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Home My WebLink About2002-06-04 CC Packet .EGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-11 Council Chambers, 216 North Fourth Street June 4, 2002 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA STAFF REPORTS 1.Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. 5. 6. City Attorney City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Mary Ippel, Briggs & Morgan - Curve Crest Villa TIF Note Resolution 2. Calling for a public hearing on proposed property tax abatements for t 7:00 P.M. AGE CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of May 21,200 . utes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMEN . 1. Rebecca Otto - Candidate for House Di B 2. Summer Movies in Lowell Park - Ann .e or Joci Tilsen 3. Legislative Update - Ed Cain, Legisla tes CONSENT AGENOA* 1. Resolution 2002-12 yment of bills 2. Approval of waiver of d collection charges for application 2002-01 through 2002-02. 3. Resolution 200~m~i~~.~. nge Order 2002 Street Project-Meadowlark Park. ,4. Resolution 20 -125;;;' ing a Municipal License to the Veteran's Memorial Committee 5. Resolution 6, Approving 2002 Memorandum of Agreement for Drop Off Center Recycling Grant Distri ashington County 6. Sewer Bill 7. Appro 8. Appr Hist 'ng to address Council on subjects which are not a part of on or reply at the time of the statement or may give direction expressed. OPEN FORUM The Open Forum is a portion of the the meeting agenda. The Counci to staff regarding investigation e computer for Engineering Department orary liquor license - Christmas at the Courthouse - Washington County house - November 22, 2002 PUBLIC HEARINGS 1. This is the date and time for the public hearing on an application for new wine with strong beer liquor .. license requested by Bricco di Vino, Inc. (Leslie Alexander) for 102 S. 2nd Street. 2. Case No. SV/02-21. This is the date and time for the public hearing to consider a request from Tom Okerstrom for a street vacation of a 30-foot alley between South William Street and South Everett Street between West Olive and West Myrtle Streets to the rear of 810 Olive Street. . Notice of the hearing was published in the Stillwater Gazette on May 24, 2002 and notices mailed to affected property owners. 3. Case No. SUPNI02-26. This is the date and time for the public hearing to consider an appeal of the Planning Commissions decision on a request from Tim and Anita Kornwolf for a variance to the Bed and Breakfast Ordinance for the required distance separation (900 feet required, 555 feet requested) . from another bed and breakfast and special use permit for a bed and breakfast for the Lammers Hous located at 1306 3rd Street South in the RB, Two Family Residential District. UNFINISHED BUSINESS 1. Possible approval of Cooperative Agreement (Burlington Northern) (Resolution) 2. North HiIIlmprovements/Funding (Resolution) * All items listed under the consent agenda are conside be routine by the City Council and will be enacted by one motion. There will be no separate disc n on these items unless a Council Member or citizen so requests, in which event, the item remo ed from the consent agenda and considered . separately. ssion (Resolution) NEW BUSINESS 1. Bid Award - 2002 street seal coat project (Resolution) 2. Bid Award- McKusick Ravine Storm sewer improvements and McKusi 3. Feasibility report 2002 Sidewalk Project (Resolution) 4. Possible reappointment of Jocelyn Tilsen to the Downtown P, PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS COMMUNICA TIONS/REQUESTS COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT '. 2 ~EGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-11 Council Chambers, 216 North Fourth Street June 4, 2002 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 4:30 P.M. 7:00 P.M. OTHER BUSINESS 1. Mary lppel, Briggs & Morgan - Curve Crest Villa TIF Note Resolution 2. Calling for a public hearing on proposed property tax abatements for the Lowell Inn project STAFF REPORTS 1.Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. 5. Community Dev. Director 6. City Engineer/PWD CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of May 21, 2002 r PETITIONS, INDIVIDUALS, DELEGATIONS & C ' . 1. Rebecca Otto - Candidate for House Di 2. Summer Movies in Lowell Park - Ann 3. Legislative, Update - Ed Cain, Legislativ OPEN FORUM The Open Forum is a portion of the C the meeting agenda. The Coun to staff regarding investigation of 7. City Attorney 8. City Administrator ting to address Council on subjects which are not a part of action or reply at the time of the statement or may give direction ns expressed. CONSENT AGENDA* 1. Resolution 2002-123, directing payment of bills 2. Approval of waiver of garbage and collection charges for application 2002-01 through 2002-02. 3. Resolution 2002-124, Change Order 2002 Street Project-Meadowlark Park. (available Tuesday) 4. Resolution 2002-125, granting a Municipal License to the Veteran's Memorial Committee 5. Resolution 2002-126, Approving 2002 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington County 6. Sewer Bill Adjustments (available Tuesday) PUBLIC HEARINGS 1. This is the date and time for the public hearing on an application for new wine with strong beer liquor license requested by Bricco di Vino, Inc. (Leslie Alexander) for 102 S. 2nd Street. 2. Case No. SVl02-21. This is the date and time for the public hearing to consider a request from Tom Okerstrom for a street vacation of a 30-foot alley between South William Street and South Everett . Street between West Olive and West Myrtle Streets to the rear of 810 Olive Street. . Notice of the hearing was published in the Stillwater Gazette on May 24, 2002 and notices mailed to affected property owners. 3. Case No. SUPNI02-26. This is the date and time for the public hearing to consider an appeal of the Planning Commissions decision on a request from Tim and Anita Kornwolf for a variance to the Bed and Breakfast Ordinance for the required distance separation (900 feet required, 555 feet requested) . from another bed and breakfast and special use permit for a bed and breakfast for the Lammers Hous located at 1306 3rd Street South in the RB, Two Family Residential District. UNFINISHED BUSINESS 1. Possible approval of Cooperative Agreement (Burlington Northern) (Resolution) 2. North Hill Improvements/Funding (Resolution) NEW BUSINESS 1. Bid Award - 2002 street seal coat project (Resolution) 2. Bid Award- McKusick Ravine Storm sewer improvements and McKusick Lake Diversion (Resolution) 3. Feasibility report 2002 Sidewalk Project (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are consid enacted by one motion. There will be no separa . citizen so requests, in which event, the items separately. utine by the City Council and will be on these items unless a Council Member or from the consent agenda and considered . . 2 ;~ . . . CITY OF STILL WATER, MINNESOTA RESOLUTION NO. 2002-127 RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF TWO TAXABLE TAX INCREMENT REVENUE NOTES (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGA TE PRINCIPAL AMOUNT OF $445,000 EACH BE IT RESOLVED BY the City Council ("Council") of the City of Stillwater, Minnesota (the "City") as follows: Section 1. Authorization; Award of Sale. 1:01. Authorization. The City has heretofore authorized the establishment ofa municipal development district designated as Development District No.1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.124-469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No.9 (the "TIF District"), pursuant to Minnesota Statutes,. Sections 469.174-469.179, as amended {the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Development District. Pursuant to Minnesota Statutes, Section 469.176, the City is authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs. of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby finds and determines that it is in the best interests of the City that it issue and sell two Taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002 in the original principal amount of $445,000 each (collectively; the "Note"), for the purposeof financing certain capital and administration costs of the Development District. 1.02. Issuance, Sale, and Terms ofthe Note. The Note is issued in accordance with that certain Contract For Private Development between the City and Curve. Crest VIHa Limited Partnership, a Minnesota limited partnership (the "Developer!') dated April _, 2002 (the "Agreement"). The Developer has retained Dougherty & . Company LLC (the "Placement Agent") to arrange the sale of the Note. The City hereby authorizes issuance of the Not~ in accordance with terms set forth in this Resolution to the purchaser designated by Placement Agent, at a price of par. The Note shall be dated as of the date of delivery thereof and shall beat interest at the rate of 7% per annum to maturity. The Note shall he payable in semi-::annual installments of principal and interest in the amounts and on the dates (the "Payment bates") set forth in the form of the Note attached to this Resolution. 1394954v4 . Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in as of the date of issue: . (The remainder of this page is intentionally left blank.) . . 1394954v4 2 ~. . . . UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No.R- $445,000 CITY OF STILLW A TE:Q., MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002 Interest Rate Date of Original Issue Maturity Date 7% February 1,2029 May -' 2002 Registered Owner: The City of Stillwater, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above orits assigns (the "Registered Owner"), but solely from Available Tax Increment (defined below) the principal sum of $445,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date. of Original. Issue set forth above, to but not including, February 1, 2029, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2003 and each August r and February 1 thereafter (the "Payment Dates"). The principal amount of this Note is due on the Maturity Date as. defined below. PrincipalofJhis Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 5 of this Note. In the event Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued. interest on this Note have been paid in full; (b) the date the Note is terminatt;:d in accordance with Section 7 hereof; or (c) February 1,2029. Payments are payable by mail to the address of the Registered Owner as set. forth. in the Authorization and Registration Provisions of this Note, or such other address as. the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the, United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 1394954v4 3 ( 2. Interest. Interest at the rate stated herein'shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined . below) when this Note is tendered by the Registered Owner~ Interest shall be computed on the . basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent. to arrange remarketing of the required aggregate principal amount of the Note at par in accordance with the terms of the Remarketing Agreement, dated as of May I, 2002 (the "Remarketing Agreement"), between, the City, the Developer, and Dougherty & Company LLC (the "Remarketing Agent" and the "Tender Agent"). 3. Available Tax Increment. Payments on this Note are payable on each'Payment Date solely from one-half of the A vailableTax Increment (defined below) together with one-half of the portion of the proceeds of the Note deposited in the Debt Service Fund as capitalized interest in an amount which will be sufficient to pay interest due from the original date of issue through the February 1, 2004 Payment Date. As defined in the Contract For Private Development, dated as of April _, 2002 (the "Agreement") between the City and CurVe Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer"), the term "Available Tax increment" means, on each Payment Date, 90% of the Tax Increment derived from the Development Property (as defined in the Agreement and hereinafter referred to as "Tax Increment"), and received by the City in the six months preceding the Payment Date. In the case of an Event of Default under Section 9.1 of the Agreement, the City may suspend or terminate .its obligation to pay Available Tax Increment in accordance with Section 9.2 of the Agreement, . . which is incorporated herein by reference. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment or capitalized interest and the failure of the City to' pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the. City pays principal and interest hereon to the extent of A vailableTax Increment and capitalized interest. If on any PaYl11ent Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to. make the payment due on that date,. the. deficiency will be deferred and paid, without interest thereon, to the extent possible on any subs~quent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. . The City makes no warranty or representation that one-half of the Available Tax Increment will be sufficient to pay all or any portion of the principal orintere,st on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1,2007 and on August 1,2012, August 1,2017, August 1,2022 and August J, 2027 (collectively the "Purchase Date"). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plusaccriled interest hereon to thePuichas~ Date (the "Purchase Price"). . 1394954v4 4 ~ . The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less.thanthirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender' Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is aCtually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGISTERED OWNER OF THIS NOTE TO DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DATE, THE REGISTERED OWNER SHALL NOT BE ENTITLED TO PAYMENT OF INTEREST TO ACCRUE SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE.REGISTERED OWNER OF THIS NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the terms of the Remarketing Agreement and from A yailable Tax Increment. 5. Mandatorv Redemption of Note. This Note maturing on February 1, 2029, is subject to scheduled mandatory redemption by the City at a redemption price. equ,!l to the principal amount thereof plus accrued interest to the redemption date, on the dates .and in the . principal amounts set forth below: (The remainder of this page is intentionally left blank.) . 1394954v4 5. ~ Redemption Date Principal Amount Redemption Date : .Principal Amount . August!, 2005 February 1,2006 August 1, 2006 February 1,2007 August 1, 2007 February 1,2008 August 1, 2008 February 1,2009 August 1, 2009 February 1,2010 August 1,2010 February 1,2011 August 1,2011 February 1,2012 August 1,2012 February 1,2013 August 1,2013 February 1,2011 August 1,2014 February 1,2015 August 1,2015 February 1,2016 August 1,2016 February 1,2017 5,000 10,000 5,000 10,000 5,000 10,000 10,000 10,000 10,000 10,000 10,000 .10,000 10,000 15,000 10,000 15,000 10,000 15,000 15,000 15,000 15,000 15,000 . 15,000 15,000 August 1,2017 February 1,2018 August 1,2018 February 1, 2019 August 1,2019 February 1, 2020 August 1, 2020 . February 1, 2021. August 1, 2021 February 1,2022 August 1, 2022 February 1,2023 August '1, 2023 February 1,2024 August 1, 2024 February 1,2025 August 1, 2025 . February 1,2026 August 1, 2026 Februaryl,2027 August 1, 2027 February 1,2028 August 1, 2028 . February 1,2029*. 15,000 20,000 15,000 20,000 20,000 20,000 20,000 20,000 20,000 25,000 25,000 25,000 25,000 25,000 25,000 30,000 30,000 30,000 30,000 35,000 35,000 35,000 . 35,000 40,000 . * Maturity 6. Optional Redemption of Note. This Note shall be, subject to redemption after August 1, 2004, on any Payment Date, without prior notice, in whole or in part, at a redemption price of one hundred percent (100%) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium from the following sources: (i) A vailable Tax Increment in excess of the Available Tax Increment applied to the requiredpayinentsunder this Note on any Payment Date; and (ii) the proceeds of anyrefundingobl~gation of the City. 7. Termination. Except as otherwise provided. in Section 9.2 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon.the occurrence of an Event of Default on the. part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2.ofthe Agreement. 8. Nature of Obligation. This Note is one of an issue in the total principal amount of $890,000 issued to aid in financing certain s:apital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended; and is issued pursuant to an authorizing resolution (the "Resolution") duly . 1394954v4 6 . . . adopted by the City on May 7, 2002 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the RegisteredOwner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counselor a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt front registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) 1394954v4 7 IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of . the Date of Original Issue specified above. . Diane F . Ward, City Clerk Jay L. Kimble, Mayor AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Signature of City Clerk , Minnesota Tax J.D. No. (The remainder of this page is intentionally left blank.) . . I 394954v4 8 Section 3. Terms, Execution and Delivery. . 3.01. Denomination, Payment. The Note shall be issued as two (2) typewritten notes numbered R-I and R~2 in the amount of $445,000 each. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall he payable by check or draft issued by the Registrar described herein; provided that interest on the Note to be paid from capitalized interest shall be payable by check or draft issued by the Remarketing Agent. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. . (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of' federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. . (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and 1394954v4 9 effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. . (1) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Amendments. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution (the "Resolution") as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of . execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this Resolution, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rate on the Note, the terms of redemption of the Note, and variation from City policies regarding methods of offering tax increment notes) as the Mayor (the Mayor") and the City Clerk (the "City Clerk"), in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note by the City shall be conclusive evidence of such determination. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note certificates need not be signed by the same representative. The executed certificate of authentication on each Note shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Note has been so executed and authenticated, it shall be delivered by the City Clerk to the Owner upon . 1394954v4 10 . payment of the purchase price therefor, and the Owner shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be deposited in the Debt Service Fund in accordance with Section 4.03 hereof and applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this Resolution. . 