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HomeMy WebLinkAbout1995-11-07 CC Packet e . . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 95-36 November 7, 1995 REGULAR MEETING RECESSED MEETING 4:30 P.M. Note Time Change 8:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. BWBR Architects - Update on City Hall Project 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 8:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROV AL OF MINUTES - October 17, 1995 Special and Regular Meetings; October 25, 1995 - Special Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Resolution: Accepting resignation of Dorothy Foster from Planning Commission and commending her for time and efforts. 2. Citizens Concerned for Restoration of Lake McKusick - Yvonne Ermirio OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA * 1. Resolution: Directing Payment of Bills. (Resolution No. 95-248) 2. Resolution: Permanent Employment of Sue Thorn 3. Resolution: Permanent Employment of Tim Moore 4. General Contractor Licenses - VPO and Assoc., Inc., Lakeville, :MN (New); Earl Weikle & Sons, Inc., Minneapolis, MN (New) 5. Hang Banner - Washington Co. Historic Courthouse, Nov. 8-20, 1995 6. Submit Claims against City to insurance carrier - St. Mary's Church; Jordan Junker 7. Use of O'Brien Field tennis courts by Stillwater Elks Club for Christmas Tree sales 8. Exemption from Lawful Gambling License - Church of St. Michael, Nov. 18, 1995 9. Replacement of O'Brien Field outfield fence 10. Purchase of protective vests 11. Purchase of training aids 12. Purchase of pick-up topper and sale of current CSO truck 13. Purchase indexing software 14. Installation of silt fence at Brick Pond Project construction area City Council Agenda 95-36 November 7, 1995 PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider an increase in liquor license fees. Notice of hearing was mailed to affected license holders. 2. This is the day and time for the public hearing to consider a review of recommendation from Planning Commission regarding request by Monti Moreno to remove covenants for development for lot between Kindercare and Brooks Superette at 6720 North Stillwater Boulevard. Notice of the hearing was placed in the Stillwater Gazette on November 3, 1995, and notices mailed to affected property owners. (Case No. 377) e 3. This is the day and time for the public hearing to consider an appeal of Planning Commission denial of request for a variance to construct an addition for a garage with 21-foot front yard setback, 30 foot required, at 920 Amundson Drive, Ray Damis and Marilyn Morehead, applicants. (Case V /95-73) Notice of the hearing was placed in the Stillwater Gazette on October 30, 1995, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 795 amending City Code Chapter 43 liquor license fees relating to 2. Request from Lonnie Komovich for full waiver of park fees for 20-unit townhome project, property located in West Stillwater Business Park. ~ 3. Resolution: Approving participation in the Livable Communities and Local Housing Incentives Program and setting housing goals. . 4. Request for direction to solicit grocery store vendors for Maple Island site 5. Update: Purchase of land along McKusick Road for community park NEW BUSINESS 1. Cigarette License - Jazzy's House of Blues & Cigar Parlor 2. Preapplication for Tax Increment Financing Assistance for hotel conference center in downtown Stillwater at Old Territorial Prison location, Territorial Coalition, Inc., applicants. Resolution: Supporting request of Territorial Coalition, Inc. for legislative action on liquor license. 3. Update on legislative issues and request for extension of service contract - Ed Cain 4. Authorize preparation of plans for storm sewer repair at 1301 Hillcrest PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT . * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one 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. . . . MEMORANDUM TO: Mayor and Council FROM: City Clerk DATE: November 7, 1995 SUBJECT: Additions/Changes to Council Packet and Agenda ADDITIONS TO COUNCIL PACKET 1. List of Bills (Consent Agenda No.1) 2. Robert Blanc, letter opposing deletion of restrictions, Case No. 377 (Public Hearings No.2) 3. Memo: Downtown Grocery Store (Unfinished Business No.4) 4. Memo: Update on Land along McKusick Rd (Unfinished Business No.5) 5. FYI: Stillwater Township Agenda, Nov. 9, 1995 FYI: Metropolitan Council - Metro Digest and Metro Meetings - SJCJSJc? BWBR ARCHITECTS Architecture. Interior Design .. 400 Sibley Street Suite 500 . SI. Paul, Minnesota 55101 6122223701 fax 612 222 8961 November 2, 1995 Dear Council Members: We are pleased to present to you the design development information for the expansion and renovation of the City Hall. We are going to be at the November 7th City Council meeting to discuss the information on the attached agenda. We will be discussing the process thus far and asking you to make some decisions to allow us to continue the design process into construction documents phase. In an effort to save time during the meeting, we ask that you review the plans and project cost information prior to Tuesday and ask any specific questions at that time. Thank you for your cooperation. Respectfully submitted, BWBR ARCHITECTS, INC. ~~MA~ Project Architect Attachment . . . o Project Update o Schedule o Design Status o Finishes o Design Development Cost Update - Add Alternate - Carpet - Add Alternate - Fire Department Observation Bay Window o Questions and Comments e CITY OF City Hall Expansion and Renovation Design Development ~ CGlInLNo._7 ~7.1'" - ~ y 'Y ... . EXTERIOR IMAGE - e- CITY OF City Hall Expansion and Renovation Design Development ~ CGlInLNo."'" ~7.1'" ..... e .,.....-...- ........... EAST ELEVATION --- -- _..~ - .~....- ..iLiv...... :a.-=: =='" ......-- . - . --iiw.... - r..= .. ..,,--Il!"""-.... ...... ~OUTH ELEVATION --- -...,.... _ _ _!!!IH-- --.. - !!.!U!'__ u.w... e CITY OF . THE BIRTHPLACE OF MINNESOTA City HaD Expansion and Renovation Design Development .......,. Ccmn.No.9'037 _7.1993 BWIlR AIlCIITECTlI FIRE STATION e r-ox-X-Xl i e i M M I M I M _x_x_x--1 e CITY OF THE BIRTHPLACE OF MINNESOTA City HaD Expansion and Renovation Design Development ......,. Ccmn.No.UO'7 N...........7.1993 BWIlR AAClfTECTS PIPE TUNNEL PISTOL RANGE BOILER STAIR A WORKOUT ROOM DEPARTMENT STORAGE ELEC ELEC. GEN POLICE PROPERTY STORAGE e CITY OF THE BIRTHPLACE OF MINNESOTA City HaD Expansion and Renovation Design Development ......,. Ccmn. No. 930'7 N_7.lm BWIlR AIlCHTECTS STAIR A GARAGE! EVIDENCE VEHICULAR STORAGE o 10 I 101 e e CITY OF a~ ,', " ,a " '~ -' ~ '""'. TH' so "TH"." O'~' "."OTA . City Hall Expansion and Renovation Design Development ......,. CGamNo.9m7 No_7.1"' BWBIl ARCHTECTS e STAIR A FINANCE ANANCE DIR COUNCIL CHAMBERS CONFERENCE ROOM e CITY OF THE BIRTHPLACE OF MINNESOTA City Hall Expansion and Renovation , - Design Development ......,. Ccmn.No. 930'7 N_7.1'" BWlIIl AACHlECTS 11/7195 Desi2n DeveloDment Cost UDdate The preJiminaty estimated costs based on design development plans compared to schematic design plans of 8/15/95 are as fonows: 8/15/95 1117195 Cost '" Cost 1. Total Construction Costs $2,920,056 $3,082,408 *2 2. Contingency 1()o~ VB. 5% *1 $ 292,026 $ 154,120 3. Project Costs 20% $ 642.418 $ 647.306 $3,854,500 $3,883,834 ~- '. Notes: 1. The contingency required on 8/15/95 was 10% (ie. 5% design + 5% construction). The contingency required at this stage is 5% (ie. 5% construction). 2. Included in total construction costs are the fonowing Alternates: 2.1) Alternate #1: Add Fire Hall Observation Bay (Room 129) Cost: $15,000 2.2) Alternate #2: Carpet Upgrade Cost: $ 5,600 e ,;' J> .. DONALD L. BEBERG ~ CHIEF OF POLICE · !water TIMOTHY J. BELL CAPTAIN ~ , THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M 0 RAN DUM TO: MAYOR KIMBLE AND THE CITY COUNCIL FROM: D.L. BEBERG, CHIEF OF POLICE DATE: NOVEMBER 3, 1995 RE: AGENDA ITEMS -------------------------------------------------------------------- e WE HAVE 15 OFFICERS WITH PROTECTIVE VESTS THAT ARE OUT DATED OR CLOSE TO IT. THE MANUFACTURER SAYS THEIR LIFE SPAN IS 5 YEARS. 8 OF THESE ARE BEYOND THAT AND 7 ARE DUE TO EXPIRE IN THE NEXT FEW MONTHS. THE VESTS ARE $535.00 EACH. THE COST FOR THE 8 WILL BE $4,280.00. THE STATE OF MINNESOTA WILL REIMBURSE US FOR 50% OF THE COST FOR THOSE OFFICERS HAVING A FULL-TIME POLICE LICENSE. THERE IS CURRENTLY ~ BALANCE OF $2,750.00 IN THE 1995 UNIFORM BUDGET. I AM ASKING PERMISSION TO BUY THE 8 VESTS WHICH WILL PUT OUR UNIFORM BUDGET' IN THE "RED" BUT THE REIMBURSEMENT MONEY FROM THE STATE ($2,140.00) WI~L SHOW UP IN THE "REFUNDS AND REIMBURSEMENT" ACCOUNT. WE HOPE TO BE ABLE TO REPLACE THE OTHER 7 VESTS THE FIRST PART OF NEXT YEAR. SOME OF 'THE "NEXT 7" ARE FOR PART-TIME OFFICERS WHERE THERE WILL NOT BE A REFUND FROM THE STATE FOR THEIR VESTS DUE TO THEM NOT HAVING A FULL-TIME POLICE LICENSE. PART OF THE DEPARTMENTS ON GOING TRAINING IS IN THE AREA OF "SELF DEFENSE" AND "USE OF FORCE PROCEDURES". WE HAVE OFFICERS THAT ARE SCHOOLED IN THE INSTRUCTION OF THESE AND CERTIFIED TO TEACH THE SUBJECTS. WE ARE ASKING FOR AN EXPENDITURE OUT OF THE "DRUG FORFEITURE" ACCOUNT IN THE AMOUNT OF $2,500.00 (TAX INCLUDED) TO BUY SEVERAL TRAINING AIDS' FOR USE BY THE INSTRUCTORS AND THE OFFICERS. WE WILL BE GETTING A 1987 GMC PICKUP TRUCK THAT APPEARS TO BE IN EXCELLENT CONDITION WITH 50,000 MILES ON IT, THRU THE FORFEITURE PROCESS. IT HAS BEEN AWARDED TO OUR DEPARTMENT, BUT WE DO NOT HAVE THE FINAL PAPERS FROM THE COURT. THE BODY OF THE TRUCK IS EXCELLENT, IT WAS JUST REPAINTED. I AM ASKING THAT WHEN WE TAKE POSSESSION OF THE TRUCK WE BE ALLOWED TO SELL THE CURRENT C.S.O. TRUCK AND TOPPER AND USE THAT MONEY TO PURCHASE A NEW TOPPER FOR THE FORFEITED TRUCK (THE CURRENT TRUCK IS MEDIUM SIZE & THE FORFEITED ONE IS FULL SIZE), PURCHASE GRAPHICS AND CHANGE OVER THE EMERGENCY EQUIPMENT (RADIO, SIREN, LIGHTS ETC.) FROM THE CURRENT VEHICLE TO THE "NEW" ONE. THERE ALSO IS A BALANCE OF $795.00 IN THE 1995 POLICE BUDGET FOR REPAIRS TO THE BODY OF THE CURRENT TRUCK WHICH WILL NOT BE SPENT FOR THAT PURPOSE. I AM ASKING PERMISSION TO USE THAT MONEY ALSO, IF NECESSARY. 95-67 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 e' STAFF REQUEST ITEM POLICE MEETING DATE 11-07-95 DEPARTMENT DESCRIPTION OF REQUEST (Briefly outline what the request is) 1. Purchase 8 protective vests for police officers 2. Purchase traininR equipments/aids. 3. Sell vehicle. purchase eQuipment and transfer eQuipment FINANCIAL IMPACT tBriefly outline the costs, if any, that are associated with this request and the proposed sourceofthe funds needed to fund the request) ~ 1. Purchase is for $4280.00 with a reimbursement of $2140.00 2. Purchase is for $2500.00 from the Drui Forfeiture Account 3. ' Vehicle sale should be $3.000.00 + $795.00 in the bud~et for the C.S.O. truck. Expenses a~ainst the chanReover. labor and equipment that is 'needed is est~ated at $3,500.00 so there should be enough money to cover our costs. ADDmONAL INFORMATION ATrACHED YES A NO_ SEE ATIACHED MEJ<<l ALL COUNCIL REQUEST ITEMS MUST BE SUBMITI'ED TO THE CITY CLERK A MINIMUM OF FIVE WO ING DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED COUNCIL MEETING ER TO BE PLAC IN THE COUNCIL MATERIAL PACKET. DATE //- 3 -J?S-- SUBMImDBY I. ~L I~/? / r-s- e MEMO TO: MAYOR" CITY COUNCIL r\ PROM: DIAHE DEBLOII, PIIIAHCE DIRECTOR ~ru DATE: NOVEMBER 3, 1995 SUBJECT: COUNTY RD. 5 LANSCAPE PUNDS At the Sept. 19 meeting the City Council directed staff to look into the possibility of using the remaining funds from the C. Rd.5 landscape project for Mckusick Road. This is not possible because the funds are TIF funds, and Mckusick Rd. is not within the TIF district. e ~L Special Meeting STILLWATER CITY COUNCIL MINUTES October 17, 1995 4:30 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka (arrived at 4:45 p.m.), Thole, Zoller and Mayor Kimble. Absent: Councilmember Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Engineering Technician Moore City Clerk Weldon Press: Julie Kink, The Courier 1. Workshop: Fiscal Impact Analysis Rob Tautges of Tautges, Redpath & Co. presented the Fiscal Impact Analysis for the Comprehensive Plan Update. 2. Livable Communities - Presentation by Metropolitan Council. Linda O'Connor and Bill Byers, presented the Metropolitan Council Livable Communities Program. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct Community Development Director Russell to prepare benchmark goals and appropriate resolution electing to participate in Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for consideration at the November 7 meeting. All in favor. RECESS Motion by Councilmember Thole, seconded by Councilmember Zoller to recess the meeting at 6:15 p.m. All in favor. MAYOR e ATTEST: CITY CLERK ~. Regular Meeting STILL WATER CITY COUNCIL MINUTES October 17, 1995 e 7:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Police Captain Bell City Engineer Eckles Consulting Engineer Moore Planning Commission Chairman Fontaine City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the minutes of the Regular and Recessed Meetings of October 3, 1995 and the Special Meeting of October 10, 1995. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Citizen Commendation: Melvin E. Rustin Mayor Kimble and Police Captain Bell presented a Police Department citizen commendation to Melvin E. Rustin for saving an individual from drowning. 2. Petition for Dedication Acceptance of City Street - McKusick Road Lane North. Ed Conrad, president of Gardens Townhomes Association, presented a petition requesting the City accept dedication of McKusick Road Lane as a public street and maintain it as such. Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct staff to work with residents to bring streets and utilities into the City system. Ayes - 2; Nays - 3, Councilmembers Thole, Zoller and Mayor Kimble. e " ..... e Stillwater City Council Minutes Regular Meeting October 17, 1995 Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to study issues and prepare a report for the December 5 meeting regarding the request from Gardens Townhomes Association for dedication acceptance of McKusick Road Lane North as a City street. All in favor. 3. Territorial Coalition. Inc. - Petition for feasibility study related to drainalle improvements at Minnesota Territorial Prison Site. John Lang, Vice President of Territorial Coalition, Inc. presented a petition requesting a feasibility study for public improvements of Minnesota Territorial Prison Site. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution accepting the Petition and Ordering preparation of storm water feasibility study of Battle Hollow Ravine, L.I. 318. (Resolution No. 95-242) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None OPEN FORUM 1. Jerry Hicks. Supervisor. Stillwater Township Jerry Hicks, Stillwater Township Supervisor, requested information on the dates of meetings on the Comprehensive Plan and the anticipated completion date. Community Development Director Russell reported a workshop with Council and the Planning Commission is set for Wednesday, October 25 at 7:00 p.m. 2. Bill Lecuyer. representinll Wildwood Pines. Bill Lecuyer, representing Wildwood Pines, stated he will dedicate Outlot A to the City if given assurance the City will develop property as a park. Community Development Director Russell reported that the site is not part of the current park system plan and would benefit only that development. Council directed City Engineer Eckles and Community Development Director Russell to refer the issue to the Parks and Recreation Board for their meeting on October 23 for review and recommendation. e 2 ..... ,A Stillwater City Council Minutes Regular Meeting October 17,1995 el CONSENT AGENDA Councilmember Bealka requested that Item 2 be removed from the Consent Agenda. Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the Consent Agenda of October 17, with Item 2 deleted, and including the following: All in favor. 1. Resolution 95-241 Directing Payment of Bills. 2. f~ppr6'ying Lawful Cambling Premi3e3 Permit at Candftk-es Dar ft:n:B Re3tam8fit. 3. Contractors License - Buelow Excavating. 4. Resolution 95-243 Accepting bid and authorizing sale of police vehicle to Suburban Auto. Resolution 95-244 Accepting bid and authorizing sale of police vehicle to Welcome Motors. 5. Approving sewer bill adjustment. 6. Submit claim to insurance carrier. 7. Approving upgrade of administration department computers. Motion by Councilmember Cummings, seconded by Councilmember Bealka to deny the application by North St. Paul Lions Club for Lawful Gambling Premises Permit at Canelakes Bar and Restaurant. All in favor. (Council Recessed at 8:05 p.m. and Reconvened at 8:20 p.m.) PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider an appeal of Planning Commission approval of Case No. DP/SUP/95-60, Special Use PermitlDesign Permit for a 20 housing unit townhouse project located east of Benson Blvd. on West Orleans Street in the RCM, Medium Density Residential District, Kornovich Development Company, applicant. Notice of the hearing was placed in the Stillwater Gazette on October 13, 1995, and notices mailed to affected property owners. Community Development Director Russell reviewed the project and the Planning Commission decision. He addressed each of the six reasons for reconsideration listed by residents appealing the Planning Commission decision. Lonnie Kornovich, Kornovich Development Co., reported on the developer's efforts to satisfy neighborhood concerns. 3 e ... e Stillwater City Council Minutes Regular Meeting October 17, 1995 Debra Nolan, 1363 Benson Blvd., stated opposition to the developer's request for a reduction of park fees and also questioned the results of the traffic study. John Hogan, 1561 Driving Park Road, requested stop signs be installed at Curve Crest and Orleans. Consulting Traffic Engineer Van Wormer explained that traffic volumes are the determining factor, and that comer does not meet the minimum warrants for installation of SIgns. Bob ~~6J QeRS6ft B5~~ \ 11m, requested the City implement the Minnesota Multi- housing Program. Mayor Kimble closed the Public Hearing. Motion by Councilmember Cummings, seconded by Councilmember Thole to uphold the Planning Commission decision, subject to the conditions of approval as listed by the Planning Commission, approving Case No. DP/SUP/95-60. Ayes - 4; Nays - 1, Councilmember Bealka. Motion by Councilmember Thole, seconded by Councilmember Cummings to deny the request for reduction of park dedication in lieu of fee requirement by Kornovich Development Company. Ayes - 4; Nays - 1, Councilmember Zoller. Motion by Councilmember Cummings, seconded by Councilmember Thole to approve use of excess West Orleans right of way for landscaping and ponding, subject to maintenance by adjacent property owners. All in favor. (Council recessed at 9:20 p.m. and reconvened at 9:30 p.m.) (Councilmember Bealka was excused from the remainder of the meeting.) UNFINISHED BUSINESS 1. Update of Deer Path issue. City Engineer Eckles reported on a concept design for Myrtle Street/County Road 5 alternative connection. He stated the cost and magnitude was such that he recommended Council look at other options. Glen Van Wormer, Short Elliott Hendrickson traffic consultant, discussed alternates studied as a possible solution to reducing traffic volumes on Deer Path. e 4 ~ Stillwater City Council Minutes Regular Meeting October 17, 1995 e Gary Storbakken, 301 Maryknoll Drive, stated cut-through traffic on Maryknoll is already high and would increase with blocking of Deer Path. Steve Sweetland, 214 Maryknoll Drive, expressed concern with impact of increased traffic again as was the case with the Thompson development. Motion by Councilmember Thole, seconded by Councilmember Zoller to table the Deer Path traffic issue. All in favor. 2. Possible second readin~ of ordinance amendin~ Stillwater City Code Chapter 41. Sec. 41.04 Subd. 3 by increasin~ license fee for ci~arette sales. Steve Meister, Meisters Bar & Grill, questioned how the fees collected would be used. Mayor Kimble stated that the fees would be used for costs of compliance checks. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of an ordinance amending the Stillwater City Code Chapter 41, Section 41.04 Subd. 3 by increasing license fee for cigarette sales. Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Possible second readin~ of an ordinance amendin~ Stillwater City Code Chapter 30. Sec. 30.01 Subd. 8 by increasin~ the fee for recyclin~. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of an ordinance amending the Stillwater City Code Chapter 30, Sec. 30.01 Subd. 8 by increasing the fee for recycling. Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Possible second readin~ of an ordinance amendin~ Stillwater City Code relatin~ to kennels Motion by Councilmember Thole, seconded by Councilmember Cummings to refer to the Planning Commission for review and recommendation an amendment to the Stillwater City Code relating to kennels. All in favor. 5 e, e e ... ~ . Stillwater City Council Minutes Regular Meeting October 17, 1995 NEW BUSINESS 1. Resolution Approving Programmatic Agreement with U.S. Army Cor.ps of Engineers for Stillwater FloodJRetaining Wall Project. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving the Programmatic Agreement among U.S. Army Corps of Engineers, Advisory Council on Historic Preservation and the Minnesota State Historic Preservation Office regarding implementation of Stillwater FloodJRetaining Wall Project. (Resolution 95-245) Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. ETC Enter.prises. Inc. - Request relating to footing and foundation permit for CountIy Inn & Suites. Rodney Lindquist, Link Development Co., (ETC Enterprises), requested Council authorize staff to issue Footing and Foundation Permit before all documents submitted in order to complete underground plumbing and site utility work prior to winter conditions. Council determined that the proper process should be followed. Council directed staff to work with ETC Enterprises, Inc., Link Development Co., to assist them with completing proper process as expediently as possible. 3. Ed Cain. Legislative Associates - Proposal for providing support for Mighty Ducks proposal for funds. Motion by Councilmember Cummings, seconded by Councilmember Thole to direct the proposal by Ed Cain, Legislative Associates, for support services be submitted to Sports Facilities Commission for review and recommendation at the Commission's October 25 meeting. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn the meeting at 10:30 p.m. All in favor. 6 Stillwater City Council Minutes Regular Meeting October 17, 1995 MAYOR ATTEST: CITY CLERK Resolutions: 95-241 - Directing Payment of Bills. 95-242 - Accepting petition & ordering preparation of feasibility report storm water feasibility study of Battle Hollow Ravine, L.I. 318 95-243 - Accepting bid and authorizing sale of police vehicle to Suburban Auto 95-244 - Accepting bid and authorizing sale of police vehicle to Welcome Motors 95-245 - Approving Programmatic Agreement with u.S. Army Corps of Engineers for Stillwater Flood/Retaining Wall Project 7 ,. .~ e e Special Meeting STILL WATER CITY COUNCIL MINUTES October 25, 1995 7:00 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Planner Fitzgerald Consulting Engineer Moore Consulting Traffic Engineer Van Wormer City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Also Present: Ed Cain, Rob Tautges, Planning Commissioners Glenna Bealka, Duane Elliott, Gerald Fontaine, Kirk Roetman, Don Valsvik, and Darwin Wald CITY COUNCIL/PLANNING COMMISSION COMPREHENSIVE PLAN WORKSHOP Community Development Director Russell presented: 1. Review of Comprehensive Plan Update process to date. 2. Plan Overview. 3. Key Plan Elements: Land Use; Natural Resource Protection/Open Space; Parks and Trails; Consulting Traffic Engineer Van Wormer presented: Traffic and Circulation. Consulting Engineer Moore presented Public Facilities (sewer and water). Rob Tautges, of Tautges, Redpath & Co., summarized the fiscal impact report presented at an earlier meeting. City Attorney Magnuson discussed annexation concerns relating to the Comprehensive Plan Implementation. Staff recommended annexation at this time with the following justification: present law; plan protections; phased services; consistency with prior plans; economy of effort; mitigation of impact; voice in government; prevent urban sprawl; identifiable municipal boundaries; and ability of the town to function. e A Question/Answer session followed. . Stillwater City Council Minutes Special Meeting October 25, 1995 e City Attorney Magnuson explained that the responsibility for adopting a plan is with the Planning Commission. The law requires one public hearing preceeded by 10 days notice. Council can then approve the plan recommended by the Planning Commission by resolution. If Council disagrees with the recommended plan, the plan must return to the Planning Commission. The Planning Commission has 60 days to review the revised plan. Councilmember Cummings requested clarification on sewer line issues. Chairman Fontaine stated that the current Plannling Commission recommendation did not include the entire area as recommended in the staff memo. Don Valsvik requested clarification from Tautges, Redpath & Co. on the costs/risks of phasing. Councilmember Thole suggested the area recommended for zoning change to multi- family on plan remain as currently zoned (industrial). There is now more demand for industrial property than at time the plan was developed. Kirk Roetman stated the reason for the recommendation was to shift the density of population growth from the new annexation area and spread some into the existing City. Councilmember Cummings expressed concern with traffic issues and the possibility of expanded retail area in the northwest comer of the area. Mr. Russell reported a four acre site is included in the plan. Councilmember Zoller stated the need to reflect potential park acquisition in the plan. Mr. Russell reported that the plan does identify general areas but not specific sites. Councilmember Zoller questioned if already developed areas in the annexation area could be placed in the rural taxing district. Mr. Tautges discussed the fiscal impacts of rural taxing districts. Councilmember Zoller questioned Mr. Moore on the costs of sewer/water main through the developed area. Mr. Moore reported that there would be no cost to property owners in Middle Trunk A at this time. South Trunk B would carry costs to get to other areas. Councilmember Bealka requested information on trails along the west side of Long Lake. Mr. Russell and Mr. Moore reported trails would be over sewer easements. 2 e .. e Stillwater City Council Minutes Special Meeting October 25, 1995 Motion by Councilmember Thole, seconded by Councilmember Cummings to refer the following list of suggestions regarding the Comprehensive Plan to the Planning Commission for consideration: (All in favor) 1. Maintain current industrial land use in west business park area. 2. Identify potential park locations. 3. Implementation of rural tax districts to mitigate impact. 4. Review trail system and lake setbacks. 5. Acceptance of recommendations as listed in staff memo. 6. Consideration of joint usage of adjacent school and city owned land for recreational green space. (Council recessed at 8:50 p.m. and reconvened at 9:15 p.m.) OTHER BUSINESS 1. Ed Cain - Update on Federal Issues relating to ap"propriations for Levee Project and Stillwater Armory. Ed Cain, Legislative Associates, requested that City officials attend the November Congressional meetings. Motion by Councilmember Cummings, seconded by Councilmember Thole to authorize the Mayor and City Coordinator to attend meetings in Washington D.C. with the Congressional delegation and committees making decisions on Stillwater projects. All in favor. 2. Change Order for L.I. 317. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving Change Order No.1, L.I. 317, Landscaping - Wilkins and William Streets Storm Sewer. (Resolution 95-246) Aye s- Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Mighty Ducks Grant Application Requirements. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution endorsing the St. Croix Valley Sports Facilities Commission for the solicitation of funds for the construction of a multi-purpose sports facility and approving the Memorandum of Ie 3 . Stillwater City Council Minutes Special Meeting October 25, 1995 el Understanding between the City of Stillwater and the Commission. (Resolution 95-247) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Community Development Director Request. Motion by Councilmember Thole, seconded by Councilmember Zoller to authorize the Community Development Director to attend the National Association of Home Builders Conference in Memphis in November. All in favor. 5. GI11InPier Old Men filming. Motion by Councilmember Bealka, seconded by Mayor Kimble to authorize the Mayor to send a letter to Warner Brothers commending Ken Lavitt. All in favor. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn the meeting at 9:40 p.m. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: 95-246 - Approving Change Order No. 1,1.1. 