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HomeMy WebLinkAbout1992-11-10 CC PacketAGENDA Li I STILLWATER CITY COUNCIL REGULAR MEETING RECESSED MEETING STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Dir. 10. November 10, 1992 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 4. Comm. Dev. Director 7. Fire Chief 5. Parks & Recreation 8. Building Official 6. Consulting Engineer 9. City Attorney City Clerk 11. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special & Regular Meetings - October 20, 1992. INDIVIDUALS, DELEGATIONS AND COMMENDATIONS PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Special Use Permit to use a public right -of -way for a driveway access to a residential lot located south of Interlachen Dr. & east of Maryknoll Dr. in the RA, Single- Family Residential Dist., Case No. SUP /92 -48, Dave & Betsy Wanless, applicants. Notice of the hearing was published in The Courier on October 29, and mailed to affected property owners. 2. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 6.33 acre site into two lots of 2.83 acres & 3.50 acres located west of Washington Ave. & south of W. Orleans (east 1/2 of Outlot A) in the BP -I, Business Pk. Indus. Dist., Case No. SUB/92 -50, Bill Pauley, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. 3. This is the day and time for the Public Hearing to consider a Special Use Permit to construct a 23,625 sq.ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcel 1) in the BP -I, Bus.Pk. Indus. Dist., Case No. SUP/92 -52, Washington Co. HRA, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. 4. This is the day and time for the Public Hearing to consider a Variance to the corner sideyard setback requirement (30 ft. required, 15 ft. requested) for the construction of a two -stall garage at 1120 No. First St. located in the RB, Two - Family Residential Dist., Case No. V/92 -56, Chris & Julie Pluth, Applicants. Notice of the hearing was published in The Courier on November 5, 1992 and mailed to affected property owners. UNFINISHED BUSINESS 1. Recommendation regarding formation of W. Jr. High School Reuse Task Force. 2. Possible approval of Feasibility Report for Highlands of Stillwater, Phase III; and order plans and specifications. NEW BUSINESS 1. Randy & Linda Gibson Title Problem. 2. Request for License to maintain landscaping on Ridge Lane Dr. 3. Request by Washington County HRA for Tax Increment assistance for purchase of land for the relocation of United Bldg. Center to the Stillwater West Business Park. 4. Application for Payment No. 1 - South Main Lift Station Pumps. 5. Application for Payment No. 2 - Green Twig Way, L.I. 282. 6. Change Order No. 1 - Green Twig Way, L.I. 282. 7. Application for Payment No. 13 - Downtown Project, L.I. 257. 8. Application for Payment No. 1 - No. 4th St. /Wilkins St. Ravine Storm Sewer 9. Supplemental Agreement No. 12 for L.I. 257, Downtown Improvements. 10. Resolution authorizing Eminent Domain proceedings for County Road 64. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 92 -231). 2. Applications (list to be supplied at meeting) 3. Submission of Claim to Ins. Co. - Ann Cummings, injuries from fall. 4. Ratification of Council Poll on Oct. 27 - Resolution employing Kyle Zaniewski as Zamboni Operator at Lily Lk. Arena. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS /FYI 1. Scott & Kathleen Grover - Assessment Hearing, Gloves Add., L.I. 283. 2. Sandra Gentner - Assessment for Gloves Add., L.I. 283. 3. Wayne & Joan Norman - Assessment for Gloves Add., L.I. 283. 4. Sesquicentennial Committee Members - Request for funds. 5. Pat Bantli - Meeting with Stillwater Tnshp. Officials after Jan. 1, 1993. 6. Mn /DOT - Trunk Highway 36 Corridor Management Study. 7. Mary Keefer - Appreciation for DARE program. 8. Mary & David Ruch - Appreciation for dead tree removal. 9. LMC - 1993 Policy Adoption Conference & Legislative Policies. 10. State of Minn., Office of the Governor - Notice of Meeting Date for Metro Council Dist. 7 Vacancy. 11. AMM - Metropolitan Council member nominations. 12. Arnold G. Jirik - Petition for Stillwater Audit. 13. Wayne Wohlers, Park & Rec. Board - Residents infringing on parkland. 14. City of St. Paul - Resolution concerning Constitutional Amendment. ADIMpieTadjournment to Executive Session to discuss Labor Contract Negotiations. 2 r • • v 5 November 1992 Stillwater Mayor and City Council Members 216 North Fourth Street Stillwater, MN 55082 Dear Sir /Madam I am hereby making application for a license to maintain landscaping, as per the attached drawings from Abrahamson Nursery, on a portion of the City of Stillwater's right of way on Ridge Lane Drive. This landscaping was constructed to block the headlights of vehicles traveling on Ridge Lane Drive to my house and. enhance the beauty of Ridge Lane Drive. Si -1 Michael D. ee y One Ridge Lane Drive Stillwater, MN 55082 lG ` LAALC uo ..Q.cL.‘A,0.11 p2_et.A4 rx' 7 c71.Fld> .4. 5a'a --5 a/7Jl -- 6/ • 0 d •/ dal .vov�" � - -� ' .3•92 /71.,c V) 00 1,5 l'7 „L5.?5 68$W f (.2'Oo6N rY /i L Jdd'1 j • G'- J \-,va s- aLX)7 A?Al 0 kt1 14, ktx I 01 SO vti 1 -r,da1 ` 1 of .7,5z; 6( QS ' (//2 .,c: 6'a'/ •a'a,7 �\ (�✓V G • dol VI \ / /o4© ocr'v Z- / 3.9 xoaeo oo's oZo 68N 7%f1S O7_i' lama / 0 ANT dO .f1 /> A 7,4/ 1 SOk'„) /J -c�d1 r • NOV 04 '9 12;15 SHEENY CONSTRUCTION .. MAGNUSON LAW OFFICE 6124395641 R-2 P.02 RELEASE AND BOLD HARMLESS AGREEMENT WHEREAS, Michael D. Sheehy is ore of the owners of real estate located at 1 Ridge Lane Drive, 5ti13water, MN 55082, and he has applied to the Public Works Director and the Parks Director for permission to landscape a portion of Ridge Lane Drive, and, WHEREAS, the Public Works Director and the Parks Director has approved the landscaping plan and has given Sheehy permission to do this work on the right-of-way. NOW, THEREFORE, Michael D. Sheehy agrees as follows; 1. That he will landscape this portion of Ridge Lane Drive consistent with directions of the Stillwater Public Works Director and Parks Director. 2• That he will apply to the City Council for a license to maintain this landscaping on the right -of -way, and that this request will be made to the City immediately so that it can be heard by the City Council on November 10, 1992. 2- That he agrees that he acquires no vested rights in the landscaping or the trees and agrees to remove the landscaping if his license is denied and if he is ordered to do so by the Stillwater Public Works Director. In witness whereof, i have set my hand this 4th day of November, 1992. • 4 ael D. Sheeh 92- APPROVING FULL -TIME EMPLOYMENT OF CHRISTOPHER TODD FELSCH AS FULL -TIME POLICE OFFICERS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full -time employment of Christopher Todd Felsch as Police Officer, from and after November 16, 1992, respectively, for a probationary period of one year, is hereby approved, contingent on passing the physical, psychological and background check; and that as compensation for services the said Christopher Todd Felsch shall receive the sum of $2,228.10 per month together with all other benefits of City employment. Adopted by Council this 10th day of November, 1992. Attest: • • city clerk Wally Abrahamson, Mayor DONALD L. BEBERG CHIEF OF POLICE • iwater THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M a M Q IR ra N Ia u I"1 TO: MAYOR ABRAHAMSON AND THE CITY C NCIL FROM: D.L. BEBERG, CHIEF OF POLICE DATE: 110592 RE: ITEMS FOR THE CITY COUNCIL MEETING ON 111092 TIMOTHY J. BELL CAPTAIN 1) I AM ASKING FOR THE FORMAL "OK" TO HIRE CHRIS FELSCH AS A FULL TIME POLICE OFFICER EFFECTIVE NOVEMBER 16th. (I WILL BE BRINGING HIM, CHRIS HOYT AND KATHY PREUSS TO THE COUNCIL MEETING ON NOVEMBER 24th FOR "SWEARING IN" AND INTRODUCTION TO THE MAYOR AND CITY COUNCIL). • 2) WE ARE REQUESTING PERMISSION TO ADVERTISE AND TEST FOR THE POSITION OF FULL -TIME POLICE OFFICER TO ESTABLISH A LARGER ELIGIBILITY LIST. THE LIST WE CURRENTLY HAVE EXPIRES IN MARCH OF 1993, BUT THE CANDIDATE SELECTION IS DOWN TO TWO (2) AND WE WANT AN EXPANDED LIST. WE HAVE HIRED OFF OF THE CURRENT LIST TWICE. ACCORDING TO CY SMYTHE, WE CAN RE -TEST TO ADD TO THE CURRENT LIST AS IT IS T00 SHORT TO PICK FROM IF WE HAVE AN OPENING FOR A FULL -TIME OFFICER. CY SUGGESTS WE MAINTAIN A LIST OF 6 -8 CANDIDATES TO HIRE FROM. BETWEEN THIS COUNCIL MEETING AND THE ONE ON NOVEMBER 24th WE "HOPEFULLY" WILL BE GIVING THE TEST FOR THE ADULT INVESTIGATORS POSITION WHICH WAS AUTHORIZED PREVIOUSLY, AS A REPLACEMENT FOR LEO MILLER DUE TO'HIS RETIREMENT IN JANUARY. IF IT ISN'T DONE BEFORE THAT MEETING, IT FOR SURE WILL BE DONE BY YOUR MEETING ON DECEMBER 1st AND I WILL BE BRINGING THE RESULTS (The name of the officer we want promoted to the Investigators position) TO YOU FOR YOUR APPROVAL. THE TEST WILL BE AN ORAL EXAM GIVEN BY POLICE OFFICERS (3) FROM OUTSIDE OF THIS DEPARTMENT WITH CAPTAIN BELL, INVESTIGATOR MILLER AND MYSELF AS OBSERVERS. 