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HomeMy WebLinkAbout2003-10-28 CC PacketREGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS STAFF REPORTS 1.Police Chief 2.Fire Chief 7:00 P.M. AGENDA PLEDGE OF ALLEGIANCE — Observance of Veterans Day - November 11, 2003 — Steve Russell CALL TO ORDER ROLL CALL •PPROVAL OF MINUTES - Approval of October 21, 2003 special and regular meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Buckthorn Removal — Public Awareness Leah Peterson & Jane Klein 2. Reconsideration of Smoking Policy in City Parks — Pat Galligher, Sue Hedlund, Paulette Swanson OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2003 -228, directing payment of bills 2. Resolution 2003 -229, reapportioning special assessments for 402 South Main & 207 East Nelson pursuant to subdivision of land (207 E. Nelson and 402 S. Main) 3. Request for installation of Banner — Christmas at the Courthouse — November 7 -24, 2003 PUBLIC HEARINGS CITY OF STILLWATER CITY COUNCIL MEETING NO. 03 -23 Council Chambers, 216 North Fourth Street October 28, 2003 4:30 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin. 6. City Engineer /PWD 8. City Administrator UNFINISHED BUSINESS 1. Report on Old Athletic Field (available Tuesday) NEW BUSINESS 1. Terra Springs TIF � 'O 2. Long Lake Report ,,! 3. Request for additional funding for update on Downtown Plan PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS 4:30 P.M. 7:00 P.M. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 • • CITY OF STILLWATER CITY COUNCIL MEETING NO. 03 -22 October 21, 2003 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent: None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward OTHER BUSINESS Possible gift of park land Mr. and Mrs. Tom Armstrong provided information on the property they own and wish to construct a tiered park on that property. When completed they would like to gift it to the City. Mr. Dewy Thorbeck, park designer for the Armstrongs, reviewed the proposed design of the park. Mr. Armstrong requested that the staff work with Mr. Thorbeck and himself on this project. He stated that he would be going through the various processes with the City and meeting with the neighborhood on this project. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the concept; waive the building fees for this project and directing staff to work with Mr. Armstrong on this project. All in favor. Mayor Kimble indicated that the War Memorial Committee is continuing their fundraising and suggested that the building permit fees be waived for this project as well. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to waive the building fees for the War Memorial. All in favor. Mayor Kimble stated that he received a request from the Perennial Garden Club for the authorization to apply for a matching grant of up to $3,000 for a sprinkler system at the City Council Meeting — 03 -22 October 21, 2003 garden they maintain adjacent to the old post office building, across from the Lowell In He stated that this garden has been in existence since the 1930s and has been maintained by the garden club since the 1960s. He also stated that the request is a matching grant and the City would match the amount of the grant received, but not to exceed $3,000. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003 -223, authorizing the grant application to Historic Gardens Project. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble adjourned the meeting at 5:15 p.m. REGULAR MEETING Mayor Kimble called the meeting to order at 7:10 p.m. 7:00 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent: None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson City Clerk Ward APPROVAL OF MINUTES Approval of October 7. 2003 regular and recessed meeting minutes. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the October 7, 2003 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Administration of Oath to new Stillwater Police Officer Chris Kopel Police Chief Dauffenbach introduced new Stillwater Police Officer Chris Kopel. Mayor Kimble administered the oath to Chris Kopel. Page 2 of 9 • • City Council Meeting — 03 -22 October 21, 2003 • Reconsideration of Smoking Policy in City Parks — Pat Galliaher. Sue Hedlund. Paulette • • Swanson Motion by Councilmember Kriesel, seconded by Councilmember Junker to table to October 28, 2003 meeting because representatives were not in attendance. All in favor. STAFF REPORTS Councilmember Rheinberger stated that he thought Council should enter into discussions with the School District regarding the Old Athletic Field because that when they do try to sell it the City might not be able to afford to purchase the property. City Attorney Magnuson stated that his report on the issue would be available at the November meeting. City Administrator Hansen informed the Council that once the School Board receives the report from the task force that he has been assured that the City will be invited to discussions with the School Board. City Administrator Hansen requested a special meeting either November 5 or 6 for a joint meeting with the Oak Park Heights City Council regarding the buttonhook locations on Highway 36 and to receive bids and award contract for the North Hill Improvements. Councilmember Rheinberger stated that he would not be able to attend either date. Motion by Councilmember Kriesel, seconded by Councilmember Junker setting Wednesday, November 5, 2003 at 4:30 p.m. as a special meeting. All in favor. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003 -220, directing payment of bills Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2003 -221, approval of agreement with Safeassure consultants, inc. for OSHA and safety consultation Approval of utility bill adjustments Resolution 2003 -222, approval of Change Order #2 for the McKusick Storm Sewer/Trail Improvements (Project 2002 -04A) Page 3 of 9 City Council Meeting — 03 -22 October 21, 2003 PUBLIC HEARINGS This is the date and time for a Public hearina to consider the assessment to expenses related to engineering, contractual. and aeotechnical assistance for the temporary repair on the retaining wall on the west side of property owned bv M r. Tonv Lodae. Notice was mailed to the affected property owner on October 1, 2003. Public Works Director Eckies reviewed the proposed assessment for the property located at 220 East Mulberry, Geocode 28.030.20.13.0145. He stated that this assessment is only for the temporary repair and that permanent repair of the retaining wall will need to take place. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Councilmember Junker asked if future repairs could be assessed. City Attorney Magnuson responded that these assessments are for costs incurred to date and that any future costs can be assessed. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003 -224, resolution adopting assessment for expenses related to temporary repair of retaining wall. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None This is the date and time for a Public hear ina to consider the assessment for the demolition expenses for 501 S. 2 " Street owned bv Brad Castle. Notice was mailed to the affected Property owner on October 3, 2003. City Administrator Hansen reviewed the proposed assessments for the demolition expenses for 501 S. 2 " Street. Councilmember Milbrandt asked if there has been any work done in the 15 days allowed by Council at the October 7, 2003 meeting. Mr. Hansen stated that no work has been done. Councilmember Junker expressed concern on the condition of the property and requested that staff be directed to clean up the area so that the sidewalk could be used. Mayor Kimble opened the public hearing. Page 4 of 9 • 41 • City Council Meeting — 03 -22 October 21, 2003 • There were no public comments. • • Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003 -225, resolution adopting assessment for demolition of property at 501 South 2 Street (L.I. 359) and directed staff to clean up the property and sidewalk for health and safety issues. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Second reading of ordinances Ordinance No. 940A — Electric Franchise Ordinance: Ordinance No. 940B -an ordinance implementing an electric service franchise fee on Northern States Power Company. a Minnesota Corporation. D /B /A Xcel Eneray. its successors and assians. for providing electric enerav service within the City of Stillwater: Ordinance No. 940C — Gas Franchise Ordinance: and Ordinance No. 940D - an ordinance implementing an gas service franchise fee on Northern States Power Company. a Minnesota Corporation. D /B /A Xcel Eneray. its successors and assigns. for prov idina electric enerav service within the City of Stillwater. City Attorney Magnuson reviewed the proposed ordinances relating to the electric and gas franchises and fees. He also provided an update on his and City Administrator Hansen's meeting with Xcel Energy. Councilmember Rheinberger stated that he is against the franchise fee because the property tax and traditional sources should be the basis of revenue. He stated he is against any type of tax to the residents, which includes the franchise fee, and he would not support this fee. Councilmember Junker asked about the degradation issue. City Administrator Hansen stated that nothing has been changed in the franchise ordinance relating to that issue. He stated that Xcel has agreed to disagree on this issue so this would be dealt with as a separate issue. Councilmember Kriesel stated that he understands Councilmember Rheinberger's concerns; however, the fees are necessary to retain core services and that no one on the Council really likes implementing these fees. He suggested that when an alternative revenue source is implemented that Council review the possibility of eliminating the franchise fees. Page 5 of 9 City Council Meeting — 03 -22 October 21, 2003 Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinal. No. 940A, Electric Franchise Ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d /b /a Xcel energy its successors and assigns, permission to construct, operate, repair and maintain in the City of Stillwater, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to adopt Ordinance No. 940B, An Ordinance Implementing An Electric Service Franchise Fee On Northern States Power Company, A Minnesota Corporation, D /B /A Xcel Energy, Its Successors and Assigns, For Providing Electric Energy Service Within the City of Stillwater Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 940C, gas franchise ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d /b /a Xcel energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Stillwater, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants and others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to adopt Ordinance No. 940D, an ordinance implementing a gas service franchise fee on Northern States Power Company, a Minnesota corporation, d /b /a Xcel Energy, its successors and assigns, for providing gas service within the City of Stillwater. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Adoption of resolution adon tina assessment for 418 Harriet St S. Geocode No. 2803020340075 Public Works Director Eckles reviewed the proposed assessment for 418 Harriet Street S. He stated that staff met with Mr. Christensen at the beginning of the project and he was told the approximate assessment for his property. He stated that staff has reduce Page 6of9 City Council Meeting — 03 -22 October 21, 2003 • his assessment approximately $1800 and recommended that the revised assessment amount be adopted. • • Mr. Christensen stated that he felt that his assessment for the water was still too high. He also stated that the street and curb and gutter assessment should be determined by the amount of use because other properties such as duplexes use the street more. Mayor Kimble explained to Mr. Christensen that the City pays for 50% of the improvement costs and that other cities do assess 100% of the cost to abutting property owners, so the City is subsidizing this project. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003 -226, resolution adopting assessment for 418 South Harriett Street 2003 Street Improvement Project (Project 2003 -02, L.I.358). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Approval of transfer of on -sale and Sundav liauor license to St. Croix Preservation Company, Inc. DBA: Lumber Barons to St. Croix Preservation Company DBA: Water Street Inn Mayor Kimble reviewed the memo from City Clerk Ward regarding the transfer of an on- sale and Sunday liquor license to St. Croix Preservation Company, Inc. DBA: Lumber Barons to St. Croix Preservation Company DBA: Water Street Inn Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003 -227, approving transfer of on -sale and Sunday liquor license to St. Croix Preservation Company, Inc., DBA: Lumber Barons to St. Croix Preservation Company, DBA Water Street Inn. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Kriesel stated that he has spoken to some residents that live on Everett and they complimented Shawn Sanders and Tim Moore on their communications and work on the project. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:10 p.m. Page 7 of 9 ATTEST: Diane F. Ward, City Clerk Ordinance No. 940A, Electric Franchise Ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d /b /a Xcel energy its successors and assigns, permission to construct, operate, repair and maintain in the City of Stillwater, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. Ordinance No. 940B, An Ordinance Implementing An Electric Service Franchise Fee On Northern States Power Company, A Minnesota Corporation, D /B /A Xcel Energy, Its Successors and Assigns, For Providing Electric Energy Service Within the City of Stillwater Ordinance No. 940C, gas franchise ordinance, An ordinance granting to Northern States Power Company, A Minnesota Corporation, d /b /a Xcel energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Stillwater, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants arW Page 8of9 Jay L. Kimble, Mayor City Council Meeting — 03 -22 October 21, 2003 • Resolution 2003 -220, directing payment of bills Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2003 -221, approval of agreement with Safeassure consultants, inc. for OSHA and safety consultation Approval of utility bill adjustments Resolution 2003 -222, approval of Change Order #2 for the McKusick Storm Sewer/Trail Improvements (Project 2002 -04A) Resolution 2003 -223, authorizing the grant application to Historic Gardens Project Resolution 2003 -224, resolution adopting assessment for expenses related to temporary repair of retaining wall Resolution 2003 -225, resolution adopting assessment for demolition of property at 501 South 2nd Street (L.l. 359) and directed staff to clean up the property and sidewalk for health and • safety issues Resolution 2003 -226, resolution adopting assessment for 418 South Harriett Street 2003 Street Improvement Project (Project 2003 -02, L.I.358 Resolution 2003 -227, approving transfer of on -sale and Sunday liquor license to St. Croix Preservation Company, Inc., DBA: Lumber Barons to St. Croix Preservation Company, DBA Water Street Inn City Council Meeting — 03 -22 October 21, 2003 • others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes. • • Ordinance No. 940D, an ordinance implementing a gas service franchise fee on Northern States Power Company, a Minnesota corporation, d /b /a Xcel Energy, its successors and assigns, for providing gas service within the City of Stillwater. Page 9 of 9 Sett By: COMPLETE SALES; 651 731 9238; • Jane Klein is a Washington County Master Gardener and Tree Care Advisor for the University of Minnesota Extension Service. Klein serves as chair of the City of Oakdale Tree Board and is also; the president of the Oakdale Garden Club. She has extensive experience with buckthorn busting projects through Oakdale, Great River Greening and the Minneapolis Park Board. cpe qvi (A )9 (V LOCATION :651 731 9238 RX TINE 10/20 '03 07:09 Oct -20 -03 7:53AM; Page 1 finely toothed leaf margin Common Buckthorn • Understory tree Buckthorn , Phatnnus cathartica• 15 -20 feet or less Photo courtesy of Koihy Bolin, MnbQT lateral leaf veins • Likes edges of woodlots, treelines • Produces abundant berries, each berry containing several seeds, and it grows well in the shade of other plants It is very hardy and is able to adapt to most soil and sunlight conditions. • Buckthorn leaves remain green long after most other plants have already dropped their leaves in the fall m N • • • • What's the Problem? • Buckthorn is a non-native invasive plant that grows to become a large shrub or small tree • It's hardy growth characteristics give Buckthorn an advantage over native plants • Buckthorn is taking over and crowding out native species. and in the process, we are losing wildflowers, trees, and shrubs because the native species cannot compete with this aggressive exotic shrub Imagine going to your favorite restaurant and opening the menu, only to find one item listed. Buckthorn is rapidly taking over natural areas and crowding out more desirable species. ca C) N W co 0) Leaves • dark green, glossy, shiny • 3 -4 pairs of upturned veins • opposite to suboppsite - in arrangement • green leaves often remain on tree well into the fall • How Can I Identify It Thorns • short. stout • replace terminal bud at tips of steins Flowers • present in the spring • small, yellow -great • clustered at base of leaves Don't confuse buckthorn with trees genus Primus (wild cherry, choke cherry) Bark • outer ark = gray • inner bark - bright yellow • Choke. cherry • flowers = pink or white • thorns = none • fruit = black, with a . si solid pig • Fruits • on females trees only • green early in season • turning black later in fall • contain 2-4 seeds (like a grape) • may llanr, on tree (until March • • Why Remove Buckthorn? • Buckthorn is det•imental to the health and future of forests, • prairies, wetlands and parks. • It reduces biodiversity, destroys wildlife habitat and out - competes other important native plants, completely changing the landscape. • In 2001 the Minnesota Department of Agriculture declared both Common and Glossy Buckthorn RESTRICTED NOXIOUS WEEDS. Sale, transportation, or movement of these plants is X prohibited statewide by the Minnesota Department of m Agriculture. N • Even though buckthorn makes a nice full hedge in a yard, it also • Q makes an impenetrable, messy thicket in parks, roadsides, forests, ° and your neighbor's yard. O • Each buckthorn fruit produces 2 -4 seeds that remain viable for up to six years! Birds eat these buckthorn fruit and then deposit the seeds everywhere on the fly. As a result, buckthorn quickly moves from pruned, well -kept yards and invades other areas. N CJ CO 01 X --1 3 m What Other Communities Are Doing Many metro area communities have on going buckthorn removal programs • Woodbury has funded a number of projects in excess of $80,000 to remove buckthorn from public natural areas. July 2003 Be a buckthorn buster' Free Market: A great way to give or get free stuff Volunteers needed for storm drain marking What is the Environmental Education Commission? Why Is It important to the community? Recycle your phone books • • 7J X m Ham City Cound a T Oeprtnents eutcods RaYL T O.onrtbn • • What Other Communities Are Doing. 3'WJrcn Rer eld:(tarntnitiaa brr Naolc xial. W to ralcre t utitan Fnnau rtt. Ora ea carve te t• rat. ee.era aat. M:Sr hm 13 rgredtotnod aesirmr in hrxt." Th. ( - 0 arAf prcpa 411 oifrDude taxi hsn:tnf IT to -$grwooNsialand reomtnoc. h 3arur. vapirkarl v I vine oat Traria 13.1.1 nn drct+oPf Tas fr alet Jr.. terztaaTad ru, tag I be Oat. 1.1213 GS it rlmr: EiyIDr Pak NyC'anG bnywnrysrM.rc.Fre %my. 1 V501 lrrdrlane). Ndtoi fttr<: E6:14-30O:. • • Maplewood in 2002 targeted a neighborhood as a pilot area for removal of buckthorn. Information was provided to the residents and City staff and equipment were sent to the neighborhood to remove piles of buckthorn on two different dates • The city is sponsoring another neighborhood for 2003 • They are holding a Buckthorn Buster program in September • They are sponsoring a buckthorn removal in October at Joy Park. What Needs To Be Done • • • Develop public /private commitment to address the problem • Implement city wide eradication program that incorporates public areas and private properties • Work with neighboring communities on joint projects and education • • • Where Are We? • Oakdale Garden Club and Master Gardeners working to remove buckthorn from Bethke Park • North St Paul /Oakdale Lions donated $300 to purchase 2 weed wrenches • Tree Board proposes a city wide public weed wrench loan and private volunteer buckthorn removal program • Grant application submitted to DNR for demonstration project and weed wrench purchase • How You Can Help • Remove Buckthorn from your property • Work with your neighbors to eliminate it from your neighborhood • Become a trained volunteer • Volunteer to help at the October Buckthorn Demonstration Removal project in Oakdale Park. • 0) D • October 21, 2003 Stillwater City Council City Hall 216. N 4` St. Stillwater, MN 55082 • As a resident of the City of Stillwater that uses City recreational facilities, I support policies that create tobacco-free environments for the children to play in I am also the director of Graffiti Teen Center and as such I feel it is essential to ban use of all tobacco products at the recreational and athletic facilities in our town in order to provide a healthy model for our youth. I do not allow tobacco use of any kind at Graffiti, and I urge you to adopt a tobacco-free policy for all recreational facilities under the control of the city. * Children playing in and around City recreational facilities should not be forced to be exposed to the deadly effects of secondhand smoke and the cigarette butts that are often present in these areas. �� recycled paper * The Stillwater City Council has a responsibility to protect the health and safety of our community's children while they use the City's recreation facilities, and adopting a tobacco -free policy is part of this responsibility. * By having policies, we can ensure that coaches, parents and other role models do not use tobacco in recreational settings, which would send our children the message that tobacco use is an unhealthy behavior. Sincerely, • Ann Freitag, Executive Director, Graffiti Teen Center 1912 South Greeley Street Stillwater, Minnesota 55082 Commitment of Support Form for Tobacco -Free Outdoor Recreational Facilities • • The Graffiti Teen Center Advisory Board supports the establishment of a tobacco -free policy for the City of Stillwater outdoor recreational facilities for the following reasons: • Tobacco use in the proximity of children and adults engaging in or watching recreational events is detrimental to their health. • Our youth recreational organizations have a unique opportunity to create and sustain an environment that supports a non - tobacco norm through a tobacco -free policy for our community's outdoor recreational facilities. • Parents, leaders, and officials are role models for youth and can have a positive effect on the lifestyle choices they make. • Cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminishing the beauty of our community's recreational facilities, and posing a risk to toddlers due to ingestion. • Prohibiting tobacco use at our community's recreational facilities serves to protect the health, safety and welfare of the residents of our community. Name 1 Organization Phone Rohn t e. Sh2raJ LJew.yil. a� PH E.- 30- c o t7/2 , .n., . i-te 3,-AO: 4 , -5 2 3 i ., 0 al-1 (-e,Let-e14.4,- i , , , ' • 4 3 ? -3Pi---) i t ,72,4 &- iv. f P-A}V-J",---.4-, to t ev 6 ; 3 e 4 7 730 - 7c/ y (k iA„// ,d4 c„, j /4 — _ gataco Ferme0 u r - /1" -- ; Titn (ti IrA 1 - el-741 . (4 14n C_W -er 2-01 7 N[ i ' r n E -mail (— i y, c-4 k h& You may fax this form to 651 -433 -9971 or mail it to: Washington County Tobacco Coalition, 12590 Mayberry Trail North, Scandia, Minnesota 55073 Commitment of Support Form for Tobacco -Free Outdoor Recreational Facilities The Graffiti Teen Center Advisory Board supports the establishment of a tobacco -free policy for the City of Stillwater outdoor recreational facilities for the following reasons: • Tobacco use in the proximity of children and adults engaging in or watching recreational events is detrimental to their health. • Our youth recreational organizations have a unique opportunity to create and sustain an environment that supports a non - tobacco norm through a tobacco -free policy for our community's outdoor recreational facilities. • Parents, leaders, and officials are role models for youth and can have a positive effect on the lifestyle choices they make. • Cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminishing the beauty of our community's recreational facilities, and posing a risk to toddlers due to ingestion. • Prohibiting tobacco use at our community's recreational facilities serves to protect the health, safety and welfare of the residents of our community. Name 1 Organization G GA'a eA/Ci cekCFi "h` Vr 1 Phone 1 E -mail (s14060 (,c0 0 (i5 • - «ny tvc f 1; — 35 -Z ( 1 You may fax this form to 651 -433 -9971 or mail it to: Washington County Tobacco Coalition, 12590 Mayberry Trail North, Scandia, Minnesota 55073 • Printed on Recycled Paper WC 2105 DATE: October 24, 2003 TO: City Council Members, City Adrninistrator, City Attorney FROM: Patricia Gal_ligher, Public Health and Environment RE: Tobacco Free Parks Thank you. WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT GOVERNMENT CENTER 14949 62ND STREET NORTH • P. O. BOX 6 • STILLWATER, MINNESOTA 55082 -0006 Office: (651) 430 -6655 • TTY (651) 430 -6000 • Facsimile Machine: (651) 430 -6730 Enclosed are statistics on tobacco use in Stillwater from the 2001 Minnesota Student Survey, and other background information about how tobacco use affects our youth and what a park policy could do to help this problem. As you will see, student tobacco use rates are higher in Stillwater than in the rest of the county. I've also included a sample policy that could be used for Stillwater. Members of the Tobacco Free Future Coalition of Washington County will be at the October 28 City Council meeting to present this information. If you have any questions, please call me at 651 -430 -6675. I appreciate your consideration of this issue. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION Mary L. McGlothlin Director Lowell Johnson Deputy Director Minnesota Student Survey Key Indicators Trends Data - Stillwater 25 - •1/2 pack or more per day Any cigarette use past 30 days Stillwater —O —Grade 6 —tom -Grade 9 —*- -Grade 12 50 2 4 15- k1r "A 17 3 1 0 0 0 0 ^ 1992 1995 1998 2Q01 Heavy cigarette use past 30 days* Stillwater —O —Grade 6 —01—Grade 9 —e —Grade 12 30 - 1� 34 21 8 5 0 - 4- A-- T--='` =t , 0 , 1992 1995 1998 2001 50 25 30 - • Any cigarette use past 30 days Washington County —O —Grade 6 —3--Grade 9 --*--Grade 12 12 16 0 1992 1995 1998 2001 Heavy cigarette use past 30 days* Washington County —0 —Grade 6 —t —Grade 9 —,k —Grade 12 15 "E 10 5 0 01_, O1 01 -0 1992 1995 1998 2001 • 112 pack or more per day 9 32 19 50 - 25 - —0--Grade 6 --- -Grade 9 —A- -Grade 12 0 "'^O 4 1992 1995 1998 2001 Heavy cigarette use past 30 days* Minnesota —0- -Grade 6 Grade 9 —A- -Grade 12 30 - 0 , '112 pack or more per day Any cigarette use past 30 days Minnesota IC31 ----31 36 19 13 4 . t r a 1__, 1992 1995 1998 2001 • All numbers represent percentages 1 Any alcohol use past 12 months Stillwater -0 -Grade 6 -21-Grade 9 -A -Grade 12 100 - 50 - �. 0 1992 1995 1998 2001 Frequent alcohol use past 12 months* Stillwater -0 -Grade 6 - - -Grade 9 A- -Grade 12 50 - 25 - A 2''. 0 *20 or more limes { 1992 0-1-, 0 -1 1995 1998 Ail bers represent percentages 43 A 21 8 2001 Any alcohol use past 12 months Any alcohol use past 12 months Washington County --o- -Grade 6t -Grade 9 --k- -Grade 12 100 50 0 *20 or more times A ' --A41 —_ 74 -,► 68 t B -w-55 50 0- 49- - 21 v 1 ^ • 4 13 1992 1995 1998 2001 Frequent alcohol use past 12 months* Washington County -0- -Grade 6 - Z-Grade 9 -A-Grade 12 50 - 25 A--2b •' 20 .--t4 0 1440- ---111 8 1992 1995 1998 2001 Minnesota -0- -Grade 6 -a-Grade 9 -A-Grade 12 100 - �29L"'- 0—A-7 --A 70 50 - 48 0 *20 or more times 14 1992 1995 1998 2001 Frequent alcohol use past 12 months* Minnesota -O- +Grade 6 M- -Grade 9 -sir-Grade 12 50 - 25- 24 tea--- -0 8 1992 1995 1998 2001 2 Any binge drinking past 2 weeks* Stillwater —O —Grade 6 —Grade 9 —A- -Grade 12 50 - 25 - 'S or more drinks In a row 50 - 0 34 0 - — Q - , -- — , 1992 1995 1998 2001 53 1992 1995 1998 2001 14 Alcohol or drug use is a problem at school - Stillwater --O —Grade 6 —M-- -Grade 9 --A- -Grade 12 100 4 —4 —Grade 6 -4 —Grade 9 —A —Grade 12 50 - 25 - 03 04 0 -, o , 1992 1995 1998 2001 1992 1995 1998 2001 Alcohol or drug use is a problem at school - Washington County —O- -Grade 6 —M—Grade 9 —* —Grade 12 100 - 50 - 0 Any binge drinking past 2 weeks* Any binge drinking past 2 weeks' Washington County Minnesota _-� 21 �L�J f �&Yf3 D1 '5 or more drinks In a mw -� 31 5 -- ---Std 18 �'xsZ — �r�6 - -�► 77 s - --M 61 0-4- 1- ----0 9 1992 1995 1998 2001 —0 —Grade 6 —M—Grade 9 —A--Grade 12 50 - 25 '5 or more drinks In a mw 0 -- i- 25 —£r35 A 34 17 - r 1 Alcohol or drug use is a problem at school - Minnesota —O —Grade 6 —Grade 9 --k —Grade 12 100 - 64 50 66 65 61 0 20 11 V^ 17 1992 1995 1998 2001 • All numbers represent percentages 3 Any marijuana use past 12 months Stillwater -0 -Grade 6 -IT-Grade 9 --A -Grade 12 50 - 25 - 0 A7 8 0 1992 1995 • 1998 2001 Any marijuana use past 30 days Stillwater -0 -Grade 6 - - -Grade 9 (Grade 12 50 A 1992 1995 1998 L 37 All fibers represent percentages 22 23 17 2001 Any marijuana use past 12 months Washington County -O -Grade 6 -1-Grade 9 --A -Grade 12 50 25 - 25 - 32 20 0 G: r iii d2 ., —J2 1992 1995 1998 2001 Any marijuana use past 30 days Washington County -0-Grade 6 -!-Grade 9 -h-Grade 12 50 - 22 14 0 — -T- 4 -1 1992 1995 1998 2001 Any marijuana use past 12 months Minnesota - 0-Grade 6 - -Grade 9 -* -Grade 12 50 - 25 - 50 25 - X 21 A 32 20 1992 1995 1998 2001 Any marijuana use past 30 days Minnesota -0-Grade 6 --' -Grade 9 -1 -Grade 12 11 1992 14 20 22 A 15 03 , 02_, 1995 1998 2001 • • 4 6th grade not asked following questions 60 - 3 30 - 8 23 x` --tl@ 8 0 50 - 25 - 0 Driving after alcohol or drug use past 12 months - Stillwater -Pi-Grade 9 --A- -Grade 12 1992 1995 1998 2001 Ever ride with friends who use alcohol or drugs - Stillwater - -Grade 9 -A -Grade 12 1992 1995 1998 2001 Z3 60 30 - • Driving after alcohol or drug use past 12 months - Washington County • • - -Grade 9 --A -Grade 12 Ar ns ' - --A 24 7 50 - Ever ride with friends who use alcohol or drugs - Washington County -At-Grade 9 --A -Grade 12 25 - 31 25 J 23- I$t 23 1992 1995 1998 2001 60 - 30 34 0- 0 Driving after alcohol or drug use past 12 months - Minnesota -IV- Grade 9 -Air-Grade 12 8 1992 1995 1998 2001 1992 1995 1998 2001 Ever ride with friends who use alcohol or drugs - Minnesota -ill-Grade 9 -A - Grade 12 50 - 44 25 - 44 -29- " 26 1992 1995 1998 2001 All numbers represent percentages 5 • GASP of Colorado Education Library Tobacco is a Gateway Drug Friday, July 2, 1999 • Tobacco is a Gateway Drug Page 1 of 4 Illegal drug use is rare among those who have never smoked and cigarette smoking is likely to precede the use of alcohol and illicit drug. (National Survey Results on Drug Use from the Monitoring the Future Study, 1975," The University of Michigan). The amount of tobacco use is directly related to other drug use. Students whose low -level use of tobacco or alcohol increased to heavy -level use during follow -up interviews were more likely to begin using other substances or to increase their use if these substances than those who remained low -level users of tobacco or alcohol. (Bailey, 1992) Among 12 through 17 year old adolescents who had never smoked, only 3 percent had binged (had five or more alcoholic drinks in a row) in the past 30 days, this compares with nearly 40 percent of daily smokers in this age group who had binged in the last 30 days. (NIDA, Nationional Household survey on Drug Abuse, 1985) Among young people 15 years of age, the initial use of cigarettes, alcohol or marijuana is the strongest predictor of later use of cocaine. (U.S.. Department of Health and Human Services,1998) Youth between the ages of 12 and 17 who had smoked in the past 30 days were 3 times more likely to have consumed alcohol, 8 times more likely to have smoked marijuana and 22 times more likely to have used cocaine than those who had not smoked cigarettes. (NIDA, National Household Survey on Drug Abuse, 1985) According to former Surgeon General Jocelyn Elders, "What is notable about tobacco use is that it consistently occurs early in the sequence of problem behaviors. When a young person starts to smoke or use tobacco, it is a signal, an alarm that he or she may get involved in other risky behaviors. This is one of the few Tobacco is a Gateway Drug Page 2 4 early warning signs we have in public health. If we can prevent tobacco use in the first place, we might have a big impact on preventing or delaying a host of other destructive behaviors among our young people." Tobacco is officially recognized as an addictive drug. The tobacco companies discovered decades ago that if they removed the nicotine, the addictive element, people stopped buying the tobacco products. Tobacco is also a gateway drug for teenagers. According to the National Institute on Drug Abuse, a federal government agency, teens get hooked on tobacco by the time they are 12 to 14 years old. 97% of high school seniors who smoked a pack -a -day in 1985 had begun smoking by the fourth grade. 53% of seniors who smoked half -a -pack a day or more said they had already tried to quit smoking and were unable to do so. 47% said they would like to quit. There is a dramatic association between smoking and illicit drug use. 95% of pack -a -day smokers in the senior class had used an illicit drug, 81% had used an illicit drug other than marijuana, 49% had used cocaine, and 67% were actively using an illicit drug. Of the nonsmokers in the senior class, only one - fourth (27 %) had tried an illicit drug (compared to 95% of smokers); only 20% had tried marijuana (94% of smokers); only 5% had tried cocaine (49% of smokers). Current marijuana use was eight times as high among the pack -a -day smokers as nonsmokers, and daily marijuana use was 20 times as high. Daily use of any illicit drug other than marijuana was 13 times as high among smokers as nonsmokers. There is also a dramatic relationship between smoking and use of alcohol. The pack -a -day smokers are 11 times as likely to be current daily drinkers as those who never smoked (18.4% vs. 1.7 %). Pack -a -day smokers are also 4 times as likely to report an occasion of heavy drinking (67.9% vs. 17.2 %). The National Institute on Drug Abuse (NIDA) says, "the experience of smoking can teach youngsters to use a psychoactive drug to influence mood and alertness, as nicotine does, and then reinforce that behavior. Smoking cigarettes • `Tobacco is a Gateway Drug Page 3 of 4 • In the time it took you to read this page: prepares young people for the relevant mode of ingestion for one of the next drugs in the sequence - namely marijuana." NIDA points out that drawing a foreign substance into the lungs is not a normal behavior for humans or other animals: it is a behavior which has to be learned and rewarded enough to overcome the aversive experiences which usually result." To allow tobacco use at schools or at any teen function is to sanction drug use. To allow adults to smoke at a teen function is to promote the image of "adult behavior" and to say clearly "I can do it and you can't. Secondhand smoke is not my worry, but yours." Secondhand smoke is radioactive, carcinogenic, contains over 4,000 toxic chemicals and 40 known carcinogens, acts synergistically with radon and asbestos to increase health damage, and does not discriminate by age, race, sex, or political preference. Secondhand smoke denies equal access to public events by creating a barrier as real as steps are to a wheelchair person. • Ten Americans died of a tobacco related illness, • At least one to them never chose to smoke. 1) National Institute on Drug Abuse, National Trends in Drug Use and Related Factors Among American High School Students and Young Adults, 1975 -1986. 