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Home My WebLink About2003-09-16 CC Packet . CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-20 Council Chambers, 216 North Fourth Street September 16, 2003 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of September 2,2003 regular and recessed me PUBLIC HEARING 1. This is the William Str 28.030 3,20 Robert Kondrasuk PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation - Constitution Week - September 17-23, 2003 2. Forest Utilization Demonstration Activity - Stonebridge Elementary - OPEN FORUM The 'Open Forum is a portion of the Council meeting to address Co the meeting agenda. The Council may take action or reply at the to staff regarding investigation of the concerns expressed. . ects which are not a part of tement or may give direction STAFF REPORTS 1.Police Chief 2.Fire Chief 3. City Clerk 4. Director of Admin. 5. 6. 7. City Attorney 8. City Administrator 2004 Tax Rate CONSENT AGENDA* . 1. Resolution 2003-193, directing paymen 2. Resolution 2003-194, establishing mo for the months October, November, a 3. Resolution 2003-195, approving Glen plats 4. Approval of gambling permit - 5. Resolution 2003-196, reapp 29.030.20.44.0057, 29.03 1508 W. Olive Street) 6. Resolution 2003-197, Foundation - Oak Gl 7. Request to purchas 8. Approval of ba r chedule for the collection of solid waste and recycling r 2003. rrection to Neal Meadows 3rd Addition and Settlers hurch - November 8, 2003 al assessments for parcel no. for parcel no. nd 29.030.20.44.0061 pursuant to subdivision of land (1502 & mbling permit for off-site gambling - S1. Paul Festival & Heritage - October 6, 2003 mputers (1-Rec Center & 3 Police Dept.) t - American Diabetes Association for the public hearing to certify the Senior Deferred assessments for LI 297, 1994) and LI 284, Myrtle Ravine Drainage (adopted 1994) for Parcel 09 N. William). Notice was mailed to the affected property owners on September UNFINISHED B 1. Discussion 0 Sign Ordinance 2. Discussion on Sidewalk Use Licenses 3. Possible approval of resolution approving the waiver of certain deferred assessments . 4. Possible appointment of member to Planning Commission (Resolution) 5. Possible second reading of Electric and Gas Franchise Ordinances NEW BUSINESS 1. Request from Contractors Property Development Company for liquor license extension. 2. Possible Final Plat approval for Settlers Glen 4th Addition, U.S. Home Corporation SUB-F/03-83 (Resolution) 3. Possible approval of resolution adopting ISO rating (Resolution) 4. Possible approval of issuance of new Off-sale 3.2% Malt Liquor and Tobacco licenses to Kwik Trip Inc. ',.,. (Resolution) 5. Possible approval of plans and specifications for Phase I of North Hill Project (Resolution) 6. Review of proposed assessment roll for 2003 Street Improvement Project 7. Possible approval for traffic study for lakeview Hospital parking expansion 8. Possible approval lofts of Stillwater Development Agreement (Resolution) the City Council and will be e items unless a Council Member or e consent agenda and considered PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS 1. Request to build playhouse in City parking lot STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered t enacted by one motion. There will be no separate discus citizen so requests, in which event, the items will be remo separately. . . 2 e CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-20 Council Chambers, 216 North Fourth Street September 16, 2003 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of September 2,2003 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation - Constitution Week - September 17-23, 2003 2. Forest Utilization Demonstration Activity - Stonebridge Elementary - Dawn Flynn & Robert Kondrasuk OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. 5. 6. Director IPWD treet wne Circle 7. City Attorney 8. City Administrator 2004 Tax Rate .ONSENT AGENDA* 1. Resolution 2003-193, directing paymen 2. Resolution 2003-194, establishing m for the months October, November, an 3. Resolution 2003-195, approving Q~rtn1j Glen plats .:: 4. Approval of gambling permit - St:ijj,~ich 5. Approval of gambling permit - S1. P October 6,2003 6. Resolution 2003-196, reap 29.030.20.44.0057, 29.030.20. 1508 W. Olive Street) Slrl.. edule for the collection of solid waste and recycling "r 2003. rrection to Neal Meadows 3rd Addition and Settlers hurch - November 8, 2003 ivai & Heritage Foundation - Oak Glen County Club - pecial assessments for parcel no. for parcel no. 058 and 29.030.20.44.0061 pursuant to subdivision of land (1502 & PUBLIC HEARINGS 1. This is the day and time for the public hearing to certify the Senior Deferred assessments for LI 297, William Street (adopted 1994) and LI 284, Myrtle Ravine Drainage (adopted 1994) for Parcel 28.030.20.21.0062 (109 N. William). Notice was mailed to the affected property owners on September 3, 2003. UNFINISHED BUSINESS 1. Discussion on Sign Ordinance 2. Discussion on Sidewalk Use Licenses 3. Possible approval of resolution approving the waiver of certain deferred assessments 4. Possible appointment of member to Planning Commission (Resolution) eEW BUSINESS 1. Request from Contracts Property Development Company for liquor license extension. 2. Possible Final Plat approval for Settlers Glen 4th Addition, U.S. Home Corporation SUB-F/03-83 (Resolution) 3. Possible approval of resolution adopting ISO rating (Resolution) 4. Possible approval of issuance of new Off-sale 3.2% Malt Liquor and Tobacco licenses to Kwik Trip Inc. (Resolution) 5. Possible approval of plans and specifications for Phase I of North Hill Project (Resolution) 6. Review of proposed assessment roll for North Hill Project 7. Possible approval for traffic study for Lakeview Hospital parking expansion 8. Possible approval Lofts of Stillwater Development Agreement (Resolution) . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed f agenda and considered separately. . . 2 . . . " CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-19 September 2, 2003 REGULAR MEETING 7:00P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City AdministratorHansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward STAFF REPORTS Police Chief Dauffenbach reported on a request by SALA Architectsto'hold an open house on Friday, September 19 from 3to 7 p.rn. at their location On 4th and Churchill. They have requested that the two parking spots in front be reserved for them. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to approve the request by SALA Architects to reserve the two parking spots in front oUheir business from 3 to 7 p.m. on 'Friday, September 19 for an open house, with the condition th,at neighboring businesses be notified. All in favor. . Councilmember Rheinbergerreported on a complaint regarding a house on South 4th Street selling cars in front of the house. Police Chief Dauffenbachwill advise the homeowner of the ordinance.' Fire Chief Kallestad reported on the demolition and removal ofa house on West Laurel Street. Mayor Kimble thanked the Fire Chief, his department and City Staff forworking with numerous agencies in accomplishing this. Community Development Director Russell reported on the demolition of the locker room at the Old Athletic Field. A demolition permit is required fora buildipgover 50 years old. The City was not aware of the demolition ofthe locker room building until it was already two-thirds demolished. Mr. Russell contacted Dan Parker, Assistant to the Superintendent for Stillwater Area Schools, and determined that itwasan oversight on the part of the, School District. City Council Meeting No. 03-19 September 2, 2003 Mr. Parker was present at the meeting to discuss the issue and other concerns of the . Council. Mayor Kimble asked if the lights at the Old Athletic Field would remain or be removed. Mr. Parker stated that the panel is unsafe and could cost over $5,000 to replace. Mr. Parker reported that the School Board commissioned a Citizens' Task Force early in the year to look at issues such as property, buildings, boundaries, enrollment and growth. The Board will begin looking at those issues in a Workshop session October 29. One of the committee's recommendations is that some properties owned by the District be considered for sale. The School Board has not considered that at this point. Mayor Kimble stated that the Old Athletic Field originally belonged to the City prior to the consolidation of the school district. The City would like to retain the right of first refusal if the School Board ever decides to sell the property. Council member Junker reported that the Old Athletic Field neighborhood had organized a clean up for August 9, but at that time they were told the building, fence and lights were being removed. He feels the school district moved quickly before there was too much resistance from the neighborhood. He said he understands the district has a lack of manpower to maintain the property, but there was a group of 45-50 neighbors willing to help. He stated that it is possible the building could have been 70 years old. Councilmember Rheinberger asked about the market value of the property. Mr. parke. said he could furnish the Council with appraisals of properties within the City. Council member Milbrandt requested that the lights not be taken down. Mr. Parker stated that the field and track would still be available for use. Councilmember Kriesel stated that it would be a mistake to remove the lights. Mayor Kimble emphasized that he feels that in the event the School Board wishes to sell the Old Athletic Field, it should revert back to the City at no cost, since the School District did not pay the City to obtain the field. Motion by Councilmember Junker, seconded by Councilmember Kriesel to adopt Resolution 2003-183 recommending to the School Board that the lighting at the Old Athletic Field be retained and upgraded if necessary. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Mr. Parker expressed his gratitude to the Police Department for their ongoing relationship with the school district and their visibility now that school is back in session. Mr. Russell reported on a request by Pepitos Restaurant to have a play in Pioneer Park on Sunday, September 28. They are requesting to use the bandstand area from 11 to i... p.m. . Page 2 of9 . . . City Council Meeting No. 03-19 September 2, 2003 Motion by Council member Rheinberger to approve the request from Pepitos Restaurant for a play in Pioneer Park, with food and beverages sold at cost, and no guarantee of approvals in the future. Motion died for lack of a second. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to approve the request from Pepitos Restaurant for use of Pioneer Park for a play on September 28, with no food or beverages served and no fees charged. All in favor. Community Development Director Russell reported on the first downtown plan meeting held last Thursday. A follow-up meeting will be held within the next two weeks with the downtown community, A coordinating committee will be formed to work with consultants and planners. City Engineer Eckles updated Council on the street project. Portions of the project are complete. All streets will be completed within the next five weeks. He also reported that the concrete steps going into the ravine are complete. The handrails will be up in a few weeks. City Administrator Hansen reported on the closing on the Sutherland home. Since the closing, there have been several requests from Habitat for Humanity for the house. Motion by Council member Rheinberger, seconded by Councilmember Junker to gift the Sutherland house to Habitat for Humanity, and to direct the Community Development Director to work with Habitat for Humanity in finding another location for the house. All in favor. City Administrator Hansen presented a list of parcels with deferred assessments that are either very small or uncollectable. Mr. Hansen will bring the list back to Council in two weeks for action. Mr. Hansen also reported on a request from Representative Mark Kennedy for letters from Stillwater citizens stating the need for the flood control stage of the Levee Wall Project. Community Development Director Russell referred Council to a memorandum regarding the Parks Board consideration of making City parks smoke free. Mayor Kimble, Councilmembers Rheinberger and Kriesel expressed their objection to the proposal. Mayor Kimble recessed the meeting at 5:35 p.m. Page 3 of 9 City Council Meeting No. 03-19 September 2, 2003 REGULAR MEETING 7:00 P.M. . Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble . None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Council member Milbrandt, seconded by Council member Junker to approve the special and regular meeting minutes of August 19, 2003. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble noted that Senator Brian LeClair of District 56, representing the South H.w.. area of Stillwater, was in the audience and thanked him for his attendance. .. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the Consent Agenda. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Resolution 2003-180, directing payment of bills Resolution 2003-181, Approving 2003 Memorandum of Agreement for Curbside Recycling Grant Distribution Request to purchase maintenance agreements for printers in Finance and 3rd Floor Request to purchase HP Laserjet 8150 - Engineering Department Resolution 2003-182, authorizing closing of fund Request to hang banner from Chamber of Commerce - Fall Art Fair Request to purchase router for the police department Request to purchase firewall for S1. Croix Recreation Center Approval of request for outside merchandising - Tires Plus . Page 4 of 9 City Council Meeting No. 03-19 September 2, 2003 . PUBLIC HEARINGS . . Case No. SUBN/03-74. Reauest from Jeff Melstrom and Tom Larson for a variance to the lot size reoulations (10,000 sauare feet reauired. 7.500 souare feet reouested) for the subdivision of two standard lots into three substandard lots located at 1502 and 1508 West Olive Street in the RA. Sinole Familv Residential District. Community Development Director Russell explained that the original request for this site was for rezoning and subdivision. The request was heard by the City Council, then referred to the Planning Commission for their recommendation. The Planning Commission felt that a variance to the lot size requirement would be preferred and that rezoning would not be appropriate for this area. The Planning Commission held a public hearing and recommended approval of the variance to the lot size requirement. Mayor Kimble opened the public hearing. There were no comments from the public. Mayor Kimble closed the public hearing. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-185, approving the request for a variance to the lot size regulations located at 1502 and 1508 West Olive Street, Case No. SUBN/03-74. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Case No. SUB/03-66. Reouest from Nancv Green for a resubdivision to combine four lots (Lot 1: 3,397 So. ft: Lot 2: 3.950 sa. ft.: Lot 3: 1.650 so. ft. and Lot 4: 1,650 so. ft) into one lot o( 10,647 so. ft. located at 709 West Mvrtle Street in the RB. Two Familv Residential District. Mr. Russell explained that the applicant owns all the parcels, and though the shape of the lot is irregular it would meet the area requirements and allow for a legal duplex. The Planning Commission heard the request and recommended approval. The existing house meets all setback requirements and there are other duplexes in the area. Mayor Kimble opened the public hearing. There were no comments from the public. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-186 approving the request for a resubdivision to combine four lots into one lot at 709 West Myrtle Street, as conditioned. Ayes - Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Page 5 of 9 " City Council Meeting No. 03-19 September 2, 2003 ~ Case No. PUD/03-75. Reauest from Territorial Sorinas. LLC, for a final PUD approval for Phase I of Terra Sorinas Develooment includina Site 1 (Buildinas 1) and Site 2 (Buildlina 2) containina 18 and 40 residential units. resoectivelv. located at 608 North Main Street in the CBD, Central Business District. . Mr. Russell explained that this is the final PUD approval for Site 1 and Site 2, and the first of a three phased development schedule. The Planning Commission and Heritage Preservation Commission have reviewed the PUD request. There is an extensive list of conditions. Mayor Kimble opened the public hearing. Larry Lappi, asked about the height of Building 2 and what is code. Mr. Russell stated that Building 3 is taller than what is allowed in the code, but that is not a part of this request. Building 1 is three stories and Building 2 is four stories. Mayor Kimble explained that sloped roofs are measured at the halfway point. Mr. Lappi stated that the roof is 60 feet at the halfway point and 70 feet at the top, which is ten feet above code, not counting the towers, which go beyond that. City Attorney Magnuson explained that the Planned Unit Development process allows variances of all the standards. The height allowance had been approved at the concept PUD stage, Mr. Lappi stated that a precedent is being set by approving the building height. Mayor. Kimble stated that precedent is not an issue in a Planned Unit Development. Suki Thomsen, 913 North Broadway, asked for the heights on all five buildings since heights were approved at the concept stage. Mr. Russell stated that the other three buildings will have to come back to the Council for final approval, but the highest would be Building 3 at 60 feet. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-187 approving the request from Territorial Springs, LLC, for final PUD approval for Phase I of Terra Springs Development, with conditions as listed. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None NEW BUSINESS Approval of resolutions settina oavable 2004 Truth-in Taxation Public Hearina: osed budaet for the vear 2004: 9dootina th~ orooosed tax levv for the oavable year 2004 . Page 6 of 9 " . . . City Council Meeting No. 03-19 September 2, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-188 adopting the proposed tax levy for the payable year 2004. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Motion by Councilmember Kimble, seconded by Council member Rheinberger to adopt Resolution 2003-189 adopting the proposed budget for the year 2004. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2003-190 setting the payable 2004 Truth-in-Taxation Public Hearing for Tuesday, December 2, 2003 at 7:00 p.m. and a continuation public hearing, if needed, for Tuesday, December 9, 2003 at 7:00 p.m. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Approval of increasina authorized part-time fire personnel. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the increase of authorized part-time fire personnel from 30 to 34. All in favor. Turf Restoration in Citv Parks. City Engineer Eckles discussed the turf restoration issues in various City parks. He suggested hiring a turf management consultant to assist staff with the parks. Council discussed the issue of Lowell Park and the possibility of future flooding. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to authorize $25,000 for a turf management consultant and turf restoration in City Parks. All in favor. Possible appointment of member to Plannina Commission. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to table the appointment of a member to the Planning Commission. All in favor. Mayor Kimble directed the City Clerk to readvertise the opening on the Planning Commission. Adoption of a resolution declarina costs and orderina assessment rolloreparation and a resolution callina for he<:lrina for 2003 ~tr~~~ imorovements (Proiect 2003-02), Page 7 of 9 City Council Meeting No. 03-19 September 2, 2003 " Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-191 declaring cost to be assessed, and ordering preparation of proposed assessment for 2003 Street improvement Project (Project No. 2003-02). . Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-192 calling for a hearing on the proposed assessment for 2003 Street Improvement Project, to be set for October 7. (Project 2003-02) Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Approval of Fire Prevention Week sians and banner. Motion by Councilmember Rheinberger, seconded by Council member Junker to approve signs and banner for Fire Prevention Week. All in favor. Approval of reauest from Stillwat(Jr Fire Deg~rtrnent R(Jlief Association to post sians for Fish Frv on October 17, 2003. Motion by Council member Kriesel, seconded by Council member Rheinberger to approve the. request from the Stillwater Fire Department Relief Association to post signs for Fish Fry on October 17, 2003. All in favor. COUNCIL REQUEST ITEMS Council member Junker asked about the removal of the warning flashers along TH 36. City Administrator Hansen referred to a letter from Mn/DOT that stated effectiveness of the advanced warning flasher diminishes over time while the increased speed of violating vehicles can lead to a higher crash severity rate. ADJOURNMENT Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adjourn the meeting at 8:05 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk . Page 8 of 9 . . . City Council Meeting No. 03-19 September 2,2003 Resolution 2003-180, directing payment of bills Resolution 2003-181, Approving 2003 Memorandum of Agreement for Curbside Recycling Grant Distribution Resolution 2003-182, authorizing closing of fund , Resolution 2003-183 recommending to the School Board that the lighting at the Old Athletic Field be retained and upgraded if necessary Resolution 2003-184 - Not Used Resolution 2003-185, approving the request for a variance to the lot size regulations located, at 1502 and 1508 West Olive Street. Case No. SUBN/03-74 . Resolution 2003-186 approving the request for a resubdivision to combine four lots into one lot at 709 West Myrtle Street, as conditioned Resolution 2003-187 approving the request from Territorial Springs, LLC, for final PUD approval for Phase I of Terra Springs Development, with conditionsaslisted. Resolution 2003~188 adopting the proposed tax levy for the payable year 2004. Resolution 2003-189 adopting the proposed budget for the year 2004. Resolution 2003-190 setting the payable 2004 Truth-in-Taxation Public Resolution 2003-191 declaring cost to be assessed, and ordering preparation bfproposed ' assessment for 2003 Street improvement Project (Project No. 2003-02) Resolution 2003-192 calling for a hearing on the proposed assessment for 2003 Street Improvement Project, to be set for October 7,2003. (Project 2003-(2) Page 9of9 . ."" .,11." ""Il ;.'" ,.J ,II"..,ILI....;O...' I."'~ .',J. ....'" "1;1',;',, ;,.",;1 "",I."'" .""',",.,,,1..' 11>".,.1 .'.1,1. u, , the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2003 marks the two hundred sixteenth 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 Law 915 guarantees the issuing of a proclamation each year by the president of the United States of America designating September 17th through 23rd as Constitution Week, NOW, THEREFORE, I, )A Y L. KIMBLE, by virtue of the authority vested 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. . . . Stillwater City Council 216 North 4th Street Stillwater, MN 55082 September 12, 2003 Dear Council Members: Earlier this year the Council approved a partnership between Stonebridge Elementary School and the City of Stillwater to manage the city park property adjacent to the school. Stonebridge Elementary teacher Robert Kondrasuk and Stillwater Area High School Teacher Todd Kapsner received a partnership grant from the school district for this year to conduct a forest utilization demonstration activity with all the second and third graders at Stonebridge. The demonstration will entail cutting down some of the stunted, hazardous, or other trees within the property, dragging them out the old fashioned and less disturbing way with a horse, and then milling the trees into lumber. The high school shop students will then make bluebird houses and math games for area schools with the lumber. All trees to be cut will be determined ahead of time with the help of contract city forester Kathy Widin. For your information the property was also designated as a School Forest, through the Minnesota Department of Natural Resources (DNR) with a recent resolution from the School Board. This will allow free educational materials and forester help from the DNR to work with the property. Stonebridge, together with the city, will also be developing a management plan for the property that will be presented to the Council in the future. Since we do not yet have a management plan in place, Stonebridge would like to request permission to conduct this demonstration the week of October 20. We would also like to request help from city staff, if available, in the form of use of a chipper, truck with a bucket, help taking down some hazardous trees, etc. Thank you for your time and if you have any questions please feel free to contact us. Sincerely, Dawn A. Flinn Stillwater Parks Commission 651-430-2888 Robert Kondrasuk Stonebridge Elementary 651-351-8736 . MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: 2004 Tax Rate DATE: September 9,2003 You may recall that when Sharon and I submitted the 2004 Preliminary Budget we had estimated that the proposed tax levy would not increase the tax rate of 2003. I am pleased to advise you that we were correct and that the tax rate will actually go down ~% from 52.760 to 52.20. We had estimated a taxable market value growth of 10% and the numbers from the county now indicate 12%+. . This means that tax payers will not pay increased tax because of the 2004 levy, but most, if not all, will pay more taxes because of valuation changes. Attached is a Proposed Pay 2004 Property Tax Impact Worksheet. You will note that because of the reduced state aid the city levy increased (7,296,297 - 6,603,957 = $692,340.). This amount can easily be explained as the result of the $447,470 levy back for lost LGA and the $250,000 levied for the City's share ofthe North Hill Project. In the 2nd and 3rd spreadsheet you will note that the 12% market value growth escalates the value of a 2003 $89,300 home to $100,000 in 2004. This, coupled with changes in the market value credit, cause this taxpayer to pay increased taxes of $392.10 - 336.82 = $55.28. The impact for other valued homes is shown in the same manner. ACTION REOUIRED - None, FYI only. . Proposed Pay 2004 Property Tax Impact Worksheet Taxing District: ~iM!fLaIUii~~~~fiY!2t,~nwii~it,\/.' '.0/il STEP 1 - Calculate the Taxing District's Tax Rate: 1. Levy before reduction for state aids 2. State Aids (HACA, LGA, etc.) 3. Certifed Property Tax Levy 4. Fiscal Disparity Portion of Levy 5. Local Portion of Levv 6. Local Taxable Value 7. Local Tax Rate 8. Market Value Referenda Levy I 9. Fiscal Disparity Portion of Levy (SDs only) 110. Local Levy 11. Referenda Market Value 12. Market Value Referenda Rate = $6.603,957 $7,296,297 ~iiaf~~liB1jlir = I . $5.979,9~6 . ,. $6,60~~!7~ I. I~I~ijrt~~$3!t&toZi! ~.Uri1f~~.1 = . 52.760%1 52.200%1 = $0 = 0.00000% STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a 12,0% increase in market value from 2003 to 2004, which is the new maximum increase allowed under the "Limited Market Value" Law. IE\ IF\ IH\ m 14. 15. 16. 17. 18. 19. 500,000@1.0% (A7 x E) + 76,000@.40% rem @ 1.25% _.~}A12 X D) - rem@.09% Estimated Tax District rate as % of total rate: (F) - (H) {G)x% ~~%4~6~t~'f0~;i ' $134,33 I $115.87 $78.90 $0.00 $0.00 I 89,300 893 133,900 1,339 223,200 2,232 446,400 4,464 669.2.<2.<22... -,.=,J, 1 ~~. $471.15 $706.46 $1,177.60 $2,355.21 $3,756.51 $292.03 $251.89 $171.52 $0.00 $0.00 $336.82 $590.59 $1,098.70 $2,355.21 $3,756.51 20. 21. 22. 23. 24. 25. Pay 2003 MV 500,000@1.0% (B7 x E) + 76,000@,40% X1.120 rem@1.25% (B12xD) -rem@.09% Estimated Tax District rate as % of total rate: iI~;i\{;,~tOO;~! 1,000 $522.00 I ft?~gi~;~T5.Q:~; 1,500 $783.00 ~~ltlr~@;ooo;; 2,500 $1,305.00 t~'~tc;~i~~;QQQI 5,000 $2,610.00 ..ffJ@T,WlSQ;OOQ>. ~.!25 $4,241.25 $392.10 $673,80 $1,237.20 $2,610.00 $4,241.25 (G)x% tf~};~~'%Ht~tt0j , ,. $129.90 $109.20 $67.80 $0,00 $0.00 (F) - (H) $282.40 $237.40 $147.40 $0.00 $0.00 :'~'~~-::'~;,/ ;i'Hft:~Y;;!J:~:~[;~tti~;:~,,:~~:~:'; ..,..,., ~C;{.;i;!lRm:c~ij~~~~h.im~Jri:iiij;2003'tii2Qo4';~;}i;;~t'.), 12.0%" 1 0.8% . -3.3% ' .-3.3% 12.0% 10.8% -5.8% -5.8% 12.0% 10.8% -14.1% -14.1% 12.0% 10.8% 0.0% 0.0% 14.1% 12.9% 0.0% 0.0% .,..,.,.....,...".,."...::.,.'....:',. ,'...'c,'>c'o.....;O":<".-..'O~.. 26. 27. 28. 29. 30. 12.0% 12,0% 12.0% 12.0% 12.0% 16.4% 14.1% 12.6%1 10.8% 12.9% I . $0 10.5%1 11.7% -1.1% 0.0% 0.0% 0.0% 0.0% 0.0% . . <- I ~. . . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003- 193 3D Specialties 3M Ace Hardware Action Rental Albrecht Company All Time Detection Appletree Institute Arrow Auto & Truck Parts Aspen Mills AT&T Attorney's Title Bailey Construction Barr Engineering Company Board of Water Commissioners Bonestroo,Rosene,Anderlik & Assoc. Breezy Point Resort Buberl Black Dirt, Inc. Car Quest CDW-Gov Century Power Equipment Chemsearch Chesley Truck Sales Clarey's Safety Equipment CLJ Right -of Way & Realty Service Coca Cola Cunningham, Don Donald Salverda & Associates Deko Factory Service Inc. Fed Ex First Line G&K Grand Prix Vending Greeder Electric GSSC Hardwood Creek Lumber, Inc. Hillyard Holiday Commercial Imagineering Computer Consultants Infratech Interstate All Battery Center Jani King Jansens Cleaning Service Johnson Controls Kath LMC Lind, Gladys LJ Schuster Magnuson Law Firm Maple Island Hardware Mediation Center for Dispute Resolution Sign Material Sign Material Hardware Equipment Rental Equipment Repair Supplies Ventek Tickets Retiree Health Insurance Spindle Uniforms Telephone Refund Overpayment Mulberry Ravine Stairs SW Prison St Sewer/Wall Repair Hydrant Repair, Utility NPDES Construction Permit,Wetland Lodging for Seminar Black Dirt Repair Supplies Backup Filters Chemicals Equipment Repair Supplies Storz L WT Sutherland Project Concession Supplies Carpet Cleaning Seminar Equipment Repair Freight Concession Supplies Uniform Cleaning, Rugs,Mops,Towels Concession Supplies Repair Maryknoll Lift Alarm Monitoring Hubs, Lath Cleaning Chemicals Fuel Consulting Equipment Repair,Locating Service Batteries September Cleaning Maintenance Agreement Air Conditioning Repair Equipment Repair Supplies Workers Comp, Deductible Land Purchase Receipt Forms Professional Services Hardware Seminar 811.74 786.03 61.32 500.56 406.84 327.51 25,249.35 214.00 92.84 85.05 100.00 25,800.00 7,827.07 150.62 1,054.00 558.48 95.85 686.74 1,078.83 47.48 103.94 12.97 140.25 481.90 866.40 1,600.00 822.43 36.49 59.77 454.35 2,477.44 84.00 707.00 60.71 112.89 664.16 3.71 95.00 499.60 23.31 298.20 275.00 385.00 41.09 22,152.75 927.00 1,002.70 7,201.75 222.90 195.00 ... \ EXHIBIT" A" TO RESOLUTION #2003- 193 Page 2 .4 Menards Equipment Repair Supplies 80.81 Met Life Dental Insurance 187.31 Metropolitan Council October Wastewater Service 96,148.00 Metropolitan Council Environmental August SAC Report 31,556.25 MN Dept of Public Safety Inspection Decals 20.00 MN Fall Maintenance Expo Seminar 210.00 MN Technical Rescue School Seminar 240.00 Nestle Concession Supplies 288.96 Northland Chemical Corp. Shower Power 82.48 Office Max Office Supplies 283.18 On Site Sanitation Unit Rentals 611.61 Orrin Thompson Homes Grading Escrow Refund 12,000.00 Parts Associates Equipment Repair Supplies 399.85 River Valley Printing Letterhead 104.37 St. Croix Boat & Packet August Arena Billing 28,018.68 SBC Yearly Pagers 661.98 Shorty Laundry 59.11 Short Elliott Hendrickson Water Street Parking Facility,Plaza 8,214.55 Sprint Cell Phone 49.75 SRF Consulting Boutwell Area Transportation Plan 19,096.31 Stillwater Courier Publication 129.03 Stillwater Gazette Publication 73.57 Stillwater Motor Vehicle Repair Supplies 47.72 Stork Materials Technology Parkwood Villas Project 926.00 T A Schifsky Asphalt 438.39 . Tower Asphalt 2003 Street Project 400,780.34 Turning Point Office Forms 213.00 United Rentals Tools 637.26 US Bank Paying Agent Fees 2,073.15 Viking Office Products Office Supplies 189.67 Viking Sprinkler Reset Sprinkler System 280.00 Waste Management Garbage Payment pd to city by error 26.63 Wastson, Dennis Computer Programming 330.00 Wrap & Ship Freight 71.68 Yocum Oil Fuel 3,536.53 ADDENDUM TO BILLS Barkholtz, John & Jane 891 Reunion Rd Landscape Escrow 2,073.60 Barr Engineering Co. SW Prison St.Sewer Rev & Wall Repair 14,302.07 Bonestroo,Rosene,Anderlik & Assoc. TIF Study 10,244.52 Corporate Express Office Supplies 14.30 M J Raleigh Trucking Inc. Lodge Electric Retaining Wall 7,619.24 Owest Telephone 663.08 S & T Office Products Office Supplies 79.80 Waterous Company Lube Prime 141.00 Xcel Electricity, Gas 2,242.38 . Total 753,388.18 , ~ . . . ... EXHIBIT" A" TO RESOLUTION #2003- 193 Page 3 Adopted by the City Council this 16th Day of September, 2003 STAFF REQUEST ITEM ~ DEPARTMENT: MIS , DATE: September 16, 2003 DESCRIPTION OF REQUEST (Briefly outline what the request is): Request to purchase 4 Dell computers (1 for the Recreation Center and 3 for the Police Department) Cost $ approx. $6,800 ($1,700 each) 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) These computers were budgeted for in 2003 Capital Outlay and are being replaced in accordance with the replacement schedule. ADDITIONAL ITEMS ATTACHED: YES NO x ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY ~ .4/J DATE: September 16, 2003 Chantell Knauss, Director of Administration . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003-193 . . 