The URL can be used to link to this page

Home My WebLink About2003-04-01 CC Packet . REGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-07 Council Chambers, 216. North Fourth Street April 1, 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 5T AFF REPORTS 1. Police Chief 2.Fire Chief 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on budget cuts Adjourn to Executive Session to discuss personnel issues. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of March 18, 2003 re T.H. 36 Partnership Study Joint Planning Commission/City C inutes and February 26,2003 hop Minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMM 1. Minnesota State Representative Rebecca Otto 2. Diane Rollie, Chamber of Commerce .PEN FORUM The Open Forum is a portion of the Council the meeting agenda. The Council may ta to staff regarding investigation of the c address Council on subjects which are not a part of eply at the time of the statement or may give direction ed. 3. 4. Community Dev. Director City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2003-72, 2. Resolution 2003-73, 3. Approval to han 4. Approval to ha 5. Resolution 6. Approval t Historic 7. Appro Cou ent of bills v he policy on City website links Main St. for the Rivertown Art Fair, requested by St. Croix Events Main St. for Lumberjack Days, requested by St. Croix Events , approving contract renewal with Qwest for T1 line er on Main St. for Christmas at the Courthouse, requested by Wash. Co. nner on Main St. for Stillwater Bridal Fair, requested by Wash. Co. Historic PUBLIC HEARl 1. Request or continuance of hearing for subdivision at 912 Churchill Street. Case No. SUB/03-12. This is the date and time for the public hearing to consider to consider a request from Twin Cities . Habitat for Humanity, Inc., for a subdivision of one parcel, Lots 5 and 6, Blk 5, Holcombe's Addition, into two parcels of 7,500 square feet each in the RB, Two Family Residential District. Notices were sent to affected property owners and published in the Stillwater Gazette on March 21, 2003. (This was continued from the March 4,2003 meeting). 2. This is the date and time for the public hearing to consider the issuance of two new on-sale and Sunday liquor licenses. Notice was published in the Stillwater Gazette on March 21, 2003 UNFINISHED BUSINESS . 1. Possible second reading of Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwat City Code entitled liquor. 2. Possible waiver of fee for rezoning request - Mr. Greethurst NEW BUSINESS 1. Possible approval of right-of-way permit fees (Resolution) 2. Request for Fire Act Grant match (Resolution) 3. Possible approval of plans and specifications and authorizing advertiseme Street Improvements (Resolution) 4. Review and approval of downtown pay parking signage 5. Consideration of request and recommendation regarding fee for use trolley use 6. Consideration of request by Lofts of Stillwater, Inc. for Tax Increm 7. Possible first reading of ordinance to adopt new Internati "iJl Residential Building Code 8. Possible approval Parking fines for Pay Parking Lot (Re 9. Possible approval of Domestic Preparedness Grant B 10. Possible approval of Mutual Aid Agreement (Resol n) 11. Possible authorization for Environmental Assess t Prison * All items listed under the consen enacted by one motion. Ther citizen so requests, in which e separately. rking spaces for Assistance . g Code and International heet Study (EA W) for Territorial PETITIONS, INDIVIDUALS, DELEGATIONS & COMM COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT ..~S (continued) . onsidered to be routine by the City Council and will be arate discussion on these items unless a Council Member or ms will be removed from the consent agenda and considered . 2 . REGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-07 Council Chambers, 216 North Fourth Street April 1 , 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on budget cuts Adjourn to Executive Session to discuss personnel issues. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of March 18, 2003 regular meeting minutes and February 26, 2003 T.H. 36 Partnership Study Joint Planning Commission/City Council Workshop Minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Minnesota State Representative Rebecca Otto Diane RolIie, Chamber of Commerce .PEN 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 2003-72, directing payment of bills 2. Resolution 2003-73, approving the policy on City website links 3. Approval to hang banner on Main St. for the Rivertown Art Fair, requested by S1. Croix Events 4. Approval to hang banner on Main St. for Lumbe~ack Days, requested by St. Croix Events 5. Resolution 2003-74, approving contract renewal with Owest for T11ine PUBLIC HEARINGS 1. Request for continuance of hearing for subdivision at 912 Churchill Street. Case No. SUB/03-12. This is the date and time for the public hearing to consider to consider a request from Twin Cities Habitat for Humanity, Inc., for a subdivision of one parcel, Lots 5 and 6, Blk 5, Holcombe's Addition, into two parcels of 7,500 square feet each in the RB, Two Family Residential District. Notices were sent to affected property owners and published in the Stillwater Gazette on March 21, 2003. (This was continued from the March 4, 2003 meeting). . 2. This is the date and time for the public hearing to consider the issuance of two new on-sale and Sunday liquor licenses. Notice was published in the Stillwater Gazette on March 21, 2003 UNFINISHED BUSINESS . 1. Possible second reading of Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwat City Code entitled liquor. 2. Possible waiver of fee for rezoning request - Mr. Greethurst NEW BUSINESS 1. Possible approval of right-of-way permit fees (Resolution) 2. Request for Fire Act Grant match (Resolution) 3. Possible approval of plans and specifications and authorizing advertisement for bids for the 2003-02 Street Improvements (Resolution) 4. Review and approval of downtown pay parking signage 5. Consideration of request and recommendation regarding fee for use of on-street parking spaces for trolley use 6. Consideration of request by Lofts of Stillwater, Inc. for Tax Increment Financing Assistance PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be . enacted by one motion. There will be no separate discussion on these items unless a Council Member 0 citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 . . . The State of Minnesota Budget Crisis - 2003/2004 and Its Possible Affect on Stillwater, MN State's General Fund Budget $29,000 $28,000 (j) $27,000 . c .2 $26,000. - - :i $25,000. c ~ $24,000 . $23,000 . $22,000 . 2QOO - 2001 Current State Budget . Increase in State Budget 14.120/0 8.390/0 2002 - 2003 2004 - 2005 Bienium Budget Year , . . . . . Stillwater's Operating Budget $9,000,000 $8,000,000 - $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Cuts in Operating Budget Budget After Cuts 2002 2003 Budget Year 2004 Personnel Budget . 260/0 . . Personnel-$6,021,389 D Non-Personnel-$2,160,299 . . . . The Governor's Impact on Loss of State Aid Budget Year Total OSA City Revenue Maximum Cut 50/0 of OSA City 2000 Revenue 2003 $14,390,609 $719,530 2004 $14,390,609 $1,091,253 Aid Cut 0/0 of OSA City 2000 Revenue 5.00/0 7.60/0 The Real Impact 2000 General Fund Revenue 2000 Special Revenue Funds Revenue $7,139,674 $1,024,684 2000 Debt Service Funds Revenue 2000 Capital Projects Funds Revenue $3,195,744 $3,030,867 Total OSA 2000 Revenue: 2003 General Fund Operating Budget 2003 Proposed Aid Cut 0/0 of 2003 General Fund Operating Budget $14,390,969 $8,181,688 $719,530 8.790/0 . . . . . THE CU VlLATIVE IMPACT: 2002-2004 (Using 2003 General Fund Operating Budget as Base) . 2002 Net Loss of HACA $735,225 8.990/0 $719,530 8.790/0 2003 Proposed Loss of LGA $1,091,253 13.340/0 2004 Proposed Loss of LGA & MV Credit TOTAL $2,546,008 31.120/0 THE CUMLATIVE IMPACT: 2002-2004 Including a Freeze on Debt Issuance (HF751/SF748) (Using 2003 General Fund Operating Budget as Base) 2002 Net Loss of HACA $735,225 8.990/0 2003 Proposed Loss of $719,530 8.790/0 LGA 2004 Proposed Loss of $1,091,253 13.340/0 LGA & MV Credit Loss of Normal Capital $1,300,000 15.89% Purchase Debt TOTAL $3,846,008 47.010/0 . . . . Where's the Money As of December 31, 2002 (Estimated) . General Fund Compensated Absences Working Capital Total General Fund Spec~IRevenueFunds Library Design Fund Library Endowments Park Dedication Funds (from developer charges) Recycling Grant Dedicated Police Funds Dedicated Fire Funds Working Capital Rec Center (debt service & capital purchases) Library Parks Dutch Elm (in 2003 budget for forester) Total Special Revenue Funds Debt Service Funds Capital Project Funds Bond Proceeds (for capital purchases only) TIF Levy Wall Permanent Improvement Fund Capital Projects Total Capital Project Funds GRAND TOTAL . $503,282 $2,659,555 $3,162,837 $124,316 $97,672 $117,285 $23,946 $55,936 $9,572 $481 ,803 $7,753 $249,187 $1 ,366 $1,168,836 $5,077,404 $1,110,820 $2,018,754 $449,590 $2,247,003 $2,213,278 $8,039,445 $17,448,522 Fungible Dollars General Fund (Spendable) Compensated Absences $503,282 Where's Worki ng Capital $2,659,555 $2,659,555 I Total General Fund $3,162,837 the Money Special Revenue Funds As of Library Design Fund $124,316 Library Endowments $97,672 December Park Dedication Funds (from developer charges) $117,285 Recycli ng Grant $23,946 Dedicated Police Funds $55,936 31,2002 Dedicated Fire Funds $9,572 Working Capital (Estimated) Rec Center (debt service & capital purchases) $481 ,803 Library $7,753 $7,753 Parks $249,187 $249,187 Dutch Elm (in 2003 budget for forester) $1 ,366 Total Special Revenue Funds $1,168,836 Debt Service Funds $5,077,404 Capital Project Funds Bord Proceeds (for capital purchases only) $1,110,820 TIF $2,018,754 Levy Wall $449,590 Permanent Improvement Furd $2,247,003 Capital Projects $2,213,278 $2,213,2781 Total Capital Project Funds $8,039,445 GRAND TOTAL $17,448,522 $5,129,773 I . . . . . . Spendable Reserves Fungible Revenues Approx. Required For Cash Flow ($8, 181 ,688 X 500/0) $5,129,773 Spendable Reserves -$4.090.844 $1 ,039,929 Spendable Reserves (Cont.) Of the $1,039,929 the City spends approximately $500,000 per year on the City's share of capital projects such as 2003 Street In .provements. Although this fund is partially replenished each year with project balances and retired debt service funds, it could be depleted within only a few years. . . . . . . Request for Budget Cuts Although the Governor's proposal has suggested a $719,530 cut for 2003, it is my belief that the final cuts for 2003 will be less severe. Therefore, I have asked all departments to prepare a 2003 cut of $500,000 to take effect as soon as possible Request for Budget Cuts For this initial round of cuts I have suggested they be across the board based on each departments percentage of total budget. . . . . . . Request for Budget Cuts Additional revenue cuts and cuts in 2004 should be known by this May. In my opinion it would NOT be appropriate to consider across the board cuts at that time as some departments a genuinely more vital to the City than others. Request for Budget Cuts In addition, some departments are recommending revenue increases to offset cuts. If this is to work, the recommendations must be implemented as soon as possible or the proper amount of revenue will not be generated. . . . . . . 2003 Budget Operating Percent of Reduction Department Budget Operating $500,000 Mayor & Council $137,748 2% $10,000 Elections $8,600 0% $0 Administration $538,410 70/0 $35,000 MIS $128,703 2% $10,000 Finance $296,837 3% $15,000 Plant Operations $197,841 2% $10,000 Law/C ity Attorney $239,172 3% $15,000 Community Development $236,163 3% $15,000 Inspection $253,518 3% $15,000 Police $1,924,316 24 Ofc) $120,000 Civil Defense $4,696 00/0 $0 DARE $3,500 001'0 $0 Library $836,948 10% $50,000 Public Works Street $916,489 11% $55,000 Shop $124,015 20/0 $10,000 Signs & Lighting $200,000 2% $10,000 Parks $502,416 6 ok $30,000 Engineering $338,987 4% $20,000 Fire $952,400 12 ok $60,000 U nallocated $328,929 4% $20,000 Special Events $12,000 00/0 $0 TOTAL $8,181,688 10001'0 $500,000 . . . . . . Mayor & Council Information . Requested to cut $10,000 in current operating budget . 2003 approved operating budget is $137,748 . $10,000 represents 7.250/0 of the Mayor & Council's budget Mayor & Council Impacts . Discontinue membership in Association of Metropolitan Municipalities (approx. $4,800) · Consider further reductions in Mayor & Council expenditures or taking remainder ($5,200) from Reserves . . . . . . Administration Information · Requested to cut $35,000 in current operating budget · 2003 approved operating budget is $538,410 · $35,000 cut results in a 6.50/0 reduction in Administration's operating budget . . . . . 10/0 10/0 . Administration . Personnel- $388,044 o Supplies- $8,000 Other Services- $137,266 M iscellaneous- $5,100 Administration Approved vs. Proposed . 2003 2003 Approved Proposed Difference Personnel $388,044 $375,794 - $12,250 Other Services Misc. $8,000 $6,300 - $1,700 $137,266 $' , 8,066 - $' 9,200 Supplies $5,100 $3,250 - $1 ,850 TOTAL $538,L.10 $503,L.' 0 - $35,000 . . . . . . Administration Impacts . Shift portion of Secretary position to Sewer and Parking Enterprise funds . Recording Secretary will not attend Commission meetings . Reduce out-of-state travel . Reduce "City Scene" Newsletter . . . . . . MIS Information . Requested to cut $10,000 in current operating budget . 2003 approved operating budget is $128,703 . $10,000 cut results in a 7.80/0 reduction in the MIS operating budget 140/0 . 0% MIS . Personnel - $72,312 D Supplies- $18,200 Other Services- $37,741 M iscellaneous- $450 . . . . MIS Approved vs Proposed . 2003 2003 Approved Propose_d Difference Personnel $72,312 $72,312 $0 Supplies Other Services Misc. $18,200 $9,900 - $8,300 $37,741 $36,041 - $1,700 TOTAL $450 $450 $0 $~.28,703 $~.~.8,703 -$10,000 MIS Impacts . Software: Eliminated Arcview License for Eng. Dept & cut budget in half for upgrades and compliance . Minor Equipment: Eliminated digital camera for Inspections, hand-held computers for Eng. & purchase of hub for City Hall network . Prof. Services: Reduced consulting budget . Training: Reduced technology training . Reduced general supplies and equipment repair . . . . . . Finance Information . Requested to cut $15,000 in current operating budget . 2003 approved operating budget is $296,837 . $15,000 cut results in a 50/0 reduction in Finance Department's operating budget- . . . . . . 1% FINANCE 30A. . Personnel - $219,378 o Supplies- $8,500 Other Services- $67,159 M iscellaneous- $1 ,800 Finance Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $219,378 $210,378 - $9,000 Other Services Misc. $8,500 $8,500 $0 $67,159 $61,159 - $6,000 Supplies TOTAL $1 ,800 $1 ,800 $0 $296,837 $28' ,837 - $' 5,000 . . . . . . Finance Impacts . Shift portion of Sr. Account Clerk position to Sewer Enterprise Fund . Assessing Fees would be allocated to the originating projects . . . . . . Plant/City Hall Information . Requested to cut $10,000 in current operating budget · 2003 approved operating budget is $197,841 . $10,000 cut results in a 50/0 reduction in the Plant's operating budget . Many fixed costs (heat, electric, telephones) budgeted under Plant Operations . 20/0 PLANT/CITY HALL . Personnel- $43,343 D Supplies- $27,000 Other Services- $123,498 M iscellaneous- $4,000 . . . . . . Plant/City Hall Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $43,343 $43,343 $0 Other Services Misc. $27,000 $' 8,750 - $8,250 $123,498 $123,498 $0 Supplies TOTAL $L.,OOO $2,250 - $1,750 $'- 97,84'- $'- 87,8L-.'- . - $'- 0,000 Plant/City Hall Impacts . Replacement schedule of certain items will occur faster than anticipated . Not as well prepared to fund unforeseen expenses . . . . . . Community Development Information · Requested to cut $15,000 in current operating budget · 2003 approved operating budget is $236, 163 · $15,000 cut results in a 6.350/0 reduction on Community Development's operating budget . . . . . 10/0 . Community Development . Personnel- $197,881 D Supplies-$7,400 D Other Services- $28, 182 Misc. - $2,700 Community Development Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $' 97,88' $'- 92,88'- -$5,000 Other Services Misc. $7,400 $5,700 -$1,700 $28,' 82 $'- 9,882 -$8,300 Supplies TOTAL $2,700 $2,700 $0 $236,163 $221,163 -$15,000 . . . . . Community Development Impact · ~educ'jon in ::>ro.7essiona Services · ~educe a'~'~endance a'~~ Con.~erences/Seminars · ~ec uce SU)) ies · ~aise in ':ees cou d 1e ) o.:-:se~ )udge'~ cu'~s . . . . . . . Building Inspection Information . Requested to cut $15,000 in current operating budget . 2003 approved operating budget is $253,518 10/0 Building Inspection 30/0 . Personnel- $201,898 D Supplies-$7,900 D Other Services- $42,420 M iscellaneous- $1,300 . . . . . Building Inspection Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $20'- ,898 $20' ,898 $0 Supplies $7,900 $4,100 -$3,800 Other Services Misc. $L-.2,L-.20 $37,870 - $L.,550 TOTAL $'- ,300 $650 -$650 $253,518 $244,518 -$9,000 . Building Inspection Impact . Una) e '~:o ':ind $6,000 in ac.di':iona cu"~s in 3ui ding )e )ar~men": anc. )rovide adec.ua':e eve 0.: service . 3ui ding ::>ermi'~ ~evenues .70r 2002 were $1,187,635.30 . . . . . . . CD c: -- EM caO LLre . . , \\.!..!'/ . ~ . . 2003 Total Operations Budget $1 ,924,316 . 10/0 . Personnel - $1,723,918 D Supplies - $55,800 . Other Services - $128,098 Misc. - $16,500 Goal is reduction of $120,000 To achieve this goal it will require the elimination of personnel. . . . . . . Department Deployment The police department has 20 fulltime sworn officers: 2 Administration 14 Patrol 4 Investigators (one narcotics officer; one 1h school liaison officer) 4 Part time Community Service Officers The police department has 4 1h fulltime non-sworn employees 2 Community service officers 2 Office Staff, and 1h time secretary shared with the fire department 2003 Reductions Non-replacement of patrol officer $72,580 Non-replacement of Sec./Dispatcher(7 months) $29,569 Tentative leave patrol officer military $17,498 Removal of investigator (8 months) $ 1,200 Lumberjack Days reimbursement $ 6,500 Other special events reimbursement $ 4.500, Total $131,847 . . . . . . Repercussions: Loss of Officer · Loss of narcotics position: We have been a member of the multi-jurisdictional narcotics position since it started in 1991. · Major narcotic drug arrests · Training ground for employees · Revitalizes employees · Work large cases that cannot be accomplished with a small department · Loss of forfeiture income (approximately $18,000 per year) · Loss of relationships gained from working with other departments and personnel Repercussions: Loss of Secretary/Dispatcher · ~edistri Jution 0': duties to ot ler Jersonne . · ~educed or no service during unc 1 lours and vacations. · S ower customer service ':or rec uested in'~ormation suc 1 as JO ice re Jorts, accident re Jorts etc. · )is Jatc ling no onger done out o'~ our o'::ice. · :Jossi J e sc ledu e c lange. · ncreased overtime. . . . . . . Library Information . Requested to cut $50,000 in current operating budget . 2003 approved budget is $850,048 . $50,000 cut results in a 5.90/0 reduction in Library's operating budget . . . . . 00/0 -'~ . Library . Personnel - $628,885 M iscellaneous- $2,000 Materials ISu ppl ies-$1 08,870 D Other Services- $47,649 . Plant Library - $62,644 Personnel Materialsl Supplies Plant Other Services Misc. TOTAL . Library Approved vs. Proposed 2003 2003 Approved Proposed $628,885 $594,312 $108,870 $100,940 $62,644 $60,744 $47,649 $42,049 $2,000 $2,000 $850,048 $800,045 . Difference -$34,573 -$7,930 -$1,900 -$5,600 $0 - $50,003 . . $600,000 - $500,000 - $400,000 - $300,000 - $200,000 - $100,000- $0- . . Personnel Materials Miscellaneous Se rv ices Plant Personnel Budget Changes · No replacement for benefited part-time employee who has voluntarily resigned · Transfer of some hours of non-public service time to public service · Reduction in seasonal position hours · Wage freeze for all non-union personnel · Some voluntary reductions in hours worked . . . . . . Materials / Supplies Changes · Reduce budgets for all material types: books, audio, video, databases, reference works, & local history · Reduce programming budgets for children and adults · Reduce minor equipment budget Other Services Budget · Eliminate professional services budget for 2003 · Eliminate technology support budget for 2003 · Reduce mileage and conference budgets · Reduce printing and binding budgets . . . . . . Plant - Library Budget · Reduce building repairs budget · Reduce number of telephone lines Consequence of Budget Cuts ./ The Library will have fewer hours of staffing time and fewer people to cover the Circulation and Information Desks. As a result, we will need to close some hours. The Board of Trustees has approved closing on 23 Sundays in 2003, beginning April 13. This will lead to the most savings for the fewest hours of closing. ./ We will purchase substantially fewer items in all material types for the public in 2003 than we did in 2002. ./ The St. Croix Collection will only be open when it can be staffed by volunteers. . . . . . . Consequences (Cont.) ../ Our popular "Roving Librarian" hours in the Children's Room and adult fiction will be greatly reduced. ../ There will be fewer continuing education opportunities for staff. ../ Minor equipment, supplies, printing and binding will be reduced. ../ The public will receive a busy signal on telephone lines more frequently. ../ Some building repairs may have to be delayed. . . . . . . Public Works Information . ~equested to cut $105,000 ':rom :Ju J ic Wor<s . 2003 a J Jrovec_ :Ju J ic Wor<s 0 Jerating Judget is $' ,767,320 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 - $60,000 $40,000 $20,000 - $0 Cuts to Public Works ~ ~:~ f:tJO 0<' ~ . ~ ~0 ~4~ ~ ~ O~ v. ~ f:!j . D 2003 D 2003R . . . . Public Works 10/0 II Personnel- $1,064,154 D Supplies- $226,200 Other Services- $462,666 M iscellaneous- $14,300 Major 2003 Actions Move % employee to sewer department Cut overtime budget by 2/3 Cut part timers from 9 to 4 Cut 1/3 of seal coat budget Adds pressure to increase rates Change shifts, increase plowing time Reduce maintenance activities Impact on street life cycle . . . . . . Public Works $1,000,000 $900,000 - $800,000 - $700,000 - $600,000 - $500,000 - $400,000- $300,000- $200,000- $100,000- $0- Streets Signs/Lts Shop Parks . '03 Budget o '03 Revised Move % employee to sewer department · Justified based on work load · Sewer Fund is currently running a deficit · Rates have not been changed since 1994 . . . . . . Cut overtime budget by 2/3 · Eliminate OT for plowing by splitting shifts, this will double the time to fi n ish · Eliminate OT for weekend clean up by adding a fulltime weekend crew. This may reduce efficiency due to unsupervised crews Cut part-time employees from 9 to 4 · Instead of adding another FT position in the 2003 budget, or privatizing, we added more part-time employees. · PT help even out work load in the summer. · Loss of PT will cause delay in the timely completion of tasks . . . . . . Cut 1/3 of seal coat budget · Seal coating adds life to our street system · In the last "budget crisis" of the 1990s we cut the seal coat budget in half, since then we have slowly increased it back up to the current level. Supplies and Contractual Services · Less consulting and outside contractor . work · Reduce minor equipment and supplies · Sometimes more efficient or necessary to use outside help, cuts will erode service level · Equipment and supplies are necessary to complete maintenance, only so much we can cut . . . . . . Public Works Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $' ,06L.,' 5L-. $999,' 5L. -$65,000 Supplies $226,200 $222,700 -$3,500 Other Services Misc. $L-,62,666 $L-.' 8,666 -$L.L.,OOO TOTAL $'- L-.,300 $' ~(.,300 -$0 $1,767,320 $'- ,654,820 $'- '-2,500 . . . . . Engineering $450,000./ $400,000-/ $350,000-/ $300,000 - / $250,000-/- $200,000-/- $150,000-/- $100,000-/- $50,000-/- $0- Personnel Supplies Misc. Other Services Revenue . 03 Budget 003 Revised Engineering Information . Requested to cut $20,000 from Engineering . 2003 approved Engineering operating budget is $338,987 . . . . . Engineering Approved V5. Proposed . 2003 2003 Approved Proposed Difference Personnel $303,0' 9 $303,000 $0 Supplies $9,900 $8,900 -$1 ,000 Other $23,L-.68 $20,'- .68 -$3,000 Services Misc. $2,600 $2,600 $0 TOTAL $338,987 $33L-.,987 -$L-.,OOO . . . . . . Fire Department Information . Requested to cut $60,000 in current operating budget . 2003 approved operating budget is $952,400 . $60,000 cut results in a 6.30/0 reduction on Fire Dept.'s operating budget Fire Department Information Total budget Less Capital Outlay Total Operating Budget Less Personnel Non-Personnel Oper. Bud. $1,469,839 $517,439 $952,400 $747,510 $204,890 $60,000 I $204,890 = 29.30/0 decrease in non- personnel budget - not practical wit lin the non-personnel budget alone . . . . . 10/0 3% . FIRE . Personnel- $747,510 D Supplies- $33,100 D Other Services- $165,865 M iscellaneous- $5,925 Fire Department Approved vs. Proposed 2003 2003 Approved Proposed Difference Personnel $747,510 $697,354 - $50,156 Supplies $33,' 00 $26,875 - $6,225 Other Services Misc. $165,865 $162,345 - $3,520 $5,925 $5,825 - $100 TOTAL $952,L-.00 $892,399 - $60,00'- . . . . $800,000 $700,000 - $600,000 - $500,000 - $400,000 - $300,000 $200,000 $100,000 $0 - . . Fire Dept. Budget ~ ~~ e:JO 0' ~ 0e:J .~v 0~ ~Cj ~ O~ ~ ~0 R c:> .:>q ~0 0~ v} ~ v. ~e:J Impact - Retains all positions and personnel -Eliminates most overtime for full- time personnel . . . . . . Unallocated Information . Requested to cut $20,000 in current operating budget . 2003 approved operating budget is $328,929 . $20,000 represents 60/0 of the Unallocated budget . . . . . . Unallocated Impacts . Reduce Human Rights Comm. & Charter Comm. Budgets by half ($1,100 and $1 ,000 respectively) . Consider reducing the City's contribution to Community Volunteer Services & Youth Service Bureau . z o en en :J u en c . . ~ '( . . . CITY COUNCil MEETING NO. 03-06 March 18, 2003 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present Absent Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Also Present City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the March 4 regular and executive session minutes with the correction of the vote on Page 8 of 9 where it listed Council member Rheinberger voting twice. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Award from Safe & Sober - Bob O'Brien & Susie Palmer Ms. Palmer and Mr. O'Brien presented Chief Dauffenbach and Officer Nate Meredith with a laser hand held radar unit as an award for Stillwater Police Department's Safe & Sober campaign. Police Chief Dauffenbach commended Officer Meredith and his department for their work on the Safe & Sober campaign. OPEN FORUM Mr. Greethurst requested that Council consider waiving the rezoning fee for his property becau~e when it became a part of the City, it was zoned single family when all the surrounding property was zoned multi-family. Community Development Director Russell stated that the property would require rezoning and a comprehensive plan amendment. He stated that he could provide Council with more information on the history of the property at the next meeting. