HomeMy WebLinkAbout1990-10-16 CC Packet
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AGENDA
STILLWATER CITY COUNCIL
October 16, 1990
SPECIAL MEETING
REGULAR MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
1. Request by Conspec for Tax Increment Financing Assistance for Completion
of 18,840 - 26,390 sq. ft. Manufacturing Facility in Stillwater Business
Park.
2. Update on Negotiations for Purchase of Glacier Park/Mulberry Point
Property.
3. Update on Purchase of Land for National Guard Armory Site.
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
e APPROVAL OF MINUTES - Regular & Recessed Meetings - October 2, 1990
INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Ron Langness, Springsted, Inc. - Possible Award of Bid - $1,350,000
General Obligation Capital Outlay Bonds, Series 1990A.
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STAFF REPORTS
PUBLIC HEARINGS
1. This is the day and time for the Public Hearing for a Variance request to
the sideyard setback requirements (12 ft. requested, 20 ft. required) for
the construction of an attached garage at 322 W. Churchill St. in the RB,
Two Family Residential Dist., Duane Arndt, applicant. Case No. V/90-60.
Notice of the hearing was published in The Courier on October 11 and
mailed to affected property owners.
2. This is the day and time for the continuation of the Public Hearing to
consider a Subdivision of an 8.7 acre lot into two lots of approximately
2.5 and 6.2 acres at the Northwest corner of Washington Avenue and Curve
Crest Boulevard in the IP-I, Industrial Park Industrial District, James E.
Kellison, Curve Crest Properties, Applicant. Case No. SUB/90-48.
Notice of the hearing was published in The Courier on August 23, 1990
and mailed to affected property owners.
3. This is the day and time for the continuation of the Public Hearing to
consider a Special Use Permit for wholesale auto parts distribution for
use located on the northwest corner of Curve Crest Boulevard and
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Washington Avenue in he Business Park Industrial District, Curve Crest
Properties, Applicant. Case No. SUP/gO-SO.
Notice of the he ring was published in The Courier on August 23, 1990 ~
and mailed to affecte property owners.
4. This is the day and t'me for the Public Hearing for the possible transfer
of a liquor license f r Cat Ballou.s, 112 No. Main St., Richard J.
Anderson, applicant.
Notice of the he ring was published in The Courier on October 11,
1990.
UNFINISHED BUSINESS
1. Report from Larry Bos uet, Washington Co. Public Works Dept. regarding
CSAH 23/Third St. & 0 leans St. Intersection.
2. Feasibility Report fo Fairmeadows Sewer Line.
3. Request by Washington County to change the location of the Parking
Structure for the Gov rnment Office Building (Case No. PUD/88-68 & 71),
Washington County, Ap licant.
NEW BUSINESS
1. Appeal of Heritage pr servation Commission decision regarding Chain Link
Fence enclosing Lowell Inn Parking Lot.
2. Request for Material ubstitution on 212 No. Main St., Wrap & Ship
Building, Case No. DP/PR/89-61.
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3. Special request for City Approval to construct new Single Family Residence
on site with existing Single Family Residence at 1016 So. 6th St. in the
RB Duplex Residential Dist., Jay Cates, applicant.
4. Request from Downtown Plan Action Committee to add three Downtown
Business/Property Own r Representatives to the Committee.
PETITIONS, INDIVIDUALS & DELEGATIONS (Continued)
CONSENT AGENDA
1. Resolution Directing Payment of Bills (Resolution No. 8381)
2. Applications (List t be supplied at meeting).
3. Claim from Cathrine Penne for injuries from fall at entrance to Mulberry
Point Antiques, 270 No. Main St.
4. Set Public Hearing Date of November 13, 1990 for the following Planning
Cases:
a. Case No. ZAM/90-6 - Zoning Ordinance Map Amendment changing the zoning
on residential areas surrounding the Downtown from RCM Multi-Family
Residential Mediu Density to RB Duplex Residential. City of
Stillwater, Applicant.
b. Case No. ZAT/90-5 - Zoning Ordinance Text Amendment adding a new Public
Administrative Of ice District, PA, to the Zoning Ordinance Land Use
Designations. Cit of Stillwater, Applicant.
c. Case No. ZAM/90-7 - Zoning Ordinance Map Amendment designating certain
zoned lands from RCM Multi-Family Residential designation to PA, ~
Public Administra ive Office. City of Stillwater, Applicant. .
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d. CASE NO. V/90-61 - Variance to the Parking Ordinance for a residential/
commercial building at 220-224 East Chestnut Street in the CBD, Central
Business District, Historic Commercial District. Shawn and Becky Otto,
Applicants.
e. CASE NO. SUP/V/DR/90-62 - Special Use Permit, parking, sign variance,
and design review for the construction of a train depot and parking lot
at 601 North Main Street in the RB, Two Family Residential District,
Flood Plain, FP, Downtown Plan District. David Paradeau (Minnesota
Zephyr), Applicant.
f. CASE NO. ZAM/9U-5 - Zoning Ordinance Map Amendment changing the zoning
of three fourths acre of land from residential duplex, RB, ~o CBD,
Central Business District located between the railroad and Main Street,
north of Laurel Street. City of Stillwater, Applicant.
COUNCIL REQUEST ITEMS
STAFF REPORTS (Continued)
COMMUNICATIONS/REQUESTS
1. Wayne Wohlers, Park & Rec. Comm. Chair - Elks Christmas tree sales at Lily
Lake Tennis Courts.
2. Wayne Wohlers, Park & Rec. Comm. Chair - Replacement of Parks Director.
3. Judith Gulden - City's possible acquisition of Washington School
Playground.
4. Dennis Balyeat - Transfer of Section 8 Housing Program to Washington Co.
HRA.
QUESTIONS/COMMENTS FROM NEWS MEDIA
ADJOURNMENT
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THE B I R T H P LA CEO F M INN E S OT A J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 12, 1990
SUBJECT: REQUEST FOR TIF ASSISTANCE FOR CONSTRUCTION OF OFFICE/WAREHOUSE
MANUFACTURING BUILDING.
BACKGROUND:
The City of Stillwater has received a written request for Tax Increment
Financing Assistance from Con/Spec Corporation for construction of a 18,840
square foot, first phase, 26,390 square foot total (first and second phase)
light manufacturing facility in the Stillwater West"Business Park Scattered
Site TIF Development District. (See attached letter and application for TIF
assistance.) Staff has met with-the applicant and discussed the need for
assistance and procedures and priorities of the City for providing TIF
assistance.
e The project meets the following TIF objectives:
- It is a compatible land use.
- The project would help stabilize and strengthen local property tax
base and create new jobs.
- Encourage local businesses expansion.
It is consistent with recently adopted Stillwater West Business Park
Plan.
The applicant has submitted a "but for" letter that indicates the project will
not proceed without City assistance. Information has been provided on the
building tenants and project financing. The assistance is being requested to
write down the cost of the 2.41 acres of land need for the site from $208,046
or $1.98/s.f. to $82,000. To some extent, the highland cost is a result of
the road and utility improvements made to create the Business Park during the
mid 80.s. The $126,000 of assistance being requested is "pay as you go"
assistance, meaning the assistance is only paid after the increased taxes from
the new project are paid.
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PROJECT DESCRIPTION
The project is an 18,800 to 26,390 office/warehouse manufacturing facility
located on the northwest corner of Curve Crest Blvd. and Washington Avenue.
The facility would house five local businesses that need additional room to
expand. (See attached letter.) The plans meet the development and parking
requirements for the district. The developer has indicated that they will
petition the City for the extension of Curve Crest Blvd. At that point the
easterly driveway access on future Curve Crest Blvd. will be closed.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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DISCUSSION OF REQUEST
The project meets several of the TIF objectives as mentioned above. The method
of assistance "pay as you go" minimizes the risk to the City. $126,000 for a
$1,420,000 project is within.the 8:1 guidelines of the TIF policy. 50% of the
TIF revenues will go to the Downtown, a priority area for improvement to the
City .
It is recommended that the assistance be tied to project ownership by
developer for some period of time to ensure a commitment to the area and a
stable tenant base. Also, provision should be made for the City to be able
to pre-pay assistance if that makes sense during the assistance period.
Staff feels the 12% interest on the assistance amount is too high and that
interest rate should be tied to the cities most recent bond interest rate. The
specific method of calculating and providing assistance should be determined
by the Finance Director.
RECOMMENDATION
Approval of assistance request with the following conditions and direction to
Staff to prepare necessary TIF budget/program amendment and development
agreement.
1. The assistance amount shall be $126,000 current value calculation a
most recent City bond interest rate.
2. Assistance payment shall be made as long as the developer owns the
project, up to seven years. After that point, assistance will be
provided to new owners.
3. The City shall have the right to pre-pay the assistance.
4. At least 50% of all TIF revenues generated by the project shall be used
in the Development District to make Downtown improvements as indicated
in the Development District plan.
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CON/SPEC
CORPORATION
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1809 NORTHWESTERN AVENUE
STillWATER, MN 55082
(612) 430-1500
FAX (612) 430-1505
October 1, 1990
Mr. Steve Russell
City of Stillwater
216 North 4th Street
Stillwater, Minnesota 55082
RE: Stillwater II Office/ Industrial Building
Dear Steve:
Please find enclosed our application for tax increment financing
assistance for the above referenced project. We have revised the
application to conform to our project as of this date.
Also for your information I have enclosed a reduced copy of the
revised site plan and a prespective of this new building elevation.
As you can see from the site plan we are anticipating Phase II
construction to consist of approximately 10,100 square feet which
will then allow the land to be fully utilized rrnd to provide a
reasonable rate of return to the investors. We anticipate that we will
be able to lease the Phase II space during the winter of this year and
then be able to commence construction of it as soon as the frost is out
of the ground in the spring of 1991. We are therefore at this time
asking for your consideration and approval for both our
TIFapplication and our site plan for the construction of both Phase I
and Phase II.
Steve, we also will be requesting a form for petitioning to extend
Curve Crest Boulevard to the westerly property line of the site which
we will be developing. We hope that with the preliminary
engineering completed by the city that prices, engineering, and
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construction can be accomplished in the spring of 1991 so that we
may wrap the total project together with Phase II and street work all
being accomplished by mid to end of the summer of 1991.
Thank you for your attention in this matter. Should you have any
questions or require any further information please contact me
directly.
Respectfully Submitted,
CON~PECCORPORATION
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Vice President
cc: Dave Magnuson
City Attorney
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SEPTEMBER 27, 1990 AMENDED
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APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE
CURVE CREST PROPERTIES PROJECT
1. Qualifications of Developer: Curve Crest Properties is a Minnesota
General Partnership with C.R. Hackworthy acting as managing general
partner. Mr. Hackworthy is also CEO of CON/SPEC Corporation. The
development credentials of Mr. Hackworthy and CON/SPEC are more fully
described in the attached Exhibit 1.
2. At the appropriate time, the Applicant will provide a "but for" letter
that is acceptable to the city. The Applicant represents, however, that
without tax increment assistance having a present worth of approximately
$126,000, all of which will be used to reduce the purchase price of the
real property, the project contemplated by this application will not be
undertaken by the Applicant at this time.
3. Estimated Sources of Funds
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Equity Contribution
Equity Contribution for TIF Advance of
$126,000 Present Value Dollars
Project Financing Secured by a
Mortgage and Personal Guarantees
$ 174,000
126,000
1,120,000
Total Sources of Funds
$1,420,000
4. The present ownership of the project site is controlled by Mr. Pauley and
Ms. Kern.
5. The project is an 18,840-26,390 net rentable square foot single story
masonry building situated on 105,000 square feet of improved land located
on the northwest corner of Curve Crest and Washington. The building is
designed for immediate occupancy by five tenants totaling 18,840 square
feet with approximately 7,550 square feet of uncommitted space to be
built in Spring 1991 for tenant expansion and one additional tenant.
Specific details about elevations, parking, density, etc. can be obtained
from the attached drawings and renderings.
6. The building, is an office-warehouse type facility. Tenant information
is as follows:
o Brine's, 6,220 sf, 15-year lease, relocation of Brine's
over-the-counter business from downtown (where the entire facility
will be renovated to a restaurant), 4 full-time and 10 part-time
employees between Brine's two locations.
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GESSCA, 4,320 sf, 6-year lease with a 3-year option, relocation
needed for expansion, 2 new and 5 relocated employees.
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o NRS Engineering, 3,300 sf, 6-year lease, relocation needed for
expansion, 2 new and 11 relocated employees.
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o
Borg Precision Machine, 3,000 sf, 3-year lease, relocation needed for
expansion, 4 new and 9 relocated employees.
o St. Paul Pioneer Press, 2,000 sf, 6-year lease, 1 new employee and 23
relocated employees (22 of which are part-time).
o Expansion space (per GESSCA Lease): 4,400 sf.
o Spec space for new tenant: 3,150 sf.
7 . Budget:
Land (105,000 sf)
Building Construction, Interim Interest
and Leaseholds
Indirect, Non-construction Costs
$ 231,000*
Total
1,094,000
95,000
$1,420,000
* Includes $23,100 of assumed special assessments.
8. No, the Applicant will not occupy the building. See number "6" above for
tenant information.
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9. The Applicant requests assistance for land write down of $126,000
present value dollars, on a "pay-as-you-go" basis. Our analysis requires
assistance over 15-20 years assuming our annual finance rate is 12% and
we split "net captured increment" with the city, with our annual share
estimated at $13,000 beginning in the 1993 collection year and inflating
annually by 2%.
10. No environmental impact will result from this project.
11. Negotiate TIF and start construction immediately with completion and
tenant occupancy scheduled for Winter 1991.
12. A) C.R. Hackworthy, Managing General Partner of Curve Crest Properties
B) c/o CON/SPEC Corporation
1809 Northeastern Avenue
Stillwater, MN 55082
C) 430-1500; Fax 430-1505
D) C.R. Hackworthy and Jim Kellison
E) General Partnership
F) To be formed
13. C.R. Hackworthy
14. All answers - CON/SPEC Corporation, attention C.R. Hackworthy or Jim
Kellison
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15. A) Yes, National City Bank, financing preliminarily approved subject
to signed leases and city consent to approximately $126,000 present
value of tax increment assistance;
B) No
C) No
D) No
E) Bank St. Croix, National City Bank, Brooklyn Center Leasing Company
16. The Applicant will undertake the project if appropriate:
A) The Applicant and the city can negotiate an agreement acceptable to
both with respect to the financial assistance requested;
B) The Applicant secures the equity and mortgage financing contemplated;
and
C) The Applicant believes the project to be financeable and economically
feasible if the city provides the assistance requested.
17. The Applicant will provide reasonably requested guarantees to the city
providing the city represents to the Applicant, as early as possible, the
nature and duration of the guarantees along with specimen forms of the
guarantees required.
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18. The Applicant has economic operating models and theoretical tax increment
models the city may review. The Applicant will also share project,
tenant and lease information with the city upon request; however, the
Applicant requests that the city review only essential information and
to remember that some of the economic tenant and lease information is
sensitive.
19. The Applicant understands that additional information may be requested by
the city.
Applicant understands and agrees that the information contained in this
application and the information contained in items above is intended for use
by the City of Stillwater, its officers, employees, and agents in connection
with the City's consideration of possible tax increment bond financing
for Applicant's project; however, the City gives no assurance that this
information may not be disclosed, in whole or in part, to persons other than
City's officials, employees and agents.
The Undersigned, the Managing General Partner of applicant, hereby represents
and warrants to the City that he has carefully reviewed this application,
and that herewith are accurate and complete to the best of the Undersigned's
knowledge and belief.
Dated:
September 27, 1990
Curve Crest Properties
By:
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C.R. Hackworthy
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Its: Managing General Partner
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St i llwater 11 Project
TIF ASSISTANCE SUMMARY
-----------------------------------------------------------
Prepared by: Mericor Financial Services, Inc.
01-0ct-gO
The captured tax increment generated by the proposed project is
analyzed as follows:
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Building's approximate real value
Times efficiency
Estimated market value
First 100,000 times .033
Balarlce times. 0506
Estimated tax capacity
Less frozen hase tax capacity (?)
Net captured tax capacity
Times City's tax capacity rate
Gross captured inCreDlent
Less fiscal disparities of 30%
Less special school levy of 10~
Net captured annual tax increment
Split 50/50 with City
Developer share
1, 325, 000
90.00~
1,192,500
---------
--------
3,300
60,174
-----
63,474
(1)
63,473
0.97073
61,615
<18,484)
(6,161>
-----
36,969
50.~
18,484
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All TIF Assistance is "Pay As You Go," meardng you pay full taxes each
year, but the city will rebate or.e half of the "rlet captured incremerlt"
beginning in 1993, which is currently estimated at about $18,484
net to the developer.
Assuming $18,484 beginning ir~rement and a 2% annual inflation
rate, the annual cash receipts would be approximately as follows:
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Arlnual Excess Irlcrement
TIF Receipts Annual Available to the
Period Year 2.00% D/S * City
------------ ---------------------------
1 1993 18,484 18.500 (15)
2 1994 18 854 18~500 354
3 1995 19: 231 18,500 731
4 19% 19,616 IB~500 1,116
5 1997 20~008 18,500 1,508
6 1998 2(i, 408 18,500 1,908
7 1999 20,816 18,500 2,317
8 2000 21.233 18,500 2,733
9 2001 21; 6..J'ry 18;500 3,158
10 2002 22~091 18,500 3,591
11 2003 22, 532 18,500 4,033
12 2004 22~983 18,500 4,483
13 2005 23;443 18,500 4,943
14 200D 23,912 18.500 5,412
15 2007 24,390 18~5OO 5,890
319,659 277,498 42,161
* Present worth of the annual receipts, assuming you pay 1~ on a 15
year loan, the receipts would support a loan amount of: 139,394
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loarl amoUflt 12DL.OOO
rate k. 00%
term (yrs) 15
anrl prnt 18,500
In addition, you would have the interest charges for the interim two
years prior to receiving increment.
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October 10, 1990
1809 NORTHWESTERN AVENUE
STillWATER. MN 55082
(612) 430-1500
FAX (612) 430-1505
Mr. Steven Russell
Community Development Director
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: Stillwater II Office/Industrial Building
Dear Steve:
In response to your question regarding the reasons for our tenants for the above referenced
project determining to relocate, I inquired of each of them and have compiled the following
information:
BRINE'S INC. - Monte Brine
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Difficulty of access for delivery trucks; lack of immediate parking facilities for retail
patrons of the butcher shop and deli; lack of space in existing facilities to accommodate
new requirements for expanded product line; waste disposal problem due to nature of
product (meat scraps and other organic matter).
GESSCA - Tom Wilson
Current space is only office and needs shop space now for expansion of product line; lack
of good manufacturing space downtown for their needs with respect to welding, sheering
of metal and metal stamping machines (not acceptable in wood and brick type structures
due to potential fire problems); difficult access for trucking of product to and from the
facility.
PIONEER PRESS - Scott Mathews
Requires larger space than currently available and nothing of proper size and configuration
is available downtown; major requirement is a better dock and dock access (not on a hill as
currently located); current facility has no heat or bathroom; current facility has higher
overall cost; new facility will have closer proximity to St. Paul without access being
required to go through downtown Stillwater.
NRS ENGINEERING - Nathan R. Smith
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Current facility is not configured for their new needs or for potential expansion; landlord
of existing facility will not do the necessary improvements to entice a new lease; current
space is more expensive than the new space will be.
Mr. Steven Russell
City of Stillwater
October 10,1990
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Current facility does not ha e a loading dock; the new facility will be much better with
respect to environmental c nditions; existing space, although of the same size, does not
configure as well for needs f machinery and office area.
Steve, I hope this informati n is of value in your consideration. Should you require any
additional information, plea feel free to call me.
Respectfully yours,
JEK/lp
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CORPORATION
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October 8,1990
1809 NORTHWESTERN AVENUE
STillWATER. MN 55082
(612) 430-1500
FAX (612) 430-1505
Mr. Steven Russell
Community Development Director
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: "Pay-As-You-Go" Tax Increment Assistance for
the Curve Crest Properties Project; "But For" Letter
Dear Steve:
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This letter is intended to summarize the topics discussed at the October 4, 1990 meeting at
City Hall between yourself and Dave Magnuson at which Andy Merry and I presented our
amended TIP Application.
Our intention is to build a 26,390 square foot masonry building, 18,840 square feet of
which is leased. The leased portion constitutes Phase I, the construction of which will be
undertaken immediately if our requested TIP Application is approved. Our project finance
lender will only allow us to build out committed space, even with the approximate
$300,000.00 of contributed partnership equity. While not guaranteed, we anticipate and
believe that Phase II, 7,550 square feet, will be leased and the construction completed for
that space prior to the end of 1991. Regardless of a completed building having Phase I or
II dimensions, the land area on which the project site remains the same 2.41 acres at a cost
of $208,046.00, or $1.98 per square foot.
WitllOut the pay-as-you-go tax increment assistance valued at $126,000.00 present value
dollars, Curve Crest Properties will be forced to abandon the contemplated project
altogether. Regardless of the project's size, we need the $126,000.00 present valued
assistance. We are agreeable to splitting available increments evenly with the City over the
period of time necessary to produce the requested amount of assistance using a 12% annual
discount rate.
With respect to the ownership of the building, the partnership considers its investment long
term. Although sensitive to your position that incremental assistance, if granted, would be
made to the partnership, we believe the real benefit to both of us is the asset, namely the
building. We do not intend to sell the building prior to recovering the $126,000.00 present
value assistance, but if we do sell, we feel strongly that the assistance must continue for the
second owner. At a minimum, the assistance must be provided long enough to recover
$126,000.00 expressed as future value dollars.
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As you know, we are anxious to move forward and begin construction. Realizing that if
the City conceptually approves the requested assistance at the council meeting on October
Mr. Steven Russell
October 8. 1990
Page Two
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16, 1990 and authorizes y u to negotiate and document the transaction, formal approval
will not occur until Novem er or December. If the City and the partnership can agree on
the structure discussed at th October 4th meeting and in this letter, and if the Council will
accept those terms and con "tions with a voted "preliminary approval" and directs you and
the City Attorney to docu ent the transaction, the partnership will firm up the leases, the
project fmancing and begin onstruction as soon as the City grants a building permit.
If you or your assocjates h ve any questions or comments, please feel free to contact me.
By October 10, 1990, I w 11 provide you with the requested plans, plat sheets and the
reasons our prospective ten ts favor this new building rather than "downtown" space.
Very truly yours,
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STILLWATER AREA
ECONOMIC DEVELOPMENT
CORPORATION
October 15, 1990
The Honorable Wally Abrahamson, Mayor
city of stillwater
city Hall
216 North Fourth street
stillwater, MN 55082
Dear Mayor Abrahamson:
The stillwater Area Economic Development Corporation wants to
take this opportunity to show its support for a project of
Con/Spec Corporation to be located in the city of stillwater's
Industrial Park. The "stillwater 2" project to be located at
the corner of Curve Crest and Washington is just the kind of
project that we whole-heartedly endorse.
The fact that this building is fully leased with tenants that
are relocating and expanding their operations is the very kind
of healthy growth that this community needs. We think that Mr.
Hackworthy and Mr. Kellison have done a superb job in execution
of this project.
We respectfully would recommend that your city council take any
necessary action to help bring this project to its completion.
s2re1Y. 0
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presidenVoc
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cc: Tom Farrell, Councilman
Ann Bodlovick, Councilwoman
Jay Kimble, Councilman
Roberta Opheim, Councilwoman
P.O. BOX 21 . STILLWATER, MINNESOTA 55082
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THE BIRTHPLACE OF MINNESOTA ~
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 11, 1990
SUBJECT: UPDATE ON PURCHASE OF MULBERRY POINT LAND FROM RAILROAD.
Background:
The City earlier this year received a grant for $200,000 to assist in purchase
of Mulberry Point for expansion of Lowell Park as shown in the adopted
Downtown Plan. An appraisal and survey of the property has been ordered by the
Council.
The discussions with the railroad have included Mulberry Point as well as
other railroad property adjacent to Mulberry Point (see map). CUB Foods has a
lease with the railroad for some of the land and want to provide for future
needs in the Downtown.
Staff has met with the railroad and feel it is necessary to give Council an
update on the activity and get Council direction before proceeding further
with the purchase.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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Cub Foods
October 10. 1990
Mr. Stephen Russell
Community Development Director
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Steve:
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This letter is in response to the various meetings we have
had over the past 18 months regarding the Glacier Park
property parcels in downtown Stillwater. I want to give you
an idea of Cub Foods/Hooley's priorities in terms of our
facilities in Stillwater.
As you know, there is a possibility, at least, that the City
could acquire the Glacier Park property -- including the
parcels which contain the Lumberman's Exchange Building, the
Hooley's store and the parking lots for these buildings. If
this acquisition took place, Cub Foods is willing and ready
to enter into a long-term land lease agreement.
Specifically, we would like to structure a lease with at
least a ten-year initial term and five-year renewal periods
extending over the next 25 years following the expiration of
the initial term. This would enable us to cost-justify an
extensive "face-lift" for the Hooley's store. We also
understand, however, that our rent would need to reflect the
fact that the property is appraised at a higher value than
some of the other parcels.
Right now, with eight years on our Glacier Park lease, we
cannot payoff any major renovations before facing a
probable termination in that building. The disposition of
this store, in its present state, is becoming a major
concern for us at Cub. We expect that we will need to deal
with this issue in the near future.
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Another alternative which we are very interested in pursuing
would be the relocation of the Hooley's store to another
127 Water Street · P.O. Box 9 · Stillwater, Minnesota 55082-0009 · (612)-439-7200
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site in downtown Stillwater. This would enable us to
proceed with a new conventional store with a greatly
expanded customer service area, covered parcel pick-up and
much nicer facilities. In my opinion, the current Hooley's
site would then become a perfect spot for a re-creation of
the old depot, perhaps with a Scenic River Interpretive
Center and related offices.
Finally, we are also interested in securing additional
office space, preferably in the downtown area. There are a
number of possibilities in this regard, all of which need to
be fiscally prudent. As you know, the Red Owl acquisition
by Super Valu has created 110,000 square feet of
administrative office space in Hopkins. Our intent is to
make sure that it makes economic sense to remain in
Stillwater.
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Prior to writing this letter, I discussed all these issues
with Cub Davis. Although any expenditures here at Cub Foods
must be contingent upon the approval of our parent company,
he shares a common desire to do whatever we can to keep
Hooley's and Cub Foods as a viable, permanent part of
downtown Stillwater.
With 83 Cub stores in various parts of the country, I spend
an increasing share of my time appearing before city
councils, planning commissions and civic groups in order to
tell the story of Cub Foods. People I meet across the
country are fascinated to hear about Cub and its origins in
Stillwater. Those of us at Cub who were born and raised
here are proud of Stillwater and we feel it's part of the
Cub Foods identity.
I feel confident that we can work out a "win - win" deal
with Glacier Park, and I hope my letter helps to convey the
sense of commitment that Cub Foods feels toward Stillwater.
Sincerely,
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Tom Thueson
Director of Development
Cub Foods
cc: Cub Davis
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THE BIRTHPLACE OF MINNESOTA . J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: ARMORY COMMITTEE - ANN BODLOVICK, JAY KIMBLE, LYLE
DOERR, NILE KRIESEL AND STEVE RUSSELL
DATE: OCTOBER 11, 1990
SUBJECT: NEGOTIATION FOR PURCHASE OF SITE FOR NEW
STILLWATER ARMORY
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On August 30th, the Armory Committee met and discussed
sites that were available for a new Armory. Information
was provided on site area, service availability, cost and
zoning/land use compatibility.
Based on a review of the information, the Committee
directed Staff to explore sites two and six further to see
if a satisfactory sale price can be achieved.
Staff has received an offer from one of the property owners
(attached) that we think is very attractive. In order to
proceed with the purchase, an appraisal of the site is
necessary to determine the market value. The seller has
indicated they may be interested in supporting the Armory
project through a gift by reducing land price.
RECOMMENDATION:
Authorization to obtain appraisal of sites Nos. two and
six.
ATTACHMENT:
Letter from Prime Site.
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CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
TO:
Ann Bodlovick, Jay Kimble, Lyle Doerr, Nile Kriesel
FR:
steve Russell, Community Development Director
DA:
August 24, 1990
Re:
TASK FORCE MEETING TO DISCUSS POSSIBLE SITES FOR NEW STILLWATER ARMORY
THURSDAY AUGUST 30, 1990 AT 4 P.M., CITY COUNCIL CHAMBERS
In order to proceed with the National Guard to construct a new armory in
Stillwater, the City must acquire and donate an armory site to the National
Guard. An 8 acre site is needed to accommodate a brigade size armory.
Information has been collected on seven (7) si tes as listed below. At the
meeting we can discuss the availability and desirability of the various location
(see map).
Site # Area Services .ug ~
1 14 acres Y .55 Res/O:m
e 2 8 acres N .90 ComjOff
3 8 acres Y/N 1.20 Ind.
4 15 acres Y 2.20 - 3.30 Ind.
5 5 acres N 1.50 Com.
6 6 acres N ? ComjOff
7(1) 48 acres N .25 ?
(1) Not in Stillwater at this time. Site next to new high school site.
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FRONTAGE ROAD
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"E TRUNK KIGKW:Y NO. 36
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+PRIME ~!!~
October 12, 1990
Mr. Steve Russell
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
RE: BUSINESS PARK PROPERTY
Dear Steve:
Prime Site Incorporated would like to amend our previous offer of May 29, 1990
for the cash purchase of 8.679 acres of land (Outlot A, Parcell) in
Stillwater Business Park.
We propose you consider the purchase price of $.90 per square foot, or the
appraisal price if lower, with a fixed cash price of $.65 per square foot.
The difference between the appraisal price or $.90 per square foot and the
fixed cash price of $.65 per square foot would be a non-cash donation on
behalf of Prime Site for the city's use in initiating a new community
center/armory.
Example:
Sale price at $.90/ft.
Cash Price at $.65/ft.
Non-Cash Donation
$340,256
245,740
$ 94,516
Jim and I wish to make this donation to the community toward a new
armory/community center. Over the past 16 years the City of Stillwater has
continually supported our needs to successfully operate a business in this
community.
As businessmen in the area, we realize the need for such a facility. This
facility would provide much needed meeting and conference space, a large
auditorium and a site that could be utilized for training programs with
adequate parking for community and business needs.
If you have any further questions, please feel free to contact me.
Sincerely,
?f!f:?-
President
NHS:yt
cc: James Torseth
P.O. Box 17 · Stillwater, MN 55082 . 612-439.0558 I 612-439-7795
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
October 2, 1990
4:30 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Kimble, Opheim (arrived at
4:40 P.M.) and Mayor Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Comm. Dev. Director Russell
Arena Mgr. Bielenberg
Public Works Director Junker
Building Official Zepper
Fire Chief Seim
City Clerk Johnson
Pre s s :
Mike Marsnik, Stillwater Gazette
Carol Eastwood, Carol Tschida, Vern Wille, Sue Jacoby, Sandy
Hudson, John Harri, Dan Cunningham, Dave Labno.
Others:
STAFF REPORTS
1. Parks & Recreation
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt
the appropriate resolution employing the following staff for the Lily Lake Ice
Arena effective October 2, 1990. (Resolution No. 8366)
Concession Workers
5.25/hr.
4. 75/hr.
4.50/hr.
4.25/hr.
4.25/hr.
3. 75/hr.
3.75/hr.
4.50/hr.
7.00/hr.
5.75/hr.
5.50/hr.
5.00/hr.
5.00/hr.
5.00/hr.
5. OO/hr.
Kathy Molnar
Valerie Curtis
Dawn Bartkey
Michelle Clarice
Patty Ell is
Denise Cardinal
Ben Bertzan
Jul ie r~archetti
Zamboni Operators
Jerry Post
Tom Stiff
Dawn Ba rtkey
David OIBrien
Scott Schmidt
Scott Shely
Kurt Salwasser
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Stillwater City Council
Regular Meeting
October 2, 1990
.
nutes
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Maintenance
Ayes - Counci 1 members
Nays - None
2. Fire Chief -
Discussion of Board f Appeal Hearing to Uniform Fire Code Violation
Clty Attorney Magnus n reporte that an agreement has een reache with
Mr. Kohoutek regardi 9 the fire code violations at Quality Auto Body &
Boat, 501 No. Main S. Mr. Kohoutek will complete the necessary items
wi thin 60 days. May r Abrahamson wi 11 make thi s announcement at the
evening meeting for he T.V. audience.
5.00/hr.
5.00/l1r.
Farrell, Kimble and Mayor Abrahamson.
(Councilmember Ophei
Motion by Councilmember
approve the request for
Ribbon Campaign for Drug
in the downtown area. (
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arrived at 4:40 P.M.)
odlovick, seconded by Councilmember Farrell to
ity support of Washington County Human Services Red
Free Youth, with decorating to be done by volunteers
11 in favor).
STAFF REPORTS (Continued
3. Consulting-Engineer
Fairmeadows Sewer Ba
Extenslve lSCUSSlon 0 owe regar ing the sewer back-up in the
Fairmeadows neighbor ood with several recommendations being made by
Consulting Engineer oore which would alleviate the problem. After
televising the sewer, it ~~as noted there is an extensive root problem.
Mr. Moore listed the alternatives for solution of the problem which would
be to 1. Line the pi e; 2. Construct a parallel sewer for the forcemain
only; and 3. Extend he forcemain out to Olive St. He noted that roots
entering through ser ice connections is still a problem that needs to be
resolved by property owners who should contract with private contractors
to have these roots emoved.
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Stillwater City Council Minutes
Regular Meeting
October 2, 1990
Vern Wille, 308 Laurie Ct., stated he has lived there for 20 years and had
no trouble until about two years ago. He agreed with Public Works
Director Junker in extending the forcemain all the way to Olive St.
Sue Jacoby, 2306 Fairmeadows Rd., asked how long it has been since the
sewer was cleaned out and stated she has had five backups in eight years.
She thinks the sewer should be cleaned at least twice a year and the root
cutter needs to be used.
Sandy Hudson, 2304 Fairmeadows Rd., stated she does not want the lift
station dumping into her line and the roots will still have to be removed.
She further stated the City has to do something to protect the homeowners
and wants documentation as to when the system is cleaned.
Motion by Council member Bodlovick, seconded by Councilmember Kimble to adopt
the appropriate resolution ordering a Feasibility Study for the Fairmeadows
sewer problem; and directing the City Engineer to take the necessary action to
clean out the sewer line. (Resolution No. 8367)
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Ayes - Councilmember Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
A short discussion followed regarding a back-flow preventer -- Vern Wille
stated it helped him, but John Harri, 301 Laurie Ct., stated it did not
help in his residence.
Dan Cunningham, 302 Laurie Ct., stated he would like to have someone from
the City make sure the pipe is cleaned out in the right spot.
The residents inquired about the bills they incurred for the cleaning of
their homes and City Coordinator Kriesel informed them to get the bills to
the City Office so they can be turned over to the insurance company.
Motion by Councilmember Kimble, seconded by Council member Bodlovick directing
City Staff to send notification to the homeowners in the Fairmeadows area, who
have roots from their sewer services projecting into the main pipe, to have
these roots removed or the City will have it done and assess the costs to the
homeowner. (All in favor).
1. Parks & Recreation (Continued)
Construction of Permanent Hockey Rink at Northland Park
Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve
the cost of $3,500 from park dedication funds for materials to construct a
permanent hockey rink in Northland Park. (All in favor).
Community Development Director -
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Sti 11 water Ci ty Council i nutes
Regular Meeting
October 2, 1990
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Building Official.s
Mr. Zepper state he
Main St., before it as constructed and was
physical layout. Co ncil further discussed the process for building
inspections and sugg sted a file be started for every single case where
inspections are docu ented.
5. Public Works Directo
Sewer Pro em - Four h and Hickory Streets
Mr. Junker stated th re 1S a problem 1n this area. Mr. Moore stated the
clay pipe has been e posed again. Further discussion followed. Staff
stated a feasibility study has been done for this area. Mr. Moore will
locate it and presen it to Council.
4.
INDIVIDUALS & DELEGATION
Request to Excavate
Motion y CounC1lmember
City Staff review the re
extraction on the ravine
the Public Works Dept. a
(Continued)
n-the Ravines
phe1m, secon ed by Councilmember Kimble to have the
uest of David Labno for minor excavation and
at the corner of Wilkins and Fourth St. and to keep
prised. (All in favor).
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RECESS
Motion by Councilmember
the meeting at 5:53 P.M.
imble, seconded by Councilmember Bodlovick to recess
(All in favor).
MAYOR
ATTEST:
CITY CL RK
Resolutions:
No. 8366 - Employing Per onnel at Lily Lake Ice Arena.
No. 8367 - Ordering Feas bility Study for Fairmeadows Sewer Line.
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RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
October 2, 1990
7:00 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
Consulting Engineer Moore
Comm. Dev. Director Russell
Planning Comm. Chair Fontaine
Public Safety Director Mawhorter
City Clerk Johnson
Pre s s :
Julie Kink, St.Croix Valley Press
Mike Marsnik, Stillwater Gazette
Other$ :
Harry Peterson, Glenn Rose, Larry Rose, Jeff Knowles, Ken
Fritsche, Dick Kilty, Bob Mike, Joe Schmotter, Howard
Lieberman, Charlie Hooley, Pat Norman, Thomas Odell.
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APPROVAL OF MINUTES -
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve
the minutes of the Regular & Recessed Meetings of September 4 and Special &
Regular Meetings of September 18, 1990 as presented. (All in favor).
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
1. Jeff Knowles - Stillwater American Legion Post No. 48, Presentation to
City.
Jeff Knowles, representing Stillwater American Legion Post No. 48,
presented a check in the amount of $1,606.00 for maintenance and equipment
of the parks. Council acknowledged receipt of the donation wir.h special
thanks.
PUBLIC HEARINGS
1. This is the day and time for the continuation of the Board of Appeal
Hearing to a Uniform Fire Code Violation for Quality Auto Body and Boat,
501 No. Main St., Stillwater, Mn., Patrick Kohoutek.
Mayor Abrahamson announced that an agreement has been reached with Patrick
Kohoutek, Quality Auto Body and Boat, 501 No. Main St., by correcting the
fire code violations at the above address and the Board of Appeal hearing
. is now closed. Mayor Abrahamson announced that Mr. Kohoutek's
establishment is now open for business.
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Sti 11 water Ci ty Council i nutes
Recessed Meeting
October 2, 1990
2. This is the day and ime for the Assessment Hearing for L.I. 256,
Installation of Temp rary Lift Station and Sanitary Sewer Service and
Appurtenances for th Cottages of Stillwater.
Notice of the he ring was published in The Courier on September 6 and
13, 1990 and mailed 0 affected property owners.
Consulting Engineer oore explained the project consists of a temporary
lift station and tern orary force main and permanent gravity sewer for a
total cost of $150,4 9.01. The assessment per acre is $7,829.81. Nobody
was in the audience 0 be heard on this assessment. Mayor Abrahamson
closed the public he ring.
Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt
the appropriate resoluti n accepting the assessment roll for L.I. 256,
Installation of Temporar Lift Station and Sanitary Sewer Service and
Appurtenances for the Co tages of Stillwater. (Resolution No. 8368)
Ayes - Council members Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
3. This is the day and ime for the Public Hearing to consider a
Resubdivision of two lots of approximately 8,105 and 13,800 sq. ft. into
two lots of approxim tely 8,905 and 13,000 sq. ft. located at 813 No.
Everett St. in the R , Two-Family Residential Dist., Herman & Shirley
Duckworth, applicant. Case No. SUB/90-51
Notice of the h aring was published in The Courier on September 20,
1990 and mailed to a fected property owners.
Mr. Russell explaine this is a resubdivision of two lots by adding eight
feet from one lot to the other in order to plant trees and bushes.
Planning Commission hair Fontaine stated this request was approved by the
Commission. Mayor A rahamson closed the public hearing.
Motion by Councilmember arrell, seconded by Councilmernber Bodlovick to
approve a Resubdivision f two lots of approximately 8,105 and 13,800 sq. ft.
into two lots of approxi ately 8,905 and 13,000 sq. ft. located at 813 No.
Everett St. in the RB, To-Family Residential Dist., as conditioned, Herman &
Shirley Duckworth, appli ants. Case No. SUB/90-51. (All in favor.)
4. This is the day and ime for the Public Hearing to consider a Special Use
Permit for the placel ent of a permanent forty sq. ft. sign at St. Croix
Catholic School, 621 So. Third St., in the RCM, Medium Density Residential
Dist., Robert Mike, rincipal, applicant. Case No. SUP/90-52.
Notice of the he ring was publ ished in The Courier on Septenber 20,
1990 and mailed to a fected property owners.
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Stillwater City Council Minutes
Recessed Meeting
October 2, 1990
Mr. Russell explained this application is to place a 40 sq. ft. sign on
the south side of St. Croix Catholic School, on Willard St. They have
already been granted a temporary sign permit. The school is in a
residential area, but does not impact the neighborhood. Mr. Fontaine
stated the Planning Commission approved the request. Mr. Mike explained
this was a loose change project by the children from the previous school
year. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve
a Special Use Permit for the placement of a permanent forty sq. ft. sign at
St. Croix Catholic School, 621 So. Third St., in the RCM, Medium Density
Residential Dist., as conditioned, Robert Mike, Principal, applicant. Case
No. SUP/90-52. (All in favor).
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5. This is the day and time for the Public Hearing to consider a Variance to
the sideyard setback requirements (five ft. required, two ft. requested)
for the construction of a 72 sq. ft. garage at 617 W. Olive St. in the RB,
Two-Family Residential Dist., Joe & Barbara Schmotter, applicants. Case
No. V/90-55
Notice of the hearing was published in The Courier on September 20,
199U and mailed to affected property owners.
Mr. Russell explained that the applicants wish to construct a two-stall
garage to accommodate the duplex use on the property. The neighbor stated
concerns regarding any commercial activity going on in the garage,
therefore, a condition was added addressing this point. Mr. Schmotter
assured the Council there would be no commercial activities. Mayor
Abrahamson closed the public hearing.
Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve
a Variance to the sideyard setback requirements (five ft. required, two ft.
requested) for the construction of a 72 sq. ft. garage at 617 W. Olive St. in
the RB, Two-Family Residential Dist., as conditioned, Joe & Barbara Schmotter,
applicants. Case No. V/90-55. (All in favor).
6. This is tne day and time for the Public Hearing to consider a Variance to
the 20,000 sq. ft. lot size requirement for the placement of a septic
system on an existing lot at 1911 No. Second St. in the RB, Single-Family
Residential Dist., Jon Lentz, applicant. Case No. V-90-56
Notice of the hearing was published in The Courier on September 20,
1990 and mailed to affected property owners.
Mr. Russell stated this request is to construct a small single family
tlOuse with an on-site sewer system which requires 20,000 sq. ft. This lot
does not have City services in the area and a new home on this site will
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Stillwater City Council inutes
Recessed Meeting
October 2, 1990
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improve this particu ar area of Stillwater. The Planning Commission
approved the request Mayor Abrahamson closed the public hearing.
Motion by Councilmember
approve a Variance to th
placement of a septic sy
RB, Single-Family Reside
Case No. V-gO-56. (All
odlovick, seconded by Councilmember Farrell to
20,UOO sq. ft. lot size requirement for tne
tern on an existing lot at 1911 No. Second St. in the
tial Dist., as conditioned, Jon Lentz, applicant.
n favor).
7. This is the day and ime for the Public Hearing to consider a Special Use
Permit for the place lent of an overflow 54 space parking lot on Greeley
St. for Lakeview Mem rial Hospital and St. Croix Valley Clinic at 919 W.
Anderson St. in the B, Two-Family Residential Dist., Gary W. Moody,
applicant. Case No. UP/90-54
Notice of the he ring was published in The Courier on September 20,
1990 and mailed to a fected property owners.
Mr. Russell explaine the request is for a temporary parking lot which was
started before the a plication was filed. They are doing a master plan
for the site and hav had parking problems on Anderson St. City Staff
have met with the ap licants in regard to providing a drainage plan. They
will return within 0 e year with a master plan for future development in
that area. Mr. Font ine stated the Planning Commission approved the plan. 4It
Howard Lieberman, 91 So. Greeley St., stated concerns regarding the fact
that the project was started before a permit was received. Mr. Russell
stated he notified t' e Hospital about the need for a permit when it was
discovered what they were doing.
