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Home My WebLink About1991-08-27 CC Packet Special Meeting e illwater - ~ - ~ THE BIRTHPLACE OF MINNESOTA J TO: Mayor and City Council FR: Sheila McNamara DA: August 22, 1991 RE: SPECIAL COUNCIL MEETING ON TUESDAY, AUGUST 27, 1991 AT 3:30 P.M. This memo is a reminder to Council that a Special Meeting has been scheduled for Tuesday afternoon at 3:30 p.m., August 27, 1991 in the City Council Chambers, 216 North Fourth Street, Stillwater, Minnesota to discuss the following: e 1. Adopt Proposed 1992 Budget. 2. Adopt Proposed 1992 Tax Levy. 3. Adopt Proposed 1992 Capital Outlay Expenditures. 4. Other Business. ., - CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e RESOLUTION NO. 91-165 ADOPTING THE PROPOSED BUDGET FOR 1992 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed Budget for the General Fund is hereby adopted for the year 1992 with revenues in the amount of $4,727,982, and expenditures in the amount of $4,668,048 . Adopted by Council this 27st day of August 1991. ATTEST: City Clerk Mayor e e e RESOLUTION NO. 91-166 ADOPTING THE PROPOSED TAX LEVY FOR THE YEAR 1992 BE IT RESOLVED, by the city Council of the City of Stillwater, Minnesota, that the sum of $3,555,899 be, and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1992. Adopted by the City Council this 27st day of August 1991. Hayor Attest: City Clerk RESOLUTION NO. 91-167 e AOOPTING THE 1992 PROPOSED CAPITAL OUTLAY EXPENDITURES AND DECLARATION OF OFFICIAL INTENT TO REIMBURSE THE 1992 PROPOSED CAPITAL OUTLAY EXPENDITURES Whereas, the City Council of the City of Stillwater has reviewed the Proposed 1992 Budget and Proposed 1992 Capital Outlay, and Whereas, the City of Stillwater is required by State Statute to adopt a 1992 proposed budget and 1992 proposed tax le~, and Whereas, the 1992 proposed capital outlay expenditures are an integral part of the 1992 proposed budget, and Whereas, the City of Stillwater intends to comply with treasury regulations, Section 1.103- 17 and 1.103-18 (the "Regulations"), proIffillgated under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. Attached to and made a part of this resolution as Schedule A is a description of estimated amounts and types of costs to be incurred by the City with respect to certain property to be acquired or constructed by the City. 2. None of the costs has been paid by the City prior to the date of this resolution. Each of the costs relates to property having a useful life of at least one year. e 3. The City of Stillwater intends to reimburse itself for the payment of the costs out of the proceeds of a taxable or tax exempt bond issue, debt or similar borrowing to be issued by the City after the date of payment of the costs. In the meantime, the City reasonably expects to pay and temporarily finance the costs from general funds and/or special revenue funds and/or enterprise funds. 4. The reasonably expected source of funds to be used by the City to pay the debt service on the bonds is a general property tax levy for the City of Stillwater. 5. As of this date, there are no sources of City funds which are or are reasonably expected to be allocated on a long-term basis, reserved or otherwise available pursuant to the City's budget, to provide permanent financing for the costs, other than the bonds. 6. The City of Stillwater certif ies, as of this date, that the above statements are reasonable and accurate and are consistent with the City's budgetary and financial circumstances. Adopted this 27th day of August 1991. Hayor Wttest: City Clerk SCHEDULE A 1992 CAPITAL OUTLAY e Requests Recorrrrnend Administration/Finance Computer Copy Machine File Cabinets Auto Total 3,500 15,000 750 10,000 $29,250 o o o o o Plant/City Hall Basement Improvements for Physical Conditioning Room Facility study Total 15,000 25,000 $40,000 o o o e Police Typewriter Two computers, printers, software Law Enforcement software Night surveillence scope Three siren controls & siren Three portable mobile radios Two cellular phones One camcorder One vehicular radio & install Vehicle lights Two squad wJchangeovers Total 300 6,000 2,800 4,300 2,700 2,250 1,000 1,200 2,000 700 28,300 $51,550 300 6,000 2,800 o o 2,250 o 1,200 o o o $12,550 Fire Hose and torch slice pack $1,500 $1,500 Elections Voting Machine $200 $200 Public Works - General Miscellaneous Equipment $500 $500 Public Works - streets storm Sewer Projects Sweeper One Ton Water Truck Total 90,000 90,000 $180,000 40,000 90,000 o $130,000 Inspections Truck 12,000 10,000 Public Works - Shop Gas Tank Removal & Replacement Building Addition Miscellaneous Equipment 50,000 400,000 5,.000 50,000 o 5,000 e Total $455..000 $55,000 Total General Fund $766,500 $209,750 1 e e e SCHEDULE A 1992 CAPITAL OUTLAY Requests Recommend Sewer Remove & Replace three tanks Pickup Truck Lift Stations Total 30,000 20,000 75,000 $125,000 30,000 o 75,000 $105,000 Parking One used vehicle 2,000 o Parks Tractor/Mower Air Compressor Playground Equipment Replace Stone 16,000 1,500 9,000 3,000 16,000 1,500 o o Total $29,500 $17,500 Lily Lake Resurface three tennis courts & one basketball court Goal Frame & Nets Plexiglas for bleaches Blacktop new parking area Concrete driveway Sidewalk to entrance Total 31,700 1,200 5,000 9,000 3,000 1,500 $51,400 o 1,200 o o o 1,500 $2,700 Library Video Racks Computer - Macintosh Public Access Catalog Computer - IBM FAX CD ROM for reference Landscaping Stone Bench Total 820 1,282 35,000 2,500 1,500 1,250 250 750 $43,352 $1,017,752 820 1,282 35,000 o 1,500 o o o $38,602 $373,552 Grand Total Capital Outlay ": ., .