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Home My WebLink About1989-08-15 CC Packet ,<, l4t . 5;z, ~ '. AGENDA STILLWATER CITY COUNCIL August 15, 1989 4:30 P.M. 7:00 P.M. Special Meeting Regular Meeting 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL AUBLlC. HEARING 1. This is the day and time for the Public Hearing to determine whether grounds exist to cut tall grass and weeds from the property of John S. Steffen, located at 309 E. Willow Street. Notice of the hearing was sent to the property owner. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION . ROLL CALL ~APPROVAL OF MINUTES - Special Meeting - July 24, 1989 Special Meeting - July 25, 1989 Regular & Recessed Meetings - August 1, 1989 vi INDIVIDUALS, DELEGATIONS & COMMENDATIONS \ , 1. Bid Opening and possible award of bid for $1,095,000 General Obligation Improvement Bonds, Series 1989A. ~2. Bid Opening and possible award of bid for $700,000 General Obligation Taxable Tax Increment Bonds, Series 1989B. ~STAFF REPORTS /PUBLIC HEARINGS p/ 1. This is the day and time for the public hearing on consideration of a request for a variance to the lot size requirements (10,000 sq. ft. required, 8,316 sq. ft. provided) for a single family residence at 1914 No. First St. in the RA Single Family Residential Dist., Mitch Hurlburt, Applicant. Case No. V/89-56. Notice of the hearing was published in the Stillwater Gazette on / August 4, 1989 and mailed to affected property owners. ~~FINISHED BUSINESS 1. Case No. SUP/88-50 - Modification of approved plans for a carwash located at 1750 Greeley St. in the IP-C Industrial Pk. Comm. Dist., John Ogren, Applicant. .. 1 ~ , Possible further di~cussion of County Rd.5/0rleans St. traffic problems and adoption of Resolution requesting Mn/DOT to separate Co. Rd. 5 Bridge from the New River ~ridge project. ~. Review and approval of Tax Increment Financing Policy. ~EW BUSINESS I ~I. Resolution setting ~UbliC Hearing for enlargement of Development District . #1, Tax Increment Dist. #1 for September 19, 1989. ~. Letter from Jim Lam~ers regarding Time Out Sports, Inc. - $180,000 Comm. Dev. Rev. Note of 1984. (Resolution). ~3. Consideration of sewer rate adjustment pOlicy. PETITIONS, INDIVIDUALS ~ DELEGATIONS (Continued) I I CONSENT AGENDA I 1. Resolution Directin~ Payment of Bills (Resolution No. 8122) I 2. Applications (List ~o be supplied at Meeting). 3. Set Public Hearing ate of September 5, 1989 for the following Planning Cases: a. Case No. SUB/89t8 - Subdivision of three lots totaling 16,605 sq. ft. into two lots 0 9,180 sq.ft. and 7,425 sq. ft. with modification to lot size requir ents at 412 & 418 W. Wilkins St. in the RB, Two Family Residential Dist., Stanley & Elizabeth McDonald, Applicants. b. Case No. V/89-4~ - Variance to the sideyard setback requirements for an existing gar;ge (2 ft. proposed,S ft. requ,'red) at 412 W. Wilkins St. in the RB, wo Family Residential Dist., Stanley & Elizabeth McDonald, Appli ants. (Refer to SUB/89-48) c. Case No. V/89-4 - Variance to the sideyard setback requirements (2 ft. proposed, 51ft. required) for the construction of a 16 ft. by 22 ft. single car iarage at 418 W. Wilkins St. in the RB, Two Family ResidentialDis ., Stanley & Elizabeth McDonald, Applicants. (Refer to SUB/89-48). d. Case No. V/89-5 - Variance to the Fence Ordinance for a three & one-half ft. fe~ce (four ft. required) at 1421 No. First St. in the RA, Single FamilY Residential Dist., Ned & Christine Windmiller, Applicants. j' e. Case No. PR/DP/ /89-53 - Variance & Design Permit for the placement of an awning sign parking review for a pool hall at 112 No. Main St. in the CBD, Centra Business Dist., Kathy & Gerald Sanford, Applicants. f. Case No. DP/PR/ 9-61 - A Design Permit for the renovation of a storefront with a fire stair addition & Parking Review at 212 No. Main St. in the CBD, Central Business Dist., Leverne & Sharon Stefan, Applicants. Case No. SUP/89 55 - Special Use Permit to conduct an over-the-phone sales and servi e company for pool supplies at 313 W. Churchill St. in the RB, Two Fam ly Residential Dist., Richard LaCasse, Applicant. Case No. V/89-5 - Variance to the sideyard setback requirement (three ft. proposed, f ve ft. required) for a twenty-four ft. by ten ft. ~ ~g. Vh. 2 .., \. .' . .. ,j r/:) k garage addition at 1112 W. Linden St. in the RA, Single Family Residential Dist., Ronald A. Zaniewski, Applicant. i. Case No. V/89-58 - Variance to the Sign Ordinance for the placement of a new four ft. by twenty ft. pylon sign, at the same location of the present sign, at Crown Auto, 14450 60th St. No. in the IP-C, Industrial Pk. Comm. Dist., Richard Fox, on behalf of Crown Auto, Appl icants. j. Case No. SUP/89-59 - Special Use Permit for a concession stand in the Issac Staples Mill Building at 402 No. Main St. in the CBD, Central Business Dist., Terri Brine, Applicant. k. Case No. ZAM/89-43 - Zoning Map Amendment to rezone Lots 4 & 5 (currently designated 6 & 7) of Dallager's Estates from RB, Two Family Residential to RA, One Family Residential. (Referral from City Council for reconsideration of rezoning.) . . 4. Waiver of Garbage & Rubbish Collection Charge - Code No. 21-745. 5. Request to hang banner for American Ass'n. of Univ. Women Sept. 3 - 16, 1989 advertising antique show. 6. Request for sewer rate adjustment (3 requests.) ~OUNCIL REQUEST ITEMS STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. Letter from Donald Wisniewski, Wash. Co. Public Wks. Director - Speed zoning along County Highway 12. 2. Complaint regarding various items -- high cost of utilities, garbage, traffic and barking dogs. 3. Thank you from School Dist. regarding meeting on lighting of softball field. 4. Letter from Gov. Perpich regarding Census Bureau Programs. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . 3 jj . . . . ~il~te~ '" """LACE " .IH""~ NOTICE OF HEARING FOR REMOVAL OF TALL GRASS AND WEEDS TO: JOHN S. STEFFEN 309 E. WILLOW STREET STILLWATER, MN. 55082 NOTICE IS HEREBY GIVEN, that on the 15th day of August, 1989 at 4:30 P.M. in the Council Chambers at City Hall, 216 North Fourth Street, Stillwater, Minnesota, 55082, the City Council will determine whether grounds exist to cut tall grass and weeds from the property of John S. Steffen, located at 309 E. Willow Street. A copy of the Stillwater Department of Public Safety Notice of Police Intent to Abate a Nuisance (i .e. cut grass and weeds) from private property is attached as Exhibit "A". CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 @ . iIlwater ~ '\ THE BIRTHPlACE OF MINNESOTA Gttci'1 /h~7' (> ;tJ4t!cf I~~/. " EX::IlBa IIAII DAVtO MAWHORTER PUBLIC SAFETY OIREcroR POLICE CHIEF - GORDON. FIRE CHIEF Ii DEPARTMENT OF PUBLIC SAFETY I DIVISION OF POLICE NO~ICE OF INTENT TO RBRTE R NUISANCE TO: __J:.Q.lftL~...j)..1En:.rJL- __J.Q9_]..._m..LQ~..s.:E.... __~'tl.L1Ea.u:.L._M.N__- -------------------- DATE: _~~~~____ You are listed as th OWNER RESPONSIBLE PARTY of the property locate~ at _____~~~ ~Q~~___________~__________, i~ the City of - ..Stillwater, Washingt n County, Minnesota. , I' The property is legally described as: EAST THIRD OF LOT 6 BL CK 42 OF THE CARLI & SCHULENBURG '5 ADDITION. ---~----------------- -----------------------------------------------~ --~------------------ ------------------------------------------------ --------------------- ------------------------------------------------ The property has t parcel number of: ___~~~O:~~~Q._________________ An inspection of YOl.lr property was made on ______.QI:.t\.:~2.__________ . by the Enforcement Of icer for the City of Stillwater Department of Public Safety. As a esult of this inspection, your property has been found to be in v'olation of the City of Stillwater City Code #38.01, Nusiances, fo the following reason(s): ____2.~~_~~!Il.S_f~~ E1L!.~.J.!I];_~<LN'.L!~.P_~~~.E_!!!.(?!L!~_~_!"!t~.9!!.~-(LE-FI!.g:!S CHEST IN SOME AREAS. --------------------- --------~--------------------------------------- ------------------~-t------------------------------------------------ ---------------------t------------------------------------------------ :::::::::::::::::::::IT:::::::::::::::::::::::::::::::::::::::::::::::: ------~-------------- ------------------------------------------------ --------------------- ------------------------------------------------ --~------------------ ---------------------------------~--------~----- --------------------- ------------------------------------------------ ---------------------1------------------------------------------------ -------------------~ ------------------------------------------------ -----~-------------~- ------------------------------------------------ --------------------- ------------------------------------------------ ---------------------+------------------------------------------------ ---------------------i------------------------------------------------ ---------------- -------------------------------------- --------------------- ---------------------------------------- --------------------- --------------------------------------- -----------------~ . --------.--- --------- . --------------------- ---------------------------------- (Over) ~OI'" 2091 0..,. St"N.1 21 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire PhOM~ n1'..1..'!Wi1?n ... You a~9 he~eby advised that you mus~ ~ak. the ~ollowing steps to abate the nuisance(s) listed in this notice by no late~ than the . following date; (" /. _____~Q~~~_l~_~~~_~___________. STEPS TO BE TAKEN: GRASS AND WEEDS SHALL BE cur BY AUGUST 7 1989 AND MAINTAINED THEREAFTER. -----------------------------------~---------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- --------------------------~------------------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- ----------------------------------------------------~-------------~--- --------------------~------------------------------------------------- -----------------------------------------------------------~---------- -.. ----- ---------------------------------------------- .. ,.----.-.- ...-- . .. .. - --------------------~:-::~=~~~~~-~~~=~~--:::~:~=~------~~~~--~~~~~~-~~~_:~ -------.......... ---------------------------------------------------------------------- --------------------------------------~-----------------------------~- ------------------------------------~--------------------------------- ---------------------------------------------------------------------- --------------~------------------------------------------------------- ---------------------------------------------------------------------- ---~-~---------------------~------------------------------------------ c, ----------~----------------------------------------------------------- . ---------------------------------------------------------------------- ---------------------------------------------------------------------- -------------~-------------------------------------------------------- You are fu~ther advised that you have the ~ight to appeal this o~de~ and notice to the City Council. If you wish to do so, you must file a w~itten request with the city cle~k no late~ than __~u2Mg!_L_12~~__. IF YOU FAIL TO TAKE ORDERED REMEDIAL ACTION AND/OR FAIL TO APPEAL THIS NOTICE AND ORDER TO THE CITY COUNCIL BY ___!~~U~1_~J~~~_____, THE CITY WILL ORDER THE NUISANCE(S) ABATED AND CHARGE ALL COSTS INCURRED THEREIN AGAINST THE REAL ESTATE AS A SPECIAL ASSESSMENT TO BE COLLECTED IN THE SAME MANNER AS PROPERTY TAXES. YOU ARE ALSO ADVISED THAT FAILURE TO ABATE A NUISANCE ON YOUR PART MAY RESULT IN MISDEMEANOR CHARGES BEING FILED AGAINST YOU. By O~de~ of ..--7 /'j1.... _ ~y~/ /'"/' ,// , .' /'/'r,.o / ( / ./ f (' . . "" 1/'/" t. j /' .,. ""y, , e L. _ UL.<L:.:;__~!..-:.._:.;, L~' ~!;.~__ epa~tment oT p'u6..1-{c Safety" , ---' David Mawho~te~ Public Safety Di~ecto~ _i~O;P1 ~' -,tJ..;f:l;~, '?::t- . ,~jILl-'-' (~~ ~~LJ ,,';" - 2'~~'J~/'n('- .. CI/'- 0 U /J ~. ,'0 l' rf' /7A -/-f.' ~(,I),J.:/ L.o., 7 ~' ". .,-- )') " t.L.~" ,. '''-:- ~vv.....~( ~ r/";, ,.tf,/U1 ~ ~. , "~'r( ..) () I ,. ~/ ' CO;;' he-II " J ,,/I,.J1-. .J- ~}1 PetJ( e . (,l&<; / euf . 5~ {$" re-CfJ . )11. 1- ]. J6 It /I \ O~ Jev IV \. "~V1Ce.... ~r fill' # 1?,CJl · \ Co J e. J, g t: 11\..,.<.,kv f1 f q , T..e'j- .. 1- j. I J bJfv/' /1'1 6" 1f<.A9-"5 L..h 01>'1& --1' t01ffl t j....- \ k e J P'- Y \ ,he" a'J OtW0; .\ e /;c.vk \ rJ tOM ~6\ \ /}f/ev I . 1. "'" ( '" tt {" -- () ,) . 1 eJ).t ; 'tv!' {>~ c> g ( tll}- ~ ) Jh: ) oJ r-" +e- O J>~ . ~;1 k ~fe ~J e~ .) 0 'r.Y\ /"'-r.r - - STAFF REQUEST ITEM r. DEPRRTMENT _f?"i.~_~_________________ MEETING DRTE ~#JL______ DES~TION OF REQUEST (Brie~ly outline what the request is> _ ___':'_?~f c___-22.__LZ.!!X.~~S_e.__..d~g...!L___4:.~__d~J~~~_'!._!;?____ --~~~~~~~--~~~~----------------------------------------------- __________~~~~_~~~~~r~~~-~~~~L?~--------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- . --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- . -------------------------------------------------------------------- FINANCIAL IMPACT (Briefly outline associated with this request and needed to fund the request) __~~~~~~~___~~~L2~a~~_____________________________ &.5 ~.JfI C7iC) e:= _______________w~_____________________________________-------------- the cr:rsts, if any, that al'~e the proposed source of the funds --------------------------------------------------------------------- --------------------------------------------------------------------- ------------------------------~-------------------------------------- ADDITIONAL INFORMATION ~TTACHED YES NO ~ ALL COUNCIL REQUEST ITEMS !~H:!EI E<E SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCI.L MEETING cn7::J;O " PLRCED IN THE COUNCIL MRTERIRL PRCKET. SUBMITTED BY ~A df&t-:::::.---=----- ORTE {J$L/Cft____ . (. . . SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES July 24, 1989 4:30 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson Absent: None Also Present: Finance Director Blazek Parks Director Blekum Public Works Director Junker Recording Secretary Schaubach Press: Mike Marsnik, Stillwater Gazette Julie Kink, st. Croix Valley Press CONT_I NllA.T_I QtL OF- _PJ...sC!J,S S__LON_Q.E_J,,9_~ ~.J3J)l)gEr. Parks Department - Council met with Parks Director Blekum to discuss Parks Department budget request for 1990. Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve a permit to consume in Pioneer Park for Stillwater Elks on August 12, 1989, from 5:00 to 9:00 p.m. for 40-50 people. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a permit to consume in Pioneer Park for Dayton Hudson on August 24, 1989, from 11:00 a.m. to 1:30 p.m. for 105 people, with the condition that an officer be present. (All in favor) Public Works - Council met with Public Works Director Junker to discuss the Public Works Department budget request for 1990. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn the ~eeting at 5:45 p.m. (All in favor) MAYOR ATTEST: CITY CLERK Submitted by Shelly Schaubach Recording Secretary '. . . SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES July 25, 1989 4:30 p.m. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Clerk Johnson Traffic Engineer Van Wormer Finance Director Blazek Recording Secretary Schaubach Others: Don Wisniewski, Washington Co. Public Works Dir. Press: Julie Kink, st. Croix Valley Press Mike Marsnik, Stillwater Gazette TRAFFIC PROBLEMS ON ORLEANS AND COUNTY ROAD 5 Council met with Don Wisniewski, Public Works Director for Washington County to discuss the placement of four-way stop signs at Orleans and County Road 5. Mr. Wisniewski stated that the warrants are being met for a four-way stop, but it would involve stopping 10,000 cars on County Road 5 for 1,000 cars on Orleans per day. There was also discussion of possible future development along County Road 5 and its impact on the intersection. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to discuss the possible widening of County Road 5 for left turn lanes, possible widening of Wildpines Lane for a right turn lane, and site of future Curve Crest Blvd. on County Road 5 at the August 15, 1989 meeting. (All in favor) Discussion followed regarding speed zone on County Road 12, and possible three-way stop at the intersection of Greeley and Curve Crest Blvd. STOP SIGJL LOC;\TIONS _IlLTJ:lE CITY OF_ STLLLWATER Traffic Engineer Van Wormer discussed with Council a map of the City of Stillwater showing the locations of all stop signs in the City. Council requested individual copies of the map for futher study. CHANGE ORPER REQUEST - L.I. 251. FOREST HILLS/GREELEY ST. PROJECT Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve Change Order No. 1 for L.I. 251, Forest Hills Frontage Road/South Greeley Area project. (All in favor) 1 stillwater City Council Minutes Special Meeting July 25, 1989 .\ 1990 BUDGET Council met with Finance Director Blazek to continue discussion of the 1990 Budget. Council set Tuesday, August 8, 1989 at 4:30 .m. to discuss the Library budget. i Motion by Counc~llmember Bodlovick, seconded by Councilmember Opheim to adopt t~e appropriate resolution approving the proposed 1990 tax levy. (R,Solution No. 8118) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None Motion by Council~ember Opheim, seconded by Councilmember Farrell to adopt the appr~priate resolution approving the proposed budget for 1990 in the a ount of $4,451,502. (Resolution No. 8117) Ayes - Councilmemb rs Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrah mson Nays - None ADJOURNMENT . Motion by Counci member Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 5:50 p.m. (All in favor) Resolution~1.. No. 8118 - Approvi g the proposed 1990 tax levy No. 8117 - Approvi g the proposed 1990 budget ATTEST: MAYOR CI Y CLERK Submitted by: I Shelly Schaubach t Recording Secretar . ') L. . . . '" t REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 1, 1989 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Attorney Magnuson Public Works Director Junker Consulting Engineer Moore Fire Chief Seim Parks Director Blekum City Clerk Johnson Press: Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press Others: None STAFF REPORTS 1. Public Works Director - Repair of Sewer Truck Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to approve the recommendation of Public Works Director Junker to repair the sewer truck in an amount of $12,500, with an insurance payment of $6,500, leaving a total of $6,000 as the City's cost. (All in favor). No Parking Anytime Sign on Boom Rd. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution posting a IINo Parking Anytimell sign on Boom Road, from Fairy Falls Hill to Highway 95. (Resolution No. 8121) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Mr. Junker briefly discussed the placement of a stop sign at Willard and Third Streets. He will refer this to Glen Van Wormer at Short-Elliott- Hendrickson, Inc. 2. Parks Director - Permit to Consume - Mullenbach Wedding Motion by Councilmember Kimble, seconded by Councilmember Farrell to authorize a Permit to Consume for the Mullenbach Wedding party at Pioneer Park on August 26, 1989. (All in favor). 1 Stillwater City Council Minutes Regular Meeting , August 1, 1989 3. I Consulting Engineer 1- Mr. Moore brought t~e Council up to date on the various construction projects in the Cit~. The grading is 60% complete on L.I. 251, Forest Hills/Greeley St. Prloject. Gradin Plan - L.I. 251, Forest Hills/Greeley St. Project Motion y ouncl1member 10pheim, secon e by Councl1mem er Klmb1e to approve the grading plan and prqcurement of dirt with costs recommended by Consulting Engineer Moore for L.r. !251, Forest Hills/Greeley St. project. (All in favor). I Mr. Moore continued ~ith his report -- the Sunset Ridge Project, L.I. 255, is approximately 80~ complete and the Sixth Street Storm Sewer Project is complete. The Thir~ St. project is nearly complete -- the storm sewer is being put in; the O~leans St. storm sewer has not yet been started. , Change Order No.2, Sunset Ridge Estates, L.I. 255 (addin L.I. 258, Sixth St. Storm Sewer Project) Motion by Councl1mem er 1mb1e, seconded by Counci1member Farrell to approve Change Order No.2 for L.I. 255, Sunset Ridge Estates, to include Storm Sewer construction on 6th and live Streets (L.I. 258) in an amount of $12,650.00. (All in favor). I I Evasive Drivin Cour e for Fire Dept. Personnel Motion y ouncl1member helm, secon e by Councl1member Bod10vick, to approve an evasive drivi g course for Fire Department personnel. (All in favor). 4. Fire Chief - Appreciation Plaques for Charitable Gamblin Organizations Motion y ounCl1member arre 1, secon e y ouncl1member Bo 10vick to authorize the Fire Dept. to purchase appreciation plaques for charitable gambling organizations. (All in favor). rs o lovick, seconded by Counci1member Farrell to .00 for hanging banners in the City by the Fire Dept. zations. (All in favor). Air Pack Alarms for ire Dept. Motion y ouncl1mem er phelm, seconded by Counci1member Farrell to authorize the purchase of 19 PAL a r pack alarms for the Fire Dept. in an amount of $1,757.50 to be paid fro donated funds. (All in favor). 2 ...' \ e\ . . . . . ~ ~ Stillwater City Council Minutes Regular Meeting August 1, 1989 5. City Clerk - St. Mary's Church Banner on Chestnut St. Motion by Councilmember Farrell, seconded by Councilmember Kimble to authorize the placement of a banner on Chestnut St. advertising St. Mary's Church Wild Rice Festival on September 10, 1989. (All in favor). Variance Request - Mitch Hurlburt City Clerk Johnson noted that Mitch Hurlburt's request to set a public hearing for a variance for 1914 No. First St. will be added to the Individual & Delegations portion of the evening agenda. Nuisance Abatement - John S. Steffen, 309 E. Willow St. Motion by Councilmember Farrell, seconded by Councilmember Kimble to set a Public Hearing for an appeal to a nuisance abatement order for John Steffen, 309 E. Willow St., for August 15, 1989 at 4:30 P.M. (All in favor). 6. City Attorney - Nuisance Abatement - Garavalia Property City Attorney Magnuson discussed the nuisance abatement proceedings regarding the Garavalia property located at 1218 So. Second St. This case is continued until September 5, 1989. Parking Lot Behind Grand Garage Building Mr. Magnuson noted that an agreement has been reached regarding the parking lot behind the Grand Garage Building and the lot is now open for use. Lighting of Jaycees Ballfield Discussion followed regarding the lighting of the Jaycees Ballfield on County Highway 12/Myrtle St. The School District agreed to light Field No. 1 with a limit of 10:00 P.M. They dropped consideration of lighting Fields No.2 and 3. Discussion also included drafting an ordinance regulating governmental buildings and property. Parks Director (continued) Handicapped Access in Lowell Park Mr. Blekum initiated discussion of this issue, which was prompted by a memo from Officer Klosowsky who received the complaint from two individuals visiting Lowell Park during Lumberjack Days. He suggested this issue be discussed with the Lumberjack Days Chairperson next year so they do not block access for these people. Council also suggested communicating with the persons making the request. 3 Stillwater City Council Minutes Regular Meeting August 1, 1989 RECESS Motion by councilmember.'BodlOViCk, seconded by Councilmember Kimble to recess the meeting at 5:10 P.M (All in favor) Resolutions: . No. 8121 - No Parking Ariytime signs on Boom Road. ATTEST: CITY QIERK I MAYOR 4 ... -. . . . ;. . . RECESSED MEETING STILLWATER CITY COUNCIL MINUTES August 1t 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovickt Farrellt Kimblet Opheimt and Mayor Abrahamson. Absent: None Also Present: City Attorney Magnuson Consulting Engineer Moore Planning Comm. Chair. Fontaine Planning Ass't. Pung-Terwedo Comm. Dev. Director Russell City Clerk Johnson Mike Marsnikt Stillwater Gazette Julie Kinkt St.Croix Valley Press Duane Elliottt Bill Powellt John Jewellt Joe Noldet Carl Quistt Ed Simonet Jr.t Ed Simonet lIlt Richard Ernstt Richard Ernst Jr.t Tom Nammachert Mitch Hurlburtt Dan Parker (School Dist.)t Mike Larsont Bob Tannert Bob Ahmannt Tom Eichtent Clayton Pattersont Brian Simonett Pastor Forsbergt Leo Lohmert Bob Briggst Charles DoughertYt Judith DoughertYt Kathy Oertlet Jack Oertlet Shelly Michaelist Duane Nelsont Wally Millert Pam Thorsont Phillip Seet Martha Hubbst Pauline Ponath. Press: Others: APPROVAL OF MINUTES - Motion by Councilmember Farrellt seconded by Councilmember Opheim to approve the following minutes as presented: Special Meetingt July 6t 1989; Regular & Recessed Meetingst July 11t 1989; Regular Meetingt July 18t 1989; and Special Meeting July 19t 1989. (All in favor). INDIVIDUALSt DELEGATIONS AND COMMENDATIONS 1. Duane Elliott - Recognition for many years of professional engineering service. Council made special recognition of Duane Elliottt recently retired from Short-Elliott-Hendricksont Inc. Consulting Engineerst for his many years of professional engineering service for the City of Stillwater. 2. Mike Larson - Request to combine two lots to construct a swimming pool at 515 & 521 So. BroadwaYt Thomas Nammachert owner. Mr. Nammacher explained that he owns both lots and would like to construct a pool between the houses on the lots. He would combine the lots before constructing the pool. Council stated a concern regarding bypassing the 1 Stillwater City Council Minutes Recessed Meeting August 1, 1989 e\ public hearing and the opinion of the neighbors. Mr. Nammacher stated he has talked to the n ighbors and they are in favor of the pool. City Attorney Magnuson sated that when the substantial rights of others are not involved, the C uncil may proceed without the public hearing. Motion by councilmembert' Bodlovick, seconded by Councilmember Kimble to approve the request and plans 0 Thomas Nammacher, 517 Broadway St., for a variance to construct a swimming po 1 in the sideyard with the condition that the two lots must be united into one! lot. (All in favor). i I 3. Set Public Hearin ate for Mitch Hurlburt, 1914 No. First St. Motion y ouncilmernberlOphelm, secon e y ouncllmember Klm e to refer the request for a variance ~t 1914 No. First St. from Mitch Hurlburt to the Planning Commission on ~ugust 14 and to the Council for a public hearing on August 15, 1989. (All ~n favor). I PUBLIC HEARINGS 1 1. This is the day and time for the Public Hearing on a request for a Preliminary Plat Ap roval to subdivide an 8.68 acre lot into two lots of 2.87 and 5.81 acres! at the northwest corner of the intersection of Washington Ave. andiCurve Crest Blvd. in the Industrial Pk. Dist., Curve Crest Properties, A plicant. Case No. SUB/89-35. Notice of the earing was published in the Stillwater Gazette on July . 21, 1989 and copies were mailed to affected property owners. Public Hearing No. ,request for Preliminary Plat Approval for Curve Crest Properties in the Industrial Pk., Case No. SUB/89-35, was continued to the September 5, 1989 meeting at the request of the applicant. 2. This is the day and time for the Public Hearing on a Variance Request to the sideyard & rear ard setback requirements (22 ft. corner sideyard, 2 ft. rearyard propos d; 30 ft. corner sideyard & 5 ft. rearyard required) for the constructio of a garage at 820 W. Pine St. located in the RB, Two Family Residential ist., Carl B. Quist, Applicant. Case No. V/89-38. Notice of the earing was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. Ms. Pung-Terwedo ex lained the request and the Planning Commission approved it. Mayor IAbrahamson closed the public hearing. Motion by Councilmember iKimble, seconded by Councilmember Opheim to approve a Variance Request to the sideyard & rearyard setback requirements (22 ft. corner sideyard, 2 ft. rearyard proposed; 30 ft. corner sideyard & 5 ft. rearyard required) for he construction of a garage at 820 W. Pine St. located in the RB, Two Family Residential Dist., as conditioned, Carl B. Quist, Applicant. Case No. V/89-38. (All in favor). 