3D Specialties 3M Ace Hardware Action Rental Albrecht Company All Time Detection Appletree Institute Arrow Auto & Truck Parts Aspen Mills AT&T Attorney's Title Bailey Construction Barr Engineering Company Board of Water Commissioners Bonestroo,Rosene,Anderlik & Assoc. Breezy Point Resort Buberl Black Dirt, Inc. Car Quest CDW-Gov Century Power Equipment Chemsearch Chesley Truck Sales Clarey's Safety Equipment CLJ Right -of Way & Realty Service Coca Cola Cunningham, Don Donald Salverda & Associates Deko Factory Service Inc. Fed Ex First Line G&K Grand Prix Vending Greeder Electric GSSC Hardwood Creek Lumber, Inc. Hillyard Holiday Commercial Imagineering Computer Consultants Infratech Interstate All Battery Center Jani King Jansens Cleaning Service Johnson Controls Kath LMC Lind, Gladys LJ Schuster Magnuson Law Firm Maple Island Hardware Mediation Center for Dispute Resolution . Sign Material Sign Material Hardware Equipment Rental Equipment Repair Supplies Ventek Tickets Retiree Health Insurance Spindle Uniforms Telephone Refund Overpayment Mulberry Ravine Stairs SW Prison St Sewer/Wall Repair Hydrant Repair, Utility NPDES Construction Permit,Wetland Lodging for Seminar Black Dirt Repair Supplies Backup Filters Chemicals Equipment Repair Supplies ~ Storz L WT Sutherland Project Concession Supplies Carpet Cleaning Seminar Equipment Repair Freight Concession Supplies Uniform Cleaning, Rugs,Mops,Towels Concession Supplies Repair Maryknoll Lift Alarm Monitoring Hubs, Lath Cleaning Chemicals Fuel Consulting Equipment Repair,Locating Service Batteries September Cleaning Maintenance Agreement Air Conditioning Repair Equipment Repair Supplies Workers Camp, Deductible Land Purchase Receipt Forms Professional Services Hardware Seminar 811.74 786.03 61.32 500.56 406.84 327.51 25,249.35 214.00 92.84 85.05 100.00 25,800.00 7,827.07 150.62 1,054.00 558.48 95.85 686.74 1,078.83 47.48 103.94 12.97 140.25 481,90 866.40 1,600.00 822.43 36.49 59.77 454.35 2,477.44 84.00 707.00 60.71 112.89 664.16 3.71 95.00 499.60 23.31 298.20 275.00 385.00 41.09 22,152.75 927.00 1,002.70 7,201.75 222.90 195.00 EXHIBIT" A" TO RESOLUTION #2003-193 Menards Met Life Dental Metropolitan Council Metropolitan Council Environmental MN Dept of Public Safety MN Fall Maintenance Expo MN Technical Rescue School Nestle Northland Chemical Corp. Office Max On Site Sanitation Orrin Thompson Homes Parts Associates River Valley Printing St. Croix Boat & Packet SBC Shorty Short Elliott Hendrickson Sprint SRF Consulting Stillwater Courier Stillwater Gazette Stillwater Motor Stork Materials Technology T A Schifsky Tower Asphalt Turning Point United Rentals US Bank Viking Office Products Viking Sprinkler Waste Management Wastson, Dennis Wrap & Ship Yocum Oil Adopted by the City Council this 16th Day of September, 2003 Page 2 Equipment Repair Supplies Insurance October Wastewater Service August SAC Report Inspection Decals Seminar Seminar Concession Supplies Shower Power Office Supplies Unit Rentals Grading Escrow Refund Equipment Repair Supplies Letterhead August Arena Billing Yearly Pagers Laundry Water Street Parking Facility,Plaza Cell Phone Boutwell Area Transportation Plan Publication Publication Vehicle Repair Supplies Parkwood Villas Project Asphalt 2003 Street Project Office Forms Tools Paying Agent Fees Office Supplies Reset Sprinkler System Garbage Payment pd to city by error Computer Programming Freight Fuel 80.81 187.31 96,148.00 31,556.25 20.00 210.00 240.00 288.96 82.48 283.18 611.61 12,000.00 399.85 104.37 28,018.68 661.98 59.11 8,214.55 49.75 12,139.24 129.03 59.46 47.72 926.00 438.39 400,780.34 213.00 637.26 2,073.15 189.67 280.00 26.63 330.00 71.68 3,536.53 . . . . . . ~emo DATE: September 12,2003 TO: Mayor and City Council Chantell Knauss~ Director of Administration FROM: RE: Recycling Grant Money Reinstated Previously, you were made aware of the possibility that the City would not be receiving, or would be receiving a reduction in the amount of the annual Curbside and Drop-off Recycling Grant from Washington County due to the State's budget crisis. Again, the Washington County Recycling Grant Program is funded through the State's SCORE funding (Select Committee on Recycling and Environment). With the State's 2002-2003 budget finalized, the City has been notified that the majority of the Recycling Grant money was restored and the City has executed the 2003 Grant Agreement with Washington County and will be receiving grant monies, less 5% than the anticipated amount. As you recall, a substantial portion of the grant money was designated to subsidy City residents' contracted recycling costs. Because of the uncertainty of the grant funding, on April 15, 2003, the City took action to eliminate the recycling subsidy for the remainder of the year that had not yet been billed to residents (May - December 2003). Due to the reinstatement of most of the grant money, staffhas contacted Waste Management to see how the money could be disbursed back to residents. Waste Management has agreed to provide a credit of $5.34/household for the last quarterly bill in 2003. The $5.34 represents the money that the City would have originally subsidize for the months April- December 2003. Staff recommends that the Solid Waste and Recycling charges return to what they are in Resolution 2003-88, with no recycling subsidy, beginning January 1, 2004, as it is uncertain what the 2004-2005 State Budget will bring and the recycling grant money may be jeopardized agam. Recommendation Staff recommends the City Council adopt the attached Resolution, changing the Solid Waste and Recycling rates, effective only for October 1 - December 31,2003. RESOLUTION NO. 2003-194 . ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING EFFECTIVE OCTOBER 1,2003 - DECEMBER 31, 2003 Senior Tvoe of Service Accounts 30 Gallon 60 Gallon 90 Gallon Collection/Disposal $5.57 $8.16 $10.06 $12.03 Yard Waste $1.59 $1.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $ 2.54 Less Subsidy ($1.78) ($1.78) ($ 1.78) ($ 1.78) Appliances $ .42 $ .42 $ .42 $ .42 Billing $ .21 $ .21 $ .21 $ .21 Total Amount $ 8.55 $11.14- $13.04 $15.01 Multiple dwelling units containing ninety (90) or more units which are rented exclusively to persons whose head of household is sixty-two (62) years of age or older shall be charged a special rate. A separate rate is appropriate for these dwelling units in view of the accessibility of each unit, the amount of household waste they generate and the number of units in each building . and the use of a compactor at the site. a. For normal "household waste" and for regular pick-up, a monthly charge of two hundred dollars ($200.00) plus applicable taxes for surcharge. This charge would be for a weekly pick-up of two (2), two (2) yard containers. b. For recycling services, a monthly charge of twenty dollars ($20.00) per month plus taxes and surcharges. This charge would be for weekly pick-up of a ninety (90) gallon container. Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $5.00 per month during the period of their absence. This rate schedule is only effective for the period October 1,2003 - December 31,2003. Effective January 1,2004, the schedule shall revert back to the rates as established by Resolution 2003-88. Adopted this 16th day of September 2003. Jay L. Kimble, Mayor . Diane F. Ward, City Clerk RESOLUTION 2803',88 . ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING EFFECTIVE MAY 1,2003 - DECEMBER31,2005 Senior Type of Service Accounts 30 Gallon 60 Gallon 90 Gallon Collection/Disposal $5.57 $8.16 $10.06 $12.03 Yard Waste $1.59 $1.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $2.54 Appliances $ .42 $ A2 $ A2 $ A2 Billing $ '.21 $ .21 $ .21 $, .21 Total Amount $10.33 $12.92 $14.82 $16.79 Multiple dwelling units containing ninety (90) or moreunits which arerent~dexclusiYeIy to.' . persons whose head of household is sixty-two (62) years of age or older shall be charged a special rate. A separate rate is appropriate for these dwelling units in view of theaccyssibility of each unit, the amount of household waste they generate and the number of units in eayh building and the use of a compactor at the site. a. For normal "household waste" and, for regular pick-up, amptithly charge,oftwo hundred dollars ($200.00) plus applicable taxes for surcharge, This charge would be for a weekly pick-up of two (2), two (2) yard containers. ' b. For recycling services, a monthly charge oftwenty dollars($2Q.00}pyrinonth plus taxes and surcharges. This charge would be for weekly:.p'ick-upof a riinety (90) gallon container. Residents who will be continuously absent from the City for morethan90 days shall be entitled to a reduced rate to $5.00 per month during the period oftheir absence. Adopted this 15th day of April 2003. A~J<<A3~,. Diane F. \f/ard, City Clerk ..Ad~ 'J~~rr ,/ . . . . MEMORANDUM September 11, 2003 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Certificate of Correction for Neal Meadows 3rd Addition DISCUSSION: Attached is a land surveyor's certificate of correction for the Neal Meadows 3rd Addition and Settlers Glen plats. The engineering department has reviewed the certificate and now needs Council approval. The City will receive new revised plats in the near future. ACTION REQUIRED: Adopt resolution for correction to Neal Meadows and Settlers Glen plats. RESOLUTION 2003-195 APPROVING CERTIFICATE OF CORRECTION TO PLATS NEAL MEADOWS 3RD ADDITION A. SETTLERS GLEN WHEREAS, pursuant to the provisions of Chapter 505.174, Paul A. Johnson, a Licensed Land Surveyor in and for the State of Minnesota, declared as follows: NEAL MEADOWS 3rd ADDITION That he prepared the plat of NE AL MEADOWS 3RD ADDITION dated December 17. 2001 and filed on January 10, 2002 in the office of the County Recorder, Washington County, Minnesota, as Document No. 3207745 That said plat contains errors, omissions, or defects in the following particulars, to-wit: The bearing for the lot line between Lots 1, 2, 3 and 4 of South 00 degrees 02 minutes 06 seconds West is not correct. That said plat is hereby corrected in thefollowing particulars, to-wit: The bearing between Lots 1.2,3 and 4, Block I, should be North (10 degrees 40 minutes 36 seconds West. and SETTLERS GLEN That he prepared the plat of SETTLERS GLEN, dated February 08,2001 and tiled on June 06,20. in the office of the County Recorder, Washington County, Minnesota as Document No. 3161348. That said plat contains errors, omissions, or defects in the following particulars, to-wit: The bearing for the lot line between Lots 5 and 6, Block 3 and Outlot H of South 90 degrees 00 minutes 00 seconds West and the distances of 299.22 feet and 15.35 feet are not correct. The distances for the lot line between .Iots 3, 4,5, and 6, Block 3 and Outlot J of 560.42 led and 505.51 feet are not correct. (Sheet 2 of 4 sheets) That said plat is hereby corrected in the following particulars, to-wit: The bearing for the lot line between Lots 5 and 6, Block 3 and Outlot H should be South 89 degrees 56 minutes 38 seconds West and the distances should be 299.21 feet and 15.34 feet. The distances for the lot line between Lots 3, 4, 5, and 6, Block 3 and Outlot J should be 560.13 feet and 505.50 feet. (Sheet 2 of 4 sheets) NOW THEREFORE BE IT RESOLVED by the Stillwater City Council that the Certificate of Correction to Plat for Neal Meadows 3rd Addition and Settlers Glen are hereby approved. Adopted this 16th day of September 2003. ATTEST: Jay L Kimble, Mayor . Diane F. Ward, City Clerk . . . Engineering Surveying Planning LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: SETTLERS GLEN Pursuant to the provisions of Chapter 505.174, Paul A. Johnson, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: That I prepared the plat of SETTLERS GLEN, dated February 08,2001 and filed on June 06, 2001 in the office ofthe County Recorder, Washington County, Minnesota, as Document No. 3161348. That said plat contains errors, omissions, or defects in the following particulars, to-wit: The bearing for the lot line between Lots 5 and 6, Block 3 and Outlot H of South 90 degrees 00 minutes 00 seconds West and the distances of 299.22 feet and 15.35 feet are not correct. The distances for the lot line between Lots 3,4,5, and 6, Block 3 and Outlot J of 560.42 feet and 505.51 feet are not correct. (Sheet 2 of 4 sheets) That said plat is hereby corrected in the following particulars, to-wit: The bearing for the lot line between Lots 5 and 6, Block 3 and Outlot H should be South 89 degrees 56 minutes 38 seconds West and the distances should be 299.21 feet and 15.34 feet. The distances for the lot line between Lots 3, 4,5, and 6, Block 3 and Outlot J should be 560.13 feet and 505.80 feet. (Sheet 2 of 4 sheets) Dated: Paul A. Johnson Licensed Land Surveyor License No.1 0938 State of Minnesota The above Certificate of Correction to the plat of SETTLERS GLEN, has been approved by the City Council of Stillwater, Minnesota, at a regular meeting of the City Council of Stillwater, Minnesota, held on the day of ,2003. By: Clerk This Certificate of Correction has been reviewed and approved this 2003. day of By: Washington County Surveyor This instrument drafted by: McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North Plymouth, Minnesota 55447 15050 23rd Avenue North . Plymouth, Minnesota . 55447 p/70ne 763/476-6010 . fax 763/476-8532 e-mail: mfra@mfra.com Engineering Planning Surveying FR . LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: NEAL MEADOWS 3RD ADDITION Pursuant to the provisions of Chapter 505.174, Paul A. Johnson, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: That I prepared the plat of NEAL MEADOWS 3RD ADDITION, dated December 17, 2001 and filed on January 10, 2002 in the office of the County Recorder, Washington County, Minnesota, as Document No. 3207745 That said plat contains errors, omissions, or defects in the following particulars, to-wit: The bearing for the lot line between Lots 1, 2, 3 and 4 of South 00 degrees 02 minutes 06 seconds West is not correct. That said plat is hereby corrected in the following particulars, to-wit: The bearing between Lots 1, 2, 3 and 4, Block 1, should be North 00 degrees 40 minutes 36 seconds West. Dated: . Paul A. Johnson Licensed Land Surveyor License No. 10938 State of Minnesota The above Certificate of Correction to the plat of NEAL MEADOWS 3RD ADDITION, has been approved by the City Council of Stillwater, Minnesota, at a regular meeting of the City Council of Stillwater, Minnesota, held on the day of ,2003. By: Clerk This Certificate of Correction has been reviewed and approved this ,2003. day of By: Washington County Surveyor . This instrument drafted by: 15050 23rd Avenue North . Plymouth, Minnesota . 55447 phone 763/476-6010 . fax 763/476-8532 e-mail: mfra@mfra.com McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North Plymouth, Minnesota 55447 . Minnesota Lawlul Gamblinu LG220 Application fClr, E:xernpt Permit Organization Information Fee$i50 Page 1 of 2 06/03 'For Board Use Only Fee Paid Organization name ,check No. Previous lawfui gambling,exemptionnurnber Church of St. Michael Street 611 S. Third St. City Stillwater Name of chief executive officer (CEO) First rame Michael C. Skluzacek L.ast name Name of :reasurer First name Quentin Heimerman L.ast narne Type of Nonprofit Olrganization 8tateliip GodEi HN 55082 County Hashington Daytime phoQe number of CEO Include area code 6l5~439-4400 Da'ytime phone nurnber of treasurer. InClude area code Check the item theit best describe:3 your organization: Fraternal _~ Religious Veteran __ Other nonprofit organization Check the item that indicates the type of proof your organization attached to ths applicatiOn: ,__ IRS letter indicating income tax exempt status Ceiifi.:ate of Good Standing from the Minn.3sota Secretary of 8tat3's Office, A charter sho'Ning YOll are an affiliate ofa parent nonprofit organizElion ":x... Proof Jreviously submitted and on file with the Gambling Control Boare! . Gambiilng Prernises Info;:mation---- '-lame of premises wr ere gambli'ng aCtivity will be conducted (for raffles, list the site where tl1edrawipg Will take, place) 611 S. Third St., Stillwater 55082 (Church 50.cial HalH-?choo.l Cafeteria' .I\ddress (do not Lse P:) box) 611 S. Third St. City Stillwater 'Jate( s) 0' activity (for raffles, indicate the date of the drawing) State/zip cod'3 MN 55082 County 1\lashingtori _____Binf?o S~tur_daY-,-...Eovember 8, 2003 10: 00 A. M. '-2: 00 P. 11. Check the item\s i thelt indicate the:ype of gambling activity your organization willbecond~Qting' _:l:L *Blngo __ i~affles (casr prizes may not exceed $12,000) _ *Paddlewheels *pulliiqbs rripboards 'Equipment for,these c:ctivities must be obtained from a licensed distributor, This form ,1'i11 be made available in name and address will be public, alternative format (.e. I:vge prirt, Bralle) Information when received by the Board. upon request. The info"mation reql.e~,ted P.II the other information that you provide on this forn (and any aetachments) 'IV II be will be privatedata about you until the userj by the Gambling Ccntrol Board Board issues your permit. WhentheBoard (13003rd) to ,jetermire your qua:ificaLonsto issUes your permit, all ofthe information be involveo ir lawful gaTlbling activities in that you have provided to the Board in the !\linnesota. You have the right to refuse to . process of applying for your permit will SJpply the informat:on requested; however, become public. If the Board does not issue if you refuse to supoly tris informaton, tre you a permit, all the information you have Board may not be able :0 dderrline your provided in the process of applying for a qualificatiols and, i1S a consequence, llay permit remams private, with the exception refLse to issue you a permit. If you supply of your name and yo~r organization's name the informc1tion requested, the Eloard 'Nill and address which will remain public. be able to process your cpplication. Private data about you are available only to Your name and and your organi;~ation's the following: Board r1embers, staff of the . Bocrdwhosework assignment requires tha:: theyhave access totheinformation; the Minnesota Department of Public Safety; the Minr\e'~otaAttOrneyGeneral; the MinnesotaCSlJlmissipnersof ",< ,. Administration, f:nance, and Revenue; , th~ Minnesota Legislative Auditor;.national.and intErnational,garrbli ng. regulatoIY,agencies; anyone pursua~f ~o cou1 order; other ind'viduals and agenciesthatare specifically authori~ed by state orJederal law to rav~ access to the information; ind;vidualsand aljencies for which law or legal,or.jerauthorizes a new use or sharing of ilformation after this Notice was given; and anyone with your consent.. . LG220 Application for Exempt Pmrnit Organlzallor l\an1e_--~-HBRBH--e:;::' 37.--MI-€HAE-b-- Local U nit elf GO'/ernm:~nt t\cknowledgment .. - ------- Page 2 of2 06/03 . If the gambling pmmises is wii:hin city Ihnits, the city must sign this applic.3tion. On behaif of the cit'/, I acknow edqe tf--is application. If the gambling premisHs is located hi a township, both the county andtownshi,J,must sign this application. On behalf of the county, I acknowledge this application. Check the' action that thecountyistakin!l on this application. GhllGk the action that the city is laking on this appliccltion. D The city approvestheapplicajon with no waiting period D ;The county approves the application with no waiting period. , O Thecty approves the applicajon with a 30day waitmg perod, and al:ows the Board to issue a permit after 3C jays (30 ::Jays for a first class cit{l. o The county approves theapplicationwith a,30 day' waiting period, and allows the Board to issue a permit after 30dajs. [J The city denies the appli:::Cition o The Gouf")tydenies th,3 application. Print name of cill! Print nameofcounty (Signature of city per"ormel receiving application) (Signature of county personnel receiving ClPplication) Title Date Tille Date~_j TOWNSHIP: On behalf ofthe townphip,1 acknowledge that the organization is applyinq for exempted gambling activity within the township limits. . [Atownship has nostatutoiy . authority to approve or deny an application (Minn. Stat. sec. 349,213,subd.2).] Print name of township . (Sigpature oftownship otn~ial acknowledging application) Title Date l Chief Executive Officer's; Signature The infoi'matlon prO'lided in,this applic' my knowledge. :hief executive officer's siqnatLr \lame (pieaseprintl Hich;lel C. Skluzacek Date 9 J 2 1.03 Mail Application and AlttachmEmts At least 45 days prior to YJur s:heduled activity date send: . the completed application, a copy of ycurproof of n.onprofit status, and . a che.ck for $50.l'vIake:hEck payable to "State of Minnesota". i\pplicatior fees are nqt proTah~d, refundable, or transferable. Send to: GamblinqCohtrol Board 1711 West County Road B,Suite 300 South Rosevil!e" MN 55113 . Minnesota Lawful Gambling LG230 Application to Conduct Annual Off-Site Gambling Licensed Organization Information (please print all information) Organization name S1. Paul Festival & Heritage Foundation . 7 31 1 04 License expiration date Page 1 of2 8/03 No Fee License number 04985 Daytime phone number 651-223-4700 Name of chief executive officer Robert V ikmg Gambling Premises Information Name of establishmenVfunction where gambling activity will be conducted Oak Glen Country Club Street Address and Citv 1599 McKusick Road North, Stillwater (Do not use a post office box, If no street address, write in the road designations. Example: 3 miles east of Hwy. .63 on County Road 42) (Do nollist lhe gambling manager) Lease Requirement. Does your organization own lhe gambling p'''' , ,;"es? _If yes, no lease is required. ..x If no, a lease agreement must be attached (you may use lease form LG224. available from the Board. ,A lease is not required for raffles), Date(s) for off-site activity up to 12 consecutive days: Type of Gambling Activity. Check the gambling Begin date 10 I 6 I 03 End date 10 I 6 I 03 activity your organization will be conducting. _Pull-tabs _Bingo _lipboards .x....Raffles _Paddlewheels Chief Executive Officer (CEO) Acknowledgment and Oath I have read this application, and all informati~nrrue, accurate, and complete. CEO Signature ~d-'R 7J!~- A licensed OrganiZ~~ion ~;y conduct la~1 gam~ling~n-} premises other than the organization's permitted premises for one day per calendar year or within a 12-consecutive-day period in a calendar year in connection with a county fair, the state fair, a church festival, or a dvic celebration. . The person signing this application must be the CEO of your organization and have his or her name on file with the Gambling Control Board. If the CEO has changed during the term of your license and has not filed an Organization Officers Affidavit - LG200B with the Gambling Control Board, he or she must do so at this time. . This publication will be made available in altemative format (Le.large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) 10 determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. 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. This form may require the disclosure of your Social Security number. If so, your Social Security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your Social Security number is found at 42 U .S.C. 405 (c)(i). Your name and address will be public information when received by the Board. All the other information that you provide will be private data Date <? 1 1111)..'] Application and attachments: At least 30 days prior to the date of the activity, submit: 1) this application, 2) the resolution of approval from the local unit of government (dty or county), and 3) a copy of the lease agreement, if required (NOTE: No lease is required for raffles.) There is no application fee. Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Questions? Direct questions to your licensing specialist at 651-639--4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 0:>.1 --O'>:1--tUuv. 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 except for your Social Security number, which remains private. 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 address which will remain public. Private data about you are available only to the following: Board members, staff of lhe 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 10 court order; other individuals and agencies that are specifically authorized by state orfederallawto 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. Mail to: .. 1 . ~ . . . MEMORANDUM September 12, 2003 TO: Mayor and City Council FROM: Larry Hansen, City Administrator SUBJECT: Reapportionment of special assessments for 1502 & 1508 W. Olive Street DISCUSSION: Accompanying this memo is a resolution approving the reapportionment of assessments for 1502 & 1508 W. Olive Street. RECOMMENDATION: Council adopts resolution approving assessment reapportion for 1502 & 1508 W. Olive Street. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution 2003-196 REAPPORTIONING SPECIAL ASSESSMENTS FOR PARCEL NO. 29.030.20.44.0057,29.030.20.44.0058 and 29.030.20.44.0061 PURSUANT TO SUBDIVISION OF LAND. r.. "0< RESOLUTION 2003-196 REAPPORTIONING SPECIAL ASSESSMENTS FOR PARCEL NO. 29.030.20.44.0057, 29.030.20.44.0058 and 29.030.20.44.0061 PURSUANT TO SUBDIVISION OF LAND. . WHEREAS, the City Council of the City of Stillwater has adopted assessments for Local Improvements No. 340; and WHEREAS, the property owner (1502 & 1508 West Olive Street) of parcels numbered. 29.030.20.44.0057,29.030.20.44.0058 and 29.030.20.44.0061 has requested and received approval by the City Council on September 2, 2003 for a subdivision of the parcels of land; and WHEREAS, it is the policy of the City of Stillwater to reapportion assessments for parcels that receive approval for subdivisions (SUBNI03-74); and WHEREAS, the dollar amount of the special assessments outstanding for the parcels are as follows: 2003 2004 OLD GEO CODE BALANCE NEW GEO CODES CERTIFY LI 340 LI 340 29.030.20.44.0057 $251.30 1508 W. Olive $159.29 . 29.030.20.44.0058 $298.42 1502 W. Olive $175.22 29.030.20.44.0061 $17.80 New Lot $233.01 Total $567.52 Total $567.42 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater reapportions those special assessments as outlined above. Adopted by City Council this 16th day of September, 2003. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . A American Diabetes ~ Association@ . Cure · Care. CommitmentS" Mission to prevent and cure diabetes and to improve the lives of all people affected by diabetes. September 5,2003 Diane Ward City Clerk 216 North 4th Street Stillwater, MN 55082 Dear Diane and City Council Members: On behalf of the American Diabetes Association and the Stillwater America's Walk for Diabetes Committee, we would like to ask how we can hang an event banner on Main Street to help us kick-off the return of the America's Walk for Diabetes in Stillwater, on Saturday, October 4th, 2003. We would like to hang as soon as we can if permission is granted. The Walk banner could be removed the afternoon of Saturday, October 4th. The Walk will begin and end at Pioneer Park. Registration will take place from 8 - 9 AM with a group start at 9 AM. Walkers have the option of choosing and out and back 3- mile course or a 5-mile loop that will take walkers throughout parts of the city. Sister Rosalind School of Massage will be treating our walkers to free massages when they finish! . "America's Walk for Diabetes" is the American Diabetes Association's largest annual special events fundraising campaign. Every fall over 275 America's Walk for Diabetes events around the country raise money for diabetes research and educational programs for people with diabetes. We expect 2,000 people to participate in the Walks statewide and are hoping to have 150-200 participants in Stillwater! Today over 270,000 Minnesotans and 17 million American's have diabetes. Unfortunately that number only continues to grow. Diabetes affects all ages and races. For more information~about the Walk and diabetes please see the enclosed brochures. Please feel free to contact me with any questions at iwiiiiams@diabetes.orq or 763.593.5333 ext. 6728. Thanking you in advance, . ~ r . JI' .\O{ 1) . r ennifer Williams \.. \ ,jJ / (}tJJ Stillwater America's Walk for Diabetes Coordina\or and Committee If:l' \ ~,t American Diabetes Association ~ \' #,0 \}X' ~~_\\l ~ ~.~ , w~nV . Minnesota Area' 715 Florida Avenue South, Suite 307' Golden Valley, MN 55426-1759 . Tel: (763) 593-5333' Fax: (763) 593-1520 For Diabetes Information Call1,aOO,DIABETES ' http://www.diabetes.org The Association gratefully accepts gifts through your will. . +; 1 ,~!,~ter I" D ~ j. [ v , I . ". . ~~- ,..~\ -.....' .~ THE B7"R;H'PLACE OF MINNESOTA J NOTICE OF HEARING ON THE ASSESSMENT FOR LI 297, WILLIAM STREET (1994) AND LI 284, MYRTLE RAVINE DRAINAGE (1994) September 3, 2003 Connie Koepp & Pamela Grady 109 N. William Stillwater, MN 55082 Notice is hereby given that the council will meet at 7: 15 p.m., or as soon as possible thereafter, September 16, 2003, in the City Council Chambers at City Hall, 216 N. 4th Street to certify the Senior Deferred assessments for LI 297, William Street (1994) and LI 284, Myrtle Ravine Drainage (1994). The improvement consisted of: Streets & Drainage Your Parcel described as follows: 28.030.20.31.0062 _The amount to be specially assessed against your particular lot, piece, or parcel of land is $4,510.06. ~he following is explanation of costs. Drainage Streets $724.72 $3,785.34 NO ADDITIONAL INTEREST WILL BE CHARGED IF THE ASSESSMENTS ARE PAID IN FULL BY NOVEMBER 15,2003. If payment is not received by November 15,2003, the amount listed above will be collected over a 1 O-year period with interest added at 6.75% per year on the unpaid balance. The installment will be collected with the property taxes that are paid to Washington County. You may at anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or in part) to the City of Stillwater. The deferred assessments are being certified because the individual granted the deferment no longer retains ownership of the property. Diane F. Ward, City Clerk . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . .. MEMORANDUM ( To: Mayor and City Council ~, From: Sue Fitzgerald, Planner ,~ Date: September 16, 2003 Subject: Sign Ordinance Backm-ound Council directed staff at the August 19, 2003 Council meeting to explore possible options to change the sign ordinance that pertains specifically to garage sale signs, Ootions 1. Citywide garage sales, one in the spring and one in the fall, as it is done in a number of cities. Woodbury would be a good example, although they have only one sale a year. . The Lions Club organizes the event, permits the people for a small nominal fee all that want to have a garage sale, and distributes the maps. (This may not eliminate sales and signage at other times). , 2. Garage sale signs of a certain size could be placed in off site yards, (not in the public right of ' way) of private property owners, with the consent of the owner. 3. Garage sales could be advertised on a central bulletin board provided by the City. . 4. The City could control pla~ment of signs by "permits, "A nominal permit fee would be . charged. The applicant would fill out a form that indicated when the sale would occur and ' where signs would be placed. If signs were placed off site, permission from the l'uVperty owner would need to be provided. For Councils' information, staff has been contacted by real estate organizations that have said that whatever is decided about garage sale signs should also pertain to real estate signs, t 81.1 , , ," " ", . ". ~ .', . .... .. ~~ STILLWATER CODE CD31:68 ../ (2) to the safety and convenience of the com- munity. Adequate, attractively designed and functional facilities for off-street load- ing shall be iBiorpolJltedas nece8S~:iri': ' . " 'conj~nction wfth.new\Jsesof.lancl,i~~he:;.,' . city. General provisions. For every building erected, which is to be occupied by man- ufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hos- pital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the require- ments in this subdivision, parking shall be so graded and. drained as to dispose of all surface water from within the area; in no 'case shall'such drainage be alloW~ '.' \. :.':. to cr08s,sidewalks. h, Marking, Parking spaces within a facility shall be clearly painted and delineated. ': , i. Lighting. Any lights provided to illu- minate any parking facility permit- ted by this subdivision shall be ar- ranged so as to reflect the light away from any adjacent properties, streets or highways, j, . Landscaping and screening, Land- scaping shall be provided in new parking lot construction and recon- struction. Landscaping is employed to diminish the visibili ty and impact of parked cars by screening and vi- sually separating them from sur- rounding activities and the street; to , provide shade and relief from paved . 10,000 to 24,999 square areas; to channel the flow of traffic; : : feet' . and generally contribute to good site 25,000 to 49,999 square design. Trees, shrubs, ground cover- feet ing and earth berming shall be used For each additional for lot landscaping. Every parking 50,000 square feet or ma- jor fraction thereof 1 facility abutting property located in residential districts shall be sepa- b. Each loading space shall be not less rated f.. UIoU, such property by a wall, than ten feet in width, 30 reet in planter ~r_a view-obscuring fence; or length and with an overhead clear- a raised landscaped mound of earth, anee of 14 feet. sand stones or the like; or by a c, The space may occupy all or any part pennanently maintained compact ~v- of any required yard or court space, ergreen hedge; or a combination of except for any exterior side yards; anyoftheprecedingtreat~ents.Such:. '. 'and shall not be located 'closer than. screening devices shall be six feet in.' ~:. "': 50 feet,io any lot inan R district, '. height, measured' from the grade of' , '. . . '. unleSs inside a structure or Sepa- the finished surface of such parking rated from such district by a wall not facility, along the abutting residen- less than eight feet in height, pro- tiaI property. vided a conditional fence permit is approved. Subd. 25.1. Off-street loading facilities. Off- (Ord No 831 9-3.96) street loading facilities shall be regulated as fol- ." . lows: . .)~ . Subd. 26. Sign regulations. Sign regulations (1) Purpose. The purpose of the regulations for this section are a~ follows: in this subdivision is to reduce street (1) Purpose, Signs have an impact on the c~ngestion and traffic hazards; and to add character and quality of the environment. (3) Req uired areas, Required areas are as follows: a. Gross Floor A~a Required Loading SpQCt!s . 1'" .. . 