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to waive the fee. Motion withdrawn. Motion by Council member Rheinberger, seconded by Council member Kriesel allowing Mr. Greeder to make application by the Planning Commission deadline and Council will consider the request to waive fee at their April 1, 2003 meeting. " City Council Meeting - 03-06 March 18, 2003 " STAFF REPORTS . Community Development Director Russell informed the Council that there would be a Joint Board meeting on Wednesday, April 2, 2003 at 7:00 p.m. Public Works Director Eckles stated that in the past the City has participated in the Lily Lake Water Quality Testing. He stated that this year it would cost the City $2,100 to participate in the study that the City has done for the last 8-9 years. He also stated that the data is used to measure the water quality over a period of time. Council member Rheinberger asked what the risk of waiting a year would be. Mr. Eckles stated that the data is not useful on a year-to-year basis; it is used to collect data overtime to see trends and changes. He stated that the lake has been stable and that the recent Lily Lake Water Improvements have only been online, approximately two years would not immediately show an improvement to the water quality of Lily Lake. Councilmember Kriesel supports the continuation of the testing to monitor the changes, but if the engineer feels that skipping a year would not skew the data, he would support every other year. Council member Rheinberger felt that the testing could be done every other year. Mayor Kimble asked what project would go on-line this year. . Mr. Eckles reviewed the project in conjunction with the Our Savior's Lutheran Church construction. Motion by Councilmernber Rheinberger, seconded by Council member Milbrandt not to participate in the Lily Lake Water Quality study this year. Ayes: Councilmembers Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel City Administrator Hansen explained that Items 11-14 of the Consent Agenda are resolutions for the year-end closings for the Finance Department. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-55, directing payment of bills . Resolution 2003-56, Approving transfer from the Capital Improvements Fund to the Permanent Improvements Fund (available Tuesday) Page 2 of 10 ,. . . . City Council Meeting - 03-06 March 18, 2003 Resolution 2003-57, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 17,2003 Resolution 2003-58, Approving the City's Cellular Telephone Policy Resolution 2003-59, Approving amendment to the City's Personnel Policy, Section 14-5 Telephone Use Request to purchase Symantec anti-virus software licenses Resolution 2003-60, reapportioning special assessments for parcel no.'s 33.030.20.22.0047, 33.030.20.22.0048, 33.030.20.22.0049 and 33.030.20.22.0050 pursuant to subdivision of land Resolution 2003-61, accepting work and ordering final payment for 2001 sidewalk improvements (Project 2001-11 ) Resolution 2003-62, approval of Change Order NO.1 for McKusick Storm Sewer/Trail Improvements project (Project 2002-04A) Resolution 2003-63, appointing Ron Nelson as the Stillwater representative on the Request for representative on the Lower St. Croix Management Commission. Resolution 2003-64, authorizing year-end operating transfers, closing offunds & interfund loans Resolution 2003-65, a resolution authorizing an advancement from other City funds to Tax Increment Financing District NO.9 Resolution 2003-66, a resolution authorizing an advancement from other City funds to Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002 Resolution 2003-67, a resolution amending the budget for Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002 PUBLIC HEARINGS 2003 Street Imorovement Proiect Public Works Director Eckles explained the background of the project and the City's assessment policy. Assistant City Engineer Sanders presented an overview of the proposal and estimated costs of the project. Mayor Kimble opened the public hearing. Stephen Polzin, 804 N. Owen, questioned the plan to overlay the gravel on Hickory Street. Scott DeMars, on the corner of Churchill and Holcombe, and also representing Bea Harvieux, asked about communication during the construction process. He also questioned the change in the assessment policy. Mr. Eckles explained that there would be a City engineering staff member on site during construction. Mr. Eckles also explained the assessment deferral policy for senior citizens and people with disabilities. Bill Hieb, 715 South Everett, asked about replacing the water service between Everett and Martha Streets. Mr. Eckles suggested a meeting with the affected property owners to discuss this request. Page 3 of 10 City Council Meeting - 03-06 March 18, 2003 " Michael Hamp, 917 W. Hickory, asked about putting in a fire hydrant at the end of Hickory. Mr. Sanders stated that this is included in the plan. . Joanne Bernard, 911 W. Hickory, stated her concern with raising the road, because her property is lower than the road. Mr. Sanders stated the road will be crowned, and they could look at lowering the road. Amy McKee, 601 4th Street South, asked if their sidewalks will be replaced and how that will affect their retaining wall. Mr. Sanders responded that the sidewalk will be replaced on both sides of Walnut and the retaining wall will not be disturbed. She also stated that she feels the Courthouse and St. Michael's Church have a large effect on the traffic on Walnut and should be assessed accordingly. Scott Sheley, 716 South Harriet Street, discussed the dead end south of Willard Street. He does not see any need for curb and gutter at that end and is worried about the flow of water down that street. He also questioned the assessment on his property. The engineering department will look at the situation since it is unusual. Mary Jo Johnson, 521 West Willard, asked about replacing the catch basin on Willard. Mr. Sanders stated that those catch basins will be replaced and a new catch basin installed on the northeast corner. Don Hargate, 323 South Holcombe Street, asked for a copy of the proposed assessments. He also asked about an appeal process for assessments. . Rick Jacobsen, 917 Holcombe Street, asked about widening the street and how far from the street the sidewalk will be. Mr. Sanders stated it will be widened a foot to two feet. The sidewalk is usually placed one foot off the property line. Lawrence Maslowski, 924 West Willard, stated he did not see a need for a sidewalk on Willard Street. Joe Holmberg, 621 West Willard, stated he would use the sidewalk and supports the project. Ira Frank, 716 West Willard, asked for clarification on the sidewalk on Willard. Mr. Sanders stated he could meet with Mr. Frank and show him the location of the sidewalk on his property. Joe Thompson, 828 Willard, supports the project and the sidewalk on Willard. Lisa Gilliam, 722 South Martha Street, stated that her neighbors believe there is an easement on their property for their water service. She also asked about how Martha Street would be widened without disturbing the trees. Mr. Hieb asked for clarification on how the street is measured. . Page 4 of 10 . . . City Council Meeting - 03-06 March 18, 2003 Mr. Jacobsen asked about working with the Planning Department, and possibly moving his garage because it is so close to the street. Brad Wolff, 721 South Martha Street, asked about the reasons for widening the street. Lisa Gilliam stated that she does not think widening the street is necessary. Mr. Eckles responded that they will look at the issue. Kim Hudachek, 429 W. Pine St., stated they are thinking about widening their driveway and wants to make sure the newcurb will accommodate the driveway. She also is in favor of the new sidewalks. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-68, ordering the improvement and preparation of plans and specifications for the 2003 Street I mprovement Project. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Case No. V/03-13. Consider an appeal of the Planning Commission's decision on a request from Kel Cran for a variance for the construction of a 960 square foot garage on a substandard 5,400 square foot lot with no sideyard setback (5 feet required) located at 801 South Third Street in the RB, Two Family Residential District. Community Development Director Russell reviewed the request and the Planning Commission's denial of the variance. Mayor Kimble opened the public hearing. Mr. Kel Cran, 801 South Third Street, reviewed his request to construct a 960 square foot garage. He stated that the purpose is to have a garage large enough to store the two fire trucks, his car and boat on his property. He stated that there are two examples of oversized garages in his neighborhood. Mr. Cran presented Council with a petition of approval from his neighbors. Mr. Bill Benson, 719 S 3rd Street, stated that he has been working with Mr. Cran on the aesthetics of the garage. He stated that at first he was apprehensive of Mr. Cran's garage, but after talking with Mr. Cran and Mr. Cran being considerate of his neighbors concern and working with the neighbors he is here to support the granting of the variance. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he is not in favor of the 960 square foot garage because it is too much for the neighborhood. Councilmember Milbrandt expressed the same concern that the building is too large for the lot and asked Mr. Cran if he would be willing to make it 16 X 40. Page 5 of 10 City Council Meeting - 03-06 ., March 18, 2003 " Mr. Cran stated that he is willing to make it smaller. . Mayor Kimble stated that there are number of garages in the neighborhood that are oversized, and that having a garage 16 X 40 would not allow for two garage doors. Councilmember Kriesel stated that he understand the Mayor's logic however the Planning Commission asked the same questions and he felt he would have to go with the Planning Commission recommendation. Mayor Kimble provided the history of the Council reviewing appeals from the Planning' Commission. He stated that in the past the decisions by Council have been partially approved because the neighbors were not against the request. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to reaffirm the Planning Commission's denial of the variance. Motion failed. Ayes: Council member Rheinberger and Kriesel Nays: C ouncilmembers Milbrandt, Junker and Mayor Kimble Motion by Council member Junker to approve the variance and allow a 40 X 60 garage. Motion died for lack of second. Motion by Council member Milbrandt, seconded by Council member Junker to approve the variance and allow a 20 X 40 garage. . Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: C ouncilmember Rheinberger UNFINISHED BUSINESS Settina of Public Hearina for Issuance of Liauor Licenses City Administrator Hansen stated that at Council's direction, staff had checked with other cities and the League of Minnesota Cities to see if other cities had criteria with regard to the issuance of liquor licenses. He stated that unfortunately most cities are like Stillwater and have not established any criteria other than "first come, first served." He also stated that the cities of Eagan and Brainerd developed ordinances that diwy up their licenses into categories. He also stated that staff has provided some criteria in the memo for Council's information. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to set the date of the public hearing for the issuance of liquor licenses for Tuesday, April 1, 2003 at 7:00 p.m. or as soon as possible thereafter. All in favor. NEW BUSINESS Adootion of resolution suoool1inf:' thp: F.3rown'~ Gr~~k Protection Initiative . Page 6 of 10 City Council Meeting - 03-06 March 18, 2003 . Public Works Director Eckles stated that the City is currently working with Mr. Mike Campbell, a North Hill resident, to acquire support for a million dollar grant for the North Hill project. He stated that in order to establish the need for the project and enlist support that it would be in the city's best interest to pass an official resolution in support of the project. Council member Rheinberger asked what type of exposure would the City have on this issue, when would the money be available and if there would be any obligation to Mr. Campbell. Mr. Eckles stated that this is a grant however there may be some obligations attached to the grant such as the expenditure of monies on a certain portion of the project. He did not expect any financial exposure. He stated that the money should be available next year if approval was given this year. Mayor Kimble stated that Mr. Campbell has offered his services to benefit the City and the North Hill and he does not expect any obligations from the City. He stated that he has been working closely with Mr. Campbell, who is a resident affected by the North Hill project on this matter at the legislature. He also stated that there is no exposure to the City other than if the City does not get the money there would not be money for the project. Motion by Councilmember Milbrandt, seconded by Council member Kriesel to adopt Resolution 2003-69, resolution supporting the City of Stillwater's Brown's Creek Protection Initiative. All in favor. . Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Accepting of Proposal from Barr Engineering for Storm Water System and Retaining Wall Analysis associated with Territorial Prison site Public Works Director Eckles stated that three years ago the City was working with Barr Engineering to complete the storm water and wall reconstruction for the Territorial Prison site. He stated that Barr Engineer had 80% of the plans and specifications completed when the developer pulled out of the project. Mr. Eckles stated that it appears a new project is imminent and would be feasible for the City to commence with the engineering plans as soon as possible. He stated that the estimated cost for completing the plans and specifications is $19,000 and that the City would have some costs associated with survey property boundaries and easements. He also stated that the costs associated with the project would be charged against the development. Councilmember Rheinberger asked if this study would address some of the upstream problems that exist. . Mr. Eckles reviewed the storm water problems related to the prison site and stated that this study would address how to handle the excess water that comes from upstream. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-70, accepting proposal from Barr Engineering for the completion of storm Page 7 of 10 City Council Meeting - 03-06 , March 18, 2003 water system and retaining wall analysis associated with the Territorial Prison site. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble · Nays - None First Readina of Ordinance No. 934. an or(iinance amendinq ChaDter 43 of the Stillwater Citv Code Entitled Liauor. City Attorney Magnuson stated that this ordinance relates to the payment of liquor license fees by stating that all license fees must be paid annually and kept current even though from time to time the licensed premises is vacant. He also stated that the ordinance states that a license may remain at a vacant location for a period of the remaining calendar year and one year after that after which time the Council would be entitled to grant the license to someone else. He stated that the reason for this ordinance is that the current ordinance does not reflect that liquor licenses should be paid for whether the licensed premises are vacant or not. Motion by Council member Milbrandt, seconded by Council member Rheinberger to approve the first reading of Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code Entitled Liquor. All in favor. Request to use Riverview Parking Lot site for Farmer's Market Community Development Director Russell stated that this request has been approved in the past and recommended that it be approved again this year. . Ms. Wendy Kloek, market manager, inquired if the memorial would be constructed this year. Ms. Julie Kink stated that it is still in the fund raising stage, however some of the sidewalk pavers may be installed this summer. Ms. Kloek stated that she would coordinate with the veterans committee. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the use of the Riverview Parking Lot for the Farmer's Market. All in favor. Approval of Resolution Calling for Hearing on Adoption of Modification to the Development Program for Development District NO.1 and the Proposed Establishment of Tax Increment Financing District No. 10 of the Tax Increment Financing Plan City Attorney Magnuson reviewed the proposed resolution and stated that the public hearing would need to be held at a special meeting. He recommended that Council set the public hearing for Tuesday, April 29, 2003 at 4:30 p.m. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-71, resolution calling for hearing on adoption of modification to the Development Program for Development District No.1 and the proposed establishment of Ta. Increment Financing District No. 10 of the Tax Increment Financing Plan. All in favor. Page 8 of 10 . . . City Council Meeting - 03-06 March 18,2003 Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Council member Junker to adjourn the meeting at 10:15 p.m. Jay L. Kimble, Mayor ATTEST: ~ ./) t?C1 . . .ZtU/~ . e?~. Diane F. Ward, City Clerk Resolution 2003-55, directing payment of bills Resolution 2003-56, Approving transfer from the Capital Improvements Fund to the Permanent Improvements Fund (available Tuesday) Resolution 2003-57, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 17, 2003 Resolution 2003-58, Approving the City's Cellular Telephone Policy Resolution 2003-59, Approving amendment to the City's Personnel Policy, Section 14-5 Telephone Use Resolution 2003-60, reapportioning special assessments for parcel no.'s 33.030.20.22.0047, 33.030.20.22.0048, 33.030.20.22.0049 and 33.030.20.22.0050 pursuant to subdivision of land Resolution 2003-61, accepting work and ordering final payment for 2001 sidewalk improvements (Project 2001-11) Resolution 2003-62, approval of Change Order No. 1 for McKusick Storm Sewer/Trail Improvements project (Project 2002-04A) Resolution 2003-63, appointing Ron Nelson as the Stillwater representative on the Request for representative on the Lower St. Croix Management Commission. Resolution 2003-64, authorizing year-end operating transfers, closing of funds & interfund loans. Resolution 2003-65, a resolution authorizing an advancement from other City funds to Tax Increment Financing District No.9 Resolution 2003-66, a resolution authorizing an advancement from other City funds to Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002 Resolution 2003-67, a resolution amending the budget for Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002. Resolution 2003-68, ordering the improvement and preparation of plans and specifications for the 2003 Street Improvement Project Resolution 2003-69, resolution supporting the City of Stillwater's Brown's Creek Protection Initiative Resolution 2003-70, accepting proposal from Barr Engineering for the completion of storm water system and retaining wall analysis associated with the Territorial Prison site. Resolution 2003-71, resolution calling for hearing on adoption of modification to the Development Program for Development District No.1 and the proposed establishment of Tax Increment Financing District NO.1 0 of the Tax Increment Financing Plan Page 9 of 10 City Council Meeting - 03-06 March 18, 2003 . . . Page 10 of 10 . T.H. 36 Partnership Study Joint Planning Commission/City Council Workshop Minutes February 26, 2003 Mayor Kimble called the Stillwater City Council meeting to order at 6:30 p.m. Present: Mayor Jay Kimble, Councilmembers Gary Kriesel, Wally Milbrandt, and John Rheinberger. Absent Councilmember David Junker. Mayor Beaudet called the Oak Park Heights City Council meeting to order. Present: Mayor David Beaudet, Councilmembers Les Abrahamson, Jack Doerr, Mary McComber, and Mark Swenson. Mayor Kimble turned the meeting over to PAC Co-Chairs Mary McComber and Russell Hultman for welcoming and introductions. Present were Stillwater Planning Commissioners Russell Hultman, David Middleton, Paul Teske, and David Peroceschi, Stillwater Community Development Director Steve Russell, Stillwater Engineer Klayton Eckles, Oak Park Heights Planning Commissioners Mike Liljegren and Mike Runk, Acting Administrator Judy Holst, Oak Park Heights Attorney Mark Vierling, Oak Park Heights PAC representative Mary Ellen Huss, Washington County representatives Joe Lux and Mike Rodgers, MNDOT representatives Rick Arnebeck, Todd Sherman, and Todd Clarkowski, representatives from SRF Beth Bartz, Ken Hulte, and Jeff Bednar. . Rick Arnebeck gave a brief synopsis of what MNDOT sees as the next steps in the process for determining the upgrades to the Highway 36 corridor. MNDOT would like to have official mapping after the outcome of this study or at least a recommendation of what the municipalities would like to have for upgrades. Beth Bartz from SRF presented an overview of the Trunk Highway 36 Partnership Study. In 1999/2000 discussions were held on the S1. Croix River Crossing which resulted ina TH IRC Corridor Management Plan. The S1. Croix River Crossing committee was reactivated in 2002 and hopes to open the new bridge in 2010. The TH 36 PAC committee consisted of 9 representatives from Stillwater, 9 representatives from Oak Park Heights, 2 representatives from Washington County, representatives from MNDOT and consultants. Staff from Oak Park Heights and Stillwater, Washington County, MNDOT, and SRF comprised a Technical Advisory Committee which provided information for the study. . The TH 36 PAC committee's task was to determine, in conceptual terms, what should be done with the corridor. The committee began the process by establishing values. The top three values were determined to be safety, geometric improvements and diversion to iocal streets. They then identified the traffic issues - diversion routes, cut- through routes, continuous east west traffic flows through Oak Park Heights and east west traffic flows in Stillwater between Greeley Street and Osgood Avenue. Other issues identified were safety at intersections, pedestrian crossings, community connectivity, significant planned development, aesthetics, IRC goals, increase in traffic volumes, and lack of sufficient roadway connections. Joint Planning Commission/ City Council Workshop Minutes February 26, 2003 Page 2 of 3 . The committee explored the no-build analysis and determined there would be unacceptable levels of delays at intersections, increased travel times through the corridor, diversion routes would be used to avoid delays on the TH 36/TH 95 route, and there would be increased safety issues/concerns for both vehicle and pedestrian traffic. The committee's findings resulted in 7 concept alternatives: 1. At Grade Concepts A. Expand to 6 lanes with 3 pulled back intersections. B. Expand to 6 lanes with only Osgood Avenue and Oakgreen/Greeley Avenue open intersections, Norell Avenue an overpass. C. Parkway with 4 lanes, speed reduced to 45 mph with 3 pulled back intersections. D. Grade-separated with a single interchange at Osgood Avenue and an overpass at Oakgreen/Greeley Avenue and NorelllWashington Avenue. E. Grade-separated with a single interchange at Oakgreen/Greeley Avenue and an overpass at Osgood Avenue and NorelllWashington Avenue. F. Grade-separated with buttonhook interchanges at Osgood Avenue and NorelllWashington Avenue, overpass at Oakgreen/Greeley Avenue. G. Grade-separated with a split diamond interchange, 2 ramps at Osgood Avenue, 2 ramps at Oakgreen/Greeley Avenue, overpass at NorelllWashington Avenue. . Public involvement included open houses, meeting with stakeholders in the corridor and public attendance of the PAC meetings. An alternative analysis was conducted of all 7 concepts (A - G) of which the PAC committee chose 3 for a detailed traffic operations analysis, concepts B, E, and F. The committee looked at a travel time analysis, illustrative cross sections, prospective sketches, and a bike/pedestrian analysis. During this process an additional two- interchange alternative, Concept H, folded diamond at Oakgreen/Greeley and buttonhook at Osgood was presented to the PAC Committee for consideration. The results of the analysis determined the best alternative was F, grade-separated with buttonhook interchanges and the poorest B, at grade with 2 open intersections. The PAC Committee then adopted their findings and recommendations. The next steps in the process are: 1. Acceptance of the partnership study by the Cities 2. Concurrence with the PAC recommendations 3. Selection of alternative F or H 4. Preliminary design determination of specific interchanges and frontage road locations . 