4) THIS IS "FOR YOUR INFORMATION "! LEO MILLER WAS RECENTLY HOSPITALIZED FOR A HIGH BLOOD PRESSURE PROBLEM. HE IS NO LONGER HOSPITALIZED BUT HAS BEEN OUT ON SICK LEAVE SINCE OCTOBER 26th. HE TOOK A "STRESS TEST" ON THE ADVICE OF HIS DOCTOR AND THE RESULTS ARE THAT HE HAS "SOME BLOCKAGE" OF AN ARTERY. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 HE WILL BE TESTED ON NOVEMBER 16th AT UNITED HOSPITAL WHERE THE AMOUNT OF BLOCKAGE WILL BE DETERMINED. AT THAT TIME A DECISION WILL BE MADE AS TO THE PROPER TREATMENT; (a) DIET AND MEDICATION (b) ANGIOPLASTY (c) BYPASS SURGERY I TALKED TO HIS DOCTOR AND SHE THINKS THE BLOCKAGE ISN'T SEVERE. SHE SAID EVEN WITH THE "WORST CASE SCENARIO" HE WOULD BE BACK TO WORK THE SECOND OR THIRD WEEK IN DECEMBER, BUT MOST LIKELY BEFORE THEN. DUE TO THIS RECENT DEVELOPMENT WITH LEO, I MIGHT BE ASKING TO PROMOTE HIS REPLACEMENT EARLIER THAN THE JANUARY 1st DATE YOU APPROVED PREVIOUSLY. I WILL KEEP YOU ADVISED ON THIS! 5) ATTACHED IS A 2 PAGE MEMO TO ME FROM SGT. KLOSOWSKY ASKING CITY AND /OR POLICE DEPARTMENT SUPPORT IN BUILDING AN OLDER CAR INTO A SQUAD CAR TO BE USED FOR VARIOUS FUNCTIONS IN OUR CITY AND POSSIBLY OTHER CITIES. THE CAR WOULD BE OWNED, LICENSED AND INSURED BY HIM, NOT THE CITY OF STILLWATER. THERE ISN'T ANY MONEY IN THE POLICE DEPARTMENTS 1992 OR 1993 BUDGET TO FINANCIALLY HELP WITH THIS PROJECT AND I DON'T KNOW IF THERE ARE OTHER CITY MONIES AVAILABLE EITHER. WHAT WE ARE LOOKING FOR SERE IS AN "OK" FROM THE CITY (WITH OR WITHOUT FINANCIAL ASSISTANCE) TO PROCEED ON THE PROJECT AS THE VEHICLE WOULD BE COMPLETE WITH RED LIGHTS, SIREN AND CITY OF STILLWATER POLICE DEPARTMENT DOOR SHIELDS. DUE TO AN INCREASE IN THE VOLUME OF VEHICLE TRAFFIC AT THE MYRTLE AND THIRD STREET INTERSECTION WE HAVE BEEN GETTING QUITE A FEW COMPLAINTS FROM MOTORISTS. THE COMPLAINT IS FROM THE DRIVERS THAT ARE NORTH BOUND ON THIRD THAT ARE HAVING TROUBLE SEEING CROSS TRAFFIC COMING FROM THE EAST. I KNOW PARKING IS AT A PREMIUM IN THE DOWNTOWN AREA, BUT THE POLICE DEPARTMENT IS ASKING THAT THE FIRST PARKING SPACE TO THE EAST OF THIRD STREET, ON THE SOUTH SIDE OF MYRTLE STREET BE CHANGED TO A "NO PARKING" SPACE. THIS SHOULD HELP THE VISION OF THE MOTORISTS NORTHBOUND ON THIRD STREET. 92 -111 DONALD L. BEBERG CHIEF OF POLICE • THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M O R A N Cs U M Ta = Chief Beberg I' R C7 r1 = SERGEANT B .J . KLOSOWSKY IDATE = Oct. 22, 1992 R E = Historical Squad Car TIMOTHY J. BELL CAPTAIN The recent use of a 1959 Ford Squad Car by our department for use in the Jail and Bail fund raiser, which was on loan from Lt. James Daly, a Ramsey County Deputy Sheriff, has stimulated interest by myself and Jim Gannon of Gannons Auto Body Shop, to do a similar type of vehicle of our own. Mr. Gannon has purchased a 1959 Ford 4 door car and would be willing to assist in this project. • It is my desire to seek the support of the Stillwater Police Department and the Stillwater City Council, to sanction the building of a historical squad car. This car would be owned by me, but would be used primarily as a D.A.R.E. car, and would be used in other city functions such as Jail & Bail, Lumberjack Days, and other civic functions, or car shows as deemed appropriate. I would also like to do a historical display of Stillwater Police badges, patches, old handcuffs and come -a- longs, pictures and articles, to accompany the car. I would like to seek your support in order to assist me in obtaining funding, parts, services, and supplies as necessary to bring this project to fruition. At this point, Mr. Gannon has obtained the vehicle, and has a motor and transmission in another vehicle which will fit this car. He is willing to assist in the repainting & body work on the vehicle. The engine and transmission are in need of overhaul. It will need new tires, an exhaust system, shock absorbers, some glass replacement, new upholstery, as well as replacement of some missing parts. We have an old type single cherry red light for the roof, and Captain Bell feels that an old type mechanical siren could be found. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response/Assistance: 911 A project of this type would generally cost $6- 8,000 to restore a vehicle. However, with donated parts and labor the project could be done for considerably less. Mr. Gannon feels that with the help of a local car club, The Valley Cruisers, that this project could easily be completed this winter. I believe this car would be a valuable tool for the D.A.R.E. program and has the encouragement and support of Officers Wardell and Magler. They could obtain magnetic D.A.R.E. emblems for the car, and would show the car during their D.A.R.E. presentations and use the car during Lumberjack Days Parade to carry D.A.R.E. teachers and have D.A.R.E. student graduates accompany the car. I also feel it would help to accentuate the historical flavor of Stillwater and its Police Department, and would be a positive public relations tool for all of us. 92 -15 '51 News/silaf The Intermodal Surface Transportation Efficiency Act of 1991 Number 1 INTRODUCTION Welcome to the first edition of the Minnesota Department of Transportation (Mn /DOT) ISTEA implementation Newsletter. The purpose of this publication is to enhance or promote awareness and inform clients, local governmental agencies and interested parties about the provision of ISTEA and Mn /DOT's implementation of the Act. This edition will focus on the Title I Provision of ISTEA. Future editions will look at specific Items of Title I, *face Transportation and highlight implementation tegies being discussed or underway. These upcoming editions will also include a review of • October, 1992 implementation strategies regarding Title Ill, Transit, and Title V, Intermodal Transportation or any other provisions of the Act that require new or changes in procedures as a result of ISTEA. There is no set interval between editions, therefore ISTEA Newsletters will be published and distributed as the need arises. Articles concerning implementation of some facet of ISTEA will list office and contact person responsible for that portion of the Act. TITLES OF THE ISTEA ACT Title 1 Surface Transportation Title 11 Highway Safety Title 111 Transit Title IV Motor Carrier Title V Intermodal Transportation Title VI Research Title VII Air Transportation Title Vill Extension of Taxes & Trust Fund MAJOR PROVISIONS OF TITLE I NATIONAL HIGHWAY SYSTEM (NHS) is a national road system of approximately 3,700 miles in Minnesota that provides an inter - connected system of roads serving inter - regional travel, emphasizing multi -state corridors and state connectivity. INTERSTATE - Although part of NHS, the Interstate system will retain its separate identity and will receive separate funding. Minnesota's Interstate completion apportionment for 1992 is $18 million. The act also establishes an Interstate Maintenance (IM) program to rehabilitate, restore and resurface the Interstate System. Minnesota's 1992 apportionment of IM funds was $43.4 million. SURFACE TRANSPORTATION PROGRAM (STP) is a new flexible program that may be used by the states and localities for any roads (including NHS) that are not functionally classified as local or minor collectors. These roads are now collectively referred to as Federal -aid roads. Bridge projects paid for with STP funds are not restricted to Federal -aid roads but may be on any public road. Transit capital projects are also eligible under this program. For 1992, Minnesota's STP apportionment is $76.3 million. teach State's STP funds are allotted in the following manner: A- 10% for safety, i.e. hazard elimination and rail highway crossings i 10% for transportation enhancements * 24% for Twin Cities Metro Area * 26% for areas with less the 200,000 population * Small areas with population less than 5,000 will receive at least (110% of Minnesota's Secondary System Apportionment) $15.7 million * The remaining funds (30 %) can be spent in any area of the state. BRIDGE REPLACEMENT AND REHABILITATION PROGRAM (BR) - The ISTEA continues the BR program with a 1992 apportionment to Minnesota of $25.6 million. Bridges in Minnesota are eligible for these funds based on a statewide priority system for deficient bridges. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM (CMAQ) - Minnesota has two air quality non- attainment areas eligible for funding with CMAQ funds; Mpls. /St. Paul and Duluth. CMAQ projects must contribute to meeting attainment of national ambient air quality standards. Minnesota's apportionment for 1992 is $4.1 million. "DERAL LANDS - The Federal Lands Program,, previously available through four categories, are now provided through the following three categories: fi,fi,fi „I,fi „ :,Ifi,,,fififii, ;.f:,fi,j * Indian Reservation Roads. -r-R' • Parkways and Park Roads, ands -r-R' ' • Public Lands Highways, which incorporates the previous Forest Highway category. The funds are allocated on the basis of relative needs. The Forest Highway portion of Public Lands Highways and the Indian Reservation Roads authorizations are allocated by administrative formula. • SPECIAL PROGRAMS - There are 539 Congressionally designated highway projects (Demonstration Projects). Minnesota has 22 of these projects totalling $239.7 million over a six year period. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) introduces several new programs into Title 23 of the United States Code. The ISTEA fosters cooperation in decision making, creates broad flexibility and eligibility for funding transportation improvements, emphasizes intermodalism and suggests a new way of doing business. Questions su 95. John Ireland ►gesbons end general comments maybe sent ti NEWSLETTER EDITOR, ROBERT LOWE 810 Transportation Bldg t Paui, MN 55155 or phone (612)_;296 1.657 •CSIMIL.IE Na 297:3160;:; . H sp7. Minnesota Department of Transportation o Office Of Highway Programs n yo ISTEA Newsletter Editor a ▪ 810 Transportation Building . 395 John Ireland Blvd. y- St. Paul, Minnesota 55155 OF TRPI‘ (612) 296 -1657 j OCT 14'92 1 i. Q�'ai I. ` _ s � aF,c„ , �`6�� 6132317 L________..____,__i,. Richard Moore Short, Elliott, .Hendrickson City of Stillwater 3535 Vadnais Center Drive Vadt ais Heights, Minnesota 55110 SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES October 20, 1992 The meeting was called to order by Mayor Pro Tem Opheim. 4:30 p.m. Present: Councilmembers Bodlovick, Farrell, Funke, and Opheim Absent: Mayor Abrahamson Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Debion Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Harold Teasdale, Scott Renne, Richard Kilty, Anna Sorbie, Mark Ruud WORKSHOP WITH HAROLD TEASDALE REGARDING REDUCTION OF TAXES FOR COTTAGES OF STILLWATER Council met with Harold Teasdale to hear his request for abatement of taxes on the Cottages of Stillwater. Scott Renne, Washington County Assessor's Office, was also present. Mr. Teasdale stated that he is no longer asking for a change in classification, since that request was denied by the State of Minnesota. His current request for abatement is based on an increase in the assessed market value of Phase I and Phase II for payable 1992 taxes. Council determined that, since Mr. Teasdale's request is currently pending in district tax court, the City does not have any control over the process at this time. Council directed the City's Finance Director to work with Mr. Renne and come to an agreement regarding future abatement requests. JOHNSON CONTROLS PROPOSAL FOR HVAC CONTROLS Anna Sorbie and Mark Ruud from Johnson Controls met with Council to present a proposal for an HVAC Capital Improvement Program. A feasibility evaluation has been completed and the results were presented, showing a potential energy cost savings of approximately $13,000 per year, which would be used to pay for the program. City Hall and the Library would be included in the program. Council suggested that the buildings be considered as separate projects. Motion by Councilmember Farrell, seconded by Councilmember Funke to direct Staff to review the proposal and letter of intent for HVAC controls by Johnson Controls and bring a recommendation to Council at the November 10, 1992 meeting. (All in favor) Stillwater City Council Minutes Special Meeting October 20, 1992 OTHER BUSINESS City Coordinator Kriesel informed Council of a request by Stillwater Township for a workshop session on annexation during the week of November 16, 1992. It was determined that this meeting could be postponed until January, 1993. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adjourn the meeting at 6:05 p.m. (All in favor) ATTEST: CITY CLERK Submitted by: Shelly Schaubach Recording Secretary 2 MAYOR • STILLWATER CITY COUNCIL MINUTES October 20, 1992 RECESSED MEETING 7:00 p.m. The meeting was called to order by Vice - President Opheim. Present: Councilmembers Bodlovick, Farrell, Funke, and Opheim Absent: Mayor Abrahamson Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell Consulting Engineer Peters Public Works Director Junker Planning Comm. Chair Fontaine City Planner Pung - Terwedo Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Ed Cain, Chris and Julieann Pluth, Mark Kemper, Roger Wohlers, Frank Rheinberger, Rich Rodrique, Scott Grover, Joan Norman, Sandy Goettner, Rob Williams, Bill Sanders, David Paradeau, Duane and Martha Hubbs, Chuck Dougherty APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Regular & Recessed Meetings of October 6, 1992 as presented. (All in favor). STAFF REPORTS 1. Public Works Director - Request to Move a Garage Onto Chestnut Street Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request by Mr. Anderson to move his garage onto Chestnut Street temporarily during a remodelling project. (All in favor). Request for Street Light at 209 N. Third Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request for placement of a street light at 209 N. Third Street. (All in favor). Request to Hire Jeff Melstrom Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the request by the Parks Department to hire Jeff Melstrom part -time at a salary of $6.50 per hour. (Resolution No. 92-224) 3 Stillwater City Council Minutes Recessed Meeting October 20, 1992 Ayes - Councilmembers Bodiovick, Farrell, Funke, and Opheim. Nays - None 2. Consulting Engineer Award of Bid for Thin Spreading Contaminated Soils Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution approving the award of bid to Atec Environmental Consulting Services for thin spreading con- taminated soils from', South Main Lift Station. (Resolution No. 92- 225) Ayes - Councilmembers Bodiovick, Farrell, Funke, and Opheim. Nays - None Award of Bid for Abandoning Groundwater Monitoring Wells Motion by Councilmember Farrell, seconded by Councilmember Bodiovick to adopt the appropriate resolution approving the award of bid to Atec Environmental Consultants in the amount of $1,479.50 for abandoning the groundwater monitoring wells in the old Glacier Park property, contingent upon approval from the MPCA. (Resolution No. 92 -226) Ayes - Councilmembers Bodiovick, Farrell, Funke, and Opheim. Nays - None Approval of Supplemental