HomeMy WebLinkAbout1994-04-26 CC Packet Special Meeting
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THE BIRTHPLACE OF MINNESOTA J
April 21, 1994
MEMORANDUM
TO:
MAYOR AND COUNCIL
FROM:
MORLI WELDON, CITY CLERK
RE:
SPECIAL COUNCIL MEETING
Tuesday, April 26, 1994
4:30 p.m.
This memo is a reminder to Council that a Special Meeting has been scheduled for Tuesday,
April 26, 1994, at 4:30 p.m., in the Stillwater City Hall Council Chambers, 216 North Fourth
Street, Stillwater, MN, to discuss the following:
1. Continuation of discussion on downtown hotel development.
2. Any other business Council may wish to discuss.
3. Possible adjournment to Executive Session to discuss Labor Relations.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
MEMORANDUM
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TO: Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: April 22, 1994
RE: REQUEST FOR PROPOSAL FOR OUTLINE OF DOWNTOWN STILLWATER
HOTEL PROJECT
The attached outline describes the general subject areas of a hotel request for proposals. The
information describes the site available for development and city regulations and requirements
for development of the site.
The RFP requires the developer to identify his development team) method of financing and
source of funds..
A project description is then requested detailing the number of guest rooms, meeting facilities,
restaurants and parking.
e The expected schedule for project review and construction in terms provided.
Information on the terms of the site purchase and date of closing is then requested.
City of Stillwater conditions of sale and the city proposal review process is then described.
It is estimated that the RFP process will take 4-6 weeks to complete. The city council would
review the requests and have an opportunity to discuss and review the proposal with the
developers.
Based on the interest shown at the April 19th council meeting, if the council decides on the RFP
process there will be several proposals to review and select from.
The Hubbs offer provides some of the information that would be required through the RFP
process but would need to be augmented with more information regarding financing and sources
of funds, scheduling and project description for meeting facilities and restaurant.
Recommendations:
If the city council feels the RFP process is appropriate, direct staff to prepare a RFP and advertise
for bid. (It is anticipated that the bid period would end May 31, 1994, with project selection by
e the second regular council meeting in June.
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REQUEST FOR PROPOSALS FOR
DOWNTOWN STILLWATER HOTEL PROJECT
1.
Description of Available Property, Land and Buildings (map).
2. City Regulations, Development Requirements and Review Schedules.
3. Identification, Qualifications and Experience of Development Team.
a. Developer
b. Architect
c. Operator
d. Financing
e. Management Agency
4. Method of Financing and Source of Funds.
a. Financing plan
b. Developer participation ownership (equity)
c. Other known or anticipated sources, institutional, partnerships, etc.
d. Anticipated city assistance.
5.
Project Description.
a. Preliminary design concept.
b. Rooms, number, size, type, projected average daily rate and average occupancy.
c. Meeting facilities, maximum capacity, number of break out and large group
rooms.
d. Eating facilities, size (square feet), seating (number), liquor license required.
e. Parking facilities, number of spaces, proposed area and location.
f. Marketing plan.
6. Construction Schedule.
a. Plan development and review.
b. Final financing arrangements.
c. Construction Budget
d. Construction permit submittal.
e. Begin construction.
f. Estimated completion and occupancy.
7. Property Purchase.
a. Purchase price and method of purchase.
b. Estimated closing date.
8.
Conditions of Sale.
a. Hotel project.
b. Preservation of Lumberman's Exchange Building.
c. Minimum improvement value.
9. Proposal Review Process.
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MEMORANDUM
TO:
Mayor and City Council
FROM:
City Coordinator
RE:
Agreements Related to Settlement with CUB on Lumberman's
Exchange / Hooley Property
DATE:
April 25, 1994
Accompanying this memo are:
1) Agreement between the City of Stillwater and Supervalu, Inc. for
the purchase of the Lumberman's Exchange/Hooley buildings lease
from Supervalu if the City elects to purchase the lease; and
2) Agreement between the City of Stillwater and St. Croix Preservation
Company (HUB'B5Group) for the sale of the aforementioned site if
the City elects to sell the site directly to St. Croix Preservation
Company without seeking RFP's.
In regards to the purchase agreement to obtain the buildings, City staff has
written into the agreements certain conditions that would satisfy Supervalu (i. e. ,
3.1C, 3.2, and 3.4) as well as the conditions/requirements favorable to the City.
The agreement would require the City to:
1) Use "pay as you" TIF assistance not to exceed $108,000 to
reimburse Supervalu, Inc., for eligible expenses on the CUB
Corporate headquarters development (Third and Pine Streets);
2) Pay a "rent credit" of $112,500; and
3) Pay $100,000 to obtain all rights to the property.
4) City would also assume all assessments apportioned to the site (this
amounts to approximately $87,0(0) but requires Supervalu to pay all
general real estate taxes that were due and payable in 1991, 1992,
1993, and through May 1, 1994.
In regards to the agreement between the City of Stillwater and St. Croix
Preservation Company, the agreement is the same as proposed by St. Croix
Preservation Company, except for some minor modifications and except that the
agreement has also been revised by adding some of the same conditions or
requirements that Steve Russell suggested using if RFP's were sought. Staff
can discuss the agreements with you further at the Tuesday afternoon meeting.
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AGREEMENT
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This Agreement, dated _____ April,
stillwater, Washington County, Minnesota,
Delaware corporation, ("SUPERVALU").
1994, is by and among the City of
(the "City"), and SUPERVALU, INC., a
WITNESSETH, in consideration of the mutual promises set forth in this
document, the parties recite and agree as follows:
ARTICLE I
section 1. Backqround; Findinqs; Definition
1.01 The City and SUPERVALU have been bound as landlord and tenant since
June 27, 1991, when the City, in furtherance of a Redevelopment Plan, purchased
the landlord's interest in a lease agreement dated September I, 1973, Number
211,866, between the City's successor in interest and SUPERVALU as tenant (the
"Lease"), a property SUPERVALU has used for, among other things, a corporate
headquarters for Cub Foods, Inc., a wholly owned subsidiary of SUPERVALU ("Cub
Foods").
~ 1.02 The City and SUPERVALU have also been bound as City and Redeveloper
since June 30, 1993, when the City and SUPERVALU signed a contract for private
redevelopment, ("Development Agreement"), providing for tax increment aid and
other public assistance needed by SUPERVALU to make feasible the substantial
renovation of a vacant school building into a new, modern corporate headquarters
for Cub Foods.
1.03 The renovation and reconstruction of the new Cub Food Headquarters
is now complete and is fully occupied, however, the buildings subject to the
Lease are now vacant and are likely to remain vacant, to the detriment of the
City and SUPERVALU, unless the public assistance described in this Agreement is
provided.
1.04 A controversy has arisen between the City and SUPERVALU over rights
of each party in the Lease and the parties are desirous of settling the
controversy completely and in all respects.
1.05 Definitions. The terms defined in this section have the meanings
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given them.
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1.06 Exhibits
a) Exhibit A:
b) Exhibit B:
c) Exhibit C:
the Lease
the Development Agreement
Limited Warranty Deed
ARTICLE II
REPRESENTATIONS AND UNDERTAKINGS
2.1 By the city
a) The City is authorized by law and its Charter to enter into this
Agreement and to carry out its obligations herein.
b) The activities of the City contemplated by this Agreement are undertaken
for the purpose of stimulating economic development and employment opportunities
in the city.
2.3 Bv SUPERVALU. SUPERVALU makes the following representations as a
basis for its undertakings under this Agreement.
a) SUPERVALU has the legal authority and has been authorized by appropriate
action of its Board of Directors to enter into this Agreement and to carry out
its obligations herein.
b) Neither the execution and delivery of this Agreement, the consummation
of the transactions contemplated hereby, nor the fulfillment of or compliance
with the terms and conditions of this Agreement is prevented, limited by or
conflicts with or results in a breach of, the terms, conditions or provisions of
any corporate restriction or any evidences of indebtedness, agreement or
instrument of whatever nature to which SUPERVALU is now a party or by the
SUPERVALU is bound.
ARTICLE III
THE SETTLEMENT
3.1 Return of Excess Rent
a) Beginning on July 1, 1991, SUPERVALU has paid rent in addition to its
other obligations as tenant under the Lease, at the rate of $70,000.00 per year,
even though the actual rent stated in the Lease, including percentage rent is
$25,000.00 per year, based upon the expectation that SUPERVALU could negotiate
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a long term lease with the City that would allow SUPERVALU to amortize over the
4It life of a new long term lease, the value of improvements actually constructed on
the site by SUPERVALU, or its predecessor, and having a useful life beyond the
Lease expiration date of August 1, 1998.
