HomeMy WebLinkAbout1996-10-29 CC Packet
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REVISED AGENDA *
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 96-27
October 29, 1996
Margaret Rivers Room, Stillwater Public Library
223 North Fourth Street
(Rescheduled date for regular first meeting of November)
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
OTHER BUSINESS
1. Workshop with Charter Commission
2. Request to refinance multi-family revenue bonds - Cottages of Stillwater
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - October 15, 1996 Special and Regular Meetings
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Jon Thomas, Ryder Transportation - Request for assistance in finding terminal for school busses
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed.
CONSENT AGENDA *
1. Resolution 96-264: Directing Payment of Bills
2. Contractors Licenses: Renewals - Gilbert Construction Co.; Viking Construction Inc.;
New - K.J. Willis Construction
3. Exemption from Lawful Gambling License - Church of St. Michael
4. Request to purchase budgeted Capital Outlay items - Library Board
5. Request to purchase lift station alarm system
6. Utility Bill adjustments
7. Resolution 96-265: New wine/strong beer license - St. Croix Catering, dba The Grand
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City Council Agenda 96-27
October 29, 1996
PUBLIC HEARINGS
1. Case No. SUB/96-62. This is the day and time for the public hearing to consider a subdivision to
subdivide Lot 10, Block 8, Wilkin's Addition into two equal portions and combine to adjacent lots
, in the RB, Two-family residential district. William and Dawn Tunison, applicant. Notice of the
hearing was placed in the Stillwater Gazette on October 18, 1996, and notices mailed to affected
property owners.
2. Case No. SUB/96-67. This is the day and time for the public hearing to consider a minor
subdivision of one lot into two lots located north of 802 West Mulberry in the RB, Two-Family
Residential District. Clarice Auluck- Wilson, applicant. Notice of the hearing was placed in the
Stillwater Gazette on October 18, 1996, and notices mailed to affected property owners.
3. Case No. BM/96-68. This is the day and time for the public hearing to consider a building
moving permit to move a house from 824 South Greeley Street to the west side of North William
Street between West Mulberry Street and West Linden Street in the RB, Two-Family Residential
District. Clarice Auluck- Wilson, applicant. Notice of the hearing was placed in the Stillwater
Gazette on October 4, 1996, and notices mailed to affected property owners.
4. Case No. V/96-69. This is the day and time for the public hearing to consider a variance for the
installation of an on-site septic system within the required 40 foot setback located at 118 Lakeside
Drive in the RB-Bluffland Shoreland District. Michael and Sheryl Meyer, applicant. Notice of
the hearing was placed in the Stillwater Gazette on October 11, 1996, and notices mailed to
affected property owners.
UNFINISHED BUSINESS
1. Report: Lift Bridge issues
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2. Report: Ice arena architectural services
3. Possible second reading of ordinance relating to regulation of pawnbrokers
4. Update: Environmental study of annexation area
5. Proposal for feasibility study for sewer and water for annexation area
NEW BUSINESS
1. Authorizing application for Livable Communities Tax Base Revitalization Account Program
(Resolution)
2. Request to prepare drainage study of Meadowlark Park
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REOUESTS
1. Susan Sabongi, Stillwater Antiques - Sprinkler system requirements
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT Possible adjournment to Executive Session to discuss condemnation proceedings
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* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
* Items in italics are additions to the agenda
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MEMORANDUM
TO:
Mayor and Council
FROM:
City Clerk
DATE:
October 29, 1996
SUBJECT:
Additions/Changes to Council Packet and Agenda
ADDITIONS TO AGENDA:
1. Other Business (4:30 meeting)
Item 2: Request to refinance multi-family revenue bonds - Cottages of Stillwater
2. Consent Agenda
Item 7: New wine/strong beer license - St. Croix Catering, dba The Grand
3. Unfinished Business
Item 1: Lift Bridge issues
Items 5: Proposal for feasibility study for sewer and water for annexation area
ADDITIONS TO PACKET:
1. Revised Agenda
, 2. List of Bills (Consent No.1)
3. Staff reports, City Engineer:
Proposal to install methane monitoring at Olive Street Dump site
4. Corrections to proposed Conflict of Interest ordinance
5. Item 1: Petitions, Individuals
Memo from Jill Rogness regarding bus terminal
6. FYI: Metropolitan Council Metro Meetings
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AGENDA
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 96-27
October 29, 1996
Margaret Rivers Room, Stillwater Public Library
223 North Fourth Street
(Rescheduled date for regular fIrst meeting of November)
~
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
OTHER BUSINESS
1. Workshop with Charter Commission
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - October 15, 1996 Special and Regular Meetings
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Jon Thomas, Ryder Transportation - Request for assistance in fmding terminal for school busses
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed.
CONSENT AGENDA *
1. Resolution 96-264: Directing Payment of Bills
2. Contractors Licenses: Renewals - Gilbert Construction Co.; Viking Construction Inc.;
New - K.J. Willis Construction
3. Exemption from Lawful Gambling License - Church of St. Michael
4. Request to purchase budgeted Capital Outlay items - Library Board
5. Request to purchase lift station alarm system
6. Utility Bill adjustments
PUBLIC HEARINGS
1. Case No. SUB/96-62. This is the day and time for the public hearing to consider a subdivision to
subdivide Lot 10, Block 8, Wilkin's Addition into two equal portions and combine to adjacent lots
in the RB, Two-family residential district. William and Dawn Tunison, applicant.
Notice of the hearing was placed in the Stillwater Gazette on October 18, 1996, and notices
mailed to affected property owners.
City Council Agenda 96-27
October 29, 1996
Public Hearings (continued)
2. Case No. SUB/96-67. This is the day and time for the public hearing to consider a minor
subdivision of one lot into two lots located north of 802 West Mulberry in the RB, Two-Family
Residential District. Clarice Auluck- Wilson, applicant.
Notice of the hearing was placed in the Stillwater Gazette on October 18, 1996, and notices
mailed to affected property owners.
.
3. Case No. BM/96-68. This is the day and time for the public hearing to consider a building
moving permit to move a house from 824 South Greeley Street to the west side of North William
Street between West Mulberry Street and West Linden Street in the RB, Two-Family Residential
District. Clarice Auluck- Wilson, applicant.
Notice of the hearing was placed in the Stillwater Gazette on October 4, 1996, and notices
mailed to affected property owners.
4. Case No. V/96-69. This is the day and time for the public hearing to consider a variance for the
installation of an on-site septic system within the required 40 foot setback located at 118 Lakeside
Drive in the RB-Bluffland Shoreland District. Michael and Sheryl Meyer, applicant.
Notice of the hearing was placed in the Stillwater Gazette on October 11, 1996, and notices
mailed to affected property owners.
UNFINISHED BUSINESS
1. Report: Ice arena architectural services
2. Possible second reading of ordinance relating to regulation of pawnbrokers
3. Update: Environmental study of annexation area
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NEW BUSINESS
1. Authorizing application for Livable Communities Tax Base Revitalization Account Program
(Resolution)
2. Request to prepare drainage study of Meadowlark Park
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
1. Susan Sabongi, Stillwater Antiques - Sprinkler system requirements
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
Possible adjournment to Executive Session to discuss condemnation proceedings
* 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. . '
FROM StCroix Valle~ Comm Foundation PHONE NO. 612 439 8487
Oct. 29 1996 01:32PM P2
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October 29, 1996
TO: Mayor Kimble and
Members of the City Council
FR: Laurie Maher, Chair
Charter Commission
RE: Corrections to the proposed Conflict Of Interest ordinance
We just discovered that you were inadvertently given the next to final draft of our
proposed Contlict of Interest amendment to the City Charter. We apologize for this
mistake.
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Attached is the tinal version which we will be discussing with you at 4:30 this afternoon.
Changes from the draft that was mailed to you include:
7.09 and 7.10 Addition of "public employees"
Delete II direct'l wherever it appears in these paragraphs.
7.9a
Delete last sentence in paragraph.
7.10 b
Delete "and publicly" from "..every public officer or
public employee shall fully (and publicly) disclose. all
material infonnation.."
Addition of 7.11 Definitions
Once again) we apologize for any inconvenience this oversight may have caused.
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FROM: StCroix Valle~ Comm Foundation PHONE NO : 612 439 8487
OCT 29 '96 11: 56 L1r_,*-~Mi-lNlUol~~L.1H It.b .
Oct. 29 1996 01:32PM P3
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~FLlCT QF t~TEREST
7.09 Public officers. public emptoyees, interest in contract; penalty,
a) Any public officer or public employee who is authorized to take
part in any manner in making any sale. lease or contract decision in
official capacity shall not voluntarilY have a personal financial interest
in that sale! lease or contract decision or personally benefit
therefrom. '
b) A public officer or public employee who is found to have knowingly
violated this provision shall be guilty of a gross misdemeanor
pursuant to Minnesota Statutes Chapter 471.87
7.10 Public officers, publiC employees, interest in permits, licenses or
zoning; penalty.
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a) Any public officer or pUblic employee who is authorized to take
part in any manner in making any permit license or zoning decision
in official capacity shall not voluntarily have a personal financial
interest in that permit. license or zoning decision or persq!"ally benefit
therefrom. The existence of any suoh personal financial interest or
benefit is, in all instances, deemed to be a conflict of interest.
b) Except as otherwise provided by law, every public officer or publiC
employee shall fully disclose aU material information pertaining to
conflicts of interest as they arise and shall in all instances recuse
themselves from participating in any discussion or decision making
with regard to such conflicts of interest.
c) A PUblic officer or public employee who is found to have knowingly
Violated this provision shall be removed from office.
d) Any permit, license or zoning decision promulgated or otherwise
entered into in violation of this Section 7.10 is null and void.
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FROM: StCroix Valle~ Comm Foundation PHONE NO. 612 439 8487
OCT 29 '$ 11: sa L1EBERI'1=1N&RSSOC:t~"!"e:s
Oct. 29 1996 01:33PM P4
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7.11 Definitions.
As used in sections 7.09 and 7.10,
a) IIPublic Officer" means an executive or administrative officer of the
City of Stillwater or any subdivision, agency or commission thereof,
whether elected, appointed or otherwise designated.
b) "Public Employee" means a person employed by or acting for the
City of Stillwater or any subdivision. agency or commission thereof
for the purpose of exercising their respective powers end performing
their respective duties, and who is not a public officer.
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c) Any person who had been elected. appointed or otherwise
designated as a public officer or public employee is deemed, for all
purposed of sections 7.09, 7.10 and 7.11, such officer or employee
although the person has not yet qualified therefor or entered upon
the duties thereof.
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Submi tted b.y Charter Commissi on for di"scusston a,t Council W.orksllop
b) A public officer who is found to have knowingly violated this provision
shall be guilty of a gross misdemeanor pursuant to Minnesota Statutes
Chapter 471.87.
7.10 Public officers, interest in permit's, licenses or zoning; penalty.
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a) Any public officer who is authorjzed to take part in any manner in making
any permit, license or zoning decision in official capacity shall not voluntarily
have a direct personal financial interest in that pennit, license or zoning
decision or personally benefit financially therefrom. The existence of any
such direct personal financial interest or benefit is, in all instances, deemed to
be a conflict of interest.
b) Except as otherwise provided by law, every public officer shall fully and
publi~ly disclose all material information pertaining to conflicts of interest as
they arise and shall in all instances recuse themselves from participating in
any discussion or decision making with regard to such conflicts of interest.
c) A public officer who is found to have knowingly violated this provision
shall be removed from office.
d) Any permit, license or zoning decision promulgated or otherwise entered
into in violation of this Section 7.10 is null and void.
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Request to refinance Multi-Family Revenue
Bonds (Cottages of Stillwater)
DA: October 29, 1996
Discussion:
Attached is a letter from Miller & Schroeder Investments Corporation on behalf of Harold
Teasdale - Orleans Homes Limited Partnership Project and Orleans Homes Number Two Project
- requesting that the City of Stillwater cooperate in the refmancing of the Multi- Family
Revenue Bonds issued for the Cottages of Stillwater projects. The purpose of the refmancing
would be to take advantage of the lower interest rates that are available in today's financing
market.
Diane is at a professional seminar this week and was unavailable for the meeting tonight.
However, Diane has discussed this request with Laura Ekholm, Senior Vice president, Miller &
Schroeder. Diane had recommended to Laura , that Miller & Schroeder work with Washington
County HRA to obtain the refinancing. It is my understanding that HRA issued the original
bonds and it appears that Diane's reasoning was that the refinancing (of housing bonds) should
also be done thru HRA as well. Diane also informed Ms. Ekholm that if the City of Stillwater
were to be involved she would recommend that the fees to be charged by the city should be
similar to that which is charged by HRA (and other entities).
As I understand it, the fees suggested by Diane would be 1/4 of one percent of the amount to be
refmanced and that the requester would also have to pay all other costs associated with the
refinancing such as legal fees, financial consulting fees, and bond counsel fees. In addition Diane
had suggested charging a reasonable fee (as allowed by law and which I understand to be
somewhere between 1/8 to 1/4 of one percent of the outstanding balance of the bonds for the life
of the bonds) for continuing administration costs.
If the Council agrees to the refinancing I would recommend that the City follow the
recommendation of the Finance Director. I would further recommend that the city conduct a
"diligent" review of the refinancing to insure that the risk of default is minimal and that the tax
exempt status of the bonds are maintained thru the life of the issue.
The Council should be aware that there is a concern on the part of the City's financial consultant
and others that I have talked to, that, although these bonds are considered conduit financing
bonds, are not a general obligation of the City, and that the bonds do not count against the city's
bank qualification limit, there is a requirement that the city use due diligence to determine that it
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is reasonable to believe that the bonds will be paid and that related issues such as maintenance of
the tax exempt status are addressed. Although I am not personally aware of any case where a
city actually suffered monetary damages in a default case or a loss of tax exempt status (in
which case the bondholders could be required to taxes retroactive to the date of issuance), there
is always that possibility as well as the damage to the good name of the City if a problem occurs
(e.g., the City's name is usually included on the bonds).
In any event, pursuant to the direction of Mayor Kimble, this matter has been placed on the
agenda for the 4:30 meeting. Ms. Ekholm will also be at the meeting to further explain the
request to the Council.
Recommendation:
Council consider refinancing request for the Cottages of Stillwater project.
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· :lll Miller & Schroeder Investments Corpora~i~~""" ....
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Pillsbury Center · 220 South Sixth Stn.'Ct · P.o. Box 7lN · Mitmtlapolis, Minnesota 55440-0789 · (612) 376-1500
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Ms. Diane D~blon
Finance Director
City of Stillwater
2~6 North Fourth Street
Stillwater, ~1N 55082
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RE: COTTAGES OF STILLWATER
Dear Ms. Deblon:
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We would like to work with the City of Stillwater to refinance the Multi-Family Revenue
Housing Bonds issued for the Orleans Ilomcs Number One Limited Partnership Project
and Orleans Homes Number Two Project located at the intersection of Cottage Drive and
County Road 5 in Stillwater. Minnesota, The Projects were originally built and financed
in 1987. The project owner would like to refinance the bonds pursuant to the option
redemption feature in the indenture, for the purpose of reducing interest costs. The above
mentioned transactions have changed their nan1cs to Cottages I and II. The enclosed term
'sheet will describe the purpose of the pnr,mneters of the proposed refunding.
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" The team is proposing to work with the City -of. Stillwater and its advisors to refund the
, private activity bonds. The City ofStillwaler ~n it~ role as the issuer would be required to
follow the fOUOwlt1g procedures: I
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1. Preparation and publication of a nOlice of public hearing to be published in a
newspapct circulating within thc City (Bond Counsel would prepare and
provide fo~ publication if deslfed),
2. Hold a public hearing on the issuance ofthe refunding bonds,
3. Adopt a bond sales resolution approving the issuance of the bonds and the
execution and delivery of relevant documents (again. Bond Counsel would
prepare the resolution form and related substantive documents),
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Ifissued by the City, because the bonds would not be SOl (c)(3) bonds or "governmental
bonds". they would not count against thl.~ ('it y' s $10 million bank qualification limit. In
addition, the_repayment ofthe bonds would not be secured by the City's credit. and would
be payable solely from payments made hy tll(~ project owner and any other third party
security pledged to pay the bonds. N(mc of the City's assets. credit, or taxing power
would secure these bond5, The bonds would not count toward indebtedness limitation.
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'We would like the opportunity to mee.t with you at your earliest convenience to discuss
the above mentioned transaction. In order to meet the terms of the optional call
provisions the refunding would have to be cl)mpleled in early November. lfyou have any
questions or would like additional information, please feel free to contact us.
Sincerely,
;ffztt-1() 5.J(/;tl"l) ( /'-
Laura Ekholm
Senior Vice President
Enclosure
cc: Honorable Jay Kimble
Nile Kriesel
Harold Teasdale
Barb Portwood
Kent Richey
Pat McMullen
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COTTAGES I & II
SrfLL WATER, MN
TERM SHEET
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Issuer: City of Stillwater
Owner: Orleans Homes Number One and Orleans
,
I Iome Number Two, both are Minnesota
Limited Partnerships.
Contact: Harold Teasdale
Approximate Amount of Refunding Bonds: Phage I - $1,800,000
Phase Il- $2,640,000
Bond Counsel: Leonard Street and Dienard
Contact: Barb Portwood
Underwriter: Miller & Schroeder Financial, Inc.
Contact: Laura Ekholm
Undelwriters Council:
Faegre and Benson
Contact: Kent Richey
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Security for Bonds:
first Mongage, Assignment of Leases and
Rents; and Historical Debt Service
Coverage
Use of Funds:
TO call/refinance the original bonds issued
in 1985 and 1987, to reduce the interest
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Meeting with MN/DOT on
historic lift bridge issues
DA: October 25, 1996
On September 30, 1996 Steve Russell, Dave Magnuson and I met with the following MNDOT
officials: Mark Benson, Jim Kovisto and Jack Pirkl to discuss issues related to the Historic lift
bridge. Mr. Benson is the project engineer for the new bridge and Mr. Kovisto and Mr. Pirkl are
responsible for the maintenance of the historic lift bridge.
The primary purpose of the meeting was to determine the level of current and planned
maintenance of the bridge and to determine what the position of MNDOT is regarding the future
of the bridge. This matter was brought to the Council by a delegation representing River Town
Restoration ("RTR").
The individuals, in their meeting before the Council on August 20, 1996 cited a letter that
MNDOT officials sent to the division administrator of Federal Highway Administration
("FHW A"). The letter referenced the position of the National Park Service ("NPS") which is: that
if a new bridge is built, the existing lift bridge would need to be removed because of their policy
of non-proliferation of structures crossing the Lower St. Croix National and Scenic Riverway
(LSCNSR). The letter also points out that the NPS continues to disagree with the Federal
Highway Works Administration position that: because none of the build alternatives require its
removal, the disposition of the existing historic lift bridge is a separate issue which will be
resolved through a separate public decision making process. The letter goes on to state that the
NPS will accept a commitment that the existing bridge will be removed at the end of its useful
life for carrying vehicular traffic safely (which FHW A estimated "probably does not exceed 10
years").
The language that caused RTR to be concerned was the following statement by MNDOT:
"that in recognition of the impact of the purposes for which the LSCNSR was designated and in
recognition of the impact of the proposal on those purposes we agree:
1. That only normal maintenance will be performed on the existing Stillwater
bridge and that the estimated useful life is 10-15 years.
2.
That the existing Stillwater bridge will be removed within 10 years of
completion of the new bridge. Any necessary compliance procedures will be
completed as part of this decision making process to insure that we can make
such a commitment."
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In our discussion MNDOT officials emphasized that the last sentence contained in the letter to
FHW A acknowledges that there is a process that will have to be followed in order to remove the
lift bridge. More specifically the removal of the bridge would be subject to further review .
pursuant to 36 CFR 800 for any future changes in jurisdiction or disposition. In other words the
bridge will not automatically be disposed of or changed as a vehicular traffic carrying structure
without a formal review process.
In regards to the maintenance issue, MNDOT provided staff with a schedule of past maintenance
activity/costs, a summary of the current condition of the bridge as well as the cost of the work
that will be needed over the next few years. The summary (attached along with past maintenance
schedule) indicates that the work will be between $600,000 to $1,000,000. Some ofthe work,
such as adjustments of the counterweights and replacement of electrical cable have already been
completed. However, as the summary shows the other more costly work will appear to be
necessary to insure that the bridge remains operable for a reasonable time period - especially in
view of the potential delay that is being caused by the position ofNPS that the new bridge is a
"water resource" project (obviously the longer it takes to build the new bridge the greater the
impact will be on the useful life of the old bridge. Unfortunately this doesn't appear to be a
concern of the NPS or of the other agencies/organizations that are opposed to the new bridge).
In any event MNDOT officials stated that they will continue with normal operation and
maintenance of the bridge. They also indicated that they are in the process of setting up an in-
house task force to develop and implement a schedule for addressing the bridge repair items
listed in the summary.
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In regards to the truck traffic and weight issues~ staff has contacted the commander of the
commercial vehicle enforcement area for this district. The commander stated that limited
resources prevent the regular use of portable weigh stations and that enforcement tended to be
sporadic. The commander did say that in view of the contact by Stillwater officials the State
Patrol would increase the enforcement activity.
The commander pointed out that in addition to the limited resources (especially in the number of
personnel available) there was also a limited number of portable scales available. The
commander suggested that if the weight issue is of great concern the City may want to consider
purchasing the scales and have our local enforcement personnel perform the weigh activities on a
regular basis (any licensed peace officer is authorized to perform the weight enforcement
activities). The scales are about $3000 each and up to six are needed depending upon the size of
the truck. It may be possible that other communities in this area may be interested in renting or
sharing in the purchase of the scales for use in their community. I will pursue this if the Council
so directs.
In regards to the community based planning effort related to the preservation and rehabilitation
of the lift bridge, I would recommend that the Council include this as a Planning Department
work program for 1997. Historic Preservation interests would be represented in the process. I
would further recomend that staff be directed to continue to work with MNDOT to ensure that
adequate maintenance is performed on the lift bridge.
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.. (RTR) f8[; Program Development Consultants
. ~ . 1728 Hague Avenue
DAD St. Paul, Minnesota 55104
.:1:1."1.11:1:1111..-. 645-4267' 644-2156 (fax)
RIVER . TOWN. RESIORATIOM, me . email: mlhpdC@bitslream.com
P.O. Box 702, Stillwater, Minnesota 55082 Mat Hollinshead, consultant
http://freenet.msp.mn.US/lp/culture/rtr/top.htm
August 29, 1996
TO: Nile Kriesel
Dave Magnuson
Steve Russell
FROM: Brent Banchy, president, RTR
Don Empson, member, RTR
Mat Hollinshead, consultant, RTR
RTR proposes three steps to clarify the situation of the Lift Bridge and begin to protect it for
eventual preservation and rehabilitation and/or reuse:
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1. The City of Stillwater formally inquire of the National Park Service and of the Minnesota
Department of Transportation why the April 1995 agreement was made and why it has not been
annulled;
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2. The City of Stillwater formally request of MnDOT that weight restrictions on the bridge be
narrowed and enforced;
3. The City of Stillwater consider legal action as appropriate in light of apparent deception by
transportation authorities during the consideration of the new bridge options.
4. The City of Stillwater initiate and proactively participate in a community-based planning
process, to be completed within a year or other predetermined and reasonable timeline, of
preservation and rehabilitation and/or reuse of the Lift Bridge, with RTR and other groups or
jurisdictions as appropriate.
.. .~ 'Z7'g$ 1lI11za-M WIS DOT t-U\'S ADMIN
~ cl>>)
e ;.s.". OF T"~
~Unnesota
Department of Transportation
Transportation Building
St., I~aul, Minnesota 55155
Otrice or Conunlulunc:r
..~
April ~.5, 1995
(81::1) 2\)6'3000
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Hr. Alan It. staqer
D!vi.ioD Administrator
Federal HighwaY'Admini.tration
Sui'ta 490, He'tro Square BUilding
7th Place and ~b.rt S~e.t
S~. Paul, Hinn880ta S~101-~333
Dear Hr. Stegar:
As a cooperating agency in 'the d.velop=en~ o~ 'the environmental
Upaot statement eElS) for the proposed new bri4g8 eVer the at:.
croix River at stillvater, XiMBBct., ~8 NAtional Parlt Servioe
(141'15) '='.lLlILa.~a\1. .J.~n.L..t.1.~)~ CO'n06Vn_ IO"OI61"U"!f "-hill OO~O~a__ion o~
"7:' aMi 't-i nnl\ ,. h'ri nqAR cavar the Lovlr B~ nt croix Nationa.l Scenic
....5;j~verway CLSCNSa). 'n1. BPS Z'e~.ndQ4 that a No BUilc!/'lTu::tic
. ~Y8tem Managamant:. Alt;~at:iva be developed to solve tZ'a::tio
problems in the area. . They alao stated thai: i~ a c:leoision 'to
oOJ\Obuot 3 now bridg'a was "mad.. thl\" th,. AYiRt,1ng NationAl
Rog!s~Qr Xis~oric lift brid;s in S~il1~tar should be removed, in
accord~noQ wi~ their poliqy.ot ~on-p~olifaration ot structur..
ero_sing the LSCNSR and 1:0 preserve the qual;1:t1es for Which !t wu
lIet aside foZ" prcteC'ti.on by Congress. ~o address thA impacts ot
removin~ the exia~tn9 bridge, tbe BPS Z"eCOmmendedthat the EIS
include an al1:ernativa t:ha1: replaoed the existing- bridge with a naw
Structure. Their expressed. preference in rBq~ to such an
alterna~iv. was not to replaca th. bridge at the existing bridge
.ita, but in a different looation.
We Understand that, based on the NPS's reviews 1:0 date, the NPS is
not a})la to refUte the' tindinq cf the Supplemental Traffio AnaJ.ysis
Report tha~ IS. new bridge 1. needed 1:0 sol v. the 'tran.ponation
problems in the araa. TheratOl:e they have deterrad 'to the
expertise 0% the Federal Highway Adininist:rat:.ion (FBWA) in this
field ot traffic analysis. Boweva:r, 'the NPS cQnt:inues to disaqre.
with the FHWA posit.ion that because none ot 'the build altern~tives
requi~8 ita removal, t:ha disposition ot the exi.stinq historic lif't
l:lri49'_ is' a separate issue which will be ra.ol vad through a
separat.e public deciSion-making proca8..
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Hr. Alan R. Steger
April 2~, 1~1!J
Pave 'Ilio
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~he ~D .Qi~~gin. ~a. ~. di.poai~!on of ~. cxi.tin9 ~ri4g. ia
inteqral to thi. deoi.ion-aakin9 proc.s. and that & decision ~o
build a new brid~.. acre.. the IJICNSR vill illlpaot the quAli-ti... tor
which the river WJl~ d.-1qnatec1 by Cong:-eas. The NPS uintain. tha.t
it a ra8\.' bridge 18 to be constructedp 'tha existing- bridge shoUld be
removed a. & measure to JdnimiZQ hU"1lL t.o the LSCN~ and proteot ita
scanic qualities. . . '
1'he NPS unaorstanc1s that the 1bldiate remo'lal of tha .xi 111:1 ng
bJ:idge may not ,be a viable aeaaw:e to lIlinimiz8 hum to the LSCNBR.
Howaver, the NPS vill accept a caul Quant that the exiltin9 br idga
will be remaved at the and ct it. usafu1 11 fft fo..- nA~1l"1g
vehicular t:rat~ic safely. ~n 1990, the draft envU-07JUntal impact /'
.tatement indicated. that the 'expected useful lifa ot the bridge Was II'
8-1.! year.:. Therafore, the rea1ning ucatul lito prob:1bly dOQe not
exceed 10 years.
In ~eOo9nition ot the P\U'polltls':for Vh~ch"tha LSQNSlt Was designa1:84.
and in raccu;ni t:ion of the a~act of th. proposal on those purpose.,
, wa ag:r:ee I
1. nat only nOrmal ~1ntenance v111 be. pe2:tot'med on the eXisting
Stillwater bridge and that the eatuus.t:.e4 U5etul lita i. 10-15
~eaZ's.
.... . to' . .:. .:,1'~-,~:--:- ~--:'___ _ .
:II .~~:;;~.Tha~ :.the'exiatincirst.111watu"iifldge "w111"be remoVed within 10 .
yeiu..'::'Of -~'COmplei:ioii'''iot~~e' ~ new b:-idge.;" Arry necessary compliance
'pJ:Ocl!aw:vv will' ~ "'~'''03aP1tltA4 as put of thi. dee!.ion 2Ilaking
prooess. to insure that. we can make such a commi~ent.
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Sincerely,
I concur,
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Charles ~. ~hompson .
Secretary
Wisconsin D01'
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C' , 10
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MEMORANDUM OF AGREEMENT
WHEREAS. the Federal Highway Administration (FHW A) has determined that the
Trunk Highway 36/State Trunk Highway 64 New St. Croix River Crossing Project
will have an effect on the Bergstein House and Shoddy Mill. the Log Cabin. and the
Stillwater Overlook, Minnesota properties which are eligible for the National
Register of Historic Places. and has consulted with the Minnesota State Historic
Preservation Officer (MnSHPO), the Wisconsin State Historic Preservation Officer
{WisSHPOI. and the Advisory Council on Historic Preservation (COUNCIL) p.ursuant
to 36 CFR 800, regulations implementing Section 106 of the National Historic
Preservation Act (16 U.S.C. 470f); and
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WHEREAS, the Minnesota Department of Transportation (MnDOT) and the
Wisconsin Department of Transportation (WisDOT) participated in the consultation
and have been invited to concur in this Memorandum of Agreement;
WHEREAS, MnDOT and WisDOT have indicated that the Stillwater Lift Bridge, a
property listed on the National Register of Historic Places and located in both
Minnesota and Wisconsin, will remain on the states' respective trunk highway
systems, will not be affected by this project, and will be subject to further review
pursuant to 36 CFR 800 for future changes in jurisdiction or disposition;
NOW, THEREFORE, FHWA, MnSHPO, WisSHPO, and the COUNCIL agree that the
undertakin'g'shall be implementetl in accordance with the following stipulations in
order to take into account the effect of the undertaking on historic properties.
STIPULATIONS
(
FHW A will ensure that the following measures are carried out:
1. MnDOT will complete a historical documentation study on the
Bergstein House and Shoddy Mill, in accordance with the Secretary of
the Interior's Standards for Historical Documentation. THe Research
Design will be developed in consultation with and be approved by the
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5. Should the MnSHPO object within 45 days to any plans, designs,
or specifications provided pursuant to this agreement, FHW A shall
consult with the MnSHPO to resolve the objection. If the FHWA
determines that the objection cannot be resolved, FHW A shall request
the further comments of the Council pursuant to 36 CFR 800.6(b).
Any Council comment provided in response to such a request will be
taken into account by FHWA in accordance with 36 CFR 800.6(c)(2)
with reference only to the subject of the dispute; FHW A's
responsibility to carry out all actions under this agreement that are not
the subjects of the dispute will remain unchanged.
MnSHPO, and a draft of the documentation will be submitted to
MnSHPO for review and comment before final submittal to MnSHPO.
While the emphasis of this documentation should be historical, historic
archaeology and architecture/engineering documentation will be
considered for incorporation into the research design, as appropriate.
No alteration or demolition of the property will occur until MnSHPO
has approved the final documentation.
2. MnDOT wi\\ develop design plans for project eJements in the
vicinity of the Log Cabin in consultation with MnSHPO and will submit
these design plans to MnSHPO for review and concurrence. This
review will include the frontage road, access points to parking areas,
landscaping, and any other project-related changes to the setting of
the Log Cabin.
3. MnDOT will develop and implement a plan for the Stillwater
Overlook in consultation with MnSHPO, and will submit this plan to
MnSHPO for review and concurrence. This plan will address identity
and access for the area, rehabilitation of the structural and landscape
elements of the overlook, interpretation at the site, and a long range
maintenance program.
4. The design for the new bridge will be developed in consultation
with MnSHPO, and will be submitted to MnSHPO for review and
concurrence. The design will take into account the qualities of the
historic vista of the St. Croix Valley as, ~een from the Stillwater
Overlook.
., to
Execution of this Memorandum of Agreement and implementation of its terms
evidence the FHW A has afforded the COUNCIL an opportunity to comment on the
Trunk Highway 36/State Trunk Highway 64 New St. Croix River Crossing Project
and its effects on historic properties, and that FHW A has taken into account the
effects of the undertaking on historic properties.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
By: ~Jz!)- (1.J
Name and Title of Signer: J{'; . , .' - h
f;y~ ~y-
Date:
1J./8/77'
FEDERAL HIGHWAY ADMINISTRATION
O-t-.<;;' ~ lll2..9('1'+
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By: I v,,~- (, \ V.....'''-f "r-~ Date:~U( '" I I 1
Name and Title of Signer: A\"~ F V"\C::., c:..N e'
Y'C"'o '\'"...'" o,:)e t ,.'1'" N' ..."\ \~c:.c:. t"'
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MINNESOTA STATE HISTORIC PRESERVATION OFFICER
By:lt,u,U!- ~.' CJAch~t .
Name and Title of Signer:
Date: I( ,.,( 3/ Ci tj-
I
WISCONSIN ST ATE HISTORIC PRESERVATION OFFICER
By:
/7 d:J f)
Uft'4---Ir~/~/~
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Date:JJ ~,cit ~~
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lift Mechanism: The lift mechanism has malfunctioned several times during the 1996 "lift
season" - mainly due to problems with the electric drive system. The counterweights also
had to be adjusted - concrete blocks were removed from the west counterweight and
placed on the east end of the lift span. The 32 counterweight cables (1-1/2" dia.) were
replaced in 1970. The 8 uphaul/downhaul cables (7/8" dia.) are subjected to greater wear,
and require more frequent replacement (individual cables were replaced in 1982, 1988,
and 1995).
Bearing Devices: The "rollernest" bearings (total of 12) all have severe corrosion and are
not functioning properly. The "bearings should be r~placed with elastomeric pads
(estimated cost - $30,000).
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Substructure: The concrete piers are in fair condition - there is a band of deep (2" to 4")
scale around the waterline on each pier, and spalling (exposed rebar) along the top edges
of some piers. Through the years there has been settlement and movement at the east end
of the bridge (Pi.er #8 and East Abutment). Annual soundings have indicated minor
scouring of the river bottom around the east piers. A consultant performed an underwater
inspection this summer - see bridge office for report.
Roadway Deck: The concrete roadway deck was replaced in 1973 (bare deck, no overlay).
The underside of the deck is in good condition, with a moderate amount of transverse
leaching cracks. The wearing surface is also in good condition, with some "duracal" ,
patches. The sliding plate expansion joints should be eventually replaced with strip seals to
prevent corrosion of the superstructure below. The estimated cost of a concrete overlay
and new expansion joints is $225,000
Sidewalk: The concrete sidewalk deck (original 1931) is badly deteriorated - the surface
has extensive patches (80%), and the underside has extensive spalling (exposed rebar). The
steel "channel stringers" supporting the sidewalk have severe corrosion with numerous
holes in the web., The ornamental steel railing along the sidewalk has extensive corrosion
and paint failure (section loss along the top bar). The concrete sidewalk and supporting
"channel stringers" should be replaced, and the ornamental railing should be repainted
(perhaps refurbished offsite like the Mendota Br.) - estimated cost $100,000.
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,n6/03/96 PAGE '169"
DOE' . . cONT" . RouTE' . REFERENcE' " . FEATuRE' . . : . . . . . . ~, . . . .. . . . . TYPE' OF' . . . . . . NO' . . . . TOT Ai. ... . BORi DOE' . . . DO' MA . ~ YEAR' YEAR' . oPEN' . · . .
8ER SECT NUM8~ pOINT " CROSSED MAIN SPAN' SPN ~ENGTH RD~YHDTH I ~I SlT REM TRAfF
............................................................,........................... ............ ......... ... ................
:lJECTlWORK 'PROJECT HORK 8DR TYPE .' BRIDGE REASON PRODUCT MAN' MATERIAL LABOR EQUIPMENT. TOTAl
JMBER . ' DATE'. AGENCY ,~. HORK nEM' RE~AIR: UNITS HOURS ,COST COST' COST COS
. . . . ~ . . . . . . . . . . . . ~ . . . . . . . . . '. ~ . . ~ . " . . . .'. . . . .... . . . . '.' . . . . . . . . . . . . . . . . . ': . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 8217 ~62~5+QO.35~ OV,ST CROIX R,&,CITY ST * STL MOVEABLE
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RD FIL~
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RD FILE
RD FILE
10 1,053.0 23.0 .0 9 9A 1930 07-31
172,741 .' 172, 7~
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2,935 2,~.s
2,696 2,69-
2',587 2,58
'3,311 3,31
283 28
2,602 ?,60
2,123 ~,12
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4,506 4,50.
1,317 1,31
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85 2,290 7 2,38
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4,038 4,03.
1,1~6 ' 2,332 211 3,66
2Q 283 27 33
615 61
677 67
10,2~5 10,2~
MN/DOT BRIDGE INVENTORY'
lISTING OF HORK .
BY BRIDGE NUMBER
30 CONTR OR~GeONST, BRIDGE
~~-31-47 '~AINT OPERATIONS,'RlP.G~ ~PER~TH
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l2-31-4~ MAI~r opeR~T~ON$ BRIDGE OPER~TN
1~-31~4~ MMNT ' ~~ERATION~ BRI~GE OPER'TN
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, 'J2-~1-S~ MAINT ' , , OPERATIONS BRID~E 'OPERPTN
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PAGE
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CITY OF STILLWATER
MEMORANDUM
Mayor and City Council
Klayton Eckles, City Engineer V- 't -/
DATE: October 29, 1996
TO:
FROM:
SUBJECT: Proposal to Install Methane Monitoring at Olive Street Dump Street
Job No. 9607
DISCUSSION
We just received a letter from the MPCA approving the methane monitoring work plan for the
Olive Street dump site. The proposal involves installing five shallow monitoring wells and
monitoring them over a two month period. The results will determine if any corrective actions
are necessary and provide information on the methane source.
Service Environmental has given us a proposal for completing this methane monitoring as shown
on item 1.0 of table one attached. The estimated cost is $9,788,00. Ifthe work can be completed
prior to freeze up this cost may be reduced.
RECOMMENDATION
Staff recommends council accept the proposal from Service Environmental to install a methane
monitoring system for a cost not to exceed $9,788.00.
....,................-..:-__.._~~~~.,~---~'"~.c--.,~;;;"....:.,_"~~...\:.....':-~..\,:'c.~.:.:::,~~:.;~~.;.;~.:.~.~~_ .,"-~
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Minnesota Pollution Control Agency
-----
P08H~ F~ Nate 7671
Ta
Fl1d
Mr. Klayton Eckels
City of stillwater
216 North Fourth Street
Stillwater, Minnesota. 55082
Deaf Mr. Eckels:
RE: Olive Stxeet Dump. Deer Path Site
MPCA Project Number 7590
Dear Mr. Eckels:
The Minnesota pollution Control Agency (MPCA) stafi'in the Voluntary Investigation and
Cleanup (VIe) Unit has reviewed the "Phase II Subsurface Evaluatio~ Lots l~ 2, 3~ 4, S,
and 6, Deer Path. Stillwater. 'Minnesota" (phase n Report), and the "Metbane Monitoring
Work PIau" (Methane Work Plan). for the above.referenced propet1ies in Stillwater (the Site).
The Phase n Report, dated 1uly 18, 1996, descn"bcd the results of a subsmface assessment of
the Site to detennine the appro~te depth, locauOJ1, and nature of dump and dump cover
materials. The Phase n Report also briet1y discussed the methane detected in several of the
soil borings, and recommended that further investigation of the extent and magnitude of
methane at the Site be conducted. The Methane Work Plan proposes installation of several
methane wells and monitoring of ~thane levels for a two month period at the: Site.
Based on the :MPCA staffs review~ the Phase II Report and the Methane Work Plan are
hereby approv~ subject to the disclaimers in Attachment A, and the Methane Work. Plan
Modifications in Attachment B,
zoo 1m
520 Lafavette Rd. N.: St. PaUl, MN 55155..4194; (612) 296-6300 (voice): (612) 282-5332 (TTY)
Regional OffIces: Duluth. Brainerd. Detroit Lakes · Marshall · Roehester
~quBl Opponunlty l:h1ployer' Printed on rec;.ytled paper containing allea&\ 10'/0 IIbGrs from paper recycled tly CQll6l.\1TlB1'5.
f>N3 AN3 3::> LUI3S
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ATTACHMENT B
MEtHANE WORK PLAN MODlFICAnONS
Olive Street Dump Site
1. The MPCA staff'shall be notified at least five working days prior to the initiation of field
investigation acti~tie' at the Site.
2. A methane monitoring well shall be installed on Lot 4 at the Site) in a suitable location. If
feasible) an additional methane monitoring well shall be installed. off-site, in an area. known
or suspected to have peat deposits. in order to evaluate background methane levels.
3. The m.ne wells shall be removed upon completion of all monitoring acti"'lities.
.
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'fAJJLE 1
PREL~ARYCO~ESTIMA~
Fonner Olive Street Dump
Preliminary Potential Response Actions
Stillwater, MinoeMrta
Res ome Amon Uoita Unit Cast Estimate
4'
..
toO :r..ve MctbaDe M ODitoring System
Methane Monitoring Point rnsta1la\ion (5 Locul.ions
EngineeringlPtoject ~emcml
F'tve monitoring r:Y
Methane anal
2.0 Active MethaDe Monitoring SystelJl
Methanc Monitoring Point InlltBllation (5 Residences
Engineering/Project M~ement
Monthly Monitoring/Calibration
3.0 CompMe a FotUsed F ea!libility Study (FFS)
Principal ScientistlEllgID
Associrae Sck:nti.'l"JEngin~
ScientistlED~
Cll~Ory
59,788.00
6.0 each $600.00 $3,600.00
1.0 each $2,500.00 $2,500.00
5.0 t;3Ch $300.00 \ $1,500.00
220.0 tni1c:s $0.40 $88.00
30.0 cacb $10.00 \ S2, t 00,00
S24,800.00 \
5.0 Each 53,000.00 I $15,000,00
1.0 Each S5,OOO.00 I $5,000.00 I
12..0 Month5 $400.00 I 54,800.00
3,0 Rours
80.0 limn
25.0 Hours
4.0 Passive Methane YentillltloD Sy!ItCm
"french Installation/Site Rt:$[ormon 350.0 tn. Ft.
EnginceringfProjcct Managanctl1 1.0 Each
Strip 12" 'From Sur 6066.0 Sq. Y ds.,
Geo-S}llthelicFabri 6666.0 Sq. Yd.<t.\
1nstall Geo?YD.tbetic FabricJSandLayer 6666.0 Sq. Yds.
Jnsta115" Salld t.aycrlfopsoillReveget 6666.0 Sq. Yds.
LoadlIransportlDispose oiStripped 31 00.0 Ton~
Etlgino:ringlProj~Manaaeme.nt 1.0 Each
7.0 EXClvate lI11d Dispoll~ of An DebrbrlB4ck:fil1lRevegetate J
ExcavaLe (100" 67 · 1.5 YardS 10050.0 Cu. Y
l.oad/Trao1lpOrt To p~ F~ 15075.0 Tons \'
Dispose ofRefusc at Permitted f: . 15075.0 TODS
Stoc;:kpile Clean Matl;ri 2000.0 Cu. Y ds
BacldiDlCo 10050.0 ClL YdS1
R~e:e.etat 6666,0 Sq. Y cis
EngineeringlProject Managemc:nt 1.0 Each
unllee Debris Remtdlo.tiop (100' * 300')
8.0 Complete a BuDdinR Conditions (strudUraI) Survey
Building Coa.ditions Survey (On-sitc Building Observalio!ls
. Drill Verification Soil Boril1gs1Soil T .