4.02. Project Fund. There is hereby created a special fund designated as the Taxable Tax Increment Note (Curve Crest Villa Limited Partnership Project) Series 2002 Project Fund (the 'Project Fund"), to be held and administered by the City separate and apart from all other funds ofthe City. The City appropriates to the Project Fund the proceeds of the sale of the Note, except capitalized interest in the amount of $ , which is deposited in the Debt Service Fund. The funds in the Project Fund will be used to reimburse the Developer for a portion of the cost of the Site Improvements (defined in the Agreement) in accordance with the Agreement and to pay costs of issuance of the Note. $726,298 of the Note proceeds shall be transferred from the Project Fund to Commercial Partners Title LLC and shall be disbursed to pay the cost of the Site Improvements and the cost of issuance of the Note in accordance with the provisions of the Disbursing Agreement by and among LaSalle Bank National Association Commercial Partners Title, LLC and the Developer dated as of May 1, 2002. All income received from investment of amounts on deposit in the Project Fund shall be credited to the Debt Service Fund. Any balance of the proceeds of the Note remaining in the Project Fund after disbursements described herein shall be credited and paid to the Debt Service Fund. 4.03. Debt Service Fund. So long as the Note is outstanding and any principal thereof or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment Revenue Note (Curve Crest Villa Limited Partnership Project) Series 2002 Debt Service Fund (the "Debt Service Fund") to be used for no purpose other than the payment of the principal of and interest on the Note. The City appropriates and irrevocably pledges to the Debt Service Fund: (a) capitalized interest from proceeds of the Note, in the amount of $726,298; (b) Available Tax Increment pledged pursuant to Section 4.01 of this Resolution; (c) all funds remaining in the Project Fund after disbursements in accordance with Section 4.02 of this Resolution; and (d) all investment earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of and interest on the Note. The City shall deposit "Excess Available Tax Increment" into the Debt Service Fund prior to the first permitted Optional Redemption Date. The term "Excess Available Tax Increment" means any amount of Available Tax Increment in excess of the amount needed to make the payment due on a Payment Date and which amount is on deposit in the Debt Service Fund on the business day after a Payment Date. On the first Optional Redemption Date (and on each Payment Date thereafter if funds on deposit in the Debt Service Fund are in a minimum amount of $20,000, the City shall prepay the Note on a pro rata basis in the amount of excess funds on deposit in the Debt Service Fund on the Optional Redemption Date (or later Payment Date). . I 394954v4 11 4.04. Capitalized Interest. The City hereby authorizes the transfer of $726,298 from the . Debt Service Fund to an account held by the Remarketing Agent. The Remarketing Agent shall apply the capitalized interest on a pro rata basis to the interest accruing on the Note through February 1, 2004 and $7,230 on the interest accruing on August 1, 2005 and $7,230 on the interest accruing on February 1, 2005 according to the terms of the Note and the Remarketing Agreement. All amounts held by the Remarketing Agent to pay capitalized interest will be invested in accordance with applicable law. Interest and income earned from the amount held by the Remarketing Agent for the payment of the capitalized interest will be applied to the payments required under the Note. 4.05. Investment of Funds. All amounts held in the Project Fund and Debt Service Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Registered Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 6. Continuing Disclosure. The continuing disclosure requirements of Rule . 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule") do not apply to the Note, because the offering is exempt from such requirements under Section 15c2-12(d)(l)(i). Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Note. Section 7. Effective Date. This Resolution shall take effect and be in force from and after its approVal and publication. (The remainder of this page is intentionally left blank.) . 1394954v4 12 . . e Adopted this 4th day of June, 2002. ATTEST: Diane F. Ward, City Clerk 1394954v4 Jay L. Kimble, Mayor 13 .., · Memo To: From: Date: Subject: Mayor and City Council f} ./ Steve Russell, Community Development Director 1(......./ May 24, 2002 Tax Abatement Policy and Request for Tax Abatement Tax Abatement Program. The State of Minnesota has authorized cities to abate certain local property taxes if determined by the City to be in the community's interest because it will: . 1. Increase or preserve tax base 2. Provide employment opportunities 3. Provide help for public facilities 4. Help redevelop or renew blighted areas 5. Help proved access to services 6. Finance or provide public infrastructure 7. Phase in property tax increase greater than 50percent attributable to improvements. The Tax Abatement may be imited to: 1. A specific dollar amount per year 2. To the increase in property tax resulting from improvements to the property 3. In other amounts the governing body determines is appropriate A property located in a TIP district is not eligible for abatement. The abatement generally may be granted for a maximum of 10 years. This may be increased to 15 years under certain conditions (MS 469.1813 attached). A tax abatement request application is provided to obtain basic property and project information that can be used to evaluate therequest. Other criteria could be used to determine eligibility of requests including age of structure, amount of improvement, location of proj ect, economic benefit, type of improvement or reason for improvement. It is suggested the program eligibility be defmed so that requests address City criteria and requirements. . Listed below are possible tax abatement program objectives, requirements and review criteria for discussion. After review, a tax abatement policy statement could be developed to guide tax abatement request decisions. ..;. Obiectives: I. Create a desirable and unique character through compatible land use and quality design in new and redeveloped building. 2. Stabilize and strengthen the local property tax base 3. Increase job opportunities for city residents. 4. Eliminate blight and substandard conditions that impede the development potential and economic health of the downtown area and other redevelopment district areas. 5. Preserve historically significant structure to reuse in viable commercial, industrial or residential activities. 6. Encourage local business expansion 7. Promote the development of certain areas and properties consistent with the city comprehensive plan, downtown plan and special area plans. 8. Retain and attract stable industries which provide significant employment and tax base. . General Requirements: 1. Public benefit of assistance must be clearly demonstrated. 2. Property owners must provide full disclosure ofproject financial and market information so that the city can have the information verified and reviewed. 3. The applicant shall retain ownership ofthe property during the period oftax abatement. Review Criteria: Tax abatement will not be provided to those projects that fail to meet good . public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans and city polices; projects that provide no significant improvements to surrounding land uses, the neighborhood, and/or the city; projects that do not provide a significant increase in tax base; projects that don't have a significant new or retained, employment; projects that do not meet financial feasibility criteria established by the city; and projects that do not provide the highest and best desired use for the property. Eligible Projects: I. Correction of code compliance issues. 2. Rehabilitation of existing structures. 3. Improvements required due to change in city regulations 4. Handicapped accessability improvements. Guiding Principles: I. To limit public financial assistance for a project to the minimum amount necessary and assure the successful accomplishment of the project. 2. To assist only projects that will not result in significant negative environmental impacts on the city. . ";I' 3. Tax abatement will not be used to give a competitive financial advantage over similar . projects in the area. Request for Tax Abatement. The City of Stillwater has received its first request for tax abatement. Based on the. Council discussion on the Abatement Policy, the application for abatement can be completed and public hearing date set to review the abatement request. . . Attached is documentation of the proposed work or work that has been completed to bring the Lowell Inn back to being a contributing local business. Recommendation: Review and comment on Tax Abatement Policy and direct staffto obtain application for Lowell Inn abatement request and set public hearing. Attachments. "" Application Fee: $500 Date Filed: Receipt No. City of Stillwater Tax Abatement Application . Name of applicant/property owner: Property Address: Property Identification Number: (attach map showing property location) Description of specific reason for abatement request as it relates to the City of Stillwater Tax Abatement Policy. Improvements to property made or proposed to be made and cost: Amount of abatement requested: $ or number of years Describe benefit to the City of Stillwater if abatement is granted: " . Applicant understands and agrees that the information contained in this application and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond .Jjnancing for applicant's project; however, the City gives no assurance that this information may not .e disclosed, in whole or part, to persons other than City's officials, employees and agents. . Property Owner's Signature: Date: . . rv~innesota Statutes Display Document 4 of 6 Page 1 of2 "', ~ MJ"MSOtaSt.tum . Minnesota Statutes 2001 Display Document 4 of 6 Chapter Title: ECONOMIC DEVELOPMENT Section: 469.1813 Text: lEI 469.1813 Abatement authority. Subdivision 1. Authority. The governing body of a political subdivision may grant an abatement of the taxes imposed by the political subdivision on a parcel of property, or defer the payments of the taxes and abate the interest and penalty that otherwise would apply, if: (a) it expects the benefits to the political subdivision of the proposed abatement agreement to at least equal the costs to the political subdivision of the proposed agreement or intends the abatement to phase in a property tax increase, as provided in clause (b) (7); and . (b) it finds that doing so is in the public interest because it will: (1) increase or preserve tax base; (2) provide employment opportunities in the political subdivision; (3) provide or help acquire or construct public facilities; (4) help redevelop or renew blighted areas; (5) help provide access to services for residents of the political subdivision; (6) finance or provide public infrastructure; or (7) phase in a property tax increase on the parcel resulting from an increase of 50 percent or more in one year on the estimated market value of the parcel, other than increase attributable to improvement of the parcel. Subd. 1a. Use of term. As used in this section and sections 469.1814 and 469.1815, "abatement" includes a deferral of taxes with abatement of interest and penalties unless the context indicates otherwise. .. Subd. 2. Abatement resolution. (a) The governing body of a political subdivision may grant an abatement only by http://www.revisor.1eg.s.../ Ascend%26M%3D4%26K%3D469.1813%26R%3DY%26U%3D 5/14/2002 . . . ;P :Y1innesota Statutes Display Document 4 of 6 Page 2 of2 adopting an abatement resolution, specifying the terms of the abatement. In the case of a town, the board of supervisors may approve the abatement resolution. The resolution must also include a specific statement as to the nature and extent of the public benefits which the governing body expects to result from the agreement. The resolution may provide that the political subdivision will retain or transfer to another political subdivision the abatement to pay for all or part of the cost of acquisition or improvement of public infrastructure, whether or not located on or adjacent to the parcel for which the tax is abated. The abatement may reduce all or part of the property tax amount for the political subdivision on the parcel. A political subdivision's maximum annual amount for a parcel equals its total local tax rate multiplied by the total net tax capacity of the parcel. (b) The political subdivision may limit the abatement: (1) to a specific dollar amount per year or in totali (2) to the increase in property taxes resulting from improvement of the propertYi (3) to the increases in property taxes resulting from increases in the market value or tax capacity of the propertYi (4) in any other manner the governing body of the subdivision determines is appropriatei or (5) to the interest and penalty that would otherwise be due on taxes that are deferred. (c) The political subdivision may not abate tax attributable to the areawide tax under chapter 276A or 473F, except as provided in this subdivision. Subd. 3. School district abatements. An abatement granted under this section is not an abatement for purposes of state aid or local levy under sections 127A.40 to 127A.51. ...More http://www.revisor.1eg.s.../ Ascend%26M%3D4%26K%3D469 .1813%26R %3DY%26U%3D 5/14/2002 Minnesota Statutes Display Document 4 of 6 Page 1 of2 ~. ~ Ml".... St.,,*, . Minnesota Statutes 2001 Display Document 4 of 6 Section: 469.1813 continued... Subd. 4. Property located in tax increment financing districts. The governing body of a political subdivision may not enter into a property taxm tlabatementm agreement under sections 469.1812 to 469.1815 that provides for abatement of taxes on a parcel, if the abatement will occur while the parcel is located in a tax increment financing district. Subd. 5. Notice and public hearing. (a) The governing body of the political subdivision may approve an abatement under sections 469.1812 to 469.1815 only after holding a public hearing on the abatement. (b) Notice of the hearing must be published in a newspaper of general circulation in the political subdivision at least once more than ten days but less than 30 days before the hearing. The newspaper must be one of general interest and readership in the community, and not one of limited subject matter. The newspaper must be published at least once per week. The notice must indicate that the governing body will consider granting a property tltaxm tlabatement, identify the property or properties for which an abatement is under consideration, and the total estimated amount of the abatement. . Subd. 6. Duration limit. (a) A political subdivision may grant an abatement for a period no longer than ten years, except as provided under paragraph (b). The subdivision may specify in the abatement resolution a shorter duration. If the resolution does not specify a period of time, the abatement is for eight years. If an abatement has been granted to a parcel of property and the period of the abatement has expired, the political subdivision that granted the abatement may not grant another abatement for eight years after the expiration of the first abatement. This prohibition does not apply to improvements added after and not subject to the first abatement. (b) A political subdivision proposing to abate taxes for a parcel may request, in writing, that the other political subdivisions in which the parcel is located grant an abatement for the property. If one of the other political subdivisions declines, in writing, to grant an abatement or if 90 days pass after receipt of the request to grant an abatement without a written response from one of the political subdivisions, the duration limit for an abatement for the parcel by the requesting . political subdivision and any other participating political subdivision is increased to 15 years. If the political subdivision which declined to grant an abatement later grants an http://.../ Ascend%26M%3D4%26K%3D469.1813%26R%3DY%26U%3D20%26PCU%3D 5/14/2002 . . . )' Minnesota Statutes Display Document 4 of 6 Page 2 of2 abatement for the parcel, the IS-year duration limit is reduced by one year for each year that the declining political subdivision grants an abatement for the parcel during the period of the abatement granted by the requesting political subdivision. ...More http://.../ Ascend%26M%3D4%26K%3D469 .1813%26R %3DY%26U%3D20%26PCU%3D 5/14/2002 Minnesota Statutes Display Document 4 of 6 Page 1 of 1 "-, .r.J MinMSOta Stat\M$ . Minnesota Statutes 2001 Display Document 4 of 6 Section: 469.1813 continued... The duration limit may not be reduced below the limit under paragraph (a). Subd. 6a. Deferment payment schedule. When the tax is deferred and the interest and penalty abated, the political subdivision must set a schedule for repayments. The deferred payment must be included with the current taxes due and payable in the years the deferred payments are due and payable and must be levied accordingly. Subd. 7. Review and modification of abatements. The political subdivision may provide in the abatement resolution that the abatement may not be modified or changed during its term. If the abatement resolution does not provide that the abatement may not be modified or changed, the governing body of the political subdivision may review and modify the abatement every second year after it was approved. . Subd. 8. Limitation on abatements. In any year, the total amount of property taxes abated by a political subdivision under this section may not exceed (1) five percent of the current levy, or (2) $100,000, whichever is greater. Subd. 9. Consent of property owner not required. A political subdivision may abate the taxes on a parcel under sections 469.1812 to 469.1815 without obtaining the consent of the property owner. HIST: 1997 c 231 art 2 s 46; 1998 c 397 art 11 s 3; 1999 c 243 art 10 s 8-14; 1999 c 248 s 19;2000 c 490 art 11 s 33-35; ISp2001 c 5 art 15 s 26 . http:/.../Ascend%26M%3D4%26K%3D469 .1813%26R %3DY%26U%3D40%26PCU%3D2 5/14/2002 .