This additional rent has been paid
through December 31, 1993.
b) The City now desires to cancel the existing Lease and to sell the
property described in the lease to a developer other than SUPERVALU, with the
expectation by the City that the improvements constructed on the leased premises
by SUPERVALU must be demolished at least in part, in order that a hotel be
constructed on the site.
c) The difference between the excess rent, $70,000.00, and actual rent of
$25,000.00 is $112,500.00 and will be repaid to SUPERVALU by the City.
d) The payment shall be due upon the sale of the leased premises to a third
party.
3.2 Tax Increment Assistance. The parties agree to amend the Development
Agreement by adding the following amendment:
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"4.5 Tax Increment Payments - The City agrees to pay to
Redeveloper over the remaining life of Tax Increment Financing
District No. 6 a sum not to exceed $108,000.00, payable solely and
to the extent the City shall have received available Tax Increment,
as reimbursement for eligible expenses incurred by the Redeveloper
during the construction of the Minimum Improvements.
and
1.1.37 "Available Tax Increment" means that part any Tax
Increment received by the City in any year that exceeds 105% of the
amount needed to make any yearly scheduled payments on the bonds.
and
1.1.38 "Eliaible Expenses" means costs incurred by the
Redeveloper that are legally permissible and qualifying costs that
are eligible for reimbursement by the City pursuant to the Minnesota
Tax Increment Act."
3.3 The parties agree to execute and deliver such certificates and
instruments as are necessary to modify the Development Agreement and to properly
record the amendments.
3.4 Purchase of Buildinas. The City agrees to pay to SUPERVALU the sum
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of $100,000.00 as full and complete satisfaction of the obligation of the City
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contained in the Lease to pay to the tenant, if the premises is required by the
landlord prior to the expiration of the Lease, a sum equal to the fair market
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value of the buildings owned by the tenant that cannot be removed from the site
without damage.
3.4.1 Conveyance by SUPERVALU. Upon payment of the purchase price set
forth in S3.4, SUPERVALU agrees to convey to the City by limited warranty deed
in the form attached as Exhibit "C", containing the legal description of the
leased property.
3.4.2 Time of Conveyance. Conveyance of the property, (the "Closing")
shall occur on the earlier of:
(i) The sale of the leased premises to a third party;
(ii) Upon the determination by the City that that payment is an allowable
expenditure under the Minnesota Tax Increment Act, is authorized by
the Development Program for Development District No. 1 and the Plan
for Tax Increment Financing District No.1;
(iii) On such other date as the City and SUPERVALU agree in writing.
3.4.3 Deductions from Purchase Price. The parties agree that the stated
purchase price shall be reduced by any General Real Estate Taxes plus penalty and
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interest remaining unpaid that are due and payable in 1991, 1992, 1993 and
through May 1, 1994. No installments of special assessments payable with the
General Taxes in any of these years and remaining unpaid shall be deducted nor
shall any remaining unpaid special Assessments due during the remainder of 1994
and future years, which assessments shall remain the obligation of the City.
3.4.4 Assurance by SUPERVALU. It shall be the obligation of SUPERVALU to
pay, except for rent, all other obligations, including operating expenses,
utilities and other charges due as tenant's lease obligations through May 1,
1994, and to satisfy, prior to the closing date, any other obligation, claim,
lien, encumbrance or security interest that have attached to the leased premises
during their tenancy.
3.4.5 Indemnity. SUPERVALU agrees to hold the City harmless from any and
all claims and actions incurred after the Closing Date (and to pay the reasonable
costs related and due) related to onsite investigation and or cleanup of
hazardous wastes regulated under Environmental Law that are present at the lease
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property not otherwise due to the acts or omissions of the City; provided,
e however, this indemnity does not cover any toxic tort claims or other third party
claims related to the presence of hazardous wastes at leased property or alleged
migration of wastes or emissions offsite (other than governmental claims for
onsite investigation and or cleanup as provided above) arising out of acts or
omissions occurring prior to the Closing Date. Further, this indemnity does not
cover claims related to treatment or disposal of wastes at off site locations
arising out of pre-closing acts or omissions.
ARTICLE IV
Miscellaneous
4.1 Conflict of Interests; Representatives Not Individuallv Liable. A
city officer who is authorized to take part in any manner in making this
Agreement in his or her official capacity may not voluntarily have a personal
financial interest in this Agreement or benefit financially therefrom. A member,
official, or employee of the City will not be personally liable to SUPERVALU, or
any successor in interest, in the event of "any default or breach by the City or
e for any amount which may become due to SUPERVALU or on any obligations under the
terms of this Agreement.
4.2 Non-Discrimination. The provisions of Minnesota Statutes, section
181.59, which relate to civil rights and non-discrimination, and any affirmative
action program of the City are a part of this Agreement and binding on SUPERVALU
as though fully set forth herein.
4.3 Amendment. This Agreement may be amended by the parties only by
written instrument executed in accordance with the same procedures and formality
followed for the execution of this Agreement.
4.4 Counterparts. This Agreement may be executed in any number of
counterparts, each of which constitute one and the same instrument.
4.5 Governinq Law. This Agreement is governed by the Laws of the State
of Minnesota.
4.6 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any
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party to any other party will be sufficiently given or delivered if it is sent
by certified or registered mail, postage prepaid, return receipt requested or
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delivered personally or sent by telecopier or telex:
a} As to the City:
Nile Kriesel
City Coordinator
City of stillwater
216 N. 4th street
Stillwater, MN 55082
b} As to SUPERVALU
SUPERVALU, INC.
P.O. Box 990
Minneapolis, MN 55440
IN WITNESS WHEREOF, the city has caused this Agreement to be duly executed
in their names and behalfs and the seals to be hereunto duly affixed, and
SUPERVALU has caused this Agreement to be duly executed as of this _____ day of
April, 1994.
THE CITY OF STILLWATER, MINNESOTA
By
Its Mayor
By
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Its city Clerk
SUPERVALU, INC.,
A Delaware Corporation
By
STATE OF MINNESOTA }
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COUNTY OF WASHINGTON}
The foregoing instrument was acknowledged before me this _____ day of
April, 1994, by and , the Mayor and City
Clerk of the City of stillwater, Minnesota, a Minnesota Municipal Corporation.
Notary Public
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STATE OF MINNESOTA )
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COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this day of
April, 1994, by , the of SUPERVALU,
INC., a Delaware Corporation, on behalf of the Corporation.
Notary Public
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
stillwater, MN 55082
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SALE AND PURCHASE OF PROPERTY
THIS AGREEMENT, made and entered into this day of March, 1994, by and
between the CITY OF STILLWATER with an addressor 216 North Fourth Street,
stillwater, Minnesota 55082 (hereinafter referred to as "Seller"), and ST. CROIX
PRESERVATION COMPANY, a Minnesota general partnership consisting of Charles R.
Dougherty, John F. Berglund, and Duane Hubbs, with an address of 306 West Olive
Street, stillwater, Minnesota 55082 (hereinafter referred to as "Buyer").
R E C I TAL S
WHEREAS, Buyer desires to purchase and accept from Seller, and Seller
desires to sell and convey to Buyer, certain real property, together with all
improvements located thereon which are owned by Seller, situated in the City of
stillwater, county of Washington, State of Minnesota, all on the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the terms, covenants, warranties, and
conditions hereinafter set forth, the parties hereto, intending to be legally
bound hereby, mutually agree as follows:
1. Sale and Purchase of Property. Subject to the terms and conditions of
this Agreement, Seller shall sell, transfer and assign and deliver to Buyer on
the Closing Date, as such date is hereinafter defined, and Buyer agrees to
purchase and accept from Seller on the Closing Date, certain real property
commonly known as 405 East Myrtle Street and 127 South Water Street, stillwater,
Minnesota, and all improvements, rights, interests, and appurtenance therein or
thereto pertaining, legally described as set forth on Exhibit "A" attached hereto
(hereinafter referred to as the "Real Prop~rty").
2. Personal Property and Fixtures Included in the Sale.
personal property or fixtures are included in this sale.
