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Home My WebLink About2002-09-17 CC Packet LAKE ELMO AIRPORT ASSOCIATION Jim Anderson President 201 Oak St. Box 269 Marine on St. Croix, MN 55047 6514333024 jia@wrmed.com Gary Miller Secretary Treasurer 1560 Dieter St. St. Paul, MN 55106 651 7740456 yvonneandgary@aol.com Honorable Mayor al)d City Council City of Stillwater Stillwater Minnesota September 17, 2002 The membership of the Lake Elmo Airport hereby requests your support for changing the name of the Lake Elmo Airport to represent the areas served, the nature of the government support, the support of the tenants, and the makeup of our members. Other airports in the area, such as Flying Cloud and Anoka County have been named in this manner, as have many other airports throughout the USA. Changes of names have not been uncommon, as seen in the frequent periodic update of official aviation navigation charts. The committee of MAC airport associations, as well as our association have voted overwhelmingly for the change, after considering and discussing reasons. The new name would be more indicative of the area served. The present airport serves municipalities in Washington County, Eastern Wisconsin, St. Paul and suburbs. The makeup of our membership, and that of hangar lessees, is as follows: Number Association Members 127 Hangar Lessees 84 Address of member/lessee % St. Paul and suburbs 43% 36% Washington County, (excluding Stillwater and Lake Elmo) 12% 17% Stillwater/ Oak Park Heights 23% 22% Lake Elmo 11% 14% Wisconsin, Minneapolis, Outstate 12% 11% The financial support for the airport is entirely from tenant rentals and the Metropolitan Airports Commission as part of the reliever system. The costs' of the name change will be negligible to the tenants and the MAC, whose staff have looked favorably on our association request. The City of Stillwater and its citizens were instrumental in establishing the airport as a community asset and have been quite supportive in airport community activities. We respectfully request your continuing support. James J. Anderson, President --- BA YTOWN TOWNSHIP RESOLUTION 2002-6 RESOLUTION TO CHANGE NAME OF LAKE ELMO AIRPORT WHEREAS, Lake Elmo Airport is not located in Lake Elmo, it is located in Baytown Township; WHEREAS, the airport serves 'several communities in Washington County, and into the State of Wisconsin; NeW-THERRFOR-BKlT-REsotWD, that th,~ Tow, n a-Oatld-of~Bayt0wn-T-ownshiQ, i JL"-'-'-=~'o '. 'Ii I, . If \;;> rashington Go~n~y;=Minn~sota-a'oe~llere5y.r:~p,e~~~~::~~~~lf t~at the Metr~~~~. ' :wrports<.Corrurusslon con~~:jE~~gtJ!glb~~name~ofUaKeEll!!9~rgort to St. CroiX]' Valley~AiFpOFt-:- ~ Adopted this 4th day of February, 2002 Kent Grandlienard, Chair Attest: Pauline Huonder, Town Clerk BAYTOWN TOWNSHIP 4420 ODEGARD AVE N. STILLWATER, MN 55082 651-430-4992 Fax: 430-4986 February 4,2001 Chainnan, Charles Nichols Metropolitan Airports Commission Minneapolis-Saint Paul International Airport 6040 - 28th Ave. S. Minneapolis,~ 55450-2799 Re: Lake Elmo Airport D~ar Chairman Nichols: It has come to our attention that members and users of Lake Elmo Airport are pursuing changing the name of that Airport to St. Croix Valley Airport. This letter is to infonn you that the Baytown Board of SuperVisors gives our affirmation to this change. Sincerely, .. ;f~~.6:} ;1)/- t!f,,4 Kent Grandlienard Chairman KG/ph , ' , . ~-~ ,', . . ~f .1'''''':, .~ 1~\lRyor: Lee Hunt Councilmemuers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Sieuow Lake Elmo City Council TUESDAY, API~IL 2, 2002 3800 Laverlle Avenue No. Lake Elmo. MN 55042 777-5510 777-9(115 (fnx) Mary. K ueffllcrlii)lal{ccllll (I. COllI E-Mail Please rcau: Since the City Council does not have time to discuss every point presented, itlllay appear that decisions are preconceived. However, staff provides background information to the City Cowlcil on each agenda item ill advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council fonn; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items lllay be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes MARCH 19 , 2002 3.PUBLIC INQUIRIESIINFORl\1ATIONAL: A. Public Inquiries B. Tim Freeman: Update on appointment to the Brown's Creek Watershed Board ' C. Policy for sale & use of city owned land D. Support for name change of Lake Elmo . Airport 4. FINANCE: A.Claims 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resignation from ParlQl Commission; Resignation from Planning Commission; Clean-Up Day Agreement with Washington County Fairgrounds . 7. MAINTENANCE/P ARKIFffiElBUILDING . A. Update on Maintenance Dept. Activities: Dan Olinger; Stop Sign at Klondike; Expansion of Storage Building " ,# , M/S/P Armstrong/DeLapp - to adopt Ordinance No. 97-105, An OrdinClnccamcncling Section 700.04 Subd. 2.B.2 pro,h,ibiting new connections to a community sewage treatment system. (Motion passed 3-0). Administrator Kueffner will copy the code on requiring the upgrade of a septic system if a house is sold in the shoreland distinct. D. Support for name change of Lake Elmo airport Al Kupfersclunidt, temporary representative to the Reliever Airport Advisory Committee, requested the City's support in changing the name of the Lake Elmo Airport. Theairport is not in Lake Elmo and wants the name changed to reflect the entire area. West' Lakeland and Baytown have responded favorably to this request. Councilmember Armstrong indicated Council member Sue DUlU1 had advised the request for the name change was suggested by a person from St. Paul. M!SfP-E>eI:;applAr11fs~0ng-,-=-that:theIIG~ty"sa~portsrnamei~1Iange~(rwnphe-'~l(e:EE~I~7 ~ll'~<?rt to. the 81. C~OlX V alley. Airp91I1'ir(MqV~~ passed 3-.:h:ArmsJIiollg vot~d ;.agani~t?he m~n based on her conversatIOn wl:~gQunc~l!TIelll~Dunl1.) 4. FINANCE A. Claims Fire Chief Malmquist requested the claim for Troy Bonin be eliminated until he talks to him. MlSW DeLapp/Armstrong - to adopt Resolution No. 2002-020 approving claim numbers - 21383 through 21402 used for the March 21,2002 payroll and claim numbers 21403 through 21438 in the amoUllt of$28,398.00. (Motion passed 3-0). 5. NEW BUSINESS: NONE 6. CONSENT AGENDA: Resignation from Parks Conuuission, Resignation from Planning Commission The City received three letters of resignation from Kes Tautvydasand Dave Pletscher from the Parks Commission and Tim Mandel from the Planning Commission. Ml8/P ArmstronglDeLapp - to accept with regrets the resignations from Kes Tautvydas and Dave Pletscher from the Parks Commission and Tim Mandel from the Planning Commission. Staffwill send them a letter thanking them for serving on the commission and making substantial contributions to the City. (Motion passed 3-0). Clean Up day Agreement with Washington Coooty Fairgrounds MlS/P ArmstronglDeLapp - to approve the Lease Agreement with Washington County Fairgrooods for Lake Elmo Cleim Up Day, May 4,2002. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 3 \11 EST LAKELAN TOWNSHIP STILLWATER, MINNESOTA 55082 February 13, 2002 Charles Nichols, chairman Metropolitan Airports Commission Minneapolis-St. Paul International Airport 6040-28th Avenue South Minneapolis, Minnesota 55450-2799 Re: Lake Elmo Airport Chairman Nichols: It has been brought to the attention of the Board of Supervisors of West Lakeland Township that members and users of the Lake Elmo Airport are interested in changing the name of that airport to 81. Croix Valley Airport. l}heWesrtaKeland~Boaf(fwoal(:nn<~tQinform YOl:.l:tfi'an~ey se:e..no-problem-witli'l t~is.name change. Commentl.cah ~rtain=.IYbe=~~de':tcy~ne~ToW.'n...Qff.ice~.or:f c::alhng 651-436-4773~Jl;;.,.d.,"~-,-,----~ - . .. - . ..;,-.JL_ J L-- - . y Sincerely, '~ -.GrhvrrvH TerrY-5~-- , _ Chairman f ,.c .," ':- . .SIX; THIRD NEWS SECTION 1::(-'/- 1(1 . . ST.P AUC SUNDAY PIONEER' PRES~ MAC Buys J6Q.Acre Plot f,pr AirpQrt . : B:Y. GERALD B: SMITH . The }'Ietropolitan A: i r p 0 r t commission's. long-range plan for' light.plane airports In the TWin Cities area was completed Saturday witiYthe .puiChase of 160 acres of fann land dir!'cUy east:of Lake Elmo. . .. . .', . . Construction in 1950 of a see- ondaq airPort witli, one sur- faced runway of 2,500 feet and two sod nmways will provide thl!l. facillties for the St. Paul area called for In the 1943 met. ropolltan airports. law,' which provides that the aviation body muSt.~at MInneapolis and St. '.'. . . .... . . . .,. . - ..,,, . . .... ,-~ ..: Pa~ alike;.. .:t::.:'::" '.' . LAKE EL~O .AIRPORT LOCATIO~-This 'aerial' photograph shows the sfUi' of th~ 11 .e ,new ~ct1rt- will ~ ~ _ secondary:. airport to' be bUilt iq 1950 directly east or the village of Lake Elmo' in~ I::: ~lo~; field~:O~thwel:i Washington county. In the-f?re!iround is a p~ of the village~ with 'Higllwa.~2~2 Mmneapolls and the Cry tal air- . at the left ~d the Oinaha raIlway tracks runmng'Faralle!. The 160-acre !)utlli},e In port installation: north ~f MIn- white is the' airport site: It actually is' a 2,600-foot square but appears to be- a rec- neapolis. "0', ..;..: -. ,,'. . tangle due..tG>.the angle from which ~'; ~~~.P~o~gr..ph w~~~~.~t~~th?t() More than six months of 'Un- by Jack Loveland. .." ',. ,. ...,. '. :~,~,.' ,I - . certainty l;Oncemlng. the loea- ' ,." ,.,. c', '.. " . -, '..; .~.:"", :' '" ,....^,..: ... -. .. tlon of the airport east of St. more. favora~Ie ~ ~til1water polnte~.. outtl!at. .the w~stem Paul ended this past weelcwhen p'lots..: . :,",U :;",~ -. ~~":. ~u!ld~ ,of:,th~ new arrport thor>commlsSioD' paid' $38;000.. A p,:,blic hearing In. Septem- w~l1, be' on~, sIx-tenths of a cash" tor th_ 16~cresi of. land l>er fa1led to develop any op- m1letrolJl. tl!e eastern boundary ea~t 'of. Lake', Elmo." ,The com,. ~sition to the Lake. ~o I~ca- of. the v*~ge;.:.: :'. ~-, ~ . . mIssion had. held optians on bon, but ,the comnuSSlon wlth-, the property. for three' .months.- held its acquioiti<?D plans. f01:.j' The &bitt to ~ Lake Elmo several' months to give conoid- location developed when a storm eration to citizens who were op;., of, ,opposition descen<!ed upon posed but .....Id they. had .not the.. commission following Its known about the public hearing.: earlier decision to locate the alr- Lake Elmo cltizens who hired' port on the Hud30n road. Still. legal counsel and worked.ener-'\ water interests led the campaign geticaU)' .in recent weeks to de- to find a site which would be fer the acquisition Indefinitely, -.~ . CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-20 Council Chambers, 216 North Fourth Street September 17, 2002 .PECIAL MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Territorial Prison 4:30 P.M. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATION 1. Proclamation - Constitution Week - September 17-23, t2 on subjects which are not a part of Ime of the statement or may give direction REGULAR MEETING CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of August 27,2002 special meet 2002 regular meeting minutes OPEN FORUM The Open Forum is a portion of the Council meeting to ad the meeting agenda. The Council may take action o~, I to staff regarding investigation of the concerns expres STAFF REPORTS ... . Police Chief 3. City Clerk .Fire Chief) 4. Director of Admin. CONSENT AGENDA* 1. Resolution 2002-209 directing 2. Approve purchase of thermal i 3. Approval of 2002 Capital Bu 4. Resolution 2002-210, aut Safety for underage compl 5. Resolution 2002-211, c;f 6. Resolution 2002-21 Agreement with the 7. Request for ban fro 8. Request for ba e 9. Approval of PUBLIC HEARl 1. This is to ch 5,20 2. This is th and time for the public hearing to discuss alternative land use and circulation patterns for the Bou ell South Planning Area. All persons wishing to be heard with reference to this request will be heard at this meeting. Notice was published in the Stillwater Gazette on September 10, 2002. Com unity Dev. Director ity Engineer/PWD 7. City Attorney 8. City Administrator for the Fire Dept., from "Friends of Fire" account on - Library ance of grant agreement with Minnesota Department of Public /alternate enforcement grant for 2002-2003 i1ers Protection Association agreement for Bad Check Program mended "Attachment A" to Use of Law Enforcement Personnel I Airports Commission amber of Commerce for Fall Colors Fine Art Fair ity Lutheran Church for Yule Fest ing Permit for Church of St. Michae/- November 9, 2002 e for the public hearing on a proposal recommended by the Charter Commission harter by Ordinance. Notice was published in the Stillwater Gazette on September 'JNFINISHED BUSINESS . 1. Lake Elmo Airport Letter 2. Accepting Bids and Awarding Contracts for McKusick Ravine Storm SewerlTraillmprovements (Project 2002-04A); McKusick Lake Diversion Improvements (Project 2002-04B) and McKusick Boardwalk Improvements (Project 2002-04C) (3 Resolutions) NEW BUSINESS 1. Possible first reading amending Animal Ordinance 2. Possible approval of resolution making certain findings with respect to substandard buildings (Territorial Prison project) . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Request to close eastern end of Myrtle Street from parking lot to gazebo - M 2. Request for allocation of some Territorial Prison bricks - Washington Historic * All items listed under the consent agenda are considered to be roytihe enacted by one motion. There will be no separate discussion 0 ' s citizen so requests, in which event, the items will be removed fr separately. City Council and will be a Council Member or Qsent agenda and considered COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT . . 2 CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-20 Council Chambers, 216 North Fourth Street ePECIAL MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Territorial Prison 4:30 P.M. REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of September 3,2002 regular meeting minutes (Available Monday) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation - Constitution Week - September 17-23, 2002 cil on subjects which are not a part of f the statement or may give direction OPEN FORUM The Open Forum is a portion of the Council meeting to add the meeting agenda. The Council may take action or rep to staff regarding investigation of the concerns express STAFF REPORTS 1.Police Chief 3. City Clerk 2.Fire Chief) 4. Director of Admin. .ONSENT AGENDA* 1. Resolution 2002-207 directing paymen 2. Approve purchase of thermal ima 3. Approval of 2002 Capital Budget 4. Resolution 2002-208, authorizin Safety for underage compliance 5. Resolution 2002-209, app 6. Resolution 2002-210, appro Agreement with the Metropolit ity Dev. Director Engineer/PWD 7. City Attorney 8. City Administrator the Fire Dept., from "Friends of Fire" account - Library . e of grant agreement with Minnesota Department of Public nate enforcement grant for 2002-2003 tal ers Protection Association agreement for Bad Check Program ded "Attachment A" to Use of Law Enforcement Personnel irports Commission PUBLIC HEARINGS 1. This is the day and time for the public hearing on a proposal recommended by the Charter Commission to change the City Charter by Ordinance. Notice was published in the Stillwater Gazette on September 5, 2002. 2. This is the day and time for the public hearing to discuss alternative land use and circulation patterns for the Boutwell South Planning Area. All persons wishing to be heard with reference to this request will be heard at this meeting. Notice was published in the Stillwater Gazette on September 10, 2002. UNFINISHED BUSINESS 1. Lake Elmo Airport Letter 2. Accepting Bids and Awarding Contracts for McKusick Ravine Storm SewerlTraillmprovements (Project 2002-04A); McKusick Lake Diversion Improvements (Project 2002-04B) and McKusick Boardwalk Improvements (Project 2002-04C) (3 Resolutions) eEW BUSINESS 1. Possible first reading amending Animal Ordinance 2. Possible approval of resolution making certain findings with respect to substandard buildings (Territorial Prison project) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1. Request to close eastern end of Myrtle Street from parking lot to gazebo - Margaret Peteler . 2. Request for allocation of some Territorial Prison bricks - Washington Historical Society 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 MEMORANDUM . TO: FROM: SUBJECT: DATE: Mayor and Council City Administrator Hanson Territorial Prison Development September 13, 2002 As you know, city staff has been meeting with the current developers of the territorial prison site to see what sort of impact the fire has on their plans for the development. Since the fire, some members of council have also suggested thatthings have changed enough that maybe we should take a new look at the project and its scope. This is precisely why we have requested the special 4:30 meeting for next Tuesday so that discussion with the developers and Council can occur. Currently staff (mostly Steve Russell, Dave Magnuson and I) believe that It is in the city's best interest to stay with the current development team and continue the redevelopment as planned. We base this belief on the following: . Development Team Territorial Place LLC has assembled a strong team of developers who have demonstrated the financial wherewithal and development expertise to handle such project. To date they have been very cooperative in recognizing the City and state's desire to preserve the historical significance ofthe site and offer an end product design that fits inthe community. They have been quick to recognize and accept that this project fits into a , larger development plan for the downtown area (the comprehensive plan) and that the city must preserve a majority of the T.I.F. generated to accomplish those goals. Although there are certainly other developers who can offer proposals, we believe this will simply delay the project and offer little real gain to the city. The Comprehensive PlanlT.I.F. This development, if it occurs, is expected to generate approximately $40 million in additional market value, which translates into a lot ofT.I.F. dollars. Staff has been very careful to let the developers know that the city expects to complete, assist or correct a lot of long-term concerns with the T.I.F. generated. This includes: . A. New parking structure B. Drainage concerns (above the prison site) C. Prison wall D. Purchase of railroad right-of-way E. Connection to Lowell park F. Downtown Plaza in walkway G. Demonstration account grant Met Council (this project is amajor component ofthe grant application) Legal considerations The Developers have provided personal Guarantees to indemnify the City for the costs of predevelopment activities on the Prison Site. The costs consist of hydrological studies, archaeological studies, HA2/MAT audits, civil engineering and architectural services, a housing study and survey. The costs are estimated at $100,000. Since these costs were incurred in reliance on the City's commitment to work in good faith with these Developers, the City would be liable to repay the Developer at least these expenses if the City were to cancel our commitment and search for new Developers. Although staff believes there are good reasons to stay with the current development team and project, as prior designed, we will readily accept whatever direction Council desires and will immediately begin to work toward that goal. Recommendation Provide staffwith direction on major changes to project components including the development concept, development team and project design. . . . . . . Territorial flace) l~l~C 6"" \f\V', - t ~ th c::.t-r ~ ~t c l"'e 70" Cb >' ,j" ee, ,_JU l, _: v ,-Saint f:>aul,MN 5.5 102 651.22).2860 (~,51.22+.8728 ~ax September 11, 2002 Mayor Jay Kimble C/o Ms. Diane Ward City Clerk City of Stillwater City Hall 216 N. 4th Street Stillwater, MN 55082 RE: Territorial Prison Development Plans Dear Mayor Kimble, The Territorial Prison Development Team met with Steve Russell, LarryHanson and Dave Magnuson on Tuesday, September 10,2002 to discuss our continued intent to develop the former territorial/state prison site. We request an audience with you and the City Council to bring you up-to-date on the progress made as well as otir thoughts regarding the effects' of the fire on the existing development plans. We remain strongly committed to the Territorial Prison Development proje<:,:t and will continue to move forward towards a 2003 construction start. When details of the fire spread among our group we all went through a process of shock, disbelief and grief over " this tremendous loss. It is clear to us that while the circumstances of the site have certainly changed, we are still looking at a viable development opportunity. ' The following are some highlights of our future development direction: 1. We still intend to produce a multi-building development on the prison site. 2. We intend to produce at least the same number of dwelling units as we had proposed pre-fire, and it may be possible in the post-fire scenario to achieve greater density than previously proposed. 3. ,Because of necessary redesigns, we may need to request all extension of the February 2003 land purchase closing date. 4. The loss of opportunity for historic tax credits may result in less rental units and more for-sale units. We had intended to rehabilitate the pre-fire existing buildings . to market-rate apartments, but new construction in their place may make more sense as for-sale housing. 5. We discussed with Mr. Russell and Mr. Hanson the possibility of a more direct involvement with the City in the demolition process, regarding decisions about what to demolish, what to haul away, what might be reusable: e.g. there may be the possibility of reusing a portion of the remaining northerly warehouse building. We need to study this further and at this point suggest that no hasty demolition decisions be made. 6. We have completed an extensive hydrologic and geotechnical study of the site. Our research shows some challenging groundwater issues, but we are confident that we can engineer solutions to achieve our desired development. 7. We have completed preliminary civil engineering designs for the site. We have measured and drawn detailed as-built plans of the pre-fire existing buildings. This information was forwarded to the arson investigators the day after the fire. As requested by the State Historic Preservation Office, we were in final stages of an extensive archaeological study of the site. At the time of the fire, our archaeological consultant was in the process of field exploration in an effort to determine, the extent of archaeological resources that may be affected by our development. Their preliminary findings indicate existence of significant . opportunities for archaeological interpretation. We intend to continue working with our archaeologist on a plan for archaeological preservation and interpretation as a part of our development. We look forward to continuing the great relationship we currently share with the City of Stillwater and to discussing these issues in greater detail. Respectfully, Territorial Place, LLC Jack Buxell J. Buxell Architecture Robert Engstrom Robert Engstrom Companies R. Michael Buelow Shaw-Lundquist Associates , Brian Sweeney The Sweeney Group . ..'i ; . . . Execution Draft May 7,2002 PRELIMINARY CONTRACT FOR PRIV A TEREDEVELOPMENT OF THE TERRITORIAL PRISON SITE BETWEEN . THE CITY OF STILLWATER, MINNESOTA AND TERRITORIAL PLACE, LLC. , A MINNESOTA LIMITED LIABILITY COMPANY This document was drafted by: David T. Magnuson. Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 " .. TABLE OF CONTENTS . ARTICLE 1 DEFINITIONS.......... .............. .................................................................. ... .............. 2 Section 1.1. Definitions... ... ... ........ ........... ........... ......... ............. .................................. ................ 2 ARTICLE 2 REPRESENT A TI ONS AND WARRANTIES..... .............................. ....................... 3 Section 2.1. Representations by the City. ................................................................................... 3 Section 2.2. Representations and Warranties by the Redeveloper.............................................. 3 ARTICLE 3 CONVEYANCE OF REDEVELOPMENT PROPERTy......................................... 4 Section 3.1. Conveyance of Redevelopment Property......................................... .......................4 Section 3.2. Time of Conveyance. ........ ............................... .... ....... ......................... ..... .............. 4 Section 3.3. Consideration. ... ..... ...... ............ ..... ........... ..................................... ..... ....... .............. 5 Section 3.4. Title......................................................................................................................... 5 Section 3.5. Additional Conditions Precedent to City Actions................................................... 5 Section 3.6. Limitation on City Obligations. .............................................................................. 6 ARTICLE 4 REAL PROPERTY TAXES AND ASSESSMENTS ............................................... 6 Section 4.1. Real Property Taxes. ............................................................................................... 6 ARTICLE 5 FINANCING....... ................... .................... .......................... ... ........... ......... ............... 6 Section 5.1. Financing. ......... ........ ........ ........... .......... .......... ................. .............. ........ ....... .......... 6 . Section 5.2. Limitation Upon Encumbrance of Property............................................................ 6 ARTICLE 6 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ........................... 7 Section 6.1. Representation as to Redevelopment. ..~.................................................................. 7 ARTICLE 7 EVENTS OF DEFAULT ........................................................................................... 7 Section 7.1. Events of Default Defined. .................... ....... ...................... ........ .............. .............. 7 Section 7.2. Remedies on Default. ......................................................................................... ..... 8 Section 7.3. No Remedy Exclusive........................... .............. ...... ............. ........ ..................... .... 8 Section 7.4. No Additional Waiver Implied by One Waiver. ..................................................... 8 ARTICLE 8 ADDITIONAL PROVISIONS .................................................................................. 8 Section 8.1. Conflict of Interests; City Representatives Not Individually Liable. ..................... 8 Section 8.2. Equal Employment Opportunity. ............................................................................ 8 Section 8.3. Provisions Merged With Deed. ............................................................................... 8 Section 8.4. Titles of Articles and Sections. ............................................................................... 9 Section 8.5. Notices and Demands. . ...... .................... ................ ..................................... ............ 9 Section 8.6. Counterparts. ..... ..... ........... ......... ........... ............ .......... .... ....... ...... ..... ............ ..... ..... 9 . (i) . . . PRELIMINARY CONTRACT FOR PRIV ATE DEVELOPMENT THIS AGREEMENT, effective the 7th day of May, 2002, between THE CITY OF STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and TERRITORIAL PLACE, LLC. (the "Redeveloper"), a Minnesota limited liability company, c/o The Sweeney Group, 6 West 5th Street, Suite 700, S1. Paul, Minnesota 55102. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minn. Stat. S469.124- 469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has 'established a development district (the "Development District") pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No. 7 (the "Financing District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan the City has acquired certain real property located in the District (the real property is more particularly described in Schedule A to this Agreement), and has determined to sell the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Definitions . Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.01. "Act" means the Municipal Development Districts Act, Minn. Stat. S469.124 et seq., as amended. 1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.03. "City" means the City of Stillwater, Minnesota. 1.1.04. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) must include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.05. "County" means the County of Washington, Minnesota. 1.1.06. "Development District" means Municipal Development District No.1. created by the City. 1.1.07. "Event of Default" means an action by the Redeveloper described in Section 7 of this Agreement. 1.1.08. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans. 1.1.09. "Park Parcel" means that Property, legally described as Lot 2, Block One, Territorial Prison Addition, Washington County, Minnesota. 1.1.10. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.11. "Redeveloper" means Shaw-Lundquist Associates Inc., a Minnesota corporation. 1.1.12. "Redevelopment Property" means Lot 1, Block One, Territorial Prison Addition, Washington County. . 2 , '. . . 1.1.13. "Redevelopment Property Deed" means the Deed. in Schedule B of this Agreement, to be used to convey the Redevelopment Property from the City to the Redeveloper. 1.1.14. "State" means the State of Minnesota. 1.1.15. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of-any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE 2 Representations and Warranties Section 2.1. Representations by the City. The' City makes' the following representations as the basis for the undertaking on its part herein contained: 2.1.01. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.02. The City has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.03. The City has acquired the Redevelopment Property in accordance with the . . ' Plan and this Agreement and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1.04. The City has adopted a Business Subsidy Policy as required by Minn. Stat. ~ 116J.993 et seq. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.01. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has re'ceived ' no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmentallaw,regulation or review procedure or which would give any person a valid claim under the' Minnesota Environmental Rights Act. 2.2.02. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or 3 " results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the . Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.03. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connecti9n with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. ARTICLE 3 Conveyance of Redevelopment Property Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Article 3 of this Agreement if the following conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon: 3.1.01. the Redeveloper is not then in default under this Agreement; 3.1.02. the conditions set forth at Section 3.5 have been satisfied or waived in writing; . 3.1.03. the Redeveloper has found title to the redevelopment property to be marketable. Section 3.2. Time ofConvevance. 3.2.01. Ifno Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City will execute and deliver to Redeveloper the Redevelopment Property Deed on the earlier of: 3.2.01.A the conditions set forth in Section 3.5 have been satisfied; 3.2.01.B January 31, 2003; or 3.2.01.C on such other date as the City and the Redeveloper agree in writing. 3.2.02. Unless otherwise agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price will be made at the principal offices of the City. . 4 . . . Section 3.3. Consideration. 3.3.01. The price to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of conveyance, will be $875,000 in United States currency, in cash or by wire transfer, or upon such other terms and parcel release condition that are agreed upon by the parties in writing. Section 3.4. Title. 3.4.01. The City agrees that it will, on or before the date that the City delivers the Redevelopment Property Deed, review the state of title to the property and take any action reasonably necessary to render title to the parcel marketable. 3.4.02. The City will voluntarily take no action to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deed for the parcel is executed by the City and delivered to the Redeveloper. 3.4.03. Reservation of Park Parcel. The City will reserve the Park Parcel for municipal and city uses. Section 3.5. Additional Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by January 31,2003. 3.5.01. The Redeveloper has funded mortgage financing or shown sufficient equity infusion to the satisfaction of the City sufficient for construction of Phase I of the Minimum Improvements and a financing plan satisfactory to the City for eventual build- out of all phases of the Minimum Improvements. 3.5.02. The Redeveloper has submitted to the City executed binding construction contracts that will provide for construction of Phase I of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.5.03. The Redeveloper has received with regard,to the Minimum Improvements, a design permitting Planned Unit Development permit and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, the City Council. 3.5.04. The Redeveloper and the City have executed a final Development Agreement for all phases of the Minimum Improvements, including a schedule for completing each phase, a provision providing security to the City that all phases will be constructed according to the approved plans and according to the approved schedule. 5 Section 3.6. Limitation on City Obligations. . 3.6.01. In no event will the City be obligated to expend any more funds than expressly described in this agreement. 3.6.02. In the event that the Redevelopers are not entitled to a conveyance by April I, 2002, this agreement will be void and any sums paid to the City in the way of earnest money or other fees are forfeited. 3.6.03. The City makes no warranty that the buildings on the property are or can be made habitable or fit for re-use. The buildings are conveyed "as is" with the Developer assuming all risks with regard to the fitness for its purpose. ARTICLE 4 Real Property Taxes and Assessments Section 4.1. Real Property Taxes. 4.1.01. Real estate taxes due and payable in the year of closing will be payable pro-rata by the parties based on the date of closing. 4.1.02. Special assessments for public work, pending or levied, prior to the date of closing will be paid by the City. 4.1.03. The Redeveloper must pay when due all real property taxes payable with . respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. ARTICLE 5 Financine Section 5. I. Financing. 5.1.01. The Redeveloper must have submitted prior to conveyance of the Redevelopment Deed evidence of a commitment for financing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 5.2. Limitation Upon Encumbrance of Property. Prior to the conveyance of the Redevelopment Deed, neither the Redeveloper nor any agent or contractor Will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or mechanic or materialman lien to be made on or attach to the parcel. Section 5.3. In the event that the Redeveloper is not entitled to a conveyance by reason of an event of default and liens exist or are filed subsequent to a default, the Redeveloper agrees to indemnify the City, defend and hold the City harmless for any such lien for work authorized, contracted for, or ordered by the Redevelopers. . 6 . . . ARTICLE 6 Prohibitions Against Assignment and Transfer Section 6.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so,. is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. ARTICLE 7 Events of Default Section 7.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: 7.1.01. Failure to cure any charge or lien described in Section 5.2 within 30 days of its perfection. 7.1.02. Failure by the Redeveloper to satisfy all conditions precedent as set forth in Section 3.5 action by January 31, 2003. 7.1.03. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any condition of approval required by Section 3.5 of this Agreement. 7.1.04. The Redeveloper: 7.1.04.A files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; 7.1.04.B makes an assignment for the benefit of its creditors; 7.1.04.C admits in writing its inability to pay its debts generally as they become due; or 7 7.1.04.D is adjudicated bankrupt or insolvent. . Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7 of this Agreement occurs, the City may take anyone or more of the following actions: 7.2.01. Suspend its performance under the Agreement and refuse to deliver the Redevelopment Deed. 7.2.02. Terminate this Agreement. 7.2.03. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 7.3. No Remedy Exclusive. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or inequity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. Section 7.4. No Additional Waiver Implied by One Waiver. In the event any . agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 8 Additional Provisions Section 8.1. Conflict of Interests; City Representatives Not Individually Liable. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 8.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 8.3. Provisions Merged With Deed. The provisions of this Agreement are . intended to and will be merged with the Deed transferring any interest in the Redevelopment 8 . . . Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. Section 8.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 8.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and 8.5.01. in the case of the Redeveloper, is addressed to or delivered personally to' the Redeveloper c/o Brian Sweeney, The Sweeney Group, 6 West 5th Street, Suite 700,' St. Paul, Minnesota 55102; and 8.5.02. in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 8.6. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to.beduly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER By Jay L. Kimble, Its Mayor ATTEST: Diane F. Ward, Its City Clerk 9 TERRITORIAL PLACE LLC, a Minnesota limited liability company By Its STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this --'-- day of , 2002, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Diane E Ward, tome personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was sigried as the free act and deed of the CITY OF STILLWATER, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 2002, .1Jy , the agent for the Redeveloper, TERRITORIAL PLACE LLC. ' day of , , dulyautporized Notary Public 10 . . . . . . CITY OF STILLWATER SPECIAL CITY COUNCIL MEETING NO. 02-18 August 27, 2002 WORKSHOP 4:30 P.M. Budqet Workshop Council discussed the requested 2002 budget with the following departments: Police (Police Chief Larry Dauffenbach) Community Development/Building Inspection (Steve Russell) Fire (Fire Chief Kim Kallasted) Legal (Dave Magnuson) Administration/Finance/MIS (Larry Hansen, Sharon Harrison, Chantell Knauss, Rose Holman) City Administrator Hanson said that he would present the Council with a proposed budget and tax levy at the September 3,2002 Council meeting. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adjourn at 8:30 p.m. Jay L. Kimble, Mayor ATTEST: Larry D. Hansen, City Administrator iJ:- . CITY OF STILLWA"fER CITY COUNCIL MEETING NO. 02-19 Council Chambers, 216 North Fourth Street September 3, 2002 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger,Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Community Development DirectorRussell City Clerk Ward Press: Julie Kink, Courier OTHER BUSINESS . Discussion on sale of City property for eiqht-plexhousinq ,.- Mike O'Brien Mr. Mike O'Brien, Dr. RobertButler from HIS and Mr. Richard Gager from Gager Engineering presented conceptual drawings for an .eight-plex housing unit for t~e public works property behind City Hall that would house women coming out of a chemical treatment program and their children. Dr. Butler explained the funding and program design. He stated in order to receive funding a site must be acquired by December. They asked if the Council would be willing to enter into negotiations for the sale of that property. . Councilmember Rheinberger asked what the value would be of the project. Mr. O'Brien stated approximately$1.4M. Council member Bealka asked Public Works Director Eckles if there is a value determined for the public works property. Mr. Eckles stated that there has not been any serious discussion among staff or Council to determine the possible use of the public works property so no appraisal or study has been done on the property. Council member Rheinberger asked Dr. Butler if there has been any neighborhood interaction/reaction in the past on programs similar to this. :j.. ----.-- " Stillwater City Council Meeting September 3, 2002 , Dr. Butler stated that fortunately they have not had any problems with their sites with neighborhoods and that they have six different duplex sites. Councilmember Rheinberger asked how long would the people-be living at this facility.. Dr. Butler stated that HUD has defined this program as permanent housing so there is. no time limit. However, the program is designed to get the residents employed and into better living conditions. The expectation is that residents would live there, two-five years. Councilmember Milbrandt stated that Council would need to, see what options were available for the property before we sell it. Councilmember Bealka asked how Would this property be listed on the tax roll. J Dr. Butler stated that he would hope it would be listed as tax-exempt. Mayor Kimble asked ifthereis an end date of the program. Dr. Butler stated that the commitment to HUD ahd MHFA is to provide supportive housing for this population for 20 years. Councilmember Rheinberger stated he felt that this project should move forward because $1.4M is an improvement for the area, provides for redevelopment of the area and returns the property to the residential status that it previoUsly had.. . Council member Zoller stated that there is a process that should be followed which is to have review by the staff, Parks Board and Planning Commission before any decision is made on the property. Councilmember Bealka stated that the City should determine the value of the property and obtain a survey of the property.' , Councilmember Milbrandt stated he is not ready to make a commitment between now and December to sell that property to any developer. He stated that even though this is aworthwhile program, if Council decides to sell city property, he would be more open to offer iUo all developers tosee what the best return of the investment will be. The decision to sell or develop the property has not been determined Mayor Kimble provided a history of the public works property, the special use permit given in the 1960s for the public works operation and sale of this property. He stated that,the property is not zoned for this commercial use and caus,ed a problem with the residential homes and that came into play in the decision to look elsewhere fora new public works facility. Motion by Council member Zoller, seconded by Co,uncilmember Rheirtberger directing this issue to staff, Parks Board and Planning Commission for their review and to return to Council. for their review at the October 1, 2002 meeting. All in favor. Page 2 of 14 Stillwater City Council Meeting STAFF REPORTS September 3, 2002 . Community Development Director Russell reviewed a request from the fire department for the placement of signs for Fire Prevention Week placed on some city properties. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger approving the placement of signs for Fire Prevention Week. All in favor. Council member Rheinberger stated he has. received complaints about the removal of garage sale signs. Community Development Director Russell stated that only one sign per property is allowed by the sign ordinance and no signs are allowed on public right-of-way. Staff does remove the signs but it is not a top priority for enforcement, but if staff, police or public works see the signs they do remove them. Council member Bealka asked Public Works Director Eckles for an update on the lighting project. Public Works Director Eckles stated that Excel Energy is presently installing the bases for the poles and in two to three weeks the mast arms will be installed on the poles. Council member Milbrandt asked about the funding for the seeding item on the Consent Agenda and if the contractor is the same as last year's contractor. . Mr. Eckles stated that the Parks Board authorized the funding for Lowell Park out of the Lowell Park improvement fund and that funding for the other two parks will be funded out of the parks improvement fund. He stated that it is a different contractor however the prices received are based on the City taking the risk if the seed does not take due to weather, etc. If the City wants the contractor to take the risk the price of seeding would be significantly higher. Mr. Eckles stated that the sites are graded and it is basically to get some good turf in the parks. City Attorney Magnuson reviewed his memo on the negotiation for the railroad property purchase. He stated that the City and Burlington Northern agreed to share the costs of a joint appraisal on the remaining downtown railroad real estate. He stated that each party would have 60 days from the date of the delivery of the appraisal to object to the price and stated that if an objection to the price is not done within 60 days the price is binding for both parties. He recommended that Council object to the appraised amount and that notice be sent to the railroad which would allow for continued negotiation and allow the City to obtain their own appraisal. Mr. Magnuson stated that some recent sales in downtown have skewed the costs of this property. He stated that there are some other options to negotiate the price. . Motion by Councilmember Bealka, seconded by Councilmember Milbrandt directing City Attorney Magnuson to send notice to the railroad objecting to the appraisal. Page 3 of 14 Stillwater City Council Meeting September 3,2002 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to approve t. August 20, 2002 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation - Always Remember 9-11 Day Mayor Kimble read a proclamation for Always Remember 9-11 Day and informed residents of various 9-11 activities being held in Stillwater. Motion by Councilmember Rheinberger, seconded by Council member Zoller proclaiming September 11 as Always Remember 9-11 Day. All in favor. OPEN FORUM Mr. Bill Booth, representing Mulberry Point Yacht Harbor, thanked Council for the placement of handicapped. signs and for the comprehensive planning done for Lumberjack Days. He offered his services for the planning of Lumberjack Days for 2003 for activities held near the yacht harbor. Mr. Booth asked for an update on the railroad property and stated that he is willing to be a part of the planning for the parking issues once the property is available. Mayor Kimble reviewed the action at the 4:30 meeting relating to negotiations with the . railroad for railroad property in downtown. Page 4 of 14 . . . Stillwater City Council Meeting September 3, 2002 Mr. Richard Cummings and Mr. Andy Haak representing the Sunrise Rotary stated that they would be available as a resource financially and will provide volunteers to finish the Frisbee golf course to be an 18-hole course which includes concrete tee boxes and facilities placed out at the course, such a picnic shelter or playground. Council member Milbrandt stated that the Sunrise Rotary proposal comes at a good time because the Parks Board is in the process of doing inventory and is at the beginning of a comprehensive plan for the City parks and it is a welcomed call to aid. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger referring this issue to the Parks Board and Public Works Department to work with the Sunrise Rotary. Mr. Jim Tibbits requested that the drinking fountain at Washington Park be fixed and add additional fountains to other parks. Council directed Public Works Director Eckles to check into fixing the drinking fountain at Washington Park. CONSENT AGENDA Motion by Council member Bealka, seconded by Council member Rheinberger to approve the Consent Agenda. All in favor. Resolution 2002-195, directing payment of bills Approving Fiscal Year 2003 Budget - Joint Cable Communications Commission Resolution 2002-196, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Mad Capper, 224 South Main Street, Stillwater, MN Request for outside merchandising - Tires Plus Resolution 2002-197, approval of contract for seeding for Lowell, Legends and Crossings Parks UNFINISHED BUSINESS Possible second readinq of Ordinance 927, Amendina Stillwater Code. Chap.31-1,Subd.5.2- Zonina Maps Mayor Kimble reviewed the ordinance as it relates to the new business park (Jennings Bank). Motion by Council member Rheinberger, seconded by Councilmember Bealka to adopt Ordinance 927, amending Stillwater Code, Chap.31-1 ,Subd.5,2-Zoning Maps. All in favor Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of ordinance and settinq of hearinq or approval of ballot question relatinq to water board study. Page 5 of 14 Stillwater City Council Meeting September 3, 2002 City Administrator Hansen reviewed the recommendation by the Charter Commission approved at their meeting on Thursday, August 29, 2002 that the Council adopt an ordinance amending the City Charter to merge the Water Board with the City, but if . Council does not adopt the ordinance they are requesting that the question be placed on the November ballot. City Attorney Magnuson stated that the Council sets the form of the ballot but not whether or not the question goes on the ballots. City Administrator Hansen reviewed the study by Larson Allen that was hired to study the immediate and predictable cost savings or cost avoidance and identifiable general efficiencies if the Water Commission were to merge into the City.' Mr. Hansen stated that the immediate cost savings would be $22,000, however that probable cost avoidance, which included additional staff at a cost of $95,800 and prospective cost avoidance that would include staff, equipment rental and reduced overtime in plowing at a cost of $55,150 for a total cost savings now and in the future of $172,950. He also stated that there would be some one-time costs involved in the merger for training ($1,000), radio signal control box ($20,000 or $75,000 for moving the water control panel to the Public Works facility) and legal and accounting fees (est. $5,000). Councilmember Milbrandt asked if the Charter Commission unanimously approved the recommendation. Mr. Hansen stated that the Charter Commission approved the recommendation unanimously. . Council member Bealka asked the Mayor for his recommendation. Mayor Kimble explained the process that Council has to follow on this issue. He stated that his personal feeling was there some cost savings and being responsible for taxpayer expenditures and getting the best that you can for the money it may seem prudent. However, his personal feeling is that the question should go on the ballot because even though it may be a worthwhile decision, this would be a major cultural change for the residents of the community. He stated that the people come into City Hall to pay their sewer bill and go to the Water Department to pay their water bill. He stated that when the Gazette moved there were regular visitors to the Gazette building coming to pay their bill or get a copy of the paper not knowing that the Gazette had moved. It is that kind of cultural change that would occur. He stated that Charter Amendments that change the tradition of the community, such as the ward system, should be placed on the ballot. Council member Rheinberger asked the Mayor if he is likely to vote against the ordinance so it will go on the ballot for the community to act on. Mayor Kimble stated that he is likely to do that. . Councilmember Bealka asked how the question would be presented. Page 6 of 14 Stillwater City Council Meeting September 3, 2002 . Mayor Kimble stated thatthe Council sets the ballot and thatthe recommended question by the Charter Commission is Question 1 with the addition of "thereby dissolving the Board of Water Commissioners?" Council member Rheinberger stated that reluctantly he is in favor of the ordinance~ He stated he serves on the Water Board. He also stated that the way he sees it is that there is a hemorrhaging loss of$172,OOO, that the City has probably lost$1.5M in opportunity costs over the years, that if it gets to the ballot it will be very confusing to the residents, it is a reluctant advancement of government that we close/merge departments in the name of efficiencies and technology improvements. . Council member Milbrandt stated that he has been on the Council for almosttwo years and that this issue was brought up to be investigated at his firstworkshop session and here it is two years later with this study which shows a $150,000 savings. He stated he has received no negative input. He has talked with Mr. McKnight and Mr. Eckles who are in favor of this merger and that it should work and the City should realize these savings. He stated that he hoped that the decision on this issue is not going to get lost' in the, political overtones of the season and that since some of the overtones already have questioned the people's leadership he felt that this is the type of decision th(:it leaders have to make. He further stated thatthe Council has all the facts and have had a year and a half to study them. Mayor Kimble asked Council member Milbrandt if he didn't think that this would be a . cultural change to the community. Councilmember Milbrandt stated there is no doubt that decisions the Council makes may have an affect on the community but did not believe it would be a huge cultural shock. Council member Zoller stated that the Charter Commission studied this issue and unanimously recommended the merger of the Water Board to the City. He also stated that the Council is looking at balancing the budget and here i~ $150,000 in front of the Council and that in his mind it would be irresponsible if Council does not vote for this ordinance. He stated that it would be irresponsible, as leaders of this community, to not make the City more efficient. Mayor Kimble asked Councilmember Zoller if this issue were going tobe,so confusing that the citizens would not be able to make this decision. . I Council member Zoller stated yes. . Councilmember Rheinberger stated that he agreed with Council member Zoller in that it gets caught in the political rhetoric. To the Council it is clear because the Council has accountants and have taken the time to study the issue and most of the residents are only going to have a moment to answer a ballot question and not really understand the whole concept. He stated that he is not saying that the citizens could not make a better decision, but that the Council is the better informed. He stated forwisdom sake it would be better for the Council to make the tough decision. He also stated that noqecision is Page 7 of 14 Stillwater City Council Meeting September 3,2002 perfect and agreed with the Mayorthat therewill be some culture change, but within six weeks everyone will have new habits. He stated that he is not so sure that the City will gain $172,000 in savings, but as historical government studies show you will probably. save 2/3 which is $120,000. He also stated that the City has a deficit in the current budget that has to be closed and the Council has some reluctant responsibilities to do but the Council has a responsibility to bring government efficiencies. Councilmember Bealkaagreed with Councilmember Rheinberger to a point and stated that he felt that Council was elected to govern and make decisions, but he felt the Councii owed the publican opportunity to have their voice in the matter and yet again there is quite a bit of money that could be saved. Council member Zoller asked Councilmember Bealka how he would stand on the issue being that he isa member of the Charter Commission that passed this recommendation , unanimously. Mayor Kimble stated that if Council passed the ordinance a public hearing would be held on September 17. He asked what good does a publichearing do on the 1ih if the second reading fails and the question cannot be placed on the ballot in November.' City Attorney Magnuson stated that if the ordinance is adopted unanimously it would be the first reading of the ordinance, and the public hearing is required by statute. The second reading would be on the 1 ih. City Clerk Ward stated that the County would like to have the ballot question by . September 12, however the final date a ballot question can be plac~d on the ballot is September 17, 2002 at 5:00 p.m. Mayor Kimble asked if he votes negative tonight then the opportunity to place the question on the ballot is not lost for two years and if the ordinance can have a 4-1 vote tonight for the first reading and a 5-0 vote at the second reading after the public hearing. City Attorney Magnuson stated that both readings would have to have a 5-0 vote. Councilmember Milbrandt stated that the Council has had first readings and the second readings in the past and the second reading has been automatic. MayorKimble stated that in recent past ordinances that the ordinances were not Charter Amendments that require a public hearing. Councilmember Milbrandt stated that even if this is a Charter Amendment no ordinance receives a year and a half of study prior to its reading. Mayor Kimble explained'thatthe process would be Council must adopt the ordinance with a 5-0 vote approving the first reading and then a public hearing would be set for September 17, 2002 and that the second reading would also' have to be a 5-0 vote to adopt the ordinance. .'. Page 8 of 14 Stillwater City Council Meeting September 3,2002 Mayor Kimble asked wouldn't it be wiser to put the question on the ballot and let the citizens decide as it did in the ward system. . Council member Rheinberger stated that it deals with the materiality of the issue. The changing of the whole election system citywide should have gone to the citizens and it did. However, the significance of this issue is not major to the ordinary citizen and that Council should take the leadership and decide. He also stated that when Council ' , changed the charter for vice-mayor that did not go to the public it wasdone..internally. He stated that this issue should move forward. Mayor Kimble asked if the Water Board builds a water tower ifthatgoes, againstthe City's debt limit. Assistant Finance Director Harrison stated that the last water tower that was built was funded by a revenue bond and that does not go againstthe City's debt and if the City built a water tower it would not go against the City's debt limit because a revenue bond would probably be issued for the water tower. Council member Milbrandt stated that it would go against the ,enterprise fund the City would have to create if the Water Board was merged with the City. Ms. Harrison stated that was correct. It would not be a capital outlay bond unles,s Council decides to use tax dollars to back the bond issue rather than a revenue bond of which revenues are used to back the bond. . Councilmember Milbrandt stated that this issue has boiled down to an operational integration issue. He stated that it is getting more "bang for our buck" by mE;lrging the two departments to exercise savings and efficiencies. He also stated that he does not see the cultural impact and the feedback from the department heads from both departments have been positive. The financial impact is thatthere is $120,000 per year of savings identified by an independent consulting firm. Motion by Councilmember Milbrandt, seconded by Council member Zoller to approve the first reading of Ordinance No. 928, an ordinance amending the Charter of the City of Stillwater. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None " Motion by Council member Rheinberger, seconded by Council member Milbrandt setting the public hearing for September 17, 2002 at 7:00 p.m. or as soon as possible thereafter. All in favor. NEW BUSINESS Request for continuinQTIFassistance for Simonets . Community Development Director reviewed the request from Mr. James O'Brien to extend the TIF assistance for five more years. He stated that the site is within the Page 9 of 14 Stillwater City Council Meeting , September 3, 2002 scattered site tax increment district but the improvement does not contribute to the district making this request different from most requests. , Mr. Russell stated that in discussions with Mr. Q'Brienit was suggested that in lieu ot. providing five years of additional assistance, that the cost of the Curve Crest Lighting , project be paid by the City using TIF funds. He also stated thaUhis assistance would also benefit not only the Simonets Furniture Store but also the other businesses involved in the Curve Crest Lighting project; Sutler's and Brines. Because lighting is an eligible TI F assistance item. Motion by Council member Bealka, seconded by Council member Zoller to adoptResolution 2002-198, approving TIF assistance for Curve Crest Lighting assessments for Simonets, , Brines and Sutlers Liquor Store. All in favor. ' Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of conveyance as a result of property line encroachment City Attorney Magnuson reviewed the conveyance request. He stated that the City, conveyance of property to the Christofferson's is necessary since the Christofferson's title is senbr to the City's title and it is alsoregistered property with the protection given by the Torrens Act. The description of the property was in error and recommended that Council approve a resolution authorizing the conveyance. Motion by Council member Bealka, seconded by Council member Rheinbergerto adopt Resolution 2002-199, authorizing the conveyance of property. All in favor. . Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None ' Possible approval of aqreement withWashinqton County for a Street Liqht at CSAH.15 and 62nd Street" ", . , Public Works Director Eckles reviewed the street light agreement with Washington County. Councilmember Zoller clarified that this is a street light being installed; not a traffic light. Mayor Kimble asked when a stoplight would be installed in this area with I,eft turn and right turn lanes. Mr. Eckles stated that a project is in progress to upgrade that intersection and as part of that project a bypass lane has been added and is'nowcomplete whichnieans that southbound traffic on . Manning can go on the right if there is a car turning left off of Manning. He also stated that the County is looking at the installation of atraffic light at County Road 12 and Manning and potentially either a stoplight at Boutwell, or MCKuSiC'e Road. Page 100f14 . . . Stillwater City Council Meeting September 3, 2002 Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-200, approving the agreement with Washington County for a Street Light at CSAH 15 and 62nd Street. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of resolutions settinq payable 2003 Truth-in- Taxation Public Hearinq adoptinq the proposed budqet for the year 2003; adoptinq the proposed tax levy for the payable Year 2003. Mayor Kimble stated that the truth-in taxation hearing should be set for 7:00 p.m., December 3,2002 and if it needs to be continued it should be continued at 7:00 p.m., December 10, 2002. City Administrator Hansen stated that what would be happening on December 3, 2002 is having a regular Council meeting and a special Council meeting because the law requires municipalities to set it up that way. Council cannot adjourn to a public hearing they must specifically close one meeting and start another meeting. He stated that staff would work this out for Council. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2002-201, setting payable 2003 Truth-in-Taxation Public Hearing. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Rheinberger, seconded by Council member Bealka to adopt Resolution 2002-202, adopting the proposed tax levy for the payable year 2003. All in favor. Mayor Kimble stated that the proposed tax levy is $6,603,957. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble stated that the proposed budget for 2003 is $11,625,436. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2002-203, adopting the proposed budget for the year 2003. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Callinq for assessment hearinqs for Curve Crest Boulevard Industrial Park Liqhtinq (Proiect 2000-13A); 2002 Street Improvement Project (Project 2002-02) and 2002 Sidewalk Rehabilitation Proiect (Project2002-11) Public Works Director Eckles reviewed the proposed assessments for the above projects. Page 11 of 14 Stillwater City Council Meeting September 3', 2002 Mayor Kimble stated that the public hearings would beset for October 1, 2002 at 7:00 p.m. or as soon as possible thereafter. , ' , . Councilmember Zoller asked if the sidewalk project would be completed prior to the hearing. Mr. Eckles stated that the project probablywould not be completed prior to the hearing, however staff has measured what sidewalks will be'removedand prepared the assessment roll. He stated that an assessment hearing could wait until next year however the City would absorb the bonding costs, etc.' City Attorney Magnuson stated that many cities hold an assessment hearing along with an improvement hearing so that assessment issues can be handled prior to the construction otthe project. He stat(3d that it is not unusual to base assessments on 'an estimate of the project costs. He also stated that corrections to the assessment roll could be done until December. Councilmember Milbrandt stated that the bids for the projects came in less than the estimate so the assessments should be less than what-was anticipated. Motion by Council member Rheinberger, seconded by CouncilmemberZoller to adopt Resolution 2002-204, resolution calling for hearing on proposed assessment for 2002 Street Improvement Project (Project No. 2002-02). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None . Motion by Councilme'mber Rheinberger, seconded by Council member Bealkato adopt Resolution 2002-205, resolution calling for hearing on proposed assessment for 2002 Sidewalk Rehabilitation Project (Project No. 2002-11). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimbl'e Nays: None Motion by Councilmember Rheinberger, seconded by Council member Beaika to adopt Resolution 2002-206, resolution calling for hearing on proposed assessment for Curve Crest Industrial Par~ Lighting {Project 2000-13A). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None ' Possible adoption of assessments for Curve Crest-Boulevard Extension for Bradshaw Proiect (2000-11, lot. 348) Mayor Kimble reviewed the adoption of the assessment for Curve Crest'Soulevard Extension for the Bradshaw project. . Page 12 of 14 . . . Stillwater City Council Meeting September 3, 2002 Public Works Director Eckles stated that as part of the development agreement the developer agreed to pay for all improvements. Motion by Council member Rheinberger, seconded by Council member Zoller to adopt Resolution 2002-207, resolution adopting assessment for Curve Crest Boulevard Extension for Bradshaw Project (Project 2000-11, LI 348). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible approval of transfer of Off-Sale Liquor License - Kinsel's Liquor Store Mayor Kimble reviewed the request for the transfer of the off-sale liquor license for the Kinsel's Liquor Store. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-208, approving transfer of off-sale liquor license from Kinsel's Inc. to Twin Investments, LLC, DBA: Kinsel's Liquor Store subject to review and approval of the Police, Fire, Building, Finance Departments, Minnesota Liquor Control and successful closing on the property. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Council member Zoller requested that Council member Milbrandt be appointed to the Trunk Highway 36 Study Committee effective immediately because as of January 1 he would no longer be on the Council. He also stated that there is a task force meeting on September 18, 2002. Motion by Council member Rheinberger, seconded by Councilmember Bealka appointing Council member Milbrandt to the Trunk Highway 36 Committee. All in favor. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 8:12 p.m. Allin favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Page 13 of 14 Stillwater City Council Meeting September 3, 2002 . Page 14 of 14 . City O~ g HQQwatell, uU ltUlegota CPllocQamaHon WHEREAS, The Constitution of the United States of America, the guardian of our' .1 liberties, embodies the principles'of limited government in a Republic dedicated to rule by law; and WHEREAS, September 1 7/ 2002 marks the two hundred fifteenth anniversary of' the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official reCognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and ' . WHEREAS, Public Law915 guarantees the issuing of a proclamation each year by , the president of the United States of America designating September 17th thrqugh 23rd as Constitution Week, NOW, THEREFORE, I, JAY L. KIMBLE, by virtue of the authority vest~d in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim the week 'of September 17th through 23rd as , CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1 787 by vigilantly. protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 17th day of September of the year of our Lord ' two thousand two. uUayolt . . . Minnesota Lawful Gambling Page 1 of2 3/01 LG220 - Application for Exempt Permit Fee - $25 For Board Use Only Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number :HURCH OF ST. MICHAEL Street City State/Zip Code County 611 S. Third St. Stillwater MN' 55082 WN Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Fr. Michael Sklu,zacek 65l-439~4400 Name of treasurer Daytime phone number of First name Last name treasurer: Quentin HEdmerman 439""'4964 Type of Nonprofit Organization Check the box that best describes your organization: D Fraternal [i] Religious D Veteran D Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: D IRS letter indicating income tax exempt status D Certificate of Good Standing from the Minnesota Secretary of State's Office D A charter showing you are an affiliate of a parent nonprofit organization Gil Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Church of St. Michael & SCCS (School) Address (do not use PO box) City State/Zip Code County 611 and 621 S. Third St. Stillwater MN 55082 WN. Date(s) of activity (for raffles, indicate the date of the drawing) November 9, 2002 10:00 A. M. to 3:00 P. M. Check the box or boxp.s that indicate the type of gambling activity your organization will be conducting: Q *Bingo o Raffles (cash prizes may not exceed $12,000) o *Paddlewheels D *Pull-Tabs o *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the follOWing: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 - Application for Exempt Permit Organization Name_____Chur.ch_.o.f..-5L- Mi r 11::1 f> 1 Local Unit of Government Ac~nowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. Print name of city ____________________ (Signature of city personnel receiving application) Title_________________________________ Date_____j ____j ______ Chief Executive Officer's Signature The information provided in this applic i is co Chief executive officer's signature . Name (please print) Fr. Michael C. Skluzacek Page 2 of2 3/01 .sJ::..~_Michael~~________________ If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. . O The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county _______________~--- (Signature of county personnel receiving application) Title Date_I____j____ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township ________________________ . (Signature of township official acknowledging application) Title Date__I_I______ Date_~_C~_/__Q.~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send:'''' _>.' . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. . , .' . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2002- 209 . Ace Hardware Action Rental Advanced Sportswear American Test Center Appletree Institute Aspen Mills AT&T Bachmans Becker Arena Products Bell's Trucking Inc. Board of Water Commissioners Brines Market Buberl Black Dirt, Inc. Buberl, Larry Buberl Recycling & Compost, Inc. Catco Century Power Equipment C & H Sport Surfaces Chief Supply City of Bayport City of Edina, MN Technical Rescue Clarey's Safety Equipment Coca Cola Construction Bulletin Country Home Products Cub Dew Corporation Diem, Beth Election Systems & Software, Inc. Emergency Automotive Express Photo Eull's Manufacturing First Line Beverage Fitzgerald, Sue Foremost Promotions G&K GCS Service, Inc. Goodwill Gopher State One Call Grafix Shoppe Grand Prix Vending HIS, Jeff Pohl Hi-Tech Signs, Inc. IBM Jansens Cleaning Service Johnson, Ron Jorgenson, Roberta Kremer Spring & Alignment . Hardware Propane, Concrete Trailer, Blade Uniforms Hockey League Tested Ground Ladders Retirees Health/Hospitallnsurance Uniforms Telephone Alpine Trees Tempered Glass Rental of 0-3 Repair Hydrant Election Judges Meals Black Dirt Animal Transport Wood Waste Logs Hydraulic Pump & Motor Repair Repair Kit Resurface Tennis Courts Hot Shields Lumberjack Days Security Seminars Cordless Earplugs Concession Supplies Publications Drive Shaft, Drive Belt & Blade Belt Concession Supplies, Fire Public Works Facility Application 11 Reimburse NAPC Conference Grant Election Supplies Repair Lights on Fire Truck Prison Fire Film Processing Cement Blocks Concession Supplies Reimburse NAPC Conference Grant Yellow Stock Fire Hats Uniforms, Rugs, Towels & Soap Blower Motor August ADC Expenses Billable Tickets Logo for Inspection Truck Concession Supplies Reimburse Utility Bill Banner for Ice Arena Maintenance Agreement Maintenance Agreement Reimburse Expenses Refund Hockey 4 x 4 Repair Parts 247.25 625.17 3,090.74 440.00 21,192.78 43.50 237.48 364.14 , 267.88 510.00 549.82 340.85 159.75 25.00 24.00 3,199.98 34.09 6,875.00 170.95 182.88 360.00 932.39 666.25 335.62 186.35 226.77 469,260.00 992.89 92.28 444.56 139.18 313.30 328.50 941.27 117.53 2,743.53 101.09 337.00 13.95 37.28 168.00 69.00 140.00 25.23 275.00 73.62 100.00 357.52 EXHIBIT" A" TO RESOLUTION #2002- 209 Kuehn, Michael Lake Management LAK Institute, LLC League of MN Cities Lind, Gladys Linner Electric Maple Island Hardware Marich, John Menards Meredith, Nathan Metropolitan Council Environmental Service Met Council Met Life Dental Minn Comm MN Dept of Transportation MN State Fire Dept Assoc. M J Raleigh Nestle Ice Cream Company North Star International Trucks Northwestern Tire Co. Oakstone Office Max Oasis #616 On Site Sanitation Pameco Parts Associates, Inc. Plattner, Earl Price, Monica Professional Development Series, Hamline Reliable Office Supplies R & R Specialties Rybak St. Croix Boat & Packet St Croix Boat & Packet St. Croix Office St. Croix Recreation Co. St. Croix Valley Athletic Partnership Inc. St. Paul Pioneer Press Samaritan Tire Sani-Masters Inc. Sentry Systems Shilts, Cindy Sister Cities International Space Mobile & Modular Structures Sprint State of MN Building Codes & Standards Stillwater Courier Stillwater Ford Stillwater Gazette Page 2 Reimburse Work Boots Treatment of Lily Lake Dry Land Training NPDES Phase II Stormwater Guide Plan Purchase Agreement Repair Equipment Hardware Refund Hockey 4 x 4 Hardware Clothing for Investigative Position Oct 2002 Billing August SAC Report Ken Kress August Pagers Annual Billing,Mailing List Annual Dues Gravel, Demolition Terratorial Prison Concession Supplies Repair Parts Tires Public Employment Law Report Office Supplies Fuel for Fire Trucks at Prison Fire Monthly Rentals Ref Oil Ice Arena Repair Supplies Reimburse Work Boots Mileage & Parking Reimbursement Seminars Office Supplies Blade Grinds, Goal Crease Back Hoe Prison Fire Meals Prison Fire Workers August 2002 Arena Billings Office Supplies Play Structure Old Athletic Field 2002 Contribution Publications Tires Graffiti Removal Monitoring Service Travel Advance Annual Conference Membership Rental September Cell Phones Plan Review Fees Publications Vehicle Repair Publications '. "- . 55.00 906.70 500.00 5,000.00 927.00 131.25 443.49 100.00 91.88 400.00 94,562.40 28,512.00 34.22 453.82 25.00 250.00 3,075.40 109.44 8.57 487.64 271.14 122.76 111.74 354.55 247.18 19.16 40.00 94.09 188.00 383.69 205.53 1,050.00 72.35 30,392.94 472.70 30,600.65 27,000.00 480.98 300.07 1,175.00 107.67 250.00 295.00 135.00 39.56 3,600.68 238.16 139.45 297.22 . . EXHIBIT" An TO RESOLUTION #2002- 209 Page 3 . Stillwater Towing Towings 388.75 Stork Twin City Testing Professional Services 437.25 Streicher's Vest 89.95 Suburban Law Enforcement Association Membership 20.00 T A Schifsky & Sons Asphalt & Tack Oil 2,258.28 The Taylor Group Seminars 790.00 Texaco Food & Fuel Supplies for Prison Fire 17.38 Tomten Environmental Design Planning Reviews & Graphics 280.00 Tomten, Roger Reimburse NAPC Conference Grant 851.99 Tower Asphalt Curve Crest West Application #1 191,211.35 Trans Union LLC Peer Report 10.00 Treadway Graphics Dare Supplies 192.39 Turning Point Office Supplies 234.30 US Bank Paying Agent Fees 700.00 Vance Brothers Asphalt 1,331.57 Verizon Cell Phones 415.35 Ward, Diane Election Supplies 61.07 Washington County License Center Police Forfeitures 50.00 Washington County Recorder Variances 135.00 Washington County Sheriff Lumberjack Days Security 8,191.06 Washington County Transportation Traffic Services 89.22 Wear Guard Uniforms 36.74 Wicker, Steve Reimburse Work Boots 45.00 . Zee Medical Service Medical Supplies 172.08 Yocum Oil Prison Fire Fuel 704.80 ADDENDUM TO BILLS Arch Wireless Pager 17.49 Dept. of Employee Relations Seminar 35.00 Emergency Apparatus Maintenance Fire Trucks Repaired 8,682.09 Erickson, Ron Rust Remover 4.25 First Quality Fence Fence Territorial Prison 5,075.00 Fred Pryor Seminars Seminar 195.00 Knauss, Chantell Mileage & Seminar Fees 47.21 League of Minnesota Cities Membership Dues 9,362.00 Magnuson Law Firm Professional Services 7,572.58 Minnesota Historical Society Conference 230.00 Neopost Postal Meter Maintenance & Rental 659.00 Polk Directories New Directories 856.00 Press Publications Chief Mechanic Classified 82.00 Qwest Telephone 1,224.39 SALA Architects Browns Creek Warming House 688.80 Short Elliott Hendrickson, Inc. Parking Feasibility Study 566.31 Stillwater Equipment Co. Megaphone 95.66 The Gazette Classified Advertising 50.40 Xcel Electricity/Gas 14,620.96 . Total 1,011,896.12 EXHIBIT" An TO RESOLUTION #2002- 209 Page 4 . Adopted by the City Council this 17th Day of September, 2002 . . . LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2002- 207 . Ace Hardware Action Rental Advanced Sportswear American Test Center Appletree Institute Aspen Mills AT & T Bachmans Becker Arena Products Bell's Trucking Inc. Board of Water Commissioners Brines Market Buberl Black Dirt, Inc. Buberl, Larry Buberl Recycling & Compost, Inc. Catco Century Power Equipment C & H Sport Surfaces Chief Supply City of Bayport City of Edina, MN Technical Rescue Clarey's Safety Equipment Coca Cola Construction Bulletin Coordinated Business Systems Country Home Products Cub Dew Corporation Diem, Beth Election Systems & Software, Inc. Emergency Automotive Express Photo Eull's Manufacturing First Line Beverage Fitzgerald, Sue Foremost Promotions G&K GCS Service, Inc. Goodwill Gopher State One Call Grafix Shoppe Grand Prix Vending HIS, Jeff Pohl Hi-Tech Signs, Inc. IBM Jansens Cleaning Service Johnson, Ron Jorgenson, Roberta . Hardware Propane, Concrete Trailer, Blade Uniforms Hockey League Tested Ground, Ladders Retirees Health/Hospitallnsurance Uniforms Telephone Alpine Trees Tempered Glass Rental of D-3 Repair Hydrant Election Judges Meals Black Dirt Animal Transport Wood Waste Logs Hydraulic Pump & Motor Repair Repair Kit Resurface Tennis Courts Hot Shields Lumberjack Days Security Seminars Cordless Earplugs Concession Supplies Publications Maintenance Agreement Drive Shaft; Drive Belt & Blade Belt Concession Supplies, Fire Public Works Facility Application 11 Reimburse NAPC Conference Grant Election Supplies Repair Lights on Fire Truck Prison Fire Film Processing Cement Blocks Concession Supplies Reimburse NAPC Conference Grant Yellow Stock Fire Hats Uniforms, Rugs, Towels & Soap Blower Motor August ADC Expenses Billable Tickets Logo for Inspection Truck Concession Supplies Reimburse. Utility Bill Banner for Ice Arena Maintenance Agreement Maintenance Agreement Reimburse Expenses Refund Hockey 4 x 4 179.87 625.17 3,090.74 440.00 21,192.78 43.50 237.48 364.14 267.88 510.00 549.82 340.85 159.75 25.00 24.00 3,199.98 34:09 6,875.00 170.95 182.88 360.00 59.9.0 666.25 '335.62 6.96 186.35 .101.18 469,260.00 992.89 92.28 444.56 129.15 313.30 328.50 941.27 117.53 2,743.53 101.09 337.00 13.95 37.28 168.00 69.00 140.00 25.23 ,~75.00 ' '73.62 100.00 EXHIBIT" A" TO RESOLUTION #2002- 207 Kremer Spring & Alignment Kuehn, Michael Lake Management LAK Institute, LLC League of MN Cities Lind, Gladys Linner Electric Maple Island Hardware Marich, John Menards Meredith, Nathan Metropolitan Council Environmental Service Met Council Met Life Dental Minn Comm MN Dept of Transportation MN State Fire Dept Assoc. M J Raleigh Nestle Ice Cream Company North Star International Trucks Northwestern Tire Co. Oakstone Office Max Oasis #616 On Site Sanitation Pameco Parts Associates, Inc. Plattner, Earl Price, Monica Professional Development Series, Hamline Reliable Office Supplies R & R Specialties Rybak St. Croix Boat & Packet St Croix Boat & Packet St. Croix Office St. Croix Recreation Co. St. Croix Valley Athletic Partnership Inc. St. Paul Pioneer Press Samaritan Tire San i-Masters Inc. Sentry Systems Shilts, Cindy Sister Cities International Space Mobile & Modular Structures Sprint State of MN Building Codes & Standards Stillwater Courier Stillwater Ford Page 2 Repair Parts Reimburse Work Boots Treatment of Lily Lake Dry Land Training NPDES Phase II Stormwater Guide Plan Purchase Agreement Repair Equipment Hardware Refund Hockey 4 x 4 Hardware Clothing for Investigative Position Oct 2002 Billing August SAC Report Ken Kress August Pagers Annual Billing,Mailing List Annual Dues Gravel, Demolition Terratorial Prison Concession Supplies Repair Parts Tires Public Employment Law Report Office Supplies Fuel for Fire Trucks at Prison Fire Monthly Rentals Ref Oil Ice Arena Repair Supplies Reimburse Work Boots Mileage & Parking Reimbursement Seminars Office Supplies Blade Grinds, Goal Crease Back Hoe Prison Fire Meals Prison Fire Workers August 2002 Arena Billings Office Supplies Play Structure Old Athletic Field 2002 Contribution Publications Tires Graffiti Removal Monitoring Service Travel Advance Annual Conference Membership Rental September Cell Phones Plan Review Fees Publications Vehicle Repair . 357.52 55.00 906.70 500.00 5,000.00 927.00 131.25 443.49 100.00 91.88 400.00 94,562.40 28,512.00 34.22 453.82 25.00 250.00 3,075.40 1 09.44 8.57 487.64 271.14 122.76 111.74 354.55 247.18 19.16 40.00 94.09 188.00 383.69 205.53 1,050.00 72.35 30,392.94 210.52 30,600.65 27,000.00 480.98 300.07 1,175.00 107.67 250.00 295.00 135.00 39.56 3,600.68 238.16 139.45 . . . . . EXHIBIT" A" TO RESOLUTION #2002- 207 Stillwater Gazette Stillwater Towing Stork Twin City Testing Streicher's Suburban Law Enforcement Association T A Schifsky & Sons The Taylor Group Texaco Food & Fuel Tomten Environmental Design Tomten, Roger Tower Asphalt Trans Union LLC Treadway Graphics Turning Point US Bank Vance Brothers Verizon Ward, Diane Washington County License Center Washington County Recorder Washington County Sheriff Washington County Transportation Wear Guard Wicker, Steve Zee Medical Service Yocum Oil Adopted by the City Council this 17th Day of September, 2002 Page 3 Publications T owings Professional Services Vest Membership Asphalt &Tack Oil Seminars' Supplies for Prison Fire Planning Reviews & Graphics Reimburse NAPC Confer,ence Grant Curve Crest West Application #1 Peer Report Dare Supplies Office Supplies Paying Agent Fees Asphalt Cell Phones Election Supplies Police Forfeitures Variances Lumberjack Days Security , Traffic Services Uniforms Reimburse Work Boots Medical Supplies, Prison Fire Fuel 273.03 388.75 43725 89.95 20.00 , 2,258.28 790.00 17.38 280.00 851.99 191,211.35 10.00 192.39 234.30 700.00 1,331.57 415.35 61.07 37.50 135.00 . 8,191.06 89.22 36.74 45.00 , 172.08 704.80 . . . STAFF REQUEST ITEM I Department: . Fire I Date: Sept. 13, 2002 ." DESCRIPTION OF REQUEST (Briefly outline what the request is) A Scott, Eagle III thermal imaging camera, with transmitter and' monitor. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the system is $16,800. In addition to the purchase price, $2,000 will be spent on department training from a separate vendor. All funds will be paid out of the "Friends of Fire" account, which is . money received through generous donations from the community. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Kim Kallestad Date: Sept. 13,2002 ;:,ep it:: Ut:: U0:i"tp rax IOOlln~ c...:l~ QUOTATIC)N Clareys _ SAFETY EQUIPMENT, INC 3555 9TH STREET N,W, SUITE #200. ROCHESTER, MN 5590' r;: S+1I "t<-h, f- ; (" "- Upf. .A\tf\ : ~'n~~S 2Q\J \ ~ I ~!ePhone; <051- 35( - L(ct?( Fax: ~51- y~ -82oCjJ We are pleased to quole as follows. Your inquiry Quantity DeSCription Sco# ~~.I[ ~\/><J.\ IO;"d ~~r~ ; 0C\~QS 2 k-tb2c ~$L-.S 5' tl-<X+ ! c..~g9-\/G\\\O; ~ Q:>.s::Q I W f ;S+ S~of I ~~o~~CJ I I~~~\~ I L\-~t\~\ w~~~ss -kq~~\tq\ K:\- w i ~ '" d' yn.o.! ,,--\--- QJ.n""-1 cA~ CA ql'O\ {3 (I ~~Dc -TV \JC~ SAFETY IS OUR BUSINlESS LOCAL 1--507-289-6749 FAX 1-507-289-5213 IN MrNNESOTA 1-800-558-8009 OUT-OF-STATE WATTS 1-800-624-5526 J'>. 1 Dale g'- /2 -O.:L Terms Prices quoted am EO.B. Delivery Price Amount 1~800 . By _ mail: info@cJareys.com . P~G2768B-l M.l /fJO LOCATION: 234 RX TIME 09/12 '02 17:05 . . . STILLWATER PUBLIC LIBRARY 223 N. Fourth St. Stillwater MN 55082 651.439.1675 www.ci.stillwater.mn.us/library MeVl.A..o To: Mayor and City Council From: Lynne Bertalmio, Director Re: 2002 Capital Budget Reallocation 11 September 2002 In August and September, the roof over the Margaret Rivers Roomhas leaked badly in every heavy rain. The ceiling of the room has been damaged, and we have had to move some furniture from the room. Our roofing consultant wasp able to examine the situation while the leaks were occurring. He identified three different problems as responsible for the leakage and the costs to repair each: 1. Problems with thesouthem portion of the flat roof..........................$7,718 2. Problems with the underlayment of the tile roof...............................ll,518 3. A failed gutter in the south roof...............;........................................1 0,963 The total for all repairs is $30,199. We currently have $3,000 for roofr~pairs in our approved 2002 capital budget. Due to the serious nature of these leaks and their potential to cause further damage, the Board of Trustees voted at its meeting on September 10,2002, to request that the City Council reallocate $27,199 from our approved 2002 capital budget to this project. These funds could be reallocated fromthe following approved projects which we will now notdo: Outdoor program space......................... ..,....................................:....... .$12,000 Shelving.............. ........... ........................................................................ .15,199 (of the total $29,500 for shelving in the approved budget) . Memornndum To: Mayor Kimble and City Council Members CC: Larry Hansen, Administrator From: Larry DaufIenbach. Police Chief Dale: 911112002 Re: Reimbursement for Alcohol Compliance Checks We have again made application for the reimbursement of our underage compliance checks. This is a grant through the State of Minnesota, Department of Public Safety. The grant pays the City for doing ttlechecks. This year the grant is for $2340.00 Recommend acceptance of the grant . 1 RESOLUTION NO. 2002-208 AUTHORIZING ACCEPTANCE OF GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR UNDERAGE COMPLIANCE CHECK/ALTERNATE ENFORCEMENT GRANT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Stillwater, Minnesota Police Department accepts a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for underage compliance check/alternate enforcement grant for 2002-2003. Adopted by Council this 1ih day of September 2002. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . .i: STATE OF MINNESOTA ANNUAL PLAt~ GRA1~T CONTRACT .ThiS grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Alcohol & Gambling Enforcement Division, 444 Cedar Street, Suite 133 Town Square. St.Paul. MN 55101-5133 ("State") and the City ofStillwate:r,Stillwater Police Department, 216 North 4th. Street, Stillwater, MN ("Grantee"). . e Recitals 1 Under Minn. Stat. ~ 299A.0 1, Subd 2(4) the State is empowered to enter into this grant contract. 2 The State is in need of reimbursing local jurisdictions fortheir participation in a federal grant program to combat underage drinking. 3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contractto the ' satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: July 1, 2002, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed 'and the Grantee has been notified ,by the State's Authorized Representative tQ begin the work. 1.2 Expiration date: May 31, 2003, or until all obligations have been satiSfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorserilent; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not astate employee, will: 2.1 Conduct independent compliance checks at licensed liquor establishments within their jurisdictions. 2.2 Report fmdings back to the State using the State approved reporting form. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Stat. ~ 340A.415. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be paid an amount not to exceed $2.340.00 Based on the following method ofpavrnent: $30.00 per completed compliance check. (2) Travel Expenses. Reimbursement for travel and s:Qbsistence expenses actualiy and necessarily incurred by the Grantee as a result of this grant contract will not exceed $ 0.00; provided thatthe Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amountthart provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. TotalObligation. The total obligation of the State for all compensationaild reimbursements to the Grantee under this grant contract will not exceed Two Thousand ThreeHundredFortv Dollars and no/tOO's dollars. $2.340.00 Grant (Rev. l2IOO) C:\Documents and Settings\sstewart.DPS-NBT\Desktop\Comp Check Grant Contract Year 031.doc I, 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and -the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: . Itemized invoice and report must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfactorily performed. Final invoice and report must be received no later than June 30,2003. (2) Federal funds. (Where applicable, ifblank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title Juvenile Justice & Delinquency Prevention CFDA number 16.541 of the Department of Justice Act of 1974 Sec. 261,262 Public law 93-415 and amendments thereto. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full [mancial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or 'local law . 6 Authorized Representative The State's Authorized Representative is Scott Stewart, Proiect Coordinator, 444 Cedar Street, Suite 133 Town Square, Sf. Paul MN 55101-5133, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Chief Larry Dauffenbach, 216 North 4th. Street, Stillwater, MN 651- 351-4922. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failUre does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. 9 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and . Grant (Rev. 12/00) C:\Documents and Settings\sstewart.DPS-NB1\Desktop\Comp Check Grant Contract Year 031.doc 2 practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six ye:trs from the end of this grant contract. . Grantee will also comply with all federal audit requirements as stated in Attachment A., which is hereby incorporated by reference and made a part of this grant contract. 10 Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, 'collected, received, stored,used, maintained, or dissemmated:by the Grailtee under this grant contract. The civil remedies of Minn.. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Grantee orthe State. . If the Grantee receives a request to release the data referred to in this Clause, the Graritee must immedi;ltely notify the State. The State will give the Grantee instructions concerning the 'release of the data to the requesting party before the data is released. . 10.2 Intellectual Property Rights (1) Intellecfual Property Rights: The State shall own aU rights, title, and interest in allofthe.intellecfual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents and subcontractors, either individually or jointly with others in the performance of this grant contract. WORKS shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant contract. The DOCUMENTS shall be the exclusive property of the State and all such DOCUMENTS shall be remitted to the State by the Grantee upon completion or cancellation of this grant contract. To the extent possible, those WORKS eligible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire." The Grantee agrees to, and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCUMENTS to the State. The Grantee shall, at the request of the State, execute all . papers and perform all other acts necessary to transfer or record the State's ownership inteiestin the WORKS and DOCUMENTS. (2) Obligations: (a) Notifications: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors in the performance of the grant contract, the Grantee shall immediately give the State's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. . (b) Representation: The Grantee shall perform all acts and take all steps necessary to ensure that all intellectual property rights in the WORKS and DOCUMENTS are the sole property of the State, and that no Grantee employee, agent, or subcontractor retains any interest in and to the WORKS and, DOCUMENTS. The Grantee represents and warrants that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of other persons or entities. The Grantee shall indemnify, defend, and hold harmless the State, at the-Grantee's expense, from anY action or claim brought against the State to the extent that it is based on a claim that all or part of the WORKS or DOCt)MENTS infringe upon the intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, attorneys' fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise, Grant (Rev. 12100) C:\Documents and Settings\sstewart.DPS-NBT\Desktop\Comp Check Grant Contract Year 031.doc 3 the Grantee shall, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modifY the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the State shall be in addition to, and not exclusive of, other remedies provided by law. . (3) Survivability: The rights and duties of the State and the Grantee provided for above shall survive the expiration or cancellation of this Contract. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. 9 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. -Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for'the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue . Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days'written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. e Grant (Rev. 12/00) C:\Documents and Settingslsstewart.DPS-NB1\Desktop\Comp Check Grant Contract Year 031.doc 4 15 Data Disclosure Under Minn. Stat. S 270.66, and other applicable law', the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and' state tax laws which could result in action requiring the Grantee to file state tax 'returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. . 1. STATE ENCUMBRANCE VERIFICATION Individual cerrifies that funds have been encumbered as required by Minn. Stat. SS 16A. J 5 and J 6C05. ~ V, Signed: - ~~.~ , Date: ~ J d..~\O~ Annual Plan Grant Contract No. q 1 (JD-- CJ..-. 'i L 3. ,STATE AGENCY By: (with delegated authority) Title: Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: .y: Title: Date: Distribution: Agency Grantee State=s Authorized Representative - Photo Copy . Grant (Rev. 12/00) C:\Docurnents and Settings\sstewart.DP~NBT\Desktop\Cornp Check Grant Contract Year 031.doc 5 Attachment A, Page 1 of2 .. FEDERAL AUDIT REQUIREMENTS . 1. For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends total direct and indirect federal assistance of: ** Equal to or in excess of $300,000 or more per year, the grantee agrees t6 obtain a financial and compliance auditmade in accordance with the Single Audit Act of 1984 , . (Public Law 98-502) and the federal Office of Management and budget (OMS) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of.the grantee government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during theyear. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering. both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1,1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit . organizations If the grantee expends total direct and indirect federal assistance of $300,000 or more per yeClr, the grantee agrees to obtain a financial and compliance audit made in accordance with OMS Circular A-133. The audit must be an organization wide audit; unless it is a coordinated audit in accordance with OMS Circular A.,133. 'However,when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. . Audits shall usually be made annually, but not less frequently than every two years. 3. All audits shall be made by an independent auditor. An independent ,auditor is a state or local govemment auditor or a public accountantwho meets the independence standards specified in the General Accounting Office's Standards for Audit of GovernmentalOrQanizations. PrOQrams. Activities. and Functions. 4, Audit reports shall state that the audit was performed in accordance with the provisions of OMS Circular A-133 as applicable. . The reporting requirements for audit reports shall be in accordance with the American 'Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. The reporting requirements for audit reports on compliance and intemal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Govemmental Entities . and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." . . . Attachment A, Page 2 of 2 In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and 'any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessarY for the grantor to comply with the Single Audit Act-and OMS Circular A-133, as ,~pplicable. 6. Grantees of federal financial assistance fromsubrecipients are also required to complywiththe Single Audit Act and the OMS Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division ' and with the Department of Public Safety,within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients expending more than $300,000 in federal funds are to submit one copy of the audit, report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse . Memornndrnn To: Mayor Kimble and City Council Members cc: Lany Hansen, City Administrator From: Lany Dauffenbach, Police Chief Date: 9/1112002 Re: Retailers Protection Association Agreement . Last year the legislature, along with the Retailers Association of Minnesota, created a Retailers Protection Association. The program provides an ahernative to criminal prosecution of individuals who issue dishonored checks (insufficient funds). This program will provide that the victim is paid in full restitution from the offender who bas issued the check along with financial training for the first time offender. First time offenders who participate in the program will be diverted from prosecution. The Retailers Protection Association will administer the program. There will be no cost to the Oty of Stillwater or the police department. The program only covers insufficient fund checks. All other checks, dosed account and forgeries will continue to be investigated by the police department Recotn:meIld approval of the contract. 1 RESOLUTION 2002- 209 APPROVING OF AGREEMENT WITH RETAILERS PROTECTION ASSOCIATION FOR BAD CHECK PROGRAM BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Retailers Protection Association for the Bad Check Program, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 1 yth day of September 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . -- . . e BAD CHECK PROGRAM AGREEMENT FOR THE CITY OF STILLWATER, MN 1. Contractual Aueement - This Agreement is made and entered into this day of , 2002, by and between the City of Stillwater, State of Minnesota, and Retailers Protection Association ("RPA" hereafter), of P.O. Box 981, Anoka, Minnesota. Purpose - The pmpose of this Agreement shall be to implement a Bad Check Program for the City of Stillwater. This program provides an alternative to criminal prosecution of individuals who issue dishonored check(s) to merchants and businesses. The program will assist the Stillwater Police Department and other law enforcement agencies in obtaining records to assist in the investigation and prosecution of individuals issuing dishonored checks. This program will provide that the victim is paid full restitution from the offender who has issued the dishonored check along with financial training for the first-time offender. First-time offenders who participate in this program will be diverted from prosecution. The Bad Check Program will be administered by RP A. RP A will assist the City Attorney in obtaining full restitution for victims of non-sufficient funds (NSF) checks and account closed checks. RP A is responsible for managing pertinent case files and conducting financial education classes for first time offenders. 3. Contract Terms - This Agreement shall be in force for a period of three (3) years, beginning upon the date of city approval. Termination provisions of this Agreement are provided in sections 9 and 11. 4. Definitions: A. Victim - the business or person who accepted a dishonored check for goods or services and suffered the financial loss. The victim must be in good standing with the City of Stillwater licensing Department. B. O.fJender - the individual who has enrolled in the Bad Check Program voluntarily or has been ordered by the Court to complete the Bad Check Program. C. Restitution Recovery - Dollar recovery of face value (or written amount) of the dishonored checks as well as administrative fees, civil penalties, bank fees as appropriate and law enforcement costs. D. Financial Education Class Fees - The fees associated with the training classes the offender attends as part of their restitution Agreement. 1 '- 5. citv Support - The following is needed for the implementation of the program: . A. City Attorney and Police designees will assist RP A in organizing and implementing the restitution program with courts and law enforcement personnel. The designee will also provide guidance in publicizing the program to the business community. B. City Attorney and Police designees will conduct regular meetings with key RP A staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. City Attorney and Police Department shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. 6. Performance Aueement - RP A agrees to provide the following professional services to the City of Stillwater in a timely and efficient manner. RP A will provide the following level of administrative services and offender education classes: A. Perform daily operations and management of all clerical and accounting functions related to offenders ofNSF checks to be included in the Stillwater Bad Check Program. B. Generation of demand notices to bad check writers, and follow through with respect to the collection and disbursement of victim restitution, administrative fees, and RP A education training class fees. C. Provide necessary correspondence and follow-up telephone inquiries to victims and offenders. D. Properly maintain all physical files, financial records, documentation, reports, computer files, . etc. for a period of no more than six (6) years. E. Provide voluntary (unless mandated by state statutes) bad check offender financial management education classes. RP A will conduct classes designed to teach and provide meaningful information to offenders on criminal consequences of writing bad checks, as well as focus on personal finance management Class size will vary (generally 15-20 offenders). F. Scheduling of all classes will be coordinated with the City. The training will require 6 to 8 hours of class time. Sessions will be held in the. City of Stillwater and lor surrounding metro area. These training sessions may be jointly held with other metro communities. This will help to ensure 15 to 20 offenders can be scheduled in a session. G. Maintain records of offenders making restitution, payment of fees, attendance records of offenders completing as well as failing to attend the financial management training session. H. Maintain records of payment to the victims and City of Stillwater fees on a monthly basis. I. Provide monthly reports to the City of Stillwater of annual, quarterly, monthly financial revenues, completed offender classes, and related reports as required by the City and law enforcement. J. Offenders who refuse to enroll into the program or fail to complete the bad check program will be reported. 2 . . . . 7. Prouam Operational Fees/Revenue: A. The victim will be reimbursed first at face value of the dishonored check (or other agreed upon amount) from any money recovered from the offender. B. Minnesota Statutes, section 332.50, authorizes the recovery of a civil penalty fee from offenders for issuance of a dishonored check and further describes when and what portion of that penalty fee is to be retained by the law enforcement agency. If RP A collects this fee from an offender, it will pay incremental fee portion to the City of Stillwater as determined by this statute. C. The fee for offenders to attend the educational class will be $85_00. This fee will be retained by RP A to conduct these classes. This class may be waived by RP A, provided that the offender pays the face value and civil penalty within seven (7) working days_ D. A fee of $10.00 will be assessed to an offender who fails to appear at education class and has to re-schedule for the class. This fee will be assessed each time the offender has to. re- schedule. This may occur up to three (3) times before referring the offender to the Police as failing to appear. 8. Non-Compete - The City shall not establish a competing bad check program or participate in another program offering the same or similar services as those described in this Agreement. 9. AJ!Teement Date - This Agreement shall remain in effect from , 2002, to , 2005. And shall be automatically renewable. Either party may give a thirty-day (30) notice in writing that said party wishes to terminate this Agreement. 10. Citv has no financialliabilitv - It is understood and agreed by and between the parties that RP A any subcontractor (CSS) will bear all financial liability for all aspects of their operations under this Agreement. 11. Termination of this ll1!Teement: A. This Agreement may be terminated by either party for upon 30 days written notice to RPA or the authorized agent of the City. This Agreement may be terminated by RPA upon 30 days written notice to the authorized agent of the City if RP A determines that it cannot conduct or administer the Bad Check program because program-related income does not equal program costs. B. This Agreement may be immediately terminated by the City at any time if the City determines that RPA and/or CSS (Computer Support Services, see section 16 of this Agreement) is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 12. Amembnents or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 13. No Citv Obligation to Merchants - RPA, CSS, and victims who participate in this program fully understand that the Bad Check Program is providing a public service and the City of Stillwater is held harmless and has no liability to make recovery of any check(s) or obligated to take criminal action against offender(s). 14. Criminal Action - The City Attorneys Office for the City of Stillwater may choose to prosecute offender(s) at their sole discretion. In the case where the offender fails to participate or complete Agreements with RP A and victim(s). 3 15. Hold Harmless and Indemnification: . A. RP A and CSS shall save and protect, hold harmless, indeIllIli1)' and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of RP A and CSS its employees and agents, in the performance of this Agreement. B. The City shall save and protect, hold harmless, indeIllIlifY and defend RP A and CSS, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of the City, its employees and agents, in the Performance of this Agreement. 16. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. RP A shall at all times remain as independent contractor with respect to the services to be provided under this Agreement. B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance and workers' compensation insurance for any and all of RPA's and CSS's employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly RP A and CSS responsibility. C. RP A may represent itself as the administrator of the Bad Check Restitution and Diversion programs for the City of Stillwater. RP A and CSS shall not otherwise represent itself on behalf of . the Stillwater City Attorney's Office, Stillwater Police Department or City of Stillwater. 