L ,__- Project Maoagcmc:nt
oteI Hydro-seeding sloped areas will reduce rcvegemtioD eOsts.
9001m
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350.0 Ln. 'Ft.
1.0 Each
1.0 E8ch
3.0 Houses
3.0 l-louscs
24.0 Hounl
5650.00
Sl.560.00
$85.00
Options 1 + ~ + 6 ~
Options 1 + 3 + 4 + 6 =
o nOlls 1 + 2 + 3 + 6 =
Options 1 + 3 + 7 =
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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-26
October 15, 1996
SPECIAL MEETING
4:30 P.M.
The Meeting was called to order by Mayor Kimble
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Finance Director Deblon
Fire Chief Ness
Chief Beberg
Administrative Assistant Cordes
City Clerk Weldon
Ed Cain, Legislative Associates
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
1. Pedestrian Path. Autumn Wood Addition
Richard Miller, 801 Autumn Way, expressed safety concerns with the current design of
the pathway.
City Engineer Eckles presented three recommendations for adding safety features to the
trailway design: install barrier at top of trail which would require bikers to dismount in
order to pass; signage cautioning of steep grade; and row of bushes near bottom to
dissuade cross cutting out on to the driveway. These modifications would be installed at
city expense.
Motion by Councilmember Thole, seconded by Councilmember Zoller directing the pedestrian
walkway through Autumn Wood Addition be Installed in same location with safety
modifications. All in favor.
2. Request for parkin~ restrictions - Forest Hills
Angie and Mike Steinbach, 1501 S. Harriet, and Bill Kindseth, 705 W. Orleans, requested
parking restrictions be added in the Forest Hills area near the Stillwater Junior High due
1
-"'. .~.....
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 96-
249, authorizing participation in the Suburban Rate Authority and designating a representative of
the City.
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None
Mr. Kriesel provided Council a copy of a MnDOT news release stating a possible delay
in the letting of bids for the new St. Croix River Bridge due to Federal review. He stated
he had requested Ed Cain, Legislative Associates, to investigate the cause and determine
what could be done to assist the process to remain on schedule.
Mr. Cain reported on the lawsuit filed by the Sierra Club and Voyagers Region National
Park Association and the reclassification of the project as a "water resources" project by
the National Park Service.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff
prepare letter of objection to the Park Service's interpretation of classification of the new St.
Croix River Bridge and directing letters be sent to members of the Congressional delegation and
appropriate agencies. 4-0-1 (Zoller abstain)
Motion by Councilmember Thole, seconded by Councilmember Cummings to recess to
executive session at 5 :40 p.m. All in favor.
Mayor
Attest:
City Clerk
3
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STILLWATER CITY COUNCIL
CITY COUNCIL MEETING NO. 96-26
October 15, 1996
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Finance Director Deblon
Engineering Technician Moore
Planner Fitzgerald
City Clerk Weldon
Press: Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of October 1, 1996 Regular and Recessed Meetings. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Up With People - Advance Team
Three members of "Up With People" international cast were present to promote their
upcoming Nov. 2 performance in Stillwater. They explained the Stillwater performance
was being sponsored by two local businesses but host families were still needed to house
the students during the week of Oct. 30 - Nov. 3. Mayor Kimble encouraged residents to
host the students and also attend the performance on Nov. 2.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve consent
agenda.
4
, '.:"';',~ ~_~ ~~:t~, -
Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble
Nays: None
5.
6.
Directing Payment of Bills. (Resolution No. 96-245)
Dissolving Joint Powers Agreement - BCWMO. (Resolution No. 96-247)
1-4 day temporary on-sale liquor license - Early Childhood Education Silent Auction.
Accepting Work and Approving Final payment to Hydrocon for Wildwood Pines 5th.
Addition, L.I. 309, and Calibre Ridge, L.I. 313. (Resolution No. 96-246)
A VI Change Order No.1, City Hall Building Project. (Resolution No. 96-248)
Proposal Request No. 18, City Hall Building Project.
-
1.
2.
3.
4.
PUBLIC HEARINGS
1. This is the day and time for the assessment hearing for Pine Street Improvements, L.I. 295
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and notices
mailed to affected property owners.
Eckles provided information on the project.
The Mayor opened the public hearing.
Shelby Prentiss, 1216 W. Pine St., expressed concerns with lack of notification of water
service replacement and cost of the project. She also requested extra police patrol and
stop signs for speed control.
.
George Anders, 1210 W. Pine Street, stated the cost for water service was too high, there
was no notification of water service replacement, there was damage to his home and
property as a result of the project, and he was not satisfied with the quality of work.
Jim Tibbetts, 502 S. Hemlock Street, expressed satisfaction with the project and felt the
job was well done.
Geofrey McCarthy, 1304 Pine Street, stated he had opposed the sidewalk because it
reduced his privacy and stated he did not want a bike path on the same side as the
sidewalk. He also expressed dissatisfaction with some broken areas in the apron and
curb.
Richard Hill, 1619 W. Pine, reported the sodding trucks were driving over the sidewalks
and causing damage, but overall felt the job was well done and staff had quickly and
honestly answered his questions and concerns during the project.
Joel Button, 1509 Pine Street, stated he was impressed with the improvement and had no
damage to his property.
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Chester Prentiss, 1216 W. Pine St., questioned why the power poles were not in a straight
line. Tim Moore explained the line of placement was adjusted because of underground
gas and water lines.
The Mayor told the residents to contact the engineering department with any
construction/quality concerns.
The Mayor closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Zoller adopting Resolution
96-251, Adopting Assessment for Pine Street Improvements, L.I. 295.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
NEW BUSINESS - taken out of order.
2. Development Contract with ISD 834.
City Attorney Magnuson summarized the contract. Mr. Dan Parker, Business Manager
for ISD 834, was present for questions.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
No. 96-252, approving development contract relating to a new elementary school between the
City of Stillwater and ISD No. 834.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
The Mayor recessed the meeting at 8:20 p.m.
Reconvened at 8:35 p.m.
PUBLIC HEARINGS (CONTINUED)
2. This is the day and time for the assessment hearing for Yacht Club Improvements, L.I. 319.
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and notices
mailed to affected property owners.
City Coordinator Kriesel explained the Stillwater Yacht Club had petitioned the city for
additional dredging improvements, but this roll dealt only with dredging completed in
1995.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
6
closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
96-253, Adopting Assessment for Yacht Club Improvements, L.I. 319.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. This is the day and time for the assessment hearing for Good Samaritan Improvements, L.I.
317. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported Good Samaritan Center had signed a Petition and Waiver
for these improvements.
/'
The Mayor opened the public hearing, There were no requests to be heard. The Mayor
closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution
No. 96-254, Adopting Assessment for Good Samaritan Improvements, L.I. 317.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. This is the day and time for the assessment hearing for Stefan Alley Improvements, L.I. 312-1
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported an objection had been received based on a previous
memorandum of agreement with the property owners. He recommended the assessment
role be amended to reflect the original agreement as follows: Main Street Development
Partnership $2,207.75 and Dale Sicard $2,580.25.
Motion by Councilmember Thole, seconded by Councilmember Cummings amending the
Assessment roll for L.I. 317 as follows: Main Street Development Partnership $2,207.75 and
Dale Sicard $2,580.25. All in favor.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
No. 96-255, Adopting Assessment for Stefan Alley Improvements, L.I. 312-1, as amended.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
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5. This is the day and time for the assessment hearing for Wildwood Pine Improvements, L.I.
309 and Lot 5, Block 1, Wildwood Pines 5th Addition ofL.I. 305, Pine Hill Estates.
(Continued from Oct. 1). Notice of the hearing was placed in the Stillwater Gazette on
September 19, 1996, and notices mailed to affected property owners.
City Engineer Eckles reported the developer was requesting a reduction of $1 ,500 per lot
due to the depth of the sewer. He explained SEH, engineer for the project, had already
paid the developer out of pocket costs incurred to provide sewer service to the previously
sold lots.
Staff recommended the unsold lot, Lot 7, be reduced by $1,500, but no reductions be
made on previously sold lots.
The Mayor opened the public hearing.
Bill Lecuyer, developer, presented his request for reduction of assessment because
defective design of the sewer had reduced the value of his lots. He stated he estimated
the loss of value of the unsold lot (Lot 7) to be $6,000.
The Mayor closed the public hearing.
Motion by Councilmember Cummings, amending the Assessment roll for Wildwood Pines
Improvements, L.I. 309 as follows: reduce each lot by $1500. Died for lack of second.
Motion by Councilmember Thole, seconded by Councilmember Bealka amending the
Assessment roll for Wildwood Pine Improvements, L.I. 309 as follows: Reduce Lot 7, Block 1
by $3000. 2-3 (Zoller, Cummings, Kimble-nay) Motion failed.
Motion by Councilmember Cummings, seconded by Councilmember Zoller amending the
Assessment roll for Wildwood Pine Improvements, L.I. 309 as follows: Reduce Lot 7, Block 1
by $6000. 3-2 (Thole and Bealka-nay)
Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution
96-256 Adopting Assessments for Wildwood Pines Improvements, L.I. 309 as amended and Lot
5, Block 1, Wildwood Pines 5th Addition ofL.I. 305, Pine Hill Estates.
Ayes: Councilmembers Cummings, Zoller and Mayor Kimble
Nays: Councilmembers Thole and Bealka
6. This is the day and time for the reassessment hearing for tax forfeit parcel 10694-2360, L.I.
No. 220, Pine and Church Street Improvements, L.I. 266, Church Demolition, and L.I. 278,
Landscaping. Notice was mailed to affected property owners.
/ The Mayor opened the public hearing. There were no requests to be heard. The Mayor
8
closed the public hearing.
~
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution No.
96-257, Adopting reassessments for parcel 10694-2360, L.I. No. 220, Pine and Church Street
Improvements, L.I. 266, Church Demolition, and L.I. 278, Landscaping.
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Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
7. This is the day and time for the assessment hearing for 1995 Sidewalk Improvements, L.I.
310. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reviewed the project.
The Mayor opened the public hearing.
Tammy Willkom, 617 Wilkins, stated the cost was too high and could have been done at
less cost by the property owner. She did not recall receiving the original public hearing
notice for the project.
Sharon Hindahl, 614 W. Wilkins, was also concerned with the high cost and did not
recall receiving notice of the first public hearing for the project.
Dean Miller, 622 N. 3rd, requested the contractor remove graffiti written in the sidewalk
before the concrete set. Mr. Eckles stated the cOl?-tractor can rub out most of the imprint
and reseal that portion of the sidewalk.
.
John Roddy, 409 Maple, did not oppose the assessment but requested one section that
was part of the project last year be replaced because of cracking.
The Mayor closed the public hearing.
Motion by Councilmember Cummings, seconded l>y Councilmember Thole to adopt Resolution
No. 96-258 Adopting Assessments for 1995 Sidewalk Improvements, L.I. 310.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
8. This is the day and time for the assessment hearing for 1996 Street Improvements, L.I. 320.
Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and notices
mailed to affected property owners.
City Engineer Eckles reviewed the project.
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The Mayor opened the public hearing.
The following expressed concerns with the high cost, stating they felt they were paying
for more than received on their street:
Delores Wettstein, 2666 Fairlawn Drive; Betty Nelson, 2651 Fairlawn Drive; Ed Ziemek,
2621 Fairlawn Drive; Lester Bruning, 425 Edgewood.
Dave Zinschlag, 725 Nightingale, was not opposed to the assessment, but was concerned
with the higher speed of cars now that the road was in good condition.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No.
96-259, Adopting Assessments for 1996 Street Improvements, L.I. 320.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
Recess at 10.10 p.m. Reconvene at 10:20 p.m.
9. This is the day and time for the assessment hearing for Kutz Addition Improvements, L.I.
308. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported the developers had signed a Petition and Waiver for these
improvements. He explained the costs were higher than expected mainly because the
project had to be carried over one year.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
No. 96-260 Adopting Assessments for Kutz Addition Improvements, L.I. 308.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
10. This is the day and time for the assessment hearing for Calibre Ridge Improvements, L.I.
313. Notice of the hearing was placed in the Stillwater Gazette on September 30, 1996, and
notices mailed to affected property owners.
City Engineer Eckles reported the developers had signed a Petition and Waiver for these
improvements. He explained the costs were higher than the estimate because the
10
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developer did not complete the grading; the City completed the work and assessed it to
the proj ect.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor
closed the public hearing.
.
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
No. 96-261, Adopting Assessments for Calibre Ridge Improvements, L.I. 313.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
UNFINISHED BUSINESS
1. Update: Gerrard Realty interest in UBC site
City Coordinator Kriesel reported a letter had been received from Gerrard Realty
announcing the Corporation is no longer interested in purchasing the former UBC
Lumber site.
,
2. Request for Proposal (RFP) for sale of UBC site
City Coordinator Kriesel presented a request from Community Development Director for
approval of the Request for Proposal for the former UBC site and authorize staff to
advertise the availability of the site.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the request for
proposal for sale of city owned land (former UBC Lumber site) and directing staff to advertise
the availability of the site. All in favor.
.
NEW BUSINESS
1. Adopting delinquent utilities, L.I. 001
Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution
No. 96-262, Adopting delinquent utilities, L.I. 001.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
2. Development Contract with ISD 834
Action taken earlier in meeting.
3. Development Contract, Interlachen Hills Third Addition.
City Engineer Eckles reported staff and the developer had agreed to modifications to the
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agreement. Council approved of the modifications, contingent upon City Attorney approval.
Jim Peterson, Trail Head Development, was present.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt
Resolution No. 96-263 Approving Development Agreement with Trail Head Development
Corporation for Interlachen Hills 3rd Addition, as amended.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
1. Charter Commission - Request for workshop.
Motion by Councilmember Thole, seconded by Councilmember Bealka to set workshop with
Charter Commission for 4:30 p.m. October 29, 1996. All in favor.
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
City Coordinator Kriesel presented proposal from Bonestroo Rosene Anderlik &
Associates for engineering and architectural s"ervices for ice arena planning and design.
Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to
prepare a report and recommendations for engineering and architectural services for the
construction of a sports facility for the meeting of October 29. All in favor.
Mr. Kriesel presented request from Park Director Thomsen to purchase $30,000 of play
equipment for Sunrise Park, as in budget.
Motion by Councilmember Cummings, seconded by Councilmember Thole authorizing purchase
of play equipment for Sunrise Park. All in favor.
ADJOURNMENT
Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 10:45
p.m. All in favor.
Mayor
Attest:
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Resolutions:
Resolution 96-245: Directing Payment of Bills.
Resolution 96-246: Accepting Work and Approving Final payment to Hydrocon for Wildwood
Pines 5th Addition, L.r. 309, and Calibre Ridge, L.r. 313
Resolution 96-247: Dissolving Joint Powers Agreement - BCWMO
Resolution 96- 248: A VI Change Order No.1, City Hall Building Project
Resolution 96-249: Authorizing participation in the Suburban Rate Authority and designating a
representative of the City.
Resolution 96-250: Designating north side of Orleans Street between S. Harriet Street and
South Everett Street as "No Parking".
Resolution 96-251: Adopting Assessment for Pine Street Improvements, L.r. 295.
Resolution 96-252: Approving development contract relating to a new elementary school
between the City of Stillwater and ISD No. 834.
Resolution 96-253: Adopting Assessment for Yacht Club Improvements, L.r. 319.
Resolution 96-254: Adopting Assessment for Good Samari,tan Improvements, L.I. 317.
Resolution 96-255: Adopting Assessment for Stefan Alley Improvements, LJ. 312-1, as
amended.
Resolution 96-256: Adopting Assessments for Wildwood Pines Improvements, L.r. 309 as
amended and Lot 5, Block 1, Wildwood Pines 5th Addition ofLJ. 305, Pine Hill Estates.
Resolution 96-257: Adopting reassessments. for parcell 0694-2360, L.r. No. 220, Pine and
Church Street Improvements, L.r. 266, Church Demolition, and L.r. 278, Landscaping.
Resolution 96-258: Adopting Assessments for 1995 Sidewalk Improvements, L.r. 310.
Resolution 96-259: Adopting Assessments for 1996 Street Improvements, L.r. 320.
Resolution 96-260: Adopting Assessments for Kutz Addition Improvements, L.r. 308.
Resolution 96-261: Adopting Assessments for Calibre Ridge Improvements, L.r. 313.
Resolution 96-262: Adopting delinquent utilities, L.r. 001.
Resolution 96-263: Approving Development Agreement with Trail Head Development
Corporation for Interlachen Hills 3rd Addition, as amended.
.
13
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I.
TO:....... .7?
FROM: ml.~ogness
DATE: October 24, 1996
SUBJECT: Bus Garage
Who is responsible for finding a base loc.ation for the transportation bus company hJred by the
district?
Somebody eventually has to take ownership of the probkm, Ryde.r Transportation was hired by
the District 834 School Board to provide safe, convenient, tost eff~ctive transportation for the
sllIdcnts of the district, Ryder Transportation is now in need orfindins a base for Ule busos that
transport the students in District 834. The job of finding a spAce for these buses should not rest
completely on Ryder, If this was the case why wouldn't the bus company (any bus company) find
the first available spot it could find? Thi$ spot could be in Hudson, Lakeland, White Bear,
Marine, or just about anyplace outside the Stillwator Area. Ryder wilt in-turn charge back to the
district (tal( payers) all the extra costs accrued for not having the base in the Stillwater Area..
These cost, could be, but are not limited to: extra gas, extra time paid to tbe drivers (they wiU
have to leave base earlier to get the students to school on tilne). extra miles on the buses, J don't
think the taxpayers would find t11is a wise USe of taxpayers money,
Why is the school board not helping fmd a spot? Why is the city not interested? These people aU
have a job to make sure the tax paye~ of District 834 get the best possible value for there dollar.
Storing these buses any place other than tlie immediate Stillwater area does not seem to be a cost
effective solution.
Soon the bus garage will no longer be available to Ryder Tran$portation. It is my opinion that the
City of Stillwater as weD as the District wiD get a number of phone cans when the bus drivers are
forced to take there buses home each night and park them in or near'there driveways. Now that is
cost effective. Ugly, but cost effective.
Thejob of finding bus storage should be a group effort between Ryder, The City, and most of all
the District, It is the district that is responsible for getting the most out of the taxpayers money.
-- ..--. --...
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 96-264
. Amoco Gas
Audiovisual, Inc. AN System
Barthol, Robert Mileage/Meals/Housing
Bell, Tim Meals/Housing
Brochman Blacktopping Repairs
Bureau of Criminal Aprehension CJDN Connect and Operations
Catco Company Parts
Conati, Jon Mileage/Meals/Housing
Deblon, Diane Meals/Health Insurance
Desch, Mark & Gloria Parking Lease/Maintenance
Equipment Supply Boiler Service/Maintenance
Express Photo Photo Processing
Geis, Cindy Meeting Dues
Greeder Electric Repairs
Kangaroo Self Storage Storage Space Rental
League of MN Cities Membership
Legislative Associates November Retainer
Lind, Gladys Property Purchase
Magnuson, David Legal Services
Mil Life Participant Fees
Motorola Maintenance Agreement
. Multiple Zones International Computer M~mory
Ness, George Mileage/Meals/Housing
NW Chapter FBINAA Membership Dues
Pointe Business Printing Forms/Business Cards
Reliable Office Supplies Keyboard Cleaner/Protector
Rochester Ford Parts
Safety Kleen Service
Safety Signs Barricades/Signs
Schaubach, Shelly Mileage/Meals
Sensible Land Use Coalition Registrations
Stillwater Fire Relief Assoc. Conference Fee
Superintendent of Documents Subscription
The Courier City Council Proceedings
The Scene Deposit/Christmas Party D.J.
T .A. Schifsky AsphaltlTack
Valley Auto Supply Car Parts
Viking Office Supplies Binders
Warning Lights Barricade Rental
Washington Co.I.S. Plat Parcel Lists
Washington Co. I.S. Consultant Services
Wicker, Steve Safety Boots
.
ADDENDUM
Filter Disposal
Tank Removal
Sealcoat Program
Albrecht Filter Services
All Phase Co.
Allied Blacktop
,....,.~....
1 ,027.54
20,079.20
329.53
247.69
1,950.00
390.00
21.89
321.41
395.19
742.30
728.56
21.85
10.00
353.90
176.00
7,790.00
500.00
927.00
7,138.33
153.00
284.30
295.46
344.59
20.00
180.65
35.21
157.51
146.44
172.83
26.59
50.00
450.00
25.00
47.25
50.00
535.35
579.05
39.30
105.44
247.68
1,129.27
59.99
50.00
1,478.50
53,989.44
,../"M__ .,~..A.""'_",',~"",,-__., ....._~= .'_ "'_
Ameridata ComputerslMonitors/Printers
AT&T Wireless Cellular Phones
.. A.B.M. Equipment & Supply Drive Sprockets
.. Bailey Construction L.I. 310
Board of Water Commissioners Repair of Hydrant
.
Burmaster, Russell
C.C.P.
D.J.'s Municipal Supply
Ecolab
Franklin Quest
Gopher Bearing Co.
Gopher State One Call
Junker Sanitation
Kimball Midwest
Maxim Technologies
NSP
N. W. Tire and Battery
Reliable Office Supplies
Sherwin Williams Paint Co.
Snap-On Tools
St. Croix Office Supplies
S. C. V. Reg. Tourism Alliance
Thomas R. Zahn & Assoc.
U.S. West Communications
Valley Auto
Valley Paving
Viking Office Products
Washington County Treasurer
Ziegler Corp.
Janitorial Services
Towels for Shop
Supplies
Pest Control
Calendar Filler
Drive Chain
September Calls
November Payment
Drill Set/Sign Bolts/Roll Pins
City Hall Project/L.I. 295
Gas/Electric
Realign Front Suspension
Misc. Supplies
Traffic Marking Paint
Sockets
Office Supplies
Governor's Cruise
South Hill Survey
Phones/Long Distance
Auto Parts/Supplies
L.I. 295
Printer Cable/Diskette Tray
Records SysJMobile Data Term.
Hydraulic Pump
TOTAL DUE:
Adopted by the City Council this 29th Day of October, 1996.
APPROVED FOR PAYMENT
.
". ..~''''-'-_..._.''~''
6,141.71
137.56
207.01
5,299.16
135.99
140.00
431.90
343.20
218.33
28.70
139.67
48.00
92,140.63
280.14
4,921.00
5,844.81
34.50
170.39
77.50
35.42
305.92
90.00
1,500.00
- 342.93
657.17
136,182.33
31.56
3,755.00
628.85
364.072.62
1
~ LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 96-264
_ Amoco Gas
Audiovisual, Inc. NV System
Barthol, Robert Mileage/Meals/Housing
Bell, Tim Meals/Housing
Brochman Blacktopping Repairs
Bureau of Criminal Aprehension CJDN Connect and Operations
Catco Company Parts
Conati, Jon Mileage/Meals/Housing
Deblon, Diane Meals/Health Insurance
Desch, Mark & Gloria Parking Lease/Maintenance
Equipment Supply Boiler Service/Maintenance
Express Photo Photo Processing
Geis, Cindy Meeting Dues
Greeder Electric Repairs
Kangaroo Self Storage Storage Space Rental
League of MN Cities Membership
Legislative Associates November Retainer
Lind, Gladys Property Purchase
Magnuson, David Legal Services
Mil Life Participant Fees
Motorola Maintenance Agreement
. Multiple Zones International Computer Memory
Ness, George Mileage/Meals/Housing
NW Chapter FBINAA Membership Dues
Pointe Business Printing Forms/Business Cards
Reliable Office Supplies Keyboard Cleaner/Protector
Rochester Ford Parts
Safety Kleen Service
Safety Signs Barricades/Signs
Schaubach, Shelly Mileage/Meals
Sensible Land Use Coalition Registrations
Stillwater Fire Relief Assoc. Conference Fee
Superintendent of Documents Subscription
The Courier City Council Proceedings
The Scene Deposit/Christmas Party D.J.
T A. Schifsky AsphaltlTack
Valley Auto Supply Car Parts
Viking Office Supplies Binders
Warning Lights Barricade Rental
Washington Co.I.S. Plat Parcel Lists
Washington Co. I.S. Consultant Services
Wicker, Steve Safety Boots
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1,027.54
20,079.20
329.53
247.69
1,950.00
390.00
21.89
321 .41
395.19
742.30
728.56
21.85
10.00
353.90
176.00
7,790.00
500.00
927.00
7,138.33
153.00
284.30
295.46
344.59
20.00
180.65
35.21
157.51
146.44
172.83
26.59
50.00
450.00
25.00
47.25
50.00
535.35
579.05
39.30
105.44
247.68
1,129.27
59.99
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No.
96-50
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
e
WHEREAS, KJ. Willis Construction 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 K J. Willis
Construction Inc, 6817 Black Duck Circle, Lino Lakes, MN 55104 is hereby licensed and authorized to
General Contractor for the period of one year starting September 24,1996 and ending September 24, 1997
subject to all the conditions and provisions of said Ordinances,
Given under my hand and the corporate seal of the City of Stillwater this 29th day of October
A,D. 1996.
Attest:
Mayor:
{-
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No.
96-51
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Gilbert Construction Co" Inc, has paid the sum of Forty and 00/100s Dollars to the
Treasurer of said City as required by the Ordinances of said City and complied with all the requirements
of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Gilber
Construction Co., Inc 1202 Jackson Street, St Paul MN 55117 is hereby licensed and authorized to General
Contractor for the period of one year starting October 3, 1996 and ending October 3. 1997 subject to all the
conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 29th day of October
A.D. 1996.
Attest:
Mayor:
.
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No.
96-52
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Viking Construction 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 Viking
Construction Inc, 244 West 7th Street St Paul MN 55102 is hereby licensed and authorized to General
Contractor for the period of one year starting October 11, 1996 and ending October 11, 1997 subject to all
the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 29th day of October
A.D, 1996.
Attest:
Mayor:
. 'drg~ni~~tion, 111f~rmatjdn '>.
: -'; :,. >, "<,_;: <t<i;';:':.;:'~:,:~:;;:;:S;+~~;!;lii\~;:t::j;U;_i~i~;::;~:::Cr\.::::1;-",:,:. ," - '".' :.>":,: /: L:f,: ; -.
For Board Use Only
Fee Paid r;.
Check. #
Initals
Date Reed
~
LG220
Rev06/95
Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
e
Organization Name
Church of St. Michael
&re~ C~
218 E. Willard Street Stillwater
Name of Chief Executive Officer of organization (CEO)
First Name Last Name
Previous lawful gambling exemption number
llX-82027-95-002
S ate Zip Code County
MN 55082 Washington
Daytime Phone number of CEO
Skluzacek
(612) 439-4400
reasurer
Last Name
Daytime Phone Number of Treasurer
Quentin
Heimerman
D Fraternal
D Veterans
[[] Religious
D Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
D IRS letter indicating income tax exempt status
[:XFertificate of good standing from the Minnesota Secretary
of State's office
DA charter showing you're an affiliate of a parent
nonprofit organization
Droof previously submitted and on file with the Gambling Control
Board
.....:~R~7J11l'i_~f~~jj{~k1~eff~'~...
Check the box below which best describes
your organization
;.?~lt!mUl~f!ll~w'it~
Name of Establishment where gambling activity will be conducted
Parish Center - School Building
MN
55082
County
Washington
218 E. Willard St
City
Sti llwa ter
State
Zip Code
Street
Date(s) of activity (for raffles, indicate the date of the drawing)
November 16, 1996
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
[1] Bingo D Raffles D Paddlewheels D Pull-tabs 0 Tipboards
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
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TO: Mayor and City Council
MEMORANDUM
DATE: October 25, 1996
FROM: Diane Deblon, Finance Director
SUBJECT: Utility Bill Adjustments
Description
Recommendation
1.
Leaky toilet fixed in April.
Reduce October 1996 & future to prior
3 year average of 20/gallon per quarter.
2. Leaking water line to furnace Reduce July 1996 & future to prior
humidifier repaired in March. average of 16/gallon per quarter.
3.
Two leaky toilets fixed in
August.
4.
Leaky faucets fixed in June.
5.
Leaky toilet disconnected in
August.
Reduce October 1996 & future to prior
average of 10/gallon per quarter.
Reduce July 1996 & future to prior
average of 25/gallon per quarter.
Reduce October 1996 & future to prior
average of 14/gallon per quarter.
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.1 : .
Stillwater Public Library
1996 Capital Budget Release of Funds pt. 2
e
At its October meeting, the Library Board of Trustees requested the release of funds
for the second and final portion of the library's 1996 capital items. All of these items
were approved by the City Council when it adopted the library's 1996 capital budget.
Library Services
Item
Amoun t
Photocopier $3800
The office photocopier which we are presently using is almost ten years old
and is requiring frequent repair. The quality of copies has deteriorated in the
past year.
1 CD ROM Workstation 3600
This CD ROM workstation is designated for tChildren's Services The
Children's Librarian is planning to acquire a number of informational,
recreational, and educational CD ROM products for children.
1 Office Computer 3000
We have a schedule for replacing our office computers with faster machines
with more memory. In 1996, we plan to replace our oldest office computer.
Building Improvements
Reference Area Lighting Improvements 550
The lighting over the Information Desk and in the ready reference section
needs improvement to reduce eye strain for staff and increase visibility for
patrons.
Locked A V Storage in Margaret Rivers Room 750
We need to build a locking storage closet in the Margaret Rivers Room to
prevent theft of audiovisual equipment (one VCR has been stolen from the
room).
ADA Compliance/ Remove Architectural Barriers 3000
The library has developed a schedule for compliance with the Americans
with Disabilities Act. In 1996, we are scheduled to replace existing water
fountains with accessible fountains.
.
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CITY OF STILLWATER
MEMORANDUM
TO:
Mayor and City Council
\/
FROM:
Klayton Eckles, City Engineer
DATE: October 24, 1996
SUBJECT: Purchase of Lift Station Alarm Equipment
DISCUSSION
Council will recall that last year the city began replacing and upgrading the alarm systems in
various sewer lift stations throughout the city. This upgrading included a new central modular
control box which allows for additional alarms. Staff would like to complete the conversion to
the new control panel. The cost to convert the remaining eight alarms is estimated at
approximately $10,000.00. The work would be done by Braun Pump Controls, because they
installed the original equipment. There is currently ample funds in the sewer capital equipment
fund to cover these expenses.
RECOMMENDATION
Staff recommends council authorize staff to hire Braun Pump Controls to install eight lift station
alarms at a cost not to exceed $10,000.00.
e
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CITY OF STILL WATER
Memorandum
To:
Mayor and Council
From:
Morli Weldon, City Clerk
Date:
October 29, 1996
Subject:
On-sale wine license with strong beer option
St. Croix Catering, Inc., dba The Grand
301 S. 2nd Street
St. Croix Catering, Inc., (Richard Anderson) has applied for an on-sale wine license with
strong beer option for a pizza/deli restaurant to be located at 301 S. 2nd Street. Approval
should be contingent upon building and fire inspections, receipt of all required forms,
documentation and license fees. '
e
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RESOLUTION NO. 96-265
APPROVING NEW WINE AND STRONG BEER LICENSE
ST. CROIX CATERING INC., DBA THE GRAND
WHEREAS, a request has been received from St. Croix Catering, Inc., (Richard Anderson)
dba The Grand, for an On-Sale Wine License with Strong Beer option; and
WHEREAS, all required forms have been submitted and investigations completed;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves an On-Sale Wine License with Strong Beer option for St. Croix Catering,
Inc., dba The Grand.
Adopted by Council this 29th day of October, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
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PLANNING APPLICATION REVIEW FORM
CASE NO. SUB/96-62
Planning Commission Date: October 14, 1996
Project Location: 309 Stillwater Avenue North
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: William and Dawn Tunison
Type of Application: Subdivision
Project Description: A subdivision to subdivide Lot 10, Block 8, Wilkin's Addition into
two equal lots.
Discussion:
The applicant purchased the above lot and received permission to demolish the existing
structure. There home is adjunct to the lot. The intention is to sell one half of the lot to
their neighbor to the immediate west. Each lot is forty feet wide and a resubdivision
would give each lot another twenty feet of lot width. The required front yard width for
the Two Family Zoning District is fifty feet.
Recommendation:
Approval
Findings:
The subdivision meets the development regulations of the zoning and subdivision
ordinances.
Attachments:
Application Form
Plat Map
CPC Action 10-14-96: +6-0 approval.
r illwater
'~ - ~
T H :-;-1 R T H P LAC E 0 F M INN E SOT A ~
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NOTICE OF PUBLIC HEARING
SUBDIVISION
Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will
meet on Tuesday, October 29, 1996, at 7 p.m. in the Margaret Rivers Room at the City
Public Library, 223 North Fourth Street, to consider a request from Dawn Tunison for a
subdivision to subdivide Lot 10, Block 8, Wilkin's Addition into two equal portions and
combine to adjacent lots in the RB, Two-Family Residential District. Case No. SUB/96-
62.
All persons wishing to be heard with reference to this request will be heard at this
meeting.
Publish: October 18,1996
-
Steve Russell
Community Development Director
.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
-
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RESOLUTION NO. 96-265
APPROVAL OF MINOR SUBDIVISION
CASE NO. SUB/96-62
WHEREAS, William and Dawn Tunison have requested the resubdivision of Lot 10, Block
8, Wilkin's Addition,
NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that
the minor subdivision of Lot 10, Block 8, Wilkin's Addition into two equal portions and
combining to adjacent lots in the RB- Two Family Residential District is hereby approved.
Adopted by Council this 29th day of October, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
....
r.
PLANNING APPLICATION REVIEW FORM
CASE NO. SUB/96-67
e Planning Commission Date: October 14,1996
Project Location: 802 West Mulberry Street
t('--~'
Comprehensive Plan District: RB Duplex Residential
Zoning District: RB
Applicant's Name: Clarice Auluck Wilson
Type of Application: Minor subdivision
Project Description: Request to subdivide a 18,000 sq. ft. lot into two lots of 10,500 sq. ft,
and 7,500 sq. ft.
Discussion: The lot size and dimensions meet the zoning requirements for a single family
house site in the RB, duplex residential district (50 foot lot width x 100 foot lot depth). A
survey shows the existing and proposed resubdivision lot sizes.
Recommendation: Approval
Attachments: Survey
CPC Action on 10-14-96: +6-0 approval
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Clarice Auluck- Wilson, Ph.D.
757 Raymond Ave. #316 St. Paul MN 55114 612-647-6634
September 27, 1996
Dear Planning Commission and City Council of the City of Stillwater:
I am writing as the representative of Steven and Alice Salomonsen of Stillwater to apply for
permission for a minor subdivision of land Steven and Alice own the property at 802 W.
Mulberry as well as the two empty lots that are behind (north of their house) that open on to
N. William St. The legal descriptions of the three contiguous lots that the Salomonsens
own are:
-
Lots Four (4) and Five (5), Block Eighteen (18), SABIN'S ADDmON to City of
Stillwater, according to the plat thereof on file and of record in the office of the
County Recorder, Washington County, Minnesota. [This is abstract property.]
And
Lot Three (3), Block Eighteen (18), SABIN'S ADDmON to the City of Stillwater,
Minnesota, as surveyed and platted and now on file and of record in the office of
the Registrar of Deeds of Washington County, Minnesota, subject to an exception
and reservation of minerals and mineral rights by the State of Minnesota, in trust for
the taxing districts interested in said land [This is Torrens Title property.]
For verification of these legal descriptions, please refer to the Certificate of Survey in
Appendix A.
Each of these three contiguous lots measures 50 ft by 120 ft. according to the data on file
in the Assessor's Office of Washington County. Please refer to the enclosed line drawing
of the lots on the five lots on the west side N. William between W. Mulberry and W.
Linden to see how the properties are now divided and how they will be divided if the
subdivision is approved. (Appendix B)
The Salomonsen's purchased their home in 1983 and this purchase included Lots 4 and 5.
Then in 1986, Steven's mother, Betty M. Salomonsen-Peterson, purchased Lot 3
independently on a warrantee deed and she is currently selling it to Steven and Alice
Salomonsen on a contract for deed. Copies of the warrantee deed for Lots 4 and 5 and the
warrantee deed and contract for deed for Lot 3 as well as the Certificate of Title for Lot 3
are all included in Appendix C of this application. We have an updated abstract for Lots 4
and 5 if this would be useful. Please let me know if you need a copy and I will get it to you
right away.
Steven and Alice Salomonsen's house sits on Lot 5 and Lots 3 and 4 are vacant and are
listed as such by the Assessor's Office of Washington County. My interest in this proposed
, subdivision is that the Salomonsens are prepared to sell my husband, Arvind Auluck-
Wilson, and me their Lot 3 and the north 12.5 feet of their Lot 4 if this subdivision
application is approved. My husband and I propose to move the house that currently is
located at 824 S. Greeley St onto this property and make it our residence. Concurrent with
this subdivision application, I am also applying for a building moving permit from the
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Planning Commission and the City Council. Please refer to the application for the details
of the planned house move.
Adding 12.5 feet of Lot 4 is necessary because Lot 3 on its own is not considered a
buildable lot As it now stands, Lot 3 measures 50 ft by 120 feet for a total of only 6,000
square feet, thus it does not meet the minimum size requirement of 7,500 square feet for
buildable lots in the old city of Stillwater. With the addition to Lot 3 of 12.5 feet of Lot 4-
using the actual dimensions of the property from the survey completed on September 25,
1996, by Barry Stack of Stack Land Surveying here in Stillwater-the property will meet
this requirement almost exactly. According to the infonnation on the second page of the
Certificate of Survey, the 12.5 feet of Lot 4 combined with Lot 3 would "contain 7501
square feet, more or less. "
With the loss of 12.5 feet of Lot 4, what is left of Lot 4 combined with Lot 5 would still
exceed the minimum size requirements for buildable lots. The Salomonsens would be left
with a piece of property measuring 87.5 feet by 120 feet according to the dimensions given
by the Assessor's Office ofWasbington County for a total of 10,500 square feet Again,
the actual dimensions of the lots from the survey that was just completed vary slightly from
those recorded in the Assessor's office and the Certificate of Survey shows that this
remaining parcel would contain "10,508 square feet, more or less." The Salomonsen's
house is on a corner lot and the minimum dimensions for a corner lot in the old city are 80
ft by 100 ft., thus their remaining parcel would still meet all minimum size requirements.
As I understand it, Stephen and Alice Salomonsen could have opted at any time to declare a
hardship and apply to the Planning Commission and the City Council for a variance in
order to sell Lot 3 on its own with no land added. This would have been possible because
the Salomonsens purchased Lot 3 as an independent parcel and not as part of their original
home purchase. The independent nature of Lot 3 is emph~~7ed by the fact that it is Torrens
Title property and the property the Salomonsen's purchased with their home is Abstract
Title property. The Salomonsens have chosen instead to respect the integrity of their
neighborhood and have chosen to adhere to the minimum size ~uirements for buildable
lots in the old city. Thus, they are applying for this minor subdiVlsion.
I have had the three lots owned by the Salomonsens surveyed and have had the surveyor,
Barry Stack, prepare legal descriptions for the two parcels of land as we propose to
subdivide them. The legal description of the parcel which my husband and I would like to
buy, labeled "Parcell" on the appended survey map, would be:
Lot Three (3), Block Eighteen (18), SABIN'S ADDITION to the City of Stillwater,
Minnesota, as surveyed and platted and now on file and of record in the office of
the Register of Deeds of Washington County, Minnesota, in trust for the taxing
districts interested in said land.
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AND
The North 12.5 feet of Lot 4, Block 18, SABIN'S ADDmON to the City of
Stillwater, according to the plat thereof on file and of record in the office of the
County Recorder.
The above parcels combined contain 7,501 square feet, more or less. Subject to and
together with any other valid easements, reservations or restrictions.
[This parcel would contain Torrens and Abstract Title property.]
" "
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3
Barry Stack bas labeled as "Parcel 2" the property that Steven and Alice Salomonsen would
have remaining after the subdivision and sale of Parcell. The legal description of Pd.rcel 2
would be:
All of Lot 5, and all that part of Lot 4 lying southerly of the North 12.50 feet
thereof, all in Block 18, SABIN'S ADDmON to the City of Stillwater, Minneso~
according to the plan thereof on file and of record in the office of the County
Recorder, Washington County, Minnesota. Containing in all, 10,508 square feet,
more or less. Subject to and together with any other valid easements, reservations
or restrictions..
Enclosed is the survey of the affected property that was completed just this week. It shows
the boundaries of the three lots concerned as well as the boundaries that would exist after
the proposed subdivision. It also shows the placement of the two existing houses in the
block in relation to the property boundaries.
The Salomonsen's were able to apply for clearance from their mortgage company, Heigle
Mortgage, for the release of the north 12.5 feet of their Lot 4 only this week so they do not
have the final clearance available to submit with this application. A survey was needed for
the clearance review and because the surveyors were rained out on two separate occasions,
we did not have the survey in hand until Wednesday, September 25. However, both Alice
Salomonsen and I have spoken with the Heigle Mortgage representative, Susan Schumann
(831-6644 Ext 117) and she has assured us both that she sees no reason why the clearance
would be denied since the original mortgage was for $74,000 and it has been paid down to
. just under $60,000. Another factor that favors the clearance is that the assessed value of
property for tax purpoSes of the Salomonsen's Lots 4 and 5 with improvements is
$96,000. Because the Salomonsen's is an FHA loan, the clearance application must go
through the FHA procedures and Susan Schumann has said that this will take a few weeks.
We hope to have the clearance available by the Oct. 14 Planning Commission meeting. Of
course, subdivision of the land would be contingent upon proof of receipt of this clearance.
I hope that I have provided you with adequate information to make a favorable decision on
this application. If there is any other supporting documentation or information that you
need, please contact me at 433-5078 or 647-6634 and I will do my best to provide them.
Thank you very much for your time and consideration.
Clarice Auluck-Wilson, Ph.D.
Appendices:
A Certificate of Survey Completed September 25, 1996
B Line Drawing of Properties Concerned
C Warrantee Deeds, Contract for Deed and Certificate of Title of Properties
Concerned
('
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Case No:
Date Filed:
Fee Paid:
Receipt No. :
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PLANNING ADMINISTRATION FORM
ACTION REQUESTED:
:OMMUNITY DEVELOPMENT DEPARTMENT _ Certificate of Compliance
~ITY OF STILLWATER _ Conditional or Special Use Permit
,16 NORTH FOURTH STREET _ Design Review
;TILL\VATER, MN 55082 _ Planned Unit Development
_ ",Variance
_ Comprehensive Plan Amendment
Zoning Amendment
=x Subdivision - M jY1 0("
_ Resubdivision
Total Fee
FEE(l)
S70
$70/170
-0-
S270
S70
$300
S300
SlOO+S501lot
S50
[he applicant is responsible for the completeness and accuracy of all forms and supporting material
mbmitted in connection with any application.