<. @ e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF illwater '~ '7 -- ~~ THE BIRTHPLACE OF MINNESOTA ' J e GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: AUGUST 26, 1'391 RE: TEMPORARY ASSIGNMENT OF THE POLICE SCHOOL LIAISON OFFICER ------------------------------------------------------------------ e '> The Department Affairs Committee met on Friday, August 23, 1 '3'31.' ,As: part of this meeting, the temporary assignment of an Officer to the Police School Liaison position was discussed. The Committee was g~ven an explanation of the direction given me by the City Counc{1 at it's meeting of August 20th and the options available for the selection of a temporary PSLO. Both Officer Magler and Officer Wardell were present at the meeting. The Committee considered and discussed the options available and unanimously chose to place Officer Wardell in the position of temporary PSLO. Her first day of her new assignment was Monday August 26, 1'3'31. I would like to request the Council pass a resolution appointing Officer Leslie Wardell to the Temporary position of Police School Liaison Officer/Juvenile Investigative Officer effective 8:00 A.M., Monday, August 26, 1'3'31. '31-53 e 'rq.~, "n,:)' r'\,...\I C'T\~11 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 t='r/> Phnnp. R1?A~q.R120 ~,~ .~ ~ , .. IIiII STILLWATER AREA SCHOOLS ~ Effective Learning Through Excellence in Education 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 430-8200 · V-TDD august 21, 1991 John R i 1 ey Commissioner of Transportation Minnesota Department of Transportation Room 411 Saint Paul, Minnesota 55155 Dear Commissioner Riley: Independent School District 834, Stillwater, has passed a bond issue to construct a 2,000 pupil high school on property generally in the vicinity of the southeast corner of the intersection of Highways #36 and #5. The target date for completion of the project is September of 1993. e We have been informed that the Minnesota Department of Transportation has scheduled redesign and reconstruction of the #36 and #5 intersection for 1995. As approximately 30-35 school buses and approximately 1000 student, staff and parent automobiles will access the site on a daily basis at the time of the September 1993 opening, our School Board is concerned about safety and traffic flow. Members of the Board have taken official action requesting consideration by the Department of Transportation to accelerate the timeline for the intersection reconstruction. Even one year would be helpful with the ideal being for completion of your project to coincide with our 1993 opening. Please let me know if more information is needed pertaining to this request. Sincerely, David L. Wettergren Superintendent of Schools cc: Mike Louis Steve Zinnel, Chair School Board Barb O'Neal, Mayor Oak Pk.Wally Abrahamson, Mayor Stw. An Equal Opportunity Employer e Board of Education STEVE ZINNEL SUZANNE THOMSEN Clerk LYMAN GEARY KAREN ROSE Chairperson Director Director LOUISE JONES LYNN SCHMIDT ROLAND BUCHMAN DAVID WETTERGREN Vice Chairperson Treasurer Director Superintendent e e e e fftt][i~~hi; T~ @ tr b\ ~DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA . 55155-40 DNR INFORMA liON (612) 296-6157 Al'GUST IS, 1991 th'. Dave ~lagJJuson Attorney-At-Law 326 Hain Street #203 Stillwater, MN 55082 (612) 439-9464 RF.: St. Cr.oix WAS #11011 P-4, City of Stillwater Washington County Dear ~fr. Magnuson: The review of the two appraisal reports referenced in my letter to you dated June 5, 1991, is complete and the independent review/appraiser has submitted his reports to our office. e Based on the in-depth review given the reports, the reviewer was not able to recommend a higher value for the property owned by the City of Stillwater. The reviewer indicated a strong weakness in both appraisals regarding the comparable sales used. Consequently, Thirty-three Thousand Dollars ($33,000.00) for the 2.0 acres of city prop~rty is established as our current offer to the city. Going back to the review reports, if you or other city representatives are interested in discussing them further, I would be happy to meet with you and go over them. As I stated, the review appraiser has several questions about the property which he felt were not adequately answered by the choice of comparable sales employed. Again, lets get together and discuss this situation further at YOUT convenience. Thanks for your continued patience and I look forWArd to your thoughts on this. You can reach me at (612) 296-0628 or write to the address above. ,Sk~ ~ ::;:;,7/6 Stephen C. Kartak Realty Supervisor e cc: Hike Markell, MN DNR Karen Bowen, ~1N DNR/Metro Region Administrator Nile Kriesel. City Administrator Wallace Abrahamson, H~yor of Stillwater Stephen Russell, Comr:l\lnity D~velopment Director Allan Robbins-F~ng(H, ~1N DNR Steve Johnson, MN DNR Jim Lawler, MN DNRjRI>al Estate Management Administrator AN EQUAL OPPORTUNITY EMPLOYER e e e RESOLUTION NO. 91-164 REAPPORTIONMENT OF SPECIAL ASSESSMENTS FOR ORLEANS TERRACE AND ORLEANS ADDITION Whereas, special assessments for Parcel Nos. 11176-2000, 11176-2100 and 11176- 2200 were originally filed for Local Improvement 256; and Whereas, the balance of special assessments for L.I. 256 outstanding at December 31, 1991 for the following parcels is: 11176-2000 11176-2100 11176-2200 $31,358.40 $31,851.67 $22,197.52 $85,407.59 'fotal Whereas, the City Council of the City of Stillwater has previously approved the final plat and subdivision of Parcel Nos. 11176-200, 11176-2100 and 11176-2200 into the Orleans Terrace and Orleans Addition; and Whereas it is the intent and policy of the City of Stillwater to reapportion outstanding special assessments when a subdivision is approved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that L.I. 256 outstanding special assessments for Parcel Nos. 11176-2000, 11176- 2100 and 11176-2200 be reapportioned to Orleans Terrace and Orleans Addition as follows: Orleans Terrace Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Orleans Addition Dollar Amount $ 7,693.21 $ 6,531.76 $ 7,980.89 $13,656.53 $ 5,589.70 Dollar Amount Lot 1 Lot 2 Outlot A $24,997.86 $13,458.25 $ 5,499.39 for a grand total of $85,407.59 Adopted this 27th day of August 1991. Mayor Attest: City Clerk ~; e e e F,\( J-. AUGUST 11, 1991 BRIDG~& HWY ~ SrAiEMENT I BELIEVE IT IS IMPORTANT TO REVIEW FOR A MOMENT THE PUBLIC RECORD. IN THIS CASE, THE RESOLUTIONS ADOPTED BY THE CITY OF OAK PARK HEIGHTS' GOVERNING BODY. OCTOBER ~ 1985 RESOLUTION 85-10-25 - O'NEAL, SECONDED BY CARUFEL MOVED TO ADOPT. RESOLUTION ADOPTED - 4 AYES (DOERR A8SENT) THE RESOLUTION'SIGNIFIES THE CITY COUNCIL'S FEELING THAT CON- STRUCTION OF THE NEW BRIDGE NORTH OF SUNNYSIDE WOULD MINI- MIZE CITY HOMESTEAD LOSSES. (OUOTED FROM MINUTES) THE ACTUAL RESOLUTION GOES INTO MUCH MORE DETAIL DESCRIBING THE CITY'? POSITION. A PERIOD OF APPROXIMATELY 5 YEARS WENT BY WHILE THE VARIOUS AGENCIES CONDUCTED A MORE DETAILED STUDY WHICH BRINGS US TO 1990 WHEN WE WERE ASKED TO SUBMIT COMMENTS OR RESOLUTIONS. MAY 29. 