HomeMy WebLinkAbout2002-04-16 CC Packet
.~GUtAR MEETING
I
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 02-08
Council Chambers, 216 North Fourth Street
April 16, 2002
Revised:41l612002
2:28 PM
,\:
7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Approval of April 2, 2002 Regular Minutes and Executive Session Minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Consideration of Liquor Establishment in Ace Hardware Building - Kevin Johnson
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of,
the meeting agenda, The Council may take action or reply at the time of the statement or may give direction
to staff regarding investigation of the concerns expressed.
STAFF REPORTS
1.Police Chief
2.Fire Chief
3. City Clerk
4. Director of Admin.
5. Community Dev. Director
6. City Engineer/PWD
7. City Attorney
8. City Administrator
CONSENT AGENDA*
1. Resolution 2002-75B, Master Lease Purchase Agreement - Fire Department Truck
2. Resolution 2002- 78, directing payment of bills
3. Resolution 2002- 79, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at
Elks Lodge 179,279 E Myrtle Street, Stillwater, MN
. 4. approval of March of Dimes Walk America
. 5. Resolution 2002- 80 approval of contract with John Ballis to perform background checks for Fire
Department employment .
6. Resolution 2002-81, abating delinquent garbage fees assessment on Parcel No. 20,030.20.33,0018
7. Resolution 2002-82, approving Change Order NO.4 for the Public Works Facility
8. Resolution 2002-83, extending fire protection contracts with Townships of Stillwater, May and City of
Grant
9, Resolution 2002-84, approving mutual aid agreement with the City of Mahtomedi
10. Approval of the relaying of sanitary sewer line from Lily Lake Arena to Greeley Lift Station
11. Resolution 2002- 85, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at
Cutters Pub & Grub, 112 N Main Street, Stillwater, MN
12. Resolution 2002- 86, approving Minnesota Premises Permit for Gambling for Elks Lodge 179,af
Loggers, 231 E Myrtle Street, , Stillwater, MN
13. Approval of gambling permit for St. Mary's Wild Rice Festival- September 8, 2002
14. Approval of License to Sell 3.2% Malt Liquor at Lily Lake Ballfields May 4 & 5, 2002
PUBLIC HEARINGS
1. This is the date and time for the public hearing for the establishment of Tax Increment Financing District
No. 9:and the adoption of the Tax Increment Financing Plan relating thereto, all located within the
Development District NO.1. Notice of the hearing was published in the Stillwater Gazette on April 5,
2002. (Resolution)
2. Case. No. CPAl02-01 and ZAM/02-01 This is the date and time for the public hearing to consider a
Comprehensive Plan Amendment changing land use designation 2.8 acres of land located at the corner
of v,v~shington Avenue and Orleans Street from Business Park Industrial (BP-I)to High Density
.'~" Multifamily Residential District (RCH) and Zoning Map Amendment to rezone 2.8 acres of land from
Busihess Park Industrial (BP-!) to High Density Multifamily Residential District (RCH). Notice of the
hearing was published in the Stillwater Gazette on' April 5, 2002 and notices mailed to affected property
owners. (Resolution for CPAl02-01 & Ordinance 922 for Zoning Map Amendment - 1st reading April 2, "
2002)
3. Case No. V102-10. This is the date and time for the public hearing to a request for an appeal of the
Planning Commission's decision on a request from Ken and Connie Taillon fora variance to Traditional
Residential, TR, accessory building regulations (500 square feet allowed, 752 square feet requested)'
for the construction of a one stall garage for storage and separate hobby shop with storage space
above located at 3374 Staples Place in the TR, Traditional Residential District, Notice of the hearing .'
was published in Stillwater Gazette on April 6, 2001, and notices mailed to affected property owners.
Notice of the hearing was published in the Stillwater Gazette on April 5, 2002.
UNFINISHED BUSINESS
1. Possible second reading of Ordinance No. 920 amending the Stillwater City Code, Chapter 21, Sec. 11
Entitled Election Wards
2. Possible second reading of Ordinance No. 921 amending the Stillwater City Code, Section 31, allowing
10% density bonus
3. 2002 Street Improvements - Laurie Court
4. Sale and development of Territorial Prison
5. Trail options for McKusick Lake Ravine
NEW BUSINESS
1. Approving housing program & authorizing issuance of taxable and tax exempt variable rate multifamily
housing revenue bonds (Curve Crest Villa Project) (Resolution)
2. Approval of development agreement for Curve Crest Villa Project (Resolution)
3, Preapplication TIF request for construction of 64 condominium units, 9500 square feet of retail space
on 382 space parking construction on UBC and Olive Street parking lot sites, the Sweeney Group,
Sherman Associates, applicant. .
4. Approval of recommendation to State Fire Marshal Code Advisory Panel for variance from N.F.P.A. 13
sprinkler system requirement - Ascension Church
5. Approval of transfer of Wine and Strong Beer Liquor License from LaRecolte, Inc. (Harvest Inn) to
Amy's at Brunswick, Inc. (Amy's at Brunswick) (Resolution)
6. Approval of new tobacco license - St. Croix Music Cafe (Resolution .
7. Accepting Bids and Awarding Contracting for 2002 Street Improvements (Resolution) ..
8. Possible elimination of life guards at Lily Lake Beach
9. 2002 Farmers Market Request for use of Riverview Parking Lot
10. Possible first reading of ordinance amending the Stillwater City Code to add, Chapter 32-1, entitled
Subdivision.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
1. Approval of expenditures for Good Morning America program.
2, Approval of Permits for Good Morning America?
. 3. Receive Financial Statement from the Board of Water Commissioners
COUNCil REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
*
All items listed under the consent agenda are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion on these items unless a Council Member or I
citizen so requests, in which event, the items will be removed from the consent agenda and considered
separately. .
.
2
p)~.....
ttEGULAR MEETING
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 02-08
Council Chambers, 216 North Fourth Street
April 19, 2002
7:00 P .M~
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Approval of April 2, 2002 Regular Minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Consideration of Liquor Establishment in Ace Hardware Building - Kevin Johnson
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of
the meeting agenda. The Council may take action or reply at the time of the statement or may give direction
to staff regarding investigation of the concerns expressed.
STAFF REPORTS
1.Police Chief
2, Fire Chief
3. City Clerk
4. Director of Admin.
5. Community Dev. Director
6. City Engineer/PWD
7. City Attorney
8. City Administrator
CONSENT AGENDA*
1, Resolution 2002-75B- Master Lease Purchase Agreement - Fire Department Truck
2. Resolution 2002- 78, directing payment of bills
3. Resolution 2002- 79, approval of March of Dimes Walk America
4. Resolution 2002- 80 approval of contract with John Ballis to perform background checks for Fire
. Department employment
5. Resolution 2002-81, abating delinquent garbage fees assessment on Parcel No. 20.030.20.33.001.8
6. Resolution 2002-82, approving Change Order No.4 for the Public Works Facility
7. Resolution 2002-83, extending fire protection contracts with Townships of Stillwater, May and City of
Gffi~ J
8. Resolution 2002-84, approving mutual aid agreement with the City of Mohtomedi
9. Approval of the relaying of sanitary sewer line from Lily Lake Arena to Greeley Lift Station
PUBLIC HEARINGS
1. This is the date and time for the public hearing for the establishment of Tax Increment Financing District
No, 9 and the adoption of the Tax Increment Financing Plan relating thereto, all located within the
Development District NO.1. Notice of the hearing was published in the Stillwater Gazette on April 5,
2002. (Resolution)
2. Case No. CPAl02-01 and ZAM/02-01 This is the date and time for the public hearing to consider a
Comprehensive Plan Amendment changing land use designation 2.8 acres of land located at the corner
of Washington Avenue and Orleans Street from Business Park Industrial (BP-I) to High Density
Multifamily Residential District (RCH) and Zoning Map Amendment to rezone 2.8 acres of I and from
Business Park Industrial (BP-I) to High Density Multifamily Residential District (RCH). Notice of the
hearing was published in the Stillwater Gazette on April 5, 2002 and notices mailed to affected property
owners. (Resolution for CPAl02-01 & Ordinance 922 for Zoning Map Amendment - 1st reading April 2,
2002)
3. Case No. V/02-10. This is the date and time for the public hearing to a request for an appealofthe
Planning Commission's decision on a request from Ken and Connie Taillon fora variance to Traditional
Residential, TR, accessory building regulations (500 square feet allowed, 752 square feet requested)
for the construction of a one stall garage for storage and separate hobby shop with storage space
. above located at 3374 Staples Place in the TR, Traditional. Residential District, Notice of the 'hearing
was published in Stillwater Gazette on April 6, 2001, and notices mailed to affected property owners.
Notice of the hearing was published in the Stillwater Gazette on April 5, 2002,
UNFINISHED BUSINESS
1. Possible second reading of Ordinance No. 920 amending the Stillwater City Code, Chapter 21 , Sec, 11
Entitled Election Wards
2, Possible second reading of Ordinance No. 921 amending the Stillwater City Code, Section 31, allowine .
10% density bonus
3. 2002 Street Improvements - Laurie Court '
4. Sale and development of Territorial Prison
5. Trail options for McKusick Lake Ravine
NEW BUSINESS
1. Approving housing program & authorizing issuance of taxable and tax exempt variable rate multifamily
housing revenue bonds (Curve Crest Villa Project) (Resolution)
2. Approval of development agreement for Curve Crest Villa Project (Resolution)
3, Preapplication TIF request for construction of 64 condominium units, 9500 square feet of retail space
on 382 space parking construction on UBe and Olive Street parking lot sites, the Sweeney Group,
Sherman Associates, applicant.
4. Approval of recommendation to State Fire Marshal Code Advisory Panel for variance from N.F.P.A. 13
sprinkler system requirement - Ascension Church
5. Approval of transfer of Wine and Strong Beer Liquor License from LaRecolte, Inc. (Harvest Inn) to
Amy's at Brunswick, Inc. (Amy's at Brunswick) (Resolution)
6. Approval of new tobacco license - St. Croix Music Cafe (Resolution
7. Accepting Bids and Awarding Contracting for 2002 Street Improvements (Resolution)
8. Possible elimination of life guards at Lily Lake Beach
9. 2002 Farmers Market Request for use of RiverviewParking Lot
10. Possible first reading of ordinance amending the Stillwater City Code to add, Chapter 32-1, entitled
Subdivision. (available Monday)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/REQUESTS
1. Approval of expenditures for Good. Morning America program.
2. Approval of Permits for Good Morning America?
3. Receive Financial Statement from the Board of Water Commissioners
.
COUNCil REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be routine by the City Council and will be
enacted by one motion. There will be.no.separate.discussion on these items unless a Council Member or
citizen so requests, in which event, the items will be removed from the consent agenda and considered
separately.
e
2
.'
.
.
.
CITY OF STillWATER
CITY COUNCil MEETING NO. 02-07
April 2, 2002
REGULAR MEETING
4:30 P.M.
The meeting was called to.orderby Mayor Kimble at 4:30 p;m. .
Present Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble
Absent Councilmember Rheinberger
Also Present City Administrator Hansen
Press:
City Attorney Magnuson
Fire Department Chief Kallestad
Police Chief Dauffenbach
Community Development Director Russell
City Clerk Ward
Julie Kink
STAFF REPORTS
Fire Chief Kallestad reported on the bid received forthe 105' Ladder Truck. He stated
that the advertisement for bids was published and d~partment's truck.committeehad
sent emails to six fire apparatus companies. He stated thatthe truck cgrnmitteefelt
very strongly that an all-wheel steer is necessaryforthenarrow streets,'Jn parts of
Stillwater and that there is only one manufacturer, which is Pierce Manufacturing, Inc. .
He also stated that one bid was received from Clarey's Safety Equipment Inc. in the
amount of $672,000.00 to be financed over a three.,:year period.
Mayor Kimble stated that he has seen fire trucks manufactured by Pierce Marll.Jfacturing
and has been through the Pierce Manufacturing plantandyva~very impressed with the
company.
Councilmember Zoller asked how big is this truck, if the ladder inCludedatn.Jcket and
what type of truck does Bayport have.
Mr.Tom Crotty, Assistant Chief, stated that the truck does not have abucketbecause .
having just the ladder allows for easier access. He stated that Bayport has.aladder
truck with a bucket and this piece of equipment would complimel'1t the Bayporttruck.
Mr. Crotty also stated that this truck was specified to fitinthe,c:;urrenffire hall. .
Councilmember Zoller asked City Attorney Magnuson if there. is a problem wit~
awarding basedpn only one bid.
City Attorney Magnuson stated thatCity Administrator has reviewed an9 is satisfied that
the specification was written so thatit did not exclude other bidders. . Thereforei in this
instance. Council could accept the one bid and award the contract.
Councilmember Zoller asked if the replacement policy for the fire departmEmtvehicles is.
every 5-6 years. . ..
Chief Kallestad stated that is correct.
City Council Meeting 02~07
..
April 2, 2002
Councilmember Milbrandt asked when the delivery date would be.
Councilmember Zoller commend~d the truckcommittee!or their work on this project.'.
Motion by Councilmember Milbrandt, seconded by COlJncilmemberZoller Resolution: 2002-75,
accepting bid and awarding.contract for 105' aerial' ladder truck, All in favor.
Ayes:
Nays:
Absent:
Councilmembers Milbrandt, Zoller and Ma.yorKimble
~~. .
Councilmembers Bealka'andRheinberger
. .
City Clerk Ward stated that there is a correction on the ConsentAgenda,ltem 4, should
be Chris Soller instead of Brian Johnson.
City Clerk Ward provided Council with an update on the redistricting process, She
stated that the Charter Cornmission met on April 1 st and chose Plan C as the proposed
plan for the City. She also provided the'Council. with explanation of Plans A, B, and C.
She stated that Plan A shows the Ward 1 boundaries within Legislative Distriet 56.
Ward 2 and 3 ooundaries had to be adjusted to compensate for the in~rease in Ward 1.
The difference in population in ,Ward 1 from the,otherthree..wards is.approximately250
people. ... Plan B incorporates the Ward 1 boundaries within the Legislative' Districtcmd
adds approximately 250 people presently in Ward 2 to achieve Closer balaqcein all .
wards. 'Plan C is the last plan reviewed by the Charter Commissionwiththe additionof
2 precincts (one in W.ard 1.. and one in W.ard2i)l>ecause.oUhe legislativelim.. ....
Ms. Ward statedthattomaintainthe integrity ofthe election processthatttlere should
be a separatiorl of ballots therefore she recommended separate polling places inPlanB
or C. She alsostatedth~tPlcm C would involve a cost of approximately $6,000 that
was not budgeted for in the election budget. . ,.
Councilmember Zoller asked if the Council has a,say in the decision. ,
City Attorney Magnuson explained thafthe City Gharteisays the CbarterCQrnmission
redraws the wards, however State Statutes states that Council is the governing body.
He stated to show political respectto each other it would benicefor'council to adopt by
ordinance the same plan thatthe Charter Commis'sion adc>ptsbyresblution. However,
should there be adisagreement; the'City Council, under State. Law would,be,~lIowed to
set the boundaries. .
.' , : - . ~F ,-.. .
City Clerk Ward stated that one reasorithaftheCharterGommlssion..chosePlah GWas
because it would be easier to balance the Wards in the future.
Community DevelopmenfDirector Russell explained that this issue was inadvertently
placed on the 7:00 p.m"agenda .a,nd requested thatCouneil all()wthis ite"1tobe .
discussed. ' .. . . .
2
- City CounCil Meeting 02-07
ApriL2,2002
.
Mr. Russell reviewed the.affordable.housing den~i~Y!bonus zoning,provision forthe.....
affordable housing projecton the Cityowneq lot attQe corner of Orleans and
W'ashingtonAvenue. .'
Mr. Russell stated that the Planning' Commission would hold a public hearing Ort'.
amending the comprehensive plan and zoning ordinance on April 8. He stated that
plans have been submitted by the developer for 90 units. The,.zoning ordinance::all~.ws
for 82 units, however a density bonus of 10% of the allo\l\fed zoning deri~ity'would ciliQw
the 90-unitdevelopment. He stated that a dem;ity bonus coulc:l be viewed as a .. ...
- regulatory incentive to help provide.affordable:bdusingandths.ordinancecould.t>e.
writte,n verjstrictly so that it could only,be used in affordable hO,uslng instances:' ....
'. ~ . i. _ ." . .
CouncilmemberMilbrandtasked if the height regulation.in;the pusiness zoningwould
allow the heightofthis building.
Mr. Russell stated that this height (3 stories)would beallow~din tl:lebusiness'zghi6g.. .
an example would b~ the Holi~ay Express. .
Mr. Tim Nolde stated that he has been negotiating with' City Admin'istratbr Hansen,@ity
Attorney Magnuson and Mr. Russell for the purchasegf the: land. He stated thaUhe'
footprint of ~he.buildingwould remaln th~ ~ame whet6eritwas 82.or90ynits.The
additional 8' units would be. atth.e end of the building where currently th~re are only two
units on the first floor. ., .
.
. . - .
Mr. Nolde stated the density increase would provide eight ~oreone.;.b~droomunitsto
seniors, at an affordable rate. The building would remain the same size: .' . ...
. .
City Attorney Magnuson stated that the. contract is . being structured so that ttleCifywill
receive $610,000 for the land as a "development fee." ,The. City,will. also receive % of
the 800/,0 appreciated value that the developer receives upon sale. or refina'ncing of the
project)n .15-18 years.. This will limit the developets profit and repay the City for the.
use. of Tax .Increment Financing funds. Councilmember Milbrandt was concernedapi:>ut
the height of the structure and the density andaskedwhEm the plaqning prQcess)Nill.be,
done on this project. ... . . .'
.... . ...0
Mr. Russell stated that this projectwould be,before theplanning,pommissiono.riAptiI8,
2002. .
City Attorney Magnuson stated that a first reading ,of orcjinances,should be d()neaUhis
meeting and a second reading done attheApril16 meeting in order to meetthe
deadline that Mr. Nolde has to meet for the tax-exemptb.on,d~. He stated thc:'t>ifthe
Planning Commission does not approve theprojecttheCouncil does not have to
. approve the second reading of the ordinance.'
.
, t, '
Mr. Russell stated that there would be firstreadingsonthe'high density bonus (3 rid the'
zoning map amendment and based on the recommendation. by the . Plannin,g;",:
Commission it would be determined if a second reading would be,heldonAprili1,6,
3
City Council Meeting 02-07'
. . . ....
Councilmember ZolleVstatedthat e,ven, it'the firstfeading is' dohe,<itdo~$'not.mean.that"
Council has to approve t~e se~ond reading. .. ... . .
, . . .
Councilmember ZolleLaskedif the sidewalk issue could be tied to this so that it gets.
done.. ,
City Attorney'Magnu~on'said that itcbuld be dime;' howeverthe projeqt wotJl,ej have. to
bE3 done before the Council charl9!?l).. ., .,;
.~. ....
'0':-'_"-_:;"" ::,", _ "''-!'_' --.-,',:, .. '. _'; , . .' ')-':>
Mayor Kimble stated that tile re isnOiwayto designate the money because a Juture
Council could change the designatiorr.' Noifuture Council isboun<t by what past
Councilshave.:cjone. . ., - . , -.. .
,,-,,;" '. .- !'" , ',;.
Councilmemb$rMilbral1dt commended stcHU6r their wc>rkonthisiss,u'e':
,,' . - --. >
MayorKimbl~:stated that the firstreading of theordina!1ce for 10%den~!ty. bonus and
. zoning map amendmer1t would be added lothe 7:00 p;lTl. meetihg agenda under New
Business, Items2qn~3.
. -", _, .. _,' C',,'.... " ' , _ _ ::!.\>>- :."..,..".. _-<::.. " ~
City Administrator Hansen stated th~ta'single audit would be done because federal
'/ " _ .. .. _, ." . ,h_ " ' .:' .' ,.' _. " . _'_ _', . , " "_, :"'," " :_' ,': '"
monies in excess '0[$300,000 were spent: . tie noted thaUhis.audit would cost
approximately $2,500 over the City's regularaudifexpen~e..' ,
~~orKimble reces~ed to~xe~l.Jtive sessiontodiscus~ Labor Relatiops Issuesat5:25.
....
RECESSED MEETING
Mayor Kimble called the meetirlg to orCterat 7:00 p.m~
, ,_..', ... _. I. "
Present. CouncilmE3mbets Be~lka,Milbrahdt, Zc>lIerand'MayorKimble
Absent: CouncilmemberRheinberger..... ... .. .. . ..::> " . .
Also PresentCity Administrator Hansen'., .. .
City Attorney Magnuson
Police ChiefDauffenbqch . .... ........
'Community Developm~nt DireCtoFRus:sell'
City Clerk Ward .
Press: Julie Kink, , .
Stillwater GazetteRepre$~ntative
. APPROVAL OF MINUTES ..
. - -' . - ,
Motion py'Councilmember Milbrandt, seconded'byC9unCilmember Zollert6approve'the
March 19, 2002 RegularMee~~ng Minutes. Allirlfavo~. .
CQt-JSENT AGEND.A*
'. .... ..' .. ... .'..........
Motion byColJncilmember Zoller, seconded . by Councilmember Milbrandttoadopt thE3pOrlSent
Agenda with~hE3change on Item 4 from Brian Johnson to Chris ?oller. All in'.f~yor. .
4
4,. City Council Meeting 02-07
April 2, 2002
.
Ayes:
Nays:
Absent:
Councilmembers Milbrandt, Zoller and Mayor Kimble
None
Councilmemb,ersBealka and Rheinberger
.
. .
. .
Resolution 2002-68~ directing payment of bills
Resolution 2002-69, approval of Labor.Agreement between the City of StillWater and Local
517, Council No. 14 ofthe American Federation of State, QOljntyandMunicipalEmployees,
AFL-CIO
Resolution 20.02-70, amending Section 10-A, FaniilyMedical Leave Act ofth(3Personnel
Pol~y . .
Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake BaUfields - Chris.S9I1er, applicant
Resolution 2002-71, approval of 2002 salary schedule for part'-time seasonalCornmunity
Service Officers and Patrol Officers .. . ..
Request to purchase and install ladders with safety rails in the Eckel and Marykriolllift stations
- Sewer Department ..
Resolution 2002-72, appr9vin9 license to use real propertYfor household waste collection on
May 19, 2001 .'
Request for the release of funds from the Library's 2002 capital budget
Resolution 2002-73, appointing Briggs & Morgan as the City's bond counsel
Approval of credit for 2001 Liquor License Fee to.2002 Liquor- License Fee- North Hill Liquor
Approving Revised Fiscal Year 2002 Budget - Joint Cable Communications Commission
Resolution 2002-74, approving interfund transfers
Approval of installation of banner - Letter Carrier Food Drive - April 26 - May 13, 2002
PUBLIC HEARINGS
Case No. SUB/02-11. Request from Kay Williams, representinq DaSorin Inc" fora minor
subdivision to subdivide Lot 1 ,Block 1, St.JJroix Business Park,. into two lots LoL1 ..,3.84 acres
and Lot 2 - 2.60 acres, respectively, located at 1855 NorthwestemAvenue in theBP-1, .
Business Park Industrial District. . . .
Community.Development Director Russell reviewed the. request from. Kay Williams, .
representing DaSorin, Inc. for a subdivision of Lot 1, Block 1, St. Croix Business Center.
Councilmember Zoller asked if Parcel B would be a land locked piece ofpf9perty.
Mr. Russell stated that Parcel B is used as a parking lottor the complex and has
. access.
Mayor Kimble opened the public hearing.
There were no public comments.
.
Mayor Kimble closed the public,hearing.
Motion by Councilmember Zoller, seconded by Councilmember Milbrcmdt to adopt Resolution
2002'-76, approving subdivision of Lot 1, Block 1, St. Croix BusinessPark withcol1ditions. All
in favor.
5
City Council Meeting 02-07
. ..'
April 2;2002
Ayes:
Nays:
Absent:
Councilmembers Milbrandt, Zoller and Mayor Kimple
. .
None
Councilmembers Bealk,aand Rheinberger
.
. '. . .
Case No. PUD/02-14. Request from Jeff Maqler,JepreseritinqOakridqe Community.Church,
for a planned unit developmentJor a three phase additionincludinq anew entry. Family Life
Center and connectinq structure' totheexistinQ church located at 610. County. Road 5in the
RA, Sinqle Family ResidentiaLDistrict... .
Community DevelopmentDirector RusselL r~viewed the requesfbyOakridge
Community Church fora PlannedUni~'DeveloPll1ent He statedttiatthere have ~een
some neighborhood i~~yesandthatthe conditions of approvcdhave.addre~!)ed those
issues which was apprQvedbythe'PlanningCommission,
Mr. Russell statedtharVVastlington County will only allow one access to Stillwater
Boulevard and would alloW the, driveway on the north side ofthe church to remain
because the expansion will preclude any significant use of the driveway, but if found it
was used for more tflatemergencyvehiclesortheaccess of the, van from the garage
the County would require removaldfthenorth access. :. ..'..
Councilmember Milbrandt asked if Condition NO.3 is correct.
Mr. Russell stated that that condition should be removed because the County will not
allow the one way out rightttirnonlyexit.
.
Mayor Kimble opened the publi<:; hearing.
Mr. Dan Mehls representingOakridge"Community Church stated that the project would.
be done in two phas.es. T~e first phase would :be anew entry with elevator and Phase 2
would be construction of a family life center With gymnasium. He requested that .
Condition NO.2 be amended tostatethatthe north utility drive access shall be closed to
through traffic and that trees will be added to prevent any circulating traffic which would.
allow access for the occasional delivery and to the van to pick'up'parishiorers.
Mr. Russell stated that the Planning Commission's intent was to protect the residential
area, and becauseitis difficult to'monitor what would be excessive.
Mr. Mehls stated that he 'understandsthe neighbor's concern with the headlights
however, felt that Condition No. 6 would address this issue and that the usage would be
minimal.
Councilmember Milbrandt stated that after Phase II through traffic would not be
possible. '
Mr. Mehls stated that" it was his understanding thatthe nor'thutilitydrive access' would .
remain as it is until Phase II construction. .
. ...... '. ..
Mr. Joe Schmdtter, member of Oakridge Community Church, 'stated that the Use ofthe
north utility drive with the new design of the church would. be used for the van on .
6
.
.
.
- City Council Meeting 02-07
April2, 2002
Wednesdays for the youth group and parishioner pickup on Sundaysandpotluck
dinners four times a year. He stated there is no parking in the .back so they could not
stay there and would have to use the new proposed parking lot The north access
would need to be used during Phase I.
Mr. Schmotter asked if the .commission was requesting panic hardwar{3 with an alarm.
Mayor Kimble stated that an alarm is not mentioned.
CouncilmemberZoller stated that the intent is that it was an emergency,exi,~<?nly" with
very limited access. .. .
Council member Zoller asked if Councikcould review the north access issue.if. it
becomes a problem
."". ..:', .;.";".,.
Motion by.Councilmember Milbrandt, seconded by Councilmember Zoller adopting Resolution
2002-77, approving Planned Unit DevelopmentforOakridge Community Church as".
conditioned and that Item 3 be removed from the conditions and Item 2beamended to read
"The north utility drive access shall be closed to through traffic after Phase! and use oUhe
drive limited to access fro the van (in the existing garage) and for servicetQ the kitchen ona .
limited basis. Use of the drive shall be reviewed by the City Council on. a compla,int basis if' .
driveway use is a neighborhood issue" and Item 9 to read "The door openings on.the.l1ort.h
side of the family life center-and kitchen areashalLbe for emergency access ol)lywithpanic
hardware installed". All in favor.
Ayes:
Nays:
Absent:
Councilmembers Milbrandt, Zoller and Mayor Kimble
None
Councilmembers Bealka and Rheinberger
UNFINISHED BUSINESS
Parks and Open Space Task Force Update
Community Development Director Russell reviewed the positioning study. H~stated
. that the report indicates a strong support for the cultural expansions. The 'study also,
indicated that thos~interviewed timing for an additional tax is poorbecau~eofthe
national, state and local economic conditions. ... .
Mr. Russell stated that the task force concluded thaUhis was not thetime to .pushfor
project support, and that reevaluationoUhe projectlist and ~onsideration otother
. funding sources should be investiga,ted.
Councilmember Milbrandt stated the projects were highly'regarded and wor,thwhilebut
the timing was not there. The task force has indicated its willingness to c~mtin'ue with
this endeavor and get participation from the downtown area.
.,
Councilmember,Zoller,stated that this was a learning experience. H~ stated that he ..'
learned the library was a highest priority and asked the Gity Admini~tr?tor what isthe
7
City Council Meeting 02-:07 April 2;2002
City's ability to do anything in the.future and itwas his understanding thatthe City does
not have the bonding capability fbrthese projectsih the near future.
City Administrator Hansen explained the City's bonding capabilities and tax capacity, e
Motion by CbuncilmemberMilbrandt, seconded by Councilmen1ber Zoller directing the .
Community DevelopmentDiredor Russell to prepare a letter to the task force mer.nbers .
thanking them for their participation and ask members if they would be willing tocontinu~to
serve on the task force. All in favor.'
. Possible second readinQ of Ordinance No. 919 amendinQ the Stillwater City Code, Chapter21;
. Sec. 21-9, Entitled PEmaltiesfor Violation of Code ..... .. . ... . ,
City Attorney Magnuson reviewedthe proposed ordinance.
Motion by Councilmember Milbrandt,seconded byCouncilmemberZolleradopting Ordinance
No.. 919 amending the Stillwater City Co.de, Chapter 21.. See: 21-9, Entitled Penalties for
Violation of Code. All in favor.,. .... .. ..... .,
Ayes:
Nays:
. Absent:
Councilmembers Milbrandt, ?ollerand Mayor Kimbl,e
None . '<
Council members Bealkaand. Rheinberger
~ .
NEW BUSINESS
First readinQ of Ordinance No. 920amendinQ the Stillwater City Code, Chapter21, Sec. 11 e
Entitled Election Wards , ... .
Mayor Kimble stated thatthe CharterCominission would;'be holding apublichearing..on.....
April 15; 2002 at7:00 p.m. regardingthe ward boundary changes.
. .
. .
Motion by Councilmember Milbrandt, seconded byCouncilmemberZoller approving the first
reading of Ordinance regarding the ward: boundary changes. All in favor.
'. First readinQ of ordinance ofioninQ map 'amehdmenHCaseZAM/02..0H
Community Development Director .Russellsfated'thaHhe zoning. map am~rldmeni is to
rezone 2.8 acres of land from Business'Parklndustrial'(BP.,.I) to High Density Multifamily
Residential District (RCtf). '
. .
:"':,-- ,'-, " ,,' '-,,- ...." ' , :,,' ',., ":-,.;-, ,- , --:
Motion by Councilmember Milbra'1dt, seconded by Councilmember~Zo"erto approve the first
reading of a zoning map amendment for the rezoning of 2.8 acres, of land from Busipess Park
Industrial (BP-I)to HighDensity Multifamily Residential District(RCH), All in favor. ' .
First readinQ of zoninQ text amendment (Case ZA T/02-01)
Co~munity Dev~lo.pme. n.t ~.irecto~ R.u.sse.I..I. state.dJ~atz. 9n.ing text:~mendment.rela~e. ..stoe' ..
adding a .clause In the zoning ordinance for adensltybol1us provlslpn for multifamily
affordable housing projects; ... " .,
8
.
.. City Council Meeting 02-07
. April 2,2002
Motion by Councilm.(3mber Milbrandt, seconded by Councilm~mber Zoller to approve the first
reading qfa zoning text amendment relates to adding a clause in the zoning ordinance for a
density bonus provision for.multifamily affordable housing projects. All ih favOr...
STAFF REPORTS (continued)
Community Development. Director Russell provided an update on the BoutWell Area
Plan and that the Planning Commission will be discussing the plan at their Apdl.8
meeting and by Mayor June it will be presented to Council.
COUNCIL REQUEST ItEMS
Council member Zoller stated that he received a map from the South Hill Neighborhood
Association regarding sidewalks and crosswalks. He asked.thatthe map be given to .
the Engineering Departme~t for their review.
ADJOURNMENT
Motion by Council member Milbrandt, seconded by Councilmember Zoller to adjourn the
meeting at 7:56 p.m: All in favor.
Jay L. Kimble, Mayor
. ATTEST:
Diane F. Ward, City Clerk
Resolution 2002-68, directing payment of bills
Resolution 2002-69, approval of Labor Agreement between the City of Stillwater and Local
517, Council No. 14 of the American Federation of State, County and Municipal Employees,
AFL-CIO
Resolution 2002-70, amending Section 10-4, Family Medical Leave Act of the Personnel
Policy
Resolution 2002-71, approval of 2002 salary schedule for part-time se~sonal Community'
Service Officers and Patrol Officers .. .'. . .. .
Resolution 2002-72, approving license to use real property forhousehold,'wastecollectionon
May 19, 2001
Resolution 2002-73, appointingBriggs & Morgan as the City's bond counsel
Resolution 2002.;74, approving interfund transfers
Resolution 2002-75, accepting bid and awarding contract for 105'aerialladoeftruck
Resolution 2002-76, approving subdivision of Lot 1, Block 1, St.Croix Business Park
Resolution 2002-77, approving Planned Unit Development for Oakridge CommunityChur~h
Ordinance No. 919 amending the Stillwater City Code, Chapter 21, Sec. 21-9, EAtitled
. Penalties for Violation of Code
9
.
.
.
KevinR..Johnson&:RobinSeverance
15875 3t)th St.S
Afton, MN55001
April.10, 2002
Dear City of Stillwater Mayor and Council:
. ..
let us introduce ourselves, our names our Kevin JohnsorfandRobin Severan~.VVeare
coming before the City Council meeting on April 16, 2002, ,looking fora tentative idea on. your Position to
anew intoxicating liquor license application. Without completing fheapplication. weknowth~~you
. cannot give approval; however, we were hoping we could get the.generalopinion of Our business plan....
;. ",
. We have developed a business. plan to .opena family orientated moderately priced sport. bar
and grill in the Ace Hardware building on Market Drive.. We wanted to know if this type()fbusin~ faUs
in line with what the council had envisioned for use of a liquor license, If this business. ideacompli~ .
with your views, we are. ready to sign a lease, finish our financing plans, and complete the application,
lake Elmo Bank has agreed to finance 75 % of our busin~ plan if we can raise 25% of the capitOl in
private investment. .
Our backgrounds give us the business skills to besu~ssf1Jl.inthe restaurant and bar ,
industry. Robin has over 14 years experience in the industry, including Maplewood Bowland most'
recently Stillwater Bowl. She has been a bartender, bar manager;entertainmentcbordinator, trainer and
waitress. Kevin's background is 13 y~rs of management experience for Coca-Gola;in the areas of
operations, inventory control, loss 'management and prevention, security, finance, and staffing
We are a couple to be married in August of 2003 and we live in Afton, MN. Kevinhasbeena.
lifetime resident of Afton and Robin from Woodbury and lake Elmo~before moving to Afton,V"ehave 6
children and are not afraid of the hard work required to be successful. KeVin has, been a member of tile
lower St. Croix Valley Fire Department for 17 years, involved. with .the Boy Scouts, arid ilockeyand .
baseball coaching, . .
,",i ..
Kevin (Cell) 612 747~043, Robin Cell (612) 812-8073 (home) (65t) 436-6821 &-mail +
Sincerely, .
~.
Kevin R. Johnson
Robin Severance
.,<"
-I
.
.
.
LIST OF BILLS
EXHIBIT" An TO RESOLUTION #2002- 78
501 North Main, LLC
Accountemps
Ace Hardware
Amdahl, Cllds
American Classic Homes
Applied Microcomputer Systems
Aspen Equipment
AT&T
AWl Diversified
Board of Water Commissioners
Bonestroo, Rosene, Anderlik & Assoc.
Braun Pump
Brock White Co
Buberl, Larry
Burchville Construction
Carlson Tractor
CarQuest
Chief Supply
City Engineers Assoc. of MN
Center for Transportation Studies
Century Power Equip.
Coca Cola
Cub
Daleo
Defensive Edge Training & Consulting
Dew Corp.
Empson Archives
Erickson Post
Express Photo
Extendo Bed Company
Folz, Freeman & Dupay
Force America
Fullerton, Gary
G&K
Gilliam, Leeland K.
Glaser, Stuart W.
Goodwill
Government Training Service
Harrison, Sharon
Heritage Printing
Honeywell
Infratech
Ice Skating Institute
Jansens Cleaning Service
Johnny's TV
Johnson Radio
Lawton Printing
League of MN Cities
Disburse Grant Proceeds from DTED
Temp' Services
Repair Supplies
Service Call Locks
Grading Escrow Refund
CAD Stormwater Modeling System
,Air Compressor & Breakers
Long Distance
Repair Railings
Hydrant Repair
Professional Services
Repair Lift Station
Roadsaver
Animal Control
Cty Rd 15 Watermain
Hose
Auto Diagnostic Equipment
F. Dept. Supplies
Membership
Operator Training
Fuel Tank
Concessiorr Supplies
Coffee for Fire Dept.
Supplies
T aser Class
Public Works Facility
Prof Services
Fuel
Processing
F, Dept. Truck Bed Frame, Tool Carrier
Land Surveying
Armrest Joy Stick
Work Boots' Reimbursement
Uniforms, Rug Cleaning
Office Max Reimb"Office Supplies
Mileage, Reimb. For Safety Supplies
March ADC Expehses
L. Hansen Conference
Mileage .
Hockey Flyers
Security
Locating Services at Arena
Membership
Cleaning
Police Digital Cameras
Maintenance Contract
Office Supplies
Seminar
37,050,00
668; 70
76.45
177.4() .
1 ;500.00."
405,00
'.14,31:5:17
157:02
150:00
567,76
,29,063.07
1,154.84
2,428.60
150.00
45,190.24
118.86
2,183,25
39'.97
50.00
600.00
,22:.28
708,25
..70.56,
126.63
195'.00
525;917:00
4;500.00
4,877.35
9.06
1,979.00
1,772:50 '
.132.31
20.04
2,807.94
. "66:51
. 638.10
337.00
199,00
71.72
722.44
405.23
300.00
295,00
275.00
2,98t:94
552.00
18:15
.120,00
EXHIBIT" A" TO RESOLUTION #2002- 78
League of MN Cities Insurance Trust
Lehmicke Construction
Lind, Gladys
Linner Electric
Maple Island. Hardware
Menards
Met Council.
Mer Council Environmental Services
. Met LifeOental
MidwestChildrerl'~ Resource Center
MN Dept of Administration
MN Pollution Control
MN State Treasurer
Mobile Vision
Nestle Ice Cream
'. Nobles, John
Northern Tool & Equip
. Nor;thwestern Tire
Osceola Sun
Pameco Corp
. Press Publications
Red & Blue Tournaments
. Reliable Office Supplies
SLCroix Boat & Packet
St. Croix Recreation Co.
Space Mobile & Modular Structures
Sprint
Stepp Manufacturing
Stillwater Gazette
Stillwater Gazette Classifieds
T.H.T.
. Tramex
TR Computer Sales
Toll Gas &Welding'
Turning Point
Ultra Galaxy
Universal Licensing Services
'Valley Trophy
. Verizon
Viking Industrial Center
Viking Office Products
Village Brass
Vogel Sheet Metal
Washington County .
Waters, Kermit
Wet T ek
Whitehead, Simon
Zee Medical
Page 2
Workers'Comp.lns, Premium Audit.
Snow Removal
. Payment
Recycle Bulbs
Repair Supplies
Repair Supplies
March SAC Report
Wastewater Service
Cobra
Video Tape
Internet
.' City Dump Site
First atr State Surcharge
Wireless Mics & Video Cams Police'
Concession Supplies
Inspections
'. , Repair Seals
Repair
. Publishing
" Freol1
. . Publishing'
Advertising in Program
Copier, Toner
March Arena Billing
Bleachers
Trailer Rental
Cellular Hlone
Pump
. Publication
"publication
Resurface Brake Rotor
Inspection Kit
,Technical Services
Torch .'. .
. Address . Labels
.:Wephosting
LicEmse Renewal
. Signs
Cellular Phone
. Gloves
.. Supplies
. Plaques
Install Locker Room Exhaust Fan
. Sn()w,'lceControl,Repair Signal
Accountability Passports
Cooling Tower Chemical
.,Refund Overpayment for Field Time
Supplies
">
'\
.
139.00
2,369:50.
927.00
109.80
187.46 ...
"8:37 ."
')4,256.90 '
.7?,068.1Q,..
,~:,'i' 34.22.
20.00
.170.18
1,740.00
. 4,214.46
22,035.00
72.24
245:00
82.24..
. .',1.475;36
181;82
.726.80
144.00
225.00
640.56
. .52,165.38
7,'549.08
135.00'
45;03
253;49
364.77
132.00
20.28
',1,411.97
15Q;00
57.22
62.84
240.00
80.00
10.70 ;
. 351,65
.51,36
1.1,15
316.38
'1 ;250;00.
3,063.52
26.25'
512:56 .
151.Tf
57.14
'.
.,.
;co
1
.
.
.
EXHIBIT" A" TO RESOLUTION #2002- 78
ADDENDUM TO BILLS
Accountemps
Appletree Institute
Armor Holdings Forensics, Inc.
Barnes & Noble
Board of Water Commissioners
Boonestroo, Rosene, Anderlick&Assoc.
Burschville Construction, Inc.
Century College
Cole Papers
Cy's Uniforms
Dept. of Public Safety
Erickson Post
Fullerton, Gary
Greeder Electric
Human Services Inc.
Int'l Assoc. of Fire Chiefs
Int'I City/County Management Assoc,
Johnson Radio Communications
Johnson, Ron
League of MN Cities Insurance Trust
Linhoff, Thomas
Magnuson Law Firm
Menards
MN Chiefs of Police Assoc.
MN Dept. of Economic Se~urity
Northwestern Tire
Pod's Tire & Wheel
Post Board
Press Publications
Ouill
Owest
Saint Croix Office Supplies
Secom
Stillwater Motors
Stillwater Towing
Streicher's
Turning Point
Uniforms Unlimited
Virtualphone, Inc.
Washington County
Washington County License Center
West Group
Xcel
Page 3
Temp Services
Retirees Health Insurance
Misc for Evidence Bags
MS Windows Books
Water pymt
Prof. Services
Cty Rd15 Watermain
Law Enforcement Training
Supplies
Police Uniforms
CJDN Connect Otr Invoice
Fuel
Reimburse for Work Boots
Repair Lights
Psych Evaluation
Dues
Dues
Repair Charge
Fire Supplies
Deductible
Reimburse for Conference Expenses
Legal Services
Supplies
Multi Jurisdiction Network
1st Otr '02 Benefits Charged
Credit - Casing
Service Call
Peace Officer Licenses
Publishing
Copy Paper
T eJephone
Chair, Supplies
Mise, Squad Equipment
Repair Squads, Maintenance
Towing
Uniforms
Office Supplies
Uniforms
3 Cell Phones
Alerts, 6 MDT's
2 Titles - Forfeiture for Resale
MN Session Law Service
Gas, Electric
Total
785.72
21,937.80
1,515.09
85.14
170.40
29,063.07
45,790.24
350.00
..65.19
313.00.
270.00
.2,102.63
20.04
201.00
300.00
170.00
664.0Q
95:85
235:21
500;00
387.26
6,~29.83
.....2521
1,000.00 _.
170.15
"98.00
44.13 .
270.00
120.00.
725.40 .
1,158.05
49.6.69
3,532.22.
951.58
186.38
266:74
505.88
98.99
1,038.34
5,920.00
18.00
217.79
_.25,12911
. 1,036,436.72
.....
\
EXHIBIT" A" TO RESOLUTION #2002-'78
'Page 4
..
Adopted by the City Council this
16th Day of April, 2002
;
.
',_J'
.'
.
.
.
.j
RESOLUTION 2002-75B
Municipality/Lessee: City of Stillwater
Principal Amount Expected to be Financed: $672,000
WHEREAS, the City of Stillwater ("Municipality"), is a political subdivision of theiState
of Minnesota (the "State") and is duly organized and existing pursuant to the COIlstitutionand
laws of the State, and its City Charter; and
WHEREAS, pursuant to applicable law, the governing body of the Municipality
("Governing Body") is authorized to acquire, dispose of and encumber real.and . persomil
property, including, without limitation, rights and interest in property, leases . and easements,
necessary to the functions or operations of the Municipality; and
WHEREAS, the Governing Body hereby finds and determines that the executiori of one
or more Master Lease Purchase Agreements ("Leases") in the principal amount not exceeding
the amoUnt stated above for the purpose of acquiring the property ("Equipment") to bedescrip,ed:.
in the Leases is appropriate and necessary to the functions and operations of the Municipality;
and
WHEREAS, Oshkosh Capitol ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, BE IT ORDAINED by the GovemingBody of the Mtmicipality:
Section 1. The City Administrator, Larry D. Hansen,.~the "Authorized
Representative") acting on behalf of the Municipality, is hereby authorized to ;rleg9tiate, enter,
into, execute, and deliver one or more Leases in substantially the form set forth in the document
presently before the Governing Body, which document is available for public inspection at the"
office of the Municipality. The Authorized Representative acting on behalf ofthe MUnicipality
is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating
to the Lease as the Authorized Representative deems necessary and appropriate'. AUother
related contracts and agreements necessary and incidental to the. Leases are, hereby authorized, if
approved as to form by the City Attorney.
Section 2. By a written instrument signed by the Authorized Representative, the
Authorized Representative may designate specifically identified officers or . employees of the
Municipality to execute and deliver agreements and documents 'relating to the Leases on behalf
of the Municipality.
Section 3. The aggregate original principal amount of the Leases may not exceed the
amount stated above and will bear interest as set forth in the LeClses and the Leases must contain
the options to purchase by the Municipality for the sum of$I.00 at-the end of the Lease term.
Section 4. The Municipality's obligations under the Leases are subject to annual
appropriation or renewal by the Governing Body as set forth in each Lease and the
t~.' j" .
Municipality's obligations under the Leases may not constitute generalobligatlol1s of the
Municipality or indebtedness under the Constitution or laws of the State. . .'
- " <-
Section 5. As to each Lease, the Municipality reasonably anticipates to ,issue not.
more than $1 0,000,000 of tax~xtempt obligations (other than "private. activity. bonds". which are .
not "qualified 501 (c)(3) bonds") dUring the fiscal year. in whicha Lease is .issued and, hereby
designates each Lease as a qualified tax...,.exempt obligation for purposes of Section 265(b) ofthe~.
Internal Revenue Code of 1986, as amended. ' .
Adopted by the City.Council this--"--,- day of April, 2002. ,
. JayL. Kimble, Mayor
ATTEST:
- Diane F. Ward, City'Clerk
.
.
.
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2002- 78
.
501 North Main, LLC
Accountemps
Ace Hardware
Amdahl, Chris
American Classic Homes
Applied Microcomputer Systems
Aspen Equipment
AT&T
AWl Diversified
Board of Water Commissioners
Bonestroo, Rosene, Anderlik & Assoc.
Braun Pump
Brock White Co
Buberl, Larry
Burchville Construction
Carlson Tractor
CarQuest
Chief Supply
City Engineers Assoc. of MN
Center for Transportation Studies
Century Power Equip.
Coca Cola
Cub
Daleo
Defensive Edge Training & Consulting
Dew Corp, ,
Empson Arc~ives
Erickson Post
Express Photo
Extendo Bed Company
Folz, Freeman & Dupay
Force America
Fullerton, Gary
G&K
Gilliam, Leeland K.
Glaser, Stuart W,
Goodwill
Government Training Service
Harrison, Sharon
Heritage Printing
Honeywell
Infratech
Ice Skating Institute
Jansens Cleaning Service
Johnny's TV
Johnson Radio
Lawton Printing
League of MN Cities
.
Disburse Grant Proceeds from DTED
Temp Services
Repair Supplies
Service Call Locks
Grading Escrow Refund
CAD Stormwater Modeling System
Air Compressor & Breakers
tong Distance
Repair Railings
Hydrant Repair
Professional Services
Repair.l..ift Station
Roadsaver
Animal Control
CtyRd 15Watermain
Hose
Auto Diagnostic Equipment
F. Dept. Supplies
Membership
Operator Training
Fuel Tank
Concession Supplies
Coffee for Fire Dept.
Supplies
TaserClass
Public Works Facility
Prof Services
Fuel
Processing
F. Dept. Truck Bed Frame, Tool Carrier
Land Surveying
Armrest Joy Stick
Work Boots Reimbursement
Uniforms, Rug Cleaning
Offi~e Max Reimb. Office Supplies
Mileage, Reimb. For Safety Supplies
March ADC Expenses
L. Hansen Conference
Mileage
Hockey Flyers
Security
Locating Services. at Arena
Membership
Cleaning
Police Digital Cameras
Maintenance Contract
Office Supplies
Seminar
37,050.00
668.70
76.45
1.77.40
1 ;50b~00
405:00
14;315.17
157.02
150.00 .
567.76
29,063.07
1,154.84
2,428.60
150.00
45;790.24
118.86
2,183.25
39.97
50.00
600,00
22.28
708.25
70.56
126,63.
195,00 .
525,91'7.00
4,500.00
4,877.35
9.06
1,979.06. .
1,772.?0 .
132.31
20.04.'
2,807.94
66.51
638,10
. 337.00
199.00
.71.72:
722.44
405.23
300,00
295.00
275.00
2,981,94
552.00
18.15'
120,00
EXHIBIT" An TO RESOLUTION #2002- 78
League of MN Cities. Insurance Trust .,
Lehmicke Construction
Lind, Gladys
Linner Electric
Maple Island Hardware
Menards
Met Council
Met Council Environmental SerVices
Met Life Dental
Midwest Children's Resource Center
MN Dept of Administration
MN Pollution Control
MN State Treasurer
Mobile Vision .
Nestle Ice Cream
Nobles, John
Northern Tool & Equip
Northwestern Tire
Osceola Sun
, pameco Corp
Press Publications
Red & Blue Tournaments
Reliable Office Supplies
Sf. Croix Boat & Packet
St. Croix Recreation Co,
Space Mobile & Modular Structures
Sprint
Stepp Manufacturing
Stillwater Gazette
Stillwater Gazette Classifieds
TH.T.
Tramex
. TRComputer Sales
Toll Gas & Welding
Turning Point
Ultra Galaxy
Universal-licensing Services
Valley Trophy
Verizon
Viking Industrial Center
Viking Office Pro(jucts
Village Brass .
Vogel Sheet Metal
Washington County
Waters, Kermit
Wet Tek
Whitehead, Simon -
Zee Medical
Workers' Compo Ins; Premium Audit
Snow Removal
. Payment
Recycle Bulbs
Repair Supplies'
Repair ,supplies
March SAC' Report
Wastewater Service
. . Cobra .