2 . .. . . .' ... ZONING They attract or repel the viewing public and affect the safety of vehicular traffic. As a historic community. this city is unique. The proper control of signs is of particular importance because of this historical qual- ' ity and uniqueness. Signs must be kept within reasonable boundaries consistent with the objectives and goal~ 9f the com- munity to retain its special character and economic advantages which rest in part on the quality of its appearance. The standards in this subdivision are there- fore adopted to regulate signs, (2) Permits required. All signs require both design review approval -and a building permit. An application for design review may be obtained from the community development director. The application must contain the following information: a, A drawing of the proposed sign show- ing dimensions and describing mate- rials, lettering, colors, illumination and support systems, b, Photographs of the building face and the building faces of any adjacent buildings. c. A drawing of the building face and site plan showing the location of the proposed sign. d, ,A cross section of the building face. showing how the sign will be at- tached and how far it will extend from the building, e,. Any pictorial proof or other informa- tion that the sign is of historical significance or is a reprod uction of an historic sign. , f. A building sign plan for a building with more than one use or business, showing all signs, (3) Definitions. The following words, terms and phrases, when used in this subdivi- sion. shall have the meanings aSeD.bed to them in this subsection. except where the context clearly indicates a different mean-, ing: Awning sign means any sign that is painted on or attached to an awning, CD31:69 f 31-1 Banner means a sign intended to be hung . either with or without a frame possessing character, letters, illustrations or orna- mentations applied to paper,plastic or fabric, but not flags, emblems and insig- nia or political, professional, religious, educational or corporate if the flags, em- blems and insignia are displayed for non- comm~cial purposes, Billboard means a non accessory sign erected for the purpose of advertising a product, event, person or subject not usu- ally related to the premises on which the sign is located, Building sign plan means an illustration that shows all signs on a building or group of related buildings, Construction sign means a sign. at a con- struction site identifying the project, Directional sign means an official sign that contains no advertising and provides direction or instruction to guide persons or vehicles, 2.. t::.~, To,... Electrical sign means signs and displays using electrical power. Flashing sign means an illuminated sign that is not kept constant in intensity of light or color when the ,sign is illumi- nated. Freestanding sign means any stationary, self-supporting sign standing on the ground not affIxed to a structure, including mon- ument, ground or pedestal signs. Governmental sign means a sign erected by a governmental unit for identification or traffic, . Graphic sign means any mural or picto- rial scene or graphic design painted on the side of a wall or building or painted on a sign board affIXed to a wall and in which a mural or scene has its purpose artistic effect. Historical sign means a sign that is of historical significance or that is an histor- ical resource within the meaning ofMinn, Stat. ch. 1168. f 31.1 "" STILLWATER CODE Holiday sign means signs or d~plays that depict messages regarding a national, state or local holiday. Illuminated sign meanS a .'sign that is lighted by an artificial light SOlJrce either' directed upon it or illuminated from an interior source. Integral sign means a commemoraUve table pennanently constructed as part of a building, Marquee sign means a penn anent I"()Of- like structure extending from part of the wall of a building and constructed 'of du'-'-' .." / . rable material. ,- ........ Mobile sign means signs on wheels or that can be easily moved from place to place. I Moti~n sign means a sigIl that revolves, rotates, has any moving parts or gives the illusion of motion, . \ Nameplate sign means a sign that states the name and/or address.6f the business, industry or occupant. ./ ,. Political sign means signs announcing a candidate seeking office or issues to be voted upon on a public election. Portable sign means a sign that is de- signed to be moved, Projecting sign means a sign projecting from a building wall. Public signs means official signs depicting danger, safety, trespassing, traffic s......J limits, scenic or historical points of inter- est and memorial plaques. Public utility sign means signs that iden- . tify ,Public utilities, , , . .' Sign means a display, illustration, struc- ture or device that directs attention to an object, product, place, activity, person, in- stitution, organization or business. The tenn does not include the United States flag or a governmental flag properly dis- played. Sign area means the area framed visually by the construction, design or layout of a sign. CD31:70 .: Sign structure means the SU"I' ...18, up- rights, braces and framework of the sign. Temporary sign means a sign constructed ' of paper, cloth, canvas. or other ',similar '. lightweight materIal and' signs intended to be displayed for a short period of time. Three-dimensional sign means a type of projecting sign that depicts a physical object, Real estate deuelopment sign means a sign intended to sell or promote a development project of three or more acres, Real estate sign means a business sign placed upon a property advertising that property for sale, rent or lease. Roof sign means a sign that is erected over the roof of a building. ~ Rummage sale sign means a sign adver- , ., ~ tising a rummage or garage sale. Wall sign means a sign attached, painted , on the wall of abuilding with the exposed face of the sign plane parallel to the plane of the wall, Window sign means a sign affixed to a window or door glass, but not merchan- dise on display. (4) General prouisions. The following provi- sions apply to signs located in all zoning districts: a, All signs and sign structures must be properly maintained and con- structed of sufficiently pennanent materials so they will resist weath- ering, Any existing, sign that is rot- ted, unsafe, deteriorated, defaced or . altered must be repaired or replaCed. b. Electrical signs must be installed according to the state electrical code. ' ~ c, No signs other than governmental signs may be erected or temporarily placed within any street right-of- way or upon public lands or ease- ments or right-of-ways without city . council approval, . . . . - .. . . . ZONING (5) d. No sign or sign structure. may be erected or maintained if it prevents free ingress or egress from anydoorJ window or fire escape. No sign may be attached to .a standpipe or fire . escape. e. A30-day temporary sign permit may be granted by the community devel- opment director for special business events. . f. Signs or supporting structures not used for signs for 12 consecutive months must be removed, g. The city may grant a permit to locate signs or decorations on, over or within the right-of-way for a specified pe_ riod of time, h, All signs must be compatible with the building and neighborhood where located. i. No more than three flags may be displayed outside of a building, j, A sign must not obscure architec- tural features of a building, k, A building address is not a sign. I. The tenns of this subdivision may be waived if the sign is an historic re- source or if the sign is a reprod uction of an historic sign, m, Graphic design signs require a spe- cial use pennit, Permitted signs" The following signs are allowed without a permit in all zoning districts but must comply with this, sub- division: ' a. Public signs, integral signs, political signs and safety signs. . b. Size. The size of a political sign is regulated as follows: 1. Residential and CA districts: The maximum sign size is six square feet in area with a max- imum height of four feet. 2, IP districts: The maximum size is 35 square feet in area, Not- CD31:71 f. ~ f 31-1 c, withstanding this provisionJ all noncommercial signs of any size may be posted from August 1 in f a state general election year until ten days following the state election. Holiday signs for a period not to exceed 60 days, Construction signs, The signs must be confined to the site and must be removed within two years of the date ofissuance of the first building per- mit or upon completion of the project, whichever occurs first, One sign is permitted for each street the project abuts, No sign may exceed 32 'square feet in multifamily residential, com- mercial and industrial districts and 12 square feet in single-family resi- dential districts, Real estate signs are limited to six , square feet in residential districts and 32 square feet in commercial . districts, Signs must be removed within ten days after sale or rental of property, Rummage sale signs not exceeding four square feet located on private property that conform tathe appli- cable provisions of this ordinance and are removed at the termination of the sale. One nameplate sign, placed on a, wall of the structure, for each dwell- ing not exceeding two square feet in area per structure, No signs shall be so constructed as to have more than two surfaces, One nameplate for each dwelling group of six or more units. The sign may not exceed six square feet in area per surface. No sign may be constructed to have more than two surfaces, Real estate development project signs. For a development project of three to 25 acres, one sign not to exceed ,100 d, e, g, h. i. f 31-1 STILLWATER CODE square feet of advertising surface.. may be erected on the project site. For projects of 26 through 50 acres,' one or two signs not to exceed 200 aggregated square feet of advertis- .' ing surface may be erected.F'or, projects over 50 acres,.' one, two or three signs not to exceed 300 a.:.t;... ,,_ gate square feet of advertising sur- face may be erected, No dimension shall exceed 25 feet exclusive of sup- porting structures, The sign may not remain after 95 percent of the project is developed, The pennit for the sign must be renewed annually by the city council, and must be bordered with a decorative material compati- ble with the surrounding area. If the signs are lighted, it must be illumi- nated only during those hours when business is in operation or when the model homes or other development are open for conducting business, j. No sign permit is required for win- dow sign age that does not cover mOI:e than one-third of the total area qf the window in which the sign is displayed. (6) ProhibitlJrJ...mgns, The following signs are prohibited in all zoning districts: a, Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traf- fic control device, b, Any sign that contains or imitates an official traffic sign or signal, ex- cept for private, on-premises direc- tional signs, c. Off-premises advertising signs ex'- ,* cept as regulated by this' subdivi- sion, d, Any sign that moves or rotates in- cluding electronic reader board signs, except approved time and tempera- ture infonnation signs and barber poles, No sign may display any moving parts, be illuminated with any flash- e. CD31:72 . - f. g. ing or intermittent lights or may be animated, except time and tempera- ture information. All displays must be shielded to prevent allY light ::..... impairing the vision of anYdrlver. No deviCe may be illuminated to obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. Roof signs, Any sign with banners. pennants, ribbons, streamers, string of light bulbs, spinners or similar devices, except where used for noncommer- cial PUrposes or as part of an ap- proved sign plan. Portable signs including signs with wheels removed, attached tempo- rarilyor permanently to the ground, Signs mounted on a vehicle for ad- . vertising purposes, parked and visi- ble from the public right-of-way, ex- cept signs identifying the related business when the vehicle is being. · used on the nonnal day-to-day oper- ations of that business. Hot air or gas filled balloons or semi truck um- brellas used for advertising, Signs painted directly on building walls unless approved by sign, per- mit, Illuminated signs or spotlights giv- ing off an intermittent or rotating beam, Revolving beacons, beamed lights or similar devices. Signs supported by a guy wire, No sign may be erected, placed or.' maintained by any person on rocks, fences or trees. No sign may be erected that will interfere with any electric light., power, telephone or telegraph wires or the supports thereof. Graphic design signs unless ap- proved by sign pennit. .: h. . i. j. Ie. 1. m. n. 0, . ... .-' .. ZONING (7) p. Billboards. Permitted signs in residential districts. Signs permitted in residential districts are as follows: a, Professional nameplate wall signs not exceeding two square feet in area. b. Integral signs, c. Political signs, d. Real estate signs, e, Construction signs, Bulletin boards or public informa- tion signs not over 32 square feet located only on the premises of pub- lic. charitable or religious institu- tions, Permitted signs by a sign permit in the central business or. general commercial district, The following signs are permitted in the CBD-central business or CA-gen- eral commercial districts with a sign per- mit: , ; f. (8) .. a. General requirements, All signs in the CA-general commercial or CBD- central business districts are regu- lated by the following requirements: 1. Number. One wall. monument. awning and canopy, or three dimensional sign is allowed per business. When a building or business abuts two or more pub- lic streets. an additional sign located on each street building face is allowed. 2. Sign plan. When there is more than one business or use in. a building with more than one sign. a building sign plan must be provided with the sign per- c, mit application, 3, Permit review. All signs in the cen tral business district re- quire a design permit and meet , the approved downtown design guidelines for signage, 4. Other requirements. All signs . must meet area. location and height requirements, CD31:73 f 31.1 b. Wall signs. Wall signs in the CBD or CA districts shall meet the following requirements: . fl. Area, The total building signage may have an aggregate area' not exceeding one square foot for each foot of building face ' 'parallel or substantially paral- lei to a street lot line, 2, Location. A wall sign may not project more than 16 inches from the wall to which the sign is affixed. 3, Height. A wall sign may not project higher than the p~pet line of the wall to which' the sign is affIXed or 15 feet as measured from the base of the building wall to which the sign is affixed. whichever is lower. 4. Lighting. Externally illuminated or back lit letters are allowed. but no internally illuminated signs are allowed. 5, Special conditions, Where a' principal building is devoted to. two or more permitted uses, the operator or each use may install a wall sign for their use. A sign plan must be submitted for the entire building. The to- tal gross sign age for. the entire building may not exceed one square foot for each foot of the building face parallel. or sub- stantially parallel. to a street lot line with a minimum of 25 square feet per business, Freestanding signs. Freestanding signs in the CBD or CA districts shall meet the following require- ments: 1, Area, The area of a monument type freestanding sign may not exceed 30 square feet, 2, Location, A monument sign may be located in any required yard f 31-1 STILLWATER CODE but must have a setback of 15 feet from any point of vehicular access, public roadway or prop- . erty line, ' 3, Height" A monUment sign may " not project higher than six feet, as measured from the base of sign or grade of the neafest roadway, whichever is lower. 4, Landscaping, The area around a monument sign must be land- scaped, 5. Lighting, Externally illuminated or back lit letters are allowed, but no internally illuminated signs are allowed, d, . Awning and canopy signs. Awning , and canopy signs in the CBD or CA districts shall meet the following re- quirements: 1. Area. The gross surface of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affIxed. 2. Location. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy, e, Three-dimensional sign. The total area of a three-dimensional sign in the CBD or CA districts is deter- mined by enclosing the largest cross section of the sign in an easily rec- ognized geometric shape and comput- ing its area. The area may not ex- ; ceed nine square feet. e. Projecting sign. A projecting sign in the CBD or CA districts shall meet the following requirements: 1. Area, The total area of a pro- jecting sign may not exceed six square feet. 2, Special conditions, A projecting sign must be easily visible from the sidewalk and not be a haz- ard to pedestrians, CD31:74 .. ,. ..: 3, Lighting. If lighted, projecting signs must be externally illumi- nated, , (9) Permitted sitgns by, a, sign permit in BP- business park districts, Ail commercial, office and industrial signs in all BP dis- tricts are subject to the following .condi- tions: Qne wall, freestanding, awning or canopy sign per business is permitted subject to the following requirements: a. Wall signs. Wall signs in the BP district shall meet the following re- quirements: 1. Area. The gross surface area of a wall sign may not exceed one square foot for each foot of build- ing, parallel or substantially par- allel to the front lot line, 2, Location, A waU sign must be located on the outermost wall of any principal building but may not project more than 16 inches from' the wall to which . the sign is afflXed. The location and arrangement of all wall signs is subject to the review and approval of the commuriity development director. 3. Height. A wall sign may not project higher than the. parapet line of the wall to which the sign is afflXed or 20 feet as measured from the base of the building wall to which the sign is afflXed, whichever is lower. 4. Special conditions, Where a principal building is devoted to two or more uses, the operator of each use may install aw'all sign upon each share of the building. A sign plan must be submitted for the entire build- ing that shows the location, sizes, types and elevations of all signs, The signs are subject to the following restrictions: i. Ail signs must be visually consistent in location, de- . sign and scale. * ..... .' '. ZONING ," " ii. The total gross signage for the entire building shall not exceed one square foo~ for, each foot of building face' parallel, or substan-' tially parallel, to a street lot line or a minimum of 25 square fee! per busi- ness, b. Freestanding signs, Freestanding signs in the BP district shall meet the following requirements: 1, Area, The gross surface area of a ground sign may not exceed 100 square feet for each ex- posed face nor exceed an aso... c- gate gross surface area of 200 square feet. 2, Location. A ground sign must be set back 15 feet from the front or side property line, 3. Height. A ground sign may not project higher than 25 feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. 4, Number. There may be one free- standing sign per development site, c, Awning, canopy or marquee signs, Awning, canopy or marquee signs in the BP district shall meet the follow- ing requirements: 1. Area, The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. 2, Location, A sign may be affixed to or located upon any awning, canopy or marquee. 3, Height. An awning, canopy or marquee sign may not project higher than the top of the awn- ing, canopy or marquee to which the sign is affixed. . . CD31:75, f 31-1 d. Multitenant master sign program. A , building master sign program is (for multi tenant commercial buildings) besides the individual tenant and occupant signs, A building master identification sign is permitted ac- cording to the following require- ments: 1. Building master identification signs may not contain the names of any tenants or occupants of the center. 2, If the multi tenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestand- ing sign with a maximum of one square foot of sign for each five feet of building frontage or . 40 square feet maximum with a maximum height of eight feet, 3. If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a mas- ter identification sign with a maximum of 75 square foot on each side and with a maximum height of 20 feet, 4, If the multitenant commercial building has a floor area of greater than 100,000 square feet, the center may have a master identification sign with a maximum area of 120 square feet on each side and a maxi- mum height of 25 feet. ' (10) Directory signs. Directory signs are"used to guide pedestrians to individual busi- nesses within a multitenant commercial area and are pennitted in BP business park districts, subject to design review, a. Placement, Directory signs must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. f 31-1 . ' srILLWATER CODE ..- b. Area. A directory sign may have max-' imum area on one square foot for each business listed on the sign and four square feet for the name of the building or complex. c. Size, Directory signs may be free- standing but may not exceed 61f2 feet in height, ' , d. Use. A directory sign may only be used for directions and identifica- tion. (11) Automobile service station signs, Automo- bile service stations may have one wall sign and one ground sign, subject to the following conditions: a. Wall signs, There may be no more than one wall sign with a maximum sign area of one square foot for each linear foot of building frontage. b. Freestanding signs, There may be no more than one freestanding sign for each principal building, A freestand- ing sign may be set back 15 feet from the front and side property line, A freestanding sign may not project higher than 20 feet as measured from grade or contain more than 65 square feet of signage. c. Service bay and island identifreation signs. Service bay and island identi- fication signs are permitted provid- ing direction or instruction to per- sons using the facility but containing no advertising material. (12) Special sign height limits. Because of the character of the area, including existing and proposed land use, special sign height limits for freestanding signs are required - for certain streets as follows: a, Curve Crest Boulevard from South Greeley to Washington Avenue and Orleans from Washington Avenue to County Road Five, six feet, b. County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from Orleans to Highway 36, 20 feet. CD31:76 c. Washington Avenue LUAU TWlU'-. to Orleans Street, six feet. (13) Nonconforming uses. Nonconforming signs that are unlawi'ul on December 20, ,1988,' have rights outlined in subdivision (9) of' this section with respect to their alter- ation, extension, restoration and abandon- ment. Any person violating or failing to comply with any provision of this subdi- vision will, upon conviction, be guilty of a misdemeanor. (14) Violations, Ifviolations ofthis subdivision are unabated 30 days after written notice to the record owner of the property on which the sign is located, the city may proceed to abate and remove the violation ' , and, if deemed necessary, to have cost thereof specially assessed against the lot or parcel where the violation was located, (Ord. No. 764, 8-4-92; Ord. No, 690, 2-7-89) Subd, 27, Grading permits, (1) Enumeration of actions requiring. No per- . son may undertake, authorize or permit any of the following actions without first having obtained a grading pennit from the city: a. Any excavating, grading, filling or other change in the earth's tOP"'6& "'- phy resulting in the movement of more than 50 cubic yards of mate- rial, except in any designated wetlands, floodplain or shoreland dis- trict; - b. Any excavating, grading or filling or change in the earth's topography in . any designated wetlands, floodplain . or shoreland district; c. Any mining operation for gravel or other materials; or d, .Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adja- cent property. (2) Activities not requiring, Notwithstanding . subsection (1) of this subdivision, no grad- . , ~ . '1 , . . . . J MEMORANDUM t To: Mayor and City Council From: Sue Fitzgerald, Planner Date: September 16, 2003 Subject: Sidewalk Use Permits Sidewalk use permits were discussed at the August 19,2003 Council meeting. Council directed staff to review the subject. After reviewing sidewalk widths in the downtown area and the amount of pedestrian traffic in the summer, it is staffs recommendation that Council discontinue issuing sidewalk permits for city right of ways. Another issue connected with the permits is with food and beverage being served on the sidewalk. Some of these restaurants serve alcohol and their liquor license does not permit this. Two businesses currently have tables on the public sidewalk. Although their licenses have expired (see attached). It is recommended that the City send a letter to the two businesses informing them that restaurant seating on the public sidewalk will not be permitted in 2004. Recommendation Discontinue restaurant seating on public sidewalks due to lack of space for seating and pedestrian traffic. (. -.. .. RESOLUTION 98 - 43 APPROVING MUNICIPAL LICENSES FOR SIDEWALK USE FOR MARLENE'S DELI, STILL WATER GRILL, AND SAVORIES WHEREAS" arequest has been received from Marlene's Deli, St~lwater Grill'and Savories Restaurants fora license to use the sidewalk in front of their establishments to serve food; NOW THEREFORE, BE IT RESOt VED, by the City Council of the City of Stillwater, Minnesota, hereby approves the issuance of a Municipal License for Sidewalk Use to Marlene's Deli, Stillwater Grill and Savories. Adopted by Council this 17th day of February, 1998. .-:Lf ;/V' ~ Kimbte', Mayor Attest: J[ J;;LO.A J Lu&J~ Morli,Weldon, City Clerk 1..r r .. . . . .>> . . . MUNICIPAL LICENSE The City of Stillwater, a Horne Rule City of the Third Class ("City") hereby grants a license to Savorieson the foHowing terms and conditions: t , 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of b6siness at 108 N. Main St, (Sidewalk). 2. Savories and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and no/1 00 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. -.. 10. The licensee also agrees to indemnify and hold the City of Stillwater hannIess from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property . and the exercise of its rights under this license. I I. This license is effective when accepted by Savories and evidence of insurance required by S7 is presented to the City. t Approved by the City Council of the City of Stillwater this {7tt::; day of 1---Ll~ ,1998. CITY OF STILL WATER ~L~ JaY~~r . ATTEST: !Y~ (~ Morli W ~ldon, Clerk , ACCEPTANCE . The terms of this license are accepted by the undersigned this , 1998. day of SA VORIES By Its 2 . . . . - MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to Marlene'sDeIi on the following terms and conditions: !' 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of b~siness at 224 E, Chesnut St. (Sidewalk). 2. Marlene's Deli and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside ifhighwinds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and nolI 00 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. . - " 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from . any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. 11. This license is effective when accepted by Marlene's Deli and evidence of insurance required bYS7 is presented to the CitY.r Approved by the City Council of the City of Stillwater this. / 1 ~ day of f"~, 1998. CITY OF STILLWATER Ja#P ATTEST: ~~..l.tJ~~ Morli feldon, Clerk . ACCEPTANCE The terms of this license are accepted by the undersigned this ,1998. day of MARLENE'S DELI By Its . 2 . . . . 1\1UNI CIP AL LI CENSE The City of Stillwater, a Home Rule City of the Third Class ("City")hereby grants a licehse to the Stillwater Grill on the following terms and conditions: r Sidewalk in front of business at 131 S. Main St. 1. The sidewalk that is subject to this license is an area described as follows: (Sidewalk). 2. The Stillwater Grill and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside ifhigh winds or other bad weather threaten to blow the property about. The City reserves the right to ttlEiuire the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and nolI 00 dollars (5600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. ~... ., .....,. 10. The licensee also agrees to indemnify and hold the City of Stillwater hannless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. II. This license is effective when accepted by the Stillwater Grill and evidence of insurance required by 97 is presented to the City. r Approved by the City Council of the City of Stillwater this 1.vl~ ,1998. /1 c:G day of CITY OF STILLWATER ~oY~ J~~~~ayor/ ATTEST: ~~~ WJ.L Morli eldon, Clerk ACCEPTANCE The terms of this license are accepted by the undersigned this , 1998. day of THE STILL WATER GRILL By Its ') .. ~"" " .. , . . . ~ .; MEMORANDUM . TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Deferred Assessments DATE: September 2, 2003 As directed by Council at their September 2, 2003 meeting attached is a resolution canceling certain deferred assessments that will be uncollectable as the properties are now built upon and further subdivision would not be allowed RECOMMENDATION: I recommend that Council adopt the attached resolution to discharge the following assessments and direct staff to notify the County Recorder to the cancellation of these deferred assessments. . Plat/Parcel Principal Accumulated Interest 29.030.20.34.0007 $ 62.80 $ 13 .20 31.030.20.11.0019 183.44 51.36 31.030.20.11.0028 107.80 30.20 * 31.030.20.11.0082 432.78 121.16 31.030.20.11.0083 100.86 28.24 * 32.030.20.14.0007 716.94 200.76 32.030.20.21.0008 93.88 26.28 32.030.20.21.0009 211.23 59.16 32.030.20.21.0029 55.57 15.56 * 32.030.20.22.0035 304.93 85.40 32.030.20.23.0022 98.29 27.52 32.030.20.23.0023 99.89 27.96 32.030.20.32.0016 220.02 61.60 Total: Balance $ 76.00 234.80 138.00 553.94 129.10 917.70 120.16 270.39 71.13 390.33 125.81 127.85 281.62 $3436.83 * Indicates properties that are now built upon in such a way that further development of the property is impractical. . ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution 2003-_ CANCELING CERTAIN DEFERRED ASSESSMENTS. ~ '- CANCELING CERTAIN DEFERRED ASSESSMENTS WHEREAS, it has come to the attention of the Administration of the City that property . has changed hands several times, in certain cases where deferred assessments should have been due on the sale or transfer of that land; and, WHEREAS, records are kept at the City Hall listing the PlatlParcel Number of each property on which a deferred assessment has been spread, however, it is the practice of title companies and title insurance issuers to forego the written assessment search with the City; and, WHEREAS, since no written request is made of the City, there is no way for the City to track ownership of these parcels and, thereby determine if a deferred assessment becomes payable; and, WHEREAS, in the instances listed on attached Exhibit A, property was unwittingly purchased by new owners who purchased without knowing of the deferred assessment, since their title insurance company or title insurance provider did not request an assessment search of the City before their purchase; and, WHEREAS, in the instances described in these Resolutions, the amount of deferred assessment is relatively small and the costs of protracted litigation to collect these deferments exceeds the value of the deferred assessments to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, as follows: . 1. That the following PlatlParcel's described by Parcel No. on Exhibit A, and the principal and accumulated interest with regard to each deferred assessment on that property be and the same are hereby discharged and that appropriate instruments, if necessary, be directed to the County Recorder to document the cancellation and Notice of the Cancellation be communicated to the owners of the affected parcels. IN WITNESS WHEREOF, the City Council has set their hands this 16th day of September 2003. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk . ~ . / . EXHIBIT A DEFERRED ASSESSMENTS Plat/Parcel Principal Accumulated Balance Interest 29.030.20.34.0007 $62.80 $13.20 $76.00 31.030.20.11.0019 183.44 51.36 234.80 31.030.20.11.0028 107.80 30.20 138.00 31.030.20.11.0082 432.78 121.16 553.94 31.030.20.11.0083 100.86 28.24 129.10 32.030.20.14.0007 716.94 200.76 917.70 32.030.20.21.0008 93.88 26.28 120.16 32.030.20.21.0009 211.23 59.16 270.39 32.030.20.21.0029 55.57 15.56 71.13 32.030.20.22.0035 304.93 85.40 390.33 . 32.030.20.23.0022 98.29 27.52 125.81 32.030.20.23.0023 99.89 27.96 127.85 32.030.20.32.0016 220.02 61.60 281.62 . . . . Vlemorandum To: From: Date: Subject: Mayor and City Council Diane Ward, City Clerk 9/11/2003 Planning Commission Appointment As directed by Council, staff readvertised for the Planning Commission and received applications from Mike Dahlquist (Ward 3), Kirk Roetman (Ward 4) and Margaret (Betsy) Glennon (Ward 1). Also attached is the Planning Commission list for your reference ACTION REQUIRED: If Council wishes to appoint one of the applicants, Council should pass a motion adopting a resolution appointing the applicant to the Planning Commission to fill the expired term of Russell Hultman, which expires on January 1, 2005. ~ . . . '" ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF STILLWATER, WASIDNGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POw.tlR COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF STILLWATER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPUR~.tl.NANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE \..J.~ r COUNCIL OF THE CITY OF STILLWATER, WASIDNGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Stillwater, County of Washington, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota cotporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A writing s.:.Lv"d by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 " , Public Way. Any street, alley, walkway or other public right-of-way within the City. . SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and appLvved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: \y!ri.tten Acce!>tance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, &~~~ . 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dj,s9ute Resolution.. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must prompdy meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may joindy select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be pennitted by law or equity for breach of contract, or either party may take any other action pennitted by law. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt nonnal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be . subject to pennits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement Company may abandon 2 . underground 8ectric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to . the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall .I:'...uv~de field locations for its und"-'-5..v..md Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Ooenings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, as required by Chapter 24 of the Stillwater City Code, for which the City may impose a degradation fee not to exceed the maximum restoration costs shown in plates I to 13 in Minn. Rules ~7819.9900 to 7819.9950. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open aM disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. If the Company is aggrieved by a decision of the City Engineer with regard to the Engineer's determination of the amount of a degradation fee, the Company may appeal the determination to the City Council. The appeal may be brought by voice or mail and must be heard by the City Council at the first meeting after the notice of appeal is given. . 3.4 Restoration: After undertaking any work .requiring the opening of any Public Way or Public Ground, CompanyshaIlrestore the same, includiug paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as prompdy as weather permits, and if Company shall not prompdy perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. CV"".l.t'any shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City h(:1:eby waives any requirement for Company .to post a construction performance bond, certificate of insurance, Jetter of credit or any other form of security or assurance that may be required, under a separate existing.or future ordinance of the City, of a person or entity obtaining the City's pennission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Dama~ to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Ek...L.:c Facilities while performing any activity. 3.6 Notice of Im!>rovements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement The notice must contain: (i) the nature and character of the impruv...wents, (11) the Public Ways and Public Grounds upon which the improvements are to be made, (ill) the extent of the imt'..v .rements, ~v) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of . the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. . 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of 3 . such poles ,or towers by Company, by another electric utility, by a telephone utility, or by any cable . television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SEl..IION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense. the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground City may require Company at . Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground 4.3 Prolects with Federal Funding. Relocation, removal, Qr. rearrano.:.~.uent of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be ~V~ w..ued by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to .facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a CViupany right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. . 4 . . . SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City hannless from any liability arising theref..v~u., and subject to pennit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and hannless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of pennits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to CVUA.l'any within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. 1bis section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its VWLl behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric FaCilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the fonn of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 SECTION 9. FRANCHISE FEE. . 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Month Residential Sm C & 1- Non-Dem Sm C & I - Demand Large C & I Public Street Ltg Muni Pumping -N/D MuniPumping - Dem $2.00 $2.50 $18.00 $18.00 $125.00 $2.00 $18.00 9.2 Se!>arate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been s.:.... ~.;.d upon Company hy certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted . ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the 'City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser . franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 T .:.....D.S Defined For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable . customer classification in all customer billings for electric service in each class. The payment shall be 6 . . . . due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall nieet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically p~tted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee L.V.LU its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollecti.bles, refunds and correction of C-.LI.vueous billings. Company agrees to make its records available for inspection by the City at reasonable times pLv~~ded that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement Sl.lmmllri'7.1ng how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Re~uirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to tun- machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically c:onsentsin writing to a franchise or. separate ordinan.ce . collecting. or failing. to collect a fee from another en':'LfiY supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. '# 9.6 Ten-Year Reopener. At any time after the 9th anniversary of this franchise agreement, the City may request an amendment to be effective as of any company billing month following the 10th anniversary of this franchise agreement and pursuant to Section 11, to impose a greater fee on one or more of the Classes of customers, subject to the provisions of Section 9.2, and/or a different fee dt'<:i~. including but not limited to, a percentage of gross revenue from Company's operations within the City. If the City proposes such an amendment, it shall notify Company no less than six (6) months prior to proposed effective date of the new fee. Prompdy thereafter, Company and the City shall attempt to negotiate an mutually acceptable modification to the fee amount and design for intended future collection by Company. If City and Company are unable to agree on a modification, and either party accuses the other of not bargaining in good faith, the dispute on that issue may be resolved pursuant to Section 2.5 of this franchise ordinance. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held 7 . mValld, It shall not affect any other section, provision, or part. Where a provision of any other City . ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limi,t.ation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either. party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended. at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. . Passed and approved: .,2003. Mayor Attest: City Clerk . 8 " :.. . . . GAS FRANCHISE ORDINANCE ORDINANCE NO. CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POw!j.R COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRlBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBUC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. PEFINITIONS. For purpolieli of this Ordinance, the following capitalized terms listed in alphabetical ordCl" shall have the following meanings: City. The City of Stillwater, County of Washington. State of Minnesota. City Utility System. Facilities used for ptoviding non-energy related public utility sex\Tice owned or operated by l...ity Or agency thereof, including sewer and water setvice. but excluding facilities. . for providing heating, lighting or other Conn:> of energy. Commission. The Minnesota Public Utilities Commission. or any successor agency or . agencies, induding an agency of the fedew government., which preempts all or part of the authority to. regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company. a MinnCl:'ota corporation. d/b/a Xcel Energy, . its successors and assigns. Gas. "Gas" as used herein shall be held to include nat\U:a1 gas. manufactured gas. or other fonn of gaseous energy. Gas Facilities. Pipes, mains, tegulators, and other facilities owned Or opetated by Company for the purpose of providing gas service for public use. Notice. A writing served by any patty or parties on any other party or parties. Notice to Company lihall be mailed to the Genen1Counsel. Legal Services. 800 Nicollet Mall. Suite 3000, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk. Stillwater City Hall. 216 North Fourth Street, Stillwater, MN 55082. Either parry may change its respective address for the purpose of this Ordinance by written notice to the other party. .. " . Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City~ SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to t:ransmit and furnish Gas energy fot light, heat. power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the futute. For these purposes. Company may construct, operate, repair and maintain Gas Facilities in. on, over. under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further ptovi~ions of this franchise agreement. 2.2 Effective Date: Written Acceotance. This franchise agreement shall be in force and . effect from and aftet passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Ra.tes. The service to be provided and the rates to be charged by Company . for Gas service in City are subject to the jurisdiction of the Commission. . 2.4 Publication Ex?ense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Oispute Resolution. If either party a:i:sens that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other patty of the default and the desired remedy. The notification shall be wntten. Representatives of the parties must promptly meet and attempt in good faith to negoti1te a re::>olution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parries may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to r~olve the dispute within 30 days after fust meeting with the selected mediator, either party may commence an action in Disttict Court to intetpret and enforce this franchise at for such other relief as may be permitted by law or equity for breach of contract, or either . party may take any othet action permitted by law. SECTION 3. ;L.OCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constrUcted and maintained so as . not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously in~talled therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's constrUction, . reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if requited by separate: ordinance and to other reasonable regulations of the City to the ex:tent noe 2 . inconsistent with the terms of this franchise agreement. Company may aoandon unck."owund gas facilities in place, provided, at City's request, Company wiLt remove abandoned metal pipe interfering with a City improvement project. but ()nly to the extent such metal pipe is uncovered by excavation as part of the City's improvement projec' 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consis~t with the requirements of Minnesota Statutes. Chaptet.216D. 3.3 Street Ooenings. Company shall not open or disturb any Public Way or Public Ground for any purpose without ftrst having obtained a permit from the City, as required by Chapter 24 of the Stillwater City Code, for which the City may impose a degradation fee not to exceed the maximum restoration costs shown in plates 1 to 13 in Minn. Rules ~7819.9900 to 7819.9950. Pennit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City w.here an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. If the Company is aggrieved by a decision of the City Engineer with regard to the. Engineer's determination of the amount of a degradation fee, the Company may appeal the determination to the City Councib\ The appeal may be brought by voice or mail and must be heard by the City Council at the ftrst meeting after the notice of appeal is given. . 3.4 ' Restoration. . After undertaking any work requiring the opening of any Public Way or . Public Ground. Company shall restore the Same. including paving and its foundation, to as good a condition as formerly existed. and shall maintain any paved surface in good condition for t\Vo yeats thereafter. The work shall be completed as promptly as weather permits. and if Company shall not promptly perform and complete the work, remove all dirt. rubbish, equipment and material. and put the Public Way Or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of rime following the demand. but not to exceed five , days, the right to make the restoration at the expense of Company. Company shall pay to the City the , cost of such work done for Or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance. letter of credit or any other fonn of security or assurance that may be required. under a separateexisring or futur'e ordinance of the City. of a person or entity obtaining the City's permission to install, teplace or maintain facilities in a Public Way- 3.5 Avoid Damave to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 ~tice of Improvem~. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason. to believe that Gas . Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements. (it) the Public Ways and Public Gtounds upon which the imprOvements are to be made, (Ui) the extent of the improvements, (iv) the time when the City will , start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which , the work is to proceed. The notice must be given to Company a llufficienr length of time in advance of the actual conunencement of the work to permit Company to make any necessary additions, alterations . at .J:epairs to its Gas Facilities. . 3 . SECfION 4. ,RELOCATIONS. 4.1 &Iocation of Gas Facilities to Public Way:;. If the City determines to vacate a Public Way (Ol" a City improvement project. or at City's cost to grade, regrade, or change the line of any Public Way. ur construct or reconstnlCt any City Utility System in any Public Way. it may order Company to rdocate its Gas Facilit:ie$ located therein if relocation is reasonably necessary to acc;:omplish the City's proposed public improvement. Except as provided in Section 4.3. Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project. or to grade. regrade, or change the line of any Public Way or to construct or reconstruct any CitY Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities. which was made at Company expense. the City shall reimburse Company for Non-Betterment Costs on a time and material basis, ptovided that if a. subsequent relocation is required because of the extension of a City Utility System to a previously unserved area. Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove. replace or reconstruct at its own expense its Gas Facilities where such relocation, removal. replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of ens Facilities in Public Ground. City may require Company at , Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or , proposed public use of the Public Ground. . 4.3 Protects with Federal Funding. Relocation. removal. or rearrangement of any Company Gas Facilities made necessary because of the extensiott into or through Ofy of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, all supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove Or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government Or any agency thereof, unless the reasonable non-betterment Costs of such relocation and the loss and expense resulting therefrom are first paid (0 Company, but the City need not pay those portions of such for which reimbursement to it : is not available. 4.4 No Waiver,. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained , by Company fat installations within a Company right-of-way acquired by easement Ot prescriptive , right befote the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMINQ. Company is also granted the pennission and authority to trim a.ll shrubs and trees> including , roots, in the Public Ways of City (0 the extent Company finds necessary to avoid interference with the proper construction, operation) repair and maintenance of Gas Facilities) provided that Company :shall save City hannless from any liability in the premises. . 4 i . SECTION 6. INDEMNIFICATION. 6.1 lndemnitv of Citv,. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to propeny occasioned by the construction, maintenance, repair, inspection, the issuance of pennits. or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses . or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of pennirs for, or ins~ction of, Company's plans or work. The City shall not be indemnified if the injury or damage ~'Ults from the perfotmance in a proper manner of acts reasonably deemed hazardous by Company, and such peJ:'fonnance is nevertheless ordered or ; directed by City after notice of Company's detenninarion. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where dUs agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is prompdy given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend. it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. 1bis section is not, as tothitd parries, a waNer of any defense or immunity otherwise available to the City; and Company, in . defending any action on behalf of the City shall be entitled to asset( in any action every defense or . immunity that the City could assert in its own behalf. . . SECfION7. VACATION OF PUBUCWAYS. 'lbe City shall give Company at least two weeks prior written notice of a. proposed va.cation of a Public Way. Except wheJ:'e required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost ofrelocating the same and the loss and expense . resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes. Section 160.29. . SECIION 8. CHANGE IN FORM OF GOVERNMENI.:. Any change in the fonn of govenunent of the City shall not affect the validity of this Ordinance. Any govemmental unit succeeding the City shall. without the consent of Company, succeed to all of the right:i and obligations of the City provided in this Ordinance. SECtION 9. FRANCHISE FEEl 9.1 Fee Schedule. Outing the: tcrm of the franchise hereby granted, and in lieu of any : permit or other fees being imposed on the Company. the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties. have agreed that the , franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 5 Class Amount ~1onth Resident:ia.l Commercial Finn Non-Demand Commercial Finn Demand Small Interruptible Large Interruptible Firm Transportation Intenuptible Transportation $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 9.2 Se!larat:e OrQinance. "Ine ftanchise fee shall be imposed by a separate ordinance: duly adopted by the City COWlcil, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. 'lbe fee shall not become effective until at least 60 days after written notice endosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constil:Ute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, Ot enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until . this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced . proportionately in the same or greater amoutlt per class as the reduction reptesented by the lesser fee on the residential class. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the petiod fot which . payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due : the last business day of the month following the period for which the payment is made. The fnnchi:,;e : fee may be changed by ordinance from time to time; however. each change shall meet .thc same notice : requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts speci6cally petmitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to 6.nit collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a smchatge in . Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles) refunds and cortection of erroneous billings. Company agrees to make its records available for inspection by the City at . reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement $ummarizing how the franchise fee payment was . determined. including infonnation showing any adjustments to the total surcharge billed in the period for which the payment is being made to account fot any utlcollectibles. refunds or error corrections. ~ . . 9.4 Term.... Defined.. 9.4.1 "Class" shall refer to classes listed in the Fee Schedule and as defined or . determined in Company's gas rate book on file with the Commission. 6 . . . 9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the vanou::; customer classes from which a fnnchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this ftanchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas wiffs after the effective date of this franchise agreement. 9.4.3 1nerm shall be a unit of gas providing 100.000 Btu of heat content adjusted for billing pwposes under the rate schedules of Company on file with the Commission. 9.5 ,Bijyivalenr Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly 01' more often collects a fee or tax of the sarne or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier. provided that. as to such a supplier> the City has the authority to require a franchise fee or to impose a taX. 1be "same or greater equivalent amount" shall be measured. if ptacticable. by comparing amounts coUected as a franchise fee from each similar customer. or by comparing. as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. '!he franchise fee or tax shall be applicable to energy sales fat any energy use related to heating. cooling or lighting. or to run machinery and appliances. but shaD not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from . another energy supplier in contravention of this Section 9.5. the foregoing conditions will be waived to the extent of such written conlicnt. . 9.6 Ten- Year Reopener. At any time after the 9th anniversary of this franchise agreement> the City may request an amendment to be effective as of any company billing month following the t ()th , anniversary of this franchise agreement and putSuant to Section 11. to impose a greater fee on one or mOre of the Classes of customers> subject to the provisions of Section 9.2. and/or a diff..........t fee . design. including but not limited to. a percentage of gross revenue from Company's operations within the City. If the City proposes such an amendment, it shall notify Company no less than six (6) months prior to proposed effective date of the new fee. Prompdy thereafter, Company and the City shall attempt to negotiate a mutually acceptable modification to the fee amount and design for inte1lded future collection by Company. If City and Company are unable to agree on a modification, and either . party accuses the other of not bargaining in good faith. the dispute on that issue may be resolved . pursuant to Section 2.5 of this franchise ordinance. SECTION 10. PROVISIONS OF ORDI~CE. 10.1 Sevcrabilitv. Every section, provision> or part of this Ordinance is declared separate from every other section, provision, or part; and if any section. provision, or part shall be held invalid. it shall nor affect any other section, provision. or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance> the provisions of this Ordinance shall prevail. . 10.2 limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and, Company as the only parties and no provision of this franchise shall in any 7 way inure to the benefit of any third person (including the public at la.tge) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof. or otherwise give rise to any cause of action in any person not a party hereto. SECTION tL AMENDMENT PROCEDURE. Either pany to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whethet it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment. which amendatory ofdinance shall become effective upon the filing of Company"s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. lbis franchise supersedes any previous Gas franchise gtatlted to Company or its predecessor. Passed and approved: , 2003. Mayor : Attest: City Clerk 8 . . . . . September 11, 2003 Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 Subject: Liquor License Extension Dear Council Members: As I am sure you remember, City Council awarded Liberty Village a liquor license in April ofthis year. As part of the approval, Council placed a condition that Council approval of the proposed restaurant is required for the liquor license. This approval was subject to a time limit of six months, which would be before October 1 st, 2003. . Since the April council meeting we have worked diligently with several staurants for Liberty Village. Unfortunately, they all have had insurmountable issues, either with their restaurant concept or their financial ability to complete the transaction. Within the past 30 days we have been introduced to two new groups with strong interest in constructing a quality restaurant. And, as much as I would like to deliver one of these groups to the City for approval before October 1 st, it does not seem realistic. For this reason, as well as winter construction issues, it seems more realistic that we will submit for Council approval this winter for a spring start. Please accept our request to postpone the approval deadline until June 1,2004. ~%7kD fDaU-- ~ike Waldo Vice President Contractor Property Developers Company . 3030 Centre Pointe Drive Suite 800 Roseville, Minnesota 55113 telephone 6 5 1 . 5 5 6 . 4 5 5 0 facsimile 6 5 1 . 5 5 6 . 4 5 5 1 .. # . . . Memo r To: From: Date: Subject: Mayor and City Council " ~.. Steve Russell, Community Development Director ,....-- September 12, 2003 Final Plat for Settlers Glen 4th Addition The request is final plat approval for the 23 lot Settlers Glen 4th Addition. The preliminary plat for Settlers Glen was approved on July 11, 2003. The proposed 4th Addition final plat is consistent with that preliminary plat. The Engineering Department has reviewed the grading/drainage and utlity plans. A community park is scheduled for improvement with this addition. A condition of approval requires tree planting and grass seeding before building permits are issued for 4th Addition lots (the construction and seeding/planting of the park should be evaluated with the Parks Department). Recommendation: Approval Conditions of Approval: 1. Developer fee for improvement of road/trail for Boutwell shall be paid. 2. Park turf quality shall be reviewed and approved by Parks Department 3. Active parks shall be improved before building permits are issued for 4th Addition lots. 4. The final plat shall be approved by the City Engineer. 5. Development Agreement for 4th Addition shall be approved before final plat recording. .. US.Home@ . .... " f Thompso~~ivision . August 8, 2003 Steve Russell . City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Plat Application for Settlers Gle~ 4th u Dear Mr. Russell, Please find attached hereto, the Final Plat Application and necessary materials for the submission of Settlers Glen 4th Addition. In addition to what you receive, the City's Engineering Department will be delivered two copies of the Plans & Specs and one copy of the pond calculations as required to obtain a grading permit. I have also delivered the final plat mylars for Settlers Glen 2nd Addition that are revised to include a member of the Planning Commission. If you have any questions or need additionarmaterial, feel free to contact me. Best regards, ~~~. . Joe Jablonski Thompson Land Development CC: Shawn Sanders, City of Stillwater Bill Pritchard, Thompson Land 935 East Wayzata Boulevarde Wayzata, Minnesota 55391 (952) 473-1231 phone (952) 473-7401 fax . . ~ ----- . '" f bS,ep\v . C1lo\Cl\A.~~~ . \ ' V.S. +1D~ Lo,t~"",~~~...1 ,tL. 19u.i..1 -t~~oy.o.J +(~,~ , 55' CA..-s., U~';l4.TA.. ~e u\..~J. City:..k)w:u.-~ ' ,'State: M~ Zip cOie~ 31 L Telephone: ~2)2q1'3ElttF~lf7~' 7ifO/(HL (2) P~OPERTY FEE OWNER _ Name: Company: Addreu: /'f)()$"O Z3Nl AlIe:., JU. C~ty:~Dtl.,.tI- 'State:, HA.l Zip'QOde: ~l/Z/7 Telephone: (WQ7b'v7f,pr,;mO (FAX17W)1I711'''I'~ (H) / (4) Property location: Mtl"'^~""'" A.,P'lllJP & ~\l"Tt...~H \2.e~ Legal description: Sec.fio,J: ~~ V" ~f'cJ..;I)~ ".1' -Th....,W\S~9 ~ ~ t..1. ito.~. "2..0 ~ (G) Name of development: .~.-\+\e.~ c..\i:.,.J 4~ Aclc:l.a..~.!!:>...1 Number of lata: 2.3 C11lTent land use: ~,. VA~ &S,~ !?,...\\~ 1>l."!,o-r- Proposed land use: <;~-.e:. Current zonine: y,.o - fmu"..Jr tt.3~ '?"WNoi~, 'PC~. Propoeed IOnine: _ ~c- ". . Anticipated prqject completion: 4U~~ ~~t?1. '. ~... . (6) SUBMITrAL REQUIREMENTS: (Five copies and one reduced a'llI inches )( 11 Inches) vi' , Final plat (F) V Electronic FP Format . V Tree preservation and landscaping plan (TLP) Y Street and utility plan (SUP) V' Grading. drainage, Btormwater and w~tland6 plan (GDo W k" J Other information (01) V 8YlI..inch')( ll..inch transparency - 10:27 !S81 88/ 213133. .' ... ". . . a~!-l . FPA (1) ,APPIJCANT Name: Company: Addreas: Telephon.e: (8) SURVEYOR Natne: Company: Address: . . 431388113 CITY OF STILLWATER PAGE . 82 STILLWATEa CODIC FINAL PLAT APPLICATION ".. FEE PAID r ,. ,'. v . - IJ.~. #6,"f' CsJ"plH..J,~~ ,'f.. CJAA,',J ~~ If~p ('" - 13~ _hA<L./.A ~ ~"'4. i4,..uleww~ City"~,''>I4-r.,. J, State: JI1A.1 . Zip Cod~~ 9;?U (WyJfl11!Jt(-107~ (F~J,,71-7.!f.!!(H) .l1.cLo~bs. +;4.." k- (!.oDS %<.0:::( Iot..-t-es. (' MFP-.q \, TAG. CD32:38 , ~8/08/2003 10:27 4388810 CITY OF STILLWATER PAGE 03 .. ; , . .. SUBDIVISION CODE OF THE Cl'l'Y OF STILLWATER . V 8'1t-inch x 11.inch tnmlparency . I hereby apply for the abOve C9naideration and declare that the information and materlaJs8ubmitted 'With. this application are complete and acetirate per city requirements~J understandtJw.t the application will be ,..........:.Ased when it haS been found to be complete ~nd adequate by ~he COIIUIl~~ development director. - . . . . . Pr"......;.; fee owner(a) aiiDature(s); Appllcant(s) 8ignature(s)1~ ~ r ~. '/<r/ ~- I Date; ~f-S/-{ 0:;; PLEASE NOTE: If property foo owner is not the applicant, the applicant must !'.....:de written authori%ation by property fee owner in order to make application. . . CD32:87 , . --:'// ~.L ,/( -~~1 /" \' S f ~ '-- ---;--\" , I .", , I ~"."'" , I' ,"' SOll..~ [N(;lNEER TO REv![, W SOILS IN I BlAlDlN(; AREA OF lOT 6 BlOCK 2 T . r ~ ~R:~u.PRE~~~nir ~ , ' uGtNaR's SPECf1(Q- RtQlJRtMtf4 I I ' , ,. lj j\i~'-- \1 : 0 ' . ~ . ':.p) 'j?JI}h I '\''''! ~;) \ "" "'...' '... L .- .' ~ tNGlNt(~ TO ~'EVl[W SOILS IN n:. b" I..'. I' ~ I / .I/BUlO~ff-L(ln;-2-a:'3ll.00<'2 ~\ .-- -,---'-'.~:~ '8~~ ~~~T~ ~R j i f / '==~::ONR(~':(Ex:'V~nCW '/ I / ~1~~R(;S ~I1ARY $,.0,.' 1,,1 VlEllAHD UM 'J'EMlORIIIll'SEOOolEHT~1N . .- f, I ..-',;, - .~- ~."~ ~- -,- ."- \, ) > ,.. SITE GRADING NOW;. .. PllCI'OIO 0lIl1OUll .. to.... 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",. ........ CCWU1lD AI _ 1'1 N fIlIIIT. "** 1lt1alJA1'IOll".M.L~_IMM_.~.r..r1_..IIIDMDMGluPQIOlIIf\I.... ..1lC~tMAU.<<UU'It...llCR..OOIdIlUCfl(M..~'dIlIC~lllIflMCl'aCIl'ItcIL. ..-.:'" .w.a.1hIIIOtllML.00IlfU1ID....1IC--......INGI..m ..0lIII1lA01Qll.....1lIII'-.:,. CO)lIDllA..IrloL......1DL1I1fI,..~... ......DIClflID, '" =-~~,.r,r:..~=~=r=-rn=:-:.nU'$,:":=:.'M.-=-. IIWI.CQIlPCaIlOlrMIlI'IU...........1IIlP1'.~1IllN".tICINlOI. ~ OCM1fI\IC1''' Mill............. ............ ....10.10111'... ..CIllIIIPllIA' K_ 'iOl root --- 1.:M,~~~~'t..:e"~"fc.._H........lPLI'C1.tIlAl.L.'M1M'1ACIUI(Il. A'IDD BENCHlAARKS, 8M NO.1 Top <:tM, West 1/4 Corner, Section 19. ot int.-section of Manning Avenue North and McKusick Road North. illV. - 920.01 8M NO. 2 Single spike in West face P.P.. East side of Monninq Avenue North at NW Property Comet ot SeUI... Glen. EI.". = 9\3.84 BM NO. J Slnvle spike in South Face P.P.. North side of 80th Street North. 5th P,P. EQ$tert~ of hlOlV"ln9 Avenue North. tlev.. 912.12 LEGEND f CONlOU'" STORM ...... UU" SPOT ElEVA TKIN CONTOUft ytWPOftARY CONTOUR PA<lPOS[D STOflM SEV€A PfWPOKD DRNN nu: FUTUR( STORN KwtR VlETLAND BUff'ER UNIT~' PROPOSED WETlAN) BUrrER LMT sn.' fEH<E BALE CHECI<S DRAINAGE ARflOWS OIEJIOEHCY OVERFlOW BlJlU)INC SEl8AClC UWT SOIl. IKlRtNGS fROM AU ...-.. f2O-ClOO2> SOIL BORINGS FROM AU PRO.tCT f2O-(lO>>l SOIL 80RlNCS f1WM AU ~T fQ~ttO ~ NORTH I 200 0--'$"- .I~----- _ 1210- __----1210---__ . ! --=_-:::.=-=-~ 11l!flP'~T~ ------- . ::;;; _c.D.. \ / o . . Rd o 26 ~ 100 ...1IJ ... ...... ....... No, Oat. 8y R~ r , , , ~.:t.:.ml;yv:.:- ~= ~'r~ by :.::. aU:,--~. "S~~:::: 1ij1!I~FRA '.1--- --IlL IIIlI ..... S8III.... Gill 4111 AddIIIaD --.. GrIllI.a PIaII . 10\ .....-.: - Scole 1'.50' DnlQl'l~ /rIlP "'- .... Oote ~/21/OJ OlmlG ~ ~_1I PWP cnginerlnr} . .Plonninf} . Survttying 15Q!101JrI"-IIfrfhW' ~"'M-W pItotI. ,..,/4 ]fJ/f1f-aJI ..-..- TIIomplO. Laad Developmeal 1IItIII....... L . ~Iur. \"'"" P'ILfH!Io> ~ licm.., 127jl l. . ". --. ..-..1. ....... ... "0,.' ," ... . \ I--"Le~ ,: ., \ ". 'Iol. ..YA'{-' . -'-':.;/ .~- . ~~ ~:' . .......,_...... ....., ", i ! i j , i I I I i i L ~ } , -:--'-- ' ..-------.-- DecIduauI_ .~T_ . DecIduauI T_ -~- CJ '-.- " . - II I L 1 I Planling Schedule ~":~--- '~~~ til:!'!!!l. ,-- _~I1!:. ~ -....- -.......-- " ~..---!~._DIl!_~ ..l!I: ~~ '!/!!"~-n-.T'I.l!l:-.,. ~- .t!!!!.......- ... r.:;Ol....._~._ '!\! . ~~~ .....-- '~ =-!c..-~m- __.w;;;:=""'_I' Ii -!;-~::--- I~.=.!.."" : ~ -~ .. ,-!!<- .-- _ "ufi~~ _.to. .oIJ!U~-'''''''.- ...... .~-~ ' Ii;....___........ I~t . l.....i-_- 1__- ,. ~ i ~- ~-~ SoddinWSeeding Schedule I 'w.~_.......~ .....III~,_....nal..,......"'_..... .___'&0_ n I :'J ;'1 ';1 .- ~ I, : 'r- .~.. j' 'J .. · ,~ I'~ II f 'i ~.. ~ ..~ I'~ I ~.~'...... ~ ... If' ... .... -_.~. ! . i I I I ' ; ~ ! ;:I ;1 . " Ii; ! . i ' .1.. , ~!hfl;\ ;t' #' . /' ,- .. ,/ , , I i I I I ":;:-,,,,,... JI 1'0' ~~/ I ; .,.!. (\~--' j.;.. .f ....'. I iIT~~~~~S!'!tWATE!t t.. '. \; \' ,,1 -~ .~.......- ... r=.",=:-~=~:""" ................... " ii I i '1 l..iJi ..~ ::..L' , '4.~"'.'f.:~~\ ~ $. ~ IJ..::j \~::,_;f '- t t=- ~.~;.~- II -.~~ 11::- :-~,~ Jl~ II~ .MayS.