2 . . . . Stillwater City Council Minutes Recessed Meeting August 1, 1989 3. This is the day and time for the Public Hearing on a Variance Request to the sideyard and rearyard setback requirements (2 ft. sideyard & 4 ft. rearyard proposed, 5 ft. sideyard & 5 ft. rearyard required) for the construction of a garage at 416 No. Greeley St. in the RB, Two Family Residential Dist., Tom Eichten, Applicant. Case No. V/89-39. Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. Planning Assistant Pung-Terwedo presented background on the request which the Planning Commission approved. Mayor Abrahamson closed the hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve a Variance Request to the sideyard and rearyard setback requirements (2 ft. sideyard & 4 ft. rearyard proposed, 5 ft. sideyard & 5 ft. rearyard required) for the construction of a garage at 416 No. Greeley St. in the RB, Two Family Residential Dist., as conditioned, Tom Eichten, Applicant. Case No. V/89-39. (All in favor). 4. This is the day and time for the Public Hearing on a request for a Design Permit & Variance to the Sign Ordinance for the placement of an awning sign, change copy on canvas sign & add three pennants on the Grand Garage Bldg. at 324 So. Main St. located in the CA, General Comm. Dist., Robert Tanner, Applicant. Case No. DP/V/89-40. Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo explained the request, adding this will be a reduction in signage. The Planning Commission approved the request. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve a request for a Design Permit & Variance to the Sign Ordinance for the placement of an awning sign, change copy on canvas sign & add three pennants on the Grand Garage Bldg. at 324 So. Main St. located in the CA, General Comm. Dist., as conditioned, Robert Tanner, Applicant. Case No. DP/V/89-40. (All in favor). 5. This is the day and time for the Public Hearing on a Special Use Permit request to operate a Latch-Key Program (before & after school child care) at Stonebridge Elementary School located at 900 No. Owens St. in the RA, One Family Residential Dist., Ind. School Dist #834, Applicant. Case No. SUP/89-41. Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. 3 Stillwater City Council Minutes Recessed Meeting August 1, 1989 . Ms. Pung-Terwedo lained the request, stating a similar program was approved for Oak Pa k Heights School with good results. Mayor Abrahamson closed the public h aring. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve a Special Use Permit requ st to operate a Latch-Key Program (before & after school child care) at S onebridge Elementary School located at 900 No. Owens St. in the RA, One Fami y Residential Dist., as conditioned, Ind. School Dist. #834, Applicant. Case o. SUP/89-41. (All in favor). 6. This is the day and time for the Public Hearing on a Variance request to the Sign Ordinance or the placement of two additional signs for the new TCF Bank in the Cub Foods Store, 2001 Washington Ave. in the IP-C, Industrial Park Com. Dist., Color Sign Systems, Applicant. Case No. V/89-44. Notice of the earing was published in the Stillwater Gazette on July 21, 1989 and m iled to affected property owners. Ms. Pung-Terwedo ex lained the signage request, for the TCF Bank in the Cub Foods Store, ad ing that this request fits the sign plan for the Cub Foods Building. Ma or Abrahamson closed the public hearing. Motion by CouncilmemberhFarrell, seconded by Councilmember Opheim to approve a Variance request to t e Sign Ordinance for the placement of two additional signs for the new TCF B nk in the Cub Foods Store, 2001 Washington Ave. in the IP-C, Industrial Park C m. Dist., Color Sign Systems, Applicant. Case No. V/89-44. (All in favor). . 7. This is the day and time for the Public Hearing on a Special Use Permit request for the placement of a new sign at the Oakridge Community Church, 610 Co. Rd. 5 locat d in the RA, Single Family Residential Dist., Oakridge Community Church, Applicant. Case No. SUP/89-45. Notice of the Haring was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. Ms. Pung-Terwedo presented the request and background of the sign plan. It will be in a new ~ocation, internally illuminated and will be turned off by 11:00 P.M. M yor Abrahamson closed the public hearing. He then asked Council to con ider refunding the application fee for this request and similar requests of churches and non-profitable organizations. Motion by Councilmember pheim, seconded by Councilmember Bodlovick to approve a Special Use Permit req est for the placement of a new sign at the Oakridge Community Church, 610 Co Rd. 5 located in the RA, Single Family Residential Dist., with a refund of he permit fee, for Oakridge Community Church, Applicant. Case No. SUP 89-45. (All in favor). 4 . . . . Stillwater City Council Minutes Recessed Meeting August 1, 1989 8. This is the day and time for the Public Hearing to consider Preliminary Plat Approval for a subdivision containing 42 single family homes on GIst St. (directly behind Greeley Square) in the RB, Two Family Residential Dist., Parlay Group (Richard Ernst II), Applicant. Case No. PUB/89-50. Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. 9. This is the day and time for the Public Hearing to consider a Subdivision request for forty-two single family lots, with a zero sideyard setback, off new GIst St. (directly behind Greeley Square) in the RB, Two Family Residential Oist., Parlay Group (Richard Ernst II), Applicant. Case No. SUB/89-49. Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and mailed to affected property owners. Community Development Director Russell explained the background for both requests No. 8 and 9. He stated the area was rezoned approximately one year ago from Industrial to Duplex Residential. This request would subdivide the property into 42 single-family lots with a zero sideyard setback. Mr. Fontaine stated the Planning Commission approved the request. He stated this is less dense than originally planned. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to grant Preliminary Plat Approval for a subdivision containing 42 single family homes on GIst St., Case No. PUD/89-50.; and a Subdivision request for forty-two single family lots, with a zero sideyard setback, off new GIst St. (directly behind Greeley Square) in the RB, Two Family Residential Oist., as conditioned, Parlay Group (Richard Ernst II), Applicant. Case No. SUB/89-49. (All in favor). 10. This is the day and time for the continuation of the Public Hearing to determine whether the building located at 1218 So. Second St. and legally described as Lot 10, Block 3, Churchill and Nelson Second Addition, should be razed, removed and demolished. City Attorney Magnuson presented the Development Agreement between the City and Mr. Garavalia which provides for the clean-up and repair of Mr. Garavalia's property at 1218 So. Second St. Motion by Councilmember Opheim, seconded by Councilmember Farrell instructing the Mayor and Clerk to sign the agreement between the City and Louis Garavalia regarding the nuisance abatement for his property at 1218 So. Second St.; and to continue the hearing until September 5, 1989 to determine whether the building located at 1218 So. Second St. and legally described as Lot 10, Block 5 Stillwater City Council Minutes Recessed Meeting August 1, 1989 . 3, Churchill and Nelson I Second Addition, should be razed, removed and demolished. (All in fa~or). 11. This is the day andjtime for the Public Hearing on consideration of a Zoning Map Amendmen to rezone lots 4 & 5 (currently designated 6 & 7) of Dallager's Estates rom RB, Two Family Residential to RA, One Family Residential. Case o. ZAM/89-43. Notice of the ~earing was published in the Stillwater Gazette on July 21, 1989 and cOPieslwere mailed to affected property owners. Ms. Pung-Terwedo ex~lained the request, stating it was initiated by the neighbor at 1025 W. !Sycamore St. Ed Simonet, Jr. stated he acquired the property in bankrup~cy Court and they are against the rezoning because this was one of the Ireasons they bought the lots. They would like to build accordingly. Ed Si~onet, III also spoke in favor of keeping the present zoning for these lo~s. He stated he would be willing to negotiate with the neighbors. ' Shelly Michaelis, 1 41 Dallager Ct., stated she has a petition with 36 signatures for the ezoning. She questioned whether the Simonets actually own the property at this time and stated they acquired an interest in the property because of an error and did not purchase it. Duane Nelson, stated all the surrounding property owners did not know these lots were zon d multi-family. . , Discussion followed regarding the process to follow for rezoning. Motion by Councilmember imble, seconded by Councilmember Bodlovick to recess to a brief Executive Ses ion regarding the above issue. (All in favor). Council reconvened a 8:28 P.M. Motion by Councilmember arrell, seconded by Councilmember Bodlovick to refer the request for a Zoning Map Amendment to rezone lots 4 & 5 (currently designated 6 & 7) of Dal ager's Estates from RB, Two Family Residential to RA, One Family Residential t the Planning Commission. Case No. ZAM/89-43. (All in favor). 12. This is the day and ime for the Public Hearing on a Variance Request to the rear & sideyard etback requirements for the renovation of an existing Carriage House into personal living quarters with one Bed & Breakfast room with the main structpre being reduced to eight Bed & Breakfast rooms located at 306 W. Oltve St. in the ROM, Medium Density Residential Dist., Charles & Judith Dou~herty, Applicants. Case No. V/89-37. ! 6 . . . . Stillwater City Council Minutes Recessed Meeting August 1, 1989 Notice of the Hearing was published in the Stillwater Gazette on July 21, 1989 and copies were mailed to affected property owners. Mr. Russell opened the discussion by explaining the converted carriage house would become the owners quarters and a visitor's bedroom would be transferred from the main house to the Carriage House. He stated a variance was received by a former owner to convert the Carriage House into living quarters, but added that no changes were to be made to the exterior of the building. Mr. Magnuson stated the previous variance goes with the property. The Planning Commission denied the request because there was no significant difference from a previous request which was denied for Mr. Dougherty. Bob Briggs, attorney for the Dougherty's, stated they do not need a variance to remodel the inside and live in the Carriage House, but they would like to remodel the exterior and change the mix of living units. Leo Lohmer, 303 W. Olive St., stated a concern for the number of rooms, and whether the Carriage House would become another Bed and Breakfast. Also the Bed and Breakfast should be owner-occupied. He has had damage to his property when the previous owner was absent. Wally Miller, owner of the Jefferson Day House in Hudson, stated "on-site" means the owners reside on the property limits and living in the Carriage House would accommodate this. Jack Oertel, 118 So. Fifth St., would like to see the commercial character controlled. The original variance was granted, but never accomplished. The neighbors are tired of coming to public hearings regarding variances, etc. Pam Thorson, owner of the Thorwood Inn in Hastings, stated it is inappropriate to blame Chuck and Judy for past problems with the Inn, it is owner occupied and they are not increasing the number of rooms -- only moving one room from the house to the Carriage House and they are making a name for historic preservation. The ordinance in Hastings limits number of residents to square footage of property. Mr. Lohmer stated the improvements made by the Fenelons were not made so they should be void. Mr. Russell stated he is not aware of any violations being made. Phillip See, 318 W. Olive St., who lives next door to the Rivertown Inn, stated he is in favor of the change in the amendment -- this is not a 7 Stillwater City Council Minutes Recessed Meeting August 1, 1989 . hotel operation andlthe Dougherty's attend to their guests personally -- there are no problems. I Martha Hubbs, 626 N . Fourth St., addressed three arguments -- parking, traffic and enforc ent of nine Bed & Breakfast rooms. The Dougherty.s stated they would t ke care of all these, and now there is the preservation issue. The house will not be restored if there is no financial way to do it. I Jack Oertel asked iJ the Carriage House property could be separated from the main house -- tHen there would be two residences and could be sold separately. More diiscussion followed. City Attorney Magnuson stated with the 1985 condition, lit could never be separated. John Jewell stated ihe Carriage House was just a barn when he was young. Mayor Abrahamson Clj'sed the public hearing and discussion followed. Mr. Magnuson stated a v riance is different from a Special Use Permit and goes with the land. Mr. Dougherty state they are only adding decks and an entry way for outside remodeling, Ithe rest of the building remains the same. Further discussion included the additions being made to the exterior of the building, the v riance as it was stated in 1985 and what the Dougherty.s are all wed to do at this point. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to deny the request to remodel the Carriage House as presented in the plans, Charles & Judith Dougherty, Applicants, Case No. V/89-37. (Ayes - 3; Nays - 2, Councilmembers Kimble and Opheim). . Moti on by Council member imbl e, seconded by Councilmember Opheim to approve the exterior design of t e Carriage House only, as submitted in the plans, Charles & Judith Dougher y, Applicants, Case No. V/89-37. (Ayes - 2; Nays - 3, Councilmembers Bodlov'ck, Farrell and Mayor Abrahamson). Motion by Councilmember ,odlovick, seconded by Councilmember Farrell to deny the request for one Bed ~ Breakfast Room to be placed in the Carriage House, Charles & Judith DougherfY, Applicants, Case No. V/89-37. (Ayes - 4; Nays - 1, Councilmember Kimble)~ Council recessed for five minutes and reconvened at 9:50 P.M. UNFINISHED BUSINESS 8 . . . . Stillwater City Council Minutes Recessed Meeting August 1, 1989 1. Continuation of discussion and decision regarding the closing of the Levee Road. Council discussion followed with the following points: the Levee Rd. is used Mon. through Fri. as a business access, it is a local issue, it is premature to close it before the Downtown Plan and the new river bridge are in place, to close it for special events, and possible posting of vehicle weight limits. Brian Simonet, representing Simonet's Furniture, stated this is not a visitor vs. tourist issue -- it is a business vs. entertainment issue. Pauline Ponath, 1313 So. Fifth St., presented her own survey of cars using the Levee Road. No action was taken. 2. Possible second reading of an ordinance amending the Liquor Ordinance as it relates to Off-Sale liquor stores and hours of operation. Motion by Counci1member Bod10vick, seconded by Counci1member Opheim to have a second reading and enactment of an Ordinance changing Section 43.01 of the Liquor Ordinance as it relates to hours of operation. (Ordinance No. 709). Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Application for Payment No.2 & Final Payment - Industrial Park Drainage Improvements, L.I. 240 & 250 (Resolution No. 8120) Motion by Counci1member Farrell, seconded by Counci1member Bod10vick, to adopt the appropriate resolution approving Final Payment for L.I. 240 & 250, Industrial Park Drainage Improvements. (Resolution No. 8120) Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motion by Counci1member Bod10vick, seconded by Counci1member Farrell to approve the Consent Agenda of August 1, 1989, including the following: (All in favor). 1. Directing Payment of Bills - (Resolution No. 8119). Ayes - Counci1members Bod10vick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 9 Stillwater City Council Minutes Recessed Meeting August 1, 1989 . 2. Contractor's Licens s. American Remodeling, In . 4949 W. Royal Ln. i Irving, Tx 75063 ' Befort Roofing, Inc. Roofing 336 W. Water St. St. Paul, Mn. 55107 1 Carlson Automatic Fire rotection Co. Fire Sprinklers 12488 Xenwood Ave. So. Savage, Mn. 55378 ; Dakota Fence Co. I Fencing 3480 Upper 149th St. P.O. Box 18 Rosemount, Mn. 55068 General Contractor Renewa 1 Renewa 1 New Renewal Thomas Finn Co. 615 Drake St. St. Paul, Mn. 55102 Roofing Renewal Fredkove Construction, Inc. 4220 Osgood Ave. No. Stillwater, Mn. 55082 General Contractor Renewa 1 . Renstrom Construction 8525 140th St. No. Hugo, Mn. 55038 General Contractor New T & M Construction 5969 No. Stagecoach Trail Stillwater, Mn. 55082 General Contractor Renewa 1 3. - American Le ion Post No. 48. Park. 2. Letter from City Att rney re arding vacation of ortion of Oak St. lty Attorney Magnus n presente a letter a resslng the reservatlon of a broad utility easeme t in the vacation of this portion of Oak Street because the water an sewer mains are placed askew in the street and crisscross each othe near the middle of the street. 10 . Stillwater City Council Minutes Recessed Meeting ~ August 1, 1989 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to repass and adopt the appropriate resolution vacating a portion of Oak St. between Grove and Hemlock Streets. (Resolution No. 8107). Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Washin ton Co. Letter - Pine Point Pk. Master Plan Meetin purposes on y -- no ac 10n was COUNCIL REQUEST ITEMS Councilmember Bodlovick presented a report on the League of Minn. Cities conference committee. Councilmember Opheim initiated discussion of the priority system for construction of bridges as stated in the study presented by the Major River Crossing Task Force of the Metro Council. Council asked Staff to review the study and send comments to the Task Force. . ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 10:25 P.M. (All in favor). Resolutions: No. 8107 - Repass - Vacation of Oak St. between Hemlock & Grove Streets. No. 8119 - Directing Payment of Bills. No. 8120 - Final Payment for L.I. 240 & 250, Industrial Park Drainage. Ordinances: No. 709 - Amendment to Liquor Ordinance as it relates to hours of operation. MAYOR ATTEST: CITY CLERK . 11 . . . " Member then introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,095,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. (a) This Council, by Resolution No. 8109, adopted July IS, 1989, authorized the issuance and public sale of $1,095,000 General Obligation Improvement Bonds, Series 1989A (the Bonds) to finance various public improvements, as described in Resolution No. 8109. (b) Notice of sale of the Bonds has been duly published. Pursuant to the Official Terms of Offering and Notice of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable bid received is that of of , , and associates (the Purchaser) to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. (c) The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and Clerk are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with the terms of the bid. The good faith check of the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. The good faith checks of other bidders shall be returned to them forthwith. Section 2. Bond Terms; Registration; Execution and Delivery. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the -2- State of Minnesota ~o be done, to exist, to happen and to be performed precedent ito and in the valid issuance of the Bonds having been done, existing ,having happened and h.aving been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to iss~e the Bonds forthwith. . 2.02. Mat rities; Interest Rates; Denominations; Payment. The Bonds shall be designated General Obligation Improvement Bonds,~eries 1989A, shall be originally dated as of September 1, 198 , shall be in the denomination of $5,000 each, or any integr 1 multiple thereof, of single maturities, shall mature on Feb luary 1 in the years and amounts stated below, and shall be~r interest from date of issue until paid or duly called for red~mption at the annual rates set forth opposite such years land amounts, as follows: I Yea r I Amount Interest Rate 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 $105,000 110,000 110,000 110,000 110,000 110,000 110,000 110,000 110,000 110,000 . The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal offic of the Registrar described herein, the principal amount th reof, shall be payable by check or draft issued by the Registrar described herein. 2.03. Oat S' Interest Pa ment Dates. Each Bond shall bear an original issue date of September 1, 1989, and the Registrar shall pIa e the date of authentication on each Bond as of the date of i~s authentication and delivery. The interest on the Bon~s shall be payable on February 1 and August 1 in each yealr, commencing August 1, 1990, to the owner of record thereof a~ of the close of business on the fifteenth day of the immediatillY preceding month, whether or not such day is a business day. 2.04. Regilstration. The Issuer shall appoint and maintain a bond reg~strar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: . -3- " . (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. . (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) I Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the bond re9ister as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered . -4- ~ owner or upon ~he owner's order shall be valid and effectual to s~tisfy and discharge the liability upon Bond to the extent f the sum or sums so paid. . (g) Taxes, Fees and Char es. For every transfer or exchange of IBonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. I (h) utilated, Lost Stolen or Destro ed Bonds. In case any Bon shall become mutilated or be destroyed, stolen or 10st,1 the Registrar shall deliver a new Bond of like amount, nU~ber, maturity date and tenor in exchange and substitutio for and upon cancellation of any such mutilated Bond r in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expe~ses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,1 upon filing with the Registrar of evidence satisfactory tOI it that the Bond was destroyed, stolen or lost, and of th~ ownership thereof, and upon furnishing to the Registrar o~ an appropriate bond or indemnity in form, substance and a~ount satisfactory to it, in which both the . Issuer and the egistrar shall be named as obligees. All Bonds so surren ered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If thet'mutilated, destroyed, stolen or lost Bond has already mat red or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bon prior to payment. (i) Authenticating Agent. The Registrar is hereby designat~d authenticating agent for the Bonds, within the mean ng of Minnesota Statutes, Section 475.55, Subdivision 1, s amended. 2.05. A intment of Initial Re istrar. The Issuer hereby appoints , , Minne ota, as the initial Registrar and Paying Agent for the Bonds I The Mayor and the Clerk are authorized to execute and deliver on behalf of the Issuer, a contract with the Registrar. Upo merger or consolidation of the Registrar with another corpor tion, if the resulting corporation is a bank or trust compa y authorized by law to conduct such business, such corp ration shall be authorized to act as successor Registrarf The Issuer agrees to pay the reasonable and customary ChargjS of the Registrar for the services I · I -5- I I I I ~ . . . performed. The Issuer reserves the right to remove the' Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Redemption. Bonds maturing in the years 1991 through 1996 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1997 through 2000 shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in inverse order of maturity dates and by lot, selected by the Registrar in multiples of $5,000, within any maturity, on February I, 1996, and-any interest payment date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Clerk shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.04 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Vpon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Clerk, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the, delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the -6- manual signature ofian authorized representative of the . Registrar. Certifi~ates of authentication on different Bonds need not be signed ~y the same representative. The executed certificate of auth,ntication on each Bond shall be conclusive evidence that it ha$ been authenticated and delivered under this Resolution. WI'en the Bonds have been prepared, executed and authenticated, he Clerk shall deliver them to the Purchaser upon paym nt of the purchase price in accordance with the contract of sal heretofore executed, and the Purchaser shall not be obliga ed to see to the application of the purchase price. I 2.08. For: of Bonds. The Bonds shall be prepared in substantially the fllowing form: . . -7- ~ . . . [Face of the Bonds] NO. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1989A Rate Date of Original Issue Maturi ty CUSIP September 1, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA (the Issuer), a duly organized and existing municipal corporation, acknowledges itself to be indebted and for value received hereby ~romises to pay to the registered owner specified above, or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 1990, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond prior to its stated maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by in, , as Bond Registrar and Paying Agent (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. , Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -8- ,. This Bond Shall not be valid or become Obligatory for . any purpose or be e~titled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized r~presentatives. IN WITNEssl WHEREOF, the City of Stillwater, Washington County, Minnesota, py its City Council, has caused this Bond to be executed on its pehalf by the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth pelow. Dated: CITY OF STILLWATER, MINNESOTA (facsimile) Mayor Attest: (facsimile) City Clerk ! ! CE~TIFICATE OF AUTHENTICATION This is onl of the Bonds delivered pursuant to the Resolution mentione4 within. I I . as Registrar By Authorized Representative . -9- ~ . . . [Reverse of the Bonds] This Bond is one of a series in the aggregate principal amount of $1,095,000, all of like date and tenor, except as to maturity date, interest rate, denomination and redemption provision, issued, pursuant to a resolution adopted by the City Council on August 15, 1989 (the Resolution), to finance the costs of local improvements and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds of this series are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds of this series maturing in 1996 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1997 and later years are each subject to redemption and prepayment at the option of the Issuer, in whole or in part, and if in part in inverse order of maturity dates and by lot, as selected by the Registrar in multiples of $5,000, within any maturity, on February 1, 1996 and any interest payment date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The Issuer will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the date specified for redemption, will cause notice of the call thereof to be mailed, by first class mail, to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Issuer shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. Bonds of ;this series have been designated as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Issuer at the principal office of the -10- ~ Registrar, by the registered owner hereof in person or by the owner's attorney dulY authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the IRegistrar, duly executed by the registered owner or the owner'S attorney; and may also be surrendered in exchange for Bonds ~f other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued ~n the name of the transferee or registered owner, of the same ~ggregate principal amount, bearing interest at the same rate an~ maturing on the same date, subject to reimbursement for a y tax, fee or governmental charge required to be paid with res ect to such transfer or exchange. I The Issuer land the Registrar may deem and treat the person in whose nam~' this Bond is registered as the absolute owner hereof, wheth r this Bond is overdue or not, for the ' purpose of receivin payment and for all other purposes, and nei ther the Issuer ,or the Registrar shall be affected by any notice to the contr~ry. I IT IS HEREay CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, cond~tions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen anq to be performed preliminary to and in the issuance of this Bo~d in order to make it a valid and binding general obligation qf the Issuer in accordance with its terms, have been done, do ~'xist, have happened and have been performed as so required; tha , prior to the issuance hereof the City Council has by the esolution covenanted and agreed to levy special assessments upon property specially benefited by the local improvements Sinanced by the Bonds, which special assessments will be Icollectible for the years and in amounts sufficient to produqe sums not less than 5% in excess of the principal of and in~erest on the Bonds of this series when due, and has appropriateq such special assessments to its Series 1989A Improvement Bnd Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable propert in the Issuer, without limitation as to rate or amount; and that the issuance of this Bond, together with all other inde tedness of the Issuer outstanding on the date hereof and on he date of its actual issuance and delivery, does not ~ause the indebtedness of the Issuer to exceed any consti tptlional or statutory limitation of indebtedness. I I . . . -11- " . . . (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Stillwater, Washington County, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk (Facsimile Signature) Mayor The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common (State) Act. . . . Additional abbreviations may also be used though not in the above list. -12- .. ASSIGNMENT For value teceived~ the undersigned hereby sells" assigns and transfets unto the within Bond and,all rights thereunder, and does hereby irrevocably constit~te and appoint attorney to tranSfej' the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. I Signature Guarantee~: I Signature(s) must b~ guaranteed by a national bank company or by a bro erage firm having a membership the major stock exc anges. PLEASE INSERT SOCIA~ SECURITY OR OTHER i IDENTIFYING NUMBER qF ASSIGNEE: or trust in one of / -13- " . . . . . . Section 3. Use of Proceeds. There is hereby established on the official books and records of the Issuer a Series 1989A Improvement Construction Fund (the Construction Fund), and the Finance Director shall continue to maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds, exclusive of unused discount and accrued interest, an amount equal to the estimated cost of the improvements and from the Construction Fund there shall be paid all construction costs and expenses. There shall also be credited to the Construction Fund all special assessments collected with respect to the improvements financed by the Bonds, until all costs of the improvements have been fully paid. After payment of all construction costs, the Construction Fund shall be discontinued and any Bond proceeds remaining therein may be transferred to the other funds or accounts established for construction of other improvements instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the Series 1989A Improvement Bond Fund of the Issuer. All proceeds of the Bonds deposited in the Construction Fund will be expended sOlely for the payment of the costs of the improvements referred to in Section 1 hereof (or other improvements authorized pursuant to Chapter 429). All improvements so financed will be owned and maintained by the Issuer and available for use by members of the general public on a sUbstantially equal basis. The Issuer shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the improvements or security for the payment of the Bonds which might cause the Bonds to be ,considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Internal Revenue Code of 1986, as amended (the Code). Section 4. Series 1989A Improvment Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service fund on the official books and records of the Issuer to be known as the Series 1989A Improvement Bond Fund (the Bond Fund) and the principal of and interest on the Bonds shall be payable from the Bond Fund. The Issuer irrevocably approariates to the Bond Fund (a) any amount in excess of $1,080,765 received from the Purchaser; (b) all taxes and special assessments levied and collected in accordance with this Resolution; and (c) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all -14- ~ Bonds payable there~rom, the payment shall be made from any fund of the Issuer ~hich is available for that purpose, subject to reimbursement fram the Bond Fund when the balance therein is sufficient, and the :City Council covenants and agrees that it will each year levy ia sufficient amount to take care of any accumulated or anti~ipated deficiency, which levy is not subject to any cons~itutional or statutory tax limitation. I . Section 5. Special Assessments. The Issuer hereby covenants and agrees that, for the payment of the cost of improvements financ d by the Bonds the Issuer has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of ~ach of the improvements financed by the Bonds, and the Issue!r estimates it wi 11 levy assessments in the aggregate principal Ilamount of $1,081,897. The principal of the assessments shall be payable in not more than 10 installments, with interest on unpiaid installments thereof from time to time at the rate of approximately 8.50% per annum. It is estimated that the principal and.interest on such special assessments will be collected in the years and amounts as follows: 1990 $219,802 1991 190,954 1992 181,758 1993 172,562 1994 163,366 1995 154,169 1996 144,974 1997 135,778 1998 126,582 . 1999 117,392 I In the event any sucl assessment shall at any time be held invalid with respectrto any lot or tract of land, due to any error, defect or irr~gularity in any action or proceeding taken or to be taken by th~ Issuer or by the City Councilor by any of the officers or e~ployees of the Issuer, either in the making of such asses~ment or in the performance of any condition precedent ~hereto, the Issuer hereby covenants and agrees that it wilJ torthwith do all such further things and take all such further proceedings as shall be required by law to make such assessm~nt a valid and binding lien upon said property. ~ollection i Year I I I I Amount . . -15- " . . . Section 6. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. It is estimated that the collections of special assessments as set forth in Section 5 will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, and therefore no ad valorem taxes need be levied at this time. Section 7. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or earlier designated redemption date. , Section 8. Registration of Bonds. The Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Washington County, together with such additional information as the Auditor may require, and to obtain from the Auditor a certificate that the ) . Bonds have been duly entered upon the Auditor's bond reglster. Section 9. Authentication of Transcript. The officers of the Issuer and Washington County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified copies of all -16- ~ proceedings and recQrds relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and cqntrol or as otherwise known to them, and all such certified qopies, affidavits and certificates, including any heretdfore furnished, shall be deemed representations of ~he Issuer as to the correctness of all statements contained therein. . Section 10'1 Official Statement The Official Statement relating to the Bon~s, dated August 2, 1989, prepared and delivered on behalf ~f the Issuer by Springsted Incorporated, is hereby approved, land the officers of the Issuer are hereby authorized and direc:ted to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof.1 Section 11.: Tax Covenant. I (a) The IssUer covenants and agrees with the holders from time to time of the Bonds herein authorized, that it will not take, or permit 'to be taken by any of its officers, employees or agents, i any action which would cause the interest payable on the Bondsl to become subject to taxation under the Internal Revenue Codb of 1986, as amended (the Code) and Treasury Regulationsl (the Regulations) issued thereunder, in effect at the time o~ such action, and that it will take, or it will cause its OffiC~' rs, employees or agents to take, all affirmative actions ithin its powers which may be, necessary to ensure that such int rest will not become subject to taxation under the Code and a plicable Treasury Regulations, as presently existing o~ as hereafter amended and made applicable to the Bonds. . (b) From and after February 1, 1996, the Finance Director shall asceri' ain, each time a deposit is made to the Bond Fund, the amoun on deposit in the Bond Fund. If the amount on deposit th rein ever exceeds by more than a "minor portion" ($54,750) t e aggregate amount of principal and interest due and payrble on the Bonds through the next following February l~ plus a reasonable carryover as permitted by the Code and appl~cable Regulations, such excess shall either (i) not be jnyested except at a yield less than or equal to the yield on the ~onds, computed in accordance with Section 148 of the Code, or tii) be used to purchase or to prepay and redeem Bonds. The I suer reserves the right to amend the provisions of this s ction at any time, whether prior to or after the delivery Of the Bonds, if and to the extent the City Council determines t~at the provisions of this section are not I I . -17- " . . . necessary, or otherwise require amendment, in order to assure that the Bonds are not arbitrage bonds under the Code and the applicable Regulations. (c) The Mayor and the Clerk being the officers of the Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and the applicable Regulations. Section 12. Arbitrage Rebate Exemption. It is hereby found that the Issuer has general taxing powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the Issuer, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the Issuer and all subordinate entities thereof during the year 1989 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(C) of the Code, the Issuer shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section l48(f) of the Code. Section 13. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities during calendar year 1989 does not exceed $10,000,000. Mayor Attest: Clerk -18- " The motion for the adoption of the foregoing resolution was duly peconded by Member and upon . vote being taken the~eon. The following voted in favor thereof: and the following vojed against the same: i whereupon the resolu~ion was declared duly passed and adopted. . . -19- ~ . . . ~ Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING FORM AND DETAILS AND PROVIDING FOR PAYMENT OF $700,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989B BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: Section 1. Project and Plan. 1.01. This Council has heretofore duly established a municipal development project in and for the City known as Development District No. 1 (the Project) and has established a redevelopment tax increment financing district therein known as Tax Increment Financing District No.1 (the District). This Council has approved a Development Plan, as amended, for the Project (the Development Plan) and a Tax Increment Financing Plan, as amended, for the District (the Financing Plan) (together, the Development Plan and the Financing Plan are hereinafter referred to as the Plan); all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134 and 469.174 through 469.179 (the Acts). 1.02. The Project constitutes a "development district" as defined in Section 469.125, subd. 8, and the District a "redevelopment tax increment financing, district" within the meaning of Section 469.174, subd. 10, and thus the City has authority under Sections 469.174 through 469.179 to expend ad valorem tax increments derived from the District to pay public costs incurred or to be incurred by the City in aid of the Project, or to pay the principal of and interest on bonds issued to finance such costs, in accordance with said Plan, and the City has authority to issue bonds to provide funds for the public costs of the Project, as provided in Section 469.178. 1.03. The City has advertised the sale of $700,000 General Obligatio~ Taxable Tax Increment Bonds, Series 1989B (the Bonds), to provide funds to pay the costs of the Incstar Corporation development as set forth in the Plan and in Exhibit A attached hereto, has received an offer from of , to purchase the Bonds for a price of $ plus accrued interest on all the Bonds to the date of delivery, and hereby awards the sale of the t' Bonds to said purch~ser. The Mayor and City Clerk are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds in accordance with the terms of said bid. The good faith check of the successful bidder shall be retained an~ deposited by the Finance Director. The good faith checks ofl other bidders shall be returned to them forthwith. The Bonds shall be issued and secured as now provided in this reS'[lution. Section 2. Bond Terms, Execution and Delivery. 2.01 The B nds shall be designated "General Obligation Taxable Tax Increment Bonds, Series 1989B," shall be originally dated September I, 1989, and shall be in the denomination of $5,000 or any integral multiple thereof, and the Bonds shall matu~e on February 1 in the respective years and amounts stated b low, and shall bear interest from date of issue until paid or uly called for redemption, at the rates set forth opposite s~id years and amounts as follows: ! . Yerr Amount Rate 1992 $ 50,000 % 1993 50,000 19~4 55,000 19~5 60,000 . IT 65,000 19 7 70,000 19 8 75,000 19 9 85,000 20 0 90,000 20 1 100,000 2.02. Each Bond issuable hereunder shall be dated as of the last interest payment date preceding the date of execution to which i terest on the Bond has been paid or made available for payment' unless (i) the date of execution is an interest payment dat to which interest has been paid or made available for paymen" in which case such Bond shall be dated as of the date of eX!Cution, or (ii) the date of execution is prior to February I, 1990, in which case such Bond shall be dated as of Septembe I, 1989. The interest on the Bonds shall be payable by check r draft of the Agent (as hereinafter defined) on Februa~yil and August 1 in each year, commencing February I, 1990, to the owner of record thereof as of the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. . -2- . 2.03. The Bonds issuable hereunder shall be fully registered as to both principal and interest. The City hereby appoints , in , to act as bond registrar, transfer agent and paying agent (the Agent), and agrees to pay reasonable and customary charges for the services of the Agent. (a) Register. The Agent shall keep a bond register in which it shall provide for the registration of Bonds issuable hereunder and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. . (b) Transfer of Bonds. Upon surrender for transfer of any Bond issuable hereunder endorsed by the registered owner or accompanied by a written instrument of transfer, in form satisfactory to ,the Agent, duly executed by the registered owner thereof or an attorney duly authorized by the registered owner in writing, the Agent shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Agent may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond issuable hereunder is surrendered by the registered owner for exchange, the Agent shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the registered owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Agent and disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond issuable hereunder is presented to the Agent for transfer, it may refuse to transfer the same until the Agent is satisfied that the endorsement thereon or instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Agent shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Agent and the City may treat the person in whose name any Bond issuable hereunder is registered in the bond register as the . -3- absolute owner t' f such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, ,he principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon $uch Bond to the extent of the sum or sums so paid. . (g) Taxes~ Fees and Charges. For every transfer or exchange of Bon~s issuable hereunder, the Agent may impose a charge upon t~e owner thereof sufficient to reimburse the Agent for any tfx, fee or other governmental charge required to be faid with respect to such transfer or exchange. : ' (h) Mutil ted, Lost, Stolen or Destro ed Bonds. In case any Bond i suable hereunder shall become mutilated or be destroyed, s~olen or lost, the Agent shall deliver a new Bond of like am~unt, number, maturity date and tenor in exchange and su~stitution for and upon cancellation of such mutilated Bond ~r in lieu of and in substitution for such Bond destrOyed'1stolen or lost, upon the payment of the reasonable expe ses and charges of the Agent in connection therewith, and, in case of a Bond destroyed, stolen or lost, upon filidg with the Agent evidence satisfactory to the Agent that ~uch Bond was destroyed, stolen or lost, and of the ownerShil thereof, and furnishing the Agent with an appropriate bon or indemnity in form, substance and amount satisfactory to the Agent in which the Agent and City shall be named as obI "gees. All Bonds so surrendered to the Agent shall be ,ancelled by it. If the mutilated, destroyed, stoln or lost Bond has already matured or has been called for redemption, it shall not be necessary to issue a new Bon prior to payment. . 2.04. Upo merger or consolidation of the Agent with another corporation, if the resulting corporation is a bank or trust company autho~ized by law to conduct such business, such corporation shall b authorized to act as successor Agent. The City reserves the r'ght to remove the Agent upon thirty (30) days notice and upo the appointment of a successor Agent. 2.05. B~n s of this issue maturing in 1997 and later years shall be subj ct to redemption and prepayment, in inverse order of maturity d~ltes and by lot as to Bonds maturing on the same date, at the o~tion of the City and in whole or in part in multiples of $5,000 'as selected by the Agent, on February 1, 1996, and any interest payment date thereafter, at a price equal to the principal amount to be redeemed with interest . -4- . . . accrued to the date of redemption. The City Clerk shall cause notice of redemption to be published as required by law, and mailed, by first class mail, at least 30 days prior to the designated redemption date to the registered owner at such owner's address as it appears on the bond register above described. Upon partial redemption of a Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.06. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the printed facsimile signatures of the Mayor and City Clerk. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Agent. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price. 2.07. The Bonds shall be printed in substantially the following form: -5- [Face of the Bond] . GENERAL UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON ~ CITY OF STILLWATER OB IGATION TAXABLE TAX INCREMENT SERIES 1989B I I BOND, Rate Mrturity I i I I i I Date of Original Issue CUSIP September I, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS i KNOW ALL P~RSONS BY THESE PRESENTS that the City of Stillwater, a duly 'rganized and existing municipal corporation of Washington Count , Minnesota, acknowledges itself to be indebted and for va ue received promises to pay to the registered owner sp cified above or registered assigns, the principal sum speci ied above, on the maturity date specified above, with interes thereon from the date hereof at the annual rate specified abov , such interest being payable on February 1 and August 1 in eacq year, commencing February 1, 1990, to the owner of record of this Bond on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of this ~ond before maturity. The interest hereon and, upon presentat10n and surrender hereof, the principal hereof are payable 'n lawful money of the United States of America by check or draft by in , , as Bond Registrar and Paying Agent, or it designated successor. For the prompt and full payment of suc principal and interest as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. This Bon~ ~Is one of an issue in the total principal amount of $700,000, issued for the purpose of financing the public costs associ~ted with the Incstar Corporation development in Devel!pment District No.1 in the City, and is issued under and pursuant to resolutions duly adopted by the City Council, including an authorizing resolution of the City Council adopted on A gust 15, 1989, and under and pursuant to and in full conformity with the Constitution and laws of the . . -6- . . . State of Minnesota thereunto enabling, including Minnesota Statutes, Sections 469.124 through 469.134 and 469.174 through 469.179. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth at this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF the City of Stillwater, Washington County, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the printed facsimile signatures of its Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: (facsimile signature) City Clerk (facsimile signature) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] Bonds of this series maturing in 1997 and later years shall be subject tp redemption and prepayment, in inverse order of maturity dates and by lot as to Bonds maturing on the same date, at the option of the City and in whole or in part in multiples of $5,000 as selected by the Bond Registrar, on February 1, 1996, and any interest payment date thereafter, at a price equal to the principal amount to be redeemed with interest accrued to the date of redemption. The City Clerk shall cause notice of redemption to be published as required by -7- law, and mailed, byl first class mail, at least 30 days prior to the designated rede~ption date to the registered owner at such owner's address as ~t appears on the bond register hereinafter described. Upon pat'tial redemption of this Bond, a new Bond or Bonds will be deliv red to the owner without charge, representing the re aining principal amount outstanding. , i I As prOVidel in the resolution authorizing its issuance, and subje t to certain limitations set forth therein, this Bond is transf rable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person oriby the owner's attorney duly authorized in writing upon surren4er hereof together with a written instrument of trans~er satisfactory to the Bond Registrar, duly executed by the reg$stered owner or the owner's attorney, and may also be surrend~red in exchange for Bonds of other authorized denomina~ions. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, b~aring interest at the same rate and maturing on the sam~ date, subject to reimbursement for any tax, fee or governm~ntal charge required to be paid with respect to such transfer or exchange. I The City anti the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and shall not be affectep by any notice to the contrary. IT IS HEREB~ CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, condi~ions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen andito be performed preliminary to and in the issuance of this Bon in order to make it a valid and binding general obligation 0 the City in accordance with its terms, have been done, do e ist, have happened and have been performed as so required; that prior to the issuance hereof, the City has appropriated to he sinking fund for payment of the Bonds ad valorem tax incre ents to be derived from Tax Increment Financing District Na. I or other tax increment financing districts within DeV~lopment District No.1, which tax increments areestim ted to be collectible for the years and in amounts sufficien~ t produce sums not less than five percent in excess of the pri cipal of and interest on the Bonds of this series when due; tha~, if necessary for the payment of such principal and intere~t, ad valorem taxes are required to be levied upon all taxa~'le property in the City, without limitation as to rat or amount; and that the issuance of this Bond does not cause he indebtedness of the City to exceed any constitutional or st~tutory limitation of indebtedness. -8- . . . . . . '. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Stillwater, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk (Facsimile Signature) Mayor The following abbreviations, when used on this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM UTMA as custodian for (Cust) (Minor) as tenants in common TEN ENT -- as tenants by entireties under the Uniform Transfers to Minors Act JT TEN -- as joint tenants with right of survivorship and not as tenants in cormnon (State) Additional abbreviations may also be used 'though not in the above list. -9- ASSIGNMENT I For value received, the undersigned hereby sells, assigns and transfiers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. I Signature Guarante~d: I I Signature(s) must ~e guaranteed by a national bank or trust company or by a br~kerage firm having a membership in one of the major stock ex~hanges. Please insert soci 1 security or other identifyi g number of assignee: . . Section 3~ Use of Bond Proceeds. The proceeds of the Bonds, other than ~mounts required to be deposited in the Sinking Fund pursuant to Section 4 hereof, shall be used to pay the costs associat~d with the Incstar Corporation development set forth in ExhibJ'lt A. After payment of all costs, any moneys remaining shall ~e transferred to the Sinking Fund created in Section 4 hereof a d used to pay the next principal and interest coming dU' on the Bonds. Section 4~ Sinkinq Fund. The Bonds shall be payable from a separate Se ies 1989B Taxable Tax Increment Bond Sinking Fund (the Sinking und) which Sinking Fund the City agrees to i . -10- . . . . G continue to maintain on its official books and records until all principal of and interest on the Bonds have been paid in full. The moneys on hand in the Sinking Fund from time to time shall be used only to payor prepay the principal of and interest on the Bonds outstanding under this resolution. There is appropriated to the Sinking Fund, and into the Sinking Fund shall be paid as received: (1) any amount in excess of $690,000 received from the purchaser; (2) capitalized interest in the amount of $ ; (3) all tax increments received by the City from the Incstar Corporation property (or any amounts received from Incstar Corporation pursuant to any tax guaranty or similar provision included in the Development Agreement between the City and the company) (or such other tax increments from other tax increment financing districts in the Project as ,the Council may choose to appropriate to the Sinking Fund), to the extent required to pay principal and interest on the Bonds; (4) all taxes levied pursuant to Section 5 hereof; and (5) any other funds appropriated thereto by the Council. Section 5, Pledge of Credit and Taxing power. The full faith and credit and taxing power of the City are irrevocably pledged for the payment of the Bonds and the interest thereon when due. Since it is presently estimated that the tax increments to be appropriated by the Sinking Fund pursuant to Section 4 above will be not less than 5% in excess of principal and interest payments on the Bonds when due, no ad valorem tax levy is presently required. However, the City also recognizes and affirms its pledge of the full faith and credit of the City to the payment of the Bonds, and, in the event that said tax increments and other legally available funds do not prove sufficient to pay said principal and interest, the City will promptly levy ad valorem taxes upon all taxable property in the City as necessary for such payment, without limitation as to rate or amount, Section 6. Additional Bonds. The City reserves the right to issue additional tax increment bonds payable primarily or wholly from tax increments derived from the tax increment financing districts within the Project on a parity with the Bonds, provided that the tax increments and other funds pledged and appropriated to the payment of the Bonds and such additional bonds shall be estimated by the Council to produce amounts not less than 5% in excess of the principal of and interest on the Bonds and the additional bonds when due. Such additional bonds shall be issued under Minnesota Statutes, Section 469.178 or any amending law, Section 7, Registration of Bonds with County Auditor. The Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of -11- . . Attest: Washington County, together with such additional information as ~ the Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been duly entered upon hi s bond regilster. Section 81. Authentication of Transcript. The officers of the Ci~y and the County Auditor of Washington County are hereby lauthorized and directed to prepare and furnish to the pur~haser of the Bonds and to the attorneys approving the legality thereof, certified copies of all, proceedings and re ords relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and ~' ontrol or as otherwise know to them, and all such certified copies, afFidavits and certificates, including any heretofore fur ished, shall be deemed representations of the City as to thel correctness of all statements contained therein. . I i I i I I I i ! City Clerk I I I ! Mayor ~ The for the adoption of the foregoing resolution was dul seconded by Councilmernber , and upon vote taken thereon, the following voted in favor thereof: i and the following voted against the same: I whereupon the reso~ution was declared passed and adopted. I I I ~ -12- .\ ... ... . . . Land Acquisition Utilities Site Preparation Landscaping Interest Reimbursement Professional Services Contingency Capitalized Interest Bond Discount Costs of Issuance/Plan SEADC City Administration TOTAL EXHIBIT A $250,000 118,435 89,760 53,269 62,833 15,000 10,000 126,125 10,500 20,000 10,000 14,000 $779,922 -13- . . . TEASDALE &ASS()CIATES / L-/ 'f L- P'l fLlv ~~lb-/l-~ 4530 Excelsior Boulevard Minneapolis, Minnesota 55416 (612) 927-8529 FAX (612) 922-9102 City of Stillwater City Hall 216 West Fourth Street Stillwater, Minnesota 55082 August 10, 1989 Attn: Steve Russell Steve: This letter is to request a modification in the Redevelopment Agreement we are currently working on for Phase III of the Cottages of Stillwater. At the time the Redevelopment Agreement was originally prepared for the Cottages John Arkell, the developer, had approached the city with a unique idea with creating a developer generated subsidy for keeping the rents lower than market for Phases I and II. This subsidy reserve for Phase III was stipulated at $ 87,360. Our plan for Phase III is to allocate a portion of our units for lower income people in order to qualify for Low Income Housing Tax Credits. In fact without this incentive we could not afford to do the development. This will, in effect, keep our rents well under market on 40% of our units for the next 10 years. We are doing the project as economically as we can and it will be basically an improved version of our existing units. Phase III is going up without the financial help from the City (i.e. tax increment money) that Phases I & II had. The requirement of an additional $ 87,360 at closing is a heavy burden that the project cannot bear. This is also coupled with the fact that we are complying with the spirit for which that reserve was intended with our qualifying for Low Income Housing Tax Credits. ~ I request that the Redevelopment Agreement leave out this requirement. Sincerely, ~ / Harold Teasdale . . . TO: li'R: DA: RE: iIlwater =::--.;: ,~ THE BIRTHPlACE OF MINNESOTA J Mayor and City Council ", ~ Dtane Blazek, Finance Director ~~ August 10, 1989 1990 TAX LEVY The 1988 laws concerning the tax levy require the City, by August 15, to recertify the tax levy to the county auditor and set the date for a public hearing for the 1990 budget and tax levy. Inasmuch as the City intends to comply with the 1988 laws, the necessary form for recertification of the tax levy and the setting of a date for the public hearing on September 19, 1989 will be sent to the county auditor by August 15, 1989. At that point, the City will continue to be in compliance with 1988 laws and will preserve the City's options in the case of a lawsuit or other information. , CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ,.;: ...... .4 CITY OF STILLWATER . GENERAL FOND 'FOR THE PERIOD ENDING JULY 31, 1989 CUrrent Year to Under Percentage Month Date Annual (over) Received/ Revenues Actual Actual Budget Budget Expended Taxes 856,186 924,359 2,329,652 1,405,293 39.67 License & Permits 7,020 52,196 120,380 68,184 43.35 Intergovernmental 630,673 656,856 1,404,066 747,210 46.78 Charges for Services 39,684 107,077 221,422 114,345 48.35 Fines and Forfeits 16,610 50,167 95,000 44,833 52.81 Miscellaneous 19,903 69,118 3,751 (65,367) 1842.65 Transfers 10,190 126,530 308,250 181,720 41.04 Total Revenue 1,580,266 1,986,303 4,482,521 2,496,218 44.31 Expenditures Mayor & Council Personnel 2,537 17,754 33,819 16,065 52.49 Services & Charges 185 4,496 7,025 2,529 64.00 Miscellaneous 0 234 800 566 29.25 Total Mayor & Council 2,722 22,484 41,644 19,160 53.99 e;:in/Finance ersonnel 22,814 152,109 273,543 121,434 55.61 Supplies 715 4,791 7,915 3,184 60.07 Services & Charges 3,444 46,296 91,315 51,019 47.57 Miscellaneous 2,194 11,274 21,400 10,126 52.68 Capital OUtlay 0 0 38,500 38,500 0 Total 29,767 214,410 438,133 224,263 48.88 Legal/City Attorney Personnel 3,042 21,262 31,795 16,533 56.25 Supplies 121 1,426 4,000 2,574 35.65 Services & Charges 9,498 55,109 88,785 33,676 62.07 Total 12,661 77,797 130,580 52,783 59.57 Plant/City Hall Supplies 423 1,935 5,750 3,815 33.65 Services & Charges 5,223 28,858 46,500 17 ,642 62.06 Miscellaneous 0 84 200 116 42.00 Capital Outlay 0 1,088 32,000 30,912 3.40 Total 5,446 31,965 84,450 52,485 37.85 . 1 .... ...J ~ CITY OF STILLWATER GENERAL FUND . FOR THE PERIOD ENDING JULY 31, 1989 Current Year to Under Percentage Month Date Annual (over) Received/ Actual Actual Budget Budget Expended Police Personnel 68,25 487,422 867,552 380,130 56.18 Supplies 38 4,937 34,103 29,166 14.47 Service & Charges 6,40 48,641 95,100 46,459 51.14 Miscellaneous 16,16 25,820 35,124 9,304 73.51 Capital Outlay 69 43,447 42,405 (1,042) 102.45 Total 91,89El> 610,267 1,074,284 464,017 56.08 Fire I Personnel 27.14~ 203,457 382,736 179,279 53.16 Supplies 1,02 4,690 13,843 9,153 33.87 Services & Charges 3,15~ 21,650 101,468 79,818 21.34 Miscellaneous 20Q 1,223 3,425 2,202 35.71 Capital Outlay 31,S2J 51,500 15,745 (35,755) 327.08 Total 282,520 517,217 234,697 54.62 Civil Defense I I . Personnel 17~ 1,233 2,500 1,267 49.23 Supplies d 0 25 25 0 Services & Charges 8~ 595 1,350 755 44.07 Miscellaneous ~ 0 200 200 0 Total 26~ 1,828 4,075 2,247 44.85 Public Works Personnel 7,415i 49,317 86,804 37,487 56.81 Supplies 367! 8,441 17,080 8,639 49.42 Services & Charges 769 2,894 30,415 27,521 9.51 Miscellaneous 40 87 600 513 14.50 Capital Outlay 0 0 3,000 3,000 0 8,5911 Total 60,739 137,899 77 ,160 44.04 ! Street 18. ~'1 Personnel 120,453 234,438 113,985 51. 37 Supplies 3 , 0011 20,818 80,000 59,182 26.02 Services & Charges 5,368 54,908 172,550 117,642 31.82 Miscellaneous 71 1,684 (1,684) (1684.00) Capital Outlay 9,500 30,496 165,700 135,204 18.40 Total 36,231 228,359 652,688 424,329 34.98 2 . .", " THE CITY OF STII..UIATER . GENERAL FUND FOR THE PERIOD ENDING JULY 31, 1989 Current Year to Under Percentage Month Date Annual (over) Received! Actual Actual Budget Budget Expended Shop Personnel 4,956 36,958 70,109 33,151 52 . 71 Supplies 452 4,896 6,000 1,104 81.60 Services & Charges 816 8,799 22,330 13,531 39.40 Miscellaneous 0 10 200 190 5.00 Capital Outlay 0 0 10,000 10,000 0 Total 6,224 50,663 108,639 57,976 46.63 Planning & Inspection Personnel 14,864 91,817 157,405 65,588 58.33 Supplies 114 877 3,865 2,988 22.69 Services & Charges 6,305 16,091 36,270 20,179 44.36 Miscellaneous 0 663 1,020 357 65.00 Capital Outlay 0 0 600 600 0 - Total 21,103 109,448 199,160 89,712 54.95 Signs & Lighting .uPPlies 438 2,116 10,000 7,884 21.16 Services & Charges 8,590 52,098 105,000 52,902 49.62 Miscellaneous 0 0 1,000 1,000 0 - - Total 9,028 54,214 116,000 61,786 46.73 Unallocated Personnel 2,612 15,300 29,600 14,300 51.69 Supplies 7,895 20,703 (20,703) 20,703.00 Services & Charges 0 1,824 (1,824) 1824.00 Miscellaneous 381 11,037 5,000 (6,037) 220.74 Transfers 66,183 463,278 794,191 330,913 58.33 Total 77 , 071 512,142 828,791 316,649 61. 79 Total Expenditures 332,531 2,256,896 4,334,160 2,077,264 52.07 ~ I . 3 ;---..... .... CITY OF STILLWATER I PARK FOND . ~ THE PERIOD ENDING JULY 31, 1989 Current Year to Under Percentage Month Date Annual (over) Received/ Park Fund Actual Actual Budget Budget Expended Revenues Miscellaneous Revenue 1,028 8,845 13,000 4,155 68.04 Transfers In 34,965 167,991 316,599 148,608 53.06 I Total Revenues 35,993 176,836 329,599 152,763 53.65 Expenditures I Personnel 17,93~ 114,260 210,059 95,799 54.39 Supplies 1,46 10,726 20,600 9,874 52.07 Services & Charges 2,64~ 16,712 31,140 14,428 53.67 Miscellaneous 10Q 1,261 1,200 (61) 105.08 Capital OUtlay 14,13~ 22,158 66,600 44,442 33.27 Total Expenditures 36,215 165,117 329,599 164,482 50.09 i . I I 4 . '. .DEPARTMENT DATE __tl=i~tf DESCRIPT;B" OF REOUELJieflY outline what the request l' ..L. -------fL~-;;;;;;;~,J--3t~-;:/T-!L---dJJ--!~-- -----~~--~~-~~-~--------~----~Z;~~~-------- -----~----~-~------'~-T---~~-----~-~-------- -----~~~----------~----~1---~--~~~--- ----j1~-~--~--~----------------------------------------------- ~CI~rr;::;:;T I:ETING ___C15_______________________ --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- 411C:::::~:=~-~::::~--~:::::~~--:::~:::--:~:--:::::~--::~-::~~--::::--:re associated with this request and the proposed source of the funds nee;;~o ft;;;-r~is~ tU . . ~ '- j ~ ~~!fi-~~:~~:::c~~~~--~~:1I~~-~~~;~~~~~~: ------~--~--~------~-------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- AC~I7IONAL INFGRMATION ATTACHE~ YES X NO BE SU8~!TTED TO THE CITY CLE~K A IOR TO T~E NEXT REGULARLY SCHEDULED CED ~N THE CCUNCIL MA7ER:AL PACKET. DATE' Q .- I/-!:q ---/----------~- . , ~ . , ' ~,.., ~.,t I,. '. . . ".' .',,', ,!...: :-.,..',:.;",. ,,~-.:,.,,' ',~,:.-;~~,,:,.:,::,,:-~~, :-.::::~.~~:,.,':.~,.,~:.~.:t,'...,.,'." ~..~":,',.:,:,'.',',:,;:','.~,,',,....:'.~.~~,',::,.'- :',,',-.,.,~.:,;-~.'~., . .' " ~.,:..,.~" ~:'~,::...~,~,f."J',~;...~}:::,~,.:_~,. :...l:,~.:-:,'-,~~ -...... '.:' . ..,':.. .. '. ~..., :::.::~. ,:: :,: ::::.:.::, ~:~::.'.':r,';:<:~,:',;;.. '?/::~ ~:)~~:,~./~':,~ ~"""':'. :t~,,:: ,': '-.':-\ ~,~ ..::~: ~'. ' ...' ..:,::.:~.<,,' ~...:' ",:",: .', ::. ',..;\:.....,J:'...;':";'.,, .,.. .."'. ., ,_ ~ . _. _ 1 " "~~":"'.~":"',~',:.~,':,;;::~:,:""':.':'~"," -.'....','"...,.. ',' ~ -,: I . .' .,'.',.. '. .. . ~. .. '".''' '. '. .. .- . . '. .''. : . .' '. . .'..... '-'.' " ....:......,' ',..,.. ":.: '4:- ::.:' ;..~:..c.::...~..:.; .......:. . '. ',' ..'. .....;.......~.~.t. '_~_...' ....... .....:.. .....-. ........... ...',...:.,'...'..'..'.'..' ",-:",,'..,..;.,~. ..'" ,'~"'."'~,.....',' '" '.;, ", .,'.".. .. ..... ... . ....:..l~.~- . ... .. , . ", ';', '" ' . ;: I' <' ','. ".' :,'..' ',:.,,;" . ..: :' .,.~ '~. " '.'. ... ,- .... -.,... , ". '. '. ,. . . .'. .' . i ~ . '.' -' -." . ~. ~ .. " . ",-,-,: ':' .' '.. . '. .' '.. .... .- . . . .. , ' , ' , ,." '::::.:- , .,"~: .'::' .....:.<,.. ,:,::;.'::'~i.,'-:' " ',' .,. . ',' ~ , \.', , \ ',. +' ..' - --". " . .' ,.' '.;'" ..... , , , , . ,'... .. " ' ." .' ~ . . . ", ~: ~. . )', .': '. '. .:.-: i;.';' -:t,..';: ': :~/....:~~ ,,_-~.,",,:,;;, ~ ~.~ ~'..;.: :';~. ,;.:.< .'....~~:... ." ;::'{~:.. : -.. _'" .'. -.." ,.,' .. " .... ..' ,'.-, :' ~', .' . .. .... '..- ..... ., 'BOX 228 , 1=.s:J- ,/ .M q -j--e. JOSEPH E. NASVIK STillWATER, MINNESOTA 55082 715-549-6717 7 - 1 - , lS...3.:L In Account With H/K-e.. AdAMS 1;215'17 7,)-tA 5+: N~, 5 'h' II l.,U A. -f~y) 11./ N N..~; S5"" a S' ;{ P,J. I.L~f 5f~1IvJAf...y WA-If RePA//$ AS' I+eH/Z-f!d:- 1-- PI? aL-C-f q.. Iff! (oy .5t"N-e.. I?Y')".uAI/. "I". No ~ -tit. S/Je "f 1'0. y kJ'~ l' ./-If? t As'Ateedf'J L6b,:,? 1- M~t~.,./6.1 . ;/,)t.at:J,. JI - OTJ'/I PIJ./N Ho /-e.s +- (1nH7 ~ f' ANd Re..;',A-/Y 54,t1- W~f R/!!.foi.NJ'/'/1. .." IV A II A.5 N'f'-ed~d. '-~ h DT d,. 1"'1 d" fe")')d.( -/J t( a~, ero , .1!L- R~~A)-r C!-"NC.,.~;.~ c"Ap d N S4.q, W& R~ 1-6-iNlN7 W All As /Vef!J-ed "<::Ja~ TJf~1 -.J3)iOO.ot:! N(}fe..;... All W dy I<. A.s Lj:5+~J A 60 v ~ wJ11 'h..re ?~Y fo?~ t?4 eN A- (!oS f f'1[;(..5 /cJ ~o ~A 5/;5 fA} / tit. A To ~ L;,H;,f oT #t..ttJoc,o(> . . ,.., ~ ~ , ' ' .. . .- /'" .'~' , J-l,~- I: . DEPARTMENT DATE __!:=i~tj OF REQUEST B iefly out 1 il"le what the t~equest i) ~ ------ "'----,2;71-~------~~-r---ft-:---------------- -----~€~~~----------~----~1---~~--~~~--- ----or~~--~--~----------------------------------------------- ~CI~:zT IT:;ETING ---~----------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- .----------------------------------------------------~~-------------- FINANCIAL IMPACT (Briefly c.ut 1 i rle the c.::ost s, if any, t hat are associated with this recuest and the proposed source of the funds nee~t'" fund the requ s~ .' , --------------------------------------------------------------------- --------------------------------------------------------------------- SUBMITTED BY YES.x:. NO BE SJB~ITTED TO THE CITY CLERK A lOR TO THE NEXT REGULARLY SCHEDULED CED ~N THE CCUNCIL MA7ER:AL PACKET. DATE ---~_=.IL=Lt AC~I7IO~AL INFORMATION ATTACHEJ AL~ COUNC:L REQUEST ITE~S MINIMUM OF FIVE W .RKI CCUNCIL ME:TING IN DE . In Account With f1;' k~ A dAMS I ;;2 '7 5" tJ' 7 ,,- til 5 +: N 0 I 5r.///u.JA-f~y. J1JNAllol SS-oS'::2. ./ ., P, J, I-L ~ f 5t~1104iA +.y W A- /1 fie P A /7 $ A sI 1-e I-t /z.- rf'd I_ I- PI? C>t..Lf ~ Ife Loy 5tdN-e.. t/7'Y6VAI/ . N () .,. -J-A S/ de 0 T pc. y k j'pt; J-d t As-A/eedf>J Lb/Ji!J? 1- M~te>,./d.1 " J'I.)t,C(Jlo~~ JI - Or;' II [))d./NHo /-e.s +- /'ruNf ~p ANd R el'~/Y 5a. q... We.sf Re.ta )/0'/'/1. '" . , IV A/I Aj N~-€df?d. t.~h':>7 0. t-t4ffif)')'4{-I.)J(otJ, erc -.' ,-- , \. ',' \ ~.,r, '. , , ,'. ,', . BOX 228 . e..s t- ,j I /"1 Cit. -j- ~ JOSEPH E. NASVIK STILLWATER, MINNESOTA 55082 715-549-6717 7- 7 - ,19.JLL .l1L - fl~I',Ao''Y C!..cNC?-E j~ C-Ap d N S4.~ Wt !f~f-~"N/N/ WAil As /Yee&-ed tfCf(JC~ TJ f~1 -../3)100.o<J Ndj-~;... A/I W dY K ,4.5 Ll5+~cP A 60 v ~ wJt/ '))..fi? ?~Y ft;)~~ -ee:;{ aN A- (!oS f F /U.S It) 70 I3A:J /5 v.J / tA A TO/, L)'H/f oT #t.t~O(J,()() . MEMORANDUM TO: Mayor and city Council FR: City Coordinator DA: August 10, 1989 RE: 1988 POLICE CONTRACT Accompanying this memo is the 1988 Police Contract as amended per the arbitrator award. The contract contains the following changes: 1. Article XVI - Sick Leave (page 13) We now have two (2) sick leave provisions - one for employees hired prior to April 24, 1989 (date of award) and one for employees hired after April 24, 1989. The "prior" provision is exactly as previously written and the "after" provision was taken from the Fire Contract. The award actually was to "give employees hired after April 24, 1989 the same sick leave policy as other city employees." All of the other contracts contain similar yet different language. The Fire Contract language appears to best "fit" the award. The major difference is in the buy back provision which is illustrated below: . Exempt employees - one day per month regardless of years of service. AFSCME - two days per month regardless of years of service. Public Works - one day after five years of service; one and one/half day after 10 years of service and two days after 15 years of service. 2. Article XXI - Insurance Changed contribution to $185 per month. 3. Article XXII - Longevity/Educational Incentive Like the Sick Leave Article, we now have two Longevity/Educational Incentive Pay Provisions. One for employees hired prior to April 24, 1989 which "freezes" the longevity/educational incentive pay at the 1987 - 3 year patrol rate and one for employee hired after April 24, 1989 which is "the same" as other city employees. Unlike the problem with different sick leave provisions, our other contracts have uniform longevity provisions for "other" employees (Le., 2-1/2% after 5 years, 5% after 10 years and 7-1/2% after 15 years). 4. Appendix A - Wages . Changed wage schedule to reflect 4% increase to 3 year patrol rate and changed Sgt. differential from $205 to $250 ($45 increase). I have given the contract to the Union for their review with the understanding that the City Council must also review and approve the agreement as well. I will be prepared to discuss any questions that you may have regarding the contract. . J'\...A'-(..........'-"~ 10,; / V' LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1988 between the City of Stillwater, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the UNION. . 1.1 1.2 1.3 ARTICLE II 2.1 . It is the intent and purpose of this AGREEMENT to: Assure sound and mutually beneficial working and economic relationships between the parties hereto; Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all Police personnel in the following job classifications: POLICE OFFICER POLICE SERGEANT JUVENILE OFFICER 1 2.2 In the event the EMPLOYER and the UNION are unable to agree as to ART! CLE I II 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 the inclusion or exclusion of a new or modified job class, the issue shall ble submitted to the Bureau of Mediation Services for I i detenni nat i onl. I I I DEFI NIT! ONls I I I . UNION: The Mli nnesota Teamsters Publ i c and Law Enforcement Employees Union, Local No. 320. UNION MEMBER:I A member of the Minnesota Teamsters Public and Law Enforcement E~ployees Union, Local No. 320. i I EMPLOYEE:' A rember of the exclusively recognized bargaining unit. DEPARTMENT: ~he City of Stillwater Police Department. i EMPLOYER: ThF City of Stillwater. CHIEF: The C~ief of the City of Stillwater Police Department. UNION OFFICE:: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. . 320. OVERTIME: performed at the express authorization of the EMPLOYER in e cess of the employee's scheduled shift. 3.9 SCHEDULED SHI T: A consecutive work period including two rest I breaks and a 11 unch break. 3.10 REST BREAKS: I A period during the scheduled shift during which the ! I employee remalins on continual duty and is responsible for assigned I I duti es. 3.11 LUNCH BREAKS: A period during the scheduled shift during which the on continual duty and is responsible for assigned employee duties. remalins I I I I 1 I I ! . 2 . . . 3.12 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ART! CLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any \ inherent managerial function not specifically limited by this AGREEMENT 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues, or a IIfair sharell deduction as provided by Minnesota 3 Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by ~he UNION. I 6.2 The UNION ma~ designate employees from the bargaining unit to act i . as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward 6.3 and/or alter~ate. I I The EMPLOYER fhall make space available on the employee bulletin board for posting UNION notices and announcements. The UNION agr es to indemnify and hold the EMPLOYER harmless i 6.4 against any ard all claims, suits, orders or judgments brought or issued againS~ the EMPLOYER as a result of any action taken or not i taken by the EMPLOYER under the provisions of this Article. ART! CLE VI I 7.1 i EMPLOYEE ~IGHTS - GRIEVANCE PROCEOURE DEFINITION OFI A GRIEVANCE : . A grievance ils defined as a dispute or disagreement as to the \ I interpretatior or application of the specific terms and conditions of this AGREE ENT. 7.2 UNION REPRESE TATIVES. The EMPLOYER ~ill recognize representatives designated by the UNION as the grieVarce representatives of the bargaining unit having the duties and re6ponsibilities established by this Article. The UNION I ! shall notify he EMPLOYER in writing of the names of such UNION representativ s and of their successors when so designated, as provided by S ction 6.2 of this AGREEMENT. . 4 7.3 . 7.4 . . PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accompliShed during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure; Step 1. An employee claiming a violation concerning the \ interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER- designated Representative will discuss and give an answer to such Step 1 grievance within ten (10) ~ calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the 5 Step 2. Step 3. AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days . after the EMPLOYER-designated Representative's final answir in Step 1. Any grievance not appealed in writing to sfep 2 by the UNION within ten (10) calendar days shall be Cfnsidered waived. If a~pealed, the written grievance shall be presented by the ~NION and discussed with the EMPLOYER-designated Step 2 Re~resentative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of suchiStep 2 grievance. A grievance not resolved in Step 2 I I I may ~e appealed to Step 3 within ten (10) calendar days follqwing the Employer-designated Representative's final Step 2 answer. Any grievance not appealed in writing to . Step 3 by the UNION within ten (10) calendar days shall be consldered waived. If appealed, the written grievance shall be presented by I the ~NION and discussed with the EMPLOYER-designated Step 3 Re~resentative. The EMPLOYER-designated Representative I sha11 give the UNION the EMPLOYER'S answer in writing with~n ten (10) calendar days after receipt of such Step 3 gr!e~ance. A grievance not resolved In Step 3 may be I appe41ed to Step 4 within ten (10) calendar days following I I the ~MPLOYER-designated Representative's final answer in I Step 3. Any grievance not appealed in writing to Step 4 . 6 by the UNION within ten (10) calendar days shall be . considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the IIRules Governing the Arbitration of Grievances,lI as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted . in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the ) transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision . shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation 7 or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The!fees and expenses for the arbitrator's services and pro~eedings shall be borne equally by the EMPLOYER and the UNI~N provided that each party shall be responsible for compensating its own representatives and witnesses. If I I eit~er party desires a verbatim record of the proceedings it ~ay cause such a record to be made, providing it pays I forlthe record. If both parties desire a verbatim record of ihe proceedings, the cost shall be shared equally. 7.6 WAIVER i ! I If a grievan4e is not presented within the time limits set forth above, it shall be considered IIwaivedll. If a grievance is not appealed to he next step within the specified time limit or any agreed exten ion thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a gri1vance or an appeal thereof within t~e specified time limits, the UNION may elect to treat the grievance as denied I at that step land immediately appeal the grievance to the next step. I I The time lim1t in each step may be extended by mutual written I agreement of the EMPLOYER and the UNION in each step. 7.7 CHOICE OF RE EDY I If, as a res41t of the written EMPLOYER response to Step 3 the grjevance :~ains unresolved, and if the grievance involves the I suspension, 1emotion, or discharge of an employee who has completed the required IProbationary period, the grievance may be appealed either to St~p 4 of Article VII or a procedure such as: Civil I I I I 8 . . . . . . Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to law. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. \ ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee'S length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be 9 replaced in their previous position at the sole discretion of the EMPLOYER. . 9.3 A reduction Qf the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee dn layoff shall have an opportunity to return to work I within two (a) years of the time of their layoff before any new employee is ~ired. I 9.4 Senior emplo~ees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualificatio~s of employees are equal. 9.5 Senior quali~ied employees shall be given shift assignment preference a~ter eighteen (18) months of continuous full-time I ! employment. . I ARTICLE X DISCIPLIN~ 10.1 The EMPLOYER will discipline employees for just cause only. \ Di sci pl ine willl be in one or more of the foll owi ng forms: I a) oral repri~and; i b) written relprimand; . I c) suspens 1 onl; d) demotion; br 10.2 10.3 e) discharge.i ) I Suspensions, remotions and discharges will be in written form. Written repri~ands, notices of suspension and notices of discharge which are to recome part of an employee's personnel file shall be I ! I I I . 10 . read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. . ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee'S regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. Overtime will be distributed as equally as practicable. Overtime refused by employees will, for record purposes under Article 12.2, be considered as unpaid overtime worked. 12.2 12.3 . 11 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. . 