2. VClCQ\o\+ fot!~9!J~ vH?JfiVJflCATION ,va.). tIe) 80,- -, q '10 _.~--
.. I I C .9 0 -, q I 0
Address of Project ' 025'.v. VVll.l\b.e{'(\. CSt ASsessor's Parcel No, ~'
Zoning District 0-' escriptionofProje'ct, We ~rc'p()'5€ .+r) o..dcJ. +\'e (\(Jvtl1 /2.5 ree~
~,..' tJ. It So - q 40 Ct' , \0 ~O-I Cf 10 \ v1. o("Cie r to i/lA..c.>tlc..e
t~ a... lat.tildob)e JO~1e ~f~'.$ So ("r UJ;l,.1 V1A~-e...t-~ '"1,500 (3c" ft V'V\i...ti",,,,t.:.~ S'i'l.P L
It ,nw.-'ft\crda.~iJ .J'J QsP- ,'''.12. t.J.ii ~~eOl l~of~flHa.~n\yY'\: V".f?~re....,l4<..-1-
"I erebj state the joregomg S'[. ements an all'data, mJormatzon and evidence SUDmftted haewzth m all respectS: to the
best of my knowledge and belief. ~e and correct. I further certify I will complY with the permit if it is grantd and used. "
<+ "" Ve../L 1- 'f-
Property Owner ~4L it c:.. 11./\ 5 c:<- { "~kOt1 J ~ Representative c'laf"I'Ce A-UlUCti- Lvi} SOY7 J ~hJ'
1'-.lailing Add.ress ;To;) uJ /11 ~ L be v'v'j Mailing. Ad,q.ress., (') 1 R CU-1 VKElt'lti 4-~ n- 3ib
S -fi 11(( 'iq fe-{/' /VI (.Cl '):) 0 ~< Z. ()t" 'f/CuAV, WIN ~ ~,/,'1 --
Telephone No. '"</ -3 {.1 -.2Ji !Ii./- Telephone No. L/33 G07S' _
, /':' / /~~~
'}/ ( (Ii ,C' 10(,<LL~ Signature <-;~7\,F' ,
. ~;.AND PROjEcr DESCJnrON
/ 2- \ t)t-s
otSize(dimensions) 5,0' x 12.6 Total building floor Area NIA sq.ft.
Land Area eacL lot hCt..J 0,006 3~ -H- Existing "'-'/ f sq. ft.
Height of Buildings: Stories Fe~t '. ' Proposed (\J./ ~ sq. ft.
Principal YlOille L,V\vol~cI \.:...-/-\f~?\ Pav~d Impervious Area AJj~ sq, ft. ' .
Accessory A-pr hca hCi.\i Number of off street parking sp:2ces provided tJ/1#
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_ADDITIONAL ENGINEERlNG COSTS MAY BE REQUIRED AS PART OF APPLICATION
~'v1EW
Revised 9119/95
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SIIEET 1 OF 2 SHEETS
PROPOSED AULUCK-WILSON MINOR SUBD.
Survey Made For:
CERTIFICATE OF SURVEY
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DARRETT M, STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel, No, 439-5630
Orientation of this bearing system is assumed.
"M." Indicates measured value, "R." Indicates record plat value.
o Indicates 1/2" I,D. iron pipe set marked with a plastic plug inscribed RLS 13774.
. Indicates irons found in place as shown.
Elevations shown are based on City of Stillwater Datum. (NGVD 1929 adjustment)
Note overhead utility line (OU) and sidewalk encroachments as shown.
Dimensions shown are measured to the ouside building wall line. Projections from said wall
line will decrease offsets shown accordingly.
See Sheet 2 of 2 Sheets for existing and proposed parcel descriptions.
"&" Indicates tree centerline locations as shown. Existing tree canopies were not measured
and are not shown hereon.
Site Plan for Parcel ~ development to be prepared by others.
Lot 3, Blk. 18, Sabin's Add" is Torrens Title property. Lots 4 and 5, Blk, 18. Sabin's Add"
are Abstract Title property.
BENCHMARK Top #137447 iron pipe at the SE'ly. corner of Parcell = Elev, 894.56, NGVD 1929 adj.
See Certification for Sheets 1 and 2 at lower right corner of Sheet 2.
Underground or overhead public or private utilities on or 'adjacent the
located in conjunction with this survey, unless shown otherwise.
Clarice and Arvind Auluck-Wilson
757 Raymond Ave., Ste. 316
St. Paul, Minnesota 55114
NOTES:
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SHEET 2 OF 2 SHEETS
PROPOSED AULUCK-WILSON MINOR SUBD.
CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN, 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel, No. 439-5630
JOIl NO,
Auluck-Wilson Minor Subdivision
SURYEY MADE EXCLUSIVELY FOR, Clarice and Arvind Auluck-Wilson, 757 Raymond Ave., Ste. 316,
St. Paul, Minnesota 55114
IlKSCRIP'I'IONI EXISTING PARCEL DESCRIPTIONS: Fee Owner: Betty M. Salomonsen:
Cert, of Title No. 33776 (Torrens Title property)
Lot Three (3), Block Eighteen (18), SABIN'S ADDITION to the City of Stillwater, Minnesota,
as surveyed and platted and now on file and of record in the office of the Register of Deeds
of Washington County, Minnesota, subject to an exception and reservation of minerals and
mineral rights by the State of Minnesota, in trust for the taxing districts interested in
said land.
Document Number 451872 (abstract property)
Lots Four (4) and Five (5), Block Eighteen (18), Sabin's Addition to City of Stillwater,
according to the plat thereof on file and of record in the office of the County Recorder,
Washington County, Minnesota.
PROPOSED MORTGAGE PARTIAL RELEASE DESCRIPTION: (vacant land, no visible improvements)
The North 12,50 feet of Lot 4, Block 18, SABIN'S ADDITION to the City of Stillwater,
according to the recorded plat thereof on file and of record in the office of the County
Recorder of Washington County, Minnesota.
PROPOSED PARCEL 1 DESCRIPTION: (contains Torrens and Abstract Title property)
Lot Three (3), Block Eighteen (18), SABIN'S ADDITION to the City of Stillwater, Minnesota,
as surveyed and platted and now on file and of record in the office of the Register of Deeds
of Washington County, Minnesota, subject to an exception and reservation of minerals and
mineral rights by the State of Minnesota, in trust for the taxing districts interested in
said land. AND
The North 12.50 feet of Lot 4, Block 18, SABIN'S ADDITION to the City of Stillwater,
according to the plat thereof on file and of record in the office of the County Recorder,
Washington County, Minnesota.
The above parcels combined contain 7501 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions.
PROPOSED PARCEL 2 DESCRIPTION: (Abstract Title property)
All of Lot 5, and all that part of Lot 4 lying southerly of the North 12,50 feet thereof,
all in Block 18, SABIN'S ADDITION to the City of Stillwater, Minnesota, according to the
plat thereof on file and of record in the office of the County Recorder, Washington County,
Minnesota.
. """ Containing in all, 10508 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions,
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Certification for Sheets 1 and 2.
I hereby certify that this survey, 1,lan, fir repflrl \Va'
rrepared by me or under my direct supervisifln and that
am a duly Registered Land Surveyor under the law, uf
the Slate of Minnesola.
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Proceeding No. 392
STATE , ~IIlNNESOTA 1_ -';;' B2~lfiB'U'n@llII:::
o '\&S"-
(lOIlNTY OJ'WASIIINGTON --' (gJ:;; (j,.ft,;t'(}J.lt$:-.lA:IR--______,____.________
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Lot Three (3), Block Eighteen (18), SABIN'S ADDITION
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platted and now on file and of record In the office of
the Register of Deeds of Washlngton County, Minnesota.
subject to an exception and reservation of "Inerals and
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the taxing districts Interested In said land,
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f./,;' Ninth '/"y .f- Seotember ./JI~ ~
,'Aljoifl"t,y.J;;~, .%,';;;;i;I/,;r~,~;",fft~'F;t~!:~~;i;'
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Doc, tin, 76255 - T~UT~
"
,....... .....WAlIlIM'" DUD 11_' l1li_ __ _lItt.,
r ,..._h' ..-'-' 451872 \- --' q
I No dellnquen' Ln.. ancllr....,~ ;:;'::;;(::;';;a~
nl Rd' KI&II\e Vah.. I V I nl<<f I , nn' ".qulr""
CerUnl..\e~ .:.1lI'" ValUC' No~_."
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hY~ ~_~/_Drputyl
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JOHN. I ,",. "N
CO~I~~.4 -'f~
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STATF.IH:t:UTAX IJUF. m:Rt:ON: $ l.$,..J.CL_-- \ ,.."rJ~... -- ,ld~,1.'~~ _./
I R'r:L- .).t~(,. (6A~. ''1-
lJalr:__Sep,t.e1Ilber.:.,L-----,- ,t!lU_ .-lilCC'-<.,o.:(;t ,. ~ .0; ,'rot< 2..
i (re...n-ed to, recordlnc d....' ~ ,rOll
FOR VAl UABI.E CONSIDERATION, Christoohar n. Knowl... lIt. alkla Chrbtopher
_JL..Xngl'LleLJl,J!in~.t son ,Grantor (I'.
Im_llll "..V't
h""oby oonvey (0) .nd w.rrar,HIlto .SJ:.e.v"n Fred.. Salomonsen and lI.lice Marie
.5alolllO.llSt'!n . . Grantees u joint
....n.nll, r~.1 property In, WAsh i nqrnr. County. Mlnneoot&, dlscribed u tollows:
Lots Four (4) and Five,(5), Block Eighte.n (18). Sabin's Addition to
City of Stillw.tor. according to the plat thereof on file and of
record in the office of the Co\mty Recorder. Washington County, Minnesota.
lit mOtt to.."....uecI. eonhM.. Oft tMcll
tnaethf'r wIth "II h~r..lIlt.m..nll unll .ppurt~na..~f" hrlong;nl thereto, lubif"t to the rollowina exClptiO''':
mortgage in favor of Conservative Mortgage compa~y dated December 27,
1982, recorded January 6. 1983, as Document No, 4397:7, rerecorded
January 20, 1983, as Document No. 440244, which Grant..e. agree to
3ssurne and pay according to its terms.
//1/
?:~
III, a/k/a
STATE OF MINNESOTA
COUNT\' OF ~ASHINGTON
} ..
Thl forqoinclnltrumln\ wu ac:knowleclpd before ml thla
by
If of September
her R. Xnowl
.1983 .
tlOTA.'A';,;:.AM' 0.... ..AL 10. 01'H1~ tIT". oa RAIfXi
\i -..- }
___ Il-'
... -A'IOtl CClUIC1Y ,
.,....-.._..11.\111. )
~ . .....J........ .ma
A & 010 'AIt A & M
t~..:a~-=::1~tr'~\a- --,.-
cans.rvative Mortgage Company
P.O. 8Ox30
Minneapolis, MN 55440
THI. lM.nUM.N" w". DU"I:O aY CNAMI ")IIOADD"I")'
Rnhert G. Briggs
l:lb So. 2nd St.
P.O. Box 40
Stillwater, MN 55082
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IAIH'"C10N eoUNTY Nil
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101'+6255.. '~... 33776 ;0
IIU -Ul8.. " ~ '""Z'91r'
IT Ji}};";';'~.
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Cert. 33777 Bk. ~8 Pg.
Dah"_
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:m.,.I" "'Iust
h~rrhy l'On\'''Y 1~1 and \\'~rranl tsllo .._n..Bc.r.u-~.:LloDJOJl"F!n-P.>t..r"nn
_ n _______._,__ __,_,_,.__ ,Grante.'U',
real Prll,"r1Y in ___~i~t.oll___,.._....__Counly, Minnesota, described as Collows:
Lot Three (3) in nlock Eighteen (18). SABIN'S ADDITION to
the City of Stillwater, Minnesota, as surveyed and platted
and now on file and of record in the office of the Re~ister
of Deedh of Washington County, Minnesota, subject to an ex-
ception and reservation of minerals and mineral rights by
the State of ~innesota, in trust for the taxing,districts
interested in said land.
hi mo,. ",... I. f"I...nM. C'D""nu.. on b.ckt
tOJ:~lhrr with all hrn.dilamrnl> and appurl~nances belonlling thereto. subject to the following exceptio....:
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Vera Garling .~
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Affix Deed Tax Slamp Here
" STATE OF MINNESOTA }
. , COUNTY OF \10,t\... ~ ~""-1I."" II,
The foregoing instrument was acknowledged before me thil 1st
by VA1"'U fi,a,..l inf( !:I wirtn\v ~nrt l1nrF'm~,..riprl
day ot
Aucrnst
. 19..afL.
. Grantor (I),
NOTARIAL ST.U." Oil SEAL. (OA OTME. TITLI oa ..UIJC)
9 PATRICIA A. COEN
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WASHINGlON _OUHlY
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9C\.~',p", ~,(,~
IIONATUll& or Flll.ON TAXINO ACIUlOWLJ:DOM&NT
':~:~I-:'n:1~d':~~ ::l ~r::~1o=:')t" date ....101...' ell""
Mr, and M~s. Steven F. Salomonsen
802 Mulberry
Stillwater, Mn,. 55082
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TillS INITIlUM&NT WAS DllArT&D IY INAME AND ADDll!:"1
r .,..STANLBY J, MOSIO
.~... Attornev at Law
800 Deltre~ of lIonor Old!:,
St. Paul, Minnesota 55101
II (gl~) ~~4-U4U4
!, ,~!tnrn('y's 1.n. t'7;,72~
M I HNE:SO T A CONSE:fNA'T !tIN "'UNf!
1\ I.U\SHINGTON COUNTY
I $3.00 FEE F'AIP
II M. s. .n:)!! J....".._.___J.:J.:,J::!:- IIATE
'='f1 t. 3~6 .~._...".._ .___..___ _INITIALS
295
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Doc. ~o. 76256
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to'orm No. ~4.M
OFPlO! 0'
I"IKIMOTOII r.OUIIlT Milo
Of.ftTI!'lrn FilED
'J 'AIIO/O~ IIr ' , 'r,::o OM
.Sf' 9 ~ 511 rM '86
....7 6 256 .'. )JZll
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N" .1,.lin'I"..nl l"X"" nnd lrllnllrC!r"n"'r~..I;
Ce"nl'nll' ur Itel'l to:IIUlte Vulue
I IOtad. (..)n l R uinod l./_
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\ Cnunly Audit..r
~4l1i&11!l.' ;i. X/~~ .
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Cllse,wed lor rtCOfdll~ datal
MOKTGAm: Kto:G1STKY TAX nOlo: m:IU:lll\:
$
Ile'S~IVed lor mOfUI.If)C Itgl~IfY fa. p.ty,nenl dalJI
Aucrust.
_ . I !.llli.
Ilule:
TillS CONTltACT FOIt \)~:gll ill mud" un lhe above date hy
, ..!!!.l!rried
_J3t!1 tV M. SI\ lornonsen-Pntl!rl'>lln
tmnritul al.llUliJ
Seller (whelhe' ..ne or murel, and
Steven F. Salomonsen and Alice U_~~~.
hl1shnl1rl nod wir~
. purchaser Iwhether one or mure\.
s..lIer nnd Purchaser ll!:ree IU Ihe roIlowinR terms:
L I'HOPto:HTY \)~:S<':HIPTION, Seller h",,,hy sells. nnd Pur"hue, h"reby huys, reul p"'p"'I,V in
W!\.o:h i ",,.r nn <':uun&.>', fvtinnvilul&l. dVMcrib"od "" full",",...:
Lot Three (~) In Blrck Eighleen (18), SABIN'S ADDITION
to the City of Stillwater, Minnetiota, as Rurveyed and platted
and now on file and ot record in the office of the Register
of Deeds of Washington County, Minnesota, subject to an ex-
ception and reservation of minerals and mineral rights by the
State of Minnesota. In trust for the taxing districts in-
terested in said lnnd.
l"!:I'lh", wilh "II hl'r"ditnmrnlll nod uJlPurl..n"nl'l'K lwlnnJ(inJ( thl'reln IIhe t',nJWrl)'I.
2. TI'l'I.~:, S"II.., wu,nlnblllull \llIe lu Ih" l"OJll'rty iK, nn thl1 dale ur IhiK cuntr"I'I. lIuhl,..'1 unly 1..lh..
fullu\\'in.: ~xc.t!vliun!l:
(", C.'\.',.nnnt". f'cmditinn:4. rt'~lri,'(i"n,.. ,1....lnrnti"nM ntHI ":':'t'nlt'nt~ Itr rlt('ur.t. ir an)'
lhl It"M,',vulillnK of miOl.,ulll u, minerul ,i!:hlli hy Ih.. SUll" or Minn"lIU\l1, ir an)';
le'l lIulldillll. zUllin!: ,,"d Kululivilli"l\ hlwK IIlId rellululinnll;
lilt 'l'h.. liI'n ..r r"ul l'lIU,I.. IIIXI'lI und illlllulhn..nlK ..( 1Ip',,'iul IUIIII","ml'nb' whid, u,.. I'u~.uhl,' h~'
I'ur('h;uu.r IJUrttlUUll In JJilrn~ral)h Ii "f thi:ot cnnUI,,'t; nnd
I.., 'l'he (..lIuwillll li"nK 0' ,'",'umhra","'."
;1. IlEI.IVEKY IW 1l~:~:1l AN\l ~:Vlln:Nt'\o: OF'l'J'I'U:. lIpon Pur..hllll"r'lI p,..m\lIIl",1 (ulllll,,(..'llIill.....
..r Ihill c..nl,m'l, 5..111" IIhnll:
lu' ~:x,...ule,u"kll..wl,..IIl" 111,,1 deli v," IlIl'u,d\llllt'r n Y::l,'...,hl y --.. -.. \l.,.,.I,1II
""'II,duhl" rll,m, l'llllVC)'illll IIIIl,k,'luhle lill" III Ihl' 1'"'1"'I't)' \U I'U,d\lIIl"', lIuhl,,,'1 ..nl,\ I" Ihl'
("Iluwin!: ,'x""Jllillllll:
(il 1',..~.. I'XI'I'l'li"I\K ".(",,.'<1 III ill ,Haru!:,uJlh 21n1, Ihl, 1l'IUllcllfh ,,( 11\\11 .,.."I'ill'l.
liil l.iI'II~. ""..umb,un....~, ".Iv,',..,' ,'Iuimll'or ..Ih.., Il\ull<'rll whi,'h l'un'huII,.,h... ('r,'ul'~1. ",",.,..1
u, 1.",miul<i I.. .",,,,u,' uClI" Ihe dULl' ..C Ihill ..unl'II"I; and
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(hi 1l,'hvI'r In I'urrltns..r th~ "ltMlrIIl't of titll' III Iltl.Prol)..rly or, iflh~ lill.. i. r"lCiMI..r..d.IIt""WIII'r'M
IloJ,lil"1I11' l"I'rtificnw of litl."
,I. 1'l!IlI'II"~E !'HlCE. !'1Ir1'haM.'r Mltulll"'~'11I St,lI..r,nt St PUll I ~llrille!!lota___,~____
_ . lh., Mum "f
LU1:....t.bOlls:lIId five hundred IInd no/lOO ------------ ($5,500,00 --- ),
aM unll fllr Ih~ I)Urchos~ priCI' for th~ !'rulK'rtY,I,"yuhlt,"s fnllows: III monthl)' illstu Ilmcnt,.
of Onc hundred and no/lOO ($100,00) Dollars. or more al the o~lion of
the purchasers, commencing Seplemb~r 1. 1986, alld contlnuinf( on the
1st day of each and every month thereafter until S~ptember 1. 1989,
when the entire balance remaining shall becnme due. Inter~st on lhe
unpaid balance shall be at. >.h.! :,ate of nilH' (9';.) perr.l'nl pel' il:oI,um
on the deferred bal:ulce: fr"m each lIIonthly installment, the illlf'rest
shall first be d~ductcd and the balance applied toward th.. r"durlion
of the principal sum, The real estate taxes shall be pnid by the
purchasers,
5, I'R~:rA YM ENT, Unl~8s otherwise provided in thiscontracl. Purchaser shall have the rilChl tll fully or
purliully prepay this cuntract at any time without 'penalty, Any purtial prepayment .hall be Rpplied
first I" pRym~"t of Rmounla th~n due und~r this contract. iRe/udin!: unpaid aceruf'CI int~rt!Kt. Rnd the
hnl"nc~ sholl be applied 10 the principRI installmenla 10 be paid in the inver.eorder oflhcir mah~rity.
PartiRI prepayment .hall not poatpone the due dote of the in...llmenta to be paid punuant to thi.
c"nlruct or chonRe the umount of .uch inslallmenta,
6, RF:AI. F.STA TF. T AX~:S ANn ASSESSMENTS, Pun:hoserahall pay, before penalty accru". all real
I'stule tax~s ond installmenls of .pecial o8lles.m~nts auessed altainat the Property whit'h are dut' and
payabl~ in the y..ar 19JL. and in all .ub.equent yean. Real .stall'laus and ins..llmt'nta of special
USM~MMm~nts which are due and payable in the year in which thi. contract is dated .hall be paid as
fulloWH:
Seller Wllrrftnla that the real estate taxes nnd installmenla of spec:ialllllaes.menta whieh were due and
plIYllhle in the y~ars preceding th~ yeor in which this contract is dated are paid in full,
7, I'H()I'~:It"'Y INSURANCE.
(,,) JNHUH~:\l IUSKS ANn AMOUNT, Pur..h"s, .hnl1 keep all buildinlClI, improvement.. And
fixlures nuW ur lol~r \clCal~d on or a porI nf the Property insurt'd OKuinst 10'" by fire, ~x~nd,od
CllverlllC~ perilll. vllndlllillm. ",olidou.. mischi~f and. if applicable. steam boiler t'xplolion fur III
1"Rllt tht' amount of ( ~" ""q" i ,...rl \ '
If Rny oith~ buildinltll. improvemenla or Ibturl!8 are located in a ft'dernlly dt'.iKnaled nnod prune
llr~u. and if nnod in.urance i. ovuilubll' for Ihat ar~a. purchaser shall procure und maintain nood
inlluronee in amounla reasonably satisfac:tory to Sellt'r,
(h) OTH~:R TERMS. '''e insurunce policy .hall contain a loa. payabledauuin fovor ofSellcr which
providt's thaI Seller's riltht to recover under Ihe insurance .hall not be impaired by IIOY lIela or
IImis.ions of Purcha.~r or Seller. and that S~II~r shan-otherwise be afforded all riKhla and
IJrivil~ltes c:ustc.mnrily provided a n,ortRllltl!l! under the so-called standard mortl(OKe doust',
(d NOTIC~: OJ.' DAMAGE. In the rvent of damalt~ to th~ rroperty by fire 0' other callunlly.
rurehllser .hall promptly "ive nntice "f such dnmnlt~ to S~lIcr and the in.urance cumpany,
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P. DAMAm: Tn THE rROrF.RTY.
(/I) AI'I'I.ICATION 01: INSURANCE J'HOCJ.:.:ns. If th~ Property is damaK.... hy fir~ or olh..r
c.'RHualty, tht' insuronc~ proce~d. poid on IIccount o( lu:.-h dnm:lj:~ shnll be appli.... tn poyn...ntof
Ihe IImlluntM poyable by rurchnser under thill conlrocl.~v~n ihu<h amuunla nr~ not thl'n dUI'IIII",
plliel, unlcslIl'urchall~r mllk~lI" pcrmitt~d ~Iec:tion dl,"t'rib~d in th~ nt'xt parllKrnph, ~Ul"h IImllunlll
IIholl b~ firsl Rpplied to unpaid ucc:rued inter~sl ond nexUu the installm~nl.lllo be pllid ;IS prnvid,'d
in this contrRc.'t in the inve..e order of th~ir maturity, Such payment shall not p""tpont' th" dUI'
dllte IIf \h~ inlltallmentll to be pnid punuant w this .:ontrot't or chanICe th. amllunl IIf such
,in.talln+nta, The blllance of insuran..e prc..eed., if any. ~all be the property of Purchaaer,
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THE """LA" OF ."HESO~
NOTICE OF PUBLIC HEARING
SUBDIVISION
Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will
meet on Tuesday, October 29, 1996, at 7 p.m. in the Margaret Rivers Room at the City
Public Library, 223 North Fourth Street, to consider a request from Clarice Auluck-
Wilson for a minor subdivision of one lot into two lots located north of 802 West
Mulberry in the RB, Two-Family Residential District. Case No. SUB/96-67.
All persons wishing to be heard with reference to this request will be heard at this
meeting.
Steve Russell
Community Development Director
Publish: October 18, 1996
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
..., ..........
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RESOLUTION NO. 96-266
APPROVAL OF MINOR SUBDIVISION
CASE NO. SUB/96-67
WHEREAS, Clarice Auluck- Wilson has requested the resubdivision of one lot north of 802
West Mulberry,
NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that
the minor subdivision of one lot into two lots located north of 802 West Mulberry in the RB-
Two Family Residential District is hereby approved.
Adopted by Council this 29th day of October, 1996.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
.. -... ~- -. ...-...---..-.._~-_____--.-.._... r~___~"""",-,-"':_~",-___._....",....._____ ~...<.-:.
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MEMORANDUM
TO: Mayor and City Council
FR:
Steve Russell, Community Development Director V
DA: October 23, 1996
RE: BUILDING MOVING PERMIT FOR MOVING RESIDENCE FROM 824 SOUTH
GREELEY TO WILLARD STREET SITE
Background:
The city has received a request for a building moving permit. The previous case SUB!
96-67 provides the site for the proposed move. An extensive application package has
been submitted by the purchaser of the house and new lot.
The planning commission reviewed both subdivision and building moving requests at
their October 14, 1996, meeting, After hearing neighborhood testimony for and against
approved both requests. A petition indicating neighborhood opposition to the request is
included in your agenda packet. I have included the building moving section of the city
code for your information and the decision responsibility of the council.
The planning commission action regarding building moving addresses criteria six an
seven of the regulations.
Recommendation: Decision on request
Attachment: Staff report and application CPC 10-14-96
pt~NING APPLICATION REVIEW F~M
CASE NO. BM/96-68
Planning Commission Date: October 14,1996
~roject Location: Lot south of 315 North William Street
Comprehensive Plan District: RB Duplex Residential
Zoning District: RB
Applicant's Name: Clarice Auluck Wilson
Type of Application: Building Moving Permit
Project Description: Request to move a building from 824 South Greeley to Williams Street site.
Discussion: The Planning Commission, in reviewing the building moving permit information, would
use the following building moving regulations in making a recommendation to the City Council.
"The building or its use would not be in compliance with zoning, building or other ordinances of the
city,"
"If the location to which the building is to be moved is in the city, and the building is in substantial
variance with either the established or the expected pattern of building development within the
neighborhood to which the building is to be moved, Comparative age, bulk, architectural style and
quality of construction or both the building to be moved and the buildings existing in the
neighborhood shall be considered in determining whether a building is in substantial variance, If the
building to be moved is more than ten years older than the oldest building situation on the lands
abutting the land to which the building is to be moved, such fact shall be evidence that the building to
be moved is in substantial variance."
The proposal meets zoning setback requirements. The application has pictures of the residence to
be moved and shows other residences in the immediate William Street area. The neighborhood is a
mix of older homes 1880-90 and 1950 -60 ramblers. The house being moved to the site was built in
the 1950s. The applicant has hired an architect to update the design of the house (see attached
drawing),
The planning commission action on the request is recommendation to city council. The council will
hold another public hearing on the request on October 29, 1996, review the planning commission
recommendation and public hearing testimony and make a final decision.
Recommendation : Approval
Attachments: Application
e CPC Action on 10-14-96: +6~0 approval
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/p-14-1 ft V
Petition Against the Planned Placement of a House on the Three
Hundred Block of North William Street. Case number BM/96-68.
We, the below residents, strongly protest to the move/propsed placement of the house situated
at 824 South Greely St. to the west side of North William Street between Mulberry St. and West
Linden St. We feel that it will destroy the look and feel of the neighborhood, and decrease the
property value of the immediate area.
Name:- Address:-
~~~D~(Jn~-_A^ ld-~\V.~~
'12--0 If'; ~(F'
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31.08 BUILDING t-IOVING REGULATIONS.
.~..=-__~ -.,.. 'Subd.ivision'T."'-PER1\IIT'REQUIRED. ."No -person-shall.-move ,_remove ,...raise,,,or .-" ..,.----
hold up a building within the City of. Stilh~ater ,when .the. building is ov.er .' _.
eight feet in width, thirteen feet, six inches in height, or 80,000 pounds
in gross weight, without first obtaining a permit from the City of Stillwater.
This permit shall not be required for a building that is in transit through
the City of.Stillwater, when the move has been permitted by a lawfully issued
permit from the County of Washington or the State of Minnesota.
Subd. 2. APPLICATION. A person seeking issuance of a pe~it hereunder
shall file an application for such permit with the City's Building Official
in writing. The application shall include the address and legal description.
of the land on \~hich the building is situated, and if within the City, to \oihich
it is proposed to be moved, the route, including identification of streets
or roads over which it is to be moved, the distance, the proposed date and time
of movement, the status of any outstanding taxes and such other information as
the City shall require for the determination to be made hereunder. ,The . " "
application shall not be accepted for filing unless,ac~ompani~d~y the following:_
(1) Evidence that all real estate taxes and special assessments against
the building and land from which it is to be removed are paid in full.
t.~io"
. ~
(2) A written statement, bill of sale or other written evidence that the
applicant is entitled to move the bu~l~ing.
(3) Written evidence of arrang~ments with all public utility companies
whose wires, lamps or poles are required to be removed, for the removal
thereof by the applicant.
@'"
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.
(4) Written evidence that applicant has complied with the provisions of
Minnesota Statutes 221.81, Building Moving Regulations.
.-
(5)
paym'ent'of"a fee in the"amount of $25.00 for the permit.-
(6) If the building is to be located within the City after its movement,
a survey by a licensed surveyor of the land to which the building 'is to
be moved, including the location of the building in relation to the
boundaries of the land.
(7) If the building is to be located within the City, after its movement,
photographs of: (a) two or more views of the building to be moved, (b)
the lot on which the building is to be located, and (c)'the lands, and
structures thereon" adjacent to the lot on which the building is to be
located.
(8) A schedule shall be supplied showing the times of day and the length
of time during which the move is planned to be accomplished.
a:~":'
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Subd. 3. DUTIES OF THE BUILDING OFFICIAL. Upon receipt of the application
accompanied by the fee, and the statement and information required by Subd. 2
hereof, the Building Official shall review the application and make such
Q'....!
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31.08 Subd. 3
investigation--as he-shall deem appropriate. He 'shall also obtain .the., , -e
reconunendations of the Director of Public Safety and City Engineer \vi th
respect to the streets and roads on which the building may be moved to assure
the greatest degree of safety to persons and property and to minimize
congestion on public streets. Upon completion of his revie\~ and investigation,
the Building Official shall make his report to the City Council.
Subd. 4. CITY COUNCIL HEARING.
; ;:::;;..-
'7 (1) In those instances in which applicant requests the moving of a building
to a location within the City, the City Council shall hold a public hearing
on whether a permit shall be issued not later than twenty-one (21) days
after the application has been accepted for filing. Notice, including
the time, date, place and purpose of the hearing shall be given by
publication in the official newspaper of the City and by mailing to the
owners of real estate situated within three hundred (300) feet of the
land to which the building is to be moved at least ten (10) days prior
to the date of the hearing. Notice containing t~e same information shall
be posted on the property to which the building is to be moved, not less
than ten (10) days prior to the date of the hearing. Failure to give
mailed notice or any defect in the notice shall not invalidate the ,hearing
or any proceedings there taken.
"
(2) At the conclusion of the hearing, the City Council shall either deny
or issue a permit.
+~ ...
Subdo 5. DENIAL OF A PERMIT. Issuance of a permit shall be denied upon
a finding of anyone of the following:
(1) Applicant has not complied with any requirement imposed by Subd. 2
hereof.
(2) Persons or property in the City would be endangered by movement of
the bui1idng because it is too large or for any other reason.
(3) The building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it would constitute a danger to
persons or property in the City.
(4) The building is structurally unsafe or unfit for the purpose for
which moved, if the location to which the building is to be moved is
in the City.
(5) The equipment for moving the building is unsafe and persons or property
would be endangered by its useu
cpc:- -~t.
(6) The building or its use would not be in compliance with zoning, building
or other ordinances of the City.
Lit, -41/
(7) If the location to which the building is to be moved is in the City,
and the building is in substantial variance with either the established
or the expected pattern of building development within the neighborhood
to which the building is to be moved. Comparative age, bulk, architectural
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style and quality of construction of both the building to be moved and
--'a-"M' .- ..---,the buildings-existing inthe-neighborhOOd.Shall_be__conSid.e,re(Lin..detennining._,._,_..
"-W.. 'c' whether a building is insubstantial variance. ",If,the.,building to ,be moved _ _ '
is more than ten years older than the oldest building situated on the lands
abutting the land to which the building is to be moved, such fact shall be
evidence that the building to be moved is in substantial variance.
Subd. 6. DUTIES OF PEro~IT HOLDER. Persons receiving a pennit from the
City pursuant to this ordinance shall:
(1) ~Ioving the building over those streets only \-ihich are designated for
such use in the permit.
(2) Notify the Building Official in writing of any desired change in the
date or times of moving the building from that indicated in the application
and conduct moving operations only on the date and at the times designated
in the application or approved in writing by the Building Official and shall
notify the Director of Public Safety at least 24 hours prior to commencing
movement of the building.
(3) Notify the Building Official in writing of damage caused to property
belonging to the City or any public utility within 24 hours after the
damage ,or injury has occurred.
(4) Warning lights shall be displayed and shall be in compliance with
the State of Minnesota and Washington County regulations. The permit
holder shall erect and maintain barricades across streets as shall be
necessary and in a manner as directed by the Director of Public Safety
to protect the public from damage or injury by reason of the movement or
removal of the building.
(5) Except in an emergency, the pennit holder shall not park the building
on any City street at any time during the moving process. In the event
of such an emergency, the permit holder shall immediately notify the
Director of Public Safety of the City of Stillwater.
(6) Comply with the Building Code, the Fire Ordinance, the Zoning
Ordinance and all other ordinances and laws.
I (7) Pay the expense of any traffic officer ordered by the Building Official
to accompany the movement of the building to protect the public from injury.
(8) Remove all rubbish and materials and fill all excavations to existing
grade at the original building site, if within the City, so that the premises
are left in a safe and sanitary condition. All foundation structures shall
be removed to a depth of 18 inches below the finished grade of the earth.
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(9) Cause any sewer lines to be plugged with a concrete stopper, and the
water to be shut off if the original building is within the City. The
holder of the permit shall notify gas, electric and other utilities to
remove their services.
5-3-83
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Subd. 6
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(10) If the building is relocated in the City, complete within ninety
(90) days after removal, all remodeling, additions or repair~ as i~~i~ated ~
in the application, in any document filed in support thereof, or in any
building permit issued in connection therewith.
(11) Take all reasonable precautions to secure the building and to reduce
danger of any member of the public until the building is set on its
foundation and any remodeling, additions or repairs, described in the
application, have been completed, including but not limited to:
(a) locking all doors and windows;
(b) providing sufficient support or barcing so as to stabilize the
building to prevent it or any part thereof from sliding, slipping,
falling or moving; and
(c) erecting and maintaining a security fence or wall, the base of
which shall be no higher than four (4) inches, and the top of which
shall be at least four (4) feet above the surface of the ground and
which shall enclose the entire building as well as the excavation for
the foundation.
Subd. 7. LIABILITY TO CITY.
(1) The holder or holders of a ,permit shall be liable jointly and severally
for any expenses, damages, or costs paid or incurred by the City as a result
of the issuance of a permit or the taking or failure to take any action by
the holder or holders of the permit or the City hereunder.
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(2) The City may take or cause to be taken any of the following actions
and may re~ain so much of the cash deposit necessary to reimburse itself
for any costs or expenses incurred as a result thereof:
(a) . If the City, in its sole discretion, determines that the premises
from which, or to which the building is to be moved, if within the
City, or the movement of the building through or within the City
is unsafe or constitutes any other unsafe condition, the City, in
its sole discretion may, but shall not be required to, take or cause
such action to be taken to eliminate such unsafe condition or conditions
as it shall deem appropriate.
(b) If the premises from which the building has been removed are
within the City and such premises are left in an unsafe or unsanitary
condition or the provisions of this ordinance with respect to such
premises have not been complied with, the City may, but shall not be
required, in its sole discretion to take or cause such action to be
taken to remedy such unsafe or unsanitary condition and to place the
premises in such condition as to be in compliance with this ordinance.
Subd. 8. TI~~S SPECIFIED. No person shall move any building on any
public street or highway within the City at any time other than those times
specified by the Director of Public Safety.
Subd. 9. SEPARABILITY. Every section, provision, or part of this ordinance
is declared separable from every other section, provision or part thereof.
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Subd. 10. PENALTY. Any person violating or failing to comply with any
provision of this ordinance shall upon. conviction thereof, be guilty .of a
misdemeanor.
5-3-83
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THE BIRTHPLACE OF MINNESOTA ~
NOTICE OF PUBLIC HEARING
BUILDING MOVING
Notice is hereby given that the Planning Commission of the City of Stillwater,
Minnesota, will meet on Monday, October 14, 1996, 1996, at 7 p.m. in the Margaret
Rivers Room at the City Public Library, 223 North Fourth Street, to consider a request
from Clarice Auluck-Wilson for a building moving permit to move a house from 824
South Greeley Street to the west side of North William Street between West Mulberry
Street and West Linden Street in the RB, Two-Family Residential District. Case No,
BM/96-68.
The Planning Commission will be considering this case at a public hearing on Monday,
October 14, 1996, at 7 p.m. in the Margaret Rivers Room at the City Public Library, 223/
North Fourth Street. If you have any comments or concerns regarding this request,
please attend the meeting.
The City Council will be considering this case at a public hearing on Tuesday, October
29, 1996, at 7 p.m. in the Margaret Rivers Room at the City Public Library, 223 North
Fourth Street. If you have any comments or concerns regarding this request, please
attend the meeting.
All persons wishing to be heard with reference to this request will be heard at these
meetings.
Steve Russell
Community Development Director
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: October 23, 1996
RE: VARIANCE FOR RELOCATION OF ON-SITE SEPTIC SYSTEM V/96-69
118 LAKESIDE DRIVE
Background
The request was reviewed and recommended by the Planning Commission at their
meeting of October 14, 1996. Because of late application submittal, no planning
commission public hearing was held. Because the site is in the Bluffland/Shoreland
District, a public hearing before the Council is required with notification to the DNR.
Although we have not received official comment from the DNR, they have indicated
they will be cooperative in reviewing the variance request to expedite the installation,
The Planning Commission recommended approval of the request.
Attachment: Application and staff report CPC 10-14-96 for V/96-69.
(7)
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PLANNING APPLICATION REVIEW FORM
CASE NO. V/96-69
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Planning Commission Date: October 14,1996
Project Location: 118 Lakeside Drive
Comprehensive Plan District: RB - Bluffland Shoreland
Zoning District: RB
Applicant's Name: Michael and Sheryl Meyer
Type of Application: Variance
Project Description: The request is for the installation of an on-site septic system
within the required 40 foot setback.
Discussion: The septic system is failing and needs to be reconstructed. The location
of the new system is within 40 feet of the bluffline requiring a variance from the
Bluffland/Shoreland regulations. Variances to the bluffland/shoreland district are heard
by the city council for final decision. The planning commission action is a
recommendation to the city council.
Recommendation: Approval
Attachments: Application
Conditions of Approval:
1. Silt fencing shall be installed around all areas disturbed by the installation.
2. The are disturbed by the installation shall be resoded as soon as possible.
3. The septic system design shall be approved by the building inspector for
consistency with PCA standards.
4. The city council action shall be forwarded to DNR for their approval before a building
permit is issued by the city.
CPC Action on 10-14-96: Recommendation to City Council for 10-29-96 meeting.
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...Date Filed: ~(ttt>
Fee Paid: .tI _ O. __
Receipt No. : Sl..{ J 74
,PLANNING ADMINISTRATION FORM
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ACTION REQUESTED:
COMMUNITY DEVELOPMENT DEPARTMENT _ Certificate of Compliance
CITY OF STILLWATER _ Conditional or Special Use Permit
216 NORTH FOURTH STREET _ Design Review
STILLWATER, MN 55082 _ Planned Unit Development
.JL:.Variance
_ Comprehensive Plan Amendment
_ Zoning Amendment
_ Subdivision
_ Resubdivision
Total Fee
FEE(l)
$70
$70/170
-0-
$270
570
$300
$300
$100+$50/lot
$50
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application.
. . .
PROPERTY IDENTIFICATION
Address of Project / / Pi Lo.ee~//e Dr. ASsessor's Parcel No. Oq a70 - '7/--;;)0
Zoning District ,,' , Description ofPp~ject. ((p l> IBJ'~ 01 I'lJ Dra.';A
'-f:' el &. w~ fA. A/&J Dr<<I'ro.. 4eltP" .t!:J ^ r;.~7' ~' ~ e~ A!c,"<- S'\?
"I hereby state the foregoing statements and all data, information and evidence submitted huewith in all respects, to the
best of my knowledge and belief, true and correct. I further certify I will complY with the permit if it is granted and used."
Propert!f Owne~ ~J.'lj 9-5"' 1J.~/ f:'",r Representative
Mai1~ Address ~l" /",k' ~ ,'pc ... . f)-". - Mailing Address
,Sl.,-/Itva _- J 111"", ~~C>f3 '2
Telephone No. f- '1.51 -f3 r;) tI~ Telephone No.
, tA-J- '7-g~-~~~?
Signature r 17L.?'-. Signature
Total building floor Area
Existing sq. ft.
Proposed sq. ft.
Paved Impervious Area sq. ft.
Number of off street parking spaces provided
TE AND PROJECf DESCRIPTION
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Lot Size (dimensions) i 00 / x /3S-
Land Area /"5 '180/
Height of Buildings: Stories
Principal
Accessory
sq. ft.
Feet
i ~DITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION
REVIEW
Revised 9/19195
,\1ADHr:XCLUSIVF.LYFORI Mich~/~ ilnd ShHryl Meyer, 11H LilG=~side Drive,
Stillh~ter. Minnesota 55082
nON. 'As necorded on Cert. of Title No. 43312:
r (4) and the South Forty (40) feet of Lot Three (3), in Block Fifty-one (51)
nd SCHULENBURG'S ADDITION TO STILLWATER, Minnesota, but not including any part of
N.h Lake Street adjoining said lot, according to the recorded plat thereof on
d record in the office of Register of Deeds of Washington County, Minnesota.
ded by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21 t 1878
Orientation of this bearing system is assumed.
o Indicates 1/211 1.0. iron pipe set marked with a plastic plug inscribed RLS 13774
Elevations shown hereon are based on N.G.V.Datum. 1929 Adjustment.
Offsets shown to existing and proposed structures are measured to the outside
building wall line, unless noted otherwise.
Note encroachment of surveyed location of southerly line of Lot 3JLAKEVIEW TERRACE
which adjoins northerly. DisclIss this matter with your attorney for review and
opinion. Note encroachment of stone retaining wall along the nlly desc. prop. Iin
Underground or overhead public or private utilities on or adjacent the property
were not located in conjunction with this survey.
Existing Meyer dwelling building footprint area =
Proposed Garage Addition footprint area =
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1236 sQ. ft. :t
480 sQ. ft: :!: . I A _ __
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I hereby certify that this survey. piau. pI' I'l'l
prepared by mc or under my dircct SII Jll'l'visiu II
I am a duly Rcgistered l.and Survc)'ur IIlllkr 1\1,
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THE "''''LACE OF .lHHE"~
NOTICE OF PUBLIC HEARING
VARIANCE
Notice is hereby given that the Planning Commission of the City of Stillwater,
Minnesota, will meet on Monday, October 14, 1996, 1996, at 7 p.m. in the Margaret
Rivers Room at the City Public Library, 223 North Fourth Street, to consider a request
from Michael and Sheryl Meyer for a variance for the installation of an on-site septic
system within the required 40 foot setback located at 118 Lakeside Drive in the RB-
Bluffland Shoreland District. Case No. V/96-69.