Video Tape
. Internet
City.Dump Site
First Otr State Surcharge
.. Wireless Mics& Video Cams Police
Concession Supplies
Inspections
Repair Seals
Repair-
Publishing .
Freon
Publishing
Advertisi\1gin Program
. Copier,T oner
'. March Arena Billing
Bleachers'
,T:~ailer Rental
. Cellular Phone
Pump..
Publication
. Publication .
Resurface Brake Rotor
Inspection Kit
Technical Services
Torch
Address labels .
WebhostiOg
~ License Renewal
Signs
Cellular Phone .
Gloves
Supplies
Plaques .
Install Locker RoomExhaust Fan.
Snow; Ice-Control, Repair Signal'
Accountability Passports
Cooling Tower Chemical
Refund Overpayment for Field Time
Supplies
Page 2
'..
139.00 -
2,369.50
927.00
109.80
187.46
8.37
14,256.00
78,068.10
34.22 .
20.00 '
170.18
1,740.00
4,214.46
22;035.00
72~24
245.00
82.24
1,475.36 .
181.82
72.6:80'
144.00
',. 225.00 .
640.56
52;165.38
. .7;549.08.
135.00
45.03.
-253.49 .
. .364.77
132.00
20.28
1,411.97
150,00
..57:22
.62.84
240.00
80.00
10.70.'
351.65
51.36
11.15
.316,38
>1,250.00 "
~' 3;063,52
'26.25
512.56
151.77
51.14
.
.
;...'.-.,
"J~
.
.
.
LARRYJ.DAUFFENBACH
CHIEF OF POLICE
CRAIG T.. PETERSON
CAPTAIN
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
April 10, 2002
To: Mayor and City Council
From: Captain Craig T.Peterson
Re: March of Dimes. Walk America
The March of Dimes. has requested. approval for their Walk America event to take place
on April 28,2002. They have submitted an application for the special event with their
suggested walking route. The March of Dimes has also requested one police officer
assigned to the event. 1 have reviewed the course route and recommend approval ~om the
City. Council for the event.
212 North 4th Street · Stillwater, Minnesota 55082
Business Phone: (651)351-4900 · Fax: (651) 351-4940
Police Response/Assistance: 911
. ,
f ilMater
"~ ... --~
TH E B I R 1H P LA CEO F M IN NE SOT A . .~.
Application for Special Event
fJ1 (ll7th N D/I'n-es
-rh e Y f))1 .Ltt;:-O all ItU~
Address 5~3 3 fdt iA. :./l1du5*;~(.g!vcl'
? cV'fw--- . State fUN
Phone Number 95d-
.
Organization
Contact Person
City
Zip
!pt/39 '
Name of Event
,t:" Xl/"'- ..
,
.
<:, ,"~.:';' -'~"(+"'i->~ f ~.
* ,*. *
:*
offi(;~.&i~;6~i~~.'..
,~~ ',;
$eJf, ..A/e~t!,L
- - - ~>\'
Speci~;;'. .
, '
~ ;. t:3~~"
~s.sing~dc()ordinat~()P:issigned to: '.
Distribllti<)',.?....;~:,,;I;;..';;:......P()li~..i...'.....~.;
\,~.?A{,i,f;{i,>.;:~,.
. ; ';' '~:,,~:~;~i~f~{~;"~\~~L;::'-- ,-
~ ,.- - .' - >',:
.f:ngineetfriW~bi-ibw.or~.
',:-", .
-- - - ': ~---~- ,,:' -~.--,
.. .PI~titl!rtg;;.
<",";.; -'-'"
,''':":''- ,-"....,- ____"
,':".--.-.;..,."-' ','
?L~) :<:,.--':_;-,;','~,:<
;.,.. ~':,- '-. ',;:' , -
, >;,'.~.'
. "', ,.-:-,',
Comments:
'"" ;',',:
~,,' :-:: '::'. ,-' ,- ):.~, ',".
. ;-::'~,"'-f>_J>';'-
_-:_~-k:,c-__ '.
.,<-;;. '.
. . ^~,. ~~~f~!iL,2Y-t~.;::'~\~;> .H:~'T:~~~~~
,,>>-~::,--- "
;.,....;'..
^ h.' '-':-- :':;f:~~~l~tD~~K)~'~~F~;l;~~:'. " ',/,
;C-_',,;;,,',,:_,
.
. . .
CITY HAll: 216 .NORTHFOURTH STillWATER, MINNESOTA 55082 ;PHONE: 612-439-6121
MRR-26-2002
14:56
MARCH OF DIMES
':!:;,.:::: l-!
. .........):;, >.t:lbl:>l
r-:.~'::::
G)
o
~
::I
r
.
._:TOTt=:L. P.02
.
Memo
To:
Honorable Mayor and COunCil... ~ ~.. ...
Kim A. Kallestad, Fire Chief Y^-. .
April 12, 2002
From:
Date:
Subject:
Contract for background checks
In order to effectively conduct background checks before hiring people, the Fire
Department desires'to adopt the attached contract with Mr. John Ballis..Mr. Ballis is a
retired police officer and has received special training for conducting background checks.
He has much experience performing this work for both police and fire departments.
Some of the cities and organizations he's worked for include St. Paul, Minnesota State
Police, White Bear Lake, and our own Police Department.
His rate is $25 per hour,
.
e
- .~:
. AGREEMENT
.
An AgreementDated:
By And Between: . City of Stillwater (the."City") and JohnT. Ballis ('~Consultant")
, .
Whereas, the City has need of specialized services in assisting it's department in conducting pre-
employment background investigations regarding applicants ,for the position of Fire Fighter and
peace officer and other positions Of City employment; and .....
Whereas, Consultant, :by. training arid experience,. has the skill and expertise to conduct through. .
pre-employmentbackground. inyestigationsofapplicants....as,.to..their fitness for the position of
employment.
NOW, THEREFORE,
It Is Agreed, by the City and the.'Consultant as follows, that:
1. The Consultant wilL perform .pre-,-employment background' investigations as
needed by the City, regarding persons who are applicant for the position of FireFighter, peace .
officer or other positions of City~mployment
2,
For the Consultant's faithful performance, the Consultant will be paid the surilof .' '..
per hour. .
$
3. The Consultant ",ill produce in-depth.written interviews.with.an accomp~ying
written commentary and analY,sis supported by documentation when. applicable as to the
Consultant's own evaluation of the 'fitness of the applicant.
4. The City is responsible for setting;the Consultant'shours,andmethod01pgy of
conducting any investigation aIld time lines as, the. City may esta~lish' for the. 'completion of any
investigation.
'. . . ',. . .
5. The City will furnish the Consultant with a vehicleaildprovide. for its
maintenance and liability provided the yel1icle is used ,-Within-the DePat1ment's .policyon:yehicle
use.
6. The Consultant will keep . confidential all. investi~ative .. reports and other
documents as may come into theitp()ssessionand,upon 'completion of an investigation, willttirh
over the documents to the City for itsuse~
...
.
.
.
7. The City will furnish the Consultant with items or identification and equipment
that are needed to establish the Consultant's relationship and perform their duties with the
Fire Department and the City. All items of identification and equipment furnished to the
Consultant must be returned upon termination of this Agreement.
~. The Consultant is at all times hereunder an independent contractor and. not an
employee of the City and is not entitled to any of the rights, privileges, and benefits granted
regular City employees.
9. This Agreement may be terminated without cause by either party upon fortxeight..
(48) hours written notice from one to the other and the City will be liablefor the value Of the'
Consultant's service to the effective dateofthe notice. "
10. The City liaison for the purpose of this Agreement will be the Fire Chief or'the
City Administrator or their designee. ' . .
11. The City will provide to the Consultant the level of indemnify the City owes to an
officer of the City pursuant to the terms and subject to the limitations set forth in the Minn. Stat.
S466.07.
12. The effective. date of this Agreement shall be the date first noted above and,
unless terminated as provided herein at an earlier date, will automatically terminate one (1) year
from the effective date.
13. That the City will indemnify. and hold harmless the Consultant for any claims
ansmg out of the Consultant's performance herein, the Consultant agrees to give his full
cooperation and assistance in the defense of any claims.
CONSULTANT
John T. Ballis
Address:
SSN
CITY OF STILLWATER
Kim A. Kallestad,Fire Chief
,RESOLUTION 2002-80
APPROVING AGREEMENT WITH JOHNBALLlS,;
.
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the
. Agreementbetweenthe City of Stillwater arid Mr. John Ballisforthe performance
of background. checks for the Jire department; 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 16th day of April 2002..
Jay L.Kimble;rVlayor
..:\, ','..
;..
Diane F. Ward, City Clerk
ATTEST:
.,'.
,''';
'"f
.,.
WASlllNGTON COUNTY - ASSESSMENT DIVISION
. Form4. Revised 312000
:.. .......... ...............................:...:.............;.........................:...:.:............................... ..:... . ..............:..:.:.... ....: ..... ,":'.' ," ....:-. . ...... ,". ..... . ...... ... .... . .. ...... ", ....... ,_. ......~..... " ...... ............. . un'" ........ ',' ........ ...... .... ..
Worksheet#
County of:
ASHINGTON
APPLICATION FOR ABATEMENT -GENERAL FORM (M.S;375,192);
CLASSIFICATION I DISASTER CREDIT I SPECIAL ASS:E;SSMENTS
. .
For property assessed (year)' 2001
Assessor's Estimated Market Value
Land $ 42 700
Applicant's Statement of Facts:
Structure $ 169 100
Total$ 211,800
Class
201-"5~000
and payable in (Yea;) 2002
Applicant's Name
Gail Blaisdell
Please print or. type
Applicant;s Mailing Address
2355 Walnut Creek Drive
Stillwater MN 55082
Applicant's Social Security Number
Telephone (work)
Street Address (if different from above)
Description of Property
Property ID Number 20.030.20.33.0018
Legal Description of Property
Lot 1 Block 2 Sunset Ridge Estates
MP Number
School District # City or Township Name
834 City of Stillwater'
An assessment from Waste Management (Garbage hauler for the City of Stillwater) was
placed against this property in error.
Applicant's Request:
Remove the assessment 6200020 for $53.55 ($48.68 Principal & $4.87 Interest).
Please issue a new Tax Statement for payable 2002 with the assessment deleted.
1
AppllcaDt's Signature: Date: 4/9/0Z
Note: MinDesota Statutes 1 ,ection 609.41, "Whoever, in making any statement, oral orwritteD, wbich is required or authorized bylaw to be made
as a basis of imposing, reducing, or abating any tax or assessment, intentioDal1y makeS any statement as to any material matterwhichth~ maker of the
statement knows is false may be sentenced. unless otherwise provided by law, to imprisonment for not more than oney!:.ar or topay'ment oh flDeofnot .
more than $3,000.00, or both.
Note: Must include CitylTownship Resolution for reductions on assessments
Note: Must include Fire report for Local Option Disaster Credit
RESOLUTION 2002:'8'1
ABATING DEUNQUENTGARBAGEFEES ASSESSMENT ON
PARCELNO~20.030.20.33.0018 .
..
. . . .
NOW THEREFORE, BE IT RESOLVED by the' City Council of the City of
Stillwater, Minnesota, that the assessments, including any penalties and interest,
levied against Parcel, No. 20.030.2().33~0018, for delinquentgarbagecollecti()n,>is
hereby abated. .
Adopted by the City Council this 16thday of April 2002.
JayL Kimble, Mayor
ATTEST:
Diane F. Ward, CityClerk
.
.
.
APPROVAL OF CHANGE ORDER #4
PUBLIC WORKS FACILITY PROJECT
(PROJECT 9619)
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, thatCb,angeOrder
#4 in the amount of $673,00 for the Public Works Facility Project is hereby approved:
Change order #4
Changes to masonry walls per ASI #7. Thus increasing contract amo.unt from $4,406,622.00
to $4,407,295.00. . ..
Adopted by Council this 16th day of April 2002.
JayL. Kimble, Ni~yor
Attest:
. Diane F. Ward, City Clerk
.
20 OOE 0 IT ION
AlA DOCUMENT Gl01~20()'
Change Order
(Instructions on reverse side)
DATE:
ARCHITECT~SPROJECT.NU M BER: 00119
10/29/02
Four (4)
03/13/02
TO CONTRACTOR: CONTRACT FOR:
(Name,.q.nd ad4rfss) .'
uewLorporatIon
Robert Dew
2125 Century Avenue
North SaintPaul,MN55109
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed amount attributable to p,eviously executed Construction' Change Directives.)
1. Changes to masonry walls perASI #7; add $673.00
Completed Contract
Work
OWNER ~
ARCHITECT .r,c
CONTRACTOR JI
FIELD D
OTHER D
PROJECT:
(Name and address)
Stillwater Public Works
3325 Boutwell Drive
Stillwater; MN 55082
CHANGE' ORDER NUM~ER:
CONTRACT DATE:
.
The net change by previouslyauth?rized Ch~ngeOrders s 201,356.00
The (Contract Sum)(C"'MtlHteeat1aa'BmltHlPri@e)priortothis Change Order was 54,406,622.00
The (ContractSumf(Cs.l!lht~~a t.1I!'!BHlMHl PPiee)wilIbe (iIlCreased) {d@El'@mdj
(uRGA.RRgga)l>ythisChange Order in,the ani.ou"Iltof s673~OO .
The new (ContractSl1~){C\(llnll.t88a}1itiiiIRVA1.~G'@)ind~ding this Change Order will bis' 4,407,29$.00
The Contract Timewillb~R\r~~M,.J)~illir8tlo@il)(unchanged)bY. N/A .. . ... )days.
The date of Substantial Completion as of th~date ofthisChange Order therefore is Dec. 1,2002
. , .
..". -
NOTE: This Change Order does not include ch:iI1g~in theCoI,ltract ~11II1; Contract Time or Guaranteed Maximum Price which.
hav~been authoriZed by Constru~iol1Charige Directive for which the cost or time are in dispute as described in Subparagraph
7.3.8 of AlADqcumel1t A201..> ..
Not valid ulltnsigne~ by the Architect, Conh'lIctor andOWll4!L .
ARCHITECT (fypedm,me)
~~~
(Signature)
. De\V C01'poration
Robert Dew
City of Stillwater .
KlaytonEckles.
SALAi\rchitests, mc.
Wayne Branum ..
vv A. '-t AY1; f3 (2.r.j IJ tl'W\
BY
/L.~~~.()~ .
BY
?/vt!o~
DATE I /
, '.@2000,'AIA@..
'tV~Jtt.LoAIA D~UMENT G701,2000
B , . . . ..CHANGEORDER .
JJ~lb~ .
. DAT{ '. .. ..
?'/ ~ ,. 0 ~..
DATE
@2000 The American Institute of Architects, Reproduction of the material herein or substantial quotation of its
provisions without written permission of the AlA violates the copyright laws of the Vnited States and will subject
the violator to legal prosecution. . . . .
.. WARNING: Unlicensed photOCopying violates U.S. copyright laws and will subject the violatono legal prosecution;
The American Institute'
of Architects'
1735 New '(ork Avenue. N.W
.. Washington.D.C. 20006-5292
RESOLUTION 2002-83
.
EXTENDING FIRE PROTECTION CONTRACTS
WITH TOWNSHIPS OF STillWATER, MAY AND CITY OF GRANT
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that
the fire protection contracts between the City of Stillwater, May Township,
Stillwater Township, and the City of Grant, for the period of May 1, 2001 to April
30, 2002, are hereby extended until August 31, 2002.
Adopted by the Stillwater City Council this 16th day of April, 2002
Jay L. Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
.
.
r
.
AUTOMATIC MUTUAL AID AGREEMENT
BETWEEN 'THE CITIES OF
STILLWATER AND MAHTOMEDI
FOR USE OF FIRE PERSONNEL AND'EQUIPMENT
'",I
WHEREAS, the cities of Stillwater and Mahtomedihave an agreementfor a j()infmutua.l aid
agreement for use offire personnel and equipment with each otherand,all IIlembersi'oftne
Capital City Mutual Aid Association, consisting of apprQx.imately thirty cities, and
WHEREAS, that Joint.MutualAidAgreement is not an agreement for automatic mutual aid,
but generally is activated after a fire department arrives at an emergency scene and assesses .
the need for assistance, and .
WHEREAS, the cities of Stillwater and Mahtomedi desire to be properly prepared to
manage and extinguish fires.and handle'other emergencies, and
WHEREAS, for purposes of this agreement "Automatic Mutual Aid" means a
predetermined response provided in this agreement, and
.
WHEREAS, in order to insure adequate preparations to protect the lives and property of the.
communities, the cities'desire to assist each other in emergencies as'provided in this
Agreement. '
NOW THEREFORE, as of this day of ,2002,pursuantto
Minn. Stat. 471.59, the cities of Stillwater and Mahtomedi agree to theJoint exercise of
police powers by initiating a policy of Automatic Mutual Aid with the following conditions:
Section 1. The Fire Chief of Stillwater or the Chief's designee, or the Fire Chief of
Mahtomedi or the, Chief's designee may immediately invoke this agreement upon receipt of
information of an emergency situation covered by this Agreement. At the Fire Chiefot .
designee's request, dispatch shall notify the responding city of the request for automatic aid~
Section 2. The Fire Chief or designee may obtain automatic aidpursllant to this Agreement in
the following emergency situation(s): .
* Structure fire
Section 3. After receiving a request for automatic aid, the responding city shall promptly
providethe requesting city with the following:
A fire engine with.a minimum of3 personnel
.
]
Section 4. The geographic area where Stillwater is the requesting party. and Mahtomedi is the;
responding.party, shall be within the area defined bythefoll()wingboundaries:'. ..
Startirig at ManningAvenue,eastonMNHwy 96 to Norell Avenue,. north on Norell
Avenue to 120th Street, weston 120th StreettoJamacai'. . .. ... . .
Avenue,sollth on Jamaca Avenue to the northetnedge .of the westboundroad!Vay of
MN Hwy 36, .~ast on thcnorthernedge of the westbound roadway ofMN Hwy 36 to
Manning Avenue, north on Manning to MN Hwy 96, .
Section 5,Thegeographic area.wQ~re~ahtomedi.i~th~ requesting party and Stillw~teris the
responding party shall be within the area defined by t4efollowingboundaries: .. ,
" ..'. ,.. . . .... .,... th' ... .... th '
StartingatMN Hwy36, nor,th on JamacaAveIlUeto12b Street, west on.l~O/ Street
to Ideal Avenue, southon Ideal Avenue and HiltonTr,ailto MN'Hwy 36, east on tne
n()rth service road ()f M:NHwy }6to JaIIlasll, Avenu~,
Section 6. The responding city reserves the right to retain equipment,p~rsonnel ana ~pplies.'
that maybe necessary to protect its own city, if an emergency arises within the responding .',
city, the Fire Chief or designeeofthe respop.ding city may recall necessary equipment,
personnel and supplies to meet the emergency, .,
Section 7. While ~ngagedinautomaticaid,at the requestiTI-gcity, the'persopnel ofthe
responding city are under the direction of the requesting city, but under the control. of the
responding city and are paid by the responding city. ..... .
Section 8. Therespondingcity isresponsibl~for.itsown personnel; equipment andsupplie~ '.
and the requesting city shall not b~liable for any injuries' to personnel or darjlageto ',. ...... '.
equipment of the responding city. 'In addition, the requestil1gcityisnofrequired to reimburse
..the responding city for supplies used as a reSult ofpeifonning underthi~Agreement,
Section 9. This Agreement shall commence on the. Effective Date and shan~~nti~ue ulltil"
terminated. This Agreement may be'terminated by either city upon 30 days writt,en notice.
Section 1 O,Any amendmelltstothis Agreement shall .be in writingc;lIld~sigriedbyall paT!ies.
. " . .
Section 11, This Agreemen!may bee~ecut~d in counterpllftS, anyone of which shan~be .
deemed an original, butwheri taken together shall constitUte one agreement, .
. ,
Section 17. This Agreerne~tshall be bincIing'upon atJd to the benefit of the cities and their
permitted assigns, and nothing in this Agreement, expressed or.implied~ is intended to confer
any rights or remedies upon any other person.
Section 13. This Agreemenfcontain~ the~ntire agreement ofthe cites. of Stil hVa,tei}l.Jld
Mahtomedi and all representations ",ith respect to automatic lllutual(l,id~ ~yprior ;
correspondence, memoranda or agreements. are repiacedintotal by this. Agreement,.
. .
Section 14. This Agteementdoes not replace or modifytheJointMutual Aid Agr~emelrt:With
the other governmental units.
2
.
STU,LWATER
Signature:
Name:
Title: Fire Chief
Approved by city counsel
day of ; 2002
Attest:
Signature:
Name:
.
Title: Mayor
Signature:
Name:
Title: City Clerk
.
MAHTOMEDI
Signature:
Name:
Title: Fire Chief
Approved by city counsel . .
day of ,2002,
Attest:
Signature:
Name:
Title: Mayor
Signature:
Name:
Title: City Clerk
3
.)
'.
.'
RESOLUTION 2002-84
.
. ". .."
. .
APPROVING AUTOMATIC MUTUALAID AGREEMENTBETW.~EN THE,
CITIES OF STILLWA TERANDMOHTOMEDIFOR USEOFFIRE,
PERSONNEL AND EQUIPMENT
BE IT RESOLVED by the Gity Gouncil of Stillwater, Minnesota,that.the... .
Agreement between the City of Stillwater and the City of Mohtome.pi for use of
fire personnel and equipment, as onfile with the City Clerk, is hereby approv~d,
and the Mayor and Clerk are authorized to sign said.Agreement.
Adopted by Council this 16th day of April 2002,
. Jay L. Kimble, Mayor
ATTEST:
.
Diane F. Ward, City Clerk
.
.
Met110randum
To:
Mayor and. City Council
,) tfV/
Klayton Eckles, City Engineer f-
April 12, 2002
From:
Date:
Subject: Acceptance. of Proposal for Lily Lake Arena Sewer Projec~
DISCUSSION
.
Last year when improvements were made to the Gr;eeley Street 1iftstation, it was discovered that'
the sewer line from the Lily Lake Arena entersdirt;:ctly into theJiftstation at an elevation that
reduces the operational effectiveness of the lift station, IT wasalso,discovered that the Lily Lake
Arena sewer line has huge amounts of infiltration enteringtht;: pipe. We measured the infiltrationh'
last week and found that approximately 20,000 gallons per day of ground waterisentenng the
sewer pipe, This equates to about $10,000 in fees for treatment ofthis infiltration wafer eachyear.
Therefore, at part of the Greeley Street lift station upgrades, staff has designed. 3 solution that
involves installing anew sewer pipe for the Lily Lake Arena, .
Attached is a proposal from Fuhr Trenching for $19,194.75. This price incluctesdiredionaldriJling
so none of the park or parking lot areas need to be disturbed.
RECOMMENDATION
Staff recommends that Council award a contract to Fuhr Trenching to complete ~he c.onstruction~f
a new sewer service to the Lily Lake Arena. . .
ACTION REQUIRED
If Council concurs with 'staff recommendation Council should' pass a motionadppti~g ares61~tion
accepting theprop'osaland awarding acoIitract to FuhrTrenching.. . . .
.
ACCEPTING PROPOSAL AND AWARDING CON1;IUCT'
FOR NEW SEWER SERVICE TO THE LILY LAKE ARENA'
. .'.
WHEREAS, a proposaLfor the construCtion of~ new sewer service to the Lily Lake ,
Arena has been received and complies':Yith the specification for such construction~ and .
WHEREAS, the proposal was presented to Council,
NOW, THEREFORE, BE IT ImSOLVED BY THE CITY COUNCIL OF THE
CITY OF STILLWATER, MINNESOTA:,
The Mayor and Clerk are hereby authorized and directed to erit~r into a
contract withF;uhrTrenching, jn thenam~ of the City of Stillwater for the
constructionof~ new sewer service to Lily Lake Arena. .
Adopted by th~ City Council this 16th day of April,;2002~
Jay L.kimble, Mayor
Attest:
Diane F~ Ward,. City Clerk
;;. iii
. '.
.
.'
.
. !Ju%r Urenchin!fJ gnc.
RICK FUHR
12539 MANNING AVENUE NORTH
8JGO, MINNESOTA 55038
.2-430-2782
PROPOSAL
it
No.
Date 4 / 1 0 / (I 2
Sheet No.
Proposal Submitted To:
Name- City Of Stillwater
Street
City
State
Phone
Work To. Be Performed At:
Lily Lake S~wer Project
Street
City
Date of Plans
Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
Estimate to insta~l new sewer line for Arena ~uilding to iQclude:
Hookup to existing pipe insid~and installclean6ut. $
Bore 4 " Sch40 Pipe out of bldq ..30ft @ 20.00
Install 6" SDR 35 PVC Pipe 'open trench and backfill
and compact. 385ft @ 13.15
City Will restore qrass cover.
Extra work if needed:
Cut Blacktopp for an area 10ft. x 200ft total 400 @ 1.10
Load blacktopp on City Trucks.
Deliver. and place 2" foam over pipe in Parking lot area
1600sq~ft. @ .60sq.ft.
Deliver and place 6" class 5 gravel 65 ton @ 14.50
Install Manhole. 48" 6-8ft. deep with frame & cover
Directional drill.6" pipe 251ft. @ 29.50
Install cleanouts as needed 2 @ 65.00
Install 411 Sch 40 PVC pipe froin bathrooms to manhole.
72ft. @ 10.00 .
DEliver and place 1!" rock pipe bedding 32 ton (a 17.5.0
Dewaterihqwill-be charged extra at the going rate.
All material is guaranteed to be as specified, and the above work to be performed in accordancewitl1the drawings and specifications.
submitted for above work and completed. in a substantial workmanlike manner for the sum of Dollars ($ 19,1 94.75 ).
with payments to be made as follows:
400.00
600.00
Total
$
5,062.75
6,062.75
440.00
00.00
960.00
942.50
1,975~00
7~404.S0.
..130.00
Any alteration or deviation from above specifications involving
extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond
our control. Owner to carry fire, tornado and other necessary
insurance upon above work. Workmen's Compensation and Public
Liability Insurance on above work to be taken out by
Respectfully submitted
720;'00
'560-.00
Per
Note-This proposal may be withdrawn by usif notaccepte~.
within days.
ACCEPTANCE OF PROPOSAL
The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do. the work as specified.
Payment will be made as outlined above.
Signature
Date
Signature.
.
.
.
Memo
To:
Honorable Mayor and Council
From:
Kim A. Kallestad, Fire Chief
Date:
April 12, 2002
Subject:
Automatic Mutual Aid Agreement
Part of the process required to improve the LS.O. rating in the rural districts that the
Stillwater Fire Department serves is that Automatic Mutual Aid Agreements must be
adopted with neighboring communities.
These automatic aid agreements differ from standard mutual aid agreements in the
following way. Automatic aid is initiated at the time of disPl;ltch to a qualifying event, a: ,
structure fire in the attached agreement. Standard mutual aid agreements willremairi in
effect, but initiation of those agreements is commonly deferred until the firstfirevehiclt:
arrives on the scene, often resulting in a delay up to ten minutes.
The attached agreement with Mahtomedi is the first of three such automatic aid
agreements I hope to send to you within the next few weeks. The other municipa.lities we
anticipate having similar agreements with are Bayport and Marine on St.Croix.
Together, these three communities are the logical choices for the large ge()graphicarea .
within Stillwater' s fire district.
The automatic aid agreements will not have overlapping boundaries. . The three 'areas
within our district where we receive the automatic aid are divided as follows:
.. .
Mahtomedi - East 213's of Grant, and Stillwater Township West of Norell Ave.,
Bayport - Stillwater Township East of Norell Ave. .
Marine on St. Croix - May Township, 120th Street to 150th Street.
Without such automatic aid agreements in effect, LS.O. will not grantthese rura(districts
a better rating than the current 9 on the scale of 1 to 10. With the automatic aid
agreements and after conducting a water hauling exercise this Spring witnessed by LS.O.,
we will hopefully be able to bring the rural rating down to approximately a 6 or-5. The
lower (better) rating would result in reduced insurance premhims for residents of those
areas.
Action Needed: If Council conquers, it should approve a resolution adopting the
Automatic Mutual Aid Agreement with Mahtomedi.
Attachment: Automatic Mutual Aid Agreement with Mahtoinedi
..
State of Minnesota
Gambling Control BoaI'd
Premises Permit Renewal Application
For Board Use Only..
,
Amt. Pd
Cheek.#
LG2]4PPR Printed: ]2/3/200]
.icense Number:B..OI058-001
Name of Organization: Elks Lodge 179
:.',
EffectiveDate: 7/112000
. ExpirntioIlDate:6/30120()2.
'. "; ,':' - "-'\
Gambling Premises Information
Name of the establishment where gambling will peconduct~cl
Elks Lodge 179
279 E Myrtle St
Stillwater, MN 55082
County: Washington
Note~ Our records showthepremises
is located within the city limits
.1;
Name of the property owner {If different):
Square footage leased permonth:
Rent paid permonth: ~- :
I
Square footage leased per bipgo occasion:;
Rent paid per bingo occasion: I.
Lessor Information
.
Bingo Activity
Our records indicate that Bingo is not conducted on these premi~es.
Storage Information
279 E MyrtleSt
Stillwater, MN 55082'
Bank Information
Firstar Stillwater Bank
213 E Chestnut St
Stillwater, MN55082
Gambling Bank
Account Number:. " 793343260
f"
On the lines providedbe]ow list the name; address andtitle of at least two persons authorized to sign checks and.make deposit~and
withdrawals for the gambling account. The organization's treasurer may not handle gambling funds," .!
Name
Address
City, State, Zip Code
Still/utel,.MN 55982
Gill) Riehllrtl IItltI.16ft
Bruce Allen William
Kam erschroer.
Robert Clark
362Wedgewood Dr
Mahtomedia, MN; 55115
2116 Fairmeadow Rd
. Stillwater, MN .55082
(Be sure to complt:~te.the reverse 'side ofthisapplication)
This form will be m.ade available in alternative format {ie. large print, braille) upon request.
Page lof2(Continued"onBack)
, .
n~
,
Minnesota Lawful Gambling . .' . . ..
Lease for Pun-Tab, Paddlewheel, Tipboard,and/or~affle;Activi~- LG221
Name of Legal Owner of Premises Street Address City State Zip. DaytimePhone
IbS
City
· Total rent cannot exceed$1;OOO,per month for all
non-bingo activity for this premiseS. .
· Fo~ bingo activity, use lease form LG222.
· For pull-tab dispensing machines, use lease.torm
LG223.
Rentto'bepaid per month $
(If no rent is to be paid,indicate-O-)
....... .. ..?L:-' ...... .......___.... . .i~.
-~'J.
Sketch and. Dimensions of Leased Area
Sketch: For all areas being leased.for the. conduct
of gambling and storage of gambling proclucfat this
prerilises, attach a sketch (drawing) shoWing: (1) the
leasedarea( s), and (2) the dimensions.
Dimensions .
The leased areas are:
For Premises pem1it...Rene~I..P.pplications'Only:,lfino
changes have been made at the~ite,y()u'donot have to
complete this secti()n.or provide aSl<etc. h.
. . . .,
" ':
Storage
. Storage
feet by ,
. feet by
feet by
feet by'
feet by
feet fora total of 2-,c; .', ..... square feet.
. feet for a total of . i .~quar~ feet.
feet fora lotal of ;sqi.Jar~ feeb
feet for a total of. squ~refe&. .
. feet for a total of square feet.
. COlTlbine<Hotal square feet"
Lawful Gambling. Activity
Type of gambling activity that will be conducted at this gambling premiseS. Check all that apply. .
DPaddlewheels 0PUII-T~bS DRames ~Pb6a~s
Term of Lease Amended Lease Only .,.
The term'ofthisleaseagreementwiUbeconcurrent with If this is an amendedlecis~, shOwi:~9 qhangesoccur-
the premises permit issued by the .Gambling.Control . ring. during the termofth~'current pr~isespermit,
Board, unless terminated sooner by mutual consent of. write. in. the date thatthe.changes..will..~.,effectiVe
the lessor and lessee.' ~--1~. 'Bothj)arties.thatsign~ the lease
mustiniticUanqdateali changes~' .
Questions on this form should be directeClto the Licensing
Section of the Gambling Controi Board (Board) at 651-639-.
4000,: This publication will. be made available inalterilative
format. {i.e. large print, Braille) upon request Hearing impaired
indMduals using a TTYmay call the Minnesota Relay Service
at 1-800-627-3529 and ask to plase a Call to 651~39-4000.
n'The information requested.. on. this;form will'becorrlepublici
. information when receiVed bY the Board; ari~wm:,beused to' ;. . .
determ~ne yourcomplia~ce wit~ .~inriesota.statut~.andrul~"'.
governll:lg lawful gambling actIVIties. .... . . ... . . .
. , . ~age l.of 2. .
, :1/99.'
';
,
.'
..
.
RESOLUTION 2002-79
APPROVING MINNESOT APREMISES PERMIT FOR GAMBl.ING FOR ~....
ELKS LODGE 179, AT ELKS LODGE 179, 279 E MYRTLE STREET,STILLWATE;R~
MN
WHEREAS, the Elks Lodge 179 at Elks Lodge 179,279 E Myrtle Street, Stillwater, MN
has submitted an application to the City of Stillwater requesting City approval of a !
Minnesota Gambling Premises Permit renewal application; and
WHEREAS, it has been demonstrated that the organization is collecting gambling
monies for lawful purposes; .
NOW THEREFORE, BE IT RESOLVED,.that the City of Stillwater~pproves of the,
gambling license requested by the Elks L6dge179 at Elks Lodge 179, 279EMyrtle . \
Street, Stillwater, MN. The Clerk is directed to sign the acknowledgement on JheperrDif
application and to attach a copy of this Resolution to the application to besubrnitted tol,
the Gambling Control BQard.' :
Adopted by the City Council for the City of Stillwater this 16th day of April, 2002.
Jay L. Kimbler, Mayor
Attest:
Diane F, Ward, City Clerk
1
State of Minnesota
Gambling Control Board
Premises Permit Renewal Application
AmtPd....
CheCk #
.LG214PPR Printed: 12/3/2001 .
License Number: B-01058-006
Effective Date: 11/112001
. ExpimtionDate: 6/30/2C)'02
Name of Organization: Elks Lodge 179
Gamblin~ Premises Information
Name of the establishment where gambling wtll be conducted
Cutters Pub & Grub
112 N Main St
Stillwater, MN 55082
County: Washington
Note: Our records show the premises
is located within the city .limits
Lessor Information
Name of the property owner (If different):
Square footage l~ased per month: 2- 0
Rent paid per mbnth: bOO__
Square footage leased per bingo occasion:
Rent paid per bingo occasion:
.
Bingo Activity
Our records indicate that Bingo is not conducted on these premises.
Storage Information
112 N Main St
Stillwater, MN 55082
Bank Information
Firstar Stillwater Bank
213E Chestnut St
Stillwater, MN 55082
Gambling Bank
Account Number: '793343260
On the lines provided below list thename,~dress and title of at least two persolls authorized to sign checks and~ake dej:lositsand
withdrawals for the gambling account. The organization's treasurer may not handle gambling funds.
Name
Address
t
City, State, Zip Code
StilI "attl ,MN 55982
e." y R;d..'\1 d Hudson
362 Wedgewood Dr
Mahtomedia, MN 55115
2116 Fairmeadow Rd
Stillwater, MN55082
(Be sure to complete the reverse side of this application)
This form will be made available in alternative format (ie. large print, braille) upon request.
Page 1 of2 (Continued pn,Back)
..;
Minnesota Lawful Gambling , .
. Lease for Pull-Tab, Paddlewheel, Tipboard,arlCflorRaffle A<;tivity -LG2~1
Name of Legal Owner of Premises Street Address City Stat~. Zip' Daytime PhorJe
Ir::./.-tIA,cz...D NP0~rC)/lJ C'. rWj.ItL-#FU/DSJ-I,-Lw.5r;6gL,t/S()-77'~
Name of Lessor .. . Street Address City State Zip ..Daytime Phone
(If same as legal oYVner. write in "SAME")
SAM
Name 6fLeased Premises c;ity
CUTTE~ Ub..fG-~ctB .!l2;.!UllIdJf,Sf-ILLl.J
Name of Lessee (name of organization leasing the. premises)
Il-L~ T -? E-LiLsPI1 .
Rent Information
· Total rent cannot ~xceed $1 ,000 per month for all
non-bingo activity for this premises.
· For bingo activity, use lease form LG222.
· For pull-tab dispensing machines, use lease form. .
LG223.
\.
· All organization may not pay relJtt9; itself.orto,
any ohts affiliatesJor spaceus~for the conduct
of laWful gambling. . .
Rent to be paid per month $ /'OGJ
(if no rent is to be paid. indicate. 4) (p..-: ..... . .. .. .
Sketch and Dimensions of Leased Area'
Sketch: Forall areas being leas.ed torthe conduct
of gambling and storage of gambling.productat this
premises, attach ask~tch(drciwing)stiowing: (1) the
leased area(s), and (2) thedimen~ions.'
. ...... .. ... . ... ... .
. FOr'Premis~sPennit.RenewaIAppUcation~Only: If'no
changes have been made atthe site, you donC)t have to
complete this secti.on or provide a sk~tch; .
Dimensions
The.leased areas are:
feet by .. .,
feet by
feet by
feet by
feet by
.
Storage
Storage.
..' square feet.
, square feet.
square feet.
square .feet.
Lawful Gambling Activity
Type of gambling activitythatwill be conducted at thisgamblingwemises. Check all that apply.
. .
DPaddlewheels ~UII-TabS ' I: .. ,1;Raffl~s C8-:nPbO~rdS
Term of LeaseAm.~ndedLease Only
,,:,.,. . ,I' '.". .. _' __..' -- _- <
If. this is an . 8rnended1eaSe shOWing changes occur-
ring during the lerm 'Of .the current premisf*,) permit;
write in the date thCit the chal1ges will be effective
~~~.Both partiesthafsigned tre lease
mustinitial and date all changes. ,...
Theterm of this lease agreement will be concurrent With
the premises permit issued by the Gambling Control .
Board,unlessterniinated soon~r bym4tualconsent of
the lessor and lessee,
Questions on this form should be 'directed to the Licensing
Section of . the Gambling Control Board . (Board) 'at6.51-63~
4000, This publication will be made_avaUableinalterriative
format (i.e, large print, Braill~) upon request. Hearing impair~
individualsusingaTTY may call the Minnesota Relay.~ervice
at 1-80(}"627'-3529 and ask to place a call to 651-639-4000,
, The information req~ested.on this formwiUbecomepublig,
infOl1'l)\'ltionwhen received by the Board, and.willbe used 10 .'.
. determine. y~r cotnpliaricewith Minne~otastatutesand,iules.'... ....
governing lawful gambling activities. ' . .... ...,
. . . Page 1 of 2
1/99
,
.
.
.
RESOLUTION 2002-85
APPROVING MINNESOTA PREMISES PERMIT FORGAMBLlNG FOR
ELKS lODGE 179, AT CUTTERS PUB & GRUB,
112N MAIN STREET, STillWATER, MN
WHEREAS, the Elks Lodge 179 at Cutters Pub & Grub, 112 North Main Street,
Stillwater,: MN has submitted an application to the City of Stillwater. requesting'City
approval of a Minnesota Gambling Premises Permit renewal application; and "
WHEREAS, it has been demonstrated that the organization is collecting gambling
monies for lawful purposes; .
NOW THEREFORE, BE IT' RESOLVED, that the City of Stillwater approves of the
gambling I,icense requested by the Elks Lodge 179 at Cutters Pub & Grub, 112 North
Main Street, Stillwater, MN. The Clerk is directed to sign the acknowledgement on the
permit application and to attach a copy of this Resolution to the application to be
submitted to the Gambling Control Board.
Adopted by the City Council for the City of Stillwater this 16th day of April, 2002.
jay L. Kimble, Mayor
Attest:
i .
Diane F. Ward, City Clerk
J
State of Minnesota
Gambling Control Board
Premises Permit Renewal Appli~ation
For-Board Use Only
Amt Pd
.~214PPR Printed: 12/312001
License Number: B-OI058-002
Name of Organization: Elks Lodge 179
Effective Date: 7/1/2000
Expiration Date: 6/3012002
Gambling Premises Information .
Name of the establishment where gambling will be conducted
" '.
Loggers
231 E Myrtle St
Stillwater, MN55082
County: Washington
Note: Our records show the premise:;;
is located within the citYiimi~
Lessor Information
Name of the property owner (If different):
Square footage leased per nionth: .. (.; -i. ...
Rentpaidper month: '654>. ...~.
Square footage leased per bingo occasion:
Rent paid per bingo occasion:
Bin'go Activity
Our records indicate that Bingo is not conducted on these premises.
.
Storage Information
231 E Myrtle St
Stillwater,MN 55082
Firstar Stillwater Bank
213 E Chestnut St
Stillwater, MN55082
Gambling Bank
Account Number: 793343260
Bank Information
On the lines provided below list the name, address and title of at least two persons authorized to sign checks and makedepdsii.sand
withdrawals for the gambling account The. organization's treasurer may.not handle gambling funds. .'
Name
Address
City, State, Zip Code
GAl J R;",lulI d IIud.,o..
362Wedgewood Dr
Mahtomedia, MN 55115
2116 Fairmeadow Rd.
Stillwater~~ 55082
(Be sure to complete the reverse side of this application).
This form willbe made available in alternative format (ie. large print, braille) upon request,
Page 1 of2 (Continued on Back)
~
Minnesota Lawful Gambling .
Lease for Pull-Tab, Paddlewheel, Tipboard, an~orRafflE;fActivitY - LG2~1
Name of Legal Owner of Premises Street Address
'L-LAtJ
. Name of Lessor .. Street Address
'(If same as legal owner, write in "SAMEj
S
Street Address
2.3 .
City Zip Daytime Phone
I-L/;/' r" lissage 1'3? - 0 I /
GCB license no: oforganizationn Daytime Phone
C> lo:.;-g ~O? 0S-1 ' :.f!, 'j' '.s:~7
Rent Information
· Total rent cannot exceed $1,000 per month for all
non-bingo activity for this premises.
e For bingo activity, use lease forin LG222, .
· For pull-tab dispensing machines, use lease form
LG223. .' .
· An organizCltionmay not pay rent to itself of,fq,
any of its affiliatesfofspace used forthe conduct
of lawful gambling. '
Rent to be paid per month $
(If no rent is to be Paid, iOdicate-O:-)
Sketch arid Dimensions of Leased Area
Sketch: . For all areas being leased for the conduct
of gambling and storage of gambling product at this
premises, attach a sketch (drawing):showing: (1) the.
leased area(s), and (2) the dimensions. ..
For Premises Pennit Renewal Applications Qnly: If no
changes have been made aUhe site, you do not have to .
complete this section or provide a sketch.
Dimensions
The leased areas are:
3
'C::,
feet for a total of
feet for a total of
. feet'for a total of .'
(g....
square feet.
square feet.
squ,arefeet.
square feet.
. square feet.
square feet.
. Storage
Storage
feet by
feet by
feet by
feet by
feet by ,
'feet for a total of
Combined total
Iff
LawfufGambllngActivity
Type of gambling activity that will be conCluctedat thisgamblingpremi~es, Check all that apply...
D Paddlewheels DRames DTiP~oards...'.
Term of t.eas~ Amended Lease Qnly
The terrp ofthis lease agreement will be concurrent wj~h If this is an amended lease showing changes occur-.
the premises permit issued by the Gambling Control ring during the term of th~currentpn~rnises permit.:,
Board, unless terminated. sooner by mutual consent of write in the date that the changes will be effective
the lessor and lessee. ~----1~. Bothparti~'thatsignedthelease
must initial.and datt~i3I1.ch~ng~.
;", .-...., . .' . '---:." .,'-'>
The information requested '09 this, f()rm, will becom~ public
information; \Yhen . receiv~. by'the. Board,and will be used tll,.
.' determine ,yOur, conipliance withMi~nesota statutes and rules
governing laWful gambling activities,.,.. .
;. Page 1. of 2
, 1/99
Questions on this form' should be directed to the Licensing
Section of the Gambling Control Board (Board) at 651-639-
'4000. This publication will be. made availabl.e in alter,native
format. (i.e. large print,. Braille) upon request Hearing impaired
individuals. using a TTY. may Call the Minnesota Relay Service
at 1-800-627..31529 and ask to place a~1I to 65Hl39.,.4000,
I
.
.
.
RESOLUTION 2002-86
APPROVING MINNESOTA PREMISES PERMITFO~GAMBLlNG FOR
ElK&LODGE 179, AT LOGGERS, 231 E MYRTLE STR~ET, STILLWATER;MN
- .,
WHEREAS, th~ Elks Lodge 179 at Loggers, 231 E Myrtle Street, Stillwater, MN .
has submitted an application to the City of Stillwater requesting City approval of a
Minnesota Gambling Premises Permit renewalapplica~ion; and
WHEREAS, it has been demonstrated that the organizatiqnis collecting gambling
monies for lawful purposes;
. .
NOW THEREFORE, BE IT RESOLVED, thatthe City of Stillwater approves of the
gambling license requested by the Elks Lodge 179 at Loggers, .231 E Myrtle Street,
Stillwater, MN. The Clerk is directed to sign the acknowledgement on the permit
application and to attach a copy of this Resolution to the application to be submitted to
the Gambling Control Board, .
Adopted by the City Councillor the City of Stillwater this 16th day.of April,2002;'.
Jay L Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
,
.
~
3
.
Check the. bo .xthatbestdescribes. you. I' 01'.9. an izatio.. n: . :.~.... .n...:......3..~'''..~......:.......:.................
D '01-'" '..:0, " .
. Fraternal ~ Religious . :1.--:.1.> ... . ?.:?~. .
D.Veteran 0 Othernonprofitorg~nization /:;~.,~ ,./ .U"S;~
Ch~~!I)fboX tOat indicat<lS tOe type of proof you'9tganization attached!o tOis apr,~.~n;., \ ,,,;(ic.'~ '. .'~..
D... . IRS letter IndIca. bng In. c.ome tax exempt status.. .. ..j (t.. ';"0. 0.~~~\~!.~'.1
D.....0.'ert ificate.. Of. G.~O...d. S. tan.ding.. fro~the Minnesota S ecre.tary. of S ta.. te.....I.~.. Offit......~...e'.:~.'..~.:...~.......~..... e~. ~\~~1&'.'~ ..... 0...... ... .
D A charter showtng,you.are an affiliate of a parent nonprofit organIZation .. \5."'-. .. \j?>fS'. .~o?> . ..~
&J Proof previously submitted and on file with the Gambling Control Board'\.O~6 .'. t;';t:'
~tt:).. .. ,,'-' .
. :"''l.'''.0ICO',.\i'' /"
. .4;.:. ,-'" """.;:<
Gamblit'l Prem ises hlfol'rilation
Name of premises where gambling ac;tivity will be COrdU?e. d (for raffles, rlSUhe site where the (jraWil1gwilltake place)
S -t-. > ~\[~'\~ \.5 f\,'.'\~
Address (do not use PO box) City
413 S, s--ttA s\- ~\itlUl~~
Date(s) of activity (for raffies, indicate the date of the drawing)
S )~.-y\
Minnesota Lawful Gambling
lG220 - Application for ExemptPermit
Organization Information
Organization name i (
5-\- ' \\~<k l' \.) 5
Street
423 S~ S~fl~ ~+"
~~,~,'Qfch~f~xecutive rifficel' (CEO) ~
Firstname. . . f . A
~'8I~ l"~ {V\A CA,6\..l>L
Name of treasurer
Firs~ame
\o(lVS<S~\.\
Type of Nonprofit Organization
City
'S + i \ lw t(\-C't---
Lastname 0..1/ t.. I..,.. i ,
- , ,,,) ~ \A.XZ.. c...... UM::.
Last name
WC"'- vV.::J
Z.QD?-,
D....ayti. 'mefh...one... .ng. n1bt. ,o.Te. EO..... ..... ....~~
....~ ~\3,.3-,{&Q
Daytime phone number of
treasurer:
Q"5'\- U3G\<\2+ 0
StatelZip CodeCounfy
M WSc;b~2Wa.o~j~\
Check the box or boxes that indicate thf:l type of gambling activity your organization wiD be conducting:
I)(t*PuIl- Tabs. []*Tipboards
~ *Bingo ~ Raffies (cash prizes may not exceed $12,000) 0 *Paddlewheels
*Equipmentforthese activities must be obtained from a licensed distributor.
This form will be made available in Your name and and your organization's
alternative fOl1l"lat (Le; large print, Braille) name and address wiD be public information
upon request <The information $tuested when received by the Board. AD the other
on this form (and any attachments) wiftbe information that you providewift be private
used by the Qambling ConlrolBoard data about you until the Boardi~ues your
(Board) to d.etermine your quarlficationsto permit. When lhe Board issues y()ur
be involved in lawful gambling activitie.s in permit. aD of the information that you have
Minnesota... You have the right to refuse to provided 10 the . Board in the : process of.'
supply the information requested; however. applying for your permitwift become pubrlC;
if you refuse to supply this information, the If the Board does not issue you a permit,
Board may not be able to determiile, your . all the information you have provided in the
. A. quaJificationsalid, as a consequence, may process of applying for a permit remains
~ ... .. refuse to issue you a permit, If you supply private. with the exception of yournarlle
~~ ~ information requested, the Board wiD and your organization's name and addr~
tf:;!E'{'f~ able to process your application, which will remain public.
. . Private data about you are available only to
~~ .,/ctbko--.
r"tfC
thefoDowing: Board mElmber$, staff.of the
Board whose worlcassig"nment requires
that they have acceSs to the inforrnation;
the Minneso~ Deparlmf:lQtof~ubIicSafety;
theMinnesota.Attor~f:lY General; the
Minnesota Commissioners of
Administration,Finance, and Revenue; the
MinnE~so~Legislative J\uditor."nl:\tional and
intematiol'lal gambrlOg regulatory agencies;
anyone pursuant to. court order; other
individuals...andagencies that are
specifi~l\y,authorized<by state. or federal
law to Have access to the information;
individuals and agenciesJo~ which law or
le{Jal ?rderaUtho~esanew use or sharing
of infOrmation. after this Noticf:lwas given;
c:lnd anyonew' . .
LG220 - Application for t;,;(einpt Permit
Organization Name
Local Unit of Govemment Acknowledgmenf .
If . .......mmr.. <t..e'ith,......i+..r ."ts th
.Jg1:P,,,.,~;~'wl .m~~",~,Jrol ,'e
n'mis'~pplicati()n; .
On behalfof.:the city, I acknowledge thisapplicatiQn.
Check the action that .
the city is taking on this application.
O Th~"cityapprovesthe application with no
waIting penod.
,
lithe gamblillgpremises,is located in a township, both
the county and toWnship must sign this appiication: .
