HomeMy WebLinkAbout1996-12-17 CC Packet
REVISED AGENDA **
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 96-30
Stillwater Public Library, 223 North Fourth Street
December 17, 1996
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SPECIAL MEETING
REGULAR MEETING
4:00 P.M.
7:00 P.M.
4:00 P.M. AGENDA
Note change of time
CALL TO ORDER
ROLL CALL
1. Consideration of continuation of contract with Legislative Associates
2. Update: Financing of St. Croix Valley Sports Facility
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROV AL OF MINUTES - December 3, 1996, Regular and Recessed Meetings; Executives
Sessions of March 19, 1996; October 15, 1996; October 29, 1996; and December 3, 1996.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Denise Carlson, Stillwater Baha'i Community - Support of Human Rights issues
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.
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CONSENT AGENDA *
1. Resolution 96.295: Directing Payment of Bills.
2. Purchase of two air compressors - Public Works
3. Hang Banner Jan. 25 - Feb. 8, 1997 - Catholic Schools Week
4. Taxicab License Renewal - Stillwater Taxi
5. Towing License Renewal. Stillwater Towing
6. Resolution 96-296: Approving contracts for Official Newspapers for 1997
7. Resolution 96-297: Flood Hazard Mitigation Grant Agreement for Long Lake flood study
8. Resolution 96-298: Permanent employment of Steve Wicker as LaborerlMaintenance Worker
9. Resolution 96-299: Employment of warming house attendants
10. Resolution 96-300: Employment of Dan Crimmins as LaborerlMaintenance Worker
11. Authorization to start hiring process for one full-time and four part-time police officers
12. Purchase of skid steer loader trailer - Parks Department
13. Resolution 96- 303: Approving compensation for City Coordinator
14. Resolution 96-304: Change Order No.3 - A VI Systems, City Hall Building Project
15. Proposal Request No. 20 - City Hall Building Project
16. Purchase of sewer televising system
17. Authorization to start hiring process for one full-time senior account clerk
18. Purchase of copy machine
19. Purchase of mail machine
20. Resolution 96-305: Designation of Depositories for 1997
21. Purchase of CD-ROM for IBM Model 320 computer - Finance Dept.
City Council Agenda 96-30
December 17, 1996
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
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UNFINISHED BUSINESS
1. Resolution 96-301: Adopting Final Budget for the Year 1997
Resolution 96-302: Adopting Final Tax Levy for the Year 1997
2. Approval of contract for Architectural Services for St. Croix Valley Sports Complex.
3. Approval of construction manager for St. Croix Valley Sports Complex
NEW BUSINESS
1. Request for "Fast Track" permit for construction of professional building
2. Possible appointment to fill vacancy on Human Rights Commission
3. Possible first reading of ordinance establishing moratorium on construction of PCS and cellular
towers
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4. Possible first reading of ordinance establishing regulations related to use of right-of-way of
telecommunications companies and others
5. Consideration of the purchase of 2.78 acre Larson property located south of McKusick Road and
west of Neal Avenue
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REOUESTS
COUNCIL REOUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
** Items in italics are additions to the agenda
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PRESENTATION
to the
CITY COUNCil OF STillWATER, MINNESOTA
"SUMMARY FEDERAUSTATE ISSUES IN 1996"
" 1997 GOVERNMENT RELATIONS ISSUES"
December 17,1996
Jay Kimble, Mayor
Terry Zoller, Councilmember
Eric Thole, Council member
Rich Cummings, Council member
Gene Bealka, Councilmember
Legislative Associates, Inc.
1101 30th Street, N.W., Suite 500
Washington, D.C. 20007
Legislative Associates, Inc.
P.O. Box 2131
Stillwater, MN 55082
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STILLWATER PROJECTS - 1996
A Summary of LAI Work on Stillwater Projects:
Results, Hours, and Billings
Stillwater Levee Construction Project
Federal - Reauthorization of the Stillwater Levee Project.
· The U. S. Congress authorized the expenditures of $3.2 million for the
repair, reconstruction, and extension of the levee project in 1992, based
on rough estimates made by the engineers.
· Congress appropriated Federal funds of $2.4 million in 1993 for FY 1994.
· When the Design Memorandum was completed in 1995, the cost of the
project was revised to a cost of $11.6 million.
· No additional funding could be appropriated at either the State or the
Federal level until the National Water Resources Development Act was
amended to increase the project authorization by 362% and to include the
flood wall construction.
· Current funding was only sufficient to complete Stage I, the repair and
reconstruction of the existing levee wall.
· The Senate Water Resources Subcommittee had never increased an
authorization for a project in progress, according to staff. The Stillwater
levee project reauthorization was a first for the Senate.
· The reauthorization was enacted by Congress and signed by the
President in October, 1996. While it increased the authorization to $11.6
million, it stipulated that the Corps of Engineers would conduct a study to
determine the economic feasibility of the construction of the flood wall.
This study will be conducted in 1997.
Federal - Appropriation for Stage II of the Stillwater Levee Project.
. The City Council through the Mayor's testimony requested a $2.65 million
appropriation for FY 1997 for Stage II of the levee project to extend the
levee from the North end of the existing levee around Mulberry Point. The
total cost of the extension will be $3.4 million according to the Design
Memorandum.
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· It is important to note that the Stillwater project was authorized by
Congress at the request of the City, consequently, it has never been, nor
will be, included in the budget request of the Army Corps of Engineers.
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Page 2.
· Since the Corps did not spend all the funds appropriated in FY 1996, the
Congress reduced the amount of funding for a number of projects in the
nation, but gave their endorsement to getting the projects completed.
· In the case of Stillwater, Congress appropriated $500,000 for Stage II in
FY 1997, and has left it up to the City to work with the Corps of Engineers
to get the remaining $2.15 million needed, if available. This effort will
certainly need the right type of support from the Minnesota Congressional
delegation, the Appropriations Committees, and a close working
relationship with the Corps at the District, Regional, and National levels.
State - Appropriation for Stage II of the Stillwater Levee Project.
. Not originally included in the Governor's Capital Outlay Budget due to a
late start, the priority was to get the Governor to recommend funding in a
supplemental budget request for the amount of $450,000. This required
extensive work with the Governor's staff, the DNR, and the Members of
the House Capital Budget Committee, and the Senate Finance Committee.
· Working with Senator Laidig, and Senator Morse, the Senate included the
funds in their budget, however, the House did not. Frequently, if one of
the Houses includes an item in their bill, the other does not, in order to
have bargaining power in the Conference Committee negotiations.
· The Conference Committee met for 13 days and nights. A representative
for the project must be at every session because there is no notification as
to the order issues will be discussed. Even after funding has been agreed
to, they are sometimes changed as the Conferees come to the wire on the
final amount of the bill to be sent to the Governor. The longest session
lasted 14 hours.
· We received the $450,000 we requested, the largest single allocation in
the Water Division of DNA. Only five projects of the eleven requests were
funded. The funds were granted even before the amended authorization
bill was passed by Congress.
· The City is responsible for the 25% non-Federal match for the levee
project. Through Stage I and II, we have been able to obtain half of the
non-Federal match from the State. The match required for Stage III will be
$1.2 million. If the necessary work is done with DNR, the Governor's
Office, and the State Legislative Committees, we have an excellent
opportunity to get an additional $600,000 from the State.
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The New National Guard Armory
Federal/State - Funding for the New Stillwater Armory.
· Funding the construction of new armories nationally is a highly competitive
process. While previously the role of Congress, the budget reduction
movement has given Congress the excuse to tell 000 that they must now
set the priorities for the funding.
· Strong start support is essential to even be considered. The State
Department of Military Affairs classified the Stillwater Armory as their
highest priority in 1996.
· The process is similar to the levee project in that it requires both
authorization by the policy committees, and funding through the
appropriations committees.
· 000 has set forth a Five Year National Guard Plan (FYNGP) which
establishes a sequence for new construction. The construction of
armories must now compete with all other military construction to make the
000 list.
· Each year, the 000 revises the plan, and modifies their priorities. While it
has an impact for funding by Congress, the Committees continue to fund
what they want to, and their criteria differs somewhat from that of 000,
Le., community use of the facility.
· Persistence seems to be the key word with 000 and the Congressional
military construction authorization and funding committees.
· In 1996, we moved closer to funding by getting the Stillwater Armory
included in the FYNGP. Further, Stillwater was included in the Senate
long list for armory construction, but not the short list. The House included
only one armory construction project in their 1996 bill.
· Funding of the Stillwater Armory will require continued pressure on 000,
strong lobbying of Congress, close work with our Congressional
delegation, and continued high ranking and push by the State.
INTERSTATE BRIDGE
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· The lift bridge servicing Minnesota and Wisconsin motorists will not last 10
more years without the construction of a new interstate bridge, according
to the MNDOT. The States will not put additional dollars into repair of the
lift bridge, because a new bridge is needed.
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· A recent survey shows certain Stillwater retailers count on Wisconsin
citizens for 40% of their business. Sixty-five percent of Andersen Window
employees live in Wisconsin which gives some concern to where their
expansion will occur over the next decade or so.
· It is likely that the decision by the Park Service will be made in either
December or January. I anticipate a response that leaves some options
open to the City and the States.
· Much time was spent on this project in October and November by LA!.
The City of Stillwater is given credit for delaying the decision by the Park
Service which was suppose to be a "lay down" hand by the Park Service,
and elevating it to the level of the Secretary.
· It is too early to predict what effect the legal action will have on the
situation. There is presently no injunctive relief sought in the action by the
Sierra Club.
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SUMMARY OF HOURS WORKED AND HOURS BILLED FOR 1996.
BILLING PERIOD TOTAL HOURS WORKED HOURS BILLED
January 1 - February 15 189 93
February 15 - March 31 238 93
April 1 - April 30 274 93
May 1 - May 31 267 63
June 1 - June 30 248 63
July 1 - July 31 257 63
August 1 - August 31 251 63
September 1 - September 30 210 63
October 1 - October 31 205 63
November 1 -November 30 249 63
Totals for 1996 2,388 720
1996 ACCOMPLISHMENTS
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1. Federal legislation passed increasing levee authorization by $8.4 million for
the Stillwater levee project.
2. Planned and carried out the strategy resulting in a Federal appropriation of
$500,000 which will provide the needed funds to begin the plans and specs
Stage II, the extension of the levee.
3. Set up the mechanism whereby the City will receive another $2.15 million from
the Federal government to complete the construction for Stage II.
4. Planned and carried out the strategy that resulted in State legislation
allocating $450,000 in non-Federal matching funds, eliminating the need for
the City to provide these funds.
5. Got $30,000 allocated by the State for plans and specs for the new Stillwater
Armory.
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6. Got the Stillwater Armory named as a priority on the DaD five-year plan.
7. Did much background work with the House and Senate Military Construction
Committees that will be extremely helpful if work is continued on this issue.
8. Initiated actions that resulted in the delay of the decision by the National Park
Service regarding the construction of the Interstate Bridge, and elevated the
decision to that of the Departments of Interior and Transportation Secretariat
level. If made when originally scheduled, the decision would have been
negative, leaving no recourse other than court action.
9. To date, LAI work has resulted in $4 million in appropriations to the City of
Stillwater, with authorizations totaling $11.6 million. An additional $2.15
million in Federal funds is anticipated in the Spring of 1997.
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LEGISLATIVE AS SOCIA TES, INC.
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Washington Office:
1l0130th Street, NW, Suite 500
Washington, D.C. 20007
(202) 625-4356
Fax (202) 625-4363
Minnesota Office:
P.O. Box 2131
Stillwater, MN 55082
(612) 439-7681
Fax (612) 439-7319
GOVERNMENTAL ISSUES AFFECTING STILLWATER IN 1997
I. LEVEE CONSTRUCTION/FLOOD CONTROL PROJECT.
A. Project Status: The major part of the construction work on Stage I will be
completed by December, 1996. The finishing work is scheduled for Spring, 1997.
B. The $.5 million in FY 1997 funds appropriated will cover the plans and
specs for Stage II, and some beginning construction work with the remainder,
and the $350,000 appropriated by the State. This work can begin in the Spring,
1997, if the additional funds are available to advertise the bid. This will mean as
much as $2.2 million in Federal transfer funds will be required to complete Stage
II construction next Spring.
C. The transfer of funds will come from an authorized and funded project that
will be unable to spend the funds allocated to them in FY 1997. The task will be
to get the funds transferred to our levee project. The way Congress short funded
a number of projects this year, therefore, the competition for these funds from
delayed projects will be great.
D. Stillwater will have to request sufficient FY 1998 funds from Congress to
cover the funds transferred to us for the Stage II construction, plus any additional
funding needed for completion of Stage II or Stage III construction if approved.
II. STUDY OF THE FLOOD CONTROL PROJECT COMPONENT.
The $11.6 million authorization of the project was approved, however, the Stage
III construction of the project is the component that will require a study as to the financial
benefits of the project to determine if the Federal expenditure justifies the property it is
protecting.
Best estimates at the present time would indicate the potential damage to the
protected property in the case of a 1965 or 1969 flood would not be equal to the cost of
the construction.
Federal rules promulgated by the 000, however, permit some subjective
judgments regarding property of historical significance. It is my intent that we exercise
this option to the fullest, by working closely with the Corps of Engineers as they begin
and continue the financial benefits of the flood wall in the coming year. They will report
their findings to Congress to determine continued funding for Stage III.
III. STATE FUNDING FOR STAGE 3 OF THE PROJECT.
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This is not the year a major bonding bill in the State Legislature. On the odd
numbered years they restrict funding to emergency projects. Nevertheless, a State
commitment to the Stage III, flood control component of the project will strengthen our
position with the Federal government.
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It was the State DNR that pushed us to include the flood control component
because current State law does not permit State funds to be used for projects dealing
only with erosion. The reconstruction and extension of the levee wall system does not
justify the classification of the Stillwater project as a flood control project. Consequently,
the Stage III construction plans were necessary to consider the work a flood control
project.
If we can get a commitment of any kind for 1998 Stage III funds from the
Legislature this year, it will strengthen our position with the Feds, both in the agencies
and Congress.
IV. THE TERRITORIAL PRISON SITE
There are several issues regarding the Territorial Prison Site that need to be
addressed.
* A study to determine options for repair and/or reconstruction of the stone walls;
* The repair of the two stone walls that surround the prison site;
* The development of an interpretive walkway around the historic facility;
* Other opportunities for State-supported work regarding the facility.
The study of the needs for the repair of the facility is something that could be
requested in the FY 1997 Legislative Session. Since this is an "off" year for bonding, it
may be unwise to go for major State funding this year, and further, we don't have
sufficient information as to the cost of the project.
A study, however, if approved, would get the State involved at a low-level cost,
and would place us in a good position if we were to go after major bonding funds in
1998. A thorough study of the walls and the setting will cost approximately $50,000.
After walking the site around the upper and lower prison walls, it is a good guess that we
will be asking the State for a seven figure allocation to repair the wall in 1998.
An "interpretive walkway" would require special legislation, but is the type of thing
that has been done in other parts of the State in locations much less deserving. This is
something that could be done at any time, and would be another plus if we were to go
after funds to repair the wall in 1998.
V. HOTEL TAX ISSUE
The MN Department of Finance did an estimate of potential hotel tax revenues
for the City of Stillwater based on a !%, 2%, and 3% taxing authority. Such a tax can be
initiated by the City Council under existing State law, however, the revenues are limited
to public relations announcements, the printing of materials and brochures, etc.
The use of the revenues can be expanded considerably by obtaining legislative
authority for such a tax to such uses as computer equipment, decorative lighting, park
enhancements, local matching funds for the levee, Lumberjack Day expenses, and
other events. Funds can not be used for general city maintenance, Le., additional
police services, street repair or cleaning, and other such services.
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The strength of such a tax is that it would relieve the property owners from
financing city costs and services of which the primary beneficiaries are the tourists and
visitors that come to our city throughout the year. Secondly, it would enable the City
and associations to conduct a more aggressive program to attract tourism while, at the
same time, reducing the cost to property owners.
T axes would be collected by the State which would deduGt a small percentage
(generally 1.5 to 2%) from the revenues for collection and administrative costs.
VI. THE INTERSTATE BRIDGE
Until the Departments of Interior and Transportation make the determination
about the status of the bridge as a water resources project, and the courts make their
decision as to what to do, it is difficult to make any sort of judgment regarding what will
be needed to assure the bridge is constructed.
It is very important that continued pressure is kept on the Departments of Interior
and Transportation, the Federal Highway Administration, and the National Park Service
at the Federal level. It is critical that we make sure our Congressmen are doing their
part to make it happen. Coordination with Wisconsin cities, the two DOTS, the AG's
office, and others is also important to assure we are all speaking as one voice.
There will also be other problems arise since the new bridge constructions in
trouble. It will be important to counteract these measures immediately.
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Edwin E. Cain
707 Lake Drive
Stillwater, Minnesota 5082
(612) 439.7681
Fax (612) 439-7319
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EMPLOYMENT HISTORY
1991 - Present
1990 - 1991
1 989 - 1990
1982 - 1989
1 979 - 1982
1 974 - 1979
1973 - 1974
1967 - 1973
1966 - 1967
1 964 - 1966
Legislative Associates, Inc.
President, Managing Partner
United States Peace Corps (Presidential Appointment)
Director of Congressional Relations and
Intergovernmental Affairs
Legislative Associates, Inc.
President
Apache Corporation
Vice President, Corporate Affairs
Office of Governor AI Quie, State of Minnesota
Director of Intergovernmental Affairs and
Minnesota Washington Office
State of Minnesota, Department of Education
Director of Federal and State Programs
U.S. Department of Health, Education and Welfare
Assistant to the Secretary Elliott Richardson
Governmental Relations (Executive Leave from State)
State of Minnesota, Department of Education
Coordinator of Federal Programs
National Institute of Public Affairs, Washington, D.C.
Fellow - Federal/State Relations
The University of Texas
University Interscholastic League,
Assistant Director, Music Division
Instructor, College of Fine Arts
Associations and Organizations
American Petroleum Institute (API)
The Academy of Political Sciences
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Coalition for Publicly Traded Partnerships
Chair, 1983-1987
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Energy Security Policy Committee (ESP)
Independent Petroleum Association of America
Minnesota Government Relations Council
National Association Of Manufacturers (NAM)
Corporate Finance Committee
Resources and Technology Committee
National Public Affairs Steering Committee
Oil Investment Institute (011)
Chair, Government Relations Committee
U.S.Chamber of Commerce
Antitrust Committee
Government Affairs Task Force
Other Affiliations
Minnesota Business Partnerships
Minnesota Association of Commerce and Industry
Board of Directors, GARN Incorporated, 19984-88
Board of Directors, Chairman and Treasure, Stillwater, MN Public Schools, 1975-90
Washington County Community and Social Service Board
Advisor to the Carter White House Transition Team, 1979-80
Organizational Task Force, U.S. Department of Education, 1979
Minnesota Youth Advisory Task Force, 1975-77
Adjunct Faculty Appointment; UniverSity of Minnesota, 1970-78
Education
B.A. College of Education, University of Colorado
M.A. Administration and Supervision, University of Texas, 1963.
Ph.D. Program in Administration, 1964-1966.
Post Graduate Studies in Federal/State Governmental Relations, National Institute of
Pubic Affairs, Washington, D.C. 1967-68.
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MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Supplement':ll expenses-Legislative Associates
DA: December 13, 1996
Discussion:
At the meeting of Council authorized Ed Cain to perform additional work to ensure that the
City's interest was represented in regards to the National Parks Service's involvement in the
Interstate Bridge issue. Mr. Cain has submitted an expense reimbursement request for the work.
The bill is included on the list of bills for your approval (under the consent agenda).
Recommendation:
Approval of supplemental expenses for Legislative Associates, Inc.
Co.
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LEGISLATIVE ASSOCIATES, INC
Washington Office:
1101 30th Street, NW, Suite 500
Washington, D.C. 20007
(202) 625-4356
Fax (202) 625-4363
Minnesota Office:
P.O. Box 2131
Stillwater, MN 55082
(612) 439-7681
Fax (612) 439-7319
December 10,1996
Supplemental Expenses - Interstate Bridge
Submitted to the City of Stillwater, Minnesota
Washington. D.C. Trip and Reproduction of Materials
Purrpose: To set up and conduct meetings with National Park Service Officials, Justice
Dept. Attorneys, Minnesota and Wisconsin Congressional members and staff, and
others.
Dates: November 13-16, 1996
Expenses for Reimbursement:
Air Fare-Washington, D.C. and return.
$276.95
412.28
237.50
244.19
Total (travel) $1170.92
Hotel-11/13-16/96
Ground Transportation
Meals-11/13-11/16/96
Reproduction of materials for Council and State.
Total Expenses
$ 156.31
$1327.23
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Edwin E. Cain,
Legislative Associates, Inc.
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Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 96-
249, authorizing participation in the Suburban Rate Authority and designating a representative of
the City.
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None
Mr. Kriesel provided Council a copy of a MnDOT news release stating a possible delay
in the letting of bids for the new St. Croix River Bridge due to Federal review. He stated
he had requested Ed Cain, Legislative Associates, to investigate the cause and determine
what could be done to assist the process to remain on schedule.
Mr. Cain reported on the lawsuit filed by the Sierra Club and Voyagers Region National
Park Association and the reclassification of the project as a "water resources" project by
the National Park Service.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff
prepare letter of objection to the Park Service's interpretation of classification of the new St.
Croix River Bridge and directing letters be sent to members of the Congressional delegation and
appropriate agencies. 4-0-1 (Zoller abstain)
Motion by Councilmember Thole, seconded by Councilmember Cummings to recess to
executive session at 5:40 p.m. All in favor. '.
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Attest:
1~J .: U. ),. jI~
City Clerk
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MEMO
TO: MAYOR & CITY COUNCIL
DATE: DECEMBER 16. 1996
DIRECTOR ~
FROM: DIANE DEBLON. FINANCE
SUBJECT: SPORTS FACILITY FINANCES
BACKGROUND
As per your direction. staff has continued to meet with the Sports
Facili ty Commission and last met on Friday. December 13. 1996. The
attached Schedule A & B prepared by Ron Langness is a consensus of staff
and the commission members as to the expected revenues and estimated
costs to construct.
There is an estimated $3.2 million
project costs. The financing gap
construction requires an additional
years. A total construction cost of
the current estimate of revenues as
in revenues and $4.7 million in
for the arena & soccer facility
$110.000 per year over the next 20
$3.2 million could be supported from
shown on Schedule D.
Various options for addressing the financing gap were discussed by the
group. with pros and cons for all. We can discuss these with you
further at the workshop.
RECOMMENDATION
Council direction & decision as to how the $110.000 per year construction
deficit should be paid for before awarding the contracts and proceeding
with construction.
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12/16/36 11:58 FAX 612 223 3002
SPRINGSTED INC.
llJOO2/007
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85 E. SEVENTH PLACE, SUITE 100
SAINT PAUl., MN 55101-2143
/612-223-3000 FAX, 612.223-3002
December 16, 1996
SPRINGSTED
Public Financl Advisors
Ms Diane Deblon, Finance Director
Stillwater City Hall
216 North Fourth Street
Stillwater, Minnesota 55082-4898
Re: St. Croix Valley Sports Facility
Dear Ms Deblon:
We have revised the cost and cash flow scenarios to reflect the most recent (December 11,
1996) projections by the St. Croix Valley Sports Facility Commission. At the meeting on
Friday, December 13 with Dick Olson, you, Nile Kriesel, Steve Russell, and me, we agreed on
the projected pledge receipts, estimated construction costs, and the potential for future pledges
and grants. The attached schedules attempt to layout the flow of funds as we see them at this
time.
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Schedule A is the projection of pledges and grants, as expected to be received. We have
assumed the Mighty Ducks grant will be increased to $250,000 with the next legislative session.
Tax increment at the current projected level of $76,000 per year will be contributed throughout
the life of the TIF district (2011). This may increase with future development; however, the
legislature may have the State assume school operating expenses, which would reduce the
increment received. For this reason, the TlF revenues are not increased; they total $1,050,000
as projected.
Schedule 8 shows the total project costs as currently projected. The architect will have a better
number when the plans are drawn_ We have assumed the 1997 pledges will be received in
time to make construction payments, so they are subtracted from the bond issue size. In order
to finance the entire package, a $4,000,000 bond issue is required. The "sweat equity"
component of the hockey association pledge is assumed to be reflected in the construction bids
rather than by a reduction by personal services.
Schedule C shows the amortization of a $4,000,000 bond issue over a 20 year period. Column
6 is the stream of revenues from Schedule A. Column 9 shows the shortfall of current revenues
needed to support the bond issue. The revenues will support a bond issue of $2,635,000
(Schedule D) which, along with the 1997 income, will support $3,220,000 of construction costs
(Schedule E).
The association also feels that they can raise another $100,000 in pledges from projects
underway.
Respectfully,
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Ronald W. Langness
Managing Principal
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Enclosures
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SAINT PAUL, MN . MiNNEAPOUS, MN . BRCOKl-ll!LD. WI . OVERLAND PARK, i:S . WASHING'rON, DC . IOWA cm,lA
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ClIV orSt....., MlnnescU
at. CnIbt V"lef Multi1JUQlClM Spclftl ANna
Pnljected Rec:efpC of Pledges
AtMmes Cohction e:
100%
Yeu 1997 1_ 1999 2000 2001 2002 2003 2OCI4 200S 2006 2007 2006 2009 2010 2011 TCltaI
(1) ColpcnfiOM - S25,OOOt- 40,000 <<1,000 .010,000 <<I,GOO .010.000 200,000 <4.S1 %
(4) FGundiItions U18,000 185,000 1 !t5,ooo 185,000 165,000 926,000 22.73%
(2) fMlnesMS 22,535 1,.17 2..502 500 500 33,-'54 0.82%
{3} IndMdual. . $5,000. 32,333 ",333 3.334 .010,000 0.9&%
(3, lnlIIivWr.als . <$5,000 18.424 . 11,088 8,654 38.166 0.904"
(7) ISO IS3.f 16.711 16.171 16.771 16.771 18,771 16,771 16,771 16.771 ".771 16,771 167,710 4.12"
(6) lAcal U,,1tsar GeM. 1O:Z.~ 21'- 21,465 21,~ 21,495 21,_ 21,_ 21.465 21.485 2M65 2ge,<<50 7~"
(10) Mighty Ducb 250.000 " 250,000 6.1."
(J) Hoc:Ioer "-ildion 121,959 111.119 109.480 1011.750 108,750 108,750 6lI.r.iO 68.750 806,368 18.7SI%
(9) SlICC8l' AssociIItion 21,925 22,6.&1 23.. ~,204 25,055 15,958 UI.916 17,S!1 19,007 2D,147 207,183 5.011%
(5) City 01 Sti.... {TIF) 75,000 '75,000 75.000 75,000 75,000 75,000 75,000 75,000 75,000 75.000 75.000 7S.ooo 75,000 7':l,ooo 1,050,000 25.77'lC.
Zambonl 20,000 2,857 2.8fST 2,857 2.tt57 2)J/ST 2,&57 2,fI51 2,857 2,lI57 2M1 2.857 2.851 2.857 2,859 80.000 1.4N
T otafs 832 412 is! 751 <48ll Mi2 <414 547 475.398 2~ 801 201 7S9 202 77. 135100 136240 n .B.57 77.J1J1S1 77 857 77 8S7 77 esg 4.074.531 1l1O.ClO'l6
N<<es: el) Ttle tioclley AssociIllon also pllldged 51 20,000 or "swelt equity" ID Ill. project.
, (b) The Il1S7 piqll$ _me rKelpt 01 the full'Mighty Dudc$" Grant.
ee} Ttle City 1M. CD'ltribate the land fDr the fac1lity.
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12/16/36 11:59 FAX 612 223 3002
SPRINGSTED INC.
City of Stillwater, Minnesota
General Obligation Sports Facility Bonds, Series 1997
Composition of Bond Issue
Sports Arena (Including Outdoor Rink)
Fieldhouse
Architectural Fees
Contingency
Fund Drive Expense
Capitalized Interest - 9 mos.
Working Capital - 2 mos
Total Project Costs
Leu 1996197 Pledges
Net Required
Underwriter's Discount
Costs of Issuance
Total Bond Issue
$2.553,000 ·
1,547,000 ·
275,000 ·
100,000 ·
40,000 ·
152,435
100,000
$4,767,435
(B32,412)
$3,935,023
32,000
32,977
$4,000,000
Note: The $120,000 of "sweat equity" is also available for construction.
· Per St. Croix Valley Sports Facility Commission Report Dated 12111/96.
Prepareel by: Sprfngsted Incorpol'lted (1211~)
. ,~..,,:?t.:::; '-
:.tl 0041007
SCHEDULE B
12/16/36 12:00 FAX 612 223 3002
SPRINGSTED INC.
tJO~5:201_
SCHEDULE C
e
City of Stillwater, Minnssot.
General Obligation Sports Facility Bonds, Series 1997
Bonds Dated:
Mature:
2/1/1997
12/1
Debt Service Capitalized Surplus
Year PrinciDal Rates Interest Total Pledoes Interest Total (Deficit)
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1997 152,435 152,435 152,435 152,435 0
1998 425.000 3.85% 182,923 607,923 497,751 497,751 (110,172)
1999 430,000 4.00% 166,560 596,560 488,462 48a,462 (108,098)
2000 435,000 4.15% 149,360 584,360 474,547 474,547 (109,813)
2001 455,000 4.30% 131,308 586,308 475,398 475,398 (110,910)
2002 240,000 4.40% 111,743 351,743 240,801 240,801 (110,942)
2003 210,000 4.500/0 101,183 311.183 201,759 201.759 (109,424)
2004 225,000 4.80% 91,733 316,733 202,774 202,774 (113.959)
2005 165,000 4.70% 81,383 246,383 135,100 135,100 (111,283)
2006 175,000 4.80% 73,628 248,628 136,240 136,240 (112,388)
2007 125,000 4.90% 65,228 190.228 77,857 77,857 (112,371)
2008 130,000 5.00% 59,103 189,103 77,857 77,857 (111,246)
2009 135.000 5.10% 52,603 187,603 77,857 77,857 (109,746)
2010 145,000 5.20% 45,718 190,718 77,857 77,857 (112,861)
2011 150,000 5.30% 38,178 188,178 77,859 77.859 (110,319)
2012 80,000 5.35% 30,228 110,228 0 (110,228)
2013 85,000 5.40% 25,948 110,948 0 (110,948)
2014 '90,000 5.45% 21,358 111,358 0 (111,358)
2015 95,000 5.45% 16.453 111,453 0 (111,453)
2016 100,000 5.50% 11,275 111,275 0 (111,275)
2017 105.000 5.50% 5.775 110,775 0 (110,775)
Totals 4.000,000 1614.115 5,614,115 3.242119 152,435 3,394,554 (110,978)
(Average)
Bond Years
Average Mat
Net Interest Rate
32,758.33
8.19
5.03%
Annual Interest
Discount ~ .8%
T otallnterest
1,614.115
32,000
1.646,115
e
Prepanld by: Sptlng..ed Incorporated (12113196)
12116/36 12:00 FAX 612 223 3002
SPRINGSTED INC.
'.QJ 006(01);
SCHEDULE 0
e
City of Stillwater, Minnesot.
General Obligation Sports Facility Bonds, 58ri.. 1 i97
Bonds Dated:
Mature:
211/1997
1211
Debt Service Revenues Surplus
Year PrinciDal Rates Interest Total Pledges Operating Total (Deficit)
1997 95,463 95,463 95,463 95.463 0
1998 380,000 3.85% 114,555 494,555 497.751 497,751 3,196
1999 390,000 4.00% 99,925 489,925 488,462 488,482 (1,463)
2000 390,000 4.15% 84,325 474,325 474,547 474,547 222
2001 405,000 4.30% 68,140 473,140 475,398 475,398 2,258
2002 190,000 4.40% 50,725 240,725 240,801 240,801 76
2003 160,000 4.50% 42,365 202,365 201.759 201,759 (606)
2004 165,000 4.60% 35,165 200,165 202,774 202,774 2,609
2005 105,000 4.70% 27,575 132,575 135,100 135,100 2,525
2006 115,000 4.80% 22,640 137,640 136,240 136,240 (1,400)
2007 60,000 4.90% 17,120 77.120 77,857 77,857 737
2008 65.000 5.00% 14,180 79,180 77,857 77,857 (1,323)
2009 65,000 5.10% 10,930 75,930 77,857 77,857 1,927
2010 70,000 5.20% 7,615 77,615 77,857 77,857 242
2011 75,000 5.30% 3,975 78,975 77,859 77.859 (1,116)
2012 5.35% 0 0 0 0
2013 5.40% 0 0 0 0
2014 5.40% 0 0 0 0
2015 5.50% 0 0 0 0
2016 5.50% 0 0 0 0
Totals 2635.000 694 698 3,329,698 3.242 119 95.463 3337.582 7864
Bond Years
Average Mat
Net Interest Rate
15.140.83
5.75
4.76%
Annual Interest
Discount @ 1 %
Total Interest
694,698
26,350
721,048
e
Prepared by. Sprlngs!ed Incorporlled (12113196)
..' r"
e
e
12/16/36 12:01 FAX 612 223 3002
SPRINGSTED INC.