317, Landscaping - Wilkins and William Streets Storm Sewer 95-247 - Endorsing the St. Croix Valley Sports Facilities Commission 4 e ~ 1I/7/9r- e Citizens Concerned for the Restoration of Lake McKusick 1941 Oak Glen Place, Stillwater, MN 55082 10/31/95 Hon. Mayor Jay Kimble and Stillwater City Council Municipal Building 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Kimble and Stillwater City Council: We are a recently formed citizens group who want to be involved in the restoration of Lake McKusick's natural spaces. Our first formal meeting was held on Saturday, October 27, 1995 and was well attended with great enthusiasm. Our recommendation is that a joint task force be set up which would include representation of the concerned citizens group. This project has great potential for strengthening our bonds as a community. We have a large number of concerned citizens who are willing to work together having knowledge and expertise in different areas. The group envisions getting school children involved, especially in connection with planting and path building to give them a vested interest in the project so that they can better appreciate the natural habitat and hopefully protect it rather than destroy it. Stonebridge School has expressed an interest in developing nature trails connecting with the Lake Mc Kusick area. We would be willing to assist the schools to tie this in with their studies. The goal would be to preserve this as a 'wild' area. Our concerns include: Access - restoring the path around the lake incorporating the old trolley path. We see the possible need for a floating boardwalk on the northwest comer of the lake. Vegetation - restoring plantings of 'native' vegetation so that eventually it will in effect care for itself while supporting wildlife. Parks - return of the park playground on the comer of McKusick and Owens considering parking problems and safety. Also the small area on Green Twig Way. We understand that there are funds designated for this restoration. We are most interested in what our Citys' short and long term restoration plans are. We care! e Sincerely, '-. J 0 .' ~V7~ Yvonne M. Ermirio CCRLM l~5 \ - C>?..3 0 . . . I. " LIST OF BILLS EXHIBIT "A" TO RE SOL UTION NO. 95-248 A T & T A T & T Wireless ACE Hard ware Action Rental Allied Blacktop Ancom Communications Aspen Mills Bailey Construction Bailey, Chuck Barthol, Robert Bashaw, Sheila Bealka, Michael & Sandra Bell, Timothy Buberl Landscaping Business Equipment Bokerage Clarey's Cobb Group Courier Cy's Uniforms DAC Industires Danko Emergency Equipment Deblon, Diane Desch, Mark & Gloria Doeksen, Margaret Douglas County Sheriff E G Rud & Sons Earl F Anderson Ecolab Emergency Apparatus Equipment Supply Flannagan Sales Franklin Quest Funari, William & Susan Glaser, Paul Goodwill Industries Gov't Accounting Standards Board Greeder Electric Hafner, George & Susan Haussner Plumbing & Heating Hennepin Techincal College Infratech Int'l Conference of Bldg Officials Kangaroo Self Storage Lacal Equipment League of MN Cities Ins Trust Legislative Associates Longseth, Brian & Esther Magnuson, David Mark Balay Architects McDaniel, Gayle Metro Waste Control Commission Long Distance Pager Service/Mobile Phones Bolts-Playground Equipment Concrete Seal Coating Mobile Radio Uniforms Payment #3-LI 310 Replace Sidewalk-Washington Park Housing/Meals Overpayment-LI 285 Overpayment-L! 285 Housing Black Dirt Chair Casters Recharge Fire Extinguishers Subscription Renewal Legal Publications Badges/Name Tags Cleaning Supplies/Garbage Bags Bunker Gear/Boots Health Insurance Parking Lease/Maintenance Overpayment-LI 285 Serve Complaint/Summons Land Surveying-Bldg Remodeling Signs Pest Control Heater Repair Maint Agreement/Servie Call Slide-Staples Field Planner Refill Overpayment-LI 285 Boiler Engineer Recycling Interpetation Electrical Services Overpayment-LI 285 Replace Hot Water Heater Training-Haus ken/Nobles Televising Services Inspoction Handbook Storage Rental Sweeper Parts Deductible Monthly Retainer Overpayment-LI 285 Legal Services Parking Structure-UBC Overpayment-L! 285 SAC 27.30 139.73 6.24 206.61 51,609.38 3,105.00 106.86 42,609.88 150.00 330.63 422.37 989.21 229.50 38.34 31.90 70.68 59.00 44.08 72.22 252.05 24,395.00 354.31 742.30 787.92 37.75 1,155.50 74.34 218.33 299.67 2,229.24 272.47 31.63 648.81 200.00 297.91 9.50 2,247.40 430.07 6,405.00 651.40 450.00 29.50 176.00 1,517.60 1,000.00 500.00 572.38 11,924.79 2,027.65 392.83 7,474.50 Miller, Davin MN Dept of Trasportation MN Pollution Control Agency MN UC Fund MN Valley Landscape Mogren Sod Farm M/ A Associates Ness, George Northern Hydraulics Northern States Power Northshore Compressors Oftendahl, Mark Poltus Implement Public Safety Equipment Russell, Stphen Sanders Wacker Wehrman & Bergly See, Philip & Jone Shorty's St Croix Drug St Croix Office Supplies S t Croix Recreation Stillwater Sunrise Rotary Club Superindent of Documents T A Schifsky Thompson Hardware Tim's Floor Care Tower Asphalt U S West Cellular Verstegen, Peter/Callahan, Colleen Viking Office Products Wal-Mart Warning Lites Washington Co Assessor Washington Co Info Services Washington Co Sheriff Waterfield, Richard & Nancy Woodchuck Tree Service Wybrite Zepper, Allen MANUAL CHECKS-OCTOBER 1995 Blue Cross/Blue Shield of MN Federal Express Junker Sanitation MN Dept of Revenue MN State Treasurer Stillwater, City of U S Postmaster ADDENDUM TO BILLS Beachler Enterprises Uniforms Material Testing & Inspection Investigation/Cleanup-Lot 57 Unemployment Landscapin g- Mar ketplace Sod-Lowell Park Supplies Housin g/Meals Truck Inspection Equipment Street Lighting Compressor Repair Overpayment-LI 285 Cable Calibrate Radar Units Mileage/Parking Landscape Arch Services Overpayment-Utility Bill Laundry Collection Service Office Supplies Recycling Containers-Pioneer Park Memebership-Kriesel Subscription Renewal Ba1cktop Salt Pad Supplies Floor Cleaning Payment #3-LI 312 Mobile Phone Overpayment-L! 285 Office Supplies Film/Batteries Barricades Assessment Services Plat/Parcel Listing Records System Rental Overpayment-L! 285 Stump Removal Computer Repair Meals October Payment Mailing Service October Payment Sales/Use Tax Building Permit Surcharge Replenish Petty Cash Postage-Meter/Utility Billing Keys II' 54.98 159.71 108.00 6.43 29,062.50 93.72 205.40 311.54 129.90 11,071.64 278.22 684.33 44.14 125.00 50.00 177.50 134.13 84.35 7.10 117.77 711.18 115.00 23.00 3,900.00 102.28 650.00 90,125.31 78.72 157.53 201.89 59.62 84.09 42,696.75 265.18 525.00 647.77 127.80 305.30 63.50 . . . 4,864.85 12.50 91,000.00 24,920.00 2,369.00 134.43 1,914.13 .! 110 . . . . .. Courier Grumpier Old Men Hansen, Patricia Kimble, Jay Legislative Associates Northern States Power Northwestern Tire United Building Center U S West Communications Legal Publication/Newsletter Refund of Deposit Overpayment-LI 285 Phone Calls/Meals Consultant Services Gas/Electric Wheel Alignment Lumber/Cement Telephone TOT AL: Adopted by the City Council this 17th day of October, 1995. APPROVED FOR PAYMENT 1179.25 750 763.8 89.1 750 8641.67 32.52 64.4 2410.68 -------------- -------------- 491,807.39 -------------- -------------- 'LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-248 e e ACE Hard ware Action Rental A T & T A T & T Wireless Allied Bla~ktop Ancom Communications Aspen Mills Bailey, Chuck Bealka, Michael & Sandra Barthol, Robert Bashaw, Sheila Bell, Timothy Buberl Landscaping Business Equipment Bokerage Clarey's Bailey Construction Cobb Group Courier Cy's Uniforms DAC Industires Danko Emergency Equipment Deblon, Diane Desch, Mark & Gloria Doeksen, Margaret Douglas County Sheriff E G Rud & Sons Ecolab Emergency Apparatus Earl F Anderson Equipment Supply Flannagan Sales Franklin Quest Funari, William & Susan Glaser, Paul Goodwill Industries Gov't Accounting Standards Board Greeder Electric Hafner, George & Susan Haussner Plumbing & Heating Hennepin Techincal College Int'l Conference of Bldg Officials Infratech Kangaroo Self Storage Lacal Equipment League of MN Cities Ins Trust Legislative Associates Longseth, Brian & Esther M/ A Associates Magnuson, David Mark Balay Architects Metro Waste Control Commission McDaniel, Gayle Miller, Davin MN UC Fund Bolts-Playground Equipment Concrete Long Distance Pager Service/Mobile Phones Seal Coating Mobile Radio Uniforms Replace Sidewalk-Washington Park Overpayment-LI 285 Housing/Meals Overpayment-LI 285 Housin g Black Dirt Chair Casters Recharge Fire Extinguishers Payment #3-LI 310 Subscription Renewal Legal Publications Badges/Name Tags Cleaning Supplies/Garbage Bags Bunker Gear/Boots Health Insurance Parking Lease/Maintenance Overpayment-LI 285 Serve Complaint/Summons Land Surveying-Bldg Remodeling Pest Control Heater Repair Signs Maint Agreement/Servie Call Slide-Staples Field Planner Refill Overpayment-LI 285 Boiler Engineer Recycling Interpetation Electrical Services Overpayment-LI 285 Replace Hot Water Heater Trainin g- Haus ken/Nob les Inspection Handbook Televising Services Storage Rental Sweeper Parts Deductible Monthly Retainer Overpayment-LI 285 Supplies Legal Services Parking Structure-UBC SAC Overpayment-LI 285 Uniforms Unemployment 6.24 206.61 27.30 139.73 51,609.38 3,105.00 106.86 150.00 989.21 330.63 422.37 229.50 38.34 31.90 70.68 42,609.88 59.00 44.08 72.22 252.05 24,395.00 354.31 742.30 787.92 37.75 1,155.50 218.33 299.67 74.34 2,229.24 272.47 31.63 648.81 200.00 297.91 9.50 2,247.40 430.07 6,405.00 651.40 29.50 450.00 176.00 1,517.60 1,000.00 500.00 572.38 205.40 11,924.87 2,027.65 7,474.50 392.83 54.98 6.43 MN Dept of Trasportation MN Pollution Control Agency MN Valley Landscape Mogren Sod Farm Ness, George Northern Hydraulics Northern States Power Northshore Compressors Of ten dahl, Mark Polfus Implement Public Safety Equipment Russell, Stphen St Croix Drug S t Croix Recreation St Croix Office Supplies See, Philip & Jone Shorty's Stillwater Sunrise Rotary Club Sanders Wacker Wehrman & Bergly Superindent of Documents T A Schifsky Tim's Floor Care Thompson Hardware Tower Asphalt U S West Cellular Verstegen, Peter/Callahan, Colleen Viking Office Products Wal-Mart Warning Lites Washington Co Info Services Washington Co Assessor Washington Co Sheriff Waterfield, Richard & Nancy Woodchuck Tree Service Wybrite Zepper, Allen Material Testing & Inspection Investigation/Cleanup-Lot 57 Lan dscaping-Mar ketplace Sod-Lowell Park Housing/Meals Truck Inspection Equipment Street Lighting Compressor Repair Overpayment-LI 285 Cable Calibrate Radar Units Mileage/Parking Box Service Recycling Containers-Pioneer Park Office Supplies Overpayment-Utility Bill Laundry Memebership-Kriesel Landscape Arch Services Subscription Renewal Balcktop Salt Pad Floor Cleaning Supplies Payment #3-LI 312 Mobile Phone Overpayment-LI 285 Office Supplies Film/Batteries Barricades Plat/Parcel Listing Assessment Services Records System Rental Overpayment-LI 285 Stump Removal Computer Repair Meals 159.71- 108.00 29,062.50 93.72 311.54 129.90 11 ,071.64 278.22 684.33 44.14 125.00 50.00 7.10 711.18 117.77 134.13 84.35 115.00 177 .50 23.00 3,900.00 650.00 102.28 90,125.31 78.72 157.53 201.89 59.62 84.09 265.18 42,696.75 525.00 647.77 127.80 305.30 63.50 '- e e e e Memorandum To: Mayor and Council Modi Weldon, City Clerk ~ Date: November 3, 1995 From: Subject: Permanent Employment of Susan Thorn Susan Thorn has been serving as secretary to the AdministrationlFinance departments for the past six months. During that time, she has progressively developed her knowledge of the operation of the City, additional computer programs, and other job-related duties. Her positive and pleasant attitude carries through to her dealings with both the public and staff. Susan Thorn has demonstrated both the ability and attitude needed for the position of secretary with the City of Stillwater. Recommendation: Approval of Resolution approving permanent employment of Susan Thorn as secretary. RESOLUTION NO. 95- APPROVING PERMANENT EMPLOYMENT OF SUSAN THORN AS SECRETARY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent full-time employment of Susan Thorn as secretary from and after November 15, 1995, having served a probationary period of six months, is hereby approved. Adopted by Council this 7th day of November, 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e CITY OF STILLWATER MEMORANDUM DATE: November 3, 1995 TO: Mayor and City Council FROM: Klayton Eckles, City Engineer 'I-~/ SUBJECT: End of Probationary Period for Tim Moore DISCUSSION The 15th of November marks the end of the six month probationary period for Tim Moore. During his first six months Tim Moore has demonstrated himself to be highly skilled in all aspects of municipal engineering, as well as very dedicated to providing the public with quality service. Tim's presence on the city staffhas greatly increased the capability of the engineering and public works department. The following is a list of some of the projects and tasks in which Tim has completed in his fust six months: . Assisted in the preparation of plans and specifications for city projects, including the sidewalk and brick pond projects. . Coordinated and inspected city projects. . Prepared city assessment roles and attended assessment hearings. . Reviewed graling plans and as-built surveys for single family and commercial buildings. . Responded to citizen complaints and concerns regarding various city projects. . Provided technical support to other staff members, as need. Adding Tim Moore to city staff has not only improved our level of service, but has also cut costs on certain projects. Any time which Tim spends on city projects has been charged against these projects, therefore, Tim's salary has been recaptured via assessments and project charges. RECOMMENDATION e All in all Tim has greatly increased our level of service and he has done an outstanding job, therefore, I highly recommend Tim Moore for permanent employment status. RESOLUTION NO. 95- APPROVING PERMANENT EMPLOYMENT OF TIM MOORE AS ENGINEERING TECHNICIAN IV BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent full-time employment of Tim Moore as Engineering Technician IV from and after November 15, 1995, having served a probationary period of six months, is hereby approved. Adopted by Council this 7th day of November, 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e No. 95-41 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, VPO and Associates, Inc has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said VPO and Associates, Inc 17595 Kenwood Trail Suite 280 Lakeville MN 55044 is hereby licensed and authorized to General Contractor for the period of one year' starting October 19, 1995 and ending October 19, 1996 subject to all the conditions and provisions of said Ordinances. Given under my hand and the cDrporate seal of the City of Stillwater this 19th day of October A.D. 1995. ' Attest: Mayor: No. 95-42 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA CitY of Stillwater County of Washington WHEREAS, Earl Weikle and Sons, Inc has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Earl Weikle and Sons, Inc 2514 24th Avenue South Minneapolis MN 55406 is hereby licensed and authorized to General Contractor for the period of one year starting October 24, 1995 and ending October 24, 1996 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 24th day of October A.D. 1995. Attest: Mayor: e . .. r illwater ~ ~ T H ~I R T H P LAC E 0 F M INN E SOT A ~ e REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT 2. ORGANIZATION- 3. ADDRESS I D / t,,) fJLA4~ 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~ . ~ .t0r tL..., r? ~o -, /7, 18, /9 ~ i~ tlai1~. '-jUAoO QA74~ -'iJt<; BANNER LOCATION EQUESTED: . 5. ~ D D 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 DATES TO BE DISPLAYED: -1le-u g - ~a J /1 9 .;- COMPANY INSTALLING BANNER: tl.u - ~ d.. ./ I 7. Address Phone D D MnDOT...... '.Date: ....... ..... .... . n. .::,':,._.,_"',., ., . ........--. h__u_o, -, ......... '.'.- ....... ....,.:. Ib /7 It] .... . I / , (Required fo.r Ma.. in Street . ..." .... '. ,..... ....... ...... -, .. .",.,._,,,,,.,"...... --'... .,. ........... P.... .... -., ..... Date: "'''., . . -". . -, ... c' ._"........ '" '.., . '"" ,,- ........" ". .._".--, '''' '-,'---, .: '-""-"',..,",,'- ',',"'''' . "...... P" . '.,...... .,-.'.....,...,........,_........ ".- ", ,....:.........'., """'--"-'" ...... ." ." ", ," I nstaller verification ... .... :Date:' e BANNER REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 CLAIM AGAINST CITY OF STILLWATER e NAME OF CLAIMANT St. Mary's Church ADDRESS 407 So. 5th St. PHONE NO. 439-1270 WHEN DID EVENT OCCUR? WHERE DID EVENT OCCUR? Saturday, Oct. 14, 1995 West side of 5th Street between Pine & Oak Sts. WHAT HAPPENED? Car fire WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? Fire truck in order to reach vehicle bumped into tree in our parking lot causing damage. (Or is owner of the burned vehicle at fault???) STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED Younq tree bent and broke trunk - replacement cost is $254.00 NAME OF PERSON MAKING REPAIR; OR GIVING CARE Estimate from Abrahamson Nursery Oct. 23, 1995 DATE 71(1' ~ SIGNA E fv . IJl~:, e/~ You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. e CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT Bruc eJ U- n tc r - ::forda nJu /) Ice t- t ciau,1 hfe r) _ . ADDRESS_1S{)Y ~,1st ,,S+r<::L-r PHONE NO. q3q -()C/ro3 WHEN DID EVENT OCCUR? c:g - Lf - C; 'S WHERE DID EVENT OCCUR? dJ, II a -.$h~e-r WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? L!t:2L{ --IJlrt.d~fl'1'/f //>:rX tlri4- /JJtU5 ~d ~)ti~fr J!J~<<-/d !J ~tJ-ted4~d bp i?f<< /U4I~~ I ~d IJMLt . NAME OF PERSON MAKING REPAIR; OR GIVING CARE . II//Jf~~ ( I DATE ~~fk~ 0'1(~~ f'SIGNATU ' You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. _I oJ I L.i 1\ J. _/~' ,(~' '..) ,':}1 .~ ~ ~ M~APOLIS 'M :,S,5~1~~~j~~~33 :I APPR VeD OMB Nr 1Jn1f ';<'~--'" <'l1:!tll; ,,,,, uict 56 r~.l~~~;;''\.~l~~ -""c1ot'llf('tlfiW.l:~~",..nt~ :r(rI~~J,9}:~fi:?l'lM:,eiRII~i 62 INSURANCE GROUP NO, MN3b510 Sr:CKERT BORIS 83 OTHER PHYSrlOj M N :j 5 5 7 0 ~, BE eKE H T'"'fJOR I S ~ b a b a b COpy 1 I CER7IFY 7HE CERTIFICA7IONS ON THE REVERSE APPlY TO 7HIS BIU AHO ARE MADE A PART HEREOF, J(-- /c q,-- " - -------- '--- -------------,---- .......,,;.-- ---. -.----- .- / ..~- , -.. .. -- -~- - /', '-. ',,- ;.-45S2bS 08/0419" O~. BECKERT. BORl' tO/lS/19QZ ~ 2 II JU!UER. JORDAN J C - ER- o ~ DATE: TIME: ,-..\ . I ~/.30 ER# e..cX-err ALLERGIES: €.r17.l-$s. ~ MEDS: -9---- BROUGHT BY Ih 0 I)-) TREATMENT PRIOR TO ADMISSION N IFIED ARRIVED ne He.<.v o.'/efO TETANUS: urlJ I~ .' CUNI':! In V SEEN BY PRIVATE DOC"jt..s. TIME TEMP PULSE RESP BP TIME MEDICATION .((<lIII .4.. ..- i:n I ~.l. 'J) DR. ORDERS ~ NURSE'S SIGNATURE i>. CIRCLE TESTS ORDERED WRITE IN RESULTS CBC: HG WBC_ DIFF___ CHEMI CHEM6 NA_ CL_ K C02 BUN CR_ GLUCOSE OTHER o ~ ~ n.... ',U ~ tx: . '<( a. w Q P z ;,LJ ASSESSMENT :J '::C tJ URINALYSIS_ _ EKG X.RAY - _i. ... . DISPOSITION CONDITlON TIME d J:;tJ DR. SIGNATURE VG.270e06 Rev. 6/95 e e MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Use of O'Brien Field tennis courts by Stillwater Elks Club for selling Xmas trees DAm: October 31, 1995 The Stillwater Elks Club is requesting approval to use the tennis courts at O'Brien Field (Lily Lake) to store and sell Xmas trees, The courts would be used from November 17th thru Xmas.The City has allowed the Elks Club to use the courts for this purpose for several years now, I have talked to Tim Thomson about the request and Tim approves. Therefore, I would recommend approval of the Elks request. /j1~ I..I......~_I ~.lpp. JlcatJlOn for Authorization for Exemption from Lawful Gambling License FEE INIT CHK DATE lAw. v.w3) Currenllprevlous exefl1ll nUrWer e Street 218 E. Willard St. Chief Ex8CUllve Officer County Daytime Phone NUnDer Check the box below which indicate. your type of organization o Fraternal o Veterans /XI Religious ton Signature 01 person receMng application Date received TIle Date Received 10 ~ ail with $25 permit fee and copy of proof of nonprofit 8tatus to: Gambling Control Board 1711 W. County Rd. B, Suite 300 S. Roseville, MN 55113 White - Original Yellow - Board returns to organization to complete shaded areas e, This fo will be made available in alternative format (Le. large print, braille) upon request. STAFF REQUEST ITEM e DEPARTI1ENT B/2kr: MEETING DATE ~tl, 7- /99's-' DESCRIPTION OF REQUEST (Briefly outline what the request is): P:[>11'<P5 -f , () Ba:/~// 70 ..~j/(:'" , he /~ ()(.)/ c;:'A..ec/\) ~)(c:.; G", ./ 'T ;::),0 Ji ,;:;:V7(. ~ 12~/:/iac €- I G.41'2 Lj,<) ./ &~~ -- J-~.-?c e fi. J'7C ~ Co. CO', H::?/G'Y ~ ~ "'0 ..!Y , ~ / 7? :5__ Old ;:::;."., <.e /.5 ~~A8t'jov "i ,(0/ -,.t-A , ") h.4-'j~ ~ ~,~ 6 ~ (") Y) 7oA:; / ~ ./ /-IJ~ t, / by 0/" C 5'" "c c/ FINANCIAL IMPACT (Briefly outline the cO'Sr, if any, that are associated with this request and the proposed source of the funds needed to fund the request) JI ~~j '" . ~~600 L)ur, qe-I--.:>d (/'#.IJe/l 0 /97'5 ~1-' v L /~.k ~ /'S:a 1/ /it'" JC'~ ADDITIONAL INFOR}ffiTION ATTACHED: YES NO X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMln1 OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. e SUBMITTED BY: '7'/ ,//77 --;:?'/?C.'1~7 s-:-e ~/) DATE: Ale", /-.5 1- STAFF REQUEST ITEM e DEPARTMENT Administration MEETING DATE Nnv 7, 1 qqi:\ DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of Munimetrix Clerks Index software program $950 maintp.nancp. agrp.p.mp.nt $300 Softwarp. prngrnm uc:;pd fnr ;nrlpx;ng minlftesJ orrlinancesJ resolutions 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) -..... In budget for 1995 ADDITIONAL INFORMATION A TIACHED YES-L- NO_ ALL COUNCa REQUEST ITEMS MUST BE SUBMITTED TO TIffi CITY CLERK A MINlMUM OF FIVE WORKING DA YS PRIOR TO 'I1-IE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN TIffi COUNCIL MATERIAL PACKET. SUBMITTED BY Morli Weldon, City Clerk DATE Nov. 1, 1995 e . \ . · " .,r ----- I"~- ""...... 7""'-- '--'.0 . -."- Clerks Index. Providing Your Team With A Modehl" Solution To An Age-Old Problem The Maior Issue Manual systems solutions to the management actions indexing and records management problem are notoriously time-consuming and full of holes. Accuracy and speed are also issues. Munimetrix solved this problem by developing a computer-based system, Clerks Index (CI), which is easy to learn and use, and economical as well. It is a proven and trustworthy system, already in use in hundreds of jurisdictions in the United States and Canada. Cl is software designed for any PC user, from the novice to the expert. Fully descriptive menu options lead you through the system, rather than cryptic single words or command codes. An in-depth Users Manual provides you with detailed explanations and suggestions when needed. Read on to learn more about the many features of Clerks Index. A Flexible Approach Cl offers alternatives to the indexing problem. The easiest method is to simply import the full text of your meeting minutes, or other documents, from your word processing files. CI can interface with any word processing software, and can also 'accept text input from a scanner. This method will quickly create your database of past management actions. CI offers you yet another indexing alternative. Create a cross-reference index to define key action items or documents using Cl's capability to handle free- form keywords selected by you. No need to remember e or refer to complex coding schemes for subject class, sub-class or sub-sub-class, and so on. This method does require a data entry step, however, since you are defining your own index, it is very efficient. You may choose to use either method exclusively, or both in combination with one another. This flexibility, plus the special features and records management capability discussed below, makes CI superior to other software. Fast, Accurate Database Searches Other computer-based text search programs allow you to enter only one "search string", or at best will only allow you to enter another after the first search is finished. These systems also require an exact match for a successful search "hit". This approach is inefficient, and may result in an inaccurate or incomplete search. Cl corrects this deficiency. You can specify multiple key words or phrases and put them in an "and/or" relationship. Cl will then search for all of them simultaneously. You can even search using partial keywords. This way, anyone researching an item or related set of items would only need to know in general what they are looking for. Where other text search programs may give you only a list of documents, forcing you to scan pages of text to locate the sections you need, Cl has a better solution. After your search is complete, Cl presents you with three lines of text for each successful "hit". You can quickly locate and scan, or print, the appropriate ones. Useful Special Features Clerks Index is specifically designed for public sector entities, boards, agencies, commissions or districts. Cl's system has two open date fields which you can use for "tickler" purposes. For example, a future meeting date can be entered for a tabled agenda item. An expiration date can be entered for certain items such as leases, temporary permits and so on. Also, CI has a field to enter a responsible department, section or person for tracking purposes. Records Management Capability An optional add-on module is available that extends the keyword indexing capability of Cl into a full records management system. The module includes retention scheduling, records inventory management and file/document checkout and disposition tracking. The user-defined retention table can accommodate any schedule you employ, whether or not mandated by a higher authority. The inventory portion can be used for any storage media or location. Also, the checkout tracking portion enables you to quickly locate a file which has been temporarily removed from its regular location. Valuable Report Options Clerks Index has very useful standard reports, but its most valuable feature is selective reporting capability. This feature allows you to define the exact contents and presentation order of your report. You can enter any combination of document source, action type, up to three keywords, and date ranges. Plus, you can specify summary or detailed formats as well as the "sort" desired. The CI records management module also has this reporting feature. Select any combination of stor- age media, general location, and specific location point- ers. Standard reports include file movement history, records inventory, or records that should be moved to inactive storage or destroyed. Of course, the on-line search capabilities of Clerks Index will eliminate the need for extensive hard copy printing. e e ie CITY OF STILLWATER MEMORANDUM DATE: November 3, 1995 Mayor and City Council K1ayton Eckles, City Engineer fIr J SUBJECT: Brick Pond Storm Sewer Repair Project TO: FROM: DISCUSSION Weare in the final stages of completing the plans and specifications for the Brick Pond Erosion Control and Storm Sewer Repair Project. This project will be constructed in December, which is the best time to work in wet swampy areas. We will be submitting the plans for the DNR in the hopes of receiving a DNR permit in the next 30 days. We have received approval from the DNR to install a silt fence prior to actual construction. This silt fence needs to be installed before the ground and water freezes, therefore, I request council authorization to spend up to $2,000 in order to install the silt fence around the construction area of the Brick Pond Project. e e MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: City Code amendments for increasing certain licence fees. DATE: November 3, 1995 f;t In addition to the fee increase for the on-sale liquor licence fees (which is addressed in a separate memo) the Council will also be considering fees for: Wine on-sale, 3.2 Beer on-sale, 3.2 Beer off- sale, Club on-sale, on-sale liquor investigaton fees, and on-sale liquor licence transfer fees. The current and proposed fees are listed in the Notice of Public Hearing related to the fees. The appropriate Ordinances will be prepared according to the action taken by the Council at the meeting. It is the recommendation of staff to establish fees as proposed in the Notice of Hearing. c ~~ "e ~ ~ i ,..,...-- <Sill\Yate~ . THE BOOTH"'" OF .O""D~ September 21, 1995 NOTICE OF PUBLIC HEARING TO ALL HOLDERS OF LIQUOR LICENSES IN THE CITY OF STILL WATER: Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the council chambers of the city hall at 7 p.m. on Tuesday, November 7, 1995, to consider the increase of liquor license fees, pursuant to Minnesota Statutes, Section 340AA08, Subd. 3a. The proposed increases are as follows: LICENSE TYPE CURRENT FEES PROPOSED FEES INTOXICATING LIQUOR ON-SALE $2000 WINE ON-SALE $ 200 $2500 $ 250 3.2 BEER ON-SALE $ 50 $ 100 3.2 BEER OFF-SALE $ 5 $ 50 INTOXICATING LIQUOR ON-SALE TO CLUBS $ 300 $ 350 INTOXICATING LIQUOR ON-SALE INVESTIGATION FEE $ -0- $ 250 INTOXICATING LIQUOR ON-SALE TRANSFER FEE $ -0- $ 250 Such persons as desire to be heard with reference to the proposed fee increases will be heard at this meeting. ~ /<..)