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Home My WebLink About1990-03-06 CC Packet - (' e e e , . .. AGENDA STILLWATER CITY COUNCIL March 6, 1990 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA INDIVIDUALS & DELEGATIONS 1. Final Subdivision approval for a two-lot subdivision located at the corner of Center St. and W. Sycamore St. in the R-A Single Family Residential Dist., Edward Simonet III, Applicant. 2. Final Subdivision approval for the resubdivision of one lot into two lots with a portion being added to the adjacent lot located south of 1025 W. Sycamore St. in the RA Single Family Residential Dist., Edward Simonet III, Applicant. STAFF REPORTS 1. Finance Director 4. Comm. Dev. Director 7. Fire Chief 2. Public Safety 5. Parks & Recreation 8. City Attorney 3. Public Works Dir. 6. Consulting Engineer 9. City Clerk 10. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special & Regular Meetings - February 20, 1990 Special Meeting - February 27, 1990 INDIVIDUALS, DELEGATIONS AND COMMENDATIONS PUBU C HEARl NGS 1. This is the day and time for the Public Hearing to consider the question of whether or not the City of Stillwater should resolve to negotiate a purchase of the twenty-seven hole golf course & club house facility, known as the Oak Glen Country Club, from the Oak Glen Limited Partnership. Notice of the Hearing was published in The Courier on Feb. 22, 1990, The Gazette on Feb. 22, 1990 and the St.Croix Valley Press on Feb. 21, 1990. 2. This is the day and time for the Public Hearing to consider the transfer of an On-Sale Liquor License at 1599 McKusick Rd., "Pleasures at Oak Glen", Richard J. Anderson, Applicant. Notice of the Hearing was published in The Courier on February 22, 1990. 3. This is the day and time for the Public Hearing to consider modification of a previously approved variance for a garage to convert the second level storage area to living space at 424 W. Churchill St. in the RB, Two Family Residential Dist., Gary & Mary Williams, Applicants. Case No. 619. 1 . - "' Notice of the He 1990 and copies were published in The Courier on February 15, affected property owners. 4. This is the day and t me for the Public Hearing to consider a Special Use Permit request to est blish a five-guest room Bed & Breakfast, including ~ special event activit es, at 210 E. Laurel St. in the RB, Two-Family ,., Residential Dist. Ve n & Sharon Stefan, Applicants. Case No. SUP/90-2. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. 5. This is the day and t me for the Public Hearing to consider a Special Use Permit request to est blish a two-guest room Bed & Breakfast at 102 E. Cherry St. in the RCM Medium Density Multiple Family Residential Dist., David & Janel Belz, A plicants. Case No. SUP/90-3. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. 6. This is the day and t me for the Public Hearing to consider a Minor Subdivision request f r subdivision of a 15,000 sq. ft. lot into two lots of 7,500 sq. ft. at 1 14 No. First St. in the RB, Two Family Residential Dist., Marian Konobec , Applicant. Case No. SUB/90/4. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. 7. This is the day and t me for the Public Hearing to consider a Variance request to the Sign 0 dinance to replace an existing twenty sq. ft. price sign with a twenty-fi e sq. ft. price sign at Brook's Food Market, 2289 Croixwood Blvd. in th CA, General Commercial Dist., Mark Ogren, Applicant. Case No. V/90-5. Notice of the He ring was published in The Courier on February 15, ~ 1990 and mailed to af ected property owners. ,., 8. This is the day and t me for the Public Hearing to consider a Variance request to the Sign 0 dinance for a roof sign and two ten sq. ft. banners at 904 So. 4th St. in the CA, General Commercial Dist., Toby B. Brill, Applicant. Case No. /90-6. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. 9. This is the day and t me for the Public Hearing to consider a Variance request to the Parkin Ordinance for a mixed retail/residential use at 904 So. 4th St. in the CA General Commercial Dist., At Last Distributing, Inc., Applicant. Cas No. V/90-7. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. 10. This is the day and t me for the Public Hearing to consider a Minor Subdivision request f r a 70,000 sq. ft. lot with a one-story building (Valley Dental Arts) nto two lots of 31,601 sq. ft. and 38,399 sq. ft. at 1745 Northwestern Ave in the Ind. Pk.-Ind. Dist., Charles N. Maragos, Applicant. Case No. UB/90-8. Notice of the He ring was published in The Courier on February 15, 1990 and mailed to af ected property owners. UNFINISHED BUSINESS 1. Possible first readin Meters" and Section 5 parking ticket fines. 2. Possible second readi g of an Amendment to the Design Review Ordinance. of Amendment to City Code, Section 51.01, "Parking .02, "Parking Regulations"; and Resolution setting e 2 J '" . .. , 3. e 4. 5. Possible second reading of an Amendment to the Heritage Preservation Comm. Ordinance. Request for extension of time to answer City abatement action - property at 4th & Pine Streets, James Meyers. Request from Oak Park Heights for City support and Resolution regarding ongoing traffic problems along Highway No. 36. NEW BUSINESS 1. Request from Library for repairs due to air conditioning failure. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 8246). 2. Applications (list to be supplied at meeting) 3. Submission of claim to City's Insurance Agent regarding damage to fence from Public Works loader at Charter Oaks Townhomes. 4. Request from St. Mary's Church for permission to hang banner at Main & Olive Streets approximately one month prior to Wild Rice Festival on September 9, 1990. 5. Permit to Consume - St. Mary's Church Wild Rice Festival, Sept. 9, 1990, from 11:30 - 5:00 P.M. 6. Request for renewal of State Gambling License - Elks Lodge No. 179. 7. Request to hang Banner on Chestnut St. from March 31 - April 7, promotion of Lakeview Memoral Hospital Community-wide Health Fair. e COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS/FYI 1. Letter from Rivertown Taxi regarding increase in rates. 2. Letter from City Attorney regarding Outlot 0, Cottages of Stillwater. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT e 3 J e TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 1, 1990 SUBJECT: FINAL SUBDIVISION APPROVAL TO DIVIDE LOT 7 INTO TWO LOTS LOCATED IN THE RA SINGLE FAMILY RESIDENTIAL DISTRICT. ED SIMONET III, APPLICANT. CASE NO. SUB/89-63. BACKGROUND: e The preliminary plat for this division was previously approved by the Council October 3, 1989. In order to finalize that approval, the applicant has submitted a Certificate of Survey and legal description showing the two new lots, Parcel 1 and 2. Parcel 1 contains 16,795 square feet and Parcel 2 contains 11,994 square feet. Both parcels meet the lot size requirements of the RA District. Access to the lot is from West Sycamore Street or Center Street. RECOMMENDATI ON: Approval of Final Plat (Certificate of Survey). ATTACHMENT: Staff report for October 3, 1989 Council meeting. Certificate of Survey. e CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 '. . ~~. --.. .. . '.- ",,(,:7: ',:,." . C'/J~~ /':-.' ..:'" , Case Number...2~ _!.. ':,',~:"_:-' ,,~'.~ 0" '. . -- F P.d ~ 0 ", ee Cl ____-:;_ Da~a Fil~~ __!/.'tj.96 '" 11 AC 100 " e~. PLANNING ADlv\IN!STRATIVE FOR^,\ S;;'eet Location of Property: Old Stonebridge Road . _____________a____________________________ '. " . L 'D -' .'on or~ P.-ooerty. See attached sheet egc! os,-npd '.' . ---------------------------------------- Cwr.er: NC:7.e Washingto County Abstract Company --------------------~-------------------------------- Ac=ress_~~~~2~~~!~~!~~_~~~E!~~~:a!~~__ P~one:__~3!:~~~~______ Ap'plice;1t (if other then oW]1er): Neme ____________________~___________ Address______________________________ Ph6~e:-----:~-~--- ,___ Approval'.or Preliminary ptet __~ Aporovol of find Plct . . ' :__ Other__~~~~~~i~!~~_ap~~o~=l 6lBlock 1\Dal1a~er Estates , D esc:: p~;on of Req u est: _ ~~_~.:_.:~~~~~~.E;!;:.-~~:..:;:-~':.<:.!.:-.:1:~:.,-3-~~~=:.~:.h.:- approval of the City of Stillwater in order to record ------------------------------------~----------------------------- Type or Recuest.- . Rezoning Soecial Usa Permit' . for recording ___ Y orioncs 'e..' the'tw~ deeds.Also in the future w~ wi~h to.se11 Lot Dallag~:~::::~-::~-w~-::;~~~~~---~----~-----~--~---~~~~~~-~-- lots and need split approval. Slgncrure or Appllccnl: -----------------~- , . 7, Black 1', Edward W. Simonet III Dete of Pubiic Hearing: --------------------------------------------- .. .. 'NOTZ; Sketch of proposed 'propert'1 and s".:uc:ure to be dra\YIl.on bacl~ 0'; ~ iar.:l <1:'..... t.Qcheci, showing the following: ~..,.., :' '. . . ,......'~, \:i ' :_, -.J (0/'"'..')., 1. N art::' cih-ection. '" ~ . / ' '::" 2. Location of proposed st=ucture on lot. . . . .Lr{/ ~..;~ . ',:-~~ 3. Dimensions of i:ron~ and side set~backs. ~ . .<\"):j ~,.~. 4. Dimensions of proposed st=ucture. S ,~-:,;~ \;~ 0.,. ,_r 5 S' = . ~,'. ~~ .~, . c.eet n<i4~es. , . ro-;, .; ,~"'. .. 6. Location of ::>d]';;,cent e:-:istin<1' buiIdin:!s. C!:\ 0< \!" .~. . t:> u . 'J;. ~ f::><'~ ~\,,,, 7. Othe= inior::lation as may be reques~ed. ~~~ C:~ ~# ..;.. ...-t'_". # Approved ___ Denied '__._ by the 'P!?nning Commission on ___________ (data :~!:"'~'.. . b. . '" "'h f II' dOt" . su lec7 10 Ie. 0 oWing con lIons: ____________________________:--___ ----------------------~------------------------------------ Approved ~__ Denied ___ by the Council on ______________~- subiec to. t~e - , . . .: ~ II' d-.. ... 1. \ .. .. .., .. .. . . .. _ ~~ : . '" 10 oWing con lilons: ______-:._________________~__________ .. ." '". .. --------------------------------------------------------- .. : ..: :".:.." ..... ...... ~ ..... .... ... ,.... .. ~. .... . ; .. .....:.. . .. .. .... .. . ... .' "_' . . Commen;s: (Use other sIde), '._ "::', " ".:.~. <: ',,' '.' .' .:':' . . , . -: :. "". '.,:' ,:..00' ;..:. ;~'( ;'~':,>: ..'. .:' ::i:. . <)::!.i!J;:U.f)': ~.;{ -.;./ . :.: ~..: : ;::;,: : ::'::; ::~> ;:", .-_. . - : -:.:.: ;: .' ;:;:j~i:::"" :'::: ", e e e . . PLANNING APPLICATION REVIEW CASE NO. SUB/89-63 PLANNING COMMISSION MEETING: September 11, 1989 PROJECT LOCATION: Lots 6 and 7, Dallager1s Estates COMPREHENSIVE PLAN DISTRICT: ZONING DISTRICT: APPLICANT'S NAME: Washington County Abstract Company TYPE OF APPLICATION: Subdivision. PROJECT DESCRIPTIONS: Preliminary Plat approval for a minor subdivision of two lots into three lots on Old Stonebridge Trail. (Sycamore Street). DISCUSSION: The request is to subdivide a lot of 28,789 square feet into two lots of 16,700 square feet, 12,089 square feet. All width, depth and lot size requirements have been met according to both the RB and RA development regulations for single family homes. In the development regulations, RA District requires a lot of 75 feet, lot depth of 100 feet and a minimum lot area of 10,000 square feet. The RB District requires a lot width of 50 feet, lot depth of 100 feet and a minimum lot area of 7,500 square feet. ~ Center Street (shown as Oak green Avenue on the map) has not been upgraded as per City street, curb and gutter standards. CONDITIONS OF APPROVAL: 1. The existing drainage easements shall be vacated and a new drainage plan and easement provided before final plat approval. RECOMMENDATION: Approval. FINDINGS: The proposed land division is consistent with the use and lot size requirements of the Zoning Ordinance and Comprehensive Plan. ATTACHMENTS: - Site plan. - Administrative form. PLANNING COMMISSION RECOMMENDATION: Approval of Lot #7 subdivision. .~..:.~..~;~":.....~:. ~ ..; . . \-''-.. ',' "," , , , '\ ' , \ I: --r\ ,,_. .. .. 0 ......_ o. ... 0'. . . . ~ ---279.88--- \0 . -1 -------171.96 - - - -- - - --\\"2- -1661 I I ,. t I I 4 I I i8 ,828 Sq.Ft. I I _ 1 ' 31''1-1_ -- - 0' I 0 ~O )..;..- I 577_ - ~-'\1 lFt.I I -- - \.~ ~I /" - -' - 45 (I<,,\~o I ;' - - \29. .' 6'\0 I<ll c:n /(j' - - 6' /' /' . o 10' / (j' /" ~Jp~\~., :;-1 \10 / /' U' \ (5 I ~ _c., / '/ / \. 21 I CJ. '/~ 0)'07 / --;- I I / / '/ 6'/\. I / ,'<v I f\ / '/ '\ I / /0) ,) ____ ,- \ I ~J... '/ '\,,<7,,/ I V o. ,0 , \. - \ '/ (S,So / ~~o~ ' '-- C \ I / '/ / "\.", ",;ao"\",Ja, ....0/ -,-J>'.- \ /I~ _... --) .- ~~'/ '/ '/ ~~oo'.)a', ':')7 / / -. '(' , \.. \ 60~ / "" S "- ~ L .- \ I 5 oor '/ ",,0 , ..y / ) \.. '?~v '/~1, "\....,'l. ) ( -.- 23,668 Sq. Ft. '/ /~. ., 16 , ..~, ,'/ /'\~ ,,/ 0/':' ~,\\,~ P >/ ,. '1_ ^ 1 / " 6'<. ~~\~\SI<?u;. '/ '/ .. It" I 1 ~"4. ", <a ~-\ ~ . '/'/ PA 12 ~ r; L c.. .....,1 II (h.~~.J'76s" ~ '6\ '/ '/ 'V "6 ';>a.." "" :\ N88000'od'w / '/ ;.."1 1 , .;>a........ ' 112 7D----------/ '/ ~"'; 1'00) ~ I ,~ .. - - - - - - - - \ ( ~l /". . ~J . 88.37 , 16 \ 1 I~, '<T I ,"'>/ \ \ I / ~ -::::. 310, ,,0, \ \ 6 1 / /I I, Ii) l'il ' 011'". / / ... B ^ !:!: l~\ ~/,<}~ \ \ ~,~r= :tprr. 1 / PAflCt::.!- ~~ t ,':'I",""~' , I ~ w r-J '\;>;' " "> \ \ 2.. 3 5"00 s 8 /'-1:' / / r: " VI I {,: v c;' \ \z : c 6( . ~ \ \- ~ ~ I::: '~~o 8 '\ \0 I I, 0 \ ~ 7 ~ e I , \~, ~\ \Cl I I ..._ ~__ _ _~ -..: 0 /1 r\ \~6" 17,885Sq,Ft. VI\ \VI_ 1 ~ I!Il t3,,\r"l. '4..~( I C\i '00\\ \~'\ i&\ '~, ".,\ 1L/8 Ib,7oo :s&pj e2, ~ \66\ \ \\(' -~n~ I~ 2.50 P.~ I \ Iz 0 \ V -00_1' \~ I \ \0 U..;,; I ~\ i"'o \ \ 'bl 'j N --- l C;e.1 ,g. \ \ \ ~I :l II "., \~O~~ /,/ I G \ \~. a '-" \ PAra k"L -A =,-;:. OJ JU,~!J~, ItA \ \~ V \ \ ~ III' . ' . \ I , \ \ \ tb ,I) -- -' - - I _ _ _ _ ~ \l _ _ _ _ _ _ _ _ _ _1 L _ _ _ _ _ _ _ _ _I ; L .:-:::-:::. _ _ _ =- _ _ _ _ _ _ _ ---! 12 102,00 92,00 150,97 " -- --- 625.00--- N 89041'29"W -- 7-'12,97- e q r)f \ \ ^ / I \ ~~\J \j V MINo/Z. Su8011/1's/c/V EO S/MO/l/€T /1/ AGlf/dT 17/ /989 ,4; /Z : rl2 WASHINGTON COUNTY STQl\€ MONuMENT AT THE sc: COR: SEC. 20, nON, R20W ~ ____ LOT LINE SCALE IN FEET , , rSTRE:ET LINE . I , r'l on :3: , , -1'1 Vo -i"- '<T- \O~ NO ,Z , I " ..;' "- ~ :3: I = 001'1 ~-~ ;;)0- ";10 'Z I .- \u ~ <:t "< ~ ~ ~ ~ ~ <J :~ 8~ on - ",- Q\~ I g I I , I I I ,1 I'" / . ... ~ e e e y r illwater '~ -- ~ "-- -~ THE BIRTHPLACE OF MINNESOTA J MAYOR AND CITY COUNCIL COMMUNITY DEVELOPMENT DIRECTOR MARCH 1, 1990 APPROVAL OF RESUBDIVISION OF 31,418 SQUARE FOOT PARCEL OF LAND INTO ONE LOT A AND THE REMAINDER LOT BEING COMBINED TO ADJACENT LOT 8. BACKGROUND: TO: FROM: DATE: SUBJECT: At the Council meeting of October 3, 1989 a subdivision was approved for this site. LotslA" and "B" as shown in the Certificate of Survey were combined into one parcel "C". Since that time the adjacent property owner has made arrangements with the owner of parcel "C" to purchase parcels "A" and "B" as shown on the Certificate of Survey. Parcel "A" has access to West Sycamore Street and meets the lot size requirements of the RA Single Family District. Lot "B" is a land locked parcel which is prohibited. In order to allow lot "C" to be split into a "A" and "B" portion, a declaration must be recorded requiring parcel liB" to be combined with the adjacent Lot 8, Block 1 Dallager's Estates for building or sales purposes. A declaration to that effect has been prepared by the City Attorney and signed by the owner of Lot 8. RECOMMENDATI ON: Approval of Certificate of Survey and declaration of covenant and restriction. ATTACHMENT: Certificate of Survey and legal description. CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 " . Case ~umbe~ si(~J~'i"":':'" ~l ~.'... :, 2 0 " Fee Paid ____~_Q_.::..:.___ .' Date fil~~ --Y-1i.Q---- PLANNING ADiVdNISTRATIVE FOR^,\ PAC 100.. --. . . . e', .1 Street Location of Property: _..912_~~<?.n~J:>.El~a~..R.s>~E__________________...;____ Legal Doscription of Property: _E~~_~t.!3.Eb~~_~h..e!.E_______________________ Owner: N a m e _ _____________~~~I:.~n~~~-~~':.~t.Y-~~ ~~~a_c!_~~~r:..a3X_______...__ Address _~~2_l'2~~I:.]'..?3!!~_~~:..;1?!!:~~!_~.:.:__ Phone: __:3.:.:-~~~~______ /. Ao'olicant (if other than owner): Name ____________________:..._~__________ . . . . . Address______________________________ Pho~e:--------~------ ,--- Approval'.of Preliminary Plat __~ Approval of Final Plat' :__ Other__~~~~~~i!!~~_:~~~o~:l 6~B1ock 1~Da11a~er Estates 'Description of Request: _~':._c:.r.:_!:=~!.~r:.~~;!;~-~~t-.:-~-:.~o...!'.:~~~,-..?!-~::~-~h:- approval of.the City of Stillwater in order to record ------------------------------------------------------------------ Type of Request:' ___ Rezoning ___ Special Usa Permit' ___ V arionce for recording e" the 'tw~ deeds.A1so in the future w~ wi~h to.se11 Lot Da11~~~:~:::~~-::-:w~-::;:r~~:~--------~-----~--~---~~~~~----~-- lots and need split approval. SIgnature or Appllcan,: __________________:tzt:::::.._ . ,Edward W. Simonet III Date or Public Hearing: ____.:________________________________________ NOTE: Sketch of proposed' property and structure to be dra\YIl. on back oi t..'lls form or at- tached, showing the following: 7, Black 1', 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other iniormation as may be requested. ~7';5:-0-'";?-....' ' . ,/,-, ,,) , '..' -..I /1/'/';-.. . ",,_j ..... ;.~ . i/....,..' .<0 . ,<'\> )r <:p'Y ,~ if. ""- ,\:>. "'(.1..-' ~ ' ..'.' .1~~\~ .P "'<-') ,~, (....~ "{' 0.., q ..<>r "'~\; ~) , U rrj " 0;' .{,-, . -, c.n o'~ ~':~>. 'd? ..J f\~\; :v." ' ?J ...~ 't; ,1' ~;),v. , .~..:~!C '_'" . ___________ (aa.a)~'j,..." Approved ___ Denied '--,- by tho 'Pl~nning Commission on b. .lo';' .;.h f II. d.t' . su lee, 10 Ie. 0 owmg con I Ions: ____________________________'_______ ----------------------~------------------------------------------- Approved ~__ Denied ___ by the Council on ________________ subiec: to. the - '. ~ II' d..;.' ' \ . . " . ' " . 10 oWIng con lilons: ..:._..:.__~____________________..:.___________________ , '. " . ------------------------------------------------------------------ " . . . ....~ ':',: ,,~Comments: (Use' other side), .~~'; ~::>, .,'. ' \' . . .. . .. ... . '. .... : 0,' ::; .....:, :" . . ..' . ~......:., .~.:. - ..." . : . . ... .' . .... ...-. r '.-".' ~~ '0' ,. .' , " . ..... . . eo. .' . . . .... 0 . . ~ ".:,;. .. . -. ..' .."" . ... -." :.... .' 0'. ~ ': . -_ I . o. 0" . .... ..... . ". ...... ..-:,. ... ::'..:.... .... ..; ".lo.. o .>.~...:;,..:..~..,..: .~:o -." .-: ..- . . .- '.' '.;'" ':f~:' '-;:'.' ',. .: . ~ _ __ __ _ _ _ _ __ ~\ \'1.- ,_------ -"i....-:~ ,~ :....--- ---~ '" , <\ " , ~ .\'. ~~;.. 0 \ ~ "o,'f.. " "b 0\'" I 4 ~. \ \B B2.B Sq.fl. ~ 1 / \ ..~ ~~ ~ Q' ):J // \ -11.~--" '!>-" \ ~~~ _ /~ _ V~ \ _ ~ _ ",<.,,,,. ;\ ' / _/~q'~ . ~~o \ ' \ . ~/ < /;, ~\ ~ 1<; / ....} /'. J \ G', / e,/ .s "- :?\ \~_ I I ' 0, & I 1 -f. z , .197 I 1 <^ \ _. / I " \ \ / / I f\ / ,<1" \ 1 1''- ,,' \ . l- " 1 ,,,S, \ .I 10:0' r \ " / I "C".O"'.' \ ' I_O'~ _ \1 . I 1 '>9 ."",".' j'''' {\ ~} \._ .~/ 1 -....:..>s" , "'.) I ~~_ \ /1--'\ / 5 ooo~~ // .,">1 j ~ '/ \' 'I 1 if / '-) \./ 2.3 668 Sq fl. ",;- I"~'" (- ' / /,~ . '" / /- ,<" / / <l ,., 9' '.,~ '!' / / ~()\.\S) ~ / / ~-\ Ii' / / 0\ / / 0,\ Neeooo'od'w / / / -------- --- / <t) ( ~ ... _ :.. __ __ _ _ - - \6 ::...: ee,:)7 \ \ ~ \ \ ~ \ \ 0"";;:- 0 \ \ '>" I VI CO ,;>/Jf ~ \ \ .,; I " It) I "-J~' \ \~ g.. \ \" , "', 8 _\ \ 0 ,~.9' ,*7.00 c:.. S('\,c::t ~\ \~. ~,~""', I .00;'; '1 \ . \... v ~\ -;:. 'b' ,~ \ Ii " "- " \ \ '.1 I \ . f6\-z () \ ~ \\~ \\ ~\ \ 0 \ \ \ '~\ ~ <0 V \ \ \I-l~ \ \ \~ \ \ \ \ \ \\.. __ _ _ __ _ _ _ _ _ _ -l. \) {)(\\ f\/ \~, c- \....1 \j \J ___279,8e--- \02.00 __- 625.00--- N e904\'29'W -- \::\ _ _6 6-~ - \ \ \-OT \)N€- \ \ _.,wj:: ---- 0f J \-,: '" -1"\ <fO <i........ <f- <t)~ NO I~ I I ............... :? ,. It / P A (l < (!; /.. C ,,"I / -...."'/ 1 \A.... <f' \ 0"'1 /~ ~I M' \ '" If:? / I ~"::: :;\0 II / 1\ II ~ ~ \ / I pA IZ cef... 8 . ~i, \"'\ ,,,, / / ~ 'II. \ ~ ;"'", (;' ~<: ~\; \-i:~ \ .' . v < r \ ':' (; , \'0 1 ~'t5 /\ \z \ \ ... ~, 'i ' #. "- III \ <\1 .\ 148 Ib,'oo s6f!i ~~ \ *' · 'D, '2-~" c ' r'" \ \..t1 ) \ \ ~- ,./ ~\fj .. "_ ,.....oll'\ s II \ i), f'A ta ,. L. A -' ~...a .--. t\\ //- - . \ \ 12 \ \ \ \. ----------- - - - -- - -- - ~ \ \ _------ \ N \.-_-------- ,. \.0.97 - 6 ~'--~ '" . 1 I" / '2..3500 ~$r-t. . ~ ~ <t < ~ 'U ~ \!) ~ ~ C " -- _' 1.,. t./ ZJI 7 - f'II/JoIofl. :5u80IVISIO/J 13 0 :5/~ .AI""- 7IZ Au f (,Ij-r' /71 I tJ 8.9 ~t>.SH\NGiON COllN!."<iLle siOl-E, ~l.AE.Ni tJ;, pI;. Sf. COR:SE.c.201,.~N, ' R 20~:'--- 92,00 ;::c /l : SCALE. \l'l fE.E.i --- ,.. e e e ~ DECLARATION OF COVENANT AND RESTRICTION WHEREAS, Daniel J. Michaelis and Michelle R. Michaelis, husband and wife, hereinafter called "Declarants," are the owners of Lot 8, Block 1, DALLAGER ESTATES, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, and, WHEREAS, pursuant to a property line adjustment, the Declarants have agreed to purchase a portion of the adjacent lot legally described as follows: That part of Lot 6, Block 1, DALLAGER ESTATES, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, lying southerly of the following described line: Beginning at the angle point in the easterly line of said Lot 6 distant 121.53 feet northerly of the southeast corner of said Lot 6; thence westerly to the northeast corner of Lot 8 of said Block 1 and said line there terminate, containing 15340 square feet, more or less, and, WHEREAS, in order to facilitate the transfer of this real estate to the Declarants, the City Council of the City of Stillwater did grant to the Declarants a variance from the Subdivision Code since, without this declaration, an unbuildable parcel would be created and, WHEREAS, as a condition of the granting of this variance, the Stillwater City Council required that the two parcels owned by Declarants be combined as one parcel for the purpose of transfer of ownership or building development. NOW, THEREFORE, the Declarants hereby covenant and convey that the following described parcels of real estate located in Block 1, DALLAGER ESTATES, shall hereafter be considered as one parcel for the purpose of building construction and the transfer of ownership, and that any subdivision of the one parcel shall require subdivision approval from the City Council of the City of Stillwater: Lot 8, Block 1, DALLAGER ESTATES, and that part of Lot 6, Block 1, DALLAGER ESTATES, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, lying southerly of the following described line: "".' '., e e e Beginning at the angle point in the easterly line of said Lot 6 distant 121.53 feet northerly of the southeast corner of said Lot 6; thence westerly to the northeast corner of Lot 8 of said Block 1 and said line there terminate, containing 15340 square feet, more or less. IN WITNESS WHEREOF, ~ day of February, we have hereunto set our hands this 19900/J4UJJ 14ia~ aniel Jo M1chae is '7JjJzJJ1e ) /C. ');4i.1'~ ., Ml helle R. ~Iichaelis ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) This instrument was acknowledged before me this E; day of February, 1990, by Daniel J. Michaelis and Michelle R. Michaelis, husband and wife. ~ CmC~f~~ Notary, ublic tI C This instrument drafted by David T. Magnuson ARN 66400 324 South Main Street Stillwater, MN 55082 I^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^. ~~\ TERRY C. McCONAUGHEY ~. ~~"-'A.\i) NOTARY PUBLIC-MINNESOTA ~ < ,.,,~~,)',' WASHINGTON COUNTY <. ~ ....' My CGmm. ExpIres June 17, 1991 ~ _VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV. e. e -, .~ e ST~Fr REQUEST ITEM DEPARTMENT ____i'~.!?l i c Works ME=:TING DATE _]gr~f1. 6. 1990__ ... DESCRIPTION OF REQUEST (Briefly outline what ,the request is) _~\!2~!:'~ej_.!1~~_.r.~<L~~1_t..Q...JllJ.n:h.dS.e...-6.o{Lfee.LQf~~-Jll_b.Q.~e_..fQr:._s..4D.D.....aQ______ _~.:_~<:.:'!_~~~O_i!.:....2.!}~_!.f}j~_~E.1L"!9.111!LQQ..t....Qffe..c..t...tb.e P II h 1 J c ~Q..d<.s~___________ _!2~~~~E~~~~~~2~1~_t~_~Ql~_~~J~_Q~~~~-----------------_____________ ._----------------------------------------~~--~-~--~----------~~-=~~ F!NANCIAL IMPACT (Briefly outline associated with this request and ne~ded to fund the request) c.:.sts, if any, p~~posed source of that the the ar~e .: ' ,unas the --------------------------------------------------------------------- --------------------------------------------------------------------- ADD ITI"ONAL INFORMATION ATTACHED YES NO ALL COUNCIL MINIMUM OF FIVE COUNCIL ME=:TING BE SU8MITTED'TO THE CITY CLE~K A YS P R TO THE NEAT REGULRRLY SCHEDULED 'LR =-b I~N HE COUNCIL MRTERIAL. PACl-',ET. / DATE 3- 2 - ?!2. ---------" .. ..- " -------- SUBMITTED BY : e MEMORANDUM TO: David Mawhorter, Police Chief FR: David T. Magnuson, City Attorney DT: January 25, 1990 RE: Parking Ordinance Enclosed is a copy of the revised suggested ordinance for amending our parking code. The ordinance provides that all parking code violations of any kind can be handled on an administrative basis with the same stepped-up fine, depending upon the number of violations a person has within a 90-day period. Perhaps we would like to exempt out certain statutory parking violations, such as handicapped parking that requires by statute a $100 fine. I leave this for your review and the review of the committee. e I know there was some interest in prohibiting cars for sale in the downtown area but I think it would be very difficult to regulate in view of the possible infringement of the First Amendment. If we did try something like this and someone brought an action and had the conviction set aside on First Amendment infringement grounds, we would be liable for attorney's fees. I am aware that the City of Woodbury paid thousands of dollars in attorney's fees in a case involving the zoning ordinance prohibiting certain kinds of advertising on billboards. For that reason, I would like to stay away from this provision. There is also already in place prohibitions against placing bills on posts and I enclose a copy of that regulation for your review. Let me know if there is anything further. DTM:kn Enclosure I - ".,l e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE, BY CHANGING SECTION 51.01 "PARKING METERS" AND SECTION 51.02 "PARKING REGULATIONS" The City Council of the City of Stillwater, Minnesota, does ordain: 1. Section 51.01, Subdivisions 1 through 12 of the Stillwater City Code are hereby repealed. 2. A new Section 51.01 entitled "TIME LIMIT PARKING ZONES" shall be enacted that shall read as follows: "51.01 TIME LIMIT PARKING ZONES. Subd. 1. Zones. The City Council may, by resolution, designate certain areas where the right to park motor vehicles, equipment or structures is limited by time. The Public Safety Director and the Public Works Director shall mark by appropriate signs each zone so designated. No person shall park in any limited parking zone for a longer period than is specified. e Subd. 2. Obliterating of Marks. It shall be unlawful for any person to remove, erase or otherwise obliterate any mark or sign, placed upon a tire or other part of a vehicle by a police officer or other duly authorized enforcement officer for the purpose of measuring the length of time such vehicle has been parked in a parking spot, while a vehicle is parked in any limited time zone. Subd. 3. Shiftinq of Parked Vehicles. Any vehicle moved less than 200 feet in a limited time parking zone shall be deemed to have ~emained stationary." 3. A new Section 51.02, Subd. 1, Subsections 4 through 6 shall be added that shall read as follows: "51.02 PARKING REGULATIONS. Subd. 1. ~ e 4. Permi t Zones. The Ci ty Council may, by resolution, designate areas. within any city-owned parking lot as a permit parking area, and establish the number of permits to be issued and the, fee for the permits. The Public Safety Director and the Public Works Director shall mark each' area with appropriate signs. It shall be unlawful for any vehicle to be parked in a permit parking zone without a permit. , ! e e e 5. Fines. The City Council may, by resolution, establish a procedure for implementing the parking regulations of the City including an ,authorizing form of administrative complaint to be used for charging violations of the parking code, ' and to set fines for parking violations. 6. Penalty. established by wi thin thirty misdemeanor." Any person who fails to pay any fines the Council pursuant to Subsection 5 (30) days shall be guilty of a 2. In all other ways, the City Code shall remain in full force and effect. 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this 1990. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk Published: ~ ,j . " ... e RESOLUTION NO. RESOLUTION SETTING PARKING TICKET FINES WHEREAS, Stillwater City Code Section 51.02, Subd. 1, Subsection 5 authorizes the Stillwater Council to set fines for parking violations by resolution and, WHEREAS, the Council has determined that repeat violations by the same offenders should be addressed in the fine structure, NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER CITY COUNCIL, that parking ticket fines shall be as follows: 1. $5.00 for any violation which was not preceded by another parking violation within the City in the prior 90 days; 2. $10.00 for any violation preceded by one parking violation in the prior 90 days; 3. $30.00 for any parking violation preceded by two or more parking violations within the prior 90 days. e BE IT FURTHER RESOLVED, that $25.00 shall be added to the amount of any fine not paid within five (5) days of a ticket's issuance. BE IT FURTHER RESOLVED, that this resolution shall be effective on the first day of March, 1990. Adopted by the City Council this , 1990. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, Clerk '* e e e e {ij {~~J !RCM TO STILLWATER AND M BEAUTIFlL ST. CROIX VALLEY NO. 12345 Officer A.M. Date TiIlE!_ _ P.M. Loc~tion Make of Vehicle License State Yr. This notice will serve as a WABMING that you have violated City Parking Ordinance Number 51.01 regarding; _ Overtime Parking 15 min. zone Parked in Crosswalk __ Overtime Parking 2 hour zone _ Parked Blocking Driveway _ Overtime Parking 4 hour zone Parked on Sidewalk No Permit in Permit area __ Parked in Loading Zone __ Obliterating Marks __ Parked Wrong Side of Road Parked on sidewalk __ Parked Where Signs Prohibit Parked More than 12" from Curb Other Parked within 20 Ft. of a Crosswalk at an Intersection Parked within 30 Ft. of a Traffic Control Device Parked within SO Ft. of a Railroad Crossing Parked within 10 Ft. of a Fire Hydrant The City appreciates your visit and wishes you a pleasent stay while in Stillwater. In your future visits, we would greatly appreciate your observance of the parking rules and regulations of the City. e e e STII.UlATER POlICE DEPARTMENT PARKING VIOlATIOO NOTICE NO. 12345 Officer A.IlI. Date____ TiIlE!_ __ P.M. Location Make of Vehicle License State Yr. You have violated a parking regulation as set forth in Ordinance NUMber 51.01 of the Stillwater City Code. __ Overtime Parking 15 min. zone Parked in Crosswalk __ Overtime Parking 2 hour zone __ Parked Blocking Driveway __ Overtime Parking 4 hour zone Parked on Sidewalk No Permit in Permit area __ Parked in loading Zone __ ObI i terat ing Marks __ Parked Wrong Side of Road Parked on sidewalk __ Parked Where Signs Prohibit Parked More than 12" from Curb Other Parked within 20 Ft. of a Crosswalk at an Intersection Parked within 30 Ft. of a Traffic Control Device Parked within 50 Ft. of a Railroad Crossing Parked within 10 Ft. of a Fire Hydrant You are hereby assessed the following fee, hereinafter set forth on this envelope and you may satisfy the requirements of this chapter by inserting the necessary sum of IIIOney in this envelope and delivering or mailing it to the Stillwater Police Dept. __ $5.00 for any violation which was not preceded by another parking violation within the City in 'the prior 90 days. __ $10.00 for any parking violation preceded by one parking violation in the prior 90 days. __ $30.00 for any parking violation preceded by two or IIIOre parking violations within the prior 90 days. A $25.00 fee shall be added to the aroount of any fine not paid within five (5) days of the date of issuance of this Notice. The person responsible for paYEnt is the registered owner of the IIIOtor vehicle. Failure to pay this notice may result in a warrant being issued for your arrest. # ~ COUNCIL REQUEST ITEM _EP'lRTMENT -t:ob1ItJ.a~_~#~____ MEETING DATE -_3.::_0-=fl2___ DESCRIPTION OF REQUEST (Briefly outline what the request is) _-~-_-fu_-PM~_h._JL!10:!&Lj!~__ _~_PM2~--~---~~__!Ll=.J:~_{!Lqa~_______ --~~--~--~-4_J:tldY..c:'~_j!J-1fL_tJc,L_. -h-6.P--~k._ tt.t:td.--hl_-~~--.ao.~tJ1llIA/rL_.f!~ ~_dLL h.._2-tzdZ__n ' , , __' 11I1lJ14;~_{~_~/~~~__~_ '.. c hL__ - _ ~__U:L,-~~___ ~- ------ -~-MU~-~M&U_I__~ ~~~--~-~--~ ..IL . / --~--f;::;;,~~-. ~~~~~~~~1;. / t.t~_~__~___ --~~-~~~-~~2Y-L~~t~~~--~-~~~~~ -FINANCIAL' IMPACT Briefly 'c,utlirle the c1;:\s1:s, if any, that are associated with this request and the proposed source of the funds needed t.::a flJ.nd the request) ....-..!~==-= .=-=....~.2.""--:-..;...- -'=.::';:;=-'::::::---~=-:"':-.: -------~~--~~~~-------------------------------------------- -E.~', . t ;Z2:0t!:). ,,'., . 'u' J "/I' _ '''u ' .. ' , , ____.'.,____. .___,.___ ------ - _L_AL~ ____ ~--____~~~OL~---__-------------~--------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ACDITIONAL INFORMATION ATTACHED YES .,K.~" NO ALL COUNCIL REQUEST ITEMS ~~~I BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED CCUNCIL M~TING IN ~ER TO BE PLACED IN THE CCUNCIL MATERIAL PACKET. SUBMITTED BY _~_~_____. DATE __~~~_~___ e &(~\~NE~S074 ~9. l ~ :Il ;:: ~ ~ ~ ~1- ~ e ')- OF Tt:\t>-~ Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley A venue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. February 23, 1990 Steve Russell, Community Development Director City of Stillwater City Hall 216 No. Fourth St. Stillwater, Minnesota 55082 Dear Steve: I have enclosed the brochure and registration information on the "1990 Partners in Progress Conference" as you requested. e I consider this an excellent opportunity to do a little bragging about Stillwater's planning efforts in conjunction with the Stillwater Downtown Plan. This experience should be shared with other communities across Minnesota. The focus of our panel discussion will be to talk about how transportation planning and community planning can work together to provide community improvements, especially in the area of historical preservation. I would suggest that we get together next month to put together a detailed presentation agenda. Please let me know if you will be able to participate, or if you have any questions. Michael R. Louis Metro District - Minnesota Department of Transportation Enclosures e ~~ 1990 An Equal Opportunity Employer .~, .:' "- '. Confe'renc.e Schedule 1 . Friday, May 4 I 12:00 noo"n Registration 1:00 p.m. : Welcome- Commis~ioner David Speer 1:30 p.m. 2:45 p.m. 4:00 p.m. 7~00p.m. 9:00 p.m. Keynote: "Small Towns Can't Stop Gro\;Ving" , JohnFraserHart, University of Minnesota Workshops (Four Concurrent Sessions) Celebrate Minnesota 1990- ' Keeping the energy going Recycling-Salvage yards. used oil, railroad ties, tires, batteries and more Y~uth activities-Community service Localfundraising ideas Informal Networking Sessions ' Celebrate Minnesotaf990 ' Communities Dinner Celebrate Minnesota 1990 Director Maureen Flahaven Special Guest Speaker: Merrilyn Belgum Adjourn " A' ' . '0 . .t. : c..... " '.' . . ,. :.' '~.' ", '~.." ' i . ,. ." a,' ," -w'" ..' , I.:' . ~. - . ~ .' " .' 'I I. ", " , . Satlirday, May 5 8:30 a.m. 8:00 a.m. BreakfaSt " . \ 9:00 a.m. ", . Registration Workshops (Four Concurrent SeSsions) , . 'Attracting and keeping volunteers Governor's Design Team' , Community success stories Marketing your community 10:30 a.m. . 10:15 a.m., Break 12:00 noon -" 1:45 a.m. ' 3:00 p.m. Workshops (Four Concurrent Sessions) ECQnomic restructuring on main street lru!ustrial archeology , Motivating volunteers' Community entrance improvements " Picture It Painted Awards Luncheon ' Mark Gustafson, Co-Coordinator, . Minnesota Beautiful! Community fride Workshops (four Concurrent Sessions) Picture it Painted Main Street building improvements Grant and loan programs Public art/environmental art 6:30 p.m.' Spcial Hour Informal Networking Sessions 7:30 p.m. Community rride Awards Dinner 9:30 p.m. Adjourn " I . " ,J . Su~day, May 6' 8:00 a.m. Registration .' ' 8:30 a.m. Sunday Seminar, SeSsion I ' , . Citizen -based Leadership . ", 9:45 a.m~ . . Brunch' 110:30 a.m. Sunday.Seminar, Session IT, , Citizen -based Leadership 12:00 noon Adjourn, " Questions? 'If you have any questions regarding the conference, please call Jane LeolU!fd or Vivian Bartsch,at (612) 297-3190. Uyou have lodging questions, please call Madden's at 1-800-247-1040, if you are calling from within Minnesota. If you are calling from other states, call1-800-233-2934. , " '.e,,',:' '; , , 1990 "'Partners in Progress Confer'ence ~,' , i" Cerebrating Minnesota Communities May 4-6, ,1990 'I Madden's Resort and Conference Center Bra~erd, Minnesota , Annual conference for citizens . ,involved or interested in ,Minnesota Beautiful/Community Pride, . Governor' s Design Team and Minnesota Main Street programs. Make you'r reservations now! Before you know it, the second annual Partners in Progress Conference will be upon us. This year if will be held at Madden's Conference Cen~r in , Br~nerd May 4-6. In the year of Celebrate Minnesota 1990, the , Partners In Progress Co'nference will be "Celebrating Minnesota CommUI1ities" with a ' host of workshops devoted to helping you ' improve your community. We'll celebrate with . awards and recognition ceremonies, and with , speakers who will challenge and enrich you. Bring your family and friends along to enjoy the . outstanding recreational facilities Madden's has'to offer, while we meet to explore ways to make our , communities even better than they are. You'll return from your weekend retreat energized and . refreshed, ready to make the most of new ' Sponsored by the Office of Environmental , Resource Development, Minnesota Department, of Trade and Economic Development, the conference features programming and events from the Minnesota BeautifuVCommunity Pride, Governor's Design Team, Minnesota " Main Street, and Celebrate Minnesota 1990 , programs. Co-sponsors include the University of Minnesota Extension Service and . .' ~hort-EUi9tt-Hendrickson Inc. , . ..'/ Don't miss out on the sp(:Cial eventS and speakers, , , we kave planned for you. They include: Keynote Speaker John Fraser Hart, a professor of geography at the University of Minnesota; will set the pace for the conference with his Friday keynote address. ' Professor Hart"s long career includes teaching , stops throughout the United States and Europe,-, including a Fulbright lectureship in France. His ' presentation blends a visual show on Aineri~'~ small towns with a lifetime collection of community research. The outcome promises to be , observations both sentimental and thought-provok1ng. Whether you live in a small town, neighborhOod or metropolis, you wi,ll 'appreciate the message Hart brings., ' ' Celebrate Minnesota 1990 . ' . Communities Dinner , ' , , Well, w~'ve fmaIly made ,it to 1990, the year of e e ra mneso, e year 0 e ymplc Festival '90 - Twin Cities, the year before the U.S. Open and the NCAA Hockey Finals,and two years before the Super Bowl. It's been a lot to get ready' for -, we've worked hard all year to do it, ' 'so now.let's,celebrate! We'll review our , " accomp1ishm~nts and corigratulate each other at a special d~nner Friday e~e~ing. .. , ,Our special guest speaker is Merrilyn Belgum,' "funniest old lady in the world," and former' assistant professor of social work at the University of Minn'esota. Belgum, who's made over 500 , '"appearances regionally and nationally, will tickle . your funny bones with her ",it imd close-lo-home '.' ' humor. ", , , , 'I .' '. . .:". .~\. "< , .:: .. . Picture it Painted and. Community Pride A waI:ds Saturday is awards day, with honors to be' , presented to the Picture It Painted winners at noon, and the Community Pride folks in the evening. This is a perennial highlight you won't want to miss. Sunday Seminar This year we're featuring an in-depth learning session on Sunday morning. Intense, direct, and down-to-earth, this three-hour workshop will give you hands-on instruction in volunteer management and local leadership skills bu~lding as'it relates to c;ommunity improvement and beautification activities. We'll offer suggestions on how to attract and retain volunteers, how to generate enthusiasm, how to break down resistance to change, and more. Stay with us through this session to bring the conference to a complete and fitti~g close. Silent Auction The annual silent-auction will run throughout . the conference, 'with proceeds going to benefit the Small Grants for Environmental Education , progrIDn. This effort provides grants of up to, $500 to teachers and their stuoents, for the creation and imnlementation of environmental learning projects thro~ghout the state. All funds raised go directly to grant recipients. During . the conference, we'll recognize this years grant winners. To participate, you may donate items for the auction or bid at the auction, or both. . Items donated in the past have ulcluded pottery . and needlework by Mil\nesota artists, wildlife prints, gift certificates to popular Minnesota travel destinations, and Minnesota souvenirs. . . Call Mark Gustafson at 612-Z96-2l69 if you . would like to contribute any items. , I " \ ..,-..;'. , \ " " .,' . DIsplays We'll again have the popular display sessions, open throughout the conference. Businesses, organizations, agencies, and communities are welcome to reserve space and bring display materials. Communities and non-profit groups will not be charged for space. Businesses and for-profit organizations are asked to donate a sponsorship fee for their space. Contact Jane Leonard at (612) 297-1755 for more information and to reserve a space. Costs for Conference and Lodging Pack,ages If you plan to stay at Madden's for the entire conference, the total package cost per person for the conference, from 1 p,m. Friday to noon Sunday, is $150 per person, double ~upancy. This includes . 'registration fee, all lodging (two nights, Friday and ,Saturday), meals (dinner Friday tJ:trough brunch on 'Sunday); workshops, materials, and all recreation. EARLY REGIS1RATION DEADLINE for the full package is MARCH 1, 1990. , , . If you stay elsewhere, but will be attending the entire conference, the package rate is $95, including registration fee, meals (Friday dinner through Sunday brunch), workshops and 111ateriats~1ml:Ividual day rates are lIsted on the attached registration form, as are rates for awards banquets only. EARL Y REGISTRATION ' DEADLINE for this package is APRIL 16, 1990. Please carefully read all registration materials attached, fill out the appropriate lines depending . on your choice of packages, and send the form . with a check to Madden's Resort, not to the Department of Trade and Economic Development Mail fornis and c~eck to Madden's Resort, Box 387, Brainerd, MN 56401. Please , make chetks out to Madden's Resort. If you wish to stay at Madden's for Friday night or Saturday night only, please call Jane Leonard, 'at. (612) 297-1755. We are encouragirig participants to ': stay both nights to take advantage of the package ., deal. However, we'll try to work out arrangements for one night only on an individual basis. , \. . e ... COUNCIL REQUEST ITEM DEPARTMENT ______~~3~__________________ MEETING DATE ___~_~JE~Q_ DESCRIPTION OF REQUEST (Briefly outline what the request is) 3E:.'!..c:..h~!i_~-:.e_~!!E..~~_~f_<t...~~~~_~_~~ci-~~~~.1~~'!.J3'~_~~.!-~-{OS-~-~~.Q!.oJ>..Y:!:._&~~~ J_Ii~~.!..'1.~!:.!.4....E&!::/i:.p3;.J!-.!!-S&_o..L~b&_~Q~~.2.!Lt..IfdJ~_~:~.ill~!!::t:.y.-2Q.1!1~_.t:.i:.@.21!!:.)-!1M:.t;;.~.!:/04-_-- J~~~~_~~~~~~~_Ei_D~~lL~~~_____________________________------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ~ -------------------------------------------------------------------- e FINANCIAL IMPACT (Briefly outline associated, with this request and needed to fund the request) the costs, if any, that are the proposed source of the funds ___________~~~~~~~-lL~O~~~~~---------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- AD~ITIONAL INFORMATION ATTACHED YES _>(..5_ NO AL~ COCNCIL REQUEST ITEMS ~~2I BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED CCUNCIL MEOTING IN ORDER TO BE hL~CED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY _~_q{~_63~______ DATE _y~L~~_________ . !itillllJ'ater -- FORD · LINCOLN · MERCURY, Inc, February 26, 1990 CITY OF STILLWATER 4x2 F150 - Pickup 133WB e 4x2 F150 - Pickup 133WB (300 cu.) 6 Cy1. Engine Power Brakes Power Steering Automatic All Season P235-75RX15L 762 Step Bumper Paint Sliding Rear Window AM Clock Radio Transportation 205 Payload Package $11,435.00 S&D S&D S&D 915.00 156.00 130.00 84.00 S&D 530.00 46.00 $13,296.00 No Trade $10~310.00 Fleet Manager $~~ '" e Hwy, 36 @ 5 . 12969 North 60th Street Stillwater. Minnesota 55082 612-430-2400 e Junction of Minnesota Highways 36 and 5 5900 STILLWATER BOULEVARD NORTH · P,O. BOX 337 STILLWATER, MN 55082. (612) 439-4333 Stillwater Parks Departnient 216 N. Fourth Street ~itillwater MIl. 55082 Proposal # 1 Enclosed please find a proposal for a Chevrolet Pickup to meet the specifications in your quotation request. This vehicle would be ordered from Chevrolet, with normal delivery expected within 8 to 10 weeks. e 1990 Chevrolet Pickup (CCI0903) Includes all standard equipment plus: Heavy Duty Chassis Heavy Duty Shocks 305 CID V8 Engine Power Brakes Power steering Three Speed Automatic Transmission P235/75R15 All Season Steel Belted Blackwall Tires Full size Spare Tire Solid Color from Stock choices RE,ar step Bumper Sliding Rear Window AM Radio Stillwater Motor Company will sell this Chevrolet Pickup to the Parks Department for $11320.00. Please call Todd Peterson at Stillwater Motor Company with any q~estions. Thank you for the opportunity to de business. Todd Peterson e Sales 439 4333 ".'''.'3'' I @ I BUICK - "'eep. Il~~ :ni\A .AI Il:mII .. . e e e Junction of Minnesota Highways 36 and 5 5900 STillWATER BOULEVARD NORTH · P.O. BOX 337 STillWATER, MN 55082 · (612) 439-4333 Stillwater Parks Department 216 N. Fourth Street Stillwater Mh. 55082 Proposal # 2 Enclosed please find a proposal for a Chevrolet Pickup to meet the specifications in your quotation request. TIle Pickup in this proposal is a Chevrolet 'Work Truck' model that does not allow the option for a V8 engine. The engine in this Pickup is a 262 CID Vortec V6. This vehicle would be ordered from Chevrolet with normal delivery expected within 8 to 10 weeks. 1990 Chevrolet Pickup (CC10903) Includes all standard equipment plus: Work Truck Package 4.3 liter V6 Engine (262 CID) Heavy Duty Chassis Heavy Duty Shocks Power Brakes Power steering Three Speed Automatic Transmission P235/75R15 All Season Steel Belted Blackwall Tires Full Size Spare Tire Solid Color from Stock choices Rear Step Bumper Sliding Rear Window AM Radio Below Eye 9x6~ inch Painted Mirrors Stillwater Motor Company will sell this Chevrolet Pickup to the Parks Department for $10470.00. Please call Todd Peterson at Stillwater Motor Company with any questions. Thank you for the opportunity to do business. ~.;;::~~~ ,,~ Sales . 439 4333 j1hiJII'''. I @ I BUICK ... Jeep, Ilg~:':.d41 mm e e e . . . . PONTIAC OLDSMOBILE CJI!lI!W{!JW BPIl1JIP/JJS CADILLAC GMC TRUCKS . 14702 N. 60th Street (Hwy, 36) P.O. Box 19 Stillwater, Minnesota 55082 612-430-2900 February 28, 1990 Stillwater Parks Dept. Mr. Joel Blekum 216 N. 4th St. Stillwater, MN 55082 Dear Joel: Thank you for allowing me the opportunity to provide you a quote for a 1990 pick-up truck. The price of the truck including specified equipment is $12,089.58. The equipment is as follows: GMC SIERRA SL half ton pickup truck-2 wheel drive, 8ft box,- regular cab. BRAKES: Power-Front disc/rear drum w7rear anti Tock-system FUEL TANK: 34 gallons STEERING: Power SUSPENSION-FRONT: Independent coil springs 2950lb Cap REAR: Semi-Elliptic 2stage multi leaf springs 3750lb Cap WHEELS: 15" x 6.00" ENGINE: 5.0Liter (305cu in) EFI V8 TRANSMISSION: 3 Speed automatic TIRES: Steelbelted all season radials-Black sidewalls P225/75R15 REAR STEP BUMPER-Painted SEAT: Vinyl Bench PAINT EXTERIOR: Solid RADIO: Electronically tuned AM/FM Sterio w/seek and scan-digital clock REAR WINDOW: Sliding Enclosed for your convenience is my business card. Sincerely Dick Westcott ;n e e e Pa.lr.U dpt.. r illwater ~ ---~ THE BIRTHPLACE OF MINNESOTA i) $pec~f~cat.~on~ 104 ~uot.at.~on on 1990 piC~p t.4uck 9Lfpe 0/ lJeh~cle - healJLf dut.Lf ha..lf-t.on (S/8) t.onl p~ck.up t.4uck - 2 wheel M..~ve, 4t.anda4d full-~~~e, 8 ft.. bo~, 4e~ula..4 cab. $u4pen4~On - heav~e4t.-dut.Lf ava..ilable 104 t.h~ Model. [nq.~ne ~a40l~ne powe4ed, ~nim~ JOO C.9.D. 84ake4 - POWe4 ~ed $t.ee4~nq. - powe4 a~~ed ~ 94aY/.<14-iA.4~on - J-~peed au.t.OMaUc 9i1te~ - 4t.eel beUed 4ad~a..l~, aLl- weat.he4 t.4ead, 4ha.U ~nclude 4pa.lr.e -t.uu. &. t-i.-t.e. 1!odLf COl04 - ~ha.U be de:te4M~ned at. :t:..iAe of pWt-cha~e 140M 4t.ock. COl044. [~t.4a4 - dep bWl/.pe4 (4eaA.) dU~nlf 4ea.lr. /IJ~ndo III fl..M.. clock..-t.ad~o Not.e - above e~t.4a~ 4ha.U be ~rz.c.Luded -t.n bU p4~ce. CITY HALL: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 e ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE STILLWATER CITY CODE, A CHAPTER ADOPTING THE MINNESOTA BUILDING CODE The City Council of the City of Stillwater, Minnesota, does ordain: 1. Stillwater City Code Section 33.01, Subdivision 1, subsection C (6) is deleted and a new Section 33.01, Subdiviison 1, subsection C (6) is added which shall read as follows: "( 6) Minnesota State Building Code Appendix "E," Optional Automatic Fire Suppression Systems, item "8a" option, as set forth in Minnesota Rules ~ 1305.6905, as adopted April 3, 1989." 2. In all other ways, the Stillwater City Code shall remain in full force and effect. e 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this 1990. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk Published: e , '. -' .' e STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT ------------------------------ Other Mexicali Co., a partnership, Appellant, vs. ALTERNATIVE WRIT OF MANDAMUS. City of Stillwater, a municipal corporation, Respondent. THE STATE OF MINNESOTA UPON THE PETITION OF MEXICALI CO. TO THE ABOVE-NAMED RESPONDENTS, GREETINGS: WHEREAS it manifestly appears to this Court by the petition of Mexicali Co. that the allegations of Paragraphs I through IX e of the Petition for Writ of Mandamus, which Petitioner has hereby incorporated herein and made a part hereof, are true. NOW, THEREFORE, the City of Stillwater and its City Council is ordered and commanded immediately upon receipt of this Writ to commence eminent domain proceedings against Mexicali Co. to determine the damages suffered by Mexicali Co. by reason of respondent's construction of a holding pond for public storm water drainage, or to show cause before this Court at a speci~l term hearing to be held at the Washington County Courthouse in the City of Stillwater, State of Minnesota on the ~~day of J77~ , 1990 at /tJ:t)C) M., why it is not required to do so; or if it has complied with the Writ, return a certificate of e compliance attached t said Writ to the Court: or in the alternative, file an nswer in the same manner to as a complaint e in a civil action. Witness Court and the rable f)tf1/IIE a yscje /2...,. Judge of the reof this:2C iay of ~J ~\"-,! 1990. .1 ,,' !~ Clerk of District Cou t e e e e e STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Other Mexicali Co., a partnership petitioner, vs. PETITION FOR ALTERNATIVE WRIT OF MANDAMUS. city of Stillwater, a municipal corporation, , Respondent. TO: The Honorable District Court for Washington County: Your petitioner respectfully states: I. Your petitioner is a Minnesota partnership consisting of Robert Steiner, Dr. Richard Steiner, Thomas I. LaNasa, Douglas Chesnut, and Raleigh P. Nelson. II. Your Petitioner is the owner of a parcel of land located in the City of Stillwater, Washington County, State of Minnesota, and legally described as follows: That part of the west 135 feet of the east 300 feet of the west half of the east half of the southeast quarter of the southwest quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying northerly of the north right-of-way line of State Trunk Highway No. 212 (State Highway No. 36.) and lying southerly of a line 350 feet north of and parallel to said north right-of-way line. III. e The parcel descr bed above is used by Petitioner to operate a Taco Bell Restauran and your Petitioner obtained from the City of Stillwater a Condi ional Use Permit to operate such a Taco Bell. A copy of said Conditional Use Permit is attached hereto as Exhibit "A". IV. Your Petitioner st tes that said Conditional Use Permit contains a provision or ponding of water coming from the parcel owned by Petitioner, egally described in paragraph II above and does not subject the roperty of Petitioner to accommodate public storm waters. V. e That upon inform tion and belief, your Petitioner alleges that the City of Stil water is in the process of constructing a pond upon the land of Petitioner for public storm water drainage from a development north of Petitioner's property. Respondent City solicited from Petitioner a Waiver of Trespass to come upon petitioner's land. copy of said Waiver of Trespass is attached hereto as Exhibit "BIl. VI. That upon infor belief, your petitioner believes that Respondent City as entered upon the land owned by Petitioner, has chan ed the grade and it is contemplated that petitioner's land wi 1 be subjected to public storm water drainage and floodin from the pond being constructed upon e Petitioner's land. e e e .' VII. Your petitioner futher alleges that the Respondent solicited Petitioner to give the Respondent City an easement over said land described in paragraph II and Respondent City retained appraisers and appraised the value of the land of Petitioner being taken at $17,000.00 VIII. Your petitioner retained his own appraisers who appraised the value of Petitioner's land being taken at $29,000.00. IX. Your petitioner has now been informed that it is not the intention of Respondent City to commence eminent domain proceedings. Attached hereto as Exhibit "c" is a copy of a letter from the attorney for the City of Stillwater dated November 3, 1989. Petitioner alleges that said ponding of public storm water on petitioner's parcel is a taking which destroys and damages Petitioner's land for public purpose without just compensation, and is a violation of Article I, Section 13 of the Constitution of the State of Minnesota. WHEREFORE, your petitioner prays that a Writ of Mandamus be issued commanding the City of Stillwater and its City Council to commence eminent domain proceedings against your Petitioner under Minn. Stat. Sl17, to determine petitioner's damages suffered by reason of Respondent City's taking, and further to pay to Petitioner the expenses incurred by Petitioner in comencing this legal proceedings pursuant to Sl17.045. Dated: February 23, 1990 STATE OF MINNESOTA} }ss COUNTY OF RAMSEY } By ell #6361 Attorneys for Petitioner Ste. 327, Lutheran Brotherhood Bldg 2780 North Snelling Avenue Roseville, MN 55113 RALEIGH P. N being first duly sworn upon oath, deposes and states t is a partner in MEXICALI CO. and the Petitioner herein; t at he has read the foregoing Petition for Alternative Writ of andamus and knows the contents thereof and that the same is tru . ~~<z!