City of Stillwater, Minnesota
General Obligation Sports Facility Bonds, Serie. 1997
Compoaition of Bond Issue
Construction Costsl Architect/Contingency
Capitalized Interest w 9 mos.
Working Capital w 2 mos
Total Project Costs
Less 1996197 Pledges
Net Required
Underwriters Discount
Costs of Issuance
Total Bond Issue
prepered by. $prlnll~ed Inccrporated (12/13196)
3,220,000
95,463
100,000
$3,415,463
(832.412)
$2,583,051
21,oaO
30,ae5e
$2,635,000
,lJ 007/007
SCHEDULE E
"
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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-29
e December 3, 1996
REGULAR MEETING 4:00 P.M.
The Meeting was called to order by Mayor Kimble.
Present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble.
Absent: Councilmember Thole (arrived at 5:45 p.m.)
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Fire Chief Ness
Chief Beberg
City Engineer Eckles
Building Inspector Zepper
Community Development Director Russell
Administrative Assistant Cordes
City Clerk Weldon
Press: Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
1. Update: Discussion with Territorial Coalition (TCI) representatives
John Lange and Michael Borum, TCI, explained changes in the design of the
project for financing purposes and requested an extension of the closing date for
the sale of the prison land in order to complete the financing package.
Motion by Councilmember Zoller, seconded by Councilmember Bealka extending development
agreement closing date with Territorial Coalition, Inc., (90 days) to March 31, 1997. All in
favor. (Thole absent)
2. Review of RFP's for St. Croix Valley Sports Complex.
Administrative Assistant Cordes and Community Development Director Russell
reported proposals were received for design services for the St. Croix Valley
Sports Facility complex from the following four firms: 1) Ankeny Kell
Architects, P.A. and StefanlLarson Associates 2) Shea Architects, Inc., 3) Delano
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Erickson Architects, and 4) Bonestroo Rosene Anderlik & Associates.
Each team presented their proposals in the following order:
1) Shea Architects, Inc.,
2) Ankeny Kell Architects, P.A. and Stefan!Larson Associates
Recessed at 5:30 p.m. Reconvened at 5:40. p.m.
(Thole arrived at 5:45 p.m.)
3) Bonestroo Rosene Anderlik & Associates.
4) Delano Erickson Architects,
Recessed at 6:40 p.m. Reconvened at 6:50 p.m.
Motion by Councilmember Zoller, seconded by Councilmember Bealka selecting Ankeny Kell
Architects, P .A. and Stefan!Larson Associates as architects for the St. Croix Valley Sports
Complex and directing staff to prepare contract for council approval.
Ayes: Councilmembers Zoller, Bealka and Mayor Kimble
Nays: Councilmembers Cummings and Thole
Recessed at 6:56 p.m.
Mayor
Attest:
City Clerk
2
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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-29
December 3, 1996
RECESSED MEETING
7:00 P.M.
The Meeting was called to order by Mayor Kimble. (7:10 p.m.)
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Also Present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Finance Director Deblon
Community Development Director Russell
Planning Commission Chairman Fontaine
Ed Cain, Legislative Associates
City Clerk Weldon
Press: Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of October 29, 1996 Special and Regular Meetings. All in favor.
OPEN FORUM
Martha Hubbs, William Sauntry Mansion, 626 N 4th St, presented a petition from
lodging operators in Stillwater opposing the implementation of a lodging tax. She
requested operators be involved in workshops if a lodging tax is considered.
CONSENT AGENDA *
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve consent
agenda. All in favor.
1.
2.
3.
4.
5.
Directing Payment of Bills. (Resolution No. 96-283)
1997 Renewals of Liquor, Wine, Beer, and Cigarette Licenses. (Resolution No. 96-284)
Contractors License: Kingwood Management (Renewal); HeIkes Tree Service (Renewal).
Authorize hiring process for Civil Engineer.
Purchase of Autocad software update.
-
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Accepting Work and authorizing final payment, Good Samaritan Storm Sewer and
Drainage Improvements, L.I. 317. (Resolution No. 96-285)
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PUBLIC HEARINGS
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 27, 1996.
The Mayor opened the public hearing.
Dwayne Nelson, 822 S. 2nd St., stated he had a 40% increase with no increase in
valuation of his property. Staff offered to look at his notice to see if an error had been
made.
Finance Director Deblon explained the tax levy process and how tax monies are spent.
The Mayor closed the public hearing.
No action necessary at this time.
2. Case No. SUB/96-70. This is the day and time for the public hearing to consider a minor
subdivision to divide an existing parcel into two lots of 2.36 and 1.37 acres located just
east of Baker's Square on the TH 36 Frontage Road in the BP-C, Business Park
Commercial District. Robert Brackey, applicant. Notice of the hearing was placed in the
Stillwater Gazette on November 22, 1996, and notices mailed to affected property
owners.
Community Development Director Russell reviewed the request for subdivision,
explaining approval would be contingent upon MnDOT approval and City Engineer
reVIew.
The Mayor opened the public hearing.
There were no requests to be heard.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmenber Bealka adopting Resolution 96-
286, approving a minor subdivision of an existing parcel into two lots of2.36 and 1.37 acres
located just east of Baker's Square on the TH 36 Frontage Road in the BP-C, Business Park
Commercial District, Robert Brackey, applicant.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4
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3.
Case No. SUB/96-71. This is the day and time for the public hearing to consider a minor
subdivision to resubdivide (swap lands) the property located at 12811 62nd Street just
west of the comer ofCR 5 and TH 36 in the CR & D, Campus Research District. James
Bradshaw, applicant. Notice ofthe hearing was placed in the Stillwater Gazette on
November 22, 1996, and notices mailed to affected property owners.
e
Community Development Director Russell reviewed the request for subdivision. He
stated all affected property owners were in agreement with the swap.
The Mayor opened the public hearing.
There were no requests to be heard.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 96-
287, approving a minor subdivision to resubdivide (swap lands) the property located at 12811
62nd Street just west of the corner ofCR 5 and TH 36 in the CR & D, Campus Research District,
James Bradshaw, applicant.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Case No. SUB/96-73. This is the day and time for the public hearing to consider a
subdivision of the Maple Island Property into four lots of 13,000; 4,600; 4,600; and
16,500 feet located at 219 North Main Street in the CBD, Central Business District. Tim
Stefan, applicant. Notice of the hearing was placed in the Stillwater Gazette on
November 22, 1996, and notices mailed to affected property owners.
Community Development Director Russell reviewed the request for subdivision which
also included a trade of the 20 foot strip of City-owned land (purchased in 1991 from
Burlington Norther for purposes of assisting with redevelopment of Maple Island Plant)
to the developer for public use of the 46-car parking lot.
The Mayor opened the public hearing.
Tim Stefan, Mainstream Development Partnership, explained the purpose of the
subdivision was to make the project financially viable.
Howard Lieberman, Heritage Preservation Commission, stated the HPC felt this was a
good use of the property and recommended Council act favorably on the request.
The Mayor closed the public hearing.
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5
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Council directed staff to prepare agreement to trade with the developer the entire 20- foot
city strip of land for public use of the parking lot.
e
Motion by Councilmember Thole, seconded by Councilmember Bealka adoptingResolution 96-
288, approving the subdivision of the Maple Island Property into four lots of 13,000; 4,600;
4,600; and 16,500 feet located at 219 North Main Street in the CBD, Central Business District,
Tim Stefan, applicant, as conditioned, and directing 20-foot strip of land be deeded to developer
in trade for public use of the parking lot.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
5. Case No. ZAT\96-4. This is the day and time for the public hearing to consider a
modification of RA and RB zoning regulations regarding commercial uses (home
occupations) in residential areas. City of Stillwater, applicant. Notice ofthe hearing was
placed in the Stillwater Gazette on November 22, 1996, and notices mailed to affected
property owners.
Community Development Director Russell presented a draft home occupation use permit
ordinance amendment.
The Mayor opened the public hearing.
There were no requests to be heard.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to continue
working on preparation of ordinance amendment modifying RA and RB zoning regulations
regarding commercial uses (home occupations) in residential areas. All in favor.
UNFINISHED BUSINESS
1. Request for assistance: Stillwater Antiques
Susan Sabongi, Stillwater Antiques, requested City assistance for building improvements
at 501 N. Main St. and 226 S. Main St. She stated the requirements for installation of
sprinkler systems severely impacted their business project and requested assistance such
as that offered to encourage Simonet's to remain downtown.
It was explained Simonet's received TIF assistance for cost ofland for the new store; no
assistance for sprinklers was provided. In addition, the new owners of the downtown
store were required to install sprinklers when the building changed hands.
6
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. ,
Staff explained 226 S. Main Street would be required to be sprinkled ifthere is a change
of occupancy; however, if it is again occupied by another retail business, it would not be
considered a change of occupancy and would not require a sprinkler system until a
change of occupancy rating occurred.
2.
Approval of AUAR contract.
Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 96-
293 approving contract with team of Dahlgran, Shardlow and Urban (DSU), Bonestroo Rosene
Anderlik & Associates (BRA) and Northern Environmental Technologies for preparation of
Alternative Urban Areawide Review for annexation area.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
NEW BUSINESS
1. Planning Commission recommendation: Surface water use of Long Lake.
Community Development Director Russell reported members of the Long Lake Association had
recently appeared before the Parks Board and Planning Commission with concerns for the
condition and use of motor craft on Long Lake.
Motion by Councilmember Zoller, seconded by Councilmember Thole referring issue of surface
water use of Long Lake to Parks and Recreation Board and the Planning Commission and
directing a public hearing be held at a joint meeting of the Parks and Recreation Board and the
Planning Commission, and return a recommendation to Council.
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: Mayor Kimble
2. Park and Recreation Board recommendation for consultant services for McKusick Lake
area park plan.
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 96-
294, accepting proposal of Herb Baldwin, Landscape Architect, for consultant services for
McKusick Lake area park plan.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. Approving Pinal Plat, Interlachen Hills Third Addition.
David Green, 204 Crestwood Terrace, requested final plat approval be tabled until
7
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wetland and grading/drainage issues are resolved and park dedication fee usage is
determined.
City Attorney Magnuson explained compliance controls are contained in the development
agreement.
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Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution 96-
291 approving Final Plat, lnterlachen Hills Third Addition, subject to conditions of approval.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Consideration of continuation of contract with Legislative Associates.
Motion by Councilmember Thole, seconded by Councilmember Bealka to table consideration of
continuation of contract with Legislative Associates to special meeting of 4:30, December 17,
1996. All in favor.
5. Appointment of city representative for Manning Avenue Corridor Study.
Motion by Councilmember Bealka, seconded by Councilmember Cummings appointing City
Engineer Eckles and Community Development Director Russell as city representatives for
Manning Avenue Corridor Study. All in favor.
STAFF REPORTS (continued)
City Attorney Magnuson presented a petition for vacation of a utility easement over the West
10 feet of Lot 3, Block 4, Fairmeadows No.3.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting
Resolution 96-289 approving vacation of utility easement over the West 10 feet of Lot 3, Block
4, Fairmeadows No.3, as described in Document No. 31095.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
City Coordinator Kriesel reported the Parks and Recreation Board is recommending the city
acquire a parcel of land immediately east of Calibre Ridge and south of Forest Hills Addition
(known as the Augustine property). He stated it is available to the City because it is tax
forfeit property.
Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 96-
290 approving application for conveyance of tax-forfeited lands for authorized public use.
8
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Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
ADJOURNMENT
Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn to executive
session at 9:40 p.m. All in favor.
Mayor
Attest:
City Clerk
Resolution No. 96-283 Directing Payment of Bills.
Resolution No. 96-284: 1997 Renewals of Liquor, Wine, Beer, and Cigarette Licenses.
Resolution No. 96-285: Accepting Work and authorizing final payment, Good Samaritan Storm
Sewer and Drainage Improvements, L.I. 317.
Resolution No. 96-286: Approving a minor subdivision of an existing parcel into two lots of
2.36 and 1.37 acres located just east of Baker's Square on the TH 36 Frontage Road in the BP-C,
Business Park Commercial District, Robert Brackey, applicant.
Resolution No. 96-287: Approving a minor subdivision to resubdivide (swap lands) the
property located at 12811 62nd Street just west of the comer ofCR 5 and TH 36 in the CR & D,
Campus Research District, James Bradshaw, applicant.
Resolution No. 96-288: Approving the subdivision of the Maple Island Property into four lots
of 13,000; 4,600; 4,600; and 16,500 feet located at 219 North Main Street in the CBD, Central
Business District, Tim Stefan, applicant, as conditioned, and directing 20-foot strip of land be
deeded to developer in trade for public use of the parking lot.
Resolution No. 96-289: Approving vacation of utility easement over the West 10 feet of Lot 3,
Block 4, Fairmeadows No.3, as described in Document No. 31095.
Resolution No. 96-290: Approving application for conveyance oftax-forfeited lands for
authorized public use.
Resolution No. 96-291: Approving Final Plat, Interlachen Hills Third Addition, subject to
conditions of approval.
Resolution No. 96-292: Approving Contract with Stillwater Managers. (Executive Session)
Resolution No. 96-293: Approving contract with team of Dahlgran, Shardlow and Urban
(DSU), Bonestroo Rosene Anderlik & Associates (BRA) and Northern Environmental
Technologies for preparation of Alternative Urban Areawide Review for annexation area.
Resolution No. 96-294: Accepting proposal of Herb Baldwin, Landscape Architect, for
consultant services for McKusick Lake area park plan.
e
9
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12/12/96 11:42
FAX 612 297 743~
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Post-It". brand fax transmittal memo 7671
TIt
December 12~ 1996
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Dear Ms. W~J..e..I1;
."
Louise Watson called to say that she had spoken with your office requesting time on the
City Council agenda for a brief presentation by the Stillwater Baha'i Community. She
indicated that you would like a summary of that presentation to send out with the agenda.
First of all, on behalf of the Bahais of Stillwater, I would like to thank you for allowing us
some time at the CoWlci1 meeting. I know the Council always has a lot of business to take
care of. I promise our presentation will be brief.
Ourpresentationisactuallyintendedtocoincide.with HumanRigbtsDaYiwhich is.... ". .... '. ". ...__.........
celebrated on December 10 each year. This is an United Nations-sponsored day to raise
people's awareness of the need to foster and protect the fundamental rights and freedoms
of every citizen around the world. Observances normally include speeches, conferences
or symposia, dinners and awards presentations to honor achievements in the human rights
arena.
Bahais believe strongly in the unity of all 1'ru.mldnd and wo* closely with the United
Nations and other organizations involved in human rights work. Although the City
Council is meeting a week after Human Rights Day~ the Stillwater Baha'i Community
wanted to recognize the Council for its work in forming the Stillwater Human Rights
Commission After a few very brief introductory remarks explaining the significance of
the day~ I would like to present the Council with a copy of the document entitled The
Promise of World Peace~ issued.in 1985 by the international governing body of the Baha'i
Faith. The document offers a program for fostering peace around' the world that starts at
the local level and is built on the concept of equal rights for all. We think the members of
the City Council would find it relevant to the work that they do.
I hope this explanation is helpful Since I will be the spokesperson next Tuesday evenin&
feel free to call me if you have any more questions:
Denise Carlson
297-3874 (work)
351-9482 (home)
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 96-295
e Ace Hardware Hardware Supplies
AirT ouch Cellular Cellular Phones
American Linen Supply Towel Service
Amoco Spring Gas/Diesel
Anderson, Richard Health Ins. Refund
Assigned Risk Safety Acct. Penalty Assessment
Assoc. of Govt. Accountants Seminar
Attorneys Title of Stillwater Refund Overpayment
AT&T ' Long Distance
AT&T Lease
AT&T Wireless Pager Service
AVI Systems Audio Visual System
Barthol, Bob Health Ins. Refund
Bartley Sales Co. City Hall Project
Board of Water Commissioners Tax Settlement
Board of Water Commissioners Repair Hydrant
Brockman Trucking Trailer Rental
Cable Commission Cablecaster Services
Camas-Shiely Division Washed Sand
Cargill Salt Salt
CBS Maintenance Agreement
Catco Motor
e CDP Imaging systems Copier Maintenance
City of Bayport Prison Pond Feasibility
Clarey's Extinguisher Maintenance
Conrad Mechanical Contractors City Hall Project
Copy Cat Forms
Cordes, Marcia Dues/Seminars
Cutler, Jeff Office Supplies
Cy's Uniforms Misc. Uniforms
Dahlgren, Shardlow & Uban AUAR Report
Del's Outdoor Chain Saw
Eagle Point Software Software
Ecolab Pest Control
Ecoprint Human Rights Comm. Flyers
Elder Jones Inc. Refund Bldg. Permit
Fina Gas
Firstar Bank Safe Deposit Box
Fleet Fueling Gas/Diesel
Geo. W. Olsen Construction City Hall Project
Goodwill November Expenses
Grainger Air Compressor
G&K Services Uniforms/Rugs/Mops
.. H & L Mesabi Cutting Edge for Loader
,., Happel, Jerry Downtown Maps/GIS Data
Harrison, Sharon Education
Heritage Printing Letterhead/Envelopes
Industrial Door Co., Inc. City Hall Project
Jansen's Cleaning Service Maintenance Agreement
302.36
110.37
31.96
3,148.60
7.64
50.00
75.00
4,138.79
12.53
26.77
8.51
60,237.60
7.64
9,405.00
2,668.39
80.22
181.04
69.00
60.05
952.80
147.49
18.48
545.90
669.00
367.86
43,071.00
96.41
158.90
43.63
107.23
630.00
700.75
3,500.00
219.36
42.44
134.00
100.47
33.00
445.46
48,188.00
324.79
211 .94
1,480.18
293.76
925.00
441.36
140.69
1,416.00
1,071 .00
Jim Hatch Sales Gloves
Johnson, Ron Computer Supplies
Junker Sanitation Garbage Bags Sold
Junker Sanitation December Payment
Keyland Homes Grading Deposit Refund
Kimbell Midwest Straps/Bolts
Kriesel, Nile Meals/Supplies
lake Country Chapter Seminar
lake Elmo Hardwoodlumber Wood
larson, Russ Window Painting/Cleaning
legislative Associates Consulting Services
lucent Technologies Maintenance Agreement
Magnuson, David legal Services
Maple Island Asbestos Clean-up
Metro Electric Construction City Hall Project
Metropolitan Council January Sewer Service
MN State Board of Accountancy License Renewal
Mulcahy, Inc. City Hall Project
Northland Concrete & Masonry City Hall Project
Northwestern Tire and Battery Tire Repairs
NSP Gas/Electric
NSP Street Lights
Oxygen Service Co. Inc. Oxygen
Pederson-Sells Equipment Position Detent Kit
Petty Cash Meal
Pointe Business Printing Time Sheets
Price, Monica Mileage/Meals
ROO Equipment Gaskets/Bulbs
Reed Becthold Dump Truck Rental
Restwell Mattress Factory Mattresses
Roettger, David Health Ins. Refund
Roettger, John Grading Deposit Refund
Roof-Tech, Inc. City Hall Project
R.W. Kirchner & Assoc. Appraisal Report
SECOM Emergency Light
SEH ArcView 3 Training
SEH Consulting Engineer
Stack, Barrett Survey
State of Minnesota 1996 State Statutes
Stender, Jeffrey Meals/Gas/Uniforms
Stender, Jeffrey Health Ins. Refund
Stillwater Car Quest Misc. Supplies
Stillwater Ford Repalce gauges
Stillwater Gazette Meeting Notices
Stillwater Motors Tail Pipe Assembly
St. Croix Animal Shelter November Boarding Fees
St. Croix Car Wash Wash Squad Cars
St. Croix Office Supplies Signature Stamp
Swanson, Douglas Health Ins. Refund
Sweeney Builders Grading Deposit Refund
The Courier Council Proceedings/Notices
,..----,.-~.~~.- .-.'-- ~~"'~'~',.. '." ',. ",",:-. ,~",.~,. ,.,,_..,7___ .. ._~'t.,.~
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60.00
108.07
537.50
. 92,140.64
1,500.00
88.72
172.30
125.00
75.18
70.00
1,327.23
184.09
5,999.58
266,500.00
11,476.00
91,517.00
45.00
14,250.00
31,350.00
2,966.06
1,386.05
11,130.01
36.76
19.11
13.60
176.37
63.23
55.24
608.00
5,385.00
7.64
1,500.00
27,731.00
1,500.00
83.07
495.00
5,610.00
1,560.00
197.03
375.08
7.64
309.71
207.84
338.52
101.44
430.80
21.25
19.16
1.40
1,500.00
107.63
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Thompson Hardware
T ower Asphalt
Tower Asphalt
Treadway Graphics
United Laboratories
University of Minnesota
U.S. West
Valley Auto Supply
Vicom Inc.
Viking Office Products
Visionary Systems
Wal-Mart
Ward, Diane
Wasche Interiors, Inc.
Washington County
Washington Co. Recorder
Washington County Treasurer
Watson, Dennis
Weldon, Morli
Wipers and Wipes
Wybrite
Yocum Oil
Zepper, Allen
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Misc. Hardware
L. I. 320
Mill/Blacktop
D.A.R.E.ltems
Cleaning Supplies
Conference Registration
Phones/Long Distance
Wiper Blades/Oil Filter
Telecommunications Equip.
Office Supplies
Software Update
Film
Tuition
City Hall Project
Recording/Deed Tax/Abstract
Recording Fees
Register Notary Public
Programming
Mileage/Supplies/Meals
Towels/Dispensers
Maintenance Agreements
Fuel Oil
Meetings/Mileage .
Total Due:
Adopted by the City Council this 17th Day of December, 1996.
APPROVED FOR PAYMENT
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69.39
190,940.76
1,144.00
1,982.31
204.48
215.00
1,196.56
17.98
15,971.66
133.30
419.83
55.87
231 .25
14,934.00
299.00
154.00
25.00
132.30
104.57
38.07
410.50
202.14
125.80
997,576.09
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STAFF REQUEST ITElVI
DEPARTMENT Pub 1 ic Works MEETING DATE
{sewer)
DESCRIPTION OF REQUEST (Briefly outline what the request is)
December 17, 1996
Two air compressors
Item # 5F237
$199 each
Purchase from Grainger's, 4444 Round LAke Rd W., Arden Hills MN 55112-3913
PH - 633-0287
FINANCIAL ThAP ACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
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$199.00
199.00
398.00 Subtotal
25.88 Tax
$423.88
ADDITIONAL INFORMA nON A IT ACHED
YES
NO--L
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO TIIE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY
David Junker
DATE
12/6/96
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REQUEST FOR INSTALLATION OF BANNER
APPLICANT Cha~;e dJ'rtlYhR / /.I~! !!:chd krd
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ORGANIZATION ~ .{j\Ol\L \. .O.~O fc SclJco I va lU:R~~ '770-l./fh91
ADDRESS W l ~ ~ ~ S~LEPHONE '-I ~ q~ ,-c;!J~ /
ACTIVITY BEING PROMOTED BY PROPOSED BANNERS:
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5.
BANNER LOCATION REQUESTED:
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Main Street at Olive Street (Mad Capper)*
North Main Street - 100 Block (Kolliners)*
Chestnut Street at Union Alley (Firstar Bank)
6.
*MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
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DATES TO BE DISPLAYED: /)'\. d5~ < ~ r9.A2 ~;::; of\ 0 = /11
COMPANY INSTALLING BA ER: /..J t - } G~ j
Address dd;l f ffYYllbo/f,dJ Sf ~.I~ Phone 2> Cf - G <j I
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BANNER REQUIREMENTS ATTACHED
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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APPLICATION .FOR TAXI CAB LICENSE
NAME OF APPLICANT
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TELEPHONE NUtvffiER
DATE
MA!\:E MODEL STYLE YEAR
VIN NO.
LICENSE SEATING
NO. CAPACITY
LOCATION
VEHICLE
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515.00/
CAB.
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DATE
MAKE MODEL
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VIN NO.
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BACK-
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DATE
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APPLICATION FOR TOWING LICENSE
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MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Official Newspapers
DA: December 13, 1996
Discussion:
For the past two years the City has had contracts with the Stillwater Gazette and the Courier to
publish legal notices and proceedings of the CouncillBoards/Commission meetings. The Gazette
publishes legals and the Courier publishes the proceedings.
I have talked to representatives of both papers and they would like to continue with this
arrangement. They are requesting a 3% increase in their fees to cover cost of living increases. I
would recommend that the Council approve the contracts for legal and proceeding publications
as per attached agreements.
Recommendation:
Council consider Resolution approving contracts for publication of legal notices and proceedings
of meetings of CouncillBoards and Commissions.
Note: This item is on the Consent Agenda.
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RESOLUTION NO. 96-
AUTHORIZING EXECUTION OF CONTRACTS
FOR 1997 LEGAL NEWSPAPERS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Mayor
and City Clerk are hereby authorized and directed to enter into a contract with the Courier
News for the publication of Proceedings in Summary Form for 1997, attached hereto as
Exhibit "A", and the Stillwater Gazette for the publication of Legal Notices for 1997, attached
hereto as Exhibit "B".
Adopted by the City Council this 17th day of Decmeber, 1996.
Jay Kimble, Mayor
Attest:
Morli Weldon, City Clerk
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EXHIBIT "A"
. AGREEMENT FOR
OFFICIAL NEWSPAPER - CITY OF STILLWATER
OFFICIAL PROCEEDINGS IN SUMMARY FORM
FOR THE YEAR 1997
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THIS AGREEMENT, made and entered into this 1st day of January, 1997, by and between
THE COURIER NEWS, hereinafter called the "Contractor", and the CITY OF
STILL WATER, a municipal corporation of Washington County, Minnesota, hereinafter called
the "City".
WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified,
agree as follows:
1. The Contractor agrees that The Courier News is, and for the term of this contract shall
continue to be, a Qualified Newspaper in accordance with the laws of the State of
Minnesota, 331 A. 01, having general circulation in the City of Stillwater.
2. That for and during the calendar year ending December 31, 1997, the Contractor will
publish all Official Proceedings in Summary Form of the City in The Courier News.
3. The publications to be in accordance with instructions provided by the City Clerk as to
date and frequency.
4. That all of the publications shall generally conform with established standards of quality
previously provided the City.
5. In accordance with the Specifications for City of Stillwater publications for 1997 Legal
Advertising on file with the Office of the City Clerk and using 7 point - 8 leading -
Helvetica type and a standard advertising unit width, the cost per column inch for official
City publications shall be:
$3.60 per Column Inch
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year fIrst above written.
In presence of:
COURIER NEWS
In presence of:
CITY OF STILL WATER
City Clerk
Mayor
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I.
EXHIBIT "B"
AGREEMENT FOR
OFFICIAL NEWSPAPER - CITY OF STILL WATER
LEGAL NOTICES FOR THE YEAR 1997
THIS AGREEMENT, made and entered into this 1st day of January, 1997, by and between
THE STILL WATER GAZETTE, hereinafter called the "Contractor", and the CITY OF
STILL WATER, a municipal corporation of Washington County, Minnesota, hereinafter called
the "City".
WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified,
agree as follows:
1. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall
continue to be, a Qualified Newspaper in accordance with the laws of the State of
Minnesota, 331A.Ol, having general circulation in the City of Stillwater.
2. That for and during the calendar year ending December 31, 1997, the Contractor will
publish all official notices of the City in The Stillwater Gazette.
3. The publications to be in accordance with instructions provided by the City Clerk as to
date and frequency.
4. That all of the publications shall generally conform with established standards of quality
previously provided the City.
5. In accordance with the Specifications for City of Stillwater publications for 1997 Legal
Advertising on file with the Office of the City Clerk and using 7 point - 8 leading -
Helvetica type and a standard advertising unit width, the cost per column inch for official
City publications shall be:
First Insertion:
Second, and Each Subsequent Insertion:
$3.60 per Column Inch
21 % discount of first insertion cost
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
In presence of:
STILL WATER GAZETTE
In presence of:
CITY OF STILL WATER
City Clerk
Mayor
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STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
FLOOD HAZARD MITIGATION GRANT AGREEMENT
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THIS AGREEMENT is entered into by the State of Minnesota,
acting by and through the Commissioner of Natural Resources,
hereinafter referred to as the "State", and the City of Stillwater,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, Long Lake, Lake McKusik and other lakes in the Browns
Creek Watershed are suffering from high water levels causing damage
to homes, roads and cropland; and
WHEREAS, many of these lakes have no outlet or no outlet that
will be reached before causing significant flood damages; and
WHEREAS, the City is interested in reducing water levels on
these lakes to acceptable levels while preserving the trout habitat
in Browns Creek; and
WHEREAS, the City has hired a consulting engineer to
investigate measures to reduce flooding around the lakes and to
maintain trout habitat in the creek; and
WHEREAS, the State is authorized by M.S. l03F.161, to provide
cost share grant assistance for flood damage reduction activities;
and
WHEREAS, the State has determined that the flooding problem in
the City is sUfficiently severe that it should receive priority
consideration for flood damage reduction grant assistance.
NOW THEREFORE, it is agreed by and between the parties hereto:
I . WORK
The City shall retain the services of a consulting
engineer to conduct an analysis of the flooding problems and
el
possible alternative solutions for the portion of the Browns Creek
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Watershed including Lake McKusik and Long Lake.
All data
collection and modeling efforts should be coordinated with ongoing
efforts of Washington County to study the remainder of Browns Creek
Watershed Activities to be conducted shall include:
1. Collect detailed topographic information for selected
areas of the watershed.
2. Develop a hydrologic computer model for Long Lake.
3. Develop a hydrologic computer model for Lake McKusik.
4. Modify the existing Browns Creek model with additional
5.
storage and discharge data.
Analyze downstream capacity of the outlet or storm sewer
6.
from McKusik Lake to determine available capacity.
Analyze the possibility of directing Browns Creek flow ~
1/&
Lake McKusfi.
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7.
Install a temporary flow monitoring station at the Long
Lake Outlet
Two copies of the preliminary and final study report shall be
submitted to the DNR.
II. GRANT
The state shall pay up to $20,000.00 for the Work. The
state share shall not exceed the City share of project costs.
Payments to the City by the state will be made as invoices are
submitted by the City evidencing payment made for expenses
incurred.
Invoices will be submitted for double the requested
amount to demonstrate both the local and state share. All billings
shall first be sent to Area Hydrologist Molly Shodeen, DNR -
Division of Waters, 1200 Warner Road, st. Paul, MN 55106 for review
and approval.
III. SPECIAL PROVISIONS
A. PROCUREMENT
The City shall follow all applicable laws in the
procurement of goods and services for the Work performed under this
Agreement.
B. NONDISCRIMINATION
1. The city and its agents and contractors in the
performance under this Agreement shall not engage in any
discriminatory employment practices and shall in all respects
comply with Minnesota statute, Chapter 363, Section 181.59 (1988)
and all applicable rules and subsequent amendments thereto.
Minnesota Statute Section 181.59 provides:
Every contract for or on behalf of the State of
Minnesota, or any City, for materials, supplies or
construction shall contain provisions by which the
City or contractor agrees:
(a) That, in the hiring of common or skilled labor
for the performance of any work under any contract, or
any subcontract, no contractor, material supplier or
vendor shall, by reason of race, creed or color
discriminate against the person or persons who are
citizens of the United States or resident aliens who
are qualified and available to perform the work to
which the employment relates;
(b) That no contractor, material supplier or vendor
shall, in any manner, discriminate against, intimidate
or prevent the employment of any person or persons
identified by clause (1) of this section from the
performance of work under any contract on account of
race, creed or color;
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(c) That a violation of Minnesota statutes 181.59
is a misdemeanor;
(d) That this Agreement may be cancelled or
terminated by the state or city or any other person
authorized to grant the contracts for employment, and
all money due, or to become due hereunder may be
forfeited for violation of the terms or conditions of
this Agreement or contract made pursuant thereto.