Agreement No. 11 Motion by Councilmember Farrell, seconded by Councilmember Funke to approve Supplemental Agreement No. 11 with Johnson Brothers Corporation. (All in favor) Approval of Change Order #1, Green Twig Wav Motion by Councilmember Bodiovick, seconded by Councilmember Farrell to approve Change Order No. 1 in the amount of $4,239 for the Green Twig Way project. (All in favor) UPDATE ON FUNDING FOR THE LEVEE WALL Legislative Consultant Ed Cain reported to Council on the status of the Water Resources bill. The bill has passed Congress and is currently awaiting the President's signature. The bill provides $2.4 million in funding which now must be approved by the appropriation committee; the city would be responsible for $800,000 in matching funds. Mr. Cain said that he could consult with the City in obtaining a special appropriation from the State Legislature in 1993. Motion by Councilmember Funke, seconded by Councilmember Farrell to authorize Staff to work with Mr. Cain in developing an agreement for seeking State funding for the levee wall. (All in favor) 4 Stillwater City Council Minutes Recessed Meeting October 20, 1992 INDIVIDUALS & DELEGATIONS 1. Chris & Julianne Pluth request for Variance Mr. and Mrs. Pluth appeared before Council to request a Variance to construct a garage at 1120 No. First St. The garage would be set back 15 feet from Stillwater Avenue E.; a 30 foot setback is required. The Pluths are asking for the variance at this time because they hope to begin construction by November 15, before the ground freezes. Ben and Barbara Welshons, adjacent property owners, stated they are not opposed to the project since it is not their property line which will be affected. Council determined that there are too many issues unresolved at this time, and requested that the applicants appear before the Planning Commission on November 9. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to set a Public Hearing date of November 10, 1992 to hear the Variance request by Chris and Julianne Pluth to construct a garage at 1120 No. First Street. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the continuation of a Public Hearing to consider a Variance to the sideyard setback requirement (8.32 ft. requested, 10 ft. required) & to the rearyard setback requirement (15.35 ft. requested, 25 ft. required) for the construction of a duplex on Lots 16 & 17, block 1, Forest Ridge Add. (Eastridge Ct.), located in the RB, Two - Family Residential Dist., Case No. V/92 -44, Allen Rose, applicant. Notice of the hearing was published in The Courier on September 24, 1992 and mailed to affected property owners. Comm. Dev. Director Russell reported that the Planning Commission heard this case in September and a neighbor expressed his concern at that time. The case was continued to the October meeting at which time the applicant presented three options for placement of the building. The Planning Commission favored Option 3 which moves the building forward 10 feet into the frontyard setback, and leaves the rearyard setback approximately the same as the existing townhomes. Mark Kemper, land surveyor and engineer, stated that the lot has been staked, and he feels Option 3 satisfies the concerns of the neighbor. Roger Wohlers, 1933 Eastridge, the concerned neighbor, stated that he and the other neighbors are in agreement with the way • Stillwater City Council Minutes Recessed Meeting October 20, 1992 • the lot is currently staked. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request for a Variance to the sideyard setback requirement (8.32 ft. requested, 10 ft. required) & to the frontyard setback as specified in the applicant's Option 3 plan for the construction of a duplex on Lots 16 & 17, Block 1, Forest Ridge Add. (Eastridge Ct), located in the RB, Two Family Residential Dist., as conditioned, Case No. V/92 -44, Allen Rose, applicant. (All in favor) 2. This is the day and time for the Assessment Hearing on the proposed assessment for Highlands of Stillwater, Phase II, L.I. 276. Notice of the hearing was published in The Courier on October 1, 1992 and mailed to affected property owners. Consulting Engineer Peters reviewed the costs and proposed assessment roll. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the assessment for Highlands of Stillwater, Phase II, L.I. 276. (Resolution No. 92-221) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None 3. This is the days and time for the Assessment Hearing on the proposed assessment for Green Twig Way, L.I. 282. Notice of the hearing was published in The Courier on October 1, 1992 and mailed to affected property owners. Mr. Peters reviewed the expenditures and the revised assess- ment roll. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the assessment for Green Twig Way, L.I. 282. (Resolution No. 92 -219) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None 4. This is the day and time for the Assessment Hearing on the Proposed assessment for Gloves Addition, L.I. 283. Notice of the hearing was published in The Courier on October 1, 1992 and mailed to affected property owners. 6 Stillwater City Council Minutes Recessed Meeting October 20, 1992 Mr. Peters explained the costs and proposed assessment roll. Frank Rheinberger and Richard Rodrique, who own two of the lots, were present to object to the proposed assessments. They also submitted a written objection, based on their opinion and that of a real estate broker that the improvements have not increased the value of their property by the amount of the proposed assessment. Scott Grover, owner of three of the lots, stated that his lots have increased in value because of the improvements, and that he feels the value of Mr. Rheinberger's have increased to the same extent. Joan Norman, who lives across the street from Mr. Rheinberger's property, stated that there has been a vast improvement to Mr. Rheinberger's property. Sandy Goettner, 1301 W. Orleans, stated that her only concern is when the project will be finished. City Attorney Magnuson explained the Council's options in approving the assessment roll. Motion by Councilmember Farrell, seconded by Councilmember Bodiovick to adopt the appropriate resolution approving the assessment for Gloves Addition, L.I. 283, with the understanding that negotiations will continue with Mr. Rheinberger and Mr. Roderique regarding a fair assessment for their properties. (Resolution No. 92 -220) Ayes - Councilmembers Bodiovick, Farrell, Funke, and Opheim. Nays - None Council recessed for ten minutes and reconvened at 8:25 p.m. 5. Levee Wall Reconstruction and Lowell Park Expansion Plan. City Planner Pung - Terwedo reviewed the background of the Plan. Rob Williams and Bill Sanders of Sanders Wacker Wehrman Bergly, Inc., presented the Levee Wall /Lowell Park Plan. The total estimated cost of the Plan is $5.7 million, which includes $3.3 million for the levee wall reconstruction. Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the Levee Wall /Lowell Park Plan as presented to be implemented if and when funds are available. (All in favor) UNFINISHED BUSINESS 1. Report on Boat Plaza Construction and Conditions of Approval for Benches. 7 Stillwater City Council Minutes Recessed Meeting October 20, 1992 Mr. Russell explained the conditions of approval for a boat plaza built by the St. Croix Boat and Packet Company. One of the conditions was that the benches used in the plaza be approved by the Design Review Committee. Concrete benches were installed that were not approved by the Committee. Mr. Russell asked for a decision from Council. Motion by Councilmember Funke to allow the concrete benches to remain at the boat plaza. The motion died for lack of a second. Motion by Councilmember Funke, seconded by Councilmember Opheim to allow the concrete benches to remain at the boat plaza until the time that Lowell Park is developed. Councilmember Funke withdrew the motion. Motion by Councilmember Funke, seconded by Councilmember Opheim to table the issue until a full Council is present. (Ayes - 2; Nays - 2, Councilmembers Bodlovick and Farrell) Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to inform Mr. Anderson that he is to install historic benches as approved by the Design Review Committee. (Ayes - 2; Nays - 2, Councilmembers Funke and Opheim) 2. Appointment of Downtown Project Review Task Force. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to appoint the following committee members to the Special Downtown Project Review Task Force: Darwin Wald, Glenna Bealka, Tim Stefan, Bob Kimbrel, Paul Simonet, Karl Ranum, Diane Rollie, Dave Pohl, and Ann Bodlovick and Gary Funke representing the Council. (All in favor) 3. Report on Property at 107 North Third St. and request for Direction This item was continued to the meeting of November 10, 1992. 4. Possible Second Reading of the Bed & Breakfast Ordinance. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading and enactment of the Bed and Breakfast Ordinance by title. (Ordinance No. 768) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None 5. Possible Second Reading of the Amendment to the Wine Ordinance by Adding Strong Beer Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of the amendment to the Wine Ordinance by adding strong beer. (Ordinance No. 767) 8 • Stillwater City Council Minutes Recessed Meeting October 20, 1992 Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Funke to direct Staff to study the City's fee structure and make a recommendation for a possible increase in fee for a Wine License. (All in favor) 6. Discussion of Handicapped Parking in Main St. /Commercial St. (Fina) Parking Lot Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have the four -hour limit signs removed from the handicapped parking spaces at the Maple Island parking lot. (All in favor) 7. Development Agreement for Minnesota Zephyr. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to reduce the purchase price of the property to be sold to the Minnesota Zephyr by $10,800 to $124,200 at an interest rate of eight percent. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the Develop- ment Agreement between the City of Stillwater and the Minnesota Zephyr, with possible modification to the parking lease agreement and directing the Mayor and City Clerk to sign the documents. (Resolution No. 92 -227) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None NEW BUSINESS 1. Petition for Local Improvements - The Highlands of Stillwater, Third Add., Steven Fiterman, applicant. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution accepting the petition for Local Improvements, The Highlands of Stillwater, Third Add., Steven Fiterman, applicant, and ordering the feasibility report and preparation of plans and specs. (Resolution No. 92 -228) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None 2. Request for Private Septic System Approval - Berwald Family. Penthouse Acres. Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the request for a private septic system by the Berwald Family, Penthouse Acres. (All in favor) Stillwater City Council Minutes Recessed Meeting October 20, 1992 3. Request for Wine & Beer License - The Brunswick Inn, 114 E. Chestnut St., Duane & Martha Hubbs, Applicant. Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the request for a Wine & Beer License for the Brunswick Inn, 114 E. Chestnut St., Duane & Martha Hubbs, Applicants. (All in favor) 4. Change Order No. 1, Storm Sewer in the No. 4th St. and West Wilkins St. Ravine. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve Change Order No. 1, Storm Sewer in the No. 4th St. and West Wilkins St. Ravine. (All in favor) 5. Application for Payment No. 2, Gloves Addition, L.I. 283. Motion by Councilmember Farrell, seconded by Councilmember Funke to approve Payment No. 2, Gloves Addition, L.I. 283. (All in favor) 6. Application for Payment No. 3, No. Main St. & Lowell Inn/ Rivertown Commons Parking Lots, L.I. 257 & 259. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve Payment No. 3, No. Main St. & Lowell Inn /Rivertown Commons Parking Lots, L.I. 257 & 259. (All in favor) 7. Application for Payment No. 4, No. Main St. & Lowell Inn /Rivertown Commons Parking Lots, L.I. 257 & 259. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve Payment No. 4, No. Main St. & Lowell Inn /Rivertown Commons Parking Lots, L.I. 257 & 259. (All in favor) 8. Adoption of Miscellaneous Assessment Rolls Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution correcting L.I. 257 Special Assessments for the Dock Cafe. (Resolution No. 92 -215) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution adopting assessments for L.I. 287, Sidewalk Improvements. (Resolution No. 92 -218) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt thje appropriate resolution adopting assessment for L.I. 288, Street Overlay. (Resolution No. 92 -222) 10 • Stillwater City Council Minutes Recessed Meeting October 20, 1992 Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution adopting delinquent Water and Sewer charges, L.I. No. 001. (Resolution No. 92 -214) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution adopting delinquent Commercial Garbage Charges, L.I. No. 002. (Resolution No. 92 -217) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None Motion by Councilmember Farrell, seconded by Councilmember Bodlovick adopting the appropriate resolution adopting assessment for L.I. 011, Diseased Tree Removal. (Resolution No. 92 -216) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None CONSENT AGENDA Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the Consent Agenda of October 20, 1992, including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 92 -213). Ayes - Councilmembers Bodlovick, Farrell, Funke and Opheim Nays - None 2. Contractor's Licenses: Oakwood Construction General Contractor New 696 No. Bay Road Somerset, Wi 54025 3. Request for approval of "Application for Exemption from Lawful Gambling License" by St. Michael's Council of Catholic Women for event on Nov. 14, 1992. 4. Set Public Hearing date of September 8, 1992 for the following Planning Cases: a. Case No. SUP /92 -48 - Special Use Permit to use a public right -of -way for a driveway access to a residential lot located south of Interlachen Dr. & east of Maryknoll Dr. in the RA, Single - Family Residential Dist., Dave & Betsy Wanless, applicants. 11 Stillwater City Council Minutes Recessed Meeting October 20, 1992 b. Case No. SUB /92 -50 - Minor Subdivision of a 6.33 acre site into two lots of 2.83 acres & 3.50 acres located west of Washington Ave. & south of W. Orleans (east 1/2 of Outlot A) in the BP -I, Business Pk. Indus. Dist., Bill Pauley, applicant. c. Case No. SUP/92 -52 - Special Use Permit to construct a 23,625 sq. ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcel 1) in the BP -I,' Bus. Pk. Indus. Dist., Washington Co. HRA, applicant. COUNCIL REQUEST ITEMS Councilmember Bodlovick noted the Central Saint Croix Valley Joint Cable Communications Commission's "Internal Audit Committee Report for Fiscal Year 1991 ". STAFF REPORTS (Continued) 1. City Attorney - Amie Webster Trust Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution approving the transfer of certain trust funds for the Amie Webster Trust. (Resolution No. 92 -223) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim. Nays - None 2. City Coordinator - Hiring Concession Worker for Lily Lake Arena Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the hiring of Jennifer Kunde as Concession Worker at Lily Lake Arena at a wage of $4.25 per hour. (Resolution No. 92 -229) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None Mr. Kriesel noted that the electronic voting machines will be tested on Thursday, October 29, 1992 at 2:00 p.m. Letter from Mr. Palmer Motion by Councilmember Funke, seconded by Councilmember Bodlovick to direct the City Attorney to draft a letter in support of Mr. Palmer's request for exemption from the Lodging Tax legislation. (All in favor) Letter from Jack and Patricia Gill Motion