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Home My WebLink About1993-12-07 CC PacketREGULAR MEETING RECESSED MEETING • Staff Reports 1. Finance Director 2. Police Chief 3. Public Wks. Director 10. City Clerk AGENDA 93-qa STILLWATER CITY COUNCIL DECEMBER 7, 1993 4:30 P.M. AGENDA 4. Comm Dev. Director 5. Parks & Recreation 6. Consulting Engineer 11. 7:00 P.M. AGENDA Petitions, Individuals and Delegations (continued) Consent Agenda 1. Resolution Directing the Payment of Bills (Resolution No. 93 -222). 2. Applications (list to be supplied at meeting) . 4:30 P.M. 7:00 P.M. Individuals and Delegations 1. Lynn Bertalmio - request for release of 1993 Capital Outlay Funds for Library. 2. Workshop with Stillwater Revenue Program Committee (i.e., sales tax) . 7. Fire Chief 8. Bldg. Official 9. City Attorney City Coordinator Call to Order Invocation Roll Call Approval of Minutes - Regular and Recessed Meeting November 2, 1993, Special Meeting November 9, 1993 and Regular Meeting November 16, 1993. Individuals, Delegations and Commendations 1. Recognition of Civil Air Patrol Cadets. 2. Presentation of plaque to Stillwater Elks Club. 3. Richard Pierre - Rick's Health Shop, discussion of possible 3 percent sales tax. Unfinished Business 1. Resolution adopting 1994 Budget. 2. Resolution adopting 1994 Tax Levy. 3. Report on procedures related to grading/ drainage of lots. 4. Continuation of final plat for Highlands 5th Addition. 5. Possible first reading of Shoreland Ordinance. 6. Possible first reading an ordinance regulating parking in residential areas. 7. Possible approval of agreement with St. Croix Animal Shelter. New Business 1. Approval of Addendum No. 4 to Recycling Agreement with Junker Recycling. 2. Goodwill Industries Recycling Grant. 2. First reading of an ordinance requiring the licensing of businesses. 3. First reading of an ordinance modifing open burning regulations. Communications/Requests 1. Gopher Wheelmen request to conduct bicycle race. 2. Establishment of Middle St. Croix Valley Planning Advisory Committee. 3. Thank you from Washington County Historic Courthouse (explorer cadets) . Council Request Items Staff Reports (continued) Adjournment • • • • • • V 4 STILLWATER PUBLIC LIBRARY 1993 Capital Budget The Library's remaining 1993 capital projects are listed on the accompanying page. All of these projects were on the list of approved projects at the time of the 1993 budget's adoption. The Board of Trustees requests that funds be released for these remaining projects. STILLWATER PUBLIC LIBRARY 1993 Capital Budget • • Library Operations Periodicals Citation Project $5600 The current equipment that the library uses for access to periodicals and magazines is obsolete. It needs frequent repair. While awaiting repair, it is often unavailable for public use. This service - which is constantly in demand - allows use by only one patron at a time. The Library has been working with the Washington County Library for the past year to develop the periodicals citation project in order to address these problems. These funds would allow us to purchase new equipment which could be used by several patrons at once. It would also be used to purchase software and to pay for the necessary licenses. Software 430 Building We are now receiving a discount for our present magazine indexing service because we purchase it cooperatively with the Washington County Library. WCL will switch to the new service this year. If we do not move to this new equipment and service, our annual rate for the present service will increase. Using 1993 rates, this would result in an increase of from $1782 (our current rate) to $3157 per year, contrasted with a single capital expenditure of $5600. The new equipment and service would pay for itself in a year and a half. ADA Levers to replace doorknobs 8 doors = $750. Installation by library staff Modifications to the front door including carpentry and installation of automatic door openers = $4000. • • • MEMORANDUM TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: December 2, 1993 RE: 1994 WORKERS COMPENSATION INSURANCE The City of Stillwater has received the standard premium quote from the LMCIT for the workers compensation insurance policy for the period January 1, 1994 to January 1, 1995. Based on estimated payroll, the standard premium is $113,331. This is approximately $16,000 less than 1993 because of the decrease in the City's experience modification factor (from 1.03 for 1993 to .88 for 1994) . As in other years, the City also has the option of selecting the retro -rated premium option. I would recommend the City select the retro -rated premium option with a minimum of $59,952 and maximum premium of $147,330. (These numbers are based on estimated payroll and will be adjusted to actual at the end of the year.) • • 1. Recitals. RESOLUTION NO. 93- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL xr.vrnur. CODE Be It Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City), as follows: a. The Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. c. The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103- 18(i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or apportion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. • d. This declaration as a declaration of official intent adopted pursuant to Section 1.103 -18 of the Regulations. 3. Budgetary Matters. reserved, allocate( reasonably expectec otherwise set asidE related to the prof This Resolution, th budgetary and fina foreseeable on the Regulations. Adopted this 7th day of December 1993. Attest: city clerk As of the date hereof, there are no City funds on a long -term basis or otherwise set aside (or to be reserved, allocated on a long -term basis or to provide permanent financing of the expenditures a cts other than pursuant to the issuance of the Bond. refore, is determined to be consistent with the City's cial circumstances as they exist or are reasonably ate hereof, all within the meaning and content of the 4. Filing. This Resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This Resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City of every business day until the date of issuanca of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expend =tune being reimbursed, or in the case of reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. Mayor • • • Project Description Street Drainage, L.I. 284 1994 Capital Outlay (Schedule attached) EXHIBIT A Estimated Cost to be reimbursed From Bond Proceeds $122,500 $500,000 • • • Total 1994 CAPITAL OUTLAY Administration /Finance Requested Recommended Terminal w /cash register /printer $ $3,500 CAFR on micro software 2,700 0 Indexing System 3,550 3,550 Lateral File 750 750 Chairs 710 710 $7,710 $8,510 Plant /City Hall Camera for City Council Chambers $ 2,000 Telephone and Voice Mail 28,500 28,500 ADA Modifications 9,500 9,500 Remodeling 200,000 Unidentified 11,222 Total $38,000 $251,222 Police Two Used Typewriters 639 0 Copy machine 7,455 0 Fax machine 852 0 Four live traps 340 340 Dictation equipment 1,500 0 Two portable cellular phones 852 0 Three protective vest: 2,875 0 Storage locker 300 300 Cameras 1,500 1,500 Two radar units 5,455 5,455 Records computer 7,505 7,505 Five mobile data terminals 23,963 23,963 Three squad w /changeovers 47,518 31,679 Total $100,754 $70,742 Fire Deck Gun 2,343 0 Two Foam Injection nozzles 1,299 0 Three 2.5 inch play p -pe 1,786 0 Six salvage tarps 511 0 Hose clamp 248 257 Two hydrant gates 851 0 Three hose jackets 1,323 0 Two SCBA ranger units 2,999 2,999 Five SCBA Cylinders 1,997 0 1.5 inch hose 2,023 0 Six pagers 2,876 0 Total $18,256 $3,256 • 1 • • • Inspection Pickup Truck Desk Total $15,400 $400 Civil Defense Sirens $13,000 $13,000 Streets Street Sweeper $100,000 $50,000 Shop Addition to garage $400,000 0 Planning IBM Computer and software $4,500 $4,500 Library Total General Fund $697,620 $401,630 Operations Answering Machine $ 150 $ 150 MacIntosh Computer 3,000 0 Printer for computer 300 0 Overhead projector 360 0 VCR 350 350 Two PAC printers 760 0 Paperback spinner 555 555 Video spinner 625 625 Total 1994 CAPITAL OUTLAY Building Chair $ 350 $ 350 Margaret Rivers Room furniture 5,000 0 Margaret Rivers Room shades 600 0 ADA "modifications" 5,000 2,500 Fiction room shads 390 390 Three chairs 350 350 Lighting improvements 2,000 1,000 Reupholster six chairs 2,700 0 Four heater motors 500 500 Electric motors on pumps 700 700 Total $17,590 $5,790 Library Total $23,690 $7,470 Requested Recommended 15,000 0 400 400 $6,100 $1,680 1994 CAPITAL OUTLAY Parks Requested Recommended Highland Park $40,000 $40,000 Lawn sweeper 12,000 12,000 Lawn tractor 18,000 12,000 Three mowers 1,200 1,200 Computer 2,000 2,000 Fencing at ballfields 1,700 1,700 Pioneer Park blacktop 17,000 17,000 Lily Lake Total Parks $91,900 $85,900 Arena Computer $2,000 $ 0 Loader 9,500 5,000 Rubber flooring 5,200 0 Metal siding 14,000 0 30,700 5,000 Beach Picnic area and walkway $31,000 0 Total Lily Lake $61,700 $ 5,000 Grand Total $874,910 $500,000 3 • • DONALD L. BEBERG CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M D R A N D U N I TO: MAYOR HOOLEY AND THE CITY COUNC FROM: D L . BEBERG, CHIEF OF POLICE DATE: DECEMBER 2, 1993 RE: POLICE DEPARTMENT REQUESTS I AM REQUESTING YOUR CONSIDERATION ON THE FOLLOWING ITEMS: TIMOTHY J. BELL CAPTAIN TELEVISION /VCR COMBINATION - COST $532.50, TAX INCLUDED. THIS IS FOR VIEWING TRAINING TAPES FOR "IN HOUSE" TRAINING. WE HAVE TRIED USING THE UNIT FROM THE FIRE DEPARTMENT BUT IT SEEMS THAT WE BOTH NEED /WANT IT AT THE SAME TIME. THE MONEY WILL COME FROM THE DRUG • FORFEITURE FUND. WE GOT SEVERAL PRICES INCLUDING OUTSIDE OF THE CITY. THE AMOUNT SHOWN ABOVE IS FROM JOHHNY'S TV IN STILLWATER. EVEN THO THIS WAS NOT THE LOWEST PRICE, I ASK THAT WE PURCHASE FROM "JOHNNY'S" DUE TO THE FACT THAT THEY HAVE DONATED THEIR TIME AND TALENT AT NO EXPENSE TO THE CITY FOR CITY FUNCTIONS WHEN ASKED. NO PARKING SIGNS - NORTH SIDE OF ORLEANS ST. DON HOVLAND, THE PRINCIPAL AT THE STILLWATER JUNIOR HIGH IS REQUESTING THIS. HE IS ASKING THAT THE SIGNS START AT SOUTH 6TH STREET AND EXTEND WEST TO WHERE THE CURRENT "NO PARKING" ZONE IS. THE REQUESTED DISTANCE IS ABOUT 800 FEET (SOUTH 6th STREET TO HARRIET STREET) AND I ASK THAT THE REQUEST BE GRANTED. WE WOULD HAVE SIGNED THIS BEFORE, BUT THAT ADDITIONAL PARKING WAS NEEDED WHEN THE BUILDING HOUSED THE ' SENIOR HIGH. LIGHT STANDARD - SOUTH PARKING LOT AT CITY HALL. WE ARE REQUESTING A FLOOD LIGHT BE INSTALLED ON THE EAST END OF THE LOT WITH THE LIGHT FACING TO THE WEST SO IT DOES NOT BOTHER HOUSING. THE OFFICERS PARK THEIR PERSONAL VEHICLES THERE WHILE THEY ARE WORKING. DURING THE PAST MONTH, SEVERAL OF THE VEHICLES HAVE BEEN VANDALIZED - "KEYED" (SCRATCHED) ON THE SIDES AND ONE OF THE OFFICERS HAD TIRES SLASHED. THERE USED TO BE A LIGHT IN THE CENTER OF THE LOT THAT WAS TAKEN OUT AND NOT REPLACED. WE ARE HOPING THAT WITH LIGHTING UP THE LOT, THE VANDALISM WILL STOP. IF IT DOESN'T, WE WILL BE BORROWING OR RENTING SOME SURVEILLANCE CAMERAS. (THE PUBLIC WORKS 0 DIRECTOR "GUESSTIMATES" THE COST AT AROUND $500.00.) (Continued on the back of this sheet) 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 93 -89 D.A.R.E. OFFICER SCHOOL. AS THE DATE FOR STARTIN THAT OFFICER DAVIN MILL HIRED BY THE ST. PAUL F OF SENDING MILLER TO D. NEW COPIER - COST THE COPIER WE CURRENTL OLD. IT DOES NOT MAKE MAINTENANCE IT HAS REC THERE IS A 90 DAY WARR AGREEMENT (THE SAME MO COPIER IS BEING PURCHA CHECKED WITH COMPETITI COUNTY CONTRACT, NO ON COPIER IS THE SAME BRA G THE D.A.R.E. SCHOOL GOT CLOSER I WAS INFORMED ER OF THIS DEPARTMENT WAS ON THE LIST FOR BEING OLICE DEPARTMENT. I COULD NOT TAKE THE CHANCE A.R.E. SCHOOL AND THEN HAVE HIM LEAVE. OFFICER SCOTT PARKER WAS SELECZED TO TAKE HIS SEAT IN THE CLASS AND WILL BECOME THE CITYS 3rd D.A.R.E. OFFICER. OFFICER DAVIN MILLER. OFFICER MILLER DID TURO IN HIS RESIGNATION BUT RESCINDED IT, SO HE WILL BE STAYING WITH THIS DEPARTMENT. 5.467.71, TAX INCLUDED. HAVE IN THE POLICE DEPARTMENT IS 8 -9 YEARS GOOD CLEAR COPIES ANYMORE IN SPITE OF THE IVED. WHEN WE NEED ANYTHING COPIED THAT HAS TO BE CLEAR, WE USE THE CCPIER UPSTAIRS. THE SAME IS TRUE IF WE NEED ANYTHING COLLATED. THE COPIER WE HAVE NOW RUNS AT 17 COPIES PER MINUTE AND DOES NOT COLLATE. THE COPIER WE ARE ASKING TO PURCHASE RUNS AT 37 COPIES PER MINUTE AND COLLATES USING A 20 BIN SORTER. NTY ON THE NEW MACHINE AND THEN THE MAINTENANCE EY AS WE CURRENTLY PAY) TAKES OVER. THE NEW ED OFF OF A HENNEPIN COUNTY CONTRACT. I HAVE E COMPANIES FOR PRICING BUT DUE TO THE HENNEPIN ELSE CAME CLOSE TO THE PRICING. ALSO, THE NEW D AS THE ONE WE CURRENTLY HAVE AND IS FROM CONSOLIDATED BUSINESS SYSTEMS IN BURNSVILLE, WHICH IS THE COMPANY THAT WE BOUGHT THE CURFENT MACHINE FROM AND WHICH PROVIDES THE SERVICE FOR IT. THE CLOSEST COMPETITIVE PRICE WAS $6,108.84 ($641.13 HIGHER) AND THE COPIER HAS A SPEED OF 30 COPIES PER MINUTE WITH A 10 BIN SORTER FOR COLLATING. THE ONE LIFTED ABOVE IS FASTER AND HAS A LARGER SORTER AND IS LESS EXPENSIVE. THE MAINTENANCE AGREEMENT COSTS ARE THE SAME FOR BOTH COPIERS. WE HAVE THE NECESSARY N.ONEY IN THE BUDGET FOR THIS EXPENSE. THE FIRE DEPARTMENT WANTS THE CCPIER WE HAVE NOW AND THEY HAVE THE NECESSARY MONEY IN THEIR BUDGET 10 PICK UP THE COST OF THE MAINTENANCE AGREEMENT FOR IT. FULL -TIME OFFICER CERTIFICATION. OFFICER CHRISTOPHER FELSCH WAS HIRED AS A FULL -TIME POLICE OFFICER ON NOVEMBER 16, 1992. PEF, THE THE ATTACHED MEMO, I ASK THAT HE BE CERTIFIED AS A PERMANEAT CITY EMPLOYEE. • • • tr")/ *Is WA mil AREA SCHOOLS Mal 1 MICHAEL BRABENDER Director of Transportation Effective Learning Through Excellence in Education 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 430 -8340 V -TDD 430 -8217 December 2, 1993 Nile Kriesel City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Dear Mr. Kriesel: Stillwater Area Public Schools would like to petition the City of Stillwater to allow for the installation of restricted parking signs on Orleans Street. The affected area would be directly adjacent to the Stillwater Jr. High School (see attached). We are requesting that there be NO PARKING from 6:00 a.m. to 4:00 p.m. WHEN SCHOOL IS IN SESSION. We feel that there is ample off street parking during the school day to keep this area open for the drop off of students to the Magnet School. By keeping this area open, the safety of our students will increase through greater visibility. We also believe that this will benefit the city snowplowing crews during the winter. By allowing parking after 4:00 p.m. we will be able to use street parking for after school events. Thank you for your attention to this matter. Respectfu4ly, Phillip E. Fisher Coord. of Facilities & Grounds PEF/kma Attach. cc: Don Hovland, Principal SJHS naca Mgr. An Equal Opportunity Employer LINDA BURNHAM PHIL FISHER DENISE MERGENS NORMAN WEBB Coordinator of Coordinator of Coordinator of Assistant Director of Food Service & Purchasing Facilities & Grounds Fiscal Services Transportation • 1 • • • DONALD L. BEBERG CHIEF OF POLICE TO: FROM: DATE: 93 -90 E M O R A N ID U M MA (0k Iii_:. !_,:" „li') I HL D.L. EEBERG , CHIEF OF POLICE DECLM6L, 1993 RE C HR, I "i OPHL FELSCH i THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT TIMOTHY J. BELL CAPTAIN OFFICER FELSCH WAS HIRED BY THE CITY AS A FULL -TIME POLICE OFFICER EFFECTIVE NOVEMBER 16, 1992. PART OF THE HIRING CRITERIA WAS THAT HE SERVE A 12 MONTH PROBATIONARY PERIOD BEFORE BEING CERTIFIED AS A PERMANENT EMPLOYEE OF THE CITY. CHRIS FELSCH HAS DONE AN EXCELLENT JOB THIS PAST YEAR AND I RECOMMEND THAT HE BE CERTIFIED, PER RESOLUTION, AS A PERMANENT CITY EMPLOYEE. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 DAVID MAWHORTER e uBLIC SAFETY DIRECTOR POLICE CHIEF • 1 Form 2091 Desk STW1 THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE TO: Mayor and Stillwater City Copncil Members FR: Gordon Seim, Fire Chief RE: Equipment Purchases, Open Burning Ordinance DA: 12-2-93 1) Requesting council permission to purchase bunker pants for Ron Johnson and a new bunker coat and pants for George Ness. Total cost for these items is 8 940.00 and is budgeted for. •-• 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 ■• GORDON SEIM FIRE CHIEF 2) Requesting council permission to purchase a new computer, printer and ISO accepted programs for pre-planning and training. This is not budgeted for, would be paid for by donation and surplus left over from this years budget. 3) Discussion of new open burning laws and need for new ordinance. • MEMO • STILLWATER DOWNTOWN REVENUE PROGRAM COMM"' ILL DATE; December 2, 1993 TO: Mayor Charles Hooley and City Council Members FROM: Jim Kellison, Co -chair RE; Workshop Meeting, December 7, at 4:45 p.m, We appreciate the opportunity to meet with you in the above- mentioned workshop session to discuss the prospects of a revenue program for the downtown Stillwater business district. Attending on behalf of the RPC will be Jim Kellison, Chuck Dougherty, Vern Stefan., Diane Rollie, John Hall, Bob Utecht and James Laskin. We look forward to this workshop as an opportunity to exchange information so that we may continue toward arriving at a mutually acceptable solution to the proposal presented by the City Council, In an effort fkcilitate that process, we would appreciate the city providing us with any information you may have regarding the following matters: 1. The gross taxable sales for the downtown area as defined by the Downtown Redevelopment District, 2. What would be the method of collection of any revenues that are levied in the form of taxes? 3. We would appreciate a list of the proposed uses of any revenues that are collected and the approximate costs for each of those uses. 4, Statistics that relate to the downtown utilization of city revenues and services that are available to the city. 5. How would the city anticipate administering any revenue program that might be implemented? Once again, thank you and we look forward to seeing you at the workshop meeting. • ) Revenue Program Committee Survey November, 1993 Following are the tabulated results of all close -ended survey questions. A total of 115 surveys were returned and included in the tabulation process. Survey questions are presented in the same context in which they were presented; followed by the percentage and count for each available answer. Closed -ended questions, or questions that require a non - prompted answer, have been omitted from this report. 1. Implement Lowell Park Renovation Plan (Prepared for City of Stillwater by landscape architects Sanders Wacker Wehrman Bergley, Inc.). High Priority 33% 38 Mid -Level Priority 32.2% 37 Low Priority 20% 23 Unimportant 11.3% 13 N/A 3.5% 4 Total Responses: 111 2. Tourist information booth (staffed weekdays and weekends). High Priority 20.9% 24 Mid -Level Priority 32.2% 37 Low Priority 25.2% 29 Unimportant 20.9% 24 N/A .9% 1 Total Responses: 114 3. Reduce traffic congestion and improve flow. High Priority 72.2% 83 Mid -Level Priority 17.4% 20 Low Priority 5.2% 6 Unimportant 4.3% 5 N/A .9% 1 Total Responses: 114 4. Preserve historic interstate bridge. High Priority 53.9% 62 Mid -Level Priority 26.1 % 30 Low Priority 8.7% 10 Unimportant 10.4% 12 N/A .9% 1 • Total Responses: 114 Revenue Program Committee Survey,, continued... Page 2 of 14 5. Pedestrian walkway along the river. High Priority 33% 38 Mid -Level Priority 36.5% 42 Low Priority 19.1% 22 Unimportant 11.3% 13 N/A 0% 0 Total Responses: 115 6. Improved downtown street/sidewalk cleanliness. High Priority 22.6% 26 Mid -Level Priority 40% 46 Low Priority 22.6% 26 Unimportant 11.3% 13 N/A 3.5% 4 Total Responses: 111 7. More police on duty down town. High Priority 7.8% 9 Mid -Level Priority 37.4% 43 Low Priority 33.9% 39 Unimportant 20% 23 N/A .9% 1 Total Responses: 114 8. Improved public restroom cleanliness. High Priority 25.2% 29 Mid -Level Priority 32.2% 37 Low Priority 25.2% 29 Unimportant 13.9% 16 N/A 3.5% 4 Total Responses: 111 9. Children's playground area. High Priority 13.9% 16 Mid -Level Priority 28.7% 33 Low Priority 33% 38 Unimportant 22.6% 26 N/A 1.7% 2 Total Responses: 113 f • • 1 Revenue Program Committee Survey, continued... Page 3 of 14 10. Decorative street lighting. High Priority 27.8% 32 Mid -Level Priority 27.8% 32 Low Priority 26.1% 30 Unimportant 17.4% 20 N/A .9% 1 Total Responses: 114 11. Beach area. High Priority 7% 8 Mid -Level Priority 13.9% 16 Low Priority 34.8% 40 Unimportant 43.5% 50 N/A .9% 1 Total Responses: 114 12. Downtown hotel. High Priority 25.2% 29 Mid -Level Priority 31.3% 36 Low Priority 25.2% 29 Unimportant 15.7% 18 N/A 2.6% 3 Total Responses: 112 13. Outdoor skating rink with warming hut. High Priority 9.6% 11 Mid -Level Priority 23.5% 27 Low Priority 33% 38 Unimportant 30.4% 35 N/A 3.5% 4 Total Responses: 111 14. Restoration, beautification of alleyways. High Priority 14.8% 17 Mid -Level Priority 22.6% 26 Low Priority 38.3% 44 Unimportant 24.3% 28 N/A 0% 0 • Total Responses: 115 Revenue Program Committee Survey, continued... Page 4 of 14 15. More residential living spaces. High Priority 4.3% 5 Mid -Level Priority 16.5% 19 Low Priority 35.7% 41 Unimportant 40.9% 47 N/A 2.6% 3 Total Responses: 112 16. More beautification landscaping - trees, shrubs, plants, and flowers throughout the downtown area. High Priority 27% 31 Mid -Level Priority 39.1 % 45 Low Priority 23.5% 27 Unimportant 8.7% 10 N/A 1.7% 2 Total Responses: 113 17. All- season performing/visual arts facility. High Priority 16.5% 19 Mid -Level Priority 27.8% 32 Low Priority 27.8% 32 Unimportant 25.2% 29 N/A 2.6% 3 Total Responses: 112 18. Increased flood protection. High Priority 29.6% 34 Mid -Level Priority 33% 38 Low Priority 22.6% 26 Unimportant 12.2% 14 N/A 2.6% 3 Total Responses: 112 r • • • • Revenue Program Committee Survey, continued... Page 5 of 14 19. Redefined parking plan to increase customer parking. High Priority 63.5% 73 Mid -Level Priority 24.3% 28 Low Priority 6.1% 7 Unimportant 3.5% 4 N/A 2.6% 3 Total Responses: 112 20. Conference/meeting center. High Priority 12.2% 14 Mid -Level Priority 33% 38 Low Priority 29.6% 34 Unimportant 22.6% 26 N/A 2.6% 3 Total Responses: 112 21. Enhance visual appeal of river front (i.e. clean up scrub trees and debris from Aiple property to northend). High Priority 24.3% 28 Mid -Level Priority 46.1% 53 Low Priority 13.9% 16 Unimportant 13.9% 16 N/A 1.7% 2 Total Responses: 113 22. Facility with indoor pool. High Priority 3.5% 4 Mid -Level Priority 8.7% 10 Low Priority 31.3% 36 Unimportant 53.9% 62 N/A 2.6% 3 Total Responses: 112 Revenue Program Committee Survey., continued... Page 6 of 14 23a. Train rides in Lowell Park along river. High Priority 25.2% 29 Mid -Level Priority 23.5% 27 Low Priority 22.6% 26 Unimportant 26.1 % 30 N/A 2.6% 3 Total Responses: 112 23b.Climbing wall. High Priority 4.3% 5 Mid -Level Priority 13.9% 16 Low Priority 29.6% 34 Unimportant 47.8% 55 N/A 4.3% 5 Total Responses: 110 23c. Film society. High Priority 16.5% 19 Mid -Level Priority 17.4% 20 Low Priority 27% 31 Unimportant 34.8% 40 N/A 4.3% 5 Total Responses: 110 23d.More music and arts events /festivals. High Priority 33.9% 39 Mid -Level Priority 32.2% 37 Low Priority 13.9% 16 Unimportant 17.4% 20 N/A 2.6% 3 Total Responses: 112 23e. Miniature golf course. High Priority 2.6% 3 Mid -Level Priority 11.3% 13 Low Priority 27.8% 32 Unimportant 55.7% 64 N/A 2.6% 3 Total Responses: 112 • • • • Revenue Program Committee Survey, continued... Page 7 of 14 23f. Public picnic area. High Priority 24.3% 28 Mid -Level Priority 40.9% 47 Low Priority 17.4% 20 Unimportant 14.8% 17 N/A 2.6% 3 Total Responses: 112 23g.Public fishing pier. High Priority 16.5% 19 Mid -Level Priority 31.3% 36 Low Priority 25.2% 29 Unimportant 24.3% 28 N/A 2.6% 3 Total Responses: 112 23h.Indoor winter activities facility. High Priority 9.6% 11 Mid -Level Priority 21.7% 25 Low Priority 27.8% 32 Unimportant 36.5% 42 N/A 4.3% 5 Total Responses: 110 24. Three- season public transportation via trolley from Oak Park malls to north end of downtown including stops at bed & breakfasts, motels. High Priority 18.3% 21 Mid -Level Priority 33% 38 Low Priority 33% 38 Unimportant 13% 15 N/A 2.6% 3 Total Responses: 112 Revenue Program Committee Survey , continued... Page 8 of 14 25. Expand utilization of historic courthouse. High Priority 20% 23 Mid -Level Priority 38.3% 44 Low Priority 27% 31 Unimportant 13% 15 N/A 1.7% 2 Total Responses: 113 26a. Convention and tourism bureau (an office dedicated to inbound promotion of Stillwater and on -site service of tourist groups). High Priority 26.1 % 30 Mid -Level Priority 38.3% 44 Low Priority 16.5% 19 Unimportant 13.9% 16 N/A 5.2% 6 Total Responses: 109 26b. Should this be funded through a tax on transient lodging? Yes 39.1% 45 No 20.9% 24 N/A 40% 46 Total Responses: 69 27. Funding for downtown re ritoration. High Priority 29.6% 34 Mid -Level Priority 37.4% 43 Low Priority 16.5% 19 Unimportant 13% 15 N/A 3.5% 4 Total Responses: 111 28. Walkway connecting downtown, historic courthouse. High Priority 2.6% 3 Mid -Level Priority 15.7% 18 Low Priority 38.3% 44 Unimportant 37.4% 43 N/A 6.1% 7 Total Responses: 108 • • • • Revenue Program Committee Survey, continued... Page 9 of 14 31. General sales tax on currently taxable goods sold downtown. High Priority 3.5% 4 Mid -Level Priority 12.2% 14 Low Priority 13.9% 16 Unimportant 62.6% 72 N/A 7.8% 9 Total Responses: 106 32. Profits from operation of public golf course. High Priority 28.7% 33 Mid -Level Priority 28.7% 33 Low Priority 13.9% 16 Unimportant 20% 23 N/A 8.7% 10 Total Responses: 105 33. Tax on on -sale liquor and beer. High Priority 27.8% 32 Mid -Level Priority 31.3% 36 Low Priority 10.4% 12 Unimportant 23.5% 27 N/A 7% 8 Total Responses: 107 34. Profits from toll operation of historic lift bridge. High Priority 28.7% 33 Mid -Level Priority 27.8% 32 Low Priority 12.2% 14 Unimportant 22.6% 26 N/A 8.7% 10 Total Responses: 105 35. Tax on meals and beverages sold in restaurants. High Priority 15.7% 18 Mid -Level Priority 25.2% 29 Low Priority 16.5% 19 Unimportant 34.8% 40 N/A 7.8% 9 • Total Responses: 106 Revenue Program Committee Survey continued... Page 10 of 14 36. Profits from operation of city marina. High Priority 36.5% 42 Mid -Level Priority 34.8% 40 Low Priority 12.2% 14 Unimportant 9.6% 11 N/A 7% 8 Total Responses: 107 37. Profits from parking leases or fees. High Priority 40% 46 Mid -Level Priority 22.6% 26 Low Priority 13.9% 16 Unimportant 16.5% 19 N/A 7% 8 Total Responses: 107 38. Increase commercial grope.ly tax. High Priority 2.6% 3 Mid -Level Priority 9.6% 11 Low Priority 26.1% 30 Unimportant 55.7% 64 N/A 6.1% 7 Total Responses: 108 40. New city revenues (listed above) should be allocated to individual downtown projects by the city council. High Priority 9.6% 11 Mid -Level Priority 19.1% 22 Low Priority 13.9% 16 Unimportant 42.6% 49 N/A 14.8% 17 Total Responses: 98 • • • Revenue Program Committee Survey, continued... Page 11 of 14 41. A set percentage of the new city revenues (listed above) should be turned over to a new downtown Stillwater "Improvement Authority" independent of city government that would fund downtown capital improvement projects and promotion programs. High Priority 32.2% 37 Mid -Level Priority 22.6% 26 Low Priority 9.6% 11 Unimportant 20% 23 N/A 15.7% 18 Total Responses: 97 42. New city revenues (listed above) should be turned over to a new "Improvement Authority" that would fund downtown capital and public service projects. High Priority 31.3% 36 Mid -Level Priority 22.6% 26 Low Priority 11.3% 13 Unimportant 19.1% 22 N/A 15.7% 18 Total Responses: 97 If a sales tax were to be imposed on goods sold in your business, what do you feel is the MAXIMUM tax rate that could be charged to your customers without significantly affecting your sales? 