2. Use of Project Facilities
The City and its agents and contractors in the
operation of the project shall not deny any person the full and
equal enj oyment of its services, facili ties and accommodations
because of race, color, creed, religion, disability, national
origin or sex, and shall comply in all other respects with
Minnesota statue Section 363.03 (1988) and all applicable rules and
subsequent amendments thereto.
c. PREVAILING WAGES
1. To the extent that the Work assisted in this
Agreement constitutes a "project" within the meaning of Minnesota
Statute 177.42, Subd. 2 (1988), the prevailing wage provisions of
Minnesota Statutes 177.41-177.43 (1988) shall apply. Therefore,
the city agrees to include in any contract it may enter into for
work qualifying as a project, which is funded in whole or part by
this grant, the following terms required by Minnesota Statute
177.43, Subd. 1.:
(a) No laborer or mechanic employed directly on
the project work site by the contractor or any
subcontractor, agent or other person doing or
contracting to do all or a part of the work of the
proj ect, is permi tted or required to work more
hours than the prevailing hours of labor unless
paid for all hours in excess of the prevailing
hours at a rate of at least 1-1/2 times the hourly
basic rate of pay; and
(b) A laborer or mechanic may not be paid a
lesser rate of wages than the prevailing wage rate
in the same or most similar trade or occupation in
the area.
2. Minnesota statutes 177.41-177.43 do not apply to
wage rates and hours of employment of laborers or mechanics who
process or manufacture materials or products or to the delivery of
materials or products by or for commercial establishments which
have a fixed place of business from which they regularly supply
processed or manufactured materials or products.
3. Minnesota statutes 177.41-177.43 do apply to
laborers or mechanics who deliver mineral aggregate such as sand,
gravel or stone which is incorporated into the work under the
contract by depositing the material substantially in place,
directly or through spreaders, from the transporting vehicle.
4. The City agrees to conform with the provisions of
Minnesota statute 177.43, Subd. 3, which requires that any contract
for a project which is funded in whole or part by this grant must
specifically state the prevailing hours of labor and hourly basic
rates of pay.
5. The City shall obtain the proper rate from the
Department of Labor and Industry. If necessary, the city or its
contractor shall assist in obtaining decisions on missing or
incorrect rates. If the Department of Labor and Industry has not
promulgated a wage rate for a particular trade, the contractor is
nevertheless responsible for paying the prevailing wage rate of the
trade in question.
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6. Minnesota statute 177.43, Subd. 5, provides that
if a contractor, subcontractor or agent pays any laborer, worker or
mechanic employed directly on the project site a lesser wage for
work done under the contract than the prevailing wage rate is
guilty of a misdemeanor. Each day that the violation continues is
a separate offense. Each agent or subcontractor shall furnish to
the contractor and ci ty evidence of compliance with Minnesota
statute 177.43.
7. Nothing in this Agreement shall be construed as
prohibiting the contractor or subcontractor from paying the
negotiated wage rate provided it is higher than the prevailing wage
rate.
8. Minnesota statutes 177.41-177.43 do not apply to
this Agreement or work performed pursuant thereto under which:
(a) the estimated total cost of completing the
project is less than $2,500 and only one trade or
occupation is required to complete it, or
(b) the estimated total cost of completing the
project is less than $25,000 and more than one
trade or occupation is required to complete it.
9. The City understands that the Department of Labor
and Industry enforces Minnesota statute 177.43. The Department may
demand and the City and its contractors and subcontractors must
furnish to the Department copies of any and all payrolls and all
records relating to wages paid laborers or mechanics on work to
which Minnesota statutes 177.41-177.44 apply.
D. ACCOUNTING AND AUDIT
The City shall maintain books, records, documents and
other evidence pertaining to the costs and expense of implementing
the Agreement to the extent, and in such detail, and will
accurately reflect all net costs, direct and indirect, of labor,
...
materials, equipment, supplies, services and other costs and
expenses of whatever nature. The City shall use generally accepted
accounting principles. All records shall be retained for six years
after submission of the planning work provided for in this
Agreement to the state. The Commissioner, his representative or
the legislative auditor shall have the right to examine books,
records, documents and other evidence, and accounting procedures
and practices, sufficient to reflect properly all direct and
indirect costs. The City shall make available at the office at all
reasonable times and before and during the period of records
retention proper facilities for such examination and audit.
E. INDEMNIFY AND HOLD HARMLESS
The City agrees to indemnify and save and hold the State,
its agents and employees harmless from any and all claims or causes
of action arising from performance of the Agreement by the City,
its agents, contractors or employees. This clause shall not be
construed to bar any legal remedies the City may have for the
State's failure to fulfill its obligations pursuant to this
Agreement.
F. ANTI-TRUST PROVISION
The City hereby assigns to the State of Minnesota any and
all claims for overcharges as to goods and/or services provided in
connection with this Agreement resulting from antitrust violations
which arise under the antitrust laws of the United States and the
antitrust laws of the State of Minnesota.
IV. TERM
This Agreement shall become effective when all signatures
required have been obtained and when the funds have been
encumbered, and shall continue in effect until the authorized work
is completed or until April 30, 1998, whichever is earlier.
This Agreement may be amended in writing from time to time
by the mutual agreement of the State and the City.
-
e
.)
v.
TERMINATION
The state may terminate this Agreement "with cause".
_ "with cause" shall mean that the city is not performing the Work in
accordance with the terms of the Agreement or the Work is not being
performed to the satisfaction of the state. If this Agreement is
so terminated, the state shall only be liable to pay for 50% of the
Work found acceptable.
In the event of termination of this Agreement as
heretofore provided, the city shall have seven (7) days prior
written notice and if the Agreement is being terminated "with
cause" the city shall have until the date of termination to show
cause why the Agreement should not be terminated.
If it is
determined by the state that the city's default was beyond its
control or it was not otherwise in default, the Agreement shall not
be terminated.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement intending to be bound.
CITY OF STILLWATER
As to form and execution by the
ATTORNEY GENERAL
BY:
Mayor
BY:
DATE:
TITLE:
DATE:
BY:
City Clerk
STATE AGENCY OR DEPARTMENT
BY:
A.. TITLE:
DATE:
DATE:
e
STAFF REQUEST ITEM
DEPARTMENT
Parks
MEETING DATE Dec. 17- 1996
--
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Stephen R. Wicker has succe~sfully ~ompl~t~d hi~ six
months probation period with the Citys Parks Dept. on Dec.
10th 1996. I request the City of Stillwater hire Stephen R.
Wicker as a full time employee as of Dec. 11th 1996.
Stephen is an e/Ce,.el1 ~nt. r1nc'l ontst:?lnc'li n~ pm!" nypp In the past
six months of employment he has never been late or missed
any time from work. Stephen will do what he is told or
asked to do on the job with no pron'pm~_
FINANCIAL I1v1PACT <.Briefly outline the costs, if any, that are associated with this request and
. the proposed source of the funds needed to fund the request)
-......
Budgeted for under full time employment 1996
ADDITIONAL INFORMATION ATTACHED
YES
NO V-
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MlNlMUM OF FIVE WORKJNG DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL lvL~\.TERIAL PACKET.
SUBMITTED BY
~.~
--
DATE Deel /1- /9 ?v
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. .:~;.. ...~.:. ,-..;~,,, .:
-
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RESOLUTION NO. 96-
APPROVING PERMANENT EMPLOYMENT OF STEPHEN WICKER
AS LABORER/MAINTENANCE WORKER
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent full-time
employment of Stephen Wicker as LaborerIMaintenance Worker from and after December 11,
1996, having served a probationary period of six months, is hereby approved.
Adopted by Council this 17th day of December, 1996.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
STAFF REQUEST ITEM
DEPARTMENT
Parks
NfEETINGDATE Dee. 17-1996
-
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to hire the followinq people for Warrninq House
Attendants.
Christopher G Diethert $6.75 an Hr.
Dean E Carlstrom $6.25 an Hr.
Justin A Funk $fl.()() rln Hr.
Starting date of Dec. 7.()t.n- lqqfl if weat.ner pprmit.R
..
. .
FINANCIAL IlvlPACT tBriefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
~
Budqeted for under part time emploYPp.R for lqqn rlnn lqq7
ADDITIONAL INFORMATION A TIACHED
YES
NO~
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL W..TERIAL PACKET.
SUBIv1lTIED BY ~ ~
--- DA IE [)ec. I {- s;- &
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.-""fi,iJi.I~:';';;':,,,,"~_.
RESOLUTION NO. 96-
APPROVING TEMPORARY EMPLOYMENT OF
DEAN CARLSTROM, mSTIN FUNK, AND CHRISTOPHER DIETHERT
AS WARMING HOUSE ATTENDANTS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
temporary employment of Christopher Diethert, Dean Carlstrom, and Justin Funk as Warming
House Attendants, from and after December 20, 1996, is hereby approved; and that as
compensation for services as follows:
Christopher Diethert $6.75 per hour
Dean E. Carlstrom $6.25 per hour
Justin A. Funk $6.00 per hour
Adopted by the Council this 17th day of December, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
--,"'~'.. '__;E~:':"
STAFF REQUEST ITEM
DEPARTMENT Parks
MEETING DATE Dec. 17- 1996
-
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to hire Daniel Crimmins as A labor Maintenance worker
for the pa~ks Dept.. Dan has worked part time for the City
for the past S+:years. Dan knows all our Parks-City Streets
and Sewer Dept. functions. The City has advertised in the
sprinq of 1996 for this position and it was also posted in
house till Dec. 11th-1996.
Hire date for this position will bp ~~n. ?nn 1997 ~t thp
rate of $11.66 an Hr.
Dan is a Stillwater resident
FWANCIAL I1v1PACT ("Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
-.....
Budqeted for under full time employment for 1997
ADDITIONAL INFORMATION A IT ACHED
YES
.NO /
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO TIrE CITY CLERK A
MINIMUM OF FIVE WORKlNG DAYS PRIOR TO TIIE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBiv1ITfEDBY c-L' ...;L/?-.?~ DATE /lc: /.:).-;:; ~
-I
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RESOLUTION NO. 96-
APPROVING FULL-TIME EMPLOYMENT OF
DANIEL CRIMMENS AS LABORERlMAINTENANCE WORKER
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full-
time employment of Daniel Crimmins as Laborer/Maintenance Worker, from and after
January 2, 1997, for a probationary period of six months, is hereby approved; and that as
compensation for services the said Daniel Crimmens shall receive the sum of $11.66 per hour
together with all other benefits of City employment.
Adopted by the Council this 17th day of December, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
.. ._-.'-_.....,.-.."~---._.:.""
- - . . .
STAFF REQUEST ITEM
DEPARTMENT Parks
MEETINGDATE Dec. 17 - 1996
e
DESCRIPTION OF REQUEST (Briefly outline what the request is)
The stillwater Elks Lodqe Na.179 B.P.O.E. Has Donated $lJ65.88
. I
to the Stillwater Parks Dept. for A Skid Steer Loader Trailer
so we can halll our lot=lnpr +0 ;:Inn frolT1 the job site rt=lthpr than
driving it. .
.
Request to purchase thp trt=lilpr .from Top Tr;:lilpr in Fo~es+
Lake Minn. I called around to RPP who h;:ln thp hpst prirPR
for what we needed;and To~ Trailer has just what we need
for the best price.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
-.........
The Stillwater Elks Paid for the whole thing. Tnpir will
be No cost to the City for this trailer.
ADDITIONAL INFORMATION ATTACHED
YES / NO_
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO TIffi CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY ~. ~--
DATE ~ //- ?~
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l~OP TRAILERS
~3710 GOOOVIEW CIHCLE N.
rOHE$T LAKE. MN 55025
(61~) 404-.2438 . FA)( (812) 464--2241
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.' ELKS 179
GAMBLING ACCOUNT
P.O. BOX 589 351.0593
STILLWATER. MN 55082
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EXPLANATION
75-1522/910
AMOUNT
5329
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CHECK
AMOUNT
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FIRSTAR BANK OF MINNESOTA, N.A.
STillWATER OFFICE (612) 784-5100
. __ ., 213 E. CHESTNUT. STILLWATER, MN U
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DONALD L. BEBERG
CHIEF OF POLICE
iIlwater
~ ~
THE BIRTHPLACE OF MINNESOfA
TIMOTHY J. BELL
CAPTAIN
e
POLICE DEPARTMENT
M E MaR AND U M
DATE:
DECEMBER 13, 1996
TO:
MAYOR KIMBLE AND CITY COUNCIL
FROM:
D.L. BEBERG, CHIEF OF POLICE
RE:
PERSONNEL HIRING IN 1997
CONSENT AGENDA ITEM
PROVIDED THE MAYOR AND COUNCIL PASS THE 1997 BUDGET AS IT
CURRENTLY IS, THE POLICE DEPARTMENT WAS ALLOCATED THE MONEY AND GIVEN
PERMISSION TO HIRE 4 PART-TIME POLICE .OFFICERS EFFECTIVE THE FIRST OF
1997 AND 1 FULL-TIME POLICE OFFICER WITH A STARTING DATE OF APRIL 1,
1997.
I AM REQUESTING PERMISSION TO START THE HIRING PROCESS FOR THESE 5
PEOPLE.
96-55
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212 North Fourth Street, Stillwater, Minnesota 55082
Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456
Police Response I Assistance: 911
;'''':"''~:;--':;;~~.::--~
MEMORANDUM
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TO: Mayor and City Council
FR: City Coordinator
RE: City Coordinator's Compensation for 1996
DA: December 13,1996
Discussion:
I am requesting that the Council approve my salary for 1996 (1/1/96 - 12/31/96). The salary
requested, $60,770J is 3% over the 1995 salary. This item is listed under the consent agenda.
Recommendation:
Approve 1996 salary for City Coordinator per attached resolution.
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RESOLUTION NO. 96-
APPROVING COMPENSATION
FOR CITY COORDINATOR
BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that effective
January 1, 1996, Nile L. Kriesel, City Coordinator, shall receive a salary of $60,770.00 for the
year ended December 31, 1996.
Adopted by the Council this 17th day of December, 1996.
Jay L. Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Proposal Request #20 and A V CO #3
DA: December 13, 1996
Discussion:
Accompanying this memo are Proposal Request #20 and Audio Visual Change Order #3 (along
with supporting documentation). I have also included an update of the construction costs. The
A V Change Order is to substitute headphone set to replace one that is no longer available.
Recommendation:
Approve Proposal Request No. 20 and A V Change Order No.3.
//4 .L-Le
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CITY HALL PROJECT
CONSTRUCTION COST UPDATE
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December 17,1996
Original Cost Estimate
General Construction
Other
Contingency
Total Original Estimate
$3,238,512
676,132
161.925
$4.076.569
******************************************************************************
Current Estimate
General Construction:
Base bid-
Additions-
Approved change orders-
No.1
No.2 (PR Ithru 8)
No.3 (pR 9)
No.4 (pR 10)
No.5 (pR 11-12)
No.6 (pR 13)
No.7 (PR 14-16)
No.8 (PR 17-19)
AV#1
AV#2
AV#3
5,500
22,426
32,120
2,151
20,158
9,487
9,728
9,296
550
555
-0
Pending change orders-
PR #20
Fire Station exhaust
Total pending
*(165)
**56.748
Total Additions
Total General Construction
Other:
Owners Construction Items- (Schedule A)
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Total Current Estimate
* Recommended for approval this meeting (12/17/96).
** To be determined at a later date.
. . '''..,....."..;~--..>'';'"...;'''-c.:.;.
$ 3.238.512
111.971
56.583
168.554
3,407,066
689.742
$ 4.096.808
SCHEDULE A
OWNERS CONSTRUCTION ITEMS
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Ori~inal Estimate Current Estimate
State surcharge 3,500 1,300
SAC/WAC 3,000
Water hook-up fees 500
Site survey 1,300 1,300
Soil tests 1,632 1,632
Concrete testing 10,000 10,000
Janitorial clean-up 1,000 1 ,000
Builder's Risk insurance 4,200 2,834
Asbestos removal 25,000 29,676
Furniture 66,000 70,000
Audio/visual 90,000 110,000
Rental and storage 10,000 5,000
Architectural 410,000 407,000
Bonding/financing 50.000 50.000
Total 676.132 689.742
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PR ~ ~o
.Ra~'m).45: provideone (1) four-way switch on west wall near door 1488, tie this
. . ~~h/nIO lighting for this room. - 7n.. ,;i;u, + -3 / 00 ~
(Add) . .' $
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~.rigi"aled by Approval
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~~"20-1 O.lnstall a fire alarm heat detector in the elevator pit and in the elevator equipment room.
Detector shall be located within 12" of the sprinkler head with auxiliary contact
hardwired to shunt trip breaker in elevator equipment room. - .,7rLS::t /"\-0 ~
(Add)~ $ -I- /04>0 -
Originated by Approval
20-11. Delete the 200 amp non-fused disconnect switch for the elevator. Install a 175 amp
shunt trip breaker with a 120 volt coil for heat detectors circuit. When the heat
detectors sense heat at 1350, this will cause the coil to open the breaker and
disconnect electrical power to ,the elevator. 120 volt power for the coil shall be obtained
from panel ELP-10. - ~~
(Add)~ $ -I- fII-'10~
Originated by Approval
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20-12. Two sprinkler tamper switches, one controls the sprinkler head in the elevator pit, and
one controls the sprinkler head in the elevator equipment room. Connect these
SWi~_~~e a.!?r~st~uCh that a trouble alarm will sound if switch is c~sed.
(Add)~~ $ rf- ;1.'-1 7-
Originated by Approval
20-13. Furnish temporary power for the elevator from~-02 until existing 200 amp switch in
existing NDP-01 becomes available. - 7Yl..~ .#
$L~ 040-3
(Add)(Deduct)(No Change) . $
Originated by Approval
Attachments: None
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END PROPOSAL REQUEST 20
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s.. hul. MiM:1OU "101
.1: 612 m.3701
w 612 2n-8961
BWBR No. 9,057.Q\
6-101"".96
PR 20- Po" 3
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P t2 ..ft- Lo C L 0 IJ ti~ lJ l3'lJ )
20-1. Replace specified mortise Jocksets and cylinders with heavy duty cylindricallocksets
with Monroe Lever Design at ope{lings 127,128, 141A, 159, 1.2,9A,.172n402, 219, 222
and 2248. G-l.A....D (~A.J - ~c..u>u.fi:- t. ~'-U~ ~
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(Add)~t~ . $ + gC?c;p-
Originated by Approval
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20-2. Replace doors 128 pnd 1 ~9 with solid 90re doors (no Iquver). l:rans9m ~nel above to
remain (c;~f...~~) - ~.Lf:..J-Uwc..... l ~~ 1
(Add)~ $ ..;- 9l!4~
Originated by Approval
20-3. Provide temporary power to elevator from panel NDP-01. Existing panel NDP-01 cir;~
to be used is presently in use and cannot be used until third floor is occupied. - TTL /"t..a
(Add)~~~ $ -f b2.::z~
Originated by Approval
20-4. Furnish and install 3/4" RPZ valve on water fill to existing ~i~e~reqUired by code.
Include isolation valves for backflow preventer. - ~ ~u..A-
(Add)~ ... $+7;24~
Originated by Code Approval
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20-5. Issue credit or additional cost for the difference between appliance allowance and
,actual cost. GU/O " DO
~(Deduct)~ $ - / to 3;(, -
Originated by ._n .-' Approval
20-6. Issue credit or additional cost for difference between allowance and actual cost or
markerboard and tackboards. G [,I...J(C1 : ee
~(Deduct)~ $ - {'1374--
Originated by Approval
20-7. Issue credit or additional cost for difference between allowance and actual cost of clock.
~(Deduct~ G~ $ - /L/ 7~
Originated by Approval
20-8. Replace garage door 119 with new door. RQpl~(Q eabdlOII lillil.. 0""'51 at'..! 1 l..., Illislkll 11';1'"
OPOl.ltOI Pi o. idod .1t dOOI 11 G. ~t:^:,-r>-,.e. o8-<JoA-
(Add)~ $ -I- /5 (J &!!'E.
Originated by Approval
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SL Palli. MianoIClla 55101
..I: 612 ~.3701
ru 612 ~-8961
BWBR No. 95057.01
6-Nov.96
PR 20- Page 1
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Extern.r BUllng: [jJ Intorna' Blllltlll: 0
Job Name: fj 1/ w;" H V' (0 IA..~ ( I C "t- yt.-" Q {~ j
Customer: Cr~ "J f ,II w..../-cv
Title of Change: c.h.c.. "" 7.( "t fA I {l Au h. , r
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Rev.#: :3 J
Customer No.: 8/55 /:,
Date: I'Ll Lflq 6
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({) 7p\U<2s.h'I ,H- P ~ ~::t 0 L Cf3 10" ('I~ 10"
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Subtotal Equipment " _0 .--
Add Sales/Ule Tax
Add Shipping
tOTAL EQUIPMENT
EQUIPMENT CHANGES . Sales Contract #' S'f{q 8r
UNIT
PRICE
DESCRIPTION
AMOUNt
OTY
r IMPLEMENTATION CHAN=GES . Job #
PHASE UNIT PRICE
# QlY DESCRIPTION OR RATE
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AMOUNT
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Subtotal Imprementalion Changes
Add /(Deduct) Total Equipment & Implementatlon E
Total Contract Before this Change Order ___
, " TOTAL, REVISED CONTRACT .
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APPROVAL
CIj$TOME~
By: ___'
D.ate:
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Ray Voss "
.I AUdiovisual Systems Inc.
6253 Bury Drive .'\.
Eden Prairie, MN 55346
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December 4, 1996
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Nile Kriesel' ... ..,
City of Stillwater ...
216 N. Fourth Street
Stillwater . MN 55082
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Re: Change Order #3
Dear Nile:
In the specifications for your Council Chambers system, a pair of headphones, the
Tascam THP-220 was included. This unit has been on back order for some time and
T~~.c~~_ h~s..no\\'Jnformed us that the headphone~. h~:,e now b~~.n discontinued. . ... ';.
. Therefore, enclosed is a ohange order we are processing substituting the higher quality. .
Beyer Dynamic ~T-112. headphones at the same price as the original Tascam unit. ..
Please let me know if this does not meet with your approval.
Thanks.
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6253 Bury Drive EdenPrairie,MN55346.1720 Tel.612.940-3700 Fax 612.949.6000 AIlEQI.IlI100c0t1unitvEmoklvd(
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RESOLUTION NO. 96-
APPROVAL OF CHANGE ORDER NO.3
CITY HALL BUILDING PROJECT
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, that Change Order No.3, A VI Systems, attached as Exhibit A, is hereby
approved; and the appropriate councilmember and staff are hereby authorized to sign the
necessary forms.
Adopted by Council this 17th day of December, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
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STAFF REQUEST ITEM
DEPARTMENT: Public Works
DATE: December 13, 1996
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Purchase of sewer TV inspection system.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this
request and the proposed source of the funds needed to fund the request)
Quotes were received from the following firms:
I nfratech
Buchen SIS Inc
RS Technical Services
$ 14,739.60
$ 45,000 to $50,000
$ 17,000 approx.
Funds are available in the sewer capital outlay budget.
Due to savings in consulting services, this unit will pay for itself in two to three years.
ADDITIONAL INFORMATION ATTACHED
YES X
NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETI~NG IN ORDER TO BE PLACED IN THE COUNCIL
MATERIAL PACKET. I Jh-
SUBMITTED BY ~ - DATE / 2. - /3 ~ i b
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Predato~ Camera Head
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The Predato~ is (1. reliable and easy-to-use color inspection systemfor 3" through 12" sewer lines.
Televising mainline sewers and underground service connections is a snap u.sing this state-of-the-art
system.
Imagine viewing a crisp, color picture of pipes, ducts, well casings, etc. and then bei~g able to record
what you see. The Predato~ comes standard with a built-in VHS recorder as well as 200' of video push
cable and a 7" high resolution color monitor: A variety of options including longer cable lengths,
digital footage and a keyboard are available with this system, too.
When you own The Predato~, you can do just about tJ:..nything! You can inspect pipelines up to 48" in
diameter using a mainline skid or a tractor assembly. You can attach a Chase~ camera head to The
Predaro~'s video cable/or televising in black and white. You can power The Marc mini camera with
The Predarorli>'s power control unit for your smaller applications: As a completely versatile system, The
Predato~ wiU adapt to_ all of these situations making it your most cost-effective investment.
The components in The Predatorv are lightweight onli portable. Like all of UEMSl's mini cameras, The At
PredalofN can operate on either AC or DC power and is covered under a one-year warranty. ...
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MEMORANDUM
TO:
Mayor and City Council
Diane Deblon, Finance Director ~)0
December 12, 1996
FROM:
DATE:
SUBJECT:
Senior Account Clerk
BACKGROUND
Included in the 1997 Budget is a Senior Account Clerk position with a February
1, 1997 start date. We need to begin the process now to have a recommendation
to Council for the position at your February 4, 1997 meeting. Attached is a
preliminary position description. .
RECOMMENDATION
City Council approval to begin the hiring and selection process for the Senior
Account Clerk position.
POSITION DESCRIPTION
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POSITION TITLE: Senior Account Clerk
DEPARTMENT: Finance
ACCOUNTABLE TO: Finance Director
POSITIONS SUPERVISED: None
PRIMARY OBJECTIVE
Perform detailed clerical and accounting work in the areas of general
accounting, accounts receivable, budget,
ESSENTIAL FUNCTIONS
Maintain a current chart of accounts, updating as necessary.
Reconcile monthly bank statements for the regular account and the payroll
account.
Prepare and input monthly journal entries into the computerized financial
accounting system. Process month-end closing. Circulates monthly reports to
departments.
Maintain miscellaneous accounts receivable and billing.
Reconcile sales/use tax accounts and prepare monthly sales/use tax report to
be remitted to the State of Minnesota.
Maintain and update fixed asset system throughout the year including
additions, deletions, improvements, and depreciation. Reconcile the fixed
asset subsidiary ledger to the general ledger. Prepare year-end reports.
Compute compensated absences in the preparation of year-end closing.
Prepare wage and benefit projections for the annual budget.
Input information and changes for the City's annual budget. Prepare budget
book at the end of the budget process.
Reconcile and prepare quarterly building permit surcharge report and remit to
the State of Minnesota.
Research and prepare portions of the statistical section of the Comprehensive
Annual Financial Report.
Prepares and maintains employee benefit accrual/use balances and generates
monthly reports.
-
Coordinates handling of NSF (nonsufficient funds) checks.
~ Ability to establish and maintain effective working relations with others.
Assists in other financial and accounting functions as directed and apparent.
QUALIFICATION REQUIREMENTS
To perform this job successfully, an individual must be able to perform each
essential duty satisfactorily. The requirements listed below are
representative of the knowledge, skill and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform
the essential functions.
MINIMUM EDUCATION A\~ EXPERIENCE
Graduation form High School and one year of post-secondary training in
accounting or business.
Knowledge of and recent experience in governmental accounting procedures.
Working knowledge of and recent experience with a computerized accounting
system required.
Working knowledge of and considerable experience with Lotus 1-2-3 and
WordPerfect required.
Working knowledge of and experience with System 36 computer system desired.
~~OWLEDGE, ABILITIES A\~ SKILLS
Knowledge of government accounting principles and practices.
Ability to work effectively under pressure created by constant varying and
conflicting demands and deadlines.
Ability to assess problems and follow through to a successful conclusion.
Ability to establish priorities and adjust workload on a daily basis.
Ability to show organization in completing work assignments and maintaining
department records.
Working knowledge of main frame and personal computer.
Demonstrated knowledge of office practices and procedures and excellent
mathematical ability.
Proficient in the operation of ten-key adding machine, typewriter and computer
~ input.
General understanding of a computer based financial accounting system.
Demonstrated ability to identify, initiate and carry out tasks independently.
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Ability to understand and carry out moderately complex oral and written
instructions.
Proven ability to effectively communicate, orally and in writing.
Ability to work effectively with other employees, vendors and agencies.
SPECIAL REQUIREME~~S
None.
TOOLS AND EQUIPMENT USED
Personal computer including word processing software, spreadsheet software,
copy machine, fax machine, postage machine, lO-key calculator, and common
office equipment.
PHYSICAL DEMfu\~S
The physical demands described here are representative of those that must be
met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities
to perform the essential functions.
While performing the duties of this job, the employee is frequently required to
sit and talk or hear, use hands to finger, handle, feel or operate objects,
tools, or controls and reach with hands and arms. The employee is
occasionally required to walk.
The employee must occasionally lift and/or move up to 25 pounds. Specific
vision abilities are required by this job include close vision and the ability to
adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of
those employee encounters while performing the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities
to perform the essential functions.
The noise level in the work environment is usually quiet.
EXAMPLES OF PERFORMANCE CRITERIA
Establishes effective working relationships with others.
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Carries out assignments and duties under limited supervision.
Improves efficiency of assigned duties.
Work product (reports, spreadsheets, ledgers, etc.) are generally free of
errors and completed/updated in a timely manner.
SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and
reference check; and job related tests may be required.
The duties listed above are intended only as illustration of the various types
of work that may be performed. The omission of specific statements of duties
does not exclude them from the position if the work is similar, related or
logical assignment to the position.
The job description does not constitute an employment agreement between the
employer and employee and is subject to change by the employer as the needs
of the employer and requirements of the job change.
.
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~~";;..
City of Stillwater
Memorandum
To:
City Council
From: Nile Kriesel
Date: December 13, 1996
Re: Capital equipment purchase request
The Administration department has been researching the purchase of a new photocopier--
budgeted as a capital outlay expense for the year 1996. After reviewing proposals for several
different machines, staffhas concluded that the following copier would best meet the needs of
the Administration and Finance departments:
Mita DC-6590 - 65 copies per minute, 2 hole punch!3 hole punch, 5,000 sheet capacity,
sensor options including automatic original size detection, special photograph
reproduction mode, runs transparencies and hard copies simultaneously, photocopies
mixed single/double spaced jobs, computer pre-programs up to seven copy jobs.
The speed and available options on this copier should enhance office function and productivity.
Staff has also been advised that, compared to most other photocopier lines, the Mita has a better
reputation for both high capacity and long terin reliability. Since the City is entering into a
purchase rather than a lease agreement, the Mita copier appears to represent a better value.
Recommendation
Council approval of the purchase of the Mita photocopier, for a total cost $18,425.
#P~
STAFF REQUEST ITEM
DEPARTMENT: Administration
DATE: December 13, 1996
.
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Purchase of reconditioned automatic mail machine - 10 lb. electronic scale - interfaced
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this
request and the proposed source of the funds needed to fund the request)
$1,695.00 + $110.18 (tax) = $1,805.18
There will be $1,575.00 remaining the amount budgeted for a copy machine. It is
requested to use the remaining funds for the purchase of the mail machine. Finance
Director Deblon has requested that we investigate the possibility of getting a trade-in
amount for our current mail machine. We are in the process of acquiring this
information.
ADDITIONAL INFORMATION ATTACHED
YES X
NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL
MATERIAL PACKET.
SUBMITTED BY ~&::' 11 J,J}dJ~
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ES80/ES90 Automatic Mailing Systems..,Large System Productivity At An Affordable Pricel
E580/E590 Mailing Systems offer a highly productive mall
processing package 10 companies faced with steadily
increasing workloads. Both come complete with features
commonly found in larger systems.
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The E580, with pre-cut,
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array of other convenient features are available for optimum
productivity -- accurale electronic weighing and rate sh0p-
ping, scale-to-meter interface. versatile metering solutions
and extensive accounting capability.
The systems are fast. processing up to 150 envelopes per
minute. and you can process mail up to 3/8' thick. Each
system has our exclusive POSTAGE 8Y f'H()NE- Meier Reset-
ting feature enabling you to fill the meter with postage from
your office with a tOIl.free, 9O-second phone call, or you
can use an optional modem, All in a sleek, contemporary
design that will fit right into your office.