~ Subscribed and sworn to before }~ " - '. ~ /) ~ ARLENE P. ?~Er:H ~ ti::('':''.?l NU1ARY ?lJaUl_:Ml!11:'.::" , '~' , C:'\. RAM~EY CCL'jh -, .~"t:...:-..jl . . .... I" ,..., ,.::,/4/ ' My C:lrr.mlSSlon expli'es ';;-" 1-,' - , ..-....--. ,", e e e CONDITIONAL USE PERMIT e APPLICANT Mexical i Company 1430 County Road C Roseville, Mn. 55113 LEGAL DESCRIPTION OF PROPERTY The West 135 feet of the East 300 feet of the South 350 feet of that 1 1 1 1 part of the West 2" of the East 2" of the Southeast 4 of the Southwest 4 lying Northerly of S. T.H. #:212 in Section 33, Township 30, Range 20, Washington County, Minnesota. PURPOSE OF PERMIT To insure that all necessary site and use plans are consistent with the existing zoning district's development codes and to insure that the ap- proved plans are completed. DATE September 13, 1977 e CONDITIONS 1. All applicable provisions of the Washington County Ordinances as well as any more restrictive provisions of the Stitlwater Township concerning commercial developments shalt be com- plied with. 2. A It written materials, drawings, maps and diagrams submit- ted as part of the appl ication shall be come part of this permit. 3. Upon agreement between the County Planning Department, Stillwater Township and the Joint Powers Planning Committee, no plan review or building permit will be completed prior to the approval and issuance of this Conditional Use Permit. . 4. Sanitary sewer and water improvements constructed in compli-, ance with engineering standards and approval from City of Oak Park Heights. 5. Utilize municipal sanitary sewer and water services in accord- ance with the agreement established between Stittwater T own- ship and City of Oak Park Heights. e t.lA" " , Conditional Use Permit 'Mexicali Company Page Two On-si e drainage shall comply with the following conditions recom ended by the Stillwater Township Engineer: In the event drainage is channeled to flow north on the site, then the n rthern 110 foot secti on of the property shall be re- serve for a ponding easement adequate to accomodate all surfac runoff from the site. The northern 110 foot sec- tion s all not be filled or utilized except for a ponding easem nt unless pub I ic storm sewer services are available. If the site drainage is directed south then Township and State requirements shall be complied with. 6. 7. Desig and location of access drives in accordance with - the si e plan approved by the Minnesota State Highway Depa ment and the County Zoning Administrator. 8. Revis on of any drives shall be the responsibility of the applic nt. 9. Parki g and internal circulation shall comply with the site plan pproved by the County Zoning Administrator. 10. Drive and parking areas shall be constructed of hard sur- face aterial. 11. Lands ape plan in accordance with plans approved by County Zonin Administrator. 12. All tu fed areas on the parcel that have been disturbed or destro ed during the construction phase of this project shall e graded with topsoil, rough seeded, mulched and fertili ed before September 15, 1978 of the construction year ith recommended seed mixture as per Martin Ziebell,' , Count Soil Conservationist. 13. A Ian scaped area consisting of a combination of wood chips and 9 ound cover approved by the Zoning Administrator, shall be es ablished along all driveways, disturbed areas and park- ing to edges. Distribution of all plant material on the site shalt e approved by the Zoning Administrator. 14. Desig , locations and specification of signs shall conform with t e County Ordinance and subject to approval from Count Zoning Administrator. 15. This ermit shalt not be considered a building or sign permit, etc. e e e .' .conditional Use Permit Mexiciali Company Page Three e 16. All signs shall be considered a separate matter and shall be approved by the County Zoning Administrator. 17. All waste materials and trash stored outside shall be screened from view with plantings, fencing or contained in trash masters placed on poured surface. 18. The parcel shall be maintained in a sanitary manner. 19. Written comments from County Planning Department and State Highway Department relative to develq>ment of this parcel shall be incorporated as a condition of this permit. 20. Concrete curbs shall be installed on the entire site surrounding the paved surface except on or along the common property line between R. G.T. and Mexicali Company properties. Pre-cast concrete curbs shall be installed along the said common property line. 21. A $3,000.00 performance bond shall be posted with the County to insure compl iance with the Conditional Use Permit. (The Con- ditional Use Permit shall not be issued prior to posting of said bond .> e 22. The conditions of this permit shal1 apply to the land described and shall not in any way except here in noted, be affected by any subsequent sale, lease or other change from the current ownership. 23. Non-compliance with the conditions of the permit shall be con- sidered a violation of said permit and may result in revocation of said permit. 24. Construction shall begin within one year after issuing the Con- dit~onal Use Permit or permit becomes void. 25. The Conditional Use Permit fee shal1 be $10.00. e We have read and understand the conditions of this permit. We also understand that any enlargements, intensification, or change in plans must be submitted to the Washington County Plarmjng Department.; I . U 1:' (l: ilL (u(;3('77 Applicant Owner ~- Date /l~t:t. L..L 1~11:?/7/ ~~:i"gtO: County - o"i"g Adm. I 'Date '. Parcel 89-8 Mexicali Co. WAIVER OF TRESPASS L.I. 251 The undersigned, Mexicali Co., a partnership, being the owner of the propert described on Exhibit "A" attached hereto hereby grants permis ion to the City of Stillwater or its authorized contracto s to enter the undersigned's premises to the extent as shown hibit "A" for the purpose of constructing and maintaining age and ponding improvements over, under and across said property It is understood that the City of Stillwater will cont nue negotiating with the undersigned owner in order to arrive a a reasonable value for damages occurring to the owner by reason f the contemplated taking. If the parties Dated: cannot agree ue, the City of Stillwater will commence eminent domain proce dings in accordance with law. Dated: - - \\ f3 1/ e Attorney for / 'e e e e e \~e , . EXHIBIT "A" Real Estate of Mexicali, a Partnership Legal Description of Entire Parcel: That part of the West 135 feet of the East 300 feet of the West half of the East half of the Southeast quarter of the Southwest quarter of section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying Northerly of the North right-of-way line of State Trunk Highway No. 212 (State Highway 36) and lying Southerly at a line 350 feet North of and parallel to said North right-of-way line. Legal Description of Portion of above-described parcel being Acquired: The Northerly 106 feet. c' Richard C. Ilkka Mr. Robert C. Bell, PETERSON, BELL, CONV 2780 North Snelling Suite 327 Roseville, MN 55113 ( DAVID T. MAGNUSON ATTORNEY AT LAW SUITE 112m THE GRAND GARAGE &: GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 e (612) 439-9464 November 3, 1989 sq. RSE & JENSEN venue Re: Zantigo and Bur er King Parcels City of Stillwa er Local Improveme t No. 251 Dear Bob: As part of the of the title connected with these parcels, I discovered that Co ditional Use Permits were issued in 1977 by e the Joint Powers Zon'ng Commission that formerly had jurisdiction. When development occ of Stillwater but un Commission comprised County. I enclose copies of provision is contain explained to you ove these parcels is a d rred, the property'was within the Township er the zoning jurisdiction of a Joint Powers of the City, the Township and Washington he Conditional Use Permits. An identical d in each of them. This makes sense, as I the phone, since the northerly 110 feet of y ponding area that holds runoff. Furthermore, the m burden on these parcels has been lessened since the City acqui ed an additional easement over property 'to the north and also constructed an outflow structure that conveys runoff to a larger p nding area. Accordingly, I do n t see any justification for paying anything to your clients, un ess it would be a small amount to cover the costs of the apprai al you obtained and any other legitimate out-of-pocket expen es. e l~ C JI 'e e e ,~. .. . Mr. Robert c. Bell~ Esq. November 3, 1989 . Page 2 please call with any questions. Very truly yours, DAVID T. MAGNUSON Da~nuson Stillwater City A DTM:kn Enclosure .. .. .~, :~. _!f'. lJ ,a. ..:t- ~'i / / / e STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Ot he r RGT Investments, a partnership Appellant, vs. ALTERNATIVE WRIT OF MANDAMUS. City of Stillwater, a municipal corporation, Respondent. THE STATE OF MINNESOTA UPON THE PETITION OF RGT INVESTMENTS TO THE ABOVE-NAMED RESPONDENTS, GREETINGS: WHEREAS it manifestly appears to this Court by the Petition of RGT Investments that the allegations of Paragraphs I through e IX of the Petition for Writ of Mandamus, which Petitioner has hereby incorporated herein and made a part hereof, are true. NOW, THEREFORE, the City of Stillwater and its City Council is ordered and commanded immediately upon receipt of this Writ to commence eminent domain proceedings against RGT Investments to determine the damages suffered by RGT Investments by reason of respondent's construction of a holding pond for public storm water drainage, or to show cause before this Court at a special term hearing to be held at the Washington County ~ouse in the City of Stillwater, State of Minnesota on ~O ayof ~ 1990 at /o;com.. why it is not ~equired to do so; or if it has complied with the Writ, return a certificate of e compliance attached to said Writ to the Court: or in the , " ( alternative, file an in a civil action. Witness the Hon Court and the seal th in the same manner to as a Complaint rable IJ/h/ /413 ,a pc0~dge reof this e?G da/of F~ , of the . \ ". Clerk of Dlstrict Cou t <Ill" ... '" e e e - ..!...+ e e e '" .. STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Other RGT Investments, a partnership Appellant, vs. PETITION FOR ALTERNATIVE WRIT OF MANDAMUS. City of Stillwater, a municipal corporation, Respondent. TO: The Honorable District Court for Washington County: Your petitioner respectfully states: 1. Your Petitioner is a Minnesota partnership consisting of Raleigh P. Nelson, Gregg B. Nelson and Timm R. Nelson. II. Your Petitioner is the owner of a parcel of land located in the City of Stillwater, Washington County, State of Minnesota, and legally described as follows: That part of the east 165 feet of the east 300 feet of the west half of the east half of the southeast quarter of the southwest quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying northerly of the north right-of-way line of State Trunk Highway No. 212 (State Highway No. 36.) and lying southerly of a line 350 feet north of and parallel to said north right-of-way line. III. The parcel descr bed above is used by Petitioner to operate a Burger King Restaur nt and your Petitioner obtained from the city of Stillwater a onditional Use Permit to operate such a Burger King. A copy f said Conditional Use Permit is attached hereto as Exhibit "A" IV. Your petitioner st tes that said Conditional Use Permit contains a provision or ponding of water coming from the parcel owned by Petitioner, egally described in paragraph II above, and does not subject the roperty of Petitioner to accommodate public storm waters. V. That upon inform tion and belief, your Petitioner alleges that the City of Stil water is in the process of constructing a pond upon the land of petitioner for public storm water drainage from a development north of Petitioner's property. Respondent City solicited from Petitioner a Waiver of Trespass to come upon Petitioner's land. copy of said Waiver of Trespass is attached hereto as Exhibit "B". VI. That upon infor belief, your Petitioner believes that Respondent City as entered upon the land owned by Petitioner, has chan ed the grade and it is contemplated that petitioner's land will be subjected to public storm water drainage and from the pond being constructed upon petitioner's land. '"I .. e e e e e e .... VII. Your petitioner futher alleges that the Respondent solicited petitioner to give the Respondent City an easement over said land described in paragraph II and Respondent City retained appraisers and appraised the value of the land of petitioner being taken at $22,300~OO. VIII~ Your Petitioner retained his own appraisers who appraised the value of Petitioner's land being taken at $35,OOO~OO~ IX~ Your petitioner has now been informed that it is not the intention of Respondent City to commence eminent domain proceedings~ Attached hereto as Exhibit "c" is a copy of a letter from the attorney for the City of Stillwater dated November 3, 1989. Petitioner alleges that the ponding of public water on Petitioner's parcel is a taking which destroys and damages Petitioner's land for public purpose without just compensation, and is in violation of Article I, Section 13 of the Constitution of the State of Minnesota~ WHEREFORE, your Petitioner prays that a Writ of Mandamus be issued commanding the City of Stillwater and its City Counci1,to commence eminent domain proceedings against your petitioner under Minn~ Stat~ Sl17, to determine Petitioner's damages suffered by reason of Respondent City's taking, and further to pay to Petitioner the expenses incurred by Petitioner in comencing this legal proceedings pursuant to Sl17~045~ Dated: February 23, 19 0 STATE OF MINNESOTA) )ss COUNTY OF RAMSEY ) RALEIGH P. NEL deposes and states tha the Petitioner herein: for Alternative Writ 0 and that the same is t EN By R rt C. Bell #6 1 Attorneys for petitoner Ste. 327, Lutheran Brotherhood Bldg 2780 North Snelling Avenue Roseville, MN 55113 ON, being first duly sworn upon oath, he is a partner in RGT INVESTMENTS and that he has read th~ foregoing petition Mandamus and knows the contents thereof ue. f~~ Subscribed and sworn t before ~.--- ~' )::,"', AR L1:).I'= P p--r ~" , :!d;.-"'::',' l;.l!;, ':; j S',_;':L .;:' ~-\X;: NUIARt i'1J311(,_n:'i ';, \i;;,'1l5} RAM~::Y :CL:I;1 _~ My <ommis:ion expires3.31.) ,----~~~~- uary, 1990 .( " ...., e e e e .... ,.. I , ... .. . e e CONDITIONAL USE PERMIT APPLICANT R. G. T. ...1-1'\ V U'" /17 ei ,,1..5 36 Pheasant Lane St. Paul, Mn. 55111 LEGAL DESCRIPTION OF PROPERTY The East 165 feet of the East 300 feet of the South 350 feet 1 1 1 of that part of the West '2 of the East '2 of the Southeast 4' of the Southwest i lying Nortl1erly of S. T.H. #:212 in Section 33, Township 30, Range 20, Washington County, Minnesota. PURPOSE OF PERMIT To insure that all necessary site and use plans are consistent with the existing zoning district1s development codes and to in- sure that the approved plans are completed. DATE September 1.3, 1977 CONDITIONS 1. All applicable provisions of the Wash ington County Or- dinances as well as any more restrictive provisions of ' the Stillwater T ownsh i p concerni n9 commerc ial deve I op- ments shall be compl ied with. 2. All written 'materials, drawings, maps and diagrams sub- mitted as part of the application shall be come part of this permit. 3. Upon agreement between the County Planning Department," Stillwater Township and the Joint Powers Planning Com- mittee, no plan review or building permit will be com- pleted prior to the approval and issuance of this Condi- tional Use PermiL 4. Sanitary sewer and water improvements constructed in compliance with engineering standards and approval from City of Oak Park Heights. 5. Utilize municipal sanitary sewer and water services in accordance with the agreement established between Sti1l- water Township and City of Oak Park Heights. l{ It II , '. COl1ditional Use Permit R.G.T. Page Two 6. On-si e drainage shall comply with the following conditions recom ended by the Stillwater Township Engineer: In the event drainage is channeled to flow north on the site, then the n rthern 110 foot section of the property shall be re- . serve for a ponding easement adequate to accomodate all surfa e runoff from the site. The northern 110 foot sec- tion hall not be filled or utilized except for a ponding ease ent unless public storm sewer services are available. If th site drainage is directed south then Township and State requiremer'!ts shall be complied with. 7. Desi n and location of access drives in accordance with the site plan approved by the Minnesota State Highway Depa ment and the County Zoning Administrator. 8. Revi ion of any drives shall be the responsibility of the appli ant. ,9. Parking and internal circulation shall comply with the site plan approved by the County Zoning Administrator. 10. Driv s and parking areas shall be constructed of hard sur- face material. 11. Land cape plan in accordance with plans approved by County Zoni g Administrator. 12. All t rfed areas on the parcel that have been disturbed or destr yed during the construction phase of this project shalt be' graded with, topsoil, rough seeded, mulched and fertilized before September 15,1978 of the construction year with recommended seed mixture as per Martin Ziebell, Coun y Soil Conservationist. 13. A la dscaped area consisting of a combination of wood chip and a ground cover approved by the Zoning Admin- istra or, shall be established along all driveways, dis- turb d areas and parking lot edges. 14. Desi n, locations and specification of signs shall conform with County Ordinance and subject to approval from County Zoni g Administrator. .... ~ 'e e e .~..l . , , e e e , , Conditional Use Permit R.G.T. Page Three 15. This permit shall not be considered a building or sign permit, etc. 16. All signs shall be considered a separate matter and shall be approved by the County Zoning Administrator. 17. All waste materials and trash stored outside shall be screened from view with plantings, fencing or contained in trash masters placed on poured surface. 18. The. parcel shal1. be maintained in a sanitary manner. 19. Written comments from County Planning Department and State Highway Department relative to development of this parcel shall be incorporated as a condition of this permit. 20. Concrete curbs shall be install ed on the entire site surround- ing the paved surface. 21. A $3,000.00 performance bond shall be posted with the County to insure compliance with the Conditional Use Permit. (The Conditional Use Permit shall not be issued prior to posting of said bond.> 22. The conditions of this permit shall apply to the land described and shall not in any way except here in noted, be affected by any subsequent sale, lease or other change from the current ownership. 23. Non-compliance with the conditions of the permit shall be con- sidered a violation of said permit and may result in revocation ~f said permit. 24. Construction shall begin within one year after issuing the Condi- tional Use Permit or permit becomes void.' 25. The Conditional Use Permit fee shall be $10.00. We have read and understand the conditions of this permit. We also understand that any enlargements, intensification, or change in plans must be submitted to the Washington County Planning Department. Ik0~~ J / Li.___ Applicant/Owner _0-1 j- ;""7 7 Ii __(... I I Date Washington County Zoning Admn. Date WASHINGTON COUNTY, MINNc._.JT4 , I t....",.... ' . of ~"''''T ,r '''...-:- 1" ~ JOINT PC~iEF.s lJ'J:.i'. o Special Use [J Conditional Use Owner: F. ~ ~. Ir.v~s~,~~t~ Address: 3E Pheasant Lr..ne City/State: St. P ~ul. r.~' 551.10 Legal Description of Property: :-tta-::h.e.i Township/Municipality: ~tnlvate~ Applicant (if other than owner): Address: City/State: Permitted Uses: ~:\,.,. =7;-C::";.-- 7~- ;IC'~ ZONING USE PERMIT (J Grading [ Vegetative Cutting Bur;-e: King Res1:~uram: Subject to the following special conditic ns or restrictions: NO. ~~.::'~~:~;.:':~' Permit Fee ':-lr,.()(; o Signs o ~~~~d~:: Zoning District: Cc~"_r::ia: Gi: Zip Code: r~'I':l_cp.I:J cc;:n:~:T!m:s }l:n SI'::: ::u,:; '. , e e We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. : ........ ....' :::- " -+- OWNER - i 'f.: ,,I i' \ ~; ".' .\ .r /. f '\ ,.. ,I /' i ),. I ./' ,! I, '. it' _ COUNTY REPRESENTATIVE DATE LOCAL GOVERNMENT REPRESENTATIVE 12n.7/79 DATE ,.,~..t.~~".......'.:t",,'_~on' .-~...- ~L\"'.J~e~ro~ov_C"r~:'" C\.,.., -""'\0"'_' _"'~t ~"",.- "",..- -....., -c:'.....C"-,..._-:--."-= ~"""!'~"I,...... De- .... rt::t:: rClIU Date Filed e A P P L I CAT ION FOR CON SID ERA T ION 0 F P LAN N I N G R E QUE S 1TtC~".n:z (This form should be filled out in duplicate by typing or printing in ink) Dr.:0 _ ..... t, 11 19 f-f~ flvv' ~-Iev /11'1: /4'1;0 f'I a .' b() tb S+~ Street Location of Property: Legal Description of Property: F:,./t /,S J d-:f j'je E :Jut;)" q-+ -h( e J,). 5 s-o "Gd.t-A..f/~;-I ( # .J- I I /,l... '1"'1 J /",0 v;w'.A;f1 ~..I- ..r" 7. r:~ ~I ~ .I" J<!~1" 33__ tJ-.fk W 'J-ttr -J ~ E .z... "J S" f: # 'i cJ- i:,J.Jv.-q ~..r",d.:/3tJI Rt,."'f;!. '"l ~ Wu.J~/A7f(J" (OJ .Ht'll!t, Owner: III 6. /. h veft '" e "'" -J..f Address ::7 b r' Ie 9..r~#? -f /-#/'''7<;2 City 57 ~ ~ r.J I . State /'7/.....,;'\ Zip .5r//o Name Phonet(,j1 - S-7? 2.... Appl icant (If other than owner): Name Phone Address City State Zip Type of Request: Rezoning Variance Special Use Permit e Subdivision Approval Other: C V P . ~ ft\ ~ '"' ~ l...) I( r:. 1/ j (: v 0+ CO f, . ex 'J+'~ ( cup -t /'-'rlJ~J'~ Description of Request: . Present Zoning Classification: Co ,"At ~ y' c,.,'", ( Existing Use of the Property: If e..; f~ \/ i/ ~ ,,-t Has a request for a Rezoning, Variance or special use permit on the subject site or any part thereof been previously sought? Ii.!.. , When? . Signature of App I icant: ~o/ ~ 71~ Date j)~. /~,. (,/ J'7 -Approved Denied by the Planning Commission on (date) e Approved Den ied by the Council on (date) Form No.7.6300-2 CONDITIONAL U E PERMIT (AMENDED) NO. JP-CUP-79-809 Cond'tional Use Permit Conditions R.G.T. Investments for Burger King Restaurant December 27, 1979 SPECIAL CONDITIONS AND RESTRICTIONS: 1) All appliCable pr nance as well as Stillwater conce with. visions of the Joint Powers Area Zoning Ordi- y more restrictive provisions of the City of ing commercial development shall be complied 2} Any revisions on the site or in the use of the property shall re- quire an amended conditional use permit prior to any changes 3) All site develop ent and improvement shall be as indicated on the attached plan da ed December 20, 1979. 4) All plant materi ls indicated on the attached plan dated December 20, 1979 shall b maintained at a one hundred percent (100%) sur- vival rate. 5) The northern 110 feet of the property shall be maintained as a ponding area for storm water until public storm sewer is installed to serve the pro erty. 7) 6} The parcel shall be maintained in a sanitary manner. A device drainage shall be remove free of litter. ps litter shall be installed at the inlet of the the northern edge of the parking lot. All litter from the ponding area and that area shall be kept 8) A minimum of tw nty percent (20%) of the property shall be planted or maintained w'th sod and remain pervious to rainfall regardless of future devel pment of the property. 9) The conditions and shall not . any subsequent ship. f this permit shall apply to the land described any way except as herein noted, be affected by ale, lease or other change from the current owner- '10) This permit sha 1 not be considered a building or sign permit. 11) Non-compliance ith the conditions and attachments of this permit shall be consid red a violation of said permit and may result in revocation of t is permit. ., e e e .. . .(. - . e ~... Parcel 89-9 R.G.T. Investments WAIVER OF TRESPASS L.I. 251 The undersigned, R.G.T. Investments, a partnership, being the owner of the property described on Exhibit "A" attached hereto hereby grants permission to the City of Stillwater or its authorized contractors to enter the undersigned's premises to the extent as shown on Exhibit "A" for the purpose of constructing and maintaining drainage and ponding improvements over, under and across said property. It is understood that the City of Stillwater will continue negotiating with the undersigned owner in order to arrive at a reasonable value for damages occurring to ~ the owner by reason of the contemplated taking. If the parties cannot agree on a value, the City of Stillwater will commence e eminent domain proceedings in accordance with law. Dated: J;./A ?? 0/ I yJy / igd~ ;J-~I/t!! Dated: (\ G II r . ,,' I EXHIBIT "A" Real Estate of RGT In estments, a Partnership 'e Legal Description of ntire Parcel: That part of the East 165 feet of the East 300 eet of the West half of the East half of the Southeast quarter of the Southwest quarter of section 33, Township 30 North, Ra ge 20 West, Washington County, Minnesota, lying Northerly of th North right-of-way line of State Trunk Highway No. 212 (Stat Highway No. 36) and lying Southerly of a line 350 feet North of and parallel to said North right-of-way line. . Legal Description of Portion of above-described parcel being Acquired: The North rly 106 feet. e e e e e ( ..,..v DAVID T. MAGNUSON ATIORNEY AT LAW SUITE #203 THE GRAND GARAGE &: GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 November 3, 1989 Richard C. I1kka Mr. Robert C. Bell, Esq. PETERSON, BELL, CONVERSE & JENSEN 2780 North Snelling Avenue Suite 327 Roseville, MN 55113 Re: Zantigo and Burger King Parcels City of Stillwater Local Improvement No. 251 Dear Bob: As part of the review of the title connected with these parcels, I discovered that Conditional Use Permits were issued in 1977 by the Joint Powers Zoning Commission that formerly had jurisdiction. When development occurred, the property was within the Township of Stillwater but under the zoning jurisdiction of a Joint Powers Commission comprised of the City, the Township and Washington County. I enclose copies of the Conditional Use Permits. An identical provision is contained in each of them. This makes sense, as I explained to you over the phone, since the northerly 110 feet of these parcels is a dry ponding area that holds runoff. Furthermore, the storm burden on these parcels has been lessened since the City acquired an additional easement over property to the north and also constructed an outflow structure that conveys runoff to a larger ponding area. Accordingly, I do not see any justification for paying anything to your clients, unless it would be a small amount to cover the costs of the appraisal you obtained and any other legitimate out-of-pocket expenses. C{ C. JJ . Mr. Robert C. Bel~- sq. November 3, 1989 : . Page 2 (" Please call with an questions. DTM:kn Enclosure Very truly yours, DAVID T. MAGNUSON Da~nuson Stillwater City A e e e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES February 20, 1990 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 Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Clerk Johnson Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press Others: Tom Hay, Dorsey & Whitney Law Firm; Emery Barrette, Bill Barrette, Andy Merry, Dick Ulrich. OAK GLEN WORKSHOP ~ A workshop session was held to present to Council, in a preliminary way, some suggestions should the City decide to proceed with the possible purchase of the Oak Glen Golf Course. Tom Hay, of the Dorsey & Whitney Law Firm, presented an informational report on the Oak Glen Golf Course which included the views of the Oak Glen Development Co., the holder of the industrial revenue bonds relating to the Golf Course, the Oak Glen Homeowners Ass'n. Board and other residents and members of the Oak Glen development and Country Club. The report suggested solutions to the problems created by the possibility of operating the golf course as a public course vs. a semi-private course. The report suggested that a purchase price for the golf course which can be supported by golf course revenues could range between $5,500,000 to $4,561,673 and it appears that a purchase price within the range described could be financed without issuing general obligation bonds. A public hearing will be held on this item at the City Hall, March 6, 1990, at 7:00 P.M. e 1 Stillwater City Council Mi utes Special Meeting February 20, 1990 RECESS e Motion by Councilmember Fa rell, seconded by Councilmember Bodlovick to recess the meeting at 6:10 P.M. All in favor). ATTEST: MAY OR CITY CL RK e 2 e ~ e e e , REGULAR MEETING STILLWATER CITY COUNCIL MINUTES February 20, 1990 7:00 P.M. The Meeting was called to order by Mayor Abraham~on. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Public Safety Director Mawhorter Comm. Dev. Director Russell Parks Director Blekum Public Works Director Junker City Clerk Johnson Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press John Junker. Others: APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special Meetings of January 30, 1990; and Regular & Recessed Meetings of February 6, 1990 as presented. (All in favor). STAFF REPORTS 1. Public Works Director - No Report. 2. Parks Director - Advertisement for Various Parks Equipment Discussion ensued regarding Parks' Dept. capital outlay items and Finance Director Deblon's memo alerting Council to the funds left for purchase of capital outlay items. Ms. Deblon suggested a moratorium be placed on items that are not needed at this time. Discussion followed. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick, to authorize the Parks Director, on behalf of the City, to advertise for proposals for a pickup truck, infield preparation machine and two trim mowers for the Parks Dept. (All in favor). Discussion of Contract for Exclusive Use of City Parks Mr. Blekum presented a proposal for exclusive use of City Parks by businesses or organizations and the policy regarding fees, etc. 1 Stillwater City Council Mi~utes Regular Meeting February 20, 1990 Installation of Stree Motion by Councilmember B approve the installation Greeley Street. (All in light on Greeley St. at Lily Lk. Park Entrance dlovick, seconde by Councilmember arrell to f a streetlight at the entrance to Lily Lake Park on avor). 3. Community Development Director - No report. 4. Finance Director - This report was inclu ed with the Parks. request for Capital Outlay items. 5. Fire Department - Advertisement for Part Paid Members of Fire Dept. Motlon by Councilmember F rrell, secon e y Councilmember Opheim to authorize advertisement for three p rt-paid members for the Fire Dept. (All in favor). 6. Public Safety Directo - Employment of Part-Ti e Police Officers Motion by Councilmember K mble, seconded by Councilmember Bodlovick to adopt the appropriate resolutio approving the employment of Shawn Tholen, Kenneth Pluff, Jr., Jeffrey Potte , David Younkin & Shawn Campbell as Part-Time Officers for the Police D pt. (Resolution No. 8244) Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 7. City Attorney - No re ort. PUBLIC HEARINGS 1. This is the day and t me for the continuation of the Public Hearing to consider the request f Eileen V. Meister for a transfer of an Off-Sale Liquor License for a iquor store facility located at 117 West Churchill Street. Notice of the He ring was publiShed in The Courier on February 8, 1990. Motion by Councilmember B dlovick, seconded by Councilmember Kimble to continue the public heari g for transfer of an Off-Sale Liquor License at 117 W. Churchill St., Eileen eister, applicant, for approximately three months. (All in favor). UNFINISHED BUSINESS - Non NEW BUSINESS - None CONSENT AGENDA 2 ~ , e e e .. e Stillwater City Council Minutes Regular Meeting February 20, 1990 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of February 20, 1990, ,including the following: (All in favor). 1. Directing Payment of Bills. (Resolution No. 8243) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. The following Licenses: CONTRACTORS APPLICATIONS Masonry & Brick Work Renewa 1 C & M Trust Rt #1, Box 312 Centuria, Wi 54824 Dick Lodge Construction, Inc. 1404 Meadowlark Dr. Stillwater, Mn. 55082 General Contractor Renewal River City Contracting, Inc. 1675 South Greeley St. Stillwater, Mn. 55082 General Contractor New TAXI LI CENSE e Thomas E. Akim Rivertown Taxi 823 So. 4th St. Stillwater, Mn. 55082 1987 Ford VI N # 00 .145714 1987 Ford VI N #. 00112331 Renewa 1 3. Submission of claim received for damage to a resident's vehicle door from manhole cover to insurance agency. 4. Set Public Hearing Date of March 6, 1990 for the following Planning Cases: a. Case No. 619 - Modification of previously approved variance for a garage to convert second level storage area to living space at 424 W. Churchill St. in the RB, Two-Family Residential Dist., Gary & Mary Williams, Applicants. b. Case No. SUP/90-2 - Special Use Permit to establish a five guestroom Bed & Breakfast, including special event activity at 210 E. Laurel St. in the RB, Two-Family Residential Dist., Vern & Sharon Stefan, Applicants. c. Case No. SUP/90-3 - Special Use Permit to establish a two guestroom Bed & Breakfast at 102 E. Cherry St. in the ROM, Medium Density Multiple-Family Residential Dist., David & Janel Belz, Applicants. d. Case No. SUB/90-4 - Minor Subdivision for a 15,000 sq. ft. lot into two lots of 7,500 sq. ft. at 1214 No. First St. in the RB, Two-Family Residential Dist., Marian Konobeck, Applicant. e 3 Stillwater City Council Minutes Regular Meeting February 20, 1990 ~ e e. Case No. V/90-5 - ariance to Sign Ordinance to replace an existing twenty sq. ft. pri e sign with a twenty-five sq. ft. price sign at Brook1s Food Marke , 2289 Croixwood Blvd. in the CA, General Comm. Dist., Mark Ogren, Applicant. f. Case No. V/90-6 - ariance to Sign Ordinance for a roof sign and two ten sq. ft. banners at 904 So. Fourth St. in the CA, General Comm. Dist., Toby B. Brill, Applicant. g. Case No. V/90-7 - ariance to Parking Ordinance for a mixed retail/residential use at 904 So. Fourth St. in the CA, General Comm. Dist., At Last Dis ributing, Inc., Applicant. h. Case No. SUB/90-8 Minor Subdivision of a 70,000 sq. ft. lot with a one-story building (Valley Dental Arts) into two lots of 31,601 sq. ft. & 38,399 sq. f . at 1745 Northwestern Ave. in the Ind. Park/Ind. Dist., Charles N. aragos, Applicant. COUNCIL REQUEST ITEMS Building Inspectors Mayor Abrahamson initi Building Inspectors. to discuss this issue. ted discussion regarding the need to retain two ouncil set Tuesday, February 27, 1990, at 4:30 P.M. Discussion of New Armo y/Community Center ~ Motion by Councilmember Ki ble, seconded by Councilmember Opheim to notify the .., Army that the City wishes 0 initiate formal proceedings to start exploring provision for a new Armory Community Center; with the formation of a committee to implement that end. (A 1 in favor). STAFF REPORTS (Continued) 8. City Clerk - Approval to Microfilm Motion by Councilmember Bo the request to microfilm v and store microfilm at an arious City Records lovick, seconde by Councilmember Opheim to approve rious City Records and purchase equipment to read pproximate cost of $1,730.00. (All in favor). Council expressed cone rn that these records not be destroyed if they are archived with the Stat Historical Society. COMMUNICATIONS/REQUESTS 1. Request for participat on of City in Minnesota Clean Rivers Project. Council stated they wi 1 be participating ln thlS project. 2. Request from Mn. Leagu of Cities for City to host a regional meeting. City Coor inator Kries 1 will contact Mr. Slater from the League for more information regarding his request. 3. NSP notice to Cities r garding electric rate increase. - No action taken. 4 e . e e e Stillwater City Council Minutes Regular Meeting February 20, 1990 4. Transportation Study Board Interim Report. - ~o action taken. 5. Trip Study of Minnesota Bridges. - No action taken. 6. DNR Project Development Schedule for acquisition of Boat Access near NSP Plant. - No action taken. 7. Letter from Karl Ranum regarding extension of Variance for Case No. V/89-32. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to extend the variance granted on July 11, 1989 for Case No. V/89-32, Billy Jo Elliot, applicant, until July 20, 1990. (All in favor). 8. Letter from resident regarding use of lights at Lily Lake Tennis Courts & Ballfield. Council requested Parks Director Blekum to respond to this letter. 9. Memo from Heritage Preservation Comm. regarding Old Baptist Church at 4th & Pine Streets. - No action taken. 10. Letter from City Attorney to Ass1t. County Attorney regarding Government Center Environmental Assessment Worksheet. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution designating Washington County as the Regulatory Governmental Unit for the Environmental Assessment Worksheet that was prepared on the Courthouse expansion. (Resolution No. 8245) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None STAFF REPORTS (Continued) Community Development Director - Mr. Russell requested the date for the Council Workshop with the Downtown Plan Action Committee be changed. The Council reset the date for this meeting from March 1 to March 22, 1990 at 4:00 P.M. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting to Executive Session at 8:00 P.M. (All in favor). Resolutions: No. 8243 - Directing Payment of Bills. No. 8244 - Employment of five Part-Time Police Officers. No. 8245 - Designating Washington Co. as Regulatory Governmental Unit in regard to the EAW for the Courthouse expansion. 5 Stillwater City Council Mi utes Regular Meeting February 20, 1990 - e MAYOR ATTEST: CITY L RK e 6 e e e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES February 27, 1990 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 Coordinator Kriesel City Attorney Magnuson Building Official Zepper Fire Chief Seim Public Safety Director Mawhorter Community Dev. Director Russell City Clerk Johnson Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press Others: None DISCUSSION OF THE NEED TO RETAIN TWO BUILDING INSPECTORS Council and Staff were gathered to discuss the need to retain two Building Inspectors. They discussed the building activity for the years 1980 - 89, the number of inspections required per building (both residential and commercial) and projected needs for 1990. Also discussed was the possibility of using the second Building Inspector as an Inspector in the Fire Dept., contracting for Building Inspector services and the advantage of the present employee being familiar with the City Codes and terrain. There was some discussion as to the personality and philosophical differences in the Building Dept. Motion by Councilmember Bodlovick, seconded by Mayor Abrahamson for a temporary lay-off of one Building Inspector; and including the possibility that the City may have a need in the future to rehire by contract or other means. (Ayes - 2; Nays - 3, Councilmembers Farrell, Kimble and Opheim.) Motion by Councilmember Farrell that there be a review at the end of March regarding the need for retaining a second Building Inspector. The motion died for lack of a second. Motion by Councilmember Kimble, seconded by Councilmember Opheim to continue the issue regarding retaining a second Building Inspector until mid-year -- with a review to be held mid-June and action to be effective by July 1, 1990. (Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson). 1 Stillwater City Council Minu es Special Meeting February 27, 1990 e EXECUTIVE SESSION The Executive Session to discuss a Labor Relations item will be held after the next meeting. TRAFFIC ENFORCEMENT AT G EELEY ST. AND HIGHWAY 36 Council discusse the re ent accident and means to create a safer intersection at Greeley t. and Highway 36. Motion by Councilmember Ophe'm, seconded by Councilmember Farrell to increase the hours of traffic enforce ent by the City of Stillwater Police Department in the area of the intersection of Greeley St. and Highway 36. (All in favor) . DISCUSSION OF NEW ARMORY Council discusse the co mittee which will be formed to discuss the new Armory. Councilmembers Bodlovick and Kimble indicated a desire to be on the committee and City oordinator Kriesel recommended that Comm. Dev. Director Russell and Lyle Doerr, Washington Co., also be appointed. This will be discussed furth r at the next meeting. DOWNTOWN PARKING TASK F RCE MEETING Mayor Abrahamson announ ed a meetlng of the Downtown Parking Task Force on 4It March 5, at 4:00 P.M. 0 the second floor of the St. Croix Club. TAXI SERVICE Council noted they have received some complaints regarding taxi service in the City and will discu s the taxi situation at the next meeting. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 6:00 P.M. All in favor. MAYOR ATTEST: CITY CLER 2 e e e e ... MEMORANDUM TO: MAYOR and CITY COUNCIL Stillwater, Minnesota FROM: THOMAS S. HAY RE: OAK GLEN DEVELOPMENT COMPANY DATE: MARCH 1st, 1990 I. PURPOSE: The purpose of this Memorandum is to outline some courses of action the Council may wish to take with respect to (a) its outstanding $4,390,000 General Obligation Improvement Bonds, Series 1984A (the Series 1984A Bonds), and (b) enforcement of the Development Agreement dated October 6, 1981 (the Development Agreement), by and between the City and the Oak Glen Development Company (the Company), and the related Guaranty dated October 6, 1981 (the GuarantY)j by and among the City and the following individuals: David S. Johnson, o. Walter Johnson, K. F. Carter, Robert C. Mogren and Gerald S. Mogren (the Guarantors). II. IMPROVEMENT BONDS, SERIES 1984A: Principal and interest on the outstanding Series 1984A Bonds come due as shown in the attached Exhibit A. Moneys in the Series 1984A sinking fund which are available for payment of such principal and interest are discussed in Section IV, 1 of my Memorandum dated February 19, 1990, a copy of which is attached as Exhibit B. The annual sinking fund deficit of approximately $550,000 which could develop for the period February 1, 1991 through February 1, 1994, if the City does not purchase the Golf Course or the Oak Glen Development Company fails to sell additional lots with respect to which it would have to pay both delinquent special assessments and taxes and the remaining balance of special assessments, could possibly be temporarily met from the following sources: (a) surpluses in other improvement bond debt service funds of the City; (b) proceeds of refunding bonds issued by the City; (c) funds provided by the guarantors under the Guaranty dated October DORSEY & WHITNEY A IJAH'1'Slo:HSIIIP lSl'I.L'IUSH PHO"'E.~IO:"Oi\l.('OtH>('H,\TIt)SS 6, 1981; (d) delinque tax payments Oak Glen in order to preserve or (f) some combinati t special assessment and ad valorem mortgage holders may be forced to make heir security; (e) ad valorem tax levies; n of the foregoing. 1. Excess Refunding. Springsted Incorporated, with the help of the Finance Director, is preparing a report which will d'scuss sources (a) and (b). With respect to refunding, it woul be legally possible to do any of the following: (a) the years 1991 throug prior to its due date $175,000 on 2-1-93 an (b) advanc on or about October 1 (c) before October The effect of each of to some extent, the d in the February 1, 19 thereby lessening the sources designated ab each of these refundi as economically feasi point of view. The e will be discussed by to the Council. each annual maturity coming due in 1994 within ninety (90) days immediately ($145,000 on 2-1-91, $160,000 on 2-1-92, $190,000 on 2-1-94); refund the 1991 through 1994 maturities 1990; or the entire Series 1984A issue on or these refundings could be to reduce, bt service that would have to be paid 1 through February 1, 1994 period, need to provide funds from the other ve to pay such debt service. However, gs has a "cost" to it and may be viewed Ie or uneconomic, depending upon your fect and cost of each refunding plan pringsted Incorporated in its report 2. Guarant r Advances; Delinquency Payments. Sources (c) and (d) d scribed above (payments from guarantors or mortgage holders) ave to do with matters discussed in more detail in part I I of this Memorandum. For purposes of this part of the M morandum suffice it to say with respect to (c) that, if the G arantors are sued by the City to pay delinquent special as essments and ad valorem taxes, possibly they would prefer to nnually advance to the City moneys sufficient, with othe available funds, to allow the City to avoid a tax levy w'th respect to the Series 1984A Bonds for the February 1, 1 91 through February 1, 1994 period. They could be reimbur ed when and if the delinquent special assessments and taxes were received by the City. Of course, the Guarantors may be unwilling to do so, and it appears that the only Guarant rs with adequate means to do so are Robert Mogren and Ger ld Mogren. A 1'.\f(T:o.:..:WSIIII' l~(,I.l.tH:'\'(; I)HtWl-:....sttl:-;.\I. {'OHI'OH.\'I'ltl:-';S DORSEY & WHITNEY 2 ~ e e e e e e with respect to source (d), creditors of Oak Glen Development Company having a mortgage on the residential property and the golf course will have to pay 1987 delinquent City taxes and special assessments in May of 1991, 1988 delinquent City taxes and special assessments in May of 1992, and 1989 delinquent City taxes and special assessments in May of 1993, in order to preserve their rights in the property. The delinquent amounts are $163,825.61 for 1987, $423,233.97 for 1988, and $452,801.51 for 1989, plus penalties and interest. An analysis of all delinquent special assessments and taxes, prepared by Springsted Incorporated, is set forth in the attached Exhibit C. Amounts collected in each of the years 1991 and 1993 could be used to reduce levies that would otherwise have to be made in October of those years to pay debt service corning due in the following year. However, a tax foreclosure sale in 1990 with respect to delinquent 1989 special accounts and taxes may be indefinitely delayed if the Company files for protection under Chapter 11 of the Federal Bankruptcy Code; and there is some possibility that all delinquent special assessments and taxes would not be paid to protect the mortgage lien. For example, the first mortgage holder could decide not to redeem the residential lots but only the golf course, since the golf course has little or no special assessments, a relatively small amount of taxes and a substantial collateral value. However, it is difficult to predict what the mortgage holders would do. 3. Ad Valorem Taxes. Source (e), ad valorem taxes, could be levied to make up an~ deficiency in the other sources to pay debt service, and such taxes would not be subject to any limitation as to rate or amount. The City's general fund could be reimbursed for these tax levies from collections of delinquent special assessments and taxes when received, thereby giving the City an opportunity to reduce future general fund levies. III. CITY ENFORCEMENT ACTIONS: 1. Collection of Delinquencies; State Law. Delinquent special assessments and ad valorem taxes represent, in effect, a first and prior lien on the real estate on which they are levied. Under state law delinquent special assessments and taxes are collected through the tax sale procedure briefly outlined in the memorandum attached hereto as Exhibit D. Under state law the type of property in question here would be subject to redemption from a tax sale by its owner or a mortgage holder for a three-year period. Thus, as indicated DORSEY & WHITNEY 3 ,\ P.U~'l':-';":H~IIl" l""t'l.l'I)j~O PWOF..:.........1I0:O';:\1.l'OHI'OH.\TlO....S above, taxes due in 1 87, with respect to which a tax sale was held in May of 19 8, would have to be redeemed in May of 1991. Penalties a d interest which accrue, as indicated ln Exhibit C, would a so have to be paid. e 2. Com any Litigation. Under the Development Agreement, among othe things, Oak Glen Development Company promised to: (a) pay 0 the City, when due, all special assessments and inter st due with respect to the public improvements financed by th~ Series 1984A Bonds; (b) establish and maintain a one-ye r reserve fund for the payment of the Series 1984A Bonds; a d (c) pay expenses incurred by the City with respect to efaults under, and the enforcement of its rights under, he Development Agreement. Litigation could be commenced to enforce the Development Agreement against the Company, but in v'ew of its financial condition no actual recovery against it w uld be likely. This and the actions of other creditors to collect indebtedness owed them by the Company would almost ertainly force the Company into bankruptcy. 3. Guarant Guarantors, jointly a to pay, when due, all under the Development suit against any or a amounts owed by the C paragraph. Under the to provide to the Cit ten days after it is were requested and re Under the Guaranty th directly against the against or exhausting To the extent a judgm for delinquent specia the same amounts coul IV. MORTGAGE The residen the Oak Glen Developm first mortgage in the in favor of the IDB b the amount of approxi in favor of three loc is believed to be gua David Johnson but exc Presumably the first mortgage by action as and sue on the person DORSEY & WHITNEY '-\'!)ART:,,\..:WSJIIP IS('I.I"UI;\:U PRO"'''::HHI()S''I~C.'OH:I"UHATIOSS r Litigation. Under the Guaranty the d severally, covenanted and agreed amounts owed to the City by the Company Agreement. Thus, the City can bring 1 of the individual Guarantors to collect mpany as outlined in the preceding Guaranty each Guarantor is obligated a current financial statement within equested by the City. Financial statements eived from most Guarantors in 1988. City is given the right to proceed uarantors without first bringing suit other remedies against the Company. nt is obtained against a Guarantor assessments and taxes, recovery of not be had in a tax sale proceeding. e NT: ial property and the golf course in nt are subject to two mortgages -- a amount of approximately $3,000,000 nd trustee, and a second mortgage in ately $1,650,000 (plus past due interest) 1 banks. The mortgage indebtedness anteed by certain individuals, including uding Robert Mogren and Gerald Mogren. ortgage holder would foreclose its described in the attached Exhibit E 1 guaranty for any deficiency. e 4 e e e The mortgage holder might also seek to have a receiver appointed to take control of both the residential real estate and the golf course. V. BANKRUPTCY MATTERS: At some point, presumably in order to prevent a receiver from being appointed and losing control of the residential property and the golf course, the Oak Glen Development Company would seek protection from its creditors under Chapter 11 of the Federal Bankruptcy Code. Chapter 11 is generally employed where the actual value of assets is estimated to exceed liabilities, but current indebtedness cannot be paid until assets are liquidated. One purpose of a Chapter 11 proceeding is to protect the debtor from creditors so it can formulate and, once approved by the Bankruptcy Court, execute a plan of reorganization or orderly liquidation of assets needed to meet liabilities. Under Chapter 11 a debtor is often allowed to stay in possession of its "estate" and to operate it, absent any showing that this may prejudice creditors; and an automatic, indefinite stay of actions against the debtor would take effect and remain in effect until lifted by the Bankruptcy Court. This would delay foreclosure of the mortgages and the real estate tax sale procedure with respect to 1989 delinquencies. Enforcement of the mortgages and the tax sale could proceed only with the approval of the Bankruptcy Court. A Chapter 11 filing, or the filing of a bankruptcy petition under Chapter 7 of the Federal Bankruptcy Code, may be taken by any individual Guarantor who is proceeded against by the City under the Guaranty if the Guarantor has insufficient liquid assets to meet its current liabilities (Chapter 11) or if the Guarantor's liabilities exceed its assets (Chapter 7). In either case an indefinite stay of various legal actions against the debtor would take effect and remain in effect until lifted by the Bankruptcy Court. 