1990 RESOLUTION 90-05-1$ - O'NEAL. SECONDED BY DOERR MOVED TO ADOPT. RESOLUTION ADOPTED - 5 AYES THE RESOLUTION GOES INTO MORE DETAIL EXPLAINING THE CITY'S POSITION RE: BRIDGE CORRIDOR (CENTRAL) AS WELL SOME COMMENTS RE: HWY 36 INTERSECTION DESIGN WHICH WERE NOT IN THE RES- OLUTION IN 1985. I BELIEVE THE CITY OF OAK PARK HEIGHTS HAS MADE A GOOD DE- CISION IN SELECTING THE CENTRAL CORRIDOR IF A BRIDGE IS GO- ING TO BE BUILT. I BELIEVE ARCHITECTURAL DESIGN AS WELL AS RUG 22 '91 09:32 ORK PR~K H~lGHI~ - SOUND ENGINEERING PRINCIPLES CAN NEGATE THE CONCERNS Of THE CITY OF STILLWATER RE: IT'S HISTORICAL DOWNTOWN AND IT'S PLANNED USE OF SHORELINE PROPERTY JUST SOUTH Of DOWNTOWN WHEN IT BECOMES AVAILABLE. ALL OF THE ABOVE COMMENTS ARE ASSUMING A BRIDGE WILL BE BUILT, SUT AS WE SHOULD ALL REALIZE, NOTHING IS AS HARD AND FAST AS WE INITIALLY B9LIEVE. I OUR CITY SHOULD CONTINUE ITS EFFORTS TO GO ON THE RECORD EMPHASIZING ITS POSITIQN RE= CORRIDOR SELECTION AND HWY 36 IMPROVEMENTS. WE HAVE A VERY VIABLE BUSINESS COMMUNITY AS WELL AS A RESIDENTIAL COMMUNITY WHICH CANNOT AND WILL NOT BE DECIMATED BECAUSE Or AMERICA'S CRAZE FOR THE AUTO- MOBILE AND ITS POTENTIAL FOR DETRIMENTAL EFfECTS TO OUR , NAIXQNAL SCENiC RIV~RWAY SY~TEM. WE CANNOT FORGET OUR RESPONSIBILITIES TO THE PEOPLE LIV- ING IN THE PATH OF A RIVER CROSSING OR OUR RESPONSIBIL- ITIES TO OUR BUSINESS COMMUNITY ALONG HWY-36. i AT THIS JUNCTURE,I FEE~ WE AS A ~ SHOULD CONVEY OUR COM- MENTS TO ALL APPROPRIATE AGENCIES (ESPECIALLY THE DEPART- MENT OF THE: INTeRIOR) ~ERTAINING TO THIS SUBJECT. OICK SEGGELKE CITY COUNCILMAN OAK PARK HEIGHTS 14168 57TH ST NO P.O. BOX 2007 OAK PARK HEIGHTS. MN 55082-2007 OFFICE:612/439-4439 HOME: 612/439-5219 FAX: 612/439-0574 t-'.cJc. e e "e ,@ e Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul. Minnesota 55101 612 222-8423 August 19, 1991 To: Mayors Managers or Administrators Finance Officers in Customer Municipalities U~ o. From: Gordon o. Voss, Chief Administrator ~ Subject: Proposed New Policy on SAC Credits to be Discussed September 10, 1991; Request for Your Comments It Earlier this year we met with many municipal officials in a series of public meetings to discuss proposed changes to the Service Availability Charge (SAC) system. Now the Board of Commissioners is considering the proposed changes. Because the proposed new policy on SAC credits would affect municipalities, the Board deferred action on-the proposal so that municipalities would have the next few weeks - and a opportunity at the September 10th Commission Committee meeting - to comment on the proposal. It is expected a final decision on the policy will be made September 17, 1991. It would be very much appreciated if you would review the proposed changes again. Then, if you wish to comment, plan to make your comments in person at the September 10th Commission Committee meeting, to be held at 3:00 p.m." Mears Park Centre. Alternatively, telephone or send any written comments to: Lois I. Spear, Controller Metropolitan Waste Control Commission Mears Park Centre 230 East Fifth Street st. Paul, MN 55101 Telephone: 229-2017 e There is attached a summary of the current system and proposed changes to the SAC credit policy. The central change is to require municipalities to identify and report existing, unused SAC credits by December 31, 1993. Existing credits not reported by then could not be used. Also, the policy change requires that new credits occurring as a result of demolitions or documented industrial process changes be reported within the calendar year of the demolition. Equal Opportunity/Affirmative Action Employer ",~0 o August 19, 1991 Page 2 For many municipalities, the proposed changes are the way SAC credits are already treated. However, the treatment of SAC credits is not uniform among municipalities, and the proposed policy change would make it uniform. The Board of commissioners is also considering two other changes to the SAC system. These will be on the agenda at the Commission meeting August 20th. One change would set the 1992 SAC rate at $700 per unit (or $560 for communities without interceptors). The other change, which affects a select group of industrial users, would amend the leachate and contaminated groundwater program to require that connected users pay for reserve capacity through an add-on service charge system. When any changes are approved, communities and industrial users will be notified. A copy of the 1990-1991 SAC Study will be sent to you after final approval. GOV:CJW:pap M53 e e e SAC CREDITS ~ Background ,., A SAC credit is created when the use of sewered property changes so the need for sewer capacity is diminished or eliminated. The pur~ poses of SAC credits are to avoid double pay- ment for the same capacity and to acknowledge the release of capacity. SAC credits are also seen as facilitating community renewal efforts. A visible type of a credit situation would be a rede- velopment project in a mature city; older, inten- sive development might be replaced by less intensive housing and open space. Similar credit situations encompass a change in use, on sewered property, from a sewer-connected use such as a building to a non-connected use such as a parking lot or highway. Other credit situa- - -, tions include the demolitionctone sewer-con- nected building and its replacement with another buildihg, with less volume or flow potential. e A different type of credit situation is an industrial user which permanently changes its industrial process to discharge less wastewater. The modi- fication typically occurs among industrial users holding industrial discharge permits and subject to industrial strength charges. Their discharge in- cludes sanitary waste and industrial waste. By modifying its industrial process, an