The Planning Commission will be considering this case at a public hearing on Monday,
October 14, 1996, at 7 p.m. in the Margaret Rivers Room at the City Public Library, 223
North Fourth Street. If you have any comments or concerns regarding this request,
please attend the meeting.
The City Council will be considering this case at a public hearing on Tuesday, October
29, 1996, at 7 p.m. in the Margaret Rivers Room at the City Public Library, 223 North
Fourth Street. If you have any comments or concerns regarding this request, please
attend the meeting.
All persons wishing to be heard with reference to this request will be heard at these
meetings.
Steve Russell
Community Development Director
Publish: October 11, 1996
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Sports facilities-Architectural
and Engineering services
DA: October 25, 1996
Discussion:
The City of Stillwater has submitted an application for Mighty Ducks funds to help finance the
construction of a new sports facilities. It is my understanding that awards will be known within
the next few days. In anticipation of receiving word on the success of our application, I think it is
important that the City begin taking steps now to insure the timely development of the
project.Timely development would mean the availability of ice time on or about October 1, 1997.
More specifically, I would recommend that the Council select an Architect to provide services
necessary to accomplishment the project - primarily design and specifications of the facilities.
The scope of services could be included in the contract between the City and the firm. I would
further recommend that the agreement be similar to that which the City has with BWBR for the
City Hall project (i.e., AlA Standard Form of Agreement). The City and Architect should also
develop a budget summary for the project in order to have a better understanding of the scope
and cost of the project.
It would not be necessary to actually sign the contract at this time. However, I am suggesting that
the Council at least select an Architect soon in order to be better prepared to move forward in a
timely manner when the project does become feasible. Obviously the work would be performed
only if there is a project.
In regards to the selection process I would suggest that the council give due consideration to
Bonestroo Rosene and Anderlik & Associates ("BRA"). It is apparent that this firm has
(according to the Statement of Qualification submitted by BRA) designed similar facilities and
would be highly qualified to perform the work. Another option would be to prepare a Request for
Proposal and select an Architect thru the RFP process (this would probably take 4-6 weeks).
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In regards to the actual construction process, I would recommend that Steve Russell be assigned
the responsibility of coordinating the development process for the City. This would include
development of the final agreement between the Architect and City (e.g., scope of services,
budget summary, fees, etc.).
Recommendation:
Council consider selection of Architectural firm for work related to sports complex and assign
responsibility of coordinating the development process to Steve Russell.
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111
Bonestroo, Rosene,lInder/lk and IIssoclares, Inc, is an Affirmarive IIcfion/Equal Opportuniry Employer
Principais: Otto G, Bonestroo. P.E. . Joseph C, Anderlik. P.E, . Marvin L, Sorvala, P.E, .
Richard E, Turner, P.E, . Glenn R, Cook, P.E, . Thomas E, Noyes, P.E, . Robert G, Schunicht. P.E, .
Jerry A, Bourdon. P.E. . Robert W, Rosene, P.E, and Susan M, Eberlin, C,P.A" Senior Consult an IS
IIssociare Principals: Howard A, Sanford. P.E, . Keith A. Gordon. P.E, . Robert R, Pfefferle, P.E, .
Richard W, Foster. P.E, . David 0, Loskota. P.E, . Robert C. Russek, AJ,A, . Mark A, Hanson, P.E. .
Michael T, Rautmann. P,E, . Ted K,Field. P,E, . Kennelh P. Anderson. P.E, . Mark R. Rolfs. P.E. .
Sidney P. Williamson, P.E" LS, . Robert F, Kotsmlth
Offices: St, Paul. Rochester, Wlllmar and St, Cloud, MN . Mequon, WI
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
October 14, 1996
City of Stillwater
Attention: Mr. Nile Kriesel, Coordinator
City Hall
216 North Fourth St.
Stillwater, MN 55082-4898
Honorable Mayor and City Council Members:
The 81. Croix Valley Sports Facility Commission is very close to meeting the fund raising goals for
, the St. Croix Valley Sports Complex. We want to make you aware of the tight deadlines faced by
the City to meet the October 1, 1997 opening of the facility. As you know, this opening date is
critical to maximize revenue from rentals for the 1997-98 ice season. Typically facility rental
commitments are made months ahead of time. If the City intends to meet the local demand for ice
time and maximize its revenue potential, it must give user groups a commitment to this opening
date. . .
As a result of this "deadline" the following issues are of concern:
Bidding Climate
The optimum window for bidding is mid-January to mid-February for a project of this magnitude to
be constructed by September. This means that the architectural plans and specifications must be
complete by early January to meet advertising requirements and ensure sufficient bidders.
Design Timeline ,
To allow sufficient time for facility design and the development of bidding documents for this $4'.1
million facility a minimum of 12 weeks for preparation is essential. This 12-week schedule is
ambitious and assumes a quick turnaround on the part of the City for design review decisions.
Market Conditions
Our recent experience and observation of the construction marketplace show that inflation is a
factor in this building type. Contractors are extremely busy. We have seen costs as much as 10
percent higher than estimates. The cost estimate for the St. Croix Valley Sports Complex was
developed in September, 1995. To maintain the $4.1 budget will require careful management of
,design and product selection and timing of bidding and construction.
Construction Services
The method of construction services for this project has not been determined. We have reviewed
with G.W. Olsen Construction Company their successful results on the City of Stillwater Library,
City Hall and the UBC facility. With this record and the need for intimate communications with
local bidders we would hope that this firm would be used in the same construction management
capacity on this project.
2335 West Highway 36 · St. Paul, MN 55113-3898. 612-636-4600
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City of Stillwater
October 14, 1996
page 2
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Qualifications
A Statement of Qualifications for our firm covering this municipal multi-purpose recreational
building type is attached. We designed the Woodbury Bielenberg Sports Complex, which is very
similar in concept to the St. Croix Valley Sports Facility. We have designed multi-purpose ice
arena facilities around the country. Weare very excited about the opportunity to put our expertise
to work for you here in Stillwater.
It has been a pleasure for our fIrm to work on the fund raising program for this exciting project. We
look forward to working for the City on the facility design and construction. Thank you for your
consideration.
Sincerely,
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC.
Otto G. Bonestroo
cc: Dick Olsen
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ORDINANCE NO. 825
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AN ORDINANCE REGULATING PAWNBROKERS
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Subd. 1. PAWNBROKER.
(a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in
whole or in part in the business of lending money on the security of pledged
goods left in pawn, or in the business of purchasing tangible personal property
to be left in pawn on the condition that it may be redeemed or repurchased by
the seller for a fixed price within a fixed period of time.
(b)
The following are exempt from the definition of "pawnbroker": any bank
regulated by the State of Minnesota, the comptroller of the currency of the
United States, the Federal Deposit Insurance Corporation, the board of governors
of the Federal Reserve System or any other federal or state authority and their
affiliates; any bank or savings association whose deposits or accounts are eligible
for insurance by the Federal Deposit Insurance Corporation or any successor to
it and all affiliates of those banks and savings associations; any state or federally
chartered credit union; and any industrial loan and thrift company or regulated
lender subject to licensing and regulation by the department of commerce.
Subd. 2. PAWNSHOP. "Pawnshop" means the location at which or premises in which a
pawnbroker regularly conducts business.
Subd. 3. PAWN TRANSACTION. "Pawn Transaction" means any loan on the security of
pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the
pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of
time.
Subd. 4. PERSON. "Person" means an individual, partnership, corporation, limited liability
company, joint venture, trust, association, or any other legal entity, however organized.
Subd. 5. PLEDGED GOODS. "Pledged Goods" means tangible personal property other than
chosen in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by,
deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with
a pawn transaction. -
Subd. 6. LICENSEE ELIGIBILITY.
(a) To be eligible for or to maintain a pawnbroker license, a person must operate
lawfully and fairly within the purposes of this chapter and the applicable local
ordinance and:
(1) May not be a minor at the time that the application for a pawnbroker's
license is filed;
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(2)
may not have been convicted of any crime directly related to the
occupation licensed as prescribed by section 364.03, subdivision 2,
unless the person has shown competent evidence of sufficient
rehabilitation and present fitness to perfonn the duties of a licensee under
this chapter as prescribed by section 364.03, subdivision 3; and
must be of good moral character or repute.
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(3)
(b) Any change, directly or beneficially, in the ownership of any licensed pawnshop
shall require the application for a new license and the new owner must satisfy all
current eligibility requirements.
Subd. 7 . PAWN TICKETS,
(a) ENTRIES OF PAWN TICKETS. At the time of making the pawn or purchase
transaction, the pawnbroker shall immediately and legibly record in English the
following information by using ink or other indelible medium on fonns or in a
computerized record approved by the municipality:
(1) a complete and accurate description of the property; including model and
serial number if indicated on the property;
(2) the full name, residence address, residence telephone number and date
of birth of the pledgor or seller;
(3) date and time of pawn or purchase transaction;
(4) the identification number and state of issue from one of the following
fonns of identification of the seller or pledgor: current valid Minnesota
driver's license; current valid Minnesota identification card; or current
valid photo identification card issued by another state or a province of
Canada;
(5) description of the pledgor including approximate height, sex and race;
(6) amount advanced or paid;
(7) the maturity date of the pawn transaction and the amount due; and
(8) the monthly and annual interest rates, including all pawn fees and
charges.
Subd. 8. PRINTED PAWN TICKET. The following shall be printed on all pawn tickets:
(a) the statement that "Any personal property pledged to a pawnbroker within this
state is subject to sale or disposal when there has been no payment made on the
account' for a period of not less that 60 days past the date of the pawn
transaction, renewal, or extension; no further notice is necessary. There is no
obligation for the pledgor to redeem pledged goods. '"
(b) the statement that "The pledgor of this item attests that it is not stolen, it has no
liens or encumbrances against it, and the pledgor has the right to selI or pawn the
item.";
(c) the statement that "This item is redeemable only by the pledgor to whom the
receipt was issued, or any person identified in a written and notarized
authorization to redeem the property identified in the receipt, or a person
identified in writing by the pledgor at the time of the initial transaction and
signed by the pledgor. Written authorization for release of property to persons
other than the original pledgor must be maintained along with the original
transaction record. "; and
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(d) a blank line for the pledgor's signature.
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Subd. 9. RECORDS: RETENTION.
(a) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the
pawn ticket.
(b) The pawnbroker shall maintain on the premises a record of all transactions of
pledged or purchased goods for a period of three years. These records shall be
a correct copy of the entries made of the pawn transactions. A pawnbroker shall
upon request provide to the appropriate law enforcement agency a complete
record of pawn items.
Subd.lO. EFFECT OF NONREDEMPTION,
(a) A pledgor shall have no obligation to redeem pledged goods or make any
payment on a pawn transaction. Pledged goods not redeemed within at least 60
days of the date of the pawn transaction, renewal, or extension shall
automatically be forfeited to the pawnbroker, and qualified right, title and interest
in and to the goods shall automatically vest in the pawnbroker,
(b) The pawnbroker's right, title and interest in the pledged goods under paragraph
(a) is qualified only by the pledgor's right, while the pledged goods remain in
possession of the pawnbroker and not sold to a third party, to redeem the goods
by paying the loan plus fees and/or interest accrued up to the date of redemption.
(c) A pawn transaction that involves holding only the title to property is subject to
Minnesota Statutes chapter 168A or 336.
Subd. 11. PERMITTED CHARGES.
(a) Notwithstanding any other statute, ordinance, rule, regulation or section 325J.13
of Minnesota Statutes, a pawnbroker may contract for and receive a pawnshop
charge not to exceed three percent per month of the principal amount advanced
in the pawn transaction plus a reasonable fee for storage and services. A fee for
storage and services may not exceed $20 if the property is not in the possession
of the pawnbroker.
(b) The pawnshop charge allowed under paragraph (a) shall be deemed earned, due
and owing as of the date of the pawn transaction and a like sum shall be deemed
earned, due and owing on the same day of the succeeding month. However, if
full payment is made more than two weeks before the next succeeding date the
pawnbroker shall remit one-half of the pawnshop charge for that month to the
pledgor.
(c) Interest shall not be deducted in advance, nor shall any loan be divided or split
so as to yield greater interest or fees than would be permitted upon a single,
consolidated loan or for otherwise evading any _provisions of this section.
(d) Any interest, charge or fees contracted for or received, directly or indirectly, in
excess of the amount permitted under this section, shall be uncollectible and the
pawn transaction shall be void.
(e) A schedule of charges permitted by this section shall be posted on the pawnshop
premises in a place clearly visible to the general public,
'e
Subd. 12. RECORDS: PROHIBITIONS. A pawnbroker and any clerk, agent, or employee of
a pawnbroker shall not:
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(a)
(b)
(c)
(d)
(e)
(t)
make any false entry in the records of pawn transactions;
falsify, obliterate, destroy or remove from the place of business the records,
books, or accounts relating to the licensee's pawn transactions;
refuse to allow the appropriate law enforcement agency, the attorney general, or
any other duly authorized state or federal law enforcement officer to inspect the
pawn records or any pawn goods in the person's possession during the ordinary
hours of business or other times acceptable to both parties;
fail to maintain a record of each pawn transaction for three years;
accept a pledge or purchase property from a person under the age of 18 years;
make any agreement requiring the personal liability of a pledgor or seller, or
waiving any provision of this section, or providing for a maturity date less than
one month after the date of the pawn transaction;
fail to return pledged goods to a pledgor or seller, or provide compensation as
set forth in section 325J .09 of Minnesota Statutes, upon payment of the full
amount due the pawnbroker unless either the date of redemption is more than 60
days past the date of the pawn transaction, renewal, or extension and the
pawnbroker has sold the pledge goods pursuant to section 325J. 06 of Minnesota
Statutes, or the pledged goods have been taken into custody by a court or a law
enforcement officer or agency;
sell or lease, or agree to sell or lease, pledged or purchased goods back to the
pledgor or seller in the same, or a related, transaction;
sell or otherwise charge for insurance in connection with a pawn transaction; or
remove pledged goods from the pawnshop premises or other storage place
approved by a municipality at any time before unredeemed, pledged goods are
sold pursuant to section 325J .06 of Minnesota Statutes.
(g)
(h)
(i)
(j)
Subd. 13. REDEMPTION: RISK OF LOSS. Any person to whom the receipt for pledged goods
was issued, or any person identified in a written and notarized authorization to redeem the pledged goods
identified in the receipt, or any person identified in writing by the pledgor at the time of the initial
transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods
described on the ticket. In the event the goods are lost or damaged while in possession of the
pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to
the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a
defense to any prosecution or civil action.
Subd.14. MOTOR VEHICLE TITLE PAWN TRANSACTIONS: SPECIAL PROVISIONS.
(a) In addition to the other requirements of this chapter, a pawnbroker who holds a
title to a motor vehicle as part of a pawn transaction shall:
(1) be licensed as a used motor vehicle dealer under section 168.27 of
Minnesota Statutes, and post such license on the pawnshop premises;
(2) verify that there are no liens or encumbrances against the motor vehicle
with the department of public safety; and
(3) verify that the pledgor has automobile insurance on the motor vehicle as
required by law.
(b) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until
90 days after recovery of the motor vehicle.
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Subd. 14. PAWNSHOP LOCATION. No pawnshop shall be located within one driving mile
of any church or school, and only in the Industrial Park Commercial Zoning District. No pawnshop,
lawfully operating as of the date of the enactment of this section, shall be required to relocate or close
as a result of this section.
Subd. 15. VIOLATION. A violation of this chapter by a pawnbroker or pledgor is a
misdemeanor.
In all other ways the City Code shall remain in full force and effect.
This Ordinance is effective this
day of October, 1996.
CITY OF STILLWATER
By
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
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CITY OF STILLWATER
MEMORANDUM
TO:
Mayor and City Council
Klayton Eckles, City Engineer /t..E ~
FROM:
DATE: October 25, 1996
SUBJECT: Discussion of Environmental Studies in the Annexation Area
DISCUSSION
Attached is a memo from David Hahn of SEH which discusses the Stillwater Annexation
Environmental Studies. Also preliminary guidelines for proposed scope of services for the
environmental studies is attached. Mr. Hahn will be present at the meeting to brief council on
the steps necessary to complete the AUAR Environmental Studies for this area.
Many steps must be taken prior to development of the annexation area. In addition to this
environmental study a feasibility report on the trunk facilities must be completed. Also a cost
recovery program must be developed to finance the cost of all improvements. Before actual
construction can begin a utility design must be completed and easements must be obtained.
Looking at the time line for completion of these steps it appears that 1998 may be the best
estimate for when utilities will become available. The critical path in the time line includes the
AUAR completion, therefore it's very important to begin this process as soon as possible.
It's estimated that the cost of completing the AUAR study will be over $50,000.00 and could go
as high as $100,000.00. The next step in the process is to receive a proposal for the cost of
preparing the proposed AUAR study. SEH has indicated that they could have a proposal to city
council by November 17.
RECOMMENDATION
Staff recommends council review the information on the AUAR scope and determine if it is
adequate and direct staff to receive proposal for the completion of this study.
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MEMORANDUM
. ST. PAUL, MN
CJ MINNEA~OLIS, MN
CJ LAKE COVNTY, IN
lJ ST. CLOUD, MN C CHIPPEWA FALLS. WI t:J MADISON, WI
TO:
Klayton Eckles P.E.
FROM:
David Hahn P.E.
DATE:
October 23, 1996
RE:
Stillwater Annexation and AUAR
I have attached a copy of the Preliminary Guidelines for the Proposed Scope of Services for the
Stillwater (Alternate Urban Areawide Review) or AUAR. This guideline was prepared to be project
specific for the Stillwater 1800 aCre annexation. The AUAR is a document which is a highbred of
the EA W and the Minnesora Enviromental Quality Board has recommended its use in this case. The
primary advantage of using the AUAR over an FA. W is that an AUAR will address the entire
annexation area as one document while an EA W would have to be prepared for ever project
considered in the annexation area. Accordingly, revisions to the comprehensive plan can be reviewed
for the entire area.
Because of the unique nature of the watershed which the aIUlexation area falls into several meetings
have been held with the Minnesota DNR and the EQB in an effort to define a complete scope of work
required to satisfy the DNR through the AUAR submittal. The attached guideline has been submitted
to the DNR for their review and a meeting will be held in the near future to discuss the scope required.
Once this has taken place the work involved in preparing the AUAR can begin.
It is expected thar the actual effort of the AUAR and the subsequent review by the various agencies
will take a minimwn of one year to complete.
C:\DA VE\STL WTRIAUAllI2.WPD
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1,800 Acre Annexation
P,reliminary Guidelines for Proposed Scope of Services
Stillwater (Alternate Urban Areawide Review) AUAR
October 7, 1996
.
1. Title. The title shall be Stillwater Annexation and Redevelopment Area.
2. Proposer. Identify the City of Stillwater as the AUAR proposer. It is not necessary for AUAR purposes to
identify property o\\'ners within the AUAR area (although it may be useful to use such names as identifiers
of various land parcels).
3. RGU. The AUAR will identify the City of Stillwater as the Responsible Govemmental Unit (RGU).
4. Location and maps.
a. The USGS map will be included.
b. The following will be prepared: (1) a map clearly depictina the boundaries of the AUAR and any
subdistricts used in the AUAR analysis; (2) land use and planning and zoning maps as required in
conjunction with items 9 and 28; and (3) a cover tYpe map as required by item t 1. Additional maps may
be included throughout the document whenever maps are useful for displaying relevant information.
.
S. Description. The descriptive section of an AUAR will include the following elements for each major
development scenario included:
a. Anticipated types and intensity (density) of residential and commerciaVwarehousellight industrial
development throughout the AUAR area.
b. Infrastrocture planned to serve development (roads, sewers, water, stormwater system, etc.) Roadways
intended primarily to serve the adjoining land uses within an ADAR area will be included as part of an
AUAR. More "arterial" types of roadways that would cross the AUAR area are included in the AUAR
analysis; an intensive level ofreview, including an analysis of alternative routes information about the
anticipated staging of various developments, and of the infrastructure, and how the infrastructure staging
will influence the development schedule will be included. (As developed in the recently adopted
comprehensive plan for the City of Stillwater).
Note: the RGU must aSSure that the development described complies with the requirements of MNEQB
Rules 4410.3610 subpart 3.
Excerpt; EQB rules 4410.3610 part 3. Order for review,' geographic area designation and speciftCatlon of
development. The RGU shall adopt an order for each review under this par/that specifies the bowtdaries
of the geographic area within which the review will apply and specifies the anticipated nature. location, and
intensity of residential and commercial development wilhin those boundaries. The RGU may specify more . I
than one scenario of anticipated development provided that at least one scenario is consistent with the
adopted comprehensive plan. At least one scenario must be consistent with any known development plans
of properly owners within the area. The RGU may delineate subareas within the area, as appropriate to
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facilitate planning and review of futu.re development, and allocate the overall anticipated development
among the subareas.
6. Project magnitude data. The cumulative totals of the parameters called for will be given for each major
development scenario, except that information on "manufacturingt" "other industrial,n "institutional,"
ccagricultural/' and "building heights" is optional.
7. Permits and approvals required. A listing of major approvals required by the anticipated types of
development will be given (note: this includes local, regional, state, and federal approvals/permits
required). Construction permits and approvals will also be included in listing.
8. Cover types.
a. A cover we map at 1 ":200' scale and in electronic fonnat will depict the following:
1. wetlands - identified by type
2. watercourses - rivers, streams, creeks, ditches, and floodplains
3. lakes - identify protected waters status and shore land management classification
4. woodlands -l\THP woodland classification system
5. grassland - NHP prairie classification and old field evaluated for biodiversity
6. cropland w prime and unique farmland classification
7. natural setting location, special study areas, open space inventory sites, restrictive soils,
city/linear/county trail plan and neighborhood boundaries from Stillwater comprehensive plan
8. watershed drainage areas
9. existing land use
10. a key to all of the above coverages defining the habitat types provided
b. Overlay map~ of the major development scenarios will be developed at the same scale as the cover type
map and in electronic format to allow transposing of the development scenarios and the cover type.
9. Fish, wildlife, and ecologically sensitive resources.
a. The relative habitat value of the different habitat types on the cover type map will be assessed; the
development scenarios will be compared with respect to area of habitat type affected, the cumulative
impact, and seventy with respect to most unique, rare, or irreplaceable habitat type impacted.
b. For the AUAR, a consultation with the ONR Natural Heritage program for information about reports of
rate plant and animal species in the vicinity is required. If such consultation indicates the need, an on-site
habitat survey for rare species in the appropriate portions of the AUAR area is required. Areas of on-site
surveys will be depicted on a map, as will any "protection zones" established as a result.
10. Physical impacts on water resources. The potential physical and hydrologic alteration of surface waters
will be assessed for the 811ticipated infrastructure and development in the project area as evaluated in the
City's Comprehensive Plan. The discussion will include assessment of dredging, filling and other potential
direct and indirect impacts to lakes, wetlands, streams and other surface waters within and downstream of
the study area. The discussion will also include assessment of hydrologic modifications, including rate of
discharge into or out of areas lakes, wetlands and streams, frequency and ex.tent of water level fluctuations
and interactions with ground water. Opportunities for mitigation of potential impacts will be identified and
evaluated. .
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11. Water Use. Because a new water supply well is required specific information about that appropriation and .
its potential impact on groundwater levels will be given; if groundwater levels are affected~ any impacts
resulting on other resources will be addressed. With respect to individual appropriations by future phases,
a general assessment of the likely need for each will be included.
12. Water~related Land Use Management Districts. Such districts will be delineated on appropriate maps and
the land use restrictions applicable in those districts will be described. Any variances or deviations from
these restrictions within the AUAR area will be discussed.
13. Wate.. surface 'Use. The ADAR area will address recreational water bodies. (Note: applicable for Long Lake
and South Twin Lake area of AUAR). '
14. Soils. A standard soils map covering the area will be included.
15. Erosion and Sedimentation. A general discussion of the likely earthmoving needs for the development of
the area will be given, with an emphasis on unusual or problem areas. In discussing mitigation measures,
both the standard requirements of the local ordinances and any special measures that would be added for
AUAR purposes will be included.
16. Water Quality - Storm 'Vater Runoff. For the AUAR the following will be followed in addition to those
noted in the "EA W Guidelines":
a. The AUAR will have a detailed analysis ofstonnwater issues identified within the annexation area.
b. A map of the proposed stormwater management system and of the water bodies that will receive
stormwater will be provided.
.
c. The description of the stormwater management system will identify on-site and lCregional" detention
ponding and also indicate whether the various ponds will be new water bodies or converted existing
ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion will
indicate the design standards that will be followed.
d. Because of their presence in joining the AUAR area, the following types of water bodies will be given
special analysis:
1. Lakes: within the Twin Cities metro area a nutrient budget analysis must be prepared for any
<<priority lake" identified by the Metropolitan Council ( see appendix E of<<EA W Guidelines" (1990)
or contact the Council staff). Outside of the metro area, lakes needing a nutrient budget analysis
must be determined by consultation with the MPCA and DNR staffs. Neither Long Lake (82-21),
McKusick Lake (82-20) or South Twin Lake (82-48) are listed as a priority lake within Appendix
E. A discussion of nutrient analysis and possible mitigation will be provided.
2. Trout streams: Stormwater discharges will enter a trout stream. An evaluation of the impacts on the
trout population (and other species of concern) will be prepared. The evaluation will focus on the
chemical, biological and thermal impacts resulting from development. The evaluation should include
the establishment of baseline conditions offlow, temperature and chemical/biological conditions,
in so far as possible given the timing of the study. Impact analysis will be based on the change in
storm water discharges as a result of annexation area development. Mitigative measures will focus .
on retention, infiltration, pollutant removal via sedimentation, and limiting the total impervious
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coverage on parcels within the annexation area. Mitigation success will be measured by the total
change in thermal conditions (d tQ), control of heavy metals (in particular copper, the element most
commonly found in urban runoff which is most toxic to aquatic organisms) and flow impacts on
stream bed stability (which is related to the reproduction capacitylhabitat of the stream).
17. Water QualitY - Wastewater. The AUAR shall observe the following points of guidance:
a. Only domestic wastewater will be considered.
b. Wastewater flows will be estimated by land use subareas of the AUAR area; the basis of flow estimates
will be explained.
c. The major sewer system features will be shown on a map and the expected flows will be identified.
d. The expected stag~g of the sewer system construction will be described.
e. The relationship of the sewer system extension to the ROU's comprehensive sewer plan and to
metropolitan Council regional systems plans, including MUSA expansions, will be discussed.
18. Groundwater - potential for contamination. A map will be included to show any known or potential areas
for soil or groundwater contamination based on existing or past land use information. Also included will be
any relevant information on soil Or groundwater contamination due to past land uses within the area, as
mentioned under item 9.
19. Solid wastes; hazardous wastes; storage tanks.
a. TIle estimated total quantity of municipal solid waste generated and infonmiiion about the recycling or
source separation programs of the RGU will be included.
b. Potential locations of existing storage tanks associated with commercial uses in the AUAR will be
identified.
20. Traffic. A relatively detailed traffic analysis was developed for the comprehensive plan and will be provided
because there is to be commercial development in the AUAR area and there are major congested roadways
in the vicinity. The results of the traffic analysis will be usedin the responses to item 21 and to the noise
aspect of item 22.
The following information will be provided:
a. A description and map or"the existing and proposed roadway system, including state, regional, and local
roads to be affected by the development of the AUAR area.. This information will include existing and
proposed roadway capacities and existing and projected background (i.e. without the AUAR
development) traffic volumes.
b. Trip generation data - trip generation rates and trip totals \\-ill be provided for each major development
scenario. They will be broken down by land, use zones and/or other relevant subdivisions of the area. The
projected distributions onto the roadway system will be included.
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c. Analysis of impacts of the traffic generated by the AUAR area on tbe roadway system will be provided,
including: comparison of peak period total flows to capacities and analysis ofJevels of service and delay .
times at critical points.
d. A discussion of structural and non~structural improvements and traffic management measures that are
proposed to mitigate problems;
e. Note: in the above analyses the geographical scope will extend outward as far as the traffic to be
generated will have a significant effect on the roadway system. Traffic measurements and projections
will include peak days and peak hours, or other appropriate measures related to identifying congestion
problems. as well as ADTs.
21. Vehicle-related air emissions. The guidance provided in "EA W Guidellnes" will be followed for the
AUAR. Mitigation proposed to eliminate any potential problems will be presented under item 20 and
referenced here. The MPCA staff will be consulted regarding ISP requirements for the proposed
developments.
:22. Dust, odors, noise. The RGU will discuss as part of the mitigation plan, any dust control or construction
noise ordinances in effect.
With respect to traffic-generated noise, the noise analysis will be based on the traffic analysis of item 20,
23. Sensitive resources:
Archeological. historic. and architectural re$9urces.
Contact with the State Historic Preservation Office will be made to detennine whether there are areas of .
potential impacts to these resources. If so, an appropriate site survey and mitigation plan will be investigated
to address the issue in more detail. None were identified in the comprehensive plan.
Prime or unique farmlands.
The extent of conversion of existing fannlands in the AUAR will be described.
Designated parks, recreation areas. l'>r trails.
If development of the AUAR will interfere or change the use of any existing such resource, this will be
described in the AUAR. The AUAR will discuss any proposed parks, recreation areas, or trails to be
developed in conjunction with development of the AUAR area.
Scenic views and vistas.
AIiy impacts on such resources present in the AUAR will be addressed. This will include both direct physical
impacts and impacts on visual quality or integrity.
24. Adverse visual impacts. lfnonroutine visual impacts occur from the anticipated development covered by
the AUAR review, they will be discussed along with appropriate mitigation.
25. Compatibility with Plans. The AllAR will include a statement of certification from the RGU that its
comprehensive plan complies with the reqllirements set out at 441 O.3Ql O. subpart 1. (Note: MNEQB Rules
4410.3610, subpart 1 explains the applicability of an adopted comprehensive plan in terms of AUAR review)
.
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The AUAR document will discuss the proposed AUAR area development in the context of the recently
adopted comprehensive plan. Necessary amendments to the comprehensive plan elements to allow for any
of the development scenarios will be noted.
If there are any management plans of any other local: state, or federal agencies applicable to the AUAR area,
the document will discuss the compatibility of the plan with the various development scenarios studied, with
emphasis on any incompatible elements.
26. Impact on infrastructure and public services. This item will summarize information on physical
infrastructure presented under other items ( such as item 5, 7, l7, and 20). Other major infrastructure or
public services not covered under other items will be discussed as well. This will include major social
services such as schools, police, fire etc.
(Note: As noted above and in the "EA W Guidelines," the RGU must be careful to include project-associated
infrastructure as an explicit part of the AUM review if it is to be exempt from project-specific review in
the future.)
27. Other potential environmental impacts. As deemed applicable, through the AUAR process and research.
28. Summary ofbsues. The AUAR will provide an executive summary to the document that basically covers
the summary of issues. The major emphasis will be on: potentially significant impacts. the differences in
impacts between major development scenarios, and proposed mitigation measures.
29. Mitigation Plan. The fmal ADAR document will include an explicit mitigation plan. A draft plan will be
included in the draft AUAR document
(Note: It must be understood that the mitigation plan in the final document takes on the nature of a
commitmfll!! by the RGU to prevent potentially significant impacts from occurring from specific projects.
It is more than just a list of ways to reduce impacts - it must include information about how the mitigation
\vill be applied and assurance that it wilL Otherwise, the AUAR may not be adequate and/or specific projects
may lose their exemption from individual review.)
Further, the RGU's final action on the AUAR must specifically adopt the mitigation plan; therefore, the plan
has a "political" as well as a teclmical dimension.
30. Response to comments on the draft AUAR document. The final AUAR document will include a section
specifically responding to each timely and substantive comment on the draft that indicates the way in which
the comment has been addressed.
31. The AUAR will identify and list future studies or analysis required over time.
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353$'Ya~s Ce.nter Drive "
'Saint PaUl, MN 55110
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Wi:th refere1i~ to ~lir. ~elephq~e 'cori~ersatio~ Q~ July '23.,: 1996 ~egard~g en\'ironinen~~ ie~ie~'. .:: .
. for possible devdopmeni;in an annexatlon 'are~ 9ftb,e City ofStiUwater, it woUld seem th~t.th~
, '. more ad~tageoi1s'option and' proper strategy wqwd.be to;adopt.an Altemativ:e Urban AreaWide'
Review. (AUAR) '~rocess p~stia.t?-t ~o'MiI1;I1.)~.ules; p~ 4410.~61b.~'.'~ '.
. ..... .,.... '.' ':'.<', ..,....:...,.........: .,"': ,,::,.,:. '.
. . The G::t~deto the 'Rilles oftheifinriesota En~ironmf;1JtaZ!Juality:BQard.otitJi?e$the :'. " .
: circuinstances.whete,:thi~ form ofre'view is ~o~ appropria~e apd d~scrioes. ~ome'ofth~ . ". .
. '.' ad:vantA~es andbene~ts'cifu~iIig:~~ AuAR...r ~ it ~o~d.J?e,f~ to' say ~~ one of the ~ain .'
,benefits is the ability .to.lipdate ~e p.ocum~nt in .the fu~e).~,~~essary arid pniy when,' :
. .necessary,.'rather than haVing to, iIi. essence,ie':do an Environment81 Assessment Worksheet
(B,A vi) for any, PrQj~c( p~ed action;' ~r. connecte.4 actio~'any .~~ cQriditionscbange." ~.
I~~~tl1;'ttb~;~ ~aYbe a ~n~:~ ~o~on ~r ~~~;n~ studies ~~y in ..
. haDd woul4 be ~~waste(j" if~e sm,ne irif9rti1ation were,to be'deyeloped fo~.~ differe~t context, i.e.
th~. A u~. To the .extent tha~ these s~ciies' or 4.ata adeqUately describe:U1e conditioris 'which' are.
". . present or would o.ccur for 'the'project(s) mchided 4'1 ilie AU.A.R 'they may'sinipiy be, maae part. .
. 'ofthe AUAR'documenrof revised as.needed:'. ...' .'. .... .',' '.' '" . . . . :. " .
'. .' . .
. . . . ' . , . .',1
. . ,_ ...... '.. . . "I ~ . ',. '. .' . .... . '. . .. . "
Any eriVironmeri:~re~ew 6'i'eny.ir01ime~tal as~e~sment'woi:ksheet'pr env~()ru:nental iIripact . ,.
,statement- consists of informatiop c,irawn ft()m a variety 6fs()urces.~ These may' be studies 'which
wer,e 'specifical'ly ~.o~ssioned for. the pu.tPo~esof th~ enviro,mnental review, or ino~e. .
frequently, are area stUdies, ri1aps~ tables', 'historical recoIds~ etc: compiled' for statistical,
. dem~graphic~.or regulatory purposes. Data which ar~ already in hand which a~~\u-ately -reflect the .
information needs.oft~eenviro.nmental rev~e:v; whatever the (ormat, are ~ccep~~le. . . .
'.
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. ~O~ lMVlRDNMlNlll uAlm 'BOIiD. &51ClDlB SlBIn, SJ~ PUl, .1 5til55 B12 290-188.3 flllt! 288-3.98 . SIAn PB'OVIBfU 8.1' ~m~IIi'W!i,l~ -
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, T9.e C!:d~anta~e of doing iliis'en~~onmental review ~ an AUAR wouid be th~t 'itprovi~es ,the best
. informed analy~is of the antic~pated impact~ 'of multiple projects ~thin an area; creates", context
. ' .' . . . . . ..' ~.'
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10/24/96 11:02 FAX
SEH ST. PAUL
H-+ STILLWATER
~ 009/009
within which it is possible to integrate diverse projects for comprehensive planning purposes;
and eliminates the need for further individual review.
The timeline for an AUAR is similar to other fonns of review such as an EA W; to be completed
within approximately 120 days. On balance it would appear that the AUAR process would be the
referred form of envirorunental review for this situation.
Please call on us for any additional information or assistance. We look forward to working with
you on this matter.
~
Sincerely,
4~~~.
Jon Larsen, staff .." ,b' ':) ~~
for Environmental Review Program
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to-
CITY OF STILLWATER
MEMORANDUM
TO:
Mayor and City Council
FROM:
Klayton Eckles, City Engineer K-If V
DATE: October 25, 1996
SUBJECT: Feasibility Study for Sewer and Water for the Annexation Area
DISCUSSION
Attached is a proposal for a Feasibility Study from SEH for surveying and designing trunk sewer
and water mains. The estimated cost for the surveying is $39,200.00. The cost for the
engineering of the report is $18,500.00 for a total of $57,700.00.
RECOMMENDATION
Staff recommends council approve the proposal by SEH to prepare the Feasiblity Study for sewer
and water for the annexation area for a cost not to exceed $57,700.00.
"
.
<:.wSai
3535 VADNAIS CENTER DRIVE. 200 SEH CENTER. ST. PAUL. MN 55110 612490-2000 800 325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
October 10, 1996
RE: City of Stillwater
Feasibility Study for sewer and water
for the Annexation Area
Mr. Klayton Eckles, P .E.
City Engineer
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082-4898
Dear Mr. Eckles
We appreciate the opportunity to provide engineering services to the City of Stillwater. As you
requested, we have estimated the engineering cost to provide a feasibility study for the annexation area
adjacent to the westerly City limits. This area is generally bounded by T.H.36 on the South; the
Westerly City limits (adjacent to Long Lake and along Neal Ave.) on the East; C.S.A.H. 15 on the
West, and S.T.H. 96 on the North.
.
The specific service area for this study was identified as Sanitary Sewer South Trunk "B" in the
Comprehensive Plan amendment. The area generally lies between C.S.A.H. 12 and 62nd Street. It is
necessary to include the proposed trunk sewer North to the railroad tracks South of Co. Rd. 64, to
provide gravity service and comply with the City's Comprehensive Plan.
'\ Our services also include a study of the trunk watermain necessary to serve the area described above.
This watermain will need to be constructed along 62nd Street to connect to the existing system on the
West side ofC.S.A.H. 5.
Our services will consist of the following:
I. SURVEYING
.
1. Establish horizontal control.
2. Establish vertical control.
3. Monument and property corner search. It is assumed alignment and corner locations will be
furnished for new plats by developers. This monumentation will also provide needed
information for easements in the future.
4. Establish centerline location of the proposed sewer and water alignment.
5. Record topography.
6. Take cross-sections so sewer location may be adjusted without requiring resurveys.
SHORT ELLIOTT
HENDRICKSON INC.
MINNEAPOLIS. MN
ST. CLOUD. MN
CHIPPEWA FALLS. WI
MADISON. WI
LAKE COUNTY. IN
EQUAL OPPORTUNITY EMPLOYER
..
Mr. Klayton Eckles, P.E.
October 10, 1996
Page 2
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n. TRUNK SANITARY SEWER
1. Identify sewer route in the field.
2. Compare layout with Comprehensive Plan.
3. Review easements identified in Comprehensive Plan with field located sewer and revise
if necessary.
4. Prepare report drawings.
Ill. W A TERMAIN
1. Review proposed route in field.
2. Verify layout with Comprehensive Plan.
3. Check proposed easements and revise as needed.
4. Revise drawings as needed.
5. Prepare preliminary design.
6. Verify flow requirements with Comprehensive Plan.
7. Estimate Quantities.
8. Prepare engineers' estimate.
9. Prepare report.
We estimate the engineering cost to be $39,200 for surveying. This cost will provide the survey level
required to prepare plans and easement descriptions as well as information for the feasibility study.
We estimate the engineering cost to be $18,500 for the feasibility study.
.
We will coordinate the feasibility study with your office and with the preparation of the AUAR. We
propose to develop a time schedule with you such that we can meet the City's "bench mark" dates; with
timely review at interim dates.
We propose to furnish our services on an hourly basis plus expenses, as outlined in our contract dated
April 20, 1983.
If you have any questions, please call me.
Sincerely,
~hO lliott Hendrickson Inc.
~#l#~
chard E. Moore, P.E.
Civil Department Manager
lk
.
c: Nile Kriesel, City Administrator
Dave Magnuson, City Attorney
..'':';.:.4.:,;,:~:",:,,-~~~_'..,~,~-~,
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e
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director V
DA: October 24,1996
RE: RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION OF
METROPOLITAN COUNCIL FOR A LIVABLE COMMUNITIES TAX BASE
REVITALIZATION ACCOUNT GRANT
Since initial application and award the Livable Communities Tax Base Revitalization
Account Grant, additional asbestos has been found at the Maple Island Plant. The
estimated cost to remove the asbestos is $150,000 more than originally estimated
$265,000. The additional grant money is necessary to help make the reuse of the
building possible.
Recommendation: Approval of resolution
. Attachment: Letter from Mainstream Development Partnership
I
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RESOLUTION NO. 96-_
CITY OF STILLWATER, MINNESOTA
AUTHORIZATION FOR THE TAX BASE REVITALIZATION ACCOUNT
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Whereas, the City of Stillwater is a participant in the Livable Communities Act's Housing
Incentive Program for 1996 as determined by the Metropolitan Council, and is therefore
eligible to make application for funds under the Tax Base Revitalization Account; and
Whereas, the City has identified a clean up project within the City that meets the Tax
Base Revitalization account's purposes/s and criteria; and
Whereas, the City has the institutional, managerial and financial capacity to ensure
adequate project administration; and
Whereas, the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements; and
Whereas, the City Council of Stillwater, Minneso~a agrees to act as legal sponsor
for the project contained in the Tax Base Revitalization grant application
submitted on November 15, 1996;
BE IT FURTHER RESOL VED that the Community Development Director is .
hereby authorized to apply to the Metropolitan Council for this funding on behalf
of the City of Stillwater and to execute such agreements as are necessary 1-0
implement the project on behalf of the applicant.
Dated this 29th day of October, 1996.
Attest: city clerk
Mayor
.
..)
e
Steve Russell
Community Development Director
City of Stillwater
214 North Fourth Street
Stillwater MN 55082
23 October 1996
RE: Livable CommunRies Act
Tax Base Account Fall 1996
Dear Steve,
We respectfully request the City of Stillwater participate in the Metropolitan Councils' Livable CommunRies Act,
Tax Base Account grant program for the fall application wnh Maple Island Farms and Mainstream Development
. Partnership.
I have included a draft copy of the application for your review and comment.
Respectfu 11y,
M~M~~
T PARTNERSHIP
Tim Stefan
i.
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MEMORANDUM
TO:
Mayor and City Council
FR: Steve Russell, Community Development Director
~
DA: October 23, 1996
RE: DRAINAGE STUDY FOR MEADOWLARK PARKS
During Interlachen III subdivision review, the developer indicated he would be willing to
make drainage improvements to Meadowlark Park at his cost paid by the city using
excess soil from his site if plans showing how the site should be filled and graded were
available.
The Interlachen III subdivision improvement project started last week and the developer
will be in a position to do the park work next spring. Plans would need to be prepared
by March. In lieu park fees from the Interlachen subdivision could be used to prepare
the plans and pay for the park improvement costs.
Recommendation: Request city engineer for scope of work and cost estimate for
preparation of Meadowlark Park Drainage Improvement Plans (this may be available for
council approval at meeting time).
MEMORANDUM
TO: Dick Moore, SEH
FR: Steve Russell, Community Development Director
~
DA: October 23, 1996
RE: SURVEY AND DRAINAGE PLANS FOR IMPROVEMENT OF MEADOWLARK
PARK
Attached is a parcel map showing Meadowlark Park. The park experiences seasonal
flooding. Would you prepare a cost estimate for preparing drainage improvement plans
for fill and grading of the property so it can be coordinated with Interlachen III
improvement next spring.