5 DORSEY & WHITNEY A l)AKT;";~N:SIIlP ISl'Ll-!HStl PHOfo'''~IOSAL ('(H"P(JHATIU:O;~ EXHIBIT A . stillwater, Minnesota Prepared: 11/15/82 G.O. Improvement Bonds, Seri s 1984A By SPRINGSTED Incorpor. Remaining Debt Service Schedule A Date Principal Rate Interest Semi-Annual Annual 08/01/89 215,321.25 215,321.25 02/01/90 130,000.00 8.100% 215,321.25 345,321.25 560,642.50 08/01/90 210,056.25 210,056.25 02/01/91 145,000.00 8.300% 210,056.25 355,056.25 565,112.50 08/01/91 204,038.75 204,038.75 02/01/92 160,000.00 8.500% 204,038.75 364,038.75 568,077.50 08/01/92 197,238.75 197,238.75 02/01/93 175,000.00 8.700% 197,238.75 372,238.75 569,477.50 08/01/93 189,626.25 189,626.25 02 01 94 190 000.00 8.900% 189,626.25 379,626.25 569,252.50 08/01/94 181,171.25 181, 1.25 02/01/95 205,000.00 9.100% 181,171.25 386,171.25 567,342.50 08/01/95 171,843.75 171,843.75 02/01/96 225,000.00 9.250% 171,843.75 396,843.75 568,687.50 08/01/96 161,437.50 161,437.50 02/01/97 250,000.00 9.400% 161,437.50 411,437.50 572,875.00 08/01/97 149,687.50 149,687.50 02/01/98 270,000.00 9.500% 149,687.50 419,687.50 569,375_ 08/01/98 136,862.50 136,862.50 02/01/99 300,000.00 9.600% 136,862.50 436,862.50 573,725.00 08/01/99 122,462.50 122,462.50 02/01/2000 325,000.00 9.700% 122,462.50 447,462.50 569,925.00 08/01/2000 106,700.00 106,700.00 02/01/2001 355,000.00 9.800% 106,700.00 461,700.00 568,400.00 08/01/2001 89,305.00 89,305.00 02/01/2002 390,000.00 9.900% 89,305.00 479,305.00 568,610.00 08/01/2002 70,000.00 70,000.00 02/01/2003 430,000.00 10.000% 70,000.00 500,000.00 570,000.00 08/01/2003 48,500.00 48,500.00 02/01/2004 470,000.00 10.000% 48,500.00 518,500.00 567,000.00 08/01/2004 25,000.00 25,000.00 02/01/2005 500,000.00 10.000% 25,000.00 525,000.00 550,000.00 Totals 4,520,000.00 4,558,502.50 9,078,502.50 9,078,502_ Bond Years: A vg. Mat..: NI C. . . . . . . : 46,760.00 10.345 9.749% EXHIBIT B IV. City'S ImDrovement Bond Debt Service Fund: e 1. Condition of Fund. After payment of debt service due on the City's Improvement Bonds, Series 1984A on February 1, -1990, the City had $235,000 on hand for payment of debt service coming due on the Improvement Bonds on August 1, 1990. Assuming no additional lot sales in 1990, this amount would grow to approximately $245,000 by August 1 and would be sufficient to pay the $210,056.25 of interest coming due on the Improvement Bonds on that date. Debt service on the Improvement Bonds coming due during the period February 1, 1991, through August 1, 1993, the last interest payment date before such bonds could be refunded, is as follows: Yearly Total 2-1-91 8-1-91 2-1-92 8-1-92 2-1-93 8-1-93 $355,056.25 ] 204,038.75 ] 364,038.75 ] 197,238.75 ] 392,238.75 ] 189,626.75 ] - - - $559,095.00 $561,377.50 $581,865.50 e If no lot sales are made and the Golf Course is not purchased, until such time in the legal process as the mortgage holders find it necessary to pay delinquent taxes and special assessments in order to prevent their losing the property, the City would have to provide for the payment of the debt service from other sources. The primary source would be ad valorem taxes levied on all taxable property in the City. The City's total ad valorem tax levy for 1990 was $3,325,277. If the City levied the full amount of $550,000, it would represent a 16-17% increase; and the City's Finance Director estimates that this would result in a tax increase ranging from $85 - $130 for houses ranging in value from $80,000 to $100,000, respectively. If the Golf Course is purchased, the U.S. Homes sale is completed, all delinquent taxes and special assessments are paid in full, and all remaining special assessments on the U.S. Homes sale lots are paid, the City's Improvement Bond, Series 1984A Debt Service Fund would be in excellent condition, no tax levy would be necessary in the next few years, and very possibly no tax levy would ever be required to be made for the Improvement Bonds. This is illustrated by the computations set forth in the attached Exhibit F. It is difficult to say what the ultimate impact of a sale of the Golf Course for the $4,561,673 purchase price would be, but no tax levy would be required for the next several years, especially if the U.S. Homes lot sale were completed. e .2;~EIBIT C City of Stillwater, Minnesota Oak Glen Develop.ent Allocation of Deliquent Taxes, As ess.ents, Penalties and Interest Page 5 e TAXES C1t County ISO 834 916 Other Total ................ ..---.......... ...............- ......--..--.. .........---- 1987 Mill Rate 11.31 28,637 54.083 1.396 1.525 96.958 Taxes 7,049,2 17,837,76 33,687,87 869.56 949.91 60,394.37 1988 Mlll Rate 11. 11 28.407 54,320 2.147 1.691 97,677 Taxes 16,675,5 42,629.91 81,517.11 3,221,97 2,537.66 146,582.23 1989 LC. Rate 24.01 20.931 49.666 1,605 3,949 1 00 . 167 Taxes 46,243.1 40,302.92 95,632.55 3,090.45 7,603.85 192,872.90 ASSESSMENTS .. .. .. .. .. .. .. .. .. .. .. 1987 156,776. 156,776.34 1988 406,558.3 406,558,38 1989 406,558.3 406,558.38 e INTEREST & PENALTIES --...................---....--- Assessments (70,8%) Interest 51,419,3 51,419.37 PenalUes 99,658.51 99,658.51 Taxes(29,2%) Interest 1 0 , 599. 11 10 , 599. 11 21,198.22 PenalUes 20,542,67 20,542,67 41,085.34 FEES County 1,540.00 1,540.00 Waste Management 5,064.80 5,064,80 .. .. .. .. .. .. .. .. .. .. .. ................... ................... ................... --............. ...................... Totals 1 , 1 90 , 938 . 9 138,517.17 241,979.31 7,181. 97 11,091.42 1,589,708.84 Note: May be adjusted to include ew interest after 1-1.1990. e e e e EXHIBIT 0 MEMORANDUM TO: Thomas S. Hay FROM: James 1. Chosy DATE: February 26, 1990 City of Stillwater IOak Glen CLIENT: RE: Delinquent Real Estate Taxes Statements of real property taxes due are mailed to property owners not later than April 15 (for taxes payable in 1990 and thereafter) of the year following certification of the levy. Minn. Stat. Ann. 9276.04(3) (West 1989) (as amended by Laws 1989, Special Session, chapter 1). Two equal payments of taxes are due on or before May 15 and October 15 of the collection year. See Id. at 9 279.01. If payment is not made as of these dates, a penalty accrues, which, depending on the type of property, increases from 3% on Hie date of delinquency to 12% on December 16 of the collection year. rd. Property taxes not paid by the first business day in January of the year after which they are payable are deemed delinquent. rd. 9279.02. Delinquencies are subject to an additional penalty of 2% on the amount of original tax remaining. Id. Interest must also be paid on delinquent property taxes at the rate determined pursuant to Section 549.09. rd. 9 279.03. Section 549.09 states that interest is to be computed as simple interest per annum, the rate being based on the secondary market yield of one year United States treasury bills, calculated on a bank discount basis as provided in the section. Property tax delinquencies outstanding as of February 15 are listed and filed with the district court. rd. 9 279.05. On or before March 20, the county auditor publishes notice and a list of delinquent taxpayers in a designated local newspaper. and mails the same to the taxpayers. rd. 99 279.09, .091. If no answer is made to the published notice, judgment is entered against the delinquent property. rd. 9 279.16. Those responding to the notice have their disputes settled by trial as provided in Section 279.17. DORSEY & WHITNEY .\ 1'.\I(T'l-.H!'oollll' 1:-'1'1.1 .P.....; 1.1(1Il-...l"i""ll....,\I. (', IUI'Ok:\TlI"", On the second on day in May property against which judgment has e been entered and remains u satisfied is treated as land bid in for the state. Id. 9280.001. Such property is h ld by the state until it is either redeemed or forfeited to the state upon expiration of the redemption period. The redemption period for land within a city is generally thr e years from the date of sale to the state; however, the redemption period is five y ars for non-agricultural homesteaded land, homesteaded agriculturalla d, or seasonal recreational land. Id. 9281.17. Upon expiration of the redemptio period, absolute title to unredeemed parcels vests in the state. Id. 9281.18. The st te then sells these parcels at auction pursuant to Chapter 282. The net proceeds of sal are first dedicated to the payment of outstanding special assessments on the parcels, ith any remaining amount, in most cases, being divided as follows: (a) 20% t the city, (b) 40% to the county, and (c) 40% to the school district. e -2- e DORSEY & WHITNEY .\ P,\I-lT'I-.H'III\' l't"1.1 IIl'l. 1'1(111- .........11.' .\1. l'ukl'UI(,\ I'Il1...... EXHIBIT E e MINNESOTA BRIEF AND SUMMARY OUTLINE OF MINNESOTA MORTGAGE FORECLOSURE PROCEDURES Revised: 12/1/88 I. Two Available Methods: A. Foreclosure by Advertisement: (Non Judicial) Minn. Stat. Ch. 580. See also Minn. Stat. Chapters 582 and 583. 1. First Step: Mortgagee signs Power of Attorney authorizing designated attorney to foreclose subject mortgage by adver- tisement. Record Power. e 2. Second Step: Prepare Notice of Foreclosure describing default and scheduling and giving notice of sale approximately 8 to 10 weeks from date Notice of Foreclosure ,is prepared. The Notice of Foreclosure is used for (i) recording (in limited instances), (ii) publication in legal newspapers in County, once a week for 6 or 8 weeks prior to sale, as applicable, (iii) service upon mortgagor, ,parties in possession, and affected parties not later' than 4 weeks prior to sale, or 8 weeks prior to sale, as applicable. During this period, and up to the date of the foreclosure sale, the mortgagor can reinstate the loan by curing defaults, bringing loan current and paying statutorily prescribed attorneys' fees and costs. 3. Third Step: Foreclosure sale is held by County Sheriff on date designated in Notice of Foreclosure. A Sheriff's Certificate is prepared for the sale, and is used to document the sale. Normally, the Mortgagee bids in his debt at the sale, and purchases the Mortgaged Property at the sale subject to the Mortgagor's Redemption Rights, and to subordinate creditors' redemption rights. A claim for a deficiency can, in some cases, be bid if the security is inadequate and if the 12 month owners' periods of redemption described at 4 below is applicable. The Completed Sheriff's Certificate must be recorded within the 20 day period following the sale. NOTE: If the property to be foreclosed by action or advertisement is agricultural property, there are additional notice, mediation, alternative reinstatement and redemption, first refusal, deficiency judgment, corporate farming, homestead designation, marshalling and other foreclosure requirements, concerns and considerations which produce significant additional delays, expenses and complexity, and these have generally not been addressed in'this outline. tit NOTE: If the property 0 be' foreclosed by action or advertisement is or includes homestea property, there are additional pre foreclosure ~ notice, notice, al ernative reinstatement and redemption, marshalling, ,., homestead designat on and other foreclosure requirements, concerns and considerat:ions which produce some additional delays, and these have generally not been addressed in this outline. 4. Fourth Ste: Mortgagor's Period of Redemption of either 6 months or 12 months (depending on the criteria stated in Minn. Stat. 9 5 0.23) must expire. This period of redemption starts to run 0 the date of the foreclosure sale (Step 3 above). During th owner I s period of redemption, the Mortgagor will have the right to continue to use the Mortgaged Property, unless th Mortgagor has successfully reached the Mortgagor's possessor rights by separate proceeding, or self help, under Minn. Sta . 9 576.01, Subd. 2, Minn. Stat. 9 599.17, or in the case of bandonment or extreme waste of the security and in the abse ce of significant contest, under other available statutes. During the owner's redemption period, the owner may redeem th Mortgaged Property by paying the amount bid at the foreclosu e sale (Step 3 above) plus interim interest from the date of t foreclosure sale, at the Note rate, plus legal and other prescribed and allowed by statute and/or case law. 5. Fifth S creditor the owne does not Redemption by eligible subsequent secured y occur during 5 day intervals after expiration of 's period of redemption (Step 4). This possibility sually create significant delay. e 6. Sixth St Obtain possession of Mortgaged Property, if not previousl obtained, or voluntarily surrendered. Summary procedure are available. In the case of registered land, a very sim Ie and inexpensive Torrens proceeding subsequent must be broug t after the expiration of applicable redemption periods, to perfect the Mortgagee's title to the Mortgaged Property. 7. Total Elapsed Time. Under ideal circumstances 9 to 10 months. Add 6 months if 12 month period of redemption is applicable. Add substantially more time if the Borrower effectiv ly contests the proceeding and/or if agricultural property is being foreclosed. 8. Advantag s. (a) Under ideal uncontested circumstances, perhaps months faster than uncontested Foreclosure by Action describe below. (b) Attorneys' fees, based on time, should in uncontested foreclosures by advertisement, average less than 50\ of the attorneys' fees for uncontested Foreclosure by Action. (c) Considered somewhat less likely to invite Mortgago defense. e e 9. Disadvantages. (a) The procedure lacks the advantage of court approval by findings and conclusions of law supporting the key steps in the foreclosure process. This creates some risk of an after-the-fact attack on the foreclosure which if success- ful, could move all of the timetables back substantially. If a deficiency judgment amount is available, and bid, for example, the amount of the underbid could be challenged as inequitably lower than the value of the security. The sufficiency of notice and compliance with the detailed statutory requirements could be successfully attacked on technical grounds. The procedure al so lacks opportunity for judicial implementation in the context of the same proceedings of (i) deficiency judgment decrees, (H) parallel remedies (i. e., assignment of lease and rents and guaranty enforce- ment), and (iii) curative orders to solve special problems that may be created by the loan documents or by the security, as part of the foreclosure proceedings, since such relief would have to be obtained by a separate court decree. 10. Practice. Foreclosure by Advertisement is widely used in Minnesota, especially for smaller loans ,loans in which a deficiency judgment is not available, or not pursued, loans where collateral remedies are not pursued and loans which appear to be relatively clean and simple. e B. Foreclosure by Action (Judicial Minn. Stat. Ch. 581. See also Minn. Stat. Chapters 582, 583 and 550. 1. First Step. Designated attorney prepares Summons and Complaint and Notice of Lis Pendens. Necessary defendants are any parties having an ownership interest in the premises, subsequent secured creditors and parties in possession (including . tenants) whose possessory rights the mortgagee wants to 'bar through foreclosure, and also any parties who do not have an interest in the premises but against whom the mortgagee has a right to and wants to obtain personal judgment. 2. Second Step. Serve all defendants and all unknown parties in possession of the premises whose possessory rights the mortgagee would want to bar, with a copy of the Summons and Complaint. File original Summons and Complaint, together with affidavits of service (including an affidavit as to who was in possession of the premises), in the district court in which the action is venued. File Notice of Lis Pendens in the county in which the premises are located. Each defendant has twenty (20) days after the date of service of the Summons and Complaint upon him to answer the same. 3. Third Step. Assuming no answers are received, determine and e set cour hearing date. Prepare necessary documents for hearing (note of issue; affidavits of no answer, of identity, ~ of military status, of costs and disbursements, and of amount due; pro sed findings of fact, conclusions of law, and order .for judg ent; proposed judgment and decree), and send them to the cler of court by the time required by local practice (usually everal days prior to the hearing). 4. p. Attend hearing and prove and establish the facts the mortgagee bases its foreclosure action. A and competent witness will have to testify to the facts. ssuming no difficulty, the judge will sign the findings of fact, conclusions of law, and order for judgment, and the clerk of court will enter the judgment and decree. 5. Fifth St p. Once judgment and decree has been entered, prepare otice of foreclosure sale and have sheriff serve same, tog ther with a copy of a certified copy of the judgment and decr e, upon all defendants. The notice of sale also has to be pu lished once each week for six (6) weeks prior to the sale, and the notice of sale also has to be posted for six (6) weeks pr'or to the sale. With respect to the posting requireme t, it also should be noted that posting cannot take place pr or to personal service. In order to assure that personal service will be completed and that posting will still occur at le=~t six (6) weeks prior to the sale, it is advisable to set a sale date in the notice at least eight (8) weeks af er the notice will be sent to the sheriff for personal service. e 6. Sixth St Sheriff conducts foreclosure sale. Prior to the sale the ortgagee should determine the amount of its bid, and the mort agee's designated attorney should prepare a proposed report 0 sale, a proposed order confirming sale, and a proposed sheriff I s certificate of sale. After the sale, the sheriff xecutes the report of sale, and this is filed with the cler of court. The order confirming sale is then signed by the j dge (this can be done ex parte if no other parties have ap ared in the foreclosure action. If parties have appeared, it is necessary to bring a motion to have the sale approved by the court, and this motion would delay confirma- tion app oximately seven (7) to ten (10) days). The order confirmi g sale is filed with the clerk of court. . Once confirma ion has occurred, evidence of this should be given to the sherff, who at that time will execute his certificate of sale. T e certificate of sale, together with a certified copy of the j dgment and decree of foreclosure, is then filed with the coun y recorder or the registrar of titles, as the case may be, f the county in which the premises are located. The certific te of sale must be recorded within twenty (20) days e after confirmation of the sale. e 7. Seventh Step. Obtain possession of the premises. discussion above regarding this point. See 8. Redemption Rights of Owner and Subsequent Secured Creditors. Same as in foreclosure by advertisement, except that owner's redemption period (whether six (6) or twelve (12) months) is computed from the date of the order confirming sale, and except that maximum accrual of interest during redemption period may be 8\. 9. Reinstatement Rights; Deficiency foreclosure by advertisement; note effected at any time prior to sale decree. Judgment. Same as in that reinstatement can be rather than judgment and 10. Elapsed Time. Assuming no answers are received, foreclosure by action takes approximately two (2) months longer than fore- closure by advertisement. If foreclosure is contested effectively, singificant delays can be expected. 11. Advantages and Disadvantages. These should be apparent from the discussion of the advantages and disadvantages of fore- closure by advertisement. e e ~ ACity of Stillwater, Minnesota ""Oak Glen Development Prepared: 01-Mar-90 Springsted Incorporated TABLE OF CONTENTS Page 1 - Discussion of Methodology - Scenarios and assumptions Page 2 - Guide to cash flow worksheet projections Page 3 - Scenario A - Current refunding - No tax levy Page 4 - Schedule A - Required financing in 1994 Page 5 - Scenario A-I - Current refunding - $100,000 annual tax levy Page 6 - Schedule A-I - Required financing in 1994 Page 7 - Scenario A-2 - Current refunding - $188,000 annual tax levy Page 8 - Scenario B - Refund 1991-1993 Principal - No tax levy Page 9 - Schedule B - Required financing in 1994 Page 10 - Scenario B-1 - Refund 1991-1993 Principal - $100,000 annual tax levy Page 11 - Schedule B-1 - Required financing in 1994 Page 12 - Scenario B-2 - Refund 1991-1993 Principal - $200,000 annual tax levy Page 13 - Scenario C - Refund 1991-2005 Principal - No tax levy Page 14 - Schedule C - Required financing in 1994 Page 15 - Scenario C-l - Refund 1991~2005 Principal - $100,000 annual tax levy e Page 16 - Schedule C-l - Required financing in 1994 Page 17 - Scenario C-2 - Refund 1991-2005 Principal - $220,000 annual tax levy Page 18 - Summary of Tax Impacts e .. City of Stillwater, Minnesota e Oak Glen Development METHODOLOGY I. Scenarios There are three basic scenarios which have been explored: (A) Undertake to finance the original debt service to the call date by using available City Funds, external borrowings as required, tax levies or any combination of these sources. (B) Refund only the 1991-1993 original principal payments to reduce the annual costs and fund the new debt service from the same sources as (A) above. (C) Refund all of the outstanding (1991-2005) original principal payments to reduce the annual costs and fund the new debt service from the same sources as (A) above. I(a). Each scenario was then adjusted to reflect a City-wide annual tax levy in the years 1990-1992 in amounts of $0 (for (A),(B) and (C); $100,000 for (A-1),(B-1) and (C-1) and whatever was necessary to end with a zero balance as of 2-1-1994 (A-2),(B-2) and (C-2). I(b). A bond issue in 1994 was structured to refund the ending balances on 2-1-1994 of each scenario and amortized over the remaining original period of 1995-2005 for (A),(B) and (C) and at the approximate level of $100,000 for (A-l),(B-l) and (C-1). e II. Assumptions (a) Fund balance as of 8-1-1990 is $300,000. (b) No lots will be sold between now and the end of 1993. (c) No assessments or back taxes will be paid between now and the end of 1993. (d) On or about 2-1-1994 all de1iquent assessments will be paid. (e) On or about 2-1-1994 all lots will be sold and all remaining assessment principal will be paid. (f) Any temporary borrowing, whether internal or external, will be refunded or paid on 2-1-1994. (g) The original issue will be called on 2-1-1994. (h) Refundings of scenarios B & C will occur on October 1, 1990. (i) Both refunding options bond for the maximum permitted 10% extra to help fund the escrow account. e - 1 - e City of Stillwater, Minnesota Oak Glen Development GUIDE TO CASH FLOW WORKSHEET PROJECTIONS (SCENARIOS A,B & C) Column 1 Semi-annual debt service dates through the first call date of 2-1-1994. Column 2 The city's projected fund balance on 8-1-1990 will be $300,000. This amount will be reduced to $291,000 for scenario Band $183,000 for scenario C, the difference needed to fully fund the escrow account. Column 3 The actual debt service payments on the original bonds (A), or the projected debt service after the refundings for (B) & (C). Column 4 Required payments to meet debt service after fund balance is spent, either through internal or external borrowings. This column includes the interest cost of these borrowings as calculated in column 6. This assumes internal borrowings would also pay interest. Column 5 A city-wide tax levy beginning in 1990. e Column 6 Interest calculated on the borrowings in column 4 plus the principal as of 2-1-1994. Column 7 The ending balance required to be financed an 2-1-1994 (Column 3 minus columns 4&5 plus column 6). The ending amount shown in column 7 (2-1-1994) is reduced by payments of deliquent assessments, prepaid outstanding assessments and current penalties and interest. This results in the net amount which must be refinanced with a bond issue on 2-1-1994. e -2- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario A Fund Loans Original or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 300,000 210,056 0 0 2-1-91 89,944 355,056 265,112 0 8-1-91 0 204,039 213,318 0 2-1-92 0 364,039 380,784 0 8-1-92 (0) 197,239 227,311 0 2-1-93 (0) 372,239 410,267 0 8-1-93 0 189,626 242,014 0 2-1-94 0 4,099,625 0 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Total Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969,892 1. 360,384 229,360 Total at 12-31-93 2.559.636 (b) Principal Outstanding at 12-31-93 258 S.F. . $8,522.54 70 T.H. . $5,296.06 2.198.815 370.724 Total Outstanding 2,569,539 Loans or Refunding D/S @7% (6) 9,279 16,745 30,072 38.028 52.388 1 ,799 . 665 5,899,290 (2,559,636)(a) (2,569,540)(b) (151. 000) 619,114 16,211 9,675 645.000 ---------- ---------- Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (89,944) o (0) o o (0) (0) 5,899.290 * ASSUMPTI ONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e - 3- city of Stillwater, Minnesota prepared March 1, 1990 Oak Glen Development By SPRINGSTED Incorporated Refunding on Feb. 1,1994 tted: 2- 1-1994 SCHEDULE A Mature: 2- 1 Total Year of Year of Principal 105\ Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5 ) (6) (7) 1993 1995 40,000 6.00\ 41,855 81,855 85,948 1994 1996 45,000 6.10\ 39,455 84,455 88,678 1995 1997 50,000 6.20\ 36,710 86,710 91,046 1996 1998 50,000 6.25\ 33,610 83,610 87,791 1997 1999 55,000 6.30\ 30,485 85,485 89,759 1998 2000 55,000 6.40\ 27,020 82,020 86,121 1999 2001 60,000 6.50\ 23,500 83,500 87,675 2000 2002 65,000 6.60\ 19,600 84,600 88,830 2001 2003 70,000 6.70\ 15,310 85,310 89,576 2002 2004 75,000 6.80\ 10,620 85,620 89,901 2003 2005 80,000 6.90\ 5,520 85,520 89,796 TOTALS: 645,000 283,685 928,685 975,121 Bond Years: 4,285.00 '-'g. Maturity: 6.64 ~g. Annual Rate: 6.620\ N.I.C. Rate: 6.846\ Annual Interest: Plus Discount: Net Interest: 283,685 9,675 293,360 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. e - 4- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario A-I Fund Loans Original or D/S City Wide Beginning D/S Refunding Tax Date Ba lance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 300,000 210.056 0 0 2-1-91 89.944 355.056 265.112 0 8-1-91 0 204.039 163.318 50.000 2-1-92 0 364,039 329,034 50.000 8-1-92 (0) 197,239 173,750 50,000 2-1-93 (0) 372,239 354,831 50.000 8-1-93 0 189,626 184,638 50,000 2-1-94 0 4,099.625 50,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Tota 1 Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57.340) x 4 yrs 969,892 1. 360.384 229,360 Total at 12-31-93 2.559,636 (b) Principal Outstanding at 12-31-93 258 S.F. . $8,522.54 70 T.H. . $5.296.06 2.198,815 370,724 Total Outstanding 2,569.539 Loans or Refunding D/S @ 7% (6) 9,279 14.995 26.511 32,592 45.012 1. 522 ,157 5,571,782 (2,559,636)(a) (2,569,540)(b) (151. 000) 291. 606 13.7 44 4.650 310,000 ========== Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (89.944) o (0) o o (0) (0) 5,571.782 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e - 5- city of Stillwater, Minnesota .Oak Glen Development Refunding on Feb. 1,1994 ~ed: Mature: 2- 1-1994 2- 1 Year of Year of Levy Mat. Principal Rates (1 ) (2) (3) (4) 1993 1995 70,000 6.00\ 1994 1996 75,000 6.10\ 1995 1997 80,000 6.20\ 1996 1998 85,000 6.25\ TOTALS: 310,000 Bond Years: Avg. Maturity: Avg. Annual Rate: N.I.C. Rate: 800.00 2.58 6.185\ 6.767\ Annual Interest: Plus Discount: Net Interest: 49,482 4,650 54,132 Prepared March 1, 1990 By SPRINGSTED Incorporated SCHEDULE A-1 Total Principal 105\ Interest & Interest of Total (5) (6) (7 ) 19,048 89,048 93,500 14,848 89,848 94,340 10,273 90,273 94,787 5,313 90,313 94,829 49,482 359,482 377,456 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. e e - 6- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario A-2 Fund Loans Original or D/S Ctty Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 300.000 210.056 0 0 2-1-91 89,944 355,056 265,112 0 8-1-91 0 204.039 119,318 94,000 2-1-92 (0) 364.039 283,494 94.000 8-1-92 0 197,239 126,616 94,000 2-1-93 (0) 372,239 306,048 94,000 8-1-93 (0) 189.626 134.147 94.000 2-1-94 0 4,099,625 94,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Tota 1 Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969.892 1. 360,384 229,360 Total at 12-31-93 2.559,636 (b) Principal Outstanding at 12-31-93 258 S.F. . $8,522.54 70 T.H. @ $5,296.06 2,198,815 370,724 Total Outstanding 2.569.539 Loans or Refunding D/S @ 7% (6) 9.279 13,455 23,377 27.809 38.521 1.277 ,951 5.283.576 (2.559.636)(a) (2.569.540)(b) (151.000) 3,400 (3.400) o o Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (89,944) o o (0) o o (0) 5,283.576 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e - 7- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario B (Refunds 1991-1993 Principal) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 291,000 210.056 0 0 2-1-91 80.944 189,625 108,681 0 8-1-91 0 218.603 222,407 0 2-1-92 (0) 207.011 218.599 0 8-1-92 0 207,011 226,250 0 2-1-93 0 207.011 234,169 0 8-1-93 0 207,011 242.365 0 2-1-94 (0) 4,642,011 0 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less De1iquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Total Issue (a) De1iquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969,892 1. 360.384 229.360 Total at 12-31-93 2,559.636 (b) Principal Outstanding at 12-31-93 258 S.F. @ $8,522.54 70 T.H. @ $5.298.06 2,198,815 370,724 Total Outstanding 2,569,539 Refunding D/S @ 7% (6) 3,804 11 , 588 19,239 27,158 35.354 1.296,307 5,938,318 (2.559,636)(a) (2,569,540)(b) (151. 000) 658.142 16,583 10.275 685.000 ---------- ---------- Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (80,944) o o (0) (0) (0) o 5,938,318 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e - 8- city of stillwater, Minnesota Prepared March 1, 1990 'Oak Glen Development By SPRINGSTED Incorporated Refunding on Feb. 1,1994 ~ed: 2- 1-1994 SCHEDULE B Mature: 2- 1 Total Year of Year of Principal 105\ Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5 ) (6) (7 ) 1993 1995 45,000 6.00\ 44,463 89,463 93,936 1994 1996 45,000 6.10\ 41,763 86,763 91,101 1995 1997 50,000 6.20\ 39,018 89,018 93,469 1996 1998 55,000 6.25\ 35,918 90,918 95,464 1997 1999 55,000 6.30\ 32,480 87,480 91,854 1998 2000 60,000 6.40\ 29,015 89,015 93,466 1999 2001 65,000 6.50\ 25,175 90,175 94,684 2000 2002 70,000 6.60\ 20,950 90,950 95,498 2001 2003 75,000 6.70\ 16,330 91,330 95,897 2002 2004 80,000 6.80\ 11,305 91,305 95,870 2003 2005 85,000 6.90\ 5,865 90,865 95,408 TOTALS: 685,000 302,282 987,282 1,036,647 Bond Years: Ag Maturity: 'g: Annual Rate: N.I.C. Rate: 4,565.00 6.66 6.622\ 6 . 847\ Annual Interest: Plus Discount: Net Interest: 302,282 10,275 312,557 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. e - 9- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario B-1 (Refunds 1991-1993 Principal) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 291,000 210.056 0 0 2-1-91 80.944 189,625 108,681 0 8-1-91 0 218.603 172.407 50,000 2-1-92 (0) 207,011 166,849 50.000 8-1-92 0 207,011 172.689 50.000 2-1-93 0 207,011 178.733 50.000 8-1-93 0 207.011 184.989 50,000 2-1-94 0 4,642,011 50,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Tota 1 Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1.318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969.892 1. 360.384 229,360 Total at 12-31-93 2,559,636 (b) Principal Outstanding at 12-31-93 258 S.F. @ $8,522.54 70 T.H. @ $5,298.06 2.198.815 370.724 Total Outstanding 2,569.539 Refunding D/S @ 7% (6) 3,804 9,838 15,678 21.722 27,978 1.018.799 5,610.810 (2,559,636)(a) (2,569,540)(b) (151. 000) 330.634 14.116 5,250 350.000 Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (80.944) o o (0) (0) (0) (0) 5.610,810 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e - 10- city of Stillwater, Minnesota Oak Glen Development Refunding on Feb. 1,1994 4Ilted: 2- 1-1994 Mature: 2- 1 Prepared March 1, 1990 By SPRINGSTED Incorporated SCHEDULE B-1 Total Year of Year of Principal 105\ Levy Mat. Principal Rates Interest & Interest of Total (1 ) (2) (3) (4) (5 ) (6) (7) 1993 1995 80,000 6.00\ 21,503 101,503 106,578 1994 1996 85,000 6.10\ 16,703 101,703 106,788 1995 1997 90,000 6.20\ 11,518 101,518 106,594 1996 1998 95,000 6.25\ 5,938 100,938 105,985 TOTALS: 350,000 55,662 405,662 425,945 Bond Years: Avg. Maturity: Avg. Annual Rate: N. I.C. Rate: 900.00 2.57 6.185\ 6.768\ Annual Interest: Plus Discount: Net Interest: 55,662 5,250 60,912 Interest rates are estimates; changes alterations of this schedule. ~he actual underwriter's discount bid may cause significant may also vary. e - 11 - e e City of Stillwater. Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario B-2 (Refunds 1991-1993 Principal) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 291,000 210,056 0 0 2-1-91 80,944 189,625 108.681 0 8-1-91 0 218,603 122,407 100,000 2-1-92 0 207,011 115,099 100.000 8-1-92 (0) 207,011 119.128 100.000 2-1-93 (0) 207,011 123,297 100,000 8-1-93 (0) 207,011 127.612 100,000 2-1-94 (0) 4,642,011 100,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Total Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969.892 1.360.384 229,360 Total at 12-31-93 2,559,636 (b) Principal Outstanding at 12-31-93 258 S.F. @ $8,522.54 70 T.H. @ $5.298.06 2,198,815 370,724 Total Outstanding 2.569.539 Refunding D/S @ 7% (6) 3.804 8,088 12,117 16.286 20,601 741. 292 5,283.303 (2.559.636)(a) (2.569,540)(b) (151.000) 3,127 (3.127) o o Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) (80.944) o (0) o o o o 5,283,303 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. - 12- e City of Stillwater. Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario C (Refunds Entire Issue) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 183.000 210,056 27,056 0 2-1-91 0 0 0 0 8-1-91 0 265,815 265,815 0 2-1-92 0 159,489 168,793 0 8-1-92 (0) 159,489 174.700 0 2-1-93 0 159,489 180,815 0 8-1-93 0 159,489 187,143 0 2-1-94 0 4,984.489 0 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Tota 1 Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57.340) x 4 yrs 969,892 1. 360.384 229,360 Total at 12-31-93 2,559.636 (b) Principal Outstanding at 12-31-93 258 S.F. . $8,522.54 70 T.H. @ $5,296.08 2.198.815 370.724 Total Outstanding 2,569.539 Refunding D/S @ 7% (6) o 9.304 15.211 21.326 27,654 1.011.470 5,995.959 (2.559,636)(a) (2.569,540)(b) (151,000) 715.783 18,042 11.175 745,000 Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) o o o o (0) (0) (0) 5,995.959 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e -13 - city of Stillwater, Minnesota Prepared March 1, 1990 Oak Glen Development By SPRINGSTED Incorporated Refunding on Feb. 1,1994 4tated: 2- 1-1994 SCHEDULE C Mature: 2- 1 Total Year of Year of Principal 105\ Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5 ) (6 ) (7) 1993 1995 50,000 6.00\ 48,315 98,315 103,231 1994 1996 50,000 6.10\ 45,315 95,315 100,081 1995 1997 55,000 6.20\ 42,265 97,265 102,128 1996 1998 60,000 6.25\ 38,855 98,855 103,798 1997 1999 65,000 6.30\ 35,105 100,105 105, 110 1998 2000 65,000 6.40\ 31,010 96,010 100,811 1999 2001 70,000 6.50\ 26,850 96,850 101,693 2000 2002 75,000 6.60\ 22,300 97,300 102,165 2001 2003 80,000 6.70\ 17,350 97,350 102,218 2002 2004 85,000 6.80\ 11,990 96,990 101,840 2003 2005 90,000 6.90\ 6,210 96,210 101,021 TOTALS: 745,000 325,565 1,070,565 1,124,096 Bond Years: 4,920.00 ~vg. Maturity: 6.60 ~vg. Annual Rate: 6.617\ N.I.C. Rate: 6.844\ Annual Interest: Plus Discount: Net Interest: 325,565 11,175 336,740 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. e - 14- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario C-l (Refunds Entire Issue) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 183,000 210,056 27,056 0 2-1-91 0 0 0 0 8-1-91 0 265,815 215,815 50,000 2-1-92 0 159,489 117,043 50.000 8-1-92 (0) 159,489 121,139 50,000 2-1-93 0 159,489 125,379 50,000 8-1-93 0 159,489 129.767 50,000 2-1-94 (0) 4.984,489 50,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% T ota 1 Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57.340) x 4 yrs 969.892 1. 360,384 229.360 Total at 12-31-93 2.559,636 (b) Principal Outstanding at 12-31-93 258 S.F. @ $8,522.54 70 T.H. @ $5,296.06 2,198.815 370,724 Total Outstanding 2,569,539 Refunding D/S @ 7% (6) o 7,554 11,650 15,890 20,278 733.963 5,668,452 (2,559,636)(a) (2,569,540)(b) (151,000) 388,276 15,574 6,150 410.000 ========== Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) o o o o (0) (0) D 5,668,452 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing, either internal or external, will be refunded on 2-1-1994. e -15 - City of Stillwater, Minnesota .Oak Glen Development Refunding on Feb. 1,1994 ateda 'ture: 2- 1-1994 2- 1 Year of Year of Levy Mat. Principal Rates (1) (2) (3) (4) 1993 1995 75,000 6.00\ 1994 1996 75,000 6.10\ 1995 1997 80,000 6.20\ 1996 1998 85,000 6.25\ 1997 1999 95,000 6.30\ TOTALS: 410,000 Prepared March 1, 1990 By SPRINGSTED Incorporated SCHEDULE C-1 Total Principal 105\ Interest & Interest of Total (5 ) (6) (7) 25,333 100,333 105,350 20,833 95,833 100,625 16,258 96,258 101,071 11,298 96,298 101,113 5,985 100,985 106,034 79,707 489,707 514,193 Bond Years: Avg. Maturity: Avg. Annual Rate: N.I.C. Rate: 1,280.00 3.12 6.227\ 6.708\ Annual Interest: Plus Discount: Net Interest: 79,707 6,150 85,857 cause significant Interest rates are estimates; changes may alterations of this schedule. 4Ifhe actual underwriter's discount bid may e also vary. - 16- e City of Stillwater, Minnesota Oak Glen Development Estimated Debt Service Cash Flow Scenario C-2 (Refunds Entire Issue) Fund Loans Refunded or D/S City Wide Beginning D/S Refunding Tax Date Balance Payment Proceeds Levy (1) (2) (3) (4) (5) 8-1-90 183,000 210.056 27,056 0 2-1-91 0 0 0 0 8-1-91 0 265,815 155.815 110,000 2-1-92 0 159,489 54,943 110,000 8-1-92 0 159,489 56,866 110,000 2-1-93 0 159,489 58,856 110.000 8-1-93 (0) 159,489 60,916 110,000 2-1-94 0 4.984,489 110,000 * To be refunded 2-1-94: Balance 2-1-94 (Col. 7) Less Deliquent Assessment Prin. & Int. Prepaid Remaining Assessment Principal Interest & Penalties (as of 12-31-89) e Net Required Refunding Add: Costs of Issuance Bond Discount @1.5% Total Issue (a) Deliquent P & I as of 12-31-89 258 S.F. @ $1,318.20 (340,096) x 4 yrs 70 T.H. @ $819.15 (57,340) x 4 yrs 969,892 1. 360,384 229,360 Total at 12-31-93 2.559,636 (b) Principal Outstanding at 12-31-93 258 S.F. @ $8,522.54 70 T.H. . $5,298.06 2,198,815 370,724 Total Outstanding 2,569,539 Refunding D/S @ 7% (6) o 5.454 7,377 9,367 11,427 400.953 5,275,442 (2,559,636)(a) (2,569,540)(b) (151. 000) (4.734) 4.734 o o Prepared: 01-Mar-90 Springsted Incorporated Net Required (Balance) (7) o o o (0) (0) o (0) 5,275.442 * ASSUMPTIONS: (1) There will be no additional lot sales until the end of 1993. (2) No annual assessments paid through 1993. (3) All lots will be sold and assessments paid by 2-1-1994 and any additional debt service will have to be paid from other sources. At that point it would be difficult to assess the added costs. (4) Any borrowing. either internal or external, will be refunded on 2-1-1994. e - 17- .ity of Stillwater, Minnesota ak Glen Development SllMMARY Additional 1990-1992 Bonds Total Tax Levy Required Future Tax Levy City Cost Scenario A 0 645,000 88,647 (1993-2003) 928,685 Scenario A-1 100,000 310,000 94,300 (1993-1996) 659,482 Scenario A-2 188,000 0 0 564,000 Scenario B 0 685,000 94,240 (1993-2003) 987,282 Scenario B-1 100,000 350,000 106,486 (1993-1996) 705,662 Scenario B-2 200,000 0 0 600,000 Scenario C 0 745,000 102,190 (1993-2003) 1,070,565 e Scenario C-1 100,000 410,000 102,839 (1993-1997) 789,707 Scenario C-2 220,000 0 0 660,000 It e Levy Payable Year Year ---------------. 1990 1991 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 TOTAL e e Summary of Possible Tax Levies Related to Oak Glen Financing Scenario -------------------------------------------------------------------------------------------------- A A-1 A-2 B-1 B-2 C-1 C-2 C B -------------------------------------------------------------------------------------------------- $100,000 $188,000 $100,000 $200,000 $100,000 $220,000 $100,000 $188,000 $100,000 $200,000 $100,000 $220,000 $81,855 $100,000 $188,000 $89,463 $201,503 $200,000 $98,315 $200,333 $220,000 $84,455 $89,048 $86,763 $101,703 $95,315 $95,833 $86,710 $89,848 $89,018 $101,518 $97,265 $96,285 $83,610 $90,273: $90,918 $100,938 $98,855 $96,298 $85,485 $90,313 $87,480 $100,105 $100,958 $82,020 $89,015 $96,010 $83,500 $90,175 $96,850 $84,600 $90,950 $97,300 $85,310 $91,330 $97,350 $85,620 $91,305 $96,990 $85,520 $90,865 $96,210 --------------------------------------------------------------------------------------------------- $928,685 $659,482 $564,000 $987,282 $705,662 $600,000 $1,070,565 $789,707 $660,000 -------- -------- -------- -------- -------- -------- ---------- -------- -------- -------- -------- -------- -------- -------- -------- ---------- -------- -------- .. f'>- .. e BYLAWS OF OAK GLEN COUNTRY CLUB ASSOCIATION, INC. ARTICLE I NAME, LOCATION AND PURPOSE The name of this corporation is Oak Glen Country Club Association; Inc~, hereinafter referred to as the "Association". The principal office of the association shall be located at 1599 McKusik Road, stillwater, Minnesota 55082, but meetings of the Members and Directors may be held at such places within Washington County, Minnesota as may be designated by the Board of Directors. The Association is organized and operated for the following e specific purposes: 1. s~i~irt-g~~~~~ between Oak Glen Development Company, a Limited Partnership, a Minnesota limited partnership ("Proprietor") as owner and operator of a for-profit business ("Country Club Business") known as the "Oak Glen Country Club" and the Members of the Association~ - 2 ~ h ~ldffig~3~e'rcr~ang~~~(i ri"~1 t s"-'d i s ere t i on) a, rig h t 0 f fir s t refusal-, to:.:purc:hase "theCou,ntry Club _.Property . The i"~Ji:i~"Coun-tiy"7crul)'I:)i:"op'eity"._i 5 def ine'd ~jn Reci tal::A . of the Declaration~ and 3. 'i"'imO~nTi tor ing ,scthe""ma inYe1i'ance-rof.~the"':golf ;;,;c:our ses cas ~~provfd'ed X"'iii""'the':'Country"Cl.u):).::.Declaration; and the general purposes set~forth in Article III of the Articles. ARTICLE II DEFINITIONS Section 1. "Articles" shall mean and refer to the Articles of Incorporation of Oak Glen Country Club Association, Inc. including e .any amendments thereof. , :. 'e e e Section 2. "Association" shall mean and refer to Oak Glen Country Club Association, Inc., a Minnesota non-profit corporation, its successors and assigns. Section 3. "Board" shall mean and refer to the Board of Directors of the Association. Section 4. "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions and Easements for Oak Glen Country Club dated July 31, 1986, and for record in the office of the Registrar of Titles, Washington County, Minnesota as Document No. 75931. Section 5. "Member" shall mean and refer to every person who is a Class G~l, G~2, G~3, G~4~ S:l or S~2 member of the Country Club Business, as defined in. Atticle III, Sections 1 and 2 of the Declaration; all of whom shall be Members of the Association and a member of the same class in the Association. ARTICLE III MEETING OF MEMBERS Section 1. Annual Meetings. Regular annual meetings of the Members shall be held on the second Tuesday of October of each year, at 7:00 P.M., beginning in the year 1987. If the day for an annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of -2- 'e e e " Directors, or upon written request of the Members who are entitled to vote one~fourth (1/4) of all of. the votes. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by~ or at the direction of, the secretary or person authorized to call the meeting, by mailing such notice to each Member entitled to vote thereat; addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and; in the case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one:half (1/2) of the total votes shall. constitute a quorum for any action except as' otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If,. however, such quorum shall not be present of represented at any meeting; the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the' meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. Members shall have the voting rights speci~ied in Article VI of the Articles. All proxies shall be in writing and filed with the Secretary prior to the meeting. Every proxy shall be revocable and shall automatically cease upon conveyance .by the Member of his Lot. -3- ." . . e ARTICLE IV BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE; REMOVAL; VACANCY; COMPENSATION Section 1. Number~ " ,,'., .t"i'9-:~~1n1t rnana-g eo "~by.tl:a:::"B oa r-d jJ;t,- QT'heedtfn'oY1ifDe;Mem13ersWof~th'e~~j' -""""<;;;",.-;;"~,!.d;;.:;;",Jl;,\"",%.,,,,..',,.&..;l.;.,,"-hr.""-' ',' 'B"~~'~;A~~iI~iiJ~~';"i"~"~,,,,,:,~,--,,,~~ ~~~~~t~g~~V .", . -- . . . ...$!I~.~~~c ZUk~q,gJ&:~9J1t,~~" The first Board shall consist of the three - fJQ:l;~ ;S;\~~:tJi:,....~lla individuals specified in the Articles. They shall serve until the first annual meeting of the Members. Thereafter the Board shall consist of five individuals. Section 2. Term of Office. At the first annual meeting after adoption of the Bylaws the Members shall elect two directors for a term of one year~ two directors for a term of two years and one e director for a term of three years. At each annual meeting thereafter the Members shall elect the number of directors necessary to fill expiring .terms, each for a term of three years. Subject to the provisions of the next paragraph, directors shall serve for their above specified term and until his successor shall have been elected and qualified. Section 3. Removal. Any directors may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. Section 4. Vacancy. In the event of death, resignation or removal of a director, his successor shall be elected by the Members of the Association at a special meeting called for that purpose within sixty (60) days after such death, resignation or 4It removal. Each successor shall serve for the unexpired term of his predecessor. -4- e Section 5. Compensation. No director shall receive e compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the board of Directors shall be made by a Nominating Committee~ Nominations may also be made from the floor at the annual meeting. The Nominating committee shall consist of a Chairperson, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve until the close of the annual meeting. The Nominating committee shall make as many nominations for election to the Board of directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. oin fhat:ea'?f'tti'fi~~'m11r.mPffr~~,~~nQ'I)~e.mtr.ers:f ~'1:.1:\.1f.'!:t.~.2._-._...........--~-u.-~--:.=... ..._-.:.~~:.r. ,. "~_':'o"'~~1?~~~ T:he'~a nd4:dat:es;~.. ~~"""~<.""~""'~"a~lf .. Section 2. Election~ Election to the board of Directors shall be by secret written ballot~ At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of Article VI of the Articles. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. e -5~ . - . .e e e ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings~ Regular meetings of the board of directors shall be held monthly, bimonthly or quarterly as determined by the Board; without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of directors shall be held when called by the President of the Association, or by any two directors, after not less than three (3) days written notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Action Taken without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the'directors. Section 5. Electronic Communications. (a) A conference among directors may simultaneously hear each other during the conference constitute.s a board meeting, if the same notice is given of the conference as would be required by sections 1 or 2 for a meeting, ~6- 'e e e and if the number of directors participating in the conference would be sufficient to constitute a quorum at a meeting. Participation in a meeting by that means constitutes presence in person at the meeting. (b) A director may participate in a board meeting not described in paragraph (a) by any means of communication through which the director, other directors so participating, and all directors physically present at the meeting may simultaneously hear each other during the meeting. Participation in a meeting by that means constitutes presence in person at the meeting. ARTICLE VII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall.be.a President and Vice President, who shall at all times be Members of the Board of Directors, a Secretary and a Treasurer, and such other officers as the Board may from time to time appoint by resolution. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year and until his successors shall have been elected and have qualified, unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve. Section 4. Special appointments. The Board may elect such other officers as the affairs of the Association may require, each -7- Ie e e of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board~ Any officer may resign at any time by giving written notice to the board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. section 6. Vacancies~ A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of ' the term of the officer he replaces~ Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other,offices except in the case of special offices created pursuant to section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: a. President. The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall, together with the Secretary, sign all written instruments, including leases, mortgages or deeds and may sign checks and promissory notes. . J -8- Ie e e b. vice President. The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such duties as may be required by the Board. c. Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the_Association together with their addresses and voting agreements, if any; shall, together with the President sign all written instruments, including leases, mortgages or deeds; may sign checks and promissory notes; and shall perform such other duties as required by the Board. d. Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; may sign checks and promissory notes; keep proper books to be made of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE VIII COMMITTEES The Board shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board of Directors -9- Ie e e shall appoint such other committees as deemed appropriate in carrying out its purpose. ARTICLE IV BOOKS AND RECORDS The books and records of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles and these Bylaws shall be available for inspection by any Member at the principal office of the association, where copies may be purchased at reasonable cost. ARTICLE X LIMITATION ON CONTRACTS Section 1. Any contract providing for services, shall provide for termination by the Association for cause upon thirty (30) days written notice thereof, and the term of any such agreement may not exceed one year, renewable by agreement of the parties for successive one (1) year periods. ARTICLE XI AMENDMENTS Section 1. These'Bylaws may be amended, at a regular or special meeting of the Members, by a majority vote of a quorum of Members present in person or by proxy. Section 2. In the case of any conflict between the Articles and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. -10- Ie e e ARTICLE XII MISCELLANEOUS Section 1. The fiscal year of the Association shall begin on the first day of January and end on the 31st of December of every year, except that the first fiscal year shall begin on the day of incorporation. ARTICLE XIII INDEMNIFICATION Every director, officer, employee or agent of the corporation who was or is a party or is threatened to be made a party to any threatened; pending or completed action, suit or proceeding, wherever brought, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or that he is or was serving at the specific request of the Board of Directors of the corporation as a director, officer, employee, agent, partner or trustee of another corporation, partnership, joint venture, trust or other enterprise, shall be indemnified by the Corporation, to the extent permitted by and in accordance with Section 300.083 of Minnesota Statutes (as authorized by Section 317.16(15) and subject to Section 317.165 of Minnesota Statutes) as presently enacted or hereafter amended from time to time, against judgments, fines, amounts paid in settlement and expenses, including attorneys' fees, reasonably incurred by him in connection with such action, suit or proceeding; and the Board may, at any time, approve indemnification of any other person which the corporation has the power to -11- e e e , .... ( indemnify under the Minnesota Statutes set forth herein. The indemnification with respect to a person who is or was serving as a director, officer, employee, agent, partner or trustee of another corporation, partnership, joint venture, trust or other enterprise shall apply only to the extent that such person is not indemnified by such other corporation, partnership, joint venture, trust or other enterprise. The. indemnification provided by this Article shall continue as to a person who has ceased to be a director, officer, employee; agent, partner or trustee; shall inure to the benefit of the heirs, executors and administrators of such person; shall apply whether or not the claim against such person arises out , of matters occurring before the adoption of this Article; and shall not be exclusive of other rights to which such person may be entitled. In the event any provision of this Article shall be held by any court of competent jurisdiction to be inconsistent with sections 300.083, 317.16(15), or 317.165 of Minnesota Statutes, as presently enacted or hereafter amended from time to time, such provision shall be deemed to be separable and the remainder of this Article shall be deemed to be valid and in full force and effect. ~12- , " e DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR OAK GLEN COUNTRY CLUB e THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD - HMM/DWK Suite 1500 100 S. Fifth Street Minneapolis, MN 55402 ~ e TABLE OF CONTENTS Page REel TALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 ARTICLE I. Definitions.........................................4 ARTICLE II. Maintenance of Country Club Property ..............5 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7". Duration of Maintenance........................5 Minimum Facilities.............................6 Rules and Regulations..........................6 Preservation of Open Spaces....................6 Compliance With Use Permit.....................7 Standards for Maintenance of Golf Course.......7 Enforcement of Standards.......................7 ARTICLE III. Classes of Membership; Privileges of Membership...8 Golfing Memberships............................8 Non-Golfing Memberships........................9 Certificates of Memberships....................9 Limitation on Number of Memberships...........lO e Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Golfing Privileges............................l0 Social Privileges.............................10 Other Privileges...........................