17. Subcontractor - RP A shall neither subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the City. The only exception is to use CSS as a subcontractor. RPA shall ensure and require that the subcontractor agrees to and complies with all of the terms of this Agreement. Subcontractor of RPA used to perform any portion of this Agreement shall report to and bill RPA directly. RPA shall be solely responsible for the breach, performance, or nonperformance of any subcontractor. 18. Data Practice - RP A agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. The RPA will immediately report to the department head signing this agreement any request from a third parties for information relating to this agreement. The City agrees to promptly respond to inquiries from RP A concerning data request. RP A agrees to hold the City, its officers, department head and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 19. Compliance with the Law - RPA agrees to abide by the requirements and regulations of The American with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), the Stillwater Civil Rights Ordinance (Ch. 139), and Title vn of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment, the city agrees to promptly supply all necessary clarifications. Violation of any of the above can lead to the termination of this Agreement. 4 e . . . 20. Entire Aueement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. . Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provision contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 21. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non-disruptive procedures, may inspectRP A and/or CSS records at anytime. 22. Notice - Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: 23. Insurance - RPA agrees to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as are set forth below, and to otherwise comply with the provision that follow: A. Workers Compensation: Workers Compensation insurance in compliance with all applicable statutes. B. Employer's Liability Coverage: Shall also maintain in at least the following amounts: 1. Bodily injury by accident 2. Bodily injury by disease 3. Bodily injury by disease $100,000 each accident $100,000 each employee $500,000 policy limit Such Employer's Liability coverage limits may be afforded by a primary policy in combination with an umbrella or Excess liability Policy (or Policies) "drop downs" to respond immediately over any reduced underlying policy limits. C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence", rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground Hazards shall not be included. Such a policy shall name the city as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply excess ofRPA's insurance and not contributed therewith. RPA agrees to maintain Products-Complete Operations coverage on a continuing basis for period of at least two after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $1,000,000 (one million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal injury and Advertising injury. Such minimum limits may be satisfied by the 5 limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional Insured thereunder. . Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limited stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurren'ce to exceed $10,000. D. Professional Liability: Professional (or "Error & Omissions") Liability Insurance in the amount of at least $500,000, Each Occurrence (or "Wrongful Act" or equivalent) and if applicable, Aggregate, covering RP A's Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. RP A's Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is however, acknowledged and agreed by the RP A that under claims-made coverage changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. RP A therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result: and further, that it will exercise it's right under any Extended Reporting Period" ("tail coverage") or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. RP A further agrees that it will, throughout the entire period of required coverage and for a additional period of two (2) years following completion of this agreement, immediately: (a) advise the City of any intended or pending change in Professional Liability inures or in policy forms, and provided the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remain available for the protection of the City. . 6 . . . . THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the data first written above Retailers Protection Association, Inc. By (Executive Director, John McCullough) RPA Federal ill # City of Stillwater By (Mayor or Police Chief) Attested (City Manager) 7 . . . Memo DATE of MEMO: September 13,2002 DATE of MEETING: September 17, 2002 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: Revision to Metropolitan Airport Commission The City Council previously approved a contract for Use of Law Enforcement Personnelatthe Metropolitan Airports Commission (MAC). The MAC requested a couple of minor changes to Attachment A of the contract. The changes are shown in strikethrough and underline texton the attached Attachment A. These changes do not have any negative impact on the reimbursement to the City. Recommendation Staff recommends the City Council approve the attached amendments to the contract with MAC. RESOLUTION 2002- 210 APPROVAL OF AMENDED "ATTACHMENT A" TO USE OF LAW ENFORCEMENT PERSONNEL AGREEMENT WITH THE METROPOLITAN AIRPORTS COMMISSION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the amendment to "Attachment An to the Agreement between the City of Stillwater and Metropolitan Airports Commission for use of Law Enforcement Personnel, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 1 ih day of September 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . ~ii)) ~J!~J)) 0 "',\( U \'\ USE OF LA \V ENFORCEMENT PERSONNEL AGREEJVIENT . This Use of Law Enforcement PersomJeJ Agreement ("Agreement") is made by and between the Metropolitan Airports Commission ("MAC"), 6040 28'h Avenue South, Minneapolis, Minnesota55450 and the City of Stillwater, 2 J 6 North fourth Street, Stillwater, Minnesota 55082 ("Agency"). WHEREAS, MAC needs assistance in providing licensed law enforcement officers (LEOs) at the passenger screening checkpoints; and WHEREAS, Agency has indicated that it can provide LEOs to assist MAC. NOW, THEREFORE, in consideration of the rnutua) covenants contained herein, the parties agree as follows: . ARTICLE I SERVICES Agency agrees to provide uniformed LEOs to MAC for airport security duties. The duties are primarily located at or around the passenger security screening checkpoints within the .; terminal buildings. The scheduling of the LEOs and the number of LEO~ assigned toMAC for airport security duties shall be determined by mutual agreement of the parties. . . ARTICLE 1I FEES AND CHARGES MAC shaIl pay the Agency for the services rendered as agreed upon in Attachment A. MAC shall not be responsible for any additional costs beyond the amount indicated in Attachment A. If a change in fees on Attachment A is required, then Agency shall provide at least thirty (30) days written notice to MAC. ARTICLE III CAN CELLA TION This Agreement maybe canceIled by either party without cause upon ten (J 0) days written notice. The right to cancel is in addition to aU other rights and remedies available to MAC under this Ao,reernent or otherwise by law. ARTICLE IV LIABILITY 1) For the purposes of the Minnesota Municipal Tort Liability Act '(Minn, Stat. 466), the employees and officers of the Agency are deemed to be employees(asdefinedinMinn. StaL 466.01, subdivision 6) of MAC with respect to airport security services pursuant to this Agreement. . . MAC LEO Agreement August 6, 2002 2) Nothing in this Agreement shall be construed to \vaive any rights, privileges, immunities, or tort damage limitations available to either J'v1AC or the Agenyy under Federal or State law. . 3) MAC agrees to defend and indenmify the Agency against any and all claims brought or actions filed. against the Agency or the Agency's officers, employees, or volunteers, including but not limited to those for injury to any third person or persons, death of any third person or persons, damage to the property of any third person or persons, or violations of the civil rights of any third person or persons, arising from the performance and provisions of airport security services pursuant ,to this Agreement. 4) MAC agrees to maintain in effect during the duration of this Agreement and at its expense general liability insurance. providing limits of at least $25,000,000 bodily injury" personal injury and property damage combined each oCcurrence/offense. The insurance policy wi)) include the Agency as an additional insured with respect to the services provided in this Agreement. MAC wjJ]provide the Agency with a certificate of insurance naming the Agency as an additional insured and providing at least a ten (l0) day notice of cancellation or any significant ~aterial change in coverage. ARTlCLE V WORKERS' COMPENSATION Each party shall be responsible for injuries or death of its own personnel . The Agency will maintain workers' compensation insurance or self-insurance coverage, covering its. own personnel while they are perfonning airport security activities pursuant to this agreement. Each party or its officers, employees, or volunteers ""aives the right to sue the other ~party or its officers, employees, or volunteers, for any workers' compensation benefits paid to its own employees or volunteers or their dependent, even if the injuries are caused wholly or partially by the negligence of the other party of its officers, employees, or volunteers. .. ARTICLE VI DAMAGE TO EQUIPMENT Each party shan be responsible for damage to or loss of its own equipment. Each party and their representatives waives all rights to sue the other party for any damages to or ]oss of its equipment, even if the damage or loss were caused wholly or partially by the negligence of any other party. or its officers, employees, or volunteers. ARTICLE Vll EMERGENCIES MAC recognizes that the Agency may have to recall its personnel for emergency purposes. Agency will attempt to notify MAC at the'earliest possible time that the Agency's LEOs are unavailable for services under this Agreement. ARTICLE VIll LEOs EMPLOYMENT STATUS LEOs provided by the Agency remain employees of the Agency. It is agreed that nothing contained in this Agreement is intended or shall be .construed in any manner as creating. or establishing an employment relationship between the MAC and the Agency's ernployees. For this Agreement, the Agency's LEOs are expected to follow the policies and procedures . 2 . . . MAC LEO Agreement August 6, 2002 of the Agency. The Agency agrees to be responsible for taking any appropriClte action for performance related mat1er against its employees. MAC reserves the right to deny an Agency's LEO from providing serVlces under this Agreement. ARTICLE IX SUPERVISION MAC agrees to provide limited supervision to the LEOs. MAC will designate one LEO as the supervisor per shift. The supervisor's duties will involve coordination of the daily schedule and periodic monitoring of the LEO's activities. The supervisor will notify appropriate MAC staff regarding any performance issues. MAC wi]] pass along the infonnation to Agency for the Agency's follow-up. ARTICLE X NOnCE All notices required by law or this Agreement must be in writing and delivered in person or sent by mail to the following panies (or to any other address or person that one party provides to the other pany in writing as the official notification): MAC: Jo Edblom Lieutenant, Airport Police Depanment 4300 Glumack Drive, Suite 370 St. Paul, MN 551ll Telephone: (612) 726-5115 AGENCY: Chief Larry Dauffenbach City of Stillwater 216 North Fourth Street S6llwater, MN 55082 Telephone: (651) 351-4900 ARTICLE Xl AUDIT Agency shall keep at their principal office, in a system acceptable to MAC, accurate books, accounts, records and documents relevant to the work conducted under this Agreement, and shall keep such infonnation for a period of six calendar years. MAC and the legislative auditor shan have the right at an reasonable times during the business hours of Agency to inspect the books, accounts, records, documents and accounting procedures and practices relative to the work conducted under this Agreement. ARTICLE XU MINNESOTA GOVERNMENT DATA PRACTICES ACT This Agreement and all data created by this Agreement are subject to the Minnesota Government Data Practices Act, regardless of who possesses the infonnation. 3 MAC LEO Agreement August 6, 2002 ARTJCLE xm ENTJRE AGREEMENT The panies agree that this document imd Attachment A are the Entire Agreement between the panies. No promises, representations or oral agreements have been made between the parties that are not part of this Agreement; and no claim or liability shall arise from any representations or promises not expressly stated in this Agreement except as expressly stated in this Agreement. . ARTICLE XIV MODIFICA TION This Agreement may be modified only by a written agreement signed by both panies. The panies agree, intend to be bound and execute this Agreement on the day and year as indicated. Date: METROPOUT AN AIRPORTS COMMISSION By: Title: . Date: 8/lP/02.. City of Stillwater BY:~ JayL -j Ie -~YOT . Attest: ~ ~ LLJ:Md.:... Dian~ F. Ward, City Clerk . 4 . USE OF LAW ENFORCEMENT PERSONNEL AGREEMENT Attachment A MAC will reimburse the City of Stillwater based on the following 1. Cost of personnel a. Salary schedule as per Article XXII and Appendix A of the Labor Agreement between City of Stillwater, Minnesota and Law Enforcement Labor Service, Inc. Employee's Union Local No. 257 or the salary schedule as per Article XXII and Appendix A of the Labor Agreement between City of Stillwater, Minnesota and Law Enforcement Labor Service, Inc. Employee's Union Local No. 254 Police Sergeants. b. The salary paid shall be the contract amount in item 1 a at time and one-half (112). c. Any officer working on any of the following holidays listed, the salary paid shall also include an additional one-half (12) the contract amount as calculated in item 1 b. Said holidays include: New Year's Day, Martin LutherKing Day, President's Day, July 4th, Memorial Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day. . d. The total amount to be paid by MAC to City of Stillwater will be at the amount in 1 b and I c plus the costs for Medicare, PERA and Worker's Compensation applicable at the time the officer is paid. A rate of 5% will also be added to the amount in I b and I c for administrative fees for maintaining this program. . USE OF LAW ENFORCEMENT PERSONNEL AGREEMENT . Attachment A MAC will reimburse the City of Stillwater based on the following 1. Cost of personnel a. Salary schedule as per Article XXII an Agreement between City of Stillwate Enforcement Labor Service, Inc. E 10 or the salary schedule as per Arti I Labor Agreement between City Enforcement Labor Service,. Police Sergeants. A of the Labor and Law n Local No. 257 ppendix A of the , Minnesota and Law 's Union Local No. 254 b. The salary paid shall one-half (1 Y2). amount in item 1 a at time and c. . t employees shall not be scheduled to work at MAC on ay, Martin Luther King Day, President's Day, July orial Day, Labor Day, Veterans Day, Thanksgiving Day stmas Day. Only exempt employees are eligible to be heduled on the above listed holidays. d. e total amount to be paid by MAC to City of Stillwater will be at the amount in 1 band 1 c plus the costs for Medicare, PERA and Worker's Compensation applicable at the time the officer is paid. A rate of 5% will also be added to the amount in 1 band 1 c for administrative fees for maintaining this program. e. The total amount of reimbursement for exempt employees shall not exceed $60.75 per hour. This figure includes item d. . . . . r illwater ~- - ~ THE BIRTHPLACE OF MINNESOTA ~ REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT 2. ORGANIZATION 3. TELEPHONE Lf3t?- Cft;d/ ADDRESS 4. ACTIVITY BEING PROMOTED BY PR~BAN~S: ~~~.fM:C-~ 5. BANNER LOCATION REQUESTED: f1 D D Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: 0 d- . 0- .J- tp COMPANY INSTALLING BANNER: -J:Jl ~ ~ a.? Address {7Lf / ~ ~. Phone - 7lft.( W 15'- 6:;-/10 7. BANNER REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 r illwater ~ --~ THE BIRTHPLACE OF MINNESOTA ~ . REQUEST FOR INSTAllATION OF BANNER 3. ADDRESS 1. APPLICANT 2. ORGANIZATION TELEPHONE 'f 31- 1/33> 4. ACTIVITY BE~D ~OSED BANNERS: 5. BANNER LOCATION REQUESTED: o o ~ Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) . *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS .6. DATES TO BE DISPLAYED: ~. (- (}w. ;)~ 7. COMPANY INSTALLING BANNER: -1:J..<: T ~ ~ Addressflt{ ~ ~ - Phone 1'11; ~l Lf~ ~~~ ~/O BANNER REQUIREMENTS ATTACHED . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 09/13/02 09:09 M8GNUSON L8W FIRM ~ L8RRY H8NSEN NO. 170 GJ02 ~ . . . MAGNUSONLAwFlRM LlCENSED)N MINNESOTA AND WISCONSIN THE DESC~I OFFICE BUILDING 333 NORm MA.IN STRUT · SUITE #202 · P.O. Box 438 · S11I..LWAttR. MN 55032 'TE.LEPHONE: (651)439-9464 · TaEcol'lER: (651)439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor) City Council and Staff FROM: David T. Magnuson DATE: September 12, 2002 RE: Charter Amendment Questions State Statute mandates that referendum questions be submitted to the County Auditor, Election Division by 5:00 p.m. on September 17,2002 in order to be placed on the baUot for the November 5th general election. This deadline is mandatory and is treated the same as the deadline for filing for office. No exceptions. The Statute on Charter Amendments, however, prohibits the City Council from waiting until the next general election to have a referendum question placed on the ballot. The Charter Statute provides that if a general election is not scheduled within six months of a Charter proposal made by the Charter Commission, a special election must be called by the City Council and held within ninety days after delivery of the Charter Commission's proposed draft. This means that if, for some reason, a unanimous vote to change the Chaner by ordinance does not occur on September 17th, a special election on the question would need to be called by the City and held before December 3rd since the question was delivered to the City Council by the Charter Commission on September 3rd. The requirement to hold a special election within ninety days is mandatory under these circumstances. In the past, the staff has estimated the costs of a special election held for any question to be between $6,000 and $10,000. I hope this makes things more clear. Please call me if you have further questions. hun LOCATION:651 439 9464 RX TIME 09/13 '02 08:54 { ~ MEMO TO CITY COUNCIL . Just A few notes regarding the Auditors report on the Water Department merger. I dispute a few figures being tossed around. Probable cost avoidance: Figures for two additional positions are just requests. These positions have not Been approved in the 2003 budget. If you have to trim $700,000.00 from your Budget why would you hire extra help. If a person from the Water Department fills one of these positions who would do that Persons current job? Prospective cost avoidance: $46,000.00 position has not been approved. Auditors comment was these cost savings are less likely to be realized. $5,400.00 equipment rental savings. I do not see where this occurs, at the present time the City does not have the equipment we need to do a job properly. . Closing of the Water Department office: This is the only public building with historical significance. In 1985 it was recognized By the A WW A as a National Landmark. The Auditor has said in his report that the items he listed are speculative. They further stated that all amounts are estimates and full realization of cost savings cannot be guaranteed. I feel there would be no cost savings to the City but a cost increase over time with additional expenses passed on to the citizens in the form of water rate increases. c;i/Yl fYlc Knt# . . . . ! i Business Consultants Certified Public Accountants 220 South 6th Street #300, Minneapolis, Minnesota 55402-1436 612/376-4500, FAX 612/376-4850, www.larsonallen.com August 19, 2002 Larry D. Hansen City Administrator City of Stillwater 216 N Fourth Street Stillwater, MN 55082 Dear Larry: At your request, we have analyzed the Water Commission and the City of Stillwater's costs to assist the City in identifying immediate and predictable cost savings or cost avoidance and identifiable general efficiencies if the Water Commission were to merge into the City. Our analysis project used a "three column" approach identifying potential cost savings or avoidance: 1. Immediate cost savings were identified. These are costs that are currently being incurred which would be avoided if the two entities combined. 2. Near future opportunities for probable avoidance of costs were identified. These are costs that, with the efficiencies of having one entity, appear could be avoided in the near future. These are not costs that the City or Water Commission are currently incurring. They are costs expected to be incurred (Le. they are included in current budget requests), but which will likely be avoided if staff and equipment of the Water Commission are available to be shared with the City. 3. Prospective cost savings or cost avoidance opportunities were identified. These cost savings are less likely to be realized and are predicated on the occurrence of several factors in order for the savings to ultimately be realized by the City. Lastly, we also analyzed and discussed with staff some potential one-time costs, which may be incurred by the City if the merger were to occur. Larry D. Hansen City of Stillwater Page 2 Below is a table which details the areas described above: . Mailing and Invoice Expense Reduce Overtime - Weekend Reduced Audit Fee Payroll Database Charge Water Building Utilities Telephone at Water building Avoid Additional Finance Staff Avoid Additional Service Staff Avoid Additional Secretary Equipment Rental Savings Reduce Overtime - Plowing Totals Training $ Radio Signal Control Box $ Legal and Accounting Fees (Est.) $ Potential Annual Cost Savings or Avoidance Immediate Probable Cost Prospective Cost Savings Avoidance Avoidance Totals $ 4,000 $ 4,000 10,000 10,000 3,000 3,000 500 500 1,500 1,500 3,000 3,000 $ 45,800 45,800 50,000 50,000 $ 46,000 46,000 5,400 5,400 3,750 3,750 $ 22,000 $ 95,800 $ 55,150 $ 172,950 One-time Costs 1,000 20,000 (or optional moving of water control panel for $75,000) 5,000 It should be noted that the items listed under Potential Savings or Avoidance would be saved annually, if they were to occur. The items listed under Costs are one-time occurrences. . Details of the Potential Annual Cost SavinQs or Avoidance table presented above are as follows: >> The savings from mailing and invoices occur as a result of combining the water and sewer billing. This would cut postage and paper costs in half between the Water Commission and the City. >- Overtime pay will likely be reduced with the Water and Sewer departments working togetliei. Currently, each department has an employee on overtime pay every weekend to check all the pump stations. A minimum of four hours of overtime is paid according to the contracts under which the employees work. With a small amount of training, it appears one individual could check both water and sewer pumps in less than a four hour period. >> Each entity currently contracts for an annual audit of its financial statements. With a merger of the two, the Water Commission's separate audit would be eliminated. While some additional audit procedures would need to be added to the City's audit, the cost would be significantly less than two complete audits. . '. . . . Larry D. Hansen City of Stillwater Page 3 ~ The City prepares a separate payroll for the Water Commission, as it currently is a separate entity. A $500 database fee is charged by the software vendor for each payroll. With a merger, running two separate payrolls could be eliminated. ~ If the merger occurred it appears the Water Commission would move to the new public works building. The current Water Commission main office building would remain, as it is a pump building as well, but would become significantly unoccupied, saving some heating/utilities costs. ~ There are additional telephone lines available at the City building locations. Using these available lines should essentially eliminate the telephone charges that are paid by the Water Commission. ~ We understand the City has identified three new job positions which are needed, or will be needed in the near future. The positions include an additional employee in the finance department, a secretary at the new public works building and an additional service person in public works. With some restructuring of duties and efficiencies gained in the two entities working together, it is quite possible the need to hire from outside the City for two of the positions would be eliminated. It does not appear likely that all three positions could be satisfied in the short term by the merger alone, however, our conversations with appropriate staff indicate some sense that the future addition of a third administrative position may be avoided sometime in the future as a result of the merger. ~ The Water Commission currently contracts out the use of most large equipment. Assuming the equipment of the City is not in use on other projects and is capable of the work needed, there appears savings could occur. Due to the variables involved, the estimated amount is shown in the "prospective" column. ~ There is typically a significant amount of overtime' paid during the snow plowing season. With increased employees in the public works department and appropriate cross training, overtime may be reduced. The amount was estimated based upon an estimation of time the Water Commission employees may have available to assist in plowing during the winter months. The amount may vary significantly based on snow fall and Water Commission employee availability. There are additional efficiencies that could occur with the merger of the two entities. Due to the nature of the items and uncertainty of future events, no value of cost savings or avoidance could be placed on the items: . A uniform process for the inspections of sewer and water. The main concern appears to be better documentation and retention of sewer hookups. It is undeterminable what future time savings may occur as a result. . Increased uniformity in the planninq of siqnificant public works proiects. While reasonable communication generally takes place on all public works projects, increased communication and conformity of ideas may occur with the groups working closer together. Again. these items are speculative, but our conversations with staff indicate that some opportunities exist. Larry D. Hansen City of Stillwater Page 4 One-time Costs . In addition to potential savings relating to the merger of the two entities, there are also some costs that would be incurred if a merger were to occur. There has already been a significant amount of time spent by various individuals in relation to this issue and more time will surely be required as the issue progresses. In addition to the expenditure of time, other cost include: ~ Training time for employees to be able to assist with work in other areas. Example, as noted above having one person check on both the water and sewer pump stations. The cost in the chart above includes one day of time for 5 sewer and water employees. ~ After discussions with engineers at the City, it appears the City could install a radio signal control box at the Water Commission Building for approximately $20,000 in order to avoid moving the entire water control panel. The control box would relay the needed information to the new public works building. This would minimize the expense until the control panels were in need of an upgrade. At the time of upgrade, the full control panel could be moved to the public works building. The $20,000 investment would not be lost as the control box would still be usable for the pump at the Water Commission building. Optionally, the Water Commission staff estimates that the water control panel could be moved to the new Public Works facility for $70,000 to $80,000. ~ Legal and accounting fees would be incurred to rewrite the city charter and assist with the accounting issues related to the merger. This cost is difficult to estimate, however, it is likely that some additional costs will be incurred beyond the cost savings analysis detailed herein. ~ If the issue makes it to the election ballot there will be some costs in educating the citizens . on the issue. The costs here will vary based on the amount of effort each group may want to spend in promoting the issue. It is foreseeable that there may be funds spent by each group and promoting a different outcome. The information above is provided for the information of the City of Stillwater and the Water Commission of the City of Stillwater. It was obtained by inquiry of City and Water Commission personnel and analysis of financial records regarding costs information. All amounts are estimates and full realization of savings cannot be guaranteed. We recommend this "estimated cost savings" information be used in conjunction with other non-financial issues (e.g. employee morale, establishing one common location for citizens to deal with both water and sewer billings 'issues, etc.) to assess the overall appropriateness of this issue for the City, its Water Commission, and its citizens. We appreciate the opportunity to assist you in this important decision process. If we can be of further assistance on this issue or if you have any questions on the above information, please feel free to contact us. Sincerely, Larson, Allen, Weishair & Co., LLP ~/!..e~ Thomas P. Koop, CPA Principal . TPK/JAH/psm H:\CLlENTSI2400012492412002\MERGER MEMO.DOC . . . September 16th, 2002 City of Stillwater c/o City Hall 216 North 4th Street Stillwater, MN 55082 Dear City Counsfl Members: Weare writing to inform you that we are against the merger of the Water Department and the City of Stillwater. We feel that the Water Department has done a great job with this and see no reason for it to change. We are unable to attend the meeting regarding this due to being out of town. If you need anything else, please do not hesitate to call us at our home: 651-439-2286. Thank you for your time, Donald and Catherine Newman /#-ndI?t ~ 8oiJ~ tl~ i ill 1 ~ djf: #1 S'ti /Iwtlter ~~)2- . -.Ii \.;? Jay, 6 G'.. ~.. ~ ~.' , ~u:C~ ~ li./tJ ~ p~ e~ ~. C(f~ ~ '-n~ J,} ;;;r :.u~ ~o~ ~ti! w<d iC~~. p~) to.. 077L<:'ZZ :?' ~. "~ ..0;. ~~ J;; ~ L.L ' ~if t"-~-b-/'lL~ 0 C C'"-171- O/tR- ~ U'ZVOJ L~~ ~ e' Lo04 ~ "huJl;r-, ~ ~ Jy~ ;;fClkU ad4;~>> ~3 7L~ -ajJ ~ I:Jho?.Lld f17a.L- ~---u~ GU'/U) ~ cud- ~ *~ ..~ Ch~ ~ r TI:-( i:f /,:. du...e ~ -L->?7 (;"'V if'. >cD m ~ L:Le ~C2~ ~~x-) cL (~ C~~ ~L~~ . *'.~~ . . · Memo To: From: Date: Subject: Mayor and City Council (L Steve Russell, Community Development Director September 13, 2002 Boutwell South Area Plan Public Hearing Background On December 18,2001, the City Council directed the preparation of the Boutwell South Area Plan. Bonestroo and Associates were selected as the planning/engineering consultants to work with the city in preparing the plan. The planning commission met from January through May 2002 to consider existing conditions, issues and alternative plans for the study area. On June 10th and July 8th the planning commission held public hearings to consider the plan particularly the transportation and traffic impacts of the plan. At the July 8th meeting, the planning commission recommended the plan for adoption to the city council. . As required by the orderly annexation agreement for the city expansion area, comprehensive plan amendments must be approved by the Joint Board. On July 24th the Joint Board held a public hearing on the plan and approved it by a 4-0 vote. Besides land use, traffic and the road system, Neal Avenue extension was the major subject of discussion. As proposed, Neal Avenue is proposed to connect to CR 12 midway between Maryknoll and Northland. This location was recommended by the planning commission and joint board to reduce traffic at the Boutwell/CR 12 intersection and minimize cut through traffic in the Croixwood neighborhood to the south. ill the packet, is a letter from Washington County expressing their concerns. These are not new and have been considered in formatting the plan recommendations. Recommendation: The planning commission recommends plan approval as approved by the joint board. Note: Before lands within the Boutwell South Planning Area develop, they would need to be annexed, rezoned and the orderly annexation building permit allocation quota reviewed. . Attachments: Boutwell South Area Plan and joint board ,7-24-02 and planning commission,6-1O- 02 and 7-8-02 staff reports. .A (, Memo . To: From: Date: Subject: Joint Board Steve Russell, Community Development Director J1.-- July 17,2002 Boutwell South Area Plan The Boutwell South Area Plan was recommended for adoption by the Planning Commission at their meeting of July 8, 2002. The Commission held several public meetings during the Spring identifying issues considering alternative and effect of alternatives. The plan is enclosed. Summarizing, the plan designates vacant areas, single family low density,. existing developed areas remain rural residential (Figure #3). Neal Avenue is extended from Boutwell to CR 12 between Northland Avenue and Maryknoll (Figure 3). The Commission felt strongly that the Neal Avenue extension should not intersect directly with Northland or Maryknoll. Trail locations are designated through the area connecting to exiting and proposed trails arid a concept plan for stormwater management is proposed (Figure #5). The concept of Neal Parkway design (Figure #6) is provided to combine the drainage, design, traffic and trail aspect of the plan. . A related improvement studied in the plan was the intersection of CR 12 and Boutwell. Several design options were studied for that intersection. The plan is an amendment to the Comprehensive Plan requiring Joint Board approval. A related issue to the plan adoption is the peimit allocation limit of 120 units per year. Recommendation: Review and comment on Planning Commission recommended plan. Attachments: Planning Commission staff reports, letters of comments and Boutwell South Area Plan. . ) 1. . '. . City of Stillwater Planning Commission July 8, 2002 10. No vehicle connection between Parkwood Lane and CR 5. Motion passed unanimously. Case No. CPAl02-02 A Comprehensive Plan Amendment changing land use designation of Outlot B, Long Lake Estates, located on Stillwater Blvd from Attached Single Family to Business Park Commercial (BP-C). Mike O'Brien, Real Estate Masters, representing Jennings State Bank, applicant. Community Development Director Russell gave an overview of the Comprehensive Plan Amendment. Art Junker of 1164 Parkwood Lane, requested clarification on hours of operation and the land use. Motion made by Commissioner Middleton, seconded by Commissioner Gag to approve Comprehensive Plan Amendment changing land use designation of Outlot B, Long Lake estates. Located on Stillwater Boulevard from Attached Single Family to Business Park Commercial. Motion passed unanimously. Case No. ZAM/02-02 A Zoning Map Amendment to rezone Outlot B, Long Lake Estates, from Town House (TH) to Business Park Commercial (BP-C). Mike O'Brien, Real Estate Masters, representing Jennings State Bank, applicant. Community Development Director Russell gave an overview of the Zoning Map Amendment. Motion made by Commissioner. Middleton, seconded by Commissioner Bealka to approve. Zoning Map Amendment to rezone Outlot B, Long Lake Estates, from Townhouse to Business Park Commercial. Motion passed unanimously. Consideration of South of Boutwell Area Plan (continued from 6/17/02 public hearing). Additional traffic information was presented to the Commission in order to make a decision about South of Boutwell Area Plan. Sherri Buss reviewed traffic information that was gathered by Engineer Sheldon Johnson. Sheldon Johnson believes that the Neal Extension will disperse the traffic amount evenly. .' City of Stillwater Planning Commission July 8, 2002 Motion made by Commissioner Middleton, seconded by Commissioner Wald to direct Sherri Buss and Community Development Director Russell to approve all aspects of the South of Boutwell Area Plan and to direct the Neal Extension between Northland and Maryknoll, with a secondary option to improve Boutwell. Motion passed unanimously. Motion made by Commissioner Middleton, seconded by Commissioner Peroceshi to adjourn the meeting at 10:35 p.m. Respectfully submitted, Bobbi J. Ward Recording Secretary 7 '" . . . · Memo . . To: From: Date: Subject: Planning Commission ~ / Steve Russell, Community Development Director tV July 3, 2002 · Additional Traffic Information for Consideration of Neal Avenue Extension Location The Boutwell Area plan was heard at a special meeting on June 17, 2002. The plan was approved with the exception of the location of Neal Avenue. Additional traffic information was requested to consider the location of Neal Avenue. Since that meeting, Sheldon Johnson, Traffic Engineer of our plan consultant, has conducted a . study and provided additional information. The study concludes: · Northland, MaryKnoll, Deerpath, and Minar will all experience some increase intraffic as generated from the build-out of Settlers Glen. These increases should not create any . . capacity problems along these roadways. · The Neal Extension from Boutwell to County 12 will be beneficial in reducing traffic along Minar, Northland and Boutwell from County 12 to extended Neal. Without the extension, the volumes generated by Settlers Glen would be even greater along those three roadways. MaryKnoll would probably be impacted to the same degree with or without the Neal Extension. · The additional volumes on Deerpath would probably be greater without a Neal extension, but the difference would not be substantial. · The segment of Boutwell, from County 12 to the connection with the Neal extension, will benefit greatly from the provision of that roadway. The 2,400 daily vehicles on Boutwell would be reduced by half and maybe even more. · The Neal extension, and its intersection location, will help to disperse traffic over a series of roadways south of County 12 rather than increasing traffic loads a substantial volume on one roadway. . In addition to the consultant's report, a memo reviewing the Boutwell South Area Plan was received from Washington County. The consultant's and county's reports will be reviewed and discussed at the Commission meeting. . Attachments: Memo from Sheldon Johnson, 6-28-02 and memo from Joe Lux, Washington County, 7-2-02. ~ - 1\11 Bonestroo Rosene Ander'if< & Associates Bonestroo, Rosene, Anderllk and Associates, Inc. Is an Affirmative ActlonlEqual Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. 