by Councilmember Farrell, seconded by Councilmember Funke 12 Stillwater City Council Minutes Recessed Meeting October 20, 1992 to refer the letter from Jack and Patricia Gill to the Parks and Recreation Board. (All in favor) 3. Comm. Dev. Director - Motion by Councilmember Farrell, seconded by Councilmember Bodiovick to direct the Community Development Director to write a letter of recommendation to the Metropolitan Council Advisory Board regarding funding of County Road 64 (McKusick Road) Bikeway. (All in favor) ADJOURNMENT Motion by Councilmember Bodiovick, seconded by Councilmember Funke to adjourn the meeting at 10:40 p.m. (All in favor) ATTEST: CITY CLERK MAYOR Resolutions: No. 92 -224 - Employing Jeff Melstrom Part -Time in Parks Dpt. No. 92 -225 - Awarding Bid to Atec for Thinspreading Contaminated Soil No. 92 -226 - Awarding Bid to Atec for abandoning monitoring well No. 92 -221 - Approving Assessment Roll, Highlands of Stillwater, L.I. 276 No. 92 -219 - Approving Assessment Roll, Green Twig Way, L.I. 282 No. 92 -220 - Approving Assessment Roll, Gloves Addn., L.I. 283 No. 92 -227 - Approving the Development Agreement with Minnesota Zephyr No. 92 -228 - Accepting the Petition for Local Improvements, High- lands of Stillwater, Third Addn. No. 92 -213 - Directing Payment of Bills No. 92 -223 - Approving Transfer of Certain Trust Funds No. 92 -214 - Assess. for Delinquent Sewer Charges No. 92 -215 - Correcting Assess. for L.I. 257, Dock Cafe No. 92 -216 - Assess. for Diseased Tree Removal, L.I. 011 No. 92 -217 - Assess. for Delinquent Garbage Charges, L.I. 002 No. 92 -218 - Assess. for Sidewalk Improvement, L.I. 287 No. 92 -222 - Assess. for Street Overlay, L.I. 288 No. 92 -229 - Employ Jennifer Kunde Part Time at Lily Lake Arena 13 Ordinances: No. 767 - Amending Wine License with addition of strong beer. No. 768 - Regulating Bed and Breakfast facilities. Submitted by: Shelly Schaubach Recording Secretary 14 • THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 5, 1992 SUBJECT: PUBLIC HEARINGS FOR COUNCIL MEETING OF NOVEMBER 10, 1992. The following two cases should be continued to the Council meeting of December 1, 1992. 1. A public hearing to consider a Special Use Permit to use a public right -of -way for a driveway access to a residential lot located south of Interlachen Drive and east of Maryknoll Drive in the RA, Single Family Residential District. Case No. SUP/92 -48, Dave and Betsy Wanless, Applicants. 2. A public hearing to consider a Minor Subdivision of a 6.33 acre site into two lots of 2.83 acres and 3.50 acres located west of Washington Avenue and south of West Orleans (east 1/2 of Outlot A) in the BP -I, Business Park Industrial District. Case No. SUB /92 -5t1, Bill Pauley, Applicant. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 PLANNING APPLICATION REVIEW CASE NO. V/92 -48 Planning Commission Meeting: October 12, 1992 Project Location: South of Interlachen Drive, east of Maryknoll Drive. Comprehensive District: Single Family Zoning District: RA Applicant's Name: Dave and Betsy Wanless Type of Application: Variance for use and development of a driveway over an unimproved road right -of -way. PROJECT DESCRIPTION The request is to use a portion of unimproved Interlachen Drive for an access to a single family residence. DISCUSSION The request is to extend a driveway off the end of Interlachen Drive within the Inter 1achen Drive right -of -way. The driveway would be extended approximately 280 feet along the unimproved Interlachen Drive right -of -way, then extended another 175 feet on the private property to the proposed home location. The residential site is a 2.4 acre lot. The applicant has indicated that only one residence will be constructed on the lot. City sewer and water services are not currently available to the site. City water and sewer mains will have to be extended at the property owners expense within the Interlachen right -of -way to service the site. A fire hydrant will also have to be installed along the water main to provide fire protection to the site. The driveway construction and sewer and water main should be located and sized to accommodate future development of the area to the north (Interlachen Hills II). The property owners shall be responsible for the costs of road improvements attributable to the property when the Interlachen Hills development occurs. (See Interlachen Hills preliminary plat maps.) Outlot "B ", the site for the new residence, is sloped with a pond on the rear portion of the lot. (See attached map.) A grading /drainage plan for the driveway improvements and Outlot "B" development shall be submitted as a part of building permit review to make sure erosion is minimized and runoff is provided for. The driveway shall be paved to reduce the erosion from the driveway cut and edges planted. City requirements allow one residence only to use an unimproved road right -of -way. The request has been referred to the Public Works and Water Departments and City Engineer for comments. As of this writing, final comments have not been received. RECOMMENDATION: Approval with conditions. 4 Case No. V/92 -48 - Continued CONDITIONS OF APPROVAL: 1. Water and sewer mains shall be extended in the Interlachen Drive right -of -way to where the driveway services the property. (The size of the mains shall be determined with the Public Works and Water Departments.) 2. A grading/drainage plan shall be provided to show the driveway improvements over the Interlachen Drive right -of -way and development of Outlot "B ". The plan shall show topography of the area and tree locations. 3. Only one residence shall be served by the Interlachen Drive driveway access. 4. The developer shall be responsible for attributable assessment cost that may result from the development of Interlachen Hills Phase II. 5. The applicant shall obtain a license from the City to use the Interlachen Drive right -of -way for a driveway access. 6. Final comments from the City Engineer, Public Works and Water Departments shall be incorporated into the final plans. Case Number 1..52L1P ��z ow Fee Paid 2J CASE NUMBER Date Filed 94 �L��— PLANNING ADMINISTRATIVE FORM Street Location of Property• -ih 1ctckel'N � �''�' °L ;Fie+ 3 CS(*.� Legal Description of Property: °' L- B bxCe��.1 v1. tLe C:ast qapb-feet c,V%3 `i' l�e_-�S WG-h1 3 Name ame Address 3510 Lace 8i)e--N- cSoy/ Applicant (if other than owner): Name .Address Phone: Type of Request:. ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat ___ Variance :__ Other • Description of Request; Chj 0wci; -euc Owretis Gtr eve t,�c, Signature of Applicant: g P, Date of Public Hearing. NOTE: Sketch of proposed property and structure to be drawu.on back of Cached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on (dute) subject to the following conditions: or at- 4 1? Approved ___ Denied ___ by the Council on subject to the following conditions; Comments; (Use other side), CITY OT STILLWATLR, VIINNESOT'A ZONING MAP ca 1 r_ —•-••• i • ,La 1 R4 did a+e R4 PLANNING APPLICATION REVIEW CASE NO. SUB/92 -50 Planning Commission Meeting: October 12, 1992 Project Location: North of 1790 Washington Avenue. Comprehensive Plan District: Industrial Park Zoning District: Business Park Industrial Applicant's Name: Bill Pauley Type of Application: Minor Subdivision. Project Description: Request to subdivide east 1/2 of Outlot "A ", Stillwater Industrial Park into two lots - lot #2 containing 152,467 square feet and lot #3 containing 123,389 square feet. Discussion The request is to subdivide a 6.3 acre lot into two lots of 2.8 acres and 3.5 acres. Both lots meet the lot size requirements of the Zoning Ordinance. RECOMMENDATION: Approval. ATTACHMENT: Preliminary plat. • CASE NUMBER Case Number Fee Paid p/3 0,/,oL Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: North of 1790 Washington Ave. N. (Stillwater Industrial Park) legal Description of Proportyle_ Aug &uunIk4Parcel #2 & #3 Owner: Name Bill J. Pauley- Sharron M. Paulez- Violet E.Kern • y Address45.2Q xtlamak -$lmA, Stillwater ,MN Phone :612 Applicant (if other than owner): Name Address Phone: 439 5127 Typo of Request:. Rezoning Special Use Permit Variance IMO ma OW Approval of Preliminary Plat ___ Approval of Final Plat ._ Other Description of Request :Subdivision of the remainder of the E. ofOtJTLOT "A" Stillwater Industrial Park into Parcel #2 containing 152,467 S.F. &Parcel #3 cQllt 8123,389 S. F. (See attached' sketch &legal descriptions) Date of Public Hearing: Signature of Applican%.