Attachment: Parcel map
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S'IILLWJ?lPE/l(.'il91fJ1 Qf{1'FS
226 So. Main Streeet, Stillwater, Minnesota 55082
Tel: (612)768-9115
For the attention of:-
Mr. Jay Kimble
The Mayor of The Stillwater City.
The City Council Members.
City of Stillwater,
216 N.4th St.
Stillwater, Minnesota 55082
October 19th 1996.
Ref: Request for financial reimbursment to support the cost for the installation of
sprinkler systems under the city requirement. _
We have recently entered into an agreement to purchase the Central Bank
Building at 101 South Main Street, Stillwater, in order that we can expand our
retail antiques business and provide to our customers, our dealers and the
visitors to Stillwater an up-to-date Antiques Mall that would be a center piece to
the city and better meet the needs of the community and further attract more
. visitors to this wonderful city.
However, our competitive cost of doing business in this city have been
adversely and severly impacted due to the current city requirement for the
installation of a fire sprinkler system.
In addition, this sprinkler requirement makes it financial prohibitive for us to
lease our current property at 226 So. Main, St. since the projected annual
lease income for the first 2 years is totally wiped out by the estimated cost of
installing the sprinkler system now required.
The current costs to meet the city requirements and install the complete system
to both properties, including the hook up to the outside street mains, road
repairs, monitoring systems and permits is estimated between $45-$50.000.
We have been in business in Stillwater since 1991 and have spent many
thousands of personal dollars renovating and decorating both 501 N. Main St.
and later 226. S. Main St. and in support and compliance with the City of
Stillwater efforts to visually improve the older buildings of Downtown, both
locations have received major improvements.
We have learned that the city has reimbursed the owners of the Simonet
building on SO.Main St. a $ amount equal to the total cost fOl: installing the
sprinkler system in that building (which currently houses a competitive antiques
'.
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mall business). We have also learned that 214 So. Main St. was remodeled
and is open to a new vendor, 'Kmitsch Girls' this business does not have a
sprinkler system even though the property has new tenants and the building
far exceeds the 2000 sq ft exemption limit.
The severe increase to the set up cost of starting our new business and the
leasing of our current property, severly prohibits us from remaining viable and
competetive with other Main St. retailers offering similar business opportunities
to Antique Dealers and service to customers.
Based on the above precedants, we repectfully request the reimbursement of
these major costs in order that we may meet city requirements and can function
financially and remain in business in Stillwater.
We would be pleased to discuss the matter further for any clarification and
provide documents supporting the anticipated costs.
Sincerely,
~\8ono;
Susan Sabongi
Owner and Manager Stillwater Antiques.
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RE: RESPONSE TO SUSAN SABONGI LETTER DATED 10-19-6 REGARDING
CITY ASSISTANCE FOR SPRINKLERS
Attached is a letter from Susan Sabongi, prospective purchaser of the Downtown
Central Bank building. The letter is requesting city assistance to help with installation of
a building sprinkler system. The letter refers to the old Simonet Furniture building and
the assistance Simonet's received when moving to the business park. The assistance
Simonet's received went toward reducing the cost of the land to make the new
Simonet's project possible. The TIF assistance was not for downtown sprinklers.
When the city was trying to convince Simonet's to stay downtown, the city mentioned
providing assistance for the renovation of the downtown Simonet's store. This
alternative, needless to say, wasn't selected by Simonet's. When the building changed
hands sprinklers were required by the citY.
The point raised in the letter regarding application of the sprinkler regulations to
Kmitsch Girls will be addressed in a separate memo by the building official.
~~......_~"--,,,......~~~~~.,'"(" ,',.:,-'"
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tt MEMORANDUM
.
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TO: Mayor and City Council
FROM: Allen O. Zepper, Building Official
DATE: October 25, 1996
SUBJECT: Susan Sabongi Concerns Regarding City Sprinkling Enforcement Policies
The City adopted Appendix E, an appendix chapter to the Minnesota State Building Code in the mid
1980's. This requirement became Chapter 1306 of the Minnesota State Building Code with the
adoption of the 1994 edition.
Several buildings have been remodeled, enlarged or have had occupancies changed. Some of these
are Brines, Sebastain Joe's (Winona Woolen Mills), Outfitters, Simonet warehouse, Vittorio's,
Johnny's TV, Main Street Square, Kolliner's building, Sandy Hudson's building, the old Coast to
Coast store, City Hall, 217 N. 2nd Street, Simonet Furniture, the old UBC Building, among others.
These were all required to be sprinkled. This is a common practice, as well as state code and city
ordinance.
To answer the specifics about the Janda building, there was one business in the main store (Martins).
This later became an antique dealer and to our knowledge, one person ran the entire shop. In
addition, the shoe store was in the small part on the south side. When the antique shop left, Kmitsch
Girls occupi<<ed the main and second floor and someone else occupies the small shop on the south
side. There has been no occupancy changes since two retail outlets moved out and two retail outlets
moved in. There was no remodeling or expansion so we could not require a fire suppression system
be installed. A different situation arises when we consider the old Simonet Furniture store. This
is a case of one retail outlet. When the new owner came in, he rented out small areas to various
vendors, similar to what a shopping mall would do except without divider walls. Subsequently, it
went from one retailer to many retailers, which constitutes a change of occupancy which required
a fire suppression system.
I believe we have a similar situation with the Central Bank. It is presently a banking facility with
offices. It is going to become an antique mall, therefore; it is going from a B occupancy to a M
occupancy, which according to Chapter 1306, a fire suppression system is required.
.
.
CHAPTER 1306
DEPARTMENT OP ADMINISTRATION
MINNESOTA STATE BUILDING CODE
SPECIAL PlRE PROTECTION SYSTEMS
1306.0100 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL).
1306.0100 SPECIAL PlRE PROTECTION SYSTEMS
Subpart 1. General.
unlClpal option. The sprinkler system
requirements in subpart 3 may be adopted with the selection of
either item "8" or item "8a" based on local fire suppression
capabilities,\but without further change by a municipality which
has adopted the code. When adopted, the requirements are
applicable throughout the municipality for new buildings,
buildings increased in floor area, and buildings which will have
the occupancy classification changed.
Subp. 3. Requirements. Automatic sprinkler systems must
be installed and maintained in operable condition in buildings
in the occupancy classifications listed in items 1 through 11.
For purposes of this chapter, area separation walls do not
establish separate buildings. The square footage requirements
stated in the following items establish the threshold where the
provisions apply: in the case of mixed occupancies the threshold
number of the most restrictive occupancy applies to the entire
building, except for minor additions that do not increase the
occupant load or significantly increase the fire load.
1. Group A-l occupancies.
2. Group A-2 occupancies with an occupant load of 300 or
more.
3. Group A-2.l occupanci~s.
4. Group A-3 occupancies with an accumulative occupant
load of 300 or more.
5. Group S-3 service stations with 3,000 or more gross
square feet of floor area, not including canopies.
6. Group S-3 parking garages with 5,000 or more gross
square feet of floor area.
7. Group B offices and postsecondary classrooms with 8,500
or more gross feet of floor area or three or more stories in
height.
8. Group M mercantile, S storage, or F factory occupancies
with 2,000 or more gross square feet of floor area or three or
more stories in height.
8a. Group M mercantile, S storage, or F factory
occupancies with 5,000 or more gross square feet of floor area
or three or more stories in height.
9. Group E-l and E-2 occupancies with 8,500 or more gross
.
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132
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CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
FYI
1941 South Greeley Street
Stillwater, MN 55082-6012
(612) 439-8803
D ,[g @ [g 0 I;J ~~!('\
l OCT 2 4 I~ \~
October 22, 1996
Mr. Nile Kriesel
City of Stillwater
216 N. 4th Street
Stillwater, Mn 55082
Dear Mr. Kriesel,
Enclosed is the Cable Commission's budget for the fiscal year of
1997. We are proud to be early this year!! We are currently
considering a "flow-through" proposal, which would transfer the
control of the public access studio from King Videocable Company to
the Cable Commission. If this should go through we will be sending
you an amended budget.
Also a couple of news articles about the US West transfer that might
be of interest. They will have to re-sell our system by 8/15/97.
The minutes of our October meeting (to be approved in November) are
here as well. Last year I had started sending minutes and I guess I
somehow got away from that! If you would be interested in any other
minutes I would be glad to send them to you and I will plan to send
minutes on all of our monthly meetings from now on.
Sincerely,
K~innamon
Commission Secretary
Representing
the Cities of Stillwater, Oak Park Heights and Bayport
and the Townships of Stillwater and Bay town
CENTRAL ST. CROIX VALLEY JOINT CABLE COMMISSION
OPERATING & CAPITAL EXPENDITURE BUDGET
FISCAL YEAR 1997
(February 1, 1997 - January 31, 1998)
Approved October 16, 1996
Revenue
Interest Earnings
Franchise Fees - King Videocable Company
Expense Reimbursement
Cablecast Reimbursement
Total Revenue
Expenditures
Salaries (includes employer's
PERA & FICA contributions)
Secretary
Cablecaster
Alternate Cablecaster
Professional Services
Legal Fees
Accounting
Audit
Contingency/Refranchising
Office Supplies
Tapes & Misc. Supplies
Telephone
Postage
Bank Fees
Maintenance/Repairs
Mileage
Conf./Meetings/Dues
Print/Publish
Insurance/Bond
Business License
Misc. Expense
Office Rent
Photocopier
Comm. Program Support
CAPITAL OUTLAY
Channel 12 Equipment
Office Furniture/Equipment
TOTAL EXPENDITURES
11,661.52
12,827.67
500.00
. 4,000.00
3,000.00
700.00
18,835.81
400.00
400.00
700.00
400.00
100.00
100.00
100.00
200.00
100.00
3,500.00
25.00
100.00
3,000.00
800.00
20,000.00
1,500.00
3,200.00
$86,150.00
----------
----------
e
$ 50.00
85,000.00
100.00
1,000.00
$86,150.00
$86,150.00
e!
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CENTRAL ST. CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
e
MEETING MINUTES
Wednesday, October 16, 1996
CALL TO ORDER
The regular monthly meeting of the Cable Commission was called to
order at 8:03 p.m. by Chairman Jack Doerr at Bayport City Hall, 294
N. 3rd Street, Bayport, Minnesota.
ROLL CALL
Present: Ann Bodlovick (stillwater), Gary Talbot (stillwater),
Sharon Ridgway (Bayport), Jim Menard (Bayport), Mark Swenson (Oak
Park Heights).
Also Present: Dave Magnuson, Kent Leacock, Karen Wandmacher, Roy
talime, Kathy Cinnamon and Don Aderman.
AGENDA APPROVAL
MOTION by Jim Menard to approve the agenda, seconded by Mark
Swenson. MOTION CARRIED.
MINUTES APPROVAL
MOTION by Ann Bodlovick to approve the minutes of September 18,
1996, seconded by Mark Swenson. MOTION CARRIED.
PUBLIC COMMENT - to be addressed under King Videocable Company
OLD BUSINESS - None
e
NEW BUSINESS
1. King Videocable Company Report - was. received.
a. Bulk billing rates for seniors - Pat Slater, manager of Oak
Ridge Place in Oak Park Heights filed a complaint with the
Commission on October 16th and she and a group of residents from
Oak Ridge Place came to the Commission meeting to discuss their
concerns. For the past 10 years their residents have received a
reduced billing rate of $10.56 per month, which includes lifeline,
basic, expanded and the converter box. The bills have been sent to
each customer individually. 54 of their 86 residents are cable
subscribers. King Videocable Company recently decided that a bulk
rate agreement had to be signed in order to continue receiving what
is called a "bulk rate". Management had been approached on this
issue and declined to sign a bulk rate agreement because it would
be assessed to 100% of the residents, and also management would
have to bill the residents their share. Mr. Gary Houston,
Marketing Manager for King Videocable Company, sent a letter out to
all of the residents saying that since management had turned down
the opportunity to continue the bulk rate agreement, that as of the
November statement the customers would be charged the "standard
rate", which would amount to $28.78 monthly. The customers were
very irate at the rate change, and management let Mr. Houston know
. Page 2 Cable Commission Meeting 10/16/96
that there never had been a bulk rate agreement in place and they
wanted Mr. Houston to send a letter clarifying the situation to the
customers, which as.of the meeting date had not occurred.
e
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Jean.Beske, President of the.Residents';Association ,at Oak Ridge'
Place, stated that cable TV. meanS; a lot ,to the: residents,: 'but: that
many residents will be forced to cancel service because they can't
..,afford the.rate,increase...... .'. .;: i~
Many of the residents expressed their concerns and they don't
understand why they all of a sudden will have their rates nearly
tripled. There was much discussion over how the current discounted
rate began in the first place. Pat stated that possibly there was
a verbal agreement made when the building was built and the cable
company came to wire it up. She also is angry that customers are
being asked to subscribe to Lifeline at $8 a month in order to get
Basic service. . .... ',. ..,._.,
Kent Leacock explained that there had been an audit and that there
were several complexes who were discovered to be receiving bulk
rates but had somehow "slipped through the cracks" as far as having
an agreement on file. So these complexes were approached about
signing a bulk rate agreement in order to continue receiving the
discounted rates. He stated that the Company was not trying to
target senior citizens specifically; that this affects all ages and
that if a bulk rate agreement isn't agreed upon that the Company
must then charge the standard rate that.other subscribers are
paying. ;. He stated that a bulk rate means that 100% of the .
iesideritswould be included in': a 'bulk agreement and that the ;
Company' would send one bill to the complex and receive one check in
payment. The convenience of this offering allows King.to offer
this discount. Kent states that there are many complexes where the
bulk rate system has been working well.
The management at Oak Ridge Place turned down the bulk rate
agreement because not all of their residents subscribe to cable and
they didn't want all of their residents to be assessed for it. The
management does not subsidize cable TV for the residents, so it is
felt that those who do subscribe to cable would have to share the
costs of those who don't.want cable. .
Kent could not find an agreement on file as to how this building
got the discounted rate in the first place or for the length of
time they would get the discount. Dave Magnuson will be looking
into the issue more and get back to the Commission. He indicated
he could speak with Kent to see if the rate increase could be held
off until we find out more details about how the current situation
originated.
Kent told the residents that the Company would still be willing to
work with them and offer them an even better ~ate if they would go
with the bulk rate agreement.. He indicated that if they don't want
a bulk rate agreement that he would hate to lose them as customers e
but that the Company would be doing what they believed was fair as
far as charging the standard rate..
Page 3 . Cable Commission Meeting 10/16/96
e
It was suggested that customers could voice their complaints about
cable rate hikes to the Federal Communications Commission (FCC) and
that forms could be obtained at the Commission office. Chairman
Doerr told the residents from Oak Ridge Place that we would do
whatever we could to help them with this issue.
MOTION by Mark Swenson to have our attorney Dave Magnuson look into
the rate hike issue, seconded by Gary Talbot. MOTION CARRIED.
Kent commented that the FCC usually just gets involved with
disputes over the overall rate increase and in this situation, they
are just raising rates to the current rates which the FCC has
already approved, so he feels that any complaints to the FCC would
be unfounded and that the Company is not in violation.
Kent was asked about customers getting credit when there have been
cable outages. He said that credits are not automatic; that if a
customer calls to complain about an outage and requests a credit
that the Company will do so.
2. Access Center Report - report received. The issue of
programming information being on Channel 10 instead of 15 was
raised. Roy had put the new Channel lineup on Channel 10 as a
courtesy and it was to be temporary - he will remove it right away.
Roy was asked about camcorder checkouts. We have a lot of people
checking out camcorders each month. He does get programming from
people but not a program for each time equipment gets checked out
because sometimes it takes several times to get enough footage put
together to make a show.
The new camcorders have been ordered and part of it is on
backorder.
Nancy Schlagel sent a letter to the Commission about soft audio on
the Lakeview Healthviews program - Roy will contact her about this.
3. Corporation Report - Karen said she has been in contact with the
school district and that there will be more educational
programming. Afton Lakeland Elementary school does a weekly news
program; John Law is doing some sports programming; New Heights
Charter sc~ool is working on some programming; stillwater High
School will be doing some programs. There have recently been many
candidates forums too.
e
4. Cable Commission Business
a. Cable Service for Commission Members - This was brought up at
the last meeting. It used to be that Commission members got
reimbursed for their basic cable service, as it was felt that they
needed to have the service in order to perform their duties on the
Commission. Ann asked about reinstating this. MOTION by Ann
Bodlovick to have Commission members get reimbursed for Basic cable
service, seconded by Sharon Ridgway. Ann in favor, all other
Commission members opposed. MOTION FAILED.
Page 4 Cable Commission Meeting 10/16/96
b. Budget Approval - ,Chairman Doerr discussed the budget and
mentioned that Don Fixmerwill get a raise effective'the 1st ,of
, year, th~t,2-:5,Oct: incre~s~s,.are.~u~geted ,for Kathy,': th:at ;th,e,', ,'.
"",": " Commission. of'fice will 'be :getting.:a'computer and 'rep.1,acing',.-2. '
.,.: .,,' ,':. ": chairs'.::" MOTION bi q'a~y Ta,lbot .~<? approve the. buqg.~t ';for "fisC:al
.. ,yeaz.: ,,1997./ seconde'd.' by "Jim' Meli'~ird'..~':.'::MOTION CARRIED'. ': ','K'athy'. wfll
,;. .. :::'s,e,rid .:~ ..'c,'opy.~o. th~ .:member, .C,i,tie.s.:'.~~4,' ,i:liso exp~~.iri. "tha.t, if.~low
through does, go through that they will receive ,a ,ne~ ,pudg~t..
CONSENT AGENDA'
the
e
1. Resolution No. 96-10-16 to approve payment of bills/funds
transfer - MOTION by Ann Bodlovick to approve the above resolution,
seconded by Gary Talbot. MOTION CARRIED.
CORRESPONDENCE - was discussed. The Commission received a letter
from our cable attorn~y, To~ Creighton and we~ill be setting u~ ~
workshop soon to discuss the re-franchising process. Kathy
suggested Wednesday nights and Creighton's office will get back to
us.
AFFIRM NEXT MEETING DATE
The next meeting will be on Wednesday, November 20th at Oak Park
Heights 'City Hall" if available'..' If we get the opinion on flow
through from our attorney we will continue the puhlic' Hearing at
7:00 p~m., if ~ot, we, will, have our.regular meeting beginning at,
,~:'30,.p~m~.:,,".. '. " '
. .. ". .:.... '. -, . ..' . . .' '. . .. .~ . - '. , I . ,. ,. ! ..
, ....
, '
.':ADJOriiuniENT".: :.' " I.
MOTION' 'by' Ann BOdlov!Ck
seconded by Jim Menard.
... I,',:'" .
. i ..l .:,. .... ~
I - ~-
. :. ,I .' ," i.
to a'djour'n th'e meeting at ,9:25 p.m~, ';
MOTION CARRIED.
Submitted by Kathy Cinnamon
Commission Secretary
e
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"."U S West gets.. FCC go-ahead
to buy Continental Cablevision
, )
)ENNIFER BROWN ASSOCIATED PRESS
T . . '. WASHINGTON
:: he Federal' Communications Commis-'
:sion on Friday approved US West's $10.8 .
billion acquisition of Continental Cablevi-
'sion -' a deal that gives US West access
to one of every three cable subscribers
in America.
. The merger is the first under a federal
. telecommunications law that took effect
in February that lets phone and caple
companies combine more freely.
The FCC's approval is contingent on
l'
:US West selling Continental cable sys
terns ,in areas where the Englewood
Colo.-based Baby Bell also provides loea
phone service,
"Obviously we're. pleased," US Wes'
spokeswoman Lois Leach said Frida:
from Colorado. "When we announced thl
merger in Februcry we did not antici
pate any regulatory.hurdles."
The companies expect to close the dea
by the end of the ye;:tr, Leach said. .
The FCC said approval of the merge
US WEST CONTINUED ON 3F .
US WEST
l' CONTINUED FROM 1 F
"promotes the deployment of ad-
vanced telecommunications ser-
vices and enhances competition
with respect to such services for a
large number of consumers
throughout the region." .
U S West has until Aug. 15,
1997, to. sell Continental systems
where U S West' provides local
telephone service, The FCC order
gives U S West slightly more time
to sell some limited partnership
interests Continental holds' in an-
other cable operator, Insight Com-
munications Co.
FCC regulations prohibit a local
phone carrier from acquiring
more than a 10 p~rcent financial
interest in a cable operator that
provides cable service in the same
area that the carrier provides lo-
cal telephone service.
. U S West already is a major
investor in the cable systems con-
trolled by. Time Warner Inc., the
nation's second-biggest cable sys-
tem owner, with about 11.5 million
cable subscribers, Acquiring Conti-
nental - the nation's third-largest
cable system owner - would give
U S West direct ownership of.sys-
. terns with about 4.7.million sub-
scribers. .
That combined ,total of 16,2 mil-
lion domestic subscribers rivals
the number that industry leader
Tele-Communications' Inc. reach-
es. .
'. Boston-based Continental has
4.2 million cable subscribers, with
most concentrated in five large
markets - New England, Califor-
nia, Chicago, Florida and the'
Michigan-Ohio area.'
, U S West has a communications
. department. serving more than 25
million customers in 14 Western
and Midwestern states, . '
e
.e
r>f ;f.
MEMORANDUM
TO: Finance Director
FR: City Coordinator
RE: Working out of classification pay
for Cindy Shilts
DA: October 24, 1996
After discussion and review of the duties and responsibilities currently being performed by
Cindy Shilts it has been determined that she is eligible for working out of classification pay.
Cindy is currently classified as an Assistant Building Inspector. However, according to Allen
Zepper, Building Official and supervisor of Cindy, she is substantially performing the full range
of responsibilities and duties associated with the Building Inspector classification. Therefore,
Cindy shall, in accordance with the AFSCME collective bargaining agreement, Cindy receive
working out of classification pay.
The pay will become effective retroactive to September 21, 1996 and the rate of pay shall be
based on the one (1) year step of the Building Inspector classification (i.e., $2870.00 per month).
Please adjust Cindy's pay accordingly.
Please feel free to contact me if you have any questions in regards to this matter.
cc: Allen Zepper
Cindy Shilts
Marcy Cordes
Sharon Harrison
.., , ........~,.......,....- '-.~ ~.
..
e
City of Lakeland Shores
P.O. Box 246
Lakeland MN 55043
Mr. Jay Kimble, Mayor
City of Stillwater
216 North Fourth St.
Stillwater, MN 55082
October 23, 1996
The City Council of Lakeland Shores supports the St. Croix Valley Sports Facility
Commission in their goal of bringing a much needed, new sports facility to the St.
Croix Valley. To this end, the City Council of the City of Lakeland Shores has
pledged financial support in the amount of $800.00 per year for a period of 10
years for a total of $8,000.00.
We have enclosed a copy of the minutes of the Council meeting when this pledge
was made.
~Jh~
Patricia M. Larson
Clerk-Treasurer
Lakeland Shores City Council
cc: Dick Olsen, Chairman
St. Croix Sports Facilities Commission
e
Lakeland Sho~eB City Council
November 2. 1995
Lakeland City Hall
e
Present:
Mayor Tom Jacobson Councilmember Judy Savage
Councilmember John Blickenderfer Clerk-Treasurer Pat Larson
Councilmember Janet Giuliani City Attorney Jud Jones
Also present: Elizabeth Kemling, Kelley Stiekan, Larry
Pitkanen, Steven Schmig, Mike Buche. Otto Bonestroo, Karen
Heisick. Al SchmIg. Paula Forman. MIke Masanz
Mayor Jacobson called the meeting to order at 7:30 p.m.
RevIew of mInutes
The mInutes of the October CIty CouncIl meetIng were
reviewed. There being no additions or corrections, Janet
GiulianI motioned to approve the minutes; John Blickenderfer
seconded; motion carried.
Quinlan Ave. berm
Mayor Jacobson explained that an attorney representIng Mr.
BJurlin had sent a letter to the City requesting that the
Quinlan ave berm be placed on the agenda. The letter was
then reviewed and copies provided for interested audience
members. The Mayor summarIzed the letter and decIsions made
by the CouncIl to date: Clinton (BJurlin attorney) states
that the access to the building site is not reasonable due
to the topography of the lot and the placement of the
southerly berm. The Council's decision, a few months ago,
was that nothing would be done to change the barriers based
In part on the unanimous opinion of the property owners who
wanted Quinlan left the way it is. Attorney Jones stated
that the sketch of berm location is misleading. There Is a
substantial amount of street frontage for Tract G south of
the southerly berm. The problem with access seems to be due
more to topography. Al Schmig pointed out that where the
berms now stand was once treed throughout and that when
Chaves' built their home they were required to put in their
own access. The Council decided to have Mark Graham, CIty
Engineer, measure the lot lines and front footage that Tract
G has along QuInlan, south of the southerly most berm. The
residents want the southern berm built back up and signage
put in place so that people will know that this is a dead
end.
Stillwater Sports Complex
e
Otto Bonestroo presented plans for a $4.8 million
hockey/soccer/armory complex proposed for the area north of
e
Cub Foods/Target in Stillwater. He said that the City of
Stillwater has committed to a donation of the land. It
would be run by a non-profit corporation for use of the
public and the schools. Bonestroo is making presentations
to cities in the I.S.D. 834 area as well as area foundations
to raise money for the proposal. Grant money from the State
is also being sought. Bonestroo asked for a commitment of
$8.000 over 10 years for our city. This works out to
roughly $2.50 per person per year. After much discussion
Judy Savage made a motion to approve the contributIon of
$8.000.00 on behalf of Lakeland Shores at $800.00 over 10
years for the St. Croix Valley Sports Facility Commission;
Janet Giuliani seconded; motion carried.
Schmlg Accessory Building
Steve Schmig presented his plans for an accessory building
to be built on the vacant commercial lot behind his existing
home/business. The proposed size of the building is 60/ by
120/. Side lot setbacks are 20/, with a 30/ setback on the
back of the lot. Plans call for metal siding, metal roofing
and a solid steel fence. Steve will not be using the
building for fabricating, its sole purpose will be for
storage. There will be no heat in the building. Discussion
centered on the pole barn ordinance and the planning
commission decisions. It was decIded that Pat would clarify
what the planning commission specified. The Council/s
preference was for asphalt shingles and the color for roof
and siding to be earth tones.
Masanz deed proposal
Masanz/ quit claim deed was reviewed. Discussion took place
about 3rd st No. pUblic access, future cost of obtaining
easements, clearing the title for Masanz/, clearing the
survey problems with 3rd street No. Judy Savage made a
motion to accept the proposed quit claim of property as put
forth in Barry Stack/s survey of March 16, 1995; seconded by
Janet Giuliani; motion carried. Jud Jones will draw up the
quit claim deed for the necessary review and signatures.
Mickelson vehIcles
Pat Larson received a complaint about the vehicles parked on
the north side of 4th st. So. The council discussed the
various options and determined that as long as the vehicles
are licensed and parked on private property there isn/t any
thing to be done. Judy Savage suggested condemning the
yll\L.- property,.... Jud Jones stated that there has to be a pUblic
purpose to Justify using the public funds in this manner.
e
FIre DIstrIct Representative
Mayor Jacobson reported that Wayne Asp agreed to a one year
term to fIll this vacancy. The Mayor also reported
attending a fire district special meeting to discuss the
way the finances are being handled. Janet Giuliani then
made a motion to approve the appointment of Wayne Asp for a
one year term; John Bllckenderfer seconded; motion carried.
e
Clerk-Treasurer
Discussion took place about the newsletter and items that
could be included such as notes from the minutes. Pat then
reported receiving a call from Lois Arnold on the Library
Board asking for information about possible sites and
acreage for a future Valley Branch Library. Lois had heard
about the Clty~s interest in a new Valley Branch Library
through a recent conversation with Jud Jones. Pat forwarded
the information to her for the next library board meeting.
The maturing certificate of deposit was rolled over with
$40.000 reinvested at 5.68% due 7/11/97 and the interest and
$10.000 deposited into the general checking account.
Bills
The bills were presented for the general account totalling
$7.034.38. After review. Janet Giuliani made a motion to
approve the bIlls for payment; John Blickenderfer seconded;
motion carried.
.':.
Adjournment
There being no further discussion or business. John
Blickenderfer motioned to adjourn the meeting; Janet
Giuliani seconded; motion carried. Mayor Jacobson adjourned
the meeting at 10:35 p.m.
Patricia M. Larson
Clerk-Treasurer
el
"
e
~
,
UovembeI' 1995
Cash DlstI'Ibutlons
GeneI'al Fund
CIty of Lakeland ShoI'es
Check #
2212
2213
2214
2215
2216
Payee
Amount
2217
2218
2219
2220
2221
2222
TOTAL
e
Judson D. Jones - legal seI'vlces
798.00
$
R.H. StaffoI'd. Wash. Co. TI'easuI'eI' -
Assessment seI'vlces
I . 1 70 . 65
PostmasteI' - Lakeland - annual p.o.
box fee
13.00
LoweI' St. CroIx Valley FIre PI'ot Dlst
4th qtr. fIre protectIon
2.303.75
LMCIT - munc'Ipal Ins: 1,028; excess
1 1 ab 1 lIt y 1 n s : 1, 000; op e n m t gIn s :
500
2,528.00
M.S.A. ConsultIng EngineeI's - 4th st. 17.30
City of Lakeland - tennis crt lights 2.05
Janet GiulIanI - reImburse foI' newsletter
printing costs 45.44
City of Lakeland - rent of City Hall 25.00
N.S.P. - 9 stI'eet lIghts 90.66
WashIngton Co. TreasureI' - roads: brush
and weed I'emoval 40.53
$ 7,034.38
~.
~~:~~~~.:::
e
FYI
October 23, 1996
Mr. Robert McGarry
McGarry/Kearney Insurance Agency
243 South Main Street
Stillwater, :MN 55082
RE: Claims against the City
Dear Mr. McGarry:
Please process the enclosed claims agaillst th~'~ity: .'
1.
James R. Stevensen
1123 N 1st 8t '.
. .Stillwater, :MN 55082 , _
. Damage to vehicle at Territorial Prison Site ' .
",October 17, 1996
-..... .
~'i'.'-..:'.
--. ~
'i.~. ~_.~-
. .::...:......" ..-(:"
......:..,-..'" ....
'~~"
-,
2.'.\ Karen L. Farrell
.~./''';;116 Owens St N . -. '.
, ::'";~\,:d:~tillwater, MN 55082 -.:,., .-
.< October 17, 1996'" __
.'./ DaIIlage to vehicle at Territorial Prison Site.
. ;. " ~
.... . ".-"..';. ':-.~':.'" : ."
.' -.".;,. .
Sincerely,
(YJ~LJ~
~orft - Weldon
City Clerk
Enclosure
cc: David Magnuson, City Attorney
e
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
....-="'~. ....:~~::'".
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\.{;;;;.:
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~i IR;IECiE~VlEl' !
..,~;;'. u C I 2 f) l~96 I
I
1------..-.. -- ----I
" __ '.J
, CLAIM AGAINST CITY OF STILLWATER
NAME OF CLAIMANT ~/lfi!e5? 5; evc//5e-d
.~rc C "
ADDRESS I/.R. 3- /t./ / -- l/r -17'/tc'/-t//I7'(,V/ fft!/
PHONE NO. da- .y'3'}. 3-Z 9(/
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WHEN DID EVENT OCCUR?
WHERE DID EVENT OCCUR?
.,. .~~ ,
eYe: r. /7. 1'7/u
/
/""0 t; ,.. AI /]1;1/ t:/ 5r:
(~CJ,!.O a/'St1M' :JIlt' )
WHAT HAPPENED? J/~J/~L?
bi/!' ~;/
CL/17S. ~tI,. t:1~ ii/j/ctJ i?.{'/C'/-.
.
4YJlUo,.:'7al - 61..J! 5-5" J34~jl<€ t1N'. lirvi? 3J~ /?1'7 01('/(-
WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? C/;-"j a?/l/5 1//~ 17~t~ .~
"
. ~..=~:::-
"'t.....
STATE THE NATURE OF THE DAMAGE AND THE' ,COSTS ASSOCIATED LlRA/'r( n ~/.tJ
....
51'.~ /Jrcfh"o jJ!/f /kt?t:7 -I &'1;:;' $'7/~.t-~. tW )11 V '!ZVC:/( .
... ..
:;.:
~~
NAME OF PERSON MAKING REPAIR; OR GIVING CARE ~c;e,e y -5 .;1/,1 T~ f)c,;-/l/L
/3~t'/-?9~..51-,;eCt'r ~ 5rJL.c..u7/1r~/t ft/.v.. ?;;C;;!<..~/;~.. L/..39 -~7/3
~
' \~. ., ,/~" /
T' t:"C2/~ r:?.. -- .~.,4~ -
J SIGNATURE
/' ,
\.' "
)(J- j <g -q{,
DATE
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
,..
EXPERT BODY REPAIR AND PAINTING
~... .
{ ;::".~.-'.l
".,.;., -;.
.......;,..'
."--'"
1360160'1'11 STRErrl' NORTII
~, STi~L WATER. MN 55082
. l)llONE (612) 439-9340
FAX (612) 439-6913
E '/,1t} O'tLYl'A/.~g~
RESS ' / / ~,-q- ///. I ~ ::57- ,-
5-r/C/u/;ljr~/l ~.N! 4"?"/<?z-
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'HE G/2 . 4~q - &'T't'
.
:~
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JERRY SCHOENECKER - OWNER
JOE SCHOENECKER - SHOP MANAGER
~ . \
. DATE ID - , 8" - CZ ~
D^TE
W^HTED
/ .
Y~iq;;COlOII I to~K~' CAli
\ OOOY tyPE
. F- \ SD
\
l!C~NSE NO
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SEiiiAl NO
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MOIOIl NO
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MllEAOE
I
U" "EPlACE
LAIlOlt
rAnt S MID
t.tATEnIAlS
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NAME OF CLAIMANT I II.t 0 ~
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SIGNATURE
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.
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4Itoctober 10, 1996
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson Jerry Hicks; Supervisors Louise Bergeron,
David Francis and David Johnson. Also, Treasurer Warren
Erickson, Planner Meg McMoni~a1, Engineer Paul Pearson and
Attorney Tom Scott.
7:00 P.M.
Supervisor interview with Richard Schubert.
David Francis arrived.
REGULAR MEETING
7:30 P.M.
1. AGENDA - M/S/P Francis/Bergeron moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Johnson/Francis
Town Board Meeting Minutes as written.
moved to approve the 9/26/96 Sti11water~
(4 ayes)
M/S/P Johnson/Bergeron moved to approve the 10/1/96 Special Stillwater
Town Board Meeting Minutes (meeting specifically set to interview applicants -
for a Supervisor appointment.) (4 ayes)
3. TREASURER - Claims #1221 through #1246 were approved for payment.
4. ATTORNEY-
1. Mining Ordinance -
M/S/P Francis/Johnson moved the adoption of
Ordinance #116 which amends Mining Ordinance
#103. (4 ayes)
2. Rivard Litiqation -
The Rivard hearing will be held the day before
Thanksgiving.
3. Train Ordinance -
Discussion about licensing the Zephyr.
4. Revised Soil and Water Aqreement -
M/S/P Bergeron/Johnson moved approval of the
revised Joint.Powers Aqreement Between Washinqton
County Soil And Water District And The Town Of
Stillwater For Administration Of The Wetlands
Conservation Act Of 1991. (4 ayes)
5 .
PLANNER -
1. School District Escrow -
Final bill sent to Dan Parker for
Planning/Engineering expenses regarding
the School District C.U.P. Escrow. Mr. Parker
will send a check.
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to
Stillwater Town Board Meeting - 10/10/96
Page Two
\,
2. Sprinqcreek Park -
A preliminary plan was presented. The Park
Committee will be involved. A field trip is
suggested.
e
6. ENGINEER-
1. StonehenQe Subdivision -
Construction traffic is coming through
Stonebridge Subdivision which was forbidden
in the Stonehenge agreement. Mr. Wahlin will
receive word from the Board that he must handle
the situation. Also, There is a problem with
trees in the road right-of-way. They must be
removed by the developer. Louise Bergeron and
Paul Pearson will work on these issues.
2. Sports Complex -
Mike Polehna was present to enlist the Town's
support for the proposed Sports Complex.
($51,650.00 over a ten year period.)
M/S/P Francis/Johnson moved to support the
Sports Complex. Funding for the 1997 contribution
of $5,165.00 was approved by residents at the
Annual Meeting in 1996. (4 ayes)
7. OVERLAY PROGRAM - M/S/P Bergeron/Johnson moved to approve payment
of $59,153.30 to Schifskys pending receipt of the affidavit of withholding.
(4 ayes)
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.
-,
8. CRYSTEEL CREDIT - Louise Bergeron has checked on the status of the
$609.90 refund due to the Township. The request has been forwarded to the
Lakev11le Office. Also - labor reimbursement has been requested.
9. ROADWORK APPLICANTS - One resume has been received so far.
10. CURBSIDE GARBAGE FEES - Information received. The contract will be
ready for the next meeting.
11. CANVAS OF ELECTION - The Canvas of Election will take place on
November 7, 1996 at 7:00 p.m.
12. PLANNING COMMISSION -
1. The Attorney will rework the current Planning
Commission ordinances into one up-to-date
ordinance.
2. David Johnson has volunteered to be the
Planning Commission Liaison until the next
Organizational Meeting.
3. Ka thy Schmoeckel wi 11 be asked to check into
a tape recorder for use at public hearings.
13. TAKEMOTO RESIGNATION - M/S/P Bergeron/Hicks moved to accept Jack
Takemoto's resignation from the Board. (4 ayes)
14. SUPERVISOR CANDIDATE - Board Members discussed the four excellent
candidates.
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St4llwater Town Board Meeting - 10/10/96
Page Three
M/S/P Francis/Bergeron moved to appoint Sheila Marie Untiedt to the
4Itsupervisor position until January 1998. (4 ayes)
15. ADJOURNMENT - Meeting adjourned at 10:25 p.m.
Clerk
Chairperson
Approved
e
Stillwater Township
October 24,1996
Chair:
Hicks
e
7:30 p.m.
Regular Meeting
A2eoda: Adopt
Minutes: Approve Minutes - October 10, 1996.
Treasurer: 1. Claims &, Checks
2. Report
Attorn<<=- 1. Train Ordinance
2. Curbside Garbage Contract
3. Planning Commission Ordinance
__
Planner: 1. - .
.
Enllineer: 1. Update WahJin
Public Works: 1. Czystee1 Bill
2. Roadwork Applicants
3. Road Exchanges
{Jerk: 1.
Committees: 1.
People. 8:30 PM: }, Steve Nelson
2. Mike Maroney, Recycling Contract 1997
21~ Business: 1. Lake Louise
New Business: 1. Put Up Election Booths
Note:
-
Reminder. Anyone who wants a check on November 14, should have
a daim to the Oerk by November 6 at the latest.
_I
10/19/96
Pat Bantli
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
Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings
should be directed to the appropriate organization, Meeting infonnation is also available on the Metro Infonnation Line at
229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. Comments on Council issues
can be made by electronic mail at data.center@metc.state.mn,us or by calling the Public Comment Line at 291-6536. The
Council's new web page is at: www.metrocouncil.org
DATE: October 18, 1996
WEEK OF: October 21- October 25
METROPOLITAN COUNCn.
Community Development Committee - Monday, Oct. 21, Noon, Room IA. The committee will consider: City of
Orono comprehensive plan amendment; Washington County comprehensive plan amendment; proposed formula for
distribution oflocal planning grants; Livable Communities Act housing afIordability standards 1996; Homechoice
Demonstration Program; and other business.
Audit Committee - Monday, Oct. 21, 2 p.m., Room 2A. The committee will consider: State Auditor's Management
and Compliance Report for the year ended Dec, 31, 1995 with the State Auditor's recommendations and Metropolitan
Council's written management response; internal audit reports including Levee ExpansionlEnvironmentaI Inventory
and Review Project, systemwide evaluation of air emissions point project audit, Metro.Plant process computer system
project audit; Metro Plant Program Management Project audit, Blue Lake solids improvement study project audit,
income/revenue audit, Metro Plant warehouse new bar coding system review, transit store counts, farebox revenues
and variances audit, petty cash counts, drivers' payroll audit, follow-up review on the FMO Report issued by the
Federal Transit Administration audit, TxBase System implementation review progress report, Metro Mobility Metro
Ride Inc. audit progress report, and Home Choice demonstration project review; status report of the 1996 audit plan;
and other business.
Managed Competition Review Committee - Monday, Oct. 21,4 p.m., Room IE. The committee will consider:
. committee responsibilities; proposed approach; schedule; Part I, background information; ;and other business.
Environment Commlttilil - Tuesday, Oct. 22,4 p.rn" Chambers. TIle commiltee will consider: autnorization to grant
bikeway/walkway easement on Metropolitan Council property to City of Fridley; authorization to grant right of entry
onto Metropolitan Council property to Minnesota Department of Transportation for construction work associated with
Stillwater Bridge project; approval of request ofbidslproposals for Blue Lake/Seneca solids handling; and other
business.
Open House for Growth OptionsIPolicy Documents - Tuesday, Oct. 22, 6 p.m., Bumsville City Hall, Council
Chambers, 100 Civic Center Parkway, Bumsville.
Open House for Growth OptionsIPolicy Documents - Wednesday, Oct. 23, 6 p.m., Oakdale City Hall, Council
Chambers, 1584 Hadley Ave., Oakdale,
Proposed Southeast Regional Plant Workshop with Environmental Groups - Wednesday, Oct. 23, 6:30 p.rn.,
Metro 94, 455 Etna St., St. Paul.
e
Transportation Advisory Board Policy Committee - Thursday, Oct. 24,12:30 p.m., Room 2A. The committee will
discuss draft Transportation Policy Plan materials including air quality confonnity in Highway System Plan; financial
plan; and other business.
Spedal Meeting of the Land Transportation Committee - Thursday, Oct. 24, 2 p.m., 7th Floor Conference Room.
The committee will continue review of the revised draft Transportation Policy Plan.
o . '. ; ~. . "',. .. " .
--
Task Force Gn Local Government Efficiency - Thursday, Oct. 24,2:30 p.m., Room IA. The committee will
consider: Legislative audit's best practice ,study program; promoting efficient government; and other business.
. -.. .
. :;OM." _ ....-... ....' .." .., _,"
. .... , " - \ .
. .. -..... . .~...- -. . ,,' '. -...... - ". .......
Special Meeting of Finance Committee - Thursday, Oct. 24, 3:30 p.m., Room 2A. The committee will consider:
award of bids on general obligation bonds, Series 1996C Park Bonds, Series 19960 transit bonds and Series 1996E
sewer bonds; approval of 1997 Service Availability Charge rates; authorization to award a contract furnishing
uniforms and laundry services for MCES and MCfO and lockers for MCfO; and other business.
(
Metropolitan CouncD - Thursday, Oct. 24,4 p,m., Chambers. The Council will consider: approval of amendments to
the 1996-97 Affirmative Action Plan; authorization to grant right of entry on Metropolitan Council property to
Minnesota Oept. of Transportation for construction work associated with Stillwater Bridge Project; city or Orono
comprehensive plan amendment; 1997 Unified Planning Work Program and authorization to file a grant application;
approval of four day advance reservation period of Metro Mobility; Regional Transit Capital Improvement Plan (1997-
2001); acceptable identification for limited mobility bus fare; authorization to purchase MCES vehicles for 1997;
award of bids on general obligation bonds, Series 1996C Park Bonds, Series 1996D Transit Bonds and Series 1996E
Sewer Bonds; authorization to award a contract furnishing uniforms and laundry services for MCES and MCfO and
lockers for MCfO; approval of 1997 SAC(Service Availability Charge) rates; appointments to Transportation
Advisory Board - AMM nominees; set public hearings for Metropolitan Council 1997 Work Program and Budget and
1997 Capital Budget; transfer of Wellington from Finance to Transportatiol} Committee; and other business.
Open House for Growth OptionsIPolicy Documents - Thursday, Oct. 24, 6 p.m" New Hope City Hall, Council
. Chambers, 4401 Xylon Ave. N., New Hope.