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E580/E590 Systems efficiently process parcels.
. Choose the strip tapes of the E580 or water-soluble
roll tapes of the E590.
. Use the automatic scale-to-meter selling feature to
pnntthe precise amollnt of postage every lime,
. Sel the meter to print multiple tapes of the same
Olm0lllination.
A unique combination of processing efficiency and terrific value for a growing business!
.Aufometic Processing - feeding, sealing, metering In
one smooth operation.
. Mixed Size Feeding - feed multiple slze envelopes In
a single stream. as long as the postage rate Is the
same for each one.
. Sure SeaHng - our exclusive Nomex" process creates
a positive, even seal- everytlme.
. .Extendable' Side Guide - process large, flat mall
such as g' x 12' envelopes easily and smoothly.
. Sealing Without Metering - .Seal-Only" mode to
conveniently and quickly handle payroll and other
internal communications.
. Versatility - the E58O/E590 processes a wide variety
of mafflng materials, from postcards to 10' x f3'
envelopes.
. Automatic Meter Setting - you can set the meter,
from the scale, to automatically print correct postage.
. Oulet - E580/E590 Systems are built solidly to run
quietly. And a sansor turns the system 'off' after
letters are fed and processed.
. Simple Upkeep - E580/E590 Systems are easy to
maintaIn -- the Water Level Indicator shows when it's
time for a refill and there's a neat, snap-in/snap-out
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Celtlmllztd Elre/ronle Conlrol Panel
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Flexible Metering Systems Save Time
E58O/E590 Systems offer a cholca of meters with features
that meet your specific needs. ~,~
. POSTAGE BY f'H()NE- resetting virtually : S~
eliminates Post OffIce trips by enabl- ~ .::,...: I'
Ing you to flU your meter in less than "'''~.
90 seconds with a toll-free call.
. Meters that track postage by accounts help you control
and manage mailing budgets.
. Meters with features such as Postage Value and Soft
Touch Keys help to reduce processing tima and
increasa operator accuracy and efficiency.
Precise, Electronic Weighing Saves Money
Tha 8510 8ectronic Scale complements the E580/E590
Systems with features that Impact your bottom line.
. Save On Postage - according to Independent surveys.
accurate electronic weighing can save you up to 20%
on postaga by eliminating costly overpayments.
. Get The Best Rate - the 8510 has postal and express
service rates built-in, This allows you to select the most
cost-effICient routing for (Nery piece of mail you send,
. Track Accounts And Apply Chargebacks - the optional
accounting function of the 8510 tracks costs and helps
you account and manage mailing expenses.
. Rafe Convetsions - throw those confusing charts away-
get precise Weight- To-Rate Conversions at the push of
a button for First Class, Priority, Third and Fourth Class,
Speclel Delivery. Return ReceIpt. Cerf/flOC/. RegIstered,
Insured, C.O.D.. Express, ZIP"- To-Zone, and private
carrier rates available as an option.
RESOLUfION NO. 96-
DESIGNATION OF DEPOSITORIES FOR 1997
Be It Resolved by the City Council of the City of Stillwater, Minnesota, that
the following are hereby designated as City depositories for the year 1997:
Central Bank
Firstar Bank
Norwest Bank
Norwest Investment Services
First Bank
Piper Jaffray
Merrill Lynch
Dain Bosworth
Adopted by Council this 17th day of December, 1996
Jay Kimble, Mayor
Attest:
City Clerk
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STAFF REQUEST ITEM
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DEPARTMENT Finance MEETING DATE December 17, 1996
OF REQUEST (Briefly outline what the request is)
DESCRIPTION
CD-ROM Drive for an IBM Model 320 Computer
$294.00
FIN.~\CIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Included in 1997 Bud~et
ADDITIONAL INFORMATION ATTACHED YES
NO X
ALL COUNCIL REQu~ST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIM1~ OF
FIVE WORKING DAYS PRIOR TO THE ~~XT REGULARLY SCHEDULED COUNCIL MEETING IN
ORDER TO BE PLACED I, T THE COUNCIL MEE NG PACKET.
SUBMITTED BY
DATE December 16. 1997
1-
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Memorandum
e To: Mayor and Council
From: Modi Weldon, City Clerk
Date: December 10, 1996
Subject: 1997 Council Meeting Dates
The regular meeting dates for Council are the first and third Tuesday of each month. One
meeting will need to be rescheduled:
November 4 -
School Board election - (no meetings allowed 6 p.m - 8 p.m.)
Council will need to change either the time of meeting or date.
Following are the dates of the remaining meetings:
January 7 and 21
February 4 and 18
March 4 and 18
April 1 and 15
May 6 and 20
June 3 and 17
July 1 and 15
August 5 and 19
September 2 and 16
October 7 and 21
November 4* and 18 (* Date or time change to be determined)
December 2 and 16
Council direction is requested for the rescheduling of the November 4 meeting.
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1,"""""""',........"...-,..,._.____
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RESOLUTION 96-301
ADOPTING THE FINAL BUDGET FOR THE YEAR 1997
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
1997 with revenues in the amount of $6,222,762 and expenditures in the amount
of $6,252,762.
Adopted by the City Council this 17th day of December, 1996.
Mayor
Attest:
City Clerk
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RESOLUTION 96-302
ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1997
Be it resolved by the City Council of the City of Stillwater, Minnesota, that
sum of $3,941,109 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 1997.
Adopted by the City Council this 17th day of December, 1996.
Mayor
Attest:
City Clerk
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MEMORANDUM
TO:
Mayor and City Council
FR:
Steve Russell, Community Development Director
DA: December 13, 1996
~
RE: CONSTRUCTION MANAGEMENT SERVICES FOR SPORTS COMPLEX
Staff requests city council direction to request a proposal for construction management
services from George Olsen Construction. Because of the tight schedule and
experience working with Georege Olsen Construction, it is recommended that the city
not solicit other proposals. The proposal can be reviewed for completeness and cost
before the city enters into the agreement.
Recommendation: Direct staff to obtain proposal for construction management services
from George Olsen Construction.
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DA:
RE:
MEMORANDUM
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Mayor and City Council 0
Steve Russell, Community Development Director r--
December 13,1996
ARCHITECTURAL SERVICES FOR SPORTS COMPLEX WITH
ANKENY/KELL, STEFAN/LARSON
The contract for services will be presented at meeting time after staff and city attorney
review.
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.
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.
MEMORANDUM
TO:
Mayor and City Council
FR:
Steve Russell, Community Development Director
DA:
December 17, 1996
RE:
ST. CROIX VALLEY SPORTS FACILITY AD HOC COMMITTEE
To assist with design of the St. Croix Valley Sports facility, it is suggested the council
appoint a working committee with the following representation. The committee would
meet as needed (in early design stages, weekly) to provide the architect input into the
programming and design of the facility.
The committee composition is suggested to represent the interests of the users and
contributors.
St. Croix Valley Sports Facility Ad Hoc Committee Members
(2) City Council
(1) St. Croix Valley Sports Facility Commission
(1) Parks Board
(1) Hockey Association
(1) Soccer Association
(1) City Resident
(1) Representative from contributing organizations
ill School District #834
9 members
The Community Development Director, along with other city staff as appropriate, would
attend all meetings.
" '. ...
November 21, 1996
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E &v Consultants and
Construction Managers
FYI
Mayor Jay Kimble and
City Council Members
City of Stillwater
216 North 4th Street
Stillwater, MN 55082-4898
p'".... __.~ o""!f' ,
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RE: Proposed Sports Complex
Construction Management Services
Dear Mayor Kimble and City Council Members:
This morning I spoke with Mr. Steve Russell. He mentioned that you were currently underway with
an ArchitectlEngineer selection process and that the construction delivery method would also be
discussed in the near future. E& V has served as construction managers on the recently completed ice
arena and indoor golf/soccer air supported dome at Woodbury's Bielenberg Sports Complex with
Bonestroo Rosene Anderlik & Associates, the New Hope Ice arena with Bonestroo Rosene Anderlik &
Associates, L.C. Walker Ice Arena with Independent Consulting Engineers and is currently
constructing the Maple Grove Community Center/Ice Arena with Cluts-O'Brien and Delano Erickson
ArchitectslEngineers. E& V is very interested in serving as your CMs for the new St. Croix Valley
Sports Facility.
I understand that the desired occupancy date for your facility is October of 1997. E&V's team of
individuals that served on the Woodbury, New Hope and L.C. Walker Ice Arenas completed those
projects under similar schedule constraints. Ice arenas are unique facilities requiring a proven track
record with their particular mechanical, electrical and structural components. Ultimately it will come
down to the experience and capabilities of the individuals managing the process that will determine
who can best expedite your schedule. CM will allow you to select those individuals.
When considering which construction delivery approach is best for you, please consider the following.
The City will compensate someone to manage the project. Either a general contractor, an Architect
offering a form of "quazzi-CM" service or a construction management firm.
With the general contractor approach, the individuals that will manage your project are procured based
solely on low bid, without regard for qualifications or track record. They are brought on-board after
the design is complete and manage the project with the general contractor's best interests in mind.
Under the general contractor approach, up to 80% of the work is subcontracted to firms other than the
general contractor. A cost mark-up is added to the subcontractor's bid and passed on to the City (see
enclosed examples where CM and general contractor bids were received simultaneously).
With the Architect providing a form of CM, the district would rely solely on the architect for cost
estimates during design. The project may be broken-down into 6 or 8 prime contracts resulting in cost
mark-ups under each prime contracts. Essentially, the City has added I to 2% to the straight general
contractor approach and there is no independent manager of budget and schedule.
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5801 Duluth Street. Suite 345 . Minneapolis, MN 55422
Phone 612/545-1355 . Fax 612/545-1346
Equal Opportunity Employer
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City of Stillwater
November 21, 1996
Page 2
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With CM, the City selects the individuals that will manage the project based on track record and
proven experience. During design, the CM serves as an independent manager of budget and schedule
creating a check and balance with the architect/engineer. Working with the Architect/Engineer, the
CM looks a variety of architectural, structural, mechanical and electrical systems which gives the City
more flexibility and control on how dollars are spent. The CM would break the project into 24 to 30
prime contracts which eliminates cost mark-ups and allows the City to spend those dollars the facility.
For this reason we feel that CM is the most financially advantageous delivery approach available.
CM is not an added layer or cost to your project. CM replaces the administrative role of a general
contractor (not the Architect) and manages your project without the subcontractor cost mark-ups
associated with the general contractor approach. CM is not an added cost to your project since the
administrative fees of a general contractor are simply transferred to the construction management finn.
I hope this infonnation is helpful. Enclosed is a brochure and a list of public clients that E&V has
served. Feel free to contact these individuals for an unbiased opinion of E&V's capabilities. Thank
you for your consideration.
Sincerely,
TANTS AND CONSTRUCTION MANAGERS
L
AS:kkn
cc: Mr. Steve Russell, Community Development Director
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E&V Consultants and
Construction Managers
Construction Costs
COST COMPARISON OF DELIVERY METHODS
Agency Construction Management
General Construction
Management Fees
Construction Contracts
Change Orders
General Conditions!
Construction Support
PLM Bonds
E& V Consultants and
Construction Managers
Management costs plus mark-up for overhead
and profit
No mark-ups on prime contracts. Second and
third tier subcontracts minimized
No mark-ups on prime contracts.
Competitive proposalslbids to Owner without
mark-ups. All savings accrue 100% to Owner
1-1/2% to 3% of contract amount. Provided by
each contractor. CM provides professional
liability insurance in management fees.
Management costs plus mark-
up for overhead and profit
10%:t mark-ups for
subcontracts (subcontracts can
constitute 85% or more of total
project)
15%:t mark ups on
subcontracts
Cost plus mark-ups. Savings
accrue 100% to general
contractor
1-112% to 3% of contract
amount. Provided by general
contractor
Cost Comparison of Delivery Methods
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December 5, 1996
M^SC
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Jay Kimble
Mayor
216 North Fourth
Stillwater, MN 55082
(612) 439-6121
Dear Mr. Kimble
Congratulations on being selected as a Mighty Ducks grant recipient. The
Minnesota Amateur Sports Commission Board of Directors determined that your
application successfully meets the criteria of the Mighty Ducks grant program.
However, due to limited funds the grant is $125 K and is less than your
application request.
At the November 25th commission meeting, the MASC passed a resolution with a
special provision for a select number of grants statewide. This resolution
recognizes that your grant application will have priority consideration for 1997
funding. While this resolution is not a guarantee of additional funding, it will
position your application as a 1997 candidate under the following conditions.
1. The Minnesota Legislature must appropriate adequate funds for all
congressional districts during the 1997 legislative session.
2. Your application is one of eight applications that will receive priority
consideration.
3. You must continue to meet the standard grant contract requirements.
It is anticipated that the MASC will seek an additional $4 million from the 1997
Minnesota Legislature. Due to broad-based support the MASC has received
statewide, the MASC is optimistic that the legislature will continue to fund this
program. If funding is continued, we anticipate an additional round of Mighty
Ducks grant awards to take place in May of 1997.
~8r;;Z;y,., ,"
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Paul D. Erickson
Executive Director; MASC
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MINNESOTA AMATEUR SPORTS COMMISSION
1700 105th Avenue NE. Blaine, Minnesota 55449-4500.612/785-5630. fax 612/785-5699. tdd 612/297-5353
An Equal Opportunity Employer
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Stillwater City Council
Nile Kriesel
Dec. 9. 1996
Dear Mr. Kriesel:
1 wanted to express my great disappointment with the choice of contractors for the new
spons complex in case there is any possibility of having this issue reconsidered. I am sure
any of the potential choices have the capability to do this job. However, from the
perspective of the St. Croix Soccer Club, there was only one of the choices that took the
time to really understand the i'isues involved with putting up a domed facility for indoor
soccer: Bonestroo.
Our board met with their organization several times to provide input to the specific
construction details. Bonestroo brought samples of the various choices of indooor surfaces
so we could get a good idea of what was available. They also did there homework in
interacting with the new Woodbury complex, which has the state of the art surface that
everyone would like Stillwater to clone.
We strongly believe that Bonestoo's bid reflects more accurately the type of facility that is
desired by the Stillwater soccer community and will help bring in additional revenues from
teams outside our area. None of the other contractor's have taken the time to get our input
on the design choices to be made itl this project. Unfonunately, some of the funding
support for this facility may ulso be lost, which will put additional burdens on increased
fees from the families already contributing a fair share to this project. If there is an
opportunity to present information to the Stillwater Council directly, please let me know as
we feel that the personal committment that the Bonestroo organization made to this project
should have been considered more heavily in the vote on this project.
Regards,
~~
Ken Kurttila
St. Croix Soccer Club President
9383 71st. S1. N.
Stillwater, Mn. 55082
704-4135 (w)
426-1192 (h)
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cc: Rich Cummings
CITY OF STILLWATER - NILE KRIESEL
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[lJRGENT INPUT
TO: NILE KRIESEL Y 1,{ - ()Lf [(p
FROM: JOHN :MEL VILLE - CHAIR scse FUNDRASING TEAM
PH: 439-6858 125 NORTHLAND AVE. STILLWATER
DATE: DECEMBER 9, 1996
PAGES: 2 (INCLUDE COVER)
PLEASE REVIEW AS INPUT TO THE SPORTS COMPLEX BIDS
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SPORTS COMPLEX - MULTI-PURPOSE DOME
Dee 9, 1997
REF: Council decision to award design contract to another firm.
As Chair of the St. Croix Soccer Club - Fundraising Committee, I'm sending you this to
express my concern about the council's decision. I personally spent a great deal of time
"selling" the soccer club on supporting the Sports Complex. The club has pledged a
minimum of$100,OOO over 10 years, and my committee is strongly working on funding to
increase that support to $200,000. As a result of the complex including a dome for winter
soccer, other donors have stepped forward - only because the sese program was
covered. I'd hate to see the support erode because of the decision the council made.
Bonestro (sp?) has brought more to the table for our community than a simple design bid.
That fact appears to have been lost in the decision.
. My sales job to the club and other donors was predicated on a particular product - i.e. a
great deal of similarities to the WoodbUlY Dome, with ability for the club to run a program
that fostered fundraising opportunities. I'm very concerned that the people I sold this too
will not get what they heard for two reasons, and would suggest that the council
neglected to include these points in their decision: I would further ask, if it isn't too late,
that the council recognize the mistake and take corrective action.
The first reason is the facility meeting our clubs needs. The firm you selected hasn't got
any experience with constructing a soccer dome. Their recommendations for including the
soccer clubs opinion in the design is lacking in substance. They don't get it! I'd be
concerned about the outcome not meeting expectations. There is a strong comfort in
the same firm designing the product we've selected.
Secondly, I can see a large chunk of donations going away. Bonestro not only brought
design experience to the table, but worked with the conununity on fundraising. What does
that say to other potential partners? I know competitive bidding is necessary to keep
everyone in line, but it isn't the only issue! If we loose the pledge support he brought,
bonding increases. With that the field cost/hour goes up and our fund raising goes down
because the market will only allow certain charges to soccer team users from outside the
valley. We need that fund raising to help the city of Stillwater retain the sese
pledge.
The critical issue for the sese was the challenge of supporting the complex, yet raising
the money we need for an outdoor field complex. If the product changes, and our ability
to commercially use it changes, someone may question supporting it. Our first
responsibility is to the summer outdoor program, secondly to the Dome. I convinced
people that it was in tbe best interest of sese and the children of the valley to support
both programs - don't interject key alterations without fun consideration of all issues.
SHE A
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Buller Square, Sulta 650C
100 North SlxthStraet
Mlnnaapolls, IIN 55403.1513
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6123392257 phona
6123492930 fax
December 4, 1996
Mayor Jay Kimble
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Re:
St. Croix Valley Sports Facility
Dear Jay,
On behalf of our team I would like to extend a thank you for considering us for the St. Croix
Valley Sports Facility project. I would like to commend you in particular for opening the
selection process to qualified firms, and hope that you will continue doing so when possible.
While disappointed not to be selected, as a resident of Stillwater I can take comfort in knowing
that the complex is in capable hands. I have tremendous respect for Duane Kell as a
colleague and believe his firm will do an excellent job for the City. I am sure that the result will
be a building that we will all be proud of.
Once again, thank you for your consideration.
Sincerely,
SHEA ARCH IT
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ARC HIT E C T S, INC.
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MEMORANDUM
TO:
Mayor and City Council
Allen O. Zepper, Building Official ~
FROM:
DATE:
December 10, 1996
SUBJECT:
Construction of Professional Building
Plans were delivered to my office December 9, 1996 and I was asked to issue permits to start the
masonry work to grade immediately. The gentleman wanted to construct the footings, foundations,
end stair towers and elevator shafts at this time.
This is a three story, 30,000 plus square foot professional building. I explained that I cannot issue
a "fast track" permit without council approval and I cannot issue any permits without time given to
Fire, Engineering and myself to review the plans. I believe Planning and Zoning have already seen
the plans submitted, as this has been through Planning Commission and Historic Preservation. I will
verify. Some of the plans submitted are marked "Preliminary" and will have to be resubmitted.
I would recommend council approve a "fast track only" allowing the contractor to bring the building
to grade. I don't see a need to build the stairwells and elevator shafts yet, as it is the below grade
frost that is the major concern. I would also recommend council approval be given subject to city
staff having appropriate time to complete their reviews before issuance.
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HARMONY
RESPECf
DIGNITY
December 10, 1996
Stillwater City Council
216 N. Th St.
Stillwater MN 55082
Dear Council Members,
The Human Rights Commission has been notified that one of our Senior High School members,
Amanda Harrington has resigned due to heavy school and activities obligations. She was
represented at our last meeting by Brock Christensen, a classmate and member ofS.T.A.N.D.
Brock has requested appointment to the Commission to finish out Amanda's term. The
Commission recommends the City Council accept his request for appointment.
Sincerely,
~~
Karen Bergren
Chair, Human Rights Commission
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Stillwater Human Rights Commission · Stillwater City Hall · 216 North Fourth Street · Stillwater, MN 55082
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Amanda Harrington
2399 Helena Ave. N.
Oakdale, MN 55128
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Stillwater Human Rights Commission
cJ 0 S'ti\\water City Counci\
216 N. 4th Sl
Stillwater, MN 55082
Dear Stillwater Hum3!l Rights Commission,
I am writin,ltto inform the Commission of my resi~ation. I have found, in the p'ast
morltns'tnan T.L"nave very"i~ttle'ilme 10r dil 01 my a~irv~i1es ana orgarilz~ilonS. T.L 1eth .~[ w01.f1a
benefit the HRC to have another student on the Commission who can devote more time to
the HRC and its activities.
Concerning filling my space on the Commission as one of the two hi~ school
- -. - -
students, may I suggest a couple of people. Brock Christianson, has already written to the
Commission expressing interest It may be a good idea to add another male to the
Commission. He is a member ofS.T.AN.D., the diversi.wNo~P at the hip school and
was'1nVeloveo'1n'me crean on orme revlseli narassmen[ pdi1C.v recen4y proposeo'[o'me
schoo\ 'Doara. Be'in l\1cKeUips a\so has expressea an in'teres't 'to me. S.he, 'too, is on
S.T.AN.D. and was involved in writing the harassment policy. Both are very willing to
join and get involved, either would be an asset to the group.
I am sony. for any. inconvenience. It would be in my. beSt interests to focus on my.
scnoo\ wot'K ana co\\ege p\anning'inis year ins'teaa of spreaaing myse\f so 'inin. 'Fee\ free
to call 779-0736. ~ank you for allQwing me to serve on the Commission.
Amanda Han:ington
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December 3, 1996
\
Human Rights Commission
Stillwater City Hall
216 N. 4th St.
Stillwater MN, 55082
This letter concerns the recent resignation a high school student from the Human Rights
Commission. This concerns me because I saw her as insightful, and valuable to the Commission.
Her involvement in the large population of high school students in the area bring a valuable
aspect to the group. It is important to me that this aspect remains a part of your Commission, and
I do therefore request a position on the commission.
I have been a member of the group S.T.A.N.D. for two years and helped to organize and
execute tolerance day at our school. I have also recently been working with one of your
members, (Elizabeth Seekel) and our class principal Mr. Cole to try and have a Harassment
Procedure inducted at our school. We have also presented this idea to the Diversity committee,
the school board, and at a K-12 principals meeting. If selected for the committee I would find it
much more efficient when trying to do these things. You are a strong voice in the community
and the students of the district often need a louder voice, I hope you can give that to me.
Sincerely,
c6--<
Brock Christensen
High school senior
Stillwater Area High School
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14791 Square Lake Trail North · Stillwater MN, 55082-9278 · Phone 439-7335 · Fax
397-8747
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MAGNUSON LAW FIRM
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LlCJ.;NSEll IN MINNESOTA AND WISCONSlN
THE DF.SCIi OFFICE BUILDINO
3:1~ NORtH MJ\Jl~ ST~EET · SUITE #202 · P.O. BOX 438 · STILI.WATER., MN 5S0SZ
Tew'HoNC: (612) 439.9464 olF.I ,P,C:OPIER: (612) 439.564)
MEMORANDUM
TO:
Mayor, City Council and Staff
David T. Magnuson, City Attorne~
FROM:
DATE:
December 13, 1996
RE:
Tower Ordinance
I enclose for each of you a copy of the Ordinance that I drafted for the City Council's consideration at
their December 17, 1996, meeting.
I mentioned earlier that cities around the country are belng faced with tower requests, all of which are
creating headaches. .
The 1966 Teleconununication Act deals with local zoning power over tower sites and actually imposes
at least five (5) conditions on OUt local zoning authority. They are as follows:
1. Municipalities cannot unreasonably discriminate among wireless providers;
2. Our zoning restrictions cannot prohibit or have the effect of prohibiting wireless tower service;
3. We must act on a.ny request to place or construct a wireless tower within a reasonable period of
time;
4. Any denial must be in writing and must be supported by reasonable evidence that is teflected in
an actual record that is made before the governing body; and
5. We CSlUlot deny requests for tower sites based upon health concerns regarding radio frequencies.
It appears that there will be some flexibility to create different standards in different zoning districts to
recognize the needs for different visual, asthenic, and safety considel:'ations. However I since we cannot
prohibit towers. we must fmd all appropriate place for them and appropriate conditions must be developed
for any pennits.
I also enclose a Model Site Lease prepared by the League to use in tenting water tower space for
antennas, and a brief note on the right-of-way litigation involving the Redwood Falls case.
I hope this information is helpful to the Council. Please call if I can give anyone further information
prior to the meeting.
e DTM@
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ORDINANCE NO.
AN ORDINANCE ADOPTING A MORATORlUM ON THE GRANTING
OF ANY PERMITS FOR CELLULAR AND pes TOWERS
e
The City Council of the City of Stillwater 7 Washington County, Minnesota does ordain:
1. That the City of Stillwater is a Home Rule City of the Third Class existing under the laws
of the State of Minnesota.
2. That the City Zoning Ordinance was adopted long before the Federal Telecommunications
Act of 1966 and also recent FCC Regulations and General Service Administration Releases regulating
Cellular and pes towers.
3. That the staff planners for the City, are currently conducting studies for the purpose of
developing sound zoning regula.tions that will be consistent with federal regulations and other law and the
Planning office has indicated that, in view of the study and dIe new Federal Regulations, it would be
premature fo:r the City to consider applications for Permits for any tower.
4. That Minnesota Statutes 462.355, Subdivision 4, authorizes the adoption of an Interim
Ordinance that would allow time for the City Council to study the recommendations and amend the
Zoning Ordinance and Comprehensive Plan to effectuate these controls.
-t-:!'
5. An Interim Ordinance is hereby adopted pursuant to Minnesota Statutes 462.355,
Subdivision 4, that will prohibit and restrict the ~onstruction of new cellular and pes towers {Ot a period
of ninety (90) days and during that time, any requests for tower approvals are tabled. In all other ways,
the other: Ordinances of the City of Stillwater shall remain in full force and effect. .....-
7.
to law.
This Ordinance shall be in full force and effect from and after its publication according
CITY OF STILLWATER
By
Jay L. Kimble, Its Mayor
ATTEST:
Morti Weldon, Its Clerk
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LMC
uagwz ..,1 M;,rn"#I)l.a em.,
Citi~, pro",olitl9 II:r<:cD<moz
ities
~1ay 17,1996
.
Number 16
US West puts local authority to the test
Tim Busse
Ie
One of the primary responsibilities
of cities is to make sure people can get
around safely and easily. Cities spend
a ,grellt deal of time planning and
building streets and sidewalks. plowing
streets and patching potholes. Cities
take care of the public right of way
because that's what city residents
expect them to do. After all. citizens
pay taxes for public services.
But accot:ding to US West, cities
shouldn't have any say about what
happens over or under their streets,
sidewalks and alleys. In late February,
US West asked the Minnesota Public
Utilities Commission (MPUC) to take
ex.clusive jurisdiction over municipal
public rights of way and set aside local
regulations.
Why? This episode began in 1990,
when Redwood Fall, adopted an
ordinance tha.t requires utilities burying
major trunk fiber optic cable to either
encase it in a concrete conduit or limit
the city's liability in respect to damage
to the cable. The ordinance also
charges a permit fee to dig in city
streets and imposes a small annual
charge for using the right of way.
The purpose of the requirements
are obvious - to manage the city's risk
with respect to potential damage to the
cable and to help pay for the cost of
digging up city streets_ A typical fiber
optic tine can carry an extr:1ordinOJ'Y
amount of infonnation. Redwood FalIs
w3nts those cables encased in concrete.
so the next time 11 city crew OJ' another
utility digs into the right of way, that
cable - a.nd all of that information. is
protected from backhoes and shovels.
Using a conduit also makes it
possible to add more cable later,
without digging up the streets. That
mea.ns less inconvenience for
homeowners and drivers, and'less wear
and tear On the street.
It seems to make perfect sense.
But US West apparently disagreed, so
they filed their petition with the
MPUC. Most recently, US West
challenged th~ validity of the Ordi.
nance in Redwood County District
Court. US West wants the court to
prevent the city from enforcing the
o(dinll.nce, and allow them to lay thei(
fiber optic cable pending resolution of
the matter before the MPUC.
The implications of this ease ate
enoI:TIlOus. The Redwood Falls case
could ~ Do landmark decision that
would ultimately decide the ability of
cities to regulate utilities of any kind in
municipal rightS or way. The action by
us West challenges the most basic
concc::pt of govc::rnance: that local issues
should be decided p.t the )ocallevel.
Because of the potential conse-
quences for all Minnesota cities, the
League has joined in the fight by
intervening in both the Public Utilities
Commission proceeding and the
Redwood County District COurt action.
The League has employed outside
counsel who early last week filed a
motion to dismiss the matter in District
Court \ind who this week will file a
similar request at the MPUC.
At the LMC Annual Conference
next month. L~ague member cities will
be asked to give the League Board
advice on how the League should
proceed on this issue. The AMual
Meeting preview on pages 6 and 7
gives a full overview of the questions
cities will be asked to consider.
The May 31 issue of Cities
Bulletin will include any developments
in the Redwood Falls case and MPUC
action, as well as backg(ound infonna.
~"?:
tion to help cities better understand this
complex issue. t' -
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Right-of-way authority is major issue for cities
Ann Higgins
The National League of Cities bas
identified pceservation of local right-of-
way management authority as a key
issue for cities. In a strategy session
held last week. at the NLC office in
Washington, I).C., stale lengue staff
from across the nation met to examine
city implications of the massive shift of
converging telecommunications
markets. The current setting bas led to
efforts in many states to restrict the tole
of cities. Cities want a reasonably
competitive marketplace in which the
public is protected. Incumbent phone
companies and new entrants want the
same advantages as their competitors
while maintaining the advantages they
already have. .
In the two-day seminar, four basic
city interests were identified:
1. Cities are the dominantlandJord;
2. Cities. as units of government. are
the si~gle largest customer and
user of telecommunications
service.s;
3. Cities own and operate !.heir own
telecommunications facilities
. (govemment and public access,
public safety communications,
municipal utilities. ttc.);
4. Cities are interested in supporting
and strengthening local economic
activity.
Public rights-of-way are the most
valuable real estate in the telecommll-
nications marketplace, but entrants into
telecommunications service delivery
have sought to gain entry through
federal pre-emption of local authority
to control entry and use of rights-of-
way. The federal Telecommunications
Act bats the federal government from
pre-empting local authority to obtain
fair and reasonable compensation, but
May' 17, 1996
cities must make cleur that costs of
right-oF. way management are real. and
locnl taxpayers must nOt be forced to
pick up the costs of private use of
public right.of.way. Cities must insist
on the importance of protecting local
property taxpayers who have purchased
rights-of-way for use in the public
interest.
City offkials ne:ed to pay close:
attention to increasing requests for
right-of-way entry by competitive
access providers (CAPs) to ex.tend fiber
optic cable to large business customers
for high-speed data and video transmis-
sion and access to long-distance
services. Such repeated CAP entry in
the right-of-way does nOl necessarily
indicate competition in the provision of
these services. In fact. CAPs seek to
enter local phone service only for the
cost of the incremental use of those
connections, but arc not intcm:sled in
responsibility for (or the cost of)
providing universal sen'ice or comply-
ing with rate regulation which local
exchange providers have traditionally
been expected to provide, , .
Sta.te league staff attending the
seminar described the battles cities face
in California. Colorado. Michigan.
Texas, and Minnesota, in holding onto
their traditional authority to regulate
right. of-way entry and use by tele.
phone companies. CAPs and other
telecommunications service providers.
Industry lobbyists have been aggres-
sive in efforts throughout the nation to
convince state legislatures and public
utility commissions to severely limit
city authority to control or recoup the
cost of multiple entries in local streets
and easements.