Mr. Russell added th t the Hospital would like to put in a chain link
fence which would be satisfactory if wood slats were added. Mayor
Abrahamson closed th public hearing.
Motion by Councilmember imble, seconded by Councilmember Bodlovick to approve
a Special Use Permit for the placement of an overflow 54 space parking lot on
Greeley St. for Lakeview Memorial Hospital and St. Croix Valley Clinic at 919
W. Anderson St. in the R , Two-Family Residential Dist., as conditioned with
the exception that a cha n link fence with wood strips shall be allowed to
replace a six-ft. solid oard cedar fence along the north parking lot property
line, Gary W. Moody, app icant. Case No. SUP/90-54. (All in favor.)
8. This is the day and ime for the Public Hearing to consider a Final Plat
Approval for Phase I Forest Ridge Add., including 18 zero lot line duplex
lots in the RB, Two- amily Residential Dist., Lawrence Rose, applicant.
Case No. SUB/90-58
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Stillwater City Council Minutes
Recessed Meeting
October 2, 1990
Notice of the hearing was published in The Courier on September 20,
1990 and mailed to affected property owners.
Mr. Russell explained the request is for a final plat sUbdivision for 19
lots of the original 42. Final Plat and PUD was received by the applicant
but was never recorded. The project is the san~ and includes the
utilities and streets. This will require the property owner to the west
to agree to this platting because he would like to have access to his lots.
Mr. Fontaine stated the request was approved by the Planning Commission.
Larry Rose, of Rose Floral, stated they need to turn that property over.
They don't want to be in the development business. He agreed to all the
conditions. Mayor Abrahamson closed the public hearing.
Motion by Council member Opheim, seconded by Councilmember Bodlovick to adopt
the appropriate resolution approving a Final Plat Approval for Phase I, Forest
Ridge Add., including 18 zero lot line duplex lots in the RB, Two-Family
Residential Dist., as conditioned, Lawrence Rose, applicant. Case No.
SUB/90-58. (Resolution No. 8369)
Ayes - Council members Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
9. This is the day and time for the Public Hearing to consider a Final
approval for Phase I, Forest Ridge Add., an 18 lot Planned Unit
Development (a part of the previously approved 42 lot subdivision) in the
RB, Two-Family Residential Dist., Lawrence Rose, applicant. Case No.
PUD/90-57
Notice of the hearing was published in The Courier on September 20,
1990 and mailed to affected property owners.
Mr. Russell explained the application is for the same site as in the
previous application. He stated it is important for the City to make sure
that the overall project building design and improvements are coordinated,
especially the drainage/grading and building design and that the building
will conform with setbacks in the final plat. The Planning Co~nission
approved the request.
Larry Rose stated the same builder will be used as the one who constructea
tne project on Croixwood Blvd. and County Road 5. Mayor Abrahamson closed
the public hearing.
Motion by Councilmember Kimble, seconded oy Council member Opheim to give Final
approval for Phase I, Forest Ridge Add., an 10 lot Planned Unit Development (a
part of the previously approved 42 lot subdivision) in the RB, Two-Family
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Stillwater City Council inutes
Recessed Meeting
October 2, 1990
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Residential Dist., as co ditioned, Lawrence Rose, applicant. Case No.
PUD/90-57. (All in favo ).
10. This is the day and ime for the Public Hearing to consider Variances to
the east & west side ard setback requiren~nts (ten ft. required, six ft.
proposed) for an 89 tall parking lot and number of signs allowed (one
allowed, four propos d) located east of Kangaroo Storage on Highway 36
Frontage Rd. in the P-C Business Pk. Commercial Dist., Paul Pink and
Assoc., Inc. Case No V/90-53
Notice of the he ring was published in The Courier on September 20,
1990 and mailed to a fected property owners.
Mr. Russell explaine the application is for a restaurant use of 5,640 sq.
ft. space. A varian e is required because the side parking area does not
meet the setbacks. here is a nice landscape plan for buffer from other
properties. Mr. Fon aine stated the Planning Commission approved the
request. The sign 0 dinance allows one sign and the applicant is
requesting two signs with a trade-off that the free-standing sign will be
reduced in height an size. Mr. Fontaine stated the Planning Commission
approved the request witt! two signs because the competition has similar
signage.
Pat Norman, represen ing Baker1s Square, was present to answer questions. ...
Mayor Abrahamson clo ed the public hearing. ...
Motion by Councilmember pheim, seconded by Councilmember Bodlovick to approve
Variances to the east & est sideyard setback requirements (ten ft. required,
six ft. proposed) for an 89 stall parking lot and number of "signs allowed (two
allowed, four proposed) located east of Kangaroo Storage on Highway 36
Frontage Rd. in the BP-C Business Pk. Commercial Dist., as conditioned, Paul
Pink and Assoc., Inc. Ca e No. V/90-53. (All in favor).
11. This is the day and ime for the Public Hearing to consider a Special Use
Permit to conduct a mall office business out of a residential home at
2527 Interlachen Dr. in the RA, Single-Family Residential Dist., Tnomas &
Debbie Odell, applic nts. Case No. SUP/90-59
Notice of the hearing was published in The Courier on September 20,
1990 and mailed to a fected property owners.
Mr. Russell reported that this request is for a home occupation in a
residential area. T e applicant has one employee and there is parking on
site for this individual. The permit would run a maximum of two years and
will be reviewed in hree months by the Planning Commission. Mr. Russell
discovered this situation through a complaint. Neighbors are concerned
because of the extra traffic being generated.
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Stillwater City Council Minutes
Recessed Meeting
October 2, 1990
Mr. Odell assured the Council they are now abiding by the conditions
listed. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a
Special Use Permit to conduct a small office business out of a residential
home at 2527 Interlachen Dr. in the RA, Single-Family Residential Dist., as
conditioned, Thomas & Debbie Odell, applicants. Case No. SUP/90-59. (All in
favor) .
Council recessed for ten minutes and reconvened at 8:15 P.M.
INDIVIDUALS & DELEGATIONS (Continued)
Red Ribbon Campaign
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble, to adopt
the appropriate resolution No. 8372, in support of the Washington County Human
Services Red Ribbon Campaign for Drug Free Youth.
(Resolution No. 8372)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
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Charles Hooley's Comments Regarding Public Hearing Case No.7, Expansion
of Lakeview Memorial Hospital Parking Lot, Case No. SUP/90-54.
Mr. Charles Hooley presented concerns regarding the screening of the
parking lot expansion for the Lakeview Memorial Hospital, Case No.
SUP/90-54, No.7 on the Agenda. He also stated tne Hospital began the
project before receiving approval and thinks that is unfair to everyone
else. Mr. Russell explained this came to our attention after it was
started and the Hospital complied after they were notified. Further
discussion followed regarding the type of screening tnat should be used.
Motion by Councilmember Kimble, seconded by Councilmerooer Bodlovick directing
the Community Dev. Director to meet with Hospital administrative staff and
neighbors to develop a screening/buffer plan for Hospital parking lot
expansion for presentation to Council. (All in favor).
Council directed Staff to notify the Hospital to include their neighbors
from the start of any project in buffering or anything that might affect
the neighborhood. Mr. Russell noted that the neighbors could also notify
the Hospital Board of Directors.
UNFINISHED BUSINESS
1. Possible second reading of Ordinance adopting new Building Code.
The second reading of the Ordinance adopting the new BUlldlng Code was
tabled until a later date.
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Stillwater City Council inutes
Recessed Meeting
October 2, 1990
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2.
Final Approval - A
Clty Attorney Magnus
surrounded and Ms. B
taxing district whic
the points of the ag
eement with Maxine Benson.
n explalne that thlS parcel of land is completely
nson has agreed to her land being placed in a rural
is more beneficial to her. He further enumerated
eement.
Motion by Councilmember imble, seconded by Councilmember Bodlovick to adopt
the appropriate resoluti n approving the agreement with Maxine Benson,
relating to annexation 0 the Benson Farm, and authorizing the Mayor and Clerk
to sign. (Resolution No 8373)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
3. Update on Downtown A tion Committee Activity..
Mr. Russel presente an update on the Downtown Action Committee
activities as they r late to downtown improvements such as selection of
paver type and light pole design. Plans will be submitted to Mn!DOT on
October 15 and Counc 1 will receive plans and specs on January 15, 1991
with construction to be completed by November 15, 1991.
Discussion of New Br d e Location
D1Scusslon ensue re ar lng the ept. of Interior letter as it pertains to 4It
the new bridge locat on. Consulting Engineer Moore stated Mn/DOT has been
directed to explore he IINo Buildll option. Councilmember Opheim suggested
the Council should g t very IIvocalll regarding their opinion on the bridge.
. .
Dick Kilty, 118 W. 0 k St., added that Mn/DOT stated they only wanted one
crossing and tne old bridge should be torn down. Council pointed out that
Mn/DOT has changed t eir thinking on this.
Motion by Councilmember pheim, seconded by Councilmember Farrell to authorize
Staff to draft a letter 0 start the congressional process and question why
the U.S. Dept. of the In erior made no comment on the historic aspects of the
old Stillwater/Houlton Rver Bridge. (All in favor).
Mr. Kilty asked Mr. oore what Mn/DOT is recommending for Highway 95 and
Mr. Moore replied th y would like to reconstruct Main St. entirely.
NEW BUSINESS
1. Resolution calling f r a Public Hearing on a Pro osed Modification of the
Develo ment Program or Develo ment Dlstrlct No. y a ding 1. acres to
the Deve 0 ment Dlst lCt.
City Attorney Magnus n explained that the City does not need to adopt a
resolution adding th Zephyr property to the City's Tax Increment plan
because it is alread in place.
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Stillwater City Council Minutes
Recessed Meeting
October 2, 1990
CONSENT AGENDA
Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve
the Consent Agenda of October 2, 1990, including the following: (All in
favor) .
1. Resolution Directing Payment of Bills (Resolution No. 8365).
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
2. Contractor's Licenses.
Craftsman Builders
920 No. Everett St.
Stillwater, Mn. 55082
General Contractor
New
Tectone Construction
2422 Como Ave.
St. Paul, Mn. 55108
General Contractor
New
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3. Taxi License for Valley Chauffeurs (Ray Francis, applicant).
COUNCIL REQUEST ITEMS - None
COMMUNICATIONS/FYI
1. Request from Downtown Council for financial help for Lowell Park concerts.
Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize
a donation to the Stillwater Downtown Council in the amount of $716.50, the
remainder of the funds pledged to them after payment for pol ice services for
the August concerts in Lowell Park. (All in favor).
2. Jim Huntsman - request regarding parking lot north of Jr. High School and
various traffic control recommendations.
Mr. Kriesel reported the School District stated they will clean up tne
parking lot, but not blacktop it. They will meet with the City Staff
regarding plans for blacktopping the parking lot to the north of the Jr.
High west wing. Also, the School Dist. will be requested to clean up the
brush on the corner of 4th and Oak Streets.
3. Audit Report from Joint Cable Communications Commission.
Council received the report. No action was taken.
4. Thank you from LMC Board for hosting LMC Regional Meeting.
Council received the letter. No action taken.
STAFF REPORTS (continued)
City Coordinator -
Adoption of Assessment Rolls for Various Improvements
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Stillwater City Council. inutes
Recessed Meeting
October 2, 1990
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Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt
the appropriate resoluti n adopting the assessment roll for rubbish & weed
removal at 1014 Ramsey S ., 410 No. 4th St., and 610 W. 01 ive St. (Resolution
No. 8374)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember arrell, seconded by Councilmember Bodlovick, to adopt
the appropriate resoluti n adopting the assessment roll for SAC charges for
PID No. 9033-2396. (Res lution NO. 8375)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember I imble, seconded by Councilmember Farrell to adopt
the appropri ate reso 1 uti n adopti ng the assessment ro 11 for 2803 Interl achen
Dr. (Resolution No. 837 )
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmerooer pheim, seconded by Councilmember Farrell to adopt e
the appropriate resoluti n adopting the assessment roll for the Lily Lake Weed
removal. (Resolution No 8377)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt
the appropriate resoluti n adopting the assessment roll for the sewer project
at 2800 Wildpines Lane. (Resolution No. 8378)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember arrell, seconded by Councilmember Kimble to adopt
the appropriate resoluti n adopting the assessment roll for miscellaneous
sewer/SAC charges at 201 Schulenberg Alley. (Resolution No. 8379)
Ayes - Councilmembers Bo lovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt
the appropriate resoluti n adopting the assessment roll for demolition of the
Old Baptist Church at 4t & Pine Streets. (Resolution No. 8380)
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Stillwater City Council Minutes
Recessed Meeting
October 2, 1990
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abranamson.
Nays - None
Call from Jim Gannon retarding Parking at Owens & Laurel Streets
Motion by Councilmenner Bod ovick, seconded by Councilmember Opheim directing
Public Safety Director Mawhorter to n~et with Jim Gannon of Gannon's Auto Body
at Owens and laurel Streets to resolve the problem regarding parking on that
corner. (All in favor).
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Claim for Damaged Clothing at Lily lake Park, J. Chavez
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to
authorize payment for damaged clothing from paint on the bleachers at lily
lake Park. (All in favor).
Appraisal Reports on Pro~erty at 1218 So. 2nd St. & 410 No. 4th St.
These reports were distrlbuted and explained by City Attorney Magnuson for
these two "nuisance" homes. He \'Iill prepare a report on these two houses
for the next Council meeting.
letter from Senator Durenberger regarding MTM train
Council stated they do not want to be involved in this dispute and
suggested the letter be sent to the Minnesota Zephyr and the Minn.
Transportation Museum. Mr. Kriesel statea he will reply to Senator
Durenberger stating the City is aware of the complaints, have worKed
consistently with both trains to alleviate problems and the City has no
jurisdiction in this matter.
City C 1 e rk -
Garbage Waiver - Case No. 16-317
Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve
the Waiver for garbage and rubbish removal, Case No. 16-317. (All in favor).
Fall Municipals Meeting
Motion by Councilmember Farrell, seconded by Councilmember Kimble to authorize
the attendance of approximately eight City Staff at a Municipals Meeting in
Bloomington on Oct. 25, 1990. (All in favor).
Gambling Permit - Chamber of Commerce
Motion by Councilmember Opheim, seconded by Councilmember Bodlovick, to
approve the Gamb 1 i ng Li cense and wa i ve the thi rty day wa iti ng peri od for the
Chamber of Commerce at Oak Glen on Oct. 20, 1990. (All in favor).
Comm. Dev. Director -
Special Council Meeting, 4:30 P.M., Oct. 16, 1990
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Stillwater City Council inutes
Recessed Meeting
October 2, 1990
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Council set a Specia Meeting at 4:30 P.M. on October 16, 1990 to discuss
purchase of railroad land and a TIF request for the Industrial Park.
Public Works Directo - No report.
City Attorney -
Cable Commission Law uit
Motion by Counci1member pheim, seconded by Council member Kimble to authorize
City Attorney Magnuson t investigate whether the other cities in tile Joint
Cable Commission would c operate on the lawsuit and name Mr. Mark J. Ayotte,
of Briggs & Morgan, as 1 gal counsel in order to identify and share costs
three ways. (Ayes - 4; ays - 0; Abstain - 1, Counci1member Farrell).
ADJOURNMENT
Motion by Counci1member arrell, seconded by Counci1member Bodlovick, to
adjourn the meeting at 9 35 P.M. (All in favor).
MAYOR
ATTEST:
Resolutions:
- Directing Pay ent of Bills.
- Accepting Ass ssment Roll for L.I. 256.
- Approved Fina Plat, Phase I, Forest Ridge Addition.
- Supporting Wa h. Co. HSI Red Ribbon Event.
- Maxine Benson Agreement.
- Adopt Assessm nt Roll - Person, Simms, Gould Nuisance Houses.
- Adopt Assessm nt Roll - GDS & Assoc. SAC Charge.
- Adopt Assessm nt Roll - Pizinger Utility Repairs.
- Adopt Assessm nt Roll - Lily Lake Weed Removal.
- Adopt Assessm nt Roll - Hill Sewer Service, Wi1dpines Lane.
- Adopt Assessm nt Roll - Water Line Repair, Foster - Schulenberg
Alley.
- Adopt Assessm nt Roll - Demolition of Property, 500 No. 4ttl St.
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No. 8365
No. 8368
No. 8369
No. 8372
No. 8373
No. 8374
No. 8375
No. 8376
No. 8377
No. 8378
No. 8379
No. 8380
12
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CERTIFICATION OF MINUTES RELATING TO
$1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY BONDS,
SERIES 1990A
Issuer:
City of Stillwater, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A meeting held
Tuesday, October 16, 1990, at _ o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
",.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $1,350,000 GENERAL OBLIGATION CAPITAL
OUTLAY BONDS, SERIES 1990A
I, the undersigned, being the dilly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this day
of October, 1990.
Mary Lou Johnson
Its City Clerk
The City Cler presented to the Council affidavits of publication of a
notice of sale of $1,350,000 eneral Obligation Capital Outlay Bonds, Series 1990A,
published in the official ne spaper of the City and in Northwestern Financial
Review, for which sealed bi s were to be received and considered at this meeting in
accordance with the resolu on adopted by the City Council on September 18, 1990.
The affidavits of publicatio were examined, found satisfactory and directed to be
placed on file in the office 0 the City Clerk.
The City Clerk then announced that
sealed bids had
been received pursuant to t e notice of sale, which bids had been opened, read and
tabulated, and the highest a d best bid of each bidder was found to be as follows:
Name of Bidder
Interest
Rates
Total Interest Cost
-Net Average Rate
S e attached bid tabulation
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Councilmember
then introduced the
following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,350,000 GENERAL OBLIGATION CAPITAL OUTLAY
BONDS, SERIES 1990A
BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota (the City), as follows:
Section 1. Authorization and Sale.
(a) The City Council, by resolution adopted September 18, 1990,
authorized the issuance and public sale of $1,350,000 General Obligation Capital
Outlay Bonds, Series 1990A (the Bonds), of the City to finance various capital outlay
projects in the City for 1990 and 1991 as set forth on Exhibit A attached hereto. Said.
Resolution is incorporated herein by reference and made a part hereof.
(b) Notice of sale of the Bonds has been duly published, and the
Council, having examined and considered all bids received pursuant to the
published notice, does hereby find and determine that the most favorable bid
received is that of , of
, and associates, to purchase the Bonds at a price of $
plus accrued interest on all Bonds to the day of delivery and payment, on the further
terms and conditions hereinafter set forth.
(c) The sale of the Bonds is hereby awarded to said bidder, and the
Mayor and City Clerk are hereby authorized and directed on behalf of the City to
execute a contract for the sale of the Bonds in accordance with the terms of said bid.
The good faith check of the successful bidder shall be retained and deposited by the
Finance Director. The good faith checks of other bidders shall be returned to them
forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Maturities: Interest Rates; Denominations; Payment. The Bonds
shall be designated General Obligation Capital Outlay Bonds, Series 1990A, shall be
originally dated as of November 1, 1990, shall be in the denomination of $5,000 each,
or any integral multiple thereof, shall mature on February 1 in the respective years
and amounts stated below, and shall bear interest from date of issue until paid or
duly called for redemption at the respective annual rates set forth opposite such
years and amounts, as follows:
Amoun t Year Rate e
$ 50,000 1993 %
50,000 1994
100,000 1995
150,000 1996
300,000 1997
350,000 1998
350,000 1999
The Bonds sh I be issuable only in fully registered form. The interest
thereon and, upon surren r of each Bond, the principal amount thereof, shall be
payable by check or draft i sued by the Registrar described herein. The Bonds of this
series shall be combined w th the City's outstanding General Obligation Capital
Outlay Bonds, Series 1988 ,dated June 1, 1988, for purposes of complying with the
maturity limitations of Sec ion 475.54.
2.02. Dates' I terest Pa ment Dates. Each Bond shall be dated as of the
last interest payment date receding the date of authentication to which interest on
the Bond has been paid or ade available for payment, unless (i) the date of
authentication is an interes payment date to which interest has been paid or made
available for payment, in hich case such Bond shall be dated as of the date of e
authentication, or (ii) the d te of authentication is prior to August 1, 1991, in which
case such Bond shall be da ed as of November 1, 1990. The interest on the Bonds
shall be payable on Februa y 1 and August 1 in each year, commencing August 1,
1991, to the owner of recor thereof as of the close of business on the fifteenth day of
the immediately preceding month, whether or not such day is a business day.
2.03. Re istra ion. The City shall appoint, and shall maintain, a bond
registrar, transfer agent an paying agent (the Registrar). The effect of registration
and the rights and duties 0 the City and the Registrar with respect thereto shall be as
follows:
(a) Register. e Registrar shall keep at its principal corporate trust
office a bond registe in which the Registrar shall provide for the registration
of ownership of Bon s and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer f Bonds. Upon surrender for transfer of any Bond duly
endorsed by the regi tered owner thereof or accompanied by a written
instrument of transf r, in form satisfactory to the Registrar, duly executed by
the registered owne thereof or by an attorney duly authorized by the
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registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such" interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
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(f) Persons Deemed Owners. The City and the Registrar may treat the
person in whose name any Bond is at any time registered in the bond register
as the absolute owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of receiving payment of, or on account of, the principal of
and interest on such Bond and for all other purposes, and all such payments
so made to any such registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the
exten t of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any such Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
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connection therewit ; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that such Bond
was destroyed, stole or lost, and of the ownership thereof, and upon
furnishing to the Re 'strar of an appropriate bond or indemnity in form,
substance and amou t satisfactory to it, in which both the City and the
Registrar shall be n ed as obligees. All Bonds so surrendered to the
Registrar shall be c celled by it and evidence of such cancellation shall be
given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured it shall not e necessary to issue a new Bond prior to payment.
2.04. A oint ent of Initial Re istrar. The City hereby appoints
, , ' as the initial Registrar.
The Mayor and the City CI rk are authorized to execute and deliver, on behalf of the
City, a contract with said gistrar. Upon merger or consolidation of the Registrar
with another corporation, i the resulting corporation is a bank or trust company
authorized by law to cond ct such business, such corporation shall be authorized to
act as successor Registrar. e City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to
remove the Registrar upon thirty (30) days notice and upon the appointment of a
successor Registrar, in whi h event the predecessor Registrar shall deliver all cash
and Bonds in its possessio to the successor Registrar and shall deliver the bond
register to the successor Re istrar.
2.05. Executi n Authentication and Deliver. The Bonds shall be
prepared under the directi n of the City Clerk and shall be executed on behalf of the
City by the signatures of th Mayor and the City Clerk, provided that all signatures
may be printed, engraved r lithographed facsimiles of the originals. In case any
officer whose signature or facsimile of whose signature shall appear on the Bonds
shall cease to be such offic r before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office un I delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unle s and until a certificate of authentication on such Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates f authentication on different Bonds need not be signed by
the same representative. e executed certificate of authentication on each Bond
shall be conclusive eviden e that it has been authenticated and delivered under this
Resolution. When the Bon s have been so prepared, executed and authenticated,
the Finance Director shall eliver the same to the purchaser thereof upon payment
of the purchase price in ac ordance with the contract of sale heretofore made and
executed, and said purchas r shall not be obligated to see to the application of the
purchase price.
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2.06. Redemption. Bonds maturing in the years 1993 through 1997
shall not be subject to redemption prior to maturity, but Bonds maturing in the
years 1998 and 1999 shall be subject to redemption and prepayment at the option of
the City, in whole or in part, in such order as the City shall determine and within a
maturity by lot as selected by the Registrar in multiples of $5,000, on February 1, 1997,
and on any date thereafter, at a price equal to the principal amount thereof and
accrued interest to the date of redemption. The City Clerk shall cause notice of the
call for redemption thereof to be published as required by law, and, at least thirty
days prior to the designated redemption date, shall cause notice of the call thereof
for redemption to be mailed, by first class mail, to the registered owners of any
Bonds to be redeemed at their addresses as they appear on the bond register
described in Section 2.03 hereof. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the Issuer shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest.
Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
2.07. Form of Bonds. The Bonds shall be printed in substantially the
following form:
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Face of the Bonds]
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ITED STATES OF AMERICA
STATE OF MINNESOTA
OUNTY OF WASHINGTON
CITY OF STILLWATER
GENERAL OBLIG TION CAPITAL OUTLAY BOND, SERIES 1990A
Rate
,Maturity
Registered Owner:
Principal Amount:
Date of
Original Issue
CUSIP
November 1, 1990
Dollars
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KNOW ALL ERSONS BY THESE PRESENTS that the City of
Stillwater, a duly organize and existing municipal corporation of Washington
County, Minnesota (the Ci ), acknowledges itself to be indebted and for value
received hereby promises t pay to the registered owner specified above, or
registered assigns, the prin 'pal sum specified above on the maturity date specified
above, or earlier designate redemption date, with interest thereon from the date
hereof at the annual rate s ecified above, payable on February 1 and August 1 in
each year, commencing A gust 1, 1991, to the person in whose name this Bond is
registered at the close of b siness on the 15th day (whether or not a business day) of
the immediately precedin month. The interest hereon and, upon presentation and
surrender hereof, the princ'pal hereof are payable in lawful money of the United
States of America by check r draft by , m
, as Bond Registrar and Paying Agent,
or its designated successor under the Resolution described herein. For the prompt
and full payment of such rincipal and interest as the same respectively become
due, the full faith and cred t and taxing powers of the City have been and are hereby
irrevocably pledged.
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Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth in this place.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Bond Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Stillwater, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile signatures
of the Mayor and City Clerk and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF STILL WATER, MINNESOTA
(facsimile)
Mayor
'.
Attest:
(facsimile)
City Clerk
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
By
Authorized Representative
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[Reverse of the Bonds]
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This Bond is ne of a series'in the aggregate principal
amount of $1,350,000, all 0 like date and tenor, except as to maturity date, interest
rate, denomination and re emption privilege, issued for the purpose of financing
various capital projects wit 'n the City, and is issued pursuant to and in full
conformity with the Const tution and laws of the State of Minnesota thereunto
enabling, including Minne ota Statutes, Chapter 475, and pursuant to the City
Charter of the City and res lutions duly adopted by the City Council, including an
authorizing resolution of t e City Council adopted October 16, 1990 (the Resolution).
The Bonds of this series ar issuable only as fully registered bonds, in
denominations of $5,000 0 any integral multiple thereof, of single maturities.
Bonds of this eries maturing in 1997 and earlier years are payable on
their respective stated ma rity dates without option of prior payment, but Bonds
having stated maturity dat sin 1998 and later years are each subject to redemption
and prepayment at the opfon of the City, in whole or in part, in such order as the
City shall determine and, ithin a maturity, by lot as selected by the Registrar in
multiples of $5,000, on Feb uary 1, 1997, and on any date thereafter, at a price equal
to the principal amount th reof plus interest accrued to the date of redemption. The.,.
City will cause notice of th call for redemption to be published as required by law
and, at least thirty days pri r to the designated redemption date, will cause notice of
the call thereof to be maile by first class mail to the registered owner of any Bond to
be redeemed at the owner' address as it appears on the bond register maintained by
the Bond Registrar, but no efect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond
not affected by such defect or failure. Official notice of redemption having been
given as aforesaid, the Bon s or portions of Bonds so to be redeemed shall, on the
redemption date, become ue and payable at the redemption price therein specified,
and from and after such d te (unless the City shall default in the payment of the
redemption price) such Bo ds or portions of Bonds shall cease to bear interest.
Upon partial redemption 0 any Bond, a new Bond or Bonds will be delivered to the
registered owner without harge, representing the remaining principal amount
outstanding.
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Bonds of this eries have been designated as "Qualified Tax-Exempt
Obligations" pursuant to S ction 265(b) of the Internal Revenue Code of 1986.
As provided i the Resolution and subject to certain limitations set
forth therein, this Bond is ansferable upon the books of the City at the principal
office of the Bond Registr by the registered owner hereof in person or by the
owner's attorney duly aut orized in writing upon surrender hereof together with a
written instrument of trans er satisfactory to the Bond Registrar, duly executed by
the registered owner or sai attorney; and may also be surrendered in exchange for
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Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the
same rate and maturing on the same date, subject to reimbursement for any tax, fee
or governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether this
Bond is overdue or not, for the purpose of receiving payment and for all other
purposes, and neither the City nor the Bond Registrar shall be affected by any notice
to the contrary.
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IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general
obligation of the City in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof
the City has levied ad valorem taxes on all taxable property in the City, which taxes.,.
will be collectible for the years and in amounts sufficient to produce sums not less
than 5% in excess of the principal of and interest on the Bonds of this series when
due, and has appropriated such taxes to the payment of such principal and interest;
that if necessary for payment of such principal and interest, additional ad valorem
taxes are required to be levied upon all taxable property in the City, without
limitation as to rate or amount; and that the issuance of this Bond does not cause
the indebtedness of the City to exceed any constitutional, charter or statutory
limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond, following a
full copy of the legal opinion)
We certify that the above is a full, true and correct copy of the legal
opinion rendered by bond counsel on the issue of Bonds of the City of Stillwater,
Minnesota, which includes the within Bond, dated as of the date of original delivery
of and payment for the Bonds.
(Facsimile Signature)
City Clerk
(Facsimile Signature)
Mayor
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The followin abbreviations, when used in the inscription on the face
of this Bond, shall be const ued as though they were written out in full according to
applicable laws or regulati ns:
TEN COM - as tenants
in common
TEN ENT -- as tenants
by entireties
JT TEN -- as joint tenan s
with right of
survivorship nd
not as tenants in
common
UTMA
(Cust)
as custodian for
(Minor)
under the
Uniform
(state)
Transfers to Minors Act
Additio al abbreviations may also be used though not in the
above li t.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the
within Bond and all rights thereunder, and does hereby irrevocably constitute and
appoint attorney to transfer the Bond on the books
kept for registration of the Bond, with full power of substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or
enlargement or any change whatever.
Signature Guaranteed:
'.
Signature(s) must be guaranteed by a commercial bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
Please insert social security
or other identifying number of
assignee:
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Section 3. Se ies 1990A Ca ital Outla Bond Debt Service Account. The
Bonds shall be payable fro a separate and special Series 1990A Capital Outlay Bond
Debt Service Account of e City (the Account), which is hereby established and
which the City agrees to aintain until the Bonds have been paid in full. If the
money in the Account sho d at any time be insufficient to pay principal and
interest due on the Bonds, such amounts shall be paid from other moneys on hand
in the General Fund or an other funds of the City that are available for that
purpose, and the General und or such other funds shall be reimbursed therefor
when sufficient money be omes available in the Account. The moneys on hand in
the Account from time to ime shall be used only to pay the principal of and interest
on the Bonds. Into the Ac ount shall be paid all Bond proceeds received from the
original purchaser in exces of $1.330,000, all taxes collected pursuant to Section 4
hereof, any excess Bond p oceeds remaining after completion of the projects
financed by the Bonds, an all other moneys appropriated thereto by the Council.
Section 4. PI d e of Taxin Powers. For the prompt and full payment
of the principal of and int rest on the Bonds as such payments respectively become
due, the full faith, credit a d unlimited taxing powers of the City shall be and are
hereby irrevocably pledge . In order to produce aggregate amounts not less than 5%,
in excess of the amounts eeded to meet when due the principal and interest
payments on the Bonds, a valorem taxes are hereby levied on all taxable property
in the City, the taxes to be levied and collected in the following years and amounts:
Levy Collection Levy Collection
Year Year Amount Year Year Amoun t
1990 1991 1994 1995
1991 1992 1995 1996
1992 1993 1996 1997
1993 1994 1997 1998
Taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,
provided that the City res rves the right and power to reduce the levies in
accordance with the provi ions of Minnesota Statutes, Section 475.61.
Section 5. D feasance. When all of the Bonds have been discharged as
provided in this section, I pledges, covenants and other rights granted by this
resolution to the h<?lders 0 the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by depositing with
the Registrar on or before hat date a sum sufficient for the payment thereof in full;
or, if any Bond should not be paid when due, it may nevertheless be discharged by
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depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also at
any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing at the holder's
option on such dates as shall be required to pay all principal and interest to become
due thereon to maturity or to an earlier designated redemption date.
Section 6. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Washington County, together with such additional information as the Auditor
shall require, and to obtain from the County Auditor a certificate that the Bonds
have been duly entered upon the Auditor's bond register and the tax required by law
has been levied.
Section 7. Authentication of Transcript. The officers of the City and
the County Auditor are hereby authorized and directed to prepare and furnish to the
purchasers of the Bonds, and to the attorneys rendering an opinion as to the legality,
thereof, certified copies of all proceedfugs and records relating to the Bonds and such
other affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds, as the same appear from the
books and records in their custody and control or as otherwise known to them, and
all such certified copies, affidavits and certificates, including any heretofore
furnished, shall be deemed representations of the City as to the correctness of all
statements contained therein.
Section 8. Tax Covenant; Arbitrage. (a) The City covenants and agrees
with the holders from time to time of the Bonds herein authorized, that it will not
take, or permit to be taken by any of its officers, employees or agents, any action
which would cause the interest payable on the Bonds to become subject to taxation
under the United States Internal Revenue Code of 1986, as amended (the Code) and
regulations issued thereunder, and that it will take, or it will cause its officers,
employees or agents to take, all affirmative actions within its powers which may be
necessary to insure that such interest will not become subject to taxation under the
Code. All projects, improvements and equipment financed by the proceeds of the
Bonds will be owned and operated by the City and used in its municipal activities.
The City will not enter into any contract, lease, use agreement, management
agreement or other arrangement relating to the property financed by the Bonds
which would cause the Bonds to be considered "private activity bonds" or " private
loan bonds" under Section 141 of the Code.
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(b) The Finan e Director shall ascertain, each time a deposit is made,
the amount on deposit in t e Account referred to in Section 3 hereof. If the amount
on deposit therein ever exc eds by more than a "minor portion" ($31,250) the
aggregate amount of princi al and interest due and payable on the Bonds through
the next following Februar 1, plus a "reasonable carryover" equal to 1/12th of the
debt service on the Bonds f r the following bond year, such excess shall either (i) not
be invested except at a yiel less than or equal to the yield on the Bonds, calculated
in accordance with Section 48 of the Code, or (ii) be used promptly to prepay and
redeem Bonds. The City r serves the right to amend the provisions of this section
at any time, whether prior 0 or after the delivery of the Bonds, if and to the extent
that this Council determine that the provisions of this section are not necessary, or
otherwise require amendm nt, in order to assure that the Bonds are not arbitrage
bonds under Section 148 of the Code and the applicable regulations.
Section 9. Arb'tra e Rebate Exem tion. It is hereby found that the City
has general taxing powers, that no Bond is a "private activity bond" within the
meaning of Section 141 of t e Code, that 95% or more of the net proceeds of the
Bonds are to be used for 10 al governmental activities of the City, and that the
aggregate face amount of a I tax-exempt obligations (other than private activity
bonds) issued by the City a d all subordinate entities thereof during the year 1990 is .
not reasonably expected to xceed $5,000,000. Therefore, pursuant to the provisions
of Section 148(f)(4)(C) of th Code, the City shall not be required to comply with the
arbitrage rebate requiremen s of paragraphs (2) and (3) of Section 148(f) of the Code.
Section 10. alified Tax-Exem t Obli ations. The City Council hereby
designates the Bonds as "q alified tax-exempt obligations" for purposes of Section
265(b)(3) of the Code relati g to the disallowance of interest expense for financial
institutions, and hereby fin s that the reasonably anticipated amount of qualified
tax-exempt obligations (wit in the meaning of Section 265(b)(3) of the Code) which
will be issued by the City d all subordinate entities during calendar year 1990 does
not exceed $10,000,000.
Passed: October 16, 1 O.
Mayor
Attest:
City Clerk
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e The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember and upon vote
being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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PLANNING APPLICATION REVIEW
CASE NO. V/90-60
Planning Commission Meeting: October 8, 1990
Project Location: 322 West Churchill Street
Comprehensive Plan District: Residential
Zoning District: R-B, Residential Duplex
Applicant's Name: Duane Arndt
Type of Application: Variance
PROJECT DESCRIPTION:
Variance to the sideyard setback requirements (thirty feet required, twelve
feet proposed).
DISCUSS ION:
The appl icant is proposing a new two stall, 686 square foot, garage replacing
an existing one stall garage. The proposed is to line up the garage with the
house approximately twelve feet from the side property line.
This would result in cars parked in front of the garage overhanging the
sidewalk. The house to the North on Sixth Street is set back at least twenty
feet from the front property line. There is room in back of the proposed
garage to set back further. It is recommended that the garage be setback
twenty feet minimum from the back of the sidewalk to accommodate pedestrians.
RECOMMENDATION:
Denial as proposed. Approval with twenty foot setback.
ATTACHMENT:
Plans.
PLANNING COMMISSION RECOMMENDATION: Denied
::. 100
Case Number Y)f~iq_-
0"
Fee Paid ___'Z~_~_______
Date Filed -r.~j/-tt~-----
-if 930 ::r- ~ / J....o
. PLANNING ADlv\lN!STRATIVE FORjlA .
Street Loco tion of Pro pe rty,_:3.3:-.Sl.l>,.LQ.t.~~\=JltlL____________
Legal Description of Properly, -b0-m-l:-1taQ~~~uJ-h,
Owner: Name __tLltJljU~__-__R~__--------------------~------- '~~--6 v'--V
, . Address t[L_LQ~_~L&~____--------- Phone3~_:5!lJ3.
.
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A60licant (if other than oWIler): Name ---------------------------------
. .
Address______________________________ Phone:~______________,
Type of Request:.
___ Rezoning
~ V'
___' anance
Signature or Applicant; _
Date of Public Hearing:
. NOTE; Sketch or proposed property and structu:::-e to be dra.wn. 1n back of t.1is iorm or a.t-
tQ.cnea., showing the following:
1. North direction.
2, Location of proposed structure on lot.
3. Dimensions or iront and side set-backs.
4. Dimensions of proposed. st~cture.
5. St:;:-eet names.
6. Location of u.dj;;.cent existing buildings.
7. Other iniormation ;;.s may be requested...
Approved ___ Denied ___ by tho .Planning Commission on ___________ (da~e)
subiec-:- to the following conditions: ____________________________________
------------------------------------------------------------------
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Approved ___ Denied ___ by the (oun cil on ________________ subiec to the
.c II' d'" '
I 0 oWing con lilons: __________:...._____________________________________
--------------~---------------------------------------------------
Commen~s: (Use other side)
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~ October 11, 1990
City Council
City of Stillwater
216 North Fourth St.
Stillwater, MN 55082
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Re: Case No V/90-60
In regard to the variance request by Duane Arndt for a variance of
twelve feet instead of the twenty feet required for the sideyard
setback for an attached garage at 322 West Churchill St. my wife
and I have no problem with it except for one thing.
We have lived in our house at 81~ So 6th St. (down from the corner
and across the street from the Arndt house) for thirty three years
and the garage that is there now is approximatley 10 feet from the
sidewalk. We very seldom use the sidewalk on that side of the
street but in the thirty three years we have lived here the present
garage has been there and we have seen many cars parked in front of
it. We have seen many people using the sidewalk and when the cars
are parked in front of the garage the people have to walk out in
the street to get around the car. This has bugged us because of
the tenants being inconsiderate to the people using the sidewalk.
We recommend that if the variance is approved a strong word of
advise be given to Arndt that blocking sidewalks is illegal and
that it should not be done.
Yours truly,
~f~~~
Mr. & Mrs. Kenneth J. Buege
81~ So. 6th St.
Stillwater, MN 55082
~39-16~1
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PLANNING APPLICATION REVIEW
CASE NO. SUB/90-48
Planning Commission Meeting:
August 13, 1990
Project Location: Northwest corner of Curve Crest Boulevard and Washington
Avenue.
Comprehensive Plan District: Industrial Park
Zoning District: BP-I
Applicant's Name: Curve Crest Properties
Type of Application: Minor Subdivision
PROJECT DESCRIPTION:
Minor subdivision to divide existing 8.7 acre lot into two lots of
approximately 2.5 acres and 6.7 acres.
DISCUSSION:
The application is to subdivide an existing 8.7 acre lot bounded by future
Curve Crest Boulevard, Washington Avenue and Orleans Street into two lots of
2.5 and 6.2 acres.
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The lot is flat with minimum grading necessary for development. Curve Crest
Boulevard West of Washington Avenue will be constructed in the future with
street and utility improvements. As a standard condition of subdivisions, a
six foot drainage easement shall be shown on the north, west and south
boundaries of the site.
The proposed lots meet the lot size requirements.
A park dedication fee of .10~ per square foot of lot area is required
according to the Park Dedication Policy.
RECOMMENDATION: Approval.
CONDITIONS OF APPROVAL:
1. Park dedication fee shall be paid before final plat approval.
2. Final plat shall be filed within six months of Council action.
3. Six foot drainage easements shall be shown on the north and west
boundaries of the 2.5 acre lot.
4. Median reduction in Washington Avenue shall be approved by the City
Engineer.
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ATTACHMENT:
Preliminary parcel map.
PLANNING COMMISSION RECOMMENDATION: Approved.
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6.
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571 / Itv ~ If.- /J/1-1V/c
{J.m/t...M7~ p1/J'j
INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS
Subdividers and -developers of commercial/industrial land, including
commercial/industrial portions of Planned Developments, shall be required
at the time the site plan is approved and building permits are issued to
dedicate to the City for park, playground and public open space purposes,
an amount of land up to 7.5 percent of the net land area within the
development as determined by the City according to the guidelines set forth
in Section 3 of this policy.
CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL
In those cases where the City does not require park or open space within
a development, the City shall require payment of fees in lieu of such land
dedication in an amount equal to $.10 per square foot of net land area,
or such amount as determined by the City Council based on the value of the
payments. Cash shall be contributed at the time of approval of each final
plat or at the time of site plan or building permit ,approval as determined
by the City.
A credit of up to 25 percent of the required dedication may be allowed by
the City Council for on-site storms ewer , water, ponding and settling basins
provided that such improvements benefit identifiable park and recreation
water resources.
The Ci ty Council, upon review and recommendation of the Parks and
Recreation Commission, may annually review and determine by resolution an
adjustment to the industrial/commercial fee based upon the City' s estimate
of the average value of undeveloped commercial/industrial land in the City.
8.
REQUIRED IMPROVEMENTS
Developers shall be responsible for making certain improvements to their
developments for park, playground and public open space purposes as
follows:
A. Provide finished grading and ground cover for all park, playground,
trail and public open spaces within their development as part of
their development contract or site plan approval responsibilities.
Landscape screening, shall be in accordance with City policy.
B. Establish park boundary corners for the purpose of erecting park
limit signs. The developer shall contact the appropriate ~arks and
Recreation Department personnel for the purpose of identifying park
property corners.
C. Provide sufficient public road access of no less than 300 feet for
neighborhood parks and additional frontage for community parks.
4
IV~
&f-L "Z-ort I~ r0'j
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ORDINANCE NO.
AN ORDINANCE RESCINDING
IP-I INDUSTRIAL PARK INDUSTRIAL ZONING DISTRICT
1. Chapter 31.01, Subdivision 22 entitled IP-I Industrial Park Industrial
District is rescinded and is hereafter enacted to read as follows:
Subdivision 22 entitled Business Park Industrial District.
(1) PURPOSE: To provide a district for light industrial and office uses.
(2) PERMITTED USES:
The following are permitted uses:
(a) limited manufacturing conducting a process, fabrication, storage or
manufacturing light materials including electronic components and
accessories.
(b) Automotive painting, upholstering, tire recapping' and major repair
when conducted completely in an enclosed building. '
(c) Research laboratories. '
(d) Business, professional and medical office services.
(e) Finance, insurance and real estate office services.
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(3) SPECIAL PERMITTED USES:
The following uses are permitted by Special Use Permit:
(a) Radio and television facilities.
(b) Printing, publishing and allied industries.
(c) General warehousing and outside storage.
(d) Outside storage (must be screened).
(e) Mini-storage. .
(f) Wholesale trade.
(g) Commercial nurseries.
(h) Retail sales of products manufactured on site so long as no more than
twenty percent of building floor area is for retail purposes.
(i) Cultural or governmental facilities (movie theatres, libraries, fire
stati ons) .