On behalf. of the county, I aCknowledge thiS application.
Checkthe acti<m that .
the county.istakingonthis application.
DTh~.coun~'approve"s the application with nb:
'waibngpenod. .. ."
O The city approves the application witha30 daY.
waiting period, andallqws the Board to issue a
permit after 30 days {6ncJaysfor a first class'
citj}.
o Tl)ecounty appr~veS the apPlic~t~n<'VittJa:30dClY
waiting period, a[ldallows the BO(;ird.to issue: a......
permit after 30 days. . .
o The city denieS theapplicatiOn~
Print name of city
Title
Date
I
Chief executive officer's signature
Name {pJease print) \y\\"t..\;\&--&
Mail Application and Attachments . .
;
At least 45 days priortoyourschedllled .activitydate send:
. the complete9 application,
· a copy of YOlJf prodfof nonprofit status; and
· a. $25 application fee (make check payable to"State of Minnesota"):
Application fees are not prorated, refundable, or transferable.
Send to: ..Ga~blingCohtroIBoard
1711 West County. Road B; Sui.te 300'South
Roseville. MN 55113 .
If yourapplicatiOnhasriot .
been:acknQwledQedby,th(3 .
local unitofgovemment ()r
.. has been denied;: do not
send tneapplication to ,the
Gambling. Control' Board~
I
I
.
APPLICATION FOR PERMIT TO SELL
Permit No
2002 - 112
Location Lily Lake Ballfields
Organization
Organization Type (Individual, For-Profit, or Non-Profit Individual
First Name Chad
Last Name Rogness
Address 314 S Hemlock St
City Stillwater
Date of Birth:
State MN Zip 55082
Mailing Address (if different than above)
Home Phone
Work Phone 248-2583 (cell)
Event (softball game, wedding, etc~ Ball Tournament
Type of Activity (fund raiser, dancing, music etc.)
aeginning Day: . Friday, May 03, 2002
Ending Day Sunday, May 05, 2002
Beginning Time 5:00 PM
Ending Time 8:00 PM
Selling of Beer 3-2
o
Selling of Beer (over 3-2)* ~
Selling of Liquor*
Selling of Wine*
*Requires a temporary license through MN Liquor Control
o
o
Diane Ward, City Clerl{
OFFICEUSEONL Y
Permit to SellIssued
o
Approved. by Ci~ Council on
.
'.
')
..
THECITY OF STILLWATER
MODIFIED DEVELOPMENT PROGRAM
for
DEVELOPMENT DISTRICT NO.1
and
. ~
THKESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT N,"O.'9
.
.. '.
AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO.9.
IN
DEVELOPMENT DISTRICT NO.1
Public Hearing for consideration of adoption
April 16,.2002
.
~
TABLE OF CONTENTS
'..'
Page .
ARTICLE 1 - DEFINITIONS ..;.~................:....;...............................................................................1
Section 1.01. Definitions. ....:.......'.....;...:...................;.............:..;:...................................................1
~ -c
ARTICLE 2 - STATEMENT OF NEED,PUBLICPURPOSEANDAUTHORITY ..:.....uo....... 2
Section 2.0 I. Restatement 'ofNeed and PublicPurpose.....................~...,......................:............2.
Section 2.02. DevelopmentDistricts; Statutory Authority. ....................~.......................:.uo..~...3
Section 2.03. Tax Insrement FinancingDistIjds; Statutory Auth?rity.:.......'......;....................~.J..
ARTICLE 3 - STATEMENT OF GOALS ANDOBJECTIVES......uo...................uo.....,............~J
Section 3.01. Statement of Goals. ..... ........... ....:;..... ........................... ..... ..,... ....................: .........3 ..'
Section 3.02. StatementofObjectiyes: ....:... .... .:..';..:... ,.....,......... ..... ....... ~... ..:~..... .... ....... ~.. .......:..3
Section 3.03. Actions'to ACcomplish Obje,ctives, :............ .....:....;........... .......... ......... ....,~. ....:.....4
Section 3.04. Public Improvem,ertts;Publit CostS; Costs. ........;uo....;...............;..............i.{.........~
Section 3.05. Environmental Controls. ............................... .......'.........: .... ....'.... ............ ....;.............5
Section 3.06. Reha.bilitation.. .....:........... ........... .:.. .............. ............,........ ...;............ ....,. ............. ..5
Section 3.07.. Relocation.. ..... ................ .;.........~.. ..,............... .... ......,...... .... ........... ........ ..... ...... .,.5
Section 3 .08. Modification. ... ......,........ .... ~ ,: ..... ,:..:.... ... ..: .... .......... ........ ... ... .... ... ...... " " ,..... :.... ... ..5
ARTICLE 4 - T AX.INCREMENTFINANCING PLAN NO. 9 .....................uo........................~.. 5
Section 4.0 1.Stc:itementof Goals and Objectives. ....uo.;..,........;.L;.~....~.......;.....;~...............;........5
Section 4.02. 'Statement. Actions toAccomplish()bjectives...........................................,..:..;...:.,5 '..
Section 4.03: Property to be Acquired. .'...........uo.......".....;;...,...uo....,..;............................,.:.::~..5
Section 4.04. Land to be Included in Financing District No; 9. uo................,.......:........:..,..,....:S,
Section 4.05. DevelopmtmtActivityforwhichContracts Have Been.Signed. .......,.............,.....6
Section 4.06. Specific Development Expected to Occur Within the District No.~;
Need forTax Increment Financing. ," ...... ....... .... ..........,. ..... ..... .,..... ........ ............6
Section 4.07. . Estimated Pu~lic Gps.ts. ..;....~..........................;..........................,.......................,....6
Section 4.08. Estimated AmountofBonrled Indebtedness arid Authority to Borrow...............7
Section 4.09. Sources of Revenue........:..:.'. ..... ...............~.. ......... ....: .:....:.... .................... ........:....7
Section 4.10. Original Tax Capacity Value.: .....,..........uo.............,......,........................................7
Section 4.11. Estimated Captured Tax Capacity Value and Computationof Tax
Increment....... ..........,.... .................... ,.............................:.........,... .~................. ...,...7.. .
Section 4.12. Duration .of Financing District No. ~;..'~.........;.....................:.....,.................,...:....8
Section 4.13. Estimated Impact of Tax IIwrement FimlIlcing......:......................................;..~....8
Section 4.14. . Fiscal Disparity Contributions. .....,:........"......uo..........................................}uo.....,8
Section 4.15 . Use of Tax Increment....... ....... ........................ ....... .............. .......................,.......8
Section 4.16. Excess Tax Increments. .........................,........................................~....,.............,.....8
Section 4.17. Administration of Tax Increment~Finaricing District...........................................9
.
1
v
.
.
.
ARTICLE I -
DEFINITIONS
Section. 1.01. Definitions. The terms defined below shall,. for purposes.. of this.
Development Program and all related tax increment financing plans, have the meanings specified
herein.
"Bonds" means Tax Increment Bonds or General Obligation Improvement I,londs issued
by the City to finance the cost of public improvements in Development District No.l.
"City" means the City. of Stillwater, a municipal corporation and,politicalsubdivision of
the State of Minnesota. .
"Comprehensive Plan" means the City's Comprehensive Plan wl1ich contains the
objectives, policies, standards and programs to guide public and private land use,' development,
redevelopment and preservation for all lands and water within the City, as approved by the
Metropolitan Councilfrom time to time.
"Council" means the City Council ofthe City.
"County".means.the County ofWashiIlgton, Minnesota.'
"Development District Act" means Minn. Stat., ~~ 469.J24througl1A69.134, as ameIl;ded
from time to time. '
"Development District No.1 "means Development District No.1 in the CitY,. which has
been established pursuant to and in accordance with the Development District Act and cQIIlprises
the area described on the attached Exhibit "A".
"Develo..pment Program" means this Development Program for DeveloPll1ent District
No.1, as amended from time to time. As defined in Minn.Stat.,~ 469.125, Sub<;livision 3, a
development program is a statement of objectives of the City for improvement of a developm~nt
district which contains a complete statement as to the public .faciljties to .be constructed withiIl;..
the district, the open space to be created, the environmental controls to be applied, theptoposed
reuse of private property and the proposed operations of the district after the . capital
improvements within the district have been completed. '
"Financing District No.9" means Tax Increment Financing District.No; 9 of the City
which is established within Development District No. 1 pursuanHo the Tax Increment Financing
Act, and comprises the area described in the attached Exhibit"B".
"Financing Plan No; 9" means the tax increment financing plan, adoptedfor:pinancing
District No.9, which is set forth in ArtiCle IV, iasamended from time to time.
"Public .. Costs" means 1 the . cost of all 'public. impr()vements.. and. all other. costs. to he.
incurred by the City in aid of Tax Increment District No.9, as showniri 'FinancingPl~nNo. 9.
"Property Area" means the area within Tax IncrementDistrictNo.9.
~
"State" means the State of Minnesota;
.'.
. >' .. .
"Tax Increment Bonds" means any general obligatjon or. revenue. bbndsio.he issuedby
the City pursuant to the Tax IncrementFina~cingAct to fInance the Public costs "incurred and to
be incurred by the City in and "of Development DIstrict No. 1 as; stat~d in il1e ,Development
Program, Financing Plan No.9, and aIlytax increment.financingplan~here(lfter adopted with
respect to any other tax increment financing district established within DevelbpmentDistrict
No.1. the term "Tax Increment Bonds" "~lso ii1cludes~ny obiigationsissued.ton~fundthe Tax
Increment Bonds. . '.,
"Tax'.. Increment Financing Distrid';means'anytax lricrement: financihg "district
established or to be established in the future in Development District No~ L
- .
"Tax'JncrementFinancing Act'; meansMiIln~ Stat., ~469.1,74tfuough 469.179, as
amended from time to time.
. .
. ., .
"Tax Increment Financing Plan" means anytaxih~rement financing planad6pted with
. respect to a Tax Increment FinanCirig District. ..
ARTICLE2-
ST A TEMENT:OFNEED,plffiLI€,PURPOSE-ANQAUTHORITY
Section2.0f. Restatemeht of Need' and Public Puwose. ,",The'City Council of the City
has determined. that there is a need for ,the City to take certain actions.designed to encourage, '..
ensure and facilitate development. and redevelopment by the private sector . of underutilized. and;
unused land located within the cOrporate linlltsofthe City, in order to provide additionalbousing .
opportunities for residents of the City" and thes:urrounding area, to improve the tax base of the
City, Indep~ndent School District No. 834 (the School District)"aild Washington County,(the
County),. thereby enabling them to better utiliZe existing public facilities andproyideneeded
public services, and to improve . the general ecoIiomy of the. CitY, the CoUnty and the . State.
Specifically, the City CounciLhas determined that th~property :within De:velopm~ntDistrict
No. 1 is either underutilizedor unused due to a varietyoffactors~,includingdue toavariety of
factors, . including tfagmented . ownership of the propertY, inadequate and multiple. z()ning of the .
property, excessive property cost comprising C(?sts of ctearance, grading,and soilcotrectibn,and
inadequate public improvements to serve the.propert)T;.all..ofwhich have resulted in a lack of
private investment; ~hat, as'a result, the property is not providing adequate: housing opportunities,
and is noLcontributing to the.tax bas.e and general econ()my,ofthe City, theSchool District, the
County and the State to. its full potep.tial; an~, therefore, that itisnecessary fotthe City toeJfyrcise
its authority under the Development District Act and the Tax Increment Financing Act to. develop,
implement and finance a program, designed to . encourage, ensure. and facilitate the development
and redevelopment of the property located inJ)~velopment District No..l into low and moderate
income housing units and. t() furilieraccomplishtl1e public purposes specifIed in this paragraph.
The developmentl'roposed for the DevelopmentDis~ct No: 1 woulO'l1ot occur-solely
through private investmell~iin tile foreseeable future; Ja*- Iticrement Financing. Plan ,No~ 9 is
consistent with the Development Program; and the Financip.g Plan No.9 will afford l11aximum .'
opportunity, consistent with.the. sound needs of the. City .as a whole, . for' the. development or
2.
.
redevelopment of the property located in Financing DistrictN6. 9'andtheJ)evelopmenfDistrict
No. lby private enterprise. .
The welfare ofthe City, the County and the State ofMil1llesota requires active pt<>m?tion",
attraction, encouragement and development of economically sound industry and, cQlllIIl~rceby.
the City.
Section 2.02. Development Districts: Statutory Authority. The DevelopineritDistrict
Act authorizes the City upon certain findings by the City Coullcil, to establish and"desigtiate
development districts within the City and to establish, develop and administer development
programs, therefore, to meetthe needs and a. ccomplish.the pub. li.c. p.urposes!ipeeifi.led.ill2....0.. 1. In
.. . ........ . '.' "........... ',' ..... ,. ..... "
accordance with the purposes set forth in Section 469d24 of the Development District,Act,:the
City Council has established Development District No.1. '
< ,
Section 2.03. Tax Increment Financing Districts: Statutory. Authoritr. The Tax
Increment Financing Act authorizes the City, upon certain findingsbY.tl1eGitYC'f9uncil,to
establish and designate tax increment financing districts within DevelopmeptDi~trict~o. lanq
to adopt and implement a tax increment financing plan to accomplish the Development.Progrwn
established for Development District No.1. ,. .
ARTICLE 3 -
STATEMENT OF GOALS AND'OBJE.CTI~S
, ,
. Section 3.01. Statement of Goals. The COuncil determ.iIl~!:)th~ttheestablishment oJT~x
Increment Financing District No.9 therein wilL provide the City with the ability to a9lii~ve
certain public goals and objectives not otherwise obtaina:hleip.the foreseeable futUre without
City intervention in the normal development process.'Fhesegoals include (a) restoring and
improving the tax base and tax revenue generating capacity of D~velopment District~().l ; (b)
increasing employment opportunities and employment in th~City; (c) increasing the supply of
all types and levels of housing inJheCity,. inc1uding housing affordable by persons ofJ9wand'
moderate income; (d) realizing comprehensive planning goals; (e).removing.blightedconditions;
and (f) revitalizing the property within Development District NO..l 'to icreate an attractive,
comfortable, convenient, and efficient area for. industrial, commer~ial, governmental,
convention, affordable housing and related uses.
.
Section 3.02. StatementofObjectives~ The City seeksto'achievetliefollo:wingprogram
objectives of Development District No.1:' [,i,,, ,.
1. Secure the prompt development of property in thel)istrictfor,it~highestand best
use, in a manner consistent withtheCit)"s Compre9~nsivePHluarid,'Yitha
minimum of adverse impact on the environment;' and. th~I'eby promot,e and seGure
the developmellt of other land in. the City. . .
Secure additionaLiemploymentopportunities withinthe<'l)istrict and<the .City, for
residents of the City and the surrounding area, therebY impro\r.jn? living
standards, reducing unemployment and the loss ()f skmedand unskilledJabor and
other humauresources in the. City.
2.
3
\,
. Secure the increase of real property subject to ad.Valorenftaxationbythe..City,
Independent . School District No. 834, Washington County,' and other taxing
jurisdictions, in order to . ~etter.enable such entities to pay . for governmental
services and. programs required to. be provided bythem~
4. Providef6r. the financing .... and'd>nstruction . ofpyblic improy'~ll1ents in and
adjacent to the. District, necessary for the orderly arid beneficial deyel()pment of
the District andadjacentare~~ofthe City.
3~
.
5; Secure appropriate development in-the> District so as'to maintain',the area in a.
manner compatible with its accessibility and'prominence in the City.
6. Secure expansion;jmprov~ment~.and development of ~xisting businesses in the
District and the City. .
. Cre~te' a'desirableandunique cl1aracter \vitniri.. the Distri~t through,qualityJan~
. us(falternatives. .
" ", .. ,
8. Provide '. for. housing interidedfor occupancy.in. part by persons or familie!iwitl1
low and moderate. income as defined in Ch~pter 462A, Title II of the 'National
Housing Act 0(1934,> the Nati()nal. Housing Act of 1959, the UnitedBtates
Housing, Act of 1937, . asamended,;:ritleVofthe Housing Act of 1949, as
amended; a~d,any other similarpr~sent or' future federal, state or municipal laws
or rules promulgated under-those acts.
Section 3.03. Actionsto:~ccolnplishObjectives.h Actions to be taken by the City to
accomplish the goals and objectives set forth in Section3.01andSection3.02 included:. .
.~.
. "-,c'
1. Acquiring property or property rights ..:whichis vacant,ul1ysed,'underuse<i, or
. inappropriately used for new or expanding~!iesasw:enashousipguses.
" ,,' ,- "',">; '.:..,...:..,......, .
2. Acquire, property..contai~ing, .struChlrally .substandard..: b~ildings and. remove
structurally substandard buildings . for which rehabilitation is .notfeasible:"
3.Resellprop~rty > described > in paragraphsl and. 2 'for development or
. red.evelopment consistent:with the peyelopment Program of DeveloPIIlent District
. ..No.;l.
4. Encourage. the renovati()~. ~ndexpansion of existing structures.
5. F:limi~atlng blighting,iIlfluenceswhic9 Wtpe~~ potelltial development;
6. Acquisition of propertY for' park andtrailputposes. and providing park~Il.d trail
improveme~ts to cOInplimentpriv~te devel,opp1ent.
7.
Constructirigroad" bridge, sanitary .sew~r,\Vater, .stofIll'sewer, street,sid.ewalks
and other local improvement~ needed to serve existing and pr()posed development
consistent with the Development Program of DevelQpment District No. 1, the
.
4
.
Comprehensive Plan, and the Financing Plan for. Tax Increll1ent financing
District No.9.
8.
Pay principa~ and interest on General Obligation Improvement Bonds pursuant to
Minnesota Statutes, Chapter 429 and General Obligation Tax IncreIIlentBonds
pursuant to the Tax Increment Financing Act to. finance the :costoLlocal
improvements constructed to serve Development District. No. I, and other public
costs incurred and to be incurred by the City in.and of~he District in accordance
with State law.
Section 3.04. Public Improvements:. Public Costs: Costs. .The public' ~mp!ovementsto
be made within Development District No. I include sanitary sewer, water, storm..sewer, road,
bridge, recreational; parking, park, open space, sidewalk and trail improvements. .
Section 3.05. Eilvironmental Controls. The proposed <ievelopment activities hl:the
District are not expected to . present sigIiificant environmental concerns. However, all InuWCipal
actions, public improvements and private . development shall be carried out in a. )nanner
consistent with all applicable federal and state environmental controls and standard~, all
necessary documents relating to environmental impacts shall be prepared, and all necessary
authorizations relating to environmental matters shall be obtained.
.
Section 3.06. Rehabilitation. Owners of properties within Development District.No;'l
will be encouraged to rehabilitate their properties to conform with the applicable state and local
codes and ordinances, as well as any design standards.
Section 3.07. Relocation. The City accepts its responsibility for providing for relocation ..
assistance pursuant to the Development District Act and the Tax Increment FinancingAct.
Section 3.08. Modification. A Development Program for.Development District No.. I is
amended to include Articles I through III and also to permit.as part of the amended program, Tax .
Increment District No. 9~ as established herein.
ARTICLE 4 -
TAX INCREMENT FINANCING PLAN NO.9
Section 4.01. Statement of Goals and Objectives. See Sections 3.01 and 3.02 fora
statement of goals and objectives for Financing DistrictNo. 9. Further, the District is created as
a Housing District within the meaning of Minn. Stat. ~ 469.174, subd. II. ...
Section 4.02. Statement Actions to Accomplish Objectives. See Section 3.03 fora
statement of the actions to be taken by the City to accomplish the goals and>o.bjectives set fottb
in the Development Program for Development District No. I.
Section 4.03. Property.tobe Acquired. None other than property already owned by the
City.
.
Section 4.04. Land to be Included in financing District No.9. TheJ.-and to be included
in Financing District No.9 is described on the attached Exhibit "B".pThis property is owned py
the City in fee simple, absolute andis theo.nly land that will be included ,in the District.
5
Section 4.05. Development Activity for which Contracts;Have Been Signed. As of the . ..
date of adoption of this Financing Plan No. 9~. tlieCity. has entered . iritoa Development
Agreement with CURVE CREST VILLA Limited Partnership, for the development of theJarid,
in Financing District No.9' as a Housing District~howevei~ no tax increment funds have been;
expended pursuant to that agreement.
. .
Section4.06. Specific Development Expected to"Occur'Withinthe District NO;' 9: Need
for Tax Increment Financing. The developmerttactivities propo~ed to take place within the
project include the construction by CURVE CREST VILLA of eighty(~O). units and the
construction of streets~ sanitary sewer mains and services~ water mains.' and services~"and storm
sewer facilities, sidewalks and services necessary to s.ervethe. project. The ..proposed
development~ in the opinion of the City, .could not reasonably he. expected' to' occut solely
through private. investment within the reasonablyfor~seeablefuture,aria.:thtis the use of tax.
increment financing to. assist the proposed development is necess~ry..Thisdetermimition is
based upon studies 'made by the City as to the cost' of providing sewer'arid'water service to the
land in Financing District No.9' and Dev~lopment District No.1, astorrn. wat~r and drairiage
control study done for the District, and pl~ing studies of the areathatwere dpneiIl preparation
for. the Comprehensive Plan Amendment recently submitted t<>theMetropolitanCouncil for:
revIew.
Section 4;07. Estimated Public Costs.'.. The estimated total Public.Cost.ofimprovements
. to be made and otherp1.lblicactionsrequired to betaken ~ithinTax Increment Financing DistriCt
No.9 is estimated to be not lessthari $2,103,129 andincIudes:
Storm Sewer .
Sewer Improvements
Watef Improvements
Footings .
Land Acquisition
Water Services
Sewer Services
Trail and Pathway Improvements .
Sidewalks
Interest on Bonds and Pay as you go Paymerits .
Capitalized Interest .
Discount
Legal/Fiscal/ Administra~~on
Retaining Walls
Streets
Soils Correction
Lighting
Repayment of Loans (transfer in to District) made to Distiictfrom
Permanent Improvement Fund .
Total Estimated Public Costs
$ . 50,000.00
13,435.00
13A36.00
100,000.00
45Q,000.00
2?,000~00
25,000:00
771 ~258.00
'20,000~00
100,000.00 .
.50,000.00 .
50~QOO.00
50,000~00
$5,000.00.
0.00
; ;100,000.00
100,000.00
150,000.00
$ 2,103,129.00
.
The Public Costs set forth above are estimates and the amounts . allocated to. any item may be' .
reallocated among any of the other items set forth ab~ve...' ..
6
.
.
.
Section 4.08. Estimated Amount of Bonded Indebtedness and Authority to Borrow. It is
anticipated that Bonds in. an amount not to exceed $2,103,129 will be issue<.l to finance the
estimated Public Costs to be incurred with respect to Financing District No.9. Further, some
Public Costs will be paid by developer funds, and eligible expenses incurred by thede"eloper for.
these purposes will be reimbursed to the developer from tax increroellt funds generated, by the
District, all of which will reduce the amount of Bonded Indebtedness. Further, the District is
authorized to Borrow money from other funds. of the City, including the,Perinanent Improvcm{mt
Fund,.in order to reduce the need for issuing,bonds.
. .
Section 4.09. Sources of Revenue.' The revenues to beusegto pay the PublicCost~(in
Financing District No. 9 are Tax Increments,.special assessments~.sewer and water revenues', 'ad
valorem taxes, and Developer payments. ..
/..'"
Section 4.1 O.Ori ginal. . Tax Capacity Value; . The otiginaltax capa~ity .value of.. all
taxable property in financing District No.9 aSll1ostrecently, ~ertified by the C91ll,Il1issioner of
Revenue of the State of Minnesota, being the certification made in 200 I with respect .to the tax
capacity value of such property. as' of January 2, 2002, for.taxes payable inf002 is $2;662.00; .
Section 4.11. Estimated Captured. Tax ... Capacity Value'imd Computation.. of Tax
Incremen~. Each year the County AuditorWillmeasure the amount of increase or decrease in the
total tax capacity value of taxable property in Financing District No.9 to calculate the Tax
Increments payable to the City in any year in which there is.an increase in ,total tax capacity
value in Financing District No.9 ab6vetheoriginal tax capacity value, Tax Increments will be
payable to the City. In any year in which the totaF,tax capacity value in Financing District No.9.
declines below the original tax capacity value, no tax capacity value will be captured from
Financing District No.9 and no Tax Increments will be payable therefrom.
The County Auditor shall certify in each year after the date of the original tax cap~city
values were certified, the amountthe origina,ltax capacity values have increased. or decreased;as
a result of:
1. changes in tax exempt status of property;
2. reductions ..or enlargements of the . geographic . boundaries of Financing District
No.9; and
3. changes due to stipulations, adjustments, negotiated or court-orderedaoatemimts.
Upon completion of the development expected. t60ccur in Financing. DistrictNo~9, the
City estimates the increase in market value oftaxable property in Financing District l':lo. 9 will
be approximately $7,400,000.00. '.' ,
, , . . .- .:'.....-....'.,
The captured ne~ tax capacity value upon completion of developmen~ isexp~~tedto be
approximately $89,839.00. . The Tax Increments will,~ecapfuie4 for up t025 yearS fro~r~c~ipt
of the first Tax Increments. The City determines that, 100% of the' available in~reaseintax
capacity value of Financing District No.9 .shalLbe used in accordance wit~ this Financing plan;
The estimates explained in this section are further illustrated in the Assumptions Report,
consisting of 3 pages, attached and made a part of-this Plan:as Exhibit "C"..
7
'4 _.
II Hsecti~n 4D.~2. ,Duration o~F!nan~ing Dis~ct NO,.9d. Thf 2eS. Tax'IriCfiTemenht Fina~cingfAhct . ..
a ows ousmg. Istncts to remam m eXIstence. or a peno 0 .. . years, rom t e receIpt 0 t. e.
first tax increments. Therefore, Financing District No. 9 may remain in effect unti125 ye~s
from the'receiptof the ,first tax increments, or until such earlier date as all ,Public Costsbave
been paid iri accordance with this Fimin,cing Plan No. K
,- '. .
.' ,
Section 4d3~ ,Estimated. Impact of Tax. Increment> Financing. The TaX: Increment
Financing Act requires that tax increment financing -plans',estimate the impact of a proposed
district Oil the affected taxing jurisdictions. Therx will be no. adverse impact on the 'other taxing
jurisdictions during theterm'ofFinancing DIstriCt No: 9 since the development'Youldnot have
occurred without,the creation of Financing DistrictNo~ 9 .and the provision ()fpublic llssistance.
A positive impact on other taxing jurisdictions Will occur when Financing District No.9 is
decertified and the. development in Financirtg District No:,'9becom~s part oftl1etax base' of all
affected taxing jurisdictio,ns'; ...~hen this occurs" the tax. capacity.. rates. of the taxing jurisdictions
willbe lower than 'they would have peenl1ad:Financing District No.'9notbeen>established.
. -' ~ ,. " ".'
c- .. ".
Section 4.14~ Fiscal Disparity Contnbuflcms.AppiicllpleFiscal Disparity Contributions
for Tax Increment District No.9 wiUbemadefromwithirithe District. .
. ..' -.... .
Section 4.15. : Use of TaX: IncreIllent TheCity'hereby detennines tnatitwill use 100%
of the captured tax capacity value of ta.xable propeIty.'located in Financing DIstrict No.8 for the
following activities: ' . .
1.
to finance or otherwise pay PublicC()sts.~et forth in the,'!:ax Increment Financing
Plan. . .. . . ..
.
2. to reimburse developers for eligible~osts. inclll!eq . as defined m the Tax
Increment FinanCing Act.
3. to assist housing that meets the requirements of Minn; 'Stat. S 469.1763, Subd: 2,
paragraph (d); regardless of whether the housing is located within the boundary 'of
the project area.
. .
4. retumthe excess'to'the ,Copnty Auditor fOfredistribptionto' the respective taxing
jurisdictions in proportion to t~eir tax capacity rate. .. ...
Tax Increments shall not be used to: Circumvent levY limitations applicable to the City or
for other purposes prohibited by Section.469.17~,;SubdivisiQn 4 of the Tax Increment Financing.
Att. .
Section 4.16. Excess Tax Increments. Pursuant totheTa~>Incrementf'inancingAct;in.
any year in which the Tax Increments:exceed.the amount necessary to pay-the Public.Costs
authorized by the Development Pr()~~m arid,this FiriancirigPlan, includi~g the amount
necessary to cancel anytaxlevy as prQyided in Minn. Stat.,s 475.61, Subdivision 3, the City
shall use the excess amount to: .' .' ... , . '
1.
return the excess to.. the. County. Audito.. r for redistribution to the respective taxing
jurisdictions in proportiontotheiitax rate.
.
8
.
.
.
In addition, the. City may choose to modif)' its Financing Plan No.9 in order to fiIlance
additional Public Costs of Development Di~trict No. J.
Section 4.17. Administration,~of Tax Increment Financing District. Administration of
Financing District No. 9 'will be handled by the City Financial Director.
. . The Tax Increments:receivedas . a result of increases in the tax capacity values. of
Financing i District" No.9 will be maintained ina speciaL account separate from all other
municipal accounts and expended only upon municipal activities'identified in the Development
Program and this Financing Plan No.9.
9
'.
. Ii /I~hw~y .?I(, .
t
.
("-- .,..
. .
erry OF
S T I LL\VATER.'?\11~ 1'< E SO:l~A
~,.......,...-~.-.- "~I'
~
.
-~
.
.?T~~<
19>'50
2
....'~
240.19
>TREET
OUTLOT A
v..........'--'"'-'..1. "......,......,'-" L..J
ORLEANS TERRAl E
~ ~
~ UNITS ::?
25-36
l (01142-0053)
; ORLEANS TE
I Location Map I
150.06
30 30
oa '- t=.'l-NS
008.69
~)<
y1
~Z)
,~c,
o
~
;;
332.00
sr
Housing Project Site
o
c
~
c
..
~
c
c
~
,fXl111
4fP008)
40013)
s
~
EXHIBIT' l!~ If
o
g
~
R2IWIeOW RI9W
n!N'
'"
'"
Vicinity Map
~
. 1
'.._~~i
T
.
o
147
369.66
Scal~ in Feet
1
4
~201
247.59
~~... '..'
~~ '
ThiS.u-irlgis.Ihe.......ot.compiIa6aI>
and reproduclion of IlInd...,.mfs_''''y
_rin..........WIl$hingt.".Countydfices
Thedra'loinoshouldbe..-.tlor......nee
pUrp;m,son/)'.Wit$hir>gton~l$noI.
respons;tllefolWlY~ac~
Source;w~CouruY~$Office
PIIoAe(tI!>I)430-687!>
ParCeldatabaSedonAS400ftorinali<>n
currenlttuougJ>: OK$n>ber 31. 2002
Mapplinted: Filb<uary2'8.,2002.;
~
5
P10).
Assumptions Report
City of Stillwater, Minnesota
Tax Increment FinancirigDistricfN().9
'.
Type of Tax Increment Financing District
Maximum Duration ofTIF District
tiousing
25 yeats. from 1st ,increment..
Certification. Request Date
Decertification .Date
06/01/02
12/01/28 (25Vea.rsohncrement)
Value at
Completion
Classification
Rate
Net Tax
Capacity at
Completion
Current
Net Tax
Capacity
Captured
Net Tax Projected"
Capacity 'Year Built
Rental Apartment (1)
Rental Apartment (2)
46,250
46;250
1;331
1,331
44;920
44,9.19 .
89,839.
2002.
2003 .
3,700,000
3,700,000
1:25%
1.25%
Totals
7,400,000
92,500
2,662
Base Inflation Factor
local Tax Capacity Rate
Fiscal Disparities Contribution from'TIF District
Administrative RetainagePercent (maximum =.10%)
Pooling Percent
City Tax Rate (Only if local..Effort TIF)
NA
122.631% (2001/2002)
NA
10.00%.,
0.00%'
NA
.
Bonds
Bonds Dated
First Interest Date
Underwriters Discount
Principal & Interest
NA
NA
NA
NA
loan:CPav-As-Y ou-Go)
loan Dated .. NA
Loan Rate!NA
(1) Assumes new construction of 45 units at $82,222 per unit (MHF A qualified rental)..
(2) Assumes new construction 01 an additional 45 u.nitsat $82,222 per .unit (MHFAqualifi~rental).
Schedules prepared by the City of Stillwater Finallce Department
~..
.
EXHIBIT C- Pagel.of3 .
. Projected Tax In.ment Report .
City of Stillwater, Minnes.ota
Tax Increment Financing .District No.9
Captured Total Times: Less: Less
Annual Net Tax Captured Tax Annual Admin State Auditor Annual Annual
Period Capacity Net Tax Capacity Gross Tax Retainage Deduction NetTax Net
Ending (Residential) Capacity Rate Increment 10.00% 0.50% Increment Revenue
(1) (2) (5) (6) (7) , .(8) (9) (12) (12)
12/31/2002 0 0 122.631% 0 0 0 0
12/31/2003 0 0 122.631% 0 0 0 0
12/31/2004 44,920 44,920 122.631% 5,509 275 49,301 49,301
12/31/2005 89,839 89,839 122.631% 11,Ot7 551 98,602 98,602
12/31/2006 89,839 89,839 122.631% 11,0'17 551 98,602 98,602 . '
12/31/2007 89,839 89,839 122.631% 11,017 . 551 98,602 98,602
12/31/2008 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2009 89,839 89,839 122.631 % 11,017 551 98,602 98,602
12/31/2010 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2011 89,839 89,839 122.631% 11,017 551 98,602 98,60~
12/31/2012 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2013 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2014 . 89,839 ~9,839 122.631% 11 ,017 551 98,602 98,602
12/31/2015 89,839 '89,839 122.631% 11,Q17 551 98,602 98,602
12/31/2016 89,839 89,839 122.631% 11 ,017 551 98,602 98,602
12/~1/2017 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2018 89,839 89,839 122.631% 11,017 551 98,602 98,602
12/31/2019 89,839 89,839 122.631% 11,017 551 . 98,602 98,602
12/3112020 89,839' 89,839 122.631% 11,017 551 98,602 98;602
12/31/2021 89,839 89,839 122.631 % 1'1,017 551 98;602 98;602
12/31/2022 89,839 89,839 122.631% . 11,017 551 98,602 98,602
',','( 122.6~1 0/0:, 11 ;017
12/3112023, 89,839 89,839 551 98,602 98,602
12/31/2024 89,839 '~9,839, 122.631%: . 1J"Q17: ~51 98,602 '98,602
12/3112025 89,839 89,839 . 122.631% 11,017 551 98,6,02. . 98,602
12/31/2026 89,839 89;839 122;631% 11~017 551 98;602 98,602
12/31/2027 89,8~9 8~,8?9 122..631%.: 11;017 .551 : ,,' ~8,602 98,602
12/31/2028 89,839 ..8,9,839 1?2.631% . 11.017 551. .98,602 98,602
.' $269i~1l $13,499 $2,415,749: $2,415,749
.' " . ~ - ,.,
'Scheduies prep~red by IheCity of .stillwater Finance DepartmJ;lrit .
Estimated Impact on Other Taxing Jurisdictions Report
City of Stillwater, Minnesota
Tax Increment FInancIng DIstrIct No.9
2001/2002
Taxable
Net Tax
Capacity
Stillwater City
9,89~,632
144,026,076
Washington County
SchooLDistrlct#834 and
. Intermediate School District 916
Watershed .(Brown'sCreek)
573;819
Other (2)
Met Council
Met Mosquito
Transit District
Wash Co RRA .
Washington CountY HRA
Total Other
No.t Available
Not Available
NotAvailable .
135,896,20~
135.896.205
TOTALS
2001/2002
. . L9cal
Tax Rate
2001/2002
Taxable
NetTax .
. Capacity
Projected
Retained
Captured
Net Tax
Capacity
,New.
. Taxable
NetTax
Capacity
Hypothetical
Adjusted
Local
Tax Rate
Hypothetical
Decrease in
Local
Tax Rate
53.417% . '9,893:,632" 89,839 9.983.471
31.757% 144,026,076 89,839 144,115,915
52.936%
0.481%
31.737%
0~020% .
28.477%
89,839
89,839
663,658
3j'46%
0;587%
3,365
'.42.185,871
42,275,710 .28.416%
4.333%
1.447%
0.491 %
1.475%
0.128%
1.106%
4.647% .
89,839
{647%
121.482%
1.149%.
122.631%
. ..
Statement 1 :.If the projected RetainecJCapture~ Net :r:ax Capacity of the TIFDistrict Was hypothetically available. toeaqhof
,theta~lngjurisdlctionsabove, theresultwould be a 10werJocal tax rate (see Hypothetical Adjusted Tai<R~teat>o\fe).
':~whlchwould proc;luce the same, amount of taxes for each taxing jur!s.diction. losuc:~ a9t;lSEl' the total local tCixrate
. . would decrease by 0.908% (see Hypothetical Decrease..in LocaIT~xRateabOVe):The hYpothetical tax thatthe
RetainedCaptured Net Tax Capacity oUhe TIF Distrlctw!'lIld generate is also sh.ownabove.
Statement '2:'Since.the'Projected Retaine.d Captured Net Tax Capacity; of theTIFDistrict is notavailable to the .taxing jurisdictions,
'th~n there is n()lmpac~ on taxes levied ()rloqalta~ rates. . . . .. .....
. .
- . - . . ...
(1 )ta~able'net tax capacity = total nettaxcapacitK~ captured TIF '" fiscal disparity c:()ntrlbution.
(2) The iITlP.8cto.n these taxing jurlsdic::tlons is negligible, since they rep~esentonly 4.647%. of the total. ta~rate.
. Schedules prepared by the City of Stillwater Finance Department
.
'EXHi~It.age,~ Of)
Hypothetical
Tax Generated
by Retained'
Captured
N.T.C.
47,557
28.512
25,529 .
..~
. ..,.~
~':
l ,~
{f
· Memo
To:
From:
Date:
Subject:
Mayor and City Council '^.. / .
Steve Russell, Community Development Director , V .
April iI, 2002
Comprehensive Plan Amendment Changing-2.83 acres of Land in the
StillwaterW ~st Business Park from Business Park Industrial, BP-:-l to
Multifamily Residential, RCH. Case No.CP A/02-01
The Planning Commission held a public hearing on the amendme:nt attheirmeeting of April 8,
2002. Some concerns were expressed for the loss of job creating land but that concern was
balanced by the need for affordable housing and the sidewalk improvementsthat.willresultfrom
the project.
The Planning Commission voted +6-0 to recommend the amendmeIlt (resolutiowattached).' .'
.
Recommendation: Decision on Comprehensive Plan Amendment
Attachment: Planning Commission Staff Report of 4/8/02
.
Memo'
To:
From:
Date:
Subject:
Planning Commission .
Steve Russell, Community- DevelopnientRirector
April A, 2002
Comprehensive Plan Amendment Designating 2.83 Acr~s of Land from
Business Park Industrial to Multifamily Residenti~1. Case No. CP A/02-0 1.
The City Council received a request to purchase the City owned site at the corner of Washington
Avenue and Orleans Street for an affordablehousingproject at theIr meeting of March 5, 2002
(see map). .The.Councildecided thattheaffordable.housingwas neededaS,descrihedintne-
. ... .,
Comprehensive Plan.
Thesiteis located in the Busine~s Park next to the Highlands and Cottagesneighborhood...Jhe
senior center and medical services are located in the area. .
C . .
This Comprehensive Plan Amendment provides basis.for the folloWing zoning amendtnent.
The Comprehensive Plan was initiated by the City Council at their meeting bfMarch5,2002,.
Recommendation: Approval
Findings: The Comprehensive Plan Amendment would facilitate the provision by affordable
housing as called for in the Comprehensive Plan.
Attachments: Comprehensive Plan Map CPA/02-01.
CPC Action on 4/8/02: +6-0.approval
~i
~
.
...
.>.:
;;;.
.
TIlE COTTAGES OF STILLWATER 1ST ADDrri6N':-~:-~;;;;"----
. .' "", . ,. . .... ~
I '';,./1- ,
2 ;" /"~. ...
,,' ~,:,...
.
.'~
.....-_. \\
'. \ .-~..,
\" '~._--, .
. ".
e-.
'1
.1
,a
,
...
CONDO NO 5
SECONDSU L
1II01U.E.\.'-S E
! IHTa
...
~4;-
~~
V1
~>
~c.:;
o .'
~
.,~ 'I
.. I
_.__._"_______._._n
.. .
~'*.!.~.__._._~.~.At.!'..~~..::.
...~
'.
.
. .. a I.:
~--!"'-'!._-~~....._...!!!~..~....
. __ __"'__"."_d
....,' -
,
..
I j. . ..:
IGHLANo-S"-P
l.~. :_-..~_~
· .,.-2 i,,,:
....,. ;
STReET
,.
,
."
.
.1
'i~r:t:!;'~ ':'
.-T~--'
'r
.
.
.'.
282
Scale in Feet
a
.-
I.
.1
I
i
i
j.
.1
II
I
!
i
i
!
"
.'
...
.. . · S"\
~#'
.
<<
....
a II
.
I CURVE
I
I .
,
j !
II tl
... .:
CReST BOUlEVARD
.
I
1 ' ,
KERN-PAuLEY--Ar5f>y----
! .. - .
j i
a:
~.. I: ~..
.~.
~':
.... .\~~ I; ~. I:
~v ! /
1 ~~ ...-- I L-~'7 -.
/ ~~ / I II<
dY Ii
~~~y i;
.,.... !I ..... I
I
I
I
i
".;......1'- ....._.____
.......-...-.. --- -- -..., .'
__ ................c...,......
n............... ... _,""--
............. w~c--..'"
..........,~ '.
......;;......~......,...0fIil:a
..... ,IS') .....11 : .
".... ......AIdI...........
-........ o.o-c. 3', aDO'
......... ~2D.2lI02
..
~~ I
a.
fl... I,
.
...
.
I'
~..
.
...
Location Map
:~.':'
RESOLUTION NO. 2002..; ....
APPROVING COMPREHENSIVE PLAN AMENpMENT
CASE NO. CPA/02-01 .
"
.\
WH EREAS" a request has been submitted by~the City of Stillwater fora
Comprehensive Plan Amendment changing the land use'design~ti9n of 2.83 acres of.,
land located on the corner of Washington Avenue and Orleans Street from Business
Park Industrial (BP-I) to High Density Multifamily Residential (RqH)...
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater
approves said request..
Adopted by the CityC<;)uncil of stillwaterthis 16th day of April 2002:
,....:.:"".._.':...-.-'O"'.,-':'.,.,.~_=_:::."
"".- ... ..-.---,
Attest:
.
Diane Ward, City Clerk
,i.!
.'.
~ :--
;~
..
· Memo
.
.
To:
From:
Date:
Subject:
Mayor and City Council .....
Steve Russell, Community Development Directo.rV
April 11, 2002 .
Zoning Map Amendment Changing the Zoning ofa2.83.Acre Sitelocated'on
the SW Corner of Orleans Street and Washington Avenue from Business Park
Industrial, BP-I to Multifamily High Density, RCH. Case No.ZAM/02-0l
This item was heard by the Planning Commission at their meeting of April 8, 2002 and .
recommended for approval similar to the Comp Plan Amendment with a +6.., 1 vote..
Recommendation: Decision on Zoning Map Amendment
Attachments: Planning Commission ,Staff Report of 4/8/02
"
........
.-..
Memo
..
To:
From:
Date:
Subject:
Planning Commission '._
Steve Russell, Coinmunity Development Director
April 4, 2002 .
Zoning Ordinance Amendm.ent Changing the Zoning from Business Park
Industrial, BP-I, to High Density Residential, RCH. Case No. ZAM/02-0l
The amendment is to change the zoning ofthe 2.83acres parcel ofland from Business Park ..
Industrial,BP-I~toHighDensitYResidential,RCH. The parceloflaIld ist~esame as theJand
subject to the Comprehensive Plan Amendment (CPN02-01). The high density designation
allows one dWc;:lling unitper 1,500 square feet oflarid use or 82 unitson,the2.83acressiie.
.. .
. .
. . .
The zoning change will accommodate an affordable hou~ingproject on the site.' Thezoning
amendment request was initialed by the City Council at their meeting of March 5;' 2002.:
Recommendation: Approval
..
Findings: The zoning amendment is consistent with the Comprehensive Plan.
. Attachments: ZAM/02-01map
CPC.Action on 4/8/02: +6-1 apprOval'
.
---
w
.
.
.
..
,
THE COITAGESOF STILLWATER 1ST ADDmpN:.::.:.~~mm.~
~. ' . X
2 ""..t!/1'"
/" ....~
;",
l-'.
CONDO NO 65
FOURTH SUPL i
ORLEA.'iSTERRACE ~ /
~
: -
iJ .0
.I
~.
CONDO NO 5
SECO:-;O SU L
.OR1..E.\.....s E
! "".,
,.,.
.
..
STREET
,0
.'"
CURVE CREST BOULEVARD
;
:; . ; ~ ~.. .;-. .~ ~.
...
, m. , 0.. . '" 1 ,.. ,.. 'u
r-l<ERN-pA.(J[EY"ADDr-~' 0
t. '. .
I
,
location Map
,.
I
~..
..
..
~.
~
~~;i;
~'> '
1 ~~. ~~_.
I ~~ I
~~~y
-,-
l!lIIIlilI
.....,---
4'
2
...
~
~
~1
~~,
&":>
o
~
,
... "
.'
-- , '0"\
~A
./ i,
.
..
: ..
./
,
..
./
....
"'.....
. ",
.- .,
L"OW RI9W
. ,;.;~-----.
, -}~-i>;:.;
. "-~~.
.".--"0. -~~~ ., 2'
: :. :1 ....
..
1Ii....--...._
."
.
;: 3D3ll
..
.'
-_._~..,--_._-
.'
..-.--.-.............--..
_~"!._.__.._........!'i!".!'!.._._..
RnW Il2IW' L~W
...
i., i.
....__~_~_~~_..._...+'!'l~....__.
------.o;,.---.--hO"
..
I' 4- i.
IGHLANDS:~O
: .,. ~_._--~~
-.--- ,2 -i,
.
..~
.'
Vicinity Map
..
.
.-
-
1
.~!~~~~~~
1/
,
.'
282
Scale in Feet
,
..
,
.~
.
...
./
.' ...
I ~m......__.....
. 1<
n...'....itIg.........d.~
...,~oI~___....
_irI.......w.........c:.,r.r,~
n.~.............,.__
~onl1.W~~.1lCII
.......for""__.
......'w~eo...,lknewGf.~
.......t'$1Io13O-<MTS .
PwcoIl~~..A$fOO~
.......1rItawgll: o.c-... )1. aao1
.........".'*-':I).2l102.
i: fl.
."
\j
. Memo
To:
From:
Date:
Subject:
Mayor and City Council ~ /
Steve Russell, Community Development Director IV
April 11, 2002
Appeal of Planning Commission's Decision Denial of Variance to Size
Requirement for an Accessory Unit in the Traditional Residential, TR, Zoning
District (Case No. V/02-1O).
This item was heard by the Planning Commission at their meeting of March 11, 2002.
The variance issue is the size of accessory structure. The TR zoning regulations allow a 500
square foot accessory structure. The applicant is proposing a 748 square foot accessory structure.
The primary rational for the variance presented by the applicant is tree protection. Either
alternative, two or three stall attached garage and accessory structure, meet the requirements of
the Tree Protection Ordinance. There have been no variances granted for accessory units in the
. Liberty Phase I or Legends Expansion area.
The Planning Commission after heating the request denied the variance on a +8-0 vote.
Recommendation: Decision on appeal.
.
.~
.
.
.
City of Stillwater
Planning Commission
March 11, 2002
Case No. SUP/02-09 A special use permit request for an open air Linder's Flower Mart at the
River Heights Plaza, 1250 Frontage Road in the BP-C, Business Park Commercial District.
Linder's Greenhouse Inc., applicant.
Jonathan Peterson was present representing Linder's Greenhouse. He said Linder's currently has
such operations in 35 locations. The area would be enclosed on three sides with a cedar fence.
He stated Linder's would like approval to operate the space for 75 days, but if only two months
is allowed, they would like to be open April 25-June 25.
Mr. Middleton asked about parking. Mr. Russell stated that parking does not seem to be an issue,
but noted the recommendation if for review after one year. Mr. Ranum asked if clean-up should
be a condition. Mr. Peterson stated Linder's has a reputation to uphold and would maintain the
area.
Mr. Middleton, seconded by Mr. Gag, moved approval as conditioned, allowing the use April
15-June 30. Motion passed unanimously.
Case No. V/02-1O A variance to the Traditional Residential, TR, accessory building regulations
(500 square feet allowed, 752 square feet requested) for construction of a one-stall garage and
separate hobby shop with storage space above at 3374 Staples Place in the TR, Traditional
Residential District. Ken and Connie Taillon, applicants.
Mr. Taillon was present. He stated they have a purchase agreement on the property. He stated
that due to the shape of the lot and to minimize impact on trees, they would like to "redistribute
allowable space," with a three-stall garage, placing 252 feet of space to the rear of the property.
Mr. Hultman asked if accessory buildings with second stories are allowed. Mr. Russell said that
is allowed in the TR District like the RB district. Mr. Zoller noted this is a new development, and
if the Commission starts granting variances it's likely to result in many more requests; Mr.
Ranum agreed with that assessment.
Mr. Gag, seconded by Mr. Zoller, moved to deny the request. Motion for denial passed
unanimously.
Case No. SOO/02-11 A minor subdivision to subdivide Lot 1, Block 1, St. Croix Business Park,
into two lots at 1855 Northwestern Avenue in the BP-I, Business Park Industrial District. Kay
Williams, representing DiaSorin Inc., applicant.
Ross Buschman, was present representing DiaSorin. He stated DiaSorin is selling Parcel A to
Family Means; the company will retain Parcel B.
3
.
.
...
PLANNING APPLICATION REVIEW FORM
CASE NO. V/02-10
Planning Commission Date: March 11,2002
Project Location: 3374 Staples Place
Comprehensive Plan District: Traditional Residential
Zoning District: TR
Applicants Name: Ken and Connie Taillon
Type of Application: Variance
Project Description: A request for a variance to the building size requirements for
an accessory structure.
Discussion: The site is located in the Legend's neighborhood. The request is to
construct an accessory structure of 748 square feet in the rear yard in addition to an
attached garage of 748 square feet.
The zoning ordinance allows a 500 square foot accessory structure in the Traditional
Residential District. The applicant has not described any special unique site
circumstance that provides a basis for granting a variance other than a desire to have a
larger building.
Recommendation: Denial
Findings:
1. That a hardship peculiar to the property, not created by any act of the owner, exists.
In this context, personnel financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance.
2. That a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same district and in the same
vicinity; and that a variance, if granted, would not constitute a special privilege of the
recipient not enjoyed by his neighbors.