For example, in Michigan, the
regional bell operating company
succeeded in Obtaining language thut
allows citi~s only to recoup costs not to
ex.ce~d ~Ihe fixed and variable COStS"
of granting a pennit and maintaining
rights.of-way. The Michigan Telecom-
munications Act of 1995. enacted late
la,st. fall, affects both local regulation of
traditional cable servkes as well as
telecommunications services. New
providers will now be able to argue that
they are allowed to place facilities and
wire line connections in the right-of.
way without complying with local
re!:ulotioils and compensation require-
m;nt.~. .While cities in Michigan were
able to retain authority to require both
utilities and telecommunications
service providers to Obtain permits,
cities must grant such permits within
90 days and are only authorized to
recover COStS directly attributable to the
issuance of the permit artd the immedi-
ate cost of the maintenance of those
streets. easements Ol" other public
property used by telecommunicati9ns
companies. The Michigan Municipal
League (MML) has advised Michigan
cities to insist that .....il reasonable'
..-
reading of the Act ...lends to the....
conclusion that the Act is meant to
provide maximum authority to...(cities]
in the permitting process,"
MML is actively advocating for
cities on these issues to help clarify
ambiguities in the Act. Concerns now
focus on making clear that property
taxpayers at the l~alleve.l should not
be subsidizing private secrOr enter-
prises when they seek to use public
rights-of-woy to conduct business..
MML is coordinating a special effon to
coordinate and pursue a pro-active
strategy to raise funds and effectively
respond to issues raised by the recently
enacted Michigan Telecommunications
Act. l'
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Page 3
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/AQ9U~ of MinnflQlll Citi.#
CiH':6 promoting tlJtClI/1.mt:1t
ities
lletin
Number 22
August 23, 1996
Rights of Way Fund reaches half-way point
1illlBusse
A little more than six weeks into
the campaign, the League's Rights of
Way Fund drive has reached the half.
way mark. The initial request for
payment went out the first week of
July, and since that time about 400
Minnesota cities h:we paid almost
S I 00,000 into the fund. 1M goal is to
reach $200.000.
"It'S gratifying to see how Minne.
sota cities have united to respond to
recent challenges to municipal
authority to manage rights of way,"
said League Executive Director Jim
Miller. .'Thank you to all cities who
have pnid so far."
The League Board created the
fund soon after uS West sued the city
of Redwood Fans, challenging the
city's right to manage the public right
of way. The fund will help implement
a work plan addressing the legal.
legislative and public information
demands cities face. With the fund
re:lching the ha.lfway mark, an end of
the summer update on each part of the
plan is in order.
Legal
It appears to be only a matter of
time before US West fQnnally appeals
the J)i!;trict Court decision that
reaffirmed cities' rights to set require.
ments on utilities using the public
rights of W~\y. US West appears to be
; Page 5 - Election '96
~. .-----.-
1 'h'"anted: Spedtic examples of how
\ federal and state d~cisions affect
i your-city.
!
,
trying to time the appeal so that a court
decision would not come out before
the legislative session is almost over.
The League is monitoring the appeal
process and will re:ltt accordingly.
Legislative
In an effort to get a solid handle On
. rights of way related costs, the League
has hired Springsted, Inc:. to p.-eparc a
COSt recovet)' study. While cOllven-
tionallogic says that utilities using the
right of way art getting a great deal,
the Springsted project will give cities
strong evidence showing that property
taxpayers are indeed subsidizing
private industry in the rights of way.
From the start, it's been clear that
this debate will ultimately be decided
in the Legislature. With that in mind, a
larse portion of the Rights of Way
Fund will go towud the legislative
effort. The League issued a Request for
Proposals in early August seeking
lobbying assistance on the issue. Nine
firms responded to the RFP, and late
last week the RFP Selection Committee
fOl.'Warded their recommendations to
the League Board. Selection .Commit.
tee members include Nancy Larson of
the Small Cities Association. Duluth
M:l.yor Gary DOlY, Jack Kegel of the
Minnesota Municipal Utilities Associa.
tion, Chuck Armstrong of St. Paul and
Bill Barnhat of Minneapolis.
Page 8 & 9 - Thank You
Almost 400 cit~s have paid into the
Rights of Way Fund. Is your city
on the list?
,--~1;f~~,:~.:",;" .
Public Information
AS cities have approved payment
into the Rights of Way Fund, media
coverage has increased. A number of
newspapers have run stories on the
payment and on cities' battles [0
maintain control over public property.
Miller and Redwood Falls City
Engineer Ron Mannz appeared on
KTCA television's News. Night
program on August 13 and provided
answers to the questions surfounding
the issue. '[ ,
\ . ..':',
::The League s.nds the C!J}ss ;".
;' Bullstln to tho mayor and to th~ <.
:". adminIstrator or clerk. Be sure'to .
':'.rOute It to your QounCllmemben{: .
:~:~nd department h~d8. . :..'t
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LMC
Lzagu;z Df Minnll$ota Cilia
Cit""5 promQl;ng =canolnclI
145 University Avenue West, St. Paul, MN 55103.2044
phon.: (612) 281.1200 · (SOO) 925-1122
Fax: (612) 281-1299 · TDD (612) 281-1290
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To:
From:
Subject:
Date:
City Managers, Administrators or Clerks
Stanley G. Peskar, General Counsel
Model and Tenant Site Lease and Zoning Recommendations
April 22, 1996
Enclosed is a Model Site Lease that can be modified to be used to rent water tower space)
bare land or space on any other city owned structure for personal communication systems,
cellular or pager antenna locations.
The model lease was a cooperative effort of a committee of people representing cities, the
League) MACTA and the Suburban Rate Authority. Primary drafting efforts were provided by
James Sttommen of Kennedy & Graven, Chartered, in Minneapolis and attorneys for Suburban
Rate Authority (SRA). ...:.
A significant part of the language was drawn from a lease used by the City of Minnetonka
and prepared by Desyl Peterson, the Minnetonka City Attomey. Many other provisions were ...i~
based on parts of agreements used by other cities, or were based on the suggestions of committee
members. Some modifications were made based on the comments of industry representatives,
but only if those comments also uphold city interests or further industry interests without .
damaging those of cities.
Because this docwnent is drafted primarily to protect cities, industry negotiators are
likely to suggest changes mOre in keeping with company interests. Any individual change may
not be bad for the city so long as the city negotiator fully understands the implications of the
change and the city receives satisfactory compensation for rights conveyed. For example, Option.
1 under Term and Renewals, on page 2 would position the City to benefit from increases in the
value of antenna sites) on the assumption that demand would keep rising and sites would become
more valuable. Of course, technology could change and there could be less need for: sites. Thus,
site lease prices could drop.
Option 2 provides for a longer lease tenn. The industry representatives we talked to said
that the longer lease tenn provides a certainty that they need to justify the required investments.
If this is so, the longer lease term should command a higher uper year" rental rate.
Of course~ the appropriate amOunt to charge for any particular lease depends upon
numerous variables such as number and relative suitability of alternative sites. Thus rental rates
by other cities an4 other site lessors is only a small part of the information you need when you
I
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City Managers, Administrators or Clerks
Page 2
April 22, 1996
begin negotiations with an industry representative. Care should be taken to avoid agreements
with other potential site lease providers to fix the price of site leases or the appearance of such
activity since cities are subject to Federal and state antitrust laws. Antitrust claims might also
result if cities utilize land use controls or other police powers for pUlposes other than legitimate
land use planning activities.
Site leases by cities are public records and are available on request to other cities.
However. for the convenience of members we will accept copies of leases member cities may
conclude and try to maintain tabulation summaries of lease terms. Enclosed is the fU'st such
tabulation. For the latest information On these lease tenns, call Ann Higgins at the League of
:Minnesota Cities. \Vhen you conclude a site lease, please provide Ann with a copy of your lease
and comments on any important issues that may not be readily appar~nt from the lease itself.
. Zoning recommendations are expected to be available in 2. or 3 weeks.
~'.
Questions about specific reasons for the language of the lease can be directed to Stan
Peskar, General Counsel of the League at 612.;.281-1215 or James Strommen, attorney for the
Suburban Rate Authority, at 612.337.9233. .~.
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L,"!J"1l 0/ M,innll...f4 Citi..:I
Cilifllt promDlt"9 G:U:.nilnCq
145 UnivtJ:'sity Avenue West, St.l\ul, }tIN 55103-2044
Phone: (612} 281-1200 · (800) 925-1122 ...
Fax: (612) 281-1299 · 'TDD (612) 281-1290 ..
April 23 I 1996
TO:
Manager. Administrator. Clerk
FROM:
Ann Higgins. IGR Representative
RE:
Examples of tower/antenna lease agreements
Below is a listing of cities from whom the League has either infonnation and/or examples o~
current or previous lease agreements with cellular, paging, pes or other wireless
teleconununications service providers. Our effort here is to provide you with some general
guidance on the experience of cities in concluding arrangements to provide public space on
water towers or other city-owned property for tower or antenna facilities.
In February, we initially sunreyed cities to learn more about what types of arrangements cities
were successful in concluding for the management and siting of teleconununicauons towers
and antennas. It is evident that cities must exercise care to carry out leasi~g/pricing
negotiations to meets their needs while not taking any actions that would ralse price-fixing
concerns on the part of telecommunications companies.
Examples of lease terms and monthly/annual rents:
City
Term
Bloomington
5 yr. renewable;
2 additional 5yr.
terms
Brooklyn Park
1 yr. renewable
Bm:nsville
5 yr. renewable;
additional 5 yr.
tenn
Circle Pines
6 yr. renewable;
3 additional 6 yr,
terms
-
.~
P~yment
$750/mo.; $900/mo.
on first renewal;
$l,080/mo. - 2nd term
$405/mo.
.'
variable, depending on
single or multi~use;
3 percent/CPI increase
no amount stated;
annual payment in
advance; 3 percent
increase multiplied by
# yrs. in expiring term
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^"" EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
r
Edina 4 yr. renewable; $12,OOO/yr. - equal
e 4 additional 5 yr, monthly installments;
terms formula increase over
..frt'
extended lease period
Minnetonka 5 yr. renewable; no amount stated;
3 additional 5 yr. S percent increase
terms
North St. Paul 5 yr renewable; $700-750/mo.; 3.4
25 yr. term percem increase
Prior Lake 5 yr. renewable; $700/mo. in advance;
4 additional 5 yr. renewal increases based
terms on CPI (S percent cap)
Robbinsdale 3 yr. renewable; $800/mo.; increase
4 additional 3 yr. based on CPI
terms
..,.
Spring Lake Park 5 yr. renewable; $SOO/mo. renewable
4, additional 5 yr. terms based on CPI
tenns (capped at 20 percent) ,
;a.
Renewal Terms
Cities should be mindful to exercise their best interests in negotiating lease renewal
terms. The following information may be helpful in that regard.
Bloomington: provides lessee with right to extend lease for renewal terms. At the end of the
2nd renewal term a one-yea.r extension is provided) and annually thereafter. The lessee must
give of the lessee's intention to extend the term of the leas~ at least 6 months prior to the end
of each lease or extended term. The city or the lessee may terminate the lease during any of
the one-year renewal periods by giving a notice to the other at least 60 days before the end of
any such period. .
Brooklyn Park: renewals for successive 12.month periods are automatic unless either the city
or the lessee give written notice of intent to terminate the: lease at least 9 months prior to the
expiration of the tenn of the initia.l or subsequent terms.
Ie
Burns'\'ille: automatic renewal for successive 5 year terms unless either the city or the lessee
serves written notice at least 60 days prior to the expiration of the lease (or any extension).
Termination is provided to either party upon 90 days written notice. Upon expiration or
tennination, the lessee has 30 days to remove all equipment and to make necessary repairs to
the premises.
Circle Pines: the lessee may extend the t~nn of the lease for three additiona16wyear periods.
The lessee is obligated to extend the tenn for each successive period unless the lessee gives the
city written notice of its intent not to extend at least 30 days prior to the expiration of the
current term.
e
Edina: the lessee may extend the 12-month term by giving notice to the city at least 6 months
before the end of the period.
Minnetonka: the lessee may ex.tend the lease for three additional 5 year renewal periods.
The lease is automatically renewed for each successive term unless (a) the lessee notifies the
city of its intent not to renew at least 90 days prior to the expiration of the initial or renewal
term; or (b) the city notifies the lessee of its intent not to renew the least at least 90 days prior
to the expiration of the initial or renewal terms. At the end of the third 5 year extension, if the
lease has not been tenninated by either party by giving written notice at least 180 days prior to
the end of that term, the lease agreement shall continue for another 1 year period and for
annual terms after that tenn until either party gives the other written notice of intent to
terminate at least 180 days prior to the end of that term.
Prior Lake: the lessee may extend the lease for four additional 5 year renewal terms. The
lease is automatically renewed for each successive term unless the lessee notifies the city of its
intent not to renew at least 60 days prior to the expiration of any such term or the lessee is in
default of any of the terms and conditions of the lease. If either the city or the lessee gives
such notice to the other party, the lease terminates 365 days from the date the notice was"'~
given. . .
Spring Lake Park: the lessee may extend the lease for four additional 5 year periods. The ~
lease is automatically renewed for successive terms unless the lessee notifies the city of its
intent not to renew at least 30 days prior to the expiration of the initial or any renewal telm.
-
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The League or Minnesota Cities provides this publicadon as a
general InIonnatlonal memo. It is not intended to prQvide legal advice
and should not be used as a substitute for competent legal guidance.
R.eaden should consult with an attorney tor advice concernIng sped.flc
situations. .
"'e'
@ 1996 League of Minnesota Cities Research Foundation
All rights reserved
Printed. in the United States o~ .America
'.
.'
LMC
~ of JrI;,,_w. Cili..
Ci_~~
League of Minnesota Cities
145 University Avenue West
St. Paull MN 55103--2044
(612) 281..1200
(800) 925-1122 .
Fa.."( (612) 281..1299
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TABLE OF CONTENTS
e PAGE
1. Leased Premises . . . . . , , , . . . , . . . . , . 1
2. Rent . . . . . . . . . . . . . . . . . . . . . . 1
(a) Amount 1 Adiustments . . . . . . . . . . . . . 1
(b) Time of PaYment. Taxes . . . . . . . . . . . . , . . 1
3. Governmental At)l)roval Continc:rency . . . . . . . . :2
(a) Tenant Apolication . . . . . . . :2
(b) Interference Study . . . . . . . . . . 2
(c) Non-aoproval . . . . . . . . . . . . . . . 2
4. Term and Renewals . . . . . . . . . . . 2
5. Tenant's Use . . . . . . . . . . . . . . . . . . 3
(a) User Priori tv . . . . . . . . . . . . . 3
..
(b) Purposes . . . . . . . . . . . 3
(c) Construction . . . . . . . . . . . . . 4
(d) Ooeration . . . . . . . . 4
( e) Maintenance, Imorovement Expenses - 4
(f) Replacements . . . . . . . . . . . . . 4
( g) Drawinqs . . . . . . . . . . . . . . . . . 4
(h) No Interference 5
(i) Access . . . . . . . . . . . . . . . 5
(j ) pavment of Utilities . . . . . 5
6. Emeraency Facilities . . . . . . . . . . . 5
7 . Additional Maintenanoe Expenses . . . . . 5
B. Advances in Technoloav' . . . 5
9 . Additional ~uildin!'J's . . . . . . . . . . . . . 5
10. Defense and Indemnifiea~ion . . . . . . . . . 6
(a) General . . . . . . . . . . . . . . . . 6
(b) Hazardous Materia.ls . . . . . . 6
ee} Tenant's Warranty . . . . . . . . . . . 6
11. Insurance . . . . , . . . . . . . . . . . . . . . 6
(a) Workers' comoensation . 6
(b) General Liabilitv . . . . . . . . . . . . 7
(c) Automobile Liabilitv . . . . . . . . 7
(d) Tenant prooertv Insuranc~ . . . . . . . . 7
(e) Hazardous Materials Coveraae . . . . . . . . . . . . 7
(f) Adiustment to Insurance Coveraae Limits . . . . . 7
( g) Additional InsuX'ed - certificat.e of Insurance . . . . ?
12. na.m.aae or Destruction . . . . . . . . . . . . 8.
13. Lease Termination . . . . . . . . . . . . . . . . 8
(a) Events of Termination . . - . . . . . . . 8
(b) Notice of Termination . . . . . . . . . . . . 9
(c) Tenant's Liabilitv for Earlv Termination . . , . 9
(d) Site Restoration - . . . . . . . . . . . - . . 9
14.. Limitation of Landlord's Liability . . . . . . . . 10
15. '1'em'Oorary Interrupt:.iona of S$J:vice . . . . . . 10
16. Tenant Interference . . . . . . . . . . . 10
(a) with Structure . . . . . . . . . . . . . . 10
(b) With Hiqher Priority Users . . . . . 10
e (e) Interference Study - New Occupants 11
(d) Interference - New Occupants . . . . 11
17 . ASBionment . . . . . . . . . . . . . . . . . . 11
.:tJ.!S102233
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PAGE
18. Condemnation . . . . . . . . . . . . . . . . . . . . 11 e
19. pisputes . . . . . . . . . . . . . . . . . . . . 12
20. . znforcement and Attorneys' Fees . . . . . 12
21. NOt. ices . . . . . . . . . . . . . . . . . . . . . . 12
22. Authority . . . . . . . . . . . . . . . . . . . . . 13
23. . Bindina Effect . . . . . . . . . . . . . . . . . . . 13
24. Co~lete Lease: Amendments . . . . . . . . . . . . . 13
25. Governina Law . . . . . . . . . . . . . . . . . 13
26. Severability . . . . . . . . . . . . . . . . . . 13
JHS1022n
SU160.25
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..
SI~E LKASE AGREEMENT
e
THIS SITE LEASE AGREEMENT ("Lease"), made this
, 199__ between-city of
("Landlord"), and , a
organized and existing under the laws of
("Tenant D) .
day 0 f
For goo~ and valuable consideration, the parties agree as
follows:
1. Leased Premise~. Subject to the terms and conditions of this
Lease, Landlord hereby leases to Tenant and Tenant leases from
Landlord a portion of Landlord's property, located at
, County of
, State of Minnesota, legally described in Exhibit A
attached hereto, subject to any and all exi'sting ea~ement5, and a
portion of the Water Towel:' or other structures
("Structure"), as more particularly shown in Exhibit B attached
hereto, on which directional antennas, connecting cables and
appurtenances will be attached and located, the exact location of
each to be reasonably approved by Landlord's Director of
~, together with apl,')urtenant easements and
access rights (II Leased Premises II) . "
2.
Rent.
e
(a) Amount, Ad; ustments . _ AS consideration for this Lease,
Tenant shall pay Landlord an annual rent in the amount of
for the initial year, which shall be increased each
year on January 1, by the greater of: (a) five percent (5%) of the
previous year's annualized rental, or (b) by an amount equal to the
increase in the Consumer Price Index (lIeFI n ). The CPI shall mean
the "Consumer Price Index - for All Urban Consumers, All Cities,
All Items (1967 ::: 100)" as published by the United States
Department of Labor Statistics, or if such index shall be
discontinued, the successor index, or if there shall be no
successor index, such comparable index as mutually agreed upon by
the parties. To determine the annual rental increase to be paid by
Tenant under a CPI adjuster, the annualized rental for the previous
year shall be multiplied by a percentage figure, computed from a.
fraction, the numerator of which shall be the CPI for the third
quarter of the preceding year and the denominator of which shall be
the CPI for the corresponding quarter of one year earlier. Such
fraction shall be converted to a percentage eq\1ivalent. The
resulting percentage fixture sh~ll be multiplied by the previous
year's rent (annualized for the first year, see Paragraph 4 below) .
(b) Time of Payment, Taxes. Landlord shall corrrounicate all
rental increases to the Tenant in writing by the preceding December
1 of each year. The annual rental shall be paid before January 1
of each year. For the first yeal:', the rental shall be pro rated
through December 31 and shall be paid to Landlord in full at the
time Lease is executed. If the Tenant does not meet the
J'KS1024J3
sU16oMZ5
1
~. '~.~;~.,;:'.!,f~-~r~:_;j
..
requirements referenced in Subparagraph 3(a) below by
, and Tenant has diligently pursued such requirements,
Landlord shall refund the Tenant rental payment made at the time of _
Lease execution and this Lease shall terminate .In addition to the ,.
annual rental, Tenant agrees to timely pay its pro rata share of
. any taxes or payment in lieu of taxes required as a result of this
Lease.
3. Governmental Aooroval Continqenc~.
(a) Tenant Aoolication. Tenant's right to use the Leased
Premises is expressly made contingent upon its obtaining all the
certificates, permits, zoning and other approvals that may be
required by any federal, state, or local authority. This shali
include the engineering study specified in Subparagraph 3tb) below
on the Structure to be conducted at Tenant's expense. Landlord
shall cooperate with Tenant in its efforts to obtain and retain
such approvals and shall take no action which would adversely
affect the status of the Leased Premises with respect. to the
Tenant's proposed use thereof.
(b) Interference Stud~. .Before obtaining a building permit,
Tenant must pay for the reasonable cost of (i) a radio frequency
interference study car:ried out by an independent .and qualified
professional selected by the Landlord showing that Tenant's
intended use will not interfere with any existing communications
facilities and (ii) an enginee:r;~ng study showing that the Structure
is able to support the Tenant's FacilitiQS, as defined in
Subparagraph 5 (b), without prejudice to the City I S use. of the
Structure. If the study finds that there is a potentIal. for
interference that cannot be reasonably remedied or for prejudice to
the Structure, Landlord may terminate this Lease immediately and
refund the initial rental to Tenant.
(c) Non-a~oroval. In the event that any application
necessary under Subparagraph 3(a) above is finally rejected or any
certificate, permit, license, or approval issued to Tenant is
cancelled, expires, lapses, or is otherwise withdrawn o:c terminated
by governmental authority so that Tenant, in its sole discretion,
will be unable to use the Leased Premises for its intended
purposes. Tenant shall have the right to terminate this Lease and.
be reimbursed for the rental payment if made pursuant to
Subparagraph 2(b) above. Notice of Tenant's exercise of its right
to ter.minate shall be given to Landlord in writing by certified
mail, retU1."n receipt requested, and shall be effective upon receipt
of such notice by Landlord as evidenced by the return receipt.
Except as required under Subparagraph 13 (d) below, upon such
termination, this Lease shall become null and void and the parties
shall have no further obligations to each other.
4. Term and ~enewals. The II Initial Term" of this lea.se shall Ai.
commence on the date in the first paragraph of this Lease ..,
(IIEffective Datell) and end on December 31 of the fifth calendar
year of the Lease. Subj ect to the terms and condi tions of this
,j'MslC22))
SU.SO-2S
2
e
Lease, ~e~ant shQ~l have the right to extend this Lease for three
(3) add,J.t1onal f1ve (5) year renewal periods ("Renewal Term")
co~~nc1.ng On January 1 following the expiration date of the
lnlt~al Term or of any subsequent Renewal Term.
1 [OPTION 1: This Lease shall be automatically renewed for each
su~cessive ~enewal Term unless either Landlord or Tenant sends
wr1.tten not1.C~ of non-renewal to the other no later than ninety
(90) days pr1.or to t~e expi~atio~ of the Initial Term or any
Renew~l Term, such notlce prov1.ded l.n accordance with Paragraph 21
of thJ.s Lease.}
[OPTION 2: This Lease shall expire at the end of the Initial Term
or any Renewal Term unless Tenant sends written notice to Landlord
of Tenant's election to renew at least ninety (90) days prior to
the expiration of the Initial Term or any nenewal Term, such notice
provided in accordance with Paragraph 21 of' this Lease.]
5. Tenant's Use.
(a) User Priority. Tenant agrees that the fOllowing
priorities of use, in descending order, shall apply in the event of
conununication interference or other conflict while this Lease is in
effect, and Tenant's use shall be subordinate accordingly:
1. Landlord; .
2. Public safety agencies, including law enforcement,
fire, and ambulance services, that are not part of
the Landlord; .
3. Other governmental agencies where use is not
related to public safetYiand
4. Government-regulated entities whose antennae offer
a service to the general public for a fee, in a
manner similar to a public utility, such as .long
distance and cellular telephone, not including
radio or television broadcasters.
(b) Purooses. Tenant shall use the Leased Premises only for
the purpose of installing, maintaining. and operating a Landlord-
approved communications antenna facility, equip~nt, cabinets and
an accessory building, and uses incidental thereto for providing
radio and wireless telecommunica.tion services which Tenant is
legally authoriz~d to provide to the public. This use shall be
non-exclusive, and Landlord sp~cifically reserves the right to
allow the Leased Premises to be used by other parties and to make
additions, deletions, or modifications to its own facilities on the
Leased Premises. Tenant's communications antenna facility shall
consist of antennas at a Landlord-approved location, along with
e
lOption 1 ond Option 2 represl!!nt o.lternative renewal rights of Landlord and
Tenant. Option 1 is an automatic ren~wal, but also gives Landlord the ~ight of
nan-renewal at the end of each five year ter~. Option 2 requirQs an affirmative
notice to renew by Tenant. but does not give the Landlord the. right of ~on-
renewal (unless it is for cause or otherwigQ providQd in ,oction 14).
JIl:Honn
8U160-25
3
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''t' -'~ .;.. '
.1~.:,:;.rm~tr,;.
cables and appurtenances connected to an accessory building or
cabinet located on the Leased Premises (tlAntenna Facilities").
Tenant shall comply with all applicable ordinances, statutes and
regulations of local, state and federal government agencies.
(c) Construction. Tenant may erect and operate an antenna
array-in accordance with its submitted application attached as
Exhibit B. If Tenant seeks to increase the number of antennas, it
must first pay for an evalua.tion carried out by a qualified
professional, retained by Landlord demonstrating that (i) each
additional antenna will not interfere with existing antennas or
with proposed antennas with a higher priority and that (ii) any
Structure can structurally support the additional antennas. The
cost of each evaluation must be paid by the Tene~t within 30 days
after receiving written notice of the cost. Landlord must consent
to installation of additional antennas, such consenc will not be
unreasonably withheld_ If Landlord consent.s, the parties will
negotiate the amount of additional rental for the antennas.
(d) Oo~ration. Tenant shall have the right, at its sole cost
and expense, to operate and maintain the Antenna Facilities on the
Leased Premises in accordance with good enqineering practices, with
all applicable FCC rules and regulations. Tenant's installation of
all Antenna Facilities shall be done a.coording to plans approved by
Landlord, which approval shall not be unreasonably withheld. Any
damage done to the Leased Premises or other Landlord property
including the Structure during installation Or during operations,
shall be repaired at Tenant-' s expense within 30 days after
notification of damage. The Antenna Facilities shall remain the
exclusive property of the Tenant, unless otherwise provided in this
Lease.
e
(e) Maintenance, Improvement Ext.'enses. All modifications to
the Leased Premises and all improvements made for Tenant's ben~fit
shall be at the Tenant's expense and such improv~rnents, including
antenna, facilities and equipment, shall be maintained in a good
state of repair, at least equal to the standard of maintenance of
the Landlord's facilities on or adjacent to the Leased Premises,
and secured by Tenant. If Tenant's Antenna Facilities are mounted
on the Structure they shall, at all times, be painted, at Tenant's
expense, the same color as the Structure.
(f) Replacements. Before the Tenant may update or replace
the Antenna Facilities, Tenant must notify and provide a detailed
proposal to Landlord. Tenant shall submit to Landlord a detailed
proposal for any such replacement facilities and any other
information reasonably requested by Landlord of such requested
update or replacement, including but not limited to a technical
'study, carried out at Tenant's expense. Landlord may not
unreasonably withhold approvdl.
(g) DrawinGS. Tenant shall provide Landlord with as-built ~
drawings of the equipment and improv$rnents installed on the Leased
Premises, which show the actual location of all Antenna Facilities.
JMsl02233
5U160.2S
4
-
said drawings shall be accompanied by a complete and detailed
inv~n~o:y of all equipment, personal property, and Antenna
Fac~11t1es actually placed on the Leased Premises.
(h) No Interference. Tenant shall, at its own expense,
.maintain any equipment on or attaohed to the Leased Premises in a
safe condition, in good repair and in a manner suitable to Landlord
50 as not to conflict with the use of the surrounding premises by
Landlord. Tenant shall not unreasonably interfere with the
operations of any prior tenant using the Structure and shall not
interfere with the working use of the water storage facilities
thereon or to be placed thereon by Landlord.
(i) Access. Tenant, at. all times during this Lease, shall
have access to the Leased Premises in order to install, operate,
and maintain its Antenna Facilities. Tenant shall have access to
the Structure only with the approval of Landlord. Tenant shall
request access to the Structure twenty-four (24) hours in advance,
except in an emergency, and Landlord's approval thereof shall not
be unreasonably withheld or delayed. In the event it is necessa~
for Tenant to have aCcess to the Structure at some time other than
the normal working hours of Landlord, Landlord may charge Tenant
for whatever expense, including employees' wages I that Landlord may
incur in providing such aCcess to Tenant.
(j) PaYment of Utilities. Tenant shall separately meter
charges for the consumption of eleotricity and other utilities
associated with its use of thE:LLeased Premises and shall prot't'.ptly
pay all costs associated therewith.
.>.
6. Emeraency Facilities. In the event of a natural or man made
disaster, in order to proteot the health, welfare, and safety of
the community, Tenant may erect additional Antenna Facilities and
install additional equipment on a temporary basis on the Leased
Premises to assure continuation of. service. Such temporary
operation shall not exceed 90 days unless Tenant obtains written
approval from the Landlord.
e
7. Additional Maintenance 2~enses. Upon notice from Landlord,
Tenant shall promptly pay to Landlord all additional Landlord
expenses incurred in ~intaining the Leased Premises, including
painting or other maintenance of the Structure, that are caused by
Tenant's occupancy of the Leased Premises.
8. Advances in Technolooy. As technology advances and improved
antennas are develooed which are routinely used in Tenan.t' s
business. Landlord ma.y require, in its sole discretion, the
replacement of existing antennas with the improved antennas if the
new antennas are more aesthetically pleasing or otherwise foster a
public purpose, as long as the installation and use of the improved
antennas are p~actical and technically feasible at this location.
9. Additional Buildinos. Tenant acknowledges that Landlord may
permit additional buildings to be constructed on the property
JHS1022D
$U160.2S
5
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.",'.~'!'::.':":;l}'-'''-~..n,:;;;:':;:,'::_''
d~scribed,in E~hibi~ A~ At such time as this may Occur, Tenant
wl.ll p;rrnl.t. sa,l.d bUl.ld~ngs to be placed immediately adjacent to
Tenant S,bul.ldl.ng and wl.ll allow "attachments" to its buildin
as .to, gl.ve the appearance that all buildings are a conne~t:~
f~C111.ty. Said ~ttachments will be made at no cost to Tenant and
wl.ll not comproml.se the structural integrity of Tenant's building.
10. Defense and rndemnification.
(a) General. T~nant ag~ees to defend, indemnify and hold
harmless Landlord and l.~S elected officials, officers, employees,
agents, and representatl.ves, from and against any and all claims
~osts, . losses, expenses, demands, actions, or causes of action:
l.nclu~l.~g r~asonab~e attorneys' fees and other costs and expenses
of Iltl.gatl.on, whl.ch may be asserted against or incurred by
Landlord or for which Landlord may be liable in the performance of
this Lease, except those which arise solely from the neglig~n~e
willful misconduct, or other fault of Landlord. Tenant ;hali
defend all claims arising out of the installation, ooeration, use,
maintenance, repair, removal, or presence of Te~ant' s Antenna.
Facilities, equipment and related facilities on the Leased
Premises.
e
(b) Hazardous Materials. Without limiting the scope of
Subparagraph 10 (a) above, Tenant will be solely responsible for and
will defend, indemnify, and hold. Landlord, its agents, and employees
harmless from and against any and all claims, 'costs, and
liabili ties, including attorney.' s fees and costs, arising out of or
in connection with the cleanup or restoration of the Leased
Premises associated with the Tenant's use of Hazardous Materials.
For purposes of this Lease, II Hazardous Materials" shall be
interpreted broadly and specifically includes, without limitation,
'asbestos, fuel, batteries or any hazardous substance, waste, or
materials as defined in any federal, state, or local environmental
or safety law or regulations including, but not limited to, CE~CLA.
(c) Tenant's Warranty. Tenant represents and warrants that
its use of the Leased Premises will not generate and ~enant will
not store or dispose of on the Leased Premises, nor transport to or
over the Leased Premises, any Hazardous Materials, unless Tenant
specifically informs Landlord thereof in writin~ twenty-four hours.
prior to such storage, disposal or transport, or otherwise as soon
as Tenant becomes aware of the existence of Hazardous Materials on
the Leased Premises. The obligations of this Paragraph 10 shall
survive the expiration or other termination of this Lease.
11. Xnsurance.
(a) Workers' Comoensation. The Tenant must maintain Workers'
Compensation insurance in compliance with all applicable statutes.