�1- '! WO *imo NOTE: Sketch of proposed property and structure to be drawn.on back of this, for a or at,.. tacked, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. 0 :4° -t x y cc 510#41 VOI `sus% Approved ___ Denied _..Iwo by the 'Planning Commission on (dote) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Use other side • • • • BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439 -8833 LAND DESCRIPTION FOR BILL PAULEY PARCEL 2 September 4, 1992 That part of the North 386.60 feet of the South 731.48 feet of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 152,467 square feet, more or less. PARCEL 3 That part of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying northerly of the South 731.48 feet thereof and easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 123,389 square feet, more or less. 24-5.17 123,389 sq, f t, 2,83 acres,, 1 7:51.48 3 4--) 3.4°1 6S9°2Pf z'" E 3ter_:t3o V n' v.r r! v 152,47 sq, ft. -\ / 3,50 (Icres % r .�` (f°/ o, l.\; 1 32o • 1"7 N09° 2,8'2.g "t ) 102 ,210 sq. ft. .35 acres • • PLANNING APPLICATION REVIEW CASE NO. SUP/92 -52 Planning Commission Meeting: October 12, 1992 Project Location: On Washington Avenue between Curve Crest Blvd. & Orleans. Comprehensive Plan District: Industrial Park. Zoning District: Business Park Industrial Applicant's Name: Washington County Housing & Redevelopment Authority. Type of Application: Special Use Permit Project Description: Request to operate a lumberyard with outside storage in the Business Park Industrial District, BP -I. Discussion: The request is to construct a lumberyard and building center. The building includes 23,625 square feet of covered warehouse space, 50,000 square feet of outside storage, and 7,200 square feet of office /retail space. (See attached letters.) A paved outside display area is provided next to the retail space. Currently, 80 -85% of the building center's sales are to building contractors. A Special Use Permit is required because of the outside storage area and a determination that the lumberyard use is appropriate for the BP -I district. The use is not listed, but of the Industrial Park districts (office, commercial and industrial) the industrial district is most appropriate for the use. The lumberyard use would be similar to a nursery. (See attached BP -I regulations.) The plans show 71 car parking spaces in three areas. This number is in excess of the required parking for an office /warehouse use (60 spaces). The plans will be reviewed by the Design Review Committee of the City, based on the West Business Park design guidelines. The warehouse building will have a perimeter foundation with floating slab floor. The building will have metal siding and roof. No lighting plan has been provided. A wall sign is shown on the front of the sales area building. The maximum sign area for the building is 90 square feet. RECOMMENDATION: Approval with conditions. PLANNING APPLICATION REVIEW CASE NO. SUP/92 -52 - Continued CONDITIONS OF APPROVAL: 1. Maximum sign area shall be 90 square feet. 2. The project design shall be reviewed by the Design Review Committee for consistency with the West Business Park design guidelines before Council decision. 3. A lighting plan shall be submitted for Community Development approval. The light source shall not be seen from off site and light shall be directed down. 4. The plans shall be reviewed by the City Engineer and comments incorporated into the final development plans. 5. The project shall meet Stillwater West Business Park design standards. 6. Landscaping shall be kept in a healthy condition for five years. • • • CASE NUMBER Case Number 5tl 0 Fee Paid 7a Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: On Washington Avenue near Curve Crest Logal Description of Property: See attached legal descriEtion Owner: Name Bill J. Pauley, Sharron M. Pauley, Violette E. Kern 4570 Northbrook Blvd. "N. Address __St .1- kat:.ers MN 55082 Phone: Applicant (if other than owner): Name Washington County Housing & Redevelopment Authority Address 321 Broadway Avenue Phone: 612/458 -0936 St. Paul Park, MN 55071 Typo of Request:. ___ Rezoning ___ Approval of Preliminary Plat ___ Special Use Permit __.. Approval of Final Plat ___ Variance :__ Other • Description of Request: Silecial Use Permit to allow construction of a United ,3jilli g_Centers retail store adioinin& a 2roposed warehouse facility. Date of Public Hearing: Signature of Applicant: 5 3o,1�ea rCx�wt• �� b ►r,eCte)k NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at- tached, showing the following: ,,,-,r., 1. North direction. f.- , . ti L J c'I SEA 1- 2. Location of proposed structure on lot. co'. 3. Dimensions of front and side set - backs. OC+ 1' 4. Dimensions of proposed structure. N ,TL Wfr.Tc'. 5. Street names. N C11 LWp,T:ER 6. Location of adjacent existing buildings. G�'�r� s7"M�hN31 7. Other information as may be requested. IP Approved ___ Denied ___ by tho Planning Commission on (dote) subject to the following conditions: Approved Denied __gaol by the Council on subject to the • following conditions: Comments: (Use other side), d. e. f. Subdivision 21 Rear Side Abutting residential district Lot area coverage maximum impervious Landscaping area, minimum Front and sideyard setbacks shall be landscaped. 6. DESIGN REGULATIONS: a. 30 20 75 6CP- 2 feet feet feet of lot area o of lot area See West Business Park Plan Special Sites and Design Guidelines pages 18 - 20. Subd. 21. BP- I - 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 of light materials including electronic components and accessories.. b. Automotive painting, upholstering, tire recapping and major repair when conducted completely in an enclosed building. Research laboratories.` Business, professional and medical office services. Finance, insurance and real estate office services. c. e. 3.-- SPECIAL PERMITTED USES: 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 more than twenty percent of building floor area is purposes. i. Cultural or governmental facilities (movie theatre, fire stations). 4. USE DETERMINATION: long as no for retain libraries, A Special Use Permit may be granted for other uses determined to be of the same general character as the foregoing uses and which will not impair the present or potential use of adjacent properties. The findings of "same general character" shall be made by the Planning Commission and the Special Use Permit approved and issued by the council. 