3% Sales Tax 1.7% 2 2.5% Sales Tax 0% 0 2% Sales Tax 3.5% 4 1.5% Sales Tax 1.7% 2 1% Sales Tax 11.3% 13 .5% Sales Tax 26.1% 30 Any tax would significantly decrease my business. 45.2% 52 N/A 10.4% 12 Total Responses: 103 Revenue Program Committee Survey continued... Page 12 of 14 What percentage of sales come from the Stillwater /OPH/Bayport/Lake Elmo area? 0 -10% 17.4% 20 11 -20% 7.8% 9 21 -30% 6.1% 7 31-40% 9.6% 11 41 -50% 7.8% 9 51 -60% 7% 8 61 -70% 7.8% 9 71 -80% 7.8% 9 81 -90% 6.1% 7 91 -100% 7.8% 9 N/A 14.8% 17 Total Responses: 98 What percentage of your sales come from Western Wisconsin 0 -10% 36.5% 42 11 -20% 20% 23 21 -30% 10.4% 12 31 -40% 1.7% 2 41 -50% 0% 0 51 -60% 0% 0 61 -70% 0% 0 71 -80% 0% 0 81 -90% 0% 0 91 -100% 0% 0 N/A 31.3% 36 Total Responses: 79 What percentage of your sales come from the Twin Cities metro area? 0 -10% 23.5% 27 11 -20% 14.8% 17 21 -30% 11.3% 13 31 -40% 10.4% 12 41 -50% 5.2% 6 51 -60% 4.3% 5 61 -70% 2.6% 3 71 -80% 2.6% 3 81 -90% .9% 1 91 -100% .9% 1 N/A 23.5% 27 Total Responses: 88 • • • • Revenue Program Committee Survey, continued... Page 13 of 14 What percentage of your sales come from Outstate Minnesota? 0 -10% 40% 46 11 -20% 7.8% 9 21 -30% 7% 8 31 -40% .9% 1 41 -50% 0% 0 51 -60% 0% 0 61 -70% 1.7% 2 71 -80% 0% 0 81 -90% 0% 0 91 -100% 0% 0 N/A 42.6% 49 Total Responses: 66 What percentage of your sales come from other areas? 0 -10% 25.2% 29 11 -20% 3.5% 4 21 -30% 0% 0 31 -40% 2.6% 3 41 -50% 0% 0 51 -60% .9% 1 61 -70% 2.6% 0 71 -80% 0% 0 81 -90% 2.6% 3 91 -100% .9% 1 N/A 61.7% 71 Total Responses 44 Do you feel that a real estate property assessment district should be established to fund capital improvements? Yes 13.9% 16 No 60.9% 70 N/A 25.2% 29 Total Responses: 86 Do you own or rent your space? Own 32.2% 37 Rent/Lease 60% 69 N/A 7.8% 9 Total Responses: 106 Revenue Program Committee Survey, continued... Page 14 of 14 Does your business have taxable income? Yes 80.9% 93 No 7.8% 9 N/A 11.3% 13 Total Responses: 102 Do you feel that any special sales tax should be collected citywide (in Stillwater) or just downtown? Citywide 49.6% 57 Downtown Only 6.1% 7 N/A 44.3% 51 Total Responses: 64 • • • • • • FOR IMMEDIATE RELEASE: STILLWATER REVENUE PROGRAM COMMITTEE Stillwater, Minnesota Contact: Jim Kellison - 777 -8646 Chuck Dougherty - 430 -2955 John Hall - 351 -0816 MAYOR'S PROPOSED 3% "VISITOR" TAX WOULD BIT LOCAL PEOPLE HARD, SURVEY SAYS COALITION OF LOCAL BUSINESSES READYING ALTERNATIVE PROPOSAL FOR CITY COUNCIL If the Stillwater City Council levies a 3 percent "visitors" sales tax on downtown businesses, it won't be just tourists that pay, a survey completed last week shows. In fact the survey, conducted November 4 -15, illuminates for the first time that local people make up a very large percentage of downtown Stiliwater's customers. A three percent sales tax on top of the existing 6'/ percent statewide sales tax could drive some of these local customers and tourists away from downtown — exactly the opposite effect main street shops want! The survey is a project of the ad hoc Revenue Program Committee (RPC), formed by a consortium of downtown businesses following Mayor Charles Hooley's summer announcement that he would ask the state legislature to raise the sales tax in downtown Stillwater to 9 '/2 percent on certain businesses. The RPC, co- chaired by Jim Kellison, a local construction firm owner, and Chuck Dougherty, owner of a Stillwater B & B, has spent the last three months researching the proposed new tax and alternative revenue programs, as well as other ways downtown Stillwater can improve its business, community, and cultural environment. Hooley, who initiated the formation of the RPC, resigned from the committee last month, apparently over the attendance at a subcommittee meeting and the wording of the minutes of that meeting. In response to a request from the RPC last week, Mayor Hooley recommended at the last city council meeting that the city not provide a liaison to the RPC. The survey polled 115 downtown businesses which represent approximately 72% of the total downtown businesses. It was conducted to determine where their customers came from, what changes were needed downtown to improve the business climate, as well as to ascertain what the businesses felt they would, or could, afford to contribute to the effort. "Over 36 percent of downtown Stillwater businesses report that a majority of their customers come from Stillwater, Oak Park Heights, Bayport, and Lake Elmo," Co- chairman Kellison said of the survey results, "whereas only 20 percent reported that tourism was a majority of their sales." "Though a smaller sales tax increase was not ruled out by the businesses, the addition of a sales tax of as high as 3 percent could drive local shoppers to other nearby towns. The mayor's tax increase proposal, though sincerely founded to benefit the downtown, I'm sure, comes at a particularly bad time -- when downtown Stillwater is trying to make itself more accommodating to local residents as well as to out -of- towners." "We are gathering information and ideas, both locally and from other areas to provide options for improving downtown and raising the money to make it happen. The RPC is confident that our local council and our legislators will be anxious to review our alternative plan which we are hoping to present to the council in January." Kellison further reported that based on information gathered by the RPC there is very little likelihood that any tax legislation would be introduced at the state level in this session. of a sales tax of as high as tired percent could drive local shoppers to other nearby towns. The mayor's tax increase proposal, though sincerely founded to benefit downtown, I'm sure, comes at a particularly bad time — when downtown Stillwater is trying to make itself more accommodating and interesting to local residents, as well as out -of- towners. "We are gathering infonnation and ideas, both locally and from other areas to provide options for improving downtown and raising money to make it happen. The RPC is confident that our local council and our legisla.ors will be anxious to review our alternative plan which we are hoping to present to the council in January." Kellison said. Kellison further reportec that based on information gathered by the RPC there is little likelihood that any tax legislation would be introduced at the state level in this session. Among the survey results: "What really needs to be done to downtown Stillwater ?" (high or mid -level priority) Top Ten reduce traffic congestion and improve. flow 90% redefined parking plan to increase customer parking 88% preserve historic interstate bridge 80% enhance visual appeal of riverfront 70% pedestrian walkway along river 69% downtown restoration 67% more music and arts events /festivals 66% tie more beautification landscaping downtown 66% tie public picnic area 65% tie implement Lowell Park renovation 65% tie convention & visitors' bureau 64% increased flood protection 63% How should capital improvements be funded? Top Five profits from operation of city marina 71% • • • • • f profits from parking leases or fees 62% tax on on -sale liquor and beer 59% profits from toll bridge 57% tie profits from operation of public golf course 57% tie tax on meals and beverages sold in restaurants 41% How should any new revenues be managed? new Stillwater "Improvement Authority" would administer city government would administer 54% 29% NOTE IN THE FOLLOWING, REPSONDENTS ANSWERED IN SEVERAL CATEGORIES, SO PERCENTAGES DON'T TOTAL TO 100 PERCENT. What percentage of sales come from Stillwater /OPHBayport/Lake Elmo? above 50% 37% • below 50% 49% What percentage of sales come from Western Wisconsin? above 50% 0% below 50% 69% What percentage of your sales come from Twin Cities metro area? above 50% 11% below 50% 65% What nercentawe of your sales come from outstate Minnesota? above 50% 2% below 50% 56% What percentage of vour sales come from other areas? more than 50% 7% less than 50% 31% Surveys were distributed to approximately 160 downtown Stillwater businesses and represents 115 (72 %) returned. • FIRST DRAFT 3% SPECIAL LAW Sec. CITY OF STILLWATER, SALES TAX AND PORT AUTHORITY POWERS AUTHORIZED. David T. Magnuson City Attorney Subdivision 1. (TAX MAY BE IMPOSED.) Notwithstanding Minnesota Statutes, section 477A.016, or any other contrary provision of law, ordinance, or city charter, the City of Stillwater may, by resolution, impose an additional sales tax of up to three percent on sales transactions taxable pursuant to Minnesota Statutes, chapter 297A, that occur within the Central Business Zoning District (hereinafter "CBD ") of the city. Subd. 2. (USE OF REVENUES.) Revenues received from the tax authorized by subdivision 1 may only be used by the city to pay the cost of collecting the tax, and to pay for the following projects or to secure or pay any principal, premium, or interest on bonds issued in accordance with subdivision 3 for the following projects. (a) To pay all or a portion of the capital expenses of construction, equipment and acquisition costs for the expansion and repair of Lowell Park and the Lowell Park Levy Wall. (b) The remainder of the funds must be spent to pay for operating costs associated with the burden imposed on the entire city by tourism in the CBD, and to further commercial and economic development in the CBD. By January 15 of each odd - numbered year, the mayor and the city council must report to the legislature on the use of sales tax revenues during the preceding two -year period. Subd. 3. (BONDS.) The city may issue general obligation bonds of the city to finance all or a portion of the cost for projects authorized in subdivision 2, paragraph (a). The debt represented by the bonds shall not be included in computing any debt limitations applicable to the city. The bonds may be paid from or secured by any funds available to the city, including the tax authorized under subdivision 1. The bonds may be issued in one or more series and sold without election on the question of issuance of the bonds or a property tax to pay them. Except as otherwise provided in this section, the bonds must be issued, sold, and secured in the manner provided in Minnesota Statutes, chapter • 475. Subd. 4. (ENFORCEMENT; COLLECTION.) A sales tax imposed under subdivision 1 may be reported and paid to the commissioner of revenue with the state sales tax, and be subject to th same penalties, interest, and enforcement provisions imposed under Minnesota Statutes, chapters 289A and 297A. If the commissioner of revenue enters into appropriate agreements with the city to provide for collection of these taxes by the state on behalf of the city, the commissioner shall charge the city a raasonable fee for its collection from the proceeds of any taxes to ensure that no state funds are expended for the collection of these taxes. The proceeds of the tax, less the cost of collection, shall be remitted monthly to the city and the city shall deposit such sums into a dedicated fund. By July 1, 1999, the commissioner of revenue shall provide the city an estimate of the cost of collection. Subd. 5. (EXPIRAT OF TAXING AUTHORITY.) The authority granted by subdivision 1 to the city to impose a sales tax shall expire when the principal and interest on any bonds or other obligations issued to finance projects authorized in subdivision 2, paragraph (a) have been paid or at an earlier time as the city shall, by ordinance, determine. Any funds remaining after completion of projects approved under subdivision 2, paragraph (a) and retirement or redemption of any bonds or other obligations, or remaining in a dedicated fund, may be placed in the general fund of the city. Subd. 6. (PORT AUTHORITY POWERS.) The governing body of the city of Stillwater may exercise all of the powers of a port authority provided by Minnesota Statutes, section 469.048 to 469.068. Subd. 7. (LOCAL APPROVAL; EFFECTIVE DATE.) This section is effective the day following final enactment, and after compliance by the governing body of the City of Stillwater with Minnesota Statutes, section 645.021, subdivision 3, with respect to that section. If the Stillwater City Council intends to exercise the authority provided by thi3 section, it shall pass a resolution stating the fact before July 1, 1994. • • • • 1. Uniformity. BRIEF NOTE OF LEGAL CONCERNS REGARDING ANY TAX CONSTITUTIONAL LIMITS ON TAX Must embrace all and exclude none whose conditions and wants render anything necessary or appropriate to them as a class. Does not matter how few are included so long as all are in similar circumstances. 2. Equal Protection. Must be a rational basis for a class. David T. Magnusor City Attorney STILLWATER CITY COUNCIL • MINUTES Nov REGULAR MEETING November 2, 1993 • • The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings (arrived at 4:50 P.M.), Funke, Kimble (arrived at 4:45 P.M.) and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore City Planner Pung - Terwedo Finance Director Deblon Police Chief Beberg Fire Chief Seim Public Works Director Junker Building Inspector Zepper City Clerk Johnson Press: Others: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Karen Wirkus, Marcia Kilbourne. 4:30 P.M. INDIVIDUALS & DELEGATIONS 1. Karen Wirkus. Climb Theatre - Continuation of request for Gambling (Pull -Tab) License for Cat Ballou's & Harbor Bar. Karen Wirkus, representing Climb Theatre, was present to give more background on the operation of Climb Theatre, stating that Stillwater area schools also benefit from their programs regarding self - esteem. Council discussion followed. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the Pull -Tab Gambling License for Climb St. Paul to operate at Cat Ballou's, 112 No. Main St. (Resolution No. 93 -207) Ayes - Councilmembers Bodlovick, Funke and Mayor Hooley. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the Pull -Tab Gambling License for Climb St. Paul to operate at Harbor Bar, 517 No. Owens St. (Resolution No. 93 -208) 1 Stillwater City Cound.il Minutes Regular Meeting November 2, 1993 Ayes - Councilmembers Bodlovick, Funke and Mayor Hooley. Nays - None STAFF REPORTS 1. Finance Director - No report. 2. Police Chief - No report. 3. Fire Chief - Request to purchase equipment for all fire trucks. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request of Fire Chief Seim to purchase equipment from Metro Fire for all fire trucks as required by I.S.O. for fire rating and insurance purposes. (All in favor). (Councilmember Kimble arrived at 4:45 P.M.) 4. Public Works Director - No report. 5. Building Official - Aareement to conduct inspection duties for public buildings. Mr. Zepper explained :hat the State is now requiring contracts with municipalities in regard to conducting plan reviews and inspections of public buildings. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the contract with the State Building Codes Division relating to inspection duties for public buildings. (Resolution No. 93 -209) Ayes - Councilmembers BodlDvick, Funke, Kimble and Mayor Hooley. Nays - None Discussion of prohibition of storm water in the sanitary sewer system & requirement of interceptors. City Attorney Magnuson explained the proposed resolution and notices to businesses regarding the prohibiti pn of storm water in the sanitary sewer system and the requirement for "grease traps" for the proper handling of any liquid waste containing grease or other harmfd ingredients. Discussion also included a method of enforcement for this plan. (Councilmember Cummings arrived at 4:50 P.M.) 2 1 • • • Stillwater City Council Minutes Regular Meeting • November 2, 1993 • Motion by Councilmember Funke, seconded by Councilmember Kimble to have a first reading of an ordinance amending Chap. 29.05 relating to enforcement of greasetraps. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution directing the Public Works Director to send notice of the required separate connection to all persons in non - compliance with Ordinance No. 755 and also to give further notice to all businesses regarding the requirement for grease interceptors. (Resolution No. 93 -210) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 6. City Planner - No report. 7. Consulting Engineer - Neal Ave. Street Improvements Mr. Moore explained the need for a box culvert over the watermain at the Neal Ave. crossing of Brown's Creek and the Water' Board's concern about the placement of this particular culvert. The Water Board also contends it is not their responsibility for the placement of this watermain and Council discussion followed. Motion by Councilmember Kimble, seconded by Councilmember Funke directing the City Engineer to refer the request for a box culvert at the Neal Ave. crossing of Brown's Creek to the Water Dept. (All in favor). Discussion of North Third St. concerns City Attorney Magnuson and Consulting Engineer Moore initiated continuation of the discussion of concerns regarding the houses built in the right -of -way of No. Third St. Mr. Moore stated that part of the concern of the residents is for the debris that has been placed on the edge of the ravine, which the City has removed from time to time, and also debris that has been buried. Mr. Moore estimated that engineering costs would be $3,000 to $5,000 and borings would run $5,000 to $8,000. Mr. Magnuson stated that the county is familiar with the problem and the attorney for the residents has stated that because the City has allowed dumping that the property values may be lowered because of contamination beneath the surface. He suggested that the City try to work with Washington County to investigate, in a remedial way, all these dumps and get approval from the Pollution Control Agency. He added that Washington County would prefer the City leave it undisturbed in order to stop erosion 3 Stillwater City Council Minutes Regular Meeting November 2, 1993 of the ravine. Washington County and the City should approach the PCA to arrive at a favorable approach. I ; was noted that no contamination of wells has been found. Motion by Councilmember B Ddlovick, seconded by Councilmember Kimble authorizing the City Engineer to work with Washington County and request that they make contact with the Pollution Control Agency to determine what pollutants may be present in the ravine area adjacent to No. Third St. (All in favor). Discussion of McKusi Lake Road Project Councilmember Cummings initiated discussion of the above project and whether construction will be completed to an appropriate point before winter weather sets in. Mr. Moore stated he will approach the County to reaffirm the City's concerns regarding this project. Other questions were raised regarding Myrtle St. and the lights on Curve Crest. It was noted that poles will not be received until January. Levee Wall Project Mr. Moore explained ghat the Corps of Engineers can do the project themselves, but the City may be able 10 work in conjunction with the Corps. He recommended the City send a letter to the Corps requesting that they do the work. He would be willing to draft such a letter fir the Mayor's signature. Council discussion followed and they suggested tabling action on this item until next week. Motion by Councilmember Kimble, seconded by Councilmember Funke to table a decision on authorizing SEH to forward a letter to the Corps of Engineers, requesting that the City do the work on the Levee Wall, unt:1 the next meeting. (Ayes - 4; Nays - 1, Councilmember Bodlovick.) Request by Marcia Ki [bourne for waiver of assessment on tax forfeit property Ms. Kilbourne is interested in purchasing tax forfeit property on Deerpath, which has a deep hole in it, and building a house. She is willing to do whatever the City suggests to make it buildable a Zd also requesting the City to waive the assessments on the property in order to purchase it for its value. Staff and Council raised concerns regarding drainage, and the dangerous curve in that area. Motion by Councilmember F unke, seconded by Councilmember Bodlovick to table the request of Marcia Kilbourne for waiver of assessments on tax forfeit property on Deerpath until the November 16 meeting after t ie Consulting Engineer has reviewed the property for drainage problems. (All in favor). 