3. That the authorizing of the variance will not be of substantial detriment to adjacent
property and not materially impair the purpose and intent of this title or the public
interest nor adversely affect the Comprehensive Plan.
Attachments: Application form package.
. CPC Action on 3/11/02: Denial 8-0
- \
FilE COpy
vj
Case No: 0 '1-/tJ
Date Filed: ~d-I b~
Fee Paid: 0
Receipt No.: 0
.
PLANNING ADMINISTRATION FORM
ACTION REQUESTED
Fees
COMMUNITY DEVELOPMENT-DEPARTMENT
- CITY OF STilLWATER
216 NORTH FOURTH STREET
STillWATER, MN 55082
- " SpeciaVConditional_ Us-e Permit $50/200'
X Variance" . $70/200
_Resubdivision $100
_Subdivision* $100+501l0t
_Comprehensive Plan Amendment* $500
_Zoning Amendment* $300
_Planning Unit Development * $500
_Certificate of Compliance $70
_Design Review $25
*An escrow fee ;s a/~o required to the costs of ~ttorney and engineering ~ees (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 the
application process.
PROPERTY.IDENTIFICATION
address of Project 3374 S-f4p1e s Place Assessor's Parcel No. 3/-030-20-24.-0047
(GEO Code)
Zoning District T t< Description of Project Co",", s+ru ,-,o.hdl.-\ ..:,-f A <,ceSSer 'y
s +y u '-' .{U re..
"/ hereby state the- foregoing statements and all data, information and evidence submitted herewith in all
respects, to file best of my knowledge and belief, true and correct. I further certify / will comply with file
_ permit if it is granted and used. "
Property Owner )(e h ~..d C ~ h ""' ; ~ T;; /I 0 h
MailingAddress /02 .MeJr-llJ" N~y
City - State - Zip, Vadh4".s )/ i-{.s,. f1 IV SS/2"7
Telephone N.o. 6 s I - -1- 8:S - 82.37
Signature ~""-~ ~; c ~;Jk
Representative
- .
Mailing. Address " .
City - State - Zip,
Telephone No.
Signature
SITE AND PROJECT DESCRIPTION
Lot Size (dim~nsions) ..:.- x_
Land Area ~O,l J 9D Sct,. - -f-r.
~eight of Buildings: Stories
.. Principal
Accessory
20'
Total Building floor area square feet
~d~ ~~refu~
Proposed 7 S 2 square feet
Paved Impervious Area _ square feet
No. of off-street parking spaces
Feet
H:\mcnamara\sheila\PLANAPP.FRM June 22, 2000
..
.
.
.
February 20, 2002
RE: Variance Request
3374 Staples Place
31-030-20-24-0047
Legends of Stillwater
City of Stillwater
Planning Commission
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Commission Members:
We are requesting a variance that will permit the construction of an accessory structure that is larger than the
zoning ordinance currently allows under a special use permit.
My wife and I currently have a purchase agreement to construct a home on a heavily treed custom lot in the
Legends development. Our vision for this lot is to construct a home and attached three-stall garage of
proportions that would cause minimal impact to the surrounding trees, most of them between 12 and 28 inches
in diameter and predominantly white oak. Along with the home we would also like to construct an accessory
structure having 500 square feet of space for a hobby shop and storage. The zoning ordinance allows this
through the issue of a special use permit.
The zoning ordinance permits homeowners to have 1000 square feet of garage space in the Traditional
Residential District. This 20,180 square foot lot (.46 acre) is "pie" shaped, preventing the construction of an
attached 1000 square foot garage without removing a large number trees. As a result of this lot's unique
characteristics, we elected to design our one and a half-story home based on the smallest possible size
allowable on a Traditional lot in the Legends development: 2000 finished square feet for a two-story home.
As seen in the attached drawings, the lot has two areas that are naturally clear of trees that will enable the
construction of the home and accessory structure, causing little impact to the surrounding trees. With this in
mind, we plan to construct a two-car attached garage of approximately 748 square feet and ask the
Commission to permit us to add the remainder, 252 square feet, to a 500 square foot accessory structure at the
rear of the lot. The accessory structure will be of the same style and color as the home and will meet all
setback requirements established in the zoning ordinance. The single parking stall of this structure will be
accessed through a garage door at the rear ofthe home's attached garage, and will consist of a one-stall garage
for the storage of a boat, along with a separate hobby shop with storage space. No business will be conducted
out of this structure.
We ask that the Commission recognize the basis of our intentions: the preservation of trees and low impact
development. One of the main reasons we chose to build in Stillwater was for the City's commitment to
heritage preservation and conservation of its natural resources.
Respectfully Submitted,
~~
~ 1cUMML,
Connie Taillon
Ken Taillon
:,
~
:i
~\
i
LIBERTY ON TilE LAKE
.o~~
"'~
.~'"
~'t>
OUTLOT E
.17)
'"
IO.M 25 125.11
,
~, 1
1 a ....'
.- ~
!
218.58
LONG
MINN DNR DIV O'
PROTECTED WA~
0.&8.71
I
./
It
s~
Q/
002.50
177.78
DS OF STILL W A
3 ~
~l;
2 i ~
P"
1 11/
....' I.':
.,;-t?<b
1.14
".74 __.___.______~:~~____
9
..."
'..
"~
,~c;:/
20
~lal .i"
! ~
./ l'
/' ...4'
,,-'
of
~,
OUTLOT A
p',
i
///
/
6
....'
7
-,
7..-
.._----~
1-,
.,
)'----.--
SJ
t
~"
//
/
\
1...., ."
IUIW ICOW R19w
n:!N n:!N
nlN nlN
nON
TI9N TI9N
'USN
TI7N
IC:!W IUIW ICOW
Vicinity Map
.
",t
w~'::~.:-~____l!
~,.:/
o
183
Scale in Feet
\
~
g
6~
5 ",
~
ThilId,_ing;.ther-..lld.compjlMicn
.ncl.-orodudiotlof'MId~_~
~inv"iou.W_hingtllnCou'ltyCll'\'if;M,.
n- d~ing should,. uHd lor ,,.,........
~only_w~ngtOnCourCy.not
_pgnfi~lor..-yll'*;Cl,II"_
sc.uro.: W..hinglo"County s...r..,.,.', 011"__
PfIoMI (8511 430-6675
p~~ba,.clonAS.oo~
currenlllwough:o.c..mlllil31.2001
"'-PPl"int.,:~22.2002
'1 .
'I
.
.
March 17, 2002
RE: Appeal of Planning Commission Decision
Case No. V/02-1O
3374 Staples Place
Legends of Stillwater
City of Stillwater
City Council
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Council Members:
We are requesting a variance that will permit us to transfer a portion (one stall) of the allowable garage square
footage from our proposed home to a proposed accessory structure at the rear of our lot.
Weare constructing a home on a woodland lot in the Legends development. A recent site inspection from a
local forester confirmed that the majority of the trees on this lot are between 12 and 28 inches in diameter with
an average age of 80 to 100 years; the largest are between 150 and 200 years of age. There are numerous
varieties of hardwoods as well: black cherry, maple, red oak, but predominantly white oak. Our objective for
this lot is to construct a home of proportions that would cause minimal impact to the trees in this woodland.
The zoning ordinance permits the construction of 1000 square feet of garage space along with a 500 square
foot detached accessory structure in this Traditional Residential District. This consists of a 3-stall garage
attached to the home with the separate accessory structure located behind the home. The attached drawings
and following descriptions illustrate different alternatives for the construction of these two structures:
Drawing "A" indicates the two areas that are naturally clear of trees that provide the best locations for the
home and accessory structure.
Drawing "B" shows the home with an attached 3-stall garage and the 500 square foot accessory structure.
The attached 3-stall garage requires the living area to move further east causing the removal of many of
. the largest trees on the lot.
Drawing "C" (our proposal) shows the transfer of one garage stall (252 square feet) to the accessory
structure at the rear of the lot which results in only two garage stalls attached to the home. This
configuration still conforms to the 1000 square foot garage requirement and allows the living area to move
further west, permitting the trees to be spared, No trees will be impacted around the accessory structure by
this transfer.
The accessory structure will be of the same style and color as the home and will meet all setback requirements
established in the zoning ordinance. It will consist of a one-stall garage for boat storage, along with a separate
workshop. No business will be conducted out of this structure.
We ask that the Council recognize the basis and logic of our request: the preservation of trees in this woodland
area. By granting a variance permitting the transfer of 252 square feet of garage space (one stall) to the 500
square foot accessory structure, numerous irreplaceable trees will be saved. This action will meet the
requirements of Stillwater's Forest, and Tree Protection Regulations. We are not asking for any more square
footage than is allowed, but simply to redistribute it.
Respectfully Submitted,
~~
~~1~
Ken Taillon
. Attachments
Connie Taillon
.:
.
.
.
March 21, 2002
RE: Appeal of Planning Commission Decision
Case No. V/02-10
3374 Staples Place
Legends of Stillwater
City of Stillwater
Mr. Steve Russell
Community Development Director
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Mr. Russell:
This letter states our intent to appeal the decision of the Stillwater Planning Commission that denies our
request for a variance to transfer a one garage stall to an accessory structure at the rear of our lot.
We are appealing the Commission's decision because our case was not reviewed based only on its merits. It
was reviewed with the assumption that granting this variance would set a precedent for the granting of future
variances and an inferred that variances like this are not granted in new developments. The granting of this
variance will not set a precedent for future variance reviews because this and every case is unique. The intent
and logic of our request is reasonable and protects the characteristics and vegetation that are unique to this
property. These details were never considered in our review.
It was evident that some members of the planning commission were misinformed prior to the hearing of our
case regarding the age of the trees on this woodland lot. Photos in our submittal did not accurately depict the
size of the trees on the lot. Therefore, new information and photos in the attached submittal supports our
previous statement that the largest trees are over 100 years of age, rather than 5 to 10 years of age, as stated by
one of the commission members. The attached tree survey has not changed since the first submittal.
Our hardship is centered on the topography and shape of the lot. This lot has a direct line of site and runoff to
the protected park area surrounding Long Lake, This pie shaped lot requires the home to be set back farther
than normal. The construction of a standard 3-stall garage at a minimum set back or any location on the lot
would require the removal of unique and irreplaceable vegetation. Our request to redistribute the square
footage of one 3-stall garage to two locations on the lot makes every attempt to follow the Stillwater Zoning
Ordinance Tree Protection Regulation (Sec. 31-5, Subd. 3) that states:
"The City of Stillwater fmds that preservation of trees and woodlands within the City enhances the health,
safety and welfare of the citizens; that development within the City has the effect of reducing and in some
cases eliminating wooded areas, which, if preserved and maintained, serve important ecological,
recreational and aesthetic benefit to existing and future residents. Therefore, the purposes of this
subdivision are the following: To preserve woodlands and trees on individual sites; protect the safety of
such residents by preventing wind and water erosion, slope instability and rapid runoff; promote the health
of such residents by absorption of air pollutants, contaminants and noise; and protecting the welfare of
residents by increasing rainfall infiltration to the water table; provide a diversified environment for many
kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and
recreational requirements of the area; and promote energy conservation by providing shade in the summer
and windbreak in the winter."
Our proposal supports a reasonable use ofthis property. We are not seeking a variance for economic reasons,
for we will incur higher construction costs if the variance request is approved. Weare not asking for any more
square footage than is typically allowed. We simply want to redistribute it to better fit the unique
characteristics of this property.
Respectfully Submitted,
Ik-~ ~
Ken Taillon
.
.
.
"
,/'-'-------"------'-"---'--""----'-"'--""----'--"-'-'--"--",-",------,,,----,"'-,---------------,-,----,,-"--""-,'--"""-,,-"-----,"'--,-,-"-""---,---"'--.
f /'
-'--------""-----'-''''--'~~
TAILLON
3374 STAPLES PLACE
31-030-20-24-0047
LOT 3 BLOCK 6
THE LEGENDS OF STILLWATER 3RD ADDITION
w woo
~
~---J
W ~oo <o1~ ~ w
0) I\J W
~ C11
lENT <09\ ~ 0
w w ~~9<O
~ ~ 0 S1 ~pU~S pL
w ~ <C
(0 C11 0 ~
897 ~
~ ~
u:> 0')
6 u:> .",>
(X)
woo c..n
w ~
~ ~(O
C11 ~ 0) a
~ 0)
~ 9()\
w w 917
~ ~
(; ~
Ii
! I 933
t, ~
[ !
i
i
I
!
i
, -
t
I
!
!
i
t
\
'-
^
.
.
.
.~
DRAWING'B
THREE STALL A TTACHED GARAGE:
500 SF ACCESSORY STRUCTURE
SCALE : ,1 INCH = 20 FEET
944.5
139.35
928.5
X 943.9 0 X8~.42T'ROEE
4" TREE ..-
\" - ~42.0- --
\ 4" TRE
:, \ X942,6
4" TREE
\
\
\
\
\X940.4
\ 8" TREl
\ X9 9.9
26" TREE
\
\/9 0.0
~8' TREE
./'"
X938.9
14" TREE
20" TREE 10" TREE ~
_ _ 940.4 938.2
--x- - - X- - - - -:- --I
X
938.4 I 5
20" TREE X932.9
18" TREEI
I
I
I
933.2 I
X X932.9 CD
24" DEAD T~EE OJ
934.2 I
4" TREE CO
94~.4'-fREE I ~
I
I
I
I
93~~
8" T~EE
I
I
I
I
I
I
I
~9T~E~ I
:x X9317.4
~40,2 4" llR 93 3
1 2 TREE I .
6" TREE
I
937 ~ I 5
~
-
___ -- 934,1 X
--- .->
/' 0
SID! /'
QlQ935,1
/
/
:,\ /
V 10
X940.0
4" TREE
X937.3
14" TREE
939.4
18" TREE
XX 939.4
20" TREE
3
X935.7
26" TREE
Q38.6X
26''1' TREE
~
934.4
V937.4
4(,'TREE
X938.9
18" TREE
X 939.4
6" TREE
v 941.4
161\ TREE
X943.5
6" TREE
<:"--...
......
"-
"-
'\
\
\
\
934.0 \
EDGE OF BIT
~
~
.~
X944,5 X943.7
18" TREE 18" TREE
.
V944,O
18" TREE
X943.3
X944,l
(VACANT)
X936.4
~
933.0 CO 1
D1-'
------
933.5 ~
933.6 'J
~~.
.... ,
.
.
.
"
DRAWING .C
TWO STALL A TTACHED GARAG~
ACCESSORY StRUCTURE WITH REDISTRIBUTED THIRD STALL
SCALE
1 INCH = 20 FEET
944.5
139.35
928.5
X 943.9 0 X8~,42T'ROEE
4" TREE .,-
\ - )(942.0- - --
\ 4" TREE
~ \ X 942
4" T E
\
\
\
\
\ X 940.4
- 18" TREE
\
\ X939.9
26" TREE
\
\/940.0
~ 8" TREE
X938.9
14" TREE
20" TREE 10" TREE 2
_ 940.4 938,2
-X---X-------I
X
938.4 I 5
20" TREE X932,9
18" TREEI
I
I
I
933~ I
X932,9 CD
24" DEAD T~EE OJ
~34,6 934 2
4 T~ 4" 'TREE I OJ
EE 934 7 9~,4.4 I I"-
4" TREE 4 TREE ---
I
I
I
I
93~~
8" T~EE
I
I
I
I
I
9 4.1
I
I
X941.0 I
4" TREE
X X93~.4
12~4fR~E 4" ,R 9,~.3
6 TREE
I
937 ~ I 5
-~
....---- -- 934,1 X
/' ->
/" 0
S.f1Y ,/
~935.1
/
/
~\ /
V 10
X940,O
4" TREE
X937.3
14" TREE
939.4
18" TREE
XX 939.4
20" TREE
3
X935.7
26" TREE
038,6X
26''1' TREE
X
934.4
14" TREE
X
935,3
26" TREE
~
/'
V937.4
4(,'TREE
X938,9
18" TREE
X 939.4
6" TREE
X943.5
6" TREE
-<:'"--..
.......
.......
"-
"
\
\
\
934.0 ~
EDGE OF BIT
~
~
~
X944.5 X943.7
18" TREE 18" TREE
V944.0
18)' TREE
X943.3
X944,1
(VACANT)
X 936.4
..............
-------
r
.
.
.
...... ...
* PIONEtR
...
... englneenng
.........*
2422 Enterprise Otive
Mendola Heights. UN 55120
(651)'681-1914 FAX:681-9488
~?;;,,~t;;o~5~~:E.
(612) 783-1880 FAX: 783-1883
t.NC)$UIIht(~'CM..(HGlHEOI:S
L~~' ~ M04'ftcrs
Certificate of Survey for: MCDONALD CON-STRUCTION
STAPLES PLACE CLIENT-TAILLON
N 680.8570
E 360.6994
N 678.9600
E 500_0364
N89'13'12"W
139.35
944.5
928.5
X9439 0 X~'2.0
." TREE - 8 TREE 20' TREE '0' TREE
\" _ _ _ _ _ _ _ _ 940_4 938.2
\ ^942_0 - ---x- - - -X- - - - - - - -,
\ ." TREE 93~.. I
':> \ X942.6 X 940. 0 20' TRt:E X932_~ 5
~~ ~~ w~
\ ~~J7JEE I
\ X935.7 I
\ IS" V9_4 26" TRt:E I
\ ~939.4 9332 I
\ X~40 4 20" TREE X
'S TREE X93S.9 24" ~f6.9*E
\ .4" TREE 1l34.6 9,1,42
\ X~399 26~~tf "936_' x' ~ 4 'TREE
26 TREE 2S TRt:E 934 7 9:14 4
\ ." TREE 4 TREE
\ 3 9363< X93H
~~~O~EE 10' TRt:E ..' TREE
o
CD
(J)
co
r--
1
X
935_3
26" TREE
I
I
I
I
I
\
~x
9 _'
8' EE
934.0 9.34,4
4
/'
X939_4
'2" TRt:E
2~9ffild
X937.3
S" TREE
~937_4
4 TREE
X93S.9
IS" TREE
X944.1
I
I
I
I
I
I
I
.'S9tik~ I
~402 '3'4
12 TREE I 9, i~EE
I
937~ 15
_-!
,.... ..- 9J4:1 X
--- -
./ 0
'W9~'
/
/
W
N
'<:t
o
4,lP
o
o
z
X941.4
16" TREE
X939.4
6" TREE
DRAWING
A
X943.5
6" TREE
..............,
,
,
,
\
\
I
934.0 1
EDGE OF BI T
TREE SURVEY
X944_5 X943_7
18' TRt:E IS" TREE
t-J
v'
k"
.~
,}9~fE
X943.3
PROPOSED HOUSE ELEVATION
LOWEST fLOOR ELEVATION:
TOP Of BLOCK ELEVATION:
GARAGE SLAB ELEVATION:
TOB 0 LOOKOUT ELEVATION:
2
(VACANT)
X936.4
x 000.00 DENOTES EXlsnNC ELEVAnON
( 000.00 ) OENOTES PROPOSED ELEvAnON
_ _ _ DENOTES DRAINAGE ANO UnuTy EASEUENT
DENOTES ORAINAGE now IlIAEcnON
_____ DENOTES MONUMENT
-e--- OENOTES om;ET NUB
N 460.4760
E 440.1645
, ,,"'..
.,,()()()
,,0,?'\ . ~
~.vf)) --
v ~ '\J::.-- - -
--
NOTE, PROPOSEO GRAOES SHOWN PER GRAlllNC PlAN 8Y, O€STwOOO
NOTE: BUIL.OINC OIMENStONS SHOWN ARE F~ HQRIIONT AI.. AND \(:RnCAl lOCA nON
U STRUCTURES ONlY. SEE AROitTECTUAl. PLANS f"OR BUlLOfNC ANO
rOUNOA DON OIUENSJONS.
NOTE: NO SPECIflC SOll.S INvESncADON HAS BEEN COUPLETEO ON THIS lOT BY THE
SURYEYOR_ TI<E SOtTA8IlITY OF SOILS TO SUPPORT THE SPEOAC HOUSE _
PROPOSEO IS NOT THE RESPOHSIBIlITY fS THE SURvEYOR.
HOTE: THIS CERmCATE DOES NOT PURPORT TO SHOw EASEuENTS OTHER THAN
THOSE SHO'" ON TN( RECOROOl PlA T_
HOTE: CONTRACTOR MuST vERtF'Y DRIvEWAY OEStCN.
NOTE, BEARINGS SHO'" ARE BASED ON AN ASSWED DA T\JU
WE HEREBY CERTIFY TO MCDONALD CONSTRUCTION THAT THIS IS A TRUE
AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF:
LOT 3, BLOCK 6, THE LEGENDS OF STILLWATER 3RD ADDITION
WASHINGTON COUNTY, MINNESOTA
IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN,
AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 12TH DAY OF SEPTEMBER, 200L
SIGNEO: PIONEER ENGINEERING, PA
SCALE : 1 INCH = 40 FEET
BY:
2782
John C. Lorson, LS_ Reg_ No_ 19828
100211.10
BAT
r illwater
'~ ---=
-- ,~
THE BIRTHPLACE OF MINNESOTA J
.
Stillwater Forestry Program
Katharine Widin
Forestry Consultant
430-8765 (voice-mail)
Recommendations
Date: 3 /, +(0 1/
I 02..- ~M?t\~ W~
V M1'^-.....,;) +t13 . ) 5 S I~ 7
Name:-t'';'l \~V\v
Address: S't ~t~J r ~
boulevard tree
.
Problem: ~ ~~~-o^-t< ~
.
~ I-.---rwo j:H~6l~~ ~ ~~V'--
o V\... ~ Lot" . +L. Gt~ ~~ c l-- e-l \' ~ ",-::J::i:.;, -ttu.. ~J
Recommendations: l..-.- ~
&-t" ""LL. -f ~ -Bw ~ "^lJ ",l Lo..>s ~ l...<>--- -b.o
-f~~ wt-st ~~'^-' ~l~ ~ ~ .s~. s~ l~ .
~t-~~ ohIL:;; \'^ ~ ~~'~v..... ~ o~l<..s t'^'-t"~
~ ~ ~ b x::J::;-' l~ 8'0.- 100 rot.!..
~ S>-~ -brc(..~ tl-f~ s~-z.c.- 0'-" C:O'^--rt~;;,,^ .s\~~
~
&v<>-tect>: ,,<- -{' ~O (5 \ """0' ~-r~::> "'" t.' &t<< I
(jO~~) s~ (jl~ .ct:-(~ 10-1.$ -rt-. -f'~tt--
~\L. ~ "'-0 ~~__ ~'"^:..tj? 5 ~ ~ ~(~L
, -- (\",-d",-~'",- .Jt."": cte.. ~~'c..- . .
WHEN USING PESTICIDES, OBSERVi),ROPER SAFET . c.lo~ev- 'be -cA:- ~
PRECAUTIONS AND AL WAYS FOLL01V LABEL DIRECTIONS .
OV'. ~\\.. s:A-<._;.. 3.f- c.o",-st~~'^- .wAV';~ o<--~.....,l:t~~ ~~
"2.0~ ~. ~~ ~ v-:--\ .s~;T~ ~c-> ~ ~':'\..A.
CITY HALL: 216 NORTH FOURTH S:RLLWA TEA. MINNESOTA ~82 PHONE: 651-430-8800 .-J
~ c\-~-e.. 1.V;.;r~"" ..5 j~ 0-1- (..o",-sr~-h~", .
3374 Staples Place
Standing at the Northwest Corner
of Lot
Photo 1: Looking East
Photo 2: Looking South
Photo 3: 28" Red Oak,
150 - 200 Years Old.
One of numerous trees we are
trying to spare.
I
J
- I
<.
.
20'
LEFT ELEVATION
FRONT ELEVATION
RIGHT ELEVATION
'--
.
32'-8"
2 '
I GARAGE I
I SHOP I
752 SF TOTAL
.
PROPOSED ACCESSORY STRUCTURE, 3374 STAPLES PLACE
.
onald
FEBRUARY 18,2002
.
CITY OF STILLWATER
216 NORTH 4TH STREET
STILLWATER, MN 55082
TO WHOM IT MAY CONCERN,
AS THE ARCHITECTURAL CONTROL COMMITTEE FOR THE LEGENDS OF
STILLWATER, WE DO NOT HAVE A ISSUE WITH THE CONSTRUCTION OF A DETACHED
STRUCTURE ON LOT 3 BLOCK 6 THE LEGENDS OF STILLWATER 3RD ADDITION WITH
THE FOLLOWING CONDITIONS:.
.
1. THE STRUCTURE BE DESIGNED TO MATCH THE STYLE AND COLOR
OF THE HOME.
2. THE STRUCTURE MEETS ALL ORDINANCES OF THE CITY AND
VARIANCES GRANTED IF NECESSARY.
IF YOU SHOULD HAVE FURTHER QUESTIONS REGARDING THIS ISSUE PLEASE
CONTACT RANDY CERNOHOUS AT 612-382-3196.
.
J~#~
ROBERT F. MCDONALD
PRESIDENT
u\\der for All Seas
~ \? . oils
Construction, Inc.
mcdonaldconstruction. com
7601 145th Street - Apple Valley, MN 55124 -952.432.7601 - info@mcdonaldconstruction.com
.
.,
9....')...
.',X'
~ . ,':~,
, . . . .",~"
~ . ~ # . i'(",
b&IQ' . . .... \
\~1932,7.'.',~ ..
;:~~27.0' , ..
. . . . . . J: \
. .. , , , . ... (1
;0.
i i
f .
J'
J
-'- I
J
""'-.......
I I.
I
/
I \
\ \
\
\
)\
I
"'~< &
\..---.
/
..._-...... //
~~...--~4::~--/
.,'....
'..
~----..,.
.
.
\0 i-
8 i
C::J
@j D
@! i
8.i ~
21 spU II
~j"'cl!S :
........... I: ':
l.-Jl ~ I
e,a aa ~
~!
~:
c,/JIJ11Nlewm:.
~M 5-1.-0/
rIHAL 1-'$O-()
~ ffeUM Il-L~-ol
.
jo,
l((zXf, ~-~ -
W/~ 1F-&t\
. I. .1 ,I.,
~ ~VA.l1()N W-.=I-o/I
I (l ~~ C;6/. f--r.
iI
()
ZZ
0....
..I''':
::!cn
!Cz-
....0
-III (.)
:-0
.Z '.
a:Z ..I
flO C
()z
w '
o 0-
~~O
Cz -
Ci5 ' :():
~III E
l 'f., ,
-ttF:.
@ Planco Inc.
9' CEILIN-G @~SIll'r.~ON!LY -
t 01-701
.
HG4153S
'"
.
- --'--7 - - ~., .... -r r ----................, - ----- -----~_......, -.... --., ~ -_...............&_~, ...,. -.......J _... ___...a .- ....-...........-, ...........
... -l:)-.........,.... V
STA TE OF MINNESOTA
IN COURT OF APPEALS
C9.99.1967
Stuart Nolan, et al.,
Appellants,
Tom Hansen, et aI.,
Plaintiffs,
vs.
City of Eden Prairie,
Respondent,
James Perkins, et aI.,
Respondents.
Filed May 23, 2000
Affirmed
Anderson, Judge
Hennepin County District Court
File No. 997377
. Considered and decided by Peterson, Presiding Judge, Kalitowski, Judge, and Anderson, Judge.
.
SYLLABUS
In reviewing the approval of a variance request for undue hardship under Minn. Stat. ~ 462.357, subd. 6
(2), we consider whether the record adequately addresses three statutory factors--reasonableness, unique
circumstances, and the essential character of the locality.
OPINION
ANDERSON, Judge
Appellants Stuart Nolan, et aI., challenge the respondent City of Eden Prairie's approval of variances
related to a preliminary plat, contending that the approval was in violation of statute and ordinance, and
was arbitrary and capricious. Appellants also challenge approval of the preliminary plat, contending that
a council member who had an unlawful conflict of interest cast the deciding vote. We affirm.
FACTS
Respondents James Perkins, et aI., own lakefront property located on Willow Creek Road. In 1989, the
city approved a subdivision of the property into three lots along with nine variances. In 1998, Perkins
filed an application with the city for revised preliminary platting. In connection with the application,
Perkins attended several meetings of the city's staff development review committee and the planning
commission, and met with the Minnesota Pollution Control Agency (MPCA) to assure that the proposed
shared septic system complied with state standards. In January 1999, the planning commission reviewed
http://www.lawlibrarv.state.mn.us/archive/ctappub/0005/c9991967.htm
4/16/02
~-----, -- ----~ - -rr---------, - --.....- .-.-.......------, -- ---,.- ----------, ...... -.....J -- -----.- .....-........--, --...
.- -0- - '.I..... V
the request and approved the revised preliminary plat by a 7-0 vote.
.
On March 2, 1999, the city council approved the preliminary plat by a vote of 3-2. The council was
provided with a staff summary of the requested council action, which described the joint septic system
as acceptable and summarized and attached three Department of Natural Resources (DNR) letters. The
DNR letters detailed the standard minimum lot size and lake shore setback, and commented on the heavy
burden of showing hardship required for variances. The council members voting for the revised plat all
expressed the opinion that the new plan was "more acceptable" or "better" than the previously approved
1989 plan.
On March 23,1999, Nolan's attorney wrote the city attorney requesting that the city "formally
acknowledge" that the preliminary plat vote failed on a 2-2 vote of disinterested council members
because council member Ross Thorfinnson, Jr. had a disqualifying conflict of interest. The letter
asserted that the law requires that council member Thorfinnson's vote be set aside because he shares
office space with attorneys Thomas Thorfinnson and Ross Thorfinnson, Sr., and the Thomas
Thorfinnson and Ross Thorfinnson, Sr. law firm represents the Perkins in related litigation. On April 9,
1999, the city attorney sent a responsive letter disagreeing with the legal conclusion that Ross
Thorfinnson, Jr. had a disqualifying conflict of interest.
On May 13, 1999, the city's board of adjustments and appeals denied the requested variances related to
the preliminary plat. On July 6, 1999, the city council reviewed the variance request and reversed the
board by a 3-2 vote. The city attorney spoke at length about the legal standard for variances, explaining
that:
.
The standard to which the Council is held is not that there cannot be any other reasonable
use of the property, but a determination of whether this is a reasonable use of the property
under the circumstances, and one that would not otherwise be allowed because of the
requirement of the code.
The council memorialized its July 6 decision with findings that included the following:
8. The Preliminary Plat contains an improvement in the setback for Lot 1, which under the
Preliminary Plat is 100 feet from the shoreland, whereas under the 1989 plat, it was 80 feet.
9.The Preliminary Plat contains an improvement in the setback for Lot 2, which under the
Preliminary Plat is 75 feet from the shoreland, whereas under the 1989 plat, it was 40 feet.
1O.Under the Preliminary Plat, the house pad on Lot 1 is moved 20 feet to the south to save
vegetation next to the adjacent property.
11. The new drain fields provided for in the Preliminary Plat are further from the lake than
under the 1989 plan. All three lots in the Preliminary Plat meet the 100 foot setback to the
drain fields, whereas, only one of the lots met the requirement under the 1989 plan.
12. Under the Preliminary Plat, two of the three lots meet the requirement of frontage on a
public street, whereas, under the 1989 plan, only one of the lots met that requirement.
.
13. Under the Preliminary Plat, two of the three lots meet the 150 foot lot width at the
ordinary high water mark and the third lot is 145 feet at the ordinary high water mark
requiring a variance of five feet. Under the 1989 plat, two of the three lots also met the
http://www.lawlibrary.state.mn.us/archive/ctappub/0005/c9991967.htm
4/16/02
'.
.
.
.
.,- - - - -H--7 -- -....., .. ...r1'-.......-...&......., ..... '-'.......... ..&..a.......&.u..._..I.., -~ LU._, ..I.. .H.....l.l.L..I..I...I.l..,J, Y r.:J. '--'~LJ V.1 .L.;"U\,:,ll .1. .1aJ..ll\..r, .1.'-... rag~ ..:) or 0
requirement, but the third lot was only 80 feet at the ordinary high water mark.
14. The proposed use of the property is residential, in keeping with the character of the area.
The three lots in the Preliminary Plat will have as much or greater shoreland than homes in
the surrounding area.
15. The property presents unique circumstances in that there is difficulty in creating house
pads and lot lines because the property is located at the terminus of a cul-de-sac.
16 The property further presents unique circumstances in that it is characterized by a stand
of trees and a grade change from 896 feet to 856 feet, representing a grade change of 44
feet.
Meanwhile, on May 20, 1999, appellants had filed a complaint against the city seeking declaratory
judgment that the revised preliminary plat approval vote failed because of a disqualifying conflict of
interest. On August 11, 1999, appellants filed an amended complaint seeking further declaratory
judgment that variances granted by the city were invalid because there was no showing of undue
hardship as required by ordinance and statute, and because the council acted arbitrarily and capriciously.
The amended complaint also named the Perkins as defendants and sought injunctive relief barring
development of the property. After a hearing, the district court granted summary judgment, finding there
were no material fact issues and concluding that the city's determination that variance criteria were met
was not arbitrary and capricious and that there was no disqualifying conflict of interest. Judgement was
entered and this appeal followed.
ISSUES
1. Did a city council member have a disqualifying conflict of interest in the city's preliminary plat
approval?
2. Was the city's variance approval in violation of governing statute and ordinance, or otherwise
arbitrary and capricious?
ANALYSIS
The district court shall grant summary judgment when the pleadings, depositions, answers to
interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine
issue of material fact and that either party is entitled to judgment as a matter of law . Fabio v. Bellomo,
504 N.W.2d 758, 761 (Minn. 1993). On appeal, this court must view the evidence in the light most
favorable to the party against whom judgment was granted. Id.
I.
Appellants argue that council member Thorfinnson had a disqualifying conflict of interest because he
shared office space with his brother's law firm, which was representing Perkins in appellants' challenge
to the earlier 1989 plat. In Lenz, our supreme court addressed the issue of a disqualifying conflict of
interest:
The purpose behind the creation of a rule which would disqualify public officials from
participating in proceedings in a decision-'making capacity when they have a direct interest
in its outcome is to insure that their decision will not be an arbitrary reflection of their own
selfish interests. There is no settled general rule as to whether such an interest will
http://www.lawlibrary.state.mn.us/archive/ctappub/OO05/c9991967.htm
4/16/02
~ - - ---. I .I. .I. ---- -- ~ - -
- ------7 -- ----7 - --~-------~ -- ---J -- ------ - --~---~ ---.. .- -0- . -.... "
.
disqualify an official. Each case must be decided on the basis of the particular facts present.
Among the relevant factors that should be considered in making this determination are: (1)
The nature of the decision being made; (2) the nature of the pecuniary interest; (3) the
number of officials making the decision who are interested; (4) the need, if any, to have
interested persons make the decision; and (5) the other means available, if any, such as the
opportunity for review, that serve to insure that the officials will not act arbitrarily to further
their selfish interests.
Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 15, 153 N.W.2d 209, 219 (1967).
In this case, there is no evidence that council member Thorfinnson had a direct interest in the
preliminary plat application. According to his deposition testimony, he did not know that his brother's
firm was representing the Perkins in the 1989 plat litigation until he was so informed on the day of the
March 2 vote. Even if he did have a direct interest in the preliminary plat approval, application of the
Lenz factors does not lead to the conclusion that he should be disqualified. He has no obvious pecuniary
interest and he is not involved in any contractual way. We conclude that there is no evidence supporting
any reasonable argument that a conflict occurred here.
II.
.
In considering zoning cases, this court reviews the decision of the city council independent of the
findings and conclusions of the district court. VanLandschoot v. City of Mendota Heights, 336 N.W.2d
503, 508 (Minn. 1983). Regardless of whether the zoning matter was legislative or quasi-judicial, we
determine whether the municipality's action in the particular case was reasonable. ld. We examine the
action to determine whether it was arbitrary or capricious, or whether the reasons articulated by the
municipality do not have the slightest validity or bearing on the general welfare, or whether the reasons
were legally sufficient and had a factual basis. ld,
A municipality has broad discretionary power when considering an application for variances. ld.at 507-
08. The fact that a reviewing court may have arrived at a different conclusion does notinvalidate the
judgment of the city officials if they acted in good faith and within the broad discretion accorded them
by statutes and the relevant ordinances. ld. at 508.
a. Statutory Standard
Appellants argue that the city granted the variances in violation of governing state statute and municipal
ordinance. Minnesota law provides that a zoning authority may: _
.
hear requests for variances from the literal provisions of the ordinance in instances where
their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the ordinance.
"Undue hardship" as used in connection with the granting of a variance means the property
in question cannot be put to a reasonable use if used under conditions allowed by the
official controls, the plight of the landowner is due to circumstances unique to the property
not created by the landowner, and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone shall not constitute an undue
hardship if reasonable use for the property exists under the terms of the ordinance.
Minn. Stat. S 462.357, subd. 6(2) (1998). The Eden Prairie City Code, SI1.76, subd. 1, (1984) also
http://www.1awlibrarv.state.mn.us/archive/ctappub/0005/c9991967.htm
4/16/02
.
.
.
0- - ---
authorizes the granting of variances and tracks the language of Minn. Stat. ~ 462.357, subd. 6(2).
Appellants argue that the city council did not grant the variances for a hardship but merely because they
found the new plan reasonable. Appellants urge that the city may grant a variance for undue hardship
only if the landowner can put the property to no other reasonable use. See VanLandschoot, 336 N.W.2d
at 509 (upholding denial of variances because even with denial there was a reasonable use for property);
Tucknerv. Township of May, 419 N.W.2d 836,839 (Minn. App. 1988) (upholding denial of variances
for failure to establish undue hardship because landowner can continue to use the property for its present
reasonable use). The city responds that the correct standard is whether the proposal was reasonable
under the circumstances, and would not be allowed except by granting the variances.
,
In Rowell, this court squarely addressed the question and explained that the statutory undue hardship
requirement "does not mean that a property owner must show the land cannot be put to any reasonable
use without the variance." Rowell v. Board of Adjustment of the City of Moorhead, 446 N.W.2d 917,922
(Minn. App. 1989), review denied (Minn. Dec. 15, 1989). Rather, the und~ehar~ship standard requires a
,-,-~,,_.-,L ..
showing that the property owner would like to use their propertYln-areasoniblemanner that is
prohibited by ordinance. Id; see also Sagstetter v. City of Saint Paul, 529 N.W.2d 488, 492 (Minn. App.
. 1995) (applying reasonable use standard). Rowell makes clear that the three statutory requirements for
granting a variance under the undue hardship standard are (1) reasonableness, (2) unique circumstances
and (3) essential character of the locality. Rowell, 446 N.W.2d at 922.
First, we must evaluate the reasonableness of the requested variances against the fact that the city
previously granted the Perkins a number of variances in 1989. The newer variances granted in 1999
bring the property closer to compliance with the conditions allowed by the official controls. The city's
findings number eight through thirteen listed the ways in which the 1999 variances vary less from code
provisions than the 1989 variances. The reasonableness analysis might differ if the city had approved a
request that was further from the original ordinance rather than more compliant. But here &t.evariancf
r~guest isreasonable because it is in keypingwith the spirit and int~nt ofthe oJ.'wn;:l1lce. See Merriam
-.' , -, ------- '-'- - -'-- .. .. __ ,;1 '.' __. _..,,"_..___ ..... -'.' , -- .____ ___,Il", __ I."..".. ," .. I ',' l
Park Community Council, Inc. v. McDonough, 297 Minn. 285;291, 21ON:W.2d--416, 420 (1973)
overruled on other grounds, Northwestern Collete v. City of Adren Hills, 281 N.W.2d 865,868 n.4
(Minn. 1979).
Second, there is no dispute that the land has unique circumstances. The unique circumstances of the
Perkins property were detailed in the city's finding number 15 and 16--the property is located at the end
of a cul-de-sac, and has a stand of trees and a significant grade change of 44 feet. This finding
reasonably supports the city's conclusion that unique circumstances justify granting the variances.
Appellants argue, however, that the Perkins plight is of their own making and that their purpose in
requesting variances is purely to increase resale value. Appellants seemingly ignore that the Perkins
already had the 1989 variances and platting, and that the requested 1999 variances were arrived at after
working with city staff over a period of months.
<:
, The t~ir(L~tatutory requirement is that the variances not alter the essential character of the locality. The
city's finding number fourteen was that the proposed use is in keeping with the character of the locality.
Appellants, however, contend that the average lot size in the neighborhood is 1.556 acres and protest
that one lot under the 1999 configuration is only .62 acres. How the one undersized lot significantly
alters the essential character of the neighborhood is not entirely clear. Appellants also protest the loss of
open space, but the 1999 plan preserves as much, if not more, open space than the prior 1989 plan.
In sum, because the city's findings adequately addressed the three statutory requirements as described in
Rowell, the statutory standard was satisfied.
http://www.lawlibrarv.state.mn.us/archive/ctappub/0005/c9991967.htm
4/16/02
"
,
.
.
.
.
. ------., -- -....., - -r r -........-............, -- ----- ----........-......., -... -....., -- ...._..............&......&u, .. U. -......J ......... ~-_.. ... ...-.........-, ...........
... "0'" V V~ V
b. Arbitrary and Capricious
Appellants further argue that the variances were granted arbitrarily and capriciously in disregard of
MPCA rules and DNR requirements. But appellants can point to no governing rule or ordinance
requiring MPCA or DNR approval for the issuance of variances by a municipality. The MPCA does
have sewage treatment standards that have been adopted by the city, but no MPCA approval is required.
Both the city and the Perkins contend that the proposed septic system is in compliance with those
standards, and appellants do not detail their assertion that the proposed septic system does not meet
those standards.
As to DNR approval, the DNR letters articulate the DNR's standards, including the 100-foot shoreland
setback. Minnesota Rules explain that:
These minimum standards and' criteria apply to those shorelands of public waters of the
state which are subject to local government land use controls. They are intended to be
incorporated into local government shoreland management controls. Each local government
is responsible for administration and enforcement of its shoreland management controls
adopted in compliance with these standards and criteria.
Minn. R. 6120. 2800, subp. 1 (1997). Variances are granted in accordance with statute. Minn. R.
6120.3900, subp. 3 (1997). It is precisely because one of the lots does not meet the DNR 100-foot
setback as required by city ordinance that a variance is required. We conclude that the city did not grant
the variances arbitrarily or capriciously.
DECISION
There is no evidence of a disqualifying conflict of interest so as to invalidate the city's preliminary plat
approval. The city's approval of related variances satisfied the statutory requirements for undue hardship
and was not arbitrary or capricious.
Affirmed.
http://www.lawlibrary.state.mn.us/archive/ctappub/0005/C9991967.htm
4/16/02
;r
.)
.
.
.
MEMORANDUM
April 16, 2002
TO:
Mayor and City Council
FROM:
Diane Ward, City Clerk
SUBJECT: 2nd Reading of Ordinance 920
The Charter Commission held their public hearing last night and adopted
the attached resolution recommending Plan C to the City Council. Plan C is one
of the plans that is in your Council packet.
Mr. Richard Colemier and Mr. Gary Kriesel will be attending the meeting
tonight to answer any questions Council may have.
'\.
1..
RESOLUTION 2002-87
A RESOLUTION OF THE CHARTER COMMISSION OF THE
CITY OF STILLWATER REDIFINING WARD BOUNDARIES PURSUANT TO
CITY CHARTER SECTION 3.01, SUBDIVISION B
.
WHEREAS, the State of Minnesota Special Redistricting Panel, appointed by Chief Justice
Blatz of the Minnesota Supreme Court, redistricted on March 19, 2002; and
WHEREAS, Article III, Section 3.01, Subdivision B requires that the City Charter by
Resolution, may redefine ward boundaries subject to the limitations and restrictions of State
Statute. Within forty-five (45) days after the official certification of each federal decennial or
special census, the Charter Commission shall either confirm the existing ward boundaries as
conforming to the standards of Subd. 3.01.a. or redefine ward boundaries to conform to those
standards; and
WHEREAS, the Charter Commission reviewed three proposed redefining ward boundary plans
(A, B, & C); and
WHEREAS, the Charter Commission used the following to determine the balance of as equal
in population as practicable and each ward shall be composed of compact, contiguous
territory:
1. to preserve neighborhoods as they are today
2. to plan for future population growth based on the best information possible (2000
census did not include population of the annexation area as it exists today)
3. to have boundaries that are logical and understandable to the voting public
4. to maintain the same polling places if possible
.
WHEREAS the Charter Commission at a special meeting on April 1, 2002 chose Plan C that
met the Charter requirements of balance of as equal in population as practicable and each
ward shall be composed of compact, contiguous territory; and
WHEREAS, the Charter Commission caused notice to be published in the legal newspaper on
March 29 and April 2, 2002 for the City; and
WHEREAS, at a public meeting duly held on April 15, 2002 for the purpose after providing
ample opportunity for the public to be heard.
NOW THEREFORE, the City Charter Commission of the City of Stillwater resolves as follows:
1. Thai ihe City has redefined its ward boundaries legally described as follows and
illustrated on the attached map as Exhibit A.
The Election boundaries of the City of Stillwater are as follows, including all properties located .
within the City of Stillwater bounded by these descriptions.
.,
.
.
.
#'
Ward 1, Precinct 1. Commencing from a point at the intersection of centerlines of TH 36 and
South Greeley Street and heading Northerly along the centerline of South Greeley Street to the
centerline of West Abbot Street. Thence Easterly following the centerline of West Abbot Street
to the centerline of South Martha Street. Thence Northerly following the centerline of South
Martha Street to the centerline of West Willard Street. Thence Easterly following the centerline
of West Willard Street to the centerline of South Martha Street. Thence Northerly following the
centerline of South Martha Street to the centerline of West Olive Street. Thence Easterly
following the centerline of Olive Street to the centerline of South Main Street (also known as
State Highway 95), Thence following the centerline of South Main Street (also know as State
Highway 95) North Westerly to the Centerline of East Chestnut Street. Thence Easterly .
following the centerline of East Chestnut Street to the Corporate Limits of the City of Stillwater.
Thence following the Corporate Limits of the City of Stillwater South Easterly and South
Westerly (a clockwise direction) to the point of beginning.
Ward 1, Precinct 2. Commencing from a point at the intersection of centerlines of South
Greeley Street and West Lake Street and heading Westerly along the centerline of West Lake
Street to the edge of Lily Lake at normal water level. Thence North Westerly along the Normal
Water Line of Lily Lake to the centerline of South Hemlock Street. Thence Northerly following
the centerline of South Hemlock Street to the centerline of West Pine Street. Thence Westerly
following the centerline of West Pine Street to the centerline of Stillwater Boulevard (also know
as County Road 5), Thence Northerly following the centerline of Stillwater Boulevard (also
know as County Road 5) to the joining of West Olive Street (also know as County Road 5).
Thence Easterly following the centerline of West Olive Street to the centerline of South
Greeley Street. Thence Northerly following the centerline of South Greeley Street to the
centerline of West Olive Street. Thence Easterly following the centerline of West Olive Street
to the centerline of South Martha Street. Thence Southerly following the centerline of South
Martha Street to the centerline of West Willard Street. Thence Westerly following the
centerline of West Willard Street to the centerline of South Martha Street. Thence Southerly
following the centerline of South Martha Street to the centerline of West Abbot Street. Thence
Westerly following the centerline of West Abbot Street to the centerline of South Greeley
Street. Thence Southerly following the centerline of South Greeley Street to the centerline of
West Lake Street and the point of beginning.
Ward 2, Precinct 3. Commencing from a point at the intersection of centerline of East
Chestnut Street (also know as the Stillwater Bridge) and the Corporate Limits of the City of
Stillwater. Thence Westerly following the centerline of East Chestnut Street to the West edge
at Normal Pool Elevation of the Saint Croix River. Thence Northerly following the West edge
at Normal Pool Elevation of the Saint Croix River and heading along the west edge to the
centerline of West Myrtle Street. Thence Westerly following the centerline of East Myrtle
Street to the centerline of North Third Street. Thence Northerly following the centerline of
North Third Street to the centerline of West Linden Street. Thence Westerly following the
centerline of West Linden Street South to the centerline of North Fourth Street. Thence South
Easterly following the centerline of North Fourth Street to the centerline of West Mulberry
Street. Thence Westerly following the centerline of West Mulberry Street to the centerline of
North William Street. Thence Southerly following the centerline of North Williams Streetto the
centerline of West Olive Street. Thence Westerly following the centerline of West Olive Street
to the centerline of South Greeley Street. Thence Southerly following the centerline of South
Greeley Street to the centerline of West Olive Street (also known as County Road 5). Thence
Westerly following the centerline of West Olive Street (also known as County Road 5) to the
centerline of Deer Path. Thence Northerly following the centerline of Deer Path to the
Centerline of Myrtle Street (also know as County Road 12). Thence South Easterly following
the centerline of Myrtle Street (also known as County Road 12) to the centerline of North
Birchwood Drive. Thence Northerly following the centerline of North Birchwood Drive to the
centerline of West Linden Street. Thence Easterly Following the centerline of West Linden
Street to the centerline of Robin Lane. Thence Northerly following the centerline of Robin
Lane to the centerline of Meadowlark Drive. Thence Easterly following the centerline of
Meadowlark Drive to the centerline of North Center Street. Thence Southerly following the
Centerline of North Center Street to the centerline of West Linden Street. Thence Easterly
following the centerline of West Linden Street to the centerline of North Owens Street (also
known as County Road 5). Thence Northerly following the centerlifle of North Owens Street to
the joining of Stonebridge Trail (also known as County Road 5). Thence North Westerly
following the centerline of Stonebridge Trail (also known as County Road 5) to the Corporate
limits of the City of Stillwater (approximately at the intersection of Browns Creek and
Stonebridge Trail). Thence Easterly and Southerly following the Corporate Limits of the City of
Stillwater (a clockwise direction) to the point of beginning.
Ward 2, Precinct 4. Commencing at a point at the intersection of centerline of West Olive
Street and South William Street. Thence Northerly following North William Street to the
centerline of West Mulberry Street. Thence Easterly following the centerline of West Mulberry
Street to the centerline of North Fourth Street. Thence North Westerly following the centerline
of North Fourth Street to the centerline of West Linden Street. Thence North Easterly following
the centerline of West Linden Street to the centerline of North Third Street. Thence South
Easterly following the centerline of North Third Street to the Centerline of East Myrtle Street.
Thence North Easterly following the centerline of East Myrtle Street to the West edge at .
Normal Pool Elevation of the Saint Croix River. Thence South Easterly following the West
edge at Normal Pool Elevation of the Saint Croix River to the centerline of East Chestnut
Street. Thence Westerly following the centerline of East Chestnut Street to the centerline of
South Main Street (also known as State Highway 95). Thence Southerly following the
centerline of South Main Street (also known as State Highway 95) to the centerline of East
Olive Street. Thence South Westerly following the centerline of Olive Street to the centerline
of South Williams Street and the point of beginning.