No items of
3. Price and Terms. In consideration of the Seller's agreement to sell
the Real property, Buyer agrees to pay to Seller as the full purchase price (the
"Purchase Price") for the Real Property and Personal Property the sum of Six
Hundred Thirty-Five Thousand and 00/100 Dollars ($635,000.00) payable as follows:
A. Earnest money of Three Hundred and 00/100 Dollars ($3,000.00) by
check, receipt of which is hereby acknowledged.
B. Six Hundred Thirty-Two Thousand and 00/100 Dollars ($632,000.00)
cash or collected funds on the Closing Date.
4. Possession. Buyer shall take possession of the Real Property on the
Closing Date.
5. Closinq. The closing for the transaction (the "Closing Date")
contemplated by this Agreement shall be held not later than one hundred twenty
(120) days after execution of this agreement and satisfaction of all
contingencies of both Buyer and Seller as set forth in paragraphs 9 and 10 of
this Agreement by in no event any later than october 1, 1994, unless extended by
written agreement of the parties. The closing shall take place at the offices
of the City.
6. Marketable Title. Seller will have as of the closing Date good and
marketable title to the Real Property, free and clear of all defects, liens, and
encumbrances.
Not later than forty-five (45) days prior to the closing Date, Seller shall
deliver to Buyer and Abstract of Title or Registered Property Abstract to the
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Real Property (the "Abstract"), which Abstract shall be properly certified to
date, including proper searches covering bankruptcies, state and federal tax
liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the
cost of obtaining said Abstract. Buyer shall be allowed twenty (20) days after
the receipt of such Abstract to cause to have issued a commitment for an owner's
policy of title insurance, issued by a title insurance company duly qualified to
transact bus iness in the state of Minnesota and acceptable to the Buyer's lender,
if any, indicating the Seller's ownership of the Real Property, subject to the
exceptions of a standard ATLA form owner's policy, but without further exceptions
materially adversely affecting the marketability of title. If the commitment
contains any exceptions which materially and adversely affect the marketability
of Seller's title, Buyer shall make written objections to said exceptions to
Seller, such objections to be made within ten (10) days of delivery of the
commitment or the same shall be deemed to have been waived. Seller shall be
allowed sixty (60) days thereafter to make such title marketable. Seller shall
use its best efforts to make the title marketable as expeditiously as possible.
If such defects are cured within said sixty (60) day period, Buyer shall be
notified in writing of the curing of such defects, in which case each party shall
proceed to perform in accordance with the terms of this Agreement. If such title
is not marketable and is not made so within the sixty (60) day period and Buyer
does not waive the curing of such defects, Buyer, upon written notice to Seller,
may, but is not obligated to, undertake to cure and remove all defects and
encumbrances in the title to the Real Property; and Seller agrees to reimburse
Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred
in connection with the curing of such objection. If such title is not marketable
and cannot be made marketable within such time periods, this Agreement shall be
voidable at Buyer's option, and all money paid by Buyer shall be refunded
forthwith to Buyer, but such refund shall not waive, release or alter any other
claims or rights of Buyer against Seller.
Seller shall deliver all public documentation on the Real Property within
thirty (30) days after acceptance and execution of this Purchase Agreement.
On the Closing Date, Seller shall execute and, where appropriate,
acknowledge and/or deliver the following:
A. A Quit Claim Deed for the Real property in recordable form, subject
to the standard ATLA exceptions;
B. A Well certificate;
C. An Affidavit of Seller.
7. Real Estate Taxes and Special Assessments.
A. Real estate taxes due and payable in and for the year of closing
shall be prorated between Seller and Buyer on a calendar year basis
to the actual Closing Date with the Seller to be responsible for the
Closing Date.
B. Seller shall payor release on the Closing Date the installments of
special assessments certified for payment with the real estate taxes
due and payable in the year of closing and prior years.
C. Seller shall payor release on the Closing Date all other special
assessments payable with the real estate taxes in future years.
D. Seller shall pay on the Closing Date any deferred real estate taxes,
payment of which is required as a result of the closing of this
sale.
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Buyer shall pay real estate taxes due and payable in the year
following the Closing Date and thereafter and any unpaid special
assessments payable therewith and thereafter, the payment of which
is not otherwise provided for in this agreement.
F. Seller warrants that the real estate taxes due and payable in the
year 1994 will be non-homestead classification.
8. Representation and Warranties of Seller. Seller hereby represents and
warrants as follows to Buyer, such representations and warranties to be true and
correct on the date thereof, and on the closing Date, that:
A. The Real Property is connected to city sewer and city water.
B. There are no service contracts, management contracts, or employment
contracts pertaining to the Real Property and the improvements
located thereon.
C. To the best of Seller's knowledge, no order or requirement for
repair, replacement, or alteration to any improvement, system, or
component of the Real Property issued by any governmental authority
has been received by Seller.
D. To the best of Seller's knowledge, there has been no change in any
federal, state, or municipal law or ordinance which would make any
current use of the Real Property unlawful.
E.
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G.
H.
1.
Seller has paid for all work, supplies, and materials performed upon
and supplied to the Real Property through the date of closing.
To the best of Seller's knowledge, there exists no litigation
affecting the Real Property.
To the best of Seller's knowledge, there is no condemnation
proceedings pending with respect to any part of the Real Property.
No party has an option to purchase all or any part of the Real
Property.
To the best of Seller's knowledge, no action or proceeding
instituted against Seller by any tenant of the Real Property is
presently pending in any court.
J. All information and documents made available and to be made
available to Buyer by Seller or its agents to the best of Seller's
knowledge are and shall be true, accurate, and complete as of the
date given.
K. Seller certifies that the Real Property is zoned appropriately for
a lodging/convention facility, including a restaurant and bar.
9. Buver's continaencies. The obligations of Buyer to consummate the
transaction contemplated by this Agreement are subject to the fulfillment not
later than thirty (30) days prior to Closing Date as determined in Paragraph 5,
of all of the following conditions, which conditions may only be waived by Buyer
in writing:
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A. The title contingencies set forth in Paragraph 6 above, or disclosed
in the surveyor environmental report.
B.
Buyer's review and approval of the environmental report to be
furnished by Seller.
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C.
Buyers obtaining, at its sole expense, an engineering report and
Buyer's review and approval, in its sole discretion, of such report
indicating that the Real Property is appropriate and adequate to
construct a lodging facility to Buyer's satisfaction without
extraordinary engineering or construction measures.
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D. Assurances that an intoxicating, on-sale liquor license will be
available for the hotel when constructed.
E. Satisfactory evidence that no leasehold interests are an encumbrance
on the Real Property.
10. Seller's continoencies. The obligations of Seller to consummate the
transaction contemplated by this Agreement are subject to fulfillment not later
than thirty (30) days prior to the closing Date as determined in paragraph 5 of
all of the following conditions, which conditions may only be waived by Seller
in writing:
A. Approval by the City of a Design Review Permit and conditional Use
Permit for the construction and operation of a hotel for the Real
property.
B. The Buyer has provided to the city evidence that it has obtained
sufficient financing for construction and operation of the hotel on
the Real property, and approval of the Buyer's financing plan
revealing the method of financing and sources of funds.
C. The Seller and the Buyer have negotiated and executed a binding
contract for redevelopment, and an assessment agreement for the
construction by the Buyer of a: hotel on the Real property.
D.
Buyer agrees to the specific language of a restrictive covenant that
will run with and bind the land that will require the Real Property
to be used for hotel, restaurant and meeting room purposes in
perpetuity.
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E. Buyer agrees to the specific language of a restrictive covenant that
will allow the city the right to repurchase the Real property in the
event the Buyers have not begun construction of the project
contemplated in this Agreement within two (2) years from the date of
this Agreement.
F. Approval of the Buyer's construction schedule including:
a. plan development and review.
b. Final financing arrangements.
c. construction Budget.
d. construction permit submittal.
e. Begin construction.
f. Estimated completion and occupancy.
11. Rioht of Entry. Buyer and its duly authorized agents shall have the
right during the period from the date of this Agreement through the Closing Date
and thereafter to enter in and upon said Real Property in order to mak~ such
surveys, measurements, soil tests, and other tests thereof and thereon as Buyer
shall deem necessary, but all without expense to Seller.
12. Risk of Loss. If the Real Property and improvements located thereon
is damaged or destroyed by fire, windstorm, flood or any other casualty or cause
in the amount in excess of $ 5,000.00 at anytime between the date of this
Agreement and the Closing Date, Buyer shall have the right, at its option, upon
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notice to Seller within ten (10) days after notice by Seller to Buyer of such
fire or other cause, to terminate this Agreement.