0 Marvin L. Sorvala, P.E. 0 Glenn R. Cook, P.E. 0 Robert G. Schunicht. P.E. 0 Jerry A. Bourdon, P.E. Senior Consultants: Roben W. Rosene, P.E. 0 Joseph C. Anderlik, P.E. 0 Richard E. Turner, P.E.o Susan M. Eberlin, C.P.A. . Associate Principals: Keith A. Gordon, P.E. 0 Robert R. Pfefferle, P.E. 0 Richard W. Foster, P.E. 0 David O. Loskota, P.E. 0 Mark A. Hanson, P.E. 0 Michael T. Raulmann, F.E. 0 Ted K. Field, P.E. 0 Kenneth P. Anderson, P.E. 0 Mark R. RolfS, P.E. 0 David A. Bonestroo, M.B.A.' Sidney P. Williamson, P.E., LS. 0 Agnes M. Ring. M.B.A.' Allan Rick Schmidt, P.E.' Thomas W. Peterson, P.E. 0 James R. Maland, P.E. 0 Miles B. Jensen, P.E. 0 L Phillip Gravel III, P.E. 0 Daniel J. Edgerton, P.E. olsmael Martinez, P.E. 0 Thomas A. Syfko, P.E. 0 Sheldon J. Johnson 0 Dale A. Grove, P.E. 0 Thomas A. Roushar, P.E. o Robert J. Devery, P.E. Offices: SI. Paul, SI. Cloud, Rochester and Willmar, MN . Milwaukee, WI 0 Chicago, IL Webslte: www.boneslroo.com Engineers & Architects MEMORANDUM - TO: Steve Russell Community Development Director Sheldon J. JOhnS~~ June 28, 2002 FROM: DATE: RE: Settlers Glen - Neal A venue Extension Project 510-01-109 Neal. A venue is being proposed for extension from Boutwell to County Road 12, through the. Boutwell planning area. The extension is proposed to intersect with County Road 12 between the existing County Road 12 intersections with Northland Avenue and MaryKnoll Drive. The City Planning Commission has raised questions regarding this extension and how it may relate to traffic generated by the Settlers Glen housing development on the following streets: . Manning Avenue . Boutwell . 11aryKnollDrive . Northland A venue . Deer Path . :Minar A venue The Settlers Glen development .will provide 220 single-faInily residential units and 160 town home units. Directional distribution of trips generated by the development, at build out, is that provided in a previous analysis of the project. The development will generate approximately 3,000 vehicle trips per day (1,500 in; 1,500 out). The assumed directional distribution is generally as follows: . 55 percent to the 11etro area to the east 20 percent to the south to the commercial area along Highway 36 east of TH5 5 percent south on County Road 5 15 percent to the east to Stillwater destinations 5 percent to the north . . . . . 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 . . . Given the above assumptions, an assignment of Settler's Glen generated trips has been conducted. The traffic assignment is shown on the attached graphic. The volumes shown are two-way daily volume estimates. Washington County has recently conducted some volume counts on many of the area roadways. . The results of these 24-:hour counts are shown on the attached graphic. From the infonnation on the graphics the following points can be noted: · Northland, MaryKnoll, Deer Path, and Minar will all experience some increase in traffic as generated from the build-out of Settlers Glen. These increases should not create any capacity problems along these roadways. · The Neal Extension from Boutwell to County 12 will be beneficial in reducing traffic along Minar, Northland and Boutwell from County 12 to extended Neal. Without the extension, the volumes generated by Settlers Glen would be even greater along those three roadways. MaryKnoll would probably be impacted to the same degree with or without the Neal Extension. · The additional volumes on Deer Path would probably be greater without a Neal extension, but the difference would not be substantial. · The segment of Boutwell, from County 12 to the connection with the Neal extension, will benefit greatly from the provision of that roadway. The 2,400 daily vehicles on Boutwell would be reduced by half and maybe even more. · The Neal extension, and its intersection location, will help to disperse traffic over a series of roadways south of County 12 rather than increasing traffic loads a substantial volume on one roadway. Attachment. 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 65~-636-1311 ~ \rj ~' \{) ~ ~ me.. K It1S 1C.14. ~ .... < ~ <t: ~ 8 (ZJ -t.b. 1,'113 C.R..12- ~3e'l Nt>,~ - t[)lAN7.$ BY' 'WM);J11U47P1\l . CO/,l.N71{ - rYV~!J 1;r/ll.t'J~ 2PP2-.. VbL.t.trn~ a.~ 2-lN~ I zl( /kJl..n.. VAL.kl!.$ l' N .J ~ \U Z. . . 1, ~SIJP. V4-~/C.Je, iN 14'14 - F$Y:"4.~ :rNeJ~e I' F "3tJ~. 6)( J~i1 Nt?, 2L/-NollfL .iRW\C VbL lAmE COp.,NTS . ~t irk:. K 1115 Ie ~ ~ ~t .... < ..J ~ ~ ct:: \tl ~ Z. 8 (2J -i:h. . rz.o ~ /Sp C.R.12.. l' \!)~ t' ....... -t-. .cJ ~ . NOTe,: VOl.Uh1e..s fit2e. . 7l/1JlJ-lNd..t DA1L1 ;:.5.7Hhft~ J ~/~ q)( ~. \ \ l' N ~ .~ ~ , ~ ~ ~ ~ c.l! ~ 7 RfiFplt::.. ~ f3N'5fG~f:..D' BY g ETTLcrz...s ~lfAi D t:V E LtJ{J rr.L! NT Memo . To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director June 17,2002 South of Boutwell Area Plan (L, Tonight's meeting is the third Planning Commission public meeting on the Boutwell South Area Plan. The public hearing tonight is to review the draft plan with the intention of recommending the plan to the Joint Stillwater Township/City Planning Board and the City Council for adoption. Background: The Boutwell South Area is part of the City of Stillwater's Comprehensive Plan Expansion Area (see attached expansion area proposed land use plan). The area is a part of the Phase IV expansion area scheduled for annexation and development after 2015. With the exception of the Public Works Facility, Boutwell Cemetery and Rutherford Cemetery, . the remainder of the study area is currently designated Rural Residential as a holding zone for future development. The Draft South of Boutwell Area Plan designates most of the vacant areas single family/low density (2-3 du's/acre). The Comprehensive Trail Plan shows trails along Boutwell, connecting Boutwell to CR 12 in two locations and along Spring Creek and the intersection ofCRS 12/15 to the proposed Boutwell Cemetery Park. Several road alignments connecting Neal Avenue to CR 12 were considered. The recommneded alignment is an offset alignment intersecting ~ Boutwell east of Neal Avenue and connecting withCR 12 between Maryknoll and Northland. The proposed connecting road incorporates the design elements of trails, greenways and wetlands to create a green roadway design. Besides land use and traffic, drainage is an area of concern. With the proposed residential land use, additional runoffwill be generated and have to be managed in a way that protects Brown's Creek. The draft plan has tried to anticipate land use impacts and proposed conceptual drainage designs that will accommodate the increased drainage. The draft plan before the Commission, is the result ofthe existing conditions and issues reports and discussions held at the Planning Commission meetings of March 11 and April 8. . . . . Tonight, the plan is presented for comment, consideration and recommended for adoption. When adopted, the plan will provide a guide for future development of the South of Boutwell Planning Area. Recommendation: Review and approval of South of Boutwell Area Plan (resolution). Attachment: Draft South of Boutwell Area Plan WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 Donald C. Wisniewski, P.E. Director Donald J. Theisen, P.E. Deputy Director/County Engineer James D. luger, RlA Parks Director . Virginia S. Chace Administrative Services Division Manager Larry S. Nybeck, PlS-County Surveyor Deputy Director, Survey and land Management Division Marvin Erickson Facilities Manager August23,2002 Sherri Buss BRAA, Inc. 2335 W. Highway 36 St. Paul, MN 55113 BOUTWELL SOUTH AREA PLAN: DRAFT REPORT-AUGUST 2002 Dear Sherri: We have reviewed the latest draft of the Boutwell South area Plan and generally feel that it fairly represents the County's positions. We do have several comments: . Section II. Existing Conditions and Issues, Roadways, Streets, and Trails- Manning Avenue- We suggest changing the term "stoplight" to "traffic signal". The reference to a temporary traffic signal at the Boutwell/Manning intersection could be misconstrued- it is too late to add that to the tum lane project, but one could be considered at that intersection if signal warrants are met. We plan to add that intersection to our Traffic Signal Ranking System but would not ordinarily install a signal until the conditions at the intersection place it in a position in the rankings to get funding. At that time a signal would be installed in accordance with our cost participation policies. Realistically, it could be many years before this intersection would rise high enough in the rankings to be funded. Also, the last sentence in the Manning Avenue section contains a typo and it could be clearer- the earliest that we could get federal funding for an upgrade of Manning Avenue north of CSAH 12 is 2008. . . Section II. Existing Conditions and Issues, Existing Traffic- The frustration expressed by local residents about poor circulation and about increased traffic on Northland and Maryknoll illustrates a classic sense of frustration of residents in growing areas- they can't have it both ways. Good circulation will, in most cases, increase traffic. Nevertheless, we do not feel that aligning a Neal Avenue connection to CSAH 12 with either Northland or Maryknoll will lead to significant cut-through traffic- the routes are simply too circuitous. We feel that it is necessary to align Neal Avenue with an existing street to create a safe intersection. Our collective opinion is that nearly all of the drivers wishing to go to the commercial areas around County Road 5 and Highway 36 will use Deer Path as a cut-through route as drivers are doing today. We feel that development of the Boutwell South area will increase traffic on Deer Path significantly because that is the shortest, most direct route and that drivers will not choose Maryknoll or Northland because they are longer and less direct. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- As we have discussed, since the right of . .~ -, . Page two Letter to Sherri Buss - Boutwell August23,2002 way of CSAH 12 includes access control, approval of the County Board is required for any connection to be made in the access controlled portion. Our discussions of medians centered on raised medians creating a physical barrier to prohibited tuming movements and, therefore, being the only way to enforce 'right-inlright-out" restrictions. It would be difficult and very expensive to design medians that effectively limit movements and allow a safe location for the inevitable U-turns that will occur. Moreover, the restriction of Northland, Maryknoll, or both to right-in/right-out movements would likely be very unpopular with the residents of those streets. Under some conditions, we might be able to recommend a plan such as this to the Board, but we feel that lining the Neal Avenue connection up with either Northland or Maryknoll is very important. Under any circumstance, we could not allow restriction of the streets to the south without a public hearing. · Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- The comments on lowered speed limits in this section are speculative and may give residents who view speeds as too high a false sense that development along CSAH 12 will lower the speed limit when that is rarely the case. In any event, lowered speed limits do not correlate to increased access. . · Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- The City's recommendations for the recommended Neal Avenue alignment are illogical: Access to collector roads would be better if intersections with the arterial road (CSAH 12) were consolidated at fewer intersections. This plan does not consolidate access; it spreads it out to more locations than necessary and more than can safely be accommodated. Fewer intersections along the arterial would reduce the number of turning movements necessary to get on and off of the arterial and the intersections could be controlled with traffic signals or all-way stop signs, if necessary. The recommended alignment will result in more intersections, none of them easily controlled. The mid-point location of Neal Avenue would not necessarily spread traffic among the residential streets to the south since few of them offer a direct route anywhE~re- it would likely perpetuate the already contentious cut-through traffic on Deer Path. . . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- The comments on traffic signals at the CSAH .12/15 intersection and at the CSAH 15/Boutwell intersection should be clarified: Itis highly likely that the reconstruction plans for CSAH 15 will include a traffic signal at CSAH 12, but nothin~1 specific has yet been proposed. It is certainly an option and very likely, but at this time, there are no plans. A signal at CSAH 15/Boutwell intersection is a possibility, but it would be treated as all other County road intersections are- it would be subject to the standards of the County's Traffic Signal Ranking System and our cost participation policies. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- We disagree somewhat with the wording of the section that states that, "The proposed alignment for the Neal Avenue connection to County 12 at a point midway between residential streets to the south, to encourage the use of County 15 and disperse traffic among other streets, rather than creating a direct connection and higher Page three Letter to Sherri Buss - Boutwell August23,2002 traffic volumes on residential streets to the south." This sentence is grammatically unclear and suggests that drivers will continue south through any street that lines up with Neal Avenue, whether it is a direct route to any destination or not. Very few drivers will cut through residential areas unless they find that it is a quicker route to their destination. Neither Northland nor Maryknoll is an efficient route to anywhere but the residential areas that surround them. . · Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- The final bullet in this section contains a typo and we also disagree with its content. We feel that development of the Boutwell South area will have minimal traffic impact on Maryknoll Avenue and Northland Avenue, but will perpetuate the pattem of drivers using Deer Path as a cut-through route. We appreciate your efforts to include our comments in the report. I hope that these comments clarify the County's positions. Please call me at 651-430-4312 if you have any questions or comments. Sincerely, c1~ ;;{~ \.J~ePh Lux Senior Transportation Planner . c: Steve Russell, Stillwater Community Development Director Klayton Eckles, Stillwater City Engineer Don Theisen, County Engineerrrransportation Division Director Wally Abrahamson Washington County Commissioner, District 3 Jim Schug, Washington County Administrator M:\USERS\PW\JFLUX\WORDIPlat Review- Stillwalerl80utwell South August 2002 Draft.doc . WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 651-43Q..4300 Facsimile Machine 651-43Q..4350 Ocnald C. Wisniewski, P .E. Director . Conald J. Theisen. P.E. Deputy DirectorlCcunty Engineer JamesD. luger. RLA Par1(s Director Vi~inia S. Chace AdmnislraUve Services Division Manager Larry S. Nybec:lc. Pl5-County Surveyor Deputy Direc:tor. Survey and land Management Division July 2, 2002 Marvin Erlc:ksOn FaoliUes Manager Sherry Buss BRM, Inc. 2335 W. Hiuhway 36 St. Paul, MN 55113 BOUTWELL SOUTH AREA PLAN, STILLWATER, MINNESOTA Dear Sherry: We have reviewed the draft report of the Boutwell South Area Plan for its impact on the County's. road system. Thank you for the opportunity to comment. The development of this area will have significant long-term effects on the area's transportation system and we appreciate the chance to voice our concerns. We have the following comments: . · In Section II. Existing Conditions and Issues, Roadways, Streets, and Trails.. Some assumptions are made about the planned reconstruction of Manning Avenue- (CSAH 15) which are premature: The County's current Capital Improvement Plan identifies reconstruction of Manning Avenue from Trunk Highway 36 to CSAH 12 as a 2006 project. No design has been set yet. A pedestrian trail may be located on either or both sides of the road, though if a single trail is constructed it will likely be on the east side since a portion of the trail has been built in the Liberty on the lake development. It is highly likely, but not completely certain, that a traffic signal will be installed at the CSAH 121CSAH 15 intersection. Reference is made to the County's efforts to regulate new driveway connections to Manning Avenue. Controlling access of all types, whether driveways or new streets will be a significant part of our design efforts, as it is crucial to preserving the safety and capacity of Manning Avenue, and the transportation system as ,3 whole. . · Section II. Existing Conditions and Issues, Roadways Streets, and Trails, and Figure 3, Proposed Neat Avenue Connection- Washington County has purchased the HCcess rights of all CSAH 12 right of way between Boutwell Road and Manning Avenue. (Openings in the access control exist to accommodate existing private driveways and streets.) The connection of Neal Avenue midway between Northland and Maryknoll Avenues does not meet the County's access spacing standards and will not be allowed. Preserving capacity on CSAH 12 relies heavily on controlling access since the route does not lend itself to expanding the facility by adding lanes. In order to preserve capacity without adding through lanes, we must safely accommodate turning movements at intersections. We believe that this can be done by adding left-tum lanes Ht some time, in conjunction with the regular repaving of the road. To do so, we must space the intersections far enough apart to accommodate center left-turn lanes. The spacing that is shown in Figure 3 of 660 feet simply does not allow enough room to Page 2 . Letter to Ms. Sherry Buss July 2, 2002 . . construct center left-tum lanes. We are also concerned that the three poorly spaced intersections would lead to safety issues that we would be unable to address with normal traffic controls. This comment also applies to the recommendation on Page 9 of the draft report that the connection of Neal Avenue to CSAH 12 should be in the location shown in Figure 3. Section II also mentions; "Residents are also concemed about speeds on County Road 12, and would like the County to reduce the speed limit on this road." Speed limits are set by the Minnesota Commissioner of Transportation, based on the results of a speed study, not the County. The results of several speed studies on CSAH 12 indicate that the correct speed limit is in place. Section II. Existing Conditions and Issues, Roadways, Streets, and Trails, states that "Residents on the west side of the planning area expressed a preference for locating trails along County Road 15 rather than along the Brown's Creek tributary." We feel that the City should consider that trails along the creek may be significantly safer and offer trail users a much more pleasing setting than a trail along Manning Avenue.. . · Figure 4, Boutwell Road/CSAH 12 Intersection Modifications- Any reconstruction of the Boutwell Road/CSAH 12 intersection must meet sight distance standards. Constructing Option 2 without adequate sight distance could cause an increase in rear- end accidents because eastbound drivers would not have adequate time to react to left- turning vehicles. Option 1 creates unacceptable conflicts between drivers using the . bypass lane at Boutwell and drivers using the same lane as a right-tum lane for Eagle Ridge Trail. It must be established whether or not a guardrail is warranted according to Federal Highway Administration standards before one can be recommended in the northeast quadrant of the Boutwell Road/CSAH 12 intersection. . · Traffic Analysis, Page 10- The traffic generated by development within this area combined with that generated by the Settlers Glen development north of Boutwell Road has the potential to cause significant delays. While the roadways that are studied do have the capacity to handle the traffic generated by the developments. the operation of several intersections may deteriorate to unacceptable levels. The traffic study that was submitted for the Settlers Glen development indicated that the Boutwell Road/Manning Avenue intersection would meet traffic signal warrants when that development is fully built out. That portion of the additional 3.445 vehicles per day from the Boutwell SoUtt) .. development accessing Manning Avenue could create unacceptable delays. Furthermore, that the existing traffic on CSAH12 has shown a tendency to produce unacceptable traffic levels on residential streets such as Deer Path tends to indicate that residents in the northeast area of the City do not view Manning Avenue as an acceptable route to businesses in the Trunk Highway 36/County Road 5 area. · Trails, Page 10- We strongly support the construction of a pedestrian underpass near the CSAH 121Northlane Avenue intersection. · Attachments, Option 1- This is the County's preferred option for future development of . the Boutwell South area. We recognize that this option is not necessitated by the development of the properties adjacent to the southerly extension of Neal Avenue, but feel that this option could be constructed in phases that accommodate the desires of adjacent property owners. Resolving sight distance deficiencies for a four-leg . . . Page 3 Letter to Ms. Sherry Buss July 2, 2002 intersection at the Maryknoll Drive/CSAH 12 intersection would require a partnership between County and City, but would provide the best long-term solutions to access to CSAH 12. Closing the Boutwell Road/CSAH 12 intersection would help to segregate the intersection operations of Boutwell Road and Deer Path and be a significant safety improvement. We feel that this is the best long-term option to accommodating development in the Boutwell South area while preserving the integrity of the .. transportation system. Options 2 and 3 are also acceptable to Washington County, but we feel that Option 1 provides the City with more flexibility by providing two appropriately spaced access points to CSAH 12. Please call me at 651-4330-4312 with your comments and questions. Sincerely, <:1~ /fy 4seph Lux Senior Transportation Planner c: Stieve Russell, Stillwater Director of Community Development K1ayton Eckles, Stillwater City Engineer Larry Hanson, Stillwater City Administrator Don Theisen, Washington County Transportation Division Director/County Engineer Don Wisniewski, Washington County Director of Transportation & Physical Development Wally Abrahamson, Washington County Commissioner, District 3 Jim Schug, Washington County Administrator I.t'lJSERS1PMJR.UXlWOflOlSllat RevI_ SU1Iv4ler'&utY.el Scu1h hea F'Ian Craft Report.doc: Memo . To: From: Date: Subject: Planning Commission () Steve Russell, Community Development Director {l-/ June 17,2002 South of Boutwell Area Plan Tonight's meeting is the third Planning Commission public meeting on the Boutwell South Area Plan. The public hearing tonight is to review the draft plan with the intention of recommending the plan to the Joint Stillwater Township/City Planning Board and the City Council for adoption. Background: The Boutwell South Area is part of the City of Stillwater's Comprehensive Plan Expansion Area (see attached expansion area proposed land use plan). The area is a part of the Phase IV expansion area scheduled for annexation and development after 2015. With the exception of the Public Works Fa~ility, Boutwell Cemetery and Rutherford Cemetery, . the remainder ofthe study area is currently designated Rural Residential as a holding zone for future development. The Draft South of Boutwell Area Plan designates most of the vacant areas single family/low density (2-3 du's/acre). The Comprehensive Trail Plan shows trails along Boutwell, connecting Boutwell to CR 12 in two locations and along Spring Creek and the intersection of CRS 12/15 to the proposed Boutwell Cemetery Park. eral road alignments connecting Neal Avenue to CR 12 were considered. The recommneded alignment is an offset alignment intersecting wHIr Boutwell east of Neal Avenue and connecting with.CR 12 between Maryknoll and Northland. The proposed connecting road incorporates the . design elements of trails, greenwaYs and wetlands toqeate a green roadway design. Besides land use and traffic, drainage is an area of concern. With the proposed residential land use, additional runoffwill be generated and have to be managed in a way that protects Brown's Creek. The draft plan has tried to anticipate land use impacts and proposed conceptual drainage designs that will accommodate the increased drainage. The draft plan before the Commission, is the result of the existing conditions and issues reports and discussions held at the Planning Commission meetings of March 11 and April 8. . . .: . Tonight, the plan is presented for comment, consideration and recommended for adoption. When adopted, the plan will provide a guide for future development of the South of Boutwell Planning Area. Recommendation: Review and approval of South. of Boutwell Area Plan (resolution). . . . Attachment: Draft South of Boutwell Area Plan __n::.I&.,.......,.......~ r ..~~ . L_ i' - -:" 'I ~, ~.~..... !' ..,. ;!. ." '-.' - - -..... .".~ 'I - -'. ",-~_ - _- - f ' -.. r -------_.~ SOl.TJ nn.....1 , '., LAKEI , I I - II / ( . ! 1 i r- 36 . . . Concerns addressed to City Planning Commission by Richard and LaVerne Schultz.:_ t(/7/o '-' (tLL:) The proposed extension of Neal Avenue which cuts across our property is of concern to us as current property owners. The road extension and the park area proposed along it and between the two ponds on either side of our land appears to take over one third of our property. It is difficult to determine how much because no mention of acreage is mentioned in the report. That in itself makes us nervous~ because we don~t know how much land will be taken from us. We question the need for the road~ and it appearS the draft proposal also questions it. Please refer to the first two paragraphs on page 10. I quote, "The new Low-density Single Family land use areas proposed in this plan could generate up to 3~445 total daily trips on area roads, if the 120 acres are fully developed at the maximum 3 units per acre. The number of trips would be well within the capacity of existing area roadways~ particularly when Manning Avenue (Count 15) is upgraded, and planned improvements have been completed to Boutwell Road County 15 in this area currently carries nearly 14,000 trips on an average weekday." Also refer to page 4 of the Draft which indicates a reason not to put a road in at that location. I quote, "The existing steep grade on County Road 12 makes sight lines problematic for locating a new intersection east of Northland Avenue." It was our und(~rstanding from the former planning meetings we attended that the majority of residents in the area did not favor an extension of Neal Avenue. People seemed to indicate that upgrading the intersection of Boutwell Road and County 12 was the preferred method of handling the traffic flow. Our question is why the Draft Pr.oposal is now suggesting both the upgrade of the present intersectij)D and a, new road be constructed? This does not seem to be necessary or the wishofthe property owners involved. . Stillwater Planning Commission: ~ f /17/o/.--' . Re: South Boutwell Area Development Commission Members: I am concerned about the plans for the development of the South Boutwell Area. I feel like I've been on the wrong end of others decisions ever since I purchased my property and now I am in a similar situation as noted in the following. At purchase my original property corner was a quarter section marker. I was told that a planned road (Co. 12) ifbuilt would be south of my property line and that there would be a planned vehicle entrance at that quarter section line. Then when a planned road was constructed, I had to sell three acres of land at a set price or go to court to protest. The DNR (A. B. Jackson gave land to the DNR) wouldn't allow a then swamp to be filled in. I was told that the county would establish a new property comer. When that didn't happen, I inquired and was told it was my problem. However, I had a written promise from the county land purchaser that this would happen. I now had a new comer post and the point of view that this would be the new road entry point. Again, because Orin Thompson moved the Northland entrance West of that point the opposite entrance was given to the next property owner leaving me out again. When I sold my land for the highway, I had to sign a no ingress-egress statement. I assume that this will apply to any . new roads between the current North side vehicle entry points at Northland and MaryknoIJ. I was also told that ifNeaI would be extended it would be along my West line - sharing the road width with the other property. I accepted that plan - apparently no longer a consideration. My fonner neighbor purchased land West of him so he could build a house there when the new Neal was built Suggested Option: Traffic lines are now established \vith current development in place. The number of housesllots East of Neal are limited in the area North of Boutwell. The next entrance West is at Minar Ave N. Cars use this route to Co. 12 as 80th St and Manning Ave N. is a busy intersection currently. The Boutwell entrance to Co. 12 and Eagle Ridge to Co. 12 and now well established and at the last planning there was an unanimous vote to use those roads with the planned upgrade of them in the future. This would continue to serve the area North of Boutwell. With the exception of current households along Boutwell all traffic emanating from the area East of the creek and South of Boutwell to the Boutwell and Co. 12 intersection could exit from the two entrances currently in use. This would keep traffic off of Boutwell and exiting on Co. 12 from a given area. Also, it would create a neighborhood concept for the Boutwell area similar to what we know of the North Hill or South Hill. The Minar Ave N. would then be used to service the western area as there are good sight lines at Minar and Co. 12. It would be more that reasonable that the developer of that western area should have some responsibility to provide exits . . for thc~ traffic they create and it would be reasonable to vent that traffic before the Neal area. The figure six plan is out of perspective. It shows a relative closeness of the two collection ponds. On an actual plot of the area, the distance between the two ponds is approximately 400 feet (see option 1 map) and not as low as and as narrow as the figure map suggests. I really believe there needs to be more communication between all parties involved in the planning manner. It is not enough to hear infonnation and plan development that isn't what the owners directly involved are saying. The owners hopes and desires have to be considered. Thank you, for your time and consideration. Richard and La Verne Schultz 13055 Boutwell Rd. N. . . Saturday, March 23, 2002 Steve Russel/and Planning Commission Members: Carlson Wagonlif TravefM ..~ We would like to clearly express our opinion regarding the proposed planning/development in the phase IV area as discussed on March 11th, 2002. The area is not scheduled to be (and should not be) developed until 2015 under the current agreement. This date was the direct result of years of planning _ with the concurrence and testimony of hundred's of county, city and township residents and officials. Plans can bfl changed whA!1 conditions war~ant. We do not be!i~ve most of those same people would support. any change in. this date - especially one that would advance the time period by over ten years for the sole purpose of quicker development. It is beyond us why the city is even entertaining this proposal. The request for the larger parcel as proposed would not, at this time, enhance the city. It is not as though: 1. The Planning Department is "twiddling their thumbs" with nothing to do, and thus needs work to employ their paid-for talents' . 2. The city.is suffering from lack of development of housing units. 3. The city is not utilizing its permit allotment under the plan. 4. The city and county will be in a surplus fiscal state and must find projects to invest this money in. We would suspect most area residents appreciate the look and feel of the current open space provided in phase IV area. Personally, we have no intention to develop our property. Regardless of our personal desires and preferences, the fol/owing factors nonetheless stand out as relevant: We think no one will debate that traffic volume has gotten heavier in almost every corridor of the city - that in fact it continues to get worse, not better, despite all attempts to mitigate. The city already has several major developmen.ts ;n progress.- the final result and ImDact of Which has vet to be realized. In the twelve years . we have been on 75'" Street, COunty Road 12 traffic has increased tremendously as people view this as the quickest way in/out of the city from the East/West. The point is that any development in phase N (as Proposed) will affect safety and flow on County 12. Of even more significance and a greater negative impact is the contemplation of extending Neal Avenue South to County Road 12 as a "collector" street. The volume of traffic that would thence feed into Neal from Boutwell, from along existing Neal and . Carlson Wagonlit Travel · 1826 Tower Drive West · Stillwater, Minnesota 55082-7;13 . (612) 439-3522 . fa..x (612) 439-1 i-i6 Local Presence, Global Po\ver'.' Owned and Operated b}': Tubby Lohmer's Travel . - Carlson Wagonlit Travel~ .