Ward 3, Precinct 5. Commencing at a point at the intersection of centerline of Stonebridge
Trail (also known as County Road 5) and the Corporate limits of the City of Stillwater
(approximately at the intersection of Browns Creek and Stonebridge Trail). Thence South
Easterly following the centerline of Stonebridge Trail (also know as County Road 5) to the
joining of North Owens Street (also known as County Road 5). Thence Southerly following the
centerline of North Owens Street (also known as County Road 5) to the centerline of West
Linden Street. Thence Westerly following the centerline of West Linden Street to the
centerline of North Center Street. Thence Northerly following the centerline of North Center
Street to the centerline of MeadowlarkDrive. Thence Westerly following the centerline of
Meadowlark Drive to the centerline of Robin Lane. Thence Southerly following the centerline
of Robin Lane to the centerline of West Linden Street. Thence Westerly following the
centerline of West Linden Street to the centerline of North Birchwood Drive. Thence Southerly
following the centerline of North Birchwood Drive to the centerline of West Myrtle Street (also
known as County Road 12). Thence North Westerly following the centerline of West Myrtle
Street (also known as County Road 12) to the centerline of Deer Path. Thence Southerly
following the centerline of Deer Path to the centerline of West Olive Street (also know as
~
\.
.
.
.
.
.
.
"
County Road 5), Thence Westerly following the centerline of West Olive Street (also known as
County Road 5) to the joining of Stillwater Boulevard (also know as County Road 5). Thence
South Westerly following the centerline of Stillwater Boulevard (also know as County Road 5)
to the centerline of Oakridge Road. Thence Westerly and Southerly following the centerline of
Oakridge Road to the centerline of Croixwood Boulevard, Thence Westerly following the
centerline of Croixwood Boulevard to the centerline of Northland Avenue. Thence Northerly
following the centerline of Northland Avenue to the intersection of center lines of 72nd (Seventy
Second) Street North and Interlachen Drive, Thence North Westerly following the centerline of
72nd (Seventy Second) Street North to the centerline of Rutherford Road. Thence Westerly
and Northerly following the centerline of Rutherford Road to the centerline of County Road 12
and the existing Corporate Limits of the City of Stillwater. Thence following the Corporate
Limits of the City of Stillwater in a clockwise direction to the point of beginning. Ward 3 (three)
is to include any annexation to the City of Stillwater that falls North of County Road 12 and
East of Stonebridge Trail (also known as County Road 5) that is not described above.
Ward 4, Precinct 6. Commencing from a point at the intersection of centerline of Rutherford
Road and the centerline of County Road 12. Thence Southerly and Westerly following the
centerline of Rutherford Road to the centerline of 72nd (Seventy Second) Street North. Thence
Easterly following the centerline of 72nd (Seventy Second) Street North to the centerline of
Northland Avenue. Thence Southerly following the centerline of Northland Avenue to the
centerline of Croixwood Boulevard, Thence Easterly following the centerline of Croixwood
boulevard to the centerline of Oakridge Road. Thence Northerly and Easterly following the
centerline of Oakridge Road to the centerline of Stillwater Boulevard (also know as County
Road 5). Thence Northerly following the centerline of Stillwater Boulevard (also known as
County Road 5) to the centerline of West Pine Street. Thence Easterly following the centerline
of West Pine Street to the centerline of South Hemlock Street. Thence Southerly following the
centerline of South Hemlock Street to the Normal Water Line of Lily Lake. Thence Easterly
and Southerly following the Normal Water Line of Lily Lake to the centerline of Lake Street.
Thence Easterly following the centerline of Lake Street to the centerline of South Greeley
Street. Thence Southerly following the centerline of South Greeley Street to the centerline of
State Highway 36 and the existing Corporate Limits of the City of Stillwater. Thence following
the existing Corporate Limits of the City of Stillwater in a clockwise direction to the point of
beginning.
Adopted by the Stillwater Charter Commission this 15th day of April, 2002.
/7~ ~
LA.- ~ /v1.t. ~
Wayne An erson, Chair
ATTEST:
/rl~ R<< d-,
Mary Ruch, ce Chair
Z RD. 55 FUTURE REVISED I
.,.,
\81N 82
South !z WITH LEG LINE
Twin z ON<HIU
Lake CT.N. ~
~ City of
. {water
~
8r.",.
Engineering Department
2000 Census
Redistricting
Future Proposal
15 Revised
Future population numbers are representative of
estimated population for 2006 as noted in the City
of Stillwater's Comprehensive Plan, Population
figures were supplied by the Community
Development Director,
PLAN lelR
N
W~E
tp
'"-1U\ .
S
0 0,25 Miles
N. 1-
8T.N. Ward Statistics
!f.~_! STATE HWY. 36 ....
-.. 87 Al::nn . UnAssigned
II"",..,;...
Annn
':ll::nn 111
':lnnn
UnAssigned 0 0.00 0 -4198 -100,00 ?I';OO 112
?nnn
1 4101 100.00 4101 -97 -2,31 1l::nn D3
2 4101 100,00 4101 -97 -2,62 1nnn
cnn
3 3400 81.48 4194 -4 0,21 0
4 2935 67,70 4335 3,26
.
.
.
..
MEMORANDUM
April 12, 2002
TO:
Mayor and City Council
FROM:
Diane Ward, City Clerk
SUBJECT: Second reading of Ordinance No. 920 amending the Stillwater
City Code, Chapter 21, Sec. 11 Entitled Election Wards
DISCUSSION:
The Charter Commission will conduct a public hearing on Monday, April
15, 2002 at 7:00 p,m. on Plan C. However, based on input from Washington
County the numbering of the Ward/Precincts has been changed (see attached
Plan C). The county felt this method of numbering would help eliminate
confusion of the voters.
Based upon comments at the public hearing, the Charter Commission will
adopt a resolution to be presented to Council on Tuesday evening. I anticipate
that some members of the Charter Commission will be in attendance at the
Council meeting to answer any questions.
I have included below some information that you received in your last
packet.
Plan A
Plan A shows the Ward 1 boundaries within Legislative District 56. Ward
2 and 3 boundaries had to be adjusted to compensate for the increase in Ward 1.
The difference in population in Ward 1 from the other three wards is
approximately 250 people.
Approximate election cost implications: None
Plan B
Plan B incorporates the Ward 1 boundaries within the Legislative District
and adds approximately 250 people presently in Ward 2 to achieve balance in all
wards However, because of the legislative line the 250 people are in a different
legislative district, therefore to maintain the integrity of the election process this
precinct should have its own polling place in Ward 1. City hall is now located in
Ward 1 which could be used for this purpose (Fire Training Room).
Approximate election cost implications:
1 machine
3 voting booths
4 judges
Total
$250.00
600,00
$1150.00
$2000.00
Plane
Plan C is the last plan reviewed by the Charter Commission with the
addition of 2 precincts (one in Ward 1, and one in Ward 2). To maintain the
integrity of the election process this plan should involve a new polling place in
each ward
Approximate election cost implications:
2 machines $500.00
15 voting booths $3000.00
8 judges $2300.00
Total $5850.00
It should be noted that none of the associated costs with Plan B & Plan C were
budgeted for in the 2002 budget.
Additional Pollina Places - Plan C
I have met with the staff at Our Saviors Lutheran Church on Olive Street
and they are receptive to the use of their facility as a polling place for Ward 1, .
Precinct 2. This facility is located in Ward 2, however it would be within the 3,000
feet requirement for polling place location to allow it to serve as a polling place.
Approximately 830 people would be in this precinct.
The City Hall Council Chambers could be used as a polling place for Ward
2, Precinct 4. However, this would require Council to change their meeting date
of November 5 to another night. Approximately 587 people would be in this
precinct.
Additional Information:
Plan C was developed using census block information and projected
population for the expansion area. This area was just beginning to develop when
the census was done (census block map attached). The plan was also
developed to allow for easier transition/balancing of the wards by adding
population to either Ward 1, Precinct 2 or Ward 2, Precinct 3 should boundary
changes or adding polling places have to be done prior to or at the next census.
Notification to voters, at the City's expense (during mid-term boundary changes),
will only have to be done to actual voters impacted by the change. Even though
Plans A & B cost impacts are zero or less than Plan C, using Plan A or Band
'"
.'
.
.
.
.
changing boundaries mid term would involve an additional City expenditure for
"Notification of Voter" of approximately $3,000-$5,000, plus the costs stated
above to implement two polling places, Washington County is absorbing the cost
of the "Notification to Voters" and will be notifying every registered voter whether
or not they change wards/precincts or polling place.
City Administrator Hansen feels that the estimated implementation cost of Plan C
can be absorbed in the total budget.
RECOMMENDATION:
I have no preference on any of the plans, however the following items
should be considered:
1. If Plan B adopted, designate the Fire Training Room as a polling
place for Ward 1, Precinct 2.
2. If Plan C is adopted designate the City Council Chambers as a
polling place for Ward 2, Precinct 4 and Our Saviors Lutheran
Church for Ward 1, Precinct 2.
3. Conditioned on Item 2, schedule the November 5, 2002 meeting for'~~
another evening (Tuesday, November 12).
ACTION REQUIRED:
.
Whichever plan is chosen the following actions are required:
1. .Adopt Ordinance No. 920 amending the Stillwater City Code,
Chapter 21, Sec. 11 Entitled Election Wards
2. Adopt Resolution 2002-_, Establishing Polling Places
.
Lake 93r<l ST_ N,
. . 0\"1-
"1"1>).- FAllS 1'" FUTURE R SED
RD_ 55 90Ih
~ 5T.N. 82
South \ -z WITH LEG LINE
Twin OAK HILL ui
Lake ~ RD.
Sr Citvof
Q\il1water
8>",
s~ Iv_
64
E. . D ~
nglneerlng epartment
2000 Census
Redistricting
Future Proposal
15 Revised
Future population numbers are representative of
estimated population for 2006 as noted in the City
of Stillwater's Comprehensive Plan, Population
15 figures were supplied by the Community
Development Director.
PLAN 'A'
N
\~('
$~
fro,; ". ~'.
.-aI ~' __.
w~~- ~~ E
. '~+Q - ~~'
'<nll)"
T
S
0.25 Miles
'!\
15 ~
1-
. .. ~~, 60th ST_N.
>"';." STATE HWY. 36 N 59th
:;=:: 67 A c;nn
Annn UnAssigned
~c;nn
~nnn
-100.00 ?~nn
UnAssigned 0 0.00 0 -4198 .,nnn
1 3858 100.00 3858 -340 -8.10 1c;nn
2 4251 100.00 4251 53 1. 26 1nnn
l:(\(\ 4
--- -- 3 3493- 81.48 4287 89 2-.12 - -0
4 2935 67.70 4335 137 3.26 Future Population
93<<1 ST. N.
Lake 0,1-
FUTURE R SED
RD. 55 90th
~ ST.N. 82 WITH LEG LINE
South \ ~~
Twin OAK HILL ;~
Lake CT.N. .ater
0
t; z
~ 5
8?",
IS,,,,-
E . D t ~
ngrneerrng. epar l11en.
2000 Census
Redistricting
Future Proposal
Revised
15
Future population numbers are representative of
estimated population for 2006 as noted in the City
of Stillwater's Comprehensive Plan. Population
figures were supplied by the Community
Development Director.
PLAN 'B'
N
"\~t,,
~~~~
w~~ -;:j~ E
,. ....
'+" - ~
.<~)>:
S
0 0.25 Miles
z
615t '!\
..j ST. N. ~
1- 6
S
ST.N.
59'"
67 lI&;nn
IInnn
~&;nn
~nnn
100.00 ?~nn
UnAssigned 0 0.00 0 4198 ')nnn
100.00 4064 134 3.19 1&;nn
1 4064 1nnn
100.00 4045 153 3.64 hnn 4
2 4045
3493 81.48 4287 89 2.12 0
3
2935 67.70 4335 137 3.26 Future Population
4
- - - ----- - - -
Lake 9Jrd ST. N:
"'~
RD. 55 FUTURE R SED
90th
~ ST.N. 82
South ~ :j~ WITH LEG LINE
Twin OAK HIll ~~
Lake CT.N. ~<
0 Citv of
Br
~ ,,~ Qlillwater
Sr.fV.
84
E D ~
ngrneerrng epartment
2000 Census
Redistricting
Future Proposal
:i
, '.--__n ~; Revised
15 77THSTN :i"\
Future population numbers are representative of
estimated population for 2006 as noted in the City
15 of Stillwater's Comprehensive Plan. Population
figures were supplied by the Community
Development Director.
PLAN 'A'
N
ih--
~~~
-'. ,..
w-"",~ R"'" E
.,.., ~~.
---:1f)~
S
~ 0,25 Miles
~
~
! '!\
15 ~ ... Ii.
: '~~,
l>,,,,, '''''' ST.N.
STATE HWY. 36 N
~-: 67 lI~nn -
IInnn UnAssigned
Ward :Census Population Census Pop. Future Populatio Future Deveation Future Dev, % ':l~nn 111
':lnnn
UnAssigned 0 0,00 0 -4198 -100,00 ?<;nn -2
?nnn
1 3858 100.00 3858 -340 -8.10 1~nn D3
2 4251 100.00 4251 53 1. 26 1nnn
<:nn D4
3 3493 81.48 4287 89 2,12 0
4 2935 67.70 4335 137 3,26 Future Population
~
<-
ST.N.
67 lI<;nn
IInnn
Future Dev, % ~<;nn
~nnn
-100,00 ?<;nn
rynnn
-3,19 1<;nn
-3.64 1nnn
cnn
2,12 0
3,26 Future Population
Lake
93rdST.N.
o'~
"f.,"i',..FAL1.S 1?
RD
55
90'"
i ST.N.
\
OAKHIU ~ ~
CT.N ;~
o
82
South
Twin
Lake
B r 0 wn S
~
S7:N.
ill
15
)@;::~,
~..:cl-;'~-
N.
STATE HWY, 36
-
N
~~:
=::'f
Ward
census_po~ulation 1= Census::'Pop~'o !~Fut~-;::;~~'~l"~tio iFuture Deveation
UnAssigned
1
2
3
4
0 0.00 0 -4198
4064 100.00 4064 -134
4045 100.00 4045 -153
3493 81.48 4287 89
2935 67,70 4335 137
.,
FUTURE R SED
WITH LEG LINE
Citv of
<$illWater
E' . D ~
ngmeermg epartment
2000 Census
Redistricting
Future Proposal
Revised
Future population numbers are representative of
estimated population for 2006 as noted in the City
of Stillwater's Comprehensive Plan, Population
figures were supplied by the Community
Development Director.
PLAN 'B'
N
""dr.--t.;
.!~.."..
-'. ,.
w."",~ ~...., E
+, - '!t,~-
.....:11~~)~
s
0.25 Miles
. UnAssigned
-1
B2
D3
[J4
i.
RD.
55
"'.
\ST.N.
..
::l~
~>;;
CT.N. ~<
o
82
South
Twin
Lake
i.
".
8r./y,
~
15
15
r5
~
1-
ST.N.
",.
STATE HWY. 36
Ac;nn
Annn
':Ic;nn
':Innn
?~OO
')nnn
ic;nn
innn
",nn
=~.
67
'~W"i%, ", .,. .., .. ....'.h
uture Deveatibn
ltFuture.;;pev. ~\
icensus Population Censu.1r pop'!' 'Future Populatio
UnAssigned 0 0,00 0 -4198
1 4101 100,00 4101 -97
2 4101 100.00 4101 -97
3 3400 81.48 4194 -4
4 2935 67,70 4335 137
-100,00
-2,31
-2,62
0.21
3.26
FUTURE "VISED
WITH LEG LINE
City of
.
!water
Engineering Department
2000 Census
Redistricting
Future Proposal
Revised
Future population numbers are representative of
estimated population for 2006 as noted in the City
of Stillwater's Comprehensive Plan. Population
figures were supplied by the Community
Development Director.
PLAN 'C'R
N
w
E
s
0,25 Miles
'!\
o
. UnAssigned
-1
-2
D3
4
Future Population
o
Z
South
Twin z
Lake
f- .
'" Z
.. !!:
~ to u
81.-,
BeN.
~ 64
z
90th
~ 5T.N.
\
82 .
:jz
OAK HILL "f '!i
CT.N. ~ 0(
o
fjCLlWQ!$>
cr e e k
RD.
Own s
.
.
.
City of
~t~l
E..D 'J)
ngll1eenng eparlmenl
2000 Census
Blocks
These blocks and populations
represent the smallest count
collected for the City of Stillwater,
These blocks are the most current
information available for redistricting,
15
15
""
z
OREN '!i
0(
CT. Z
5
Z lJ! .
0( 0( Z
o ;f .
ili ~ ~
a. >-
'" ST. a 8
~ ~ zg ~
o..~~ -.i
"3- 61st5T.
ii'i>
a. .
15
z
61 sl ~
"'~6IhN ~
1- ~
Std' 3 1'>
23
N.
STATE HWY. 36
60th
N.
ST. N.
591h
N
W+E
s
o
0.25 Miles
..<
.f
'I
. Memo
To:
From:
Date:
Subject:
Mayor and City Council /l ./
Steve Russell, Community Development Director r (......-'"
April 11 , 2002
Zoning Text Amendment Adding Density Bonus Provision for Affordable
Housing Projects (ZAT/02-01)
The Planning Commission considered the amendment at their meeting of April 8, 2002. They
felt that the bonus was a way for the city to assist qualified affordable housing projects.
The Planning Commission recommended approval of the amendment on a +6-1 vote.
Recommendation: Decision on Zoning Text Amendment
Attachment: Planning Commission Staff Report of 4/8/02
.
.
Memo
To:
From:
Date:
Subject:
Planning Commission
Steve Russell, Community Development Director
April 4, 2002
Zoning Text Amendment Establishing a Multifamily Bonus Provision. Case
No. ZAT/02-01
Discussion: In order to help facilitate affordable housing, a zoning density bonus provision is
being proposed. It would allow projects to have additional housing units over and above the
designated zoning ifthey qualify. For example, an affordable housing project of 10 units with a
10 percent density bonus would have 11 units. A density bonus provision is a regulatory method
for the City to assist with providing affordable housing. All other development regulations
would apply through the normal project review.
The ordinance also requires that the affordable housing project meets the federal definition for
affordabilityand at least 80 percent of the units in the project be affordable.
Recommendation: Approval
Findings: The density bonus provision is consistent with the housing policy of the
Comprehensive Plan regarding providing a range of housing opportunities including affordable
housing units.
CPC Action on 4/8/02: +6-0 approval
"-,
,
\'
.
.
.
1-4"
.,
j,
.
ORDINANCE NO. 921
.
AN AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF
STILLWATER, CHAPTER 31, PROVIDING FOR A MULTIFAMILY
AFFORDABLE HOUSING DENSITY BONUS BY ADDING TO SUBDIVISION
24, SUPPLEMENTARY REGULATIONS
The City Council of the City of Stillwater does ordain:
1. AMENDING. Subdivision 24. Supplementary Regulations is amended by
adding a Subdivision 18 as follows:
(18) Multifamily Residential District Bonus. A 10 percent multifamily residential
density bonus may be allowed for qualifying affordable housing projects as
defined by state and federal regulations. At least 80 percent for the residential
units shall meet the affordable housing standards as established by the
Department to Housing and Urban Development for the Stillwater area.
2. SAVING. In all other ways, the Stillwater City Code shall remain in full
force and effect.
3. EFFECTIVE DATE. This ordinance will be in full force and effect from and
after its publication according to law,
.
Enacted by the City Council of the City of Stillwater this 16th day of April,
2002.
By
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
~
,
.
.
.
.
MEMORANDUM
To: Mayor and City Council
From: Shawn Sanders, Lh S
Assistant City Engineerl1'- .
Date: April! 0, 2002
Re: 2002 Street Improvement Project
DISCUSSION
At the Public Hearing for the 2002 Street Improvement Project, Council directed to staff,
to re-evaluate the need of including Laurie Court on this year's street improvement
project. Initially, this street was given a rating of "worst" according to the guidelines set
in the Pavement Management Study. After revisiting the sight and inspecting the street,
it is my opinion that the improvements to the street are warranted for Laurie Court and
should be included as part of the 2002 Street Improvement Project.
Included in this memo is the rating for Laurie Court form the Pavement Management
Study and a letter sent to the property owner, who made the initial request to delete
Laurie Court from the project.
RECOMMENDATION
It is recommended that Laurie Court be included as part of the 2002 Street Improvement
Project.
STREET NAME FROM TO
S Harriet Street Pine End
S Harriet Street Willard Pine
S Hemlock Street Oak Olive
S Hemlock Street Pine Oak
S Hemlock Street End Pine
S Holcombe Street Hancock Anderson
S Holcombe Street Abbot Willard
S Holcombe Street Churchill Abbot
S Holcombe Street Anderson Churchill
S Holcombe Street Oak Olive
S Holcombe Street Pine Oak
S Holcombe Street Willard Pine
lcerose Lane Nightingale Northland
Lake Drive End Willard
W Laurel Street 5th 4th
W Laurel Street William Everett
W Laurel Street Owens William
W Laurel Street Everett 5th
'f#J;~~'"tiii.ijYCb'ort:;:-'2ci;;:-c~;.:;;.;-" Itaiiril~~do~-;;;- c~i:O;.s;b ,
-
Laurie Lane Oakridge Fairmeadows
W Linden Street 4th 3rd
.--
W Linden Street N. 3rd N, 2nd
W Linden Street 5th 4th
Linson Circle Cul-Du-Sac Orleans
W Maple Street 5th 5th
W Maple Street William Everett
W Maple Street Owens William
W Maple Street 5th 4th
W Maple Street Martha 5th
W Maple Street Everett Martha
W Marsh Street 6th 5th
W Marsh Street 5th 4th
W Marsh Street 4th 3rd
S Martha Street Churchill Abbot
.
LENGTH
326
332
343
385
239
270
363
358
361
356
491
338
955
560
362
363
608
--. ".'.".... '.
800
<:,:; :,,/:,:,:'!:J;: :35::5""\'(:
382
367
328
364
367
50
362
664
321
321
356
331
329
323
358
33
24
36
36
18
28
28
28
28
30
30
28
32
22
34
34
34
34
;;~i2'9:'.
29
26
28
26
29
44
44
44
44
44
44
36
35
37
32
WIDTH CURB PATCH ALLIG
SIN 30% 75%
B 30% 90%
C 50% 60%
C 60% 75%
B 20% 40%
B 20% 60%
B 25% 60%
B 25% 45%
B 20% 70%
S 15% 85%
S 20% 100%
N 60% 75%
C 5% 45%
C 20% 50%
SIN 10% 40%
SIN 15% 20%
SIN 30% 40%
SIN 25% 40%
,.j'b 'i'C 35% 40%
C 5% 10%
-.'.'.___u_.. .....__._.__..
SIN 5% 60%
B/C 5% 70%
SIN 5% 30%
C 0% 10%
B/S/N 5% 0%
B/S/N 5% 90%
B/S/N 10% 90%
B/S/N 10% 20%
B/S/N 15% 40%
B/S/N 15% 50%
C 30% 60%
N 30% 80%
N 20% 40%
B 10% 30%
.
<
ALLIGQ EDGE EDGEQ TRANSV RIDE QUALITY OVERALL
MODERATE 60% SEVERE MODERATE ROUGH POOR
SEVERE 75% SEVERE MODERATE SLIGHTLY ROUGH POOR
LIGHT 65% MODERATE MODERATE SLIGHTLY ROUGH FAIR
SEVERE 30% MODERATE MODERATE SLIGHTLY ROUGH POOR
SEVERE 30% MODERATE SEVERE SLIGHTLY ROUGH FAIR
MODERATE 50% LIGHT MODERATE SLIGHTLY ROUGH FAIR
MODERATE 50% MODERATE SEVERE ROUGH WORST
MODERATE 50% MODERATE SEVERE SLIGHTL Y ROUGH WORST
MODERATE 50% MODERATE MODERATE SLIGHTLY ROUGH POOR
SEVERE 80% MODERATE SEVERE ROUGH WORST
SEVERE 80% MODERATE SEVERE ROUGH WORST
MODERATE 75% MODERATE SEVERE ROUGH WORST
LIGHT 10% MODERATE SEVERE DECENT POOR
LIGHT 20% LIGHT MODERATE SLIGHTLY ROUGH FAIR
MODERATE 10% LIGHT MODERATE DECENT GOOD
---- --.....
LIGHT 10% LIGHT MODERATE DECENT GOOD
-_._----......,...~
MODERATE 20% LIGHT MODERATE DECENT FAIR
".. ..-.--....-..---, -'-..
MODERATE 30% MODERATE MODERATE SLIGHTLY ROUGH FAIR
SEVERE 35% LlGHT)i:i1L/GHT SL/GHTLYROVGH ' ,WORST
.1--------- --___ _'____._,___ n. _...Cn...c.. ._....
MODERATE 10% LIGHT LIGHT DECENT WORST
._-_._--....._----~._-- -.-.------
MODERATE 40% MODERATE MODERATE ROUGH FAIR
MODERATE 50% MODERATE SEVERE ROUGH FAIR
MODERATE 50% SEVERE MODERATE SLIGHTLY ROUGH FAIR
0% NONE AVERAGE DECENT FAIR
0% LIGHT SEVERE. SLlGHTL Y ROUGH FAIR
10% LIGHT MODERATE DECENT FAIR
10% LIGHT SEVERE SLIGHTLY ROUGH FAIR
20% LIGHT SEVERE SLIGHTLY ROUGH FAIR
30% MODERATE SEVERE SLIGHTLY ROUGH FAIR
30% MODERATE SEVERE ROUGH POOR
15% LIGHT SEVERE ROUGH POOR
80% SEVERE SEVERE ROUGH WORST
60% SEVERE SEVERE ROUGH POOR
20% LIGHT MODERATE DECENT GOOD
NONE
LIGHT
LIGHT
MODERATE
LIGHT
LIGHT
SEVERE
SEVERE
SEVERE
LIGHT
.
.,
.:
...
or
.
.
.
April 10, 2002
Vince Turnblad
305 Laurie Court
Stillwater, MN 55082
r Hlwater
~ ~~
TH~IRTHPLA~E OF MINNESOTA J
RE: 2002 Street Improvements
Dear Mr. Turnblad
As a follow-up to our meeting on March 20, regarding the exclusion of Laurie Court in
the 2002 Street Improvement Project, we have re-evaluated the condition of Laurie Court.
According to our Pavement Management guidelines, this street has a rating of worst and
warrants an improvement. Therefore, Laurie Court shall be included as part of this year's
project. If no street improvements are done at this time and the streets continue to
deteriorate, a future project would be more expensive resulting in higher assessments to
the property owners. Should you have any questions, please give me a call at 430-8835.
Sincerely,
~li-
Shawn Sanders, PE
Assistant City Engineer
cc: Mayor and City Council
CllY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
· Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director fl/
April 11, 2002
Update Meeting on Sale and Development of Territorial Prison Site
The developer of the Territorial Prison site has requested to be put on the May 7,2002 Council
agenda to present a progress report on site investigation and plan development and to present an
amendment to its agreement with the City.
Work is progressing on site investigation and plan development but, as is usually the case, it is
taking longer than originally proposed.
At the May 7, 2002 Council meeting, a revised site plan and development scheduled will be
presented along with estimated projectcosts and financing.
.
Recommendation: Schedule item for the May 7,2002 Council meeting
.
.
.
.
~'+/ ..L 0/ ~.:::::.
l'lu.orq
lI'l::IC:
.1.'-1.,,),,)
JIML'J'iU=>Uli LMW r 1KI-, "7 1.-1 I I nHLL
RESOLUTION 2002
COMMITTING LOCAL MATCH AND
AUTHORIZING CONTRACT SIGNATURE
BE IT RESOL VED~ that the City of Stillwater act as the legal sponsor for projects(s)
contained in the Contamination Cleanup Grant Programto be submitted April 16, 2002, and that
Community Development Director is hereby authorized to apply to the Department of Trade and
Economic Development for funding of this project on behalf of the City of Stillwater, with
regard to the Territorial Prison site,
BE IT FURTHER RESOLVED, that the City of Stillwater has the legal authority to
apply for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate project administration,
BE IT FURTIIER RESOLVED, that the City of Stillwater has not violated any federal,
state or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or
other unlawful or corrupt practice.
BE IT FURTHER RESOLVED, that upon approval of its application by the State of
Minnesota, the City of Stillwater may enter into an agreement with the State for the above-
referenced project(s), and the City of Stillwater certifies that it will comply with all applicable
laws and regulations as stated in all contract agreements.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development Director is
hereby authorized to execute such agreements as are necessary to implement the project(s) on
bebalf of the applicant.
Adopted by the City Council this 16th day of April, 2002.
Jay 1. Kimble~ Mayor
ATTEST:
Diane F. Ward, City Clerk
LOCATION:651 439 9464
RX TIME 04/16 '02 14:21
, " ''-'" ''-''-''-'1"1 1-.1 I"""" . .,l I'" " .........1. I I I IrlL.-l-
l'iU. 0 ('+
RESOLUTION NO. 2002_
APPROVING THE CONTAMINATION CLEANUP
GRANT APPLICATION
BE IT RESOLVED, that the City of Stillwater has approved the Contamination Cleanup
Grant Application submitted to the Department of Trade and Economic Development on
April 16, 2002, by the City of Stillwater for the Territorial Prison site.
Adopted by the City Council this 16th day of April, 2002,
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
LOCATION:651 439 9464
RX TIME 04/16 '02 14:21
lT~-:l
.
.
.
.
f
.
.
Met110randUlll
To:
Mayor and City Council
Klayton Eckles, City Engineer \L~
From:
Date: April 12, 2002
Subject: Trail Material Comparison For McKusick Ravine
DISCUSSION
At Council's request, staffhas requested Bonestroo to develop an extensive analysis of many
options available for construction of a trail for your review.
RECOMMENDATION
.
The design of the trail and the park enhancements for the ravine were all based on the idea that we
create significant passive natural park improvements and provide public access. Council should
decide ifthis is still an accurate vision. If the objective is to go in a direction that leaves the ravine
park area as more of a neighborhood or inactive park, Council may wish to reassess the level of
park enhancements, as well as the trail design.
ACTION REQUIRED
Council should determine the type of public access for this park area and provide input on trail
design. Council should also provide direction on the vision for this park area.
.
/,
"
a Bonestroo
_ _ Rosene
~ Anderlil< &
. \J 1 Associates
Bonestroo, Rosene. Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
and Employee Owned
Principals: Otto G. Bonestroo, F'E. . Marvin L Sorvala, F'E. . Glenn R. Cook. F'E. . Robert G. Schunicht F'E .
Jerry A. Bourdon. PE
Senior Consultants: Robert W. Rosene, F'E. . Joseph C Anderlik. F'E. . Richard E. Turner, F'E. . Susan M. Eberlin, CPA.
Associate Principals: Keith A. Gordon, F'E . Robert R_ Pfefferle, F'E. . Richard W. Foster. F'E. . David 0. Loskota. F'E. .
Mark A. Hanson, P.E. . Michael T. Rautmann, F'E . Ted K. Field, PE . Kenneth P Anderson, PE . Mark R. Rolfs, PE. .
David A. Bonestroo. M.BA . Sidney F' Williamson, F'E.. LS. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt F'E. .
Thomas W. Peterson. F'E . James R. Maland. PE . Miles B. Jensen, F'E . L Phillip Gravel III, PE. . Daniel J. Edgerton, F'E. .
Ismael Martinez, F'E. . Thomas A. Syfko, F'E. . Sheldon J. Johnson. Dale A. Grove, F'E. . Thomas A. Roushar, F'E. .
Robert J. Devery. PE
Offices: S1. Paul. S1. Cloud. Rochester and Willmar. MN . Milwaukee, WI . Chicago. IL
.
Engineers & Architects
Website: www.bonestroQ.com
Date:
To:
April 9, 2002
Stillwater City Council Members
Klayton Eckles, City Engineer
Sherri Buss, M.L.A., Bonestroo & Associates
Trail Material Comparisons
From:
Subject:
Attached are summary materials you requested that compare a variety of materials that might be
used for the trail to be built in the McKusick Ravine. The summary compares the materials based
on a variety of criteria: cost, estimated life, maintenance, user needs, etc.
Eight trail materials are compared in this summary. A few other materials are available for trails,
such as pavers, cobblestones, timber planks, and other specialty materials. These were not
included in the analysis due to very high cost or inability of these materials to carry heavy
maintenance vehicles.
,
Trail Surface Comparison Table
Each column in the table is a relative comparison of the eight trail materials for that criteria. (For
example, in the relative cost column, concrete and cellular gravel are similar in cost, and the most
expensive materials among the eight listed; dirt and woodchips are the least expensive among the
materials on the table.)
More detail on each of the ratings shown on the table is provided in the attached text. The
"aesthetics" column is not completed, since there is not an objective basis for assigning ratings.
Aesthetic issues are identified in the attached text.
Information Sources
We used as much "objective" information as possible to create this summary, and consulted with
multiple sources. Information was obtained through Web site and library research, and
discussions with a variety ofnon-Bonestroo professionals, Sources included publications of trails
advocacy groups (American Trails, for example), materials prepared for landscape architects and
trail managers that compare trail materials and construction methods, information from vendor's
representatives, and discussions with city and county staff who have used these materials in
Minnesota. Cost data is based on current year project bids, or vendors' estimates.
We hope this information will be helpful to you as you consider trail materials for this project.
Please call me at (651) 604-4758 if you have questions about this information.
2335 West Highway 36 . St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311
r
---
.----- _.------~_..--- - - -----------.------------
. Environmental Issues
o Impervious surface
. Aesthetics
o May be viewed as a road or "unnatural"
o Can be colored to blend with surroundings
. User Issues
o Smooth surface is accessible for all users
.
3. Gravel/Crushed rock
. Cost
o Relatively low--about $6 per square yard
. Estimated Life
o Not recommended for areas with erosive flows (such as steep
slopes )-use would result in frequent washouts and erosion.
Typically not recommended for slopes greater than 5 percent.
. Load-bearing
o Can handle heavy loads required for most maintenance equipment
if sufficiently deep and compacted, but heavy loads may cause
ruts, especially if saturated.
o High moisture soils require special preparation, such as use of
geotextile or tiling system (adds significantly to cost)
. All-weather performance
o Can be plowed.
. Maintenance issues t/
o Needs annual spring maintenance to add material, especially on
slopes or other eroded areas.
o May have difficulty matching color when need to patch in future
. Environmental Issues
o Compacted gravel has same degree of imperviousness as concrete
or asphalt
o Contributes more sediment and phosphorus runoff to water bodies
than asphalt or concrete
. Aesthetics
o Available in a variety of rock colors to blend with surroundings
o May be viewed as "natural" in comparison to concrete & asphalt
. User Issues
o Uneven surface may cause difficulty for physically-challenged,
road bikes, and strollers. Does not fulfill requirements for fully-
accessible trail-stabilizing agents may make trail smoother and
harder (see #5 below)
4.
Reinforced Gravel
(cellular systems)
These trail materials consist of a cellular grid (plastic or concrete) that is filled
with sandy soil and planted with turf grass. The grid is installed over a sub- /
base of aggregate similar to the sub-base installation required for asphalt.
2
-
.
Installation process is as follows: Sub-base is installed and compacted at
similar depth to sub-base required for asphalt. A fertilizer/polymer substance
is spread over the subbase with a broadcast spreader to assist plant growth.
Plastic (or other) cells are then rolled into place or placed like pavers (depends
on manufacturer) and back-filled with sand. Then the cellular area is seeded
or sodded with a turf lawn seed mix (Kentucky blue grass/fescue mix is
typical).
.
. Cost
o Relatively high cost. Manufacturer says cost of materials is 10-15
percent higher than concrete. Installation cost is also higher than
asphalt or concrete; and varies with location and specific site
characteristics
. Estimated Life
o Manufacturer indicates that the "organic wearing surface can take
limited traffic without dying or becoming stressed (i.e. one or two
vehicles per day).
o Similar life to bituminous (20 year) if sub-base is deep enough and
compacted adequately.
. Load-bearing
o With sufficient aggregate subbase, manufacturer says that load-
bearing capacity is similar to asphalt or gravel. However,
installation in our region on heavy, damp soils warped from large
equipment (20,000 lb.).
· All-weather performance
o Grass would be damaged by plowing. If cellular grid becomes
uneven it is also difficult to plow. Trail would not be plowed in
winter.
· Maintenance issues
o To maintain grass, the area must be irrigated and fertilized as a
lawn.
o May be difficult to start and maintain the grass in a shady situation,
such as the ravine.
o Sand and gravel can work its way out of the plastic ring material.
Manufacturer recommends that maintenance be done once or twice
per year by brooming the sand or gravel back in place or adding a
small amount of stone.
. Environmental issues
o Recommended grasses are exotic turf grasses, which may not be
compatible with woodland restoration. Woodland groundcovers
cannot replace as they will not form a "turf'.
o Permeable surface is a plus
. Aesthetics
o Without adequate light to support turf grass, grass will be sparse
and plastic cells and sand may be visible.
.
o
3
"
. User issues
o Plastic cells and grass will not make a smooth, accessible surface .
for all potential users
5. Gravel with stabilizers
A variety of soil stabilizers are available. Lake of the Woods County has used a
stabilizer on some gravel roads to increase stability (where they did not have the
funds to use asphalt), and City of Stillwater has also used in some areas. This
product has also been used in some parks and golf courses. Lake ofthe Woods
County Engineer reports that performance is similar to gravel, but feels more
stable for large vehicles. (They have a 12" gravel base with a stabilizer product,
and added a geotextile in wet areas.) Relatively easy to apply, but requires special
spraying equipment on trucks-it is applied along with the water used when
compacting the subbase.
Cost
o Same cost as gravel/aggregate plus $.06/sq.ft.for sealant=$7 per square
yard total cost estimated for aggregate plus sealer
· Estimated Life
o Similar to gravel. Add material and smooth each spring in areas that
are rutted or eroded.
· Load-bearing
o Somewhat higher than gravel, butnot as heavy as asphalt. Lake of the
Woods County restricts truck traffic on these roads in winter.
Manufacturer says it would handle the equipment loads needed for the
maintenance vehicles in the ravine.
· All-weather performance
o Can be plowed.
· Maintenance issues
o Lake ofthe Woods County indicated that it is subject to same frost
heaving, potholes, etc., as gravel road, and needs annual maintenance.
o Surface requires stabilizer or calcium chloride treatment 1-2 times per.
year to keep surface smooth and keep dust down.
· Environmental issues
o Gravel with stabilizer would have same water quality issues as gravel
roads-sediment and nutrient runoff to creek
. Aesthetics
o May be judged more "natural" in appearance than asphalt or concrete
. User issues
o Stabilizer can also be added as a sealant to smooth the surface of
gravel roads, so they are accessible to most users.
.
.
4
.
6. Gravel with sealant
Variety of sealants can be used. Some are same material as stabilizers (see #5),
and provide some additional strength to the gravel trail. Others include calcium
chloride (can be slick when wet), lignin compounds and enzyme compounds
(biodegradable), and lime. Generally need to be reapplied every I...Jyears to
maintain surface. These products are applied with multiple passes of a water
truck-the process is similar to gravel stabilizers, but these are applied on top of
trail surface, and require a water truck with special spray equipment.
.
. Cost
o Same as gravel stabilizers-around $7.00 per square yard total for
gravel plus sealant. Some types are cheaper by the square foot, but
need to be applied more often, so the cost overall is similar.
. Estimated Life
o Total roadway life is similar to gravel. Sealant must be applied every
1-3 years, depending on type used, weather conditions, and amount of
use.
. Load bearing
o Similar to gravel road. Use of sealant product (enzyme or polymer
types) as stabilizer may increase soil strength and load capacity. Can
carry heavy maintenance equipment, but may cause ruts when soils are
Wet or saturated.
. All-weather performance
o Can be plowed
. Maintenance issues
o Must be reapplied every 1-3 years, depending on type used. Requires
special spray equipment on water trucks to apply the stabilizer.
. Environmental issues
o . Some sealants have significant environmental problems: Sulfuric acid
is toxic and flammable; lime and soil cement are dusty, contribute
sediment to runoff, and can be harmful to vegetation.
o Lignin products and enzyme products are biodegradable and more
expensive than polymer types-and must be applied annually in
Minnesota (since they are biodegradable, they degrade faster than
polymer types).
o Polymer types have no known environmental problems (can be used to
seal the bottom of ponds, for example), but cannot claim to be
biodegradable.
. Aesthetics
o Lignin, enzyme and polymer types may be associated with more
"natural" appearance of gravel.
. User issues
o Sealants can help surface to be smoother and more solid, and improves
accessibility of gravel surface.
.
5
j",,>
....~..
.
7. Wood chips
· Cost
o $4/square yard, wood chips only
o Adds considerable cost if need an.edging (2"x6" redwood or treated
lumber)
· Estimated life - additional wood chips need to be applied at least annually
· Load bearing - would not carry heavy maintenance vehicles
· All-weather performance
o Could not be plowed
· Maintenance issues
o Frequent reapplication of wood chips. Would wash away with
rainstorms and decompose.
· Environmental issues
o W oodchips would wash into creek
o Decomposition adds mulch to woodland, but in high quantities can
affect plant growth
. Aesthetics
o Natural appearance, but less attractive if wash into woodland and
creek
· User issues
o Does not create a surface that is accessible for all users
.
8. Grass/Dirt
. Cost
o Inexpensive
· Estimated Life
o Heavy traffic will limit lifespan
· Load-bearing
o Large maintenance vehicles will create ruts and may get stuck in wet
conditions
· All-weather performance
o Cannot be plowed
· Maintenance issues
o Will require regarding, filling and replanting ifheavy equipment is
used
· Environmental issues
o Surface erosion will carry sediments and nutrients to creek
. Aesthetics
o Natural appearance
· User issues
o Does not meet accessibility standards for all trail users
.
.
6
./
.
.
.
408 N. Third St., #203
Stillwater, MN 55082
April 15, 2002
Mayor and Council
City of Stillwater, Minnesota
Subject: McKusick Ravine
1 had considered having this commentary published in letter form in our three local media, but
decided it was more important to make sure that those on the podium Tuesday, April 16th, should
read it just prior to their meeting,
The April 16 decision basically is on:
1) Giving a few selfish families the opportunity to exclusively enjoy the VERY EXPENSIVE
MvfENITIES, including a gravel/crushed-rock path overgrown with exotic grasses
that all 16,000 residents of our city will be paying for, BUT will not be able to readily
access due to that type of a path;
OR
2) Constructing an eight-foot asphalt driveway/pathway for municipal vehicles/pedestrians
from all walks of life and all comers of the city. Just remember what you put in place for
paths around McKusick Lake, and what was demanded on Long Lake. You don't need
special shoes and sprayed trousers on those paths.
Those few families on the rim ofMcKusick ravine will see their homes' values rise with each
of the proposed amenities. Why give the c.P.R. (Committee to Erivatize McKusick Ravine)
additionally the sole benefit of its $$$ enhancements by making it difficult to walk on the path
without special shoes and sprayed trousers, plus watching each foot placement, not the scenery,
and thus DETER visitors?
An asphalt path will only need a portable leaf-blower to quickly clear the wet and dry leaves
as well as other debris. And even fluffy snow!
A former aspiring politician, Nancy Purcell, in her March 5, 2002 Letter to the Editor, states,
"The ravine clean-up is, has been, and will continue to be a neighborhood effort for the benefit of
the ENTIRE CITY." That is good of them; they should clean up their own trash; as-they
, surround nearly all of the ravine, and their children play there. However, her NEXT sentence
tells it ALL, "I urge the City Council to decide in favor or a LOW IMPACT means of
ACCESS." What kind of GATE <loes she desire? Or an unwelcome path?
During the recent hearings on the ravine, two individuals voiced their opinion that they would
not object to the "fines" of gravel and crushed-rock getting into the stream. One of them stated
he "would rather have a murky creek than an asphalt path." That plainly states they want a very
deterrent path, more than they would like a clear babbling brook.
April 15, 2002
Page 2
.
That being said, the city could SAVE all 16,000 residents probably $200,000 by putting
<<Genie" (the creek) 100% back in the bottle (the 3-foot tube), and also pass up removing dead
trees and unwanted species of trees, and the planting of replacement trees, Just BURY ALL of
the CREEK in the three-foot pipe, and install a gravel or crushed rock path, and make 15,900
residents happy when they get their tax statements.
Has the City Council checked out an extremely important aspect of the effect of these various
expensive ravine amenities?? What do each of the following entities have to say about an
artificially induced creek jetting its murky water, coming from a new gravel/or/crushed-rock path
constructed on a slope; into the National Scenic St. Croix River, from a pipe at the new
Round-About at Lowell Park???
· National Park Service
· Brown's Creek Authority
· Minnesota D.N.R.
· Wisconsin D.N.R.
· Isaac Walton League
Thank you,
.
.iJ~~~
Duane Seaquist
Lyme Disease.
The best protection is prevention. Wear long pants and sleeves when
in wooded areas or tall grass;'use insect repellant; and check your-
self, children and pets often and carefully, especially May through
July. Remove attached ticks immediately, and call your doctor about
symptoms to watch for, such as a bull's eye rash, fever, chills,
headache and muscle or joint pain.
.
"~,W~' IlII ollenaeu
,. . c Of 7$ years! .
Your paper has little to offer,
; t miss the "down to Earth"
_ oomments by your former
; guest columnist Bob Utecht -
4,UUU tamIly Units - Catholic
- in this area?
B. Trudeau,
Stillwater
,A ravine is a ravine
· is II ravine
A ravine is a ravine
and not a park
It is, by nature,
, cool and dark,
the tree's 'canopy
high overhead,
And far below
, - the old creek bed.
And far below,
-the city's din
'Earth and moss,
and rusted tin.
A ravine is a ravine
and not a park,
It is, by, nature,
cool and dark.
Bill Scheel,
Stillwater
'A bridge agnostic? Read
my caustic acrostic
Mr. Tinklenberg:
South
Alignment
Very
. Erred
Maybe
north
, Direction
On
Track
$100,000,000,
lbink!
..
f Da
North
Route
John Roettger
(a.k.a. R.E. Tegr),
"North Xrossing Director,"
Stillwater
Asphalt road a poor choice for McKusick Ravine
The following are some rea-
sons why it would be a poor
, choice for the city of Stillwater
to build an asphalt trail or road
in the narrow and wooded
MtKusick Ravine;
- Tree roots will lift and crack
the inflexible asphalt surface
and will significantly shorten its
life expectancy.
- Spot repairs will be more
frequent and difficult to do.
- Asphalt requires periodic
sweeping to keep it hazard-free.
i-Asphalt is, artificial and is
v~sually very intrusive in this
natural ravine,
- Asphalt is an impermeable
surface; speedy run-off will cre-
ate e(osion channels on the sides
of the trail and at the bottom of
each down-slope.
- Asphalt will create slip-
pery conditions for users, espe-
.cially on the slopes in the fall
,because of wet leaves. In
spring. snow and ice will melt
-more slowly in the. sha~ed
ravine.
- Asphalt will increase the
speed of all-wheeled recreation
equipment\ such as bicycles,
scooters and skateboards -' on
Angela
Anderson
Guest
Columnist
slopes and will make the trail
less safe for all users.
- Asphalt installation is
three .' times as expensive' as
limestone or a surface seeded
with native grasses.
- A properly designed lime-
stone surface will have, indefi- ,
nite life expectancy with mini-
mum maintenance; such as top
dressing, dragging and packing
every 2-3' years.
Limestone is a natural mate-
rial and much less intrusive in
the ravine environment. In the
shady ravine, at least 20-percent
of rainfall will also be able to
infiltrate rather than run-off,
"Properly designed" means
to build rolling grade dips at
71ft; 1'UVCML.5 SA7lJ/?PAY.
I /(/A9JlJ9T~N3
Iaf/MANYtUe~
PKXW BeA77l!iVP/Nt3...
~
~
~ ~
7!? -
~
~._.......
regular intervals on all slopes to
divert rainwater run-off into
. vegetated areas and apply a cel-
lular confinement system on
slopes as well to further stabi-
lize the Iimesto1W surface later-
ally,
Both methOdS'together would
virtually eliminate downslope
erosion and with it silt accumu-
lation into the artificial stream, a
concern that was expressed by
city staff,
In addition, the shaded ravine
will keep limestone moist and in
place. A well-installed lime-
stone surface would adequately
, support maintenance vehicles.
City officials correctly claim
that conventional turf will not
grow in the shady ravine.
However, there are several
native grasses - such as silky
wild rye, nodding fescue and
bottlebrush grass and sedges
that are commercially .available
and would grow in the ravine -
especially in those areas where
the trail gets limited foot tr8mc
and is 1J0t. needed as mainte-
nance road.
This may be applicable on
the trail coming up to Everett
Street from the west. Obviously,
this would be the least intrusive
surface and the best restorative
solution for the ravine.
. .. .
Angela Anderson is a land-
scape architect and a trail
planner for DNR Trails and
Waterways. She lives on
Stillwater's North Hill. .
(!gale-tte
Serving The St, Croix Valley Since 1810
'I
Publication Number: USPS552-080
Managing Editor Mark Brouwer
Published Monday through Friday except holidays by
Stillwater Gazette, Inc.,1931 Curve Crest Blvd., StillWater, MN 55082
Circulation Manager Mark Berriman
Production Manager Seanne Hagemeyer
PhQnes Circulation-BusinesS Office: (651) 439-3130
Classified: (651) 439-6620 News: (651) 439c3130
Customer Service ~ open 8 a.m,-5 p.m. weekdays.
Subscription Rates ~ths): Carrier: $30; Senior Citizen Carrier:
q:"", ~n. lA"iLln,..",I. ct'lA en. C"....._:_.. ~:..:___ a ._:._ ""1'\.0 ro^
~
,
.,
.
.
.
Extract of Minutes of a Meeting of the
City Council of the
City of Stillwater, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the. 16th
day of April, 2002, at _ P.M.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its
adoption:
RESOLUTION APPROVING A HOUSING PROGRAM AND
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION WITH THE ISSUANCE OF TAXABLE AND TAX EXEMPT
V ARIABLE RATE MUL TIF AMIL Y HOUSING REVENUE BONDS
(CURVE CREST VILLA PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by
member
and upon vote being taken thereon the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
1396928vl
~
\
RESOLUTION APPROVING A HOUSING PROGRAM AND
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION WITH THE ISSUANCE OF TAXABLE AND TAX EXEMPT
VARIABLE RATE MUL TIF AMIL Y HOUSING REVENUE BONDS
(CURVE CREST VILLA PROJECT)
.