~..ll Financial Terms.............................. .11 ARTICLE IV. Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Section 1. Section 2. Section 3. -- Section 4. Initiation Fees...............................ll Annual Fees.................................. .11 Usage Fees................................... .12 Extensions of Credit..........................13 i - e TABLE OF CONTENTS (Cont'd) Page Section 5. No Special Assessments.........................l3 Section 6. Personal LiabilitY.............................13 Section 7. Liens on Ldts..................................13 Section 8. Suspension of Membership.......................14 Section 9. Forfeiture of Membership.......................l4 ARTICLE V. Transfers and Conversions of Memberships...........15 Section 1. Section 2. Section 3. ARTICLE VI. e Section 1. Section 2 . Section 3. Section 4. ARTICLE VII. Section 1. Section 2. ARTICLE VIII. Section 1. Section 2. Section 3. Section 4. . Section 5. Transfers of Memberships.......................15 Conversions Between Class G-l and Class S-1....15 Stale Class S-1 Memberships....................16 Grants of Memberships............................16 Initial Grant of G-l Memberships...............16 Additional Grants of G-l and S-l Memberships...l? Grants of Other Memberships....................l? Members Have No Equity.........................l8 Restrictions on Conveyances of the Country Club P rope r t y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Restrictions on Separate Conveyance............18 Right of First Refusal to Purchase or Lease Country Club Property..........................l9 General Provisions...............................20 Du rat i on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Additional Country Club Property...............21 Amendment..................................... .21 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . .21 Severability.................................. .22 - ii - e e II DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR OAK GLEN COUNTRY CLUB THIS DECLARATION is made this ~ \ \.!" day of July, 1986, by Oak Glen Development Company, A Limited Partnership, a Minnesota limited partnership (the "Proprietor"). It concerns registered land in the Ci ty of Stillwater, County of Hennepin, State of Minnesota. RECITALS A. Propr ietor is the developer, owner and operator of a country club located on Outlots G, H, J, K and L, OAK GLEN, Washington County, Minnesota, containing approximately 157.85 acres and consisting of a nine-hole executive golf course, an eighteen-hole championship golf course, a clubhouse (including restaurant and bar facilities), a golf practice area, a mainten- \ ance building, a parking lot and var ious utili ties used in the operation and maintenance thereof. Said real property is known colloquially as the "0ak Glen Country Club" and is referred to in this Declaration as' the "Country Club Property." This Declaration burdens the Country Club Property but no other property. e e It B. The Country Club Property is part of the Oak Glen Planned Uni t Development which consists of the following lands platted as OAK GLEN: Area Acreage Country Club Property 157.85 183.63 Residential land Open space, drainage control, streets and utility easements 122.54 Total 464.02 This Declaration benefits certain residential land in Oak Glen and may benefit additional residential land in Oak Glen, but does ~ot and will not benefit any nonresidential land in Oak Glen or any land outside Oak Glen. C. Proprietor maintains and operates .the Country Club Property under the provisions of that certain "Use Permit for Oak Glen Planned Uni t Development tI approved by the Ci ty Council of the City of Stillwater, Minnesota on October 6, 1981 (the t1Use Permi t II), which provides, among other things, that the Country Club Property shall be properly maintained and shall be used only for golf course purposes in accordance with generally recognized standard practices. D. Proprietor, doing business as "Oak Glen Country Club," owns, maintains and operates the Country Club Property as a for- profit business (the "Country Club Businessll). Customers of the Country Club Business consist of so-called members, guests of so- called members and the general public. This Declaration benefits all members of the Country Club Business and provides certain additional benefits to certain classes' of members. - 2 - e e e E. The Amended Declaration of Covenants and Restr ictions for Oak Glen dated October 5, 1982, and recorded in the office of the Washington County Recorder on October 13, 1982, as Document No. 436624, provides that the Proprietor will make golf course memberships available to each original purchaser of a Lot at the time the Lot is purchased from the Proprietor, and that such golf course memberships shall be made available at the price in effect at the time the Lot is purchased. F. Proprietor wants to provide additional assurances that the Country Club Property will always be used and mainta'ined for the purposes described in this Declaration. G. The Country Club Property is intended for the primary use and enjoyment of owners of residential lots in Oak Glen. H. Proprietor has incorporated Oak Glen Country Club Associa tion, Inc. as a Minnesota nonprof i t corporation (the "Association") consisting of all members of the Country Club Bus- iness for the purpose of providing liaison between the members of the Country Club Business and the Proprietor. I. Proprietor is willing to grant to the Association a right of first refusal to purchase the Country Club Property. J. Under that certain Option Agreement for Oak Glen (the "Option Agreement") dated as of May 22, 1986, between the Pro- prietor and Lundgren Bros. of Stillwater, Inc., a Minnesota cor- poration ("Lundgren Bros."), Lundgren Bros has an option to pur- chase certain residential lots in Oak Glen - 3 - - e lit DECLARATION NOW, THEREFORE, in consideration of the facts recited above, the Proprietor makes the following declaration: ARTICLE I. Definitions Section 1. II Associa tion II shall mean and refer to the Oak Glen Country Club Association, Inc., a Minnesota nonprofit cor- poration, its successors and assigns. Section 2. "Country Club Property" shall mean and refer to the real property described in Recital A above. Section 3. "Declaration" shall mean this document, as it may from time to time be amended. Section 4. "Propr ietor" shall mean and refer to Oak Glen Development Company, A Limited Partnership, a Minnesota limited partnership, its successors and assigns, as the fee owner of the Country Club Property. The Proprietor may delegate the power to grant memberships, set fees and make rules to (a) a vendee under a contract for deed where the Proprietor is the Vendor, or (b) a tenant of the Proprietor. In that event, the vendee or tenant, as the case may be, may bind the Proprietor as to those matters within the delegated powers. Section 5. "Lotll shall mean and refer to any parcel of real property containing a dwelling intended for use and occupancy as a residence by a single family, including (without limitation) a single family home, a townhouse and a condominium unit. - 4 - e e It Section 6. "Member" shall mean or refer to a regular custo- mer of the Country Club Business in that capacity and not in the capacity of being a member of the Association. The various classes of membership are defined in Article III, Sections 1 and 2 of this Declaration. "Member" shall refer only to customers of the Country Club Business in said classes of membership and not to other customers of the Country Club Business, such as the gen- eral public and guests of Members. Section 7. "Oak Glen" shall mean and refer to the land platted as OAK GLEN in Washington County, County Recorder Docu- ment No. 424008, regardless of whether said land or parts thereof may be replatted. Section 8. "Option Agreement" shall mean and refer to the Option Agreement defined in Recital J above. Section 9. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot except that, where a Lot is being sold on a con- tract for deed and the vendee is in possession, the vendee shall be deemed the Owner rather than the vendor. Section 10. "Use Permi t" shall mean and refer to the Use Permit described in Recital C above. ARTICLE II. Maintenance of Country Club Property Section 1. Duration of Ma intenance. The Propr ietor shall use and maintain the Country Club Property in accordance with the Use Permit for so long as it shall remain in force and also in - 5 - e - e accordance with this Declaration for so long as it shall remain in force. Section 2. Minimum Facili ties. The Country Club Property shall, at all times, include a nine-hole executive golf course, an eighteen-hole championship golf course, a clubhouse (including a restaurant and bar facilities), a golf practice area, a main- tenance building, a parking lot and various utilities and equip- ment used in the operation and maintenance thereof, and shall not be reduced in land area below its present size of approximately 157.85 acres. However, addi tional facili ties, such as tennis courts or swimming pools, may be added by the Proprietor within the Country Club Property. Section 3. Rules and Regulations. The continuous use and maintenance of the Country Club Property shall be subject to the covenants, restrictions and easements set forth in this Declara- tion, and shall also be subject to such reasonable condi tions, restrictions, rules and regulations as may, from time-to-time, be imposed by the Proprietor in accordance with generally recognized standard practic.es in the operation and maintenance of country clubs and golf courses not inconsistent with the terms of this Declaration or the terms of the Use Permit. section 4. Preservation of Open Spaces. In the continuous use and maintenance of the Country Club Property, the designated open spaces (including the tees, greens, fairways, roughs, ponds, sandt raps and woods) shall not be used for any other purpose, reduced in area, nor otherwise altered to increase the density of - 6 - - . tit improvements on the Country Club Property without the consent of the City and amendment of the Use Permit. Section 5. Compliance With Use Permit. All of the facili- ties on the Country Club Property (including the clubhouse, main- tenance building, parking lot, signs and other structures) and uses shall be in accordance wi th the terms of the Use Permi t. Only uses authorized by the Use Permit shall be conducted on the Country Club Property. Any substantial alteration or expansion of the clubhouse, parking lot, other buildings or structures, or any substantial alteration or expansion of any uses thereof, shall be permitted only by amendment to the Use Permit. Section 6. Standards for Maintenance of Golf Course. The portions of the Country Club Property designated as golf courses shall be properly maintained and shall be used for golf course purposes in accordance wi th generally recognized standard golf course practices. The minimum level of maintenance for the golf courses shall be the median level of maintenance maintained by the five comparable golf courses located closest to Oak Glen. Comparable golf courses shall be nonmunicipal golf courses with a combination of annual fees, annual installments of assessments and usage fees comparable to the annual fees and usage fees col- lected by the Proprietor. Section 7. Enforcement of Standards. The Association, through its board of directors, shall monitor the maintenance of the golf courses on behalf of the Members and no Member or group of Members shall have a separate right to enforce the minimum level of maintenance. If the board of directors of the Associa- - 7 - ~ tion believes that the golf courses are not being maintained to the required level, and the Proprietor believes that they are being maintained to the required level, the dispute shall be sub- mitted to binding' arbitration before a panel of three arbitra- tors. All three arbi trators shall be managers of golf courses outside Washington County, Minnesota, but wi thin 50 miles of Washington County. One arbi trator shall be appointed by the board of directors of the Association; one arbitrator shall be appointed by the Proprietor; and the two arbi trators so chosen shall select the third arbi trator. Arbi tration \ shall be con- ducted under the rules of the American Arbitration Association. The costs of arbitration shall be shared equally by the Associa- tion and the Proprietor. If the arbitrators decide that the golf . courses are not being maintained to the required level, they may order the Propr ietor to br ing the golf courses up to standards within a specified, but reasonable, period of time. Any orders of the arbitrators shall be final and may be enforced by the Association through a court of law. ARTICLE III. Classes of Membership; Privileges of Membership Section 1. Golfing Memberships. There shall be four classes of "Golfing Members" in the Country Club Business as follows: Class G-l Members Full family Membership appurtenant to a Lot in Oak Glen. It Class G-2 Members Full family Membership not appur- tenant to a Lot in Oak Glen. - 8 - e Class G-3 Members Full Membership of a corporation or other business enti ty which shall be limited 50 as to permit no more than five individuals, designated by name, from time-to-time, to use and enjoy the membership. Class G-4 Members associate membership. Class G-l, G-2 and G-3 Members shall be "Full Members". Full Memberships shall be renewable annually by the Member. Associate Memberships shall be renewable annually in the discretion of the Proprietor. The Proprietor may establish subclasses of Golfing Members based upon the number of individual golfers covered by the membership and their age, place of residence, marital status and other criteria commonly used by country clubs. Sect ion 2. Non-Golfing Memberships. There shall be at . least two classes of "Non-Golfing Members" in the Country Club Business as follows: Class S-l Social Membership appurtenant to a Lot in Oak Glen. Class 5-2 Social Membership not appurtenant to a Lot in Oak Glen. The Propr ietor . may establish other classes of Non-Golfing Memberships, including tennis memberships and swimming memberships. The Propr ietor may also establish subclasses of Non-Golfing Memberships based on the Member's age, place of residence, marital status or other criteria. Section 3. Certificates of Membership. All Full Member- ships shall be validated and evidenced by the Proprietor by the issuance of a Membership Certificate. Each Membership Certifi- e cate shall descr ibe the class of Membership for which it is issued and shall recite that the Membership is . fully 'paid and - 9 - e - e non-assessable. With respect to any Class G-1 Membership, the Certificate of Membership shall also recite that the Certificate shall run wi th the Lot unless the holder I s Membership is for- feited for non-payment of annual dues or is otherwise terminated as provided in this Declaration. A Certificate for a G-1 Member- ship shall be issued to the original purchaser of the Lot to which it is appurtenant at the time of the closing of the pur- chase thereof. Section 4. Limitation on Number of Memberships. There shall be no more than 600 G-1, G-2, G-3 and. S-l Memberships in force at any time. Section 5. Golfing Privileges. Each Golfing Member shall have the privilege of golfing on the golf courses and .using the other golfing facilities (e.g. driving range, practice greens and locker rooms) within the Country Club Property upon non-financial terms determined by the Propr ietor in accordance wi th standard golf course procedures. Classes G-l, G-2 and G-3 shall have identical golfing privileges. Tee time~ and.other golfing privileges . shall be available upon non-financial terms which are more favor- able to full Members (Classes G-l, G-2 and G-3) than to Associate Member s (Class G-4). Tee times and other golfing privileges shall be available upon non-financial terms which are more favor- able to Associate Members (Class G-4) than to the general public. Tee times and other golfing privileges shall be avail- able upon the same non-financial terms to Non-Golfing Members (Class S-l, S-2, etc.) as to the general public. Section 6. Social Privileges. All Members shall have the privilege of using the restaurant, bar, meeting rooms and enter- - 10 - e e tainment facili ties wi thin the Country Club Property upon non- financial terms determined by the Propr ietor, but such terms shall be more favorable than offered to the general public. Section 7. Other Pr i vileges. If the Propr ietor installs additional facilities which are not golfing facilities or social facilities (e.g. tennis courts and swimming pools), the Proprie- tor may limit the use of such facilities to certain classes of Members (e.g. tennis members and swimming members), may allow such facili ties to be used by all Members and may allow such facilities to be available to the general publici all upon non- financial terms determined by the Proprietor in its sole discre- tion. Section 8. Financial Terms. The Propr ietor may charge usage fees for the use of any facilities within the Country Club Property, subject to the limitations set forth in Article IV, Section 3 of this Declaration. ARTICLE IV. Fees Section 1. Ini tiation Fees. The Propr ietor may charge an initiation fee upon the grant of any Membership. The amount of the initiation fee shall be determined by Proprietor in its sole discretion. The issuance of a Certificate of Membership for any Full Member shall be conclusive evidence that the initiation fee has been fully paid. e Section 2. Annual Fees. Payment of the initiation fee, if any, charged by the Proprietor shall entitle a Member to enjoy - 11 - e the privileges of Membership, provided the Member pays annual fees continuously from year to year and provided the Member pays the usage fees charged by the Proprietor for the use of certain facilities. Except as otherwise provided in this section, the annual fees for each class of Membership shall be determined from time to time by the Proprietor in its sole discretion. a. Collected Annually. Annual fees shall be levied on a calendar year basis. Annual fees for a year shall be payable in one installment or in multiple installments according to a schedule determined by the Developer, but no installment shall be due earlier than three months in advance of the year. b. Class G-l Preference. The annual fees for Class G-l Members shall not exceed the annual fees for Class G-2 and G-3 Members. c. Class S-l Preference. The 1986 annual fee for each Class S-l Membership shall be $125.00. The Class S-l annual fee may be increased for 1987 and subsequent years, subject to the following limitations based upon the Consumer Price Index for the Minneapolis-St. Paul Metropolitan Area, All Items, All Consumers, as pub- lished by the Bureau of Labor Statistics of the U.S. Department of Labor ("CPI ") . The percentage increase in the Class S-l annual fee between 1986 and 1987 shall not exceed the percentage increase between the last cpr published before 1986 and the last CPI published before 1987. Likewise the percentage increase in the Class S- 1 annual fee between any year after 1987 and the fol- lowing year shall not exceed the percentage increase between the last CPI published before the earlier year and the last CPI published before the later year. e. Section 3. Usage Fees. The Proprietor may charge Members for the use of any facilities within the Country Club Property, including, without limitation, golf courses, golf carts and lockers. . Except as otherwise provided in this section, the usage fees shall be determined from time to time by the Proprietor in It its sole discretion. a. Collected Currently. The Developer may demand deposits and payments .in advance of tournaments, weddings and - 12 - e e It other special events: but all other usage fees shall be payable in accordance wi th generaJ.ly recognized stan- dard golf course practices. b. Class G-l and S-l Preferences. The usage fees for Class G-l Members shall be the lowest fees of any class of Members or other users of the Country Club Property. The usage fees for Class S-l Members shall not exceed the usage fees for Class S-2 Members. Any minimum usage requi~ements imposed on Class G-l Members shall not exceed the minimum usage requirements imposed on Class G-2 or G-3 Members. Any minimum usage requirements imposed on Class S-l Members shall not exceed the minimum usage requirements imposed on Class S-2 Members. Section 4. Extensions of Credit. The Proprietor may extend or withhold credit to any Member in the Proprietor's sole discre- tion and may set the terms of extensions of credit in the Pro- prietor's sole discretion, subject to applicable state and fed- eral laws. Section 5. No Special Assessments. Each Membership shall be non-assessable, in that there shall be no liabili ty on the part of a Member for any payment in connection with the use and enjoyment of the Country Club Property, except for payment of such annual dues and usage fees as may, from time-to-time, be established by the Proprietor in accordance with the provisions of this Declaration. Without limiting the foregoing, there shall .be no special assessments, no re-initiation fees and no capital calls. Section 6. Personal Liability. No Class G-l or S-l Member shall be personally liable for an annual fee. Section 7. Liens on Lots. No annual fee or usage fee shall constitute a lien on ~ny Lot. - 13 - e Section 8. Suspension of Membership. Membership privileges for any Member may be suspended by the Propr ietor until all delinquent annual fees and all delinquent usage fees have been paid. Section 9. For fei ture of Membership. Any Class G-I or Class S-l member who fails to pay any installment of his or her annual fee within thirteen (13) months after its due date shall forfeit his or her Membership, whereupon the Membership shall no longer run with the Lot to which it was appurtenant and the Country Club Property shall no longer be burdened by an easement appurtenant to the Lot granted pursuant to Article VI, Section 1 or Section 2 of this Declaration. Any other Member who fails to e pay any installment of his or her annual fee wi thin the time specif ied by the Propr ietor shall forfei t his or her Member- ship. No Membership of any class shall be forfeited for failure to pay an annual fee unless the Propr ietor has given WI i tten notice, by registered or certified mail to the holder of the Certificate of Membership at his or her last known address, or by serving him or her personally, stating: (a) the amount of the default; (b) the duration of the delinquency; and (c) that the Membership will be forfeited unless the pay- ment is made on or before the 60th day after the notice is deposited in the U. S. Mail or served personally on the Member. -- - 14 - e e e ARTICLE V. Transfers and Conversions of Memberships Section 1. Transfers of Membership. Each Class G-1 and S-l Membership shall run wi th the Lot to which it is appurtenant, unless forfeited pursuant to Article IV, Section 9 or Article V, Section 3. No such Memberships shall be assigned separate from the Lot to which it is appurtenant. Any Membership in a Class other than Class G-1 or S-l may be transferable or not transfer- able as determined by the Proprietor upon granting the Membership and stated in the Certificate of Membership, if any, issued to the Member. Section 2. Conversions Between Class G-1 and Class 5-1. Any holder of a Class G-1 .Membership may convert the Class G-1 Membership to a Class S-l Membership by giving notice to the Pro- prietor. Any G-1 annual fees paid for the current year shall be applied to the S-l annual fees for that year. If the G-1 annual fees exceed the S-l annual fees, the Proprietor need not refund the excess. If the S-l annual fees exceed the G-l annual fees, the Member shall pay the difference to the Proprietor with the Member's notice of conversion. Any holder of a Class S-l Member- ship may convert the Class S-l Membership to a Class G-l Member- ship by giving notice to the Propr ietor. Any S-l annual fees paid for the current year shall be applied to the G-l annual fees for that year. If the S-l annual fees exceed the G-l annual fees, the Propr ietor need not refund the excess." If the G-1 annual fees exceed the S-l annual fees, the Member shall pay the difference to the,Proprietor with the Member's notice of conver- - 15 - e e It sion. Class G-l and S-l Memberships may be reconverted from time to time, provided that no Membership may be converted or recon- verted more than once in any period of twelve (12) months. Section 3. Stale Class S-l Memberships. Any Class S-l mem- bership which remains in force for seven (7) consecutive years shall cease to be convertible into a Class G-l membership and shall be converted by the member into a Class S-2 membership or forfeited effective the eighth (8th) year. No Class S-l Member- ship shall be so forfeited unless the Proprietor has given wr i tten notice at least 90 days before the end of the seventh year, by registered or certified mail to the holder of the Cer- tificate of Membership at his or her last known address, or by serving him or her personally, stating: (a) that the membership will be forfei ted effective the beginning of the eighth year (and stating said date), unless the Member converts to a G-l Membership effec- tive at the beginning of the eighth year; and (b) giving the address to which the Member should mail or deliver a notice of such conversion. If the S-l Member elects to convert to G-l Membership effective the beginning of the eighth year, the G-l annual fee shall be payable according to the terms then applicable to all G-l mem- bers. ( ARTICLE VI. Grants of Membership Section 1. Ini tial Grant of G-l Memberships. Proprietor hereby grants unto the Owner of each of the following Lots a non- exclusive appurtenant easement to use the Country Club Property - 16 - e e It for recreational purposes as a Class G-l Member of the Country Club Business; without payment of any initiation fee other than the initiation fee heretofore paid, if any; subject to the payment of annual fees and usage fees; and subject to the terms and condi tions of Class G-1 Membership as set forth in this Declaration: Lot 2, Block 6, Oak Glen 5th Addition. Each such G-1 membership shall be appurtenant to its respective Lot. Section 2. Addi tional Grants of G-l and S-l Memberships. Proprietor may grant a G-l Membership or an S-l Membership to the Owner of any other Lot in Oak Glen by executing and recording a deed granting a non-exclusive appurtenant easement to use the Country Club Property for recreational purposes as a Class G-l Member or Class S-l Member (as the case may be), upon payment of an initiation fee determined by Proprietor, subject to the payment of annual fees and usage fees and subject to the terms and condi tions of Membership as set forth in this Declaration, which shall be incorporated by reference in the deed. An example of such a deed is attached hereto as Exhibit A. Other forms of deeds may also be used and the Proprietor may, in selling a Lot, include the grant of an S-l or G-1 Membership in the deed for the Lot. Section 3. Grants of Other Memberships. The Proprietor may grant Memberships other than G-1 or 5-1 Memberships at such times and upon such terms as it may determine, subject to the terms and conditions of this Declaration. - 17 - e Section 4. Members Have No Equi ty. No Member shall have any equity in or ownership interest in the Country Club Business or the Country Club Property, tangible or intangible, solely by reason of Membership. Class G-l Members and Class S-l Members, but no other Members, shall have easement rights over the Country Club Property as set forth in this Declaration by 'reason of hav-' ing received such Membership from the Proprietor pursuant to Article VI, Section 1 or Section 2. ARTICLE VII. Restrictions on Conveyances of the Country Club Property Section 1. Restrictions on Separate Conveyance. Except as stated in this Section I and subject to the right of first e refusal set forth in Section 2, the Proprietor may separately sell, lease, mortgage or otherwise convey any part of the Country Club Property apart from any other part thereof. a. Rights of Mortgagees. The foregoing right to convey separately shall be subordinate to the terms of any existing mortgage on the Country Club Property even though the mortgagee may have consented to this Declar- ation and shall be subordinate to the terrrs of any future mortgage on the Country Club Property even though it may be executed and recorded after this Dec- laration. b. Rights of City. The foregoing right to convey separ- ately shall be subordinate to the terms of the Use Per- mit. -- c. Preservation of Golfing Facilities. No golfing facil- i ty shall be conveyed apart from all other golfing facilities. The golfing facilities shall include (without limitation) the golf courses, practice greens, practice ranges, locker rooms, maintenance buildings. - 18 - e e It If any portion of the Country Club Property is conveyed apart from other portions of the Country Club Property, the terms of this Declaration shall continue to apply to all portions and the term "Proprietor" in this Declaration shall refer collectively to the Proprietors of all portions or the Proprietor of each portion, as the context may require. Section 2. Right of First Refusal to Purchase or Lease Country Club Property. The Propr ietor shall not sell or lease all or any part of the Country Club Property without giving the Association the opportunity to buy or lease the Country Club Property as provided in this Section. Before selling or leasing all or any part of the Country Club Property, the Propr ietor shall give notice of such proposed conveyance to the Association, together with a true, correct, and complete copy of a contract of conveyance containing all the terms and provisions of the pro- posed conveyance. Each proposed conveyance (i) must be scheduled to close within six (6) months after the Proprietor's notice to Association; (ii) may not require the vendee to acquire any real or personal property other than real property in Oak Glen; and (iii) may not require the vendee to pay anything except money. The Association shall have a per iod of sixty (60) days after receipt of such notice and such contract of conveyance to notify the Propr ietor that the Association shall acqui re the Country Club Property, or the part thereof which is the subject of such contract of conveyance, for the same price and upon and subject to the same terms and provisions as are contained in such con- tract of conveyance, where~pon the Proprietor and the Association - 19 - e e It shall execute and perform such contract of conveyance. . If the Association does not timely give such notice, the Proprietor may close such conveyance, but only in str ict accordance wi th the terms and provisions of such contract of conveyance. If such contract of conveyance does not close within eighteen (18) months after the Proprietor's notice to the Association, the property shall return to its status of being subject to Association's right of first refusal under this Section. The foregoing right of first refusal shall run with the Country Club Property and all parts thereof and shall apply to all future conveyances even con- veyances after the Association has declined to acquire the pro- perty. The right of first refusal shall expire with respect to any part of the Country Club Property when such part is acquired by the Association. All other terms of this Declaration shall apply to all parts of the Country Club Property and the present and future owners thereof, despite the Association's exercise of the right of first refusal or failure to exercise such right. ARTICLE VIII. General provisions Section 1. Duration. The covenants, restrictions and ease- ments set-forth in this Declaration shall run with and bind the Country Club Property and shall inure to the benefit of all Lots to which a Class G-1 or S-l Membership is appurtenant for a per- iod of twenty-five (25) years from the date this Declaration is filed for record, after which time said covenants, restrictions and easements shall be a~tomatica1ly extended for successive per- - 20 - e e It iods of ten (10) years unless an instrument signed by a majority of the then Owners of the Lots to which a Class G-l or S-l Membership is appurtenant has been recorded, agreeing to termin- ate said covenants, restrictions and easements. Section 2. Addi t ional Country Club Property. Addi tional property may become burdened by the covenants, restrictions, easements, charges and liens set-forth in this Declaration. Pro- prietor shall have the right to burden additional property with this Declaration. The Proprietor is not obligated to burden any addi tional property wi th this Declaration. Any addi tion made under this Section shall be made by recording a "Supplementary Declaration of Covenants and Restr ictions for Oak Glen Country Club" with respect to each such addition, which shall extend the general plan or scheme of this Declaration to the lands so added. Section 3. Amendment. This Declaration may be amended at any time by an instrument signed by (i) the Proprietor, its suc- cessors and assigns; (ii) all mortgagees of the Country Club Property; (iii) if the Option Agreement remains in effect, Lundgren Bros.; .and (iv) not less than sixty-seven percent (67%) of the G-l Members and 5-1 Members, excluding the Proprietor and any persons related to the Proprietor. Each amendment shall take effect when it is filed for record with the Registrar of Titles of Washington County, Minnesota. Section 4. Enforcement. The Association, any Member or the Proprietor shall have the right to enforce, by any proceeding at law or in equity, all covenants, restrictions, or easements now or hereafter imposed by the provisions of this Declaration and - 21 - e e It any amendments thereto. Failure to enforce any such covenant, restriction or easement shall in no event be deemed a waiver of the right to do so thereafter. Section 5. Severability. Invalidation of anyone of these covenants, restr ictions, or easements by judgment of a court shall in no way affect any other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the Proprietor has caused this Country Club Declaration to be executed on the date and year first writ- ten above. DEVELOPMENT COMPANY, A PARTNERSHIP By STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON ) The foregoing was acknowledged before me this \\~ day of ~ 1986, by David S. Johnson, the Managing Partner of Oak Glen Development Company, A Limited Partnership, a Minnesot~ limited partnership, on behalf of the partnership. . ...----. I.~~r:-~ 'WHN'''~.'N''''''.JUCI \ .J.1 HUGH M. MAYNARD ~ NOTARY PUBLIC. MINNESOTA HENNEPIN COUNTY My Commission Expires June 30, 1990 . . ~A. ~. ~~..~~~ Nbtary Pub ic - 22 - CONSENT OF THE CITY OF STILLWATER e As issuer of the Use Permi t for the Oak Glen Planned Uni t Development, the City of Stillwater hereby consents to the fore- going Declaration of Covenants and Restr ictions for Oak Glen Country Club. fj-- Dated: t~~ ,Jlo , 1986. CITY OF STILLWATER By ~~ ~O, !3Au~ Harry . Peterson, Mayor ATTEST: }IL~ ~~ Mary Lo Johnson, 4It APPROVED AS TO FORM: Attorney STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON ) -II ~ On this de) =day of a~AA4-1_; 1986, before me, a notary public within and for said Cou ~y, personally appeared Harry D. Peterson and Mary Lou Johnson, to me personally known, who, being duly sworn, did say that they were respectively the Mayor and Ci ty Clerk of the Ci ty of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and that they acknowledge the same and that said instrument was the free act and deed of the City. @ NILE L. KRIESEL - . .!!-..;; NOT AAV PUBLIC - MINNESOT A ~ . WASHINGTON COUNTY t.'y Commllllon Expll'8& Oct1S, 1990 I /z!.<lt ~ *~ . otary Public e - 23 - e e II CONSENTS OF MORTGAGEES . First Trust Company of St. Paul, as mortgagee under that certain Mortgage and Secur i ty Agreement dated as of January 1, 1982, filed with the County Recorder of Washington County, Minnesota on January 28, 1982 as Document No. 427789, hereby consents to the foregoing Declaration of and Covenants Restrictions for Oak Glen Country Club and agrees to be bound by it. Dated: B\II FIRST TRUST COMPANY Or ST. PAUL B ~d4 y , <...J.."'-Ld.:i -cr ""' . Its ~ " ... --;"...;( v -<.1:.. /' -2--'-4t ..A1 ~ ;.-{- , 1986. STATE OF MINNESOTA ) ) SSe COUNTY OF*ln~J ) I The foregoing instrument was acknowledged thi s \ \-ili day of l':\U(ii.. 6.+ , 1986 by T J S;mriell the Assistant Vice President ~ of First Trust Company of Minnesota corporation, on behalf of the corporation. before me , St. Paul, a l: At..: f. . .(,P-.&,f..." ".f..t.",;.t.t/o&J,". t .,f....r..../. f.I..L.b.&.t. ~ ~ ~.... ~ :../::..~i;~..:.. '" ~~[.t,\~ ~. !.'.~~u'~.J:~~~!~ >- :5 #,/-,:,,::;'. l;v1...f'{ FU,-,uC. r"",,';~;)OTA t ~ '..;:,'. f':.'" c;.,RVt..{ COU;riY ~ ..; ."z:,,'.. :.~, C:;mmis~ion Expire~ l,',';;y 29, 1992 i: ~ ':':~~~t'';1 '$':~t7'l1't."~'W"{~.....'\;,\:':^::\.":":'l:~'liV ~ ~\./\\~ I. "-fYl-Ll.. ~ (.'-~-~.C..( "- Notary Public First Trust Company of St. Paul and Nena A. Amundson, as personal representatives of the estate of Henry E. Amundson, also known as Henry Amundson, mortgagee under that certain Mortgage dated as of July 6, 1979 filed with the County Recorder of Washington County, Minnesota on July 6, 1979 as Document No. - 24 - 392396, hereby consent to the foregoing Declaration of Covenants tt and Restrictions for Oak Glen Country Club and agree to be bound by it. Dated: / //.I ~ ff , 1986 , FIRST TRUS~ COMPANY OF ST. PAUL ""L' ,,/' ,.,' /. 1 ,-t., '/'-r ,'.-c- ,<--~ r-1?~'~ ,>f c...., )'r- By Its //..,. / /_,-". 7,. ( (' .'- " ,/ / " , (" (-' ?- /3- ,1986 /??~ ~t~CL-- Nena'Amundson Dated: e STATE OF MINNESOTA ) ,,) / >t ) ss. COUNTY OF !'LI/,::'i-O""-V- ) The foregoil).g instrument was this J./.Ji day. of {{,"~.'..v( , 1986 by the ;l L ('[- _ {\..t1"-CJ.... -rd- of Fi r s t Tru Minnesota corporation, on behalf of the representative of the estate of Henry E. /) IJ /1..,d /. / f,4~//IJ';~j;r.l Notary Pu lic me " ~~~~~~ ..:~;;;:..c:'':'';'" DONALD T. RALEIGH ~ f!l:' .l.'J......'f!. NOTARY PUBLIC. MINNESOT A ~ .....~h\~ WASHINGTON COUNT'- ~_...., My Comm".,o'l E"p"e. Ser: !j .' """--#"'H~.~~- .. STATE .~F lfiiZlir~n&A ). I ) ss. COUNTY OF VE~~~g ) The foregoir;g instrument was acknowledged before me this /3 day of t~~~ , 1986 by Nena A. Amundson, as personal representative of the estate of Henry undson. t:J"....; OHI~~~I} ~ // ~'~i,<~'~':~. 'r.! --.; ~ ~~J .... r: .:. ~ } : :::-;...., :",\ ETh.. r..J. r , [_IF. . \ I \(;~ ~ ...~t"..~: ~"', r":Oif,f..Y r'~I:",~.!': .. C;,:"!r,I!:::"JU\ I. I ~'.~.~.~._~:~.\ ":// \'!:~riU~.~ CQ~!~TY I.~ ~-~,::",. r.;v CCh1m cnj'cs f.,UG 8 ]" 07 " L-- J. ,,' I .I,J II ~=-;=..:.. ~...~-. ..:.. ,,/ e - 25 - e e e CONSENT OF LUNDGREN BROS. OF STILLWATER, INC. Lundgren Bros. of Stillwater, Inc., a Minnesota corporation, hereby consents to the foregoing Declaration of Covenants and Restrictions for Oak Glen Country Club and agrees to be bound by it. Dated: C:~wG 1\ ::ND '~;~s. \?~~TER. Its f '''-.\.....) ) INC. , 1986 STATE OF MINNESOTA ) ) SSe COUNTY OF \-\t.tJ UErn", ) The foregoing instrument was acknowledged before me this it'"\'.... day of ~~ , 1986 by ~~ C'\-\.a-- , the f{~ L...J of Lundgren Bros. of Stillwa ter, Inc., a Minnesota corporation, on behalf of the corporation. I.~@' ~:~~.t*NNMI. ~ .. NOTARY PUBLIC. MINNESOTA. HENNEPIN COUNTY My Commission Expires June 30. 199Q . . ~ { ~. ~~~.-{ Notary ublic - 26 - .0'... No. ~.M-OUIT Ct..IM DEED Corpotetion Of '.r'ne,~lp to Indrviduet lit ..........-.0... UDUpnn CODWy....rlna alallJn (1ft,,) ",.,..,.o.w-,. Co ....,..,....M'I.. e No delinquent taxe, and trander enl.errd; Certificate of Real Estate Value ( ) filrd ( ) not required Certificate of Real Ertate Value No. ,19_ County Auditor by De ut. ST ATE DEED TAX DUE HEREON: ~ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION. Oak Glen Development Company. A Limited Partnership ,a limited partnership under the laws of Mi nnesota , Grantor, hereby conveys and quitclaims to real property in WashinQton , Grantee (s), COUnty, Minnesota, described as follows: A nonexclusive easement appurtenant to lot . Block e . accordlng to the plat thereof, to use Outlots G, H, J, K and l. OAK GLEN, according to the recorded plat thereof (the "Country Club Property") for recreational purposes as a Class Member. as defined in and subject to all the terms and condltlons of that certain "Declaration of Covenants, Restrictions and Easements for Oak Glen Country Club", dated August , 1986 and filed August . 1986, 1986 as Washington County RegiStrar of Titles Document No:---- . Said Declaration provides, among other things, that the owner of the Country Club Property may charge annual fees and usage fees, subject to certain limitations, and that said membership and the foregoing easement may be forfeited upon certain events. OAK GLEN DEVELOPMENT COMPANY, A I IMTTEO PA~TNrR~HIP Affix Of'C,'d Ta..'\ Stamp Here By It!; ~~~ Its By STATE OF MINNESOTA COUNTY OF WASHINGTON } .. The foregoing was acknowledged before me this by and the and of Oak Glen Develooment Company. A limitpn P~rtnpr~hip under the laws of M; nne S ot a . on behall of the ;-JiOTAlliAi:SWiP DB nA'i.(O'Ko?lEJt'TrTi:iOK'i4Nxll , . I ! da}' of ,19_, . a . NO ACKNOW1.EI)GW~NT alONATUIlE or PI: '1'.. 8..ta",oD" for lb. rooJ pr<>porw d_04 III lblo __\ ....1&14 N ..In to (lDd""'. DAmI aDd. ad dr.. of OUA"'): . I i~' ,".n~"',... DUmD >Y ..~. ~D ADDU"", I : OAK GLEN DEVELOPMENT COMPANY , 1599 McKus i ck Road . i Stillwater, Minnesota 55082 I EXHIBIT A r e e e PI lh I!I ill 1'1 !II . ., /rtA.. li~~/ h?~.~.~ ...~ ~~...... ..~ I"~ .. .....; ~ ~g'~~~ ~d 4~ ~ 8 /S-III,t~ ~ -' ~:L!:~:::':~~j 7H~. J,~.! A-.-A.~,--. ..../~.. ~ '.. ,Z:; ~~ IH . 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'i Ii ii Ii ~ ~ ,.,...e j.J ::'-c.o.-t?~ ~~~ ......dA -z:.~ :! ii ~ ;:zr ~?-~ ~ ..,e,~ II /'--'~ -2f-- S-?~ '7 ~ -tJ'r:- iil~ ~ ~ ~..~. ~ ~r ill./L~ - 1,1 III .i, e &0 "--4. 7! ~ ~ II! ~ ~Q.~~ ~c1" ..~ ~~ ~ !i! ~~ ",,-~.-:Dr- ~ -' ill !it ,. ill ~~ --'''::'~ ~ ---7 ." ~.~ ~ ~c/~ ~~ i;l ill 1'1 iH 1:: I:' Hi i'; Ii: " Ii! I" "~I iil Iii ,I; II,; i: ii ji' II! Ii, --- .rO.. If II ! "~;~~~0.~i..0.~i~"",&~ ~.,-~-~~~_..~,-~., e ;:-----'-,.,'; . .~ .~ ~ ~ ~'~''''-;I-c---r~.-.-.'..........,..,.. I _.'__'''' .............. . . . ....CI~ . _...-;,-.--~,-,,~_.c...~0----"":O- I L~. ~ ~~-... .... ----:-< II . ,.------ ---,-- I!v-/ II :.;0> .~---.:- ~ ~ ~- li~~r~~- 1:1 lq Ii. III&..~ r----- ~ .,......4 d>oz.-t Ili~ ~~~ ;2L-L~- iil~- Iii Iii ~ l'r III -r--. Iii iil ii! !II III "I 1'1 :11 Ilil II Iii IIi .1 II Ii d !il 111 llf tl II I' I Ii II i! 11 ili Iii iii di \H Iii II! ili Iii ill Ii! Iii 'I' II' ill iii - e L ,- If-. ~ MEMO To: Mayor and City Council of Stillwater From: J. H. Gillespie Date: March 3, 1990 Subject: Proposed purchase of Oak Glen Golf Courses I have reviewed a letter, dated February 19, 1990, addressed to you from Thomas Hay. The letter covered an "Information Report on Oak Glen Golf Course." First, a few general observations and opinions: 1. It is in Stillwater's best interest to have the Oak Glen Golf Course well kept and maintained. 2. It is desireable to have the Oak Glen Golf Course available for play by Stillwater residents. e 3. It is in the long run best interest of Stillwater to have Oak Glen continue to be developed with new homes of above average value. While it is comparatively easy to develop a new low cost neighborhood, it is very difficult to create a new upper bracket neighborhood which produces premium real estate tax revenue. At great cost to investors and lenders, Oak Glen has a good start on becoming a recognized upper bracket neighborhood. But that good start could easily be lost. Stillwater has much to gain by maintaining the image of Oak Glen as an upscale development. 4. If the City of Stillwater does not purchase the golf courses, then it is reasonable to expect that an investor/speculator: a. will purchase the Industrial Revenue Bonds which are secured by a first mortgage; b. will accelerate the maturity of those bonds; c. will foreclose the first mortgage; and d. will, after struggling with bankruptcy filings and redemption periods, emerge as the owner of all Oak Glen property. e Basically, for a $3,000,000 investment, an investor/speculator would own the entire Oak Glen development, subject only to the delinquent taxes and the unpaid assessments. This would have several consequences: ~ >;;; I.t) ~ "'1' ' '" Oak len would become known throughout the metr politanarea as a failed project. e ii. uld be difficult to recreate the prestige imag of Oak Glen. Therefore, it would be diff'cult to develop additional upscale housing there. iii. olf Courses and Club House would be for to the highest bidder, foreign or dome tic, or would be operated for profit by the 'nvestorlspeculator group. This could be far ess pleasant for the neighboring home wners than City ownership would be. With City ownership, those owners know who to call and he phone will be answered in English. 5. The City Sl ould not pay more than a fair price for the golf curses. One definition of a fair price would be a price at which the courses would be self liquidatin - so that no financial burden would fall upon the t xpayers of Stillwater. COMMENTS ON THE III FORMATION REPORTII: 1.. The develo er's cost estimates for the 27 holes, club house and maintenance equipment appear credible. e 2. The cash f informatio are open t a. The see 180 60 bet Nin day hol 64, b. Rev at ' dif con ow estimates on which all purchase price and debt service projections are based some question: estimated rounds of play and greens fees reasonable. (April 15 - October 15 = days. Average day is 8AM - 5PM = 9 hrs x inutes = 540 minutes. Six minutes een foursomes = 540/6 = 90 foursomes. ty foursomes = 360 rounds per day x 180 = 64,800 potential rounds per year on 18 s. Then, 43,180 projected paid rounds 1 00 potential rounds = 66% utilization. ] nue from the driving range, estimated 36,790 during the first year, will be icult to achieve. The developer's ract with the golf pro gives the pro that con ession. Rev nue from the pro shop" estimated at $5,000 the first year, will also be difficult to chieve. The developer's contract with the golf pro gives the pro that concession. c. e ..-, ..::. ... " .. e d~ The projected revenue from food and beverage, estimated at $70,185 the first year, will be difficult to achieve~ The developer's contract with the Concessionaire calls for compensation equal to 4% of gross sales~ Gross sales would have to equal $1,750,000 before revenue available to the city would equal $70,000. Annual figures I have seen would put 12 month's food and beverage sales closer to $500,000 and the contract with the Concessionaire does not contemplate 12 month operation. In addition, the Concessionaire has two one year renewal options. 3. One adjustment that might be made would be to pay the golf course manager a salary equal to 100% of the net food and beverage revenue. That salary is projected at $75,000 and the food and beverage revenue is projected at $70,000. Tying one to the other could neutralize any error in the projection~ 4. It is not credible that one person can, at one time, provide full time golf course management and full time real estate sales promotion and supervision. e C' "J. The golf pro has a $12,000 base salary. I did not find this expense covered in the cost projections. The opinions and observations stated above should be considered in light of my experience, background and conflict of interest. 1. My undergraduate college major was economics. 2. My eight years of law practice with a major Minneapolis firm were primarily spent on real estate matters. 3~ During the period 1971-1980, I was actively envolved in the development of residential property - 1971-75 with Edenvale in Eden Prairie, Minnesota and 1975-80 at Rio Verde, Arizona. Each of these developments featured a golf course as its major attraction. e 4. From late 1980 to early 1990, I had an interest in the Cosmopolitan Bank. That bank made a loan of approximately $283,000 to Oak Glen Development. now the trustee of a trust which owns and would to collect that debt~ Sale of the golf courses the City would facilitate collection of part of debt. I am like to that 5. I do not play golf. ..,.. ._~ Z?-A?/J'1d~_5-L-#/L:L.7E~J.._/9 ../99.R .~~~~~-_. ,/ ._ L/$ .re:-C tt?-C'L/c;,/9T/~/v';1 - ?J4R C;~/I~ #EvEL.d/~EA// U e ~E 'c/Nt?L/EA/r 7/?JtES fe #55c$,s/J"JEA//S ./, L/1N'd/t"t /9~~ /9$~ /9;9 ,&j5-~,fPJI"I'/~ t, a,~7d'/t'/ /!J,7 /9J'~ /?G? 7dxe~ ?- 1,/ j, /v~/?C?/~~~ L./ //J/e"~6.~ ; ~. m/~C. h~~ Ct'/~/V.T 7/jX'~ i .l955E5SNEA//5 " /, /9/fp //$5e$$Afe'Ah 2, /Si'-9.c ~ 5tt?,,?t! 6/ hiKes .1;, /9917 &o/,/" 4pr~e 7;;.t~s ~ //l~~4Je ?;;7J(e.$- 9~9$'91/ ./ ~~9~~? ; /~ 7~4I / ? 2- ~/E , r ~ c.~y / ~9 7~~ / I /~-6S~# ; .$~ ~/7 / ~t? tt'~, / /~~ ~~~,./. L/~.J tP#S" ,; ....-- $Z ~3Z. ??,3 / / $L/r,Y ;J;;.qL - .c7E~7]' CW.edG..e'VE..RA/A;1~A/.r e 5EcL./~c,(7 CA!'E17/lj~.5 ~ ~h1t?'-: M;,P~ t'~ - ~/ Av ~ /N~~e hr //u/U.5md/ R"e-V~At/& ~n.d~~/ql"" 'Z, fec~4d ~/I~Pf~ <Yt:rn4- ~n~ - LQ~6'd"t) ~>$~tJh.k'1 / l!"'#~~M/ -U//tdokr ~, ~/J/1Y '#'I1u;~tJ?r? Ejm~ VA/fec.(/A!!'EU' c:'~E//~~ ~ L~k E4~ f:&~ ~dA. z., /Y /l/oh"'4~/ ~~ - f/ /60/ 17, 7Mrk 4c:.<:.e:u.Mh ~ Lepo/ /.:e:e$ /;P'aL- G./~rEL7:t7edr5. ~ ~CJ~ 7';;' ,/ /IJ~ ''''~ ./ }.J'~ t?"'''' / ;"'4 ~,~ / ./ /~~~~ . // 7tP6 7$17 / ,/ UP,; tfflt"'t' Z. t./ / e;(Je' ,; z,~,/ (f!~1J) 7S; t'~. 7/d. ~t:'C - .. ,/ "..' ----= .~ 7 ~5S- 5'"&/3 " /. e ",curuA?E ~4L/6#/?~/Y5 7P tJLE#R 7/ra=- , ,./, ~~~es?/#~~l& 4 Ay t1/r ~/1JV: &~ ~ /~t5? ~/f, z- 4'U;/.f)L// C:;/;!;,4",? 4/ Atl4~/"S ~j1A"4 ~9'5 "/'e:.--- - /Rr~L. ~".fk 6LEA/ ?7E/JrS V ?JJ~;/z ,/ , ----- ~ 9' //;?~ ff$'S'" / I e e e e No. 263 - Application for "ON SALE" License lor Intoxicating Liquor. , - - -.......- , ~ v~ I 'CJ BUSINESS RECORDS CORPORATION. MINNESOTA {' ~f-1..-tlL'/ ~'/ . D2'L.-c.~:- <--L--L./ /~ '--.-/...-A-t:.,'\.,':--.Lfe c/ I "ON SALE" ~tate of .minnesota, t \ ,lIUNICIP,IlLITY OF........ COUNT Y OF............................................................. TO THE GOVERNING BODY OF THE ,4.BOrE .7(,/,1[ ED ,lIUNICIP,IlLITY: Pursuant to Chapter .46 of the laws of .1Iinne./);JeCiaZ Session of 1.983-4....................... ::~=e.=~.~....~..l;=~~: as defined by Zaw at retail- onZy f07' constHnption "O.V THE PRE.1IISES" described as folloU's:. . ............. .HH&JrU::~(!'-' ~~ .. ... ........ /. .....7...1.......'yk.. ~ .. .... . . ( ......."......................................in said 1nunicipaUty, on which premises.d/t..............contro~a._(and operate a ,~6~~~H; and to that(~ re~nd .tate; That said municipality i. a......~JB~..\..J.L. .................~H...... ................... ......................... ...................... ............................. ................................... U'hich has a population of ............/.3l".....~..L9..................................................andll.hich does not nw.intain an e.l:clusive liquor store; That said.....~m-..d...~..~.~~..iS an estabUs7nnent having a. resident proprietor and manager and the following eqLdp71tent and facilities,.. ........... ~~k~~.~7:~;~ ~~..~ PV~H .............~...~.. .~........~..~. That said applicant~......................citizen.