4 • • Stillwater City Council Minutes Regular Meeting III November 2, 1993 • City Coordinator Kriesel stated the staff would also like to confer with Washington County regarding the value of the property. Resignation of Shirley Montbriand, Secretary and LaVonne Simon, Sr. Account Clerk City Coordinator Kriesel stated both these letters of resignation have been received and he recommended advertising for these positions. Council discussion followed regarding hiring practices and using a screening firm. Motion by Councilmember Kimble, seconded by Councilmember Cummings to accept the resignations of Secretary Shirley Montbriand and Account Clerk LaVonne Simon, with regret; to authorize an advertisement to fill the positions and use a professional screening firm to review the applications. (Ayes - 4; Nays - 1, Councilmember Bodlovick) Interview schedule for Engineering applicants Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the date of November 16 at 4:30 P.M. for interviews for the Engineering position. (All in favor). Discussion of Firefighter's position Motion by Councilmember Kimble, seconded by Councilmember Funke to proceed with the hiring process for the Firefighter position by posting the position and interviewing each candidate who took the test. (All in favor). Part-time employment of Ms. Montbriand and Ms. Simon Motion by Councilmember Funke, seconded by Councilmember Kimble to authorize the employment of Shirley Montbriand and LaVonne Simon on a part-time basis, not to exceed 14 hours per week. (All in favor). Recess Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to recess the meeting at 6:20 P.M. (All in favor.) ATTEST; CITY CLERK 5 MAYOR Stillwater City Coun :il Minutes Regular Meeting November 2, 1993 Resolutions: No. 93 -207 - Gambling License for Cat Ballou's - Climb Theatre. No. 93 -208 - Gambling License for Harbor Bar - Climb Theatre. No. 93 -209 - Contract with State on Building inspections. No. 93 -210 - Notice regarding greasetraps. • • • STILLWATER CITY COUNCIL • MINUTES RECESSED MEETING November 2, 1993 • The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Others: Jule Theiler, Art Palmer. 7:00 P.M. • APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Cummings to approve the minutes of the Special Meeting of October 12, 1993 and Regular Meeting of October 19, 1993 as presented. (All in favor). UNFINISHED BUSINESS 1. Discussion of St. Croix Animal Shelter Impounding Agreement. Mr. Kriesel explained that the Shelter will start their building program in 1994 and is asking the City for a surcharge of $55 /animal or either a direct contribution. Various groups and individuals were contacted in regard to sheltering animals for the City, but there appears to be no interest. Council and Staff discussed the ad hoc committee formed to study the issue, but they have disbanded. Mayor Hooley stated there is a veterinarian who may be interested and Council discussed tabling any action until a later meeting. Motion by Councilmember Funke, seconded by Councilmember Cummings to table action on the St. Croix Animal Shelter Impounding Agreement until the Nov. 30, 1993 meeting. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation by Camp Courage Wagon Train representatives. Joan Berg and Jeff Lind, representing the Courage Center and the Wagon Train, were 1 Stillwater City Council Minutes Recessed Meeting November ., 1993 present with a video to exp lain the purpose and function of the Wagon Train which will be passing through the City of Stillwater on Monday, June 13, 1994. They requested the use of the City streets for this purpose, will contact the Police and Fire Departments and will take precautions as needed. Motion by Councilmember Fu Ike, seconded by Councilmember Kimble to give permission for the Camp Courage Wagon Train to pass through the City of Stillwater on Monday, June 13, 1994. (All in favor). 2. Jule Theiler, Sewer Backup at 1315 So. Everett St. Mr. Theiler stated he had a sewer backup at his residence at the above address on October 25 and is not satisfied with the explanation he received from the City's insurance carrier. He wanted to be assured that all claims for damages would be paid. City Staff explained the process for claims, stated they must abide by the decision of the insurance company and the claims would be paid if that was part of the decision. UNFINISHED BUSINESS (continued) 2. Review & approval of plans & specifications for construction of West Jr. H.S. parkin lot & authorization for Staff tc advertise for bids. Mayor Hooley abstained from discussion and action on this item and Acting Mayor Funke chaired the discussion. Mr Moore briefly explained the plans for the project. He stated the Heritage Preservation Commission has reviewed the plan and approved it. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the plans & specs for construction of the West Jr. H.S. parking lot and authorizing Staff to advertise for bids. (Resolution No. 93 -217) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - 0 Abstain - Mayor Hooley 3. Request for approval of proposal for consultant services for prep aration of public facilities & fiscal impact elements o- Comprehensive Plan. Mr. Russell explained the request for consultant services for the Comprehensive Plan Update, stating this plan w 11 provide for the level of service that the City wants for future residents with tax implicati ins for future development. The cost of the consultant is within the $25,000 that wa> allocated for the plan. Discussion by Council and Staff followed. 2 • • • • Stillwater City Council Minutes Recessed Meeting November 1.64 1993 Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the contract with Camiros for public facilities and fiscal impact elements of the Comprehensive Plan. (Resolution No. 93 -211) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 4. Request for annroval to hire a part-time Planning intern to assist with Comprehensive Plan update. Mr. Russell stated that Melissa Gronseth, a college student, has been serving an internship in the Planning Dept. and he requested to hire her from Nov. 18 until the end of the year to assist with the Comprehensive Plan update at a wage of $7.00/hr. Council discussion followed on whether the City should advertise for this position. Motion by Councilmember Funke, seconded by Councilmember Kimble to deny the request for the temporary employment of Melissa Gronseth as Planning Ass't. (Ayes - 2; Nays - 3, Councilmembers Bodlovick, Cummings, and Mayor Hooley. Motion failed) Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the appropriate resolution employing Melissa Gronseth as Planning Ass't. for a period of approximately one month. (Resolution No. 93 -212) Ayes - Councilmembers Bodlovick, Cummings and Mayor Hooley. Nays - Councilmembers Funke and Kimble. 5. Approval of Consultant Contracts for Prison Reuse Study. Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the contract with Chuck Liddy, Architect, and John Manello, Economic Consultant for the Prison Reuse Study. (All in favor). NEW BUSINESS 1. Resolutions: No narking on Burlington St. & Fourth Ave. So. during Southeast Area Construction, L.I. 285. Mr. Moore explained that a "No Parking" designation needs to be established on the above two streets because they will be on the MSA system. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution establishing "No Parking" along Burlington St. as part of L.I. 285. (Resolution No. 93 -213) 3 Stillwater City Council Minutes Recessed Meeting November '6, 1993 Ayes - Councilmembers Bod[ovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution establi thing No Parking" along Fourth Ave. So. as part of L. I. 285. (Resolution No. 93 -214) Ayes - Councilmembers Bod[ovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. Request Feasibility Study for Brick Pond Drainage System. Mr. Moore presented the initial report on the Brick Pond drainage problems which does require a DNR permit to do any work on the pond. This is a wildlife area and also a portion of a watershed that is contiguous with Brick Pond. He recommended that the City have a feasibility report done to redo the ditch with the possibility of assessing. Councilmember Cummings suggested reviewing Lily Lake and McKusick Lake at the same time and Mr. Moore state 3 he would check with the DNR and State agencies in regard to these two lakes. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution directing the Consulting Engineers to do a Feasibility Study for the Brick Pond Drainage system (Resolution No. 93 -215) Ayes - Councilmembers Bod Nays - None Motion by Councilmember Cummings, seconded by Councilmember Funke to direct the Consulting Engineers to review the entire drainage system for detention areas in the City. (All in favor). 3. Application for Payment of Junior H.S. Mayor Hooley abstained Motion by Councilmember odlovick, seconded by Councilmember Kimble to approve Payment No. 2 in the amou of $35,372.99 to H.E.W., Inc. for asbestos abatement at the West Wing of the Old Jr. H.S. (Ayes - 4; Nays - 0; Abstain - 1, Mayor Hooley.) 4. Change Orders No. 3, 4 ovick, Cummings, Funke, Kimble and Mayor Hooley. o. 2, from H.E.W., Inc., for asbestos abatement at West Wing rom discussion and action on this item. 5 from H.E.W., Inc., for asbestos abatement at West Wing of 4 • • • 40 • Stillwater City Council Minutes Recessed Meeting November , 1993 Junior H.S. Mayor Hooley abstained from discussion and action on this item. Mr. Moore explained that Change Order No. 3 is for removal of asbestos within the walls that was discovered after the project was started. Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve Change Orders No. 3, 4 & 5 for H.E.W., Inc. for asbestos removal in the West Wing of the Old Jr. H.S. (Ayes - 4; Nays - 0; Abstain - 1, Mayor Hooley). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to add the claim from Jule Theiler for a sewer backup to the Consent Agenda of 11 -2 -93. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Cummings to approve the withdrawal of $10,516.30 to Springsted, Inc. from the List of Bills for 11 -2 -93. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Cummings to approve the Consent Agenda of November 2, 1993 including the above addition and deletion: • 1. Directing Payment of Bills (Resolution No. 93 -206). Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. The following Contractor's Licenses: Eagle Contracting Excavators 1139 County Road H2 White Bear Lake, Mn. 55127 Stocker Excavating, Inc. Excavators New 8247 W. 125th St. Savage, Mn. 55378 3. Submit claim from residents for sewer back -up at 817 Everett Dr. to Insurance Agent. 4. Submit claim from Betty Vesall for auto damage to Insurance Agent. 5. Request by Trinity Church for banner on Main St. 6. Request for gambling license by American Legion Post #48 at 103 So. 3rd St. 5 New Stillwater City Council Minutes Recessed Meeting November *6, 1993 7. Submit claim from Jule Tlieiler for sewer back -up to Insurance Agent. COUNCIL REQUEST ITEMS Radio interference on telephone lines Motion by Councilmember Funke, seconded by Councilmember Bodlovick to notify the radio station by letter that certain residents are experiencing interference from the station in their telephones. (All in favor). Letters of resignation Secretary Shirley Montbriand & Account Clerk LaVonne Simon. Mayor Hooley read letters from Shirley Montbriand and LaVonne Simon who are resigning from their positions after many years of service to the City. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting to Executive Session at 8:45 P.M. (All in favor.) ATTEST: Resolutions: No. 93 -206 - No. 93 -211 - No. 93 -212 - No. 93 -213 - No. 93 -214 - No. 93 -215 - No. 93 -217 - CITY CLERK MAYOR Directing Payment of Bills Contract for cor. sultant Services for Comp. Plan Update. Employ Melissa Gronseth for work on Comp. Plan. No Parking designation on Burlington St. No Parking designation on Fourth Ave. So. Order Feasibility Study for Brick Pond Drainage Study. Approving plans & specs for W. Jr. H.S. Parking Lot & Ad for Bids. 6 • • • SPECIAL MEETING Absent: Mayor Hooley STILLWATER CITY COUNCIL MINUTES November 9, 1993 The meeting was called to order by Acting Mayor Funke. Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Recording Secretary Schaubach Others: Guy Dilts, Kathy Preston, Chris Fischer Press: Mike Marsnik, Stillwater Gazette Acting Mayor Funke closed the Public Hearing. 4:30 p.m. Present: Councilmembers Bodlovick, Cummings, Funke, and Kimble PUBLIC IMPROVEMENT HEARING. MYRTLE STREET RAVINE DRAINAGE PROJECT, L.I. 284 This is the day and time for the public improvement hearing on the Myrtle Street Ravine Drainage Project, L.I. 284. Notice of the hearing was published in the Stillwater Gazette on October 22 and 29, 1993 and mailed to affected property owners. Consulting Engineer Moore reviewed the proposed project, which has an estimated cost of $245,000. He also presented a mock assessment role, based on 100 percent of the project being assessed. Guy Dilts, 516 W. Myrtle St., stated that he is being assessed $3,500 for replacement of 300 ft. of sidewalk, and asked if there is any planning so that residents are not burdened with assessments for several projects. Kathy Preston, 105 S. Harriett, questioned why the entire ravine has not been rip- rapped. Chris Fischer, 111 S. William, asked about potential problems west of Harriett St. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution ordering the improvements for the Myrtle Street Ravine Drainage Project, L.I. 284, and directing the City's consulting engineer to prepare plans and specifications. (Resolution No. 93 -220) Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Funke. Nays - None Stillwater City Council Minutes Special Meeting November 9, 1993 APPLICATIONS FOR C =TY ENGINEER Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to add applicant Scott Erickson to the interview list for the City Engineer position, and to direct the City Coordinator to also add Bruce Loney if there is an articulable reason. (All in favor) Council discussed the City's organizational chart, and possible reorganization. LEVY WALL PROJECT Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to approve a letter to the Army Corps of Engineers recommending that the City's consulting engineers design and prepare the final plans and specifications for the emergency river wall and abutment construction. (All in favor) REQUEST TO HANG BANNER DOWNTOWN Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to approve a request to hang a banner downtown to advertise National Education Week. (All in favor) SESQUICENTENNIAL PLAQUE Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct the City Coordinator to solicit staff input on the appropriate Location for the Stillwater Sesquicentennial plaque. (All in favor) REQUEST FOR TELEPH9NE HEADSET Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the purchase of a telephone headset at an approximate cost of $400. (All in favor) ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Kimble to adjourn the meeting at 8:20 p.m. (All in favor) ATTEST: CITY CLERK MAYOR • • • • Stillwater City Council Minutes Special Meeting November 9, 1993 Resolutions: No. 93 -220 - Ordering Myrtle St. Ravine Drainage Project, L.I.284 Submitted by: Shelly Schaubach Recording Secretary STILLWATER CITY COUNCIL MINUTES • REGULAR MEETING November 16, 1993 • The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Finance Director Deblon Public Works Director Junker Fire Chief Seim City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Presentation of nlaaue to Stillwater Elks Club. This item was continued until the next regular meeting. 7:00 P.M. • Others: Ed Cain, Marcia Kilbourne, Ron Langness, Brian Longseth, Arnold Jirik, Mark Oftedahl. 2. Request to save & restore two arches from the West Wing of Jr. H.S. Ms. Patricia Hansen, 510 Quarry Lane, representing the Rivertown Restoration Committee, was present to request Council support in restoring the two arches from the West Wing of the Jr. High School, which is being demolished. They are willing to donate $500 of committee funds toward this purpose. Council stated one of the arches has been sold, but the other one will be disassembled and stored in the Public Works garage to be used elsewhere in the City at a later date. 3. Arnold Jirik - Discussion of concerns regarding City Arnold Jirik, 1940 So. Greeley St., was present to state concerns and a request to have a state audit of City books, concerns regarding the award of a contract to Camiros to assist in the Comp. Plan update, require all elected officials and department heads to submit a financial disclosure form, to meet the requirements of the American Disability Act, and the allocation of budgeted items to other parts of the City as well as the downtown. Council 1 Stillwater City Council Minutes Regular Meeting November 16, 1993 answered Mr. Jirik's concerns, but no action was taken. 4. Ed Cain, Discussion of no ;sible funding for the S.E. Sanitary Sewer Project Ed Cain, Legislative Associates, Inc., was present to report on the possibility of obtaining funding for the S.E. Sanitary Sewer Project, L.I. 285. Mr. Cain stated it would be difficult to obtain funding for the whole project, and suggested it be divided into two sections and combined with a similar p -oject on the north hill. Ms. Deblon stated that the City previously financed half o.' the project with a bond issue and discussion of this followed. Mr. Cain said that combining the two projects would improve the ratio of low and moderate income families which would facilitate possible funding. The cost to employ Mr. Cain in this project wis also discussed. Mr. Moore stated the steps taken to date. To pursue special funding wo zld significantly change the action and timetable for the project. Mr. Moore also explained that the City recently took bids for the project, L.I. 285 and explained the City cannot award that bid tonight because MSA standards for "targeted group business" must be met which will take more time. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution ordering preparation of a Feasibility Study for the North End Project. (Resolution No. 93 -219) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke directing Ed Cain and Finance Director Deblon to thvelop a report regarding funding for the S.E. Area Project and Mr. Cain's cost for services with a report to Council at the next meeting. (All in favor). Brian Longseth, 518 E. Burlington, requested that Council listen to the residents because of the high cost of this project and that they would like to receive funding to help with the project. Mike Bealka, 1204 Third .Ave. So., requested information on the amount of the bids received and Mr. Moore answered. He also stated people still have a concern regarding the assessment and a fair number of people may appeal the assessment. Mark Oftedahl, 1024 Fifth Ave. so., stated he purchased his home for $72,000 one & one - half years ago, has made some improvements and will never receive the amount he has put into the house if this projc ct goes through and he is assessed. 2 • Stillwater City Council Minutes Regular Meeting • November 16, 1993 • Mr. Bealka stated several years ago he put in a new septic system on the advice of the Public Works Director and wanted to know why the people having trouble with the system can't do the same. Mr. Moore explained that the septic systems have been moved so many times they are running out of room to place them. Council recessed and reconvened at 9:00 P.M. 5. Recommendations for $1.055.000 Refunding. Bonds (Oak Glen Improvements). Ron Langness, Springsted, Inc., explained the background of this project and Council discussion followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adopt the appropriate resolution authorizing issuance & sale of $1,055,000 G.O. Improvement Refunding Bonds for the Oak Glen Project. (Resolution No. 93 -218) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None STAFF REPORTS 1. Consultina Engineer - McKusick Road Project Mr. Moore stated he has written a letter to the Washington Co. Public Works Dept. explaining Council concerns that this project be completed before the snow flies. Everett Street Lift Station Mr. Moore explained they have reviewed the maintenance records for the Lift Station and found the City has maintained it properly. 2. Public Works Director - Clean-up on Hiahwav 95 So. Mr. Junker reported that the "Sentence to Serve" people have been cutting brush and the clean -up is on schedule. UNFINISHED BUSINESS 1. Possible second reading of ordinance amending. Ordinance No. 755 relating to areasetraps. Motion by Councilmember Kimble, seconded by Councilmember Funke to have a second reading and enactment of an ordinance amending the City Code in respect to inspections of properties to determine the separation of sanitary & storm sewer connections and greasetrap installation and to provide enforcement of same. (Ordinance No. 781) 3 Stillwater City Council Minutes Regular Meeting November 16, 1993 Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. Continuation of Marcia Ki: bourne's request for waiver of assessments on Deern ath property. Mr. Moore explained and that he and the Public Works Director met with Ms. Kilbourne at the site to discuss development of the vacant lot. Sewer and water service are provided, but drainage appears to be a problem since there are several depressions on the property and steep banks with a lot of run -off toward No. 266 and No. 260 Deer Path Ct. Several recommendations were ma 3e which could be expensive for the property owners. Marcia Kilbourne was pre ent and stated that the homeowner already has water standing on his property which is n t caused by this lot condition. She would like to build and contribute to the tax base f the City. She suggested the "moat" system Motion by Councilmember Ft.nke to deny a building permit to Marcia Kilbourne for the property located at the corner of Olive St. and Deerpath and approve an elevation study of the lot by the Consulting Engineers. The motion died for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember Funke to deny the request of Marcia Kilbourne for waiver of assessments on the lot located on the corner of Olive St. and Deerpath. (All in favor). City Attorney Magnuson sated if this person bought the property at an auction, and she paid all assessments, she ca)uld get a building permit. He advised that possibly the City should acquire the property and declare it open space. Council also discussed ways to control the drainage on thi ; lot if a building permit is taken out. Another issue discussed was the public safety of the lot at this particular corner of Olive St. Ms. Kilbourne asked if the taxes could be spread over ten years and Mr. Kriesel stated that the lot would have to be reassessed with the time for payments discretionary on Council's part. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to do nothing regarding the above mentioned property and let the system run its course. Ayes - 2; Nays - 3, Councilmembers Kimble, Funke and Mayor Hooley; Motion failed. Council stated they would be inclined to spread the assessment over five years instead of the ten years requested. NEW BUSINESS 1. Application for Payment No. 1 to J & D Enterprises for demolition of West Wing. 4 • • • Stillwater City Council Minutes Regular Meeting November 16, 1993 • Stillwater Jr. H.S. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve Application for Payment No. 1 to J & D Enterprises in the amount of $47,520.00 for demolition of the West Wing of Stillwater Jr. H.S. (Ayes - 4; Nays - 0; Abstain - 1, Mayor Hooley). 2. Discussion of bids for Southeast Improvement Project. L.I. 285. This item was discussed earlier by Mr. Moore under Mr. Cain's report. 3. Chance Order No. 3 for Highlands 4th Add.. L.I. 293. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve Change Order No. 3 in the amount of $1,116.36 for Highlands 4th Add., L.I. 293. (All in favor). 4. Application for Payment No. 5. Highlands 4th Add.. L.I. 293. Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve Application for Payment No. 5, in the amount of $13,682.11, to Volk Sewer & Water for Highlands 4th Add. (All in favor). 5. Final plat approval of Highlands 5th Add.. Ground Development, SUB /93 -60. Community Development Director Russell stated this plat includes 45 lots with one remaining addition to be completed. The developer has applied for a grading permit for the remainder of the site, it is consistent with the Preliminary Plat, and the conditions of approval were discussed. Extensive discussion followed on who oversees that the grading plans are followed and included a possible moratorium on the 5th Addition until the drainage and elevations are corrected on previous plats. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick directing staff to present a plan for inspection of grading before building permits are issued to allay drainage problems. (All in favor). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Final Plat for Highlands of Stillwater, 5th Add. as conditioned. (Ayes - 2; Nays - 3, Councilmembers Cummings, Funke and Mayor Hooley; Motion failed). Motion by Councilmember Funke, seconded by Councilmember Cummings to continue the request for Final Plat for Highlands of Stillwater, 5th Add. until the next meeting. (All in favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the 5 Stillwater City Council Minutes Regular Meeting November 16, 1993 Consent Agenda of Novembet 16, 1993, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 93 -216) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. The following Licenses: Contractor's Licenses Horak, Inc. Moving & Wrecking 226 Third Ave. So. Buildings Bayport, Mn. 55003 Metro Utilities, Inc. Excavators Renewal 3025 Harbor Ln. #221 Plymouth, Mn. 55447 1994 Off Sale Beer Licenses Food -n -Fuel Renewal 1101 North Owens Street Brook's Superette Renewal 2289 Croixwood Blvd Tom Thumb Store Renewal 2601 Orleans Street 1994 On Sale Beer Licenses Country Kitchen Renewal 2082 South Greeley Street The Brunswick Inn Renewal Duane and Martha Hubbs 114 East Chestnut Street 1994 Wine Licenses Ann Bean House Bed and Breakfast Bruce and Victoria Brillhart 319 West Pine Street The Elephant Walk Rita Joe Graybill 801 West Pine Street Charles Dougherty 6 Renewal Renewal Renewal /Transfer Renewal • Stillwater City Council Minutes Regular Meeting . November 16, 1993 • The Rivertown Inn 306 West Olive Street Country Kitchen Renewal 2082 South Greeley Street The Brunswick Inn Duane and Martha Hubbs 114 East Chestnut Street William Sauntry Mansion Duane and Martha Hubbs 626 North Fourth Street 1994 Club Licenses American Legion Post Renewal 103 South Third Street Stillwater Country Club Renewal 1421 North Fourth Street Stillwater Elk's Lodge #179 Renewal 279 East Myrtle Street Stillwater Knights of Columbus Renewal 1910 South Greeley Street 1994 Off Sale Liquor Licenses Kinsel's Inc Renewal 119 East Chestnut Street Vittorio' s 402 South Main Street P.O. Box 437 R & R Liquor Renewal 1971 South Greeley Street Vittorio's 402 South Main Street P.O. Box 437 1994 On Sale and Sunday Liquor Licenses 7 Renewal Renewal Renewal Renewal Stillwater City Council Minutes Regular Meeting November 16, 1993 Mad Capper Saloon Renewal 224 South Main Street Stillwater River Inn Renewal dba Pappy's on the River P.O. Box 463 Dock Cafe Renewal 225 East Nelson 1994 Cigarette Licenses Nelson's Dairy Renewal 902 W Olive Street Tom Thumb Renewal 2501 West Orleans Street Vittorio's Renewal 402 South Main Street P.O. Box 437 Fina Renewal 1750 South Greeley Fina Renewal 103 North Main CUB Foods Renewal 2001 Washington Ave North Mad Capper Saloon Renewal 224 South Main Street Erickson Post Renewal 2500 West Orleans Stillwater River Inn Renewal dba Pappy's on the River 422 East Mulberry Street Hooley's Renewal 8 • Stillwater City Council Minutes Regular Meeting November 16, 1993 • 405 East Myrtle Street COUNCIL REQUEST ITEMS 1. Meeting with Oak Park Heights Mayor Hooley reported that the City of Oak Park Heights Council has requested to meet with the Stillwater City Council. Council scheduled a Special Meeting with Oak Park Heights for Dec. 6, 1993, 7:00 P.M. in the Stillwater City Hall Council Chambers. STAFF REPORTS (continued) City Coordinator Resignation of City Clerk Johnson City Coordinator Kriesel reported that Ms. Johnson will be retiring at the end of January and requested to follow through with advertising for the City Clerk position. Council concurred. Efficiency Study Mr. Kriesel initiated discussion of this item. Council scheduled a Workshop Meeting on the Efficiency Study in the City Hall Council Chambers for 4:30 P.M., Nov. 30, 1993. Community Development Director Plans & Specs, Award of Bid for West Jr. H.S. Parking Lot Mr. Russell requested to place this item on the agenda for November 30 and Council concurred. Mayor Hooley abstained. City Clerk Commission & Committee Appointments for 1994 Ms. Johnson asked for Council direction for the above item. Motion by Mayor Hooley, seconded by Councilmember Kimble directing the City Attorney to draft a policy for appointments to Committees & Commissions by Wards. (Ayes - 4; Nays - 1, Councilmember Bodlovick). Designation of Legal Newspaper for 1994 Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution designating the Stillwater Gazette as the legal newspaper for the City of Stillwater for 1994. (Resolution No. 93 -221) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 9 Stillwater City Council Minutes Regular Meeting November 16, 1993 Council Request Items (continued) Team Building Workshops Councilmember Kimble initiated discussion of this item and Council suggested this may be an item for 1994. Petition for L.I. 285, S.E. Sanitary Sewer Project Council accepted the petition presented to seek further funding for this project. Letter from Duane Hubbs, Stillwater Revenue Committee Mayor Hooley initiated di: cussion of the request for appointment of a liaison from the City Council to replace Mayor Rooley, who resigned. Motion by Councilmember K mble, seconded by Councilmember Cummings directing Staff to reply to a letter from Duane Hubbs regarding the City Liaison Subcommittee of the Stillwater Revenue Committee. (All in favor.) ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Kimble to adjourn the meeting at 11:00 P.M. (All i.1 favor). ATTEST: Resolutions: No. 93 -216 No. 93 -218 No. 93 -219 No. 93 -221 CITY CLERK Directing Payment of Bills. Oak Glen Refunding Bonds. Ordering Feasibility Study for No. End Project. Designating Gazette as Legal Newspaper for 1994. 10 MAYOR • • • Ms. Marylou Johnson City of Stillwater 216 N. 4th St Stillwater, MN 55082 Dear Ms. Johnson: Minnesota Wing -Civil Air Patrol United States Air Force Auxiliary St. Paul, MN November 15, 1993 Thank you for providing this opportunity to share with your city the excitement Minnesota's Civil Air Patrol cadets are experiencing as they train for their first National Cadet Competition in 19 years. Please allow me to acquaint you with Civil Air Patrol. C.A.P. is the volunteer, civilian auxiliary of the United States Air Force, and was formed December 1, 1941. Its members share a common interest in serving their communities with skills in aerospace education, emergency services, and youth development. The youth development, or cadet program, encourages teenagers to become familiar with the benefits of aerospace in our world today. Cadets are also taught Air Force style leadership and apply their knowledge in their squadrons and personal lives. One of the national activities each cadet strives to reach is the National Cadet Competition. Team members must become proficient in athletic events, drill performance, and knowledge of current events and aerospace related topics. Each team member is committed to over 250 hours of training for this year's competition, being held at Maxwell Air Force Base, Alabama, December 28 -29, 1993. Three residents of your city will be representing Minnesota at the National Cadet Competition. Jonathan Conder and Nichole Zick are both juniors at Stillwater High School. Nathan Griffin is a freshman at Mahtomedi High School. Thank you for recognizing their efforts at your city council meeting on December 7. Please feel free to contact me with any questions you might have. Sincerely, 2LT Sherrin Vanstrom 16200 Glen Oaks Road • Lakeville, MN 55044 • c � v � TO J! ct P � v T • • THE HONORABLE MEMBERS OF STILLWATER CITY COUNCIL. I would be very grateful for your help concerning a 3% sales tax on downtown STILLWATER business. The downtown business is just starting to come back, and I feel that any sales tax increase would penalize the downtown residents, downtown business, and the visitors that do come to spend money in downtown STILLWATER. My own business this summer did no sales to visitors, so I feel that a sales tax would certainly penalize my business. I don't think it would take long for my customers to realize that they could save • money by not shopping downtown STILLWATER. I realize that during the periods when downtown has a high percentage of visitors it cost the city more to provide services for this area. The whole ST. CROIX VALLEY benefits from visitors. Downtown STILLWATER business is just coming back, and I would like to see the city of STILLWATER encourage this trend, and allow this asset to the ST. CROIX VALLEY (DOWNTOWN STILLWATER BUSINESS DISTRICT) to keep their prices to the consumers competitive with the surrounding business districts. Then in a couple of years (3 -6), the city council can revaluate the city needs for this. I have scheduled an apperance before the city council on 12,7,93, to provide more information on this subject. If there is a better time please let me know and I can make the appropriate arrangements. Do well. • BEST,REGARDS, RICHARD PIERRE RICH'S HEALTH SHOP 217 N. 2nd. St Stillwater, MN 55082 (612) 430 -9552 (800) 484 - 4207 -6066 FAX -(612) 439 -1061 • • • Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the proposed Budget for the General Fund is hereby adopted for the year 1994 with revenues and expenditures in the amount of $5,183,993. Adopted by the City Council this 7th day of December 1993. Attest: city clerk RESOLUTION 93- ADOPTING THE FINAL BUDGET FOR THE YEAR 1994 Mayor • • • RESOLUTION 93- ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1994 Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the sum of $2,769,450 be, and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1994. Adopted by the City Council this 7th day of December 1993. Attest: city clerk Mayor • • Illwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND COUNCIL FROM: CITY COORDINATOR DATE: NOVEMBER 30, 1993 SUBJECT: DRAINAGE PROBLEM IN HIGHLANDS DEVELOPMENT Pursuant to Council direction given at the meeting of November 16, 1993, I have reviewed the policies and procedures pertaining to grading and drainage for residential lots. This issue surfaced during the discussion of the Highlands Fifth Addition plat approval on the 16th wherein it was stated a drainage problem existed on some lots in the Highlands Second Addition. Plat approval was continued to the meeting of December 7,1993 in order to determine the cause of the problem and in order to prevent similar problems in the Highlands Fifth Addition. My review of this matter which involved discussion with Steve Russell, Allen Zepper, Choc Junker and Dick Moore, indicates the problem was not the result of any action (or lack of action) on the part of the developer. In other words, the developer appears to have complied with the conditions of approval related to the subdivision - including submittal of a grading /drainage plan which was reviewed and approved by the City. Therefore, the problem appears to be related to the actual development of the lot (i.e. building and landscaping) and this would be the responsibility of the contractor and property owner. Some questions have been raised regarding the City's responsibilities and whether or not steps could be taken to avoid drainage related problems that develop because the final property grades (i.e. after the building is constructed and after the yard has been landscaped) do not conform to the approved grading and drainage plan. First of all, there have been relatively few drainage related problems over the past few years, especially in relation to the amount of residential construction activity. I think we have had 400 - 500 lots developed over the past ten years and I can only recall 3 -4 problems associated with the grading /drainage of the lots. Further, the problems as mentioned above, appeared to be the result of improper grading (i.e. final grading) of the yard rather than of the approved grade established for the subdivision. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 1 Second, it would appear that a review of every lot by an engineer (or similarly qualified person) would be necessary in order to prevent any problems from developing, I believe this is impractical and would require a considerable amount of engineering time and cost. Therefore, I believe we need to continue to rely on the Building Inspection Department (i.e. the building permit process) to help "discover" any potential problems related to the development of the lot. However, we cannot expect the Building Inspector to be totally responsible for every deviation from the approved grades - only the obvious changes that can be determined by "eyeballing" the lot being developed - because the Building Inspector has neither the expertise nor the equipment (eg. surveying equipment) to know if the final grade complies with the approved grade. This problem is very similar to a problem we had in Oak Glen where a part of a house was constructed on an adjacent lot. This happened because one of the surveyors stakes marking the lot lines was moved ten to fifteen feet prior to the construction of the house and the problem was not discovered until after the house was substantially complete. The Building Inspector took some heat (unfairly) for "allowing' this to happen. Although the Building Inspector should be responsible for checking the placement of the house in relation to the survey stakes (i.e. lot boundaries), the building owner and /or contractor must be held responsible for the placement of the stakes (assuming the developer has properly placed the stakes in the first place). One method that can be used, and one that is presently being used for most of the construction in the fighlands development to minimize the . potential for grading (drainage problems), is the requirement that the builder submit a Surveyor's Certificate prior to the issuance of a building permit. The attached Exhibit "A" is an example of the Surveyor's Certificate referred to. The certificate establishes approved elevations at various locations on the lot and the elevations are established based on the grading /drainage plan submitted by the developer and approved by the City (Engineer). Compliance with the elevations shown on the certificate should result in proper drainage for the development. The City does not presently require the submittal of a Surveyor's Certificate (the cost to the homeowner is about $500). It should be pointed out that in addition to the street and utility grading plan (see Exhibit "B ") the developer also supplies a plat map (see Exhibit " C " ) showing topographical information and which also indicates the direction of water drainage on the lot. This can be very useful in assuring proper drainage. However, it does not contain the specific elevations the Surveyor's Certificate does and therefore it does not do as much to prevent potential problems from occurring. In view of this, it would be my recommendation the City require the submittal of a Surveyor's Certificate and further that the contractor certify that the lot conforms with the elevations after the construction and prior to issuance of a Certificate of Occupancy. • • • • 953, 2. Proposed Top of Block c;52-.1 Proposed Garage Floor c 4 ) Proposed Lowest Floor Type of Building - u 1 1 •1 • t ` 10 H w W 1 3 3 y 0 , c -k 6 X/I'SIT. . HY -LAND SURVEYING INVOICE NO. 1298 F. B. NO SCALE t" = 20' o Denotes Iron Monument o Denotes Wood Hub Set 7845 Brooklyn Blvd. Brooklyn Park, Minnesota 55445 For Excavation Only x000.0 Denotes Existing Elevation tbrl p . � h Onniegoni Qietftflntbe The only easements shown we from plats of record or information provided by client • 1 hereby certify that this survey was prepared by me or urger my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. swayed by 26th d o f August ig 92 LAND SURVEYORS 560 -1984 SWIFT CONSTRUCTION AV O Denotes Proposed Elevation -4111—.. Denotes Surface Drainage Lot 11. Block 1. THE HIGHLANDS OF STILLWATER 2ND ADDITION Milton E. Hyland, Min .''et} No. 20262 R /SE X4.2 $3:7 R /s! OT ( 1 2- I775 J (9)1-1 0 c2: 1 38 l o5 52 yo N ' • • • MEMORANDUM TO: MAYOR AND CITY COUNCIL i RECOMMENDATION: Approval. • CONDITIONS OF APPROVAL: , j iw ter THE BIRTHPLACE OF MINNESOTA ATTACHMENT: - Plan - SEH letter dated November 1, 1993. a - 16 i adz FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOf DATE: NOVEMBER 12, 1993 SUBJECT: FINAL PLAT APPROVAL FOR HIGHLANDS OF STILLWATER FIFTH ADDITION. The request is for final plat approval for the 45 lot Highlands Fifth Addition. Grading for the 5th and final 6th Addition will be completed as of 5th Addition Subdivision improvements. The final plat is consistent with the preliminary plat. The subdivision and public improvement plans have been reviewed by the City Engineer. Comments from the City Engineer are attached and made a condition of final plat approval. 1. An addendum to the Development Agreement shall be executed for the 5th Addition before the final plat recording. 2. All comments from the City Engineer shall be addressed in the final plat. 3. No grading along Lily Lake or in the fill area to the east, shall be done before Community Development Director approval. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439-6121 November 1, 1993 Mr. Steve Russell Community Development Dir€ ctor City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Steve: SHORT ELLIOTT HENDRICKSON INC. 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST PAUL. MN 55110 612 490 -2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION As requested, we have reviewed the Final Plat for Highlands of Stillwater, Fifth Addition and the Grading and Erosion Control Plan for Highlands Fifth and Sixth Additions. The final plat for Highlands Fifth Addition consists of 45 lots. This varies from original development plans due to the addition of 15 lots from the future Sixth Addition. These 15 lots appear to have been included in the Fifth Addition to allow for the construction of the storm sewer improvements on Surrey Lane. Four areas within the plat require larger side and backyard easements due to utility construction. Three of the areas: (1) between lots 16 and 17 of Block 2 (sanitary sewer); (Z) along the back lot lines of Lots 2, 3, 14,15 and 16 of Block 3 (storm sewer) and (3) between Lots 4 and 5 of Block 4 (storm sewer) are shown. The grading and drain plan includes storm sewer construction along the back lots of Lots 3 and 4, Block 4, which will require 10 foot utility easements. The plat indicates 6' easements. The Grading and Erosion Co:Atrol Plan are generally consistent with the overall Development Grading Plan previously reviewed. Minor revisions in the location of high or low points and building elevations have been made. The plan shows the location of erosion control (silt) fences. MINNEAPOL -IS. MN ST CLOUD. MN RE: Stillwater, Minnesota Planning Case Review Highlands of Stillwater, 5th Addition Grading and Plat Review • SUB/93-60 & GP/93-2 SEH FILE NO. A- STILL2280.00 CHIPPEWA FALLS, WI MADISON. WI • • • • MEMORANDUM TO: Mayor and City Council FR: Ann Pung- Terwedo DA: December 3, 1993 RE: FIRST READING OF SHORELAND ORDINANCE Background As directed by the City Council, the Planning Commission reviewed the section on vegetative cutting (page 11). Changes have been made which make vegetative cutting not quite so restrictive. Recommendation First of Shoreland Ordinance. • • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31.01 OF THE STILLWATER CITY CODE BY ADDING SUBDIVISION 33, SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Stillwater does ordain: Section I. Amending. Section 31.01, Subd. 33 of the Stillwater City Code is added and shall hereafter read as follows: "Subdivision 1. INTENT AND PURPOSE. The city finds that the protection of lakes, streams and water courses within its boundaries is critical for the health, safety, order and general welfare of its citizens and to preserve and enhance the quality of surface water and preserve the economic and natural environmental values of shoreland. It is the intent of the city to preserve shoreland areas for the purpose of: 1. Regulating the areas of a lot and the length of water frontage suitable for building sites. 2. Regulating the alteration of shorelands of public waters. 3. Regulating alterations of the natural vegetation and the natural topography along shorelands. 4. Conversing and developing natural resources and maintaining a high • environmental quality. Subd. 2. GENERAL PROVISIONS AND DEFINITIONS. 1. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 2. Enforcement. The Community Development Director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. 3. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. 5. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsiktent with this ordinance are hereby repealed to the extent of the inconsistency only. 6. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable applica = ion. For the purpose of this ordinance, the words "must" and "shall" Ore mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 7. Accessory structur or facility. Accessory structure or facility means any building or im rovement subordinate to a principal use which, because of the nature of i s use, can reasonably be located at or greater than normal structure setbacks. 8. Bluff. Bluff means topographic feature shall as a hill, cliff or embankment having the following characteristics (an area with an average slope of greater than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): a. Part of or all of the feature is located in the shoreland area. b. The slope ri es at least 25 feet above the ordinary high water level • of the water ody. c. The grade of the slope from the toe of the bluff to a point 25 feet or more abov the ordinary high water level averages 30 percent or greater. d. The slope mint drain toward the waterbody. 9. Bluff Impact Zone. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. 10. Boathouse. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. 11. Building Line. Building line means a line parallel to a lot line or the ordinary high - water level at the required setback beyond which a structure may not extend. 12. Commercial Planned Unit Development. Commercial planned unit developments are typically uses :hat provide transient, short -term lodging spaces, rooms or parcels and their operations are essentially service- oriented. For example, hotel /motel accommodations, resorts, recreational vehicle and camping parks and other primarily service - oriented activities are commercial planned unit developments. 2 • • . 13. Commercial Use. Commercial use means the principal use of land or buildings for the sale, lease, rental or trade or products, goods and services. • 14. Commissioner. Commissioner of the Department of Natural Resources. 15. Conditional Use. Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detained in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the exiting neighborhood. 16. Deck. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 17. Duplex, Triplex and Quad. Duplex, triplex and quad means a dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. 18. Dwelling Site. Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 19. Dwelling Unit. Dwelling unit means any structure or portion of a structure or other shelter designed as short- or long -term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel and resort rooms and cabins. 20. Extractive Use. Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock industrial minerals, other nonmetallic minerals and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. 21. Forest Land Conversion. Forest land conversion means the clear cutting of forested lands to prepare for anew land use other than reestablished of a subsequent forest stand. 22. Guest Cottage. Guest cottage means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. 23. Hardship. Circumstances unique to an individual property which would deny the property owner a reasonable use of the land. 24. Height of Building. Height of building means the vertical distance between the highest adjoining ground level at that building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 25. Industrial Use. Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage or transfer or goods, products, commodities or other wholesale items. 