~ II SI1E PLAN :..:" c;# ", . . . Mem~ To: Honorable Mayor and Council Members , Kim Kallestad, Fire Chief r Y September 9, 2003 From: Date: Subject: I.S.O. Rating History More than two years ago the Stillwater Fire Department established and implemented a plan to get re-evaluated by the Insurance Services Office, Inc. (I.S.O.) with the specific purpose to improve the rating in the rural areas of our fire district. The plan was involved and time consuming. The Stillwater Fire Departplent had numerous consultation meetings with I.S.O., completed lengthy detailed reports, and finally completed performance tests forl.S.O. in Spring, 2003. ' New Rating . I.S.O. has completed an evaluation and determil1ed a fire insurance classification for the City of Stillwater and the remainder of the Stillwater Fire Department response district. The new insurance classification ratings are FOlOR (4) in the City of Stillwater, SIX (6) outside the City of Stillwater up to five road mil~s from the Stillwater Fire Station, and TEN (10) beyond five road miles from the Stillwater Fire Station. The new rural . classification of 6 is scheduled to become effective January 1, 2004. The new, city classification of 4 is scheduled to become effective April 1, 2004. The existing classifications, which were determined in November of 1994, are THREE (3) in the City of Stillwater, NINE (9) outside the city up to 5 road miles, and TEN (10) beyond five road miles. . ' NEW CLASSIFICATIONS: 4/6/10 10 EXiSTING CLASSIFICATIONS: 3/9/ The I.S.O. rating scale ranges from ONE (best) to TEN (worst). Note that I.S.O. will not give any rating other than TEN to properties beyond five road miles from afire station. Impact of New Ratings . Carol Greethurst (Ron Schoenborn Insur~ce Agency here in Stillwater):'Wa~ kind enough to conduct research and provide information related to the impacts ofthe changes in . I.S.O. ratings. (email attached) The information provided is fot Farmers Insurance only; other insurance companies may vary.' . Residential rates are identical for I.S.O. classes 3,4, and 5. Residential rates within the City of Stillwater will not be affected going fro~ a class 3 to a 4. Residential rates '" , outside the city limits, up to five road miles from the fire station, will improve by approximately 1 0% (lower premiums) going from a class 9 to a class 6. . Commercial rates are identical for classes 1 through 4, increase 3% for a class 5 or 6, and increase 7% for a class 7 or 8. Therefore, commercial rates in the City of Stillwater will not be affected going from a class 3 to a 4, (with Farmers Ins. anyway), while rural rates will improve by at least 7% going from a class 9 to a class 6. Numerous variables other than LS.O. class (structure type, occupancy, roof type, security) affect commercial insurance premiums. Although this study is not inclusive of all insurance companies, it seems logical that rates for other insurance companies would be similar. Why did one rating improve and another regress? Rural area improvement from NINE (9) to SIX (6): Although the nine may not have been fully accurate even in 1994 when it was established, most of the improvement to a classification of SIX (6) can be attributed to the hard work and demonstrated abilities of fire department personnel to perform high-volume pumping operations smoothly and efficiently. City regression from THREE (3) to FOUR (4): Each classification has a range often numbers; class 3 from 70.01 to 80.00; class 4 from 60.01 to 70.00. The class 3 rating was obtained in 1994 with a score of 70.49, just 49/1 OOths of a point over a class 4. A . number of factors contributed to the regression from 3 to 4. First, if all other factors had remained exactly the same, the growth and development in much of the city beyond 1.5 miles from our current fire station would have alone been enough to drop the rating to a 4. Secondly, in a detailed analysis ofthe scoring process both in 1994 and in 2003, a number of scoring errors to our advantage were discovered in the 1994 scoring process. One example is that in 1994 every fire inspection conducted by two on-duty fire personnel was credited as though all 37 personnel (full-time and part-time) attended the inspection. (A letter from LS.O. field technician Doug Sele is attached for your convenience if you'd like to understand more of the details. Two letters from the LS.O. office in Chicago are also attached, but don't provide clear explanations.) Options? 1. Accept the new classification ratings of 4/ 6 / 10. 2. Accept the rural ratings of 6/ 10, and work with I.S.O. to explore the possibility and implement a plan to regain the 3 rating in the city. Recommendation Pass a resolution accepting the new LS.O. ratings of"4 / 6 / 10". Note: I.S.O. requires a confirmation letter from either the Mayor or City Administrator if we are accepting the class 4 rating. . .,~ '-' Kim Kallestad alrom: ~ent: To: Subject: Ron Schoenborn Agy Inc [rschoenborn@farmersagent.com] Wednesday, September 10, 2003 2:56 PM Kim Kallestad Premium breakdowns Per our conversation, the following is a breakdown of premiums for the various protection class ratings: $250,000 dwelling with a $1,000 deductible PPC 3 PPC 4 PPC 5 PPC 6 PPC 7 PPC 8 PPC 9 PPCI0 - $961.26 $961.26 $961.26 $1,009.33 $1,009.33 $1,105.45 $1,105.45 $1,512.44 As for commercial properties, there are several: variables that change the premium amounts, (structure type, occupancy, roofing, security, preferred or standard rates). Taking our current building here at 1060 Curve Crest Blvd., insured at $653,000 on the dwelling for real estate only (not insuring the tenants personal property) the premium is $1,775.00 annually in our preferred company. This price is good for a PPC 1-4, PPC; 5-6 would be 3% more, 7-8 would be 7% higher. Our building does have a sprinkler system, if it did not the premium would increase by 25% (30% for a retail space). I hope this helps you. Unfortunately, the commercial is not specific due to ~the variables. Carol Greethurst Ron Schoenborn Insurance Agency Farmers Insurance . 1 ~ , :::::==: ::::::= ~- -- ~-- 111 NORTH CANAL STREET SUITE 950 CHICAGO. IL 60606-7270 TEL: (312) 930.0070 (800) 444-4554 FAX: (312) 930.0017 . September 4, 2003 Kim Kallestad, Fire Chief Stillwater Fire Department 216 N 4th St. Stillwater, MN 55082 Dear Chief Kallestad: This letter is in response to our phone conversation concerning the retrogression of Stillwater's ISOPublicProtection Classification. A survey of Stillwater. conducted in November of 1994 indicated thata class 3/9 was. applicable. My survey of Stillwater in May 2003 indicated that class 4 should be applicable. While going from a 310 a 4 may cause increased insurance premiums for commercial structures, it should be noted that areas which were previously in class 9 (nonhydranted) areas would now receive the class 4 and will likely see some reduction in their fire insurance rates; both for homeowners and. commercial policies. This is due to the expansion of Stillwater's water system to . the point that enough of the buildable land within Stillwater's boundary has a recognized hydrants nearby. . In comparing the results of the 1994 and 2003 surveys, there is very little difference in the points credited for communications. The total credit increased by 0.04 points cmd the effect on the final score is negligible. A similar statement can be made concerning the water system where the total credit increased by 0.62 points. The majority of points lost, then, came from the firedepartllient SE:ctiOii of thq grading. Credit for engine companies, reserve engine companies,ladder companies, and personnel increased from 1994 to 2003. There are small decreases in reserve ladder companies and distribution of companies. Howeyer, I believe the credit for distribution wasoverstated in 1994. We determine company distribution by counting the number of fire hydrants within 1.5 miles of existing fire stations for engine companies and within 2.5 miles of existing ladder companies. An exact number of hydrants is not indicated in the 1994 grading and I feel the number of hydrants beyond the 1.5 and 2~5 mile travel distances was poorly estimated at that time. My survey indicates that out of 886 total hydrants in Stillwater in 2003,466 are beyond 1.5 miles ofthe existing fire station and 48 are beyond 2.5 miles. This is based on. an actual plotting ofthe 1.5 mile . and 2.5 mile travel distances on a hydrant map and counting the hydrants. A .,'It> 7 . strong case for an additional fire station is$tillwater, housing an engine, can be made since over 50% of the city is beyqnd 11.5 miles of the existing firestCition.1 strongly believe that if company distribution' was accurately determined, StiUvvater would not have achieved the class 3 in 199~. The one area where the two gradings are markedly different is in training. ,Total training points decreased from 5.85 to 1.89t There are several.reasons why this. has occurred. The ISO Public Protection Olassification is a factor used to determine property fire insurance premiums and as such, only training directly applicable to fighting fires in structures canibe credited. Training in rescue, automobile extrication, EMT/CPR, etc. get ~ero credit. I am guessing that training in these areas has increased at the' expense of structural fire fighting training. This has gotten to be a very comn;,on scenario as fire departments cue now involved in many more emergency sit~ations than in the past. I wiU attempt to compare the 1994 and 2003 training credits. I cannot vouch for the accuracy of the information provided in !1994, or for the analysis of that information since I was not a participEmt in that survey and there are no note$ in the file from that time. I will attempt to expl~in how I credited training in 2003. ' . , Credit for facilities. and aids is unchanged. ifhis includes the use of a driU tower, fire building, training grounds, library, and a'udio/visual equipment. The first difference noted is in drills. We credit the first 8 drills per year toward this item. In 1994, the maximum of 24 hours was credited to this. The 2003 records indicate that 6 out of the 8 drills were condl!cted for.2 hours with the remaining 2 driUs for 3 hours. This totals 18 hours where 24 hours are needed for maximum credit. Also, in 1994 it was reported that 100% of the members attended these drills, where the records provided this year indicated an average attendance of 61.49%. 100% attendance was reported fd,r all training categories in 1994, a figure I find difficult to accept with a largely volunteer department. The next training item is Company Training! This includes all driUs notcredit above, plus training from all other 'sources (sectional schools, fire academies';. etc.). In 1994, it was determined that therelwere 3.52 hours oftraining offered to each member each month, with 100% attendance. In2003, I credited 4.2 hours per member per month, but only at25% att~ndance based on the documentation that was provided. , . 5.14 days of officer training were credited i~ 1994, again at 100%. attendance. 2003 records indicate 8.3 days of officer tra,ining was offered, but at 14% attendance since generally only a few of th~ department officers att,endedthese sessions. . 4 half-day driver and operator sessions wer~ credited in 1994. I chose to credit most of this to drills and company training ~here it receives more relative credit. I did credit 2 hours of this training, with 23% attendance. "'. , 40 hours of new driver and operator training was credited in 1994. I was not able to find anything for this category in the records provided to me and credited zero hours. Perhaps some additional documentation would reveal some creditable hours here. . 1 01 hours of recruit training was credited in 1994. I credited 120 hours at 1 00% of new recruits. Under prefire planning inspections, it is noted in the 1994 survey that 100% of commercial buildings are inspected per year and some are visited twice per year and that 82% of personnel were involved in the inspections. I was able to credit that 100% of the buildings are inspected, but that the inspections are done by only one person. No deductions were made for lack of records. The documentation provided appears to be very complete. One additional comment should be made. The total credit in 1994 was 70.49 points with 70.01 being the threshold for a class 3. Any small decrease in credit could have caused the retrogression even with all other things being equal. It certainly seems that as Stillwater grows in population that a second fire station will become more necessary to provide timely service. I also feel that the Stillwater Fire Department has a well-managed training program and that the decrease in credit should not be seen as a diminishment of quality in this area, but as a recognition that the fire department needs to prepare for an increasing number of emergency situations. . I will remain available to answer any further questions concerning the 2003 ISO Public Protection Survey of Stillwater. The purpose of this survey was to gather information needed to determine a fire insurance classification that may be used in the calculation of property insurance premiums. It is not for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations will be made. Please feel free to call me directly at 1-877-842- 3762, or our Chicago office at 1-800-930-1677. .i~) D~ Sele. CPCU. AlCM Field Representative Insurance Services Office, Inc. . -:t- . . . ~ ~ ~ ~ 111 NORTH CANAL STREET SUITE 950 CHICAGO, IL 6060p-7270 TEL: (312) 930-0070 (800) 4444554 FAX: (312) 930-0017 September 2, 2003 Jay Kimble, Mayor Stillwater Fire District 216 N 4th St. Stillwater, MN 55082 RE: Public Protection Classification Results Still water Fire District, Washington, County, ~ Dear Mayor Kimble: i ' . We wish to thank you and the other community officiills for your cooperation during our recent Public Protection Classification (PPC) survey. ISO is: the leading supplier of statistical, underwriting, and actuarial information for the property/casualty insurance industry. Most insurers use the PPC classifications for underwriting ~nd calculating premiums for residential, commercial and industrial properties. . ISO has completed its analysis of the structure fire suppression delivery system provided in your community. We would like toreportthat the resulting classification is a Class 6/10. Your community's former classification was a Class 3/9. C~)llgratulations on your commitmentto s~rve the needs of your community's property owners and r~sidents. Class 6 applies to properties within five road miles of the responding Fire Station, and to properties with a needed fire flow of 3500 gpm or less, (the Hydrant Distance requirement have peen waived). The private and public protection at properties with larger needed fire flows .;rre individually evaluated, and may vary from the District classification. Enclosed is a summary of the ISO analysis of your fir~ suppression services. If you would like to know how your community's classification could improve, or if you would like' to learn about the potential effect of proposed changes to your fire suppression delivery system, please call us at the phone number listed below. Public Protection (800) 930-1677 x 6209 bit.. iDepartmen t I , Encl. cc: Kim Kallestad, Fire Chief .... III 111 NORTH CANAl STREET SUITE 950 CHICAGO,IL 60606-7270 TEL: (312) 930-0070 (800) 444-4554 FAX: (312) 930-0017 . August 12, 2003 Jay Kimble, Mayor City of Stillwater 216 N 4th Street Stillwater, MN 55082 RE: Public Fire Protection City of Stillwater, Washington County, MN Dear Mayor Kimble: We wish to thank you, Fire Chief Kim Kallestad and others for the cooperation given to our representative during our recent survey. We have completed our review of the fire insurance classification for your city and advise that Class 4 is now appropriate. The new classification is a retrogression from former Class 3/9. The principal reasons for this retrogression are: . . A 67 % reduction in training credits compared to the 1994 survey . A 25 % reduction in inspection and condition of hydrants credits compared to the 1994 survey We are not implementing the class change at this time. The new classification will result in.an increase in advisory property insurance p.l~U1ium calculations for many insured properties within the city. The change will affect typical mercantile properties to a degree depending upon the type of building construction, occupancy and other property insurance premium calculation factors. However, variations in construction, occupancy and private protection can result in increases or decreases from this average. The above applies only for insurance cvwpanies using ISO property insurance calculations. However, numerous insurance cVUlpanies use other than ISO property insurance premium calculations so that the effect of the change may be different for their policyholders. The city classification applies to properties with a needed fire flow of 3500 gpm orless. The private and public protection at properties with larger needed fire flows are individually evaluated, and may vary from the city classification. Before we re-classify buildings to reflect this increase, we would like to know if the city desires to develop a program to regain Class 3/9. It is important that you acknowledge this letter within about . one month and advise us when this matter will be reviewed. ...v Page 2 Insurance Services Office, Inc. . After review, if it is your decision to begin an improvement program to regain Class 3/9, we would appreciate receiving, within about 3 months, a list of the changes you intend to make. Additionally, we would appreciate your estimate of the amount of time that will be needed to complete each item. No re-classifying action will be taken if changes are implemented, or well under way, to regain the current insurance classification within approximately one year. The purpose of our visit was to gather information needed to determine a fire insurance classification that may be used in the calculation of property insurance premiums. This survey was not conducted for property loss prevention or life safety purposes, and no life safety or property loss prevention recommendations will be made.To assist you in studying the grading results, we are attaching a copy of our Grading Sheet, the results of the hydrant flow tests witnessed during our survey, Classification Details and Improvement Statements. If you desire additional information, we will be available for a conference, upon your request, to discuss with you and your staff the details of the new classification. Such a conference could be held at a mutually convenient time and location. Very truly yours, . (fJ~fr~ Derrick A. Thomas Community Mitigation Analyst (800) 930-1677 x 6209 Fax (312) 930-0038 cc: Kim Kallestad, Fire Chief . ACCEPTING NEW I.S.0. RATING WHEREAS, The existing classifications, which were determined in November of 1994, are THREE (3) in the City of Stillwater, NINE (9) outside the city up to 5 road miles, and TEN (10) beyond five road miles; and WHEREAS, I.S.O. has completed an evaluation and determined a fire insurance classification for the City of Stillwater and the remainder of the Stillwater Fire Department response district. The new insurance classification ratings are FOUR (4) in the City of Stillwater, SIX (6) outside the City of Stillwater up to five road miles from the Stillwater Fire Station, and TEN (10) beyond five road miles from the Stillwater Fire Station; and WHEREAS, the new rural classification of 6 is scheduled to become effective January 1,2004. The new city classification of 4 is scheduled to become effective April 1, 2004. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the new I.S.0 rating of 4/6/10 is hereby accepted. Adopted by Council this 16th day of September, 2003 Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk '. , " . . . =- 7 \ ~ . ..1 '"1. ~ / "-.,.. \ .}1: [ - ~w-,~ -- -...., . / " "' .' . >"------' " / N 2002 ~AQQ 1994 ~~~E w~ _I \("'Q ~ 4 '~'-r s 3 C) 6 1 Miles 0 9 C) 10 . 10 . Memorandum To: From: Date: Mayor and City Council Diane Ward, City Clerk 9/12/2003 Subject: New Off-Sale 3.2% Malt Liquor License - Kwik Trip, Inc. An application for a new Off-Sale 3.2% Malt Liquor License and Tobacco License has been received from Kwik Trip, Inc. Approval should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: . If Council desires to issue a new On-sale and Sunday liquor license they should pass a motion to adopt Resolution No. 2003- APPROVING NEW OFF-SALE 3.2% MALT LIQUOR LICENSE AND TOBACCO LICENSE FOR KWIK TRIP, INC. . . APPROVING NEW OFF-SALE 3.2% MALT LIQUOR LICENSE AND TOBACCO LICENSE FOR KWIK TRIP, INC. WHEREAS, an application has been received for a new Off-Sale 3.2% Malt Liquor License and Tobacco License from Kwik Trip, Inc, DBA: Kwik Trip #415; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Off-Sale 3.2% Malt Liquor License and Tobacco License conditioned upon approval by Police, Fire, Building, Finance Departments, and Minnesota Liquor Control. Adopted by Council this 16th day of September 2003. Jay L. Kimble, Mayor . Attest: - Diane F. Ward, City Clerk . MEMORANDUM . TO: Mayor and City Council FROM: DATE: Shawn Sanders, Assistant City Engineer September 1 i, 2003 .Lj~ !" RE: Approval of plans and specifications North Hill Project Project 2000-15 DISCUSSION The plans and specifications for the first phase of the North Hill Project are near completion. This project extends sewer up Highway 95 from Elm Street to Willow Street. We are working in obtaining the necessary permits from the Minnesota DOT and the Minnesota Pollution Control Agency. It is planned to start construction late this fall and completed by the spring of 2004. RECOMMENDATION It is recommended that Council approve the plans and specifications and authorize the . advertisement for bids for the North Hill Project. ACTION REOUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2003- ,RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR NORTH HILL PROJECT (Project 2000-15). . AI I'I<OVE PLANS & SPELlJ:11CATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR NORTH HILL PROJECT (PROJECT 2000-15) . r WHEREAS, pursuant to a resolution passed by the Council on August 5, 2003, the City Engineer has prepared plans and specifications for the North Hill Project (project 2000-15) and has presented such plans and specifications to Council for approval. . , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. . The advertisement shall be published once in the Stillwater Gazette and in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Monday, November 3, 2003, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on November 4, 2003, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. . Adopted by the Council this 16th day of September 2003. Jay L. Kimble, Mayor Attest: DianeF. Ward, City Clerk . .. / I . Mem.oranc run To: From: Date: Subject: Mayor and City Council /k~ Shawn Sanders, Assistant City Engine~"" September 1 0, 2003 2003 Street hnprovement Project r Notice of Hearing on the pwposed assessment will be sent to the affected owners. The hearing is set for the next Council meeting on October 7,2003. Following is the proposed assessment roll for the 2003 Street hnpJ.\.dement Project (project 2002-03) for your review. . . MUNICIPALITY: STILLWATER, MINNESOTA PROJECT NO.: 2003-02 L.I.NO. ACCOUNT NUMBER EXPENDITURES: Construction Costs LBI En~ineerin~ Department (Excluding Assessment Roll Preparation) Preliminary Studies Feasibility Plans & Specifications Contract Administration Field Administration .I L1I111L~ Consultin En ineer FiscalA$.ents and Bondin$. Costs M r Le~al City Attorney Bond Attorner III I 'I Private PropertI Easements and L.and AC9uisition ., .illI .. 111111 '1 . Administrative Costs I _-"J JllU]( Other Costs Postage Printing & Publishing Other Professionals Misc. Water Board Costs r Assessment Roll Preparation Engineering Department County Assessment Notice Publication WI Interest on Capital @ rOll Adopted Conti~~? Grand Total I Amount to be Received from Special Assessments Amount to be Received from General Taxes Amount to be Received from Others 2003 Street Improvement Pro.iect PROJECT NAME ~. , Actual Costs to Estimated Total Costs Date Completion Costs 9/10/03 $519141,1.05 $430.588.95 $970,000.00 $120.002.80 $30.000.00 $150,002.80 . $0.00 $0.00 $0.00 $0.00 $8.800.00 $8,800.00 $11312.50 $1,312.50 $1,600.00 $2,625.00 $1,600.00 $9,700.00 $569.83 $569.83 . $81388.02 $12,000.00 $0.00 $9,700.00 $3,450.00 $300.00 $5,416.67 I $25,000.00 $1,199,164.30 $596,240.68 $572,923.62 $30,000.00 . "'- . . . ~ ASSESSMENT ROL.L. ASSESSMENT RATE: 2003 STREET IMPROVEMENT PROJECT STREET RECONSTRUCTION ( 4 RATES) PROJECT #I 2003-02 REGULAR LOT -$5640.32 CORNER LOT- $2820.16 PER SIDE IMPROVED HICKORY STREET. $2438.39 PER LOT $ 59.23 PER LF WATER SERVICE (2 RATES)- $1780.31 PER LOT $1237 PER LOT (Block 3 Holcomb', addition) SANITARY SEWER $1850 per lot $922 PER LOT (Block 3 Holcomb', addition) Tax WATER Property payer Tax payer Tax payer STREET ASSESSMEN SEWER TOTAL GEOCODE House Street Name Street Dir PROPERTY OWNER TAXPAYER House Taxpayer Street Taxpayer City State Zip ASSESSMENT T ASSESSMENT ASSESSMENT 2803020221K127 900 OWENS ST N IND SCH DIST #834 IND SCH DIST #834 1875 S GREELEY STREET STILLWATER MN 55082 $ 2.438.39 $ 2,438.39 330302021 lKl24 812 ABBOT ST W KAREN I k TED G REMINGTON REMINGTON, KAREN I k TED G 812 ABBOT ST W STILLWATER MN 55082 1,237.00 922.00 $ 2,159.00 280302022llO31 804 OWENS ST N STEPHEN L k IEANNE F POLZIN POLZIN,STEPHEN L k IEANNE F 804 OWENS ST N STILLWATER MN 55082 $ 2,438.39 $ 2.438.39 2803020220034 724 OWENS ST N WALDREN W k MARY A GRA VUNDER GRAVUNDER,WALDRENW kMARY A 724 OWENS N STILLWATER MN 55082 $ 2,438.39 $ 2,438.39 2803020220095 823 HICKORY ST W DAWN ZEPPER ZEPPER,DA WN 823 HICKORY ST W STILLWATER MN 55082 $ 2.438.39 $ 2,438.39 280302022llO96 905 HICKORY ST W PAUL GREEN GREEN,PAUL 905 W HICKORY ST STILLWATER MN 55082 $ 2,438.39 $ 2,438.39 2803020220097 911 HICKORY ST W KENNETIl RkJOANNE M BERNARDIN BERNARDIN,KENNETIl RkJOANNE M 911 W HICKORY ST STILLWATER MN 55082 $ 2,438.39 $ 2,438.39 2803020221lO98 917 HICKORY ST W MICHAEL I k BONNIE K HAMP HAMP,MICHAEL I k BONNIE K 917 HICKORY STW STILLWATER MN 55082 $ 2,438.39 $ 2,438.39 2803020330096 904 WILLARD ST W ROGER G HOLGER HOLGER,ROGER G 904 WILLARD ST W STILLWATER MN 55082 $ 2.820.16 $ 2,820.16 2803020330097 924 WILLARD ST W LAWRENCE M k TERESA MASLOWSKI MASLOWSKI,LA WRENCE M k TERESA 924 WILLARD ST W STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 2803020330098 930 WILLARD ST W lEAN M MCGEE MCGEE,JEAN M 930 W WILLARD ST STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 280302034llO39 507 OAK ST W MICHAEL R k GRETCHEN L PERKINS PERKINS,MICHAEL R & GRETCHEN L 507 OAK ST W STILLWATER MN 55082 $ 2,820.16 1,780.31 $ 4,600.47 2803020340051 320 HOLCOMBE ST S JON 0 k CHERL YN F WICHSER WICHSER,JON D k CHERl YN F 320 S HOLCOMBE ST STILLWATER MN 55082 '$ 2,820.16 $ 2,821U6 280302034lKl52 316 HOLCOMBE ST S PERRYTIlOLL k PATRICIA SAVAGE TIlOLL,PERRY k SA V AGE,PA TRICIA 316 HOLCOMB ST S STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 280302034llO55 806 WILLARD ST W SARANNE PELTIER-TRUSTEE OF TIlE PEL TIER,SARANNE.TRUSTEE OF TIlE 806 WILLARD ST W STILLWATER MN 55082 $ 2,820.16 $ 2,821U6 2803020340059 820 WILLARD ST W ARlENE I TRIEBOLD TRIEBOLD,ARLENE I 820 W WILLARD STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 280302034llO60 814 WILLARD ST W PAULINE M PARKER PARKER,PAULINE M 814 W WILLARD ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 2803020340063 838 WILLARD ST W DUANE E ARNDT ARNDT,DUANE E 838 WILLARD ST W STILL WATER MN 55082 $ 5.640.32 $ 5,640.32 280302034lKl66 846 WILLARD ST W RICHARD k lANE LARONGE LARONGE.RICHARD & lANE 846 WILLARD ST W STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 280302034lK167 418 HOLCOMBE ST S BRIAN 0 k 10YCE N ENRIGHT ENRIGHT, BRIAN D k 10YCE N 418 HOLCOMBE ST S STILLWATER MN 55082 $ 5,640.32 1,780.31 $ 7,420.63 280302034llO68 506 PINE ST W GARY R HOWE HOWE, GARY R 13210 56T1l ST N STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020340069 520 PINE ST W SCOTl' A k ANNE D MERCER MERCER,SCOTl' A k ANNE D 520 PINE ST W STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020340070 419 HARRIET ST S JOHN 0 SCHEIBE SCHEIBE,IOHN 0 419 HARRIET ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 2803020340071 417 HARRIET ST S MICHAEL E MOYNAGH MOYNAGH,MICHAEL E 417 HARRIET ST S STILLWATER MN 55082 $ 5,640.32 $ 1,780.31 $ 1,850.00 $ 9,270.63 2803020340072 413 HARRIET ST S STEVEN 0 & ROSEMARY MARCELLO MARCELLO,STEVEN 0 & ROSEMARY 1649 PELTIER LK DR CENTERVILLE MN 55038 $ 5,640.32 $ 1,780.31 $ 1,850.00 $ 9,270.63 280302034lKl73 414 HARRIET ST S lAMES H & CAROL ROSENWINKEL ROSENWINKEL,IAMES H & CAROL 414 HARRIET ST S STILLWATER MN 55082 $ 5,640.32 $ 1,780.31 $ 1,850.00 $ 9,270.63 2803020340074 416 HARRIET ST S KIMBERlY M WESTBURY WESTBURY,KIMBERlY M 416 HARRIET ST STILLWATER MN 55082 $ 5,640.32 $ 1,780.31 $ 1,850.00 $ 9,270.63 280302034lKl75 418 HARRIET ST S DONALD P IR&MARY CHRISTENSEN CHRISTENSEN, DONALD P IR&MARY 418 HARRIET ST S STILLWATER MN 55082 $ 5,640.32 $ 5,340.93 $ 10,981.25 2803020340076 604 PINE ST W SUZANNE SCHILLING & P GANAPES SCHILLlNG.SUZANNE & GANAPES,P 604 PINE ST W STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020340091 304 HOLCOMBE ST S SHIRLEY MONTBRIAND ETAL MONTBRIAND,SHIRlEY ETAL 304 HOLCOMBE ST S STILLWATER MN 55082 \ $ 2,82lU 6 $ 2,820.16 2803020340113 518 HOLCOMBE ST S JOHN C & LAURIE A LARSON LARSON,JOHN C & LAURIE A 518 HOLCOMBE ST STILL WATER MN 55082 $ 5,640.32 $ 5,640.32 2803020340114 510 HOLCOMBE ST S lAMES R BANISTER BANISTER,IAMES R 510 HOLCOMBE ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 2803020340115 504 HOLCOMBE ST S MICHAEL E & AUDREY MIKKELSON MIKKELSON,MICHAEL E & AUDREY 504 HOLCOMBE S STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020340117 521 PINE ST W JOSEPH C FORREST FORREST.IOSEPH C 107 ISTST SOMERSET WI 54025 $ 2,820.16 .~ $ 2,820.16 2803020340118 513 HARRIET ST S MARILYN I MCALPINE MCALPINE,MARIL YN I 513 S HARRIET ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 2803020340119 517 HARRIET ST S STEVEN ZOLLER ZOLLER,STEVEN 5450 OBRIEN AVE N STILL WATER MN 55082 $ 5.640.32 $ 1,780.31 $ 7,420.63 2803020340120 516 HARRIET ST S PEGGY 10 JENSEN JENSEN.PEGGY 10 516 S HARRIET ST STILLWATER MN 55082 $ 5,640.32 $ 1,780.31 $ 7,420.63 2803020340121 603 PINE ST W DONALD A k 10ANNE M PEDERSON PEDERSON, DONALD A & 10ANNE M 607 PINESTW STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020340126 716 WILLARD ST W IRA L & MARTIiA F FRANK FRANK,IRA L & MARTIiA F 716 WILLARD ST STILLWATER MN 55082 $ 2,820.16 1,780.31 $ 4,600.47 2803020340129 828 WILLARD ST W 10E R & HEIDI L TIlOMPSON TIlOMPSON,JOE R & HEIOI L 828 WILLARDSTW STILL WATER MN 55082 $ 5,640.32 $ 5,640.32 2803020430001 426 PINE ST W CHARlES FWYNN WYNN,CHARLES F 426 PINE ST W STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020430002 425 HOLCOMBE ST S BRUCE L & MARY M ARONSON ARONSON, BRUCE L & MARY M 425 HOLCOMBE ST S STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 28030204311029 519 HOLCOMBE ST S MICHELE S CASSA V ANTE CASSA V ANTE, MICHELE S 519 HOLCOMBE STILLWATER MN 55082 $ 2,820.16 $ 2,821U 6 2803020430030 429 PINE ST W GEORGE A & KIMBERLY HUDACHEK HUDACHEK,GEORGE A & KIMBERLY 429 W PINE ST STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020430057 522 4T1l ST S TRUST AGREEMENT OF EDWARD W SIlo' SIMONET,EDWARD W III & FRANCIS I RH 522 4T1l ST S STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020430063 521 5T1l ST S lAMES R & BARBARA L GREEDER GREEDER,IAMES R & BARBARA L 521 5T1l ST S STILLWATER MN 55082 $ 2,820.16 $ 2.820.16 2803020430064 101 PINE ST W WASHINGTON COUNlY WASHINGTON COUNlY 11660 N MYERON RD STILLWATER MN 55082 $ 17,772.00 $ 17.772.lKI 2803020430065 601 4T1l ST S TlMOTIlY I k AMY F MCKEE MCKEE, TlMOTIlY I & AMY F 601 4T1l ST S STILLWATER MN 55082 $ 2,820.16 $ 2,820.16 2803020430069 604 4T1l ST S ST PAUL'S LUTIlERAN CHURCH ST PAUL'S LUTIlERAN CHURCH 609 5T1l ST S STILLWATER MN 55082 $ 8,886.lKI $ 8.886.00 2803020430072 605 5T1l ST S GERMAN EVANGELICAL LUTIlERAN GERMAN EVANGELICAL LUTIlERAN 605 5T1l ST S STILL WTER MN 55082 $ 8,886.00 $ 8,886.00 2803020430090 417 HOLCOMBE ST S M VIOLETrE KAEDER KAEDER,M VIOLE1TE 417 S HOLCOMBE ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 911112003 2S0302043lK191 4119 HOLCOMBE ST S LILLIAN C BANCROFT BANCROFT.L1LLlAN C 409 S HOLCOMBE ST STILLWATER MN 55082 $. 5,640.32 $. 5,640.32 2S0302043lK192 405 HOLCOMBE ST S MARIAN WICKER WlCKER,MARIAN 405 S HOLCOMB STILLWATER MN 550S2 $. 5,640.32 $. 5,640.32 2S03020430 IlK) 411 OLIVE ST W DA VIDP 8< KATHY K SLETTEN SLETTEN,DA VID P 8< KATHY K 411 W OLIVE ST STILLWATER MN 550S2 $. 2,S20.16 $. 2,S20.16 2S03020430 102 310 61li ST S PAULJ 8< KA1liLEEN B FLYNN FLYNN,PAULJ 8< KA1liLEEN B 310 61li ST S STILLWATER MN 550S2 $. 5,640.32 $. 5,640.32 2S03020430 103 31S 61li ST S JAMES C 8< NANCY K NELSON NELSON.JAMES C 8< NANCY K 31S S 61li ST STILLWATER MN 550S2 $. 5,640.32 $. 5,640.32 2803020430105 323 HOLCOMBE ST S DONNIE R 8< CAROL L HARGATE HARGA TE,DONNIE R 8< CAROL L 323 S HOLCOMBE STILLWATER MN 55082 $. 5,640.32 $. 5,640.32 2S0302044ooS1 604 3RD ST S JEFFREY J 8<NANCY C BRODERICK BRODERlCK,JEFFREY J 8<NANCY C 604 S 3RD ST STILLWATER MN 550S2 $. 2,S20.16 $. 2,821U6 3303020120069 521 WILLARD ST W MARY JO JOHNSON JOHNSON,MARY JO 52' W WILLARD ST STILLWATER MN 55082 $. 2,S20.16 $. 1,780.31 $. 4,6lK).47 3303020120079 522 CHURCHILL ST W KA1liERINE E FORSBLOM FORSBLOM,KA 1liERINE E 522 W CHURCHILL STILLWATER MN 550S2 $ 2,S20.16 $. 1,780.31 $ 4,61)(J.47 3303020 I 200S0 705 HOLCOMBE ST S MICHELE M BAGGOTT BAGGOTT.MICHELE M 705 S HOLCOMBE ST STILLWATER MN 550K2 $ 5.640.32 $ 5.640.32 3303020 I 200K2 701 HOLCOMBE ST S KENNE1lI E YON YON,KENNE1lI E 701 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $ 5.640.32 33030201200K3 615 HOLCOMBE ST S JACQUELYN K PETERSON PETERSON,JACQUELYN K 615 HOLCOMBE ST STILLWATER MN 550K2 $ 5.640.32 1,7KO.31 $. 7,420.63 33030201200K4 611 HOLCOMBE ST S lYLER (; 8< JUDI1li A SMI1li SMI1H.lYLER G 8< JUDl1li A 611 S HOLCOMBE ST STILLWATER MN 550S2 $ 5,640.32 $. 5,640.32 3303020120097 520 HANCOCK ST W KENNE1lI T 8< CHARLOTT DIGGINS D1GGINS.KENNE1li T 8< CHARLOTT 520 HANCOCK ST W STILLWATER MN 550S2 $. 2,K20.16 $. 2,S20.16 330302<J12IHl99 ,ooJ HOLCOMBE ST S MJCHAEL F 8< JEAN B GEARHART GEARHART.MICHAEL F 8< JEAN B ({)(JI HOLCOMBE ST S STILLWATER MN 550K2 $. 5,640.32 $. 5,640.32 3303020120100 921 HOLCOMBE ST S JOHN C 8< KA1liRYN M A KROENING KROENING,JOHN C 8< KA 1liRYN M A 921 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $. 5,640.32 3303020120 I 0 I 917 HOLCOMBE ST S RICHARD M 8< SUSAN A IACOBSEN JACOBSEN.RICHARD M 8< SUSAN A 917 S HOLCOMBE ST STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 3303020120102 913 HOLCOMBE ST S BEATRICE E HARVIEUX HARVIEUX,BEATRICE E 913 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $. 5,640.32 3303020120103 521 CHURCHILL ST W FRED S 8< DIXIE L KEENAN KEENAN,FRED S 8< DIXIE L 521 W CHURCHILL ST STILLWATER MN 550K2 $ 2,K20.16. $ 2,K20.16 330302021000 I 609 WILLARD ST W JENNIFER I 8< JEFFREY R NELSON NELSON,JENNIFER J 8< JEFFREY R 609 WILLARD ST W STILLWATER MN 550K2 $. 5,640.32 $ 5,640.32 330302021lKl02 61111 HOLCOMBE ST S DAVID W 8< LINDA L SIMONET SIMONET,DA VID W 8< LINDA L 600 HOLCOMBE ST STILLWATER MN 550S2 $. 