Core Cities Issues Work Group- Friday, Oct. 25, 8:30 a.m., Room 2A.
~
- . "-
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are
subject to change. For more information or confirmation of meetings, call 291-6447, (TOO 291-0904). ~all the Metro
Information Line at 229-3780 for news of Council actions and coming meetings.
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TENTATIVE MEETINGS THE WEEK OF OcrOBER 28 THROUGH ocrOBER, 1996
Transportation Committee - Monday, Oct. 28, 4 p.m., Chambers.
Public Hearing on Draft Facility Plan for Empire Wastewater Treatment Plant Expansion - Tuesday, Oct. 29, 7
p.m., Fannington City Hall, 325 Oak St., Farmington.
Committee of the Whole - Thursday, Oct. 31,4 p.m" Room lA.
Metropolitan Radio Board - Friday, Nov. 1,9 a.m., Metropolitan Counties Government Center, 2099 University
Ave., St. Paul.
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W ASIllNGTON COUNTY
Dennis C. Hegberg
Olstlfet 1
***NOTICE CHANGE IN TIl\1E***
COUNTY BOARD AGENDA
OCTOBER 22, 1996, 1:00 P.M.
Mary Hauser
Dlstlfet 2
. WaUy Abrahamson
-, Ofstlfet 3
Myra Petel'1lon
Ofstlfet 4
Dave Engstrom
Ofstrlct 6/Chalr
1. 1:00 Roll Call
2. Consent Calendar
3. 1:00 Resource Recovery Project - J. Turnquist, Project Manager
Tabled on September 17. 1996 - 1997 Operating Budget
4. 1:10 H.E.L.M. Department - M. McGlothlin, Director
A. 1997 Resource Recovery Services
B. 1997 Fee Schedules
5. 1:35 General Administration - J. Schug, County Administrator
A. Ceridian Lease/Purchase
B. Report on County Survey
6. 2:15 Discussion from the Audience
7.
8.
9.
2:30
10.
2:40
to
3:40
11.
3:40
to
5:40
12.
5:40
to
6:00
Visitors may share their concerns with Ihe COlmly Board oj Commissioners on any item not on the agenda. The Chair will direct the
COlmly Administrator to prepare responses to your. concerns, You are encouraged not to be repetitious oj previous speakers and to
limit your address to jive minutes.
Commissioner Reports - Comments - Questions
This period oJtime shall be used by the Commissioners to repon to theJuIl Board on committee activities, make comments on mailers
oj interest and injonnation, or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because oj discussion will be scheduled Jor a Juture board meeting.
Board Correspondence
Adjourn
Workshop with Office of Administration - Room 100B
1997 Legislative Package
Workshop with Administration and H.E.L.M. - Room l00B
A. Cluster Workshop #2
B. New Zoning Ordinance - Density
Workshop with Office of Administration - Room 100B
TIF Criteria
***MEETING NOTICES LISTED ON BACK***
A&8i.tille Ii.tenin(l dellic.. ,,,. "1I.illlbl. for UMI in the County Boerd Room.
If you ne.d "..5"'nc. due to di>>bility or IIIn(llJl/(I. berri.r, pl... "'I 43().6000 (TOO 439-3220r
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
W A~Jr..,.Jl\~\.n 1...11,\ CU ../Il'l: ,l 1 JdUA~l,J U~. COMMISSIONERS
CONSENT CALENDAR **
OCTOBER 22, 1996
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Adm inistration
A. Approval of the October 8, 1996 Board Meeting minutes.
e
Auditor-Treasurer
B. Approval of abatement applications for homestead classification and deferred special assessments.
Community Services
C. Approval to issue and receive request.. for proposals for home care and related service... for calendar
1997 - 1998.
County Attorney
D. Approval to authorize early hires for two positions tentatively approved in the 1997 County Attorney's
Office budget. The positions are .5 FTE Assistant VictimlWitness Coordinator and 1.0 FTE Secretarial
position.
Health, Environment and
Land Management
E. Approval for County Board Chair and County Administrator to sign 1996-97 memorandum of agreement
for health promotion mini grant with Independent School District #83 I.
Housing and Redevelopment
F. Approval of resolution, reissuance by the Washington County Housing and Redevelopment Authority
of the $10,000,000 Multifamily Housing Mortgage Revenue Bond (Valley Creek Apartments Project.
Phase II) Series 1989 (the "Bond").
G. Approval of resolution, reissuance by the Washington County Housing amI Redevelopment Authority
of the $14,000,000 Multifamily Housing Mortgage Revenue Bond (Woodlane Place Apartments Project)
Series 1988 (the "Bond").
"
H. Approval of resolution, reissuance by the Washington County Housing and Redevelopment Authority' ..:
of the $12,815,000 Multifamily HQusing Mortgage Revenue Bond {Valley Creek Apartments Project}.
Series 1987 (the "Bond"). ~ .
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Human Resource...
I. Approval to create an attraction/retention salary range for the classification of Accounting
Supervisorrraxation in the County Auditor-Treasurer's Office. _
Public Works
. J. Approval to advertise for bids for the construction of the new County Library in Oakdale.
K. Approval to advertise for 1997 motor vehicle fuel supplies for Public Works and Sheriffs Department.
Sheriff
L. Approval and execution of amendment to current contract between the State of Minnesota, Department
of Corrections, and the Washington County Sheriffs Office.
*Consent Calendar items are generally defmed as items of routine businesa, not requiring discussion, and approved in one vote.
Commissioners may elcctlo pun a Consent Calendar item(s) for discussion and/or separate action.
...........................................................................
MEETING NOTICES
Date
Committee
Time
LoCltion
Oct. 22
Oct. 23
Oct. 23
Oct. 24
Oct. 24
Oct. 24
Oct. 29
Planning Advisory Commission
Mosquito Control Ex. Commission
Solid Waste Management Coordinating Board
Joint Ditch #1
Community Corrections
Metro TAB
League of Local Governments
7:00 p.m.
9:00 a.m.
10:30 a.m.
1:30 p,m.
7:30 a.m.
12:30 p.m.
7:00 p.m.
Washington County Government Center
2099 University Ave. W. - St. Paul
2099 University Ave. W. - St. Paul
Chisago County Board Room
Washington County Government Center
230 E. 5th Street - Mears Park Centre
Washington County Government Center
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113/18/96
14:56
CITY OF OAK PARK HEIGHTS -+ 61~:':~::.'2i~~z::/<',':"7'.'~.~"'"
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CITY OF O::~~ HEIGHTS '<~'-~,,"<l.~~;';V}
. "'~i:i,.i;-;';~<":i:: .'
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TUESDAY, October 22, 1996 -- 7:00 P.M.
r
AGENDA
I. Call To Order
II. Visitor Com~eI1t~. Ouestions, 9;" Concerns
III.
Department Reports
1. Police
2. Utilities
3. Parks
4. Building
5. Administration
6. Cable
7. Water Management Organizations
8. Recycling Award
Enclosure 1
9. Garbage Committee
10. OPR Business Group
.
~:~
"-. -.
'(
IV. iID~oyee Recognition
__ 1. Parks Supervisor Je.ff Kellogg
- 'Enclosure 2
v.
Consent Agenda (Roll Call Vote)
Enolosures 3, 3B, 3C, 3D, 3E, 3F, << 3G
..
VI. IIDfinished Business tl
~. Review of Street Reconstruction Plan
Enclosure 4 << 4B
2. Chlorination Equipment Installation
Enelosure S << S5
3. Proposed City Hall Use Policy
Enelosure 6
4. Proposed Educational Reimbursement Policy
}:nclosure 7
VII.
Public Hearing~
1. Proposed Conditional Use Permit - ArbysjSbarro
~D.closure 8, 8:e, 8e, << 8D
2. Continuation of Public Hearing - Proposed Zoning
Ordinance Update
Enclosure 9
3. Northern States Power - Proposed Rezoning of
Landfill Expansion Area
Encloau~e 10, lOB. lOC, & 10D
e
VIII.
New Business
1. Request for Minor Subdivision - Martin Siebert -
5670 Penfield Avenue North
Enclosure 11 & 119
2. 1997 Salary Recommendations
Enclosure 12
IX.
Correspondence
1. Washington County - Request for Speed Study on
Osgood Avenue North'
Enclosure 13
>',<",,~ .
~journment;
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.
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.
. Busin~ss Agenda
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1. Call to order.
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2.
Welcome.
3. Speaker. (Curt Johnson, Metropolitan Council)
4. Adoption of 1997 Legislative Policy Program.
(Copies were mailed to your city manager/administrator on Oct. 14)
5. Discuss/Establish 1997 Legislative Priorities.
6. Other Business.
7. Announcements.
8. Adjournment.
Directions
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Ramada Hotel
Hwy.36
(NE comer of 1-94 and White Bear
Avenue Interchange.)
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Q) Old Hudson Rd,
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1870 Old Hudson Road
St. Paul, Minnesota 55119-4377
(612) 735-2333
1-94
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1. Exit 1-94 at White Bear Avenue.
494
2. Go one block north to Old Hudson Rd.
3. Turn east to reach hotel.
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This notice was mailed to all AMM member mayors,
manager/administrators and councilmembers.
'" -
AHociation of
. Metropolitan 4x;'
Municipa litie~
1i9ard Q[Qt[g~tor'j
President
Tom Egan
Eagan
Vice President
Jim Prosser
Richfield
Past President
Joan Campbell
Minneapolis
Directors
Chuck Armstrong
St. Paul
Frank Boyles
Prior Lake
Jack Denzer
Cottage Grove.
Susan Hoyt
Falcon Heights
Ann Lenczewski
Bloomington
Gerald Otten
NewHope
Janice Rettman
St. Paul
Mark Sather
White Bear Lake
Terry Schneider
ly1innetonka
Kirk Schnitker
Champlin
Beverly Schultz
Bayport
Pat Scott
Minneapolis
Charlotte Sho ver
Burnsville
e
William Thompson
Coon Rapids
E1wyn Tinklenberg
Blaine
Jolm Weaver
Anoka
October 14, 1996
To : Manager/Administrator
From: ,~ Peterson, Executive Director
Subject: Policies
Enclosed are copies of the 1997 AMM Legislative Policy recommendations
submitted to the Board of Directors by the four standing policy committees.
The Board reviewed these recommendations at their October 10, 1996
meeting and made two modifications which are included in the cover letter
attached to the policies.
- .
'I....
~~
Please distribute the enclosed draft policy copies to your Mayor and
Cou~cilmembers for review. Detailed notice of the Policy Adoption
meeting to be held at the St. Paul Ramada Hotel on November 14, 1996
will be forwarded to you next week.
covlet.doc
145 Univenity Avenue Welt
~aint Paul, Minnelota 55103-2044
(b12) 215"4000
fax: 281-12qq
I
....>",' ?tilt,;;l.i:.
.
-
Auociation of
Metro po Ii ta n
Municipalitie~
BULLETIN
\l ,
,-:..~
October 1996
Dear AMM member local officials:
Attached are the recommendations for the 1997 legislative policy program from the AMM's four
standing committees. Please review the policies with your city council for action at the member-
ship meeting scheduled for Thursday, November 14 at the Ramada Inn on the East Side of St.
Paul. A notice on the specifics of the meeting will follow.
The AMM Board of Directors has reviewed the attached policies and recommends full
membership adoption as amended by the two changes listed below.
1. Insert anew policy between III-B-5 and III-B-6 on page 27
III-B-n TIF STATE AGENCY DISPUTE RESOLUTION
The State Auditor's office is preparing an in-depth audit function ofTIF
projects. It appears that projects may be held to standards beyond those in law
at the time of initialization causing cities to spend valuable time and resources
for justification. There is no appeal process.
..... .
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A mechanism should be developed to resolve disputes or differences of
opinion between state agencies and cities, including ,interpretation of the
law, arising from TIF project audits. .
2. Policy VK AIRPORT NOISE MITIGATION. The first sentence on page 57 is amended
to read: Enhanced mitigation programs should be provided through state and
MAC funds for areas impacted by airport activity, and areas beyond the
current 60 DNL contour lines.
Please review the policies listed on the back of this memo and number your top five priorities,
with 1 being the highest and 5 the lowest. Bring your priorities to the Policy Adoption Meeting,
or mail, fax or E-mail your responses to the AMM office. Your participation is important
because the policy priorities help determine how staff time and resources are allocated.
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145 Univmity Avtl1lJ( ~t
~Jnt Paul. /'IiMnota 5S1~-2D44
(611) 115-4000
fax: l!1-nqq
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AMM POLICY COMMITTEE PRIORITIES (1997)
Please review this list and indicate your top five priority policies,
numbering them from 1-5. (1 = highest priority; 5 = lowest priority)
.
REVENUE
'"
I-A-2 Oppose Valuation or Operation Freezes
I-B Property Tax Reform Principles
I -C Aid Program Continuation
I-F Local Performance Aid (oppose)
GENERAL LEGISLATION
II-A Oppose Reduction of Local Authority
II-G Public Right of Way
II-H Permit Approval Timeline
HOUSING & ECONOMIC DEVELOPMENT
III-A-5
III-A-6
III-B-4-7
III-B-lO
State Housing Policy & Financial Assistance
Metropolitan Housing Policy
Tax Increment Finance (TIF)
,Building Permit Fee
...
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METROPOLITAN AGENCIES
IV -D-1
D-3
D-5
I
Coordination of Local & Regional Plans
\ Growth Management Strategy
Local Plan Implementation
Local Governance Examination
TRANSPORTATION
V -A Transportation Funding
V -B Regional Transit System
V - D Transportation Utility
OTHER:
Please bring your responses to the November 14 membership meeting.
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You may also Mail (145 University Avenue W, St. Paul, MN 55103),
Fax (281-1299) or E-mail (AsocMetMun@aol.com) your responses.
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Association of .
Metropolitan
Municipalities
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1997
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Policies &
Legislative
Proposals
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145 Univmity Avcnur Hrst
~int Paul, ttinnrsm 55'01-1044
(611) 1'5-4000
fax: 181-llqq
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INDEX
PART ONE
~ICIPAL REVENUE AND TAXATlON
I. MUNICIPAL REVENUE
A. LEVY N ALUE LIMITS
1. Levy Limits
2. Oppose Valuation Or Operation Freezes
B. PROPERTY TAX REFORM PRINCIPLES
C. AID PROGRAM CONTINUATION
1. Local Government Aid (LGA)
2. Homestead and Agricultural Credit Aid (HACA)
3. Oppose Conversion Of City LGA And HACA To School Aid
D. TAX EXEMPT PROPERTY
1. Non-Governmental Tax Exempt Property
2. Governmental Tax Exempt Property
E. GENERAL FISCAL IMP ACT POLICIES
1. Fiscal Note Continuation
2. Funding Shifts
3. State Revenue Stability
4. City Revenue Stability and Fund Balance
5. Sales Tax On Local Government Purchases
F. LOCAL PERFORMANCE AID
G. PIDCEOFGOVERNMENT
H. MANDATED STATE AND FEDERAL PROGRAMS
I. FISCAL DISPARITY FUND DISTIDBUTION
PAGE NUMBER
1-10
3
3
3
3
5
5
5
6
.~;
6
6
6
6
6
7
7
8
8
8
9
9
9
J. CIRCUIT BREAKER AND TARGETING ON PROPERTY TAX
STATEMENT
10
.
K. TAXATION OF MUNICIPAL BOND INTEREST 10
L. STATE OR METROPOLITAN IMPOSED FEE FOR SERVICE 10
PART TWO
GE.NERAL--LEGIS~LA liON
II. GENERAL LEGISLATION
1. Amortization Aid
2. Employee Contribution Amount
3. Benefit Increases
4. Assumption Changes
11-16
13
13
13
~1
14 ':....
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14
14
14
14
15
15
16
16
A. OPPOSE REDUCTION OF LOCAL AUTHORITY
B. TORT LIABILITY
C. GENERALPUBLICDATA
D. POLICE AND FIRE PENSION PROVISIONS
E. 911 TELEPHONE TAX
F. 800 MHz RADIO SYSTEM
G. PUBLIC RIGHT OF WAY
H. PERMIT APPROVAL TIMELINE
PART THREE
C MIC
III. HOUSING AND ECONOMIC DEVELOPMENT
17-31
A. HOUSING AND NEIGHBORHOODS
19
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1. Examine Local Requirements That Affect Housing Costs 19
2. Practices By Other Levels Of Government Which Affect Housing Costs 20
3. Mandatory Land Use Standards 20
4. Developers/Builders Responsibility 20
5. State Housing Policy and Financial Assistance 20
6. Metropolitan Housing Policy 22
7. Local Housing Policy 22
8. Neighborhood Livability 23
9. State And/Or County Licensed Residential Facilities (Group Homes) 23
B. ECONOMIC DEVELOPMENT
1. Economic Development Responsibilities
2. Re-instate/Expand Urban Revitalization Action Program
3. Equal Treatment Of Cities
4. Tax Increment Financing (TIF)
5. Responsible Use Of TIF
6. Property Tax Reform Impact on TIF
7. Pre-1990 TIF Districts
8. Other Development Tools
9. Development Of Polluted Lands
10. Building Permit Fee Surcharge
11. Livable Wage Policy
24
25
25
26
26
27
27
27
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28 ..
29 -
30 .'"
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PART FOUR
MEJROPOLlT AN GOVERN.ANCE, STRUCTUBE....AN.DJSSUES
IV. METROPOLITAN GOVERNANCE 33-48
A. PURPOSE OF METROPOLITAN GOVERNANCE STRUCTURE 35 .
B. CRITERIA FOR EXTENSION OF METROPOLITAN GOVERNANCE
AUTHORITY 35
C. METROPOLITAN GOVERNANCE STRUCTURE AND FUNDING 36
1. Restructuring Of Metropolitan Agencies 36
2. Funding For Regionally Provided Services 36
3. Regional Tax Rates And User Fees 37
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D. COMPREHENSIVE LAND USE PLANNING/GROWTH
MANAGEMENT
37
1. Coordination of Local And Regional Plans 38 .
2. Metropolitan Council Focus on Planning 39
3. Growth Management Strategy 39
4. Metropolitan Land Planning Act Funding 40
5. Local Plan Implementation 41
E. METROPOLITAN COUNCIL BUDGETIWORK PROGRAM PROCESS 42
1. Budget Process 42
2. Work Program Evaluation 42
F. METROPOLITAN PARK AND OPEN SPACE FUNDING 43
1. Operation And Maintenance Funding 43
2. Bonding For Regional Parks 43
G. WATER RESOURCE MANAGEMENT 44
1. Water Supply 44 - ..~..
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2. Surface And Groundwater Water Management 44
3. Regional Wastewater (Sewer) Treatment System 46 -
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H. WASTE STREAM MANAGEMENT 46
I. LOCAL GOVERNANCE EXAMINATION 47
PART FIVE
lRANSPORTATLQJi
V. AMM TRANSPORTATION POLICY STATEMENT 49-58
A. TRANSPORTATION FUNDING 52
B. REGIONAL TRANSIT SYSTEM 52
C. TRANSPORTATION INCENTIVES/DISINCENTIVES 53
D. TRANSPORTATION UTILITY 54
E. MSAS FUNDING FOR COMBINED CITY STREET
DEPARTMENTS 54 e
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LEGISLATIVE POLICIES
1997
I
MUNICIPAL REVENUE AND TAXATION
I-A LEVY N ALUE LIMITS
A-I LEVY LIMITS
The Association of Metropolitan Municipalities has consistently opposed levy limit laws in that
they apply uniform statewide restrictions to cities and are too inflexible to accommodate
inflation, uncertainties in state and federal [mancial aids, and the diverse problems and
circumstances faced by cities throughout the state.
The AMM strongly supports the legislature's decision to end levy limitations for cities and
further urges that levy limits not be reinstated in the future.
.,\.~
A-2 OPPOSE VALUATION OR OPERATION FREEZES
During past legislative sessions several proposals related to levy limitation through freezes have
been made. As in the case of the previous levy limitations these type of artificial restrictions
will work adversely for the taxpayers in the long run. Property valuation freezes will create
property tax disparities between current and new property and will create large individual tax
bill fluctuations when the freeze is lifted. Payroll or operating freezes cause larger increases at
some later point.
The AMM opposes imposition of artificial gimmicks such as valuation freezes, payroll
freezes, or other limitations to the local government budget and taxing process.
I-B PROPERTY TAX REFORM PRINCIPLES
The AMM is supportive of reasonable and rational property tax reform and to that end provides
a set of principles to guide in the development of a reform package.
3
Property tax reform proposals should:
1.
be simple and accountable as long as it is recognized that the property tax system
must satisfy diverse rmancial needs.
.
2. recognize city cash flow needs and not jeopardize existing development districts, tax
increment finance districts, or enterprise zones.
3. assure that city revenue sources be diversified. The property tax is considered a
regressive tax and does not provide growth as does income and sales taxes. Cities must
avoid becoming totally dependant On property tax.
4. protect cities' ability to determine and generate revenue and not be dependent on
referenda.
5. assure that net property tax for Metro city taxpayers shall not increase as a result of
property tax reform which reduces or diverts aids (LGA/HACA) i.e. School
property tax reduction equivalent to aid reduction.
.
State aid should remain an essential component of the property tax system.
Categorical aid programs should not become a substitute.
. ..,,:-..
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A program such as income-adjusted circuit breaker and renter's credit
should continue.
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6. stabilize city revenue sources so that cities may effectively do both short and long
range planning.
7. be based on a class rate tax capacity system not a combination of tax capacity and
market value.
8. include elements that promote fairness and geographic balance. i.e. there should be
a semblance of equality and taxes paid by income and type and size of property .
.
Class rates may be adjusted to provide more fairness and equity to the
system. However, care should be exercised and overall tax burdens analyzed
before making major changes. As an example, C/I property taxes are high, but
Minnesota exempts business equipment which is taxed in most states. The
overall tax burden including property, income and sales should be considered
before changing one or the other.
"
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4
.
Local Government Aid should be distributed based both on need and
property wealth and should not favor one region of the state at the expense of
any other region. Recently proposed "power equalization" formulas would have
resulted in a shift of state aid from metropolitan cities to greater Minnesota cities
by failing to adequately recognize the needs of metropolitan cities and by
inflating the population factor of greater Minnesota cities.
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· If K-12 school funding is substantially changed, the principles of equity,
accountability, and progressiveness should be observed.
9. not include a new sales tax on local water or sewer utilities.
I-C AID PROGRAM CONTINUATION
In the event that an acceptable property tax reform is not achieved which incorporates the AMM
principles, then the AMM supports the following programs.
C-l LOCAL GOVERNMENT AID (LGA)
State aid to cities has existed for over two decades. LGA and other aid programs recognize
three basic city problems 1) the need for revenue diversification, 2) property wealth differences,
and 3) a state responsibility for various local services. Many programs and formulas have been
tried over time to achieve an appropriate balance but have usually changed quickly. The current
LGA formula seems to succeed reasonably well, although the modest growth factor will barely
maintain a current level. . It will not reverse the trend toward increased city property tax reliance
nor help offset normal growth.
.\.r
AMM supports continued use of the implicit price, deflator (IPD) to provide a minimum
growth to LGA. Additional state resources should be provided to reverse local reliance on
the property tax.
AMM supports continuation of the current LGA formula. If changes are considered by the
legislature, AMM will support only changes offered to the current formula that have a
positive impact on the metropolitan area.
C-2 HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA)
HACA equals approximately 40 % of local city aid and is an integral part of the state and local
governmental service financing system. Over time it has been decreased and for cities frozen
except for increases associated with class rate reductions to prevent property tax shifts. Without
an associated growth factor for HACA, levy rate increases will be greater than actual budget
increases causing larger property tax increases.
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5
HACA should be continued as part of the state and local fiscal relationship and the
household growth adjustment reinstated as well as an inflationary factor, such as the IPD
used for LGA, established.
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C-3 OPPOSE CONVERSION OF CITY LGA AND HACA TO SCHOOL AID
Past conversions of city LGA and HACA to school aid did not provide permanent relief from
rising school taxes nor is there any indication that such shifts would provide permanent future
relief. Shifting aid from cities to schools will have the effect of not only increasing city
property tax but probably overall property tax.
The AMM strongly opposes conversion of city LGA and HACA to school aid.
I-D TAX EXEMPT PROPERTY
D-l NON-GOVERNMENTAL TAX EXEMPT PROPERTY
One of the glaring inequities in the Minnesota tax system involves the free local services that
are provided to tax exempt property owned by certain non-governmental organizations. It is
widely acknowledged that such property benefits directly from governmental services such as
police and fIre protection and street services provided by cities.
".~. .
The AMM believes that owners of tax exempt property, except for constitutionally exempt
property should be required to reimburse cities for the cost of municipal services such as
police, fire, and streets.
.'"
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D-2 GOVERNMENTAL TAX EXEMPT PROPERTY
The state, some cities, counties and metropolitan agencies Own a significant amoUnt of property
within the metropolitap. area. Cities provide a range of services that benefit these properties.
However, since they are exempt from paying property taxes, municipalities are not reimbursed
for the cost of these services. This places an unreasonable burden on cities.
The AMM encourages the state legislature to establish a program for fairly reimbursing
municipalities from the state, county, other city and metropolitan agencies for the cost of
services such as police, fire, and streets to their facilities.
I-E GENERAL FISCAL IMPACT POLICIES
E-l FISCAL NOTE CONTINUATION
Many laws are passed each year by the legislature which have a substantial effect on the
fInancial viability of cities. Some of these, such as revenue and tax measures, have an obvious
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6
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and direct effect which is often calculated and reported during the hearing process. Many
others, such as worker's compensation benefit increases, mandated activities, binding arbitration
and other labor related legislation, social programs, etc., have costs which are not as obvious
but which will now be known due to a fiscal note requirement. Cities and others will now be
able to determine the real cost of a program or proposal and be able to use this data in
determining the merits.
The state should continue a policy of deliberate restraint on its mandated programs and
extensively utilize the fiscal note statute identifying local government costs on any new
mandated programs.
E-2 FUNDING SHIFTS
The Minnesota House of Representatives Research Department annually prepares Major State
Aids and Taxes: A Comparative Analysis. The statistics for 1985 - 1994 show an imbalance of
state revenues collected and aids and credits distributed between the metropolitan and outstate
areas. Around 65 % of the State Revenue is collected in the metropolitan area while only about
47.5 % (up 1.5 % from 1993) of the aids and credits are redistributed in the metro area. In 1994
there was $.59 returned in aids and credits for each dollar collected in the metro area (up 4
cents from 1993) whereas, there was $1.24 returned per $1.00 collected in greater Minnesota
(up 8 cents from 1993). The trend in the past two to three years has been slightly in favor of
the metro area but there is still a vast imbalance in favor of outstate distribution per amoUnt
collected. If the imbalance continues, state tax and aid policies may jeopardize the future
economic growth of the metro area to the detriment of the whole state.
-.
.\~
The AMM requests the legislature to continue to reduce the imbalance of aids versus
revenue between metro and outstate cities and to consider how this distribution of
resources effects the economic growth and vitality of the metro area and thus the entire
state.
E-3 STATE REVENUE STABILITY
The AMM has consistently supported a state reserve fund to deal with unanticipated economic
changes that could result in mid year cuts to various city aid programs, and to provide cash flow
balances so that short term borrowing is unnecessary. It seems prudent to develop a mid term
correction or unallotment process that does not penalize anyone segment of the state budget
recipients over another segment if the economy drops beyond a reasonable reserve balance.
The AMM supports a continued state fund to provide for state budget cash flow needs and
a reserve for unexpected budget shortfalls due to economic downturns. The AMM also
encourages the legislature to adopt a uniform across the board unallotment process for
major economic downturns.
--
7
E-4 CITY REVENUE STABILITY AND FUND BALANCE
Cities need substantial cash balances On hand to operate for the first six months of the
fiscal/calendar year until the first property tax receipts are paid in June and/or state aid is paid
in July. The alternative to an operating fund balance would be to engage in costly borrowing
which is not in the best interest of local tax payers or the state.
e
Many cities accumulate over a period of years capitol funds for fire engines, public works
vehicles, etc. to save taxpayer dollars in interest costs. These funds may appear to be surplus
reserves, but in reality are savings accounts for major purchases.
Cities need to maintain some fund balance to meet emergency expenditures created by natural
disasters, lawsuits, vital equipment breakdown and even unexpected mid year aid cuts.
Finally bond rating firms require liquidity and a demonstrated ability to pay debt in order to
receive a favorable bond rating which will in the long run save property tax dollars.
The legislature should not attempt to control or restrict city fund balances. These funds are
necessary to maintain fiscal viability to meet unexpected or emergency resource needs of
city governments, to purchase capital goods' and infrastructure, provide adequate cash flow
and to maintain high level bond ratings.
.:::....--
E-5 SALES TAX ON LOCAL GOVERNMENT PURCHASES
.'"
~
In 1992, the Legislature repealed the sales tax exemption for local government purchases. This
action increased the costs for local governments and local property taxes by an estimated $76.8
million for the states 1997 fiscal year. This repeal has effectively increased local property taxes
to finance state operations.
The legislature should reinstate the sales tax exemption for all local government purchases.
I-F LOCAL PERFORMANCE AID
The 1996 Legislature created the local performance aid program. The legislation was vague,
the program was partially funded by cuts in HACA and the requirements for applying for the
aid could become an onerous mandate on cities. Cities do performance measurement and
participate in joint powers to more effectively and efficiently provide services. There is no way
that the state can establish performance or efficiency criteria that is relevant for and applicable
to 855 cities ranging in size from 3 or 4 persons to 370,000 persons.
The AMM opposes the Local Performance Aid Program. If a local performance aid
program is mandated, then a new source of funds other than existing LGA or HACA
should be provided.
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I-G PRICE OF GOVERNMENT
The price of government legislation enacted in 1994 was intended to measure the overall effect
of state and local taxation over a long period of time. The targets measure government.
revenues as a percent of personal income and are intended to be used as long range fiscal
planning tools for the state. Unfortunately the price of government targets are being misused by
several organizations to call for arbitrary reductions in local spending.
The price of government statutes as they apply to local governments should be repealed.
I-H MANDATED STATE AND FEDERAL PROGRAMS
The cost of local government is influenced more and more by state and federal legislatively
mandated programs and increased mandated benefits or costs to current1programs. At the same
time the legislature and administration has suggested that expenditures are far too great at the
local level and that cutbacks are needed. Cities cannot provide additional mandated programs
without seriously impacting their ability to provide the traditional services of public safety,
street maintenance, snowplowing, etc. Mandated programs such as pay equity, binding
arbitration, PELRA, certain Data Practice requirements, expensive election rules, waste
recycling, and truth in taxation cost money. These costs must be recovered through levy, state
payment, or reduction of current service. There is no other way.
\.. '--
,\.~
. .
The AMM urges the legislature to recognize that mandated increased expenditures in one
program without a corresponding infusion of funds, mandates a new property tax or a
decreased expenditure in the other service areas such as public safety, etc. Therefore,
when new programs or increases to existing programs are mandated, the legislature should
provide substantial state funding assistance.
I-I FISCAL DISPARITY FUND DISTRIBUTION
Fiscal Disparities (F.D.) is a fiscal tool that shares Commercial/Industrial property value for tax
purposes in the seven-county metropolitan area. Its primary purpose is to help equalize, to some
degree, the property tax wealth among the cities by sharing part of the growth in communities
experiencing significant growth with those experiencing little growth. A secondary aspect is it
tends toward equalizing taxes on similar C/I properties in various communities.
Recently suggestions have been raised to use a percentage of the fiscal disparities funds for
specific social or other programs in the metropolitan area. Because of the way F.D. is
calculated, this would amount to a hidden property tax increase across the metropolitan area that
impacts the property tax poorer cities the most. Fiscal disparities distribution is applied after
levy certification so the property tax increase is automatic, not discretionary at the local level.
Therefore, .
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9
The AMM opposes use of fiscal disparities to fund social or physical metropolitan
programs since it results in a metropolitan-wide property tax increase hidden from the
public with an excessive impact on communities with lower property.wealth.
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I-J CIRCUIT BREAKER AND TARGETING ON PROPERTY TAX STATEMENT
Beginning in 1999, the circuit breaker and targeting payments which are currently made directly
to individuals will be converted to a property tax statement credit and payments will be made
directly to local units of government. As such, the funding for the program could be reduced
without directly impacting the taxpayer but with substantial financial impact on cities.
The circuit breaker should remain a direct payment to taxpayers and the 1995 law making
this a tax statement credit should be repealed.
I-K TAXATION OF MUNICIPAL BOND INTEREST
The state law that grants a tax exemption for municipal bond interest is being reviewed and
could be repealed. A repeal of this exemption will raise borrowing costs for cities at a time
when budgets are extremely tight and property tax increases are unacceptable ~o the taxpayer.
The state should maintain the tax exemption for municipal bond interest income.
- .,:.-
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I-L STATE OR METROPOLITAN IMPOSED FEE FOR SERVICE
'..
~..;
The 1993 legislature adopted a $5.21 fee for each municipal water hook up to pay for federally
mandated water well testing. Local officials/cities were mandated to impose the fee and accept
responsibility. It was not however imposed on trailer parks and ce~in other private interests.
It has been reported that the fee has raised excess funds which were deposited in the state
general fund.
In addition, the Metropolitan Council recently considered adding a surcharge on sewer charges
billed to cities to augment cutbacks in transit funding. The AMM strongly opposed this
proposal and it was abandoned.
The AMM opposes the state or metropolitan council mandating fees in a manner that
forces city officials to be held as the responsible culprits in levying and explaining the
purpose. The AMM also opposes fees that are not spread equitably to all and opposes over
collection or use of a revenue generated for a specific purpose or from a specific enterprise
to be used for other government expenses.
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II
GENERAL LEGISLATION
II-A OPPOSE REDUCTION OF LOCAL AUTHORITY
The AMM has for many years opposed statutory changes that erode local authority or mandate
activities which cost money to implement unless there is a provision to recover those costs.
The AMM opposes statutory changes which erode local control and authority or create
additional tasks requiring new or added local costs without a corresponding funding
mechanism. This includes such issues as mandating election by wards, intrusion in setting
local salaries, usurping licensing authority, or requiring land sale competitive bidding.
II-B TORT LIABILITY
The Municipal Tort Liability Act has served its purpose of protecting citizens damaged by public
servants as well as protecting tax payers from debilitating tort suits against the special
vulnerability of wide spread government operations. The need for tort recovery limitation is
apparent based on the mistakenly percieved unlimited deep pockets of government and the cost
of insurance coverage. Current 'joint and several liability' provisions limit payments to double if
the city is 35% or less liable. Although, if the responsibility is greater than 35%, the city may be
required to pay 100% damages. Limits do not apply to a municipal employee working for a
second non municipal employer. Tort liability limits were last adjusted to the current level of
$200,000 per person and $600,000 per occurrence in 1983.
\~;
The AMM supports the continued existence of municipal tort liability limits but does
recognize that the real value of the current $200,000/$600,000 limits has decreased.
Therefore, the AMM would support a modest increase in those limits. Current 'joint and
several liability' percentages should not be increased and exceptions to limits for municipal
employees working second jobs should be eliminated.
II-C GENERAL PUBLIC DATA
The Government Data Practices Act allows cities to charge actual costs for retrieving and
copying public data if copies are requested but they cannot charge for inspection only. The law
I " also prohibits charging for the time consuming task of separating public from non-public data
which is legally necessary.
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Profit making enterprises frequently use this free service to augment their businesses. An
example is a private special assessment search business that uses city facilities, city computer
equipment, city staff time for explanations, and then dominates the publicly provided telephone
for data transmission, all at taxpayer expense.
.
The AMM encourages the legislature to amend Minn. Stat. 13.03, Subd. 3 to allow
municipalities to charge for retrieving and explaining public data and for separating public
from non-public data. This amendment would not apply, however, to the media or to
private citizens requesting information about themselves or their own properties.
II-D POLICE AND FIRE PENSION PROVISIONS
Local police and full-time fire relief associations were phased out by the 1980 legislature unless
the local council opts to keep the relief association. All new employees will become part of the
state police and fire PERA fund and the state will reimburse local units for a portion of the
unfunded liability remaining in the local fund. Also, 1979 Law set employee contributions at 8%
and the Legislative Retirement Commission has in the past established a general policy requiring
public safety employees to pay 40% of the normal pension costs.
D-l AMORTIZATION AID
. ..::-
,..~ .
The AMM opposes legislation that provides for reduCtions of state amortization aid to local
police and fire relief associations.
.'"
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D-2 EMPLOYEE CONTRIBUTION AMOUNT
Even though the employee contribution amount was set at 8%, in many funds this is not
equivalent to 40% of the normal costs. The AMM urges that the contribution level be set
at 40% of the normal cost of financing the benefits even if this amount exceeds 80/0 of base
salary.
D-3 BENEFIT INCREASES
The AMM opposes any benefit increases for local police and fire relief associations unless
an increase, including any resulting deficit, is financed 50% by the employing city and 50%
by employees on a current basis.
D-4 ASSUMPTION CHANGES
The AMM supports changes in actuarial assumptions relating to salaries and investment
return to more truly reflect experiences. The AMM opposes payment of any type of bonus
to active or retired members (13th Check) as a part of actuarial assumption changes.
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II-E 911 TELEPHONE TAX
The Department of Administration has the authority to impose up to a 30 cent fee per month per
telephone line to offset the ongoing maintenance costs for 911 service for the 90 plus phone
companies in the state providing at least a basic service. The current fee is 22 cents but will be
increased for 800 MHz by 4 cents in July 1997. There has been some pressure to increase the fee
beyond the 30 cent level to provide outstate enhancements.
The AMM supports the current 911 access fee and use of that fee for enhanced upgrade
and other costs but any fee granted in excess of 30 cents per line per month should be
returned to the municipality where collected.
II-F 800 MHz RADIO SYSTEM
The 1995 Legislature authorized implementation of a Metropolitan 800 MHz Radio System and
created a governing board as well as identifying funding sources. It followed criteria put forth by
the AMM to ensure that cities would have complete control of when or if they became a part of
the system while insuring continued uninterrupted public safety service and fees levied only for
locally occurring costs at the time of participation.
The AMM will support the continuation of the Metropolitan 800 MHz Radio system
legislation and board as long as the following criteria are part of the implementation:'
."
~."
· Cities should not be forced to modify their current systems, purchase new
equipment prematurely, or become part of the 800 MHz Radio system until they so
choose;
. The system should provide a phased transition so that there is guaranteed
uninterrupted service;
· The system should be technically capable of allowing communities the flexibility to
form various coordinated arrangements for dispatching and service provision;
· The governance body for 800 MHz should continue to be representative of .
entities/users that ultimately must bear the cost but should not be dominated by any
one group; and
· Equipment for construction and implementation of the 800 MHz Radio system
should be exempt from the state sales tax for governmental units.
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15
II-G PUBLIC RIGHT OF WAY
.
US West has challenged the authority of cities' exclusive jurisdiction over public right of way. If
successful, telecommunication companies could enjoy unlimited access to bury or string
whatever they want with no controlling criteria over or under streets, sidewalks, or other public
property. This would make management and maintenance more costly and potentially expose
cities to increased liability at the expense oflocatproperty taxpayers. The League of Minnesota
Cities (LMC) has identified this challenge to the exercise of traditional local authority as a top
priority and is actively engaged in vigorous legal, legislative, and public education strategies.
The AMM supports the effort of the LMC to protect the authority of cities to maintain
jurisdiction over municipal public rights of way, to establish relevent criteria and to ~btain
compensation for its use.
II-H PERMIT APPROVAL TIMELINE
Current law requires final city action within 60 days of an application. Except fer simple
variances and site plan reviews, this deadline is often difficult to meet because of hearing
deadlines and preparation time. The law allows 60 days if the applicant is notified. However, if
the applicant is not notified and it takes more than 60 days to make a decision, the application is
automatically approved. This is a serious penalty for missing the 60-day deadline, especially if it
is an administrative oversite.
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The AMM requests the legislature to change the initial 60 day period to 120 days.
16
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III
Housing and Economic Development
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III
.
HOUSING AND ECONOMIC DEVELOPMENT
A HOUSING AND NEIGHBORHOODS
The distribution and availability of affordable housing throughout the metropolitan area is a
continuing concern. All levels of government and the private sector, including non-profit
groups, must work cooperatively to address this issue.
Each player in the production of housing must contribute if the issues are to- be addressed:
. The federal and state governments can best contribute by providing more direct financial
assistance and by creating a tax climate conducive to the production and maintenance of
affordable housing.
.
The Metropolitan Council should continue to give high priority to housing planning and
provide technical assistance and guidance to the public and private sectors so better
decisions relative to present and future housing needs can be made.
.
Local governments should not inhibit the production of affordable housing through
excessive regulatory requirements. They should also work with the private sector,
Minnesota Housing Finance Agency (MHF A) and the Metropolitan Council to make the
best use of existing tools and programs which facilitate the production and maintenance
of affordable housing.
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· The private sector should work with government and the non-profit sector in an effort to
increase the supply of affordable housing.
· The use of covenants, while generally desirable in improving the quality of development,
should be scrutinized by private developers to ensure that they don't have the impact of
undermining the creation of more affordable housing.
. Policy makers at all levels must become more cognizant of their actions, decisions and
requirements which may have an undesirable impact on housing affordability.
A-I EXAMINE LOCAL REQUIREMENTS THAT AFFECT HOUSING COSTS
Local requirements and practices can add to the cost of housing production.
City officials should periodically review city requirements, such as zoning and subdivision
ordinances, to ensure that these requirements do not prohibit the construction of affordable
e housing or become exclusionary.
19
A-2 PRACTICES BY OTHER LEVELS OF GOVERNMENT WHICH AFFECT
HOUSING COSTS
.
Decision makers at other levels of government must become more cognizant that actions. they
take may have a negative impact on housing costs. These actions at fIrst may appear to be
worthwhile and beneficial, but in the end may result in increased housing costs, especially On
lower cost housing. Examples include the sewer availability charge, restricted growth policies,
building and energy codes, environmental rules and transportation policies.
Housing costs are often impacted by actions of other levels of government. These levels
should examine current and pending regulations and policies to determine if changes can be
made to make affordable housing more available throughout the region.
A-3 MANDATORY LAND USE STANDARDS
State-imposed uniform standards for housing style, type and lot size are not appropriate because
of the great diversity among cities and differences within cities relative to density of
development, topography, age of housing stock, the mix of housing values and the level of
municipal services.
The legislature should not mandate uniform zoning and subdivision standards or remove
additional land use regulation authority from locallinits of government. Cities should
retain the authority to regulate the location, size, amount and type of housing within their
boundaries. No legislative initiative is needed. Cities do have a responsibility, however, to
encourage affordable, life-cycle housing opportunities.
.... ~
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A-4 DEVELOPERS/BUILDERS RESPONSmILITY
Local land use standards and regulations which help encourage affordable housing can be
negated by developers and builders through the use of private covenants which increase housing
costs by exceeding the local requirements.
In working with local governments in their efforts to encourage affordable housing,
developers and builders should not increase housing costs through private covenants by
requiring expensive amenities and standards which unreasonably exceed the local and state
requirements.
A-5 STATE HOUSING POLICY AND FINANCIAL ASSISTANCE
The state must continue to be an active participant in providing funding for housing needs.