ifldustrial user may reduce its industrial strength charges (based on treatment demand), its sewer service charges (based on flow volume) and its need for capacity. The modification may occur with little or no change in its exterior building. e Under the current system, SAC credits are deter- mined only when a new use is established for the property or when industrial process flow changes. Further, SAC credits are credited only to a municipaliiy, and the municipality decides the use of the credit Most municipalities apply credits first to the new use of the site, then apply any remaining crecfrts against other reported SAC units. However, other municipalities treat credits differently. Some municipalities accumu- late excess credits for a specific site where heav- ier sewer use is anticipated. Some. " '....., ' , municipalities charge property owners SAC for a new use, but retain the funds for municipal pur- poses; they use SAC credits to pay the MWCC. One city returns excess credit to the developer, and several cities don't bother with credits at all. SAC CredIt Determination The number of SAC unit credits for a changed use on a specific parcel of land is based on the same criteria as the initial determination. Generally, municipalities have determined credits for property use changes within their respective jurisdictions. For industrial users, the number of credits for process changes has been determined by the MWCC. ..,. _ SAC credits are determined on a .unir basis. (The alternative would be to determine SAC credits on a .dollar" basis for SAC actually paid). The .unit" basis allows the credit to be taken at the rate in effect at the time a new use is established, so that the new use does not have to pay for capacity 8t a higher charge than the replaced use. Effect of SAC CredIts on Total SAC Revenue The current system relies on municipalities to identify credits. There are a number of indica- tions the system is not working and that MWCC liability for unidentified credits exists and is growing: .,.' 1. Since 1986, there has been a steady de- cline in the number of SAC units remitted to the MWCC. While this is due primarily to a de- cline in construction activity in the sewered area. a strong secondary factor is that SAC credits have been steadily used to offset new charges. (See Exhibit 2). Since 19731 a total of 57,560 SAC credits have been used, or an average of 3,198/year. Over the past 10 years, the average is 3,891/year. 2. Three mature cities, Minneapolis, Sl Paul and South St Paul, have built up large credit surpluses because water-intensive industries have ceased operations or have changed op- erating techniques to use less water. There are identified SAC credit balances of 12,880 credits, and the impact of credits is reflected . in our revenue projections. 3. At the 1991 SAC rate of $650 per unit, identified credit balances are worth $8.4 mil- lion. Estimates of unidentified credits range up to 4,000 units, or $2.6 million at 1991 rates. However, since SAC credits can only offset liabilities when new or expanded devel- opment occurs, the majority of credit values would be phased in over a multi-year period. 11 The credits would also grow in value when SAC rates increase. 4. The trend among industrial users is toward less intensive water use. Both new and existing industries are working to conserve water/sewer use because of costs. To the extent industries generate less .process. wastewater, their sewer demand declines. Verified permanent process changes which reduce wastewater volume, cre- ate credits. 5. Under MWCC policy, the credit cannot be taken until a new use is established for the cred- ited property. This means the credit is Igenerally not known or reported until a new use is estab- lished. ..... .~ .... 6. Current MWCC policy relies on each munici- pality to identify credits. Since SAC rates gener- ally increase each year, there is an incentive to save or to stockpile credits for later use when their value has increased. This has occurred in some municipalities. In contrast, some munici- palities neither identify nor use credits. Issues/Options The first issue is procedures on credits between the MWCC and the customer community. Cur- rent MWCC policy contemplates stan~ard proce- dures for the determination and use of SAC credits throughout the area, with the qbjective of treating all customer communities eq4itably. In practice, while the majority of credit determina- tions and uses are standard, there are also sig- nificant non-standard determinations and uses. More guidance from the MWCC to communities on determination and use of credits is needed to achieve standard procedures. (The alternative is to continue the current, non-standard prac- tices which run the risk of inequitable ltreatment of customer communities and is very pifficult for the MWCC to administer). A second issue is identification of SA~ credit lia- bility. Both the MWCC and customer communi- ties would improve their financial pia ning and forecasting if credits were identified. The alter- native is to continue the present practice where some but not all credits are identifiediin a minor- ity of customer communities. i I A third issue is procedures on creditsl between the customer community and its pro~rty own- ers, now a matter for decision by each individual municipality. Guidance on uniform proce- dures is one alternative. Another is to con- tinue the present practice. e Recommendations 1. Procedures on credits between the MWCC and customer communities should be ex- panded to address disclosure and verifl.C8.tJ,on of the amount of credit available for a site. Specifically, procedures should require report- ing and verification of credits In the same year a demolition occurs. While municipali- ties would continue to make the initial aedit determination, the determination would be subject to verification by the MWCC. Determi- nation of credits is made in units of SAC, not dollar values. 