(4) USE DETERMINATION:
A Special Use Permit may be required when any other use or service
establishment determined by the Planning Commission to be the same
general character as the foregoing uses and which will not impair tile
present or potential use of adjacent properties may be permitted.
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I
e (?) "GENERAL REGULATIONS:
(a) Height of buildings:
- Maximum' 40 feet
(b) Minimum lot area 1 acre
(c) Setbacks:
- Front 40 feet
- Rear 30 feet
- Side 20 feet
- Abutting Residential District 75 feet
(d) - Lot coverage 60%
- Landscaped Area 20% of lot area.
- Front and sideyard setbacks shall be landscaped.
Adopted by Council this
day of
1990.
MAYOR
ATTEST:
,
\
CITY CLERK
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Publish:
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Case Number $JJ.(JJ1P-=-~f
, ,,-c "
.. Fee Paid ___~::.:_____ -.
D ... c-! 'd- p~ Iou
a. e. lie _ --"-Ll:.f..J..J-----
'. : ::." ..:_~~.\~.~:Eff752~t~~~:.
". . ...... ..
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li~ AC 190
. ,"''!.:';.~ -;;-- ".;.
. ....... '-'~
'-:'
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'. PLANNING ADlv\IN!STRATIVE FORJ\,\
S.~ ... L . " P .... Northwest corner Washinaton Ave. & Curve Crest -Blvd.
I' eel ocatlon or roper.y. _________:.-___________:.ol___________________
L 1 0 0 '.... .:. p e r"'y' OUtlot A
egG osCnpllOri o. rop I. ----------------------------------------
Owner: Ncrn8 __~~-c5~~.!:-~~I:.~~t2:.~~---------------------_-__------
Address ]-~~~~0!".!~~~!.c:.~!~-=.:.~~~!~~~~!.~ Phone: __~~~-:.~5_0.9______
A 01' ... ('~ ...\.., ...\..... ..) N...... Janes E. Kellison
00 Iccn. II O,ller 1I1C.. oW]1e. : I au.e ---------------------------------
. .
Address _____________~________________ Phone: ---------------
Type of Request:o
___ Rezoning _~_ Approval' or Preliminary Plct
___ Special Use Permit___ Approval of ~ind. Plat
___ Y arionc; ___ Other ------------. .-----
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Des c:i p~i 0 n of Req \J eS7: '__S.1l9.Q..i-Y1~~Q.r1...9.t_12r.~.l='j;y_1Q...l2.lC!.t..~.Pl?1;Q~;iJm.t..~~-_:-
90,600 s.f. at the NW corner of OUtlot A
------------------------------------------------------------------
------------------------------------~-----~------------------
. Signaiu;. of Applicant: T"~~~ ~
Date of Public Hearing: -----------------r--------------------~----
o NOTE; Sketch of proposed 'property ~'"ld structu;-e to be draw-=. 1n 'lJac.'lc ot this tor=. or at-
tached, showing the following:" ~ ~)'4~~,;-,:,
~ \~ ""', ,y \":"0-
~0"'" ').
~ ~UG \990 '\
~J /"\ fiij.\\O '0\
t'o...1 ,... "'iA~R
'.e - Of irl-L"
~r~ CITY SiN..~!~JIl.
"!c... MU'lfl....
1. North dirc:ction..
2. Location ot proposed structure on lot.
3. Dimensions of iront md side set.backs..
4. Dimensions oi proposed st..-ucture.
5. St:-eet n<imes,
6. Loc:;,tion oi :ldjac~t existing buildings_
1. Other inior.:nation ;;.s may be requested.
.-'
(. -'"
Approved ___ Denied ___ by the "Planning Commission o~=<~:::.s..:.:....______ (da~e)
b. 0 ~ L f 11 - d.o.
su iee.o tile 0 owmg con mons: ----------------------------------
..._..~.....,........... _ .......... ......_~..: ":'_':",':'". "."__ ~..'___.~'_._ ,". .' . '..' ;;. "."'!'.~-" ....~.. ......:...7.',. ....~.. .:-. ." .:'..:.-.'..~;..;........~...:...
.._:-:o......~_._...
. . ..- . . . -.- .......' - ". . . ~ . .
------------------------------------------------------------------
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Approved ___ Denied ___ by the Council on _______________ subiec to the
~ II. d.'. '
,a oWing con I..ons:'______________________________________
------------------------------------------------------------------
Comr.len~s: (Use" o~her side)
:SeH
e ENC/NEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612490-2000
August 13, 1990
RE: STILLWATER II
OFFICE WAREHOUSE
CURVE CREST BLVD. AND
WASHINGTON AVENUE
STILLWATER, MINNESOTA
SEH FILE NO. 89114
Mr. Steve Russell
City of Stillwater
216 North Fourth st.
Stillwater, MN 55082
Dear Steve:
e
We have reviewed the revised site plan and driveway locations for
the proposed Stillwater Office/Warehouse II located at the
northwest corner of Curve Crest Boulevard and Washington Avenue
in Stillwater. Our review includes the two driveway locations,
the on-site circulation of automobiles and trucks, and parking.
Wi th this proposal, an 85 foot reduction in the length of the
median on Washington Avenue is proposed in order to allow full
access to the site. Our concerns with respect to this proposed
modification to the median are two-fold. First, in order to
accommodate left turn movements of semi trucks from northbound
washington Avenue into the site, the median needs to be cut back
an additional 15 feet for a total of a 100 foot reduction.
Secondly, the comments which we made with respect to the
previously proposed 150 foot median cut in our July 12 letter
still apply to this 100 foot median cut. (The July 12 letter is
attached for your reference.) The 100 foot median reduction is
somewhat better in that the median nose would only be 7 to 8 feet
in width as opposed to 12 feet in width. However, the other
concerns discussed in the letter with respect to transi tioning
vehicles around the curve and introducing a median in the middle
of the curve still apply.
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The design plans for Curve Crest Boulevard allow for a median
break centered over the property line of the proposed site and
the adjacent site to the west. In order to avoid two driveways
immediately next to one another along this stretch of Curve Crest
Boulevard and the need for further median modifications, we
suggest modification of the site plan such that the driveway is
shown in this shared location.
SHORT ELLIOTT
HENDRICKSON INC.
Sf PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
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Ms. Ann Turwedo
July 12, 1990
Page #2
This means that southbound traffic approaching the proposed
median of 12 feet in width would be traveling around a curve on
a widening roadway and then be confronted by a 12 foot blunt nose
of a median. We suspect that this will result in a significant
number of people having to adjust their vehicle path in order to
miss the median. This could be somewhat disturbing if there are
additional vehicles traveling south at the same time. We make
this concern based not on theory but on experience with the rate
of knock downs of signs on blunt noses and with problems
associated by introducing medians around a curve. Nei ther has
worked well in any location that we are familiar with.
e
We understand Mr. Kellison's concern for full access. With the
existing design of Curve Crest Boulevard, he has full access
through his south entrance to the intersection of Curve Crest
Boulevard and Washington Avenue. Traffic coming from or going to
the north, east or south can utilize either the Curve Crest
Boulevard driveway or both driveways to make the trip without
restraint or the necessity of making u-turns. Once Curve Crest
Boulevard is extended to County Road 5 and a median installed on
Curve Crest Boulevard, there are two restraints introduced.
Traffic coming from the west or traffic desiring to go to the
north would be restricted. However, when Curve Crest Boulevard
"-
is extended to County Road 5, there will also be other routes by
which traffic can get to and from Orleans street, the western
portions of any development in the Industrial Park or County Road
5. Thus, traffic can reach the site without restraint. It is
also possible that the development will continue to grow and that
a driveway can be placed back where originally intended.
For these reasons, we do not feel that the median should be cut
back by the 150 feet requested by Mr. Kellison. We are very
willing to sit down with Mr. Kellison or others to discuss our
concerns or to explore other opportunities for access to the
entire northeast corner. If you have any questions or need any
additional information, please feel free to call.
Sincerely,
Glen Van Wormer, Manager
Transportation Engineering
Department
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GVW/me
cc: Mr. Dick Moore, SEH
:SEH
e ENGINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612490-2000
July 12, 1990
RE: Stillwater II Office
Warehouse
Curve Crest Boulevard
and Washington Avenue
Stillwater, Minnesota
SEH File No. 89114
Ms. Ann Turwedo
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Ann:
e
We have reviewed the Stillwater II office warehouse rough sketch
submitted by Jim Kellison to the City of Stillwater on June 29.
Steve had asked that we review the impact of the median removal
requested by Mr. Kellison. Initially, the office warehouse was
to be larger with an entrance further north along Washington
Avenue. To accommodate a proposed driveway from Washington
Avenue, it was agreed that the existing median island could be
cut back by 40 feet. Mr. Kellison's new rough proposal would
require the median to be cut back by approximately 150 feet.
After review, we do not feel it would be advisable to remove the
median for that distance. The initial design of the median was
to provide a transition from the full median section along
Washington Avenue south of Curve Crest Boulevard to the undivided
section near Orleans Street. The end of the median was designed
to terminate in a tangent section so that motorist would be
afforded a clear line of sight and line of travel approaching the
end of the median. With only 40 feet of removal, there was a
little deviation from the original concept. However, removing
150 feet of median places the nose of the median around a curve
for southbound traffic and does not delineate the curve for
northbound traffic.
e
We are also concerned that the nose of the median facing
approaching traffic would be changed from 4 feet in width to
almost 12 feet in width. The road surface itself would be
widened from 48 feet to 60 feet before the median was introduced.
Under the original design, it would widen from 48 feet to 52 feet
at the point of the introduction of the median.
SHORT ELLIOTT
HENDRICKSON INC
ST PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
Mr. steve Russell
Page 2
August 10, 1990
e
In addition, we su gest the use of 25 foot curb radii at both
driveways as oppos d to the radii now shown on the plans which
appears to be roug ly 10 feet. The larger curb radii allow the
trucks and all veh cles to enter the site at a slightly higher
rate of speed whic results in less impact to a traffic flow on
Washington Avenue nd Curve Crest Boulevard and reduces chances
for rear end accide ts. Also, the larger curb radii will prevent
the truck trailer t'res from running over the curb returns. This
will reduce the amo nt of damage to these curb returns, resulting
in the need for fe er repairs. The radii shown on the temporary
driveway on Curve C est Boulevard are adequate.
Two other areas whi h have potential for improvement on this site
involve the lands aped area west of leasehold A. Near the
northwest corner of the building the radius of the curb along the
landscaped area is roughly 8 feet. If flattened out to a larger
radius, this curb would be less subj ect to future damage from
wheel tracking fr m the semi trucks using the loading dock
closest to leasehol A and B.
e
South of leasehold A, the curb and landscaped area ends roughly
10 feet north of t e drive aisle. A more favorable design for
this would involve extending the landscaped area to the south to
enclose the entire arking space.
If you have any qu stions about any of these comments, please do
not hesitate to ca 1 me at 490-2071 or Glen Van Wormer at 490-
2045.
CRG/cmb
cc: Barry Peters
Sincerely,
Cindy R. Gray
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"'SeH
e ENCINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612490-2000
August 13, 1990
RE: STILLWATER, MINNESOTA
PLANNING CASE REVIEW
PLANNING CASE SOB/90-51
Mr. Steve Russell,
Community Development Director
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mr. Russell:
We have reviewed the
referenced projects
northwest quadrant
Avenue.
site, grading and utility plan for the above
proposed by Con/Spec Corporation for the
of Curve Crest Boulevard and Washington
e
The grading plan for the site generally meets requirements and
City standards. Erosion control fencing shall be installed along
the perimeter to prevent erosion of material to adjacent
properties.
The utility plan shows a 12" storm sewer constructed under the
building. The City should not accept this storm sewer for
maintenance and should request that the developer hold, the City
harmless from damages that might occur should this line break.
Storm sewer computations should be submitted for review.
The plan shows sewer and water service extended from the dead end
stubs on future Curve Crest Boulevard, west of Washington Avenue.
As previously noted an 8" x 6" wye on the sanitary sewer with one
length of pipe and a plug to the west will be required. The
developer should also install a 16" x 8" tee and 16" plug on the
watermain.
Attached is a letter from the traffic department with comments.
If you have any questions, please contact me.
Sincerely,
{SvC~ J-
tit
Barry C. Peters, P.E.
BCP/cih
Enclosure
SHORT ELLIOTT
HENDRICKSON INC.
ST. PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
Phone 464-3130
CERTIFICATE OF SURVEY
DON C. HUL T
Minn. Reg. No. 6617
Wis. Reg. No, S-950
HULT & ASSOCIATES, INC,
Land Surveyors
6695 Lake Boulevard
FOREST LAKE. MINN, 55025
DALE F. HEBEISEN
Minn. Reg. No. 13590
MAILING ADDRESS:
P,O. Box 37
Forest Lake, MN, 55025
TERRANCE G. JOHNSON
Minn. Reg. No. 13115
I hereby certify that this survey, plan, or report was prepared by me or under my direct super-
vision .and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota.
A~ ~~~ ~e October 11 ,1990 Scale: I Inch = 6,0 Feet
. DENOTES IRON PIPE FOUND
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S. LINE OUTLOT A
N.89028'29"W.
290.81
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CURVE CREST BLVD. (PLATTED. AS 63RD. ST. N.)
"NOT BUILT"
PART OF OUTLOT A, STILLWATER INDUSTRIAL PARK,
WASHINGTON COUNTY, MINNESOTA
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SURVEY FOR: CON/SPEC CORPORATION, Sti llwater, MN 55092
LEGAL DESCRIPTION: (proposed as requested by client)
That part of the South 344.88 feet of Outlot A, STILLWATER INDUSTRIAL PARK,
Washington County, ~'linnesota, lying east of the West 386,97 feet thereof.
Subject to anrJ t.ogether with any valid easements, restrictions and
reservat ions.
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..
~
r illwater
~ ---~
-- -~
THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 11, 1990
SUBJECT: SPECIAL USE PERMIT FOR A WHOLESALE AUTO PARTS
SALES USE IN BUSINESS PARK INDUSTRIAL DISTRICT.
The applicant has requested that this application be
withdrawn.
RECOMMENDATION:
Acceptance of withdrawal request.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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J'\ "
PLANNING APPLICATION REVIEW
CASE NO. SUP/gO-50
Planning Commission Meeting: August 13, 1990
Project Location: Northwest corner of Curve Crest Blvd. and Washington
Avenue.
Comprehensive Plan District: Industrial Park
Zoning District: BP-I
Applicant's Name: Curve Crest Properties
Type of Application: Special Use Permit
PROJECT DESCRIPTION
Special Use Permit for a wholesale auto parts sales in the Business Park
Industrial District.
DISCUSSION
The request is for an auto parts business in the Industrial Park. The
applicant indicates that 80& of their business is wholesale sales to other
businesses. A determination will have to be made that the use is wholesale and
not retail because retail uses are not allowed in the BP-I District.
The business occupies 6,000 square feet in the proposed building on the
development site.
RECOMMENDATION:
Determination of retail or wholesale use based on information provided.
CONDITIONS OF APPROVAL:
1. The site plan and building design shall meet all city development
requirements and be reviewed and approved by the Community Development
Di rector.
2. Eighty percent of sales shall be wholesale as documented by NAPA
activi ty.
PLANNING COMMISSION RECOMMENDATION: Approval.
RECOMMENDED CONDITION:
The NAPA building floor plan shall be reviewed and approved by the
Community Development Director to insure that the floor space is
arranged as a wholesale use.
e
~ tto. 263 - Application for "ON SALE" License for Intoxicating Liquor,
BUSINESS RECORDS CORPORATION, MINNESOTA
"ON SALE"
~tatt of .minnt~ota,
COUNTY OF....,\.Y,0.-:?,h..~r.':'..":f...........
l
\
5'( \ (( ,,-,1(1-<.-
.1IU.YICIP./lLITY OF.. ,..................................................
1'0 THE GOVERNING BODY OF THE ,tJBOl'E .?(,l,llED .1IUJt/CIPALITY:
Pursu.ant to Chapter .46 of the laws of .1Iinnesotn, Special Scssion of 1933-.4..
,..,'$T~..(f?~,,~,1..CRre,J?!.1.~r....~~,c::;~....,........ . ,
hereby appll~,~ for a license, for the term of. .... ..........,
from the......!?:...............,.. ....,day of...........,(!)..0,
..19" :70., to sell intoxicating liquors
as defined by law at retail only for consu,mption "ON TJll! PRE.,llISES" described as follows:.., .
,......,...I..J..,~, N-:,......,!'!!..jt;) L J-( 'S'T,....
ST I (f LV.4 fen ;4.-1 Ai'
,............... .......................... ...................... ........................... ................................,...
. 'd " l't h' 1 . .1' h ~ 7' t 1 d t
................Ln saL 1nunlCIpa l y, on w IC t p1 ennses .... ......,......' ,.......,con 1'0,...... ,... an opera e a
..,E..!:~U1..........,~..,t'1o~.........g..~i~..~,~..(l...~..,~..........,............, ..,; and to that end hereby represent,. . and state............;
That said municipality is a"...."..,7..b..\,.':'::,D...c.L..,;,..~s.....,....<;,~'.L,7....,..,..,..,'",....,...,..,..,.,..
, .. u:hich has a popltlation of
e.................................../."]..]....'f.(),,9.....~ ......................................' ..,.......and u'hich does not ma.intain an e.1:clItsive liqu,or store;
That said.........,r,?..?..a.:-....~....,O','~,~..~,'::,~......~......,..........,..........,.., ,....is an estabUslnnent having a, resident
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proprietor and manager and the following eqldpme1lt and facilities,........
........f?....~,':-:..i,~......(~..,~..~......,~~,~(..H 0 ,f\ <;. ,I". ,!, ~J t: /l c. .(.
Lv r-. ') 1.-.. )( 06<. -- 5' 0 ,..., '5 ~ c:: d~ yr Loo.c."
...........r.......
,
"
,..-
Ic? r
................ . ..................
C", I ( I{.... 1 J4 u it c.5i (<C.7 c L-. ~.-
.. ",.., .""., ."". ""'" ,.... ",,,{'::.'....,..,,,,,, ,./,\.,;", ,$.,....,..,..", ,......, "'" "',' ,."""..., ," ". '" "",'," "" ,.,.. ",., ,.."... ..""", """ ,..,.. ",..,..,.....,......,
"., ,..,..""..,..'"""" """.....'
"""". "'" '" ",' ....'" .5,<"(l,,.7....t...~'/,.. ,..r..c.:,~~"..,",( c:l:J..",! <~,~, .~.,.~, ".. ",......".."....,..,..' '.........,.."..,..", ",............,..'"""..",..,......
......................................................................................... ..........................
....................................................................................................... .......................
....................................................................................................................... . . ... .,........
.......................................................................................................................................................................................................
........................................
That said applicant..,./?..I!..."'!:............citizen........of the United States,......A,.,'!,q...............,......over twenty-one
years of age,..,fJ.../l:,'f:c................of good moral character and repute,..,............d.fi...~........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 Sta,te of Minnesota, or of any local ordinance, with regard to the manufactnre, sale, distrwution, or
'possession for distribution or sale, of intoxicating liqIwrs, and that no license issued to....,t..4..t;;..,~..........
under sahl 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, understanding or otherwise, said applicant...... ",."to handle or sell only the products of such manu-
facturer or wholesaler:
That no other retailer's license has been issued, directly or indirectly, to said applicant............or for
sai(l premises; that no license of a class other than hereby applied for has been issued to any person at
said pren?'ises; and that said premises are neither oll'ned or controlled by any person to whom no license
could be issued:
That said premises are not within any area u'ithin which the sale of intoxicating liquors is pro-
hibited by the laws of the State of .Minnesota, the provisions of any charter, ordi.nance or special law,
or through zoning ordinances, proceedings or legal process regularly held for that purpose:
That said applicanL,.....hereby agree......that any license granted pursuant hereto shall be non-
transferable withont consent of the aIdhority issuing the same; that said license shall not be effective
until a permi,t shall be issued tulder the laws of the United States in case such permi,t is required under
said, 7aws; aml that .... "!.~7' . will keep said license posted in a conspicuous place in said premises:
That this application is made pursuant and snbject to a.ll the laws of Minnesota, the laws of the
Cnited States, the ordinances and regulations of said municipality, and the regu,lations of the Liquor
('01dro7 Commissioner of ./~finnesotn, relating to thc 8ale and places of sa,le of intoxicating liquors, all
of which (/rc hereby made a part hereof, and which.t, b~':"7'" hereby agree.., ..,to observe and obey,
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~.-
,
EXHIBIT lIA"
Under penalty of perjury, each person whose signature
appears Delow certifies that:
1 .
,
<? aLL-c. ie.t "'/ T _ c- ,. .
Birthdate of applicant (if individual) /.
sF
B. List officers and titles ~_c.. L-t .( ..LJ ;;:r~ .4-.J+./~/"",,;x,.,">- (jJ~J
/?I<~ \.~
i4'? 11 .~ c/ -i? -z ~ cJ "^-
Full
of applicant '5'1 - C (lo l'~
name
2.
3.
C.
List directors
,-1 <-> cp , 1 t'-( ~
D. List stockholde=s
4. List all persons or entities with either a direct or
indirect interest in the applicant or the applicant's business to
be conducted under the license for which this application is
made, and describe their interest in detail J1 /&(_
I
A.
Addresses:
I <(D J~ ltM . M-u...;/'.
~
(~ 6tL/t ~ CL ~)
B.
Assumed or Trade Names, if any
C. Business telephone number
D. Horne telephone numbers
4 '?:1~ - 'f 5 c.. '1
2-1,!:>D - 17 3'
5. Has any person named in the application ever been
convicted of a felony? If the answer is yes, set forth the
offense, date and county of conviction. No
6.
licensed
that the
Applicant agrees that ariy manager employed in the
premises will have all qualifications of a licensee and
:a:r ;l~ :::o~iOlate_~~
Dated:
Subscribed and Sworn t9~~efJre
me this C(~day of (~, ,
1990. '
~ ~~~_UJ
Notary Pub ic ~,~#,,~
''<;;;;:;'';;;;:;'" MARY LOU JOH N' S ~...,~
'.,~ ' I ON ~
L(~~~ NOTARY PUBLIC - MINNESOTA %
\~n)~ RAMSEY COUNTY <1
'" ..' My Commission Expires Sept,S 199 ~
~~~~'"" ' 1 ..~
~,,,j>
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~SEH
ENGINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOrA 55110 612 490-2000
October 12, 1990
RE: STILLWATER, MINNESOTA
FAIRMEADOWS ROAD SEWER
SEH FILE NO. 89114
Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Council Members:
e
On Tuesday, October 2, 1990, the Council ordered a feasibility
study be prepared to investigate the probability of removing the
forcemain discharge into the gravity sewer on Fairmeadows Road.
This study was initiated by the Council and did not recei ve a
petition from any property owners.
Letter reports were prepared for the Council on March 15, 1989,
and on October 1, 1990, following basement flooding of some
residences on Laurie Court and on Fairmeadows Road.
The gravity sewers in the area were televised in February, 1989.
This televising revealed a root maintenance problem in the
mainline and services on Fairmeadows Road between Laurie Lane and
Hanson Place. There are seven services in this sewer segment and
five out of the seven had root plugs in 1989.
The sewer segment between Laurie Lane and Hanson Place was re-
televised on September 21, 1990. Not all the sewer services were
reviewed because the root plug in the main sewer prevented the
camera from being pulled throughout the same length as before.
The services that were viewed contained root plugs, however. The
Public Works Department has cut out the roots in the mainline
since this televising, however, the root plugs in the services
still remain.
The roots in the services need to be removed from the property
side. This can be accomplished by using a root cutter from
either inside the house, or by digging in the yard or boulevard
area. Digging the service may be required anyway, because of the
size of the root plug and distance from the house to the sewer.
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SHORT ELLIOTT
HENDRICKSON INC
5T. PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
e
City of Stillwater
October 12, 1990
Page #2
I. Forcemain
The forcemain extension will require constructing a new 6
inch pipe from the discharge into the first manhole east of
Darrell Court, to the manhole in Olive Street at Fairmeadows
Road, a distance of 1,340 feet. This forcemain will be
buried with 7.0 feet of cover, the same as a watermain.
Since the existing watermain is on the south side of
Fairmeadows Road, the forcemain will be constructed on the
north side. The depth of the forcemain may have to vary
Slightly depending upon the depth of the water services.
The forcemain will terminate in the manhole with an elbow
turned down to direct the flow into the sewer invert.
Fairmeadows Road would be repaired over the forcemain trench
only. However, since the street falls within the "partial-
reconstruct" category on the recent pavement evaluation,
this may be an opportunity to replace the surfacing on
Fairmeadows Road from curb to curb. We have prepared
separate cost estimates for the Council to consider.
e
Drawing No. 1 shows the proposed forcemain construction.
Drawing No. 2 shows the typical sections for both repair
over the forcemain trench and "partial-reconstruction" of
the entire surface.
Because the new forcemain will require a change in grade by
being constructed over the hill on Fairmeadows Road, east of
Laurie Court, and then downgrade to Olive Street; an air
release valve will be required at the high point. This
val ve requires a manhole for maintenance access. We have
included the cost of the air release valve and manhole in
the cost of the forcemain construction.
II. Lift Station Modifications
The construction of the new forcemain, raises the static
head condition for the pumps by 8.6 feet. The added length
of the forcemain and fittings, increases the friction
headloss by approximately 9.0 feet. This is a total
increase of 17.6 feet of headloss for the lift station pumps
to overcome. The existing pumps may not be able to pump
against these head conditions. If they cannot, new pumps
will be required for the Maryknoll Lift Station.
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We have coordinated this study with Tri-State Pump and
Control, Inc., since this firm replaced the existing pumps
in 1987 and 1988. Tri-State is still running tests on the
existing conditions so new pumps or modifications to the
existing pumps meeting the proposed conditions can be
designed.
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City of Stillwater
October 12, 1990
Page #3
The cost estimates prepared for this study are based upon
preliminary figures and pump curves that appear to meet the
new conditions without major modifications to the lift
station. Once the proper sized pumps are determined, we can
provide the Council with a more accurate cost.
The Maryknoll Lift Station serves the entire Croixwood area
plus the small residential area west of Croixwood, south of
Interlachen Drive. The lift station service area is shown
on Drawing No.3.
III. Cost Estimates
We have prepared cost estimates separately for the forcemain
construction and lift station modifications. We have also
included cost estimates for repair of Fairmeadows Road and
for "partial-reconstruct".
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These cost estimates include 35% for contingencies,
engineering, administrative and legal. These estimates are
based upon current construction costs and should be accurate
for one year. The various cost estimates are as follows:
Item
Estimated Cost
Forcemain including Air Release
Valve and Manhole
Repair of Fairmeadows Road
$ 44,645
33,845
"Partial-Reconstruct" of Fairmeadows
Road
96,125
20,250
Lift Station Modifications
Total Estimated Cost of Forcemain
with Repair of Fairmeadows Road:
$ 78,490
Total Estimated Cost of Forcemain
wi th "Partial-Reconstruct" of
Fairmeadows Road:
$140,770
IV.
Recommendation
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We recommend the forcemain be constructed with repair of
Fairmeadows Road, and the proposed lift station
modifications be constructed by Tri-State Pump Control,
Inc., at a total estimated cost of $98,740.
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City of Stillwater
October 12, 1990
Page #4
We find this project feasible and can best be constructed as
proposed herein.
v. Cost Recovery
We recommend this study be reviewed by City Staff and
financial consultants to provide the Council with background
and recommendations.
Assessments for the project should be reviewed by legal
Council. Since SSe 429 requires the City to prove benefit
to property assessed, the benefit should be determined,
since there was no petition from property owners.
Clearly the property owners on Laurie Court and the west end
of Fairmeadows Road will benefit from the new forcemain
construction. However, the residents of the Croixwood area
use the forcemain. Also, the residents adjacent to
Fairmeadows Road will benefit from new street surfacing.
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The proposed modifications to the lift station will be
required because of the change in headloss conditions from
the forcemain extension. The existing pumps are fairly new
and function properly at this time. Replacing pumps is
usually a maintenance procedure paid from the sewer fund.
We have not prepared a "Mock Assessment Roll" in keeping
wi th City standards, because these questions have not bee
addressed. If assessments are to be levied against
benefiting property, an Improvement Hearing will be required
in accordance with SSe 429.
~~
Richard E. Moore, P.E.
REMjcih
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I hereby certify that this report was prepared by me or under my
direct supervision and that I am a duly Registered Professional
Engineer und~-~r~ laws of ~e/~t;te of Minnesota.
{-fLry~ &'-Tff~
DATE: /0/1.2/90 REG. NO. /4-h 9 I
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12
tNTERLACHEN DRIVE
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LEGEND
FORCEMAIN EXTENSION
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MARYKNOLL LIFT STATION MODIFICATION S
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STILLWATER. MINNESOTA
OCT. 12,1990
FILE NO.
89114
DRG. NO.
I
ENGINEERS. ARCHITECTS. PLANNERS
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311 BITUMINOUS SURFACE
SIlAGGREGATE BAS E
TRENCH REPAIR
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EXISTING C a G
. (BOTH SIDES)
3" BITUMINOUS SURFACE
611 AGGREGATE BASE
PARTIAL RECONSTRUCT
"'SaJ
ENGINEERS. ARCHITECTS. PLANNERS
STILLWATER I MINNESOTA
OCT. 12.1990
FILE NO.
89114
DRG. NO.
2
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CoR
Ck,ITI.OT
AREA SE
BY MARY
LIFT STAT
"'ReEL 3
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ArSaI
STI LLWATER, MINNESOTA
OCT. 12.1990
FILE NO.
89114
ORG. NO.
3
ENGINEERS. ARCHITECTS. PLANNERS
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r illwater
~ --~
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 11, 1990
SUBJECT: REQUEST BY WASHINGTON COUNTY FOR CHANGE OF PARKING STRUCTURE
LOCATION FOR THREE STORY OFFICE BUILDING ADDITION (CASE NO.
PUD/88-68 & 71).
BACKGROUND:
On December 6, 1988 the City Council approved Cases No. SUB/88-68 and
PUD/88-71 for a three story addition to the existing government center. As a
condition of approval, a 308 car temporary parking lot was to be constructed
across Panama Avenue.
On April 3, 1990, the City Council approved plans for a three level parking
structure providing 541 parking stalls in place of the temporary 308 car
parking lot. (permit attached)
On June 19, 1990, Washington County requested that, because of problems
getting approval to construct the parking structure, temporary provisions be
made to provide for the parking demand need for the three story office
addition. A parking facility was to be available by September 1, 1991. This
request was approved by the City Council (permit attached).
The current request by Washington County is to construct a three level parking
structure similar in design to the originally approved structure. The
structure would accommodate 487 cars with a possible two level expansion to
815 vehicles. The request before the City is for a three level structure for
this phase of construction.
The site plan shows existing vegetation and a landscape concept for the areas
surrounding the parking structure. A detailed landscape plan and
grading/drainage plan is necessary before building permits can be issued.
The new 1 ocati on provi des for a 160 foot setback from 62nd Street and a 150
foot setback from Paris Avenue North. The original structure was positioned
sixty feet back from 62nd Street.
When plans for a law enforcement structure are presented, additional parking
needs can be considered (see attached letter).
RECOMMENDATION:
Decision on change in parking structure location.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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CONDITIONS OF APPROVAL:
1. The following detailed plans shall be provided for City review and
approval before building permits for the ramp are issued.
A. A detailed screening/buffer plan minimizing the impact of tne
parking ramp on the single family residence located on 62nd
Street North, Pari s Avenue North and Upper Street and all other
residential areas impacted by the parking ramp. (This could
include berming, trees, and shrubs to soften the "view of the
Government Center from the residential area.)
B. A detailed grading/drainage plan including erosion control
measures and reestablisnment of disturbed areas.
C. A parking management and signage plan.
2. Perimeter ramp landscaping to the North, East and West shall be planted
with comp 1 eti on and use of the ramp.
Lyle C. Doerr
Facilities Manager
WASHINGTON COUNTY
PUBLIC WORKS DEPARTMENT
FACILITIES DIVISION
GOVERNMENT CENTER
14900 61ST STREET NORTH, P.O. BOX 6 · STILLWATER, MINNESOTA 55082-0006
612/779-5174
october 11, 1990
Mr. steven Russell
Community Development Director
City of Stillwater
216 North Fourth Street
stillwater, MN 55082
Dear steve,
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As a result of events over the past several months relative to
the proposed parking structure for the Washington County
Government Center, revisions have been made to the original
plan which was approved by the City of Stillwater.
The revisions consist of a realignment of the structure to an
east-west orientation parallel to 62nd street North and the
placement of the future upward expansion at the east end of the
structure.
As shown on the drawings which have been provided, the
structure being proposed is unchanged in size and the
elevations of the parking levels remain as originally approved,
however the setback from 62nd street North has been increased
so as to place the entire structure on property currently
within the City of Stillwater.
Detailed landscaping plans are being prepared which will
include plantings at the street-level deck as well as screening
between the structure and the adjoining private property and
62nd street North, with the intent to retain as many of the
existing large trees as possible north of the ramp.
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Washington County does not discriminate on the basis of race, color, national origin,
sex, religion, age or handicapped status in employment or the provision of services,
...~"'--.'OO#'Q
0,0' ~ ...
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.fl#''''~'''~IIU ",t,~~..c..'f,
Parking Ramp, continued...
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Our schedule currently calls for bids to be received the end of
October for the site preparation and grading, with work to
commence as soon as possible.
The County Board has also approved the parking ramp project and
has authorized advertising for bids - a process which will
begin immediately upon completion of the plans and construction
documents.
On October 23rd we will be discussing the next phase of the
project with the County Building Committee and at that time we
will request approval to proceed with our application for PUD
Amendment for the Law Enforcement Center which is scheduled for
start of construction in the spring of 1991.
Your assistance and guidance in the development of the project
planning has been of great value and your efforts are much
appreciated.
Should any additional information be needed please call!
Yours Very Truly,
.~~
Lyle C. Doerr
Facilities Manager
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STATE OF MINNESOTA
CITY OF STILLWATER
CITY COUNCIL
VARIANCE PROCEEDINGS
In the matter of Planning Case
No. PUD/88-71
REQUEST BY:
ORDER GRANTING VARIANCE
MODIFICATION
WASHINGTON COUNTY GOVERNMENT CENTER
Owner
The above entitled matter came on to be heard before the City Council for the
City of Stillwater on the 19th day of June , 1990, on a
request for a variance pursuant to the City Code for tl1e tollowing described
property:
~tO Block 1 and 4; lots 1-10, Block 5, No~th 20 ft. Lots 21 - 30. Block 5
~ \0 McMillan and Cooley's Addition to the City of Stillwater.
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Purpose:
Temporary parking on Panama Avenue, Salem Lutheran Church and First
Presbyterian Church and constructing an eighty space temporary parkinglot.
Upon motion made and duly approved by the requisite majoritj of the City
Council, it is ordered that a variance be granted upon the following
conditions: (If no conditions, state "None".)
See attached Conditions of Approval.
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Dated thi s :2 () ~
day of
~ ' 199'0.
j)4~
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CONDITIONS OF APPROVAL - CASE NO. PUD/88-71
1. A permanent parking facility with 308 parking spaces shall be provided by
September 1, 1991 or a temporary lot containing 308 spaces, as approved by
the Community Development Director, shall be constructed.
2. When Panama Avenue and the eighty space temporary lot are closed down, the
County shall assign and require 125 employees to park in the Salem
Lutheran Church and. Fi rst Presbyterian Church lots. (Program description
listing assigned employees shall be submitted for approval thirty days
before closure of the temporary lot and Panama Avenue.) ,
3. This temporary approval may be revoked at any time because of parking
conditions in the area by the County Government Center and a 308 car
temporary parking lot required.
4. Plans for the eighty car temporary parking lot shall be submitted to the
Community Development Director for review if approved.
5. One third of the three story addition floor area shall not be used until a
permanent parking lot is provided.
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637008
(j
...~.. -1-"' '-,
STATE OF MINNESOTA
CITY OF STILLWATER
CITY COUNCIL
'..'._,..
:s~..
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SPECIAL USE PROCEEDINGS
In the matter of the Planning Case
PUD/90-1Q
PLANNED UNIT DEVELOPMENT
No.
Request By:
WASHINGTON COUNTY GOVERNMENT CENTER
Owner
The above entitled matter came on to be heard before the City Council on the
3rd day of April , 19 90, on a request for a
Special Use Permit pursuant to the City Code for the following described
property:
, o~19Block 1 and 4; lots 1-10, Block 5, North twenty feet lots 21-30
~ \ Block 5 - McMillan and Cooley's Addition to City of Stillwater.
Purpose:
To construct a three level parking ramp. Modification to Case Nos. SUP/88-68
and PUD/88-71.
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Upon motion made and duly approved by the requisite. majority of the City
Council, it is ordered that a Special Use Permit be granted upon the following
conditions: (If no conditions, state "None".)
. .
SEE ATTACHED LIST OF CONDITIONS OF APPROVAL.
Dated this
oZtJ~
day of
~~ ' 19 90 .
d}4~
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CASE NO. PUD/90-10 (MODIFICATION TO CASE NOS. SUP/88-58 & PUD/88-71.L
CONDITIONS OF APPROVAL:
1. The following detailed plans shall be provided for City review and
approval before building permits for the ramp are issued.
A. A detailed 'screening/buffer plan minimizing the impact of the
parking ramp on the single family residence located on 62nd
Street North, Paris Avenue North and Upper Street and all other
residential areas impacted by the parking ramp. (This could
include berming, trees, and shrubs to soften the'view of the
Government Center from the residential area.)
B. A detailed grading /drainage plan including erosion control
measures and reestablishment of disturbed areas,
C. A parking and pedestrian lighting plan,
D. And a parking management and signage plan~
2. Perimeter ramp landscaping to the north, east and west shall be planted
with completion and use of the ramp.
'"
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e DAVJD MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CHIEF
.
~
iIlYYater
~
THE BIRTHPLACE OF MINNESOTA i)
f)
GORDON SEIM
FIRE CHIEF
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF POLICE
September 26, 1390
Tel"'l"~./ i=1':ltlt~"'e
1310 N. 2)"'10.
Stillwatet~,
3t.
i'1n. ,
-c.-.,.....-.
;:;...J'-J~~
Dear :et~t~y:
qt your request the Police Jepartment conducted a speed sur'/ey in
t;he :!.1()() Blclc:,,( tc: the 13(lC) Blc'ck ::IT i\J.. 2rrd. St. ii,e ptll""'pCtSe t:;-f ;;:li.,5
survey ~as to estaolish the need for your reques~ for a s~op slgn :n
that area to slow traffic. The results or the study are anclosea and
r wi:l summarlze them for you in this letter.
a. All ofTicet~s were di~~ected to '5pel'"ld at least one"':'nalf ;-;ou~~ ::t day,
~during their assigned shift, monitoring traffic in this area. They
~ere also cirected to take any enforcement measures consistent with
tne ~epartment Directives relating to speed that they observed.
During the survey period, Sept. 3 to Sept. 15, officers spent a totai
of 66 hours monitoring traffic. The 66 hours were distributed
throughout the day and night so we would get a fair sample of the
traffic conditions on N. 2nd. St. During the 56 hours, 1,248
venicles were =locked for an average of 96 vehicles a day. During
the study time, an average of 19 vehicles passed the survey officers
an hour. The average speed recorded was 27 m.p.h. and the speed
travelled most by vehicles using this street was 29 m.p.h. There
were 13 tiCkets issued for speed violations ~ith a speec viola~ion
ratio of one summons for every 75 vehicles using the str~et. The
highest speed recorded during the survey was 47 m.p.h.
A review of our records system indicates ~hat there have been
five reported accidents in the past two years in this area. Of
these, only one ~ccident was speed related occurred in this area
during the last three years.
As stated earlier in this letter, the department understands that
you would like a stop sign installed in this area to slow traffic.
The results of the speed study and a search of our current acclden~
records in this area do now support your request. Though we did
a. issue summOl'"IS fClr speed duril'"lg the SLlt'vey, the il'"lcidence of speeders
~(1 for every 75 vehicles) does not warrant such an action. The
mm 2091 Ol';k ST'.\' 1
212 North Fourth Street, Stillwater, Minnesota 55082
Police Phone: 612-439-1314 or 612-439-1336
Fire Phone: 612,439,6120
installation of a stop si n in this area would inconvenience users of
the road and could very p Issibly increase the incidence of traffic
violations in the area (i.e. persons running the stop sign).
Further, the installation of a stop sign in the area could create a
false se1"lse clf secl_lrity.i the children livi1"lg in the area a1"ld CCII.lld
result in an increase in edestrian accidents.
The Department will i
enforcement list. What t
rotational basis, perform
take appropriate enforcem
list is quite long and of
area comes up on the list
Thank you for bring t
further questions about t
reel free to contact me p
S i 1"lcet"e 1 y,
;,.~ - /1,'I/.~ ./J
/~cc#Y/ //~c:V'
David Mawhclt"tet"
Public Safety Director
90-25
CC: Mayor and Council
City Coordinator
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.clude this area in our' rotational speed
is means is that officers will, on a
speed enforcement checks in the area and
nt actions. You should be aware that this
icers will be assigned to the area as the
e matter tCI out" atte1"lt ion. I f you have a.ny
is or any other public safety issue, please
rsc'1"la 11 y.
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_PEED SURVEY 1100 BLK TO 1300 ELK OF N. 2ND ST.
AVG. SPEED
# OF CARS CARS PER AVERAGE TRAVELED SUMMONS SPEED
DATE HOURS CLOCKED HOUR SPEED MOST ISSUED RATIO
09/03 7 1'::>-::' 17 28 27 & 30 3 41
........
09/04 6.5 120 18 29 30 -::. 60
....
09/05 7.5 131 17 27 27 .J 65
....
09/06 4 73 18 28 28 0 73
09/07 5 107 21 28 28 .:) 53
....
09/08 5 116 ':>~ 27 31 0 116
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09/09 4.5 65 14 2'3 2'3 & 30 1 65
09/10 4.75 126 26 28 29 1 126
09/11 6.5 111 17 28 30 0 111
09/12 4 77 1'3 28 30 0 77
09/13 3.25 59 18 28 2'3 0 5'3
09/14 5 68 l~ 28 31 & 1 68
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09/15 3 73 24 2'3 28 1 73
TOTALS 66 1248 13
AVERAGES 5 '36 19 .::a- 29 1 -c
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THE B I R T H P LAC E 0 F M'I N N E SOT A J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR ~
DATE: OCTOBER 11, 1990
SUBJECT: APPEAL OF DECISION OF HERITAGE PRESERVATION
COMMISSION/DESIGN REVIEW COMMITTEE FOR
CONSTRUCTION OF FOUR FOOT CHAIN LINK FENCE AROUND
LOWELL INN PARKING-LOT.'
The City has received a request from the Lowell Inn to
construct a four foot chain link fence around the thirty
three car Lowell Inn parking lot. The lot would be
reconfigured as shown on the site plan. The City owns the
parking lot to the North, which is planned for improvement
next summer with downtown improvements.
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The Heritage Preservation Commission/Design Review
Committee reviewed the request at their meeting of October
3rd. They felt the chain link fence that is colored or
covered with black or green vinyl is acceptable as a
temporary measure but is not an acceptable permanent
improvement. The Committee felt the chain link fence was
not appropriate on the Second Street side of the lot.
The decision of the Design Review Committee has been
appealed by Mr. Palmer for Council determination.
It is possible that, with the improvement of the City
parking lot to the North, a different more aesthetically
pleasing method of separating the parking areas could be
accomplished.
RECOMMENDATION:
Decision on appeal.
ATTACHMENT:
Memo to Design Review Committee - October 8, 1990.
Letter of appeal - October 8, 1990.
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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PLANNING APPLICATION REVIEW
CASE NO. DR/90-7
Planning Commission Meeting:
October 8, 1990
Project Location: 102 North Second Street
Comprehensive Plan District: Central Business District
Zoning District: CBD
Applicant's Name: Lowell Inn, Inc.
Type of Application: Design Review
PROJECT DESCRIPTION:
Design Review for a temporary four foot chain link fence in the Lowell Inn
parking lot.
DISCUSS ION:
The request is to place a four foot chain link fence in the Lowell Inn parking
lot in order to control the Innis parking from the adjacent public parking lot
to the north. There has been problems with public parking on the Innis private
lot.