2) 1986 Surgeon General's Report on the Health Consequences of Involuntary Smoking. Adapted from an article by the Virginia Group to Alleviate Smoking in Public. Return to GASP of Colorado Home Paae. Please send any comments, additions or corrections about this page to: gaspco @.gaspfora r.org This article is a public service of GASP of Colorado (Group to Alleviate Smoking Pollution) 2885 Aurora Avenue Suite 37 Boulder CO 80303 Tel: (303) 444 -9799 If this information is of use to you, please consider making a tax - deductible contribution to GASP of Colorado. Revised '9 -Jun- 2001,11:26:38' URL of this page: http:// www. gaspforair .org /gedc /'GEDCGATE.HTM' Presented as a public service by SCCS. Minnesota Student Survey, 2001 • JUNE 2003 KEEP KIDS OFF TOBACCO .. There is more at stake than just good health... Youth tobacco use is associated with • school problems. • drinking alcohol, even binge drinking. • marijuana use. early sexual activity. • stealing. • damaging property. • violence — hitting or beating up others. • carrying guns to school. • stress, depression and suicide attempts department "Education • TOBACCO USE AND ACADEMICS: NON - SMOKERS REPORT HIGHER ACADEMIC SUCCESS School achievement and its relationship to avoiding tobacco use Is there a connection between academic success and youth tobacco use? Students say yes. When youth use tobacco, many report decreases in achievement levels, involvement in school - related activities and feeling connected to school. On the other hand, when there are difficulties at school that cause students stress and alienation, they tell us they sometimes turn to tobacco and alcohol to cope. In fact, dislike of school was the strongest predictor of youth tobacco and alcohol use in one national study (Add Health Study, UofM, 2002, htto: / /allaboutkids.umn.edul. Nicotine, a highly addictive drug, has physiological, psychological and social affects that interfere with students' ability to concentrate, learn and perform. A stimulant, nicotine may help a student stop the jitters and pay attention in class — but this is short- lived, lasting no more than 20 minutes. Then a person's brain and nervous system crave more. The physical and psychological dependence preoccupies students, distracting them from their studies as they plan for the next cigarette. Tobacco use also causes decreased lung and cardiac function, diminishing peak performance in physical activity and sports. The other variables — involvement in school - related activities and feeling a part of the school — have an impact on students doing well in school. Students who are involved in school - related activities do better. Students who like school have better attendance and are more prepared for and attentive in class. Students who have goals also are more successful academically. Tobacco users are Tess likely to report any of these factors that support learning. Findings from the Minnesota Student Survey confirm that staying free from tobacco use relates to academics, school connectedness and school involvement. See the data and discussion that follow. MSS: Tobacco Use and Academics 1 ■ T obacco use among Minnesotans Youth tobacco use is a major health problem. Of 50,000 9 grade students participating in the Minnesota Student Survey in 2001, 19 % (9,000) smoked. Some smoked only occasionally but 4.5% reported smoking heavily (% a pack to 2 packs per day). Among le grade students, 36% reported smoking -- higher than the national average of 29 %, and 13% were heavy smokers. Even among 6th grade students, 4% reported some tobacco use. Among adults who use tobacco, nearly 90% started smoking before the age of 18. Most teens think they can quit whenever they want, yet 70% are still smoking at age 25. Nationwide, each day nearly 5,000 young people try their first cigarette and 2,700 of them eventually become addicted. Most teens start using tobacco, not realizing it is as addictive as heroin or cocaine. nor understanding the short and long term health consequences of its use. Tobacco use is the leading cause of death in the nation causing more deaths than accidents, infections, heart disease and firearms - combined. Nearly 400,000 deaths occur per year nationwide from tobacco - related causes 5,600 in our state alone. Minnesota tobacco users shorten their lives by an average of 12.7 years. Deaths related to tobacco use are preventable. Only recently has secondhand smoke been recognized as hazardous. It can cause cancer- in smokers and non- smokers alike. Young children exposed to secondhand smoke have higher rates of asthma, respiratory illnesses and even SIDS deaths. Coordinated efforts among public health, educators, law enforcement and youth advocacy groups successfully reduced tobacco use among 9 graders from 1998 - 2001 from 30.3% to 18.7 %, lowering the number of tobacco users by more than one - third. Sources: CDC Office on Smoking and Health (www.cdc.aov /tobaccol, Minnesota Department of Health (www.health.state.mn.us) Working together to tackle tobacco... Education and public health have worked together to reduce youth tobacco use. State, county and local public health agencies have worked to build partnerships among schools, public and private sectors, the religious community and local elected officials and media campaigns to create an environment where tobacco is undesirable, unacceptable and inaccessible. The goal is to improve the health of the population, thereby reducing health care costs and improving work productivity. In partnership, schools and public health can help students be both tobacco free and successful learners. With support from the Minnesota Department of Health, the Minnesota Department of Education, the Learning Readiness and Support team provides leadership, training and technical assistance to schools in all components of a comprehensive school approach to tobacco use prevention. Also in the same team, the Safe and Drug Free Schools program supports chemical use prevention including tobacco use prevention, violence prevention and maintaining a safe learning environment. Definitions for data on the charts that follow: The 9th grade students who participated in the survey in 2001 are classified into three groups: • Non - smokers did not use cigarettes in the 30 days prior to the survey. • Occasional users smoked in the past 30 days, but fewer than 1 cigarette per day. • Frequent smokers in the past 30 days smoked from 1 -5 cigarettes to two packs or more per day. The Minnesota Student Survey also includes questions regarding chew (spit) tobacco and cigars. Only data on cigarette smoking are included in this briefing. Findings do not include information from students in alternative learning centersfprograms. MSS: Tobacco Use and Academics 2 Key findings of the •nnesota Student Survey More non - smokers report getting A -Bs than those who smoke frequently (63% for non - smokers, 20% for frequent smokers). Those reporting getting mostly C -D -Fs are much more likely to be frequent smokers (11% for non - smokers, 47% for frequent smokers). students have aspirations to go to college. The 9th grade non - smokers report such plans at much higher rates than frequent smokers. Ninth grade is a time when course selections and grades weigh heavily toward later college acceptance. factors influence student success, including regular attendance, low levels of stress or other factors that distract learners, school connectedness and safety. • Non - smokers report skipping school six times Tess than frequent smokers.:, • Non - smokers report stress and worry at one -half the rate of frequent smokers. • A higher percentage of non - smokers report connections to schools besides better grades and good attendance — school - related activities such as homework, music and sports. < • More youth who smoke report basic safety problems at school. These include being threatened and having property lit len or damaged. A strikingly higher rate of frequent okers report being offered or sold drugs at school than non-smokers. % Non- smokers say they spend time in school- related activities at higher rates 6+ hours doing homework 3+ hours in music Hours per week Non- smokers report a lower rate of school safety problems 0 Non- smokers ©Occasional users • Frequent smokers 46% 29% 20% 16% 39% 50% 51% Student threatened you Property stolen or O Non - smokers OOccasional users ■ Frequent smokers 41% 34% 20% 6+ hours playing sports on a school team 58% Were offered sold or damaged 1+ times given an illegal drug Events at school - past 12 months 3 63% Non- smokers report getting good grades at a higher rate than smokers O Non- smokers ® Occasional users ■ Frequent smokers Most frequent grades are A & B 88% Plan to go to college 26% 79% 25% 11% 4% Skipped school 3+ days School attendance - past 30 days Under great amount of stress or pressure Stress and worry — past 30 days Non - smokers report college plans at a greater rate than smokers Non - smokers rarely say they skip school O Non- smokers DOccasional users • Frequent smokers O Non - smokers 0Occasional users • Frequent smokers 31% Nervous, worried or upset 47% Most frequent grades are C, D & F O Non - smokers ['Occasional users • Frequent smokers Non - smokers report stress and anxiety at lower rates MSS: Tobacco Use and Academics 3 School program & policy implications Due to the strong connection between students' academic success and the non -use of tobacco, schools are invested in tobacco use prevention. Yet some youth feel that stress at school is one factor that that leads them to tobacco use. It may be one influence of many including family and community factors, tobacco industry marketing, and the relative ease of youth access to tobacco despite control efforts. So schools find success via forming close alliances with parents, public health, health care providers, law enforcement and voluntary health agencies — to tackle tobacco use. Best practice for schools includes programming in these areas: Parent and family involvement. Most parents, including those who smoke, do not want their children to become addicted to tobacco. Tobacco use is not a youthful right -of- passage but risky business with a highly addictive chemical. Schools can help by relaying strategies that reinforce the basics of positive parenting — good communication between parents and children, clear rules that are fairly enforced and being role models. Schools can also provide information on how tobacco use affects students' school work, giving adults another strong reason to be clear about their expectations of no youth tobacco use. Parents also have another way to work on tobacco use prevention. Setting high expectations for their children's education — regular attendance, good study habits, being involved in school activities and anticipating success. Youth who do well in school and are connected to school are Tess likely to use tobacco. Curriculum /instruction for tobacco use, as for other health risk behaviors, builds students' skills in basic communication, problem solving, refusal and coping. These skills need to be reinforced for students at higher risk for tobacco use due to school, family, peer or personal stress. Help from other educators like student services staff, coaches and parents is key. Classroom prevention. education is a place to reinforce the social norm among peer groups of no- tobacco -use. epartment Education For more information: Minnesota Student Survey: www.mnschoolh — see Data, or www.education.state.mn.us. Minnesota Department of Health's Youth Tobacco Survey conducted in 2000 and 2002 on a sample of 6 - 12 grade students: www. health. state. mn .us /divs /chs /data /tobacco.htm. Tobacco use and prevention: www.cdc.Qov /tobacco. 1500 West Hwy 36 Roseville, MN 55113 Student services staff can identify tobacco use early by asking questions when addressing other problems such as attendance, behavior, poor grades or alcohol use. When students seek assistance for tobacco use or have rule infractions, the situation should be treated like problems with alcohol or other drugs — review of the student's level of use or addiction, referral for cessation/ treatment and providing support after treatment. School policy. The school needs to hold to the standard of being tobacco -free — no tobacco use by youth or adults. Youth need to be accountable when they break the rules, but dismissing students from regular class (ex., for in- school or out -of- school suspension) may exacerbate academic problems for students who may already be disengaged. The reason for using tobacco needs to be explored. It could be a 'red flag' for academic, personal or social problems. Alternatives need to be considered, like including a restorative measures approach (addressing harm done) or sanctions -plus- support. A positive school environment includes setting the tone that learning is valued, and there are high expectations for success by every student. The school must also feel safe and welcoming to students — from the front door to every classroom to co- curricular activities, especially for students who feel out -of- synch. The Minnesota Student Survey is administered by the state education agency every three years to participating 6th, 9th and 12th grade students. This briefing is based on responses from nearly 50,000 9th grade public school students in 2001. The Minnesota Departments of Education, Human Services and Health contributed to survey administration and data analysis. MSS: Tobacco Use and Academics 4 • • SSOCIATION FOR WORLD HEALTH 'T €$ BACC C[] World No Tobacco Day • May 31, 1999 AMERICA H ere is the ugly truth — tobacco will kill 50% of every young person who starts smoking early and keeps it up. Half of that 50% will die in middle age, losing an average of 22 years of normal life expectancy. it's a true addiction! Typically, when teenagers begin to smoke, they don't i nfialize that nicotine is addictive. As they pass through Igp e 4 predictable stages of addiction, it takes them less than a year to progress to full -scale addiction: 1. Preparation (being seduced by a culture that glamorizes, accepts and even defends tobacco use, including influence by advertising, entertainment and peer pressure —and too often the example of important adults in their lives) 2. Experimentation 3. Smoking regulariy 4. Nicotine addiction Is addiction too strong a term? Isn't smoking just a bad habit that can be broken without too much effort? To the contrary! In 1988 the US Surgeon General concluded that tobacco is addicting and that the physical and psycho- logical symptoms of nicotine are "similar to those that determine diction to drugs such as heroin nd cocaine." Nicotine's effects on the brain are similar to those of heroin, amphetamine and cocaine. In ranking addictive drugs, nicotine was determined to be even more addictive than heroin, cocaine, alcohol, caffeine, and marijuana. Our kids are hooked on— Chew, Smokes, Snuff and other Stuff more addictive than eroin, cocaine, alcohol, caffeine, and marijuana Some startling facts about our kids • 36% of high school students smoke. • 25 °, of high school males use smokeless tobacco. • Every day 6,000+ kids have their first cigarettes; 3,000 of them will become regular smokers. • 500 million packs of cigarettes are sold illegally to kids every year. • 15.5 million kids are exposed to secondhand smoke at home. • Today 3,000,000+ kids smoke almost one billion packs of cigarettes a year. • Over 5,000,000 kids under 18 alive today will ulti- mately die from tobacco use. • Kids are three times as sensitive to tobacco adver- tising as adults. • 86% of kids buy one of the three most heavily advertised brands (Marlboro, Camel or Newport). • Kids are more likely to be influ- enced by tobacco advertising than by peer pressure. (The tobacco industry spends $5.2 billion every year in the US on advertising and promotion.) [Statistics above from Campaign for Tobacco Free Kids] This year's World. No Tobacco Day encourages our kids to kick the habit, with the theme — Get Ahead of the Crowd — Leave the Pack Behind! • • Restricting Tobacco Use in Parks One of the most important effects of restrictions on smoking in public places is the message to young people that nonsmoking is the norm in society. Young people are significantly Tess likely to take up smoking themselves if they experience restrictions on smoking in public places, schools and at home Smoke -free workplaces and public places are of significant help to (and popular with) smokers who are trying to quit. Over 70% of smokers want to quit and 50% have made a serious attempt to quit in the last five years Spending time in places where smoking is not permitted also helps to prevent relapse amongst smokers who have recently quit. For those people who continue to smoke, there is good evidence of a reduction in consumption 36 Chapman S, Borland R, Brownson R, Scollo M, Dominello A, Woodward 5 (1999). The impact of workplace smoking bans on declining cigarette consumption in Australia and the USA. Am J Public Health 1999; 89: 1018 -23. 37 Wakefield M, Chaloupka F, Kaufman N, Orleans T, Barker D, Ruel E (2000). Effect of restrictions on smoking at home, at school and in public places on teenage smoking: cross sectional study. BMJ 2000; 321: 333 -337. Rationale for smoke free policies Aside from the scientific evidence relating to the hazards to health associated with passive smoking, different considerations apply to five readily- defined sub - groups of non - smokers in the population: • Infants, children and adolescents: Smoke -free policies for public places of all kinds stand to have important indirect as well as direct benefits to the health of infants, children and adolescents. The direct benefits revolve mainly around considerations of respiratory health. While it is true that most passive smoking by infants and young children occurs in the home, environmental tobacco smoke is an important primary cause and also a trigger of asthma, the prevalence of which is now approaching 1 -in -5 among older children and adolescents. It is widely acknowledged a belief that tobacco smoke can trigger attacks of asthma may be sufficient to bring about just this consequence when passive exposure to environmental tobacco smoke occurs. The indirect benefits to young people's health associated with smoke -free policies relate to general reinforcement of the message that non - smoking is now the norm in the community as well as to the specific impact of such policies on the smoking behaviour of adults. Smoke -free policies reduce both the proportion of smokers among adults and the number of occasions on which continuing adult smokers light up. Thus, such policies reduce the number of occasions on which young people see adults smoking and, where their introduction prompts an adult in a young person's household to give up smoking permanently, may have a more immediate and personal effect on that young person through both a reduction in his or her own passive smoking and direct experience of a significant adult in his or her life adopting a non - smoking lifestyle. This further supports the message to children that smoking is harmful. • Women who are, or may be, pregnant: In the context of smoking in public places and workplaces, it is the potential for adverse effects in early pregnancy such as abnormal implantation of the fertilized egg leading to placenta praevia and the possibility of later life - threatening hemorrhage, miscarriages (spontaneous abortions) and possibly birth defects (teratogenesis) that are particularly important. • Adults with established respiratory or cardiac disease: Adults with established coronary disease experience reduced ability to exercise, earlier onset of chest pain during exercise and an increased risk of disruption of the electrical rhythm of the heart when exposed in a blind manner to levels of carbon monoxide that they might encounter in indoor environments in which smoking is permitted. • Healthy adults who are non- smokers: Smoke -free policies are clearly the most effective way of protecting the health of non - smokers from the hazards associated with passive smoking. • Healthy adults who are smokers: Smoke -free policies confer some benefit on the health even of healthy adults who continue to smoke. An important additional benefit to public health from smoke -free policies is that their introduction is followed by a decrease in the prevalence of smoking — the proportion of all individuals who smoke — and by a reduction in consumption by continuing smokers. Compliance, enforcement and support • Despite regular predictions to the contrary, once they are introduced, compliance with smoke -free policies is usually very high and the policies themselves extraordinarily popular. Moreover, not only do smoke -free policies rapidly become established as a new norm, their introduction itself results in a shift in public opinion that facilitates the extension of such policies into other settings. In addition, since many smokers would like to give up the habit and the majority have made at least one serious attempt to do so in the past, a large proportion view the introduction of smoke -free policies as a positive and supportive step, rather than as a negative and repressive one. • Once they are in place, smoke -free policies have a high level of support from both smokers and non - smokers. Those smokers who support smoke -free policies do so out of a mixture of concern about the harm that their behaviour may do to others and about the effect of their smoking on how others perceive them, and because they perceive smoke -free environments as supporting their own efforts to become smoke -free. This often comes as a surprise to employers and proprietors of venues to which the public has access but it is likely to be a significant factor contributing to high levels of acceptance of smoke -free policies and compliance with them. • • • • • Secondly, not only do smoke -free policies rapidly become established as a new norm, their introduction itself results in a shift in public opinion that facilitates the extension of such policies into other settings. The reasons are speculative, but there is probably a combination of the enjoyment by non - smokers and by some smokers of the reduction in pollution, a growth in the confidence of non - smokers in their rights to smoke -free air, and a process of learning by smokers that they can manage to negotiate increasing proportions of their waking lives without the chemical and social benefits that they believe their tobacco products confer. Source: Public Health Medicine, London, September 2001 Youth and Tobacco use Tobacco use is the single leading preventable cause of death in the United States, accounting for about 400,000 deaths each year. Approximately 80% of tobacco users initiate use before age 18 years. If the trend of early initiation of cigarette smoking continues, approximately 5 million children aged less than 18 who are living today will die prematurely because they began to smoke cigarettes during adolescence. • • 4 " • DRAFT Policy Request for the City of Stillwater As citizens of the City of Stillwater and members of the Stillwater Park and Recreation Board, we are asking the City Council to adopt a tobacco -free policy for the City's outdoor recreational facilities for the following reasons: ® Secondhand smoke is harmful in both indoor and outdoor settings. Exposure to secondhand smoke is the third leading cause of preventable death in the United States. • Children and adults using city recreational facilities should not be exposed to the deadly effects of secondhand smoke and cigarette butts that are often present in these areas. • The Stillwater City Council has a responsibility to protect the health and safety of our community's children and adults while they use the city's recreation facilities, and adopting a tobacco -free policy is part of this responsibility. By having policies, we can ensure that coaches, parents and other role models do not use tobacco in recreational settings, sending our children the message that tobacco use is an unhealthy behavior. Proposed Tobacco -Free Facilities All City -owned park property including all athletic fields, courts, playgrounds and rinks including: Pioneer Park, Lily Lake Park, Washington Park, Northland Park, Sunrise Park, Meadowlark Park, Ramsey -Grove Park, Staples Field, South Broadway - Triangle Park, Schulenberg Park, McKusick Park, Benson Park, and Anez Ridge Park. Proposed Policy Enforcement Plan In order to most effectively educate the community about this policy and ensure compliance, we suggest the following enforcement plan: 1. Appropriate signs as directed by the City Council shall be posted in the above - specified areas. 2. The community, especially facility users and staff, will be notified about this policy (policy manual, newsletter, pledges). 3. City staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy, may be subject to immediate ejection from • the recreation facility for the remainder of the event. • • } • • • r t� recycled paper October 21, 2003 Stillwater City Council City Hall 2lbN 4 St. Stillwater, 1V11\I 55082 1912 South Greeley Street Stillwater, Minnesota 55082 As a resident of the City of Stillwater that uses City recreational facilities, I support policies that create tobacco -free environments for the children to play in. I am also the director of Graffiti Teen Center and as such I feel it is essential to ban use of all tobacco products at the recreational and athletic facilities in our town in order to provide a healthy model for our youth. I do not allow tobacco use of any kind at Graffiti,. and I urge you to adopt a tobacco -free policy for all recreational facilities under the control of the city. * Children playing in and around City recreational facilities should not be forced to be ex to the deadly effects of secondhand smoke and the cigarette butts that are often present in these areas. * The Stillwater City Council has a responsibility to protect the 'health and safety of our community's children while they use the City's recreation facilities, and adopting a tobacco -free policy is part of this responsibility. * By having policies, we can ensure that coaches, parents and other role models do not use tobacco in recreational settings, which would send our children.the message that tobacco use is an unhealthy behavior. Sincerely, Ann Freitag, Executive Director, ) Graffiti Teen Center Larry D. Hansen City of Stillwater 216 N. Fourth St. Stilwater, MN 55082 Dear Mr. Hansen: October 21, 2003 My name is Kathleen Roach and I am a resident of Stillwater and wish to express my support for the tobacco -free recreational environment for our youth. By adopting a tobacco -free policy, the Park and Recreation Board will send a clear message that as a community, we care about the health and well -being of young people as well as the adults who attend their children's activities. It is important as a community, as a parent, as a coach, that we role model for our children so that they can make positive lifestyle decisions. Tobacco use not only exposes participants and spectators to the harmful effects of secondhand smoke, but it is a nuisance and safety concern. The litter caused by tobacco products diminishes the beauty of our recreational facilities and can also be accidentally ingested by young children. Tobacco use in these settings also sends negative messages to our youth that tobacco use is an acceptable behavior within our community. I wish to encourage you and the city council members to prohibit tobacco use at all city - owned public recreational facilities where children are present. I especially urge you to prohibit tobacco use at all youth athletic events, playgrounds, beaches, and other youth recreational facilities. Stillwater is a beautiful city and a wonderful place to live. It is also a haven for tourists from around the world. We should show the residents of our community and visitors to our picturesque town that we care about the health of our children and become leaders in reducing the harmful effects of tobacco use. Thank you for your consideration of the adoption of such a tobacco -free policy for our youth recreational facilities. Sincerely, //ti Kathleen J. Roach, MPH, MBA 908 5th St. S Stillwater, MN 55082 Concerned resident • • PSt‘' "qs>fe, c'et RAMSEY MEDICAL SOCIETY P.O. Box 131690 St. Paul, MN 55113 Phone 612- 362 -3704 Fax 612 - 623 - 2888. www.metrodoctors.com • • October 20, 2003 City Administrator Larry D. Hansen City of Stillwater 216 North Fourth Street Stillwater, MN 55082 lhansen(cvci.sti1lwater.mn.us Dear Mr. Hansen: 22 This letter is in support of the proposed policy in Stillwater for tobacco free youth recreation areas. The Ramsey Medical Society strongly favors eliminating secondhand smoke in public areas, particularly those where children and youth are exposed to it. Our young people benefit from the example of adults not smoking. Unfortunately, in Minnesota, including Washington County, about one -fourth of high school seniors are regular smokers even though it is illegal for them to purchase or consume tobacco products. The Ramsey Medical Society is the professional organization of physicians in Washington, Ramsey, and Eastern Dakota Counties. As the local affiliate of the Minnesota Medical Association, our members support clear and strong policies to eliminate secondhand smoke in public areas such as those devoted to recreation. We are therefore strongly in favor of the adoption of the proposed Tobacco Free Youth Recreation policy for Stillwater's City Parks and youth activities. We feel that this is the right thing to do because park and recreational areas are intended to promote the health of the community and environmental carcinogens in secondhand smoke should be eliminated from them. This policy will help coaches, parents, and other role models set expectations and reinforce that tobacco is not compatible with healthy recreation. Such a policy helps counter advertisements targeted to youth that insidiously connect tobacco and sports. By Stillwater creating tobacco -free spaces for its young people, the community will send the message that tobacco use is incompatible with health. Stillwater School District already prohibits tobacco at their outdoor facilities so this is a good way to show the city's support for those policies. Besides the health considerations, on a purely economic basis the litter caused by discarded non-biodegradable cigarette filters and packaging materials is an expensive nuisance and environmental detriment that costs Stillwater taxpayers money. Given these considerations, the physician members of the Ramsey Medical Society urge the passage of the policy for Tobacco Free Youth Recreation areas in Stillwater. Sincerely, T ' j Sincerely, er J. Da , .D. Rob oravec, resident -Elect Foundation President, Ramsey Medical Society protRct Our Ijouth I support the tobacco -free parks proposal and would like you to adopt a.tobaco:fr-ee Policy for Stillwater's city parks and playgrounds. Name Address Signature Date Name Address Signature Date e et l l©11� t ss6g to/ :::ii : iE3iiIt: iiii ittil: ii liiliiiiiiili suilihliiiiisi tit 3ii protect Our oath I support the tobacco -free parks proposal and would like you to adopt a tobacco free policy for Stillwater's city parks and playgrounds. STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 STILLWATER CITY COUNCIL CITY HALL 216N4THST STILLWATER, MN 55082 • i..l. ?.3i i.. S:x:i:I:l..l� .. is E= .• • • I support the tobacco-free Park.sproOOsal and would like you to adopt a tobiect:free.polky for Stillwater's city parks and playeOunds. Name Address Signature Date Name Address Signature Date &calk; Lo - w vil) I support the tobacco-free parks proposal and would like you to adopt a tobacco-free policy for Stillwater's city parks and playgrounds. ?ft teal t t ttf11 fir tt ! / STILLWATER CITY COUNCIL At/e/ , CITY HAL 216 N 41HST STILLWATER, MN 55082 III 1: V: 1 I it: III II STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free parks'proppsal . d would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date I support the tobacco -free parks proposal and would like you to adopt a tobacco -free polity for Stillwater's city parks and playgrounds. Name Address Signature 2167Cel ( G 1 (cf (1�LS Date • 44h VAbh 0,5190 atAsvez AV. IQ. A 3' Gob-67 G'Ko S, ✓� . • -03 Mal STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 PLEASE PLACE. ' STAMP HERE" STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free parks and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date Name Address Signature Date C-,hc r (¢.,o Lo ■ ke i Us c4717■ r 1! I ?!! ?i ! ! I!?! 1 ! I ! ?1 ?i ? !! !i l! ? 1 ?f!e!!et ?�!iE I support the tobacco -free plis. i o os.3l -and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. A in 1 ` i c ' O Co e: 64_,U U'i �. o • STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free parks proposal and would like you to adopt a tobacco -fr poliey'for Stillwater's city parks and playgrotrrrds. Name Address Signature Date Name Address Signature Date 549 /r ze4=0.- .ele I support the tobacco -free parks proposal and would like you to adopt a tobacco - free policy for Stillwater's city parks and playgrounds. ''' ..,,. 8e0 L) Icy Icoi N 4 }=< M rte i J nqK 7o/ ?' /03 STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 1, {,`s..l. {.I {...1.. {...1.i.i.. iii i 11111 ii i PLEASE PLACE STAMP' I 'HERE STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free parks proposal and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date `� 44 2 - 5 � �J- ZZ_ o:3 STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free parks proposal and would like you to adopt a„tobaccotfree policy for Stillwater's city parks and playgrounds. Name Address Signature Date k, °\fib �v� ! ?i! t11 i! ? !u1, ? f< 1 ! ! li !!hhh ;1!! El! 1!!!!hli �{tlYtl "' 6V YI rotRct a or O ou I support the tobacco -free parks proposal and'' would like you to adopt a tobacco -free polity for Stillwater's city parks and playgrounds.', Name Address Signature Date 10'". 3- 2ov3 STILLWATER CITY COUNCIL CITY HALL 216N4THST STILLWATER, MN 55082 PLEASE PLACE ; STAMP HERE' STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 1?1221212121122 ? 1221 ! 2 ? 11 2 !111212 ?112111211212111221121 I support the tobacco -free parks proposal and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date I support the tobacco -free parks proposal and ' would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date • PLEASE PLACE STAMP HERE STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 1 11: 1?? I! I! i;??= i?i(!??! i!!? 11 ?:i:l ?i ?!2?I ?1 ? i?{! STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 1 1 1 1 1 1 1 1 Ii? ? PLEASE PLACE STAMP HERE I support the tobacco -free par •p �6 .1..and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds: Name Address Signature Date Name Address Signature Date III Our 71€4 4 3 /1.11 <loc : I r y J 3 t } i j j _ J F :S!!!!!!l:1h nil fin 1!f!!!!I'1!!1!I F�!!IS!1!1;1! 11S 13f!!!1!! I support the tobacco -free parkkpc@pmsal,.and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Kilp 12 b'? k / 1 ! 7iP! I! hi: ill 1!SSS/(?i PLEASE PLACE STAMP a: ° H' EREI STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 I support the tobacco -free R ,lcs` -p op_b_Sat'and would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. Name Address Signature Date Name Address Signature Date II, pc(' tJ 4(16.e_.14--c STILLWATER CITY COUNCIL CITY HALL N 4TH ST TILLWATER, MN 55082 L v c,z ?) —05 I support the tobacco -free paaks'p posa1'and- would like you to adopt a tobacco -free policy for Stillwater's city parks and playgrounds. �VG ? ,f ._) C.''u 1 j 1 D) �5't C) — 2 — 05 I: III!! lS�! ll4i! IS! I ::: f: 1: 1: :r'1::1:!sl::f,:lei:i.. i.1 STILLWATER CITY COUNCIL CITY HALL 216 N 4TH ST STILLWATER, MN 55082 To: Mayor and City Council From: Steve Russell, Community Development Director f Date: September 24, 2003 Subject: Smoking Policy for City of Stillwater Parks Memo • Background. The Parks Board was approached by Patricia Galligher of Washington County health Department and Tobacco Free Future Coalition of Washington County requesting support for a policy banning smoking in all City of Stillwater Parks (see August 25, 2003 minutes attached). The Parks Board received, discussed and continued the request to their September meeting for additional consideration. Chairman Mike Polehna surveyed the City of Richfield and Burnsville regarding their no- smoking policy. Both communities prohibit smoking at park facilities during youth events. After discussion about a tobacco prohibition policy vs regulations, the board members felt that establishing a policy and signing facility with peer group enforcement was a reasonable approach. Policy "The City of Stillwater supports a Tobacco Free Policy in and around organized youth activities in City Parks" Parks with organized youth facilities include: Lily Lake, Northland, Staples Field, Sunrise, Stillwater Crossings, Settlers and Benson Parks. The Parks Board recommend adoption of the policy for city parks. Recommendation: Decision on policy • • Steve Russell From: Sent: • To: Subject: Importance: Grand Rapids policy.pdf Thanks much! Brittany Meyer Brittany Meyer [bhm @ansrmn.org] Tuesday, September 23, 2003 4:20 PM Steve Russell Tobacco -free policy High Hibbing policy.pdf Hi Steve, Brittany Meyer Program Director Tobacco -Free Youth Recreation I'm sorry I couldn't attend last night's Stillwater Park & Recreation , Board meeting. After speaking with Deb Campobasso this morning, she • indicated that the Board recommended that the City Council adopt a tobacco -free policy, but only during youth activities. Utilizing the policy development experiences I've had in nearly 30 other Minnesota cities, I'd like to propose a. different type of solution to the Board's and Council's concerns about prohibiting tobacco use all facilities, which is what the Tobacco -Free Futures Coalition had requested. Several Minnesota communities, including Hibbing and Grand Rapids, who eventually adopted tobacco -free policies felt the same way Stillwater policy makers do. They recognized the benefits of a tobacco -free policy, but were concerned about community response to prohibiting tobacco use on all park property. (Please note that 80% of Washington County adults do not smoke, and the Tobacco -Free Futures Coalition collected the support of many groups and individuals for prohibiting tobacco use on all park property). In cities such as Hibbing and Grand Rapids, they prohibited tobacco use all of the time at specific youth- focused facilities (playgrounds, skateparks, rinks, youth ball fields, beaches, and even some parks), and then prohibited tobacco use during youth events on all other park property. This seems to be a good compromise, and one that protects the health of children and promotes good role modeling much better than a policy that covers only youth events. They also used the 2 versions of our tobacco -free signs for , -each appropriate piece of property: "Tobacco Use Not Allowed During Youth Activities" and "Tobacco Use Not Allowed on This Park Property." A policy that covers youth events sends a confusing, mixed message. Isn't a playground used by youth all the time? Why not prohibit tobacco use there all the time? The same applies to other facilities primarily used by youth. I've attached the tobacco -free policies from Hibbing and Grand Rapids. I'd be happy to provide you with contact names from those communities if you'd like. Please let me know if you have questions. I'd be happy to speak with Stillwater City Council members on this issue as well. Sample City Park Policy: Grand Rapids, MN City of Grand Rapids Tobacco -Free Park Policy 1. Blandin Beach 2. Central School 3. Grussendorf Park 4. Lost Creek Park 5. Maplewood Park 6. McGowan Park 7. Oakland Park 8. Newton Sliding Hill 9. Willow Park 10. American Legion Baseball Field during youth activities 11. Grand Rapids Sports Complex during youth activities Policy Adoption Date: July 14, 2003 Policy Enforcement Plan No person shall use any form of tobacco at or on designated city -owned or operated recreational facilities, including the restrooms, spectator, and concession areas. These facilities include: In order to effectively educate the community and ensure compliance, we will implement the following plan: 1. Appropriate signs will be posted in the parks mentioned above. 2. The community, especially facility users and staff, will be notified about this policy. 3. Persons violating this policy may be asked to first refrain from using tobacco products; if they fail to do so they will be asked to leave the facility for the remainder of the event. • • • Sample City Park Policy: • • Tobacco -Free Facilities. No person shall use tobacco products on city -owned beaches, skating rinks, playgrounds and the Skateboard Park, including their spectator areas, concession stands, and restroom. Tobacco -Free During Youth Activities. No person shall use tobacco products on city - owned athletic play fields, including their spectator areas, restrooms and concession stands, while the fields are being used for organized youth athletic events. Policy Enforcement Plans. 1. Appropriate signs, as directed by the Park and Recreation Director, shall be posted in the above areas. 2. The community, especially facility!users and staff, will be notified about this policy. 3. Persons violating this policy would be asked to refrain from using tobacco for the remainder of the event. If the person refuses to refrain, he /she would then be asked to leave the recreation facility for the remainder of the event. Adoption Date: March 31, 2003 Hibbing, MN Hibbing's Park and Recreation Tobacco -Free Policy ir, 0 CO ` FUTU R ec, Coalition of Washington County A partnership of youth adults schoo /s health agencies community organizations government J We aim to reduce tobacco use and sure among youth Jshington County July 1 2003 Dear Mr. Russell: Mr. Steve Russell, Community Dev. Director City of Stillwater 216 North Fourth Street Stillwater, MN 55032 11949 62nd Street Mort► PO Box 380: Stillwater. Minnesota 08; 651 -4 5f_ Fax 651- 430 -673C cc: Park and Recreation Board Chairperson Polehna Mayor Jay Kimble Debi Campobassoy Youth Tobacco Prevention Coordinator Washington County Tobacco Free Future Coalition 1 am the Youth Tobacco Prevention Coordinator for the Washington County Tobacco Coalition. 