2. SAC credits should be declared at demoli- tion. As in current policy, the credits are avail- able for use when a new land use is established, orwhen a permanent process change is verified. Municipalities are to use SAC credits before making cash payments for SAC to the MWCC. .,' 3. SAC credits should uniformly be recorded in terms of units of credit, with a unit con- verted to dollar value at the rate in effect when the unit is used. For example, SAC units used in 1990, multiplied by the 1990 SAC rate equal the dollar value. SAC credits carried forward to future years should be cred- ited at the dollar value in the future yeqr. e 4. Municipalities and the MWCC should have a reasonable period of time to identify and to verify any existing, unused credits. A target date is December 31, 1993. All credits must be identified by that date to be recognized, in- cluding credits from 1973 through 1993. Iden- tification is optional with the municipality, but crecfrts not identified would be lost Credits will have the value of the year they should have been used. 5. The original SAC determination for an in- dustrial user could be reviewed, at the user's option, within the first six months of opera- tion. The review would determine whether the initial estimate of wastewater volume from the industrial process represented the normal maximum flow. If the initial estimate ex- ceeded the normal maximum, the SAC pay- ment would be refunded to the municipality. e 1? This is the only situation where SAC would be re- funded, in cash, on a dollar basis, rather than credited in SAC units. e 6. No change is recommended on procedures on credits between the customer municipality and its property owners. These procedures should continue to be determined by the individ- ual municipality. ." ~ 7. While it is not recommended at this time, we believe limiting the use of credits deserves fur- ther study. Basically, a SAC unit buys capacity and, if a sewered development is demolished, the capacity remains in place. Any remaining cost is simply shifted to other users. A system where all credits stayed with the property site, - - but could not be used off-site...jits with the basic purpose of SAC. It also is consistent with the use of impact and connection fees in municipali- ties. These fees are generally not refunded be- cause they pay debt already incurred. ..' e ~ :' e 13 ~,~ .~ 11 -- ..-.- STILLWATER AREA SCHOOLS IIL!II Effective Learning Through Excellence in Education 1875 SOUTH GREELEY STREET STillWATER, MINNESOTA 55082 430-8200 · V-TOO august 21, 1991 John R i I ey Commissioner of Transportation Minnesota Department of Transportation Room 411 Saint Paul, Minnesota 55155 Dear Commissioner Riley: Independent School District 834, Stillwater, has passed a bond issue to construct a 2,000 pupil high school on property generally in the vicinity of the southeast corner of the intersection of Highways #36 and #5. The target date for completion of the project is September of 1993. e We have been informed that the Minnesota Department of Transportation has scheduled redesign and reconstruction of the #36 and #5 intersection for 1995. As approximately 30-35 school buses and approximately 1000 student, staff and parent automobiles will access the site on a daily basis at the time of the September 1993 opening, our School Board is concerned about safety and traffic flow. Members of the Board have taken official action requesting consideration by the Department of Transportation to accelerate the timeline for the intersection reconstruction. Even one year would be helpful with the ideal being for completion of your project to coincide with our 1993 opening. Please let me know if more information is needed pertaining to this request. Sincerely, David L. Wettergren Superintendent of Schools cc: Mike Louis Steve Zinnel, Chair School Board Barb O'Neal, Mayor Oak Pk.Wally Abrahamson, Mayor Stw. An Equal Opportunity Employer e Board of Education STEVE ZINNEL SUZANNE THOMSEN Clerk LYMAN GEARY KAREN ROSE Chairperson Director Director LOUISE JONES LYNN SCHMIDT ROLAND BUCHMAN DAVID WETTERGREN Vice Chairperson Treasurer Director Superintendent e e e 2289 11th Ave. E., Apt.~2 No. St. Paul, Mn. 55109 August 13, 1991 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Mary Lou Johnson City Clerk 216 N. 4th Street Stillwater, Mn. 55082 Re: My Client: Tresa Sarnes Date of Loss: June 22, 1991 Dear Ms. Johnson: The purpose of this letter is to put you on notice pursuant to Minnesota Statutes Section 466.05 that I was injured on June 22, 1991, as a result of the negligence of agents ana employees of the City of Stillwater, Minnesota. I was injured at approximately 10:15 P.M. on June 27, 1991, when I was walking on the sidewalk on the Wilkin Street side of the house at 1106 N. 2nd St., Stillwater, Minnesota. The injury occurred because of the broken and poorly maintained condition of the sidewalk. The house is owned by Mr. & Mrs. Pedersen. Since the injury I have received outpatient treatment from Minn. Health, P.A. in Maplewood, Minnesota, and have been in a cast for a fracture of the 5th metatarsal bone of the left foot. I am still receiving medical treatment and the amount of my claim is unknown at this time. The exact amount of my claim will be furnished when known. I reside at 2289 - 11th Ave. E.,- Apt.2., North St. Paul, Mn. If you have any questions please contact my attorney, Robert E. McGarry at 1076 West County Road B., Roseville, Mn. 55113 (612) 488-6788. Very truly yours, 1J1>.M{{ -rr7. );-VUu--- Teresa Sarnes ,.- :'\~;,'.-\' ~it; ,J.... r~Cb- .? -- ' NATIONAL PARK SERVICE fiB . 