The design of a chain link fence does not meet the intent of the design
guidelines nor does it match the proposed fencing in the Downtown Plan.
CONDITIONS OF APPROVAL:
1. The fence shall be removed when the City lot is improved or not to
exceed one ycar~
2. Coordinated fencing shall be placed on the site when the City improves
their parking lot.
FINDINGS:
The chain link fence does not meet the intent of the design guidelines.
HERITAGE PRESERVATION COMMISSION/DESIGN REVIEW RECOMMENDATION:
The H.P.C. recommends that the temporary fence on the North property 1 ine
should be of dark green or back vinyl material. This type of fencing will be
less obtrusive to the area.
The chain 1 ink fence along Second Street is not acceptable. It does not meet
the intent of the design guidelines. Whatever type fence that faces Second
Street should draw architectural elements from the Lowell Inn, such as the
picket fencing or wrought iron in front of the Inn. Another suggestion is to
use a similar design consistent to the fencing shown in the Stillwater
Downtown Plan.
ATTACHMENT: Site plan.
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Fee Paid _______________
Dote Filed ______________
PLANNING ADlv\INlSTRATlVE FORl'v\
Street Location or Property: __LQ.~_tlQ!:.t.!:LP~.92..!l_CL_sJ=".r_~~t________________
logal Description of Property: __~Q!:~_2_~_J--9_13}_o_c_kj_~<!_________________
Owner: Na me _ _lI~JJ_e__o_~_~~~~~E_~~E~!.:>_____ ___ ____________________
Address_J--9J_~__~~~_~~________________ Phone:___~]J:_~~~~___
A 0 I' . ('':: "'h .j,1 ) N Lowell Inn Inc ' ,
pp lccn, ,I. 01 er Incn oWJler: lame _________________________________
Address_}~_~_~~~~~_~~~~~~_~!=~~!_____ Phone:_____~~________
Type or Reguest:o
___ Rezoning
___ Special Usa Permit
___ Yariance
___ Approval of Preliminary Plat
___ Approyal or Final P"la~ \
:__ Other__E~D~~__~_________
Description or Request: --'te.m12Qr~.r.Y..l.:.J~..PJ--:t9-Q.t..-Q.b.~in=li.Dk.'--~:...-------
---f~D~~~~9-~-~~-~~_QQ.~~l_tQ_~~D~~_o_~~_~~~iQ~_tQ~_Ug~~9~__________
___!:~tb~~_~bE~_~..P_~~~~_~~~~___S~~_~~~-______~__~______
Signature of' Applicant: ______________________.:..__
Date of Public Hearing: _____0_____"___________________________________,
NOTE: Sketch of proposed 'property and structure to be dra\YI1,on ba.ck oi this form or at-
tGched, showing the following:
1. North direction"
2. Location of proposed structure on lot.
2. 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 reques~ed"
.. ---
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Approved ___ Denied '__0_ by tho oPI~mn ing Commission on ___________ (dete)
'b' ..j, th f II' d't" 0 0
su lec. 10 e ,0 oW,lng con I Ions: ___-:-________________________~-------
------------------------------------------------------------------
Approved ___ Denied ___ by the Coun cil on ___';;.::..;::..:.:.'..:...:o_____:>subied to the ~""o : '~o, :,-,0
1: II" dOt" ,\ ,
10 oWing con I Ions: ________________________________________________
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Comments: (U~e other side), . 0 0
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Stillwater City Council
Stillwater Planning Comlisston
CITY HALL
216 Horth Fourth Street
Stillwater MN 55082
STILLWATER. MINNESOTA 55082
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October 8, 1990
Dear City Council and Planning COllission Melbers,
The Lowell Inn sublitted its application for a perlit to install a temporary, chain-link fence on
the west, north and east sides of the Drivate, taxable, hotel parking north of ,Lowell Inn. The
affected lots are lot 10 and 9, Block 19, owned by Paller Family Trusts.
Unfortunately, the HPC Design COllission did not see fit to recognize the extenuating circul-
stances involved in our application. Consequently, we are now forced to appeal this decision
wbile al80 opposing the 'conditions of approval' added by City staff. I hope none af you are sur-
prised at the intense negative reaction this process has generated frol an effected business which
has been a cautious supporter of downtown planning. '
The chain-link fence is not expected to leet design guidelines nor bring downtown planning to its
knees. Its only purpose is functional. In this case, there are 'City-caused' circulstances.
Failure to take these circulstances into account further comproaises the rights of a business and
pr~erty owner, seeking protection frol being overrun by a neighbor...the City.
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Instead of fencing its own area or working in a neighborly fashion to create a solution...new hur-
dles elerge. How that we wish to undertake a solution, at our expense, we are now faced with ap-
proval 'conditions' that appear both unreasonable and unnecessary. Why is a 'deal' so necessary?
All we have ever wanted is to be a 'good neighbor' to the City and the City to be a 'good neigh-
bor' to us. Does the City want people to believe that being good neighbors doesn't count for luch?
My concerns about lanagelent and containment of public parking in the area seels to be falling on
deaf ears. By overflowing onto hotel daytime parking, the so-called 'code required' parking for
hotel guests has been reduced, and at tiles, elilinated. Years of discussion about cooperative
approaches are demonstrating the futility of attelpts to be cooperative with government. The pa-
tience of our patrons, staff and management is being unnecessarily tested!
Certain background relating to the causes of our problem with City policy and lack of enforcement
are contained in a variety of doculents sublitted to the City Council. The problels we continue
to encounter have to do with past failures to require new businesses to provide their own parking
for tenants and employees before being granted special use perlits. These still uncorrected fail-
ures are at the root of the discrimination and frustration experienced by lowell Inn pltrons, em-
ployees and lanagement. Planning is important only until it becomes an end in it~elf.
Can local government understand why we are upset at continuing abuses and encroachment? When con-
sidering this matter I could an effort also be made to understand why it appears at tiles that ..e'X 15-"hnt
planning seels to hinder, rather than assist, productive relationships betweenq)usiness and gov- _ J$]
ern.ent? Your cooperative and expiditious handling of this latter will answer these questions...
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Arthur V. Palmer
ClTYOCO 1. DOC
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: PLANNING STAFF
DATE: OCTOBER 10, 1990
SUBJECT: MATERIAL SUBSTITUTION ON 212 NORTH MAIN STREET,
WRAP AND SHIP BUILDING (CASE NO. DP/PR/89-61)
The City Council approved the request for a Design Permit
and Parking Review for the building at 212 North Main
Street (Wrap and Ship) on August 14, 1989. The project
consisted of renovating the storefront and adding an
interior fire stair to the building. The exterior material
for the fire stair was planned to be of stucco material on
a temporary basis until Phase II was completed. A brick
face would be added to the face of the stairway at that
time.
'.
The applicant has submitted a letter for approval to change
the stucco material to burnished block as stated on the
attached letter. He feels this material better reflects the
masonry character of Downtown. No other changes to the
project are proposed at this time.
RECOMMENDATION:
Approval to replace the stucco material for the interior
fire stair with burnished block.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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steve Russell
Stillwater Planning Department
216 North Fourth Street
Stillwater, Minnesota 55082
9 OCT 90
RE: Material substitution on 212 N Main st.
Dear steve,
Enclosed find drawings showing a material substitution on the
stair enclosure for 212 N Main St.
The Stillwater City Council previously approved a stucco
finish to the stair enclosure. We are seeking your approval
to substitute burnished block for the stucco finish. We feel
burnished block better reflects the masonry charactor of Main
Street, short of face brick. We have chosen a orange/red
colored agregate burnished block for the wall surfaces. We
are also using a rock faced block, colored t6 match the
existing limestone, as a base material.
We would like your approval of this substitute as soon as
possible to complete the enclosure before winter.
1;8f-
STEFAN ASSOCIATES
Tim Stefan
212 North
Main Street
Stillwater
MN 55082
6 1 2 , 430 , 0 0 5 6
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THE BIRTHPLACE OF MINNESOTA J
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
MAYOR AND CITY COUNCIL
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTO~
OCTOBER 11, 1990
REQUEST TO CONSTRUCT A SINGLE FAMILY RESIDENCE
ON A LOT WITH EXISTING SINGLE FAMILY RESIDENCE AT
1016 SOUTH SIXTH STREET.
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The applicant is requesting to construct a single family
residence on a lot that currently is occupied by an
existing single family residence. The applicant has
indicated they will tear down the existing residence after
the new one is built. The new residence meets the
development requirements of the R-B Residential Duplex
Di strict.
RECOMMENDATION:
Approval of request with condition that the property owner
enter into an agreement with the City stating that existing
residence will be removed when the new residence is
occupied and giving to the City the right to remove the
house at the property owners expense if it is not.
ATTACHMENT:
Letter from Cates Construction dated October 1, 1990.
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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..cates
l.;onstruction
Custom BuilderslRemodelers
10880 Penfield Avenue North -Stillwater, MN 55082
Judd
439-2844
October 1, 1990
Dear Mr. Steve Russell,
We are applying for a permit to build a house for Audrey
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C 430-0649-=-~
Cates, located at 1016 So. 6th St. Our proposal is to build
right behind the existing home as per site plan, with a
tit completion date approximately 90 days after the foundation
is completed.
The existing house will be removed as soon as the new
house is finished.
s~,~?re~v, ~/~/
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~cates Construction
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THE BIRTHPLACE OF MINNESOTA J
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MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: DOWNTOWN ACTION COMMITTEE
DATE: OCTOBER 11, 1990
SUBJECT: COMPOSITION OF DOWNTOWN PLAN ACTION COMMITTEE
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At its meeting of October 10, 1990, the Downtown Plan
Action Committee discussed the composition of membership on
the Commi ttee. Some members fel tit very important to have
more Downtown business persons and property owners
representation on the Committee. Currently, Dave Pohl,
Diane Rollie and Dick Slachta represent Downtown business.
The Committee felt additional representation should be
added to make sure businesses are aware of what
improvements will be made Downtown next year and to
participate in other improvement phasing decisions.
Three Downtown business owners were identified by the
Committee as having indicated interest in the Committee;
Paul Simonet - Simonet's Furniture, Linda Hinz - John's
Bar, and Mike McGuire - Brick Alley and Dock Cafe.
The Committee recommends that the resolution establishing
the Committee be amended to include three additional
Downtown business owners or property owners and that the
three people named above be considered for the positions.
ATTACHMENT: Resolution No. 7997.
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CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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RESOLUTION NO. 7997
ESTABLISHING DOWNTOWN PLAN ACTION COMMITTEE
A. PURPOSE
In order to help facilitate the improvement of the Downtown through the
implementation of the Downtown Plan, a Downtown Plan Action Committee is
established. The Committee shall abide by the terms and conditions as
described below.
B. COMPOSITION AND SIZE
The Committee shall have nine members, comprised of one member each from
the Planning Commission and Heritage Preservation Commission, two Council
members and five members of the community representing Downtown property or
business owners, representatives of financial institutions, past members of
the Downtown Plan Steering Committee and other residents interested in
improving the Downtown. The Committee shall be appointed for a two year
term beginning January 1989. All members shall be appointed by the City
Council.
C. ORGANIZATION
A Chairman and Vice-Chairman shall be elected annually from among the
committee members at the first meeting of January to serve at the pleasure
of the committee. '
,~ During the absence of the Chairman, the Vice-Chairman shall exercise and
perform all the duties of the Chairman.
D. DUTIES AND POWERS
1. The Downtown Plan Action Committee shall make recommendation to the
City Council regarding implementation of the Downtown Plan consistent with
the goals, objectives, guidelines, policies, plans and programs contained
in the plan.
2. The Downtown Plan Action Committee shall prepare an annual work program
report for Downtown improvements, including a multi-year capital
improvement program and financing plan. The report shall include a
description of previous years activities. The report should be presented to
the Council in October of each year.
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3. The Downtown Plan Action Committee shall exercise such functions with
respect to Downtown improvements as directed by the City Council.
4. The Downtown Plan Action Committee shall seek and obtain public
comments on improvement projects that affect business, property owners and
the community at large.
5. If any committee members should be absent for three consecutive regular
meetings of the Downtown Plan Action Committee without excuse, he/she shall
relinquish his/her seat in the Commission.
1
E. MEETINGS
1. Regul ar
schedule at
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2. Study Sessions/Work hops - The Committee may be convened as a whole, or
as a committee of the w ole, for purposes of holding a study session
provided that no official action shall be taken.
3. Agenda - the agenda for each meeting of the Downtown Plan Action
Committee shall be prep red by the Community Development Director or his
Staff with the cooperation and approval of the Chairman, or in his/her
absence, the Vice-Chair an.
e Committee shall establish a regular meeting
eting in January.
F. ORDER OF BUSINESS
1. The order of business shall be as follows:
a. The Chairman shall take the chair precisely at the hour appointed for
the meeting and shall immediately call the Committee to order.
b. Members present nd absent shall be recorded.
c. The agenda shall be approved as\submitted or revised.
d. The minutes of a y preceding meeting shall be submitted for approval.
e. Any member of th audience may comment on any matter which is not
listed on the ag nda.
f. The public shall be advised of the procedures to be followed in the
meeting. .
g. The Committee sh 11 then hear and act upon those proposals scheduled
for consideratio or public hearing, together with such other matters
of business and eport as the Committee or Community Development
Director finds t require Commission consideration.
e
2. Motions.
The Chairman of the Committee, or other presiding officer, may make and
second motions and ebate from the chair subject only to such
limitations of deba e as are imposed on all. members of the Commission.
3. Voting.
a. A quorum shall c nsist of five members.
b. The affirmative ote of a majority of Committee present is necessary
for it to take a tion.
c. Recommendation 0 the annual work program shall take a two-thirds
vote or the affi mative vote of six members.
4. Record of Votes.
The record of the C mmittee's proceedings shall show the vote of each
member, including i they were absent or qualified to vote on the
matter considered.
G. RECORD OF MEETING
The Community Developm nt Director shall be the Secretary to the Committee ~
and maintain a complet and accurate summary of meetings and proceedings. ~
2
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.
Adopted by Council this 6th day of December, 1988.
ATTEST:
j)~
JIl'L-M10L J-MJ ~'~HV
ITY CLERK
3
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 8381
e
Aiple Marine Company
American Linen Supply
A T & T
A T & T
Attitude Development Consultants
Bryan Rock Products
Capitol Communications
Century Laboratories
Clarey Fire Equipment
Classic Mold & Design
Construction Management
]\ssn of America
Cour ier, The
Croixside Press
Crysteel Distributing, Inc.
Ecolab Pest Elimination
Friden Corporation
Geo. Olsen Construction
Goodwill Industries, Inc.
Gopher State One-Call
Greeder Electric Company
G & K Services
Jim Hatch Sales
Junker Recycling Services
Junker Sanitation Service
Junker Sanitation Service
Lake Country ICBO
Lakes Gas Company
League Minnesota Cities
League Minnesota Cities
L. N. Sicke Is
MacQueen Equipment Company
Magnuson, David
Nasvik, Joseph C.
Nelson, Raleigh P.
N. W. Tire & Battery
Personnel Decisions, Inc.
Peterson, Bell, Converse, Jensen
St. Croix Animal Shelter
st. Croix Car Wash
St. Croix Drig Company
Short Elliott Hendrickson
Snyder Bros. #16
Stack, Barrett
Stafford, R. H. Washington
County Treasurer
e
6 - 50 Gallon Drums $
Linen Service
Lease/Rentals
Leased Equipment
Registration-Kriesel
crushed Rock
Batteries
Weed Killer
Fire Hose
Tap-Work at Lift Station
Seminar for 2
Publications
Letterheads
plow
Pest Control
Rental-Postage Machine
Chip Board
September Expenses
Locate Requests
Street Lights/Switch
Uniforms/Rugs & Mops
Gloves - 12 Pair
Recycling-September
Expenses-Hazardous Waste
Lift Stations/Drop Box
Seminar-zepper/Rylander
Propane
AMICUS Membership
Insurance Premium
Crack Filler
Seal
Legal Services
Sidewalk-4th & Pine
Settlement L. I. 251
Battery
Profile/Report
Settlement L. I. 251
September Charges
Squads Washed
Notebooks
Engineering
Batteries/Cat Food/Film
Mulberry Point Survey
Assessing 1990
36.00
121. 60
146.20
47.42
300.00
182.98
147.00
567.25
3,780.00
113 . 94
40.00
134.56
155.00
3 , 140.00
195.00
294.00
60.00
507.34
30.00
533.40
1,002.71
27.00
3,532.50
728.05
388.60
200.00
110.00
305.00
45,289.75
2,073.60
18.00
6,299.95
231. 22
975.00
61.51
50.00
8,713.40
550.00
20.00
3.98
5,758.66
98.85
1,920.00
28,541.30
Steiner, Robert J.
State of Minnesota
Stevensen, James R.
Stillwater Lions Club
Stillwater Photo
Stillwater Sunrise Rotary
Stillwater Towing
Superior Computer Exchange
T. A. Schifsky & Sons
Thompson Hardware Co pany
Twin City Testing
united Building Center
U. S. West Communications
Valley Auto Supply
Viking Office Products
Warren, Mack
i^latson, Dennis
Wybrite, Inc.
Yocum Oil Company
ADDENDUM TO BILLS
Action Rental
Anchor Paper company
Arrow Building Centers
A T & T
A T & T
Beberg, Byrdie
Boyum Equipment Comp
Brase, Dane Henry
Chavez, Joan
Clary's Safety Equip
Commissioner of Reve
Custom Fire Apparatu
Deblon, Diane
Joe's Precast, Inc.
League Minnesota cit'es
Metropolitan Waste C ntrol
Commission
Metropolitan Waste C
Commission
Motorola, Inc.
P. E. R. A.
Reliable Office Supp ies
State of Minnesota
Stillwater Towing, I c.
Traver, Joan
U. S. West Communica ions
Washington County Hu an Serve
WyBrite, Inc.
Settlement L. I. 251
Minnesota Statutes
Certification Fee
Dues-Russell
Film/processing
Dues-Kriesel
Tow Squad
Freight
Blacktop
Supplies
Soil Compaction Tests
Lumber/Cement
Telephone
Auto Parts
Supplies
Meals
programming
Mte. Agreement
Gas
Concrete
P ape r
Treated Timbers
Labor & Wiring
Long Distance Calls
Typing/Computer Entrys
Motor/Brackets
Refund-Parking Ticket
Reimbursement-Slax
Hose/Strainer/Adapter
Sales Tax-September
Repack Pump
Health Insurance
Storm Sewer
Membership
Sewer Service Charges
SAC Charge from Audit
Replace Microphone
Accrued Interest-Reuvers
Supplies
Minnesota Statutes
Tow Vehicle-Police
Refund-Damage Deposit
Telephone Charges
Evaluation-Widenstrom
Services-Computer
1,125.00
165.00
10.00
69.00
39.55
100.00
25.00
62.30
66.88
208.85
375.00
158.98
1,496.27
624.38
60.22
18.00
380.00
158.00
1,238.38
e
140.00
77.25
213 . 97
165.00
81.68
412.50
1,354.27
5.00
58.00
4,758.86
70.42
175.00
205.00
1,707.95
6 , 093 .00
e
70,033.98
620.00
156.00
10.89
20.88
165.00
84.00
300.00
233.34
75.00
158.92
e
CONTRACTORS APPLICATIONS
e October 16, 1990
Blichfeldt Builders General Contractor Renewal
1430 Frontage Rd.
Stillwatert Mn. 55082
Thomas S.Brownson Const., Inc. General Contractor Renewal
P.O. Box 281
S till wa te r, Mn. 55082
McGough Construction Co. General Contractor Renewal
2737 No. Fairview Ave.
St. Paul ,Mn. 55113
Donald McLellan General Contractor New
14847 60th St. No., #11
Stillwater, Mn. 55082
Jack Rice Construction General Contractor Renewal
8496 Lofton Ave. No.
Sti 11 water t Mn. 55082
Swanson Construction General Contractor Renewal
2108 Dundee Place
Sti 11 water, Mn. 55082
e Thell Construction General Contractor New
1933 Sicard Ln.
Somerset, Wi 54025
e
'i " .
CLAIM AGAINST CITY OF STILLWATER
e NAME OF CLAIMANT CJ+1JIR)!JG )/1 fbfJ).jG
ADDRESS JUo/:J SA-P-&-tJT AvE Sr fltu2/ jJ7;j SS/LlS-PHONE NO. 61g-2g~,
WHEN DID EVENT OCCUR? mor/o/J.'/; 5EfT 2'1 /fy{) I1-r 5-7/0/"?4
WHERE DID EVENT OCCUR? :1l~~ ~~ i~ J2-f4~
~ 7?r4~ ;O~ ~A~'~aY :J-7c11,77r~~ .b.
xI~~~~, /
WHAT HAPPENED?J- ,AO--OJ_--~~ to ~~1rv tz::t1..,? ~.4~-y~ v'-7c) c;;-
tV/~-- ~ (ia:-;~, ~)J.,~~ ~~ ~
#--Vz:?r 1'(l~1!~,7}!"1ftU-ru~~~, ~~,~
o .~~ ,-#;",,---d-u_~~ t~, ~~'
WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? .~~ ~{~ ~
~~~J~-f: f~~ h~c--U/~~fr--1CL/
~ tr~---'l~~( , ,
e
STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED
,J>> ~
NAME OF PERSON MAKING REPAIR; OR GIVIN:[CARE
/O-I-~O
DATE
SIGNATURE
You have to formally notify the City in writing within thirty (30) days of the
occurrence of an event whereby you feel you have suffered damages.
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Memo To: Mayor and Council
From: City Coordinator
Re: Appointments to Solid
Waste Advisory Comm.
Da: October 12, 1990
The Solid Waste Advisory Committee presently consists of six (6) active
members. At the last meeting only two members were able to attend due to
scheduling problems. Although this is not indicative of normal attend-
ance I am cc<rlcel"'1'"led that the Cornmi ttee meet i1'"19S be well atterlded ii~1 <:<l""d-
er to conduct the business at hand and to achieve the committee's charge
\o'lhich is tc< reseal"'ch volume base fee pricing systerns. I wc<uld thel"'efo'r'e
recommend that we increase the Committee membership by at least two more
me'mbel"'s. This l<'lC<uld actually put the membel"'ship at the same level as was.
"
in place when the Committee developed its first report to the Council.
Two Stillwater residents have expressed an interest in serving on the
Committee. They are: Jarrelle BOl""'den, 2577 HavJthc<l"'ne Lal"le, and Jc,h1'"1
Kroening, 1001 So. Third St.. I have talked to these individuals and
they appear to have the kind of interest and attitude that would qualify
to serve on the Committee.
For an update, the Committee continues to discuss the volume base fee
pricing system and I am confident that a recommendation can be made to
the Council by December and hopefully in time to implement by January 1
(assuming a vlume base fee system is adopted).
~
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Administrative Code No./?-j3'C
FINANCIAL DISCLOSURE STATEMENT
1.
your family who is living with you now, currently
Yes X No
Is anyone in
emp loyed?
If YES, please list the individual who is working, the
employer and how much he or she makes each month.
INDIVIDUAL
EMPLOYER
MONTHLY SALARY
2. List the amount of money your family receives each month from
any of the following sources:
(How much is received each month and
who receives it?)
KINDS OF INCOME MEMBERS OF FAMILY
RECEIVED HUSBAND WIFE WHO LIVE WITH YOU
1. Social Security J(; 1f tJ{)
(Exact amount of
the check)
2. Veteran's Benefits
3. Other Retirement
4. Money from Renters
S. Unemployment Ins.
6. Workers' Compo
7. Disability Ins.
8. Stock Dividends lIJ7,!;~ () (j
or Interest ......., ,
9. OTHER
(over)
Administrative Code No. /,5- J.~/)
3. List any Real Estate you own or are buying other than your home, ~
if any:
4. If you have not ma e all of the payments on your home, list your
monthly payment:
House Paymen
5. List your current
19312
6. List your Financia
Cash on Hand
Savings Acco
Stocks, Bond
Other
$
property tax
per month
$ tStJ. () (J
greater than $10,000)
$
$
Securities $
$
$
i.~ T h CL-o/,-
.1/ / It) 0 0 0
e
7. List any unusual m nthly expenses for which you are committed
to, such as hospit lfmedical payments:
TO WHOM
D L~ CA.--bJ',
j\/S
cJ. jJh~
/(~ ,'hf~./
APPLICATION
BE COMPLETED BY TIIE CITY
APPROVE DENIED
BY
AMOUNT
$ / S ;{. (')7.:) /' ~ -r::r7 c .
$ /0 g, 0 D / -€-A- 7770,
$ -S- o. 0 (') j.7 €A'.. .7~ ("f .
Da.te
~
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TRINITY lUTHERAN CHURCH 115 NORTH FOURTH STREET, STillWATER, MN 55082 612439-7400
October 16, 1990
Mary Lou Johnson
City Cl erk
Stillwater City Hall
216 North 4th Street
Stillwater, Minnesota
Dear Mary Lou,
e
Trinity Lutheran Church would like permission to hang their Yulefest
Banner over the intersection of Myrtle and Main from November 10 thru
November 17.
We would also like permission to tie balloons on the parking meter posts
on November 17. They would be put up and taken down the same day.
Thank you for your help.
Sincerely,
~fJ~
Gloria Williamson
Publicity Chairperson
e
MINISTRY TEAM DANIEL L. JOHNS BETSY A, DOlMAR lEONARD J. NADEAU RICHARD A MElHEIM lEMAN V. OlSENIUS
..
, "'SeJ
-ENCINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5I PAUL, MINNESOTA 55170 612490-2000
October 11, 1990
RE: STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENT SOIL
BORINGS
SEH FILE NO. 89255.01
Mr. Nile Kriesel
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Mr. Kriesel:
The design of the downtown improvements will require a
geotechnical investigation and the soil borings to be performed
along the proposed utility routes and street improvement areas.
e
We have received and included a proposal from Braun Engineering
and Testing, Inc., of st. Paul, to provide these geotechnical
engineering services. The cost as proposed is a worse case
scenario, and we would anticipate that through the use of the
Public Works staff for flagman and certain elements of traffic
control, that the cost would be reduced.
We would ask that the City Council review and approve the
Contracts for these services, so that the design of the downtown
improvement can proceed accordingly.
If you anticipate any questions, I would be happy to attend the
Council meeting to answer any questions that the City Council may
have.
If you have any additional questions prior to the meeting, please
feel free to give me a call.
Sincerely,
~~
Project Manager
MRK/wrc
Attachment
_
cc: Mr. Steve Russell, City of Stillwater
Mr. Dick Moore, SEH, Inc.
"C;,\)
\~..
i'J,.'" .
<\,
i\)1w
SHORT ELLIOTT
HENDRICKSON INC.
ST. PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
BRIlOn'.
Quality Services Since 1957
e
ENGINEERING TESTING
Incorporated
e
e
MINNESOTA
Minneapolis
Hibbing
51. Cloud
Rochester
51. Paul
AFFILIATED OFFICES
NORTH DAKOTA
Bismarck
Williston
Minot
MONTANA
Billings
Bozeman
ILLINOIS
Chicago
CONSULTING ENGINEERS/
GEOTECHNICAL AND MATERIALS
Reply to address/phone #:
245 East Roselawn Ave.
st. Paul, MN 55117
(612) 487-3245
Fax. (612) 487-1812
October 9, 1990
J.S, Braun, P,E, C ty of Stillwater
Cameron G, Kruse, P,E, i
~i~i~~'~j~~~~'PE. C/O Short-Elliott-Hendrickson, Inc.
David R. Hausler,P,E 3535 Vadnais Center Drive
Roger V. BlomqUist, PhD,
James JCraig, Jr.. P,E. st. Paul, MN 55110
Dale R. Allen, P,E.
Wm, M Weyrauch, P,E.
Thomas R. Blumberg
Michael M,Heuer, PE Attn: Mr. Michael R. Kraemer, P.E.
Kurt E, Dvorak
Norman E, Hall
Ray A, Huber, P,E,
William K, Cody, P,E,
AFFILIATED COMPANIES
Braun Environmental
Laboratories, Inc,
Braun Pavement
Technologies, Inc,
RE: PN90-160
PROPOSAL FOR SOIL BORINGS &
GEOTECHNICAL ENGINEERING REPORT SERVICES
Proposed Downtown Improvement Project
SEH File #89255.01
Stillwater, MN
Dear Mr. Kraemer:
As requested by your letter of September 26 and
subsequently discussed in our meeting of October 2, 1990,
are please to furnish this proposal for soil borings
preparation of a geotechnical engineering report for
Stillwater Downtown Improvement project.
as
we
and
the
DESCRIPTION OF PROJECT
We understand that the improvements planned will include
replacing and repairing sanitary sewer and water main at
various locations, reconstructing of most street services,
as well as replacement of curb and gutter and sidewalk. You
have indicated plans are to be completed by December 15,
1990, with bidding and construction to occur in the early
spring of 1991. Completion of the geotechnical
investigation is desired by November 9, 1990. In the event
subsurface conditions warrant additional investigation, you
have indicated that the additional investigation should also
be completed by November 9.
I
PN90-160 l
City of Stillwrter
SCOPE OF SERVI ES
- 2 -
October 9, 199.0
e
The request or proposal indicates that 22 borings are
desired at ra her even spaced intervals through the area.
The boring are to extend to a depth of 15 feet, unless poor
soils are ncountered which may necessitate deeper
investigation. Our experience in the area suggests deep
fill laden with woody debris may be encountered in the
northern area. For purposes of this proposal, we have
included costs for extending borings ST-17 and ST-19 to a
depth of 50 eet. It is, our intention to drill these
borings firs, in the event additional borings are
subsequently d emed warranted. It is also our intention to
clear utili ti s at intermediate points between/near these
borings, to l'mit the potential for unnecessary delays for
utility cleara ceo Borings into rock would be extended to
refusal or 15 eet, whichever is less.
We also propos to have our drilling coordinator and project
engineer meet with your representative in the field during
staking.
The borings w
Sampling woul
IS-foot dept,
thereafter.
The possibilit
you in regards
are dominant
presumably ref
be necessary
installed in
requirements.
uld be taken using penetration test methods.
be conducted at 2~-foot intervals to the
and 5-foot intervals when sampling
of installing piezometers was discussed with
to locations ST-3 and ST-ll. If clean sands
at these locations, water levels will
ect river levels nearby. Piezometers may not
in this case. The piezometers would be
ccordance with Minnesota Department of Health
e
Laboratory te ts will be conducted to provide additional
data as a bas's for making engineering recommendations. We
envision thes tests would consist primarily of mechanical-
hydrometer an gradation analyses. R-value testing was
requested. As uming the typical soils will be rather clean
sand or that design parameters will necessitate use of
imported clea sands, we do not presently envision R-value
testing will b required.
The engineeri g report will provide Log of Boring sheets,
discuss subs rface conditions encountered, and provide
recommendation and opinions to address the various concerns
mentioned in our request for proposal. In addition, we
e
l BRIIOn'l
, .
PN90-160
City of Stillwater
- 3 -
October 9, 1990
e
would provide recommended soil parameters for jacking of
utilities beneath the railroad tracks. We have also assumed
two meetings will be needed with you to discuss the
findings.
When working in highly developed areas, underground
contaminations is sometimes found. We would contact you in
the event contamination is encountered. For a nomimal fee,
a representative of Braun Environmental Laboratories, Inc.
would be available to discuss possible implications of such
contamination with you and the City. We have not included
costs for a detailed analysis of such contamination at this
time, since such costs would depend on the severity, the
source of the contamination, and other factors.
BASIS FOR PROPOSAL
e
We will furnish these services on an hourly or unit cost
basis, in accordance with the attached hourly or unit cost
SCHEDULE OF CHARGES. The succeeding tabulation shows the
estimated breakdown for each type of service as well as some
of the key assumptions. Footnotes are provided next to some
of the services which the City may be able to perform at a
lower cost and items which may be optional. The total
estimated cost for services ( without adjustment) is
$14,100.00. If flagging is not needed, the piezometers are
not installed, and no R-value testing is included, the
estimated cost would be $10,600.00.
Due to the size of this proj ect, we are offering a 10%
discount on the services. Thus, the actual total estimated
cost is $12,690.00 or $9,540.00. These costs would not be
exceeded without additional authorization. Additional
services, if needed, would also be provided at a 10%
discount.
GENERAL
CUrrent scheduling will permit us to begin these services
upon receipt of authorization. On the order of four days
would be required to stake the borings and clear utilities.
Drilling would require approximately six additional days.
Due to the time constraints involved, the boring information
would be reviewed by the project engineer as it is received,
in the event that additional investigation is necessary
beyond that presently envisioned.
Terms on payment for services are net 30 days with interest
added to unpaid balances, in accordance with the attached
GENERAL CONDITIONS which are a part of this proposal.
e
l RRllon'j
PN90-160
City of stillwater
- 4 -
October 9, 1990
",
We appreciate the opportunity to present this proposal.
This proposal is being presented in duplicate so that one e
copy may be signed and returned as an authorization to
proceed. Due to the time constraints, we are prepared to
mobilize upon your verbal authorization.
We look forwa d to working with you on this project. If you
have any gues ions or if we can be of further assistance,
please contac Colby Verdegan at 487-3245.
Very truly yours,
BRAUN ENGINEERING TESTING, INC.
COlb~:X~~tr;'E ,
Senior Project Engineer
CTV:bat
Enclosures: CHEDULE OF CHARGES
ENERAL CONDITIONS
abulation
ACCEPTANCE OF PROPOSAL
-
Authorization to Proceed:
please procee according to the above stated terms:
Date
Client's Name
Authorized Signature
Title
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l BRIIUn'1
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PN90-160 PROPOSAL FOR SOIL BORINGS &
GEOTECHNICAL ENGINEERING REPORT SERVICES
Proposed Downtown Improvement Project
SEH File #89255.01
Stillwater, MN
Item
Key Assumptions
Initial staking reconnaissance
(with SEH and two utility meets)
Staking & Utility
Clearance
"Coning Off" parking
for drilling in
downtown
Parking areas essentially clear at
6 a.m. and City permits drilling in
stalls where street access is poor
Street Signs &
Flagmen
Rental of signs for duration with
flagmen only needed on Main Street
~ roughly 2~ days for two people
Drilling & Installation
for 15-foot Piezometers
installed in ST-3 and
ST-11
Includes one day for installation
as well as materials and permits.
Does not include steam cleaning
or screen
Drilling up to 50 feet
through deep fill at
locations ST-17 and ST-19
Approximately one day of
drill i ng
.illing for Typical
5-foot holes
(remaining 18 of 22 holes)
Approximately four days
of dri 11 i ng
Laboratory Testing
Classification testing and
one R-value
Engineering & Secretarial
& Meetings
Includes submittal of preliminary
logs preparation of report, and
two meetings with SEH.
* 1 = Assumes no flagmen needed or City to provide flagmen.
BRAUN to provide necessary signs.
2 = Alternate cost if no piezometers are installed at the
two locations proposed.
3 = Alternate cost if borings 1 imi ted to 15-foot depth
for initial "phase".
4 = Alternate cost if no R-va1ue test is needed.
e
Estimated
Cost
$ 500.00
$ 150.00
$ 1,200.00
$ 2,500.00
$ 1,150.00
$ 5,000.00
$ 700.00
$ 2,900.00
$14,100.00
Alternate
Cost
* $ 150.00 1
* $ 400.00 2
* $ 400.00 3
* $ 350.00 4
l RRIIUDl
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,
,.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COUNTY OF WASHINGTON
DEPARTMENT OF PUBLIC WORKS
PROJECT PATH REPORT
for
S.P. 82-664-01, M 5295()
COUNTY PROJECT 91-6402
Washington County Road No. 64, located between CSAH 15 and CSAH 5
in Stillwater Township and the City of Stillwater, Minnesota.
Proposed Improvements: Grading, Drainage Structures, Aggregate
Base, Concrete Curb and Gutter, and Bituminous Surfacing and
Shouldering.
Recommended:
lk~_1k~__
Donald C. Wisniewski, P.E.
Director of Public Works
Washington County
10 {~..o
Date f:"
Nile Kriesel
City Administrator
City of Stillwater
Date
Reviewed and Recommended:
Elmer Morris, Jr., P.E.
District State Aid Engineer
Date
Approval:
Dennis C. Carlson
Director, Office of State Aid
Date
t;,-,.~ IA"l--17~ -"ccil.,'-\ 'r'~'~ ;; ~ ~-'f'-=n' · -'~
,~ ~:L~l .Alr' - "1' ....",. \ z ~ :(":.'Q r " 'I' ..4 =1: ,~. , · L ' ;r..
1 row. ,_ .. ..0.......... . ... ~ ~.I - .' 1[( Il
I ... ~...ki>-: .... IT ,"7 ] ,... ~ r:\ .,. i"<< r.. ~ 1 v
~ I ^ ,~T"', b:'t _ .... i'\: ;, . > ri"e.., llj:A.. .....'~ -' " 1 ~
U(L..I ,_<<V, " ~tf .\~ l~ .~~. '\'\ J.. \..'\l~,'l!. ~ '.. ,,~~
Iii"" ' " '" v .. . ,,\.' ~ ~ u - ..' ,. ·
....-.~.-' . w ... : -' --' · ~ -,,!. ... -, ·
~:. ! l.~r\ ~:rr~~.)-~~~u~~~~~4~
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County Road 64 ", ' ~rown's c~eek :'
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County Road 64 Area Map
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F 101-111 ~
DRIVING LANE l
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0'-21 ~
GRASS SHOULDER I
~~
DITCH " VAR. SLOPE
DEPTH 2'-4' 2:1 TO 3:1
WIDTH VAR.
TYPICAL SECTION
EXISTING CR 64
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VAR. SLOPE
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0.3
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1981
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COlIlty Road 64 Traffic Counts (ADT)
1982
1983
1984
1985
1986
1987
1988
1989
PROJECT PATH REPORT
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Washington County Road No. 64 from CSAH 15 (Manning Avenue)
easterly to CSAH 5 (Owens Street) in Stillwater Township and the
City of Stillwater in Washington County, Minnesota.
I. OPENING STATEMENT:
This Project Path Report has been prepared and submitted in
accordance with the approved Highway Project Development Process.
II. HIGHWAY SECTION LOCATION AND DESCRIPTION:
A. HIGHWAY SECTION TERMINI: County Road 64 has as its western
terminus Mn. TH 96 (Dellwood Road) and CSAH 5 (Owens Street) as
its eastern terminus. Total length of the road is 3.71 miles.
B. PROJECT SEGMENT TERMINI: The proposed construction is located
on that portion of County Road 64 between CSAH 15 (Manning
Avenue) and CSAH 5 (Owens Street). The length of this road
segment is 2.57 miles (13,589 feet). Traffic counts taken in 1989
indicate an ADT of 1,278 east of CSAH 15. Based on this count the
20 year projection is 2173.
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C. EXISTING ROADWAY: County Road 64 presently consists of a 20'-
22' bituminous driving surface with aggregate shoulders which
vary from 0'-4'. The bituminous surfacing of this road is highly
deteriorated. Many areas are prone to "alligator" cracking and
the surface shows much patching material. It was originally
constructed in 1900 as Washington County State Aid Road No. 8
then taken over as Mn. T.H. 96. It became part of the County Road
system again in 1950 and was last resurfaced in 1952.
The alignment of this road segment is quite straight and
relatively flat from CSAH 15 to approximately one mile east at
which point the terrain becomes rolling hills and the horizontal
alignment curves around wetlands and Lake McKusick. The present
alignment necessitates advisory speed limits as low as 20 MPH. An
excessively steep vertical alignment at the Minnesota
Transportation Museum's railroad crossing (Sta. 770+60) requires
an advisory speed of only 10 MFH. Present speed limits are set at
50 MPH from CSAH 15 to 1.25 miles east (McKusick Road Court) and
at 35 MPH from there to 1/2 mile west of CSAH 5 where it is
reduced to 30 MPH. There are three areas which require advisory
speeds lower than the posted limits.
Neal Avenue North has been closed from 800'
since 1969 when its bridge over Brown's Creek
portion of Neal Avenue from 800' south of C.R.
will be reconstructed in conjunction with
improvements in a joint project with the City of
south of C.R. 64
collapsed. That
64 to 600' north
the C.R. 64
Stillwater.
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Existing Right of Way varies from 50' to 100'. Statutory right of
way, with widths varying from 50' to 100' exists west of the
Stillwater city limits. From that point east to Neal Avenue the
right of way width is 100'. Between Neal Avenue and the Minnesota
Transportation Museum's railroad crossing it is 83' wide. Between
the railroad crossing and Amundson Drive it is again 100'. East
of Amundson Drive to Maple Street the right of way narrows to 83'
and from Maple Street to CSAH 5 it narrows further to 50'.
County Road 64 crosses Brown's Creek, a designated trout stream,
at two points, approximately 0.9 and 1,4 miles east of CSAH 15
respectively (Sta. 745+65 and 774+70). Neal Avenue also crosses
Brown's Creek at approximately 525' south of station 751+20 (
0.97 miles east of CSAH 15). The proposed construction will not
result in any permanent disruption of its flow.
D. PROPOSED IMPROVEMENTS: The improvements planned for this road
call for regrading and realignment with construction to include a
24' bituminous driving surface with eight foot paved shoulders
between CSAH 15 and Neal Avenue and from Neal Avenue to CSAH 5 a
32' urban section with concrete curb and gutter. A berm for
future sidewalk construction will be provided in areas with curb
and gutter. Sidewalk may be constructed as part of this contract,
however, this will be the decision of the Stillwater City Council
and any action will be taken after the public hearing is held.
The road will be realigned to meet Federal Aid Urban standards.
With this project that portion of Neal Avenue North from 800'
south of C.R. 64 to 600' north of C.R. 64 will be reconstructed
as part of a joint project with the City of Stillwater. That
part of Neal Avenue south of C.R. 64 will consist of a 24'
bituminous driving surface with 4' gravel shoulders. Neal Avenue
north of C.R. 64 will be a 34' urban section similar to that used
on C.R. 64. An upgraded crossing will be provided for the
Minnesota Transportation Museum's railroad track (Sta. 770+60)
and a crossing will be provided for golf carts and maintenance
vehicles at the Oak Glen Golf Course (approximately Sta. 771+50).
III. ALTERNATIVES:
A. ALTERNATE LOCATION: There are no feasible alternate locations
due to residential construction on either side of the road.
Further, a large portion of the road (much of that part within
the Stillwater city limits) abuts Lake McKusick to the south and
residential property to the immediate north thus leaving no
alternative to its present route.
B. OVERLAY ALTERNATIVE: This alternative was rejected since it
does nothing to alleviate the deficiencies inherent in the
present alignment: the curves which do not meet the design speed
and the blind railroad crossing are not aided by repaving. Adding
to the insufficient shoulder width is not possible without
extensive regrading. Road Rater testing of the existing pavement
shows an effective R-value as low as 6 and an effective gravel
equivalent as low as 8.9 inches. Overlaying on this subgrade will
not provide many years of additional service.
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C. DO-NOTHING ALTERNATIVE: The do-nothing alternative has been
rejected because of rapidly increasing traffic volumes on the
road due mainly to the large amount of residential construction
in the immediate area. These homes also contribute a substantial
amount of pedestrian and bicycle traffic. An additional factor is
the recreational traffic. The Oak Glen Country Club and its golf
course is located on either side of the road from about 1.3 to
1.6 miles east of CSAH 15 (station 770 to 785). These
considerations, along with the substandard alignment and failing
pavement, mandate reconstruction.
IV. OBJECTIVES OF THE PROPOSAL:
A. EXISTING DEFICIENCIES: The primary deficiency of this road
segment is its alignment. It does not meet present-day design
criteria for lane width, shoulder width, or load carrying
capacity. Its horizontal alignment does not meet even its
relatively slow posted speed limit. The extremely poor stopping
sight distance at the Minnesota Transportation Museum's railroad
crossing, once mitigated by the low volume of train traffic, is
now compounded by pedestrians, golf carts, and maintenance
vehicles at the golf course crossing in this area. Along with
increased pedestrian and bicycle traffic, the continuing
development along the road increases the number of service
vehicles such as school buses, refuse haulers, and mail
carriers. A suitable shoulder should be provided for them.