26. Intensive vegetation clearing. Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row or block. 27. Lot. Lot means a :Parcel of land designated by plat, metes and bounds, registered land survey, auditors plot or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease or separation. 28. Lot Width. Lot width means the shortest distance between lot lines measured at the midpoint of the building line. 29. Nonconformity. Non :onformity means any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls o2 amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 30. Ordinary High Water Level. Ordinary high water level means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. 31. Planned Unit Development. Planned unit development means a type of development characterized by a unified site design fora number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time -share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses. 32. Public Waters. Public waters means any waters as defined in Minnesota Statutes, Section 105.37, Subds. 14 and 15. 33. Residential Planned Unit Developemnt. Residential Planned Unit Development means a use where The nature of residency is nontransient and the major 4 • • • • • or primary focus of the development is not service- oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit developemnt, a development must contain at least five dwelling units or sites. 34. Semipublic Use. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 35. Sensitive Resource Management. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 36. Setback. Setback means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility. 37. Sewage Treatment System. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 38. Sewer System. Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 39. Shore Impact Zone. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 40. Shoreland. Shoreland means land located within the following distances from public waters: 100 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 41. Significant Historic Site. Significant historic site means any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Places or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state 5 archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 42. Steep Slope. Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports,unless apprDpriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 43. Structure. Structure means any building or appurtenance, including decks, except aerial or t.nderground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities. 44. Subdivision. Subdivision means land that is divided for the purpose of sale, rent or lease, including planned unit developments. 45. Surface Water- oriented Commercial Use. Surface water- oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use. 46. Toe of the Bluff. Toe of the bluff means the lower point of a 50 -foot segment with an average slope exceeding 18 percent. 47. Top of the Bluff. Top of the bluff means the higher point of a 50 -foot segment with an average slope exceeding 18 percent. 48. Variance. Variance means the same as that term is defined or described in the Zoning Ordinance. 49. Water - oriented Accessory Structure or Facility. Water - oriented accessory structure or facility means a small, above ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the reLationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump house and detached decks. 50. Wetland. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 30 (1971 Edition). Subd. 3. ADMINISTRATION. 6 • 1. Permits Required. A permit is required for the construction of buildings • or building additions (and including such related activities as construction of decks and signs) alteration of sewage treatment systems and grading and fill activities. The application shall include the necessary information so that the Community Development Director can determine the sites suitability for the intended use. • 2. Notification to the Department of Natural Resources. Copies of all notices of any public hearing to consider variances, amendments or conditional uses for those lakes which are classified with the criteria found in Minnestoa Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days before the hearing. Notice of the hearing to consider proposed subdivisions /plats must include copies of the subdivision /plat. 3. Variances. Variances may only be granted in accordance with this ordinance. A variance may not circumvent the general purposes and intent of this ordinance. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the pubic interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year - round and the characteristics of development on adjacent property. The Planning Commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 2 shall also include the Commission's summary of the public record /testimony and the findings of facts and conclusions which supported the issuance of the variance. 4. Reconstruction of Nonconforming Sewage Treatment Systems. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in Subd. 8 shall be reconstructed or replaced in accordance with the provisions of the Uniform Building Code. 5. Certificate of Zoning Compliance. The Community Development Director shall issue a certificate of compliance for each activity requiring a permit as specified in Subd. 9 (1) of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized permit shall be deemed a violation of this ordinance and shall be punishable as provided in Subd. 4 of this ordinance. Subd. 4. SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS. The public waters of the City of Stillwater have been classified consistent with the criteria found in Minnesota Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota. 1. Lakes and Streams. a. Natural Environment. Long Lake I (2) . b. General Development. Lily Lake Lake McKusick c. Streams and Livers. Brown's Creek and its tributaries. 2. Land Use Districts ::or Lakes. All lands within shoreland areas in the City of Stillwater shall be designated as a Residential Use District. The following uses are permitted: a. Permitted Uses. 1. Single Family Residential. 2. Parks and Historic Sites. 3. Agricu_tural cropland and pasture. b. Uses permitted with a Special Use Permit. 1. Cluster residential development with the density not to exceed the development regulations of the zoning district. 3. Land Use Districts for Rivers. a. Permitted Us b. Uses permitt 1. Single Family Residential 2. Parks and Historic Sites. .s. Al with a Special Use Permit. 1. Cluster residential development with the density not to exceed the de7elopment regulations of that zoning district. Subd. 5. ZONING AND WA SUPPLY /SANITARY PROVISIONS. 1. Lot Area and Width Standards. The lot area and lot width standards for single family residential lots created after the date of enactment of this ordinance for any lake and river /stream classification are the following: a. Unsewered lakes Natural Environment 8 Area Width 2.5 acres 200' • • • Recreational Development • General Development b. Sewered Lakes Natural Environment Recreational Development General Development 2.5 acres 2.5 acres 20,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. 200' 200' 200' 100' 75' Subd. 6. PLACEMENT OF STRUCTURES ON LOTS. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. 1. Structure and on -site sewage system setbacks from the ordinary high water mark. Classes of Public Waters Rivers Tributaries Sewage Structures Treatment Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 100 General Development 75 50 75 150 150 150 100 50 100 • 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet) Top of bluff Unplatted cemetery Right -of -way line of federal, state or county highways Right -of -way line of town road public street or other roads or streets not classified Subd. 7. DESIGN CRITERIA FOR STRUCTURES. 30 50 50 30 1. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be determined as follows: a. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above the ordinary high water level, whichever is higher. b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not availablei, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation t determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with the Washington County FloodOlain Management Ordinance. If more than one approach is used, the highest flood protection elevation determined must be used for pla ing structures and other facilities. 2. Stairways, Lifts aid Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: a. Stairways an3 lifts must not exceed four (4) feet in width on residential lots; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; c. Canopies or roofs are not allowed on stairways, lifts or landings; d. Stairways, lffts and landings may be either constructed above the ground on pots or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. e. Stairways, 1_fts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (a) to (e) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 3. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 4. Steep Slopes. The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. 10 • • 5. Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height. • 6. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat. 7. Vegetation Alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow: b. Removal or trimming of vegetation is allowed subject to the following standards: 1. Selective trimming of natural vegetation shall be allowed, provided sufficient vegetative cover remains to substantionally screen cars, dwellings and other structures and to comply with the standards established on adjacent uses and the area is not exposed to soil erosion. 2. No cutting or removal of trees over six inches in diameter measured at a point two feet above ground level within the required building setback shall be permitted unless the trees are dead or diseased. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface run -off and soil erosion. 4. The provisions of this section shall not apply to allowed uses which normally require the removal of natural vegetation or to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards. 5. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will only be allowed after the Department of Natural Resources has approved the proposed connection to public waters. 8. Placement and Design of Roads, Driveways and Parking Areas. a. Public and private roads and parking areas must be designated to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas 11 are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. b. All new roads, driveways and parking areas must meet water body structure setbacks and must not be placed within bluff and shore impact zones. c. Public and private watercraft access ramps, approach roads and access - related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met and a certificate of compliance is issued by the Community Development Director. 9. Specific Standards. a. Impervious st.rface coverage of lots must not exceed 25 percent of the lot area. b. When constructed facilities are used for stormwater management, documentatior., must be provided by a registered engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. c. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Standards for Public Uses. a. Surface water - oriented public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water - oriented needs must meet the following standards: 1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. 2. Uses that require short -term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. 3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying 12 • • • 11. Agricultural Use Standards. information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. A sign permit must be obtained from the Community Development Director. c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 12. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment - Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota ". 13. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in the Stillwater Zoning Ordinance. The following additional evaluation criteria and conditions apply within shoreland areas. a. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soil conditions on the site must be made to ensure: 13 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. 2. The visibility of structures and other facilities as viewed from public waters is limited. 3. The site is adequate for water supply and on -site sewage treatment. 4. The typ ?s, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Subd. 8. NONCONFORMING USES /SUBSTANDARD STRUCTURES. 1. Legally Established Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of the City of Stillwater for the subjects of alterations and additions, repair after damages, discontinuance of use, and intensification of use; except than the following standards will also apply in shoreland areas. a. A lot or par parcel in the of Titles, or or agricultural district may be used for single family detached dwelling purposes, without a variance, provided the area and width thereof are w 4 of this or ordinance can either two installed to served by san b. If, in a grfiup of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subd. 4 of this ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must they equal c requirements c. Restoration Structures. which is dam other calami building, sti partial dest] restoration prosecuted t el of land which was of record as a separate lot or office of the Washington County Recorder or Registrar or before January 1, 1973 which is in a residential ith in 60 percent of the minimum requirements of Subd. dinance, provided all setbacks requirements of this be maintained and provided it can be demonstrated that afe and adequate sewage treatment systems can be service such permanent dwelling or the dwelling is itary sewer. be combined with the one or more contiguous lots so ne or more parcels of land, each meeting the full of Subd. 4 of this ordinance. �f Nonconforming Uses and Substandard Buildings or nonconforming use or substandard building or structure iged or destroyed by fire, flood, wind, earthquake or .y may be restored and the occupancy or use of such ucture or part thereof , which exited at the time of such uction, may be continued or resumed, provided that the s started within a period of one year and 'is diligently completion, unless the damage to such building or 14 • • • structure is equal to 50 percent or more of the replacement cost thereof (as determined by the building official) in which case, the reconstruction shall conform to the provisions of this ordinance, not to exceed the gross square footage of the previous structure. d. Preservation of Nonconforming Uses. Any lawful use of land existing on the effective date of this ordinance may be continued, although such use is not allowed by this ordinance, however, such use of structure shall not be expanded or intensified. Subd. 9. ADDITIONS /EXPANSIONS TO SUBSTANDARD STRUCTURES. a. All additions or expansions to the outside dimensions (including upward expansions) of an existing nonconforming structure must meet the setback, height and other requirements of Subd. 7 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to the Zoning Ordinance. b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. No deck on a nonconforming structure shall exceed 10 feet in width. 5. The deck is constructed primarily of wood and is not roofed or screened. 6. A certificate of compliance is obtained from the Community Development Director. Subd. 10. EXCEPTIONS TO BUILDING SETBACKS. 1. Exceptions to the building setback from the ordinary high water mark for substandard structures that are setback a minimum of 30 feet from the ordinary high water mark on sewered lots or a minimum of 45 feet from the ordinary high water mark on unsewered lots. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away 15 2. Exceptions to the building setback from the sideyard and street right of way. 3. Nonconforming sewace treatment systems. A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded, at a minimum, at any time a permit or variance Df any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces, (decks, porches). In addition, at time of sale or upon receipt of a complaint, the property shall be inspected and if the sewage system is found to be nonconforming, a new conforming system must be installed within 90 days. II. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. III. Publication and Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this day , 1993. Attest: from the water body provided the improved structure is in compliance with all other requirements of this ordinance. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the sideyard or street provided the encroachment into the side or front yard is not increased and the improved structure is in compliance with all other requirements of this ordinance. city clerk 16 Charles M. Hooley, Mayor • • • • • TO: Mayor and City Council FR: Ann Pung - Terwedo DA: December 3, 1993 RE: RV ORDINANCE Background MEMORANDUM During the first reading of the of the RV Ordinance, the City Council directed the Planning Commission to review the section on screening of recreational vehicles and storage areas from adjacent properties. A section was added defining storage. The section on screening was amended to include screening from adjacent properties. The Planning Commission reviewed the ordinance at their regular meeting in October. Staff and Planning Commission Recommendation First reading of ordinance regulating parking in residential areas. r ORDINANCE N0. AN ORDINANCE AMENING CHAPTER 31.01 OF THE CITY CODE BY ADDING SUBDIVISION 26.5 (f), (g) and (h),REGARDING PARKING IN RESIDENTIAL AREAS. � E>> The City Council of the City of Stillwater does ordain: Section I. Amending. Section 31.01, Subd. 26.5 (f), (g) and (h) and shall hereafter read as follows: f. Truck Parking in Residential Areas. No flat -bed truck over 7,000 G.V.W. or other truck over 10,000 G.V.W. shall be parked on or off street in a residential zoned district except when loading, unloading or rendering a service unless proper storage and screening is provided as hereinafte . required. Storage shall mean a condition that exists for more than thirty (3C) days and does not include lesser periods or time when material is temporarily set aside. h. Exterior torage. In residential districts all materials and equipm nt shall be stored within a building or fully screened o as not to be visible from adjoining properties and publi streets, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, off - street parking of three passenger automobiles. Boats, unoccupied trailers and recreational vehicles, less than 25 feet in length are permitted if stored in he rear or side yard. Storage of more than one commercia' or industrial vehicle or article of equipment is prohibited unless a special use permit is issued for use. i. Screening. The screening required in (f) above shall consist of a fence or wall not less than feet high in order to block direct view of the storage area from the public street and adjacent property. Landscaping may also be required with planting of a type approved by the Community Development Director in addition to fencing. Section II. Saving, In all other ways the Stillwater City Code shall remain in full force and effect. Section III. Publication and Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. g. Adopted by the City Council this day of 1993. Attest: City Clerk Charles M. Hooley, Mayor • • • MEMORANDUM TO: Mayor and City Council FR: City Coordinator . DA: December 1, 1993 RE: ANIMAL SHELTER IMPOUND AGREEMENT Accompanying this memo are the two agreements the Council can choose between for impounding animals (i.e., cats and dogs) at the St. Croix Animal Hospital. The first agreement provides for a direct contribution toward and the construction of the new animal shelter. Basically, the City would be required to pay between $18,711 to $21,000 toward the construction of the shelter plus the regular impound fees. The second agreement provides for a $55 per animal surcharge if we do not elect to pay a direct contribution. The surcharge would be in addition to the regular impound fees and would be payable for 10 years. (10 years is the period of time that the shelter would agree to provide impounding services . ) The following is a comparison of the costs associated with the two agreements: Direct contribution (depending upon payment option selected) = $18,711 to $21,000 Surcharge Basis - 55 (average animals per year) x $55 x 10 years = $30,250. The assumptions are that we use the service for the 10 -year period and that an average of 55 animals per year are taken to the shelter. As was discussed at the previous meeting, the only other feasible option was to enter into an agreement with the Stillwater Veterinary Clinic. This option was rejected by the Council at the meeting of November 30, 1993. However, I am resubmitting the information I provided at the November 30 meeting on the Stillwater Clinic for further comparison. TO: Mayor and City Council FR: City Coordinator DA: December 2, 1993 RE: ANIMAL SHELTER COST COMP SON The following is a comparison of the charges for housing animals at the St. Croix Animal Shelter vs housing the animals at the Stillwater Veterinary Clinic (using a 5 -day stay). NOTES: M E M O R A N D U M Fees St. Croix Stillwater Claimed Cats Dogs Claimed Cats Dogs Impound - 36.75 47.25 *N /A Euthanasia - 21.00 21.00 N/A Relinquish - 21.00 21.00 N/A Administration 5.00 2.00 2.00 N/A Tax .33 2.39 3.07 N/A 75.00 40.00 20.00 Included Add surcharge N/A 55.00 55.00 N/C N/C Total 5.33 117.14 128.32 135.00 135.00 +17.86 +6.68 *15.00 per day 1. Stillwater Clinic = 5 miles. St. Croix Shelter = 18 miles. 2. St. Croix guaranteed for 10 years (surcharge only guaranteed). Stillwater Clinic - no guarantee. 