1 manage part of a Tobacco Prevention grant eiven to Washington County Health Department and Lakeview Hospital. We are working with the state to reduce youth tobacco use by.30% by the year 2005, utilizing funds from the Minnesota Tobacco Endowment. On behalf of the youth in Washington County, the Coalition is requesting that your City consider adopting a tobacco -free policy for your parks and outdoor recreation facilities- The primary reasons for prohibiting tobacco in parks and outdoor recreation facilities are: to eliminate secondhand smoke exposure to your residents; reduce cigarette trash in your parks; promote tobacco -free role models for kids; create continuity between school and city facilities, which eliminates confusion about which facilities are tobacco free. We are prepared to assist you in any way we can to start Washington County on the road to a Tobacco Free Future- Passing a policy for tobacco use will make your community a healthier place to live and play now and in to the future. Remember 80% of adults are tobacco free. Please review the enclosed materials and let me know if we could give the Park and Recreation Board a presentation at an upcoming meeting, 430 -4775. Have a fabulous day, • • • - :ayIng Tobacco Free: Tobacco -Free Policies For Outdoor Recreation Fa " c�latie • Tobacco -free outdoor recreation facilities make sense Secondhand smoke harms everyone and kills thousands every year Exposure to secondhand smoke is the third leading cause of preventable death to the United States, killing approximately 53,000 people every year. • Secondhand smoke is harmful in outdoor settings. According to Repace Associates, secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted. • Tobacco free policies help change community norms. Tobacco -free policies establish the community norm that tobacco use is not an acceptable behavior for young people or adults within the entire community. Most Minnesota parents support tobacco free policies for outdoor playgrounds. A 1998 survey showed that 68% of Minnesota parents support smoking bans in outdoor playgrounds and 80% support a ban in all public places where children are present. •rh are tobacco -free policies for outdoor recreation facilities so important? • City-wide policies support groups that have existing policies when they are using city recreation facilities. • Since most school districts prohibit tobacco use in all their facilities, city-wide policies create ;:consistency for all youth recreational facilities in the community. • Cigarette butts cause litter, increase maintenance expenses, and p_•-,e the risk of ingestion by toddlers using recreation facilities. Creating tobacco -free environments protects the health, safety, and welfare of the community. Why are tobacco -free policies effective? • Policies reinforce to youth the message that tobacco use is unhealthy and unnecessary behavior. • Policies ensure that participants and spectators are not exposed to secondhand smoke. Policies create an environment where leaders can model and promote healthy lifestyle choices. The Tobacco - Free Youth Recreation Initiativ( Tobacco -Free Youth Recreation (TFYR) is Minnesota's statev recreation -based tobaccp prevention program that assists re, ational groups in modeling and promoting healthy tobacco -. lifestyles for young people who are involved in their progra TFYR offers assistance in tobacco -free policy developmen implementation and also develops materials that promote the tobacco -free sports message throughout Minnesota. Policy adoption assistance & FREE signs available through TFYR TFYR offers city park & recreation depai tments technical assistance in tobacco -free policy development. To help witt policy implementation, TFYR provides 12" x 18" metal blue white tobacco- free,sigris for FREE to cities that adopt comp hensive tobacco -free policies for their outdoor recreational facilities. To qualify for the signs, the tobacco -free policy must include: • A list of all the facilities it covers. • A statement that all forms of tobacco use are prohibited. • An enforcement plan that includes a) user and staff notification; and b) signage. Contact TFYR staff (see below) for policy adoption assistan Once a policy has been passed in your community, send a c of the policy and a completed sign order form to TFYR. Do load an order form from our web site at <www.ansrmn.org> Minnesota Cities with Tobacco -Free Outdoor Recreational Facilities • Aitkin • Aurora • Austin • Baxter • Biwabik • Bloomington • Brainerd • Breckenridge • Buhl • Cohasset 1 -7. 7 7•5777`? fi77 • Duluth • Eagan • Eden Prairie • Eveteth • Golden Valley • Grand Rapids • Hibbing • Hoyt Lakes • New Brighton • Owatonna Tobacco Use !e Liali:11 t 1 L " l t 1 o• This Park Property Rub no Tobacco -Free S 0 w • Richfield • Rochester • Roseville • Sarteti • Savage • Spicer • St. Cloud • St: Paul • Virginia • Willmar • Zimmerman Association for Nonsmokers-- Minnesot. 2395 University Ave. West, # 310 St. Paul, 'MN 55114 -1512 (651646 -3005; tfyr @ansrmn.org -0413 Tobacco -Free Outdoor Recreatio nai Facilities in Minnesota (Park Policies & City Ordinances) Additional V Savage 1. Aitkin, MN 9. Buhl, MN 17. Grand Rapids, MN 2. Aurora, MN 10. Cohasset, MN 18. Hibbing, MN 3. Austin, MN 11. Duluth, MN 19. Hoyt Lakes, MN 4. Baxter, MN 12. Eagan, MN 20. New Brighton, MN 5. Biwabik, MN 13. Eden Prairie, MN 21. Owatonna, MN 6. Bloomington, MN 14. Eveleth, MN 22. Richfield, MN 7. Brainerd, MN 15. Fayat Township, MN 23. Rochester, MN 8. Breckenridge, MN I6. Golden Valley, MN 24. Roseville, MN 25. St. Cloud, MN 26. St. Paul, MN 27. Sartell, MN 28. Spicer, MN 29. Virginia, MN 30. Willmar, MN 31. Zimmerman, MN • TOIX4CO - ss:s *h • Tobacco -free outdoor recreation facilities make sense • ridying I ObaCCO re Tobacco-Free Policies For Outdoor Recreation acilitie5 • Secondhand smoke harms el eri one and kills thousands every tear Exposure to secondhand smoke is the third leading cause of preventable death in the United States, killing approximately 53,000 people every year. • Secondhand smoke is harmful in outdoor settings. According to Repace .Associates, secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted. Tobacco -free policies help change community norms. Tobacco -free policies establish the community norm that tobacco use is not an acceptable behavior for young people or adults within the entire community. ,Most Minnesota parents support tobacco free policies for outdoor playgrounds A 1998 survey showed that 68% of Minnesota parents support smolcing bans in outdoor playgrounds and 80% support a ban in a1] public places where children are present. y are tobacco -free policies for outdoor recreation facilities so important? • City-wide policies support groups that have existing policies when they are using city recreation facilities. Since most school districts prohibit tobacco use in all their facilities, city-wide policies create consistency for all youth recreational facilities in -..the community. • Cigarette butts cause litter, increase maintenance expenses, and p-'se the risk of ingestion by toddlers using recreationiacilities. • Creating tobacco -free environments protects the health, safety, and welfare of the community. Why are tobacco -free policies effective? • Policies reinforce to youth the message that tobacco use is unhealthy and unnecessary behavior. • Policies ensure that participants and spectators are not exposed to secondhand smoke. • Policies create an environment where leaders can model and promote healthy lifestyle choices. The Tobacco -Free Youth Recreation Initiative Tobacco - Free Youth Recreation (TFYR) is Minnesota's statewi recreation -based tobacco prevenrion program that assists reel ational soups in mgdelino and promoting healthy tobacco -fr lifestyles for young people who are involved in their prooran TFYR offers assistance in tobacco -free policy development implementation and also develops materials that promote the tobacco -free sports message throughout Minnesota. Policy adoption assistance & FREE signs available through TFYR TFYR offers city park & recreation depai t,iients technical assistance in tobacco -free policy development. To help with policy implementation, TFYR provides 12"x 18" metal blue white tobacco -free signs. for FREE to cities that adopt compre hensive tobacco -free policies for their outdoor recreational facilities. To qualify for the signs. the tobacco -free policy must include: • A fist of all the facilities it covers. • A statement that all forms of tobacco use are prohibited. • An enforcement plan that includes a) user and staff notification; and b) signage. Contact TFYR staff (see below) for policy adoption assistance Once a policy has been passed in your community, send a cop: of the policy and a completed sign order form to TFYR. Down load an order form from our web site at <w\vw.ansrmn.org >_ Minnesota Cities with Tobacco -Free Outdoor Recreational Facilities • Aitkin • Aurora • Austin • Baxter • Biwabik • Bloomington • Brainerd • Breckenridge • Buhl • Cohasset • Duluth • Eagan • Eden Prairie • Eveleth • Golden Valley • Grand Rapids • Hibbing • Hoyt Lakes • New Brighton • Owatonna Tobecco Use Is I; I1ll1IEU',Thl On Thu, Park Property Mo. fte Tobacco -Free Si, • Richfield • Rochester • Roseville • Sartell • Savage • Spicer • St. Cloud • St. Paul • Virginia • Willmar • Zimmenndn Association for Nonsmokers -- Minnesota 2395 University Ave. West, # 310 St. Paul, MN 55114 -1512 AxiAcco (651) 646 -3005; tfyr @ansrmn.org Steve Russell From: Frank White [F Vh,te @c; „chf,eld rnn ; us Sent: Monday, September 01, 2003 1 50 PM �, To: 'Mike Polehna' Subject: RE Tabacco Free Parks Mike My guess is that the School District t i already h, ->> ��� _.ter � rea�,. has � �s as a policy. In Richfield Schocl ' istrict Build a r, .,!-1c (ball �ngs �::� ..:' �. 1 fields} were already "Tobacco Free ", it just seemed logical to me to add our facilities. Our community has accepted this policy without any difficulty. :^'e have not made it a City Ordinance at this time, so the Police do not enforce our Park Policy. However, we do have signs that state cur policy_ Because ca JS2 We feel that this is about il� "GUr youth" and what we model to them, our policy is that "while youth activities are in progress, you cannot use tobacco products it11211 twenty five 1CCl of our ball fields". This impact was better for us to begin with because of our y;ut_h. We haven't taken the next step to make the entire park system, tobacco free. This is working through peer pressure at our ball fields. People seem to understand the impact of not smoking in front of kids, now that we've made the policy. For me, simply .hat values are ..e teaching ,,u, kids"? Tr y r� S As administrators and protectors of the environment, we claim to have safe facilities for everyone_ We. claim the theory of "the benefits are endless "! M t i o., is, if buildings ld should d be smoke free My question we believe that our ul �1ngS Sllvuly c nc cc (tobacco free) then why wouldn't we go to the next step especially prohibiting the modeling of tobacco in front of our youth at our facilities. (=cod 1Lack cn your deci We need to do lunch sometime in the near future. Peace P.S. T r P If you 'eed any assistance with youth sports or the school district about presentations let me know. My web site is www.respectsports.com. I wrote an article in Recreation Management back in their January /February issue, it outlines my presentation. You can look at it on my web site or go to Recreation Management's magazine on line and check out their achieves. Original gina :ieSJO From: Mike Polehna rmailto: Mike .Polehna @co.washington.mn.us) Sent: Friday, August 29, 2003 3:43 PM To: rquale @ci.bloomington.mn.us; jeffm @ci owatonna.mn.us; fwhite@ci.richfield.mn. s Subject: Tabacco Free Parks Hi Guys, I'm putting on my City of Stillwater Parks Commissioner hat here. A our last meeting we were approached by the Assoc. for nonsmokers and the Wash. Co Public Health Dept. about making the city parks tabacco free. Steve Russell From: Skhspeed @aol com Sent: Thursday, September 04, 2003 7 53 PM To: Steve Russell Subject: Support letter from Sue Hedlund Dear Steve: 9/5/2003 I am writing to express my big support of a policy to make Stillwater parks tobacco -free. As a public health nurse, I think it is imperative to have a healthy community for children to grow up in and play in. The Park and Recreation Board can be leaders in the metro area and set a good example for other cities to follow. Reducing youth tobacco use requires everyone to do their part. The city can play a big role in reinforcing the message that tobacco use is unacceptable, especially for our children. This will support the school district, health care providers, and parents who are also giving that message to children. I frequent the parks in Stillwater and have become very dismayed about the litter I find, especially cigarette butts. This is not only a health concern, but this type of litter can be unsafe and hazardous to people and our environment. I don't believe enforcement of this policy will be an issue. People will police themselves and each other. The park signs will be effective. Stillwater was a leading city when it adopted one of the first -youth access to tobacco ordinances in the area. 1 encourage the Park and Recreation Board to support the tobacco -free park policy It will only make Stillwater a healthier place to live and play_ Sincerely, Sue Hedlund 2636 tnteriachen Drive Stillwater, MN 55082 651- 430 -3900 \\ea • • Sincerely, • September 3, 2003 Steve Russell Stillwater Park and Recreation Board 216 N. Fourth Street Stillwater MN 55082 Sharon Speich 1148 McKusick Rd Ln. N. Stillwater MN 55082 Dear Mr. Russell and Members of the Board: Please consider this a letter of support for the tobacco -free policy being explored by the Park and Recreation Board. Such a policy will provide a healthier environment for all citizens and sets a positive example for young people participating in recreational events. I encourage you to adopt a tobacco -free policy. Thank you for all your hard work on behalf of parks and recreation. September 15, 2003 Steve Russell, Community Development Director City of Stillwater 216 No. 4 St Stillwater, MiN 55082 Dear Mr. Russell, I am writing to ask you to support tobacco -free recreational environments for our city's children and teens. The Park and Recreation Board could send a clear message that we, as a community care about the health and welfare of our younger generation. What a positive image it would be for them to know that the city cares about them enough to adopt a tobacco -free policy. This image is an example for parents and other adults as well to be positive role - models for kids. Tobacco use not only exposes participants and spectators to the harmful effects of secondhand smoke, but it is also looks bad when littering our recreational areas. 1 encourage you to prohibit tobacco use at all city -owned public recreational facilities where children are present, especially at all youth athletic events, playgrounds, beaches and other facilities. Thank you for your time, and please consider adopting a tobacco -free policy for our city. Sin rely, Nancy Olel Life -long Stillwater citizen Y • • INDUSTRIAL tiL ORLEANS ON I )Ak •t�••�• HI b N D 00 Y ti R� ti A VN EY T. • AaF z rn ` Q Y; -.i q Z1 • ' 14 YRA/ j r OR. • .. T FEN L &- � • 'LL (,:7' <q 1, • ?r ,),..., «O • A•t1O0D! LA rA J4 HAN. ,BOTTAGE � .I L 3 GTON DR"i tidM \ tl'IVAUWAY Si 1 r 1 U1 U n m ' 'OREN AVE. N OSG00D N C i A ERGMANN DR dm. mow me. aorta TIM E .. aX1 1.10001.100004 mOK 4.6 QNVV553a HARF HARHIETSI. g AN rtt P A r PA RIS C y ' PAUL,�dAV. Z ? PEA CPN L OO K OUT TR. 7VE 7'1 •t 4 : ""- . 4. PEABODY AVE. N. 2 Z ,L.0 /t AVE. N. . ! _3rd J I S. I ST L ST STI ` e — M • O I 1 CA 7'C / l J y ' {1 W W tf/1J NNNNNNN 0.1 CO V Oh cm s. W N- j �jN -+9io - 0'i..n N — Ot000 V Of tlrA W N -+ O ' N ; to Z r�r la c. E: ;3 C rimoccnrC)m o D z w;cncn- mcoO r- p O -ID mmrn � r, p 27 m n n 0 z 6, 4 z 7cO �-<-� F. G) =r �vD = i"cm�c M n x z : 1 E: 8 c c i> rc- 73 rn C m )6 r -z ). n rn xr -� -omo cnmpo7 ►� �� �7t Wg '_'' OmoO� ' rfr V ) � " PO� � � 7c D�� 7c = "" 7CXbmmmI ao X X II , m � �� 7C O - i mo 3 = 7 �� ?! 3c1) D X Uf�� n X m � a< -� � n n> 4i 0 m = nom (n b 0 z rn rn D � rn 0 co ••.1 0Z< 2N m 70 D D Q f- = r2 7C 7 x T •C V n r r r 0 •••3 r ANNING orsitab..ame moo ono :! 0 .111011110 INNS I 1 0,4 n a A< Q44 8 Z 1 9 vLcry un. i • • • LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2003- 228 Alliance American Classic Homes Arch Wireless Barr Engineering Company Buberi Recycling & Compost Catco Coca Cola Cottagewood Partners County Materials Corp. Cub ERG ESS Brothers & Sons Flexible Pipe Tool Company Goodin Co. Greeder Electric H & L Mesabi Hi Tech Signs Iceman Industries Jenson, Anna Kath Fuel Oil Knauss, Chantell Lake Country Door Inc. Lansted Homes Legislative Associates Matthews Construction McCollister & Co. McLeodUSA Menards Napa Nardini Fire Equipment Nedegaard Construction Nutt Company Orrin Thompson Homes S & T Office Supplies Safe Assure St. Croix Boat & Packet St. Croix Rec. Co. Stillwater Fire Relief Association Stillwater Gazette Sun Turf T A Schifsky & Sons Inc. Todd Allen Homes Inc. Telemetry & Process Controls 10,000 Lakes Chapter Repair Infra Red Heaters Grading Escrow Refund Cell Phone SW Prison St Sewer Revision/Wall Repair Tree Stump Disposal Equipment Repair Supplies Concession Supplies Grading Escrow Refund Frame & Grate Gutter Inlet,Cover & Rings Maintenance Supplies St Sewer Excavation Soil Screening Manhole & Grate Corrugated Pipe Smith 85 Gallon Heater Replaced Time Clock Curb Runner Dasher Board Ads Treatment of Sodium Chloride Refund Learn to Skate Shop Supplies Reimburse Expenses Garage Door Repair Grading Escrow Refund Legislative Services Grading Escrow Refund Diesel Oils & Transdraulic Oils Telephone Timber & Screws, Number Signs Equipment Repair Supplies September Portables Maint. Grading Escrow Refund Equipment Repair Supplies Grading Escrow Refund Office Supplies Safety Training & Consultant 2003 -2004 Replace Door Lily Lake, Clean Up Picnic Tables 2003 State Fire Aid Publication Equipment Repair Supplies Asphalt Grading Escrow Refund Louver Add and Assembly Membership 858.50 21,000.00 30.26 9,209.11 222.50 26.45 12.40 1,500.00 1,242.00 62.05 7,445.00 2,182.19 1,128.90 5,617.88 116.00 1,819.51 420.00 12,922.61 65.00 220.31 50.65 583.00 3,000.00 2,916.67 1,500.00 1,272.53 175.92 784.87 116.53 117.90 1,500.00 491.59 3,000.00 153.91 6,675.00 715.00 3,527.01 126,454.00 48.36 64.29 185.98 18,000.00 494.34 50.00 EXHIBIT " A" TO RESOLUTION #2003- 228 Vermeer of MN Washington Cty Transportation & Physical Yocum Oil Zoller, Nick ADDENDUM TO BILLS Arch Wireless Aspen Mills AT & T Wireless Carquest Catco Cincotta, Kelly Cole Papers Comcast Corporate Express Cub Cummins Npower, LLC DARE America Merchandise Folz,Freeman, Erickson, Inc. Heritage Printing lnfratech Integra Telecom Internal Revenue Service J P Cooke Co. Kath Fuel Oil Linhoff, Thomas Magnuson Law Firm McDonald Construction Metro Fire Minnesota DARE Office Depot PC Solutions Qwest Quill Reed Business Information Ryland Homes Stillwater Gazette Streichers Walmart Washington County License Center Wrap & Ship Xcel Equipment Repair Supplies Traffic Services Fuel Benches McKusick Ravine 4th Qtr Pagers Uniforms Cell Phones Vehicle Repair Supplies Equipment Repair Supplies Grading Escrow Refund Janitorial Supplies Cable Office Supplies Cleaning Supplies Filter DARE Supplies Professional Service, North Hill Newsletter Remove Jetter Nozzle Telephone Payroll Taxes License Tags Fuel Reimburse Expenses Professional Service Grading Escrow Refund Equipment Workbooks Office Supplies Maintenance Agreement Telephone Office Supplies Publication Grading Escrow Refund Subscription Police Vest Supplies Transfer of Titles Freight Electricity,Gas Page 2 105.91 490.15 568.40 207.36 1,201.19 123.24 405.40 74.46 111.44 1,500.00 389.51 11.79 113.82 10.20 34.79 82.05 1,232.50 1,570.70 647.50 916.27 100.30 62.01 35.57 591.98 8,240.83 25,500.00 44.90 445.00 435.74 143.00 222.76 145.82 114.66 19,000.00 299.58 779.95 81.97 25.00 19.61 11,274.57 • • TOTAL 315,338.15 • • • EXHIBIT " A" TO RESOLUTION #2003- 228 Page 3 Adopted by the City Council this 28th Day of October, 2003 • • • LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2003- 228 Alliance American Classic Homes Arch Wireless Barr Engineering Company Buberl Recycling & Compost Catco Century Power Equipment Coca Cola Cottagewood Partners County Materials Corp. Cub ERG ESS Brothers & Sons Flexible Pipe Tool Company Goodin Co. Greeder Electric H & L Mesabi Hi Tech Signs Iceman Industries Jenson, Anna Kath Fuel Oil Knauss, Chantell Lake Country Door Inc. Lansted Homes Legislative Associates Matthews Construction McCollister & Co. McDonald Homes McDonald Homes Building Coll. McLeodUSA Menards Napa Nardini Fire Equipment Nedegaard Construction Nutt Company Orrin Thompson Homes S & T Office Supplies Safe Assure St. Croix Boat & Packet St. Croix Rec. Co. Stillwater Fire Relief Association Stillwater Gazette Sun Turf T A Schifsky & Sons Inc. Repair Infra Red Heaters Grading Escrow Refund Cell Phone SW Prison St Sewer Revision/Wall Repair Tree Stump Disposal Equipment Repair Supplies Equipment Repair Supplies Concession Supplies Grading Escrow Refund Frame & Grate Gutter lnlet,Cover & Rings Maintenance Supplies St Sewer Excavation Soil Screening Manhole & Grate Corrugated Pipe Smith 85 Gallon Heater Replaced Time Clock Curb Runner Dasher Board Ads Treatment of Sodium Chloride Refund Learn to Skate Shop Supplies Reimburse Expenses Garage Door Repair Grading Escrow Refund Legislative Services Grading Escrow Refund Diesel Oils & Transdraulic Oils Grading Escrow Refund Grading Escrow Refund Telephone Timber & Screws, Number Signs Equipment Repair Supplies September Portables Maint. Grading Escrow Refund Equipment Repair Supplies Grading Escrow Refund Office Supplies Safety Training & Consultant 2003 -2004 Replace Door Lily Lake, Clean Up Picnic Tables 2003 State Fire Aid Publication Equipment Repair Supplies Asphalt 858.50 21,000.00 30.26 9,209.11 222.50 26.45 47.02 172.40 1,500.00 1,242.00 62.05 7,445.00 2,182.19 1,128.90 5,617.88 116.00 1,819.51 420.00 12,922.61 65.00 220.31 50.65 583.00 3,000.00 2,916.67 1,500.00 1,272.53 1,500.00 16,500.00 175.92 784.87 116.53 117.90 1,500.00 491.59 3,000.00 153.91 6,675.00 715.00 3,527.01 126,454.00 48.36 64.29 185.98 EXHIBIT " A" TO RESOLUTION #2003- 228 Page 2 Telemetry & Process Controls 10,000 Lakes Chapter Vermeer of MN Washington Cty Transportation & Physical Yocum Oil Zoller, Nick Adopted by the City Council this 28th Day of October, 2003 Louver Add and Assembly Membership Equipment Repair Supplies Traffic Services Fuel Benches McKusick Ravine 494.34 50.00 105.91 490.15 568.40 207.36 • • • REAPPORTIONING SPECIAL ASSESSMENTS FOR SUBDIVISION OF 402 SOUTH MAIN & 207 EAST NELSON PURSUANT TO SUBDIVISION OF LAND WHEREAS, the City Council of the City of Stillwater has adopted assessments for Local Improvements No. 257 and 341; and WHEREAS, the property owner numbered has requested and received approval by the City Council for a subdivision of the parcels of land; and WHEREAS, it is the policy of the City of Stillwater to reapportion assessments for parcels that receive approval for subdivisions; and WHEREAS, the dollar amount of the special assessments outstanding for the parcels are as follows: 2003 OLD GEO CODE BALANCE LI 257 28.030.20.41.0072 28.030.20.41.0073 0 28.030.20.41.0074 28.030.20.41.0127 28.030.20.44.0018 28.030.20.44.0094 LI 341 28.030.20.41.0072 28.030.20.41.0073 28.030.20.41.0074 28.030.20.41.0127 28.030.20.44.0018 28.030.20.44.0094 $1,224.12 $342.56 $5,286.89 $0.00 $0.00 $0.00 $6,853.57 $2,412.34 $1,482.24 $0.00 $0.00 $0.00 $0.00 $3,894.58 RESOLUTION 2003 -229 B1/L1 B1 /L2 B1 /L3 B1/L4 B1/L5 B1/L6 61/L7 B1/L8 B1/L9 B1 /L10 NEW GEO CODES Lot/Block LI 257 28.030.20.41.0132 28.030.20.41.0133 28.030.20.41.0134 28.030.20.44.0095 28.030.20.44.0096 28.030.20.41.0135 28.030.20.41.0136 28.030.20.41.0137 28.030.20.41.0138 28.030.20.41.0139 Lot/Block LI 341 61/L1 28.030.20.41.0132 61/L2 28.030.20.41.0133 61/L3 28.030.20.41.0134 61/L4 28.030.20.44.0095 61/L5 28.030.20.44.0096 B1 /L6 28.030.20.41.0135 61/L7 28.030.20.41.0136 61/L8 28.030.20.41.0137 61/L9 28.030.20.41.0138 B1 /L10 28.030.20.41.0139 2004 CERTIFY $685.36 $685.36 $685.36 $685.36 $685.36 $685.36 $685.36 $685.36 $685.36 $685.33 $6,853.57 $389.46 $389.46 $389.46 $389.46 $389.46 $389.46 $389.46 $389.46 $389.46 $389.44 $3,894.58 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater reapportions those special assessments as outlined above. Adopted by City Council this 28th day of October , 2003. Attest: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • 2. ORGANIZATION ADDRESS 16I 1.4j- T H E B I R T H P L A C E O F M I N N E S O T A REQUEST FOR INSTALLATION OF BANNER 1. APPLICANT _ °� / 7?--era i ( 4. ACTIVITY BEI J G PROMOTED BY PROPOSED BANNERS: /7. 7 )_ 5. BANNER LOCATION REQUESTED: 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 DATES TO BE DISPLAYED: ( 9 16V- / � 3 , 3 Address TM Phone ‘9'z-/7- g burhAA./5e--1 (xcLif-cc_ s-s-7/ o FOR OFFICE USE ONLY ❑ City Date: 0 MnDOT . Date: Installer verification Date: (Required for Main Street Locations) BANNER REQUIREMENTS ATTACHED TELEPHONE q3(-) - 33 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121 • • • TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 28, 2003 RE: Old Athletic Field MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641, DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM The old athletic field, legally described as Blocks 6 and 7 of Hersey, Staples & Co.'s Addition is one of Stillwater's heirlooms. Concern over the future of this site prompted the City Council to ask for my legal opinion regarding its ownership and control. A search of title records at the County Recorder's office revealed that legal title is vested in the "Stillwater School District, a corporation of Washington County." Records reveal the land was purchased by Stillwater School District in 1927 from the heirs of Isaac Staple. Since the Stillwater School District does not now exist, we looked past the record title. Some history is relevant. We now take for granted a local school system known as Independent School District 834. It is a formidable institution with buildings and playing fields with a curriculum controlled, to a large extent, by the State Department of Education. Just 150 years ago things were much different. The historian, William W. Folwell, wrote: "A study of the subject of state supervision of schools in the early years of statehood leaves the impression that for a long time the people of Minnesota wanted as little of it as possible and that they later grudgingly tolerated its expansion as school funds requiring guardianship increased. In 1849 the Minnesota Territorial Legislature passed the first law dealing with education. The law created a school district in each urban area and one district for each township in the entire territory that contained more than five families. Stillwater was organized in 1850 as District No. 1, however by 1851 there were only three schools in all of Minnesota that enrolled a total of 250 kids. The first state law concerning Stillwater Schools entitled "An act for the establishment and better regulation of the common schools in the City of Stillwater" was enacted on February 28, 1863. This act was later amended by a law enacted February 14, 1887 as Chapter 82 of the Special Laws of Minnesota, 1887. These legislative acts created a school board and provided for its election, authorized the school system to function separately from city and county government. The law provided that in the name of the "Stillwater School District" it may make contracts, sue and be sued and, important for our purposes, "the District may hold title of all lands held or hereafter acquired for school district purposes. "3 The law gave authority to the District to control and manage schools, but only those schools within the Stillwater City limits. Since the Stillwater School District was created by this special state law, it was defined as "Special School District." This special law controlled the operation of Stillwater Schools for the next 100 years. As the population of the state grew, however, it became difficult for the state to deal with the large number of districts. By 1900 there were about 8,000 school districts in the state and laws were passed in 1902, 1903 and 1905 enabling some 2 • • • • • • school districts to merge although few did so until after 1947. In that year, there were still 7,679 districts. In 1947 a new and better reorganization and consolidation law was enacted by the state and the school districts in Washington County began a process that lead to a consolidation vote that took place in August 1953. The vote of the people was in favor of consolidation in every district. What had been 24 separate school districts from Marine to Afton, Withrow to Lake Elmo, became one district known as "Independent School District 834. " The Stillwater School District, however, was the lawful school district when it purchased the old athletic field from the heirs of Isaac Staples in 1927. How was real estate and buildings owned by the various districts treated in consolidation when, upon passage of the vote, the old districts were dissolved by law? The drafters of the school reorganization act of 1947 foresaw that questions regarding the authority of new independent school districts would abound. A section of that law provided: "122.59 RIGHTS AND POWERS OF CONVERTED DISTRICTS. An independent school district which succeeds a special school district shall exercise all the governmental rights and powers of an independent school district, including the right to sell and convey over all property controlled by the special school district which it succeeds, including all public property within the district acquired for or dedicated to school use whether title is held in the name of the special school district or not. These rights and powers shall extend to all taxes levied for school purposes in the district, and all funds appropriated or dedicated for school use in the calendar year 1949. " (Emphasis added.) This law was amended several times and eventually repealed by the comprehension law detailing the powers of Independent School Districts. The latest law change that deals with the power and authority of Independent School District is Minn. Stat. §123B.51. That law now provides that independent school districts may buy sites for school use and if 3 2 3 necessary can use the power of eminent domain. The school board also "may sell or exchange school houses and sites and execute deeds of conveyance therefore." Aside from some restrictions in the law that restrain use of the proceeds of a sale to capital expenditure purposes, the school district is free to sell this Stillwater heirloom. On a more positive note, state law allows the school board to sell land through negotiation without advertising for bids; and to sell land on payments with the purchase price secured by purchased money mortgage, or through a contract for deed. One last thought. The question of basic fairness must be reviewed as well as the legality of a sale of this property by the school board. This issue was discussed in depth in a study of the potential for reorganization that was done before the reorganization vote of 1953. This document was the source of trusted information that recommended consolidation. ... the high school buildings in Stillwater have been used by pupils from the whole area for some time, but they have been paid for by the residents of Stillwater only. There will be a need for more classrooms in the future in Stillwater —for pupils form Stillwater and the surrounding districts —both in the elementary and secondary grades. If the area were to become one district, the costs of the building program in the whole district would be borne by all the area and not just by the district in which the buildings are located. "" It follows that since 1953 the site has been maintained at the expense of all taxpayers in Independent School District 834, perhaps it is only fair that the City make at least some payment to the District for this property. DTM /nm William Watts Folwell, A History of Minnesota, (St. Paul: Minnesota Historical Society, 1930) Volume 4, p. 139. Theodore C. Blegen, Minnesota, A History of the State, (Minneapolis: University of Minnesota Press, 1963) p. 183. Special Laws of Minnesota, 1887, Chapter 82. 4 • • • • 4 6 a 9 I0 n A History of the State Department of Education in Minnesota, (St. Paul: State Department of Education, 1965) p. 10. Laws of Minnesota, 1947, Chapter 421. Laws of Minnesota, 1949, Chapter 716, §2. §122.59 was repealed by Laws 1959, Ex. Secs. C. 71, article 8, §26; which was repealed by Laws 1978, c. 706, §69 and ultimately recodified by Laws 1998, c. 397, which includes the restatement of Minn. Stat. §123B.51, which is now in effect. Op.Atty.Gen., 622j -3, September 20, 1961. Op.Atty.Gen., 622i -8, September 9,1983. Op.Atty.Gen., 622i -7, January 31, 1967. School Building Survey of the Districts of the Stillwater Area, Bureau of Field Studies and Surveys, College of Education, University of Minnesota, March 1952, p. 166. Note: Special Thanks to Dan Parker, Assistant Superintendent ISD 834, and Lois Pirsig, Historian, Minnesota Department of Education, for providing helpful documents and information. • • • and the following were absent: adoption: 1581101v3 Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota ial281a3 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the 28th day of October, 2003, at P.M. The following members were present: Member introduced the following resolution and moved its RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • RESOLUTION NO. 2003- RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 BE IT RESOLVED BY the City Council ( "Council ") of the City of Stillwater, Minnesota (the "City ") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. I (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124 - 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174- 469.179, as amended (the "Tax Increment Act "), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District and the Development District. Pursuant to Minnesota Statutes, Section 469.176, the City is authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby finds and determines that it is in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 in an original principal amount not to exceed $3,500,000 (the "Note "), for the purpose of financing certain capital and administration costs of the TIF District. 1.02. Issuance, Sale, and Terms of the Note. The Note is issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer ") dated August 19, 2003 (the "Agreement "). The Developer has retained Dougherty & Company LLC (the "Placement Agent ") to arrange the sale of the Note. The City hereby authorizes issuance of the Note in accordance with terms set forth in this Resolution to the purchaser designated by Placement Agent, at a price of par. The Note shall be dated as of the date of delivery thereof and shall bear interest at a rate not to exceed 6% per annum to maturity. The Note shall be payable in semi- annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates ") to be negotiated by the Placement Agent, the Developer and the City Administrator - Treasurer and set forth in the final form of the Note. Section 2. Form of Note. The Note shall be in substantially the following form, with • the blanks to be properly filled in as of the date of issue: 1581101v3 1 • • • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No. R- $3,500,000 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003 Date of Original Interest Rate Maturity Date Issue February 1, 2030 November , 2003 Registered Owner: The City of Stillwater, Minnesota (the "City "), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner "), but solely from the Available Tax Increments (defined below) the principal sum of $3,500,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date of Original Issue set forth above, to but not including, August 1, 2008, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2004 and each August 1 and February 1 thereafter (the "Payment Dates "). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 6 of this Note. In the event the Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section 8 hereof; or (c) February 1, 2030. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 1581101v3 2 • • • 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par in accordance with the terms of the Remarketing Agreement, dated as of November 1, 2003 (the "Remarketing Agreement "), between, the City, the Developer, and Dougherty & Company LLC (the "Remarketing Agent" and the "Tender Agent "). 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from the Available Tax Increment (defined below) together with the portion of the proceeds of the Note deposited in the Debt Service Fund as capitalized interest in an amount which will be sufficient to pay all interest due from the original date of issue through the February 1, 2005 Payment Date and a portion of the interest due on the August 1, 2005 and February 1, 2006 Payment Dates. As defined in the Contract For Private Redevelopment, dated as of August 19, 2003 (the "Agreement ") between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer "), the term "Available Tax Increment" means, on each Payment Date, 95% of the tax increment actually received in the six months preceding each Payment Date from the property legally described in Exhibit A hereto (the "Redevelopment Property "), and received by the City in the six months preceding the Payment Date. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of the Available Tax Increment and capitalized interest. If on any Payment Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to make the payment due on that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on any subsequent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2008 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date "). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price "). 158H01v3 3 • • The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGISTERED OWNER OF THIS NOTE TO DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DATE, THE REGISTERED OWNER SHALL NOT BE ENTITLED TO PAYMENT OF INTEREST TO ACCRUE SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGISTERED OWNER OF THIS NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the tetins of the Remarketing Agreement and from the Available Tax Increment. 5. Mandatory Redemption of Note. This Note maturing on February 1, 2030, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: (The remainder of this page is intentionally left blank.) 