~~ J Modi eldon, City Clerk CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 illwater "~ ~ THE BIRTHPLACE OF MINNESOTA ~ e November 1, 1995 NOTICE OF TIME CHANGE FOR PUBLIC HEARING TO ALL HOLDERS OF LIQUOR LICENSES IN THE CITY OF STILL WATER: Due to School Board elections being held November 7, 1995, the City Council meeting of November 7, 1995, will convene at 8 p.m. This time change is required by Minnesota Election Laws (MN 204C.03, Subd. 1) "No school board, county board of commissioners, city council, or town board of supervisors shall conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day that an election is held within the boundaries of the school district, county, city or town." Notice is hereby given that the Public Hearing to consider the increase of liquor license fees, originally scheduled for 7 p.m., November 7, 1995, is rescheduled for 8 p.m., November 7, 1995. If you have any questions, please contact me at 439-6121. Sincerely, fj~~ Modi Weldon City Clerk ~ CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 " . , e MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Liquor Licence fee increase DATE: November 3, 1995 The second reading of Ordinance No. 795 amending City Code Chapter 43.01, increasing liquor licence fees is on the agenda for Tuesday's meeting. The current fees are $2000 per licence and the proposed fees are $2500. There are 19 licence holders. The fees have not been increased since 1986. City staff met with representatives of the local Liquor Retailers Association this past Monday. The Association, although not completely opposed to an increase, did voice their objection to an increase that was not justifiable or directly related to the costs of issuing, inspecting and enforcing laws associated with the licence. A recent Court of Appeals decision involving the City of West St. Paul was cited by the Association. They believe the decision in this case requires the City to justify the increase. It was suggested that the City do a study to determine definitive costs related to the licence. I have reviewed the Court of Appeals case referred to by the Association (see attachments) and it appears to me that the City has some discretion in setting the fees and as long as there is a reasonable relationship between the license fee and the costs of issuance, inspection and enforcement the fees would be justifiable. I would further suggest that the costs related to the fees easily exceed the revenues received from the fees. At $2500 per licence the revenues would be $47,500 per year. According to City staff the annual expenditures related to the sale and consumption of alcohol are estimated to be, at a minimum, about $ 56,116 per year based on the following analysis: Police related activities- $ 51,440 Inspection activities- 2 inspections per year at 19 locations and 2.5 hrs per inspection @$ 23.65 per hr = 2247 e Issuance activities- ',' City Clerk-19 license @ 2hr per @ $24.25 hr= City Attorney 929 1500 e Total estimated costs $ 56,116 The costs listed above do not include all costs associated with liquor licencing (such as processing DWI's and associated prosecutorial costs). Therefore, a fee of$ 2500 per licence would certainly appear to be justifiable and appropriate. I think it is important to keep in mind that the City has not increased the licence fees since 1986. The cost of the activities related to the licence has increased by 40% since 1986. If the City had merely increased the fees according to COLA each year since 1986 (which I believe would have been justified given the expenditure side of the ledger) the licence holder would have paid additional fees of$ 1932 over the past ten years. By the same token the fees would now be $2823 which is less than what is being proposed. Further the estimated costs were based on 1995 dollars and our costs are expected to increase by at least 3% in 1996. I would suggest that the on-sale liquor establishments have realized a budgetary savings of at least $1932 over the past ten years and that the proposed $500 increase should have been anticipated given the lack of increases in prior years - and especially given the discussion that has taken place each year on this issue. For your information the study conducted by David M. Griffith and Associates for the City of West St. Paul cost that city $12,500. It is interesting to note that the City of West St. Paul established an "Occupational Tax" applicable only to holders of an on-sale licence to recover the cost of the study. Each on-sale establishment in West St. Paul (15 licence holders) has to pay $225 per year (in addition to the regular fees) for four years to pay for the study. I do not believe that it is necessary for the City of Stillwater to conduct such a study (in fact the study conducted for the City of West St. Paul was ordered by the Appellate Court judge during the appeal). However, I would recommend that the City Council consider the same cost recovery method if a study is conducted. Prior to the meeting that took place on October 30th the Police Department (primarily Davin Miller) had met with representatives of the Liquor Retailers Association to discuss issues related to the consumption of alcohol and the general operations of the establishments. These issues were also discussed at the meeting of the 30th. The main concern of both the City and the Association is the potential for creating the wrong kind of image for the downtown area if fighting and other type of inappropriate behavior is left unchecked. This could happen 1) if the establishments do not establish proper procedures to minimize excessive drinking, fighting, etc.; and 2) if there is a lack of police presence in the area. Both the City and the Association expressed a willingness to continue to cooperate with each other to keep the downtown area a place of entertainment and relaxation and not a trouble spot. I think the association should be commended for taking a proactive stance on this matter. The Police department thru Davin Miller should also be commended for working closely with the Association- and should be directed to continue with this cooperative effort. In any event staff would recommend the second reading Ordinance No. 795 as written. e! .. ~~ e e MAGNUSON LAW OFFICE 6124395641 P.02 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN TH~ oescH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . P,Q, BOX ..38 . S'l'll.LWATSR. M."'J 55082 TELEPHONI!: (612) 439-9464 · TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MAT19EW A. STAEHLING LEGAL ASSISTANTS: MELODIE AllYOLD 100l1ANTZ TO: Nile Kriesel. City Coordinator FROM: David T. Magnuson 1m: Alcohol Related Prosecution Effort DATE: November 2, 1995 Our records revealed that in the calendar year 1993 our office opened S92 fales and in the calendar year 1994, 659 files. As or November 2, 1995, we he have opened !87 files and projected through the end of 1995 we will no doubt open more than 700 files. Approximately 7S% of these files involve alcohol use or abuse. The prosection,of alcohol related driving offenses accounts for at least 90% of the total effort of our office, however, because the prosecution of DWI offenses is more complicated and time consuming than other offenses, and defendants charged with alcohol related driving offenses are more apt to plead not guilty and demand a trial. While I have not undertaken a careful study, I would estimate that the vast majority of the effort put forth for the prosecution of alcohol related offenses is somehow related to either the procurement ot' consumption of alcohol from or in one of the local licensed establishments. Please let me know if you need to have further information on this. Yours very truly. DTM/jkj e LIQUOR LICENSE FEE INCREASE JUSTIFICATION - 11-07-95 $43,680.00 COST FOR POLICE PATROL (FULL-TIME OFFICER WAGES ONLY) OF THE LIQUOR ESTABLISHMENTS IN THE DOWNTOWN AREA WHICH IS BROKEN UP AS FOLLOWS: JANUARY THRU APRIL - 30 HRS PER WEEK, MAY THRU AUGUST - 45 HRS PER WEEK, SEPTEMBER - 40 HRS PER WEEK, OCTOBER THRU DECEMBER - 30 HRS PER WEEK. THESE ARE THE HOURS DIRECTLY RELATED TO "ALCOHOL RELATED INCIDENTS" IN THE DOWNTOWN AREA OF THE CITY DURING THE YEAR. (DURING THE SCHOOL YEAR WHEN THE COLLEGES ARE OUT OF SESSION AT VARIOUS TIMES, THE OFFICERS HOURS ARE INCREASED. THIS IS NOT SHOWN IN THE ABOVE WAGE FIGURE. THERE ARE ALSO PART-TIME OFFICER HOURS CONNECTED WITH THIS, BUT THEY ARE NOT INCLUDED EITHER). THE ACTIVITY INCLUDES: FOOT PATROL, VEHICLE PATROL, CLOSING CHECKS, RESPONSE TO ALCOHOL RELATED POLICE CALLS (FIGHTS - DISORDERLY CONDUCT - DISTURBANCES ETC.) INSIDE AND OUTSIDE OF THE ESTABLISHMENTS, OPEN BEER/LIQUOR CONTAINER CHECKS IN LOWELL PARK - PARKING LOTS - STREETS. IF VEHICLE AND EQUIPMENT COSTS WERE ADDED TO THIS, THE AMOUNT WOULD BE HIGHER. THE D.W,.I. INCIDENTS ~RE NOT I~CLUD~D IN TH~ ABOV~ FIGURES. $925.00 - LIQUOR LICENSE PROCESSING - P.D. ONLY! IT TAKES A MINIMUM OF 30 MINUTES PER LICENSE. AN AVERAGE OF 20 MINUTES FOR STAFF TO DO THE NECESSARY BACKGROUND CHECKS AND 10 MINUTES FOR ME TO REVIEW AND SIGN OFF ON THEM. (WE HAVE 19 BARS, 4 LIQUOR STORES, 4 CLUBS AND 10 WINE/BEER LICENSES. 1/2 HR @ $25.00 X THE TOTAL OF 37). $2,335.00 - OFFICER WAGES FOR D.W.I. OFFENSES. $4,500.00 - OFFICERS OVERTIME FOR D.W.I. CASES. THE OTHER CALLS THAT ARE LISTED AT THE TOP THAT ARE LIQUOR RELATED GIVES ONLY THE OFFICERS TIME FOR HANDLING THE CALLS, NOT ANY COURT TIME. 95-36L e '\' e e ',' - .. :..... .. ,#." .. . STATE OF MINNESOTA, .-..-------..-.-....--.- IN COURT OF APPEALS ~ ", J c L.~ C9-94-1559 Dakota County District Court File No. C1929563 Randall, Judge Dunham's Food & Drink, Inc., et al., Thomas F. Hutchinson David S. Wething Eastlund, Solstad & Hutchinson 1702 Midwest Plaza Building Minneapolis, MN 55402 Appellants, v. City of West St. Paul, Rollin H. Crawford Stephen H. Fochler LeVander, Gillen & Miller 633 South Concord, Suite 402 South St. Paul, MN 55075 Respondent. Carla J. Heyl League of Minnesota Cities 3490 Lexington Avenue North Shoreview, MN 55126 (For Amicus League of Minnesota Cities) Filed: January 31, 1995 Office of Appellate Cou=~s S Y L LAB U S Minn. Stat. ~ 340A.408, subd. 2(a) (1992) states that liquor license annual fees be related to the costs of issuing, inspecting and enforcing licensesj bu~ the statute does not deprive municipalities of reasonable d~scretion in setting fees for liquor licenses. Affirmed. Considered and decided by Randall, Presiding Judge, Judge, and Mulally, Judge.. o PIN ION Short, e RANDALL, Judge Appellants Dunham's Food & Drink, Inc., et ale appeal from the district court's dismissal of their claim against the City of West St. Paul (city)., Appellants contend ,that the fee a city may charge for a liquor license is narrowly restricted by statute to the dollar costs of issuing and directly enforcing the license. Minn. Stat. ~ 340A.408, subd. 2(a) (1992). They further argue that the district court erred in determining that the city's costs of issuing and enforcing liquor licenses exceeded revenue from license fees. We affirm. FACTS Appellants are seven West St. Paul businesses engaged in the retail lIon-salell of intoxicating liquor. The city issues licenses to these establishments. Each business pays a license fee set by the city. From 1980 through 1992, the city charged an annual fee of $2,500 for each license. During that lengthy period appellants paid the $2,500 without court challenge. In 1992, the West St. Paul City Council pa3sed ordinance 92- 09, which set a new fee schedule for the next six years. The annual fee would increase from $2,500 to $2,750 in 1993 and then by . Retired judge of the distric~ court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, ~ 10. ~ 2 e Ie $250 per year until 1998, when the annual fee would reach $4,000. Only the 1993 fee increase of $250 is at issue in this lawsuit. The city uses a variety of methods to enforce liquor laws and inspect licensed premises. The police conduct periodic "walk- throughs" of licensed premises to check for underage drinkers and as a display of police presence. Police usually spend five to ten minutes in the bar during a walk-through, talking to customers and to the bartender. Officers also perform nightly checks of liquor establishments to ensure compliance with closing laws. Police respond to calls from bars and help deal with intoxicated patrons. The city council committee of the whole met to discuss ordinance 92-09. During the meeting, a bar owner asked if the walk-through program was simply being used to justify increased license fees. A council member responded that it was not being used solely to justify an increase, but rather was the beginning of a new community policing program. At trial, the city retained David M. Griffith & Associates (DMG), a national public sector management consulting fi=m. DMG studied the costs associated with the city's liquor licenses, namely the (1) police walk-through program and closing checks; (2) police responses to direct calls; (3j city attorney expense; (4) city clerk expense i and (5) fire inspection expense. DMG co:r..cluded that in 1993 these items cost the city $90,604, and that si~ce the city collected only $41,250 from the issuance of 15 liquor licenses, the license fees were not a net revenue produci:r..g item. Following trial, the trial court dismissed apoellants' action, holding that Minn. Stal:. ~ 340A.408, subd. 2(a) (1992) does not 3 ". require that the costs of issuing, inspecting and enforcing the liquor licenses equal or exceed revenues from liquor license fees. Also, the trial court, by adopting DMG's conclusions that issuing e and enforcing city liquor licenses produced a net loss in revenues, essentially found that respondent was complying with the statute even if it were to be narrowly construed so that a municipality had no discretion to have fees exceeding issuing costs. ISSUE Did the district court err in determining that the city's liquor license fees were reasonable under Minn. Stat. ~ 340A.408, s ubd . 2 (a) ( 1992) . ANALYSIS The construction of a statute is a question of law and fully reviewable by an appellate court. Hibbina Educ. Ass'n v. Public Emolovment Relations Bd., 369 N.W.2d 527, 529 (Minn. 1985). Findings of fac=, however, will not be set aside unless clearly erroneous. Minn. R. Civ. P. 52.01. Because this court does not render advisory opinions, we consider only the 1993 license fee. . See In re Northwestern Bell Tel., 371 N.W.2d 563, 568 (Minn. App. 1985), oet. for rev. denied (Minn. Sept. 26, 1985). The evidence in the record relates to the city's costs in 1993 and it would be speculation to determine whether proposed future fees are lawful. The license fee statute provides: The license fee for a retail on-sale intoxicating liquor license is the fee set by the city or county issuing the license subject to the limitations imposed under this subdivisior.. The license fee is intended to Cover the COSts of issuina and insoectina and other direc~iv related costS of enforcement. e 4 e e I Minn. Stat. ~ 340A. 408, subd. 2 (a) (1992) (emphasis added). The last sentence of subdivision 2(a) was added to the statute in a 1992 amendment and is the focus of this case. 1992 Minn. Laws ch. 486, ~ 8. Subdivision 2 also lists maximum fees that may be assessed against clubs and for wine licenses. Minn. Stat. ~ 340A.408, subd. 2 (1992). Appellants argue that the statute expressly and narrowly limits the amount of license fees to the city's provable actual dollar cost of issuing, inspecting and directly enforcing the licenses. The statute essentially restates the common law, so we look to common law principles for guidance. See State by Beaulieu v. City of Mounds View, 518 N.W.2d 567, 570 (Minn. 1994) (statute should not be construed against common-law principles unless so required by express words or by necessary implication). At common law, to be reasonable, a license fee should be intended to cover the expenses of issuing, the services of officers, and other expenses directly or indirectly imposed or incu~red. Lyons v. City of Minneaoolis, 241 Minn. 439, 442, 63 N.W.2d 585, 588 (1954). A court will not declare license fees "unreasonable unless they are palpably so." State v. Clcusino, 205 Minn. 296, 300, 285 N.W. 711, 713 (1939). Further, as it is almost an impossibility to impose a license fee which exactly equals the necessary costs of issuance and regulation, it is generally held in our decisions that to be upheld as a valid exercise of the police power a fee need not be so restricted in amount as to eliminate any reasonable revenue which is purely incidental to the issuance of the license and regulation of the business. LYons, 241 Minn. at 442-43, 63 N.W.2d at 588. License fees were acceptable under the common law even i: they "incidentally 5 yield [ed] some return in excess of the amount necessary to reimburse the city for its police regulatory service." Minneaoolis e St. RY. Y. City of Minneaoolis, 229 Minn. 502, 510, 40 N.W.2d 353, 359 (1949). We note the s~atute relates only to direct enforcement costs, while the common law rule encompassed both direct and indirect costs. The 1992 amendment is a greater restriction on the license fees than existed at common law. However, we note the amendment does not include mandatory restrictive language that states, for instance:. t_l1.e fee "must not be greater than" or "can not exceed" enforcement costs. The intent of the statute does not appear to deprive a municipality of all discretion in setting reasonable license fee levels. Appellants contend the district court erred in its conclusion that the statute dces not require that any fee imposed cannot exceed the costs of issuing and inspecting and other directly related costs of enforcement for the license year. We agree with appellants that the trial court's statement may seem contra~ to the intent of the 1992 amendment. However, we conclude that while there must be a relationship between the costs and the license fees, here the record supports the trial court's finding that the ci~y presented enough evidence to sUfficiently correlate the slight increase with the projected issuance and enforcement costs. Appellants willingly paid $2,500 each year for more than ten years. The increase of $250 for 1993 is modest. Even in periods of normal inflation, the cost of law enforcement and police protec~ion is generally ::::-elated to the consumer price index. Testimony at trial indicated that if the fee had been increased el 6 e 'since' 1980 dollar for dollar with the consumer price index, a liquor license would cost $4,280 in 1993. It would take an expansive view of the role of an appellate court to reverse a municipality's decision to raise a liquor license fee from $2,500 to $2,750. The trial court did ~ot abuse its discretion by finding that the costs of issuing, inspeccing and enforcing liquor licenses justified the city's fee increase. We recognize that a different issue might be presented if the increase was by leaps and bounds and unsupported by any evidence. Had the schedule for fee increases shown a jump of $2,000 or $3,000 per year for five consecutive years, our decision might be different, but that is not ou::- issue. Here, the increase was modest when compared to prior and unobjected to annual fees. The $250 increase appears reasonable based on the common sense assumption that law enforcemen= costs tend to slightly increase each year rather than decrease. Appellants argue that the walk-through program is not properly included as a direct enforcemene cost. According to DMG's study, the walk-through program accou~~s for more than $77,000 of the $90,604 total enforcement costs. Taking the DMG study at face value, the city's enforcement cases of $90,604 greatly exceeded the $41,250 it received from license fees. Even if the walk-through program were discounted by 50%, =~e estimated enforcement cases are still in line with the license :ees. We conclude the fee inc::-ease at issue is well within a municipality's discretion to c~arge appropriate user fees to businesses. We recognize that ~ser and license fees cannot be a e 7 subterfuge for a selective real estate property tax that aoes not fall uniformly on all business property in the same class. But e license and user fe~s for liquor establishments may legitimately be higher than license fees for a nearby (same property class cr zone) business involving, for instance, plumbing or electrical ecr-:ipment. Real estate taxes on similar assessed valuations should be close, but user fees may be disparate depending on issuing, re~~:ating, and enforcement costs. ,There is nothing in this record to support a claim tha~ these liquor license fees are a hidden form of a selective real estate tax. DEe I S ION The district court did not err in its determination t~at the city's liquor license fees were reasonable under Minn. Stat. ~ 340A.408, subd. 2 (a) (1992). Affirmed. ~? ~t~~ /- .:::J.,3- ?:;- e 8 On Motion of Clpn. McCarthy Seconded by Clpa~ Fenton '. ORDINANCE NO. 94-01 AN ORDINANCE IMPOSING AN OCCUPATIONAL TAX ON ON-SALE LIQUOR BUSINESSES IN THE CITY OF WEST SAINT PAUL THE CITY ,OF WEST SAINT PAUL DOES ORDAIN: Section 1., It is hereby levied, assessed, and imposed a tax of $225.00 per calendar year on every person, partnership, firm, or corporation maintaining and operating an on-sale liquor business within the corporate limits of the City of West Saint Paul. Section 2. That said annual on-sale liquor occupational tax shall be paid to the City of West Saint Paul on or before the 5th day of January of each year, commencing in January of 1995. Said tax shall not be subject to being prorated. Section 3. If any person, partnership, firm, or corporation required to pay a tax by the terms of this ordinance shall fail to pay the same on or before the 5th day of January of each year, there shall be added to said tax a penalty of ten percent (10%). Section 4. "On-sale liquor business", as used herein, shall mean the activity of selling intoxicating liquor for consumption on the premises where said sale occurs. Section 5. That the terms and provisions of this ordinance shall terminate and expire on December 31, 1998. Section 6. This ordinance shall take effect thirty (30) days after passage, approval, and publication. Ayes: 6 Nays: 0 APPROVED: January 24, 1994 Is/Michael P. Bisanz, Mayor Attest~. ~'\...."-i Dian e R. Krogh City Clerk Introduced: 12/30/93 1/24/94 1/30/94 2/28/94 ,e Adopted: Published: Effective: Ie, CITY OF WEST ST. PAUL, MINNESOTA ON-SALE LIQUOR LICENSE STUDY - I 1 I 1 I 1 ! --1 J Prepared by: -1 ! 'I David M. Griffith & Associates, Ltd. 555 Park Street, Suite 408 St. Paul, Minnesota 55103 I . I 1 -. i -1 I, ' J !AV! m!H l ASSOCIATES, LTD. / 1 - ..- ; \,' "1 ; ,- i '") -' i ) , ,'-" ..._ ~ ~ '....1...,' ,,. ""'..... ~.,P"\.,II"'I"... CITY OF WEST ST. PAUL, MINNESOTA I I ! ; t I ON-SALE LIQUOR LICENSE STUDY PAGE EXECUTIVE SUMMARY ..................................... 1 METHODOLOGY .......................................... 6 DEPARTMENT SUMMARIES CITY ATTORNEY ...................................... 10 CITY CLERK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 FIRE INSPECTIONS ..................................... 1 2 POLICE ............................................. 1 3 e e EXECUTIVE SUMMARY l 1 ] ] J 1 ~. l I EXECUTIVE SUMMARY e The City of West St. Paul, Minnesota, retained David M. Griffith & Associates, Ltd. (DMG) to conduct an On-Sale Liquor License Fee Study. This study is a direct result of changes in Minnesota state laws which now require on-sale liquor license fees to be directly related to the cost of issuing, inspecting, and other directly related costs of enforcement. The City's fees have been challenged by the On-Sale Liquor Retailers forcing the City to document the associated costs of licensing on-sale liquor establishments. This report presents the study results. This study examines City departments which are directly affected by the issuance of on-sale liquor licenses in the City of West St. Paul. Full costs developed for the services provided by these departments include: direct labor costs; divisional and departmental supervision, where applicable; and supplies and materials cost. Indirect costs allocated from City central service accounts to the department or division performing the service are also included. DMG used budgeted 1993 salaries and expenditures throughout the analysis. These costs are compared to actual 1993 on-sale liquor license fee rates and revenues for analysis of potential fee adjustments. Two categories of costs were examined in this study: direct issuing and direct enforcement. , Direct Issuing - Costs include all costs associated with processing an individual license application. This includes handling, filing, receipting of monies; recording of the license; inspections; and reviews and approvals. .'" it - 1 dmq I. I } I I I J 1 J J J ) ~ J I i I. I I Direct Enforcement - Costs include those associated with the enforcement of on- sale liquor license provisions, state laws, and City code. STUDY SCOPE This study included costs incurred by the following departments: . City Clerk . City Attorney . Police . Fire A discussion of each of these departments is included later in this report. OVERALL RESULTS Total 1993 revenues for on-sale liquor license fees were $41,250. Costs incurred by the City totaled $90,604, of which $3,159 were direct issuing costs and $87,445 direct enforcement costs. Existing revenues recover approximately 45 % of the related cost resulting in a general fund subsidy of 55%. In 1993, the City issued 15 on-sale liquor licenses with a fee of $2,750. The per unit cost of issuing and enforcing a license is $6,040. These results are summarized in Charts 1 and 2. 2 dmq i I I I I I Chart 1 e CITY OF WEST ST. PAUL ON-SALE LIQUOR LICENSE STUDY RESULTS $100,000 .~ I I I I $80,000 $60,000 ~ I $40,000 ~ !:! .. ~ ~ $20,000 ~ ..J r,j ~l j ~ ~ $0 $90,604 COST REVENUE SUBSIDY el 1993 Total Revenues &. Direct Costs I I 3 c/mq I ' I. I I I I I I I I I I '1 -, I -1 ,f Je ] J Chart 2 CITY OF WEST ST. PAUL ON-SALE LIQUOR LICENSE STUDY RESULTS $8,000 $6,000 $4,000 $2,000 $6,040 $0 COST .FEE SUBSIDY 1993 license Fees & Direct Costs 4 dmq -, ] ] 1 ] DMG, in the costing of on-sale liquor license fees, has proceeded in a conservative manner. Any service and subsequent cost that could be interpreted as being charged in another fee area was not included. For example, building inspections, where a building inspection fee is charged, were not i~cluded as costs. In similar fashion, police costs were based on conservative time estimates for services performed. . ~. 1 j ~ I .' ~ l ; 5 dmcr e I e: ] . Ie I ] ] ] ) ) I ) ] J ] ~ J 1 ~e I I METHODOLOGY ] . ] METHODOLOGY - j J I I ] The City of West St. Paul, Minnesota, provides a wide range of services to its residents. In order to control expenditures and to fund the departments that provide these services, the City adopts a budget detailing anticipated revenues and expenditures. Like other governments, the primary focus of financial control is on the nature and object of expenditures, not necessarily identifying all costs to provide a specific service, except for services accounted for in enterprise funds. As a result, existing budgetary accounting systems normally provide only limited information necessary to determine the relevant costs of specific services. Further, the cost relations within the City of West St. Paul are quite complex. Accordingly, an alternative analysis is required. j ) ] ~ I, , I ! The on-sale liquor license study performed by DMG identifies all costs, both direct and indirect, associated with providing services for which fees are currently charged. This study identifies costs which can be categorized into four classifications: ~1 Direct Labor and Benefits. An average labor effort is identified in each department which services on-sale liquor licenses. This labor time element or elements (if more than one person performs tasks in the same area) is multiplied by a "productive" hourly rate. This productive hourly rate reflects the cost of compensated absences such as vacations, holidays, and sick leave. An appropriate amount of benefits is also allocated to the fee area; this typically includes PERA, FICA, and insurance benefits. '\ ..~ ~~ j ~ Services and Suoolies. These costs are department budget items necessary to support the activities performed. These costs include items such as training, telephone, contracted services, maintenance, and office supplies that are directly identifiable to the service area. - ,.;:~ ,..J , e<; ) ;-1 ~ 6 dmq ] :Ie ] ] ] ] J J J J ] J I J ] .. J I Ie ~ I Deoartmental Administration. Such items include appropriate costs for supervision, support staff, and top department administration. Costs include salaries, benefits, and related services and supplies. Indirect Overhead Costs. Indirect overhead costs such as accounting, payroll, and administration are allocated to benefiting departments. These costs are typically not included in departmental budgets but provide necessary services to departments. Cost principles used in the allocation of costs are similar to those used in the private sector where proper cost accounting can be crucial to product pricing. The cost analysis results in the total and unit cost of on-sale liquor licenses as diagramed in Figure 1. The full cost can then be compared to the revenues generated at current fee levels. After this examination of cost and revenues, new fee levels can be determined. Complete cost and revenue detail can be found in Appendix A (under separate cover). UNIT COSTS AND VOLUME Unit costs are based on allocation of all costs to on-sale liquor licenses and include both fixed and variable components. Further, the unit costs assume volume levels remain constant. Increased volume will result in lower unit costs as the fixed cost component of each service unit decreases. The inverse is true for volume decreases. While the actual fixed cost component of any service cannot be immediately identified, it needs to be considered when adjusting fees or services. Fee increases might result in lower demand without any offsetting cost savings. Also, if a given service is discontinued, the remaining services must absorb any fixed cost previously associated with the discontinued service. 7 ""'rrr~ ,...., e FIGURE 1 - - _I. · CENTRAL SERVICE COSTS ALLOCATED TO DEPARTMENTS - + . CITY CLERK . FIRE - DIRECT LABOR - SUPPLIES AND MATERIALS + . ATTORNEY . POLICE - DIRECT LABOR - SUPPLIES AND MATERIALS II...... .. -...., -.,. - ., '., "'"":,,,ii:,:,'}:: ;:":T6+Abs~,;'8EC6sfi :>:;::;::::x:::::::::;::=;:::::::;::::;:::;:.;.> <:::::;:;:>:;:>::::::<:::.:::.,.::;._::<:;:./,:-" ...... ....... :~~;)\\):?~~~)~::~:::::::.::::::.::::<.-.:'" ................ ".. ........". ..... .........,.......... i~ ...-......-.. e 8 dmq .1 :. 1 1 ~ ] ~1 1 1 l l l ..., l l ~ J -J I :1 . . De -I "\ ECONOMIC CONSIDERATIONS Setting fees is essentially equivalent to establishing prices for services. In the private sector, prices are usually set in a manner which is expected to maximize profits. Making a profit is not an objective of the City in providing services. Therefore, it is commonly felt that fees should be established at a level which will recover the cost of providing each service -- no more, no less. There are circumstances, however, in which it might be regarded as a reasonable policy to set fees at a level which does not reflect the full cost of providing the service. The elasticity of demand must also be considered. If demand for a service is elastic, an increase in price could result in lower revenues. The inverse is true for inelastic demand. Each situation needs to be evaluated to determine the impact of fee changes on demand levels. Many City services are, by their nature, inelastic including licenses. 9 r""'rrr~ r""'r ) ] ] ] J ] ) - DEPARTMENT SUMMARIES I I I I I I I e! e I I I I I I I I I I I I ~ I I- I I CITY ATTORNEY The City Attorney provides legal services to City departments. One function of the City Attorney is to keep the City Clerk and Police informed as to changes in laws which might impact the issuance or enforcement of on-sale liquor licenses. In the costing of the City Attorney, only those activities which pertain to interpretation of on-sale liquor license laws were included. Costs related to prosecuting individuals for crimes committed while under the influence of alcohol or prosecuting alcohol-related driving violations were not included. The annual cost of the City Attorney directly related to on-sale liquor licenses is $1,393. This cost is considered a direct enforcement cost. 10 dmq - CITY CLERK Every application for an on-sale liquor license must be filed through the City Clerk's office. Staff involved in the issuing of the licenses include the City Clerk and a secretary. Staff were interviewed to determine on a per unit basis the time involved in processing on-sale liquor license applications. Time involved in processing applications on a computer, mailing renewal notices, sending reminders, checking paperwork, preparing certificates, and obtaining Council approval were considered. General administration and supervisory time has also been analyzed and allocated accordingly. All of the City Clerk's costs are considered direct issuing costs. Costs incurred in 1993 totaled $1,591 or $106 per license application. - 11 -1-- I ..~ I I I I I I I I I I I J J J I ~. I I I FIRE INSPECTIONS The Fire Department is responsible for the prevention of fires through an inspection program and enforcement of state and City fire codes. Every on-sale liquor establishment is required to have an annual fire inspection. The purpose of the inspection is to ensure that adequate access is maintained and that fire hazards are not present. The total cost of inspecting on-sale liquor establishments is $1,568. Since all on-sale liquor establishments also have restaurant licenses, this cost is a prorated amount between the two fees. This cost is considered a direct issuing cost. 12 dmCJ .' POLICE -e I I I I I The Police Department is involved in the direct enforcement of liquor laws and alcohol-related crime. The City has established a policy of conducting daily walk-throughs of licensed on-sale liquor establishments. Patrol officers of each shift randomly perform a certain number of walk-throughs. The number of walk-throughs may vary on a daily basis depending on other law enforcement activities; however, 132 per week is a reasonable average. The purpose of the walk-throughs is to discourage violations of liquor laws through a police presence. In addition to the walk-throughs, the night shift officers also perform closing checks to ensure that on-sale liquor establishments close at required times. Six checks per night are routinely performed. The total cost of the walk-throughs and closing checks is $77,351. The Department also spends approximately 161 hours per year responding to calls for assistance at licensed on-sale liquor establishments where the incident is a direct result to the sale of alcohol. This activity costs the Department $8,701. ~ .' .Ii The total direct enforcement cost incurred by the Department is $86,052 or $5,737 per license. This cost is considered conservative and only considers costs directly related to the enforcement of liquor laws. Costs associated with other crime where alcohol was a contributing factor were not considered. ) , j , ] ] J e 13 ,~ dmq e - "'"" , MEMORANDUM TO: Mayor and City Council FROM: Steve Russell, Community Development Director tv DATE: November 2,1995 SUBJECT: Request to rezone or modify covenants and restrictions on vacant parcel of land between Brooks superette and Kindercare. Background: This item was before the Council on September 19th. At that time it was referred to the Planning Commission for consideration of request and recommendation. The Planning Commission held a public hearing on the request at their regular meeting of October 9, 1995. After hearing testimony from Mr. Moreno and area property owners and receiving a petition from area property owners the Commission supported the covenants and restrictions as written. On a second vote they recommended determining that a hair salon is not a permitted use similar to other uses described in the restrictions. (Minutes of CPC 10-9-95 meeting attached). Recommendation: The action before the Council is determination of request to modify restrictions. Attachments: Letter from Monti Moreno 8-28-95. Declaration of covenants and restrictions 4-30-82. Planning Commission staff report of 10-6-95. Notice and petition from property owners living in the area of the vacant site. Minutes from Council meeting of9-19-95 and Planning Commission meeting of 10-9-95. e e ~ '} ;~ MONTI MORENO 15590 136th Street N. Stillwater, Mn 55082 (612) 430-1342 08-28-95 Steve Russell Stillwater city planner Stillwater city hall (HAND DELIVERED) RE: Co. Rd. 5, Brooks Market and adjacent vacant commercial lot Steve, I am requesting permission to participate in your Sept. 11 th, city counsel meeting. I am asking to have all restrictions and covenants removed from these lots. Sincerely, %~' ~. ~'-" /- <;----"r--:---- to; Monti A. Moreno MEMORANDUM e TO: Planning Commission FR: Steve Russell, Community Development Director (1/ DA: October 6, 1995 RE: REVIEW OF REQUEST TO DELETE SPECIAL LAND USE COVENANTS When the Brook's Store was approved, restrictive covenants were placed on the remaining vacant land to the south. A copy of the covenants is attached. The current owner, Mr. Moreno would like to delete the covenants or change the covenants to allow a styling salon. This item has been advertised as a public hearing and the action of the commission would be a recommendation to the city council. A key consideration for the commission is the impact of a future use on the neighborhood. The underlying zoning is commercial. Recommendation: Recommendation to the council regarding the request Attachment e e e .:...iIol.:.;.... -w-. ..u:..... .....