~ .;; CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-10 May 21, 2002 . REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller. and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier Laura Brinkoetter, Gazette PLEDGE OF ALLEGIANCE In honor of Memorial DayCouncilmember Bealka lead~he Pledge of Allegiance. . APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded byCouncilmember Milbrandt to appr.ove the May 7, 2002 regular and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS '" Senator Krentz - LeqislativeUpdate Senator Krentz provided an update on the legislative session. She'stated that the Brown's Creek/North Hill project is part of the bonding ,bill, but that it may be eliminated by the Governor's line item veto. She also stated thatifit is eliminated by the Governor that she would do everything possible to get it approved again next year. Councilmember Rheinberger thanked Senator Krentz for her efforts on getting the project on the bonding bill. Mayor Kimble stated that he heard a rumor that all local projects were going to be line item vetoed because the Governor did not get his light rail funding. . Senator Krentz stated that she supported the Governor on the light rail and felt that the Transportation Bill was a good bill. She hopes that hersupport will not eliminate the Brown's Creek/North Hill project from the bonding bill. " City Council Meeting 02-10 May 21,2002 "~ Mayor Kimble thanked Senator Krentz for her efforts and also stated that any effort to protect this project would be appreciated because it is not just a local project but an . environmental project as well. ' Staples Park MayorKimble stated that he has received calls from neighborhood regarding the Council's decision reopening,the reconfigured basketball court. ,He stated that the neighbors adjacent to the basketball courtwere not in favor oBhe reopening of the court. He also stated that even though he does not live adjacent to the basketball court he has had his share of instances where he had to throw people off the court due to , their behavior. The people that are using this court were not residents. Mr. BurtDvergsdal, 1001 Everett Street, stated that the Council wisely and courageously closed the court and it has been a positive thing for the neighborhood since it had been closed. He also stated that the reconfiguration oBhe !courts would noteliminate the noise or the element using the courts. ' Ms. Sandy Snellman, memberof the Parks Soard, reviewed the Park Board's actions. She stated that the Board is trying to find a good compromise for the use. She also stated that it was the board's understanding that the problem was not really the basketball use; but the element it was attracting. The board felt that the :reconfiguration would eliminate that concern and that this idea was being done ona trial basis. Ms. Ann Thompson, 401 W. Wilkins, stated that the neighbors cannot leave their , windows open because of the noise the basketball court generates. She stated that ha ' courts"arenot going to alleviate the problem of noise or the bad elementthat uses the facility. . Ms. AmyThompson, 401 W. Wilkins, stated that when the basketball court was being used she didn't feel safe walking her dog by the court, shewas sexually harassed with comments etc. by the users of the court. She stated that with the court'dosed ithas been very nice inthe neighborhood. Mr. Herb Roettger, 318 W. Wilkins, stated that a facility such as this should 'have a suitable buffer between the courts and the residences. Councilmember Rheinberger stated that he felt the court should be pe'rmanently closed. Councilmember Milbrandt stated that the Park's Board did not want to throw out the possibility of basketball use, that it was recommending a trial basis, and that if there were problems the Police Chiefhad the authority to shut it down. Councilmember Zoller stated he would support rescinding the previous decision however he wanted the Park Board and Council to look at other optidnsfor the use of the property. ' . 2 ~,. . . . City Council Meeting 02-10 May 21,2002 Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to close the basketball court and direct the Parks Board and staff to bring back to Council other options for this portion of park. Ayes: Councilmember Bealka, Rheinberger, Zoller, and Mayor Kimble Nays: Councilmember Milbrandt STAFF REPORTS Public Works Director Eckles reviewed the MPCA's Phase" Storm Water Program. He stated that this program would have a significant development and financial impact throughout the State because there are so many rivers and streams throughout the State. He also stated that he has been working with the League of Minnesota Cities to develop a "boiler plate" permit so that cities do not have to duplicate processes. He stated that the City's participation would be approximately $5,000 and if the City did it on its own it would cost substantially more. Mr. Eckles also stated that a hearing is going to be held on May 28, 2002 on this issue and requested that the Council designate him or the Mayor to testify at this hearing. He also stated that a letter from the City should be sent to MPCA outlining the concerns on this program. Councilmember Rheinberger stated that Mr. Eckles has the expertise and should testify at the hearing. Mayor Kimble concurred. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka authorizing Mr. Eckles to speak on behalf of the City at the MCPA hearing held on May 28, 2002 and to prepare a letter outlining concerns on this program. All in favor. Public Works Director Eckles stated that in the near future Council would have to make a decision on the North Hill project. He stated that either the project should be ordered or an assessment hearing be called. He also stated that it would be hard to hold an assessment hearing because of the unknown funding factors involved. He stated that the year is up for a decision in July and he would bring this issue up again in June. CONSENT AGENDA Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to approve the Consent Agenda. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-115, directing payment of bills Authorization to Final Stretch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Saturday, August 10, 2002 Sewer Bill Adjustments Resolution 2002-116, approving guaranteed maintenance agreement with Stillwater Ford Request to purchase of a new computer for the Community Development Department 3 " City Council Meeting 02-10 May 21,2002 Resolution 2002-117, accepting work and ordering final payment for Lily Lake Improvements (Project 9616) . UNFINISHED BUSINESS Desiqnation of dates for Pledqe of Alleqiance Mayor Kimble reviewed the memo from City Clerk Ward regarding the setting of special dates for placing the Pledge of Allegiance on the agenda. He stated that the special dates were the second meeting in May for Memorial Day; first meeting in June for Flag Day; first meeting in July for 4th of July; first meeting in November for Veterans Day. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger designating second meeting in May for Memorial Day; first meeting in June Jor Flag Day; first meeting in July for 4th of July; first meeting in November for Veterans Day and staff to provide a schedule of dates for next year at the December meeting. All in favor. Second readinq of an Ordinance 923, amendinq Chapter 30 of the Stillwater City Code entitled Garbaqe and Rubbish Mayor Kimble reviewed the ordinance relating to garbage and rubbish. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger, adopting Ordinance 923, amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish. All in favor. . Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Second readinq of an Ordinance 924 adoptinq Appendix II-K of the Minnesota Uniform Fire Code. prohibitinq barbeQue qrills on balconies of apartment buildinqs Mayor Kimble reviewed the ordinance relating to Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings Councilmember Milbrandt asked if this included the changes recommended in Chief Kallestad's memo. City Attorney Magnuson stated that it reflected those changes. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller, to adopt Ordinance 924 adopting Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None . 4 . . . City Council Meeting 02-10 May21,2002 Approval of resolutions for Library fundinq Mayor Kimble reviewed the proposed resolutions relating to the library expansion and funding. Councilmember Rheinberger stated that he felt that the impacton the taxpayers would be too great and that the proposed commitment would actually amount to $7.5 million considering interest. He also stated that the library should be merged with the County because the City has core concerns that should be paid attention to such as. streets' and utilities. Councilmember Milbrandt stated that the library is one of the most living and growing assets of the community and we should commit to that growth. He also stated that adopting the resolutions is committing to the idea, but not determining exactly how to fund it at this time. . Councilmember Zoller stated agreed with Councilmember Milbrandt and supported the library expansion. Councilmember Sealka expressed concern on the price tag ofthe parking lot. He also, stated that the sales tax proposal as a method of funding was not well. accepted and asked if the issue could be tabled to be discussed further. Mayor Kimble stated that the purpose of the resolutions is.to give support to the proposal so that the Library Task Force can meet with various foundations to raise the money the Library Board has committed. Motion by Councilmember Milbrandt, Seconded by Councilmember Zoller to adopt Resolution 2002-118, approving proposed Library Expansion/Renovation Project. . Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger Motion by Council member Zoller, seconded by CouncilmelT1ber Milbrandt to adopt Resolution 2002-119, approving a parking facility'as a part of the Library Expansion Project. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember.Rheinberger' NEW BUSINESS Approval of transfer of tobacco license - Stillwater Texaco to Yocum Oil Company Mayor Kimble reviewed the request for a transfer of a tobacco license at 2500 West Orleans for Stillwater Texaco to Yocum Oil Company. .,. City Council Meeting 02-10 May 21,2002 " Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None . Alternative Dates for November 5 Council Meetinq and date for canvassinq votes for Primary, Election Mayor Kimble reviewed the various alternative dates for the first Council meeting in November and dates for the canvassing board to meet after the Primary Election. Councilmember Rheinberger stated he would like to have the meeting scheduled for November 6 or 7 because he did not think he would be available on November 12. Councilmember Zoller stated that in the past, changed or special meetings where held on Tuesdays, so November 12 would be consistent to what has been done in the past. Councilmember Zoller asked about the canvassing board meeting after the General Election. City Clerk Ward stated that November 12 is within the seven-day requirement for the canvassing of votes and would be the first item at the 4:30 meeting on November 12. Motion by Councilmember Bealka, seconded by Councilmember Zoller setting Tuesday, November 12, 2002 as the alternative date for the first meeting in November and designating Wednesday, September 11,2002 at 7:30 a.m. as a special meeting to canvass votes after the Primary Election. . Ayes: Councilmember Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger 2002 Sidewalk Repair Proiect Mayor Kimble reviewed the memo from Assistant City Engineer Sanders regarding the 2002 Sidewalk Rehabilitation Project. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-121, resolution ordering preparation of report for the 2002 Sidewalk Rehabilitation Project (Project 2002-11). All in favor. Corrective Action on ordinance City Attorney Magnuson stated that staff has recently discovered that a section of the City Code was inadvertently stricken by Ordinance No. 860. He stated that the ordinance was intended to replace some sections that dealt with home occupation regulations. He also stated that when the ordinances were recodified, it had the affect of deleting multifamily uses as a use permitted by Special Use Permit in the RB- Two Family District. Mr. Magnuson recommended that Ordinance 860A be adopted to correct the mistake . and that because it is a corrective action that it can be enacted without two readings. 6 . . . City Council Meeting 02-10 May 21,2002 Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Ordinance 860A, an ordinance correcting the scrivener error in Ordinance 860 of the City of Stillwater. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Meadowlark Park Drainaae Mayor Kimble reviewed Public Works Director Eckles' memo regarding the installation of pipe to prevent flooding at Meadowlark Park. He stated that Mr. Eckles has received a quote from C.W. Houle, the contractor for the 2002 Street Improvement Project. He recommended that this project be added to the 2002 Street Improvement Project as a change order. Public Works Director Eckles stated that the pipe that has collapsed was installed approximately 20 years ago and that 3-4 years ago the City installed an extension to the 20-year-old pipe because it did not reach the low area of the park to provide drainage to the park. Councilmember Zoller asked if this would be paid from the Storm Water Utility Fund or be assessed as part of the 2002 Street Improvement project. Public Works Director Eckles stated that it could be done either way, but being that the street improvements are being done in the same area and it is beneficial to the neighborhood it would be justified to be included in the 2002 Street Improvments. Councilmember Milbrandt asked if this is the project that was bid considerably lower than the Engineer's estimate. Mr. Eckles stated that was correct. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka directing staff to prepare a change order for 2002 Street Improvement to include Meadowlark Park Culvert improvements. All in favor. Transfer of On-Sale & Sunday liquor License - Cutter's Pub & Grub Mayor Kimble reviewed the request for an On-Sale and Sunday liquor license transfer from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-122, approving transfer of On Sale and Sunday liquor license from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater, subject to approval by the Police, Fire, Building, Finance Departments and Minnesota Liquor Control. All in favor Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 7 City Council Meeting 02-10 May 21,2002 ", COMMUNICATIONS/REQUESTS John & Melissa Uppqren, Arcola Development Company, LLC reqardinq 270 North Main . Mayor Kimble reviewed the request from John & Melissa Uppgren, Arcola Development Company, to work with staff on the possibility to improve and lease a portion of the City owned property west of their building for the purpose of providing additional parking. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff to investigate the Uppgren's request and also get input from the Downtown Parking Commission. All in favor. ADJOURNMENT Motion byCouncilmember Bealka, seconded by Councilmember Rheinberger to adjourn at 8:38 p.m. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk Resolution 2002-115, directing payment of bills Resolution 2002-116, approving guaranteed maintenance agreement with Stillwater Ford Resolution 2002-117, accepting work and ordering final payment for Lily Lake Improvements (Project 9616) Resolution 2002-118, approving proposed Library Expansion/Renovation Project. Resolution 2002-119, approving a parking facility as a part of the Library Expansion Project. Resolution 2002-120, approving transfer of ownership of tobacco license for Stillwater Texaco to Yocum Oil Company. Resolution 2002-121, resolution ordering preparation of report for the 2002 Sidewalk Rehabilitation Project (Project 2002-11). Resolution 2002-122, approving transfer of On Sale and Sunday liquor license from Cutter's Pub & Grub, Ltd. to J. & C. Enterprises of Stillwater. Ordinance 923, amending Chapter 30 of the Stillwater City Code entitled Garbage and Rubbish. Ordinance 924 adopting Appendix II-K of the Minnesota Uniform Fire Code, prohibiting barbeque grills on balconies of apartment buildings. Ordinance 860A, an ordinance correcting the scrivener error in Ordinance 860 of the City of Stillwater. . 8 From Movies by the Bridge clo River Market 221 N. Main Street, Stillwater, Mn 55082 May 22, 2002 . To: Steve Russell Community Development Director City of Stillwater Subject: Summer Movies in Lowell Park in 2002 We request approval from the City of Stillwater to show movies this summer for family viewing in Lowell Park on Tuesday evenings from July 9 through September 3, 2002. Movies by the Bridge will be presented by River Town Movies, a not-for-profit association of local citizens and downtown merchants, who want to add to the downtown flavor by creating an event to be held when there is no congestion and ample parking. (Future plans include an indoor film festival in 2003 to celebrate the 20 year anniversary of the beginning of what has become the Minneapolis/St. Paul International Film FestivaL) We want to attract families to the movies and invite them to sit on the grass or lawn chairs as they do in Pioneer Park during the Fourth of July fireworks. The location we would like to use is between the lumber Baron's Hotel and the St. Croix River, and between Chestnut Street and Myrtle Street. . We will need one 110 volt electrical duplex outlet for the movie projector and sound system. We would like to be able to sell popcorn and soft drinks for the audiences. Our group will select movies with the advice and assistance of Rick Hansen, Backdrop Productions, who has had five years of experience showing outdoor movies in Minneapolis. Mr. Hansen will rent the movies; provide a screen, projector and sound system; and show the movies. He will have liability insurance for all of his equipment. The events will be coordinated by Valley Booksellers, River Market, and local citizens, with support from other downtown businesses. Our group will provide staff and cleanup. Our purpose is to raise awareness of the friendliness and ease of utilizing the river and shopping opportunities in downtown Stillwater, and to bring arts opportunities generally available in large cities to the sophisticated art-interested residents of Stillwater. ~.lu~rk;7V - Ann DelaVergM . River Market 651-439-0366 JociTilsen Valley Booksellers 651-430-3385 ;1(~~ Norman Steere Quilts Midwest 651-430-9591 . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2002-123 . Accountemps Action Rental Amdahl, Chris Ancom Technical Center Aspen Mills A T& T Broadband AT&T Wireless Batteries Plus Bryan Rock Buberl, Larry Catco Parts & Service Century College Century Power Equipment Cub Cutter Corporation DustCoating, Inc. Ekholm, Todd Emergency Apparatus Emergency Automotive Tech Express Photo Fed Ex Greater Stillwater Chamber of Commerce Greeder Electric Heritage Printing Ice Skating Institute J.H" Larson Johnny's TV Johnson Radio Communications Kellison Company Legislative Associates, Inc. Magnuson Law Firm McCollister & Co. McLeod USA Menards Minnesota Chiefs of Police Association MN Dept. of Aministration Intertechnologies MN Secretary of State Nextel North Star Turf On Site Sanitation Parts Associates, Inc. PC Pit Stop Pod's Tire & Wheel Inc. Quill Rogness, Chad S1. Cloud State S1. Croix Events S1. Croix Office Supplies . Professional Service Sue James Concrete, Stump Grinder, Propane Broken Lock fixed Pager Repair Uniforms Cable Cell Phones Batteries,c1ips Rock May Animal Transports Repair Parts Equipment Law Enforcement Training Repair Parts Equipment Maintenance supplies GMA Refuse Management Chloride Refund Variance Fee Vehicle Repairs Beacons Processing Film Freight Park Refund Wired Pump to Generator,Time Clock April 2002 Newsletters,Programs Show Endorsement Repair Parts Equipment Tools, Parts Radios, Accessories, Repair Grading Escrow Refund Professional Services May 2002 Professional Services Oil Telephone Edging Permits to Acquire Internet, April Usage Renewal of Trademark Cell Phones Chemicals, Seed Unit Rental Art Fair Repair Parts Equipment Cable Tire repair Copy Paper Park Refund Rhoades, Kezar Education Fireworks Office Supplies 835.88 379.14 327.00 377.71 105.34 71.57 240.04 215.35 64 A 1 75.00 372.22 350.00 13.79 3.60 900.00 240.00 70.00 111.23 203.91 63.07 36.06 500.00 637.50 4,978.22 25.00 75.67 245.90 1,476.95 4,750.00 4,975.00 9,063.98 213.61 652.55 9.52 20.77 170.18 25.00 270.95 1,772.16 991.20 73.97 15.82 45.00 209 AO 150.00 542.00 10,000.00 164.86 . EXHIBIT" A" TO RESOLUTION #2002-123 Page 2 St. Croix Recreation Co., Inc. Playground Equipment 893.59 Sentry Systems Inc. Monitoring Service 107.67 Stepp Manufacturing Co. Inc. Hose, Oil Burner 425.25 Stillwater Gazette Publications 204.90 Stillwater Motors Repair 96 Lumina 455.64 Streicher's Gun Cases, Supplies 228.34 Stripe-A-Lot Downtown Striping 4,035.00 T A Schifsky & Sons Asphalt & Oil 134,975.46 Teletronix Software, Building repair 629.00 TimeMark Dare Supplies 451.56 Treadway Graphics Radar Cable 57.14 United Building Centers Cement 95.47 Urban Communications Spot Lights 883.95 Valley Trophy Engraving, Plaque 73.92 Vermeer of Minnesota Sharpening Knives 30.17 Viking Industrial Jacket, Pants,Gloves 97.40 Walmart Equipment supplies 346.24 Washington Cty. Dept of Public Health BWSR Challenge Grant Study 15,000.00 Yocum Oil Fuel 122.63 Youth Service Bureau 1 st Allocation 2002 7,250.00 Zee Medical Service Medical Supplies 82.21 . MANUAL CHECKS MAY 2002 Anchobayro Revenue Bond Application Fee 60,000.00 Mainstream Development 2nd Half Tif 2001 14,741.68 MN Dept of Safety Licenses 30.00 Nearly New Refund Money Order pd to City 125.71 Postmaster 2nd Qtr Utility Billing Postage 1,038.43 Xcel Electricity/Gas 1,552.39 ADDENDUM TO BILLS AGA Membership Dues 75.00 Banyon Data Systems, Inc. Software 372.75 Fed Ex Freight 20.83 Holiday Commercial Fuel 59.86 Ikon Office Solutions Maintenance Agreements 488.60 ITE Subscription 16.50 LMC Ins. Trust 2nd Installment 41,233.75 Max Todo, Marine Services Inc. Dredge 200 yards 3,000.00 Met Council May SAC Charges 10,692.00 MN Safety Council Membership Dues 250.00 . Mister Car Wash Car Washes 223.65 Municipal Code Corporation Updates to Supplement 12 1,030.98 . . . EXHIBIT n An TO RESOLUTION #2002-123 Office Max Owest Stillwater Ford Stork Tomten Environmental Design Valley Agencies Ward, Diane Xcel Adopted by the City Council this 4th Day of June, 2002 Page 3 Office Supplies Telephone Maintenance Agreements Professional Services Public Works Facilil Professional Services Bond Insurance Headphones, Adapter, Power Supply Electricity/Gas TOTAL 220.17 185.96 8,000.00 675.75 460.00 116.10 291.66 11,404.61 369,862.45 TO: FROM: DATE: SUBJECT: 1 3 4 ~ CITY OF STILLWATER MEMORANDUM . Mayor and City Council ""- Sharon Harrison. Assistant Finance Direct~ June 4, 2002 Utility Bill Adjustments - Sewer Charges Description Recommendation Waterboard connected hose to neighboring property Reduce April, July, October & Jan 2003 to minimum sewer usage Waterboard installed wrong meter Reduce April, July, October & Jan 2003 to 11,000 gallons per quarter Leaky Toilet - Repaired May Reduce July, October & January to prior 3 year average of 9,000 gallons per quarter . . ~i!lwa~ THE BIRTHPLACE OF MINNESOTA ~ . Project No. 2002-02 May 30, 2002 Date Project Description: 2002 Street Improvement 1 Change Order No. Purpose of Change Order: Meadowlark Park Storm Improvements The following changes shall be made to the contract documents. Basis of Cost: Actual X Estimated Item No. Item Price I Mobilization $ 1,627.50 2 15"RCP $ 10,741.50 3 CBfMH's $ 6,867.00 4 Connect to Existing Manholes $ 1,890.00 5 Directional Bore $ 12,288.15 GRAND TOTAL $ 33,414.15 . Recommend for Approval by: ~ll. Shawn Sanders, Asst. City Engineer Approved by the City of Stillwater Jay Kimble, Mayor ./' Agreed toY')'''Contractor: T.A. Schifsky (1 ~,:(r, Ie ) ~O\ ....../Lt / A7 "( -- By: UICf, ~2.$.-') ~J!XCI ( Title . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . APPROVAL OF CHANGE ORDER#l FOR THE 2002 STREET IMPROVEMENT PROJECT (PROJECT 2002-02). BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #1 in the amount of$33,414.15 for the 2002 Street Improvement Project is hereby approved:. Change order#1 Purpose of Change Order: Meadowlark Park Storm Improvements Mobilization 15" RCP CB/MH's , $ 1,,627.50 $ 10,741.50 $ 6,867.00 $ 1,890.00. $ 12,288.15 Connect to Existing Manholes Directional Bore GRAND TOTAL' $ 33,414.15 Adopted by Council this 4th day of June 2002. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk '. STAFF REQUEST ITEM . Department: MIS/Engineering Date: 6/4/02 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchasing of Computer for Engineering Department FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) $1959.47 plus tax This item was budgeted for in Capital Outaly ADDITIONAL INFORMATION ATTACHED Yes _X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK . A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 6/3/02 . . . . Minnesota State Store: Current E-quote Page I of2 1-800-981-DELL Current OrderfOfrnJ .~~trieve E-9u , ' '""II" t ,"}" ^ Minnesota 5: Full Catalog Software, Periphe Your current E-quote Number: E001849426 Detail Help with E-quotes (Click Here) View Oplions: r View Order Summary r. Vie\v ( Total Price*: $1,959.47 Description 1 Dell Precision ™ Workstation ,340 Minitower Intel@Pentium@ 4 processor, 2.00GHz, 512K Full Speed Cache [;> edit this item [;> delete this item Quantity 11 [;> update Unit Price $1,959.47 Iten $1,! Date: . Tuesday, June 04, 20029:06:02 AM CST !Catalog Number: , 84 RC956882 Dell Precision ™ Workstation 340 Minitower: Intel@ Pentium@4 processor, 2.00(3Hz, 512K Full Speed Ca 34T20 - 1 220-8348 1 " Memory: 512MB PC800 ECC RDRAM@ (2 RIMMSTM) 512E42 -I 311-2402 ) ' Keyboard: Enhanced Quietkey, PS/2 Q - 1 310-1420 1 Monitor: 19 inch Den (17.90 inch vis) M991 Monitor. M991 - 1 320-10451 Graphics Card: nVidia, Quadro2 EXTM, 32MB,VGA QUAD2EX - 1 320-1533 1 Hard Drive: 40GBATA-100 IDE,J inch (7200 rpm) . 40172 - 1 340-8562 1 . Floppy Drive: 3.5 inch 1.44MB Floppy Drive 3 - 1 340-3736 1 . Operating System: --;- Microsott@ Windows@ 2000 Professional (Service Pack 2) W2K - 1420-15361 . Mouse: Logitech@, USB, Optical (2-button, w/scroll) LO -" 1310-1464 1 . CD ROM, DVD, and Read-Write Drives: 24X110Xl40X IDE CD Read-Write '. K;DRW24 - r 313-08531 " . Speakers: harman/kardon 206 Speakers HK206 - 1 313-10421 Hardware Support Services: I3Yrs Parts + Onsite Labor (Next Business Day) '. '.. U30S - 1 900-62121 r 900-6940 1 . '. Installation Services: No Installation NOINSTL - 1 900-9987 ) Energy Star™: Energy Star™ ES - 1 310-6414 1 [;> add item to your E-quote Total Price* $1, E-quote E001849426 Details Saved By Rose M Holman(rholman@cLstillwater.mn.us) http://rcommerce. us.dell.com/rcomm/basket.asp 6/412002 ~Bii-~~~ i-tt)~.1..... c~r-1'1' .0".r~:;t....~ ~~~~~6-~'!.!-'<~~~::'- 0c. fS~" .~ \~i....." -~ ....ill ~tY Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION Wash. Co. Historic Courthouse STREET ADDRESS 101 West Pine Street NAME OF PERSON MAKING APPLICATION Gudrun Nordb DATES LIQUOR WILL BE SOLD Frida November 22 2002 ORGANIZATION OFFICER'S NAME Alice Smi ORGANIZATION OFFICER'S NAME DATE ORGANIZED 1982 CITY Stillwater BUSINESS PHONE (651) 430-62J3 TYPE OF ORGANIZATION o CLUB DCHARITABLE DRELIGIOUSXJOTHER NONPROFIT ADDRESS TAX EXEMPT NUMBER See attached sheet STATE MN ZIP CODE 55082 HOME PHONE (6:>1 )3:>1-7804 Location where license will be used. If an outdoor area, describe Washington County Historic Courthouse. inside of building 6:30pm to 9:00pm for restoration fundraiser Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Champagne to be purchased from Sutler's ,.;rine & Spritis. Volunteers will serve bever~ge . Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) Transcontinental Insurance Co. $1,000.000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIlNG TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. ) . LIST OF BILLS EXHIBIT n An TO RESOLUTION #2002-123 . Accountemps Action Rental Amdahl, Chris Ancom Technical Center Aspen Mills A T& T Broadband AT&T Wireless Batteries Plus Bryan Rock Buberl, Larry Catco Parts & Service Century College Century Power Equipment Cub Cutter Corporation DustCoating, Inc. Ekholm, Todd Emergency Apparatus Emergency Automotive Tech Express Photo Fed Ex Greater Stillwater Chamber of Commerce Greeder Electric Heritage Printing Ice Skating Institute J.H. Larson Johnny's TV Johnson Radio Communications' Kellison Company Legislative Associates, Inc. Magnuson Law Firm McCollister & Co. McLeod USA Menards Minnesota Chiefs of Police Association MN Dept. of Aministration Intertechnologies MN Secretary of State Nextel North Star Turf On Site Sanitation Parts Associates, Inc. PC Pit Stop Pod's Tire & Wheel Inc. Quill Rogness,Chad St. Cloud State St. Croix Events St. Croix Office Supplies . Professional Service Sue James Concrete, Stump Grinder, Propane Broken Lock fixed Pager Repair Uniforms Cable Cell Phones Batteries,clips Rock May Animal Transports. Repair Parts Equipment . Law Enforcement Training Repair Parts Equipment. Maintenance supplies GMA Refuse Management Chloride Refund Variance Fee Vehicle Repairs Beacons Processing Film Freight Park Refund Wired Pump to Generator,Time Clock April 2002 Newsletters,Programs Show Endorsement Repair Parts Equipment. Tools, Parts Radios, Accessories, Repair Grading Escrow Refund Professional Services May 2002 Professional Services Oil Telephone Edging Permits to.Acquire Internet, April Usage Renewal of Trademark Cell Phones Chemicals, Seed Unit Rental Art Fair Repair Parts Equipment Cable . Tire repair Copy Paper Park Refund Rhoades, Kezai Education Fireworks Office Supplies 835.88 '379.14 327.00 377..71 " 105,34 . 71.57 240.04 215.35 64.41 75:00 372.22 , 350.00 .13.79 3;60 900.00 ' 240.00 ".70.00 ,: 111 .23 203.91 63.07 36.06 ,,500.00 637.50 4,978.22 25.00 75.67 245.90 . 1,476.95 4,7<50.00 4,975.00 . 9,063.98 213.61 652,.55 .9.52 20.77 170.18 25.00 270.95 '1,772.16 991.Z0 73.97 15.8~. 45.00 209.40 150.00 542.00 10,000.00 164.86 EXHIBIT" An TO RESOLUTION #2002-123 St. Croix Recreation Co., Inc. Sentry Systems Inc. Stepp Manufacturing Co. Inc. Stillwater Gazette Stillwater Motors Streicher's Stripe-A-Lot T A Schifsky & Sons Teletronix TimeMark Treadway Graphics United Building Centers Urban Communications Valley Trophy Vermeer of Minnesota Viking Industrial Walmart Washington Cty. Dept of Public Health Yocum Oil Youth Service Bureau Zee Medical Service Adopted by the City Council this 4th Day of June, 2002 Playground Equipment Monitoring Service Hose, Oil Burner Publications Repair 96 Lumina Gun Cases, Supplies Downtown Striping Asphalt & Oil Software, Building repair Dare Supplies Radar Cable Cement Spot Lights Engraving, Plaque Sharpening Knives Jacket, Pants,Gloves Equipment supplies BWSR Challenge Grant Study Fuel 1 st Allocation 2002 Medical Supplies Page 2 . . 893.59 107.67 425.25 74.93 455.64 228.34 4,035.00 134,975.46 629.00 451.56 57.14 95.47 883.95 73.92 30.17 97.40 346.24 15,000.00 122.63 7,250.00 82.21 . . J . . . Memo DATE: May 31, 2002 TO: Mayor and City Council Chantell Knauss~ Director of Administration FROM: RE: Waiver of Garbage Collection Charges Attached are requests for Waiver of Garbage and Collection Charges for June I, 2002 - May 30, 2003, in accordance with City Code Section 30-1, Subd. 9. Recommendation Staff recommends the City Council take action to approve waiver of garbage and collection charges for applications 2002-01 through 2002-03. , APPLICATION NO. 2002-01 . WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Annette Edwins ADDRESS 213 N. Gree 1 ey Street Recommended Action: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL . DATE SUBMITTED: May 15, 2002. . , . . . APPLICATION NO. 2002-02 WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Joseph Junker ADDRESS 1220 S. Fourth Ave. Recommended Action: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL . DATE SUBMITTED: Nay 7, 2002 ( APPLICATION NO.2002-03 . WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Faylene Ziton ADDRESS 1314 W. Linden Recommended Action: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL . DATE SUBMITTED: May 24, 2002 . , . . . MUNICIPAL LICENSE The CITY OF STILLWATER, a Home Rule City of the Third Class ("City"), hereby grants a license to the VETERAN'S MEMORIAL COMMITTEE (the "Committee"), its agents, contractors and assigns, on the following terms and conditions: I. The municipal property that is subject to this License is an area described as follows (the "Property"): Part of Lots 5, 6, 7 and 8, Block 36, of the Original Town now City of Stillwater and the public sidewalk adjacent thereto, as depicted on the map attached as Exhibit "A." 2. The Committee and their contractors and agents are granted a non-exc1usive right to use the Property to construct and operate a Veteran War Memorial.(the "Memorial") and use the adjacent sidewalk to install pavers bearing the names of donors. 3. The rights granted are non-exclusive and are subject to the superior right of the City that may, at any time, preempt any rights granted by this License for any public purpose. 4. Any material changes in the design of the Memorial must be reviewed and approved by the City Council. 5. Before construction of the Memorial may begin, sufficient funds must be dedicated to pay for any labor or materials used in the construction and an endowment must be established in a an amount sufficient to fund maintenance of the Memorial. 6. The ultimate design of the Memorial must be reviewed and approved by the City Building Official and a building permit must be obtained for the construction. 7. The sidewalk paver program must be developed in a manner that will not, in the opinion of the City Engineer, block or impede pedestrian traffic. The sidewalk must be kept free of trash or storage and regularly swept. The pavers may not interfere with any public utilities located in the street or the street surface. The pavers must be installed according to a schedule and plan approved by the City Engineer. Paver installation may begin immediately. I ( 8. This License is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the Property hereunder. . 9. The City reserves the right to impose additional conditions on this License, if needed, to protect the health, safety and welfare of the City. 10. This License will be in effect immediately and will terminate, if not sooner, by thirty (30) days written advance notice. 11. In view of the uncertain term of the License and the limited rights granted, no license fee will be charged. 12. The Committee must insure the Property in an amount of at least Seven Hundred Fifty Thousand and nollOO Dollars ($750,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. 13. The Committee also agrees to indemnify and hold the City harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the Property and the exercise of its rights under this License. Approved by the City Council of the City of Stillwater this day of 2002. CITY OF STILLWATER . Jay L. Kimble, Its Mayor ATTEST: Diane F . Ward, Its City Clerk . 2 , . . . STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of 2002, by Jay L. Kimble, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public ACCEPTANCE The terms of this License are accepted by the undersigned this _ day of 2002. VETERANS MEMORIAL COMMITTEE By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2002, by , the , of the VETERANS MEMORIAL COMMITTEE. Notary Public THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street, Suite 202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 (telephone) 651/439-5641 (fax) 3 tM ."'''' to .,d~I", V-f.u r#nul" 0.1 6~ ...,,- .ri,., J.>s . JIeA" .u1lJ I..:'uJ"', 1 II.. , . r.r~"CI wh/l:ullrr.... I.~-n'p_ r~t"', 4 hIlJ;""r [;,,~/ull., "~Il'1 ~ .. II) l ~ "l ~ 1 .& i t " ~ ....JHUUII . ,.: mlJ )loi:t r- ' ~ ...-' . r/II'~ II A" Exhibit ,.tl,,,. /fIJIY .1../;111 po/$ fDr- r>DD'.M ." J<<;Dr.~t1 . - In.:'u'" ~ c.1n. '"U'1' ri} "'UII "IDr .rf;Wt> .hlflUr .. Io~ . 81 .p.""" l'.rtln, of h."""'.p [l""'U"'"' .tJIl1.] ~ . ) . . . RESOLUTION 2002-125 RESOLUTION GRANTING MUNICIPAL LICENSE TO VETERAN'S MEMORIAL COMMITTEE BE IT RESOLVED by the City Council of Stillwater, Minnesota, hereby grants a Municipal License to the Veteran's Memorial Committee, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said License. Adopted by Stillwater City Council this 4th day of June 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk , . . 2002 MEMORANDUM OF AGREEMENT FOR DROP OFF CENTER RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and support residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted money for 2002 to be used to further develop recycling service in the County. WHEREAS, the Grantee, the City of Bayport, and the City of Oak Park Heights wish to conduct a joint drop-off recycling program with the Grantee coordinating the program. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. The term of the Agreement shall be from the date this Agreement is approved by the County Board to December 31, 2002. 2. The County's obligation: a. The County will pay the Grantee an amount equal to fifty cents per household which shall equal $2,899.00 as determined using the Metropolitan Council's 2000 Population Estimates. b. The County will pay the Grantee an amount equal to $382.00 which is the recycling grant allocation for the City of Bayport and $764.00 which is the recycling grant allocation for the City of Oak Park Heights based on the Metropolitan Council's 2000 Population Estimates. All grant funds received will be used to provide recycling services and public education as identified in Section 3.b of this Agreement. c. Indemnify and hold the Grantee harmless from any claims, suits, or damages . C:\MyFiles\DropOff Agreernents\2002 Stillwater DropOff-D02.wpd -1- t arising out of any act or omission of the County, its officers, employees, or agents in the performance of the services provided fOf by this Agreement. . 3. The Grantee's oblieation: a. The Grantee will sign a contract with a recycling contractor which specifies the responsibilities of each party and the rate of payment for drop-off services as provided by the contractor. If the total amount of funds are not used for drop-off services, they may be used for curbside recycling services. b. The Grantee will use all recycling grant money received in 2002, as a result of this Agreement, for recycling services and public education related to recycling. If all recycling funds are not used within the grant period, the Grantee must submit a plan to the County by December 15, 2002, which indicates how the funds will be used the following year. c. The Grantee will prepare and submit semiannual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 31, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semiannual reports will be made on a form provided by the County. . 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages and expenses which the County, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Grantee's performance or failure to adequately perform its obligations pursuant to this Agreement. b. The Grantee further agrees that in order to protect itself as well as the County under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force. 1. General liability insurance in the amounts of $300,000.00 for bodily injury or property damage to anyone person and $1,000,000.00 for total injuries or damages arising from anyone incident as required by the County. 2. Any policy obtained and maintained under this clause shall provide that -2- . I . . . it shall not be canceled, materially changed, or not renewed without thirty (30) days prior notice thereof to the County. A Certificate of Insurance evidencing this coverage must be provided to the County before this Agreement is effective. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Records Availability and Retention: Pursuant to Minnesota Statute 16B.06, Subd. 4, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. 7. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. -3- , 8. Nondiscrimination: . During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 9. Noncompliance by Grantee: lfthe County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the Department's legal remedies to recover grant fund. 10. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. . Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd St N, PO Box 3803, Stillwater, MN 55082-3803. 11. Merl:er and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -4- . J . . . IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE BY TITLE DATE FEDERAL ID # WASHINGTON COUNTY BY Mary McGlothlin, Director Department of Public Health and Environment DATE -5- RESOLUTION 2002-126' RESOLUTION APPROVING 2002 MEMORANDUM OF AGREEMENT FOR DROP OFF CENTER RECYCLING DISTRIBUTION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Washington County for the 2002 Drop Off Center Recycling Distribution, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 4th day of June, 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk \ . . . . . . Memorandum To: From: Date: Subject: Mayor and City Council Diane,Ward, City Clerk 5/20/2002 New On-sale Wine with Strong Beer Liquor License Cesares Wine Bar An application for a new on-sale wine with strong beer liquor license has been received from Bricco de Vino, Inc. (Leslie Alexander) at 102 2nd Street South (Gazette Building). According to City Code, Chapter 43, Section 43-73, a public hearing is required on the issuance of a new liquor license. Approval should be contingent upon filing all required documentation and final approval by Police, Fire, Inspection Departments and Minnesota Liquor Control. ACTION REQUIRED: If approved, Council should adopt Resolution No. 2002-_APPROVING NEW WINE LICENSE WITH STRONG BEER OPTION AND 3.2% MALT LIQUOR LICENSE FOR BRICCO 01 VINO, INC., DBA: CESARES WINE BAR. APPROVING NEW WINE LICENSE WITH STRONG BEER OPTION AND 3.2% MALT LIQUOR LICENSE FOR BRICCO DI VINO, INC., DBA: CESARES WINE BAR WHEREAS, a request has been received from Bricco Di Vino, Inc., DBA Cesares Wine Bar, for a Wine with Strong Beer Liquor License at 102 2nd Street South; and WHEREAS, anticipated opening of the establishment is the first week of September 1,2002; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a wine with strong beer liquor license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments and Minnesota Liquor Control. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Wine with Strong Beer Liquor License for Bricco Di Vino, Inc., DBA Cesares Wine Bar, at 102 2nd Street South. Adopted by Council this 4th day of June, 2002. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . 2. · Memo To: From: Date: Subject: Mayor and City Council " Steve Russell, Community Development Director." ..~ May 29, 2002 Street Vacation for a Portion of Right of Way behind 810 West Olive Street Planning Commission Review. The Planning Commission reviewed the request at their m~eting, of May 13, 2002 and denied the request (minutes attached). The Public Works Department strongly recommends against the vacation. Recommendation: Decision on the street vacation request. Attachments: CPC Staffreport and minutes of May 13, 2002. . . .. PLANNING APPLICATION REVIEW FORM CASE NO. SV {02-21 Planning Commission Date: May 13, 2002 Project Location: 810 West Olive,. Street. Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Tom Okerstrom Type of Application: Street vacation Project Description: A street vacation for a portion of right of way behind (north) of 810 West Olive Street. .', Discussion: The request.is to vacate a portion of Olive Street as shown on the attached plan. The request has bee~ reviewed by the public works department. They' recommend keeping the right of way for possible access to the ravine or other future public works improvements. Recommendation: Denial of request. Attachments: Letter of April 24, 2002 and application. CPC Action on'S/13/02: 4-S denial . . . ! . Planning Commission May 13, 2002 Meeting Minutes Members Present: Chair Russ Hultman, Robert Gag, Paul Teske, Darwin Wald, Glenna Bealka~ Karl Ranum, David Middleton, Dave Peroceshi, Terry Zoller, Council Representative ' The meeting was called to order at 7:00 p.m. by Russ Hultman. Approval of Minutes A motion was made by Darwin Wald and seconded by Dave Middleton to approve the April 15, 2002 minutes as read. All in favor. ' 1. Case No. V/02-20 Request for a variance to the setback (20 feet required, 0 feet requested) for the construction of a second exit at 270 North Main Street in the CBD,Central Business District. John Uppgren, applicant. ' Mr. Uppgren explained that the reason for this request was to, meet city code requirements calling for another exit from the Mulberry Point Antiques building. The fire escape does not apply to Minnesota standards as a required exit. The west side of the building could not be used for the new exit because of the handicap-accessible ramp. Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. . Terry Zoller stated thathe was in favor of this request because itis a safety issu~ and because the City's building official recommended it. Terry Zoller moved approval ofV/02-20. Paul Teske seconded the motion. Vote all in favor. Q Case No. SV/02-21. A street vacationofa30 foot alley betWeen South William Street ,and . ' V South EverettStreet between West Olive and West Myrtle Streets to. the rear of 8100live Street. Tom Okerstrom, applicant. Mr. Okerstrom stated that he is requesting this vacation because he wants to raise the grade and . sod this area to minimize erosion that is occurring. He also stated that people are dumping brush into the ravine, after crpssing his property. Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Terry Zoller mentioned that the city engineer does. not wish to see approval ofthis vacation. Steve Russell stated that the City is hesitant to grant vacations of this nature. The City would like to maintain its public access to ravines and other public easements for maintenance, etc. without having to obtain or buy the permission todo so. Mr.Waldstated that unfortunately, once a property is vacated, the City can not get it back without a price. Mr. Russell stated that this area of the ravine is posted but that the city could not really fence this area off. . Karl Ranum moved to approve recommendation of Case No. SV/02-21 to City Council. Second by Robert Gag. Vote four in favor, five opposed. Karl Ranum, Robert Gag, Glenna Bealka and . Dave Middleton voted in favor. Darwin Wald, Paul Teske, Terry Zoller, Dave Peroceshi and Russell Hultman opposed. Motion failed. The applicant chose to request this vacation from the Stillwater City Council. 3. Case No. V/02-22. A variance to the accessory uses requirements to maintain a 370 square foot existing garage (120 square feet maximum) and construct a new two-stall garage (624 square feet) located at 208 South 4th Street in the RB- Two Family Residential District. Craig and Sue Martin, applicants. Mr. Martin explained that he would like to attach a new garage to his house that would be in keeping with the style of the house. They would like to keep the existing garage structure (with improvements to its appearance) and remove another shed. They will still be under the 1,000 square foot cap set for outbuildings on property located in the City. Mr. Martin presented copies of a letter from the Martin-Cook family (neighbors). The letter states the neighbors' desire to see the existing garage stay because it gives them privacy and insulates them from traffic noise. Mr. Hultman opened the public hearing. Mr. Jim Martin, 225 West Chestnut reiterated his support of keeping the existing, unattached garage structure. Mr. Hultman closed the public hearing. . Terry Zoller moved approval of Case No. V /02-22 with three conditions. Second by Glenna Bealka. Vote all in favor. 4. Case No. V/02-23. A variance to the front yard setback (30 feet required, 24 feet requested to construct a porch and 2nd story on an existing house at 921 West Willard Street in the RB, Two Family Residential District. Mark and Janine McHenry, applicant. The applicants are seeking this variance to enhance the appearance oftheir home by adding an octagonal-shaped bay window to the front oftheir home. There is no sidewalk that this addition would interfere with and other homes in the neighborhood ate at the same depth that this addtion would bring the home out to. Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Robert Gag moved to approve Case No. V/02-23 with the three conditions of approval.. Second by Darwin Wald. Vote seven in favor, two opposed. S. Case No. SUP/02-24. A special use permit for the construction of a warehouse office building located at 1775 Industrial Boulevard in the BP-I, Business Park-Industrial District. Joe Peltier, applicant. . . . . TOM OKERSTROM E~ () C)L_1\/[~ S"TFE.ET' \/\/E-:2'T' ~.3Tj~__L\lj/l,TER. f\fijf'-Jf'~E:::,()Tl~ 55C)82 April 24, 2002 City Planning Commission City Of Stillwater . 216 North 4th Street Stillwater, MN 55082 Dear Planning Commission, Pr,.~r c.: t~ :__ L- < The purpose of this letter is to explain my petition to vacate the public street behind my property. This public street is an alley that stops behind my home, and is rightnext to a wooded ravine. I am requesting the street be vacated for two reasons: 1) To clean up the area by removing debris and fallen trees. This debris creates a safety hazard for the kids in the neighborhood that like to play next to and in the ravine. 2).' To level the grade, fill with dirt and sod the area. Drain tile would also be installed to handle the water flow and minimize soil erosion and water run off. Water collects in this area during the spring and heavy rain falls making the area quite muddy and unusable. Thank you for your consideration of this request. 1 Qtillwater "~- ~, THE.8IRTHPLACE OF MINNESOTA J 61//0;' -;</ L(!7g/0~ 71jO{) . . CITY OF STILLWATER PETITION TO VACA TEPUBLlC STREET The undersigned hereby petition that all that portion of De7)IC!./4rED . 5T/R$T p&.. "PLAT OF THtJA/lP .5#NPMK~ q..-- /J/IlJWER...'S SC<!.PIiDGD:JTJp/l/ abutting Lots /0 , Block ( BaN I-IEL/t4EJtC'5 . Addition, in the City of Stillwater, hereby be vacated. Name Address --r f ()/V\. t)KE1<.STR~M '$10 Ol.1VE:5rIfEEr' weT * Attach a map showing the street to be vacated Fee $100 Receipt No. CITY HALL 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 .- . .' . . . *--1 ! 50 i ~ ,......; (011~ 93 331' 46 1 401111) I I 80 5 "0112) r 8 ,10117) 126 d011t)1 2 33 I I i I ! 7 "0114) 126 10 9 .(0116) 126 126 11 40118) 12 .(0119) 126 1.(1122) 126 (0120) 13 104 126 , " 122 .i012~ '<t I I' I 10) 40 I ~I+~I ~ 13' 12 1 40008) I '(0007) I ! ! I . ~ l \ i1d, 40 4 OLIVE o lO o lO o lO o lO > W C/) o lO o lO o LO C'1 '<t 60 126 g0145) 126 8 1 126 1ldl04) 126 1 ~105) 126 14 126 40 DEDICATED STREET PER PLAT ( S71!.EET WE5T j' I 40 I 4f 1d I I 40018 i i (f017) I I 15\..'114 113 j1211 I I .<0016)1 .<0015 I' I I _ !,q 140+1::0 i1(~ 40 , ~o I I I 50 ~ ...- ' I I 11 ' 10 40 I 40.J-r40 tOST 11 I 10 9 "0014) ,s0013) ! l 2 40 , I 50 ~ 9 I 8 "0103) I~ "0105) i 01 ~II ~I -- 1 .(0104) o '<t ..- 2 o '<t ..- 40 50 40 LW 8 ,(0012) 40 50 7 ,(0102) 0 '<t ..- 6 : : ~:O ,,00031 ,,(0002J I \ i ITIPN 40140 40 40 I 40~0 1 TR 7 6 5 "0011) 40 4 ,,0010 40 40 30 10 50 50 40 51 5 4 "0101) o 0 '<t '<t ..- ..- SErO~] OAK ., IUIW R.:!tlW RI9W TI2N n2N "0 R22W R21W JUow Vicinily Map :\ w--={~4---' 'T o 82 ~ Scale in Feet ~ " ,j Thlsdfawingi$lhefllo$Ullofac:ompllation andr.prvdudianofl"""'nK:QIlS5uthey appear in various W<a'hington County DIf_. 1lModr.awingst>ouJdbeusedforrllf~ purpo:n;Mon!y, washiftgIonCounlyisnol I8Spom;bIe'lIIany~. Soun;..:WasninglonCllul'>lySUrve)'O"sOlfIe8 Ph<>ne1651}430-667S ParaIldalabasedonAS400inlorma\Kln Cl.lmtnlll'n:>\lgh:FItbr\JaOY28.2l102 Uapptirlled: April 12. 2002 ,,.2 · Memo To: From: Date: Subject: Mayor and City Council ~." Steve Russell, Community Development Director ,- May 29, 2002 Appeal of Planning Commission's Denial of Special Use Permit and Variance to the Distance Separation Requirements (555 feet Requested, 900 feet Required) from another Bed and Breakfast. Tom and Anita Komwolf, applicants. Case No. SUPN/02-26 Planning Commission Review. The Planning Commission reviewed this variance request at their meeting of May 13, 2002 (minutes attached). After hearing the item, the Commission felt that the exiting regulations and separation requirement should be upheld and the variance denied. The Bed and Breakfast Ordinance was developed by the Planning Commission with Bed and Breakfast input. They felt conditions have not changed since that time and the separation was appropriate. The Commission denied the request. . Appeal. The applicant appealed the Planning Commission's decision (letter of appeal attached) and requested a continuance to the July Council meeting to allow more time (letter attached). Public Hearing. This item has been advertised for public hearing. The request for continuance was received after notice. Recommendation. Consideration of appeal or continue public hearing to July 2, 2002. Attachments: . Staff report and minutes ofCPC, May 13,2002 Letter of Appeal, May 21,2002 Request for continuance, May 24, 2002 The Lammers House, National Register Historical Site Tim KomwoIf . r:-..~-- ifD"~~ (c._ 1,: ~~,-< . , '/ ~l L I if r '. ,. MAY 2. I 2002 Ii ; \ ; I"~ nl'\i ' "./. ,w l..: --. ""o-------.:~ I L i -. ~, May 21,2002 To The Mayor and City Counsel: I Tim KomwoIf along with my wife Anita wish to appeal the decision of May 13th, 2002 by the Planning Commission regarding a variance for a bed and breakfast licence at 1306 3m Street South, Stillwater, MN 55082 Sincerely, (/2~~ ~ Tim & Anita Komwolf . . 1306 3rd Street South. Stillwater, MN 55082.651-351-7100 LAW OFFICES OF . Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. James F. Lammers Robert G. Briggs * MarkJ. Vierling -~ Thomas J. Weidner-~ Susan D. Olson ~ ' David K. Snyder TImothy M Kelley Sean P. Stokes 1835 Northwestern Avenue Stillwater, Minnesota 55082 Paul A Wolff (1944-1996) (651) 439-2878 FAX (651) 439-2923 Lyle J. Eckberg Of Counsel -Qualified Neutraf Arbitrator * CertifIed Real Estate Specialist ~Qualified Neutral Mediator Direct Dial No: (651) 351-2112 May 24, 2002 Sue Fitzgerald City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Tim and Anita Kornwolf The Lammers House Bed and Breakfast Permit Application Dear Sue: . This office through the undersigned represents Tim and Anita Kornwolf in connection with their application for a permit to operate a bed and breakfast at 1306 Third Street South in Stillwater at the historical Lammers house. As you are aware, Tim and Anita have applied for a variance from the 900-foot distance clause in your Ordinance. I understand that a hearing on this application is to be held by the City Council in early June. On behalf of the Kornwolfs, I respectfully request that you continue this hearing until the July Council Meeting to permit us a little bit of additional time. I trust that this meets with your schedule, if, however it does not, please notify me and obviously we will do whatever is needed to attend a meeting when the Council's agenda best permits it. Thank you for your assistance with this matter. Sincerely, e~i DKS/kn c: Tim and Anita Komwolf . Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. . Terry Zoller moved to recommend Special Use Permit/02-24 with conditions as set. Second by Robert Gag. Vote all in favor. 6. Case No. SUPNI02-25. A special use permit and variance to the lot size to construct a duplex on a 34,359 square foot lot (35,000 squaarefeet required) with an existing 5-unitapartment building at 516 West Myrtle Street in the RB, Two Family Residential District. Steve Throne, applicant. Mr. Throne explained Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Dave Middleton moved to table SUPN102-25 until the June 10,2002 meeting. Second by Glenna Bealka. Vote all in favor. 7. Case No. SUPNI02-26. A variance to the Bed and Breakfast Ordinance for the required distance separation (900 feet required, 555 feet requested) from another bed and breakfast establishment and a special use permit for a bed and breakfast for the Lammers House, located at 1306 3rd Street South in the RB, Two Family Residential District. Tim and Anita Komwolf, applicants. The Komwolfs explained their special use permit and variance requests. . Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Karl Ranum moved to recommend SUPNI02-26. Second by David Peroceshi. Vote 3 in favor, 6 opposed. 8. Case No. SUP/02-27. A special use permit for the construction of a funeral home located at the corner of 62nd Street North and Curve Crest Boulevard in the CRD, Campus Research and Development District. James Bradshaw, applicant represented by Kelly Davis of SALA Architects, Inc. Mr. Davis explained Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Motion by Karl Ranum to recommend SUP/02-27. Second by Darwin Waldo Vote all in favor. 9. Case No. V/02-28. A variance to the front yard setback (15 feet required, 3 feet requested) for the placement ofa sign at 214 North 3rd Street in the PA, Public Administrative Office District. Ascension Episcopal Church, applicant. Mr. explained . . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUP/V/02-26 Planning Commission Date: May 13, 2002 Project Location: 1306 Third Street South Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Tim and Anita Kornwolf Type of Application: Special Use Permit and a Variance Project Description: The request is a special use permit for a bed and breakfast and variance to distance separation requirements for bed and breakfast uses. Discussion: The request is to convert an existing single family residence into a four room bed and breakfast. As indicated in the application, the proposed use does not meet the separation requirement of 900 feet for bed and breakfasts. The Heirloom Inn is located 555 feet from the proposed bed and breakfast site. The City received a similar request for the residence in 1993 when the owner at that time was trying to sell the house. This application was reviewed by the Heritage Preservation Commission and approved as meeting the criteria of a bed and breakfast. The Heritage Preservation Commission does not review variances. In conclusion, the house is an excellent example of an historic Stillwater residence, however, it does not meet the separation requirements for bed and breakfasts.The reason for the requirement is to limit the commercial impact of bed and breakfasts on residential neighborhoods. Recommendation: Denial. Findings: Another Bed and Breakfast is located within three blocks (900 feet) from another Bed and Breakfast. Attachments: Application package Conditions of Approval Case No. SUP/V/93-39 4. 5. 6. 7. 8. 9. 10. 11. 12. \ ~ 1. The Special Use Permit is not transferable. New property owners/ managers . shall require a new Special Use Permit. The manager of the residence shall live on the site. Before use as a Bed and Breakfast, the building and cooking facilities shall be approved by the County Health Officer, Fire Marshall and City Building Official and a Certificate of Occupancy received by the Community Development Director. A parking lot shall be constructed on-site. One parking space for each guest room shall be set aside and marked "FOR GUESTS ONLY". Additional spaces shall be available for owners use. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the general public). No liquor shall be sold on the premises. One four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). Adequate pedestrian scale lighting shall be provided between the inn and parking area and not shine on adjacent residences. No general external lighting of the site that may impact the surrounding residential area is allowed. The Bed and Breakfast use permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the Bed and Breakfast use are received by the Community Development Director. Any modifications to the home, including additional bathrooms, shall be reviewed . by the Heritage Preservation Commission upon receipt of plans by the Stillwater Building Official. The swimming pool shall not be used by bed and breakfast quests. 2. 3. CPC Action on 5/13/02: Denied 6-3. . ~/ 9ffJ l.,A - 4-..so - ~3 z...:! Case No: ,:5oiff)). - ~ Date Filed: S(~.m,';{ Fee Paid: -# ~.tJC) Receipt No.: . COMMUNITY DEVELOPMENT'DEPARTMENT " " CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 PLANNING ADMINISTRATION FORM ACTION REQUESTED Fees "'-spec, iaVConditional, Use Pen:nit . k5rv20~' ~ Variance i16i200 _Resubdivision. $100 _Subdivision* $100+50110 _Comprehensive Plan Amendment. $500 _Zoning Amendment. $300 _Planning Unit Development * $500 _Certificate of Compliance $70 _Design Review $25 *An escrow fee is also required to the costs of attorney and engineering fees (see attached) The applicant Is responsible for the completeness and accuracy of all forms and supporting material submitted In connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater A site plan Is required with applications. Any Incomplete application or supporting material will delay application process. PROPERTY IDENTIFICATION . Address of Project.t30h 3re.o Sf: fD ~ Assessor's Parcel No.~~/#/~b IJ t1 " (GEO Code) Zoning District~ Description of Project -/ hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to file best of my knowledge and belief, true and correct. / further certify / will comply with fi . permlt/fltls ~ and used.. . I/.. . Property Owner /J 1-1-.t {lv:;r; fl 0 ./fJ,l tA9&tf::" Representative Mailing Address J'5D~'3l2.D sr: b 9 1 Mailing Address City - State - ZiR- City - State - Zip, Telephone No. Telephone No. ~~ Signature Signature o PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area _ square feet No. of off-street parking spaces . Lot Size (dimensions) _ x_ Land Area Height of Buildings: Stories Feet Principal Accessory H:\mcnamara\sheila\PLANAPP.FRM June 22, 2000 1r The Lammers House, National Register Historical Site Tim Kornwolf . April 26, 2002 To The City of Stillwater My name is Tim Kornwolf and I live at 1306 3rd Street South in Stillwater. I own and live in what is known as the Albert Lammers House. The house is listed on the registers of the State and National Registers of Historic Places. I have restored every inch of this Historical property inside and out includiJ:1g the grounds to its original splendor. Last year my wife Anita and I listed our home for sale in May of2001 until the end of February 2002 without selling it. In order to maintain and own the large property we must look for alternate income. Our desire is to operate a portion of the property as a Bed & Breakfast. I amply meet all the requirements in ordinance #768 of the city code. The home has six original bedrooms of which I propose to use a maximum of four bedrooms for the Bed & Breakfast. All four bedrooms have private full baths. The fmished square feet of the house is 5300 sq. ft. The lot size is 132' x 134' totaling 17,688 square feet. A diagram of the property site is attached. The property is totaIlyfenced and gated with iron fence of the period. The driveway and parking is . entirely cement and 2163 square feet. It is capable of parking, off street, six cars each being.able to independently enter and exit without moving other vehicles., We have already been inspected and approved by the Washington County Department of Health and Environment of which I have attached a copy of the letter of approval. The property is monitored with a fire-temperature and intrusion systems monitored by ADT Security Systems. I am applying for a variance in the present 900 foot distance clause in ordinance #768,31.01, Subdivision 25 (F) #3 for the following reasons. I am 555 feet away from an existing Bed & Breakfast called the Heirloom Inn. This is a small property which is only operating oil a very limited basis at best. Not the way they are meant to be run but rather mainly renting to a repeat single roomer. They are depriving me of operating a Bed & Breakfast. I feel my property considering its historical importance and our business and communication skills of over 40 years will be an asset to the City of Stillwater andits Tourism and business community. I can and will meet every other requirement required. . Htt ~AW'{. . 1306 3"' Street South. Stillwater, MN 55082. 651-351-7100 . Stillwater, Queen City on the St. Croix Albert Lammers was the giant of Stillwater's 19th Century lumber barons. The Lammers House, built in 1893, was the most extravagantly designed of Stillwater's Queen Anne residence. It's cruciform plan and pronounced gables lock it onto a prominent site well away from the heart of the city. Within the balanced ordering of each facade lurks an opulence of fonn and exotic detail. The walls undulate from bay to bay and a elegantly carved seashell balcony curves out from the main gable. The entry portico sports pendants as well as the obligatory carved tympanum and two towers thrust up from either side of the front. The roof is decorated with a cresting derived from norse dragon lodges. For all it's exoticism, the design also expresses the resurgent classicism in American architecture. The wrap-around veranda dispenses with bric-a-brac and offers instead a blank parapet wall and finely turned paired classical columns. The sumptuous interior finish plays with a variety of classical motifs. Minnesota Historical Society Report Number 163-87-1149 . . W.t1SHINGTON COL~.~TY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT GOVERNMENT CENTER 14949 62NO STREET NORTH. P. O. BOX 3803 . STillWATER, MINNESOTA 55082-3803 Office: (651) 430-6655 . TOO (651) 439-3220 . Facsimile Machine: (651) 430-6730 March 26, 2002 Tim Kornwolf 1306 3rd Street South Stillwater, MN 55082 Dear Mr. Kornwolf: This letter is to follow-up on the inspection that was conducted on March 21,2002 to determine what would need to be done to your home in order to become a bed & breakfast. At this time there are no corrections that need to be done in order to have the home be a bed & breakfast with five or fewer bedrooms with the capacity to serve ten or fewer guests. Ifthere are going to be more than five bedrooms, the kitchen equipment and room finishes would need to be changed so they comply with the Washington County Food Code Ordinance. As we discussed, the swimming pool would notbe allowed to be used for guests unless it meets the construction requirements of the Washington County Public Pool Ordinance. This would be allowed for the private use of the operator of the bed & breakfast only. If the home is to be turned into a bed & breakfast, approval from the City of Stillwater must be obtained. Once the City has given approval, a license application and fee will need to be submitted to this department prior to operation as a bed & br~akfast. If changes are made to the home, they must be pre-approved by this department before it can be a bed & breakfast. If you have any questions, or ifprospective buyers have questions, please contact me at 651-430-6698. Sincerely, ~r.~~ Environmental Coordinator Printed on Recycled ~aper EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION ~ Mary L. M~GI(}lhhn [)irc~t(}r . . . . fRiJPDStrD $/W .fCAGEE-V D~ THG J.jD'flTH 5~Y PILtI1JL .JUbl 1J^l[)g~ THE. /J..]/Nr>F.d) GrE,/ ~r&.N Q'I\J 3en S1:-- S /2,1;; : J~ /Iff} LL- )( / }< II WI [)F; -r -BX1: r!-It M 11 eRE~j lic2u f;FJ;!J "-1 IJIA HPLE. : l.fJMMee:s House :r IJ II . . ~ ~ )2,' , II ' /1f1 est-! .s~ /3'1 I s:.ALE : %bP === j/ ..~ . . ./ . . . . . . I : I : i Garage 30' 29' V Bath Mudroom 7 ' 22! Den Kitchen 21' Dining Room; Family Room ~I Living' Room 16' .. 1 I ; 9'---.t1; 7' .' : Open Porch . . ! ; , A -----:---'t:- ~-- --_. 6'-;( V~;.. 1 ; I 29' , . , Porch Bath BEiD~ Bedroom Bedroom Bedroom 31' ,l : ' . ' 7' 50' - . 2ND LEVEL . . V~,.,. . . . . . } \ 3RD LEVEL Bath 6' Kitchenette 20' 5' Den 30' 18' Bedroom Recr ational Room .. . I I J i I 50' .. MAGNUSONLAWFlRM LICENSED IN MINNESOTA AND WISCONSIN . THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE#202. P.O. Box 438 . STILLWATER,MN55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: May 29,2002 RE: Burlington Northern City Staff and representatives ofthe Burlington Northern and Santa Fe Railway Company met to discuss the possibility of the City's purchase of the land adjacent to the railroad tracks and . north of Mulberry Street. At the meeting, the Railroad indicated its willingness to at least discuss the acquisition by the City of all the Railroad property in the downtown and the concept of hiring one appraiser to find a price for this property had merit. The appraiser Mike Bettendorf was chosen and the attached agreement negotiated between City Staff and representatives and Bruce Opp of Staubach Global Services, agent for the Railroad. You will notice that either party may terminate the agreement at any time if negotiations do not prove satisfactory. City Staff believes the idea has merit, however, we also believe that the City's share of appraisal costs will be $1,900.00. Respectfully, ~agnu 0 Stillwater City Ai rney DTM/nm Enclosure . .. . COOPERATIVE AGREEMENT between THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA and STAUBACH GLOBAL SERVICES, AS AGENT OF . THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY . .' . This Agreement is made this _ day of May, 2002 between the CITY OF STILLWATER, Washington County, Minnesota (City) and The BURLINGTON NORmERN AND SANTA FE RAILWAY COMPANY, by their Agent STAUBACH GLOBAL SERVICES ("Railroad"). I. The Railroad maintains trackage and other real estate within the City and is anticipating abandoning active trackage within the City and divestiture of other non-operating property within the City as well. 2. The City has, from time to time, purchased tracts of land from the Railroad and the parties believe that a cooperative spirit has grown between the two entities. 3. Since the Railroad has expressed a desire to divest itself of property within the City and the City has expressed its desire to acquire this property from the Railroad, the parties, by this Agreement, wish to facilitate and promote the sale and purchase and, for that reason, . make this Agreement. 4. The parties agree to retain the services of Michael Bettendorf, a qualified real estate appraiser (the "Appraiser"), to conduct an appraisal of all real estate and personal property owned by the Railroad within the City limits of the City that lie south of the center line of Laurel Street in the City. The property includes any property, whether operating property or nonoperating property, except for railroad tracks which will not be a part of the appraisal. 5. A value will be assigned by the Appraiser of all of the property subject to the existing operating track in place, with an easement in perpetuity to the operation of the Railroad over the trackage. 6. The cost of the appraisal will be borne equally by the parties. The Appraiser will arrange to bill the Railroad and City directly for their one-half of the appraisal cost. . 7. Each party will have sixty (60) days from the date of delivery of the appraisal to each party to object in writing to the other party. The objection will allow the objecting party to obtain an independent appraisal at their own costs and continue negotiation with the other party in an effort to arrive at a negotiated sale price for the property, or in lieu thereof, the objecting party may terminate negotiations and neither party will be obligated to buy or sell. 8. If neither party objects within sixty (60) days, the sale price will be binding upon both parties and they agree within fifteen (15) days thereafter to execute a real estate purchase and sale agreement on the Railroad's standard form for a closing within sixty (60) days thereafter. IN WITNESS WHEREOF, the parties have set their hands this _ day of May, 2002. CITY OF STILLWATER By: Its: THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY By Their Agent Staubach Global Services By: Its: ... ". . . . . RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH ST AUBACH GLOBAL SERVICES AS AGENT OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Staubach Global Services as Agent of the Burlington Northern and Santa Fe Railway Company for retaining the services of Michael Bettendorf to conduct an appraisal of all real estate and personal property owned by the railroad within the City limits of the City that lie south of the center line of Laurel Street, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 4th day of June, 2002. Jay L. Kimble, Mayor . ATTEST: Diane F. Ward, City Clerk . . Met110randum To: Mayor and City Council From: KI~yton Eckles, City Engineer K~ May 31,2002 Date: Subject: Update on North Hill Project DISCUSSION . As part of the 2002 Legislative Session, we requested 1.3 million dollars of funding for the North Hill project. Both the House and Senate approved the request. Unfortunately the Governor vetoed our bill. There is still some hope that reintroduction of the bill could result in approval next year. In the mean time the City needs to make some decisions on the' direction ofthe North Hill project. The public hearing for the North Hill projectwas held last July. The result of the public hearing was the City Council closed the public hearing and ordered staff to prepare preliminary plans and search out funding options. State statue provides that the City has one year from the time of the hearing to order an improvement. Failure to do so results in the original hearing becoming null and void. Therefore, at this pointthe City essentially has three options. First option would be to order the improvement or portion thereof prior to July. The second option would be to continue forward with preliminary design and wait to hold a new hearing next year after the results of the legislative session. The third option would be to move forward with the project with no funding assistance. The first option to go forward with the project in some manner could result in reducing our ability to obtain special legislation for state funding assistance. An alternative might be to break the project into two separate segments. Doing so would allow construction ofthe trunk utilities along Highway 95 this year. This alternative would require the u.se of bonds that would, for the short term, be subject to the City's debt limit. The trunk utility project would not result in 20% of the project being assessed: However the trunk utility project could potentially be merged with the greater project in the future and then improvement' bonds used for that entire project. . The second option the City could pursue would involve working to get special legislation for funding assistance from the State next year and at the same time we would continue to work on the design of the project. This would result in a project that could b,ebuilt, in the late 2003 and 2004 construction season. New public hearings would be required. , Alternatively the City could pass a resolution ordering the improvement SUBJECT TO RECEIVING 1.3 MILLION IN STATE ASSISTANCE. This would not jeopardize our chances, but would avoid the need of a hearing, and allow completion of plans. The third option is simply to give up on the possibility of state funding. In this case, the City Council could order the project now and the project could proceed. May 31,2002 RECOMMENDATION It appears there is still strong support from our representatives to go forward on the request for state funding. The upcoming elections could have a significant bearing on our future success. Some of the new candidates for governor have indicated a willingness to approve those projects that were vetoed under the current administration. Therefore it seems prudent to insure that we do not eliminate opportunities for obtaining state funding next funding cycle. The best option then might be to provisionally order the project. ACTION REQUIRED Council should provide direction to st~ff regarding the next step on the North Hill project. If Council goes with staff s recommendation, Council will need to pass a resolution ordering the North Hill improvement project subject to receiving $1.3 million in state assistance. 2 . . . . Memorandutn To: From: Mayor and City Council Klayton Eckles, City Engineer )L c / May 30, 2002 Date: Subject: Bid Results The bid opening for the McKusick Ravine Storm Sewer Improvements will be on Monday, June 3m and the bid opening for the 2002 Seal Coat Project willbe on Tuesday, June 5th. Staff will have a bid results available for both projects on Tuesday evening at the Council meeting. . . . .. . MEMORANDUM TO: Mayor and City Council Shawn Sanders, ~. City Engineer FROM: DATE: June 4, 2002 RE: 2002 Street Seal Coat-Project 2002-03 DISCUSSION: Bids were opening today for the 2002 Street Seal Coat Project. We received four bids with the low bidder, Allied Blacktop of Maple Grove submitting a bid of $145,596.00.. The engineer's estimate for the project was $190,000.00. This project was bid with two other cities, Bayport and Oak Park Heights. Each city will be. responsible for their share of the costs. Our costs based on the bid prices amounts to $58,951.20. The seal coat project had $80,000 budgeted for 2002. Since the bid pncescame inl6wer than expected, we will probably add a few more streets to this year's project. RECOMMENDATION: It is recommended. that Council accept the bids, and award the contract to Allied Blacktop Co. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion ACCEPTING BID AND AWARDING CONTRACT FOR 2002 SEAL COAT PROJECT (pROJECT 2002-03) ACCEPTING BID AND AWARDING CONTRACT FOR 2002 SEAL COAT PROJECT (Project 2002-03) . WHEREAS, pursuant to an advertisel11ent for bids for the 2002 Seal Coat Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Allied Blacktop Co., Maple Grove, M~nnesota $14~,596.00 Pearson Bros. Inc., Loretto, Minnesota Caldwell Asphalt Co., Inc., Hawick, Minnesota $164,521.52 $192,235.04 Astech Corp., St. Cloud, Minneso~a $201,203.46 $190,000.00 ENGINEER'S ESTIMATE and WHEREAS, it appears that Allied Blacktop Co., Maple Grove, Minnesota is the lowest . responsible bidder. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: . , 1. The Mayor and Clerk are hereby authorized and directed,to enter into a contract with Allied Blacktop Co., Maple Grove, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore, approved by the City' Council and on file in the office of the City Clerk. ' 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 4th day of June 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . MeI110randum To: Mayor and City Council .