<U;.of the United, Sta~s,.............................................over twenty-one years of age,...................................of good moral character and repute,~~........not, since the enactment of the act above specified, been convicted of any wilful violation of any law of the United States, or of the State of Minnesota, or of any local ordinance, with regard to the manufacture, sale, distrwution, or possession for distribution or sale, of intoxicating liqlwrs, and that no license issued to................... ...................... under saicl act has ever been revoked: That no manufacturer or wholesaler will own or control, or has any financial interest in, the business of selling intoxicating liquors at retail on said premises, nor power to exact or require, by con- tract, uncZerstanding or otherwise, said applicant...... .....to handle or sell only the products of such manu- lactl~rer 01' wholesaler: That no other retailer's license has been issued, directly or indirectly, to said applicant...........or for said premises; that no license of a class other than hereby applied for has been issued to any person at said premises; and that said premises are neither oll'ned 07' controlled by any person to whom no license could be issued: That said prendses are not within any area u'ithin which the sale of intoxicating liquors is pro- hibited by the laws of the State of .1finnesota, the provisions of any charter, ordi,nance or special law, 0/' through zoning ordinances, proceedings or legal process regularly held for that purpose: That said applicant...........hereby agree............that any license granted pu"rsuant hereto shall be non- transferable without consent of the authority issu,i ng the same; that said license shall not be effective until a permi.t shall be issued under the laws of the United States in case such permi,t is required under mirZ laws; and that~~will keep said license posted in a conspicuous place in said premises: That this appllCation is made pursuant and subject to all, the laws of Minnesota, the laws of the Cnite(Z States, the ordinances and regulations of said municipality, and the regulations of the Liquor {'OIdroZ C07nmissioner of .ilfinnesota, relating to thr sale and places of sa,le of intoxicating liquors, all of which are hereby made a part hereof, ancd WhichfjfzJk-:.00. hereby agree.......to observe and obey. ,.., e r ~tatt of .:fflinnt5'ota, COUNTY OF............................... Municipality 0 f.............. ..... .............. ....... ........ .... '................................. .-, ... .................. APPLICATION OF ................................................................................................ ................................................................................................. For License to Sell Intoxicating Liquors at Retail "On Premises" at ........................................................................................ ................................................................................................ in the............................................ol... ......................... ................................................................................................ Filed this.......................... day of........................ ..................................................................19............. ................................................................................................ ................................................. .....Clerk. License tranted .......................................19............ Expires .........................................................19.......:.... BUSINESS RECOROS CORPORATION. MINNESOTA ~ e <:1- ~ ~ ~ ~ ~ .,.... .,.... ~ i-.. ~ ~ ID [<1\' '" ~ :,\) ~ i'~ ~ !'.. ~ ~ . ...... ....... ~. ;;t€,.j:<-.- ~~ .;, ~; ~ ~: ( .s 'jl ?; ~l:." ~ ~ ~ t:. . - ~~ . $ g ';.: - ..K:: ~:J i7 ,c. "n' ~ rn .;; '~j ~ ~ ~ S~. <'~ ! ~ ~~ C ~{.":~: ~~g ~;: ;:,' . f f f.., ,t..' (:~. ~~ ~ 'J -, ~ ~ ,- ~ y (0 )" ,'---. ," : l'\ . ~; ':;: 9- ~ ,"y":;,) :,~ <..\' : ~ 1\ ~ <:;. ~ ~ !>'> ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ). ~ ~\~ :' b:l . ~ 'ti- ~ e ~ ~ ~ <:l ~ ~ ~ ~ .,.... (:II <:;. e ~ ~ ~ ~ ~. ~ ~ ~ .. ~ <:l "t:l ~ ~ ~~ ~ ~. .,.... ~ ~ ~ .,.... <:1- ;::t C> O' ~ ~ <:l o' ~ ~~ ~~. ~ ;::t ~ ~ ~ <:1- ~ <:;. ~ ~ [ ~ ( <:;. ~. ~ ~N ~ "" : ~~ ~ "" ~ ~. ~ ~ ~~ ~ ~ ~. ~. ~ ~ e ~. ~ ~ ~ ~ ,; <:1- ~ ~ ~. . a ~.~: ~._~ ~. . h3 ~.: ~ .. ~ 11 '" .,.. .,.... .,.... ~ I:) <:l <:;. ~ I:) "j ~ ~ ~ ~ ~ <:;. ~ [ ~ "" ~ ~ ....". ~ ~. ~ C> <:1- ~ "" "" ~ 8 <:1- I;l (:II ~ r ~ ~ ;::t .,.... ~ ~ '-v--' ?t e ~ ..... ;g ..... ro. b ~ <:1- t\ :' ~ :~ i-.. <;0 ""0 !e.. e ....... ~ ~ '" <:1- ~ ..... (':> C <:1- :::- ~ ~ 0; '9 .... -. ~ ~ "" ;::l ...... ." ;:) ..... ....... c <"'> '-l "" ... cb 'to. '" .,.. "" I;l <:1- .,.... C ~(:II .,.... ..... ~ ;::I ~ '-- v I' ($) ... DAVID MAWHORTER ""'UBLlC SAFETY DIRECTOR illwater ,~ :::---.:: ---- 'r\. THE BIRTHPLACE OF MINNESOTA . J EMERGENCY TELEPHONE: 911 STILLWATER POLICE DEPARTMENT TO: FROM: D.P. MAWHORTER L.A. MILLER RE: LIQUOR APPLICATION - RICHARD J.ANDERSON 021990 DA TE : BACKGROUND CHECK ON ANDERSON IN REGARDS TO THE ATTACHED APPLICATION AND/OR PREVIOUS LIQUOR VIOLATIONS. IS ~GATIVE ON CRIMINAL HISTORY VC;~ L. A . HILLER , /5~/~- /7/ 1/. -, j(! V ((, l~ e e 212 North Fourth Street, Stillwater, Minnesota 55082 Phone: 612439-1314 or 612-439-1336 e r illwater ~ ~ T H :-;-1 R T H P LAC E 0 F M INN E SOT A i') DATE: PLANNING COMMISSION PLANNING DEPARTMENT FEBRUARY 7, 1990 REQUEST FOR MODIFICATION OF VARIANCE TO CONVERT SECOND LEVEL OF A GARAGE FROM STORAGE SPACE TO HABITABLE SPACE. CASE NO. 619. GARY AND MARY WILLIAMS, APPLICANTS. TO: FROM: SUBJECT: e The request is to modify a condition of approval of a previously approved variance for construction of an attached garage with substandard setbacks. The original variance was to construct a garage with a three foot sideyard and three foot rearyard. The sideyard setback requirements for a garage with no habitable living space in the second level is five feet. -When living space is added to the second level, ten feet is required. The rearyard setback for an attached garage is twenty five feet, the same as a garage with living space above. The owner is requesting to convert the second level storage area of the garage to living space (not a bedroom) according to the letter of application. There will be no change in the exterior appearance of the structure and no change of use. It does not appear that the modification would adversely impact the adjoining properties. If the request is approved, the structure may need to be modified to allow living space above the garage. ~ RECOMMENDATION: Approval. CONDITIONS OF APPROVAL: 1. A building permit shall be obtained for the conversion of the second story space. ATTACHMENT: - Request for modification. - Minutes and Staff report - City Council meeting 2/3/87. PLANNING COMMISSION RECOMMENDATION: Approval. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e Gary and Mary Wi 11 i ams 424 W. Churchi 11 St. St i llwater, MN 55082 'f?V f C. j' . J:~~ir~' ~ t,./iv\'" ;l..t;.~ ~'1IlU/l ~r~lf \.l' /l''-' /!/lI' i.J # d'\,A/V' ,,", i ,,'fI j/h <!i Dear members of the Planning Committee and City Council, - This letter is being written to request your approval of a modification in a variance granted to us in Apri 1, 1986. The variance granted was for construction of an attached garage with attic storage above the garage. Our request at present is to be allowed to change the unfinished attic space above the garage into a living area. (non-bedroom). Our original plans brought before the planning commission in January of 1986 included a second story above the garage for living quarters. However, in resp~mse to our next door neighbor's objection the plans were drastically reduced and the living space was omitted. With eleven family members, our need for additional living space is still present. Our intent is to remain in this house indefinitely. Also, we feel that the situation at present is different enough from 1986 to warrant a review. The neighbor who opposed our addit~on passed away over a year ago. Our new neighbors, who occupy the residence to the north of us, have no objection to our plans. The proposal we present is to insulate and finish the garage attic into non-sleeping living space without changing the outside appearance or dimensions of the structure. We ask for your kind consideration of this request. ! e Sincerely, Gary and Mary Williams .~uJ~~ ~~ m~M?'d e STEPHEN & AMY SCOTT 416 WEST CHURCHILL ST. SnUWATER, MINNESOrA 55082-5731 1 November 1989 Dear members of the Planning Committee and City Council, We wish to convey to you our support for Gary and Mary Williams in their request for modification of a variance as concerns their garage. 1a e They are requesting to insulate and finish the attic of their existing, attached garage into non-sleeping living space. We live to the Williams' immediate east, in closest proximity to the garage in question, and have no objections whatsoever to the completion of this project. Thank you for your consideration. Sincerely, ~w-. Amy B. Sc.oti ,0~J c$? Stephe.n P. Sc.ott e 817 S. Seventh St. Stillwater, MN 55082 612-430-3198 J'o." (Z, ! '1C(O e To the members of the City Council; We are writing this letter in support for the continued con- struction of the addition to the home of Gary and Mary Williams, located at 424 W. Churchill Stillwater, MN 55082. We have no objections to their making the room addition over their garage. If you have any questions or desire further information, please contact at the above listed phone number. Since~-ilJ U1;V /la{J,~/ /fiJ17~A Mark A. MacGregor ~ a e e e e h 11j l:;~ .e ~ . .... ~;.:.~:~ ~:1t~ " RECESSED MEETING STILLWATER CITY COUNCIL M IN UTES February 3, 1987 7:30 P.M. The Meeting was called to order by Mayor Abrahamson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordintor Kriesel City Attorney Magnuson Comm. Dev. Director Russell City Clerk Johnson Press: Lee Ostrom, Stillwater Gazette Carol DeWolf, St. Croix Valley Press Others: Ray Kirchner, Dr. & Mrs. Gary Williams, Jeff Peterson, Jerry Fontaine, Kit Carlson, Paul Keleher, Bob Dieke, Jim-Weber. ~ APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of December 1 and December 23, 1986 as presented. (Ayes 4; Abstain - 1, Mayor Abrahamson abstained) Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the minutes of January 8, 13, 20, and 26, 1987 as presented. (All in favor) INDIVIDUALS AND DELEGATIONS - None Presentation of Plaque to City of Stillwater Councilmember Opheim presented a plaque to the City of Stillwater from Rivertown Restoration in recognition of redoing the Gazebo in Lowell Park and Mayor Abrahamson accepted it on behalf of the City. PUBLIC HEARINGS 1. This is the day and time for the public hearing on a request for modification of approved plans for construction of an attached garage with variance to the side and rearyard setback requirements in the R-B Residential Duplex District, Gary Williams, Applicant, Case No. 619. Copies of the notice were mailed to affected property owners on January 22, 1987. 1 e Stillwater City Council Minutes Recessed Meeting February 3, 1987 Mr. Russell presented the background of this case, stating this was a modification of the former plans which included windows, door and dormer to the residence at 424 W. Churchill St. The footage of the variance has not changed. Ken Buege, 814 So. Sixth St., speaking for himself and a neighbor, Mrs. Bartkey, who lives next to the Williams, spoke in opposition to the modifications, stating this will block Mrs. Bartkey's view. Also, this may set a precedent for others to take the same kind of liberties in changing approved plans. Mrs. Bartkey also stated her objections to the building. Also noted, was a telegram from John and Joy Virden, residents of Bethesda, Maryland, who own a home in the neighborhood, objecting to the bu il ding. . 09 ~r~~-'- . + .. .. Dr. Williams-_::seviewed the-ev.e-,]1:?'of-hisobtaining' a.)',ariance for his addition. He explained that the footage of "the' variance' has not changed, but windows, door and dormers were added and this will make the addition more attractive. ~. e Ken Hannah, 416 Churchill, agreed with Dr. Williams, stating the building is more pleasing with the modifications. Dr. Williams added that the new structure is replacing an old garage, which was more unsightly, and could not be rebuilt. Mayor Abrahamson closed the public hearing. Council discussion followed and addressed the misconception that this addition is two stories, the second plan was not heard by the Planning Commission, and the request before the Council tonight is not to change the variance, but to allow windows, door and dormers, and the plans are essentially the same as those which were approved. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the modification of approved plans for construction of an attached garage at 424 W. Churchill, Gary Williams, applicant, Case No. 619. (All in favor) UNFINISHED BUSINESS 1. Six-month review of Special Use Permit for the storage of more than one commercial vehicle or article of equipment in a residential district at 1504 So. Greeley St. in the RC-M District, James Weber, Applicant, Case No. 657. e 2 e ~ illwater "~ - - ~ --- -~ THE BIRTHPLACE OF MINNESOTA J DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR JANUARY 28, 1987 TO: FROM: SUBJECT: Modification of approved plans for construction of an attached garage with a variance to the side yard setback requirements. Gary Williams, Applicant. Case No. 619. BACKGROUND: e The City Council approved a request for construction of an attached garage with a variance to the rear and side yard setback requirement on April 1, 1986 (minutes attached). The approved pl ansto not show a dormer on the front elevation of the roof, a window and door in the gable ends of the structure and a spiral staircase providing access to the second level of the garage. The original plans are attached. During construction a neighbor called and complained about the building not being built according to plans approved by the Council. Upon inspection, the dormer was noticed. The plans submitted for modification also show the added windows and stairs. A part of the City motion to approve the plans was that the second level of the garage be used for storage. No windows or easy access was provided to the area. The revised plan makes access to the area easier and the space more desirable. ~ ACTION BEFORE THE COUNCIL: The Council can consider the changes to see if they are consistent with the original plans or if the structure should be built according to original plan s . ATTACHMENTS: Council Minutes - April 1, 1986. Original Plans Letter and Revised Plans. It y~ C1b61G~ ~ ~~~ CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 .... e RECESSED MEETING , STILLWATER CITY COUNCIL MINUTES April 1, 1986 7:30 P.M. The meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson. Present: Councilmembers Farrell, Kimble, MacDonald and Mayor Peterson. Councilmember Bodlovick Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Davis Building Official Zepper Finance Director Caruso Public Safety Director Mawhorter City Clerk Johnson Others: Jim Lammers, Jack Dielentheis, Marv Simon, Mary Simon, Ward Simon, Mike McGuire, Roberta Opheim, Tom O'Brien, Art Palmer, M. Palmer, L. Eckberg, Dean Miller, Sally Evert, Jack Evert, Don Raleigh, Maurice Stenerson, Bob Briggs, Deb Payson, Clayton Patterson. ~ e PUBLIC HEARINGS f-1. This is the day and time for the continuation of the public hearing on the request of Gary Williams, 424 W. Churchill St., for a 9 ft., 3 in. Side- yard Variance, and a 22 ft., 6 in. Rearyard Variance in order to construct a one-story addition for garage and storage area. Case No. 619. Notice of the continuation of the hearing was mailed to affected property owners. Dr. Williams presented the changes for his plan. He has eliminated all living area and cut the addition down by one story. He still plans to have the lot surveyed before building. He has also eliminated windows from both sides of the addition facing the neighbors. Mr. Zepper explained that a 22-1/2 ft. rearyard variance, and a 9 ft., 3 in. sideyard variance is required. , , Ken Buege, 814 So. Sixth St., questioned the east and west lines of the proposed additions and stated this will still be encroaching on Mrs. Bartkey's view. He said she is crowded now, and the situation will become worse with the new addition. Mayor Peterson indicated a letter has been received from the Jon Virden family at 813 So. Sixth St. opposing the plan. Mayor Peterson closed the public hearing. e 1 .,,; ,~t , " e City Council Minutes April 1, 1986 Recessed Meeting Motion by Councilmember Farrell, seconded by Councilmember MacDonald to ap- prove a 22 ft., 6 in. rearyard variance and a 9 ft., 3 in. sideyard variance in order to construct a one-story addition for garage and storage area by Gary Williams, 424 West Churchill St. (Allin favor) 2. This is the day and time for the public hearing on the request of Mark Clemenson, 908 So. Sixth St., for a Special Use Permit to operate a shar- pening service in the garage at the above address. Case No. 625. Notice of the hearing was published in the Stillwater Gazette on March 21, 1986 and copies were mailed to affected property owners. Mr. Clemenson explained that he will be running a sharpening service in his double garage. He will be running the operation during the day and up to approximately 8:00 P.M. The garage is insulated and noise will not be a nuisance for the neighbors. Dean Miller, Planning Commission, stated the Commission voted to recommend approval and suggested that any sign be 2 sq. ft. or smaller. a e Mayor Peterson closed the public hearing. Motion by Councilmember MacDonald, seconded by Councilmember Farrell to grant approval for a Special Use Permit for a sharpening service by Mark Clemenson at 908 So. Sixth St., with a one-year review, and a sign no larger than 2 sq. ft. to be attached to the garage. Discussion followed regarding the placement of the sign. The motion was amended to read the sign shall be attached to a building. (All in favor) 3. This is the day and time for the public hearing on the request of Harvest States Cooperative/The Surplus Outlet (old Warehouse Market), 14460 No. 60th St., for an 8-1/2 ft. Setback Variance for a new sign on an existing standard. Case No. 626. Notice of the hearing was published in the Stillwater Gazette on March 21, 1986 and copies were mailed to affected property owners. Rick Larson, store manager, was present to explain that they are using the sign works from the old sign and would like to mount the sign posts on the existing pylons already set into the parking lot. Mr. Zepper explained the setback requirement is 10 ft. and the sign would sit back 1-1/2 ft. from the property line. The problem is that there are 5 yds. of concrete which would make moving the sign difficult. The sign would line up with Joseph's, Fred's Tire, and the Cadillac dealership; and would place the sign further out than Crown Auto and Burger King. e 2 ;:_...;~~ t--':~ ".:'. ~-' :. '-f 'G~~~?;?Wi~~~~ .... ..... ~~Ai~~~~~~.'~~~~! . .. . -. ..._,.... .~~w~~ii4~x* . ,. ......' . ,":. . ~ . ':it.~ ::~" :..,~::~.~;"~>::; , .;:~il~~~li~n ~;~~:.I.~:~.-'':''-)j t~.';,~~ I:~~~ ~..;;,;:,.---'~".~ - /"'. /'~ /;1!r=:... ,- l~ "'t, ~/ J r- .___J___~ __.__~~,,, ~==- n' -- ,H" r ", . WI: );;~ .. , '1' I ;! ~I i! ,~ I! 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I:."'. ..:~r..,.I........,..:r~ I;,,:.. 1:;::(rT~f.l~f.:-i ..... ,", " e PLANNING APPLICATION REVIEW CASE NO SUP/90-2 Planning Commission Meeting: February 12, 1990 Project Location: 210 East Laurel Street Comprehensive Plan District: Two Family Zoning District: RB Applicant's Name: Vern and Sharon Stefan Type of Application: Special Use Permit PROJECT DESCRIPTION: A Special Use Permit for a five guest room Bed and Breakfast including approval for special event activities of 50-75 people and conversion of the Carriage House to detached residence. e DISCUSSION: The request is to establish a five guest room Bed and Breakfast and to conduct special events with groups of 50-75 people as previously approved for the residence. The applicants have stated their intentions are to run the five guest guest room inn under a new name "Pioneer Point on the St. Croix". The owner/manager will reside in the home. Only breakfast will be served as the basic compensation. The home is located on an 85,000 square foot lot overlooking Pioneer Park. The area is large enough to adequately support special event functions. The site is also large enough to accommodate renovation of the Carriage House into living quarters for family members. The RB, Two Family Residential District requires 5,000 square feet per dwelling unit. t The parking plan shows that all guest parking will be on-site leaving Laurel Street open for public parking. As stated previously, special event functions for 50-75 people are planned. Conditions were established for the previous owners to meet building and health codes for these functions. The conditions were also established so events at the Inn would not interfere with events at Pioneer Park or disturb neighbors in the area. No sign plan has been submitted for the use. The applicants are allowed an identification sign not exceeding four square feet. e The home is located within three blocks of another proposed Bed and Breakfast site (refer to Case SUP/90-3). The Bed and Breakfast Ordinance prohibits Bed and Breakfasts within three blocks. This was integrated into the Ordinance for two reasons. One, the preservation of residential neighborhoods was the greatest concern. Commercial uses have an impact on those residents due to an increase in traffic and pedestrians. Two, a majority of the lots in the RB and ROM zoning Districts do not have excess space for additional parking. It is e e e not City policy to allow on-street parking for commercial use. This site is an exception due to its large lot and its location next to Pioneer Park away from neighboring residential structures. Based on these characteristics, the home at 210 East Laurel Street is an excellent site for a Bed and Breakfast. It is set apart from the neighborhood and is large enough to accommodate parking. Its location next to Pioneer Park and the historical architectural integrity of the structure creates a wonderful setting for a Bed and Breakfast. CONDITIONS OF APPROVAL: See Conditions "A" and "B". RECOMMENDATION: Approval. FINDINGS: The request for a Bed and Breakfast permit meets the intent of the Bed and Breakfast Ordinance. The location of the home is conducive to commercial activity such as a Bed and Breakfast and is also an adequate location for large group gatherings. The use of the home will not have an impact on the adjacent residential neighborhood. ATTACHMENTS: - Letter to Commission and Council. - Site plan. - Letter to neighbors. ~ PLANNING COMMISSION RECOMMENDATION: Approval. e e e . " IIAII CONDITIONS OF APPROVAL VERN AND SHARON STEFAN - 210 EAST LAUREL STREET 1. The Special Use Permit is issued to Vern and Sharon Stefan and is not transferable to successive owners. 2. The approved operators of the property shall reside and operate the Bed and Breakfast. 3. Five bedrooms and ten guest maximum shall be allowed at anyone time. 4. The parking spaces shall be provided and signed as shown on the proposed site plan. 5. No liquor to be sold on the premi ses. 6. Breakfast may be served only and only to the guests of the residence. 7. The Special Use Permit shall be reviewed by the Planning Commission upon h complaint. 8. The structure shall be inspected by the Fire Marshal, Building Official and Health Officer as required by such a use before the Bed and Breakfast begins operation. 9. A sign permit application shall be submitted for the business and approved by the Community Development Director. 10. No additional signage shall be located on the site. 11. The previous Bed and Breakfast Special Use Permit issued to the Belz Case No. SUP/87-38 is null and void with the approval. 12. The Bed and Breakfast shall connect to the City sewer service by May 1, 1990. 13. The permit supersedes all previous permits for the site. 14. This permit shall be reviewed one year from this approval (February 1, 1991). "B" e CONDITIONS FOR SPECIAL EVENTS 1. A maximum of eight special events (defined as bridal and wedding showers, anniversaries, weddings, and wedding receptions and church functions) are allowed per month with no special events July 4th weekend or Lumberjack Days weekend. 2. All special event participants shall park on Second Street in front or to the North of the Bed and Breakfast on the north side of Laurel Street or on-site. 3. Limit of groups: 75 capacity during the summer months, 50 capacity during the winter months, as approved by the Building Official, unless temporary permit obtained.* 4. Food must be served by a licensed caterer. 5. Hour limit of group functions not to exceed 9:00 P.M. 6. No open bar on premises for above groups. However, champagne will be allowed on a two person/one bottle limit. 7. No persons to leave premises of the Inn with alcohol. 8. No live bands or loud music. 4It 9. Innkeepers must be present and visible at all times. ~ 10. This permit shall be reviewed one year from this approval (2/1/91). * If during the summer months someone approaches for a larger function, it would be possible to submit to the City for a one day Special Use Permit. e e e e January 24, 1990 To: From: Members of Planning and Zoning Commission Members of City Council Stillwater, Minnesota Vern Stefan 717 6th Ave. South Stillwater, Minnesota Enclosed is request for Special Use Permit of property located at 210 North Laurel currently known as The Over- look Inn, to again be used as a bed and breakfast under the new name, Pioneer Point on-the-St. Croix. The owners will occupy said residence and rent five of its rooms on a nightly basis, ten guests maximum, serving breakfast only as part of its basic compensation. The barn on the property will be renovated to provide unrented living quarters for family members. The property will provide off-street parking for a minimum of five guest and two resident spaces. (See attached drawing.) Dining facilities will be used by registered guests only unless allowed by a separate permit as a special use. Signage, liquor use and lighting w~ll be in accordance with city ordinance. Use of private septic sewer system will -be terminated and sewer system will be connected with city system in April 1990. " .. Special Event Permit is also requested as per the conditions previously listed for former owner. County Health Officer, Angie Wheeler has been contacted regarding our intent and we have received a letter from her listing the improvements needed to meet the county health requirements for licensure. A letter will be sent to adjacent neighbors informing them of our intent and requesting any questions or concerns they may have in this regard. Thank. you hor your assistance, 1/~-~ y/Jic/a-v-J Sharon and Vern Stefan Keri Stefan Tim and Amy Stefan --..- '" - -'- ~ :.) Ii i : ,/ ~ , f~ I I . \- t!! L il -------- - .-=C"'-- i= -- --~~- -- - --,-- --.. ----~-~---~----_.::-- .::::..---~----:- -- . ----- - ---- . , 11"1 --~-~- Ul ~ ~ ~ '2 ~ ~ ~ u..~ ~-- s::~ &L)~ -:Z~ ... ... ....- e ~ -- dJ '?1' ~ ~ '.Z ~ lJ I I lU ':J 2 \u ~ J "d) .. ~ :::> <: -1 c = ~ + ~ ~ lU -:z. Q 0- "2 . 5~ I.\..~ ~! 2t! ~~ e e January 26, 1990 Dear Neighbors, We are in the process of purchasing the Overlook Inn and as neighbors, would like to know your concerns and any input you may have regarding operations of the inn. Our intent is to continue to use the residence as a bed and breakfast. We do not propose to make any changes from the original permit issued to the previous owner. All changes will be cosmetic and updating to further. enhance the property. "'- .-~ e Our application for a Special Use Permit will be reviewed by the Planning and Zoning Commission on February 12, 1990. Prior to this meeting we would appreciate any concerns or comments you may have regarding our request. Please call us at 439-5508 or write us at 717 Sixth Avenue South, Stillwater, Minnesota 55082. We look forward to meeting you~ SincerelY'/I ~.J4~ .J Vern and Sharon Stefan Tim and Amy Stefan Keri Stefan e e e e . PLANNING APPLICATION REVIEW CASE NO. SUP/90-3 PLANNING COMMISSION MEETING: February 12, 1990 PROJECT LOCATION: 102 East Cherry Street COMPREHENSIVE PLAN DISTRICT: Multiple Family Residential ZONING DISTRICT: ROM APPLICANTIS NAME: David and Janel Belz TYPE OF APPLICATION: Special Use Permit PROJECT DESCRIPTION: A Special Use Permit to establish a two guest room Bed and Breakfast in a home at 102 East Cherry Street. DISCUSSION: The request is to establish a two guest room Bed and Breakfast. The applicants have stated their intentions are to transfer the name "Overlook Inn" from the previously managed Bed and Breakfast located at 210 East Laurel Street. The owners/managers will reside in the home. Only breakfast will be served for the basic compensation. ~ The home is located on a 50 ft. x 126 ft. corner lot. The structure is quite large and takes up a majority of the lot. The site is located in a very high dense neighborhood with homes abutting property lines. The parking plan shows four parking spaces in the rearyard. After inspection of the site, this location does not appear to provide enough space for four cars and provide adequate vehicular ingress and egress to the site. There is also no on-site pedestrian access from the parking area to the front entrance of the home. The applicants have stated they plan to place the existing "Overlook Inn" sign to identify the business. The sign meets the requirements of the Bed and Breakfast Ordinance. The home appears to be one hundred years old but does not have significant historical architectural features. The home is located within three blocks of another requested Bed and Breakfast site (refer to Case SUP/90-2). The Bed and Breakfast Ordi nance prohi bits Bed and Breakfasts within three blocks. This was included in the Ordinance for two reasons. One, residential neighborhoods are the greatest concern. Commercial uses have an impact on those residents due to an increase in traffic and pedestrians. Two, a majority of the lots in the RB and ROM Zoning Districts do not have excess space for additional parking. It is not City policy to allow on-street parking for commercial uses. e e tit .I OVERLOOK INN 210 E. Laurel st. Stillwater, MN 55082 February 7, 1990 TO: stillwater Planning Commission and City Council Members As of February 28, 1990 our residence and business, The Overlook Inn, Inc. located at 210 E. Laurel Street, will no longer be in operation due to the fact that we have lost our lease. However, as luck would have it, it has been our good fortune to obtain the ownership of a new home at 102 E. Cherry. At this time we are requesting the transfer of our special use permit for the Bed and Breakfast business to our new residence. At the present time, the home is a tri-plex. It is our_wish to convert to a 2-room Bed and Breakfast along with our family residence. We have come to know and love the Bed and Breakfast industry and the knowledge that its income contributes to the restoration of older homes. ~ Thank you for your consideration in this matter. B:r1J~ ~ Janel & David Belz .. MINNESOTA HISTORIC BED & BREAKFAST ASSOCIATION "Rich in history and neatly wrapped in old fashioned charm" e Dear Sirs: As representatives of an industry which has shown tremendous growth in communities across the state and aided in the preservation and restoration of wonderful old homes in these communities, we would like to make a recommendation to you regarding an upcoming issue. We are the members of the Minnesota Historic Bed & Breakfast Association. " .. e In reference to the recent sale of a home at 210 E. Laurel St. in Stillwater which had been the Overlook Inn since 1987, we recommend the owners of the business, David and Janel Belz, be allowed to transfer their business license to their new (old) home at 102,E. Cherry Street. The reason we feel this is particularly important is that it will encourage the restoration and preservation of another fine old property in Stillwater. Since the business was not sold with the horne, we feel it is imperative that the Belzs be allowed to have the advantage of their following and the business which they worked hard to build. This request is in direct correlation with the MHBBAs goal of encouraging the bed and breakfast industry in historic communities in Minnessota with a main advantage being the restoration and preservation of housing stock which . is difficult to maintain as single family residences. Thank you for the opportunity to make this recommendation to such a fine community as you have where the term "historic" is admired. e Sincerely, Minnesota Historic Bed & Breakfnst Association Members .. ., - ~. . . . ~,...... ,.... .." -' :" '... -4 .',.. n' .' . " . ';:, .~ . :.... ",:. .,.... ", " . . - .. ---- ------ ----------_._-- ----- -- ------ ---- ------ ----- - ------ '2- d 1 t. .--------e . :3 tv\'" I a;;,::--.-- ----.-- - --- --- -- --- ~...__.__. ..------.- /1 I -- ---- u_ --.- .. - - -_.~ I Ct..;,q ,.:....... -- f--------- -- /.1 / (Cl/l -==r=_u . /'''.., "'.J tU aA.. -1.'- I -... \ : I , ~l 1 f-;i . I . ~I .. \..:- I , ,(J () , f1? 'rn : I . I 1- -. , , i I , , I r 50 .- '. -_. "- '. . ". . . e e. _ 0~E-1<-~~ = .... -=-~--- - --- _..~ - "Z \ \ \. " -.!""- ;.... ,"., ,.'.' '.. .'. - .~. uj .___'~__'" ,__ '.._......_ _~'-.;.;..J__,~."......,... ~ Case No. SUP/90-3 - Continued CONDITIONS IF APPROVED: e 1. The Special Use Permit is issued to the owners, David and Janel Belz, as operators and is not transferable to successive owners. 2. A sign plan for guest parking shall be submitted to the City before the Bed and Breakfast permit is issued. G"" J~Q The County Health Officer~shall submit a report to the City of Stillwater when all health requirements have been met. The Inn shall not open until the report is submitted. J ---.- / 3. 4. 5. 6. 7. 8. No liquor to be sold on the premises. Breakfast may be served only to guests of the residence. Any complaints about the business will be reviewed by the City Council. No on-street parking is allowed. This permit shall be reviewed one year from approval (February 1, 1991). RECOMMENDATION: Denial. FINDINGS: The proposed use does not meet the intent of the Bed and Breakfast Ordinance due to the impact of commercial activity in this densely populated area (within three blocks of other Bed and,Breakfasts) and lack of guest parking spaces. ATTACHMENTS: Site plan. Letter from David and Janel Belz dated February 7, 1990. Letter from Minnesota Historic Bed and Breakfast Association. PLANNING COMMISSION RECOMMENDATION: Approval as conditioned. e ~ e e ~ PLANNING APPLICATION REVIEW CASE NO. SUB/90-4 Planning Commission Meeting: February 12, 1990 Project Location: 1214 North First Street Comprehensive Plan District: Two Family Zoning District: RB Applicant.s Name: Marian Konobeck Type of Application: Minor Subdivision Project Description: A minor subdivision of a 15,000 square foot lot into two lots of 7,500 square feet. DISCUSSION: The request is to subdivide an existing lot of 15,000 square feet into two lots of 7,500 square feet. The subdivision will divide the lot as shown on the site plan. One lot will consist of the existing home and a garage located in the rear yard. The south lot will consist of the two car garage. Each lot meets the minimum lot area and lot width requirements. When Stillwater was platted, the majority of lots were laid out in a grid pattern with 50.x150' size lots. This large lot is actually two lots that were combined at one time. ~ CONDITIONS OF APPROVAL: 1. Any development on the south lot shall meet all setback requirements for the district. 2. Covered parking shall be provided for the existing residence. RECOMMENDATION: Approval. FINDINGS: The proposed land division is consistent with use and lot size requirements of the Zoning Ordinance and Comprehensive Plan. ATTACHMENTS: - Site Plan. - Letter from Marian Konobeck. Planning Commission Recommendation: Approval with conditions. j~o.t ;5l'z \ \ /::;?oper-&l \ c:;-ft5+ vJ;4-5 c1.w,J ed So-(lJe vJl1-Y \ .5D:X: /6'6 S~/~ e ....v..~~. (-. ---' \ .' - , . ? . \ ,,) .,.J \(....:L'\.l'\..U\ .. \ ''y-u..-v-'<--. ..~ '",: ...,' .\ / _~.. ..' __j----:-J..__.// /' \ ,'j ;'1/"!? ??~ v- V"/ '- f.!) f, { \' t I. \\ '~ '.\ \\ '\ Ii i\ 1\ 'i \. \ I \ . . iJ R rve. 'f/t- y \~ I ~ N. V\ ill \ -:= \ -l i \~ J \ ...-,.../t' '-' ,C).J'\.\ ~J\ \ \ \ \ i .J . \ \ \ ~ \ \ C.;(-tR~ ~; .5'0 ()( ;.5 () \ \ \ \ \ \ tiff\ 4~\ D l< \ \ ~ \ ~ \ uJ 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~_.J-J--~_/ \ " " J l--\'"" ! \ ;' .}. l..- ") .( I" - \ ~"" ....t..... \ ~"~"'\;_,'1~;..F. ~.. \' . \ /.'.:'j , 4_,. ........, !~DU6e., 7\\ V \~ ,r \~ \ \ \ ';J:- '." \}~. ~-/c . . e ~ ---. . -----.-..-----. -.------- "'~1--' -. -~--------..--~~~--.~~--~-LS~---- - ------------------.----.--.----- -"~_._---------- ---------.-- - w---.-. --.... - -- - -- --.-.---- ---.- ---------..-..-.----------.----.-----.. --.----------------------------'-.--..--.---------------------- e e e PLANNING APPLICATION REVIEW CASE NO. V/90-5 PLANNING COMMISSION MEETING: February 12, 1990 PROJECT LOCATION: 2289 Croixwood Boulevard. COMPREHENSIVE PLAN DISTRICT: General Commercial ZONING DISTRICT: CA APPLICANT'S NAME: Mark Ogren TYPE OF APPLICATION: Variance. PROJECT DESCRIPTION: Variance to the Sign Ordinance to replace an existing twenty square foot price sign with a twenty five square foot illuminated price sign at Brook's Food Market. DISCUSSION: The request is to replace an existing twenty square foot price sign with a new twenty five square foot illuminated price sign at Brook's Food Market. The sign is mounted on a free-standing "MOBIL" sign visible from Highway 5. Presently, the site has two free-standing signs "MOBIL" and -"BROOKS" and a wall sign on the building which exceeds the sign requirements for gas stations. A variance is required for any additional or change to signage at this location. 111 The price sign requested by the applicant improves the free-standing "MOBIL" sign. The existing sign is quite rusty and needs replacement. "\ RECOMMENDATION: Approval. FINDINGS: For reasons set forth in the discussion, the granting of this variance is necessary for the reasonable use of the sign and this is the minimum var,iance that will accomplish such a purpose. ATTACHMENTS: Picture of existing price sign. - Di agram of new sign .';: - Application form. PLANNING COMMISSION RECOMMENDATION: Approval. e e e " :) .:.. r... ".~- - .> ':; Permit No. Fee~ {2~ C/o SIGN PERMIT APPLICATION CITY OF STILLWATER DATE / - 2 <V - 9 0 OWNER'S NAME c.../~)/ x d:)/ L - ,/t:f //"e/C CJG .K'fi/ OWNER'S ADDRESS TELEPHONE NUMBER CONTRACTORS NAME =:; v6o,C' 6#-c/ .L/G/:/70/ ~ 6 /#c... APPLICANT1S NAME ~y ~E/Z4_/<::'/I' APPLICANT'S SIGNATURE ~ APPLICANT'S ~SV~~ ADDRESS 6:Y? 7 ,LA,.ec: EL.;f;<.<J ~c::~. .s"L/.:.~~~~ TELEPHONE NUMBER 7"'39-7Yf,/ 0 r~-,,~ , CONTRACTORS ~ ~ ADDRESS tpb7? ~L.C E~ ~~ ~~L..L.~~..e- TELEPHONE NUMBER o/'.39-7YY"c:J ~ STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY LOT BLK. ADDITION 2289 ~,-e;I)/)(~ .8'~' SIGN PLAN.S: Attach plans showing the sign size, location and type of material used. If the sign is to be mounted on a building, show an elevation of the building and sign. CONDITIONS OF PERMIT APPROVAL: APPROVED: DENIED: Community Development Director . ~ ~-z-~ )%o~/ L- . Available in Two Sizes The new in!ernally illuminated price sign is available in two sizes to ' Poles. Size A-tor 12' 10 Poles: 5'21/2" x 4'10" ~~ ~ ~ize B-for 8' 10 POI~S:_ 4'4" x 3'6" ~>~:-S SI:(, ~ -" -....--_....-.~.-.. ...... ; ...........:...,;',.~'... --. .". r~00?0T.~.~ ~.r- '-:;y ~ '~~iO:~' e ~ ~ e r..~;:~~~.~:rw~~~'~:~~~>4. ~ , ,... "':.' {~!~:~~~ Ca7 (g) ~t</Sr/'~6 Y' (x ~..-' ~~ ~ L.- 5/&,.,v JZ.6~ui!f ,Jt~ / L.,<. ~ ~,pG~ , ' S IK--$ - ~/X~ /~. ~ ( lIIumina ed Price Signs f r Califor ia dealers are av 'Iable in two izes for 12' and 8' Poles. . Size -for 12' 10 Poles: 5'8" x 4'10" B-for 8' 10 Poles: 4'9" x 3'6" All pric s shown are for illustration pur es only. ,hfIHIpA.U~ ~ ;=,7< ;:7~,--,G bA..~6 \ ~_/~~') ~t9// .~ ~)(I'S r/" I, J ~~C/~ e .e h e e e e PLANNING APPLICATION REVIEW CASE NO. V/90-6 Planning Commission Meeting: February 12, 1990 Project Location: 904 South Fourth Street Comprehensive Plan District: General Commercial Zoning District: CA Applicant's Name: At Last Distributing, Inc. Type of Application: Variance PROJECT DESCRIPTION: A variance to the Sign Ordinance for a roof sign and the placement of two ten square foot banners at 904 South Fourth Street (Old Goggin's Candy). DISCUSSION: The request is to add three additional signs at Toby Brill 's Confections. A sign permit was issued to the business for the wall sign on the front of the building. This 22'x18" sign is the maximum allowed for signs in this district. Additional signage needs a variance to the Sign Ordinance. The existing rooftop sign on the building has been in place since Hoorey1s occupied the building. The sign is an architectural feature of the building. However, if the face identifies the building, it is considered a sign. The two banners further increase exterior signage at this location. These signs are 2'x5' which increases the signage by an additional twenty square feet. ~ CONDITIONS OF APPROVAL: 1. No additional signage shall be placed on the exterior of the building. STAFF RECOMMENDATION: - Recommend that the roof sign be approved. - Deny the banners signs. FINDINGS: The roof sign is an existing sign. The banner signs are additional signage which do not meet the purpose of the Sign Ordinance. ATTACHMENTS: - Explanation of variance. - Sign Plan. PLANNING COMMISSION RECOMMENDATION: 1. Approval of the roof logo sign without wording. 2. Approval of banner signs no wider than 2 ft. and no longer than 3 1/2 feet. TOBY B. BRILL e February 2, 1990 EXPLANATION FOR REQUEST FOR SIGN VARIANCE 904 South 4th Street STILLWATER."MN. 55082 At Last Distributing, Inc., coa Toby Brill Confections requests a variance from current City sign ordinance for the above property for the two exceptions which follow: 1. Location currently bears a roof-top sign w~ich should be repainte~ and updated 2. Building facia has two banner brackets over store front windows which displayed banners and flags in prior years ~ e ROOF-TOP SIGN Stillwater has been the home of the Goggins Candy Company for over 40 years, and the Plant location has provided the local community with a flagship manufacturing chocolatier, to call Stillwater's very own. The Plant has hosted tour groups during all seasons, and its value as an important tourist stop is without question. The updating of the roof-top sign, with our Firm's name. will restore the linlc between the location and a fuJ.:I 'sized chocolate factory which prepares unique and quality products, and employs the staff familiar to Stillwater residents. TWO VERTICAL BANNERS The building above bears two banner brackets on the upper storefront. Our Firm requests a variance to hang banners from these brackets to highlight Stillwater events such as the Lumber Jack Days, and to promote new product, or seasonal product additions to the Firm's line, ( Ice Cream and Baked GOOds). The vertical banners measure five feet long by two feet wide and are black with white lettering. e 1300 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55403 TELEPHONE (612) 332-0008 e e ". '\ ' ", ~ "''\ ~\ \1 -c::o \, \ L .\ \, . \\\ '. \ , \, \ Oa "~ . "- ""'c..,, '\,,,," "'\ . "-"~', ", . '\ \. \ ~ "". \ '. "\, """" "",' c ., -. . -g;w o ~.~ ----4 :=J -0 ::::0 :3 ~ n lJ u I m o ---rl o Xl ~, -0 en ("\n I I rh rh II II '~_J ---1 I ~ :1 ~~ ~ ~ ~~~ ~ ~ ~~ ~ ~ l\ ~~, ~ ;j~U\ "- ~ '-'~ ~ ~ t \ " ~, ~ t)' hJ " r ,-fu ~ ~ ~ ~ ~~;::~~ ~~~~ ~ ~~ ~~ } lA ~t. "\ N:'i ('~ :jr' & (f) m+E =:J ---,. '"'" .... e PLANNING APPLICATION REVIEW CASE NO. V/90-7 Planning Commission Meeting: February 12, 1990 Project Location: 904 South Fourth Street Comprehensive Plan District: General Commercial Zoni ng Di stri ct: CA Applicants Name: At Last Distributing, Inc. Type of Application: Variance Project Description: A variance to the Parking Ordinance for a retail/production/residential use in an existing structure. e Discussion: The request is for a variance to the Parking Ordinance for a retail/ production/residential use at 904 South Fourth Street. This mixed use of the building is similar to the past Goggin1s Candy retail outlet. According to the Parking Ordinance, 32 spaces are required for the use. The site presently has 21 spaces on site. The applicant has stated-that no shortage of adequate parking during normal business hours has occurred. The parking lot is heavily used on weekend evenings by patrons of Meister1s Bar across the street. However, it does not conflict with the use of the building at 904 South Fourth Street. ~ Conditions of Approval: 1. All c u s tom e r, res ide n t i a 1, and em p 1 0 y e e par kin g s hall be i nth e designated parking lot. 2. The parking lot shall not be used by other commercial uses in the area during daily business hours. 3. The trash enclosures shall be located outside of the parking area and screened from public view. Recommendation: Approval. Findings: The granting of this variance is necessary for the reasonable use of the parking lot and existing building and that this is the minimum variance that will accomplish such a purpose. e Attachments: - Memo from Toby Brill. - Site plan of parking lot. - Use of business. - Plan of business use. PLANNInG cQ~~rlISSION RECOMt1ENDATION: Approya 1 . .-" TOBY B. BRILL e February 2, 1990 EXPLANATION FOR REQUEST FOR PARKING VARIANCE 904 South 4th Street STILLWATER, MN. 55082 At Last Distributing, Inc., dba Toby Brill Confections requests a variance {from current City parking ordinance for the above property since the current off street parking lot has 21 parking spaces available and the C~tyha~ allowed prior occupants of the building to conduct their business, or reside without any adjustment to the parking lot. Additionally, during the last sixty (60) days of operations by the current retail tenants, no shortage of adequate parking was noted, and this recent period reflects tenants' peak season customer volume. 3 e Persuant to current City code. the square footage occupancy in the Quilding by both Retail and Residential tenants would require a total of thirty-three parking spaces. The current parking lot configuration allows~ for f~epty~6n~ spaces. It does not appear that a shortage of parking will occur if it was no a problem during the neak. season. pr~e 7?'9~ Toby Br 11 fo At Las Dist ibuting, Inc. e 1300 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55403 TELEPHONE (612) 332-0008 ,..-' -I. ~j/l"tlC/fT7t?'/ ~~ {/I1'GJn'll-- ftrp/-'f P,'5:r7<leU~ I-!C- JE ' . OFf7?8~ $"ill 6~~"~:(ffG 904 . SO 41t-1 S T 8' ~ \7'SPAC \ \ \ \6 \ \ \ \7 \ 5 10B~Gt ~~ . 0 fRflGt-I > OOC8 ~ \ / IB 0- \ ~\5 16 \ ~/// \\ .....-- ~ 0 \ G 17 \ \6 \ 904 ~ 0 \ SO 41~ ; \9 1 \ ~. \ \\0 \ \ , \ , 20 \ i \ ,f") ~ /nR\\)f\ \ \~\J \' TOBY B. BRILL e February 2, 1990 EXPLANATION OF USE OF TENABLE AREA by AT LAST DISTRIBUTING, INC. iDEA TOBY BRILL CONFECTIONS The 904 South Fourth Street location will be used for the following commercial purposes: 1. Retail sales of Chocolates Nutmeats Ice Cream and Dairy Fooes Bakec Goods Greeting Cards Fresh Brewed and Served Coffee Gifts for Adults and Youths Take out Deli Foods Fresh and Artificial Flowers and Foliage Popcorn and related products e II. Production, storage and shipping of the above items for sale at Retail or ~Vholesale III, Periocic Promotions for Retail Sales purposes In-store Outdoor Farldng Lot Sidewalk Tour Bus Groups IV. Classroom and Training Facility for Public ana Industry e 1300 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55403 TELEPHONE (612) 332-0008 ~-~O ; ,- . . ~~~~'?\'lI · \ 00' 0,,00\ . e' ,,~~ ....:. " . 't' , , l: . ~ . " . '. ,'" ~. ..' ... " '"'" r-- (.f) " I "tt.. ,~.,.. .. .' \ ',4:. 'Jt " ,I' . . ~ '''''''f'' . ',,"'" "o'. ".\' 'I .' . . . .. '. . .!.;.-;.\ .. , .. . . ~~~ .' ~*. ~":\ a" ' . .W' .t.'.". \ ......- . -r. ~ "", \--- ~ t., .' I . . ., .. ",;.-,... . l~ ... 0 ~A.A.A.\~ e'~ 04~ cs -- ~ r-- c:::. -- t, . , . .,~ . . ,':f,' . .f ',:' , . ',. " ." . '. . '> ...-. -""...~---....,.... .....-' e ~ "'- ~~ \~ ~1 ~~ ~:::s ~~ ~~ ~~ ~~ .........~ ~~ \'5:. ~ ~ ~ "l .\-. ~ . ~ ~ ~ --------- I l:I / Jf1 =:J " ~" . . ~~ m if} =n / , I . ~~ - l !: 0 / ~ ~ e I ' =n 1 . 1 f .; ~~ ~\ t:-J / II~ ~ ~" ,I / :1 hA~ t .. . } t I ! ' ~ ~ 5 , " a. ~ ~.;a a " ~ ~ ~,~ . I \ ' ~ ~~ ~ l ~ r~ ~ ~ :1' ~' V) .\ SENT BY:Minuceman ?(ess-~twr ; ~- ~-~V ; ~:~~~~ ; .. . - ~~~4Ju0'i.,)2-' e ,t ! lit o e ~~. J J J{ , . '.:.' {t, , I ~ ~ \\ ......... '" j . - 612 343 5444;;; 2 'u n=tJ ==:Jo 0-0 (f)o ~~ UD m m ::::> i- UJ E e , e e e ~, PLANNING APPLICATION REVIEW CASE NO. SUB/90-8 Planning Commission Meeting: February 12, 1990 Project Location: 1745 Northwestern Avenue Comprehensive Plan District: Industrial Park-Industrial Zoning District: IP-I Applicant's Name: Charles N. Maragos Type of Application: Minor Subdivision PROJECT DESCRIPTION: Preliminary Plat approval for the subdivision of a 70,000 square foot lot, with an existing structure, into two lots of 31,601 square feet and 38,399 square feet with an existing structure. DISCUSSION: The request is to subdivide a 70,000 square foot lot with an existing- structure in the Industrial Park into two lots of 31,601 and 38,399 square feet with an existing structure. The proposed land division is consistent with the use and lot size requirements of the Zoning Ordinance and Comprehensive Plan but it does not meet the lot depth requirements of the district on the west property. The minimum lot depth is 130 feet. Due to the corner of Curve Crest Boulevard and Northwestern and the existing structure location, this lot configuration is reasonable. ~ CONDITIONS OF APPROVAL: 1. Modification to the subdivision requirements for lot depth. 2. The final plat shall include the City Engineer's comments. RECOMMENDATION: Approval. FINDINGS: The proposed land division is consistent with the use and lot size requirements of the Zoning Ordinance. and Comprehensive Plan. ATTACHMENTS: - Survey. - Planning Administration Form - Letter from James Lammers PLANNING COMMISSION RECOMMENDATION: Approval. l>AC loa ~ .:. o .' .. rr':. "':-:< ":'" 'C{jl] /Y-tJ., (. ........:.:: . Case NumberJ___7'_______ .... _: .'_ v . --. . ::? 0 . 0,., . .: . Fee Paid ___.....J__________ . Date Fil~d --~1fg------ ..... . . . e. PLANNING ADlv\lNISTRATIVE FOR^,\ " Street Location or Property: l-:Z1~lio.!1!L~~'te_l:])._~ygtl'!.e-,_~!;ill~J:~EL_~:L~~o~3_ I Legal Doscription or Property: _~.J"~~~r~~_sj..Q~_tQF-.J.~g~!_<!~SS.fi-Et~<:2Il~____ Own er: N a m e __Gf1E-!!~~]J..:_~~<1<2.s_____________ ___ _________________'___ 64 Apple .Orchard Road" Address J~1l-~.J_t1!L~2ll0______________ Phone: _L6J.l.L1f.2::.Q.1.2]__ '. Ao"olicant (if other than oW]1er): Name _______________..:.________.__________ . . .. . " Address______________________________ Pho~e:--------~------ Type or Request:" ___ Rezoning ___ Special Use Permit' ___ V ariancs .___ Approval',or Preliminary Plat __..: Approval or final Plat' . :Z_ Other_l~Q~~~1Y~~i~~__ a .. Description or Request: _~_9i-Y~9E2._ap_~!~t~9-1?~ES~l2!-E~~t~iE~2-~:..-- E~a!~~9~1~t...?2ESE2.lJtE9!:~~~9_~_~i_s!iE9:_~il_~9:_~.9E_~~_~~__...; 'e. . 0 . . Y~11~_1&U'talbrt..s_1?1l!!Q.:il1E_~9J?~c~1__~}~.:iE9_~_J2<2.i:.ep!_~~;!;!x.l>2i_1_.9~!~J2.Cl!"~el or a parcel upon which the existing building ma~ to. '. " S. f A {' ;. j ~ - ~ P /J/jcu.p, I Ignature 0 pp Ican,: -- -~----.L.L7---- . 0 Charles N. Maragos Date or Public Hearing: _____0________________________________________ NOTE: Sketch of proposed 'property and structure to be dra\Yll.on back oi this form 0 ~ .151710 tG.ched., showing the following: . " . ~';..~'. ..:9",.....\ " '. . . .' I~' ~ . "L . 1. North direction. :-' . -/...:::--\~' ~~~'11lo . 1-:: " 2. Loca.tion of proposed structure on lot. :S? 0 ~~~"'lJllo~ ir' 3. Dimensions oi front and side set-backs. m . a 0..t V',j'I ~ o. ~ . 40 Dimensions oi proposed structure. (j) <%o;",~'i! ( 5. Street names. . . ,- It ~. ~ % 6. Loca.tion of adjAcent existing buildings. 1-9J"1 VI' ;1~":5 7. Other inionnation as may be requested. 6['"J ,,,,'<L.~;y-\j {;. l l~>JLo/ Approved ___ Denied '__,_ by tho 'PI~mning Commission on ___________ (date) . ) b. ..&. th f II. d..' " su lec. ,0 e. 0 oWing con I.lons: _____________________________._______ ----------------------~------------------------------------------- ',e Approved ..:.__ Denied ___ by the Council on ________________ subiec to. the .t: II' d..' ."; \ . .. " '. '. ,0 oWIng con 1.lons: ______________________________________________ . t '0 ------------------------------------------------------------------ . '0" ., . .. ... . : .' ~ Comments: (U~~ other side). :~-z: :<'., .' . .. ~ .', -. . ,'.:. ...: ::: . ", :" :' .:: ". :':.:.- ...... ..,.0: .....' .-.- :..':.:.:.'~..:.:.....7..." ._..,....... .' . ......,... .... .... .", " ..-.... ...- .. '. .- O' .... . ",' . ,. .,. . ". . ':": .. .... : '. .. ': ....... ., . . ~ ..' . . . ..... .. . ". ..... '.. .:...... . ..... . .- . ~;. ~.... ..' '. -.' ........" . ..~~. .:.;_......... .~: .~:.. .~. .. . .:-010.... ..' .. . .:... .. e e e - ~".; ",> LAW OF"F"ICES OF" ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING 163!5 NORTHWESTERN AVENUE STILLWATER, MINNESOTA !55062 LYLE .J. ECKBERG .JAMES F". LAMMERS ROBERT G. BRIGGS PAUL A. WOLF"F" MARK .J. VIERLING VICKI L GIF"F"ORO GREGORY G. GALLER (612) 439-2676 F"AX (612) 439-2923 January 19, 1990 Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 In Re: Charles N. Maragos Minor Subdivision Application Dear Steve: Regarding the above-entitled matter, enclosed please find an executed Application for a minor subdivision, 12 sets of the plat of the parcel in question, and an application fee of $30.00. ~ It is my understanding that you will review this request and in the event you find the proposal to be consistent with the requirements of the City Code, that you will refer the matter on to the City Council and Planning Commission and a public hearing will be set. Should you have any questions or should you need additional information, I would appreciate your giving me a call. Thank you for your cooperation regarding the above. ,,:=)ry trul~;:!