~ from r<1cKusick Road (Orrin Thompson and Oak Glen) would be incredible. Why? We are no traffic engineers but are capable of basic logic, Human nature and physics dictates the inevitable. PeDDIe, like water, WrLL take the Dath of least resistance. (remember Deerpath?) As an example: Destination: Cub or Target. Do I work my way out to County 15 - through lights - to Highway 36 via an off ramp to more lights to Highway 5 and more lights to the destination? Or simply go via the "new" Neal Avenue onto then Maryknoll or more likely Northland, out to County 5 to Target? All of a sudden, Croixwood, like it or not, becomes a thoroughfare. If Neal were extended there would be no way to avoid that result. We are sure residents of Croixwood would soundly. oppose .any- development-that requires their residential streets to become main arteries. Far from alleviating an existing major traffic problem, extension of Neal would, quite the opposite, create a problem of greater magnitude, As in the Greek Myth of Hydra, in the process of cutting off one head, you create two. . . . We do understand the long sought after desire of a North/South artery in the city _ but just as tributaries can only flow downhill to the larger river, there are some forces of nature you simply cannot, or would not be wise to, try and change. We have Highway 95, Owen/Greeley Sts.,and County Road 15 for North/South flow - there simply is no other topographical logistic available. In any case, we primarily feel the city should allow development to unfold in the other areas as already allowed beFore considering/advancing yet more development in Phase IV. It is only logical and reasonable to see firsthand how city services and traffic actually evolve and are impacted (as opposed to planned) as the build out in these other major areas is completed. There are always unexpected circumstances that arise in any endeavor. We compare the situation to a business that perhaps, in an effort to expand, diversifies into so many areas that their core business may begin to depreciate and suffer from neglect. . No one denies the right of a property owner to petition the city to be annexed _ but. the right of petition does not always.mandate a righfto be accepted, The dty's primary obligation is to its . current residents and to thus consider this or any proposal in light of the overall benefits/detriments as it affects the quality of life for all current residents. A developml~nt is in fact a legitimate business out to make a profit. The fact that developers were willing to subsidize fifty percent of the initial "area plan" to assist themselves was not out of their benevolence for the city, Their "largesse" in service to their ultimate goal does obligate the city to consider their proposal seriously, it does NOT therefore follow though that the city must agree to their visions over and above a majority of existing residents. /1 J Sincerely, i~ ~ d . Bob and Tubby Lohmer . 1 ~ Local Presence, Globa(Power' Carlson \ragonlit TrJvel. 1826 Tower Drive West · Stillwater. ~linnesota 55082-7513 . (612) .,3,j.3322 . Fax (61!) 439-li46 Owned and Operated by: Tubby Lohmer's Tra\.el .. .' Mr. Robert Hultman Chair, Stillwater Planning Commission 216 North Fourth Street Stillwater. Minnesota 55082 . February 26, 2002 Mr. Hultman We are 'Miting to further express our concerns the South 8outINe1l planning area We attended the meeting on April 8 and have a number of concerns that remain about the potential ear1y annexation and long-term plan. Infrastructure ./ Any development in the plan should be undertaken only after an upgrade to Boutwell and CR15. To continue to further develop the area without first upgrading these roads continues a "cart before the horse" approach that has lead to the road issues we have today. 1. Boutwell is already a dangerous road for the many pedestrians that use it The City Facility and development at the CR15 end of the road will only make it worse. Neither of these should have been done without first addressing the Boutwell issue. However. that is history. Certainly no further development should be added to this load. Any traffic study should also include both vehicular and pedestrian use. I believe it is only a matter of time before we have a tragedy. 2. CR15 and the CR121CR15 intetSeCtion are already traffic issues. No further development should be done without first addressing that capacity. I knoW the Met Council has some .. concerns on this issue. I understand that CR is not scheduled for an upgrade until 2005 at the earliest. ./ Is there truly sufficient water and sewer for another development at this time? The development at the end CR15 end of Boutwell and the oontinued growth in the Uberty area should be completed before any further stress on the system. Are the people in Uberty satisfied with their services? The ability to serve additional development needs to be documented and proven prior to any commibnents. Land Use ./ The land should be zoned for single family, rural - not high density. The % acre lots discussed at the meeting are not acceptable. The area is primanly rural and virtually all adjacent property Q\M'Iers (except those who want to sell land) want to keep it that way. Two minimum acre lots would be compatible. ./' Any development in South Boutwell must have some strict guidelines to prevent the Woodbury-style "cookie" cutter approach. The zoning should call for significant construction diversity. ./ The duplexes proposed by the current developer are unacceptable both from both the density and style issues. Even the developer indicated at the meeting they were the same, except for some color OlVersity. . . . . r illwater "~ ~ THE BIRTHPLACE OF MINNESOTA ~ Notice of Public Hearing September 17, 2002 City Council Chambers 216 North Fourth Street Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, September 17, 2002, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street, to discuss alternative land use and circulation patterns for the Boutwell South Planning Area. All persons wishing to be heard with reference to this request will be heard at this meeting. Steve Russell Community Development Director -----~ \ Publish: September 10, 2002 CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 I -I. I I I I I I I . I I I I I I J .. I Report for Boutwell South Area Plan Stillwater, Minnesota September, 2002 File No. 510-01-109 j 11 j Bonestroo .ILJI Rosene -- . ~ And.e.rlik & , ~, Associates Engineers & Architects I I. I I I I I I I I. I I I I I I I I. I ~ Bonestroo III _ Rosene ~ Anderlik & 'I \11 Associates Engineers & Architects Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin L. Sorvala. PE. . Glenn R. Cook. PE. . Robert G. Schunicht PE . Jerry A. Bourdon. PE. . . . Senior Consultants: Robert W. Rosene. PE. . Joseph C. Anderlik. PE. . Richard E. Turner. PE. . Susan M. Eberlin. c.PA. Associate Principals: Keith A. Gordon. PE. . Robert R. Pfefferle. PE. . Richard W. Foster. PE. . David O. Loskota. PE. . Mark A. Hanson. PE. . Michael T. Rautmann. P.E. . Ted K. Field. PE. . Kenneth P Anderson. PE. . Mark R. ROlfs. PE. . David A. Bonestroo. M.B.A. . Sidney P Williamson. PE.. L.S. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt. PE. . Thomas W. Peterson. PE. . James R. Maland. PE. . Miles B. Jensen. PE. . L. Phillip Gravel III. PE. . Daniel J. Edgerton. PE. . Ismael Martinez. PE. . Thomas A. Syfko. PE. . Sheldon J. Johnson. Dale A. Grove. PE.' Thomas A. Roushar. PE. . Robert J. Devery. PE. Offices: St. Paul. St. Cioud. Rochester and Wilimar. MN . Milwaukee. WI . Chicago. IL Website: www.bonestroo.com September 9,2002 Steve Russell, Community Development Director City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Dear Steve: It has been a pleasure to work with you, Klayton, and the Planning Commission members to complete the Boutwell South Area Plan. We have had some challenging issues to deal with in this project, particularly related to the roadway elements of the plan. These challenges have helped us to develop some nontraditional solutions to planning issues in the area, and work to integrate the roadway, trail, stormwater management and open space elements of the plan in some creative ways. We have also worked closely with residents of the area, who participated actively in the planning meetings and public hearings. Their thoughts are reflected in the land use, circulation, and open space recommendations in the plan. We hope that as the plan moves toward implementation, the proposed land uses and location and design of infrastructure will preserve and showcase the character of the. area, create a smooth transition to the City, and create connections and amenities that will add value and enhance the natural resources of the area. Thank you for the opportunity to work with you and the residents of the area on this planning study. Sincerely, ~ fr/'bvt~ Sherri A. Buss, M.L.A. Project Manager 2335 West Highway 36 . St. Paul, MN 55113 . 651-636-4600 . Fax: 651-636-1311 I I. I I I I I I I I. I I I I I I I I. I Table of Contents o Executive Su m mary ................................... 2 o I. Project Summary.................................... 3 o II. Existing Conditions and Issues.. ............ 4 o III. Planning Process .................................. 8 o IV. Recommendations................................ 9 Land Use................ ............................. .................. ..... .....9 Roadways..................................................................... 10 Trails ..................... .............. ............. ...... ....................... 13 Stormwater Management.............................................. 15 Integration of Stormwater and Circulation .....................19 Sewer and Water Services............................................ 19 o V. Implementation................................... 21 o Attachments ......................................... 23 City of Stillwater-Boutwell South Area Plan 1 I I. I I I I I I I I. I I I I I I. I ,. I Executive Summary This plan provides recommendations for the Boutwell South planning area, a neighborhood within the Stillwater Annexation Area. The area is approximately 350 acres in size, and current land use is largely rural residential in character. The plan proposes that as the area becomes part of the City of Stillwater, approximately 120 acres be allowed to develop as low-density single-family residential areas. These areas are largely in the eastern portion of the planning area. The western portion of the area is recommended to remain largely rural residential. In addition to land use recommendations, the plan also includes recommendations for circulation, public utilities, storm water management, and integration of these systems. The plan recommends that Neal Avenue be extended as a parkway through the area, and that trails be completed along the creeks and roadways to make connections identified in the City's Comprehensive Trail Plan. The City will need to work with Washington County in developing pans for the extension of Neal Avenue, as the County controls access to County Road 12, and has expressed concerns related to access management and safety along County 12. The plan analyzes traffic and stormwater impacts from the development proposed for the South Boutwell Area, and updates the analysis completed in the Stillwater AUAR (1997) for these issues. The residents of the area, the Stillwater Planning Commission, Washington County, and others participated actively in development of this plan. The City Council adopted the plan on September _' 2002. City of Stillwater-Boutwell South Area Plan 2 I I. I I I I I I I Ie I I I I I I I I. I Boutwell South Planning Study I. Project Summary This plan was developed to provide a comprehensive framework that will guide land use, development, circulation, , storm water management, parks, trails, greenways and other infrastructure decisions in the Boutwell South Planning Area. The area is slightly more than 350 acres in size, and is bounded by Boutwell Avenue, County Road 15 (Manning Avenue), and County Road 12. The area is currently located within Stillwater Township, but pro~osed for annexation to the City of Stillwater after 2015. Figure 1 identifies the boundaries of the planning area and existing conditions. The City of Stillwater's Comprehensive Plan (1995) identified the majority of land use in the Boutwell South Planning Area as "rural residential" through 2015. The Alternative Urban Areawide Review (AUAR) for the annexation area assumed rural residential land use in the Boutwell South area when it analyzed the environmental impacts of proposed development in the Annexation Area, and developed the mitigation plan to address these impacts. Both the Comprehensive Plan and AUAR assumed that no urban services would be provided in the area before 2015. However, two property owners in the Boutwell South area have expressed interest in developing their land in the near future at urban densities. City orderly annexation policies allow landowners in areas adjacent to the existing city limits to petition for annexation. One of the properties is located at the corner of Manning Avenue and County Road 12, and the other is in the eastern half of the planning area, south of Newberry Court (see Figure 1). Other landowners in the Boutwell South area also expressed interest in annexation during the course of this planning study. The City prepared this Area Plan for the Boutwell South area to coordinate and guide land use, zoning, parks, trails, circulation systems, public utilities and storm water management in the area. The City will then consider the property owners' request for annexation and changes in land use based on this overall plan. The plan also reviews the environmental impacts identified in the AUAR, analyzes the potential impacts of the proposed land use and utility plans for the area, and discusses mitigation strategies. City of Stillwater-Boutwell South Area Plan 3 I I. I I I I I I I Ie I I I I I I I .. I II. Existing Conditions and Issues The City's staff and Planning Commission met with residents in the area and Washington County to identify important existing conditions and issues to be considered in developing the area plan. These issues included the following: Roadwavs. Streets. and Trails . Mannina Avenue (County Road 15). Washington County's current Capital Improvement Plan identifies reconstruction of Manning Avenue from Trunk Highway 35 to CSAH 12 as a 2006 project. It is likely that this project may include creation of a four-lane roadway in this area, adding a traffic signal if warrants are met (probably at the County Road 12 intersection), and adding a bike and pedestrian trail on the Stillwater side of the county road. The County will control access to this roadway, including driveways and new streets. The County is planning to construct center left tum lanes on Manning Avenue at the Boutwell intersection in summer, 2002, and may add a temporary traffic light. There is no current timeframe for upgrading Manning Avenue to a 4-lane roadway north of County 12. County staff indicated that the earliest time that federal funding could be available for an upgrade of Manning Avenue north of County 12\is 2008. . Neal Avenue. The City is considering options to connect Neal Avenue with County Road 12. Issues related t'o this proposal include the following: o Improvement of the existing Boutwell Road- County Road 12 intersection, which is poorly configured. o If a new route for Neal/Boutwell is identified, access to Boutwell Avenue would need to be maintained for homes east of Neal. o The existing steep grade on County Road 12 makes sight lines problematic for locating a new intersection east of Northland Avenue. Potential connections require discussion with the County. o The County has purchased the access rights of all CSAH 12 right of way between Boutwell Road and Manning Avenue. (Openings exist to accommodate existing private driveways and streets.) Access spacing standards and needs City of Stillwater-Boutwell South Area Plan 4 I I. I I I I I I I Ie I I I I I I I ,. I Existing a'nd Proposed Trails ~ Existing City Sewer and Water Services 500 . o 250 ~ Scale In teet . ~ ~= ~ - = ! I I ~ ~ ; h~ ~~II ~i ~ ?o \'l ~~~~ ~15~~ ~'il~\'l ~~<~ :~~~ ~ ~ ~i~B ~ ~ !~8 -~~ ~ E~~ p~ ~ i~~ l~~ ~ !.2~ it.2~ ~ ~ !~~ ~ E~~ .. ;~~ i ~}~E _~~ ~ ~~ a;2 I !~ ~~~ ::a:;:: "":::t.... !~ ~!: ~~ F !j i ~ o olS~ ~ o ~~ E .b .Q) ==.~ :c: tnCL-u ~ QJQJQJo <( CUl1:JUl '" OOCUl <<10:::<(<( ~ ~C~! II) r: o -:.e \J r:'l o U'J _ en - r: ',i:j ,II) ')( ~W 'j 1.1 ~ QJ a.. <(I en' r: .- r: r: ~ ii: a.. .c QJ ~ ~ :J ~ 'I 0 3: '~II) = - QJ ',i:j Qj:J~ 3:""ll- ~.!::20 :J \J ~. o r: .-. DJ~U QJ a.. :J en LL: I I . I I I I I I I Ie I I I I I I I .. I for turn lanes need to be considered in the design of any proposed Neal Avenue connection. o A variety of options for the new Neal Avenue route are available. Each has potential traffic and land use impacts. (Figure 3 and Attachments) o Residents in the area are concerned about potential traffic impacts of connecting Neal Avenue to residential streets to the south of County Road 12. o Residents expressed concerns about increased traffic on Boutwell, Minar and other local streets due to the Settlers' Glen development (north of the Boutwell South planning area). o Residents are also concerned about speeds on County Road 12, and would like the State Commissioner of Transportation to reduce the speed limit on this road. . Existino Traffic. Many local residents expressed frustration concerning existing poor circulation in the area, and the potential for these problems to worsen with additional development. They also expressed concerns that a Neal connection near Maryknoll Road or Northland Avenue would route unacceptable volumes of traffic to these residential streets in the Croixwood area. . Trails. The City's Comprehensive Trail Plan identifies a number of existing and proposed trails within and around the study area. Issues for the planning study include: o Creating good pedestrian connections through the study area and among the proposed trails. o Providing safe trail access from the Boutwell South Area and other residential areas to the north to the parks on the south side of County Road 12. o Residents on the west side of the planning area expressed a preference for locating trails along County Road 15 rather than along the Brown's Creek tributary. o The County suggested that trails along the Creek may be significantly safer and offer trail users a more pleasing route than a trail along Manning Avenue. Stormwater Manaaement and Wetlands . Stormwater manaoement. The AUAR proposed that stormwater in the Annexation Area (including the City of Stillwater-Boutwell South Area Plan 5 I I. I I I I I I I Ie I I I I I I I I. I Boutwell South area) be diverted away from Brown's Creek to protect the designated trout stream and associated resources. The City is currently constructing this diversion system. Land use changes proposed for the Boutwell South Area could increase the rate and volume of stormwater runoff from this area beyond the level identified in the AUAR. Related issues include the following: o The AUAR proposed storm water ponding in several existing basins in the South Boutwell Area to manage runoff. The size of these ponds may need to be increased, or other storm water management strategies required .if land use changes in the area. o The $5,000 per acre impact fee that is being assessed to new development in the Annexation Area to pay for the cost of the stormwater diversion would be assessed to new development in the Boutwell South area. o Storm water facilities in the area could be designed to serve as amenities for development in the area, and provide multiple benefits such as open space, buffers among land uses, and trail corridors. . Wetland Buffers. The Brown's Creek Watershed District requires that 100' undisturbed vegetative buffers be established along the Brown's Creek tributaries and wetlands in this area. This will affect the size and configuration of developable areas. Land Use . Existina Land Use. Much of the Boutwell South area is currently occupied by large lot single family residences. Many of these residents indicated that they plan to maintain this land use for the foreseeable future. Issues related to the future land use in the area include the following: o Identify appropriate long-term land use designations in the Boutwell South area. o Evaluate which land use(s) would be compatible with existing development in the area, and identify needs for buffers or separation between some land use types. o Evaluate which land uses are compatible with roadways and storm water infrastructure capacity available for the area. o Identify an appropriate land use transition from the city limits going westward City of Stillwater-Boutwell South Area Plan 6 I I. I I I I I I I Ie I I I I I I I I. I / o Existing residents in the area expressed strong concerns about increased densities proposed for the area. Many were opposed to any change in land use designations before 2015. Single family housing that is compatible with existing homes in the area was preferred over attached housing and other land uses. . Parks and ooen soace. Additional open space and neighborhood park areas should be identified in the Boutwell South area as development occurs. Open space areas may also be designed to serve storm water management functions and provide transitions among land uses. Open space corridors and trails in the South Boutwell areas should connect with those in surrounding areas. . Phasinq issues. The City has a limit of 120 new residential permits per year within the whole annexation area. The timing of new development in the Boutwell South area may be affect by these limits. City of Stillwater-Boutwell South Area Plan 7 I I. I I I I I I I Ie I I I I I I I I. I III. Planning Process The development of this plan included meetings with affected parties, including city residents in and around the planning area, the City's Planning Commission, City-Township Joint Board, Washington County, and the City Council. The plan was also reviewed by the Brown's Creek Watershed District. Discussions included the following: . Planning Commission and Public Input. The City's Planning Commission considered the plan at four meetings, including a public hearing on April 8, 2002. A large number of residents from the Boutwell South planning area and surrounding neighborhoods attended these meetings and identified their issues and concerns. Issues discussed at these meetings are listed in the previous section. The plan includes the Commission's recommendations regarding land use, stormwater management, public utilities, circulation, and overall design. . City-Township Joint Board. The Joint Board reviewed the draft plan and Planning Commission recommendations on July 24, 2002. The discussion and comments focused on roadway and land use issues. The Joint Board voted to approve the draft plan at this meeting. . Washington County. City staff and consultants met with staff from the Washington County Physical Development Department several times during the planning process to discuss issues related to roadways and trails. County concerns and recommendations are described in Section IV, and copies of letters received from the County are included in the Attachments. . Brown's Creek Watershed District. (Paragraph to be completed following response on plan.) . City Council. (Paragraph to be completed following City Council consideration of plan.) City of Stillwater-Boutwell South Area Plan 8 I I. I I I I I I I Ie I I I I I I I I. I IV. Recommendations for the Boutwell South Planning Area A. land Use Recommendation 1: Figure 2 identifies the proposed land uses for the Boutwell South Area. Most of the existing Rural Residential land use areas in the western half of the Area should be maintained in rural residential use, with densities of one unit per 2.5 acres. Two areas (corner of County 15 and County 12, and County 15 and Boutwell A venue), plus the area east of the creek, should be identified as areas for Low Density Single Family land use. Net densities up to 3 units per acre would be allowed in these areas. Recommendation 2: Development proposals for the area should be in the form of Planned Unit Developments. The areas identified for Low-density Single Family land use will extend the existing land uses from the City Limits to the creek that bisects the planning area. The creek tributary and its wide corridor will provide a transition from these new land uses to the existing larger-lot areas to the west. While the proposed land use designation is a higher density than the existing Rural Residential land uses, it is still of relatively low density and should be compatible with existing uses to the west of the creek. The new low-density single-family areas will be compatible with existing areas to the east. Two small areas identified for Low-density Single Family land uses are also located at the western corners of the planning area. These areas are adjacent to major transportation routes, the City's Public Works Facility, and denser development south of County Road 12. The designation of these land uses will allow for a wider range of housing types in the area, and may help the City to meet the housing goals identified in its Comprehensive Plan. Low- density Single Family uses may include both attached and detached forms of single-family housing. The proposed densities allow for "clustering" of units on sites where this will protect natural resources. Clustered designs could be designed to make the proposed developments more compatible with rural residential land uses in the area. City of Stillwater-Boutwell South Area Plan 9 - - - :L -I I I I - 22.013 16.923 I J \ \ \ \ / == 14.322 l. I I ~O---h--h___-l=J- C=-::;1:! /-", / i / -" :-_...~._': ( \ c---: "" \ i,....-----;.., ,- " \ \/-;:j-'/: ' // '- \ V /~ - -r'--- - ',- _oj '< / //-\ / .-- ~v /\ / ,,~<:/;\ I -I 0" .__n....... II r--- 1 I II '----1 i I - _--.n----.....- - - I~ j' , 1~7.315 ~ , r j I) __I I- I r --r-- Boutwell South Planning Area Proposed Land Uses and Acreage - , ': \ I I II II \ I! \ l, \ -. , \ -------- ___------.... /,'--, ''\, / I '(~' C _ /'^'- '-',../ J I ".;' /--:-''. - /1'-------'1_____ t~t\------- />> _\1 \ /'/--,:". - I-_ / I", l. -, 'j I J' ...... ,) / I -- ; " i'-------I/ I / ! "', ! I, - L I _ Land Use / //\ /\:~L-j: j 1-=-':"'1 City Public Works Facility =~{r//\,---{~{j ! ~, ~,_I,- Park / Open Space / Cemetery I 1----1--. ---/?, I f \_ Rural Residential - "I \_ _ // :~"J I - - \- D Single Family / Low Density II ~--/?-,:--: un?) i------ r - - 800 -'~J / j-or_lf- - - I .,,,j (--LJ := = ~_ \r ~<,-- //' \ \ - o 800 Feet \ \ I I I I I //1 (___h_ -: :\i....-<:.7f.Lr~~:--~-1- /~ / I I -------.... i ---, 1 -----I _' /. 1.-____ /.... I I '....... :' ...."../ ~--'\- -"-, --" I __ _I ' - -- -- '<-; \/ !-- j. .-;'--7 / ----- " \ \',-l r- .,--\,( , ,c- : ' ~-~j ())!~~::~i~~;.1:- \y)~</~~(~\\ I )/\ \',/~--1 j '" ---\-/ (-\''------.L ! . '- //, I I~" I ~/\(-(~.! I. ~ ~ ~ -r, //, I I I '.) 1-----0t~()~.i i ' \("/(.......>"--1 '/ 1\ ,( , ~. . :\<~\/'r- i___j .-, r= l'~~\/= \-r'. / --jl----, "6.278 \ I ! I ~ _ _ ("-"",-J -'--I ,i r --- ~\--~-r'-\~--r-- /'-;--: ! II / ,(/ \ I ! \ \ ~- - 1 -I - _~ i i / 'r / ---. ,r- -, I I ! I / -7-, - _ "'-------:-_.. j'(~~~~~'?::Y\ :( f-}: it\~~\;:;;;;I';; ;---'f'r-I ~~l'/-<,/?' '\/"J.- ' --1; r-~ ~ - /.(/ ..... '.......: _' I ~ F ----~I I ".....- ;' '- L__ C-. I -"....... / ,.... ) c; r-~---/-- :)\ ;., < /,.'"" 'iC -e}! - -- ~/(/~7 -, , 1,- ( 1__ ,......, ~..-1" ./)............. I I I -...... ' - ,,\._ ! -1-....,/ /------.:.7'....... T , \ / >-..,...,J,J:J; ",,---(! ~ ---H--.J I 1- - / /, ( /j-~/t-~---r::-/'I<""'----/\"'f--/ I/-:~!..! L: \---=-->~:,) ~;.--__f/\0'--L) '-"-;::~ ;/------; t-------.! 1/.'------..1 / '---Z../ / ;--r--e- .-, 1____- /~, 1/, -(./: ____ 78.080 0.2~ o 0.231 = / 1---- / ; ..L.-...- o a Bonestroo -=- Rosene "1\11 Anderlik & . \J. Associates Engineers & Architects Figure 2 \510\51001109\cad\gis\luse.apr June 2002 I I. I I I I I I I Ie I I I I I I I .. I The distribution and amount of land designated for each land use type in the Boutwell South Area is as follows: Rural Residential 167 acres Single Family, Low-density 120 acres Parks/open space/wetlands 48 acres City (Public Works Bldg.) 17 acres TOTAL 352 acres B. Roadwavs Recommendation 3: Neal A venue should be extended to County Road 12 midway between Northland and Maryknoll Avenues. Figures 3 identifies the City's preferred route for this extension. The route shown in Figure 3 would connect with County 12, but would not provide a direct through connection to residential streets to the south. This route was discussed with Washington County, and the County noted strong concerns regarding needs to limit access to County Road 12 to protect the safety of roadway users. Since the right-of-way of CSAH 12 includes access control, approval of the County Board is required for any connection to be made in the accessed-controlled portion. Based on discussions with the County, providing an additional access to Highway 12 at this location will require construction of a median at Northland Avenue. This median will limit access to County 12 at Northland to right in/right out turns only. The County recommended that a design that includes a median and access limitations be presented to residents in the Northland Avenue area at a public hearing. Design of the proposed modifications should be completed in collaboration with Washington County. The County noted that it does not have a project programmed or funds available in the current Capital Improvement Program for this median. The County expects that the development creating the need for this improvement would bear the cost of the needed work. County comments on this plan indicated that the County prefers that Neal Avenue be connected with Northland or Maryknoll Avenues. The City recommended the connection midway between these streets based on concerns that a direct connection will direct an unacceptable level of traffic onto local streets. In the future, as land use in the South Boutwell area becomes more urban in 'character, speeds on County Road 12 may be reduced. This could allow for an additional access from Neal City of Stillwater-Boutwell South Area Plan 10 I I. I r.~.-: I I I I I I I. I I I I I I I .. I _"_'__~'___H-==~-~~' ......~ ; i ! I j ----~- , I I I I a / '1'/ j , I I , i /1 'J ___~'2l\ ~O i ~-:7:L__, Sc(1~ '0 f.;-::t / / / /LAKE I ; JlCKU4 i /i /1 ,/ I /'" i h~ g q;~~ ~ V'J c: L.;.; ..., f.UU)CJJO ~':.. C <!l1:.,?fl '. OOC:Jl co 0:: <:( <:( ~ ~~~~, ... ~ Z 'a CU '" o C- o L. Q. I ~ CU , L. '< ~ e 'c e ~ D: L. .c CU .... .. 6 ~ ""e= 0" .- "" "'..... e 0 ::s~~ o >< ._ ~wu ... M cu L. ::s ~ u: "J,~,: ( (attmt'"T1l ";'\ I~ I /~t j POND / ! I ...... .........i .,.' .............. ...,...............................~ .................................................. '_H_'_"_ ..._._....._ I I. I I I I I I I Ie I I I I I I I I- I Parkway to County 12 at Northland Avenue, and removal of the median at Northland. The City has recommended this alignment for Neal Avenue though the Boutwell South Area for the following reasons: . It provides good access to collector roads for all developable properties in the Boutwell South area. The proposed parkway may be constructed in phases as the properties in the Boutwell South area develop. . It will consolidate access to County 12, and reduce needs for individual accesses along this roadway for each property in the Boutwell South area. . It will provide access to County 12 for developed areas to the north, and remove traffic from the problematic Boutwell-County 12 intersection. . The mid-point connection between Northland and Maryknoll will spread traffic among residential streets to the south, rather than concentrating traffic on one local street. . A design with broad curves may require reduced speeds and help to calm traffic through the area. . The route may be designed with a "parkway" or "greenway" appearance that includes plantings and a trail, and compliments storm water management strategies for the area. (Figure 6) A variety of options were developed for the proposed Neal Avenue-County Road 12 connection. Drawings of these options and County comments related to the options are included in the attachments to this report. Washington County indicated that that its preferred alignment for the Neal Avenue extension is a connection with Northland Avenue. The County indicated that if the Northland alignment is not used, or traffic from Northland cannot be restricted by the proposed median, that no connection should be made from the property proposed for development in the South Boutwell area to CSAH 12 at this time. The County suggested that this property should outlet to Boutwell Avenue, and the Neal connection be made at Northland when properties to the west are developed. Recommendation 4 : The Boutwell-County Road 12 intersection should be modified to improve safety. Figure 4 provides several design options for the proposed improvement. The County noted that reconstruction of the Boutwell Road/County 12 intersection must meet sight distance standards. The County also indicated that the proposed guardrail must be warranted according to Federal City of Stillwater-Boutwell South Area Plan 11 I '~~~{~~~~~~~~f.;,:i!,:;i. '~~J~~~~~'i.'ii#i'i1ij~~~~1I~__.r.~}\f~,\;f,.J;~r~~~~~~j\t}j,~i,~~lill[",dr~'~"i,>/!j~;:lii'!" . . om ~ ;17 JJJ:l1__- !? :ii~ i~!l! :i~~~ !i!li l~~H:~ L~ I. I I t7fTlON 4". ~/a..\ (fN ~f,u., 1t.1~N Jtr to. P-O. 12.. koo }<<)~m'bNJn., ~... ~ t.I\'N ~ ~ ~. f-1). II. kr ~tSVTVJ ~ LV ~ 1'1 ~6T lftAthto f-/r1 L ~. 6. ~9-Nel(. · ~ trN ~nmv eu.., I\r lb\.\l'l"f'1 p.o t '2.- · IrDD J..gPr l"P-N LJDJe: · ~N ~l1 Crt.t~ J.mL... trr N.e. ~~ I ,....-- :; i:.t) ~~r~~.'~. ; ; .; ;r_~: "5 ;:.;.':' ~: i : .i :;' -~ j I ~~; ~i j . ~~~ ._. : ! ': ~~ .;~ '.>t, : j ~ ", .:' ~ ~: :.<0 l' t; ," , "~ ;~1~ ' 4~1::~ ! l~; J'~~j~ - ... ;;. ., ~ i 'J ~ ~;:: ~.;~ i p .u:~ i .~ ~~'J <!) 'J) ~ 0 I g8~t1 ~ , -"\""!I"'!"'~<:( :.: . I....~~? I ~~~,t ! .~?;:~ ~ j" 3;;:~:~ ;:..:. ~ ::~. I I I 11YnL. om oN 4b. I 18 I - a - I . ~ q tJ. ~flMINB\.A.; O~N 1. o~ ~ I\lA GIl'J n. ~ I ","':.:. '~--..i-.';:~~').';~--~':';'~";""' :';'c,,', .<~'-.,., ..';t<".?,...,,_'s<::;-~';.;"':_"-" <,:,>...."*'::'~;:...;:.io:,U;j.,,~,.~:_;y,:;::...--:-~__;; .;, ~,~'_.,-.-_:Ji:~,~j';j,;!:"~j:~.:'.~:::.:i;;"~~,::~J,;._"".l "'~;<:.:' <:~.--\.~:.-'t~..,~ ~",,":,;';\"'~"'_.'_:c-;-."'''r:-~!._. " f~~ "!~-<,~.~"\?-,,*._...:::.. f~-""'" "~". '" . ; '~.: ' ~:' ..~.:;'>-~;;.,;'-:y;' ':. ,~~ '-';""',\. ; ~l !r-Y~~' 11.l..I.Z .I i-:.: .... i <'"2 I~.;~ ~ ! "'f-- . ,~ . , :.i'.~.j~ '!~.-J ~ :">- ~ 1 :=~ ,'- ~ I .~ i \:) I -rAA11- ornON .+~: I I W\t>~ ~~t)~ W l'11-\ 1"VP-N L-ANE:? I - ------ - ---- I I- Of-nON 4. ---- --- - - - 11l-A1l- t~\SllN6t ,.!N~?BVllDt--{ I :;iii;~-:;;::w:..~"---'- ...h......