Existing drainage structures are inadequate in many cases. Runoff
created by recently constructed residential streets will be
directed through a storm sewer system. The stream crossing at
approximately Station 774+70 presently flows through one 64" span
arch pipe and another 64" span arch pipe which lies on edge next
to it. Neal Avenue has been closed since 1969 due to the collapse
of the bridge where it crossed Brown's Creek. These will be
replaced with properly sized and placed culverts.
Seasonal load limits of six tons are now necessary.
Reconstruction to nine ton standards will eliminate the need for
seasonal restrictions.
Existing inslope ratios do not conform to current standards. The
reconstructed road will adhere to them and also to specifications
for obstacle free clear zones.
B. PROJECT GOALS: The purpose of this proposal is to provide a
safer roadway with better driveability. New alignment conforming
to current standards of vertical and horizontal curvature and of
width and side slope will acomplish this while reducing
maintenance costs.
C. PROJECT COST: Preliminary estimates place the cost of this
project at approximately $945,000.00, based on 1990 prices for
similar work. Of this, $500,000.00 will be paid by the City of
Stillwater through Federal Aid Urban funding. The remainder will
be paid through County funds.
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D. PROPOSED CONSTRUCTION YEAR: Construction of that portion of
the road lying within the limits of the City of Stillwater (east
of Neal Avenue) is planned for 1991. The segment lying west of
Neal Avenue is scheduled for 1992. However, local bonding monies
may permit this section to be constructed concurrently with the
east portion in 1991.
E. TYPICAL ROAD USERS: County Road 64 is classified as a low
density collector. It links CSAH 5 in the City of Stillwater with
Mn. TH 96 as well as with CSAH 15. Much of the ADT of 1,278 is
residential commuter traffic though a significant portion is
recreational traffic associated with the Oak Glen Country Club
and Golf Course. Approximately five to seven per cent of the ADT
of 1278 is heavy commercial.
V. PUBLIC AND AGENCY INVOLVEMENT:
A. PUBLIC MEETINGS OR HEARINGS: A public hearing will be held to
solicit public opinion on this project.
B. WASHINGTON COUNTY BOARD OF COMMISSIONERS: This project is part
of the Washington County Capital Improvement Program.
C. CITY OF STILLWATER: The City of Stillwater has been notified
of this project and has no objections.
D. STILLWATER TOWNSHIP: Stillwater Township has been notified of
this project and has no objections.
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E. MINNESOTA DNR: Since this project involves the crossing of a
designated trout stream, a DNR permit will be required, and the
County will apply for a permit.
F. U.S. ARMY CORPS OF ENGINEERS: Since this project involves the
placing of fill into a waterbody, Section 404 of the Clean Water
Act of 1977 applies and a Nationwide Permit is required and has
been applied for and a determination by the Corps of Engineers is
pending as to whether an individual permit is also required.
G. U.S. COAST GUARD: Since this project affects no navigable
bodies of water, no Coast Guard permit is required.
VI. ENVIRONMENTAL STUDY:
A. SECTION 4(f) LANDS: There are no Section 4(f) Lands; public
parks, recreational areas, wildlife or waterfowl refuges within
one half mile of this project, therefore, none will be used for
this improvement. No Wild or Scenic Rivers nor State Canoe and
Boating Rivers will be affected.
B. NATIONAL HISTORIC PRESERVATION ACT: The State Historic
Preservation Officer has been contacted to determine what, if
any, effect this project will have on sites of historic,
cultural, or archeological significance. This review was
~ requested on June 25, 1990.
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Co. ENDANGERED SPECIES ACT: In accordance with the Federal
Endangered Species Act of 1973 as amended (16 USC 1531-1543), the
Mn/DOT Wildlife Biologist has determined that the proposed
project will not have adverse effects on threatened or endangered
species because it is not located within the breeding or
wintering range of any such species, as given in the U.S Fish and
Wildlife Service Red Book.
D. RIGHT OF WAY: This project will require the acquisition of
approximately 6.'5 acres of additional right of way. Approximately
30-40 property owners will be affected. It will not displace any
homes or businesses.
E. FARMLAND PROTECTION POLICY ACT: On October 5, 1990 Washington
County conferred with the Stillwater office of the Soil
Conservation Service. A review of the 1982 NRI map indicated that
though there may be some encroachment on farmland (less than .62
acre between Sta. 725+00 and 738+50 Rt.) its effect is minimal.
F. AIR QUALITY: The air quality impact of the proposed
improvement has been analyzed. The proposed improvement is not
anticipated to have significant air quality impact and is
considered consistent with the approved State Implementation
Plan (SIP). A Memorandum of Understanding with the Minnesota
Pollution Control Agency (MPCA) specifies an air quality
analysis, which demonstrates that the project is considered
consistant with the approved SIP, is considered as accomplished
for highway proposals inside of a Standard Metropolitan
Statistical Area where the annual average daily traffic is not
expected to exceed 10,000 vehicles per day (including
intersecting traffic) within ten years following construction.
This highway proposal meets those criteria. This project is in an
area where the SIP is required to contain transportation control
measures. The SIP was approved on June 16, 1980. The Metropolitan
Planning Organization passed a resolution on December 21, 1989
certifying that their transportation planning process fulfills
all aplicable federal requirements; Mn/DOT concurred on December
29, 1989. The FHWA accepted the Transportation Improvement Plan
on January 31, 1990 and made the finding that the projects were
developed in accordance with the provisions of 23 CFR Part 450,
Subparts A and B.
G. TRAFFIC NOISE: The proposed highway project is not on a new
location, is not a significant change in horizontal or vertical
alignment, and will not increase the number of through lanes.
Therefore, the procedures for abatement of highway noise and
construction noise (FHPM 7-7-3, effective August 9, 1982) do not
apply.
H. CONSTRUCTION NOISE: Construction noise has been considered and
no impact is anticipated as no unique noise receptors have been
identified in the area of the proposed project and the
construction activity is not expected to generate unusual or
excessive noise.
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r.. SECTION 404 OF THE CLEAN WATER ACT OF 1977: This project will
likely result in an encroachment of greater than one acre into
adjoining wetlands, however, since it will not result in a
substantial adverse modification of these wetlands, the work will
be allowed under Nationwide General Permit 001- Mn. A written
determination by the Corps of Engineers showing concurrence is
pending.
J. FLOODPLAIN IMPACTS: A risk assessment on Brown's Creek will be
performed during design. This assessment will address flood risk
to life and property.
K. EXECUTIVE ORDER 11990, U.S. DOT ORDER 5660.1- PROTECTION OF
WETLANDS: Construction at Brown's creek will result in no
permanent alteration of either the direction or volume of its
water flow.
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This project will result in some encroachment into marshland at
the west end of McKusick Lake and into the lake itself, both of
which lie immediately to the south of County Road 64 from
approximately Station 785 to 835. Encroachment will be minimized
through the use of an urban curb and gutter road section in this
area and by keeping the new alignment as far from the wetlands as
practical. The close proximity of houses to the north makes
completely avoiding the wetlands impossible, however.
Construction will require that approximately .53 acres of
marshland and .52 acres of lakeshore be filled. This represents
approximately 0.008% of the marsh and 0.0113% of the lake's
surface area. Precautions will be taken to ensure that water
quality will not be affected by the construction. The proposed
action will not cause any flooding and should prevent future
erosion. Effects on plant life, fish, and wildlife will be
minimal. Construction will not affect recreational, cultural, or
scientific uses of the wetland.
The location of this road between the homes for which it provides
access and these wetlands makes any alternate route impractical
from both cost and utility standpoints.
The above factors and considerations establish that there is no
practical alternative to construction in the wetlands located
along County Road 64 and the highway proposal contains all
practical measures to minimize harm to the wetlands which may
result from such use.
L. WATER POLLUTION: Pollution of wetlands will be mitigated
through the use of silt fence, silt curtain, and/or other
standard erosion controls. Where culverts are to be replaced at
the stream crossings unsuitable bedding material will be replaced
with select granular material and so should have no adverse
effects on turbidity or purity of the water.
M. HAZARDOUS WASTE: This project will have no effect on the
transportation, storage, or disposal of any hazardous waste.
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N., MITIGATION OF DAMAGES: Appropriate measures will be taken in
the design and construction of the project to minimize adverse
environmental or socio-economic impact. There may be some
inconvenience to patrons of the Oak Glen Country Club and Golf
Course but every attempt will be made to minimize this. Other
than this, little or no negative impact is foreseen.
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O. CONTROVERSIAL ISSUES: There are no known controversial issues
associated with this project.
P. AESTHETIC VALUES: Since
reconstruction of an existing
alignment, neither the view
road will be significantly
foreseen.
this project involves the
road on essentially the same
of the road nor the view from the
changed: no negative impact is
VII. DETERMINATION STATEMENT:
MINNESOTA ENVIRONMENTAL QUALITY BOARD: This project is being
reviewed through the State Environmental Review Program of the
Minnesota Environmental Quality Board (MEQB). The project has
been determined to meet the Minnesota Rules of 1985, amended
October 20, 1986 Part 4410.4600 Subp. 14C. for highway project
exemption category- Modernization of an existing roadway by
resurfacing, restoration, or rehabilitation which may involve the
acquisition of minimal amounts of right of way.
FEDERAL ACTION DETERMINATION: Based on the Environmental Study in
accordance with 23 CRF Part 771.117(d)(1) it is determined that
the proposed improvement is a Class II Action (categorical
exclusion) anticipated to have no foreseeable change on the
quality of the human environment.
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PROJECT SCHEDULE:
PROJECT PATH REPORT
STATE REVIEW OF PPR
REVISED PROJECT PATH REPORT
SUBMIT PPR FOR APPROVAL
PUBLIC HEARING
COMMENT PERIOD END DATE
DESIGN STUDY
DESIGN APPROVAL
BEGIN RIGHT OF WAY ACQUISITION
APPLY FOR DNR/COE PERMIT
BEGIN EMINENT DOMAIN (if necessary)
OBTAIN PLAN APPROVAL
RIGHT OF ENTRY
ADVERTISE FOR BIDS
OPEN BIDS
AWARD BIDS
START PROJECT
CONSTRUCTION
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June 1990
August 1990
October 1990
October 1990
October 1990
November 1990
November 1990
January 1991
February 1991
March 1991
March 1991
May 1991
June 1991
June 1991
July 1991
August 1991
September 1991
April 1992
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PROJECT MANAGER:
Richard D. Herold, P.E.
Design/Construction Engineer
Washington County Public Works
11660 Myeron Road
Stillwater, Mn. 55082
(612) 439-6058
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SOCIAL, ECONOMIC, AND ENVIRONMENTAL ISSUES
ISSUE
QUESTION
---------------------------------------------------------------------------
IMPACT
Will the Project...
YES NO
---------------------------------------------------------------------------
? PPR
ITEM
REFERENCE
Access Control
---------------------------------------------------------------------------
x
change access to
properties?
Aesthetics
affect visual quality
of road?
Air Quality
affect air quality?
Bicycles and
Pedestrians
affect bicycle and lor
pedestrian travel?
x
Critial Areas
be in the Mississippi
River critical area?
Economic Impact
affect business or have
other economic impact?
x
Endangered Species
affect any endangered
species?
Energy Impact
have major energy
implications?
Erosion
have potential erosion
control problems?
x
Excess Material
require disposal of
excess material outside
of construction limits?
Farmlands
require any right of way? X
Floodplains
encroach on any flood- X
plain ?
Groundwater
affect groundwater?
Handicapped Access
affect sidewalks or curb
and gutter?
x
VI-O
X
X
VI-F
IV-A
X
VI-M
X
VI-C
X
VI-K,L
X
VI-D
VI-IJ,K,L
X
II-C
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SOCIAL, ECONOMIC, AND ENVIRONMENTAL ISSUES
ISSUE
Hazardous Waste
Historic, Cultural,
Archeological Sites
Land Use
e Noise
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Parks, Recreation
Right of Way
Stream Modification
Social
Controversy
Traffic
Transit
Vegetation, Wildlife
QUESTION
Will the Project...
involve any hazardous
waste disposal/storage
sites or routes?
affect any sites?
be consistant with local
planning goals?
affect sensitive
receptors?
use land from any park,
wildlife or waterfowl
refuge or recreational
site?
require additional right
of way acquisition?
change the course or
cross section of any
stream?
affect public safety,
sensitive groups, or
access to public
facilities?
be controversial?
correct safety
deficiencies? require
detours?
affect transit routes?
affect vegetation, fish,
or wildlife?
YES NO
x
x
x
x
x
x
IMPACT
? PPR
ITEM
REFERENCE
x
x
VI-B
x
VI-G,H
x
VI-A,B,C
VI-D
VI-I,J,K,L
IV-A,B;
VI-M,O
x
VI-N
II-A,B;
III-C;
IV-A,B
x
II-B;VI-A,
C,I,J,K,L
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SOCIAL, ECONOMIC, AND ENVIRONMENTAL ISSUES
---------------------------------------------------------------------------
ISSUE
QUESTION
IMPACT
---------------------------------------------------------------------------
Will the Project...
YES NO
? PPR
ITEM
REFERENCE
---------------------------------------------------------------------------
Water Quality
affect water quality of
lakes, streams, or
wetlands?
x
VI-K,L
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affect wetlands within
construction limits?
x
Wild/ Scenic Rivers
affect wild or scenic or
state canoe and boating
rivers?
x
V-E,F;VI-I
J,K,L
VI-A
Section 404
affect Sec. 404 of the
Clean Water Act?
x
VI-I
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STATE OF MINNESOTA
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OFFICE OF THE GOVERNOR
ST. PAUL 55155
RUDY PERPICH
GOVERNOR
October, 1990
The Honorable Wallace Abrahamson
Mayor
City of Stillwater
City Hall
216 North Fourth
Stillwater, Minnesota 55082
Dear Mayor Abrahamson:
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Before any more time passes we want to let you know that the
letter you sent regarding the visit of President Mikhail and
Raisa Gorbachev to Minnesota, June 3, 1990 was received. We
wish that it could have been arranged for Cub Scout Pack 114
to be involved with the visit, but we received hundreds of
requests similar to yours, and we simply could not grant all
these wonderful requests.
As you know, the Gorbachevs' visit here was very short,
therefore the Soviet Advance Team played a large role in
planning the itinerary for the day. However, we have sent
your letter on to President Gorbachev so he is aware of your
request.
To be a Scout requires self-direction, perseverance, and
exceptional talents. It is a very rewarding experience that
is carried throughout a lifetime.
We are proud that the Gorbachevs were able to visit our
great state and see the wonderful people such as yourself,
who live here. All our best to you and your cub scout
troop.
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LOLA PERPICH
First Lady
EOUAL OPPORTUNITY EMPLOYEr ·
5......7~
WASHINGTON COUNTY
PUBLIC WORKS DEPARTMENT
11660 MYERON ROAD NORTH · STILLWATER, MINNESOTA 55082-9573
612-439-6058 Facsimile Machine 612-430-0472
Donald C. Wisniewski, P.E.
Director Public Works/County Engineer
Mark L. Mattson,
Assistant Director Public Works
Richard D. Herold,
Design/Construction Engineer
John P. Perkovich.
Parks Director
Lawrence W. Bousquet,
Traffic and Maintenance Engineer
October 2, 1990
Lyle C. Doerr.
Facility Manager
Mr. Nile L. Kriesel,
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
Coordinator
Re: CSAH 23/ Third Street & Orlean Street Intersection
Dear Mr. Kriesel:
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In response to Stillwater I s request for an all-way stop at the
above-referenced intersection, we have conducted a traffic engineering
investigation with the following results. The accident information through
September 30, 1990 indicates that there were four accidents over the past
twelve month period. Of those four accidents, three were of a type
susceptible to correction by the installation of an all-way stop. The
accident warrant as outlined in the Minnesota Manual on uniform traffic
control devices requires five accidents before an all-way stop can be
installed.
We have reviewed the traffic volumes at the above-referenced intersection and
find that they are not high enough based on the required warrants for
installation of an all-way stop.
Based on this information, an all-way stop is presently not warranted.
However, we will continue to monitor the intersection and when warrants are
met we will take the necessary action.
If you have any questions regarding this matter, please give me a call.
Sincerely,
~.~quet
Traffic and Maintenance Engineer
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Washington County does not discriminate on the basis of race, color, national origin,
sex, religion, age or handicapped status in employment or the provision of services.
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October 1, 1990
Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor and Council Members:
At the City Council meeting on September 18, 1990, you approved
the request from the Stillwater Elks for the sale of Christmas
trees at the Lily Lake tennis courts. The members of the Parks
and Recreation Board believe that the proper procedure would have
been to refer this request to the Board for a recommendation
before City Council action was taken.
The Board would appreciate having an opportunity for input into
such decisions in the future, as has been done in the past.
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Recreation Board
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October 1, 1990
Mayor and City Council
City of Stillwater
216 North Fourth street
Stillwater, MN 55082
Dear Mayor and Council Members:
At the Parks and Recreation Board meeting on September 25, 1990,
the Board discussed the impending retirement of Parks
Superintendent Dick Blekum on January 15, 1991. The members of
the Board are concerned because we recognize the importance of
the Parks Superintendent's position. We feel that the Parks
Department should remain a separate and distinct department, and
not be combined with any other department within the City.
We also recommend that the Parks Superintendent position remain
as it is, and that it not be combined with any other position. In
order to find a suitable replacement for Mr. Blekum, we feel that
this position should be posted within the City as soon as
possible.
Thank you for your consideration of this matter.
Recreation Board
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>~ Telephone (612) 458-0936
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i i:i:!!iI Washington County Housing and Redevelopment Authority
321 Broadway Avenue . Saint Paul Park, Minnesota 55071
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EXECUTIVE DIRECTOR
Dennis L. Balyeat
October 9, 1990
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Mr. Nile Kriesel/Coordinator
City of Stl I (water
216 North Fourth Street
Stl I Iwater, Minnesota 55082
Dea r Nil e :
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As you may be aware, the Washington County Housing and Redevelopment
Authority has for several years been working with the Metropolitan Counci I
HRA for an orderly transfer of the Section 8 Program in Washington County
to local control. The HRA has reached agreement with Metro HRA to begin
turning over the program In Aprl I of 1991.
For the past six years the Authority has carried out 80% of the
administration of the program for Metro HRA, Including al I applications,
building inspections, etc. It has been the Washington County HRA's
position that the program participants and the communities are best served
when under local control. From both the client's and the muncipality's
standpoint, the major benefit of local control is the abil ity to deal with
problems in a more expeditious manner. Metro Council HRA has done an
excel lent Job in administering the program. However, since the 450 plus
in Section 8 certificates and vouchers In Washington County is only part
of close to 4,000 certificates/vouchers, their abil ity to respond to
issues can sometimes be delayed. Additionally, from an administrative
standpoint, the HRA can operate the program In a more efficient manner,
which benefits al I concerned.
If you have any questions regarding the HRA's Intent, please do not
hesitate to contact me.
Sincerely,
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Dennis L. Balyeat
Executive Director
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BOARD OF COMMISSIONERS
District 1, Thomas Paul . District 2, M. Neal Erdahl . District 3, Robert Lafayette . District 4, David Kriesel . District 5, Elmer Morris
METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street. St. Paul, MN. 55101 612291-6359
October 1, 1990
Mayor Wallace Abrahamson
City of Stillwater
1301 Cottage Drive
Stillwater, MN 55082
Dear Mayor Abrahamson:
The Metropolitan Council has recently begun discussions with the Washington County HRA to
consider its proposal to operate a Section 8 Rent Assistance program in Washington County
independent of the current Metropolitan Council Housing and Redevelopment Authority (Metro
HRA) program.
If the Metropolitan Council accepts the Washington County HRA request, the county HRA would
assume all responsibility for the program. In addition to providing direct services to county clients,
the HRA would take on the financial and other management services currently provided by the
Metro HRA. I
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We invite you to comment on this proposal at the next Metro HRA Advisory Committee meeting
on Thursday, October 11, 1990 at 9:00 a.m. The meeting location is Conference Room 2A in the
Metropolitan Council offices, Mears Park Centre, 230 East Fifth Street, St. Paul.
If you have any questions on this matter, or would like to speak at the meeting, please contact me
at 291-6306.
Sincerely,
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Tnomas C. McElveen
HRA Division Manager
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Mayor
Chuck Halama
Rochesl('\", 1VI inncsola
00902
lIaII
ALL-A~IERlCA CITY
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October 5, 1990
Dear Mayor:
The seeds for the 1991 League of Minnesota Cities Conference to
be held in Rochester, June 11-14, have been planted. The local
planning committee has met twice, and the state planning group of
forty eight volunteers met for its first meeting in september.
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We need to now sow a few of the seeds and cultivate them with
care. We are planning an opening ceremony involving youth. We
are asking all the cities to send us your city flag by May 15,
1991 to the Mayor's Office, Room 200. city Hall. Rochester. MN
55902. We would like to have them 3' x 5' standard size. We
plan to begin the conference with young people marching in with
all the flags from cities throughout the state.
If you don't have a city flag, why not initiate a flag selection
committee and select one for your city.
Hope you'll send us your flag by May 15, 1991.
Mayor
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aS$ociation of
metropolitan
municipalities
October 15, 1990
BULLETIN
AMM MEMBER LOCAL OFFICIALS:
Attached are the recommendations for 1991 Legislative Policy from the
five standing committees of the AMM and the Board of Directors.
Please review the policies with your council for action at the
membership meeting scheduled for the evening of November 1, 1990. A
notice containing specific meeting details will follow.
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Note that a new Section of Endorsed policies has been added. These
are LMC or other organization policies in which the AMM concurs but
will not actively lobby. This is in keeping with the goal to focus
AMM effort on major concerns to metropolitan area officials and
cities that are not being addressed by other groups.
The Board of Directors would like to point out that some significant
changes or additions were made to several major policies and asks
that you review these policies with extra care. Major changed or
added policies include; I-C Local Government Aid, I-D-1 Homestead
Class Rates, II-F Contractor Licensing, III-B-1 cities Development
and Economic Development responsibilities, III-B-3 Tax Incremen~
Finance, III-C Land Use Planning, IV-G-4 Regional Bonding for
Regional Parks, IV-I-1 Integrated Waste Stream Planning, IV-I-3
Metropolitan County Responsibilities, and v-o Metropolitan Tax.
Again, this year, the Board is requesting the membership to help
establish policy priority. Please indicate below your five highest
priority policies and if this is an individual or a city council
determination. These will be collected at the November 1 meeting.
Respectfully,
Larry Bakken, President
Association of Metropolitan Municipalities
TOP POLICY PRIORITIES
ELECTED OFFICIAL
APPOINTED OFFICIAL
CITY COUNCIL
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2.
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(CITY NAME - OPTIONAL)
183 university avenue east, s1. paul, minnesota 55101 (612) 227.4008
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PRO P 0 SED
POL I C I E S
AND
LEG I S L A T I V E PRO P 0 S A L S
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1991
OCTOBER 4, 1990
THIS DOCUMENT PRINTED ON RECYCLED PAPER
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INDEX
PART ONE
MUNICIPAL REVENUES AND TAXATION
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I. MUNICIPAL REVENUES
A. LEVY LIMITS
1. Repeal
2. Index
B. LEVY LIMIT MODIFICATIONS
1. Realistic Levy Base
2. Reverse Referendum
3. Mandated State and Federal Programs
4. Special Levies and Base Adjustments
C. LOCAL GOVERNMENT AID
1. Aid Program
2 . LGA Formula
3. State Commitment
4 . Minimum Aid
D. PROPERTY TAX
1. Homestead Class Rates
2. Non-Governmental Tax Exempt Property
3. State Owned Tax Exempt Property
4. Property Tax Reform
E. GENERAL FISCAL IMPACT POLICIES
1. Fiscal Note continuation
2. Funding Shifts
3. State Revenue Stability
PAGE NUMBER
1 - 10
1
1
1
2
2
2
3
3
4
4
4
5
5
5
5
6
6
7
8
8
9
9
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PART TWO
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II. GENERAL LEGISLATION 11 - 20
A. LABOR RELATIONS SUES (PELRA) 11
1. Disciplinary 11
2. Impasse Resol tion/Binding Arbitration 11
3 . Picket Lines 12
4. Unfair Labor Practice charges 12
5. Part Time Em loyees 12
6. Bureau of Me iation Services 12
B. TORT LIABILITY 12
C. DATA PRIVACY AND OPEN MEETING 13
D. POLICE AND FIRE PROVISIONS 14
1. Investment E (13th. Paycheck) 14
2. Employee Con ribution Amount 15
E. OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL 15
F. CONTRACTOR LICEN 15
G. CONTRACTORS PERF BONDS 16
H. POLICE OFFICER S ANDARDS AND TRAINING (POST) 16
RECRUITMENT.
I. STATE AGENCY MAKING 17
J . SHADE TREE PROGRAM 17
K. CONCURRENT ENT AND .ANNEXATION 18
L. DATA PRACTICES 19
1. LIQuOR LICEN E APPLICATION 19
2 . GENERAL PUBL 19
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PART THREE
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
III. HOUSING AND NEIGHBORHOODS 21 - 34
A. HOUSING AND NEIGHBORHOODS 21
1. Examine Local Requirements 21
2. Practices Which Increase Housing Costs 21
3. Mandatory Land Use Standards 22
4. State and Regional Housing Policies 22
5. Federal Housing Policy 23
6. Local Housing Policy 23
7. Housing In The Metropolitan Area 24
4It 8. Neighborhood Liveability 25
9. State Licensed Residential Facilities 28
Group Homes
B. ECONOMIC DEVELOPMENT 29
1. Cities Development and Economic Development 31
Responsibilities
2. Equal Treatment of cities 31
3. Tax Increment Financing 32
4. Local Option for Development organization 32
structure
5. County Economic Development Authorities 33
(EDA's)
C. LAND USE PLANNING 33
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PART FOUR
ETROPOLITAN AGENCIES
IV. PHILOSOPHY WITH RES TO METROPOLITAN 35 - 49
GOVERNMENTAL AGENCI
A. GOVERNMENTAL AGENCIES 35
B. CRITERIA FOR OF METROPOLITAN 35
ORGANIZATION
C. STRUCTURES, P IMPLEMENTATION AND 36
FUNDING OF METR POLITAN SERVICES AND PROGRAMS
1. Policy Plan ing - Implementation 36
2. Funding for Provided Services 36
3. Regional Ta and User Fees 37
D. COMPREHENSIVE NING - LOCAL AND REGIONAL 37
INTERACTION
E. COMBINED SEWERS - SEPARATION 38
F. METROPOLITAN CO CIL BUDGET/WORK PROGRAM PROCESS 38
1. Budget Detail and Specificity 38
2. Reliance on Property Taxes 39
3. ation 39
G. METROPOLITAN P S AND OPEN SPACE FUNDING 39
1. Maintenance (0 & M) Funding 40
2. Funding for Impacts of Regional Parks on 40
ies
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4.
Improvement
Regional Bo
ing Process for Capital
rants
40
3.
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Regional Parks
41
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H. WATER MANAGEMENT IN METROPOLITAN AREA 41
I . WASTE STREAM MANAGEMENT 42
1. Integrated Waste Stream Planning 43
2. Hazardous and Dangerous Waste Management 44
3. Metropolitan/County Responsibilities 45
4. Local Solid Waste Management Responsibilities 46
5. Funding 46
6. Organized Collection 47
7. Host cities and Cleanup Responsibilities 48
PART FIVE
TRANSPORTATION
V.
TRANSPORTATION
A. STREET AND HIGHWAY FUNDING
B. MOTOR VEHICLE EXCISE TAX TRANSFER
C. HIGHWAY AND TRANSIT INTEGRATION
D. METROPOLITAN TRANSIT SYSTEM FUNDING
E. HIGHWAY JURISDICTIONAL REASSIGNMENT AND FUNDING
F. STATE AND COUNTY HIGHWAY TURN BACKS
G. CSAH DESIGNATION
H. '3C' TRANSPORTATION PLANNING PROCESS - ROLE
OF ELECTED OFFICIALS
I. LARGE TRUCKS (TRIPLE TRAILERS)
J. MTC REDUCED SERVICE AREA MILL RATE
K. SEAT BELTS
L. PEAK HOUR INTERSTATE TRUCK BAN
-v-
50 - 58
50
50
51
51
51
52
53
53
54
54
55
55
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M. REGIONAL TRANSIT 55
N. MSA SCREENING CO ITTEE 56
O. METROPOLITAN TAX 57
PART SIX
E DORSEMENT POLICIES
VI. ENDORSEMENT POLICIES (!.MC POLICIES) 59 - 65
A. TRUTH IN TAXATION 59
B. RESERVE FUNDS 60
C. SALES AND MOTOR V HICLE EXCISE TAX 61
D. STATE ADMINISTRAT VE COSTS 61
E. COMPARABLE WORTH 62
F. LIQUOR ISSUES 63 e
G. ECONOMIC DEVELOPM NT AUTHORITIES 63
H. MUNICIPAL DISTRICTS 63
I. HAZARDOUS SITE C REDEVELOPMENT 64
J. TOLLWAY AUTHORIZA 64
K. ROAD ACCESS CHARG 65
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I
MUNICIPAL REVENUES
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PAGE 1 THROUGH 10
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LEGISLATIVE POLICIES
1991-1992
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I
MUNICIPAL REVENUE AND TAXATION
I-A LEVY LIMITS
A-1 LEVY LIMIT REPEAL
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The Association of Metropolitan Municipalities has consistently
opposed the levy limit laws in that they apply uniform statewide
restrictions to cities and are too inflexible to accommodate
inflation, uncertanties in state and federal financial aids, and
the diverse problems and circumstances faced by cities throughout
the state. Such laws are inconsistent with principles of local
self-government and accountability. Neither do they recognize
changing local conditions as to either expenditure needs or
revenue sources. Levy limits may ultimately work against the
interests of local taxpayers because the law creates an incentive
for cities to take maximum advantage of the opportunity to make
general or special levies. For example, the arbitrary decision in
1981 to create a new levy limit base effectively penalized those
cities that were successful in holding down their property tax
levies in 1981. This was done again in 1987 and 1988. History has
now provided cities with numerous lessons teaching that cities
which choose to levy less than the maximum allowed in a given year
risk being later tied to unrealistic or artificially low new
limits for future budget years. Therefore,
THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS
AND RECOMMENDS THAT THE MINNESOTA LEGISLATURE ALLOW LEVY LIMIT
LAWS FOR CITIES TO SUNSET PER CURRENT LAW FOR TAXES PAYABLE 1993.
A-2 LEVY LIMIT INDEX
The 1985 Legislature reversed the annual levy limit base increase
index from the greater of the Implicit Price Deflator or 5% to the
lessor of these. In 1987 this was changed to 3%, 1988 to 4%,
and 1989 to 3%. For many years cities argued that the levy base
increase should not be a flat percentage but be indexed to reflect
cost of doing business. This is especially true since labor costs
are 60 to 65 percent of the total municipal cost, yet because of
the state PELRA laws control of wages and wage increases often is
determined by outside arbitration. Also, during those years, of
flat percent increase, many adjustments and gimmicks were needed
to keep up but with the adoption of the Implicit Price Deflator as
an index, this would not be necessary.
THE AMM URGES THE LEGISLATURE
INCREASE TO THE IMPLICIT PRICE
ONLY INDEX OF ACTUAL NEED.
TO RESTORE THE ANNUAL LEVY BASE
DEFLATOR, SINCE THIS IS THE
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I-B LEVY
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Although the AMM is strongly opposed to Levy Limitations as
currently legislated the organization is aware that there is
significant legislati e initiative to maintain the responsibility
for local property t x levels. However, local government must
continue and be allowe to provide for services that people demand
and that state and f deral law require. Therefore, for taxes
payable in 1992 and thereafter if repeal is not adopted, the
Association supports mendments to the present levy limit law to
provide further relief from current inequities.
B-1 REALISTIC LEVY
The 1983 legislature estored the pre 1982 levy base formula of
local government aids plus levy limit on which annual growth is
calculated without re ard to actual levy. This method provides
that cities may lev less than the limit without losing the
ability to regain the underlevy in future years. The legislature
also provided growt based on an index rather than a flat
percentage and growth increase for the greater of population or
households and some ase growth for commercial and industrial
activity. All of the e growth factors are necessary as a minimum
to allow cities the bility to at least stay even with service
provisions for the v rying population needs. The 1987 and 1988
legislature eliminate the underlevy reserve and the use of C/I
for growth. The 1989 Legislature reduced population growth to
one-half.
THE AMM STRONGLY URG
FULL POPULATION OR H
GROWTH. ELIMINATING
WITHOUT LOS ING THE
CERTAINLY GUARANTEE
B-2
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S A RETURN TO BASE ADJUSTMENTS INCLUDING
USEHOLD GROWTH AND COMMERCIAL/INDUSTRIAL
ABILITY TO LEVY LESS THAN THE MAXIMUM
IFFERENCE FOR THE FUTURE WILL ALMOST
T CITIES MUST LEVY THE MAXIMUM.
The 1981 legislature liminated the Reverse Referendum procedure
which allowed a local governing body to increase its levy base by
up to 10% if it was a 98% or more of the levy limit the previous
year. The law rest icted use to a one time 10% increase or
up to 10% in mul tipl steps and pUblic hearing procedures. The
increase was subject 0 a referendum if a petition was presented
containing signatures equal to 5% of the number of persons voting
at the previous. gener I election. If no petition was received,
the increase becomes e fective. This provision provided a measure
of flexibility for ci ies and counties that needed base increases
for various reasons. The 1988 Legislature eliminated all city
referendum ability for property tax increase.
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THE AMM REQUESTS THE LEGISLATURE RE-ENACT THE REVERSE REFERENDUM
e AND REFERENDUM PROVISIONS TO ADD FLEXIBILITY FOR LOCAL UNITS.
B-3 MANDATED STATE AND FEDERAL PROGRAMS.
The cost of local government is being influenced more and more by
both state and federally legislated mandated programs and
increased mandated benefits or costs for in-place programs. Due
to current levy limitation restrictions, the ability of local
government to pay these increased costs is severely restricted,
thereby causing in many instances, a reduction in the level of the
traditional service functions of police, fire, street, etc. There
is a vast range of mandated program increases which have no
bearing or relationship to the annually allowed levy limit
increase. Some of these include worker's compensation benefits,
binding arbitration, federal social security, minimum wage laws,
comprehensive planning, Critical Areas Act, Shorelines Act, OSHA,
etc.
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THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED
EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INCREASE IN
FUNDING ABILITY MANDATES A DECREASED EXPENDITURE IN THE OTHER
SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE, WHEN NEW
PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED, THE
LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING ASSISTANCE
ALONG WITH, AS APPROPRIATE, A PERMANENT LEVY LIMIT BASE INCREASE
TO OFFSET THE NEW COSTS.
B-4 SPECIAL LEVIES AND BASE ADJUSTMENTS
The legislature has in the past recognized that occasionally
special conditions exist that require special funding or
modification of a cities current funding in order to continue the
ability to finance ongoing required services. The special levies,
except for bonded debt and pension costs, as delineated in
Minnesota Statutes 1987, Section 275.50 were eliminated in 1988 as
were levies for Economic Development Authorities, Infrastructure
replacement and other special activities. It is imperative that
the legislature reconsider elimination of these levies. Generally
for cities as a whole the amount levied is insignificant compared
to total property taxes. However, on an individual local level
they can be very significant and without this ability could lead
to a drastic reduction in the ability to protect the Public
Heal th, Safety and Wel fare of the people of the state. In
addition to these special levies eliminated by the 1988 tax bill
the legislature should consider levies for natural disasters,
lawful orders, Eurasian Milfoil treatment, and shifts of service
costs from one jurisdiction to another as well as levy base
adjustments for permanent mandated or shifted activities including
Comparable Worth (pay equity) adjustments, waste recycling
activities, drug enforcement, and truth in taxation.
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-3-
TO ALLOW CITIES THE ABILITY TO EFFECTIVELY CONTINUE PROVIDING ~
SERVICES THAT PROTECT THE HEALTH, SAFETY AND WELFARE OF MIHNESOTAS
CITIZENS, THE AMM NCOURAGES THE LEGISLATURE TO RESTORE THE
SPECIAL LEVIES ELIMIN TED IN THE 1988 TAX BILL, CREATE HEW SPECIAL
LEVIES FOR NECESSARY OR LIMITED MANDATED ACTIVITIES SUCH AS DRUG
ENFORCEMENT AND ERASI MILFOIL TREATMENT AND TO PROVIDE LEVY BASE
ADJUSTMENT FOR P MANDATED ACTIVITIES SUCH AS PAY EQUITY
PAYROLL INCREASES, COSTS ASSOCIATED WITH WASTE RECYCLING
ACTIVITIES, AND TRUTH IN TAXATION.
I-C LOCAL GOVERNMENT AID
C-1 AID PROGRAM
state Aid to cities h s been a much debated legislative issue for
two decades. Over th t time the formula(s) have ranged from pure
per capita, to need ased on value and service, to a distribution
based on location and past spending. Homestead Credit has changed
to Homestead Aid and is no longer a direct taxpayer subsidy. New
gimmicks such as Dis arity Reduction Aid (Mill rate equalization)
and Tax Base Equaliz tion Aid, have been invented to target money
to various regions hen the general aid formula could not be
politically justifiab y rigged to work. Because of the regional
fracturing or becaus cities and city aid has become an easier
less emotionally bac ed target, the legislature has begun what
appears to be a sys ematic shift from city aid to school and 4t
county assistance pro rams.
THE STATE SHOULD CONT NUB A LOCAL AID COMMITMENT TO CITIES TO HELP
MAINTAIN REASONABLE PROPERTY TAXES ON A FAIR BASIS FOR THE
PROVISION OF NECES ARY PUBLIC HEALTH, SAFETY, AND WELFARE
SERVICES.
C-2 LGA FORMULA
It is time for the C1 1es and the legislature to return to basics
and develop a single rationally' based formula for redistribution
of state collected we Ith to continue the state commitment for the
prov ision of neces ary publ ic health, safety, and welfare
services by city gove nment to the states citizens.
A SINGLE STATE AID FO LA SHOULD BE ADOPI'ED
THAT CONTAINS SEVERAL ELEMENTS TO HELP STABILIZE THE COST OF BASIC
LOCAL SERVICES. THE F RMULA SHOULD CONSIDER:
-WEALTH OR TAX CAP CITY:
- PROPERTY TAX BURO RELATIVE TO INCOME:
-THE SERVICES WI ARE NECESSARY AND THUS SHOULD BE SUPPORTED
BY THE STATE: AN
-AN APPROPRIATE SUPPORT LEVEL FOR THE VARIOUS INCLUDED
SERVICES.
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e C-3 STATE COMMITMENT
The state, when faced with budget shortfalls, has been quick to
solve its problem on the back of city government and thus local
taxpaying constituents that have been promised certain services.
The majority of cities do not have the states budget reserve nor
two year cycle flexibility and therefore cannot make major budget
adjustm~nts in mid year. .
THE LEGISLATURE, WHEN SOLVING BUDGET PROBLEMS, SHOULD NOT TAKE
AWAY OR REDUCE LOCAL GOVERNKENT AID, HOMESTEAD AND AGRICULTURAL
CREDIT AID, OR TAX BASE EQUALIZATION AID IN THE SAME YEAR IT HAS
BEEN BUDGETED BY LOCAL GOVERNMENT. IF THE STATE BUDGET RESERVE
HAS BEEN EXHAUSTED AND CUTS IN A CURRENT CALENDAR YEAR ARE STILL
NECESSARY, THEN THE STATE SHOULD ALLOW LOCAL UNITS TO RECOVER CUTS
IN THE FOLLOWING BUDGET YEAR.
ANY FUTURE AID REDUCTION MADE BY THE LEGISLATURE SHOULD BE
RECOVERABLE BY INCREASED LEVY AUTHORITY.
C-4 MINIMUM AID
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The old Homestead Credit program guaranteed that all homeowners
would receive at least some redistribution of their sales and
income tax revenue back in the form of lowered property taxes.
Under the current system, homeowners do get a calculated property
tax reduction but there is not necessarily a payment from the
state to the city for that calculated reduction. In fact some
cities now no longer receive any LGA, TBE, or HACA of any kind,
thus, local tax rates for all property are higher.
THE STATE SHOULD CONTINUE A MINIMUM AMOUNT OF AT LEAST HACA AID TO
EACH COMMUNITY IN FAIRNESS AND TO UPHOLD THE ORIGINAL COMMITMENT
TO ALL OF THE STATES TAXPAYERS.
I-D PROPERTY TAX
D-1 HOMESTEAD CLASS RATES
Homestead taxable value is determined by applying 1% to the first
$68,000 market value, 2% to the market value between $68,000 and
$110,000, and 3% to the market value in excess of $110,000. This
triple split rate causes an artifcial difference in market value
compared to taxable value especially between outstate and the
metro area. The vast majority of homes in outstate Minnesota are
valued at less than $68,000, thus, taxed at the 1% rate while in
the metro area many, especially newer homes, are in excess of
$100,000 and pay taxes based on 2% and 3% of significant portions
of their value. The split rate system also causes geometrically
progressive tax rather than just progressive. A $120,000 home
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pays 3 times the tax of a $60,000 home while a $240,000 home which ~
is 4 times the value of a $60,000 home pays 9 times the tax. ..
Higher valued property should pay proportionately higher taxes but
not geometrically high r taxes. Although, the ideal solution from
a fairness perspective would be a single rate for homestead
property regardless 0 market value, the AMM will support a two
tier system as a desi eable step in the direction of establishing
a fair property tax sy tem.
D-2 NON-GOVERNMENTAL T
ING TO A TWO TIER HOMESTEAD ClASS TAX RATE
OF 1t ON VALVE UP TO $68,000 MARKET VALUE
2t ON MARKET VALUE OVER $68,000. WHILE THE
TATE INCREASE BACA TO OFFSET THE EFFECTS OF
SYSTEM, IN ANY EVENT, LOCAL UNITS OF
T BE PREVENTED FROM RECOVERING THE LOST
THE AMM SUGGESTS
SYSTEM, THE FIRST TI
AND THE SECOND TIER 0
AMM PREFERS THAT THE
GOING TO A TWO TIE
GOVERNMENT SHOULD N
REVENUE THROUGH LEVY.
EXEMPl' PROPERTY
One of the glaring ine ities in the Minnesota tax system involves
the free local servic s that are provided to tax exempt property
owned by certain non governmental organizations. It is widely
acknowledged that uch property benef its directly from
governmental service such as pOlice and fire protection and
street services provi ed by cities and counties. However, since
there is not legal ba is for claiming reimbursement for the cost
of such services, t ey are borne by the local taxpayers. ~
Furthermore, such property is concentrated in certain cities and ~
counties resulting in heavy cost burden in certain parts of the
state.
THE ASSOCIATION BELl S THIS PROBLEM SHOULD BE CORRECTED BY
ENACTING LEGISLATION, QUIRING OWNERS OF TAX EXEMPl' PROPERTY,
EXCEPr FOR CHURCHES, OUSES OF WORSHIP, AND PROPERTY USED SOLELY
FOR EDUCATIONAL PORro ES BY ACADEMIES, COLLEGES, UNIVERSITIES AND
SEMINARIES OF LEARNING TO REIMBURSE CITIES AND COUNTIES FOR THE
COST OF MUNICIPAL SERV CES.
D-3 STATE AND METROPO TAN AGENCY OWNED TAX EXEMPT PROPERTY
The State of Minnesota and Metropolitan Agencies owns a
significant amount 0 property within the metropolitan area.
Cities provide a range of services that benefit these properties.
However I since the th yare exempt from paying property taxes,
municipalities are not reimbursed for the cost of these services.
This places an unreaso able burden on cities.
The State of Wisconsin established a program called "Payment for
Municipal Services" in 1973. The program provides a mechanism for
municipalities to be eimbursed by the state for services they
provide to state-owned properties. Through a formula based on the
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value of state-owned buildings within a city, the Wisconsin system
reimburses cities for police, fire, and solid waste services.
THE AMM ENCOURAGES THE STATE LEGISLATURE TO ESTABLISH A PROGRAM
FOR REIMBURSING MUNICIPALITIES FOR SERVICES TO STATE AND
METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE
THAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT
THEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR
SERVICES THAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE
AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA AND
METROPOLITAN AGENCIES.