5. Environmental review/layout approval ;, . . . Joint Planning Commission! City Council Workshop Minutes February 26, 2003 Page 3 of 3 SRF presented modeling of various/traffic scenarios for the year 2020. The impact of alternative F, button hooks, would result in the loss of approximately 9 commercial properties and one residential property. The impact of alternative H, folded diamond, would result in the loss of approximately 15 commercial properties and one residential property. The impact of no-build, with pulled back intersections, would result in the loss of approximately 5 commercial properties and 3 residential properties. The meeting was then opened for discussion and questions. MNDOT does not anticipate major reconstruction of the corridor within the next 5 years. The frontage roads would be reconstructed no sooner than 5 years. If the bridge opens in 2020 there is the possibility the highway could be upgraded at the same time if all parties can agree on the alternative for the corridor and funding is available. Federal funding will probably be the best option. The study will be incorporated into the EIS for the St. Croix River Bridge Crossing. MNDOT suggests the issues should be addressed soon to maintain momentum in order to secure funding. Stillwater and Oak Park Heights Planning Commissions were directed to meet to discuss the issue. Both councils will meet after Planning Commissions have met on the issue. Adjourn at 8:38 p.m. Judy Holst Oak Park Heights Acting Administrator , :, LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003- 72 . . AI's Welding American Payment Centers American Planning Association Arch Wireless AT & T Wireless AWl Diversified The Backup Training Corporation Bonestroo,Rosene,Anderlik & Associates Burlington Northern Santa Fee Carquest Catco CDW-G Century Chemsearch Chesley Truck Sales Clarey's Safety Equipment Coca Cola Comcast Cub Exemplar International Fred's Tire Fuhr Trenching Galles Corporation Gopher Bearing Co. Greeder Electric Hennepin Technical Holiday Fleet Ice Skating Institute Integra Telecom Interstate Batteries Jani King of Minnesota, Inc. J-Craft J H Larson Jiffy Lube Johnson Radio Communications Knauss, Chantell Krongard, Leslie Legislative Associates, Inc. MacQueen Equipment Magnuson Law Firm Menards Meyer Enterprises MN Dept of Public Safety MTI Distributing Newman Traffic Signs Nextel North Star Wiper & Ind. Supply Office Depot On Site Sanitation PC Solutions . Equipment Repair Charges Box Service April-June 2003 Books Pager Service Cell Phones Drip Tank Seminar Professional Services TIF 10 Permit Sewer line & Diversion Structure Equipment Repair Supplies Equipment Repair Supplies Anti Virus Software Equipment Repair Supplies, Lawn Mower Bug Spray, Park Restroom Clean Supp Equipment Repair Supplies Inspection Fire Extinguishers, Gloves Concession Supplies Cable Concession Supplies Drug Tests Tires Install lift Station Interlachen, Maint Agrml Can liners and Gloves Chain, links, Springs & Bearings Street light Repair,lift Repai Seminars Fuel Badges for Skating School Telephone Batteries Vehicles Cleaning Service March Goodyear Belts Bulbs for Dome Oil Change Kenwood VHF Mobile Radios Mileage Reimbursed Repair Heater, Remove Freon lily Lake Professional Services Broom, Broom & Mobil G/B4 Section Professional Services Repair Supplies 12 V Neg. Alternator Seminars 52" Scraper Blade Sign Blanks Cell Phones Multi Purpose Ramp, Drum Work Station Office Supplies Northland Park Unit Rental Maintenance Agreement 50.00 78.00 89.90 17.41 342.54 300.00 24.95 1,272.00 90.00 1,265.59 41.77 1,537.00 11,762.58 795.95 65.23 140.34 503.50 68.90 8.78 54.00 141 .40 5,300.00 754.77 246.17 1,399.00 372.00 496.10 712.00 899.44 205.39 298.20 73.72 325.78 29.65 1,542.74 52.74 216.95 2,916.67 1,629.45 11,334.58 308.79 197.03 180.00 101.03 1,075.66 105.97 564.04 369.43 63.31 143.00 ~. ~ EXHIBIT" A" TO RESOLUTION #2003- 72 Page 2 PMI Computer Supplies Backup and Cleaning Tapes 421.85 . Roettger Welding, Inc. Repair Heater Blower 86.02 RW Kirchner & Associates Appraisal Report Munkelwitz Property 1,500.00 Safety Kleen Anti Freeze 1,433.40 St. Joseph Equipment Strobe Package,Case 570 Tractor 43,041.98 S & T Office Products Visual Cabinet 465.14 Stillwater Area High School Share of Gate from Non Conf Games 4,494.00 SCAPA Tapes Tape for Resale 763.38 State of Minnesota One Year Inspection Decals 20.00 Stillwater Gazette Publication 86.07 Suburban East Conference Share of Gate Hockey Boys & Girls 5,013.00 Sysco Hot Dogs & Buns 228.20 T omten Environmental Design Liberty Plan Review 160.00 Tower Asphalt UPM Winter Mix 154.57 Uniforms Unlimited Holder Air Taser Cartridges 33.04 Viking Industrial Center Road Reflective Signs 369.77 Walmart Community Tapes, Batteries & Supplies 47.29 Wilson Bohannan Company Padlocks PWF 218.14 Xcel Energy Outdoor Lighting Street Light Orleans Street 39,053.00 Yocum Oil Fuel 4,903.83 MANUAL MARCH 2003 Hansen, Larry Travel Advance NLC 500.00 . Kimble, Jay Travel Advance NLC 500.00 10,000 Lakes Chapter Seminars 120.00 Washington County Hazardous Waste License 40.00 Xcel Electricity/Gas 17,365.03 ADDENDUM TO BILLS Bonestroo,Rosene,Anderlik & Assoc. Myrtle Ravine, McKusick Lake Div. 1,578.22 Dodge, John Trustee for Zimmerman 2nd Half TIF 6,885.73 Empson Archives HPPA Survey 5,000.00 Ikon Office Solutions Maintenance Agreement 381.15 Nobles, John Reimburse Seminar Expense 36.02 Office Max Office Supplies 191.29 Owest Telephone 282.02 Stillwater Lions Membership & Meals 78.00 Volunteer Firefighters Benefit Insurance 1,178.00 Xcel Electricity, Gas 60,025.96 Total 247,217.55 . /' . . . EXHIBIT" A" TO RESOLUTION #2003- 72 Page 3 Adopted by the City Council this 1 st Day of April, 2003 . . . Policy on City Website links The purpose of the City's Website is to provide information about the City's government, services, and attractions. The City's Website may provide links to websites outside the City's Website that also serve this purpose. The City of Stillwater is not responsible for and does not endorse the information on any linked website unless the City's Website states otherwise. The following criteria will be used to decide whether to grant requests for City Website links. If a particular request does not fit the following criteria, the City Administrator will decide whether to approve the request. The City Administrator will approve the requested website link if it serves the general purpose of the City's Website. The City's Website WILL provide links to websites for: ~ Governmental and educational institutions ~ Organizations with some relationship to the City (including but not limited to: organizations contracting with the City, organizations sponsoring City activities or programs, and organizations participating in City activities or programs) ~ Generally recognized community organizations (Le. churches) ~ Organizations providing information about art, cultural, and sporting activities in the City ~ Organizations providing information about employment opportunities in the City's area ~ Organizations providing information about tourist attractions in the City's area The City's Website will NOT provide links to websites for: ~ Candidates for local, state, or federal offices ~ Political organizations or other organizations advocating a position on a local, state, or federal issues ~ Corporate or other for-profit organizations unless they fit the criteria stated above ~ Business links will be handled through the Greater Stillwater Area Chamber of Commerce (there may be a charge for this service) ~ Individual or personal home pages Any questions should be directed to the City Clerk, 651-430-8800. RESOLUTION NO. 2003-73 APPROVING THE POLICY ON CITY WEBSITE LINKS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Policy on City Website Links, as on record with the City Clerk, is hereby approved. Adopted by the City Council this 1 st day of April 2003. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . . {"I; ~ . water ~ . ~ ----=:::;; ~ -- -\~ THE BIRTHPLACE OF MINNESOTA J REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT 2. ORGANIZATION ~ h. 6uJ-uL ~ ~ ~ ,- TELEPHONE Lf 3lJ -d ~ 3. ADDRESS 4. :TY BEING PROMOTED BY PROPOSED BANNERS: 0Mv~ ~ Il~\SS 5. BANNER LOCATION REQUESTED: Ff D D Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS 6. DATES TO BE DISPLAYED: ~ ~ S- - 'YYla..r- leg : ~OO 3 7. COMPANY INSTALLING BANNER: lA. -r..L.C.J1 ~ Address ( 1 4, I ~ C:f;. Phone'-- C-{ 7 - <61 Lf'-f w~ ~ 7;ft:Uu- .....FOROPFIC~....USEONLY City> '.. .MIiDO'T .. (Required for Main Streett6cations) Date: BANNER REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 J · ~ ~ J Wc,-," :er r ) ~ ~ ::::::: ~ --- -\ ~ THE BIRTHPLACE OF MINNESOTA J . 1. REQUEST FOR INSTAllATION OF BANNER APPLICANT ~II~__ p~) ORGANIZATION, M . ~ ~ ~ ADDRESS ,TELEPHONE Lf 60 - ~ ~ ACTIVITY B~PROMOTED BY PROPOSED BANNE~:: .J v , ~ ~Lf-d-~ BANNER LOCATION REQUESTED: 2, 3. 4. 5. ~ D D Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* . Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATESTOBEDlSPLAYED~. ,41- ~(.;). 4.-:1003 COMPANY INSTALLING BANNER: :lL ~ ~ ~ Address 11L{1 ~ !!;C. Phone tJ1L/1-%7tftj W1WfL ~ o(~ - 7. BANNER REQUIREMENTS ATTACHED . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . STAFF REQUEST ITEM I Department: MIS I Date: 4/1/03 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval of contract with Qwest for T1 circuit between City of Stillwater and Washington County for internet connection. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost of this circuit will be $253.80 per month on a 36 month contract. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: Rose Holm.u ~. I Date: 4/1103 ~ . . . l' Agreement Number MN44515 Billing Number 612-E38-0158 QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate This is an agreement between CITY OF STILLWATER ("CUSTOMER") and Qwest Corporation ("QWEST"), formerly known as U S WEST Communications, Inc. ("USWC"), for the provision of QWEST OS1 Service ("Service" or "OS1") as defined herein ("Agreement"). Throughout this Agreement, CUSTOMER or QWEST may individually be referred to as "Party" and/or collectively as "Parties". 1. SCOPE. 1.1. Under this Agreement, QWEST shall furnish and CUSTOMER shall pay for Service as defined herein. QWEST shall provide Service up to the Standard Network Interface ("SNI") at CUSTOMER's premises. The SNI is that location where QWEST's protected network facilities end and CUSTOMER's inside wire or network begins. QWEST will provide Service in accordance with QWEST's Federal Communications Commission ("F.C.C.") Access Tariff No.5, if Service is Interstate or in accordance with the applicable USWC or QWEST Tariff, Price List, Price Schedule, Administrative Guideline, and/or Catalog if Service is Intrastate, all of which are incorporated herein by this reference and shall hereinafter be referred to as "Tariff'. In the event of a conflict between the terms and conditions of this Agreement and the Tariff, the then current Tariff will prevail. 1.2. Service provides for the two-way transmission of 1,544 MbiUs digital signals, on a point-to-point basis only. Service can be provisioned on copper, fiber, or other suitable facilities, at QWEST's discretion. Service may be used for the transmission of voice, data, and video signals, or any combination thereof. Service is provided between two customer designated premises, between a customer designated premises and a QWEST serving wire center, or between QWEST serving wire centers. When Service is requested between two QWEST serving wire centers, Central Office Multiplexers must also be ordered on each end (Le., each service wire center) of the OS1 circuit, and a Private Line Transport service must be ordered from each Central Office Multiplexer to the customer premises. 2. TERM. 2.1. This Agreement is effective on the latest signature date and expires Thirty-six( 36) months from the date Service is available to CUSTOMER, as evidenced by QWEST records. OR 2.1. This Agreement is effective on the latest signature date and expires Thirty-six( 36) months from the date of 03/26/2003. 2.2. If QWEST continues to provide Service after this term without a further Agreement, the provisions for month-to-month service in the Tariff will apply. 3. SERVICE ORDERED. CUSTOMER orders and QWEST shall supply Service as follows. Number of Circuits: 1 Address: 216 N 4 ST STILLWATER 14900 N 61 ST STILLWATER 4. CHARGES AND B!LLlNG. Charges for Service shall be those specified herein. CUSTOMER shall pay each bill in full by the payment due date stated on each bill. CUSTOMER shall pay QWEST all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service or installation rendered hereunder. Where permitted by law, late payment charges shall be assessed according to Tariff or law. The charges for Services under this Agreement, including any and all discounts to which CUSTOMER may be entitled, will be offered and charged to CUSTOMER independently from and regardless of the CUSTOMER's purchase of any customer premises equipment or enhanced services from QWEST. tit Current Total Monthly Rate is: Current Nonrecurring Charge is: $ 253.80 $ Nf\ . 5. CHANGES TO SERVICE. CUSTOMER may move the physical location of all or part of Service to another location within the same QWEST intrastate intraLATA serving area provided the terms and conditions of the Tariff are met, or, where there is no Tariff, the applicable conditions from 6.4 herein apply. 6. TERMINATION. 6.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within such thirty (30) day period. Cause is any material breach of the terms of this Agreement. If QWEST terminates this Agreement for cause, or if CUSTOMER terminates this Agreement WITHOUT cause, CUSTOMER shall pay discontinuance charges. If termination is prior to installation of Service, discontinuance charges shall be those reasonable costs incurred by QWEST through the date of termination. Termination Charges for Service discontinued after installation are defined below. 6.2. If termination is after installation but during the Minimum Service Period of 12 months, termination charges shall be calculated by taking the total monthly recurring charges at the time of termination. multiplied by the number of months (or fraction thereof) remaining in the Minimum Service Period, multiplied by one hundred percent (100%) of the monthly rate for Service terminated (or fraction thereof). plus any due but unpaid recurring, and all unpaid nonrecurring charges. The termination charges stated in 6.3 shall also apply for that portion of service being terminated beyond the 12 month Minimum Service Period. 6.3. If termination of Service is after the 12 month Minimum Service Period, termination charges shall be calculated by taking the total monthly recurring charges at the time of termination, multiplied by the number of months (or fraction thereof) remaining in term, multiplied by forty percent (40%) of the monthly rate for Service terminated (or fraction thereof), plus any due but unpaid recurring, and all unpaid nonrecurring charges. 6.4. A termination charge will be waived when the CUSTOMER discontinues Service(s) and ALL of the following conditions are met 1) CUSTOMER signs a service agreement for any other QWEST provided new service(s). All applicable nonrecurring charges will be assessed for the new service(s); 2) Both the current Service and the new service(s) are provided solely by QWEST; 3) The order to discontinue Service and the order t. establish new service(s) are received by QWEST "within thirty (30) calendar days of each other" for Intrastate Service in New Mexico and "at the same time" for Interstate Service or Intrastate service in all states except New Mexico; 4) The new service(s) installation must be completed within thirty (30) calendar days of the disconnection of Service. unless such installation delay is caused by QWEST; 5) The total value of the new service agreement(s). excluding any special construction charges, is equal to or greater than one hundred fifteen percent (115%) of the remaining value of this Agreement; 6) A new Minimum Service Period, if applicable, will go into effect when the new service agreement(s) term begins; and 7) CUSTOMER agrees to pay any previously billed. but unpaid recurring. and any outstanding nonrecurring charges~these charges cannot be included as part of the new service agreement(s). 6.5. New service is defined as a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s). but does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-month service to contracted service. 7. INTERRUPTIONS TO SERVICE. Tariff specifies the credit allowance due CUSTOMER, if any. for interruptions to Service which are not caused by CUSTOMER's negligence. In the event Service is provided where there is no Tariff, the provisions of the F.C.C. Access Tariff No.5 shall apply with respect to credit allowance due CUSTOMER. 8. PERSONAL INJURY; PROPERTY DAMAGE. Each Party shall be responsible for any actual physical damages it directly causes to the other in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. . 9. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED UNDER "PERSONAL :; 1 INJURY; PROPERTY DAMAGE" ABOVE, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE CREDIT FOR INTERRUPTIONS TO SERVICE UNDER THIS AGREEMENT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. . 10. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11. UNCONTROLLABLE CIRCUMSTANCES. Neither Party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 12. DISPUTE RESOLUTION. 12.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the Parties or between one of the Parties to this Agreement and the employees, agents or affiliated businesses of the other Party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AM"). The arbitration shall be conducted in the regional AM office closest to where the claim arose, and all expedited procedures prescribed by the AM rules shall apply. 12.2. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 12.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. . 12.4. If any Party files a judicial or administrative action asserting claims subject to arbitration, and another Party successfully stays such action and/or compels arbitration of such claims, the Party filing the action shall pay the other Party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney's fees. 13. LAWFULNESS. This Agreement and the Parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules" regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Service is provided. 14. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the Parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 15. GENERAL PROVISIONS. 15.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 15.2. This is a retail end user contract. It may be assigned only with the consent of QWEST. CUSTOMER may not assign to a reseller or a telecommunications carrier under any circumstances. 15.3. This Agreement benefits CUSTOMER and QWEST. There are no third party beneficiaries. . 15.4. If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 15.5. This Agreement constitutes the entire understanding between CUSTOMER and QWEST with respect to Service provided herein and supersedes any prior agreements or understandings. "-- 16. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date shown below. Notices concerning this Agreement may be sent to QWEST's CUSTOMER billing address of record or to CUSTOMER's Address for Notices specified herein, if any. , Customer Qwest Corporation . Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title, Title Date Date Address for Notices Address for Notices . . " Qwest Communications . 651 439 No 651 439 No PRICING (An additional surcharge may be assessed for these services if connecting to certain customer equipment) *iiI""la ~ ~ :<'?~'''f340ft~t" (?i"v<0~,,,,t,,,,""',,,= 1;:i "/0:;,,, ,~," !t~s" "71" ~ <~~,,~ ,,' '> v;>_ if i<..i;",?;~~,,~, <",_~~=,,"',m;;~ 2 Channel $300.00 $282.00 $267.90 $253.80 $239.70 $219.96 Termination Fixed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 Per Mile $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS MRC: $300.00 $282.00 $267.90 $253.80 $239.70 $219.96 . NRC: $680.00 $680.00 $680.00 $680.00 $680.00 $680.00 . Quote ID:63998820-3/18/2003 Quote Orig. Date: 3/18/2003 Page 1 of2 Qwest Communications Terms and Conditions These rates are valid for 45 days from the 'Orig. Quote Date' found in the footer of this document and all quotes will be verified by Qwest order entry at the time a Service Order is submitted. These prices for Service are provided solely under the Rates and Charges of Interstate Access Tariff FCC No. ], In the event of a conflict between this pricing and/or the Tariff, the Tariff prevails. Customer Signature Qwest Rep. Signature Date Signed Quote ID:63998820-3/l8/2003 Quote Orig. Date: 3/18/2003 Page 2 of2 . . . . . . .3 -"'<0 ,. CJ :-J rJ~ ~ . water ~ ~ .......::;;,; ~ TH~RTHPlACE OF MINNESOTA ~ REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT D 6 y\ )\ 6...- S J G WI 'f.- (" 6 2. ORGANIZATION W A ('1 Ol./ II hA }J I ~ .J. N J; ~r.J. ~ <. ,., 3. ADDRESS /0/ LJ /}/J'-,t;, 51 <.JuJTELEPHONE 6L::/- 7'~o.- ~233 . j 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: (1-Ar/~/ /?7.~~ LcJLl7.! A 01/ _~ P _ /}J -IAe 5. BANNER LOCATION REQUESTED: o Main Street at Olive Street (Mad Capper)* D D North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) , 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: lJ tJlI, 71 0 3 ~~ ~/ () V I 2. L/. 6 ~ COMPANY INSTALLING BANNER: )/; 'IfJL) _SiC:i~ .5 ,/1 /' Address L)l>;# .6/!dr h~ t-- Phone 7'17- <i?7t/lj' 7. BANNER REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .3 - 2<6, 0.3 J.-- J r ";-WC,':er ~'~ ~ ~~ --\ ~ THE BIRTHPLACE OF MINNESOTA J . REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT 7JC>/JJ14. ~_<>>C!!/:?1e/.s 2. ORGANIZATION_I1J"""v(,,/ !O~ ~H/1~ #"/<<z~ 4.r~.5e 3, ADDRESS JIJ/ OJ. /!/1~ ..c;f ,c)h/) TELEPHONE -sI.;~~>j ~ &2.::r =? J 4. AC,IVITY BEING PROrviv,cu BY PRCP03cu i3A1~i~EKS: 5!;hl.Ja#f If/Jdc;/ /P..JJ4~r 5. BANNER LOCATION REQUESTED: [\Y/ o o Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* . Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: .rd_)/) .;)DOt! Ii) 4/dr I CJ"I , ----,. - ,;' COMPANY INSTALLING BANNER: /1;. ?i/A. ~C:;1~<"> Address /7'1i tbhl m.erc- e S~ Phone 7~.7 - 'R7 '1'1 W~lJ.~ f3ear Mk~) /1N -55//L'J 7. BANNER REQUIREMENTS ATTACHED . CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . Memo To: From: Date: Subject: Mayor and City Council ~ Steve Russell, Community Development Director March 27, 2003 Continuance of Hearing for Subdivision at 912 Churchill Street (Case No. SUB/03-12) This subdivision request was originally scheduled for the Council meeting of March 4,2003. The attached request is to continue the item to your meeting of May 6, 2003 after the regular Heritage Preservation meeting of May 5, 2003 where the demolition request will be reviewed. I would suggest rescheduling to your May 20, 2003 meeting to allow the action ofthe Heritage Preservation Commission to be a part of your written staff report and time for advertising the public hearing. . Recommendation: Continue subdivision request to your meeting of May 6 or 20, 2003 Attachment: Lakeview Hospital letter of March 26, 2003 . 03/28/03 FRI 10:33 FAX 651 430 8579 LAKEVIEW HOSPITAL ADMIN ~002 ~ LAKEVIEW HOSPITAL . , lAkeoieui Hospit/Jl's Mwwn istodeiiver superior quality.snvice in CQOpeTlltion with others 10 meet the diverse healthe"rt needs of ;ndividu/Jl~, families and commulIities of ~ St. Croix VQl1ey. March 26, 2003 Steve Russell, City Planner , City of Stillwater " 216 N Fourtb Street Stillwater MN 55082 RE: Case No. SUB/03..12. Request from Twin Cities Habitat fOT Humanity, Inc.~ for a subdivision of one parcel, Lots 5 and6, Blk 5, Holcombe's Addition'- into two parcels of7,500 square feet each in the RB, Two Family Residential District. Lak~wiew Memorial Hospital requests a continuance until May 6~h, 2003 On a public hearing before the Stillwater City Council to,subdivide the lot at 912 Churchill Street, pending a decision on demolition of the house at same . ' property. ==-... . : 927'West Ch1J.J'Chill Street · Stillwater · Minnesot. 55082 · Phone: 651-439.5330 . Fax: 651430-4528 -liome Paglr: www.lakeview.org . . . Boardwalk, Inc. Colleen Danford 775 Midwest Tr. Lake Elmo, MN 55042 Dear City of Stillwater, April!, 2003 Based on information we received today which puts economic pressure on this opportunity, we respectfully withdraw our application for a liquor license. Thank you for all your consideration on this application. ;~br" ~ardwalk, Inc. . Colleen Danford ~~~ --- .~-- :'~ Boar ~ Inc. Lynn Fox o.&? . Lege......",. I.. Bar-B-Qaee City COl11ncil Meeting '~/1/03 Stilhvater, MN . . Famous Dave's has been an established part of the Stillwater community since 1997. . The Stillwater Famous Dave's converted from a counter service restaurant to a full service restaurant in 1998. . Since the conversion in 1998, Famous Dave's has been trying to meet our guests requests and enhance service by He addition a full service bar. . Currently, Famous Dave's in Stil1'ivater, is the only full service restaurant, company or franchise, to be opera:ing without a full liquor license. . Since opening in Stillwater, FamoLls Dave's and Famous Dave's of America have been very involved in the commuI]lity. This involvement includes: 1. Local events: Drum Beauty, 4th of July festivities, Lumberjack days, The Stillwater Art Fair etc. 2. Local contributions: Churches, schools, hospitals, youth sports fund raising, Boy Scouts, Browlies etc. 3. Local economy: A vast mJ~ority of the current Famous Dave's restaurants are decorated with antique1 purchased from antique stores in Stillwater. . The increased revenue will facilitate the need for additional employment. This will take place in the form ofbarttnders as well as additional servers. . Because of our corporate structure, Famous Dave's of America has a well- established training program. Thi:; training includes, but is not limited to: 1. Responsible service of alc, lhol training (attached) followed by a quiz. 2. Responsible service of alcohol video ~ "Techniques for Responsible Alcohol Service." 3. All servers and bartenders sign a liquor liability form. 4. Company restaurants parti,~ipate in "Learn2 Serve" program (attached). This program has been adc ed to help our restaurants reduce liability and help to create a safe & resI'onsible environment. . The managers in Stillwater will pIt through responsible service training as well. . The Stillwater Famous Dave's has a clean history of compliance. . Famous Dave's of America has a :~eat record for compliance through out the country. .. . 