______.... ~ I I. I I I I I I I I. I I I I I I I I. I, Highway Administration standards before it can be recommended in the northeast quadrant of the Boutwell Road/CSAH 12 intersection. Additional engineering analyses and cost estimates need to be completed to recommend the best alternative. Boutwell Road The city of Stillwater has scheduled improvements for Boutwell Road to be completed by 2005, including a new 26' roadway and a trail. Storm water management improvements should be completed at the same time. Traffic Analvsis The new Low-density Single Family land use areas proposed in this plan could generate up to 3,445 total daily trips on area roads, if the 120 acres are fully developed at the maximum 3 units per net developable acre. The number of trips would be well within the capacity of existing area roadways, particularly when Manning Avenue (County 15) is upgraded, and planned improvements have been completed to Boutwell Road. County 15 in this area currently carries nearly 14,000 trips on an average weekday. Washington County noted that the combination of new traffic from the Boutwell South Area with new traffic from the Settler's Glen development north of Boutwell may create traffic problems and delays at intersections (Boutwell/Manning and County 121Manning). The County has indicated that a new traffic signal at the County 12/Manning intersection is likely, though no specific plan has been proposed (the project may be constructed in 2006). During discussions related to this plan, the County indicated that it may consider addition of a traffic signal at the Boutwell/County Road 15 intersection as well, subject to the standards of the County's Traffic Signal Ranking System and its cost participation policies. County 15 will be the focus of many of the work and shopping- related trips from the new residential areas. The City will construct a new Frontage Road (extension of Curve Crest Boulevard) from the intersection of County 15 and 62nd Street, parallel to Highway 36, to the Curve Crest intersection at County 5, as development occurs in the area along Highway 36. This will provide a convenient connection for residents from the Settler's Glen and Boutwell South Areas to this retail City of Stillwater-Boutwell South Area Plan 12 I I. I I I I I I I I. I I I I I I I I. I area. (See map Concept Plan for 62nd Street Frontage Road in the Attachments.) Trips that do not use County 15 will be dispersed among other area roadways-primarily Boutwell Road and County 12. The proposed alignment for the Neal Avenue connection to County 12 connects is at a point midway between residential streets to the south, to encourage the use of County 15 and disperse traffic among other streets, rather than creating a direct connection and higher traffic volumes on residential streets to the south. Connection of Neal Avenue at the location recommended in this plan is expected to affect local streets in the area as follows (vs. no Neal connection): . Reduce traffic on Minar, Northland, and Boutwell (east of the proposed Neal extension) . Maryknoll and Deer Path will probably have the same traffic impacts with or without the Neal extension Trails Recommendation 5: Trails should be developed in the study area as shown on Figures 1 and 6, and include the following: . East side of Manning A venue . North side of Boutwell Road . South side of County Road 12 (existing) . Brown's Creek tributaries, connecting with existing trails to the Brown's Creek Open Space site and Long Lake . Proposed Neal Avenue connection. Recommendation 6: An underpass should complete the trail connection under County Road 12 near Northland Avenue. The underpass is proposed to allow a safe crossing to the park and elementary school on the south side of County Road 12. The exact location of the underpass will be determined in the future, and will depend on potential alteration of the grade of County Road 12 and soils in the area. The County has indicated strong support for this underpass (letter dated July 2, 2002). Trails should be physically separated from roadways to provide a safe and pleasant experience for trail users. The route of an historic trolley route from Como Lake in St. Paul to Stillwater is still visible within the study area, and in City of Stillwater-Boutwell South Area Plan 13 I I. I I I I I I I I. I I I I I I I .. I other portions of Washington County. Consideration should be given to preservation and use of this feature, particularly if it can be used to make trail or habitat connections to other areas within the County. City of Stillwater-Boutwell South Area Plan 14 I I. I I I I I I I I. I I I I I I I I. I c. Stormwater Manaaement Recommendation 7: The two existing landlocked depressions within the planning area should be used to provide flood control for the surrounding development and moderate water level fluctuations. Outlets are recommended for both depressions. The City will require developers to provide water quality ponds, use infiltration or filtration strategies, or other feasible management strategies to provide water quality treatment within local development sites and to control volumes and rates of flow to protect the functions of these two regional ponds. Recommendation 8: When Boutwell Road is reconstructed, the roadway and culverts should be constructed as described in the analysis below, to prevent flooding of Boutwell Road. Stormwater Analvsis The Boutwell South Area includes subdistricts S208, S209, and S206 of the Stillwater Drainage District, described in the 1997 Alternative Urban Areawide Review (AUAR). Figure 5 identified the boundaries of these subdistricts. When the AUAR analysis was completed, these subdistricts were proposed to remain in rural residential land uses (1 unit per 2.5 acres) through the year 2015. This plan suggests that portions of the area be designated for Low Density Single Family uses, at a density of up to 3 units per acre. The change in proposed densities requires that the AUAR analysis be reviewed, potential impacts identified, and recommendations developed to avoid or mitigate for potential impacts. The AUAR proposed to avoid impacts of proposed development in the Stillwater Annexation Area by diverting storm water away from Brown's Creek, a state-designated trout stream, to McKusick Lake and a ravine downstream. The diversion system included in the AUAR Mitigation Plan was sized to divert 100 percent of the runoff from events up to a 3- inch, 24-hour event. The recommendations for the Boutwell South Planning Area include the rate control necessary to maintain the storm water management goals of the AUAR Mitigation Plan. Stormwater Analvsis Assumotions During development of this plan, the drainage system for the area was reviewed from a regional perspective. In modeling City of Stillwater-Boutwell South Area Plan 15 West cr~SSi~9J ~... l I I ELEMENTS I . RFACEWATER I AREA-SU I ELL SOUTH PLANNING BOUTW I I - OF STILLWATER · CITY OWG DWG\51001109GIS2. _ I I \51001109\CAD\ 1:\510 L JUNE 2002 600 ) o \ / I '-/ I in feet Sea e 1200 I FIGURE 5 . fl. Bonestroo ~ Rosene -=- Anderlik & 1\]1 Associates & Architects Engineers I I. I I I I I I I Ie I I I I I I I I. I the subwatersheds in the Boutwell South Area, two assumptions were made: 1. Development of the Boutwell South area was assumed to occur at the maximum proposed densities. 2. The contributions of local water quality/quantity ponds or infiltration approaches within local development sites were not included. Only the completed retention ponds in the Public Works Facility have been modeled. Therefore, the results are conservative. Subdistrict S208 Recommendations There are two landlocked depressions within S208. The Tables and accompanying text below summarize the analysis completed to identify impacts to these ponds from the development proposed in the Boutwell South Area. To provide flood control for the surrounding development and moderate water level fluctuation, outlets are recommended for both depressions. The change in proposed land uses (represented by the curve number on the tables) is associated with only a minor change in High Water Level from the existing conditions for the two depressions. This is due to the addition of the outlets. Table 3 provides the summary of the proposed pond characteristics. Regional Pond S-P208.1: The farthest upstream depression, designated S-P208.1, has the following characteristics. . Drainage area = 24.75 acres . Surface area at NWL (903.2' based on 1996 aerial topography) = 0.72 acres. . Estimated existing watershed curve number = 65 . Proposed watershed curve number = 75 . Proposed outlet to be restricted by a 6-inch orifice. . Table 1 provides HWL comparisons between existing and proposed conditions (assuming a starting water surface elevation of 903.2'). Table 1 - Re ional Pond S-P20B.1 Storm Event Existing 24-hour HWL 1- ear 903.9 2- ear 904.3 1 DO-year 907.1 Proposed HWL 904.0 904.3 907.2 City of Stillwater-Boutwell South Area Plan 16 I I. I I I I I I I Ie I I I I I I I I. I Regional Pond S-P208.2: The outlet from regional pond S-P208.1 was routed downstream to depression S-P208.2. The drainage characteristics of S-P208.2 are as follows. . Drainage area = 19.66 acres . Surface area at NWL (896.0' based on 1996 aerial topography) = 0.41 acres . Existing watershed curve number = 65 . Proposed watershed curve number = 75 . Proposed outlet to restricted by an 8-inch orifice . Table 2 provides HWL comparisons between existing and proposed conditions (assuming a starting water surface elevation of 896'). 8 & S P 08 S Proposed HWL 897.3 897.8 901.1 Table 3 - Pond S-P20 .1 - 2 .2 ummar' Pond NWL 100-Year HWL Peak Storage Discharge Volume (acre- (cfs) feet) S-P208. 1 903.2 907.2 1.8 4.9 S-P208.2 896.0 901.1 2.1 5.0 Boutwell Road Recommendations Boutwell Road frequently floods where the road crosses two channels. The road is expected to be rebuilt in the near future due to its age and condition. There are two primary culvert crossings along Boutwell that were evaluated in this study. The west crossing occurs in subdistrict S206, the east crossing in subdistrict S209. The 1997 AUAR Feasibility Study recommended improvements for flood protection at these culvert crossings. These recommendations were re-evaluated and have been revised as discussed below. The revised recommendations were developed to restrict flow rates under Boutwell Road, to provide a system that meets the AUAR mitigation strategy. The Boutwell City of Stillwater-Boutwell South Area Plan 17 I I. I I I I I I I Ie I I I I I I I I. I Road improvements are needed regardless of the potential for redevelopment upstream of Boutwell Road. Boutwell Road East: Boutwell Road east crossing receives flows from its direct drainage area (subdistrict 5209), Long Lake channel, and subdistrict 5208. The proposed culvert is a 36-inch pipe (estimated upstream invert 879:0). The modeled 1 OO-year storm HWL along the road is 883.0', with a peak flow of 53 cis. The existing road elevation of 885.6' provides sufficient freeboard. Boutwell Road West: Boutwell Road west crossing receives flow from subdistrict 5206 and areas in 5tillwater south of C5AH 12 and from the City of Grant (west of Manning Ave.). This road crossing is the most susceptible to flooding due to its low profile at the crossing and insufficient culvert capacity. One 36-inch and two 24-inch culverts at staggered elevations are recommended. The 36-inch outlet is proposed to convey channel flow (estimated upstream invert elevation = 878.5'). The 36-inch culvert will provide rate control for the 3-year and smaller storm events. The two 24-inch outlets with upstream invert elevation of 881.0' will be used only during high flow events. The modeled 100-year storm HWL along the road is 885.6', with a peak flow of 126 cfs. The HWL and peak discharge assumes ponding in Grant as proposed in the AUAR. Without ponding in Grant the HWL will rise to 888.9 feet (unless the road is allowed to flood periodically, though at a lower frequency, or additional culverts are added). The existing road has a low point elevation of 882.9 feet. The road profile will need to be raised to provide flood storage volume upstream of the road, cover over the proposed culverts and freeboard protection for the road. The recommendations for Boutwell Road may be modified when Boutwell Road is reconstructed. As stated previously the recommendations assume a conservative scenario were future local water quantity and quality ponds within the redevelopment areas City of Stillwater-Boutwell South Area Plan 18 I I. I I I, I I I I . I I I I I I I I. I directly draining to the road crossings were not taken into account. Intearation of Storm Water and Circulation Systems The location and design of infrastructure systems in the Boutwell South area provides opportunities to create connections and amenities that will add value to the area. Figure 6 suggests a conceptual design for the Neal Avenue extension and adjacent storm water facilities as a "prairie parkway" that showcases the character of the local landscape, connects wetland and upland habitat patches, and provides areas for storm water management and recreation. The concept design includes the following: . A curved parkway that emphasizes the rolling nature of the landscape, and provides views of the ponds, and upland open space areas. The curves and plantings could be designed to reduce speeds on the parkway. . A wide boulevard along the parkway with groups of trees and wide swales planted with native grasses and wildflowers. The swales may be used to infiltrate storm water runoff from the roadway and adjacent areas. . Ponds planted with native wetland and meadow plants, and preservation of existing wooded areas that serve storm water management and habitat functions. . Open space areas that provide opportunities for passive recreation and casual play. . A recreational trail that connects the proposed trail on Boutwell Road with the existing trail on County Road 12. The proposed underpass for trail connections under County 12 is just west of the proposed parkway. Design elements of the parkway, such as curves and plantings, could be continued along new residential streets in the Boutwell South area, to emphasize the character of the local landscape and give the area a unique signature among Stillwater neighborhoods. D. Sewer and Water Services Recommendation 9: City sewer and water services should be provided to the areas proposed for Single Family land uses in this plan. The areas in the eastern half of the Boutwell South area can be served from existing City services at the current Neal-Boutwell Avenue intersection. City of Stillwater-Boutwell South Area Plan 19 I I. I I I I I I I -- I I I I I I I I. I ~ I ~~-L f~IrY fl4'rJf21~ ?WAW ~D ~~16 q:eN ~Az:e ..-- -II~]-' -- I ~fo~ ~L... V\Nt>az..:f~? .. - Boutwell South Planning Area - Neal Parkway Concept Design Figure 6 ,Jt, 'Bonestrr&iJ({J If B Rossne .. . .. iAoosrlik & IU 1i AssrJaati8s E:nginsef5 & Architscls '. City of Stillwater I I. I I I I I I I -- I I I I I I I I. I Areas in the western half of the Boutwell South area that are proposed for Single Family land uses can be served from existing service lines to the north or south. City service capacity is available to meet demands estimated for the proposed land uses in this area. City of Stillwater-Boutwell South Area Plan 20 I I. I I I I I I I -- I I I I I I I I. I IV. Implementation This plan may be implemented over a decade or more. Timing will be based on landowner interest in selling property in the area, and market demand for development. Steps that will be needed to implement the plan include the following: Land Use . Those proposing development apply for annexation to the City. Proposed developments must be in the form of Planned Unit Developments (PUDs). . If annexation is approved, the property is annexed with Agricultural Preserve zoning designation. . Developer makes an application to re-zone the property. Re-zoning must be approved by the Planning Commission, Joint Board, and City Council. Roadwav. Utilitv and Stormwater Improvements . Proposed Neal Parkway may be developed in phases, based on the timing of development on various parcels in the Boutwell South Area. . City presents proposed Neal Parkway design, including connections to CSAH 12, to the County. The City collaborates with the County to complete final designs. . Public hearing scheduled with area residents to discuss proposed changes to CSAH 12, including median and access changes at Northland Avenue. . County Board must approve connection to CSAH 12. . Boutwell Road and related trail and stormwater improvements completed in 2004-05. This includes reconfiguration of Boutwell/County 12 intersection. . Regional ponds and local storm water management strategies are designed as part of the PUD process, and implemented as development occurs. . County completes improvements to County Road 15 beginning in 2006. Trails . Trails are completed as development occurs. The City and County may participate in development of some trails and in completion of the underpass at County Road 12. City of Stillwater-Boutwell South Area Plan 21 ~ - 1\]1 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E.. Marvin L. Sorvala, P.E.. Glenn R. Cook, P.E.. Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E.. Joseph C. Anderlik, P.E.. Richard E. Turner, P.E. . Susan M. Eberlin, C.PA Associate Principals: Keith A. Gordon, P.E.. Robert R. Pfefferle, P.E.. Richard W. Foster, P.E. . David O. Loskota, P.E. . Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderso'n, P.E.. Mark R. Rolfs, P.E.. David A. Bonestroo, M.B.A.. Sidney P. Williamson, P.E., L.S. . Agnes M. Ring, M.B.A.. Allan Rick Schmidt, P.E.. Thomas W. Peterson, P.E.. James R. Malanll,P.E.. Miles B. Jensen, P.E.. L. Phillip Gravel III, P.E." Daniel J. Edgerton, P.E. . Ismael Martinez, P.E.. Thomas A. Syfko, P.E.. Sheldon J. Johnson. Dale A. Grove, P.E.. Thomas A. Roushar, P.E.. Robert J. Devery, P.E. Offices: 51. Paul, 51. Cloud, Rochester and Willmar, MN . Milwaukee, WI . Chicago, IL Website: www.bonestroo.com Engineers & Architects MEMORANDUM TO: Steve Russell Community Development Director Sheldon J. JOhns~rv June 28, 2002 FROM: DATE: RE: Settlers Glen - Neal A venue Extension Project 510-01-109 Neal A venue is being proposed for extension from Boutwell to County Road 12, through the Boutwell planning area, The extension is proposed to intersect with County Road 12 between the existing County Road 12 intersections with Northland Avenue and MaryKnoll Drive. The City Planning Commission has raised questions regarding this extension and how it may relate to traffic generated by the Settlers Glen housing development on the following streets: . Manning Avenue . Boutwell . MaryKnoll Drive . Northland A venue . Deer Path . Minar A venue The Settlers Glen development will provide 220 single-family residential units and 160 town home units. Directional distribution of trips generated by the development, at build out, is that provided in a previous anaiysis of the project. The development will generate approximately 3,000 vehicle trips per day (1,500 in; 1,500 out). The assumed directional distribution is generally as follows: . 55 percent to the Metro area to the east 20 percent to the south to the commercial area along Highway 36 east of TH5 5 percent south on County Road 5 15 percent to the east to Stillwater destinations 5 percent to the north . . . . 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 I I. I I I I I I I . I I I I I I I I. I Given the above assumptions, an assignment of Settler's Glen generated trips has been conducted. The traffic assignment is shown on the attached graphic. The volumes shown are two-way daily volume estimates. Washington County has recently conducted some volume counts on many of the area roadways.. The results of these 24-hour counts are shown on the attached graphic. From the information on the graphics the following points can be noted: . Northland, MaryKnoll, Deer Path, and Minar will all experience s~me increase in traffic as generated froin the build-out of Settlers Glen. These increases should not create any capacity problems along these roadways. . The Neal Extension from Boutwell to County 12 will be beneficial in reducing traffic along Minar, Northland and Boutwell from County 12 to extended Neal. Without the extension, the volumes generated by Settlers Glen would be even greater along those three roadways. MaryKnoll would probably be impacted to the same degree with or without the Neal Extension. . The additional volumes on Deer Path would probably be greater without a Neal extension, but the difference would no.t be substantial. · The segment of Boutwell, from County 12 to the connection with the Neal extension, will benefit greatly from the provision of that roadway. The 2,400 daily vehicles on Boutwell would be reduced by half and maybe even more. · The Neal extension, and its intersection location, will help to disperse traffiC over a series of roadways south of County 12 rather than increasing traffic loads a substantial volume on one roadway. , Attachment 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311. I I. I I I I I I I -- I I I I I I I I. I ~t 1rJ<::. K /liS Ie l(. ~ ~t ... < .J ~ ct; <:C. \.l.l ~ Z. 8f2Jt..D. ~ )5/1 c.R..}2. \J) l' .-- ~. ~t: ~ ~. If' N /20 J ~/ ~/~ I , \ N 07e: Vc1LUme...s ~ 7 W IJ - WP..., Din L 1 ':.57) Th ffTfs ~ .~ ::i ...... "lI < ~ ~ <:! <t ~ 7 fG.AfplC.. ~ 13N1JfG~F.D . B I( g 1:TT L.. C 12...5 ~ if- e AJ D 13Y 13 J..tJp ~ NT I I I. I I I I I I I . I I I I I I I I. I Client: Page: , Project: Proj. No: Calculations For: Prepared By: Date: T Reviewed By: Date: ~ f1 ~ Bonestroo ..t:JI Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architecu lJropo '~d (1)~ { f'f., TV! >r'D ~ {)SI"J 3.5' irI+ of. e.Je. Cl"cl 3.5' kt of pbj'e,--t, I.rn.t"l"j +Jt.c...h)r i sf/" L ve.rf,~~1 sljht J;s.h~tlc.t. +-6 ~e.. ~f I .,b/l.d f.;Jl' ;.Vifh fhe.. e.xis-/-r't''j ~ I IJ VI M Vlt. (So J ri ver iF I 'It (lJe.,,/ vJD,;f) h, ,,~II!.. h> H:!. dr"" 'J tJ" .w. 'l. "ff rO(J,h:('j .(."'Nl H..t.. tA$/- 62,''''VA, 4",J v"'G. tlv:S"I) F,Y' C~/Y1pf{rl'sOt'\ I rJ~rJ{"'ofl Pr\o-.D.$ Itl/e.,.';",',-ql J~J...+ J"SfLfML ()t- ({bovf 1.!Jt)' J" h/l~ the. tA!>i '111) +t,t..o~~4:~tovSifIJJt..e. )~,' ht. ~ 1011 If) 0 T ROllld 50 Il'lfh ~ 5" ,." ph ~o ';"" h ; ...;:. 3 5", h '.~'.". .0." 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J4-0fP'.~; ~~.. ),sf....'~1 1I~~+.gf\ +:.;i!.~, ;I,.J ,,~~,/~1:t jl"e.~J. /\1\1\,)-0 I \ Itll /./' 1\ A,' .).. /./' H/"1),11 ~ i:'."V ",,",S!,,;I S:ji'l 71~r"M_e p.- r.t-.i ,>~lIv'e: ff 1"1i\-t!. jt!f .1:f.'~!!P,)t').:.e../~'/h;~o1 'S ;,", ;i;'.. O!;:',iJ~..~ ~ ~.;'.~J. 'I -y 1M ;0 0/"' ~ ~ L. t-9 M) f- 3 .;.~ ~ 4ppf'Ot:l.t."h Ie..S5 -fha.1'": LJ~(~+ ~1\e...5e. \}.dJe.:. ~r~ ;?(' p,,~Si2-"jtll' 'h~,Je.$ ".(\1 tI)Sy"...,L. 3f'l1hs (I,... (f)~')I=/I()!{ PI' all) ~ prPfPY) (V!'1( t.'(;"~~:'1/ ~{!!- :t: 3t . ~ I I. I I I I I I I -- I I I I I I I I. I Virginia S. Chace I Administrative Services Division Ma'l"ger Larry S. Nybedc. Pls.county Su=1 Deputy Director, Survey and land Management Division WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOP_MENT --....... ... . 11660 MYERON ROAD NORTH. s..TIL.L..w.~TER,;MINNESOTA '.55082-9573 651-430-4300 acsiJX!i1~Ml3chine. 651-430-4350 1'\ \!.$' "'.. .". \ <) 1 2001. \ j\Jl t.J \ \ O....f.~fi.. . \ nOO 8t. '. ..... \3Ci.\f,.$1 '~S~'iJ~~\;r\'fj.l:;'':'" .' ~fL'.':'::~'~;:''-::'"- .---.. MaNin Erickson Facilities Manager Donald C. Wisniewski, P.E. Director Donald J. Theisen. P.E. Deputy DiredorlCounty Engineer James D.luger, RLA Paries Director July 29, 2002 Steve Russell Community Development Director City of Stillwater 216 N. 4th St. Stillwater, MN 55082 BOUTWELL SOUTH AREA PLAN Dear Steve: We appreciate your, K1ayton's, and the City's consultants' time in meeting with us on July 23rd to discuss the Draft Boutwell South Area Plan Draft Report. With the Stillwater City and Township Joint Board's approval of the Draft Report on July 24th, we want to provide you with our comments on this report and the recommended Neal Avenue alignment as the City Council considers final approval. This area has several challenges for providing a local road system that works with our County highway system. These include vertical grades, current City street spacing, current traffic pattems and their affect on neighborhoods, and adjacent properties that will develop in different timeframes. We all know that traffic on City streets and along County State Aid Highway 12 (CSAH 12) will only increase with time. While neither the amount nor the pace of this increase is exactly known, planning for this increase in this difficult area is needed. . The County's investment in access control when CSAH 12 was constructed in the mid-seventies was a step to assist in the future planning of developments. The existing access openings on the north side of CSAH 12 are generally 30 feet wide and, therefore, do not accommodate a City street. There is no access opening that aligns with the proposed Neal Avenue connection. Any changes to this access control will require County Board approval. We appreciate that the proposed alignment of Neal Avenue addresses some local concems. However, transferring or creating problems on the regional highway system to address local concems is not reasonable. We know from our experience in operating our highway system that the proposed location for connecting Neal Avenue to CSAH 12 will create operational problems on.the County highway. There simply is not enough length between the adjacent intersections (Northland Avenue and Maryknoll Drive) to develop appropriate left turn lanes. It would be irresponsible for us to allow construction of an intersection that will create a situation that affects the safety of current and future highway users. While further analysis is needed, the proposed Neal Avenue connection location may be acceptable if Northland Avenue and possibly Maryknoll Drive are restricted to right-in/right-out movement only. This would require a raised median on CSAH 12. The County does not have any project programmed or funds available in the current Capital Improvement Program for this work. We would expect that the development creating the need for this improvement would bear the cost of the needed work. I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I -- I I I I I I I I. I WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 James D. Luger. RLA Parks Director Donaid C. Wisniewski. P.E. Director Donald J. Theisen, P.E. Deputy Director/County Engineer Virginia S. Chace Administrative Services Division Manrger Larry S. Nybeck. PL5-County Surveyo~ Deputy Director. Survey and Land I Management Division Marvin Erickson Facilities Manager August 23,2002 Sherri Buss BRAA, Inc. 2335 W. Highway 36 St. Paul, MN 55113 BOUTWELL SOUTH AREA PLAN: DRAFT REPORT- AUGUST 2002 Dear Sherri: . . We have reviewed the latest draft of the Boutwell South area Plan and generally feel that it fairly represents the County's positions. We do have several comments: . Section II. Existing Conditions and Issues, Roadways, Streets, and Trails- Manning Avenue- We suggest changing the term "stoplight" to "traffic signal". The reference to a temporary traffic signal at the Boutwell/Manning intersection could be misconstrued- it is too late t6 add that to the tum lane project, but one could be considered at that intersection if signal warrants are met. We plan to add that intersection to our Traffic Signal Ranking System but would not ordinarily install a signal until the conditions at the intersection place it in a position in the rankings to get funding. At that time a signal would be installed in accordance with our cost participation policies. Realistically, it could be many years before this intersection would rise high enough in the rankings to be funded. Also, the last sentence in the Manning Avenue section contains a typo and it could be c1earer- the earliest that we could get federal funding for an upgrade of Manning Avenue north of CSAH 12 is 2008. . Section II. Existing Conditions and Issues, Existing Traffic- The frustration expressed by local residents about poor circulation and about increased traffic on Northland and Maryknoll illustrates a classic sense of frustration of residents in growing areas- they can't have it both ways. Good circulation will, in most cases, increase traffic. Nevertheless, we do not feel that aligning a Neal Avenue connection to CSAH 12 with either Northland or Maryknoll will lead to significant cut-through traffic- the routes are simply too circuitous. We feel that it is necessary to align Neal Avenue with an existing street to create a safe intersection. Our collective opinion is that nearly all of the drivers wishing to go to the commercial areas around County Road 5 and Highway 36 will use Deer Path as a cut-through route as drivers are doing today. We feel that development of the Boutwell South area will increase traffic on Deer Path significantly because that is the shortest, most direct route and that drivers will not choose Maryknoll or Northland because they are longer and less direct. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- As we have discussed, since the right of I I I I I I I I I i I I I I I I I I I I I I I I , I I I I I. I I I I I I I Ie I I I I I I I .. I Page two Letter to Sherri Buss - Boutwell August23,2002 way of CSAH 12 includes access control, approval of the County Board is required for any connection to be made in the access controlled portion. Our discussions of medians centered on raised medians creating a physical barrier to prohibited turning movements and, therefore, being the only way to enforce 'right-inlright-out" restrictions. It would be difficult and very expensive to design medians that effectively limit movements and allow a safe location for the inevitable U-turns that will occur. Moreover, the restriction of Northland, Maryknoll, or both to right-in/right-out movements would likely be very unpopular with the residents of those streets. Under some conditions, we might be able to recommend a plan such as this to the Board, but we feel that lining the Neal Avenue connection up with either Northland or Maryknoll is very important. Under any circumstance, we could not allow restriction of the streets to the south without a public hearing. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- The comments on lowered speed limits in this section are speculative and may give residents who view speeds as too high a false sense that development along CSAH 12 will lower the speed limit when that is rarely the case. In any event, lowered speed limits do not correlate to increased access. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 3: Neal Avenue should be extended to County Road 12 midway between Northland and Maryknoll Avenues.- The City's recommendations for the recommended Neal Avenue alignment are illogical: Access to collector roads would be better if intersections with the arterial road (CSAH 12) were consolidated at fewer intersections. This plan does not consolidate access; it spreads it out to more locations than necessary and more than can safely be accommodated. Fewer intersections along the arterial would reduce the number of turning movements necessary to get on and off of the arterial and the intersections could be controlled with traffic signals or all-way stop signs, if necessary. The recommended alignment will result in more intersections, none of them easily controlled. The mid-point location of Neal Avenue would not necessarily spread traffic among the residential streets to the south since few of them offer a direct route anywhere- it would likely perpetuate the already contentious cut-through traffic on Deer Path. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- The comments on traffic signals at the CSAH 12/15 intersection and at the CSAH 15/Boutwell intersection should be clarified: It is highly likely that the reconstruction plans for CSAH 15 will include a traffic signal at CSAH 12, but nothing specific has yet been proposed. It is certainly an option and very likely, but at this time, there are no plans. A signal at CSAH 15/Boutwell intersection is a possibility, but it would be treated as all other County road intersections are- it would be subject to the standards of the County's Traffic Signal Ranking System and our cost participation policies. . Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- We disagree somewhat with the wording of the section that states that, "The proposed alignment for the Neal Avenue connection to County 12 at a point midway between residential streets to the south, to encourage the use of County 15 and disperse traffic among other streets, rather than creating a direct connection and higher I I I )CI I , I I I I I I I I I I I. I I I I I I I . I I I I I I I I. I Page three Letter to Sherri Buss - Boutwell August23,2002 I I I I I I I I traffic volumes on residential streets to the south." This sentence is grammatically unclear and suggests that drivers will continue south through any street that lines up with Neal Avenue, whether it is a direct route to any destination or not. Very few drivers will cut through residential areas unless they find that it is a quicker route to their destination. Neither Northland nor Maryknoll is an efficient route to anywhere but the residential areas that surround them. · Section IV. Recommendations for the Boutwell South Planning Area B. Roadways, Recommendation 4: The Boutwell-County Road 12 intersection should be modified to improve safety. Traffic Analysis- The final bullet in this section contains a typo and we also disagree with its content. We feel that development of the Boutwell South area will have minimal traffic impact on Maryknoll Avenue and Northland Avenue, but will perpetuate the pattem of.drivers using Deer Path as a cut-through route. We appreciate your efforts to include our comments in the report. I hope that these comments clarify the County's positions. Please call me at 651-430-4312 if you have any questions or comments. Sincerely, c1c:K ;;;{~ \Je!sePh Lux Senior Transportation Planner c: Steve Russell, Stillwater Community Development Director Klayton Eckles, Stillwater City Engineer Don Theisen, County EngineerfTransportation Division Director Wally Abrahamson Washington County Commissioner, District 3 Jim Schug, Washington County Administrator M:\USERSIPW\JFLUx\WORDIpIaI Review- Stillwaler\Boutwell South August 2002 Drafldoc " I . . I I. I I I I I I I ..a. ! .. 11), I I I I I I I I. I I 1'--1. i 5 t .~ t. '---- 100 YR. STORM SEWER PIPE AND OVERFLOW CHANNEL iio i i. . , I . I .. ~~..~.... I ~ .~~, ~-, I .~, : ;~~P~i~~~~~~~T \~ I .~~,. OPTION 3 - ..... _.__~.__-..J..""""L~""'-'-'--~-' .-_.",...-,~ -----. . .----,._--~.._..."'.._- ~.....~~-- .-. ..-----'.-. ..."'-~""-_.~ -. . HIGHWAY 36 STillWATER, MN NORTH 62ND PLANNING AREA CONCEPT PLANS ~ Bonestroo -=::II Rosene ~ Anderlik & . \J. Associates Engineers & Architects I I. I qt>-no N 4. I I. 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LOg 00 , '~,I / / >".";:~~~"I:~'-;:~: _i* i / I I / j 01T1jeN 3. --- ; , : ; ~:.::'7.. . .~..____J...~___.__ .:~-~:..~ I I. I I I I I. I I Ie I I I I I I I I. I ~~' ! ~~i - I ~I ! ': --:s- l ! i...w Z l i l-: _ i i.::.t. '2 i !.i.!~~~i j r.~5 ; oliU'~! i \$ - I Of11bkJ I ;' ...- ,- -~,... . --.-.... --..---- 2.. -........-.-.--.-.- .~:.:..:~.:.:~:._-_.,.,; I I. I I I I I I I I. I I I I I I I ." I hU~ a:~<~ ~ ~. I~~~' ~..... l~ ; ~ .,~~ ~ ,. i I ..".",,, ".".".. / ",""^,"'."" "".,." ~,.. i i I I / arn/ON~ 1- I · i / I ::.:.:=.:.:=:=::::::-~...,_.... 'Steve Russell '#~. From: Sent: To: .Ubject: Mark Vierling [mvierling@eckberglammers.com} Tuesday, September 17, 2002 11 :09 AM Steve Russell Boutwell South Planning Area-PH 9.17.02 Dear Mr. Russell, As my schedule does not permit my attending the public heating on this matter I am taking this opportunity to forward my comments to the plan in writing. Having reviewed a copy of the report as prepared by Bonestroo, Anderlik, Rosene et al. in your offices I note the following in the plan. 1. Neal Avenue extension to CSAH 12 (Myrtle St) The proposal has the extension offset away from Northland Ave to the east presumably to avoid encouraging traffic into the Croixwood neighborhoods from southbound Neal Ave traffic. To me it is unlikely that anyone intending to proceed further south would travel through the Croixwood neighborhoods as the number of required stops, turns and street changes is far more cumbersome than simply traveling east to Deerpath and connecting to Olive St. ( CASH 5). As such I don't see that concern being fulfilled. I am concerned that the proposed connection of Neal at Myrtle will be on a descending slope to the west (much like the Boutwell connection at Myrtl~). Anyone regularly traveling out on Boutwell at Myrtle can attest .to the cars cresting the hill at 55mph plus and being on your bumper as you enter the Myrtle lanes of traffic. I hope sufficient engineering detail to traffic counts on Myrtle, sight lines and distance away from the crest of the hill has been given. 2. Pedestrian Pathways. The public now uses Boutwelll extensivelY for walking an~it is considerably dangerous, especially in the early morning and later in the evening. The concept of locating additional pathways is valuable. I am oncerned however that the proposed location of a pathway along Boutwell from Myrtle to Manning will be considerably difficult given grades and lack of areas to easily locate the pathways. Focus or prioritization of establishing those pathways in a north-south corridor may redirect some if not most of that traffic on lands where it will be easier and more economical to locate and direct that traffic. No matter when those paths are constructed I hope that they will be done well as an amenity both to the public and the adjacent landowners with reasonable landscaping and plantings. Additionally working with those adjacent landowners may afford opportunities to locate and maintain pla,ntings and landscaping that will be appreciated by all including the city p~blic works/parks staff. Also I assume that actual implementation of the plan will be delayed in areas located in the township until those are~s have been annexed? i i 3. Stormwater. I The projections on stormwater volumes and movements are premised on projections that appear to me moderate but not conservative. Of course this has been a very wet year and stormwater iflows have been consistently high so far. Notwithstanding yearly variables flows to the west of my property have been constant for the past several yeard additional development in this area and along Long Lake will certainly incr~ase future flows. Thanks for taking the time to consider this. ! Mark Vierling 12880 Boutwell rd No. Stillwater, MN . 