-/ Klayton Eckles, City Engineer JLe June 4, 2002 From: Date: Subject: Results of the bids for McKusick Lake Diversion Project (project 2002-04) DISCUSSION Bids were opened on Monday, June 3, 2002, for McKusick Lake Diversion Project. Engineers estimate was $1,547,030.97. Bids received were as follows: Veit & Company Inc. Arndt Construction Co. Inc. Tower Asphalt Inc. Lametti & Sons Inc. $1,547,848.35 $1,743,091.75 $1,890,365.70 $1,917,757.00 . Veit was the low bid and was very close to the Engineer's estimate. However upon reviewing their bid it was found that there were significant irregularities in the bid document. Specifically the bidder failed to provide unit pricing for all of the items on the bid document. Such a shortfall invalidates the bid. Since the low bidder is invalid and the next lowest bidder is $200,000 higher and there were only a total of 4 bidders on this project, a re-bidding may be warranted. By re-bidding we can restructure the bidding documents to eliminate some items from this project that pipe and earthwork contractors generally do not like to bid on. These items could be put out for bid separately to specialty contractors. Also it appears the completion date proposed was a problem for some ofthe bidders. By adjusting the completion date to give additional time we may garner more bids on this project. RECOMMENDATION Since the low bid had irregularities, and the second low bid was significantly above the engineers estimate and the low bid, City staff recommends that Council reject all bids on the McKusick Lake Diversion Project at this time and authorize staff to make changes to the plans and specifications and re-bid the project. ACTION REQUIRED If Council agrees with staff recommendation, Council should pass a resolution rejecting all bids and pass a resolution authorizing the re-advertisement of the McKusick Lake Diversion . ACCEPTING AND REJECTING BIDS AND AUTHORIZING RE-ADVERTISMENT FOR THE MCKUSICK LAKE DIVERSION PROJECT (Project 2002-04) . WHEREAS, pursuant to an advertisement for bids for the McKusick Lake Diversion Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER Veit & Company Inc., Rogers, Minnesota Arndt Construction Company Inc., Hugo, Minnesota Tower Asphalt Inc., Lakeland, Minnesota Lametti & Sons Inc., Hugo, Minnesota ENGINEER'S ESTIMATE BID AMOUNT $1,547,848.35 $1,743,091.75 $1,890,365.70 $1,917,757.00 $1,547,030.97 and WHEREAS, it appears that Veit & Company Inc. is the lowest bidder however upon reviewing bid, it was found that there were irregularities in their bid documents and therefore rejected. The lowest responsible bidder, Arndt Construction Company, is higher than the engineer's estimate. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and City Council shall accept and reject all bids for the McKusick Lake Diversion . Project. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids. 3. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk, at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at a future regular Council meeting in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount ofthe bid. Adopted by the City Council this 4th day of June 2002. ATTEST: Jay Kimble, Mayor . Diane Ward, City Clerk ':4r , . . MEMORANDUM TO: Mayor and City Council 96 Shawn Sanders, Assistant City Engineer FROM: DATE: May 28, 2002 SUBJECT: 2002 Sidewalk Rehabilitation Feasibility Report (project 2002-11) DISCUSSION As part of the City's 2002 improvements, it is proposed to have a sidewalk rehabilitation project this summer. Criteria used in inspection include sidewalks that are severely cracked, heaved or settled, or misaligned, such that they may cause people to trip. This year's project will focus in areas scattered all over town. (See attached map). There are 56 properties with approximately 13,000 square feet of sidewalk rehabilitation. The estimated total cost of the project is $98,284.00. This costs includes all work associated to remove, replace sidewalk, restoration, engineering, inspection and administration. It is proposed to assess $49,142.00 to the affected property owners, with the remaining share being paid for by the City. Property owners would have up until the time construction starts to replace the sidewalk on their own or else they would be included as part of our project and be assessed for their portion of the project costs. If the feasibility report were approved at the June 4th Council Meeting, the timeline for the project would be as follows: Public Hearing Award Contract Begin Construction Assessment Hearing July 2, 2002 August 6, 2002 August 15,2002 October 15, 2002 RECOMMENDATION It is recommended that Council approve the feasibility report for the 2002 Sidewalk Rehabilitation Project and order the public hearing to be scheduled for July 2, 2002 ACTION REQIRED If council concurs with the recommendation, they should pass a motion adopting Resolution No. 2002- Receiving Report and Calling Hearing on 2002 Sidewalk Rehabilitation . Project (Project 2002-11) RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2002 SIDEWALK REHABILITATION PROJECT (PROJECT 2002-11) WHEREAS, pursuant toresolution of the council adopted May 21,2002, a report has been prepared by the City Engineer with reference to the 2002 Sidewalk Rehabilitation Improvement; and WlIEREAS, the report provides infoImation regarding whether the proposed project is,. necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements, inaccordarice with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $98,284.00 2. A public Hearing shall be held on such proposed improvement on the 2nd day of July 2002, at the Stillwater City Hall Council Chambers at 7:00p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 4th day of June 2002. Jay L. Kimble, Mayor ' ATTEST: Diane F. Ward, City Clerk ...' ~ . . . Gol f Course 1615 6 1611 1605 1575 1~24 .... 1511 151 ~ .... .504 "" .... V! 14e2 ~ x 1414 ~ ~5 1020 1013 1007 1001 928 927 . 918 917 Stonll Brlclgll .... L.J 917 Ellll'lllnto.ry School ~ .... 905 900 V! 219 =:]919 813 125 ~. :'1 . r< t- " Stillwater Junior HIQh School .... w W Q: .... C;l :I: l- X Iii :r I- :> o "" :I: I- :> o "" Iml'''U ~ 1503 ." r- 11 , .. ~ Eler" 2300 2400 1144 "'ILD 1133 1&75 1148 '\ -;; ; NI (:) , ~I,~ ~tt~ _ 022t ,att ZOCi lEI 'lOCI ;IEl ,,~ - 2Et 22EI _ L..-.. ,(}t t 80..t n If)T. :;; ; ~ ....' 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SOl> ~I~ T~ ;; UlX, ~l c \. d d Lll>l - r g ~ a:Cl. 61E ~l"l C2t! ~ ~tl~l~ .. lttt~ 2t ~2"1 -I--- BOSl EOSI i!l! <D ;1 101> 20"t ---,--J M M 0 OISt . - ~l~ "~ liSt 02St M - -~' 0 - - . . - - .;s 102 ~ ~ 12St I!!! )lJ !I~ . . ZSl!!! N ~ ;; w N "" *'~ <D ~ E191:g 2i :g d 29t _I~ 619 '1S ('l <D A31 ~~~'g ~ r "N ~I~~i~ ~ I- ..h - I:: ~~~q?J~~ -;; <. - . 0 CD 0 Wi Wi If) .... - " ~ Wi Wi >- \. d -to C Qj E: Go W ,~ , (I . . . MEMORANDUM March 18, 2002 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Appointment to Downtown Parking Commission DISCUSSION: This commission has three (3) terms that expired o'n January' 1, 2002 and NIL Dave Swanson has resigned. We haveadvertisedinJhe newspapers and City newsletters and have only received the attached reappointment letter from Ms. Jocelyn Tilsen. Ms. Tilsen has continued to attend the Downtown Parking Commission meetings. RECOMMENDATION: I recommend that Ms. Jocelyn Tilsen be reappointed to the Downtown Parking, Commission and that staff continue to advertise the commission's openings: ACTION REQUIRED: If Council concurs with.the recommendation, they should pass a motion adopting Resolution 2002-_. REAPPOINTING JOCELYN TILSEN TO THE DOWNTOWN PARKING COMMISSION ' - \0 '. ~~J +r1Yl^: J~~n --r;/seh ~" , . ~~()..M JlR.6ff~ j/lAL iv Ut 'S~ 'D0'wY\,~ ~ ' _ . ~ ~d1 ~ ~ ~ ALO-f.~ ~Q ~ . . .,;" ~, . . . REAPPOINTING JOCELYN TllSEN TO THE DOWNTOWN PARKING'COMMI~SION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappoints Jocelyn Tilsen to the Downtown Parking Commission, which expires on January 1, 2004. Adopted by Council this' 4th day of June, 2002. Jay L Kimble, Mayor Attest: Diane F. Ward, City Clerk ~-- "/ . To: From: Date: WASHINGTON COUNTY COMMUNITY SERVICES DEPARTMENT GOVERNMENT CENTER 14949 62ND STREET NORTH. P.O. BOX 30 . STillWATER, MINNESOTA 55082-0030 CENTER office (651) 430-6455 . Facsimile Machine (651) 430-6636 ',', .. (ir [;u . t:'t'fV ~ I WORKFORCE John Swanson, US Dept. of Housing and Urban Development Suzanne Warren, City of Oakdale Teresa vanderBent, Two Rivers Community Land Trust Steve Russell, City of Stillwater Marty Jurgensen, City of Woodbury Barbara Dacy, Washington County HRA Bob Hudson, WBHome, Inc. Mark Doneux, Washington Soil and Water Conservation Distri<.:t Dennis Gimmestad, Minnesota Historical Society, State Historic Preservation Office Sarah D. Hoffmann, Minnesota DNR, Natural Heritage and Nongame Research,Program Martina J ohntz Vfa, May 30, 2002 Re: Notices for Community Development Block Grant projects . Enclosed for yo~r information are notice(s) for Washington County Community Development Block Grant (CDBG) project(s), including Notice of finding of no significant impadandNotice ofihtent to request release of funds, for: ' , o Oakdale Affordable Housing, 6279 50th St. N~, Oakdale, MN ){ South Hill Park Improvements, Orleans and 61h,Stillwater, MN o Tamarack Village West Townhomes, Tamarack Village Outlot B, WoodduckDr., Woodbury, MN I~you have any questions regarding the Environmental Assessments for these projects, I can be rcachedat (651) 430-6020 or through e-mail atmartina.johntz@co.washington.mn.us. . " EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION , 4l. " WASHINGTON COUNTY NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS . May 31,2002 Washington County Community Services 14949 62nd St. N., PO Box 30 Stillwater, MN 55082-0030 651-430-6020 Description of Proiect Washington County and the City of Stillwater are seeking to improve the park located at Orleans St. E. and 6th Ave. S., Stillwater, through the acquisition and installation of playground equipment, including a play structure, seesaw and swings. REQUEST FOR RELEASE OF FUNDS On or about June 16,2002 Washington County will submit a request to the US Department of Housing and Urban Development (BUD) certifying compliance with BUD environmental procedures. This process will complete requirements pursuant to the National Environmental Policy Act and related statutory authority (see 24 CFR 58.5 and 58.6) for the release of funds under various . BUD funding authorities to undertake a project known as South Hill Neighborhood Park Improvements, for the purpose of acquiring and installing playground equipment at the park located at Orleans St. E. and 6th Ave. S., Stillwater, MN 55082. FINDING OF NO SIGNIFICANT IMPACT Washington County has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act (NEP A) of 1969 is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the Washington County Community Services Department and may be examined on weekdays from 7:30 a.m. to 4:30 p.m. PUBLIC COMMENTS Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to Martina 10hntz, Washington County Community Services, 14949 62nd St. N., PO Box 30, Stillwater, MN 55082-0030. All comments received by June 15, 2002 will be considered by Washington County prior to finalizing its Finding of No Significant Impact and prior to the County's submission of a certification and request for release of funds to BUD. Comments should be as specific as possible. . MEMO . TO: FROM: DATE: RE: The Policy Advisory Committee Jeanne M. Anderson, 1109 South 4th Street, Stillwater, MN55082,(W) 430-8457 5/29/02 SRF /MnDOT's 3 Highway Options Create Double Traffic Flow the South Hill Neighborhood How is MnDOT going to protect the Stillwater neighborhoods froin overflow traffic from Highway 36? I want to know. I've been studying the results of the 3 highway 36 design Options studied by SRF for MnDOT. My first observation is that the information given is very difficult to understand, absorb, or interpret. At the meetings, I can't read the numbers on the charts on the overheads.' And looking at the drawings of the 7 highway design Options, they are so small I can't tell what they mean and I have trouble visualizing what they would look like. For example, I just now realized (after looking at these drawings many times) that one ofthc3 Options, Option F the "Buttonhooklnterchanges Freeway," is one which closes Greeley's access to HWY 36. This is the very reason why I got involved in the highway plans discussions in the first place, one year ago. . And, from looking at the handout from the MnDOt Open House last Wednesday (May 22), the Buttonhook Interchanges Freeway is going to be the one that SRF pushes for the PAC to vote for on Wednesday night at the 2nd to the last PAC meeting. So where are all the Stillwater/Oak Park Heights locals going to get off who normally exit 36 on Greeley? Also, where are they going to get onto 36? It looks like closing the Greeley access is what's causing traffic to double or almost double on Historic South 3rd and South 4th Streets shown on the traffic flow projections map. Right where we have 3 elementary schools and 2 junior high schools, with kids needing to walk across these streets twice a day, and more kids. now with our school bus cuts. Another point about the map - it shows only Osgood, and not the breakdown of traffic between 3rd and 4th streets. This would be very important to the neighbors on the South Hill to know. And the maps should show current traffic flows so we can compare our current situationwith the projected traffic flows. (Perhaps I missed that handout.) A related question: the Hospital's access to 36. Now, with the Greeley access closed, the ambulances must take a circuitous route to and from 36, creating a loss of precious minutes needed in emergencies. These are the minutes which deserve top priority in the highway's design, not the 2 minutes of delay for drivers on local or regional trips. . I still strongly believe iUs wrong to close off Greeley to Highway 36 for both the traffic flow . danger to our kids and the hospital's need for Quick access to the highway. <. \ \., The Buttonhook Interchanges Freeway does not do enough to protect the South Hill . neighborhood from traffic The ButtonhookInterchanges Freeway seems to merely replace the commuter traffic with more local traffic which used to use Greeley to enter and exit 36. It does not reduce the traffic; it just replaces it. This is not acceptable. Instead, real effort should be put into a slower speed (45 mph or preferably less) Parkway/Multi- Way Boulevard concept, which leaves the Greeley access to Highway 3'6. Such a road design has been successfully used many other places around the country and around the world where therejs heavier traffic than is'projected here. By "real effort," I mean searching for ways to make it work. For example, this might include plans for a transit hub on 36, like Boston has. Where folks can park their cars with relative certainty they won't be broken into while they at work, where they can pick up a newspaper and a cup of coffee. Where taking the bus is actually a more attractive option than taking a one-person car, because it's cheaper, less stressful and is faster in the dedicated bus shoulders. And if most of the commuter traffic isJrom Wisconsin there should be a transit hub in Houlton. The transit hubs could double as places for folks to meet to carpool for. cheaper travel with company. The Stillwater transit hub ,could include the heavy rail to St. Paul which already exists and r understand Stillwater is trying to buy one last piece of the track. SinceMnDOT is required to make its highways "multi-modal," let's pay more than lip-service to the idea and make it an integral part of the plan. Rather than building a road on the presumption . of unlimited one-person car trips. Rather than assuming we can't make mass transit all10re attractive choice than one-person car trips. We should even consider the walking and, especially the biking options; since some people will actually choose these transportation choices, as indicated on the surveys from the May Open House. What's needed is an integrated multi-modal set oftransportationaltematives to manage this incredible influx of people traveling through our towns. Or, we can just be so overrun by one-person cars that this area becomes unlivable. We're already on the verge of unlivability with our current local, regional and state transportation policies. And, if its true that taking South 3rd& South 4th Streets to downtown is 30% faster than taking 36 to 95 to downtown Stillwater, that says something about the low priority of enforcement of the speed limit on 3rd and 4th, as well as the poor design of the streets. For example, South 4th Street is 44 feet wide, but should be no wider than 32 to36 feetwide, even for a collector street, under current enlightened thinking and standards. (See Walter Kulash's book, Residential Streets, 3rdEdition.) These are 2 problems which are fixable, and they should be fixed now. If these problems were addressed successfully, then it would not be 30% faster for those cars to travel this way instead of using the highway. And those drivers might make a different decision. They might decide to use the highway. Instead, our policies have allowed 3rd & 4th Streets to be replacements for Highways 36 and 95, to the detriment of the school children and residents there. I have a sickening feeling that none of the proposed designs have addressed the issue of reducing traffic in the neighborhoods. . At least for the South Hill, this is quite depressing. For the past 8 . . ~ . . . years I have been told by numerous Stillwater City officials, "just wait for the new bridge. It will cut your traffic in half." The numbers do not bear this out. I feel we've been sold a bill of goods. Maybe the City officials were too. ' So, I'm back to the first question I've had in this discussion one year ago April: How is MnDOT going to protect the neighborhoods from overflow traffic from Highway 36? I still want to know. Yours truly, Jeanne M. Anderson l109 S. 4thSt. Stillwater, MN 55082 President, South Hill Neighborhood Association (W) (651) 430-8457 (H) (651) 439-8093 . sout~ H-~LL st~LLwCltey'.:; F~y.:;t AVlVlUClL . SIDEWALK GARDEN CONTEST All\, CtwCtro(s -progrCtVlA, for sto(ewCtl~, bOlA.levCtro( Ctll\,o( froll\,t tjCtro( gCtro(ell\,s. To qualify, gardens must be visible to the public. Gardens may be planted on residential, commercial, public or private property within Ward 1 of Stillwater. 6 II\,tr!1/ N 0 VlA.LII\,tltLD II\, Fo rVlA.: . 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[..{Se of Color: Is tl1eve coLov vClvLClhoV\" CI V\,d do dLffeveV'vt ttj~es of -pLCI V\,ts' VlACI ~e tl1e . gClvdeV'vLV'vteveshV'vg? . 4. stewc;t rds VtL-p: Is tl1e gClvdev\' weLL-VlACI~V\,tCl~V'ved, wClteved, weeded, ClV'vd fvee of L~tteYf 5. VL.sIAc;tlIVlA-pc;tCt: wl1C1t f~vst ~VIA-pvess~ov\'s doe tjOIA l1C1ve of tl1e gClvdeV'v? How does ~t veLClte to tl1e V've~gl1bovV100d? Is tl1e gClvdeV'v v~s~ble totVt'e -plAbl~c? . AWARD L6V6LS: certLftcc;tte of A-p"precLc;ttf.oV'v: A begvV'vV\..Cv\'g ov tjOlAtl1 gClvdeV'v tl1C1t desevves vecog V\,~t~oV'v CI V\,d eV\,COIAVCl geVlAeV\..t. Cfc;trdeV'v of Metit: A weLL-VlACI~V\,tCl~v\'ed gClvdeV'v (flowev/vegetClbLe/ov botl1) tl1C1t, l1C1s -pLCI V'vt CI V\,d colov VCl v~Clhov\'. R.rst plc;tce: A weLL-VlACI~V\,tCl~V'ved gClvdeV'v tl1C1t l1C1s ClvClv~et!j of -pLClV\,ts wl1~CVt blooVIA . tl1 vOlAg l10lAt tl1e s-pv~V'vg CI V'vd SIAVlAVlAev. It stCl V\..ds OlAt CIS VtClv~V'vg tCl ~ev\' ClgveC!t 0eC! l of t~VlAe CI V'vd effort to des~g v\'. Ftrst 'Plc;tCe/5xceptf.oV'vCIl(1.0-20fo of R.rst plClce): A LClvge gClvdeV'vwl1~cl1 SVtO'v\lS exhClovd~V'vClvtj-pLClv\'v\'~v\'g C1V'vd CClve. It excels fClv Clbove,tl1e F~vstPLClce cvLtev~CI .' ClV'vd VlACI~es CI -pos~t~ve ~~-pClct Olit- Lts bLoc~. MAIL 6NTRY/NOMINATION FORMS TO: sLdewClL~ c;clYdeV'v COV'vtest SOlAtl1 H~LL Ne~ghbovl1ood Assoc~Clhov\' 1.1.03. SOlAtl1 FOlArtl1 Sheet shLLwCltev, /VI N 550'6:2 Deadline for entries/nominations is August 21, 2002. SPONSOR5D -g,y: The SOUTI-t H:ILL N5ICfI-t"R.ORI-tOODASSOCIATlON, . '#. ',,' . . . THE BAYPORT FOUNDATION. P . O. BOX 2 0 4, BAY P 0 R T, MI N N E SOT A 5 5 0 03- 0, 2. 