_~J' / .' ~" .J. , .......'c-/P/ ; - rrny. '-.1;' s ; / L amn;;; r s ',--, ,// . JFL:tmk Enclosures c: Charles N. Maragos e e . . ~ STILLWATER PLANNING COMMISSION MINUTES DATE: FEBRUARY 12, 1990 TIME: 7:00 PM MEMBERS PRESENT: Gerald Fontaine, Glenna Bealka Don Valsvik Judy Curtis Ann Pung-Terwedo, Chairman Warren Pakul~i Angela Anderson Assistant Planner MEMBERS ABSENT: Duane Elliott, Robb Hamlin, Jay Kimble Steve Russell, Community Development Director Chairman Fontaine called the meeting to order. 8eeBQ~8b_QE_~1~YI~2 Motion by Warren Pakulski, seconded by Don Valsvik to approve the minutes of the meeting of January 8, 1990 as submitted. All in favor. eY~blg_~~8Bl~~2 ~ ~ gs~~_~Q~_~l~-REQUEST FOR MODIFICATION OF VARIANCE TO CONVERT SECOND LEVEL OF A GARAGE FROM STORAGE SPACE TO HABITABLE SPACE. GARY AND MARY WILLIAMS, APPLICANTS. Gary Williams presented the proposal for non bed room living space modification for construction of an attached garage. The use would require insulation only. There will be no plumbing installed. Discussion followed without audience comments or objection. Motion by Don Valsvik to approve the modification of the existing storage space to living space. Seconded by Judy Curtis. Unanimously approved. gs~~_~Q~_2YeL~Q=g-A SPECIAL USE PERMIT TO ESTABLISH A FIVE QUEST ROOM BED AND BREAKFAST INCLUDING SPECIAL EVENT ACTIVITY AT 210 EAST LAUREL STREET IN THE RB , TWO FAMILY RESIDENTIAL DISTRICT. VERN AND SHARON STEFAN, APPLICANTS. Vern Stefan addressed the commission members with the request to conduct special events with groups of approximately 50-75 people, as previously approved for the residence. The owner/manager will reside in the house, which has been a bed and breakfast facility in the past. Stefan emphasized that he intended to comply with every condition and would not sell alcohol on the premises. Stefan desires to retain the character and inhance the premises, along with contributing to the present climate of the City of Stillwater. e I I STILLWATER PLANNING COMMISpSION 02/12/90 Judith Murphy expressed co lcerns on changing the structure of the house, more than one bed a.d breakfast in the area, and the sewer system. Murphy further st ted that the house was on the Historical Register and any outside c anges would distract from the historical character. Neil Casey, 107 E. Laurel, requested a copy of the conditions of approval and expressed concerns over special events. Discussion followed with nembers on signage, change in ownership, location and parking. Th parking plan shows that all guest parking will be on-site leaving L urel Street open for public parking. The conditions for approval w re discussed with Stefan, and it was agreed that an additional item wculd be added to the conditions of approval schedule "A". This item ould allow for a one year review of the permit. Motion by Judy Curtis, with condition of a one year review included in the conditions of appr val. Seconded by Glenna Bealka. Unanimously approved. gga~_~Q~__EYeL~Q=~-A SPECIAL USE PERMIT TO ESTABLISH A TWO GUEST ROOM BED AND BREAKFAST AT 102 AST CHERRY STREET IN THE RCM, MEDIUM DENSITY MULTIPLE FAMILY R SIDENTIAL DISTRICT. DAVID AND JANEL BELZ, APPLICANTS. David and Janel Belz pres nted the proposal for the bed and breakfast and stated their intentiors to live in the home. Only breakfast is to be served in the home. Belz does not consider the proposal as a new business, rather a ch nge in location of an existing business. Ann Knutson, of 510 N. Th"rd St., Chuck Doherty, of 306 Olive, and two other members of the udience expressed strong approval for the request. There was a comron expression of support for changing the present property from ren al property to a bed and breakfast. One audience member expre sed disapproval, due to the fact that the ordinance states a three lock distance between bed and breakfast facilities. Discussion followed with the uniqueness of th parking stalls, with two commission members regarding parking, along situation. There would need to be four If the stalls to be provided for guests. Don Valsvik stated that t Commission members agreed track record of the owner expressed a strong approv e favor of the neighbors was important. that the location was isolated, the past was positive, and that the neighbors have 1 of the request. Motion by Judy Curtis sub year review of the permit Pakulski. Unanimously ap an additional condition of a one commission. Seconded by Warren ;. . e ~ e e ~ STILLWATER PLANNING COMMISSION 02/12/90 e ~~~~_~Q~_2~~L~Q=~-A MINOR SUBDIVISION OF A 15,000 SQUARE FOOT LOT INTO TWO LOTS OF 7,500 SQUARE FEET AT 1214 NORTH FIRST STREET IN THE RB, TWO FAMILY RESIDENTIAL DISTRICT. MARIAN KONOBECK, APPLICANT. Marion Konobeck, applicant, presented the request and discussed the setbacks, along with plans to divide the lots in order to sell one parcel of the property. Assistant Planner, Ann Pung-Terwedo stated one neighbor, C1at~a Strand of 1220 N. First St., had called and expressed concerns about development and another house in the neighborhood. No further audience comments. Discussion followed with members of the commission on the conditions of approval and the lot size. Members agreed the property meet the lot size minimums. Motion by Gerald Fontaine. Seconded by Judy Curtis to approve the subdivision. Unanimously approved. ~~~~_~Q~_~L~Q=~-A VARIANCE TO THE SIGN ORDINANCE TO REPLACE AN EXISTING TWENTY SQUARE FOOT PRICE SIGN WITH A TWENTY FIVE SQUARE FOOT PRICE SIGN AT BROOK'S FOOD MARKET, 22S9_CROIXWOOD BLVD. IN THE CA, GENERAL COMMERCIAL DISTRICT. MARK OGREN, APPLICANT. ~ e Applicant was unable to appear. Discussion among members followed. Assistant Planner, Ann Pung-Terwedo, explained to commissioners the sign size of five sq. ft. improves the existing sign and is of a standard size from the manufacturer. Motion to approve by Don Valsvik. Seconded by Warren Pakulski. Unanimously approved. ~~~~_~Q~_~L~Q=~-A VARIANCE TO THE SIGN ORDINANCE FOR A ROOF SIGN AND TWO, TEN SQUARE FOOT BANNERS AT 904 SOUTH FOURTH STREET IN THE CA, GENERAL COMMERCIAL DISTRICT. TOBY B. BRILL, APPLICANT. Toby B. Brill, applicant, presented the request for the sign variance and explained the proposal for the new banners to commissioners. The banners would be used on an intermittent basis to advertise various special events and miscellaneous specials. The banners are needed due to the nature of the surrounding businesses which block patron view of the building. The awning will not be replaced and the business needs higher identification. Discussion followed on the present sign on the top of the building. A member of the audience, Vern Stefan, stated that the sign was in violation of the City Ordinance and that the logo had to be removed. e Members discussed the logo, need for additional signage, and the existing sign on the roof of the building. Gerald Fontaine stated that to approve both the banners and the sign on top of the building would be excessive. STILLWATER PLANNING 02/12/90 COtMISSION I Betty Bowman, 908 S. 5 h St., expressed disapproval over the plans to light the sign which c .ufd interfere with her enjoyment of her property. Bowman stat d her family use of the outside area of her residence would be inv ded with bright lighting. Following discussion, lembers agreed the sign on the roof should allow for a logo only nd that the banners would be allowed if the size was two feet by tree and one-half feet. Motion by Don Valsvik 0 approve the sign on the roof, without wording, and the banne s of no more than 2'x3 1/2'. Seconded by Glenna Bealka. Unanim lusly approved. g~a~_NQ~_~L~Q=Z-A VARI NCE TO THE PARKING ORDINANCE FOR A MIXED RETAIL/RESIDENTIAL USE AT 904 SOUTH FOURTH STREET IN THE CA, GENERAL COMMERCIAL DISTRICT. A LAST DISTRIBUTING, INC., APPLICANT. Toby Brill presented t e request to the variance to the parking, necessary for the reas .nable use of the parking lot. The parking lot would be used for spec'al events in the summer months. The applicant does not intend to con lict with the other businesses in the area and not allow parking by 0 her businesses. The conditions of appr .val were discussed and the second condition was removed. Conditio IS for approval remaining are as follows: 1. All customer, resi designated parking The trash enclosur area and screened 2. ential, and employee parking shall be in the lot. s shall be located outside of the parking rc.m publ ic view. Motion by Judy Curtis 0 approve the request for a variance to the Parking Ordinance subj ct to conditions above. Seconded by Warren Pakulski. Unanimously approved. g~a~_NQ~_~~~L~Q=~_-A MINOR SUBDIVIISION OF A 60,000 SQ. FOOT LOT WITH A ONE STORY BUILDING ( ALLEY DENTAL ARTS) INTO TWO LOTS OF 31,601 SQ. FEET AND 38,399 SQ. FE T AT 1745 NORTHWESTERN AVE. IN THE INDUSTRIAL PARK-INDUSTRIAL DISTRI T. CHARLES N. MARAGOS, APPLICANT. This request is consis ent with the use and lot size requirements of the Zoning Ordinance a Id the Comprehensive Plan but it does not meet the lc.t depth requirern rlts of the district or. the west prl:lpertyJI~The minimum lot depth is 1 0 feet. Due to the corner of Curve Crest Blvd. and Northwestern and the existing structure location, this lot configuration is reaso lable. Motion to approve by D~n Valsvik. Unanimously approved. Seconded by Judy Curtis. .' , ~ e -~ e e ..' " , STILLWATER PLANNING COMMISSION 02/12/90 e QI~gB_IIg~2 1. STUDY AREA OF LAND USE SURVEY OF THE RCM, MULTIPLE FAMILY RESIDENTIAL DISTRICT. Assistant Planner, Ann Pung-Terwedo, is currently in the proces of mapping out land use changes and subsequent zoning changes to be recommended. The changes will be outlined and presented at the next meeting. 2. LAND USE PLANNING WORKSHOPS. Chairman, Gerald Fontaine, discussed the workshops planned for next spring and recommended attendance by Commission members at the all-day seminars. Motion to adjourn at 9:00 pm by Gerald Fontaine, Chairman. by Don Valsvik. Unanimously approved. Seconded -1 e e e r illwater "~ ----~ 'too.... -~ THE BIRTHPLACE OF MINNESOTA J ANN PUNG-TERWEDO, Assistant MARCH 2, 1990 , ~ Ji i/1 ~~, -Ii 1J-G Planner ()AO ~ ~rp~d TO: FROM: DATE: MAYOR AND CITY COUNCIL e SUBJECT: SECOND READING OF AN ORDINANCE AMENDING SECTION 31.01, SUBDIVISION 27 (10), DESIGN REVIEW PERMITS, AND AN ORDINANCE AMENDING SECTION 22.10, HERITAGE PRESERVATION COMMISSION. DISCUSSION: DESIGN REVIEW: The Heritage Preservation Commission was established in 1987. Its purpose is to safeguard the heritage of the City of Stillwater by preserving sites and structures which reflect elements of the City.s cultural, social, economic, political, visual or architectural history. In October of 1989, after recommendation by the Heritage Preservation Commission, the City Council declared Downtown Stillwater a Local Preservation District. By Ordinance, the Preservation Commission has authority to review all exterior building permits and new construction as they relate to history, design and visual compatibility to existing structures in the Downtown. The Design Review Committee, established in 1989, has a similar purpose in reviewing building permits and new construction in Downtown Stillwater. Today, if a property owner applied for a Design Permit in the Downtown, they must have Design Review Committee, Heritage Preservation Commission and Planning Commission revi ew with fi na 1 City Counci 1 approva 1. Th is is a very long proces s that could take up to six weeks. The Heritage Preservation Commission has expertise in design and, of course, sensitivity to preservation in Downtown. Also, two members from the Commission are on the five member Design Review Committee. A Planning Commission member on the Design Review Committee recently resigned his position. SIGNS: Signs are important to the character and quality of Downtown Stillwater. The new Sign Ordinance and Downtown design guidelines for signs have proved quite effective in regulating signs in Downtown Stillwater. The sign regulation is very specific on sign size, number, and illumination. However, the review process for signs is long. If an application for a sign is submitted, it must be reviewed by the Design Review Committee, Preservation Commission, and Planning Commission with final approval by the City Council, again taking up to si x weeks. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e STAFF RECOMMENDATION: 1. Amend the Design Review Ordinance to establish the Heritage Preservation Commission as the Design Review Committee. 2. Amend the Design Review Ordinance and Preservation Commission Ordinance in order to allow the Planning Staff to review and grant sign permits in Downtown Stillwater as long as they are consistent with the Sign Ordinance and the Downtown Design Guidelines. If a variance is needed it will go through the variance review process. The Design Review Committee will have a final decision on the sign permit in such instances. e e e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SECTION 31.01 SUBDIVISION 27 (10) DESIGN REVIEW PERMITS The City Council of the City of Stillwater, Minnesota, does ordain: 1. Section 31.01 Subd. 27 (10) B of the Stillwater City Code is amended to hereafter read as follows: "31.01 Subd. 27 (10) Design Review Permits B. Establishment of Committee. The Design Review Committee as set forth in this section shall consist of the Heritage Preservation Commission as it is set forth and established pursuant to Stillwater City Code Section 22 (10)." 2. Section 31.01 Subd. 27 (10) C of the Stillwater City Code is amended to hereafter read as follows: .~ "31.01 Subd. 27 (10) C. Required When: Design review that is required by this section shall be required at any time that a site alteration permit is required pursuant to the Heritage Preservation Commission Chapter 22.10 Subd. 6 of the Stillwater City Code.1I 3. Section 31.01 Subd. 27 (10) oof the Stillwater City Code I is amended to hereafter read as follows: II 31 .01 Subd. 27 (1 0 ) I. Findings and Decisions. Upon findings made by the City Council that the application, subject to any conditions of approval, will: . 1 . Secure the purposes of the Zoning Ordinance, the Comprehensive Plan and the Heritage Preservation Ordinance found at Section 22.10 of the Stillwater City Code." 4. Section 31.01 Subd. 27 (10) I (2) of the Stillwater City Code is hereby deleted. 5. Section 31.01 Subd. 27 (10) of the Stillwater City Code is amended by deleting subsection F and adding subsections F (1) and F (2), which shall hereafter read as follows: e e e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SECTION 22.10 HERITAGE PRESERVATION COMMISSION SUBDIVISION 6 (1) SITE ALTERATION PERMIT The City Council of the City of Stillwater, Minnesota, does ordain: 1. Section 22.10 Review of Permits, follows: Subd. (1) c 6 of the Stillwater City Code, is amended to hereafter read as "22.10 Subd. 6 (1) c. c. Signs. The Design Review Committee shall make a final decision on the granting or denial of a sign permi t after seeking the recommenda tion of the Community Development Director. The sign applicant or any party aggrieved by the decision of the Committee has a right to appeal the decision to the City Council, which shall sit as a Board of Adjustment and Review." ... -'=! 2. In all other ways, the City Code shall remain in full force and effect. 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this 1990. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk Published: ~ e e A DAVID T. MAGNUSON ATIORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 sourn MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 February 23, 1990 Richard C. Ilkka Mr. Nile Kriesel City Coordinator City Hall 216 North Fourth street Stillwater, MN 55082 Re: City of Stillwater v James Meyers Nuisance Abatement Dear Nile: Some time ago, the City Council authorized an extension of the time in which Meyers should answer the City abatement action with regard to his property at 500 South Fourth Street. His lawyer has informed me that he needs additional time to secure financing and he would like a continued extension until he can get that done. A copy of his lawyer's letter of February 21, 1990, is enclosed with this letter. I might add that we have also heard from Rivertown Restoration with regard to this church and in view of all the circumstances, I would recommend continuing the extension with a further review towards the end of March to check on the progress of Meyers' financing package. Perhaps this should be brought to the attention of the Mayor and Council for their decision. Call me if there are any questions. Very truly yours, D~D T. MAGNUSON YJ~v l~J David T. Magnuson Stillwater City Attorney DTM:kn Enclosure fir ~ o rv ,~. 0'::' ~ L~NG, PAULY & GREGERSON, LTD. A TTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 f -- '"' 2 t) '10gfi \ Ll tb o-l Iv UI e ROBERT I. LANG ROGER A. PAULY DAVID H. GREGERSON' RIC"HARD F. ROSOW MARK J. JOHNSON JOSEPH A. NILAN JOHN W. LANG. CPA LEA M. D< SOUZA JEFFREY C. APPELQUISP JUDITH K, DUTCHER BARBARA M. ROSS WILLIAM R. MILLER February 21, 1990 EDEN PRAIRIE OFFICE SUITE 370 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE, MINNESOTA 55344 (612) 829-7355 REPLY TO MINNEAPOLIS OFFICE .AI~) Authurized (0 Pracucc Lav.' tn WIsconsin David T. Magnuson Attorney at Law Suite 260 The Grand Garage and Gallery 324 South Main Stree Stillwater, MN 5508 Re: City of Sti lwater v. James Meyers Order of Ab tement - 500 South 4th Street Our File No 836.001 e Dear Mr. Magnuson: This letter fol ows out telephone conversation of February 16, concerning the above matter. Mr. Meyers has obtained an opinion letter from professional engineer which indicates that, based on a visual in pection of the fire damage, the structure is still structurally ound and that repair of the premises is feasible. In our telephon conversation of February 16, you indicated that in addi tion to the assurances from an engineering standpoint, before a building permit can be issued you would also require additional i~formation regarding the financial feasibil- ity of making the re airs, and further assurances that the neces- sary financing was i place and if a building permit were issued, that the repair wor would go forward. These additional condi- tions were not comt mplated wi thin the scope of my January 12, 1990 letter requesti g the extension of time until March 1, 1990. I am passing this a ditional request on to Mr. Meyers, but I do not know if the addi ional data you require will be available by March 6, 1990. If these additional assurances are required by the Council prior 0 issuance of a building permit, and the Council is unwilling to grant any additional extension of time, we will serve an swer in the Abatement proceeding wi thin 14 days after notificat on from your office. e e It e ., I .. David T. Magnuson February 21, 1990 Page 2 If we have the additional required information prior to March 6, 1990, of course, I will furnish it to you. Very truly yours, By WRMH/ap: Enclosure cc: Mr. James Meyers e ST. PETER'S UNITED CHURCH OF CHRIST III East Orleans Street Stillwater, Minnesota 55082 Telephone: 612-439-2160 March 3, 1990 The Honorable Governor Rudy Perpich 130 Capitol St. Paul, Mn. 55155 Dear Governor Perpich: I realize that I am sending this letter to the wrong department, but since I know you to be a very responsible person, I trust you to send this letter of concern on to the correct departments and personnel. As you can see by the copies I am sending, I am trying to cover as many agencies as I can think of who might address this problem. e Having just attended the funeral for our next door neighbors here in Stillwater, I feel it is time to write to the several agen- cies which I believe need to make a concerted effort to eliminate some of the terrible waste of human life on Highway 36. Our neigh- bors were killed when their car was struck broadside by a truck at Highway 36 and Greeley Ave. in Stillwater. Four lives were wasted in a single accident. Understanding that no major renovation of State Highway 36 is likely to take place before the new interstate bridge is developed, perhaps there could be several simple (and not very costly) things done to make this section of highway safer. If the speed limit could be dropped to 35 m.p.h., there would be no costs except those of changing the signs. In addition to dropping the speed limit, there needs to be a consistent and visible presence of police to enforce a new speed limit. Normally, folks don't abide by the current 50 m.p.h. However, they do abide by the 45 m.p.h. as highway 36 cuts through North St. Paul. The difference seems to be that the police in North St. Paul vigorously en- force that speed limit. I can understand the reluctance of the authorities to invest a great deal of money in re-engineering a highway which is lilcely to be , changed greatly in a few years (as if human lives are not worth it!), but these two suggestions would not involve a great deal of capital outlay -- and might -- just might -- save lives. I have lived in this area just 3 years, but the intersection of Greeley and Hwy. 36 has alreaady claimed 5 lives. How many more lives will have to be wasted before the state of Minnesota acts? I will look forward to hearing from you and those agencies which need to be addressing this problem. e Sincerely, ~~ ~ Ruth J. Beck, CO-Minister Copies to: I Paul Tschida, Commissioner of Public Safety Leonard Levine, Commissioner of Transportation Washington Coun y Commissioners City of Stillwa er City of Oak Par Heights Minnesota High y Patrol Washington Coun y Sheriff e e e ~ RESOL~ION NO. 90-02-07 e CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DIRECTING CLOSING OF CENTER MEDIAN AT MI ESOTA HIGHWAY 36 AND OMABAAVENUE WHEREAS, Minnesota Trunk Highway 36 which serves the City of Oak Park eights has experienced a considerable increase in traffic in the last few years; and WHEREAS, the accident rate of motor vehicles has also increased conside ably as a result of increased traffic; and WHEREAS, in the last several years many deaths have occurred on said ighway as it borders and disects the City; and WHEREAS, there are several dangerous intersections and turn-offs, and it appears they contribute greatly to the confusion of driv rs. NOW, THE FORE, BE IT RESOLVED by the City Council of the City of Oak P rk Heights, as follows: e That the turn-off in the center median of Minnesota Trunk Highway 36 ocated between the east'and west traffic lanes of said highway w ich is located opposite Omaha Avenue be closed. BE IT FU sent to the Minne Gary Laidig, Stat of Washington, th persons. THER RESOLVED that a copy of this Resolution be ota Department of Transportation, State Senator Representative Harriet McPherson, the County City of Stillwater, and any other interested Adopted y the City Council of the City of Oak Park Heights this 26th day of February, 1990. CITY OF OAK PARK HEIGHTS By Attest: J~ La Vonne Wilson City Clerk/Administrator e e e e .. RESOLUTION NO. 90-02-08 CITY OF O~K PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION LOWERING SPEED LIMIT FROM MINNESOTA HIGHWAY 5 THROUGH THE CITY OF OAK PARK HEIGHTS WHEREAS, Minnesota Trunk Highway 36, which borders and disects the City of Oak Park Heights, Washington County, Minnesota, has experienced a considerable increase in traffic in the last few years; and WHEREAS, the vehicular traffic generally appears to exceed the speed limit; and WHEREAS, as a result of the increase in speed and traffic volume, the accident rate in the area from Minnesota Trunk Highway 5 east on Highway 36 has increased and has resulted in a considerable number of fatal accidents as well as many non- fatal accidents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, as follows: 1. That a lower speed limit of 40 miles per hour be established on Minnesota Trunk Highway 36 east from Minnesota Trunk Highway 5. 2. That a study be conducted by the Minnesota Department of Transportation to determine the necessity of adjusting the arterial traffic lights as they exist on Minnesota Trunk Highway 36 east of Minnesota Trunk Highway 5 so that the traffic be slowed. 3. That stricter enforcement of the speed limit be conducted by the Minnesota Highway Patrol and the local police departments. 4. That a copy of\this Resolution be sent to the Minnesota Department of Transportation, State Senator Gary Laidig, State Representative Harriet McPherson, the County of Washington, the City of Stillwater, and any other interested pe r so n s . ~dopted by the City Council of the City of Oak Park Heights this 26th day of February, 1990. Attest: La Vonne Wllson City Clerk/Administrator ... CITY OF O~K P~RK HEIGHTS e BY~&.~ Frank O. Sommerf dt, Mayor e e - ., - rtfI- -. " C!-~ 3 It / q 0 CITY OF OAK PARK HEIGHTS e MINUTES OF MEETING HELD MONDAY, FEBRUARY 26, 1990 Call to order by Mayor Sommerfeldt at 7:00 p.m. O'Neal, Seggelke, Kern, Doerr, Eckberg and Wilson. Present: Clerk read public hearing notice, presented affidavit of publication and mailing list for request from Francis Development Co. for a conditional use permit to install a drive-thru teller station and window at the Oak Park Plaza building. Mayor called for comments and discussion ensued. O'Neal, seconded by Segselke, moved to close hearing. 5 aye votes. Hearing closed. Seggelke, seconded by Doerr, moved to ratify the above conditional use permit for development subject to conditions in City Planner's report dated January 31, 1990, stipulating the facili ty would be open until 5: 0 0 p.m. on Fridays and noting there will be a night depository. Roll call vote taken with 5 aye votes cast. Motion approved. e Senator Gary ~ig and Representative Harriet 1:1cgperson agreed to work with the ci ty regaJ;:dJ..~ffic problem~ a IQJlg ~ghway )36 and che k into safety inspections tom~ow. Gary Rylander, City Engineer, and Mary La Plant from MN DOT, discussed the traffic study for Highway #36 and Omaha Avenue. Doerr, seconded by O'Neal, moved to. adopt ResoluLion *-90-02-07 _to cJ&-5-e median on Hiqhway #36 and Omaha Avenue. Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to adopt Resolution #90-02-08 lowerin the seed limit m County Road #5 through the Ci~ of Oak Park Heights to 40 miles per ~r-=-- .MN DOT to p~par.e a report on the stop liqhts and flashi.ng-light~. S~ D.e:p.atlment was rp...ql1ested t~OVide-IDQr_EL vis;i1;Li._lity: and stricter enforcemen.J:. RolT call vote taken with 5 aye vOteS--cast. Resolution adopted. ad Henning and Curt .ut.ske jiscusse. mall signage. Elizabeth Houle discussed her sign for Le Salen. Kern, seconded by ..err, moved to leave present signs as they are; MGM Liquor Warehouse until September 30~ 2002, and Le Salon until June 3', 1'~. until leases expire and granting the non-conforming use. 5 aye votes. Carried. Joe Anderlik, City Engineer, discusse~ 'sman/57th, 56th improvements. Doerr, se.~nded .y Kern, moveu te direct staff to gather further inf@rmation fer next ..uncil meeting. 5 aye votes. Carried. e e e e MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: March 2, 1990 RE: NEW COMPRESSOR FOR LIBRARY Accompanying this memo is a request from the Library Director to authorize: 1. The purchase of a new compressor to replace the existing one ($9,975); 2. Tci clean and calibrate the humidification system ($1,075); and 3. To install a dehumidification system ($3,688). Paul Glaser and myself have discussed this with equipment maintenance personnel and have determined that Items #1 and #2 above are necessary. Item #3 may not be necessary if we install the new compressor. Apparently part of the humidity problem stems from an inadequate compressor. It is hoped that the new compressor will reduce or eliminate humidity problems. In any event, I would recommend approving Items #1 and #2 j ~ ~ - ~ e e e STILLWATER PUBLIC LIBRARY 223 NORTH FOURTH STREET STILLWATER, MN 55082 (612) 439-1675 TO: Nile Kriesel & the City Council FROM: Lynne Bertalmio, Library Director DATE: February 7, 1990 In August 1989, the compressor on the library's air conditioning system literally blew up. Service personnel diagnosed tnat a power spike/ surge had occurred. (Some damage to electrical equipment within the building seems to confirm this diagnosis.) Earlier in the summer, staff had noted that fluctuations in humidity in the building were resulting in damage to furniture and books. The Board of Trustees decided not to implement some of the programs in its 1989 capital budget in order to cover the costs of these repairs. Unfortunately, it has taken a number of months to get recommendations and quotations on repairs. I am now enclosing quotations from two companies who participated in the renovation for the needed repairs. ~~ 1) Equipment Supply Inc. ' Replacement of a 40 ton Trane compressor $9,975 2) General Sheet Metal Corporation Clean and recalibrate existing humidification system Install dehumidification system (Although I have spoken above about the air conditioner, it is the case that the library has a chiller system rather than an air conditioner. It does not remove the moisture form the air.) $1,075 $3,685 . . . The 1989 capital projects which the Library did not implement include exterior lighting ($7,500) which was rescheduled for 1990; 3 study carrels ($1,875); and the on line catalog ($32,000) for which further research is needed on central site hardware. The Library would like to implement repairs on these two mechanical problems before the air conditioning season starts and before any further damage is done to books and furniture. " ~rOpO!ittl ~-- EGUIPMENT SUPPLY INC. SALES & SERVICE anical Contractors: HEATING - AIR CONDITIONING - REFRIGERATION 24 HOUR PHONE: 646-2571 593 NO. FAIRVIEW AVE., ST. PAUL, MINN. 55104 PROPOSAL SUBMITTED TO City of Stillwater DATE STREET January 12, 1990 216 . North Forth Street CITY, STATE AND ZIP CODE Stillwater, MN. 55082 ATTENTION Paul Glaser We hereby submit specifications and estimates for: RE: .. ~~.p.l<'l:c:ell1~?:~..?.(...Cl:.... 4.0 ton Tr ane. C()lTlpr e s so.:c..a t (he.. ~ t:.:i,ll~a,t~r:...L:i,br a ry..... .....}Il~ll1.~.~~.. :removCll..o.X.. t:::l1e.o.~~.. .equ:Lpment ,.s~tt:Lng':tl1eIl.~~.: equ:Lpm~.Ilt..,. .n."!.~..... " ..reJ:rigerant, ..Ilew .filte.r.. .driers ,fr.e:i.ght, .wi:r.ing,cleaIl.up,.star,t ..UP, ...and... service. <::.013 t. the ... iIls:t:.Cl~.1.<lti.9Il.:i.s .~...'..!.'."'.' . "~..'..' ....~. ....:0. ~.. ....! .! ~$9, 9]5~.00 . ............. ~ Please . call. if .ther~. are. anY..questions .Please sign and.return'onecopy ..<::omp.l:'essor :w'ar.ranty...gne year .fromdate of installation... , ill' 'ruponl' hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Nine-Thousand Nine-Hundred Seventy-Five Dollars and NO/lOa Payment to be made as follows: dollars ($ 9,975.00 ) . Customer agrees to pay a FINANCE CHARGE of 1'h% per month on past due balances. This is equal to an All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature / ayl . Davis .' Note: This proposal may be withdrawn by us if not accepted within ~o days. Arrr.ptautr nf Jrn.pnsal- The above prices. specifications and conditions are satisfactory and are. hereby accepted. You are authorized to do the work as Specify Payment will be made as outlined above. Date of Acceptance: Signature y Signature e QL Generlal . O Sheet metal I Co'po.ation 2330 LOUISIANA AVE. NORTH MINNEAPOUS, MINNESOTA 55427 PHONE 544-8747 · HEATING . AlA CONOmONING' . VENTILATION . ENERGY RECOVERY · GENERAl.. & SPECIAI.1Y SHEETMeTAl. FAaRICATION October 20, 1989 . . Meyer Scherer & Rockcastle Attention: Barry Petit 325 2nd Avenue N Minneapolis, MN 55401 RE: Stillwater Library Gentlemen: We are pleased to subrni t our proposal to clean the existing humidifier at the Stillwater Library. Also, we will recalibrate the existing controls, startup and check out the existing humdification system. Our total price for this Work is $1,075.00. --~ .e If the owner wants us to proceed, please forward a purchase order. Thank you for the opportunity to quote on this project. Feel free to contact me if you have any questions . .( '.llJ Sincerely, MJ/srf , 11i. - e e . r --" ., .. e CD Gc:nc,ci Sheet metal Co.pc.ction January 16, 1990 Stillwater Public Library Attention: Lynne Bertelrnio 223 North 4th Street Stillwater, MN 55082 2330 LOUISIANA AVE. NORTH MINNEAPOUS, MINNESOTA 55427 PHONE 544-8747 . HEATING . AIR CONOmONING . VENTILATION . ENERGY RECOVERY . GENERAL & SPECIALTY SHEETMETAL FABRICATION Dear' Lynne: We are pleased to quote on the installation of a dehumidification system at the Stillwater Library. OUr cost for this work is $3,685~OO. OUr proposal includes controls, electric heater, . electric wiring and all labor necessary. - We do not include any overtirre work. .~ Please feel free to contact me if you have any questions. Sincerely, ;rp'<~/~lj-- · Howard Maass EM/sri AN EQUAL OPPORTUNITY EMPLOYER e e e i ,.. STillWATER PUBLIC LIBRARY 223 NORTH FOURTH STREET STillWATER, MN 55082 {612} 439-1675 TO: Nile Kriesel & the City Council FROM: Lynne Bertalmio, Library Director DATE: February 7, 1990 In August 1989, the compressor on the library's air conditioning system literally blew up. Service personnel diagnosed that a power spike/surge had occurred. (Some damage to electrical equipment within the building seems to confirm this diagnosis.) Earlier in the summer, staff had noted that fluctuations in humidity in the building were resulting in damage to furniture and books. The Board of Trustees decided not to implement s'ome of the programs in its 1989 capital budget in order to cover the costs of t~ese repairs. Unfortunately, it has taken a number of months to get recommendations and quotations on repairs. I am now enclosing quotations from two companies who participated in the renovation for the needed repairs. 1) Equipment Supply Inc. ' Replacement of a 40 ton Trane compressor $9,975 2) General Sheet Metal Corporation Clean and recalibrate existing humidification system Install dehumidification system (Although I have spoken above about the air conditioner, it is the case that the library has a chiller system rather than an air conditioner. It does not remove the moisture form the air.) $1,075 $3,685 The 1989 capital projects which the Library did not implement include exterior lighting ($7,500) which was rescheduled for 1990; 3 study carrels ($1,875); and the on line catalog ($32,000) for which further research is needed on central site hardware. The Library would like to implement repairs on these two mechanical problems before the air conditioning season starts and before any further damage is done to books and furniture. I ECilUIPMEE SUPPLY INC. SA ES & SERVIQE Jrnpnllul . \ Mechanical Contractors: HEATING - AIR CON ITIONING - REFRIGERATION 24 HOUR PHONE: 646.2571 593 NO. FAIRVIEW AVE., ST. PAUL, MINN. 55104 e PROPOSAL SUBMITTED TO City of Stillwater DATE January 12, 1990 STREET 216. North Forth Street CITY, STATE AND ZIP CODE Stillwater, MN. 55082 ATTENTION Paul Glaser We hereby submit specifications and estimates for: ... ..RE.: Replacemel1t: of aAO t n Trane Compressor at the Stillwater:Li.bI."ary... Includes removal of the 04 equipment, setting" the new equipm.el1t,.. new . refrigerant, new filter diers, freight,wi1:"ing,clean..up,startup,..and service. .. ....GO!; t ..t:h.:e..illst:.Cl.:l1Cl. ti,C>l1.is . .~...'. .... ....... '..~.. .... ..~ .~. . $9,9}5.00 Please call if there are nyquestions Please sign and.return on copy . ..Compre!;so:r :warranty....oneye r. from date . of installation. lImr lIrnpnnr hereby to furnish aterial and labor - complete in accordance with above specifications. for the sum of: Nine-Thousand Nine-Hundr d Seventy-Five Dollars and NO/100 Payment to be made as follows: dollars ($ 9,975.00 ) , Customer agrees to pay a FINANCE CHARGE of 1'h% per month on past due balances. This is equal to an ""All material is guaranteed to be as specified. All work to bcompleted in a workmanlike manner according to standard practices. Any alteration or d viation from above specifica- tions inVOlving extra costs win be executed only upon writt n orders. and will become an extra charge over and above the estimate. All agreements cant ngent upon strikes. accidents or delays beyond our control. Owner to carry fire, tornado a d other necessary insurance. Our workers are fully covered by Workmen's Compensation In urance. Authorized Signature ,/ ayl . Davis .' Note: This proposal may be withdrawn by us if not accepted within tf'o days. !\tttptantt nf Jrnposal- The a ove prices, specifications and conditions are satisfactory and are hereby acce ted. You are authorized to do the work as specified Payment will be made as utlined above. Signature v Date of Acceptance: Signature ~ .' \& e ~ 1; ff -- ;; (U, e Q, Gefte.al Sheet metal (o,po,atlon October 20, 1989 Meyer Scherer & Rockcastle Attention: Barry Petit 325 2nd Avenue N Minneapolis, MN 55401 RE: Stillwater Library Gentlemen : 2330 LOUISIANA AVE. NORTH MINNEAPOUS, MINNESOTA 55427 PHONE 544-8747 . HEATING . AIR CONOmONlNG' . VENTILATION . ENERGY RECOVERY . GENERAL & SPECIAUY SHEETMETAL. FABRICATION We are pleased to subrni t our proposal to clean the existing humidifier at the Stillwater Library. Also, we will recalibrate the existing controls, startup and check out the existing humdification system. OUr total price for this work is $1,0751000. If the owner wants us to proceed, please fo:rward a purchase order. Thank you for the opportunity to quote on this project. Feel free to contact me if you have any questions. Sincerely, . MJ / srf II " ~ QL Gene al O Sheet metal Co'p ,at ion 2330 LOUISIANA AVE. NORTH MINNEAPOLIS, MINNESOTA 55427 PHONE 544-8747 . HEATING . AIR CONDITIONING . VENTIlATION . ENERGY RECOVERY . GENERAL & SPECIALTY SHEETMETAL FABRICATION e January 16, 1990 Stillwater Publi Library Attention: Lynn Bertelmio 223 North 4th S eet Stillwater, MN 5082 Dear Lynne: We are pleased t quote on the installation of a dehumidification system at the Stillwate Library. OUr cost for 's work is $3,685.00. Our proposal in ludes controls, electric heater, electric wiring and all labor necessary We do not inclu e any overti.ne work. to contact me if you have any questions. e Howard Maass HM/ srf e AN EQUAL OPPORTUNI1Y EMPLOYER " e e e , LIST OF BILLS EXHIBIT "Aw TO RESOLUTION NO. 8246 Air Lift Doors Anchor Paper Company Blevin Concession Supply Co. Capitol Communications Century Laboratories Century Po.er Equipment Copy Duplicating croixside Opticians Cub Foods DAC Industries Vorsey and Whitney Drummond American Corp. Ecolab Pest Elimination Gered Marketing Inc. Glaser, Paul Good in Company Goodyear Auto Service Gopher Sign Company Gordon Iron and Metal Greeder Electric Company Grindstone, Inc. Hooley's Super Market Jim's Building Mte. Kromer Company Landscape Management League Mn. cities - Insurance Lind, Leslie and Gladys Magnuson, David Metropolitan Waste control commiss ion Minnesota Cellular One Motoro la, mc. Northern States Power Company Northern States Power Company Northwestern Tire & Battery Oxygen Service Company P. E. R. A. R & R ProdQCts Company R & R Specialties Reliable Office Supplies Short Elliott Hendrickson Sirchie Stillwater Area C of C stillwater Gazette Swanson, Doug Repair Garage Door $ Paper Concession Supplies Repairs Grease Gun Blade Developer Bows for Glassess Oven Cleaner stainless Steel Cleaner Legal Services-Oak Glen Cleaning Supplies Pest Control Tailgate ramp Boiler Engineer Pipe for Parking Signs 4 Tires Signs-Downtown Parking pipe/Iron Downtown Lights/Lift Sta. Sharpen Ice Knives Lawn Bags Monthly Mte. Fuel/Water Seperator Subscription Workers Comp. Parking Lot Purchase Legal Services SAC Charge-February Mobile Phone Radio Repair Energy Charge Street Lighting/Ice Arena Battery/Align Front End Grinding Discs/Cutters Deductions-Flory/Reuvers Blades/Cotter pins Zamboni Repair Easel Kit Engineering Finger Print Kit Meeting (3 Meals) Subscription Clothing Allowance 129.85 69.10 658.72 405.57 83 .64 10.95 140.00 12.50 28.11 87.54 16,106.78 1,588.64 185.00 33.33 200.00 441.00 137 . 88 2,195.19 163.40 457.95 90.00 5.98 676.60 26.40 25.00 27,045.25 927.00 4,779.95 425.70 4.80 141. 96 9,348.95 11,341.73 78.71 70.63 282.71 50.20 142.87 86.74 11,320.58 57.22 30.00 65.00 298.74 Taystee Baking Uniforms Unlimited Uniforms Unlimited Van Nostrand Reinho d Van Paper Company Viking Office produ ts Wybrite, Inc. ziegler, Inc. MANUAL CHECKS Blue Cross/Blue Shi 1d Cub Foods INC Star Junker Sanitation S rvice Postmaster Postmaster Stafford, R. H. Was ington County Treasurer ADDENDUM TO BILLS A. M. Leonard, Inc. A T & T Air Lift Doors American Linen Supp y Beberg, Byrdie Brooklyn Park, City Clarey Safety Equip The Courier The Courier Deb1on, Diane Earl F. Andersen & Gagnon Printing Corn Goodwill Industries Graybar Electric G & K Services Hoffman Refrigerati n Hoo1ey's T. V. Kriesel, Nile MIl Life, Inc. Mn. Fire Agencies Consortium Munici-pals National Fire Codes OEI Business Forms Reliable Concession Supplies Badges-Fire Uniforrns- Police Copy Landscape Constr. Plastic Can Liners Office Supplies Maintenance Computers Fuel Solenoid ASSy. February Billing NSF Check Bond Proceeds-Final February Payment Postage for Meter Permit Mailing Tax/plates-Dump Truck Planting Supplies Leased Equipment Repair Garage Door Linen Service Typing Services Meal - Kriesel Helmet Publications Newsletter March Health Insurance Blank Signs Report Covers February Expenses Starter Boards/Lens Uniform Rental Repairs State Garage Repair Micro-Wave Meals - workshop Term Life Insurance 1990 Membership Annual Dues 1990 Fire Codes Computer Paper Book 115.56 152.00 425.30 44.88 159.50 159.74 1, 965.44 65.54 2,130.12 145. 83 259,687.50 58,200.00 1,000.00 570.07 2,704.37 126.73 47.42 122.40 13 .00 227.75 11.97 173.50 230.04 923.00 197 .3 9 1, 016.50 260.48 507.34 356.00 658.78 180.70 53 .78 345.30 1,063 .53 25.00 5.00 287.55 340.32 23 .75 " l e . e e:, :~ e; e:, ~ , :~ I , .. R. L. Polk and Company St. Croix Car wash Sentry 'sys~ems.~ . Inc ."' Stafford, R. H. washington ~ County Treasurer I Stillwater Book & stationert Texgas Valley Auto Supply Viking Office Products Visu-Sewer clean and Seal VlyBrite, Inc. Yocum Oil Company Chial, Debra City Directories (6) Squads Washed (15) Install Alarm Equipment ~ 384.00 60.00 1,579.00 !' . .. 7 .50';, -... 456.46... 234. 4~".. 691.02.... 159.32 3 , 415 . 82 157.00 1,624.70 58.00 Plat Maps Office Supplies p'crpan~r--\ Jiuto Parts ". Office Suppr~es Televising S~wers Mte. Agreemet;t Fuel Oil/Gas!, Photographs .1 ) '.::... ) '~A Adopted by the Council this 6th day of March,'l~o. . ~-., -1 t. _., '_4_~'"'' APPROVED FOR PAYMENT .! " .'.,~-..~;,;....;t~ j t~_~ ; ~ .f''' .,' , '~:o,;. .p~; :'~o/._...*....'ot....-: .'.......c..__._-..;. ., '~ 1. 'I \ \ ~;~ "," ,f' , ,"~.J1' (:;. ..", ~~ // .. !) .~ "t' l' .. .~ ~ -"~t '- '. '. ~': , ,- ;~ .- ". , h."~ " .... .' ......... f/IIJI' '. ., < .: J .'.... . ... . ,~,_.... ". '~ _. '.. .., '. , .. .. ~ -, ..,... .~ -'.;..... ... ~ ~" ... . . . ,.". .. -:.. . :"'\ .~ 't...~ '~~1 f"'~" , ~ -<iI. . ... .,.. ..J'-"".; ':-;. e e e CONTRACTORS APPLICATIONS March 6, 1990 Fire Guard Sprinkler Serv.,Inc. Fire Protection System New 207 West Church,ll St. Stillwater, Mn. 55082 Gunderson Construction General Contractor New 142 No. Maine Bayport, Mn. 55003 CIGARETTE LICENSE Richard J. Anderson, dba St. Croix Catering 1599 McKusick Road Stillwater, Mn. 55082 New .' e CLAIM AGAINST CITY OF STILLWATER NAl.'1E 0 F CLAIMANT C, \:-\~R.\ ~e.. (jp. k To Lut0 t-\on"c;:..s CPt L16-rc'e.Li. FL~\iu.fl::) \ \ ~ ~ ~ue..u~~ CO-ll:.<cs t VSLu6..'w E:~.t. S:+ ; \\LLJ1l'hle: /Y~O~~~O. <-/30 - /0 '3 ) 2.- 23- 9tJ , ADDRESS WHEN DID EVENT OCCUR? WHERE DID EVENT OCCUR? ~'fi\J<:'fL 0 IV tJc\LthC6~0 P p.,~~ C> \- reo 'p~~~ . I WHAT .HAPPENED lOP\6.<e Ie- ,\J Lt,\..0 i ~ (1 ,C;!JOW 1 Px9f)e'R.. :2'5 --&J-. O\- .~<(~ 10~S' 66L0 t-J . W r~ s. 6 p. ""Pr~L . , WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? thE. i R.. Lb t::>. 6. [K.- . - ""'" HOW MUCH DID IT COST TO GET IT REPAIRED? WHO DID THE WORK? DO YOU HAVE ESTIMATES? YES NO IF "YES" I FROM WHOM? ~-~7-9D Date C:~~A-- ~.~ .., Signature p~~...~r \"'C\CUvvc,-<. ""',...1 , '..) You have to formally notify the City in writing within thirty (30) days It of the occurence of an event whereby you feel you have suffered damages. STATE OF MINlESOTA. OEPARTMENT OF PUBLIC SAFETY >- l 1- B- PS 32003-05 (3-871 PAGE OF 0 LOCAL CASE NO. I TR4FFIC ACCIDENT REPORT I NO, VEHS, I NO, lULLED I NO. INJURI HIT'rN 0 - 90- /335 :z. 0 () A~ND UNA;;eND. w to- 1 (FOR PO CE USE ONLY AS REO. BY STATUTE) ~ \ DATE OF MONTH DAY 9RIJ I ~ ~jEK I TIME 0 AM {NM COUNTY I~ to- ~ ~~ ~;2< WItSRIa;t:r7}KJ ~TW";. 5 r7 t. Lw.I'f-Y 7/Z >- (/) - ACCIDENT ..I . Z t-4 Z- ::TLSEM I ROUT~N~M: O~S~E:;AME . I 0 INTE~ECnoN J ,I lJ MILES 0 N 0 E OF 0 to- e w a: I C,/ ~ (' '- E- . W1TM OR,!) ~() . ~EET JJs 0 W l en ~ :J B- REFERENCE POINT .1 INT. ELEM'I ~JC j ON BRIDGE I r;TOS TAKE,,! ;jY~ I ROOT~S:REer;A; ~rrv i7t;:;ST. OR FEATURE en - - 0- m ~ m ~I c 14 + . a: ~o 0 UNIT NO.1- VEHICLE 1 UNIT NO, 2- 0 VEH 2 0 PEO 0 BIKE LL 3 DRIVER UCENSE NUMBER. 1 - /~ _ FIRST NAME :r- Rn559_l...t_ - ::> NUMBER AND STREET (CURRENT) - RJ?' 'S. ?TH ST: s- srlLLwlt~ 1110 55"8 Z. [ffDRAtGJL 0DDREa ~MPUG a 18-0 FIRST NAME OWNER. 1 TIDDLE LAST ISM}j DRIVER LICENSE NUMBER. 2 ISM,v ----;s MIDDLE L ST A 'tJ)..) j) E... FIRST NAME MIDDLE ~ MA<<TIAJ ::J1JHAJ t1C.~6t)G H I NUMBER AND STREET (CURREN1) V . ~ 12. S. 3~ b sr E R =:mLLW4-ro-e S~N ~5~<f21 716 cH~~ I ~~~fu ~rMi ~~ ~ FIRST NAME OWNER. 2 IolTDDLE lAST J 2.L/2A Bull- A1J1V /"f,-c, ooC; H --- NUM BER AND STREET g Af11'E. LAST WILuA-n '20 - CITY STATE ZIP CODE ~/Tlo'f D? NUMBER AND STREET a./~ N- STI/I IJJA-T~'~ '1T/f S {- r--- 18 rl ~ g,LE TYPE I YEAR AND VEHICLE MAKE WCENSE Pt.A TE NO. YEAR N/A 7 q INSURANCE CO: - 22 { 23 r 10 IJA I- ... I (' , "'[ l - 11 ~ \ ~ \ to "- ~ So .. DESCR11:J1ON ~ J tJPf.Y!..A-TlN" A- ell.l.f IJ r 577/ /;t. 70; :; o -~,uow 1i'1.I1D'V'+L vf.li/cl 4c..X1loJ'- ~ (gJ..v~ vc>>r /?OTh-TI/oj') #2 wtr$ fY'I~"J. /' ~ m OOt I'Jr A 'DR1V~ CLlA-;j wJl//_ ~ JJtII/lt.RI4/(;. 9 PIZZA. J5or#.# / ~:lt-Z STAre]) ~Cj ~ o $(.,IGII"Tt,ff tLJ~N ~ THy /HP4c'l cc.Go~€D. #/ S01....iZa./+€.. ~ :n SA u.J # z.. 8;9GCIAJ~ guT CbU(...u ,.vdT S'W ~ ,;' AJ ~ en //,..,e.h-.z ST ali~ t0~AR.i) ~ z IAAJ6 77fovC/1 r ~ ;/4-2) 7/"'~ 1D '/uJ2.A.J A-Rccx...J) ~ Q 1.8!:j Ibu..,J~6 /'" ~ .4 /U D f.3.1c.KJ "'-4 0 c.; r cr r;..;e Ok'lvtM ':t- 1.0( ... .I NAMES OF INJURED PERSONSIWlTN ESSES ~ JORESS 24 Z5 2lI 7:1 2lI 28 30 TO HOOP, , !1] [B) !1] [B) !1] [B) 00 [ffi II n no r:v.&u na ooz ...,,> %03: "'>m "3:> "'>z ~QC Z"'> 00 <"'0 ~ilill O"UJ r-"''' "'''0 ~" o ~ ~t:..,. / ~ ~~4 ASSISTING L. 1?/) ~~,e/ BADGE NO. ZJI CITY DEPARTMENT OR AGENC~ STA~ PAT. s9R. L~L O~ER DEPARTMENT OR AGENCY n n n n RECOMMENDATIONS o ENGINEERING . 0 PHYSICAL DR. OFFICERS RANK AND NAME S17~ BADGE NO. CITY ,Jy. ~L'f ~/LtA~~JJ/uJ~ A~ ~~ . 70; ?~v ~; illwater ~pN9Q ~ --~ THE BIRTHPLACE OF MINNESOTA i) e APPLICATION TO CONSUME Applicant Information /-1 "ljJ / /'V I J c- r' Qt'L7'. /r Name of m"gani zat iClrl__..;.~~_~~VWF_~~~L-k-11-l_.:=.-?_~.:~::::::::---E::l-'v--e... ~!~, Appl iC2,nt l\Ia.r'le (Full) ___~~___Z-!l.A..._L:).'::5:;.,.e?dL~~____--------- Sb"eet 8-ddt"ess ..} j,j, ~- 1/1~L. ,/4, ~it"th Df!Jte _ . I ~.? ' _ ~----------_t!Zw~..h.-.L~ ?:-L -€. <V ~~~~ C 1 'Cy _~-1.~_ St ate_____________~___ Z i p_____________ Wm"k Phone_L.~{]_~E~!!::! H,:)me Phc,ne e Facility Information /?) /1 '~;{. ;/.r ./} -4-- ,-- -"1..-) ~ Pat"k CI\"" f ac i 1 i t:L ':. be 1_lsed__~~_~tF.f=~~ CXJ-Y,I ~~ E':vLC. L-r:, -./I'; C1 -OJ c.l d . //' . ..,..... t , ~ ~ -' Date to be useg___~_L_~7_~~__ Tlme to be used____~_l~~__~~_~~~:~, Numbet" I:)f pet"s.:,ns expected_______~_~.::__..l~~_______ . PUt"pc,se (softball game, wedding, etc.) __~~~_~~~__. Type clf activity(rund t"aiset", dancing, music, etc.)~ /._n /{~~ ~/L1 _____________________________kk~~_~~~__~~~f~:::~----~~~~~- Check Appropriate Information Beet" t.:) Corlsl..lme ~~~Z=Beet" t c. Se 11 &: Consume ________Liql..lor to Consume ________Liquor to Sell &: Consume Wine to:. Corlsl.lme ________Wine to Sell & Consume Security Information(Irlter"nal Use Drily) Police Officer Required by City?_______Yes._______No. Officer Rate of Pay $________ ;-.J'7';- :,,:.-,=,,::-1-". i-f.;:::;, ,_,,::,: :_' :--<._.'f_...J Mail License To: (If different than applicant) 4It ---------------------------------------------- CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 i ~,,~; " ;i- }'~;i~ Department of Revenue - Gaming Division Mail Station 3315 . St. Paul, MN 55146-3315 (612) 297-5300 (t, ~*1! II .;, ,. * For Board Use Only Paid Amt: Check No. Date: GAMBLING L1CENS~. ~ENEW A'L APPLICATION ",.,. ~. t7 t1 89 2. Street Address 279 E " rtle St 4. County lIashinQton LICENSE NUMBER: _I 1, Applicant-Legal Name of Organization I EFF. DATE: I AMOUNT OF FEE: 2..... 3. City, State, Zip Stillwater "M 55882 6, Name of Chief Executive Officer Dou Las lacher 8, Name of Treasurer or Person Who Accounts for Revenues Tholllas Rider 10. Name of Gambling Manager . Phili 'Eastllood 13, Name of Establishment Where Gambling Will Take I?lace Elks lo4 e 179 Stillwater 5. Business Phone (612 439-5276 7. Business Phone 612 439-1881 11. Bond Number :;...,t 'i9 ~ s J. I'~ nWlU1'Hfjtg ,_, 14. Coiu?lY ,"" . _ija~ Mton- fZi- () J 0 j "CJ 9. Business Phone ( 612) 439-1737 . '''12:~8'tisiness Phone ~ .., 612) 439-8556 15. No. of Active Members $ t:) 16. Lessor.!':lame Richard Urcher 18, If Bingo will be cOl"lducted with this license, pie Days Times d" ill) ~ 'specify days and times of Bingo. Days Times- # ~ ,-,1' .. Days .....,." \ 'Times IIi se ev~r belen: i10 Nfl 0 Suspended Date: H () 0 Denied Date: )( () 20, Have internal controls been submitted previously? IX Yes . 0 No (If "No," attach copy) 21, Has current lease been filed with the board? ~ ~es 0 No (If "No," attach copy) ,22: Has current sketch been filed with the board? . oR Yes 0 No (If "No," attach copy) ..... ;i~$f.]:;;;"" ' GAMBLING SITE AUTHORIZATION .......... ....>,. By my~jg~re below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being condUcted, to observe the gambling and to enforce the law for any unauthorized game or practice. "'~v-~rr '.. . .... BANK RECORDS AUTHORI~T.lON. ~) By .my sig~atutebelow, the Board i~ he~iiYlhQif~~jt~""'Y1E(t3ai)h.@ct.9r9Jllf t~e/G~neral Gambling Bank Account when ever necessary to fulfill reqUirements of current ~aAlbltng rules and ~W. . J '".~ ""'-'/ --''1 OATH." / I hereby declare tha!: ) )\,;'11'.' . S ::: uX :.L 1. I have read this application and all information. l>ub.lJlitte~ .to,theBoarct. ' ,5-r;, j.;. L.J J1 i E ;~I 2, All information submitted is true, accurate.and cOnlplete;/ ~.' i,h ..:. i. ~ 3, All other required information has been .f,u)N;t:lisclosed; .1 4. I am the chief executive officer of tli~'o(ganization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; FA A J, -;"ti J 'k'L~ to>. v 6. I will familiarize myself with the laws of the S!~te ~J J1!1ill.t:1~~QtaJespecjin91gfill'bfing and rules of the board and agree, if iiCen'sed, 'to abide by those laws and rules, including amendments thereto. :t. ACKNOWLEDGE T OF NOTICE BY LOCAL GOVERNIN ODY I hereby acknowledge receipt of a copy of this application, By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitdble Gambling Control Board and if approved by the Board, will become effective 60 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control ~oard ~ithin,sO days of the below noted d?te. .-:- .;;_ 24. City/County Name (Local Governing Body) v<,......~. Township: If site is located within "a township, please complete items 24 fO. I ':' i.' {" '" C'j /1 and 25: i, 5ignatur of f'~rson Receiving Application: 25~~S'ignatu;'e of Person Receiving Application ;\1' v , .'. &-;_~"" '."-.-. ,'::i.o"-. 'i-? IT. .ille D:1t Re. ceived (this date begins;o day period) /,7' ~ {/ "./ v, ./2-.:.../ ~ Name oyPerson Delivering Application to Local Governing Body: Tille: Township Name CG-00022-01 (4/89) White Copy - Board Canary-Applicant Pink-Local Governing Body e e e ~ LAKEVIEW MEMORIAL HOSPITAL 919 W. Anderson Street, Stillwater, MN 55082 February 28, 1990 Ms. Mary Lou Johnson City Clerk City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Dear Ms. Johnson, As you requested, this letter will provide you with the details of the banner we would like to hang on Chestnut St. to promote the community-wide health fair. The fair will take place at Courage St. Croix on Saturday, April 7th from 8:00am to 3:00pm. To help promote this worthwhile community event, we would like to hang a 25'x 3' banner from March 31 through April 7th which will read: FAMILY HEALTH FAIR APRIL 7TH 8AM-3PM COURAGE ST. CROIX Please don't hesitate to contact me with any additional questions you may have. Thank you for your consideration. B:JQ;r1~~)J11 ! Jennifer ~lagenhaf~ ~~ Director of Public Relations 439-5330, ext. 302 ~ l ~ -er -\-ou..? V\. Y D,)( f L! c~ f r f,.:J ;;z 1 F--eh L ~ Li 0 e . Yholry La Vl ~d> ~ h-56V\} . . '::L 0, "" w r', h "fr Y 6 Y., .\-J >~ . Ld-+-e y- to 'c; 1 Y\{l" VW\ + ~ e... C- ~ +-1 + h '" +- '::Lf La, V1 <ZJ 10 ~o J ~\g- +0 C\ 16,,00 M 10., ~ W\ '^ l-1'\. po, re.. I:' YV\ OJ V'~" AU .+~. €- CL\b 3 j'y\+ he c \lJl~5 .h..ot U ~ .-.\- ~ ('S e Ihl\~ Vl~(WlV\W'. +Q~V'e- ~V\dL':c:f2,'VlcO ........'X M(AS~ qLSDH \\iJ . " 11 <9 +" ; +- 0 ~ ':1: w \ 1, L f q'?t-+ ke. 3, CJi)1v\ I" "111" '" ,Fc,ve-;t (9 '^t-~e .ds sh Io,y c.. v-cD Sof~y c. 0 v S___(J. LO":i; 9 IdJe- +h e.. r.o.. {e-=> / LV h ; c.~.VJ eye- re. f-~ I ("~~ f ok. fcJs..f--dL + h-e V'e- ~ 'I- <-0 ~ LL ~ L Q () ftA + L e++e.v {';p- CJ0-+h-e.- re~r &DDY'S (erl-er~or) fO~tAvfhf?v '-Q.. V\ S l.,\ r e- fe- C) f L ~ . L-0 (\\ L L 10 ,e... c\ LAJ::\.r -e.... 0 ++1'\ -e e VV\ t v\ (W\ L-tw'\. +o..reo y~ \' <; \. .. VV\. \ V\ ( I.'Y\ '^",..... ,~ n'€ c e<;.S;q ry +D cQ&~o,y +k.