-. <' _i:<" '":;1'- "",,,-,. .~r-'~ j. ~.~ ~"':~ ....i:.._ ~,. '.~'; _.,~-- ~' ~, ':':-.;i1:'.__:.._~.. ':Y--' 1_'0_'" --.- r- ~..-"- ~.~ _ ,IL:.... ~'__,:I,;- 'i-- h..~:~." .~ -.\. U-. .~.. -:~_. s:~ ...io.... ... -,._-,.~.-- '.;,1 ..... ... ,.Ai",,- c -" !::: .....".. .~......_~ ......... .,. ". .~-,. .",-- .' DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this 30th day of April, 1982, by J. BROOKS HAUSER and PEGGY A~~ HAUSER, husband and wife (hereinafter called "Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property described in Exhibit A attached to this Declaration (hereinafter called the "Subject Property"); and WHEREAS, Developer desires to subject the 'Subject Pro- perty to the covenants and restrictions that are hereinafter set forth, each and all of which is and are for the sole benefit of the City of Stillwater, a municipal corporation under the laws of the State of Minnesota, (hereinafter called the "City"). NOW, THEREFORE, Developer declares that the Subject Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions here- inafter set forth. ARTICLE I. That from and after this date, the Developer shall not locate on the Subject Property any retail business nor cause to be conducted on the Subject Property any retail business, but shall limit and restrict the development of the Subject Property to, solely that of an office building or other build- ing for a use or uses other than retail business uses. For purposes of this Dec;laration, the term "retail business" shall not be deemed to include the business or practice of a physician, dentist, optometrist, chiropractor, osteopath, ~. realtor, consultant, attorney, architect, accountant, insurance agency, travel agency, photographer, finance agency or employment agency. ...... .---.---- ._-..._~_.. ...-....-------....- ". '.' '~,;....- t ~~~~;~<' " " 'I . .,".-... .;,:{~~~ih,,;\~~{~B;;tA:,";.~i;;t:;.;i~; ~t ,i,,:'~Kt;Jif,J;l.dt~fiJ~~~:::~.~l;~:.;~i~i;~~,~~,:,~:~t~~~~fy~~,~~$;;{:}Z: -~.t~~; ! ~~~~j/~'<~' -:,~ - -:;-,- " ./ ARTICLE II. That this covenant shall be enforceable by the City in any court of competent jurisdiction. e ARTICLE III. That all provisions of this Declaration shall run with the title to the S~bject Property and shall be binding upon all present and future o~~ers and users of the subject Property and shall in~re solely and exclusively to the benefit of the city. This Declaration may be clarified, amended, modified, terminated, or released at any time and from time to time by a written instrument executed by the City and the fee owner of the Subject Property, without signature of any other per- son. IN WITNESS yr.~EREOF, the undersigned have caused this Declaration to be executed as of the day and year first above written. ~ l4:1-f:j)~ STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 30th day of Apd 1 , 1982 by J . BROOKS HAUSER and PEGGY ANN a~USER, husband and wife. This instrument drafted by G'1\ '1 7 fa...., B ~;tt o.~ Notary rUblic , I Dorsey & ~fuitney 2200 First Bank Place East Minneapolis, Minnesota 55402 ~.~H'#~; t /.?I., JAr-.:r~ V^N eOXTEL ~: _ -!.'.';d NO'!";' . .31.IC. ..'NNElIOTII ~~ \ ::, S,~0 7; ::OUNTY "::.~ ~ ..f My CC.~';.II.""'" E.~lrw:. Oct. 26. '\~ ~ ~_..... . ,.."~.-~,,...,.,. .~"-_:.'';~~'"'' e ..-..,-.:,. . #~-.-;':;;,~F:r_,". . . i~i""fli~~~~i~'*~;"t~,4k~~,~~~~i~~~~~.ii4~ e NOTICE TO WHOM IT MAY CONCERN SITUATION: The Brooks Superette and the vacant lot between KinderCare and the Brooks Superette, located at 6720 North Stillwater Boulevard, on the comer of Croixwood Boulevard and County Road 5, has been purchased by Mr Monti Moreno. Mr Moreno has petitioned the Stillwater City Council to have the restrictive covenants on the lot removed so that he may develop the property. Mr Moreno met with the neighbors from Croixwood on 13 September at the Perkins Restaurant. He proposed to us his plans to develop the property. One of his plans included a proposal to make a strip mall on the property that would house four to six business establishments, possibly his Hair Salon, a Real Estate Office, a Garage Door business, a Chiropractor, the existing Brooks Superette, or other similar businesses. If the strip mall would not be acceptable then Mr Moreno told us he would leave the property as it is with the Brooks Superette and build a Hair Salon on the vacant lot. At the September City Council meeting Mr Moreno indicated to the Stillwater City Council that he is proposing to build a Hair Salon on the property. He requested they remove the existing restrictive covenants so that he may develop the property. Several of the Croixwood neighbors were present that evening and requested the City Council deny the request and to let the restrictive covenants stand. The City Council voted on a motion to send the proposal to the Planning Commission for their recommendation. On a 3 to 2 split vote with the Mayor breaking the tie, the City Council referred the proposal to the Planning Commission. The issue is on the Planning Commission agenda for their October 9 meeting. BACKGROUND: The restrictive covenants that are currently in place on this piece of property were . developed in the early 1980's when Mr Brooks Hauser (the owner of the property at the time) wanted to develop the property for his Superette. The covenants are the result of negotiations between the City of Stillwater, Mr Brooks Hauser, and the neighbors living in Croixwood. These restrictive covenants currently prohibit the property from being developed except for a non-retail type of establishment defined as a professional building, such as a doctors office, dentist office, etc. They specifically prohibit retail establishments and they do not include a Hair Salon. The covenants on this piece of property are unique and were special compromises between the neighbors, Mr Hauser and the city. Many of us still living in Croixwood were involved in the development of the covenants. They were designed to be placed Qll the property so that they would be a lasting requirement and prevent a new property owner or a new City Council from arbitrarily developing the property. - A NEIGHBORHOOD POSITION: Many of us that live along Hidden Valley Lane do not want to have the restrictive covenants on this piece of property changed. We need the support of our neighbors in the area. We offer the following justification for our position: #1. We played a part in the design of the restrictive covenants and have since invested in our homes and property based on these agreements. We believe the development of this piece of property will cause our property values to drop. In our opinion, Mr Morino obtained this property at a very cheap price because of the restrictive covenants. Mr Morino speculated on this piece of property and stands to profit handsomely from his speculation, if he can have these restrictions removed. He will make this profit at the expense of the landowners who have lived in this location for close to twenty years. #2. The retail and commercial development along County Road 5 keeps creeping to the east and encroaching upon our residential areas. There is still considerable land for development south and west of the Tom Thumb, this is land zoned and developed for commercial retail development. The retail development along County 5 needs to stop at the new Strip Mall. #3. The traffic congestion at Croixwood Boulevard is bad enough in the transition from 4 lanes of traffic to 2 lanes without creating special traffic requirements generated by new business entrances. e WE NEED YOUR HELP: Please sign the petition which is being circulated and also attend the October 9 Planning Commission meeting which starts at 7:00 PM. We would like to pack the meeting chambers at City Hall in order to show support for our neighborhood position. THANKS FOR YOUR SUPPORT!!! FOR MORE INFORMATION CONTACT: Steve or Lezlie De Mars Leonard or Peggy Leutele Tom or Beth Schwintek Chuck or Janet Kenning 439-3035 439-5596 439-8429 439-8919 2307 Hidden Valley Lane' 2317 Hidden Valley Lane 2327 Hidden Valley Lane 2337 Hidden Valley Lane e PETITION e TO THE STILLWATER CITY COUNCIL AND THE STILLWATER PLANNING COMMISSION: RE: Case #377 We, the undersigned, do not support the request of Mr. Monti Moreno to delete the restrictive covenants on the property located at 6720 North Stillwater Boulevard which is the vacant lot between KinderCare and the Brooks Superette. These restrictions were established in good faith bargaining between the owners of the property, the local neighbors and the City of Stillwater in 1982. They have stood the test of time and have met the needs of the neighborhood. We do not wish to see further development of this piece of property beyond those authorized in the restrictive covenants. Please use your power and vote to support our request to sustain the existing covenants on this piece of property. e ADDRESS ~ 7-S 1- {IV E N:Ui<s"1, L. IV. II II' \? PETITION e TO THE STILLWATER CITY COUNCIL AND THE STILLWATER PLANNING COMMISSION: RE: Case #377 We, the undersigned, do not support the request of Mr. Monti Moreno to delete the restrictive covenants on the property located at 6720 North Stillwater Boulevard which is the vacant lot between KinderCare and the Brooks Superette. These restrictions were established in good faith bargaining between the owners of the property, the local neighbors and the City of Stillwater in 1982. They have stood the test of time and have met the needs of the neighborhood. We do not wish to see further development of -~t' this piece of property beyond those authorized in the restrictive covenants. ~'> Please use your power and vote to support our request to sustain the existing ,,; covenants on this piece of property. NAME ADDRESS Lnf ,/ e \6 PETITION e TO THE STILLWATER CITY COUNCIL AND THE STILLWATER PLANNING COMMISSION: RE: Case #377 We, the undersigned, do not support the request of Mr. Monti Moreno to delete the restrictive covenants on the property located at 6720 North Stillwater Boulevard which is the vacant lot between KinderCare and the Brooks Superette. These restrictions were established in good faith bargaining between the owners of the property, the local neighbors and the City of Stillwater in 1982. They have stood the test of time and have met the needs of the neighborhood. We do not wish to see further development of this piece of property beyond those authorized in the restrictive covenants. Please use your power and vote to support our request to sustain the existing covenants on this piece of property. e NAME c- --r (~ PETITION e TO THE STILLWATER CITY COUNCIL AND THE STILLWATER PLANNING COMMISSION: RE: Case #377 We, the undersigned, do not support the request of Mr. Monti Moreno to delete the restrictive covenants on the property located at 6720 North Stillwater Boulevard which is the vacant lot between KinderCare and the Brooks Superette. These restrictions were established in good faith bargaining between the owners of the property, the local neighbors and the City of Stillwater in 1982. They have stood the test of time and have met the needs of the neighborhood. We do not wish to see further development of this piece of property beyond those authorized in the restrictive covenants. Please use your power and vote to support our request to sustain the existing covenants on this piece of property. \1 " ~ 3~7 !J/h./)[IV rAUl If II II e ~'b" /j.tdr:l41 tJ l307 HJL V"lly Lv._ 7? 14 PETITION e TO THE STILLWATER CITY COUNCIL AND THE STILLWATER PLANNING COMMISSION: RE: Case #377 We, the undersigned, do not support the request of Mr. Monti Moreno to delete the restrictive covenants on the property located at 6720 North Stillwater Boulevard which is the vacant lot between KinderCare and the Brooks Superette. These restrictions were established in good faith bargaining between the owners of the property, the local neighbors and the City of Stillwater in 1982. They have stood the test of time and have met the needs of the neighborhood. We do not wish to see further development of this piece of property beyond those authorized in the restrictive covenants. Please use your power and vote to support our request to sustain the existing covenants on this piece of property. e .,. \~' e Stillwater City Council Minutes Regular Meeting September 19, 1995 . ~ ~ .:::;- -.;;' , C::i' .Q; 4. Resolution 95-212 Accepting bid and awarding contract for County Road 5 landscaping. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution accepting the bid and awarding the contract for County Road 5 landscaping to Minnesota Valley Landscape, Inc. in the amount of $34,750 plus alternate of $4,000, and to direct staff to look at the possibility of using the remaining funding for landscaping of McKusick Road. (Resolution 95-212) Ayes - Councilmember Cummings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka 5. Appraisal results for properties located south of McKusick Road and west of Neal Avenue. Motion by Councilmember Cummings, seconded by Councilmember Bealka to direct Staff to pursue negotiations for purchase of five parcels of property located south of McKusick Road and West of Neal Avenue. All in favor. (Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.) COMMUNICA TIONS/REQUESTS 1. Monti Moreno - Request for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Monti Moreno addressed Council and stated that he has changed his request, and rather , than remove the covenants, he is requesting that he be allowed to use the parcel for a beauty salon business, which he believes fits the intent of the covenants. Leslie DeMars, 2307 Hidden Valley Lane, addressed Council and stated that she does not believe a beauty salon meets the intent of the covenants. Motion by Councilmember Cummings, seconded by Councilmember Thole to refer to the Planning Commission a request by Monti Moreno for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Ayes - 3; Nays - 2, Councilmembers Bealka and Zoller. UNFINISHED BUSINESS (Continued) e 4 e !e .' A representative of the Kellison Company appeared regarding the request. He said the additional signage on the building is needed to provide visibility for traffic eastbound on Curve Crest. The requested signage will be backlit, rather than facelit, he said; the requested signage has 36" high lettering. He also noted a number of neighboring businesses have two signs. The monument sign will be about half the allowable square footage -- 9' x 6', including the rock base. Mr. Russell suggested that 36" high lettering was rather large. Mr. Wald, seconded by Mr. Valsvik, moved approval as conditioned. Mr. Roetman suggested adding language that the building sign lettering be no more than 30" high to the condition of approval. Mr. Wald and Mr. Valsvik accepted that as an amendment to the motion -- that no additional signage beyond the building sign with 30" high lettering and the pedestal monument sign be allowed. Motion passed unanimously. Case No. V/95-77 A variance to the front yard setback (30' required, 12' requested) for the expansion and renovation of City Hall, 216 N. 4th Street in the P A, Public Administration District. BWBR Architects, applicant. Dick Olsen, Olsen Construction, and Dennis Vonasek, BWBR Architects, appeared regarding the request. Mr. Vonasek briefly went through building plans. Mr. Valsvik, seconded by Mrs. Bealka, moved approval; all in favor. Case No. 377 A request from Monti A. Moreno to delete restrictive covenants limiting the commercial use of a vacant site at 6720 N. Stillwater Blvd. (County Road 5) between KinderCare and Brooks Superette. Mr. and Mrs. Moreno appeared regarding the request to delete covenants to enable him to construct a one-story building, with his hair salon as one of the building uses. Mr. Moreno said he understood some property owners are concerned. However, he said he thought the project would serve as a buffer zone between County Road 5 and the residential area. He noted the property was zoned commercial when the neighbors bought their homes. Speaking in opposition to the proposal were: Janet and Charles Kenning, 2337 Hidden Valley Lane; Steve and Leslie DeMars, 2307 Hidden Valley Lane; Tom and Beth Schwintek, 2327 Hidden Valley Lane; Peg and Leo Lautele, 2317 Hidden Valley Lane; Mick Johnson, 2318 Hidden Valley Lane; and Joni Morris, 2347 Hidden Valley Lane. e Concerns raised included: decreased property values; increased traffic congestion and the existing problem with driveway access; the potential for odors from the hair salon. It also was pointed out Mr. Moreno knew there was a restrictive covenant on the property when he purchased it. Neighbors also voiced a concern about the upkeep of Brooks and the early morning garbage pickup. Mrs. DeMars said the covenant was drawn up following discussions with neighbors and City Attorney David Magnuson. The intent of the covenant is to allow a single professional office building, she said, and she said the allowable uses were carefully thought out. A hair salon was discussed when the covenant was being developed and was not included as a use. Mr. DeMars presented a petition with 79 signatures opposed to the project. Mr. Moreno said he is not asking that the covenant be removed, rather that a hair salon be added as an allowable use under the same kind of business parameters allowed under the covenant. He also said there would be no odors from the salon. Mary and Frank Taylor, 327 Northland Ave., spoke in support of Mr. Moreno. Mr. Elliott said he favored keeping to the letter of the covenant; a covenant, he said, is an absolute promise. He later suggested he thought the issue was a legal question and one the City Council should address. Mr. Hamlin moved to support the covenant to the letter and that a hair salon is not an allowable use under the covenant. Mr. Wald seconded the motion. Mr. Zoller suggested splitting the motion into two separate motions. Mr. Hamlin accepted that amendment. The motion to retain the covenant as written passed unanimously. The motion that a hair salon is not an allowable use under the covenant passed 6-2, with Mrs. Bealka and Mr. Valsvik voting no. The Planning Commission's action will be forwarded to the City Council as a recommendation. Other business Mr. Russell told members a joint workshop on the comprehensive plan will be held with the City Council at 7 p.m. Oct. 24; that date was later changed e to Oct. 25. . . I. BLANC VINEYARDS 7074857352 P.02 1',IGvember 7. 1. 9'75 -rtl~ Ci ty Counc:i 1 City of Stillwater AttM~ Merii - City Clerk R.: Casa No. 377 As the owne~ of the KinderCare C~nt.r on North Stillwat~r Blvd. I wi5h to go on record opposing th~ request to del~t~ restri~- tive ccven~nts en the vacant site ~djoininQ our property. The proposed d~v@lgpm&nt would result in considerable additional tra.ffic in cu, ..'.\lready Vf!WY bus,,'y' ..\rea~ c::n;;>atH<nf,J prt1blems elf :~afr':-- ty for staff, parents and children at the Center. Parkig already 1 i mi t~)d? \."IOLd d bE:~ -furt:,h@r" ~,CH;wavat..l::-d. Dependi no on t..hr,~ !i':;p~r.:i 'f ic layout of any new d~v&lopm~nt, ther~ could be addition~l prob- 1wmB as th. tcddlwr playground is adjacent to the property line dividing the two properties. Last year a small strip of our property wes taken fer the widen- ing of County Road 5. AMY development th.t further adve~$ely impacts the ingress and egress, or the sa4ety of those who use thig ~hild ~arm ~ent~r ghould be avoided. Thank Y'DU, fCJr" all owi ng ml~ 'l:o ~.:.Llbmi t t,het~se c.omments by Ilh7:\:i.l (F?'~iO " ......,...",......--- ~~ <.. . ,. ' ........ ;: :.-----...'......'...---2'." ... r.J <' " I ..' .............."., ~t..,.,.'~'.. ,.."....~ ..'-"-' ....._.~'7 ,..c .,.:::"."... .,' t(ob!;!!,..t' p ;.. Ell Oi\nr;- J BLANC VINEYARDS 7074857352 TO; CITY OF STILLWATER ATTN~ MORLI CITY CL.E:ni<, FROt'1 ~ ROBERT f~'. BL?\NC PHONE (707) 485-7352 Rf,::: ~ C(';SE ~:..T7 FAXING TOTAL 2 PAGES INCLUDING THIS TRANSMITTAL PAGE PU~ASE CAL.L. I F (~NV PRat~Le:MB 1;.\ I TH TRAGl"118S I ON QF'{ ANY ClUttrr IONS P.01 e e e, I I e . . i 1 ~ i i: I. J)~t;f^ ~f~r 7J'i )e/;J/e / ! /J -ot -95' .1 tjC! ~~ i I !rT :/1 I: f.ec,'(Vtd ~h'c.~ tJT 7/.L Sd- rul P4Y ,1-ff-(Y"-'1 ~tP'" C-/'f-;r Ce<. J-frt'/ ~ ~~-x j?- //-()Y-9S; on If :i ![ Ii r w/II J~ tn.'/.I ",c ft>'(/~ (ror-J 9u4) ri~ M }>Ij.rl'- , ~ " ill A,'dl'7/~;- ..I (..../) 'J/ 11/(;7 6e pj~/(.' 10 ff.l"r~~ -1> X /'I/-f [I fLth~/~ ~r j-te.. fA.S. S~ni2/~ /'-1- ?h, it ~r ,1rcl.(It'J- /) I'~ (!p/t;Y'~~ h'l w-rd;,rJdcy ~f t-vr// II &7 5 /"1/ bf.." '/~r. 0( tv;,)J JI/o,-j A ~I/C e;o y II /'(Drt'St''''~~O#1 e;..,d 1fT; r Iu #/f~ ~ ~C'e7<~J- " f J c7 . IllA.II'1i fb- f:-1'/;7 ~Vh.J'r/ ,P()J?C;Jt(~4#1d 6~;h~t.~j. Ii ,\ If II I' I' II I I I i I. d I, I; ii I! t: I: I I Ii I, I' II {l II i ! -rL<~k yo c. .,c r /t:JV~ r!~1 ;{ ~ ).. i" d c!c~r;;, ~ ~ ~c) "\ ~ 'S1'~(r"''( /;- /~ ~~. c. ~...-o ! I 1:t 1'1 :1 it ill ;1 it I: II II II II 'I I I .~<"":':.' . ~ ~t~~ e e ,./ MEMORANDUM TO: Mayor and City Council FROM : Sue Fitzgerald, City Planner DATE: November 3, 1995 SUBJECT: Request for appeal for setback variance for additional garage. Background: This item was before the Planning Commission on October 9, 1995. It was denied 6 to 2. The applicant has appealed the decision. The request is to add a 14' by 21' two car garage to the east side of the house. The proposed garage would be used for storage and for more vehicles. The new garage would impact the front yard. There is presently a two car garage attached to the house. The findings stated that the proposal is necessary for the reasonable use of the land since there is an existing two car garage. Recommendation: The action before the Council is determination if the variance should be approved. Attachments: Letter from applicant received 10-10-95 Planning Commission staff report 10-9-95 Minutes from Planning Commission 10-9-95 PLAHNING APPLICATION REVIEW FORM CASE NO. V/95-73 e PC Date: October 9, 1995 Project Location: 920 Amundson Comprehensive Plan District: One Family Residential Zoning District: RA Applicant's Name: Ray Davis and Marilyn Morehead Type of Application: Variance Project Description A variance to the front yard setback (30 ft. required, 21 ft. requested) to add an additional garage. Discussion The request to add a 14 feet by 21.2 feet two car garage on to the east side of the house. The proposed garage would used for storage and for more vehicles The new garage would impact the front yard. There is presently a two car garage on the site. If the commission should approve the request city staff recommends these conditions of approval: 1. All building code regulations must be met. 2. The garage be the same color as the home. 3. All roof drains shall be installed so all run-off remain on site. 'Recommendation Denial Findings The proposal is not necessary for the reasonable use of the land. An existing garage does exist on the property. Attachments Application form '"'l Q e +UJ-I ",7,,,45676'..9 If) ~ Q.. 0 1? ~D Y (tit? ~'~ ~ . ~ . M~ .C~ ~ 7/m~.)-73 ~ ~~~~ ~ // ~ "', r, .6~ . " __d..._ . _ ~~'~- ,~ 7~~r t/MIAvCU!. ?b ~#I y~ 3f2/#k~' 3CJff ~ 2/ ~r:. ;;~ ~l};71(/wK ~. . , I '71-11?- dUO//1JII.J 7:7 "se /9" x212 / ~Ji -----------~--l CA/L __6~E.-~.LH Al!i?/7}t1)1/ALsr~~ _ z -~___--nl0M--~7'Z-apJT -- ....... . . , ----------.-,----.----------....----- -. .~.__. ---.----~-_._--_._---~---.,.__.------_..__..._._-.-.- --- ..-..----..- -- --' --- . -."--.----.-..-...--.. ._~. ,-,.._--_. - ---.'--^- - ---_.' ...... ___-----u----- t()&.---.~.--1tJI_~4.,;f--.~--~ers;O.~n tr~__~n.__._.___.._ ____.___ H_.' ~~j~____~~tJStQ~ - (3~CAvsE ~ .-/~~---.---- ____ .___.__n_ _ t(JliL__thL_~___de_6.lt:dt/~~__ --I!M/?A<.T--71If:~ ~dajJff~W ._______d~ ...dlZ.___ttJli_l.__l'r__u__~_ An#d2g([le~ G4_4tJ~/T7oNk( _____....____ __...... 1M~-_--__~---:7Iti ...__M____1__E6/1?/....~h~4/.~~.. ~= -~= r~=-~-~~~~-~ ..~.......~.~..- ....~ ... ..=-----~.. ....---... ..---- ... .~--- - ..... , i_____._____~__ ~/-/--. _ .__tS_____1l!o__tJ7fL':i~_~_~7~-..Ad~!E 7c9 . < __ hS/~------71Iz--.--?)J()/ ?7d)v . ---.. . ....------- ----------.------------..--23--. --- -~-'.---"----'.--------'----------.---'. --- ........-.. .-- ri$.-Jl S.!..~_:ztt<E_W~t-_ .AV Ody?dL7f.__ _ __~= _.i~V.~=~~-~~-U~=--.u. ...-- - .... I ~- 1_____.______ \ ..w.-----------.---------.----=----/'77--I- . . ..... I. . .. ----- --------n--4~ ~~- ... '____ _ _________ ______________________________/;;/IM-~d--.~4C~-,-.." _---..---------.------ ___ _____ _n._____..___Z..k1 ___~f/.~p~- ~~ ~~u. ____ m _______SZZ/&.W!I?7f__"q?'Y.~__~~f_~_~.__.. .. e PLANNING COMMISSION Oct. 9, 1995 Present: Chairman Jerry Fontaine Glenna Bealka, Duane Elliott, Rob Hamlin, Kirk Roetman, Don Valsvik, Darwin Wald and Terry Zoller Absent: Dorothy Foster Others Steve Russell, Community Development Director Mr. Fontaine called the meeting to order at 7 p.m. Mr. Valsvik, seconded by Mrs. Bealka, moved approval of the minutes of Sept. 11, 1995; all in favor. Case No. SUP/95-50 Case No. SUP/95-55 Case No. SUP/95-58 These three cases were continued. Case No. V/95-66 A variance to the. sideyard setback (5 required, 2 requested) for the construction of an 8' x 10' shed at 1010 N. Fourth St. in the RB, Two Family Residential District. Billy J. Elliott, applicant. Mr. Elliott and his mother, Adeline Dornfeld, appeared regarding the request. The intent is to sheetrock the structure as conditioned. The building will be used for storage of tools, yard equipment, etc. The shed will be wood and painted to match the house. Mrs. Bealka, seconded by Mr. Elliott, moved approval as conditioned. All in favor. Case No. V/95-73 A variance to the front yard setback (30 feet required, 21 requested) for construction of a garage addition at 920 Amundson Drive in the RA, One Family Residential District. Ray Damis and Marilyn Morehead, applicants. e The two applicants appeared regarding the request. Mr. Damis explained there is no storage except for a downstairs area they would like to finish as a family room; a storage area would be constructed under the garage addition. Because of the unique shape of the lot, only a corner of the garage addition would be outside setback requirements, he said. Most . neighbors already have 3-car garages, and he said he did not feel the addition would adversely affect the neighborhood; no neighbors have e objected to the proposal. For discussion, Mr. Valsvik, seconded by Mr. Zoller, moved approval as conditioned. Mr. Hamlin and Mr. Elliott spoke in favor of upholding setback requirements) rather than granting a precedent-setting variance. Mr. Zoller noted that most houses in Oak Glen have 3-car garages, and he said he felt the requested addition would fit in with the neighborhood. Motion of approval failed 6-2, with Mrs. Bealka and Mr. Zoller voting in the affirmative. Case No. V/95-74 A variance to the sideyard setback (30 feet required, 24' 4" requested) for the expansion of an existing garage at 421 W. Elm St. in the RS) Two Family Residential District. Duane and Marylou Kendrick, applicants. Mr. and Mrs. Kendrick appeared regarding the request. Mrs. Kendrick showed photos indicating the slopes of the yard which would prohibit expanding the garage in a different direction. She also showed photos of the intersection to indicate the addition would not impact visibility at the intersection. She said her husband is handicapped, which makes it difficult to park on the street. Mr. Elliott noted the requested variance should be 6'- 4", rather than as indicated on the agenda item. Mr. Hamlin, seconded by Mr. Roetman, moved approval as conditioned. Mr. Zoller noted that a one-car garage is inadequate for the applicants and there is no other way to build an addition given the topography of the lot. Mr. Valsvik also noted it doesn't appear the addition will affect the intersection visibility, and there will still be room for a sidewalk if the addition is constructed. Motion for approval passed unanimously. Case No. V/95-76 A variance for additional building signage for Schoonover Body Works, 2000 Curve Crest Blvd. in the BP-I, Business Park Industrial District. Kellison Company, applicant. e ;C'-'," 1 ^,' > ,',.1 ~.,vt';~:;~~D;;;:~t<1 ';i.