12.5 Overtime willi be calculated to the nearest fifteen minutes. ! 12.6 Employees req~esting in writing to the EMPLOYER to receive i compensatory time off in lieu of paid overtime as established by Section 12.1 I f this Article shall be allowed such compensatory time at a tim~ mutually agreeable between the employee and the Police Chief.1 Carryover of compensatory time off shall be at the sole discretipn of the Police Chief. Any compensatory time not taken or not ~uthorized to be carried over by December 31st of each calendar yearl shall be paid off on that date. I ARTICLE XIII COUR TIME An employee w 0 is required to appear in Court on their SCheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half 1-1/2) times the employee's base pay rate. An i \ extension or ~arly report to a regularly scheduled shift for Court I appearance do~s not qualify the employee for the two (2) hour . minimum. ARTICLE XIV CALL BACK tIME An employee w~o is called to duty during their scheduled off-duty I , I time shall reteive a minimum of two (2) hours' pay at one and one-half (1-112) times the employee'S base pay rate. An extension of or early rfPort to a regularly scheduled shift for duty does not qualify the ~ployee for the two (2) hour minimum. . 12 . ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification for one work period or more shall receive the salary schedule of the higher classification. ARTICLE XVI SICK LEAVE 16.1 EMPLOYEES HIRED PRIOR TO APRIL 24, 1989 . a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work, by reasons of sickness. For the purpose of this contract, sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits Shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, one (1) week at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. 3. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. 4. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. ) . 5. If term of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty-nine (39) weeks, half pay for thirteen (13) weeks. 13 7. If term of employment has been 25 years or more, full pay for fifty-two 1(52) weeks. . i b. No di sabiil ity benefits shall be paid for absence in excess of three (3) con'secutive days without a doctor's certification as to sickness. c. successi:1e periods of sickness disability Shall be counted together as ne period in computing the period during which the employee shalll be entitled to benefits, except that any sickness i occurring af~er an employee has been continually engaged in the performance Jf duty for one year shall be considered as a new sickness and not part of any disability which preceded such period of one year. i d. Any emp19yee who is receiving Worker's Compensation benefits because of jJb connected injury or sickness shall, if the employee assigns thei~ check to the City of Stillwater, receive full wages for that perilod. Or, if the employee is receiving Worker's ! Compensation land does not assign their check, the employee will be \ . paid for the Idifference between the Worker's Compensati on allowance and their reJUlar weekly pay. Sick leave shall then be figured on I a pro-rated :asis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensat ion.1 e. For the Jurpose of this Article, sick leave shall accrue in accordance wifh the schedule in Section 16.1 on the January 1st immediately preceding the anniversary date of employment. 16.2 Sick leave Wirl be suspended after benefits has been exhausted. However, an efP10yee who has fulfilled all of the requirements for . 14 . vacation which has not been taken may request pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply, in writing, for an authorized leave of absence when added to the period which benefits have been paid shall not exceed one year. Such application shall be accompanied by a physician's certificate to the effect that such disabled employee has not been able to return to work. Upon return to employment, the employee shall retain all accumulated service credit for time worked prior to the employee's disability but shall receive no service credit for the period of absence. 16.3 EMPLOYEES/HIRED AFTER APRIL 24, 1989 1. All full-time employees hired after April 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on . account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: \ a. If term of employment has been one year but less than two years, one week of full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. c. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. , d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 . weeks; half pay 26 weeks. 15 f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. g. If term ofl employment has bee 25 years or more - full pay 52 . week s . 2. ! No disabilitYlbenefits shall be paid for absences in excess of three consecu ive days without a doctor's certificate as to sickness disa, ility. 3. Sickness disapility benefits usage shall be subject to the I I following conpitions: 4. I a. An employe~ may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employee Shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness d~sability leave time cannot be earned during the time I an emPlOyer is on sick leave. d. Sickness dIsability leave time shall be earned as a replacement for used 1. ave time by only those employees who have. util i zed the benefit. Any employee receiving Worker's Compensation benefits because of a job connected I injury or sickness shall, if he assigns his check to i . the City, recive full wages for that period. Or, if any employee , is receiving orker's Compensation allowance and his regular weekly pay. Sick le ve shall then be figured on a pro-rate basis with no deduction of eave being made for that portion of the employee's I absence whichlis covered by Worker's Compensation insurance. ! . 16 5. Sick leave shall not be granted if the absence is due to an injury . resulting from intoxication or from fighting. 6. Sick leave will be suspended after benefits have been exhausted;l however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during . disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without p;ay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. ARTICLE XVII SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor ~ . children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. 17 ARTICLE XVIII HOLIDAYS . 18.1 Employee sha 1 be entitled to eleven (11) paid holidays per year. 18.2 Holiday pay hall be made the first pay day in the month of December of 1ach year. 18.3 The hourly r~te for holiday pay shall be computed on a forty (40) I hour week or lone hundred seventy-three (173) hours per month. i 18.4 Any employee Irequired to work on any of the following holidays shall be granted an additional one-half (1/2) times the employee'S base pay rat~ in addition to regular pay and holiday pay for the I entire shift !in recognition of said holiday. ! New Yearl~ Day July 4th Thanksgiving Day Memorial Oay Labor Day Christmas Day. 18.5 Immediately pireceding the 1st anniversary date of employment the employee shalll be entitled to one additional floating holiday I . , wi thout hol idlay pay. ARTICLE XIX VACATIONS I 19.1 Permanent empllOyeeS 5 11- shall be entitled to the following schedule: 5/6 day per month 1-1/4 days per month 1-2/3 days per month day for each year up to twenty (20) years. o - 4 yearls One (1 ) 19.2 A maximum of riVe (5) days of vacation may be taken in increments of less than fne week. Vacation Shal~ accrue on the January 1st immediately preceding the anniversary drte of employment and must be taken within one (1) I i I 18 I I . 19.3 . . . year except that after five (5) years employment, one (1) week of vacation may be carried over into the next year. There shall be a maximum of six (6) weeks vacation during anyone (1) calendar year. 19.4 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment, including Juvenile Officer clothing. ARTICLE XXI INSURANCE 21.1 The EMPLOYER will contribute up to a maximum of one hundred and eighty five dollars ($185.00) per month per employee toward group health and long-term disability insurance including dependent coverage. 21.2 Ten dollars ($10.00) of the $185.00 maximum may be utilized to provide an employee dental insurance program for all unit employees \ if the UNION notifies the EMPLOYER that the unit employees desire such coverage. 21.3 The EMPLOYER will provide a $15,000 term life insurance policy for each employee. ARTICLE XXII LONGEVITY/EDUCATIONAL INCENTIVE , 22.1 All full time employees hired prior to April 24, 1989 shall be eligible to receive longevity/educational incentive pay according to the following schedules. Employees may choose supplementary pay 19 either for length of service or for educational credits no more often than once every twelve (12) months. . A. LONGEVITY PAY I i 1) After fo~r (4) years of continuous employment each employee I shall chqose to be paid longevity pay of $79.59 per month or suPPleme1tary pay based on educational credits as outlined in Section 22.2 of this ARTICLE. 2) After ei~ht (8) years of continuous anployment each employee shall ch~ose to be paid longevity pay of $132.65 per month or SUPPleme~tary pay based on educational credits as outlined in Section 22.2 of this ARTICLE. i 3) After tw~lve (12) years of continuous employment each employee shall ch ose to be paid longevity pay of $185.72 per month or suppleme tary pay based on educational credits as outlined in Section 2.2 of this ARTICLE. . B. 4) After si1teen (16) years of continuous employment each employee shall chdose to be paid longevity pay of $238.78 per month or sUPPleme1tary pay based on educational credi~s as outlined in Section ~2.2 of this ARTICLE. EDUCATIONAL ~NCENTIVE PAY I 1) After twelve (12) months of continuous employment each employee shall be eli ible to receive pay as follows: Educ tion Credits stated in Pay Increment terms o~ college quarter credits Years of Service I I One ~o Three I 45 - 89 $63.67 $71.63 $79.59 90 - 134 106.12 119.39 132.65 . 20 135 - 179 148.57 191.02 167.14 214.89 185.72 238.78 . 180 or more Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4-year degree is not automatically 180 credits -- or a 2-year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. . The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. C. These dollar amounts will be paid for longevity until such time as \ the dollar amounts generated by the longevity pay program for other City employees equals or exceeds these amounts. At that time, the longevity pay program in effect for other City employees will be adopted for all employees. 22.2 For all employees hired after April 24, 1989, monthly longevity pay shall be established as follows, based on top patrol: a. Two point five (2.5%) percent after five (5) years through ten (10) years. . 21 b. Five (5%) percent after ten (10) years through fifteen (15) years. c. Seven point five (7.5%) percent after fifteen (15) years and thereafter. ARTICLE XXIII UNION STE~ARD The EMPLOYERlagrees that the employee designated as Steward under Article 6.2 Of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as I designated bj the UNION in addition to the other Steward activities as provided ~or in this AGREEMENT. I I I 22 . . . . . . ARTICLE XXIV MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any \ and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ~ ARTICLE XXVI HOURS OF EMPLOYMENT The work week will consist of an average forty (40) hours per week. 23 ARTICLE XXVII DURATION This AGREEMEN~ shall remain in full force and effect for a period . commencing January 1, 1988 through December 31, 1988. In the event a new ApREEMENT is not in effect January 1, 1989, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on d~ ~! , 1989. this FOR THE CITY OF STILLWAT~R: i I i FOR TEAMSTERS, LOCAL NO. 320: . I I ~ I I i . 24 . . . APPENDIX A WAGE SCHEDUL E The following wage schedule shall be effect beginning January 1, 1988: Start After 6 months After 12 months After 24 months After 36 months (top patrol) 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $2,759.12 Police Sergeant $250.00 per month over the top patrol (36 month) rate. Juvenile Officer/Investigator $102.00 per month over the top patrol (36 month) rate. 25 . . . r illwater '~ ~ TH~RTHPLACE OF MINNESOTA ~ August 10, 1989 Mr. William Klapp Margaret Rivers Foundation c/o First star Bank 213 East Chestnut Stillwater, Minnesota 55082 Dp.ar Mr. Klapp: The City is in receipt. of $10,000 from the Margaret Rivers Foundation to be used for the construction of a fast-pitch softball field at Lily Lake. The City Council is very appreciative of the contribution and your quick response to our request. OUr community is very fortunate to have the Margaret Rivers Foundation and the people who administer it. Thanks again. Sincerely, i/df ~ Wally Abrahamson Mayor WA/smc CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . PLANNING APPLICATION REVIEW CASE NO. V/89-56 PLANNING COMMISSION MEETING: August 14, 1989 PROJECT LOCATION: 1914 North First Street COMPREHENSIVE PLAN DISTRICT: Single Family ZONING DISTRICT: RA APPLICANT'S NAME: Mitch Hurlburt TYPE OF APPLICATION: Variance PROJECT DESCRIPTION: 1. A variance to the lot size requirements (7,500 square ft. proposed, 10,000 square ft. required) for the construction of a new single fam.ily structure. 2. City Council approval for on-site septic system and private well. DISCUSSION: The request is to construct a single family structure on a 7,500 square ft. lot which does not meet the 10,000 square ft. requirement for the RA District. This proposed structure does meet all the setback requirements. The property presently has a vacant house which will be removed. The proposed project will greatly improve this neighborhood which has been in need of rehabilitation for a number of years. The home will be approximately 24 ft. by 38 ft. A two car garage with living space will be at grade with the living quarters and a deck on the second level. A septic system and private well will be installed for the property. The Building Official has reviewed the soil reports and inspected the site. He supports the on-site sewage system and private well. CONDITION OF APPROVAL: 1. The structure shall be a single family structure. RECOMMENDATION: 1. Approval for the variance to the lot size requirements. 2. Approval for the on-site septic system and private well. ~ tc."- ~ / .::",;i c.) ~ ... 'I' t /t, {.,('.:.. &t'.,,:c.. - r 'J!(( 5< JI/.d.r// .ft ,,' 17> , ",4 I J '/ ; ,~ /f t ~"'lt'I.J'4'r"~fC' <' I~ If/lr( 1$1 ,; /. t:' .) 1'It"W,/f"rrfl. ,1/'1'l./ (i Ildl (I ~ (. ~ .~ ~l (/? {pI,; jZ .r /-1 [, ..1\ , ;.-$.$".1 )... J~ . ............_..............~...._.......__..._._..._...--.....-.....---......--. 'I' ~ ~ ~\<. \' ~. t,#!t \ 3(/ \ \ \ \ \ .t#.~ \ I \ 'd \ \ ~ \ .~;" , .. \ ~ \ 1l(IeA. ~..l4ble /4' /1' 031" ~ f-l--. \ \ \ \ \ . f,Dt\ tJ1Q \ ~ t '3~' \ l' ... " ' ~... \t\ 9\' ..... \ ~ '. \ \ f{V>f~~a \ ... \ ~ Jh~ e. I 1/S-!- _,5- \ \ 1'1' I \ . r \ \ \ \ ~ ) \ ~ ... ~ '" ~...) , .) \:;\ . 'CJ // / \: \ / \-.: . 6&f1/~-- -- _/ "-.;: :z~; ~ . -~~~ \1 f>./~t/~, F C().I",' + 6c.h/..denbU }JJAit /0 II. {tJF t~f PAC 100 ( ::::. -c.; l U <:..-' . , 1/ IJ.;,. t)(: Case Number f../L.l__'-____ ., '" ,~, ... F 'd ~/ 'I -- ee PCl _...__........:_________ Date Filed -!JJ-Ltf------ - PLANNING ADl\AINlSTRATIVE FORJ'v\ S.. ... L "'f P ty /q /// /S/- ..5/-; /1J~?,eTff .ree, oca.lon 0 roper: ___L__~_______......__________________________ L I C r. "'on of Property ...J:.; Or LoT 2 A/I/, U;j' CA/tll + 5CHtlLi:!"~(;-~t(~ S ago osc l~.l I -~"'----------~-~\iiI~-_..r_---"'t-------_.._-- (@. .:::ros"r/w' A, 6~ut.~ _.rU:J~/nt?N TP .sn~{.w.n-n~ Owner: Nan1i?J -~t:t.1!~.fR--cf:.-;f.~-~__~_______________~::7"____<=;~7_____ . ([;)...~7<f1'9 ~A~r c~~,)Aj), /lJ.);4K.e-<,~c;J ~ y~"1-4Y;;-~ Addr~ _-.t~~-3;.-~~!fL€:1..~.P_djl..;~~~~~cJPhon~.?L~.:_~f___ A ' I' C'" h th ) N A/ / 'T'//,,,- L~?/~ (, .6t<~r . pp lcant IT ot er an owner: ame ~.....J.s--_____~~___________________ p j.:U...-iJOC' f?) ,i:! p, ,IV,' . _ _ Address ~~~Z.-L!!./f.!t{quff~!.J..~~_S:-Et~ Phone: _1:~!:.':-_~2.~_~ Type of Request:' ___ Rezoning ~__ Approval~f Preliminary Plat --- Special Use Permit ___ Approval of Final Plat , .x- Yariance .:.__ Other _________.:._________ 'c ....... J: R. "'. 7L/E L/-",-;rlI//"'- ~I.,;'P''';;II-r< 70 ~///L..o -4A/d'V esc.lp.lon o. eques.. -".......""'----4s.~"""'.:...'7"".......Y..r,\("'~---...lII:"---~------------- . d(!.e!~.:.:..~/iJ._~~-?-~.fu::..-../~-Ll:.:. ~L'tt?J..~Y!.__~~,.;-<2.eq---2-~~.c.z::.---- , ~ -:z.!L.t:~PL.-t~--4~.Q-2~:--~L,-4..!-A::f~;!;.~~~~:-~~-5LEI:!~::'//) So. f A I' . ~/it(:./ L //~, Ignature o. P? Icant: _2,.~..:-'__~~______ Cata of Public Hearing: --------------------------------------:~\\:;~.-~ J_ NOTE: Sketch of proposed property and structure to be drawn.on back of . (~hn 01." at~-"":>;>. ta~ed, showing the following: . .~":' ,,,..~'.,~\1-c: };P-::J. .' 1. North direction. .. :::::.~}.~~~: ~J_' . 2. L?catio~ of pr~posed stru~ture on lot. '__ '~tI'\'P'..,~~,,~ 3. Dlmenslons of Ircnt and slde set-backs. '-;"".;~ c-;~ \(~.)\ \ 4. Dimensions of proposed structure. y;3. ('_'::.: f <<..- 5. Street names. .. - . :" 6. Location oi adjacent existing buildings. '<<. 7. Other information as may be requested. '<'-~.c..___' - .. "~/' .J, "l / /. Approved ___ Denied ___ by tho .Planning Commission on ___________ (date) ... . ,. ...... tL f II' d'~' . suolec. .0 ne .0 oWing con I.lons: ____________________________________ ------------------------------------------------------------------ Approved --- Denied ___ by the Council on ________________ subject to the .' J: 11 . d..... \ . .0 oWIng con 1,lons; ________________________________________________ ., '. . . -----------------------------~------------------------------------ . Comments: (Use other side). .,. . . I ,. .. . ",' '. . o .,..- 0 . . ._~_ .. . . ~ . . , ...:i OJ .. :: .', :. :.:: ~.-: .. '.. '. .-. .... :.: :". ., .' 0 _ ..~____ ..-.... " ...-..---.-. .. . July 27,1989 City of Stillwater Attn: City Clerk 216 North Fourth S1reet Stillwater, MN 55082 Dear City Cleric, I understand that I need a ~ariance to build a new house on the property at 1914 North 1 st S1reet. New home re~irements are 10,000 square feet and this lot is 7500 square feet. I wasn't aware of the ~eed fa" the variance until I applied fa" a permit fa" the septic system. This requesf fa" variance also includes the variance fa" the septic system. ' I would be removing the exi~ng house. Due to the conc:ltion of the existing house I feel that this would be a 9"eat improvement to the neighb<<hood. Attached are petitions from neighbors that have adiacent property to the lot in question. . The new house does fit all "e set back requirements. The house was designed fa" the lot so that it works well on ttlte property. ! Please propose to August ~ Planning Commission meeting, and the City Council meeting on August 15th. : I I would appreciate you- imjediate attention to this matter as I am already behind schedule because of this ~obIem. I Sincerely, 1 I 1(.:?:! 4:,#'-1 Mitch Hurlburt ) 8707 Delwood Road North Mahtomedi, MN 55115 426-5352 . . . . July 20. 1989 Mitch Hurlburt 8707 Dellwood Road North Mahtomedi, MN 55115 426-5352 Dear Resident: I am in the process of purchasing 1914 1 st Street North. Before I purchase I need to know that I can build a new house on this lot. I plan to tear down the existing house and rebuild a new one. I need to obtain a variance and your signed approval would help speed up the process. I believe this would be a geat improvement over what now exists on the property. If you would please sign this form stating that you do approve and return it to me as soon as possible it will be helpful to me. Sincerely, , , J /.p fr/;;:d1 IJ," v Mitch Hurlburt I approve of Mr. Hurlburts plan for the property at 1914 1 st Street North. ~~ \0/ ~ . . . / / /Z.c;'Y??l a., e' I v . ~J I?/ 7 ~: ;:(/t/ ~ . Add-ess 7- ;2{)--?j '1 Date ' . . . July 20, 1989 Mitch Hurlburt 8707 Dellwood Road North Mahtomedi. M N 55115 426-5352 Dear Resident: I am in the process of purchasing 1914 1 st Street North. Before I purchase I need to know that I can build a new house on this lot. I plan to tear down the existing house and rebuild a new one. I need to obtain a variance and your signed approval would help speed up the process. I believe this would be a g-eat improvement over what now exists on the property. If you would please sign this form stating that you do approve and return it to me as soon as possible it will be helpful to me. sincer~ ~I ;L)jwJ Mitch Hurlburt I approve of Mr. Hurlburjs plan for the property at 1914 1 st Street North. \ \.~ ( ) .r7J '~ Name/,;, \ I\..... r' . . . {~/(,tll /) 0 I / (.oj '1---/. / +-_.' l 1/ J. ___ , Addres~ './.. :iiJ crk {9 '-' Date . July 20. 1989 Mitch Hurlburt 8707 Dellwood Road North Mahtomedi. MN 55115 426-5352 Dear Resident: I am in the process of purqhasing 1914 1 st Street North. Before I purchase I need to know that I can build a ne~ house on this lot. I plan to tear down the existing house and rebuild a new one. I ~eed to obtain a variance and your signed approval would help speed up the processl I believe this would be a geat improvement over what now exists on the property; If you would please sign th~s form stating that you do approve and return it to me as . soon as possible it will be jhelpful to me. I Sincer~.d ;LI!~ I I I Mitch Hurlburt J approve of Mr. Hurlburts ~Ian for the property at 1914 1 st Street North. J.i~ - .." - ,;,C:' ,___, <. . -r.) /~lQ/:...<; . ~ - _ ~~.....u::~'---- c( C-c-___V-(/'--L- 0- --- J- Name i"'\ \ ~ 'l-.. '+ \i\x).'Jf~~ \:. S~~~~g'J-- Adctess ! . ~r'1 :10, l~ 3'1 Date I . . . . July 20, 1989 Mitch Hurlburt 8707 Dellwood Road North Mahtomedi, MN 55115 426-5352 Dear Resident: I am in the process of purchasing 19141st Street North. Before I purchase I need to know that I can build a new house on this lot. I plan to tear down the existing house and rebuild a new one. I need to obtain a variance and your signed approval would help speed up the process. I believe this would be a geat improvement over what now exists on the property. If you would please sign this form stating that you do approve and return it to me as soon as possible it will be helpful to me. Sincerely. . / ~ L -ff!'.."-' d/iw ~ Mitch Hurlburt I approve of Mr. Hurlburts plan for the property at 1914 1 st Street North. J /qO\ Adcress 7-;)1-81 l\J ~ '61, Date 4ft - ~" I :L- . 11 \ \ 1 \ . ~ 5C.A Ie ~ ~ I"; ,70 I " " ~ '\ !, \~ ~t4 "- . \ t I 0, -\ - ~- n)t.s-f ~.,. A/. , i.- t:) - - - - \ ELA 1114 7'/0/.1 4 iol" jot";{ 8/(J~1-1q:._~c{l'I/ f- C;;c!Aa/efi1/P"'1-'5J A\!J,"t/o pi) \ - . , &- s;~ tXi.~Ji tv! V' . tl . ,J . II ::;:.., I . i , I I )3 I.. ,'~- -'. . ..-.~_., .:". ... --- .- '-. r I' I .1 I .' , 1 ~' , I t... . 1:1~;J f)tC1~...' II . /,L -' [V (, \. ,)' l t/-- i ~ I ~O I : .' YVf.i~ 1,/ a A vA- T /M.J . I . -;)I'~ ~./.. I. ' . _ :) v..... ~"" ~- /'..c, , . . ./" ' j)0 y /i /5/ :;'/ $T' ur.f~ ....;,t' d ,. i--- I i i ; 10 / ~ r ))fi-~ . 7 I ~ i I I l H~' ~._.- .. - - I , ~rlA.lN f J el J. --7 ........ '~ . 10' I J/ ! / ...::?- . r-. ~ .",. i .~/ 7; ...) ~ ~J' / . ld. ' I 1b~1 l I I i : / i 1\ .. I I tE:-jf'-7'; : ;} \l.d Sout-k ()'7Ik/~ I 1d \:1 J/. ~ 1ft); fI.. , se,f tic.. tit It( 0 .--7 'w~o , . pJI'JIY1.~ V t: \ L 0 VS~ Y r, ..,......-.__.A ...._ 0_,.... r iIlwater I ~ :-..;: I -- ,~ : THE BIRTHPlACE OF MINNESOTA J . MEMO TO: STEJE RUSSELL, COMMUNITY DEVELOPMENT OIRECTOR FROM: VERNON RYLANDER DATE: JUL~ 17, 1989 SUBJECT: VERIIFICATION OF REPORT ACCURACY I have exami~ed the soil report and site plan submitted for Lot 2, Block 4:8 of Carli and Schulenberg's Addition. I also visited the site to check the topography and the proposed sewage system ,1 ayout. The documents are accurate and the lot is adequate to support an on-site sewage system and private well. Vernon Ryland~r ~~ Building Insp~ctor I . . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . r illwater ~ ~ _ TH;;-IRTHPLACE OF MINNESOTA i) " \. MEMO TO: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR \ FROM: VERNON RYLANDER DATE: JULY 17, 1989 SUBJECT: VERIFICATION OF REPORT ACCURACY / I have examined the soil report and site plan submitted for Lot 2, Block 48 of Carli and Schulenberg's Addition. I also visited the site to check the topography and the proposed sewage system layout. The documents are accurate and the lot is adequate to support an on-site sewage system and private well. Vernon Rylander ~~ Building Inspector . . t." " . . .,.'. . "" ' ~ . . .. , I Soils Evaluation Company 13481 60th Street North Stillwater, MN 55082 Ju ly 11, 1989 Mr. Mitch Hurlburt, I have examined the soil on your lot described as Lot 2. Block 48, Carli & Schulenburg's Addition. The borings were done to a depth of six feet. The soil on both holes consisted of a silty fine sand and a medium to course sand. There was no presence of bedrock or seasonally saturated soil. Before a system could be sized. a perculation rate will need to be established. However. from the soil texture it is evident that the perculation rate will be quite rapid. therefore, using up very little yard area. Soils of this type require very little trench bottom area. It is necessary to concentrate the wastewater flow in a smaller area to form the biomat layer and effectively treat the wastewater. As mentioned above, a perculation rate will need to be established to correctly size the system. Because of the sandy conditions, there should be enough open yard space on the property to accomodate a septic system. Enclosed you will find a rough site sketch and boring logs~ If you have any questions please feel free to contact me at 439-7800. Sin~, ~A. G~~, Jr. MPCA Certification #560 B-3l Locacion or Proj.cc Lot 2 iBlock 48, Carli & SChUlenbU~'S Addition . J,or1Da. 1UCIe- by ,"]:IIJ~p~G-:;;;;6r hJ'l~1? 14ZL'/JO/l :/I.5%tJ Dac. 7/1/ln J Claa.:lf:lcac1oll 51. tea I W~ ; USDA-se&. V; Un1fied ; other .......1' _.4 (dLack cwo): ~ _' 01' Power ~ Flight _' 01' Bucket _; other._ i LaRs of Soil Borin~s = . Depth, 101::lA. llUIIbet: Dellth, Borinl number ~ 10 Surfac. .levacion in Surface elevac10n feae t.ee 0 0 ..- . 5(11' / 7d/1 6t1/ h/l 1 1 2 f'le ch ' a.A4 1~J1c! 2 e~ 'tA~ 1t' II II II /I II 3 3 I1f~'ur1 -ft) /I It II 4 4- i It i 'I /J fled, '1,/ Pf ~d .t~afl~e I .... 5 S .J II I II II II 6 6 / 7- 7- 8- 8- J End of borin. at Standing water table: ~e.ent at feet of 4epth. hours after baring. Not present ill boril1& hole I V. ! ! i Mot tled 80il: I Observed at feet of I depth. Not pre..nt 111 boring hole I 7" Observation. and COI'lllleDtS: I i ! to , I i I feet" End of boring at ~ feet. Standing water table: Present at feet 'of depth. hours after boring. Not present in boring hole ~ Mottled soil: Observed at feet of depth. Not present in boring hole ~ Observations and COUlDents: . " .. , ____----.. __0'_' ____ --- __0 ,:"A .,., ,.;'i .\ a~__~__' a_ -... . " .,.,...._ "l.~:" .. _4_' ". ! , i I ! , ~ tJt t()!.;z- .B/Pt) tf~ - - ;-. . 1 ~12 r Ie r _sd II/Ul /;u I' 9: tJd~/i IIi?,-. It? S///lJtJ"'/p'. [ - ., ~r} )(/s/l';( \ ;-:"? .; ____ I , . I , i ..- .--~- ..... - --- - . " , I . - . , fiJ ,.. "" l tV f I etJ. . --7 ~ ;Y'OJ"# I 5~P~\~~. \ QjU , sef t,<. ~i!!;() I NeJ.1r ~. ~'\) ~ .;7 '1 . ~. . I , : 10 / ! . JVJI ~p 1_". I ! ! . I , , , / 1_7', , . f/.J"JI~' {/ S.L- ,t () V Y r, . 1',' /' ~ . I ' . I I i / ; \ \ I '~t."L.c -. I . \. L () ~/f'-7\ ~ , : : . ~o . \ _ Kf;l 1,/ a,A IIA r N<lj · : { " :-. -:> ,,1-. '"" /' ' I ,._ _ } v~I(,.((~ r re, \ ~ ' / /10.' '14 /51 s/.$1'o.