13. Maintenance and Operation Prior to Closinq. Pending the closing, the
operation and management of the Real Property will be conducted in the ordinary
course and will be maintained in its present condition, save for normal wear and
tear, and will not be encumbered. Further, the Lumberman's Exchange Building is
a central factor in the downtown historic district, Seller will not issue a
permit to alter, demolish, or remove the Lumberman's Exchange Building without
the express written consent of Buyer and review and approval by the Minnesota
State Historic Society.
14. Remedies. If Buyer or Seller cancels this Agreement due to the fact
that conditions precedent to closing or any of them have not been satisfied, all
payments made by Buyer to Seller, including any accrued interest, shall be
refunded forthwith to Buyer and neither Seller nor Buyer shall be liable for any
damages hereunder to the other.
15. Disclosure. No representative or warranty by Seller in this
Agreement, nor any statement or document furnished by Seller pursuant hereto, or
in connection with the transactions contemplated hereby, contains or will contain
any untrue information, or omits or will omit to state information necessary to
make the information contained therein not misleading.
16. Broker.' Seller and Buyer each represent and warrant to the other that
there is no obligation to pay any commission, finders fee or similar charging in
connection with the transaction provided for herein.
17. Survival of all Terms. All representations, warranties, and
agreements contained in this Agreement shall survive the Closing Date and shall
remain independently enforceable and shall not be merged into any instruments of
conveyance delivered on the Closing Date, and the parties hereto shall be bound
accordingly.
18. Utilities and Rents. All utilities, including but not limited to,
telephone, city sewer, city water, electricity, gas and all other charges,
together with rents from tenants and lessees, shall be prorated between the
Seller and Buyer as of the Closing Date.
19. Assiqnment of Interest. Buyer reserves the right to assign its
interest in this purchase agreement, prior to closing, to another entity
representing these same principals.
20. Notices. Notices required herein shall be in writing and delivered
personally or mailed certified mail, return receipt requested, postage prepaid
to the address as shown in the heading of this Agreement, and if mailed, are
effective as of the date of mailing.
21. Governino Law. This Agreement shall be governed by the laws of the
State of Minnesota.
SELLER:
APPROVED AS TO
FORM AND CONTENT:
CITY OF STILLWATER
By
David T. Magnuson, City Attorney
Jay Kimble, Acting Mayor
By
Nile Kriesel, City Coordinator
5
BUYER:
ST. CROIX PRESERVATION COMPANY
By
General Partner
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main street, #260
P.O. Box 438
stillwater, MN 55082
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EXHIBIT "A"
REAL PROPERTY
HOTEL PARCEL
Those portions of Block 27, Original Town of Stillwater, Minnesota, and
that portion of the South half of the Easterly extension of E. Myrtle Street,
according to the recorded plat thereof, lying Easterly of the Easterly line of
N. Water Street, according to the recorded plat thereof, and lying westerly of
a line drawn parallel with and distant 8.5 feet Westerly of, as measured at right
angles to, Burlington Northern Railroad Company's (formerly Northern Pacific
Railway Company's) Original Main Track centerline, as originally located and
constructed upon, over and across Block 27.
PARKING PARCEL
All surface rights on that portion of Block 18, Original Town of
Stillwater, Minnesota, according to the recorded plat thereof, lying Easterly of
the Easterly line of N. Water Street, according to the recorded plat thereof, and
lying Westerly of a line drawn parallel with and distant 8.5 feet Westerly of,
as measured at right angles to, Burlington Northern Railroad Company's (formerly
Northern Pacific Railway Company's) New Main Track centerline, as now located and
constructed, and between the Easterly extensions of East Myrtle Street and the
Easterly extension of Commercial street, according to the recorded plat thereof,
retaining in the Grantor all air rights above the surface of the parking parcel.
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MEMORANDUM
TO:
Mayor and City Council
FROM:
City Coordinator
RE:
1994-95 Labor Relations Negotiations
DATE:
April 22, 1994
I would like to request a brief (15 - 30 minutes) meeting in executive session
to discuss the latest developments in the City's negotiations with the various
labor units. Hopefully, we will be able to finalize negotiations with the units.
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Memornndum
To:
Mayor and Council
From:
Morli Weldon, City Clerk
Date:
April 29, 1993
Re:
Filling Vacancies
Attached for your information is a copy of Article III of the
Charter of the City of Stillwater, relating to the filling of
Council vacancies. As stated in these sections:
3.01a All vacancies, however created, shall be filled by a
person who resides in the ward to which they are
appointed.
3.03 Filling Vacancies. When a vacancy occurs, the council
shall elect another person to fill the vacancy for the
unexpired term of the vacant office, and until the
successor thereto is elected and qualifies.
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ARTICLE III
ELECTIVE OFFICERS
df 3.01 Council Composition and Election. Thc .Council sh~ll be composed
of a Mayor. who shall be elccted at largc, and lour Councllmembers, who
shall be clectcd by wards. Each Councilmember shall be a resident of the ward
from which he is elected and shall serve for a tcrm of four years and until
his succcssor is clcctcd and qualifies. The Mayor shall serve for a term of
four ycars and until his succcssor is elected and qualifies.
Elcctivc officcrs whosc terms havc not expired at the time of the lirst election
following thc adoption of this Charter provision shall continue to hold office
until the expiration of the term for which originally elected.
a. General Requirements. The Charter Commission, by resolution
adopted not later than May 10, 1992. or within forty-five (45)
days after the Legislature has next redistricted, whichever is first,
shall divide the City into wards. Wards shalI be as equal in
population as practicable and each ward shalI be composed of
compact, contiguous territory.
The City Council shalI assign one encumbent Councilmember
to each of the newly created wards. If the City Council shalI fail
to assign a Councilmember within forty-five (45) days after a
ward is created, the Charter Commission shall make the
assignment.
This assignment shall not disqualifY an incumbent Councilmember
who does not reside within the ward to which they are assigned
from completing the term for which they are elected, and for one
additional term beyond the term of initial assignment.
Thereafter, each Councilmember shalI be a resident of the ward
from which they are elected, except that a change in ward
boundaries shalI not disqualify a Council member from serving
out the remainder of their term.
AlI vacancies on the Council, however created, shalI be filIed'
by a person who resides in the ward to which they are appointed.
b. Redefining Ward Boundaries. The Charter Commission, by
resolution, may redefine ward boundaries subject to the limitations
and restrictions of State Statute. Within forty-five (45) days after
--L. 2
,*~c..1l 11/6/QO . 'Ik~~
---..----- -. -- ----
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the official certification of each federal decennial or special
census, the Charter Commission shall either confirm the existing
ward boundaries as conforming to the standards of Subd. 3.01
a. or redefine ward boundaries to conform to those standards.
Any action establishing new ward boundaries shall apply to the
first election held at least six months after establishment of the
new boundaries. No established division or redivision of the City
into wards shalI be made until the Charter Commission has held
a public hearing after two week's published notice.
3.02 Failing to qualify and vacancies. If any person elected as Mayor or
Councilmember shalI resign the office, fail to qualify as required after the
election, or shalI neglect to perform the duties of the office, or be absent from
the City without consent of the Council for a period of thirty (30) days, or
. shall be unable by reason of sickness or other cause to discharge the duties
of office, the Council may declare the office vacant.
3.03 Filling Vacancies. When a vacancy occurs, the Council shalI elect
another person to filI the vacancy for the unexpired term of the vacant office,
and until the successor thereto is elected and qualifies.
3.04 Salaries. The Mayor and Council members shalI receive such lawful
compensation as is fixed by the Council by ordinance. City officers and all
employees of the City shalI receive compensation, salaries or wages as fixed
by the Council.
ARTICLE IV
ELECTIONS
4.01 Regular. A regular municipal election shall be held on the first Tuesday
after the first Monday in November of each even numbered year commencing
in 1986. The City Clerk shalI give at least two weeks published notice of the
time and place of holding the election and of the officers to be elected, but
failure to give such notice shalI not invalidate the election.
4.02 Special elections. The Council may order a special election and provide
all means for holding it. The City Clerk shalI give at least two weeks published
notice of a special election. The procedure at the election shalI conform as
nearly as possible to that prescribed for other City elections.
4.03 Filing for office. Any voters of the City qualified under the state
constitution for elective office may, by IiI ing an affidavit and paying a filing
3
1.
2.
3.
4.
5.
9:00
9:00
9:10
6.