WHEREAS, the City of Stillwater (the "City") has received a proposal from Curve Crest
Villa Limited Partnership, a Minnesota limited partnership (the "Borrower"), that the City issue
its revenue bonds in the aggregate principal amount of up to $8,500,000 to finance. the
acquisition, construction and equipping of a low and moderate income 90-unit multifamily
housing development to be located inthe City (the "Project"); and
WHEREAS, pursuant to Minnesota Statutes, Section 462C.Ol and 462C.03, the City has
prepared a housing program (the "Housing Program") in connection with the Project; and
WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, subd. 2, the
Housing Program has been submitted to the Metropolitan Council for review; and
WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, subd. 2, the City
has held a public hearing on the Housing Plan and Housing Program and the issuance of revenue
bonds of the City to finance the Project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, .
Minnesota, as follows:
1.
the City.
The Housing Program is hereby approved in substantially the form on file with
2. The Borrower has proposed that the City issue up to $4,645,000 Variable Rate
Demand Multifamily Housing Revenue Bonds (Curve Crest Villa Project), Series 2002A (the
"Series A Bonds") and up to $3,855,000 Taxable Variable Rate Demand Multifamily Housing
Revenue Bonds (Curve Crest Villa Project), Series 2002B (the "Series B Bonds," and together
with the Series A Bonds, the "Bonds") to finance the costs of the acquisition, construction and
equipping of the Project pursuant to an Indenture of Trust dated as of May 1, 2002, (the
"Indenture"), executed by the City and LaSalle Bank National Association, in Chicago, Illinois
(the "Trustee") at the interest rate or rates as set forth in the Indenture.
3. The Bonds will be purchased from the City in accordance with a Bond Purchase
Agreement (the "Bond Purchase Agreement") among the City, the Borrower and Dougherty &
Company LLC (the "Underwriter"). The Bonds will be offered to the public by the Underwriter
pursuant to a Official Statement (the "Official Statement"). The payment of the principal,
purchase price of, and interest on the Bonds is secured by an irrevocable letter of credit issued by
LaSalle Bank National Association in Chicago, Illinois (the "Bank") (the "Irrevocable Letter of
Credit") pursuant to a Letter of Credit and Reimbursement Agreement between the Bank and the
Borrower (the "Reimbursement Agreement").
.
1396928vI
1
,
I
.
.
.
4. Pursuant to the terms of a proposed Loan Agreement dated as of May 1, 2002
between the City and the Borrower (the "Loan Agreement"), the City will loan the proceeds of
the Bonds to the Borrower to finance the Project. The Borrower has agreed, pursuant to a
Regulatory Agreement dated as of May 1, 2002, by and among the City, the Borrower and the
Trustee (the "Regulatory Agreement") to operate the Project as a "residential rental project"
under Section 142(d) of the Code.
5. The Bonds will be issued in two series, one of which will initially be issued as
taxable obligations (the "Taxable Bonds") all or a portion of which may be converted to tax
exempt obligations under the terms and conditions set forth in the Indenture and Loan
Agreement. The City hereby approves to the reissuance of up to $3,855,000 of the Taxable
Bonds as tax exempt obligations upon the conditions set forth in the Indenture at an interest rate
not to exceed the rate on the Series A Bonds (the "Additional Tax Exempt Bonds"). The
Additional Tax Exempt Bonds will be placed for sale by the Underwriter. The Mayor and
Administrator are authorized and directed to prepare and execute the Additional Tax Exempt
Bonds and such execution will constitute acceptance by the City of the terms and purchase of the
Additional Tax Exempt Bonds. If and when the conditions set forth in the Indenture have been
satisfied (including without limitation, the requirement that the City receive an allocation of
federal tax exempt bonding authority for the Additional Tax Exempt Bonds), the Mayor and
Administrator are authorized and directed to prepare and execute the Additional Tax Exempt
Bonds and to deliver them to the Trustee for authentication and delivery to the Underwriter who
will deliver them to the original purchaser.
6. The staff of the City is hereby directed, at the request of the Borrower, to apply
for an allocation of tax exempt issuance authority for the Additional Tax Exempt Bonds.
7. Forms of the following documents have been submitted to the City Council:
(a) The Loan Agreement;
(b) The Indenture;
(c) The Regulatory Agreement; and
(d) The Bond Purchase Agreement.
The foregoing documents are hereafter referred to as the "Bond Documents."
8. It is hereby found, determined and declared that:
(a) the issuance and sale of the Bonds, the execution and delivery by the City of the
Bond Documents and the performance of all covenants and agreements of the City contained in
the Bond Documents and of all other acts and things required under the constitution and laws of
the State of Minnesota to make the Bond Documents and the Bonds valid and binding
obligations of the City in accordance with their terms, are authorized by the Act;
(b)
Indenture;
it is desirable that the Bonds be issued by the City upon the terms set forth in the
1396928vl
2
'10.
,
(c) the basic payments under the Loan Agreement are fixed to produce revenue .
sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the
Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide
that the Borrower is required to pay all expenses of the operation and maintenance of the Project,
including, but without limitation, adequate insurance thereon and insurance against all liability
for injury to persons. or property arising from the operation thereof, and all taxes and special
assessments levied upon or with respect to the Project premises and payable during the term of
the Loan Agreement and Indenture;
(d) under the provisions of Minnesota Statutes, Chapter 462C and as provided in the
Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds
other than the revenue pledged to the payment thereof; the City is not subject to any liability
thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of
its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce
payment thereof against any property of the City except the interests of the City in the Loan
Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not
constitute a charge, lien, or encumbrance, legal or equitable upon any property of the City except
the interests of the City in the Loan Agreement which have been assigned to the Trustee under
the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the
part of the state or its political subdivisions, and that the Bonds, including interest thereon, are
payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not
constitute a debt of the City within the meaning of any constitutional or statutory limitation.
9. The forms of the Bond Documents and exhibits thereto are approved substantially
in the form submitted. The Bond Documents, in substantially the forms submitted, are directed
to be executed in the name on behalf of the City by the Mayor and the City Administrator. Any
other documents and certificates necessary to the transactions described above shall be executed
by the appropriate City officers. Copies of all of the documents necessary to the transactions
herein described shall be delivered, filed and recorded as provided herein and in Bond
Documents.
.
10. The City shall proceed forthwith to issue the Bonds, in the form and upon the
terms set forth in the Indenture. The Bonds will be purchased on substantially the terms set forth
in the Bond Purchase Agreement and the Indenture which have been submitted to the City in
connection with this Resolution. The Mayor and City Administrator are authorized and directed
to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the
Trustee for authentication and delivery to the original Underwriters.
11. Mayor and City Administrator and other officers of the City are authorized and
directed to prepare and furnish to the Underwriter certified copies of all proceedings and records
of the City relating to the Bonds, and such other affidavits and certificates as may be required to
show the facts relating to the legality of the bonds as such facts appear from the books and
records in the officers' custody and control or as otherwise known to them; and all such certified
copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements contained herein.
.
1396928vl
3
I
.
.
.
12. The City hereby ratifies, confirms and consents to the use of the Official
Statement in connection with the sale of the Bonds. The City has not prepared nor made any
independent investigation of the information contained in the Official Statement other than the
section therein captioned "The Issuer," and the City takes no responsibility for such information.
13. The approval hereby given to the various documents referred to above includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City Attorney and the City officials authorized herein to execute
said documents prior to their execution; and said City officials are hereby authorized to approve
said changes on behalf of the City. The execution of any instrument by the appropriate official
or officials herein authorized shall be conclusive evidence of the approval of such documents in
accordance with the terms hereof.
14. The approval hereby given to the Bond Documents and the various other
documents referred to in paragraph 6 above includes approval of (a) such additional details
therein as may be necessary and appropriate and such modifications thereof, deletions therefrom
and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the
City Attorney and the City officials authorized herein to execute said documents prior to their
execution and (b) such additional documents, agreements or certificates as may be necessary and
appropriate in connection with the Bond Documents, with the issuance and sale of the Bonds or
with the conversion of the Taxable Bonds into Additional Tax Exempt Bonds and as are
approved by Bond Counsel, the City Attorney and City officials authorized herein to execute
said documents prior to their execution; and said City Attorney and City officials are hereby
authorized to approve said changes or additional documents, agreements or certificates on behalf
of the City. The execution of any instrument by the appropriate officer or officers of the City
herein authorized shall be conclusive evidence of the approval of such documents in accordance
with the terms thereof and hereof. In the absence (or inability) of the Mayor or City
Administrator, any of the documents authorized by this resolution to be executed by them may
be executed by the Acting Mayor or the Acting City Administrator, respectively.
Passed: April 16, 2002.
Mayor
Attest
City Clerk
1396928vl
4
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILL WATER
I, the undersigned, being the duly qualified and City Clerk of the City Council of
the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached
and foregoing extract of minutes with the original thereof on file in my office, and that the same
is a full, true and complete transcript of the minutes of a meeting of the City Council of said City
duly called and held on the date therein indicated, insofar as such minutes relate to the
authorization of the issuance of up to $8,500,000 Variable Rate Demand Multifamily Housing
Revenue Bonds (Curve Crest Villa Project).
WITNESS my hand this day of
, 2002.
City Clerk
1396928vl
\
.
.
.
c '
.
Second Draft
April 4, 2002
CONTRACT
FOR
PRIVATE DEVELOPMENT
BETWEEN
THE CITY OF STILLWATER, MINNESOTA
.
AND
CURVE CREST VILLA LIMITED PARTNERSHIP
This document was drafted by:
David T. Magnuson
Magnuson Law Firm
333 North Main Street, Suite 202
P.O. Box 438
Stillwater, MN 55082
. 651/439-9464
"
TABLE OF CONTENTS
.
ARTICLE 1""."...., ....,..".,." ........."........,.. ...,......""., ...... ........, ........ ..... ................ ,...,...,...., ,......... ..,..., '........... ... 2
Section 1.1. Definitions... ..... ................. .'. .... ......., ... ..... ,....,....,..., .........,....., ,.........,............... ...... 2
ARTICLE 2..... ....... .........,'... .........,...,..", ...., ..........,..,...,....... ..,...., ,... ........,.. ....., .... ,....." ..,..."......'...,.... ............... 3
Section 2.1. Representations by the City. ................................................................................... 3
Section 2.2. Representations and Warranties by the Developer. ................................................ 4
ARTICLE 3,.. ..........,... ,. ........".... ...... ,...........".. ...., ,.......... '.... ....., ..."", ........,..... ...., .........., ,.....,... ...., .., ......"., ,... '. 5
Section 3.1. Conveyance of Development Property. .................................................................. 5
Section 3.2. Time of Conveyance. ...... ............. .... ................. .... ....... ....... .... ..... .... ........... ............ 5
Section 3.3. Consideration. ....... .... ... ......... ............................. ......... ............ .... ..... .... .............. ..... 5
Section 3.4. Directly Related Impact Costs. ............................................................................... 5
Section 3.5. Title......................................................................................................................... 5
Section 3.6. Additional Conditions Precedent to City Actions................................................... 6
Section 3.7. Limitation on City Financial Obligations. .............................................................. 6
Section 3.8. City Action Promised Prior to Conveyance............................................:............... 6
Section 3.9. The City's Promises and Covenants that will Survive the Closing. ....................... 6
Section 3.10. Developers' Covenants that will Survive the Conveyance................................... 6
ARTICLE 4.................. ...................................,........................... ...............,........,..,.,.................,... ....,.,...,....,..,... 7
Section 4.1. Construction of Minimum Improvements. ............................................................. 7
Section 4.2. Construction Plans, Changes. ................................................................................, 7 .
Section 4.3. Commencement and Completion of Construction.................................................. 8
Section 4.4. Certificate of Completion. ........................................ ..... .... ..... ........ ....... ................, 8
Section 4.5. Indemnity. ............................................................................................................... 8
Section 4.6. Tax Increment Payments. ..... .......................................... ......... ................................ 9
Section 4.7. Tax Increment Revenue Bonds. ..............................................................................9
ARTICLE 5...............................,.......,................................,.......,.................. ..................,..................,....,.... ......., 9
Section 5.1. Insurance............. ........ ............. ....................... ........................................:............... 9
ARTICLE 6.,..............................................................., ...... ............................................................,..,....'.,'........ 12
Section 6.1. Real Property Taxes. ....... ......... .......... ......... ............ ........ ........ ...... ....... ................. 12
ARTICLE 7...........,... ..................,..,...,.....,.............,................................,......,....................................."............ 12
Section 7 .1. Financing................. ............................... ............. .......... ........................................ 12
Section 7.2. Limitation Upon Encumbrance of Property.......................................................... 12
ARTICLE 8................... .... ........ ................,.................,.................,.....".,........".... ..............................."............ 12
Section 8.1. Representation as to Development............................................... .... ..................... 12
ARTICLE 9........,....................................... ............................... ............ .....................,....................................... 13
Section 9.1. Events of Default Defined. ................. .......................... ......................., ................ 13
Section 9.2. Remedies on Default. ................................................................ ........... ................. 14
Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. .........,................ 14
Section 9.4. No Remedy Exclusive. ..~.... ........................................ ............... ..................... ....... 14
Section 9.5. No Additional Waiver Implied by One Waiver.................................................... 15
.
(i)
.
ARTICLE 10" ......., .............., ...... ......,....... ,... .....,.., .....,.. ............" ............ ,. ,., ..... ......., .....,..... ......,. .... ,..... ........,.. 15
Section 10.1. Conflict ofInterests; City Representatives Not Individually Liable. ........,....,... 15
Section 10.2. Equal Employment Opportunity. ........................................................................ 15
Section 10.3, Provisions Merged With Deed. ........................................................................... 15
Section 10.4. Titles of Articles and Sections. ........................................................................... 15
Section 10.5. Notices and Demands. ........................................................................................ 15
Section 10.6. Counterparts...........................,............................ ................................................ 15
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
Description of Redevelopment Property
Development Deed
Assessment Agreement and Assessor's Certification
Release of Forfeiture
Certificate of Completion
Tax Increment Note
.
.
(ii)
CONTRACT FOR PRIVATE DEVELOPMENT
.
THIS AGREEMENT, effective the _ day of April, 2002, between THE CITY OF
STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its
principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and CURVE CREST
VILLA (the "Developer"), a Minnesota limited partnership.
WITNESSETH:
WHEREAS, the City is a home rule charter city organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes,
Section 469.124-469.134, as amended, the Council is authorized to establish development
districts in order to provide for the development of the City; and
WHEREAS, the Council of the City has established a development program (the
"Program") pursuant to the Municipal Development Districts Act; and has established a
development district (the "Development District") pursuant to the Municipal Development
Districts Act; and has established Tax Increment Financing District No.9 (the "Financing
District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes ..
of the State of Minnesota; and
WHEREAS, the major objectives of the Council in establishing the Development District
are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of
blight and deterioration; eliminate unsafe structures and conditions; provide land for needed
public parking, utilities, and facilities; remove incompatible land uses, to provide affordable
housing opportunities for persons of low or moderate incomes, eliminate obsolete or detrimental
uses; and assemble land for development; and
WHEREAS, in order to achieve the objectives of the Program and Plan the City has
acquired certain real property located in the District (the real property is more particularly
described in Schedule A to this Agreement), and has determined to convey the real property to
the Developer on the condition that the Developer construct the Minimum Improvements
thereon; and
WHEREAS, the City believes that the development of the Development District pursuant
to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and
best interests of the City and the health, safety, and welfare of its residents, and in accord with
the public purposes and provisions of applicable federal, state and local laws under which the
Program is being undertaken, and;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows: .
.
.
.
ARTICLE 1
DEFINITIONS
Section 1.1.
the context:
Definitions. In this Agreement, unless a different meaning clearly appears from
1.1.1. "Act" means the Municipal Development Districts Act, Minnesota Statutes,
Section 469,124 et seq., as amended,
1.1,2. "Agreement" means this Agreement, as the same may be from time to time
modified, amended, or supplemented.
1.1.2,1. "Assessment Agreement" means an agreement made pursuant to
Minn. Stat. S469 .177, Subd. 8, a copy of which is attached as Schedule "C".
1.1.3. "Available Tax Increments" means those tax increments received in the six
months prior to the Scheduled Payment Date with respect to the Development Property, less
administrative expenses as defined in Minn. Stat. S469 .174, Subd. 14. '
1.1.4. "Certificate of Completion" means the certification, in the form of the
certificate contained in Schedule D attached to and made a part of this Agreement, provided to
the Developer, pursuant to Section 4.4 of this Agreement.
1.1.5. "City" means the City of Stillwater, Minnesota.
1.1.6. "Construction Plans" means the plans, specifications, drawings and related
documents for the construction work to. be performed by the Developer on the Development
Property which (a) are the plans, specifications, drawings and related documents which are
submitted to the building inspector of the City, and (b) must include at least the following: (1) site
plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and
landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may
reasonably request.
1.1.7. "County" means the County of Washington, Minnesota.
1.1.8. "Development District" means Municipal Development District No. 1 created
by the City.
1.1.9. "Event of Default" means an action by the Developer described in Section 9.1
of this Agreement.
1.1.10. "Financing District" means Tax Increment Financing District Number 9, within
Development District No.1.
1.1.11. "Holder" means the grantee under any Mortgage.
1.1.12. "Housing Parcel" means the property to be conveyed to the Developer pursuant
to this Agreement and upon which the Developer will construct the known improvements.
- 2 -
. ,
1.1.13. "Minimum Improvements" means the improvements to be constructed by the
Developer on the Development Property, as detailed in the construction plans, that will have, .
when substantially complete, have a minimum market value of at least Seven Million Four
Hundred Thousand and No/lOO ($7,400,000.00) Dollars.
1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat.
~ 116D,01 et seq" as amended.
1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat.
~116B.Ol et seq., as amended.
1.1.16. "National Environmental Policy Act" means the federal law located at 42
U.S.C. 94331 et seq., as amended.
1.1.17. "Net Proceeds" means any proceeds paid by an insurer to the Developer or the
City under a policy or policies of insurance required to be provided and maintained by the
Developer pursuant to Aiticle 5 of this Agreement and remaining after deducting all expenses
(including fees and disbursements of counsel) incurred in the collection of the proceeds.
1,1.18. "Permitted Encumbrances" means the encumbrances described in Schedule E of
this Agreement.
1.1.19. "Program" means the development program approved by the City in connection
with the creation of the Development District, as it may be amended or modified.
1.1.20. "Developer" means Curve Crest Villa, a Minnesota limited partnership.
.
1.1.21. "Development Property" means the real property described in Schedule A of
- this Agreement, consisting of the Housing Parcel.
1.1.22. "Development Property Deed" means the Deed in Schedule B of this
Agreement, to be used to convey the Development Property from the City to the Developer.
1.1.23. "State" means the State of Minnesota.
1.1.24. "Unavoidable Delays" means delays which are the direct result of strikes, other
labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum
Improvements litigation commenced by third parties which, by injunction or other similar
judicial action, directly results in delays, or acts of any federal, state or local governmental unit
(other than the City) which directly result in delays.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES: INTERPRETIVE RULE
Section 2.1. Representations bv the City. The City makes the following representations as the
basis for the undertaking on its part herein contained:
.
- 3 -
.
2.1.1. The City is a charter city of the State with all the powers of a charter city duly
organized and existing under the laws of the State.
2.1.2. The City has created, adopted and approved the Development District III
accordance with the terms of the Act.
2.1.3. The City has acquired the Development Property in accordance with the Plan
and this Agreement and will sell and convey the Development Property to the Developer upon
which the Developer will construct the Minimum Improvements.
2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat.
~ll6J.993 et seq.
Section 2.2. Representations and Warranties by the Developer. The Developer represents and
warrants that:
2.2.1. The Developer will construct, operate and maintain the Minimum
Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and
all local, state and federal laws and regulations including, but not limited to, environmental,
zoning, building code and public health laws and regulations.
2.2.2. The Minimum Improvements will be maintained as an allowed use under the
zoning ordinance ofthe City.
.
2.2.3. At such time or times as will be required by law, the Developer will have
complied with all applicable local, state and federal environmental laws and regulations. As of
the date of execution of this Agreement, the Developer has received no notice or communication
from any local, state or federal official that the activities of the Developer or the City in the
Development District may be or will be in violation of any environmental law or regulation. As
of the date of execution of this Agreement, the Developer is aware of no facts the existence of
which could cause the Development Property to be in violation of any local, state or federal
environmental law, regulation or review procedure or which would give any person a valid claim
under the Minnesota Environmental Rights Act.
2.2.4. Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
2.2.5. The Developer agrees that it will indemnify, defend, and hold harmless the City,
its governing body members, officers, employees, agents and contractors, from any and all
claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions
of the Developer, its officers, employees, agents or contractors in connection with this
Agreement or the construction, installation, ownership or operation of the Minimum
. Improvements.
- 4 -
ARTICLE 3
CONVEYANCE OF DEVELOPMENT PROPERTY
.
Section 3.1. Conveyance of Development Property. The City agrees that it will convey the
Development Property to the Developer pursuant to Article 3 of this Agreement if the following
conditions are first satisfied with respect to the Minimum Improvements to be constructed
thereon:
3.1.1. the Developer is not then in default under this Agreement;
3.1.2, the conditions set forth at Section 3.5 have been satisfied or waived in writing;
Section 3.2. Time of Conveyance.
3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but
has been cured), the City will execute and deliver to Developer the Development Property Deed
on the earlier of:
3.2.1.1.
the conditions set forth in SeCtion 3.5 have been satisfied;
3.2.1.2.
On or before May 16, 2002; or
3.2.1.3.
on such other date as the City and the Developer agree in writing.
3.2.2. Unless otherwise agreed by the City and the Developer, the execution and .
delivery of all deeds and the payment of any purchase price will be made at the principal offices
of the City.
Section 3.3. Consideration.
3.3.1. The price to be paid to the City by the Developer in exchange for the
Development Property Deed, at the time and date of conveyance, will be $1.00 in United States
currency.
Section 3.4. Directly Related Impact Costs. In order that the City will have funds necessary
for the payment of obligations associated with the improvement to the Public Walkway System
that connects the Development property with shopping areas, medical facilities and recreational
opportunities, it is necessary that the City obtain from the Developer sufficient funds to insure
completion of needed walkways before substantial completion of the Minimum Improvements.
Payments from the Developer for this purpose will be as follows:
3.4.1. $610,000 cash at time of conveyance.
Section 3.5. Title.
3.5.1. The City agrees that it will, on or before the date that the City delivers the
Development Property Deed, review the state of title to the property and take any action
reasonably necessary to render title to the parcel marketable.
.
- 5 -
.
.
.
3.5.2.
Development
Development
Developer.
The City will voluntarily take no action to encumber title to any parcel of the
Property between the date of this agreement and the date on which the
Property Deed for the parcel is executed by the City and delivered to the
Section 3.6. Additional Conditions Precedent to City Actions. Without limiting any other
provision of this Agreement, the City will not be obligated to deliver the Development Property
Deed unless and until the following conditions have been satisfied with respect to the
Development Property and the Minimum Improvements to be constructed thereon, all of which
must be satisfied or waived in writing by the time of conveyance.
3.6.1. The Developer has funded mortgage financing or has shown a sufficient equity
infusion to the satisfaction of the City sufficient for construction of the Minimum Improvements.
3.6.2. The Developer has received a zoning use permit and building permit as required
by the City Planning Commission, the Stillwater Community Development Director, the Building
Official, the City Engineer, the City Council.
Section 3.7. Limitation on City Financial Obligations.
3.7.1. In no event will the City be obligated to expend any more funds than the tax
increment expressly described in this agreement.
3.7.2. In the event that the Developer is not entitled to a conveyance by May 16,2002,
this agreement will be void and any sums paid to the City in the way of earnest money or other
fees are forfeited.
Section 3.8. City Action Promised Prior to Conveyance.
3.8.1. The City will take the following action in a timely manner prior to making the
conveyance to the Developers:
3.8.1.1.
timely manner.
The City will review the Developer's submissions to the City in a
Section 3.9. The City's Promises and Covenants that will Survive the Closing.
3.9.1. The City covenants that the following actions will be taken and be continuing
after the closing and during the term of this Agreement:
3.9.1.1. Waive park dedication requirements associated with Development
approvals needed for the project.
Section 3.10. Developers' Covenants that will Survive the Conveyance.
3.10.1. The Developers promise the following continuing actions that will survive the
conveyance of the property to the Developer:
- 6-
3.10.1.1. Submit to the City in a timely manner the data required to establish
TIF eligible expenses or other information needed to comply with the Minnesota Tax .
Increment Financing Act.
3.1 0.1.2. Maintain the property in such a manner that the housing and rents
associated therewith meet the definition of a "qualified housing project" as defined by the
Minnesota Tax Increment Financing Act.
3.10.1.3. That provisions of the Internal Revenue Code that would permit
the Developer to terminate the income use restrictions at the end of the compliance period
as defined in the Internal Revenue Code, do not apply to this property and that the
Internal Revenue Code Section 42, Income and Rental Restrictions, shall continue for a
period of thirty (30) years beginning with the first day of the compliance period in which
the property and the building is part of a qualified income housing project.
3.10.1.4. That the distribution of profits from a sale or refinancing of the
Developer will be controlled by the applicable section of the Partnership Agreement for
the Developer, except that the General Partner of the Developer agrees that eight percent
(80%) share of the distribution due the General Partner will be distributed fifty percent
(50%) to the General Partner and fifty percent (50%) to the City. (In each case the
distributive share.)
3.10.1.5. Further, for a period of twenty-four (24) months following the close
of the compliance period, as determined by the Internal Revenue Code, the Developer will .
have the option to purchase the distributive share of the City. The purchase shall be
executed at the fair market value of the distributive share.
ARTICLE 4
CONSTRUCTION OF MINIMUM IMPROVEMENTS
Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will
construct the Minimum Improvements on the Development Property in accordance with the
approved Construction Plans and preserve and keep the Minimum Improvements or cause the
Minimum Improvements to be maintained, preserved and kept with the appurtenances and every
part and parcel thereof, in good repair and condition.
Section 4.2. Construction Plans, Changes.
4.2.1. If the Developer desires to make any material change in the Construction Plans,
the Developer must submit the proposed change to the City for its approval. The request must be
filed with the Community Development Director. Minor modifications and modifications that
do not change the exterior or the size of any structures may be approved by the Community
Development Director. Other modifications must be approved by the City Council and the
committee or authority that granted any permit or approval. If the Construction Plans, as
modified by the proposed change, conform to the requirements of this Agreement, the City must
approve the proposed change and notify the Developer in writing of its approval. .
- 7 -
.
.
.
Section 4.3, Commencement and Completion of Construction. The Developer must
commence construction of the Minimum Improvements by August 1, 2002, or on the date the
parties agree in writing. The Developer must complete the construction by May 31, 2003. All
work with respect to the Minimum Improvements to be constructed or provided by the
Developer on the Development Property must be in conformity with the Construction Plans as
submitted by the Developer and approved by the City.
The Developer agrees for itself, its successors and assigns, and every successor in interest
to the Development Property, or any part thereof, that the Developer, and its successors and
assigns, will promptly begin and diligently prosecute to completion the development of the
Development Property through the construction of the Minimum Improvements thereon, and that
the construction must in any event be commenced and completed within the period specified in
this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that
these agreements and covenants will be covenants running with the land and that they will, in
any event, and without regard to technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent
permitted by law and equity, binding for the benefit of the City and enforceable by the City
against the Developer and its successors and assigns. Until construction of the Minimum
Improvements has been completed, the Developer must make reports, in the detail and at the
times reasonably requested by the City, as to the actual progress of the Developer with respect to
the construction.
Section 4.4. Certificate of Completion.
4.4.1. Promptly after completion of the Minimum Improvements in accordance with
the Construction Plans the City will furnish the Developer with an appropriate instrument so
certifying. The certification by the City is a conclusive determination of satisfaction and
termination of the agreement with respect to the obligations of the Developer, and its successors
and assigns, to construct the Minimum Improvements and the dates for the beginning and
completion thereof. The Certificate of Completion will be in the form attached as Schedule "E".
4.4.2. If the City refuses or fails to provide any certification in accordance with the
provisions of Section 4.4 of this Agreement, the City must, within ten (10) business days after
written request by the Developer, provide the Developer with a written statement, indicating in
adequate detail in what respects the Developer has failed to complete the Minimum
Improvements in accordance with the provisions of the Agreement, or is otherwise in default,
and what measures or acts it will be necessary, in the opinion of the City, for the Developer to
take or perform in order to obtain such certification.
4.4.3. The construction will be deemed to be completed when it is substantially
completed, as determined by the City in the exercise of its reasonable discretion, but not later
than the date upon which a certificate of occupancy is issued.
Section 4.5. Indemnity. The Developer further agrees that it will indemnify, defend, and hold
harmless the City, its officers, employees, contractors and agents, in connection with any liens or
claims from persons or entities related to the furnishing of labor or materials in connection with
construction of the Minimum Improvements.
- 8 -
Section 4.6. Tax Increment Payments. The Scheduled Payments due on any Scheduled
Payment Date are payable solely from and only to the extent that the City has received as of the .
Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the
six'months prior to a Scheduled Payment Date with respect to the Development property.
This obligation is not payable from or will it constitute a charge upon any funds of the
City, and the City will not be subject to any liability or be deemed to have obligated itself to pay
from any funds except the Available Tax Increment, and then only to the extent and in the
manner herein specified.
The Developer will never have or be deemed to have the right to compel any exercise of
any taxing power of the City. The terms of the tax increment payments are described in the Tax
Increment Note attached as Schedule F.
Section 4.7. Tax Increment Revenue Bonds. The City will take action through the enactment
of resolutions and other official documents to issue non-recourse conduit Tax Increment
Revenue Bonds in the approximate amount of $850,000. This action will be taken in a timely
manner in order to facilitate the Developer's financing plans.
ARTICLE 5
INSURANCE
Section 5.1. Insurance.
.
5.1.1. The Developer will provide and maintain at all times during the process of
constructing the Minimum Improvements and, from time to time at the request of the City,
furnish the City with proof of payment of premiums on:
5.1.1.1.. Builder's Risk Insurance, written on the so-called "Builder's Risk-
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy. The
interest of the City will be protected in accordance with a clause in form and content
satisfactory to the City.
5.1.1.2. Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner's Contractor's Policy with limits against
bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability policy may be used).
5.1.1.3.
Worker's compensation insurance, with statutory coverage.
The policies of insurance required pursuant to clauses 5.1.1.1 and 5.1.1.2 above must be
in form and content satisfactory to the City and must be placed with financially sound and
reputable insurers licensed to transact business in the State. The policy of insurance delivered .
pursuant to clause 5.1.1.1 above will contain an agreement of the insurer to give not less than
-9-
.
thirty (30) days' advance written notice to the City in the event of cancellation of the policy or
change affecting the coverage thereunder.
5.1.2, Upon completion of construction of the Minimum Improvements and prior to
the Maturity Date of the Development Mortgage, the Developer must maintain, or cause to be
maintained, at its cost and expense, and from time to time at the request of the City must furnish
proof of payment of premiums on, insurance as follows:
.
5.1.2,1. Insurance against loss and/or damage to the Minimum
Improvements under a policy or policies covering the risks as are ordinarily insured
against by similar businesses, including (without limiting the generality of the foregoing)
fire, extended coverage, vandalism and malicious mischief, boiler explosion, water
damage, demolition cost, debris removal, collapse and flood in an amount not less than
the full insurable replacement value of the Minimum Improvements, but any policy may
have a deductible amount of not more than $25,000. No policy of insurance may be
written so that the proceeds thereof will produce less than the minimum coverage
required by the preceding sentence, by reason of co-insurance provisions or otherwise,
without the prior consent thereto in writing by the City. The term "full insurable
replacement value" means the actual replacement cost of the Minimum Improvements
(excluding foundation and excavation costs and costs of underground flues, pipes, drains,
and other uninsurable items) and equipment, and will be determined from time to time at
the request of the City, but not more frequently than once every three years, by an
insurance consultant or insurer, selected and paid for by the Developer and approved by
the City. All policies evidencing insurance required by this subparagraph with respect to
the Minimum Improvements must be carried in the names of the Developer and the City
as their respective interests may appear and must contain clauses which provide for Net
Proceeds of insurance resulting from claims per casualty thereunder to the Minimum
Improvements to be made payable in accordance with the terms of any approved
Mortgage, or if no Mortgage, in trust for the benefit of the Developer and it as their intent
may appear. The City and the Developer must agree on the amount of settlement.
5.1.2.2. Comprehensive general public liability insurance, including
personal injury liability (with employee exclusion deleted), and automobile insurance,
including owned, non-owned and hired automobiles, against liability for injuries to
persons and/or property, in the minimum amount for each occurrence and for each year
of $1,000,000.00, for public liability not arising from ownership or operation of
automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each
occurrence and for each year for liability arising out of ownership or operation of
automobiles (or other motor vehicles).
.
5.1.2.3. Such other insurance, including worker's compensation insurance
respecting all employees of the Developer engaged in work with respect to the construction
of the Minimum Improvements, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Developer may be self-insured with respect to all or any part of its liability for
worker's compensation.
- 10-
5.1.3. All insurance required in Article 5 of this Agreement will be taken out and
maintained in responsible insurance companies selected by the Developer which are authorized .
under the laws of the State to assume the risks covered thereby. The Developer will deposit
annually with the City policies evidencing all such insurance, or a certificate or certificates or
binders of the respective insurers stating that such insurance is in force and effect. Unless
otherwise provided in this Article 5 of this Agreement each policy must contain a provision that
the insurer will not cancel nor modify it without giving written notice to the Developer and the
City at least thirty (30) days before the cancellation or modification becomes effective. Not less
than fifteen (15) days prior to the expiration of any policy, the Developer must furnish the City
evidence satisfactory to the City that the policy has been renewed or replaced by another policy
conforming to the provisions of this Article 5 of this Agreement, or that there is no necessity
therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single
policy, blanket or umbrella policies, or a combination thereof, having the coverage required
herein, in which event the Developer will deposit with the City a certificate or certificates of the
respective insurers as to the amount of coVerage in force upon the Minimum Improvements.
5.1.4. The Developer agrees to notify the City immediately in the case of damage
exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In the event that any such damage does not exceed
$25,000, the Developer will forthwith repair, reconstruct and restore the Minimum Improvements
to substantially the same or an improved condition or value as it existed prior to the event causing
such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration,
the Developer will apply the Net Proceeds of any insurance relating to such damage received by
the Developer to the payment or reimbursement of the costs thereof. .
In the event the Minimum Improvements or any portion thereof is destroyed by fire or
other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the
Developer must within one hundred and twenty (120) days after such damage or destruction,
proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements
substantially the same condition or utility value as it existed prior to the event causing such
damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and
restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage
or destruction received by the Developer to the payment or reimbursement of the costs thereof.
Any Net Proceeds remaining after completion of construction will be disbursed to the Developer.
5.1.5. If the Developer is in compliance with the terms this Agreement and then any
Net Proceeds of insurance relating to the damage or destruction received by the City must be
released from time to time by the City to the Developer upon the receipt of:
5.1.5.1. A certificate of an authorized representative of the Developer
specifying the expenditures made or to be made or the indebtedness incurred in
. connection with the repair, reconstruction and restoration and stating that the Net
Proceeds, together with any other moneys legally available for the purpose, will be
sufficient to complete the repair, construction and restoration.
The Developer must complete the repair, reconstruction and restoration of the Minimum .
Improvements, whether or not the Net Proceeds of insurance received by the Developer for these
- 11 -
.
.
.
purposes are sufficient. Any Net Proceeds remammg after completion of the repaIrs,
construction and restoration must be remitted to the Developer.
ARTICLE 6
REAL PROPERTY TAXES AND ASSESSMENTS
Section 6.1. Real Property Taxes.
6.1.1. The Developer must pay when due all real property taxes payable with respect
to the Development Property including any future installments for special assessments payable
therewith and thereafter.
ARTICLE 7
FINANCING
Section 7.1. Financing.
7.1.1. The Developer must have submitted prior to conveyance of the Development
Deed evidence of a commitment for financing or equity infusion that is deemed by the City to be
sufficient for construction of the Minimum Improvements as required by this Agreement.
Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the
Minimum Improvements, as certified by the City, neither the Developer nor any successor in
interest to the Development Property upon which the Minimum Improvements are to be
constructed or any part thereof will engage in any financing or any other transaction creating any
mortgage or other encumbrance or lien upon the Development Property, whether by express
agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the
parcel, except:
7.2.1.1. for the purposes of obtaining funds only to the extent necessary for
constructing the Minimum Improvements (including, but not limited to, labor and
materials, professional fees, real estate taxes, construction interest, organizational and
other indirect costs of development, costs of constructing the Minimum Improvements,
and an allowance for contingencies), and
7.2.1.2.
except operating agreements.
ARTICLE 8
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Section- 8.1. Representation as to Development. The Developer represents and agrees that its
purchase of the Development Property, and its other undertakings pursuant to the Agreement,
are, and will be used, for the purpose of development of the Development Property and not for
speculation in land holding. The Developer further recognizes that, in view of (a) the importance
of the development of the Development Property to the general welfare of the City; (b) the public
- 12-
aids that have been made available by the City for the purpose of making the development
possible; and (c) the fact that any act or transaction involving or resulting in a significant change .
in the identity of the parties in control of the Developer or the degree of their control is for
practical purposes a transfer or disposition of the property then owned by the Developer, the
qualifications and identity of the Developer are of particular concern to the City. The Developer
further recognizes that it is because of the qualifications and identity that the City is entering into
the Agreement with the Developer, and, in doing so, is further willing to accept and rely on the
obligations of the Developer for the faithful performance of all undertakings and covenants
hereby by it to be performed. This provision is not intended to apply to the sale or marketing in
interests in the Curve Crest Villa Limited Partnership as envisioned by the Partnership
Agreement.
ARTICLE 9
EVENTS OF DEFAULT
Section 9.1. Events of Default Defined. The following are "Events of Default" under this
Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless
the context otherwise provides), anyone or more of the following events:
9.1.1. Failure by the Developer to pay when due or to provide when required any
payments required to be paid or provided under this Agreement, including real estate taxes and
installments of special assessments due and payable on the Development Property before they
become delinquent.
.
9.1.2. (Intentionally left blank.)
9.1.3. Failure by the Developer to provide and maintain any insurance required to be
provided and maintained by Section 5.1 of this Agreement or failure by the Developer to
reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this
Agreement.
9.1.4. Failure by the Developer to satisfy all conditions precedent to City as set forth
in Section 3.5.
9.1.5. Failure by the Developer to commence and complete construction of the
Minimum Improvements pursuant to the terms, conditions and limitations of Article 4 of this
Agreement.
9.1.6. Failure by the Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed hereunder, including, but not
limited to a violation of any condition of approval required by ~ 3.5.4. of this Agreement.
9.1.7. The Developer makes any changes to the Construction Plans .without approval
of the Grantor of any permit or approval described in ~. 3.5.4 of this Agreement.
9.1.8. . The Developer constructs Minimum Improvements that are different from the .
Minimum Improvements described in the approved Construction Plans.
- 13 -
.
.
.
9.1.9. The Developer:
9.1.9.1. files any petItIOn in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or similar relief under
any state or federal bankruptcy law;
9.1.9.2.
makes an assignment for the benefit of its creditors;
9.1.9.3.
become due; or
admits in writing its inability to pay its debts generally as they
9.1.9.4.
is adjudicated bankrupt or insolvent.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1
of this Agreement occurs, the City may take anyone or more of the following actions:
9.2.1. Suspend its performance under the Agreement and refuse to deliver the
Development Deed.
9.2.2. Terminate this Agreement.
9.2.3. Withhold the Certificate of Completion.
9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from
the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in
accordance with the terms of the policies.
9.2.5. Take whatever action, including legal or administrative action, which may
appear necessary or desirable to the City, including any actions to collect any payments due
under this Agreement, or to enforce performance and. observance of any obligation, agreement,
or covenant of the Developer under this Agreement.
Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. In the event that
subsequent to the delivery of the Development Property Deed to the Developer and prior to
receipt by the Developer of the Certificate of Completion:
9.3.1. The Developer fails to begin construction of the Minimum Improvements in
conformity with this Agreement by August 31, 2002.
Section 9.4. No Remedy Exclusive. No remedy conferred upon or reserved to the City is
intended to be exclusive of any other available remedy or remedies, but each remedy is
cumulative and is in addition to every other remedy given under this Agreement or now or
hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default will impair any right or power or may be construed to be a
waiver thereof, but any right and power may be exercised from time to time and as often as may
be deemed expedient. In order to entitle the City or the Developer to exercise any remedy
reserved to it, it will not be necessary to give notice, other than the notice that may be requi~ed in
this Article 9.
- 14-
Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the .
other party, such waiver will be limited to the particular breach so waived and will not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE 10
ADDITIONAL PROVISIONS
Section 10.1. Conflict of Interests; City Representatives Not Individually Liable., No member,
official, or employee of the City will have any personal interest, direct or indirect, in the
Agreement, nor will any such member, official, or employee participate in any decision relating
to the Agreement which affects his personal interests or the interests of any corporation,
partnership, or association in which he is, directly or indirectly, interested. No member, official,
or employee of the City will be personally liable to the Developer, or any successor in interest, in
the event of any default or breach by the City or for any amount which may become due to the
Developer or successor or on any obligations under the terms of the Agreement, except in the
case of willful misconduct.
Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Minimum Improvements provided for in the
Agreement it will comply with all non-discrimination and affirmative action requirements
applicable under any state, federal or local law, ordinance or regulation.
Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended to .
and will be merged with the Deed transferring any interest in the Development Property and the
obligations of the Developer will be appurtenant and will run with and bind the land.
Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and will be disregarded
in construing or interpreting any of its provisions.
Section 10.5. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
the other will be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
10.5.1. in the case of the Developer, is addressed to or delivered personally to the
Developer; and
10.5.2. in the case of the City, is addressed to or delivered personally to the City at 216
North 4th Street, Stillwater, Minnesota 55082;
or at another address with respect to either party as that party may, from time to time, designate in
writing and forward to the other party as provided in this Section.
Section 10.6. Counterparts. This Agreement is executed in any number of counterparts, each of
which will constitute one and the same instrument.
.
- 15 -
.
.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be duly executed in its name and behalf on or as of the date first above written.
STATE OF MINNESOTA
COUNTY OF WASHINGTON
)
) ss.
)
THE CITY OF STILLWATER, MINNESOTA
By
Jay L. Kimble, Its Mayor
By
Diane Ward, Its City Clerk
CURVE CREST PARTNERS
a Minnesota Limited Partnership
By
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
, Its General Partner
On this day of , 2002, before me, a Notary Public within and for said
County, appeared Jay L. Kimble, and Diane Ward, to me personally known who, being duly
sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that
this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a
Minnesota Municipal corporation.
Notary Public
On this _ day of , 2002, before me, a Notary Public within and for said
County, appeared , the of Curve Crest
. Villa, a Minnesota Limited Partnership, to me personally known who, being duly sworn, did say
- 16-
that he is the individual named in the foregoing instrument and that this instrument was signed as
~~~~~, .
Notary Public
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
333 North Main Street, #202
P.O. Box 438
Stillwater, MN 55082
651-439-9464
.
.
- 17 -
.
SCHEDULE A
Le2:al Description
That part of Outlot A, Stillwater Industrial Park, according to the plat thereof on
file in the office of the County Recorder, Washington County, Minnesota, lying
Northerly of the South 731.48 feet thereof and easterly of the West 386.97 feet
thereof, as measured at a right angle to the South and West lines thereof.
.
.
A-I
SCHEDULE B
.
DEVELOPMENT DEED
THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal
Corporation (the "Grantor"), and Curve Crest Villa, a Minnesota Limited Partnership (the
"Grantee").
WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt
whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee,
its successors and assigns forever, all the tract or parcel of land lying and being in the County of
Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is
hereinafter referred to as the "Property"), as described in Exhibit "A" attached hereto,
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging to the said Grantee, its successors and assigns, forever,
Provided:
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions, .
restrictions of an agreement entered into between the Grantor and Grantee effective on the _
day of , 2002, identified as "Contract for Private Development" (hereinafter
referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part
thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee
from certain obligations of the Agreement as to this Property or any part thereof then to be
conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee
from mortgaging this Property in order to obtain funds for the purchase of the Property hereby
conveyed and for erecting improvements therein in conformity with the Agreement, any applicable
development plan and applicable provisions of the zoning ordinance of the City of Stillwater,
Minnesota.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the construction of the improvements thereon, as provided in the Agreement.
Promptly after completion of the improvements in accordance with the provisions of the
Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. The
certification by the Grantor shall be (and it shall be so provided in the certification itself) a
conclusive determination of satisfaction and termination of the agreements and covenants of the
Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and
assigns, to construct the improvements and the dates for the beginning and completion thereof.
The certification and the determination will not constitute evidence of compliance with or .
satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a
B-1
.
mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the
Property hereby conveyed or the improvements, or any part thereof.
SECTION 2.
In the eventthe Grantee herein shall, prior to the recording of the certificate of completion
hereinabove referred to:
(a) Fail to begin construction of the Minimum Improvements by August 1,
2002 and such failure is not cured within ninety (90) days after written notice from the
Grantor to the Grantee to do so; or
(b) Fail to carry out its obligations with respect to the construction of the
Minimum Improvements (as defined in the Agreement), or shall abandon or substantially
suspend construction work, and any failure, abandonment or suspension shall not be cured,
ended or remedied within ninety (90) days after written demand from the Grantor to the
Grantee to do so;
then the Grantor shall have the right to re-enter and take possession of the Property and to
terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or
successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured
within the time periods provided above.
. SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and its successors and assigns shall:
(a) Devote the Property to, and only to and in accordance with the uses
specified in any applicable development plan as amended and extended, and only for
residential housing purposes;
(b) Not discriminate on the basis of race, color, creed, national origin, or sex in
the sale, lease, rental, or in the use or occupancy of the Property or any improvements
erected or to be erected thereon, or any part thereof;
(c) Not cause the Property to be removed from the public tax rolls or to become
exempt from assessment for general real estate taxes by reason of any conveyance, lease,
abatement, or other action;
(d) Not apply for or seek through administrative or judicial proceedings a
reduction in real property taxes but only if such reduction would reduce taxes to an amount
set forth in The Assessment Agreement.
.
( e) Comply with the provisions of Article V and VI of the Agreement relating
to insurance coverage, and the payment of real property taxes.
B-2
It is intended and agreed that the above and foregoing agreements and covenants shall be .
covenants running with the land, and that they shall, in any event, and without regard to technical
classification or designation, legal or otherwise, and except only as otherwise specifically provided
in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in
favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every
successor in interest to the Property, or any part thereof or any interest therein, and any party in
possession or occupancy of the Property or any part thereof.
SECTION 4.
This Deed is also given subject to:
(a) Covenants, conditions and restrictions contained in the plan for the
Municipal Development District Number 9, as amended as of the date of this Agreement.
(b) Provision of the ordinances, building and zoning laws of the City of
Stillwater, state and federal laws and regulations in so far as they affect this real estate.
(c) Taxes payable subsequent to the date of this conveyance.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its and and has caused its corporate seal to be .
affixed this _ day of , 2002.
THE CITY OF STILLWATER, MINNESOTA
By
Its
By
Its
.
B-3
.
.
.
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF WASHINGTON
On this _ day of , 2002, before me, a notary public within and for
Washington County, personally appeared , and
to me personally known who by me duly sworn, did say that they are the
and of the City of Stillwater (the "City") named in the foregoing
instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was
signed and sealed on behalf of said City pursuant to a resolution of its Council; and said
and acknowledged said instrument to be the free
act and deed of said City.
Notary Public
This instrument was drafted by:
MAGNUSON LAW FIRM
David T. Magnuson, #66400
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, Minnesota 55082
651/ 439-9464
B-4
EXHmIT A
.
Leeal Description
That part of Outlot A, Stillwater Industrial Park, according to the plat
thereof on file in the office of the County Recorder, Washington County,
Minnesota, lying Northerly of the South 731.48 feet thereof and easterly
of the West 386.97 feet thereof, as measured at a right angle to the South
and West lines thereof.
.
.
B-5
.
SCHEDULE C
ASSESSMENT AGREEMENT
AND
ASSESSOR'S CERTIFICATE
BETWEEN
THE CITY OF STILLWATER, MINNESOTA
AND
CURVE CREST VILLA
A MINNESOTA LIMITED PARTNERSmp
AND
.
COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON
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
ASSESSMENT AGREEMENT
.
THIS AGREEMENT, made on or as of the _ day of , 2002,
between The City of Stillwater, Minnesota, a municipal corporation (the "City"), Curve Crest Villa,
a Minnesota limited partnership (the "Developer"), and the County Assessor of the County of
Washington (the "Assessor").
WITNESSETH, that
WHEREAS, on or before the date hereof, the City and Developer have entered into a
Contract for Private Development for the real property located in the City of Stillwater, hereinafter
referred to as the "Development Property" and legally described on the attached Schedule A,
Washington County, Minnesota; and
WHEREAS, it is contemplated that pursuant to the Development Contract the Developer
will construct a Housing Project upon the Development Property (the "Minimum Improvements");
and
WHEREAS, the City and Developer desire to establish a minimum market value for
Development Property and the Minimum Improvements to be constructed thereon, pursuant to
Minnesota Statutes, Section 469.177, Subdivision 8; and
.
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the Minimum Improvements which it is contemplated will be erected;
NOW THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1. The market value maintained by the Washington County Assessor for Development
Property in the year 2002, before construction of any of the Minimum
Improvements is $
2. Upon substantial completion of construction of the above-referenced Minimum
Improvements by the Developer, as evidenced by the delivery to the Developer
from the City of the Certificate of Completion (as defined in the Development
Contract), the minimum market value which shall be assessed for the Development
Property described in Schedule A, with the Minimum Improvements constructed
thereon, for ad valorem tax Schedule B, with the Minimum Improvements
constructed thereon, for ad valorem tax purposes, shall be Seven Million Four
Hundred Thousand and no/lOOths Dollars ($7,400,000.00). The parties to this
Agreement expect that the construction of the Minimum Improvements will be
substantially completed on or before May 31, 2003.
3.
The minimum market value shall be of no further force and effect and this
.
C-l
.
.
.
Agreement shall terminate on the date when the Development Contract either
expires or terminates.
4.
This Agreement, with the Development Contract, shall be promptly recorded by the
Developer with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set
forth in Schedule A hereto. The Developer must pay all costs of recording.
5.
Neither the preambles nor provisions of this Agreement are intended to be
construed as modifying the terms of the Development Contract between the City
and the Developer.
6.
This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
7.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
THE CITY OF STILLWATER, MINNESOTA
By:
Jay L. Kimble, Its Mayor
By:
Diane Ward, Its Clerk
CURVE CREST VILLA
a Minnesota Limited Partnership
By:
Its General Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _ day of , 2002 before me, a Notary Public within and for said
County, personally appeared Jay L. Kimble and Diane Ward, to me personally known, who, being
by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that said
C-2
instrument was signed on behalf of said City by authority of its Council;. and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said City. .