-".,;rJr-)i . .' ~ J u.d Sou'\-'k 01: IJd7~ I . ' \ . 3 H~' \ . ,'" J,. " . - -;..--" ;),' .;- . ~.. ..' .. -~" I ; I .. I , . \ f..~=- ~,b \ \ i I . / \ {{{~\ . fxi.$+i Y'1 fl~.. Ote. ~ . '. €Q~l J . .. ~ 1- I . _ .'1 .. \ . ~ I . . \ . .. ~ ~ \ \ \ , \ ~ '\ '. \ .. \ \ ~ \ .~ " \ , , .. \. I \ \ \ . . \ \ , , \ I. I \ \ - ) . , . . \ \ \. I ~ . \ \ \ \ I I \ \ ~ . . \ I . , . ~ I · \ \ . . \ J.t1f 1. . I . . . . . t!f I { Lj,~\(' " ~. .,c- 11-'. . . . . .ttr ~ . {)e,/*; " ... 1l(IU. ~..l4bIG /4' Q131'=' ~ f~. .e,ot\~ . ~ . '3 I 1',~ \,V'. . ~. ~. . .. f~f6~a JU~ t, ~'1' r a ~ ~~' - - ~ ,.' . . . 6~111e--- =1" -:: ;;A.!. ... ~ ..... - -~~) . . . . '1s<::JO s'q~ . . . LA I en hlA \ · ~>tf~~ i C().~ 1/ f 6c.- HiJltJ~ \. . . , I ~ I . ' . ~illw~te~ . THE """",,, OF .,,''''~ TO: FROM: \. DATE: \ MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR AUGUST 10, 1989 SUBJECT: MODIFICATION TO APPROVE PLAN FOR A CAR WASH AT 1750 SOUTH GREELEY STREET (MINUTEMAN GAS STATION) IN THE IP-C INDUSTRIAL PARK COMMERCIAL DISTRICT, JOHN OGREN, APPLICANT. BACKGROUND: ON October 4, 1988, the City council approved a four stall car wash for the site. Since that time, the applicant has reconsidered the .design and are proposing a modification to original plans by reducing the number of stalls from four (three self-serve and one automated) to one automated car wash. This change is a reduction in the size of the building and lot coverage with additional landscape area. The material used in the building will be similar to those used at the gas station. The plans have been reviewed by the City Traffic Engineer. . CONDITIONS OF APPROVAL: 1. The site be graded as per engineer1s recommendation. 2. A sign plan be submitted for the car wash or any additional change at the IIMinutemanll site. 3. The landscaping be completed before the car wash opens for business. Should icing occur at Curve Crest entry to car wash, the City can request the applicant to correct the situation. RECOMMENDATION: Approval of modification with conditions. ATTACHMENT: Revised plans - (August 2, 1989) . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . I. . . r iIlwater ~ ~ 'lilo..... ,~ THE BIRTHPlACE OF MINNESOTA J TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 9, 1989 SUBJECT: TAX INCREMENT FINANCING POLICY On July 6th the City Council reviewed and commented on a Draft TIF Policy. Based on the comments received from the City Council, Consultants, City Attorney and TIF Attorny, the Final TIF Policy has been prepared for your review and approval. RECOMMENDATION: Adopt pOlicy and application forms. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . CITY OF STILLWATER TAX INCREMENT FINANCING POLICY PURPOSE: The purpose of this policy is to describe the City's goals and objectives for the use of Tax Increment Financing assistance and to establish a review process for Tax Increment Financing proposals including requirements, review criteria, eligible activities, and funding approach. GOALS AND OBJECTIVES: The goal for the City of Stillwater is to encourage and provide for the revitalization of the City through the development, or redevelopment, of existing and new commercial, industrial and residential areas, to increase jobs, to strengthen the local tax base and to assist in the provision of a variety of affordable housing opportunities for City residents. OBJECTIVES: 1. Create a desirable and unique character through compatible land use and quality design in new and redeveloped building. 2. Stabilize and strengthen the local property tax base. 3. Increase job opportunities for City residents. 4. Eliminate blight and substandard conditions that impede the development potential and economic health of the Downtown Area and other development district areas. 5. Preserve historically significant structure for reuse in viable commercial, industrial or residential activities. 6. Encourage local busine~ expansion. 1 . . . 7. Promote the development of certain areas and properties consistent with the City Comprehensive Plan, Downtown Plan and Special Area Plans. 8. Retain and attract stable industries which provide significant employment and tax base. PROCEDURE The following process lists the steps the City will follow in reviewing TIF assistance requests. 1. The applicant shall present the general development concept and discuss the project with the Community Development Director. 2. A written request shall be submitted to the Community Development Director's office with the information described below along with the attached Tax Increment Finances pre-application, preliminary agreement and deposit. 3. The request will be reviewed internally by Staff and Consultants, as appropriate. Staff will address completeness of pre-application and generally evaluate the project using the TIF requirements and review criteria. 4. The application shall be placed on the City Council agenda. The developer shall make a formal presentation and Staff report presented. 5. If the City Council preliminary review is positive, a full application shall be filed. A complete study of the project will begin, including financial and market analysis. 6. Concurrent with Staff project review and analysis, the developer shall begin City planning permit review. 7. Upon completion of the Staff's review and analysis and the Planning Commission planning permit recommendation, the reports shall be forwarded to the City Council for decision. 2 : . 8. If the reports are satisfactory to the Council, the Council may authorize Staff to commence negotiations on a development contract to make any modification to the Development Program for the Development District and Tax Increment Financing Plan and to follow the statutory procedures for notification to Washington County and the School District. All public hearings, zoning, environmental review requirements, and other normal municipal procedures shall be met. 9. If the proposal and all necessary reviews are approved, the applicant shall enter into a detailed development and assessment agreement with the City. The agreement shall include suitable collateralized guarantees, a minimum assessed value for the project, an equity participation agreement as appropriate and guarantees that the tax increments will begin to be received on a certain date, the amount of security required will be based on the City's assessment of the risk of the project. GENERAL REQUIREMENTS FOR PROPOSAL . 1. Public benefit of assistance must be clearly demonstrated. It must be financially demonstrated that the project will not take place without tax increment assistance. All proposals requesting TIF assistance shall sign a IIbut forll letter showing the need for the public assistance and that, but for the assistance the project would not go forward or would locate in a different area. 2. Developers must provide full disclosure of project financial and market information so that the City can have the information varified and . reviewed by a qualified expert. 3. All projects requesting tax increment assistance shall be of the highest quality of design including brick or masonry materials exhibiting a distinctive non-generic style, extensive landscaping, underground irrigation system, screened service and utility areas and subdued exterior lighting and signage. . 3 . . . 4. The valuation of built improvements for the proposed project shall be at least $600,000 and offer at least four hundred hours per week of employment opportunity. 5. All proposals shall be located in the Development District. 6. Construction for all assisted proposals must start within one year of planning permit approval and be completed within two years. (For extra- ordinary reasons, this may be extended by the City Council.) 7. Assisted sites shall not be land banked for future use but developed at the time of assistance. 8. TIF proposals shall not be speculative industrial, commercial and office projects. (In general, speculative projects are defined as those projects which have lease agreements for less than 70% of the available leased space.) 9. TIF assistance will not be used in projects that involve excess lands and/or higher than market property price. 10. The developer shall retain ownership of the project at least two years from the date of completion to stabilize occupancy, establish project management and begin repayment of TIF. REVIEW CRITERIA 1. Projects shall leverage the maximum private investment possible. Generally, they should achieve an 8 to 1 private to public ratio. Less ratios may be acceptable where an overwhelming public purpose is served. 2. The project must be consistent with the Comprehensive Plan, Downtown Plan, Special Area Plans, Zoning Ordinance Requirements and Design Guidelines. 4 . . . 3. Any developer requesting City assistance must be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 4. Development proposals shall create or retain a significant number of jobs with special priority given to primary wage earner full-time positions. 5. Proposals shall optimize potential of the site. 6. TIF funding will not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans, and City policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the City; projects that do not provide a significant increase in tax base; projects that do not have a significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the City; and projects that do not provide the highest and best desired use for the property. ELIGIBLE USES OF TAX INCREMENT ASSISTANCE 1. Acquire land or building space which is vacant, unused, under used, or inappropriately used. 2. Provide for the financing and construction of public improvements; i.e. water, sanitary sewer, and storm sewer lines, roads and drainage. 3. Provide for site preparation; i.e. grading, soil correction, cliff dewatering, landscaping or drainage improvements for private development. 4. Enhance building design and site landscaping. 5. Provide adequate business and shopper parking. 5 . . . 6. Reduce special assessment and write down land costs. FUNDING APPROACH The preferred method of providing assistance for private projects is the "pay as you goll approach and the loan approach. IIPay as you go" does not involve the issuance of bonds, and thus limits the City's financial exposure in these uncertain times of State enabling legislation. The loan approach involves the sale of tax increment bonds, and loaning the proceeds to the developer which, in turn comes back to the City with interest. The repayment funds would be placed in a development account to assist with future development. This lessens the bond risk because there are two income streams, tax increment and loan payments, that can be used to meet the bond obligation. Only in special unique situations where there is very significant benefit to the community, will IIUp frontll assistance be considered. A combination of assistance techniques may be appropriate in some situations. The following TIF allocation criteria will be used as a guideline: (1) A minimum of 50% of all new TIF proceeds shall be used in the Downtown Redevelopment District to correct blighted conditions (2) New or expansion of basic industrial development may receive TIF assistance according to the Economic Development District requirements (maximum eight years of assistance) (3) Other commercial office retail or service business may receive two and one half years of "pay as you goll assistance (50% of TIF proceeds for five years) for land write down or special assessment reductions. PRINCIPLES USED TO REVIEW AND NEGOTIATE TIF DEVELOPMENT CONTRACTS 1. To limit public financial assistance to a project to the minimum amount necessary and assure the successful accomplishment of the project. 2. To keep the payback period for tax increment bonds and loans to the shortest term possible. 6 . . . : 3. To provide tax increment assistance only to those projects which generate sufficient increment to cover debt service. 4. To provide the greatest security possible to protect the City's investment in the project. 5. To recapture the public investment to the maximum extent possible through equity participation in the project or to treat TIF assistance as a second mortgage with fixed payments. 6. To assist only projects that will not result in significant negative environmental impacts on the City. 7. TIF assistance will not be used to give a competitive financial advantage over similar projects in the area. 7 . . . CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called IICityll) and a corporation organized under the laws of the State of (hereinafter called IIDeveloper"). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Actll) in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. COsts and expenses shall include, but not be limited to, all out-of-pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and/or public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City df Stillwater, Minnesota, this , 1989. day of DEVELOPER: CITY OF STILLWATER Wallace Abrahamson, Mayor . . . CITY OF STILLWATER PRE-APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: Address: Telephone number: Name of contact person: REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobS to be created and other community assets. 6. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employees and agents. SIGNATURE Applicant's signature Date .. . APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE 1. Qualifications of developer, including prior experience in similar or other developments. Qualifications of principal member of development team, including the architect, construction company, and financial advisor. 2. IIBut forll letter describing need for TIF assistance. 3. Financial information, including developer participation, and public and private funding. 4. Description of present ownership arrangement of project site. 5. Describe project. If project is a building, or addition to a building, specify number of stories, square footage, and related parking. (Attach site plan, landscape plan, and building elevations indicating building materials. 6. Describe use in building, i.e. industrial, office, commercial, and number of new employees resulting from the project. 7. Estimated project costs: a. Land acquisition: $ . b. Site development: $ c. Building cost: $ d. Eq ui pment : $ e. Architectural and engineering fees: $ f. Legal fees: $ g. Bond discount, fees to underwriter and brokerage fees: $ h. Interest during construction: $ i. Off-site development cost: $ j. Initial bond reserve fund: $ k. Contingencies: $ l. Other (please specify) $ Total $ . 1 . . . ; 8. Will project be occupied by applicant after completion? If not, state name of future lessees and status of commitments or lease agreements and amount of space. (Attach lease documents. 9. Describe amounts of City assistance being requested and for discuss what purpose. O. Are there any significant environmental impacts signs that impacts to the site or area that may result from the project? 11. Present schedule showing dates for design, construction and occupancy of the project 12. Applicant: a. Name b. Address 13. 14. c. Phone d. Authorized Representative e. Business Firm (Partnership, Corporation, etc.) f. Date the Partnership or Corporation was formed Names and addresses of principal partners, major stockholders, etc. Names, addresses, phone, and contact person for firms providing consulting services for the project. a. Architect/Engineering b. Financial c. Market d. Legal e. Other 15. Financial History/References a. Have you applied for conventional financing for the project? List status and details b. Have you or any of the principals in the project ever filed for bankruptcy? c. Have you or any of the principals ever defaulted on property taxes for property in the City of Stillwater? d. Are your or any of the principals currently delinquent on property taxes for property in the City of Sti llwater? e. List three financial references 16. A statement indicating the developers willingness to undertake the development of the proposed project if: a. A satisfactory agreement can be reached for the City's commitment for the requested public improvements; b. A satisfactory mortgage and equity financing for the proposed project can be secured; and 2 . . c. The economic feasibility and soundness of the proposed project have been analyzed and confirmed to the satisfaction of the City and the developer. Statement of willingness of developer to enter into an agreement, after project planning has been completed, which would require developer to provide appropriate guarantees prior to the City's provision of assistance to undertake public activity related to the proposed project. 18. Any other pertinent data developer wishes to propose. 19. The City reserves the right to require additional information and supporting data from the applicant after the filing of this application. Applicant understands and agrees that the information contained in this application and the information contained in items above is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or in part, to persons other than City's officials, employees and agents. The Undersigned, (a) (the) of applicant, hereby represents and warrants to the City that (he) (she) has carefully reviewed this application, and that herewith are accurate and complete to the best of the Undersigned's knowledge and belief. Dated: By: Its: 3 . . . LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 183!S NORTHWESTERN AVENUE STILLWATER, MINNESOTA !S!S08Z LYLE.J. ECKBERG .JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK .J. VIERLING V'CKI L GIFFORD GREGORY G. GALLER (612) 439-2878 FAX (512) 439.2923 August 11, 1989 Nile L. Kriesel Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 In Re: Time Out Sports, Inc. Dear Nile: Regarding the above-entitled matter, I have been advised by Briggs and Morgan that we will need five fully executed copies of the Resolution to be adopted by the City and five executed copies of the City's consent to the Assignment. I am enclosing five copies of the Consent form which I would also appreciate the Mayor and the Clerk executing. Should you have any questions regarding this request or this matter in general, I would appreciate your giving me a call. Thank you for your anticipated cooperation regarding the above. Very truly yours, 2 CJ, <----. #-;); /~ ames F. Lammers JFL:tmk Enclosures ~~~ ,~ ~~. ~ CONSENT OF CITY The City of $tillwater, Minnesota hereby consents to the transfer of the P~oject, and the release of the Miesterling, . Orn & Powell Part ership, and its partners, from their obligations under the Loan Agreement, all as described in the forgoing Consent 0 Transfer and Release of Partnership and Guarantors. Dated August __, 1989 CITY OF STILLWATER, MINNESOTA Mayor City Clerk 5 . . . . . ... t .. LAW OF"F"/CES OF" ECKBERG. LAMMERS. BRIGGS. WOLF"F" Be VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, M'NNESOTA 55082 LYLE..J. ECKBERG ..JAMES F". LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF" MARK ..J. VIERLING VICKI L. G'F"F"ORO GREGORY G. GALLER (1512) ~38.2878 F"AX (1512) ~38.2823 August 2, 1989 Nile L. Kriesel City Administrator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 In Re:. Time Out Sports, Inc. - $180,000.00 Commercial Development Revenue Note of 1984 Dear Nile: Regarding the above-entitled matter, I wish to advise you that I represent Dr. Robert C. Meisterling, Dr. Richard M. Powell and Wayne A. Orn, the general partners of the partnership which owns Time Out Sports in Stillwater. My clients have sold the Time Out Sports business, building and land to James C. Kron and Marilyn J. Kron, husband and wife. The sale has been reviewed and approved by the First Star Stillwater Bank and Briggs and Morgan. The purchasers have assumed and agreed to pay all of the remaining obligations under the abov~-referenced Commercial Development Revenue Note. In order for my clients to be released from their personal guarantors at the Bank, the consent of the City of Stillwater to the transfer and release of the partnership and guarantors is required. I therefore am enclosing a document entitled Consent to Transfer and Release of Partnership and Guarantors and a proposed Resolution authorizing the sale of Time Out Sports to the Krons. I can assure you that the Krons are financially sound purchasers and, as stated above, the First Star Bank has approved the transfer and sale to the purchasers. We would very much appreciate your placing on the next regular agenda of the City Council the Resolution authorizing the sale and, assuming that the Resolution is adopted, we would further appreciate your obtaining the signatures of the Mayor and Clerk on the Consent to Transfer. We will require an executed copy of the Resolution and an executed copy of the Consent. If it would be necessary for a representative of Time Out Sports to appear before the City Council, I would appreciate your so advising. August 2, 1989 Page 2 I i By means~of a copy of this letter, I am forwarding to David Magnuson, t e City Attorney, a copy of the enclosed documents. If eiher you or Dave have any questions regarding this matter, plea~e do not hesitate to give me a call. I look forward to hearin~ from you regarding the above. ~verY l:rU1Y2YOU~ L-__h or! ) "' J es F. I; mmers JFL:tmk Enclosures c: i I David T. Magnuson (w/enc.) ... .. , . i . . . . . . .. 543B RESOLUTION AUTHORIZING SALE OF TIME OUT SPORTS FACILITY AND RELEASE OF SELLER AND GUARANTORS WHEREAS, Meisterling, Orn & Powell Partnership (the "Assignor") owns a commercial facility located on the real estate located in Washington County, Minnesota and described on Exhibit A attached hereto (the "Project") and has entered into a Purchase Agreement dated .-} iA lie- 7'> / qj' -7 ,under which it has agreed to sell the Project to James C. Kron and Marilyn Kron (the "Assignee"); WHEREAS, to provide initial financing for the Project, the City of Stillwater, Minnesota (the "City") issued its Commercial Dev~lopment Revenue Note of 1984 (Time Out Sports, Inc. Project) in the principal amount of $180,000 (the "Note") ; WHEREAS, the Note was purchased by Firstar Stillwater Bank, N.A., a national banking association, formerly known as The First National Bank of Stillwater (the "Bank") and the proceeds of the Note were loaned by the City to the Assignor pursuant to terms of a Loan Agreement by and between the City and Assignor dated as of December 26, 1984 (the "Loan Agreement"); WHEREAS, the Note is secured by, among other things, a Mortgage, Security Agreement and Fixture Financing Statement from Assignor in favor of the Bank dated as of December 26, 1984 (the "Mortgage"), which was recorded and filed on January 3, 1985, in the office of the Washington County Recorder as Document No. 477163 and an Assignment of Leases and Rents from Assignor in favor of the Bank (the "Assignment"), which was recorded and filed on January 3, 1985, in the office of the Washington County Recorder as Document No. 477164; WHEREAS, the Note is also secured by a personal guaranty (the "Guaranty") executed jC?intly and severally by Robert C. Meisterling, Janet Meisterling, Wayne A. Orn, Nancy Orn, Richard M. Powe~l, and Marcia Powell (collectively the "Guarantors") in favor of the Bank, and by a lease of the Project executed by Assignor (the "Lease"); 1 . WHEREAS, in connection with the sale of the Project, the Assignor and Assignee desire to obtain the consent of the City and the Bank to such sale as is rquired by the terms of the Loan Agreement, Mortgage and Assignment and to the release of the Assignor and Guarantors from their obligations in connection with the Project; WHEREAS, it has been represented to the City that the Bank has granted its consent to the transfer of the Project by the Assignor to the Assignee pursuant to the Purchase Agreement, and to the release of the Assignor. and Guarantors from their obligations in connection with the Project by its execution of the Guaranty Transfer and Release of partnership and Guarantors in the form attached hereto as Exhibit A; and WHEREAS, the Assignor has requested the City's to the transfer of the Project and release of Assignor. . NOW, THER~FORE, be it resolved by the City Council of the City of Stillwater, Minnesota as follows: 1. The City consents to the sale and transfer of the Project by the Assignor to the Assignee in accordance with the terms of the Purchase Agreement and consents to the assumption by the Assignee of the Loan Agreement, Mortgage and Assignment. Said consent to the sale and transfer of the Project, and the assumption by the Assignee, relates only to the sale and transfer by the Assignor to the Assignee, and said consent shall not be deemed to be the City's consent to any other sales, conveyances, transfers or assignments of the Project hereafter made by the Assignee or any other person or entity. 2. The City hereby releases and discharges the Assignor and its partners from all obligations to make all payments, or to otherwise observe and perform all of the covenants, agreements and obligations to be performed by the Assignor, its partners under the Loan Agreement, the Mortgage, the Assignment, and all other agreements, documents and instruments executed and delivered in connection therewith (hereinafter sometimes referred to as the "Loan Documents") and to accomplish such release, the City hereby waives the provisions of Section 4.08 of the Loan Agreement which would otherwise requi~e that Assignor continue to be liable under the Loan Documents. The Bank further understands and agrees that the Lease shall be terminated in connection with the transfer of the project from Assignor to Assignee, and the Bank hereby consents to such termination, as required by the Assignment. . 2 The MayQr and City Clerk are hereby authorized and to exec4te the City's consent on the Consent to and Rel~ase of partnership and Guarantors. Adopted by Jhe City Council of the City of Stillwater, Minnesota, this 8th day of August, 1989. i i 3 . directed Transfer Mayor Attest: City Clerk 3 . . . , ,. . . . 