The policy shall also provide Employer's Liability coverage with
limits of not less than $500,000 Bodily Injury each accident,
$500,000 Bodily Injury by disease, poliCy limit, and $500,000 e
Bodily Injury by disease, each employee.
"1015102233
S0160-25
6
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(b) General Liabilitv. The Tenant must maintain an
occurrence form comprehensive general liability coverage. Such
coverage shall include, but not be limited to, bodily injury,
property damage -- broad form, and personal injul:Y, for the hazards
of Premises/Operation, broad form contractual, independent
contractors, and products/completed operations.
The Tenant must maintain aforementioned comprehensive general
liability coverage with limits of liability not less than
$1,000,000 each occurrence; $1,000,000 personal and advertising
injury; $2,000,000 general aggregate, and $2,000,000 products and
completed operations aggregate. These limits may be satisfied by
the comprehensive general liability coverage or in combination with
an umbrella or excess liability policy, provided coverage afforded
by the umbrella or excess policy are no less than the underlying
comprehensive general liability coverages. .
Tenant will maintain Completed Operations coverage for a
minimum of two years after the construction is completed.
(c) Automobile Liability. The Tenant must carry Automobile
Liability coverage. Coverage shall afford total liability limits
for Bodily Injury Liability and Property Damage Liability in the
amount of $1,000,000 per accident. The liability limits may be ."
afforded under the Commercial Policy, or in combination with an
Umbrella or Excess Liability Policy provided coverage of ridges
afforded by the Umbrella Excess Policy are no less than the
underlying Commercial Auto Lia~ility coverage.
Coverage shall be provided for Bodily Inju:I:Y~~nd Property
Damage for the ownership, use, maintenance or operation of all
owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include at least
statutoI,'y personal injury protection, uninsured motorists and
underinsured motorists coverages.
(d) Tenant Prooerty Insurance. The Tenant must keep in force
for the duration of the Lease a policy covering damages to its
property at the Leased Premises. The amount of coverage shall be
sufficient to replace the damaged property, loss of use and comply:
with any ordinance or law requirements.
(e) Hazardous Materials Coveraoe. Tenant must carry
sufficient coverage, to the reasonable satisfaction of Landlord,
for damage caused by Hazardous Materials.
(f) Adiustment to Insurance Coveraae Limits. The coverage
limits set forth herein shall be increased at the time of any
Renewal Term by the greater of the Consumer Price Index as
calculated under Paraoraph 2(a) or 25%.
e
(g) Additional Insured - Certificate or Insurance. The
Tenant shall provide, prior to tenancy, evidence of the required
JHS1()2:2JJ
sul.SO.25
7
>:'...._..:-.~----.
..-~'._:-cc~,_,_;-
insurance in the form of a Certificate of Insurance issued by a
company (rated A+ Or better), licensed to do business in the state
of Minnesota, which includes .all coverages required in this
Para~raph 11. Tenant will name the Landlord as an Additional
Insured on the General Liability. and Commercial Automobile
Liability Policies. The Certificate (s) shall. also provide the
coverage may not be canceled, non-renewed, or materially changed
without thirty (30) days prior written notice to the Landlord.
e
12. Damaae or Destruction. If the Leased Premises is destroyed or
damaged, without contributory fault of the Tenant or its agents, 50
as, in Tenant' 5 judgment, to hinder its effective use of the
Antenna Facilities, Tenant may elect to terminate this Lease upon
30 days' written notice to Landlord. In the event Tenant elects to
terminate the Lease, Tenant shall he entitled to reimbu~sernent of
prepaid rent covering the period subsequent to the date of damage
to or destruction of the Leased Premises. .
13. Lease Te~ination.
(a) Events of Termination. Except as otherwise provided
herein, this Lease may be terminated by either party upon sixty
. (GO} days written notice to the other party as follows:
(i) by either party upon a default of any covenantor
te~ hereof by the other party, which default .is not cured
within sixty ( 60) days of receipt of written notice of default
to the other party (without, however, limiti~g any other
rights of the parties pursuant to any other provisions
hereof); -
(ii) by Tenant for cause if it is unable to obtain or
maintain any license, permit or other governmental approval
necessary for the construction and/or operation of the .Antenna
Facilities or Tenant's business;
(iii> by Tenant for cause if the Leased Premises is or
becomes unacceptable for technological reasons under the
Tenant's Antenna Facilities, design or engineering
specifications or the communications systems to which the
Antenna Facilities belong;
(iv) by Landlord, if its Council decides, for any
reason, to redevelop the Leased Premises and/or discontinue
use of the Structure for all purposes; .
(v) by Landlord if it determines that the Structure is
structurally unsound, including, but not limited to,
consideration of age of the Structure, damage or destruction
of all or part of the Structure on the Leased Premises from
any source, or factors relating to condition of the Leased
Premises;
e
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5U160-2S
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(vi) or by Landlord if it determines that a potential
user with. a higher priority unde~ Subparagraph 4 (a) above
can~o~ .f~nd another adequate location, or the Antenna
F~c~1~t1es. un!eaSOnably interfere with another user with a
1;~gher pr1or1ty, regardlQss, of whether or not such an
'~nterfetence was predicted in the initial interference study
that was part of the application, process; or
(vii) by Landlord if it determines that Tenant has failed
to comply with applicable ordinances, or state or federal law,
or any conditions atta.ched to government approvals granted
thereunder, after a public hearing before the Landlord's
Council.
(b) Notice of Termination. The parties shall give notice of
termination in writing by certified mail', return receipt requested.
Such notice shall be effective upon receipt as evidenced by the
return receipt. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liabilitv for Earlv Termination. If Tenant
terminates this Lease other than of right as ,provided in this
Lease, Tenant shall pay to Landlord as liquidated damages for early
termination, 150% of the annual ~ent fo~ the year in which Tenant
terminates, unless Tenant terminates during th~ last year of any
Term under Paragraph 3 and Tenant has paid the annual rental for
that year. ::
(d) site Restoration. In the event that this Lease is
terminated or not renewed, Tenant shall have 60 days from the
termination or expiration date to remove its Antenna Facilities,
and related equipment from the Leased Premises, repair the site and
restore the surfac~ of the Structure. upon the co~mencement of
this 'Lease, Tenant shall deposit with Landlord the sum of
$5,000.00, which shall be fully refunded to Tenant upon the timely
removal of the '.Antennas Facilities, and related equipment, the
repair of the site and the restoration of the Structure surface to
the reasonable satisfaction of the Landlord. In the event that
Tenant's Antenna Facilities, and r~lated equipment are not removed
to the reasonable satisfa.ction of the Landlord, they shall be
deemed abandoned and become the property of the Landlord and Tenant.
shall have nO further ri~hts thereto. Tenant has notified the
Landlord that the following entities have an interest in the
Antenna Facilities and related equipment because of financing
arrangements:
e
If Landlord removes the Antenna Facilities or related equipment,
Landlord must give written notice to the above entities at the
addresses provided, informing them that Antenna Facilities or
related property have been removed and will be deemed abandoned if
JHS102.23:l
$>1160-25
9
.notclaimed and the storage fees and other reasonable costs paid
within thirty (30) days.
14~ Limitation of Landlord's Liabilit~. If Landlord terminates
thJ.sLease other than as of right as provided in this Lease 0
Landlord causes interruption of the. business of Tenant or for' an~
other Landlord b:r:each of tl:i~ Lease, Landlord's liability for
damages to Tenant shall be IJ.m1ted to the actual and direct costs
of equipment removal, relocation or repair and shall specifically
exclude any recovery for value of the business of Tenant as a going
concern, future expectation of profits, 105s of business or profit
or related damages to Tenant.
-
15. Temcorary Interruptiong of Service. If Landlord determines
that continued operation of the Antenna Facilities would cause or
contribute to an immediate threat to public health and/or safety
(except for any issues associated with hUman exposure to radio
frequency omissions, which is regulated by the federal goverrunent) ,
Landlord may order Tenant to discontinue its operation. Tenant
shall immediately comply with such an order. Service shall be
discontinued only for the period that the immediate threat exist5.
If Landlord does not give prior notice to Tenant, Landlord shall
notify Tenant as soon as possible after its action and give its
reason for taking the action. Landlord shall not he liable to
Tenant or any other party for any interruption in Tenant's service
or interference with Tenant's operation of its Antenna Facilities,
except as may be caused by the willful misconduct of the Landlord,
its employees or agents. If . the discontinuance extends for a
period greater than three . days, either consecutively or
cumulatively, Tenant shall have the right to terminate this Lease
within its sole discretion.
16. Tenant ~nterference
(a) With Structure. Tenant shall not interfere with
Landlord's use of the Structure and agrees to cease all such
actions which unreasonably and materially intel:fe.t"e with Landlord' 6
use thereof no later than three busin~ss days after receipt of
written notice of the int~rference from Landlord. In the event
that Tenant's cessation of action is material to Tenant's use of
the Leased premises and such cessation frustrates Tenant's use of.
the Leased Premises, within Tenant's sole dfscretion, Tenant shall
have the immediate riaht to terminate this Lease.
(b) with Hiqher Priority Users. If Tenant's Antenna
Facilities cause impermissible interference with higher priority
users as set forth under Subparagraph S(a) above or with pre-
existing tenants, Tenant shall take all measures necessary to
correct and eliminate the interference. If I:he interference cannot
be eliminated within 48 hours after receiving Landlord's written
notice of the interference, Tenant shall immediately cease
operating its Antenna Facilities and shall not reactivate
operation, except intermittent operation for the purpose of ~
testing, until the interference has been eliminated. :J:f the
JHSI022JJ
$lJ160.~S
10
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interference cannot be eliminated within 30 days after Tenant
received Landlord's written notice, Landlord may at its option
terminate this Lease immediately.
e (C) Interfe,rence Study - ~ew'06cuoants. Upon written notice
by Landlord that .l.t has. a bona ~~de reque$t from any other party to
leas~ an a;ea l.nclud1ng or :Ln close proximity t.:.o the Leased
Prem~ses (.Le~sed, Prem1ses AreaR),. Tenant ag~ees to provide
~andlord, ,w1th1n s~xty (60) days, the radio frequencies currently
1n operat1on or to be operated in the future of each transmitter
and receiver installed and operational on the Leased ~remise5 at
the. time of such r~Quest. ~andlord may then have an independent,
reg1stere9 profess:1.onal engJ.neer of Landlord t Ei choosing perform the
necessary interference studies to determine if the new applicant's
frequencies will cause harmful radio interference to Tenant.
Landlord shall require the 'new appli~ant to pay for such
interference studies, unless the Landlord or other higher priority
user requests the use. In that event, the Tenant and all other
tenants occupying the Leased Premises Area shall pay for the
necessary interference studies, pro rata.
(d) Interference - New Occuoants. Landlord agrees that it
will not grant a future lease in the Leased Premises Area to any
party who is of equal or lower priority to Tenant, if such party's
use is reasonably anticipated to interfere with Tenant's operation
of its Antenna Facilities. Landlord agrees further that any future
lease of the Leased Premises Area will prohibit a user of equal or
lower priority from interfering with Tenant's Antenna Facilities.
Landlord agrees that it will require any subsequent occupants of
the Leased Premises Area of equal or lower priority to Tenant to
provide Tenant these same assurances against -interference.
Landlord shall have the obligation to eliminate any interference
with the operations of Tenant caused by such subsequent occupants.
If such intet'ference is not eliminated, Tenant shall have the r.ight
to terminate this Lease or seek injunctive relief aaainst the
interfering occupant, at Tenant's expense.
17" Assianment. 'l'his Lease, or rights thereunder, may not be
sold, assigned, or transferred at any timQ by Tenant except to
Tenant's affiliates or subsidiaries. As to other parties, this
Lease may not be sold, assigned, or transferred without the written.
consent of the Landlord, such consent not to be unreasonably
withheld. For purposes of this paragraph, an lIaffiliate" or
.subsidiary" means an entity in which Tenant owns greater than a
50% interest. Landlord hereby consents to the assignment by Tenant
of its rights undet' this Lease as collateral to any entity which
provides financing for the purchase of the equipment to be
installed at the Leased Premises.
It
18. Condemnation. In the event the whole of the Leased Premises
is taken by eminent domain, this Lease shall terminate as of the
date title to the Leased Premises vests in the condemning
authority. In event a portion of the Leased Premises is taken by
eminent domain, either party shall have the right to terminate this
"1'/$1022))
su160-25
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Lease as of said date of title trans fer, by giving thirty (30)
days' written notice to the other party. In the event of any
taking under the power of eminent domain, Tenant shall not be
entitled to any portion of the reward paid for the taking and the
Landlord shall receive full amount of such award. Tenant hereby
expressly waives any. right or claim to any portion thereof.
Although all damages, whether awarded as compensation for
diminution in value of the leasehold or to the fee of the Leased
Premises, shall belong to Landlord, Tenant shall have the right to
claim and recover from the condemning authority, but not from
Landlord, such compensation as may be separately awarded or
recoverable by Tenant on account of any and all damage to Tenant's
business and any costs or expenses incurred py Tenant in
moving/removing its ~c:luipment, personal property, Antenna
Facilities, and leasehold improvements.
-
19. Disputes. Any claim, controversy or dispute arising out of
this Lease not resolved within ten (10) days following notice of
the dispute, .shall be submitted first: and promptly to mediation.
Each party shall bear its own costs of mediation. If ~ediation
does not result in settlement within forty-five (45) days after the
matter was submitted to mediation, either party may file a claim in
arbitration in accordance with the applicable rules of the American
Arbitration Association. The award rendered by the arbitrator may
be entered as a judgment in any court having jurisdiction thereof.
The arbitration shall be conducted in the county wher~ the Leased
Premises is located. Arbitration shall be the exclusive remedy of
the parties.
20. Enforcement and. Attorneys I l?ees. In the event. that either
party to this Lease shall bring a claim in arbitration to enforce
any rights hereunder, the prevailing party shall be entitled to
~ecover costs and reasonable attorneys' fees incurred as a result
of such claim.
21. Notices. All notices hereunder must be in writing and shall
be deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or any other adQress that the
party to be notified may have designated to the sender by like
notice) :
If to Landlord, to:
If to Tenant, to:
with a copy to:
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S:J~60-2~
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22. Authority. Each of the individuals executing this Lease on
behalf of the Tenant or the Landlord represents to the other party
that such individual is authorized to do so by requisite action of
the party to this Lease.
23. Bindina Effect. This Lease shall run with. the Leased
Premises. This Lease shall extend to and bind the heirs7 personal
representatives, successors and assigns of the par~ies hereto.
24. COUlPlete Lease: Amendments. This Lea.se constitutes the entire
agreement and understanding of the parties and supersedes all
offers, negotiations, and other agreement of any kind. There are
no representations or understandings of any kind not set forth
herein. Any modification of or amendment to this Lease must be in
writing and executed by both parties.
25. Governinq Law. This Lease shall be construed in accordance
with the laws of the State of Minnesota.
26. Severability. If any ter;m of this Lease is found be void or
invalid, such invalidity shall not affect the remaining terms of
this Lease, which shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands '.
and affixed their respective seals the day and year first above
written. ~
'.
LANDLORD:
CITY OF
;r.;~
By
Its Mayor
Ey
Itg city Manager
TENANT:
, a
corporation
By
Its
e
Jlo!S10;l~))
51.1160-25
13
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'OW." ,""~.,,_,
STATE OF MINNESOTA }
) 55
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 199_, by .
the Mayor and City Manager
respectively of the City of , on behalf of the
corporation.
Notary Public
STATE OF
)
) 55
)
I
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 199_, by T
the of , on
behalf of the corporation.
Notary Public
JMsl022J)
SU160-2S
14
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December 17. 1996
AT&T Wireless Services
2515 24th Avenl,le South
Minneapolis. MN 55406
612 721-1660
FAX 612 721-4770
Cellular Division
Ms. Modi Weldon, City Clerk
City of Stillwater
216 North 4th Street
Stillwater. MN 550824898
Via Fax # 612-439-0456
Dear Ms. Weldon:
Today we were informed that at tonight's city council meeting, you may be discussing your city ordinance
as it relates to wireless telecommunications. As we reviewed a faxed copy of your agenda, it appears that
items 3 and 4 under "New Business" apply to our industry ... they are as follows:
Item 3. Possible first reading of ordinance establishing moratorium on construction ofPCS and cellular
towers.
e
Item 4. Possible first reading of ordinance establishing regulations related to use of right-of-way of
telecommunications companies and others.
Unfortunately, we were unable to get a copy of your staff report on these issues prior to your meeting. We
would appreciate it if you would send. a copy of the staff report and minutes of tonight's meeting to us at
your eartiest convenience.
Copies of these reports will help us participate in future discussions with Stillwater. We are currently
participating with Washington County's process on these issues, as well as other municipalities in the
metro area.
We also respectfully request to be included in Stillwater's future notifications and discussions about
ordinances and procedures which may impact the telecommunications industry.
As you may know, AT&T Wireless Services has been providing wireless services to residents of the metro
area since 1984. We pride ourselves in providing high-quatity service to our customers through direct
community involvement. We look forward to participating with you in drafting ordinances which help
residents retain access to life-enhancing services.
Thanks so much for your time and help today. You can reach me or Dawn Burrows at 612-721-1660 to
discuss our requests above.
Sincerely
~
i
~~
Ma."<. W. Thompson
System Development Manager
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MEMORANDUM
TO:
Mayor and City Council I-
Steve Russell, Community Development Director
FR:
DA:
December 13, 1996
RE:
PURCHASE OF LARSON PROPERTY A PORTION OF MCKUSICK PARK
PROPERTY
City staff was directed to negotiate the purchase of four parcels of land boarded by
McKusick Road, Neal Avenue and the Minnesota Zephyr railroad line. See attached
map. An offer of $50,000 has been made for the 2.78 acre site and accepted by the
owner Mr. Bob Larson. The price is based on the site accommodating one 2.5 acre
rural lot. A previous appraisal indicated a $5,200 value for the land in the township.
At meeting time, I will have a map showing the existing condition of the site.
Recommendation: Direct staff to purchase Larson property for $50,000.
Attachment: Map
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STILLWATER
TOWNSHIP
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50TA Department oj: .Kevenue
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Commissioner's Office
St. Pa.ul, Minnesota 55146-7100
December 11, 1996
"'. .Dea! Mayor:
.~~t,-
I am writing to express extreme concern over the proposed increase in city
property taxes for 1997. Levy reports submitted to the Department of Revenue
indicate that statewide total proposed property taxes, including referendum levies,
will increase by $202 million or 4.7%. Yet, total proposed city propertY taxes will
increase by $56 million or by 8.2 percent in 1997! If adopted, this increase would
be significantly greater than the 5.1 percent increase anast year. It would also
greatly exceed the projected rate of growth in city population and inflation, which
is estimated to be approximately 4.5 percent in 1997. .
I cannot understand why cities 'are allowing this explosion of public spending to
take place when the leVy reports indicate that otherunits oflocal government are
doing a better job than cities in holding the line on property taxes. Specifically,
reports indicate that county levies will increase by 4.6 percent, township levies
will increase by 2.3 percent, property taxe~ levied by special taxing jurisdictions
will increase by 1.5 percent, and school district levies will increase by 4.0 percent.
It seems cities are taking advantage of recent growth in tax capacity which, for
taxes payable in 1997, is estimated to increase by 6.5 percent, statewide, and by
7.2 percent within city jurisdictions and I suspect much of this increase ha.-~ been
fueled by recent increases in business property market values. For taxes payable
in 1997, market values for business properties will increase by an unprecedented
nearly 8 percent. Under this scenario, a significant share of the proposed levy
increase for 1997 will be paid by business property owners.
My concern is that your actions not only increase tax burdens on businesses, but
also for future tax burdens on homeowners. In the short run, many homeowners
whose property values have not increased or are increasing at a relatively slow rate
are being treated to a false sense of security. City governments, which are .
proposing big levy increases this year, are doing their taxpayers a disservice over
the long run by this pretense. If the proposed tax increases are tied to long term
spending obligations and if market value growth continues to be volatile, then the
"unnoticed" tax increase in 1997 may, in the long run, result in higher tax rates in
the future when market value growth slows or declines. Those big levies will
hang out there, and as business values cycle down again, they will corrie crashing
. .back down on homeowners.
- over -
An equal opportunity employer
TDD: (612) 297-2196
--------- ------"-.._-~--........--~~_._."......
"""""'.""-.
December 11, 1996
Page 2
In additio~, I would like to remind you that I, along with Governor Carlson,
strongly support the current price of government resolution which recommends
that total state and local government revenues decline from 18.2 percent of state
personal income during this current biennium to 17.8 percent for the FY1998-99
biennium. Ultimately, the success of meeting these revenue targets depends on
voluntary compliance. However, the overall responsibility to ensure that the
targets are achieved rests with the Governor and Legislature. If city tax and
spending policies put the state in the position to cut back on its own spending in
order to meet the price of government resolution, then one of the first places we
will look to will be aid to local governments. Specifically, irresponsible tax and
spending decisions by city governments may lead the state to cut LGA and impose
direct limitations on the ability of cities to raise revenues.
I hope you share my concerns about the proposed city levy increases for 1997. I
know your taxpayers will, once we explain the long term implications. I urge you
to hold your 1997 property tax levy increase to a responsible level and provide
city taxpayers with the relief they deserve.
Sincerely,
l:::ra: ~
Commissioner
\,
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FRlDAyF AX
A weekly legislative update from the League of Minnesota Cities
Yol.I,No 14
December 13, 1996
Commissioner of Revenue criticizes city levies
City officials bristle at content, tone ofletter
Many of you have seen a letter sent
by the Commissioner of Revenue to
all mayors that chastised city officials
for the propos( levy increases for
1997. According to Commissioner
Jim Girard, "I cannot understand why
cities are allowing this explosion of
public spending to take place when
the levy reports indicate that other
units of government are doir .. a better
job than cities in holding the line on
property taxes."
_The commissioner's letter states
city property taxes are proposed
Increase by 8.2 percent in 1997.
This compares to county levies that
are proposed to increase by 4.6
percent, townships by 2.3 percent,
special taxing districts by 1.5 percent
and school districts by 4.0 percent.
Aren't these only proposed
levies?
Bingo. Understate law, cities
must specify the maximum property
tax that they will levy for the upcoming
year. These levies are not final. In
fact, during the 1996 budget cycle,
cities reduced their preliminary levy
increases from 6.9 percent to 6.1
percent.
Are the figures accurate?
Yes and no. The preliminary
levies as certified on September 15
.id show an increase of slightly more
than 8 percent over the 19961evels.
However, the figures do not account
for a number of significant factors that
distort the percentage increase for
cities. For example, several cities in
the metro area were authorized to opt
out of the metro transit property tax
and levy their own taxes for transit
operations. Although the impact of
this change will be a wash for taxpay.
ers, it will appear that city levies are
increasing by $7.8 million while MCTO
levies are decreasing. This alone
reduces the increase in city levies to
about 7.0 percent.
Other events such as the annex-
ation of Frankfort Township by the city
of St. Michael are not considered.
The city's population more than
doubled under the annexation and the
city's levy increased substantially.
However, no offsetting adjustment
was made by the Department of
Revenue.
Aren't there perfectly justifiable
reasons for levy increases?
We have heard from cities that
they are increasing their levy to
finance wastewater treatment im-
provements or to upgrade roads for
major business expansion. If your city
has an interesting story to tell, please
contact the Eric Willette at the League
as well as your representative and
senator.
If these levies are preliminary,
why the letter'?
We cannot be sure. Last year,
city officials received a similar, but
less confrontational letter from the
fotmer commissioner of revenue
criticizing the proposed levy in-
creases for 1996. When the dust
settled, the final certified city levy
increases were reduced by 25
percent. In addition, the remaining
increases were actually within the
price of govemment targets, even
though the POG targets are actually
non-binding and not intended to apply
to individual cities.
What about the state's surplus'?
The recent state forecast indi-
cated that the state would have a $1.4
billion surplus by the end of the 1998-
99 biennium. This surplus includes
$330.5 million in new tax revenues for
fiscal year 1997. Although the
Commissioner criticizes cities for
capitalizing on property tax base
grovvth, the state in fact is generating
all of its tax revenue increases from
growth in the state tax base.
We are continuing to analyze tile
letter and plan a detailed response
next week.
For more i,,!<)rmatioll Qn city legislative issues, CO/ttact any member of the League of Minflesota Cities Intergovernmental RelatiotlS team.
S3 I1 IJ hlW ..:JO 3n:Jtl3l J...Jd9t>: SO 96 , E1 J3G
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9.
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10.
11.
12.
2:35
W ASIllNGTON COUNTY
Dennis C. Hegbe,g
District 1
***NOTICE CHANGE IN TIl\1E***
COUNTY BOARD AGENDA
DECEMBER 17, 1996, 1:00 P.M.
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dave Engstrom
District 5/Chal,
Roll Call
Consent Calendar
Public Works Department -. D. Wisniewski, Director
Jurisdictional Transfer of CSAH 36, CR 62, CR 79 from County to Local Jurisdiction
Court Services Department - R. Reetz, Director
1997 Annual Comprehensive Plan
Accounting & Budgeting - J. Devine, Controller
Certificate of Achievement-Excellence in Financial Reporting
Sheriff's Office - J. Frank, Sheriff
U.S. Department of Justice Grant for $75,000
H.E.L.M. Department - M. McGlothlin, Director
Pilot Program for Collection of Hazardous Waste from Qualifying Businesses
General Administration - J. Schug, County Administrator
A. Public Hearing Comments on Cottage Grove Tax Increment Financing
Modification
B. 1997 County Budget and Tax Levy for 1997
C. 1997 Salaries for Elected County Officers
D. County Commissioners' Salaries and Expense Reimbursement for 1997
Discussion from the Audience
Visiton may share their concerns with the County Board of Commissionen on any item not on the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be reperirious of previous speaken and to
limit your address to Jive minutes.
Commissioner Reports - Comments - Questions
This period of rime shall be used by the Commissionen to report to thejUll Board on comminee acriviries, make comments on matters
of interest and informalion, or raise queslions to the staff. This aclion is not intended to result in substanlive board aclion during
this lime. Any acrion necessary because of discussion will be scheduledfor a Juture board meering.
Board Correspondence
Adj ourn
***MEETING NOTICES LISTED ON BACK SIDE***
Assistive listening devices .re available for uu in the County Board Room.
If you need eU3tlJnce due to di>>bi/ity or Ienl1lMl1e barrier, p/eeu cell 43().6000 (TOO 439.3220/
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
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CONSENT CALENDAR**
DECEMBER 17, 1996
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the December 3, 1996 Board Meeting minutes.
B. Approval to appoint Patrick Mosites, Cottage Grove, to the Parks and Open Space Commi...ion to a first term
expiring December 31, 1999.
e
C. Approval to reappoint County Surveyor, Larry Nybeck, to a new four-year term beginning January I, 1997 and
ending December 31,2000.
D. Approval to reappoint County Assessor, Scott Hovet, to a new four-year term beginning January I, 1997 and
ending December 31, 2000.
E. Approval of receipt of funds f,om the Metropolitan Council for work on an Open Space Design Development
Ordinance.
Accounting & Budgeting
F. Approval to authorize the County Controller to disburse $68,220 for the Rice Creek Watershed Locke Lake
PlOject.
Auditor-Treasurer
G. Approval of resolution recommending approval of an Application for Conveyance of Tax Forfeited Land to the
City of Stillwater for an authorized public use.
Community Services
H. Approval to appoint Ernest Theodore Pines, Community Education Director, to the Workforce Council to a fill
an unexpired term to June 30, 1997 with a new term beginning July I, 1997 through June 30, 1999.
I. Approval of Minnesota Youth Works/ Americorps Program grant in the amount of $42,4S3 to operate October I,
1996 through June 30, 1997.
Health, EnvilOnment
and Land Management
J.
Approval of contracts with the City of Grant for Planning/Zoning Consultation services, building inspection services
and on-site septic inspection services for the period from November 12, 1996 through December 31, 1997.
K. Approval of tbe following contracts/agreements between Washington County and: MPCA for operation of the
Hnusehold Hazardous Waste Program; Rollins (Aptus) for Household Hazardous Waste Management Services; and
Northern States Power for collection of nuorescentlamps.
Human Resources
L. Approval of unpaid leave of absence to hold elected office for Douglas Swenson in the County Attorney's Office
beginning January 2, 1997 and continuing to the end of the 1997 session expected to end on or about May 30,
1997.
Public Works
M. Approval of 1997 Meet and Confer Agreement with non-union employee groups including Department Heads,
Confidential Supervisors and Confidential Employees.
N. Approval of resolution final payment to Tower Asphalt, Inc. for road reconstruction on CSAH 21.
O. Approval and execution of agreement with the Star Trail Association for a snowmobile trail easement on the
abandoned Burlington Northern Railroad road bed.
P. Approval of resolution final payment to River City Aspbalt, Inc. for gravel crushing at the Schroeder Pit.
Q. ApplOvalto advertise for bids for carpet installation in County buildings.
R. Approval of resolution awarding the bid for construction on CSAH 14 and CSAH 21 in Bay town Township, to .
Tower Asphalt, Inc., conditioned upon the execution of a contract as approved by law.
S. ApplOval of resolution awarding the bid for construction on County Road S2 in New Scandia Township to Dresel
Contracting, Inc. conditioned upon the concurrence of New Scandia Township and upon the execution of a contract
as approved by law.
T. Approval of resolution awarding the bid for conslroction on CSAH 12 and CSAH 36 in Mahtomedi to Tower
Asphalt, Inc. conditioned upon the concurrence of City of Mahtomedi and upon the execution of a contract as
approved by law.
.COftIC!nt Calendar itemt arc ,cnenlly defined II ile.... or routine bUline... not requirina diKUlliOll, and approved in one v,*.
Commiuionen may elect to pull . COIlIent Calendar item(l) for diKUllion and/or tcparate action.
...........................................................................
REMINDER:
No Board Meeting on December 24, 1996 (Holiday)
No Board Meeting on December 31, 1!1!16 (Fifth Tuesday)
MEETING NOTICES
Date
Committee
Time
Location
Dec. 17
Dec. 18
Dec. 18
Dec. 18
Dec. 19
Dec. 19
Dec. 19
Dec. 26
. Mental Health Advisory
. Planning Advisory Commission
Plat Commission
Transportation Advisory
Community Corrections
Workforce Center
MELSA
Metro TAB
4:00 p.m.
7:00 p.m.
9:30 a.m.
2:00 p.m.
7:30 a.m.
8:00 a.m.
12:00 p.m.
12:30 p.m.
IS84 Hadley Ave. Oakdale City Hall
Washington County Government Center
Washington County Government Center
230 E. Sth 5t. - Mears Park Centre
Lake Elmo Inn - Lake Elmo
Washington County Government Center
S70 Asbury St. Room 201 . St. Paul
230 E. Sth Street - Mears Park Centre
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Auociation of
Metropolitan
M unici palitie~
BULLETIN
December 13, 1996
FROM:
Mayors
Managers/Administrators
~t Peterson, Executive Director
TO:
RE:
Vacancies on AMM Board
BOARD OF DIRECTORS VACANCIES - NOMINATIONS SOLICITED
There will be three vacancies on the AMM Board effective in January of 1997. Mayor
Bev Schultz of Bayport, Mayor EI Tinklenberg of Blaine, and Councilmember Kirk
Schnitker of Champlin are leaving city office at the end of 1996. The officials
selected to fill these vacancies will serve the balance of the terms and then will be
eligible for re-election. (Two terms end in June of 1997 and the other ends in June of
1998).
The AMM Board consists of 19 city officials and is responsible for the overall
direction of staff, approval of the annual budget and work program, establishment of
the annual dues schedule, determination of yearly legislative priorities and
appointments to the Transportation Advisory Board (TAB), Technical Advisory
Committee (T AC), the Metropolitan Radio Board and the Metro GIS Policy Board.
The Board meets the second Thursday of each month at 7:00 p.m.
Nominations are solicited from all parts of the metro area and can be either elective or
administrative officials.
Action requested
The nominations should be in written form, including a brief resume of the nominee,
and should be sent to the attention ofVern Peterson. Nominations should be received
in the AMM office by no later than Monday, December 31,1996.
Please call Vern Peterson at 215-4000 should you have questions or want more
detailed information. Thank you.