1 . . .s h Lrr w F4 . _ Attention: Residents of Deerpath rY IlL- 1v 3r.r I'} / / The City of Stillwater is planning to add significantly more traffic on Deerpath. It is not too late to stop it. There is a public hearing on the issue at the Stillwater Council meeting on Sept 17. Although the city has ~cided not to notify the residents of Deerpath of this meeting, it is your right to can be heard at this m~eting. , Stillwater Planning Commission is recommending approval by the Stillwater City Council at the Sept 17m meeting ofa land use proposal to change the area between Boutwell and Cr 12 just west of Deerpath known as "South &utw U" to allow 3 units per acre urban development versus the current rural residential of 1 wtit per two acres. / / / / /. (joc,,-, I f:" 'ole fJJ>o< .////'///7 \ CQI2.. ~- - L~ovf-l bOV--\LV~((Y(~~\~Are.:. If _ til'..:J+L { Ue ~ rP'" n. An engineering study estimates that 3400 new trips daily if the 120 acres is developed at the urbatl density of3 units per acre. Due to the proximity of the "South Boutwell" area to Deerpath, this will result in significant additional traffic to Cub and Target through Deerpath. The Planning Commission believes that this will not impact Deerpath and does not want to alert the Deerpath neighborhood. This is not reality - it will have an increase. This area is not scheduled to be annexed to the city and developed until 2015. However, a developer has purchased the property and, with full cooperation of the city, is trying to make this happen much sooner. (The City bas even accepted money from the developer for the engineering study to speed the process.) The first step being reviewed at the council meeting on the 1 th is the land use change from rural to urban density. If the land use is changed to urban density at the council meeting: it will set up a process to have the land quickly be rezoned, annexed and developed. ~ traffic will follow. What tan you do to prevent the additional traffic on Deerpath? 7' Attend tbe Council meeting and conta~t your city officials 1. Demand to see the dab tbat proves there will be no increase in traffic on Deerpath. 2. Let the city know you want tbe land use for tbe Soutb Boutwell area be maintained at rural levels to minimize traffic impact on Deerpath. oJ" Attend the City Council meeting (Sept 17) -- Agenda topic "South Boutwell" ~ Contact key city officials Stillwater City Hall 216 N Fourth Street Stillwater. Minnesota 55082 651) 430-8800 · Steve Russell, Development Director 430-8820 · Robert Hultman. C}l.air of the Planning Commission · Mayor Kimbell 2..~ · Deerpath City Council representatives (Deerpaif} is divided between two wards) 1. 'Nard 2 - John Reinberger ' 2. Ward 3 - Wally Milbrandt .. This can be stopped, but input from tbe residents of Deerpath is critical. If the Ci.ty approv.es the urban densiQ and use, it will lead to quick development and traffic. It is an election year and your l'oice wiD have impact. . . . September 12, 2002 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Duane Laabs, Supervisors Ken LaBoda, Jim Doriott and Sheila-Marie Untiedt. Also, Attorney Tom Scott, Engineer Paul Pearson, Treasurers Warren Erickson and Gloria Sell. 1. AGENDA - M/S/P Doriott/Untiedt moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M/S/P Untiedt/Doriott moved to approve the 8/22/02 Stillwater town board meeting minutes as written. (3 ayes) M/S/P Untiedt/Doriott moved to approve the 9/5/02 treasurer interview meeting minutes as written. (3 ayes) 3. TREASURER - 1. New treasurer Gloria Sell was introduced. 2. Checks #15898 thru #15941 were approved for payment. 4. ATTORNEY - 1. Tom Scott will review Washington County's and Oakdale's polices for non-traditional expenditures and come up with parameters for the township to follow. 2. M/S/P Untiedt/Doriott moved to approve the Marine WAMO resolution dated 9/12/02 that incorporates an orphan piece of land into the WAMO. (3 ayes) 3. Duane Laabs will talk to Ann Terwedo about the pine trees planted by the Rydeen tower. Spruce trees were specified in the agreement. Ken LaBoda arrived 7:50 p.m. 4.M/S/P Untiedt/Doriott moved to approve the certificate of compliance for Happy Thomsen subject to Theresa Greenfield's letter and a size limit for the new garage of 800 square feet. (4 ayes) 5. ENGINEER - 1. The engineer discussed information re: Stonebridge Trail in preparation for the speed limit informational meeting on September 18, 2002. 6. TOWN HALL LANDSCAPING - 1. M/S/P LaBoda/Untiedt moved to approve payment of $750.00 to Fuhr Trenching for landscaping preparation work around the town hall which includes rough grading, 9 tons of river rock, and underlayment. (all prior to September 21, 2002.) (4 ayes) 2. Duane Laabs signed the agreement for the eagle scout landscaping project at the town hall. Stillwater Town Board Meeting - 9/12/02 Page Two 3. The clerk will set up a charge account with Buell's for the $1,720.51 worth of plants and soil. M/S/P Untiedt/LaBoda authorized payment of up to $558.86 to Linders, $49.88 to Menards for supplies and not more than $120.00 for refreshments. (4 ayes) . 4. 7. PARK PLAN EXPENSES - 1. M/s/p Untiedt/LaBoda moved to spend an extra $2,400.00 to Mantyla for time and materials to install water lines to the new spring loaded drinking fountain. (4 ayes) 2. M/s/p Untiedt/LaBoda moved to spend $2,000.00 for a privacy fence to surround a handicap restroom facility (41 feet around 8 feet high.) (4 ayes) 3. M/S/P Doriott/Untiedt moved up to $1,250.00 to Ken Rudeen to touch up landscape, grade and seed, irrigation work, if necessary, install and assemble equipment, (tables, 2 benches, old bench) and purchase two grilles. (3 ayes, LaBoda abstain) M/S/P LaBoda/Untiedt move not to exceed $2,300.00 to hydroseed 140 square yards (to include the town hall area). (4 ayes) 8. SPRINGBORN PARKING - Cars are being parked on the Springborn property again. Steve Nelson is to be notified. Signs on Pawnee are down. 9. ADJOURNMENT - Meeting adjourned at 9:10 p.m. . Clerk Chairperson Approved . . . . AUG-13-02 07:49 AM DELTA-SIERRA/DUPRE 612 439 7688 P.01 BAYTOWN TOWNSHIP 4420 ODEGARD AVE N. SnllWATER, MN 55082 651-430.4992 Fax: 430-4986 February 4, 200 I L. V {-It! 't/5otl / ft,;y?, (;2./ . ~ ~ It'17 Chairman, Charles Nichols Metropolitan Airports Commission Minneapolis-Saint Paullntemational Airport 6040 - 28th Ave. S. Minneapolis,:MN 55450-2799 Re: Lake Elmo Airport D~ar Chainnan Nichols: It has come to our attention that members and users of Lake Elmo Airport are pursuing changing the name of that Airport to St. Croix Valley Airport. This letter is to inform you that the Baytown Board of Supervisors gives our affirmation to this change. Sincerely, .. ;f ~ .d .i'>:J ;!j/ - e (.-# Kent Grandlicnard Chairman KG/ph LOCATION:612 439 7688 RX TIME 08/13 '02 08:11 . ..-..-.......- . ' . . . MEMORANDUM TO: Mayor and City Council 5~ FROM: Shawn Sanders, Assistant City Engineer DATE: September 13, 2002 RE: McKusick Ravine Storm Sewer/ Trail Improvements- Project 2002-04A McKusick Lake Diversion Improvements- Project 2002-04B McKusick Lake Boardwalk Improvements- Project 2002-04C DISCUSSION Bids were opened for the projects stated above on Tuesday, September 10, 2002. The low bidder for the Storm Sewer/Trail Improvements and the Diversion Improvements was M.J. Raleigh Trucking, Inc. with bids of $997,353.15 and $412,385.00. Bidders for the Boardwalk Improvements were given the option of a stationary or a floating boardwalk. It is felt that a stationary boardwalk is more desirable. The low bidder for the stationary boardwalk isVeit and Company with a bid of $148,580.00. The Engineers Estimate for the entire project was $1,662,000.00 and the total of the three projects amount to $1,558,318.15. RECOMMENDATION It is recommended that Council approve the bids for the above mentioned projects and award the following projects: McKusick Ravine Storm Sewer/ Trail Improvements- Project 2002-04A to M.J. Raleigh Trucking, Inc. with a low bid of$997,353.15, McKusick Lake Diversion Improvements- Project 2002-04B to MJ. Raleigh Trucking, Inc. with a low bid of$412,385.00 and McKusick Lake Boardwalk Improvements- Project 2002-04C to Veitand Company with a bid of$148,580.00. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2002- ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK RAVINE STORM SEWERlTRAIL IMPROVEMENTS PROJECT 2002-04A, Resolution 2002- ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK LAKE DIVERSION IMPROVEMENTS PROJECT 2002-04B, and Resolution 2002- ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK BOARDWALK IMPROVEMENTS PROJECT 2002-04C , :" ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK RAVINE STORM SEWERffRAIL IMPROVEMENT PROJECT (Project 2002-04A) . WHEREAS, pursuant to an advertisement for bids for the McKusick Lake Diversion Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT M.J. Raleigh Trucking, Inc., Stillwater, Minnesota $997,353.15 Richard Knutson, Inc., Savage, Minnesota $1,021,432.60 Imperial Developers, Inc., Eagan, Minnesota $1,103,668.60 Three Rivers Construction Inc., Lakeland, Minnesota $1,217,952.75 Veit & Company, Inc., Rogers, Minnesota $1,289,264.24 and WHEREAS, it appears that M. J. Raleigh Trucking, Inc. of Stillwater, Minnesota is the lowest . responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with M .J. Raleigh Trucking, Inc of Stillwater, Minnesota in the name of the City of Stillwater for the storm sewer/trail improvements according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 1 ih day of September 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . ~ . ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK LAKE DIVERSION IMPROVEMENT PROJECT (Project 2002-04B) WHEREAS, pursuant to an advertisement for bids for the McKusick Lake Diversion Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT MJ. Raleigh Trucking, Inc., Stillwater, Minnesota $412,385.00 $447,965.50 $461,076.35 Veit & Company, Inc., Rogers, Minnesota Imperial Developers, Inc., Eagan, Minnesota and WHEREAS, it appears that M. J. Raleigh Trucking, Inc. of Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with M .J. Raleigh Trucking, Inc of Stillwater, Minnesota in the name of the City of Stillwater for the improvements of the lake diversion according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 1 ih day of September 2002. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . ... ACCEPTING BID AND AWARDING CONTRACT FOR MCKUSICK LAKE BOARDWALK IMPROVEMENT PROJECr (project 2002-04C) . WHEREAS, pursuant to an advertisement for bids for the McKusick Lake Diversion Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Veit & Company, Inc, Rogers, Minnesota $148,580.00 Jay Brothers, Inc, Forest Lake, Minnesota $188,035.00 Monette Construction Co Inc, Little Canada, Minnesota $216,700.00 ENGINEER'S ESTIMATE $172,000.00 and WHEREAS, it appears that Veit & Company, Inc. of Rogers, Minnesota is the lowest responsible bidder. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Veit & Company, Inc. of Rogers, Minnesota in the name of the City of Stillwater for the construction of a stationary boardwalk according to the plans and specifications therefore approved by the City Council and on file in the office ofthe City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 17th day of September 2002. Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . MAGNUSONLAWFmM . 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 TO: FROM: Larry D. Hansen, City Administrator Steve Russell, Community Development Director Klayton Eckles, City Engineer Tim Thompson, Parks Director David T. Magnuson, City Attorney ~ V August 21, 2002 DATE: RE: Dog and Park Regulations . At last night's meeting, the Council directed us to review regulations regarding dogs in parks and this memo is to summarize the rules as they now exist and to provide some options for clarification. The existing regulations are piecemeal. The chapter in our Code dealing with dogs provides as follows: "Section 21-1, subd. 5. No animal shall be allowed to run at large." "Subd. 7. It is unlawful for any owner to suffer or permit an animal to defecate on public property or the private property of another without immediately removing the excrement and disposing of it in a sanitary manner." "Subd. 6. It is the obligation of an owner to prevent animals from committing a nuisance. A nuisance is (among other things) habitually bark or cry at night, or to frequent schoolyards, parks or beaches." There is nothing specific in the Nuisance Ordinance except a general statement that no . persons shall defile or commit nuisance on public property, however~ this is not specific enough for us to use. Chapter 48-2 dealing with the use of Parks contains regulations preventing the destruction of property, regulating parking, speed, open fires, swimming or wading, but contains no mention of pets. If we would like to clarify matters, we should add a new subdivision to the Park Ordinance Chapter 48-2, subd. 7. The first option would read as follows: Alternative 1: Subd. 7. Dogs, animals or pets are not permitted in any public park. Alternative 2: Subd. 7. It is unlawful for any owner to allow a pet or dog to be upon any park property, unless the animal is restrained by leash or other control device and the owner has in possession a bag or other receptacle for the collection and disposal of the animal's excrement and the owner immediately collects any feces or excrements in a bag and disposes of it in a sanitary manner. It seems to me, for what it's worth, that the second alternative would be more in keeping with public sentiment, but of course, this is a matter for the Council to determine. Please let me know whether you have any thoughts. Yours very truly, David T. Magnuson Inm 2 . . . 7P ~I ~M . MelTIorandlU11 To: From: Larry Hansen, City Administrator tf1 . / Steve Russell, Community Development Director f' V August 27, 2002 Date: Subject: Regulation of Dogs in City Parks The Parks Board reviewed the memo from the City Attorney and the city's policy regarding dogs in parks. They felt that dogs would be allowed in the park on a 6 foot leash under control of the owner or in a cage or travel container. If you have any questions, please contact me. . . . . . RESOLUTION MAKING CERTAIN FINDINGS WITH RESPECT TO SUBSTANDARD BUILDINGS (TERRITORIAL PRISON PROJECT) WHEREAS, the City of Stillwater, Minnesota (the "City") is owner of Lot 1, Territorial Prison addition, according to the plat thereof (the "Parcel") and has reached a preliminary agreement with Territorial Place, LLC, a Minnesota limited liability company, (the "Developer") to undertake a redevelopment project in the City of Stillwater (the "Redevelopment Project"); WHEREAS, the Redevelopment Project involves the construction of condominium housing facility and mixed use retail buildings by the Developer; WHEREAS, the City intends to assist the Redevelopment Project with tax increment financing and intends to create a tax increment financing district including the Parcel as a "redevelopment district" and include the Parcel in a new tax increment district to be known as Tax Increment District No. 10; WHEREAS, a catastrophic fire has occurred at the Historical Prison buildings located on the Parcel and the dangerous condition of the remaining portion of the buildings creates a health and safety concern necessitating the demolition of the part of buildings prior to the creation of a tax increment financing district; WHEREAS, Minnesota Statutes, Sections 469.174 to 469.179 (the "Tax Increment Act") provides that an City may create a tax increment financing district (a "TIF District") as a "redevelopment district" if the City finds by resolution that that parcels consisting of 70% of the area of the TIF District are occupied by buildings, streets, utilities or other improvements, and more than 50% of the buildings, not including out buildings, are structurally substandard to a degree requiring substantial renovation or clearance; WHEREAS, Minn. Stat., ~469.174, subd. lO(d), provides, among other things, that a parcel may be deemed to be occupied by a structurally substandard building if (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the TIF District with the county auditor; (2) the substandard building was demolished or removed by the City, the demolition or removal was financed by the City or was done by a developer under a development agreement with the City; and (3) the City found by resolution, before the demolition or removal, that the parcel was occupied by a structurally substandard building and that after demolition and clearance the City intended to include the parcel within the district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. At least 15% of the area of the Parcel is occupied by the fire damaged buildings or other buildings, structures, utilities or other improvements. 2. The buildings are "structurally substandard" within the meaning of Minn. Stat., 9469.174, subd. 10. The reasons and supporting facts for this determination are on file with the . staff of the City. 3. The City intends to demolish all or part of the buildings remaining after the fire. The City intends to subsequently include the Parcel in a redevelopment tax increment district established pursuant to Minn. Stat., 9469.174, subd. 10, which TIF District, if established, shall be established within three years of the date hereof. 4. Upon filing the request for certification of the tax capacity of the Parcel as part of the TIF District, the City will notify the county auditor that the original tax capacity of the Parcel must be adjusted as provided in Minn. Stat., 9469.177, subd. 1, paragraph (f). Passed and adopted by the City Council of the City of Stillwater, Minnesota, this 17th day of September, 2002. CITY OF STILL WATER Jay L. Kimble, Mayor Attest: . Diane F. Ward, City Clerk . -2- . ! , ! , ! 1 ! l ; i r"") ....-'J..... C/-l1l){j rOd, . -;?G>~;:k j&1L.(W.,'Yl) lIJv~";L/tf~~J~~ ~- . _.......-jk~~.RLW~,,'--'~~/Vld~) J lLR:i::: ;.I~<t~~~~~<?a~. . .;!Q/~24cJUdo~~ : I 0 ~ " - '..':~~. .-j~~~L~~~ il~ 7~ · .-/2. .VLe. "1 /J{:4a-'~ c<J. ~J"L( !~~J . ~ n ~'~ i (/ r ) . /\ ~ r. . jt7L.. ~ JJ4L1/ y~~,' ':- jll/ r~~~}.-, ~.,jJ/1r-- ,-/ LeX- . j oC ~ '. c~ ) '? CfZi..._z /! .....)..--..-'-', .';J. (0 ~ :ci?-. '.: ': . .' j - Z; / -./ Yr~ &-x../. ~,~ ~/0-CJU.~'<'. ..',;.- L/ -d;r 4/,,7 /~ \ Ii q/f .1;) ~ rYlDWe--v'cU aJ<>I!<~:~~. . ). .)~'-C-=/~ . ~ /3 frc.e.. L_~ ~ -fUJ)'K / ~rt1. ! j (} ff~/ ;:;TL v ; 'f Ii ~ v i~>I-d 0; (~C::>fJ()1 .. .J , '---'/ . // .: //~d<~U~~.~.L_(OVJ0 . dJ, ~/ II /J i\ # /) _ )7-" I ~/ y- -""', LA)1--....)~0/L~~,L~.LO~ // ) ,'; ---) ~/j.(- /'/, //~~/:', .---/ ~---'~ ~:J<::; L 0 ~JS::- 0~ -"// ;/. /~:/>t/ /' / c.;e/< ( U ~e:::.---c._- .- j (--.J . . . . W~mIHGTOH (OUHTV .uIHO~I(~l ~O(lfrV Gateway to Minnesota History September 10, 2002 Mayor and City Council City of Stillwater Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and City Council Members: There has been a lot of interest generated in the old prison site since the fire of September 3. Many people are looking for souvenirs. The Washington County Historical Society would like to take this opportunity to request that the Society be allocated some of the bricks to sell to the public as souvenirs whenever the investigation of the site is over and the cleanup is ready to begin. We would appreciate your consideration of this matter at the next Council Meeting. ~~ Nancy Goodman Secretary, Board of Directors cc: Larry Dauffenbach, Stillwater Police Chief Larry Hanson, Stillwater City Administrator PO. Box 167, Stillwater, MN 55082-0167 - 651-439-5956 - www.wchsmn.org . . . STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLWATER.MN 55082-4806 (651) 439-1 675 FAX (651) 439-0012 I r r Board of Trustees MeetingiAgenda Tuesday, September 1 0, 200~, 8 P.M. * I 1 . Call to Order 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption ofMinutes+ B. Payment of Bills C. Monthly Activity Report+ D. Other Activity Reports* E. Web Site Usage Report* F. Director and Other Staff Reports+ G. Financial Report * H. Policy Review- A+ I A 5. Reallocation of Capital Fundsfor Roof Repairs A+ 6. Fundraising Campaign A. Fundraising Steering Committee Makeup & First M~eting B. Case Statement C. Board Financial Commitment D. Expansion Fund Creation E. Report of Other Progress to Date 1+ 1+ I I I 7. Building Expansion A. Building Advisory Committee Makeup B, Survey Funding D+ I 8. Board Members' Expansion Committee Assignments 1+ 9. MLA Conference, St. Paul, September 26,27,28 I 10. Adjustment of Supervisory Librarian Job Descriptions A+ 11. Committee Reports 12. Other 13. Adjournment I r If you are unable to attend this meeting, please call Ann (ext.17) before 5 P.M. on Monday, September 9,2002. : A=Action Item I=Information Item D=Discussion Item : += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed ! * Note one-time change in meeting time. The meeting will begin at 8 P.M. after the polls close for the primarY.I Agenda Item 4. A. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLWATER, MN 55082-4806 651 439-1675 FAX 651 439-0012 . Board of Trustees Meeting Minutes Tuesday, August 13, 2002 Present: Bill Fredell, Bill Hickey, Rick Hodsdon, Dick Huelsmann, Victor Myers, ML Rice, Brian Simonet. Absent: Jessica Pack, Andrea Tipple Staff Present: Lynne Bertalmio, Carolyn Blocher 1. Call to Order The meeting was called to order by President Hickey. 2. Adoption of the Agenda The agenda was adopted with a motion by Myers and a second by Rice. 3. Communications and Public Commentary Director Bertalmio shared photos from the LumbeIjack Days Parade and some items from the suggestion box. Trustee Simonet mentioned talking with former residents who now live in Oregon. They miss the Stillwater Public Library. 4. Consent Calendar The Consent Calendar was adopted including payment of bills totaling $21,797.58. Motion by Rice and second by Myers. . 5. 2003 Budget Request A slightly revised budget request with insurance figures based on more current information was presented to the Board. After a discussion, it was motioned by Huelsmann and seconded by Hodsdon to approve the request for the 2003 Operating Budget. The motion passed. 6. Fundraising Campaign A. Resolution Establishing a Building Fund This agenda item was delayed. B. Board of Trustees Fundraising Roles and Responsibilities A statement of roles and responsibilities was approved with a motion by Myers and a second by Simonet. C. Board Financial Commitment The process was clarified and a request was made that each board member complete their financial commitment and return it to Director Bertalmio by the October board meeting. D, Campaign Co-Chair Job Descriptions After a discussion, campaign co-chair job descriptions were approved with a motion by Hodsdon and a second by Myers. Bertalmio and Huelsmann will be meeting with the City Attorney. E. Campaign Steering Committee Job Descriptions Steering committee job descriptions were approved with a motion by Rice and a second by Simonet. F. Fundraising Gift Policies This item was referred to the Campaign Steering Committee. G. Report of Progress to Date Director Bertalmio and Trustee Huelsmann reported on progress, including meeting with specific funders. . . . . 7. Building Expansion A. Building Advisory Committee Charge B. Job Description Through discussion, the above two drafts were combined and were approved by the Board. Motion by Huelsmann, second by Fredell. C. Building Advisory Committee Makeup A board sub-committee was selected to create the list of advisory committee members. D. Survey Funding It was motioned by Myers and seconded by Hodsdon to request the City of Stillwater to advance funding for the survey. The Board will reimburse the City from funds raised in 2002, or early in 2003. 8. Community Committee and Task Force Structure Director Bertalmio shared a draft of a committee structure. After a discussion, it was determined that the Board member co-chairs of the three major committees will form a coordinating committee which will keep information flowing. 9. MLA Conference, St. Paul, September 26,27,28 If you are interested in attending contact Director Bertalmio. Conference details are available on the MLA website. 10. Supervising Librarian Job Description A. Information Services Supervisor The job description was approved with a motion by Rice and a second by Myers. B. Youth Services Supervisor The job description was approved with a motion by Myers and a second by Huelsmann. 11. Committee Reports All were handled within the agenda. 12. Other The Board discussed a proposed Friends survey to be sent out to candidates for city council and mayor. 13. Adjournment The meeting adjourned at 9: 1 0 p.m. Chair: Laabs Call To Order Agenda: Minutes: Treasurer: Attorney:. Planner: Engineer: Clerk: People: 8:00 PM Stillwater Township September 12, 2002 7:00 p.m. Regular Meeting, Stillwater Town Hall Adopt Approve Minutes: August 22,2002 Regular Town Board Meeting September 5, 2002 Interview Meeting 1. Introduce Treasurer Gloria Sell 2. Checks \ Claims 1. Resolution re: Treats 2. Marine W AMO Resolution 3. InCOlTect Trees By Tower 1. 1. 1, Update Election 1. Landscaping Project--Richtma.t1 Old Business: 1. Town Hall Is~ 1. Security System Update Nrn Business: Adjourn 09/07/2002 Pat Bantli . . . SEP-06-2002 10:49 CITY OF OPH P.02/03 . 7:00 p.m. I. Estimatd times 7:05 p.m. II. 7:10 p.m. III. .7:10 p.m. IV. 7:15 p.m. V. 7:15 p.m. VI. CITY OF OAK PARK HEIGHTS WEDNESDAY, SEPTEMBER 11, 2002 CITY COUNCIL MEETING AGENDA 7:00 P.M. Call to OrderfPled~e of AllegianceiApll.roval of Ag.enda A. Moment of Silence in Remembrance of the Events of September II, 2001 Deparlment/Council Li&iSQn-Repo:rls A. Planning Commission B. Parks Commission C. Cable Commission D . Water Management Organizauons E. Other Liaison/Staff reports 1. Fall Clean-up Reminder - Sepi:em.ber 28,2002,8:30 a.m. -1:00 p.m. 2. Presentation of 25 Years of Service Award Visi-l=ors/Public Comment Recycling Award This is an opportunity for the public to adckeea the Council with questions or conccme on iaeuee not part of the regular agenb. (Ple:lBc limit comments to 3 minutes in length.) Con~ent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approval of CHy Council Minutes - August 27,2002 C. Approve Resoluuon Approving Stillwater Elks Charitable Gambling Permit D. Approval of Central S-I:. Croi.x Valley Joint Cable Commission FY 2003 Budget public Hearings None New Business A. Adopt Resolution Approving 2003 Proposed Budget and Proposed T ax Levies B. Set Date and Time for Truth in Taxation Hearing C. Special Service District - Streetlights (Councilmem1er Request) 7:30 p.m. VII. Old Business . LOCATION: A. B. C. D. E. Resolution Amending 2002 Budget Budget Committee/2003 Budget W orksession Garbage Subsidies Trail Maps Autumn Hills Park: Purchase Site Amenities RX TIME 09/06 '02 10:08 ~c~-~b-~~~~ 1~:4~ 8:20 p.m. 8:45 p.m. F. G. H. I. J. K. l.i I Y Uf- Uf-'H P.03/03 9th Addil:ion Lift Station Evaluation 60lli Street N. Sanil:ary Sewer Improvements Stillwater Trout Stream Protection Project (A.U.A.R.)(CouncilmembeI' Request) Brown's Creek Kern Center Pond Update . Acting City Administrator Performance Review Conclusions City Administrator Position VIII. Executive Session A. Labor N egoHaiion6 IX. Adioumment Badal gathering at cithsr Applebell's or Joseph $ Family RC$taurant Ie follow LOCAT ION : . . RX TIME 09/06 '02 10:08 TOTAL P. 03 Diane Ward From: .ent: 0: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us) Thursday, September 05, 2002 11:46 AM Wally Abrahamson Washington County Board Agenda - 9/10/02 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda September 10, 2002 * 4:00 p.m. 1. 4:00 - Roll Call Pledge of Allegiance 2. 4:00 - Comments from the Public Visitors may share their concerns with the County Board of Commissioners. on any ,issue that is on or not on the agenda. The Chair will direct the CountyAdministrator.to prepare responses to your concerns. You are encouraged not to be repetitJousofprevious speakers and to limit your address to five minutes. The Chair reserves the fight to limit an individual*s presentation if it becomes redundant, repetitive; irrelevant, or overly argumentative. The Chair may also limit the number of individual prepentationson. any issue to accommodate the scheduled agenda items. 3. 4:10 - Consent Calendar 4. 4:10 - Public Health and Environment * Mary McGlothlin, Director .resentation of Runnerup Award for ~nformation TeChnOlOg; 5. 4: 15 - Assessment, Taxpayer Services and Elections. * Kevin Corbid, Director Distribution of Forfeited Tax Sale Fund 6. 4:20 - General Administration * Jim Schug, County Administrator A. September 11 Proclamation B. Proposed 2003 Budget Overview - Molly O*Rourke, Deputy Administrator C. Public Comments on Proposed 2003 Budget D. County Board' Action on Proposed 2003 Budget, Levy and HRA Levy 1. Resolution * Proposed Budget for Payable 2003 2. Resolution * Certifying Proposed Property Tax Levy for Pay~ble"2003 ~or Wash~ngtoh County and Special Levy for Washington County Housing and Redevelopment Authority and RRA 3. Resolution * Certifying Proposed Property Tax Levy for Payable 2003 for Washington County Housing and Redevelopment Authority 7. 5:30 - Commissioner Reports * Comments '-- Questions This period of time shall be used by the Commissioners to report to" the.full Board on committee activlties, make comments on matters of interest an,dinformation, or raise. .ue~tions ,to ~he staff. T~is action is not in, tended, to re~un ~n ',Substantive b,oard a, ction urlng thls tlme. Any actlon necessary because of dlscusslon wlll be scheduled for a future board meeting. 1 8. Board Correspondence 9. 5:45 - Adjourn ,. ****************************~*~**~*****************~**************~***'************** . Meeting Notices September 10- Mental Health Advisory 4:00 p.m., Washington County Government Center September 11 - Metropolitan 911 Board 10:00 a.m., 2099 University Avenue West * St. Paul September 11 *, MELSA 12:00 p.m., 1619 Dayton Avenue *St. Paul September 11 * MICA 2:00 p.m., Kelly Inn * St. Paul September 12 '- Community Services. Advisory 7:30'a.m., Washington County Government Center September 12 - Metro TAB 12:30 p.m., 230 East 5th St., Mears Park Centre * St. Paul September 12 '- Central'CorridC>TCoordinating Committee 3:30 p.m., 1919 University Avenue West:".st. Paul ****~******************~.**.****~***~****************************~~*********** ******.* Washington County Board of Commissioners Consent Calendar * September 10, 2002 Consent Calendar items are generally defined a~ items of discussion, and. approved in one,vote. Commissioners may 'item(s) for discussion and/or separate, a'ction. routine business, not requiring elect to pull a Consent C~lendar . The following items are presented for Board approval/adoption: Administration A. Approval of the Sept~mber 3( 2002 Board meeting minutes. Community Services B. Approval to withdraw from East Metro Seniors Agenda for Independent LivingCS1;UL) Project. C. Approval of the contractual agreement between East Suburban Resourcesan~ the Community Service Department*s Workforce Center Division for continuation of the Supported Work Program for hard t() serve participants in the welfare to work programs from July 1,' 2002 through June 30, 2003. Transportation & Ppysical Development D.Approval for the Chair to execute a waiver of applicability regarding the Library Park ,Condominium. E. Approval of contract with ,the Minnesota DepartmeI}t of Transportation for Phase II Cultural Resources Survey for County State Aid Highway 8 (CSAH 8) for a County cost not to exceed $7,959. . Pat Raddatz, Administrative Assistant Washington County 2 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us} Thursday, September 12, 2002 11 :43 AM Wally Abrahamson Washington County Board Agenda - 9/17/02 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda September 17, 2002 * 9:00 a.m. 1. 9: 00 - Roll Call Pledge of Allegiance 2. 9:00 -Comments from the Public Visitors may share their concerns with the County Board of' Commissioners on any issue that is on or not on the agenda. The Chair will direct the County Administrator to prepare r~sponses to your ~oncerns. You are encouraged not to be rep~~itious ofpreviousspeaker~ and to limit your address to five minutes. The Chair reserves the right to limit an indiv~dual*s presentation if it becomes redundant, ~epetitive~ irrelevant, or overly argumentative. The Chair may also limit the number of individual presentations on 'any issue to accornrnodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9:10 - Public Hearing * Recorder*s Office . Establishing a $5 F,ee Per Document Requiring a Reference Number 5. 9:15 - Transportation and Physical Development * Dennis O*"Donnell, Senior Planner Set Public Hearing to Consider Amepdments to the Washington County Development 'Code 6. 9:30 - General Administration * Jim Schug, County Admini;:;trator 7. 9:35 - 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 ra~se; questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because ofdiscu~sion will be scheduled for a ,future board meeting. 8. Board Correspondence 9. 9:55 - Adjourn 10. 10:00 to 10:30 ~ Board Workshop with Community Services Department Discuss WBHome Application for Community Housing Development Organization Determination 11. 10:30 * 11:20 - Board Workshop with Historic Courthouse Advisory Council Historic Courthouse Vision * * ** * * * * * ** * * ** * * * *" * *** ** ** * * * * * * * * **" * * * *** * * * * * *" ****,** * ** ** * * *,* * * * *,* * * * ** **'** * * * *,* *. Meeting Notices . September 17, - Housing & Redevelopment Authority 3:30 p.m., 1584 Hadley Avenue North * Oakdale City Hall 1 September 17 - Public Health Advisory Committee 5:30 p.m., Washington County Government Center September 18 - Plat Commission .:30 a.m., Washington County Government Center September 18 - Transportation Advisory Board 2:00 p.m., 230 East 5th St., Mears park Centre * St. Paul September 18 - Rush Line Corridor Task Force 3:30 p.m., White Bear lake City Hall September 19 - Workforce Investment Board 8:30 a.m., Globe College * 7166 N. 10th St. * Oakdale September 19 - Parks and Open Space Commission 7:00 p.m., Washington County Government Center ******************,******************************************,************************ Washington County Board of Commissioners Consent Calendar * September 17, 2002 Consent Calendar items are generally defined as items of routine Qusiness, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Cal'endar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval to reappoint Barbara Medinger, Stillwater Township, to the Brown*s Creek Watershed District to a three-year term expiring October 21, 2005. .. Approval to appoint Marguerite Rheinberger, Stillwater, to the Minnesota,Extension ommittee, to fill an unexpired term to December 31, 2003. C. Approval to appoint Lynn Steenblock to the Workforce Investment Board as an Education Representative to a first term expiring June 30, 2004. D. Approval of County comments on the proposed amendments of Development District No, 1 * Tax Increment Financing District (TIF) No. 2 and Development District No. 2* TIE District No. 1 in the City of Forest Lake. Community Services E. Approval to appoint six citizen members to the Washington County Child Protection Citizen Review Panel as follows: Robert Benson, Hugo; Mary Kay Kernan, Afton; Mary Nelson, Stillwater; Robert Shellum, Hugo; Cynthia Silkworth, Lake Elmo; and Paige Veiman, Hugo. Transportation and Physical Development F. Approval to execute contract with Westurn Roofing & Siding for reroof project at Park Grove Library; and authorize final payment for this project. G. Approval of cooperative agreement with the City of Stillwater for the construction and maintenance of street lighting at the intersection of CSAH 15, Manning Avenue and 62rd Street, Curve Crest Boulevard. ,.at Raddatz, Administrative Assistant ashington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us 2