1581101v3 4 Redemption Date Principal Amount Redemption Date Principal Amount • February 1, 2030* 8. Nature of Obligation. This Note was issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by the City on October 28, 2003 and pursuant to and * Maturity 6. Optional Redemption of Note. This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100 %) of the principal amount thereof to be redeemed plus interest accrued, to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date on or after August 1, 2004 from the Available Tax Increment in excess of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) on any date on or after August 1, 2004, from the proceeds of any refunding obligation of the City. 7. Termination. Except as otherwise provided in Section 10.2.6 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 10.1 of the Agreement. 1581101v3 5 in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. • • 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred, nor may a participation interest in this Note be given pursuant to any participation agreement, to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor or transferee, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) 1581101v3 6 • • IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Original Issue specified above. City Clerk Mayor AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Signature of City Clerk Tax I.D. No. 1581101 v3 7 , Minnesota III (The remainder of this page is intentionally left blank.) Exhibit A Legal Description of Redevelopment Property • • Lot One, Block One, Lot One, Block Two, Lot Three, Block Two, Terra Springs according to the plat thereof, Washington County, Minnesota. 1581101 v3 8 • • • Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a typewritten note numbered R -1 in an amount not to exceed $3,500,000, the actual amount to be dete„nined by the Placement Agent, the Developer and the City Administrator - Treasurer and set forth in the final form of the Note. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and 1581101v3 9 • effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. • • (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named' as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Amendments. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution (the "Resolution ") as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this Resolution, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rate on the Note, the teens of redemption of the Note, and variation from City policies regarding methods of offering tax increment notes) as the Mayor and the City Administrator, in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note by the City shall be conclusive evidence of such determination. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note certificates need not be signed by the same representative. The executed certificate of authentication on each Note shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Note has been so executed and authenticated, it shall be delivered by the City Clerk to the Owner upon payment of the purchase price therefor, and the Owner shall not be obligated to see to the 1581101v3 10 • application of the purchase price. Upon delivery, any preconditions to the delivery of the Note shall be deemed satisfied or waived by the City. • • Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be deposited in the Debt Service Fund in accordance with Section 4.03 hereof and applied to payment of the principal of, interest on and redemption price of the Note in accordance with the terms of the form of Note set forth in Section 2 of this Resolution. 4.02. Project Fund. There is hereby created a special fund designated as the Taxable Tax Increment Note (Territorial Springs, LLC Project) Series 2003 Project Fund (the "Project Fund "), to be held and administered by the City separate and apart from all other funds of the City. The City appropriates the proceeds of the sale of the Note to the Project Fund except capitalized interest in an amount to be determined by the City Administrator, the Developer, and the Remarketing Agent, which shall be deposited in the Debt Service Fund. The funds in the Project Fund will be used to pay or reimburse the Developer for a portion of the cost of the property legally described in Exhibit A to the Note (the "Redevelopment Property ") and the costs of the Site Improvements (defined in the Agreement) incurred in connection with the projects on the Redevelopment Property in accordance with the Agreement and to pay costs of issuance of the Note. All income received from investment of amounts on deposit in the Project Fund shall be credited to the Debt Service Fund. Any balance of the proceeds of the Note remaining in the Project Fund after disbursements described herein shall be credited and paid to the Debt Service Fund. 4.03. Debt Service Fund. So long as the Note is outstanding and any principal thereof or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project) Series 2003 Debt Service Fund (the "Debt Service Fund ") to be used for no purpose other than the payment of the principal of and interest on the Note. The City appropriates and irrevocably pledges to the Debt Service Fund: (a) capitalized interest from proceeds of the Note in an amount to be determined by the City Administrator, the Developer, and the Remarketing Agent; (b) Available Tax Increment pledged pursuant to Section 4.01 of this Resolution; (c) all funds remaining in the Project Fund after disbursements in accordance with Section 4.02 of this Resolution; and (d) all investment earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of and interest on the Note. On August 1, 2004 (and on each Payment Date thereafter) the City may (and if funds on deposit in the Debt Service Fund are in an amount of $20,000 or more, the City shall) prepay the Note in the amount of Available Tax Increment on deposit in the Debt Service Fund in excess of the amount applied to the payment of regularly scheduled principal of and interest on the Note on such Payment Date. 4.04. Investment of Funds. All amounts held in the Project Fund and Debt Service Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. 1581101v3 11 • • Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Registered Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 6. Continuing Disclosure. The continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule ") do not apply to the Note, because the offering is exempt from such requirements under Section 15c2- 12(d)(1)(i). Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Note. Section 7. Approval of Remarketing Agreement. The City Council hereby approves and authorizes the Mayor and City Clerk to execute and deliver the Remarketing Agreement, with such additions to or deletions from the form presented to the City Council as the Mayor and the City Administrator, in their discretion, shall deem appropriate or necessary. The execution of the Remarketing Agreement by the Mayor and the City Clerk and the delivery of the Remarketing Agreement by the City shall be conclusive evidence of such determination. Section 8. Effective Date. This Resolution shall take effect and be in force from and after its approval and publication. 158110Iv3 (The remainder of this page is intentionally left blank.) 12 • • • ATTEST: City Clerk 1581101v3 Adopted this 28 day of October, 2003. Mayor 13 • • • and the following were absent: adoption: 15811012 Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the 28th day of October, 2003, at P.M. The following members were present: Member introduced the following resolution and moved its RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2003- RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 BE IT RESOLVED BY the City Council ( "Council ") of the City of Stillwater, Minnesota (the "City ") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124- 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174- 469.179, as amended (the "Tax Increment Act "), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District and the Development District. Pursuant to Minnesota Statutes, Section 469.176, the City is authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby finds and determines that it is in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 in an original principal amount not to exceed $3,500,000 (the "Note "), for the purpose of financing certain capital and administration costs of the TIF District. 1.02. Issuance, Sale, and Terms of the Note. The Note is issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer") dated August 19, 2003 (the "Agreement "). The Developer has retained Dougherty & Company LLC (the "Placement Agent ") to arrange the sale of the Note. The City hereby authorizes issuance of the Note in accordance with terms set forth in this Resolution to the purchaser designated by Placement Agent, at a price of par. The Note shall be dated as of the date of delivery thereof and shall bear interest at a rate not to exceed 6% per annum to maturity. The Note shall be payable in semi- annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates ") to be negotiated by the Placement Agent, the Developer and the City Administrator- Treasurer and set forth in the final form of the Note. Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in as of the date of issue: 1581101v2 1 • • • • • • (The remainder of this page is intentionally left blank.) 1581101v2 2 No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003 $3,500,000 Date of Original Interest Rate Maturity Date Issue February 1, 2030 November , 2003 Registered Owner: The City of Stillwater, Minnesota (the "City "), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner "), but solely from the Available Tax Increments (defined below) the principal sum of $3,500,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date of Original Issue set forth above, to but not including, August 1, 2008, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2004 and each August 1 and February 1 thereafter (the "Payment Dates "). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 6 of this Note. In the event the Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section 8 hereof; or (c) February 1, 2030. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 158!101v2 3 • • • • • 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par in accordance with the terms of the Remarketing Agreement, dated as of November 1, 2003 (the "Remarketing Agreement "), between, the City, the Developer, and Dougherty & Company LLC (the "Remarketing Agent" and the "Tender Agent "). 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from the Available Tax Increment (defined below) together with the portion of the proceeds of the Note deposited in the Debt Service Fund as capitalized interest in an amount which will be sufficient to pay all interest due from the original date of issue through the February 1, 2005 Payment Date and a portion of the interest due on the August 1, 2005 and February 1, 2006 Payment Dates. As defined in the Contract For Private Redevelopment, dated as of August 19, 2003 (the "Agreement ") between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer "), the term "Available Tax Increment" means, on each Payment Date, 95% of the tax increment actually received in the six months preceding each Payment Date from the property legally described in Exhibit A hereto (the "Redevelopment Property "), and received by the City in the six months preceding the Payment Date. In the case of certain Events of Default under Section 10.1 of the Agreement, the City may suspend or terminate its obligation to pay Available Tax Increment in accordance with Section 10.2 of the Agreement, which is incorporated herein by reference. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of the Available Tax Increment and capitalized interest. If on any Payment Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to make the payment due on that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on any subsequent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2008 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date "). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price "). 1581101v2 4 The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGISTERED OWNER OF THIS NOTE TO DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DATE, THE REGISTERED OWNER SHALL NOT BE ENTITLED TO PAYMENT OF INTEREST TO ACCRUE SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGISTERED OWNER OF THIS NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the terms of the Remarketing Agreement and from the Available Tax Increment. 5. Mandatory Redemption of Note. This Note maturing on February 1, 2030, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: (The remainder of this page is intentionally let blank.) 1581101v2 5 • • • Redemption Date Principal Amount Redemption Date Principal Amount • February 1, 2030* 6. Optional Redemption of Note. This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100 %) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date on or after August 1, 2004 from the Available Tax Increment in excess of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) on any date on or after August 1, 2004, from the proceeds of any refunding obligation of the City. 7. Termination. Except as otherwise provided in Section 10.2.6 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 10.1 of the Agreement. 8. Nature of Obligation. This Note was issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by the City on October 28, 2003 and pursuant to and * Maturity 1581]01v2 6 in full confornnity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred, nor may a participation interest in this Note be given pursuant to any participation agreement, to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor or transferee, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) 1581101v2 7 • • • IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Original Issue specified above. City Clerk Mayor This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration AUTHENTICATION AND REGISTRATION PROVISIONS Registered Owner Signature of City Clerk Tax I.D. No. (The remainder of this page is intentionally left blank.) 1581101v2 8 , Minnesota Exhibit A Legal Description of Redevelopment Property Lot One, Block One, Lot One, Block Two, Lot Three, Block Two, Terra Springs according to the plat thereof, Washington County, Minnesota. 1581101v2 9 • • Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a typewritten note numbered R-I in an amount not to exceed $3,500,000, the actual amount to be determined by the Placement Agent, the Developer and the City Administrator - Treasurer and set forth in the final form of the Note. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates: Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) 'Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improver or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and 15811012 10 effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Amendments. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution (the "Resolution ") as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this Resolution, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rate on the Note, the terms of redemption of the Note, and variation from City policies regarding methods of offering tax increment notes) as the Mayor and the City Administrator, in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note by the City shall be conclusive evidence of such determination. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note certificates need not be signed by the same representative. The executed certificate of authentication on each Note shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Note has been so executed and authenticated; it shall be delivered by the City Clerk to the Owner upon 1581101v2 11 • • payment of the purchase price therefor, and the Owner shall not be obligated to see to the application of the purchase price. • • Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be deposited in the Debt Service Fund in accordance with Section 4.03 hereof and applied to payment of the principal of, interest on and redemption price of the Note in accordance with the terms of the form of Note set forth in Section 2 of this Resolution. 4.02. Project Fund. There is hereby created a special fund designated as the Taxable Tax Increment Note (Territorial Springs, LLC Project) Series 2003 Project Fund (the "Project Fund "), to be held and administered by the City separate and apart from all other funds of the City. The City appropriates the proceeds of the sale of the Note to the Project Fund except capitalized interest in an amount to be determined by the City Administrator, the Developer, and the Remarketing Agent, which shall be deposited in the Debt Service Fund. The funds in the Project Fund will be used to pay or reimburse the Developer for a portion of the cost of the property legally described in Exhibit A to the Note (the "Redevelopment Property ") and the costs of the Site Improvements (defined in the Agreement) incurred in connection with the projects on the Redevelopment Property in accordance with the Agreement and to pay costs of issuance of the Note. All income received from investment of amounts on deposit in the Project Fund shall be credited to the Debt Service Fund. Any balance of the proceeds of the Note remaining in the Project Fund after disbursements described herein shall' be credited and paid to the Debt Service Fund. 4.03. Debt Service Fund. So long as the Note is outstanding and any principal thereof or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project) Series 2003 Debt Service Fund (the "Debt Service Fund ") to be used for no purpose other than the payment of the principal of and interest on the Note. The City appropriates and irrevocably pledges to the Debt Service Fund: (a) capitalized interest from proceeds of the Note in an amount to be determined by the City Administrator, the Developer, and the Remarketing Agent; (b) Available Tax Increment pledged pursuant to Section 4.01 of this Resolution; (c) all funds remaining in the Project Fund after disbursements in accordance with Section 4.02 of this Resolution; and (d) all investment earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of and interest on the Note. On August 1, 2004 (and on each Payment Date thereafter) if funds on deposit in the Debt Service Fund are in a minimum amount of $20,000, the City shall prepay the Note in the amount of Available Tax Increment on deposit in the Debt Service Fund in excess of the amount applied to the payment of regularly scheduled principal of and interest on the Note on such Payment Date. 4.04. Investment of Funds. All amounts held in the Project Fund and Debt Service Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. 1581101v2 12 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Registered Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 6. Continuing Disclosure. The continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule") do not apply to the Note, because the offering is exempt from such requirements under Section 15c2- 12(d)(1)(i). Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Note. Section 7. Approval of Remarketing Agreement. The City Council hereby approves and authorizes the Mayor and City Clerk to execute and deliver the Remarketing Agreement, with such additions to or deletions from the form presented to the City Council as the Mayor and the City Administrator, in their discretion, shall deem appropriate or necessary. The execution of the Remarketing Agreement by the Mayor and the City Clerk and the delivery of the Remarketing Agreement by the City shall be conclusive evidence of such determination. Section 8. Effective Date. This Resolution shall take effect and be in force from and after its approval and publication. 15811012 Section 5. Certification of Proceedings. (The remainder of this page is intentionally left blank.) 13 • • • • ATTEST: City Clerk 1581 0Iv2 Adopted this 28 day of October, 2003. Mayor 14 1581103v2 GUARANTY THIS GUARANTY, dated as of November 1, 2003 (the "Guaranty "), is made to induce , a under the laws of the State of and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner ") to purchase the Taxable Tax Increment Revenue Notes (Territorial Springs, LLC Project), Series 2003, in the original aggregate principal amount of $3,500,000, issued by the City of Stillwater, Minnesota (the "City "), dated as of November , 2003 (the "Note "), pursuant to Resolution No. 2003- of the City dated as of October 28, 2003 (the "Resolution"). The undersigned Guarantors (the "Guarantors ") hereby guaranty, jointly and severally, to the Registered Owner: (i) the full and prompt payment of principal of (whether due at maturity or pursuant to mandatory redemption) and interest on the Note (the "Payments") pursuant to the terms of the Note, to the extent the Available Tax Increments (defined below) and capitalized interest to be paid with the proceeds of the Note are insufficient or unavailable due to an Event of Default as described below to make such Payments; and (ii) the purchase price of the Note on the Purchase Date to the extent remarketing proceeds are not available to pay such purchase price (hereinafter the payments due hereunder are referred to as "Liabilities "). As defined in the Contract For Private Redevelopment, dated as of August 19, 2003 (the "Agreement "), between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer "), the term "Available Tax Increments" means, on each Payment Date, 95% of the tax increment actually received in the six months preceding each Payment Date from the property legally described in Exhibit A to the Note, and received by the City in the six months preceding the Payment Date. In the case of certain Events of Default under Section 10.1 of the Agreement, the City may suspend or terminate its obligation to pay Available Tax Increments in accordance with Section 10.2 of the Agreement, which is incorporated herein by reference. This Guaranty is and shall be construed to be an absolute, unlimited and continuing guaranty of payment, and the liability of the Guarantors hereunder shall not be affected, impaired or discharged, in whole or in part, by reasons of the fact that the money, payment of which is guaranteed hereunder, may become due or payable under, or in connection with, or by reason of, lack of any Available Tax Increment, any agreement or other transaction which may be illegal, invalid, irregular or unenforceable for any other reason. The liability of the Guarantors hereunder shall not be reduced, affected, impaired or discharged, in whole or in part, by any payment to the Registered Owner, from any source, which the Registered Owner thereafter returns or refunds, in whole or in part, by reasons of the assertion of any claim of any kind relating thereto, including, without limitation, any claim of breach of contract, breach of warranty, preference, illegality, invalidity, or fraud. The Registered Owner may defend, compromise or pay any such claim as the Registered Owner, in its sole discretion, may elect. The liability of the Guarantors hereunder is direct and unconditional, and the Registered Owner shall have the right to proceed against the Guarantors, immediately upon any nonpayment of amounts due under the Note, without regard to lack of any Available Tax Increment, and shall not be required to take any action or proceedings of any kind against the City or any other party liable for payment of principal of or interest on the Note as such payments may become due or any accounts collateral or security which the Registered Owner may otherwise have before proceeding against the Guarantors hereunder. The books and • • • • • • records of the City showing the account between it and the Registered Owner shall be admissible in any action or proceeding, shall be binding upon the Guarantors for the purpose of establishing the items therein set forth and shall constitute prima facie proof thereof. Nothing shall discharge or satisfy the liability of the Guarantors hereunder, until the Note has been paid in full on the Maturity Date as defined in the Note, is defeased, or is redeemed in accordance with its terms. The Registered Owner shall have the right, from time to time and at any time, in the sole discretion of the Registered Owner and without any notice to or consent from the Guarantors and without affecting, impairing or discharging, in whole or in part, the liability of the Guarantors hereunder, to: (1) modify, change, supplement or amend in any respect whatever the Note, or any other agreement or transaction between the City and the Registered Owner, or any assignee of the Registered Owner, or any portion or provisions thereof; (2) grant extensions of time and other indulgences of any kind to the City, or with respect to any accounts assigned under the Note or any other collateral or security which the Registered Owner may have; (3) modify, compromise, release, substitute, exercise, alter, enforce or fail or refuse to exercise or enforce any claims, rights or remedies of any kind which the Registered Owner may have, at any time, against Guarantors, or any endorser, or other party liable for the indebtedness or obligations or any part thereof, or with respect to any accounts or other collateral or security of any kind the Registered Owner may have, at any time, whether under any other agreement or this Guaranty, or otherwise; and (4) liquidate any accounts, collateral or security of any kind the Registered Owner may have, at any time, whether under this Guaranty or otherwise. The Guarantors waive any and all defenses, claims, and discharges of the City, or any other obligor, pertaining to the Liabilities and other obligations guaranteed hereunder, except the defense of discharge by payment in full on the Maturity Date. Without limiting the generality of the foregoing, the undersigned will not assert, plead or enforce against the Registered Owner any defense of waiver, release, discharge in bankruptcy, statute of limitations, res judicata, statute of frauds, anti - deficiency statute, fraud, incapacity, minority, usury, illegality or unenforceability which may be available to the City or any other person liable with respect to the Liabilities or any other obligations guaranteed hereunder, or any set off available to City, or any such other person, against the Registered Owner whether or not on account of a related transaction. The Guarantors expressly agree that the Guarantors shall be and remain liable for any deficiency remaining after foreclosure of any mortgage or security interest which may secure the Liabilities or other obligations guaranteed hereunder, whether or not the liability of the City or any other obligor for such deficiency is discharged pursuant to statute or judicial decision. The Guarantors agree to indemnify the City and its successors and assigns, for, and to hold it harmless against, any loss, liability, or expense (including counsel fees and disbursements) incurred, other than through gross negligence or willful misconduct on the City's part, arising out of or in connection with the performance of the obligations of the parties hereunder. The Guarantors further agree to indemnify and hold harmless the City, its successors and assigns, each of its respective officers or employees from and against any and all losses, claims, damages, liabilities, or expenses whatsoever caused by: (i) any untrue statement or alleged untrue statement of a material fact in the offering materials prepared by or on behalf of the Developer in connection with the offer and sale of Note, as revised from time to; (ii) any omission or alleged omission of any material fact 1581103v2 2 in such offering materials required to be stated therein or necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading; (iii) any information supplied by the Developer in connection with the sale of the Note; or (iv) any inability to remarket the Note due to conditions of the market pursuant to Section 6 of the Remarketing Agreement (defined below). The indemnity agreements contained in this Section shall survive termination or cancellation of this Guaranty. Without limiting the foregoing, the Guarantors waive any and all defenses, claims, and discharges of the City and pertaining to the preparation of any offering materials or disclosure materials prepared by the Developer and Dougherty & Company LLC (the "Remarketing Agent ") arising from or in connection with the original sale of the Note and the remarketing of the Note under the Remarketing Agreement, dated as of November 1, 2003 (the "Remarketing Agreement "), between the City, the Developer, and the Remarketing Agent. The term of this Guaranty shall commence on the date hereof and shall continue until the Registered Owner has been satisfied by payment in full of all, sums, obligations and indebtedness, whether or not liquidated in amount, are due or become due, for which the Guarantors are presently or in the future either immediately, contingently or otherwise liable. This Guaranty is executed, delivered and accepted in, and all acts and transactions hereunder, and the rights and obligations of the parties hereto, shall be governed, construed and interpreted as to validity, enforcement and in all other respects, according to the laws of the State of Minnesota, and shall be binding upon the successors and assigns of the Guarantors. This Guaranty shall always be for the benefit of the Registered Owner of the Note. This Guaranty cannot be changed, terminated or revoked orally. Any such change, termination or revocation shall be in writing, and shall be effective only prospectively as to future advances of principal made by the Registered Owner and on the second business day following actual receipt of such note by all persons entitled thereto; provided that such change, revocation or termination shall not apply to any interest, charges, costs of collections, attorneys' fees or similar charges thereafter arising with respect to indebtedness outstanding as of the effective time of revocation. The Guarantors hereby waive: (1) notice of acceptance of this Guaranty; (2) presentment and protest of any instrument and notice thereof; (3) notice of default by the City; and (4) all other notices to which the Guarantors might otherwise be entitled. The Guarantors agree to pay all costs, including reasonable attorneys' fees, incurred or paid by the Registered Owner in connection with the enforcement of this Guaranty by the Registered Owner. The Registered Owner shall have the right to assign and transfer this Guaranty, in whole or in part, to any assignee of any transaction or debt, or any portion thereof subject to a simultaneous transfer of the Note and further subject to the restrictions of transfer contained in the Note. In the event any provision of this Guaranty shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions of this Guaranty. 1581103v2 3 • • • • • The obligations of the Guarantors under this Guaranty are binding on the heirs, assigns, estates, and future holders of the interests of the Guarantors under this Guaranty, the Note, and the Remarketing Agreement. The obligations of each Guarantor under this Guaranty are joint and several obligations of David Frauenshuh, Brian Sweeney, Gary Lindstrom, Randy McKay and Richard Wicka. Any discharge, release, or agreement by the Registered Owner with an individual Guarantor shall not be a discharge, release, or agreement of any of the other Guarantors. Upon discharge of the Note by payment in full at the Maturity Date, the Liabilities of the Guarantors hereunder are discharged. (The remainder of this page is intentionally left blank.) 1581103v2 4 IN WITNESS WHEREOF, this Guaranty has been duly executed by the Guarantors as of this day of November, 2003. 1581103v2 5 David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka • • 1581102v2 REMARKETING AGREEMENT Between THE CITY OF STILLWATER, MINNESOTA And TERRITORIAL SPRINGS, LLC And DOUGHERTY & COMPANY LLC Dated as of November 1, 2003 REMARKETING AGREEMENT THIS REMARKETING AGREEMENT, dated as of November 1, 2003 (the "Remarketing Agreement" or the "Agreement "), is made by and between the CITY OF STILLWATER, MINNESOTA, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (the "City "), TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company organized under the laws of the state of Minnesota (together with its successors and assigns, the "Developer "), and DOUGHERTY & COMPANY LLC, as remarketing agent (together with its successors and assigns, the "Remarketing Agent"). RECITALS The City has authorized the issuance of a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 (the "Note "), in the original aggregate principal amount of $3,500,000, issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by the City on October 28, 2003 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes. Sections 469.174 to 469.179, as amended. The City and the Developer hereby appoint the Remarketing Agent as the Tender Agent under this Agreement; and the Remarketing Agent acknowledges its appointment as Tender Agent. Pursuant to the Note, the owner of the Note (the "Registered Owner ") is required to tender the Note for purchase to the Remarketing Agent as Tender Agent, on the purchase dates as defined in the Note as the Purchase Date. The Developer desires to make provision for the remarketing of the tendered Note. Pursuant to the terms and subject to the conditions of this Agreement, the Remarketing Agent is willing to determine the interest rate for the Note on the Purchase Date in accordance with the terms of the Note. Pursuant to the terms and subject to the conditions of this Agreement, on or prior to the Purchase Date, the Remarketing Agent is willing to remarket the Note in accordance with the terms of the Note and this Agreement. In consideration of the foregoing, the mutual promises contained herein and other valuable consideration, the parties hereto agree as follows: 1. Appointment of Agent. The City hereby appoints the Remarketing Agent, the Developer concurs in and approves such appointment, and the Remarketing Agent hereby accepts such appointment, to act as Remarketing Agent in connection with the establishment of the interest rate from time to time on the Note and the remarketing of the Note after the original issuance, offering and sale thereof, subject to the terms and conditions and upon the representations and warranties herein contained. The City and the Developer shall at all times have the right to approve in writing the manner of each remarketing of the Note and the Remarketing Agent agrees to provide such certificates as may be reasonably requested by the City and the Developer evidencing compliance with the manner of remarketing approved by the City and the Developer. The Remarketing Agent acknowledges its appointment as Remarketing Agent, and the Remarketing Agent specifically assumes and undertakes the duties of the Remarketing Agent established in this Agreement. 1581l02v2 • • • The Note will be issuable upon the terms and conditions set forth in the Resolution, and will have the form, tenor, terms and specifications set forth in the Note. 1581102v2 2. The Note. 3. Authorized Officers. From time to time, at the request of the Remarketing Agent, the Developer will furnish the Remarketing Agent with a certificate setting forth the name and specimen signature of the officer(s) of the Developer then authorized to give instructions or approve transactions under the Note, the Guaranty between the Registered Owner of the Note and the Guarantors of the Note (the "Guarantors "), dated as of November 1, 2003 (the "Guaranty "), and under this Remarketing Agreement (each an "Authorized Developer Representative "). The Mayor and the City Administrator shall be the authorized representatives for the City under this Remarketing Agreement (each an "Authorized City Representative "). Whenever this Agreement requires that the Remarketing Agent act only upon the direction of the City or the Developer, the Remarketing Agent shall act hereunder only upon the written instruction of the Authorized Developer Representative or the Authorized City Representative. The Remarketing Agent shall be entitled to rely for all purposes hereunder on instructions given by any such Authorized Developer Representative named in the most recent certificate delivered to the Remarketing Agent pursuant to this Section 3 or any Authorized City Representative. 4. Establishing the Interest Rate After the Purchase Date; Remarketing of the Note. (a) The Remarketing Agent agrees to establish the interest rate on the Note in accordance with the terms of Section 2 of the Note. On each date on which the interest rate is adjusted in accordance with the terms of Section 2 of the Note, the Remarketing Agent shall notify the Developer and the City of the interest rate established on that date. The Remarketing Agent agrees to establish the interest rate on the Note on the Purchase Date at an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par. (b) Prior to the Purchase Date, unless requested to the contrary in writing by the City . and the Developer, the Remarketing Agent shall use its best efforts to arrange for the remarketing at par of the outstanding Note. (c) The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of the Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. As soon as practicable, but in no event later than 11:00 a.m., Central time, one Business Day prior to the Purchase Date (or on such other time and date as set forth in the Note or agreed upon in writing by the City, the Remarketing Agent, and the Developer), shall give notice to the Developer and the City as to whether and to what extent the Remarketing Agent has remarketed the Note; and shall include in the notice given to the City the name, address and taxpayer identification number of the new owner in whose name the Note is to be registered and the person to whom the Note is to be delivered. In the event the Remarketing Agent has been unable to remarket the Note by 11:00 a.m., Central time, one business day prior to the Purchase Date, the Remarketing Agent shall give immediate notice to the Guarantors that the Remarketing Agent has been unable to remarket the Note. (d) The Remarketing Agent shall deliver to an account it holds as Tender Agent, no later than 11:00 a.m., Central time, on the Purchase Date (or on such other time and date as set forth in the Note or agreed upon by the Remarketing Agent, the City, and the Developer), in immediately available funds, an amount equal to the principal amount of the Note plus accrued interest thereon to, but not including, such date, if any. (e) The Remarketing Agent shall not be required to remarket any Note or adjust the rates of interest thereon if the Remarketing Agent has received a notice from the City, the Developer, or the Guarantors that a default has occurred under the Note or if the Guarantors have made any payments of principal of or interest on the Note after the Purchase Date. (f) If the Remarketing Agent receives proceeds of the remarketed Note on or prior to the date and time required under this Agreement, the Remarketing Agent shall transfer immediately available funds in the amount of such proceeds to an account the Remarketing Agent holds as Tender Agent for application to the purchase of the tendered Note; any proceeds received after such time shall be paid to the new Registered Owner of the Note on behalf of the City to fulfill its obligations under the Note. (g) If the Remarketing Agent is unable to arrange for the remarketing in accordance with the foregoing provisions of this Section 4 and the Guarantors fail to purchase the Note, the Remarketing Agent shall continue to use its best efforts to remarket such Note to persons other than the Developer, on behalf of the Developer, unless the Developer shall request the Remarketing Agent by telegraphic, electronic, or telephonic notice, promptly confirmed in writing, to discontinue its efforts to remarket such Note. As long as no such notice to discontinue remarketing efforts has been received by the Remarketing Agent from the Developer, the Remarketing Agent shall continue its efforts to remarket the Note unless and until the Note is redeemed. (h) The Remarketing Agent will only attempt to remarket the Note to institutional or money fund investors and other entities or individuals who customarily purchase securities of the general character of the Note and will only remarket the Note in denominations of $100,000 or integral multiples of $1,000 in excess of $100,000 (unless otherwise mutually agreed by the City, the Developer and the Remarketing Agent) and in compliance with applicable securities laws. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar and /or the Remarketing Agent as described in the Resolution. (i) The Developer agrees to notify the Remarketing Agent promptly upon obtaining knowledge of the occurrence of any default under the Note. If the Remarketing Agent receives notice from the Developer or the City of a default under the Note, so long as the default is not cured or waived, the Remarketing Agent shall cease all efforts to remarket the Note or adjust the interest rate thereon pursuant to this Remarketing Agreement, and shall have no further obligation to remarket the Note or adjust the interest rate thereon pursuant to this Remarketing Agreement, 1581102v2 3 • • • • • and upon receipt of notice of any such Event of Default, the Remarketing Agent may terminate this Agreement in accordance with the terms of Section I I of this Agreement. (j) The Developer agrees to pay the Remarketing Agent a remarketing fee (the "Remarketing Fee ") in an amount equal to percent ( %) of the principal amount of the Note outstanding as of the Purchase Date, giving effect to any redemptions occurring on such Purchase Date. 5. Representations. (a) The City represents as the basis for the undertakings on the part of the City herein contained that this Agreement constitutes the legal, valid, and binding obligation of the City, enforceable in accordance with its terms. (b) The Developer represents as the basis for the undertakings on the part of the Developer herein contained that this Agreement constitutes the legal, valid, and binding obligation of the Developer, enforceable in accordance with its terms. (c) The Remarketing Agent represents as the basis for the undertakings on the part of the Remarketing Agent contained herein that (i) the Remarketing Agent is a corporation with all requisite power to execute and deliver, and has by proper action duly authorized the execution and delivery of this Agreement; and (ii) this Agreement constitutes the legal, valid, and binding obligation of the Remarketing Agent enforceable in accordance with its terms. 6. Failure to Remarket the Note Due to Market Conditions. The Developer recognizes that the Remarketing Agent, through no fault of its own and after its best efforts, may not be able to remarket the Note at the time of the Purchase Date due to the conditions of the market. If the Remarketing Agent is unsuccessful in remarketing the Note due to such circumstances, the Developer will indemnify and hold the Remarketing Agent harmless under Section 10 of this Agreement. 7. Funds. Any money delivered to the Remarketing Agent for the purchase of the Note shall be held for the account of the person or persons who shall have delivered such money until arrangements have been made for the delivery of the purchased Note to or for the account of such person. 8. Books and Records. The Remarketing Agent shall keep books and records of its Note remarketing transactions. Such books and records shall be kept in a manner consistent with prudent industry practice. 9. Offering Material. In connection with any remarketing of Note, the City hereby agrees to cooperate with the reasonable requests of the Developer in the Developer's preparation or revision of any offering or disclosure materials for such remarketing, and any costs incurred by the City in such remarketing of the Note shall be paid by the Developer. The Developer hereby agrees to provide information 1581102v2 4 concerning the City, the Developer, the Guarantors, and the Note to the Remarketing Agent, in sufficient time in advance of the Purchase Date to permit the Remarketing Agent to remarket the Note or to revise offering or disclosure materials used or useful in the remarketing of the Note. The Developer further agrees to notify the Remarketing Agent at the time the Note is to be remarketed of any material change in its financial or business affairs or in the economic or financial condition of the project (the "Project "), as defined in the Contract For Private Redevelopment between the City and the Developer, dated as of August 19, 2003 (the "Redevelopment Agreement "), that may have an adverse effect on the creditworthiness of the City, the Developer, the Guarantors, the Project, or the Note, or the ability of the City, the Developer, or the Guarantors to meet their individual and joint material obligations under this Agreement, the Guaranty, the Note, the Contract For Private Redevelopment, and the Assessment Agreement between the City, the Developer and Washington County, Minnesota, dated as of August 19, 2003. 10. Indemnification. (a) The Developer agrees to indemnify the City and the Remarketing Agent, and its successors and assigns, for, and to hold it harmless against, any loss, liability, or expense (including counsel fees and disbursements) incurred, other than through gross negligence or willful misconduct on its part, arising out of or in connection with the performance of the obligations of the parties hereunder. The Developer further agrees to indemnify and hold harmless the City and the Remarketing Agent, its successors and assigns, each of its respective directors, officers, or employees and each person, if any, who controls the Remarketing Agent, within the meaning of Section 15 of the Securities Act of 1933, as amended, from and against any and all losses, claims, damages, liabilities, or expenses whatsoever caused by: (1) any untrue statement or alleged untrue statement of a material fact in the offering materials prepared by or on behalf of the Developer or the Guarantors in connection with the offer and sale of Note, as revised from time to time (not including material concerning the Remarketing Agent provided by the Remarketing Agent); (ii) any omission or alleged omission of any material fact in such offering materials required to be stated therein or necessary in order to make the statements therein (not including material concerning the Remarketing Agent provided by the Remarketing Agent), in the light of the circumstances under which they were made, not misleading; (iii) any information supplied by the Developer and the Guarantors in connection with the sale of the Note; or (iv) any inability to remarket the Note due to conditions of the market pursuant to Section 6 of this Agreement. The indemnity agreements contained in this Section shall survive termination or cancellation of this Agreement. (b) The duties of the Remarketing Agent shall be as provided herein and no implied covenants or obligation shall be read into this Agreement against the Remarketing Agent. Except as otherwise provided herein, the Remarketing Agent may act or refrain from acting in reliance upon any resolution or other document transmitted to it on behalf of the City or the Developer. (c) The Developer will reimburse the Remarketing Agent for its reasonable costs and expenses incurred in connection with the exercise of its duties hereunder, including, but not limited to, counsel fees, printing costs, and blue sky fees. (d) The Remarketing Agent may, in its own discretion, become the owner of the Note with the same rights as it would have if it were not the Remarketing Agent hereunder. 1581102v2 5 • • • 11. Termination. (a) The Remarketing Agent may terminate its obligations under this Remarketing Agreement at any time by immediate notice to the City and the Developer if: (i) Legislation shall be introduced, by amendment or otherwise, in, or be enacted by, the House of Representatives or the Senate of the Congress of the United States, and signed by the President of the United States, or a decision by a court of appeals of the United States shall be rendered, or a stop order, cease and desist order, ruling, regulation or official statement by, or on behalf of, the Comptroller of the Currency, the Federal Reserve Board, the United States Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made or proposed (but not before the effective date of such legislation, decision, order, filing, regulation or statement), to the effect that the remarketing of the Note or of obligations of the general character of the Note, in the manner contemplated hereby, is or would be in violation of any provision of the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect, or with the purpose or effect of otherwise prohibiting the remarketing by the Remarketing Agent of the Note or of obligations of the general character of the Note in the manner contemplated hereby; (ii) Any event shall have occurred, or information shall have become known, which, in the Remarketing Agent's reasonable opinion, makes untrue, incorrect, or misleading in any material respect, as of when made, any statement or information contained in any offering material, as the information contained therein has been supplemented or amended, or causes such material to contain an untrue, incorrect, or misleading statement of a material fact or omit to state a material fact required to be stated herein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading; (iii) A general banking moratorium shall have been established by Federal or Minnesota authorities. (b) Notwithstanding the foregoing provisions of this Section, the Remarketing Agent may resign for any reason or no reason upon thirty (30) days written notice to the City and the Developer; provided, however, that the Remarketing Agent will continue to act as Remarketing Agent until a successor Remarketing Agent has been appointed. (c) So long as no default has occurred under the Note, the Remarketing Agent may be removed at the direction of the Developer, with the consent of the City, upon thirty (30) days notice, by an instrument signed by the Authorized Developer Representative (or, if the Developer is in default under the Documents, an instrument signed by the Mayor of the City), designating a successor Remarketing Agent, filed with the Remarketing Agent and the City. 12. Limited Duties of the Remarketing Agent. It is understood and agreed by the parties hereto that the Remarketing Agent is only obligated hereunder to act as agent for the City and the Developer and to use its best efforts to 1581102v2 6 remarket any tendered Note. The Remarketing Agent shall not act as an underwriter for the tendered Note and is in no way obligated to advance its own funds to purchase any tendered Note. 13. Miscellaneous. (a) Subject to the provisions of Section 3 of this Agreement, all notices, certificates, requests, or other communications among the City, the Developer, and the Remarketing Agent hereto permitted or required to be given hereunder shall be sufficiently given and shall be deemed given when received, addressed as provided in the Redevelopment Agreement: and if to the Remarketing Agent notice shall be deemed given when received, addressed to the Remarketing Agent at 90 S. 7' Street, Suite 4400, Minneapolis, Minnesota 55402. The parties hereto, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates, requests, or other communications shall be sent. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. (c) Capitalized terms used in this Agreement which are defined in the Note shall have the respective meanings therein specified, unless otherwise defined herein or unless the context clearly requires otherwise. (d) The Remarketing Agent's duties and obligations shall be governed by the terms of this Agreement and any conflict between the terms of this Agreement and any other Agreement shall be resolved in favor of this Agreement. (e) This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall constitute an original, but such counterparts together shall constitute but one and the same Agreement. 1581102v2 (The remainder of this page is intentionally left blank.) • • IN WITNESS WHEREOF, the parties have executed this Agreement by their duly • authorized officers as of the day and year written above. • 1581102v2 S -I CITY OF STILLWATER, MINNESOTA By Its Mayor By Its City Administrator Signature page to the Remarketing Agreement. 1581102v2 S -2 TERRITORIAL SPRINGS, LLC By Its • • DOUGHERTY & COMPANY LLC, as • Remarketing Agent • Signature page to the Remarketing Agreement. 1581102v2 S -3 By Its • Memorandum • • To: Mayor and City Council From: Klayton Eckles, City Engineer Date: October 23, 2003 Subject: Long Lake Management Report DISCUSSION Over the course of the last three months staff has been working with Bonestroo Engineering to complete a recommended management plan for Long Lake. Part of this process included working with a task force of interested lakeshore owners. The attached report includes a summary of management recommendations, study background and analysis, the results of the Long Lake Advisory Committee discussions, previous management actions and analysis, water quality and recreation issues, and a number of attachments. By far the biggest issue affecting all the interests on the lake concerns the operational elevation of the lake. Those property owners along the eastern shore of the lake that have periodically been affected by high water were most concerned about potential flooding, property damage and persistent high water conditions. Other property owners were concerned about reduced recreational opportunities, emergent plant growth, and aesthetics associated with reducing the lake level. In order to provide technical support for an engineered solution, the City worked in cooperation with Brown's Creek Watershed District to model various control elevation options. Three basic options were modeled and from these three basic options additional results can be interpolated for other options. The advisory group was unsuccessful in reaching any kind of consensus concerning the lake elevation. Therefore, the management recommendations center on trying to balance recreational and aesthetics issues with the ultimate goal of reducing potential property damage. The management report recommends a control elevation of 890.0. This will yield a summertime average elevation of about 890.2 which is within about two inches of the summertime average experienced over the last 20 -30 years. With the proposed pipe and channel improvements and the proposed operational elevation, the lake can be operated to provide protection from 100 -year flood events as well as provide one foot of free board above the 100 -year flood elevation for all homes on the lake. The lowest basement elevation along the lake is at 893.5. Under this management option the 100 -year storm high water condition will be 892.5. This 100 -year storm plus one foot of free board is the standard used throughout the country by FEMA and was used by the City up until recently. It is also the flood protection level that was anticipated by property owners living on the lakeshore. This proposed management option provides flood protection as well as reasonable recreational opportunities. Also it does not have major impacts on city infrastructure. Some homeowners may desire greater protection than that proposed. In this case, these homeowners will be aware of the level of protection the City provides and can make improvements to their private property to enhance their level of protection. The attached report has been sent to all the Advisory group members. We have not held a public hearing or invited all lakeshore owners to get comments on the report. It should be noted however that there has been significant neighborhood interest in the issue. City Council may desire to hear public testimony or provide a venue for the public to gain understanding to this project. On the other hand through the Advisory group process, we had significant public input and involvement. Prior to implementing the management solution, we need to send this report to the Brown's Creek Watershed District and DNR for their comments. The ideal time to complete some of this work is February and March. A good portion of the improvement involves excavation in and around wetlands. In order to meet a timeline of constructing this work over this upcoming winter with the completion of next summer it would be highly desirable to award this project in December. Therefore we would want to begin the preparation of plans and specifications immediately. Since the vast majority of this project will remain the same regardless of the control elevations it seems that Council could accept the report and direct that plans and specifications be completed. RECOMMENDATION Staff recommends that Council accept the attached report and direct that we send it to BCWD and DNR for comment. Staff also recommends that Council authorize the preparation of plans and specifications. Finally, staff asks that City Council weigh in on the desirability of additional public discourse. ACTION REQUIRED October 24, 2003 If Council concurs with staff recommendation, Council should pass a motion adopting a resolution accepting the attached report and directing the preparation of plans and specifications. Further, Council should direct staff to forward this report to the BCWD and DNR for official comment. 2 October 23, 2003 «first_name» «last_name» «address» «city» ater THE BIRTHPLACE OF MINNESOTA Subject: Copy of the Long Lake Management Plan Dear «first_name»: First I would like to thank you for participating in the Long Lake Advisory Group. As it is obvious to all those who participated this is a very challenging issue for everybody. Although we could not reach a general consensus among all members, I believe that the attached Long Lake Management Plan includes a management strategy that adequately meets the needs of all Lakeshore owners. The most contentious issue was the control elevation. As you can see in the report we are proposing a control elevation of 890.0. This will yield an average summertime elevation of 890.2 — 890.3. We anticipate that the Jackson Wildlife Management Area will be operating at an 889 elevation thus providing additional storage capacity during large storm events. Using this control system, we anticipate the 100 -year flood elevation (1% annual frequency) of 892.5. Thus the lake elevation as experienced during summer months will essentially be unchanged from what it has been in previous years. All homes on the lake will have one foot of freeboard above the 100 -year flood elevation of 892.5. City staff as well as the consultant will be presenting this management report to the City Council on October 28 in the city council chambers. This is not a public hearing, but the Council may or may not take public testimony. If you wish to have a letter included in the Council packet, please have it delivered to Beth Neeck in the Engineering Department by noon on Tuesday. If you have any questions, please give me a call. Sincerely, Klayton Eckles, PE City Engineer CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651- 430 -8800 first name Don Don Kathleen Lee Perry Joe Mark Ned Dick Laurie Last name McKenzie Peterson Pizinger Miller Furgala Arndt Lindeberg Gordon Huelsmann Maher address 12620 N. 72nd Street 7130 Mid Oaks Avenue 2803 Interlachen Drive 2962 Marine Circle 12525 62nd Street 3383 Pioneer Place 3120 Ilo Way 2970 Marine Circle 12610 N 62nd Street 3018 Marine Circle city Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 Stillwater, MN 55082 • • • • • fltwater „,,..., 14 ) THE BIRTHPLACE OF MINNESOTA Long Lake Management Study Report and Recommendations City of Stillwater October, 2003 Bonestroo File No. 510 -03 -114 • • City of Stillwater Long Lake Management Study Table of Contents I Summary of Management Recommendations 1 II. Study Background and Analysis 5 III. Long Lake Advisory Committee Discussion 11 IV. Previous Management Actions and Analysis 13 V. Water Quality and Recreation 18 Attachments 24 1. Summary of Management Recommendations The City of Stillwater has completed a management study of Long Lake in partnership with the Brown's Creek Watershed District. The study included the following: • A review of historical conditions, management history, and system constraints • Updated modeling of existing and potential future conditions on the lake, • Development and modeling of options for lake management • Discussions with the Minnesota DNR, Watershed District and lake residents regarding management options, implications and costs. Based on the analysis and discussions, we recommend the following for the management of Long Lake: • Water level controls be established at 890' as the normal water level. The typical water level that lake residents will experience will be approximately 890.2'. • The controls include a weir that would allow draw -down to 889' during the winter months for vegetation management and flood protection. • Improvements be completed as follows to establish these water levels: o The two 30" CMP pipes under Interlachen road (72 " Street) will be removed and replaced with a 10'x5' box culvert. The culvert will have an operational level of 890', with an optional control at 889'. o The water channels between Long Lake and the Jackson WMA will be excavated to form a wider opening and continuous open water wetland corridor. The area should be restored with native wetland vegetation compatible with the existing wetland complex. o The existing rate control structure at County Road 12 be modified to operate the Jackson Wildlife Management Area at 889'. o Grades and flows will be maintained in the channel downstream from County Road 12. • Flood protection improvements be completed for the property at 2803 Interlachen, to provide 1' of freeboard for the 100 year storm elevation, based on agreement and cooperation with the landowner City of Stillwater 1 Long Lake Management Study i • • • • The City will work with Brown's Creek Watershed District to address the removal of the sediment delta that has accumulated at the south end of Long Lake. • The Brown's Creek Watershed District will address future issues related to the water quality of Long Lake. The Long Lake Advisory Committee suggested that the management plan for the lake should minimize flood potential, protect the environment, preserve property values, and maintain or enhance aesthetic values and recreational opportunities. These recommendations meet these objectives as follows: Minimize flood potential • Provide flood protection equal to that originally required when properties were developed on the east side of the lake, i.e., provides the 1 foot of freeboard for Lakeshore properties during the 100 -year storm event required by City Ordinance at the time homes were developed in the Croixwood area • Provide for the option of additional storage capacity during the critical spring snow melt period by drawing the lake down in the fall to 889'. Protect the environment • Provide the level of protection required for Brown's Creek in the Stillwater AUAR • Minimize the potential for loss of native vegetation that protects the water quality of the lake • Recommend water quality improvement by removal of sediments accumulated at the south end of the lake in cooperation with Brown's Creek Watershed District • Identify BCWD as the appropriate avenue for addressing lake water quality issues in the future Protect property values. recreation. and aesthetics • Complete structural improvements that will allow the lake to return to the 890' normal water elevation more rapidly than currently, so that the time that properties are inundated after large storm events will be reduced. • Maintain the normal operating summer water level that is similar to the level that homeowners and recreationists have experienced since 1976, and approximately the level that was typical when homes were purchased in Liberty and Legends to maintain existing recreational activities Permit. Maintenance and Cost Issues • Remains consistent with existing DNR permit for lake level management • Creates a system that has minimal maintenance needs for the City and less risk for Lakeshore properties • Minimizes the need and cost for additional flood protection of homes, changes in existing storm sewer infrastructure, and purchase of drainage easements. City of Stillwater 2 Long Lake Management Study • • • This report summarizes the tasks completed during the study and presents the rationale for the City's management recommendations. The Attachments include a variety of historical and scientific materials that were a part of the study. City of Stillwater 3 Long Lake Management Study Lake Levels 890' Normal Water Level 889' Optional Fall draw down Excavate channels to widen and restore with wetland vegetation. Maintain grades and flows in channel. Remove existing 30" pipes and replace with 10' x 5' box culvert. Cooperate with BCWD to remove sediments and address water quality issues. Modify weir for new management levels. 11 •:I51 01510031 14Icad1gsiavj,mjects/Iong Bonestroo a0 Rosene ivy Andenik & VII Associates E gb"'erZ&AMItMs Long Lake Management Study Lake Management Recommendations 1000 Feet 0 1000 A • 893.0 892.5 892.0 891.5 • • .1.11 • 890.5 890.0 889.5 889.0 Control at 889.0 8883 . . -- - f - - Control at 891.5 2002 Long Lake' l ater L evel Scenarios I I IIIHII 3 • • Measured Elevations Mode Elevations syt EMMONS & OLIVIER RESOURCES • • VVY Niki eLatATIAN 1fo 114i I►erT thin+ Loweefr nfiNtNl ".2b63 KreptAttielv MA/F. DieNT { bFF wtom. e9Z.5 4==••■ . -_ -- eleMfog tow o Jit4& 894.(,& e 59_4. 4s3 -'col M 09 5$ " 301 2 Mti cizet.5 694.440 - 894.4 - ylz.1 oe cum $94. - 3024 MArtwe a1L $x4.19 -303? LN6C4 e S %_ P -- o ?b+ P NOf-%k L taA L — WO. 2'-- -t' i PLakt Ofen4tvkiczp uomac. Lext ! 4 r: 3a II. Study Background and Analysis The study included modeling and analysis of current conditions on Long Lake, and three feasible alternatives for lake level management in the future. It also examined past studies and permits to inform decisions about future management. The sections that follow summarize the analysis completed for this study. MANAGEMENT ALTERNATIVES AND ANALYSIS Brown's Creek Watershed District has completed an updated model of Long Lake and its watershed. The model has been compared to actual monitored elevations on the lake, and predicted elevations were found to be very close to actual elevations during the past few years. The model is based on current conditions, and does not incorporate future development in the lake's watershed. Key information provided by the District's engineers regarding recent lake levels included the following: 1. Current lake levels and behavior • While the DNR's official Normal Water Level (NWL) for the lake is 889', for the past several years it has more typically operated at an elevation between 890' and 891'. • The DNR's Ordinary High Water Level (OHWL) for Long Lake is 891.5. • The invert (bottom) elevation of the culvert north of the lake at Interlachen is 889.5'. However, silt in the channel upstream of the culvert has accumulated to a level around 890', so this has become the operating elevation of the lake. • The channel north of the lake is narrow. This encourages siltation and beaver activity. It requires frequent maintenance. This has contributed to the elevated lake levels. • In 1996, the lake elevation rose to 892.5. This is the highest elevation recorded since current controls were put in place (1976). • The length of time that water elevations are high is a significant factor, as well as the actual water elevation. Flooding of yards affects property values, as well as potential flooding of structures. Modeling indicates the following: o Storm event behavior was modeled with the lake elevation starting at 890.5. This has been the most common base elevation of the lake between storms in recent years. o After a 1 -year storm event (about 2 -1/2" of rain within 24 hours), the lake remains above 891 for 3 days. City of Stillwater 5 Long Lake Management Study o After a 10 -year storm event (about 4.1" of rain within 24 hours), the lake remains above 891 for 10 days. The high water level in a 10 -year event is 892'. o After a 100 -year storm event (about 5.9" of rain within 24 hours), the lake is above 891 for 16 or 17 days. The high water level in a 100 -year event is 893. o Multiple events within these time periods lengthen the time that it takes for the lake to return to a base water level. 2. Alternatives for lake management in the future The Watershed District engineers assumed the following improvements to the system, and modeled lake behavior at three different control elevations. Improvements included the following: • Flow restriction at Menards Regional Pond in Oak Park Heights (required by the Watershed District for proposed development) • Excavate channel area between 72 and Jackson WMA to enlarge channel • Maintain maximum possible grade for channel downstream of Highway 12 • Lower and enlarge culverts at 72 • Place lake final control at Highway 12 (replace current weir structure) a. Control lake at 889' High water level in 100 -year storm today: 892.0 High water level in 100 -year storm at full development: 892.1 Average spring- summer water level: 889.4 Minimum spring- summer water level (typical rainfall): 889.1 Meets AUAR requirements for creek protection b. Control lake at 890.5' High water level in 100 -year storm today: 892.9 High water level in 100 -year storm at full development: 893.0 Average spring- summer water level: 890.7 Minimum spring- summer water level (typical rainfall): 890.4 Meets AUAR requirements for creek protection City of Stillwater Long Lake Management Study Draw down time to 891' after a 100 -year event would be reduced under this option from current 14 days to 5 days. One home would require improvements to provide flood protection of 1 foot of freeboard. Draw down time after a 100 -year event is reduced under this 7 • option as in previous option. No flood protection or infrastructure improvements required. • c. Control lake at 891.5' High water level in 100 -year storm today: 893.5 High water level in 100 -year storm at full development: 893.7 Average spring- summer water level: 891.6 Minimum spring- summer water level (typical rainfall): 891.4 Meets AUAR requirements for creek protection. City of Stillwater Long Lake Management Study This option floods one house at 100 -vear storm, and reduces the 100 -vear free board to Tess than 1 foot for 7 others. It would require costs for retrofitting or moving homes to provide minimum flood protection, moving or replacing infrastructure (existing storm sewer culverts), and purchase of drainage easements on some properties. 3. Constraints to be considered in evaluating management options. A variety of legal, financial and infrastructure constraints influence where normal and high water levels may be set on Long Lake. These constraints include the following: • Requirements for protection of Brown's Creek from storm water impacts and limitations on the diversion system The City of Stillwater worked with the natural resource agencies to develop standards for protection of Brown's Creek from storm water impacts due to development of the Annexation Area. These standards allowed development of the area west and north of Long Lake. Natural resource agencies participated in development of the standards, and enforce them through permits. The City Council adopted these standards in 1997, and has completed construction of a diversion system to ensure protection of the creek. The diversion system is sized to meet the requirements of the AUAR Mitigation Plan: The goal of the Trout Stream Mitigation Plan is to divert a 3- inch 24 -hour rainfall event to McKusick Lake. During larger events, a portion of the runoff may overtop the diversion structures at the Zephyr railroad and at McKusick Lake. There are also constraints on the diversion system at the Zephyr railroad grade. Water will inundate the area south of the grade during large storm events. The level and duration of 9 • the pool must be managed to protect the high quality wetland in this area and avoid inundation of private property. • • • Flooding risks and costs Homes on the east side of Long Lake were built assuming a normal water level of around 889.0, with a "freeboard" of 1 foot between the high water level (during a 100 -year storm event) and lowest opening. At higher water levels, a number of homes will be at risk. Costly flood proofing may be necessary if a higher normal water level is set for the lake. • Easement costs Homes and yards on the east side of the lake were constructed based on a permitted water level of 889 in winter and 891.5 in the summer . If the City sets a higher water level that allows additional areas of lots to be regularly inundated, it may be necessary to acquire flood easements on these areas. • Storm water infrastructure reconstruction and costs The inverts of approximately 10 existing storm water culverts range from 889' to 893.5 at the Iakeshore. While these culverts may be partially submerged and still function, submerged discharges are subject to blockage and require additional maintenance. Water levels much above the current levels will require reconstruction of some of the culverts and pipe systems by the City. • Channel and infrastructure downstream from Long Lake The Trout Stream Diversions system downstream from Long Lake, including the new outlet from McKusick Lake and weirs at the north end of the lake, have been sized based on lake levels of 889' or 890', as proposed in the Stillwater AUAR. If lake levels are raised flows may increase, creating erosion in the channel and exceeding the capacity of existing infrastructure. Such changes may require a significant financial investment to protect the channel and increase the capacity of the downstream system. • Habitat quality of Jackson WMA wetlands The habitat quality of wetlands is reduced when water levels bounce due to storm water runoff. The DNR manages the Jackson Wildlife Management Area, and the City needs to discuss options for water level management with the DNR. City of Stillwater Long Lake Management Study 10 • III. Long Lake Advisory Committee Discussion • Staff and consultants met three times with an advisory committee to discuss the current conditions on the lake, review options for lake management, and develop a recommendation regarding future management of the lake. The charge to the committee was as follows: The Long Lake Advisory Committee will develop a recommended management plan for Long Lake that minimizes flood potential, protects the environment, preserves property values, and maintains or enhances aesthetic values and recreational opportunities. At its first meeting, the Committee identified a number of issues that members considered important for lake management. These included: • The lake is classified as a wetland or shallow lake. Its natural character needs to be considered in developing management recommendations. • A permanent solution is needed to potential flooding. • Lake elevations need to consider property values. • Downstream effects on management need to be considered. • Siltation at the south end of the lake needs attention. • Recreation and aesthetic issues need to be considered in developing lake management recommendations. • System maintenance issues need to be considered in control system design. At its second meeting, the Committee reviewed the three management alternatives and discussed them in relation to the issues identified at the first meeting. Some conclusions regarding the alternatives included the following: • No support was voiced for the 891.5 option. • The 889' option provides the highest degree of flood safety and was supported by representatives from the east side of the lake, but received no support from those on the west side. • A lake level of 890 -890.5 was proposed as a compromise, to keep the lake at the level most residents have experienced on the lake, require a minimum level of flood protection and infrastructure improvements, and providing for shorter inundation times for low properties after storm events. III At its third meeting, the Committee reviewed additional information regarding the implications of the management alternatives, and cost City of Stillwater Long Lake Management Study 11 • • • estimates for these altematives. A copy of the estimates is provided in the attachments to this report. At the close of this discussion, Committee members indicated that following: • Representatives of Liberty and Legends proposed that the lake elevation be controlled at 890.8 to protect recreation use. • Property owners on the east side of the lake indicated that they are unwilling to accept a control elevation above 889'. • Committee members generally agreed that removal of accumulated sediments at the south end of the lake would be beneficial for lake water quality. o The Brown's Creek Watershed District indicated the following: 1. The District will manage the quality and quantity of in -flows to the lake, while the City's decisions in this study will manage outflows 2. The District is willing to take on the issue of appropriate water quality targets for management of the lake 3. Based on District experience, the purchase of easements to allow a lake level at 890.8 is likely to be a lengthy and expensive process. City of Stillwater Long Lake Management Study • The Committee agreed that they were unable to reach a consensus recommendation on lake levels. They suggested that City staff and consultants develop a recommendation to be presented to the City Council. 12 • IV. Previous Management Actions and Analysis • • The issue of water management on Long Lake has a long history. The sections below describe previous management decisions and analysis. These were reviewed and discussed as a part of development the recommendations in this report. 