~/1. SKINNER Co. INC. 5440 VERNON AVE, SUITE 143 EDINA. MN 55436 PHONE 612 922 6455 FAX 612 922 6348 November 1, 1995 Stillwater City Council City Hall 216 North Fourth Stillwater, Minnesota 55082 Ref: Case No. V/95-73 Attention: Mr. Jay Kimbel Dear Mr. Kimbel: I am a property owner at 845 Amundson Drive and wish to express my full approval of the variance request under consideration, i.e. Case No. V/95-73, by the City Council. The enhancement effect, to the immediate property, as well as to the adjacent property area, that this change will have, is all very positive. As a neighbor but not really knowing these two people, I am very much impressed with their concern for any and all of the surrounding property owners. I would be very pleased with the Council's Approval. Yours truly, Charles J. Hurley, Jr. 845 Amundson Drive Stillwater, Minnesota 55082 CJH; jmj Ie . ";r-"-- . November 5, 1995 Stillwater City Council City Hall 216 North Fourth Stillwater, Minnesota 55082 Re: Appeal for variance for 920 Amundson Drive Case No. V/95-73 Dear Mr. Kimbel: We have received your letter stating that our neighbor's request for varience has been refused, and is currently in appeal. As the the property owner of 865 Amundson Drive, we wish to express our approval for their request for a variance . to the front yard setback for the construction of a garage addition. This construction could only increase the beauty and value of the property, as well as the view from the golf course. As their closest neighbors to the east, we wish to express our approval of their request. Sincerely, Brad and ody Myrvold 865 Amundson Drive Stillwater, MN 55082 . e . . r illwater ~ --~ T H :-;-1 R T H P LAC E 0 F M 1 N N E SOT A ~ October 26,1995 RE: VARIANCE Dear Property Owner: The City of Stillwater has received an appeal of the Planning Commission denial of the variance request to the front yard setback (30 ft. required, 21 ft. requested) for the construction of a garage addition at 920 Amundson Drive in the RA, One-Family Residential District. Ray Damis and Marilyn Morehead. Case No. V/95-73. The City Council will be considering this appeal at a public hearing on Tuesday, November 7, 1995, at 7 p.m., in the Council Chambers of City Hall. If you have any comments or concerns regarding this request, please attend the meeting. If you have any questions regarding this notice, please feel free to call the Community Development Department at 439-6121. Steve Russell Community Development Director CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e " MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director f\-J FROM: DATE: November 3, 1995 SUBJECT: Request by developer to reconsider park dedication fee requirement for approved 20-unit multi-family housing project (Case SUP/95-60) Back~round: The 20-unit multi-family housing project was approved by the Planning Commission at their meeting of 9-11-95. On 10-17-95 the City Council upheld the Planning Commission approval. Since that approval the letter requesting reconsideration of the park fees was received. The park dedication requirement based on the density of the project is $14,542. Attached is the staff report from the Council meeting of 10-17-95 regarding this matter. In the developer's letter, reasons are given for eliminating the fee. Recommendation: Decision on request. Attachments: Letter from developer, Lonnie Komovich, 10-19-95 Zoning use permit for Case DP/SUP/95-60 fr~VV' ~ ) ~r1vytvv1- 3. The city must implement some type of traffic control (preferably a stop light) on the .', I (J ;.." '1 s- corner of West Orleans and Curve Crest Blvd. . e Response: The traffic generating from this project and other developments in the area was considered as part of the project review. The existing road system and traffic control devices can accommodate the traffic generated from development of the site. Enclosed is traffic engineer response to consider. ' 4. No unit shall be used for exterior storage such as trash containers, bikes, camping equipment, swimming pools, etc. Response: Design Review Condition No.6 and Special Use Permit Conditions No.5 & 6 address this concern. 5. No noxious or offensive activity shall be carried on upon the property, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood. Response: The general nuisance provision of the city code would apply to this project as it does to other projects. 6. These covenants are to run with the land and shall be binding on all parties and all person claiming under them. Response: The 25 conditions of approval are recorded on the deed to the property and run with the land. Council Requests In addition to the appeal considerations, the zoning ordinance requires the council to make park requirement determinations. The developer is required to provide on-site park space for the development and pay a park dedication fee subject to council approval. A 6,000 square foot play area has been located on the east end of the project site. Play equipment and courts will be provided with the development. The primary users of this park area will be preschoolers up to the age 8 or 9. Benson Park is located within one block of the site and will provide park space for the older children. The park dedication fee requirement for this site, based on a density of 10.5 DUlAC, is 10.5% of the land value or $14,542. The applicant is requesting the city council consider reducing the park fee based on other project costs (see enclosed letter of request). It is recommended that based on on-site park improvements and landscaping and maintenance of the excess city right of way land, the park dedication ~ be reduced by 50 percent to $7,271. Other project costs described in Mr. Komovich's letter can be considered development costs related to the use permit or design review and not related to park requirements. e 10/19/95 12:08 FAX 1 612 743 4805 KORNOVICH DEV CO ~002 .1' .' e K .~D 1 C I otnov!cn cve10ptuent ompany, D.C. 4400 121 st Avenue Clear Lake. MN 55319 Phone 612-743-3116 Fax 612-743-4805 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Ate: Mr. Steve Russell, This project as it is approveJ with the numerous conditions, 11 Financialy wil.l not workll, for a number of reasons. I requested a waiver of the park dedication fee when I vas lead to believe it wai 77. of the value of the land, not until the Oct. 17th meeting was I made aware it was $ 14.542.00. I was not able to comment directly to the comments by the council because the public hearing had closed and the three items to be voted on were done so seperatly. Here are my reasons for requesting ~ w~iver of the park dedication fee. e A) The privacy fence designed into this project was at the request of the neighbors. They wanted it as high and as secure as possible. " We do not want to have anything to do vith these kind of people" were the comments I heard. I was asked to make it more attractive. I added the masonry posts. There was consern about the townhouse residents killing the trees on the north line and I agreed to place the fence 12' onto my property. Then I was asked to trim the trees and clean up any debri and give the 12' to the neighbors for their personal use. How often is this a co~dition to projects in Stillwater ? B) During the approval process of this project I was informed by my Civil Engineer there is no storm sewer to this property. Mr. Feely was not aware of storm sewer not being in the street with the rest of the utilities. Why ~ould an engineer design a beautiful, oversized. heavy duty, curb and guttered, landscaped and sidwalked street as West Orleans and only stub a 3311 storm line 20' up West Orleans from Curve Crest. This is not a normal cost of developing~ this is only a 1.8 acre site. c) A part of this approval requires me to incorporate city property into the project in an effort to lesson the impact of a storm pond required in this area, which is fine. However, the fence was added in this area for one reason only. To prevent traffic lights from shin, ,ing into the homes in line ~th north bo~nd traffic on West O~lean$. This has nothing to do with the project but I agreed to try and be a good neighbor. D) I have committed to a play area. land which exceeds city code by 33% in area and will place about $11,000.00 of equipment in this area. 10/19/95 12:08 FAX 1 612 743 4805 KORNOVICH DEV CO ~003 Kornovich Devciopn~t.ent CU!llpc!ny, lr."c. - 4400 121st Avenue Clear l.aks, MN 55319 Phone 612.743.3116 Fax 612-743-4805 I did have conver$ation with Mr. Russell one. time about ~l the additional eX)lense.s and the possible use of tax inerement to keep expenses in line. Mr. Russell didn't think thi$ was an option. However, maybe the City Council could help by waiving the park fee do to all the conditions placed on the project for approval. At this ttme I am requesting to be placed on the next City Council agenda to furture discuss this issue. Thank "! au Lonnie L. Korn::; -& ,.-:- '$. .z-: Kornovic:h Development Company, Inc. cc David MAgnuson cc David Meyers ~ L~~'~ CITY OF STll..LW ATER Case No.: DP/SUP/95-60 Permit Fee: $170 Date Fee Paid: 7/27/95 ZONING USE PERMIT _ Certificate of Compliance Rezoning _ Sign _X_ Special Use Permit Variance Conditional Use Amended _ Planned Unit Development Grading Other Applicant: Kornovich Development Company, Inc. Lonnie Kornovich Address: West Orleans east of Benson Blvd City/State/Zip Code: Stillwater, MN 55082 Property Description: Zone District: RCM Permitted Use: Special use permit and design review for the construction of20-unit townhouse. Conditions of Approval Design Review Committee: 1. The existing trees on the north side of the property shall be preserved and trimmed only with the approval of the Community Development Director. 2. Development lighting shall be normal residential lighting with no special parking lot or service area lighting. 3. All landscaping shall be installed before project occupancy. 4. All utility areas shall be completely screened from public view. 5. Any signage shall be low profile and obtain a sign permit. 6. Trash storage shall be the responsibility of each unit and not collected in community trash facility. 7. The play area shall be leveled and relocated to the east end of the property. 8. Fencing shall be constructed on three sides - south, north and east sides - of the property. The specific location and type of fence shall be reviewed by the design review committee. 9. The developer shall landscape and construct a fence on the city owned West Orleans Street right of way to buffer the project from residents to the north as approved by the city and neighboring properties. 10. The location of the north fence shall be south of the north property line and the land to the north of the fence shall be granted for maintenance and use purposes to the adjacent residents to secure the area. 11. Building elevation, materials and colors shall be finally reviewed by the design review committee before building permits are issued. -e 12. All the above conditions shall be reviewed and approved by the design review committee before building permits are issued. _..........1; I ..11.'1 . 'to _ Conditions of Approval Planning Commission: 1. All conditions of the design review listed above. Committee shall be meet (above 1- 12). e 2. The on-site park design shall be reviewed by the city park and recreation commission. A minimum of 4,000 square feet shall be provided in park use primarily for preschool children. 3. The in lieu park dedication fee shall be paid. 4. Any drainage modifications shall be approved by the city engineer. 5. Garages shall be used for parked cars only and not general storage. 6. No recreation vehicles, trailers or other nonoperative vehicles shall be located on site. 7. An irrigation system shall be provided for all landscaped areas. 8. The landscaping shall be established in a healthy condition and reviewed in three years. All landscaped areas shall be maintained in a healthy, aesthetic condition. 9. The land to the north of the northerly fence shall be available to the residence to the north for use, security and maintenance. 10. There shall be no increase in site runoff to adjacent properties. 11. Comments from the fire department and water department regarding the utility plans shall be incorporated into the fmal construction plans. 12. The fence shall be non-climbable in design. 13. The fence shall be extended 15 feet to the west and tied into the existing fence and reviewed and approved by city staff. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. ;:$~_.,-:5,z:. :/ Owner or Representative ent Director /a - z..(, - '15 Date /o-/f-rr Date _'i e e MEMORANDUM TO: Mayor and City Council v FROM: Steve Russell, Community Development Director DATE: November 3, 1995 SUBJECT: Approval of Resolution electing to participate in the local Housing Incentives Program and setting housing goals for the City of Stillwater. Back~round: At your October 17 meeting, a description of the Livable Communities Act was presented by Met Council staff. In order to participate in the program a resolution electing to participate must be approved by November 15. By passing the attached resolution the City will be eligible to apply for Livable Communities funds that help support local elligible projects. Attached to the resolution are housing goals. Actions to achieve these goals are in the Comprehensive Plan. This is a voluntary program. Recommendation: Approval of resolution. RESOLUTION NO. RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSmG INCENTnffiSACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 e WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, the City of Stillwater approves the Housing principles and goals as stated in the housing goals agreement; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life-cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participant in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; NOW, THEREFORE, BE IT RESOLVED THAT the City of Stillwater hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. Adopted by Council this 7th day of November 1995. Jay L. Kimble, Mayor ATTEST: e Morli Weldon, City Clerk e HOUSING GOALS AGREE:MENT :METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The City of Stillwater supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing, 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City of Stillwater agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 20 I 0, and to make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. CITY INDEX BENCHMARK GOAL Affordability Ownership 74% 74-85% within range* Rental 61% 52-68% within range* Life-Cycle Type(Non-single family 28% 29-36% within range* detached Owner/renter mix 72/28% (68-77)% within range* (23-32)% Density Single-Family Detached 2.6/acre 2.2-2.5/acre within range* Multifamily IS/acre 13-I4/acre within range* *The City of Stillwater through its housing policy and actions will try to maintain its housing goals within the benchmark range. To achieve the above goals, the City of Stillwater elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will takecarryarry out the above goals. CERTIFICATION e Mayor Date e e ~ MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ November 6, 1995 DA: RE: DOWNTOWN GROCERY STORE Since SuperValu had indicated they are not interested in locating a grocery store on the Maple Island site, staff requests permission to solicit other grocery store vendors for development on the Maple Island City owned site. The terms of City involvement would be similar to the SuperValu deal. A grocery store is a desirable community serving downtown use and since the site remains available, other grocery stores may be interested in downtown. A smaller store of20,000 square feet would increase the parking ratio and possibly "fit" the downtown better. The downtown is unique development opportunity and not the normal suburban grocery store site. Recommendation: Direct staff to seek out other grocery store retailers for a downtown location. 'l MEMORANDUM e TO: Mayor and City Council FR: Steve Russell, Community Development Director !-------- DA: November 6, 1995 RE: UPDATE ON LAND ALONG MCKUSICK ROAD FOR A COMMUNITY PARK In September, the council directed staff to negotiate purchase of privately owned land along McKusick Road for a community park. Staff contacted property owners including Washington County. Two owners Purdy and Houge indicated they are interested in selling their land to the city. One owner Mr. Huntsman, is not interested in selling at his time and Mr. Larson did not respond to the offer. Washington County is considering the city's request to obtain the county land. At this point, staff would like direction regarding purchase of the Purdy and Houge properties. The properties are listed below: Owner ~ Awraisal 1. Purdy 11.63 $ 75,000 2. Houge 6.7 68,000 3. Larson 2.78 5,200 4. Hunstman 4.25 14,300 5. Washington County ilQ N/A Total 30.72 $162,500 Recommendation: Direction regarding purchase of Purdy and Houge properties for amounts within appraisal value ($125,000). Attachments: Letter from J. Huntsman, 10-17-95 Letter from Benjamin and Margaret Houge 9-26-95 e e Jim Huntsman Annette Huntsman 416 S. 4th St. Stillwater, Minn. 55082 October 17, 1995 Mr. Steven Russell Community Development Director City of Stillwater, Minnesota 216 North 4th St. Stillwater, MN 55082 Dear Steve: We appreciate the City's interest in purchasing our land along McKusick Road. While we are interested in selling the land, we do not think it would be in our best interest to sell it to anyone before the City has approved its Comprehensive Plan and made a decision on our petition for annexation. While we think the land would make a good park/recreation area, especially if the City's pedestrianlbike path is extended to County 15, we should advise you that we are seeking other uses/buyers for the land. We would also like to point out two possible errors in the appraisal for your review. First, on page 5, our land's zoning is given as 5 acre minimum. Unless the zoning has changed recently, the township zoning is RA 2.5 acre minimum, south ofHwy. 96. Please check with the Township or the County. The land had an approved building site prior to the debris dumping. Second, on page 12, the appraiser gives his personal opinion with no supporting facts that if the debris were usable as fill, he is sure"... the contractor would have found a better use for it." The facts, as I understand and endured them through litigation, are that the County condemned the land specifically to store all debris from the road project, including old road bed material and other soils. The contractors were not permitted to dump elsewhere, regardless of the quality of the material for types of fill uses. While there is some lake bed "muck" in the material, its amount has not, to my knowledge, been quantified in absolute terms or relative percent. It is likely only a relatively small amount and also was dumped in a few pockets when the lake was being excavated. Thus, the pockets should be easy to deal with as they are encountered during removal. e Rather than a detriment, the material there now seems to be a potential asset because the construction of the new bridge and Hwy. 36 will require enormous amounts offill, exceeding what we have. We intend to offer all the stored material to the State as fill for that project. The material's proximity to the bridge site and easy accessibility will reduce its costs, making it highly desirable to the excavation contractors. Having consulted with a knowledgeable civil engineering person about fill material, even the muck (nutrient-laden fine silt) would be utilizable by mixing with clay soils and used as e burro or top dressing for vegetative backslopes. The non-muck material could be used for support fill. Based on reasonable estimates of the amount of material available and prices for fill, the value of the material as fill would exceed the value of the appraisal. Of course, after the fill has been removed to road level, the land would once again be suitable for residential building, whose value would greatly exceed the appraisal's present value. Thus, our best option is to hold the land for another year or two, when the fill has been removed, and the annexation plans have been decided. Personally, we think if the City decides to annex a large part of the lands westward, the west end of our parcel might be a good place to locate the likely needed water tower. It's relatively elevated there and wouldn't consume highly useful land. We also think the City should do a financial analysis of constructing the new ice arena there as an alternative to using the much more expensive commercial land along County 5. Considering the future residential growth in the western area, it would be convenient to a lot offamilies. The impact of the new elementary school at County Roads 12 and 15 should also be considered when determining land use north of County 12. If you have any questions or comments about this letter or wish to discuss the acquisition further, please feel free to contact us. Sincerely, e~ ~~~ ,- e 2 e e . Margaret & Benjamin S. Houge 2701 Hawthorne Lane Stillwater, MN 55082 (612) 430-2907 September 26, 1995 Steven Russell Community Development Director City Hall 216 North Fourth Street Stillwater,.MN 55082 Re: McKusick Road Property Dear Mr. Russell: We will accept the City of Stillwater's offer to purchase the above property for $50,000.00 ($18,000 less than the appraised price) provided: 1. The City pays any unpaid real estate taxes (estimated at $1,100.00); and 2. We receive a letter that the property is being sold under threat of condemnation; and 3. We close the sale by October 15,1995. Sincerely yours, ~~Jin~e~~g~ 11v. ~ ~ b- (j~ .I/f-~ fu ("1--'1 tl'" 1 r-: ~.:...:~ :'!l!"'-- ,&". ..~..~~- :y- - e <I,C ,~- ";:f - - Form 281 - Application for License to Sell Cigarettes at Retail, (Chapter 382, Laws of 1961.) BUSINESS RECORDS CORPORATION State of Minnesota, County of. . ,Wasbjn~.t,o.n,. . .. , , ., ... , , City Stillwater ".,."..."'..,..,, .of ""."....,.",..... Application No. . , . . , , , . . . . , . , , , . . , , . . , Application for License to Sell Cigarettes at Retail Oo~: Tbe Ulldersigned resident... .of the........C ,.~........ .of.... . . .,.. in the county of.. .t:J!fsh/Of;<JI1..,.,...., State of Minnesota, H~~EBY MAKE... .APPLICA. . TION FOR LICENSE to be issued to., -8e';>.~t.-. !.AI'Jn.. (;rac}e..").",....,,.. ".,'."..... ., to sell cigarettes and cigarette papers and wrappers at retail at, 'fa,:]. . 5,0.. ,~/.:q. . SIb-if:. 79/-,0 fJ./J.,A.. 9"jJ;r/ .l~,~. .d.FI3!"~$.. -j,-,. C;}M.. a.-:4~......... iI'. the , ... ... .c.,:? ... .. .. .of ".. .5 Ii. 1f!4--:<: kc.in said COUllty and state for the term of ,.., ...... , .. , ........ .. , .., beginning with the. ';{C1l!!.. day of . d)oue,Jn h,fr'.. .. , .., 19. . q 5 . . . , " subject to the laws of the State of Minnesota and the ordinances and regulations of said . . . . . . c, :I r . . . . . . . , . of. . . s /&"../.r~ ,pertaining thereto~ and berewith depoait. . . . $................... .inpayment oftheiee therefor. /7~ iJ Date .&~!)../'J,r-~.......,........,19.,..,.. :~?/~~ /" '91''' ~. a.~ ,~ ".~~~~. e C'lr.-. "1. ,~ -:~.- e - # MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director V DATE: November 3, 1995 FROM: SUBJECT: Preapplication for Tax Increment Financing assistance for adaptive reuse of old territorial prison for hotel meeting center. The Territorial Coalition, Inc. are requesting Tax Increment Financing Assistance to assist with the purchase and development of the old territorial prison site. The specific eligible costs for assistance and the amount of TIF generated from the project have not yet been determined. At a previous meeting the Council authorized study of the stormwater drainage situation on the site. The results from that study will provide project related cost information. Staff and the Heritage Preservation Commission is working with the developer and his architect on the project plans. A copy of the preliminary site plan is attached. Once more specific plans and eligible costs are developed, a specific assistance proposal can be developed. The proposal will be developed using the City TIF guidelines and presented to the Council for review and approval before a final development agreement is prepared. Recommendation Approval of project concept and direct staff to continue working with Territorial Coalition, Inc. on a TIF assistance proposal. Attachment: TIF preapplication. CITY OF STILLWATER PRE-APPLI CAT! ON TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: Territorial Coalition, Tn~. Address: 1800 Fifth Street Towers. 150 South Fifth Street. Minneapolis. MN ,,402-4218 Telephone number: (612) 672-3614 Name of contact person: John W. Lang REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. 6. A written perspective of the developers company or corporation, principa1s, "history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employees and agents. SIGNATURE Applicant's signature Date e -J ~ - e SUPPLEMENT TO CITY OF STILLWATER PRE-APPLICATION TAX INCREMENT FINANCING ASSISTANCE 1. See attached survey. 2. The project consists of the utilization of the two buildings currently located at the Territorial Prison Site. One building is approximately 18,000 square feet per floor with three stories. That building will be mainly utilized for guest rooms in the hoteL The other building is the old factory warehouse building which is one story and approximately 23,000 square feet. It is currently anticipated that building will be used for the pool area, conference center, restaurant and banquet facilities. A small portion of the space between the buildings shall be constructed new for the entrance, lobby and reception area of the hotelfconference center. See preliminary site plan attached. Although preliminary, the current schedule is that preliminary design shall be complete with project costs completed by December 22, 1995, with closing on or before March 3, 1996 and construction commencing immediately after closing with a completion date prior to December 25, 1996. 3. The existing comprehensive plan land use designation and zoning of the property for the majority of the site is downtown business district. However, there appears to be a portion of the property which underlies the Minnesota Department of Transportation's right of way easement which may be designated as residential. It is obvious from the site, that such a use will never be implemented at the site. As a result, there may be some necessity to change the zoning depending on what is done with the Minnesota Department of Transportation's right of way easement. 4. City assistance is being requested to acquire the land; provide for the financing and construction of public improvements, including water, sanitary sewer, storm sewer lines, roads and drainage; provide for site preparation, including grading, soil correction, cliff dewatering, landscaping or drainage improvements, including the repair of the prison wall; enhancing building design and site landscaping, including parking lot. The total amount of tax increment assistance requested is approximately $1,500,000.00. Territorial Coalition has executed a Purchase Agreement to purchase the Territorial Prison Site in downtown Stillwater from Maple Island, Inc. Although desirable from a location perspective, the site presents many problems for development into a hotelfconference center utilizing the historical perspective of the site. Unless tax increment financing is used to fund major portions of the improvements, the estimated preliminary cost of the development of the site into a 100 room hotel, restaurant and conference center exceed the amount of cash flow which is estimated to be generated from the site based upon a feasibility study which was completed on behalf of Territorial Coalition, Inc. 5. It is estimated that the property valuation will increase from approximately $400,000.00 to the cost of the project or greater. The current cost of the project is estimated to be approximately 8.5 million dollars. There will be new jobs created of approximately 140. Most of which will be full-time with a significant portion being part-time. The other community assets for the site include public interpretive areas relating to the historical significance of the site, general beautifying an eyesore in the community and creating a cohesive plan for the use of the site which compliments the historical area adjacent to the site and a complete loop from the downtown business district to the north end of town, including outside public areas. - 6. The developer is a recently formed Minnesota corporation. Its two principals are Michael Borum and John W. Lang. Mr. Borum has extensive experience in hotel and resort property sales and marketing. He is currently head of sales and marketing for a well-known downtown Minneapolis hotel. Mr. Lang is an attorney and certified public accountant who has extensive experience in real estate development, construction contracts and general real estate, having represented general contractors, sub-contractors, municipalities and individuals in many residential and commercial real estate developments. JXL:tlh:125470_1 e e CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called "City") and Territorial Coalition, Inc., a corporation organized under the laws of the State of Minnesota (hereinafter called "Developer"). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out-of-pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and/or~public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this , X>>Ux 1995. day of I. CITY OF STILLWATER Mayor Inc. e o I J h N 1'\ . t:::r->..N \ E:L-S \ ~ 1., t 61' u-wf'-..TE:.~ "I~\~'- Ho-rC.L- \0 -30 ~q5", . I - e i i I.. .._. . .....___-'....,_ ,.-- : L__ ___~_u_--'-_ _I I CONCEPT SITE, PLAN STILLWATER TERRITORIAL HOTEL [ I I ! f 'I I I ii;1 ~I.il fl. ;I!U J. r r !.I1 III' :,. ~t ~\., ; :\\ ;",:1.. t...; :~I~ :'. e -- -Df~ ~ - I .. 'r.'~.', n___[J' .--- -'~"', ---- -" :C', _~..~'='; ====. , I:=;~ r~_z'. '~.i~==.~~ .., ~ ~ { . 'I: :---tA.r-" !V'i : I , I -- --i 1 I I I I I I ; l ,," "', ,( ') ..........- ---,' !\ CONCEPT FLOOR PLAN . STILLWATER TERRITORIAL HOTEL NORTH MAIN STREET STIllWATER. MINNESOTA -----, , ," ...~ , "'u \I ,- \ , .. , .". , ,- --\ 1. - --', ,. ~ , 'l. ,-- ~ , ,," - -- \ ,1 wnY- ......\ l~ '\ \ \1 ~ , ~ ' ! a b , . I' ~ o o C=-c::I Q"ICI..:h Iwn flllliiI II_ I ' tI'l ' I ,I r rl !!iJ ' -~--,., --- ~~~~.A. ,''' __.... r-- I.... ..... ~ ........ ..........,. ALTA/ACSM LAND TITLE MinnesotCl Tenitoria.~ Prison Site StwWGCn. 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"::= ::"7:/.'::'::'::;- -- II L ::.~~a~~~:::-r:=.:::= ....-. _-.lIIC.... ~ 1IV..........- ==-:::-~1J/r=~=i'1~';-~*.::=: ~~1~~=:~'= . ,_ ClQII'lrr ..., _ -..... A -*" ,.,....,._ ...._"""_.....__......c.fJI~._ --.....-.. ...........,.."---~.,,.... .....""~I..........._'IM.._..~~~ -..:_ _ _ U" fIT _ S"fAlI. " -.or.. .=.....,t.f~ ==:==~:. ...~ .,...."'....... ..........A ~_.... t,.. ... ~t8fWI"1'IIII1IaI' &.-.......... . ,...-,....'"-.........-."