<e. h,~l ccs+s 0+ C>f"rd1~s- ~ -;JIPt 11./C Yo &\; 1M i-'~ r r'~l+'1 d + S;;-f-,~'2 L4Jq+-e r ~ ~tt/\ It;:: I'M (own TrJ e e e d-'/~ f / 7 c DAVID T. MAGNUSON ATIORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 soum MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 February 21, 1990 Richard C. Ilkka Mr. Wally Abrahamson, Mayor 216 North Fourth Street st}l1water, MN 55082 ~ty Council of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Re: Outlot D, Cottages of Stillwater Dear Mayor and Council Members: Outlot D of the Cottages of Stillwater is a parcel of land along the easterly boundary of the Cottages property that is encumbered by a city sewer and is the proposed location of a future roadway. This outlot was not dedicated when it should have been some years back and we have recently gotten the deed to the parcel from Paul Emerson who is the owner. When we attempted to record this deed, we found delinquent taxes against the parcel that prohibit the recording of the instrument. When we obtained a printout of the delinquencies, we find that if the delinquencies were paid, $702.16 of the taxes would come back to the City in addition to a large portion of the penalty and interest. Diane, Nile and I think it would be cheaper and quicker to have the City pay the delinquent taxes and then receive them back as part of the settlement. That way, the title to this land would be forever in the City and a problem could be closed out with very little expense. Accordingly, we request a check payable to the Washington County Auditor in the amount of $868.42. My office will advance the I Mr. Wally Abrahamsob stillwater City Cou~cil February 21, 1990 Page 2 recording fees whic should be $20.00 and bill the City for this amount when we know the exact number. Very truly yours, DAVID T. MAGNUSON vJ1 DTM:kn c: Nile Kriesel Diane Deblon e - e e e e TEASDALE &ASSOCIATES 4530 Excelsior Boulevard Minneapolis, Minnesota 55416 (612) 927-8529 FAX (612) 922-9102 February 26, 1990 David T. Magnuson The Grand Garage & Gallery Suite 260 324 South Main Street Stillwater, Mn 55082 Re: Cottages of Stillwater Complaint by Eleanor Bourdon Dear Dave, I want .to respond to a copy of a letter you sent me that had been received by Ann Bodlovick from Eleanor Bourdon. Mrs. Bourdon and her daughter, Janet, have been residents in the Cottages of Stillwater since October 1987. In her letter Mrs. Bourdon alleges several things: 1) "Teasdale has not done a thing to finish off Phase II". 2) "She has been asking to get things done around here". 3) "She got railings and gutters installed". 4) She got an "eviction notice" wanting her out by December 30, 1989. She got the Attorney General's office to extend it to June 30, 1990. 5) "They tell the people if you are unhappy here, move and they do it's a constant turnover." 6) "There is so much negligence shown here." First I will respond to the allegations: 1 ) We have spent extensive time and money touching up construction errors and adding to the original construction. We have redone water heater elements to reduce residents water heating cost. We have reinsulated many units. We have added railings on steps. We have added gutters. We plan more work with drainage and insulation and will do so as our budget allows. ~ ,~ '}0 "~' '( 2) Mrs. Bourdons request are treated the same as any other residents. 3) Mrs. Bourdon was not responsible for installation of the gutter or railings. Both items had been on a work list since we took over manaqement in October 1988. The e resident mana er, Lee Minks, requested this work in the initial meeti g we had with her. 4) Mrs. Bourdon refused to sign a new lease when her old lease expired in June 1989. In addition there were numerous inci ents where she was verbally abusive to residents and the resident manager both privately and publicly. We did then send her a letter informing her that we woul not renew her lease and requested she vacate her unit by December 31, 1989. She did go to the Attorney Gen raIls office and in response to her request to remain in her unit until June 30, 1990. We did agree that this wo Id be satisfactory. Mrs. Bourdon has been asked to lea e because of her incompatibility with other residents of The Cottages. 5) We have had urnover at The Cottage well below that experienced 'n other complexes. We do attempt to learn the reasons hy people leave and if it is possible take action to in rease resident tenure. We have done some of our ~hysical improvements based on what we have learned from outgoin residents. We are not aware of widespread dissatisfact'on with our work. We do expect some turnover in esidents. I am not awa e of the alleged negligence. If it is specifically pointed out to us, we will review it immediately. e 6) Mrs. Bourdon seem with people. We we would to any r October 1988 we Our reason for no abrasive and abus management, we fe dealing with peop sometimes be very understand this. abuses or infring to have some problems in getting along ave attempted to responds to her request as sident. Since taking over management in pparently have been unable to satisfy her. renewing her lease at this time is her ve behavior with other residents. As 1 it is our job to field complaints and in els homes, we realize that things can upsetting to individuals. We respect and We will not however tolerate a resident who s upon the rights of other residents. If there are any ther questions on this matter, we will be happy to answer tern. e cc: Nile Kriesel City Coordinator Wally Abraha son, Mayor Stillwater C'ty Council e e e TO: FROM: SUBJECT: ~il~te~ TRE "'''''ACE OF ""ES'~ February 28, 1990 M E M 0 DOWNTOWN BUSINESS PARKING TASK FORCE MEMBERS WALLY ABRAHAMSON, MAYOR MARCH MEETING This is just a reminder that a meeting of the Downtown Business Parking Task Force is scheduled for Monday afternoon, March 5, 1990, at 4:00 P.M. in the upstairs section of the St. Croix Club, 423 South Main Street, Stillwater. WA/mlj CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e THE CITY OF dlI(a~ine on cSt. Cwix BOX 234 MARINE on ST. CROIX, MINNESOTA 55047 March 5, 1990 Senator Gary Laidig Representative Douglas Swenson State Capitol St. Paul, MN 55155 RE: S.F. 1420 and H.F. 1569 Dear Sirs: On behalf of the City of Marine on St. Croix, I am writing to express our great concern and strong opposition to S.F. 1420 and H.F. 1569, a copy of H.F. 1569 is attached. The bill is represented to be a means to resolve disputes between a city and a county, where they cannot agree on the changes or modifications . to be made in a county state-aid highway. While on its face, the bill is neutral, as a practical matter the bill could act to allow the city's concerns to be ignored or overruled. The bill provides that if the city fails to agree with the county's proposed changes in a highway, that the county may refer the dispute to the Commissioner of Highways. The commissioner is to establish a review committee which is to make a recommendation. The committee consists of two members from the county, two members from the city and a MNDOT engineer. The problem with this approach is that since the county will have designed the highway to state standards, there is little for the state engineer to do but look at the plans and agree with the county. My general experience with road engineers is that their basic design criteria is that "The wider, the straighter, the flatter, the better." There are other considerations that should go into designing and building a road, such as, scenic, historic, sociological and economic impacts; these are factors cities bring up when disagreeing with a county's road design. First, I question the need for the change in law. Has there really been so many problems that this new process is necessary? Second, if there is a problem, the law should provide that additional factors be considered. I suggest that the bill be amended on Section 2, page 2, after line 19 that: consider and historic. engineerina the hiahway The recommendation shall address the scenic. socioloaical. economic and aspects anq ~acts of des i 911.... Further, I suggest that the recommendation require either a four fifths majority or a unanimous approval. I am told that there is an amendment being considered to require that there be one year of negotiation between the city and the county prior to referring the dispute to the Page Two commissioner. This doesn't solve it. This matter is Marine on St. Croix with the County over I hope there will agree on the final position of being f and its residents vi I thank you in matter. If I can free to call me at w GAL/kgb Attachment e March 5, 1990 only delays the concern identified above, it f real and immediate concern to the City of We are currently in the process of working the reconstruction of County Road 4. While ot be any problems and we will be able to esign, I don't want the city put in a rced to accept a road design which the city w as detrimental and destructive. dvance for your support and concern on this e of help or answer Questions, please feel rk on 338-3380 and at home on 433-2896. Very truly yours, .~~ t<..ek~V~~8 Gregory A. Ludvigsen, Mayor e CC: Senator J. Vick rman Representative . Johnson Representative . McPherson John Stanoch (M Trial Lawyers Association) Joel Jamnik (Le gue of Minnesota Cities) Cindy Jepsen Wanda Russell Washington County Mayors e League of Minnesota Cities 1[[[5 e Cities Bulletin Number 4 March 2, 1990 Governor's budget cuts hit cities hard Current year LGA and HACA would be cut $66 million Governor Perpich singled out local governments, largely cities and coun- ties, to bear the brunt of budget cuts which the administration insists are necessary to deal with the state's fore- casted $145 million shortfall. e In announcing his budget recommenda- tions, the governor reiterated his pledge of no tax increases, and no reduction in the state's $550 million reserve fund. While pushing harsh cuts for cities and counties, the governor recommended a $55 million increase in spending for drug prevention, child care, alternative care, gambling enforcement, and K-12 education. The administration's budget calls for a $66 million cut in city, county, and township local government aid (LGA) and homestead and agricultural credit aid (HACA). The cuts force spending reductions upon cities, not allowing them to make up the cuts with increases in other revenues. The cuts would be made in Pay 90 LGA and HACA due to be paid in July and December of 1990. The cuts would be pennanent, accumulating to approxi- mately $300 million in aid reductions by FY 1992 and 1993. Aid amounts would not be restored to their original level. Under the governor's plan, the LGN HACA cut for each city would be equal to three percent of the city's "certified levy plus LGA" base. This cut will come well after cities have set their levies and budgets and have relied on a commit- ment by the state. The aid cuts would also be forced upon cities when they are already half way through their budget year, resulting in a concentration of spending cuts in the latter half of the budget year. Cities are already locked into salary and many other spending commitments. This situ- ation will cause far steeper service cuts than three percent of spending. See Budget, page 7 ," q.............q.....................q...q.......q ...., ............................................................................ :::.:I.I.lllllllillllli.I:I.~:: Pay equity goes to Senate floor; League still opposes The pay equity bill, S.F. 488, has been passed out of committee and is now on the Senate floor. A copy of the bill as it now reads is reprinted in the Bulletin beginning on page CW 1. The House Committee will have a hearing on the House companion, H.F. 1198 (Wayne Simoneau, DFL-Fridley), on Monday, March 5, at 8:00 a.m. in Room 10 of the State Office Building. e Simoneau said that he intends to work from the Senate version. If the House does not significantly change the bill, there may be no need for a conference committee. The bill was amended significantly in committee. The definition section was completely overhauled. The committee removed the scattergram approach and pattern language. The new section now states that equitable compensation rela- tionship means that the compensation for female-dominated classes is not consistently below the compensation for male-dominated classes of comparable work value within the city. Most city officials welcome the change, but remain concerned that the bill will cause further and unnecessary disrup- tion in local compensation plans. The bill would clarify that the intent of pay equity is to eliminate sex-based wage disparities in public employment in this state. Further, the bill would state that the pay equity law does not require a political subdivision to increase the com- pensation of a class if the undercompen- sation cannot be attributed to the sex of the members dominating the class. The latter change is intended to elimi- nate pay equity adjustments to male- dominated or balanced classes. The bill would require the commissioner of the Department of Employee Rela- tions to consider recruitment and reten- tion difficulties and recent arbitration decisions, among other factors. Passage of this bill seems likely even though the League and other govern- ment associations still oppose changes to the law. JJ ,- Cont nts Page Articles Governor's budget cuts it cities hard........................ 1 Action Alert--Pay equit goes to Senate floor; League still oppo s........................................1 TIF bills get hearings..... ...........................................3 House bill goes t taxes committee..............3 Senate bill remai s in committee.................4 Analysis of H.E 2209--tax increment finance... ..........................................5 Ambulance retirement i part of rural health care bill.... .............................................6 Action Alert --Committe to hear cigarette vending machine statute................................6 Open meeting law amen ments................................6 Changes proposed for tru in taxation in 1991...........7 Job impact statement bill advances in Senate.............8 Action Alert--Elected 0 ficials' pensions under study... ...... .......... ..................................8 MPCA proposes new w tewater grant rules............8 League and police seek mendment to human rights law........... ..................... ..... ..... ............ 9 House elections divisio approves local government elect on bill................................ 10 Federal Update Minnesota cities focus 0 housing needs...................9 Conferences................ .......... ....... . ..... ................................ ......1 0 Text for S.F. 488......................... ......................................CWl I I I i I ! I I I L__, page 2 Bill Summaries.......................... ..........................................B I Municipal Ads.... ...... ........ ......... ..... ........ ........ ........ ........ ....G 1 Legislation Conference Agenda and Registration..............G2 Printed on recycled paper The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropolitan Municipalities. e League legislative staff members are available to answer your questions concerning legislation, relating to cities. The Bulletin lists League and AMM authors of articles and bill summaries by their initials. Jeannette Bach--JB Laurie Behrends-- LB Chuck Bichler -- CB Gayle Brodt -- GB Merideth Chelberg -- MC Jean Mehle Goad -- JMG Thomas Grundhoefer -- TG Sarah Hackett -- SH Laurie Fiori Hacking -- LFH Carla Heyl--CH Ann Higgins -- AH Joel Jamnik -- JJ Andrea Lubov -- AL Debra Nyberg -- DN Stanley Peskar -- SP Roger Peterson -- RP Vern Peterson -- VP Barry Ryan -- BR Donald Slater -- DS Peter Tritz -- PT Lynda Woulfe -- LW e e LMC Cities Bulletin TIF bills get hearings e e City officials wait to testify at the hearing on the tax increment financing bill before the House Economic Development Committee on Wednesday. Pictured (from left) are: Charlie Darth, intergovernmental relations, Brooklyn Park; Craig Waldron, economic development director, Roseville; and Bill King, city administrator, Waconia. League photo by Debra Nyberg House bill goes to taxes committee The House Economic Development Committee conducted the ftrst hearing on the tax increment ftnancing bill, H.E 2209. The bill's authors are Ann Rest (DFL-New Hope), Paul Ogren (DFL- Aitkin), Bill Schreiber (IR-Brooklyn Park), and Wayne Simoneau (DFL-Fri- dley). In its original form, the bill would call a virtual halt to tax increment ft- nancing, and many cities will be forced to increase their levy in order to com- pensate for the reduction in LGA and/or HACA mandated in the bill. e The committee was able to pass a num- ber of amendments that substantially weakened the harshest provisions, how- ever, the committee referred the bill to the tax committee without recommen- dation. The Tax Committee is likely to try to restore the bill to its original con- dition. referendum and initiative, shorten the duration of future districts, target TIP to remove blight, and place limits on eco- nomic development districts. Those testifying in support of the bill included Tom Triplett of the Minnesota Business Partnership, Hennepin County Commissioner Jeff Spartz, Woodbury City Councilmember Dave Gruber, Department of Revenue Assistant Com- missioner of Tax Policy John Tomlin- son, and Ramsey County Commissioner Ruby Hunt. In her introductory remarks, Rep. Rest stated that under present law, the state must pay a substantial portion of the cost of redevelopment, but that the state has no voice in what cities are doing. She said H.E 2209 would increase accounta- bility, reduce state costs, deal with sur- plus increments, impose volume limits, allow for citizen input through reverse See TIF, page 4 March 2, 1990 Printed on recycled paper page 3 TlF, continued Bill King, Waconia City Administrator and Bob Long, Saint Paul City Council- member, spoke against the bill. The committee considered a number of amendments to H.P. 2209 and approved amendments which would: * Consider developer payments as ex- cess increments (which would be redis- Senate bill remains in committee Senator Ember ReichgoJt (DFL-New Hope) substantially revised the Senate tax increment financing bill (SF 1760), modifying a number of provisions that would have made it even more difficult for cities to use tax increment financing. The Senate Economic Development Committee heard the revised bill on February 26. When it became apparent that there were not enough votes to pass the revised bill, Senator Don Frank (DFL-Spring Lake Park), asked to progress the bill. This means the bill will remain with the committee. It will not go to the Senate Tax Committee until a majority of the senators on the economic development committee vote to pass the bill. No further hearings have been scheduled. During the hearing, Senator Tracy Beck- man (DFL- Bricelyn) voiced a number of city concerns. Senator Beckman ques- tioned the bill's limiting the use ofTIF in municipal development districts. (More than two-thirds of the cities that have used municipal development districts contain fewer than 10,000 residents.) The original bill prohibited TIF in mu- nicipal development districts. The re- vised bill would allow the same activi- ties as a housing and redevelopment authority. Senator Beckman asked if there were abuses in the way cities were using municipal development districts. Sena- tor Reichgott replied that her bill was designed to reformulate policy, not cor- page 4 'buted to other taxing jurisdictions) o ly if they were not to be used for q alified project costs; * pply school aid recapture and corre- s nding LGA and/or HACA reduction o ly to prospective districts, not to all . tricts; * liminate the provisions allowing for r verse referendum; * Repeal the new more stringent "but for" language; and e * Eliminate provisions prohibiting land writedown below fair market value The final TIF provisions will eventually be part of the omnibus' tax bill. AL e ep. Todd Otis (DFL-Minneapolis) Chair, Economic Development Committee, istens to testimony during the hearing on H.F. 2209, the tax increment financing ill. Also pictured is Mabel S. Canty, committee secretary. League photo by Debra Nyberg ect abuses. While she saw no problem ith current use, she was concerned that ore use could be a problem. Printed on recycled paper . Cities that lobbied their senators who are on this committee were instrumental in stopping the bill. AL LMC Cities Bulletin e Analysis of H.F. 2209--tax increment finance LGAlHACA cuts The bill would reduce LGA and HACA payments to cities to offset a portion of the (presumed) increased school aid payments resulting from tax increment financing. The aid reduction depends on the number of years for which increment has been collected and the type of dis- trict. Cities could transfer unencum- bered tax increment or levy to cover the aid reductions. The basis for this provision is that all the development would have occurred with- out any TIP assistance and it applies retroactively. Cities with existing dis- tricts will lose LGA and HACA, no one has budgeted for this purpose. e Blight test The bill stipulates that a building is not substandard unless it does not comply with the building code applicable to new buildings or if the cost to have the build- ing comply with the building code is less than 25 percent of the cost of construct- ing a new structure of the same square footage and type. In many small communities buildings that are presently considered substan- dard are worth so little, that the cost of bringing them up to code often exceeds the current value of the building and it still is less than 25 percent of the cost of constructing a new building. Economic development When creating an economic develop- ment district, the bill requires the mu- nicipality to find that the project will expand or preserve employment or tax base in the state, rather than the munici- pality. e This provision will be extremely diffi- cult to satisfy, particularly given the reverse referendum and litigation provi- sions of the bill. If a city makes this finding and it is not true, they could be sued by the county, the commissioner of revenue, or a taxpayer. But for test The bill substantially modifies the but for test. Under present law, the city can satisfy the but for test if the city finds that the proposed development would not occur solely through private invest- ment in the reasonably forseeable fu- ture. The proposed bill would require the city to make findings that development or redevelopment would never occur with- out public assistance. County road costs The bill extends the application of the county's authority to charge the cost of road improvements to a TIF district to all types of districts, rather than just soils condition districts. Redevelopment criteria Each redevelopment, renewal, or reno- vation district must be in a redevelop- ment and renewal project area. These project areas must be contiguous and compact and must include a minimum ono acres. Atleast half of the area must be or have been occupied by buildings or improvements during the last five years. If there is general inflation, property that is declining in value in real terms would fail to meet certain criteria. If the area is substantially residential, the district must include a good deal of commercial prop- erty in order to capture enough incre- ment to do any redevelopment. The 30- acre requirement would preclude rede- velopmen in virtually every downtown in Greater Minnesota. Reverse referendum and initiatives Under provisions of the bill, creation of new TIP districts and amendment of existing districts is subject to a reverse referendum if five percent of the people who voted in the last general election petition the municipality within 60 days after a city approves the district. The election must be held 30 to 90 days after receipt of the petitiou. If the referendum is successful, the city may not include the area in another TIP district for two years. The bill also allows the voters in the municipality, county, or school district to petition to decertify existing districts. Duration limits The bill reduces the duration limits for housing districts and redevelopment districts from 25 to 20 years. The bill allows a 15-year duration for renewal and renovation districts. Shortening the life of the district reduces the amount of assistance that a city can offer. Levy limits The bill provides that distributions of excess increments will be deducted in calculating the recipient govenunental units, levy limits. Economic development districts The bill provides that economic devel- opment districts can only be for manu- facturing and warehousing and for tour- ism projects in Greater Minnesota. Ten percent of the buildings and improve- ments may be for other uses. If a city uses TIP to improve speculative sites, and nonqualifying projects end up using more than 10 percent of the site, owners of the sites must pay back 90 percent of the benefit they receive from the improvements. The bill treats these payments as excess increments and dis- tributes the excess to all taxing jurisdic- tions. Land write-downs The bill eliminates land write-downs below fair market value in all types of districts. Volume cap The bill imposes volume limitations on TIF. The cap is between 10 percent and15 percent of tax capacity. Cities with See Tax increment, page 6 March 2,1990 page 5 Printed on recycled paper Tax increment, continued relatively low tax capacity have a higher cap. Ifa city's population is greater than 20,000 and at least 25 percent of its housing stock was constructed before 1940, its cap is 15 percent of tax capac- ity. Pooling The bill imposes restrictions on pooling and requires binding legal commitments for spending on TIP activities to be made within five years of certifying the dis- trict. These provisions apply to all dis- tricts, including pre-1979 districts. At last 85 percent of the revenue of a istrict must be spent within the district r to pay bonds. ive years is not long enough to amend a TIP plan. It takes longer than that to nderstand what is and is not working in a district. eveloper repayments he bill requires that if a developer pays assistance the city provides through x increments, the repayments are ex- ss increments that go to all taxing j . sdictions. Ambulance retirement is part of rural health care bill The rural health care bill, S.E 1881, H.E 1965 (see bill summaries) proposes major changes in the ambulance attendants and drivers pension program within PERA. It would allow public or private ambu- lance services to elect participation in a PERA-administered defmed contribution plan if they are not covered by another pension plan. Those now participating in the present PERAplan would remain eligible. The bill provides for annual periods in which ambulance services could elect to begin or end participation. Individuals within a service which de- cides to participate would have 30 days to join. Funding for the plan would come from a portion of the extra $2 motor vehicle license fee. Each year the state would divide the available money among the nsion accounts of participating indi- iduals based upon the number of units ach individual participating accrued for at year. Each member would earn two nits for each service year after January , 1992, and one unit for each year up to ve served before that date. Beginning ith the sixth year after start up. alloca- tons for prior service would end. he plan would have a 60-month vesting riod and would be non-contributory. side from the $2 additional vehicle 1 cense fee, perhaps the most controver- ial part of the proposal is the inclusion f private ambulance services. If you ave comments on this or any other part fthe rural health proposal, please con- t ct Stan Peskar of Joel Jamnik. as well s your legislators. SP Open meeting law am ndments The Senate Data Privacy Subcommittee of the Judiciary Committee met on Fri- day, March 2, to consider amendments to the state open meeting law and data practices act. The House companion to this legislation is currently on the House floor. Among other things, the bills as drafted would page 6 dopt different rules for private discipli- ary action for lower level employees nd public disciplinary actions for ex- cutive and managerial level employ- es. Additionally, police officers and t achers would have much of their disci- linary actions and records open for public eview. A full report on the status of this I gislation will be in a future Bulletin. J Printed on recycled paper This provision could affect revolving loan funds and other forms of city assis- tance that are funded through tax incre- ments. The city would not have much incentive to require developer repay- ments. e Taxpayer lawsuits The bill authorizes taxpayer suits. Costs and attorneys fees will be awarded to the prevailing party insuits. For a complete summary and analysis of H.E 2009, contact Andrea Lubov at the League office, (612) 227-5600. AL -- Committee to hear cigarette vending machine statute Bills which would enact partial bans or restrictions on cigarette vending ma- chines statewide will be heard in the House Commerce Committee, Tuesday. March 6, from 10 a.m. to noon and in the Senate Commerce Committee, Thurs- day. March 8. from 10 a.m. to noon. The League strongly opposes provisions in these bills which would pre-empt local government authority to enact cigarette vending machine ordinances which are more strict or stringent than the state statute. e Please contact your legislators as soon as possible and urge them to not pre- empt local government authority in this area. There has been no demonstrated need for unifonnity throughout the state. The League also believes that the state statutes in this area should parallel the state liquor statutes which authorize more stringent local regulation. JJ e LMC Cities Bulletin Changes proposed for truth in taxation in 1991 e Representatives from the Department of Revenue intend to propose substantial changes to the scheduling requirements for truth in taxation hearings. After the conclusion of the 1989 speciallegisla- tive session, the department gave each county auditor the responsibility for coordinating scheduling of hearings for their county, and all schools and cities within the county. The department asserts that this coordi- nation responsibility was too time-con- suming for county auditors and was not an effective process to ensure compli- ance with the truth in taxation require- ments. e The proposal would set aside one week during which each level oflocal govern- ment would have to hold their public hearing. Forexample: citiesmighthave the week of November 15 through No- vember 21 to hold their initial hearing, the county could have the following seven days, and the school the seven days after that. The proposal will proba- Budget, continued According to the budget document, these cuts reflect the governor's "belief that cities, counties, and towns, like state agencies, can reduce their costs and improve service delivery." Finance Commissioner Peter Hutchinson said that local governments must share in the bur- den" of spending reductions. Hutchinson said that the three percent local spending cut is "less than the five percent cut for state agencies," referring to the governor's proposal to cut state operating expenditures five percent or $36 million for this biennium. This comparison ignores, however, the im- portant difference between the local and state spending cut. Cities would have to make unplanned, mid-year cuts in serv- ices while the state could plan prospec- tively for cuts in agency programs. e The governor's recommendations also ignore the $100 million cut in LGA and HACA enacted in the 1989 special leg- islative session. March 2, 1990 bly recommend that the days remaining after the assigned third week be for all units to hold a second hearing, if one is necessary. Local governments would be out of compliance with truth in taxation if they did not comply with this schedul- ing. At this time, it is not certain which week during the November 15 through De- cember 20 timeframe cities would have. The department intends to notify local governments of their assigned week by August 1 of each year. The League raised objections to the assignments of weeks when it was dis- cussed during the 1989 regular and spe- cial sessions. The League does not be- lieve that attendance at the budget hear- ings could be reduced if cities have to hold the hearing on a night that does not fit into their regularly scheduled council hearing day and week. Such a schedul- ing could prevent people who own prop- erty in more than one city from attending the hearings of all of the cities. The cuts affecting cities are highlighted below: HACA cuts. The budget proposal would eliminate the automatic increase for inflation in the Pay 91 HACA formula and would change the household growth factor to a lower homestead growth fac- tor. These cuts result in $16 million in savings in FY 1992 and $49 million FY 1993. LGA reductions. The budget plan would eliminate inflationary growth in the LGA formula, resulting in a savings of $15 million in FY 1992 and $30 million in FY 1993. Aid cuts for low tax rate areas. HACA payments would be cut to cities and towns where tax rates are less than 90 percent of the state average. The plan also reduces disparity reduction aid. Combined, the HACA and disparity aid cut would amount to $14 million in FY 1992 and $24 million in FY 1993. Printed on recycled paper Discussions are also taking place to address the interests of people who pay property taxes indirectly--particular renters of residential or business prop- erty. One proposal would require local governments to continue to publish a newspaper advertisement of their pro- posed budget and levy. The Pay 1991 truth in taxation process requires only that each property owner be sent a ge- neric notice containing the proposed budgets and levies of the local units. Continuation of the newspaper adver- tisement is intended to address the con- cern that although property renters pay taxes indirectly through rents, the notice process of the Pay 1991 truth in taxation provisions does not specifically infoml people who do not own property of a local government's budget and levy proposals. It is questionable whether such efforts wouldn't be duplicative, since most cities routinely publish notices of their budget hearing times and dates. SH TIFlimits. The governor's budget would require new TIP properties to be in- cluded in the tax bases of school dis- tricts, thereby reducing the need for state school aid payments. This provision may affect existing districts as well as new districts. This amounts to at least $2 million of savings in FY 1992 and 1993. CommerciaVindustrial equalization re- fund. The plan would eliminate the commercial/industrial refund targeted for businesses in high tax rate communities for a savings of $10 million in both FY 1991 and FY 1992. Since November, the budget shortfall has improved slightly, dropping to $145 million from the original projection of $161 million for FY 1991. This im- provement is based on an assmnption of more economic activity. However, the probability of a recession has increased and this could foreshadow more budget difficulties to come. LHlBR page 7 Job impact state ent bill advances in Sena e The bill to require all cities to prepare job impact statements for development activities that cause job loss or where developers claim they will maintain or create jobs got preliminary approval March 1. The Senate Government Operations Committee recommended passage of an amended version of S.P. 1022 (Don Frank. DFL-Spring Lake Park). S.F. 1022 now advances to the Senate Finance Committee. Companion legislation, H.F. 631 (Karen Clark, DFL-Minneapolis) has gone through most of the committees with jurisdiction over the legislation and is now pending before the House Appro- priations Committee. During the March 1 meeting, Sen. Steve Morse (DFL- Winona) successfully of- fen~d a League-drafted amendment that would relieve cities of the direct finan- cial responsibility for providing an array of displaced worker benefits (health benefits, training, child care) when a development results in job loss. The amended bill instead requires cities to "coordinate" the securing of such bene- fits. The League is concerned that tbe admin- MPCA proposes wastewater gran City officials who plan to build wastewater treatment facilities with state financial assistance may want to review tbe Minnesota Pollution Control Agency's (MPCA) proposed changes in the rules governing state financial assistance programs. The rules (see State Register, February 26) review the administration of federal and state financial assistance programs. The federal government's plan to page 8 i trative aspects of this legislation could costly and burdensome for some cit- i s, particularly for smaller cities that do n t have sufficient staff to comply with t e bill. Tbe legislation represents an u funded state mandate. be legislation requires local govern- ents to prepare job impact statements ~ r all development projects (including c mmerciaVindustrial, multi-unit rental, financial assistance through loans, inter- e t subsidies, and tax increment) involv- i g the loss or gain of 10 jobs or more. A c ty would also need to prepare a job . pact statement whenever it "signifi- c ntly restructures the administration or d livery of government services" whicb c uld potentially result in job loss. he job impact statements must indicate n t only job loss, but must attempt to s bstantiate job gain as a result of the velopment. A city wou\d need to ke the statements public and bold h arings on the proposed development. ach government unit must also submit a report to the commissioner of jobs and aining by December 1 of even-num- red years, summarizing all job impact s tements. LFH ew rules e iminate assistance funds after July 1, 1 90 prompted the rule changes. The w rules are close to the old rules, but e iminate the federal construction grants rogram and federal rule and regulation r ferences. The new rules win govern all rants after July 1, 1990. copy of the proposed rules is available m Debbie Olson, MPCA, 520 Lafayette oad North, St. Paul, MN 55155 (612) 96-7223. Printed on recycled paper - e Elected officials' pensions under study A draft bill wbich would require all local elected officials earning over $425 per month to contribute to and participate in the public employee's retirement sys- tem got preliminary review Tuesday, February 27. The Legislative Commis- sion on Pensions and Retirement consid- ered the draft bill which has not yet been introduced in the Legislature. Under the proposal, any buy-backs of past cover- age would be at the actuarial cost. Presently, elected officials may elect PERA coverage when the compensation for office exceeds $425 per month. Most do not participate because re-election is always a question and until recently, vesting required 10 years of contribu- tion. Now with the three-year vesting in PERA, a single term in office will be sufficient in most cases. e Several commissionmernbers expressed interest in substituting a defined contri- bution plan (pension equals city and officer contributions plus interest) for all elected officials who meet minimum compensation levels. Such a proposal would have the advantage of being completely portable and beneficial even for the younger, short-term officials. The minimum salary threshold could also be at a lower level than for regular PERA which would allow many more elected officials to participate. If you favor one approach or the other, please contact your legislators and Stan Peskar at the League immediately. SP e LMC Cities Bulletin Federal Update e Minnesota cities focus on housing needs e e Public housing There is growing concern that the federal budget deficit will delay Con- gress from preserving the supply of af- fordable housing and modernizing pub- lic housing units. Renewal of Section 8 certificates and housing vouchers is also a critical matter to prevent the loss of subsidized low-income rental units. Housing officials meeting with LMC staff during February reviewed infonna- tion on housing legislation introduced by Rep. Henry Gonzalez (H.R. 1180) and the national affordable housing act (S. 566) introduced by Sen. Cranston. Public housing officials said that federal housing legislation should not concentrate on homeownership for resi- dents of public housing at the expense of preserving the existing supply of public housing. Only five to ten percent of residents in public housing are likely to be able to qualify for homeownership. Based on experience with a homeownership pro- gram for public housing residents in St. Paul, it is estimated that it will be neces- sary for individuals to have an annual income of at least $16,000 to $18,000 to be able to afford their own home. Forthe Lhree million people who live in public housing across the nation, there is al- ways going to be a need for the current inventory for that other 95 percent. Over the next five years, nearly one million people who depend on Section 8 certificates stand to lose access to af- fordable housing if Congress fails to renew funding for that program. Discussions showed the need for new public housing units. Over the past decade, the level of funding for new construction of public housing has de- clined from 70,000 units per year to only 5,000 in PY'90. (Only 6,900 units are proposed by H.R. 1180, although many believe that legislation contains many of the features needed to restore a federal role in housing for low- and moderate- income households.) Minnesota hous- ing officials also emphasized that there March 2, 1990 should not be restrictions on the con- struction of units for larger families; it is exactly that type of housing that has already become very difficult for cities to provide for low-income residents. St. Paul has only built 121 scattered site units over the past three years; Minnea- polis has not built any new public hous- ing units since 1983. Dakota County continues to receive an allocation for only to a few such units. Expiring section 8 contracts Expirations of contracts for Section 8 units will cause problems in the imme- diate future. Cities face insolvable prob- lems in trying to meet the need of those who cannot afford the cost of market- rate rental units. The Bush Administra- tion proposes to renew contracts for just a five-year period (to replace 15-year certificates) without any accompanying guarantee of future federal assistance. During the last decade, 16,000 units of Section 8 housing were built through- out the state by the Minnesota Housing Finance Agency; those units now com- prise a substantial portion of subsidized housing in the state. A total of 23,000 units of assisted housing are at risk in Minnesota between now and 1993; nearly 60 percent are located in Greater Minne- sota cities. H.R. 1180 proposes to fund about 60 percent of Section 8 contracts for 15 years; the rest would be limited to a five- year period. To fund all Section 8 con- tracts according to their current tenns would cost an additional $20 billion beyond PY'90 levels, the highest level of funding needed for any year since 1980. Mortgage prepayments In 1991, 150,000 of both vouchers and certificates will expire. The cost of renewing this fonn of direct housing assistance is estimated to cost $14 bil- lion over five years, nationally. Rep. Gonzalez has proposed $30 billion for assisted housing in his pro- posal (H.R. 1180); HUD Secretary Jack Kemp has offered $7.7 billion forexpir- ing Section 8 certificates. There are no authorized budget expenditure levels included in S. 566. Operating and modernization subsidies City officials support the level of funding for public housing operating subsidies contained in H.R. 1180 which is $1.9 billion for PY'91. There is con- cern about future funding for public housing modernization. NAHRO has identified a level of $3.53 billion for modernization; PY'90 funding was ap. propriated at a level of $1.9 billion. Lack of modernization funding fails to address the critical need to preserve that limited supply of low-income hous- ing for those in the serious need. AH League and police seek amendment to human rights law TIle League in conjuoction with the Peace Officers Standards and Training Board and the State Police Chiefs Association is pursuing legislation which would authorize law enforcement agencies to administer pre-offer of employment psychological evaluations for law en- forcement applicants. This effort is in response to a law the 1989 Legislature passed that could be Printed on recycled paper interpreted to only authorize psycho- logical evaluations following a condi- tional offer of employment. At this point, Commissioner Stephen Cooper of the Human Rights Department has agreed to these amendments. They will likely be added to the 1990 amendments to the human rights law which the Legislature is considering. JJ page 9 House elections d.vision approves local government elect on bill The House Elections Division approved the ocal government elections legislation on Thursday, March 1, i a form easier for cities to work with than when the bill was first introduced. Under the bill all cities (and other local uni s of government including most urban townships) would de ignate a Novem- ber general election day in either even- r odd-numbered years. There were changes in provisions calling r restrictions on the placement of ballot questions for borro ing and amend- ment or adoption of ordinances. Ballot ques .ons except those requesting voter approval for charter ndments would remain eligible for placement on the ballot at election times the local level would determine. For citie , this will allow local voters and city officials to determine hen to schedule elections to deal with bond issues and othe items related to borrowing. Two other important League-sponsored ch nges were added in committee on March 1: requirements at will place the position of city elective offices and questi ns on the ballot immediately following those for county of ce; and authority for cities to determine the form of elec 'on when school Conflict management works deal with public sector districts hold elections at the same time as regular city elec- tions. e Currently, city election items are after judicial offices. The LMC Board of Directors approved the proposal to change the provision to increase visibility and more appropriate place- ment of municipal election items on the ballot. The change was adopted. The bill now goes to the full House General Legislation Committee next week. Other legislation under consideration in the House Elections Division at the time the publication of this week's Bulletin includes rescheduling of the 1992 Presidential Primary estab- lished at the close of the 1989 session. If approved, the legislation modifying the delegate selection and voting proce- dures for that election also moves the date previously estab- lished for the primary--from the same day as precinct caucuses (the last Tuesday in February) to the first Tuesday in April (April 7, 1992). The League expects the bill will be heard by the House General Legislation Committee next week. An onferences e From 8:30 a.m. - 1:30 p.m. on Friday, Susskind (Harvard, MIT) will lead a wor hop for state and local government officials dealing with the se of negotiation to resolve disputes involving public agenci s. The workshop will include information sessions, hands- n exercises, and discussion of cases. Dr. Susskind is a conflict manager with br ad experience in resolving public agency disputes. The State lanning Agency's Office of Dispute Resolution and the,Unive ity of Minnesota Conflict and Change Center, are jointly sp nsoring the work- shop. The workshop will be at the Cowles Audi orium, Hubert H. Humphrey Institute, University of Minne ota, Minneapolis. The registration fee is $25. Please send ayment to Vicki Gilson, Conflict and Change Center, 248 umphrey Center, 301 19th Avenue South, Minneapolis, MN 55455. Make out check to the University of Minnesota. For more information call 625.0362. page 10 " :..~..~. 1990 Minnesota State Planning Conference set The Minnesota Chapter of the American Planning Association . (MNAPA) and the Minnesota Planning Association (MPA) are sponsoring the 1990 Minnesota State Planning Conference. The conference is set for May 2-4 at the Holiday Inn-Interna- tional in Bloomington. The host city is Bloomington and the theme is "Planning to Develop a Sense of Community." Conference topics include ways to establish and promote a sense of community; public opinion, the press and citizen advisory groups, which explores the planning process and how these factors can affect and improve the opportunities for suc- cess; and technology, where the latest in computer applica- tions and software and other business/office improvements are examined for their applications in improving the planning process. For more information contact Cathy Williams, Dakota County Department of Planning, 7300 W. 147th St., Suite 503, Apple Valley, MN 55124, (612) 431-1158. e Printed on recycled paper LMC Cities Bulletin e This is the complete text for S.F. 488. See story on page 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 e 16 17 18 A bill for an act relating to public employment: defining equitable compensation relationships: requiring an implementation report: providing for review of plans: providing for appeals from decisions of the commissioner of employee relations; requiring the commissioner to report to the legislature: amending Minnesota Statutes 1988, sections 471.991, subdivision 5: 471.992, subdivisions 1, 2, and by adding a subdivision: 471.994: 471.998, by adding a subdivision: 471.9981, subdivision 6, and by adding subdivisions: and 471.999: Minnesota Statutes 1989 Supplement, section 485.018, subdivision 7; repealing Minnesota Statutes 1988, sections 471.992, subdivision 3: 471.995: 471.996: 471.9975: and 471.9981, subdivisions 2 to 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 19 subdivision 5, is amended to read: Section 1. Minnesota Statutes 1988, section 471.991, 20 Subd. 5. [EQUITABLE COMPENSATION RELATIONSHIP.] "Equitable 21 compensation relationship" means that a-~r~merJ-ecfts~dera~~cft-~ft 22 fte~o~~a~~ftg7-es~ab%~s"~ftg7-reecmmeftd~ftg7-aftd-a~~roy~ftg-ec~a% the 23 compensation for female-dominated classes is not consistently 24 below the compensation" for male-dominated classes of comparable 25 work value ~ft-re%a~~cfts"~~-~c-ce"er-em~%cyee-~cs~e~cftsL-!! 26 determined under section 471.994, within the political 27 subdivision. 28 Sec. 2. Minnesota Statutes 1988, section 471.992, 29 subdivision 1, is amended to read: 30 Subdivision 1. [ESTABLISHMENT.] Subject to sections 31 179A.Ol to 179A.25 but notwithstanding any other law to the e Printed on recycled paper CWl March 2, 1990 .J,ti'''' '.,', "'.'-'" ... . CW2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 contrary, every political subdivision of this state shall establish equitable compensation relationships between dominated, male-dominated, and balanced classes of in order to eliminate sex-based wage disparities in ment in this state. A consideration in establishin , recommendin , total is com arable work value in relationshi toother olitical subdivision. This subdivision to increase e of a class for which an sex of the members dominatin the e to, a of, and an shall also consider similar or like ications in other olitical subdivisions and in the rivate market lace. 4. Minnesota Statutes 1988, section 471.992, is adding a subdivision to read: [COLLECTIVE BARGAINING.) In collective bargaining a balanced class, a litical subdivision ma consider standards.established b this section and the results of a .ob evaluation stud , but shall also consider similar or like classifications in other rivate market lace e Printed on Ttcycled paper LMC Cities Bulletin e e e 1 as well. 2 Sec. 5. Minnesota Statutes 1988, section 471.994, is 3 amended to read: 4 471.994 [JOB EVALUATION SYSTEM.] 5 Every political subdivision shall use a job evaluation 6 system in order to determine the comparable work value of the 7 work performed by each class of its employees. The system must 8 be maintained and updated to account for new employee classes 9 and any changes in factors affecting the comparable work value 10 of existing classes. A political subdivision that substantially 11 modifies its job evaluation system or adopts a new system shall 12 notify the commissioner. The political subdivision may use the 13 system of some other public employer in the state. Each 14 political subdivision shall meet and confer with the exclusive 15 representatives of their employees on the development or 16 selection of a job evaluation system. 17 Sec. 6. Minnesota Statutes 1988, section 471.998, is 18 amended by adding a subdivision to read: 19 Subd. 3. [PUBLIC DATA.] The report required by subdivision 20 1 is public data governed by chapter 13. 