1976 DNR Permit The first artificial outlet was constructed on Long Lake in 1976. DNR staff from the Waters, Fisheries, and Wildlife Divisions met with City staff to set the level of the outlet, thereby determining the water management level for the lake. Requirements for construction of the outlet are listed in the DNR Permit dated May 18, 1976. DNR Metro Fisheries Manager Duane Shodeen (now retired) was interviewed during the Long Lake study. He noted that in setting the outlet level, the key issue was protection of the trout fishery in Brown's Creek, downstream from the lake. He indicated that in 1976, the quality of the fishery in the lake itself was already poor, and did not influence the lake level decision. Staff from the wildlife division were in favor of setting the elevation at 889' or lower, to allow the lake to dry out periodically and native vegetation to regenerate to support better wildlife habitat. City staff were in favor of the 889' elevation, as it would require minimum changes in existing conditions and infrastructure around the lake. The permit was written to allow a seasonal variation in lake levels. This allowed for a higher level of water storage in the lake during warm summer months to protect the trout fishery in Brown's Creek. The permit requirements were written as follows: • A control structure with a notch was proposed that would allow a variation in control level between summer and winter. • The notch in the control structure was to remain open between October 1 and April 30 each year, maintaining a lake elevation of 889'. Between April 30 and October 1, the notch would be closed and storage provided in the lake to elevation 891.4, to protect trout populations in Brown's Creek from warm lake water. • Discharges from the lake during summer months were permitted only when the ambient air temperature at the lake was 65° F or lower. • The City was also required to monitor lake discharge between April 30 and October 1. City of Stillwater Long Lake Management Study 13 • • • During 1975, the City had completed an engineering study to recommend a lake management level and outlet design for Long Lake. The issues for that study were similar to those considered in the current Long Lake Management Study: Provide a more stable lake level, protect the fishery in Brown's Creek, and optimize the recreational value of Long Lake. The study recommended the creation of an outlet that would allow the seasonal management of the lake adopted in the 1976 permit. It also recommended that the outlet ensure that flood elevations in Long Lake not exceed 893.5 for the 100 -year run off event, based on the need to provide protection for the lowest existing home on the lake. Stillwater AUAR (1996 - 7) In 1996 -7, the City completed an environmental review for its proposed 1800 -acre Annexation Area west of Long Lake. The Stillwater Alternative Urban Areawide Review (AUAR) completed an analysis of storm water flows from the Annexation Area, and their potential impacts on natural resources, including Long Lake and Brown's Creek. A central focus of the AUAR was protection of Brown's Creek from additional storm water flows. The AUAR proposed creation of a low - flow diversion of stormwater from Long Lake away from Brown's Creek, through McKusick Lake, to the St. Croix River. The AUAR proposed that the entire runoff from a 3 -inch, 24 -hour rainfall event be diverted to McKusick Lake. During larger storm events, a portion of the runoff would overtop the diversion structure and enter Brown's Creek. (The runoff at the end of large storm events is cooler than the "first flush ", and would not elevate the temperatures of Brown's Creek.) However, with the diversion system in place, less flow will go to Brown's Creek in all storm events up to the 100 -year event. The AUAR proposed removal of the existing culverts at Interlachen and replacement with two 30" culverts that would operate year- round. It proposed the widening of the channel between Long Lake and the Jackson WMA, and that the lake and wetlands continue to act as one system. The AUAR also proposed modification of the control structure at County Road 12. The AUAR analyzed two water level management options for Long Lake: 889' and 890'. Either level provided the degree of protection required for Brown's Creek. It noted that the 889' level would be approximately 1' below the current "operational" level of Long Lake due to beaver activity and collection of silt and debris in the channel downstream from the lake. The AUAR noted that under both options:graphic City of Stillwater Long Lake Management Study 14 • • The draw -down time for Long Lake with the proposed structural improvements will be significantly reduced • Inundation of the Jackson WMA wetlands would be reduced • The storage volume available for flood protection would be maintained. The AUAR noted additional benefits to the 889' management option: • Costs of the improvements would be lower • Peak discharge rates for smaller, more common storm events would be lower, so that the potential for downstream erosion of wetlands and channels would be reduced. • There may be increased infiltration of surface water into soils due to slower release of water from the Long Lake/WMA Wetland complex. AUAR Feasibility Study (1997) The Feasibility Study completed designs and cost estimates for the storm water diversion system proposed to protect Brown's Creek in the AUAR. This included the improvements proposed in the Long Lake Area. The Technical Advisory Committee for the Feasibility Study recommended that the normal lake level of Long Lake be established at 889'. It recommended the following improvements: • Existing culverts under Interlachen Road be replaced with larger box culverts. • The channel between the Jackson WMA wetlands be widened. • The existing weir at CSAH 12 be modified to increase flows out of the lake. • These changes be made to re- establish the "normal water level" of 889' on Long Lake. • The new outlet conditions provide 100 -year flood protection to existing residential homes; maintain stable lake water levels; enhance water quality; and improve fish and wildlife habitat • The channel north of CSAH 12 be widened to reduce maintenance problems, and the existing trolley bridge be removed. (This work has since been completed) The total estimated cost of improvements recommended for the Long Lake area: $492,648. Construction of the Trout Stream Protection Project Diversion System O The Minnesota DNR required that the downstream portions of the diversion system proposed in the AUAR be constructed before the City of Stillwater Long Lake Management Study 15 Long Lake improvements, to best protect Brown's Creek from additional storm water flows due to construction in the Annexation Area. The City of Stillwater completed construction of this system from 1998 to Spring 2003. Total cost of the system was approximately $4,000,000. The system was financed through impact fees to developers in the Annexation Area. Based on completion of this system, the City is ready to complete the improvements proposed for the Long Lake area. City of Stillwater Long Lake Management Study 16 • BROWN'S CREEK TRIBUTARIES 0 HWY. 96 HWY. 36 BRow s p s.etenc 0 STILLWATER, MINNESOTA McKUSICK RAVINE STUDY \510\51099102CAD\AVPROJECINPROJ LOCAPR 7-26-00 HDO COMM. 51099102 LAKE %. ,1 0/ BROWN'S Ix VER^ j L_ Jiij : ) A 1 / \ ra. 1 \,-.-'''''''...-'; L s■---...... ,, F , -, ,T E 77 ---: a \ ,,,_•,‘ 1 illliE ;1 j DOW1V ',.,.,. ( 8 )) . 1 =DLI - 307-- 1 snu-w-AVEi\-:=. --= EnDLIDE- ((_. r_ r-if –'– --- ., ,---\■ ,---- \---r I L_____ -..././ i_j ,___., /n1., LO i i /---1------1' 7 ri l_Q = H in' , j 7 7 I N'C 1 1 7 , LW _ --4, is_A___,,L : ` i? II . (71 1 !I II il ! 7 L._ - „-7-- _.... -. — 1 ; ; i j' fi 1p- u --.1-.::-....■ .--, /''. \ -- i ( \ /4 D7E ll ii \ \ , '-'-'. n I li 1 , ;= ,i, i• \, 1 , ----r-r- il n i .-- LiLL _____,_ j • \_\ ,....., , ,. . 1 ,.// I • i (1 --- -si / / 1 ___, 1 yz LL__] 7 , A. Mulberry Point Storm Sewer Modifications B. McKusick Ravine - Phase I (Mulberry Street) C. McKusick Ravine - Phase II (Ravine) D. McKusick Lake Outlet • PROJECT LOCATION AND SURROUNDING AREAS DIVERSION IMPROVEMENTS E. McKusick Wetland / Lake Wier F. Brown's Creek Diversion at Golf Course and Creek Reconstruction G. Long Lake to McKusick Lake Diversion Structure H. Long Lake Outlet and Channel Modifications FIGURE 1 al 22 Bonestroo Rosene CIE 1 71 Anderlik & Associates Engineers &Architects s • V. Water Quality and Recreation Issues Water Quality Impacts of Proposed Management Options Three independent professional Iimnologists were contacted during the course of the study, and asked to provide input on the potential water quality impacts of the three management options analyzed in the study. Each of the Iimnologists has over 20 years experience in dealing with shallow lakes in the Twin Cities Metro Area. The conclusions of all three Iimnologists were the same: 1. Because Long Lake is a shallow lake, there is unlikely to be any difference in water quality among any of the three options. 2. It is possible that a higher typical water level than the existing level will result in poorer lake water quality and habitat. This is the case because lake water quality in shallow lakes is highly dependent on submergent and emergent vegetation covering and holding lake sediments. If the lake is deepened, more areas of existing vegetation will be shaded by turbid water and vegetation will die, allowing more phosphorus -rich sediments to mix with lake water, and promoting algae growth. A discussion of shallow lake ecology follows, to provide additional information on the character of the lake and its relationship to water quality. The Attachments include a recent article on Lake Christina, another shallow lake in Minnesota, and ways in which increased water depths resulted in poorer water quality and habitat in that lake. Long Lake Ecology —Water Quality and Habitat Summary Scientists classify Long Lake a Wetland or Shallow Lake (the terms are interchangeable to scientists). The Federal Fish and Wildlife Service classification for Long Lake would be a Type 5 Wetland. The Metropolitan Council notes that lakes that are less than 6 feet deep on average should not be managed as lakes" (see Osgood report). Wetlands /Shallow lakes are water bodies that are less than 10 feet deep. The surface area of a shallow lake can be any size, it is the depth that makes these systems work very differently from deeper lakes. Shallow lakes are very different from deeper lakes, for the following reasons: City of Stillwater Long Lake Management Study 18 1. Light penetrates to the bottom throughout the lake. • Due to this Tight penetration, the entire bottom of a shallow lake in a natural condition is colonized bv a variety of plants. This is critical to the health of the lake. Most of these are small plants that are completely under water (called submerged plants). The shoreland of the lake should also have a diverse plant community of plants that are both above and below water (called emergent plants), such as cattails and bulrushes. Deep lakes have similar plants to a depth of about 10 feet, but deeper areas of these lakes do not have plants on the bottom, because light is not adequate to support their growth. 2. Shallow lakes do not stratify bv temperature in the summer as deep lakes do —deep lakes have warm upper layers and colder deep water areas. This keeps the upper layers from interacting with the sediments at the bottom of the lake. In shallow lakes. the entire water column mixes all summer. and can be affected bv the sediments at the bottom of the lake. Pristine vs. altered shallow lakes A "pristine" shallow lake (one that has not been affected adversely by human activity) has clear water and rich, diverse vegetation covering the lake bottom. These plants include both submergent and emergent plants. The plants provide habitat for small animals (called zooplankton) and fish. The plants and small animals support a diverse community of fish. Shallow lakes and wetlands typically dry out during years of low rainfall. During this time, native lake vegetation renews itself. These events are a normal part of shallow lake ecology, and help the system to remain healthy. Agricultural and urban development contribute sediments and nutrients to lake systems, which can change their character dramatically. Scientists call this "nutrient loading ". While wetlands and lakes can absorb some sediments and nutrients with few visible changes, larger amounts of these pollutants make the lake cloudy, and change the structure of plant and animal communities in lakes, and often encourage the growth of algae. Stormwater can also keep these systems artificially high, and prevent renewal of native plant communities within the lake. City of Stillwater Long Lake Management Study 19 • • xvi Introduction -- — '' ----r" 0.40Z. Fig. 1 Schematic representation of a shallow la in a vegetation dominated clear state (upper panel) and in a turbid(phytoplank on)dominated state in which sub- merged plants are largely absent and(benthivoroui fish and waves stir up the sediments. 1 .1xyliorn cceetati A'sli '56vvg Git/-0(rzi trr ttft/A1 Mr-64 , guacse • tizetActftt& PA/dit451‘ . Mr4 ' Ativrfal cii4efecte. rupn;i4e-04 /Doi . • • • Sediments, nutrients and lake water quality Open ground (such as row crop agriculture and construction sites) and hard surfaces (roads, parking lots, roofs, driveways) contribute sediments and nutrients such as phosphorus and nitrogen to water bodies with storm runoff. Phosphorus is the nutrient that creates the most problems in urban lakes. Phosphorus is called a "nutrient" because it is essential for plant growth. It is one of the three typical ingredients in fertilizers. Phosphorus supports the growth of algae and other aquatic plants, just as it supports the growth of lawns and gardens plants on land. Where does phosphorus in lakes come from? Phosphorus is everywhere —it is a common constituent in many soils, particularly in the Twin Cities and southern Minnesota. It is a component of all plant and animal cells, so it is released as plants and animal wastes decompose. Phosphorus enters lakes when storm events wash eroded soils, dirt from streets and parking lots, and decomposing grass and leaves into the water. It also falls from the atmosphere with air -borne dust particles. In urban and suburban areas, researchers have found that hard surfaces associated with transportation (streets, driveways, parking lots, etc.) are typically the biggest contributors of phosphorus to surface waters. These sediments and nutrients make lakes "turbid" (cloudy). The cloudy water prevents Tight from penetrating, and soon many submerged plants disappear, leaving bare sediments at the bottom of the lake. Plants that can float on the surface to get light become dominant (such as filamentous algae or Eurasian water milfoil). These plants shade the bottom further, and more submerged plants die. The phosphorus is attached to sediments, and accumulates at the bottom of the lake. Aquatic plant communities are critical to sediment and algae control When the bottom of the lake is bare of plants. it is easier for the sediments to be resuspended by wind. rough fish. boat activity. etc. This makes the water cloudier. and makes the Phosphorus in the sediments more available to the surviving Plants. such as algae. encouraaina their arowth. The loss of emergent plants around the lake bv cutting or competition allows even more resuspension of sediments bv wind or rough fish. Finally. both submeraed and emergent plants take up Phosphorus from the bottom. If these plants are lost, more City of Stillwater Long Lake Management Study 21 • • • phosphorus is available in sediments and in the water column to support the arowth of alaae. As more algae grows in the water column, it shades more submerged plants, and more areas of the bottom are exposed. Additional areas of sediment can be re- suspended. The process feeds on itself and accelerates the growth of algae and other floating plants (scientists call this "biofeedback "). Rough fish also eat the small animals (zooplankton) that would feed on algae, allowing further spread of algae. The quality of wetlands and lakes is affected both by the external phosphorus that enters the lake and by "internal loading" of phosphorus from the sediments. Even if "external" loading is reduced, it can take many years for the lake water quality to improve, because the internal phosphorus will continue to be available in the water column and support the growth of algae. Typical approaches to improving the quality of shallow lakes • Manage inputs of sediment and phosphorus (water quality ponds, infiltration, etc.). This is unlikely to improve lake quality, but can help to prevent further degradation. • Good housekeeping by landowners, such as use of no phosphorus fertilizers, buffer strips, clean driveways & hard surfaces of fertilizers and sediments, etc. • Maintain or restore healthy submergent and emergent plant communities • Lake restoration: Removal & control of rough fish and restoration of healthy plant communities Recreational Use of Long Lake Long Lake is used for two primary types of recreation: • Boating, including pontoon boats, small motors, and canoes • Bird and wildlife observation Advisory Committee members and residents who want to continue boating use of the lake expressed preferences during the study to maintain existing levels or make the lake deeper to improve the boating experience. Those who enjoy bird and wildlife observation on the lake generally support the lower lake elevation. A shallower lake means more native aquatic plants, and therefore better habitat. Occasional draw -down or drying of the lake during City of Stillwater Long Lake Management Study 22 droughts helps to renew native plant communities and improve habitat for wildlife species. Resources on shallow lake ecology: Osgood, Richard A., The Limnoloay. Ecoloav and Manaaement of Twin Cities Metropolitan Area Lakes, Metropolitan Council of the Twin Cities Area, December, 1988. Scheffer, Marten, Ecoloav of Shallow Lakes, Kluwer Academic Publishers, 1998. City of Stillwater Long Lake Management Study 23 • • • City of Stillwater Long Lake Management Study Attachments 24 • Red numbers show lake depth readings taken on Aug 20, 2003 Lake surface at 889.82 • • • • Long Lake Analysis - XP -SWMM modeled Storage Node Name DNRWETLAND 316W NON INVENT (W of Kern) NON INVEN3 (W of Kern) HWY36POND (S of Hwy 36) Ravinel (N of Hwy 36) Ravine2 (N of Hwy 36) Ravine3 (N of Hwy 36) Ravine4 (N of Hwy 36) Furgala Property (S of 62 St.) LONG LAKE 72 ST POND JACKSONWMA (S of Hwy 12) BOUTWELL (S of 80`" St.) Long Lake Analysis - XP -SWMM modeled elevations for existing conditions - with Menard's Pond improvements Storage Node Name DNRWETLAND 316W NON INVEN1 (W of Kern) NON INVEN3 (W of Kern) HWY36POND (S of Hwy 36) Ravinel* (N of Hwy 36) Ravine2* (N of Hwy 36) Ravine3* (N of Hwy 36) Ravine4* (N of Hwy 36) Furgala Property (S of 62 St.) LONG LAKE 72 ST POND JACKSONWMA (S of Hwy 12) BOUTWELL (S of 80 St.) 100 -year 24 -hour Event 929.77 928.04 927.41 913.05 902.20 901.05 900.98 900.97 900.97 893.55 893.12 892.92 889.85 929.78 928.05 927.41 913.06 902.20 901.04 900.96 900.96 900.96 893.42 893.04 892.82 889.85 elevations for existing Peak Elevation for Event 10 -year 24 -hour Event 929.10 927.35 927.23 912.34 901.98 900.68 898.58 897.99 897.06 892.42 892.34 892.16 889.61 Peak Elevation for Event 100 -year 24 -hour 10 -year 24 -hour Event Event 929.10 927.35 927.23 912.34 901.98 900.68 898.58 897.99 897.06 892.35 892.28 892.11 889.61 * The ravine north of Highway 36 is divided into 4 cross - sections in the XP -SWMM model. conditions 1 -year 24 -hour Event 927.69 927.12 927.12 911.95 901.55 899.98 897.82 896.69 894.33 891.27 891.24 890.88 889.26 1 -year 24 -hour Event 927.68 927.12 927.12 911.95 901.55 899.98 897.82 896.69 894.33 891.25 891.22 890.87 889.26 Brown's Creek Watershed District H/H Model Results 8/13/2003 • • • Long Lake Management Study SCENARIO— MANAGING THE LAKE AT 889 WITH IMPROVEMENTS AT 72 JACKSON WMA, COUNTY 12 • Key Reference Elevations: o Average spring and summer water level experience -- 889.4 Typical levels recent years have been 890 -890.5 o 10 -year storm event – 891 o 100 -year storm event -- 892.1 • Implications for Homes and Yards o Height of storm bounce would be lower than current o Lake would return to normal level more quickly o No additional flood protection for homes • Estimated cost: $ 0 o No additional easement acquisition by city • Additional cost: $ 0 • Cost to change culvert & pipe elevations $ 0 • Downstream improvements o Existing culverts under Interlachen replaced with larger box culverts o Channel north of Interlachen widened o Jackson WMA wetland restoration o Weir at County 12 modified • Est. cost of downstream improvements $ 500,000 • Water Quality Improvements o Dredge sediments at south end of lake • Estimated cost $ 50.000 889 OPTION EST. TOTAL COST $ 550,000 • • • Long Lake Management Study SCENARIO— MANAGING THE LAKE AT 890 -890.5 WITH IMPROVEMENTS AT 72 JACKSON WMA, COUNTY 12 • Key Reference Elevations: o Average spring and summer water level experience -- 890.1 -890.7 Typical levels recent years have been 890 -890.5 o 10 -year storm event – 891.7 -892 o 100 -year storm event– 892.5 -893 • Implications for Homes, Yards, and Infrastructure o Height of storm bounce would be similar to recent years. o Lake would return to normal level more quickly o One home requires protection to maintain 1' freeboard • Estimated cost: $ 10,000 o No additional easement acquisition by city • Additional cost: $ 0 o Cost to change culvert & pipe elevations $ 25,000 • Downstream improvements o Existing culverts under Interlachen replaced with larger box culverts o Channel north of Interlachen widened o Jackson WMA wetland restoration o Weir at County 12 modified • Cost of downstream improvements $ 500,000 • Water Quality Improvements o Dredge sediments at south end of lake • Estimated cost $ 50.000 890 -890.5 OPTION EST. TOTAL COST $ 585,000 • • Long Lake Management Study SCENARIO — MANAGING THE LAKE AT 891.5 WITH IMPROVEMENTS AT 72 JACKSON WMA, COUNTY 12 • Key Reference Elevations: o Average spring and summer water level experience- - Typical levels recent years have been 890 -890.5 o 10 -year storm event – o 100 -year storm event -- • Downstream improvements o Existing culverts under Interlachen replaced with larger box culverts o Channel north of Interlachen widened o Jackson WMA wetland restoration o Weir at County 12 modified • Water Quality Improvements o Dredge sediments at south end of lake • Estimated cost 891.6 893 893.7 • Implications for Homes, Yards and Infrastructure o Height of storm bounce would be higher than recent o Lake would return to normal level more quickly o Nine homes require protection to maintain 1' freeboard • Estimated cost: $ 90,000 o Additional easement acquisition by city • Additional cost: Minimum $ 200,000 • Cost to change culvert & pipe elevations $ 150,000 • Cost of downstream improvements $ 500,000 $ 50.000 891.5 OPTION EST. TOTAL COST MINIMUM $ 990,000 Fish poisoning tirst step to restoring Lake Utiristma news freetime - travel - homezone - cars - shopping - working metro; region - nation; world - politics - business - sports - variety - opinion - fun & games - talk - classifieds Welcome, sbuss Not vou? Click here Member Center Log out sports ap sports tv schedule sports photos news graphics outdoors outdoor news fishing golf tennis soccer biking recreation archive stories reprints projects sports fun fantasy contests upickem football contest featured services teamstore buy /sell tickets contact us corrections feedback Fish poisoning first step to restoring Lake Christina Doug Smith, Star Tribune Published October 1, 2003 DOUG01 ASHBY, MINN. -- The flock of 20 blue - winged teal appeared out of nowhere, whistling over our decoys like jet fighters. John House fired his 12 -gauge once, twice. Two ducks fell to the water with a splash. "Oh, man, that was fun," said House, 47, of Evansville, Minn. Ducks were flying on Lake Christina on Monday, pushed by a chilly northwest wind and low, dirt-gray rain clouds. Teal, mallards, ringnecks and a few scaup and redheads visited our decoy spread. Some stayed. But the good hunting was deceiving. "We were fortunate," House said. All is not well on Christina. Christina's waters once were clear and lush with sago pondweed and other vegetation -- a virtual salad bar for waterfowl. The lake used to attract 200,000 canvasback ducks each fall -- one -fifth of the entire continental population. It was a refueling stopover for other migrating ducks in the spring and fall. "It was a duck magnet," House said. "But the salad bar is closed. Just look at the water; she needs some help." She'll get it this month. One of Minnesota's premier duck lakes is sick -- again. The turbid water is the color of diluted pea soup. There is very little vegetation for ducks to eat. The bullrushes, once thick and attractive for ducks and hunters, are mostly sparse. Ducks Unlimited, the state and members of the Christina/Ina/Anka Lake Association (named for the three connecting lakes) are spending $1 million in an ambitious effort to restore Lake Christina. Helicopters will spray the 4,000 -acre, shallow lake with rotenone, a chemical that kills rage 1 oz Lf Utilities Email t t'AIM thi Print 0 Ei Make 1 homep Search News More search Featun OoenSee Buy /self t sporting E http: / /www.startribune .com/stories /503/4128903.html 10/1/2003 Fish poisoning first step to restoring Lake Uhristma rage z or 4 fish. The state and groups also are building fish barriers and water - control structures on small waterways flowing into Christina, to prevent fish from re- entering the lake. The little 200 - member lake association has raised $160,000 for the project. "Waterfowling up here is just shy of a religion," said House, a wildlife artist, passionate waterfowler and member of the lake association. Christina's problems aren't new. Neither are the solutions. Both are complex. Simply put, Christina is a victim of too much water and too many fish. It's natural ecosystem is out of whack. Here's how it happens: Too much water Christina historically had been a shallow lake with few fish that produced thick vegetation ideal for waterfowl. Nature controlled any fish by periodic winter freeze -outs. But postsettlement land -use changes, including farming and drainage, now send more water into the lake. And it doesn't escape as fast as it used to. A water control structure was installed in the 1950s to help maintain the water level in neighboring Pelican Lake, a fishing lake with resorts and cabins. Some blame that structure for much of the problem, saying Christina would be a foot or more lower without it. If Christina's levels were lower, its fish more often would face winter kill. But for both political and economic reasons, that structure likely will stay. Too many fish Besides more water, there are more fish. Carp, introduced in Minnesota in the 1880s, found their way into Christina in the past 30 or 40 years. Because the lake doesn't freeze out regularly, other small fish thrive, too. The fish are bad for two reasons: The carp and native bullheads root up vegetation, killing it and helping to cloud the water. Other small fish eat zooplankton and other invertebrates, tiny critters that eat algae and help keep water clear. Sunlight can't penetrate the cloudy water, and more vegetation and small http: / /www.startribune .com/stories /503/4128903.html 10/1/2003 Fish poisoning first step to restoring Lake Christina ?age 3 of 4 • aquatic critters die. • Once vegetation is gone, waves more easily stir up sediment, further clouding the lake. It's a death spiral for the lake. "Put a coffee can over your yard for two weeks, and then look underneath and see what you have," said House. "That's what's going on here." Another fix The solution -- poisoning all the fish in the lake -- isn't new. It was done in 1965 and 1987 and worked, temporarily. "The water was as clear as gin in the mid- 1990s," House said. "And, oh, the ducks." But then the lake gradually slid back to its ugly former self. The poisoning won't kill every last fish, officials say. "It's impossible to keep all the fish out," said Jon Schneider, a Ducks Unlimited biologist working on the project. But Schneider, lake association members and state officials all say that the addition of fish barriers and water control structures give Christina a better chance this time. Estimates on how long the treatment might last vary from seven to 20 years. No one doubts that Christina's water will be clear in a couple of years, but most say continued efforts to control fish will be necessary. "There's no one - fix," said Ray Norrgard of the Department of Natural Resources. Norrgard said he hopes that winter -kill can be induced periodically by using the new water - control structures to lower water levels, and perhaps by occasionally poisoning deep spots in the lake where fish find enough oxygen to survive. Time will tell if Christina's long -term health can be restored without another massive and expensive poisoning. But House and others long to see thousands of canvasbacks feeding on Christina's restored salad bar again. "Clearly you can see it's a lake that's worth the time and expense," House said after retrieving another downed duck. http: / /www.startribune .com/stories /503/4128903.html 10/1/2003 • • • rya tram rim ME 11111 III In rie VS C al 11 IN II IS x (%: c c c u • 900 I 895 -- 890 8851 880 E./115,71NC GROVND 905 - PRoPOSEq PROPOSED PATH ' I I 1 ; I ! 20 40 60 80 100 SECTION A-A .4. 120 CITY OF STILLWATER mi AUAR FEASIBILITY STUDY 510\ 51003\ 51003W06.DWG 12\ 10\ 97 COMM. 51003 WM 140 160 • • \ BIKE AND PEDESTRIAN PATH PEDESTRIAN BRIDGE PATH BY OTHERS 915 910 `, 905 • 4-:`• 900 895 -4.- 890 885 880 • • EXISTINvg PIRQVP-D-' .• 1 PROPOFED ;GROUND • PR PO.E D RETAINII4G "4. .... POED L PAt m+ 1- 20 40 60 80 100 SECTION B-B' LEGEND: EXIST. 1 CONTOUR EXIST. 5' CONTOUR PROP. 1' CONTOUR PROP. 5' CONTOUR PROP. BIKE AND PEDESTRIAN PATH ao too '0 120 •• ,,,„ ,, ..,. --,-... S'''' In 7 ..,......._ ,,„ ---- • 411Cir „.„ ....., . , ...',e, .'! -, - , 7 ,,e, —,a________,.....„,..,,,, -,.„----_,--,-----=-- ...:/// ____,---xr.,/"..' ''''' , .,• - e. ,- ."-;. - .-- - -' --. -- - .„,,,-. 7 .• ,,, /,'" =--- - ' i - i 1 1 I PHASE 1 — DITCH IMPROVEMENT BETWEEN CSAH 12 AND OLD TROLLEY BRIDGE 140 160 FIGURE 3 • • • Bonestroo Rosene MON Anderlik & VI Associates Engineers & Architects IWO v Q �p „5) m Qp 4. 4P Qv ci ��M I WY�" M1rl'w.M "Tf 2m = 6.6 feet (nihow Z , ,rT,' �' " � O m " a0w a ° Nn ma .co Z FIGURE 5 — GENERALIZED CROSS SECTION OF A MEADOW-MARSH-OPEN WATER COMPLEX Stb4 - ketnA► L Mayor and Council Members City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Dear Mayor Kimble, October 24, 2003 In the near future you will be asked to make a Great Moral Decision. Should you: • Honor a legal agreement struck 27 years ago to protect the homes of Iakeshore owners, including Mrs. Pizinger living in the lowest house, OR, • Give that safety margin to individuals who moved to the lake in recent years in order to improve their recreation and aesthetic needs? DNR permit No. 76 -6047 set the control level for Long Lake at 889 feet in 1976. As many as four engineering studies and the AUAR study have confirmed that level as necessary to protect all the homes from flooding. On • December 16, 1997, the Stillwater City Council voted unanimously in Resolution 97300 to return Long Lake to the 889 -foot control level required by the DNR. Recently, we participated in a Citizen Advisory process to examine the acceptability of alternate control elevations, including 889, 890.5 and 891.5. We can accept only the 889 level as required in the DNR Permit. Under Minnesota constitution and laws, our property may not be taken or damaged on a regular basis without compensation. Further, there must be a public purpose and public benefit before public money can be spent to take property, or construct dikes around homes. The utilization of money is not in accordance with proper use of public funds for increasing lake water levels in a lake in an attempt to create a 'private yacht club.' The definition of this is governed by the DNR permit. Any digression or change is subject to scrutiny and the improper use of public monies. Legal counsel has advised us on these issues. All drainage easements on Marine Circle are recorded with the Washington County Recorder in Declaration #320619, which records drainage easements by reference to the specific plat for each lot. Based on our plat, our lot has over 2400 square feet currently submerged above the upper reach of • our easements at the drought elevation of 889.6. Any control elevation greater than 889 will take substantially more of our property, and destroy trees, amenities, and our lifestyle. Among the three alternative control models only the 891.5 alternative assumed any costs for easements. This $200,000 estimate appears to be a gross underestimate given that lake front lots in Liberty are selling for approximately $10 per square foot, and that there are a large number of property owners impacted around the lake should you choose to raise the control elevation above 889. Based on our recorded easements, any control elevation above 889 must also include costs for easements. In the October 1 Citizen Advisory meeting, the City Engineer discussed the use of a notched control structure in the new outlet to improve water quality. Such a feature would serve only to raise the average operating level of the lake. If the Council approves any control elevation other than 889, we will pursue legal action for taking our property. Further, the 889 control system must be constructed without any structures that would make the system operate at a higher average level than modeled by Emmons & Oliver Resources for the Citizen Advisory meetings. Correctly built, the 889 system provides the lowest house with 17 inches of freeboard as intended in 1976. As taxpayers, we hope the City Council reaffirms the correct legal and moral decisions made in 1976, and again in 1997. Very Sincerely, Helen and Lee Miller 2962 Marine Circle Attachments: Relevant pages of December 16, 1997 City Council Minutes Miller Letter of September 30, 2003 accepting only 889 control level. CITY OF STILLWATER CITY COUNCIL MEETING NO. 97 -31 December 16, 1997 • REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Absent: Councilmember Cummings (arrived 7:50 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell City Engineer Eckles Gerald Fontaine, Planning Commission City Clerk Weldon Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES *Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the minutes of December 2, 1997, Regular and Recessed Meetings. All in favor. CONSENT AGENDA* Motion by Councilmember Bealka, seconded by Councilmember Thole approving the Consent Agenda. Ayes: Councilmembers Zoller, Thole, Bealka and Mayor Kimble. Nays: None. Absent: Councilmember Cummings. 1. Resolution 97 -287: Directing Payment of Bills. 2. Resolution 97 -288: Permanent employment of Rose Holman as Secretary. 3. Resolution 97 -289: Renew Towing License for 1998 - Stillwater Towing. 4. Resolution 97 -290: Employment of warming house attendants. 5. Resolution 97 -291: Designation of depositories for 1998. 6. Resolution 97 -292: Approving contract with Chuck Bailey Construction for installation of picnic shelters at Lily Lake Beach picnic area. 7. Contractors Licenses: Jim Greeley Signs and Awnings, Richland Center, WI; Beaver Plumbing Co., Inc., Cedar, MN; Kellison Company, Oakdale, MN; Jim Weber General Contracting, Inc., Stillwater; and Bayside Neon, Inc., Stillwater. 8. Resolution 97 -293: Relating to reimbursement bond regulations under IRS code. 9. Maintenance agreement with IKON Office Solutions for photocopiers. - City'Council Meeting No. 97 -31 December 16, 1997 Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt Resolution 97 -299 approving change orders for rock and fabric at retaining wall ($2,800) and fencing to protect top of retaining wall ($2,200), St. Croix Valley Sports Complex. Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble. Nays: None. Community Development Director Russell reported staff had received and reviewed product information for selection of surface for field house. Various sites with different surfaces were visited and discussions held with the architect and representatives of the St. Croix Soccer Club. Staff is recommending Astrograss because of the broader community use, lower maintenance costs, and air quality considerations. The sand filled products were preferred by the Soccer Club. Kevin Foster, St. Croix Valley Soccer Club, stated he felt other uses would be accommodated by the use of a play surface over the sand. He also felt the air quality was not affected by the sand filled surface, citing the Woodbury facility as an example. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97- 305 awarding contract to Southwest Recreational Industries, Inc., for field house playing surface (AstroGrass) in the amount of $395,000, bid alternative 7C -2, without sand. Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble. Nays: None. Community Development Director Russell also presented a memo from Dick Olsen suggesting the sports facility commission be reactivated to raise funds for project enhancements such as refrigeration of outdoor ice or arena seating. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to return with list of possible members for possible reactivation of St. Croix Valley Sports Facility Commission. All in favor. Community Development Director Russell then discussed the request of MnDOT to construct a park and ride lot on the complex property, as presented to Council at the last meeting. He requested authorization to have the civil engineer for the sports complex prepare plans and cost estimates; this would allow the State to proceed with the bidding process. Motion by Councilmember Thole, seconded by Councilmember Bealka authorizing the civil engineer for the sports complex to prepare plans and cost estimates for park and ride lot at sports complex property. All in favor. The Mayor recessed the meeting at 8:15 p.m. and reconvened at 8:40 p.m. (Return to items 4 & 5 of agenda order) 4. Annexation Area Storm Sewer Feasibility Report - Development Agreement for annexation area Sherry Buss, Bonestroo Rosene Anderlik & Assoc., presented the final report on the Stillwater 5 - City 'Council Meeting No. 97 -31 December 16, 1997 (AUAR) Storm Water Feasibility Study. The report describes three phases of improvements that deal with Long lake flooding, diversion of runoff to Lake McKusick and Browns Creek reconstruction. The improvements are necessary to reduce Long Lake flooding and mitigate impacts to trout stream from future development. Dan Edgerton, Erik Peters, and Robert Schunicht were also present. Erik Peters discussed historical lake levels and other technical aspects. It was noted the current level is 1 '/ feet higher than allowable by DNR permit. City Engineer Eckles stated the City needs to cooperate with the DNR in following the regulations and decrease the level as required by the DNR. If the property owners want it maintained at the current higher level, they must all agree to the higher level, petition the City, and the City in turn must petition the DNR for an amendment to the permit. City Engineer Eckles reported the costs associated with these improvements are proposed to be recaptured by charging new development within the expansion area. Motion by Councilmember Thole, seconded by Councilmember Cummings, to adopt Resolution 97- 300 receiving final report, the Stillwater (AUAR) Storm Water Feasibility Study, and adopting financing method concept to recoup annexation area storm sewer costs. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. S. Development Agreements for trunk sewer and water, The Legends of Stillwater and Liberty of Long Lake City Attorney Magnuson presented draft development agreements, explaining adjustments will be made by computing the net developable acreage for purposes of the trunk sewer and water oversizing credit and also for determining the anticipated storm water benefit that will be used to off -set the oversizing work on the trunk sewer and water that will be done by the developers. He stated the drafts will be reviewed by the developers, numbers finalized, and the agreements will be returned to Council for final approval at a later meeting. (No action necessary at this time) 8. Report: Sale of City owned land in Business Park to Lakeview Hospital. Community Development Director Russell reviewed the offer from Lakeview Hospital to purchase 7.5 acres of city -owned land in the business park for $650,000. The intended use is for medical related service. They indicated the vacant space could be used for soccer fields in the interim. If it is determined the space is not needed for medical facilities, the hospital would work with the city on an appropriate use of the site. Councilmember Zoller questioned if there was a need to sell the land now or if it would be better to hold it and sell after it has increased in value. Finance Director Deblon reported the offered price is approximately what the City has in it now. The value would not increase sufficiently to offset the costs of taxes paid in the interim. City Attorney Magnuson reported this parcel does not fall under the provisions of the City Code for public notice of the sale of City land. That provision specifically excludes land held for redevelopment; it pertains to land held for park or public use. 6 - City`Council Meeting No. 97 -31 December 16, 1997 should not be significant. Another feature of the new law authorizes the City to waive the $300,000 per person limitation on liability and leave the $750,000 per occurrence limit. This would result in a 3.5% increase in liability premium base, at an estimated cost of $4,400 to $5,000. Motion by Councilmember Bealka, seconded by Councilmember Thole to maintain the same per person limitation on liability and per occurrence limit in 1998 as in 1997. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn to executive session to discuss labor relations negotiations at 11:01 p.m. All in favor. Attest: City Clerk 10 Resolution 97 -287: Directing Payment of Bills. Resolution 97 -288: Permanent employment of Rose Holman as Secretary. Resolution 97 -289: Renew Towing License for 1998 - Stillwater Towing. Resolution 97 -290: Employment of warming house attendants. Resolution 97 -291: Designation of depositories for 1998. Resolution 97 -292: Approving contract with Chuck Bailey Construction for installation of picnic shelters at Lily Lake Beach picnic area. Resolution 97 -293: Relating to reimbursement bond regulations under IRS code. Resolution 97 -294: Awarding the sale of $4,610,000 General Obligation Sports Center Bonds, Series 1998A, to Solomon Smith Barney. Resolution 97 -295: Adopting final tax levy of $4,216,986 for the Year 1998. Resolution 97 -296: Adopting the final budget of $6,497,274 for the Year of 1998. Resolution 97 -297: Approving construction manager agreement with George W. Olsen Construction Co., Inc., for St. Croix Valley Sports Complex Resolution 97 -298: Awarding contract to Area Mechanical, Inc., for mechanical work and Gephart Electric Co., Inc., for electrical work for St. Croix Valley Sports Complex Resolution 97 -299: Approving change orders for rock and fabric at retaining wall ($2800) and fencing to protect top of retaining wall ($2200), St. Croix Valley Sports Complex Resolution 97 -300: Receiving final report, the Stillwater (AUAR) Storm Water Feasibility Study, and adopting financing method concept to recoup annexation area storm sewer costs. Resolution 97 -301: Designating Stillwater Gazette as official publication for Legal Notices, Stillwater Courier as official publication for Proceedings, approving 3% increase from 1997 contract, and authorizing execution of contracts for 1998 Legal Newspapers. • Mr. Klayton Eckles, City Engineer City of Stillwater 216 North Fourth Street Stillwater, MN 55082 • Dear Klayton, cc: Sherri Buss, Bonestroo, Rosene, Anderlik & Associates • Allen D. Barnard, Attorney at Law Best & Flanagan, LLP September 30, 2003 As it does every year, the Circle of Life has transformed this wetland we call Long Lake. Cool September thunderstorms dropped the water temperature, and within the week all types of algae disappeared, opening the bottom to sunlight and germinating next year's crop of coontail and other bottom plants. The storm water erased half of the mud flats, and the remaining flats are now green with baby plants. This year's bumper crop of seeds from the shoreline plants is dropping and finding safe haven until next Spring. Our most curious friends the kinglets, have stopped over on their trip to the Gulf, showing off their numerous children, and teaching them to glean food from our lakeside shrubs and to catch the hatching lake flies. And each night, the Canadians are gathering their children off our shore and talking until the wee hours of the morning about the long trip south. What a beautiful place to live! Long Lake has taught us this year that she is just as beautiful at 889 as at higher elevations. Even the boaters who were cautious have found she will accommodate them. Long Lake is a gorgeous wetland, and will continue to be a beauty for all who open their eyes to her. DNR permit No. 76 -6047 has set the control level at 889 feet since 1976. Four engineering studies and the AUAR study have confirmed that level. Under Minnesota constitution and laws, our property cannot be taken or damaged on a regular basis without compensation. We have sought legal counsel and are developing estimates of property loss for alternative control levels above 889. We thank the engineering team for all their efforts and for the sound data they provided. And we thank Long Lake for showing us the way. We look forward to implementation of the outlet so that our property will be safe. Sincerely, Helen Miller 71/,,(47, Lee Miller 2962 Marine Circle Stillwater, MN 55082 • To: Stillwater City Council & Mayor From: Don Peterson 7130 Mid Oaks Avenue Stillwater, MN 55082 • • Subject: Long Lake 10/23/03 You will soon be asked to let the 3 stage of the Brown's Creek diversion projects. You may be asked to raise the normal lake level for recreational purposes. You will definitely be asked to maintain the normal lake level of 889 by many of us. Here is the history of Long Lake water level problems: Prior to 1976. there was no outlet to Lono Lake. In 1976 • Due to flooding in 1975, A.B. Jackson (the original owner of Mid Oaks and some Orrin Thompson additions) gave the DNR property between 72 and County Road 12 to provide for an outlet which would drain into Brown's Creek. This gift was made to prevent flooding of properties. • The DNR and the City established a normal lake level of 889. • A contract was let to provide an outlet for the lake, pipes under 72 set at 889, and excavation through the DNR property to allow free flow. • Long Lake and the DNR property were to act as one basin at an elevation of 889. • The DNR granted a permit for this work. • Although much of the project is in the township, the City is responsible for maintenance of the system. The DNR permit • Because warm water would degrade Brown's Creek as a trout stream, a weir (small dam) was constructed at County Road 12. The weir under County Road 12 • The weir has a gate which opens to 889. The top of the weir is at 891.4 at which point the water would overflow. The gate was to remain open from October 1 to April 30 to bring the lake level down to 889. From April 30 to October 1 the gate is to remain closed except when the air temperature is 65 degrees or lower. • The operation of the gate could be changed to better reflect actual conditions. • Adjustments shall be made to provide maximum protection to the resource and the public." • The City was directed to shut off 72 and make an open channel to the DNR property instead of pipes upon completion of County Road 12. • The permit is still in effect. Why 889 is important • The engineers say that the actual water level will normally be a half foot higher than the design elevation. • Under normal soil saturation conditions, the normal bounce in the lake is five times the rainfall; e.g., a 4 inch rain over 24 hours will raise the lake 20 inches. • According to the Long Lake Outlet Study of 1976, the AUAR Study, the Long Lake Study of 1996, and the presentations to the Long Lake task force, 889 is the only level considered which will prevent flood damag to low lying homes and properties in case of a 100 year storm. What has happened since 1976 • In 1996, the weir gate was permanently opened to 889 with no summer closure. This was done because overflow at the weir would be far greater in amount than water going through the gate, thereby sending more warm water to Brown's Creek than desired. The permanent opening of the gate is in accordance with condition 12 of the permit. • In 1996, the Long Lake Study, Phase 1, reaffirms that the lake should be maintained at 889. • In 1997, the AUAR reaffirms that the lake should be maintained at 889. • In 1997, the City Council passes a resolution accepting the AUAR, the lake level at 889, and three projects to divert Long Lake water from Brown's Creek by sending it to Lake McCussick and the river. • In 1997, the culverts under 72 were replaced. • In 2002, City provided sand bags for 2 properties. The largest storm was Tess than a 1 year storm event. . Why the lake has been higher than 889 (In 2002. the averaae elevation of the lake was 890.5) • The new culverts under 72nd were replaced a half foot higher than 889 by mistake. • The City has been negligent in maintaining the system since 1976, contrary to the permit. o The pipes under 72 are half silted in. o The channels to and through the DNR and northward are overgrown and silted in. o North of County Road 12, a dam built by kids has not been removed. o The south end of the lake has experienced siltation due to development construction activities. • Please note: According to your engineers, the level of the lake in no way affects the water quality. Here are the options you have: This example shows the lack of maintenance at the north end of the pipes under 72 We have a series of pictures from Long Lake to the diversion for your review if you so wish. The pictures were taken on 10/7/03. Option 1: Maintain the lake level at 889 as Per the Permit and City resolution of 1997 > Widen and deepen the channels through the DNR property to maintain an 889 elevation. > Create an open channel, conforming to an 889 elevation, between Long Lake and the DNR property by making a cul -de -sac on 72 or construct a large enough culvert at an actual 889 level to not restrict flow between them. > Remove the weir. With the first two diversion projects complete, the weir is not necessary. > Clean out the channel north of County Road 12. > Remove siltation due to construction activities at the south end of the lake. > Develop and implement a maintenance plan to keep the system operating as designed. Option 2: Raise the normal lake level above 889 > Raising the lake would require drainage easements on all lake and adjacent pond properties. > If the level is raised, living conditions for many families would be so changed that the City would be required to buy us out. We don't want to move. • • • • Option 3: Do nothing > The City is in violation of the existent DNR permit by not maintaining the 889 normal lake level. > The City is at risk of liability in case of flooding. > The City has committed to maintaining the lake level at 889. The intent of providing an outlet to Long Lake was clearly to protect homeowners from flooding. Yes, you have the right to condemn our property; however, to spend up to millions of dollars in purchasing properties so that a few people can run their pontoon boats a few feet closer to the tree line is not good public policy. Please honor the City's commitments since 1976 by proceeding with the project as outlined above in Option 1. If you have any questions or wish to discuss this further, please call (439 -0170) or email (dadoete( msn.com).. Thank you, Don Peterson • • Subj: Long Lake Date: 10/27/2003 2:16:58 PM Central Standard Time From: d s fabio( vahoo_com To: EIB@aol.com CC: ikimbleOci.stillwater.mn.us, d s fabiovahoo.com Gary, I saw the proposal by Klayton Eckies for Long Lake. I find it very hard that he would go against the wishes of the property owners on the lake when he was part of the AUAR in 1997 that agreed it would take a unanimous agreement of landowners to change the lake level from 889 ft. When can we start believing the city and their promises ? ? ?? Changing from 889 to 890.2 will require the purchase of amended water easements from many properties, reduce the safety margin on all the houses below the margin required for houses on the west side of the lake, and cost the city a lot of money in legal expenses. Is this a good use of city money? Since when does a private yacht group of 3 dictate that kind of expenses. The lawyers have already stated - and this included the watershed, that any change from 889 will be very expensive and be tied in court for some time. The AUAR agreeement was to get start quickly in protecting the houses - not delay and delay. Please consider the correct decision tomorrow night. You might want to ask Klayton why he would change the lake level without a formal request from the residents when he knew the standard he set required unanimous decisions. Is he the proper person for handling the cities engineering expenses? Please consider this as my offical request to stay at the present permitted number of 889 as set by the AUAR. Sincerely, • David Fabio 2946 Marine Circle Stillwater, MN 55082 Monday, October 27, 2003 America Online: EIB rage 1 01 z Subj: Long Lake Management Plan Comments Date: 10/27/2003 1 :09:46 PM Central Standard Time From: c parendo(pyahoo.com To: jkimble( ci.stillwater.mn.us, EIB @aoLcom Attached are comments for tomorrow's meeting. 1 dropped them off at City Hall to be included in the packet. FYI - The figures referenced are only in City Hall's copy. Thanks, Carol Parendo Do you Yahoo!? Exclusive Video Premiere - Britney Spears Monday, October 27, 2003 America Online: EIB rage i of i • October 25, 2003 • Mayor Jay Kimble and Members of the City Council City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Dear Mayor Kimble and City Council Members, Last Saturday 1 received a copy of the Long Lake Management Report and the recommendations the City Engineering Dept. plans to present to the Council on Tuesday evening, October 28. This is to let you know in no uncertain terms, that any recommendation other than 889' for the outlet pipe and operating levels throughout the year are not acceptable to me. Our homes on Marine Circle were first platted, built, afforded flood protection, and given easements according to an 888.7' lake level. The DNR permit issued in 1976 was for 889', which still gave us adequate protection. Since then, four engineering studies have reaffirmed the 889' level as the only one that gives our homes adequate flood protection. And lastly, City Council adopted and approved the recommendation • of 889' from the AUAR Feasibility Study in 1997. Please read these excerpts from the minutes for the City Council meeting No. 97 -31 on December 16, 1997: "....It was noted the current level (890.5'Xof Long Lake) is 1 '/2 feet higher than allowable by DNR permit. City Engineer Eckles stated the City needs to cooperate with the DNR in following the regulations and decrease the level as required by the DNR. If the property owners want it maintained at the current higher level, they must all agree to the higher level, petition the City, and the City in turn must petition the DNR for an amendment to the permit." We are NOT all agreeing to a higher level. Indeed, many of us are in violent disagreement with raising the level of the lake because it jeopardizes our property. The flood protection we currently have is already at a minimal level compared to other municipalities, and is two feet less than that of properties in Liberty and Legends! You should also be aware that the City does not have a purchased easement for flooding more of my land, and that the purchase of that easement for my property and many more properties on Long Lake will be at substantial cost to the taxpayers of Stillwater. During these times of belt - tightening and limited funds, the City of Stillwater can ill afford to purchase hundreds of thousands of dollars worth of easements from Marine Circle property owners -- even if property owners were willing to sell them -- and I can assure you, I am not. Please do the right thing and put a quick end to this nonsense. The new outlet to Long Lake must remain at 889' and the system must be controlled without -any structures that would make the system operate at a higher average level than modeled by Emmons & Oliver Resources, or I will have to pursue legal action for the taking of my property. Sincerely, V(60f-e--t Laurie Maher 3018 Marine Circle Stillwater, MN 55082 • • • • October 22, 2003 Stillwater City Mayor Stillwater City Council City Administrator City Engineer Re: Long Lake Management Study Advisory Committee Compromise Proposal Dear i As members of the Long Lake Advisory Committee, we represent the neighborhoods of the "Legends" (153 homeowners), "Liberty on the Lake" (253 homeowners) and individual lakeshore homeowners. This collective group represents ownership of the majority of the lakeshore property. Our charge as a Committee was to develop a proposal to be presented to the council. This proposal for management of Long Lake was to address the following: • Minimize flood potential • Environmental protection • Property value preservation • Maintenance /enhancement of aesthetic values and recreational opportunities Klayton Eckles did an excellent job in trying to pull together a coalition to allow the development of a plan. The recent article in the St. Paul Pioneer Press including quotes from a couple of Committee members was very disturbing to those of us on the Committee that were making an effort to develop a compromise plan fair to all property owners. We thought the best way to address the fallacies quoted in the article was to share with you our compromise proposal that was presented at our last meeting on October 1, 2003. It is stated in the article that our compromise proposal was to raise the lake water levels. This is NOT ACCURATE. Our compromise proposal actually lowers the spring/summer control level by 0.6 feet compared to the level 891.4, set by the current Department of Natural Resources (DNR) permit which presently specifies allowable Long Lake water levels. This permit was granted to the City on May 18, 1976. The following chart compares our compromise proposal, control 890.8 to the current DNR control. Spring/Summer Long Lake Water Level Controls DNR Permit Current Control 891.4' 890.8' HWL 893.5' 893.2' (High Water Level) 100 Year Rain Spring/Summer 891.4' 891.0' Average 2 Compromise Proposal Control 890.8' • • • • • • CONCLUSION: At the HWL (100 year rain) our compromise proposal control 890.8' is actually 0.3 feet lower than the current DNR permit allows. In addition, our compromise- Control 890.8' is 0.6 feet lower than the current DNR permit water level for spring/summer averages. The compromise proposal - Control 890.8' for flood protection is an improvement over the current DNR permit. It is interesting to note that these low elevation homes, built in the mid 1970's, the Committee members quoted in the article have not had their homes flooded even with the higher lake levels allowed by the current DNR permitted specified levels. The following chart compares the two different design controls to the lowest walkout basement on the lake. Current DNR Permit Control Lowest walkout basement on lake 894.2' HWL (high water level) 100 year rain 893.5' Difference 0.7' Compromise Proposal Control 890.8' Lowest walkout basement on lake HWL (high water level) 100 year rain Difference CONCLUSION: • The current DNR permit only provides 0.7' freeboard on homes • Compromise proposal — Control 890.8'- provides 1.0' of freeboard on homes as required by the City of Stillwater on Long Lake 894.2' 893.2' 1.0' Most importantly, the new upstream and downstream control designs being put in place presently and those proposed by the Brown's Creek Watershed District (BCWD) engineers will provide better flood protection than lake property owners have ever had. These new BCWD control designs will now provide control of water coming into and going out of Long Lake. The new design controls include the new pond for the Kohl Development and the Menards pond. Also, the new Brown's Creek diversion which opened in June 2003, now allows excessive water to be emptied into the St. Croix River without worry about high water temperatures restricting the amount or if any water could be released from Long Lake (see DNR permit). An additional key improvement with the new BCWD control designs should please property owners in that high water levels will be lowered in 5 days rather than the present 14 days. CONCLUSION: The Brown's Creek Watershed (BCWD) engineers have assured us that the compromise proposal — Control 890.8 — is achievable within their new BCWD control designs. For the first time, lake property owners will have a well - designed flood protection plan with the new BCWD design controls and the compromise proposal — Control 890.8. Also, the compromise — Control 890.8 meets another Committee goal of allowing adequate water levels for recreational and previously City approved boating activity. Another issue that came up at our committee meeting was a resolvement of the Pizinger home. The Pizinger home is located at 2803 Interlachen Drive, which is not on Long Lake but is actually 2 ponds away. The Pizinger pond water levels are largely impacted by huge water volumes from 2 storm sewer drainpipes from Croixwood. Long Lake, if it is quite high will influence the pond levels. The compromise proposal is to address this home separately, as it is lower than any lakeshore home. The City Engineer and the City Engineering Consulting Firm have drafted several proposed solutions for the Pizingers. We all recognize that these types of costs should be included in the Long Lake project. 4 • Additional Recommendations (Compromise Proposal) • • Enhance fishing opportunities by installing 3 aerators in Long Lake • Propose to improve water quality by reducing phosphorous concentration limits from the present level of 220 parts per billion to a target of 180 parts per billion (see enclosed BCWD water quality rules) • Dredge south end of lake to remove silt buildup resulting from many years of development in the BCWD drainage area • Address problem of excessive lake vegetation to enhance aesthetics and recreational activities • Encourage all lake property owners to help reduce lawn chemicals washed into the lake by establishing a 10 -foot vegetation strip along the shoreline. The compromise proposal — Control 890.8 addresses all the Committee goals set by the City of Stillwater. Thank you for reviewing this information. Respectfully submitted, Long Lake Manageme t Study Committee Members /101 1 rise w� lake leve When it rains, Ned Gordon war- . ily eyes the rising banks, of Long Lake in his back yard. There's not much room for "bounce" in the level of the mile - long shallow lake in Stillwater, and Gordon and other homeowners on the east side of the lake constantly worry about flooding. They are especially concerned about future flooding because some homeowners from new devel- opments on the west side of the lake have . asked the city to raise the water Ievel to promote boating and other recreational activities. A task force that included homeowners from both sides of the lake disbanded last week after they could not reach a consensus on a-.. lake management plan. City staff will present a recommendation to the City Council next month "What we're trying to do is come up with a plan that will pro- tect from flooding, protect the envi- ronment, maintain aesthetics, pro- • vide recreational opportunities and maintain property values," said City Engineer Klayton Eckles. Eckles said previous plans tq control the lake level were delayed because of construction of a diver - sionsystem designed to keep water cool in Brown's Creek, a proo-• tected trout stream. 'm eso f Natural Resources wo not allow • the city to make improvements to Long Lake's outlet system until the '� trout stream Y protection :proje�,�,���, . was complete. "Now that that is fin -" • - 'Shed, we have promised, certainly, that we would deal with high -water _ issues /flooding concerns," Eckles said. • . _ . • Eckles said he hopes construe= tion of a new outlet system coulfi start this winter and be completed " • by next spring. The city has $300,000 set aside to help pay for the project The main issue yet to be deter- mined is how high the lake's level :. should be on a day - to-day basis.' "The elevation that it starts at will determine where it ends up after a • big storm," Eckles said. The lake's level fluctuates, depending • on rainfall and runoff, but the current level = even with.; this ? ;tsummer's drought —. is 889.7 feet above- - sea level.For the last five years, the lake level has aver- aged 890.4 •feet. Engineering studies show that no homes' would flood if the starting con- trol level were 889 feet — a number that many of the homeowners on the east side of the lake support. But some Liberty on the Lake and Leg- ends homeowners on the west side have asked city officials to consider raising that by about 2 feet, to 890.8. "The people on the east side who have lived, there for 30 years have periodically had the water come up pretty high and flood yards and threaten their homes," Eckles said. "Since 1999, the lake has meas- ured a foot and half higher than 889. Folks who have 1 moved in are used to a higher ( level, especially since it's a n very shallow lake. It averages s. about 5 feet deep, so that foot and a half really makes'a big -- difference." • Rick Vitale, vice president of the board for the Traditional Homeowners' Association at Liberty on the Lake, which rep- resents 253 home sites, says the association . "obviously - wants to protect the aesthetics of the lake that were present when Liberty was founded in 1999." The upscale. develop- . went' built walking paths, canoe racks and docks along the lakeshore for residents to f enjoy. "There is a link between the ,..water level'.. to the aesthetic quality of the lake," . he said. "Anything below a certain level, where you start losing shore and it turn's into mud, you lose aesthetic quality. We might become something other - than Liberty on the Lake." Other Liberty homeowners have proposed raising one of the dozen or so homes on the east side and protecting others with earth dikes. • - But Ned Gordon balks at either idea. "Think of someone coming into your home and jacking your home up or hav- ing a dike built around your back yard," Gordon said. "Every increment above 889 (feet), you reduce . the safety margin and increase the prob- ability of flooding." S1 43 I, - Sandbags surround . the back of the home next door to Gordon's. "When you see your home just one thunderstorm away from being flooded, you do what you have to do," s Lee Miller, his neighbor "I higher than it should be because the culverts were not • installed properly.. Until they get the outlet done, I'm going to keep the sandbags there." - Miller said homeowners on the east side of the lake were to have been protected by a project approved by the city in 1997 but had to wait until the Brown's Creek improvements were made. "We waited our turn," Miller said. "Unfortunately, the new developments on the west side were allowed to go for- ward rather than waiting until we were protected. Had the Long Lake outlet been ' built first, none of this contentious and gut - wrenching process would be occurring." - Kathleen and Becky Pizinger's home is at the low- est level — their basement is at 893.5 feet. "We should all be able to live without the fear of flooding," Becky Pizinger said. "It's just not feasible (to raise the lake level). You can't turn wetland into Lake Minneto ka." Rachel Ballard, who lives in Liberty, would like to see a compromise and have the lake level set at 890.5 feet. "I know that there are peo- ple in Liberty and . Legends who would like to see it'891.5, but . I felt that was too high because it really does jeopard -. ize those pre- existing homes ±and would force the city to . come up with money to buy them out or erect a levee -berm to protect, which would deval- ue their properties. Nobody buys a house to look at a berm," she said. "I don't think -these people who lived there for 30 years - should be forced to have their - property ' values severely - degraded by dikes or flooding,. and I don't think the property owners in Liberty have the right to do that to them, and I don't think this lake should be made into something that it' not. People are so angry, and understand why because these are people's homes." Vary Divine covers Washington :ounty. She can be reached at z divine@pioneerpress.com or 51- 228 -5443. • V11.4 891,a rage 1 01 1 893 . 892 • 889 • 1 -(►1 (4— s 7 w k ; E rt. (Z 000) L D L,-, EST u- L K Our- u T 1 S iv■ T SPe,11. c.oti► � l_.. 14w L. 0 4 y t+- w TE 2 L , L.. J t oo •EAR.. (k'i SPR.IN 1 1 ) t\r\& , e. IL a- �t • Long - 82882188 t_AKF K Lv(LREtrr R PERMIT 4..01.)``r'RdL' 991,4.- 21 t, Lf g93.C l 21). ,t S 794,2- 1996 1997 1998 1999 2000 2001 2002 2003 c 0r..PRO j P to e o s, C, o ,r.etZo M1SC PRO f o Go PJTiz_01_ 9 �. 90,4 81 1, 8 / 1. 0 http: / /thoreau.dnr. state. mn. us /perl/lk hydrograph.pl?years =l0 &width= 600 &height - -400 &ic... 8/12/2003 � r . 1fRi 5oo2.46- ; (SOX wE S trE STATE OF MINNESOTA • DEPARTMENT OF NATURAL RESOUh,. dS DIVISION OF WATERS, SOILS AND MINERALS Centennial Office Building, St. Paul, Minnesota, 55101 IN THE MATTER OF THE APPLICATION OF City of Stifwater for a PERMIT TO CHANGE THE COURSE, CURRENT, OR CROSS SECTION of Long Lake 1:ashin.ton County. • W 7050 . Rev. '1/70 PERMIT PROPERTY DESCRIBED as: Section 30, Township 30IT, Range 20'.:. ' I O - V P.A. No. 76 -6047 C,RIrZEN P R N` t• Pursuant to Minnesota Statutes,. Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant, and other supporting data, all of which are made a part hereof by reference. PERMISSION IS HER EBY GRANTED to C it': Of tii1.:.r ter whose address for the purpose of notices and other communications pertaining to this permit is 216 No. 4th St. which address is subject to change by written notice from the permittee. ti1Ivig.ter, 'fn. 55082 To construct and maintain a Cater level control structure at the outlet of Long _,ake (ac per plans) . To construct an outlet channel as per plans to discharge-water to nrovrns Creek. All discharge and control :hall conform to the attached conditions a operational and monitoring plans. for the purpose of water level stabilization Washington COUNTY This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS t. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter impose law. ' 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Director of the Division of Waters, Soils and Minerals shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made. without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources. without notice, at any time he deems it necessary for the conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. SPECIAL PROVISIONS 1. Construction work authorized under this permit shall be completed on or before June 30. 1476 . Upon written request to the Commissioner by the Permit tee, stating the reason therefore, an extension of time may be obtained. It. The excavation of soil authorized herein shall not be construed to include the removal of organic matter DOES NOT APIMY unless the area from which iuch organic matter is removed is impervious or is sealed by the application of bentonite after excavation. 111. In all cases where the doing by the permittee of anything authorized bythispermitshallinvolvethetaking ,using,ordamagingofanyproperty rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned. and shall acquire all property, rights and interests necessary therefor. IV. This permit is permissive only. No liabili ty shall be imposed upon or incurrerlby theStateof Minnesota or any of itsof ficers, agentsor employees,. officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating td any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents. employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure, to comply with the provisions of the permit or applicable provision's of law. V. No material excavated by authority of this permit nor mat 5j l- #nom any other source, except as specified - herein. shall he placed 0 portion of the bed of said waters which Tics below. • „— - . It shall be the duty of the permittee to determine correctly all pertinent elevations at the site of the work for the purpose of complying with the conditions of this permit. VI. Any extension of the surface of said waters resulting from work authorized by this permit shall become public waters and lot: open and enobt.trt,rre :l ' ca use by the public. cc: Duane Elliott Banister Engineering Stillwater Township Paul Rice, C.O. Ronald Harnack, Regional Hydrologist Duane Shodeen, Fisheries Washington County .+. ova r••■ t- rn V IJIVIVJ VII, ' Receipt is hereby acknowledge of $ DOES as payment for NOT cubic yards of sand, gravel or rock and APPLY cubic yards of muck and silt, the estimated amount of material to be removed hereunder computed at the rate of ten cents per cubic yard for sand and gravel and two cents per cubic yard for muck and silt. Perrnittee agrees by acceptance of this permit as shown by commencement of work authorized hereunder to pay, by certified check, bank or postal money order, made payable to the State Treasurer and delivered to the Director, Division of Waters, Soils and Minerals, Department of Natural Resources, Centennial Office Building, St. Paul, Minnesota 55101, for any material removed from the bed of public waters in excess of that so estimated, at the above rate within thrity days after completion of the work authorized hereunder. SE's' :SPECIAL PROVISION ATTACIID DATED AT ST. PAUL, MINNESOTA, THIS /8. Y/! DAY OF Urvision of Waters, Soils and Minerals M aY WORK IN THE BEDS OF PUBLIC WATERS • PERMIT NO. •m-60/.7 Dated y 17, 197 SPECIAL PROVISIONS (Only the numbered Special Provisions apply to this permit.) The permittee shall comply with all rule, regulatdons,require ments, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. The use of explosives in any of the waters of the state is pro- hibited unless the local State Conservation Officer is notified thereof at least 48 hours in advance of the time the work is to be done. (M.S., Sec. 101.42,Subd. 11). Before construction and after completion of the project author- ized, permittee shall supply the Division of Waters, Soils and Minerals with photographs of the project area. Spoil material shall not be placed on the beds of public waters. and, wherever possible, such material should not be placed any- where within areas subject to flooding. In the event spoil must t placed within flood plain areas because areas free from flooding are not readily available, the spoil should be placed parallel to the direction of flood flow and /or spread over a large area so as to minimize any possible obstruction to the passage of flood water Upon completion of construction, the bed of the public water shall be restored as nearly as practicable to the originalo: section. 2 The permittee shall cover or protect all exposed soil resultinf from the construction authorized by placing riprap, sod, and /o: seed on banks and slopes of said construction for the prevention of soil erosion, sedimentation and lake /stream discoloration. After the completion of the project authorized, permittee shal supply the Division of Waters, Soils and Minerals with photo- graphs of the project area. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. 'Prior to commencing any main tenance excavation, permittee shall advise the Department of Natu Resources of the volume of material to be removed, the manner of removal, and the spoil disposal site(s) proposed. If the Commis- sioner of Natural Resources determines that a field inspection is necessary prior to approving such maintenance work, the permittee shall submit a check payable to the State Treasurer to cover the actual cost of the inspection, or $25.00, whichever is greater, pursuant to Minnesota Regulations NR 5000, Paragraph (g). Main- tenance excavation shall not be commenced until permittee's recei of the Department's approval. (See reverse side for additional provisions, if any.) • • 9 • This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1210 U.S. Post Office and Custom House, St. Paul, Minnesota 55101. Permittee shall seed a strip of land abutting both sides of the ditch to permanent grasses and legumes, these strips to meet one of the following standards: A. B. Each strip shall of the excavated in any year; or Each strip shall of the excavated strips shall not be at least 40 feet wide for the full length ditch and shall not De mowed prior• to July 15 be at least 25 feet wide for the full length ditch, provided mowing of these narrower be done. 4 The water level of Long Take shall be lowered to 829.0 prior to construction of the control facility by discharging by gravity t_:rough a maximum 24" culvert. This initial dray :down: shall conform to the following provisions (a) discharge shall be permitted 0: LY if ambient air temperature at Long Lake , is less than 65 and floe; does not exceed 50,. the flow ir. 7a-owns Creek at :tatior_ 5. (b) a riser or other control capability shall be provided to restrict disc'..r e within the above parameters. 7 (c) the culvert t .ru. T_r_terlachen shell be lowered to 889 or removed to provide proper storage in the entire basin. This shall be completed within 10 days of issuance of this permit. 5 The operation of the control structure shall be conducted in accord with the attached operational plan. 6 The City shall maintain a monitoring plan in accord with the attached. 7 The charnel below proposed Co. Rd. 12 shall be constructed cor.sistant with the enclosed plans and appropriately rip - rapped and /or seed :mulched or sodded in:nediz (w1thir. 5 days of completion). 