D-4 PROPERTY TAX REFORM
Many significant changes in the property tax system have been made
since the 1988 Session. The AMM believes it is critical that any
future proposals be evaluated on the basis of their impact on
individual communities. A proposal that may appear balanced on a
statewide basis can have very disparate effects on individual
cities.
The difference in property tax burdens among taxpayers living in
neighboring tax jurisdictions which provide similar services must
also be kept within reasonable limits. Any significant tax burden
disparities would adversely affect cities' abilities to compete on
a fair basis for residents and economic development.
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Tax increment districts are dependent on tax rates and assessment
ratios of the current property tax system. The financial
viability of those projects should not be jeopardized by
state-imposed changes in the tax structure. Likewise, enterprise
zone businesses have been recruited based on a commitment that
they would receive a preferential classification ratio in the
calculation of their property tax obligations. These development
districts should be protected from any negative consequences of
tax reform. The tax increment financing plan in effect at the
time legislation is passed should be the basis for determining
remedies.
In enacting any major reforms of the Minnesota property tax
system, including the complementary system of aids to local
government, the AMM recommends that the Legislature pursue
policies which meet the following conditions:
THE IMPACT OF THE PROPOSAL SHOULD BE THOROUGHLY ANALYZED, NOT ONLY
FOR ITS IMPACT STATEWIDE, BUT ALSO FOR ITS EFFECT ON INDIVIDUAL
COMMUNITIES.
MAJOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING
JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR.
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ALL SIGNIFICANT CHANG S SHOULD BE PHASED IN SO THAT CITIES CAN a
ADEQUATELY PLAN FOR NEEDED ADJUSTMENTS. .
LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAM OF SHARING STATE
REVENUE FOR THE PURPO E OF EQUALIZING LOCAL PROPERTY TAX BURDENS,
SHOULD REMAIN AN ESS IAL COMPONENT OF THE PROPERTY TAX SYSTEM.
CATEGORICAL AID PROG SHOULD NOT BECOME A SUBSTITUTE FOR LGA
AND RELATED PROPERTY AX RELIEF PROGRAMS.
PROPERTY TAX REFORM
DISTRICTS WHOSE EST
CONTINUATION OF THE
TO RECOGNIZE EXISTING
CASH FLOW AND OBLlGAT
BE ADDRESSED.
SHOULD NOT JEOPARDIZE EXISTING DEVELOPMENT
LISHMENT AND FINANCING WERE BASED ON
TAX STRUCTURE. ANY TAX REFORM NEEDS
INCREMENT FINANCE DISTRICTS AND THEIR
IMPACT ON ENTERPRISE ZONES MUST ALSO
PROVIDING TAX RELIE FOR COMMERCIAL/INDUSTRIAL PROPERTY AND
HIGH-VALUED HOMESTEAD PROPERTY SHOULD REMAIN A HIGH PRIORITY.
TAX STATEMENTS SHOU ACCURATELY REFLECT HOW MUCH THE PROPERTY
BENEFITS FROM STATE AID RELIEF. THE CHANGES IN TAX STATEMENTS
MADE BY THE 1988 L GISLATURE HAVE THE POTENTIAL TO MISLEAD
TAXPAYERS ABOUT THE VALUE OF HOMESTEAD CREDIT/TRANSITION AID
PAYMENTS MADE TO LO GOVERNMENTS.
E-1
SHOULD IMPROVE EQUALIZATION FOR CITIES,
FOR INDIVIDUAL TAXPAYERS WITHIN THE
AMM PROPERTY TAX OBJECTIVES. AT THE SAME
OT MAKE MAJOR REDUCTIONS IN THE PROPERTY TAX
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THE PROPERTY TAX SYST
COUNTIES AND SCHOO
PARAMETERS OF OTHER
TIME, REFORMS SHOULD
BASES OF CITIES.
AN INCOME-ADJUSTED CI
CONTINUE.
RENTERS '
CREDIT SHOULD
SIMPLIFICATION AND A COUHTABILITY ARE DESIRABLE GOALS THAT SHOULD
BE ADDRESSED WITHIN ABOVE TENETS.
I-E GENERAL FISCAL I
Many laws are passed each year by the legislature which have a
substantial effect on the financial viability of cities. Some of
these, such as reve ue and tax measures, have an obvious and
direct effect which is often calculated and reported during the
hearing process. Man others, such as worker's compensation
benefit increases, ma dated activities, binding arbitration and
other labor related egislation, social programs, etc., have
costs which are not as obvious but which will now be known due to
a fiscal note require ent. Cities and others will now be able to
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determine the real cost of a program or suggestion and be able to
~ use this data in determining the merits.
THE STATE SHOULD CONTINUE
ITS MANDATED PROGRAMS AND
AOOPrED FISCAL NOTE STATUTE
ON ANY NEW MANDATED PROGRAMS.
A POLICY OF "DELIBERATE RESTRAINT" ON
UTILIZE EXTENSIVELY THE RECENTLY
IDENTIFYING LOCAL GOVERNMENT COSTS
E-2 FUNDING SHIFTS
The Minnesota House of Representatives Research Department
annually prepares 'Maj or State Aids and Taxes: A Comparative
Analysis'. The statistics for 1985, 1986, 1987, and 1988 show an
imbalance of state revenues collected and aids and credits
distributed between the metropolitan and outstate areas that is
growing each year. Over 65% of the State Revenue is collected in
the Metropolitan Area while significantly less than 50% of the
aids and credits are redistributed in the metro area. In 1987
there was $.65 returned in aids and credits for each dollar
collected in the metro area whereas, there was $1.44 returned per
$1.00 collected in greater Minnesota. If this trend is allowed to
grow , state tax and aid policies may jeopardize the future
economic growth of the metro area to the detriment of the whole
state.
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STATISTICS COMPILED BY THE HOUSE RESEARCH DEPARTMENT SHOW THAT THE
MAJORITY OF THE STATE REVENUE IS RAISED IN THE METRO AREA WHILE
ONLY A MINORITY OF THE STATE AIDS AND CREDITS ARE ALLOCATED TO THE
METRO AREA. WHILE SOME IMBALANCE IS ACCEPTABLE AND
UNDERSTANDABLE, THE AM:M REQUESTS THE LEGISLATURE TO NOT ALLOW THE
IMBALANCE TO GROW AND TO CONSIDER HOW THIS DISTRIBUTION OF
RESOURCES EFFECTS THE ECONOMIC GROWTH AND VITALITY OF THE METRO
AREA AND THUS THE ENTIRE STATE.
E-3 STATE REVENUE STABILITY
The AMM has in the past supported a state budget reserve of a
sufficient size to allow the state to overcome unexpected Revenue
shortfalls in a given year. This supporting position was adopted
to prevent a repeat of the 1980 disaster where cities did not
receive certified State Aids that had become an integral part of
the budget. However, when faced with a similar shortfall in 1990,
the state legislature and administration again withheld needed
already budgeted State Aids. The state acted as if use of the
budget reserve for its stated purpose would somehow be bad and
that it was better to take away service resources froin citizens
and blame local government.
THE AKM SUPPORTS A CONTINUED STATE BUDGET RESERVE ONLY IF THE
STATE IS WILLING TO USE THE RESERVE IN TIMES OF REVENUE SHORTFALL
IN ORDER TO MAINTAIN THE BUDGETED COMMITMENTS MADE TO LOCAL
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GOVERNMENT. MAINTAIN NG A BUDGET RESERVE MERELY FOR THE SAKE OF
HAVING MONEY IN THE ARK WHILE ARBITRARILY CUTTING PREVIOUSLY
COMMITTED LOCAL EXP ITORES IS BAD PUBLIC POLICY AND IS DECEIVING
TO THE CITIZENS OF HI SOTA.
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II
GENERAL LEGISLATION
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PAGE 11 THROUGH 20
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II
GENERAL LEGISLATION
e II-A LABOR RELATIONS ISSUES (PELRA)
In addition to coverage under the Minnesota Public Employee
Labor Relations Act, public employees find their employment
relationship governed by a number of laws that can conflict with
their collective bargaining rights negotiated under PELRA.
Disciplinary actions against a public employee can be governed by
the veterans preference law, the human rights act, federal
discrimination laws, civil service or merit systems, laws relating
to specific employee classes (i.e. city managers) or specific job
protections (i.e. right to know or workers compensation laws) or
by state and federal due process or implied contract provisions.
PELRA should be amended to encourage successful negotiation of the
"terms and conditions of employment". Specifically, constraints or
artificial timelines on the parties' ability to bargain, should be
amended.
A-1 DISCIPLINARY ACTION
PUBLIC EMPLOYEES INCLUDING VETERANS SHOULD HAVE "ONE BITE" IN
DISCHARGE ACTIONS. THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT SHOULD CONTROL THE ACTION, AS LONG AS STATE AND
FEDERAL DUE PROCESS RIGHTS ARE GUARANTEED.
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THE DISCHARGE PROCEDURES RIGHTS UNDER ANY LAW OR SYSTEM SHOULD
BE HELD BEFORE A NEUTRAL PARTY AND SHOULD BE HANDLED WITHIN 120
DAYS OF THE DISCIPLINARY ACTION INITIATED BY THE PUBLIC
EMPLOYER.
COMPENSATION PAYMENTS
PERMITTED WHERE AN
EMPLOYER'S INTENT TO
AND ACCRUAL OF BENEFITS SHOULD
EMPLOYEE HAS BEEN GIVEN NOTICE
DISCHARGE FOR "JUST CAUSE."
NOT
OF
BE
THE
THE VETERANS PREFERENCE LAW,
PROBATIONARY EMPLOYEES WITHOUT A
THAT ALL PROBATIONARY EMPLOYEES
PROHIBITING DISMISSAL OF
HEARING, SHOULD BE AMENDED SO
ARE TREATED UNIFORMLY.
A-2 IMPASSE RESOLUTION/BINDING ARBITRATION
ALL PUBLIC EMPLOYEES, REGARDLESS OF JOB CLASSIFICATION, SHOULD
HAVE THE RIGHT TO STRIKE. HOWEVER, A STATUTORY MECHANISM SHOULD
BE PUT IN PLACE THAT ALLOWS A PUBLIC EMPLOYER TO ADDRESS PUBLIC
HEALTH, SAFETY AND WELFARE CONCERNS IN THREATENED OR ACTUAL STRIKE
SITUATIONS.
PUBLIC EMPLOYEES SHOULD BE REQUIRED TO PARTICIPATE IN MEANINGFUL
MEDIATION UNTIL AN IMPASSE IS DECLARED BY THE MEDIATOR. THE
ARBITRARY STATUTORY IMPASSE TIME LINES SHOULD BE REPEALED.
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PUBLIC EMPLOYEES,
GIVE ONLY ONE NOTICE 0
STRIKE. IF THE NOTICE
STATUTORY PERIOD, THEY
IMPASSE IS DECLARED, SHOULD BE ALLOWED TO
THEIR INTENT TO EXERCISE THEIR RIGHT TO
IS GIVEN AND THEY FAIL TO STRIKE DURING THE
WOULD LOSE THEIR RIGHT TO STRIKE.
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THE AMM STRONGLY URG S THE LEGISLATURE TO READOPl' ITEM BY ITEM
LAST BEST OFFER ST ARBITRATION TO PROMOTE MORE MEANINGFUL
NEGOTIATIONS FOR ESS IAL EMPLOYEES.
PUBLIC EMPLOYEES SHO
A PICKET LINE.
NOT BE GIVEN THE RIGHT TO REFUSE TO CROSS
A-J PICKET LINES
A-4
ICE CHARGES
REVIEW OF UNFAIR LABOR PRACTICE CHARGES SHOULD BE TRANSFERRED FROM
DISTRICT COURT TO AN ADMINISTRATIVE AGENCY. (I.E. BUREAU OF
MEDIATION SERVICES, P , OR OFFICE OF ADMINISTRATIVE HEARINGS).
A-5 PART TIME EMPLOYE
THE AMM RECOMMENDS T THE LEGISLATURE REINSTATE THE PREVIOUS
DEFINITION OF EMPLOYE S COVERED BY PELRA TO BE PERSONS EMPLOYED
FOR MORE THAN 100 WO NG DAYS IN A CALENDAR YEAR, INSTEAD OF THE
CURRENT 67 DAYS FOR NO STUDENTS.
A-6 BUREAU OF MEDIATI
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THE LEGISLATURE SHO LD PROMOTE IMPROVED COMMUNICATION AND
COOPERATION BETWEEN MPLOYERS AND EMPLOYEES BY CONTINUING THE
STATE LABOR-MANAGEME T PROGRAM WITHIN THE STATE BUREAU OF
MEDIATION SERVICES.
THE BUREAU OF MEDI TION SERVICES SHOULD DEVELOP AN EXPEDITED
GRIEVANCE ARBITRATION ROCESS.
II-B TORT LIABILITY
The Municipal Tort Liability Act was enacted to protect the
pUblic treasury wh'le giving the citizen relief from the
arbi trary, confusin, and administratively expensive prior
doctrine of sovere'gn immunity with its inconsistent and
irrational distincti ns between governmental and proprietary
activities. The act has served that purpose well in the past,
however, courts frequ ntly forget or ignore the positive benefits
secured to citizens amaged by public servants as a result of
enactment of the compr hensive' act which includes some limitations
on liability and so e qualifications of normal tort claims
procedure.
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The special vulnerability of far-flung government operations to
debilitating tort suits continues to require the existence of a
tort claims act applicable to local governments or local
governments and the state. The need for some type of limitations
is evidenced by recent experiences with the insurance market.
Cities in Minnesota are finding it increasingly difficult to
obtain insurance at an affordable rate, if at all. Amendments in
1983 to increase the dollar amounts recoverable by plaintiffs
should be adequate to satisfy any reasonable claim. Further
changes in limits beyond the current $200,000 per person and
$600,000 per occurrence should not be made.
Joint and several liability provisions have been modified to
lessen the deep pockets effect some. The current limit of payment
is times two for liability of 35% or less (i.e. if the city is 30%
liable, they may be required to pay 60% of the damage award) or
total responsibility if liability is over 35% (i.e. if the city is
40% liable, they may be required to pay 100% of the damage
award). This still seems onerous especially when this comes out
of taxpayers pockets. Payment liability should definitely not be
increased.
THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT
LIABILITY ACT AND RECOMMENDS THAT THE CURRENT LIMITS OF LIABILITY
REMAIN INTACT. JOINT AND SEVERAL LIABILITY PROVISIONS FOR PAYMENT
LIMITS SHOULD NOT BE INCREASED FROM CURRENT LAW SO THAT TAXPAYERS
e ARE NOT MORE UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS.
II-C DATA PRIVACY AND OPEN MEETING
Data privacy laws protect individuals from the release of
information to the public which the legislature has deemed to be
private or which could be unnecessarily harmful to the individual.
On the other hand, the open meeting law prohibits local government
units from holding closed sessions except when discussing pending
or actual lawsuits with an attorney or labor negotiations.
Unfortunately, many occasions have arisen in past years where
local units in dealing with individuals or employee disciplinary
matters have been forced to either violate the Data Privacy
statutes or the Open Meeting Statute in order to fairly resolve
the issue.
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The Minnesota Supreme Court in early 1989 apparently resolved the
conflict between the two laws and did so by establishing a clear
rule that when 'not public data' comes before pUblic bodies,
either the data must not be released or the meeting must be
closed. However, the 1990 legislature overturned that decision,
but in its clarification, raised more questions than existed prior
to that 1989 Annandale decision. The new law allows an initial
hearing to be closed, unless an individual being accused requests
a pUblic hearing, but does not provide for notice to the
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individual. It does not say whether the name can be released.
The new law provides that the data which is a basis for firing or ~
suspension is public after final determination and that cities
must use 'reasonable efforts' to protect private data. However,
the law is unclear s to whether final determination is upon
council action or upo completion of grievance and arbitration of
the action. The tim gap between council action and filing of
grievance is a prob em for determining what data is public or
private. It does no define 'reasonable efforts' nor does it
provide a method to discuss multiple charges, some of which may
not be included as part of the ultimate basis for action.
Finally, it is u clear as to whether or not the law i"s
retroactive.
Local officials appe r to be just as much or more at risk under
the new law than the old law prior to the Annandale decision, and
thus, because of t e severity of punishment should probably
err by closing meetin s rather than err by inadvertently violating
the Data Practices Ac and violating an employees right.
THE AMM REQUESTS THE GISLATURE TO MAKE THE DATA PRIVACY AND OPEN
MEETING LAWS CONSISTE SO THAT TO COMPLY WITH ONE LAW A CITY
SHOULD NOT HAVE TO VI LATE THE OTHER. FURTHER, THE AMM STRONGLY
SUPPORTS LEGISLATION AVORING DATA PRIVACY OVER OPEN MEETING WHERE
CONFLICTS ARISE TO PR ECT THE EMPLOYEES RIGHT OF CONFIDENTIALITY
FOR PERSONAL AND PR VATE DATA.
II-D POLICE AND FIRE PENSION PROVISIONS
e
Local police and ful -time fire relief associations were phased
out by the 1980 legis ature, unless the local council opts to keep
the relief associatio. All new employees will become part of the
state police and fire PERA fund and the state will reimburse local
units for a portion of the unfunded liability remaining in the
local fund. The unfun ed liability was projected to be paid by the
year 2011 but current investment earnings are in excess of 10% and
thus could, at that c ntinued rate, reduce the time to year 2005.
However, the legisl ture is considering siphoning earnings in
excess of that need d for 2011 amortization to reduce state
payments and property tax levy for unfunded liability as well as
provide a bonus (13 h. paycheck) to retirees. If investment
increase drops below 10%, the local property taxpayers in future
years will pay mor , not only to pick up the property tax
reduction but the state reimbursement reduction. It would be
better public polic to wait until the unfunded liability is
funded. Also, 1979 w set employee contributions at 8% and the
Legislative Retiremen Commission has in the past established a
general policy requir ng public safety employees to pay 40% of the
normal pension costs.
0-1 INVESTMENT EARNIN S' (13TH. PAYCHECK)
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e THE AMM OPPOSES LEGISLATION USING INVESTMENT EARNINGS OF LOCAL
POLICE AND FIRE PENSION FUNDS, THAT ARE IN EXCESS OF THAT NEEDED
TO AMORTIZE UNFUNDED ACCRUED LIABILITIES BY THE YEAR 2011, FOR
REDUCTIONS OF STATE AMORTIZATION AID AND BONUS (13TH. PAYCHECK)
PAYMENTS TO RETIREES. THE EXCESS EARNINGS SHOULD BE USED TO
FULLY AMORTIZE UNFUNDED ACCRUED LIABILITY AND ONLY THEN SHOULD
ANY CONSIDERATION BE GIVEN TO INCREASED BENEFITS.
0-2 EMPLOYEE CONTRIBUTION AMOUNT
EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8%, IN
MANY FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. THE
AMM URGES THAT THE CONTRIBUTION LEVEL BE SET AT 40% OF THE NORMAL
COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 8% OF
BASE SALARY. ANY INCREASE IN BENEFITS FOR CURRENT EMPLOYEES
INCLUDING ANY RESULTING DEFICIT, SHOULD BE FINANCED 50% BY THE
EMPLOYING CITY AND 50% BY EMPLOYEES ON A CURRENT BASIS.
II-E OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
e
The AMM has for many years opposed certain statutory changes that
erode local authority or mandate activities which cost money to
implement without provision to recover those costs. Rather than
adopt a separate policy for each issue, the AMM believes that as
general policy the legislature should not decrease current
authority or mandate activities creating a cost without
corresponding funding or an overwhelming obvious demonstration of
need. Included in this general policy is opposition to mandates
such as; state or metropolitan licensing of tree treatment
contractors, plumbing inspections by licensed plumbers only,
and requiring competitive bidding for land sales.
THE AMM OPPOSES STATUTORY CHANGES WHICH ERODE LOCAL CONTROL AND
AUTHORITY OR CREATE ADDITIONAL TASKS REQUIRING NEW OR ADDED LOCAL
COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM.
II-F CONTRACTOR LICENSING
-
The AMM has in the past opposed statewide licensing of general
trade contractors based primarily on loss of local control,
enforcement, and revenue. However, the AMM does recognize the
need to establish uniform standards, better enforcement, and the
capability to track and eliminate irresponsible contractors. The
key to a successful licensing system will be the ability to
enforce the standards. One maj or problem that needs to be
addressed is the loss of revenue to cities but continuation of a
local administrative activity which will cost money. A solution
would be to authorize cities to attach a modest license check
surcharge to building permit fees. This would allow cities to
recover actual costs in verifying current license in good standing
-15-
and the occasional ext a cost of time spent where a contractor has ~
no license or an inval'd license. ,.,
THE AKM DOES NOT OP SE STATEWIDE LICENSING OF GENERAL TRADE
CONTRACTORS ACCOHPANIE BY STANDARDS AND TESTING AS LONG AS: (1)
CITIES HAVE THE OPPO ITY TO PARTICIPATE IN THE FORMULATION OF
STANDARDS: (2) EliFO PROCEDURES ARE GIVEN HIGH PRIORITY:
AND (3) CITIES ARE IVEN AUTHORITY TO ATTACH A SURCHARGE TO
BUILDING PERMITS TO RE OVER COSTS OF VERIFYING THAT THE CONTRACTOR
HAS A CURRENT LICENSE N GOOD STANDING.
II -G CONTRACTORS PERFO
CE BONDS
The 1989 legislature odified Minnesota Statutes 574.26 to allow
contractors to provide a letter of credit instead of a performance
bond for contracts of less than $50,000. This is an improvement
but still will creat significant hardship with many reputable
small contractors. In todays market, proj ects in excess of
$50,000 are very com on and are not really large jobs. The
emphasis should be in rotecting the public.
THE AD URGES THE LEG SLATURE TO PROVIDE GREATER FLEXIBILITY IN
CONTRACTOR GUARANTEES OR CITIES BY ALLOWING IN ADDITION TO BONDS,
OTHER RELIABLE FINANC SECURITY GUARANTEES, SUCH AS Lt;r.1.".ta<5 OF
CREDIT, WITHOUT LIMITA ION AS TO PROJECT COSTS.
II-H POLICE OFFICER S ANDARDS AND TRAINING - RECRUITMENT
e
Current POST rules r quire at least a two year degree in law
enforcement to be eli ible to become a peace officer. This is
somewhat restrictive i that it does not allow for College degreed
persons to make a car er change without returning to school for
significant added cou se work. The current applicants tend to
lack maturity that ay be desireable to blend into pOlice
departments.
Since the adoption of uniform standards of training and licensing
for police officers i 1978 many positive changes have been made
to allow a wide range of people to qualify to be police officers
in Minnesota. However, one area is still a significant problem,
protected class recr itment, specifically Black and Hispanic
minori ties. Because f the education requirements, people must
decide or be recruited early in the post secondary education time
frame, to qualify in p lice work. Neither POST nor cities are in
the position of being able to induce or recruit people into the
appropriate educatio al track at the appropriate time and the
University/College s stem is not doing so either. Therefore,
protected class hiring is very difficult. One area that has been
overlooked is Milita Police, who are trained police personnel
but may lack the requi ed academics.
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THE AMM ENCOURAGES THE POST BOARD TO CONSIDER ALLOWING PERSONS
WITH COLLEGE DEGREES OR OTHER APPROPRIATE EDUCATION AND MILITARY
POLICE PERSONNEL TO BECOME PEACE OFFICERS WITH SOME ADDITIONAL LAW
RELATED COURSE WORK THAT CAN BE ATTAINED THROUGH PRE EMPLOYMENT
PART-TIME EFFORT OR DURING THE FIRST YEAR OF FULL TIME PEACE
OFFICER EMPLOYMENT. THIS DOES NOT AFFECT THE SKILLS COURSE
REQUIREMENTS.
II - I STATE AGENCY RULE MAKING
LegiSlation is needed to assure that municipalities are informed
of proposed rules when they are initiated by state Agencies to
assure a more meaningful appraisal of their impact upon local
government.
state agencies now are required to only publish notice of proposed
rules in the state Register which is not in general circulation
and which is available to local governments only by subscription,
whereas, state law mandates that local governments publish notice
of a variety of activities in legal newspapers and mail notices to
potentially affected parties. state agencies are not required to
notify local governments when rules are proposed that have direct
impact upon and directly involve the local governments.
The current law also allows the agencies to decide that proposed
rules are "non-controversial" and thereby negate the requirements
for a Public Hearing. The decision that a proposed rule is
"non-controversial" may be overridden only if 25 persons file a
notice with the agency that a Public Hearing is desired.
The law requires agencies to make a finding as to the cost the
proposed rules would have for other units of government i this
process does not require the solicitation of input from the other
units of government, but, rather, is left to the agency itself.
The cost threshold for "non-controversial" is an overall dollar
amount that does not consider that the cost could be very
significant for some units.
THE AMM REQUESTS LEGISLATION THAT WOULD REQUIRE DIRECT
NOTIFICATION FOR PROPOSED AGENCY RULES IF THERE IS IMPACT OF ANY
FINANCIAL NATURE REGARDLESS OF THE AMOUNT. ALSO, THAT AGENCIES BE
REQUIRED TO ESTABLISH AN OPEN PROCESS TO SEEK INPUT FROM AFFECTED
GOVERNMENTAL AGENCIES PRIOR TO DECLARING A PROPOSED RULE
"NON-CONTROVERSIAL" THUS BYPASSING FORMAL PUBLIC HEARING.
II-J SHADE TREE DISEASE CONTROL PROGRAM
Starting in 1977 the legislature made a strong commitment to
-17-
control Dutch Elm and Oak Wilt tree diseases by enacting an
excellent Shade Tree Disease Control program and backing that 4t
legislation with suff cient funding to bring the diseases under
control. However, du to lack of financing in the most recent
past, Dutch Elm diseas is once again spreading rapidly as it has
in other areas of t e country when financial commitment has
stopped. Therefore, t e AMM urges the legislature to:
CONTINUE THE SHADE DISEASE CONTROL LEGISLATION WITH NO
CHANGES 'AND TO P IT CITIES TO USE SPECIAL LEVIES, SPECIAL
ASSESSMENTS, AND OTHER SOURCES TO FUND LOCAL CONTROL PROGRAMS.
II-K CONCURRENT DETA
AND ANNEXATION
Prior to 1985 the cha ging of municipal boundaries initiated by
property owners was limited to the single case where their
property was totally urroun,ded by another community. The 1985
legislation opened t e possibility up to all property owners to
initiate such action. This broad based allowance is problematic
in some instances be ause of the City expense and intercity
divisiveness that it c uses.
IT IS THE POLICY OF AMM THAT THE PROVISION ALLOWING PROPERTY
OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING
UNDER ANY OF THE FOLLO ING CRITERIA.
-THE PROPERTY OWNERS VE BEEN DENIED A REASONABLE USE OF THEIR A
LAND WHICH IS CONS I TENT WITH AND ALLOWED UNDER THE CITY'S ·
COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE
NOT BEEN DENIED A REAS NABLE USE IF THE PERMITTED DEVELOPMENT HAS
BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN.
-THE COMPREHENSIVE P DOES NOT ACCOUNT FOR SIGNIFICANT BARRIERS
SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY
INCLUDING ANY ABILITY ACCESS ITS STREET SYSTEM.
-PROPERTY OWNERS HAVE AID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT
DUE TO ACTIONS TAKEN B THE GOVERNING BODY ARE PROHIBITED FROM ANY
CONNECTION TO THAT SYS EM.
BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS
THEY MUST UNDERTAKE A OFESSIONAL PLANNING FEASIBILITY STUDY TO
BE CONDUCTED BY A CON ULTANT TO BE SELECTED AND PAID FOR BY THE
PROPERTY OWNERS. THE COMMUNITY MUST APPROVE THE SELECTION
OF THE CONSULTANT OR 0 FER AN ALTERNATIVE CONSULTANT ACCEPl'ABLE TO
THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE
MUNICIPAL BOARD SHAL APPROVE A CONSULTANT. THE STUDY SHOULD
EXAMINE THE PROPOSE DEVELOPMENT OF THE PROPERTY AND THE
RAMIFICATIONS OF DET CHMENT AND ANNEXATION. THE STUDY SHOULD
ADDRESS PHYSICAL PING ISSUES, DELIVERY OF SERVICE AND ANY
FINANCIAL RAMIFICATION TOGETHER WITH ANY IMPLEMENTATION PLAN.
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THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE
CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE
PROPERTY OWNERS SHALL PRESENT THE PLAN TO THE OTHER COMMUNITY.
PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE
PETITION HAS BEEN SUBMITTED, THERE SHALL BE A PERIOD TO ALLOW FOR
MEDIATION BY THE CITIES.
FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE
REGIONAL PLANNING COMMISSION (S) OR METROPOLITAN COUNCIL WHERE THE
CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO THE
MUNICIPAL BOARD FOR CONSIDERATION.
THE MUNICIPAL BOARD'S DECISION MUST BE BASED ON A BALANCING OF THE
INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS
TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO:
-THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH
MUNICIPALITY;
-THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING THE
IMPACT ON THE REGIONAL SYSTEMS;
-THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS;
-THE EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY
FROM THE REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE
PROPOSED MUNICIPALITY; AND
-ADDITIONAL CRITERIA INCLUDED IN MS 414.041, SUBDIVISION 5
II-L DATA PRACTICES
L-1 LIQUOR LICENSE APPLICATION
The definition of 'licensing agency' in Minn. state 13.41 is not
clear as to the inclusion of cities, therefore, it is unclear
whether all or part of the information on license issuance is
public. This can be a real problem when issuing liquor licenses,
since part of the data concerns sensi ti ve business and personal
finances.
THE AMM ENCOURAGES THE LEGISLATURE TO CLARIFY THAT POLITICAL
SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES
IN MINH. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSON OR
BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR
LICENSE OR OBTAINED AS A RESULT OF AN INVESTIGATION OF THE
APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE.
L-2 GENERAL PUBLIC DATA
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The Government Data P actices Act allows municipalities to charge ~
the actual costs of s arching for, retrieving, and copying public .,
data if copies of th data are requested. The law prohibits
municipalities from charging the costs of searching for and
retrieving data if a person asks only to inspect it. In many
cases, the searching nd retrieving are the most time-consuming
aspects of supplying ata. Making a copy is frequently only a
small portion of the ime required and should not be the standard
for determining wheth r a charge is appropriate.
Profit-making enterpri es have used this free service to augment
their businesses. F r example, individuals have established
businesses for prepar'ng special assessment searches. Personnel
from these businesses use city facilities, including expensive
computer equipment, t obtain the special assessment data. The
personnel may also t ke significant amounts of staff time for
explanations of the ata collected. They then dominate the
publicly provided tel phone for lengthly periods to transmit the
information obtained. These businesses use city facilities and
personnel as part 0 a prof it-making enterprise, solely at
taxpayer expense. Municipalities should be allowed to charge for
retrieving and explai ing public data whether or not the request
includes copying.
THE AMM ENCOURAGES LEGISLATURE TO AMEND MINN. STAT. 13.03,
SUBD. 3 TO ALLOW HUN CIPALITIES TO CHARGE FOR RETRIEVING AND
EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON-PUBLIC
DATA. THIS AMENDMENT OULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO
PRIVATE CITIZENS REQUE TING INFORMATION ABOUT THEMSELVES OF THEIR
OWN PROPERTIES.
ts municipalities from Charging for
non-public data. This task may be very
necessary to protect the non-public data.
e allowed to charge for this service.
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The law also prohib
separating public fro
time-comsuming and is
Municipalities should
To preserve the Act'
records open to inspe
proposed would not a
requesting information
spirit and intent of keeping government
tion for public purposes, the new charges
ply to the media or to private citizens
about themselves or their own properties.
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....
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III
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
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PAGE 21 THROUGH 34
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III
.-
HOUSING, ECONOMIC DEVELOPMENT AND LAND USE
III-A. HOUSING AND NEIGHBORHOODS
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The housing problem for persons currently unable to afford market
rate housing can only be mitigated if all levels of government and
the private sector including non-profit groups work together and
if each contributes a fair share to the solution.
Each level of government should contribute to help solve the
problem and each level's contributions should be of the kind it is
best suited to make. The Federal and/or State Levels should
continue to provide the direct subsidies for housing for low and
moderate income persons. The Federal and State Governments also
have the responsibility to provide a tax climate in which the
private sector can produce and maintain rental units that are
affordable to low and moderate income households. The State
should also grant local units of government the authority and
flexibility to conduct the kind of housing programs that best
meets their diverse needs.
The Metropolitan Council should continue to place high priority on
housing planning for the Metropolitan Area and provide specific
guidance to the public and private sectors so that both can make
rational decisions relative to future housing needs. The Council
should continue to be aggressive in seeking innovative ways to
create housing opportunities for low income persons.
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Local units of Government also have a major role to play. Local
controls constitute but a small portion of the total cost of
housing but local units should not establish requirements which go
beyond what is necessary for the protection of health, safety and
welfare. Local units should also work with the private and
non-profit sectors to make the best use of existing tools to
produce affordable housing which is more affordable.
Decision makers at all levels must become more cognizant of their
actions, policies, and decisions which have an undesirable impact
on housing costs.
A-l.
EXAMINE LOCAL REQUIREMENTS.
Local requirements, if excessive, can add to the cost of producing
affordable housing.
COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND USE
REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE THAT THESE
REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION
OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF
AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE WHEN
APPROPRIATE. NO LEGISLATIVE INITIATIVE NEEDED.
A-2.
PRACTICES WHICH EFFECT HOUSING COSTS.
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Decision makers at 11 levels of government must become more 4t
cognizant of actions they take which have an impact on housing
costs. These acti ns in themselves may be worthwhile and
beneficial, but whe implemented result in increased housing
costs. Examples of t is type of action would include such things
as the sewer availab'lity charge, restricted growth policies,
building and energy c des, environmental rules, etc.
ALL LEVELS OF GO SHOULD EXAMINE THEIR PRACTICES AND
POLICIES TO DETERMIN POSSIBLE UNNECESSARY IMPACTS ON HOUSING
COSTS. CHANGES SH OLD BE MADE AS NECESSARY.
A-3.
MANDATORY
STANDARDS.
Uniform standards f r housing style, type and size are not
appropriate because of the great diversity among cities and
differences within c'ties relative to density of development,
topography, age of ho sing stock, the mix of housing values, and
the level of municipal services which are provided.
Land use regulation . s one of the tools used by city officials
to protect the heal h, safety, welfare, and interests of the
city's residents.
NOT PASS LEGISIATION WHICH MANDATES UNIFORM
STANDARDS OR WHICH REMOVES ADDITIONAL LAND
TY FROI( LOCAL UNITS OF GOVERNMENT. CITIES
THORITY TO REGULATE THE LOCATION, SIZE,
HOUSING WITHIN THEIR BOUNDARIES. NO
NEEDED.
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THE LEGISIATURE SHOU
ZONING AND SUBDIVISIO
USE REGUlATION AUTRO
SHOULD RETAIN THE A
AMOUNT, AND TYPE 0
LEGISIATIVE INITIATIVE
The State should develop an overall State Housing Policy and
provide the necessary tools for implementation. The Legislature
needs to provide for f'nancing strategies which will carry out the
long range goals for roviding and maintaining affordable housing
opportunities. The S ate Housing Policy should enable and assist
local and metropoli an governments, private and non-prOfit
developers to initia e affordable housing. Local governments
should participate in the formulation of state and metropolitan
housing policy which w'll be used to support local housing goals.
NAL HOUSING POLICIES.
A-4.
THE AMM RECOMMENDS ~ THE STATE ESTABLISH A STATE HOUSING POLICY
AND THAT THE RESOUR ES NEEDED TO IMPLEMENT THAT' POLICY BE
DESIGNATED. SEVERAL S ATE FINANCING SOURCES SHOULD BE CONSIDERED,
INCWDING:
* STATE APPROPRI
* STATE BONDING
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* STATE GAMBLING REVENUE
* INCREASED MORTGAGE DEED TAX
THE STATE SHOULD CONSIDER CONSOLIDATING SMALLER PROGRAM ACTIVITIES
TOGETHER WITH ANY NEW REVENUES WITH THE HOUSING TRUST FUND.
DISTRIBUTION COULD THEN BE BASED ON STATE PRIORITIES. THE STATE
SHOULD ALSO CONSIDER THE USE OF STATE TAX POLICY TO BENEFIT THE
MAINTENANCE AND DEVELOPMENT OF AFFORDABLE HOUSING. AN EXAMPLE OF
THIS WOULD BE THE ESTABLISHMENT OF A STATE LOW INCOME HOUSING TAX
CREDIT.
THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED TO
FUND STATE AND METROPOLITAN GOALS.
LOCAL PARTICIPATION IN THE DEVELOPMENT OF STATE POLICIES IS
CRITICAL FOR THE LONG TERM IMPLEMENTATION OF THE HOUSING GOALS.
A-S FEDERAL HOUSING POLICY
The Federal Government has a broader and more diverse tax base
than state and local governments. For this reason, the Federal
Government should provide the necessary funding to fulfill its
housing policy commitments to very low income persons beyond the
funding reach of state and local governments.
THE AMM SUPPORTS CONGRESS'S EFFORT TO ADOPT HOUSING LEGISLATION
WHICH WILL INCREASE FUNDING LEVELS FOR THE PROVISION OF AFFORDABLE
HOUSING.
IT IS ESSENTIAL THAT FUNDING IN THE FORM OF GRANTS BE PROVIDED TO
CITIES IN ORDER TO SUPPORT THE NEEDS OF THOSE PERSONS REQUIRING
ASSISTED HOUSING (VERY LOW INCOME). THIS SHOULD INCLUDE:
THE RENOVATION AND REHABILITATION OF SUBSTANDARD HOUSING
INCENTIVES THAT WOULD ENCOURAGE OWNERS NOT TO OPT OUT OF
SECTION 8 CONTRACTS
CONTINUED AND INCREASED FUNDING OF THE SECTION 8 RENT
SUBSIDY PROGRAM
CONTINUED AND INCREASED FUNDING OF SECTION 202 PROGRAM
A-6 LOCAL HOUSING POLICY
There is a great diversity among cities in the metropolitan area.
Some cities need more housing for low income persons while other
cities need housing for moderate to upper income persons. cities
should have the authority to promote whichever kind of housing is
in the public purpose and best interest of the particular city and
is consistent with the regional housing policy. Cities need to
have a greater flexibility in financing their housing goals if
they are to meet the intent of the Metropolitan Land Planning Act.
-23-
.,
CITIES SHOULD BE D SUFFICIENT AUTHORITY AND FLEXIBILITY BY
THE LEGISLATURE TO CO DUCT AND FINANCE HOUSING PROGRAMS THAT MEET e
THEIR INDIVIDUAL HO SING NEEDS. LOCAL FUNDS CAN BE USED TO
LEVERAGE FEDERAL, STA: AND METROPOLITAN'RESOURCES WHEN THEY CAN
MEET COMMON POLICY GO
THE REMOVAL OF SOME OF THE LIXITATIONS ON THE USE OF TAX
INCREMENT FINAN ING FOR HOUSING
REMOVAL OF CITY AND HOUSING AUTHORITY LEVY LIXITS
ALLOW FOR SPECI IMPACT FEES
SPECIAL LEVIES OR HOUSING
REINSTATE THE STATE DEED AND MORTGAGE TRANSFER TAX
EXEMPl'ION FOR BLIC AGENCIES
USING THE PROP TY TAX SYSTEM TO PROVIDE INCENTIVES FOR LOW
INCOME HOUSING
IT IS NECESSARY TO :AND FINANCIAL RESOURCES AVAILABLE AT THE
LOCAL LEVEL. THIS CO INCWDE:
A-7 HOUSING IN THE
OPOLITAN AREA
Rental housing, which makes up approximately 35% of the housing
units in the metropol tan region, plays an important role in the
metropolitan housing arket. Traditionally, rental units have
provided an affordabl housing option for singles, young adults,
young married familie , students and the elderly. Many of which
were low and moderate ncome households. Recent studies completed 4It
by the Metropolitan C uncil are Showing demographic changes that
are likely to have bro d impacts on the housing characteristics of
many cities. The long term implications could find many
communities with:
* a low demand fo its existing rental stock
* an aging housin stock in need of rehabilitation
* a decreasing de and for new housing
* a loss of equit forhomeowners
* a deClining _ p~ ~rty _ base caused by decreased valuation
from lower inco e rents and decreased property maintenance
* a change in hou ehold composition
* a potential los of subsidized housing stock
* a general slowi g of the region's growth rate
T CITIES CAREFULLY LOOK AT THE POTENTIAL
IC TRENDS MIGHT HAVE ON THEIR HOUSING STOCK
TH ALL LOCAL AND REGIONAL GOVERNMENTS TO
POTENTIAL PROBLEMS. IT IS IMPORTANT TO
ORCES THAT WILL REQUIRE CITIES TO ADDRESS
OF THESE ISSUES.
THE AMM RECOMMENDS
IMPACTS THESE DEMOGRAP
AND BECOME INVOLVED
SUCCESSFULLY ADDRESS
RECOGNIZE THE MARKET
THE METROPOLITAN NA
THE AMM SUPPORTS THE TROPOLITAN COUNCIL'S TASK FORCE ESTABLISHED
TO PROVIDE DIRECTION IN ADDRESSING THESE METROPOLITAN HOUSING
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ISSUES.
A-a NEIGHBORHOOD LIVEABILITY
Rapidly evolving social, demographic, economic and behavorial
changes are converging on many cities creating new challenges that
exceed their capacity to deal effectively with their new
environments.
The challenges cities face, such as deteriorating neighborhoods,
crime, and drugs, need the cooperative efforts of public private
and business interests to solve. Cities have expanded public
safety, inspection, and health programs; have aggressively
repaired and replaced infrastructure; ie., replaced streets and
public utility lines; have removed diseased trees, redeveloped
parks, refurbished or replaced neighborhood civic facilities; and
have developed programs to assist low and moderate income families,
yet problems continue to grow.
Cities should take the lead in developing local and regional
strategies that will assist them in dealing with growing
neighborhood problems. These strategies should include the
following major categories:
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1. Physical and structural deterioration of the
neighborhood.
2. Social welfare of the neighborhood.
3. Educational opportunities.
PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD:
a. Cities need to evaluate the demographic impact on
their housing stock and plan for future
rehabilitation or reuse. The demographic impacts
may include declining home values, delayed or
non-maintenance of housing stock, foreclosed or
abandoned housing and the changing of neighborhood
character (i.e. An owner base to a tenant base). In
a metropolitan area these forces go beyond a city's
boundary and may require a more metropolitan view to
try to resolve the causes of the problems.
b. cities need to plan for continued upgrading of public
facilities (i.e. streets, utilities, parks) even in
the face of declining values. This may
require statutory authority beyond existing authority.
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c. cities need to plan for regulatory enforcement at
levels needed to maintain neighborhood quality. .If a
strong level of enforcement is provided up front it
can be an effective relatively low cost long term
-25-
d.
strategy for
cities need
resident's pa
city's neighbo
one of the str
provided that
provide the me
...
intaining neighborhood quality.
o plan for and encourage neighborhood
icipation in the preservation of the
hoods. Neighborhood pride can become
ngest tools that cities can tap into,
ther resources are in place that can
ns by which this energy can focus.
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e. Cities need to expand their resource base and plan
for the targ ting of resources to accomplish their
long-term str tegy for neighborhood preservations.
Expanding t is resource base will require
coordinated ef orts at the federal, state, regional
and local leve .
f.
cities need
appropriate
eliminate d
neighborhood.
impacts bligh
This should in
court to allow
and for City c
g.
cities need
resident's pa
activities.
facilities for
be organized p
use of these f
SOCIAL WELFARE OF NEIG
a.
Cities need
directly
(aging,
domestic
systems that
neighborhoods.
cities need to
welfare system
agencies to
neighborhoods
neighborhoods.
b.
c.
cities need
individuals an
support city i
awareness, pub
o strengthen their ability to take
gal actions in a swift manner to
teriorating structures in a
engthy procedures accelerate damaging
ed structures have on a neighborhood.
lude the expanding use of the housing
for action on single family dwellings
de enforcement.
o plan for and encourage neighborhood
icipation in recreational pursuits and
Along with the appropriate public
recreation and leisure, there needs to
ograms and activities to make the best
cilities.