5,640.32 1,7S0.31 $. 7,420.63 3303020210003 613 WILLARD ST W 1liOMAS LEO 8< CAROL JOY WEBER WEBER, 1liOMAS LEO 8< CAROL JOY 613 WILLARD W STILLWATER MN 550112 $ 5,640.32 $ 5.640.32 3303020210004 621 WILLARD ST W JOESPH W HOLMBERG HOLMBERG,JOESPH W 621 W WILLARD ST STILLWATER MN 550S2 $. 5,640.32 $ 5,640.32 3303020210007 602 HOLCOMBE ST S PAUL W WICKLAND WICKLAND,PAUL W 602 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $. 5,640.32 3303020210008 616 HOLCOMBE ST S PAMELA I WILLlQUETT WILLlQUETT,PAMELA J 616 HOLCOMBE ST STILLWATER MN 55082 $ 5,640.32 $. 5,640.32 3303020210009 703 WILLARD ST W BRENDA J.A. KOLLER 8< lEAN A WESTPH KOLLER,BRENDA J.A. 8< WESTPHAL 703 W WILLARD ST STILLWATER MN 550S2 $ 5,640.32 $. 1,7KO.31 $. 7,420.63 3303020210010 709 WILLARD ST W ROBERT A 8<LORENE M BONINE BONINE,ROBERT A &LORENE M 709 W WILLARD ST STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 33030202l(MlIl 721 MARlliA ST S BRADLEY F WOLFF WOLFF,BRADLEY F 721 MARlliA ST S STILLWATER MN 550S2 $ 2,S20.16 $ 2,K20.16 3303020210012 719 WILLARD ST W CHRISTOPHER 8< MICHELLE GERRARD GERRARD.CHRlSTOPHER8<MICHELLE & 719 WILLARD STW STILLWATER MN 550S2 $. 5,640.32 $ 5,640.32 3303020210013 716 HARRIET ST S SCOTT 0 SHELY SHEL Y,SCOTT 0 7]6 S HARRIET ST STILLWATER MN 550S2 '$ 2,S20.16 2,S20.16 $ 5,640.32 3303020210014 S03 WILLARD ST W CHERYL A HANSEN HANSEN.CHERYL A K03 WILLARD STW STILLWATER MN 550S2 $ 5,640.32 $. 5,640.32 33030202100 I 5 7 III MARlliA ST S MICHAEL J & LISA M HAAS HAAS,MICHAEL J 8< LISA M 710 MARlliA ST S STILLWATER MN 550K2 $ 5,640.32 1.237.00 9;!2.00 $ 7,799.32 3303020210016 SII WILLARD ST W LEONARD A 8< IANICE H GUNDERSON GUNDERSON.LEONARD A 8< JANICE H 67S0 LAKE ELMO AVE N STILLWATER MN 550K2 $ 5,640.32 1,7KO.31 $ 7,420.63 33030202 I 0I1I 9 703 EVERETT ST S MICHAEL A & REBECCA MARSNIK MARSNIK,MICHAEL A & REBECCA 703 S EVERETT ST STILLWATER MN 550K2 $ 5.640.32 1,237.00 922.00 $ 7,799.32 3303020210020 709 EVERETT ST S RICHARD W 8< IUDI1li L LEN1Z LENlZ,RlCHARD W 8< JUDl1li L 709 EVERETT ST S STILLWATER MN 550S2 $. 5,640.32 1,237.00 922.00 $ 7,799.32 3303020210021 715 EVERETT ST S WILLIAM A & CA 1liERINE R HIEB HIEB,WILLlAM A 8< CA 1liERINE R 715 EVERETT ST S STILLWATER MN 550K2 $. 5,640.32 1,237.00 922.00 $ 7.799.32 33030202 WlJ22 72] EVERETT ST S MARY LOUISE REGIS TRUSTEE REGIS.MARY LOUISE TRUSTEE 721 EVERETT ST S STILLWATER MN 550K2 $. 2,K20.16 $ 2,K20.16 3303020210023 716 MARlliA ST S SHARON MARIE PARNELL PARNELL,SHARON MARIE 716 S MAR1liA ST STILLWATER MN 550K2 $ 5,64lJ.32 1,237.00 $ 922.00 $ 7,799.32 33030202111025 722 MARlliA ST S LEELAND K8< LISA M T GILLIAM GILLlAM,LEELAND K 8< LISA M T 722 MARlliA ST S STILLWATER MN 550K2 $ 2,K20.16 1,237.00 $ 922.00 $ 4,979.16 3303020210026 903 WILLARD ST W R PETER & lEAN MARIE ULLAND ULLAND,R PETER & JEAN MARIE 903 WILLARD ST W STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 330302021(1027 907 WILLARD ST W RONALD B 8< GAY LYNN LUNDSTROM LUNDSTROM, RONALD B 8< GAY LYNN 907 WILLARD STW STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 330302021002K 905 WILLARD ST W AN1liONY 8< KRISTIN M BARBIER BARBIER,AN1liONY 8< KRISTIN M 905 WILLARD ST W STILLWATER MN 550K2 $ 5.640.32 $ 5,640.32 3303020210030 716 EVERETT ST S JANE T KURE KURE,JANE T 716 EVERETT ST S STILLWATER MN 550K2 $ 5,640.32 $ 5.640.32 3303020210031 722 EVERETT ST S CORY C 8< NAASHOM M BUETrNER BUETrNER,CORY C 8< NAASHOM M 722 EVERETT ST S STILLWATER MN 550K2 $ 2,S20.16 $ 2,K20.16 3303020210051 706 HOLCOMBE ST S RICHARD T.& TAMARA A BEBERG BEBERG,RlCHARD T 8< TAMARA A 706 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 3303020210052 702 HOLCOMBE ST S STEPHEN I 8< ANN M MARLOW MARLOW,STEPHEN I 8< ANN M 702 HOLCOMBE ST S STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 3303020210056 602 CHURCHILL ST W JAMES R 8< GERALDINE L GORDER GORDER,JAMES R 8< GERALDINE L 602 CHURCHILL ST W STILLWATER MN 550S2 $ 2,K20.16 $ 2,K20.16 3303020210057 603 CHURCHILL ST W SCOTT P DEMARS DEMARS.SCOTT P 603 CHURCHILL ST W STILLWATER MN 550K2 '. $ 2,K20.16 $. 2.K20.16 3303020210062 612 ANDERSON ST W JANE M KLEIN KLEIN,JANE M 612 ANDERSON STW STILLWATER MN 550S2 $ 1.7S0.31 $ I ,7K0.3 I 3303020210063 916 HOLCOMBE ST S JEFFREY R SHALEEN SHALEEN,JEFFREY R 916 HOLCOMBE ST S STILLWATER MN 550K2 $ 5.640.32 $ 1,7S0.31 $ 7,420.63 3303020210064 606 ANDERSON ST W EARL E 8< MARY J MEISSNER MEISSNER,EARL E 8< MARY J 606 ANDERSON ST W STILLWATER MN 550K2 $. 2,K20.16 $... 1,7S0.31 $ 4,600.47 3303020210106 1010 HOLCOMBE ST S DOMINIC M HOYOS 8< A M ADERMANN HOYOS,DOMINIC M & ADERMANN,A M 1010 HOLCOMBE ST STILLWATER MN 550K2 $ 5,640.32 $ 5,640.32 3303020210107 601 ANDERSON ST W JILL R JANERO IANERO,IILL R 601 ANDERSON ST W STILLWATER MN 55/182 $ 2,K20.16 $ 2,S20.16 3303020210109 1016 HOLCOMBE ST S SHERRY M FRISCH FRlSCH,SHERRY M 1016 HOLCOMBE ST S STILLWATER MN 550K2 $ 5.640.32 1,7S0.31 $ 7,42/1.63 3303020210110 717 WILLARD ST W lYLER ANDREW HANSON HANSON,TYLERANDREW 717 WILLARD STW STILLWATER MN 55082 $ 5,640.32 1,7S0.31 $ 7,420.63 330302022lK)0 I 919 WILLARD ST W MARGARET H PETERSON PETERSON, MARGARET H 919 WILLARD ST W STILLWATER MN 550K2 $ 5,640.32. 1,7KO.31 $ 7,420.63 3303/120220lKI2 921 WILLARD ST W IANINE M 8< MARK 0 MCHENRY MCHENRY,JANINE M 8< MARK 0 921 WILLARD ST W STILLWATER MN 550S2 $ 5,640.32 : 1,7KO.31 $ 7,420.63 330302022lKI05 7/11 GREELEY ST S MARK A & KAREN M GIESEKE GIESEKE,MARK A 8< KAREN M 701 S GREELEY ST STILLWATER MN 550K2 $ 2,K20.16 $ 2,K20.16 3303020240lK) I 1020 HOLCOMBE ST S IERRY J JR 8< DIANA M COLBURN COLBURN,JR,IERRY J 8< DIANA M 1020 S HOLCOMBE ST STILLWATER MN 55082 $ 5,640.32 $ 5,640.32 3303020210 119 717 MARlliA ST S BAHR CONSTRUCTION LLC BAHR CONSTRUCTION LLC 11550 STILLWATER BLVD #100 LAKE ELMO MN 55042 $ 5.640.32 $. 5,640.32 3303020210049 702 CHURCHILL ST W COLLEEN MCCREADY 1 B A DASOV1C MCCREADY, COLLEENI DASOVIC B A 702 CHURCHILL ST W STILLWATER MN 550K2 $ 2,S20.16 $ 2,K20.16 33030202111040 SI2 HARRIET ST S MARGERET GLENNON GLENNON,MARGERET KI2 S HARRIET ST STILLWATER MN 550K2 $ 5,640.32 $ 5.640.32 3303020210053 622 CHURCHILL ST W TRUETT M 8< JILL U LAWSON LAWSON, TRUETT M 8< JILL U 622 CHURCHILL ST W STILLWATER MN 550K2 $. 2,820.32 $ 2.K20.32 3303020210054 S07 HARRIET ST S TRUETT M 8< JILL U LAWSON LAWSON, TRUETT M 8< JILL U S07 S HARRIET ST STILLWATER MN 550S2 $ 5,640.32 $ 5.640.32 9/1. . . 2 .., "" , ." , . . . Memo r To: From: Date: Subject: fL/ Mayor and City Council . ~ Steve Russell, Community Development Director September 11, 2003 Traffic Study for Lakeview Hospital Parking Expansion Background. Lakeview Hospital is preparing plans to construct a parking structure due to the loss of parking at the Junior High School. A parking structure would result in a redistribution of traffic in the area around the Junior High School and hospital. In order to evaluate the traffic impacts on adjacent streets and residential areas, a traffic study is proposed. The study would be prepared by SEH and paid for by the City of Stillwater (the City would be reimbursed by Lakeview Hospital for the cost of the study). The study would provide information that can be considered when the special use permit for the parking structure is considered. The costs of the study is $6,350. Recommendation: Approval of agreement with SEH for preparation of Parking Structure Traffic Impact Study (resolution). Attachment: Lakeview Hospital Parking Traffic Study. 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 YJt7-yS-?~ 651.490.2000 651.490.2150 FAX ... "'SeJ , architecture engineering environmental transportation . August 13,2003 RE: Stillwater, Minnesota Lakeview Hospital Parking SEH No. A-STILLOlO1.00 14.00 t Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082-4807 Dear Steve: We have met with representatives of Lakeview Hospital concerning the potential development of a, parking structure on the hospital campus. There are several traffic concerns which should be addressed in the approval process. A major consideration is the change in traffic patterns on the residential streets in the vicinity of the hospital. Moving hospital employees' parked vehicles from the Stillwater Middle School to the hospital campus will result in some changes in traffic patterns in the area east of the hospital. Other concerns are the operation of the intersections of Everett Street and Churchill Street, Greeley Street and Churchill Street and Greeley Street and the access to the . hospital. To address these considerations and concerns, as well as to provide the best operating traffic circulation pattern possible, we have put together a work program to evaluate existing operation, changes in travel patterns, and potential improvements which may be desirable to both the on-site circulation and the surrounding street system. 1. We would develop an understanding of the existing travel patterns. We anticipate doing a quick survey of the existing parking lot usage including both sites on campus and adjacent to the campus, and at the Stillwater Middle School. We would request that the hospital provide information on employee parking and on the staffing at the hospital. It would be desirable to obtain the number of hospital staff and employees by shift, recognizing that in the medical profession, shifts are constantly changing. We would also seek some client information in terms of in-patients, out-patients and visitors. Also, we would look for some information from the hospital relative to the areas of employee residences. If we can obtain even zip code information on the employee residences, that can help to establish the traffic patterns to and from the hospital. Finally, we would request information on the EMS hospital emergency runs so we can assess the use of the emergency entrance and the potential conflicts with the existing and potential future circulation patterns. 2. We would forecast new travel patterns based on a change in parking strategy. The number of employees parked in the Stillwater Middle School lot would be theoretically moved to the new ramp and the travel patterns would be redeveloped using this change. We would determine a net increase or decrease on various routes such as Churchill Street, Holcomb Street, Everett . Street, and Orleans Street, and 4th Street. Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer . f Mr. Steve Russell August 13,2003 . Page 2 3. We would obtain MnlDOT Traffic Forecasts for Highway 36 and the various cross streets so we can anticipate and evaluate the changes in patterns coming from the Highway 36 improvements. This will have a separate effect on travel pattern~, but needs to be considered in looking at future travel patterns . with both the hospital ramp and Highway 36 improvements. 4. Adjacent street circulation patterns and entrance patterns would be developed. Using data from existing traffic patterns, and from parking lot usage, we would estimate traffic at the entrances to the existing parking lots. Using the new ramp concepts, we would then estimate the changes in traffic at the various entrances. We can then identify traffic volumes at the entrances and evaluate the operation of both the entrances and the adjacent street system. We would revise access in concept and attempt to improve the overall operation. This may include some changes in parking lot patterns if they will provide an improvement in operations. We would then work with the hospital to develop recommendations for the overall circulation patterns and the layout of the parking lots, particularly the parking' structure. . 5. We anticipate the need for several meetings. We assume that we will need to meet with the hospital staff to obtain information relative to hospital operations and to discuss their feelings of the efficiency of the operation of their existing lot, improvements they would like to see and concerns which they have. . A second meeting would be held with City staff to discuss the information which we will have accumulated and the patterns which we will have determined. This would probably be held after we have been able to estimate traffic at the adjacent entrances. A following meeting with the hospital staff on the same day could then be handled efficiently. A third meeting would be with the Planning Commission and the fourth would be at the City Council. We feel that these four or five meetings should be budgeted for and would only charge for them if we actually attend. 6. It is necessary to provide a documented report of our procedures, collected data and findings. We anticipate that this would be sent to the City for review following the several meetings with the final draft being delivered to complete the project. We understand that time is imponant in the schedule. . We therefore will begin to collect information from the parking lots immediately. We feel that we can have all work completed, with the exception of meetings, within two weeks of receiving the employee information f~UU1 the hospital. This does not include the final recommendations for the layout and the report. Those would be developed as the meetings progress. We have carefully considered the staff needed and the time required. We estimate that the study, as outlined above, can be completed for $6,350. Because of my familiarity with the Stillwater traffic patterns, I would do the majority of the work. Some technical assistance would be obtained from other staff members. . Mr. Steve Russell August 13, 2003 Page 3 Will you kindly review the work program, as outlined, the schedule and the fee. If you are in agreement with them, please notify us and we will begin our work immediately. We are sendinga copy of this letter to the hospital representatives for their review si~ce we understand they will ultimately be responsible for the traffic study. Our contract, however, will be directly with the City. Please call if you have any questions or need any additional information. Respectfully submitted, SHORT pT I10IT HENDRICKSON INC. --dtu, !/a,;()/~ Glen Van Wormer, PE Senior Transportation Engineer sah c: Klayton Eckles, City Engineer, City of Stillwater Terry Hakkola, PE, Walker Parking Consultants Tom Sohrweide, SEH Steve Heth, SEH \\spfile.l\sph'\pI\sIUI\OIOI00\._"_."U~;_~ce\russe1lO81303.doc -;~, " . . . .aWelC< Wenck Associates, Inc. 1\\ 360 North Robert Street, Suite 444 St.Paul, MN 55101 (651) 228-1909 Fax (651) 228-1969 E-mail: wenckmp@wenck.com lofts of Stillwater, 501 Nonh Main The soil remediation at the site conducted between February and July2003 has rectified the presence of poly-nuclear aromatic hydrocarbons (PAHs) above levels of regulatory concern. P AHs are most commonly associated with creosote or coal tar. (The origin of the P AHs on the site is unknown, but is presumed to relate to historic import of contaminated fill.) To date, 21,484.6 tons ofPAH-impacted material has been removed and appropriately landfilled off-site. Confirmatory testing of soil at the bottom of the excavation area confirms that the cleanup goal of <2.0 }'}'m total PAHs (expressed as benzo(a)pyrene equivalents) has been achieved in all excavation floor sampling locations. In addition, 442.5 tons of material that contained asbestos debris was removed and taken to a landfill permitted for asbestos disposal. Another 872.5 tons of concrete and asphalt was removed, and crushed off-site to be recycled as road base. . The site has been regraded to a uniform depth to accommodate driving piles for construction. After the piles have been driven, a vapor mitigation system will be installed to protect the building from vapor migration potentially associated with historic releases. of petroleum. The petroleum releases are a separate environmental condition from the P AHs, and have required regulatory interface with a second MPCA cleanup program. All site work has occurred with the cooperation, participation and approvals of the MPCA's VIC and VPIC programs along with the participation and cooperation of the City of Stillwater. DTED and Met Council grant money has made the.project cleanup possible. Total project cost (to date) has been approximately $675,000.00. If there are questions concerning the status of the project, please contact Mr. Joseph Otte of Wenck Associates, Inc., at (651) 228-1909, ex!.! 1. ~ SALlTERMAN LTD. CERTIFIED PUBLIC ACCOUNTANTS Mark Saliterman Certified Public Accountant DIAMOND HILL CENTER 4301 HIGHWAY 7, SUITE 100 ST. LOUIS PARK, MN 55416 (952) 920-8282 FAX (952) 920-8474 email: mas@salitermanltd.com . ~~, ,..;, ~~~:+.. :~nn II!:J V....'-( ........... ':' ":" :. .'" . QUITCLAIM DEED STATE DEED TAX DUE HEREON: $ C.S. 8210 (95=95-21-1A) Parcel K2 County of Washington The State of Minnesota having heretofore acquired in fee the real estate hereinafter described for trunk highway pUlposes, and the Commissioner of Transportation of said State having determined that the same is no longer needed; Now, therefore, upon said determination and pursuant to Minnesota Statutes Section 161.44, the State of Minnesota, by Carol Molnau, its Commissioner of Transportation, Grantor, for and in consideration of the sum of Forty Thousand and No/100 Dollars ($40,000.00) paid to the State for deposit in the trunk highway fund, does hereby release, quitclaim and convey to The Lofts of Stillwater, Inc., a corporation under the laws of the state of Minnesota, Grantee, all its interest in and to the real estate In Washington County, Minnesota, described as follows: All of the following: That part of Tract A described below: Tract A. That part of Tract No.2, as described In Book 1 of Register of Titles, at page 48, as the same Is on file in the office of the Registrar of Titles in and for Washington County, Minnesota described as follows: Beginning at the point of intersection of the east line of North Main Street, as shown on the plat of the Original Town, now City of Stillwater, with a line run parallel with and distant 9 feet southeasterly (when measured at right angles), from the center line of the spur track located across said tract prior to December 1, 1935; thence run northeasterly along said 9 foot parallel line to its intersection with a line run parallel with and distant 34 teet easterly (when measured at right angles), from the east line of said North Main Street; thence run southerly parallel with the east line of said North Main Street for a distance of 100 feet; thence continue southerly in a straight line along said last described course to the easterly line of said North Main Street; thence run northerly along said east street line to the point of beginning; As amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878; EXCEPT therefrom that part which lies easterly of Line 1 described below: Line 1. Beginning at the point of intersection of the north line of Tract A hereinbefore described with a line run parallel with and distant 18 feet easterly of the east line of said North Main Street; thence run southerly along said parallel line for 320 feet; thence run southerly to the southwest comer of said Tract A and there terminating; . the title thereto being registered. Page 1 of 2 "'V{ I..., '"........<<.<~~. I'V '1 nn ... Ie.. ......... .....,...... II!d ......,....{ ......V ~.. ...... ... THE ABOVE DESCRIBED REAL PROPERTY IS SUBJECT TO THE RIGHTS OF EXISTlNG UTlunES,lFANY, AS PROVIDED IN MINNESOTA STATUTES ;161.45 SUBDIVISION 3. . The Seller certifies that the Seller does not know of any wells on the described real property. Dated this 2fl day of 11 fJ.A u ~.r (; , 2-00 3 STATE OF MINNESOTA BY~~ {Cel'Fll'FlissieFler sf TfBA':r "..;,,,~ (Director of the Office of Land Management) ~~.~:~,;.. t-B:.. ~;., .)f 11'1& OHlee of L,:u\J.M8,., "".iI'''~ Seal of the Commissioner of Transportation . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this. ;:) q day of ~~ .. ~1. before me, a Notary Public within and for said County, personally peared .I1J1~n~./ , to me personally known to I?e the person who executed the foregoing Instrument and who did say that he is the{G _;.".....~.....:...-....-.ef..R'",.,.:... ...~Jtierl) (Director of the Office of Land Management and duly authorized agent of the CommIssioner of Transportation) (A 'i',i..t~Rt ~:~ r ~e 0f:Jir;e ':'~ '':''RQ ~bAag9FReRt aRd dwly aYt!;Jeril.91i1 agent sf tl=le C9FRFRissieAer sf -ffa...... p. .. .-::atiefij of the State of Minnesota and acknowledged that he executed the foregoing instrument and caused the seal of the Commissioner of Transportation to be affixed thereto, by authority of Minnesota Statutes, Section 161.44, and as the free act and deed of said State. .:iJtu~/ J),~A( -G)'I<' MURIEL I. KOHLER. . ~ NOTARY. PUBUC . MINNESOI'A jl.' MvCa/mll;EJpm.llll.31.. : This instrument was drafted by the State of Minnesota. Department of Transportation, Legal and Real Estate Conveyance Unit, 51. Paul, Minnesota 55155 R66993G-08W.doc . Page 2 of 2 . . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE#202' P.O. Box 438 . STILLWATER,MN55082 TELEPHONE: (651)439-9464 . FAX: (651)439.~641 DAVIDT. MAGNUSON MARGARET M. MURPHY. MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: September 12, 2003 RE: Lofts of Stillwater Development Agreement The enclosed Development Agreement has been negotiated by the staff and lawyers for Mark Saliterman and is now in a form acceptable to all parties. We submit this Agreement for consideration and approval by the City Council. ~taff will be available to discuss any aspect of the Agreement ifthe Council deems it necessary. Respectfully, o DTM/nm Enclosures I I ! APPROVING LOFTS OF STILLWATER DEVELOPMENT AGREEMENT . BE IT RESOLVED by the City.Council of Stillwater, Minnesota,' that the contract between the City of Stillwater and The Lofts of Stillwater, Inc.;as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 16th day of September, 2003 . Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND THE LOFTS OF STILLWATER, INC. This document was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 .Execution Draft September 11,2003 TABLE OF CONTENTS '. Palle ARTICLE I.:............................. ................................ ... ... ............. ...o'.... ........................ ;............................ ......... ...-2 Section 1.1. Definitions.........;.... ..,......... ........ ...................;..... ...... ..... ...........:.... ........ .... .':............ 2 ARTICLE 2........................ ................................................. ..... ...... .... ..... ................. ......................................o' .....o'. 4 Section 2.1. Representations by the City. ...........,............................................................~........,. 4: Section 2.2. Representations and Warranties by the Develo~er. ............,....................,..~........... 4 ARTICLE 3........................... ....................o'................ :...... ............. ..................... ................~........... ......... ........ .... 5 Section 3.1. Conditions Precedent to City Actions. .................................................................... 5 Section 3.2. Limitation on City Financial Obligations. ............,..................................;..........:... 5 Section 3.3. City Action.......... .............;............................... ....... ..,........ ............ ......... ...... .......... 5. Section 3 :4. Developers' Covenants. .......... ,............. ..,....... ....... ..... .~.... .... .,. ......... .......... ......... ..... 6 ARTICLE 4.. ..... ........ .......... ......... ... ... ....... ............. ...... ....... ............... ........ .... ........ ...... ... ............. ... ...... ................ 7 Section 4.1. Construction of Minimum Improve merits. .............................;...........................;... 7 Section 4.2. Construction Plans, Changes. ...... ......; ....;......... ..... ....... .................,...., ................... 7 Section 4.3. Commencement and Completion of Construction...'.............................................., 7 Section 4.4. Certificate of Completion. ... .......... ...... ........ ............... ..... .... ... ........... i .... ........ .....,... 8 Section 4.5. Indemnity. ... ............ ......... ....... ............ ......;. ......... ......... ......... ....... ............ .....;.... ..'''. 8 Section 4.6; Site Improvements. ............ ....... ....... ..:...... .... ... ....o'. ........... ...:....... ........ ..... ..:.. .,. ......8 Section 4.7. Issuance of Notes to Reimburse Cost of Site Improvements.i................................9 ARTICLE 5....... .................... i..... ..... ...... ..... ........: ..... ................. ............ ........:............... ........ ..... ......... .......... ...... 9 . Section 5.1. Insurance. ...... ...... ............................. ........ ....... .... ............ ............... ............. ...... .........9 . Section 5.2. Rights of Mortgage Holder. .................................................................................. 10 ARTICLE 6....... ................ ........ ................ ..... ....... ....... ........... ........... ... ....... .... ............. ..;........ ............. ............. 10 Section 6.1. Real Property Taxes. . ......... ..... .... ..... ........ ..................... ... .... ..... ........ .... ...... ........ ..... 10 ARTICLE 7..... ... ............ ........... ......................... ....... ............. .... ......................... ........... .......... ............... ..... ...,.. II Section 7.1. Financing... ..................... .... ...... .......... .......... .......... ....... .... ....... ............... .... ....... .... 11 Section 7.2. Limitation Upon Encumbrance of Property.....................................................,.... 11 ARTICLE 8.... ....................... :......... .... .... ............ ...... .............. ........................... ...........................:..... ....... ......... 11 . Section 8.1. Representation as to Development....................................................;i.............:.... 11 ARTICLE 9...... ..................... .o'...................... ..... ....... ............ .... ........................... ................ .... .................. ... ......i 12 Section 9.1. Events of Default Defined: ............ ....... ::.............;.............. ......i...... ...... ................ 12 Section 9.2. Remedies on. Default. ............................i.;............................................................. 13 Section 9.3. No Remedy Exclusive.........::.................;......... ........ ..... ............ .... ....... ..........;. ..... 13 Section 9.4. No Additional Waiver Implied by One Waiver. ................".....................;.............. 13 ARTICLE 10.................. .... .... ............ ................ .... .... ......... .......,.... ..................... .............. .:...... ...., ............ ........, i 4 . Section 10.1. Conflict of Interests; City Representatives Not Individually Liable: ...........;..... 14 Section 10.2. Equal Employment Opportunity. ...;......................................,.............................. 14 Section 10.3. Titles Of Articles and Sections. ........................................................................... 14 Section'10.4. Notices and Demands. .................;....................................................................... 14' Section 10.5. Time of Essence. ..... ......... ............... ... .... .............. ....... .............. ~ ~ ......,. .............,.. 15 . Section' 10.6. Interpretation. i............. o'...... ..... .......... ..., ............ .:.. ..... ........... .......... .......... ... .:...... 15 (i) . . . Section 10.7. Construction... ...... ................. ................. ........................................................ ..... 15 Section 10.8. Parties in Interest.......... .............. ........ ............ ..................................................... 15 Section 10.9. Entire Agreement. .... ....... .............. ...... ................ ..................... ........................... 15 Section 10.10. Counterparts. ........ ........... ............. ..... .......... ........ ........... ..... ...... ........ ........... ..... 16 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K Tax Increment Financing Plan for Tax Increment District No. 10 Legal Description of Development Property Heat Exchange System Plans Minimum Improvements Eligible Site Improvements Environmental Reports Assessment Agreement and Assessor's Certificate Certificate of Completion Form of Tax Increment Note Legal Description of Option Property Rail Road Temporary Easement Description (ii) CONTRACT FOR PRIVATE DEVELOPMENT . THIS AGREEMENT, effective the day of 2003, 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 THE LOFTS OF STILL WATER, INe. (the "Developer"), a Minnesota corporation. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124 - 469.134, as amended, the Council is authorized to establish development districts in order to provide for the development of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") pursuant to the Municipal Development Districts Act; known as Tax Increment Financing District No. 10 (the "Financing District") and a Tax Increment Financing Plan (the "Plan") a copy of which is attached hereto as Exhibit A, also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, to provide housing opportunities, eliminate obsolete or detrimental uses; and assemble land for development; and . WHEREAS, the Developer has acquired certain real property located in the District.(the real property is more particularly described in Exhibit B to this Agreement), and has proposed that the Developer construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: . - 1 - . . . ARTICLE 1 DEFINITIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means the Municipal Development Districts Act, Minnesota Statutes, Section 469.124 et seq., as amended. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.2.1. "Assessment Agreement" means an agreement made pursuant to Minn. Stat.s469.177, Subd. 8, a copy of the Assessment Agreement is attached as Exhibit G. 1.1.3. "Available Tax Increments" means the tax increment . derived from the Development Property and received by the City in the six months preceding the Payment Date. 1.1.4. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit D attached to and made a part of this Agreement, provided to the. Developer, pursuant to Section 4.4 of this Agreement. 1.1.5. "City" means the City of Stillwater, Minnesota. 1.1.6. "Construction Plans" means the plans, specification.s, drawings and related. documents for the construction work to be performed by the Developer on the Development Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) must include at leastthe fo110wing: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one" side); (5) facade and landscape plan; and (6) such .other plans or supplements to the foregoing plans as the City may. reasonably request. 1.1.7. "County" means the County of Washington, Minnesota. 1.1.8. "Developer" means The Lofts of Stillwater, Inc., a Minnesota corporation. 1.1.9. "Development District" means Municipal Development District No. 1 created by the City. 1.1.10. "Development Property" means the property owned or. controlled by the Developer upon which the Developer will construct the improvements; the legal description is . set forth on Exhibit B. 1.1.11. "Drainage Easement" means the permanent easement tobe.grantedby the City to the Developer for construction and maintenance of a drainage pipe though and under the right- of-way of Main Street from the Prison Property to the Development Property for the purposes of -2- conveying spring water from the Prison Property for use in a heat exchange system to be built.as . part of the Minimum Improvements. 1.1.12. "Event of Default" means an action by the Developer described in Section 9.1 of this Agreement. 1.1.13. "Financing District" means Tax Increment Financing District Number 10, within Development District No. I. 1.1.14. "Heat Exchange System", means the system designed to provide heating forthe Minimum Improvements described on Exhibit C. . 1.1.15. "Holder" means the grantee under any Mortgage. 1.1.16. "Minimum Improvements" means the improvements to be constructed by the Developer on the Development Property, as detailed in the Construction Plans; that will have, when substantially complete, have a' minimum market value of at least Thirty Million and nolI OOth Dollars ($30,000,000.00). A general description of the Minimum Improvements are set forth in Exhibit D. 1.1.17. "Mortgage" means any mortgage or security agreement in which the Developer has granted a mortgage or othersecurity interest in the Development Property, or any portion or parcel thereof, any improvements constructed thereon, and which is a permitted encumbrance pursuant to the provisions of Article 7 of this Agreement. 1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Developer or the . City under a policy or policies of insurance required to be provided and maintained by the Developer pursuant to Article 5 of this Agreement and remaining after . deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.19. "Payment Date" means the payment dates as set forth iIi the Tax Increment Note attached hereto as Exhibit 1. . 1.1.20. "Permitted Encumbrances" means the encumbrances permitted described in Section 7.2 of this Agreement. . 1.1.21. "Prison Property" means the real property known as the Territorial Prison in Stillwater, Minnesota, described on Exhibit J. 1.1.22. "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. 1.1.23. "Remarketing Agent" means Dougherty & Company 'thl; 'entity responsible-for marking and selling the Tax Increment Note. 1.1.24. "Site Improvements" means the elements of the Minimum Improvements that are eligible for reimbursement from Tax Increments pursuant to Minn. Stat. S469.124- 469.134 as described on Exhibit E. 1.1.25.' "State''> means the State of Minnesota. . -.3 - . . . 1.1.26. "Tax Increment Note" means the taxable tax increment revenue note, The Lofts of Stillwater, Inc. Project Series 2003. 1.1.27. "Termination Date" means the date of expiration of the Assessment Agreement. 1.1.28. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE 2 REPRESENTATIONS AND WARRANTIES: INTERPRETIVE RULE Section 2.1. Representations bv the Citv. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved Development District No. 1 and will create, adopt and approve Tax Increment Financing District No. lOin accordance with the terms of the Act. The City will request that the Washington County Auditor certify the Financing District no later than July I, 2003 all in accordance with Minn. Stat. SS469.174 to 469.179. 