Allocation of state resources should be based on a statewide housing policy formulated in
conjunction with regional and local governments to address 10cal housing needs. Financing
20
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I
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strategies must be devised which carry out the 10ng-range goals of providing and maintaining
affordable housing in rural and urban Minnesota.
The state can best contribute to the affordable housing situation by:
· Providing direct funding in the form of grants and loans from state-derived
revenues.
· Consolidating many of the existing small MHF A programs into a larger pool with
more flexible criteria and guidelines for use, thereby decreasing administrative costs
of applying for and administering such programs at the local level.
· Setting general policy priorities for use of state funds based on the state housing
policy which can be accessed by local, non-profit and for-profit developers based on
their specific activities.
.
Collaborating with the Metropolitan Council to provide technical assistance and
information about state and federal housing funding programs, as well as providing
easier access to these programs.
.
Aligning income/sales price limits of MHFAprograms with Livable Communities
Criteria where possible.
.\.;
· Providing incentives through the state tax policy to benefit the maintenance and
production of affordable housing. Incentives to be considered but not limited to:
(1) Sales tax exemption for the construction and operation of low income housing by
public agencies.
(2) Provide a state low income housing tax credit.
(3) Remove local housing authority levy limits.
(4) Reinstate the state deed and mortgage transfer tax exemption for public
agencies.
· Assisting to make economic development tools, such as Tax Increment Financing
(TIF) or Industrial Revenue Bonds (IRBS), available to cities with affordable
housing strategy elements within their community master plans.
.
Recognizing that preservation of existing housing stock is a fundamental and cost
effective means to promote and retain livable communities. Funding for housing
programs should include rehabilitation and restoration, as well as new construction.
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A-6 METROPOLITAN HOUSING POLICY
The regional housing policy plan should be consistent with the Regional Blueprint and take into
aCCount the essential linkages between housing, jobs and job training opportunities,
transportation and human service needs of low income residents.
.
The Metropolitan Council, should continue to provide market analysis and up-to-date data
on regional and local housing affordability needs and trends in the metropolitan area so
rational decisions about future housing needs can be made. The housing policy plan must
consider the linkages between housing, jobs and training, transportation and human
service needs as set forth in the Regional Blueprint and the Livable Communities Act. The
Metropolitan Council should examine its growth options policies to better determine their
effect on municipalities' ability to meet affordable housing goals.
The Livable Communities program was established to offer incentives to cities to preserve
and develop affordable and life cycle housing. Program funding is offered as an incentive
for cities to pursue the goals established by the Livable Communities legislation. The
policies of the Metropolitan Council regarding the award of funding under Livable
Communities should not be based On the acceptance or rejection by the community of
specific housing programs, but rather on the degree to which the application in question
will help the city meet its stated housing goals in its action plan. Communities should not
be required to expand or reduce their approved HoUsing Action Plan goals to obtain
Livable Communities funding.
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M~or changes to the Livable Communities Act should not be made until the evaluation
and report mandated by MS 473.254, section 6 has been completed.
A-7 LOCAL HOUSING POLICY
Housing needs vary among cities in the metropolitan area. Some cities need more housing for
low income persons while other cities need housing to retain and/or attract more moderate to
upper income persons. Cities should have the authority to promote housing types which are in
their best interest, while at the same time encourage life-cycle housing opportunities for
households of all income levels. Cities need to have greater flexibility in financing their
housing goals if they are to meet the intent of the Metropolitan Land Planning and Livable
Communities acts.
Cities should be granted sufficient authority and flexibility by the legislature to conduct
and finance housing programs that meet their individual housing needs. Local funds can
be used to leverage federal, state and metropolitan resources when they meet common
policy goals. Cities should avail themselves of the resources provided through the Livable
Communities Act.
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.
A-8 NEIGHBORHOOD LIVABILITY
Rapidly evolving social, demographic, economic and behavioral changes are converging on
many cities and creating new challenges that exceed cities' capacity to deal effectively with their
new environments.
The challenges cities face, such as deteriorating neighborhoods, crime and drugs, need the
cooperative efforts of public, private and business interests to solve. The problems continue to
grow though cities have taken efforts to face these challenges.
Cities should take the lead through working with other appropriate groups and agencies in the
development of local and regional strategies that will assist in addressing complex and growing
neighborhood problems. These strategies should recognize that the physical and structural
condition of the neighborhood is inextricably interrelated with the social welfare of the
neighborhood and the educational and economic opportunities available to residents.
Where legislation is directed to assist low income individuals and children in poverty,
legislators must recognize the need for linkages between housing and human services, jobs
and training, health care transportation, and educational opportunities. When the
legislature considers low income programs, it should treat these activities in a
comprehensive manner.
~~>
The legislature should enact necessary legislation to identify and eliminate any barriers,
including welfare reform, that would act to deter individuals from achieving their goal of
economic and personal success for themselves and/or their family.
Current state law makes it difficult for income-based benefit providers to share eligibility
information. The Data Practices Act should be modified to allow such sharing of
information when fraud is suspected or to determine program eligibility.
A-9 STATE AND/OR COUNTY LICENSED RESIDENTIAL FACILITffiS
(GROUP HOMES)
Residential-based facilities (group homes) should not be concentrated. Over-concentration of
such facilities could have a negative impact On the community and on facility residents.
Cities have a responsibility to welcome such facilities on a fair share and rational basis. The
AMM also believes that the state must ensure that residents living in residential-based facilities
receive appropriate care and supervision relative to their disability or need to be housed in a
group facility.
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The state's de-institutionalization policy is directly linked to the need for more residential-based
care facilities in cities and the responsibility of the state to provide sufficient funding to ensure
adequate care and supervision of the residents placed in such facilities.
.
The following principles should be in law or rule to regulate residential-based facilities:
· State and county agencies must provide timely notification to cities of the status of
facility license requests and renewals and provide adequate opportunity to respond.
Cities must also be aware of the special care needed by residents of such facilities in
case of public safety emergencies.
· Clustering of community residential facilities because of economic, geographic or
other factors should be avoided. Standards of non-concentration for state or
county-issued RFP'S should be established.
.
There must be an ongoing screening process, particularly in the corrections area, to
ensure that persons placed in a residential facility will benefit from such an
environment and will not be a danger to themselves or others. The licensing
authority must be responsible for removing any persons found incapable of living
peacefully in such an environment. -
- ,-
-....
,. -
.
Facilities licensed by the corrections department should not be exempt from
reasonable local land use regulations. .
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· A fair share concept should be considered within the metropolitan area. However,
this concept should consider other factors including transportation facilities, jobs
availability and other needed support services.
· The licensing authority and/or legislature should allow cities to participate in the
search for facility locations in order to meet the needs of the providers, facility
residents and the neighborhood.
III-B ECONOMIC DEVELOPMENT
All communities address economic development through their local land use regulations, with
each city striving for "orderly development." However, metropolitan communities have varied
development needs.
Economic development is not just a matter of a greater tax base for the community, but requires
tools that promote, regulate and service the development. Economic development is promoted
through housing and redevelopment authorities, economic development authorities, port
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authorities, TIF, revenue and general obligation bonds and the Star Cities program.
Comprehensive plans and land use controls serve as regulators and water, sewer, streets and
other municipal services are important components of economic development.
B-1 ECONOMIC DEVELOPMENT RESPONSIBILITIES
Cities are the primary units of government responsible for economic development and
redevelopment. They require adequate fiscal tools to address these issues in a timely and
effective way. The state should acknowledge the valuable role cities play in developing and
maintaining the economic health of the state.
A state economic development strategy should be established which promotes job creation
and retention; fosters redevelopment to eliminate blight and decay; assists the clean up
polluted lands and provides adequate housing opportunities.
In partnership with the state, cities should be charged with locally administering an
economic development policy created by the legislature and governor through local
economic development plans or policies.
The state should acknowledge cities as the primary units of government responsible for
implementing these strategies and land use controls. Additional tools should be developed
for cities to accomplish these objectives.
..
.~~;
B-2 RE-INSTATEIEXPAND URBAN REVITALIZATION ACTION PROGRAM
One of the major keys to reducing poverty in decaying areas is providing access to good paying
jobs like those available in the manufacturing industry. It is important to provide incentives or
other tools to help retain or introduce manufacturing businesses into economically distressed areas.
The Tax Base Revitalization Account within the Livable Communities Act helps to accomplish this
goal.
Another effective program that the central cities have had in the past was the Urban
Revitalization Action Program (URAP). This program was very easy to administer and should
be re-instated and expanded to include suburban communities with deteriorating jobs base and
aging housing stock.
The AMM urges the legislature to enact and fund a new version of the uRAP program that
includes all cities with characteristics and demographics meeting defined criteria. Such
criteria should include factors such as poverty rates, age of housing, unemployment rates,
income levels, etc.
e
AMM also recommends that once a city is designated as a URAP-eligible community, it
should be automatically eligible for benefits available under federal or state enterprise zone
25
legislation and/or any other program targeted to cities whose characteristics and
demographics meet the defined URAP criteria.
.
B-3 EQUAL TREATMENT OF CITIES
All cities regardless of size or location should be treated fairly with respect to state authorized
and funded economic development programs.
New or revised programs designed to address specific economic circumstances within cities
or counties should use problem definition as the criteria for participation rather than
geographic location, size of city, class, etc. .
B-4 TAX INCREMENT FINANCING (TIF)
TIP has enabled cities to plan and successfully carry out housing, economic development and
redevelopment projects. TIP represented, prior to 1990, the most feasible and effective tool for
cities to preserve and improve their OWn physical and economic environments. TIP is virtually
the only tool available to cities for positive self intervention to curb the spread of blight and
enhance sound economic development in order to provide or preserve jobs and maintain a
healthy tax base.
"
",\ .
Although changes made during the 1995 Session made the tool more usable, TIP authority has
been seriously limited, reducing the ability of cities to engage in needed development and
redevelopment. The state should acknowledge cities as the primary governmental unit
responsible for economic development; which includes the creation and retention of jobs,
growth of the state I s economy, elimination of blight arid decay, development of affordable
rental and owner-occupied housing and clean-up of contaminated soils. TIP is a proven tool for
fulfilling these needs and examples of positive uses abound. The state should partner with cities
in their economic development and redevelopment effort.s.
....
~"
The Legislature should not make further restrictive changes to tax increment statutes and
should give cities more flexibility by making the following positive changes to the TIF laws:
· Allow districts approved after April 1, 1990 to pool increments for affordable
housing or pollution remediation.
· Allow clean-up of contaminated soils, landfills and parcels that contain debris or
other materials transported to the site or parcel.
· Eliminate the Local Government Aid (LGA) and Homestead Agricultural Credit Act
(HACA) penalty currently imposed on newly created districts or, remove the
restrictions on the source of payment if the penalty is not eliminated.
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Eliminate the inflation adjusted base for economic development districts.
.
Allow redevelopment and renewal districts to be redesignated as a pollution district
if contamination requiring significant clean-up costs is found.
.
· Allow for all cities' redevelopment of small scattered site housing.
· Remove existing restrictions to property included in a deferred assessment program
within the last five years (e.g. green acres; agricultural preserves).
B-5 RESPONSIBLE USE OF TIF
The state has imposed restrictions On the use of TIF partially because of the perception that it
causes unnecessary competition between individual cities and regions of the state. There is also
a perception that cities are played against each other when' developers consider projects and
development which would take place without TIF. Some counties and school districts also feel
they should become more involved in the decision making process.
.
Local governments that use TIF should institute a developer disclosure process so
cities are knowledgeable when developers are negotiating with other communities.
.
The review and comment requirements of the current TIF law should continue to be
used to educate other local governments about proposed development projects.
Counties and school districts should respond to these overtures for evaluation and
participation and take advantage of all available informational opportunities.
· Cities alone should be authorized to approve city initiated TIF Districts
B-6 PROPERTY TAX REFORM IMP ACT ON TIF
There will be several property tax reform proposals considered in the 1997 Legislative session.
Some of there proposals could have significant negative impacts on existing TIF districts if passed.
The AMM will support only property tax reform proposals that include provisions to hold
harmless existing tax increment financing districts and provide sufficient state resources so
that local TIF obligations can be met.
B-7 PRE-1990 TIF DISTRICTS
The Legislative Auditor's office asserts in its 1996 report concerning tax increment financing that
many cities use tax increments from pre-l 990 districts as a general purpose funding source or for
community projects that could be financed by other means such as special assessments or user
e fees. The Legislative Auditor recommends that the legislature enact restrictions limiting the use of
27 .
."\.;
"
increments from such pre-1990 districts so as to force their early decertification. In making this
recommendation; the Legislative Auditor fails to appreciate fully cities' limitations With respect to
forecasting changing markets, economic cycles, tax policy and numerous other factors which
affect the original planning objectives of these districts. Legislation that retroactively restricts the
use of tax increment financing to respond to changing economic development, redevelopment and
housing needs will further exacerbate cities' already limited ability to deal with new challenges.
.
Local governments have placed considerable reliance on current law with respect to tax increment
districts created prior to 1990. Cities have adopted long range, multi-year plans to implement the
objectives of their tax increment financing districts. The development, redevelopment and
community projects which have been undertaken by local governments have been consistent with
legitimate goals and meet the objectives of their tax increment financing plans. Many property
owners and residents have relied upon the ability of cities to perform on and complete the plans
which were conceptualized before 1990.
The AMM urges the legislature not to adopt further restrictions on the use of tax increment
financing that would limit cities' abilities to complete development and redevelopment
objectives with increments from pre-1990 districts.
B-8 OTHER DEVELOPMENT TOOLS
"', .
Minnesota cities have the primary governmental responsibility for economic development, but
additional tools are necessary to carry out that responsibility . The major existing tool is Tax
Increment Financing (TIF) but its effectiveness has been diminished by legislative actions in
recent years.
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~
The legislature should establish a This Old Storefront program as another economic
, development tool and provide limited property tax abatements to property owners
rehabilitating their commercial properties. Abatements should be restricted to properties
that are at least 35 years old, with an emphasis on properties that are 70 years old or
older.
The Minnesota Investment Fund grant program should be continued and increased to $10
million annually and clear rules established to govern its use. The state and federal funds
that support this program should also be spread over the year to ensure projects across the
state have access to the grants.
The federal government should substantially increase the current appropriation for the
community development block grant program and simplify the application process.
Congress should remove the caps placed on industrial development bonds and acknowledge
that extensive eligibility requirements adequately limit their use.
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B-9 DEVELOPMENT OF POLLUTED LANDS
.
Most Minnesota cities have polluted land sites within their boundaries that remain unused or
underdeveloped because of obstacles preventing clean up and reuse. Among the roadblocks are
liability issues and up-front costs of clean-up. Developers and Financiers are reluctant to
expose themselves to such liability and clean-up costs often exceed the value of the land despite
incentives for private sector intervention. Public sector subsidy is critical.
The Legislature passed several measures during the last few sessions to help deal with the
polluted lands problem including:
· The 1992 Land Recycling Act which was designed to promote the transfer and reuse of
contaminated land by offering an exemption from liability to those who are not otherwise
liable and voluntarily clean up a site.
. The 1993 Tax Act which made a step toward developing a pollution clean-up program
and acknowledged that TIF is an appropriate tool to provide a portion of the funding.
.
The 1995 Livable Communities' Act which provides about $6.5 million annually in
grants for clean-up in the metropolitan area and reduce~ the local match for the
Department of Trade and Economic Developm~nt (DTED) clean-up grants from 18
percent to 12 percent and allows the regional funds to be used as part of the local match.
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· The 1995 Legislature also appropriated nearly $8 million to DTED for the statewide
clean-up program of which up to two-thirds can be used in the metropolitan area. The
Minnesota Superfund law was amended to authorize the MinI'lesota Pollution Control
Agency (MPCA) to consider the planned use of property when determining appropriate
clean-up standards.
The legislature should continue its strong commitment to polluted lands clean-up by:
· Continuing the DTED clean-up grant program and increase funding substantially
based on the current need and demand.
· Allowing the clean-up tools created during the 1995 Session to continue operating.
· Requiring that condemnation commissioners consider the cost of correcting pollution
problems in determining the final value of property.
.
Establishing an indemnification fund to provide financial security for institutions
and individuals as they invest in projects to recycle cOlltaminated sites in order to
leverage private investment in cities' efforts to increase their tax base and create
jobs.
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Establishing a fully funded program to allow cities and other development
authorities to gain control of and develop contaminated sites.
.
· Eliminating the requirement to match a portion of the clean-up grant program with
local general funds.
B-I0 BUILDING PERMIT FEE SURCHARGE
Local units of government levy a half-percent surcharge on building permits which is paid to the
state to operate the state Building Codes and Standards Division. Until the 1991 Legislature
changed the law at the request of the governor, any excess fees over actual operating costs were
proportionately rebated to, local units to help pay for building officials training and continuing
education costs. Local units of government are facing tough fInancial times and need every
available resource, especially that which could be considered local money.
The AMM recommends reinstating the language providing that unused building permit
surcharge fees in excess of state building code division costs be returned to cities.
B-ll LIVABLE WAGE POLICY
".
The 1995 Legislature adopted an amendment that requires a business that receives state or local
government assistance for economic development or job growth purposes must create a net
increase of jobs in Minnesota within two years of receiving the assistance. If the job and wage
goals are not met, the business must repay the assistance. Assistance is defIned to mean a loan
or grant in excess of $25,000 or TIP. Annual reports to DTED are also mandated.
....
~"
The amendment basically requires a net increase in jobs for any type of public economic
assistance. Because the act does not specify the type of TIF district, it is assumed that all types
of districts, including housing districts, must retain a business and prevent relocation of that
business. '
The AMM recommends that the current law be amended to incorporate the following:
· A business be defined as an industrial entity and a for-profit corporation.
· Assistance be a loan or grant equal to or greater than $250,000. TIF, for purposes
of this act should not be considered assistance if used for housing, redevelopment,
renewal, or soils correction districts.
· Assistance may be used to retain and/or increase the number of jobs.
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The state or local government providing the assistance be authorized to establish by
agreement with the business the wage and job goals, as well as the means to repay
the assistance or another remedy to satisfy the goals.
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IV
METROPOLITAN GOVERNANCE STRUCTURE AND ISSUES
IV METROPOLITAN GOVERNANCE
There are certain issues, concerns and problems which because of their complexity or breadth
encompass the entire metropolitan area and can not be dealt with by a single local government
or through a combination of local units. The region needs to deal with these regional issues
through a regional governance structure which acts in cooperation with and as a partner with
local units of government and officials.
IV-A PURPOSE OF METROPOLITAN GOVERNANCE STRUCTURE
The diversity in demographics and political subdivisions within our metropolitan area result in
the need for planning on a metropolitan basis which must be done in cooperation with local
government. There is also a need for a regional service delivery system to provide certain
services or portions of services to most effectively and efficiently address the needs of the
metropolitan area.
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The AMM affirms its support for the existence of a metropolitan governance system to deal
with appropriate regional issues and concerns. The purposes of the metropolitan
governance system should be to facilitate region-wide planning with the cooperation and
consideration of the affected local governmental units; to provide certain region-wide
services that do not duplicate those that can be provided by local governmental units,
either individually or jointly; and to fulfill other specific responsibilities mandated by the
state and federal governments.
IV-B CRITERIA FOR EXTENSION OF METROPOLITAN GOVERNANCE
AUTHORITY
Executive, legislative or self directed initiatives to expand responsibility or authority of the
Metropolitan Governance System must be carefully considered and limited in focus with indepth
review by all those impacted by the proposed expansion.
The legislature, if granting the metropolitan governance structure additional responsibility
or authority, should be specific in the grant. Expansion or extension of authority should be
considered only when one or more of the following conditions exist:
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The service, function, or activity has been shown to be needed and it can be
demonstrated that it cannot or is not being effectively or effitiently provided
through existing general purpose units of go~ernment;
.
· The service, function, or activity is not an appropriate state level or local
government level activity or function,
· Regional intervention is needed for protection of the region's investment in an
existing metropolitan system.
IV-C METROPOLITAN GOVERNANCE STRUCTURE AND FUNDING
The Metropolitan Council was created in 1967 to coordinate "the planning and development" of
the Metropolitan Area. The Council was mostly advisory, but was given responsibility for
regional policy development and coordination in the areas of wastewatet treatment,
transportation and airports. The Council was given limited approval authority for development
proposals which were of metropolitan (regional) significance but was not given direct
operational authority. The Metropolitan Council's responsibility has been exp:mded over the
years and was given direct operational responsibility for regional traJ.".:;ii and wastewater
treatment in 1994. .
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C-l RESTRUCTURING OF METROPOLITAN AGENCIES
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In 1994 the Legislature eliminated the Regional Transit Board (RTB), the Metropolitan Transit
Commission (MTC) and the Metropolitan Waste Control Commission (MWCC) as freestanding
agencies but there are still separate agencies for sports facilities and airports.
The AMM recommends:
· Removing the metropolitan sports facilities commission as a metropolitan agency
since the back-up tax liability is limited to one city which als() appoints all
commissioners except the chair, contingent upon its divestitUre of lands and
properties in cities not responsible for the back-up tax.
· Clarifying the status of the Metropolitan Airports Commission (MAC) so that it
either becomes a metropolitan agency or a state directed ageiicy. If the back up
property tax is limited to the seven county metropolitan area then its membership
should come frolD the metropolitan area. If the back up property tax is state wide
then the MAC should have statewide representation.
C-2 FUNDING FOR REGIONALLY PROVIDED SERVICES
The funding for the Metropolitan Council and it's regionally provided services is a combination
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..
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of property taxes, user fees and federal and state grants. There have been discussions to replace
these multiple sources with a single new revenue source.
The AMM believes it is appropriate to continue to fund the regional services and activities
by the existing combination of user fees, property taxes, state and federal grants. The
AMM believes this method provides better visibility of expenditures by the "payers" and
therefore opposes the imposition of a single new source to replace the present funding
sources. The AMM also believes that the linkage between revenues and expenditures for
each service should remain visible by function as the operating functions are absorbed by
the new governance structure.
C-3 REGIONAL TAX RATES AND USER FEES
The Legislature controls the taxing authority of the Metropolitan Council and the Metropolitan
Airports Commission (MAC) and it should continue to do so. User fees are determined by the
Metropolitan entity collecting the fees. The setting of user fees and the process for setting or
changing fees has generally not been considered a problem except for isolated cases.
The AMM believes:
.
User fees for regional services should not be dictated by the legislature but should be
determined by the entities collecting the fees.
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-~....
· All fees should be consistent with regional system plans and goals.
· An open visible process/procedure should be employed for user fee rate changes
when changes are proposed in order to ensure public notice and opportunity for
input.
· A clear linkage between fees and service should be maintained.
IV-D COMPREHENSIVE LAND USE PLANNING/GROWTH MANAGEMENT
Land use planning and regulation in the metropolitan area is mostly governed by the statewide
municipal planning act (M.S. 462) and the Metropolitan Land Planning Act (M.S. 473). While
not a perfect framework, the guidelines and requirements in these laws have worked reasonably
well for the affected entities. There is a growing perception, however, that existing planning
law and resource availability might not be adequate to deal with current planning and
development issues facing this state, region and local units of government. There is also a
growing perception that improvements are needed in the relationships and interactions between
the Metropolitan Council and local governments.
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D-l COORDINATION OF LOCAL AND REGIONAL PLANS
Planning is an ongoing process, and several precepts should be kept in mind by local units of
government, Metropolitan Council and the state as this metropolitan planning process continues.
e
· The regional investment in metropolitan physical service systems; transportation,
wastewater treatment, airports, and park and open space, should continue to be
protected by preventing adverse impact on these systems due to lack of integration
and coordination between regional and local planning.
· Designation of other regional plans as metropolitan systems plans should not be
made unless there is a compelling metropolitan area wide problem or concern that
can best be addressed through a regional system designation.
· Local governments must recognize the authority of the Metropolitan Council to plan
for the regional systems; and the Metropolitan Council must recognize the authority
of local governments to plan for their communities so long as the regional systems
are not jeopardized.
.
Local officials must have effective input into the regional planning process on an
ongoing basis. In order to assure effective input, the Metropolitan Council should
hold public hearings on all proposed amendments to the Metropolitan Development
Guide. Adequate advance notice, including full text copies of all amendments,
should be provided to all local governments. Following adoption of amendments to
the Development Guide, the Council should provide copies of the adopted plan.
. "
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· Metropolitan system plans must be sufficiently specific in terms of locations,
capacities, and timing to allow for consideration in local comprehensive planning.
System plans should clearly state the criteria by which local plans will be judged for
consistency. System plans should also clearly state the criteria that the Council will
use to find that a local plan has a substantial impact on or contains a substantial
departure from metropolitan system plans.
· Timely and effective local planning assistance should be available to cities,
including, but not limited to: staff support; research and technical data; specific
guidelines for interpreting policies; systems statements; and procedural criteria for
the review and evaluation of plans and amendments.
.
Procedures for Metropolitan Council review of local plan amendments must:
* recognize that the Council does not "approve", local comprehensive plans, but
rather only has authority to review and comment unless there is a substantial
impact on or departure from the system plans;
be established through an open dialog with local governments to maintain
*
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*
trust and communications between the Council and local governments, which
in the past has included a public hearing process;
be sensitive to local government's need to act on plan amendment and
development applications within time constraints imposed by state law;
provide for immediate effectuation of plan amendments which have no
potential for substantial impact on systems plans;
require the specific information needed for the Council to discharge its
responsibilities under the law, but not prescribe content or format beyond
what is specifically required by the Metropolitan Land Planning Act.
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*
D-2 METROPOLITAN COUNCIL FOCUS ON PLANNING
The historic separation of responsibility for long range planning and service delivery at the
regional level no longer exists as a result of the 1994 Metropolitan Reorganization Act (MRA).
The Metropolitan Council is now both a planning and operating agency and is also responsible
for administering the Livable Communities Act.
There is a growing concern that the Council is subordinating its visionary and long range
planning, data collection, and research functions to its operational and administrative functions.
The Council also needs capacity to deal with emerging issues in a timely manner as well as
provide for the important linkage between transportation/transit, housing and economic
development as delineated in its Regional Blueprint.
....
~-;
The Council must redouble its efforts to ensure that its legislatively assigned planning,
research and data collection and dissemination functions are fulfIlled in a timely manner
and consistent with its statutory obligations.
Cities will be unable to meet their planning mandates unless they receive the needed
information and data from the Council in a timely manner.
D-3 GROWTH MANAGEMENT STRATEGY
There is a growing perception, that existing land use planning law is not adequate to deal with
current development issues and conc~rns. Part of this perception may be based on the fact that
Minnesota does not have a statewide growth management policy.
State legislators, Metropolitan councilmembers, local officials and the public have expressed
increased concern about the continued pattern of outward growth, or urban sprawl, in the
metropolitan area. Specific issues include constrained funding for expansion of regional
systems, a desire to preserve the urban core, the need for affordable housing throughout the
region, protection of agricultural uses, environmental impacts and a desire to promote
development patterns consistent with maintenance of a viable public transportation system.
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Studies have documented continued acceleration of often unplanned and uncontrolled gr~wth in
the next ring of counties surrounding the metropolitan area, including western Wisconsin.
AMM members are concerned that imposing increased density requirements and increased
regulation of growth within the seven counties covered by the Metropolitan Ccmncil, while
leaving unaddressed the issue of exurban development outside the seven counties, will simply
accelerate the trend of leap-frog development and make it more difficult to produce affordable
housing. Similar issues, albeit on a smaller scale, are of concern to cities throughout Greater
Minnesota, particularly the regional centers.
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The AMM strongly encourages the Metropolitan Council and the State of Minnesota to
devise effective methods of ensuring responsible and controlled development in counties
surrounding the metropolitan area. Options may include expansion of the Metropolitan
Council's area of land use planning authority in surrounding counties, granting additional
planning authority to Regional Development Commissions; and or adoption of a planning
law requiring more responsible regulation of land development in counties surrounding the
metro area.
Discussions should also be continued with officials in western Wisconsin tc encourage their
adoption of effective growth control measures. Further investme::t in transportation
infrastructure to connect with Wisconsin should be contingent upon their implementation
of such controls.
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The AMM also encourages the Metropolitan Council to continue its flexible guided growth
policy regarding Metropolitan urban Service Area (MUSA) expansion requests as outlined
in the Regional Blueprint. However, the Metropolitan Council must recognize that until
there are effective growth management strategies and tools beyond the metropolitan area,
tightening of MUSA expansion criteria within the metropolitan area will cause one or more
of the following:
· Increased leap-frog development into adjacent counties and Wisconsin.
· Increased housing costs within the metropolitan area.
· Decreased economic growth due to increased development costs.
· Increased development activity in the Rural Service Area.
D-4 METROPOLITAN LAND PLANNING ACT FUNDING
Implementation of the Metropolitan Land Planning Act (MLP A) has an impact on city financial
and human resources on an ongoing basis. Furthermore, the 1995 MLPA amendments
sponsored by the Metropolitan Council created additional unfunded mandates for local units of
government. The AMM has long opposed unfunded mandates and spoke to this issue before the e
40
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Metropolitan Council and at several legislative hearings. The legislature did not provide
funding in 1995 but directed the Metropolitan Council to assess the need for fmancial assistance
and report to the Legislature early in the 1996 session. In the 1996 session, a small amount of
funding ($1 million) was provided compared to the need (estimated at $10 million).'
The Metropolitan Council must consider and account for the capacity of and efforts by
cities to produce and implement comprehensive plans as Council policies and systems
statements are developed and adopted. All requirements for local plan preparation and
implementation should be subject to fiscal impact evaluation before adoption and should be
accompanied by meaningful financial assistance upon adoption.
The Legislature should follow the precedent it established in 1976 when the original .
Metropolitan Land Planning was passed by providing funds to local units of government to
implement the mandatory provisions. Additional planning mandates which create local
costs to implement will be opposed by the AMM unless fully funded.
D-5 LOCAL PLAN IMPLEMENTATION
The Metropolitan Council has authority under the Metropolitan Land Planning Act (MLP A) to
review and comment on local comprehensive plans. However, it does not have the authority to
review local zoning ordinances and other "official controls" which implement the local plans.
The MLP A has since its inception required the adoption of official controls that implement the
plans and that local governments not adopt official controls in conflict with the plan or that
would permit activities in conflict with metropolitan systems plans. Later, legislation was
passed that indicated that conflicting zoning would supersede the comprehensive plan. In 1995,
the law was changed once again to require that by the end of 1998 local governments shall
conform their official controls, including zoning, with their plans. Local governments have
several concerns that may require changes in the law to further clarify the relationship between
the plan and official controls.
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I
The comprehensive plan serves as a guide for the orderly development of a community, but
should not be equivalent or identical to a zoning ordinance. Plans must be specific enough
to be useful to guide local decision making, and to ensure compatibility of local decisions
with regional system plans, but must not become a substitute for a zoning ordinance.
The local ability to control the fate and future development of a community through the
statutory authority to zone has been traditionally and historically granted to local
government. Local government zoning decisions should not be conditioned upon approvals
by any other government agency. Such delegation of local legislative authority would be
.inconsistent with local self determination and due process for landowners and citizens.
The comprehensive plan of a community should be a guide for zoning decisions, but should
e not mandate such decisions where a rational basis exists for a zoning determination which
41
is inconsistent with the comprehensive plan provided it does not permit activities in conflict
with the Metropolitan Systems Plans.
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IV-E METROPOLITAN COUNCIL BUDGETIWORK PROGRAM PROCESS
The Metropolitan Council, as restructured, is essentially ~ state agency with an annual operating
budget of approximately 300 million dollars but unlike state agencies its budget is not subject to
legislative approval. Therefore its annual budget document and supporting data must convey
sufficient information so that the stakeholders can evaluate:what services are being provided, at
what cost, who pays and who benefits.
E-l BUDGET PROCESS
The Metropolitan Council will face a continuing challenge in its budget process to provide the
public with the appropriate information in a timely fashion so that the public can provide
meaningful input and oversight. The Council should keep several principles in mind as it
develops its annual budget for the restructured agency.
.
Mandated and non-discretionary projects should be identified along with their
funding sources and projects and activities which are discretionary but totally or
mostly funded by state or federal funds should also be identified. Previous year's
expenditures history for ongoing activities should also be provided.
'...
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· The annual budget should delineate the services formerly provided by the MWCC,
MTC and RTB and the expenses and revenues for those services should be clearly
identified and the linkages between expense and revenue maintained. Further, the
funds or reserve funds raised for a particular service should not be used or co-
mingled with the funds raised for any other service or activity.
E-2 WORK PROGRAM EVALUATION
The Council as a non-elected body and therefore not subject to "ballot box" accountability or
direct legislative oversight in its work program/budget development process, must take extra
caution to ascertain the effectiveness and/or necessity of current and planned programs and
services. This is particularly important for projects formerly funded by federal or state dollars
that are now funded by property taxes.
The AMM believes that every major council program/priority should meet four tests:
· The issue or problem being addressed is important to the well being of the region.
· Council intervention or activity will produce a positive result.
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.
Council effort or activity does not duplicate or serve as a substitute for a state level
program or effort or what should be a state level activity. The council should
continue to divest itself of services it provides for the metropolitan area that state
agencies provide for greater Minnesota.
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· Council is most appropriate agency to intervene or perform the activity.
IV-F METROPOLITAN PARK AND OPEN SPACE FUNDING
The Legislature established the Metropolitan Parks and Open Space System in 1974 and
provided state/regional fiscal support for the acquisition and development of the System.
However, the State and the Metropolitan area have failed to establish a permanent partnership
relative to the long term financing of the Regional Park System. Failure to clearly defme the
role of regional parks within the State Park System has led to long term instability relative to the
acquisition and development of regional parks and created significant funding concerns for
implementing agencies.
F-l OPERATION AND MAINTENANCE FUNDING
Regional parks within the Metropolitan area provide the same basic function as state parks
provide in Greater Minnesota. The State does not fully acknowledge this similarity and never
provided an equitable amount of funding for the operation and maintenance of metropolitan
regional parks while covering 60 to 70 percent' of the cost of state parks in Greater Minnesota.
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The Legislature and Governor should recognize the role of metropolitan regional parks and
provide appropriate funding to implementing agencies to assist them in the operation and
maintenance of the regional parks and open space system. The state of Minnesota should
provide 40 percent of the funding to operate and maintain these facilities instead of less
than 10 percent as has been recent practice.
F-2 BONDING FOR REGIONAL PARKS
The Legislature for the past several years has provided less than 25 percent of the fundirig
requested for acquisition and development of regional parks by the Metropolitan Council. To
allow for the orderly and planned development schedule for the regional parks and open space '
system, the Metropolitan Council is using previously granted authority and is issuing regional
bonds backed by a regional property tax to make up part of the shortage.
The metropolitan regional parks are essentially a substitute for state parks in the metro
area and should be funded accordingly. Therefore, issuing regional bonds inappropriately
shifts the burden of regional park funding from the state to metropolitan area property
taxpayers. Metro area tax payers are paying twice for state park service and this is not
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equitable. The Metropolitan Council should continue its efforts to obtain an equitable
share of state funding in future legislative funding cycles.
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IV-G WATER RESOURCE MANAGEMENT
Water is a critical resource for this metropolitan area and it is necessary to plan and manage this
resource to assure adequate supply, safeguard the public health, provide recreational
opportunities and enhance economic opportunities. Many levels of government have a vested
interest in protecting and managing water resources in an environmentally and economically
sound manner and therefore it is in the public interest to clearly delineate each level's
responsibility to prevent duplication, overlap, and conflicting requirements. This delineation is
particularly important to cities since they are the level that ultimately has the most "hands on"
responsibility .
The aspects of water resources which have received the most attention in recent years are
surface water runoff, groundwater quality, water supply and water recharge areas (wetlands).
There is an interrelationship among all of these systems and there is need for coordination in
managing them effectively. Local units of government should retain the basic responsibility for
water resources management because they are the level closest to the problems but may need to
look to the state and the Metropolitan Council for financial assistance and technical expertise
necessary to implement this responsibility.
G-l WATER SUPPLY
;.;
The AMM is in general agreement with the Water Supply Act passed in the 1993 legislative
session. The thrust of this legislation is to promote water conservation, require contingency
plans for water emergencies and to promote long range planning for local water supplies.
There is no need for additional legislation pertaining to local water supply planning at this
point in time but if legislation is proposed, it should be based on the following principles:
· Local units should retain the basic responsibility for water supply planning as in
current law.
· Additional mandates should be funded by the state.
· Potable water should not be a Regional system. (See policy D-l)
G-2 SURFACE AND GROUNDWATER WATER MANAGEMENT
No one has the right to pollute either ground or surface water resources and in order to
safeguard the public health and environment, it is necessary to preserve our water resources as
critical state resources. Most water management organizations (WMO) and local units of
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government have done a good job of dealing with surface and groundwater management issues
and have the ability to continue to do so in a cost effective manner. These existing structures
should continue to be used to the greatest extent possible to address surface and groundwater
management problems rather than create a new bureaucracy.
There is no need for new urban water management structure but, it is clear that the current
system which contains duplicate reviews and approvals of local plans and development
projects/proposals should be streamlined.
If legislation is considered for surface water management, it should be based on the
following principles:
· The legislature should provide full funding if it mandates additional water
management planning or implementing activities by local units of government.
· Local units of government should retain the basic responsibility for surface and
groundwater management as ther are the level closest to the problem.
.
New state requirements should not add to local costs and duplicate
reviews/approvals should be reduced or eliminated.
The AMM would support the following initiatives/action:
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· A thorough assessment of the Board of Water and Soil Resources (BWSR) structure
and authorities to ascertain if it should continue to be the approval and oversight
agency for surface water management planning and activities in the metropolitan area.
· A thorough assessment of the metropolitan area surface water management
planning and permitting process with the objective of developing improvements in
conflict resolution, better coordination between and among state and local agencies,
and streamlining the project permit approvals process.
· Compliance by local units of government in outstate Minnesota with the same
standards and requirements for surface water management as those imposed on
local units within the metropolitan area.
· A technical evaluation of the impact of 2 to 1 wetland replacement in the urbanized
area on the goal of greater urban densities stated in the Metropolitan Council's
Regional Blueprint.
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G-3 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM
The metropolitan wastewater treatment and collection system, which was created in 1969, has
contributed significantly to the improvement of water quality in many of the major water
resources of this ar~a. As a result of a major study and analysis in the mid 1980's a uniform
funding system was established. A new assessment and study of the cost allocation system was
completed in early 1996 which affirmed the conclusions of the earlier study but made several
recommendations concerning the timing and collection of regional sewer charges.
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The metropolitan wastewater collection and treatment system has been a major component
of an integrated local-regional system which has helped improve the quality of the water in
many of the major water resources of this area such as Lake Minnetonka, the Minnesota,
Mississippi and St. Croix Rivers, White Bear Lake, etc. It is important that change not be
made to this regional system that could lead to its breakup or to diminish its effectiveness.
Since all 'users' benefit equally throughout the system the regional rates should be uniform
throughout the system and a sub-regional system of allocating the regional system costs
should not be reinstituted. The AMM encourages the adoption of the Sewer Rate Task
Force recommendations, without additional legislative initiative added on ~o legislation
needed to implement those recommendations.
. .::....
IV-H WASTE STREAM MANAGEMENT
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In the mid to late 1980's the problem of managing the waste stream (for all types of waste) was
a major concern at the local, regional, and state level. This resulted in major legislative
initiatives, numerous "master plans," and ideas on the subject which were constantly changing.
At the present the overall system is more settled with cities being responsible for collec~on and
counties being responsible for disposal. The Metro Council role has been transferred to the
State or defacto assumed by the seven-county joint powers arrangement. Legislative initiatives
are more in the line of fine-tuning with the major issue being liability within the polluted land
arena.
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AMM endorses the concept that the "generators" of waste must bear the responsibility for
funding its disposal. "Generator" includes the manufactures of products which become
waste, the sellers of products which become waste and the consumer of products which
become waste. Materials which cause special problems in the waste stream should bear the
costs (through the cost of purchasing the materials) associated with the problems.
Legislation should be initiated which provide financial incentives to manufacturers,
retailers or consumers for reducing packaging volume, using recycled materials in its
fabrication, or ,particularly in the case of food and beverage containers, facilitating its
return. Fees, taxes, or deposits on packaging materials should be considered with these
costs waived when content goals are met, volumes are minimized, or effective materials
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return systems are in place. The net revenue generated from fees/taxes above
administrative costs should be used to promote or enhance local programs to reduce, reuse,
recycle packaging materials.
AMM strongly supports the activities of the Office of environmental Assistance (replaced
the former Office of Waste Management and assumed Metro Council duties), in particular
its efforts in local government assistance and waste reduction education. This office should
not become involved in regulatory activities but continue to focus on helping local
governments manage waste effectively.
AMM opposes any legislation which would limit local initiatives in waste stream
management unless an overall state or metropolitan wide system is established which
accomplishes the same goal or objective.
The responsibilities now assigned to cities for solid waste management should remain with
the cities. The AMM believes that the system ought to be flexible and based on
performance standards and/or goals rather than mandated techniques.
AMM believes that any funding system must guarantee distribution of the monies to all
entities involved in the system and recognize all costs associated with the system. This
means a significant portion of the funds raised through the sales tax should be distributed
to cities which operate recycling programs. AMM also believes that the entire proceeds of
the tax on solid waste should be dedicated to solid waste activities.
'...
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AMM believes that host communities should not bear a financial liability associated with
solid waste facilities. Costs incurred for monitoring operations and corrective action
should be borne by facility ~perators or, in the absence of such regulations, be assumed by
the State of Minnesota.
The AMM supports the current compensation level allowed through surcharge fees as a
minimum level; this compensation should be continued or increased. This form of
compensation should be available to all types of solid waste facilities.
AMM supports state and federal legislation that clarifies that municipal solid waste is not a
hazardous substance and enables local governments involved in cleanups to have the
opportunity to settle their potential liability quickly and safely.
IV-I LOCAL GOVERNANCE EXAMINATION
The basic system of local governance in Minnesota (cities, counties, and school districts
augmented by special service districts) has been in place since at least the turn of the century.
The only major change or innovation has been the creation of the metropolitan governance
e system for the Twin Cities area in the late 1960s and early 1970s. While the system has by and
47
large worked well there are an increasing number of events and issues which raise the question
of how best should local governance be handled as the State enters the new century~ These
include at least the following:
.
tit
1. The incremental growth of responsibilities by the Metropolitan Council and the
metropolitan governance system--the most recent being the creation of the
Metropolitan Radio Board--and the questions surrounding the exercise of such
powers by an appointed body.
2. The continued devolution of responsibilities by the federal and state governments
onto local government. In addition to funding questions this process raises
numerous questions as to who should be assigned the responsibilities.
3. The Growth Options process being undertaken by the Metropolitan council--the
process could lead to recommendations on financing of various services and some
shifting in basic land use responsibilities.
4. The process of financing local government (especially for cities and schools).
5.
The increasing role of counties in the provision of "area-wide" services.
. ,-
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Over a longer period of time the relentless consolidation process for school
districts and the recognition that schools are now often being asked to provide
services which go beyond what is thought of as traditional education.
.
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The cumulative result is a system which often is not understood by the public, may have aspects
which are not accountable and in a time of scarce public resources may not be as efficient as is
desired.
A task force should be established by the Legislature to examine the question of local
government roles and responsibilities especially in the metropolitan area. The task force
should have a majority representation from current local elected bodies, that is cities,
counties and school districts but should also contain representation from the Metropolitan
Council, the State (legislature and governor) and other interested bodies. The task force
should be charged with making recommendations on what services and powers should be
exercised at all levels of government. The study and recommendations should not be
limited to asuming the current governance structure but should be free to explore different
forms of governance if appropriate. The goal of the recommendations should be a
governance system which is efficient in the delivery of services and is accountable and
understandable to the electorate. The task force should be directed to complete its work by
July of 1998 so that its recommendations can become a part of the public debate during the
legislative and gubernatorial elections of 1998.