1 ~ervi", SaV\f; I I I 1 Statistics show that 37'-0 of all alcQhol consumption takes place in bars and restaurants. Your responsibility as la server or provider of alcohol is to ensure that the Guest is having an Efnjoyable and safe experience. I . Servers, Bartenders and Managers may be held responsible under the criminal law if they serve someone fo the point of intoxication who then has an accident and injures themselves br someone else. They may also be held financially responsible under commoh law or state legislation. The victim, or the family of the victim, can sue tht server, the establishment, and/or the owner. This is called third party liability. I I At Famous Dave I s we are committ~d to the practice of responsible beverage service when it comes tOI alcohol. Policies and procedures not only help establish a defense agai~st criminal action or civil liability but, more importantly, may help prevenr accidents, injuries and even death. I By adhering to the following steps, using your best judgement and serving smart you can protect the Guest, Famous Dave I s and yourself. I I I I 1 1 *STOP-Watc 1 Alcohol Video. . S., 0. . Yw_ .U1l....,.tfcbW · "You've got the cutest little baby face!" A good guideline to follow is to make sure you card anyone who Ilooks under 30. When in doubt, find out! Acceptable ID's would be a dri"er's license, state ID, or a passport. Remember that it must have a picture. · When you I re checking an ID, mClke sure you handle it personally to catch any alteration. You may be able to feel a raised surface, an extra layer of laminate, or detect poor graphics. Double-check the birthdate, picture and expiration date. Refer to the ID verification book if you have any questions. ,. · Never be afraid to card someon~. The penalties and consequences of serving minors are severe. The key to cardina is to always be Dolite when askina for ID's and don't make 11 bia issue out of it. Server: "Alright that's two of our Famous Margaritas on the rocks. If I could just take a look at your ID 's please ladies a,d then I can tell you about some of our wonderful appetizers that would go grEat with your drinks." · If you have a Guest that turns out to be underage don't be judgmental. Tell them politely, but firmly, that you will not be able to serve them any alcohol. Offer them a non-alcoholic beverage and be diligent about watching the table to ensure th<lt a minor does not obtain an alcoholic drink from someone else. · Liquor laws and drinking ages ma'{ vary from state to state but the liquor laws within Famous Dave's will rEl:main the same. Anyone purchasing and/or consuming alcohol must bl~ 21 years or older, no exceptions! If you run into difficulties, get a munager. There is no defense legally or otherwise if you serve alcohol to a minor and that minor is arrested or causes an accident. You could be arrested and the restaurant could lose its liquor license. *Under the law, you do not hClve to serve anyone without legal . proof of age. Step" . r..1htfeds · How much alcohol is in the blood and in the brain and how quickly it arrives there depends on several things: body size, body type and gender. a. Body Size: A larger, heavi,er person will show fewer effects from alcohol than a smaller, lighter person. b. Body Type: Given the saml~ amount of alcohol, a muscular individual will have a lower blood alc"hol concentration than a person with a large amount of body fat. c. Gender: Women tend to absorb alcohol at a faster rate than men. Women are usually smaller and have less water in their bodies. Water dilutes alcohol in the body. . · Once in the blood, alcohol is carl"ied to the liver where it is broken down and passed from the body. The liver can only process one drink per hour. If a person consumes more than one drink per hour, the amount of alcohol in those extra drinks ge1's backed up and remains in the bloodstream. It begins to effet:t the brain and the Guest's behavior. · BAC stands for Blood Alcohol Cc ncentration and refers to how much alcohol is in the blood. You should know what BAC level is considered Illegally intoxicated" in your state (. ). · When the stomach is digesting food, it closes the valve leading to the small intestine and holds any alcclhol with the food, slowing the rate that alcohol is absorbed into the bloo~. · Foods that take more time to digest, such as fatty foods or foods that are high in protein will help slow \~own the rate of alcohol absorption. What a great opportunity to get them started on some Famous BBQ! · A 12 oz. beer=a 4 oz. glass of wine=ci 1 oz. shot of 100 proof liquor, or 11/4 ounces of 80 proof liquor. fhe same amount of alcohol is contained in all: one-half ounce. . "'MYTH: Coffee or cold showers do not "sober up" an individual; the only thing that works is tilne. S1ep tine . JoffM ~ s.w,tIl · If you think the Guest has had too much, chances are they have. You are responsible, by law, to not serve someone when they have "had enough". Keep your manager in the loop if you think someone is getting a little 1100py". Remember to inform the manager before the Guest is beyond the point of intoxication! · Observe changes in the Guest's behavior by initiating conversation. By simply talking to your Guests you will be better able to determine where your Guest falls within the Traffic light. · Observe signs of a high-risk Guest: Tired appearance, tense, irritated or emotionally upset, dieting, novice drinkers, ill or on medication. . · Keep track of the number of drinks sold on the Guest check and,the time each drink was served. You need to be aware of what you're serving as well as how many. For drinks containing more alcohol, such as a Martini or a Manhattan, mark down a drink and a 1/2. · Do everything in your power to ensure that an intoxicated Guest does not leave the premises. Offer them food, enlist them in a conversation or a game, get them involved in a show or sporting event on TV. Anything you can do to buy time while waiting for a cab or friend to arrive. . . . . Guest behavior is a Traffic light that tells us how we should approach serving alcohol by learning to read the right signals. Guests at the GREEN level: T Relaxed. T Happy. T Comfortable. T Talkative. They can be served whatever they order. Suggest food to the Green Guests and keep track of the number of drinks they consume. Guest at the YELLOW level: T More talkative, somewhat louder...or quieter. T Relaxed inhibitions. T Overly friendly, giddy. T May increase the rate at which they drink, and buy drinks for others, even total strangers. Yellow means "proceed with caution." Encourage the Guests to eat and offer non-alcoholic beverage choices. Make sure the MOD is aware of any Guests that you may feel are in the Yellow. Guests at the RED level: T Glassy eyed. T Movements may appear slow and uncoordinated. T They may spill a drink, drop things, stumble or fall. T May make irrational statements or become hosti Ie. A VOID THE RED! If you have a Guest in the Red, the service of alcohol should be stopped immediately. The MOD will be the individual who will cut off service to any Guest who is visibly intoxicated. Enlist the help of any sober friends or offer to call a taxi for these individuals. If a Guest in the Red insists upon driving, the MOD is required to notify the police. . Famous Dave's Liquor Liability On / / , I participated in a video training session with a follow-up discussion on my role as a responsible server of alcohol. I have also reviewed the Company's current policy and have a clear understanding of what is expected from me as a provider of alcohol. I understand my roles in: Checking Guest ID' s. Identifying drink levels of Guests. Informing the MOD of anyone that may be approaching or at a dangerous level of consumption. Transportation for an intoxicated Guest. . I will direct any complaints, questions, constructive feedback or suggestions on how to improve this policy to the appropriate member of the management team. Signature Print Name . *Place in employee file. . . . Alcohol Awareness Exercise 1. Which one of the following is considered a valid ID? a. Birth Certificate c. Social Security Card b. Company ID d. Current Passport 2. People with a high percentage of body fat have less risk of becoming intoxicated than people with a high percentage of muscle. True or False 3. Eating High Protein foods can help slow the absorption of alcohol into the bloodstream. True or False 4. How does a Guest seem when he or she is in the Green level? 5. The liver can only metabolize one drink per hour. True or False 6. The liver separates alcohol from the blood. True or False 7. What risk factors should you notice when you first approach a Guest? 8. Alcohol works in the body differently for most people. True or False 9. Factors such as body type, gender, mood, medication and drinking experience do not affect how a person reacts to alcohol. True or False 10. List a few changes in behavior associated with alcohol consumption: *Place in employee file. . Can I view a c Yes, you can. . homepage. What is Learn2Serve? Learn2Serve is the first, fully-integrate certify line-level employees in the rest esigned to train and ustries. types of programs are offered th ently, Learn2Serve offers an alco tes nationwide. We are also develo d sexual harassment among others. proved in 40+ , OSHA, security, e need special computers or softw o special hardware is required. All y . osoft Internet Ex 1 use Learn2Serve? th internet access . tion speed, but "bookmark" later. The . . . Famous Dave's of America has recently partnered with 360 Training, Inc. to launch an exciting new concept in employee training. 360 Training has created a unique virtual university for Famous Dave's that allows employees to receive mission critical training and certification for responsible alcohol service via the internet. This online university can be accessed by visiting htto://famousdaves.360training.com. Responsible alcohol service training is an important step in reducing liability and ensuring that your customers and employees can enjoy a safe and positive environment. In fact, several states require that all servers and bartenders be certified in an approved training program. The Learn2Serve online training program available through Famous Dave's online portal is approved in over 40 states nationwide. Approved states include Wisconsin, Illinois, and Utah. Learn2Serve will be Q.ppJ.Dved in Maryland in the next few weeks. To see the available states, please review the interactive map located on the Famous Dave's online portal. Employees may access this training portal through any available internet connection and instruction cards will be made available to all. 360 Training also provides comprehensive technical support via phone or email. Below are some of the unique benefits and services offered through this online training portal: · Available 24 hours per day, seven days per week via the internet. · The course is easy to use and works on almost any computer. · The unique "bookmark" feature allows the student to log in and log out at their convenience. The course "remembers" the students' position and returns them to that point. · Upon passing the final exam, the student can print a temporary certificate. An official certification card will be mailed within 72 hours. · 360 Training handles all state required filing and documentation for the student. · The student will have his certification fee deducted from his paycheck. The cost for certification is $22 in all states. t . MEMORANDUM March 21, 2003 TO: FROM: Mayor and City Council Diane Ward, City Clerk SUBJECT: Public Hearing on issuance of Liquor Licenses DISCUSSION: Applications for On-sale/Sunday liquor licenses are as follows: . Minnesota Zephyr - Downtown - proposed steak house in depot - received January 30,2003 Famous Dave's - Highway 36 (currently has Wine with Strong Beer) - received February 6 (initial request November 12, 2002) Savories - Downtown (currently has Wine with Strong Beer) - received February 10, 2003 Boardwalk, Inc. - Market Place - proposed space in Ace Hardware Building - Received February 14, 2003 Letter of request - Contractors Property Development Company - CR12/CR 15- received - January 27,2003 (Mr. Russell has provided Subd. 23.1 of the Zoning Code relating to Village Commercial Districts for your information) I have also attached City Administrator Hansen's memo regarding liquor license criteria for your information. . . MEMO TO: Mayorand City Council FROM: City Administrator Hansen SUBJECT: Liquor License Criteria DATE: March ]4,2003 At the March 4lh City Council meeting staff was directed to seek additional information from other cities on criteria for granting liquor licenses and to develop our own criteria for council review. Unfortunately most cities are like Stillwater and have not established any criteria other than "First come-First served". . The cities of Eagan and Bemidji have developed ordinances that divvy up their licenses into categories such as hotels, restaurants, bars, etc. and once a quota of any category is filled any new applications are rejected. The City of Blaine issues licenses to restaurants and hotels only. Other than this, there were no other criteria provided. The current Stillwater ordinance on alcoholic beverages mimics state statutes and simply requires that the applicant not be: A. A person not a citizen of the United States or resident alien; B. A person under twenty-one (21) years of age; C. A person who within five years of the license application has been convicted ofa willful violation of a Federal or State law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or malt liquors; D. A person who has had an intoxicating liquor or malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five (5%) percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, a partnership, association, enterprise, business or firm in which any such person is in any manner interest; or . E. A person not of good moral character and repute. Additional criteria that the council may want to consider are as follows: . }. Mnnagement capability of the applicant and past experience. 2. Type of business (hotel, restaurant, bar, etc.) 3. Zoning, land use, and design exce]]ence consistency. 4. Will the granting of the license promote the development of certain areas and properties consistent with the city comprehension plan, downtown plan and special area plans. 5. Level of new investment - (wi)) the business strengthen the tax base). 6. Job creation. 7. Will the granting of the license help retain or encourage a local business expansIOn. . . , , , remedies, may institute appro- priate actions or proceedings to prevent, restrain, correct. or . abate violations or a threat~ ened violation and it is the duty of the city attorney or state attorney general, to institute the action. b. Separability. The several provisions of this subdivision are separable in accordance with the following: 1. If any court of competent juris- diction adjudges any provision of this subdivision to be in- valid, the judgment will not af- fect any other provisions of this subdivision not specifically in- cluded in the judgment. 2. If any court of competent juris- diction adjudges invalid the ap- plication of any portion of this subdivision to a particular prop- erty, building or other struc"". ture, the judgment will not af- fect the application of the provision to any other property, building or structure not specif- ically included in the judg- ment. 3. Nothing contained in this sub- division repeals or amends any subdivision requiring a permit or license to engage in any busi- ness or occupation. (Ord. No. 666, 7-7-87; Ord. No. 706, 6-6-89) . - .., ~e~v:!=e~~ ~- 1.'I".l.~II'-_"'-'.. (1) Purpose. The purpose of the VC district is to provide a local center for convenience shopping and personal services primarily in proximity to a residential neighbor- hood. (2) Special use permit required. No building, structure, land or premises in the VC district may be used and no building or CD3I:55 ZONING I 31-1 structure may be directly constructed, ex- cept for the following uses, that are per_ mitted by special use permit: a. Local convenience retail busiriess or service establishment, such as gr0- cery, fruit and vegetable store, bak- ery, drugstore, general store, barber and beauty shop, clothes cleaning and laundry pickup station, busi- ness and professional office and the like, supplying commodities or per- forming services for residents of the immediate neighborhood and sur- rounding areas. b. Day care/nurseries. c. Medical and dental offices. d. Parking facilities. e. Professional, editorial, real estate, insurance and other general busi- ~ ~- ~esidential uses,seco . lev . r g. Tea rooms, deli, coffee sha an soda fountains, not including the s O~~~holic. ~verages. ~ ~;.:::::::d buil:u.,gs customar- ily appurtenant to a permitted use. j. Other use or service establishment detennined by the planning commis- sion to be of the same general char- acter as the foregoing specially per- mitted. uses and which will not impair the present or potential use of a<lja- cent properties may be permitted. .. (3) Height and area regulatwns.The .maxi- mum height of buildings and stnictures and the minimum dimensions of lots and yards in the VC district are as follows: a. Maximum height: 1. Principal structures, 35 feetJ2 stories. 2. Accessory structures, 20 feet/I story. b. Minimum lot area: 10,000 net square feet when not within a PUD. 62: f 31-1 STILLWATER CODE II c. Front yard: 50 feet when not within aPUD. d. Rear yard: 25 feet when not within a PUD. e. Building and impervious suifaces: 60 percent when not within a PUD. f. Landscaping and open space: 40 per- cent when not within a PUD. g. Additional setback requirements: When a property within this district is directly across a street or thorough- fare or adjacent to any residential district, all parking and loading fa- cilities must be at least 20 feet from the property line and buildings and structures at least 20 feet from the street. The setback space must be permanently landscaped. -- h. Other requirements: Ail uses shall be conducted wholly within com- pletely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropri- ately located and designed as ap- proved by the planning commission. (4) Design permit. A design review permit is required for all village commercial uses. The country village architectural and de- sign guidelines, set forth in Exhibit E to , the Orderly Annexation Agreement be-. tween the City and Town of Stillwater, dated August 16, 1996, are the standards that must be applied to this design re- view. . (5) Planned unit development. These develop- ment requirements may be modified based on an acceptable planned unit develop- ment for the entire village commercial district area. COrd. No. 830, 9-3-96) . i.~.~. .oS:::~~~= - onows:~~-" . . ~. -----'-" -- -- ,. . . Exceptions, additions or n1.odi{u:ations. The pro- . visions of this subdivision are subject to the exceptions, additions or modifications as set forth in the following: (1) Essential services. Essential services, as defined in this subdivision, are permitted in all districts. (2) Soil stripping. No person may strip, exca- vateor otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on the premises and any inciden- tal excavation or grading. (3) Vacant lots of record. Notwithstanding the limitations imposed by any other pro- visions of this subdivision, the city council may permit erection of a dwelling on any . lot (except a lot in an industrial district), . separately owned or under contract of sale and containing, on May 1, 1974, an area or width smaller than that required for a one-family dwelling, provided that municipal sewer and water service is avail- able to the site. (4) Ckar corners. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than three feet in height may be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are 40 feet. di~tant from the point of intersection, provided that this regulation does not apply to trees trimmed to a height of eight feet above the street grade level. (5) Substandard lots. No lot, yard, court or other open space, already containing less area than the minimum required under this subdivision, may be further divided (~~7~~city.counJ;il~- . -mzes'~llat:bec:land hre8kf'asj~tar.e an.as~~' .--' CD31:56 /~ {O~ / ., . March 21, 2003 Mr. Wally Milbrandt City Council Representative 216 N. Fourth Street Stillwater, MN. 55082 Dear Mr. Milbrandt, I am writing to you to express my disappointment re: the proposed plan for the commercial area in Liberty Village. We have recently learned about a Kwik Trip gas station with 9 gas pumps and a detached car wash, a bank with 3 drive-through lanes, and a proposal for a bar/restaurant in Liberty Village. This plan goes completely against what was originally intended for Liberty Village. (I remember Shelly Tompkins enthusiastically sharing with us that Texaco had approached them about putting in a small retro-style gas station.) . When we purchased our lot in the summer of 1999, Liberty Village was portrayed to us as a quaint area reminiscent ofan old-fashioned small town. It was to be consistent with the design of the neighborhood. The intent was to provide residents in Liberty (adults and children alike) with accessible, pedestrian friendly shopping. It was to be designed for the neighborhood. The new plan is obviously designed to cater to the commuters. It belongs in Woodbury or along Hwy. 36. It will not be safe for our children to access. I do not want~ children to contend with heavy traffic and congestion as thev olav in ettlers Park I do not want a liquor license to be granted for a b~/restaurant in Liberty Village. We did our part in designing a home that met all ofthe design guidelines required by the Architectural Review Committee to ensure the neighborhood would achieve its original design concept. I think the City of Stillwater needs to carefully consider what is being proposed for Liberty Village. Stillwater already has oversized gas stations and banks a mile away. Let's stick to the original concept and maintain our uniqueness. Sincerely, b~~ Donna Sederstrom . . ORDINANCE NO. 934 AN ORDINANCE AMENDING CHAPTER 43 OF THE STILLWATER CITY CODE ENTITLED LIQUOR The City Council of the City of Stillwater does ordain: 1. AMENDING. A new Section 43.75 is added to the City Code that will hereafter read as follows: "Section 43.75 Pavment of fees. In order to maintain any license issued under this Chapter, all license fees must be paid when due and kept current even though from time to time the licensed property is vacant. Provided all license fees are paid when due and kept current, the license may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs, and for one year thereafter. At the end of this period, the license will be deemed abandoned without further notice or hearing and the City Council will be entitled to grant the license to another." . 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 passage and publication according to law. Enacted by the City Council of the City of Stillwater this 1 st day of April, 2003. CITY OF STILLWATER Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . Diane F. Ward, City Clerk f . . . ,. Memo To: From: Date: Subject: {L/ Mayor and City Council Steve Russell, Community Development Director March 28, 2003 Request by Mr. Greethurst for Waiver of Fees for Comprehensive Plan and Zoning Amendment Background. Attached is application for zoning and comprehensive plan amendments for Parcel "A". The request is to rezone the lot, Parcel A, to Duplex Residential. The attached exi!;>ting land use, zoning and comp plan maps show existing designations for the site and area. It is suggested that if the City Council wants to proceed with the request, the Council initiate a rezoning study of the area that will include the Greethurst property as well as lots on Linson Circle (duplexes - zoning single family) and Brick Pond Apartments - zoned single family. It would appear from an initial review, that a comp plan amendment may not be necessary. Because this is a study and not a rezoning of a particular site, it will take two - three months to complete the review. Recommendation: City Council initiate a rezoning study of Orleans/Greeley Area. Attachments: Greethurst application v- " PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: , . ACTION REQUESTED FEES COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STillWATER 216 NORTH FOURTH STREET STillWATER, MN 55082 _Special/Conditional Use Permit $50/200 _Variance $70/200 _Resubdivision $100 _Subdivision* $100+50/lot l Comprehensive Plan Amendment* $500 ..LZoning Amendment* $300 _Planning Unit Development * $500 _Certificate of Compliance $ 70 *An escrow fee is also required to offset the costs of attorney and engineering fees. 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. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay th application process. PROPERTY IDENTIFICATION . Orleans Street Address of Project I h+ 11. BlQck 1. Parcel A Assessor's Parcel No. P~nrH ne Linson Addition (GEO Code) Zoning District Description of Project Va can t Lan d Request to re-zone from RA SinQle Family Residential to RS Two-Familv Distri( Reason for re-zoning is to conform to the current land usage around said ~fhoJ1.:6i ~/al: >>>>de. foregoing statements and all data, information and evidence submitted herewith in a/. respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply wit the permit if it is granted and used. " Property Owner Robert & Carol Greethurst Mailing Address 1602 S. Greelev St. City - State - ZipStillwater, MN 55082 (h) 651-439-8844 T~lePhone No.] ce' ',\ 6"..1:21 S-;4':1 S,gnature_ ~p ./' ~L/ (Signature is required) Representative Mailing Address City - State - Zip Telephone No. Signature (Signature is required) Lot Size (dimensions) _ x Land Area Height of Buildings: Stories Principal Accessory SITE AND PROJECT DESCRIPTION Total Building floor area square f. Existing square feet Feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces H:\mcnamara\sheila\PLANAPP.FRM April 12, 2002 GREETHURST MINOR SUBDIVISION . Notes: CERTIFICATE 0 S Bearing system per record Plat. . F URVEY . Indicates lIOn. found as noted. BARRETT M. STACK o Indicates 113774 Iron pipe Inplace or to be STILLWATER,MINN. ssoaz set prior to June 1. 2003. MINNESOTA RECIITEItED Offsets shown to existing structures are lIleasured LAND SURVIYOR to the building lIall line, unless noted othenllse. Tel. NO. 439-,.30 Underground or overhead pUblic or private utilities. on or adjacent the parcels, lIere not located in this survey, unless shown or noted othel'lllse hereon. aD.U.E.. Indicates platted Drainage and Utility Easements. SURVEY MADE EXCLUSIVELY FOR. Robert and Carol Greethurst, 1602 So. Greeley St.. Stillwater,. MN 55082 DESCRIPTION. Existing Overall Parcel Descrlotlon Supplied: (as recorded In Doc. Ne>. 506280, Wash. Co. records) Lot II, Block 1. LINSON ADDITlON,Washlngton County. Mlnne.sota. Proposed Drainage and Utility Easement Description:. (to be conveyed to the City of Stlllllater) An Easement for Drainage and Utility Purposes over, under and across the East 10.00 feet of the West 75.00 feet feet of Lot 11, Block One, L1NSOHADDITlON. Washington County, Minnesota. Parcel A Description: (vacant land) The West 70.00 feet of Lot 11. Block One. LINSON ADDITION, Washington County. Minnesota. Subject to platted utility easements as shown on said plat of LINSON ADDITION, and subject also to an easement for Drainage and Utility purposes over, under and across the East 5.00 feet of said West 70.00 feet of Lot 11. Parcel B Description: (existing dwelling parcel) All that part of Lot 11. Block One, LINSON ADDITION, Washington County, Minnesota, lying easterly. of the West 70.00 feet thereof. Subject to platted utility easements as shown on said plat of LINSON ADDITION. and subject also to an easement for utility purposes over, under and across the Ea'st 5.00 feet of the West 75.00 feet of said Lot 11. A'''''__'~.I''1 M".$" r t::J.e~4"A#f #/r. ""',,"'" 'jr. ~ ............ /1 ~- _. ~ PE"'/<:A' ,.....'" , -- H"'.T~'a~ /1'/./' -- :..-- - -- 74.41 - --'y'- ..,.. ,~ 1/11- I ", ~I /a' I ~I,/ l--..!-- " I S ~l. I~ ji~z::.:; '!fd- ~~~.. .~ : ~: ~,::. I/~%;.:! I : ~ JvIJ-. r.. URr,.,_r.s-~ I' ~I ~ ".' ~~ ~ 1 .. ~:.~~ \~\ --<-0>- '- I "')1' ~.<:Ii ~ ~ ~: k ~ ~ l~ ~ I~ : ~, I ~ I~ I ~ ~ ~~ I ~~_",' ~ ::%r -IS S ~ J Tr._ ,~ " I' L 74"" \ \' ......" _,~ ~I',.N ~ :-1'::: \, ~ /M/.,E '''' . "'-'U;;('\\r~--74''''I__ __..' '--- --14Z.Z7-- .. /I.VoI' '- . .. - ....... 1- -- --H"'~i'JZ /7Z.~8-- 'II 1N1t'1 I ~4T ./z ~ ' (; ... I... Ioil B~. III ~ ()Al4" l("":;'~;;!-5/ I~" hn- P-'C...%. 4ft:.:! --/4/./8 -- --.. ~ --,' 4_ N.N"~. 7.~""""'" l! . \\ _ - - -.::' VINM. ;. ,P",,eCEL 8 ,,-,>> 11: ~-. ---- ~ , Po l.!L...:!;, k ~ , JIII3.'" 4!"p.,,N'$. I . I ,.,' 'I., ~ , I & ..' ~ ~ ~ )01 ~L ~~ ~ ~ " ~ Ci)/ & ~ ~ , ~ Iu(,e' --t.;.. , I , '" ~ I I I. ~ 'I ~ ..... .. , . -'--- -n ~ i ( JJ~K4) /-g-~ ~/lr.. /: ~_~ _L-~ I ~' : ~ I~ ~ -j;VE;- ./ " ,.;J"- -::. :;;r?z .7J - - "', I her.by ..rliry Ihal hil IU'..Y. plan. ... r.pun WII fr.parca by me or \Ind., my di..ct lup...iHlln .nd lhal ..n a duly R.lill.nd und Su...yo. \lndn Ih. IawI or lhe SlIl. or Minnesoll. ... ..~...~....~.............. '/-J"- ".3 /J7T-I- D.I........................................R.I.Nn........... . ..... ............ ~ ~ l.: L, ~ "4 ~ ~ ~. ... ~ ~ ~~ \S I~ i ~ "-I' ~\j ..... i. . . H,,~T# /""'JP' _/4,.?/J. 6Y'1N-/~ L.d4 1I. _ f I WES , I i ANDER50 e '. J , i 'u-'-,---:----~~_6f.-- (( S .../' :.::=:E..==:__ _ _ _ I - ====:.- "M;:- -:: j1/' wf fJ hrnll'1 / v 5/1~r;/I1'/i' . OUTL:':"_ lILY~KE '~(wO'''J&II ~-~~~ 0__.____. .__'._'_'h'~ r 'l.. i i i UL Y LAKE PARK 11 ''- / ..--~.;'; ~ .... ~~~--, \ 2 ~ I _.. ".. U;\::i~>~, ~y/ ~:;~, · \~r}f,~~,"S~! ;0:,1 l . ',,) .,\ '-' --\ \~ " ", : lROm;R~, .-::-..-.----i ~~ --~2 I -- ~ ISnLL.i" '., '- ;\ ~:~-OIj -.... 'lyAn:R , ~, . - - .~, -- ;DI;1'JO II ::: .. {: - _-'"" ~'_"'".....j ~~-:: -:- :.....~-r-- ' ,'-' :;. ....-: I -- _J!. '~~J>..'1 .I '_":...~.;. -7.-'" .. :~-~. 7.~-,/~ '}' I ~ -li%~ - I .. -~, - ...-.;- "It" f-- - ----.; ,..." . ... - ~' . ....t:' g: ~ r' " ,,'. '/ . '~{ -- -- -~. 'i 'I-. - _ f "\ . .. ... ~ ~ I' r ~~. --- '1' " ,.. . >I . 1-.. -.,. '~j-t> ~ ~_ Wi' : .- ,-', " i'--- ---1~.. 1--, __ ""_ __ ~ " ,':2" \, "-~, .,./ ' ;, J - ;! T '" ' '~', - '..,', .V" . -I "I O..u.- !''!''~l,,,.. ; -' kLC_____.L- -". .~.. ,- ,- J ' "- " ... " '-a..'. ~.1 ~ 'C,) : (.;' - V ~ w ", ____- ' 1,' ~ I -z. ~_~ l,-- -~ .jll ____/' ~ ;1 ~. : i I <.ifO,] '~~: ::__- _ } ;. "~01 ~l!l ;'#:~. -17:-r" W\-p " 1;:. -.!'" '<., ~~;'r ......:-'1 '. '" A_ - " ;L, - " J" I 6 !i I~ / ::- j ~- -J--.- ~ PI- =-_~ ' .-! ::::::~:.+- " --=-- -"- - i.-: i-'- , -'.rG.. ! L. I L.I' II ____~:~ i~i._ 'c~ ... :"'d~;~C11 i8~ , '~l I ~_. ~--_.. ..., I! i \ , ULY LAKE BEACH AND RECREA nON AREA 7 'I --: .1. __~'u_ j :l 1= I . ! ! 1m". I i -~~.. ,~~... .~~.~.=,~..~~u__" '; T-- ...--; i 2 :.. , l.. a ~ i i MF' ... -; --1 , \1 - I --.-----~~'~~_l, ......'~...... , I; i i li!1-" Vi ~ :.. p ~ ; i i. I i :... 4" j' __:_1:] :.. ~ ~ , ~ , n..............____.___. '" " t...' CO\ -,f)~ ~ , " '. l - ... :.. ;i, i ; ~ ~ v \, - 1 ~ f-o I ~ ~1 ~ i i ,(YawIng 1tl~'r::Jtf:~~~~ ro onwlWt~OI1co..nvOtlN;" The ~~:,,=~::= "SPO(jllttJranylnaca."IW(It5~01'!iee Sou'ctWlstonglonCOI.:rtySllv . PhoI1.(e$11~8T5 ./ = ~4.. '~""'\~_' ",:''J:'~A':;;'~'''OO wI-. I. SHELTON ,." , arth . :_............_OOC '---"I. _ Location Map ~ v- I R2IW. R20W~~:N n2N T31NI "nlN =t~~ =LJ- R22W 82.lW R20W Vicinity Map ..