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evaluate those social issues that
the liveability in a neighborhood
care, transportation, job training,
e, etc.) and plan for long-range
will strengthen the liveability of
become more familiar with the social
and work closely with state and county
emphasize the need of stabilizing
and the family units within those
o strengthen the cooperation of
families within the neighborhood to
itiatives dealing with crime and drug
ic health issues (i.e. garbage houses,
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-26-
,...
animal infestation, etc.) and domestic abuse.
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d.
cities need to plan for services to
that will allow for affordable
transportation and job opportunities.
lack of these services has the greatest
low income and elderly households
neighborhood.
neighborhoods
day care,
The impact of
impact on the
within any
e. cities need to develop programs and/or participate in
the development of state and reqional programs to
lesson the impact that poverty has on the
destabilization of a neiqhborhood. These programs
are needed to deal with the broad range of issues
rather than one specific activity and can be
tailor-made to address a problem by linking
activities together (i.e. rent, mortgage assistance
or tax breaks tied to rehabilitation loans; rent
assistance tied to child care; job training and
transportation assistance, etc.).
EDUCATIONAL OPPORTUNITIES:
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a. Cities need to encourage, participate in and
strengthen the school systems community education
outreach programs. These programs provide an
opportunity to coordinate school and city efforts to
strengthen the liveability of neighborhoods.
b. cities need to work within the education process
by providing early childhood education on problems
cities face in dealing with social impact on
neiqhborhood liveability.
c. cities need to work closely with secondary and
post secondary education systems to encourage job
training programs. Such programs can help solve
neighborhood problems (i.e. work study with forestry,
rehabilitation, maintenance, etc. which will give
work experience by providing opportunities in the
neighborhoods).
THE AMM WILL SUPPORT LEGISLATIVE INITIATIVES THAT PROVIDE
CITIES WITH THE NECESSARY TOOLS, FUNDING AND PROGRAMS TO HELP
STRENGTHEN AND PRESERVE NEIGHBORHOODS. THE AMM ALSO BELIEVES
THAT A HOLISTIC APPROACH IS NEEDED TO SOLVE THE NEIGHBORHOOD
DETERIORATION PROBLEM AND WILL REQUIRE THE COOPERATION AND
INVOLVEMENT OF EDUCATIONAL INSTITUTIONS, HUMAN SERVICES
AGENCIES, PRIVATE NON-PROFIT ORGANIZATIONS IN ADDITION TO
CITY RESOURCES.
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A-9 STATE LICENSED
SIDENTIAL FACILITIES (GROUP HOMES)
The AMM believes tha persons with disabilities are entitled to
live in the least res rictive possible environment and should have
a range of residential choices throughout the state. The AMM also
believes that reside tial based facilities (i.e. Group Homes)
should not be concent ated. Over-concentration of such facilities
could have a negative impact on the community and on the facility
residents. Recent ame dmentsto the Federal Fair Housing Act may
have an impact on th state's ability to regulate residential
based facilities, but the extent of such impact is not known as
yet. However, the believes that the principles contained in
this policy are very a propriate and any state legislation
pursued should not conflict with the AMM principles.
The residents of re idential based facilities come from our
communities and the believes that cities as one of the major
institutions of our s ciety have a responsibility to be a part of
the solution by welc ming such facilities on a fair share and
rational basis. he AMM believes that cities have a
responsibility to be art of the solution, but it also believes
that the state has t e major responsibility to assure that the
residents living in r sidential based facilities receive care and
supervision appropriat to the extent of their disability.
The state's deinstitu ionalization policy is directly linked to
the need for more res'dential based care facilities in our cities
and the state has the esponsibility to provide sufficient funding
to assure adequate car and supervision of the residents placed in
such facilities. The s ate also has the responsibility to notify a
city when such a facil'ty is licensed so that the city is prepared
to deal with emergenci s that might occur in such a facility.
The AMM also believes that the state has an obligation to
screen clients, part cularly in the corrections area, so that
persons placed in res dential based facilities are not a danger
to themselves, fellow esidents, or the community.
THE LEGISLATURE SHOU ADHERE TO THE FOLLOWING PRINCIPLES. WHEN
DEALXNG WITH THE ISSUE OF DEINSTITUTIONALIZATION AND RESIDENTIAL
BASED FACILITIES:
-THERE HOST BE TIME Y NOTIFICATION TO CITIES WHEN A RESIDENTIAL
FACILITY LICENSE IS IS OED OR RENEWED IN ORDER TO PROVIDE THE CITY
ADEQUATE OPPORTUNITY
-STEPS HOST TO AVOID THE CLUSTERING OF COMMUNITY
RESIDENTIAL ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR
PROGRAMMATIC EXPEDIEN E. STANDARDS OF NONCONCENTRATION FOR THE
STATE OR FOR COUNTY- SSOED RFP'S SHOULD BE ESTABLISHED. IN
ADDITION, FINANCIAL I CENTIVE PROGRAMS FOR PROVIDERS LOCATING IN
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....
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NON-CONCENTRATED AREAS SHOULD BE EXPLORED.
-THERE MUST BE ADEQUATE STATE FUNDING SO THAT THE RESIDENTS OF
THESE FACILITIES RECEIVE PROPER CARE AND' SUPERVISION.
-THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE
THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM
SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR
OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING
ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT.
-FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE
EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS.
-ANY LEGISLATION EFFECTING LAND USE CONTROLS SHOULD BE EXPRESSED
IN TERMINOLOGY CONSISTENT WITH LOCAL LAND USE CONTROLS.
-A FAIR SHARE CONCEPI' AND FORMULA SHOULD BE CONSIDERED WITHIN THE
METROPOLITAN AREA, BUT SUCH CONCEPI' AND FORMULA MUST BE COGNIZANT
OF OTHER FACTORS INCLUDING TRANSPORATION FACILITIES, JOBS
AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES.
III-B ECONOMIC DEVELOPMENT
Cities have an interest in the maintenance of and appropriate
enhancements to the economic base of their respective communities.
e It is the community's economic base which provides;
a.) the tax base and other revenue sources which support
the general operations of citites, counties and school
districts;
b.) the employment of some or a substantial number of
residents and,
c.) the means by which the populous is housed.
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All Metropolitan communities address economic development when its
translated to physical development through their local land use
regulations with the individual communities striving for "orderly
development". As a group however, Metropolitan communities differ
as to development needs and view points, with each community's
needs subject to a number of variables.
A municipality's ability to both regulate and promote economic
development is based on authority established by other
organizations and regulations. It is this ability that is of
general interest to all Metropolitan communities. The Association
of Metropolitan Municipalities (AMM) is the principal policy
action group acting on behalf of its member cities. As such it is
appropriate that AMM present the policy issues and concerns to
-29-
those organizations t at set the rules.
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Because of divergen
viewpoints between M
there is a need to e
available to AMM me
that economic develo
and not at the exp
development for local
base for the communit
service the developme
Redevelopment Authori
Authorities, tax in
obligation bonds, c
Regulation includes
functions. Servicin
municipal services.
economies, differing needs and diverging
tropolitan Minnesota and Greater Minnesota
sure that the means of economic development
er cities are appropriate to their needs and
ment efforts of others are complementary to
nse of member cities. As noted economic
governments is not just a matter of more tax
but entails tools to promote, regulate and
t. Promotional means include Housing and
ies, Economic Development Authorities, Port
rement financing, revenue and general
ndemnation and the star Cities Program.
its comprehensive planning and land use
include water, sewer, streets and other
TRANSPORTATION AS A
Y ECONOMIC DEVELOPMENT ELEMENT
Transportation, not 0
rail and air are
picture of a communit .
streets and highways but mass transit,
key elements in the economic development
While infrastructive issues such as water and sewer are to some
degree issues for one or two governmental entities, transportation
systems involves the entire gammet from the local municipality 4It
through the federal go ernment. Additionally it is more than just
an infrastructure issu. Concerns as to where highways were to be
planned was a signifi ant issue raised in the formation of the
Metropolitan Council and a rationale for passing the Fiscal
Disparities Act in 197 .
BUSINESS FACTORS IN EC NOMIC DEVELOPMENT
e has come to the forefront in the last few
ys and interstate links have aged, existing
xceeding capacity and federal and state
pace with needs. This has been further
previous highway funding source the sales
ance the state general fund. This has
delays in projects throughout the state.
res sed areas demanding more funding to
ic attractiveness to businesses and
1 areas needing funding to keep pace with
funding has become very divisive between
sota. A balanced and an efficient, well
ion system, including the before mentioned
ecessity so as not to retard economic
The transportation iss
years as major highw
routes have volumes
funding has not kep
highlighted by using a
tax/MVET to help ba
resulted in cuts an
With economically de
improve their econo
economically successf
expansion, the issue 0
Metro and Greater Minn
maintained transporta
components: is a
development.
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While governmental entities can provide inducements, services and
infrastructure there are a number of other factors that influence
a business' economic development decisions. Factors such as in
place resources and costs, human resources (availability that
matches the needs), regulations and attendant costs, governmental
costs such as taxes, services etc. While only some of these are
under the control or influence of the governmental sector in the
state and therefore the mission of AMM, these entities should make
efforts . to ensure that state and local governments are
competitive.
GENERAL ISSUES IN ECONOMIC DEVELOPMENT
Apart from direct business factors other items influence
locational and expansional considerations including "Quality of
Life" factors such as the educational systems, arts, theater and
professional sports teams, In addition governmental concerns
relate to housing, environmental impacts and economic security
among others.
B-1 CITIES DEVELOPENT AND ECONOMIC DEVELOPMENT RESPONSIBILITIES.
The AMM has been operating under the assumption that cities have
the primary responsibility for economic development within their
jurisdictions. This includes redevelopment as well as new
development. However, it became apparent during the discussion
and debate concerning Tax Increment Finance last session, that
many legislators, state agency officials, officials representing
other levels of government and many private sector representatives
do not share that view. With the destruction of TIF as a viable
tool for economic development, cities no longer have the necessary
tools to be responsible for economic development in today's
economic environment. Consequently, we believe that legislative
action is needed to address the many issues and costs associated
with economic development in our cities,
THE AMM ENCOURAGES THE LEGISLATURE TO EXAMINE THE QUESTION OF
ECONOMIC DEVELOPMENT AND DETERMINE WHICH LEVEL OR LEVELS OF
GOVER.NMENT SHOULD HAVE THE PRIMARY RESPONSIBILITY FOR ECONOMIC
DEVELOPMENT WITHIN THIS STATE. IF IT IS TO BE A SHARED
RESPONSIBILITY, THEN THE VARIOUS ROLES INCWDING ALL ISSUES AND
COSTS WHICH EFFECT ECONOMIC DEVELOPMENT SHOULD BE CLEARLY
DELINEATED. THE APPROPRIATE TOOLS SHOULD THEN BE DEVELOPED SO
THAT EACH ' PLAYER' CAN CARRY OUT THE DESIGNATED RESPONSIBILITIES.
THE AMM STRONGLY RECOMMENDS THAT LOCAL GOVERNMENTS BE GIVEN A
MEANINGFUL OPPORTUNITY TO PARTICIPATE IN THIS EXAMINATION
PROCESS.
B-2 EQUAL TREATMENT OF CITIES.
The AMM believes that all cities irrespective of size or location
-31-
should be treated fai ly with respect to the availability and use
of state authorized evelopment and redevelopment tools, and ~
programs and state fu ding.
THE AMM URGES THE LE ISLATURE TO EXAMINE EXISTING PROGRAMS, SUCH
AS URAP, GREATER MI SOTA CORPORATION (GMC), ETC. TO ASSESS WHERE
THESE PROGRAMS CAN B EFFECTIVELY UTILIZED BY ALL CITIES. NEW
PROGRAMS DESIGNED TO DRESS SPECIFIC CIRCUMSTANCES SHOULD UTILIZE
PROBLEM DEFINITION AS THE CRITERIA FOR MUNICIPAL PARTICIPATION AS
OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC.
B-3 TAX INCREMENT FI
CING.
Tax Increment Finance (TIF) has enabled cities to plan and carry
out housing, economic development, and redevelopment projects on
their own initiative. TIF represented, prior to 1990, the most
feasible and effectiv strategy or tool exercised by cities to
preserve and improve t eir own physical and economic environments.
TIF was virtually t e only tool available to most cities for
positive self interve tion to curb the spread of blight and to
encourage and manage ound economic development which is so vital
to provide jobs and to maintain a healthy tax base.
Unfortunately, the m ny restrictive amendments placed on TIF
during the 1990 Legis ative Session have virtually eliminated TIF
as a viable tool for most cities.
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CITIES ARE THE LEVEL F GOVERNMENT MOST INVOLVED WITH ECONOMIC
DEVELOPMENT (INCLUDING REDEVELOPMENT) WHICH ENCOMPASSES BUT IS NOT
LIMITED TO THE CREATI N OF JOBS. UNTIL THE LEGISLATURE CREATES
NEW TOOLS TO HELP CITI S DEAL WITH ECONOMIC DEVELOPMENT (INCLUDING
REDEVELOPMENT), IT SH ULD RESTORE TIF AS A VIABLE TOOL. MINIMUM
RESTORATION INCLUDES:
A. THE LGA REDUCTION FOR ALL TYPES OF DISTRICTS OTHER THAN
ECONOMIC DEVELO DISTRICTS SHOULD BE ELIMINATED.
B. ELIMINATE THE RENOVATION AND RENEWAL DISTRICT AND
REESTABLISH THE TETIA FOR THIS DISTRICT AS ONE OF THE
ALTERNATIVE TESTS OR A REDEVELOPMENT DISTRICT OR CHANGE TIME
DURATION FROM 15 25 YEARS.
C. ELIMINATE THE FIVE YEAR RULE AND RESTORE POOLING REQUIREMENTS
AS THEY WERE PRIOR TO THE 1990 AMENDMENTS.
E. EXTEND THE CREDIT CEMENT BONDING PROVISIONS ENACTED IN
1990 TO PRE MAY 19 0 TIF DISTRICTS
B-4 LOCAL OPl'ION FOR
A bill was
have had the
development authority
redevelopment activiti
STRUCTURE .
d in the 1988 legislative session which would
forcing cities to have a combined, single
for housing and economic development and
The proponents argued that the intent of
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the legislation was not to restrict local development activities but
to help assure coordination and cooperation at the local level.
Opponents argued that cities ought to have the maximum flexibility
in determining which type or types of local agencies were the most
appropriate to meet the desires and unique needs of different
cities. There is a possibility that a bill similar to the 1988 bill
will be introduced in the 1991 session.
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THE AMH SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A
SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL.
IF THE LEGISLATURE BELIEVES THAT IT IS IN THE ' PUBLIC INTEREST' TO
HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE
INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION
SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT OOES NOT
CHOOSE SUCH OPTION. THE AMH ALSO SUPPORTS ENABLING LEGISLATION TO
ALLOW CITIES TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT
AUTHORITY.
B-5 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S)
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Some county officials working through the Minnesota Association of
counties are asking that Counties be given EDA authority similar to
cities. A bill was introduced in the 1989 Session to grant such
authority and will probably be introduced again in 1991. There may
be areas of the state, particularly in Greater Minnesota, where it
makes sense to do economic development projects on a larger
geographic basis such as a County. Such rationale does not exist in
the seven county area in the AMM's judgement.
THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC
DEVELOPMENT AUTHORITY TO COUNTIES BUT BELIEVES SUCH AUTHORITY IS
NOT NEEDED FOR COUNTIES IN THE METROPOLITAN AREA SINCE IT WOULD
BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY CITIES.
HOWEVER, IF SUCH AUTHORITY IS GRANTED TO METROPOLITAN COUNTIES IT
MUST HAVE TWO LIHITS: (1) A COUNTY CAN NOT 00 A PROJECT OR (2)
LEVY AN EDA TAX IN A CITY WITHOUT THAT CITY'S GOVERNING BODY'S
APPROVAL. HOWEVER, THE AMM BELIEVES COUNTIES SHOULD NOT BE
GRANTED SUCH AUTHORITY UNTIL AFTER THE EXAMINATION ASKED FOR IN
POLICY B-1 HAS BEEN COMPLETED.
III-C LAND USE PLANNING
Land use regulation by cities in the Metropolitan Area has been
governed by the Municipal Planning Act (MS 462) and the
Metropolitan Land Planning Act (MS 473). While not ,a perfect
framework, these acts have worked well for the vast majority of
cities in the metropolitan area. Land use control for cities is
more than just one of the many powers and occupies a significant
part of the work of city councils and their staff. It has a
significant impact on other community regulations, tax base,
economic development and redevelopment. It is a driving force for
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creating service need. Land use regulation is the common thread
which runs through mo t of a city's functions and operations. ~
The legislation spons red by the Governor's Advisory Committee on
state local - relatio s (ACSLR) and introduced in the last three
sessions would have ubstantially altered the overall land use
control framework inc uding:
'.
1. Diluting the a thority of local elected officials thereby
reducing local ccountability,
2. Establishing a n w legal framework which would render moot
much of the ex'sting case law and existing codes and
ordinances.
3. Leaving out si nificant aspects of present law which allows
local officials he discretion to manage development in their
cities.
The proposals may ave been well intentioned in attempting to
create uniform use rules for counties, towns, and cities
rather than the pr sent diverse enabling laws. However, the
advantages of such un'formity to metropolitan area cities, did not
outweigh disadvantag s caused by the loss of city flexibility in
achieving uniformity or did the proposals adequately address the
interface between the state act and the Metropolitan Land Planning
Act. While the speci I AMM Task Force created to deal with the ..
ACSLR proposals ident"fied the concerns listed previously, it did ..,
recognize some posi ive features contained therein and the AMM
would support some ch nges to existing law.
THE AMM OOES NOT BE EVE THAT MAJOR CHANGE IS NEEDED IN THE
STATUTES WHICH GOVERN MUNICIPAL LAND USE PLANNING AND REGULATION
AND OPPOSES CHANGES ICH WOULD REDUCE LOCAL FLEXIBILITY. THE AMM
ALSO OOES NOT BE EVE THAT UNIFORMITY IN PLANNING LAW AMONG
THE THREE TYPES OF LO GOVERNMENTS INVOLVED IN LAND USE PLANNING
IS NECESSARY. HO ,THE AMM WOULD SUPPORT LEGISLATION
CONTAINING MORE EXP CIT AUTHORITY FOR LOCAL GOVERNING BODIES
PROVIDED SUCH AUTHO TY IS PERMISSIVE AND WOULD NOT OPPOSE
MODIFICATION OF STAND S FOR GRANTING VARIANCES AND ADJUSTMENTS
AS AN ALTERNATIVE TO THE CURRENT RIGID STANDARDS CONTAINED IN
STATUTES.
THE AMM WOULD ALSO
INTERFACE BETWEEN
LAND PLANNING A
INCONSISTENCIES BETWE
SUPPORT LEGISLATION WHICH ADDRESSES THE
STATE ENABLING STATUTE AND THE METROPOLITAN
AND ELIMINATES THE CONFLICTS AND
THE TWO.
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..
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IV
METROPOLITAN AGENCIES
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PAGE 35 THROUGH 49
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IV
METROPOLITAN AGENCIES
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IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES
The solution to some metropolitan problems is beyond the scope of
a single governing body. Therefore, when such problems arise, it
is in the interest of all concerned for governing units to
cooperate in reaching a solution.
There are also issues which are of such magnitude that they
encompass the concerns of the entire metropolitan area and such
issues must necessarily be dealt with by a metropolitan unit.
That unit, however should act in cooperation with local governing
bodies. Metropolitan Agencies and Local Governmental Units should
be viewed as partners with each respecting the role of the other
in addressing metropolitan wide problems and issues.
IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
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The diversity and political fragmentation of this metropolitan
area results in the need for a regional service delivery system to
provide certain services or portions of services to most
effectively and efficiently satisfy the needs of the residents.
Examples of this type of regional service needs are the prevention
of pollution, provision of certain transportation functions, etc.
There is also a need for planning on a metropolitan basis which
should be done. in cooperation with local government. The federal
and state governments require that some grant applications be
reviewed by a regional agency to determine consistency of these
applications with regional plans and programs.
THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN COUNCIL
AND METROPOLITAN AGENCIES SHOULD BE TO COORDINATE THE PLANNING AND
DEVELOPMENT OF THE METROPOLITAN AREA: TO PROVIDE WITHOUT
DUPLICATION THOSE AREA WIDE SERVICES WHICH ARE BEYOND THE
CAPABILITY OF LOCAL GOVERNMENTAL UNITS TO PROVIDE INDIVIDUALLY OR
JOINTLY: TO PROVIDE AREA WIDE PLANNING WHERE NECESSARY WITH
COOPERATION OF LOCAL GOVERNMENTAL UNITS: AND TO FULFILL THE
REGIONAL REVIEW RESPONSIBILITIES .FOR GRANTS AND LOANS AS
DIRECTED BY THE STATE AND FEDERAL GOVERNMENTS.
IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS
There is a natural tendency of any organization to seek more
authority in both breadth and depth; therefore, increased
authority to the Council and its Agencies should contain carefully
considered specific direction.
THE LEGISLATURE, IN GRANTING THE METROPOLITAN COUNCIL ADDITIONAL
AUTHORITY TO UNDERTAKE AN ACTIVITY, SHOULD SPECIFICALLY STATE THE
AUTHORITY BEING GRANTED AND NOT INCWDE GENERAL LEGISLATIVE
LANGUAGE SUCH AS... nINCWDING BUT NOT LIMITED TO SUCH MATTERS
AS..."
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ANY EXPANSION OR E SION OF AUTHORITY SHOULD BE CONSIDERED e
ONLY WHEN AT LEAST NE OF THE FOLLOWING CONDITIONS EXISTS:
-THE SERVICE, FUN ION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED
AND IT CAN BE DEMO STRATED THAT IT CANNOT BE EFFECTIVELY OR
EFFICIENTLY PROVIDE OR ADMINISTERED THROUGH EXISTING GENERAL
PURPOSE UNITS OF GO
IV-C
-INTERVENTION ON A GIONAL BASIS IS NEEDED FOR PROTECTION OF THE
REGIONAL INVESTMENT IN A METROPOLITAN PHYSICAL SERVICE SYSTEM.
PLANNING, IMPLEMENTATION AND FUNDING OF
SERVICES AND PROGRAMS.
The Metropolitan C uncil was established by the Legislature in
1967 to coordina e "the planning and development" of the
Metropolitan Area. he Council, was mostly advisory but was given
responsibility for egional policy development and coordination in
the areas of wa tewater treatment and disposal, land
transportation and airports. The Council was given limited
approval authority for development proposals which were of
metropolitan (regio al) significance. The Council was given no
direct operational uthority and instead the Legislature created
two new Metropolita Commissions (MWCC and MTC) and restructured
the MAC to operate and provide regional services. The Metropolitan ~
Council's responsi ility was expanded subsequently to include ..
regional parks an open space, solid waste, regional review
authority, approval authority for controlled access highways and
for certain elemen s (airports,transportation, parks and open
space,. and sewers) of local comprehensive plans. The Council was
not given operation 1 authority except for the regional HRA and
the Council can on y operate that authority in a city at the
request of that city.
C-l POLICY PLANNIN - POLICY IMPLEMENTATION
The historic legislative intent concerning separation of
responsibility for metropolitan (regional) policy planning and
policy implementatio should be reaffirmed.
THE METROPOLITAN
BODY. REGIONAL PR
EXISTING METROPOLI
UNITS OF LOCAL GO
C-2
CIL SHOULD BE A PLANNING AND COORDINATING
RAMS SHOULD BE IMPLEMENTED AND OPERATED BY
OPERATING AGENCIES AND/OR GENERAL PURPOSE
PROVIDED SERVICES
The Metropolitan Cou cil and the Metropolitan Agencies funding has
evolved over a peri d of time and is a mixture of property taxes,
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user fees, federal and state pass through revenues, etc. There
has been some discussion to replace these sources with a single
new revenue source.
THE AXH BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE
REGIONAL AGENCIES AND ACTIVITIES BY A COMBINATION OF USER FEES,
PROPERTY TAXES, STATE AND FEDERAL GRANTS, ETC. THE AHM BELIEVES
THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY THE
'PAYERS' AND THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW
REVENUE SOURCE TO REPLACE THE PRESENT FUNDING SOURCES.
C-3 REGIONAL TAX RATES AND USER FEES
The Legislature controls the maximum tax rates that can be levied
by the Metropolitan Council and the other Metropolitan Agencies.
We believe it should continue to do so. User fees are generally
controlled by the Metropolitan Agency collecting the fees (MAC,
MWCC and MTC) but the Legislature has on occasion interceded. The
setting of user fees, and the process for setting fees has
generally not been considered a problem by local officials except
for isolated cases. The AMM believes that:
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USER FEES FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE
LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY
PROVIDING THE SERVICE. USER FEES SHOULD BE REVIEWED BY THE
METROPOLITAN COUNCIL ON A PERIODIC BASIS TO ENSURE THAT SUCH FEES
ARE CONSISTENT WITH REGIONAL SYSTEM PLANS AND GOALS. AN OPEN
VISIBLE PROCESS/PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES
UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE
NECESSARY.
IV-D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION
Implementation of the legislation passed in 1976 mandating the
completion of local and regional comprehensive plans is complete.
Planning, however, is an ongoing process, and several precepts
should be kept in mind by Local Units of Government, Metropolitan
Agencies, and the State as this planning process continues.
METROPOLITAN SYSTEM PLANS, MUST CONTINUE TO BE SUFFICIENTLY
SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW
FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING.
THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS
(TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN
SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE
IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND
COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING.
LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL
PLANNING PROCESS ON AN ONGOING BASIS.
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....
DESIGNATION OF
SHOULD NOT BE MADE
WIDE PROBLEM OR CON
SYSTEM DESIGNATION~
REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS
SS THERE IS A COMPELLING METROPOLITAN AREA
THAT CAN ONLY BE SOLVED THROUGH A REGIONAL
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IV-E COMBINED S
- SEPARATION
The three communiti s of Minneapolis, st. Paul and South st. Paul
still have a signif cant amount of combined waste water and storm
water sewers which reate overflows of untreated waste water into
the Mississippi Riv r during heavy rains and storm water runoff
periods. These citi s have over many years been progressing with
sewer separation p ojects paid for primarily through local tax
levies. The Federa and state governments are pressing the issue
of meeting certain water quality standards in the Mississippi
River consistently which apparently cannot be done until
separation is compl tee The state has provided additional funding
since the 1985 Legi lative Session to help pay for the speed up.
IT HAS BEEN AMM PO CY THAT IF THE STATE GOVERNMENT CONTINUES TO
PURSUE THE ACCELERA ED COMBINED SEWER SEPARATION PROGRAM IN THE
THREE CITIES, THA IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE
THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER
COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT. THE
PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY.
IV-F METROPOLITAN C UNCIL BUDGET/WORK PROGRAM PROCESS
MONEY HAS ALSO BEEN AVAILABLE TO ASSIST IN
CT IN THE PAST. THE AMM UNDERSTANDS THAT
E CUT DRAMATICALLY IN FUTURE YEARS, REQUIRING
ING OF THE PROGRAM. AS THE CSO ISSUE HAS
TIONS, BOTH FOR STATE FINANCES AND FOR
METROPOLITAN AREA, THE AMM REQUESTS THAT ITS
VE THE OPPORTUNITY TO REVIEW AND COMMENT ON
GE IN THE FINANCING OR IMPLEMENTATION PLANS
ROJECT.
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CONSIDERABLE FED
THE SEPARATION PR
FEDERAL FUNDS WILL
A FINANCIAL RESTRU
SIGNIFICANT IMPLI
DEVELOPMENT IN
BOARD OF DIRECTORS
ANY SIGNIFICANT
FOR THE SEPARATION
The Metropolitan Council has an annual budget approaching 15
million dollars an its programs impact the two million plus
people living in he metropolitan area. The budget document
should convey suff' cient information so that the residents can
determine what 'p oduct' is being produced and how much the
'product' costs an the benefits. The budget process should
commence early enou h in the annual adoption cycle so that the
residents can provi e meaningful input as to goals and priorities.
F-1 BUDGET DETAIL AND SPECIFICITY
The annual budget a d work program document has been improved in
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recent years and contains more detail and specificity which
enables public interest groups to make more reasoned
recommendations but further improvements can be made.
MANDATED OR NON DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES
SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY
BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR
STATE GRANT SHOULD ALSO BE IDENTIFIED. MORE INFORMATION SHOULD
CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS EXPENDITURES AND
PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES.
F-2 RELIANCE ON PROPERTY TAXES
The AMM is aware of growing reliance on the
property tax to support Council activities. Federal grants
formerly funded about two/thirds of the Council Budget and the
local property tax about one/third. The federal portion has now
shrunk to about 20 percent and the property tax has increased to
over 60%.
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THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS
FORMERLY FUNDED BY FEDERAL GRANTS OR NON-LOCAL FUNDS TO DETERMINE
IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS
ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST
ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH
SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE
STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH
NEED TO BE EXAMINED INCLUDE SOLID WASTE, HEALTH CARE, HUMAN
SERVICES PLANNING, ETC.
F-3 PROGRAM EVALUATION
The Council usually levies the maximum or close to the maximum tax
levy allowed. It is difficult for 'outsiders' to determine if
internal evaluation is being performed to ascertain the
effectiveness or necessity of council programs or if they are
being continued because 'they have always been done.'
THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD
MEET FOUR TESTS:
-THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL
BEING OF THE REGION.
-COUNCIL INTERVENTION OR ACTIVITY WILL MAKE A DIFFERENCE.
-COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A
SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A
STATE LEVEL ACTIVITY.
-COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM
ACTIVITY.
IV-G METROPOLITAN PARK AND OPEN SPACE FUNDING
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The Legislature est blished the Metropolitan Parks and Open Space ~
System in 1974 and provided state/regional fiscal support for
acquisition and de elopment of the regional park system and
provided a "payment "n lieu of taxes" to local units of government
on a decreasing b sis for land removed from the tax rolls.
Partial state fun ing for the operation and maintenance of
regional parks has een provided by the legislature since 1985 in
recognition that r gional parks provide the same basic function
in this area as stat parks provide in greater Minnesota.
G-l OPERATION AND
Due to increased usa e, a leveling of state aids and the impact of
levy limit restrict "ons; it is becoming increasingly difficult
for the implementi g agencies to operate and maintain these
regional facilities.
THE AMM RECOMMENDS T THE STATE CONTINUE TO PROVIDE SUPPLEMENTAL
FUNDING TO IMP ING AGENCIES TO HELP PAY FOR THE MAINTENANCE
AND OPERATION COSTS F THE REGIONAL PARKS AND OPEN SPACE SYSTEM.
THIS FUNDING LEVE OUGHT TO BE INCREASED SUBSTANTIALLY FROM
PRESENT LEVELS (AB UT 10% OF TOTAL) TO MORE EQUALLY TREAT THE
METROPOLITAN AREA C MPARED TO GREATER MINNESOTA WHERE THE STATE
PAYS 100% OF THE C STS FOR STATE PARKS. THE AMM BELIEVES THE
STATE SHARE SHOULD B ABOUT 40%. THE REGIONAL PARKS SHOULD REMAIN
UNDER THE CONTROL OF THE IMPLEMENTING AGENCIES (CITIES AND e
COUNTIES) .
G-2 FUNDING FOR IMP CTS OF REGIONAL PARKS ON HOST COMMUNITIES
No provision was ma e to mitigate the cost impacts of a regional
park facility on a "host community", if such community is not the
owner of the facili y. The cost impacts include such items as
public safety costs, street and road maintenance, litter cleanup,
permanent loss of ta revenues, etc.
THE AMM RECOMMENDS T AS A CONDITION FOR RECEIVING STATE 0 & M
FUNDING FOR A REGI NAL PARK FACILITY, THE FACILITY OWNER AND
OPERATOR MOST NEGOT TE AN AGREEMENT WITH THE HOST COMMUNITY TO
REIMBURSE IT FOR I S ACTUAL DIRECT COST IMPACTS. THE HOST
COMMUNITY MOST 00 NT SAID COSTS AND THE METROPOLITAN PARKS AND
OPEN SPACE COMMISSI N (XPOSC) WOULD SERVE AS THE ARBITRATOR IF A
NEGOTIATED AGREEMENT IS NOT ACHIEVED.
G-J PRIORITY SE'rl'IN PROCESS FOR CAPITAL IMPROVEMENT GRANTS
Each legislative bie nium, the Metropolitan Council and the MPOSC
make a funding r quest to the legislature for funds for
acquisition and/or d velopment projects within the regional parks
system. As part of he grant request process, the Council and the
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MPOSC with significant input from the implementing agencies,
prepare a priority list of projects to be funded if the funds
granted are less than the funds requested.
THE AMH URGES THE LEGISLATURE TO PROTECT THE INTEGRITY OF THE
PROJECT PRIORITY PROCESS ESTABLISHED BY THE METROPOLITAN COUNCIL
BY NOT ALTERING THE PRIORITY PROJECT LISTING. THE AMM ALSO
STRONGLY ENCOURAGES IMPLEMENTING AGENCIES NOT TO CIRCUMVENT THE
PROJECT PRIORITY SETTING PROCESS.
G-4 REGIONAL BONDING FOR REGIONAL PARKS
The Legislature for the past several years has provided less than
25% of the funding requested by the Metropolitan Council and the
MPOSC on an annual basis. To allow for the orderly and planned
development schedule for the regional parks and open space system,
the Metropol i tan Council is planning to use previously granted
authority and issue regional bonds to make up part of the
shortage.
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THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND
COULD TAKE THE 'STATE OFF THE HOOK' IN FUTURE APPROPRIATION
CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY A
SUBSTITUTE FOR STATE PARKS IN THE METRO AREA AND SHOULD BE FUNDED
ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE PAYING
TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE METROPOLITAN
COUNCIL TO REDOUBLE ITS EFFORTS TO OBTAIN AN EQUITABLE SHARE OF
STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND OPEN SPACE
SYSTEMS.
IV-H WATER MANAGEMENT IN METROPOLITAN AREA
In order to safeguard the public health and the environment it is
necessary to plan and manage our water resources as a valuable
state and metropolitan resource. Most Water Management
Organizations (WMO's), cities, and towns are doing a good job of
deal ing with surface and groundwater management issues and
seem to be the most logical entities to have such responsibility.
These existing mechanisms should continue to be used to the
greatest extent possible to address surface and groundwater
management problems, instead of establishing a new system or
creating new organizations.
Local units of government should retain the basic responsibility
for surface water management as they are the level of government
closest to the problem but they need the financial resources and
tools to implement this responsibility.
THE AMH SUPPORTS THE OVERALL THRUST OF THE AMENDMENTS TO THE
METROPOLITAN SURFACE WATER MANAGEMENT ACT AS CONTAINED IN LAWS
1990, CHAPTER 601. HOWEVER, WE BELIEVE IT IS ESSENTIAL TO INCWDE
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CITY OFFICIALS IN A MEANINGFUL WAY AS THE BOARD OF WATER AND SOIL A
RESOURCES (BWSR) THE METROPOLITAN COUNCIL MOVE TO IMPLEMENT ..
THOSE AMENDMENTS. THE AMM DOES NOT BELIEVE ADDITIONAL MAJOR
CHANGES ARE HEEDED N THIS ACT AT THE PRESENT TIME BUT THERE ARE
SOME WATER RELATED SSUES WHICH SHOULD BE ADDRESSED:
-THE LOCAL COSTS 0 IMPLEMENTING THE SURFACE AND GROUND WATER
MANAGEMENT RES PONS I ILITIES SHOULD BE OUTSIDE OF LEVY LIMITS.
-THE LEGISLATIVE C KMISSION ON WATER SHOULD EXAMINE THE 1987
METROPOLITAN GRO ATER PLANNING AMENDMENTS TO ASSESS IF COUNTIES
ARE THE LOGICAL EHT TY TO MANAGE GROUNDWATER IN THE METROPOLITAN
AREA AND IF THE BW R BOARD SHOULD BE EXPANDED TO INCLUDE SOME
METROPOLITAN AREA C TY OFFICIALS.
-THE METROPOLITAN OUNCIL SHOULD FORM: AN ADVISORY COMMITTEE OF
LOCAL OFFICIALS TO SIST IT IN IMPLEMENTING ITS HEW SURFACE WATER
MANAGEMENT RESPONSI ILITIES.
ALSO THE LEGISLATU SHOULD PROVIDE FUNDS IF IT MANDATES ANY
ADDITIONAL WATER AGEMENT PLANNING OR .IMPLEMENTING ACTIVITIES
BY LOCAL UNITS OF VERNMENT.
The problem of mana ing the waste stream (for all types of waste)
is and will continue to be one of the major social
environmental prob ems during this decade. We are rapidly
running out of s ace (capacity for land disposal) in the
metropolitan area a d there are no general disposal facilities in
this state for Haz rdous Waste. We are also learning that for e
many materials in ineration may not be a good environmental
alternative to land ill disposal.
The existing waste anagement system centralizes responsibility at
the state level for hazardous waste but requires the cooperation
and support of all levels of government and the private sector.
The solid waste sys em for the metropolitan area is essentially a
three tiered syste: cities control and regulate collection;
counties are respo sible for ' siting' new landfills, developing
abatement plans, de eloping processing facil i ties and regulating
existing landfills; and the Metropolitan Council provides grants
and has regional pI nning and coordinating responsibilities. The
systems were intend d to foster and encourage abatement, recycling
and resource recove y for as much of the waste stream as possible
and then to assu e environmentally sound disposal for the
remaining waste. n spite of a great deal of cooperation and
coordination among and between the various levels and units of
government and the rivate sector, some major problems appear on
the horizon.
While much has be n accompl ished during the past decade in
improving the waste stream management system. Much remains to be
done and any futu e legislation should take into account the
following precepts.
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I -1 INTEGRATED WASTE STREAM PLANNING
The disposal of solid waste is a multifaceted problem which will
require the cooperation and participation of all levels of
government and the private sector to effectively develop a solid
waste system which is cost effective and environmentally sound.
To achieve such a system, all elements of the waste management
hierarchy (reduction, reuse, recycling, composting, incinceration,
landfilling) must be utilized. Further, it must be realized that
an effective "system" begins before materials become "waste" and,
as such, a comprehensive view of the entire life cycle of products
is needed in order to succeed.
-THE AMM ENDORSES THE CONCEPI' THAT SINCE GOVERNMENT IS RESPONSIBLE
FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING
INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT
GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE."
-THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES
REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND
LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A
MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY
ONE ELEMENT.
-THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF
REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT.
+THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN
EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE,
COMPOST, REUSE AND REDUCE WASTE GENERATION.
+LEGISLATION SHOULD BE
RECYCLED CONTENT STANDARDS
RECOVERY RATES, STANDARDS.
+ESTABLISH STATE REGULATIONS WHICH ENCOURAGES BEVERAGE AND FOOD
RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR
REUSABLE AND RETURNABLE CONTAINERS.
INITIATED TO REQUIRE PACKAGING TO MEET
AND/OR RECYLABILITY, DEFINED AS
+LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE,
DISTRIBUTION, AND DISPOSAL OF NON RECYCLABLE, NON RETURNABLE, AND
NON DEGRADABLE PACKAGING MATERIALS. FEES OR DEPOSITS ON THESE
ITEMS SHOULD BE CONSIDERED.
-THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL
INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR
METROPLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE SAME
GOAL OR OBJECTIVE.
-THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF
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YARDWASTES AND APPROPRIATE COMPONENTS OF THE SOLID WASTE
STREAM. GIVEN THE ROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS
AND REFUSE HAULERS ED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT
LOCATIONS TO DEPOS T BRUSH AND OTHER YARDWASTES FOR PROCESSING.
COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN
COUNCIL SHOULD E RESPONSIBLE FOR LOCATING AND OPERATING
COMPOSITING FACILIT ES AND MUST NOT DELEGATE THIS RESPONSIBILITY
TO CITIES WHICH 00 NOT WISH TO OPERATE SUCH FACILITIES. MINOR
CHANGES MAY BE NEE ED IN THE EXISTING OVERIDE PROCESS TO ENABLE
COUNTIES TO SITE SE TYPES OF FACILIITES.
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I -2 HAZARDOUS AND D GEROUS WASTE MANAGEMENT
The improper dispos 1 of hazardous wastes, through landfilling or
incineration, poses a major risk of water and air pollution. Much
has been done to onitor the generation and proper disposal of
hazardous waste by usiness and industry, and these efforts should
continue. However, he reduction, control and proper disposal of
household hazardous wastes is a significant concern which needs to
be addressed.
(A. ) HOUSEHOLD HAZ
US WASTE.
THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION
AND PROPER MANAGEME OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING:
-PERMANENT DROP 0 F OR DISPOSAL SITES - STRATEGICALLY AND
CONVENIENTLY LOCA ED THROUGHOUT THE STATE WHERE ALL TYPES OF ..
HOUSEHOLD HAZARDO S WASTES CAN BE TAKEN FOR PROPER HANDLING, ..
PROCESSING, OR DIS SAL.
-EDUCATIONAL AND PO NT-OF-SALE INFORMATION FOR CONSUMERS NOTIFYING
THEM OF THE HAZA DOUS NATURE OF CERTAIN PRODUCTS AND THE
IMPORTANCE OF PROP HANDLING.
-INVOLVEMENT OF T E GENERATORS (RETAILERS) IN THE MANAGEMENT
SYSTEM FOR HOUSEH LD HAZARDOUS WASTES TO HELP ASSURE PROPER
HANDLING AND PROCES ING.
-INFORMATION TO ONSUMERS ALERTING THEM TO NON-HAZARDOUS
SUBSTITUTES F R HAZARDOUS HOUSEHOLD PRODUCTS.
- ENCOURAGEMENT WHI COULD INCLUDE INCENTIVES TO MANUFACTURES TO
PRODUCE LESS HAZ US PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP
PRIORITY OF THE HO SEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO
REDUCE THE AMOUNT P ODUCED.
(B. ) COMMERCIAL/IN USTRIAL HAZARDOUS WASTE.
THE AMM SUPPORTS INUED EFFORTS AT THE STATE LEVEL TO PROPERLY
MANAGE INDUSTRIAL ZARDOUS WASTES, INCLUDING THE RE-USE, RECOVERY
AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH
CANNOT BE RE-USED OR REPROCESSED MUST BE DISPOSED OF IN AN
ENVIRONMENTALLY S ND MANNER. MANUFACTURERS SHOULD ALSO BE
ENCOURAGED TO REDU E THE AMOUNT OF HAZARDOUS MATERIALS USED IN
THEIR MANUFACTURING PROCESSES.
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(C.) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL
PROBLEM.
Re: Scrapping of automobiles, with air conditioning systems,
refrigerators, home air conditioners and building insulation
containing Ozone-Depleting Compounds.
Chlorofluorcarbons (CFC's) and Halons when discharged into the
environment deplete the earth's protective ozone layer, allowing
increased ultra-violet radiation causing such harms as skin
cancer, cataracts, supressions of the immune systems and damage to
crops and aquatic life. CFC's in a form commonly known as Freon
are widely used in airconditioning and refrigeration systems.
Fire extinguishers are the primary source of Halons released into
the earth's atmosphere. CFC's are often a propellent used in the
manufacture of foam board insulation. CFC's are a solvent in the
manufacture of electronic equipment.
The recapturing and recycling of freon from auto air conditioning
units could eliminate approximately 20% of all CFC's nationally.
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AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE
DISPOSAL OF CFC'S (FREON) AND HALONS. THE AIR CONDITIONING AND
REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT/DISPOSAL
INDUSTRY MUST RECAPrURE AND RECYCLE WASTE PRODUCTS. ELIMINATING
CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL.
I-3 METROPOLITAN/COUNTY RESPONSIBILITIES.
As noted previously, the cities have the responsibility for waste
collection including implementing and managing most recycling
type programs. The other waste stream management
responsibilities are basically split between the Metropolitan
Council and the Counties. Considerable progress has been made in
recent years in certain parts of the waste stream management
system particularly those aspects for which cities are
responsible. But several significant problems beyond the control
of cities are becoming evident including: the inability. of the
counties to site needed waste facilities (landfills, transfer
stations, compost sites, etc.), fluctuating and/or lack of markets
for some recyclables, uneven funding among counties to run the low
tech systems, and the radical variance in disposal costs
throughout the metropolitan area. Some of these problems are
urgent and significant changes may need to be made in the waste
stream management system in the metropol i tan area. Some of the
current waste stream management concerns are similar to the
concerns which precipitated the formation of other regional
commissions.