543B CONSENT TO TRANSFER AND RELEASE OF PARTNERSHIP AND GUARANTORS This Agreement is made as of the 1m day of August, 1989, by and among Meisterling, Orn & Powell partnership, a Minnesota general partnership (the "Assignor"), James C. Kron and Marilyn J. Kron, husband and wife (collectively the "Assignee"), and Firstar Stillwater Bank, N.A., a national banking association, formerly known as The First National Bank of Stillwater (the "Bank"). RECITALS WHEREAS, the Assignor owns a commercial facility located on the real estate located in Washington County, Minnesota and described on Exhibit A attached hereto (the "Project") and has entered into aReal Estate Purchase Agreement dated June 30, 1989, under which it has agreed to sell the project to the Assignee (the "Purchase Agreement"); WHEREAS, to provide initial financing for the Project, the City of Stillwater, Minnesota (the "City") issued its Commercial Development Revenue Note of 1984 (Time Out Sports, Inc. Project) in the principal amount of $180,000 (the "Note"); WHEREAS, the Note was purchased by the Bank and the proceeds of the Note were loaned by the City to the Assignor pursuant to terms of a Loan Agreement by and between the City and Assignor dated as of December 26, 1984 (the "Loan Agreement"); WHEREAS, the Note is secured by, among other things, a Mortgage, Security Agreement and Fixture Financing Statement from Assignor in favor of the Bank dated as of December 26, 1984 (the "Mortgage"), which was recorded and filed on January 3, 1985, in the office of the Washington County Recorder as Document No. 477163 and an Assignment of Leases and Rents from Assignor in favor of the Bank (the "Assignment"), which was recorded and filed on January 3, 1985, in the office of the Washington County Recorder as Document No. 477164; ~ WHEREAS, the Note is also secured by a personal guaranty (the "Guaranty") executed jointly and severally by Robert C. Meisterling, Janet Meisterling, Wayne A. Orn, Nancy Orn, 1 g .l Richard M. powell~ and'Marcia Powell (collectively the "Guarantors") in I avor of the Bank; . WHEREAS, in fonnection with the sale of the Project, the Assignor and Assignee desire to obtain the consent of the Bank to such sale as ~s required by the terms of the Loan Agreement, Mortga~e and Assignment and to the release of the Assignor and Guar~ntors froln their obligations in connection with the prOject;11 WHEREAS, the Bank is willing to grant its consent to the transfer of the P oject by :he Assignor to the Assignee pursuant to the P rchase A~eement, and to the release of the Assignor and Guarcfintors frc. their obligations in connection with the Project ~n consid~ 'at ion of the various agreements of the Assignor and the AssigI:e as hereinafter set forth; NOW, THEREFO*E, in cOI.jideration of the foregoing and the covenants and agr$ements h(ceinafter set forth, the parties hereto agree a9 ftIIOWS: 1. The abov$ recital[ are true and correct and constitute a parti10f this ~Jreement. 2. The Bank,consents so the sale and transfer of the Project by the As$ignor to the Assignee in accordance with the terms of the Real Estate PLcchase Agreement and the Warranty Deed to be executej!d and deLLvered by said parties in . accordance with S1id Purchc~e Agreement, and consents to the assumption by the AssigneeJf the Loan Agreement, Mortgage and Assignment. Said consent to the sale and transfer of the Project, and the;ssumptioL by the Assignee, relates only to the sale and tran fer by the Assignor to the Assignee, and said consent shal, not be deemed to be the Bank's consent to any other sales, conveyances, transfers or assignments of the Project hereafter made by the Assignee or any other person or entity. I I 3. The Bank~'herebY releases and discharges the Assignor, its partners and he Guarantors from all obligations to make all payments, or 0 otherwise observe and perform all of the covenants, agreem ,nts and obligations to be performed by the Assignor, its partners or the Guarantors under the Loan Agreement, the MOI:!tgage, the Assignment, and all other agreements, docurn~nts and instruments executed and delivered in connection the~ewith (hereinafter sometimes referred to as the "Loan Docwnen IS") and under the Guaranty. . 2 . . . . I 4. The Assignee agrees that ~t has received, reviewed and approved all of the Loan Docum~nts, and that the Project is and shall remain subject to the~lien of the Mortgage and the Assignment and shall be subjec to all of the terms, conditions, restrictions and provi ions of the Loan Documents, and Assignee agrees that it shall bserve and perform, or cause to be observed and performed'l all of the covenants and obligations to be performed by the Assignor in the Loan Documents. The Assignee agrees thJt it shall not sell, convey, transfer or assign, by operiation of law or otherwise, all or any part of the Project or ~ts interest therein, legal or equitable without the prior wri~ten consent of the Bank, and Assignee shall not do or permi~ anything to be done to cause interest on the Note to become taxable for federal income tax purposes. I I 5. Nothing herein contained ~nd nothing done pursuant hereto, shall affect or be constru d to affect the lien, charge or encumbrance of, or warra ty of title in, or conveyance affected by said mortga es, or the priority thereof over other liens, charges, encumbr~nces or conveyances. 6. The Assignee agrees that 't has purchased the Project from the Assignor based only upon 'uch representations and warranties as may have been made b~ the Assignor to the Assignee and upon such inspection nd investigation as it has deemed appropriate in connection w'th such sale and purchase, and neither the Bank nor City shal have any liability or obligation whatsoever to the ASSig~ee on account thereof. The Assignee hereby expressly acknowle ges and agrees that no representations, warranties or agr ements of any kind, respecting the Project, the Assign~r or the Loan Documents, have been made by the Bank or the 9ity to the Assignee, unless otherwise expressly stated herein. I 7. The Assignor warrants and Irepresents to the Bank that no Event of Default, or no event wich, with the passage of time, or the giving of notice, or oth, would constitute an Event of Default, under the Loan D cuments has occurred which is continuing. The principal amou t owing as of the date of this Agreement is $152,315.79 and npaid accrued interest as of said date is $402.21, all of wh'ch unpaid amounts are secured by the Mortgage. 8. Except tor the release of I~SSignOr and Guarantors, and the consent to the termination Ef the Lease, set forth in paragraph 3 above, which are inten~ed to waive certain provisions of Section 4.08 of the ~oan Agreement relating to I I 3 " the Assignor, and iin the Assignment nothing herein contained shall be deemed t9 amend or modify the Loan Documents and the . same shall remain lin full force and effect. IN WITNESS WHEREOF, this Agreement has been executed by the parties heretq in the manner and form sufficient to bind them, as of the d9y and year first above written. "ASSIGNOR" By: Its: MEISTERLING, "ASSIGNEE" ~ t.~__ J<un s C. Kron m~ (/Y)f})f'~{/J)( In . Yo/Jt ) Marilyn J. ronV" - . "BANK" FIRSTAR STILLWATER BANK, N.A. (formerly known as The First National Bank of Stillwater) By: ~~\Jt&W Its: d I , . 4 . CONSENT OF CITY The City of Stillwater, Minnesota hereby consents to the transfer of the Project, and the release of the Miesterling, Orn & Powell Partnership, and its partners, from their obligations under the Loan Agreement, all as described in the forgoing Consent to Transfer and Release of Partnership and Guarantors. Dated August __, 1989 CITY OF STILLWATER, MINNESOTA Mayor City Clerk . . 5 illwater . ~ THE BIRTHPLACE OF MINNESOTA ~ TO: Mayor and City Council FR: City Coordinator DA: August 11, 1989 RE: SEWER RATE ADJUSTMENT BASED ON OCCUPANCY CHANGE . Presently, the City does not have a policy for "automatic" adjustment to sewer bills when a change in occupancy occurs. Any adjustment must be approved by the City Council. Although I would suggest not tampering with this policy and process, I would ask the Council to consider the possibility of allowing the billing clerk (under the direction and control of the Finance Director) to make adjustments involving change in occupancies. For example, I received a call (and now a letter requesting an adjustment) from a person who moved into a home on July 15, 1989. The sewer bill for the third quarter, which was mailed out during the week of July 24th, was determined by the water usage of the previous occupants. The previous occupants were a family of five with two diaper age children. The new occupant are a family of three with one post-diaper child. The family of five generated a sewer bill of $137.70 ($39 + 2.10 x 47(000) $98.70 overage). The new occupants will most likely have less water usage but will still have to pay an extremely high sewer bill unless an adjustment is allowed. I would suggest the following policy for adjusting sewer bills for ~ occupants: Single Occupant = Minimum Charge Family of two = Minimum + 5,000 gallon overage Family of three = Minimum + 10,000 gallon overage Family of four Minimum + 15,000 gallon overage -Family of five + = Minimum + 20,000 gallon overage (Based on average water usage - rounded off) I believe this will provide an equitable way of charging new occupants for sewer usage until their occupancy generates a bill based on actual usage. Your packet includes the request referenced above as well as two identical requests. The requests contain my recommendations which is consistent with the policy recommendation. ~ ;?;-c;L( . CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .,' " . LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 8122 Action'Rental American Linen Supply Arrow Building Center A T & T A T & T Board of Water Commissioners B. S, N. Sports Century Power Equipment certified Laboratories The Courier . DuBois Chemicals Earl F. Andersen & Associates Greeder Electric G & K Services Hardware Hank I. B. M. corporation International Personnel Management Assn. Junker Sanitation Service Lakes Gas. Company L. N. Sickels and Company Magnuson and Dieperink Martin, Randall Minnesota Conway Fire Safety National Fire Information Center Oakridge Community Church st. Croix Cleaners St. Croix Drug St. Croix Recreation Short Elliott Hendrickson Springsted Stepp Manufacturing Company Stillwater Gazette The Supplies Centre T. A. Schifsky & Sons Thompson Hardware Company Twin city Testing U. S. West Communications Valley Auto Supply Valley Trophy VernIs GTe Auto Parts WMI Services of Minnesota Watson, Dennis . Cement Linen Service Supplies Lease/Rental Leased Equipment Replace Hydrant 2 Tennis Nets 2 Trimmer Cords Chemicals Newsletter Sewer Cleaner Signs Everett Street Lift Uniform Rental Supplies Ribbons for printer Membership Dump Boxes/Lift Stations 3 Tanks Gas Crack Filler Legal Services Informat Fees BootS/Bracket Software Refund-Special Use Permit Laundry-Fire Collection utility Bills Kid-Cube Engineering Bond Redemption Cost Motor for Tar Kettle Publications Ribbons Blacktop Supplies Soil Tests Te1ephone:Charge Auto Parts Clock Plaque-Elliott sattery At Washington Park programming $ 49. 50 13.00 133 .48 113. 70 41.04 1,947.24 209.00 19.90 781.99 965.00 407.15 999.13 2,140.00 821 .2 9 331.22 360.00 65.00 930.00 66.00 2,759.40 6,052.10 55.00 165.24 200.00 50.00 16.20 14.15 4,720.92 4 , 769. 56 88.90 200.00 1",576.82 189.00 1,530.48 135.75 1,156.00 1,021.'8 448.26 140.00 50.77 65.00 180.00 Yocum oil Company Ziegler Inc. ADDENDUM TO BILLS Gas/Fuel Oil Equipment Parts Long Distance Calls Typing-Police Repair Water Heater-Garage License Forms 12 Batteries Bid - Truck 19 Air pak Alarms Clean Plugged Line-Garage Lites Concession Supplies July Charges A T & T Beberg, Syrdie I Bliss Plumbing & Hea~ing Business Records corWoration capi~ol Electronics i Chapin Publishing I Clarey Safety Equipm~nt Clog Un-Bollger Sewer Service Duro-Test corporatio~ Frito-Lay, Inc. . Gopher State one-Calt, Inc. Government Finance Officers Association I Hennepin Technical I$stitute Hoffman Refrigeratiot' I. B. M. Corporation Intersta~e Detroit D esel J. L. Sh1eley comp.nt . Lafayette, Robert C;' Metropolitan Waste Cc:jmtrol MIAMAI Pepsi Cola Bottling ~o. Pioneer Rim and Wheet Price, Monica I Richard Knutson, Inc~ Seim, Gordon I stillwater Photo I i stillwater Septic & $ewer Stillwater Sunrise R9tary stillwater Towing : Texgas I Viking Office products United Building Centers . I. U. S. West Comrnun1car1ons ! I i I Adopted by the Council this 15th day of August, 1989. APPROVED FOR PAYMENT I ! I Newsletters Stress Class-Ness Air Conditioning-Police Mte. Printer/36/Stations Repair Engine Rack Sand Appraisa 1 Sewer Service Charges Conference - Bielenberg Concession Supplies 2 Hook Hitch Units Mileage #251 Uniform Pants processing/Film Pump out Goarage Quarterly Dues Tow Vactor Truck Propane Supplies Supplies Services 1,011.62 655.00 . 89.94 75.00 42.00 159.52 54.00 39.60 1,765.00 55.00 524.68 68.07 32.50 105.00 20.00 48.00 153.00 374.40 4.34 1,000.00 61,403.63 190.00 278.00 136.26 2.25 132,895.41 30.00 27.03 57.50 80.00 100.00 59.76 34.07 5,293.32 537 .87 . . . . . Adolfson & Peterson, Inc. 6701 West 23rd Street Minneapolis, MN 55426 Aluminum Window and Door Mart 2615 Stillwater Road Maplewood, MN 55119 OJ Construction 2329 Stillwater Road St. Paul, MN 55119 Isaacson Carpentry Services 4830 Debra Street White Bear Lake, MN 55110 Midwest Fire Protection, Inc. 324 Harding Street NE Minneapolis, MN 55413 Midwest Fireplace 5205 North Hwy. 169 Plymouth, MN 55442 MJF Masonry 3976 White Bear Avenue White Bear Lake, MN 55110 Steen berg-Henkel Construction 1371 Marshall Avenue St. Paul, MN 55104 Stillwater Fence Company 8138 Jody Avenue North Stillwater, MN 55082 Lowell Vanderhoff 6109 - 24th Street No. Oakdale, MN 55119 CONTRACTORS APPLICATIONS General Contractor General Contractor Masonry & Brick Work Excavators General Contractor Sprinkler General Contractor Masonry & Brick Work General Contractor Fencing Excavators New Renewa 1 New Renewa 1 Renewa 1 New New New Renewa 1 Renewa 1 .1. . . Administrative Code No.02I- 7~/':. FINANCIAL DISCLOSURE STATEMENT Is anyone in your family who/is living with you now, currently employed? Yes l~No If YES, please list the individual who is working, the employer and how much he or she makes each month. INDIVIDUAL EMPLOYER MONTHLY SALARY 2. List the amount of money your family receives each month from any of the following sources: (How much is received each month and who receives it?) KINDS OF INCOME MEMBERS OF FAMILY RECEIVED HUSBAND WIFE WHO LIVE WITH YOU 1. Social Security (Exact amount of (A ./ ~M1// the check) 6,G ~: /) D J..)Ja~2 . \. 2. Veteran's Benefits 9J~~ . 3. Other Retirement 7J.?tV 4. Money from Renters /1 5; Unemployment Ins. 1/ 6. Workers' Compo II 7 . Disability Ins. II 8. Stock Dividends or Interest r! 9. OTHER If (over) Administrative Code No. ,,)1- 7~5 3. List any Real Estate you own or are buying other than your home, . if any: 4. I i If you have not m~de monthly payment: i I House Payment: all of the payments on your home, list your $ ~YJIl.iL per month 5. I List your current Iyear's property tax I ! 19~ $ ~; 00/ CO l 6. List your Financi~l Assets (if greater than I Cash on Hanl Savings Acco nts I I Stocks, Bon~s or Securities Life Insura~ce Other /) ~~ /J:<J,?;. // " t' .1;;0(.>v ~~~ . 7. i I I Lzst any unusual ~onthly expenses for which to, such as hospi tll.al/medical payments: TO WHOM I 1f~,/, fhd~ , ! you are committed AMOUNT "-6 0- $ ,S 117~ $ I _Ji - - - - - - - - - - - - - BE mMPIETED BY THE CITY I APPROVE~ DENIED I ! $ APPLICATION Date BY . . . ~t CrOll{ V~l1~y Branch American Association of University Women 9991 Arcola Court Stillwater. MN 55082 August 4, 1989 St1llwater Cay Council 216 North Fourth Street st 11 water, MN 55082 Dear Counci 1 Members: Once again we would like to ask your permission to hang a banner over Main Street to advertise A.A.U.W.'s annual antique show which is held at the Armory each year on the third Friday and Saturday of September. The show has been held for over twenty-five years and, as you may be aware, proceeds are used for a variety of educational purposes including grants as well as a wide variety of local projects. . We appreciate the support you have shown in the past and hope we'll be able to hang the banner again this year. Following is specifiC information regardf ng our request: 1. The banner should be placed over Main St. (TH95) south of Chestnut. 2. The banner is 3' x 27' with a white background with lettering reading "Antique Show" and the days of the show. We understand minimum clearance 1s 16', 3. The banner should be hung the week of Seotember 3,ond removed as soon os possible after the Antique show which wfll be held September 15 and 16. If you authorize us to use the banner, I will contact the Fire Deportment to work out the specifics. They hove been extremely accommodating to us in the past and we reolly appreciate the extra effort on their part. I am sending a letter to the Minnesoto Department of Transportation which wl1l1nclude this information and understand that you wlll also need to J make a formal reQuest of them. Thanks again for your considen~tion. . ~n~( C~n~ Publicity Committee 439- 3710 ''I'I '../ : . . ,",' - r ~ - / . . . .... --1.A...t~ (<.1 t~~: ~ ~ c-....J-l. ..J\LUJ"vt.'1.NV'~~ August 1, 1989 , ~vW"'^1 Lkw kt( .1 _ 1/ . 1" 3q,cv ~ I, I tf ~- ~ G--J.L;"-~<1 ( 2- hill.. <p t ilL) , .~.~ ~~I.{ To Mayor Abrahamson: I am writing this letter in regards to the quarterly bill I received. stating that I owe $95.70 for sewer only. 1 have been a resident at this address since June 29. 1989. and was not satisfied with these charges, since they are based on a previous ownership and occupancy of 5 people, and I am a single person. 1 was told by someone at your office to wri~i a'letter stating my complaint to you and the council' members. This would%the only way my bill would be re-estimated. '1 would appreciate some action on this. as I understand the total bill cannot De pro-rated until January 1990. and I will have to pay said amount until then. Sincerely yours, ~'1 ~~. QUARTERLY UTILITY BILL CITY OF STILLWATER 216 N. FOURTH STREET. STILLWATER, MN. 55082 3RD GTR 89 PRE.SORTED FIRST CLASS MAIL U.S. POSTAGE PERMIT # 206 CR MARLOW, RICHARD A. 2531. CROIXWO()[1 E<L.V STIL.LWATER MN 55082 SEWER CHARGE ARREARS REFUSE CHARGE 95.70 3r.:n GTR 89 43.95 2f:.i:51 eRO:r XWOOD E<L VII ACCOUNT NUMBER TOTAL DUE 25-00455 139.65 2531 CROIXWOOD BLVD ACCOUNT NO TOTAL DUE 25-00455 139.65 I RETAIN THIS PORTION FOR YOUR RECORDS , RETURN THI nr~AYMENr, .1 _...~---._~-~ -----.----....-- .l . . . August 4, 1989 Honorable Mayor And Council City of Stillwater 216 N Fourth Street Stillwater, Minnesota 55082 Subject: Cuarterly Sewer Bill for 2858 Wildcrest Lane MMYOr- Mnd Council: My family and I moved to Stillwater on July 15, 1989. Since Moving in we have discclvered that the p:r'~vious owners had water useage that has created a substantial sewer bill for us. The previous owners, consisting of five(5) people apparently used 57,000 gallons of water during the first quarter of 1989. In talking with water department staff this apparently was not unusual for them. However this is not consistent with the amount of water my family and I typically use. We are a family of three(3) and during the first quarter of 1988 and 1989 we used 21,000 and 14,000 gallons of water respectively. This useage can be confirmed with the City of Cottage Grove, where we previously lived. I would like to request an adjustment on our current and next two(2) quarterly sewer bills to more accurately reflect the amount of useage we are likely to generate. I would also like to point out the City has benefited by the fact the previous quarterly bill has been paid. However the house was basically vacant the entire quarter, from early April until the middle of July. Thank you for your consideration of this request. Sincerely, Q r, I ---;) " I : "'--' ><- I cJu "" Thomas C Wri~Ht 2858 Wildcrest Lane Stillwater, Mn 55082 ~(r,.. ' ~'\.-<-~ lO ~; ~w.~ ~~~ ~, .:-U-..w ~ -tu 0 0.00 ~~~ ~~ '"QS-9 l~ C -z.~ q\K.). .~ Co..C:. "\"v '\ ~fo. (?I.' ( yl;\./ 'J~ .' IJ~ / '-~(j:'- G I/~ , - . tv o-.b. TD ~~', ~ w ~-v,J.A ,-,~....,.~.J ~. ' JJ;..~ . .8. ~ To fttOi() 0 ~~~t lctE-'1 ~ (7J.}() QTt'L) . ,~ . /-3J-39 _.__._ _,,_.. r .... _ ".___. ",_. ~ .___._ '_'~~'. __'"' .....__ ~._..- 4 '_h._.__#'_.___' --_..... ...---.. .--- -_._.~ --.~. --.----'- ..J::1<J\,-Lm Q. oaL .LG +~CC)L<x)u..,LJ .. ......... ____ LJ.e.. h . 0.. L',€Jl,~ C.~;!:';/:.{ '}.p ~,,\.e.~ cO --.o-..h.o(YLQ .o.--rd CJif S )Vcr+h1cnd.C+. .~_+;'1tL0~~"..OrL..._~_~.~E._.___0).?:J..J_CJ.8'g . ..' ~I.+. ho.s.. 6.f))}':L-.br O<:6ht. .Xo O. LUI.... ...... -.~ft=i,f~+~(\:f:;hd..tM-;L\*-~-tcJ .~ -rir&.~~-:.~(),.~.L,;j._.QO.&Q. ~ .O.r\... . } . .' ~o...if'~ QrJ.U\.J!... CU'rklLLYL+ O-f-.-. --8!<-~ J..u I '0 j _~:\CL.hol..lQ.Q..h. ~ df. __~_,.o_~_+-~___~____~..i_'t. ----fUo pU...,-z:~ ~_/~.~OlJL~..CkYt&. _~c€>. -_CVu-_.;onJ)t_~~T\-Dw.A.,-tS~~ ) .. __We..~/~~.- +hc.d-_._.o_~..--.u~c~ ...L~. . ... ..b-t..C( o-r.y...~.% ..~... ~VIGL<.5-:6Q rrU.-c 6..r? ef) 0 CA.)I. ~"'j .:5hou.!! cO ~--e d:- ~ f-ho!',~LJ.&..trO--u- ~~Q +hI5. CV2CM .cO~/de.Mxf-,o^- o:r. oQ){.U\'" ..&K.T r71.u.:h..'j' mI~(<. -tjD-{..-L, - . . .... . AClf11 ~ .' ~')l~) 11( 0Lurr tJ (): .;2'-1- CP I fc 5 d~ '" ,.. / , ,~'-t!-.::7-.!.~ - tJ-A~ L.../ 9<1 P Y~-=U~L~ A~L{A~~-<- .~-: -----.-- -_._._--~- -_._- --..-i..,...--..-.--.---------~-.-.,;.- _~_~ _+-n , - -+--- L I I t:/, . ___H. ..--..-.-----------------------------------.:.-. I I -------t------------- I n._._I__'__ ,,'_.__u --I ) . WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT 11660 MYERON ROAD NORTH · STILLWATER, MINNESOTA 55082-9573 612-439-6058 Facsimile Machine 612-430-0472 Donald C. Wisniewski, P.E. Director Public Works/County Engineer Mark L Mattson, Assistant Director Public Works Richard D. Herold, Design/Construction Engineer ee.. 8!J'1( ~7 John P. Perkovich, Parks Director Lawrence W. Bousquet, Traffic and Maintenance Engineer August 3, 1989 Lyle C. Doerr, Facility Manager Mr. Nile L. Kriesel, City of Stillwater 216 No. Fourth St. Stillwater, MN 55082 City Administrator Re: Speed Zoning on CSAH 12 Dear Nile: . At the recent City Council Workshop, the question of speed zoning along County State Aid Highway 12 was discussed. At the time I was not able to give your City Council a definitive answer as to the last time a speed limit study was conducted. Enclosed herewith is a copy of the speed limit authorization from the District 9 office of MN/DOT. Please note that this study was concluded in early 1989. The last paragraph of the authorization indicates the 30 mph zone extending to 300 ft. west of the intersection of Brick St. MN/DOT will not consider an additional request for speed zone study this soon after the latest authorization. We will continue to monitor the roadway segment, and we ask that you bring to our attention any other problems that might occur relating to the speed zone in the area. I appreciate the time and attention you have given this letter. Please contact me if any further questions or problems arise regarding this topic. Sincerely, ~~ ~,->-~ ~ ~~ Donald C. Wisniewski Director of Public Works/County Engineer DCW:slj cc: Larry Bousquet Sally Evert . , .... 'i1- roo ~ Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION lIi ~~~ rlir COT 29213 (12-78) LOCAL STREETIOR HIGHWAY SPEED LIMIT AUTHORIZATION Page~of ~Page~ . Road Authority I Date Washington Co~nty February 3, 1989 Road Name or No. Countv State A id Hiqhway 12 Termini of Zone: From Trunk H 'ighway 244 To I Date of Request C.S.A.H. 5 i October 11, 1988 Kindly make the following changes in ~peed limits on the above-referenced section_ Changes authorized herein are in accordance with Minnesota Highway laffic Regulation Act. M.S. Chapter 169.14 and applicable subdivisions thereof. I 30 miles per hiour between the intersection with Trunk Highway 1244 and a point approximatell 300 feet east of the intersection with Glenm~ Avenue. I 40 miles per hP. ur between a point approximate~ 300 feet east pf the intersection with Glenm~ Avenue and a ppint approximately 1000 feet east of the intersection with Ideal Avenue. , 55 miles per htur between a point approximately 1000 feet east of the intersection with Ideal Avenue and a point ap roximately 300 feet west of the intersection with Brick Strret. ! , i 30 miles per hpur between a point approximately 300 feet west of the in~ersection with Brick Street and the intersection w~th County State Aid Highway 5. I . Please Sign -+ Here Signature of Traffic Engineer /9, "1 (3) White - Road Authority (1) Pink - Central Office:: Traffic (1) Blue - District Traffic Engineer for Road Authority use only Date traffic control devices changed im' lementing this authorizatton -. . l~ q -1/;/~- ()O? 5 ~~.J-- ~ :V./~ //~ 4".//'/. T' /.0 ~_~ /: -iUV'.u- ~ r' ?L ~'~ ~ ~~ CV~' UJ.L- ~ --r~ :?" z:, ~ ~/~0-&/~ 4(u ~//~ -L--' ~ ~~, c:1k ~;~CJ~~ c:J~ ft--c ~ ~ ~...,..~ ~/f~~ ' jJ..."J ~ ~ ~ <L/ ~/-J~~ ~ ~~ d-vf ~ . ~. \)- ~"J ~ . ~,~ ~ ~ ..W~ AREA SCHOOLS .uI Effective Learning Through Excellence in Education August 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 439-5160 · V-TOO 1, 1989 Wallace Abrahamson, Sr. 191 Bayberry Avenue Court Stillwater, MN 55082 Dear Wally: This is just a short note to thank you for the leadership role you played in facilitating the discussion pertaining to the lighting of the softball field during our meeting on Monday, July 24. . There were a couple of key situations where your comments really facilitated the discussion that was taking place and were extremely important in bringing us to what I consider to be a defendable position on the part of the school board. Again, thanks for your help. \J:) David L. Wettergren Superintendent of Schools DLW/je An Equal Opportunity Employer Board of Education EDWIN CAIN STEVE ZINNEL Clerk ROLAND BUCHMAN KAREN ROSE Chairperson Director Director . LYMAN GEARY LOUISE JONES SUZANNE THOMSEN DAVID WETTERGREN Vice Chairperson Treasurer Director Superintendent . STATE OF MINNESOTA OFFICE OF THE GOVERNOR ST. PAUL 55155 RUDY PERPICH GOVERNOR July 29, 1989 The Honorable Wallace L. Abrahamson Mayor, City of Stillwater City Hall 216 North 4th Street Stillwater, Minnesota 55082 Dear Mayor Abrahamson: The 1990 census which will be taken on April I, 1990, is now less than a year away. In the interest of ensuring a complete and accurate count of all Minnesotans, I strongly encourage you and your communty to participate in the Census Bureau sponsored Full Count Committee and Local Review Programs. The census counts provide the basis for congressional reapportionment as well as state and local redistricting. These same counts are used to distribute state and federal funds for local government needs--last year more than $600 million in federal grants and loans based on 1980 census counts was allocated throughout Minnesota. The census also gives us a social and economic profile of our state which enables governments and businesses to deliver services and provide economic development. . You can help promote the census in your city by developing a Full Count Committee. The Census Bureau has already sent you the Governments Promotion Handbook. This handbook will help you by offering guidelines and suggested promotional activities for your committee. You can receive further help by contacting one of the two Census Community Awareness Program specialists assigned exclusively to Minnesota. You can reach either Joanne Jackson or Joe Ge~ry by calling. {612} 331-3706. The Census Bureau also sent you materials on the Local Review Program, a program designed to assure the accurate number and location of housing units in your city. In August and September, the State Demographer's Office will be offering training throughout the state on local review procedures. Call the Kansas City Regional Census Center at (816) 891-7491 to find the location of a training session in your area or to find out more about the program. Remember - COUNTING MINNESOTA MAKES MINNESOTA COUNT. Thanks for doing your part. . ~;,~~ RUDY PERPICH Governor AN EQUAL OPPORTUNITY EMPLOYER s.... H .. . DEVELOPMENT AGREEMENT RELATING TO THE GRANQUIST PROPERTY BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND . DONALD L. GRANQUIST AND GERALDINE L. GRANQUIST, DEVELOPERS AND OAK GLEN DEVELOPMENT COMPANY, ACCESS OWNER This agreement was drafted by: MAGNUSON & DIEPERINK Attorneys at Law Suite 260, The Grand Garage 324 South Main Street Stillwater, Minnesota 55082 . . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1989, by and between the CITY OF STILLWATER, a municipal corporation (hereinafter called the "City"); OAK GLEN DEVELOPMENT COMPANY (hereinafter called "Access Owner"); and DONALD L. GRANQUIST AND GERALDINE L. GRANQUIST, (hereinafter referred to as "Developers"), individuals, who desire to develop property within the City of Stillwater. 