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _ day of , 2002, a Notary Public within and for said County,
personally appeared , General Partner, of Curve Crest Villa, a
Minnesota limited partnership, to me personally known, who, being duly sworn, did say that they
are the Developer, that the instrument was signed on behalf of the Developer and the President
acknowledged the instrument to be the free act and deed of the Developer.
Notary Public
.
.
C-3
.
.
.
CERTIFICATION
BY COUNTY ASSESSOR
The Undersigned, having reviewed the plans and specifications for the improvements to be
constructed and the market value assigned to the land upon which the improvements are to be
constructed, and being of the opinion that the minimum market value contained in the foregoing
Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being
legally responsible for the assessment of the property legally described in Schedule A attached
hereto in Washington County, Minnesota, hereby certifies that the market value assigned to such
land and improvements upon completion of the improvements to be constructed thereon shall not
be less than $7,400,000.00 until termination of this Agreement.
County Assessor, Washington County
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of
2002, by , County Assessor of the County of Washington.
Notary Public
C-4
SCHEDULE" A"
to
ASSESSMENT AGREEMENT
.
Le~al Description
That part of Outlot A, Stillwater Industrial Park, according to the
plat thereof on file in the office of the County Recorder,
Washington County, Minnesota, lying Northerly of the South
731.48 feet thereof and easterly of the West 386.97 feet thereof, as
measured at a right angle to the South and West lines thereof.
.
.
C-5
.
.
.
SCHEDULE B
to
ASSESSMENT AGREEMENT
Section 469.177, Subd. 8 Assessment Agreements. An authority may, upon entering into a
development or development agreement pursuant to Section 469.176, Subd. 5, enter into a written
agreement in recordable form with the developer orredeveloper of property within the tax increment
financing district which establishes a minimum market value of the land and completed improvements to
be constructed thereon until a specified termination date, which date shall be not later than the date upon
which tax increment will no longer be remitted to the authority pursuant to Section 469.176, Subd. 1, The
assessment agreement shall be presented to the county assessor, ofthe jurisdiction in which the tax
increment financing district is located. The assessor shall review the plans and specifications for the
improvements are to be constructed, review the market value previously assigned to the land upon which
the improvements which are to be constructed and, so long as the minimum market value contained in the
assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute
the following certification upon such agreement:
The undersigned assessor, being legally responsible for the assessment of
the above-described property upon completion of the improvements to be
constructed thereon, hereby certifies that the market value assigned to such
land and improvements upon completion shall not be less than $
Upon transfer of title of the land to be developed or redeveloped from the authority to the
developer or redeveloper, such assessment agreement, together with a copy of this subdivision, shall be
filed for record and recorded in the office of the county recorder or filed in the office of the registrar of
titles of the county where the real estate or any part thereof is situated. Upon completion of the
improvements by the developer or redeveloper, the assessor shall value the property pursuant to Section
273.111, except that the market value assigned thereto shall not be less than the minimum market value
contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign
a market value to the property in excess of the minimum market value contained in the assessment
agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative
and legal remedies, a reduction in market value for property tax purposes; provided, however, that the
developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county
auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this
state grant a reduction of the market value below the minimum market value contained in the assessment
agreement during the term of the agreement filed of record regardless of actual market values which may
result from incomplete construction of improvements, destruction or diminution by any cause, insured or
uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording
or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice
of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether
voluntary or involuntary, and shall be being upon them.
C-6
SCHEDULE D
.
RELEASE OF FORFEITURE
WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the
Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and
State of Minnesota, as Deed Document Number(s) _ has conveyed to Curve Crest Villa, a
Minnesota limited partnership (the "Grantee"), the property described on the attached Exhibit A
hereto in the County of Washington and State of Minnesota; and
WHEREAS, the Contract For Private Development as approved the Grantor, on
(Development Contract) contained certain covenants and restrictions, the breach
of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by
Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3
and 9.3.1 of the Development Contract.
WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in
a manner deemed sufficient by the Grantor to permit the execution and recording of this
certification;
NOW THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Grantee have been completed and the above
covenants and conditions in said Development Contract have been performed by the Grantee .
therein and that the provisions for forfeiture of title and right to re-entry for breach of condition
subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to
the land described herein, and the County Recorder in and for the County of Washington and State
of Minnesota is hereby authorized to accept for recording and to record, the filing of this
instrument, to be a conclusive determination of the satisfactory termination of the covenants and
conditions of the contract referred to in the Deed, the breach of which would result in a forfeiture
and right of re-entry, but other covenants created by Section 3 of the Deed will remain in full force
and effect.
Dated;
THE CITY OF STILLWATER, MINNESOTA
By
Its
By
Its
.
D-l
.
EXHIBIT A
Lel!al Description
That part of Outlot A, Stillwater Industrial Park, according to the
plat thereof on file in the office of the County Recorder,
Washington County, Minnesota, lying. Northerly of the South
731.48 feet thereof and easterly of the West 386.97 feet thereof, as
measured at a right angle to the South and West lines thereof.
.
.
SCHEDULE E
.
CERTIFICATE OF COMPLETION
WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"),
entered into a certain Contract for Private Development ("Contract") with Curve Crest Villa, a
Minnesota limited partnership (the "Developer"), dated as of , 2002, (the
"Agreement") and recorded in the Office of the County Recorder in and for the County of
Washington and State of Minnesota, as Document Number , which provided
for the Development of the following land described in Exhibit A in the County of Washington
and the State of Minnesota, (the "Property"),
NOW THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Developers have been completed in
accordance with the Contract, all lawful Codes, Laws, Rules and Ordinances now in effect.
Dated this _ day of
, 2002.
CITY OF STILL WATER
Jay L. Kimble, Its Mayor
.
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of April, 2002, by
Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
.
E-l
.
EXHIBIT A
Le2:al Description
That part of Outlot A, Stillwater Industrial Park, according to the plat
thereof on file in the office of the County Recorder, Washington County,
Minnesota, lying Northerly of the South 731.48 feet thereof and easterly
of the West 386.97 feet thereof, as measured at a right angle to the South
and West lines thereof.
.
.
E-2
SCHEDULE F
FORM OF REVENUE NOTE
.
$
UNITED STATED OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILL WATER
LIMITED REVENUE TAX INCREMENT NOTE
The City of Stillwater (the "City"), hereby acknowledges itself to be indebted and, for
value received, promises to pay to Curve Crest Villa Limited Partnership, a Minnesota limited
partnership (the "Owner"), solely from the source, to the extent and in the manner hereinafter
provided, the principal amount of this Note, being
Dollars ($ ) with interest at the rate of % per annum (the "Note Rate"), in
50 equal installments of $ each payable on the first day of each August and February
commencing on August 1, 2004 and ending on February 1, 2029 (the "Scheduled Payment
Dates"), (said amounts payable on the Scheduled Payment Dates being the "Scheduled
Payments"). The City shall have no obligation to make any Scheduled Payment unless the
Owner has received or is entitled to receive by August 1, 2003, a Certificate of Completion for .
certain improvements to be constructed by the Owner pursuant to that certain Contract for
Private Development between the City and the Owner, dated as of , 2002 (the
"Contract").
Each payment on this Note is payable in any coin or currency of the United States of
America which on the date of such payment is legal tender for public and private debts and shall
be made by check or draft made payable to the Owner and mailed to the Owner at
The Note is a special and limited and not a general obligation of the City, which has been
issued by the City pursuant to and in full conformity with the Constitution and laws of the State
of Minnesota, including Minn. Stat. ~469.178, subd. 4, and Chapter 475 to aid in financing a
"project", as therein defined, of the City consisting generally of defraying certain public
development costs incurred and to be incurred by the Owner within and for the benefit of its
Development District No.1 and Tax Increment District Number 9 (the "Project").
THE NOTE IS NOT A DEBT OF THE STATE OF MINNESOTA (THE "STATE"), OR
ANY POLITICAL SUBDIVISION THEREOF, EXCEPT THAT THE CITY SHALL BE
OBLIGATED TO MAKE PAYMENTS FROM AVAILABLE TAX INCREMENT, AS
DEFINED BELOW, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION
THEREOF SHALL BE LIABLE ON THE NOTE, EXCEPT FOR THE CITY'S OBLIGATION
TO MAKE PAYMENTS FROM AVAILABLE TAX INCREMENT, AS DEFINED BELOW,
.
F-l
.
.
.
NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN A V AILABLE TAX INCREMENT, AS DEFINED BELOW.
The Scheduled Payment of this Note due on any Scheduled Payment Date is payable
solely from and only to the extent that the City has received as of a Scheduled Payment Date
Available Tax Increment, hereby defined by the City as Tax Increment, as defined in the
Contract, received in the six months prior to a Schedule Payment Date with respect to certain
real property described in the attached Exhibit A (hereinafter referred to as the "Development
Property") which real property is located within the Project.
The City will pay on each Scheduled Payment Date to the Owner the lesser of the
Available Tax Increments and the total of the Scheduled Payments due hereon on that date. To
the extent that on any Scheduled Payment Date the City is unable to make the total Scheduled
Payment due on such date as a result of its having received as of that date insufficient Available
Tax Increments, the failure will not constitute a default under this Note and the City will have no
further obligations with respect to the payment of the deficiency.
This Note may not be transferred to any person other than an affiliate, or other related
entity, of the Owner, unless the City has been provided with an opinion of counsel that the
transfer is exempt from registration and prospectus delivery requirements of federal and
applicable state securities laws.
This Note will not be payable from or constitute a charge upon any funds of the City and
the City will not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in the
manner herein specified.
The Owner may never have or be deemed to have the right to compel any exercise of any
taxing power of the City or of any other public body, and neither the City nor any council
member, officer, employee or agent of the City, nor any person executing or registering this Note
will be liable personally heron by reason of this issuance or registration thereof or otherwise.
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 have happened,
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the City of Stillwater, Minnesota, by its City Council, has
caused this Note to executed by the manual signature of its Mayor and City Clerk; has caused its
seal to be affixed hereto; and has caused this Note to be dated , 2002.
F-2
CITY OF STILL WATER
Jay L. Kimble, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of April, 2002, by
Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
F-3
.
.
.
.
EXHIBIT A
Le2:al Description
That part of Outlot A, Stillwater Industrial Park, according to the plat
thereof on file in the office ofthe County Recorder, Washington County,
Minnesota, lying Northerly of the South 731.48 feet thereof and easterly
of the West 386.97 feet thereof, as measured at a right angle to the South
and West lines thereof.
.
.
F-4
"
.
.
.
Memo
To:
From:
Date:
Subject:
Mayor and City Council 11 /
Steve Russell, Community Development Director {I..,./"
April 11, 2002
Preapplication for TIP Assistance for Downtown Mixed Use Project
The preapplication for TIP assistance before the Council is for a mixed use
residential/commercial/parking project with the possibility of incorporating a cultural and
recreational community center (armory) as a part of the project.
At this time the proposal has two parts; a 56 unit condominium housing project on the UBC site
and a 382 stall parking structure with 9,500 square feet of store front commercial space along 2nd
Street between Olive and Chestnut.
The proposal is presented as a preapplication for TIP assistance. The Council can review the
concepts - Brian Sweeney will be present to discuss the concept plan and answer questions and
provide your staff with direction to further develop plans including cost, financing and TIP
assistance information.
Besides the TIF assistance request, the project would go through the normal planning and design
reVIew process.
The concept of the mixed use housing/commercial/parking project at this downtown location is
consistent with the Downtown Plan.
Recommendation: Review mixed use development concept and provide staffwith direction to
proceed with plan development, financing and TIP assistance.
Attachment: Mixed Use Report Proposal
,
.
THE SWEENEY GROUP
Sherman Associates
Walsh Bishop
2nd Street Mixed Use
Urhan Development
Table of Contents
Cover Letter...................... ....... .................. ..... ... ....... ....... ............... Tab I
City of Stillwater Pre-Application............. ........... .............. ................ Tab 2
Addendum I: Site Map Aerial............................... ............................. Tab 3
Addendum 2: 2nd Street Mixed- Use Urban Development .................... Tab 4
.
Addenda 3. 4. and 5 ....................... ........... ...... .... ............... .......... ...... Tab 5
Addendum 6: Project Team Experience.............. ... ............ ................. Tab 6
.
~..'."':'.. t1i\
W\ZI
@
WAlSH B ISH 0 P ~~~E~jJ~~~2
900 SecondAyenue South. Suite 300. Minneapolis. MN 55402
Tel (612) 338-8799 Fax (612) 337 -5785 www.walshhishop.com
,
THE SWEENEY GROUP
Management and Development
.
March 5, 2002
Mr. Steve Russell
City of Stillwater
Stillwater, MN 55082
Dear Steve:
Thank you for the opportunity to submit this proposal to the City of Stillwater.
This packet includes the Pre-Application for Tax Increment Financing Assistance from the City of
Stillwater for the 2nd Street Mixed Use Development, which includes two sites on 2nd Street in downtown
Stillwater.
In addition to a preliminary site plan and elevation concept for both sites, we've included the qualifications
of the development team, which is composed of Brian Sweeney of The Sweeney Group, George Sherman
of Sherman Associates, and Brian Lubben of the architectural firm of Walsh Bishop. As you can see from
the enclosed, the development team brings a wealth of knowledge, experience, creativity, and sensitivity to
the urban product,. notjustin design andarchitecture;but'also in:thefinaIlcing and most importantly, in the
ability and track record to implement such projects.
.
We realize that this pre-application is just a first step in moving forward with a development. Weare
committed to working with the City of Stillwater to ensure that the 2nd Street Mixed Use Development
represents the best of Stillwater's unique historic fabric. '
Sincerely,
~~
The Sweeney Group
.
6 West 5th Street, Suite 700 Saint Paul, Minnesota 55102
Phone: 651.223.2860 Fax: 651.224.8328 E-mail: brian@thesweeneygroup.com
,
.
.
.
CITY OF STILLWATER
PRE-APPLICATION
TAX INCREMENT FINANCING ASSISTANCE
Legal Name of Applicant: The Sweeney Group/Sherman Associates
Address: 6 West 5th Street. Suite 700. Saint PauI.MN 55102
Telephone Number: 651.223.2860
Name of Contact Person: Brian Sweeney
REQUESTED INFORMATION
Addenda are attached addressing in detail the following:
1. A map showing the exact boundaries of proposed development.
2. Give a general description of the project including: size and location ofbuilding(s);
,businessJype.or hse;'. traffic. information including parking; proj ected, vehicle' counts
and trafmnlow;ti111ing.ofthe project; other pertinent information.
3. The existing Comprehensive Plan Land Use designation and zoning of the property.
Include a statement as to how the proposed development will conform to the land use
designation and how the property will be zoned. Explain any discrepancies between
the proposed development and the existing land use designation and zoning.
4. A statement identifying the public improvements request to be financed and why the
costs ofthe improvement cannot be paid by the developer.
5. A statement identifying the public benefits of the proposal including estimated
increase in property valuation, new jobs to be created and other community assets.
6. A written perspective of the developers company or corporation, principals, hostory,
and past projects.
Applicant understands and agrees that the information contained in this application, and the
information contained in items above is intended for use by the City of Stillwater, its officers,
employees, and agents in connection with the City's consideration of possible tax increment,
bond financing for applicant's project; however, the City gives no assurance that this information
may not be disclosed, in whole or part, to persons other than City's .officials, employees, and
agents.
SIGNATURE
)i)}~
't-. CJ.'/) do-
Applicant's Signature
Date
.
""',' .
., I~,j
"ie' c"'
~ -:o~).
::J::!'
" T'~
"'\1
,(;jJ
"";'m
' ,,',
:'0
",0
;z
....;.. ..
~.. :.....
y
.
~
.
.
-H-r-ntlnnA"A' L/Z~J7Ie..
------- -",-__CA.LIYI/JLJ,dILYL.IY-l L.,_
--!<erAJ f" /p~~ KWb
..
.....- . .
.TH.E;:.SWE-ENEY::G,'FtouP'
. " ~. ' . -'. ". : '.:<'..: ',:>; ,
Second Street Mixed Use Development
Stillwater, Minnesota
3 April 2002
I
.~
Sherman
As'saci a tes
_inc.-.......
Concept Second Street Elevation 1" = 50'
'.
I
.;t
.
.
.
Addendum #2
CITY OF STILLWATER
PRE-APPLICATION
TAX INCREMENT FINANCING ASSISTANCE
2nd Street Mixed Use Urban Development
The 2nd Street Mixed Use Urban Development essentially consists of two separate but
complementary developments: the first site is on the west side of 2nd Street, Between Chestnut
and Olive Streets ("Mixed Use Project"). The development team will also incorporate in its
analysis ofthe Mixed Use Project a possible reuse ofthe Armory and how it can be incorporated
into this block's development. Possible reuse of the Armory could include a community center, a
performing arts venue, or other public functions. From a design and architectural perspective,
possible connection to the rest of the Mixed Use Project will be considered.
The second site includes the old UBC property, which developers consider an excellent
condominium site ("Condominium Proj ect").
Both blocks need to be considered as one development in order to address the public parking
issue. We feel it is also important - from a design perspective - that the two developments are
architecturally complementary and consistent with the unique urban fabric of historic Stillwater.
We are also sensitive to the City's need to increase the public parking presently available for the
area.
Mixed Use Project: The Mixed Use Project on the west side of 2nd Street between Chestnut and
Live Streets would consist of:
1) Retail on ground floor would consist of 6,000-8,000 square feet.
2) Possible short term parking availability of 15-20 stalls.
3) Structured Parking consisting of approximately 375 parking spaces.
Developers will work with the City to pursue a private purchase/arrangement with the owners of
the property in which Shorty's sits. It is the intent ofthe developers to include Shorty's in the
retail portion of the development.
Condominium Project: The condominium development on the old UBC site could house
approximately 56 units with enclosed parking.
It is important that the project include vehicle and pedestrian access to 2nd Street, and must have
a pedestrian connection to 3rd Street. In addition, in any final design, sensitivity to views from
existing landowners along 3rd Street must be incorporated.
.
.
.
Second Street Mixed Use Development
Stillwater, Minnesota
3 April 2002
The Sweeney Group
Sherman Associates
Walsh Bishop Associates
Condominiums
Level
Surface Lot
Parking 2
Parking 1
1
2
3
4
Total
Dwelling Units
Retail
Parking Spaces
13
66
66
Elevation
740
720
730
740
750
760
770
16
16
16
16
64
145
. Dwelling units average approximately 1,100 square feet.
. Building is approximately 70 feet deep.
. Building efficiency is approximately 80 percent.
Retail / Parking
Level
Parking Spaces
Dwelling Units
Retail,
Square Feet
9,500
54
56
108
108
56
382
Elevation
Retail
Parking 1
Parking 2
Parking 3
Parking 4
Total
710
724
734
744
754
o
9,500
. Retail level parking is separate from upper parking levels.
. Retail level parking enters through arch on Second Street.
. Upper parking levels enter on Olive Street.
. Structure will have flat floor plates on all streets to allow traditional facades.
. Building height with five levels would be approximately 48 feet off street.
~
~
~
'-
~ -L
rlllf<O ISTr<etr
r-
.
.
I
L.
...
--'.'
,--'-
--1
.
..
.'
..
'P /J1/JI/ 11"'5
'.
J
-.
. -..- -
u __,.
..
h....
"4 ..
. ~
"'<
"-
~
ARM'/(. Y
"
,
- j ....
r' . J~f ~/llf AlP11h'A'!
.. I
.. ,
.- "" '--,...-- ,.~--._-_.,. .'_.'
- - .. fA ~K If{ tJ
WLUD CLlLill
,
,
J- A(cI' oS oS J
___--m.-' KerA/L _
((etAIL
L A & C 6S 5 ~
$lto/lD,J Tftt T
I r
I
,(
Concept Site Plan 1" = 50'
.
Second Street Mixed Use Development
Stillwater, Minnesota
3 April 2002
.. -- -.;~
..
\-.-
"-l
:~
-'<
'"
~
.
l"-
r
(
- . . ,"
-.tH~,;'_SWE'E:NEY';:~'RO~"P - ..
. " ...... . . .... . ;,'" .., .
!lPRT!I
,
W A lS H 81 S HOP ~~~X~s~}:~~~~
lHIf<D JTl<tlT
.
~ C.
~
.
.
.~
.
~
~
\........
~
71/lNP~r
~
~
.
r.1 I
~"""'A1NItV Ali/>motA
. I j I
.
.~
.
.
-.....
.
(lAMP IJ~ 6:i
"
~
"-
,
~
'"
.....a
"
-FL -A- T
S(vPrND JTKltr
:.T.H.f>_SWE'ENEY'~'GrfblJ"p -
." .....:..... .'.~ ".<:. ..:.... ,: .:~-..::. >:. "";-'..;...." .. - .... ":.~".
I
. .ma!-
Sherman
As'sociates
Typical Parking Level
1"=50'
.
Second Street Mixed Use Develo ment
_inc.--.-.
Stillwater, Minnesota
3 April 2002
""-
~
~
'<
\-......
V)
"-
":::::.
,~
).....
~
~
~
~
.
.
.
CITY OF STILL\VATER
PRE-APPLICATION
TAXINCREMENT FINANCING ASSISTANT
Addendum #3
The two properties are currently zoned Central Business District. This zoning permits retail,
office and service usages, with which the proposed retail (and if office is eventually incorporated
into the development) will conform. In order to build the project as proposed, the City will need
to grant a special use permit for the housing for both the Mixed Use Project (apartments) and the
Condominium Project.
Addendum #4
The developer is requesting the City provide 90% of the TIF revenue generated by the project to
assist in the development for the relocation of the City owned utilities on the sites, relocation
costs, any environmental clean up costs, and to assist in the development of the parking structure
on the Mixed Use Site.
Addendum #S
Successful downtowns - whether in large or small cities- need three components to be vital and
economically successful: tourism, an employment base, and housing. Ofthe three, housing has
four times as much economic impact on a downtown than an employee. Residents in downtown
Stillwater will add to the strength of downtown retail and the overall economic success of core
downtown businesses and will help even out the ups and downs of retail in Stillwater's cyclical
tourism industry.
The proposed development will replace the existing underutilized surface parking with a high
quality mixed income housing with 56 new housing units, and produce approximately 375
parking spaces, a net increase of over 200 parking spaces downtown. In addition to the positive
economic impact ofthese new residents to the larger Stillwater economy, it is estimated that the
developments will increase the property valuation by SIO-$14 million, creating as many as 15-25,.,/
new jobs and improving the parking situation on the south end of town. .
Finally, the developers are committed to working with the City and the community to identify
the proper reuse of the Armory and to incorporate it in the Mixed Use Project if at all feasible.
The developers will immediately begin a community process inviting all interested parties from
the community to a visioning planning session to chart out possible reuses for the Armory. This
might include a community center, an arts or theater component, or even a charter school.
2nd Street Mixed Use Urban Development Project learn
.
Stillwater's 2nd Street Mixed Use Urban Development will be development by a joint venture of Brian
Sweeneyof The Sweeney Croup, Saint Paul and George Sherman of Sherman Associates, Minneapolis.
Sweeney and Sherman have come together to bring their impressive experience and understanding of urban
revitalization and community development to Stillwater's 2nd Street Mixed Use Urban Development. The
team also consists of Brian Lubben of Walsh Bishop, Minneapolis, one of the Twin Cities most respected
architectural firms. As the attached materials illustrate, the team has the experience and expertise to make
Stillwater's 2nd Street Mixed Use Urban Development an urban jewel in downtown Stillwater.
Brian Sweeneymost recently served as Saint Paul's Director of Planning and Economic Director
spearheading an urban renaissance for Mayor Norm Coleman that included downtown revitalizing,
riverfront development, and a new housing renaissance in Saint Paul. Dubbed by the Saint Paul Pioneer Press
"Saint Paul's housing guru", Sweeney pushed over 30 housing developments in the City from the award
winning North Quadrant Mix Use Urban Village (developed by George Sherman) which will have over 550
new housing units when it is completed, to the 600 unit riverfront development known as the Upper Landing
along Saint Paul's downtown riverfront, to dozens of senior housing projects throughout Saint Paul.
.
Earlier in his career, Sweeney worked with the National Trust for Historic Preservation's Main Street project,
working with cities under 50,000 in downtown revitalization issues. In the mid -1980' s, Sweeney was part of
the development team to renovate the T.B. Sheldon Auditorium in Red Wing, MN.
A Stillwater area resident, Sweeney developed both The Saint Croix Academy, a Montessori pre-school and
elementary school at the old Marco Polo Restaurant in West Lakeland Township and along with his wife
Karla, the Saint Croix Academy for the Arts, a ballet academy in Stillwater. The Academy produced its 11th
Annual Stillwater Nutcracker this past December.
George Sherman of Sherman Associates specializes in the design, construction, and financing of quality
housing in Minnesota, North and South Dakota, Iowa, and Wisconsin. Sherman Associates has successfully
completed over forty housing and commercial projects totaling over $300 million. Sherman's projects
include some of the regions highest quality and best designed urban housing, including Saint Paul' s~brth
Quadrant Urban Village (70 condominiums, 130 rental units, 12,000 square feet of retail, and underground
parking) as well as the Riverside Station, a mixed use housing development along the new Cedar- Riverside
LRT Station Line, among dozens of other projects. The Cedar- Riverside development includes 72 rental
units, 13 for-sale live/work units, 8200 square feet of retail, and 133 below grade parking spaces.
Sherman Associates has developed and rehabilitated more than 3,500 single family and multifamily homes
since 1978. These include a diverse range ofluxurious single-family homes and townhouses and 1,350
quality tax-credit housing units. With more than 20 years of construction experience, George Sherman offers
exceptional services in the single family, multi -family and commercial markets.
.
Brian Lubhen, AU, of Walsh Bishop heads up his firm's housing studio, providing professional design
services for townhome, apartment, senior housing, affordable housing, and mixed -use housing projects. As
*''',','C,,',',.' (f)
;.~<};~~.
't
@
WA lS H B I S H 0 P ~~~IEL~~~MENT
& CONSULTING
2nd Street Mixed Use Urban Development Project Team
.
Director of Housing at Walsh Bishop, Lubben's responsibilities include design input and overall project
management: development of construction documents, construction administration, development of project
schedule and fees, coordination of project team members and consultants, field observation, and
development of project specifications.
Mer graduating from Iowa State University in 1981, Lubben worked as an architect in Iowa for nine years,
before moving to the Twin Cities to start his own firm. In 1994, his firm merged with
Runyon Vogel, which then merged with BKV Group in 1996. During this time, most of his work was housing
related with custom home, townhome, and apartment projects in and around the Bearpath. Boulder Pointe,
and Lake Minnetonka areas, as well as in the greater Twin Cities area. Since then his focus has shifted to all
variations and combinations of market rate housing, senior housing, affordable housing, and mixed -use
housing facilities.
While in Iowa, Lubben graduated with a master's degree in architecture (1990) and served on the editorial
board of Iowa Architect magazine (1984-1990). Currently, he holds a membership in the Minnesota Multi-
Housing Association. Lubben is also the co-author of a book on architecture, entitled Architecture at Hand.
.
.
I:F;\I3E\
W~
@
WAlSH B ISH 0 P
FACILITY
DEVELOPMENT
& CONSULTING
.
.
.
---- v V" \. Q v v S0!o '~" \!Y,',' ?,/,,-Yl " r u ,-' U ~ ~J [ J f --3 I/!I ~-
---------__--. \ . <)~ M'V /~ S_ 1-,--_ i 0 r-=:::J D' ! [r,---f II. III [~ [~J- f~~-~
---._-~" \) <$)/ ~~<< ~ \-J I 1c~ 0 0 CJ r,'C] i~-=J L~~~ r=IJ-I
~,:,v~/. ,\\V\ 0 r) ~OC~l cO U5~ r--j ...---/ j L~.J
-~ 0 ',~, '':7' r ,-~-==-~, _J LFi_=:J1j I [' 111,/l_
.._____ (~~ '- L ) ~--~~-- - - L J /i j
---0 " L-.., "''''''~ -~ r.==-=JTI{i~e_--.J ~~.- i
-----\.~-,_.~_ !:J[l GO IJ{]-I ~n' ,}. D[~:9 'pai"k- --, ~
--~. 9 iJ f.J ii' ~. . II I II 0 lilt') n-=j J r==--=r---'--.
:::,!47k!~~;~\~L><"" . n LIt, < t~~:-;,J~) ;;rfil ,]
.<. '/~~e ,e" ,,/'f 1iC/ U . ,,1/ I fj' II Scienc~ JMuseum
e',e,;.;'~., e 1/ LJ llU /11 ,( of M~nnesota
j ~c:::::.;:;::::c:::::.:.::--:,=-;_)
I 'I=-"~=-"'~'=-~~ -=--=.
1/ I
D~J
it,;: CIty of S(Paul .),t;:,.j,
JV'pafkS oep8r1ment\"~~'ii
;.l ~R8gIOnal "T~I . /' '. ,i
'-.:.' ", ,'" ;;'iC,.~
THE SWEENEY GROUP
PROJECT EXPERIENCE OF BRIAN SWEENEY
UPPER LANDING
.
.
.
,
, "
THE SWEENEY GROUP PROJECT EXPERIENCE OF BRIAN SWEENEY UPPER LANDING
.
.
.
THE SWEENEY GROUP PROJECT EXPERIENCE OF BRIAN SWEENEY UPPER LANDING
Project Experience of George Sherman
St. Paul's Northeast Quadrant
.
.
.
I
~
Sherman
Associates
_;nc._
Project Experience of George Sherman
.
.
I
.Bft.
Sherman
Associates
.
_inc._
Project Experience of George Sherman
.
.
.
I
.Bft.
Sherman
Associates
_tnc._
Project fxperience of Brian lubben
Hawkeye Insurance Building
.
.
.
Project experience of Brian Lubben while with another firm.
Des Moines, IA
15,000 SF
The Hawkeye Insurance
Building was the first com-
mercial structure builtin Des
Moines, Iowa. The late nine-
teenth century structure had
long been neglected and was
in danger of being razed.
Instead, it was placed on the
National Historic Register,
which proved to be the impe-
tus to remove unsuitable
additions and restore the
exterior to its former beauty.
Today, 'the lower levels of the
building ,are used for com-
mercia! businesses; the upper
levels house residential
tenants.
@(I)@@
WAlSH BISHOP
FACILITY
DEVELOPMENT
& CONSULTING
Project fxperience of Brian lubben
Horner G. Phillips
Dignity House
.
St. Louis, MO; 300,000 SF
.....,.,.1 LJlO.l.
8",....~
r-t!7--:-i~-=-@=------"ir:r-l-
J~ ('),.... '..... , Jk
~,"''6i E.L;y.IOt-!
" f.'_l'....,.~
.
This senior housing facility occupies the former seven -story Homer G. Phillips Hospital built in the
1920' s in central St. Louis and is listed on the National Register of Historic Places. The facility provides
220 affordable housing units and extensive common facilities for independent seniors. Negotiations
with the city of St. Louis, the state of Missouri. and the federal government were required to resolve
building code and historical preservation issues, as well as a variety of other challenges to ensur~_ the
project's financial and programmatic feasibility. The remodeled facility changes what was once'an
eyesore into an attractive and beneficial community asset.
.
Project experience of Brian Lubben while with another firm.
@(I)@@
WAlSH BISHOP
FACILITY
DEVELOPMENT
& CONSULTING
Project fxperience of Brian lubben
Manhattan on Grand
.
St.Paul,~innesota
20,000 SF
/.
Mr. Lubben was principal-in-charge and
project manager for this three-story row
house project on an infill site in one of St.
Paul's statliest neightborhoods. The updated
traditional design and brick facade blends in
with surrounding residences and gives these
row houses a distinctive urban look. The
project. which was sold out prior to comple-
tion. has been featured in several magazines
as a successful example of New Urbanism.
.
Project experience of Brian Lubben while with another firm.
(i)(I)@@
WAlSH BISHOP
FACILITY
DEVELOPMENT
& CONSULTING
Project fxperience of Brian lubben
louisiana Oaksl Mill City
.
Woodbury, MN
275,000 SF
.
~
Built on a highly contaminated site, this project presented many unique difficulties and required close
work with officials of the federal Superfund Program. The four story, 200-unit apartment development
was designed to appear as two large towers connected by a three-story common space core. Parking for
the facility is provided underground. Completion is slated for early 2002,
.
Project experience of Brian Lubben while with another firm.
@(t)@@
WAlSH BISHOP
FACILITY
DEVELOPMENT
& CONSULTING
Project fxperience of Brian lubben
Summerhouse of Woodbury
.
Wordbury, MN
95,000 SF
.
Overlooking a pond and nature area,
Summerhouse of Woodbury is a four-story,
77 -unit independent senior living center
and includes a two-story common space in
the central core. Underground parking is
provided under the building. The site was
masterplanned to add approximately 65
assisted living and dementia units in a
future phase.
.
Project experience of Brian Lubben while with another firm.
*(t)@@
W A lS H HI SHOP
FACILITY
DEVELOPMENT
& CONSULTING
Project [xperience of Brian lubben
Summerhouse of
Inver Grove Heights
.
Inver Grove Heights, MN; 340,000 SF
.
.
Summerhouse of Inver Grove Heights is a continuum-of-care campus providing housing alternatives
for seniors ranging from those capable of independent living to those suffering with dementia. Careful
masterplanning provides good access and discrete spaces for all clients. Overlooking a large lake and
nature area, Summerhouse includes a four-story, 91-unit independent living center, a two-story "toWn
center," and a four-story, 86-unit assisted living and dementia center. Also included are 67 townhome
units in double and triple unit buildings. The independent living center is served by underground
parking.
Project experience of Brian Lubben while with another firm.
*~@@
WAlSH BISHOP
FACILITY
DEVELOPMENT
& CONSULTING
'<I( ~ .~..,..
.
.
..
Memo
To:
Honorable Mayor and Council
From:
Kim A. Kallestad, Fire Chief
Date:
April 12, 2002
Subject:
Recommendation for Variance from Minnesota Uniform Fire Code -
Ascension Episcopal Church
Ascension Episcopal Church, 214 North Third Street, has requested from the Minnesota
State Fire Marshal a variance from the Minnesota Uniform Fire Code. The requested
variance is a release from fire sprinkler requirements in the front area of the main
sanctuary, specifically the area of the altar and organ.
The variance has been requested because:
1. The unique architecture makes it nearly impossible to install a system that is fully
compliant with N.F.P.A. 13 (Fire sprinkler standard adopted by the Minnesota
Uniform Fire Code).
2. Any system installed in this area of the church would require numerous exposed
pipes extending downward in the space to serve as low point drains.
3. Ascension is approximately 150 years old and is the oldest Episcopal Church in
the State. The sanctuary has historic and architectural significance.
4. All other portions of the church will be protected by a fire sprinkler system
currently being installed, including the attic, main sanctuary, and all other
portions of the building.
Before the Code Advisory Panel of the State Fire Marshal's Office will consider the
variance request, it requires a formal action by the local governing body to either
recommend the variance, recommend against the variance, or defer the decision to the
State Fire Marshal Division.
Recommendation: As Fire Chief, having considered the circumstances, I support the
varIance.
Action Required: If Council concurs with the recommendation they should pass a
motion recommending the variance.
.
ST A TE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
STATE FIRE MARSHAL DIVISION
444 Cedar Street, Suite 145 * St. Paul, MN 55101-5145
Phone: 651/215-0500 * Fax: 651/215-0525 * TrY: 651/282-6555
APPLICATION FOR VARIANCE / TIME EXTENSION
Dear State Fire Marshal:
Please accept this application for the following matter:
--J".. Variance _ Time Extension
..: E-Mail Address:
Relationship to Property: ~ Owner _ Manager _ Agent
I
I
.
I
D-
.
N
I
-
cw5
Name: Ascens ion Episcopal Church Phone: (~) 439-2609
Address: 214 North 3ru Street Fax: (-6.5.1J 439-7381
City: S till wa ter State: t1N Zip: 55082
Other:
Property Name: Same As Above
Address:
Phone: (_)
Fax: (_)
City:
File # (if known):
Zip:
,MN
Fire Inspector Name: Kim Ka 11 es tad
1
Compliance date:
(time extensions only)
Item number(s):
Date of Order:
4/5/2002
Item #:
1
Description of violation/issue:
5~e Attached Letter
Information Provided (check all that apply):
_ Governing Body Action (opinion from City Council, Board of Appeals, County Board, Township Board)
_ Photographs
_ Floor Plans/Diagrams
_ Contractor Bids
_ Plan of Correction
_ Other:
Signature of Requestor:
~M&kC>
----..
Date:
1-9-07
For variance requests, please attach a complete statement explaining items A, B, and C from page one of the
instructions. For time extension requests, please attach a statement explaining items I, n, and III from page two
of the instructions.
. Supplemental items such as floor plans, contractor bids or photographs are encouraged.
State Of Minnesota
Department Of Public Safety
State Fire Marshal Division
Project: Ascension Episcopal Church, Stillwater, MN
Description of variance issue:
This is a variance to NFP A 13. This request is to not install the fire sprinkler system in
the altar portion of the sanctuary at Ascension Episcopal Church. It is almost impossible
to install a system in this area that will meet code requirements of the NFP A without
doing majocalterations to the existing ceiling and/or structure, which will disrupt the
overall integrity and architectural appeal of the church. The attic above the ceiling will be
sprinkled as well as the ceiling space in the lower level below the altar area. Due to the
fact that Ascension Episcopal Church is the oldest Episcopal Church in the State of
Minnesota, the church would like to keep the integrity and the architectural appeal of the
church intact.
t-. ~.
.
.
.
· Memorandum
To:
From:
Date:
Subject:
Mayor and City Council
Diane Ward, City Clerk
4/11/2002
Transfer of Wine with Strong Beer Liquor License - Harvest Inn
An application for a transfer of a Wine with Strong Beer Liquor license from from
LaRecolte, Inc. (Harvest Inn) to Amy's at Brunswick, Inc. has been received. The
new owner of the facility will be leasing the restaurant to Amy's at Brunswick, Inc.
therefore the liquor license will be in the restaurant name and not associated with
the bed and breakfast.
Approval should be contingent 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 TRANSFER OF
OWNERSHIP OF WINE WITH STRONG BEER LIQUOR LICENSE FROM LARECOL TE,
INC. (HARVEST INN) TO AMY'S AT BRUNSWICK, INC.
.
.
APPROVING TRANSFER OF OWNERSHIP OF WINE WITH STRONG BEER LIQUOR
LICENSE FROM LARECOL TE, INC. (HARVEST INN) TO AMY'S AT BRUNSWICK, INC.
WHEREAS, request for transfer of ownership of the Wine and Strong Beer liquor license from
LaRecolte, Inc. (Harvest Inn) to Amy's at Brunswick, Inc.has been requested; and
WHEREAS, all required forms have been submitted and fees paid.
NOW THEREFORE, BE IF RESOL VEO that the City Council of Stillwater, Minnesota, hereby
approves the transfer of Wine and Strong Beer Liquor License conditioned upon filing all required
documentation, approval by Police, Fire, Inspection Departments, and Minnesota Liquor Control.
Adopted by Council this 16th day of April 2002.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
.
· Memorandum
To:
From:
Date:
Subject:
Mayor and City Council
Diane Ward, City Clerk
4/11/2002
New Tobacco License - St. Croix Music Cafe
An application for new tobacco license for the St. Croix Music Cafe has been
received. The tobacco shop will be located in the former travel agency location in
the same building as the St. Croix Music Cafe.
Approval should be contingent upon filing all required documentation and final
approval by Police, Fire, and Inspection Departments.
ACTION REQUIRED:
. If approved, Council should adopt Resolution No. 2002-_ APPROVING NEW
TOBACCO LICENSE FOR ST. CROIX MUSIC CAFE
.
APPROVING NEW TOBACCO LICENSE FOR ST. CROIX MUSIC CAFE
WHEREAS, requests for a new tobacco license has been received by Mr. Tom Howard, of the
St. Croix Music Cafe.
WHEREAS, the smoke shop is located in the former travel agency location in the same
building as the St. Croix Music Cafe; and
WHEREAS, all required forms have been submitted and fees paid.
.'
NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby
approves the issuance of a tobacco license conditioned upon filing all required documentation and
approval by Police, Fire, and Inspection Departments.
Adopted by Council this 16th day of April, 2002
ATTEST:
Jay L. Kimble, Mayor
Diane F. Ward, City Clerk '
.
.
.
Memorandtnn
To:
Mayor and City Council
'5~S
From:
Shawn Sanders, Assistant City Engineer
April 8, 2002
Date:
Subject: Bid Opening for 2002 Street hnprovement Project (Project 2002-02)
Bid opening for the 2002 Street hnprovement Project (project 2002-02) will be on Monday,
Aprill5, 2002. Results will be presented to City Council at the Tuesday, Aprill6, 2002
meeting.
.
.
.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Shawn Sanders, PE
Civil Engineer
~b6
DATE: April 15, 2002
RE: 2002 Street Improvement Project
Project 2002-02
DISCUSSION:
Bids for the 2002 Street Improvement Project were opened on Monday, April 15,2002. The
City received four bids with the low bid of $527,384.70 submitted by T.A. Schifsky & Sons,
Inc. (see attached resolution). The engineer's estimate for this project was $685,000.00.
.
RECOMMENDATION
I recommend that the City accept the bids submitted for the 2002 Street Improvement
Project, Project 2002-02 and'award the contract to T.A. Schifsky & Sons, Inc. with a low bid
of $527,384.70.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting the
Resolution 2002- ACCEPTING BID AND AWARDING CONTRACT FOR 2002
STREET IMPROVEMENT PROJECT
.
ACCEPTING BID AND AWARDING CONTRACT FOR
2002 STREET IMPROVEMENT PROJECT
(Project 2002-02)
.
WHEREAS, pursuant to an advertisement for bids for the 2002 Street Improvement Project,
bids were received, opened and tabulated according to law, and the following bids were received
complying with the advertisement;
BIDDER
BID AMOUNT
T.A. Schifsky & Sons, Inc., North St. Paul, Minnesota
$527,384.70
Tower Aspahlt, Lakeland, Minnesota
$555,065.75
$564,164.50
$669,592.05
$685,000.00
North Valley, Inc., Brooklyn Park, Minnesota
Hardrives, Inc., Rogers, Minnesota
ENGINEER'S ESTIMATE
and
WHEREAS, it appears that T.A. Schifsky & Sons, Inc., North St. Paul, 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 T.A.
Schifsky & Sons, Inc., North St. Paul, 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 16th day of April 2002.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
.
Memorandum
To:
Mayor and City Council
Tim Thomsen, Public Works Superintendent
April 10, 2002
From:
Date:
Subject: Eliminating Life Guards at Lily Lake Beach
DISCUSSION
.
The Parks Board recommends eliminating lifeguards at the Lily Lake beach and in it's place
signing the beach "No Lifeguards On Duty".
I had a long talk with Tom Gross, Senior Loss Control Consultant for LMC, and he said a lot of
state and city beaches are going without lifeguards. The reasons are that college kids have a shorter
swim season do to more time spent in school, lifeguards are working at water parks rather than
beaches because of better wages and benefits, and because they charge the public to use them when
most beaches are free. The most we can get lifeguards, if we can find them, is 7 to 8 weeks rather
than the normal 12 to 13 weeks. With this time span there is a lot of people swimming even when
we don't have lifeguards on duty. The beach hours are from noon to 8 pm, 7 days a week and on
hot days people are swimming even before the lifeguards start their shift until the park closes at 11
pm.
1. If we don't have lifeguards, the Parks Department cleans all parks every morning 7 days a
week and they can clean the beach every day also.
2. We can have an emergency phone installed for $95.00 and a $60.00 hookup plus $40,00 per
month for the beach season and then the $10.00 per month for the off-season. Total cost of
$365.00 for the year. This phone will be set up for 911 calls and local calls only and all other
phone numbers are blocked.
3. We can set up a portable restroom for 3 to 4 months at a cost of$58.00 per month. Total cost
$232.00 for the year.
4. Tom Gross from the LMC Berkley Risk Services will help us with the signage ofthe beach.
The beach and phone will be posted very well including the entrance to the park so kids are
not just dropped off. Right now the cost to the City for lifeguards and swimwear is $13,000
to $20,000 for a 7 to 8 week period.
RECOMMENDATION
. Staff recommends that Council concur with the Parks Board recommendation to eliminate
lifeguards at Lily Lake Beach and install "No Lifeguard On Duty" signs and emergency phone.
· Memo
To:
From:
Date:
Subject:
Mayor and City Council {L/
Steve Russell, Community Development Director
April 11, 2002
Request to Use Riverview Parking Lot for Farmers Market
The attached request is for use of the Riverview Parking Lot on Summer Saturdays from 7:30
a.m. to 11 :30 a.m.
The market has been in operation for many years in the downtown and at the Riverview Lot
location for the past two years.
No complaints have been received.
Recommendation: Approval of Farmers Market for Summer 2002.
.
Attachment: Letter from Wendy and Jim Kloek of April 10, 2002
i:..
.
11108 Manning Trl. N.
Stillwater, MN. 55082
City of Stillwater
216 N 4 St.
Stillwater MN, 55082
l(./{O / b 1/
Dear City of Stillwater,
The members ofthe Stillwater Farmers Market would like permission to continue using
the parking lot located at 3rd and Pine for our market. We enjoy the location and feel that
we are successful there. We do not have plans to increase in size at this time, though if
the community expresses the need for more vendors we may consider doing so in the
future. We do not anticipate any changes this year. Our hours of operation will continue
to be Saturdays from 7:30-11 :30 am. Thank you.
Respectfully,
Wendy and Jim Kloek
.
.
.
.
.
.
ORDINANCE NO.:
AN ORDINANCE AMENDING THE STILLWATER
CITY CODE TO ADD, CHAPTER 32-1,
ENTITLED SUBDIVISION
The City Council of the City of Stillwater does ordain:
1. ADDING. The Stillwater City Code is amended by adding a new Section 52-1, subd.
4( 1 )(g), that will hereafter read as follows:
"g. When land conveyed is not a "subdivision" within the meaning of this
code, but is a conveyance of less than a whole parcel of land as
charged in the tax list pursuant to Minn. Stat. S272.162, the
Community Development Director is authorized to review and process
the request for certification. If the Director deems it appropriate, the
Director may impose reasonable conditions of approval of a
certification. "
2. SAVING. In all other ways, the City Code remains in effect.
3.
EFFECTIVE DATE. This ordinance will be in full force and effect from and after its
publication according to law.
Enacted by the City Council of the City of Stillwater this _ day of April, 2002.
CITY OF STILLWATER
Jay L. Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
-~
/
.
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Administrator Hansen
SUBJECT:
Good Morning America Broadcast
DATE:
4/12/2002
The morning news program "Good Morning America" has decided to broadcast from
rural America. They have selected Minnesota as one of the first states to visit and to our
good fortune they have selected Stillwater as the community to visit. They will broadcast
from here on Tuesday, April 30, from 6:00 a.m. - 8:00 a.m. They will be intown from
Sunday through Tuesday.
This is a fantastic opportunity to have the City of Stillwater portrayed in a positive light
on national television. In my opinion this is an opportunity the City should relish and
work hard to assure that all goes well. We couldn't buy this type of publicity!
.
Although the City has an ordinance regarding Motion Picture Production Permits and it
does include television movies and television commercials, I'm not sure it is totally
applicable in this instance. I also question whether we want to recover costs for
extraordinary services as their presence will be a community benefit.
Enclosed for your review is a copy of the ordinance.
This matter is on the agenda for discussion under communications and requests.
.
...
\
LICENSES, PERMITS AND PROHIBITIONS
~ 41-5
Sec. 41-4. Peddlers and solicitors.
Subd. 1. Registration. No solicitor, peddler,
hauler or transient vendor of merchandise, with-
out having been requested or invited to do so by
the owner or occupant, shall enter a private
residence of the city for the purpose of soliciting
orders for the sale of goods, wares and merchan-
dise, or for the purpose of disposing of or peddling
or hauling such goods, wares and merchandise,
without first registering with the city. The city
police department is authorized to use the CJDN
terminal to run background checks on solicitors
and peddlers that register with the city.
Subd. 2. Form; contents. The registration must
be completed on a form approved by the city clerk
and must include the following information:
(1) The name of the applicant and the per-
sons associated with the applicant in the
business;
(2) Type of business;
(3) The length of time expected to solicit or
peddle; and
(4) The present place of business.
Subd. 3. Notice prohibiting peddlers. Any resi-
dent of the city who Wishes to exclude peddlers or
solicitors from ,premises the resident occupies
may place upon or near the usual entrance to the
premises a printed placard or sign bearing the
following notice: "Peddlers and Solicitors Prohib-
ited." The placard must be at least 33/4 inches long
and 33/4 inches wide and the printing thereon
must not be smaller than 48 point type (one-half
inch). No peddler or solicitor may enter in or upon
any premises or attempt to enter in or upon any
premises where the placard or sign is placed and
maintained.
Subd. 4. Loud noises and speaking devices. No
peddler, nor any person in his behalf, shall shout,
make any cryout, blow a horn, ring a bell or use
any sound device, including any loudspeaking
radio or sound amplifying system, upon any ofthe
streets, alleys, parks or other public places of the
city or upon any private premises in the city
where sound of sufficient volume is emitted or
produced therefrom to be capable of being plainly
Supp. No.3
heard upon the streets, avenues, alleys, pare
other public places, for the purpose of attracting
attention to any goods, wares or merchandise.
Subd. 5. Use of streets. No peddler shall have
any exclusive right to any location in the public
streets, nor shall any be permitted a stationary
location, except by written permission of the city
council, nor shall they be permitted to operate in
any congested area where their operations might
impede or inconvenience the public. For the pur-
pose of this section, the judgment of a police
officer, exercised in good faith, is deemed conclu-
sive as to whether the area is congested or the
public impeded or inconvenienced.
Subd. 6. Use of parks. No peddler is permitted
to operate at any location within the public parks
of the city except by permit given by the parks
and recreation board.
Subd. 7. Right to deny. The city council re-
serves the right to deny permission to any peddler
if the number of peddlers in any park or location
will cause congestion or impede or inconvenience
the public.
(Code 1980, ~ 41.06; Ord. No. 852, ~ 1, 11-.
Ord. No. 856, ~ 1, 4-21-98)
Sec. 41-5. Motion picture production per-
mits.
Subd. 1. Required. No person shall advertise,
engage in, participate in or start any motion
photography production unless a production per-
mit shall first have been obtained from the city. A
motion photography production shall include pro-
fessionally done feature films, television movies
and television commercials.