7. 9:30
8.. 9:35
TO
10:35
9. 10:45
TO
11:45
WASHINGTON COUNTY
Denm. c. Hegberg
Di8trict 1
MeryH_er
Di8t~ct 2/Chllir
Wally Abrehenwon
Di8trict 3
Myra Pet....on
Di8trict 4
Dave Engstrom
Di8trict 5
COUNTY BOARD AGENDA
APRIL 26, 1994, 9:00 A.M.
ROLL CALL
CONSENT CALENDAR
GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR
DISCUSSION FROM THE AUDIENCE
VISrTORS MAY SHARE THEIR CONCERNS WTnl THE COUNTY BOAllD OF COMMlSSlONf11S ON ANY lIEM NOT ON THE AGENDA. THE CHAlR W11L DIRECT
THE COUNTY ADMIN1S1BATOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPElTllOUS OF PREVIOUS SPEAKERS
AND TO L1Mf[' YOUR ADDRESS ro FIVE MINUTES.
COMMISSIONER REPORTS - COMMENTS - QUESTIONS
7HlS PERIOD OF TIME SHAIL BE USED BY THE COMMlSSJONf11S TO REPOKT TO THE FllIL BOAllD ON COMMlITEE ACTIVITIES, MAKE COMMENTS ON
MATTERS OF 1NTERES1' AND /NFORMA710N, OR RAISE QUE:S710NS ro THE STAFF. TIllS AC1l0N IS NOT INlENDED TO RESULT IN SUBSTAN11VE
BCWlD AC1l0N DURING 71US TIME. ANY AC1l0N NECESSARY BECAUSE OF DISCUSSION WILL BE SCHEDULED FOR A FTmJRE BOAJID MEETING.
BOARD CORRESPONDENCE
ADJOURN
BOARD WORKSHOP WITH HISTORIC COURTHOUSE ADV. COMMITTEE - B & C
DISCUSS STRATEGIC PLAN FOR HISTORIC COURTHOUSE
BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION - B & C
DISCUSS 1995 BUDGET PROCESS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Date
Apr il 26
Apr il 26
April 27
April 27
ril 27
Apr il 28
April 28
Apr il 28
MEE~ING NO~ICES
Committee
Location
Comparable Worth Reception for 12:00 p.m.
~iIIle
Commissioners and Department Heads
Planning Advisory Committee
Joint Meeting of ITAC and Space
& Facilities Planning Commission
Solid Waste Mgmt. Coord. Board
Reception for County Committee
Volunteers
Community Corrections
Resource Recovery Project Board
Vacancy Review Committee
7:00 p.m.
8:00'a.m.
Washington County Government Center-
5th Floor Conference Room
Washington County Government Center
Washington County Government Center
10:30 a.m.
4:30 p.m.
2099 University Ave. W. - St. Paul
Historic Courthouse - 101 W. Pine
7:30 a.m.
10:30 a.m.
2:00 p.m.
Washington County Government Center
6989 55th st. N. Suite C - Oakdale
Administration Conference Room
qyou need aui.rumce dU4 10 disability or language barrier, pletlSe cllll 430-6003 (lDD 439-3220)
AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR**
APRIL 26, 1994
The following items are presented for Board approval/adoption:
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DEPARTMENT/AGENCY
ADMINISTRATION
ITEM
A. APPROVAL OF THE APRIL 12, 1994, BOARD MEETING MINUTES.
B. APPROVAL TO AUTHORIZE DESIGNATED AREAS WITHIN THE COUNTY
FACILITIES FOR PLACEMENT OF CAMPAIGN MATERIAL.
C. APPROVAL OF EMPLOYMENT AGREEMENT WITH COUNTY ADMINISTRATOR.
AUDITOR-TREASURER
D. APPROVAL OF ONE DAY ON SALE NON-INTOXICATING HALT LIQUOR
LICENSE, APRIL 30, 1994, REGIONAL AWARDS BANQUET/SOCIAL, LAKE
ELMO JAYCEES, TO BE HELD AT HOOLEY HALL, COUNTY FAIRGROUNDS.
E. APPROVAL OF ON SALE AND SUNDAY INTOXICATING LIQUOR LICENSE
FOR THE OUTING LODGE AT PINE POINT, INC., APRIL 1, 1994 TO
MARCH 31, 1995.
F. APPROVAL OF ABATEMENT APPLICATIONS FOR HOMESTEAD AND
REDUCTION IN VALUE.
COMMUNITY SERVICES
G.
APPROVAL OF 1994 RATE RECOMMENDATION AND RATE VARIANCE FOR
EAST SUBURBAN RESOURCES, A DAY TRAINING HABILITATION SERVICE
PROVIDER FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.
H. APPROVAL OF 1994 RATE RECOMMENDATIONS FOR OPPORTUNITY
SERVICES, A DAY TRAINING AND HABILITATION SERVICE PROVIDER
FOR ADULTS WITH DEVELOPMENTAL' DISABILITIES.
HUMAN RESOURCES
I. APPROVAL OF INCREASED PAYMENT RATES FOR COUNTY BURIALS.
J. APPROVAL TO RECLASSIFY POSITION OF ACCOUNT CLERK II TO THE
CLASSIFICATION OF SR. ACCOUNTING TECHNICIAN IN THE ACCOUNTING
DEPARTMENT RETROACTIVE TO DECEMBER 19, 1993; AUTHORIZATION'
FOR ADJUSTMENT TO THE ACCOUNTING 1994 SALARY BUDGET OF
$1,872.
K. APPROVAL TO RECLASSIFY POSITION OF ACCOUNTANT I TO THE
CLASSIFICATION OF ACCOUNTANT II IN THE ACCOUNTING DEPARTMENT
RETROACTIVE TO MARCH 14, 1994; AUTHORIZATION FOR ADJUSTMENT
TO THE ACCOUNTING 1994 SALARY BUDGET OF $1,420.
L. APPROVAL TO RECLASSIFY POSITION OF FAMILY SERVICE WORKER TO
THE CLASSIFICATION OF SOCIAL WOlU{ER I IN THE COMMUNITY
SERVICES DEPARTMENT.EFFECTIVE APRIL 24, 1994.
M. APPROVAL OF COUNTY PAID MEDICAL/HOSPITALIZATION INSURANCE
PREMIUMS FOR RETIRING EMPLOYEE RICHARD D. BECKER, SHERIFF'S
OFFICE, IN ACCORDANCE WITH SECTION 11 OF THE PERSONNEL RULES
AND REGULATIONS.
N. APPROVAL OF SEVERANCE PAYMENT FOR RICHARD D. BECKER,
SHERIFF'S OFFICE, IN THE AMOUNT OF $4,700; AND AUTHORIZATION
TO AMEND 1994 SALARY BUDGET, SERVICE 1668, OBJECT 6114, BY
THAT SAME AMOUNT.
PUBLIC WORKS
O. APPROVAL OF RESOLUTION, INSTALL "NO PARKING" SIGNS ALONG AN
APPROXIMATELY 400 FOOT LONG SEGMENT OF COUNTY ROAD 79 IN THE
CITY OF MAHTOMEDI.
RECORDER
P. APPROVAL OF RES~LUTION AWARDING THE CONTRACT FOR BITUMINOUS
OVERLAY ON CSAH 40, 42, 45, 21 CR 15A, 55 68 TO THE LOWEST
RESPONSIBLE BIDDER, VALLEY PAVING, INC., CONDITIONED UPON THE
APPROVAL AND FULL EXECUTION OF A CONTRACT AS REQUIRED BY LAW.
Q. APPROVAL TO ADVERTISE FOR BIDS ON ROAD CONSTRUCTION ON CSAH
5, PROJECT #SAP 82-605-10.
R. APPROVAL OF THE PLAT OF HANNINGTON DOWNS.
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."ConIeat CaJeadar ltemt are ICIICl'1lUy clef"oncd .1 itanl 01 routine buliDen, not requirinc dilc_ion. and approved ill ..... vole. CClIIIIJIiuioacn may cIcct 10
puB . COIIICIll CaJeacIar itan(l) for diJcudion ancIIor ocpanIe action.
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NP~:;s I n Between
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Vol. 2. No.9
April 1994
Association of Metropolitan Municipalities
Members air concerns, query Met
Council on Regional Blueprint
Concerns about elevating the Regional Blueprint to Hsys-
temH status from '''guide'' were voiced during a Metropolitan
Council presentation to the Metropolitan Agencies Commit-
tee and Housing & Economic Development Committee.