1. Purpose. The Purpose of this Agreement is to facilitate the development of property owned by the Developers ("Development Property") as set forth in Exhibit "A", that cannot be developed without obtaining access to public streets and public utilities that must be constructed by the City ("Public Utilities") through and across property that is now owned by Oak Glen Development Company ("Oak Glen Property") as set forth in Exhibit "B." . . 2. Title to Access Property. At the same time that this Agreement is signed, Access Owner will provide to the City fee title by executed warranty deed evidencing marketable title in recordable form for the construction and maintenance of municipal streets and utilities over that property set forth as Exhibit "c" ("Access Property"). Such deed shall convey the property described in Exhibit "c" to the Developers. Access Owner shall also provide the Owners Duplicate of Title to the property described within Exhibit "c" upon signing this Agreement. The City will hold this conveyance in escrow according to the terms of paragraph 6 of this Agreement. 3. Purchase Price. In consideration for the transfer of this easement, the Developers, at the same time this Agreement is executed, shall pay to the City the sum of $5,000.00 to be held by the City in escrow according to the terms of this Agreement, in an interest bearing account with interest accruing to the Access Owner unless the Developers choose to terminate this Agreement pursuant to paragraph 5, in which even the funds with interest shall be returned to Developers. . 4. Public Improvements. Provided that the easement is conveyed pursuant to paragraph 2, and payment is made pursuant to paragraph 3, the City shall cause plans and specifications to be prepared for the Streets and Utilities to be implemented upon the property following final street design, plan and layout approval as may be granted by the City of Stillwater throughout the Developer's subdivision or platting process. Access shall be secured over the Access Owner's property as set forth in concept within the design - 1 - . shown on Exhibit "D" of this Agreement, with legal description as set forth within Exhibit "c" hereof. The City shall advertise for bids for the construction of these public improvements in the manner provided within Minnesota statute Chapter 429.01, et seq. The City shall allow the Developers to review all bids. 5. Award of Contracts. After receiving bids, the City shall execute a contract for the construction of the Public Improvements and shall cause the Improvements to be completed. Before executing this contract, however, the City shall allow the Developers the option of terminating the project or any proceedings under the Agreement, requesting that the project be rebid~ or considering alternate plans that would be prepared and bid pursuant to paragraph 4 of this Agreement. In the event of such a termination, the Developer will remain responsible to reimburse the City for all of its out-of-pocket' costs, including engineering and attorney fees, all of which shall be paid within thirty (30) days of such a termination. In the event of such a termination, all of the provisions of this Agreement shall be null and void and funds deposited shall be returned in the manner specified in paragraph 3. 6. Escrow. . A. That the funds referenced in paragraph 3 and all the documents referenced in paragraph 2 shall be fully executed by the parties and deposited with the City of Stillwater as escrow agent. Such funds and documents shall remain with the escrow agent until such time as the City of Stillwater has granted final plat approval or major subdivision approval to Developers for the development of the Property identified as Exhibit "A" to this Agreement. B. That upon final plat approval or major subdivision approval, the City as the escrow agent shall within 48 hours after such event perform the following tasks: 1. Deliver to Access Owner the check from the City of Stillwater in the amount of $5,000.00. The escrow agent shall also at that time satisfy itself that there has been no change in the status of marketable title which has existed as of the date of execution of this Agreement and shall also satisfy itself that no liens, encumbrances or other clouds on title exist as against the subject property conveyed by Access Owner to the City of Stillwater for the construction of the municipal street and utilities. . 2. Deliver to the Developers the Owners Duplicate - 2 - , . . of Title for property affected by the legal description contained within Exhibit "c" with a warranty deed of conveyance for the property described in Exhibit "C". 3. That all parties agree to fully cooperate with the terms of this Agreement and to sign any and all documents necessary to effect the provisions thereof. 7. Assessments. After all City costs associated with the improvement, including access acquisition costs set forth in paragraph 3 of this Agreement, have been determined, the City shall cause these costs to be spread as special assessments against all of the property within the Development and any other benefited property except as set forth in paragraph 8 of this Agreement, on a basis .and over a period that it determined, after consultation with the Developers, to be fair and reasonable. Within the assessment process, the Developers shall be granted a credit for their $5,000.00 contribution to secure access to the subject property. The Developers hereby waive the right to object to this assessment on any grounds contained in Minnesota statutes Chapter 429. . 8. No Assessments for Oak Glen. The parties agree that no assessments shall be levied against Lot 23, Block 2, Oak Glen Fourth Addition and any remnant Oak Glen Parcel by reason of this improvement; however, this Agreement shall not relieve this lot or the remnant parcel from normal connection fees, including sewer access connection and water access connection charges and other related utility charges for a residential connection. 9. Zoning and Subdivision Compliance. The Developers agree that any development that occurs on the Development Property shall be done in compliance with the City Code of the City, including, but not limited to, the applicable Zoning and Subdivision Chapters of the Code. This paragraph shall not be considered a waiver by the Developers of any rights that an applicant for subdivision or zoning approval would have, including that right to apply for any variances from these provisions, except for the waiver of multifamily development rights, which the Developers by this Agreement freely relinquish. 10. Yard Requirements for Lot 23, Block 2. The parties agree that Lot 23, Block 2, Oak Glen Fourth Addition shall front on Eagle Ridge Tra~l and that the new access street side of the lot shall be considered a side yard with a 10- foot yard set back requirement. . 11. Transfer and Assignment. This Agreement shall not - 3 - . . . be assigned or transferred by the Developers prior to assessment being levied on the Development Property without the prior written approval of the City. During the term of this Development Agreemen t , neither the Developers .northe.. Access Owners shall sell, assign, pledge or otherwise encumber their interest in and to their respective real estate parcels identified herein without the prior written consent of the City of Stillwater. 12. Execution Date. Unless this Agreement is executed by all parties prior to .September 1, 1989, it shall be void and of no effect. The terms of this Agreement, in any event, shall be binding on the assignees or transferees of any party. IN WITNESS WHEREOF, The parties have signed this Agreement at Stillwater, Minnesota, this of , 1989. CITY OF STILLWATER: BY: Wally L. Abrahamson, Mayor . DEVELOPERS: Mary Lou Johnson, Clerk Geraldine L. Granquist Donald L. Granquist STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared wally AbJ;"ahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public . - 4 - . . . STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this ___ day of , 1989, before me, a Notary Public within and for said County, appeared Donald L. Granquist and Geraldine L. Granquist, to me personally known, who, being by me duly sworn, did say that they are the Developers named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON ) On this day of , 1989, before me, a Notary Public within and for said County, appeared David S. Johnson, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of Oak Glen Development Company, a Minnesota Limited Partnership, Access Owner mentioned in the above Agreement and that said instrument was signed as the free act and deed of Oak Glen Development Company. Notary Public - 5 - . . . ,.. , TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 11, 1989 SUBJECT: MEETING SCHEDULE FOR PREPARING DETAIL PLANS FOR DOWNTOWN STREETSCAPE AND LOWELL PARK. The Downtown Plan Action Committee has approved the attached schedule of meeting the Short, Elliott and Hendrickson Design Consultants for Downtown improvements. The Action Committee will assist the consultant's to develop the plans that are scheduled to be presented to the Council October 17, 1989 with public hearing following. The schedule contemplates construction on the six million dollar project beginning in the Spring with completion November 1990. CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 I ~ . Date 8/3/89 Glen Van\Wormer \ 8/10/89 Mike Kraemer C.,J. Lilly . 8/17/89 Consultant and Action Committee meet separately . STILLWATER, MINNESOTA DOWNTOWN IMPROVEMENT PROGRAM MEETING OUTLINE FEASIBILITY PHASE Consultant Task 1. Present meeting outline 1. 2. Parking management plan and 2. implementation strategy 1. Review design manual 1. 2. Review theme 2. 3. Present examples of design. el~ments (i.e., pavers, 3. lights 4. Present design element costs 5. Present design element life cycle information 6. Solicit design considerations for Lowell Park 1. . Solicit Lowell Park design 1. input from: o Heritage Preservation Comm. o Parks & Recreation Comm. 2. Prepare preliminary concept design for: o Lowell park o Streetscape o Parking lots 2. 0, Mulberry Boulevard o Lowell Inn parking lot o Boat Plaza 3. o Entrance feature o North and South Main street Committee Tasks 3. Review schedule Bring comments to next meeting Offer input to parking management plan prepare wish list for Lowell Park design 4. Comment on schedule Ask for additional details needed Begin developing personal list Of likes/dislikes. Organize tour of similar communities (i.e., Red Wing, North st. Paul, White Bear Lake, Northfield, South st. Paul, New Richmond, etc.) Review design elements in detail Establish listing of likes and dislikes _/24/89 len Van Wormer ike Kraemer C.J. Lilly' \. \ 8/31/89 . 9/7/89 Mike Kraemer Dick Moore C.J. Lilly Glen Van Wormer . 1. Discuss pros/cons of parking lot redesign 2. Present parking lot redesign 3. Present associated parking lot beautification 4. Present preliminary concept design for: o Lowell Park o Streetscape o Parking lots o Mulberry Boulevard o Lowell Inn parking o Boat Plaza o Entrance features o North and South Main 5. Discuss sound system application 1. Discuss results of sewer televising 2. Discuss impact of utility renovation 3. Discuss parking ramp design/ location '::" 1. Analyze in detail concept renderings Discuss pros/cons, likes/dislikes, and prepare "acceptable" and "nonacceptable" lists 2. Invite City Financial Officer to review proposed financing scheme 3. Inventory business owners for interest in piping music into stores from sound system 4. Publish list for consultants to review prior to next meeting ..~J .I ~/14/89 ~ike Kraemer C.J. Lilly . \, , 1. Present revised concept plan 1. for: o J:,owell Park o Streetscape o Parking lots 2. o Mulberry Boulevard o Lowell Inn parking 3. o Boat Plaza o Entrance features o North and South Main Present preliminary cost estimates Review parking ramp design and location alternatives Discuss proposed construction sequencing 2. 3. 4. 9/21/89 1. Present draft feasibility report 2. Present final concept plan renderings 3. Present draft financing plan concept 4. Present final 'parking management . plan 9/28/89 Mike Kraemer Dick Moore Glen Van Wormer C.J. Lilly 10/3/89 Mike Kraemer Dick Moore Glen Van Wormer 10/17/89 Mike Kraemer Dick Moore Glen Van Wormer . 1. 1. 1. Meet to discuss feasibility 1. report comments Present draft feasibility 1. report Council accepts feasibility 1. report Compile final list of concept plan comments/ recommendations Compile final com- ment on parking ramp Compile comments of implementation strategy Review and come prepared to discuss Committee presents report to Council with assistance of consultants Council offers final comment on report -:.- =========================== END FEASIBILITY 4Il0/3l/89 1. Hold Public Meeting Mike Kraeme'r Dick Moore Glen Van Wormer C.J. Lilly \. 11/1/89 \ 3/1/90 4/1/90 tt/l/90 11/30/90 . PHASE ======================== 1. Committee makes pre- sentation to public with assistance of consultant Begin plans and specifications 1. Committee reviews design for compliance with feasibility and acceptable quality Complete plans. Plans submitted for committee, Council, and Mn/DOT review. Receive bids Begin construction 1. Committee review "test" sections to approve appearance and workmanship . Complete construction f. . . . ... STillWATER PUBLIC LIBRARY 223 NORTH FOU RTH STREET STillWATER, MN 55082 439-1675 Board of Trustees Minutes July 10, 1989 The regular monthly meeting of the Stillwater Public Library Board of Trustees was held Monday, July 10, 1989. Present: Childs, Doe, Anderson, Engebretson, Schmidt, Cass and Bertalmio. The meeting was called to order by Vice-President Susan Doe at 6:35 P.M. The Board moved to: -Adopt the agenda as published -Approve payment of bills in the amount of $7,142.85 Member Education The Board began the process of policy review and red and blue notebook updating. Board members will sort through their notebooks before the August meeting. The red notebook will contain Board-type material: the blue notebook will contain policy material. Committee Reports: 1. Building & Grounds - Discussion was held on additional parking space. 2. Goals - Work continues on a new contract with WCL. 3. Special Projects - Plans are formulated for participation in the Lumberjack Days parade. 4. WCL!SPL Liaison - Schmidt reported on items of interest to the SPL Board from the May meeting of the WeL Board of Trustees; Old Business 1. Budget - Lynne explained and discussed the 1990 budget request. 2. Public Catalog - Discussion continued on this item. 3. WCL!SPL Contract - The SPL Board moved to convey to WCL ou~ preference for adoption of Version #1 of the contract for Association with WCL. 4. Humidity Control System - Recommendation for selection and installation of the humidity control system will be handled by Meyer, Scherer and Rockcastle Ltd. . . . . Page 2 5. Long-Range Capital Budget - No further suggestions were made. 6. Kitzmiller Bequest - Polly Webster will be asked to assist in determination of an appropriate manner to spend this money. New Business 1. Annual Report - Lynne will submit the completed report to LDS. 2. Requests for staff-provided programs - Lynne described staff provided programs that have been requested by organizations. 3. . American Short Story Program - Lynne will meet on July 13th to finalize details of SPL's participation in the MacArthur Fund Video Programs series on short stories. 4. ,Washington County Jail Request - The Board moved to donate appropriate discarded and outdated books for use by inmates in the Washington County Jail. The Director's Report was presented as published. The meeting was adjourned at 8:40 P.M. Respectively submitted, Jane Dickinson Cass - . . . . , ,. STillWATER PUBLIC LIBRARY 223 NORTH FOURTH STREET STillWATER, MN 55082 BOARD OF TRUSTEES MINUTES JUNE 5, 1989 The regular monthly meeting of the Stillwater Public Library Board of Trustees was held on Monday, June 5, 1989. Present: Doe, Welshons, Schmidt, Childs, Kalinoff. Also present: Bertalmio. The Member Education Workshop concerning foundations will be rescheduled. The business meeting was called to order by President Hansen at 6:35 P.M. The Board moved to: -Approve the agenda. -Approve the minutes as published. -Approve payment of bills in the amount of $6,955.21. Lynne explained that we have not been billed for $11,000 worth of books purchased from Baker & Taylor in conjunction with WCL due to WCL's problems in listing by title off the computer billing. COMMITTEE REPORTS 1. BUILDING & GROUNDS - Kalinoff reported that Abrahamson's have completed as much work on the east side of the building as this year's budget allows. Jeff Peterson of Olsen Construction is contacting the supplier to replace the broken bench at the main entrance. The Building & Grounds Committee will make recommendations concerning the parking problem by the September meeting. 2. GOALS - Schmidt reported that progress is continuing on the SPL/WCL contract. 3. WCL/SPL LIAISON - Schmidt reported on the May 9, 1989 WCL Board meeting. OLD BUSINESS 1. RETIREMENT .EVENT - The retirement event for Jean Morse and Ray Marshall will be held at the Dock Cafe on June 12 from 5:30-6:30 P.M. 2. BUDGET REQUEST - Childs and Bertalmio presented information on the 1990 budget request. The Board approved a motion to approve Plan 1990 B. c . . . , ~ Page 2 3. PUBLIC CATALOG - Bertalmio reported that the task force favored an ON-LINE system versus CD-ROM. 4. WCL/SPL CONTRACT - Schmidt and Bertalmio drew up a draft which will be presented to WCL this week. This proposal simplifies the prior contract and specifies meetings to take place between WCL and SPL during the year on a periodic basis. 5. ALLOCATION OF 1989 COLLECTION DEVELOPMENT FUND AND REALLOCATION OF 1989 SOFTWARE FUNDS were discussed together. The Board approved Schmidt's motion to divide the $2,000 in 1989 Collection Development Funds equally between recorded books, reference and adult fiction, and to allocate leftover software funds for informational videos. 6. MISSION STATEMENT DEFINITIONS - The Board passed Welshons' motion to accept the definition of terms in SPL's Mission Statement NEW BUSINESS 1. OUTSIDE LIGHTING - The money allocated in the 1989 budget to purchase outside lighting is inadequate. The Board approved Welshons' motion to use the funds to purchase a humidity control system and inside lighting and to make a capital request for outside lighting in the 1990 budget. 2. CHANGE OF MEETING DATES - Due to holidays, the Board changed the July and September meeting to July 10 and September 11. 3. LONG RANGE CAPITAL BUDGET - Bertalmio asked for suggestions for long range capital budget. The shortage of available parking space was a concern to the Board. LIBRARIAN'S REPORT Lynne reported that SPL has received $1,000 from the estate of Ann Kitzmiller. The meeting was adjourned at 8:35 P.M. Respectfully submitted, Susan D. Doe Acting Secretary AGENDA CITY OF OAK PARK HEIGHTS . MONDAY, AUGUST 14, 1989 -- 7:00 P.M. I. Call to Order II. Public Hearing Allan Stevens - Variance Request III. Visitors Lee Racine - Assessor Position Jim Junker - Recycling Project (Will be late?) IV. Old Business Engineering Study - Utilities Annexed Area #36 Management Report (P. 15) V. Review of Minutes - July 10th, 13th and 24th VI. New Business Sign Request - American Biosystems United Way Request Gartzke Request for Payment Sample Resolution - Subsidize Rent Payments . Schedule Public Hearing 8/28 TIF Feasibility Study VII. Departmental Reports Kern - Administration Seggelke - Parks Doerr - Utilities O'Neal - Streets So~~erfeldt - Police VIII. Correspondence Presented Stillwater Agenda Youth Service Bureau Request for '90 Dept. of Revenue - Budget Hearings Metro Council - Population Estimates Wash. Co. Public Works - Meeting Pine Point Park League of MN Cities - Truth in Taxation Phoenix Recycling Corp. MN Rural Water Assn. I City of Stillwater Notices Stillwater Area Schools ~ $'J '" ..... ~. ~ . ** B~dget Workshop - Tuesday, August 15th at 6:30 P.M. r ~,~ ~ ~ ~W~ AREA SCHOOLS II!u!I EffectIve Learning Through Excellence In Education August 9, 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 439-5160 · V-TOO 1989 Wally Abrahamson, Mayor City of Stillwater 216 N. First Street Stillwater, MN 55082 Dear Mr. Abrahamson: The School Board of Independent School District #834, Stillwater Area Public Schools, approved a comprehensive enrollment and facility plan for the district on March 28, 1989. Since that time the district has been addressing priority facility problems being created by an increasing elementary popultion, an unsatisfactory split-campus high school arrangement, and the inadequacies in our aging Stillwater Junior High School to deliver a contemporary and . progressive instructional program. Another problem, however, addressed in the comprehensive plan is the very real potential that at some point in the future we may have to vacate our school bus transportation center at the old prison site. We currently lease the building from Maple Island on an annual basis and are interested in a more permanent arrangement. The Maple Island site houses approximately 56 buses and services as the loction of a transportation maintenance garage and administrative center. In addition, we contract for approximately 50% of our bus transportation with the Ryder Corporation which leases space at the Washington County Fair Grounds. The school board members have asked that I write a letter to Washington County and the municipalities located in the central corridor of our school district to see if there exists any potential interest in the joint venture development of a trans- portation center. The thoughts of the district are very tentative An Equal Opportunity Employer Board of Education EDWIN CAIN STEVE ZINNEL Clerk ROLAND BUCHMAN KAREN ROSE . Chairperson Director Director LYMAN GEARY LOUISE JONES SUZANNE THOMSEN DAVID WETTERGREN Vice Chairperson Treasurer Director Superintendent 2 at this point. It w~s decided that it would be prudent before we set off on a singulaf direction to resolve our long-range problem to at least "test th~ water" to see if there is any potential mutual interest. I Either Dan Parker, Bf'siness Manager or I would be happy to respond to any questions. Tanks for your consideration. F\cer.e~:l~.' , ~'l .pf/ I David L. Wetter en I Superintendent of SC~OOlS I I DLW/je I i cc: Dan Parker I Ed Cain, School Board Chair , . . . r ~,~ ~ ~ . _ Effective Learning Through Excellence in Education STILLWATER AREA SCHOOLS 1875 SOUTH GREELEY STREET - - STILLWATER, MINNESOTA 55082 ~ 439-5160. V-TOO August 11, 1989 TO: Stillwater School Board( Dave Wettergren~ vJJ1lii.4~ Lighting of Softball com~lej FROM: RE: . As requested by the School Board, I convened a meeting of representatives from the Stillwater City Council, Stillwater City Recreation Board, Jaycees, School Board, and neighborhood, the evening of Monday, July 24, 1989 to discuss issues related to construction of lights on one of the softball fields at the school district property on Myrtle Street. Representing the board were Mr. Buchman and Mr. Geary, who served as moderator for the meeting. They have asked that I report on the outcome of the meeting and present for your consideration the recommendation they will be making to the school board at the regular meeting scheduled for 7:30 p.m., Thursday, August 24, 1989, at the Central Services Building, 1875 South Greeley Street, Stillwater. After a lengthy discussion covering issues from the viewpoints of the various participants, Mr. Buchman and Mr. Geary have decided to make the following recommendation to the School Board for approval on August 24: 1. That the board take action to authorize the Jaycees to proceed with lighting only one field and declare its intent to not light the other fields. 2. That guidelines regulating the use of the field be revised to include a 10:00 p.m. curfew for lights on a trial basis for one year. 3. That the board agrees to notify the city and neighbors of any contemplated extension of time past 10:00 p.m. in the future well in advance of the board meeting at which the change would be considered. An Equal OpportUnity Employer DAVID WETTERGREN Superintendent MARY JO WEINGARTEN KENNETH D. PEDERSEN DANIEL C. PARKER . MARV SWANSON Assistant Superintendent Elementary Education Assistant Superintendent Secondary Education Business Manager :J1 $:! it) DON J. LOE WILLIAM E. BJORUM HOWARD JIRAN - Director Personnel Services Director Special Services Coordinator Data Processing Director Recreation & Grounds o .::::> oq:- ~ Stillwater School Board August ll, 1989 Page Two Although not part of the formal recommendation it was also agreed that the school dist ict would support the city in its efforts to have the speed limit reduced on Myrtle Street. . The board members, M . Jiran and I encourage support of the proposed action. Th~ Jaycees have accomplished a tremendous public service in de~elopment of the community-school softball complex. Significan~ numbers of area residents are being served. Information c011ecte~ points out that in the Adult Softball League alone this summer ov r 1500 participants are playing on ninety-nine (99) tea s. When you add youth soccer and now youth football, which the ]ights will make possible, this complex alone will serve over 2,40~ participants on an annual basis. I I cc: City Council I City Recreation ~oard Neighborhood Int~rest Group Nile Kriesel I David Magnuson Howard Jiran . . . , . . . Duluth Helicopters 8474 Red Oak Drive Moundsview, MN 55112 August 10, 1989 Mayor Wally Abrahamson Stillwater City Hall 216 N. 4th st. Stillwater, MN 55082 Dear Mayor Abrahmson: I have enclosed a brochure for my Duluth opere,tion as per our phone conversation. My season in Duluth is concluded Labor Day weekend. I am looking to extend my season by a few days and I feel that Stillwater may be an excellent site for a couple of weekends in September. The ideal site location would be a lot 100 \. ft by 100 ft., however, I can work with a space as small as 50 ft. by 50 ft. if necessary. I would basically offer a three minute ride for 810 and pay the City of Stillwater 10% of my gross receipts. I carry a 5 million dollar liability insurance policy and could have the City of Stillwater named as additional insured if needed. I hope that you agree to this proposal and can find an adequate site location,for my operation. I will also need to know if it will be necessary to fly over water; I need to know whether to use float bags or skid gear on the helicopter. Thank you for your help and cooperation in this request. Please contact me with any information at (218) 722-7837 or (218) 722-9564. Sincerely, ~ tl~~ John Hampson Owner/Operator ~ .. DULUTU Ut:LICOPTt:RS Helicopter Rides rhotography flights Specialty flights - All nights weather permitting - fLlGUTS "Harbor flighf' 3 minute night over the Duluth Harbor $10.00 per person "Over the Lake Loop" 4-5 minute night over Lake Superior $15.00 per person "Glensheen" 6-7 minute night along the shore line to Olensheen and back $20.00 per person "Lester River" 8-10 minute night along the shore line to Lester River $30.00 per person Capacity: I Pilot - 2 Passengers Hours: Sunday Noon - 8 P.M. l'Ion.-5aL 10 A.M. - 8 P.M. Located- at the old Flame Restaurant down by the Duluth Arena! Auditorium Plenty of fREE parking available . for more infonnation Call: 218-722.9564 or 612'786-7391 Owner/Operator John "ampson .