3. Estimated costs differential (not including CSO time /salary) _ $550 per year. r 75.00 40.00 20.00 • • • • • By: By: STATE OF MINNESOTA COUNTY OF WASHINGTON RECYCLING SERVICE CONTRACT Bpi vir.r.rf JUNKER RECYCLING, INC. AND THE CITY OF STILLWATER ADDENDUM NO. 4 The parties agree that the following Addendum, to be known as Addendum No. 4, shall be made a part of the Recycling Service Contract between the parties, effective September 1, 1989. First that Paragraph V, subparagraph 1 is changed to hereafter read as follows: The City shall pay the Contractor $1.65 per month beginning September 1, 1993 for recycling services for each residential unit, including apartments, that are billed for regular collection services. Second, Article XII, Duration of Contract, shall be changed to hereafter read as follows: This Contract shall remain in effect until December 31, 1993. If terminated before December 31, 1993, the Contractor shall be entitled to 90 days written notice. This Addendum shall be full force and affect from and after September 1, 1993. JUNKER RECYCLING, INC. THE CITY OF STILLWATER The foregoing instrument was acknowledged before me this day of 1993, by and on behalf of Junker Recycling, Inc. Notary Public MAYOR DEPUTY CITY CLERK STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 1993, by Charles M. Hooley, Mayor and Nile L. Kriesel, Deputy Clerk, on behalf of City of Stillwater. Notary Public TO: Mayor and City Council FR: City Coordinator DA: December 2, 1993 RE: RECYCLING AGREEMENT I MEMORANDUM Enclosed is Addendum No. 4 to the Recycling Agreement with Junker Recycling, Inc. The addendum is similar to the previous addendums approved by the City Council and is necessary in order to have a "current" agreement for recycling (the previous addendum expired on August 31, 1993) . In regards to a new recycling agreement, Jim Junker had requested a meeting for 4:30 next Tuesday to discuss this with Council. However, the Stillwater Revenue Program Committee will be at the 4:30 meeting to discuss the sales tax issue. Therefore, Council should set another meeting date (December 21, 1993 at 4:30 perhaps) to discuss the recycling agreement with Mr. Junker. • • • • • • ti MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: December 2, 1993 RE: GOODWILL INDUSTRIES RECYCLING GRANT Accompanying this memo is a letter from Goodwill Industries regarding funding for recycling of household items (primarily clothing) . The funds are received from Washington County and "passed through" to Goodwill Industries. The funds can only be used to fund "drop off" recycling and cannot be used for our curbside recycling program. The City has participated in this program with Washington County, Goodwill, Bayport and Oak Park Heights for the past few years and I would recommend approval of the enclosed Memorandum of Continuance (January 1, 1993 - December 31, 1993) . As you can see, the funding is actually a reimbursement to Goodwill Industries for 1993 recycling activity. Give me a fish and I'm fed for a day. Teach me to fish and I'm fed for a lifetime. • Goodwill Industries, Inc. /Easter Seal Society of Minnesota November 28, 1993 Nile Kriessel City of Stillwater 216 North Forth Street Stillwater, Mn 55082 Dear Nile, As per my discussion with Tom Haugen, we discussed signing a continuance with you for the year 1993. Tom explained to me that the county had $.50 per household allocated for the cities of Stillwater, Oak Park Heights and Bayport, to use for the collection of household material for reuse. In lieu of this funding, I will be sending you the tonnage reports for the reuse household collection in Stillwater for January - December 1993. I am enclosing four copies for you to sign and then pass on to Oak Park Heights and Bayport for their signatures. Please call me if you have any question at 646 -2591 ext. 190. Sincerely, rn Linda Garcia Collection Manager 43 Como Ave. St. Paul, MN 55108 (612) 646 -2591 0 C5j. FAX: (612) 649 -0302 MEMORANDUM OF CONTINUANCE JANUARY 1 - DECEMBER 31, 1993 It is hereby agreed that Goodwill /Easter Seal (hereinafter Goodwill) will provide collection services to the Cities of Stillwater, Bayport and Oak Park Heights, Mn hereinafter Cities.) The scope of services includes the acceptance of household materials for reuse, as identified in Attachment A. To provide said services, Goodwill will maintain an Attended Donation Center in Stillwater. The term of this continuance of original agreement is for January 1 - December 31 1993. Goodwill agrees to maintain its liability insurance to cover the Attended Donation CEnter. The Cities agree to pay $.50 per house hold for the collection of reuse material to Gcodwill, as indentified in Attachment B and to provide advise and counsel to Goodwill for the services provided by Goodwill. Other than stated in this memorandum, the provisions of the original agreement :hall remain in force. Passed and adopted this Date: , By: City of Stillwater Date: By: City of Bayport day of , 1993. Date: , By: City of Oak Park Heights Date: /1 , By: Goodwill/Easter Seal —r7(J.( 4 • • • • • • } ATTACHMENT A ATTENDED DONATION CENTER CITY OF STILLWATER, BAYPORT AND OAK PARK HEIGHTS GOODWILL - ADC ACCEPTABLE MATERIALS - 1993 • clothing * games and toys lamps * curtains • linens * knick- knacks * hardware and tools * small working appliances * portable working tv's and stereos * good condition furniture bed frames, tables, sofas, etc. (accepted at the store locations only) GOODWILL - ADC UNACCEPTABLE MATERIALS - 1993 • hazardous waste * household hazardous waste * tires * carpet, carpet scraps & pads * plumbing fixtures * large counsel stereos and tv's * household batteries * scrap metal * large appliances (refigerators, freezers, stoves /ovens, washers, dryers, air conditioners, dehumidifiers, furnaces, garbage disposals, microwaves, trash compactors, water heaters, etc.) * automotive items (lead acid batteries; luricants, additives and oils; antifreeze, etc.) * Mattresses, box springs (including water bed mattresses) * recyclables (slass, aluminum, newsprint, cardboard, office paper and plastic) • v1 LA) v O O\ 01 W 01 ul 0 x 01 01 01 o 0 0 11 11 11 ON w 01 00 v tv 01 • 01 In 0 0 0 0 n 0 z H tz7�7 cna n H H n tr10 H 1--i C/) z txj d trj G7 yv xz tij t1 d 00 cn z tib n tr1 :tJ H n n �-d Cries H cn Cn a HC/] • CO tri H tr1 t=i y rTl • • • ATTEST: ORDINANCE NO. AN ORDINANCE REQUIRING BUSINESS LICENSES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Subdivision 1. Purpose. It is deemed in the interest of the public and the residents of the City that any person, firm, or corporation who engages in business within the City shall first secure a license therefore as provided herein. Subdivision 2. Applications. Applications for a business license shall be made to the City Clerk and the license shall be granted conditioned upon compliance with the provision of the City Code. Subdivision 3. Fee. The license fee shall be $ annually. Each license shall expire on the anniversary after it is issued. Subdivision 4. In all other ways, the City Code shall remain in full force and effect. Subdivision 5. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 1993. Mary Lou Johnson, City Clerk Charles M. Hooley, Mayor • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 93 -222 A T & T A T & T Bailey, Charles Becker Arena Products Biff's, Inc. Bryan Rock Products Buberl Landscaping Business Machines Sales Cargill Salt Century Power Equipment Clarey's Safety Equipment Deblon, Diane Del's Outdoor Equipment Desch, Mark & Gloria Dobbs Pro Staff Ecolab Pest Elimination Fred's Tire Company Gannon's Auto Body Glaser, Paul Glass Service Company Hooley, Charles I. C. B. O. Johnson, Ronald Jordon, Leonard R. W. Kirchner & Associates Lind, Leslie & Gladys Lynn Peavey Company Magnuson, David Metropolitan Waste Control Commission Mn. Cellular One Motorola, Inc. Northern States Power Co. National Fire Protection Assn. Northern Hydraulic Oakdale Inspection Polfus Implement Price, Monica Quest Data Systems Road Rescue Rowekamp Associates St. Croix Drug St. Paul Pioneer Press Schwantes Shiely Company Smeal Fire Equipment Southam Business Communications State Chemical Mfg. Company Stillwater Gazette Terwedo, Ann Thomas R. Zahn & Associates Thompson Hardware Treadway Graphics Headset $ Long Distance Calls Cement Work- Sidewalks Paint Portable Rental Crushed Rock Sod /Dirt Mte. Typewriter Salt Repairs Fire Boots Health Insurance Parts /Repairs Parking Lease /Mte. Data Entry Pest Control 1 Tire Repairs -Fire Truck Boiler Engineer Replace Windshield Reimburse - Expenses Membership - Zepper Reimburse - Boots /Belt Straw Appraisal - Vittorios Land Purchase Supplies Legal Services SAC Charge - November Mobile Phones Qtrly. Mte. Street Lighting Membership Equipment Inspections Filters Mileage Mte. Agreement Parts -Fire Truck Software Bill Collections Ad- Employment 3 Furnaces Sand Manifold -Hurst Tool Ad -West Wing Ice Melt Ad -City Clerk Reimburse -Meals Reuse Study-Prison Supplies Misc. DARE Items 427.49 41.68 7,130.00 11.66 453.04 387.40 102.24 75.00 2,781.72 104.41 59.95 219.23 408.89 742.30 293.80 218.33 42.55 600.00 200.00 113.50 132.20 175.00 95.76 12.00 500.00 927.00 208.45 8,006.66 0.00 89.54 204.52 10,233.90 95.00 159.23 750.00 25.20 30.25 900.00 437.00 537.83 10.15 182.88 7,200.00 128.97 410.03 253.08 583.15 24.00 55.40 1,000.00 45.06 147.10 Tri -State Pump & ContrDl United Building Center Viking Safety Products Ziegler, Inc. MANUAL CHECKS- NOVEMBER Blue Cross /Blue Shield Junker Sanitation Servlce Postmaster Postmaster St. Croix Drug Company St. Croix Valley Heritage Short Elliott Hendrick :son Stafford, R. H. Washington County Treasurer. Stillwater Township Stillwater Gazette Swanson, Douglas ADDENDUM MI BILLS American Linen Supply A T & T A T & T Ace Hardware Beberg, Byrdie Becthold, Reed Bureau Criminal Apprehension Capitol Communications Croix Oil Company Croixside Printing DAC Industries Del's Outdoor Equipment Dorsey & Whitney Equipment Supply, Inc. Erickson Post Firstar Stillwater Bank G & K Services Hejny Rentals Insight Mapping Johnson Controls Junker Recycling Lacal Equipment, Inc. Lake Country Chapter ICBO Lakeland Ford Truck Midwest Machinery Northern States Power Co. Nordic Truck Parts Polfus Implement Postmaster Rigs & Squads Rose Floral Russell, Stephen Repair Lift - Pizzinger Treated Pine /Cement Repairs Belts November Billing November Payment Postage for Meter Postage for Meter NSF Check- Atkins Conference- Russell Engineering Recording Fees Recycling Grant Publications Reimburse - Expenses Towel Service Lease /Rental Leased Equipment Supplies Typing Services Haul Snow Downtown DARE Training- Parker 2 Radio Cases Diesel Fuel 3 -Hole Drill Supplies Chain Saw Legal Services Checked Boiler Gas - Diesel Interest Uniform Rental Chipper Rental Comp. Plan Services Recycling - November Equipment Parts 94 Membership -Ness Truck Parts Sharpen Blades Energy Charge Brake Shoes /Pad Drive Belt Bulk Mailing Fee 5 Night Sights Plant Reimburse - Expenses T 710.58 38.51 132.10 46.66 4,356.69 85,000.00 1,000.00 1,000.00 34.89 75.00 50.00 110.00 6,970.00 363.16 200.00 • 27.70 165.84 54.37 167.46 207.50 560.00 350.00 121.41 2,755.80 15.98 330.89 391.92 7,500.00 127.80 48.00 6,047.78 888.19 212.21 5,500.00 80.00 8,167.50 239.68 20.00 366.25 20.00 10,761.29 114.29 61.64 75.00 822.84 • 55.75 71.11 • • • St. Croix Car Wash St. Croix Office Supplies St. Paul Pioneer Press Sentry Systems Shiely Company Snyder Bros. Drug #75 Stafford, R. H. Washington County Treasurer Stillwater Gazette Stillwater Towing Streichers Tennessen Associates U. S. West Communications Valley Auto Supply Warning Lites Watson, Dennis Wybrite, Inc. X -Ergon Zep Manufacturing H .E.W. Squads Washed Office Supplies Ad City Clerk Monitoring Services Sand Dog Food /Film Road Signing Publications Tow Squad Belt - Stender Phase II Telephone Service Auto Parts Flashers Programming Mte. Contract Supplies Hand Cleaner Payment No. 3 and Final Adopted by the City Council this 7th day of December, 1993. APPROVED FOR PAYMENT 55.60 481.18 121.92 54.00 1,085.71 36.18 176.77 170.93 42.60 29.77 453.29 992.03 766.79 119.70 1,410.00 596.66 123.37 259.46 7,487.16 • J.L.H., Inc dba John's Bar 302 South Main Street Brook's Food Market #26 2289 Croixwood Blvd. Food -n -Fuel 1101 North Owens Street Elk's Lodge #179 279 East Myrtle Street American Legion Post #48 101 South Third Street St. Croix Drug 132 South Main Street H.V.L., Inc. Hidden Valley Lounge 231 East Myrtle Street Trump's Grill and Bar 317 South Main Street The Lowell Inn 102 North Second Street J.W. Harbor, Inc. 517 North Owens St. Croix Caters dba Cat Bailouts 110 -112 North Main Street Meister's Bar and Grill 901 South Fourth Street South Hill Liquor Store 117 West Churchill Street Stillwater Country Club, Inc. 1421 North Fourth Street JLH Inc John's Bar 302 South Main Street Eileen Meister South Hill Liquor Store 117 West Churchill Street 1994 Off Sale Liquor Licenses Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal J.L.H., Inc. John's Bar 302 South Main Street 1994 ✓T'rump's Grill and Bar 317 South Main Street The Lowell Inn 102 North Second Street ,/J.W. Harbor, Inc. 517 North Owens On Sale River Oasis Cafe 806 South Main Street Kinsel's Liquor Store 118 East Chestnut Street Brine's, Inc. 219 South Main Street ✓St. Croix Club Bar and Restaurant Inc. 423 South Main Street St. Croix Caters dba Cat Bailouts 110 -112 North Main Street National Restaurants, Inc. dba Esteban's 324 South Main Street R & R Liquor 1971 South Greeley Street St. Croix Club Bar & Restaurant 423 South Main Street n Sale and Sunday Liquor Licenses H.V.L., Inc. `/ Hidden Valley Lounge 231 East Myrtle Street Renewal v Brine's Inc. 219 South Main Street Renewal 1994 Cigarette Licenses Renewal Renewal Renewal Renewal Renewal Renewal Renewal ✓Meister's Bar and Grill 901 South Fourth Street Renewal Renewal Renewal Renewal Renewal Renewal • • • • • Asphalt Driveway Company 1212 E Hwy 36 St. Paul, MN 55082 Attracta Sign 7420 West Lake Street St. Louis Park, MN 55426 J & D Enterprises, Inc. 5197 Lavaque Road Duluth, MN 55803 Joe Miller Excavating 8644 Fawn Lake Drive NE Stacy, MN 55079 Ryan Construction Company of MN, Inc New 900 2nd Ave S #700 Minneapolis, MN 55402 Vic Ric Construction Specialist 400 Luella St. Paul, MN 55119 CONTRACTOR'S LICENSES Renewal Renewal New Renewal New //)'T X ('if )s %=s CLAIM AGAINST CITY OF STILLWATER • NAME OF CLAIMANT 1,)FRA /7 /V6 • ADDRESS qo(.., 5 c7 , s% WHEN DID EVENT OCCUR? N o u 3 0 / y 9.3 A % T jf OAR,: A, 6 co i : c oPN' WHERE DID EVENT OCCUR? 4/0C. 5 c 3 f,O 6'7 A-T /cFN< r' /47 S O OF PI O P 15,1 1 0 WHAT HAPPENED? 1 4.. WAS P ' _c /NC co 7 cF 0/-4'04-47 %/ S ) T): 4 7 S t.`// - 74 A / 4.= 2 / - } h ' .4ARC / 4/77 hg / I 1 L Z4'// t_52. /4 Q/=r T z, �Nm /NT L`j4iA :S / / sl S kr 6 6 SI E h1,0 Afa /r/% To fir (-fTH /GTA RA/4 Fri./ cr.= / 6 ALL A r u p d 0 454T/i9d-th:to FF 41 PoJ1S WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? Mt): . /i) ,6 /1/o< 4/ rt LL/ lS AT IA u GT , 1 ko C3A /fat_ 0/,e= rUARli2 4 N s/ 41x= h /9 THl- F,:Nd/=. /4f 0.4t r / /Av„= l� Fix t, . Z/= •/fly Fix /T CV( , 11.Vor ,4-'o rHr.) A-kJ: PA /0 01=r ,rs Two L,� rte. STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED /1/i;w ,r1:5;,4 e_ si c7 gi; 1 =7 NAME OF PERSON MAKING REPAIR; OR GIVING CARE /// LFc i y;=. _ 7 LJ /t- tA.Jc ac7 asi 4 /.4 fi 4KAZ 4-- L4-6 0 ,e /6 - 0 I^ A-pr 6 Ti DATE SI ATURE PHONE N0. 1/3Y You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. • • • City of Stillwater, am working in partnership with the Gopher Wheelmen bicycle racing club (a non — profit organization out of Minneapolis). We are expressing interest in a bicycle race in downtown Stillwater on July , of 1994. This is much like the previous "Brines" race, there a couple of years ago. It would also incorporate the full closure of the identical streets of the previous event. The use of these streets would involve the assistance of the local police. We are familiar with the partnership of police in many past events, where we had help from the Washington County authorities. We do have the ability to pay for their assistance, required for three, to four hours for the duration of this event, in the morning. We can promise you, with the permission for the event, a complete plan of operation for event times, personnel, traffic control, officials, and emergencies. Since we are working in accordance with the USCF (United States Cycling Federation), we are insured for this event one million dollars, and can provide a certificate of insurance, if necessary. We are working on plans for the proper promotion of this event, as well as fellow sponsors. This of course, will help bring many people into the town of Stillwater, and also raise the spectator awareness of this sport. We feel that with your help, we can make this event a positive experience for the community, as well as the sport of bicycle racing. We thank you for your time, as we anxiously await your reply. Sincerely, Jake Olson Gopher Wheelmen November 11, 1993 • • November 29, 1993 Stillwater City Council Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Council Members: Sincerely, L.% Chris Wallberg, Secretary 11 Attachment MIDDLE ST. CROIX VALLEY PLANNING ADVISORY COMMISSION The Middle St. Croix Valley Planning Advisory Commission has been established by the communities of Afton, Lakeland, Lakeland Shores, Lake St. Croix Beach, St. Mary's Point and West Lakeland Township. The purpose of this Advisory Commission is to work for cooperative managed growth and coordinated planning within the area containing the member municipalities. I have been directed by the Advisory Commission to notify you of its existence and to send the attached Mission Statement and Bylaws. Meetings are held the second Wednesday each month at 7:00 p.m. at Lakeland City Hall, and are open to all interested persons. It would be appreciated if notice of these meetings could be included in any appropriate newsletter /publication that you generate. If you have comments or questions about the MSCVPAC, you may contact John Dooley, Chairperson at 436 -4466 or me at 436 -6963. MIDDLE ST. CROIX VALLEY PLANNING ADVISORY COMMISSION PROPOSED MISSION STATEMENT AND BYLAWS MISSION STATEMENT The purpose of the Middle St. Croix Valley Planning Advisory Commission is to serve in an advisory capacity to make recommendations to the several cities and township involved regarding zoning and land use regulations, in order to promote managed growth with a reliable degree of uniformity within the region (i.e., that area containing the member municipalities). While occasional disagreements are bound to arise between the several municipalities, this Commission provides the opportunity to construct a partnership around localized zoning. If a sincere commitment and effort is made by each of the participating municipalities, this partnership will be strengthened and the larger community will benefit from this inter - governmental cooperation. The Middle St. Croix Valley Planning Advisory Commission is hereby organized to provide guidance and direction by recommendation to the participating member municipalities regarding comprehensive planning, land use, land use regulation and zoning. These recommendations will be based on results of the Commission's on -going meetings, hearings and deliberations; including the Commission's analysis of data and information provided to it from sources including the State of Minnesota, the Metropolitan Council, Washington County and other cities, groups, organizations or individuals interested in the outcome of cooperative regional planning. The Commission shall also provide a communication mechanism for comparison review of common concerns and land use issues, to focus on common issues, to distinguish differences and to arrive (wherever possible) at collective advisory recommendations; recognizing that individual municipal matters shall remain entirely within the purview of the individual municipal governments and that the Commission's recommendations will have no intervening or binding effect on the outcome of the deliberations of individual municipalities. The provisions of MN Statute 462.3585 creating a manditory planning board shall not apply to this Commission. BYLAWS ARTICLE I Name of Commission The name of this organization shall be Middle St. Croix Valley Planning Advisory Commission. ARTICLE II Function of Commission To review common planning issues, and advise and make recommendations to the member municipalities on those issues. Page 2 ARTICLE III Membership Membership shall consist of two (2) co- delegates fro each of the member municipalities; Afton, Lak land, Lakeland Shores, Lake St. Croix Beach, St. Mary's Point and West Lakeland Township. Co- elegates shall be appointed by the Mayor /Board Cha'r in each municipality. Each member municipality shall be entitled to one vote. ARTICLE IV Officers Section 1. The officers of the Commission shall conskist of a chairperson and two (2) vice- chairpersons. Section 2. The secretary of the Commission shall by ?pointed by the Commission. Sec mee hav usa Section 4. A vice - chairperson shall act for the chairperson in his /her absence. Section 5. The secretary shall keep the minutes and records of the Commission; with the assistance of such staff as is available, shall prepare the age da of regular and special meetings under the dir ction of the chairperson; provide notice of all mee ings to Commission members; arrange proper notice of hearings; attend to correspondence of the Commission and such other duties as are normally . carried out by a secretary. ARTICLE V Election of Officers Sec hel 0 ion 3. The chairperson shall preside at all ings and hearings of the Commission and shall the duties normally conferred by parliamentary e on such officers. ion 1. An annual organization meeting shall be on the second Wednesday of April. Section 2. Nominations shall be made from the flo r at the annual organization meeting, and ele tion of officers specified in Section 1 of Art'cle IV shall follow immediately thereafter. Section 3. A candidate receiving a majority vote of '4he member municipalities of the Commission shall be c.eclared elected and shall serve for one year or until his /her successor shall take office. Section 4. Vacancies in office shall be filled immediately by regular election procedure. • • Page 3 ARTICLE VI Meetings ARTICLE VII Order of Business ARTICLE VIII Employees Section 1. Meetings shall be held on the second Wednesday each month at 7:00 p.m. In the event of a conflict with holidays or other events, a majority at any meeting may change the date of said meeting. Section 2. A quorum shall consist of representation from four (4) member municipalities. Voting may be by voice, or roll call. A record of the roll call vote shall be kept as a part of the minutes. Section 3. Special meetings may be called by the chairperson. It shall be the duty of the chair- person to call a special meeting when requested to do so by a majority of members of the Commission. The secretary shall notify all members of the Commission in writing not less than five (5) days in advance of such special meetings. Section 4. All meetings shall be open to the general public. Section 5. Unless otherwise specified, Robert's Rules of Order shall govern the proceedings at meetings of this Commission. Section 1. The order of business at regular meetings shall be: a. Roll call b. Reading of minutes of previous meeting c. Communications and bills d. Reports of officers and committees e. Old Business f. New Business g. Participation from the floor h. Adjourn Section 2. A motion must be made by a co- delegate and passed in order to dispense with any item on the agenda. Subject to approval by member municipal bodies and within the limits imposed by the funds available for its use, the Commission may employ such staff personnel and /or consultants as it sees fit to aid in its work. Appointments shall be made by a majority vote of the entire Commission membership. Page 4 4 ARTICLE IX Hearings Section 1. The Commission may hold public hearings when it decides that such hearings will be in the public interest. ARTICLE X Amendments Adopted October 13, 1993 !� /1 : ; Q 2/7 John /Dooley, per Section 2. Notice of the time and place of such hearing shall be published once in an official newspaper of general circulation serving member municipalities at least ten (10) days before the day of the meeting. Section 3. The matter before the Commission shall be presented in summary by the chairperson or by a member of the Commission designated by the chair- person and parties in interest shall have the privilege of the floor. These bylaws may be amended by a majority vote of the member municipalities as provided in Article 3 of these bylaws. Chris Wallberg, Secretar • • • • WASHINGTON COUNTY HISTORIC COURTHOUSE Marline de :oef Coordinator November 24, 1993 cc. Officer Davin Miller Explorer Cadet=Post. Chief Don Beberg Mayor Charles Hooley Stillwater City Council Members 216 North 4th Street Stillwater, tiN 55082 101 W. Pine Street Stillwater, MN 55082 (612) 430 -6233 MARLENE de BOEF Coordinator Dear Mayor Hooley and Council Members: For five nights this year, the Explorer Cadets have provided overnight security at the Historic Courthouse during art or quilt shows, the latest being Christmas at the Courthouse. Staff and vendors were able to rest easier knowing that responsible young people were at the Courthouse as troubleshooters should problems arise. They also helped with our parade traffic. • The cadets were always willing to assist us as we were closing for the night. They even took down flags and provided escort service for those not parked in our lot. Many vendors and planning committee members commented on how professional and courteous the cadets were. Our heartfelt thanks to each of the cadets--- - Justin Opheim, Justin Rutten, Matt Boyer, Nick Kaufer, David Bliss, Jolene Brewster, Bryce Forsblad, Rachel Weatherby. Hats off to each of them! The City of Stillwater and Officer Davin Miller, Explorer Cadet Advisor, are to be commended for providing this outstanding program and training for these young people. • • • CONSULTANT CONTRACT • This Contract is made December 7, 1993, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, MN 55082, "City ", and Legislative Associates, Inc., 7920 Towerbell Court, Annandale, VA 22003, "Consultant ". RECITALS The City desires to retain the services of the Consultant to create and set in motion a plan to obtain Federal and State support for projects in the City. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of mutual promises, it is agreed between the City and the Consultant as follows: SECTION I. The terms of the Contract shall be as set forth in the Consultant's letter to the City dated November 30, 1993, which is incorporated into and made a part of this contact as Exhibit "A ". SECTION II. DURATION This Contract will be effective upon execution and until the 31st day of December, 199,Z:j SECTION III. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. • Any and all claims that arise or may arise against the contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION V. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. • IN WITNESS WHEREOF, the parties have set their hands this 7th day • of December, 1993. SECTION IV. INDEMNIFICATION CITY OF STILLWATER By By By Charles M. Hooley, Mayor Nile L. Kriesel, City Coordinator LEGISLATIVE ASSOCIATES, INC. Edwin E. Cain, Its President • • 1111VNESOTA OFFICE: P.Q. Box 2131 Stillwater, *IN 55082 (812) 430.7881 Fax (812) 430 -9581 To: Mayor and Council Members City of Stillwater From: Ed Cain Legislative Associates, Inc LEGISLATIVE ASSOCIATES, INC. November 30, 1993 Re: Proposal for Government Relations Services for the City of Stillwater by Legislative Associates, Inc, There are four issues or projects before the City Council that need to be addressed in this proposal. Each has the potential for attracting outside resources to defray the costs to the City and the residents, thus reducing the cost to the taxpayers. 1. State Levee Funding: While the State approved $200,000 in the 1993 Legislative Session, their decision was to postpone action on the remaining $200,000 requested until the 1994 Legislative Session. Because of a variety of roadblocks, the 1993 funding was not approved until the last day of the session. Work with the State, the Governor's Office (and budget people), and the Legislature must begin immediately to improve our chances for obtaining the additional State matching funds for the levee construction. 2. South Hill Sewer Project: The South Hill Sewer Project Is expected to cost about $1.4 million. The citizens in the project area will be responsible for both the assessments and hook -up costs, Even though the City is spreading half the cost among all the taxpayers, there will be some of the area residents who will be placed In a very serious financial situation as the result of this double hit. Funds are available to help defray these costs for the citizens if a proper foundation is laid, if the project is correctly approached and presented, and if continuous follow -up is maintained. 3. North Hill Sewer Project: An earlier start on this project will open the doors for additional funding that has the potential of decreasing the cost to the City as well as to the citizens in the project area. It is estimated that the cost of the North Hill Project will be similar to the South Hill Project, or about $1.5 million. A slightly different socioeconomic structure for the Sou'h Hill area may help the process. It is likely that l will combine these two projects in some funding approaches. EXHIBIT "A" Page One WASHINGTON OFFICE.: 7920 Towerbeit Court Arthandoac, VA 22003 703) 500.7129 Fax (703) 680 -4832 • NOV -30 -93 TUE 15:53 • 4. Levee Reconstruction Project Negotiations and Follow -up: The negotiations with the Corps of Engineers will be critical to how the $2,4 million federal funds are able to be used. There is a potential for broadening the scope of the project, and to increase the funding by $600,000 if the procedure is properly executed. My background on the project with the Corps in Washington, and with the Appropriation Committees can be used in structuring the use of the funds. 5. Other projects and Services: In addition to these four projects, the Mayor or Council members may find other areas in which funds are needed for specific projects for the City. I would be available for investigating funding sources, and preparing proposals, if needed. Most important, In representing the City in the many different facets of government,) have the opportunity to hear about new funding sources, or programs where the available funds have not been fully used. This information can be very helpful to a progressive Mayor and Council, dedicated to the growth and development of the City, but with a real concern about the expenditure of local tax dollars. Funding Potential for Protects: In reviewing potential funding sources, the projects described in this proposal can generate from $1.5 to $2.2 million dollars for • the City and the residents. While there is no guarantee in the funding process,' believe this is a realistic estimate. Remuneration for Services: It is helpful in meeting with legislators and State officials, to speak as a part of the City government. For this reason I would make the following suggestions for remuneration for services: 1. That a payment of $500 per month be paid each month for the next 12 months, beginning December 1, 1993. 2. Additional hours spent in the service of the City be reimbursed at the rate of $65 per hour, not to exceed $2,200 per month, except during the period between January and May when the Legislature traditionally meets, the maximum would be increased to $2,800 per month. 3. Business expenses will be reimbursed, but not to not to exceed $100 per month, unless prior approval is given. Reporting: I.AI will provide both written reports, and oral reports, as requested by the Mayor and Council on specific progress of the efforts. Any major or controversial decision will be brought to the Mayor and Council for direction. • EXHIBIT "A" Page Two P.e2 • ATTACHMENT: Maps. iliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 7, 1993 SUBJECT: SIZING OF STILLWATER MARKET PLACE LIFT STATION As a part of updating the Comprehensive Plan, methods for providing city water and sewer services to areas outside the city in the planning area are being studied. This information generally will be brought to the City Council as a part of that update process. However, there is one area that should be considered by the City Council at this time because of the current development of the Stillwater Market Place project and sizing of the sanitary sewer lift station. The current proposed lift station will generally service the area bounded on the west by extended Long Lake. This service area includes an area of about 130 acres outside the • City of Stillwater but in the city planning area (See attached Map.) By increasing the capacity and line size for the Stillwater Market Place lift station at this time, the facility can service an additional 330 acre city planning area shown on the map. The city cost to increase the lift station capacity is $45,000. This cost is TIF eligible and could be repaid to the city through hook -up fees similar to what was done with Oak Glen trunk line costs. Because of recent developments, land ownership patterns, and the pressure for development, it may be difficult to service this city planning area from the north as previously envisioned. By increasing the size of the sanitary sewer lift station now, the option for city development of the planning area is preserved for the future. RECOMMENDATION: Approval of change order increasing the size of the sanitary sewer facilities to possibly service this expanded planning area. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 NO -11 El I 5 E : 1_ ::: n° Z= �� n - -rr ` Nil ®i�11 •iI i 0111 10 11111 1 11 '• n 171. 11111 ■G 11 - Inn ma es Fi :='_ st 211 I i (l i' II I I11fH 11 Ism:_ VIM . t.� . � � � .. ,r 1 �� i app � �r - c 1 � ¢ P 3 ?' � 9i� Ill 1 �?�' a •• n11. 1 - ■r e rr h p , � _ rt = . 1 fi Y .1 .6. 4 'I UM a s 1 Illy taro III •1111 ■t 1111.1111 MUM 11 % nu um nn1 - ■.11 1111111/ 11 ■1111: ' � 1 %21_ 1 J 1�i Stole H.Tiway 36 • TOY 4 942 19 CITY OF STILLWATER COMPREHENSIVE PLAN UPDATE 1990 DEMOGRAPHIC PROFILE DEFINITION OF STILLWATER PLANNING DISTPIC `iS PLANNING TOTAL HOUSING AVG. HH DISTRICTS POPULATION UI1ITS 5.1ZE 1. DUTCHTOWN 500 186 2.69 2. OAK GLEN 1,344 425 3.16 3. NORTH HILL 2,371 849 2.79 4. DOWNTOWN 842 388 2.17 5. CROIXWOOD 2,983 874 3.41 6. SUNNYSLOPE 1,145 441 2.60 7. WEST HILL 1,604 617 2.60 8. SOUTH HILL 2,143 813 2.63 9. HIGHLANDS 400 175 2.29 10. FOREST HILLS 676 273 2.48 11. BUSINESS PARK 2 1 2.00 STILLWATER TOTAL 14,011 5,042 2.78 12. BROWN'S CREEK 0 0 0 13. McKUSICK ROAD 429 120 3.58 14. COUNTY ROAD 12 214 56 3.82 15. LONG LAKE WEST 58 19 3.05 16. HIGHWAY 36 26 8 3.25 OUTSIDE CITY 727 203 3.58 STUDY AREA TOTAL 14,738 5,245 2.81 Plonning District Boundaries Municipal Boundaries Source: US Oeparlmenl Of Com:: ., 1990 Census Of Pcpu'o %r (Block Level Demo ucrph:l:.: CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT ItISIGI-IT MAPPING F. l)F`nr`Gc:'(:!'C 11/23/W93 t,ed (7c9K) (4/- .5(4 V LC.,& lir CC, 1 a ter 411 THE BIRTHPLACE OF MINNESOTA • MEMORANDUM TO: MAYOR AND CITY COUNCIL ?-- FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTO DATE: DECEMBER 5, 1993 SUBJECT: CITY FACILITIES AND SERVICES QUESTIONNAIRE As a part of the Comprehensive Plan Update, existing and future community services and facility needs will be evaluated. The attached questionnaire will provide the City's consultant with basic information on existing public services and staffing levels. As plan alternatives for the future are developed, estimates for future facility needs will be developed. As a part of planning for public facilities, the consultant will meet with the Council to go over existing staffing information to get your input on future city facility needs. RECOMMENDATION: For information only. ATTACHMENT: Questionnaire CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 camiros 5547 Geand Avenue S., Minneapolis, MN 55419 (612) 827 -7501 • MEMORANDUM DATE: 6 December 1953 TO: All Department Heads, City of Stillwater FROM: Joyce Levine RE: Questionnaire regarding City services As part of the Comprehensive Plan, the City of Stillwater has asked Camiros to prepare a Public Facilities Plan. This plan will have two purposes: (1) to identify existing and anticipated service and facility needs based on current operations; and (2) to estimate the impact of population growth and development on city services and facilities. To help us better understand these needs, please fill out the attached questionnaire. Provide as much information as you can, even if you cannot dive specific answers to some of the questions. Return the questionnaire to Steve Russell NO LATER THAN December 31. We will report tfhe results to you in mid - January. Thanks for your help. If you have any questions, you can speak with Steve, or you can call me at 827 -7501. Consultants in Planning, Zoning, Development Economics, and Landscape Architecture Chicago, Illinois Madison, Wi:;consin Indianapolis, Indiana Minneapolis, Minnesota Orlando, Florida • • • • 1. Name of department or function: Which of these functions is your department responsible for? Sanitary sewer Storm sewer /storm -water drainage Engineering Water service Solid waste collection Recycling Planning Building inspection /code enforcement Personnel /human resources General management Financial management General purchasing Billing Police protection and outreach Fire protection and education Emergency response /paramedic Park and open space maintenance Library services Other (e.g., housing management, park programming, senior - citizen services, etc.) 2. How large is your staff (in full -time equivalents, or FTEs)? "Primary" staff manages or provides department services. "Support" staff includes clericals, technicians, interns, etc. Total Primary Support Existing (1993) Budgeted (1994) Actual need 3. How many staff members (FTEs) has your department had over the years? 1980 1985 1990 1992 Total Primary Support 4. Ignoring population growth or other changes that might add to the demand for services, how much do you expect your staff to grow by . . . 2000? 2005? 2015? * Includes fire and police 5. How much would you expect your staff to grow if the city's population (now about 15,000) grows by . . . 2,000? 5,000? 10,000? 6. Do you expect the way you deliver services to change significantly in the next 20 years, because of technology, privatization or regulation? No Yes , due to technological change privatization regulation Please explain City Water City Parks Hal.* Dept Garage & Rec Library On -site City Water City Parks Hall* Dept Garage & Rec Library 7. How will these changes affect your staffing (increase, decrease, chance hours or skills, etc.)? Equipment purchases? Major capital investments? 3 • • 8. During the next 20 years, your department will need to make 111 some capital improvements. Please check the improvements that apply most directly to your department. • Remodeling City Hall Building a new City Hall Remodeling Public Works garage Building a new Public Works garage Installing new sewer trunk line(s), lift station(s), etc. Making major repairs to existing sewer facilities (includes replacement) Installing new water main(s), pumping facilities Making major repairs to existing water facilities (includes replacement) Building a new police station (i.e., move police out of City Hall) Building a new fire station Adding new park(s) or significant open space(s) Rebuilding existing park(s) Making major improvements to existing roads/ streets Building new roads /streets Other (explain) 9. What effect will these changes (question #8) have on your department staffing? What effect will they have on your operating budget? 10. What major non - capital (equipment) investments do you anticipate making during each time period on the next page? "Vehicles" includes cars and all types of trucks. "Maintenance" includes lawn mowers, gardening equipment, street sweepers, etc. "Specialized" includes pumps, paving equipment, manhole covers, fire hoses, etc. Do NOT include day -to -day replacement of individual or minor items. Include such items ONLY if replacing the entire stock (e.g., all police uniforms) or making a massive one- time purchase. Please provide item(s), quantity and estimated cost whenever possible. Use the back of this sheet if you need more room. 1995 -2000 2000 -2005 2005 -2015 Conputers and related Vehicles Maintenance Specialized 11. Do you have any suggestions or ideas for improving the organization of the city's services or the efficiency of service delive y? 12. Do you provide services outside the boundaries of the city? No Yes Please describe 13. What change(s) in circumstances might cause you to need more staff? 14. Do you have any further ideas about the city's delivery of services? These might include new cooperative methods or alliances, new services, or anything else not mentioned earlier in the survey. 5 • • 1.!U4%J.) fJ $T. PAUL, MN RE: 1L:UJ t'A_1 0 MINNEAPOLIS, MN 0 $T CLOUD, MN TO: Honorable Mayor and Council FROM: Dick Moor DATE: December 3, 1993 Stillwater, Minnesota Project Status Report SEH No. A- STILL9401.00 atudy of Various Detention Basins Myrtle Street Ravine ani al. PAUL 444 11LLITAlt.tt WJUUG /UU. MEMORANDUM LJ CHIPPEWA FALLS. WI _ MADISON, WI (Pizinger, Deerpath and Heiforts) Field work complete. Letter report to Council for December 21 meeting. • Proceeding on design. Plans and specifications to Council for approval on January 18. South 6th Street, CN.Mulberry Street. Sherburne. Street. Williarn, Strett, Street Northland Avenue. Pine Street Feasibility studies will be ready for January 18 Council meeting. Market Place (LJ.301) Preparing preliminary plans for review for Mn /DOT. Lift Station plans being prepared at present. Some questions need answering for future service area to Lift Station. Preliminary plans will be sent to Mn /DOT for review the first week of January. Southeast Area Sewer (L.I. 285) Awaiting State Aid approval for Target Group Businesses and roadway. Have received verbal approval from State Aid. Award or rejection of bids is required by January 7. Sidewallg„Repair (L.I. 27,E Contracts submitted to City for final approval and signature. • West Wing Tr. High Building Demolition Project will be complete before December 10. Contractor completing and placing fill on project presently. 12/03/93 12:04 FAX SEH ST. PAUL 444 STILLWATER U003/003 Honorable Mayor and Council December 3, 1993 Page 2 West Wing Tr. High ParkinY pit Contracts sent to successful bid ler on Wednesday, December 1. Expect return within two weeks for City review and approval. Highlands Sth Addition (Sub/ 93 - 60 and GP/ 93 - 21 Awaiting plat approval to begin preparation of feasibility report and plans and specifications. highlands 4th Addition (L.I. 2)3) Minor punch list items to be completed by contractor. Waiting for final application and lien waivers to make final acceptar ice. Highlands 3rd Addition (LI. MI Finalized and accepted by City. tlo • • • DAVID T. MAGNUSON ERIC C. THOLE THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE 1260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 Mayor Charles M. Hooley and City Council City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: Oak Glen Closing MAGNUSON Si THOLE LAW OFFICE LICENSED IN MINNESOTA AND WISCONSIN December 2, 1993 LEGAL ASSISTANTS MELODIE ARVOLD KADEE BERGMANN SIIELLEY L. SUNDBERG Dear Mayor and Council: On the afternoon of December 1, I attended the closing on the sale of the Oak Glen Golf Course that was held in the offices of Best and Flannagan in Minneapolis. I received, in behalf of the City, $268,884.74 that was delivered to the City Treasurer for deposit. I also received deeds to Outlots "F" and "Z" of Oak Glen, and these two documents are now being recorded with the County Recorder of Washington County. We obtained, as part of the preparation for the closing, a commitment from Fidelity National Title Insurance Company to issue title insurance on these two outlots; however, I see no need for the City to purchase this title insurance, since in all likelihood, they will be held by the City in perpetuity and not be resold. The taxes on both properties that will be payable in the year 1994, which represent taxes for the year 1993, will be the responsibility of the City. While the exact amount is not available, the 1993 taxes on Outlot "Z" were $68.58, and the 1993 taxes on Outlot "F" were $77.62. The taxes payable in 1994 should be about the same. There should be no taxes payable in the year 1995 and in future years since the property will be owned by the City and held for public purposes for the entire year. I've also checked with Bruce Folz, who has committed to the City to place survey stakes on the northerly portion of Outlot "Z" so that we can see the location of our property on the ground, and Bruce tells me that he should be getting to this project within in the next month. Mayor Charles M. Hooley and City Council December 2, 1993 Page 2 Along with the deed received from Nolde over the old street car tracks, we now have property that will provide for a walkway completely around McFusick's Lake, except for the wet portion near the north end of Out_ot "Z ". I'd be glad to answer questions from anyone concerning this. DTM /sls Yours very truly, David T. gnuson cc: Nile Kriesel, City Coordinator Diane Deblon, City Treasurer Steve Russell, Community Development Director Tim Thompson, P4rks Director • • • • • Cordially Invites You To attend A Grand Opening Celebration at our new location, 217 9[orthSecondStreet, Stillwater, MAC A Ribbon Cutting Ceremony Sponsored by Chamber of Commerce 3:30 PM Friday G ala Opening, Friday Dec. 10, 4 - 9 PM Open House and ALrt Sale, Saturday Dec. 11, 9 AM - 6 PM 91 and painted silks and art work, for sale! Student artwork classes and art education opportunities featured! Live music and holiday refreshments ! Come and celebrate our new beginning and purchase those special holiday gifts! For more information cati -0449 �a cI@' IIP) I i Give the Gift of Silk Original art, luxurious silk, unique hand crafted gifts, wearable art ... any one of these would make a perfect choice for someone on your Christmas gift list! But at Studio B you will find a nice choice of gifts that fit all the de- scriptions above. This holiday season "Painted Silk" is for sale at the following locations: The Phipps Center for the Arts 109 Locust St., Hudson, Wisc. (715) 386 - 2305 Out of Our Hands Gallery 2nd Street Crossing 512 2nd St., Hudson, Wisc. (715) 386 - 8724 Craft Connection Gallery 1692 Grand Ave., St. Paul, Minn. (612) 699 - 3439 Visit these galleries for many fine hand crafted gifts by Minnesota and Wisconsin artists. You asked for it! Here it is! Silk Painting workshop for adults! Register through Dist. 834 Community Ed. Two part workshop: Saturdays January 15 & 22, 9:30 - 12:00 AM $28.00 for the two sessions. Supplies included. Students will create 2 small silk scarves using several different techniques. A Grand Opening Cele- bration and Open House is planned the weekend of Decem- ber 10th and 11th, for Studio B. In September Studio B moved across the hall to its new space at 217 N. 2nd St., formerly the Ul- tramarine Art Store. (Ultramarine has moved to the "Brick Alley" on Stillwater's Main St.) The light and spacious rooms offer a place for a private studio and an office as well as a larger classroom space. New classes, new art work and com- munity outreach are the result of this change. Through Community Ed- ucation of School District 834 a Saturday parent /child art class and an elementary age begin- ning drawing class will be of- fered for six weeks in the winter and six weeks in the spring. A silk painting workshop for adults will take place January 15 & 22nd. In addition to the year - around art studies currently tak- ing place for students K - 12, The Public is Invited adult supervised open studio for high - school students will be available the 1st and 3rd Thursday evenings of the month from 7 - 9 PM. This will be a place for high school age artists to work inde- pendently while interacting with and learning from each other. (see brochure for details) The studio will also be available for adult art classes. Artists are welcome to teach their expertise at Studio B through spe- cial arrangements with the studio. Please join our celebration at the gala opening Friday evening December 10th from 4:00 - 9:00 PM. A ribbon cutting ceremony with the Stillwater Area Chamber of Commerce will take place at 3:30 PM. Holiday refreshments, live music, an art education show- case, and an art sale will all be a part of the evening festivities. Saturday, December 11th from 9:00 - 6:00 PM Studio B will host an open house and holiday art sale for the public. Grant Awarded! Through the New Heights Charter School in Stillwater, as fiscal agent and co- sponsored by Courage St. Croix and Washington County Family Services, an arts activities grant was awarded to conduct art classes for handicapped and financially disadvantaged children. The grant was made possible through the River Valley Arts Council and the Metropolitan Regional Arts Council's Washington County Arts Regrant- ing Program. The nine weeks of classes this winter will be taught by Rachel Bliss at Studio B. The students will experience a variety of media in- cluding, handmade paper, acrylic painting, and hand painted silk, and will ultimately produce a book of their art work. This "book art" will be on display at various locations throughout the community. The opportunity to serve the community, while opening new worlds of expression to children fits well with the purpose and philoso- phy of Studio B. We are grateful to be a part of this art education op- portunity. • • • • Attn: Mayor and Council; I am a single parent with two children one of witch is permanently disabled My sources of income are SSI.