04 FYI May 17,2002 Jay L. Kimble Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Kimble: The Board of Directors of The Bayport Foundation met recently and reviewed your request for support. We are pleased to enclose a check in the amount of $ 10,000.00 for the fIreworks display for July 4th and Lumberjack Days 2002 to be used for the period beginning May 15,2002 anq ending May 15, 2003. We would appreciate receiving your annual report and organizational updates to keep us informed of your activities and accomplishments. If you plan on submitting arequest to The Bayport Foundation for the May 2003 meeting, please note thatthe deadline date to submit a requestwiUbe February 14, 2003, not March 15 as in previous years. ' Sincerely, '. , ~ /J- ())~~ G Keith D. Olson Secretary/Treasurer KDO: cbh Enclosure " .' ..' 'tifES~.' O~.....,....r-1 . ;-.'-V....1.0\.LE D~' .\-O...~ /!J;-",~~~' ,,:~~ ...~ .C "".s.:'''' : ij~i1{.jj!JJ' STATE OF MINNESOTA OFFICE OF GOVERNOR JESSE VENTURA 130 State Capitol. 75 Constitution Avenue. Saint Paul, MN 55155 ~ . May 22, 2002 Dear Mayor: For the last few months we have been arguing about money here at the Capitol- mostly about how to close significant short and long-term deficits. But today I'm not writing about the reserves and the $400 million dollars a year of cuts that we've been arguing about since November. I want to talk about the $23 billion a year in overall spending that will still be available when the legislature has finally gone home. That's a lot of taxpayer money, and there is a lot that we can - and will- do with it. Those billions have to be carefully managed all year long. Weare using two websites to show our key performance results for state government: \vww.BigPlanResults.state.mn.us and www.DepartmentResults.state.mn.us. These sites show several important results we want to achieve, our targets for performance, and how we are doing so far - good, bad or indifferent. The Star Tribune editorial page described this as "a useful way for state government to fulfill its duty to be accountable to Minnesota citizens, no matter who is governor." That's what I want. Whether I run for re-election in the fall or not, I hope citizens will demand that any future governor will lay out the State's progress on results. . My office uses the information on these sites as a management tool with commissioners and departments. We get regular progress reports and updates, and every week the Chief of Staff, along with the commissioners of Finance, Employee Relations, Planning and Administration meet with a different commissioner to go over hislher results. Log on. Let us know what you think. For specific comments on the website results, you're welcome to use the feedback buttons. You can also write or call Tom Moss, the Director of Results Management, at (651) 215-1287. His email is tom.moss@state.nm.us, and his address is 300 Centennial Building, 658 Cedar Street, Saint Paul, Minnesota 55155. Thank you for your support of managing for results in government. Sincerely, ~~~ J esse Ventura Governor . Voice: (651) 296-3391 or (800) 657-3717 (MN). Fax: (651) 296-2089 . TDD: (651) 296-0075 or (800) 657-3598 Web site: http://www.governor.state.mn.us <ila> An Equal Opportunity Employer .~ ~ . -\,/ ..--. , " , ,,\ 4'- ~- I' HOPE HOUSE of St, CrObl Valley 451 No. Everett St: , StillN2ter, Iv1N 550f?2 (651) 351-0907 , FAX (651)351-9510 . Website: '. housestiliw2ter.org \.F -. f,.'- May 21,20,02 City of Stillwater Mayor and Council 216,North 4th Street Stillwater, MN 55082 Dear Mayor and Council, The Hope House th annual fundrai~itlg auction was, once again a great . success. I want to personally thank you for'aliowing Hope House to close, ' Everett Street for our event as well as providing us with the necessary barricades to do SQ. The auction has provided the St. Croix Valley comml!nitya wonderful - opportunity to work to ether! We.app~eciate your continu~d support. A ain thaflk YOl);- "---- " /. " " Hope House of St. "Croix1 V 2Uey prJvldes .2 none- judgmental h~me 2nd ccmp2SS_~O:\2te C2fE that: resDects trlE cf3n:ty 0f pe901e !iv:no './v"ith Hi\(!.AE)S" - . . . OS/21/2002 01: 16 6514394705 PAGE 01/02 -' '. Stillwater Township Calendar . Chair Untiedt June 6 Planning Commission 7:00 PM June 10 Park Committee 7:00 PM June 13 Town Board Meeting 7:00 PM June 17 City of Stillwater Hearing (Boutwell) 7:00 PM June 27 Town Board Meeting 7:00 PM ChairDoriott July 8 Park Committge 7:00 PM July 11 Town Board Meeting 7:00 PM July 18 Planning Commission (tentative) 7:00 PM July 25 Town Board Mgeting 7:00 PM Chair Doriott August 1 Planning Commission 7:00 PM August 8 Town Board Meeting 7:00 PM . August 12 Park Committee 7:00 PM August 22 Town Board Meeting 7:00 PM Kathy Schmoeckel will substitute for the Clerk June 13, July 11 and July 25. ,J";;!:"')-)upeMsors may attend any or all of the above meetings, ~;U;~~'L . C/9rk, Stillwater Township May 28, 2002 . " . May 23, 2002 4. . STILLWATER TOWN BOARD MEETING Town Hall 7:00P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors David Johnson, Ken LaBoda, Jim Doriott and Duane Laabs. Also, Planner Meg McMonigal, Engineer Paul Pearson, Attorney SoernMattick, Treasurer Warren Erickson and Police Chief Steve Nelson. 1. AGENDA - M/S/P Johnson/LaBoda moved to adopt the agenda as amended. (5 ayes) 2. MINUTES- M/S/P LaBoda/Doriott moved to approve the 5/9/02 Stillwater town board meeting minutes as written. (5 ayes) 3. PRESENTATIONS - 1. Sarah Danon appeared with several high school students to present a firewise community assessment outlinipg neighborhood fire risks in Stillwater Township. 2. Senator Jane Krentz (district 52) dropped by to introdude herself and answer questions. TREASURER - 1. Checks #15763 thru #15793 were approved for payment. 2. Monthly report given. 3. M/S/P JOhnson/LaBoda moved to approve retroactive to January 1, a pay increase of $50.00 per month for the treasurer. (5 ayes) 4. A clarification of the treasurer's resignation was made. He is ready to help another treasurer. fill the position at any time now. His target date to finish is December i, 2002. 5. ATTORNEY - 1. Attorney Mattick discussed with Karen Richtman her recycling contractor's license. 2. A question came up about why three elected o~ficials are voted on at a time. Previously it was thought that it would be two at a time. 6. PLANNER - LASSONDE KENNEL PERMIT - The super'visors request a letter from Dennis O'Donnell regarding the county's position on the Lassonde'~ kennel request. M/S/P Johnson/LaBoda moved to issue a pri~ate kennel license to the Lassondes with the following conditions: * No more than ten adult dogs in residence * No boarding of outside animals * Comply with county approved waste management * Must come to the board if there is a change in proposed .(5 ownership/operation. ayes) " Stillwater Town Board Meeting - 5/23/02 Page Two 7. JOHNSON ACCESSORY BUILDING LOCATION - Jay Johnson of 13871 Dellwood Road asked to place a 2,000 square foot accessory building in front of . his home. He has four acres of property. The county ordinance will . allow a maximum of 1,000 square f~et foi accessory buildings on four acres. 8. LINDE LOT LINE ADJUSTMENT - M/S/P JOhnson/LaBoda moved to approve a lot line adjustment subject to a survey andideedsreviewed and accepted by the attorney. (5 ayes) 9. GEIDEL/CARLSON LOT LINE ADJUSTMENT..., This: matter is being worked on at present. Future agenda. 10. ENGINEER - 1. M/S/P Laabs/Doriott moved to approve the bid of $31,362.00 by Tower Asphalt for sealcoating and authorize Raleigh Trucking to do the shouldering as part of routine maintenance for the township. (5 ayes) 2. The Kristman mailbox has been removed. 3. StonebridgeTrail Study - Benshoof..., M/S/P JOhnson/Laabs moved. to adopt the following: * Install a new and larger curve sign following the MMUTCD guidelines. * Install chevron signs on t~e outside of the curve. * Increase speed limit enforce~ent along the entire length of Stonebridge Trail. (5 ayes) 4. It was mentioned that the culvert is not in and the contour ditclJa not finished near the "tower site off 110th Street. ~ 5. Repair work has not been completed at 77th Street. 11. POLICE CHIEF - 1. Report circulated. 2. Discussion re: dangerous dogs. 12. PARK COMMITTEE APPOINTMENT -M/S!P LaBoda/Laabs, moved to appoint Sue Langer to the park committee. (5 ayes) 13. PARK REPORT - 1. The trails are being Upgraded by Raleighs. 2. Changes and a proposed budgetvere d~scussed for Otto Berg Park. 14. TOWN HALL LANDSCAPING - M/S/P Laabs/LaBoda moved to app~ove the revised plan for the town hall landscaping dated 5/23/02 with a reconfigtired area to allow for access to the weli. (5 ayes) 15. ADJOURNMENT - Meeting adjourned at 10:56 p.m. C.lerk Chairperson . Approved I'IH I-C::'t-c::~~c:: .l.~' ~~ . 7:00 p.m. 1. 7 :05 p.m. II. 7:10 p.m. III. .:10 p.m. IV. '--1 I I ur- urn r.~C::/~~ CITY OF OAK PARK HEIGHTS TUESDAY, MAY 28, 2002 CITY COUNCIL MEETING AGENDA 7 :00 P.M. Call to Order/Pledge of Allegiance/Approval oJ Agenda Department/Council Liaison Reporl:s A. Planning Commission B. Parks Commission C. Cable Commission D . Water Management Organizations E. Other Liaison/Staff reports 1. Garden Committee Perennial Sale Update 2. TH36 Partnership PAC Committee Update 3. Meho East Development Parlners Visitol:slPublic Comment Recycling Award (1) This is an opporlunity for the public to address the Council withquc~tiongor concerne on issues not pi:lr~ of . the regular agcnd;1. (Ple:u>e limit comrnant~ to 3 minutes in length.) '. Consent Agenda (Roll Call Vote) A. Approve Bills & Investmen'ts B. Approval of CHy Council Minutes -'- Ma.y 14,2002 (2) C. Approval of Reappoin'~ment of Commissioner Dwyer to Planning Commission ($) D. Approval of Alberg Water Services Final Pay Request for Well No. 3 (4) , E. Approval of 2001 Consumer Conf'idence Report (5) 7:15 p.m. V. ' Public Hearings 7:15 p.m. VI. . LOCATION: None New Business A. May 23,2002 City Council Meeting Minutes. (6) B. Alcohol Compliance Check Failures (7) C. McKean Square East/Request for Shared Services (8) D. Fireworks (9) E. Wellhead Protection Plan - phase 2 (10) F. Applebee's Sign Variance and Site plan Review (II) G. Fun Run/Walk Through the Parks (12) RX TIME OS/24 '02 09:26 MHY-~4-~~~~ l~:~~ C lTY OF OPH P.03/03 '- 7 :45 p.m. VII. Old Business A. B. C. MNDOT Bridge Project TH36 and Beach Road/Scenic Overlook (13) Cost E6timate for 60th Sheet Sewer Pressure Main (14) Hiring of Seasonal Public Works Employees (15) . 8:00 p.m. VIII. Adiournment Soda/gathering at either App/~b(!e 's or Jossph '$ Family Restaurant to /ollow . . LOCATION: RX TIME OS/24 '02 09:26 TOTAL P.03 Diane Ward From: ~ent: ~o: , Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, May 23, 2002 11:43 AM Wally Abrahamson Washington County Board Agenda - 5/28/02 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda May 28, 2002 * 9:00 a.m. 1. 9:00 - Roll Call 9:00 - Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their concerns with the County Board of Commissioners on any issue that is on or not on the agenda. The Chair will direct the County AdIDinistrator to prepare responses to your concerns.. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. The Chair reserves the right to limit ~n individual*s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. The Chair may also limit the number of individual presentations on any issue to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Transportation and Physical Development * Don Theisen, County Engi~eer ~ounty Inclusion in Reauthorization of the Federal Highway Funding Bill 5. 9:15 - Public Health and Environment * Mary McGlothlin, Director A. Amend Resolution Withdrawing from the EMS Radio Communications Bpard B. Recommendations of the Final Report on Public Collection * Judy Hunter 6. 9:55 - General Administration * Jim Schug, County Admi~istrator A. Legislative Update * State Senator Jane Krentz, District 51 B. County Commissioner Nominees to the 2'002-2003 NACo Steering Committees 7. 10:15 Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full- Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantiv~ board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:35 - Adjourn ********************************************************************************* Meeting Notices ~ay 28 - Planning Advisory Commission 7:00 p.m., Washington County Government Center 1 May 30 - Red Rock Corridor 3:30 p.m., Cottage Grove City Hall' May 31 * Resource Recovery Project Budget Committee Meeting 11:30 a.m., 1670 Beam Avenue - Maplewood *********.. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *'* * * * * * * * Washington County Board of Commissioners Consent Calendar * May 28, 2002 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved 'in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Community Services A. Approval of the Community Development Block Grant Subgrantee Agreement with the Washington County Housing and 'Redevelopment Authority and authorize the County Board Chair and County Administrator to sign the Agreement. Financial Services B. Approval to close the following Debt Service funds which are no longer needed and have a zero balance: fund 315, Big Marine Park Bonds; Fund 311, Carnelian-Marine Bonds; and Fund 413, 1989 CIP Bond Projects. Transportation and Physical Development C. Approval of resolution authorizing the sale of three County plow trucks and one articulated motor grader to another government agency. D. Approval and ,execution of street lighting agreement with the City of Stillwater at the' intersection of CSAH 12 a~d 75th Street North at Rutherford Road. E. Approval of Supplemental Agreement No. 2 with WSB 0; Associates, Inc. in the amount of $75,338 for engineering design services for theCSAH 13 project. F. Approval of resolution, final payment to Tower Asphalt, 'Inc. in the amount of $89,410.70 for 2001 bituminous overlay road preservation. G. Approval of resolution requesting State Bridge Bond funds for replacement of the CSAH 4/Judicial Ditch #2 culvert with a bridge (10* x 10* Cluvert). Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 2 cJ Diane Ward From: _ent: 0: Cc: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, May 30, 2002 1 :40 PM bruecr@aol.com; Dennis Hegberg; ddengstrom@aol.com; jjkaul@aol.com; tworiversclt@aol.com; chip@cLforest-lake.mn.us; mcreager@cLhugo.mn.us; Diane Ward; bjohnson@ci.woodbury.mn.us; don.jones@co.ramsey.mn.us; judy: brown@co.ramsey.mn.us; Rick Backman; Cassie Biondolillo; Linda Bixby; Sally Borich; Nancy Brase; Robert Crawford; Marv Erickson; Sue Fennern; Bogdan Filipescu;Jim Frank; Rose Green; Joanne Helm; Judy Honmyhr; Scott Hovet; Doug Karsky; Debbie Kenney; Cindy Koosmann; Jon Larson;: Chris Marz; Mary McGlothlin; Barb Milles; Mary Nicklay; Larry Nybeck; Robert Olson; Molly O'Rourke; Daniel Papin; Twyla Pennel; Suzanne Pollack; Lucia Roberts; Cindy Rupp; Delaina Shipe; Ilene Simonson; Patrick Singel; Joan Sprain; Elizabeth Templin; Don Theisen; Cindy Thibodeau; Rachel Triemert; Kathy Trombly-Ferrin; KristinTuenge; Jennifer Wagenius; Marcia Wielinski; Don Wisniewski; csherry@commonhealthclinic.org; rhstaff@concentric.net; cityoflakeland@isd.net; rfuhrmann@macavsat.org;'LorLhiggins@mail.house. gov; vkeating 1 @mediaone.net; higg5@msn.com; abecker@pioneerpress.com; mdivine@pioneerpress.com; stwgztte@pressenter.com; district4nurses@prodigy.net; bjarney@qwest.net; Myra Peterson; bstrub@spaar.com; citybayport@uswest.net; maanderson@vlsLcom; toren@visLcom; Jan Brewer; Jim Wells; bdacy@wchra; JKetchum@wrh.com; john.wertish@xcelenergy.com Robert Lockyear; Judy Steltzner . County Board Agenda - June 4, 2002 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda June 4, 2002 * 9:00 a.m. 411(. 9:00 - Roll Call 9:00 - Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their concerns with the County Board of Commissioners on. any issue that is on or not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. The Chair reserves the right to limit an individual*s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. The Chair may also limit the number of individual presentations on any issue to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Metropolitan Inter-County Association * Keith Carlson, Executive Director 2002 Legislative Session 5. 9:40- Human Resources, Employee Safety & Risk Management * Judy Honmyhr, Di~ector 2002-2004 Bargaining Agreement with Teamsters Local 320 Representing Correctional Officers and 911 Public Safety Dispatchers 6. 9:50 - Financial Services Department * Edison Vizuete, Director Contract with Wells Fargo Bank for Banking Services 7. 10:00 - Assessment, Taxpayer Services, and Elections * Kevin Corbid, Director Request by Carnelian-Marine Watershed District .. 10:20 - General Administration * Jim Schug, County Administrator oodbury Library Remodeling 9. 10:35 - Commissioner Reports * Comments - Questions 1 ~~~ This period of time shall be used by the Commissioners to repoxt to the full Board on committee activities, make comments on matters of interest and information, ~or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. ' '.j 10. Board Correspondence ,.,. .:':;::,. -, ,!' . ,,""':',''-,:-,t': ,,-.'_, '::;'~:/, :~ 1:< 11. 10:55 - Adjourn ::,; ****************************************~*~*******~******** Meeting Notices June 3 * Library Board 6:30 p.m., Wildwood Library * 763 Stillwater Road June 5 * Metropolitan LRT Joint I?owers Board 8:30 a.m., AMC Bldg. * 125 Charles Avenue, St. Paul June 5 * Plat Commission 9:30 a.m., Washington County Government Center June 6 * Metropolitan Energy Task Force 9:00 a.m., 125 Charles Avenue, St; Paul * * * * * * * * * ~ * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * Washington County Board of Commissioners Consent Calendar * June 4, 2002 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: ",'.'.' " Administration A. Approval of the May 7 and 14., 2002, Board meeting minutes. B. Approval of policy to create a new fund within the General Fund to track annual Countywide and departmental Mission Directed Savings. Assessment, Taxpayer Services and Elections C. Approval of resolution, applications for Conveyance of Tax Forfeited lands for an authorized public use. D. Approval of contract to accept the grant from the Voting Equipment Grant Account through the State of Minnesota. Transportation & Physical Development ~. Approval to use five vehicle park permits for free drawings during the Washington County Fair, July 31 * August 4, 2002. F. Approval of Brauer and Associat'es as the firm to provide consultant services in the' completion of a master plan amendment for St. Croix Bluffs Regional Park in Denmark Township. Linda Engh Washington County Administration. Phone: 651/430-6010 ; ','~ ':.. 2