Council staff outlined the philosophy behind the draft
Blueprint, the new name for the Metropolitan Development
and Investment Framework (MOIF). The MDIF served as a
guide for cities when they prepared their comprehensive
plans. The two AMlvI committees will meet jointly May 5 to
develop a response. A
public hearing on the draft
Regional Blueprint is .
scheduled for May 19 and
May 20.
The Blueprint empha-
sizes implementation and
problem-solving in four
areas: Environment,
Urban/Rural Services
Area, Regional Systems
and Regional Investment,
and Guiding Growth and
Change. The Blueprint
includes four subsectiOns
in its Guiding Growth and Change: Transportation and Land
Use, Concurrency of Service, Land Planning Act Update and
Mix Use Development and Density.
While the draft pian has four main policy areas, Karl said it
stresses implementation and problem-solving, and examin-
ing "multifaceted ways to address the issues."
One area Council members would like to develop policy is
for redefining a city's comprehensive plan. For example
when planning and zoning conflicts arise, the Council
envisions a comp plan superseding zoning. The council also
would like to see included in a comp plan the inclusion of a
natural resources element, and regularly scheduled updates.
However, initiating new metro systems - the Blueprint and
Housing, and an optional planning element -
intergovernmental cooperation, economic development and
e redevelopment - are in the draft proposal.
The Council would have four guiding principals when it
considers expanding the urban service area. Among them,
regional sewer service would not be expanded to new cities
or townships until after the year 2020. Karl said the Council
could reconsider this position at some future date if an area
met as-yet undefined criteria and needed the expansion of
service. He explained this would be the beginning of staging .
the MUSA expansion.
Also, the Council would not allow expansion of the local
urban service area unless adequate regional sewer and
transportation capacity exists. A third criterion would call for
development of urban service area compacts between the
Met Council and local govenunents to outline respective
roles, responsibilities and conunitments. Fmally, the Council
would seek to limit incremental changes to a local urban
service area.
'1f you're in it, you'll get the service," Karl said.
During the question-and-answer segment, Burnsville
Council Member Owlie Crichton said his city objected
elevating the Blueprint to system status. To do so would
allow the Met Council to have complete authority over cities. .
(Continued on Page 4)
To the AMM Membership:
A Star Tribune editorial published April 21 misstated an
Association of Metropolitan Municipalities position
regarding a provision of the comprehensive choice
housing bill under oonsideration by the Legislature.
The AMM supports the identification and removal of
baniers to housing choices if and where they exist, and
believes opportunities for affordable housing should be
available throughout the metro area. However, the AMM
does not support the imposition of penalties and has
worked very hard to have this particular provision
removed from the bill.
The Star Tn"bune editorial stated erroneously that AMM
does support penalties. AMM has spoken with the
editorial writer about the misinformation and was
assured that a correction regarding the AMM position
will be made.
Again, to be clear: The AMM policy does support
removal of barriers to choice housing if they exist but
does not support penalties for cities as described in the
original bill.
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Elections, awards focus of Annual Meeting
Get out those fancy duds and reserve the evening of May
25 on your calendars. The AMM Annual Meeting will be
amid the beauty of the fairways and greens of Edinburgh
Golf Course in Brooklyn Park.
Continuing With the precedent set at November's Policy
Adoption Meeting, the AMM Board of Directors decided not
to have an outside speaker or
program. Instead, the Board said,
emphasis will be placed on elections,
awards and camaraderie.
. Two items will be on the evening's
agenda. rtrSt, the election of officers
and members of the Board of
Directors. Past President Karen
Anderson, Minnetonka Mayor, and managers Don
Ashworth of Chanhassen and Bill Burns of Fridley will
complete their terms of office at the end of May.
The AMM will present its annual Innovative City Award
and Peacemaker Award during the Annual Meeting. (See
related story elsewhere on this page.) The Innovative City
A ward honors a city project or program that, among other
things, stimulates creativity, demonstrates efficiency, pro-
motes economic viability develops an awareness among
residents and fosters a sense of community.
Previous winners include two-time champ Richfield for its
adaptive recreation program and Richfield Rediscovered
redevelopment/reinvestment program, Cottage Grove for its
community oriented policing program and Minneapolis for
its C.A.RE. program.
The AMM Peacemaker Award honors a city's efforts to
resolve a dispute by alternative methods, not the court
system. This award was developed from a recommendation
made by the AMM's Dispute Resolution Committee. The
committee believed that honoring a city for resolving a
dispute by non-traditional means could encourage other
communities to explore the possibilities of mediation or other
creative methods to resolve a dispute instead of going to
court. Falcon Heights was the first honoree for its efforts in
resolving an easement dispute through an alternative form of
resolution.
An invitation outlining the Annual Meeting activities will
be mailed soon but please plan on attending the Annual
Meeting. In addition to affording AMM members the
opportunity to elect officers and board members, the meeting
provides a chance to renew acquaintances and discuss
matters of mutual interest.
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Deadlines for two AMM contests May 5
It's not too late to be considered for the AMM Innovative
City Award or the AMM Peacemaker Award.
The deadline for the two contests is 5 p.m. Thursday, May
5. Application rules were simplified to ease the process.
Creativity, efficiency, a sense of awareness or a sense of
community are the by-words for the AMM Innovative City
Award, now in its third year.
For consideration, a city project or program must present a
different approach demonstrating creativity in identifying
and correcting existing community issues. It also should
enhance residents' participation, and foster a sense of
community through participation and communication. The
Ilpplication should demonstrate the promotion of <:ollabora-
tive/ rooperative efforts show that better delivery of
service(s) or more efficient use of personnel was achieved
and demonstrate possible monetary savings.
Cities may enter as many activities and/or projects as they
wish. However, each entry must be submitted separately.
The activity or program must be under way or completed
. The AMM Peacemaker A ward recognizes a city's efforts to
handle a dispute by alternative methods, not through the
court system. 1bis award developed from a recommendation
made by the AMM's Dispute Resolution Committee.
To be considered, an application must demonstrate that
the decision to seek a more creative resolution was made to
solve the problem, not avoid the problem. Criteria includes
that city has a pro-active commitment to seeking alternatives
to the court system to resolving disputes and demonstrate
political courage to submit a tough issue to an alternative
process rather than the courts. Also, the situation must be.
difficult and the approach to solving it exlubits creativity,
leadership and a commitment to resolve the matter. Com-
plete resolution is not a prerequisite.
People wanting more infonnation, criteria and application
processes, and application form for either the Innovative City
Award or the Peacemaker Award may call Nicole Debevec at
the AMM office, 490-3301.
Pre-meeting golf planned
While it's not Augusta National and a green jacket isn't on
the line, the AMM invites all golfers - from duffers and
worm-burners to scratch and better - to
, . playa round on :May 2S before the
J- fJ:' / Annual Meeting at Edinburgh USA Golf
~ ~ Course in Brooklyn Park.
:',$;." ~ Edinburgh USA was selected by Golf
~V Digest as one of the top 50 public golf
, courses in America. It is Scottish designed
and has nearly 70 bunkers and 12 acres of
water. Challenging features include an
island fairway and a peninsula green. Edinburgh USA also
has one of the world's largest putting surfaces - a triple green
combining holes 9 and 18, and the practice putting area.
Afternoon tee times will be arranged by course personnel
once reservations are made to Carol Williams at the AMM e
office, 490-3301.
A detailed flyer with infonnation about green fees, cart
rental and reservation requirements will be included with the
AMM Annual Meeting invitation that will be mailed soon.
Now, think sunny thoughts for May 25... .
2
AMM Legislative Update
e (Action through Wednesday, April 20)
OMNIBUS TAX BIll- HF3209-Rest and SF1775-DJ Johnson
are in tax conference committee.
The House bill restores the Local Government Trust fund
(LGTF) deficit to a maximum of $35.7 million, $6 million
more than the current projection. It does this by shifting the
deficit into the next biennium. However, once again, through
program juggling, none of the $107 million generated in the
next biennium through sales tax growth is allocated to
LGA/HACA. The House bill maintains the shell- or sham -
of the LGTF but provides no new aid growth for 1995 or
1996. Since there is no aid growth, the 1994 aid increase is
recalculated within the formula for redistribution in 1995
(1993 is the last grandfather year). With the exception of 1st
Oass cities, which are capped at 1994 levels, a city's distribu-
tion could go up or down depending on the formula applica-
tion. .