~~,~,. f!.. ~':7____1i .--=;.....y \ o Scale in Feet ... -- .;." f/~ . . 346 . . I I .,. R21W R20W R19W jUlN ~ T31N :t~ rnN =) :~ nmW nm TI1N T31N R21W RllW lUOW Vicinity Map o 346 Scale in Feet ThiS a-ngis !l'!trfllJltora compilation nreptocll::llonollar'ldtec0l'ds8slt1ty 8lnl8ari'tv.,QU5WasnirlliOflCourtyolllcn Tl18dnWltngsnouldtltusedtlrl'llrer&1'IC>> Pt6PQSe,;OMIy. Wa!ltllngtonCol.f1lyi$l'lOt "$pOrJ;ib.. lor any lOecauades SOurce:WeshlnglonCOIJrtySlJr\ley0r50Illce Pron.(6511.&3l1-68T5 P~d8tebasedonASCOO"formabon CUTel'tllYOughJtvluery3f,2003 Ide9p1irted: Marc1127,20OS ~-~';,.-' \ .....'7---~...~.- ULV LAKE PARK /\ \\ ~~ "_~! '...~/ ..., Ii I -. " I --1".. ..". 1. ~: '~~.. '" ~::-.-/.. ! .. ,,",,' ".:. ~-." . ... \. ;,~ ~.' <';',' i , ,t~'riJ~~~;" j; -~- :(" };~~_>~.II \ \ ':';, ...:\~ , ';';TTER~ :~,'" Ii ~ ~ ' ~---=----' ~ :;-'- .,., ~. 2 :.. :J -:-111:," ADn <iTILL W A. ~" _. i....;. r 10 V \- :/1 ''.fiR.. .'." '__II - I .. L. "'n . ... l ,.~:;;.t,~.~--;I .. ~~j: ,,:~~~~ : / ~ j-" -.. .' " " r I '''-~-;;'::;,l.- -' ., " i ..- , ._---1f< ~ fV) :.. il.... ': '-II i !. ;1 i i lI!j. i: ilt il '- :.. l l~ 6'1-ft,r; , . . Zf?rJJn~ ., r .~ . I II. . WES t I N40ERS0 S . . I . i 1)--I:J ~ ,1-,.J I/-\;j I 1 LILY LAKE ''- _~~_rsa l'IIUtCIm_IVISCW3~ -'--"-. ".--.--. ---.;:.r- -\ -.:-~-.L ULY lAKE BEACH AND RECREA TlON AREA -- -, ~ I .',~;~-~~~-, ~ 'iPi:~, -. --~: ~1;1-' , '- ill '_ ~ ',-#~' 15,-TT.~1 __~ ..-- i, ..~: f: if' -t !:.-----.--rz--- ;1 , '- ~ ,..: ''- gf + ; 11- .; ~~ '. - lS _ ~~~ rr ~ \.... ~,' ,,-~.. ff""- ;1 -. . I I:f';:',.o - -/ -..,~ "__ ~i~!f~~'S~~ ..; :- ~ 1,.. 'I' ~ - ~ 6-:"~ " -- 0" I . _ ~ - ~. " -- ~ ~i-,~~:~ .~-- ~ 0_ c.J 1/ Il - -, 'I , ~;' ---",,-,/'-- . ~ J~...- /-.-. ) ~ lc::~~'j i ' ~----Bf?--b-~- .~J ----------.----. -~!; -~___- · ._-jJ F~_ I !. i- --:1 BF-=r i --...-~, J ..........,,~~ '~ 4 '-'--:Q p ""___0; /- ....:'"" L ~ L. '- j; i' I ~ ti\ l... Location Map '- -6 ..... ~ ~ .-+ Ii' ~I ~: i' I ;!". ~ ORNE--- . fCI/ID"--llIIttICCotO_ I- SHELTON \. ~ . R2IW R20W R19W 131N 13IN 11.N 110N 11m R1'2.W 1U1W R2QW Vicinity Map . o 346 Scale in Feet 1'hisltwwingrsltl'llISUltof.eomp;)etim lrl<lreproO:Jcbonof18f11lreeOl'dSutl"rey ~"lnv.,ousW8ShinttOnOll.l1:vof1lces lhe<<aooingsholJ~~uMdl;)rrel8r"9l1OE1 P\IPO'I"ony WIll5hrl~Ql'lColrtyj$not rvSl)OI1SlOletlr.nyinecCUl'8dll$ . SOIrot.W.sr.nIJOtlCourty$l.rV~Ot!'ic. PI1on.(651J4~875 Parotldalabest(lonAS4(IOill'GmlatiOn WTtfttl'rtll.lgl1 Ja"l1Al'Y31,2003 Meppnrted Marcn21.2003 ~~J':/ _/l/~/l .' I . )' n. . ! . . i . . . I i .... WES ANOERSO . "- OUf~~_ LILY lAKE ~OIVClI'w;oJ'SltS ~I'fl'I&'lSSl-DP _m_ ..__._...__ .-,.- i i ULY LAKE PARK ;i -\ .._--~ \. -~;.; \ ......~- '-..'.., - , ~~ "-1:;\'~:~ii~,: "",, " ... - ~-", o. /~~' ':.. .'c' "',' '.. ~,~~k: .. ,~~~1..~~:~: .-,\ ~, ~, '. . ::::3 -2~n -, .-,.- "" ~~, I ST1LL~h ",'. 'i . u" rv'A.'FER all :: ..~; " l- ., t. -:~Z':: I . . ~ -- 8, - I,. fQOJ\r '1 ,,0..-0 1-- . "'~~\1i I' .... l 'Lto- 2t' - 1- -- li 'I ULY LAKE BEACH AND RECREA TlON AREA -...!-..... , .. I: , i i. :. i , _i. i! ~~~~ I' UJ~V' l~~ =J,i ill ..-- '''-0''.'' ~lL---- _ l - I ~()7 l- i -----~-~-~~ --.-- ,_ _P.:". - _. '. . I :.. l- ~' . I . ~ -----'.- ~'.. 0(1 I !l'\ 1--, _ ..._..J~]5,. ::.:::-=:_-:~- :~'~:::~;:'=i:._ i. !I 4 .< ;! i i .. -ril- 51 O! \ ~ It ---- ~, P - rJ l.. :.. --- - l' ....1 wI . lil I ; .- i~- ! 6 v E r"\ 1 l.. :.. ll' : f--- II __.J ",! ~, 1:IlClIDE.IosaeM'PERCIOCr.o_. I~ii \1lJ SHELTON I \. ORJVE:" Location Map l.. \. ! ~ ~7J)(/~ ~ '\""" R21W I R20W i, :",N nlN ~ ~' ~~ill~ noN ~_ - . T29N n9N ...J.- rnN =w- RZ'2W lU1W R10W Vicinity Map o 346 Scale in Feet nUohw'inlli5 lt1'fr:~[r~~~ 8I'll1nrplOOJdion ~ast1jnQtOl1 COll'tyolllCH ~::i~::.,;:~~~:; ::Snsilll.tJroOVlnaccunJ t')(It'sOtlic$ Wlshn!1onCounlys.... =(6511430-6875 P.':'ldlll'ba$=~~~abon =~~.rth21,2003 rflt1~ ~ I 2JJD3 . FYI C1\}~ I rletJ; V0 I . .--- I ll;? ' ttreI 16 '0 ,e'flN 9Ue- ~t~n~ P')fDSJ f, tl/J +0 c"ror\H(1~~ 01 ~llD( I W\SL 6 0 fluu regtaU(t\fl~ Jf) Tht L, ~v'- , 0e;t~bnDDJ. vh;s tntireJ res;dentd cre4 ls __ ~~ ft/\ f'1:, - ( oe.,p [I fD or -- fh end I if 0 nA oeJe~j-,e; hI) I~alt- .}I L~e.. [ ". I he.: nlb6iD .por Our Dypnsi'rbP ure.: I. -.' \ e (I.. &S~ ') roX.; In: fiJ to ~tWfora ,~ :Jt~en tar ~ I) ~cllDb a oJ d6S,rt -l1at d rE'",t(lUr~h )t fOTn,.t --rl e/lJ It I 1. TIe \\ Ofttr- IDuc:s11 --r(rm'G- ~n On 0 ffiJ of- res~~tb h Drne;) OnAtown lDi)')e5 lU~Th [lulrofu -St~et~. 3. he 00f\[lEpt 0\ I.(et'p:nq- ,~becl-~ J;Uof. 0 nt;~b6fJ LuITh !l/ff~ OnJ ~Qm, Whtre l!)J 1Je4J [\/$JSofV+ llJllc D Ui)lo~f ShDps . - 1\ .l001() --or /JDur Qons~ JrrDt on. ~ ~~~f~~'f 1J:ett . . . . '~' MeITlorandum To: From: Mayor and City Council Klayton Eckles, Director of Public Works -~ Date: March 21, 2003 Subject: Approval of Proposed Right-of-way Permit DISCUSSION Previously City Council adopted ordinance 890, an ordinance pertaining to right-of-way management. This ordinance regulates the use of public right-of-way by private utility companies. The ordinance requires set up of a right-of-way permit, an obstruction permit and a registration application. City staffhas completed each ofthese items and they are attached for Council review. The application for a right-of-way permit and the registration application provides the City with information regarding who, what, when and where underground or overhead work will take place in the right-of-way. City staffwill review this information and determine whether a permit is appropriate and under what conditions it should be granted. Also attached is an obstruction permit. This permit will be used when a contractor or a permittee plans to occupy a portion of the roadway for a period of time. Contractors that wish to locate construction equipment or dumpsters or any other obstruction that might hinder the use of the roadway or right-of-way would be required to get an obstruction permit. Final item attached and perhaps the most important is the right-of-way permit fee schedule. This document sets forth a list of permit fees. These fees are designed to cover the City's costs both to observe and manage the installation of the private utility and deal with the permanent impacts to the right-of-way that will result. Perhaps the most significant aspect ofthis is the degradation fee. Degradation fees are based on the amount of disturbed blacktop. These fees are charged to account for the reduce overall life of the roadway. They will hopefully also have the indirect impact of reducing the amount of overall roadway disturbance and encourage utility operators to use nondestructive techniques for their installation. The City of Stillwater ordinance is based on the League of Minnesota Cities model ordinance and similar forms of it have been adopted by many other cities in the metropolitan area. The ordinance and the accompanying permits have become a necessity due to the federal telecommunications act that has granted use of the right-of-way to any private utility company. One issue concerning degradation fees that the city staff has debated about concerns how much if any degradation fee should be charged to individual private homeowners for their sewer or water connections. On the one hand sewer or water service connections if improperly constructed can have major degradation of a roadway causing trench settlements and surface cracking. On the other hand homeowners that are required to pay significant degradation fees on top of the cost of repairing a service and a roadway will certainly see these fees as onerous. March 21,2003 , I As a possible remedy the City may wish to forgo degradation fees involving connections to city . owned utilities.. . RECOMMENDATION Staff recommends that Council review the attached applications and pass a resolution adopting the attached forms as the City's official permit documents as well as setting forth the attached permits fees for work within the City right-of-way. Council should also consider the issue of degradation fee charges related to private homeowners hooking up to public city owned utilities. The attached resolution assumes the City Council exempts homeowners from this degradation fee. ACTION REOillRED If Council concurs with staff recommendation, Council should pass the attached resolution adopting the right-of-way permits and fee schedule. 2 . . . . . RESOLUTION APPROVING RIGHT -OF-WAY PERMITS AND FEE SCHEDULE WHEREAS, City Council deems it necessary to have a right-of-way permit and fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL W A TE.R, MINNESOTA hereby approves permits and set fees as follows. PERMIT FEES I PERMIT TYPE I Hole: I Trench: I Boring: I Non-excavation (Obstruction): I Extension: . I Penalty: I Degradation: FEE $150.00 per hole $150.00 plus $0.40 per lineal foot of trench $150.00 plus $0.40 per lineal foot of boring $50.00 plus $0.06 per lineal foot $25.00 plus $25.00 per week of extension 2 times the amount of standard permit To be calculated by City (see below for estimates) DEGRADATION FEES - homeowners are exempt Degradation Fee Estimates for Bituminous Street: New Street o to 5 years Existing Street o to 5 years Street to be reconstructed in next 5 years $4.00 per square foot $2.00 per square foot $1.00 per square foot Degradation Fee EstimatesJor Bituminous Pathwaw New Path $1.50 x path width x length o to 5 years Existing Path $1.00 x path width x length 5 years old to 5 year plan Path to be reconstructed $0.50 x path width x length in next 5 years Adopted by the Stillwater City Council this 1 st day of April 2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . REGISTRATION APPLICATION CITY OF STILLWATER ENGINEERING DEPARTMENT 216 North 4th Street. Stillwater, MN 55082 Phone: (651) 430-~830 . Fax: (651) 430-8810 Please check whether you will be the Owner of equipment placed in the ROW or a Contractor wishing to work in the ROW. If other, please explain in next section. o Equipment Owner o Contractor o Other (Explain)* o New Applicant or o Updating Information REGISTRATION I R (Company .In~ Namp' * If "other" was checked above. Dlease eXDlain: Company Name: Address: City, State, Zip: Phone: Fax: Operator Re~istration No: 110 Number (If Contractor): PRESENTATI speak for the Co. LOCA . Name: Address: City, State, Zip: Phonp' Fax: E-mail: NAME , 24 HqUR EMERGENCY. CONTACT INFORMATION. - - - PHONE NUMBER o Certificate of Insurance o Certificate of Incorporation o Certificate of Authority from the Minnesota Public Utilities Commission (MPUC) o Removal Bond (Equipment Owner Only) o Minnesota Contractors License o A minimum $10,000.00 Construction Performance Bond required for STILLWATER within the . Date Received: Registration # Assigned: Date Approved: Registered By: " If CITY OF ,STILLWATER . ENGINEERING DEPARTMENT PHONE: 651-430-8830 FAX: 651-430-8810 216 NORTH FOURTH STREET STILLWATER, MN 55082 RIGHT-OF-WAY PERMIT FEE SCHEDULE PERMIT FEES I PERMIT TYPE I Hole: I Trench: I Boring: I Non-excavation (Obstruction): I Extension: . I Penalty: I Degradation: FEE $150.00 per hole $150.00 plus $0.40 per lineal foot of trench - - $150.00 plus $0.40 per lineal foot of boring $50.00 plus $0.06 per lineal foot $25.00 plus $25.00 per week of extension 2 times the amount of standard permit To be calculated by City (see below for estimates) DEGRADATION FEES Due to the difficulty in determining the possible scope of some projects, the City will only be able to provide an estimate ofthe degradation fee when a permit is issued. The City Right-of- . Way inspector will calculate the degradation fee after the complete scope of work is determined. Degradation Fee Estimates for Bituminous Street: New Street $4.00 per square foot o to 5 years Existing Street $2.00 per square foot o to 5 years Street to be reconstructed $1.00 per square foot in next 5 years Degradation Fee Estimates for Bituminous Pathwav: New Path $1.50 x path width x length o to 5 years Existing Path $1.00 x path width x length 5 years old to 5 year plan Path to be reconstructed $0.50 x path width x length in next 5 years . . . . OBSTRUCTION PERMIT CITY OF STILLWATER ENGINEERING DEPARTMENT 216 North 4th Str~et .Stillwater, MN 55082 Phone: (651) 430-8830 -Fax: (651) 430-8810 r PERMIT NO. (City will provide) PERMIT FEE $90.00 · Traffic control plan must be submitted with application and approved before OBSTRUCTION PERMIT is granted. The following applicant is permitted to temporarily occupy a portion of the roadway. The applicant agrees that the specified portion of the roadway will be used for: Location: Company Name: Company Adress: Phone: Contact Person: City Registration No. SPECIAL CONDITIONS: Date Issued: Authorized By: City Street at Fax: - . Must be reaistered with the Citvof Stillwater to obtain !16nnit . CITY OF STILLWATER. OFFICE USE ONLY Date Permit Expires: City of Stillwater Engineering Depatment APPLICATION FOR RIGHT OF WAY PERMIT OFFICE USE ONLY CITY OF STILLWATER ENGINEERING DEPARTMENT 216 North 4th Street. Stillwater, MN 55082 Phone: (651) 430-8830. Fax: (651) 430-8810 Permit No City Street Permit Fee $ . Company Project No. Application is hereby made for permission to place, construct, and thereafter maintain a . along or across ,to , (north, south, east, or west) side of the City Street in accordance with the attached sketch. from feet from centerline on the ,I. Aerial Utility Construction Type Ivoltaqe Minimum hei9ht of cond~Jctor: II. Underground Utility Construction Type _ Conduit Tvee Casing Tyee Size IMax. operating pressure . -I Depth 'Ivoltage Method of Installing Under Roadbeds (If open trench, explain why and complete Sect/on IV. Excavation. If wot1c will obstruct a traveled lane of a CIty Road, complete Sect/on III. Obstruct/on of Roadway.) o Boring 0 Jacking Type of Work Feet along street Feet at crossing over street III. Obstruction of Roadway o Open trench Start Date and Time End Date and Time IV. Excavation Type of Work In Roadway? 0 Yes 0 No IStart Date and End Date V. Work to start on or after. and be completed on or beforp VI. The applicant shall perform all work according to the terms of this permit, the City of Stillwater Right of Way Ordinance and all otheer regulations of The City of Stillwater, and any Special Provisions which are attached to the permit The applicant shall comply with all applicable laws and ordinances, codes, and regulations. The work performed~h in no way detrimental to the street or to the safety of the public. All traffic control shall comply with the provisions of the Minnesota Manual on Uniform Traffic Control Devi including the Termporary Traffic Control Zone Layouts Field Manual. Applicant shall supply accurate electronic "as-bullf' drawing files in either .DWG or .DXFformal Files wi accepted in other formats and converted, at the appllcanfs expense, to a compatible formal If files cannot be converted by the City, the applicant must convert them to a compatible formal Conversion costs will be billed by the City at applicable billable labor rates plus material costs. Name of Company making application: Registration #: Contact person: Phone: Date: Address: street city state zip Signature: Title: DO NOT WRITE BELOW THIS AREA UTIUTY PERMIT AUTHORIZA TION Performance Requirement In a....."" ";..nce with this application, a Right of Way Permit Is granted to the applicant to pl8ce, construct, and maintain said utility on or across the right of way of said City Street In the location shown on the sketch which Is a part of this application, or in a location or manner specified by the City Engineer in the attached Special Provisions. A copy of this Permit must be available at the work site at all times. Performance Bond, Cashier's Cheek, or Certified Check No. No Interest shall be earned or paid on this deposit . Amount SPECIAL PROVISIONS Approved City of Stillwater Engineering Department Date . Copies: DAoplicant OCity Engineer Revised 12.26-01 . Ordinance No. 890 City of Stillwater, 'Vashington County, Minnesota An ordinance to 'enact anew Section . of the Stillwater Code of Ordin.ances to administer and regulate the public rights-of-way in the public interest, and to provide for the issuance and regulation of right-of-way permits THE CITY COUNCIL OF STILL WATER ORDAINS: Chapter 24, Section 24-1, of the Stillwater Code of Ordinances (hereafter "this Code") is hereby repealed in its entirety, and is replaced by the following new Section 24-1 (hereafter "this Section"), to read as follows: Chapter 24 Right-of-Way Management . Sec. 24-l.Findings, Purpose, and Intent. . This section shall be interpreted consistently with 1997 Session Laws, Chapter .123, substantially codified in Minn. Stat. ~~ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right.:..of- way. This section shall also be interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950 where possible. To the extent any provision of this section cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This section shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Sec. 24-2: Election to lVlanage the Public Rights-or-Way Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant Minn. Stat. ~237.163, subd. 2(b), to manage rights-of-way within its jurisdiction. Sec. 24-3. Definitions. The following definitions apply in. this section of this code. References hereafter to "sections" are unless otherwise specified. Defined terms remain defined terms \vhether or not . capitalized. CD24:3 "City" means the city of Stillwater, Minnesota. For purposes of Sec. 24-24, city means i. elected officials, officers, employees and agents. "Commission" means the State Public Utilities Commission. . "Congested Right-<>f~Wa:y" means a crowded condition in the subsUrface of the public right"""" of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stat. ~216D.04, subd. 3, over a continuous length in excess of 500 feet. "Construction Performance Bond" means any of the following forms of security provided at permittee's option: A. Individual project bond; B. Cash deposit; C. Security of a form listed or approved under Minn. Stat. ~ 15.73, subd. 3; D. Letter of Credit, in a form acceptable to the city E. Self-insurance, in a form acceptable to the city F. A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. :.Degr~da. tion." means a ~ecrease in the use~lli~e of the right"":Of..-way caused b~ excavatio.. m or dIsturbance of the nght-<>f-way, resultmg In the need to reconstruct such nght-<>f-wa earlier than would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. . "Degradation Fee" means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-<>f-way caused by the excavation, and which equals the degradation cost. "Department" means the department of public works of the city. . . "Department Inspector" means any person authorized by the city to carry out inspections related to the provisions of this section. "Director" means the director of the department of public works of the city, or her or his designee. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-<>f-way excavation, obstruction, patching, or restoration as established by permit. . CD24:4 . "Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "'Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of-way. . "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part ofa right-of-way. "'Excavation permit" means the permit which, pursuant to this section, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way described in such permit. "Excavation permit fee" means money paid to the dty by an applicant to cover the costs as provided in Sec. 24-11. "Facility or Facilities" means any tangible asset in the right-of-way required to provide Utility Service. . "High Density Corridor" means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities ina common conduit system or other common . Structure. . "Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement. "Management Costs" means the actual costs the city incurs in managing its rights-of-Way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way User for the use of the right-of-way, the fees and cost.of . litigation relating to the interpretation. of Minnesota. Session Laws .1997, Chapter 123;. ~~. Stat. ~~ 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Sec. 24-26 of this section. "Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. . "Obstruction Permit" means the permit which, pursuant to this section, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. CD24:5 "Obstruction Permit Fee" means .money paid to the city by a permittee to cover the costs all provided in Sec. 24-11. "Patch or Patching" means a method of pavement replacement that is te~porary in nature. A patch cOIisistsof (1) the compaction of the subbas~and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimumofnvo feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five-year project plan. "Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. "Permit" has the meaning given "right-of-way permit" in Minn. Stat. ~237.162. "Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this section. "Person" means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. "Pr~bation" means the status of a person that has not complied with the conditions of thi. sectIon. . - _ _ _ _ "Probationary Period" means one year from the date that a person has been notified in writing that they have been put on probation. "Registrant" means any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way . "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. "Restoration Cost" means the amount of money paid to the citY by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota public Utilities Commission rules. "Public Right-of-Way "means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right- of-way does not include the airWaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. . CD24:6 . "Right-of-Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this section. "Right-of-Way User" means (1) a telecommunications right-of-way user "as defined by Minn. Stat. ~237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of- way ijIat is used or intended to be used for proViding" utility service, and who has a right undedaw, franchise, or ordinance to usethepublicright-of'-:'way. . "Service or Utility Service" includes (1) those services provided by a public utility as defmed in Minn. Stat. ~216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas" or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat. Chapter 308A; and (6) water, sewer, steam, cooling or heating services. "Supplementary Application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. "Temporary Surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is ternporary in nature except when the replacement is of pavement included in the city's two-year plan, in which case it is considered full restoration. . " . . " "Trench" means "an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. "Telecommunication right-of-way User" means a person owning or controlling a facility in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. F or purposes of this section, a cable communication system defmed and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defmed in Minn. Stat. ~216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap~ 308A, are not telecommunications right-of-way users for purposes~fthis section, "Two Year Project Plan" shows projects adopted by the city for construction within the "next two years. Sec. 24-4. Administration. The director is the principal city official responsible for the administration of the rights-of- way, right-of-way permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder. . . CD24:7 Sec. 24-5. Registration and Right-of-Way Occupancy. . Subd. 1. Registration. Each person who occupies, uses, or seeks to occuPY or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration ~ill. consist of providing application information and paying a registration fee. .. . Subd. 4. Registration Prior to Work No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of- way without fIrst being registered with the city. Subd.3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of- way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this section. However, nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law. Sec. 24-6. Registration Information. .Sub~. 1. Inf.ormation Require~ .The information provided to the city at the time o. regIstration shall Include, but not be lImIted to: .. (1) Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business m the Btate of Minneso~ ora form of self ins~ce acceptable to the city; . b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage Of. underground facilities and collapse of property; CD24:8 . c. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable .and for whom defense will be provided as to all such coverages; d. Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or materiai modification of a coverage term; . e. Indicating comprehensive liability coverage, automobile liability coverage, workers ~ompensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this section. . (4) The city may require a copy of the actual insurance policies. (5) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. Sec. 24-7. Reporting Obligations. Subd. 1. Operations; Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-:way. The plan shall include, but not be limited to, the following information: (I) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next-year project"); and (2) To the extent known, the tentative locations and estimated beginning and ending 4ates for all projects contemplated for the five years following the next calendar year (in this section, a "five-year project"). The term "project" in this section shall include both next-year projects and five-year projects. By January I of each year the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed .of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. . Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. CD24:9 Notwiths~ding ~e foregoing, a regi~trant may at any time join in a Next-year project of. another regIstrant lIsted by the other regIstrant. . Subd.2. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted .tq the dty if the registrant has used commercially reaSonable efforts to anticipate and plan for the project. Sec. 24-8. Permit Requirement. Subd. I. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of- way permit from the city to do so. . (1) Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. . Subd.2. Permit Extensions. No person may excavate obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd.3. Delay Penalty. In accordance with Minnesota Rule 7819.1000, subp. 3 and notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty. shall be established from time to time by city council resolution. Subd.4. Permit Display. Permits issued under this section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be. available for .. inspection by the city. . Sec. 24-9. Permit Applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this section; . CD24:1O . (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (3) . Payment of money due the city for: a. permit fees, estimated restoration costs and other managementcosis; b. . prior obstructions or excavations; c. any undisputed loss, damage, or .expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; . d. franchise fees or other charges, if applicable. (4) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (5) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. . Sec. 24-10. Issuance of Permit; Conditions. Subd. 1. Permit Issuance. If the Applicant has satisfied the requirements of this section, the city shall issue a permit. Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. Sec. 24-11. Permit Fees. . Subd. I. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount sufficient to recover the following costs: (1) the city management costS; (2) degradation costs, if applicable. Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd.3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow Applicant to pay such fees within thirty (30) days of billing. CD24:11 Subd. 4. Non Refundable. Pennit fees that were paid for a pennit that the city has revoked. for a breach as stated in Sec. 24-19, are not refundable. Subd.5. Application to Franchises. Unless otherwise agreed to in a franchise, management co~ts may be charged separately from and in addition to the franchise fees.i.rpposed on a right-of-:-way user in the franchise.. . Sec. 24-12. Right-of-Way Patching and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the pennittee or when work was prohibited as unseasonal or unreasonable under Sec. 24-13. Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (2) (3) (1) City Restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such Restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defeC~Vework. . . .. .. ..... Permzttee Restoratlon. If the permIttee restores the nght-'-Of-way Itself, It shall at the . time of application for an Excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. Degradation fee in Lieu of Restoration. In lieu of right-of-way restoration, a right- of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd.3. Standards. The pertnittee shall perform excavation, backfilling, patching and . restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. .. Subd. 4. Duty to Correct Defects. The permittee shall .correct defects in patching, .or. restoration performed by permittee or its agents. Permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Sec. 24-13. Subd.5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely compl~te all. restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right- CD24:12 . of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 24-13. Other Obligations. Subd. .1. Compliance With Other Laws. Obtaining a right-::-<>f-way permit doe.s not relieve. permittee of its duty to obtain all other necessary. penmts, licenses, "and authority arid to pay "all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements ofIocal, state and federal laws, including Minn. Stat. 216D.0l-.09 (Gopher One Call Excavation Notice System). A permittee shall perform all work in confvuuance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited Work Except in an emergency, and with the approval of the city, no right-of-way Obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. . Subd.3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Sec. 24-14. "Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions of this section or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Sec. 24-15. Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat. Sees. 237.162 and 237.163. Sec. 24-16. Inspection. Subd. 1. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a Completion Certificate in accordance Minnesota Rule 7819.1300. Subd. 2. Site Inspection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. . Subd.3. Authority of Director. CD24:13 (1) At the time of inspection the director may order' the immediate cessation of any work . which poses a serious threat to the life, health, safety or well being of the public. (2) The director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The ordershall state that failureto correct the violation'will be cause for revocation of the permit~' Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Sec. 1.22. Sec. 24-17. Work Done Without a Permit. Subd. I. Emergency Situations.. Each registrant shall immediately notify the director of any event regarding its facilities, which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the Emergency. Subd.2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said pe~t, pay ,', double all the other fees r:quired by the city code, d.eposit ,with the ~ity the fees n.ecess~ to., correct any damage to the nght-of-way and comply WIth all of the reqUIrements of thIS sectIon. Sec. 24-18. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 24-19. Revocation of Permits. Subd. I. Substantial Breach. The city reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance,i'ule or regulation, or any material, condition of the permit Asubstantial breach by permittee shall include, but shall notbe limited to, the folloWing: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; . CD24:14 . (4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the pennittee's control; or (5) . The failure to correct, ina timely manner, work that does not conform to a condition indicated on an order issued pursuant to ~ec. 1.19. . Subd. 2, Written Notice of Breach If the city determines that the pennittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the pennit. A substantial bre~ch, as stated above, will allow the city, at his or her discretion, to place additional or revised conditions on the pennit to mitigate and remedy the breach. Subd.3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or pennittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the city, or pennittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one .(1) full year. . Subd. 4. Cause for probation From time to time, the city may estabiish a list of conditions . of the permit, .which if breached will automatically place the permittee on probation. for one full year, such as, but not limited to, working out of the allotted time period or working on right-of- way grossly outside of the permit authorization. Subd.5. Automatic Revocation If a pennittee, while on probation, commits a breach as outlined above, pennittee's permit will automatically be revoked and permittee will not be allowed further pennits for one full year, except for Emergency repairs. Subd. 6. Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including Restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 24-20. Mapping Data. Subd. 1. Information Required Each registrant and permittee shall provide mappirig infonnation required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Sec. 24-21. Location and Relocation of Facilities. . Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. CD24:15 Subd.2. Corridors. The city may assign specific area within the right-of-way, or any. particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-:of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall des~gnate the proper corridor for the facilities at issue. .. . .' . , . Any registrant who has facilities in the right-of-way in a position -at variance with the .. corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 3~ Nuisance. One year after the passage of this section, any facilities found in a right-of-way .that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, inc1uding,but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. Sec. 24-22. Damage to Other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or ~ove a registrant'~ facilities to. protect i~, the city sh~l n~tify th~ local represent~tive as e. arly as.. IS reasonably possIble. . The costs assocIated thereWIth WIll be bIlled to that regIstrant andmus be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an Emergency occasioned by that registrant's facilities. Sec. 24-23. Right-of-Way Vacation. Reservation of right. If the city vacates a right-of-way which contains the facilities of a registrant, the registrant's- rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 24-24. Indemnification and Liability. By registering with the city, or by accepting a permit under this section, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 24-25. Abandoned and Unusable Facilities. Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the_ registrant's obligations for its facilities in the right-of-way under this section have been lawfullyW assumed by another registrant. CD24:16 . , . . , . . . Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 24-26. Appeal. . . . . . . 'A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, .or fee imposition reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 24-27. Severability. If any portion of this section is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this section precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. Adopted by theCity Council of the City of Stillwater this 7thdayof March ,2000. .~~~. J~~l , I ayor "/ Allt.ST: .(If\L ~ Modi \\ eldon, Clerk Published Stillwater Gazette March 29, 2000 (by summary) CD24:17 , ' . , RESOLUTION NO.:2000-96 . A RESOLUTION OF IJ::1J:!; STILLWATER CITY COUNCn. DIRECTING IJ::1J:!; PUBLICATION OF AN ORDINANCE BYIULEANDSUMMARY WHEREAS, the Stillwater City Charter at SectionS.03 Subd. F authorizes the City Council by 4/5's vote ofits members to direct the publication oflengthy ordinances by title and summary if the summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The title of the ordinance to be published is as follows: An ordinance adding a section to The ~ti11water City Code of Ordinances for the administration and regulation of the public rights-of-way in the city and to provide for the issuance and regulation of right-of-way permits. 2. A summary of the ordinance is as'follows: The ordinance pertains to any construction, digging, or work performed by any public or private party in the streets and other right-of-ways of the City. Rules are enacted to ensure that any excavation is repaired properly, that anyone working in the right-of-way, provides security to ensure that the right-of-way will be adequately restored. The ordinance also provides that the City is entitled to collect permit fees from users of the right-of-way provided that the fees collected must not exceed the actual costs of managing .. and controlling the right-of-way. '. . 3. A complete printed copy of the ordinance is available for inspection by any person during the regular office hours at the office of the City Clerk, City Hall, 216 North Fourth Street. 4. A copy of the entire text of the ordinance must be made available in the Stillwater Public Library. Enacted by the City Council this 21st day of March, 2000. h~~~~ Ja~rle,~ '. . ATTEST: .~ (LJ, ~,j..-.-- Morli l eldon, City Clerk r . . STAFF REQUEST ITEM I Department: Fire I Date: March 28, 2003 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to apply for the 2003 Federal Fire Act Grant - A Fire Prevention Equipment Package including: . 14' enclosed Wells Fargo Trailer with 2 ramp doors, generator, awning, and lights. . Freckles the (robotic) dog . 10 fire extinguishers . Display boards - backdrop panel for a booth FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) . Commitment to 10% matching funds required at time of application. Total cost of all equipment is $22,000. Federal grant would cover 90% of cost. Total cost to City of Stillwater would be 10%, or $2,200. $2,200 to be paid from approved 2003 capital outlay funds, that were carried over and previously designated for renovation of a boat obtained through the federal excess property program. ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. . , Submitted by: Kim Kallestad J::'~ Date: March 28, 2003 MEMORANDUM . TO: FROM: Mayor and City Council Shawn Sanders, Assistant City Enginee~'5' DATE: March 27,2003 RE: Feasibility Report for 2003 Street Improvement Project DISCUSSION The plans and specifications for the 2003 Street Improvement Project are near completion. The bid opening is scheduled for May 5, 2003 at 10:00 a.m. with the bids presented to Council at the May 6, 2003 meeting. RECOMMENDATION It is recommended that Council approve the plans and specifications and authorize the advertisement for bids for the 2003 Street Improvement Project . ACTION REOUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2003- ,RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR 2003 STREET IMPROVEMENTS (Project 2003-02). . . APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2003 STREET IMPROVEMENT PROJECT (pROJECT 2003~02) WHEREAS, pursuant to a resolution passed by the Council on March 18,2003, the City Engineer has prepared plans and specifications for the 2003 Street Improvement Project (project 2003-02) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Monday, May 5, 2003, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City . Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on May 6, 2002, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent ofthe amount of the bid. Adopted by the Council this 1st day of April 2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director I' March 27, 2003 New Signage for Downtown Pay Parking Program '" The City Council approved a contract with Lane Group to work with the Downtown Parking Commission, police and planning departments on a new parking signage program. The Downtown Parking Commission met on March 27,3003 to review the sign program. At that meeting they recommended new signage for the two pay lots (see attached signs). The estimated costs of making and installing the signs by city staff is $8,000. The cost would be paid by the parking proceeds. Recommendation: Authorize expenditure of $8,000 maximum for pay parking signage (resolution). Attachment: Sign design. _l :~c:;. _ _.:-~ '_. _: ~_~ ~ -~ ~ . . I . . . Memo To: From: Date: Subject: Mayor and City Council t--/ Steve Russell, Community Development Director March 27,2003 Request by Stillwater Trolley Co. to Use Two On-Street Parking Spaces for Trolley Parking. The request is to use two Nelson Street on-street parking spaces for parking the trolley's for the Stillwater Trolley tours operation. The relocation of the ticket booth to railroad property was recently reviewed by the Planning Commission. A condition of approval was requiring the trolley operation to get a license from the city and th pay for the use of the two parking spaces. The Downtown Parking Commission reviewed the request at their meeting of March 27, 2003 and r4ecommened a $500/space fee based on the revenues produced by a space in the South Main and Riverview pay lots. Attachment: Letter from Stillwater Trolley Co., 3/26/03 StilluQ,ter rrolley Company 400 Nelson St. Stillwater, MN 55082 Phone 651.430.0352 . March 26, 2003 To the Stillwater City Council: At the recent planning commission meeting it was recommended by Steve Russell that I apply for parking permits for the two spaces used by my trolley operation on Nelson St. No dollar amount was discussed as to the cost of the annual permit. While determining an annual fee I hope you will take into consideration the information and help we give to guests of our city due to our location, as well as the parking change we make and the many cases of visitor guides given out each year. Thank you for your consideration of this matter. . ~i~Ce~IY, f} \' )~'""""\) ,,/ ". . \ '. r." '1_._-".... _ ./ ' I Y-?"- ---"'- Robert Raleigh ';" Stillwater Trolley Co. . . . . ~ Memorandum To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director ~ March 28, 2003 Tax Increment Financing Request forStillwatet Lofts Project (TIF/OI-0l) Background. The Lofts development site is located in the Downtown Redevelopment District. The site is situated in the flood plain district, is contaminated and has poor soils similar to other sites on the east side of North Main Street. The site is located between the railroad tracks and Main Street, has previously housed industrial and a filling station use. On January 21, 1003, the City Council received a preapplication for TIF assistance. Staff was directed to work with the developer on a final TIF agreement. The extra ordinary development site constraints were known at that time but the exact cost and extent of site work necessary to make the site developable were not known. The Lofts of Stillwater TIF application is attached. The application is organized in the following sections: Application, But-For Analysis, Source of Funds, Construction Schedule, Development Team and Project Plans. The City's TIF review team met with the applicant to discuss and clarify the request. As described in the application, TIF assistance is being requested for environmental clean up ($209,836), soil correction ($915,022, flood protection and public improvements ($311,741) and land acquisition ($1,037,094) totaling $2,473,666. After discussion with the applicant and review ofthe City's TIF Policy and need for City TIF funds to pay for planned for downtown public improvements, a 50 - 50 percent split of net available TIF proceeds was agreed to. It is estimated that this ratio will result in the development receiving a maximum of$2.0 million for the 25 year life of the project. This amount of assistance has been agreed to by the applicant. It should be emphasized that this is pay-as-you-go assistance and that it is the obligation and responsibility of the property owner to pay property taxes to receive assistance. As agreed to, the City of Stillwater will receive a similar 50 percent split ofTIF to use for downtown improvement projects according to the adopted redevelopment plan. Terms of the TIF Agreement. The Lofts of Stillwater. b}c.. shall receive 50 !,ercent of net available TIF assistance 12rOc;ljyc.!~ to a maximum of$2.0 !!IiJIion for TIP elig,l]l(! 1j;X'pen~~~ (flooc:l !,lrotection. site clean UD. soils <!orryc;t~on. public improvemen!~ ~l1d h:mc:l ~(xlJ!isitionh Recommendation: Approval of above terms ofTIF assistance for Stillwater Lofts project and direct preparation of final development agreement. Attachments: Lofts TIF Application, Letter of 3/27/03, Daniel Schleck. 03/27/2003 14:12 FAX 6123470600 Winthrop & Welnstlne ~002 WINTHROP & WEINSTINE ~ A PIl0Pl!SSIONAl. "SS(lCIAt'lOIll Attorneys and C~U1I$elors at l.4w . )000 DiIin Rauscher p~ 60 $0Il1h Sixth SIR.l:t MWnellvolis, Minnesou 5540~-4430 Dmjel S. Schleck (612) 347.0617 cIlc:hlC(k@wintbrcp.colll l200 MiIlnesola World 'fiade Center 30 EaSl Seveath SlIfe! Sai;tlt Paul, MmaesOT-' '5101-4919 ~phonl: (612) 347-0700 "Fax (612) 347.~OO td~one(6'1)Z9~8400 Pax(651)~92.9347 Reply To: Minntapolis www.winthrop.com March 27, 2003 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Via Facsimile. Re: Tile Lofts of Stillwater, [ne. Tax Incl'ement Financing . Dear Steve: As we discussed on the phone, I am writing you on behalf of The Lofts of Stillwater, Inc. to formally accept the City's offer to use up to $2 million in tax increment generated from the Lofts of Stillwater development to fund the public improvements at. the site. As we discussed at our meeting, these funds will be used with projects associated with the public improvements at the site including infrastructure, new floodwall and others. The developer is vety appreciative of the fine work the City staff has engaged in to bring this agreement to finalization and we look forward to working with you in the future. I look forward to discussing the formalities of this arrangement with you and if you ha.ve any questions please contact me at the phone number listed above. Sincerely, WINTHROP & WEINST ~- I ~;g. By ---=---" Daniel S. Sehleck cc: Mark A. Saliterman (via facsimile) 202306Svl . . '--'.le --,O.ts 0.:- Str~.water, _nc. '-'ax =ncrement ~inancing . A-)C)~.ication . APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE 1. Qualifications of developer, including prior experience in similar or other developments. Qualifications of principal member of development team, including the architect, construction company, and financial advisor. See Exhibit A . 2. "But for" letter describing need for TIF assistance. See Exhibit B 3. Financial information, including developer participation, and public and private funding. See Exhibit C 4. Description of present ownership arrangement of project site. The current fee owner of the site is The Lofts of Stillwater., . 5. Describe project. If project is a building, or addition to a building, specify number of stories, square footage, and related parking. (Attach site plan, landscape plan, and building elevations indicating building materials.) The Lofts of Stillwater Condominium (!h~ "~..oiect") will be four stOry residential condominium buildin~ with underflr~und uarkh\!t The Proiect ~~ill contain ~t lea~t fifty-ei~ht (58) residential condominium units and will h9'Y~ 109.000 ~f1!~;!re feet of total livable . area.. The undereround parkin!! ",HI i!',clude space for 137 cars. 6. Describe use in building, Le. industrial office, commercial, and number of new employees resulting from the project. The Proiect will be a fifty-eight (58) unit condominium building ~:hich \Viii emplov the ~1!m~ !,!llmber of people as similar size and tvne buildin~ 7. Estimated project costs: a. Land acquisition: $1.037.094 b. Site development: $1.847.017 c. Building cost: $20.955.331 d. Equipment: $0 e. Architectural and engineering fees: $983.200 f. Legal fees: $90.000 g. Bond discount, fees to underwriter and brokerage fees $150.000 . h. Interest during construction $3.320.000 1. Off-site development cost: $211.714 .'" J. Initial bond reserve fund: $120.000 k. Contingencies: $776.192 1. Real Estate Commissions $2.415.000 m., ~arketing $175.000 Total $32.080.548 8. Will project be occupied after completion? Ifnot, state name of future lessees and status of commitments or lease agreements and amount of space. (Attach lease documents.) The condominium unit~ ~!"~ f~!" ~;t!~ ~!!!~ts and will be sold as the market nermits. 9. Describe amounts of City assistance being requested and discuss for what purpose. . The Develoner reou~~ts a total of $2.473.666 to be used for the followinf nurnoses: environmental site rel!!~rliation~ $]09.836. the costs of soil corrections necessarv to construct the nronosed buildin!!~ $9t5.0~2~ costs for land acouisition. $1.037.094 and for the costs to construct public imprf.lY~IDents including flood nrotection. $311.714. 10. Are there any significant environmental. impacts to the site or area that may result from the project? None. In fact. redevelooment of the, site will exoedite the removal PaH and netroleum contal!lination on the site. Also~ the nesticide. endrine ketone. has been found on the site and as part of ~~~ redevel.QPment. it will need to be removed from the soil. 11. Present schedule showing dates for design, construction and occupancy of the project. See Exhibit D 12. Applicant: a. Name: The Lofts of Stillwater. Inc. b. Address Diamond Hill Center 4301 Hie:hwav 7. Suite 100 St. Louis Park. MN 55416 c. Phone (952) 920-8282 d. Authorized Representative Mark A. Saliterman e. Business Firm (partnership, Corporation, etc.) Corn oration f. Date the Partnership or Corporation was formed Mav 17. 2002 . 13. Names and addresses of principal partners, major stockholders, etc. See Exhibit E 14. Names, addresses, phone, and contact person for firms providing consulting services for the project. See Exhibit F 15. Financial HistorylReferences a. Have you applied for conventional financing for the project? Yes List status and details Presentation wa~ mad~ ~~ L9~!! Committee on Februarv 5. 2003 b. Have you or any of the principals in the project ever filed for bankruptcy? No c. Have you or any of the principals ever defaulted on property taxes for property in . ~he City of Stillwater? No d. Are your or any of the principals currently delinquent on property taxes for property in the City of Stillwater? No e. List three financial references See Exhibit G . 16. A statement indicating the developers willingness to undertake the development of the proposed project if: a. A satisfactory agreement can be reached for the City's commitment for the requested public improvements; b. A satisfactory mortgage and equity financing for the proposed project can be secured; and c. The economic feasibility and soundness of the proposed project have been analyzed and confirmed to the satisfaction ofthe City and the developer. Develoner al!rees that subject to: . 1. Obtainin~ satisfactory financin~ for the Project.. includin~ a mort~~e and eauitv financinl!: 2. Enterinl! into a satisfactory ~evelonment ap.reement with the City of Stillwater cov~tin'l ':fax Increment. Financin,? ~nd 9!her related issues pertaininl! to the Project, 3. The City of ~tillwater and the l)~velo'per a~reein2 that the Project is economicallv feasible with the Tax Increment Financinl! assistance:. The Devel09e.!" "-,ill construct th~ ~!:Qi~c:! ~~ ~~~i2ned. at J~~st a fiflv eight (58) unit condominiuIl! bui'din2. one h@dred thirtv-seve~,," (137) stall narkine; ~aral!e. 17. Statement of willingness of developer to enter into an agreement, after project planning has been completed, which would require developer to provide appropriate guarantees prior to the City's provision of assistance to undertake public activity related to the proposed proj ect. Provided that th<<: rity of ~!!Uwater and the n~v~l2Per ~~n mut1.~allliflree that the City will provide the reauested Tax Incremen! F!nancin2 to the Develoner~ and that . the Developer can obtain the necessary mort2a2e and eauitv !!1.v~~tment~ and that the City and the Developer both a2ree that the proiect is economic:~llv feasible. the DeveloQer ",ill enter into an a2reement w!th the ~!ty bv which it will fuarantv it make the aupropriate 2uarantep~ !o undertake th<<: re.~uired public: activities related . . . to the Proiect n,<<:<:~~~arv for the City to provitj~ !he reauested Tax Increment Financin2'. 18. Any other pertinent data developer wishes to propose. 19. The City reserves the right to require additional information and supporting data from the applicant after the filing of this application. 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 in part, to persons other than City's officials, employees and agents. The undersigned, the Chief Manager of the applicant, hereby represents and warrants to the City that he has carefully reviewed this application, and that herewith are accurate and complete to the best of the Undersigned's knowledge and belief. d-. ~I Dated: . 2003 2013193vl THE LOFTS OF STILL\VATER, INC. By2/W~$ Mark A. Saliterman, President (f;flfje ~!.2f.stitlfvater 15 U/f- ;::;'/2-. /l /1M 1 f~ . 