WHILE HOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE
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EXISTING INSTlTUT ONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE
GIVEN TO THE FO TION OF A REGIONAL SOLID WASTE COMMISSION.
SUCH COMMISSION HOULD INCLUDE LOCAL ELECTED OFFICIALS. MORE
ANALYSIS AND STU Y IS NEEDED TO DETERMINE THE TOTAL LIST OF
FUNCTIONS TO BE AS IGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW
PERFORMED BY THE OPOLITAN COUNCIL AND THE COUNTIES SHOULD BE
GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING:
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-RESPONSIBILITY R SITING CERTAIN TYPES OF WASTE PROCESSING AND
DISPOSAL FACILITI S.
-REGULATION OF 01 POSAL CHARGES (TIPPING/FEE) TO PROVIDE MORE
FAIRNESS AND EQUI Y.
-DISTRIBUTION OF DS TO SUPPORT THE LOCAL RECYCLING PROGRAMS.
-DISTRIBUTION 0 OTHER GRANT FUNDS NOW MANAGED BY THE
METROPOLITAN COUN IL
-MOST OTHER FUN IONS PERFORMED BY THE COUNCIL EXCEPr FOR THE
PLANNING FUNCTIO (LONG RANGE POLICY PLANS, ETC.).
-COORDINATION OF TING EFFORTS FOR RECYCLABLES.
-OWNERSHIP (INCLU ING THE ASSUMPTION OF DEBT) OF THE CURRENT MAJOR
PUBLIC DISPOSAL PROCESSING FACILITIES.
I -4 LOCAL SOLID
TE MANAGEMENT RESPONSIBILITIES
Cities have cert in responsibilities in helping to manage and
implement an eff ctive solid waste management system including
recycling program and the collection systems. The AMM believes
that to date cities, utilizing a variety of collection systems, e
are doing a goo job of managing Local Recycling and Waste
Collection.
THE RESPONSIBILI IES NOW ASSIGNED TO CITIES FOR SOLID WASTE
MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT
THE SYSTEM OUGH TO BE FLEXIBlLE AND BASED ON PERFORMANCE
STANDARDS AND/OR ALS RATHER THAN MANDATED TECHNIQUES. TO HELP
ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE
CREATION OF A DI POSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO
RESIDENTS WHO RE UCE THEIR VOLUME OF WASTE THROUGH ABATEMENT,
RE-USE AND SOURCE EPARATION ACTIVITIES.
1-5 FUNDING
The current funding system for" solid waste has a number of
drawbacks: It doe not encourage maximum utilization of the waste
disposal hierarch; it often gives no incentive to individual
residents to part"cipate in recycling; it does not differentiate
between generator of 'clean' waste and 'problem' waste; and it
has given no ass ranees that the main sources of funding are
related to the ent"ties incurring expenses.
-AMM BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL
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METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. ALSO THE
TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE
RECOGNIZED.
-AMM BELIEVES THAT IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM
SHOULD COME FROM THE GENERATORS OF SOLID WASTE THROUGH THE COST OF
DISPOSAL. IN PRACTICAL TERMS, THIS MEANS THAT THE TIP FEE SHOULD
BE THE GENERAL, ALL-PURPOSE VEHICLE FOR FUNDING.
-IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF
THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE
OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES.
-AMM SUPPORTS THE CONCEPI' THAT MATERIALS WHICH CAUSE SPECIAL
PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE
COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS.
-AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE
AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING
WHILE MAKING IT CLEAR THAT EVEN RECYCLING HAS A COST.
-AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION
OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE
ALL COSTS ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT
PORTION OF THE FUNDS RAISED THROUGH THE SALES TAX SHOULD BE
DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM
ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE
SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES.
1-6 ORGANIZED COLLECTION
Organized collection serves as a viable and important method for
municipalities to achieve solid waste abatement. It is a type
of service agreement that allows cities proper regulatory power
over their solid waste collection system. It provides
municipalities the opportunity to choose the type of solid waste
collection that would best serve their residents.
'Just Compensation' legislation is designed to limit
municipalities regulatory power in the area of solid waste
collection. In placing severe financial penalties on
municipalities that undertake organized collection, 'Just
Compensation' legislation infringes on municipalities rights to
establish intangible service agreements for municipal services.
-THE AMM ENDORSES THE CONCEPI' OF ORGANIZED COLLECTION AS A VIABLE
METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR
SOLID WASTE COLLECTION SYSTEMS.
-THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE
AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE
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COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR
RESIDENTS.
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-THE AMM OPPOSES LEGISLATION THAT WOULD IMPOSE COMPENSATION
PENALTIES ON MONIC PALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE
COLLECTION SYSTEM.
I-7 HOST CITIES
D CLEANUP RESPONSIBILITIES
While solid waste acilities are components of county and regional
solid waste manage ent systems, they must be located in individual
cities. Because t e number of facilities is limited, the effects
of hosting these acilities is not equally shared among cities.
Most of these effects are negative - an increased likelihood and
incidence of water, soil, air, and noise pollution; and increased
amount of litter nd offensive odors; a greater likelihood of
adverse impacts on values of neighboring properties; a need for
increased mainten nce on public streets and highways; and
potential threats 0 public health and welfare in areas immediate
to and along acc ss routes to these facilities. Longer-term
impacts may affec cities if the organizations responsible for
facility operati ns cease as financially viable entities.
Safeguards need to be enacted for host cities for the operations
and clean up re ponsibilities associated with solid waste
facilities.
The trend within he metropolitan area has been to internalize
present and futur costs of solid waste management on current 4t
generators of soli waste. These costs should include the extra
and adverse financial impacts borne by host communities. cities
host these regiona facilities because of accidents of geography.
Liabilities for hese facilities should be shared across the
region.
-THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH
SURCHARGE FEES AS A MINnroM LEVEL: THIS COMPENSATION SHOULD BE
CONTINUED OR INC EASED. THIS FORM OF COMPENSATION SHOULD BE
AVAILABLE TO ALL T PES OF SOLID WASTE FACILITIES.
-THE AMM BELIEVE THE HOST COMMUNITIES SHOULD NOT BEAR A
FINANCIAL LIABILIT ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS
INCURRED FOR MONI RING OPERATIONS AND CORRECTIVE ACTIONS SHOULD
BE BORNE BY FAC LITY OPERATORS OR, IN THE ABSENCE OF SUCH
REGULATIONS, BE SUMBD BY THE STATE OF MINNESOTA. LEGISLATION
NEEDS TO BE STREN THENED SO AS TO EXEMPT CITIES FROM ANY PRESENT
AND FUTURE LIABI ITY ARISING FROM OPERATIONS OF SOLID WASTE
FACILITIES. LEGI LATION SHOULD FURTHER ESTABLISH THAT PROCEEDS
FOR FUTURE REMEDI ENVIRONMENTAL ACTIONS BE IN A TRUST FUND.
-THE AMM WILL SUP RT LEGISLATION WHICH CLEARLY ARTICULATES THAT
REMEDIAL ENVIRO NTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON
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THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA.
-THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD
NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID
WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE
TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY
ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT
RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES.
-THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF
SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES
WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES.
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TRANSPORTATION
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PAGE 50 THROUGH 58
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TRANSPORTATION
V-A STREET AMD HIGHWAY FUNDING
An efficient transportation system is a vital element in planning
for physical, economic, and social development at the state,
regional, and local levels. Funding for current roadway
maintenance reconstruction, and construction of new streets and
highways in developing areas is a significant major element of a
competitive and safe transportation system. Due to past high
inflation and declining state revenues there has been a tendency
by the Legislature to divert much needed roadway funds to state
general expenditure. This trend must be reversed and funding
expanded to at least pace inflation plus growth to insure high
quality transporation within the state and metropolitan region.
THE AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF
FUNDS SO THAT NECESSARY STREET AND HIGHWAY MAINTENANCE MAY BE
CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY
OCCUR, AND THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH.
V-B MOTOR VEHICLE EXCISE TAX TRANSFER
The Transportation study Board (TSB) and the Minnesota
Transportation Alliance (MTA), formerly Good Roads, are both
recommending radical changes to the use of MVET and funding of non
maintenance highway functions. This is in recognition of the fact
that the legislature is not going to follow through on the 1980
legislative intent to transfer 100% of the MVET to the Highway
Users Fund and Transit Assistance Fund. The current transfer from
general fund is 30% or approximately $78 million for FY 1992 of
which $20 million goes for transit and $58 million under new law
goes to the Trunk Highway Fund. After 1991 cities and counties
are cut out of the MVET Highway fund distribution. The state's
Trunk Highway Fund, supposedly for construction and maintenance of
Highways, currently funds $68 million worth of related activities
including the Department of Public Safety (Highway Patrol),
Tourism, River Parkway, Safety Council and several others. It is
questionable if these activities are legitimate expenses from gas
tax funds per the Minnesota Constitution.
The TSB and MTA are both recommending removing the related
activities from the Trunk Highway Fund. In addition they are
recommending creation of a Transportation Services Fund for the
related activities as well as the Transit Fund for mass transit
including LRT both to be funded from a portion of MVET. This
funding exchange is approximately equal for existing Highway
Funding. The TSB would like to see a portion of MVET remaining
after use for the Services and Transit Funds go to highway
construction and maintenance.
THE AMM ENDORSES THE CONCEPT OF REMOVING NON HIGHWAY CONSTRUCTION
AND MAINTENANCE ACTIVITIES FROM THE STATE TRUNK HIGHWAY FUND AND
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THE CREATION
ACTIVITIES AND A
SHOULD BE FUNDED
V-C HIGHWAY AND
An efficient Tran
roadway and hig
elements must be
implementation esp
the travel needs t
highways as soon a
that to some degre
considered somewh
highway constructi
highway and tran
increased.
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A TRANSPORTATION SERVICES FUND FOR THESE
SIT FUND FOR MASS TRANSIT BOTH OF WHICH
OM DEDICATED MVET FUNDS.
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SIT INTEGRATION
portation System consists of both high quality
quality transit opportunities. These two
considered together from early planning through
cially in high growth Metropolitan areas where
nd to glut to excess capacity new or expanded
they are opened for use. The AMM understands
this is done in planning and that transit is
t when determining funding priorities for
however, it is felt that the integration of
is minimal and should be significantly
THE AMM URGES EXIS ING AGENCIES INVOLVED IN MAJOR HIGHWAY AND
TRANSIT PLANNING IMPLEMENTATION TO INTEGRATE THESE ACTIVITIES
TO ENSURE AN EFF CIENT TRANSPORTATION SYSTEM. CRITERIA USED TO
DETERMINE HIGHWAY DING FOR CONSTRUCTION AND EXPANSION SHOULD BE
REVIEWED AND UPDA ED TO REQUIRE INCLUSION OF TRANSIT MODES AND
OPPORTUNITIES, APPROPRIATE. ONLY WHEN THIS IS ACCOMPLISHED
WILL THE TRANSPO TATION SYSTEM BE TRULY EFFICIENT AND COST
EFFECTIVE.
V-D METROPOLITAN
Because of the
compact nature of
absolute necessity
mass transit se
Rideshare and Pr
viability of the
Metropolitan Highw
totally inadequate
in the area primar
be almost totally
are no funding r
to piCk up the
deteriorate. Ther
through the RTB sh
THE AMM REQUESTS
TRANSIT PROGRAMS
FUNDING ALTERNATI
VEHICLE EXCISE T
EFFICIENCIES.
SIT SYSTEM FUNDING
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arge economically diverse population but rather
the Twin City Metropolitan Area, it is an
to provide an effective and efficient public
ice augmented by a variety of programs, such as
ject MObility, to protect the economic
area. Without a good transit system, the
y system would not just be crowded, it would be
Many elderly and handicapped persons residing
ly because of access to unique services would
immobile. Due to statutory constraints, . there
sources available for other units of government
difference if the programs are allowed to
fore, legislative funding of transit programs
uld be a high priority.
LEGISLATURE TO CONSIDER THE METROPOLITAN
HIGH PRIORITY AND FUND THEM SUFFICIENTLY.
SHOULD INCLUDE THE STATE GENERAL FUND, MOTOR
THE FARE BOX, PROPERTY TAX, AND SERVICE
V-E HIGHWAY JURISD CTIONAL REASSIGNMENT AND FUNDING
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4It The state Highway study Commission and Metropolitan Jurisdictional
Task Force have been studying the possibility of reclassifying
many roadways in the state as to appropriate use classifications
and jurisdiction. This reassignment in the metropolitan area is
estimated to shift $6.1 million annually from the state and $1.2
million annually from the counties to the cities for an increase
of $7.3 million annually for general maintenance and life cycle
treatment (i.e. sealcoat, overlays, etc.). This task is
appropriate, but will have a profound effect on city finances and
future ability to maintain good road systems, especially if
certain criteria are not met and finance alternatives established.
Therefore, the AMM offers the following as a guide to continuing
discussion and ongoing studies.
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THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OF ROADS ON A PHASED
BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER APPROPRIATE
CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR FUNDING OF
ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE CITIES DO
NOT CURRENTLY HAVE THE FINANCIAL CAPACITY TO ABSORB THE ADDITIONAL
ROADWAY RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE
EXISTING MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON
CONTEMPLATED TURNBACKS.
V-F STATE AND COUNTY HIGHWAY TURNBACKS
Current state law provides that the state and/or county may
declassify a trunk highway and turn it back to a local unit of
government. The only provision is that it must be in
good condition. The unit receiving the highway does not have the
option to refuse title and must, thereafter, maintain the turned
back road. The local unit may add the turnback highway to its MSA
highway mileage and even exceed the unit's mileage limit if it is
already at its designated limit. This will qualify that
particular stretch of street for MSA maintenance funds. However,
two problems exist: 1) the maintenance allocation may not be
sufficient if the street is a high volume carrier, such as Highway
8 through Ramsey County; and 2) the miles of turnback designated
by the local unit as MSA streets will be deducted from the unit's
future additional MSA allocation limit, thus forcing the local
unit to totally maintain that portion from its local funds or lose
the right to determine at its option other local streets as ,part
of the MSA system.
THE ASSOCIATION OF METROPOLITAN MUNICIP~TIES REQUESTS THE
LEGISLATURE TO MODIFY THE LAW TO EITHER 1) ALLOW CITIES THE RIGHT
TO REFUSE HIGHWAY TURNBACKS FROM THE STATE OR COUNTY, OR 2) ALLOW
THE LOCAL UNITS MSA MILE LIMIT TO BE INCREASED BY THE MILES OF
TURNBACK WITHOUT AFFECTING FUTURE ALLOCATIONS AND ESTABLISH A
SPECIAL MAINTENANCE ALLOCATION FOR TURNED BACK HIGHWAY MILES BASED
ON VOLUME OF USAGE. FURTHER, STANDARDS AND CRITERIA FOR TURNBACK
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ROADS SHOULD BE
UNITS OF GO
OF THE CRITERIA FO
ESTABLISHED BY MNDOT IN CONJUNCTION WITH LOCAL
, AND NOT MEETING THESE STANDARDS BE MADE PART
WHICH A CITY MAY REJECT THE TURNBACK.
V-G CSAH DESIGNAT ON
County State A"d Highways located within cities may not be
abandoned, change, or revoked without the concurrence of the
governing body of he city unless the city refuses or neglects to
approve plans for onstruction which are in conformance with CSAH
standards for a eriod of one year. Counties would like the
authority to chang designation without preparing expensive plans
and without city c ncurrence based on changing conditions. cities
are concerned abou abandonment of major county roadways without
appropriate mainte ance. Therefore;
V-H '3C'
OFFICIALS
ROLE OF ELECTED
THE AMM OPPOSES E
STATE AID HIGHWAY
TIME AS ALTERNAT
NATION OF CITY COUNCIL CONCURRENCE FOR COUNTY
DONMENT, CHANGE, OR REVOCATION UNTIL SUCH
CAN BE DEVELOPED.
RTATION PLANNING PROCESS
The transportation planning process in the Twin City Metropolitan
Area has been deve oped in response to a variety of federal and
state laws and egulations. The Metropolitan Council (MC) was
formally designate by the Legislature in 1974 (1974 MRA) as the
agency responsible for the administration and coordination of said
planning process. Included within this designation is the
responsibility f r long range comprehensive transportation
planning required y Section 134 of the Federal Highway Act of
1962, . Section 4 0 Urban Mass Transportation Act of 1964 and
Section 112 of ederal Aid Highway Act of 1973, and such other
federal transporta ion laws as may be enacted subsequently. The
planning required nder the federal laws is commonly referred to
as the '3C' proces (continuous, comprehensive, and cooperative),
and the MC is the etropolitan planning organization (MPO) under
federal terminolog. Federal law and regulations require that the
MPO function as "the forum for cooperative decision making by
principal elected fficials of general purpose local government"
and receipt of federal financial aid for the planning,
construction and operation of transportation improvements in
urbanized areas i contingent upon the existence of a planning
process which is s tisfactory to federal authorities. When the
Legislature desig ated the MC as the transportation planning
agency for the metropolitan area, it also mandated the
establishment of an "advisory body" to assist the MC and
Metropolitan Trans't Commission (MTC), now Regional Transit Board,
in carrying out th ir responsibilities. While specific duties
were not assigne, the Legislature did specify that the advisory
body would consist of citizen representatives, municipal, county,
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and appropriate state agency representatives. This advisory body
is now called the Transportation Advisory Board (TAB) and contains
17 local elected officials among its membership of about 30
officials. The MC has consistently viewed the role of TAB as an
advisory body based on the 1974 MRA. Hence, local elected
officials in this area do not playas vital a role in the
federally mandated '3C' transportation planning process as was
intended by federal law and regulation. Although, the Federal
Regulations no longer require exclusive local official
representation as the MC, they still maintain local official
involvement in the MC and '3C' process. In addition, the current
elected official participation and '3C' process has worked
reasonably well in this Metropolitan Area.
THE AMM SUPPORTS AS A MINIMUM THE CONTINUATION OF THE CURRENT
LOCAL ELECTED OFFICIALS INVOLVEMENT IN THE '3C' PROCESS. IF
MODIFICATION IS CONSIDERED, THE AMM URGES GREATER LOCAL OFFICIAL
INPUT IN THE SELECTION PROCESS OF THE TRANSPORTATION PLANNING
AGENCY.
V-I LARGE TRUCKS (TRIPLE TRAILERS)
The trucking industry has recently proposed to the state
legislature to allow truck tractor and trailer combinations of up
to 110 feet on Minnesota state Highways. Due to off tracking of
rear wheels, acceleration distance needs, and time and distance
required for safe passing, current legal lengths are pushing the
limit of safety and physical ability of our interstate and trunk
highway systems. Longer tractor/trailor combinations would only
exacerbate these conditions beyond tolerable limits. To upgrade
the Highway System to accommodate longer units would be very
expensive reducing funding resources for other much needed
critical projects. Once allowed on the interstate and designated
trunk route highways there would undoubtedly by pressure to
provide access to various local areas which would be prohibitive
in cost for local upgrading and unacceptable for safety,
Therefore,
THE AMM URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR AND
TRAILER COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO
UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTECTION OF
PUBLIC SAFETY.
V-J MTC REDUCED SERVICE AREA MILL RATE
Prior to the 1988 Tax Bill, the levy for MTC was expressed as 2
mills and adjusted by a number of recalculations which raised the
total levy to between 3 and 3.5 mills. The 1984 Legislature
provided that based on reduced service, the MTC levy in certain
areas would be reduced. The reductions were intended to be either
25% or 16% but were expressed in mills and written in such a
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manner that less
intended by the Ie
no longer refers t
existing dollar am
area levy should
law.
\.
of a reduction than that amount originally
islature was actually implemented. Current law
mills but increases by growth percentages from
unts. The AMM feels that the reduced service
be adjusted to reflect the intent of the 1984
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THE AMM REQUESTS THE LEGISLATURE TO MODIFY THE REDUCED SERVICE
AREA LEVIES TO REF CT 1984 LAW INTENT OF 25% LEVY REDUCTION FOR
PEAK HOUR SERVIC ONLY AND 16% LEVY REDUCTION FOR PEAK PWS
PARTIAL OFF PEAK H UR SERVICE.
V-K SEAT BELTS
The Legislature pa
in 1986 and added
1, 1988. Original
non use of a seat
use ticket could
detained for anot
to 45% when pena
incidental to an
tickets to 80,000
sed a no penalty mandatory seat belt usage law
ome modest penalties effective beginning August
y, a violator could be stopped and ticketed for
elt. However, when penalties were added, a non
only be issued incidental to being stopped or
er traffic violation. Compliance went from 32%
ties were added. The change to ticketing
ther violation caused a reduction from 98,000
tickets.
THE AMM SUPPORTS A CHANGE IN THE SEAT BELT STATUTES WHICH WOULD
ALLOW ENFORCEMENT AUTHORITIES TO ISSUE CITATIONS FOR SEAT BELT
VIOLATIONS WITHO FIRST HAVING TO ENFORCE OTHER TRAFFIC CODE
VIOLATIONS.
V- L PEAK HOUR
The AMM is and has
and Transit progr
on the major metro
highway and transi
should be impl
facilities. One 0
the major inters
increase capacity
Recent statistics
trucks and passeng
THE AMM REQUESTS
FIRMS TO STUDY E
METROPOLITAN I
CAPACITY AND SAF
FORM OF REDUCED
DEMONSTRATION PROJ
e
TATE TRUCK BAN
been a strong supporter of funding for Highways
ms in recognition of the increasing congestion
olitan highways. In conjunction with increased
facilities, the AMM believes that programs
mented that would better utilize existing
these would be to eliminate large trucks from
ates during peak hour traffic. This would
y 15% plus provide increased public safety.
show an accelerating accident rate between
r vehicles during these hours.
THE LEGISLATURE AND MNDOT WORK WITH TRUCKING
NATION OF LARGE TRUCKS FROM SOME OR ALL OF THE
TATES DURING PEAK TRAVEL HOURS TO INCREASE
THE AMM ENCOURAGES IMPLEMENTATION OF SOME
UCK TRAFFIC DURING PEAK HOURS, INCWDING A
CT, AS SOON AS PRACTICAL.
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The purpose of a Transportation System is to provide mobility for
people and accessibility to and for economic development and
services. The most effective system will make maximum use of all
transit alternatives and strategies where they are most
appropriate, thus, creating a truly integrated system. Exclusive
reliance on only freeways is imprudent and possibly cost
prOhibitive primarily due to social and economic upheaval of
established neighborhoods for right of way acquisition. Transit
improvements are imperative, but even with implementation of
various load increasing strategies, the capacity is finite and
will reach unacceptable saturation limits within the forseeable
future. The AMM supports more coordination and integration of
Transit and Highway planning and implementation.
THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF SHORT AND
LONG HAUL SYSTEMS AND BE INCWDED IN ALL PLANNING DOCUMENTS AT ALL
LEVELS INCWDING EIS STUDIES.
THE LONG HAUL SYSTEM SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND
THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS
APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA
TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS.
THE SHORT HAUL SYSTEM COULD INCLUDE A VARIETY OF MODES, INCLUDING
A TAXI SYSTEM, BUSES, NON-MOTORIZED, AND PARK AND RIDES ADEQUATE
TO CONNECT THE LONG HAUL SYSTEM AND REGIONAL CENTERS, MAJOR TRIP
e GENERATORS AND COMMUNITIES, BOTH URBAN AND SUBURBAN.
BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE
REGIONAL PARK AND RIDE FACILITIES, WITH EASY ACCESS, CONSISTENT
WITH THE PLANNING OF A REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF
THE PUBLIC. FEEDER SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR
BUS PARK AND RIDE AND LRT STATIONS. PLANS SHOULD BE CONSIDERED TO
USE VAN POOLS TO ALSO FEED THE PARK AND RIDES FOR EXPRESS BUSES
AND LRT.
ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES
SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER
TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE
METROPOLITAN AREA.
THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN
PROPORTION TO THE BENEFIT OR SERVICES RECEIVED.
V-N MSA SCREENING COMMITTEE
The Metropolitan Highway Districts 5 and 9 were combined in
1989/90 administratively to form one Metropolitan Highway District
within the MNDOT structure. By law the MSA screening committee
consists of one member from each Highway District and first class
city. Technically, the combining of Districts 5 and 9 reduces the
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membership by one from the metro area. This was not intended by
MNDOT. Therefore; e
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THE AMH REQUESTS
SEATS ON THE MSA S
DISTRICT.
STATUTES BY MODIFIED TO PRESERVE TWO
COMKITTEE FROM THE METROPOLITAN HIGHWAY
V-O METROPOLITAN T
0-1
A number of cies have suggested the use of a special
Metropolitan Tax or various purposes. The AMM membership has had
extensive discussi n on this issue, and given the reality that a
metro tax will c ntinue to be considered, the AMM offers the
following position:
FEELS THAT ANY HEW METROPOLITAN TAX SHOULD BE
IC NEED THAT CAN BE IDENTIFIED AS CRITICAL TO
AND THAT CURRENT FINANCIAL OR TAX RESOURCES
IVERTED FROM LESSOR PRIORITY ACTIVITIES.
THE AMM MEMBERSHI
RELATED TO A SPECI
THE METROPOLITAN
CANNOT BE USED OR
0-2
If it is shown tha
that there is no
principles should
an activity is in critical need of funding and
urrent source that can be used, then certain
e applied.
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ANY HEW METRO G
AS A REASON TO RED
ACTIVITY OR REDI
REGIONS.
TED TAX OR REVENUE SOURCE SHOULD NOT BE USED
CE CURRENT OR FUTURE STATE ALLOCATIONS FOR ANY
CT METRO TARGETED STATE AGENCY FUNDS TO OTHER
A HEW TAX AND TS SOURCE, TO THE DEGREE POSSIBLE, SHOULD BE
RELATED TO THE USE.
A HEW TAX SHOULD B IMPOSED AS BROADLY AS POSSIBLE AND TO THE
GREATEST EXTENT ON THE USER OR LARGEST BENEFICIARY OF
THE ACTIVITY FUNDE .
SOURCE SHOULD BE STABLE.
THE FUNDS SHOULD B DEDICATED TO THE STATED PURPOSE, NOT ACCOUNTED
FOR IN OR THROU H THE STATE GENERAL FUND, AND SPENT ONLY ON
METROPOLITAN PROJE S.
CHOSEN SHOULD BE ONE THAT WILL NOT
GOVERNMENT REVENUE OPTIONS OR IMPACT LOCAL
CRITICAL ACTIVITIES.
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The AMM does feel that Transportation needs are becoming critical
in the Metropolitan Area and that LRT must be examined within the
context of the total Transportation system. A proposal has been
brought forward by the Regional Transit Board to fund LRT
AMM SUPPORTS THE CONCEPI' OF A METROPOLITAN TAX FOR METROPOLITAN
TRANSPORTATION NEEDS, INCLUDING LRT WITH THE FOLLOWING
CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE
EXCISE TAX, SALES TAX, AND PAYROLL TAX SHOULD BE INVESTIGATED;
AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE
CONSIDERED.
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VI
ENDORSEMENT POLICIES
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ENDORSEMENT POLICIES
e VI-A TRUTH IN TAXATION (LMC POLICY RS-4)
The League recommends improvements in the truth in taxation law
designed to make the process meaningful for property taxpayers and
workable for cities and other local units of government. The
League believes that all levels of local government (including
counties and school districts) as well as the state government
should be required to follow similar truth in taxation
requirements for public hearings on budget and tax issues.
The Legislature should make changes in the following areas.
1. NOW THAT TRUTH IN TAXATION IS IN PLACE, LEVY LIMITS SHOULD BE
ABOLISHED. IF THE LEGISLATURE CONTINUES TO IMPOSE RESTRICTIVE
LEVY LIMITS, THEN ONLY CITIES WHICH NEED TO EXCEED THEIR LEVY
LIMITS SHOULD BE REQUIRED TO GO THROUGH THE TRUTH IN TAXATION
PROCESS.
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2. PARCEL-SPECIFIC TRUTH IN TAXATION NOTICES SHOULD BE REQUIRED
AS SOON AS POSSIBLE IN ALL COUNTIES SO THAT THE PRECISE IMPACT OF
BUDGET AND LEVY DECISIONS ON INDIVIDUAL TAXPAYERS' BILLS ARE
DISPLAYED. STATE FUNDS SHOULD BE APPROPRIATED TO FINANCE
COMPLIANCE WITH THIS STATE MANDATE. Under current law, most
counties (except Hennepin, Ramsey, and st. Louis) are required to
produce a general notice that only indicates the proposed levy
(after reduction by LGA) and the percent increase or decrease
from the previous year's levy. In many cases, such statements
will mislead taxpayers about the effects of levy changes on their
property tax bills. Only a parcel-specific notice can avoid
misleading taxpayers.
3 . LOCAL GOVERNMENTS SHOULD BE ALLOWED TO AMEND THE LEVY THAT
THEY PRELIMINARILY PROPOSE TO THE COUNTY AUDITOR ON SEPI'EMBER 1.
IN ADDITION, THE TRUTH IN TAXATION PROCESS SHOULD APPLY ONLY TO A
LOCAL UNIT'S LEVIES, NOT ITS TOTAL BUDGET. Truth In Taxation
requires budget adoption and levy certification by September 1.
Many cities will have a difficult time realistically assessing
their budget needs that far in advance of the beginning of the
budget year. The early certification date, in combination with
the rule that prevents the city's final levy from exceeding its
preliminary September 1 estimate, could work against responsible
budgeting and force cities to overestimate their budget needs in
order to avoid potential revenue shortfalls.
4. SINCE TRUTH IN TAXATION NOTICES MUST BE SENT TO EACH PARCEL OF
PROPERTY, LOCAL UNITS SHOULD NOT BE REQUIRED TO PUBLISH NEWSPAPER
ADVERTISEMENTS.
5. THE METHOD FOR CALCULATING THE PROPOSED TAX INCREASES SHOWN ON
'TAXPAYER TRUTH IN TAXATION NOTICES SHOULD REFLECT AS ACCURATELY AS
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POSSIBLE THE ACTO YEAR-TO-YEAR INCREASES OR DECREASES OCCURRING
IN TAXPAYERS' TAX ILLS.
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6. A BE ALLOWED TO USE ITS OFFICIAL NEWSPAPER TO
PUBLISH NOTIFICATI N OF A RECESSED TRUTH IN TAXATION HEARING, AS
LONG AS THAT NEWS APER IS ONE OF GENERAL INTEREST AND READERSHIP
IN THE COMMUNITY.
STATEMENTS PROVIDED TO HOMEOWNERS SHOULD
THE AMOUNT OF STATE-PAID PROPERTY TAX RELIEF
ARCEL OF PROPERTY. For example, artificial
omestead credit" amounts are not acceptable.
7 . PROPERTY TAX
ACCURATELY REFLE
PROVIDED FOR THE
calculations of "
VI-B
(U!C POLICY)
THE LEGISLATURE S OULD NOT ATTEKPr TO CONTROL OR RESTRICT CITY
CASH BALANCES OR SERVES. RESERVES ARE NECESSARY TO MAINTAIN THE
FISCAL VIABILITY F CITY GOVERNMENTS, TO PURCHASE CAPITAL GOODS
AND INFRASTRUCTURE AND TO MAINTAIN HIGH LEVEL BOND RATINGS.
The 1989 Legislat re initiated discussion and study of cities'
cash balances and eserves. There are several reasons why cities
must carry adequat reserves and cash balances.
First, cities nee substantial cash balances at the beginning of
their fiscal year 0 finance their expenditures for the first six
months of the ye r. By statute, cities' fiscal year is on a e
calendar year basi from January 1 through December 31. The major
sources of city revenue are property taxes and state aid.
Property tax payme ts are not made to cities until June and state
aid is not provide until late JUly--six to seven months into the
city fiscal year. Without a substantial cash balance at the
beginning of the y ar, cities would not have funds to operate for
the first half of the fiscal year. The only alternate would be
for the city to en age in costly borrowing which is neither in the
taxpayers' nor the state's interest. The state auditor and city
auditing firms ha e suggested that to be prudent, cities should
carry an end-of-th -year dedicated cash balance sufficient to fund
city expenditures or the first half of the year.
Second, many citie , in order to save taxpayer dollars and avoid
paying costly debt interest, accumulate reserves for major capital
purchases and inf astructure. A common example is increasing
reserves to purch se an expensive fire engine or public works
vehicle. In some cities, it may appear as if a city has a large
reserve compared t its annual expenditures, but in reality it is
"saving" for a maj r purchase and has minimal real cash reserves.
Because of the vas differences in the size of the 855 cities of
Minnesota and t e various local preferences in financing
purchases, it would be bad public policy for the Legislature to
restrict or elimi ate cities' abilities to accumulate reserve
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funds.
Third, cities need some reserves to meet emergency or
unanticipated expenditures created, for example, buy natural
disasters, lawsuits, and premature breakdown of vital equipment.
F'inally, the bond rating firms require liquidity and ability to
pay debt in order to receive a favorable bond rating. Bond rating
firms scrutinize city reserve levels when rating bonds. The
better the bond rating, the lower the interest cost is to the
t.axpayer.
VI -C SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION. (UlC POLICY
:RS-S)
'l'HE LEAGUE OPPOSES FORCING LOCAL GOVERNMENTS TO PAY THE SIX
PERCENT SALES AND MOTOR VEHICLE EXCISE TAX ON THEIR PURCHASES.
F'orcing local governments to pay the state sales tax means one
level of government is taxing another. This increased sales tax
will directly result in increased local property taxes.
In 1987, the governor proposed extending the six percent sales and
motor vehicle excise tax to purchases made by cities and other
local government units. While rejecting the sales tax proposal,
the Legislature did accept the motor vehicle excise tax plan,
effective with city purchases of vehicles made after May 31,
1987. This excise tax, however, does not apply to public safety
vehicles.
VI-D STATE ADMINISTRATIVE COSTS. (LMC POLICY RS-6)
THE LEAGUE STRONGLY OPPOSES DEDUCTING STATE ADMINISTRATIVE COSTS
FROM FUNDS APPROPRIATED FOR PROPERTY TAX RELIEF. IN ADDITION, IF
A STATE AGENCY IS REQUIRED TO RECOVER COSTS THROUGH A STATE
CHARGE-BACK FOR SERVICES TO LOCAL UNITS, THEN DURING
ADMINISTRATIVE HEARINGS THE STATE SHOULD BE REQUIRED TO JUSTIFY
THEIR CHARGES ON THE BASIS OF THE SERVICES PROVIDED TO THE
INDIVIDUAL LOCAL UNITS.
All state government costs should be subject to the standard
appropriation review process and be funded directly by specific
state appropriation, not by a broad deduction from property tax
relief programs. While decisions on the necessary staffing and
funding levels for state agencies are made by the appropriations
committees, tax policy decisions should be handled by the tax
committees.
When state administrative costs are financed through the local
government aid (LGA) appropriation, funds available for property
tax relief are reduced, defeating the purpose of LGA. In 1990,
such state costs included the unprecedented large sum of $460,000
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to fund the stat auditor's office and certain department of
administration fun tions related to local government. In the case 4It
of the state audi or's office, earmarked deductions from LGA are
being used to inance over 40 percent of the auditor's
state-appropriated budget, an inappropriate action in the League's
opinion.
Furthermore, LGA funds are being used to finance auditor and
department of adm" nistration operations which do not relate to
cities, but to al local governments--counties, school districts,
and townships. T e LGA program is largely designed for and used
by cities. Othe state programs--county income disparity aids,
school aids--large y benefit other units of local government. the
League believes i is wholly inappropriate and unfair to almost
exclusively tap c"ty funds for programs which relate to all units
of local governmen .
In order to promo e a cohesive and coordinated state tax policy
and provide for ad quate review of proposed state agency costs, it
is recommended t at no state agency's administrative costs be
deducted from pro erty tax relief funds. This will allow the tax
committees to ful y determine the level of property tax relief to
be provided.
(!MC POLICY GLP-5)
VI-E
THE LEAGUE SUPPORT
IN COMPENSATION 0
REFRAIN FROM FUR
EVALUATES IMP
EFFORTS TO ELIMINATE ANY SEX-BASED DIFFERENCES
PUBLIC EMPLOYEES AND ASKS THE LEGISLATURE TO
AMENDING CURRENT LAW UNTIL THE LEGISLATURE
ATION REPORTS IN 1992.
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THE LEAGUE SUPPOR S PROVIDING FINANCIAL ASSISTANCE TO CITIES IN
THE FORM OF A SPE IAL LEVY OR PERMANENT LEVY BASE ADJUSTMENT FOR
EQUITY ADJUSTMENTS OR A LIMIT ON THE AMOUNT OF EQUITY ADJUSTMENTS
WHICH A LOCAL GO RNMENT MUST MAKE IN ANY YEAR. Following a
review of impleme tat ion reports, the legislature should exempt
from the law thos employers for which a job evaluation system
proves unworkable, such as those with too few employees or too
many single incumb nt job positions.
The 1990 legislatu e enacted significant amendments to the state's
comparable worth egislation. Many local governments will incur
substantial costs in adjusting their implementation programs. As
a result of the ch nges, some cities may not finish implementation
by the December 1991 deadline. Further changes only months prior
to the deadline w uld be irresponsible. Following the deadline,
the legislature s ould evaluate the implementation reports and
consider options for providing financial assistance to those
jurisdictions still deemed out of compliance with legislative
goals.
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VI-F LIQUOR ISSUES. (LMC POLICY GLP-7)
THE LEAGUE OPPOSES THE ESTABLISHMENT OF ONE CLASS OF BEER AND THE
OFF-SALE OF WINE IN OTHER THAN LIQUOR STORES, but supports
greater local authority regarding hours of sale and license fees.
The establishment of one class of beer in Minnesota would cause
substantial problems in controlling the sale of beer in filling
stations, grocery stores, drug stores, and elsewhere where 3.2
beer is sold. Also, with regard to a proposal for only one class
of beer in Minnesota, current 3.2 on-sale establishments could be
selling strong beer without the supervision and controls imposed
upon on-sale liquor establishments and municipal liquor stores, or
would be forced to meet most if not all the restrictions on
intoxicating liquor establishments.
cities should be authorized by law to extend drinking hours from
1:00 to 2:00 a.m. and be authorized to charge a special license
fee for this privilege.
VI-G ECONOMIC DEVELOPMENT AUTHORITIES. (LMC POLICY)
The AMM believes that cities should have equal development
authority and powers.
THE AMM SUPPORTS LEGISLATION WHICH WOULD PROVIDE CITY ECONOMIC
DEVELOPMENT AUTHORITIES WITH THE SAME POWER AND AUTHORITY AS
CERTAIN CITIES HAVE BEEN GRANTED IN SPECIAL PORT AUTHORITY ACTS.
VI-H MUNICIPAL SERVICE DISTRICTS. (LMC POLICY)
Many court decisions relative to special assessments have made it
extremely difficult for cities to use special assessments to finance
public services and improvements. The Minnesota Supreme Court has
interpreted the State Constitution to require not only that a
special assessment project specially benefit affected parcels of
property but also that the city be able to prove that the market
value of a property will increase in direct relation to the amount
of the special assessment applied to that property. Also cities'
ability to finance annual operating and maintenance costs of some
services to property through the use of special service changes is
either unclear or non-existent under current law. The only current
financing alternative to special assessments or services charges is
the general property tax. But it may not be desireable to use the
general property tax to finance some capital or operating expense
for various reasons.
THE AMM SUPPORTS LEGISLATION WHICH WOULD ALLOW CITIES TO CREATE
MUNICIPAL SERVICE DISTRICTS. CITIES SHOULD BE ALLOWED TO FINANCE
THE TYPE OF IMPROVEMENTS LISTED IN M.S. 429.021 (RELATING TO THE
CONSTRUCTION, REPLACEMENT, AND MAINTENANCE OF SUCH THINGS AS
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to
STREETS, SIDEW
SYSTEMS, STREET
BOTH SERVICE
AVAILABLE TO
DISTRICT.
, GUTrERS, STORM AND SANITARY SEWERS, WATERWORKS .
GHTS, AND PUBLIC MALLS, PARKING, OR COURTYARDS). .
GES AND AD VALOREM PROPERTY TAXES SHOULD BE
ANCE SERVICES OR CAPITAL IMPROVEMENTS IN THE
VI-I HAZARDOUS S TE CLEAN-UP AND REDEVELOPMENT. (LMC POLICY)
Minnesota cities have difficulty in redeveloping sites that
require clean up of chemical contamination. The inability to
clean up and rede elop contaminated sites has significant negative
effects on the ar a in which the sites are located and has broad
implications for eneral public health and safety. The State and
Federal Superfund is limited, recent .changes to the tax increment
law make it eve less likely that money generated from a
"hazardous subst nce subdistrict" will be sufficient and many
other impediments exist to redevelopment of these contaminated
sites. Mechanism for the treatment and redevelopment of affected
sites must be imp emented.
THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES SUPPORTS
LEGISLATION WHICH WOULD ACCOMPLISH THE FOLLOWING:
(1) PROVIDE FOR STATE-WIDE REVOLVING LOAN FUND TO HELP CITIES
FINANCE CL AN-UP COSTS WHEN SUPERFUND MONEY IS NOT
IMMEDIATELY AVAILABLE, REIMBURSEMENT FROM "HAZARDOUS
SUBSTANCE SU DISTRICTS" IN "TAX INCREMENT DISTRICTS" IS NOT e
SUFFICIENT, 0 DEVELOPMENT POSSIBILITIES EXIST; AND
(2) GIVE MONICI 1U.ITIES ACCESS TO A SITE FOR TESTING PURPOSES
BEFORE COMME CING A FORMAL EMINENT OOMAIN ACTION; AND
(3) IN AN EMI OOMAIN PROCEEDING COMMENCED BY A MUNICIPALITY,
TO ALLOW FOR A REDUCTION IN THE COMMISSIONER'S AWARD FOR THE
ESTIMATED AM UHT OF POLLUTION CLEAN-UP COSTS IF KNOWN: AND
IF THE EST TED POLLUTION CLEAN-UP COSTS ARE NOT KNOWN, TO
ALLOW THE ICIPALITY TO TAKE THE PROPERTY WHILE RETAINING
THE RIGHT TO COVER POLLUTION CLEAN-UP COSTS FROM THE OWNER;
AND
( 4) AMEND THE MI SOTA ENVIRONMENTAL RESPONSE AND LIABILITY ACT,
MINN. STAT. CR. 115B TO EXCLUDE MUNICIPALITIES AND OTHER
PUBLIC BODIE FROM LIABILITY FOR RESPONSE COSTS AND DAMAGES
ARISING IN C NNECTION WITH THE RELEASE OR THREATENED RELEASE
OF HAZARDOUS UBSTANCES.
VI-J (LMC POLICY)
THE LEAGUE SUPPO S OPPORTUNITIES FOR ALTERNATIVE FINANCING FOR
LOCAL TRANSPORTATI N NEEDS INCLUDING THE OPTION OF LOCAL AUTHORITY
FOR TOLL FACILIT ES. Cities should be given the flexibility
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It
necessary to finance future needs through public, private, or joint
agreements.
VI-K ROAD ACCESS CHARGE. (n!C POLICY)
THE LEGISLATURE SHOULD AUTHORIZE CITIES TO ESTABLISH, AT THEIR
OPl'ION, ROAD ACCESS CHARGES FOR NEW RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL DEVELOPMENT. Growing communities are finding it
increasingly difficult to finance construction of facilities
needed for new residential, commercial, and industrial
development. Assessments on developing property for sewers and
streets which directly benefit the property are the most common
available legal option.
Often, however, there are major streets leading to new
development that need to be constructed. Under current law, only
the abutting benefitted property can be specially assessed, and
then only for the degree of benefit. This is generally inadequate
to pay for the roadway upgrades which are necessary to serve
larger populations. cities should be allowed to levy such charges
on an area or per lot basis at the time subdivisions are approved,
(similar to park dedication fees), or on existing open lots when a
building permit is issued. For other services, the Legislature
has recognized similar problems and authorized charges to provide
facilities which do not directly abut the affected property. Two
such instances are park dedication fees and sewer availability
~ charges.
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