The Senate bill provides $29.5 million for the trust fund
deficit, repeals the LGTF at the end of this biennium and
establishes the Implicit Price Deflater (IPD) for state and
local government as an index for future LGA distribution.
The LGA growth will be held to a minimum of 2.5 percent
per year, and a maximum of 5 percent per year. It will be
distributed based on the current LGA formula, but estab-
lishes a rolling grandfather based on the previous year.
In either bill, if the LGTF deficit this year exceeds the
funding provided, the December 1994 LGA/HACA distri-
bution still could be reduced.
0nIER PROVISIONS:
'7HIs OLD HOUSE": Both bills
provide technical changes. The
. House bill limits eligibility to homes
with market values of less than
$150,000 or $300,000 in cities where
50 percent of the housing is pre-1960
and the median inccIl'.e is less than
thel~statewide~~n.
REPLACEMENT CAPITAL EQUIPMENT SALES TAX: The House
bill reduces the 6 percent sales tax by 1.2 percent per year to
total exemption by July 1, 1998. The Senate phases down the
sales tax to 2.5 percent by July 1, 1997, and restores the
current rate in in the year 2001 if state manufacturing jobs
have not increased by 4,500. Either provision, if adopted by
the conference committee, will have a very significant
negative impact on the LGTF.
tions for soils conditions districts, and extends the time limit
for economic districts and interest rate reduction programs.
The TIP provisions in the two bills are so opposit that it is
difficult to imagine a final compromise.
FmERAL CoNFORMIIY: Both bills conform to the income tax
changes made in the 1993 federal tax law. This has the effect
of raising more Minnesota state income tax which then is
used for property tax and business tax relief. Gov. Arne
Carlson indicated that he does not support full federal
conformity.
Regardless of the final product, there is a good possibility that
Carlson will veto it If this happens, no one knows whether a
new bill will be put together. If legislators do not fashion a
new bill, December LGA/HACA cuts are likely.
METROPOUTAN COMPREHENSIVE CHOICE HOUSING Acr:
(HF2171-Qrfield; SF1991-Novak)
Both versions were modified to
eliminate penalties. Language
regarding sewer hook-up avail-
ability in sectors also eliminated.
Both versions now would seek to
study and identify barriers to
affordable housing. On floors of
House and Senate.
METROPOUTAN REINvEsTMENT Acr: (HF2174-Orfield;
SF1875-F1ynn) Author delete-a11 amendment makes bill
straight fiscal disparities program that pools taxes on homes
valued at $150,000 or more. HF2174 was amended by author
in Housing Committee. SF1875 in Jobs, Energy and Economic
Development Committee. Both versions apparently died in
committee. Neither is expected to be heard or acted upon by
session's end.
METROPOUTAN GOVERNANCE STRUCTURAL REFORM Acr:
(HF2276-Orfield; SF2015-F1ynn) Would change the Metropoli-
tan Council to an elected body and would eliminate various
regional boards. HF2276 passed from Local Government and
Metropolitan Affairs and re-referred to Transportation;
SF2015 passed Metropolitan and Local Government Commit-
tee as amended to eliminate elected Met Council and have
Council appointed at will and pleasure of the governor (no
staggered fixed terms). Passed Senate, passed substituted for
HF2276 in two House Committees, and now is on House
floor.
TAX INCREMENT FINANCING (TIF): The House bill contains
many restrictive provisions. The most onerous are volume METROPOLITAN TRUNKED RADIO SYSTEM: (HF1996-Kelley;
cap limits, county approval and a stricter but-for test. The SF1826-Mondale) Extends moratorium for allocating public
Senate bill eliminates the requirement of 18 percent clean-up service channels in ~megahertz band for public service use
cost match coming from non-TIP sources, eliminates the unti11995 and would extend life of Metropolitan Radio
LGA/HACA penalty for certain projects, expands qualifica- (Continued on Page 4)
3
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Legislative update
(Continued from Page 3)
Systems Planning Committee unti11995. SF1826 passed both
houses and signed by governor.
TRANSPORTATION P1.ANNING AND HOUSING COMPUANCE FOR
HIGHWAY IMPROVEMENTS: (HF2172-Qrfield; SF1896-Pappas)
Would like highway funding and sewer extension requests to
compliance with choice housing allocation. HF2172 is in
Transportation Committee. SF1896 passed as amended
(
..
(amended to include planning provisions only) from Trans-
portation Committee, passed Senate. Substituted for HF2172
in House Transportation Committee.
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WASTE MANAGEMENT: (HF292D-Long, SF2523-Merriam) Re-
establishes the Office of Waste Management as the Office of
Environmental Assistance and transfers waste management
and policy planning from Met Council to this office. HF2920
on House floor. SF2523 in Senate Fmance Committee. No
direct policy; indirect AMM support.
AMM response to Blueprint planned May 5
(Continued/rom Page 1)
''You might as well wipe out city government," he said.
Council staff member Bob Mazenac said that the Council
was interested in cooperating with cities, not in using the
threat of complete control to guide development and cities in
the region. Later, Mazenac said perhaps the Council needs to
redefine the concept of "system" with regard to the Blue-
print.
Minnetonka Council member Terry Schneider asked
whether the Council would examine its definitions. He said
he was troubled by "available land" and whether it includes
wetlands, acreage that could be developed meaningfully, or
areas that perhaps isn't the right kind of land for develop-
ment because of environmental concerns. Kari said if a
community wished to exclude wetlands from available land,
it needs to pass an ordinance and forward the ordinance to
the Met Council.
Vern Peterson, AMM Executive Director, asked whether
freezing the MUSAon the edge of regional sewering would
lead to leapfrog development into neighboring counties.
Mazenac said the Council needs to talk to neighboring
counties regarding land use and transportation. The Council
can't dictate to those counties, but a dialog must be started.
While discussing the Council's desire to explore develop-
ment by sector or clustering, Cottage Grove Administrator
Kevin Frazell asked how the Council would detennine the
sectors/clusters development and any possible tradeoffs that
would occur. Mazenac said the Council plans to let the issue
define the area that it hasn't determined any criteria.
On a related point, Mounds View Mayor Jerry Unke asked
about the fairness of cluster planning. For example, if a city
has a piece of CII property it wishes to redevelop, would the
Council step in and say the city couldn't redevelop the land
as CII but could develop it as residential? Mazenac said
cluster development would depend on issues and objectives,
which haven't been defined.
Craig Dawson, Eden Prairie Assistant Manager, asked
whether a process would be set up to establish priorities
when issues are in conflict - e.g., wetlands, affordable land,
housing mix and land outside of the urban service area.
The Association of Metropolitan Municipalities is at 3490 Lexington Ave. N., St. Paul, MN 55126. The tele-
phone number is 490-3301; fax, 490-0072. This edition was mailed to mayors, council members, and managers!
administrators for all AMM member cities.
Mazenac said the Council hopes to meet with local officials
and groups such as the AMM to help sort out priorities. He
also said the Council wasn't concerned about implementing
or enforcing all of the Blueprint all at once.
Metropolitan Agencies Committee Chair Joan Campbell,
Minneapolis Council member, said she was pleased to see
clean-up of polluted lands included in the Blueprint. I<ari said
the Council wanted to make polluted land cleanup a key
issue, but needs help in determining levels of clean for
different types of activities. He also asked how one can
balance levels of clean and how can cleanup be funded.
J1:1lian Loscalzo, St. Paul council aide, noted a lack of re-
sources and leadership. He said he had raised this issue
before with the Council in earlier stages of the Blueprint
drafting process.
"If you want the Blueprint to be credible, these two areas
need to be addressed," he said.
Areas of Concern In Blueprint
1. Elevating Regional Blueprint to "system"
level
,2. Lack of definition regarding "available
I.and" and what types of land It includes
3. Freezing regional sewer extention In fringe
until 2020 and possible leapfrog effect
4. Lack of criteria for cluster/sector develop-
ment
5. No identification of financial resources to
deal with urban deterioration
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23:51
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 047
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AGENDA
CITY OF OAK PARK HEIGHTS
MONDAY, APRIL 25, 1994 -- 6:30 P.M.