[disability] and AFDC. I find it quite difficult to maintain my house hold bills at times as I am also a full time student. It is to my understanding that there are exceptions for sewer and garbage bills for the elderly and the disabled. Please consider my circumstances, I use a large trash can because my son requires disposable diapers and three disposable underpads through out the day. He also receives other medically needed procedures that produce excessive trash , such as ; feeding bags , suction kits, oral syringes , cathraters and numerous other things. To make a long story short , Jacob is 11 yrs old child who is developmentally 3 mos. and will be dependent on me the rest of his life . I am getting home LPN health services and Medical Assistance covers most of his expenses. But there are things needed that are not covered that I have to take out of my monthly expense money. If you would like to discuss the situation with me please feel free to call me. I am home in the evenings after 5:30. Thank You for your time. )44 zu 4 L y y Sincerely Bonnie March ACOUNT# 15 -00425 G{Avt.e -d e- c-A-L Ct - t 3 o may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the City. Subd. 8. FEES. For each 30 Gallon Container For each 60 Gallon Container For each 90 Gallon Container Adjusted Accounts For each 30 gallon bag sticker Effective July 1, 1992 The fee for collection per month shall be as follows: $13.75 $17.75 $19.75 $12.00 (30 gallon container) $ 2.00 per sticker The minimum charge for each and every dwelling unit shall be based on the fee for a 30 gallon container. In the alternative, a residence may request a 60 or 90 gallon container, and after approval by the City Clerk, the contractor shall make either a 60 or 90 gallon container available to a residence. However, a residence shall not be entitled to change container size at intervals of less than 6 months and upon less than 30 days notice to the City. Multifamily residences of three or more units shall pay the mandatory rate for 30 gallon containers per dwelling unit unless a different rate is negotiated between the Contractor and the residence. In the event a residence desires collection of more than 30 gallons of normal household waste per week, it shall purchase stickers from the City for the cost of $2 per sticker and that shall entitle the residence to an additional 30 gallon bag of waste. In the event the City adopts a "fee for bag" system, in lieu of a sticker system for the handling of excess household waste the residence shall purchase bags provided by the City for the cost of $2 per bag and that shall likewise entitle the residence to an additional 30 gallon bag of normal household waste. No bag shall be collected unless a sticker is attached to it or unless it is of the kind purchased from the City. Subd. 9. RELIEF FOR SENIOR CITIZENS AND DISABLED. A) The City Council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by majority vote as disclosed by an application for relief that not • more than two people reside within a household and that the head B) APPLICATION FOR R•LIEF. Persons seeking relief shall make f application on a for prescribed by the city clerk setting forth the applicant's inco e and assets at the time of making of the application. of the household is reason of permanent payment of the solid C) TERMINATION OF RE terminate upon the o 2 years of age or, older or is retired by isabilityregajdle.,s_ of age, and that the waste charges and fees would be a hardship. IEF. Relief granted hereunder shall currence of any of the following events: 1) the death o eligible persons provided that the spouse is not otherwise eligible for the same relief; 2) if for any reason the City Council determines that the payment of the garbage fee would no longer be a hardship. Subd. 10. FINANCING„ The cost of operation of the solid waste and rubbish collection system herein established shall be paid from a separate fund here established for that purpose and known as the solid waste and rubbish collection fund. All receipts derived from fees herein established shall be deposited in said fund and said fund shall be used exclusively for the purpose of paying the cost of the maintenance and operation of the solid waste and rubbish coLlection system, including but not limited to the contracting for service, purchase of equipment and administrative expenses. Subd. 11. COLLECTION OF CHARGES. Monthly fees shall be due and payable quarterly in advance. Such charges shall be placed on the account of the owner or occupier of the premises so served or both and when paid, shall be deposited in the solid waste and rubbish collection find. All accounts shall be delinquent if not paid within 90 days after the statement is rendered. Such charges shall be a charge against the owner, lessee or occupier of any residential unit any such charge properly billed and unpaid may be collected in a civil action in a court of competent jurisdiction or at the discretion of the City Council may be certified to the County Auditor with taxes against the property so served. A penalty charge of $5 or 10 percent of delinquent charges due, whichever is greater, shall be added to the amount to be certified to the County Auditor to reimburse the City for Administration expenses resulting from the delinquency. Subd. 12. PENALTY. Any person, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor. 2. REPEALING. City Code Section 30.02, entitled "Rubbish Deposit System," is hereby repealed. • • • 3490 Lexington Avenue North SL Paul, MN 55126-8044 I Peague of Minnesota Cities (612) 490 -5600 November 18, 1993 To: LMCIT member cities and agents From: Peter Tritz Re: Workers compensation and property /casualty rates This memo will summarize the rate changes the LMCIT Board has approved for the coming year. Keep in mind that an individual city's actual premiums are also affected by the city's loss experience, and by changes in the factors on which premiums are calculated: payrolls, expenditures, property values, etc. Thus the effect on an individual city's premiums will not necessarily be the same as the percentage changes in LMCIT's schedule of rates. Workers compensation The LMCIT Board is very pleased to be able to hold workers compensation rates at the current level for another year. Continued good control of losses by cities, benefits from the 1992 workers compensation reforms, and improvements in the development patterns we're seeing on older claims are all factors in making it possible to hold the line on rates for another year. During the coming year, LMCIT will again be reviewing the relative levels of the rates for the various payroll classes. LMCIT has for several years used its own rate schedule based on LMCIT's own claims experience, rather than using industry schedules. This helps assure that the rate system allocates costs equitably among LMCIT's member cities. We last adjusted the class rate schedule in 1992. Any adjustments this time around will be implemented for cities' 1995 renewals. Property and liability The LMCIT Board has approved some minor changes in rate levels for the different lines of coverage. Rates for general and auto liability will increase, by 5% and 6% respectively. Rates for the optional excess liability coverage will be cut 3% however. Property rates will decrease 10 %, while auto physical damage rates will remain unchanged. The overall effect of these - OVER - adjustments will a very slight - under 2% - average rate increase for LMCIT's member cities. The changes will apply to coverage written dr renewed on or after November 15. The LMCIT Board d to hold rates to these levels even though the frequency and severity of claims (particularly liability claims) has increased somewhat in the past couple years. In the pa t, LMCIT rates have included a substantial safety margin as cushion against the risk that losses will be substantially gre ter than projected. For several years, LMCIT has been slowly r ducing the margin built into the rates, relying instead o accumulated surplus funds to provide that cushion. Holding rates at current levels while claims seem to be increasing somewhat means that that margin is reduced a bit further. It's important to understand the implications of these rate actions. Incorporating a margin into the rates means that the rates can cover losses even if the losses substantially exceed projections. But if losses then come in at or below projections, the margin isn't needed and can be returned as a dividend. Since the unused margin along with investment income is where the dividends come from, reducing the margin will likely reduce future dividends - unless, of course, losses decrease. The second point is that LMCIT will likely have to begin increasing rates gain at some point. LMCIT's rates have been either flat or decreasing since 1988, despite some growth in claims. This has been accomplished largely by decreasing the margin the in rat =s. However, we expect the average size of liability claims 'o continue to grow somewhat faster than the general rate of i flation; continuing medical cost inflation is a big factor in b•dily injury claims, for example. We're also seeing some incre se in the frequency of liability claims as well; growing num•ers of sexual harassment and other employment- relate. claims are a big factor here. If these trends continue, t some time within the next couple years LMCIT may need to increase average premium levels. • a �L'1 ■ ■ 3490 Lexington Avenue North • St. Paul, MN 55126-8044 League of Minnesota Cities (612) 490 -5600 • • =Is November 19, 1993 To: City officials and agents - LMCIT member cities From: LMCIT Board of Trustees Sig Stene, Mayor, Lindstrom Jim Antonen, City Manager, Moorhead Desyl Peterson, City Attorney, Minnetonka Leland Swanson, Mayor, Morris Jim Miller, Executive Director, LMC Re: LMCIT property /casualty program dividend In mid - December, the League of Minnesota Cities Insurance Trust's property /casualty program will return $7 million as a dividend to its member cities. This is the seventh consecutive year that LMCIT has been able to return a dividend, bringing the total to just under $50 million returned to member cities. In one sense, receiving a dividend from LMCIT shouldn't really be a remarkable event. The reason LMCIT was formed was to provide cities with the coverage they need on a non - profit basis. It's implicit in that basic concept that if LMCIT ends up with more money than what is needed for claims and expenses, the only place it can go is back to the cities. When LMCIT returns a dividend, it really just shows that the concept is working and that LMCIT is doing what it's supposed to do. In another sense though, the fact that Minnesota cities working together have been this successful in addressing their coverage needs really is quite a remarkable accomplishment. It's important once in a while to stop and recognize how much the cities together have accomplished. As members of the LMCIT Board, we offer our congratulations to you, the member cities. We'd also once again invite your comments and suggestions: what you like and don't like; what we're doing well for you and what we could do better; and what you'd like to see us change. Remember, this is your organization. We need to hear from you. - OVER - About this year's ividend... As in past years, each city's share of the dividend will be proportional to th' difference between the city's total earned premiums and their total incurred losses for all the years the city has been a mexber of LMCIT. Under this formula, cities that have been in TJMCIT the longest and have been most successful in controlling losses receive proportionally greater returns. Cities wo have participated in the excess liability coverage program will also again receive an additional distribution based on the premiums paid for that coverage. This year's dividend is less than the $8.5 million which LMCIT returned to its members last year. In part, this reflects LMCIT's strategy for the past few years of gradually reducing the safety margin built into the rates and relying more heavily on LMCIT's existing surplus for contingency funding should losses substantially exceed projections. It also reflects some increase in the numbers and sizes of claims, particularly in the liability area. • • • 3490 Lexington Avenue North St. Paul, MN 55126-8044 eague of Minnesota Cities (612) 490 -5600 • • OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 15, 1993, LMCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city officials for 80% of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We'll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. I. Why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending Open Meeting Law charges under the liability coverage. The only exception is if the Open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. The Trust Board re ognized that defending an Open Meeting Law charge can cost a ity official a lot of money. Defense costs are often the most significant financial consequence of these lawsuits. While the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are incurred whether or not the official is ultimately found to have violated the law. The Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the city council member to expend significant sums to defend him /herself regardless of the merits of the allegation. The threat of that kin c. of litigation could even be used as a tactic to intimidate or coerce council members in some cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head off an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actual .y did violate the Open Meeting Law? Doesn't this encourage cit officials to violate the law? The legislature ha spelled out in the statute what the penalties are for iolating the law: a $100 civil penalty, potential loss of Office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his /her own defense costs as well, the real monetary enalty to the individual can be many times greater that the p nalty the legislature provided in the statute. And how uch those defense costs are may not have much relation to how se ious the violation was. If more serious penalties are needed to deter violations, the legislature can chnge the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense, and are incurred e'ren if there was no offense. IV. Why is the coverage optional? Why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Boa d also recognized that some cities might consider it inappr priate to use their taxpayers' funds for this purpose. Making t e coverage optional lets each city make this call for itself. • • • • V. What does the Open Meeting Law Defense Cost Reimbursement Agreement cover? Under the new coverage, LMCIT will reimburse a city official for 80% of the defense cost incurred by the city official in defending an Open Meeting Law lawsuit. The Open Meeting Law Defense Costs Reimbursement Agreement is limited to $20,000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law lawsuits commenced during the term of the coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. What doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2. Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an open meeting claim against a city official. The judge awards a $100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage would not cover any legal costs that the city might incur if the city itself were a party to the Open Meeting Law litigation - unless, of course, it was part of a suit that also included a covered claim for damages, as discussed earlier. VII. How will the Open Meeting Law Defense Cost Reimbursement Agreement work? The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 80% of those costs, to a maximum of $20,000, after the official has incurred those costs. The city official remains responsible for paying his/her defense attorney, including the 20% which LMCIT will not reimburse as well as any costs over $20,000. Second, the city official retains control of the litigation. The city official makes the decisions on what attorney to hire, whether to settle Or compromise the litigation, whether to appeal, etc. The coverage is tr}ggered when a lawsuit is served on the city official alleging a violation of the Minnesota Open Meeting Law. If a lawsuit is fi.ed during that term of the agreement, the city official has to do two things: 1. Notify LM &IT of the litigation; and 2. Select defense counsel. VIII. How much will this coverage cost? Initially, we'll b' basing the charge for this coverage on the premium for the ci y's liability coverage. Generally, the cost will be 1.5% of th liability premium, subject to a $500 minimum premium. In an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city, though we expect this to be rare. IX. How do we go bout adding this coverage for our city? Have your agent co tact LMCIT's underwriters at Berkley Risk Services and ask for an application form. The underwriters will be able to return quote fairly quickly. X. Whom can we call if we have other questions? If you need additional information or have other can contact Tom Grundhoefer or Pete Tritz at the or call the underwriter at Berkley Risk Services your city. We'd also appreciate any comments or city officials have for ways this coverage could for any other changes cities would like LMCIT to 11/17/93 questions, you League office, who handles suggestions be improved, or consider. • • =15 MM League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 -8044 (612) 490 -5600 • November 17, 1993 To: LMCIT member cities and agents From: Pete Tritz Re: Liability coverage changes The LMCIT Board has approved two changes in the liability coverage for the coming year, which will improve cities' protection for employment- related claims and for liability arising from the activities of joint powers entities. These changes are described in more detail below. Coverage written or renewed after November 15 will include these changes. In addition, LMCIT has also begun offering a new optional coverage to protect city officials from legal costs of defending Open Meeting Law charges. The accompanying memo describes this new optional coverage in greater detail. • EMPLOYMENT RELATED CLAIMS Under the revised coverage document, LMCIT will provide coverage at an earlier stage for employment- related actions. LMCIT will now provide a defense for any employment- related charge when it is filed with the federal EEOC, the state Human Rights Department, or a local human rights commission. When an individual files an employment discrimination charge with the EEOC or the Human Rights Department, the charge may not include an explicit demand for money damages. In its simplest terms, the LMCIT liability coverage is designed to respond to claims for money damages against the city. That is, one of the key elements which triggers LMCIT's duty to respond is that someone demand money damages from the city or another covered party. If an EEOC or Human Rights Commission charge didn't explicitly mention a demand for money damages, LMCIT therefor didn't have a duty to respond and to begin defending the action on the city's behalf. Because many EEOC and HRC charges eventually do involve a demand for money damages, the LMCIT Board concluded that it would make sense to become involved at an earlier point in these actions. Therefor any employment - related EEOC or Human Rights Commission charge will now trigger the coverage, regardless of whether there's an explicit demand for money damages. This means that on many employment - related disputes LMCIT will begin covering the city's legal expenses at an earlier point in the action. JOINT POWERS EXPOSURES A new provision in the liability coverage document will give cities some protec ion for joint powers exposures which they may have inadvertantly overlooked. The definition of a "joint powers entity" has also been clarified. For many years, th LMCIT liability coverage has contained an exclusion for liability arising out of the activities of joint powers entities. This was not because of any concern that joint powers operations were exceptionally risky or undesireable; rather, it was bec use claims can be defended more efficiently and less expensive y if coverage for all the participating parties is covered under a single coverage document. LMCIT's practice has therefor been to cover the liability exposures of joint powers entities by issuing separate liability coverage to the joint entity. That coverage then protects not only the entity and its officers and employees, but also the constituent cities and their respective officers and employees for liability arising out of the joint entity's activities. (If you'd like further background information on this issue, LMCIT has a memo available which discusses it in detail.) One problem this approach creates is that cities must be careful to make sure that ny joint powers entity in which they participate does i fact have liability coverage. If not, the city can be left w a coverage gap if it is sued because of something the join powers board did. We've had a couple instances where ci ies inadvertantly overlooked a particular joint powers board of which they were members, and were left without coverage w en the joint board's activities led to claims against the board and the cities. The revised coverage gives cities the chance to correct these kinds of oversights after the fact. A member city will now have the right to have a limited amount of retroactive coverage issued to any joint powers entity of which the city is a member and which does not already have coverage in its own name. This coverage will carry the same retroactive date and the same inception date as the city's own coverage. It will then protect the joint entity, its member political subdivisions, and their respective officers and employees for claims arising from the joint entity's activities - including claims that have already been made at the time the coverage is actually issued. In effect, this pr vision will let cities put in place after the fact the kind of coverage that should have been in place originally for the joint powers entity's activities. Using this approach (rather than, say, simply deleting the "joint powers exclusion from the coverage) limits the risk that LMCIT will incur catastrophically large defense costs by having to provide a separate defense to each of several cities. Caution. The new retroactive coverage option does not completely eliminate the need for joint powers entities to • obtain liability coverage up front just as any city or other operating entity generally should. The retroactive coverage is more expensive and the protection is not as great. City officials need to be aware of two important points: First, retroactive coverage for joint powers entity liability will carry a $200,000 annual aggregate limit, including defense costs. Standard LMCIT coverage provides a $600,000 per occurrence limit for most claims, regardless of the number of claims per year. And for most claims that $600,000 per occurrence limit applies only to damages; defense costs are in addition to the limit. Second, the premium for the retroactive joint powers entity liability coverage will be substantially higher than LMCIT's standard rates for many joint powers exposures. The premium for the retroactive will be the greater of LMCIT's standard rates or $5000. Revised definition Not every joint powers contract creates a coverage issue. The "joint powers" exclusion applies only to joint powers contracts that actually create a separate joint operating entity. Many joint powers contracts - e.g. most mutual aid agreements or agreements by which one entity provides services to another for a fee - don't create a separate entity. The "joint powers" exclusion therefor doesn't apply to liability arising out of activities under these kinds of contracts, and the city's standard LMCIT liability coverage would therefor respond to claims arising out of those activities. To help clarify what is a "joint powers entity ", the LMCIT liability coverage document will now include a more explicit definition. The expanded definition is as follows: Joint powers entity means an operating entity created by two or more governmental units entering into an agreement as provided by statute for the joint exercise of governmental powers. An intergovernmental agreement will be deemed to create a joint powers entity if the agreement establishes a board with the effective power to do any of the following, regardless of whether the specific consent of the constituent governmental units may also be required: 1) To receive and expend funds; 2) To enter contracts; 3) To hire employees; 4) To purchase or otherwise acquire and hold real or personal property; or 5) To sue or be sued.