4301 Highway 7 Suite 100 St. Louis Park, Minnesota 55416 952-920-8282 February 21,2003 Mr. Steven Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Re: But-for Analvsis for Tax Increment Financing Assistance . - Dear Mr. Russell: The Lofts of Stillwater, Inc. (the "C ompany'') intends to redevelop a 1.31 acre parcel of Ian. located at 50 I North Main Street in Stillwater, Minnesota (the "Site"). The proposed redevelopment consists of fifty-eight condominiums spread over 109,000 square feet of livable space (the "Project'"). As you may know, the soil conditions on the Site are unfavorable for redevelopment. Historically, the Site itself was created by sawdust and other fill materials after the Original Town of Stillwater was platted. To offset the poor soils on the Site, the Project will require 281 concrete pilings to be poured beneath the building slab. The depth of those pilings will range from twenty-five to one hundred feet. The Company has received bids in the amount of $915,022.53 to correct the soils on the Site. "-'~ In addition to the generally poor condition of the soils, the. Site suffers from significant environmental contamination. The Site has a.long history of assorted uses, including that of a foundry, faimer's co-operative, and filling station. The Minnesota Pollution Control Agency (the "MPCA") has identified multiple leaking underground storage tanks on the Site. The leaking tanks have discharged a significant amount of petroleum product into the soils beneath the Site. The MPCA will not require any additional remediation of the petroleum beneath the Site as long as the Site's current use remains unchanged. In addition to petroleum contamination, environmental investigation has discovered the presence of significant amounts of PaR, arsenic and the pesticide, endrine ketone. The Company would like to replace the dilapidated structures currently existing on the Site with the Project, which will require th.e MPCA to approve a Voluntary Response Action Plan (the "Plan"). The estimated cost t implement the Plan is $933,995.00. . . . The aggregate costs of soil corrections 'and site remediation amount to $1,849,017 just to bring the Site up to par. If the Company was required to privately pay for the entire costs of the Site development, any potential profit from redevelopment would disappear. It is critical for the Company to receive Tax Increment Financing assistance ("TIF") from the City of Stillwater (the "City") to redevelop this blighted Site. Currently, the Site generates $10,830 a year in property taxes. After the Project is completed, it is anticipated that property tax revenues will be in excess of$450,00Q. The $440,000 increment would not be possible but for the tax incrementfmancing assistance provided by the City of Stillwater to off-set the extremely high costs of poor soils and environmental contamination. TIF is a critical component of the sources of funds for re- development for the Project. . The Company desires to work with the City to develop a TIF assistance package that will enable the existing blight to be eliminated and the Project to go forward. Sincerely, The Lofts of Stillwater, Inc. .~v/~ Mark A. Saliterman Its: President cc: Daniel S. Schleck, Esq. 2013804\"1 Developer Equity First Mortgage Environmental Grants .illf Total Funds 2013612v2 . EMl1UIT C SOURCES OF FUNDS THE LOFfS OF STILLWATER 3/10/03 . $5,776,544 $23,106,179 $724,159 $2,473,666 $32,080,548 . . . . . EMtusIT D CONSTRUCTION SCHEDULE 2/17/2003 The Planning and design of the Project is an ongoing process. Demolition of theon-site structures occurred in the summer of 2002. Environmental remediation is scheduled to begin in Febr~ary, 2003. Construction is scheduled to begin August 2003. Construction is anticipated to be completed near the end of 2004. 20I3763vl . . .. THE TEAM~ LEADING PLA YERS "TEAM PROPERTtES"AND TEAM PROPERTIES INC. \-"hclI skilled and talcll\cll people wurk LogC'lher on a project "\~illn roperties" begin to appear. Ateam is a mullivlc uno compollllo or l{lividual strengths. Team excellencc is bilSed UIl its phl~'ers abilil)' to tkt: indiviclual motivati<.l\1. h((';}dth oC t:xpl'ricllcc, (lnd proCessional nainmcnt (lml direct il toward aWllllllol\ gO.ll. In the earl~' '!ll)"s, !"vlilrk purchased ;"I shopping u:nter in New Hope, Minne!'Ola <llld " siuglt'l'uqwsc building for an Arbr's fast food rcst.lUran\. Shortl)' :Ifler acquiring these properlil's he sold them for a profit. In 1984 he developed Westwincl Plaza:\ 90.000 sq. it. ~hopping center ill ;V(innclollka. i\.1 illlll':mla ami did over half of the leasing himself. He W<1~ il\\'oh',:u in ,lllmCljllr coostnlCtitm :ltllllcasdmld improvement work. induding a heilhh dub and a threl' sneclI tlu~att:r. lie dealt with problems of soil wrrL't:ei\11l am.lllu( ilH'()!\'cd wtth the UNit and many olher gowrnment 3uthllrilic\. After lca:.ing <JO% of Ihe shopping emter, he sold the property in l1J86. 11: 1986, Mark managcd \:OIlSlructiol\ of a 70,000 Sti ft. shopping (entcr in Urookl)"n Park,tvtinnesola. Meer personaUy pre- leasing II) 6Sq.f" hc arrallged financing. built the I'rojcct. and completed lCflsl'hold imlJfln'clllclltS. III 1987. 1vlark rehabilitated a 105.000 sq. fl. onice warch()usc wmplclL I\OW calle~1 i >iamoml Hill Center on Highway 7 in St. I.ouis Park, Miul1csOt3. This building now totals 150,000 sq. fc. With the exception of l5,OOO sq. It., all 01 the leasing was clone by Mark himself and i~ 95% occupied. ~aliterm;m construction, a dh,ision of Team Propert ies. buill a $1,700,000 12.000 ~quare foot home on Lake Minnelonka whkh appeared in the 1991 Spring Home Preview. fI,'1ark has been im'olved with man}' other acquisitions both lor himself and hi.~ accounting clients. MARK 5ALITERMAN M~rk A. SaliLerl\l.m i~ Pr~si\lent am! chic[ Ew,:uli\'c OtTit:Cf oni:.IIll roperlies, Inc. Ilr has becli m.maging allJ invcsling in r('ill eS(:lte fl)r ,\'cr 15 )'ears. litIUt'/llicm; l\ohuk slu~licd at the Ullivl.:r!>it.r' uf Milllll'suta wh,'re he I~(ci\'cd "achclor ofSciem;c Degrees in Ch~l\\istrr ;\I1t! t\((Ou"tin~. 1[<: acned his Certified Public Ac<.:ountillg (crliliciltil.,)l\ ill )(l7S. Since t!ten .1ark has (ontinucd his commitmcnt to eJucatiol1 with .-c.ll estate rcla(l't.! ourses al the American Bar Association and the American Institute of :erlified Public Accountant~, Rusi"css Experience: Mark began his. ,lcc<~unling c~rC't'r a~ the, . ntl'rllalional CPA finn, Touch~.Ross. 11\ MlIllleapolls. Durmg IllS tour 'cars there, he was promoted to supervisor. l\;hlrk c~tablisllt~d his own lccounting firm. Saliterman,l.td., i.n 197~. Since it,S incorporation. .alitcrman, Ltd. has grown dramatICally III both dlcJltelc and ~(aff. aud \3." developed a superlative reputation by remaining trut: Iu its two mail] )rinciples: integrity and good ~rvice 10 clients. Real .&taU J:.xperience: While Mark workeu for To~t.:he. H(~s.s, he . mderlook lh~ conslrudilJO and subsequent remllJchng of hlS hOll1e III ~ew Hope, Minnesota. I Ie suh$Cqucntly began his conunc.'n:ial leal estate :areer. One d his first acquisitions was a shopping center in Mound, Minnesota, which he still owns and has enlarged and rehabilitateJ from a 1950's style to a 19l:S0's st)'le building. This shoJ'ping CtJlkr i:; .IOW 30,000 square feet with 75% Clcdit tenants. Mark personally leased the entire property. ,')~..,~~~~~,!P.~i' I .' · ..'. : :",,,,;,.,,~,,.;.:;,,,, .. .",,";':-:::'~~:-:~~~r.~'~F~~:;~~~.;~.:?~0':?l/ ::::.::;...~. ~:~..r ~:;j :!1~r.t k ....:. .' '. I:'>,"'~...' f.f., ~',t;.~,.~:.~...,;.., ....:. .;:.;:!...;tt;(..,,~~i.. ..".,.... ..:::"'.':'1'~r.:;;:;.: . :',':~'.0~~ii i~.L . ..:-.::,..~,!~<, ..'~~:7;'.~;~~0.~.~~;-~;;~.~~~t~.:.~~::~~:: .::)., ,,>:}fil :. io.;.'. ..~r.'lts":\.~~., ~"'i'.;.~:l~. r"'::'I~I~~'~;" . .: :.;......;:.:.~~:<;~'!:-~:?J~.~I~.,~~~~~~~~. '.. i.;.>-:~:::.... . ,.. :":., .......'. ,.,,':':': _. i1}.~.... .: ..,.~...,..~..:.:i:':;i.:' :,~::;.,/<,;;-!,..,~.~.:;.;. ::i~~':":,~.' , . .~~i" . '... ...~:.;: ~ ,".i:...... "<t,~.. i .. . ~I .~.d '~'I .. .~ .' .... it;,,' .....:'11.'.;."1 .4-.J :"~."'JI-':~ ;J...;.....'!. ,,~'"", "I .;l~~M.,..;t..."~.<' .;, ...v......'. i'.~ ...., '.. ,,',' .....A.1. ..... >:;. "-(;;~';"'.:.J ". . .' . . .. >.:: :Ji;r...~'::t~.;..;..P..j{d'::lh'.::~~....r:~:.~.:...:;: 'n':,. ",:' :e.',J;::i't{ ..:.....~...:.h.. '" '- .....:.:: :~; /I! 'l..+.i!{;"l1 . .1".:.0,'. "'~'-".4r.~' 1;;\;.'~' '0' .. .. , .',. '1t'~' ~~ I S~(." ~li~i";~~~Y":'" '1::':\1 ~..fi :.:.--..;>~ i,.;;;.:;:'jk:';i: ~.. '~l:i~A. ~f:\'::.' ~i:~~:.' trit ~t."" ?:~~; . . .:>:.. :. ~i.;~.. ~ ~~ I ~:"~' ;~~';..~:. .i ',~ . ".. ~... " . '," '.'~ . ....~. :..:;'C"*::::):'''~'''' ~,'[~6'.!"'~,.: .::~l;..s.~ . ,"~f"":; "': .' :'.'.'::. . ': :""'~:::::f.....r:;? . :.:.:;t .t... ..' .::. :..~. '"'.<.':.:.:...<<.~..._~.~,. ,,,."?: ~.:t:.:... ":::.~..:~~~~~..:.IJ~ I'Q1 background Page I 0 GENERAL CONTRACTOR ~ ~ S&Ci:'gfOt{)lt) ~ fbJSTfJl~ S€fVIctS ~ nromr a::Pefl~ ~ PfOJECT E(PDM€ ~ co.J1OOT C70 ~ ~ LWI::'S . ClJt€ft 'WPOtnftJm€S - . Construction 70,lnc.ls.a sery:.Ice oriented general contractor tha~h~,sbeen prolfjdlng professfonal construct.lon#servfces to Its dlen for 30 years. Construction 70; Inc. was founded with the philosophy of providing quality construction on a timely basis, by consistently meeting the needs and expectations of our clients. We provrde our clients extraordinary personal service and attention. The success of Construction 70, Inc. has been b on repeat business and long lasting relatlo with private developers and. mal accomplishments and longev contractor represents stability, We have recently expanded service our client base bet located in Mesa Arizona, ope This Office will provide general to owners/developersin commer v Our extensive experience building il10ver 20st~t combined with our knowledge, talentPand resoUr and a $30 million bonding capacity'; puts. position to be able to solve your'plann '" construction needs. Construction 70l management techniques are based professionalism and theprlncfples of.5te performance. We provide total construction servI from preliminary proposals through final punc completfon. We work wlth.clfents:to 'brl balanced approach to the proJect.W~J~el, accesslbfllty and fl!){lb~llty a~an~~t to' our clients needs. "'. . ' ' " .)" ". ....,.. ...., Construction 70, Inc. services clients In all regions 0 the United States, so please give us a call so we can help provide your company with the quality construction services It deserves. ttp://www.construction70.comJpagesl/Alfirmbkgd.html 2/17/ URBAN Pl.ANNlNC OPENSPACE COMMUNITlFS AlI.CHITEcruRE LANDSCAPE AlI.OiITEcruRE CRMHICS J.BUXELL ARCHITEcruRE LID. 129 NORTH SECOND smEET,' 1 01 M1NNEM:JUS, MINNf5OI"^ SS40l WEll sm:: WWWJBtIXEU..COM E.'vlAII.: OfFICE@Jl'UXn.L.COM (612) 338-3773 FJ0<(612)338~40 J. Buxell Architecture, Ltd . is a firm that specializes in small and large-scale residential, light commercial and retail environments as well as single-use and mixed-use developments. The firm brings to bear a unique integration of all the disciplines essential to distinctive and profitable projects. Building on a history of award-winning developments that are also market successes, the firm's goal is to provide its clients with the highest value, and timeless aesthetics within the context of construction efficiency, and environmental responsibility. . .. .i UI\.8^N PlANNING OPENSPACE COMMUNITIES AR.Oimcrul\.E ,-^NDSCAPE AR.Oimcrul\.E GMl'HICS .. . .].BUXELL . AR.CHITECfUR.E LTD. 1 29NORlH SECOND smm.'l OJ M1NNEM:JUS. MINNESOT^ 'S4Ol WEll 5m: WWW.J11lIXW..COM EM4Jl.: 0FFk..t: @J11lIXEU..COM (612) 338-3773 F~(612)338~40 JACK H. BUXELL Having spent his formative years in such worldly and diverse locales as Alexandria and Cairo, Egypt, Geneva and Zug, Switze!land, and Copenhagen, Denmark, Jack BuxeIl has made his personal and professional home in the Twin Cities of Minnesota. For the past 25 years he has provided creative master planning and architectural solutions for . distinctive residential and commercial developments locally and nationally from that home base. He combines award winning site planning, architectural design, and graphic design skills with an unerring respect for marketing and sales. "What I hope will stand out is consistent attention to the appropriateness of the design solution and its context; an integration of site, landscape, architecture, graphics, marketing, and most importantly human needs, scale, function, and security to yield appealing, pleasurable, functional, and timeless living environments. We do not have an 'office style', but rather a design approach." Buxell has been a leader in the redevelopment of the in- town communities of both St. Paul and Minneapolis since 1972. His personal belief in the value of city living has contributed heavily to pioneering efforts in these cities. Presently his firm is participating in a mixed use project of 600 city residences plus 30,000 square feet of commercial space located on 3 blocks of the warehouse district of Minneapolis. Notable examples of BuxeIl's development and planning work are Summit Place in St. Paul, Edinborough in Edina, Arbor Point in Inver Grove Heights, Centennial Lakes in Edina, Parkers Lake in Plymouth, The LaSalle in Minneapolis, Oakwood Lofts in Minneapolis, River Station in Minneapolis, The Landings in Minneapolis, Cloverdale Farm in Stillwater, The Homestead in Lake Elmo, Wildridge in Mahtomedi, and The Fields ofSt. Croix in Lake Elmo. Projects outside of the Twin Cities metropolitan area can be found in St. Louis, Missouri; Missoula, Montana; Dallas, Texas; Fort Wayne, Indiana; Chicago, Illinois; Naples, Florida; outstate Minnesota and Wisconsin. Prior to founding 1. Buxell Architecture, Ltd., Buxell was a principal/partner in the design and planning firm of Architectural Forum Inc., Executive Vice President for Design of Custom One International, and Executive Vice President of Robert Engstrom Associates. He is a graduate of The University of Minnesota. He is a member of the Urban Land Institute. UIUl^N PlANNING OPENSP ^CE COMllAUNrTlES Ma-tITECTURE l^NDSCNE MCHITECTURE CRN'I-lICS J.BUXELL . AR.CHITECIUR.E lTD. t NNOll.1H SECONOm.ElJ,lt01 MlNNENOUS, MINNf3JT^ S~ WEllsm:: WWWJBUXaLCCM EMI\Il: OffiCE @JBllXtll.COM (612) 338-3773 F~(612)338~40 Architecture . Complete range of architecture, design, and related services for residential and commercial applications. Recent Projects MOUNDS PARK ACADEMY: Maplewood, Minnesota Private K-12 School Multi-use gymnasium, code compliance, adaptive re-use offormer residence as office and science classrooms. Client: Same, Robert Kreischer LASALLE APARTMENTS: Minneapolis, Minnesota Historic tax credit renovation of the Minneapolis YMCA into 121 apartments (103 studios). Client: HuntGregory, Arnie Gregory OAKWOOD LOFTS: Minneapolis, Minnesota Historic warehouse conversion of 39 apartments and 10,000 square feet of commercial space. Client: HuntGregory, Arnie Gregory RIVERST A TION DOWNTOWNHOMES: Minneapolis, Minnesota 360 condominium units in four story wood frame building over concrete parking garage. Client: HuntGregory, Arnie Gregory SUMMIT PLACE: St.. Paul, Minnesota. 32 unit rental - 4 story concrete / wood construction. Client: Robert Engstrom Companies. . FARRINGTON PLACE: S1. Paul, Minnesota 10 unit infill rental townhouse. Client: Robert Engstrom Companies. PINE GROVE COTTAGES: Stillwater, Minnesota 43 arts & crafts style homes in lifestyle neighborhood at Liberty on the Lake. Client: McDonald Homes, Todd Bjerstad HURLEY RESIDENCE: Dakota County, Minnesota Large family centered contemporary home. Client: Hurley Family NETWORK TITLE CO: Woodbury. Minnesota Headquarters office building in neighborhood commercial center. Client: Network Title Company, Tim NetzeU TURNSTYLE CONSIGNMENT SHOPS: S1. Paul, Minnesota Retail environment in strip center for cost-sensitive retailer. Client: Consignment Ventures, Inc., Lew Kennedy CROSSROADS ELDERLY HOUSING: New Brighton, Minnesota. 213 elderly apartment development. Client: Henry Hyatt, Chicago, Illinois . .. UI\JlAN PlANNING OPENSPACE COMMUNITIES MCHITECTURE LANDSCAPE MCHITECTURE CI\.APHICS ., . .].BUXELL . AR.CHITEOURE LTD. 129N01\.TH SEOONOST1\.EET.' 101 MINNfNOUS. MINNOOTA 55401 WEB SIIE: WWWJl'llX[lL.COM EM'IIL: oma @ll'UXELL.=M (612) 338-3773 FAX (61 2) 338-0040 Urban Planning Land use and development planning for residential, commercial and recreational applications. Recent Projects THE VILLAGE AT ST. ANTHONY FALLS: Minneapolis, Minnesota Client: HuntGregory Development, Arnie Gregory GRAND VIEW SQUARE: Edina, Minnesota Client: Ron Clark Construction, Ron Clark HARVEST STATES COMPLEX: Falcon Heights, Minnesota Client: Henry Hyatt ARBOR POINTE: Inver Grove Heights, Minnesota Client: Rottlund Company RIVERST A TION DOWNTOWN HOMES: Minneapolis, Minnesota 7.25-acre 360 unit, four story wood frame condominium development. Client: HuntGregory Development, Arnie Gregory ASPEN OF FERGUS FALLS: Fergus Falls, Minnesota; 47 acre Planned Unit Development. Client: Fergus Falls Development Co., Robert Sefkow EDINBOROUGH: Edina, Minnesota; 22-acre urban mixed-use P.U.D. 392 condominium homes, 3-4 story concrete/wood construction. Client: Laukka Development Company, Larry Laukka CENTENNIAL LAKES: Edina, Minnesota 85-acre urban mixed-use P.U.D. Phase I - 264 condominium homes 3-4 story concrete/wood. Client: L.A. Laukka Development Company, Larry Laukka LEXINGTON SHOPPES: Roseville, Minnesota 15,000 square foot neighborhood shopping center. Client: Preferred Properties, Thomas Hurley INTERLACHEN: Naples, Florida 10-acre site within Pelican Bay Development - 93 luxury condominium homes, 1-5 story concrete construction. Client: Can-Am Development Company, Garrett Carlson GRANDVIEW PINES: Brainerd, Minnesota 350-acre mixed use recreation community and I8-hole golf course. Client: Etoc Corporation, Mark Ronni DIOK JOHNSON. Edina Realty Stillwater's # 1 Realtor for 6 Years Running! Dick Johnson and Edina Realty are proud to offer the following services: · www.edinarealty.com · Edina Realty Mortgage · Edina Realty Title · Home Services Plus · Exceptional Properties · Relocation Services . ShowingTime™ · Personalized Marketing Program · Customized Marketing Flyers · Open House · Office Tour of your home · Virtual Home Tour · Multiple Listing Service · Electronic Lock Box · Realtor.com Website · Team of 5 Licensed Agents Contact Me Direct Dial: (651) 430-7513 Mobile: (612) 414-4803 Office: Edina Realty/ Stillwater Office: (651) 430-3200 Fax: (651) 430-7575 Welcome Home To Stillwater! www.edinareal.rr B~ IU.UO.' .....,_"'" Information deemed r.liabl.. but not guaranteed , ,,,:;;::-~2? "~X w~~~ :" o ~ ~';". ~ ' '. ~,""t:..' __ ... _.........._ 407. , t.,... . JI, ' .- .n -x::l ..... -- -- -- '=1 'M''',':::-':- '~.., -.:;' ..-::::'" '"'. <- .0 ;l""g ;~ ~~.. <:,",,;.;:-' ~ -: .~ " ta:~ : . ;~. ..; . ,c: ..,,'" _' _..::_ ~ " c} .-"'. .'" . ~.. -~- 3 ....--:::- . / ..-:;"" r, [.-"~:. ,''>., , '-- \, ~'.""'i "........:... ' ... . . il ......, ",' r ____.n' ! ..-......v :: .-r (. = JIL}!.. .... ~'1 l~01..QI :'",." - ..........r... , ..:. :It .."",,,,. Ok:::;:' .: .~ ,.;' " R .<-/ ... . iF" 6"\." ....... o'~or:'~:',~' ~ ~..{jjJ _:.Z'"~". - c:... . '.' ~~ c:~:r:~: c~~-, ( ::~~l I..,::::.. -- - - -. (1\ FO\Jf{1'1:-l.I:I-QOf\ "-WI _ ~. . SCAlE 1<8' .. 1'.0' . . j.BUXELL '\~~:! l,~:~,::!y,~~~:, l.r~' .."......,..I'l...'.\".....,"'-'t...... .... ;.... ...:. 'M ,,'; .... ~...' ."...,,"'1\........,.... I...l'\l'.>r_'...~..:c...\...,.,l.., "....:' ,.......... M,...x,r. '1Io..:'"lh.t\.Il., ......'f...... -----.---- .......-........,..-'. ~ &~ ~. \.. ~ ~ ~ \E tlJ g ~ a:(J) V) li;!;g Z Z ~~~. ~!'I ~ ~ C ~~ ~ -' o ~ t3 .. FOURTH FLOOR PLAN ~.;~,---.~M 200500 . :";"" J.e .......... ".G."" . . . . ~-~ ~ ~~ ....-.-----. .......-.-...---........... "~'--------- QO: [[](JJ~~ d e-~QgQg[[]~IJ: ~t gJ[[] !~OQPQ_. ~...~. :_". ~~mnmOnn~~~~.n. ~ lJ.dl~.... !. q _ [q~ 0 I..' ~o 00 ,~o ro] _ 0 . ....~~ ~~~~~.ln.o nn~~mn~~.... ;q~...~ nnnnnnn.m.,;t" :~,DJ~;J0i~d~~=.,~l]~~;_jJ:to ,OBB ~g~..~!!.:: ~ST ELE'lATIQf'L ~m . ---_._---~--- .-------- ------ SCALE lIS4 " 1'.0" ~ ~ ~ , -- !-n 0 :UuUi rotuiB nn...nn.nnnnn'f;~.m"o"'H[]aJ~rn~nnfrjon:B ..... . .. ~ ". ~ .j r ,. I r""""" I' i i [lJ~:: q,DDPT~Ll ~JB ! ~ llJU 1fjj1 t:EIJj rr=rn tfI1j i B .mmn.Si' . ..:t" '" .2' -------~! ~.SQ!.JLl-!f;ID1TI!ON._-_ __un ...--.___. SC.AlE ~/'. . 1'.0" j.BUXELL ^.~~l,l,~\:~:!~.~~.::, L} ~~ '::~~'':; ~::', ~~~;~~ :';;.' ;:'... . .,"~",. I"'.,''''''''~ "'n,.,>f',,"~ :..~':t,;:~~,~'.;~ .~'~:":':~"~:.:~'.~~~ .".". ,,4,"" ".'; "'.,. '~" '. """"".,, ""...."......... .......""..."...... ...... ,", .,. "~,, ",. ..... '.. '"", __. "'I'. t ,.'". '" ...,. ~ '. '.', .' ""0'.'"' ~ @:~~ ~. \.. ~ ~ Q~I-< ~ I,U I- ....~ W 0 ~ a:C/l V) Iii!;\! z z '--s; ~ ~ $?.J: I,U I- I- a: < (;;) O~ Z ..J ~ ..J o ~ ~ -. BUILDING ELEVATIONS :'-\h-----;-;-OrT:C~ ...... ,';1 . 2Ql)5 ~O :-,,'..'''' ~ e '"lIo,-,\t. RG. . ---- @_gASI~'\"~~ILQ~. -.-----------..--..-.---------.sc.;:. ;'I;~_;:...... ~_./. ~. ..~ ~ ~ ~.~' "-.' j.J.-"-..J-'- ..:.rr~..r~Lij~.~-g....... .~l... .....:.. .ITl~~~[~[Ij!"UJ.J! . \B,JggT~' jQgg P ,~[[[Ot [ [Uw[[H[IJJWJOffi B B J1IijjjIIJ LiliJ ilfEf UIDJ r II v . v' @ NORTH E:1.J;vAItOrL un _.__ --- .... .. ..----.-- .. SCALE 1,'4 . ".0' . . J. SLlXELL \~S~ In.::~"!~.I.:~~;. ~}!: ..v...".."",...... .., ..... """""...,..' ...!,." ",.,..t.,", _.t.",..,...~.;.............".t. ",..:..1~..11.~' ."".~.. 'i'~ .,...i~'~.~~"~; ..2" ~ ;2' &- NORTH - '" \.. ..2' ~ ~ ()~ f-<l: ~ W f- -~ ~ ~ V) li; ~ Z Z ~~~. ~: ~i ~ ...J 01= ~ .~ . BUILDING ELEVATIONS :------- '-'J7io:l~ : .' ,. . toe! ~il ., _', ~5 ," _.... =tG .' . TOP CF F\.CCO WAU. .93.' EXlStG""CE!NAR,.SS5 '. /" -If, ~~~,"-~-"-~~". .-..=--_~= "=, ~ U~; ~:: ~: ~ijt~~itbifJ~f(j~Drn m~-.~,; n[]lm~Ujl~;~UJJ. ! :.EI ~ii ll[j~):~_J:m~.l fVOJ ~ ~: r-'( bIO~i"!tr~lttfi:" T....~I::..:~ir~[m.J]]m'~ i~OJlr ~ - I I] 'I: r"~ El Eli rrrn'I~;li~I~~; i' {-,: " ~ILU ,,~,jl ill:, j!,,:II:: ~- ._"'''''''''' ...--- - - - --'! ! . /~~~ .......... _..r .// ~ !!b I :: I ...c~~ln I flU'! I "U~ ~ IW! I:: .........JU ~~q.[ ~..il L I '~ . __ I I IIi . ~ I!~ ~ I II!I ~ : I filii ..F -I -_.. - ---HL-.l.illI] PAA<I'lG I U -~ ~ EXIT HALL ~L G.u:aolGEELE..82" :.CwE$f~ E~E .au . __....-.:si'" ~ .... ......-.......si... , ~ .... ......J-.i" ; " J ..! ......i.....sz.... ~ I . ~H ~ i~ ~ , J.BUXELL '~,;~~~~,~,,~~7!~,1'~1L~;' L.I~,~ ,,,.......,,............,,........,. ..... :."..,:'...................... ;;IlI.....It.'..... ...~ ~.,. ...r....t ~~..~'.\:~~~ .'.~: ....",.. ..,...::~.~~:...:' '.... .,.'....... '. '.,,,,,.. " . ... .... '.' .. ,. ... . . .. .. ........... ..... ~ ... ~' 7') ~_. NO"" ~. "\... ~ ~ ()~ 1-<( ~ WI- ..~ W 0 ~ lI:en V\ I-w J en z z z ~~~ ~ J:w I- l- ll: <( C) 0;: Z ...J _ ...J o 1= ~ -. BUILDING SECTION +..' . - ~~,,~J }tll '" oooo:~ A....... 000l) ~c . 4'" . . MEMORANDUM TO: Mayor and City Council FROM: Cindy Shilts, Building Official ~ DATE: March 28, 2003 SUBJECT: Adoption of 2003 Minnesota State Building Code The State of Minnesota Building Code includes the adoption of the 2000 International Building Code and the 2000 International Residential Code with state amendments. The city also adopts two optional chapters, which are 1306 Special Fire Protection Systems and 1335 Floodproofing Regulations. . The International codes are the new set of codes that have long been talked about. The day is finally here for the formal adoption. . ~ . ORDINANCE NO.: 935 . AN ORDINANCE ADOPTING THE 2003 MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE The City Council of the City of Stillwater does ordain: I. REPEALING. Sec. 33-1, subds. 2, 3, 4(1), (2) and (3) are hereby repealed. 2. ENACTING. Chapter 33, Section 33-1, entitled "Adopting the 2003 State Building Code", is hereby added to the Stillwater City Code to hereafter read as follows: "Sec. 33-1. Adopting the 2003 State Building Code. Subd. I. . Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision I, when so established by this ordinance. The code enforcement agency is the City of Stillwater. This code shall be enforced by the Minnesota Certified Building Official designated . by the City Council to administer the code (Minn. Stat.s 16B.62, subd. I.) Subd. 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minn. Stat. S 16B.62, subd. I. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City Council by resolution from time to time. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stat. SI6B.70. Subd.3. Violations and Penalties. A violation of the code is a misdemeanor (Minn. Stat. S 16B.69 and Minnesota Rules, Chapter 1300). Subd.4. Building Code. The Minnesota State Building Code, established pursuant to Minn. Stat. S16B.59 to 16B.75 is hereby adopted as the building code for the City of Stillwater. The code is hereby incorporated in this ordinance as if fully set out herein. (1) The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300, Administration of the Minnesota State Building Code; 11. 130 I, Building Official Certification; 111. 1302, State Building code Construction Approvals; . , . . . IV. V. VI. V11. Vlll. IX. X. Xl. X11. Xlll. XIV. XV. XVI. 1303 Minnesota Provisions; 1305, Adoption of the 2000 International Building Code; 1306, Special Fire Protection Systems; 1307, Elevators and Related Devices; 1309, Adoption of the 2000 International Residential Code; 1311, Adoption of the 2000 Guidelines of the Rehabilitation of Existing Buildings; 1315, Adoption of the 2002 National Electrical Code; 1325, Solar Energy Systems; 1330, Fallout Shelters; 1335, Floodproofing Regulations; 1341, Minnesota Accessibility Code; 1346, Adoption of the Minnesota State Mechanical Code; 1350, Manufactured Homes; xvii. 1360, Prefabricated Structures; xviii.1361, IndustrializedlModular Buildings; XIX. 1370, Storm Shelters (Manufactured Home Parks); xx. 4715, Minnesota Plumbing Code; XXI. 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code. (2) The following optional provisions are hereby adopted and incorporated as part of the building code for the City of Stillwater. 1. 1306.0010, Special Fire Protection Systems, option subp. 2 and 1306.0030(e), option I; 11. 1335, Floodproofing regulations; 111. Appendix Chapter K (Grading of the 2001 Supplements to the International Building Code.)" . 3. SAVING. In all other ways, the City Code remains in effect. 4. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of April, 2003. . - 2 - - 3 - " . CITY OF STILL WATER . Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . Memoranc urn To: Mayor Kimble and City Council Members cc: Larry Hansen From: Larry Dauffenbach, Police Chief Date: 3/31/2003 Re: Parking Fines for Pay Parking Lots Request for "*,1"'1. v....u of a user fee schedule for the pay parking lots in downtown Still ",akr for the year 2003. First offense $5.00 . 2nd offense within 90 days 3rd offense within 90 days $20.00 $30.00 A25.00admini,u.w. ve fee to be added if not paid within 10 days. NOc;hange is requested for the overtime time p.u1"';'lIg user fees schedule. This is the on ~L.ccl parking andpatking lots with time limits. That fee schedule is: 1st offense $10.00, 2nd offense within 90 days $20.00 and 3rd offense within 90 days $30.00. The 25.00 administrative fees are added after 10 days of non-payment Discussion: This is the first year of the City managing the pay parking lots in dv", nl.vwn Stillwater. The goal is to make the lots user.friendly while maximizing revenne. We hope to a......vul}I1ish this goal by redoing the signage to make it clear and concise what is expected of users. Next, if the user does make a mistake, then the first time fee does not make the user disgnmtled with the City of Stillwater. Lastly, the pro&<UJ.J. will be run efficiently. The fee schedule was di~..;~ and <>l'P'v~ by the PaJ.~~ Commission. 1 . RESOLUTION SETTING PARKING FINES FOR PAY PARKING LOTS WHEREAS, the City will be managing the pay parking lots in downtown Stillwater; and WHEREAS, the City Council deems it necessary to set parking fines for Pay Parking Lots. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater hereby sets the following parking fines. First Offense 2nd offense within 90 days 3rd offense within 90 days $5.00 $20.00 $30.00 A $25.00 administrative fee to be added if not paid within 10 days. Adopted by the City Council this 1st day of April, 2003. . Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . ,* ~ Memorandtnn i:;"r;;W"'~'Wff,F;<.~w:?",m.',;J,:x'W't-;r;m~C"'.;,MC1'$iRW'i'~_~'1~~:r;$;.~~! To: Mayor Kimble and City Council Members cc: Larry Hansen r,......: Larry Dauff....fuCJ.~h, Police Chief Date: 4/1/2003 Re: Domestic Prepw...&uess Grant Programs . There are 3 y<UllS that have been applied for and awarded to Washington County. Stillwater bas assisted in w J.~ldlg two of the grants. They are the Minnesota Equipment and Training Grant and tbeDeP...., ~....,ent of Justice Equipment Grant. A committee was formed consisting of police, fire, EMSan.d em..,o\;'uCY management staff. After a county wide assessment, the committee decided the best way to spend the money would be to buy decontamination trailers, to train and equip the Special Jlew<>~Team for county wide ....c:u.;;cipation, and to train employees in incident management \Vhatc1Qes the grant mean for the Stillwater Police Department? There is $11,497 for training and equiptnentto put two members on the countywide SRT team. There is $9,552 to train the police ~and other city departments in incident wuulland 1'heth1rd 6'-.....i. State and Local [_,j.... ..lemental Appropriation Planning Grant was awarded to Washington County and <:I6}1Vl~ from there to J.