1916 - 1991 . IN REPLY REFER TO: United States Department of the Interior NATIONAL PARK SERVICE ST. CROIX NATIONAL SCENIC RIVERWAY P.O. BOX 708 ST. CROIX FAllS, WISCONSIN 54024 -- - - . A8215(LOSA) August 23, 1991 Mr. Nile L. Kriesel City Coordinator 216 North Fourth Street Stillwater, Minnesota 55082 Dear Nile: We are pleased to invite you to the dedication of the newest visitor center on the St. Croix National Scenic Riverway. Located in the Kolliner Building, 117 Main Street, Stillwater, Minnesota, the visitor center opened in May and has received thousands of visitors in less than three months. e The beautiful historic building is a fine backdrop for exhibits depicting wildlife scenes, information about the National Park Service and the St. Croix National Scenic Riverway. Presently on display is a traveling exhibit by artist Charles Harper. The dedication will begin at 1:00 p.m. September 29 and last about an hour. Following the dedication a puppet show will be.presented by Ranger Robin Maercklein. The invited speaker is Minnesota's Sixth District Representative to Congress, Gerry Sikorski. We hope you'll join on us this special day. Sincerely, ~CJ- Anthony L. Andersen Superintendent e ~~, "\~ ~ '\:')' ~ ... ~ ~T~T~@LJ Lil\ tw:..1NOEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD, ST, PAUL, MINNESOTA 55155-4037 e OFFICE OF THE COMMISSIONER DNR INFORMATION (612) 296.6157 vL.~ Sharon Huggett ~ lk.1P 6305 St. Croix Trail North !AP,M U ~ Stillwater, Minnesota 55082 /~bnfilld~dY} Dear Ms. Huggett: ~~') ~&~ ~~ ~fh,dv~ ~~~ ~~ July 24, 1991 In response to your letter dated June 7, 1991, and the attached petitions in opposition to the proposed public access to the St. Croix River in Oak Park Heights, I asked my staff in the Trails and Waterways Unit to respond to the concerns you raised. The following is a concise summary of their response. e As your petition states, you are expressing concern and objections to the eight car public access now being proposed in Oak Park Heights. Your concerns center around the issue of increased crowding on the river itself, as well as problems for the roads in the vicinity of the port of Sunnyside and the Sunnyside Condominiums. As you may know, the twenty car/trailer unit access located at the Boom Site north of the City of Stillwater is the only free public access to the St. Croix River on the Minnesota side. The State of Minnesota is authorized and charged with the responsibility to provide a total of one hundred car/trailer parking sites serving the St. Croix River through the agreements existing between the States of Minnesota and Wisconsin and the National Park Service. It is the Department of Natural Resources' position that the addition of an eighty vehicle boat launching facility to the St. Croix River is a worthwhile and valid pursuit "n tl1e' jn~~!'",~c::t nf th.'" pu,blic T. h::; j~c::! '0 nf cr~VJrli"',,'" ~"'ld tho t'SO ,...f tho ri\lor itC'olf, f'!:lnr.,...t ~.. ~~..._,,__.. _'.,."1:;; I.. ..... .v____ _ ._...~, .~...... ......,. """ """..., -.0.."" .......,. .~~..... .....""'," .-.. 'be managed by limiting public access to .the river. Use of the river is best managed through water surface use controls, such as speed limits, and the no wake regulations . now in effect. If further such controls become necessary it will be our intention to pursue them. The issue related to the Sunnyside Condominium Association is one that has been the subject of several meetings between the Association and the Department of Natural Resources. As we have stated to the Association, it is our belief that proper design and operation of the access, combined with the access road configuration as proposed, will not result in problems for the port of Sunnyside or the condominiums. We have every e AN eQUAL OPPORTUNITY EMPLOYER e e e . ~ Sharon Huggett July 24, 1991 Page 2 intention to cooperate with the Sunnyside Condominium Association and to protect their interest as ,a neighbor in the vicinity of the proposed public access. It is our belief that the location of the proposed access, between the power plant and waste control commission property, is a logical and prudent choice. If you would like further information regarding the design and operation of the access as proposed please contact either Gordon Kirnbf.lll. Rp.!Jinnal TrAils ami/Waterways Supervisor (6:12) 772-7935 or Alan Robbins-Fenger of the DNR Mississippi River Management Team (612) 345-5601. I wish to thank you for sending me the petitions and informing me of your concerns. I am confident that the Department of Natural Resources will be able to address your concerns and design and operate a high quality facility that serves all of the public in your area and the visitors to your area. We will make every effort to provide public notice of opportunities to comment and express concerns regarding this proposal as they take place in the future. Sincerely, 0.~ Rodney . Sando Commissioner cc: Karen Bowen, Regional Administrator, Region 6 Dennis Asmussen, Director, Trails and Waterways Unit e. 1 H E APPLICATION TO CONSUME Applicant Information Name of organization Church of St. Michael ------------------------------------------------- Applicant NameCFull) ------------------------------------------------- William J. Englund St 'l"~eet Add'l"~ess 211 Edgewood Avenue Birth Date City Stillwater --------------------- State MN Zip __~~~~_______ Home Phone 439-8307 Wod( Phone 736-1976 , Facility Information Pa'l"~k 1:1.,.... facility to be used St. Croix Catholic School cafeteria & parking lot. .ate to be used_~~p~,J;'T-]...9-91 Time t.:. be. used_-6..:..0.0EM.iO-~2.:JlQAM---- NIJr,i~e'l"~ of pet~?:.ns e:-< peet eq__~,-9ase4-Q.J+._t.i.ck.e.t_..s.al..es.....to_parish members. PU'l"~pose (soft ball game, wedd,i ng, etc.) __-Dinn.e.i::--&-dance----------------- Type of activity(fund t-c:,iset~, darlcing, r'1usic, ,etc. )_____ ~----------_ Dinner and dance to celebrate St. Michael's renovat~on & restorat~on. --------------------------------------------------------------------- Check Rppropriate Information Beer to Ce.nsume ________Liquor to Consume __~~____Beet~ to Sell 8,. C.:.nsume ________Liquor to Sell & Consume ________Wine to Consume Wine to Sell & Consume Sei::I.tri ty I nformat ion ( I rlt 2t~rl2.1 Use On 1 y) P,:.l ice Officel~ Req'.tit-ed by City? _______yes. _~~---N,:.. Officer Rate of Pay 5 Mail License To: (If different than applicant) e' ---------------------------------------- -------------------------------------- ------------------------------------- CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 6i2.439-6121 e August 22, 1991 Dear Mayor Abrahamson and Councilmen: I am writing this letter in regards to Ziggy the Cougar: I am a resident of Charter Oaks Townhouses on Curve Crest here in Stillwater. I am here to tell you that there were