2.1.3. The geographic area of the: Financing District includes the Development Property and other property. Section 2.2. Representations and Warranties bv the Developer. The Developer represents and warrants that: 2.2.1. The Developer will construct, market and sell the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. The Minimum Improvements will be constructed as an allowed use under the zoning ordinance of the City. 2.2.3. To the best of Developers lmowledge, as of the date of execution of this Agreement, the Developer has received no notice or communication from any local, state or federal official that the activities of the Developer, the City, or the Development Property may be or will be in violation of any environmental law or regulation, except as disclosed in the Environmental Reports attached as Exhibit F. As of the date of execution of this Agreement, the Developer is aware of no facts the existence of which could cause the Development Property to -.4- be in violation of any local, state or federal environmental law, regulation or review procedure or . which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.4. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Developer agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Developer, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. ARTICLE 3 CONDITIONS PRECEDENT TO CITY ACTIONS Section 3.1. Conditions Precedent to Citv Actions. Without limiting any other provision of this Agreement, the City will not be obligated to enter into the Assessment Agreement or to provide the assistance described in this Agreement . unless and until the following conditions have been satisfied with respect to the Development Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing. 3.1.1. The Developer has funded mortgage financing or has shown a sufficient equity infusion to the satisfaction of the City sufficient for construction of the Minimum Improvements. 3.1.2. The Developer has received a zoning use permit and building permit and any needed approval required by the City Planning Commission, the Heritage Preservation Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council (collectively, the "Grantor"). Section 3.2. Limitation on Citv Financial Oblil!ations. 3.2.1. In no event will the City be obligated to reimburse the Developer for Site Improvement expenses from any City funds other than the Available Tax Increment expressly described in this Agreement. 3.2.2. In the event that the Developer has not satisfied all conditions preceded by May 31, 2004, this agreement will be void and any sums paid to the City in the way of application fees, deposits or other fees are forfeited. Section 3.3. Citv Action. 3.3 .1. The City will take the following action in a timely manner: . - 5 - . 3.3.1.1. The City will review the Developer's submissions to the City in a timely manner. 3.3.1.2. The City will grant to the Developer a temporary, non~exclusive construction easement over and across the railroad property described on Exhibit K. The easement will provide to the Developer an area in which to stage construction of the Minimum Improvements. The easement will automatically tenninate upon the issuance of a Certificate of Completion. The Developer must restore the area within the easement to as close as reasonably possible to its original condition. . . 3.3.1.3. The City will grant to the Developer a drainage easement and necessary governmental approvals for the construction and maintenance of a drainage pipe consistent with the Heat Exchange System described on the attached Exhibit C in the. right-of-way of Main Street for the pUJ]Jose of conveying spring water from the Prison Property for use by the Developer. Thb drainage easement will automatically teriuinate once the Heat Exchange System no lonlier serves the Minimum Improvements. 3.3.1.4. The City hereby graJ~ts to the Developer for a period offive (5) years from the date of this Agreement, right of first refusal to purchase, pursuant to the tenns of this Section 3.3.1.4, certain real propelty legally described on Exhibit J attached hereto and herby made apart hereof, locat~d in Washington County, Minnesota ("Option Property"). During the term of this rig]~t of first refusal, the City agrees to give notice to I the Developer prior to accepting any third party offerto purchase the Option Property or any part thereof for residential housinl~ or retail purposes. Buyer shall have sixty (60) . days from receipt of said notice in which to exercise its right to purchase all or. part of the Option Property upon the same terms :~ndconditions as are contained in the third party offer. The provisions of this Section spall survive the closing and delivery of the deed and other documents contemplated hereby. The option described in this Section will not apply to the Development of the Optioh Property by the City. or .other third.parties as a cultural arts center, community center, dr theater offering live performances. Section 3.4. Developers' Covenants. 3.4.1. The Developers promise thefo:llowing continuing actions:. . 3.4.1.1. Submit to the City ii a timely manner the data required to establish. TIF eligible expenses or other inform:ition needed to comply with the Minnesota Tax Increment Financing Act. 3.4.1.2. Submit to the City fi:>r review and approval of the . City Attorney, the covenants and restrictions that are propbsed to bind the Development Property as part of the Common Interest Community to be ~stablished for The Lofts of Stillwater. . 3.4.1.3. Provide disclosure to purchasers of units in the DevelopmeritProperty of the proximity of the project to Main Street, the Stillwater water front and the bar and restaurant known as P.D. Pappy's. . -6 - ARTICLE 4 CONSTRUCTION OF MINIMUM IMPROVEMENTS . Section 4.1. Construction of Minimum Imorovements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in ,accordance with the approved Construction Plans and preserv'eand keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. , Construction Plans. Cham!es. . 4.2.1. If the Developer desires to make any material change in the Construction Plans, . the Developer must submit the proposed change to the City for its approval., The request must be filed with the Community Development Director.' Minor modifications and modifications that do not change the exterior or the size of any structures may be approved by the Community Development Director. Material modifications must be approved by the City Council and, the ' committee or authority that granted any permit, or, approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Developer in writing of its approval. Section 4.3. Commencement and Comuletion of Construction. . The Developer must commence construction of the Minimum Improvements by May 31, , 2004, or on the date the parties agree in writing; The Developer must complete the construction by September30, 2005. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property must be in conformity with the Construction Plans as submitted by the Developer and approved by the City:. The Developer agrees for itself, its successors and assigns, and every successor in interest, to the Development Property, or any part thereof, that the Developer, and its successors .and assigns, will promptlybegill and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is, intended and agreed that these agreements and covenants will be covenants running with the land and that they will, 'in any event, and without regard to technical classification or designation, legal or otherwise,and except only as otherwise specifically provided in the. Agreement itself, be, to, the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Developer and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Developer must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the 'Developer with respect to the construction. '. - 7 - . . . Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Developer with an appropriate instrument so certifying. The certification by the City is I a conclusive determination of ,satisfaction and termination of this Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Imptovements and the dates for the beginning and completion thereof. The Certificate ofComp1eiionwill bcin the form attached as Exhibit D, 4.4.2. If the City refuses or fails to provide any certification in accordance with the provisions of Section 4.4 of this Agreement, the City must, within ten (10) business days after I . . written request by the Developer, provide the peveloper with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisitjns of the Agreement, or is otherwise in default,' and what measures or acts it will be, necessar~), in the opinion of the City, for the Developer to take or perform in order to obtain such certificabon. I I 4.4.3. The construction will be deemed to be completed when it is substantially completed, as determined by the City in the e~ercise of its reasonable discretion;, but not . later than the date upon which a certificate of occup:incy is issued. Section 4.5. Indemnity. The Developer further agrees that it wip indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of llabor or materials in connection withcoI1struction of the Minimum Improvements. Section 4.6. Site Imorovements. It is the intent of the City to reimbur~e the Developer for, eligible Site Improvement expenses. The City's obligation to reimburse tre Developer for a portion of the cost of the Site Improvements shall be subject to satisfaction o~the following conditionsprecedeni:' . I 4.6.1. The Developer is in material 'compliance with all the terms and provisions of this Agreement; 4.6.2. The Developer has have submitted to the City Construction Plans for the Project, and such Construction Plans shall h~ve been approved by the City pursuant to this Agreement; 4.6.3. The Developer has executed an assessment agreement and has received, to the satisfaction of the City, the County Assessor's Certification.ofValueiri. the form attached hereto as Exhibit G. 4.6.4. Receipt of paid evidence of payment for the costs of Site Improvements. -,8- Section 4.7. Issuance of Notes to Reimburse Cost of Site Imorovements. . , . At the request of the Developer, the City will issue its Taxable Tax Increment Revenue Note, Series in the original principal amount of up to $2,000,000 (the "Note") and apply the proceeds of the Tax Increment Note to reimburse the Developer orpay directly to a contactor of the Developer through an escrow account for' a portion of the cost of the Site Improvement expenses as provided in Section 4.6 of this AgreemenL Payment of the principal and interest on the Tax Increment Note is subject to. the terms of the Tax Increment Note and payable as follows: 4.7.1. The sole source of funds, if any, from which the City is obligated to pay principal of and interest on the Tax Increment Note is the Available Tax Increments derived from the Development Property in the six months preceding each date of payment on the Tax Increment Note, and nothing' herein shall' be construed to obligate the City to use any of its general funds or other municiPal funds to reimburse the Developer for such costs, and in no event shall the City be required to use any of its general funds, or other municipal funds for, any purpose related to or arising from the issuance of the Tax Ihcrement Note, including for the purpose' of reimbursing tlieDeveloper or any of its creditors or assigns. 4.7.2. Provided that no Event of Default shall have occurred and be conti:ilUing hereunder, the payments on the Tax Increment Note from the original date, shall be paid by the Remarketing Agent, for the benefit of the City, from a portion of the proceeds of the Tax Increment Note originally transferred to the Remarketing Agent to hold for payment of the . capitalized interest to the registered owner of the Tax Increment Note. . 4.7.3. Provided that no Event of Default shall have occurred and'be continuing hereunder, principal of and interest on the Tax Increment Note are payable from Available Tax Increments on each February 1st and August 1st, commencing August 1,2005. 4.7.4. The obligation of the City to apply Available Tax Increments to payment of the . principal of and interest on the Tax Increment Note terminates on the earlier of: (i) Februaryl, 2029; or (ii) upon the occurrence of an Event of Default hereunder if the City suspends or terminates its obligation to pay Available Tax Increment in accordance with Section 9.2 of this AgreemenL ' . ARTICLE 5 INSURANCE Section 5.1. Insurance. 5.1.1. The Developer will ,provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premillms on:' . . . 5.1.1.1. Builder's Risk Insurance, written on the so-called "Builder's Riska Completed Value Basis;' in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with . coverage available in nonreportingform on the so~called "all risk" form of policy. The, - 9- . . . interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. 5.1.1.2. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). 5.1.1.3 . Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses 5.1.1.1 and 5.1.1.2 above must be in form and content satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause 5.1.1.1 above will contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. Section 5.2. Rights of Mortgage Holder. The holder of a mortgage permitted by S 7 .2.1.1 may elect insurance requirements different from requirements of this Section and in that event the requirements of the mortgage holder will control. ARTICLE 6 REAL PROPERTY TAXES AND ASSESSMENTS Section 6.1. Real Propertv Taxes. 6.1.1. The Developer shall pay all real property taxes and special assessments payable with respect to all and any parts of the Development Property acquired and owned by it and pursuant to the provisions of the Assessment Agreement and any other statutory or contractual duty that shall accrue subsequent to the date of its acquisition of title to the Development Property (or part thereof) and until the Developer's obligations have been assumed by any other person pursuant to the provisions of this Agreement or title to the property is vested in another person. The Developer agrees that prior to the Termination Date: 6.1.1.1. It will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Minimum Improvements or the Developer or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and - 10- 6.1.1.2. It will not seek any tax deferral or abatement, either presently or . prospectively authorized under Minn. Stat. S469 .181, or any other State or federal law, of the taxation of real property contained in the Development Property between the date of execution of this Agreement and the Termination Date. ARTICLE 7 FINANCING Section 7.1. Financing. 7.1.1. The Developer must have submitted prior to beginning work on Minimum Improvement evidence of a commitment for financing or equity infusion in the amount of $ for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance ofPropertv. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Developer nor any successor in interest to the Development Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Development Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: 7.2.1.1. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies). . ARTICLE 8 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 8.1. Representation as to Develooment. The Developer represents and agrees that its purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. The Developer further recognizes that, in view of (a) the importance of the development of the Development Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the development possible; and ( c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Developer or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Developer, the qualifications and identity of the Developer are of particular concern to the City. The Developer further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the . - 11 - I . Developer, and, in doing so, is further willing to accept and rely on the obligations of the Developer for the faithful performance of all undertakings and covenants hereby by it to be performed. This provision is not intended to apply to the sale or marketing of interests in The Lofts of Stillwater, Inc. ARTICLE 9 EVENTS OF DEFAULT Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: . 9.1.1. Failure by the Developer to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable by the Developer on the Development Property before they become delinquent. 9.1.2. Failure by the Developer to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Developer to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.3. Failure by the Developer to satisfy all conditions precedent to City as set forth in Section 3.4. 9.1.4. Failure by the Developer to commence and complete construction of the Minimum hnprovements pursuant to the terms, conditions and limitations of Article 4 of this Agreement. 9.1.5. Failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any condition of approval required by 93.1.2 ofthis Agreement. 9.1.6. The Developer makes any material changes to the Construction Plans without approval of the Grantor of any permit or approval described in 93.1.2 of this Agreement. 9.1.7. The Developer constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved Construction Plans. 9.1.8. The Developer: 9.1.8.1. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; . 9.1.8.2. makes an assignment for the benefit of its creditors; - 12 - . 9.1.8.3. due; or admits in writing its inability to pay its debts generally as they become . 9.1.8.4. is adjudicated bankrupt or insolvent. . Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take anyone or more of the following actions: ' 9.2.1. Suspend its performance underthe Agreement. 9.2.2. Terminate this Agreernent 9.2.3. Withhold the Certificate of Completion. 9.2.4. 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~agreeinent, or covenant of the Developer under this Agreement. 9.2.5. Notwithstanding any provision of Section 9.2 or any subpart, the City will continue to pay the holders of any Tax Increment Note issued pursl:1ant to Section 4.7, the, principal and interest on those instruments during any period of default in real estate taxes and installments of special assessments due and payable by the Developer on the Redevelopment . Property are paid before they become delinquent.. . . Section 9.3. No Remedv Exclusive. No remedy conferred upon .or reserved to the City or the Developer is intended to be exclusive of any 'other available remedy Or remedies, but each remedy is cumulative and is in' addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity, or by statute. No delay or omission to exercise ~my right or power accruing upon any default will impair any right or power or may be construed to be a waiver tpereof, but any right' and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice 'that may be required in this Article 9. Section 9.4. No Additional Waiver ImDlied bv 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 anyother concurrent, previous Or subsequent breach hereunder. . ' . - 13- . . . ARTICLE 10 ADDITIONAL PROVISIONS Section 10.1. Conflict of Interests: City Reoresentatives Not Individuallv Liable. No member, official, or employee of the City will have any personal interest, director indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or ,the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or suc.cessor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Emplovrnent Opportunity. The Developer, for itself and. its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provIsIOns. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand,or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched.. by registered or certified mail, postage prepaid, . return receipt requested, or delivered personally; and 10.4.1. in the case of the Developer, is addressed to or delivered personally to the Developer; Mark A. Saliterman Diamond Hill Center 4301 Highway 7, Suite 100 St. Louis Park, MN 55416 Facsimile: (952) 920-8474 and - 14- Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attention: Daniel S. Schleck, Esq. Facsimile: (612) 604-6800 . 10.4.2. in the case ofthe City, is addressed to or delivered personally to the City at City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082; . Facsimile: (651) 430-8809 or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Time of Essence. , . . The City and the Developer agree that timeshallbe of the ' essence of this Agreement. Section 10.6. Intemretation. This Agreement shall not be construed more strictly against one party tl1an against the other merely by virtue of the fact that. it may have been prepared by counsel for one of the . parties, it being recognized that both the City and the ,Developer have contributed substantially '. ' and materiaily in the preparation of this Agreement. Section 10.7. Construction. The headings of the sections and subsections of this Agreement. are for convenience and reference only and do. not form a part hereof, and in no way interpret or construe such sections, and subsections. Wherever the context requires or permits, the singular shall include the plural, . the plural shall include the singular and the. masculine, feminine and, neuter shall be freely interchangeable. Section 10.8. Parties iIi Interest. This Agreement shall be binding upon and inure to the benefit 'of the parties' respective heirs, representatives, successors, and assigns. This Agreement is for the sole benefit of the City and the Developer (including a permitted Assignee), and no third party is intended to be a beneficiary of or have the right to enforce this Agreement. Section 10.9. Entire A!ITeement. This Agreement (including all exhibits ' hereto) contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change,. modification, extension or discharge is- . sought. ' - 15 - . . . Section 10.10. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same docuplent. A signature page to a~y counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. THE CITY OF STILL WATER, MINNESOTA By Jay L. Kimble, Its Mayor By Diane Ward, Its City Clerk THE LOFTS OF STILL WATER, INC., a Minnesota Limited Partnership By: Its: THE LOFTS OF STILLWATER, INC. By Mark A. Saliterman, President STATE OF MINNESOTA) ) ss. COUNTY OF WASHINGTON ) On this day of , 2003, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing ~nstrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public - 16- STATE OF MINNESOTA ) ) ss. ) COUNTY OF WASHINGTON On this day of , 2003, before me, a Notary Public within and for said County, appeared Mark A. Saliterman, the President of The Lofts of Stillwater, to me personally known who, being duly sworn, did say that he is the President of the corporation named in the foregoing instrument and that this instrument was signed as the free act and deed. Notary Public This instrument was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 651-439-9464 - 17- . . . .. . . ~t"' lb cl::l:l..:i 1..:i; ~l:l t-K U1YIH\.--Kr\'- bid ~~d '(~1~ IU ~b~14~~~1~ t"'.Ol/~l GMAC RPC Facsimile r To: Steve Russell, Conunuruty Development Director Fax:6S1-430-8810 Phone: 651-430-8821 From: Wanda Palmer, Project Coordinator Fax: 952-857-7019 Phone: 952-857-6598 Date: September 16, 2003 Re: Building Playhouses We will be coming to the lovely city of Stillwater for a conf... .....ce the first week of October 2003. As a part of our team building experience. we will build three playhouses which we will give away to charity. Last year we gave the playhouses to homes that provide safe harbor for abused children. We will be lodging at The Lumber Baron's Hotel during our conference and would like pennission to use a small portion of the parking lot between Chestnut and Myrtle streets behind the hotel as our building site. We like to set up a 30' x 50' white party tent and build the playhouses under the tent. You probably have seen wedding parties use these large tents for receptions. The company setting up the tent win not damage the parking lot pavement in any way. The tent will be held down with large weights. Our crew fVI "Ulan would ensure that the parking lot is left perfectly clean after our departure. a:WOUld like to the tent Monday afternoon. October 6lh, build the playhouses Tuesday, October 7th d have the playhouses and tent removed Wednesday morning, tho U can see OIle of the playhouses by visiting the manufacturer's website at httD:/I",ww.nor.fab.com/shed..~lilbear.htm.. There will be a six-person team assigned to build each playhouse (18 people total), with a safety officer and crew chief overlooking construction. [ hope the above proposal meets with your approval. I look forward to hearing back from you at your earliest convenience. GMAC:-RfC 8400 Normandale Lake Illvd. Suite 250 MinrM!ipolis. MN 55437 952.857.7000 gmamc,cQm ** TOTAL PAGE.01 ** :I(' i ~ Metropolitan Council ........ Building communities that work ~ September 10, 2003 F I Mr. Jay Kimble Mayor City Of Stillwater 216 4th St N Stillwater, MN 55082-4898 Dear Mayor Kimble: The Metropolitan Council is currently drafting a new regional growth strategy, called 2030 Regional Development Framework, that will state its regional goals, policies and strategies for meeting the challenges associated with growth during the next three decades. As part of this process the Council will be reviewing and updating community-level population, household and employment forecasts. We are asking for your help to make sure that the new Framework is based on current and accurate growth expectations for your community. While current forecasts appear to still be largely on target, new development proposals have been put forth in some communities that could impact these forecasts. . Below are the current forecasts for your community. If you believe these forecasts do not reflect your community's current growth expectations, please contact us as soon as possible, as we need to resolve these differences by the end of October. For population or household forecast issues please contact Michael Munson, (651 ) 602-1331. For questions about the employment forecasts please contact Regan Carlson, (651) 602-1407. I I Households I Population I Employment 1990 47982 13,882 7,040 2000 5,797 15,143 10,169 2010 6,900 17,200 11,550 2020 7,700 18,300 12,500 2030 8,300 19,200 13,600 .A s the COlJnciJ has dope in the past, we are also asking communities to allocate the Council's community- level forecasts to Traffic Analysis Zones (TAZs); TAZ data is needed for travel forecast models used to plan for highways and transit. The allocations are important because the federal government, the state, counties and cities use the data to prioritize needs and justify funding of transportation projects. A TAZ map and a worksheet containing your community's 2000 TAZ data and columns to enter 2010,2020 and 2030 T AZ allocations have been sent to your city manager or administrator. The worksheet also provides baseline data forretail employment. We are asking communities to add the retail forecasts if possible. Thank you for your cooperation in this matter. . Best Regards, ~() Tom Weaver, Regional Administrator www.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1000 . Fax 602-1550 . TTY 291-0904 An Equal Opportunity Employer " , September 11, 2003 STILLWATER TOWN BOARD ME!: lING Town Hall 7:00 P.MJ PRESENT: Chairperson Duane Laabs, Supervisors Sheila-Marie Untiedt, Jim Doriott, David Johnson and Jim Hiniker. Also, Treasurer Gloria Sell, Attorney Soren Mattick and Planner Dick Thompson. 1. AGENDA - M/S/P Doriott/Hiniker moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P UntiedtjHiniker moved to approve the 8/28/03 Stillwater town board meeting minutes as written. (5 ayes) 3. TREASURER- 1. Report was given. 2. Claims were reviewed and checks #16421 thru #16447 were approved for payment. 4. ATrORNEY.- 1. M/S/P Hiniker/Doriott moved to approve Ordinance #129 regulating peddlers and solicitors, amending Ordinance #75. (5 ayes) 2. M/S/P Untiedt/Hiniker moved to ask the attorney to notify Mr. Moser that as of September 25, 2003, all building permits for Pinewood Ridge will be suspended until the punch list is satisfied. (5 ayes) 3. Sheila-Marie Untiedt brought up the issue of a mold problem found in some more recently built homes in the township. She will prepare some information for the next newsletter. . ."'. 5. PLANNER- 1. Dick Thompson discussed more alternatives for handling park donations. 2. The proposed township park plan was discussed. Is it still what we want? The park committee will revisit the plan for the next few months. 3. The planner will look at parcels of land that could be developed in the township for future park planning. 4. There appears to be a problem in the township of residents putting inappropriate items in the right-ot-ways. The planner will ask the engineer to look at several situations present now. Information about items in right-of-ways will be addressed in the newsletter and passed out by the building inspector when building permits are issued. 5. The Nextel cell tower hearing will be held on October 2, 2003. . ? / Stillwater Town Board Meeting - 9/11/03 Page Two \ 6. NOXIOUS WEEDS - The clerk will get information outto resid.entsthis fall and next spring regarding weed control. 7. ADJOURNMENT - Meeting adjourned at 8:42 p.m. Clerk Chairperson Approved . . STILLWATER AREA SCHOOLS \ 1875 South Greeley Street Stillwater, Minnesota 55082 Tel: 651-351-8340 fax: 651-351-8380 tdd: 651-351-8338 www.stillwater.k12.mn.us September 9,2003 Mayor Jay Kimble 216 N 4th Street Stillwater MN 55082 Dear Mayor Kimble: Stillwater Area Schools would like to inform you of recent changes that will impact the use and maintenance of your outdoor athletic fields. In the past, the Community Education Department collaborated with your office to schedule the use of municipal fields for youth baseball, softball, and soccer. The Stillwater Area Schools field service department dragged and lined your fields prior to the games. Over the past several years, school funding has not kept pace with expenses and certain areas have been cut. School district funds available to maintain and upgrade outdoor fields have been affected. Use of school district fields have markedly increased and more organizations are offering athletic programs for youth. Increased use involves additional costs such as utilities, refuse removal, availability of portable toilets, consumable supplies and wear and tear to the fields. The Board of Education recently approved a fee structure designed to ensure that facility use fees reflect the actual costs incurred to maintain and upgrade district-owned fields. Facility use fees are targeted to offset these costs that would otherwise be absorbed by regular classroom funds. . What do these changes mean to your community? · Organizations seeking to use fields not currently charging a user fee, may seek out your fields. We have already received calls that individual coaches are contacting your offices to secure a practice or game site. · Unless contracted, the School District field service crew will not provide dragging and lining of fields for games and practices on non-school fields. These services will have to be provided by your municipality. · The Community Education Department will no longer schedule municipal fields or issue permits for those facilities. In the next few weeks, you will receive an invitation to join a discussion on youth athletics in the Stillwater Area Schools attendance area. The discussion will focus on what outdoor fields are currently available for youth athletics in our communities. We will also begin to examine what needs may exist for the future. Your attendance and input are critical to defming future direction and strategies. If you have questions, please contact Paul Westmoreland at 651-351-8346. We look forward to continuing to provide quality athletic programs and facilities well into the future. Sincerely, ~vJ~ 4Pd:)~/( Dan Parker Assistant to Superintendent Finance and Operations Paul Westmoreland Assistant Director . Afton-Lakeland Elementary. Andersen Elementary, Early Childhood Family Education, Lake Elmo Elementary, Lily Lake Elementary, Marine Elementary. Oak Park Elementary, Oak-Land junior High, Rutherford Elementary, St. Croix Valley Alternative Learning Program, Stonebridge Elementary, Stillwater Area High School, Stillwater Junior High, Valley Crossing Community School, Withrow Elementary St. Croix Valley Athletic Partnership, Inc. P.O. Box 203, Stillwater, Minn. 55082 (651) 439-1028. Where communities play together '- www.scvap.org August 28, 2003 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Attention: Diane Ward, Clerk The St. Croix Valley Athletic Partnership (SCV AP), a private nonprofit corporation providing safe, quality fields for youth sports, regrets to inform you that we are discontinuing the use of pull tabs as a revenue source. Through SCV AP, the Lucy Winton Bell (L WB) athletic fields located in West Lakeland Township serve more than 5000 St. Croix Valley youth athletes each year. As a non-profit organization dedicated to serving the needs ofSt. Croix Valley families, SCV AP had hoped our pull tab operation would provide a significant portion of the income we need to maintain these fields. Over the past year, SCV AP volunteers spent countless hours trying to develop a profitable gaming operation to help support the L WB athletic fields. Through this effort, we learned that a successful pull tab operation depends on establishing a relationship with a key St. Croix Valley business with a proven record for profits. According to State of Minnesota gaming records, only a few such pull tab establishments exist in the valley. Unfortunately, the charities managing and profiting from those sites are Minneapolis centered charities, so the proceeds from their pull tab . operations are sent outside the St. Croix Valley, as well. Earlier this year, the City of Stillwater took a leadership role to correct this problem. SCV AP commends and thanks the City of Stillwater for enacting an ordinance requiring local businesses pursuing a pull tab operation to exhaust all local charitable opportunities before negotiating with charities operating outside ofthe St. Croix Valley. We feel that over time, this ordinance could help other St. Croix Valley non-profit organizations in their efforts to generate revenue from pull tabs. We encourage other local communities to follow Stillwater's lead in its dedication and support of local non-profit organizations. For the next several months, SCV AP volunteers will continue to explore new sources of revenue to support our organization. Our goal is to serve the communities of the St. Croix Valley by keeping our gates open and maintaining the quality of our sports fields at L WB. As we continue our efforts, we welcome the input and support of the communities we serve. Enclosed for your information is a fact sheet regarding the benefits we provide for St. Croix Valley families. You will note from our membership list that the majority of SCV AP's board members live in the St. Croix Valley. If you would like further information regarding the St. Croix Valley Athletic Partnership or the Lucy Winton Bell Athletic Fields, please feel free to contact us at (651) 439-1028. Sincerely, ..1h"Q . Tom Hoffoss, President St. Croix Valley Athletic Partnership . Enclosure . . . STILLWATER PUBLIC LIBRARY 223 N. Fourth St., Stillwater MN 5508:Z~4806 (651) 439-1675 FAX (651) 439-0012 Board of Trustees MeetingAgenda Tuesday, September 9, 2003, 7 P.M. L Call to Order 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report+ D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report + H. Policy Review- Wehsite Privucy Notice+ 5. BuildingExpansion- Report on Design Progress, John Mecum (MDA) 6. Fundraising Campaign A. Centennial and Campaign Events B. Reportof Other Progress to Date 7. Operational Costs TaskForce 8. 