145 UniV(l'lity AVtl1\1( Wtlt
Saint Paul, MiMtsOti 551ol- 2D44
(bll) 115-4000
fax: l!I-llljq
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Standnn:l & Poor's presents:
Regional Capital Planning and Management for Local Governments
Thursday, December 19, 1996
Marriott Bloomington, Mall of America
2020 East 79th Street
Bloomington, Minnesota
e
Local governments are challenged increasingly to enhance service delivery witb limited financial resources. Join
Standard & Poor's and experts from the public and private sector, in a discussion of regional cooperation in tax-sharing,
capital budgeting and debt management. The speakers will address the regional economic and financial challenges which
make capital planning unique in Minnesota. Discussions will identify the broad political and institutional constraints and
make practical recommendations for successfully achieving infrastructure goals.
8:00 a.m. Registration/Coffee Service
Martha Larson, Director of
Finance, City of Saint Paul
Dr. David Wellergren, Superinrendent,
Stillwater School District
Patrick Hentges, City Manager,
City of Mankato
Daniel O'Neill, Executive
Vice President, Springsted, Inc.
8:30 a.m. Welcome & Introduction
Sarah Eubanks, Director,
Standard & Poor's, Chicago
8:45 a.m. The Regional Economic Environment
& Challenges
· Competitive issues
· Role of the public sector
· Economic alternatives
· Benefits of interdependency
· Coordinated approach
Lyle Wray, Executive Director,
Citizens League
PaulAnwn,Presiden4
Anwn & Associates
11:30 a.m. Regional Credit Considerations
· Credit ratings outlook for the region
· Factors supporting stronger ratings
· Comparisons to other regions
Joseph O'Keefe, Director,
Standard & Poor's, Chicago
11:00 a. m. The Coordinated Capital and
Debt Management Plan
· Organization and use
· Debt structuring
David MacGillivray, Principal,
Springsted, Inc.
9:45 a.m. Coffee Break
10:00 a.m. Practical Efforts in Regional
Capital Planning .
· Components of coordinated regional
capital planning and debt management
· Professional perspectives
John Moir, Director of Finance,
City of Minneapolis
12:00 p.m. Luncheon: Legislative Issues Overview
Wayne Simoneau, Commissioner of
Finance. Slate of Minnesota
Registration Infonnation: A non-refundable $20 registration fee per person. Pre-registration is mandatory. Simply
complete the registration form and return it to us with payment in the enclosed envelope, or fax your registration to
(212) 208-0076 and fo/Ward payment separately. For additional information, please call Donna DiGrandi at
(212) 208-1999.
---------------------------~-------------------------------------------
REGIONAL CAPITAL PLANNING REGISTRATION FORM
Please enter reservation(s) for the December 19, 1996 conference in Minnesota.
The registration fee of $20 per person is enclosed.
Please type or print: Additional Attendees:
Name (1)
Title 2.
Company 3.
Address 4.
City 5.
Slate Zip 6.
Telephone Fax e
..:i.~~:;" __~_,
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1:00
1:00
1:10
1:20
1:35
1:50
2:00
to
3:00
W ASIllNGTON COUNTY
Dennis C. Hegberg
District 1
***NOTICE CHANGE IN TIME***
COUNTY BOARD AGENDA
DECEMBER 10, 1996,1:00 P.M.
Mary Hauser
District 2
Wally Abrahamson
District 3
My,a Peterson
District 4
Dave Engstrom
District S/Chelr
Roll Call
Consent Calendar
Public Works Department - D. Wisniewski, Director
Regional Park Agency Reciprocal Revenue Program Agreement with Hennepin Parks
Sheriff's Office - J. Frank, Sheriff
City of Grant Police Services Agreement
General Administration - J. Schug, County Administrator
1997 Legislative Initiatives
Discussion from the Audience
Visitors may share their concerns with the County Board oj Commissioners on any item not on the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious oj previous speakers and to
limit your address to five minutes.
Commissioner Reports - Comments - Questions
This period oJtime shall be used by the Commissioners to repon to thejUll Board on committee activities, make comments on matters
oj interest and inJonnation, or raise questions to the staJl. This action is not intended to result in substantive board action during
this time. .Any action necessary because oj discussion will be scheduledJor ajUture board meeting.
Board Correspondence
Adjourn
Workshop with H.E.L.M. Department - Room looB
County Recycling Program
.................................**.............*.*..**....*...*.
Date
Dec. 10
Dec. 11
ec. 12
. 12
E: .,~."
MEETING NOTICES
Committee
Time
Location
Holiday Taste Testing
Mosquito Control Commission
Community Social Services
Metro TAB
11:30 a.m.
8:30 a.m.
8:00 a.m.
12:30 p.m.
Washington County Government Center
2099 University Avenue West - St. Paul
Lake Elmo Inn - Lake Elmo
230 E. 5th St.-Mears Park Centre
Assjstive listening devices .r. evaiJable for uu in the County BtMrdRoom.
If you need ewstltnce due ro diability '" IIInguege berrier. pi"""" c.II43().6000 (TOO 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
DECEMBER 10, 1996
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The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the November 26, 1996 Board Meeting minutes.
Assessor
B. Approval of the Assessment Agreement between the City of Cottage Grove and
the Washington County Assessor's Department.
Auditor-Treasurer
C. Approval of resolution authorizing the repurchase of tax-forfeited properties by
Clarence J. Girgen, owner.
Human Resources
D. Approval to create a new band and grade of B2-6 in the Decision Band Job
Evaluation System.
Public Works
E. Approval of resolution releasing ambiguous highway easement on County Road
74 in the City of Cottage Grove.
F. Approval of Change Order 16 relating to the Courts remodeling project,
construction of a special fire sprinkler for the Information Services computer
room.
G. Approval of resolution awarding the bid for the lease of agricultural land at
Ceridian Recreational Area to the highest responsible bidder, Gordon and
Myron Tank in the amount of$1l3.1O per acre conditioned upon the execution
of a lease as approved by law.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved
in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
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I.
It.
III.
AGENDA
CITY OF OAX ~ARX HEIGHTS
TUESPAY, December 10, 1996 -- 7:00 P.M.
~all To Order
Employee Recospition
1. Public Works Director Roger Benson
Enelosure 1
Council Recognition
1. Councilmember Dean Kern
2. Former Mayor Barb O'Neal
IV. Visitor Comments. Oues~ions~ or Concerns
1. Rick Wells - 5857 Olinda - Complaint Regarding
Parking Ticket
Enclosure 2
v.
VI.
VII.
VIII.
.--
IX.
."'-,
2. Wes Butler - washington County Housing &
Redevelopment Authority (BRA)
pepartment Repo~t~
1. police
2. Parks
3. Administration
4. Cable
5. Water Management Organizations
6. Recycling Award
Enclosure 3
7. Garbage Committee
8. OPH Business Group
Consent Agenda (Roll Call Vote)
Enclosures'4, 4S, 4C, 4D, 4E, & 4F
Un~inished Business
New ~u.s1ness
1. City Election Needs
En<=losu~e 5
2. Bridge Lobbying Proposal
Enclosure 6
CorresPQncj~~
1. List of 1997 Appointive Offices
Enclosure .,
e Adj ournment:
_. '.'-'~'~."-.'-"-'-"----"~._~-"":'"'~''''-''''''~'''~''''''''''''':'''
~
Chair:
A2enda:
Minutes:
Treasurer:
Attornev:
Planner:
En2ineer:
Public Works:
Clerk:
Committees: .
People - 8:30 PM:
Old Business:
New Business:
Note:
Stillwater Township
December 12, 1996
Johnson
e
7:30 p.m.
Regular Meeting
Adopt
approve Minutes November 14, 1996.
1. Claims & Checks
1. Letter re: Palmer
2. Plat Signature Resolution
3. Roadside Garbage Contract
4. Terms of Office Clarification
S. Attorney Billing Rate Change
1. Miscellaneous
1. Escrow Amount Private Developers
2. Hunter's Ridge Letter of Credit
3. Summary of Metro Division's Draft Transportation Plan
1. Roadwork Candidates
2. Crysteel Bill
3. Representatives to County Road Meetings
1. Escrow
2. Miscellaneous
1. Planning and Park Committee Positions: D. Laird, H. Cameron
1. Updates from any Special Meetings
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12/7/96
Pat Bantli
... 11 ..~
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METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and
three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and
Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings
should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at
229-3780 and on web page is at: www.metrocouncil.org Comments on Council issues can be made by electronic mail at
data.center@metc.state.mn.us or by calling the Public Comment Line at 291-6536.
DATE: December 6,1996
WEEK OF: December 9 - December 13
METROPOLITAN COUNCil..
Managed Competition Review Committee - Monday, Dec. 9,4 p.m., Room IE.
Southeast Regional Plant Siting Work Group - Tuesday, Dec. 10,3 p.m., Room 2A.
Environ.ment Committee- Tuesday, Dec. 10, 4 p.m., Chambers. The committee will consider:'approval of
Lakeville cost sharing agreement; authorization to extend additional offers and enter into agreements with
communities for the III Grant Program; authoriza.tion to combine Metropolitan Wastewater Treatment Plant
centrifuge procurement and Metropolitan Wastewater Treatment Plant full-scale centrifuge demonstration
contract change order authorization; Water Resources. Management Policy Plan; and other business.
Core Cities Issues Work Group - Wednesday, Dec. 11, Noon, Smiling Moose, Calhoun Square, 2nd
Level, 3001 Hennepin Ave. S., Minneapolis.
Executive Committee - Thursday, Dec. 12, 8 a.m., Nicollet Island Inn, 94 Merriam St., Minneapolis.
Providers Advisory Committee- Thursday, Dec. 12, 10:30 a.m., Room 1A. The committee will consider:
Metropolitan Council 1997 legislative initiatives; timed transfer guidelines; regional transit identity update;
acceptable identification for limited mobility bus fare; and other business..
Joint Meetlng/Land Transportation Committee and TAC Funding and Programming Committee-
Thursday, Dec. 12, 2 p.m., Room 2A. The committees will consider: review and discussion of requested
roadway functional classification changes in the City of Eagan; review and comment on the draftMetro
Division Transportation System Plan; and other business. ..
Committee of the Whole - Thursday, Dec. 12, 4 p.m., Room lA. The committee will review public
comments regarding Growth Management Strategy and related policy plans.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and
agenda are subject to change. For more information or confmnation of meetings, call 291-6447 , (TDD 291-
0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings.
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TENTATIVE MEETINGS TIlE WEEK OF DECEMBER 16 T\lROUGH DECEMBER 20, 1996
~-
-' --,
.
Community Development Conunittee- Monday, Dec. 16, Noon, Room lA.
Special Meeting o!Transportatlon Committee - Monday, Dec. 16, 4 p.m., room t<> be ckterIDined.
Finance Committee _ Monday, Dec. 16,4 p.m., Room 2A.
Industr1al Rale System Task For<:e _ TnesdaY, Dec. 17, 7,30 a.m., Senec' WasteWateI Trea- Plant,
3750 Plant Rd., Eagan.
Land Use Advisory Committee- Tuesday, Dec. 17,8:30 a.m., Room lA.
Environment Committee- Tuesday, Dec. 17,4 p.m., room to be detennined.
Metropolitan Parks and Open Spaee Commission - TuesdaY, Dec. 17, 4 p.m., (;harDberS.
Briefing for Newly Elected Lueal Officials - Thursday, Dec. 19,7,30 a.m., Metropolitm Counties
Government Center, 2099 University Ave., St. Paul.
Metropolitan Council- Thursday, Dec. 19,4 p.m., Chambers.
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Community Development Committee Meeting of December 16, 1996 ~ Sf' ~
METROPOLITAN COUNCIL / /
Mears Park Centre, 230 E. Fifth Street, St. Paul, Minnesota 55101-1634 -=t: ~
Phone (612) 291-6359 TDD (612) 291-0904 FAX (612) 291-6550 Metro Info (612) 229-3780
'..
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DATE:
December 9, 1996
TO:
Chair and Members of Community Development Committee
FROM:
Wayne Nelson, (291-6406), Office of Local Assistance
SUBJECT:
Livable Communities Tax. Base Revitalization Account Funding Recommendations
EXECUTIVE SUMMARY
ISSUE: Approval of five projects for approximately $2,700,000 in Tax. Base Revitalization Account (TBRA)
funds.
POLICY IMPLICATIONS: These proposals are consistent with and implement the Regional Blueprint and
the Metropolitan Livable Communities Act.
PREVIOUS ACTIONS: In June of 1996 the Council approved $3,802,864 in grants from the $6,500,000
expected to be available for the year. This leaves $2,697,136 to be awarded in this fall funding cycle. The actual
availability figure is $3,250,000 and the difference between these figures reflects advance awards made in the
spring funding cycle. In July the Council reviewed the ranking criteria and added five point bonuses for
projects that would not capture tax base increases in tax increment finance districts and projects with a
committed end use developer. The Council also directed staff to work jointly with Department of Training and
Economic Development (DTED) staff to rank projects according to criteria established by the Council.
Accomplishments anticipated from spring funding:
Increase in net tax capacity
Acres cleaned
New jobs
Private redevelopment funds leveraged
$1,700,000
50
1,031
$40,000,000
DISCUSSION: The Council issued a Notice of Availability of Grant Funds in August; and held workshops
collaboratively with DTED and the MN Pollution Control Agency (MPCA) in September. Eight applications
were received by the November 15, 1996 deadline. The four applications from cities of the first class were
submitted jointly to DTED's Contamirtated Site Clean-up Fund.
The application from Andover was rejected because this community is not participating in the Metropolitan
Livable Communities Housing Incentives Program. The application from St. Francis was withdrawn because
most of the request was determined to consist of ineligible acquisition and utility extension expenses and a joint
application with DTED would be required for some of the desired clean-up. The applications for the Schnitzer
and Watkins sites were analyzed together for ranking purposes because the proposed redevelopment by
Hubbard Broadcasting would occur on both sites, although the clean-ups would be separate.
-~
If the requests exceed the available funds for an application cycle, Livable Communities Act requirements prohibit
awarding more thiO. half the funds to a single city or more than three-quarters of the funds to cities of the first
class. Since the requests exceed the $3,250,000 available for this cycle,the limit for a single city is $1,625,000
and the limit for Minneapolis and St. Paul projects is $2,437,500 plus any funds not allocated to the other cities. - A
St. Paul projects exceed the single city limit and Minneapolis and St. Paul projects exceed the limit for cities of .,
the first class. Eligible requests from the other communities are well within the quarter of the funds reserved for
them. Negotiations will be initiated with the applicants to reduce non-essential budget components so that more
projects may receive funding at acceptable levels. Since the DTED funding priorities are likely to differ from the
Council's, these negotiations may be critical to identify projects and funding levels that are workable between the
two funding programs. The exact amount of available TBRA funding will not be known until HACA payments
are received about year end.
Attached are tables showing the rankings and project information along with a narrative description of each
project.
Accomplishments anticipated from the recommended fall projects:
Increase in net tax capacity $1,020,000
Acres cleaned 46
New jobs 650
Private redevelopment funds leveraged $37,426,000
RECOMMENDATION: That the Metropolitan Council award fall TBRA grants as follows:
1) Full funding for:
St. Paul Port Authority - Williams Hill ranked # 1,
St. Louis Park - 4820 Excelsior ranked #2, and
Stillwater - Maple Island ranked #5;
2) Partial funding for St. Paul/MCDA - SchnitzerlWatkins ranked #3, to the extent of the 50% single city
limit ($1,625,000) for the St. Paul portion of this project plus the requested amounts for the Minneapolis
portion and the Watkins site, and
3) Partial funding for MCDA - Block 43 ranked #4, to the extent of the funds remaining for distribution
after awarding the eligible amounts for the other projects.
Partial funding is contingent upon a commitment from each applicant to undertake their proposed projects within
the recommended funding level.
Based on the current estimate of available funds, the awards are as follows:
St. Paul Port Authority - Williams Hill- $714,500
St: Louis Park - 4820 Excelsior Ave. ~.ir ~
Stillwater - Maple Island - $182,628
St. Paul/MCDA - SchnitzerlWatkins '- , , 01
MCDAlMinneapolis - Block 43 $345,507
Total $2,697,136
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PAGE A14 · STAR TRIBUNE
Our perspective
MONDAY, DECEMBER 1601991" I
Metro growth
A strategy of good intentions
-
,41
, In a better warld, perhaps it wauld
be passible to. celebrate as an event af
supreme impartance the Metrapalitan
Council's expected adaptian Thursday
oh new regianal grawth strategy. The
strategy, after all, is suppased to. guide
tij'g regian's expansian far the next
q~rter-century - a periad in which
al:!put a third as much new urban
d~yelapment will accur as already ex-
is!~in the seven-caunty area. Getting
that physical grawth right (and in the
rirht lacatians) is crucial to. the metra
area remaining a gaad place in which
to. live and do. business.
This, hawever, is the real warld -
where even the best-intentianed and
well-canceived urban plans are taa af-
ten left to. gather dust an the back
shelves af the agencies that drew them
up. Met Cauncil plans have generally
praved no. exceptian, fueling skepti-
cism that this effart will prave any.
different. It's abviaus fram what can
be seen an the graund that urban
sprawl cantinues unabated, to. the
paint that it is naw leapfragging into.
areas beyand the cauncil's seven-
caunty jurisdictian.
The Met Cauncil's new strategy is
actually fairly stringent in the amaunt
af further autward expansian it wauld
allaw. Twa-thirds af the grawth ex-
pected to. accur aver the next 25 years
~auld have to. fit within the part af
tne.Twin Cities area enclased by the
co"uncil's current MUSA (Metrapalitan
Urban Services Area) line. The MUSA
wauld be expanded anly enaugh to.
accammadate the remaining third.
. But there is no. indicatian sa far af
the palitical will required to. make that
happen - either by the cauncil itself,
by the gavernar who. appainted its
members, by the Legislature that cre-
ated and empawered the cauncil, ar
by the lacal gavernments whase plans,
zl?!!ing cades and develapment pali-
cies are suppased to. flesh aut the
regianal planning skeletan. Sa what
reasan can there be to. hape that this
plan might replace the usual mix af
greed, appartunism and palitics as the
guiding farce far regianal grawth?
Actually, there is same reasan far
such hape. The grawth strategy has
generated a surprising amaunt af
grass-roats public discussian - the
best way yet faund in a demacratic
saciety to. get paliticians to. also. pay
attentian.
Mareaver, many af the factars that
have fueled urban sprawl in the past
may be running aut af steam. At a
time, far example, when Minnesata
can barely affard to. maintain the road
system it already has, the natian may
no. lang,-r be valid that a new residen-
tial cammunity can be develaped aut
an the urban fringe in expectatio.n af
majar highway impravements caming
alang later.
Next, same taals are beginning to.
fall into. place to. encaurage reinvest-
ment and redevelapment in alder
parts af the metro area. The Livable
Cammunities Act shaws particular
pramise with its funds far cleaning up
palluted "brawnfields." A recent state
law giving tax advantages to. transit-
related develapment projects may
have similar potential. especially if the
Met Cauncil's promatian af high-ser-
vice transitways bears fruit. .
But there are challenges taa. One af
the biggest may be to. gain public and
palitical acceptance af the madestly
higher densities likely to. result fram
any successful effart to. redirect new
develapment away fram the urban
fringe.
Then there's the crucial need far a
statewide land-use planning law set-
ting growth cantrols autside the sev-
en-caunty metro area. Otherwise, as
cauncil afficials themselves cancede,
the harder the agency tries to. limit
o.utward urban expansian within its
jurisdictian, the mare it might simply
encaurage new develo.pment to. leap-
frag beyand its lawful reach.
Sa daes that mean the Met Cauncil
is even naw preparing to. take the next
lagical step af asking the 1997 Legisla-
ture to. pass such a statewide land-use
planning law? Nat accarding to. caun-
cil afficials, who. fear that such advaca-
cy wauld be viewed as self-serving.
Better, they say, that sameane else
take the lead.
Yet if the Met Cauncil isn't willing
to. go. to. bat far the measures needed
to. implement its awn grawth strategy,
who. will? The cauncil has almast 30
years' experience drawing up regianal
plans and has shawn itself to. be pretty
gaad at it. But anly when the cauncil
also. shaws leadership in getting thase
plans carried aut can ather leaders be
expected to. caaperate in making thase
plans real guides to. the Twin Cities
area's future.
..
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December 12, 1996
STILLWATER TOWN BOARD MEETING
Town Hall
7:30 P.M.
PRESENT: Chairperson David Johnson; Supervisors David Francis,
Louise Bergeron, Sheila-Marie Untiedt and Jerry Hicks.
Also, Planner Meg McMonigal, Engineer Paul Pearson and
Attorney Tom Scott.
1. AGENDA - M/S/P Bergeron/Hicks moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Francis/Untiedt moved to approve the 11/14/96
Stillwater Town Board Meeting Minutes as written. (4 ayes Hicks abstain)
3. TREASURER-
1. Claims #1336 through #1389 were approved
for payment.
2. Escrows discussed:
a. Schroeder, Laabs, Busse balance being
returned.
b. Peterson will be billed for legal fee re:
Estelle lot changes.
c. McMillan charges to be reviewed by the
Planner.
d . R '0 b e r t s e s c row d e f i c i t r e c ei v e d .
e. Sch06l Distritt C.U.P. deficit of" $12.60
to be written off.
4.
ATTORNEY -
1. Art Palmer's Attorney contends that Palmer's
property being put in Phase III of the Orderly
Annexation Agreement is a temporary taking of
his property. Mr. Scott will respond to him
that he does not agree.
2. M/S/P Francis/Untiedt moved to approve a
Plat Signature Resolution 12-96-1. (5 ayes)
Chair and Clerk authorized to sign plats.
3. Roadside Garbage Contract sent to Larsons.
Not back yet.
4. Terms of office clarified. Township Officials
take office at the appropriate time after the
General Election and not in January.
5. Tom Scott spoke about the changes in billing
rates for legal fees.
M/S/P Francis/Bergeron moved to accept the
Attorneys new billing rates. (5 ayes)
6. M/S/P. Francis/Bergeron ~oved to authorize
the Chair to sign the McMillan C.V.P.
(5 ayes)
7. Sheila-Marie Untiedt spoke about hiring
practices, specifically the Veterans
Preference Act.
'-~"""~-"~"'-""""'~~~..,._...u ~. ___._~'-"""""""_'''''''''--_'_____ ___..._.
Stillwater Town Board Meeting - 12/12/96
Page Two
5. PLANNER-
1. The concept of a Septic System Ordinance
will be explored by the Planning Commission.
The Planner will notify the Planning Commission.
2. Scott Roberts appears to be ready to submit his
subdivision application (a Park Meeting will be
Necessary).
3. Heinigs plan for a minor subdivision was
reviewed. Survey not received yet.
4. Planning Checklist being reworked for the next
meeting.
e
6. ENGINEER-
1. Asked to have security funds for subdivisions
not only as a Letter of Credit but partially
in cash that is readily available to be used
to finish work that is not being co~pleted in
a timely fashion. Consensus that $1,000.00
cash would be acceptable to see how it works.
2. M/S/P Hicks/Bergeron on the Engineer's
recommendation, moved to reduce the Hunter's
Ridge Letter of Credit to $23,500.00. (5 ayes)
(The Attorney will notify Leon Opatz about the
reduction.)
7. PUBLIC WORKS -
1. Tony Cuiffo submitted an application for
a Roadwork Position. (Louise Bergeron will
tell him to appear at the next meeting.)
2. Washington County wants representatives from
County communities to meet regarding upcoming
road projects.
3. County has communicated about striping service.
(Louise Bergeron will respond.)
4. David Francis brought up the matter of ice
control chips. The roadworkers will be
encouraged to give them a try.
8. ORGANIZATIONAL/lEVY MEETING - A meeting is set for 7:30 p.m. on January
7,1997.
9. COMMITTEE APPOINTMENTS - M/S/P Hicks/Francis moved to appoint Heather
Cameron to a 3 year Park Committee term and David laird and Carole Yoho to
3 year Planning Commission terms. (5 ayes)
10. MEETINGS -
1. Report given re: the Mat Annual Meeting
attended by two Supervisors. Suggested
we use the Associations legal resources
more often. Also that if there is to be
an exchange of responsibilities with the
City of Stillwater a simple agreement be
drawn up.
2. SAEDC lives again. David Johnson is on
the Board.
e
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,-
~.
Stillwater Town Board Meeting - 12/12/96
~11. ADJOURNMENT - Meeting adjourned at 10:12 p.m.
Page Three
Clerk
Chairperson
Approved
e
e
. ORDINANCE NO. 116
~ > .J
STILLWATER TOWNSHIP
WASHINGTON COUNTY, MINNESOTA
A~ ORDI~".NCE, AMENDIN,G. O~DINANCE
- -'-.. +'.' -.
. NO. 103 REGULATIN~ MINING
THE BOARD OF SUPERVISORS OF
STILLWATER TOWNSHIP ORDAIN:
. Section l.Tp~ first paragraph of Section 1.
of Ordinance No;' 103 Is amended to read as
follows:: . , '. .
Section 1. Chapter 6 of the Washington
County Model Code, as adopted by the
Washington County Board of Commissioners
as Ordinance No. 85 on December 18, .1990,..
as amended July 16, 1996 is hereby adopted
and incorporated herein by.this reference with
the following e1<ceptions:
Section 2. Subparagraph 10 of Section 1 of
Ordinance No. 103 is deleted in lis entirety.
Section 3. This ordinance shall be effective
immediately.uponits.passage and publication.
Adppted by the Board of Supervisors of
SliUwater Township .thls 10th day of October,
1996. ' .
Stillwater Township
Chairperson Jerry M. Hicks
AlIest: Pat Banti!, Clerk
Published in the SI. Croix Valley Press
October 17,1996.
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ORDINANCE NO. 117
STillWATER TOWNSHIP
. WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE
. ',NO! 23 . ." .:;
TO PROVIDE FOR PLANING COMMISSION;;,~
ELECTION OF ITS CHAIRPERSON ".
; . THE BOARD: OF SUPERVISORS o"F
STILLWATER TOWNSHIP ORDAIN:
Section 1..Sectfo~.'~'bf:Ordinance No. 23
is amended to read as follows: .
Section 2. Composition: Such Planning
. Commission shall consist of nine members,
and said members.shal~ be appointed by the
Town Board. The members of Commission
first appointed shall be as follows:
Three for the term of one year, three for
the term, of two years and three for the term of
three years. their successors shall be appoint-
ed for terms of three years. Both original and
successive appointees. shall hold ollice until
their successors are appointed and have Quali-
fied. The Commission shall elect one of its'
members as its Ghairperson. The Town Board
shall hire a secretary for the Commission;
which. secretary shall not be a member of the
Commission or have the right to vote and
whose sala!)' s/1a1l ge determined by the Town
Board. Vacancies during the term shall be
filled by the Town Board for the unexpired term .
of said vacanc~ Every appointed member
shall, before entering ~pon the disposition 0.1
his duties, take an oath that he will faithfully
perform'the duties of. his office. All members
may t;le removed by unanimous vote of said
Town Board. In the event any member shall
miss three (3) consecutive meetings without.
giving advance. notiflc(ltion of his or her
absence to the Clerk of the Commission, the
:rown Board may remove 'lhe-member from the
Commission. The Town Board shall serve as
ex-officio members of said Plan (ling
Commission and shall not" have a vote,.ln any
proceedings before said Commission or hold
any office. ., .. . . . .
Section 2. Effective Date. This ordinance
shall be effective immediately upon its pas-
sage and publication;
ADOPTED by the Board of Supervisors of
Stillwater Township this 24 day of October,
1996. . .
STILLWATER TOWNSHIP
BY Jer!)' M. Hicks, Its Chairperson
ATTEST: .
Pat BantU. Clerk t"" .'.. .. . . .-
Published In the 'SI. Croix Valley Press
October 31.. 1996., :!. . '. .
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AGENDA
CITY OF OAlC PARR HEIGHTS
WEDNESDAY, Deoember 18, 1996 ~~ 7:00 P.M.
1.
call To Order
II.
C~uncil Recognition
1. councilmember Dean Kern, Sr.
2. Former Mayor' Barb O'Neal
IV. VisitQr Com~ents, Oyestions. or Concerns
1. Jim Kellison ~ Stillwater Area Economic
Development Corporation (SAEDC) - Discussion of
possible Industrial Park
V. D~partment Reports
1. Police
2. Parks
3. Administration
4. Cable
5. Water Management Organizations
6. Recycling Award
Enolosure 1
7. OPH Business Group
VI. Consent ~senda (Roll Call Vote)
Enclosures 2B, 2C, 2D, & 2B
VII. Unfinisl')ed Business
1. Bridge Lobbying Proposal
Enclosure 3
VIII.
New Business
1. Resolution 96-12-42 - A Resolution Approving the
1997 Tax Levy
l:nclosure 4
2. Resolution 96-12-43 - A Resolution Approving the
1997 Budget
Enolosure 5 , 5B
3. Comprehensive Plan Update
Enclosure 6
IX. Cqrreapondence
1. Letter - Captain Joe Wilmes - Bayport Fire
Department
Enolosure 7
~ Adjournment:
chool
Talk
Newsletter for District 834 Key Communicators
School Talk is
a conversation between
the Stillwater Area
community and its
schools. After you
read it, please pass it
along to a frielUl.
Key Communicator
comments and questions
are printed in boldface,
ilnlic type. A 'bullet'.
indicates a new voice.
School Talk
HOTLINE:
_:,.o<_"",..~_. .'.
. ,. . ;c,'. . .
f..' . ,~
c.J
351-8410
To hear the School Board
agenda, call the Hotline
after 2 p.m. on Tuesdays
preceding meetings. The
Board meets the second and
fourth Thursdays of each
nwnth.
It w~ ~iont of
~ StillMJat'e-r A YUl/
S~ to-~UYe-
hMg1v qlMAUty,
Ltuw"\lCtt'we-,
~
edua1t-iow whe.ve- cdL
lea4'''V\.eV,\-' a..ve- \la..l.ued-
~ Y~ect'ed-.
Volume 2, No. 2/ December, 1996
What Partnership??
· (I'd like to know more about) the
"Partnership"? "Partnership Plan"? Business
Partnership? $1,000 Individual Achievement
Award? My "oldest" is in 9th grade & I don't
recall seeing or reading anything about this.
TIle Partnership Plan for Stillwater Area Schools
brings special funding and human resources into
the schools to enrich education for student<; and
to recognize district employees for quality work
and commiunent to children.
The Prutnership is govemed by a volunteer
Board of Directors that includes citizens and
district employees, and employs one part-time
facilitator. Funds are raised through donations
and special events, are tax deductible, and are
completely separate from school district funds.
a Partnership Recognition Awards recognize
district employees' outstanding contributions to
education through $1,000 individual achieve-
ment awards for a<; many as five teachers, four
support slc'lff, and two administrators annually.
Otller Prutnership-sponsored Recognition
A wards are a welcome back breakfast for all
employees at the beginning of each school year
and length of service awards for 25- and 30-year
employees. Also administered through this pro-
gram are staff scholarships sponsored by Piper
Jaffray and Firstar Bank of Stillwater.
TIle Partnership also sponsors:
'* Mini-Grants-funds that allow teachers to
develop new ideas and present unique programs
that would not be possible witl1in the regular
operating budget. The Partnership has awarded
nwre than $345,000 to teachers for learning
projects about everything from Astronomy to
Zebra mussels.
'* The Innovative Curriculum and Inservice
Education programs fund design of new cur-
riculum and teacher training.
'* Financial Incentives offer teachers working
toward a master's degree "preferred status"
loans at several area banks.
'* Internships place teachers in businesses
and non-profit agencies for mutual benefit and
learning.
~ Schoiarships encourage addilionai teaming
for teachers who have been assigned a new
course in another discipline or who are at the top
of the salary schedule.
'* The Resource Assistance Program (RAP)
brings community and business people into the
classroom to enrich leaming.
~
To leam more about this
unique education enrichment
program, leave your name and
address on tl1e hotline, and
we'll send you the
Partnership's 1995-96 Annual
Report.