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Transportation
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49
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TRANSPORTATION
AMM TRANSPORTATION POLICY STATEMENT
Within the last two decades, the number of miles driven per day has doubled. Traffic
congestion is expected to increase by 35 percent by the year 2000, creating nearly 200 miles of
severely congested highways. Ridership by bus, car and van pool, continues to decline and the
regional transit system continues to be inadequately funded. There is a growing awareness that
the true cost of driving an automobile, when factoring in energy use, pollution, productivity
loss due to congestion, and the resulting cost of motor vehicle accidents, are born by the
general public at large not solely the driving public. A major part of peak hour traffic is
workers commuting to or from work. Achieving a balance between workers and jobs in a
geographic area can reduce the volume of intra area commuting and balance the directional use
of the interconnecting roads. Economic stratification and an aging population is creating a
larger pool of transit dependent individuals. Our current transit system is not capable of
providing adequate transit services in the entire metropolitan area. Local governmental units
are facing funding shortfalls which prevent them from adequately maintaining the current
transportation network.
AMM calls upon the legislature, MNDOT and the Metropolitan Council to develop a more
comprehensive transportation program that more closely integrates all modes of
transportation. This coordinated approach at the minimum must be designed to increase
accessibility, improve air quality, and serve the transit dependent and handicapped. The
AMM supports a comprehensive transportation policy that;
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· Incorporates traffic management into local and regional zoning and planning actions;
· Encourages traffic management plans by all employers;
· Creates a series of incentives aimed at increasing vehicle occupancy levels;
· Discourages the use of development incentives for any project of significant size that
does not contain a comprehensive traffic management plan;
· Studies the concept of jobs to workers balance in the metropolitan area; and
· Establishes an adequate dedicated funding source for transit. '
In addition, local units of government must be provided with adequate funding or the authority
to maintain their current investments in the local transportation infrastructure. It is imperative
that as we prepare to move into the next century, our transportation network become
multi-modal, offer flexibility, invest significantly in transit, and be designed to manage traffic.
The following recommended legislative proposals are designed to meet this overall goal.
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V-A TRANSPORTATION FUNDING
An efficient transportation system is a vital element in planning for physical, econQrnic, and
social development at the state, regional, and local levels. Funding for current roadway
maintenance, reconstruction, and construction of new streets, bridges, and highways is a
significant major element of a competitive and safe transportation system.
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Also, because of the large economically diverse population of the Twin City Metropolitan
Area, it is an absolute necessity to provide an effective and efficient public mass transit service
augmented by a variety of programs, such as Rideshare and Project Mobility. Without a good
transit system, many elderly, persons with disabilities, and transit dependent individuals
residing in the area would be almost totally immobile.
The need for both highway and transit funding has been and continues to increase, yet the
resources dedicated or generally used for these purposes have either not kept pace or been
diverted for other state priorities. Transit needs in the Metropolitan Area have become critical
since in most cases highway expansion is physically or fmancially prohibitive. Therefore,
capacity expansion can best be solved by transit alternatives. Funding should be multi-source
with growth capability. Therefore, the AMM believes it is time to solve the problem on a
permanent basis.
-,
"
Increased funding for both highways and transit esPecially in the Metropolitan Area is a
critical need and should be given high priority by the legislature. Funding assurances for
transit and highways should be dedicated in a consistent manner.
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The AMM supports a gas tax increase including indexing to keep pace with highway
maintenance and construction needs.
As an addition to the traditional gas tax and to provide funding for both highways and
transit, the AMM would support additional tax sources including MVET, a sales tax on
gasoline at the pump allocated to transportation, or a statewide or metrowide half cent
sales tax to be used for transit. Any arrangement that would substitute an alternate tax
for the transit property tax in the Metropolitan area should continue to fund the current
optout transit systems at comparable levels. .
As part of the combined strategy, the state legislature should consider using its bonding
authority to provide transportation infrastructure.
V-B REGIONAL TRANSIT SYSTEM
The purpose of a transportation system is to provide mobility for people and accessibility to
and for economic development and services. The most effective system will make maximum
use of all transportation alternatives and strategies where they are most appropriate, thus,
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creating a truly integrated system. Exclusive reliance on freeways is imprudent and cost
prohibitive primarily due to social and economic upheaval of established neighborhoods for
right of way acquisition. Transit improvements are imperative, but even with implementation
of various load increasing strategies, the capacity is finite and will reach unacceptable
saturation limits within the foreseeable future. The AMM supports more coordination and
integration of Transit, including exclusive transit ways, and highway planning and
implementation.
The Regional Transit System should be a combination of integrated traffic management
systems and be included in all planning documents.
The system components should include HOV lanes, express buses, and exclusive transit
ways which should be built to connect residents to job, retail, and commercial centers.
The system should also include a variety of transit modes, including a taxi system, buses,
pedestrian and bicycle facilities, and park and ride facilities adequate to connect the
regional centers, major trip generators and communities, both urban and suburban.
Bus systems and exclusive transit way systems should include ample regional park and
ride facilities for automobiles, motorcycles and bicycles, with easy access, consistent with
the planning of a regional entity to accommodate the needs of the public. Feeder systems
should be a major consideration for bus park and ride and exclusive transit way stations.
Plans should be considered which use van pools and bicycles as well as walking to feed the
park and ride facilities for express buses and exclusive transit ways.
'"
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The Metropolitan Council should work with local units of government to encourage
appropriate land use controls along designated transit corridors to promote transit
ridership.
V-C TRANSPORTATION INCENTIVES/DISINCENTIVES
The AMM supports the development of a comprehensive system which will facilitate an
increase in the occupancy level of cars and enhance the use of transit within the Metropolitan
area.
AMM suggests the development and passage of legislation that includes a commuter trip
reduction program and creates a series of tax incentives and/or impact fees that
encourages multiple occupancy transit use. The state legislature is encouraged to consider
exclusion from gross income the value of commuter transportation benefits provided by
an employer and provide a tax deduction and tax credit for employers who provide
commuter transportation benefits to employees.
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V-D TRANSPORTATION UTILITY
Many cities are experiencing aging infrastructure, especially streets which are in need of
replacement but because of few funding options continue to deteriorate. Chapter 429 bonds
issued without election require a minimum of 20 percent assessment. However, the courts
require a benefit proof that the assessment has actually increased the property value by the
assessment value. For street replacement, challenged assessments often are successful in
court. A new funding mechanism similar to one that was created for stormsewers is needed.
.
--
The AMM requests the legislature to provide cities with the authority to establish a
transportation utility that cities may use for street maintenance and reconstruction similar
to the existing storm sewer utility.
V-E MSAS FUNDING FOR COMBINED CITY STREET DEPARTMENTS
The State of Minnesota developed in the late 1950s a system for distributing highway funding
to MNDOT, counties, and communities with populations over 5,000. This system has worked
reasonably effectively to construct and maintain an integrated transportation n:twork within
the state.
In recent years, the legislature has enacted statutes which call for the investigation of benefit
that would be obtained through consolidation of services and reallocation of resources.
"'\. .
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One such area that presents such an option is the consolidation of Public Works and
Maintenance departments within cities, townships, and counties. Such an opportunity for
streamlining capital expenditures and cost-effective maintenance of an integrated street system
might be best served by recognizing such consolidation through the use of the Municipal State
Aid System (MSAS). In that, if two or more governmental units consolidate their maintenance
departments, having in effect a Joint Powers Agreement which reflects a single entity for
budgeting and operations purposes, then the population of the governmental units participating
in such a Joint Powers Agreement should be considered in determining the MSAS funding
eligibility of these communities as per MS 162.09.
The AMM urges the legislature to encourage the implementation of cooperation and
consolidation of local government services such as is envisioned by MS 375. The state aid
system statutes should be amended to allow for the eligibility of combined population
within incorporated municipalities having a joint powers public works and maintenance
department and contiguous borders, to qualify for MSAS funding under the municipal
state aid street system population cutoff rule of 5,000.
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V-F HIGHWAY TURNBACKS AND FUNDING
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Various commissions, boards, and organizations, have studied the possibility of reclassifying
many roadways in the state as to appropriate use classifications and jurisdiction. This
reassignment in the metropolitan area is estimated to shift $6.1 million annually from the state
and $1.2 million annually from the counties to the cities for an increase of $7.3 million
annually for general maintenance and life cycle treatment (i.e. sea1coat, overlays, etc.).
Current state law provides that
the state and/or county may declassify a trunk highway and turn it back to a local unit of
government. The only provision is that it must be in good condition.
The AMM supports jurisdictional reassignment or turnback of roads on a phased basis
using functional classification and other appropriate criteria subject to a corresponding
mechanism for adequate funding of roadway improvements and continuing maintenance.
Cities do not currently have the financial capacity other than significant property tax
increase to absorb the additional roadway responsibilities without new funding sources.
The existing municipal turnback fund is not adequate based on contemplated turnbacks.
V-G '3C' TRANSPORTATION PLANNING PROCESS - ELECTED OFFICIALS
ROLE
Federal law and rules have long required that the Metropolitan Planning Organization (MPO)
responsible for comprehensive transportation planning commonly referred to as the '3C'
process (continuous, comprehensive, and cooperative) be composed at least partly of local
elected officials. This process and requirement was reinforced by the federal ISTEA act of
1991. In this metro area the Metropolitan Council (MC) has been designated the MPO with a
provision that there be a Transportation Advisory Board (TAB), which contains 17 local
elected officials, to implement the '3C' planning process.
~;
The AMM supports the continuation of current local elected officials involvement in the
'3C' process through the Transportation Advisory Board to meet requirements of the
Federal Intermodal Surface Transportation Act of 1991.
V-H RAILROAD RIGHT-OF-WAY PRESERVATION
Minnesota has lost over half its rail system as national carriers have abandoned lines.
Abandoned rails represent a significant opportunity for future use for trails, natural resource
access, light rail, highways or pipeline corridors.
The AMM urges the legislature and state administrative departments to continue
programs that ensure abandoned railroad grades be expediently preserved until such time
that the future public use can be determined.
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V-I CITY SPEED LIMIT CONTROL,
Granting local authority to set speed limits on streets could be extremely dangerous and
confusing in the metropolitan area of 140 contiguous cities and 42 townships. It is often
impossible to determine when one has crossed a boundary from one city to the next. Differing
speed limits between cities would be costly, confusing to individuals, and might cause legal
problems in case of accidents. The real problem is enforcement of speed limits and getting
agreement from the court system to impose fines. Technology is available for photo electric
enforcement but the law requires tags to be issued to individuals rather than licensed vehicles
except in cases of school bus stop violations.
~
-
The AMM supports uniform speed limit control of city roads and streets as currently
provided by law and opposes changes allowing differential speed in contiguous cities.
Cities should be given authority to use photo electric speed control devices and the
statutes changed to allow tags issued to automobile owners. The court system should
honor local speeding authority control where speed problems exist.
V-J MSA SCREENING COMMITTEE
The Metropolitan Highway Districts 5 and 9 were combined in 1989-90 to form one
Metropolitan Highway District within the MNDOT structure. By law the MSA screening
committee consists of one member from each Highway District and fIrst class city.
Technically, the combining of Districts 5 and 9, reduces the membership by one from the
metropolitan area. This was not intended by MNDOT.
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The AMM requests that the statutes be modified to preserve two seats on the MSA
screening committee from the metropolitan highway district.
V-K AIRPORT NOISE MITIGATION
In 1995, the Minnesota Legislature concluded the Dual Track Airport Planning Process by
selecting the expansion alternative to meet the state's major airport needs. The means of
mitigating airport and aircraft noise impacts were not addressed in the legislation. Instead, the
Metropolitan Airports Commission was charged with developing a mitigation package for
legislative consideration in 1997. The decision to keep the airport at its current location for
the benefit of the state and Metropolitan area does create an obligation to ensure that every
effort is exerted to resolve and mitigate noise issues within the affected communities.
Noise mitigation programs need to be enhanced to beyond the current 60 DNL contours and
for newly impacted areas due to runway expansion/addition. Individual communities will
continue to have an obligation to plan development and redevelopment in a manner compatible
with airport operations, however, costs associated with noise mitigation should be borne by the
airport (MAC) and the state since the airport is considered a statewide facility.
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56
.
-
Enhanced mitigation programs should be provided through state and MAC funds for
areas impacted by new airport expansion, and areas beyond the current 60 DNL contour
lines. A program of reduced subsidy should be initiated for several miles beyond the
current contour cutoffs based on distance and noise level.
.'
o
In addition to the traditional acquisition and sound insulation techniques, the Airport
Area Community Protection Concept Package developed by affected cities, Metro
Council, and MAC should be adopted. This package includes tools such as property
value guarantees, preferential tax programs, housing revitalization, expansion of tax
increment financing authority and eligibility criteria and community development banks.
Airport associated commercial development should be encouraged within the affected
communities. Private use facilities on airport property, including leased facilities, should
be required to make payments in lieu of property taxes and fiscal disparities
contributions, such funds to be dedicated to mitigation activities.
Noise monitoring systems should be enhanced and operated independently to ensure noise
. abatement procedures compliance. Fines from violations should be returned to the
affected communities to implement mitigation activities which are consistant with an
overall noise mitigation plan.
Landing fees, gate leases, facility leases, passenger charges, etc. should be evaluated as to
national comparability and any incremental increase dedicated to the affected
communities to implement mitigation activities which are consistant with an overall noise
mitigation plan.
'...
~.~
V-L ROAD ACCESS CHARGE
Growing communities are finding it increasingly difficult to finance construction of facilities
needed for new residential, commercial, and industrial development. Assessment to
developing property for sewers and streets directly benefiting that property is a long standing
legal option and is the most prevalent method used. However, there are often major streets
that need to be constructed leading to new developments. Under current law only the abutting
benefited property can be assessed and then only to the degree of benefit which in most cases
is not nearly enough to pay for an upgraded roadway that services a larger population. The
legislature has recognized similar situations and authorized charges to provide facilities not
directly abutting the affected property. The most common comparison is park dedication fees
on a per unit or area basis.
In order to fairly provide for major street improvements of primary benefit to a
particular subdivision development but not directly assessable, the legislature should
authorize cities to establish at their option a road access charge to be levied on an area or
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57
per lot basis at the time that subdivisions are approved or at the time building permits are
issued similar to park dedication fees.
..
e
V-M METRO MOBILITY
The Metro Mobility program is a valuable tool for providing mobility to the transit dependent
who are physically impaired. In 1994 the program served 25,000 individuals with 4400 rides
per weekday at a public subsidy cost of $15 million. This subsidy cost has risen dramatically
in the last several years. Examination of rider characteristics shows that 69 % of the
individuals served are ambulatory as opposed to being in a wheelchair.
AMM supports efforts which would better integrate services for the mobility impaired
into the regular route system of MCTO; .
AMM supports prioritization of the program with an emphasis on work-related and
essential trips;
AMM supports investigating alternative delivery methods especially for the ambulatory
participants in the program.
"'" .
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58
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59
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. Dousing and Economic Development Committee
e
Charlotte Shover (Chair) Councilmember Burnsville
-
,-
Beverly Aplikowski Councilmember Arden Hills
Chuck Armstrong IGR Director S1. Paul
Kirstin Barsness Dir. of Econ. Development Cottage Grove
Janis Callison Councilmember Minnetonka
Dan Donahue Manager New Hope
Michael Ericson Administrator Watertown
Walt Fehst Manager Columbia Heights
John Goedeke Councilmember Roseville
Regina Harris HRA Director Bloomington
Andrea Hart Kajer IGR Director Minneapolis
Coral Houle Mayor Bloomington
Gordon Hughes Ass1. Manager Edina
James Hurm Admr.-Clerk Shorewood
Marvin Johnson Mayor Independence
Dwight Johnson Manager Plymouth '.
- ,
Jim Niland Councilmember Minneapolis '\.,. .
Ron Rankin Community Dev. Director Minnetonka ". c
',<
Mike Robertson Administrator Oak Park Heights ~.."
Char Samuelson Councilmember New Brighton
Mark Sather Manager White Bear Lake
Katy Sears Lindblad Project Manager S1. Paul
Mark Senn Councilmember Chanhassen
Blair Tremere Assistant City Manager Prior Lake
Craig Waldron Administrator Oakdale
Daniel Wall Mayor Roseville
Julie Whalen Councilmember Champlin
'.
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61
""
Metropolitan Agencies Committee
Terry Schneider (Chair)
Bill Barnhart
Kevin Batchelder
David Childs
Vicky Cox
Craig Dawson
Sharon Feess
Kevin Frazell
Matt Fulton
John Giovannini
Thomas Goodwin
Mary Helen Guzek
William Hargis
Anne Hurlburt
JoEllen Hurr
Larry Lee
Tom Link
Paul Malone
Charlie Meyer
Steve North
Steve O'Malley
Joy Robb
Joan Russell
Don Rye
Beverly Schultz
James Smith
Eric Thole
Kathy Thurber
Sherry Timmermann
Blair Tremere
Kurt Ulrich
John Weaver
Roger Williams
Burl Zorn
Councilmember
Govt. Relations Rep. ,
Administrator
Manager
Councilmember
Assistant City Manager
Councilmember
Administrator
Manager
Cable Commission
Councilmember
IGR Assistant
Mayor "
Dir. of Community Dev.
Councilmember
Dir. of Community Dev.
Dir. Dev. and Proto SerVo
Councilmember ,
Manager
Assistant City Manager
Deputy City Manager
Mayor
Councilmember
Planning Director
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
Assistant City Manager
Administrator
Councilmember
Councilmember
Councilmember
62
.
.
Minnetonka
.
e
Minneapolis
Mendota Heights
Minnetonka
White Bear Lake
Maplewood
Brooklyn Park
Cottage Grove
New Brighton
Newport
Apple Valley
St. Paul
Woodbury
Plymouth
Orono
Bloomington
Inver Grove Heights
Arden Hills
St. Louis Park
Roseville
Burnsville
Robbinsdale
Golden Valley
Prior Lake
Bayport
Independence
Stillwater
Minneapolis
Oakdale
Prior Lake
Champlin
Anoka
New Brighton
Shakopee
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.
-
.. Revenue Committee
e
Susan Hoyt (Chair) Administrator Falcon Heights
Karen Anderson Mayor Minnetonka
Leslie Anderson Director of Finance Burnsville
Chuck Armstrong IGR Director S1. Paul
Steve Bjork CoordinatorlPlanner S1. Francis
Frank Boyles Manager Prior Lake
William Burns Manager Fridley
Edward Burrell Treasurer & Finance Dir. Roseville
Thomas Burt Administrator Rosemount
Dave Callister Clerk-Administrator Osseo
Joan Campbell Councilmember Minneapolis
Tom Cran Budget Analyst S1. Paul
Steve Devich Assistant Manager Richfield
Nicholas Duff Mayor Woodland
Terry Dussault Assistant to Manager Blaine
John Gretz Administrator Apple Valley
Terry Heaton Deputy Dir. of Admin. Bloomington
Barbara Jeanetta Assistant to City Manager New Brighton -
Jeff Karlson Assistant to City Manager Coon Rapids ',<
~-;
James Keinath Administrator Circle Pines
Jim Knutson Finance Director Anoka
Dennis Kraft Manager Robbinsdale
Bob Larson Administrator Deephaven
Ann Lenczewski Councilmember Bloomington
Dennis Maetzold Councilmember Edina
Barb Mastel Councilmember Roseville
Michael McGuire Manager Maplewood
Glenn McKee Councilmember Burnsville
Steve Mielke Manager Hopkins
Mike Mornson Manager S1. Anthony
Pat O'Hara Councilmember Oakdale
Terrance Post Treasurer Arden Hills
Douglas Reeder Administrator South S1. Paul
James Smith Councilmember Independence
i- Russ Susag Councilmember Richfield
Al Thomas Councilmember Minnetonka
I J Joy Tierney Mayor Plymouth
Kurt Ulrich Administrator Champlin
- Jeff Van Wychen Legislative Representative Minneapolis
John Wallin__.. Treasurer & Finance Dir. Edina
. John Weaver Councilmember Anoka
. Jim Willis Administrator Inver Grove Heights
.J Liz Witt Administrative Ass1. Eagan
63
f'
Transportation and General Government Committee
Pat Scott (Chair)
Dick Allendorf
Eugene Anderson
Bill Barnhart
Geralyn Barone
Kevin Batchelder
Lyle Berg
Cathy Busho
Charlie Crichton
Patryk Drescher
Jerry Dulgar
Dale Gustafson
Mary Helen Guzek
Fran Hoffman
Jon Hohenstein
Gary Humphrey
Charles Lenthe
Sandra Masin
Mark McNeill
Veidols Muiznieks
Gerald Otten
William Ottensmann
Mark Senn
Ceil Smith
Russ Susag
William Thompson
Joy Tierney
Jamie Verbrugge
Chuck Whiting
Roger Williams
Donn Wi ski
Councilmember
Councilmember
Councilmember
Govt. Relations Rep.
Asst. City Manager
Administrator
Engineer Traffic & Transp.
Mayor
Councilmember
Council Research
Manager
Councilmember
I GR Assistant
City Engineer, ,
Assistant to Administrator
Councilmember
Director of Public Works '
CouncilIIiember
Administrator
Councilmember
Councilmember
Director of Public Works
Councilmember , '
Assistant to City Manager
Councilmember
Mayor
Mayor
Media Assistant
Administrator
Councilmember
Councilmember
64
Minneapolis
-
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Minrietonka
St. Paul Park
Minneapolis
Minnetonka
Mendota Heights
Bloomington
RosemouIit
Burnsville
St. Paul
Crystal
Brooklyn Park
Sf. Paul
Edina
Eagan
Apple Valley
Blaine
Eagan
Shakopee
St. J>aul Park
New Hope
Coon Rapids
Chanhassen
Edina
Richfield
Coon Rapids
Plymouth
Richfield
Mounds View
New Brighton
Roseville
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Diane Deblon, Finance Director
DATE:
October 29, 1996
SUBJECT :
Bond Re-financing for the Cottages
After checking with Jim Heltzer, the Washington County HRA will do the re-
financing for the following fees and costs:
1. 1/2 of 1% origination fee, and
2. Payment of HR~ attorney fees, and
3. Payment of HRA financial consultant fees.
These are reasonable and expected costs with this project and "if" the City
were to do the refinancing, our fees would likely be:
1. 1/2 of 1% origination fee, and
2. Payment of City attorney "Dorsey and Whitney" only, and
3. Payment of City finanGial consultant "Springsted" only, and
4. 1/4 of 1% fee each and every year for as long as the bonds are
outstanding.
If Mr. Teasdale has selected other consultants, those are in addition to and
at his own expense.
RECOMMENDATION
I have discussed this with Ron Langness and in his opInIon we should not get
involved in this type of bond re-financing and we should keep the City's
bonding capacity for high priority projects.
With the more favorable terms offered from the HRA, it would seem prudent to
pursue the re-financing with the HRA. It is my opinion that City should be
discouraged from entering into this type of bond re-financing.
'I
.,. ..,..'
RYDER STUDENT TRANSPORTATION SVCS
SUMMARY OF ISSUES RE:
Conditional Use Permit Request
Kem Center - First Addition
Lots 3 & "
,\
Ryder Student Transportation is the provider of school transportation services for the Stillwater
School District and the community. We are interested in a school transportation facility on the
Kern Center - First Addition property because we feel it is ideally suited for such an application,
Because our business is a necessary service to the community and funded by the people of the
community, it is very important to all the people of the community to have such a well suited site,
Some of the pluses to this site include:
Central Location in the District,
Proximity to the High School,
Zoning of the property,
Good use of properly under power line, and
Traffic light control at Hgwy. 5 and 58th Sf.
to name but a few.
In this sununary, we have briefly addressed some of the issues surrounding the granting of this
conditional use permit:
Employees
Facility
Traffic Flow
Maintenance
Air and Noise Pollution
Environmental Policy & Control
These issues have all been addressed in a more detailed report to members of the Baytown Board,
the Planning Commission, and Dennis O'Donnell, zoning administrator.
EMPLOYEES
Ryder Student Transportation Services employees more than 120 people from Baytown
Township and surrounding areas. Our employees are primarily school bus drivers who are
higWy skilled, professional people, and who play an integral and important role in the
community. One thing that can be said about our employees, they are committed to
SAFETY being a lifestyle. As a lifestyle, safety is incorporated into every aspect of their
lives, whether on the road as a professional driver or driving in the community as a private
citizen, whether at work or at home. With this kind offocus on safety, you will find them
to be sensitive to the health and welfare of people and the surroundings, which makes
them a very positive force in the community. It is that kind of a job and that kind of an
industry.
We have included in this document information regarding some of the training our
employees go through in order to do their job effectively. Hopefully, it reflects some of
the professionalism, standards, and commitment of our employees to the community.
FACILITY/SITE PROPOSAL
See architectural drawing/proposal enclosed.
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TRAFFIC FLOW
The greatest number of buses to come and go on this proposed site is the 85 route buses
scheduled for the Stillwater Area School District on regular school days. On a normal day
of operation, the first school bus leaves the site at 5:45am. Bus continue to depart for
their morning school runs through 7: 15am. The heaviest times of departure are between
6:00am and 6:30am. The buses begin returning from the morning assignments at 8:20am
and continue until approximately 9:45am.
Currently, 30 of these buses (35%) do not return during the midday because of regular
assignments that keep them on the road. In addition, some of the drivers have been
authorized to "park out" at their place of residence between routes. This means that a
significant number of the 85 buses that leave the site in the morning do not return until
after their afternoon (PM) assignment.
In the afternoon, those vehicles that return to the site between AM and PM routes begin
to leave the facility at I :30pm and continue departures through 2: 15pm. Upon
completing afternoon route assignments, buses begin returning to the site at 3:45pm and
continue through 5:00pm.
The size of our buses vary depending on capacity. When the vehicles are waiting on 58th
street at the traffic light on Highway 5, a minimum of 10 full size buses can be lined up
without impeding traffic in any way. At no time do we have 10 or more buses scheduled
to depart the yard at the same time. Noting that the semaphore at Highway 5 and 58th
street changes with the traffic pattern at the light, we estimate that a minimum of 60 buses
could pass through that intersection within a half hour period without impeding any of the
other local traffic. This is ~ than enough capacity to handle the volume in our
proposal.
The Stillwater Area School District encompasses neighborhoods north to and including
Withrow and Marine on the S1. Croix, and south to and including Afton and Woodbury,
Because of the vast size of the District and the school locations, routes are designed to
begin at the perimeters of the District and flow toward the schools. In the afternoon, this
pattern is reversed, dropping passengers as the bus leaves the school and moves to the
perimeter, As a result, when buses leave the yard in the morning, they are dispersing the
site at many different times and in many different directions. Conversely, in the afternoon
the variety of last drop sites and times dictate that arrival times back at the bus facility are
spread over a period of time and from ail directions, This type of routing eliminates any
potential for heavy traffic congestion.
We have also included in this section a letter from the Minnesota Department of"
Transportation regarding the Ryder School Bus site plan,
MAINTENANCE
The "Shop" area in the proposal will have four (4) bays, three (3) for perfonning
maintenance and one (I) wash bay.
The maintenance being proposed for the Kern Center School Bus Facility will fall into two
categories: preventative maintenance (PM) and light maintenance.
PREVENTATIVE MAINTENANCE
*
*
*
*
oil changes
greasellube
fluid level checks
vehicle inspections (pM inspection sheets attached)
LIGHT MAINTENANCE
*
tire changing
parts replacement., ie. starters, belts, alternators, batteries,
brakes, springs, steering components, lights, etc.
electrical repair
seat/vandalism repair
*
*
*
Ryder Student Transportation Services has four (4) other maintenance facilities in the
Twin Cities area including a "mother shop" at 1102 North Snelling Ave. in St. Paul
capable of handling all major component overhauls, ie. engine, transmission, etc.
The proposed shop will include state-of-the-art equipment and operate in full compliance
with all EPA, OSHA, NHSTA, ADA requirements. The staffwill consist of highly
trained, professional Ryder Technicians supported by District and National maintenance
support staff
Bus washing will be done in the wash bay with brush, bio-degradable soap and water, and
high pressure (low water volume) rinse. Each bus will be washed twice per month on
average (during the school year) - eighteen (18) times per year. It is estimated .each wash
will require 20-25 gallons of water. The waste water from washing will be collected and
hauled away,
. '
AIR AND NOISE POLLUTION
Questions have been raised regarding the air and noise pollution a school bus operation on
the Kern Center site would create. In general, given the proximity to Highways 36 & 5,
any increase in air and/or noise pollution will be minimal. The school buses will spend
95% of their time in the community, ~ from the site, delivering students to and from
their schools,
However, it is our desire to do all we can to minimize any concerns in this regard. There
are a couple significant features about this site that address this issue in a manner unique
to this facility,
ELECTRICAL PLUG-INS
The only time there is a need for any significant idling time of school buses is in the
extreme cold of winter (-10 degrees F or colder). While there are actually a minimal
number of days in the year we experience this kind of weather, we have taken steps to
eliminate this idling time completely by'providing electrical plug-ins for 100% of the
buses. This means that the only idling time required, even on those extremely cold days,
will be the 5-10 minutes needed to do the State required school bus pre-trip inspection, or
to check the level of battery charge. Also, the time of day that this starting/idling will
occur is prior to 6:30am, a time when areas surrounding the site are virtually deserted,
This will be the only one of our seven Twin Cities metro area sites that have 100%
electrical plug-ins.
BERME
A six foot (6') berme with landscaping will border three sides of the proposed site, In
addition to the sight barrier this affords, the berme will also act as a muffler for any noise
generated by the idling buses. Again, it is worth noting that any noise generated by idling
buses in the morning is at a time when there is virtually no activity or people in the area,
In the afternoon, any noise generated will undoubtedly be lost in the overall traffic noise of
Highways 36 & 5, This, too, is the only one of our seven Twin Cities metro area sites that
has such a berme.
The Minnesota Department of Labor and Industry did an Industrial Hygiene Field
Investigation in 1994 at our Mounds View/Arden Hills, MN facility, This facility had in
excess of 1 75 units at the time of the investigation. The investigation included checking
the air quality during the peak AM bus starting time under some of the coldest of winter
conditions, Nothing unusual or excessive was discovered in the investigation (copy of the
investigation report is attached),
. '
aSH!
Report #
06498
003-94
MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY
443 Lafayette Road. Saint Paul. Minnesota 55155
(612) 296-2116 Occupational Safety and Health Division
Report of an Industrial Hygiene Field Investigation
Ryder Student Transportation
1901 V. County Road F
Arden Hills, MN 55110
February 24, March 2, & June 15, 1994
I. Introduction
An industrial hygiene investigation was made to determine compliance with the
Minnesota Occupational Safety and Health Regulations, and emphasis was placed on
determining employee exposure to recognized health hazards. The field visit was
initiated because a complaint vas received.
This report contains employee exposure monitoring results and/or employee exposure
assessments and under 1910.20 must be shared with employees upon their request to
see it.
II. Applicable Standards
A. Adopted Minnesota OSHA Standards
1910.1000(a) Table Z-l-A STEL for nitrogen dioxide -- 1 ppm
1910.1000(a) Table Z-l-A 8-hour TVA for Carbon Monoxide 35 ppm; Ceiling (5
minute) -- ZOO ppm
Mi~nesota Rules 5205.0116 -- Carbon Monoxide Monitoring
Minnesota Rules 5206. -- Employee Right-To-Know Standards
B. Other Standards or Available Guidelines
Carbon Monoxide _ 1992 ACGIH TLV 8-hour TVA -- 25 ppm
23: 6:19 = 6
2r:
Zr
2lr
19:
1S:
lr
.i.~
1~
14i
is;
12-'
::....l
11 j
101
9'
r
~
~ '
S:' ~i
~ (\~ ,~\
3. I' j:"U1t \
2~ i\ /\ j, I ,- \ ;
-,-, n-- J 1--, - \ ..:
1', \ f',! ... f: \,. \ i , i'
_._._.._.,_.._.....__....._......_........._..___w...._.._....._............................................................-......-................
o i \ i V \.", I '
-1 ;
-fi
-fi
-~
-~ "
-~
. , I I if' , I . I I I I , t . , i I I . I I I i I I I , I I . . . I' I I ; I I I I I I . . I I I . i , Ifill I . I I . I II . I I I i I I'! I I I I I I I I I ~ I I . I I I . I I " I I I I
5:40
5:50
6:00
6:10
6:20
6:30
6:40
6:50
7:00
7:10
Rya~r Stuaent Tr~ns~or~ation Arden Ki:~!
Comment ~orning ~u::-QU~ of JU5e~
D~tE = 3/2/94 Star~ Time = 5:35
Ga: = CO m~x 7WA = 3~ ~pm
Se~": .=..:
~I _ _ co-.
.~u.- _.16_
,..---.
~:~-
= .::::: ~: ;,G ::00
::,pm
.. . -..,
~c ~Ll",':' 111/1"'1 =
!. ~plTl
j:.E;..i....
iJ7 6 ppm
~.. w : (:, C.") ~t ~ m
o.:,:urec
6:: 9
Overt"C\n'~E
cic
no"" oc~ur ~
Ov:-~-!'"'anqe wit.:
Table Z
Air Sampling for Ni~rogen Dioxide in Bus Parking Area
. .-....... ..
-~ ,',",'"Sal!Pte"
No. ""Period
2
0543-0706
3
0530-0716
4
0549-0550
5
0614-0615
6
0623-0624
7
0629-0630
:, ..",.:'",
"", ....'",':>:,':"",
, ,':',':"',..'.. ,'Ellployee" ",
"B~Z.sa-.Jled "
General Air at
fixed Location in
center of bus
parking area
General Air from
several tours of
bus parking area
General Air at
fixea location in
center of bus
parking area
General Air near
exnaust pipe of a
running bus
General Air at
ellSt enc of bus
paricing area
General Air near
freeway side of
bus carking area
*N.D. - none de~ec~ed
Table 3
0609-0610
, ", .. "
'" " ,>Ai..,~~~r~ticin/,i~~\},\?ir:
:{,: ",: .."Ntt'r~.:Di~d;::::::\:;:':':', ..
~ """"",,2\::::::;::::,:,:,,:,:,::.,
, ',.
",'
" ,
',',',',' ,"',
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspections.
0.051
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspections.
0.037
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspect10ns.
N.D.
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspections.
N.D.
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspections.
N.D.
Morning pull-out. bus drivers are
warming engines and performing
vehicle inspections.
N.D.
Ventilation Measurements
'F~=~~"".."'::::':"~~:!;~;:':'::':: ,,::::.::..:::~:1S:::i:l:::::i.'
, , (fPlt) , " <,: ':,: '(511 >>f.th::,;::: \':::'::::'}:(~fil)/ ',:,:,":
GeneraL Air near center of bus parking area. wind I
speed
*N/A
no~ applicable
35-40
N/A
N/A
3
ENVIRONMENTAL POLICY & CONTROL
The following pages contain general information regarding Ryder's Environmental Policy
and Control and responsibilities for same. The complete and detailed policy is contained
in the company's ENVIRONMENTAL POLICY & CONTROL MANUAL.
RYDER
ENVIRONMENTAL POLICY & CONTROL
Section:
GENERAL
Name: Environmental Policy
And Responsibilities
Date: January 17, 1992 Procedure No. 1.3 - Page 1
PURPOSE To present Ryder's environmental protection policy; to describe the
primary responsibilities of the Environmental Coordinators; to present
those positions responsible for serving as Environmental Coordinators
in their respective facilities; to present other personnel responsible for
the ongoing success of Ryder's environmental practices.
POLICY Ryder shall conduct its oDerations. worldwide, in compliance with all
relevant environmental, health, and safety protection laws and
regulations of the community, state, and country in which it operates
and in a manner which supports the protection and preservation of
human health and the environment.
GENERAL Every employee is expectea to aahere to this policy in letter and spirit.
Managers have a special responsibility to keep informed about health,
safety, and environmental risks and standards and to advise
management promptly of any adverse situation which comes to their
attention. .
The guidelines in Exhibit A should be used as a checklist for evaluating
the facility and as a quick reference when compliance is in question.
Procedures throughout this manual provide details for the items in the
checklist.
ENVI RONMENT AL
COORDINA TOR
The Environmental Coordinator has total responsibility within his or her
designated area for implementing and monitoring Ryder's environ-
mental policies and procedures. An overview of these responsibilities
includes, but is not necessarily limited to:
- employee and community right-to-know,
- employee training (introductory and ongoing),
facility(ies) compliance with Federal, state, and local environ-
mental regulations,
- communications to all facilities regarding management practices
and policy changes, and
. environmental incident notification and reporting.
Rvder Truck Rental. Inc. (RTR)
The District Maintenance Manager serves as the Environmental
Coordinator for all RTR facilities within the District. This includes
branch (service) locations, captive shops, service centers, and rebuild
centers. Where the District Maintenance Manager position does not
exist, the responsibilities of Environmental Coordinator are assigned to
the District Manager."
"
Section: GENERAL
Date: January 17, 1992
RYDER
ENVIRONMENTAL POUCY It CONTROL
Name: Environmental Policy
And Responsibilities
Procedure No. 1.3 . Page 2
ENVIRONMENTAL
COORDINATOR
(cont'd)
EMERGENCY
COORDI NA TORS
ENVIRONMENTAL
SERVICES STAFF
Rvder Distribution Resources. Inc. CRDR}
The Regional Distribution Managers serve as the Environmental
Coordinators for their RDR facilities with the following exceptions:
Saturn - Spring Hill, TN.
Toyota - Georgetown, KY.
Chrysler - Detroit, MI.
Farrington Warehouse - Alexandria, VA.
At these locations the General Manager assumes the responsibilities of
Environmental Coordinator.
Rvder Student TransDortation Services. Inc. CRSTS}
The Sr. Operations Manager is designated as the Environmental
C:oordinator responsible for all RSTS locations within his respective area.
ATE ManaQe'ment And Service Comoanv. Inc. /
Manaaed Loaistics SYStems. Inc. CMLS)
The National Safety Manager for ATE serves as the Environmental
Coordinator for both ATE and MLS locations.
The Environmental Coordinator must designate an Emergency
Coordinator at each facility. The Emergency Coordinator is primarily
responsible for:
. being thoroughly familiar with all aspects of the facility's
emergency spill response plan,
. coordinating all emergency response measures, and
administering the facility's solid waste management program.
Environmental Services. Miami provides a number of support services
for all Ryder facilities. This staff serves as advisors, project managers,
administrators, and/or consultants regarding:
. compliance with state and Federal environmental regulations
. compliance in the handling, transporting, treating, recycling,
storing, and disposing of solid waste
. above ground and underground storage tank compliance with
federal and state regulations
. utilizing state fund programs for reimbursement on fuel cleanups
. environmentally related technical or science issues
. ongoing review of consulting contractors
. compliance audits of suppliers (of equipment & services) and Ryder
facilities
. best management practices in handling new, unique, or one-time
generation of wastes
Environmental Services shall be the primary contact when any question
arises regarding compliance with state or federal regulations, proper
emergency response, or appropriate notification/reporting procedures.
RYDER
ENVIRONMENTAL POLICY & CONTROL
.'
Section: GENERAL
Date: January 17, 1992
Name: Environmental Policy
And Responsibilities
Procedure No. 1.3 . Page 3
Exhibit A
UNDERGROUND
STORAGE
TANK SYSTEMS
(USTS)
WASTE
MANAGEMENT
BODY REPAIR
AND PAINTING
ENVIRONMENTAL COMPLIANCE GUIDEUNES
(& associated Procedure No.)
o
o
o
o
o
o
o
o
o
all underground storage tanks registered
fees paid (most states)
USTS's and pressurized lines tested
pressurized piping'retrofitted with mechanical leak detection
inventory logs clear, accurate, and current (No. 3.9)
monitoring wells tested (where appropriate) (No. 3.8)
all fill ports app:-opric:tely labeled
all monitoring wells correctly labeled (where appropriate)
(No. 3.8)
all leak detection equipment operating properly
It is imperative that any and all records (receipts. forms, notices. etc.)
are kept regarding all the equipment and activities noted in this
section.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
only Safety Kleen used for parts cleaning service (No. 4.2)
Small Quantity Generator Hazardous Waste 10# obtained (or
verified) (No.4. 1)
all used tires sent to eandag (No. 4.2)
where possible, diesel engine oil blenaed
engine coolant reused
where required. CFC"s recycled
used filters drained, bagged, and properly disposed (No. 4.2)
filters recycled (CA, only)
sumps and oil/water separator cleaned out at least quarterly
all used batteries sent back to supplier (No. 4.2)
only engine oil, brake fluid, transmission & transaxle fluids put
in used oil tank
only state approved & certified used oil service company utilized
(No. 4.2)
only an oil service company ranked as -good- selected (No. 4.2)
accumulated hazardous wastes properly labeled, clearly
indicating the accumulation start date (No. 4.1)
accumulated hazardous waste stored on a leak-proof surface in
a self-contained area (No. 4.1)
o
o
o
o
o
o
air filters used when sanding
areas properly ventilated when painting
solvent and paint properly disposed of (See Waste
Management, above.)
dirty uniforms left at work
waste paint solvent distiller properly used
list of protectIve equipment for different types of paint
available: proper usage of equipment ensured
RYDER
ENVIRONMENTAL POLICY & CONTROL
Section: GENERAL
Date: January 17, 1992
Name: Environmental Policy
And Responsibilities
{"
.
,
Procedure No. 1.3 . Page 4
Exhibit A (cont'd)
GENERAL
ENVIRONMENTAL COMPUANCE GUIDEUNES
(& associated Procedure No.)
o
o
o
o
o
o
copies of Material Safety Data Sheets for all chemicals on site
easily accessible in one organized 3-ring binder (Nos. 8.5, 8.6)
all chemicals clearly and prop!!r1y labeled
written Employee Right- To-Know Plan available; reviewed with
all employees annually (No. 8.6)
all employees properly trained in handling of chemicals
Tier II Community Right- To-Know forms filed with Local
Emergency Planning Committees (No. 8.7)
emergency contingency fact sheets posted near telephone:
names and 24-hour telephone numbers of primary and
alternate Emergency Coordinators; physical address and
business hours of the Location; local hospital, fire and police
departments, state regulatory agency(ies), local spill response
contractors; and Environmental Services - Miami
(No. 6.1)
SPCC Plan completed (for location with more than 1,200 gallons
above ground storage or 42,000 gallons below the ground)
(No. 6.4)
fully stocked Spill Control Station located at the service island
(No. 5.4)
if facility has discharge permit, discharge sampled on required
schedule and within prescribed limits
"Petroleum Release Response Procedures- video shown to all
service island and shop personnel at least once a year
all truck wash soaps used in appropriate mixtures
Proposition 65 warnings posted at service island and shop (CA,
only)
all waste accumulation drums labeled with a weather-proof
marker
o
o
o
o
o
o
o
Other Rules:
1. NEVER pour any petroleum or chemicals down any drains or
sewer grates.
2. Do not have any areas of visibly stained soil or grass on or
adjacent to location.
3. Do not discharge off-site any water containing a petroleum
sheen or smelling like petroleum.
4. Do not have large numbers of 55-gallon drums accumulated on
site.
5. Do not have uncovered drums stored outside.
, ..'
.\0
RYDER
HAZARD COMMUNICATION PROGRAM
THE KEYS TO SAFETY ARE...
- corporate commitment,
- good procedures,
- careful training, and
- assurance of accountability.
11/08/94