..... e e Resolution Number, 95-250 City of Stillwater, Minnesota REQUESTING A LIQUOR LICENSE Whereas, the old territorial prison was located in Stiffwater 146 years ago, and is a treasury of historic development of the area that was to became the birthplace for the State of Minnesota; Whereas, the site is listed on the National Register of Historic Places by the National Park Service of the U.S. Department of Interior, and remains a focal point of interest for Minnesotans and tourists from all over the world; Whereas, the buildings on the site have succumbed to age more than a century of continuous use, and are badly in need of repair; Whereas, the Territorial Coalition Inc. (TCI) has signed a purchase agreement with Maple Island Inc. in July, 1995, providing earnest money for the buildings and land at the site of the old Territorial Prison; Whereas, the Territorial Coalition Inc. plans calf for the modificatiqr),g1..Jhf;l..existing structures into a hotel that wiff include 100 guest rooms and suite~rlO13allroom and Conference Center with an occupancy of 350 people for social events, and 650 persons for meetings and conferences, and a large swimming pool with plans for community use as welf as for guests, and rehabilitating the original structures in consultation with the Minnesota Historical Society; Whereas, the City wiH receive significant benefits from this project by the increase in the local tax base, the creation of about 150 new jobs, a rehabilitated historic attraction for visitors, the community's use of needed facilities, and the rehabilitation of one of the most significant historical sites in the Upper Midwest; Whereas, the TCI has obtained architects, engineers, marketing specialists, and historians for the purpose of rehabilitating and preserving the structures, and the development of the project; Whereas, the TCI has brought their plans before the Councif for the City of Stillwater in public meetings, and has received the City's fuff support for the project; Whereas, a liquor license is critical to the financial success of the project, and is a contingency for agreements between TCI, the City of StiUwater, and Maple Island Inc, the current owner of the property; Whereas, the City of Stillwater does not have a liquor license available for the TCI e hotel development complex; Whereas, the closing date for the project financial agreements require completion by e late February, 1996; Whereas, the TCf cannot move forward on the project until they have the assurance that they win be granted a liquor license for the hotef project; Whereas, the provision of such a liquor license wilf enable the devefopment of the project to move ahead on schedufe, and avoid substantiaf costs to the City that would be incurred by a special efection; NOW, THEREFORE, BE IT RESOLVED, That the City of Stiftwater requests the Minnesota State legislature, in accordance with State Law, provide the City with the authority to grant an additional liquor license for the proposed hotef complex to be focated at the site of the ofd territoriaf prison in Stiffwater. Therefore, that the Clerk of the City of Stiffwater shalf be, and is hereby directed, to transmit three copies of this resofution to Minnesota Governor Arne Carfson, Senator Gary laidig, and Representative Mark Holsten at the State Capitol in St. Paul, Minnesota, for distribution to the appropriate officials in the legislature and State Government. Adopted by the Council of the City this 7th day of November, 1995. Jay L. Kimble. Mayor ATTEST: Morli J. Weldon, City Clerk e e - MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Legislative Consulting Services contract extension DATE: November 3, 1995 Accompanying this memo is the contract the City has with Mr. Ed Cain to provide legislative consulting services related to the levee wall project and an addendum to the contract for services related to a new National Guard Armory. The initial contract runs thru December 31, 1995 and the addendum expires this month (November), Due to the ongoing need/effort to obtain funds for the total levee project it would appear to be necessary to extend this contract. The same would apply to the addendum, Mr. Cain will be at the meeting Tuesday to discuss this with you, ~~ :- -', ORIGINAL ,/ City of Stillwater Proje~atus and Addendum to Contract with Legislative Associates Purpose: In the regular scheduled meeting on June 6, 1995, the Stillwater City Council directed Ed Cain of Legislative Associates to work the appropriate Congressional Committees, the National Guard Bureau of the Department of Defense, the Minnesota National Guard, and others as deemed necessary, for the purpose of securing $2.695 million in federal funds for the new Stillwater National Guard Armory. Current Status: The project was requested as an "add-on" by the Minnesota National Guard in May, 1995. Initial contact was made with members of the Minnesota Congressional Delegation by the Executive Director, Department of Military Affairs for the State of Minnesota, Tom Ryan. The project was not included in the National Guard Bureau's request to Congress for funding in the FY1996 Appropriations bill. Testimony was not provided to any of the eight committees and subcommittees responsible for authorizations and appropriations. e To date, the State National Guard has not completed Forms 1390 and 1391, which are required before a project director is assigned by DOD, and initial plans developed for the project. The State is now in the process of requesting these forms. The project will require authorization before an appropriation can be made. The mark- up sessions for authorizations in both the House and the Senate will take place in the next few weeks. Contract Addendum CONSULTANT CONTRACT This contract is amended as of June 20, 1995 to include work toward the authorization and appropriation of $2.695 million for the construction of the new Stillwater National Guard Armory. The work shall be performed under the general terms and conditions of the primary contract. NATURE OF WORK 1. To seek the authorization of the Stillwater Armory Project in the House and Senate Military Construction bills at a total project cost of $3.612 million; $2.695 million in Federal funds, and $.917 in State funding. 2. To seek the appropriation of $2.695 million in federal funds in the House and Senate Appropriation bills for FY 1996. 3. To work with the Minnesota Department of Military Affairs, the Minnesota National Guard, the National Guard Bureau of the U.S. Department of Defense, and other State and local organizations. 4. To utilize the offices and capabilities of the Minnesota Congressional Delegation, and to coordinate their efforts to obtain the needed legislation action. . I ... ^ ,r r-. r~ e ,. Page 2. 5. To meet with the Congressional leaders and staff of the eight committees that are responsible for the legislative action needed to obtain funding for the armory project. 6. To prepare all written materials for the City, the Minnesota Delegation, and others contributing their support for the project. 7. To elicit additional support from local and state organizations. 8. To follow the legislative process, attending Congressional hearings, meeting with Committee Members, and being responsive to questions and inquiries that may arise. TIME DEVOTED TO WORK The consultant agrees put forth such time as is necessary to carry out the spirit and purpose of the Contract. COMPENSATION For these services, the City will pay the Consultant for 50 hours of services at the rate df $65.00 per hour, to be paid in five equal payments of $650 beginning July 1, 1995. Ordinary and necessary business expense incurred by the Consultant and attributable to the work herein described shall be reimbursed at an amount not exceed $100.00 per month unless prior written approval is given by the City. In Witness Thereof, the parties have set their hands this ~D~ay of June, 1995. CITY OF STILLWATER: BY cjp/ BY~Ot;H l1~~ LEGISLA E SSO , INC. By 'e - -..., ( CONSULTANT CONTRACT "',," e This Contract is made December 20,1994, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, MN 55082, "City", and Legislative Associates, Inc., 7920 Towerbell Court, Annandale, VA 22003, "Consultant". RECITALS The City desires to retain the services of the Consultant to obtain Federal and State support for the repair of the erosion of the levee wall located in Lowell Park, adjacent to the St. Croix River National Scenic River Way and related development projects in the City. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the following consulting and advisory services on behalf of the City: 1. To seek an amendment of the Federal Water Resources Development Act of 1992, by making the following changes: a. To expand the scope of work to include the authorization of the flood control wall to be constructed approximately 150 feet back of, and parallel with, the existing retaining wall system; b. To increase the Federal share of the project costs from $2.4 million to $4.5 million; c. To increase the authorization for the total project costs from $3.2 million to $6 million. 2. To seek and amendment of the Federal Energy and Water Appropriations Act of 1993, by making the following changes: a. To increase the Federal share of the Stillwater Levee Project from $2.4 million to $4.5 million; b. To increase the non-federal share from $800,000 to $1.5 million; c. To increase the total project approved costs from $3.2 million to $6 million. 3. To maintain contacts and keep Minnesota State Legislature Members, staff, and the Minnesota e --.., . Department of Natural Resources (DNR) officials informed of changes and progress in levee funding at the Federal level. e 4. To conduct the necessary follow-up with the Minnesota Departments of Trade and Economic Development (D-TED), and the Pollution Control Agency (PCA), regarding the application for funds for the Southeast Sewer Project. 5. To begin initial work and preparation for submitting an application for funds for the North Hill Sewer and Water Project. The proposal will be prepared during the months of September and October, and submitted to D-TED on October 1, 1995. 6. Services related to meetings and contacts as "point person" representing the City with the U.S. Army Corps of Engineers, the DNR, and the other agencies and entities associated with the construction of the levee wall system. The services will also include the monitoring of legislative activity during the State Legislative Session for bills and hearings that have the potential for impacting the operation of City government, and reporting such actions to the Council. 7. To provide other such legislative and governmental services as the City may require. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely at the City of Washington, District of Columbia. SECTION ID. TIME DEVOTED TO WORK The City will rely upon the Consultant to put forth such effort as is reasonably necessary to fulfill the spirit and purpose of the Contract. SECTION IV. COMPENSATION The City will pay to the Consultant a retainer fee in the amount of $500.00 per month beginning January 1, 1995, through December 31, 1995. This retainer will be compensation for the services described in Paragraph 6. For the other services, Consultant will be paid at the rate of $65.00 per hour not to exceed $2,200.00 per month, except for the months of January through October, 1995, when the major legislation activity will be in Washington, D.C. For these months, fees shall not exceed $2,800.00 per month. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work described in Section I shall be reimbursed in an amount not to exceed $100.00 per month unless prior written approval is given by the City. Ie " SECTION V. DURATION This contract will be effective upon execution and until December 31, 1995. SECTION VI. SfATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION VIT. INDEMNIFICATION Any and all claims that arise or may arise against the contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VDI. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. IN WITNESS WHEREOF, the parties have set their hands this 20th day of December, 1994. CITY OF STILLWATER By By ~ Edwin E. Cain, Its President "..... e ~- .. . . I ,. I 4 LEGISLATIVE ASSOCIATES, INC. Washington OffICe: not 30th Street, NW, Suite SOD WaslHBgtoo, D.C. 20007 (2t}2J 625-4356 Fax (202) 615-4363 Minnesota Off.ee: ~O. Box 1131 StiDwater, MN 55082 (612): 4J9;-76St Fax (611) 439-7319 November 7, 1995 To: Mayor and CooocrlMembers City of Stitfwater From: Ed Cain, LAI Subj-ect: legisfative Issues and Projects STIllWATER LEGISLATIVE ISSUES: 1. Federal Authorization of $11.6 rrriffion for the Stillwater levee Project. 2. Federal Appropriation of $3.6 miffion for Phase n of the levee Project. 3. State appropriation of $450,000 for Non-federaf matchrng funds for Phase ff of the levee Project. 4. Federaf Authorization of $3.612 miffion for the Stfffwater Armory Project. 5. Federaf Appropriation of $2.695 miffion for the Federaf share of the Stillwater Armory. 6. Work with State for the $1 miffion rn State funds for the Armory. 7. Obtain additional liquor license to be used for the Territorial Coafifion Hotel. tl Monitor and report to the Councif any State legislation that may positivefy or negativefy impact the City's operations. STILLWATER LEVEE PROJECT: Status - The Project has been authorized for $3.2 mitfton, and funded at the Federal fevel for $2.4 miff JOn, and by the State for $400,OOO.Bidswitr be tef for the first phase in March, 1996, with construction scheduted for June 1996, after the water fevet recedes in the Sprrng.Phase- (incfudes fhereconstruction and repair of the 1 ,000 feet of the existing tevee. the preparation of pfans and specs for Phase I, and the appropriate work to accommodate thepfanned work onloweflPark. Legislative Actions Needed: .. tncrease the authorization from $3.2 to $11.6 mifffon to incfttde the extension of the levee- waBaround Mulberry Point, and provide for the construction of the ffood watt to be constructed about 100 feet West of the existing tevee. .. . . . i. ,'" ,. Page 2. - Mocftfy the fanguage in the Senate Commtffee biff by amending the Stttfwater provtsion when irs brought before the fuff Senate for a vote. - Provide testimony before the House Commftfees, and get the necessary and appropriate fanguage and project funding fevefs in the Committee Report for action on the ffoor of the House. · Procure Federaf funds in the FY 1997 appropriations bill for Phase n ($3.8 miff' IOn) which is the extension of the fevee, and possibry Phase m (the ffood waft). - Will require testimony and hearings in both House and Senate Commtffees, personaf contact with each Commtffee Member, and the arrangement of speciaf meetings with the Chairman, including Rep. Bill Luther. · Work with the State legtsfature to get matching funds increased by $550,000, for a totaf of $950,000 from the State. - This work requires fetters, testimony, many hearings with both the House and Senate Committees, personaf meetings with each of the Committee Members and foffowing the bHf as it moves through both Houses of the legtsfature. Regutar contact and coordination with the Governor's office and the DNR is essentiaL TIme Commitments: Federaf fegisfative action on the tevee project wiff indude work with eight different committees on two different fegisfafive provisions - the authorization and the appropriation. f estimate that the work wiff require a minimum of 45 hours per month through December, 1996, and require an average of two trips per month of fours days each. Aff travel expenses have been paid by LAf in the past. The goaf is an appropriation of $3.8 miffion for the fevee project. The State fegisfatiVe action on the fevee wflf require a time commitment of 30 hours per month from December, 1995 through Aprif, 1996, for an appropriation of $.55 mifffOn. Federaf fegisfatiVe action and State work on the armory projecfwflf afso involve eight different committees, since both authorization and appropriations are needed. "win require approximately 18 hours per month. If we are successfuf in our authorization, the project wilt require continuous work throughout the year. If we arenof, the time commitment may be reevafUafed and adjusted for the tafterpart of the year. We are after $2.65 miffionin Federaf doffars and $1 milfion in State support. State fegisfafive action on obtaining an adcftfionaf fiquor license for fhe City wrlf require a totaf of about 50 hours. The cost of this wotk wiff be paid by T erritoriaf Coafifion Incorporated. e ~ .., CITY OF STILLWATER MEMORANDUM DATE: November 3, 1995 TO: Mayor and City Council {.t,/ FROM: Klayton Eckles, City Engineer SUBJECT: Plans and Quotes for Storm Sewer Repair at Malcolm Brown Residence DISCUSSION Malcolm Brown who lives at 1301 Hillcrest is suffering from an erosion problem brought about by the city storm sewer. In the backyard of the Brown residence there is a discharge from the storm sewer which has eroded about a four foot deep ravine in his backyard. This should be repaired as soon as possible and the best time to do so is the winter. If plans are put together in the next three weeks quotes could be obtained and construction could begin in December, therefore, I recommend council authorize SEH to prepare plans and obtain quotes for a storm sewer repair job at this address. ,1 '~SeH 3535I1ADNAIS CENTER DRIVE. ZOO 5EH CENTER. ST. PAUL. MN 55110 612490-2000 800 323.2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPOfi'i'ATION e October 3, 1995 RE: Stillwater, MiMesota Mlscellaneous J:.ngmeermg SEH No. A-STILL9601.00 Mr. Klayton Eckles, P.E. City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Eckles: On this date, the undersigned, together with Tim Moore, David Junker and a representative from C.",!. 11",...1..., Xu....., ~.....~...n...J U.... ......v"'~v.. ..1,~,J, I,GO'" t,,,,,,,"u U'-'-LAU~"5 a.L Ll..:: "Luu.. ~y,,<;. VLLLlo;:;~ iAl 1llO:: backyard of Mel Brown's house at the comer of 3rd Avenue South and Hillcrest. As you may recall, you and I have reviewed this erosion problem a couple of times over the last year. we Glscussea a metnOO of construct1on and access Wlth the contractor's representative. it appears the befit accesll WOWQ be from :ire Avenue Routh ~rrm;:'I thf> front yimi i'lnn Rlone thp north sirlp of Mr, Brown's house and thust entering the back yard. As we discussed, we would lengthen the \:^~ll..l5 .l-'~t'<; G.1.J '-vu..,lt,........L Q. 1"""5<; ..hut' lll"'-l1.hulc CUl ~1Le:L~Y Jii:>t1ipauvu cu u1l-J1Vv IJ-= <1 1<1~c.l::! plfo-'l:: outlet which would release the water at a slower velocity. The area where the pipe is extended and a manhole placed could then be filled level with Mr. Brown's yard area and a heavy riprap placed at the outlet end to reduce the ero;,;ion which is occurring at present. The conb:actor concurred that access on the north side of the house, as we had envisioned, would probably be the best. He felt by trimming trees, he could get through with the excepti<?n of a small pine by the sidewalk which would have to be removed. It appears we may have to also obtain easement rights from Mr. Brown's neighbor to the north. The contractor further suggested that this project be done in November 01" December after the ground is frozen and less damage would be done to the yard area, and it would be easier for equipment and truck access. The contractor was afraid this time of year, during a wet period, they would be stuck in the sodded areas. I have not completed any design for this project yet. This project may lend itself to City engineer design rather than SEH design. However, if you wish, we would be able to design the pipe system for you. e SHORT ELLIOTT HENDRICKSON INC MINNEAPOI.IS. MN sr CLOUD, MN CHIPPEWA FALLS. WI MADISON. WI tAKE COUNTy, IN EO(J,ll.L OPPORTUNITY EMPCOyO. .~......--- Mr. Klayton Eckles October 3, 1995 Page 2 e I would also recommend that the City consider accomplishing this work in November or December such that the contractor would request payment in January and thus, would fall within the new budget. I would further recommend that the work be conducted by a change order which could be added onto the 1995 Street Improvements since this contractor was also involved in that project. If a change order was prepared, the City would not have to go through the expense of receiving several quotes. and engineering costs would be reduced because specs are already prepared. It would be just a matter of preparing construction drawings such that the contractor could quote price and order materials. If you have any questions, please contact me, and I look forward to discussing this item with you. Sincerely, Short Elliott Hendrickson Inc. Richard E. Moore, P.E. tIo e- :. . . NOU-07-1995 03:07PM FROM ST. PAUL BOMA TO 94395641 P.01 , -4. fETI1]ON FOR LOCAL ~'IPROVEMENl: Stillwater, Minnesota November 4, 1995 To The City Council of Stillwater, Minnesota: We, the owners of real property known as the Stillwater Yacht Club identified by Washington County Property Tax Identification Numbers 9028-0020, ]0690-2]50, and 11999-2300 located generally east of the Northern Pacific Railroad Company's main line and north of the northerly right-of-way of MuJbeny S~ and south of the southerly right-of-way of Elm Street as extended and west of the high water mark of the St. Croix River, hereby petition for a harbor dredging improvement pursuant to Minnesota Statutes, Chapter 429: Signature of Owner Description ofPropeny J) 2;::* a Minnesota Corporation 2) ~~~- ~ ~t ~acltt Hari>or, Inc. Fonnerly Dock Association of Stillwater a Minnesota Nonprofit Corporation Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. See attached ExhIim · A W See attached F.lhibit "A" City Clerk Pqst.it' Fax Note To 7671 Date From Co. Pl'lone 4# Phone # Fax. Fax I .. -' - ,-. .- ._.._11...., _.__u___.. . . --- -- .-..,.-- '. NOV-07-1995 03:08PM FROM ST. PAUL BONA TO 94395641 P. 02 . " it AGREEMENT OF ASSESSMENT A~n lV AIVER OF lRREGlJI.ARITV AND APPEAl.. . THIS AGREEMENT is made this 4th day of November, J995, between the City of StiUwater, State of Minnesota, hereinafter referred to as the wCity"; and Stillwater Yacht Club Inc., a Minnesota Corporation, and Mulberry Point Yacht Harbor Inc., fonnerfy the Dock Association of Stillwater. Inc., a Minnesota nonprofit COJ}Kntion. hereinafter referred to as "oWner". In consideration of the actioD of the City Counci~ at the owner's request, to cause dredging improvement mpublic 'Waters in the harbor of the Stillwater Yacht Club and to assess 100 percent of the costs thereof to the owner, owner agrees to pay this percentage ' and the costs of the improvanent Dot to exceed $54,000 over a period of 10 years. Owner expressly waives objection to any irregularity with regard to the improvement assessment~ and any claim that the amount thereof levied against the owners property is excessive, together with aD rights to appeal in the courts. In testimony, whereof: the parties have hereunto set their hands, the day and year first above written. r7~JA:.{ _ -= . Stillwater Yacht Club Inc., a Minnesota Corporation tai~ ~ f)..~~ '. Mul oint Ya Harbor Inc., formerly Dock Association ofStiDwater, a 1\1innesota Nonprofit ColpOl'ation .1 TOTAL P.02 . . . "fIIW"'" . ....rklllV ef,ac..- Sn 1..." .ro...Jr.... an.d nfl' >>11;:1"1)0". 1.1.:00rdl"9 to ~r.c:t'.. ....U.I(o.. ~ w... hlc. Corehitactal '.t '1'.':"_. 1 JOel 1'. An.. c,"",nt.od at J...f I.n obvl0"'. par_aftCI .r""e.. WlUI . tt"a:-lt vi....l 1n.pectlon. A.:cord&tM) to IIAVid oJun".r (puhllc Work. DUectod. the proporty ",...t,".. ..,rdo ,,,'..,, and H.r S.....a;.. "roJHIrty ,. co"a14.,..d p.rt. of &.u-..Il '.rk .IUS CoII".d a.y tho =lty 0' StoU lv.,' ",. a,...ct on f:urU..r lnvo,u19,;Hlun ~I Cat., of Stillwator ..p. on April IS, 1:)1:'. it appe.r. t"at E..t Laur.l SUCCft ,=- ...:.t04 Iro.. I.h.. ...t. lln_ of IfUllal Sucon'" St,..." It" CloD ,",oat 1 uw ", 1h,"-\I. Main Su..,. Howv.r. 014 Ci Ly '0':"(" book. .houl d be oXMi n.cI to bto .",rlt'. , . j ~ A-rEO \J p.'oJ'" .,1 ... 1Il 1Il ... ... CI)' J r ~ r .... ,.- _., if ! .. \ , \ \ \ ~.\: \ 0 '.. %. ~ \ \ -- ,- \ ~....- _ ..-,....rr'l .. ,--.~ t.\ II" <"' ;..--' \ \ ' \' \ \ \ \ ,..-- - -- .. _ AIIEZ IfUans. ......, ,.... M4 ...... .. - .......- ~ ~ If'. z_. bu. '"0 revi.'ona on thL. aurvoy ..("' _n" Ie. ...11 .iaef all ...o..nt. e.avc' A"l be." chown but 8... auach_d bonotc fur your In.p.c~'oa.. f ~ ! .!S Q a ..: CI) t \ 1:;.;- -~..."t.<....... t a;1:....... /" \ . 1Jg:" oD... Exhi hi t .. A .. _ ___ street --~~~ LDke Elmo Llmd Surveyors, Inc. .... L__...... .... ... ,... c.... ............... ,.," rrt-..... ", '- ", ) ; ') I e . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P,O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODIE ARVOLD JODI JANTZ MEMORANDUM TO: Nile Kriesel, Mayor and City Coordinator Diane Deblon, Finance Director ~ave Magnuson FROM: DATE: November 7, 1995 RE: Assessments on Territorial Prison Site When the surveys were done for the sale of the Minnesota Territorial Prison Site it was discovered that an overlapping legal description caused a double assessment for certain property in Local Improvement 257. The mistake incurred because the entire prison site (that is roughly defined by the wall and the highway) is covered in the description for parcel number 9028-0150. The assessments computed for Maple Island's ownership included the entire site using this parcel number. The State of Minnesota, however, had obtained an easement over part of the property for the Battle Hallow Monument and the legal description for this easement was contained in parcel number 9028-0040. Assessments were spread on this easement as if it were a parcel of land. It is necessary at this time to correct this assessment roll for two reasons. First, because the property covered by the easement is already included in the assessment for the ownership of the prison site and also because it is not legally possible to assess the State of Minnesota for a local improvement unless their consent is first obtained. The total assessment for the easement property is eighty-one thousand six hundred ninety and 821100 Dollars ($81,690.82) and in addition to cancelling this assessment, it would be necessary for the staff to prepare abatement requests for the amount certified to the County in prior years. DTM/ds \I . 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON RE: Subdivision Code Update Stillwater, Minnesota SEH No. P-STILL9606.00 November 7, 1995 Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Dear Mr. Russell: Thank you for the opportunity to provide professional services to update the subdivision code for the City of Stillwater. We look forward to a continued, positive working relationship and to providing a timely and professional planning guideline for the City. . The purpose of this project is to research, review, and recommend various text and format changes that will make your current subdivision code more applicable to Stillwater's planning goals and objectives. The recently completed Comprehensive Plan will greatly aid in this effort. The result of the project will be a clear and concise document that is effective and easily understood. As discussed, I have reviewed the existing subdivision code and have some specific ideas on document organization, applicable referencing, and pertinent developer checklists. Project Scope As outlined in our proposal, services will consist of the following tasks: Task 1 - Task 2 - Task 3 - . Task 4 - SHORT ELLIOTT HENDRICKSON INC, Initial review of existing subdivision code and other planning documents (i.e., Comprehensive Plan, Zoning Ordinance, Special Studies, New State Regulations, etc.) Meeting No. 1. Kickoff meeting with Project Team (C.D. Director, Public Works, Engineering, Fire Department, etc.) Discuss project goals and objectives. Specific research and analysis of subdivision code to identify key issues and needed revisions. Meet to discuss updated subdivision code format and checklist ideas and subdivision code and regulations for other cities with Community Development Director. Formulate recommendations and changes to subdivision code based on consultant research, City Community Development Director input, and Project Team input. Compile list in terms of required text revisions and format changes. MINNEAPOLIS, MN Sf CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY. IN EQUAL OPPORTUNITY EMPLOYER . . I. \ ' Mr. Steve Russell, City of Stillwater November 7, 1995 Page 2 Task 5 - Meeting No.2. Work session meeting with Stillwater Project Team to discuss compiled list of subdivision code recommendations and changes. Receive additional input. Task 6 - Draft changes in text and format based on agreed upon recommendations and changes. Task 7 - Complete update of subdivision code document (draft). Task 8 - Meeting No.3. Work session meeting with Stillwater Project Team to present and discuss subdivision code update (draft). Task 9 - Formulate complete Subdivision Code document (final draft) based on discussion and input from Task 8. Transmit to Planning Commission and City Council. Amend and/or revise subdivision code (fmal draft) based on Planning Commission and City Council review. Task 10 - Attend public hearing (optional). Method of Compensation For the preparation of the subdivision code update, SEH will be paid on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses including reproductions, mileage, and equipment utilization. Additional time spent in preparing for and attending meetings other than those used in the Scope will be billed as additional services on an hourly basis. The estimated cost of the study and camera-ready final document and checklists suitable for duplication is not-to-exceed total of$5,000. When 90 percent of the estimated budget has been spent, SEH will stop work and discuss the status of the project with you. At that time, the basis for completing the work will be determined. City Responsibilities The City of Stillwater will furnish SEH with information necessary to meet your requirements and also make available all pertinent existing data listed below: . COD;1prehensive Plan . Current Zoning Ordinance, Map and map text . Applicable City codes (including Washington County Model Subdivision Code) . Miscellaneous pertinent planning studies and maps . . ,. I , Mr. Steve Russell, City of Stillwater November 7, 1995 Page 3 Schedule SEH will proceed with our services promptly after acceptance of this Letter Contract. Total completion of all phases of the study (including final report) will be in an estimated one-month time frame (concluding mid-December 1995). If there are protracted delays for reasons beyond our control, we expect to negotiate with the City of Stillwater an equitable adjustment of our compensation, taking into consideration the impact of such delay, but not limited to, changes in price indices and pay scales applicable to the period when services are, in fact, being rendered. SEH Project Team Randy Thoreson will serve as Project Manager/Senior Planner on the project. Responsibilities will include research, communication (i.e., meetings), and specific subdivision code and checklists formulation. Randy offers more than 20 years experience in both the Midwest and Mountain West as Planning Director and/or consultant to many communities similar to Stillwater. Both Randy and SEH's familiarity with the City of Stillwater is a definite advantage. It can also be noted that Randy has prepared numerous subdivision code updates and also authored a state-wide subdivision administrators manual while in Montana. Serving on the Mn/ AP A Legislative Committee is also of benefit in researching and understanding Minnesota planning and subdivision laws. Assisting Randy will be Roger Bromander. Roger recently joined SEH as a staff planner working on local planning projects. He recently moved from Grand Marais/Cook County where he was a City/County Planner for a number of years. He also worked with other communities in Minnesota. Roger has specific knowledge on subdivision codes and development review processes. Invoicing SEH will invoice the City monthly for services and reimbursable expenses. The financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous progress of the project through completion. Modification and Termination This proposal represents the entire understanding between SEH and the City of Stillwater in respect to the project, and may only be modified in writing, signed by both parties. The City may also terminate this agreement, in writing, at the completion of anyone of the tasks. This agreement may also be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its term through no fault of the party initiating the termination. In the event of termination, SEH shall be compensated for services performed to termination date, including reimbursable expenses then due, and all terminal expenses. . . . '" Mr. Steve Russell, City of Stillwater November 7, 1995 Page 4 If this document satisfactorily sets forth your understanding of our agreement, we would appreciate your signing both copies of this agreement in the space provided below. Return one copy to our office and keep the other for your files. Sincerely, Short Elliott Hendrickson Inc. Randall R. Thoreson Project Manager/Planner '--ur~VY~ Mark L. Lobermeier, P.E. Manager, Water Resources smm APPROVED THIS I 1995 DAY OF City of Stillwater By: Title: e ie " .