21 Sec. 7. Minnesota Statutes 1988, section 471.9981, is 22 amended by adding a subdivision to read: 23 Subd. Sa. [IMPLEMENTATION REPORT.] By January 31, 1992, 24 each political subdivision shall submit to the commissioner an 25 implementation report that includes the following information as 26 of December 31, 1991: 27 (1) a list of all jOb classes in the pOlitical subdivision: 28 (2) the number of employees in each class: 29 (3) the number of female employees in each class: 30 (4) an identification of each class as male-dominated, 31 female-dominated, or balanced as defined in section 471.991: 32 (5) the comparable work value of each class as determined 33 by the job evaluation used by the subdivision in accordance with 34 section 471.994: 35 (6) the minimum and maximum salary for each class, if 36 salary ranges have been established, and the amount of time in March 2., 1990 Printed on recycled paper CW3 CW4 1 e for the maximum: 2 cash com ensation, such as bonuses or 3 to the members of a class: and 4 8 an other information the commissioner. 5 f a subdivision fails to submit a re ort, the commissioner 6 shall find the subdivision not in com liance with subdivision 6 7 and s all rescribed b that subdivision. 8 ec. 8. Minnesota Statutes 1988, section 471.9981, is 9 amend d by adding a subdivision to read: 10 11 12 ubd. 5b. [PUBLIC DATA.] The implementation report subdivision Sa is ublic data ter 13. ec. 9. Minnesota Statutes 1988, section 471.9981, 13 subdi ision 6, is amended to read: 14 ubd. 6. [PENALTY FOR FAILURE TO IMPLEMENT PLAN.] if 1!l 15 The c mmissioner of employee relations f*"eST-after-"e~*ee-a"e 16 ee"s~ tat*e"-_*th-e shall review the implementation report 17 submi ted b a governmental subdivisionT-that-*t-has-fa*ree-te 18 *mpre e"t-*ts-pre"-fer-*mpreme"t*"g to determine whether the 19 subdi ision has established equitable compensation relationships ."'.. 20 as re uired b section 4'11'.992, subdivision 1, by December 31, 21 1991, or the later date approved by the commissioner. The 22 commi sioner shall notif a subdivision found to have achieved tit 23 section 471.992, subdivision 1. 24 If the commissioner finds that the subdivision is not Iii 25 in liance based on the information contained in the 26 im section 7, the commissioner 27 shall notif the subdivision of the basis for the findin. If 28 the s bdivision disa rees with the findin , it shall notif the 29 commi sioner, who shall rovide a s ecified time eriod in which 30 to au mit additional evidence in su rt of its claim that it is 31 in co liance. The commissioner shall consider at least the 32 follo in additional information in reconsider in whether the 33 subdi ision is in com liance: 34 35 36 1 recruitment difficulties: e 2 retention difficulties: 3 recent arbitration awards that are inconsistent with Printed on recycled paper LMC Cities Bulletin - e equitable compensation relationships: and (4) information that can demonstrate a good-faith effort to achieve c~mpliance and continued progress toward compliance, including any constraints the subdivision faces. The subdivision shall also present a plan for achieving compliance and a date for additional review by the commissioner. (c) If the subdivision does not make the changes to achieve compliance within a reasonable time set by the commissioner, the commissioner shall notify the subdivision and the commissioner of revenue that the subdivision is subject to a five percent reduction in the aid that would otherwise be payable to that governmental subdivision under section 124A.23, 273.1398, or sections 477A.Oll to 477A.014, or to a fine of $100 a day, 14 whichever is greatest. The commissioner of revenue shall 15 enforce the penalty beginning in calendar year 199~ shaii-ee 16 rea~eed-ey-f*.e-pereeftt~-pre.*ded-that-the-red~et*eft-*ft-a*d 17 shaii-appiy-te or in the first calendar year beginning after the 18 date for implementation of the plan of a governmental 19 subdivision for which the commissioner of employee relations has 20 approved an implementation date later than December 31, 21 1991. The penalty remains in effect until the subdivision 22 achieves compliance. The commissioner of employee relations may 23 .d.e suspend the penalty upon making a finding that the failure 24 to implement was attributable to circumstances beyond the 25 control of the governmental subdivision or to severe hardshipL 26 or that noncompliance results from factors unrelated to the sex 27 of the members dominating the affected classes and that the 28 subdivision is taking substantial steps to achieve compliance to 29 the extent possible. 30 Sec. 10. Minnesota Statutes 1988, section 471.9981, is 31 amended by adding a subdivision to read: 32 Subd. 7. [APPEAL.] A governmental subdivision may appeal 33 the imposition of a penalty under subdivision 6 by filing a 34 notice of appeal with the commissioner of employee relations 35 within 30 days of the commissioner's notification to the 36 subdivision of the penalty. An appeal must be heard as a March 2, 1990 Printed 011 nCJCled paper CW5 CW6 1 contes ed case under sections 14.57 to 14.62. No be 2 im ose while an a e 3 S c. 11. Minnesota Statutes 1988, section 471.999, is 4 amende to read: 5 4 1.999 [REPORT TO LEGISLATURE.] 6 T e commissioner of employee relations shall report to the 7 IT-ige6-eft-~he-~ftrerma~~eft-~atheree-rrem 8 of each odd-numbered year on the status 9 liance with section 471.992, subdivision 1, b 10 -~.~ 11 ental subdivisions. The commissioner's report shari must a list of pei~~~ea: subdivisions wh~eh that did not 12 reporting requirements of this section. The and a subdivision shall rovide, an 13 14 15 16 information needed for the re aration of a re ort subdivision. Minnesota Statutes 1989 Supplement, section 17 , subdivision 7, is amended to read: 18 19 [APPEAL FROM RESOLUTION OF THE BOARD,] The court e of district courtL if dissatisfied with the action 20 board in setting the amount of the court 21 salary or the amount of the budget for the 22 administrator of district court, may appeal to 23 court on the grounds that the determination of the 24 county board in setting s~eh the salary or budget was arbitrary, 25 capric ous, oppressiveL or without sufficiently taking into 26 accoun the extent of the responsibilities and duties of sa~e 27 the co rt administrator's office, and the court administrator's 28 experi nce, qualifications, and performance. The appeal sha:r 29 must b taken within IS days after the date of the resolution 30 set tin .~eh the salary or budget by serving a notice of appeal 31 on the auditor and filing .ame a copy with the court 32 admini of the district court. The courtL either in term 33 or vac tion and upon ten 4ay. days' notice to the chair of the 34 boardL shall hear .~eh the appeal. On the hearing of the 35 appeal the court shall review the decision or resolution of the 36 board n a hearing de novo and may hear new or additional e Printed on recycled paper , .Me; e;itip~ Rnllptin e e tit 1 evidence, or the court may order the officer appealing and the 2 board to submit briefs or other memoranda and may dispose of the 3 appeal on .eeft ~ writings. If the court .ft.~~-f~ft~ finds 4 that the board acted in an arbitrary, capricious, oppressiveL or 5 unreasonable mannerL or without sufficiently taking into account 6 the responsibilities and duties of the office of the court 7 administrator, and the court administrator's experience, 8 qualifications, and performance, it shall make eaeft ~ order to 9 take the place of the order appealed from as is justified by the 10 record and shall remand the matter to the county board for 11 further action consistent with the court's findings. It is 12 prima facie evidence that the board did not act in an arbitrary, 13 capricious, oppressive, or unreasonable manner or without taking 14 into account the responsibilities and duties of the office of 15 the court administrator, and the court administrator's 16 experience, qualifications, and performance, if the board's 17 action was in accordance with a job evaluation system under 18 section 471.994. After determination of the appeal the county 19 board shall proceed in conformity tfterew~tft with the court's 20 ~. This subdivision is not in effect from July 1, 1989, to 21 July 1, 1991, with respect to the amount of the budget of the 22 office of court administrator of district court. 23 Sec. 13. [REPEALER.] 24 Minnesota Statutes 1988, sections 471.992, subdivision 3: 25 471.995: 471.996: 471.9975: and 471.9981, subdivisions 2, 3, 4, 26 and 5, are repealed. March 2, 1990 PrlIIted on rec,cled JHlPeT CW7 Census Data When you answer questions on the 1990 census form by filling in the appropriate circles with a pencil, you have started the process of putting census inforn1ation to work in your community. Each dark dot becomes a bit of information that when electronically combined with all other census answers from your community, produces a valuable statistical profile of people and housing. Just how are these census numbers used for your block, neighborhood. city, county, and state. once they are published? . Political Power-Your community's representation in the U.S. House of Representatives is determined by census numbers. Fai political representation for your community means that everyone must be counted in the 1990 Census People who do not return their census forms may contribute to under-representation in Congress and a loss of political power. . Government Program Funds Billions of dollars in federal and state government assistance are distributed to communities each ye enefit Your Community Each person not counted in the census means a potential dollar amount lost to your local government for those programs in e dollars, hundred of jobs, and years of effort-could be put in jeopardy from decisions based on inaccurate information. Local government planners and economic developers depend on accurate census statistics to plan for the future. which it takes part. Census figures are used for 10 years (until the next census) as the statistical foundation for sending these program funds to local governments. So, the ramifications of an undercount go far beyond a one-year allocation period. By making sure that everyone is counted, a community will receive all the funds to which it is entitled. . Planning for Development- Local government planners and economic developers depend on accurate census statistics to plan for Each person ot counted in the census means a p tential dollar amount 'lost to your local overnment for those programs in hich it takes part. for a variety of locally-administere programs. By law. these funds are usually allocated based on census population. age. housing. income. [lowrty level. and other slalislics. Such projects inl'lude education. health care. human services. and community development programs that help everyone. the future. Expensive public and private development projects-such as schools. health clinics, factories and shopping centers-are linked to Ihe study of census population and housing totals. If the census is not complete, the success of these developments- which could involve millions of And you don't have to be a government official or an executive in a big corporation to put census numbers to work for you. Census information about your area is often as close as your neighborhood library. Just look at the ways civic and neighborhood leaders have used census statistics to help meet the needs of their communities: e . Census statistics revealed a high number of working mothers with small children in a low-income neighborhood, prompting community leaders of a midwestern city to seek and win approval for a day care center. . A senior citizens' organization was able to argue successfully before the county commissioners for a new senior center by using census numbers indicating that elderly residents in an urban neighborhood did not have adequate recreation facilities. . Lacking adequate representation on the city council, minority organizations in a western city used census facts and figures to win a redistricting battIe. enabling voters to elect additional minority council members in the next election. As you can see, census numbers aren't meant to gather dust in a big volume. They are meant to be put to work in your community. e e Courts and crime Crime victims, notice of release. S.F.1873 (Cohen, Pogemiller)(Judiciary) would allow release of specific private or confidential court service data to enable crime victims to request notice of re- lease; and would require law enforce- ment agencies to make efforts to notify victims of the right to request withhold- ing of data revealing a victim's identity. CB Arrest power on entering state in fresh pursuit. S.F.1916 (Langseth) (Judici- ary) would define peace officer to in- clude officers from other states or the federal government with arrest powers and would allow peace officers of other states to enter Minnesota while on duty in fresh pursuit of misdemeanor offend- ers. CB e Drug abuse prevention. S.F.1932 (Lu- ther, Spear, Pogemiller, Metzen, Novak)(Judiciary) would call for the incarceration of all convicted drug deal- ers, prohibit the importing of controlled substances into the state, and require reporting of transactions involving sub- stances that are precursors to controlled substances. The bill would create pilot programs to require drug and alcohol testing as a condition of pretrial release and probation, to provide chemical de- pendency treatment services in juvenile and adult jails and correctional facili- ties, and to require chemical depend- ency assessments for drug offenders. The bill would appropriate $2,710,000 to the Department of Human Services. CB e Drug-free school and park zones. S.F.1951 (McQuaid, Ramstad, Benson, McGowan) (Judiciary) would increase the size of school and park zones to 1,000 feet or three city blocks for pur- poses of controlled substance sale or possession penalties and would impose mandatory sentences for certain first felony offenses. The bill would require school districts to post drug-free school zone signs and local units to post drug- free park zone signs. CB March 2, 1990 Bill Summaries Allocation of forfeited property pro- ceeds. S.F.1965 (Merriam)(Judiciary) woold require that money or proceeds from the sale of forfeited property be sent to the commissioner of public safety for deposit in a special account in the state treasury. Seventy percent pf re- ceipts would go to the government units whose law enforcement officers assisted with the seizure, for law enforcement purposes, and 20 percent to the unit whose attorneys assisted with forfeiture proceedings. The remaining balance would go to the general fund. CB Drunk driving. S.F.2031 (Pariseau, Ram- stad, Cohen, McGowan)(Judiciary) would impose penalties for driving a vehicle in a negligent manner while having an alcohol concentration of 0.05 or more, if the driver has been previously convicted of drunken driving once within the pre- vious five years or twice or more within the previous 10 years. CB Crime victim reparations. S.F.2043 (Spear)(Judiciary) would provide that no act involving operation of a motor vehicle, aircraft, or watercraft consti~ tutes a crime, unless the injury or death was intentional, or the driver failed to stop or was under the influence ofliquor, or the injury or death was caused while fleeing the scene of a crime. CB Workers' compensation court of ap- peals. S.F.2045 (Spear, Reichgott) (Judiciary) would give the governor authority to appoint the chief judge of the workers' compensation court of ap- peals and would appropriate $200,000 for additional court staff. CB Elections and ethics Ban on contributions during legisla- tive session. H.F.1829 (Schreiber, Haukoos, Morrison, Lynch, Abrams) (General Legislation) would prohibit legislative candidates, or campaign or individual political committees from soliciting or accepting contributions from lobbyists, political committees, or funds during regular legislative sessions. The law would impose fines of up to $500 for Printed on recycled paper violations. The bill docs not apply to special legislative election candidates or committees or to political committees established by a political party. AH School district elections. H.F.l870 (McEachern, Scheid, Knickerbocker, Ostrom, Sviggum) (General Legislation) would make various election changes. The bill would authorize election judges to ask voters to correct registration in- formation if the name or number of the voter's school district is missing or inac- curate. It would require signatures often percent of the total number of people voting in the last local election, or 500 names, whichever is less, on a nominat- ing petition. County auditors would need to notify school districts of city election precinct boundary changes at least 30 before re- precincting takes effect. The law would require the counting of ballots when votes are cast only for some of the ques- tions or when a voter uses a different mark to vote on a question. It also re- stricts the scheduling of special school district elections to 30 days before and after state primary and general elections (rather than 20 days) and allows special school district elections 20 days before and after other regular city elections within the school district. The bill would also provide for election challenges over votes on ballot questions. AH Local government election act. H.F.1916 (Scheid, Osthoff, Boo, Kost- horyz, Vanasek) (General Legislation) would require all political subdivisions except certain non-urban townships to hold local government elections for offi- cers, questions on borrowing, charter amendments, and adoption or amend- ment of city ordinances at the November general election in even or odd-num- bered years, effective in November 1993. All local elections would be subject to state general election law, however, cit- ies under 2,500 population would be exempt. The bill would establish uni- fonn precinct and polling place require- ments for all state and local elections as well as a single filing period for all Bl candidates. Cities under 2,500 popula- tion would not need to hold primary elections. The bill mandates that local primaries be held on the state primary election day. No primary is necessary if less than twice the number of candidates file for office than the number of posi- tions to be filled. AH Permanent list of absentee ballot ap- plications. H.F.1988 (Jefferson) (Gen- eral Legislation) would require local elec- tion officials to maintain a permanent list of absentee ballot applicants to en- able those who are permanently ill or disabled to receive absentee ballots auto- matically prior to each state or local election. AH Statewide voter registration system. H.F.2041 (Scheid) (General Legislation), the secretary of state's housekeeping bill, would clarify language for voter registration, absentee voters, polling place roster procedures, and time limits. The bill would establish that voter registra- tion cards and the statewide voter regis- tration system comprise the record of registered voters. The master list of registered voters would include date of birth; such information would be avail- able only to election officials for elec- tion, jury selection, or law enforcement purposes. School district election offi- cials could use the statewide registration system infonnation for election pmposes. A state appropriation would pay for the statewide registration system. County auditors and city election offi- cials would have to prepare a list of people who apply for absentee ballots to determine whether applicants have cast ballots at the polling place. If a person who has voted has also cast an absentee ballot, the latter would not count. Elec- tion materials county auditors prepare prior to state primary and general elec- tions would be available at least four days prior to the election (currently one week). AH Voter registration for people with no permanent address. H.F.2264 (Alice Johnson, Simoneau, Quinn) (General Legislation) would allow voter registra- tion to remain valid without the voter's address if that individual has been 'ad- B2 ised by law enforcement personnel not t provide that information for reasons f personal or family safety. The bill ould provide for special voting proce- ures for individuals without permanent orne addressess who meet all other voter r gistration qualifications. AH esidential primary. H.F.2325 (Ost- off, Scheid, Abrams) (General Legisla- t on) would move the date of the state residential primary to the second Tues- y in March (instead of the second uesday in February) in presidential lection years. The bill would also es- blish the primary for the purpose of oting for uncommitted delegates to ational party conventions. The presi- ential primary would have separate allots for each major political party. he bill would provide that candidates listed by petition of 1,000 eligible oters in each congressional district. oters would need to designate political arty preference in order to receive a allot. AH an on political contributions during gislative sessions. S.F.2067 (Benson) Elections & Ethics) would prohibit gislators, individual legislative earn- aigns, or other political committees rom soliciting or accepting contribu- ions from lobbyists, or political com- ittees or funds during regular legisla- ive sessions. The penalty would be a me of up to $500. AH nvironment andfill fees. H.F.1972 (Milbert) (En- ionment & Natural Resources) would xtend city and town authority to impose ees on operators of facilities for dis- sat of construction or demolition debris. B etroleum tank release cleanup fund. .F.1876 (Larson, Decker, D.R. Freder- ckson, Renneke, Anderson) (Environ- ent & Natural Resources) would in- rease the amount of reimbursement vailable to tank owners from the petro- ewn tank release cleanup fund to $1 illion (now 90 percent up to $250,(00). B Printed on recycled paper Toxic material reduction in packag- ing. S.F.1893 (Dahl, Pogemiller) (Envi- ronment & Natural Resources) would prohibit the sale of packaging which in- cludes inks, dyes, pigments, adhesives, or other additives intentionally contain- ing the toxic heavy metals lead, cad- mium, mercury, or hexavalent chromium. The proposal would establish penalties and would take effect in two years from enactment. CB e Watershed management. S.F.1894 (Dahl) (Environment & Natural resources) would remove city "control" of appoint- ing managers to metropolitan watershed districts, and would allow county com- missioners to remove managers under certain circwnstances. Water planning, plan implementation, and capital proj- ect financing costs for metropolitan counties would be a special levy, not subject to levy limits. The proposal would specify organization of watershed man- agement organizations, require published notice of board vacancies, and require annual newsletters and requests for pro- posals for professional and technical services. e The Board of Water and Soil Resources would have rule making authority cov- ering watershed management organiza- tion joint powers agreements, perform- ance standards and requirements for watershed plans, capital improvement programs for plans, and implementation h)iteria for plan adoption. The bill would authorize counties, upon city or town request, to establish special tax districts to pay for water management facility capital costs. Companion H.F.2007 (Price). CB Wetlands heritage act. S.F.1993 (Mer- riam, Laidig, Lessard, Davis) (Environ- ment & Natural Resources) would re- quire that wetlands have at least one of three attributes: land supports predom- inently hydrophytes; substrate is pre- dominently undrained hydric soil; and the substrate is nonsoil and saturated or covered by shallow water at some time during the growing season. The bill would allow replacement of wetlands in the waterbank program and would bar drainage of calcareous fens. CB e LMC Cities Bulletin e Waste management. S.F.1996 (Mer- riam, Dahl, Pehler, McQuaid, Davis) (Environment & Natural Resources) would amend the rule authority of the office of waste management. The bill would establish time limits for local govenunent decisions on siting solid waste facilities, establish time limits for the office of waste management and the metropolitan council to approve solid waste management plans, and prohibit cities from undertaking solid waste management activities inconsistent with county solid waste management plans. e The proposal would limit the time pe- riod which a contract for the disposal of waste remains in effect when that con- tract conflicts with a waste designation ordinance. The bill would authorize counties to adopt a civil penalty for violation of a designation ordinance of up to $10,000 per day of violation. The bill would increase the 90-day period for cities to plan and propose establishing an organized collection system to two 90-day periods, one for planning and one for discussing possible arrangements with existing solid waste collectors. Only after the second 90-day period could a city decide to use an organized collec- tion method other than an arrangement with existing collectors. The city would be required to make specific findings detailing its procedures and reasons for whatever method it chooses. The bill would allow Metropolitan COlUlCil review where the local government unit has failed to make a decision within the time period or where the local govern- ment unit has placed unreasonable or impossible conditions on the siting of the facility. The bill would also allow a county to request review of a local gov- ernment siting decision on behalf of a person other than the county. CB e Resource recovery training. S.F.2038 (Morse, Merriam, Dahl, D.J. Freder- ickson) (Environment & Natural Re- sources) would require the Pollution Control Agency to train people who run recovery facilities and to charge fees necessary to cover cost of its staff needed to implement such a program. CB March 2, 1990 PCB Pennits. S.F.2063 (0.1. Freder- ickson) (Environment & Natural Re- sources) would require the Pollution Control Agency to require an environ- ment impact statement before granting a permit to a facility to burn PCBs. The owners of facilities that bum PCBs would have to obtain approval from cities where facilities are located. CB Urban tree planting program. S.F.2127 (Bernhagen)(Agriculture & Rural De- velopment) would encourage planting of trees in urban areas. The bill would direct the University to conduct research on suitable tree varieties and on tree placement and to circulate research in- formation, direct the Department of Transportation to provide maximum forestation in rest areas, direct the De- partment of Education to expand for- estry education and encourage Arbor Day activities. The proposal would require cities of the first and second class to require use of trees in new subdivisions and on park and open space lands. CB Disposal oflow-Ievel radioactive wastes. S.F.2195 (Morse, Merriam, Novak) (Environment & Natural Resources) would require that low-level radioactive waste be treated, recycled, stored, or disposed of at facilities which are spe- cifically licensed to handle such wastes. CB Finance and revenue County special tax levieslwatershed capital improvements. S.F.2107 (Diess- ner) (Taxes & Tax Laws) would allow a special levy for the county's share of cost of a capital improvement in a water- shed management organization. CB Homestead treatment for structures under construction. H.F.2125 (Stanius, Valento, Schreiber, Blatz, Pellow) would consider as class 1 homestead property newly constructed single family homes, duplexes, townhouses, or condominiums which, though substantially completed are unoccupied, and have been offered for sale by the date of assessment. Effec- tive for 1990 assessment, taxes payable in 1991 and thereafter. SH Printed on recycled paper County equalization aid based on in- come maintenance caseload. H.F.2300 (Bob Johnson, Kinkel, Krueger, Neuen- schwander, Edgar Olson) (Taxes) would create a new $3 million equalization aid program to be distributed to counties based on the portion of income mainte- nance recipients in their population, the county's per capita income, the per capita taxable property value in the county, and the per capita income maintenance ex- penditures in the county. SH Second c1assitication tier for home- steads. S.F.2010 (Diessner) (Taxes & Tax Laws) would extend the property value within the second tier of home- stead property to $68,000 to $136,000 (currently $68,000 to $100,(00). This tier of property is taxed at two percent of its market value. The third tier of home- stead property, taxed at three percent of its market value would apply to property over $136,000 (currently $100,000). Effective for taxes levied in 1990, pay- able in 1991 and thereafter. SH Gambling Lawful gambling. H.F.2005 (Quinn) (General Legislation, Veterans Affairs & Gaming) would authorize the use of video pull-tab devices, and would change the definition of lawful gambling to include contributions to tax-exempt organizations, an individual or family suffering from poverty, an individual suffering from post-traumatic stress syndrome or compulsive gambling, public or private non-profit educational institu- tions, a scholarship fund, youth commu- nity and athletic activities, government units other than a direct contribution to a law enforcement or prosecutorial agency, and religious organizations. The bill would exclude from lawful purposes contributions for: influencing the nomination or election of a candi- date for public office; lobbying pur- poses; and purposes of erection, acquisi- tion, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organiza- tion engaged in lawful gambling, with exceptions. The bill would remove au- B3 thority to keep gambling equipment in licensed liquor premises, adopt a new list of la wful purposes for use of profits, and set new restrictions to conduct gambling. The proposal would expand the author- ity of the charitable gambling bOard, require monthly net profit reports, allow license suspensions, add to equipment registration requirements, and set quali- fications for manufacturers, licenses. The board of gambling control could not issue or renew a premise permit unless the local unit of government approved the permit by resolution, and the board would have the authority to approve a local gambling tax for the exclusive use of law enforcement. The bill would sunset on July 1, 1993. Companion S.F.2018 (Lantry). CB Gambling board licensing authority. S.F.I970 (Gustafson, Solon, Stumpf, Chmielewski)(General Legislation & Public Gaming) would allow the chari- table gambling board to issue an initial license to an organization seeking licen- sure where the organization has agreed to pay gambling proceeds to a munici- pality for lease payments on a commu- nity recreation facility on school district property which is leased to an amateur spots organization. CB General government Low-income housing tax credits. H.F.1987 (Jefferson)(Financial Institu- tions & Housing) would set procedures to allocate low-income housing tax cred- its. CB Veteran definition. S.F.1881 (Bertram, Diessner)(Veterans & Military Affairs) would include as veterans people with active military service certified by the U.S. Secretary of Defense who have an honorable discharge. CB Rural health care bill. S.F.1896 (Vick- ennan, Beckman, Samuelson, Adkins, StmnpO (Health & Human Services) would specify that h)bulance services, public health agencies, and school health service programs are not generators of infectious wastes, and that hospitals must B4 a cept ahy wastes from these entities for d sposal for a reasonable fee. The bill ould modify prospective ambulance 'verrequirements in 1994, set recerti- fi ation standards, increase volunteer bulance attendant training reimburse- ent, and exempt ambulance service v hicles from tax and registration fees. e proposal would authorize tax credit fi r ambulance service medical direc- t rs. It would require study of prepaid bulance service plans, assessment of e ergency medical services, state em- p oyee participation, and ambulance s rvice reimbursement. The bill would i crease medical assistance rates for bulance services and would provide nefits for emergency medical service rsonnel. he bill would impose a $2 emergency edical service fee on motor vehicle r gistration and would create an ambu- I nce service personnel incentive plan to p ovide retirement benefits. The bill ould provide nursing scholarships; a ral physician education plan program; a nursing degree completion scholarship p ogram funded by a license surcharge; a d a fund for rural advanced practice n s, rural physicians and sununer intern p ograms. The bill would allow special I vies in 1990 and 1991 for hospital o rating deficits. Companion H.F.l%5 ( ooper). CB ity and town assessor tenm. S.F.1897 (dkins, Vickerman, Renneke, ernhagen, DJ. Frederickson) (Local & rban Government) would clarify that a sessors serve at the pleasure of the a pointing authority. CB xcavation notices and damage re- orts to local governments. S.F.1900 ( dkins, Vickerman, Bernhagen, D.J. rederickson)(Transportation) would r quire excavation notification centers t give notice of excavations to the local overnment unit as well as to under- round facility operators. CB obacco sale, vending machine limits. .F.1923 (Metzen, Solon, Purfeerst, rson, Frederick) (Commerce) would 't the sale of tobacco in vending achines, except in closed factories, usinesses, offices, or other places not Printed on recycled paper open to the public or to which minors are ~ not generall y permi tted access (i.e. bars, liquor stores) if in plain view and under control of a responsible employee. The bill would preempt local regulation. Companion H.F.2042 (McEachern). CB e Tort action modifications. S.F.1933 (Stumpf, Langseth)(Judiciary) would adopt a new standani for allowing puni- ti ve damages, requiring delibera te disre- gard, rather than willful indifference to other's safety. The bill would limit puni- tive damages for personal injury, prop- erty damage, economic loss, and wrong- ful death actions to three times the eco- nomic damages award. The proposal would apply contributory fault to eco- nomic loss actions and would limit joint and several liability, specifying that people at fault for 30 percent or less arc liable for that percentage of fault. CB h)man rights act S.F.1943 (Marty, Spear, Freeman) (Judiciary) would increase the time allowed to file a claim of an unfair discriminatory practice from one to two years. CB Open meeting law. S.F.1949 (Po- gemiller) (Governmental Operations) would require the Legislature to con- form to the open meeting law. CB e Housing projects. S.F.I950 (pogemilIer, Merriam. Piper)(Economic Development & Housing) would allow the housing finance agency to use up to 20 percent of housing trust fund account funds for home ownership programs. The bill would create a local government housing ac- count development fund and authorize loans or grants to local government units for transitional housing, public housing rehabilitation, and subsidized rental housing preservation. CB Data practices changes. S.F.2200 (R. Peterson)(Judiciary) would require that non-public data on decedents, created or collected after death, be accessible to the decedent's representative. The bill would classify Grand Marais lodging tax data, dial-a-ride user data, depart- ment of agricultural data relating to the sustainable agricultural loan program, and certain state auditor data relating to individuals supplying audit data as pri- vate or non-public. CB e LMC Cities Bulletin oJ Metropolitan affairs e Town board liquor licensing author- ity. H.F.2Ol2 (Quinn, Simoneau, Lasley, A. Johnson, Lynch)(Local Government & Metropolitan Affairs) would allow the county boards of the seven metro- politan counties to delegate, by resolu- tion, liquor licensing powers to town boards if the boards agree to the delega- tion. CB Pensions and retirement Police and fire fnnd benefit election OptiOIL H.F.2279 (Simoneau, R. Johnson, Knickerbocker) (Governmental Opera- tions) would provide active local police and fire funds consolidated with PERA with an additional benefit election op- tion for either PERA police and fire benefits or the local plan benefits during the period of June 1, 1990 to Decemeber 31,1990. SP e 13th check. H.F.2281 (O'Connor, Dawk- ins, Osthoff) (Governmental Operations) would establish 13th check for the St. Paul police and fire relief associations. SP Police & fire retirement, municipal contribution. S.F.2003 (D. Moe) (Gov- ernmental Operations) would relate to municipal contributions for police and fire retirement after relief association consolidation. The bill would set a maximum municipal contribution for any calendar year following consolidation as the municipal contribution amount which was payable during the calendar year ending with the effective date of the consolidation, adjusted to year end. CB Personnel e OSHA violations. S.F.1868 (Diessner, Chmielewski, Marty)(Employment) would adopt new criminal penalty pro- visions for knowing or repeated viola- tions which create a substantial possibil- ity of death or prolonged or permanent illness (up to six months and $30,000) or which cause such results (up to one year and $30,000). Willful violation result- March 2, 1990 ing in death or injury would be punish- able by up to seven years and $40,000. CB Accident reduction plans. S.F.1869 (Diessner, Marty)(Employment) would require employers to prepare and imple- ment a written program that describes how they will reduce the extent and severity of work-related injuries and ill- nesses. CB Workers' compensation. S.F.1872 (Stumpf, Chmielewski, Langseth) (Employment) would classify data that identifies suppliers of prevailing wage information as private or non-public. The bill would allow workers, compen- sation claims as an excused late filing in insurance liquidation proceedings, and would give settlement judges authority to issue default awards or orders. The bill would change the make up of the rehabilitation review panel and would allow the division of rehabilitation serv- ices to provide services when there is a dispute. The proposal would set time limits for adverse parties to respond to a request for services and would allow decisions based on written submissions instead of administrative conferences. The department of labor and industry would have 10 days to refer requests for hearing to the office of administrative hearings. The bill would provide a penalty of $1,000 against any person or em- ployer who knowingly provides false information in proof of insurance re- quests. The bill specifies access to work- ers, compensation data. CB Peace officer death benefits. S.F.1881 (Bertram)(Governmental Operations) would allow death benefits for deaths occurring during an officer's hours of employment, without regard to the ac- tivity being performed, and for deaths resulting from peace officer duties per- formed at any time. CB Peace officer education program. S.F.2178 (Spear, Pogemiller)(Judiciary) would require peace officer standards board to adopt rules by August 1, 1993, governing certification of professional peace officer training programs at ac- Printed on recycled paper credited colleges and universities, con- tent of minimum basic training courses required, and licensing of officers who have satisfactorily completed such pro- grams and passed board-required ex- ams. The bill would require officers hired or elected after August 1, 1994, to be licensed by the board. CB Public safety Drug/alcohol abuse prevention.-ciga- rette/alcohol tax increases. S.F.1945 (Freeman, Pogemiller, Luther, Belanger) (Judiciary) would increase the cigarette tax and the liquor tax. The bill would in- clude alcohol as a drug under the office of drug policy and would create a 25- member local government drug council, with gubernatorial appointees represent- ing specific organizations, to advise the department of public safety on drug treat- ment and criminal justice grants. The bill would remove limits on grants for chemical abuse prevention teams. Companion H.F.1979 (Rest). CB Statewide response system for haz- ardous materials incidents. S.F.2194 (Merriam, Novak, Bertram, McQuaid) (Governmental Operations) would make appropriation to the commissioner of public safety to develop and implement a statewide response system for spills, emissions, or exposure to hazardous materials, with regional teams estab- lished by the state, local government, and private industry. CB Special legislation Proctor: Inclusion in taconite ta.~ relief area. H.F.1994 (Murphy)(Economic Development) would extend the taco- nite tax relief area to include the geo- graphic area of the city of Proctor. SH Shakopee: Change in LGA calcula- tion for 1991. H.F.2260 (Kelso) (Taxes) would exempt the fiscal disparity prior year adjustments for Pay 1986, 1987, and 1988 from the calculation for 1991 state aids. Effective following local council approval. SH B5 .............. .......'.................................. ..... .... ..................... .............. ..................... ;.:.;.;.:.:.;.;.:.:;:.;.;.:.;.;.:.;.:.:.;.:.:.;.;.;.;.:.:.:.:.:-:.:.:.:.: :':'.';..:::;:':':':'::l::,:::::.:':.:.::::,::.:':':::li:::l!::::::: :1~ill::ll:ll:i.:I:l':::I..i'.:1 Il::li11li:iiiiiil.111111!llllllli\ - ;.;,:-:.;.:.;.:.:-:.:.:.;.:.;.:.:.:.:.:.;.:.:.:.:.;.;.:.:.:.:.:.:.:.:.:.; ::,::::":l':~i::i:::::l:l:::: ;&.. Addresses and phc ne ::::;::l':::::::::::".:::liii::i:::::::::::::::::::::':,:!:::::::liiii: numbers )ti~~~\\f}~~~it~~~fttt~~tlit~! :li.j.;::':;.::::;;:i:;I::lillli'ji:ill:i.i.I!iilllll:!i;:i\I:I'\I.:.I: : ~~~~IS ,,{::::::/,;,'::::::::::'{:::t?::,::::tt . Councilmembers ::::;;::::::::::::::::::;:::;:::::::::::::::::::;:::::::::::::::::::;:::: M sf I k ::::.::,.::.:':::::::::;::::;:;:':;::::::';:::::;::;::?::;:::::::: . anager c er s :,::,,:::,:::::::,':::::::'::,'::,',:::::::::,::',:::::,::::::'::::,::':: . Department heads :'::,l:'::::!:l::::;:..':i:::li:l:,,;.'::::.,.,'i:i'l:::::':':::ii,::i:l r:l]:::.::::'.::;::'..:;..::::i:i',;::;;:,;::;:;:::j::::::l::::::i: PI us \:.'.;.:.:.::.:.:.'.:.:.:.:.:.:.:.:.:.'.:.'.:.:.'...:.:.:.:.....,.:.:.,.: :1:j!::ii!!:!llll~lill:::llill.I'I:I.\.lllllll::!\I::!Illillli\ll:II!.! lil.illli..'li:li:"':I::'I:i::.i:.;,:,.;::.::lii::'j..';i:l!.::I.";" ~~tf~tt?~~rtt:t~~~tt~~~~tttt ;:;:::::::::::::::::::::::::::;:;:::::::;:;:::::::;:::;:::::;:::;:;:::;:; ~Jr\f!~\1j~j~}f~~I~~~jI~~~;;~I1~~j~~\fjj ~~~@j{:j:~:~:~;;:~:~:~:j:~;~;;;;;}~:;:;:~:j;;:j:;:}fj;~: ~jr~I{~\~\~~~IIj~~~I\~\~~IrI~~I\~I~I ;:::~::::::::::;:::::;:::;:::::::::::::::::::;:::;:::;:;:::::::;:;:;:::; 854 Cities ~t~~~~tt~~~~~~~;~:~~~~~j~~~{;~~;~;;;~~;~~:t~~t~;:~~~ :::;;;~;:::;;:::::::;:;::::::::::::;:;::::;:;;;;;;;::;;;:;:;:;:;:;:;;;:; ::::::'::::::::::::'::::,::::,::::::::::::::::::::;:":'::::::::::::::::: Leeg.. of Minnesota Cl1Ies - =:;~"=~' ,~ ~~ Directory of Minnesota City Officials . EJection year and mon h . Council meeting day a d time . legislative and congre sional districts 1lliil5 League of Minnesota Cities Member Cities Order Now 1990 Directory of Minnesota City Officials Publication available in February Price: $15.00 per copy The Directory contains: 1 Names of all officials and department heads in Minnesota. 2. City hall street addresses. 3. Designation of Plan A and Plan B. 4. Council meeting dates. 5. Telephone numbers of city hall or clerk, where available. 6. Zip codes. 7. Population as of the 1980 federal census. 8. Legislative and congressional districts. NOTE: The special price of $15.00 is a service to members only and is not intended for business or professional firms. Where a consulting firm is retained by city engineer, city planner; etc., no more than one copy of the Directory may be purchased and paid for by the city for their use in that capacity. Order Form Fi ance Department le ague of Minnesota Cities 183 University Avenue East St Paul, MN 55101 .............. ........................................................... :::rrrifD:::::':Wm:':::::t:':::'i*i:;t:ibNiM<:'~::':E:::::'::i,*t:r: .....,," :y~ - :\.i.t1;.:r:;::K:(:; . ....,:;,;::...... '1.":/1:11111::.ll':'I:li.',II::l::.I::IIIIII.I:III::1.::::1::':::II::'11::::Ii:l:lll/:'11 City . State Zip Code ($16.00 per c( py - includes $1.00 postage and handling.) .... ~ e e e . . . . . . . CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 S. Greeley Street Stillwater, MN 55082-6012 M E M 0 RAN DUM (612) 439-8803 DATE: March 2, 1990 TO: Community Access Corporation Members Access Center Staff Community Institution Representatives FROM: Michael E. Knutson, Chairman CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION RE: COMMUNITY ACCESS The Joint Cable Commission is currently in the process of negotiations with King Videocable Company that may result in the restructuring of community access management and operations in the Central st. Croix Valley area. The Commission is making plans for community access, and will be discussing items that may be of interest to you at its March 19, 1990, meeting to be held at 7:30 p.m. at Stillwater City Hall, 216 North Fourth Street, Stillwater, Minnesota. First the Commission will be defining goals for a community access operation. These goals will develop into performance measures that will indicates the success of the operations over time. Second, the Commission will be discussing current and future needs for community access in terms of channels, video equipment, human resources, funds, character generation equipment and operations. The Commission will be discussing the needs expressed to date and listed on the enclosure, and will determine which of these and other needs should b~ further considered and researched. This memorandum notifies you of the meeting in the case that you wish to attend. If you would like to request to address the Commission formally, please notify the Commission by writing to the Joint Cable Commission, 1941 South Greeley Street, Stillwater, MN 55082, or by calling the Commission office at (612) 439-8803, prior to the meeting date. Enclosure: Attachment 2 MEK/mgr e Representing the Cities of Bayport, Oak Park Heights, and Stillwater also the Townships of West Lakeland, Bay town , and Stillwater MICHAEl. E. KXUTSON, Chairman JACLYN ULRICH, Vice Chairperson EDWARD LAWSON BEV SCHULTZ, Secretary MARY KREIMER-ADRIAN ANN M. BODLOVICK, Treasurer PHYLLIS WHITE DEAN KERN JACK DOERR ~ ~ o ~. , ~ e e .. Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes February), 1990 The regular monthly meeting of the Stillwater Public Library Board of Trustees was held on Monday, February 5,1990. Present: Hansen. Childs, Engebretson, Schmidt, Welshon. Anderson. Kalinoff. Casso The meeting was called to order at 6:34. pm by President Hansen. The agenda was adopted as amended to add items 3,4., and 5 to New Business (see below), The minutes were approved as published. Payment of bills in the amount of $6.419.39 ($423,68 from 1989) was approved, There was a note of appreciation and cookies from Lori Zylla, Com mittee Reports L Administration - none, 2, Budget and Finance - none, 3, Building and Grounds - none. 4. Goals - Submitted Document B. Motion adopted to accept recommended time line for adult programming: May L 1990 - Complete proposal prepared, foundations identified and contacted. July 1, 1990 - Grant proposals presented to all funding sources. September 15, 1990 - Review funding proposal responses. January L 1991 - Commence adult programming, (Note: This may need to be reconsidered per Hage.) Motion adopted to eliminate collection assessment process previously adopted. Motion adopted to direct the Goals Committee to advise the Board by April 2, 1990 on the details of preparation and administration of a survey. 5. Public Relations - Di.rector will proceed with selected SPL stationery project. 6. Special Projects Doll display gone. Valentine display coming. SPL will participate in 1990 Lumberjack Days. 7. WCL Liaison Report - given, no action needed. t. e Old Business 1, Video casette Loan Policy - Adopted a policy that "Stillwater Public Library wiU make unrestricted loans of recreational video casettes to everyone twelve years of age and older. Stillwater Public Library will make loans of recreational video casettes to those under twelve years of age only with written parental consent." 2. Video Viewing Policy - Adopted a policy that "Effective immediately Stillwater Public Library will allow patrons to check out video tapes and VCR units and to allow them to view those tapes as the Director designates," 3. Adult Programming - no action. 4. Margaret Rivers Foundation Grant - Discussed using these funds for newsletter or collection development. No action. New Business 1. Legislative Day - Will be held February 22,1990, 2. Motion approved to pay Rotary membership dues for Director. 3, Motion approved to allow Director to spend up to $50 of SPL funds for grand opening gift for Bayport Public Library, 4, Motion approved to set Director's salary at $46,200 for 1990. 5. Proposal to establish policy on sexual harassment referred to Administration Committee. President's Report was presented. Director's Report was received and discussed. e Betsy Bage of Hage Research Works presen ted a Member Education program on Foundations and Private Funding with special emphasis on libraries, (Attachment A) In the Q&A session following, it appears that the time line approved for Adult Programming (above) is overly optimistic. Adjourned 9:27 pm for Annual Meeting. Sub mitted: W. Yes Childs Acting Secretary e e Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes February 5. 1990 The regular annual meeting of the Stillwater Public Library Board of Trustees was held on Monday, February 5,1990. Present: Hansen. Childs, Engebretson, Schmidt, Welshon, Anderson, Kalinoff, Casso The meeting was called to order at 9:28 pm by President Hansen. The minutes of the annual meeting for 1989, held February 6, 1989, were approved as published. Don Hansen was elected President for a two year term. Gregg Schmidt was elected Vice-President for a two year term. Ves Childs was elected Secretary for a two year term. Committee appointments will be published separately. e Adjourned 9:33 pm. Submittted: W. Ves Childs Secretary e CERTIFICA TE OF SURVE' Survey Mode Exclus;v.Jy For' Charles N. Marai}as I Apple Orchard Raad ?lIwood I Minnesota 55/10 ~- O(f:((J ,i of Lot I and part of Lot 2, Block Three, FEELY'S ADDITION, City of Stillwater, Washington County, Minnesota. e o III . 110 40 10 71 lIIO ItIO ~~...._ I Seal.' ~ Inc" Equtll. FIf,y FH' ----- PARCEL A ...' ~ . I 3 ~ -M, \ lIJ :: IC\I :,- It) ~ - o lei) I I lC) q 3 \ ~~~ ~~ ---S89036'36"E 247.74--- '-North g~Llntl offhtl South /55.00 FHf. "~2o.00 .~ ! ....J :::i t;; -;; ~ ~ 8 ~~ OG 'QV I. story briCk building I \ \ PARCEL 8 -i.t::J . 38,399 Sq. Ft. tv L,.ine Lot I, Block Thl'H ~~ SE Corner ,p Lot I LOT ONE (1), AND THE WESTERLY 29.28 FEET OF LOT TWO (2 MEASURED ALONG THE SOUTHERLY BOUNDARY LINE THEREOF, AL BLOC! THREE (3), FEELY'S ADDITION, ACCORDING TO THE .PL, THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COU: RECORDER, WASHINGTON COUNTY, MINNESOTA, WHICH LIES NOR' THE SOUTH 155.00 FEET THEREOF. I I I C lC) t'J ~ PARCEL B THE SOUTH 155.00 FEET OF THE FOLLOWING DESCRIBED PROPE . I I '1 It) It) " .;..,-~ .. ,-. ,tI) 'l.. LOT ONE (I), AND THE WESTERLY 29.28 FEET OF LOT TWO (2 MEASURED ALONG THE SOUTHERLY BOUNDARY LINE THEREOF, AL BLOCK THREE (3), FEELY'S ADDITION, ACCORDING TO THE PL THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COU RECORDER, WASHINGTON COUNTY, MINNESOTA. e 0-<' V \o~ ~~ ~Q NOTES I , ,. I' o Denotes k, Inch Iron ,.. monument set morked w,'th tI ,;Jo.tlc ClIP In~ed ANEZ RLS 13715. Oenotes Iron monument found ofld morked os Indltoted. .. Soutll Line tot 2, Block Three. : Fnd. ~ inch I. P. I RLS # 501.3 South ~d~Jz inCh-,E\N89036'36"W RLS _501.3 247.74 --- a.o"flQ' or. btI..d on ""' Woshington County Proj<<t Coordlntlte System - South Zon., . , --~ e CERTIFICATE of SURVEY BRUCE A. FOLZ & ASSOCIA TES LAND SURVEYING LAND PLANNING 1815 NORTHWESTERN A VENUE STILLWATER, MN. 55082 (612) 439,8833 Survey For: ED SIMONET III W.ASHINGTON COUNTY ABSTRACT CO. 522 S. 4 TH STREET STILLWATER, MN 55082 SEE A TT ACHED SHEET FOR LAND DESCRIPTIONS I HEREBY CERTIFY THAT THIS DRAWING IS A CORRECT REPRESENTATION OF THIS SURVEY AND ALL MONUMENTS HAVE BEEN PLACED IN THE GROUND AS SHOWN. THIS SURVEY OR PLAN WAS PREPARED BY ME' OR UNDER MY DIRECT SUPERVISION AND I AM A DULY REGISTERED LAND SURVEY~ UNDER THE LAWS OF THE ST ATE OF MINNESOTA. /:'~':'~-i~~ ;:~L. ~~2~/ f- {)c c. 2- 2...1 J? 89 BAUCE A, FOLZ MINN. REG. NO. 9232 DATE o DENOTES 1/2 INCH IRON PIPE MONUMENT SET AND MARKED WITH A PLASTIC CAP INSCRIBED "R.L.S. 9232", UNI,.ESS SHOWN OTHERWISE. THE IRON PIPE MONUMENTS SHOWN WERE SET AT THE TIME OF THE RECORDING OF DALLAGER ESTATES IN 1983. SCALE: linch- 50 feet o 25 50 DISTANCES SHOWN TO FEET 110.30, ETC.! ARE EXACT EXTRINSIC VALUES. BEARINGS ARE ORIENTED TO THE RECORDED PLAT OF DALLAGER EST A TES (pIP N 3 ~ ~ ~~ o .rl<" ~~ ....... .l:\ >- / <ro " L\ / ^ $,;, '0<;00 q~ o / /, a, 0 '-< G \,~/ // / "'\. ..Yc:5"'~~ :Or\ ( \......> / / / " " ''<9]' oS- \.; ~ ~ 0 / <.q,}';o " S s '- ,% l>./( \ 'v /// / '~\~ '" \ II I', -<i.t, '" V / / to; \ I---^ 1 I.... "<.. \.9 \\ I---^ / / /S/ . c.. 110,0 res.,. F t, -:t . ~ 1 1 .... ........ oJ V / / ---.J 'VI 1 ____ //// \PARCEL ~rv~/1 N 98"00' ocFw - . / 0'V';- I ___88.~.? A '?J I' / IrJI ---1 0// o I \ 1 / ~ ~. \ II q,~:>I \ "/3 I ..;~.?~ r \ ,y,,;>..-<.c;;,., / 1 ~ 0 V \ \ Ss I / 1 ..,.<' \ S';>"J.. -J. I / ~\ \ \ \ IV I I .... \ Q\ V \ \~\J'~) 0, \ I I \~~, \ \ Z P'ARCEL I I '\ l) "'\ \ _ 0 ~ I \ :l.:, \ ~; B I I " \ \ \)\ \.).1_ ~lLJ I I , \ 8 \ 'fiJ'_ l1')N') I \ ~\ \ \ i. 15,3ltO~.R.:t-~~ I \~ C\. \ \ 0- ~ I \. ~\ \ 0 - \~ III \ \ 0 I I , r-'=' \ Z I , , \ I \ \ \ \ I I - - - - _J \~ - se.,oYlo 2.Q"E - - J \- - -S8~OJ.j ,'zcj'E- __I L - - - --- 102..00 92.00 4 -- 5 ~ ~ <J~ j~ ~ < Q 7 9 ~. " /