many of us here and, also, in the immediate neighbohood who refused to sign the petition to keep Ziggy! Why? Because the cougar cries, barks and moans all night long, night after night, after night!!! That means that many of us do not get any sleep night after night, after night!!! Many of us have called the Stillwater Police regarding these cries and barks, and the police do come up and confront the owners...but then it's the same thing the next night...and we just get worn out calling the police and the matter is never solved! A friend of mine suggested that every time one of us is awakened out here that we should call the Councilmen who are in favor of keeping Ziggy and see how they like being awakened night after night!!! I am sure that there are enough police complaints and reports to back this complaint!! The owners are creating a habitual neighborhood disturbance. And, I can assure you ~ that the vast majority of people who signed the petition to keep Ziggy ~ not Ziggy's ~ neighbors-anG are not being awakened night after night by Ziggy!!! Also....I have personally witnessed on at least three occassions, the owners bringing Ziggy on to the Charter Oaks playground, which is directly across the street from the owners. Children two years old to teens have pet it! This cat is a WILD ANIMAL! And, all the domestication of it will never change that fact! All it is going to take one day is a child to pet the cat in the wrong way, or pull a tiny hair, and he will snap off some child1s arm, leg, face or kill it. And, if you people are not adult enough to know it, I am here to tell ~ that all of the insurance money in the world will never replace a child's arm, leg, face or life! And also...a doberman, a horse, a cow, a dog and a gerbil are in a different category than a WILD COUGAR!!! Let1s get with the Real World!!! One last point.:.has anybody really considered what is best for Ziggy? This poor caged cat is a wonderful, glorious animal and he deserves the dignit~ of being free! Let him roam the hills of Minnesota, seek a mate and father off-spring, and die a free cat of old age somewhere in God's country!!! The best decision you can make for everybody concerned...is "Set Ziggy Free"! Yours truly, ~1~~ Tillie Mae Spicer e e ~ e e GAB Business Services Inc " 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX 612-943-2383 Claims Control Branch August 21, 1991 Attn: Nile Kriesel city Coordinator city of stillwater 216 North 4th st. stillwater, MN 55082 GAB FILE NO: TRUST MEMBER/INSURED: CLAIMANT/PLAINTIFF: TYPE: 56509-01524 CITY OF STILLWATER SCHELL , JANET SURFACE WATER DIVERSION Dear Mr. Kriesel: Pursuant to our telephone conversation of 8-21-91 this letter does formally acknowledge receipt of the lawsuit venued in Washington County Dist. Court and is entitled, "Janet Schell, Plaintiff, vs. city of stillwater and stillwater County Club, Defendants.!' Assignment of this case has been done to the law firm of Jardine, Logan & O'Brien with addresses at 2100 Meritor Tower, 444 Cedar Street, st. Paul, MN 55101-2179. Specifically, attorney .Tinl Golembeck has been assigned the handling of this case and has been provided instructions to file a timely appearance on the city of stillwater's behalf. Attorney Golembeck will be defending this case on all counts. In the event you would have any questions for Mr. Golembeck, please feel free to call him at 612-290-6500. In general terms this case arises out of claims by Plaintiff that surface waters have been diverted onto her property by the constructions of the stillwater Country Club in 1975 and that the waters continue to be diverted onto her property. Plaintiff also alleges various other allegations with respect to drainage systems causing diversion of water onto her property. County One of the Complaint is a nuisance claim against the city and the stillwater Country Club. Count Two of the Complaint is a trespass claim against both Defendants. County Three is a negligence claim against both the city and the country club and finally, Count Four is a demand for inverse ~~\ r;,.1-- "\ r>>\:)' 56509-01524 8-21-91 -2- condemnation proce~dings against the city of stillwater for the alleged unjust taking of Plaintiff's property without just compensation. For Counts One, Two and Three the Plaintiff seeks damages in excess of $50,000. Count Four of the Complaint, the Plaintiff seeks the court to require the city of stillwater to initiate condemnation proceedings to adequately compensate her for her property taken. Please be advised that any investigation or action taken on this file by representatives of the LMCIT is done with a full Reservationiof Rights under Covenant No. CMC11517 with a coverage pe~iod of 1-1-91 thru 1-1-92 on a claims made basis. The retroactive date for Municipal Errors or Omissions is 1-1-82 and the retroactive date for Municipal General Liability Coverages 1-1-87. Further, this Reservation of R~ghts also applies to any coverages as issued to the city of stillwater under policy number MP823153R with a coverage period of 1-1-86 thru 1-1.-87. Any investigation, adjustment, or defense of the claim or any action whatsoever by representatives of the LMCIT will not constitute a waiver of any rights the LMCIT might have under the covenant or the policy. It is, of course, understood that you do not waive any of your rights under the various coverage documents provided. I would specifically refer you to Coverage A, General Liability -Bodily Injury and Property Damage (Claims Made Basis)." The coverage agreement states, in part, that the LMCIT will pay those sums that the "covered party" becomes legally obligated to pay as damages because of bodily injury or property 'damage to which this coverage applies. The bodily injury or property damage must be caused by an occurrence. Bodily injury means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time. Property damage means: (a.) PhY$ical injury to ,tangible property, including all resuliting loss of use of that property; (b.) Loss of use of tazigible property that is not physically injured. Damages m~ans money damages and includes awards for attorneys