-- MEMORANDUM P", TO: City Employees FROM: Nile Kriesel, City Coordinator DATE: November 2, 1995 RE: November Holiday Schedule This is a reminder to all City employees that City Hall will be closed Friday, November lOin observance of Veterans Day. City Hall will also be closed Thursday and Friday, November 23 and 24 to celebrate Thanksgiving. . F"I:.c_~ W ASIllNGTON COUNTY Me:ri::~ser District 2 COUNTY BOARD AGENDA OCTOBER 24, 1995, 9:00 A.M. Welly Ab...hemeon District 3/Chelrman My... Pet.,.on District 4 1. 9:00 WASHINGTON COUNTY REGIONAL RAIL AUTHORITY CONVENES Deve Engstrom District 6 A. ROLL CALL B. RRA MINUTES OF AUGUST 8, 1995 C. RAMSEY COUNTY RRA ACQUISITION OF BIN CORRIDOR D. JOINT POWERS BOARD 1996 WORK PLAN 2. 9:10 WASHINGTON COUNTY BOARD OF COHKISSIONERS CONVENES ROLL CALL CONSENT CALENDAR 3. 9:15 H.E.L.M. DEPARTMENT - M. MCGLOTHLIN, DIRECTOR A. SET PUBLIC HEARING - AMENDMENTS TO HAZARDOUS WASTE MANAGEMENT ORDINANCE B. NEED FOR AN EAW OF MAYWOOD SOUTH IN MAY TOWNSHIP 4. 9:55 COUNTY ATTORNEY'S OFFICE - R.ARNEY, COUNTY ATTORNEY LANDFILL CLEANUP AGREEMENT AND WAIVER OF CLAIMS 5. 10:15 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR 6. 10:25 DISCUSSION FROM THE AUDIENCE 7. 8. 9. 10:45 10. 10:55 TO 11:30 11. 11:30 TO 12:00 e VlSI7VRS MAY SJWfE 7llEIR CONCERNS 'WllH THE COUNri BCMRD OF COMMISSlONERS ON ANY ITEM NOT ON THE AGENDA. THE CHAIR W1lL DIRECT THE COUNIY ADMIN/SlBATOR TO PREPARE RESPONSES TO YOVR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPETTTlOUS OF PREVIOUS SPEAKERS AND TO LIMIT YOVR ADDRESS TO FIVE MINU1D. COHKISSIONER REPORTS - COHKENTS - QUESTIONS 7HIS PERIOD OF 71ME SHAIL BE USED BY THE COMMlS3JONERS TO REPOKT TO THE FUlL BOARD ON COMMl17EE AC11Vl711!:S, MAKE COMMENTS ON MA1TERS OF INTEREST AND INFORMA710N, OR IWSE QUESllONS TO THE STAFF. 7HIS ACIION IS NOT INTENDED TO RESULT IN SUIlSTANTI'IE BOARD ACIION DURING 7HIS 71ME. ANY ACIION NECESSARY BECtUSE OF DISCUSSION W1lL BE SCHEDULED FOR A FU1TJRE BOARD MEEI1NG. BOARD CORRESPONDENCE ADJOURN BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION - ROOM B UPDATE ON COURT SPACE AND WEST END REMODELING PLANNING BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION - ROOM B SURVEY FROM THE MINNESOTA HOUSE OF REPRESENTATIVES ON STATE AID TO LOCAL GOVERNMENTS **HEETING NOTICES LISTED ON BACK If YOU "..d aai_nee dw '" di_biIIty Of' ltInguage barrier, pIea_ cal/43().6003 fTDD 439.3220J EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER ..... WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* OCTOBER 24, 1995 The following items are presented for Board approval/adoption: e DEPARTMENT/AGENCY I'rEM ADMINISTRATION A. APPROVAL OF THE OCTOBER 3 AND 10, 1995, BOARD MEETING MINUTES. AUDITOR-TREASURER B. APPROVAL OF ABATEMENT APPLICATIONS FOR REDUCTION FOR HOMESTEAD, DISASTER CREDIT, REDUCTION OF VALUE AND PENALTY. COMMUNITY SERVICES C. APPROVAL OF EXTENSION OF THE MEMORANDUM OF AGREEMENT BETWEEN COMMUNITY SERVICES DEPARTMENT AND THE DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND MANAGEMENT. HEALTH, ENVIRONMENT AND LAND MANAGEMENT PUBLIC WORKS D. APPROVAL TO EXECUTE AGREEMENTS WITH THE CITY OF COTTAGE GROVE AND NEW SCANDIA TOWNSHIP AND AUTHORIZE PAYMENTS FOR DISTRIBUTION OF CURBSIDE RECYCLING FUNDS IN THE AMOUNT OF $89,999.50. E. APPROVAL OF TWO PART-TIME INTERMITTENT SPECIAL PROJECT EQUIPMENT OPERATORS IN THE PUBLIC WORKS DEPARTMENT FROM NOVEMBER 1, 1995 TO APRIL 15, 1996. F. APPROVAL OF RESOLUTION, FINAL PAYMENT TO LAMETTI & SONS IN THE AMOUNT OF $I, 000 FOR WALL RECONSTRUCTION AT THE MILL POND IN MARINE. HUMAN RESOURCES G. APPROVAL OF RESOLUTION, FINAL PAYMENT TO T. WRECKS DEMOLITION & TRADING COMPANY IN THE AMOUNT OF $29,600 FOR DEMOLITION OF OLD JAIL AT THE GOVERNMENT CENTER AND REMOVAL OF DEBRIS. H. APPROVAL OF RESOLUTION, FINAL PAYMENT TO BERGMAN COMPANIES, INC. IN THE AMOUNT OF $66,683 FOR THE SUPPLY AND INSTALLATION OF CRACKSEAL MATERIAL. *Coosent Ca1eodar itana arc gCllerally defme4 u itemJ of routine busiDeas, not m{uiring discussion, and approved in one vote. Commissioners may elect to pull a COIIICIIt Calcodar itan(s) for discussion and/or sepanlte action, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING OCTOBER 31, 1995 - FIFTH TUESDAY MEETING NOTICES Date COllUllittee Time Location Oct. 24 Oct. 24 Oct. 24 Oct. 25 Oct. 26 Nov. 1 Nov. 1 Nov. 2 Personnel Committee Employee Recognition Dinner Planning Advisory Commission Met. Mosquito Control Community Corrections Metropolitan LRT Plat Commission May Town Board, Met. Council and County Board 1:00 p.m. 5:30 p.m. 7:00 p.m. 8:30 a.m. 7:30 a.m. 8:30 a.m. 9:30 a.m. 7:00 p.m. Washington County Government Center Historic Courthouse - 101 W. Pine Washington County Government Center ~ 2099 University Ave. W - St. Paul ~ Washington County Government Center Hennepin County Government Center Washington County Government Center May Township Hall-13939 Norell Ave. 1. 2:00 TO 4:00 2. 3. 4:30 4. 4:45 W ASIllNGTON COUNTY Dennis C. Hegberg District 1 Mary Hauser District 2 Wally Abrllhameon District 3/Chelnnan COUNTY BOARD AGENDA NOVEMBER 7,1995,2:00 P.M. MYrll Petereon Dletrict 4 Deve Engstrom District 6 WORKSHOP WITH OFFICE OF ADMINISTRATION - ROOM B DISCUSS DRAFT COMPREHENSIVE PLAN, LINEAR PARK MASTER PLAN AND PUBLIC HEARING RECORD ROLL CALL CONSENT CALENDAR PUBLIC HEARING - H.E.L.M. DEPARTMENT - M. MCGLOTHLIN, DIRECTOR AMENDMENTS TO THE HAZARDOUS WASTE MANAGEMENT ORDINANCE PUBLIC WORKS DEPARTMENT - D. WISNIEWSKI, DIRECTOR A. GRANT AGREEMENT FROM METROPOLITAN COUNCIL FOR LAND ACQUISITION IN GREY CLOUD ISLAND REGIONAL PARK B. ACQUISITION OF PROPERTY FOR INCLUSION INTO GREY CLOUD ISLAND REGIONAL PARK 5. 5:00 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR A. USE OF NATURAL RESOURCES BLOCK GRANT-WETLAND FUNDS B. IMPACT OF LIVABLE COMMUNITIES ACT ON TRANSPORTATION FUNDING 6. 5:20 DISCUSSION FROM THE AUDIENCE 7. VISFTOI1S AlA f SHARE 7HE/R CONCERNS WT1'H 11lE CO/JNTY BIWW OF COMM/SSlONERS ON ANY /1DI NOT ON 11lE AGENDA. 77lE CHAIR WILL DIRECT 11lE COUNtY ADMTNISTRATOR TO PREPARE RESPONSES TO fOUR CONCERNS. fOU ARE ENCOURAGED NOT TO BE REPET1l10US OF PREVIOUS SPEAKERS AND TO LIMIT fOUR ADDRESS TO FIVE MlNUlF.S. COHHISSIONER REPORTS - COHHENTS - QUESTIONS 11IJS PERIOD OF TIME SHAlL BE USED Bf 11lE COMM/SSlONERS TO REPOK1' TO 11lE FUU. BOARD ON COMMl'lTEE AC11VTl1ES. MAKE COMMENlS ON AlAT1'HtS OF lNTE11EST AND INFORMA710N. OR 1WSE QUES110NS TO 11lE STAFF. 71I1S AC1l0N IS NOT lNIfNDED TO RESULT TN SUBSTAN11VE BOARD AC1l0N DURING 11IJS TIME. ANY AC1l0N NECE'.SSARf BEctUSE OF DISCUSSION WILL BE SCHED/JUD FOR A FU1URE BOARD MEETING, 8. BOARD CORRESPONDENCE 9. 5: 40 ADJOURN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date Nov. 8 -: : Nov. 9 MEETING NOTICES COIDIRittee Tiae Location 911 Board Solid Waste Advisory Library Board Community Services Advisory 10:30 a.m. 5:30 p.m. 6:30 p.m. 7:30 a.m. 2099 University Ave. W. - st. Paul Washington County Government Center Woodbury Library Washington County Government Center If you nHd eui.r.nce due to di>>bility 01' Ien(JUII(Je bllnier, pI__ ce1143o-6000 (TDD 439-3220/ EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WA,sHINlJTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* NOVEMBER 7, 1995 The following items are presented for Board approval/adoption: DEPAR~HT/AGENCY ITEM ~ ADMINISTRATION A. APPROVAL OF THE OCTOBER 17, 1995, BOARD MEETING MINUTES. B. APPROVAL TO DESIGNATE COMMISSIONER DENNIS HEGBERG AS VOTING DELEGATE, AND COUNTY ADMINISTRATOR JAMES SCHUG AS ALTERNATE, FOR WASHINGTON COUNTY AT THE MINNESOTA COUNTY INSURANCE TRUST ANNUAL MEETING. AUDITOR-TREASURER C. APPROVAL OF RESOLUTION, REPURCHASE OF TAX FORFEITED PARCELS 73695-2075 AND 73695-2100 BY RICHARD J. COVERDALE, OWNER. D. APPROVAL OF RESOLUTION, APPLICATION FOR PREMISES PERMIT RENEWAL FROM RECREATION SCANDIA CHI SAGO AREA LAKES ASSOCIATION TO BE USED AT TRAILS END, NEW SCANDIA TOWNSHIP. COMMUNITY SERVICES E. APPROVAL TO REAPPOINT CHARLOTTE FARNUM TO THE RAMSEY ACTION PROGRAM BOARD OF DIRECTORS FOR A TWO-YEAR TERM AND THAT ANDREW ERVIN BE REAPPOINTED AS ALTERNATE REPRESENTATIVE. F. APPROVAL TO ISSUE A JOINT REQUEST FOR PROPOSALS WITH ANOKA AND CHISAGO COUNTIES FOR A CRISIS RESPONSE PILOT PROGRAM. G. APPROVAL OF 1995-1996 CONTRACT WITH NORTHEAST RESIDENCE INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. HEALTH, ENVIRONMENT AND LAND MANAGEMENT H. APPROVAL TO EXTEND CONTRACT WITH THE MINNESOTA POLLUTION CONTROL FOR THE OPERATION 0 THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM. HUMAN RESOURCES I. APPROVAL OF .5 SPECIAL PROJECT FAMILY SERVICE WORKER IN THE COMMUNITY SERVICES DEPARTMENT THROUGH DECEMBER 31, 1996. PUBLIC WORKS J. APPROVAL OF CONTRACT WITH LAWRENCE MAPPING AND GRAPHICS IN THE AMOUNT OF $15,933 FOR THE CREATION AND SUPPLY OF AN UP- TO-DATE WASHINGTON COUNTY HIGHWAY MAP. K. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR CONSTRUCTION ON MAYBERRY TRAIL AND LOFTON AVENUE IN NEW SCANDIA TOWNSHIP TO VALLEY PAVING, INC. L. APPROVAL OF RESOLUTIONS, ENTER INTO A SIGNAL CONSTRUCTION AGREEMENT NO. 74246 AND MAINTENANCE AGREEMENT NO. 74247-R WITH MN/DOT AND EXECUTION OF SAID AGREEMENTS. M. APPROVAL OF RESOLUTION, ENTER INTO TRAFFIC SIGNAL CONSTRUCTION AGREEMENT NO. 73848 WITH MN/DOT AND EXECUTION OF SAID AGREEMENT. N. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR ADA SIGNAGE COMPLIANCE FOR COUNTY BUILDINGS TO PAJOR GRAPHICS/ASI IN THE AMOUNT OF $132,375.95. o. APPROVAL OF CONTRACT WITH BRAUN INTERTEC FOR IMPLEMENTATION OF A PAVEMENT MANAGEMENT SYSTEM (PMS) FOR THE COUNTY HIGHWAY SYSTEM IN THE AMOUNT OF $79,649. P. APPROVAL TO REQUEST PROPOSALS TO SELL AND REMOVE THE HOUSE AT 16752 MAY AVENUE OR TO RAZE THE HOUSE IF NO RFPS ARE RECEIVED. Q. APPROVAL TO EXECUTE NSP LOAN APPLICATION FOR ENERGY CONSERVATION/IAQ RETROFIT OF A PORTION OF GOVERNMENT CENTER AIR HANDLING SYSTEM. ; RECORDER R. APPROVAL OF PLAT OF FOUNTAIN HILLS, WEST LAKELAND TOWNSHIP. ~ "ConlClll C.lendar iteml .re c........Uy Ikru>ed .1 ilans of routine bulillesl, not requiriq discuslion. IIId approved in oae YOle, Commiuionerl may eJect to pull I Conscal Calendar item(l) for discUllion llUJ/or scparalc action. e October 26, 1995 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson David Francis; Supervisors Jack Takemoto and Jerry Hicks. Also, Planner Mike Gair, Attorney Tom Scott, Engineer Paul Pearson, Peace Officer Steve Nelson and Treasurer Warren Erickson. 1. AGENDA - M/S/P Hicks/Takemoto moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M/S/P Hicks/Takemoto moved to approve the 10/9/95 Stillwater Town Board Budget Meeting Minutes as written. (3 ayes) M/S/P Hicks/Takemoto moved to approve the 10/12/95 Stillwater Town Board Meeting Minutes as written. (3 ayes) 3. TREASURER- 1. Report given. 2. Additional Budget Meeting set for October 30,1995.. 3. M/S/P Hicks/Takemoto claims #631 - #656 were approved for payment. (3 ayes) 4 . A TT 0 R N E Y - 1. Rivard Appeal filed. 2. Still waiting for the Bergmann lot consolidation. 3. M/S/P Takemoto/Hicks moved to adopt Ordinance #114 which repeals the Potentially Dangerous Dog Ordinance #96. (3 ayes) (In future tickets will be written under the State Dangerous Dog regulations.) 5. DENNIS O'DONNELL- COUNTY PLAN~ER - Mr. O'Donnell spoke about cul-de-sac lengths - County and Township regulations. 'Supervisors asked that they receive County input before they make a decision about the Estelle property. Mr. Estelle will apply for a variance to the cul-de-sac length. 6. ENGINEER - Mentioned that the permits to drain Twin Lakes into McGuire Lake (referred to as Silver Lake), talked about the Stonehenge punch list, and Mr. Vizenor's counterproposal for water problems in Curtiss Hills Subdivision. Board consensus was to drop the issue. M/S/P Hicks/Takemoto moved to approve the SChifsky bill for the road overlayment project contingent on Louise Bergeron's approval. (3 ayes) 7 . PEACE OFFICER - 1. Mentioned that 97 speeding citations had been given on Stonebridge Trail last two months. 2. Discussion about increased dog impound fees. $60.00 is a break even amount. Ie Stillwater Town Board Meeting - 10/26/95 Page Two , . 8. RECYCLING - Eric Larson was present to talk about recycling. They have been taking additional items lately - computer paper, cereal/pop cardboard, ~ junk mail, and telephone books. He was notified to submit a bid, along with other recyclers, for a 1996 contract. Board agreed to accept 50 recycling bins from Washington County for new residents. Cost is $4.86 per bin. Donations to be accepted. 9. PUBLIC WORKS - 1. Pine Point Gate to be installed when the building is finished. 2. County may be able to do a retaining wall for us at the Town Hall. 3. M/S/P Takemoto/Hicks moved that Mike Gair look into costs for a study of Stonebridge Trail from Otchipwe to Partridge Road regarding striping and signage, as well as, other alternatives for speed control. (3 ayes) 10. HUNTER'S RIDGE - Leon Opatz agreed to waive the time limit until November 10, 1995 for a decision on the Planning Commission recommendation to coincide with the Zoning Ordinance Amendment adoption. 11. ANNEXATION - It was announced to the Supervisors that the City of Stillwater tounc;l directed their Planning Commission to change the Comprehensive Plan and take all of the Township located South of Highway 96. M/S/P Takemoto/Hicks moved to authorize Mike Gair to check with Evenson Dodge about completing the scope of service as outlined in their letter of April 18, 1995 - cost limited to $5,000.00. (This may be finalized at the 10/30/95 Special Town Board Meeting.) (3 ayes) The Special Town Board Meeting on October 30 will include not only Budget items, but discussion of the City of Stillwater's Comprehensive Plan and the Evenson Dodge request. 12. ADJOURNMENT - Meeting adjourned at 10:14 p.m. Clerk Chairperson Approved _I IU-~J-Yb Ul:4~PM ~HOM ST PAUL CHAMHhH TO Y43YU4bti fUUUUUL . ' . - - e ~ Metro East Development Partnership MEETING NOTICE THE METRO EAST DEVELOPMENT PARTNERSHIP lJoard or Direetors will meet on FridaYt November 17, 1995 at 12:00 Noon Hi111R.amsey Conference Room Saint Puw Area Chamber of Commere 101 Norwest Center SS East Fifth Street Saint Paul, MN 55101 Please RSVP to ME>>P at 223.5006 by Fridav. November 10, 199~ You will receive an agenda and related meeting information a week prior to the Board meeting. " "'. e .1 (r 1,~r,~ .~" ",~'I;". I"""':a 11 .,", Iolp ~ ~ 1" , I..... ~ ... 10-Z3-9501:48PM FROM ST PAUL CHAMBER DATE: TO: FROM: RE: TO 94390455 POO lfOOZ e METRO EAST DEVELOPMENT PARTNERSHIP FAX TRANSMITTAL October 23, 1995 BOA RD OF DIRECTORS Jim Adam. Bob Benke Kevin Berg Mike Bisanz Craig Bollum Will BnDDing Michael Bromelkamp James Chalmers Sberol Christian.Reece Norm Coleman Arne Cooke Guy deLambert Ron Dodd Dan Dolan Patrick Donovan Chuck Doney Anita S. Duckor Tom Egan Cbuck Feltz Kevin F'ruelI Jerry Banal Dick Ball.on William Hargis. Joe Harris John Healy Dennis Heaberg Gary Iverson Jay Kimble Jerry Larsoo Kent Larson Craig Lien Brian MacDonald Darrell Mullerleile Ricbard Nowlin John Ray Peter Ridder Tim Rogen Steve Sarkozy Steve Smith Anne Sonnee Craig Waldron Dick Wedell Mike Werner Ed Wollerman Jaona lOng November 17th Meeting Notit~e NUlllber orPalcs (including cover sheet): :l PLEASE FORWARD TO THE APPROPRIATE CONTACT e Peo"le - 8:30 PM: 8:30 Steve Nelson' animal fees 8:45 Larson Hauli 9 Old Business: 1. Recycling Bids 2. Budget New Business: 1. New School 2. Update Stillwate City Meeting re: Comprehensive Plan e Note: Louise will be abse Claims by Novembe 1 for payment November 9. 10/22/95 Pat Bantli -, ! __. l ::-. , , l c"1 t~ chool Talk Newsletter for District 834 Key Communicators Volume 1, No.1 I October, 1995 ,"" School Talk HOTLINE: 351-8410 ~ i , I :j I i '\ , I . ;. j ~ " -, pter1ge To avoid the jargon and educationese that too often infects writing about schools and education. This pledge includes NDAQUBE: Non- Decipherable Acronym, Only Understood By Educators. School Talk editor Karen Lampi, 351-8400 I' ': 'e Welcome to the fIrst edition of School Talk, the District 834 Key Communicator Newsletter, a publication we hope will start a continuing dialogue between our community and our public schools-let's talk. Briefly, here's what a Key Communicator Network is and how it works. The school dis- trict mails this newsletter to a list of selected "key communicators" who may use an enclosed response card or call the Key Communicator Hotline to ask questions, voice opinions, request infonnation, question rumors, etc. The next issue of the newsletter will address questions and topics raised by key communicators' cards and calls. In other words, the con- tent will be detennined largely by what "keys" have to say. School Talk is open to discussion of all topics and points of view. Frequency of publication will depend on level of response. School Talk also will provide information about current issues facing the district and education in general-to create awareness and food for thought. We hope readers will talk about this newsletter over coffee cups and card tables. Despite technology, the grapevine is still the most traveled avenue of human communication. If you are reading this, please tell others about what you've read, give away your copy, encourage friends to get involved. That's why you're called "key communicators." You are the fIrst step in creating a net- work of communication about your public schools-network being the '90s word for grapevine. The initial School Talk mailing list is about 350 names chosen to reach various segments of the school district community. You are parents, students, non-parent citizens, business- persons, members of boards of directors, realtors, area clergy, school district staff members, local government officials, and local media. You represent different areas of our large and geographically spread out district. You are opinion leaders in our community. You are voices that otherwise might not be heard. In short, you represent the citizens of School District 834. As Key Communicators, you pledge to respond via card or hotline when you read something here (or elsewhere) that moves you. As indicated, you are the ("ust to receive this newsletter, but this is not a club with limited membership. Anyone who is interested can have their name added to the mailing list. Just call the hotline, leave your name and address, and you will receive the next School Talk. Getting out is as easy as getting in: if you don't want to be a key communicator, just say so- either by mailing in a response card or calling the hotline. Once a year, you will be asked to return a special response card to indicate your willingness to stay on the mailing list; if you don't return a card, your name will be removed. Much of the writing for School Talk will be done by Karen Lampi, the district's communications (continued on next page) ~ It is the mission of the Stillwater Area Schools to ensure high quality, innovative, challenging education where all learners are valued and respected. -. -.. .'''' ... --. .---------.- Marginal [ommen t S Rumors Shorlly alter the new high school opened, a persistenl rumor surfaced lhallhe building was sinking. II isn'l. AlIother popular legend is Ihat the dislricl construcled a lunnel from the High School Wider Highway 5 to reach what eventually will be a hotbed ollast lood restaurants across Ihe streel. Sofar, no burgers. If you've heard a romor Dr something about your schools that troubles you or something that you would just like to verify or fUJd out about, send it along so an attempt can be nuu:le to get at the facts-lO ascertain the truth of the story and replace specula- tion with Information. ...the rest of the seemingly endless introduction continuedfrom thefrontpage coordinator. Information will be gathered from the person or persons best qualified to respond to e a question or comment, and, in some cases, they will write the response. In any case, the tone of this publication will be informal. The hope is to start a conversation between you and your schools. Which brings us to the issue of anonymity. This newsletter will not require that you sign your name unless you choose to do so. All responses received, via response cards and voice mail, will be shared with the School Board and administration. Questions related to specific issues involving a student or a parent experience with the schools will be referred to the person best qualified to deal with them. If a specific incident raises a policy issue, the question will be brought up for discussion in the key communicator network. That's enough introduction. What follows is a collection of a few current issues, some informa- tion updates, and other odds and ends that will serve to get us started. Next time, you will write the table of contents. School Board Election November 7 In response to new Minnesota legislation, the District 834 School Board election calendar is in transition to November elections in odd-numbered years and four-year terms of service. nus year, two Board positions are open; three positions will be filled in November, 1996; two positions will be filled in November, 1997. Thereafter, School Board elections will be held in November of odd-numbered years, with Jour directors up for election in one odd-numbered year and three in the followin~ odd-numbered year. l .! f .~ t On November 7, voters will elect two Board members from among the foUowlng six candidates: · Mary Cecconi · Ann GiYen · David "Choc" JunJcer. INnnis McDermotl . Melva Radtke (incumbent) · Chris Sievert. Lyman Geary has announced his decision to retire at the end of this year after 34 years of service to the district as a member of the School DoiU'd. These are JJ11l.C. representatives in JJ11l.C.public school system. Don't/orgel 10 vote...and remind your neighbors to vote, too. Is there a communications gap between the public and the School Board? During the current School Board election campaign, lack of communication between the School Board and the public is an issue that has surfaced several times. Criticism has been leveled at the Board for making decisions without sufficient public discussion of the issues. Frustration has been expressed that it is difficult to make oneself heard at the Board level, and that it doesn't much matter what you have to say because the Board comes to its public meetings with its decisions already made-it's "a done deal" by the time it gets to a Board meeting. Some avenues of communication that do exist are: . Notice of School Board meetings is published in school and/or community calendars in local papers and announced on the local radio station. Several local newspapers regularly cover and report on Board meetings; the minutes are published in the district's legal newspaper. the Stillwater Gazette. . Board meetings are cablecast live on local access channel 12 and replayed at e . II j i I }I Ma"gl~al Cammon tl C~for ce1ebr~l.011/ 1 ~ 1, Stillwater Junior High School has been named one of two Blue I Ribbon Schools in 1 Minnesota and is now .. being considered for a I national Blue Ribbon ..1..' School of Excellence Award. SJHS was named a National School of Excellence in 1984. . Stillwater Area High School was one of only two public schools des- ignated as "schools that work" by MplslSt. Paul Magazine in its October edition. . The Stillwater Area High School Kabekonian yearbook, Pony Express newspaper, and Stylus literary magazine all received Silver Awards in the "All Minnesota" contest at the .Minnesota High School Press Convention held at the University of Minnesota campus I September 19. Also, the .. Kab won a third place and the Stylus an honorable mention in the "Best of Show" competition. e r.~:;..;J:,.,!I!lIl11'llll III. 10 a.m. the Saturday following a meeting. For other replay times, which may vary, call the Access Center at 430-2921. · The Board meets on the second and fourth Thursdays of the month and the public is always encouraged to attend. Remember the old saying: the world is run by those who show up. What do you think? The district would welcome suggestions for improving public awareness of School Board meetings. Everyone benefits when citizens know about the issues facing the district before they reach the point of School Board action. Classroom discipline in today's litigious society The district's Quality Education Committee recentIy conducted a series of focus groups with students, parents, teachers and support staff to determine what issues exist with regard to the district providing a "safe and caring learning environment." The study goes back to the district's strategic plan, which led to the development of a mission and core values; one of the core values is "The school district environment must be honest, respectful, caring and safe. " One parent who participated in a focus group took time to pose a few questions in writing so the following concerns could be addressed in the key communicator newsletter: "Respectful disci- pline is an integral pari of maintaining a healthy learning environment. Given today s environ- ment for lawsuits. how much are ieachers allowed to do to maintain discipline in their class- rooms? How supportive are administrators and parents in enforcing discipline? Which is seen as more important: discipline to keep classrooms safe and healthy or fear of reprisal. Le. lawsuits?" The next School Talk will include a response to this parent's questions written by district staff; key communicator comments would add to the discussion. i :1 ..~ ....~ ~ Should school district boundaries in Woodbury be changed? Washington County Auditor-Treasurer Dick Staffor~ has formed a committee to consider issues affecting district boundaries in Woodbury, where the borders of the Stillwater, South Washington, and North St Paul-Oakdale-Maplewood districts come together, a circumstance which sometimes causes strange situations such as next door neighbors attending schools in different districts. The Ad Hoc Boundary Commission for Schools includes two representatives from the City of Woodbury and two School Board members from each of the three school districts involved. Joan Friant and Melva Radtke represent our district. The committee fIrst met October 9. The next scheduled meeting will be Monday, November 6, 7 p.m. at the Woodbury City Hall. The meeting is open to the public. Comments? Opinions? Reactions? FYI: Site selected for the new elementary school A 16-acre site in Stillwater Thwnship just east of the southeast comer of the intersection at County Roads 12 and 15 has been selected as the location for the new elementary school made possible by the passage of the bond issue last spring. After a nearly year-long search, the School Board made the decision at its October 12 meeting. Cost of the site is $20,000 per acre for 15 acres; the owner will add an additional acre at no cost with the proviso that an existing wooded area be left intact. When site development and sewer and water costs are added, total cost of this 16-acre site is $580,000. A 600 plus-home development is projected for the area surroun~ng the pote~tial sc~ool site,. with a four to six acre park to the immediate west. However, annexation by the CIty of Stillwater IS an issue because of sewer and water connections. Marginal [ommantS It's ~een s~ld... "In a perfect world there would be no higher social purpose than public education. Can anyone doubt it? The education of successive generations of children is inarguably the only purely essential form of social welfare the country has ever conceived. It is the presumptive leveler of the playing field of life: an equal start for every- one, nothing less than democ- racy itself. Public education is the true national debt-the one thing we owe irrevocably to the future. "And yet the world is not perfect. Public education- by virtue of being public-mirrors our i:r:perfections. P!!blic schools are microcosms of all our successes and all our fail- ures as a culture. " From the opening paragraphs of Mpls./SL Paul Magazine's article "Schools ThaJ Work." S chool Talk is published by School District 834 (Stillwater Area Schools),1875 S. Greeley Street, Stillwater, MN 55082 351-8340/TDD 351-8338 FAX 351-8380 Editor: Karen Lampi, 351-8400 School Board Lyman Geary, Chairperson Roland Buchman, Vice Chairperson Karen Rose, Clerk Shawn Draper, Treasurer Steve Zinnel, Director Melva Radtke, Director Joan Friant, Director Superintendent of Schools Dr. David l. Wettergren Future discussions? . Budget cuts. District 834, like most school districts, has been forced to cut .. spending to maintain a balanced budget. State funding for schools has not increased appreciably in five years while the cost of living and inflation have not stopped to . wait for school revenues to keep pace; per student revenue from the state has increased by less than two percent since 1991-92. The cuts now are affecting jobs and programs--choices are getting worse and decisions are getting tougher. Constant tension exists between the issues of raising class size and reducing programs and ser- vices. It appears the Board will be faced with the problem of cutting again for 1996-97. Any opinions as the Board starts discussions on the 1996-97 budget? e . The Minnesota Graduation Rule. It's coming, like it or not. This year's eighth graders-the Class of 2000-will have to pass certain standards to graduate from high school. Would you like to know more about the proposed graduation requirements? If you are already familiar with the new graduation rule, what do you think of it? . Vouchers. Gov. Carlson is advocating a system of vouchers which parents could use to help pay their children's tuition at private schools. It's his contention that this would offer more choice and would make the public schools better because of increased competition. How do you feel about it? Thanks ... A couple years ago a group of citizens and district staff members served on an ad hoc committee to determine how to improve the district's communications program. They wrote the following mission statement: "It is the mission of the District 834 communications department to maintain and encourage open lines of communica- tion between the community cuuJ its schools. .. The Key Communicator Network. is one of their recommendations. My thanks to the advisory committee members for giving of their time, sharing their insights, and being a "key" factor in starting a KC Network in District 834. My thanks, also, to Bill Dix, School Community Relations Coordinator for the Osseo Area Schools, who has written a Key Communicator newsletter for 11 years and made it an effective and valuable element of the Osseo district's communications program-and from whom I have shamelessly stolen many good ideas. K.I.. Don't {or~et to 'vvr/te Stillwater Area Schools Central Services Building 1875 S. Greeley Street Stillwater, MN 55082 Nonprofit Org. u.s. Postage PAID Pennit No. 192 Stillwater, Minnesota Mayor Jay Kimble City of Stillwater 216 N Fourth Street Stillwater WN 55082 e . , e METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisoIy and standing committees, and three regional commissions: Metropolitan Airports CnmmillSion, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Canmission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337 -5400. DATE: October 20, 1995 WEEK OF: October 23 - October 27, 1995 METROPOLITAN COUNCIL Tour of RedevelopmentlReinvestment Sites-St. Louis Park, Golden VaHey, and Downtown Minneapolis - Monday, Oct. 23, 8:30 a.m, departing from Nicollet Island Inn, 95 Merriam St. at Nicollet Island, Minneapolis. . Community Meeting for Redevelopment/Reinvestment Sites-St. Louis Park, Golden VaHey, and Downtown Minneapolis - Monday, Oct. 23, Noon, Nicollet Island Inn, St. Anthony Room, 95 Merriam Sl at Nicollet Island, Minneapolis Metropolitan Council and Land Management Information Center (LMIC) Geographic: System (GIS) Forum - "Metro-Wide GIS: A Means to Improve Your Organization's Effectiveness and Reduce Costs" - Monday, Oct. 23, I - 4:30 p.m, Maplewood Community Center, 2100 White Bear Ave., Maplewood. Regional Blueprint Blue Ribbon Task Force - Monday, Oct. 23,2 p.m, Room IA. The task force will consider: review and discussion of Handbook introduction, format and ideas for graphics design; discussion and action on revised growth management guidelines; and other business. Sewer Rates/Cost Allocation Task Force - Tuesday, Oct. 24, 7:30 a.m., Room 2A. The task force will consider: inflow/infiltration; sewer availability credits; cost allocation system; sewer availability charges (SAC); industrial strength; draft outline of task force report; time-line for Council process; and other business. Community Development Committee - Tuesday, Oct. 24, Noon, Room IA. The committee will consider: adoption of Section 8 program local preference policy; Scott County overall comprehensive plan update, transportation plan update and controlled access request for CSAH 18 and CR 18; and other business. Ie Environment Committee - Tuesday, Oct. 24, 3 p.m, Room IA. The committee will consider: approval of purchase order for sole source procurement by Humboldt Decanter, Inc. To repair thickening centrifuge at the Seneca Wastewater Treatment Plant; MissionlVision workshop, Part ill; report on the Governor's Blue Ribbon Task Force on funding Minnesota's water quality programs; report on the draft Empire Plant NPDES permit; capital budget follow-up; and other business. Metropo6tan Council and Land Management Information Center (LMIC) Geographic Information System (GIS) Forum: A Means to Improve Your Organization's Effectiveness and Reduce Costs"- Thursday, Oct. 26, 1 - 4:30 p.m., Eden Prairie City Hall, 8080 Mitchell Rd., Eden Prairie. ' Metropo6tan Council -Thursday, Oct. 26, 4 p.m., Chambers. The CQuncil will consider: Metropolitan _ travel de.fnand management strategy; city of Eden Prairie water supply and distribution plan; adjustment of . Apple Valley joint construction and conveyance agreement; construction contract change order greater than 5% or $50,000 for Seneca sludge-handling improvements; four-year Transportation Improvement Program; authorization to close 1988C solid waste bonds debt service fund; authorization to close 1987C general obligation transit bonds debt service fund; authorization for payment of iDsurance covcnge for Metropolitan Radio Board; solicitation package for ISTEA funds; authorization of agreement with Minnesota Valley Traosit Authority for operating linA1V!ial assistance; 1995 budget reinstatement; housing rehabilitation/redevelopment mAndated by legislature; Scott County overall comptehensive plan update, trausportation plan update and controlled access request for CSAH 18 and CR 18; Elm Creek cluster planning progress report; Maple Grove housing agreement; proposed transit fare inaease; and other business. Committee of the Whole - Thursday, Oct. 26, 5 p.m., immMietely following the Council meeting, Room lA The committee will consider an update on livable communities. TENTATIVE MEETINGS THE WEEK OF OCTOBER 30 THROUGH NOVEMBER 3, 1995 Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, Nov. 1,9 a.m., Chambers. Transportation Accessibility AdvisQry Committee - Wednesday, Nov. 1, 1 p.m., Room lA Ymance Committee - Thursday, Nov. 2, 4 p.m., Room 2A. Metropo6tan Radio Board - Friday, Nov. 3, 9 a.m., Metropolitan Mosquito Control District Offices, 2099 University Ave., Sl Paul. The Metropo1itaJi Council is located at Mears Park Centre, 230 E. Fifth Sl, Sl Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TOO 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN SPORTS FACILITIES COMMISSION Commission Meeting - Wednesday, Oct. 25, 9:30 a.m., Commission Conference Room. The commission will consider: change order for sound system replacement project; use of proceeds from Bloomington land sale; 1995 liability insurance renewals; RFPslmarketing consultant and agency; University of Minnesota proposal; Advisory Task Force on Professional Sports; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St, Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Judy Somers, 335-3310. e " ~ , e 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 MelropOlitan Sports Facilities Commissioo. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. DATE: October 27, 1995 WEEK OF: October 30 - November 3, 1995 METROPOLITAN COUNCIL Executive Committee - Monday, Oct. 30, 8 a.In., Nicollet Island Inn, 95 Merriam St., Minneapolis. Chair's Small Group Breakfast Meeting - Tuesday, Oct. 31,8 a.m., Sheraton-Midway, Bigelow's Restaurant, 1-94 at Hamline, St. Paul. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, Nov. 1, 9 a.In., Chambers. The committee will consider: state transportation plan; state implementation plan; Nomination Committee for the 1996 TAC chair; and other business. Transportation Accessibility Advisory Committee - Wednesday, Nov. 1, 1 p.m., Room lA. The committee will consider: transportation/disability legislative team; Metro Mobility n~show report; Metro Mobility operations report; alternate TAAC meeting day and time; and other business. e Finance Committee - Thursday, Nov. 2,4 p.m., Room 2A. The committee will consider: delegation of authority to the regional administrator with respect to real property; authorization for general counsel to take or initiate legal action to clear title to real property or real property interest owned by the Metropolitan Council; approval of amendment to Aging Program transition agreement; authorization for selection of retention limit for Workers' Compensation Reinsurance Association coverage for the year 1996; approval of security service contract for Metro Plant; setting a public hearing for the Metropolitan Council 1996 work program and budget; setting a public hearing for Metropolitan Council 1996-2000 capital improvement program and 1996 capital budget; approval of Metropolitan Council 1996 work program and budget for public hearing; approval of Metropolitan 1996-2000 capital improvement program and 1996 capital budget for public hearing. The next portion of the meeting will be closed to public pursuant to MN Statutes section 471.705, subdivision la (1992) for discussion oflabor negotiation issues. The meeting will be reopened to the public for approval of tentative agreement between the Metropolitan Council Transit Operations and the Amalgamated Transit Union, Loca11005. The next portion of the meeting will be closed to public pursuant to MN Statutes section 471.705, subdivision Id for discussion of litigation and settlement issues. The meeting will be reopened again to discuss the proposed settlement of workers' compensation claim of Grace Cooper. TENTATIVE MEETINGS THE WEEK OF NOVEMBER 6 THROUGH NOVEMBER 10, 1995 Transportation Committee - Monday, Nov. 6, 4 p.m., Chambers. Housing and Redevelopment Authority Committee - Wednesday, Nov. 8, 8:30 am., Room lA. , . ~ Public Meeting! As Part of the Housing and Redevelopment Authority Committee Meeting - Wednesday, Nov. 8, 8:30 a.m., Room lA. e Executive Committee - Thursday, Nov. 9, 8 am., Nicollet Island Inn, 95 Merriam St., Minneapolis. Transit Redesign Leadership Forum - focus group discussion for transportation groups and Council staff. (Space limited) - Thursday, Nov. 9, 8 - 11:30 am., Holiday Inn Metrodome, 1500 Washington Ave. S., Minneapolis. Land Transportation Committee - Thursday, Nov. 9, 1 :30 p.m., Room 2A. Metropolitan Council- Thursday, Nov. 9,4 p.m., Chambers. Committee of the Whole - Thursday, Nov. 9, 5 p.m. or immediately following the Council meeting, Room IA. Veterans DaylHoliday - Friday, Nov. 10. Council offices are closed. The Metropolitan Council is located at Mears Park Centre, 23~ E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TOD 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. e NA T10NAL CHllDREN'S B001{ WEE1{ October 24, 1995 " I Ai 0 ~~ t\ty ot+\('e'yS. ,. ear ..,i:Jla.., This year for the first time we are trying something new for National Children's Book Week - (November 13 - 19). On Wednesda~. November 15, and Thursdav, November 16, we will be reading the classic novel, To Kill a MockinQbird. by Harper Lee from cover to cover in the SJHS Ubraryl (gees anyeAG have 8 "nice" -choir already in the builoog that we could use+.}- We will videotape it for use in the building in the future and perhaps broadcast it during the day. We would love to have as much s.att participation as possible. I am also inviting students, all staff, administrators, and ~ommunity members to participate. We have a sign-up sheet in the library with times available on it. PLEASE call Ellie or I or stop by to sign up to . read in 15 to 20 minute segments. (The old World Theater in St. Paul was recently renamed the Fitzgerald, after F. Scott,and part of their re-opening ceremony was a nonstop reading of The Great Gatsby.) . This is something new and I would like your participation to make it a success and would welcome ideas as well. . T~~LA ~K~ 35/- b~;{P Thanks, 0' 0 Laurie Skelly _ ~.' a~_ . .'~.-,:,~~ ~': r -1: z.':. ...;r... . -11).:-:-',"- -: ~. ....-. :~.o:-_.,_<. -_~_ ~ . ,".+: (;;!. '0. 'Ii;;.", ~_ " '.'.. ,-' . . . 11/04/95 20:46 FAX 6124394705 STILLWATER TWP III 001 " Stillwater Township November 9, 1995 Chair: - Francis i' ~ 7:30 p.m. Regular Meeting Aaenda: adopt Minutes: approve minutes - October 26 and 30, 1995 Treasurer: 1. Report 2. Checks/Claims ;;;t 10< '"' Attornev: 1. Brown's Creek Amendments Planner: 1. Jane Harper - County Comprehensive Plane 2. Hunter's Ridge 3. Stonebridge Trail Study 4. Scope of Service/Evenson Dodge Enaineer: Public Works: 1. Wisniewski ideas re: acquisition of right of way. 2. Drug Testing 3. S. Standfield Status 4. Letter re: Raleigh Mine Inspection Clerk: 1. Miscellaneous Committees: 1. Terms finishing for Planning and Park Committee members. 2. Rec. re: Zoning Ordinance Amendment POODle - 8:30 PM.: 1. Mr. Butler, HRA 2. Mr. Bradshaw re: new business location Highways 5/36 Old Business: 1. Recycling Contract Bids New Business: 1. Fee charges at Shelter, 2.5% raise Note: Jerry Hicks will not be present . David Johnson may not be present either. 11/4/95 Pat Bantli l ~. . . i. METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regio~ commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. DATE: November 3, 1995 WEEK OF: November 6 - November 10, 1995 METROPOLITAN COUNCIL Executive Committee - Thursday, Nov. 9, 7:30 a.m., Holiday Inn Metrodome, Grill Room, Minneapolis. Transit Redesign Leadership Forum - focus group discussion for transportation groups and Council staff. (Space limited) - Thursday, Nov. 9, 8 - 11:30 am., Holiday Inn Metrodome, 1500 Washington Ave. S., Minneapolis. Metropolitan Council- Thursday, Nov. 9,4 p.m., Chambers. The Council will consider: adoption of Section 8 program local preference policy; approval of Environmental Services Division mission and expected results; in re workers' compensation claims of Grace Cooper; approval of amendment to Aging Program transition agreement; authorization for selection of retention limit for Workers' Compensation Reinsurance Association coverage for the year 1996; setting a public hearing for the Metropolitan Council 1996 work program and budget; setting a public hearing for the Metropolitan Council 1996-2000 Capital Improvement Program and 1996 Capital Budget; approval of Metropolitan Council 1996 work program and budget for public hearing; authorization for the regional administrator to enter into a contract with Coleman Consulting Group, Inc.; approval of security service contract for Metro plant; review of Council committee calendars for November and December; and other business. Committee of the Whole - Thursday, Nov. 9,5 p.m or immediately following the Council meeting, Room 1A. The committee will consider the 1996-2000 Capital Improvement Program and the 1996 Capital Budget. \ Veterans DaylHoliday - Friday, Nov. 10. Council offices are closed. TENTATIVE MEETINGS THE WEEK OF NOVEMBER 13 THROUGH NOVEMBER 17,1995 Community Development Committee - Monday, Nov. 13, noon, Room 1A. Special MeetingfI'ransportation Committee - Monday, Nov. 13,4 p.m, Chambers. Sewer Rates/Cost Allocation Task Force - Tuesday, Nov. 14, 7:30 a.m, Chambers. Environment Committee - Tuesday, Nov. 14,4 p.m., Chambers. Transportation Advisory Board - Wednesday, Nov. 15,2 p.m., Chambers. Providers Advisory Committee - Thursday, Nov. 16, 10:30 am, Room lA. Joint Meeting-Land Transportation Committee and Funding and Programming Committee - Thursday, Nov. 16,2:30 p.m., Room lA. Special Meeting/Metropolitan Council- Thursday, Nov. 16,4 p.m., Chambers. Special Meeting: Metropolitan Council (on Development Scenarios) - Thursday, Nov. 16,5 p.m., Room 2A. Committeeo~f the Whole - Thursday, Nov. 16, immediatcly following the Council meeting, Room lA. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to cbarige. For more information or confirmation of meetings, call 291-6447 , (TOD 291-0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN AIRPORTS COMMISSION Planning and Environment Committee - Wednesday, Nov. 8,9 a.m., Room 301, West Me77J1nine, Lindbergh Terminal, Wold-Chamberlain Field The committee will consider: November ADNE levels; final contract payments for 1994 airfield signage at Flying Cloud and Anoka CountyIB1aine airports, 1994 pavement rehabilitation at Anoka Co.IBlaine airport, and 1994-95 Part 150 sound insulation program; COt~mlCt bids received for Lindbergh Terminal elevator installation/modifications, FIS development - she:iJelevators and esca1ators-mechanica1-electrica1, Part 150 sound insulation program October bid cycle; ratifications of acceptance of grant offers for dual track planning EIS, and Runway 4/22 extension; review of upcoming construction project bids; 1996 Part 150 funding level; Crystal Airport obstruction committee report; continuing consultant interviews for East reliever airports engineering consultant; and other busi1'ess. Management and Operations Committee - Wednesday, Nov. 8, 1 p.m., Room 301, West Me77J1ninP., Lindbergh Terminal, Wold-Chamberlain Field The committee will consider: third quarter budget variance; approval for purchase of 40 foot transit bus from Metropolitan Council Transit Operations; and other business. The committee will discuss: personnel policy guide revisions; airport security funding request; new airline agreement; and Heads Up. St. Paul Corporate Fueling Task Force - Wednesday, Nov. 8,2 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold-Chamberlain Field The task force will consider the St. Paul Downtown Airport fueling policy. 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 - Monday, Nov. 6,4 p.m., Room lA. The committee will continue discussion on the Regional Trails Policy Plan and consider 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 maybe changed. To verify meeting information, please call 291-6363. e . i I .! . . . METROPOIJTANSPORTSFACILnaESCO~SION Advisory Task Force on Professional Sports in Minnesota - Monday, Nov. 6, 2 p.m., St. Paul Hotel, Grand Ballroom, 350 Market St., St. Paul. The task force will consider the Metropolitan Sports Facilities Commission's presentation, and other business. . ConcessionslMarketing Committee - Tuesday, Nov. 7,1:30 p.m., Commission Conference Room. The committee will consider: naming ~ghts; uniforms; 1996 renovations; exterior banners; plaza; fan development; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Judy Somers, 335-3310. .. A e e . @ METRO DIGEST @ A digest of the activities of the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission and Metropolitan Sports Facilities Commission for the month of October. Call the appropriate commission or operations area with any questions. November 3, 1995 Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul, MN, 55 I 0 1. For more information about Council items, ca1l291-6359 (IDD: 291-0904). Call the Metro Information Line at 229-3780 for recorded information about Council activities. For information via computer, you may dial (by modem) 337-5400, the Twin Cities Computer Network (TCCN)~ customer service is 332-2101. ~ Metropolitan Council Council activities in October: Council approves agreement with Maple Grove for more affordable housing The Council approved an affordable housing agreement with Maple Grove, calling for more rental and low- to moderate-income ownership opportunities. It's one of the first agreements under the Livable Communities Act of 1995. "The agreement represents aggressive goals for affordable housing in Maple Grove over the next 15 years," said Council Chair Curt Johnson. "They are goals we think are optimistic, yet attainable. Given market realities, we recognize it will take ingenuity on the part of city officials and developers to make it happen." Provisions in the housing agreement establish a goal of between 630 and 756 more rental units of affordable housing in Maple Grove by the year 2010. Currently, four percent of Maple Grove's rental housing is considered affordable. Under the agreement, the city will work to make 35 percent of its new rental units affordable to households earning up to $25,500 a year in 1995 dollars. In addition, some of these units should be affordable to households making $15,300 or less (30 percent of the region's median income). The city will also push to have 3,796 to 4,471 additional affordable homes built during the same period of time. These homes will be valued at $115,000 or less, affordable to families earning $41,000 a year. For families earning less than $41,000, some mechanisms are available through financing organizations to make home ownership a reality. For example, the Minnesota Housing Finance Agency (MHF A) just awarded $750,000 in first-time-buyer funds to Maple Grove. Growing employment opportunities in developing communities like Maple Grove, are spurring demand for a variety of housing types; the Metropolitan Council forecasts an additional 11,250 jobs in Maple Grove by the year 2010. Many of those jobs, however, will pay comparatively low wages. People employed in those jobs who want to live in Maple Grove will need more affordable housing options in the community. In addition, communities throughout the region, including Maple Grove, are finding there is a need for more housing that's affordable to young families and retirees who already live, and want to stay, in their community. As part of the Livable Communities program, Council staff is meeting with city officials to discuss affordable housing agreements that fit each community's housing situation. Communities must decide by Nov. 15 whether to participate in the voluntary program. Participating communities are eligible for incentives in the form of loans and grants for: · affordable and life-cycle housing . clean up of polluted lands for business development and jobs, @ METRO DIGEST @ water pollution. . Approved a land-use change for 14.5 acres in Fridley from industrial to commercial; site had been proposed for a railroad yard . Approved roadway and other changes for the intersection at Yaokee Doodle Road and Pilot Knob Road in Eagan. . Approved changes, including a freeway bridge crossing over 1-35E at Duckwood Drive in Eagan. . Approved the 1995-96 allowances-for-utilities for persons receiving Section 8 housing assistance. . Approved withdrawal ofRahr Malting Co. from the metropolitan waste water disposal system; the action will temporarily raise rates for other users, but also will increase capacity for other users. . Approved the holding of a public hearing on two revisions to the Regional Recreation Open Space capital improvement program: · add $2.1 million to the Great River Road development project by reducing other projects · finance certain projects with Council bonds. The hearing is scheduled for Monday, November 27 at noon as part of the Community Development Committee meeting. . The Council approved the Elm Creek cluster- planning progress report, with recommendations to focus on the design and construction issues associated with the first eight miles of the Elm Creek sewer interceptor. . Accepted the findings of a housing redevelopment and rehabilitation study that recommended: · establishing a task force to develop cost guidelines for investment in rehabilitation projects · streamlining building requirements for rehabilitation projects · developing a one-stop-review process for project financing · encouraging cities to take advantage of the Livable Communities Act · encouraging cities to foster competition for proposals, desigti and construction; . Approved the Scott County comprehensive plan update and the connection to County Highway 18 . . · development that is creative, transit-oriented and less-sprawled. Communities choosing not to participate in the housing program may not receive funds established in the legislation, nor may they receive state grants to clean up polluted sites. lilt's a solid program that has the support of the legislature as well as communities," said Johnson. lilt may not solve every problem, but it's on the right track. " Agreement is Important Step Toward More Efficient Transit System Council officials say everyone comes out ahead as a result of the contract agreement ratified by transit workers. While workers will receive a three percent pay increase, Council officials say they achieved the flexibility they need to run a more efficient bus system. Regional Administrator Jim Solem says work will begin immediately to develop ways to restructure the work force and adjust driver schedules to match them more closely with peak service hours in the morning and afternoon, and eliminate unproductive non~ving time. (Note to readers: The Metro Digest sorts Council actions into four areas, reflecting the four Council standing committees: Community Development, Transportation, Environment and Finance. It should also be noted that full Council actions are reported here, not Committee actions.) In other actions, the Council. . . Community Develooment . Approved the transfer of $ 130,000 from an acquisition grant to a development grant for the Burlington Northern Regional Trail. . Approved a land-use change for 7.6 acres in West Sl Paul from industrial to townhouse for the development of 54 housing units. In granting approval, the Council also informed West Sl Paul that it must develop a plan to reduce oonpoint . .1 . . . ~ @ METRO DIGEST @ Transportation . Maintained its current exemption from property taxes and fees on Council property. The action follows a notice of a special assessment of 522,412 on Transit Operations. Shingle Creek bus garage in Brooklyn Center. . Postponed. approval of an increase in fares for Transit Operations regular-route bus service until January, 1996. If approved then, implementation of the increase would not occur until May 1, 1996. . Endorsed recommendations in the report, "Setting forth a Metropolitan-Transportation Demand-Management(TDM) strategy". Recommendations are: . develop a more focused TDM program . improve coordination of activities among stakeholders . reorganize the Council's internal resources . evaluate existing activities. The report noted that vehicle occupancy rates are dropping, the number of car pools has declined and employers are less eager to be involved in TDM efforts . Approved a solicitation package for federal ISTEA transportation funds. . Authorized an agreement with the Minnesota Valley Transit Authority to provide funds for an indefinite term instead of the current arrangement of annual or semi-annual agreements. . Approved the development of transportation- improvement-programs (TIP) for periods of four years to provide sufficient time for preparation and evaluation of projects using federal funds. Environment . Approved a water supply plan for Lakeland with the recommendation that Lakeland write the plan in a single document to provide ready access in the event of an emergency; the water system also serves Lakeland Shores and Lake St. Croix Beach. . . Approved a water supply plan for Oakdale with the recommendation that Oakdale focus on conservation of water use. The city obtains all of its water from wells to the Prairie du Chien-Jordan aquifer; the water system also serves Landfall. . Approved granting 5100,000 in funds from the Twin Cities Water Quality Initiative project to the University of Minnesota to study the effects of water runoff. . Approved a water supply-and-distribution plan for Eden Prairie. . Authorized increasing the purchase price for a sewer interceptor from Apple Valley to 5671,350. . Approved an increase of 516,000 in the contract with New Mech, Inc. for sludge-handling at the Seneca treatment plant. Finance . Authorized settlement of a claim by Donna Campbell against Transit Operations. . Agreed that Minneapolis would have no tax requirement for the Metrodome for 1996; the hotel liquor sales tax is a backup for debt service and other expenses of the Metrodome. . Awarded bids on general obligation bonds for parks and transit . . Awarded bids on general obligation bonds to refund previously issued sewer bonds. . Adopted a statement that the "Council will provide, in a competitive manner, only services which are aligned and appropriately sized with the mission of the organization." The language was adopted as the result of a study on public and private partnerships. . Approved a 1995 budget restatement, recognizing additional state aid for transit of 53.7 million. . Authorized insurance coverage at a cost of 55,310 for the Metropolitan Radio Board. . Authorized transfer of $46,145 from the 1988C solid-waste bonds debt-service fund to the 1990B solid-waste bonds debt-service fund. . Authorized transfer of 5125,770 from the 1987C general obligation transit bonds debt- service fund to the 1988B general obligation certificates-of-indebtedness debt-service fund. The Council also: . Ratified a declaration-of-emergency and approved an additional 5180,000 to Barbarossa and Sons, Inc. for removal oflandfill debris at a sewer construction site at the Port Crosby landfill in South St. Paul. @ METRO DIGEST @ Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101, or call 291-8140. There is a charge for some publications. . . Approved changes to Council bylaws authorizing the Audit Committee to recommend audit policies for the Council. . Appointed Andre' Menard of Hastings to the Met;-.) HRA Advisory Committee. . Appointed to the Transportation Advisory Board: John Johnson of Brooklyn Park, Fred Corrigan of-Prior Lake, Steven E1kins of Bloomington, Zainool Rahman of Minneapolis, Elliott Perovich of Anoka, George Miser of White Bear Lake, Howard Guthmann of St. Paul, Jim Newland of Fridley, Patrick Haney of St. Lawrence township and Daniel Murray of Hopkins. Public Meetings, Hearings and Board Openings: Public Meeting on Section 8 policy: Public meeting will be held as part of the regular meeting of the Housing and Redevelopment Authority (HRA) Committee on Wednesday, November 8 at 8:30 a.m. in Room lA. Public Hearing on revisions to the Regional Recreation Open Space capital improvements program: Hearing will be held November 27, at Noon as part of the Community Development Committee meeting. Public Hearing on Truth in Taxation: Hearing will be held Monday, December 4, at 6 p.m. in the !';ouncil Chambers. . Public Meeting on the draft Congestion Management System: Meeting will be held December 6, at 9 am. in the Council Chambers. Board Opening on BRA Advisory Committee: Precinct G (Council districts 13 & 14: St. Paul, Lauderdale and Falcon Heights). Application by November 17. New Publications Council publications are available from the Data Center, including the Regional Blueprint and Council newsletter, Council Directions. For a free and complete list of publications, write the Council publications can be read at major public libraries in the Metro Area. Recent publications are listed on the Metro Info Line at 229-3780. A list of publications is available via a computer modem at 337-5400 on the Twin Cities Computer Network (TCeN). Council Directions provides information on regional issues and Council programs. If you wish to receive a copy of Council Directions, call Carol Berens at 291-6447. A reminder: News about new publications, Council actions, coming meetings and subsidized housing referrals is available by dialing the Metro Info Line at 229-3780. . Similar information and an interactive forum on regional issues are available on TCCN. You can get access to TCCN through your computer modem by dialing 337-5400. TCCN customer service is 332-2101. . Metropolitan Commission Activities . Metropolitan Airports Commission (MAC) The Commission: . Deferred adoption of the Crystal Airportrcomprehensive plan until obstruction concerns at the aiIport have been reviewed; an Obstruction Committee has been appointed. Apparent obstructions are trees in line with the airport's flight path. . Received a resolution from Eagan commending the Part 150 sound-insulation program at MSP; the resolution encourages funding for insulation of more properties under the aiIport's flight path. . Approved Frontier Airlines request for new service from Minneapolis-St. Paul (MSP) Airport to Denver~ subject to documentation. . . . . @ METRO DIGEST @ Metropolitan Airports Commission offices are located at 6040 28th Av. S.. Minneapolis, MN. 55450. For more information, call Lynn Sorensen at 726-8186. Metropolitan Sports Facilities Commission (MSFq The Commission: . Approved requests-for-proposals for a marketing agency and a marketing consultant . Approved $25,700 to fund shuttle-bus service and host pre-game receptions for the Minnesota Gophers football games. . Approved an additional $55.857 for replacing the sound system at the Metrodome. . Confirmed the Commission's presentation to the Advisory Task Force on Professional Sports for 2. p.m.. Monday. Nov. 6 at the St Paul Hotel grand ballroom. Metropolitan Sports Facilities Commission offices are located at 900 South 5th St. Minneapolis. MN 55415~ For more information, call Judy Somers at 335-3310. Metropolitan Parks and Open Space Commission (MPOSC) The Commission: . Began consideration of an amendment to the . Regional Trails policy plan. The amendment responds to Council's Regional Blueprint. Elements of the plan are: . relationship between a trail and natural resources . trail uses: hiking. biking. nature-interpretation and cross-country skiing; horseback riding and snowmobiling where appropirate . land supply and acquisition effort usually found at regional level . criteria for trail location: part of trail goes through urban areas. trail traverses high quality natural resources. provides access to regional parks or link to another trail. The Parks and Open Space Commission offices are located at Mears Park Centre. 230 E. Fifth St. St. Paul. 55101. For more information, call 291- 6363.