2004 Budget 9, Revised 2004 Schedule of Closings 10. Leave Without Pay II. Other 12. Adjournment 'A+ I A 1+. I D 1+ A+ D+ If you are unable to attend this meeting, please call Ann (ext. 17) before 5 P.M. on Monday, September 8, 2003. A=Action Item I=Information Item D=Discussionltem += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed . Agenda item 4A , STILLWATER PUBLIC LIBRARY 223 N~ FOLIRTH ST. STI LL WA TER, MN55082-4806 651439-1675 FAX 651 439-0012 i. Board of Trustees Meeting Minutes Tuesday, August 12, 2003 Present: Bill Fredell, Bill Hickey, Dick Huelsmann, Victor !\lyers, Jessica Pack, ML Rice, Brian Simonet, Andrea Tipple Absent: Rick Hodsdon Staff Present: Lynne Bertalmio, Carolyn Blocher I. Call to Order President Hickey' called the meeting to order at 7:00 p.m.- 2. Adoption of the Agenda by Simonet. The agenda was adopted with a motion by Rice and a second 3. Communications and Public Commentary DirectorBertalmio discussed several suggestions from the suggestionbox and letters in the meeting packet regarding the r)Jmors .. on closing the library. 4. Consent Calendar The minutes of the July meeting were notavailableand were removed from the ccmsent calendar. A motion was made by Myers and seconded by Tipple to. approve the remaining consent calendar including payment of bills totaling $89,319.84. The motion passed. 5. Operational Costs Task Force At the suggestion of Huelsmann, a motion by Fredell, seconded by Rice created an Operational Costs Task Force to respond to cost questions that arise in ways that are comparable, factual and easy to lmderstand. Motion' passed. Task force members include Director Bertalmio, Trustees, Huelsmann, Simonet, , Tipple, Rice, Pack, Hickey. 6. 2004 Budget Hearing An announcement was made regarding the next budget hearing with the City Council. 7. 2004 Holiday and Other Closings , . Motion by Huelsmann, second by Fredell to adopt the recommended 2004 Holiday and Other Closings schedule subject to final budget allocations. The motion passed. 8. Meeting with WCL's New Director Pat Conley Staff were requested to send a letter of welcome to the new director and invite her to meet with the Board of Trustees in the near future. 9. Public Library Accessibility Grants DirectorSertalmio announced that weare applying for a $150,000 grant to assist with accessibility requirements in the building expansion. . . . . Minutes 8-12-03 page 2 10. Fundraising Campaign A. Centennial and Campaign Events Plans-Preliminary Schedule Director Bertalmio updated the Board on event planning process including a preliminary schedule of events and who is responsible. Trustee Huelsmann reported on a meeting with a representative of the Liberty Homeowner's Association with the expectation that we will be involved with them this fall. The Events Committee is scheduled to meet on September 3rd. B. Report of Other Progress to Date Trustees Huelsmann and Hickey will hold an informational meeting with the Bayport Library Foundation. 11. Building Expansion A. John Mecum (MDA)-Report on Design Progress John Mecum and staff (MDA) shared information on progress to date including preliminary drawings. Mecum reported that the project is on schedule and on budget. B. Roof Terrace Mecum and staff discussed several issues regarding the proposed terrace design and usage with the Board. 12. Other A. November Meeting Due to budget cuts, the Board recently decided the library will be closed on Tuesday, November 11,2003 for Veteran's Day. This means we will change our November Board meeting to Monday, November 10, 2003. B. Community Response Needed Since recent press has made people question whether the library will be closed, trustees are encouraged to reassure individuals within our community that the library is alive and well and will not be closing. C. 29th Anniversary for Director Bertalmio The Board officially recognized the employment anniversary of Director Lynne Bertalmio. Motion by Huelsmann, second by Rice to commemorate this officially in the library addition. The motion passed. 13. Adjournment The meeting adjourned at 10:02 p.m. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLWATER MN 55082.4806 (651) 439-1675 FAX. (651) 439-0012 Board of Trustees Meeting Minutes Tuesday, July 8,2003, 7 P.M. . Present: Bill Hickey, Bill Fredell, Victor Myers, Brian Simonet, Rick Hodsdon, Jessica Pack, Dick Huelsmann and Andrea Tipple Mary Lou Rice Lynne Bertalmio and Carolyn Blocher Absent: Staff Present: 1. Can to Order. The meeting was called to order by President Hickey at 7:00 p.m. 2. Adoption of the Agenda. The agenda was adopted without adjustment with a motion by Pack and a second by Fredell. 3. Communications and Public Commentary. Director Bertalmio noted that comments continue to in regarding Sunday closures. There was also a request for an applied arts periodical. 4. Consent Calendar. A motion was made by Pack and seconded by Meyers to approve the consent calendar including payment of bills totaling $10,232.23. The motion passed. 5. Building Expansion. John Mecum reported on the design progress. On August 12 he will . present the finalized schematic design. The next steps would be meeting with the Heritage Preservation Commission and the Citizens Advisory Committee during the 3rd week of August. Soil boaring will be done shortly. A variance application/proposal will be submitted. Assention will be notified of our progress and intentions after the Citizen's Advisory Committee reviews the schematic designs. 6. Fundraising Campaign. A. Event Plans: During the Drum Beauty event the friends raised $1250 through a root bear float sale and has pledged the full amount to the "Friends Bookstore" in the expanded library. Cub, Kemps and Coke donated the supplies. Our Lumberjack Days contingency is looking for more marchers. There is space for riders on a trailer. B. Report of Other Progress to Date:The Lullaby concert plans are going forward. A Soiree is planned for Nov. 11, the actual anniversary of the building is Nov. 2nd. Butch Thompson has agreed to do a benefit concert in 2004. 7. Meetings with Washington County Administration and \VCL Board. Information was distributed regarding this meeting. A meeting is set-up with Brian Zeller for 7/9/03. The Washington County Library Board is considering becoming purely advisory and the libraries becoming a department ofthe county. . . 8. 2003 Financial Situation. The Voluntary Leave Without Pay Policy and Mandatory Leave Without Pay Policy were reviewed. The issues of seniority and the right to adjust schedules were discussed. A motion was made by Huelsmann and seconded by Meyers to approve these policies. 9. 2004 Budget Request: The library was requested to itemize what expenditures we would make if a levy restored some of the library funding for 2004. A motion was made by Hodsdon and seconded by Fredell to delegate authority to a subgroup to respond. Fredell, Huelsmann and Hickey volunteered to participate in this subgroup. The motion passed. $10,000 will be added to the capital budget request for PC replacement by a motion made by Hodsdon and seconded by Fredell. The motion passed. 10. Personnel Policy Changes. Changes were presented regarding Recruitment and Selection, Property Damage Reporting and Travel Expenses. A motion was made to adopt these changes by Huelsmann and seconded by Fredell. The motion passed. 11. Other. A CEP A update was provided. The Supreme Court found it constitutional to filter for everyone as a prerequisite for receiving federal funds, providing that adults can request to turn the filters off. SPL does not directly receive federal funds requiring filtering, but Washington County may. MELSA could decline federal funds that require filters. John Rheinberger's editorials were discussed. Huelsmann stressed getting our own public relations going would be vital to getting accurate information out to the public. SPL's annual report will be disseminated to the community. . 12. Adjournment at 8:50 p.m. . ~o Board Supe. rviS?fS may attend any or all of the above meetings. II m ~t~ _are ~)d '~ the town hall unless otherwise specified. a~'t1i~ Clerk, Stillwater Township August 30, 2003 . . August 28, 2003 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Duane Laabs, Sheila-Marie Untiedt and Jim Doriott. Also, Treasurer Gloria Sell, Planner Dick Thompson, Attorney Tom Scott and Police Chief Steve Nelson. 1. AGENDA - M/S/P Hiniker/Untiedt moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hiniker/Doriott moved to approve the 8/14/03 Stillwater town board meeting minutes as written. (4 ayes) David Johnson arrived. . 3. TREASURER- 1. Report given. 2. Claims were reviewed and checks #16414 thru #16420 were approved for payment. 3. On October 9, the 2004 budget will be reviewed in some depth. 4. PLANNER - John Bower and Tory Dupre were present to give a brief overview of preservation issues regarding Silver Creek and Carnelian Lake areas. The matter will be discussed in more depth at the planning commission meeting on September 4. S. NEXTEL C.U.P. - An application and fees for an addition to the cell tower have been received. This matter is being referred to the planning commission. 6. CELL TOWER SCREENING (110TH STREET) - There is a one year warranty on the trees screening the cell tower. New trees will replace the current trees that have died. Trees are to be the size specified in the original agreement. 7. PARK DEDICATION - The planner reviewed some ideas on park dedications. More consideration will be made at the next meeting about any possible changes. 8. CHIEF OF POLICE REPORT - 1. Reports circulated. 2. M/S/P Untiedt/Hiniker moved that the supervisors may amend the peddlers ordinance (#75) license fee from time to time. (5 ayes) . Stillwater Town Board Meeting - 8/28/03 Page Two 3. M/S/P Untiedt/Doriott moved to set a current peddler's license fee . at $60.00. (5 ayes) 4. Mr. Schmotter was present to discuss the attorney's zoning violation letter of 7/27/03 re: dirt bikes and track. Mr. Schmotter stated that the dirt bike track is over with. 9. CLERK- 1. The board is o.k. with the fire department putting 2 fire prevention signs in Otto Berg Park for the month of October. 2. The grass and weed area between the Otto Berg Park fence and the roads will be cut before the park celebration. 3. Lawn people will be told to manage weeds on the softball field. 4. Eagle Scout meeting will be added to the calendar. 10. RICHTMAN RECYCLING CONTRACT 2003 - This contract was signed by the chair and the change of date in Section 2 D agreed to. 11. PARK - It was agreed to have face painters at the park celebration. 12. PLANNING COMMISSION VACANcy - Mr. Troolin has resigned his position on the planning commission. Of the previously interviewed applicants, Richard Rainer was chosen to fill the vacancy. 13. MARINE WMO - David Johnson reported that information gathered re: ecological resources will be used for possible policy changes in order to protect natural resources. 14. ADJOURNMENT - Meeting adjourned at 9:30 p.m. Clerk Chairperson Approved . , . . . Chair L;tahs Call To Order Agenda: Minutes: Treasurer: Attorney: Planner: Engim~er: Clerk: Committees Peonle Portion: Old Business: New Business: Adiourn: 09/06/2003 Stillwater Township September 11,2003 Stilhvater Town Hall 7:00 P.M. Regular Meeting Adopt Approve Minutes August 28, 2003 Regular 'fown Board Meeting J , Report 2. Claims & Checks 1. Adopt Ordi nance # J 29 Peddlers License Change 2. 1. Continue Park Donation Discussion 2. Cell Tower Issues 3. Leys Subdivision 1. 2. 1. Update Noxious Weeds I. Park Celebration Discussion 2. Planning Commission Issues 8:00 PM Pat Bantli \ Diane Ward From: Sent: To: Subject: Pat Raddatz .[Pat.Raddatz@co.washingtoh. mn. us] Thursday, September 04,2003 2:1.3PM Pat Raddatz Washington CountyBoard Agenda . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda ***NOTICE CHANGE IN TIME*** September 9, 2003* 5:.30 p.m. 1. 5:30 - Roll Call Pledge of Allegiance 2. 5:30 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of W~shington county Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the, meeting begins and give it to the County Board secretary or the 'County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged .to limit your presentation to no 'more than five minutes. The Board Chair.reserves the right to limit an individual's presentation if it be.comes redundant, repetitive, overly argumentative., or if it ,is not relevant to an issue .that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 5:35 - Consent Calendar . 4. 5:35 - Public Health and Environment * Sue Hedlund, Program Manager Suicide Prevention 'Grant 5. 5:50 - General Administration * Jim Schug, County Administrator 6. 5:50 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioner,s to report t.q the.full Board on committee activities, make comments on matters of ,interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 6:00 - General Administration * Jim Schug, Administrator A. Proposed 2004 Budget Overview * Molly 0 'Rour'ke, Deputy Administrator B. Public Comments on Propos~d 2004 Budget C. County Board Action on Proposed 2003 Budget, Levy and HRA Levy 1. Resolution * Proposed Budget for Payable 2004 2 .Resolution * Certifying Proposed Property Tax Levy for Payable 2004 for Washington County and Special Levy for Washington County Housing and Redevelopment Authority anp Regional Railroad Authority . 1 I 3. Resolution * Certifying Proposed Property Tax Levy for Payable 2004 for Washington County Housing and Redevelopment Authority 9, 7:DO - Adjourn .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * ** * * * * *' * * Meeting Notices ' Reminder: No Board Meeting on September 30 * 5th Tuesday September 9 - Department Head Retiree Luncheon 12:00 p.m., Lake Elmo Inn- Lake Elmo September 9 - Mental Health Advisory 4~OO p.m., Washington County Government Center September 10 - Metropolitan 911 Board 10:30 a.m., 20~9 University Avenue W. * St. Paul September 10 * MELSA 12:00 p.m., 1619 Dayton Avenue * St. Paul September 10 * MICA 2:00 p.m., 161 St. Anthony Avenue * St. Paul September 11 - Community Services Advisory 7:30 p.m., Washington County Government Center ************************************************.*******-***************** September 11 - Metro TAB 12:30 P.M., 230 East 5th St., Mears Park Centre * St. Paul Washington County Board of Commissioners .onsent Calendar * September 9, 2003 Consent Calendar items are generally defined as items of,routinebu~iness, ,not :requiring discussion, and approved in one vote. Commissioners may elect to, pull, a COn.sent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval to appoint Charles Newman, West Lakeland Township, to the Planning Advisory Commission to fill an unexpired term to December 31, 2005. Assessment, Taxpayer Services and Elections B. Approval of resolution, application for lawful gambling exempt permit froITt 622 Education Foundation to be used at the Withrow Ballroom on $eptember 19, 2003. Community Services C. Approval of amendment to reduce the agreement with Human Services in order to reduce Medical Assistance waiver rates by 1% effective July 1, 2003. D. Approval of resolution, Community Development Block Grant Subgrantee agreementwlth'the City of Mahtomedi and authorize the County Board Chair and County Aclministrator to sign the agreement. E. Approval of receipt of a donation in the amount of $75 to COrnIl\unity Services,. Economic Assistance Division, from Carol Patt of Mahtomedi to be used for familya~sistance. .. Approval of the receipt of donations from Mainstreet Bank, $200 and Imation,$500" to Washington County Workforce Investment Board to support abl.lsiness picnic Clnd other Workforce Investment Board activities. 2 Human Resources, Employee Safety and Risk Management \ G. Approval to renew service agreement with Frank Madden & Associates for labor relations consultant services through September 30, 2005. Public Health and Environment H. Approval and execution by the Board Chair and Administrator of.an agreement with the City of Woodbury fordistributionD~curbside recycling ~unds. . Transportation and Physical Development I. Approval of resolution, bid award for bituminous overlays on CSAH 19 and 36 to Tower Asphalt, Inc. lowest responsible bidder, in the amount of $326,953 conditioned'upon the execution of a contract as required by law. J.Approval of resolution, authorizing eminent domain proceedings on 70th Street South (CSAH 22) in Cottage Grove. K. Approval and execution of construction and maintenance agreement with Minnesota Department of Transportation, the City of Lake Elmo and the CityDf Grant fora traffic signal at the intersection of Trunk Highway 36 and County State Aid Highway 17 (L,akepmo Avenue) . Pat. Raddatz, Administrative' Assistant W~shington ~ounty Phone: (651) 430-6014 e_mail:patjraddatz@co.washington.mn.bs ... . 3 ~ Diane Ward .om: ent: To: Subject: Pat Raddatz [PatRaddatz@co.washington.mn.us] Thursday, September 11,2003 11:49 AM Pat Raddatz Washington Courity Board Agenda Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda September 16, 2003 * 9:00 a.m. L 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility .or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or.the County Administrator. The County Board Chair will ask you to come to the podium, state your name ~nd address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not. relevant to an issue that is part of Washington County's responsibilities. The chair m~y also lirriit the number of individual presentations to accommodate the scheduled agenda items. ..3. 9: 05 - Consent Calendar .. 4. 9:05 - General Administration * Jim Schug, County Administrator Distinguished Budget Presentation Award for 2003 5. 9:10 - 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 .r.aise questions to the staff. This action is not intended to .result in substantive. board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:20 - Adjourn 8. 9:20 to 11:30 - 2004 Budget Hearings - Community Services - Assessment, Taxpayer Services and Elections - Recorder _ Internal Service Departments: Administration, Financial Services, HumanResou~c$S Employee Safety & Risk Management, and Information Services - General Operations **************************************************************.*****.***** .Meeting Notices Reminder: No Board Meeting on September 30 * 5th Tuesday September 16 - Housing and Redevelopment Authority Board 1 3:30 p.m., 1584 Hadley Avenue North * Oakdale \. September 17 - Plat Commission 8:30 a.m., Washington County Government Center September 17 - Mosquito Control Executive Committee 9:00 a.m., 2099 University Avenue West :11;. September 18 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive * Woodbury September 17 - Transportation Advisory Board 2:00 p.m., 230 East 5th St.jMeais Park Centre * St. Paul September 18 -Minnesota Extension Committee 5:00 p.m., Washington County Government Center *'* * * * * ** * * * ** * * *.*** * * ** * * * *.** ** * ***-* * * ***** * * * * * ****:* *'* * ****** *.*'** ** * * Washington County Board of Commissioners Consent Calendar * September 16, 2003 Consent Calendar items are generally defined as items .of routine business, not requirihg discussion, and approved in one vote. Commissioners may elect. to pull a Consent Calenda'r item (s) for discussion and/or separate a.ction. The following items are presented for Board approval/adoption: Administration A. Approval of the September 2 and 9, 2003 Board meeting minutes. Assessment, Taxpayer Servides and Elections B. Approval of resolution to set aside a portion of the annual distribution of the net revenue in the county's forfeited tax sale fund for the acquisition and maintenance of county parks or recreational areas. ti.'.>. ~:(.'i~ :.,."" Public Health and Environment C. Approval of agreement with the City of Birchwood for distribution of curbside recycling. funds. Transportation and Physical and Development D. Approval of resolutions awarding contracts for one sign truck cab & chassis and for, one sign truck ~latform and equipment to th~lowest responsible bidders conditioned upon the execution of a contract as required by law. E. Approval of cooperative agreement with the Washington County Conservation District repair erosion damage in Pine Point Park. F. Approval of supplemental agreement No. 1 for bituminous overlay ,on Hilton Trail (CSA~ 36) in the amount of $89,400.50. Pat Raddatz, Administrativ~ Assistant Washington County . Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us i.I..... j. . .' . 2 I. . . . . . . . . . . .J . . . . . Historic Ascension Episcopal Church (steeple) established in 1846 Scene from the top of Main Street stairs ~(/~.-,..~li:J" .'~ /~.. ~', _.-:-" ,y,~ ","',,,",, "l ,"" ~<'~ i~', ,k'f~'f'" ~'-'.1.t, . ii/i.. "~',... f.::.:.::~'-t';~',;"".!'~~'" jill' Warden's Museum (historic prison site) on North Main fi place with a sense of the past . . . . . . . . Ii .~ u I; II ~ II I~ " ~) i !l II ~I III a . I II II II .>>1 III n II I '" III" . II " ~! " Ii . II 1,0'11 I "" n ~ . .' " . . . . -... 11 ~ b. '1'~ ~.._.''''' , l;' 1\, .Ih ?'~. ,~I\~LAJ1 [ I " _..,~ -~ n \ ~ Riverto'Wn USA ... .. ~ere in Minnesota " Known as the birthplace of Minnesota, Stillwater is a vibrant community where the value of the homes keep rising, but the values of the people remain the same. From its beginnings as'a bustling rivertown on the bluffs of the sceni5st. Croix River, Sti;lwater has been, above all, a place to call home. The pace of life mirrors the calmness of the waters from which it gets its name. Peaceful and tranquil, its tree-lined streets and century-old buildings tell the story idl of a rich past... and Of: promi~ing future. lll'l r f "" l . .".;)' lrr- - , -I'- 1 ~,.;;" \, ':~j -,'" ~ .. L , .3 '! ~ ~4 iJ tt ~'."..~~.. ",' ~. t'V :r I. \' hV'!<:il'" Andiamo Showboat and historic Stillwater lift bridge \ ~ '~ .'~ '" A --.- Former Presbyterian church, now a residential property . . . . . a place in harmony ... I. ~ ill . ,,' 11 II . 'tt. II ~ :11: II . . . I~i' .. Architectural design and peaceful surroundings becofue 1Jrie ~ ., '" Harmony of design anc1peaceful sur~punding~ provide'tJunatched luxury"to those who live here. Antique shop;'anq.antiquarian booksellers stand side by side wlth trendy boutiques and exciting clubs and r~staubnts. Planned development and the managed growth of I, '" Stillwater have preserved the more than100,y~,'!ctS bf its rich history and placed this great city on the National Register of Historic Places. With its ~rtatural beauty, '~enic waterways and II ~...., ,. unique architecture, Stillwater offers something for everyone. """ ~ One of Stillwater's charming homes . . . -I . .= The Antique Boat Show at Bayport Marina . . . - . a place. of belonging ... , '" -----.-..- ". I '. . I. . \' ,. I Small-to'Wn feeL big-city amenities Come to Stillwater to experience its special brand of charm-where each season comes alive. Spring blooms in brilliant bouquets, while fall explodes in rich colors along the banks of the St. Croix River. In summer, the river comes alive with boating and water sports, while in the winter, Stillwater shines in its Victorian finery with special holiday celebrations. Just minutes from St. Paul, Stillwater offers big-city amenities without losing its small-town appeaL CVHuHunity and an excellent quality of life are the cornerstones on which Stillwater is built. "' , " Ii ..f :rd. !\ 1 ' " t ...'~ ,.;;;;it: fI, ~Ir.~,- 4':~ \, , ."'~,' ....4 7'1i.~,.,.,; ~ , ~~~:......"..~ -.~ t · ...........1' ~ ;j South end specialty shops . . . . . . . . ~....... Do~'o~ SillIw,"""",""o" - "-' ~ I 'YhEJQf~~II~'" 501 The Minnesota Zephyr dinner train a place where you can really live. ~D .... I~ II II .. " ~ 1\ " ~ (j II ~ n "'- II - if., l~! " '" - ,..". . t. -.. 1\ .... ~ . ~ ' IJ ,. .'~ "', .~4:.' ",4.' tt, .1. J'rc ! '!r > , .. 'Ii'" t "'" f ';;;l ~f<,JI1 .. l' '~'~r ~ g'ii! ~. " The Lofts of Still'Water A once-in-a-lifetime opp~rtunity to live the way you ~ant to, right on the banks of the beautiful St. Croix Riven.The Lofts of Stillwater, a 60-unit condominium project located along the bluffs of the St. Croix River, offer luxury living in the heart of Minnesota's favorite small town. The complex is designed to reflect the rich history and bn;a(;Ltaking scenery of thf) surrounding area, while the homes offer inspiring river views, and provide elegance and comfort in a place you'll be proud to call home. ....:,. i,t "* iljll~, ~IU--- '4;.1\-", The Interlachen luxury condominiums of Naples, Florida by J, Buxell Architecture - . . . . I Jack H. Buxell, principal and founder of J, Buxell Architecture, LId, .~ . fi unique place born from experience ... . . . . . . . . . :";.,---. i'~'" " (. " ~., 3 ~~.~ ' ;c .. ' ""r~: ~ ;:l rf .:.', { ~,'j' .r ,....'1" i ~ ;'~l r ~...r... 11 "J~ Pleasurable, functi~'ual and timeless living environment. Lofts designer Jack H Buxell, principal and founder of J. Buxell.bFchitecture, Ltd., combined his award-winnin~;'site planning,with his notable architectural experience to ensure a marriage of environment and design. Jack has been providing creative master planning and architectural solutions locally and nationally for more than 25 years. Jack's credits include Summit Place and Lowertown Bluffs in St. Paul, Edinborough and Centennial Lakes Condominiums in Edina: The LaSalle, Oakwood Lofts and River Station in Minneapolis. D I! " II II II II II I~ II ,"' .. ... l~ j " -+- 11' f . ..r'" - ] .., ''\ '" ~~~j-" ,n~ }~!r $4, '. s; ~' j~,- ~ River boats at Stillwater Yacht Club & Marina a place that is more than a dream . . . . . . . . . . . . . . Lower St Croix River with railroad bridge "'It ~~ fi' ~~r, f'~. ~.. I .14, .;c ~E" ~~: ~~, I: ~...... t ~. . Iii' . Ii' "' i. . ~. !J,tl ... ~ '\ {.J '5/. . ' ....' " <<~ .Jt ~ . ~V'4 j' ::. .:.... . .~, i tLi" ~~Jt., ~7\ 1', .~~... .. jI , {' f~ 1. <ta.. !,j ~ !t OJ ,~ ,~ It ;1 !l -I U More than plans and dreams II ~I .. Developer Mark Saliterman of Saliterman, Ltd., is:;p. laying a maJ'or role as developer of II ' The Lofts of Stillwater. Mark has been involved ~Ifinancing and developing comllnercial and residential projects throughout MinneJ6ta foJ~any years. Mark is a certified public accountant as well as a real estate professional. B1rging his knowledge of finance and real estate together, Saliterman creates properties that build value from the very start. ': II :1 Ii ." Historic, yet contemporary, upscale and downtown, The Lofts of Stillwater will feature stately brick and stone exteriors with individual terraces or balconies. In its grand entryway, a four-story atrium will welcome you to its luxurious main- floor lobby with a two-story sitting area and double-sided fireplace. In addition, there is a private rooftop party room and terrace with spectacular sweeping views of the St. Croix River. An underground heated parking ramp with conveniently reserved parking spaces completes the package and offers you the utmost in comfortable living. Available as one- and two- story homes, these luxury con- dominiums offer outstanding amenities, including: . Hardwood floors . Luxurious master suites . Gourmet kitchens with European- style hardwood cabinetry . Granite and solid surface countertops . Soaking tubs . Geothermal heating and cooling systems . Optional gas fireplaces . 9' 6" ceilings (first- through third- floor interiors) . " and so many more choices that you'll feel as if your new home was created especially for you-because it was. The Lofts of Stillwater offers 29 unique floor plans-an unparalleled selection for an uncommon place to live. Choose from 20 different two- level lofts and nine one-level nests- many of which feature large windows with spectacular river views. Master, secondary and guest baths all feature ceramic tile, showers, exhaust fans and cabinetry to match their interiors. Every bedroom comes with your choice of designer series carpeting, ample closet space, and much, much more! Each home also features a recessed individual entrance to ensure privacy and safety. . . . . . . . . . . . . . . . . . a place of timeless distinction. it. . . l~t ~ ... . . . . . . . . . . . . . To begin your new life in beautiful Stillwater, here's what to do: 1. Review the information about The Lofts of Stillwater 2. Meet with the marketing team to dd.LuHine home location, size and floor plan 3. Review plans, specifications and condominium documents 4. Obtain a pre-approval letter from your mortgage L0u,:t'any.c, (if needed) Jj'~ 5. Sign a purchase agr~ement , (deposit money. becomes earn~~t mon~y) " 6. Make s~lections for interim:" finisl}ing 'i' 'ji " 7. ~emove contingencies (earnest money becomes r.D. n<.fund~ble) :}c ".4,~ ''I. The Lofts of Still'Water ... a place witklastini;v~ue. .'~ . ',' i,..lb ~",.Jf:.~::: Reserve your home now an? get y~urJi~~~t~hoic~ d,[li?cationi' , \;Vithlimited ayailabilitj, th~se homes ~ills~liquickly: f " ' .,~ cd :n::' ,.. j ~ -~~1 ;>''1/'" oJ ~~'iT; {. 1 :~, , ." it" ~':I; , ,,!is ," ~;!. ~i;j. ,'~ . Call (651) 430-1011 today for a pri{j~1:fhp~tmtdit ~ 1 ,; :1 'J I;, !{ r, " t r ,', 1~ jj 'ft .1: I ii. r. I ;J'~ .., '\} " ,..10:\. .- -'f1f: ',,"" 'II .< 't!'! 0<1/:': '" J, '" "-j ,"' '!~"...;~U'_ '"" '"' ",I' ., ~'~\., 1l"Tl,;~:tF"'f ~:~ ,;~' '( &kb (~i:".... n~ 'il j~ ,~, '"\. ,\'" '4' 1'1, ; '" ,{i~ ...., -'c_ ~. 'li~ "t , \, , .. .. Ji A~1 'JJwJQf~~llwill" 501 501 North Main, Stillwater, Minnesota (651) 430-1011 . . .1 a\ .1 . .. . .C-:1 I . . . . .1 .1 All Stillwater photography @ Debra Chial Photography . . ,",~- ~ ~ I I ,. ..i.I.,' .j,,, t,.,. '. E'"I'1r,"!"ILE RS KNOW ALL BY THESE PRESENTS: Andrews, Inc, a Minnesota COrpOltltion, owner and proprietor and U S Home Corporation, a Delaware corporation, contract purchaser of following descnbed property situated in the County of Washington, State of Minnesota to wit' Outlot A, SETTLERS GLEN 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota Have caused the same to surveyed and platted as SETTLERS GLEN 4TH ADDITION and do hereby donate and dedicate to the publlc for public use forever the Way, and also dedicates the easements created by this plat for drainage util ity purposes only. In witness whereof said Andrews, Inc., a Minnesota corporation, has its proper officer this day of , 2003 these presents to be signed by ANDREWS,INc. By: , as STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _ day of , 2003, by .' as . of Andrews, Inc" a Minn(i':80ta corporation, on behalf of the corporation. Notary Public, , County, Minnesota My Commission Expires December 31 2005. Tn witness whereof said U S Heme Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this _ day of , 2003, U. S. HOME CO'~PORA T By: _ William Pritch1rd, Division Senior V ice President STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _ day of , 2003, by William Pritchard, as Division Semor Vice President of U. S. Home Corporation, a Delaware corporati on behalf of the corporation Notary Public, County, Minnesota My Commission Expires December 31 st, 2005. I hereby certify that I have surveyed and platted the property described on this plat as SETTLERS GLEN 4TH ADDITION; that this plat is a correct representation of said survey; that all distances are correctly shown on the plat in feet htmdredths of a foot; that all monuments have been correctly placed in the ground as shown or will be correctly placed in the ground as designated; that the outside boundary lines are correctly designated on the plat; and that there are no wet lands as defined in Minnesota Statues, Section 505.02, Subd. 1, or public highways to be designated other than as shown on said plat Henry D. Nelson, Land Surveyor, Minn. Reg. No, 17255 STATE OF MINNESOTA COUNTY OF ANOKA The foregoing Surveyor's Certificate by Henry D. Nelson, Land Surveyor, Minnesota Registration No. 17255 was acknowledged before me this day of , 2003. Max L. Stanislowski Notary Public, Anoka County, Minnesota My Commission Expires January 31 st, 2005. ... lik';.. "I , 4" If' ADlJI"I'ION CITY COUNCIL OF STILloW A TER, MINNESOT A This plat was approved by the City Council of the City of Stillwater, M i .' 2003, and hereby certifies compliance with all ui Statutes, Section 505.03, Subd. 2, this day of as set forth in Minnesota By: ___, Mayor By: , Clerk By: , Planning Commission Chairman By' . --_.~~--~-_.__..__..._~" _.__.~, Planning Commission Secretary WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this ,2003, d By: Washington County Surveyor By: W ASHTNGTON COUNTY AUDTTORffREASURER There are no delinquent taxes, the current taxes due and pay transfer has been entered this day of have been . d, and for the By: W ington County Auditorrrreasurer Deputy WASHINGTON COUNTY RECORDER Documen No. I hereby certify that this instrument was filed in the office of the County day ,2003, at o'clock _,_,M., and was duly on this C Records, Washington County Recorder Deputy McCOMBS FRANK RODS ASSqCIATES, INC. 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