6:30 P.M. AGENDA
I. Board of Review
7:00 P.M. AGENDA
I. Call to Order
II. Visitors
III. Departmental Reports
Schaaf - Utilities
Kern - Streets
Building Inspector
a. Inspection Uniformity Committee
Seggelke - Parks '
a. Non-Union Family Medical Coverage
b. Park Minutes 4/18/94
c. Spring Park Walk
Doerr - Administration
Cable Update
Consolidation Update
Water Manaqement Update
IV. Public Hearings
Continue Heritage Rezone & Subdivision
Amend Ordinance *1403 - Peddlers , Solicitors
Dvorak variance
v. Old Business
Blacktop Quotes
RFP - Grass Cutting
East Oaks PUD
Norell Avenue Resolution
Remote Control Camera
VI. New Business
Request Annual Sewer & Water Rate Study?
VII.
Correspondence Presented
Alicia Payne
Washington County Health Department
Washington County Public Works Department
Northern States Power Company
William J. Keefer
City of Stillwater
(over)
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",,' ",.....,.,.1 ,,, ,,,., " 711:'71' f 01 I~~I.$ ·
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04/20/94
23:51
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 047
Regional Transit Board
Stillwater Area Chamber of Commerce
Minnesota Department of Transportation
Northwest Associated Consultants, Inc.
Northern States Power company
City of Bayport
Valley Branch watershed District
City of Stillwater
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04/26/94
00:58
CITY OF OAK PARK HEIGHTS ~ 6124390456
[;101
NO. 055
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, APRIL 25, 1994
Board of Review was opened by Acting Mayor Seggelke at 6:35 p.m.
Present: Schaaf, Kern, Doerr, Vierling, Richards, Benson,
Swanson and Wilson. Absent: Mayor O'Neal. Assessor's
recommendations were reviewed and discussed. Doerr, seconded by
Kern, moved to close Board of Review. 4 aye votes. Carried.
Staff reports were reviewed prior to the regular meeting.
Regular meeting called to order at 7:00 p.m. by Acting Mayor
Seggelke.
Richard Murray apprised the council of the noise generated at the
rifle range. Discussion ensued. Memo from Anders Hansen and
letter from Ken Hartung, Bayport City Administrator, were
reviewed. Doerr, seconded by, Schaaf, moved to direct Police
Chief Swanson to contact Commissioner of Corrections and other
law enforcement agencies to try to alleviate the problem. 4 aye
votes. Carried.
Kern, seconded by Schaaf, moved to
blacktopping to Brochman Blacktopping.
award quote
4 aye votes.
for 1994
Carried.
Schaaf, seconded by Kern, moved to ban dumping at Valley view
Park site immediately and direct Public Works Department to find
a new disposal site. 4 aye votes. Carried.
A special meeting for planning the annex park will meet at city
hall at 6:30 p.m. Monday, May 2nd with regular Park Commission
meeting at 6;30 Monday, May 16th.
Schaaf, seconded by Doerr, moved to use planning and engineering
consultant fees from line item funds in the city budget for the
new park development. 4 aye votes. Carried.
Tree City award was accepted by Acting Mayor Segqelke and he
thanked Ken Kaiser, City Arborist, for his work in achieving it.
Doerr, seconded by Schaaf, moved to deduct $35/mo from non-union
salaries for dependent health coverage and $7S/mo commencing
January 1, 1995, with first deduction to be made May 1, 1994. 4
aye votes. Carried.
Doerr, seconded by
participation in the
votes. Carried.
Kern, moved to approve Jim
Inspection Uniformity Committee.
Butler's
4 aye
,To, ,,...,,.,,
04/26/94
00:59
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 055
~02
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page two - Minutes 4/25/94
Schaaf, seconded by Ooerr, moved to direct staff to compile
analysis on how many residents are away and for how long during
the winter months. 4 aye votes.
Doerr, seconded by Kern, moved to direct Chief Swanson to inform
council of his recommendations for signage request on Oakgreen
Place and present it first meeting in May. 4 aye votes.
Carried.
Heritage Development public hearing for rezoning and subdivision
was continued. Acting Mayor Seggelke called for comments and
discussion ensued. Kern, seconded by Schaaf, moved to schedule a
workshop Tuesday, May 3rd at 7:00 p.m. with City Council, Bay town
Township and property owners involved in the project. 4 aye
votes. Carried.
Clerk read public hearing notice, presented affidavit of
publication and mailing list for variance request submitted by
Mike Dvorak. Acting Mayor Seggelke called for comments and
discussion ensued. Kern, seconded by Schaaf, moved to continue 4It
hearing Monday, May 23, 1994 at 7:30 p.m. Applicant to resubmit
application, show driveway/street access, provide soil boring
test and title opinion with City Engineer and Planner to review.
4 aye votes. Carried.
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Seggelke, seconded by Kern, moved to credit applicant $150.00
previously paid. 4 aye votes. Carried.
Clerk read public hearing notice and presented affidavit of
publication on Ordinance Amendment *1403 relating to peddlers and
solicitors. Acting Mayor called for comments and discussion
ensued. Doerr, seconded by Kern, moved to amend above ordinance
as presented. 4 aye votes. Carried.
Doerr, seconded by Kern, moved to close above hearing. 4 aye
votes. Hearing closed.
Doerr, seconded by Schaaf, moved to adopt Resolution #94-04-16
accepting assessors recommendations to the Local Board of Review.
Roll call vote taken with aye votes cast by Doerr, Schaaf and
Seggelke. Abstain by Kern. Resolution adopted.
Schaaf, seconded by Kern, moved to issue request for proposals
for grass cutting services for 1994 based upon draft presented
this date and send to prospective vendors. Staff to advertise
summary in legal newspaper. Proposals to be returned by May 9th
meeting. 4 aye votes. Carried.
Schaaf, seconded by Kern, moved to table East Oaks PUD until May
9th meeting. 4 aye voteS. Carried.
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NO. 055
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Page three - Meeting 4/25/94
Schaaf, seconded by Kern, moved to adopt Resolution #94-04-17
authorizing the City of Oak Park Heights to enter into Agreement
No. 71755 with the State of Minnesota, Department of
Transportation and that proper City Officers are hereby
authorized and directed to execute such agreement. Roll call
vote taken with 4 aye votes cast. Resolution adopted.
Schaaf, seconded by Kern, moved to approve expenditure of
$2500.00 to the Stillwater Area Chamber of Commerce for the
purpose of economic development funding for tourism and to be
expended from Contribution Fund. 4 aye votes. Carried.
Schaaf, seconded by Doerr, moved to
prepare annual sewer & water rate study.
direct City Engineer to
4 aye votes. Carried.
Schaaf, seconded by Doerr, moved to adjourn.
Adjourned at 10:00 p.m.
4 aye votes.
Respectfully submitted,
~ v~tJ.,)~
La Vonne Wllson
Administrator/Treasurer
SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
March 15, 1994
4:30 p.m.
The meeting was called to order by Acting Mayor Kimble.
Present:
Councilmembers Bodlovick, Cummings, Funke, and Kimble
Absent:
Mayor Hooley
Also Present:
City Coordinator Kriesel
Acting City Attorney Thole
Finance Director Deblon
Comm. Dev. Director Russell
City Planner Pung- Terwedo
Recording Secretary Schaubach
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Others:
Duane Hubbs, Martha Hubbs, Chuck Dougherty,
John Berglund, Todd Weiss
CONTINUATION OF WORKSHOP TO DISCUSS TAX INCREMENT FINANCING
ASSISTANCE FOR DOWNTOWN HOTEL DEVELOPMENT.
Council received a letter from Hoffman Development Corporation stating their decision
to not attend the workshop continuation. Council discussed a second proposal received
for the site. Duane Hubbs, Chuck Dougherty, and John Berglund, representing St. Croix
Preservation Company, presented a purchase agreement for the property, and proposed
to develop a lodging/convention facility on the site.
Motion by Councilmember Funke, seconded by Council member Bodlovick to approve in concept
the purchase agreement presented by St. Croix Preservation Company to purchase the former
Hooley's site downtown in order to develop a lodging/convention site, with the condition that
it is reviewed and approved by the City Attorney, and to request input from Staff. (All in favor)
Council directed the City Attorney to inform the Charter Commission of the pending sale
of the property.
OTHER BUSINESS
Council asked the City Attorney's office to review and clarify appropriate procedure for
discussion of items which are not on the Council agenda.
Stillwater City Council Minutes
Special Meeting
March 15, 1994
RECESS
Motion by Councilmember Funke, seconded by Councilmember Cummings to recess the meeting
at 5:25 p.m. until the 7:00 p.m. meeting. (All in favor)
ATIEST-4 ~ I, J.fldA/h.
CITY CLERK
Submitted by:
Shelly Schaubach
Recording Secretary
2