\;iWl~te the cities em...e;..ucy plan with a terrorist oo.......u..ent. The City of Stillwater portion of this grant is $3420. Recommend a\,M;,l'~ng all three 6'-........ 1 #" . . Memornndum To: Mayor Kimble and City Council Members CC: Larry Hansen From: Larry Dauffenbach, Police Chief Date: 3/3112003 Re: Mutual Aid Agreement Enclosed you ",ill find an updated version of our Mutual Aid Agreement. It was upgraded to cover major case investigations and also the SRT. With OWJ.v..aI of the grants, I would expect the assignment of officers to the SRT and we are therefore TeCuuuuending option number one. Recon'll:nend approval ...vuo....gent upon City Attorney review. . 1 APPROVING JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the joint and cooperative agreement relating to the use of law enforcement personnel and equipment and the investigation of major cases, 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 1 st day of April 2003. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk .... . . . . " JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE . INVESTIGATION OF MAJOR CASES . . I. GENERAL PURPOSE The purpose of this agreement is to provide a means by which a party to this agreement may obtain emergency law enforcement assistance from other parties when: 1) unexpected exigent circumstances arise, or 2) assistance is sought in major case investigations, or 3) circumstances exist such that the parties requesting and providing such assistance deem it to be appropriate. This agreement is made pursuant to Minnesota Statutes 471.59. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1 "Party" means a governmental unit which is a party to this agreement. Subd. 2 "Eligible party" means a governmental unit which is entitled to become a party to this agreement, at its own option. The eligible parties are the County of Washington and every city, and town within the County of Washington, State of Minnesota. Subd. 3 "Requesting party" means a party which requests law enforcement assistance from other parties. Subd. 4 "Responding party" means a party which provides law enforcement assistance to a requesting party. Subd. 5 "Law enforcement assistance" includes police or sheriff personnel and equipment. Sub-d. 6 "Requesting official" means the person who has been designated by the requesting party to request law enforcement assistance from other parties. Subd. 7 "Responding official" is the person who has been designated by a party to determine whether and to what extent that party should provide law enforcement assistance to a requesting party. Subd. 8 "Special Response Team (SRT)" is a multi-agency law enforcement support unit which is specially trained and equipped to respond to and resolve critical incidents and other high risk law enforcement functions. "'-. . III. PARTIES The parties to this agreement shall consist of as many eligible parties as shall elect, . through resolutions adopted by their respective governing bodies, or authorized representative, to become parties. Upon the adoption of such resolution by an eligible party, an executed copy of this agreement shall be sent by it to the Sheriff of Washington County. When two or more eligible parties have elected to become parties and have provided such resolutions to the Sheriff of Washington County, this agreement shall become operative, and shall continue in force until, by reason of withdrawals as hereinafter provided, the number of parties to this agreement is reduced to less than two. The Sheriff of Washington County shall maintain a current list of the parties to this agreement, and whenever there is a change in the parties of this agreement, the Sheriff shall notify the designated responding official of each of the parties of such change. IV. PROCEDURE Subd. 1 Each party shall designate, and keep on file with the Sheriff of Washington County, the name or title of the person(s) of that party who shall be its requesting official and responding official. A party may designate the same person as both the requesting official' and the responding official. A party may designate additional and/or alternate officials to act in the absence of the official. Each party shall also designate one of the four options for SRT response as described in Section V, below. Subd. 2 Whenever, in the opinion of a requesting official of a party, there is a need for . personnel and equipment or assistance in a major case investigation from other parties to assist the officers of the requesting party, such requesting official may call upon the responding official of any other party to furnish such assistance to the requesting party. Ifthe requesting official of a party determines the need for an SRT response, that request shall be made to the Sheriff, Cottage Grove Director of Public Safety, or the Woodbury Director of Public Safety (or their respective designees). Subd. 3 Upon the receipt of a request for personnel and/or equipment or assistance in a major case investigation from a party, the responding official for any other party may authorize and direct law enforcement officers of the responding party to provide assistance to the requesting party, and if so, to what extent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to the officer within the governmental structure of the party by which the officer is employed). Failure to provide assistance will not result in liability nor provide a cause of action as to a party or as to any third party. Subd. 4 When a responding party provides law enforcement assistance under the terms of this agreement, it may in turn request assistance from other parties as "back-up" during the time that it is providing law enforcement assistance outside its boundaries. Subd. 5 Whenever a responding party has provided law enforcement assistance . to a requesting party, the responding official may at any time end such assistance or . 2 . . . any part thereof to the requesting party, if the responding official in the official's best judgment deems this necessary. Subd. 6 When a responding party supplies law enforcement officers to a requesting party, such officers shall remain employees of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the responding party shall undertake to coordinate with the requesting party the operational law enforcement assistance which it provides. Subd. 7 A responding party shall be responsible for its own personnel, equipment and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party as soon as circumstances so permit. Subd. 8 The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party nor shall the responding party be responsible for any injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 9 The chief peace officer of the requesting party, or the designee, shall be responsible for the supervision of a major case investigation and the members assigned to the major case investigation team. Subd. 10 All members assigned to the major investigation team shall prepare reports at the direction of the chief peace officer of the requesting party, orthe designee. All reports created by a responding party shall be maintained by that party but shall only be released by requesting party, who shall handle the data consistent with the Minnesota Data Practices Act and related policies of the requesting party. Subd. 11 The requesting party,shall be the custodian of all evidence and/or property collected and/or maintained in the course of the requesting party's investigation. The requesting party shall be responsible for the processing of all evidence for appropriate analysis or examination. Subd. 12 Only the chief peace officer of the requesting party, or the designee, shall respond to media requests for information concerning the major c.ase investigation until the case is submitted to the prosecuting authority. V. SRT PROCEDURE The primary concern of everyone is the safety of the officers, the public, and the subject(s) involved in a critical incident. The potential for an SRT incident exists throughout the County, and some plan for response needs to be in place. Response by the SRT, due to the specialized training and equipment, is very costly. A cost-effective method of making that 3 .. service available is drawing a small amount of resources from each law enforcement agency in the County. There are four options available to provide for SRT response to a requesting . agency: Option 1 - assign an officer(s) as a tactical officer Option 2 - pay an annual fee equivalent to the cost of assigning an officer(s) Option 3 - pay a fee if the Team is used Option 4 - if none of the three options are selected by a requesting agency at the time of execution of this agreement, response by Washington County SRT will not be available for the requesting agency. Birchwood, Landfall, and the portions of White Bear Lake and Hastings within the County, receive primary police response from law enforcement agencies from outside the County. If those agencies choose Options 1 or 2, response by the SRT will only be available to those agencies within their response areas in Washington County. Exhibit A describes the formula for determining participation on the 3RT. VI. WITHDRAWAL AND TERMINATION This agreement shall continue in effect until the number of parties is less than two. Any party may withdraw at any time upon thirty (30) days written notice to the Sheriff of Washington County. The Sheriff of Washington County shall thereupon give notice of such . withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. Such a party may again become a party by entering into this agreement. IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed and delivered on its behalf. Dated this day of ,2003. Agency By SRT Response Option (See attachment A) Its By Its . 4 . Attachment A to Joint and Cooperative Agreement In 1997, a decision was made to combine the Sheriffs Office SWAT and the Cottage Grove/Oakdale/Woodbury ERT. After a significant amount of discussion and evaluation, it was agreed that a 30 members would be necessary to respond safely and appropriately to critical incidents throughout the County. At the time the teams combined, a decision was made to not allow other police departments to join until possibly some time in the future, due to organizational and training challenges associated with combining the Teams. The SRT is now a trained and functioning combined unit, and additional members need to be added to reach the desired number. The most equitable way of sharing the costs of the SRT is to add officers from other police departments. . We evaluated population and number of peace officers within each jurisdiction. The percentage of total population by agency, and the percentage of total officers by agency were very similar, with the exception of WCSO and Woodbury. WCSO provides primary law enforcement service to 28% of the population, but has 35% of the total full-time officers. Woodbury serves 27% of the population and has 21 % of the full-time officers. We assumed that the number of peace officers within a jurisdiction was some representation of the need for law enforcement services, and therefore the most reliable correlation to SRT activation. Based on that formula, the following SRT personnel assignments are equitable: (Note - The use of part-time officers varies significantly between departments. Some departments have part-time officers that are used very little, if at all, for regular patrol duties. Based on that position, the part-time officers were excluded from the analysis.) City # of sworn % of total # assigned sworn to SRT Bayport 5 2% 1 Cottage Grove 36 16% 5 Forest Lake. 18 8% 2 Oak Park Heights 9 4% 1 Stillwater 19 8% 2 St Paul Park 8 4% 1 WCSO 83 37% 11 Woodbury 49 22% 6 Total 227 29 (Newport and Oakdale Police Departments have chosen to not contribute personnel to the SRT at this time.) . The four options available for each requesting party are: Option 1 - Assign an officer (2 in the case of Stillwater and Forest Lake) to serve as a tactical officer. The police department will supply the initial uniform equipment as part of the assignment - approximately $2600. The department will also be responsible for the "Basic SWAT" training class - approximately $600. The department will also be responsible for a percentage of the annual operating budget - currently about $1170 per tactical officer per year. . Option 2 - The City can pay an annual fee and receive services from the Team as though they had a participating officer. The annual fee will be approximately $6000 per year per officer: $4,200 $1,170 $ 630 $6,000 wages and benefits annual operating budget initial uniform/training (assuming 5 year assignment)_ Option 3 - Pay expenses if the Team is activated. The cost for response by the Team will be $750 per tactical officer for the first 4 hours, plus the actual costs for negotiators and communications personnel. Actual costs for all officers after 4 hours. An 8-hour incident with a response of 2/3 of a 30 person Team would cost approximately (assuming no cost for WCSO response): 20 tactical officers @ $750 (8 WCSO) 12 officers @ $42 per officer/hr 4 negotiators (2 WCSO) 2 communications operators (WCSO) misc gas/supplies/bullets Total $ 9,000 $ 2,016 $ 672 $ 0 $ 1.200 $12,888 4 hours . Option 4 - Pay nothing and no eligibility for SRT response. . / ,i . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director ~ April I, 2003 Authorization for Environmental Assessment Worksheet Study (EA W). Because the Territorial Prison Site is on the National Register of Historic Places and development of the site may impact the resource, an EA W is required. The primary areas of possible impact are archeological resources and historic associations. (See attached letter). The proposed scope of work would provide the needed analysis to complete the EA W. The cost of the analysis is $5,980. This cost is normally passed on to the development. Because time is of importance, approval at this time is recommended. . Recommendation: Approval of proposed assessment of effects. Attachments: Minnesota Historical Society letter of March 27,2003. . .. . . The 106 Group Ud. 370 Selby Avenue 9.. Paul, MN 55102 April I, 2003 Mr. Steve Russell Community Development Director City of Stillwater, City Hall 216 North 4th Street Stillwater, MN 55082 Re: Minnesota Territorial Prison, Stillwater, Proposal for Assessment of Effects Dear Steve: I am pleased to provide a scope of work and cost estimate for an assessment of effects of the proposed development at the site of the Minnesota Territorial/State Prison, in partial fulfillment of the Environmental Assessment Worksheet (EA W). The work will include the following tasks: · Obtain proposed plans in digital format; . Establish area of potential effect (APE) for the proposed development; . Meet with the State Historic Preservation Office (SHPO) staff to discuss preliminary observations regarding potential effects; . Prepare report that discusses potential effects to an historic, archaeological and cultural resources within the project's APE; . One copy of the report win be submitted to you for review; up to four copies and a digital copy of the final report will be submitted; and . One additional meeting is anticipated to present and discuss the effects findings with the City and development team. The 106 Group is sensitive to the City's scheduling needs and is committed to completing the ~asks a~ quickly as possible. If we receive a notice to ~roce:d by ARril 2nd, ~ork can be~n ImmedIately. The report can be completed between Apnl 18 and 30 dependmg on SHPO s availability. The effects documentation can be completed for an amount not to exceed $5,980. We appreciate this opportunity to continue to assist the City with this important project and look forward to working with you. Please do not hesitate to call if you have any further questions. Sincerely, THE 106 GROUP LTD. K. Anne Ketz President and Technical Director Tel: 651.290.0977 www.106group.com Fax: 651.290.0979 . ..<- '. ;., . ML\'\ESOTA HISTORICAL SOCIETY rvJ-7.' . . \.'J~\b7.. , ~ ,,J', March 27,20.0.3 Mr. Steve Russell City of Stillwater 216 North4lhStreet Stillwater, MN 55082-4807 Re: Territorial/State Prison Stillwater, Washington County SHPO Number: 20.0.2-3282 Dear Mr. Russell: - - .' Thank yoUfor your request for clarification or\ the status of theelementsof the Territorial/State' Pr'isonNational Register property following last year's fire. , . . We have reviewed information documenting ,the site after the fire as well as the report of the archaeologic'al survey thatwascompleted bY The' 10.6 Group. '. On the basis, of this , review, We conclude that the property continues to meet National Register criteri~. The ,applicable criteria are criterion D (archa~ologicalsignificance),and possibly A (for historic associations). '.. .. ' We 100kforwardtoWorking with you as planningforthe future of this sitemovesJonivard. Contact usat 651-296-5462 with questions or concerns. . Sincerely, -=:;;:,., Dennis A.' Gimmestad Government Programs- '& COl1Jpliance- O,fficer cc: Anne Ketz, The 1 0.6 Group " . :~,:~~) Kp [lo~~' . . . r .Jf"wate: ~ - -- ~~ ---- -\ THE BIRTHPLACE OF MINNESOTA 'FYI Corrected Downtown Parking Commission Thursday, March 27, 2003 8:30 a.m. Riverview Room Agenda Items 1. Introduction of new member. 2. Update 2003 Pay Parking Program. 3. Revised parking signage. 4. Parking Complaints. 5. Other Items. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 Chair Doriott Call To Order Agenda: Minute~ Treasurer: Attornev: Planner: Engineer: Cler~ CmPmittees: People Portion; (lId ijmines~ New Business: AdjillJm 03/20/2003 Stillwater Township March 27, 2003 Stillwater Town Hall . 7:00 P.M. Regular Meeting Adopt Approve Minutes March 1 3, 2003 Regular Town Board Meeting I. Checks\Claims 2. l. 2. Clarification of Zoning Administrator Status 3. 1. Review Shafer Certificate of Occupancy 2. Linde Escrow Review 3. Draft Results of Planning Meeting 1. Stonebridge Trail Update-Engineer To Be Present 1. Misc. . 1. Updates Park 2. Motion to Approve Lynn Murphy to Park Committee 1. 8:00 Chief of Police Report 2. 8:15 .Jerry McKoskey Re: Oak Wilt 1. Discuss Status of Lawn Care and Shelter Mal'Hig;:;:- Applicants . Pat Bantl i . . . ~emo DATE: March 28, 2003 TO: Mayor and City Council FROM: Chantell Knauss Director of Administration RE: Bring Your Kid( s) to Work Day Thursday, April 24, 2003 is National Bring Your Kid(s) to Work Day. The City of Stillwater will host its first-ever Bring Your Kid(s) to Work Day for Staff and their child(ren). I have attached the notice and tentative schedule for your information. The agenda includes a Mock City Council meeting, tentatively scheduled for I :00 p.m. on April 24,2003. We would be honored if you would be able to participate by being available before the Mock City Council meeting to greet the children and give a brief explanation of your role as the Mayor and City Councilmember. Please let me know prior to Friday, April II, 2003 if you will be participating. Thank you for your consideration! - """1"'1 · ~ -water -- THE BIRTHPLACE OF MINNESOTA BmfGYOVRJaDtS) 10 WOIO[DAY . ~AtdM." On Thursday, April 24, 2003 the City of Stillwater will host its first ever "Bring Your Kid(s) to Work Day." On April 24,2003, the Ms. Foundation for Women is launching Take Our Daughters And Sons To WorksM to broaden the conversation about the competing challenges of work and family, and help create a future in which kids can participate fully in family, work, and community. The program was originally begun in 1993 for girls and was adapted later to include boys. The program, recommended for kids ages 8 to 12, introduces participants to the vast range of potential job opportunities, while asking children to consider how their future work will fit into their overall lives. The major goal for the activities is to encourage kids to think now about how their dreams for the future-both for their work and family lives--can be achieved. For example, if they plan to have a career that requires them to travel or work a night shift, who will take care of things at home? The activities are meant to be fun, allow for lots of conversation, and engage kids in thinking about work and home life in ways they may never have before. . The City of Stillwater will launch Take Our Kid(s) To Work Day so that boys and girls can learn to work together to bring about a more equitable world - at home, at school and in the workplace. Proposed Schedule of Events 8:00 8:30 8:45 9:30 10:15 10:45 11 :30 12:00 1:00 1 :45 3:00 Parent time (show office, work space, etc) Welcome Tour City Hall Police Department Tour Fire Station Tour Library Tour Water Board Tour Lunch Mock City Council Meeting Public Works Facility/Big Trucks Tour Parent time Please sign up with Chantell by Fridav ~ Aorill L 2003 if you and your child(ren) will be participating. . We would appreciate a $5/family contribution to apply toward lunch. (over for Direct Deposit information) :-f .~ Apr 81 2883 12:44:53 Via Fax Page 881 Of 881 . ~ >- 11. . . -. >- = -= = ...... Ill. =- o = CD ~ = CD - Ill. -} 6514388889 Administrator Join the League of Minnesota Cities at City Day at the Capitol WEDNESDAY, APRIL 9 CITY OFFICIALS . BUSINESS LEADERS . RESIDENTS ~ Join communities from all ove.r Minneso~ to send a message that the Governor's S~te budget proposal and Senate property ~x freeze proposal won't work for MinnesOta cities. Bring a business leader and resident to the Capitol with you on April 9 to show legislators that the impactS reach beyond city hall to your community's residents and businesses. The agenda includes: 11 a.m. Legislative briefing 12 p.m. Box lunch 2:15 p.m. Assemble on Capitol steps 2:30 p.m. Capitol steps press conference 3:30 p.m. Appointments with legislators Before and after the press conference, you are encouraged to schedule appointments to meet with your legislators (visit .............1eg.state.mn.us/leg/legdir.asp for info on legislators). P"trking wi/! lu tflvtfli!tflU~ in th~ LMC lot, tfls w~/! tfls in designtflt~d tflM1s OfSedYS, Ioctflt~d on Ric~ Strut. Furth~r d~tdi!s wi/! b~ ;ostd on th~ LMC w~b sit~ (www.lmnc.org) tis tflwtiItiU~. "Many cities will be impacted by cuts to state revenue sharing, but EVERY community will be impacted by restrictions on debt and levy limits." For more details on this event, visit www.lmnc.org or, call (651) 281.1200 Maka your voica haard April 91 Strengthen your community's voice-invite a business leader and resident. RSV'P is encouraged to ensure an accurate meal count. There is no charge for event. -------------------------------------, I I I I I I I I I I LEAGUE OF MINNESOTA CITIES'145 UNIVERSITY AVE. W'ST. PAUL, MN'55103'(651) 281-1200 I -------------------------------------~ DYES! We will make a difference by participating in City Day at the Capitol on April 9, We'll bring a business leader and resident with us-add our city to the list! Title City Name 1. 2. 3. TO RSVP: Fax to 651.215.4141, or e-mail slake@lmnc.org LOCATION:Via Fax RX TIME 04/01 '03 12:20 j Stillwater Township F" I Calendar . Chair Doriott April 2 Joint Board (Liberty Projects) 7:00 PM April 3 Planning Commission 7:00 PM April 10 Town Board Meeting 7:00 PM April 14 Park Committee & Shelter Manager Interviews 7:00 PM April 17 Board of Review 5:00 PM - 6:00 PM April 24 . Town Board Meeting 7:00 PM Chair Hiniker May 1 Planning Commission 7:00 PM May 8 Town Board Meeting 7:00 PM May 12 Park Committee 7:00 PM May 22 . Town Board Meeting 7:00 PM . Chair Hiniker June 5 Planning Commission 7:00 PM June 9 Park Committee 7:00 PM June 12 Town Board Meeting 7:00 PM June 26 Town Board Meeting 7:00 PM . (O~)~d SU~is~rs may attend any or all of the above meetings. l~~ . Clerk, Stillwater Township March 28, 2003 "" . . . I . March 27, 2003 STILLWATER TOWN BOARD MEt: liNG Town Hall 7:00 P.M. PRESENT: Chairperson Jim Doriott, Supervisors Sheila-Marie Untiedt, Jim Hiniker and Duane laabs. Also, Planner Dick Thompson, Engineer Paul Pearson, Attorney Tom Scott and Treasurer Gloria Sell. 1. AGENDA - M/S/P Hiniker/Laabs moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Laabs moved to approve the 3/13/03 Stillwater town board meeting minutes as written. (4 ayes) 3. PLA.NNER- 1. The Shafer's were present re: their certificate of compliance for a home occupation. Approval was given at the 3/13/03 meeting contingent upon the planner's review and approval which he gave. . 2. The planner checked into charges for the Linde escrow. He will contact them with an explanation of the charges. The balance of the unused escrow money will be returned to the Lindes. 3. Nextel will have to come back to the board re: more antennae and a building at the cell tower on the Rydeen property. Nextel will have to comply with the new tower ordinance. 4. After discussion it was decided that the planner will act as the township zoning administrator. He will talk with Chris Kearney about this change. Forms and worksheets will be created to help with the process. 4. ATTORNEY- 1. For the present supervisors will run for election to specific offices as in the past. Changes may be approved in the near future. The consensus of the board members present is that of having the option to add the "at large" possibility. The attorney will relay this information to the appropriate people. 2. It was asked whether the interior trails in Otchipwe Trails Subdivision are public or private. The attorney will check it out. 5. ENGINEER- 1. M/S/P Laabs/Untiedt moved to approve not more than $2,000.00 for warning . beacons on W3-1A sign posts to be placed on Stonebridge Trail. (4 ayes) 2. M/S/P Hiniker/Untiedt moved to accept the North Valley Inc. bid of $66,811.25 for the 2003 bituminous road maintenance project. (4 ayes) '. , Stillwater Town Board Meeting - 3/27/03 Page Two 3. The engineer will send a letter to Maroneys telling them to move the dumpster. at 97th Street and Pawnee Avenue 15 feet off the township right-of-way. 6. CHIEF OF POUCE - 1. Report circulated. 2. Discussed a request for change of location of speed signage and an additional sign on Neal Avenue just off of Boutwell Road. The township engineer will talk with engineer Klayton Eckles at the City of Stillwater as to which jurisdiction is responsible for the area. 7. OAK WILT - Resident McKoskey asked about financial help for residents in the St. Croix Chateux Subdivision area re: oak wilt. If the residents will request financial help from DNR and handle the paper work, the township board members will sign the forms. 8. PARK COMM11 lEE - M/S/P Untiedt/Doriott moved to appoint Lynne Murphy to the park committee. (4 ayes) 9. LAWN SERVICE CONTRACT - M/S/P Laabs/Hiniker moved to offer a lawn service contract to Valley Green providing a certificate of insurance is received. (4 ayes) The attorney will draw up a contract according to Valley Greens bid information and . receipt of a current insurance certificate. It was stated at the interview that additional work would be $25.00 to $35.00 per person an hour. Bid prices $220.00 per mowing and trimming - Otto Berg Park, $85.00 per mowing and trimming - Arcola Heights Park. (Sheila-Marie Untiedt will not be present 4/10/03) 10. ADJOURNMENT - Meeting adjourned at 9:04 p.m. Clerk Chairperson Approved .