8 The City shall within 6 months adopt or amend existing land use controls consiste with the minimum statewide standards for developeu t of shoreland and floodplain areas - (state standards attached) 9 The City shall not permit any filling below 893.5 which will significantly reduce the flood storage capabilities of the basin. 10 The City shall require all structures to be cons,.ructed at or above the flood protection elevation of 894.5 one foot above the 100 yr. flood elevation). 11 The City shall in cooperation vrith the township, upon completion. of Co. Ed. 12 prepare a time table as to closing of interlachen by construction of a cul- desac. .SPECIAL r ovI3ICPIs continued 76 -6047 Tray 17, 1976 12. Subsequent to the test monitoring ending July, 1978, a re- evaluation of the outlet elevations,- control facilities, operational and monitoring plan, s lad4 by both sties and appropriate adjustments shall be r:ade if needed to better r'�ec the actual conditions and to provide maximum protection to the resource and the nubs: 13. The City shall require all new development within the Long Lake provide storm :rater detention and desitling basins to maintair.•v ;ater'quali ty and o minimize increases in peak discharge to Long ,, Lake. 14. I.'ar1ual discharge shall not exceed ' at STATION 3. 7 cfs or 50 � of the flow in Browns Creek 15. The City shall have completed acquisition of easements along the channel ification alignment prior to initiation of discharge authorized by this pe nod - y pe wit. 16. The City shall, 24 hours in advance, notify the r.etro Region Hydrologist (296-7 or the I:etro Region Fisheries Supervisor (296 -2959) of intent to discharge. • 01: AND I`ONITORI „ , MONITORING P7J!:. FOR 1._ .G - _''. ?? J_. The City of Stillwater shall have the responsibility for carrying out this plan in all respects. The plan will be set forth in two stages (1) Operational and (2) Y.onitoring. (1) OPERATIONAL I'LAN The City shall designate one permanent employee who will operate the control structure and monitor the flow at`the various stations. This persons name, address, and telephone number shall be provided to the Metro Region Hydrologist. The notch in the control structure shall remain open between October 1 and April 30 of any year. Between April 30 and October 1 the notch shall be closed and storage provided to elevation 891.4. No manual discharge shall be permitted except that discharge may be provided ONLY when the ambient air temperature at' Long Lake is 65 ° r or lower. ( 2 • o ;IIT =•:G PLAN . = :1�O :�I (air Lake 2. During initial crag• :d; •..:. the City s'rr.Il determine t y � City � de;the "clearing time" the Long Lake discharge between ST -1 and 'ST-6. The 1 :etro Region Hydrologist shall be .contacted to" cooperate in this effort. B. The following information shall be :gathered r- at the �_ L. e - ,. � :.c. dcsi�. :a,,�3 statio ' thru u 6 (see attached): 1. temperature (air and water) 2. discharge (cfs) 3. time of day (a) at-St-1 time Between April 30 and October 1 this :orday and Friday between 3:00 1',L . this in shall be gathered once opened and time closed. information shall be gathered twice a week, o: and 5:00 P.,`. hosing the remainder of the ye: every two weeks. C. If the "Clearing time" is not determined during the.above shall be accomplished during operation by taking hourly reco,. and water) and discharge at STATION 2, 5 &6 to determine the time discharge to clear St. 5. part A, th: rings of ten for Long PIR F S EieTiY Summary Memorandum Date: September 8` 2003 To: BCWD Managers From: Cecilio Olivier, Karen Kill Re: Comments on the BCWD Water Quality Rules Background The runoff water quality component of the BCWD Rules reads: An applicant for a stormwater management permit must demonstrate to the District that the proposed land - altering activity will not increase site loading of total suspended solids, total nitrogen or heavy metals, or contribute to a stormwater phosphorus concentration that exceeds the inflow concentration indicated in the following table: Phosphorus Concentration Limit (Flow - weighted mean annual concentration) Class Receiving Water Inflow Limitation (parts per billion) 1 11 Lakes with TSI rating of "good" 170 Highly susceptible wetlands Lakes with TSI rating of "acceptable" 180 Moderately susceptible wetlands Lakes with TSI rating of "poor" 220 Sliglztly susceptible wetlands V Lakes zvitlt TSI rating of "very poor" 250 Least susceptible wetlands Making A Difference Through Integrated Resource Management EOR, INC. • 651 Hale Avenue North • Oakdale, MN • 55128 • Tel: (651) 770 -8448 • Fax: (651) 770 -2552 Co v ER) 111 Brown's Creek and tributaries All designated trout waters St. Croix River L � EMMON & OLIVIER S RESOURCES 170 • • • • or re A- L _')\t S The above water quality standards were the result of multiple technical and political negotiations with the City of Stillwater and other communities. NURP criteria were used as a reference during those discussions. Issues Update When the volume control and water quality standards are applied simultaneously (as originally intended by the rules), water quality was significantly benefited by the impact of total volume retention. The application of the volume control rule could imply, in most cases, reductions of 50% to 90% of the total annual runoff volume from the site. The end result was that total annual P loads from the site were maintained at, or even below, pre - development P loads. • With the elimination of the runoff volume reduction requirements, the above table shows the target P concentrations required to meet the water quality rule. It is possible, especially for intense development, that the concentration requirements of the rule would be met but it would result in total allowable annual P loads exceeding 2 -5 times pre - development loads. This was apparent during our Kohl's development review and water quality sensitiveness from Long Lake residents. The attached table and graphic compares BCWD standards with SWWD Rules, NURP criteria and pre - development loads for different types of land uses. Requested Action Include Water Quality Standards as part of the Rules evaluation. Come up with easy -to- apply wet volume standards that would account for both development intensity and quality of receiving waters. • • • October 27, 2003 Dear Mayor Kimble and Council Members, Yesterday I received the "Long Lake Management Study Report and Recommendations" dated October, 2003. After review, I came up with many questions and concerns and decided to pass them along to you. Most importantly, I would like to make the point that I cannot support any control level greater than 889 feet. This is the DNR permitted level. Some may argue that this only applies in the winter, but I arrived at a different conclusion upon carefully reading the permit. 1 I am very skeptical of the data that I have seen. To the best of my knowledge, major cost components were not taken into account. Also data showing water levels does not represent "real life ". I will want sufficient time to review the data prior to a public hearing. I have lived in the house for three years. For two of the years, we have experienced levels around the 100 year mark. When looking at information regarding this change, please understand that we will experience 100 year levels on a regular basis. Also, is there a contingency plan in case modeled water levels do not line up with actual water levels? I am very concerned about the lowest homes because of flooding and water damage. This study says that it is acceptable to have 1 foot of freeboard to the lowest opening (i.e. window). What law or ordinance makes this acceptable? Are there other laws or ordinances where this is in violation of? Surely this is not today's standard. Today we are much smarter and recognize the potential and dangers of flooding (incl. mold damage). My primary concern is in the taking of property. My understanding is that anything above 889 feet would involve taking of property as indicated by my plat. I will investigate this legal matter further if anything above 889 is accepted. The attached figures show my legal property and flooding levels on my property. This flooding (approx 292.5 feet) takes approximately %2 of my backyard. The lake is suppose to be in one corner of my yard, but during flooding it cuts all the way across my yard with some of my yard on the other side (of the lake). Wouldn't it make you sick watching the white caps extend completely across your property? I have contacted the DNR regarding filling my property. I wanted to clean up the shoreline, fill in with dirt, and make a dry stream for drainage. Even though I have seen erosion of my property due to flooding, the DNR still said that I cannot do this. Lastly, I would like to make following point. Some homeowners were told that the higher level equated to better water quality and want it higher for that reason. During the meeting, it was explicitly stated that a higher level will not give you increased water quality. They do not understand that the primary purpose (as revealed during the meetings) is for ease of boating for a select, influential few. Wouldn't it be wiser the have the boaters pay for dredging than to use public flood money to take people's property and retain their flood risk? I trust that you will carefully review all information before making a decision. Perry and Carol Parendo 2938 Marine Circle • • • FOR: •IRTN E. THOMPSON CONSTRUCTION CORPORATION • 0 -` • - APP r6- _y.— -1co n • by Survoyor, C. R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS Tel. 645 1381 EUSTIS ST., ST. PAUL, MINN. 55108 III Doted this NT/1 day A.D. 19 71 • R. WIND & ASSOCIATES, INC. / \ K) -.., - ■ _1 *-k; \ :■,...; io.f \ , 92_ \ fr.) ie'r- - -,.- . 2o 0 -/- - --% ,, z1 h'oe.,,s 0 `) x At 14 1 Is ‘, Lot 20, Block 9, Croix _ wood Fourth ‘. r Addition, vashington County, Minnesota. , -. leov elhc \ .., ■.I ■•'''' ;' . - '' ' — • ' ' - - '-' ■ .,. s ' .:: ..r--(9 - /3 '. WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THERfON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Rogistration No:772X.. Eloci.m 0A ba_jz c)--F a4-7(1, 9 gcQ • • • October 27, 2003 Stillwater Mayor Jay Kimble Stillwater City Council Members Klayton Eckies Larry Hanson Subject: Long Lake Management Study Report and Recommendations dated October, 2003 I would like to thank Klayton Eckies for the opportunity to be a member of the Long Lake Technical Advisory Group and I would like to recognize his efforts in gathering information related to forming a Long Lake Management Plan. However, upon review of the report received from Klayton Eckies and Bonestroo entitled Long Lake Management Study, Report and Recommendations dated October 2003, I am concerned about several apparent discrepancies related to suggested lake elevations controls, resultant lake elevations and historic lake levels stated. Until these discrepancies can be researched and reconciled, it is respectfully, yet strongly, recommended that the Council table, for now, any decision for acceptance of the subject recommendations directed at lake level control. I have noted apparent discrepancies below. Klayton's recommendation of control at an elevation of 890.0 to achieve an average summertime elevation of 890.2 to 890.3 is stated to "... essentially be unchanged from what is has been in previous years." There are two issues here. First, the computer modeling work did not include the 890.0 level. Assuming the average summertime elevation range of 890.2 to 890.3 is a linear interpolation between the actual modeled point of 889, 890.5 and 891.5, one would expect the average summertime level to be 890.26. However a closer examination of the modeled values suggests the relationship is not strictly linear. It is suggested to back up any lake level control point recommendation with computer modeled data, since the level issue is seemingly quite a contentious issue. Secondly, and even more importantly, the 890.2 to 890.3 is not the lake level experienced over the last several years. As was discussed in the Technical Advisory Group meetings and as recorded in the published minutes, the computer modeling used the more typical lake level of 890.5 as a starting elevation. The report states that 890.5 is the "...most common base elevation ". In another part of the report is stated the typical level as 890 to 891. Thus it appears that the 890 control point will result in an actual lowering of the lake and thus not keeping it "essentially unchanged" as stated in Klayton's cover letter. Another discrepancy exists in the cost estimate sheets supplied at the last Technical Advisory Group meeting. This shows costs for "890- 890.5" and the associated lake levels, however the modeling was only done at 890.5 according to reports supplied at the second meeting of that group. The average lake level shown there for an 890 control is 890.1. That is not consistent 1 with Klayton's letter stating an 890 control would result in an average summertime elevation of 890.2- 890.3. It is important to note that no homes have been flooded with the lake level as it has been since 1976. From my own personal observed lake elevations since 1973 when I first purchased property at Long Lake, the typical summertime lake elevation is actually closer to 891. This is verified by the May 31, 1979 DNR fieldwork done to map the lake. At that time the deepest area of the lake was 22 feet. During the drought this summer I measured that spot to be 20 feet deep. Since the elevation was 889.5 at this last measurement time, the lake elevation in 1979 was running at 891.5. Typical lake elevations have been much closer to 891 than to 890 based on the levels of water that flows in the 72 Street culverts, which are on my property, and which I observe almost daily from spring through fall. Over the years I have often measured lake elevation from that point as the DNR has shared top of pipe elevations with me when they have done those measurements. Plotted data of lake elevations also show typical values closer to 891. Another discrepancy in elevation numbers is on page 5 of the Study Background and Analysis. It is stated the bottom elevation of the 72 Street culvert is at 889.5 and silt accumulation has the lake operational level at 890. The culvert bottom is actually at 889.3 and the silted level has not been accurately measured. Based on the above, the best and most viable recommendation to approximate historical lake levels appears to be the consensus proposal reached by most of the Technical Advisory Group members. The details are in the October 22, 2003 letter to Mayor and Council entitled: Long Lake Management Study Advisory Committee Compromise Proposal from Long Lake Management Study Committee Members. That proposal is to control lake elevation at 890.8 that gives a spring/summer elevation of 890.8 and an average spring/summer elevation of 891. A resultant high water level of 893.2 provides the required 1 -foot high water freeboard for the lowest home elevation. This proposal actually represents a lowering of water level from the current DNR permit of 891.4 average spring/summer elevation set in 1976 after Marine Circle homes were built. This will help alleviate any fear of flooding yet maintain Long Lake as an actual lake with recreational amenities as voted for by the Council a few years ago and keep the lake as an amenity for the recent developments of Liberty on the Lake and Legends as intended. Note that the often - quoted DNR requirement of 889 control is actually a winter - only control elevation, with 891.4 being the DNR control from April to October. Please seriously consider adoption of this consensus proposal in addition to reviewing Mr. Ecldes proposal once the discrepancies have been reconciled. Respectfully, /fix/ Don McKenzie 12620 72 Street North Stillwater, MN 55082 2 • • • • October 28, 2003 To the Mayor, Council Members, City Engineer and City Administrator City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 RE: Long Lake Management Study Report and Recommendations, October, 2003 Gentlemen: RICHARD L. HUELSMANN 12610 62ND STREET NORTH STILLWATER, MINNESOTA 55082 Klayton Eckles, City Engineer, was very thoughtful in sending to me and other members of the "Long Lake Advisory Group" a copy of the subject document which we understand will be presented at the City Council meeting on Tuesday, October 28, 2003. I have carefully reviewed the document as well as the written summaries of the three advisory group meetings and any materials presented at those meetings. I believe that THE CITY COUNCIL SHOULD DEFER ANY ACTION ON THE RECOMMENDATIONS IN THE REPORT UNTIL CERTAIN MATTERS ARE FURTHER INVESTIGATED AND CLARIFIED. In his covering letter, Mr. Eckles stated that a control elevation of 890.0' is being proposed which will result in an ... "average summertime elevation of 890.2 - 890.3 ... thus the lake elevation as experienced during summer months will essentially be unchanged from what it has been in previous years." However, in the report it is stated that the lake "...more typically operated at an elevation between 890' and 891'." The report further states that "Storm event behavior was modeled with the lake elevation starting at 890.5. This has been the most common base elevation of the lake ... in recent years." Additionally, the study, at 890.0' reports "... average spring and summer water level ... of 890.1." THE PROPOSAL AT 890.0 LOWERS THE LAKE LEVEL. The inconsistencies of these elevations need to be resolved - a few inches can make a significant difference in this shallow lake and its shoreline. It is not clear as to whether the proposed elevation of 890.0 was in fact "modeled." The presentations at the September 10, 2003 advisory group meeting consisted of three models — at 889.0', 890.5' and 891.5'. The handouts at the October 1, 2003 meeting reported 889.0', 890.0' — 890.5' and 891.5'. We were told that only three models were done — is the 890.0' an interpolation? A decision as important as this should not be left to interpolation. It should be noted and emphasized that THE EXISTING DNR PERMIT ISSUED IN 1976 PROVIDES FOR A WINTER ELEVATION OF 889.0' AND FROM APRIL 30 THROUGH OCTOBER 1 AN ELEVATION OF 891.4'. (I have attended many meetings regarding the level of Long Lake — the 889.0 has often been noted; the summer level of 891.4 was first disclosed at the October 1, 2003 meeting and subsequent thereto copies of the permit were distributed.) It also appears that this summer level was set considering the elevations of the lowest level houses on the east side of the lake. Accordingly, there is no basis for proposing to lower the summer level of the lake to an elevation that is less than that experienced since 1976 — that is a level average of 890.5'. Furthermore, to the best of my knowledge, no house has ever been flooded since the control system was put in place in 1976! It is clear to me that the so- called "Liberty- Legends" proposal of 890.8' warrants further review and consideration — as the best overall and optimum proposal. One item on which all members of the advisory group agreed was the need to remove the sediment deltas that have accumulated at the south end of Long Lake. THERE ARE TWO DELTAS AT THE SOUTH END OF THE LAKE —one in the southeast area caused by the drainage from the "Market Place" ponds and one in the south central part or the lake caused by the drainage that flows from south of Highway 36. This second area was discussed specifically at the advisory group meetings (and was also noted in the 1997 AUAR report) and should be added to the text of the subject report and to the photo map on page 5 of the report. The report should be more direct with specific action relating to these deltas. On page 2 the report states "The City will work with Brown's Creek Watershed District to address the removal of the sediment delta that has accumulated at the south end of Long Lake." Further, on page 5 it states "Cooperate with BCWD to remove sediments and address water quality issues." What is meant by "to address" and to "cooperate "? The report should be clear that whatever action is necessary will be taken TO REMOVE THE DELTAS and to prevent their recurrence. Sometimes we all need to look to history for guidance. I am a life -long resident of Stillwater and an old enough to remember when years ago the City decided to lower the level of McKusick Lake — the action turned the lake into a swamp. After several years, in 1958 the City okayed contracts to perform extensive work at considerable cost to construct a dam at the north end of the lake — the purpose of which was to raise the level of the lake by two feet! Please be sure that all relevant information is obtained and considered before making some very costly decisions for work that may not be necessary. Sincerely yours, • • • • • • October 27, 2003 Klayton Eckles, PE City of Stillwater 216 North Fourth Street Stillwater, MN 55082 CC: All Stillwater City Council Members Hon. Jay Kimble, Mayor David G. Junker, Ward 1 John Rheinberger, Ward 2 Wally Milbrandt, Ward 3 Gary Kriesel, Ward 4 Dear Klayton, Thank you for your letter and the copy of the Long Lake Management Plan. I would also like to thank you for your consideration in respect to the circumstances surrounding my property under all plans that were studied. The serious flooding and maintenance issues of the "lake" have a long and contentious history, which has given way to very strong emotions and opinions for all of us. 1 appreciate the fact that you have inherited much of the burden of resentment and frustration of those of us whose homes and property have been threatened by the "lake ", but for nearly 30 years many of us have suffered the burden of frustration and fear of flooding. I also thank you for finally taking the reigns and prioritizing the Advisory Committee's tasks by putting flooding dangers first and recreation last. It is nearly inconceivable to me that the issue of raising the level of the lake has even been taken into consideration before any of the system updating has been put in place. I can mildly appreciate that some residents of Legends and Liberty "on the Lake" were most likely sold a bill of goods and were misled by developers selling "lake "front property, but the nearly total disregard shown to myself and the other threatened homeowners by the aforementioned neighborhood's representatives is completely unacceptable. As with all of the flood- threatened homeowners on Long Lake, my priorities are to protect my home/property and maintain its value. At this time, I can make no definite agreement with the City regarding the "flood- proofing" of my home until I see detailed plans, drawings and all the technical aspects of doing this type of protective landscaping. I would also need to see what kind of agreement the City wants to make with me regarding this protection and have it reviewed by an attorney. 1 would also need to have an independent real estate appraiser advise me on the effect that such modifications may have on my property value. If this plan does indeed move forward and I agree to the City's flood - protection offer, I would also like to know what plan the City will put in place to insure that raising the level of the "lake" will NEVER become an issue again. I do not want to live with the threat that in a year or two this same issue will be brought forward because certain unrealistic recreational desires are not being met in the imaginations of some lakeshore inhabitants. I am encouraged that the City has decided to move forward with the five maintenance points/system improvements, but would prefer that they were done coupled with maintaining the lake level at the permitted 889 at least until we see how this new and improved system really works. Theory and models are helpful in giving some direction, but you never know what reality may bring. The system improvements should have been proposed without constantly circling back to which lake level people wanted. Those who fear flooding because they have lived with a problematic system for too many years are unable to blindly trust that this system will be the "magic bullet" to solve all of their problems and can't conceive of raising the 889 DNR- permit level that hasn't ever been maintained; and those who want to raise the "lake" level feel that their recreational desires are as important as protecting homes and property. The stress of this entire process has been immense. Until his death three years ago, my husband and I shared the burden of worrying about the "lake" together. He braved many stormy nights to personally clear beaver dams and debris out of culverts in order to protect our home. It's been hard enough facing life's general challenges without him, but the high water levels and flooding - threats that we've experienced these past few summers have been worse and more stressful without him. This most recent debate over raising the lake has unnecessarily increased stress levels significantly over a cause that has no merit. I do not feel that accommodating a handful of boaters who recently bought "wetland - front" property should have even made it to the table when those of us who have lived in fear for 30 years have had to wait for flood - protection. I understand that your hands were tied for many years because of Brown's Creek, but they are not tied now and I implore you to do the right things: fix the system by making the proposed improvements but seriously consider not raising the water level above 889. Thank you for your time and consideration during this process, which has been a most difficult one for both the flood- threatened homeowners and yourself. You have been both helpful and professional in dealing with this very contentious issue, Klayton, and I want you to know that I appreciate the sensitive manner in which you have handled it. I look forward to hearing from you soon and seeing details of the City's offer for flood - proofing my property. Sincerely, Kathleen Pizinger 2803 Interlachen Drive Stillwater, MN 55082 2 • • • • October 28, 2003 Hon. Jay Kimble, Mayor Members, City Council City of Stillwater 216 North Fourth Street Stillwater MN 55082 Gentlemen: EILEEN R. and EDWARD J. GORDON 2970 Marine Circle Stillwater MN 55082 We write to urge you reject the recommendation of the "Long Lake Management Study" which proposes to increase Long Lake's control elevation from 889 ft. to 890 ft. If you strip away all the data presented in this report and its verbiage, you are being asked to consider one fundamental issue: The recommendation proposes that the City enhance property values and the boating convenience of a small group of people, and that it ignore the detrimental effects higher water levels will have on a larger number of people. At the present time only eight property owners have motorized watercraft on the lake. (And, not all of them believe the lake level needs to be set at a higher elevation.) Only these eight stand to benefit from the proposal since there is no public boating access to Long Lake. The boat owner on the North Hill or on Pine Street will derive no benefit from the change to Long Lake's level. In 1976 the City's engineering firm, Banister, Short, Elliot, Hendrickson & Associates recommended a control elevation for the lake of 889 ft. Since then, three more studies commissioned by the City, and the AUAR, affirmed the appropriateness of this level. In December 1997, the City's present engineer advised the Council then sitting that the lake's level could be changed only if all of the property owners on the lake agreed to the change. Today, one is forced to ask: What has changed? The only apparent difference is the insistence of a select few who, for their own interests, would change Long Lake from a Page 2 Hon. Jay Kimble, Mayor Members, City Council October 28, 2003 shallow wetland lake (see Page 18 in the Report) to a recreational boating lake. The public cost for this change would be considerable, going well beyond infrastructure changes. Acquisition of property and /or easements could well be the most significant portion of the cost to the City. Considering the very small number of citizens who would benefit from adoption of a higher control elevation, and the fact that_Stillwater's larger population can derive no benefit from this change, such expenditures would have little or no public benefit or purpose. By virtually any standard, approval of this recommendation will be seen as irresponsible public policy, and we ask that you reject the recommendation for a higher control elevation and maintain Long Lake at 889 ft. Sincerely, S_ (--Th L.__ III Eileen R. Gordon Edward J. Goido cc: P. Kelly, Kelly & Fawcett, P.A. • • Memo To: Mayor and City Council From: Steve Russell, Community Development Director Date: October 23, 2003 Subject: Request for Additional Funding for Downtown Plan Update The Downtown Plan update is proceeding. To date, five meetings have been held with city committees, Downtown business interests and a combined city committee /business coordinating committee. As of last Wednesday, October 23, 2003, a preferred alternative has been generally agreed to by the coordinating committee (plan alternative attached). During the month of November, the preferred Downtown Plan alternative along with the other alternatives will be presented to the Parks Board, Planning Commission, Heritage Preservation Commission and Downtown Parking Commission and business owners for input and comment. • The recommended plan with comments will then be presented to the Council for review and approval in December. The scope of the original study has increased based on the number of community meetings, four versus six and the conceptual consideration of flood protection for the entire downtown. The original scope focused on the study area bounded by Myrtle, Mulberry, Main Street and Lowell Park. The broader consideration of flood protection will have the additional benefit to the City of providing direction for future planning for Phase III Corp of Engineers flood protection project. The original cost of the study was paid with a loan to the TIF account. It is suggested that the same source of funds be used for the additional work. Recommendation: Approval of scope of work addendum (resolution). Attachments: Water Street Parking Facility, plaza and flood wall plan addendum. ® �! 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 651.490.2000 651.490.2150 FAX architecture engineering environmental transportation October 22, 2003 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: We are pleased to continue to assist you in further evaluating the concept plan for the Water Street plaza and parking facility, but at this time, the scope and budget are about to be exceeded. The scope in the original contract was based on four public meetings. With your addition of two task group meetings and an expanded evaluation of the flood protection plan through the downtown, we anticipate the need to increase the fee limit by $12,000.00. - The project was understood to be subject to change due to the uncertainty of the direction the study would lead. The following is included from the original contract for your reference. "We consider this project to be a dynamic process as we develop options with you. Additional layout alternatives may develop as the project progresses warranting that more drawings and perspectives are created. With this in mind, it is proposed that specific project scope, fee, and schedule be left open as the work progresses. For your budgeting purposes and with our current expectations of the scope of work, we estimate that the fee for our services to be $50,000.00 and that as an objective, a completion date in mid - February be used. Keep in mind that this scope and resulting fee and schedule may be reduced or expanded as we work to develop options and graphics to meet your needs ". After your review and consideration, please acknowledge acceptance of our addendum by signing and returning the enclosed copy. Sincerely, Jeff A. Johnson, PE • Principal/ Project Manager Accepted by for the City of Stillwater, Minnesota Authorized Representative Name and Title Date t:lspad\ users \tothannt \ structural \johnsonzusse11IO2203.doc Short Elliott Hendrickson Inc. RE: Stillwater, Minnesota Water Street Parking Facility, Plaza and Flood Wall — Addendum 1 SEH No. P- STILL0301.00 • Your Trusted Resource • Equal Opportunity Employer • • • Butler Square Building, Suite 710C, 100 North 6th Street, Minneapolis, MN 55403 -1515 612.758.6700 612.758.6701 FAX TO: Design Review Committee FROM: Mark Salzman DATE: October 20, 2003 RE: Overview of Plan Alternatives SEH No. ASTILL0301.00 St. Paul Parking Summary- Existing a) Total Public/ Private b) Total Private c) Total Public Diagrammatic Alternate A a) Parking Summary i) Public ii) Private Diagrammatic Alternate B a) Parking Summary i) Public deck ii) Public surface iii) Private 259 Stalls 60 Stalls 319 Stalls 292 Stalls 113 Stalls 60 Stalls 465 Stalls 433 Stalls 103 Stalls 330 Stalls r b) Features i) Increased Lowell Park (least of alternatives - .44acres) ii) Surface parking maximized. iii) Parking consolidated. iv) Potential for Farmers Market Structure- doesn't obstruct river views. v) Flood protection alternatives- wall, invisible wall. b) Features i) Increased Lowell Park (least of alternatives - .44acres) ii) Parking maximized. iii) Potential to integrate flood protection into parking structure wall. iv) Potential for Farmers Market Structure- doesn't obstruct river views. v) Flood protection alternatives- wall, invisible wall. vi) Cost of parking deck. Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer MEMORANDUM Overview of Plan Alternatives October 20, 2003 Page 2 Diagrammatic Alternate C a) Parking Summary i) Public surface ii) Private Diagrammatic Alternate D b) Parking Summary i) Public surface ii) Private 181 Stalls 60 Stalls 241 Stalls b) Features i) Increased Lowell Park (1 acre) ii) Parking reduced. iii) Alternate flood protection alignment. iv) Flood protection alternates- wall, invisible wall. 204 Stalls 60 Stalls 264 Stalls b) Features i) - Increased Lowell Park (.76 acres) ii) Parking consolidated. iii) Alternate flood protection alignment. iv) Potential for Farmers Market Structure- doesn't obstruct river views. v) Flood protection alternatives- wall, invisible wall. mis n:\:licnts\still\0301\oct. 22 mtg \plan summary.doc • • • KEY A. PEDESTRIAN PLAZA B. PUBLIC PARKING 26 STALLS C. PARKING - SURFACE 146 STALLS DECK 292 STALLS D. PRIVATE PARKING - SURFACE 60 STALLS DECK 108 STALLS E. MULBERRY PARKING ACCESS F. MYRTLE STREET PARKING ACCESS G. POTENTIAL AMPHITHEATER H. POTENTIAL FLOATING BANDSHELL I. PICNIC PAVILLION J. PUBLIC PARKING 87 STALLS K. RIVER TRAIL L. FLOOD PROTECTION 0 25 50 75 150 CC)M ERC1.1L.lVENUE NL.1L 1. PA I'KI"G &i21Vl1t-11011: STILDY, ,-s7ILL%$Al'LI A ll \„ L,O1.t • 'OCTOBER 20Q3 U►.1GK.L'. I(111. I WIN Slial.7 r ;H) •"• • J) • r reir v t 1 1 1 1 1" Y r" T;__ r. -� 1ll tI — sal J 1 KEY A. PEDESTRIAN PLAZA B. PUBLIC PARKING 26 STALLS C. PUBLIC PARKING - 68 STALLS D. PRIVATE PARKING 60 STALLS E. POTENTIAL AMPHITHEATER F. POTENTIAL FLOATING BANDSHELL G. PICNIC PAVILLION H. RIVER TRAIL I. FLOOD PROTECTION J. PUBLIC PARKING - 87 STALLS 0 75 50 75 150 COALVLRCIAL PLAZA, PARKING & RIVER TRAIL STUDY 11LLV II 111A ALSUTA <)CIOBL1L2003.�, £5EN DIi1GRit%1ATIC 1'MN C- 1J ® ®• ®• re C) WATER STREET 9� # 0 k """ Y1 r r r - 'Frit hiAIN STREET .� KEY A. PEDESTRIAN PLAZA B. PUBLIC PARKING - 26 STALLS C. PUBLIC PARKNG -148 STALLS D. LOWELL PARK ENLARGED E. MULBERRY PARKING ACCESS F. PRIVATE PARKING - 60 STALLS G. POTENTIAL AMPHITHEATER H. POTENTIAL FLOATING BANDSHELL L PICNIC PAVILLION J. PUBLIC PARKING - 87 STALLS K. RIVER TRAIL L. FLOOD PROTECTION 0 75 50 75 Lwow 150 COMMERCIAL AVENUE PLAZA; :PARKING -& RIVL;K T1Z 11L STUDY S IILLWA7 LI , 11IA'NLSOL1 OCIO1JLR- 2003 L)1.1(.,R t 1. ) 1L YLr1N!D Diane Ward From: Pat Raddatz [ Pat .Raddatz @co.washington.mn.us] S ent: Thursday, October 23, 2003 12:11 PM o: Pat Raddatz Subject: Washington County Board Agenda - 10/28/03 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda October 28, 2003 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public 9. Board Correspondence 4111 10:25 - Adjourn 11. 10:30 to 11:30 - 2004 Budget Hearings 1 F Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out'a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. •3. 9:10 - Consent Calendar 4. 9:10 - Financial Services * Edison Vizuete, Director Consider Award of Jail Refunding Bonds and Capital Improvement Bonds 5. 9:20 - Public Health and Environment * Judy Hunter, Senior Program Manager A. Set Public Hearing for Amendments to the Solid Waste Management Ordinance #163 B. Sunset Public Health Advisory Committee * Mary McGlothlin, Director 6. 9:40 - Transportation and Physical Development * Sandy Cullen, Transportation Manager Railroad Crossing for Preferred Alternative for the CSAH 8 Project 7. 9:55 - General Administration * Jim Schug, Administrator 8. 10:05 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. A. Washington Conservation District B. Water Management Organizations 12. 11:30 to 11:50 - Board Workshop with Transportation and Physical Development Noise Mitigation Along County Highways, ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Meeting Notices October 27 - Library Board 6:30 p.m., 8595 Central Park * Woodbury October 28 - Planning Advisory Commission 7:00 p.m., Washington County Government Center October 29 - League of Local Governments 6:00 p.m., Prom Center, 484 Inwood Avenue N. *Oakdale ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Washington County Board of Commissioners Consent Calendar * October 28, 2003 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. The following items are presented for Board approval /adoption: Administration A. Approval of county comments on the City of Bayport's proposed establishment of Tax Increment Financing (TIF) District No. 2 -1, within the proposed Municipal Development III District No. 2. Community Services B. Approval of the 2003 -2005 contract with Woodbury Villa, Inc. for assisted living plus services. C. Information only - Child foster care daily basic maintenance, initial clothing allowance and difficulty of care rate for 2004. D. Approval of the 2003 contract with Helena Family Support, Inc. for professional home based mental health services, family community support services, and therapeutic support to foster care services. E. Approval of an occupancy agreement between the Workforce Center Division and Inver Hills Community College to utilize training space in the Cottage Grove College Center. Human Resources, Employee Safety and Risk Management F. Approval to amend the flexible Benefits Plan. Transportation and Physical Development G. Approval of resolution, final payment to Union Pacific Railroad in the amount of $6,817.22 for construction of rail road signals at the CSAH 13 crossing in Oakdale. H. Approval of resolution, award of bids for sale of houses and structures on park land and rejection of bids to demolish various houses and structures. Pat Raddatz, Administrative Assistant 2 • • • Washington County Phone: (651) 430 -6014 e -mail: pat.raddatz @co.washington.mn.us 3