Subd. 2. Application. Any person seeking the
issuance of a production permit shall file an
application in the office of the city clerk on forms
provided by the city. The applications shall be
filed not more than 180 days before, and not less
than five working days before the commencement
of production. The application shall be signed,
under oath, by an authorized representative of
the applicant. The application shall contain the
following information:
(1) Locations of production.
.
CD41:9
.~
~ 41-5
STILLWATER CODE
. (2) Duration and type of the production.
(3) Proof of general liability insurance cover-
age in the amount of at least $1,000,000.00
with the city named as an additional
insured.
(4) Proposed use of city resources.
(5) Necessary closures of public streets or
sidewalks.
(6) A person designated as responsible to
fulfill the obligations of the applicant and
authorized to accept service of process by
mail for the applicant in the state.
Subd. 3. Restoration of property. If some or all
of a production is to take place on public or
private property, not at a studio, and the produc-
tion involves the erection of temporary structures
or temporary modification of an existing structure
or the introduction of an object or substance onto
the property, the applicant for the production
permit shall be required to restore the property to
the condition existing prior to the production. In
addition, the city shall require that the applicant
arovide a performance bond in an amount to be
determined by the city, to ensure the restoration.
All restoration work shall be performed by con-
tractors duly licensed by the city.
Subd. 4. Costs for extraordinary services. The
city shall recover direct costs for extraordinary
services rendered in connection with a produc-
tion. Such costs shall include, but not be limited
to, charges for personnel and equipment commit-
ted in support ofthe production which are outside
the normal scope of governmental services. Based
on the information contained in the permit appli-
cation, an estimate of these costs will be provided
to the applicant prior to issuance of the permit. At
the conclusion of the production, actual costs
below or in excess of the estimates will be re-
funded by the city or paid by the applicant,
respectively. The city is under no obligation to
provide city personnel or equipment, and such
shall be provided only if the city council approves.
Subd. 5. Denial or revocation. A permit shall
be denied if the applicant does not meet the
requirements of this section and may be revoked
.
Supp. NO.3
by action of the city council, after notice and a
hearing upon a finding of noncompliance with
conditions of a permit.
Subd. 6. Temporary permits. Notwithstanding
any provision of this section to the contrary, the
city coordinator is authorized to issue temporary
permits upon such compliance with the terms of
this section as he deems necessary to protect the
safety and welfare of the city.
(Ord. No. 796, 10-18-94)
Sec. 41-6. Regulating towing companies and
requiring licenses therefore.
(1) License required. All individuals, firms or
companies providing police ordered tow truck or
towing services within the City of Stillwater must
have a towing license according to the terms of
this ordinance and any reasonable regulations
adopted by the city council in furtherance thereof.
(2) Issuance. The licenses may be issued by the
city clerk with the advice and consent of the
director of public safety.
(3) Fee. The license fee is $100.00 and may be
changed from time to time by resolution of the
city council. License fees are due on the 1st of
January in each calendar year.
(Ord. No. 866, ~ 1-3, 10-20-98)
CD41:10
~
BOARD OF WATER COMMISSIONERS
,
.
204 North Third Street
P.O. Box 242
Stillwater, MN 55082-0242
Phone: 651-439-6231 . FAX: 651-439-4061
To the Mayor and City Council
City of Stillwater, Minnesota
In compliance with Article XIII, Section 12, ofthe City Chart, I respectfully submit the Financial
Statement ofthe Board of Water Commissioners for the year ended December 31, 2001.
~l(~~
~-McKnight
Secretary
.
.
INVENTORY
DECEMBER 31, 2001
A. Pipe and Fittings
1. Curb Boxes and Repair Lids
2. Black and Galvanized Pipes
3. Service Pipe Fit tings
4. Ductile Iron Watermain
5. Watermain Fittings
6. Main Valves
7. Main Valve Boxes
8. Lead, Hemp, Mise
9. Copper Service Pipe
B. Brass Goods
1. Stops and Cocks
2. Valves, etc.
3. Copper Fittings,
C. Tools and Supplies
1. Hydrant Repair Parts
2. Meter Repair Parts
D. Hydrants
E. Meters
"
,
.
$ 2,358.89
939.98
1,544.58
1,489.12
13,975.39
4,283.56
2,140.44
821. 38
2,999.16 $30,552.50
1,627.01
1,189.65
3,409.02
6,225.68
5,214.73
3,002.74
-0-
12,735.30
.
8,217.47
-0-
12,735.30
$57,730.95
.
'r'"
.'
.
2001
BOARD OF WATER COMMISSIONERS
MILES OF MAIN HYDRANTS HYDRANT VALVES
Prior to 2001 79.74 843 829
Installed 2001 1. 75 22 22
81. 49 865 851
MAIN VALVES
925
26
951
STORAGE CAPACITY
Settlers Ave Reservoir
750,000 Gallons
500,670 Gallons
500,000 Gallons
1,500,000 Gallons
3,250,670 Gallons
PUMPING CAPACITY
GALLONS GALLONS GALLONS
PER MIN PER HR. PER DAY
617 37,020 888,480
1,037 62,220 1,493,280
428 25,680 616,320
1,125 67,500 1,620,000
935 56,100 1,346,400
1,067 64,020 1,536,480
1,012 60,720 1,457,280
6,221 373,260 8,958,240
Lily Lake Tank
Laurel Street Reservoir
Tower Drive Tank
III Third Street Pump
115 Olive Street Pump
116 Fourth Street Pump
118 Sunrise Avenue_ Pump
. 119 Tower Drive Pump
1110 Orleans Street Pump
1111 Settlers Avenue Pump
--------------------------------------------------------------------------------------
Consumers Registered Prior to 2001
Consumers Registered During 2001
Discontinued Services During 2001
Total in Service
5,186
139
~
5~325
.
'.
.
GALLONS PUMPED
(IN THOUSANDS)
THIRD OLIVE FOURTH SUNRISE TOWER ORLEANS SETTLERS
MONTH STREET STREET STREET AVENUE DRIVE STREET AVENUE TOTAL
January 1,985 2,275 18,807 5,748 1,632 16,346 46,793
February 1,667 2,205 17 ,009 11,626 9,555 42,062
March 1,832 2,740 18,702 11 ,097 12,046 46,418
April 15,318 5,605 4 23,969 44,896
May 10,531 4,546 10,318 8,234 23,449 57,082
June 5,197 3,315 18,320 14,434 779 4,356 19,224 65,625
July 1,789 20,145 18,858 14,774 18,664 6,090 35,262 115,582
August 14,303 19,079 63 10,041 12,860 35,789 92,135
September 5 7,977 18,542 5,285 4 4,384 27,988 64,185
October 2,168 1,853 19,354 1,303 26,789 51,467
November 2,610 18,699 17 ,411 867 6,209 45,796
December 2,661 19, 150 7,589 17,287 46,688
45,763 59,360 202,443 66,608 72 ,001 35,928 236,626 718,729
July - Most water pumped in one month 115,582,000 gallons. .
July 14 - Most water pumped in one day 5,762,000 gallons.
July - We pumped an average of 3,728,000 gallons per day.
March - We pumped an average of 1,497,000 gallons per day.
.
,.
.
STATEMENT OF WATER PUMPED
1997 1998 1999 2000 2001
January 49,999,000 46,278,000 47,519,000 47,418,000 46,793,000
February 45,004,000 41,204,000 41,372,000 43,724,000 42,062,000
March 47,113,000 44,509,000 46,487,000 45,238,000 46,418,000
April 47',566,000 51,663,000 48,026,000 53,083,000 44,896,000
May 63,747,000 67,677,000 57,246,000 68,091,000 57,082,000
June 87,133,000 55,185,000 59,701,000 60,488,000 65,625,000
July 56,564,000 88,747,000 89,934,000 81,729,000 115,582,000
August 67,521,000 66,244,000 68,376,000 87,598,000 92,135,000
September 53,520,000 79,200,000 60,986,000 72,853,000 64,185,000
October 50,189,000 48,026,000 55,940,000 62,509,000 51,467,000
November 44,220,000 43,479,000 47,071 ,000 43,969,000 45,796,000
December 45,720,000 46,006,000 47,597,000 48,930,000 46,688,000
658,296,000 678,218,000 670,255,000 715,630,000 718,729,000
PUMPED AVERAGES
PER PERSON
PER MONTH PER DAY PER DAY
. 1997 54,858,000 1,803,550 113.38
1998 56,518,000 1,858,130 115.63
1999 55,854,000 1,836,310 114.28
2000 59,636,000 1,960,630 121.08
2001 59,894,000 1,969,120 130.03
2001 POPULATION 15,143
.
;,.
Diane Ward
FYI
From:
Sent:
.~~ject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, April 11 , 2002 12:20 PM
Wally Abrahamson
Washington County Board Agenda - 4/16/02
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
April 16, 2002, 8:30 a.m.
8:30 - Reception for Don Wisniewski, Director of Transportation and Physical Development
2001 Urban County Engineer of the Year
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 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 - Transportation and Physical Development * Don Theisen
A. Recognition for Donald C. Wisniewski, 2001 Urban County Engineer of the Year
B. Hardwood Creek Trail Construction & Maintenance Agreement with Forest Lake
5. 9:35 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director
Review of Gravel Tax Collections
6. 9:45 - General Administration * Jim Schug, County Administrator
A. Revised Implementation Strategy for the Water Governance Project
B. Legislative Update
7. 10:25 - 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 substantive board action
during this time. Any action necessary because of discussion will be scheduled for a
future board meeting.
8. Board Correspondence
__ 9. 10:45 - Adjourn
10. 11:00 to 12:00 - Board Tour of the New Woodbury Library and Indoor Park
1
~,
************************************************************************************
'~
'.
Meeting Notices
Reminder: No Board Meeting on April 30, 2002 * 5th Tuesday
April 16 - Housing and Redevelopment Authority Board
3:30 p.m., 1584 Hadley Avenue North-Oakdale City Hall
.
April 16 - Public Health Advisory Committee
5:30 p.m., Washington County Government Center
April 17 - Plat Commission
9:30 a.m., Washington County Government Center
April 18 - Metropolitan Transportation Advisory Board
2:00 p.m., 230 East 5th St., Mears Park Centre * St. Paul
April 18 - Workforce Investment Board
8:30 a.m., Washington County Government Center
April 18 - Parks & Open Space Commission
7:00 p.m., Washington County Government Center
* * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * *
Washington County Board of Commissioners
Consent Calendar * April 16, 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 April 16, 2002 Board meeting minutes.
B. Approval of revised Government Center Building Security Policy No. 1018.
C. Approval to award bid for office supplies to S & T Office Products for the period April
1, 2002 through March 31, 2005.
D. Approval to appoint Joyce Welander, Grant, to the Minnesota Extension Committee to a
first term expiring December 31, 2004.
E. Approval to appoint Commissioner R.H. Stafford to the Metropolitan 911 Board replacing
Commissioner Wally Abrahamson effective immediately.
Sheriff
F. Approval of contract to receive Federal funds from the Department of Natural Resources
to assist in the enforcement of Boating While Intoxicated (BWI) and other boating safety
laws.
Transportation & Physical Development
G. Approval of contracts with Short, Elliot & Hendrickson ($21,000) and Barr Engineering
($27,000) for milestone one of the Floodplain Mapping Agreement (Grant Funds of $200,000).
H. Approval of contract with Bardroff*s Towing and Recovery Equipment for a towing devise
to be used in road maintenance in the amount of $26,770.
I. Approval of Amendment No.1 to office space leases with the
Universal Title Company, Old Republic National Title Insurance
Title Company.
following Title companies.
Company and Edina Realty
2
....
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
411f-mai1: pat.raddatz@co.washington.mn.us
.
.
3
.~
.
.
Legislative Associates} Inc.
FYI
fr-\ rg~
\mJ(- ! 2
Il\\i
IULl-
1_-
~ j
q.--
P.O. Box 2131
stillwaterj MN 55082
(651) 439-7681
Fax (651) 439-7319
IIOI 30tb Streetj Suite 500
Wasbingtonj nc. 20007
(202) 625-4356
Fax (202) 625-4363
To:
April 8, 2002
Mayor and Council Members
Ed Cain, LAI
Status Report: Federal and State Stillwater Projects
From:
Subject:
Reauthorization of the LeveeJFlood Control Project: As a result of the Corps
Headquarters decision to withhold the funds appropriated by Congress for Stage 3 of the
Flood Control Project, I am working with our Congressional people to reauthorize the
project in the Water Resources Development Act of 2002 (WRDA). The language I have
proposed "directs" the Corps to construct Stage 3 of the project, and increases the total
project costs from $11.6 million to $13. 8 million. We are also permitted to exceed the
authorized amount for the project by 20%, if necessary. We do not have the plans and
specs for Stage 3 completed at this time, so the $2.2 million increase is a "best guess"
figure.
LeveeJFlood Control Project: The Mayor's testimony was submitted to both the
House and Senate Energy and Water Appropriations Subcommittees last week as
required by the Committees. Even though the Corps has not released the funds for FY
2002 yet, the additional $1.5 million requested will be needed after the authorization has
been amended. The Committee will probably mark-up the bill in late Mayor June, when it
will move along to a full committee mark-up before it goes to the House and Senate Floor
for action by Congress. I anticipate Congress completing their work in early to mid October
since this is an election year.
Stillwater Armory: We have begun a major push on the funding of a new Stillwater
Armory in this Session of Congress. Letters have been sent to the Defense
Appropriations Subcommittee, we're working with the State Department of Military Affairs,
I'll be meeting with the Committee Members and/or staff next week, Congressman Luther
has been working with Congressman Sabo on the Appropriations Committee, letters are
going out from the Mayor on behalf of the Council, and other actions. I will also be meeting
with the Senate people next week to get them up with the House actions.
Stillwater Bridge: I have been working with Mark and Michele on the extension of the
time frame for the construction of the bridge. We have provisions in both the House and
the Senate Transportation Bills that extend the time frame by one year. As you may recall,
the MnDOT wanted to end any State obligation for the construction of the bridge last year,
and we were successful in extending it through July, 2002. The provision this year will
keep the bridge on MnDot's "to do" list through July, 2003. Hopefully we can get
something moving by then. The House and Senate Conferees are currently meeting to
resolve the differences in the two bills.
Brown's Creek: I have been providing background information and working with Mark
and Michele on the Brown's Creek issue.
.
.
March 29, 2002
The Honorable John P. Murtha
Ranking Member
Defense Appropriations Subcommittee
2423 Rayburn House Office Building
Washington, D.C. 20515
Dear Jack:
J am writing in support of the State of Minnesota's efforts to build a new Anny National Guard Training
and Community Center in Stillwater, Minnesota.
The I st Brigade, 34'" Infantry Division is currently assigned.to the old Stillwater Training &
Community Center. This facility, constructed in 1922, has deteriorated extensively and is substandard with
respect to Minnesota State building and heal,th codes_ Th.e facility is functionally inadequate to support the
requirements of tbe assigned unit and there are acute space deficiencies in classrooms, training areas,
administration facilities, secured equipment storage and civilian/military parking. These functional deficiencies
adversely affect the ability of the unit to effectively train for the accompJisbmen.t of its assigned mission.
The Minnesota National Guard Adjutant General and the Department of Military Affairs have ranked
the StiUwater Armory as the highest priority among the many armory needs of the State. Both the Minnesota
State Annory Commission and the City have aHocated funds for the design and plans of me new facility. .
The Guard takes an active role in the community, making its facilities available for Boy Scout Troops,
community events and reereational aetivities. In 1991, the City of Stillwater purchased and donated eight acres
for the purpose of constructing of constructing a new National Guard Armory_ The city bas plans to maximize
the use of the Training and Community Center by cxpandin.g the 39,615 square feet required by the Guard to
10,000 square feet. The expansion would include a second floor to provide large community classrooms and
other amenities at no cost to the federal government, but would be available for use by the Guard as needed.
. As you begin ~rafting the fiscal year (FY) 2003 Defense Appropriations bilJ, I respectful1y request that
tbe legislation include $4.5 million for a Training & Community Center at Stillwater, Minnesota. The state and
local share of this project is $1.5 million for a total cost of $6 million. .
I realize the difficult task you face crafting legislation considering the numerous worthy projects vying
for federal resources. Thank you for your consideration of this request and I look forward to working with you
to advance this important project.
Sincerely.
BlLLLUTHER
Member of Congress
Cc: The Honorable Dave Obey
e
~
Metropolitan Council
Building communities that work
.
March 26, 2002
The Honorable Jay Kimble, Mayor
City of StiIlwater
216 North Fourth Street
Stillwater, MN 55082
APR - 4 2002
Re: StiIlwater Comprehensive Plan Update
Metropolitan Council District 12 (Marc Hugunin, 651-430-3515)
Metropolitan Council Referral File No. 14835-16
.
Dear Mayor Kimble:
At its meeting on March 13,2001, the Metropolitan Council completed its review of the Stillwater Comprehensive
Plan Update. The Council found that the city's comprehensive plan meets all Metropolitan Land Planning Act
requirements for 1998 plan updates, is in conformity with the regional system plans for aviation, recreation open
space, transportation and water resources management, is consistent with the Regional Blueprint, and is compatible
with the plans of adjacent jurisdictions. The Council adopted the attached Review Record and the following
recommendations with respect to the city's plan.
1. The city of Stillwater may place into effect its 1996 Comprehensive Plan as amended and updated by the 2001
Plan Addendum.
2. The city may implement its comprehensive plan with the understanding that the city needs to reduce its peak
wet weather flows. The city shall prepare an inflow and infiltration study addressing the high flows to the
system during the April 2001 flood and submit it, along with an implementation plan, to the Council as part of
the city's Tier II Comprehensive Sewer Plan.
3. If the city has plans to alter, expand or improve its sewage disposal system, it must first submit the Tier II
comprehensive sewer plan to the Council for its approval.
MN Statutes 473.864, Subd. 1, requires local governments to adopt the comprehensive plan with any required
modifications within nine months following a fmal decision. We request two copies of your fmal plan once it is
revised to include all the information that was submitted. One copy will be placed in the Council library and the
other will be placed in the working file for Planning and Technical Assistance. In addition, please send us
documentation indicating that the city adopted or amended any official local controls to implement the
comprehensive plan.
We congratulate you and your staff for preparing a well-organized, thoughtful plan that both guides development in
the city of Stillwater and helps accomplish Smart Growth for housing, transportation and land use within the region.
Sinc~
;:t 1~
Ted Mondale
Chair
Cc:
Steve Russell, Community Development Director, City of Stillwater
March Hugunin, Metropolitan Council District 12
Eli Cooper, Director Planning and Growth Management
Michael King, AICP, Principal Reviewer
Victoria Dupre, Sector Representative
Cheryl Olsen, Referrals
.
V:\Library\Cornrnundv\Referral\Letters\2002 Letters\Stillwater CPU 14835-16,doc
www.rnetrocouncil,org
Metro Info Line 602-1888
230 East Fifth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1000 . Fax 602-1550 . TIT 291-0904
An Equal Opportunity Employer
PRESIDENT
JOHN H. SCHULTE IV
515 South Washington Ave,
Albert Lea, MN, 56007
(507) 373-4876 (0)
(507) 373-0525
PAST PRESIDENT
LYNN P. CASWELL
580 Dodge
Elk River, MN, 55330
(763) 44] -2072 (0)
(763) 441-5600
PRESIDENT ELECT
PETER W. BLETHEN
1960 Premier Drive
Mankato, MN, 5600]
(507) 625-4] 71 (0)
507) 243-3534
SECRETARY
LA VA YNE R. DUPSLAFF
14241 205th Street N,
Scandia, MN, 55073
(651) 433-3421 (0)
(65]) 433-5483
TREASURER
HAROLD C. PETERSON
2500 W Co, Road 42 # 120
Bumsville, MN. 55337
(952) 890-6044 (0)
(651) 633-5524
NSPS GOVERNOR
GARY F. CASWELL
A-703 Gov't Ctr Survey Div..
Mpls, MN, 55487
(612) 348-3133 (0)
(763) 441-891]
DIRECTOR
JOHN C. HOSFIELD
415 W, North Street
Owatonna, MN. 55060
(507) 451-4598
(507) 451-0334
DIRECTOR
DA VID S. LAND ECKER
4646 CR II, PO Box 120
Pequot Lakes, MN, 56472
(2] 8) 568-4940 (0)
(218) 562-54]]
DIRECTOR
DUANE A. KYROLA
6073 Helm Road
Duluth, MN, 558] I
(218) 723-4960 #3522 (0)
(218) 729-9885
DIRECTOR
DALE L. BERNTSEN
15 East 1st Street
Duluth, MN, 55802
(218) 727-8796 (0)
(2] 8) 729-9664
DIRECTOR
PETER W. JENKINS
20 Hilltop Lane, Apt. 209
Mankato, MN. 56001
(507) 389-6863 (0)
(507) 625-490]
EXECUTIVE DIRECTOR
SHARON A. HARRIS
200] Board of Directors
Fax and e-mails in Roster
Minnesota Society of Professional Surveyors
Established as Minnesota Land Surveyors Association in 1953
Affiliate of American Congress on Surveying and Mapping
April 8, 2002
The Honorable Jay Kimble
Mayor, City of Stillwater
216 North Fourth Street
Stillwater, MN 55082-4807
Re:
High Resolution Digital Elevation Model (DEM) and
Digital Floodplain Mapping
Dear Mayor Kimble:
The Federal Emergency Management Administration (FEMA) has $300 million in the
proposed Federal budget for creation of updated Digital Floodplain Mapping (DEM). The
updated maps will be of great benefit to communities that are struggling with the current
outdated maps and will have benefits well beyond the floodplain and floodway boundaries.
A high resolution DEM is needed to manage our infrastructure and natural resources.
FEMA will be making money available to those States that are ready to begin the mapping
process as Cooperative Technical Partners (CTP).
To begin this process, the Minnesota Society of Professional Surveyors, the Minnesota
Society of Professional Engineers, and the Science Museum of Minnesota are hosting a
meeting scheduled[rom 8:15 A.M. to 4:00 P.M. on May 2nd, 2002 at the Science Museum
of Minnesota to discuss the potential benefits and the process. A copy of the proposed
agenda is enclosed.
.
We hope that you or your representative are able to attend this strategic planning meeting.
Because seating is limited, please send (R.S.V.P.) an e-mail to
beth.tessman@dnr.state.mn.us by April 19, 2002 with your name, organization you
represent, mailing address, e-mail address, and telephone number. If you have any questions
regarding this matter, please contact Obi Sium at Ogbazghi.sium@dnr.state.mn.usor(651)-
296-0444. Thank you.
Sincerely,
Minnesota Society of Professional Surveyors
~~.~
John H. Schulte, IV, L.S.
President
C: Administration
e
5301 South Park Drive Savage, Minnesota 55378
Phone (952) 226-6991 Fax (952) 226-3738 Toll Free 1-800-890-LAND
Email: sharon@themanagementco.com Web Site: http://www.mnsurveyor.com
.
Minnesota State Digital Elevation Model (DEM)
and Floodplain Mapping Workshop
Science Museum of MinnesotJI
(Argon Room, Level 6)
120 West KelJogg Blvd.
St. Paul~ Mn 55102
Thunday May 2, 2002
8:15 AM - 4:00 PM
A~enda
8: 15 - 8:45 Registration and check in, coffee and refreshments
8:45 - 9:00 Welcome
Steve Morse, Deputy Commissioner, DNR
Douglas Weiszhaar. Deputy CoromissionerfCbiefEngineer, MnIDOT
John Schulte, Mn Society of Professional Land Surveyors
9:00 - 9:20 Why Higil Resolution Digital Elevation Model (DEM)?
Dave Gorg, Surveying and Mapping Engineer. MnDOT
Why Floodplain Mapping?
Kent Lokkesmoe, Director, DNR Waters
.
9:20- 9:35 FEMA- The National Pets~-tive: Map Modernization Program
Mike Buckley. Director. FEMA Hazard Mapping Division
9:35 - 10:20 The North Carolina Experience: North Carolina / FEMA
Cooperative Technical Partners (CTP)
John Dorman, North Carolina Division of Emergency Management
10:20 - 10:35
BnaIl
10:35 -11:20 The North Carolina Experience: NClFEMACTPs (continued)
loho~ North Carolina Division of Emergency Management,
11 :20 - 12_ PEMA~s Assistance to NC and how it could translate to Minnesota
- '.,' Mite Buddey/ Ken Hinterlongt Tom Schweitzer
-- '''101m Dorman and FEMA staff
12:00 - 1 :30 Landt on your own - Science Museum or area restaurants
e
Minnesota DEM and Floodplain Mapping WorJuhop (Con't)
Afternoon Sessions
1 :30 - 1 :50 Washington County/FEMA - OEM and Floodplain Mapping CTPs
Ann Pung..Terwedo, Washington County Planning and Zoning
.
1:50 - 2:00 Technology Discussion- LIDARlPhotogrammetry
Mike Leegard, Photogrammetric Engineer, MnDOT
2:00 - 3:30 Benefits of OEM and Floodplain Mapping
Lisa Skipto~ Goodhue Co. Surveyor, facilitating panel presentations
Chuck Fritz, Red River Basin Board, Flooding/floodplain issues
Jay Bell, Soil~ Precision Agricuiture, University of Minnesota
Tim Loesch, Natural Resources - wetlands restorationlmitigatio~ trails,
Mike Leegard, Transportation - Mn.DOT/County engineers, DOQ's,
Dave Claypool, County SurveyorslEngineers, accurate mapping
Dick Chaney, Corps of Engineers - Federal support, waterways
Soil and Water Conservation DistrictslWatershed DistrictslBWSR
3:30 - 4:00 Wrap Up -"Where do we go from herer
Kent Lokkesmoe, DNR WaterS
Mite Buckley, FEMA
Dave Gor& MnDOT
.
- ~..:. ..-----~
",iM,r,'.,.
~.
~=:~~~
. --::~~~--. '..
Note: 11ie Dlee'ii.. will be held in the Argo. Room on Level 6 in the Science Museum
of Minnesota. From,tbe Lobby area, take the elevator up to Level 6. Parking
Information and directions to the Science Museum of Minnesota can be viewed at
http://www.smm.OI'RIvisitorinfolplanyourtrip/directionsltop.php. AdditionaJ infonnation
about the Science Museum of Minnesota can be viewed on the Museum's home page at
http://www.smm.org .
e
.
.
.
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILLWATER MN 55082-4806
(651) 439-1 675 FAX (651) 439-001 2
Board of Trustees Meeting Agenda
Tuesday, April 9, 2002,7 P.M.
1. Call to Order
2. Adoption of the Agenda A+
3. Communications and Public Commentary I
4. Consent Calendar A
A. Adoption of Minutes+
B. Payment of Bills
C. Monthly Activity Report*
D. Other Activity Reports*
E. Web Site Usage Report*
F. Director and Other Staff Reports+
G. Financial Report - if available, we will distribute the first 2002 report on Tuesday
H. Policy Review - See 5 below
5. Change in Replacement Fees (Circulation Policy)
A+
6. Xcel Energy Bill
A+
7. Parking Resolution and Expansion Funding Task Force D
8. Release of 2002 Capital Budget, Part II - Video Shelving & Lighting A *
9. 2002 Budget Situation D+
10. Recision of PERA Legislation 1+
11. Legislative Report I
12. Committee Reports I
13. Other
14, EXECUTIVE SESSION
15. Adjournment
If you are unable to attend this meeting, please call Ann (ext. 17) before 5 P ,M. on Monday, April 8,
2002.
A=Action Item I=Infonnation Item D=Discussion Item
+= Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed
Agenda Item 4. A.
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILL WATER, MN 55082-4806
651 439-1675 FAX 651 439-0012
.
Board of Trustees Meeting Minutes
Tuesday, March 12, 2002
Present:
Bill Fredell, Bill Hickey, Rick Hodsdon, Dick Huelsmann, Victor Myers,
Jessica Pack, ML Rice, Brian Simonet, Andrea Tipple
(All members were present.)
Lynne Bertalmio, Carolyn Blocher
Absent:
Staff Present:
1. Call to Order
The meeting was called to order by President Hickey.
2. Adoption of the Agenda The agenda was adopted with a motion by Tipple and a
second by Pack.
3, Communications and Public Commentary Lynne shared a letter from the chair
of the Newberry Award process commending Gail Nordstrom for her work and
dedication on the recent selection committee. President Hickey agreed to write a letter
on behalf of the Board commending Gail for representing us so well. The Board was
reminded that Gail will present information about her experience at 3:30 p.m. on
Tuesday, April 23.
4. Consent Calendar The Consent Calendar was adopted including payment of
bills totaling $10,539.94. The motion to accept was made by Hodsdon and seconded
by Myers.
.
5. Amend Personnel Policy: New Benefits Section A pro-rated benefits section for
part-time employees was added to the Personnel Policy with a motion by Hickey and
a second by Tipple.
6. Report on the Library Expansion Workshop Session with the City Council-2/19/02
Members ofthe Board and staff met with the City Council on February 19, to present
the findings of the Fundraising Feasibility Study and outline the next steps in the
expansion process. The Council passed a resolution directing Larry Hansen to work
with the library over the next 60 days to resolve where parking should be built and to
develop the framework for the public funding of the project. The Council
congratulated the Library Board for having the courage to conduct the study. Council
members also raised questions about operating costs in an expanded facility.
7. Parking Resolution and Expansion Funding TaskForce . Bill Hickey, Dick
Huelsmann, Larry Hansen, and Lynne Bertalmio are working on a report for the City
Council. Several parking options are being studied. The report is due in April.
8. Release of2002 Capital Budget, Part I It was motioned by Rice and seconded by .
Hodsdon to request release of Part I of the 2002 Capital budget. The motion passed.
9. 2002 Budget Situation There are still questions about how Legislative decisions
wi II affect city budgets. At this moment, staff is being more careful than usual about
. the timing of expenditures.
10, MLA Legislative Day Wednesday, February 20 was Minnesota Library
Association day at the State Capitol. Board members Hickey and Myers and Director
Bertalmio attended. They were able to meet with one legislator and left messages in
the offices of others,
11. Release of Board Inforrnation Board members were reminded that their names and
addresses are public inforrnation. Phone numbers, e-mail addresses and other
personal inforrnation are private data unless a member wishes it released. If yes, a
release forrn must be signed annually.
12. Task Force/Committee Reports The Public Relations/Public Information
Committee inforrned the Board that it is scheduled to meet next week and will report
on plans for the 100th anniversary celebration.
13. The meeting adjourned at 7:43 to an Executive Session to discuss negotiations with
the union.
14, The norrnal Board meeting resumed at 8:00. A motion was made by Hodsdon and
seconded by Myers to authorize the Executive Committee to make decisions
regarding the remaining issues in the union contract. The motion passed.
.
15. Adjournment
The meeting adjourned (again) at 8:06 p.m.
.
Chair:
Call To Order
Agenda:
Minutes:
Treasurer:
Attorney:
Planner:
Engin..eer:
Ckrk:
Committees:
People: 8:00PM
Old Business:
New Business;,.
Adjourn
N21e.
Stillwater Township
April 11, 2002
LaBoda
.
7:00 p.m.
Regular Meeting, Stillwater Town Hall
Adopt
Approve Minutes: March 28, 2002 Regular Town Board Meeting
1. Claims & Checks
2.
1. Redistricting Resolution
2. Recycling Contract
1. Manure Management
2. Report on Tower Antennae
1. Communcation with Xed re: Tower
2. Stonebrdge Upgrade
1. Misc. .
1. Park Report
1.
1.
1. Town Hall Issues
. Landscaping and Irrigation
. Parking Lot
. Overhead Projector
. Dumpster
. Flag Pole
. Motion Detector Light
.
Sheila-Marie Untiedt Will Not Be Present
CLAIMS PLEASE
.
04/07/2002
Pat BantU
H~K-~~-~~~~ ll;~l
L 1 I Y Ur Ut-'H
r.l:JC:/l:J':>
.
CITY OF OAK PARK HEIGHTS
TUESDAY, APRIL 9, 2002
BOARD OF REVIEW AND
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m.
Board of Review
I.
call '~o Order/pledge of Allegiance/Approval of A~enda
7:20 p.m. II, Depanment/Council Liaison Reports
A. Planning Commission
B. Pa:r1s Commission
C. Cable Commission
D. Water Managemeni: Organizations
E. Other Liaison/Staff Repods
l. St. Croix valley Community Backyard Compos-\; Bin Distribution Event
Reminder - April 20, 2002, 9:00 a.m. - 1:00 p.m.
2. Spring Clean-up Reminder -April 27, 2002,8:30 a.m. - 1:00 p.m.
7:25 p.m. III. VisitorslPublic Comment
Recycling Award
. ThiEl is an opporhmity for the public to a.dch:egS ~heCouncil with question!! or concerns on iaaues not pm of
the regular a.genda. (Please limit commentJ:1 to 3 minutel!l in length.)
7:26 p.m. IV. Consent Agenda. (Roll Call Vote)
A. Approve Bills & Invesi:ments
B. Approve City Council Minutes - March 26, 2002
C. Approve Central St. Croix Valley Joint Cable Commission Revised Budget
D. Approve City Admi.nistrato:r: Job Description
E. Approve Andersen Co:r:poration License Agreement and Authorization for its
Execution
F. Approve Resolution Establishing Precincts and Polling places
G. Authorize Appoinbnent of Summer Interns
H. Authorize Advertisement for Public Works Seasonal Employees
1. Authorize Extension of Lawn Care Contract to 2002 and its Execution
J. Authorize Exl:ension of Stree'~ Sweeping Contract to 2002 and its Execution
K. Approval of Low Bidder V olk Sewer & Water, Inc. for oak park Station Phase 1
Utilil:y & Street Improvement Project
7 :28 p.m. V. public Hearings
. None
Lom TI ON :
RX TIME 04/05 '02 12:20
Hr~-~~-~~~~ LL'~L
1..1 1'( Ur- UI-'H
P.03/03
7 :28 p.m. VI.
New Business
A.
B.
C.
D.
Financial and Managemen1: Reports for 2001
Xcel Energy Ash Disposal Facility (Landfill) Permit Modification Presentation.
2002 Sealcoating and Shiping
Correspondence (Mayor's Request)
8:00 p.m. VII. Old Business
A. Request for TIF Services - Update
B. Shared Services Agreement - Update
8:05 p.m.
VIII. Adioummeni
Socia/gatherin9 at either Applebee's or JOSl1ph '& Family Rcetaurant to follow
.
.
LOCATI ON:
RX TIME 04/05 '02 12:20
TOTi=lL P.03
Hr~-~~-~~~~ i~'~~
.
L 1 I Y Ur Ut-'H
I-'.ldl/ldl
- ....;
CITY OF OAK PARK HEIGHTS
JOINT CITI COUNCIL / PLANING COMMISSION
WORKSESSION
THURSDAY, APRIL 11, 2002
6:15 P.M.
6: 15 p.m.
. 6:30 p.m.
6:45 p.m.
.
LOCATI ON :
Planning Commission Concerns
Council Expecla-tiol'ls
Adjourn
RX TIME 04/05 '02 13:38
TOTAL P. 01
Summary of Proceedings
Washington County Board of Commissioners
March 12, 2002
.
Present were Commissioners Dennis C. Hegberg, District 1; Wally Abrahamson, District 3;
Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District
2, absent. Board Vice Chair Hegberg presided.
Assessment. Taxpaver Services & Elections
Approval of the following actions:
Renew off sale liquor license for SSG Corporation, April 1, 2002 through March 31, 2003;
Renew on/off sale and Sunday liquor license for Meister's Bar & Grill of Scandia, Inc., April
1,2002 through March 31, 2003;
Board workshop held to review the 2002 assessments.
Community Services Department
Approval of the following actions:
Appoint Patty J. Venburg to the Workforce Investment Board as a Small Business
Representative to a first term expiring June 30, 2004;
2002 Cooperative Agreement with Community Services, Sheriff, County Attorney and Court
Administration to administer the Child Support Enforcement Program;
2002-2003 contract with Eastern Minnesota State Operated Systems to provide waiver
services for persons with disabilities; .
Commissioner Rebecca Yanisch, Minnesota Department of Trade and Economic
Development, presented an update on the dislocated worker program and on the merger of
the two State Departments.
General Administration
Approval of the following actions:
February 19 and 26,2002 Board Meeting minutes;
Public Hearing set for April 2, 2002 and public comment period for April I - 30, 2002 for
the HUn Annual Action Plan and proposed CDBG and HOMEprojects for 2002;
Resolution No. 2002-032, support for expanded express bus service on 1-494 corridor and
TH 61 from Hastings to St. Paul and Minneapolis;
Legislative update presented on impact to counties on first phase of budget and proposed gas
tax based on a 50-50 formula of population and needs;
Board correspondence was received and placed on file;
Board workshop held to review the County First Time Homebuyer program.
Public Health & Environment
Approval of the following actions:
Sheriff's Office and the Department of Public Health and Environment through MX Imaging,
to dismantle and dispose ofthe Radiological Unit in the Jail Medical Unit;
.
Board workshop held for an update on reorganization changes for the University of
Minnesota Extension Service.
. Transportation & Physical Development
Approval of the following actions:
Transfer the responsibility of bridge inspection for Bridge No. 97418 on Harrow Avenue to
the City of Forest Lake;
Minnesota Historical Society grant agreement for $15,000 for Historic Courthouse
restoration project;
Renew or enter into three-year highway maintenance contracts for interested cities and
townships beginning July 1, 2002, utilizing rates established by the Full Costing Study;
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for' public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
.
.
Summary of Proceedings
Washington County Board of Commissioners
March 19,2002
.
Present were Commissioners Dennis C. Hegberg, District 1; Wally Abrahamson, District 3;
Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District
2, absent. Board Vice Chair Hegberg presided.
Assessmen~ Taxpaver Services & Elections
Approval ofthe following actions:
Resolution No. 2002-034, application to conduct excluded bingo from Scandia-Marine Lions
Club;
Resolution No. 2002-035, authorization on non-conservation classification;
On sale 3.2 percent malt liquor, on sale wine license, dance permit and consumption and
display licenses for Withrow Ballroom & Event Center, Inc. April 1, 2002 through March 3 I,
2003;
Renew on/off 3.2 percent malt liquor license and consumption and display permit for
Veterans Rest Camp, April 1, 2002 through March 31, 2003;
Resolution No. 2002-036, authorization to seek special legislation for a private sale to former
owner.
Commissioner Reports - Comments - Questions
.
The Commissioners reported on the following items:
Commissioner Hegberg would like the County to support more funding for bed space in
mental health wards; The City of Marine would like to discuss the possibility of
incorporating a County library with the local school system;
Commissioner Stafford reported he continues to receive phone calls and mail on the solid
waste management issue;
Commissioner Peterson asked that the transfer of development rights issue be explored as a
tool for preservation ofland; _
Commissioner Abrahamson reported he has received calls ()n the good job the County did of
plowing the roads during the last snow storm; and he received aletter from the residents of
Raymie Johnson Estates senior housing listing items they would ,like HUD to spend money
on.
Community Services Department
Approval of master contract for administering Dislocated Worker Program services with the City
of Minneapolis.
Financial Services Department
Approval to increase the 2002 Debt Service Budget Revenue by $14,549,146.99 and
Expenditures by $14,610,000. .
General Administration
. Approval of the following actions:
March 5, 2002 Board meeting minutes;
Legislative update presented: Omnibus bonding bill failed; Senate transportation funding
proposal has controversy; Significant cuts in the Human Service programs; Redistricting plan
will be released this afternoon;
Board correspondence was received and placed on file.
Human Resources. Emplovee Safety and Risk Mana2:ement
Approval of the following actions:
Correct document approved on February 26, 2002, ratification of 2002-2004 bargaining
agreement with the County Association of Supervisors: Change the amount of medical
insurance contribution for family coverage for 2003 from $550.00/mo. to $555.00/mo.;
Modify Section 1 of the County Personnel Rules and Regulations regarding department
heads;
Band/grading recommendation for Senior Community Health Specialist to C4-3-J and
approval of new job description;
Ratify 2002-2004 agreement with Teamsters Local 320 Probation Officer Unit.
Public Health & Environment
.
Approval of the following actions:
Resolution No. 2002-037, accepting the BWSR Challenge Grant in the amount of $125,000
and authorizing the County Board Char and Administrator to execute grant documentation on
behalf of the County;
Department of Public Health & Environment to be the fiscal agent for the BWSR Challenge
Grant project.
Transportation & Physical Development
Approval ofthe following actions:
Cooperative agreements with the City of Hugo and Anoka County for design services for the
reconstruction of Anoka CSAH 14 and Washington CSAH,8;
Staff to advertise for proposals for consultant services to prepare an amendment to the St.
Croix Bluffs Regional Master Plan;
Review of2001 highway construction project and overview ofthe planned projects for 2002.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
.
; f\ ~- A[ID .Ai iJtlM
, Mf"f\ q. r.W!.
Summary of Proceedings
Washington County Board of Commissioners
March 5, 2002
r -,; ~
.
---~-~.: i
~
.
Present were Commissioners Dennis C. Hegberg, District 1; Wally Abrahamson, District 3;
Myra Peterson, District 4; and Dick Stafford, District 5. Commissioner Bill Pulkrabek, District 2
absent. Board Vice Chair Hegberg presided.
Assessment., Taxpaver Services and Elections
Approval of the following actions: ,
Resolution No. 2002-029, application for lawful gambling exemption from the Minnesota
Waterfowl Association;
Renew on sale and Sunday liquor license for Point, Inc., April 1, 2002 through March 31,
2003;
Renew on sale and Sunday liquor license for Afton Alps, Inc. for April 1, 2002 through
March 31,2003;
Renew off sale liquor license for AlL Enterprises, Inc. for April 1, 2002 through March 31,
2003;
Renew on sale and Sunday liquor license for Trails End Bar & Grill, Inc. for April 1, 2002
through March 31,2003.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following actions: .
Commissioner Stafford updated the Board on his meeting with legislators to discuss the 911
surcharge; ,
Commissioner Peterson recommended that other Board members attend upcoming
Community Circles meetings; She also recommended if other Board members were attending
caucuses this evening that they introduce the following resolutions: Support legislative
action to increase State transportation funding for highways and support for the high-speed
rail initiative; She also has a meeting scheduled with waste haulers on March 6;
Commissioner Abrahamson will meet with waste haulers on March 8; He also announced
that he will not be seeking reelection as a County Commissioner;
Commissioner Hegberg reported he met with Senator Krentz on water issues and Rice Creek.
Community Services Department
Approval of the following actions:
Appoint David Strafaccia, Small Business Representative, to the Workforce Investment
Board to a term expiring June 30, 2004;
2002 contract with Human Services, Inc. for mental health and chemical health services;
2002 agreement with The American Red Cross of the St. Paul Area to provide emergency
social services and crisis response services for Washington County;
Master grant agreement to operate the Workforce Investment Act Adult and Youth Programs
including the Minnesota Youth Program and Older American Program Funds for the period
April 1, 2002 through March 31, 2005;
2002 purchase of service agreement with Family Violence Network for the period of January
1, 2002 to December 31, 2002.
.
Financial Services Department
.
Approval of Resolution No. 2002-030, authorizing the acceptance of credit cards in receiving
payments to the County.
General Administration
Approval of the following actions:
Missy Millhouse, Stillwater, asked the Board to consider actions taken by the Department of
Transportation and Physical Development to require that she add an additional road right of
way as a condition of her subdivision;
Public hearing scheduled for March 25, 2002 at 9:05 a.m. to consider an addendum to the
Washington County Comprehensive Plan - 2015;
Legislative update presented: House and Senate override the Governor's budget veto; Senate
proposing an increase of the gas tax by 7~; and Internet license tab renewal bill withdrawn
because of a potential negative impact on state revenues;
Support for the MICA position for distribution of the new money from the gas tax by having
more of the formula based on population;
Board correspondence was received and placed on file;
Board workshop held to review proposals for 2002 CDBG funding and use of 2002 HOME
program funds.
Public Health and Environment
Approval of Resolution No. 2002-031, authorizing the Department of Public Health and
. Environment to act as fiscal agent for Metro Local Public Health Association Grant Application.
Re2:ional Railroad Authority
Approval of the following actions:
RRA Meeting Minutes of February 5, 2002;
RRA Authority Property Management Plan;
Resolution No. RRA-2002-001, authorization to negotiate a memorandum of understanding
with the Minnesota Department of Transportation regarding implementation of commuter rail
in the Red Rock Corridor.
Transportation and Physical Development
Approval and execution of Amendment No. 1 to contract with TKDA, Inc. for design
engineering services for road and signal construction at the intersection of CSAH 13 and 4th
Street/Hudson Boulevard in the Cities of Lake Elmo and Oakdale.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
.
Summary of Proceedings
Washington County Board of Commissioners
March 26, 2002
.
Present were Commissioners; Bill Pulkrabek, District 2; Wally Abrahamson, District 3; and
Myra Peterson, District 4. Commissioners Dennis C. Hegberg, District 1 and Dick Stafford,
District 5 absent. Board Chair Pulkrabek presided.
Assessmen~ Taxpaver Services & Elections
Update on the Supreme Court Redistricting Panel's plan for Congressional and Legislative
districts; and timeframe for County redistricting.
Court Services Department
Approval to renew purchase of service agreements with East Communities Family Services,
Forest Lake Youth Service Bureau, White Bear Lake Community Counseling Center, and Youth
Service Bureau, Inc.
General Administration
Approval of the following actions:
March 12 and 19,2002 Board Meeting minutes;
Public hearing held on amendments to the Washington County Comprehensive Plan - 2015;
Resolution No. 2002-041, updating the Washington County Comprehensive Plan - 2015, .'
Ordinance No. 160;
Policy for first time homebuyer assistance program for Washington County residents;
Legislative update presented;
Appointment of Michael Pouliot, Woodbury, to the South Washington Watershed District
Board of Managers to a first term expiring May 1, 2005;
Board correspondence was received and placed on file.
Human Resources Department
Approval to modify Section 15 of the County Personnel Rules and Regulations, Section 15, C.l.
(Vacation Leave).
Public Health & Environment
Approval to apply for an LCMR grant in the amount of $300,000 for the purpose of studying the
sustainability of aquifers in the AftonlW oodbury area.
Transportation & Physical Development
Approval ofthe following actions:
Resolution No. 2002-038, traffic control signal agreement no. 82963M with Minnesota
Department of Transportation;
Resolution No. 2002-039, final payment to Parkos Construction Company for remodeling of .
the contact station at the Lake Elmo Park Reserve;
.
.
.
Resolution No. 2002-040, terminating the uniform street naming and numbering system
agreement with the City of Hugo;
Cooperative agreement with the City of Lake Elmo for CSAH 13 and Hudson Boulevard
north construction;
Cooperative agreement with the City of Oakdale for CSAH 13 and 4th Street north
construction;
Resolution No. 2002-042, traffic control signal agreement no. 82650M with the Minnesota
Department of Transportation;
Traffic signal maintenance agreement with the City of Oakdale for the new traffic signal at
Inwood Avenue (CSAH 13) and 4th Street NorthlHudson Boulevard North;
Traffic signal maintenance agreement with the City of lake Elmo for the new traffic signal at
Inwood Avenue (CSAH 13) and 10th Street North (CSAH 10).
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
Diane Ward
From:
Sent:
To:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, April 04, 2002 12:20 PM
Wally Abrahamson
Washington County Board Agenda - 4/9/02
.
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
April 9, 2002, 8:00 a.m.
8:00 to 8:45 - Reception for Employees Hosted by County Commissioners
National County Government Week
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 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 - General Administration * Jim Schug, County Administrator
A. National County Government Week
B. Legislative Update * John Kaul, Legislative Liaison
5. 9:30 - 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 substantive board action
during this time. Any action necessary because of discussion will be scheduled for a
future board meeting.
6. Board Correspondence
7. 9:50 - Adjourn
8. 10:00 to 11:15 - Board Workshop with Public Health and Environment & Transportation &
Physical Development
Update on the Bay town Well Advisory Area
9. 11:15 * 12:15 - Board Workshop with Administration
Review and Comment on Performance Measurement and Improvement Progress to Date
.
10. 12:15 to 1:45 - Closed Session with County Administrator * Room 520, Financial
Services
1
!
Annual Performance Evaluation
************************************************************************************
Meeting Notices
.eminder:
April 9-
4:00 p.m.,
No Board Meeting on April 30, 2002 * 5th Tuesday
Mental Health Advisory
Washington County Government Center
April 10 - Metropolitan 911 Board
10:30 a.m., 2099 University Avenue West * St. Paul
April 10 * Metronet
12:00 p.m., 1619 Dayton Avenue * St.. Paul
April 10 * MICA
2:00 p.m., Kelly Inn- St. Paul
April 10 - Rush Line Corridor Task Force
3:30 p.m., White Bear Lake City Hall
April 11 - Community Services Advisory
7:30 a.m., Washington County Government Center
April 11 - Metro TAB
12:30 p.m., 230 East 5th St., Mears Park Centre * St. Paul
April 11 - Central Corridor Coordinating Committee
3:30 p.m., 1919 University Avenue West * st. Paul
April 11 - Minnesota Extension Committee
5:00 p.m., 1825 Curve Crest Blvd. - Stillwater
. * * * * * * * * * * ** * * * * * * * * * * *
* * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * *
Washington County Board of Commissioners
Consent Calendar * April 9, 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 March 26, 2002 Board meeting minutes.
B. Approval of the County comments on the Modification of Development, District #1 and
Establishment of Tax Increment Financing, (TIF) District #9.
C. Approval of staff comments on the Minnesota Pollution Control Agency*s General Permit
to Implement the National Pollutant Discharge Elimination System Phase II Program.
Assessment, Taxpayer Services & Elections
D. Approval of resolution for premises permit renewal from the VFW 323 Oak Park Heights to
be used at the Washington County Fairgrounds, Bay town Township.
Transportation & Physical Development
.. Approval to waive tent rental fee for Washington County Historical Society to use tent
wned by Parks/Historic Courthouse for their Hay Lake School event on July 13, 2002.
F. Approval of Resolution, award of bid for play equipment purchase and installation at
2
''t::
the Cottage Grove Ravine Regional Park to Weber Recreational Design, Inc. in the amount of
$48,828.50.
G. Approval of supplemental agreement No. 1 to Contract No. 1579 with TKDA, Inc. for the
environmental and design services for reconstruction of Anoka County State Aid HighWaY",."l.,}
and Washington County State Aid Highway 8 (CSAH 8/14) for a cost not to exceed $38,52~.
H. Approval of resolution to execute Agreement No. 82326 between the Minnesota Department
of Transportation and Washington County for Federal participation in Right of Way ,
Acquisition for S.P. 82-638-10.
I. Approval to set a public hearing for April 23, 2002 for a Comprehensive Plan Amendment
and Rezoning of an eighty (80) acre parcel of property located at 3495 Norman Avenue North
in Bay town Township.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
.'
3