PARTNERSHIP
p(plC1
· (I'd like to know more about) hiring practices. Is it true that only new col-
lege graduates will be considered for jobs when there are excellent, sea-
soned teachers that could possibly do more in the. cwssroom because of
experience?? Substitute teachers will never be hired on asfull-time. (Some
experienced teachers) should be given a chance to apply before out-
siders.. .given the status of school district emplnyees and be allowed to
interview for openings as they occur...
District 834 philosophy is to hire the best qualified persons for teaching jobs, regardless of experi-
ence and educatioll. However, if education funding does not improve and budgets keep shrinking, it
may he necessary to revisit this question because the salary for a teacher with a master's degree and
six years of experience is $12.000 a year more than the salary of a new college graduate. As to hiring
subs, a review of the last 100 teachers hired shows 25 had worked for District 834 before receiving
permanent teaching jobs-22 as teacher substitutes, two as paraprofessionals, and one as a coach.
District
hiring
practices
Several readers expressed surprise at the statistic from the Minnesota Literacy Council (quoted in the November
L it"UCLC:::Y - School Talk) indicating that Washiri"gton County is one of 15 Minnesota counties with the highest adult popula-
tion that has neither a high school diploma nor a GED certificate.
CI/
p()-ft}cript"
~
A talk with Laura Jaeger,the Council's executive director, revealed that this statistic is based on 1990 census a
data and was published in the 1995 Impact Report on adult basic education in Minnesota. It could be speculate"
that the presence of two penitentiaries may account for a high proportion of adults without a high school educa-
tion in Washington County. Ben Bryant, president of EduCon Diversified, who developed the Impact Report, is trying to find out if
the prison population was included in this data, and his findings will be passed along to you in a future School Talk.
A post postscript: Another literacy resource available, through District 834 Community Education, is Adult Basic Education (ABE),
which includes literacy services for people working toward a General Equivalency Diploma (GED), basic skills refresher, or learning
English as a second language. Classes are offered four mornings a week at the Washington County Workforce Center and two
evenings a week at the District 834 Family Center. A Family Learning program involves parents and their young children three days a
week at the Family Center. A program will begin soon at Courage St. Croix. Approximately 100 adult students participate in ABE
each year. For more information, call 351-8456.
S t a f fin 9 · An inquiry was made about staffing in Community Education and the district business offICe.
.. Director. In charge of all community education staff and activities.
" Secretary to the Director. Clerical support to the director and Adult Basic Education.
" Assistant Director. In charge of adult athletics and aquatics; works with athletic associations for youth;
supervises the district grounds staff. During 1995-96 nwre than 18,000 participants were involved in athletic
Community and recreation activities.
" Facility Use Secretary. Schedules all facility use; handles swimming registrations; provides support for the
....1..... HI.......... Assistant Director and the Valley Athletic Association (V AA) program. Last year, 647 different individuals and .
nil [JI1BIftI1III'J:J groups scheduled time in our schools.
" Youth Enrichment Coordinator. Sets up and supervises all youth enrichment classes (including the recently
added driver education), most summer activities, and community resource speakers in classrooms.
Education .. Secretary for Youth and Adult programs. Handles all registrations for classes; designs and produces community
education brochures and catalogs. During 1995-96, 560 classes were offered involving 5,795 participants.
.. School Age Child Care Coordinator. Coordinates and supervises Adventure Club, which offers child care at
nine locations before and after school, all day on most non-school days, and all summer. Last year 618 children
were enrolled.
" Adventure Club Program Secretary. Clerical support manages child care billing for each school.
Business
~,-,'(9
'-" -
........
E::::l'1Ol
Office
.11
~ Business manager. Overall responsibility for the business function of the district, including budget develop-
ment and administration, property management and insurance; transportation; food services.
~ Secretary to the business manager. Clerical support.
~ Business office supervisor. Finance and payroll systems; budget development and control; supervise business
office.
~ District accountant. Budget control; audit functions; provide inservice on finance system for school staff.
~ Payroll (2). Process payroll and related reports; communicate with insurance companies and retirement orga-
nizations; handle state and federal withholding and reporting.
~ Accounts payable (2). Process all accounts payable, including communication with employees and vendors.
~ Accounts receivable (part time). Process receipts and revenues.
· Another question related to staffing: why, if the district sold its school buses, do we still have a "transporta-
tion" supervisor and secretary.
TIle school district continues to define, schedule and manage bus routes, including all regular routes, late activity
routes, and transportation for field trips and other special activities. In addition, the district handles parent con-
cerns and complaints related to bus stop locations, weather conditions, student behavior at bus stops and on buses,
etc. The transportation supervisor position was combined with the coordinator of facilties and grounds position,
which had been eliminated due to budget cuts. The two positions have been redefined as operations; the opera- e
tions office includes the supervisor, the transportation router, and one secretary. The supervisor of operations is
responsible for the district's physical plant, i.e. building maintenance, safety, health. accessibility, etc., as well as
tbe district's continuing transportation responsibilities. Because tllis is a new position, duties of the operations
supervisor are still being defined.
Page 2
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What enrichment programs have been cut, and...
-In School Talk Nov, 96 under "Rumor" a list of terminated programs is given. Just what
"enrichment" programs have been stopped or drastU:ally cut?
The elementary gifted/talented program, art and science resource teachers and reading resource
support have been discontinued due to budget cuts over the past five years. Elementary orches-
tra and band programs continue with larger teacher/student ratios.
In junior and senior high, enriched program options are elected by interested students. Because
of budget constraints, it now requires 20 students, rather than the previous requirement of 15, to
form an elective class. This year at the Senior High, 14 electives were not formed, including
classes in horticulture, advanced agriscience, college accounting, German and Russian. This
causes increased class sizes in the basic required subjects and/or more students in study halls.
At the junior highs, too, budget reductions have resulted in larger class sizes and more students
assigned to study halls.
...how many students participate in athletics?
It's great to have an athletic program, but how many students benefit? Is it a small number
of exceptional athletes who benefit from the major sports at a great expense?
Stillwater Area Schools athletic director Connie Knoche responds:
The ISD 834 Interscholastic Athletic Mission Statement states: Interscholastic athletics are
considered a voluntary extension of the educational program and as such will reflect the School
District's Educational Goals. Every effort will be made to provide students interested in partici-
pating in an athletic activity the opportunity, regardless of ability.
With few exceptions, junior and senior high athletic programs operate on a no cut basis. Sports
such as golf and hockey do cut because of lack of teams to participate against or facility restric-
tions. In some sports, students are told that playing time may be limited due to the number of
participants or the individual student's ability, but all are welcome to stay on the team. As a
result of this policy, a large number of students participate in athletics.
The district offers 14 girls' sports and 13 boys' sports. Numbers of students participating are:
Oak-Land, 463; Stillwater Junior High, 560; Stillwater Area High School, 822. If you take into
account students who participate in more than one sport, the numbers are: Oak-Land, 548;
Stillwater Jr. High, 920; Senior High, 1,360. The numbers are divided equally between boys
and girls; the largest numbers of students participate in skiing, track, soccer and football. The
number of participants in other sports is higher in this district than in districts of similar size.
With junior high, sophomore, junior varsity and varsity sports, the district's athletic program is
not just for the "exceptional athlete."
The controllable budget for athletics, which includes supplies, officials, buses, etc. is paid for
by student fees and gate receipts. Back in 1982, the district paid controllable budget costs. By
1992, the district paid 50 percent, and since 1994, the district has paid only coaches' salaries.
This progession is due to continued budget cutting and transferring co-curricular costs to the
user. With the support of student atheletes, their parents, and the fans, the athletic program con-
tinues to serve students interested in participating in a sport.
Disruptive behavior
- Concerns of classroom teachers: Are existing resources being used to manage the disrup-
tive behavior of students?
Several district and community initiatives address concerns about the disruptive behavior of
young children and young adults:
· The School Board has a strong discipline policy, recently revised, which is distributed to all
parents and students. . Parent education and training programs have been expanded through the
collaborative efforts of many community nonprofit and government agencies. · The St. Croix
_ Valley Family Services Collaborative, a state-funded intitiative, sponsors many family commu-
.. nity support efforts.
District 834 staff members are actively involved in these programs, and district specialists also
offer staff training in the area of disruptive classroom behavior. For more information, talk with
Don Loe, 351-8381.
Page 3
Marginal
oommantl
Rumor
- Stillwater Area High School
cost $59 million.
Stillwater Area High School cost
$32,899,678. This total includes:
building construction,
$25,437,254; site acquisition,
$1,300,000; site development,
$2,621,847; utilities-sewer, water,
street, $1,399,395; fees, services,
engineering, misc., $2,141,182.
ReaderS Said
- (Here's what I think about) the
way many of the teachers dress
for work. Disgraceful!!! They cry
out that they want to be treated as
professionals yet they dress in
sweatsuus - tight leggings & old
jeans!!!! You can be "profession-
ally" dressed in nice, washable
pants & sweaters & command
respect. Dress really does set the
tone. (Ask businesses about prob-
lems w/too casual attire.)
-I realize that Gov. Carlson is
very popular, but nonnally the
pronoun "himself' is only capi-
talized when referring to our
Lord, Jesus Christ, or God. Such
a tribute!
Ilrom the edItor
A couple of recent response cards
prompt this editorial statement:
School Talk is meant to be a con-
versation between you and your
schools. At its best, this newsletter
should listen and respond to its
readers, air issues ofinterest,
replace runwr with fact. and stim-
ulate conversation over coffee
cups and dinner tables. It is not a
forum for publicizing personal
gripes with the district.
-
If a personal issue. aises a ques-
tion about a po'._j or a topic of
interest to re,.,ters. the policy or
topic will be lddressed, but per-
sonal axes \:'i// not be ground. KL
~\
When you
visit a school
- Could we observe some
classes if we stay in the back
and shut up?
Of course-these are your
schools. When you do visit a
school, please go frrst to the
office to sign in and get a
visitors' badge. Citizens are
always welcome in their
schools. but children's safety is
a concern, so guests are a"ked
to wear identification. As with
any visit, it would be courteous
to calI and let someone know
you're coming.
On a related note, in January,
District 834 wiII begin imple-
menting a photo ID badge sys-
tem for all employees, volun-
teers and visitors. The District
834 News newsletter, due to be
mailed to alI district residents
later this month, wiII include an
article about the photo ID
system.
S chool Talk
is published by
School District 834
(Stillwater Area Schools).
1875 South Greeley Street.
Stillwater. MN 55082
(612) 351-8340
TOO 351-8338 / FAX 351-8380
Editor: Karen Lampi. 351-8400
School Board
Melva Radtke, Chairperson
Karen Rose. Vice Chairperson
Joan Friant. Clerk
Mary C:J"'~oni. Treasurer
Bud Buchma Director
Steve Zinnel, t ..'ctor
Shawn Draper. Dlr.;;tor
Superintendent of ~khools
Dr. David L. Wetterg-en
School Board orientation
- (I'd like to know more about) training provided for new school board members. What does the
current Board and the administration do to help them become informed on the issues? What
kind of training in diffusing conflict and building concensus is done? We expect our board
members to set an example of respectfu~ gracious behavior for our children. How do we help
them do that in the high pressure situations in which they will find themselves soon?
The Minnesota School Boards Association (MSBA) annually offers orientation programs for new
board members and leadership training for returning board members. The training includes topics
such as the role and function of school boards, the superintendent-board relationship, school
finance, contract negotiations, problem solving, and conflict resolution. All board members are
encouraged to be involved in these sessions; registration fees are paid by a school board
training/inservice budget.
e
In addition, the superintendent meets with new board members to cover infonnation related to
district operations, school board strategic priorities. and how the superintendent receives work
direction from the school board. New board members also meet with district staff members
responsible for finance, personnel, and instruction. Board members are encouraged in these infor-
mation sessions to ask any questions they may have about district operations.
Second class status?
-I have learned that kids from Cimarron enjoy a second class status because of where they live.
Is this really true? Ifso, is there any way of working on this problem?
(Note: Cimarron is located in the Lake Elnw Elementary and Oak-Land Junior High
attendance areas)
BiII Rhodenbaugh, Lake Elmo principal, responds that "all children are held to the same expeck'l-
tions, both behavioralIy and academicalIy at Lake Elmo." Oak-Land principal Tom LeCloux
points out that students are not identified based on residence, so Cimarron kids aren't treated any
differently Ulan other kids. He goes on to say: "HopefulIy, our efforts in the area of inclusiveness
andlolerance will eliminate concerns about students being treated as second class citizens.
Bottom line, Cimarron kids are not treated any differently than kids from other communities."
Deputy Superintendent Mary Jo Weingarten affinns that "behavioral and academic expectations
are made for alI students regardless of where they live. Similarly. alI students are recognzied for
their individual achievements, whether in elementary school, junior high or senior high." No
reports from parents who live in Cimarron have been made to the district's central office.
Donlt for'jet to 'vvr,'te...or Co.Il
(l) Printed on recycled stock
Stillwater Area Schools
Central Services Building
1875 S. Greeley Street
Stillwater, MN 55082
Nonprofit Org.
U.S. Postage
PAID
Permit No. 192
Stillwater,
Minnesota
MAYOR JAY KIMBLE
CITY OF STILLWATER
216 N FOURTH STREET
STILLWATER MN 55062
e
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~MetropoMEiRO DI6EST
!
NOVEMBER, 1996
A digest of actions taken by the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks &
Open Space Commission and Metropolitan Sports Facilities Commission. Minutes of all Council and Commission
meetings are filed with the Legislative Reference Library, 645 State Office Building, 6th Floor, in St. Paul for a period
of up to two years and can be viewed by the public. Call the appropriate commission or operations area for meeting
information and/or specific questions.
Metropolitan Council
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN, 55101. The Council's
general number is 291-6359 (TDD: 291-0904). Call the Metro, Information Line at 229-3780 for recorded
information about Council publications, Council actions, coming meetings, job openings and subsidized housing
referrals. Recent Council publications can be found at major public libraries in the Metro Area Publications can be
ordered by e-mail.Theaddressis:data.center@metc.state.mn.us. Comments can be made to that address as well as
291-6536, the Metro Council Public Comment Line. Check the internet web site at http://www.metrocounciLorg.
. adopted its staff report with the following
recommendations regarding the St.
Bonifacius Comprehensive Plan Update:
joint planning with Minnetrista of the entire
community which they share in response to
the Council's Growth Management Strategy.
Joint planning is needed to assure that land
uses of the two cities are compatible, that
road and utilities provide services to the
broader community in the most cost
effective manner possible. They should
explore jointly planned, fmanced and
integrated numicipal infrastructure and
services through such mechanisms as inter-
community agreement, joint powers
agreements, a joint urban services planning
board, or a consolidation study; and
The Council...
Community DeveloDment
. approved the Mississippi National River
Recreation Area (MNRRA) Local Funding
Assistance Application Criteria and
authorized staff to review applications for
funding and make recommendations to the
National Park Service based on that criteria.
2. Inform the city that the Council will not
review that portion of the plan which
pertains to land outside St. Bonifacius'
corporate limits. The city must resubmit its
plan when and if such additions take place.
The Council will review the plan according
to its adopted policies in place at that time;
4. The city's comprehensive plan should be
corrected to show a projected household
flow of 200 gallons per day and that the
wastewater is conveyed to the Blue Lake
wastewater treatment facility in Shakopee
rather than in Savage.
1. Inform the city that it can adopt that
portion of its comprehensive plan update
which applies to land within their existing
corporate bOlmdary;
. awarded Local Housing Incentive Account
(LHIA) program grants to the following
cities for the following projects: Parkside
Apartments, Cottage Grove, $125,000; and
Shadow Grove Apartments, Maple Grove,
$125,000.
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3. The city should work with Minnetrista to
fmd solutions to mutual issues, both current
and future, related to growth and
development in their area. This includes
. approved and forwarded the "One-for-One
Housing Replacement Study: A Report to
the Legislature."
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METRO DIGEST '~
Environment approved a revision to the 1996 operating e
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budget; approved a budget amendment
. passed Resolution 96-52 authorizing the recognizing additional state aid for transit in
Regional Administrator to execute a fifteen - the amount of $3,000,000, additional
foot easement to the.City of Fridley for passenger fares of $4,606,000, and increases
bikeway/walkway purposes on property in Transportation Division expenditures; and
owned by the Council in the City of Fridley approved fund balance transfers of
in return for construction of the bikeway/ $1,126,986 from 1995 carryover balance of
walkway by the City of Fridley to meet the Opt-out to the region and $2,000,000 from
Council's truck loading requirements. Transportation Planning to Metro Mobility.
. authorized its Regional Administrator and . adopted Resolution 96-53 authorizing
General Manager, Wastewater Services, to expenditures of public funds for certain
issue the Request for Proposals/Bids for the organizational functions, employee
Blue Lake/Seneca Solids Handling Project. development activities and other public
purposes and delegating certain authority.
. approved the facility plan for the Empire
Plant Expansion. . adopted the following recommendations
regarding Livable Communities Act
. authorized its General Manager of Housing Mfordability Standards for 1996:
Wastewater Services to negotiate, and the
Regional Administrator to execute, a that Metropolitan Council staff use the
contract for professional services for the cost/value amounts of $120,000 for
Empire Wastewater Treatment Plant ownership Units and $685 per month for
Expansion -12 mgd, Phase 2 and Phase 3, two-bedroom rental units as the
Step II Design Services and Step ill affordable housing unit amounts for
Construction Support, MCES Project families at 80-50% of the region's
Nwnber 940100, with the firms presented in median income respectively for
the order of their ranking at a cost not to calendar year 1996; and that staff
exceed $798,000. communicate to local government
revised affordable housing amounts
Finance whenever HUD determines a new
regional median income.
. accepted the 1995 Comprehensive Annual
Financial Report. Transportation
. accepted the Minnesota State Auditor's . approved amending the adopted 1996
Management and Compliance Letter for the Capital Program to include an expenditure
Metropolitan Council for the year ended of $20.5 million from authorized regional
December 31,1995. bonding and $3.2 million from federal funds
in the capital program and to amend the
. approved the Public Hearing Draft of the 1996 Capital Budget to include an
Proposed 1997-2001 Capital Improvement expenditure of $5.9 million out of the above
Program and 1997 Capital Budget. authorization.
. approved the Public Hearing Draft of the . authorized setting a public hearing on
Proposed 1997 Unified Budget. Monday, December 16, 1996, at 7 p.m. at e
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November, 1996
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METRO DI6EST
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the Northtown Mall Community Room in
coordination with the Anoka County Transit
Office to solicit public input on the
proposed Anoka County transit redesign
service plan.
. amended the Right-of-way Acquisition Loan
Fund (RALF) guidelines to indicate the
following:
-- Beginning in 1997, the Council will
solicit for preliminary loan requests on
April 15 and October 150f each year.
The loan application should include the
information currently required of
preliminary loan requests.
-- Council and MnDOT staff will meet to
review the loan requests; determine
opportunities for MnDOT to acquire
properties directly and/or repay
outstanding loans on an accelerated
schedule; and determine the balance of
available funds for potential new loan
requests.
-- Based on estimated available funds as
determined at the semi-annual meetings,
new loan requests will be prioritized as
follows:
First priority RALF funding will be for
loans to acquire needed metropolitan
highway (principal arterials) rights-of-
way in this sequence:
- corridors (either new rights-of-way
or expansions of existing routes)
- interchanges
- access control
Second priority RALF funding will be
for loans to acquire right-of-way for
non-metropolitan highways (minor
arterials) that are officially mapped state
trunk highways.
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-- The Council will notify cities whether
their loan applications have received
preliminary approval, and authorize them
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to proceed with appraisals and
completion of a fmalloan application.
-- Final loan applications must be submitted
within a year after receiving preliminary
approval from the Council.
-- The Council will not commit to funding a
loan request over and above the amount
estimated in the preliminary application.
The Council encumbered $4.5 million of
RALF funds pending the outcome of a
possible conderrmation hearing to resolve
the price of the Sienna property.
Council and MnDOT staff will review the
current list of preliminary loan applications
and use the criteria established above to
prioritize the remaining loan applications in
the pipeline.
The Council also:
. appointed Ed Van Hoven, Jr. as a member of
the Industrial Rate System Task Force.
. approved the appointment of Elliott
Perovich, Ann Pung-Terwedo, Richard
Murphy and Joanne Seaberg to the
Transportation Advisory Board.
New Publications
Council publications are available from the
Council's Regional Data Center. For a free
and complete list of publications, write the
Metropolitan Council Data Center, 239 E. Fifth
St., St. Paul, MN 55101, or call 291-8140.
E-mail address is:
data.center@metc.state.rrm.us.
There is a charge for some publications.
The bi-monthly Council Directions newsletter
provides information on regional issues and
Council Programs. If you wish to receive a
copy of Council Directions, call Carol Berens at
291-6447.
November, 1996
METRO DIGEST
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Metropolitan Commission Activities
Metropolitan Airports Commission water Treatment Plant, heard comments
Metropolitan Airports Commission offices are located and submitted a memo with comments
at 6040 28th Av. S., Minneapolis, MN 55450. For from the Commission to the Metropoli-
more information, call Lynn Sorenson at 726-8186. tan Council Work Group/ Community
Task Force to Site a Southeast Regional
The Commission: Wastewater Treatment Plant.
. formed an Arts Council to make . recommended that the Metropolitan
decisions regarding the introduction and Council amend the B.N. Regional Trail
display of art in the Lindbergh Terminal Acquisition Grant (SG-94-81) by
Building. Its goal will be to select and reducing the total amount to
place art in the Terminal Building $233,076.18 and deleting references to
creating an airport environment that is lots 8 and 9 in Exhibit A of the
pleasing, interesting and functional. agreement.
. received a report that the seventh . recommended that the Metropolitan
auction of homes in New Ford Council amend the B.N. Regional Trail
Town/Rich Acres was held on October Development Grant (SG-94-82) by
24.. Twenty-six out of twenty-seven increasing the total amount to
homes received bids. To date $517,243.82; amend Exhibit A of the
approximately $1,085,000 has been agreement by including a <;lescription of
returned to the New Ford Town/Rich the parking lot, landscaping and kiosk to
Acres Home A9Quisition Program. be constructed with the funds; and
extend the agreement's duration to
. awarded a Public Information December 31, 1997.
Consultant contract to the fIrm of
Padilla Speer Beardsley following . recommended that the Metropolitan
presentations and interviews by four Council's Regional Administrator
public relations firms. increase Grant SG-94-36 for North
Mississippi Regional Park Development
. was informed that a public healing on to a new total of$138,334 to fmance
the Airlake Airport Long Term parts of an ISTEA trail project in the
Comprehensive Plan Update was park for the remaining engineering costs
scheduled for November 13, 1996, at and to extend the grant's duration to
7 p.m. July 1, 1997.
Metropolitan Parks & Open Space . recommended that the Metropolitan
Commission (MP&Osq Council approve the Snail Lake
Metropolitan Parks & Open Space Commission Regional Park Master Plan Amendment
to find Vadnais-Sucker Lakes site as
offices are located at Mears Park Centre, 230 E. Fifth consistent with the Regional Recreation
St., St. Paul, 55101. For more information, call 291-
6456. Open Space Policy Plan and rename the
Snail Lake Regional Park and Vadnais-
. reviewed data collected to date on the Sucker Lakes site, "Vadnais-Snail e
potential siting of a Southeast Waste- Regional Park."
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November, 1996
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METRO DIGEST
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. recommended that the Ramsey County
Parks Department maintain current
information and planning for potential
future acquisition and development of
the Sioux Line Railroad right-of-way if
it becomes available.
. recommended that the Metropolitan
Council approve the Highway 96
Regional Trail Master Plan and consider
funding $300,000 of its development!
engineering costs with State
appropriations and Council bonds in the
1998-2007 Regional Recreation Open
Space Capital Improvement Program.
Metropolitan Sports Facilities
Commission (MSFq
Metropolitan Sports Facilities Commission offices are
located at 900 South 5th St., Minneapolis, MN 55415.
For more information, call Nancy Matowitz at 335-
3310.
The Commission's actions for November
will be recorded in the December issue of
Metro Digest. Due to the press of numerous
public hearings, information was
unavailable at press time.
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November, 1996
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METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and
three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and
Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionalIy changed. Questions about meetings
should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at
229-3780 and on web page is at: www.metrocounci1.org Comments on Council issues can be made by electronic mail at
data.center@metc.state.mn.us or by caIling the Public Comment Line at 291-6536.
DATE: December 13, 1996
WEEK OF: December 16 - December 20
METROPOLITAN COUNCIL
Community Development Committee- Monday, Dec. 16, Noon, Room lA. The committee will consider:
Twin Cities Affordable Housing Network; Regional Counseling Initiatives Program RFP; GIS data- and
cost-sharing agreement with Ramsey Co.; Livable Communities Demonstration Account recommendations;
Livable Communities Tax Base Revitalization Account funding recommendations; proposed formula for
distributing local planning grants; license for center line data--The Lawrence Group; Wayzata
comprehensive plan update; Minneapolis proposal for expansion of the Minneapolis Convention Center;
and other business.
Special Meeting of Transportation Committee - Monday, Dec. 16,2:30 p.m., Chambers. The committee
will consider: request to change date for public hearing to receive comments on Transit Redesign service
plan for Lower Anoka County; review recommended changes to the Transportation and Aviation Policy
Plans as a result of the public hearing comments; and other business.
Finance Committee - Monday, Dec. 16,4 p.m., Room 2A. The committee will consider: authorization to
close funds; approval to extend incentives for part time drivers; approval of extension of contract with Park
Nicollet Medical Center for occupational health services and authorization for RFP; authorization for 1997
property insurance renewal; parks bonding; and other business.
Industrial Rate System Task Force - Tuesday, Dec. 17, 7:30 a.m., Seneca Wastewater Treatment Plant,
3750 Plant Rd., Eagan. The task force will consider an overview of effect of industrial discharge on the
wastewater system and tour the Seneca Wastewater Treatment Plant.
Land Use Advisory Committee- Tuesday, Dec. 17,8:30 a.m., Room IE. The committee will conSider:
regional planning education process; update on "notification" --change in regional policy; and other
business.
Proposed Southeast Regional Wastewater Treatment Plant Siting Work Group and Community
Advisory Task Force - Wednesday, Dec. 18,3 p.m., Metro 94, Conference Room 32, 455 Etna St., St.
Paul.
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Briefing for Newly Elected Local Officials - Thursday, Dec. 19,7:30 a.m., Metropolitan Counties
Government Center, 2099 University Ave., St. Paul.
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Committee of the Whole - Thursday, Dec. 19, 3 p.m., Chambers. Adoption of Growth Management
Strategy and related policy plans.
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Metropolitan Council- Thursday, Dec. 19,4 p.m., Chambers...The Council will consider: a continuation
of public hearing for Metropolitan Council 1996 Work Program and Budget; a continuation of public
hearing from Metropolitan Council 1997-2001 Capital Improvement Program and 1997 Capital Budget;
closed meetings of the Finance Committee to discuss labor negotiation issues; Metropolitan Agencies
Personnel, Ethical Practices and Communications Activities Report to the Minnesota Legislature; Snail
Lake Regional Park Master Plan amendment-- Vadnais-Sucker Lakes site; GIS cost- and data-sharing
agreement--Dakota Co. general provisions; GIS cost- and data-sharing agreement--Scott Co. general
provisions; request to change date for public comments on Transit Redesign Service Plan for Lower Anoka
Co.; approval of Lakeville cost sharing agreement; authorization to extend additional offers and enter into
agreements with communities for the III Grant Program; authorization to combine MWWTP centrifuge
procurement and MWWTP full scale centrifuge demonstration contract change order authorization;
adoption of the revised Regional Blueprint; revision of service credit defmition to the Metropolitan
Council's personnel code and non-represented plan; approval to extend incentives for part-time drivers;
approval of extension of contract; authorization for insurance renewal; Highway 96 Regional Trail master
plan; GIS -cost- and data-sharing agreement--Ramsey Co. general provisions; The Lavvrence Group;
approval of fund recommendation for Local Housing Incentive Account Program; approval of Livable
Communities Demonstration Account recommendation; receipt of 1997 annual budget adopted by the
Metropolitan Radio Board; and other business.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and
agenda are subject to change. For more information or confirmation of meetings, ca1l291-6447, (1DD 291-
0904). Cl!ll the Metro Information Line at 229-3780 for news of Council actions and coming meetings.
TENTATIVE MEETINGS mE WEEK OF DECEMBER 23 TIIROUGH DECEMBER 27,1996
Transportation Committee - Monday, Dec. 23, 4 p.m., Chambers.
Managed Competition Review Committee - Monday, Dec. 23, 4 p.m., Room lB.
CHRISTMAS DAYIHOLIDAY - Wednesday, Dec. 25, Council offices are closed.
METROPOLITAN AIRPORTS COMMISSION
Commission Meeting - Monday, Dec. 16, 1 p.m., Room 303, West Mezzanine, Lindbergh Terminal
Building. The commission will consider: recommendations regarding airport leases; December ADNE
levels; fmal contract payments for GTC earthwork, concrete, mechanical, electrical, and interior
improvements, Lindbergh Terminal interior rehabilitation for 1995, primary electrical distribution system
Phase ill, energy management center chiller installation, Lindbergh Terminal roofrehabilitation, Southwest
Terminal public areas, international axrival facility parts storage and cargo transfer, upper level roadway
(concrete, structural steel, and miscellaneous metals), 1996 airside bituminous construction MSP, Anoka
CO./Blaine Airport equipment building addition Phase IT, and 1993-1996 Part 150 sound insulation ..
program; contract change orders for GTC/Upper level roadway expansion general construction, fuel storage
farm Tank: No.4, and building area expansion at St. Paul Downtown Airport; contract bids received for
Southwest Mezzanine development and wings hangar demolition at St. Paul Downtown Airport; review of
upcoming construction project bids; new commission meeting room electronic audio/video.equipment;
potential administrative settlements for New Fort TownlRich Acres acquisition; Part 150 residential sound
insulation program recommendations from ventilation standards committee and September/October cycle;
Nokomis Knoll Historic District programmatic agreement; 1997-2003 Capital Improvement Program
(environmental review, program funding, program approval and program agreements), City of Richfield
litigation; congressional issues for 1997; Third Parallel runway contracts; October budget variance;
Honeywell/Landis Gyr contract negotiations for HV AC maintenance services; renewal of liquor licenses;
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update of annual commercial vehicle trip fees; emergency request for elevator replacement; Host Marriott
lease amendment; NW A budget issues; Capital Improvement Program funding; legislative agenda task force
issues; bond counsel legal services interviews; update regarding status of RFP process on cleaning contract;
commission request for lottery information; commission request for airline use agreement information; new
commission meeting room facility; project agreements; Audit and Compliance Committee report; 1997
congressional issues; security review presentation; 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.
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
Commission Meeting - Tuesday, Dec. 17,4 p.m., Room 1A. The commission will consider: briefmg on
Como Regional Park development; draft policy regarding cellular phone/emergency radio towers on
regional recreation open space land; and other business.
The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth
St., St. Paul, MN 55101. Meeting times and agendas occasionally may be changed. To verify meeting
information, please ca11291-6456.
METROPOLITAN SPORTS FACILITIES COMMISSION
Advisory Task Force on Professional Sports in Minnesota - Monday, Dec. 16,3 p.m., Minneapolis
ConventiQn Center, Room 102A and B, 1301 Second Ave. S., Minneapolis. The task force will consider an
update on'task force report including status of recommendations, baseball collective bargaining agreement
and revenue sharing and Minnesota Twins stadium time lirie.
Committee of the Whole - Tuesday, Dec. 17, 3 p.m., llliH Metrodome, Halsey Hall Room, 900 S. 5th St.,
Minneapolis. The committee will consider management discussion and analysis results presented by
Coopers and Lybrand.
Commission Meeting - Wednesday, Dec. 18,9:30 a.m., Metrodome Conference Room, 900 S. 5th St.,
Minneapolis. The commission will consider: statewide campaign report; status report on public
information meetings; principles of a new stadium proposal; commissioners; approval of Coca-Cola
settlement; and other business.
Committee of the Whole - Thursday, Dec. 19,3 p.m., Metrodome Conference Room, 900 S. 5th St.,
Minneapolis. The committee will consider a presentation by the Minnesota Vikings.
The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN
55415. All'meetings are held in the Commission office conference room, unless noted otherwise. Meeting
times and agendas occasionally may be changed. To verify meeting information, please call Nancy
Matowitz,335-3310.
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