feesi with respect to Federal civil Rights suits and state Hu~an Rights suits. Occurrence means for Coverage A, an accident, including continuous or repeated exposure to substantially the same general harmful condition. Accordingly, to tj.' e extent it is determined that the events claimed or relief sought do not arise out of an occurrence seeking ,damages or do not meet the definition of property damage! or occurred prior to coverage terms with LMCIT, then co~erage may not apply. , e e e "I 56509-01524 -3- 8-21-91 e Your covera~es with the LMCIT also contain Coverage C, Personal Injury Liability. The coverage agreement states, in part, that the LMCIT will pay on behalf of the "covered party" all sums which the "covered party" shall become legally obligated to pay as damages because of personal injury sustained by any person or organization provided that such claims are first made against the "covered party" during the coverage period. Personal injury" means injury, other than bodily injury, arising out of one or more of the following offenses: (a.) False arrest, detention or imprisonment, or malicious prosecution; (b.) The publication or utterance of a libel or slander or other defamatory or disparaging material, or a publication or utterance ~n violation of an individuals right of privacy; (c.) Wrongful entry or eviction, or other invasion of the right of private occupancy; (d.') lJ.ssault or battery committed for the purpose 'of protecting persons or property or incident to an arrest. "Occurrence" means, with respect to personal injury liability, all personal injury arising out of a single offense or a series of related offenses of which the series of related offenses shall be deemed to have occurred when the first offense in such series occurred. e Accordingly, to the extent it is determined that the events claimed or relief sought do not meet the definition of personal injury arising out of an occurrence or occurred prior to the coverages with the LMCIT, then coverage may not apply. Your coverages wi th the LMCIT also contain Coverage D, Errors or Omissions Liability. The coverage agreement states, in part, that the LMCIT will pay on behalf of the "covered party" all sums which the "covered party" shall become legally obligated to pay as damages on account of any claim first made against the "covered party" during the coverage period by reason of any negligent act, error, omission, or the violation of any rights, privileges or immunities secured by the Constitution and the laws of the United states of America. "Damages" means money damages and includes awards for attorney fees with respect to Federal civil Rights suits and state Human Rights suits. "Occurrence" means with respect to errors or omissions injury (Coverage D), a negligent act, error, omission, or violation of any rights, privileges, or immunities secured by the Constitution and the laws of the united states of America or a series of related acts, errors, omissions, or violations of which the series of related acts, errors, omissions, or violations shall be deemed to have occurred when the first act, error, omission, or violation occurred. e Further, subsection 2, coverage does not apply: Exclusions, states that this (e.) To any claim for damages 56509-01524 -4- 8-21-91 arising out of condemnation, inverse condemnation, adverse possession, or dedication by adverse use. Accordingly, to the extent it is determined that the events claimed or relief sought do not meet the definition of occurrence or damages or are excluded, then coverage would not apply. To the extent that the court requires the city of stillwater to initiate condemnation proceedings and for the city to purchase property from the Plaintiff, those issues are specifically excluded by Exclusion e. as stated above under Errors or Omissions Liability Coverage Part D. Further, your city has purchased from the LMCIT the LMCIT's Inverse Condemnation Extension Endorsement. without going into a full explana~ion of that endorsement I ,can tell you that endorsement applies only to a regulatory taking. In this case, as the litigation presently stands, Plaintiff is alleging a physical taking of property and a physical use of the Plaintiff's property. Therefore, the Inverse Condemnation Extension Endorsement does not apply in this case, that endorsement is identified as form ME042 to the extent you would desire to refer to it from your own coverage folders. In addition to the above mentioned coverage issues which I have cited, there could be other coverage defenses or exclusions that may be applicable. I reserve the rights of the LMCIT to r~ise such further coverage defenses or exclusions as are ~pplicable. The investigation! of this case is being conducted by Adjuster Del Holmes of our GAB office here in Eden Prairie and he i~ being assisted by Adjuster Greg smith of our GAB office ~n st. Paul, Minnesota. I would urge you to cooperate with those two individuals as well as counsel appointed in this pase. I would also ask that you advise your city officijals and employees' to refrain from discussing the supject matter of this litigation with anyone other than' !representatives of GAB or the law firm which we have Chostn to defend your city. In that there are I claims presented in this lawsuit that are not covered yoU may, if you so desire, have your city attorney further a~sociate in the handling of this case. I have asked Co~nselor Golembeck to keep your city attorney fully app~ised in the developments in this matter and I trust tha~ your city attorney and Counselor Golembeck can communicate w~th one another in that respect. ! To the extent you would have any questions, please feel free to contact me r' e e e · 56509-01524 e -5- SinCerelY" (, Ift~~ Doug Grc!nli Branch Casualty Supervisor DG: KAR cc: Attn: Jim Golembeck Jardine, Logan & O'Brien 2IOO Meritor Tower 444 Cedar Street st. Pguly UN 55.l0I-2I79 cc: Attn: City Attorney Dave Magnuson Magnuson & Moberg P.O. Box 438 Stillwater, MN 55082 McGarry-Kearney Agency 243 So. Main st. stillwater, MN 55082 NSRS LMCIT Attn: Greg smith st. Paul - GAB file cc: e cc: cc: cc: cc: e 8-21-91