5. GENERAL REGULATIONS. a. Height of building Maximum 40 feet Zoning Page 26 LEGAL DESCRIPTION That part of the North 386.60 feet of the South 731.48 feet of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on filer in the office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 152,467 square feet, more or less • UBC UNITED BUILDING CENTERS A Division of Lanoga Corporation October 1, 1992 Mr. Dennis L. Balyeat, Executive Director Washington County Housing and Redevelopment Authority 455 Broadway Avenue. St. Paul Park, MN $5071 Dear Dennis: The following information may be helpful to the Planning Hoard as they consider our application for a special use permit for a UBC retail store. The new facility we are planning will consist of a 7,200 sq. ft. retail and office area, and a 23,625 sq. ft. attached warehouse. We will provide a full range of building materials and services to the Stillwater area. Products will include lumber, plywood, roofing, insulation, kitchen cabinets, siding, etc. Services will include delivery, the availability of charge accounts, and assistance in the planning and design of homes, kitchens, decks, garages, room additions, etc. This will be a full service operation staffed by 10 -15 competent professionals whose primary mission will be to service the needs of both contractors and do- it- yourselfers. We anticipate that approximately 50 -100 customers will visit our center each day. We intend to provide 50 -70 parking locations for their convenience. United Building Centers has been in business in Minnesota since 1855 and has operated a retail building center in Stillwater since 1970. We are recognized by our customers, suppliers, competitors, and employees as a fair, honest, strong, and growing company. We are responsible corporate citizens and good neighbors displaying sensitivity to the community at large and to our immediate neighbors. We believe it is extremely important for a growing progressive city like Stillwater to have convenient access to a full service building material retailer which offers quality materials at competitive prices which result from the combined purchasing power of our 105 store operation. 125 West Fifth Street, P.O. Box 5550, Winona, Minnesota 55987 -0550 Telephone 507'452-2361 Mr. Dennis L. Balyeat Page two October 1, 1992 We are very excited about the possibility of our relocating to the Stillwater Commercial and Industrial Park and remain very optimistic about our business prospects in the Stillwater market. g • Sincerely, UNITED BUILDING CENTERS (a division of Lanoga Corporation) Dale Kukowski Vice President SITE PROPERTY TO SOUTH OF SITE PLANNING APPLICATION REVIEW CASE NO. V/92 -56 PLANNING COMMISSION MEETING: November 9, 1992 Project Location: 1120 North First Street Comprehensive Plan District: Residential Zoning District: RB, Duplex Residential Applicant's Name: Christopher and Julie Ann Pluth Type of Application: Variance PROJECT DESCRIPTION: Request for variance to the front and /or sideyard setback (thirty feet required, fifteen feet requested). DISCUSSION: The application is to construct a two stall 576 square foot garage at one of two possible locations. Both sites require a thirty foot setback from the streets (North First Street and Stillwater Avenue East). The preferred site requires a variance from North First Street as well as Stillwater Avenue East. • The alternative site only requires one variance to the Stillwater Avenue setback. As shown on the sketch plan, the garage door is twenty seven feet from Stillwater Avenue and there is no sidewalk along the street. No trees would be removed by either garage location. There are no other practical locations on the site to construct a garage. RECOMMENDATION: Approval of alternative garage site. CONDITION OF APPROVAL: 1. The garage shall be located so it lines up with the house to the south along North First Street (approximately seventeen feet from the front property line and approximately 15 feet off the property line along Stillwater Avenue. ATTACHMENTS Case Number =s5 Fee Paid 2U CASE NUMBER Date Filed "1/4 - /Lys PLANNING ADMINISTRATIVE FORM Street Location of Property: _1 :255- ____�,' -! U_= -_Le. __ _SfJ _ 1 - -- Legal Description of Property; E 16- of L-0"1" ., blek.L 11.E Cet-0- :ScLu ba 9c41 -176Y) Owner: Name _ 11 L e Z - - ratIL)__� Address _L1_ --S _AILI �-! _/ /led- St Phone: Lt a) C° '_2_ Applicant (if other than owner): Name Address Phone: Type of Requests. ___ Rezoning ___ Approval of Preliminary Plat Use Permit ___ Approval of Final Plat _1C Variance :__ Other Description of Request; __15 �-Z1 _Ca.0 21 . _S1_ = il, --. -r_ ]J11c tk. J_Z.& ' ._ Eact.6GA2T-t icr3J- T - Signature of Applicant(7= �=�`�`_��f CSC. Date of Public Hearing: NOTE: Sketch of proposed property and structure to be drawn.on back -of us form or at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on (date) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions; Comments; (Use other side), rre 4 NO GAPAGES 1852 COMO AVENUE NAME ST. PAUL, MN 55108 et by 13 -17 Legal Description Lot BIk Add'n Value T.ype Const. ra-M w WORK ORDER Win" eta. n HOME PHONE. '0 BUS. PHONE. JOB ADDRESS I I 2.0 /�J 15 .54 �%� '` " "" _ " - S BLDG CODE AREA f:'ilt,,,A, SALESMAN. M Pv.iy.e ` SLAB: CigBy SUSSEL ❑ By Owner Approx ❑ In 2- STARTINGIPOINTS ONLY SPL S SSPL R.P.L. Alley House F. Street Other IS- I PL CONTRACT DATE_ 4)444 %12E '.241 -2-4 L.4097Z16., FOR OFFICE USE ONLY Slab Blocks D W ABU Blks. Delivery S W Sod Remove; Watersrstof Ftg Sand Fill Back Fill Re -bar Other TOTAL Square With 591— 0 Sod Rem. - By 54 A.B.U. F "K' AD 0 Grade Point ❑ Conduit y____ 1/Blocks: UBy Owner Ny Sussel ❑Wtr.proof: ❑By Own. ❑By Sus. ❑ Backfill: ❑By Own. ❑By Sussel ixMaintainir Total Wall Height luding Blocks OR intain 8' Wall Height on Top of Blocks Block Size flop course) ❑ 8" ❑ 4., Wall Height other than 8' 0 ❑ O ❑ ❑ Existing garage: No CJ Detached [_ I Attached Yes .J Size of existing: x Existing garage will be: ❑ Left as is ❑ Converted to L.S. - By owner ❑ Removed By: Owner ❑ Sussel ❑ Junk Must Be Removed By Owner 0 ❑ es visible - ❑ Yes ❑ No ey available - ❑ Yes ❑ No Special instructions from owner: - ACCESS ❑ Good ❑ Fair ❑ Poor PURCHASER'S INITIALS- " r PLANNING APPLICATION REVIEW CASE NO. V/92 -56 PLANNING COMMISSION MEETING: November 9, 1992 Project Location: 1120 North First Street Comprehensive Plan District: Residential Zoning District: RB, Duplex Residential Applicant's Name: Christopher and Julie Ann Pluth Type of Application: Variance PROJECT DESCRIPTION: Request for variance to the front and /or sideyard setback (thirty feet required, fifteen feet requested). DISCUSSION: The application is to construct a two stall 576 square foot garage at one of two possible locations. Both sites require a thirty foot setback from the streets (North First Street and Stillwater Avenue East). The preferred site requires a variance from North First Street as well as Stillwater Avenue East. The alternative site only requires one variance to the Stillwater Avenue setback. As shown on the sketch plan, the garage door is twenty seven feet from Stillwater Avenue and there is no sidewalk along the street. No trees would be removed by either garage location. There are no other practical locations on the site to construct a garage. RECOMMENDATION: Approval of alternative garage site. ATTACHMENTS PAC NJ CASE NUMBER Caso Number Fee Paid 10 Date Filed l')/'1-///.1-- PLANNING ADMINISTRATIVE FORM Street Location of Property; 1 - -- Logal Doscription of Property: El hf)_ 0+ LO+ 7 Pk _ 11.E Cat (4:50.101.63bt/ j. Owner: Name _ i. lZ Ql i2 -_t LLE Address _L(. _. j i.Chtnt. J V 5t Phone: La) 30_L7___ Applicant (if other than owner); Name ..'zftY) (-) Address Phone: Typo of Request:. ___ Rozoning ___ Approval of Preliminary Plat _••• Spociai Use Permit ___ Approval of Final Plat Variance ___ Other Description of Request: LI, f1z.. 1Ec _ .__ 1 (iatkrjev>ut.._ ' -- 1 i CLj6 LGA2 jli Sirs+ 5't1'f t - Date of Public Hearing: NOTE: Sketch of proposed property and structure to be drawn.on back- onlls;iorm or at- tached, showing the following: Signature of Applicant: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the (d te) following conditions: Comments: (Use other side), liiv4 a GAPAGES 1852 COMO AVENUE NAME ST. PAUL, MN 55108 •it by i3-b Legal Description Lot BIk Add'n Value Type Const. J ftA n.c WORK ORDER j111�C n" Vs.)--VA • HOME PHONE: A130 --.304:77 BUS. PHONE' JOB ADDRESS 112-0 1i' IS a S-4 7_ -C-A+/ J BLDG CODE AREA S 1.111.,) 's / ra" SALESMAN M ` CONTRACT DATE_ / /647SIZE LL- t�J97? -4 SLAB: I.By SUSSEL O By Owner Approx ❑ In 2•STARTINGIPOINTS ONLY SPL S SSPL R.P.L. Alley House F. Street t Other 1 S fP FOR OFFICE USE ONLY Slab Blocks 0 W ABU Blks. Delivery S W Sod Removal __ Waterj of Ftg Sand Fill Back Fill Re -bar Other TOTAL ligt Square With _4P L- ❑Sod Rem. - By $A.B.U. F""- A1 Et Grade Point ❑Conduit __ _ Blocks: UBy Owner [y Susses ❑ Wtr.proof: OBy Own. OBy Sus. O Backfiil: OBy Own. OBy Sussel 4 Maintain9' Total Wall Height icluding Blocks OR aintain 8' Wall Height on Top of Blocks Block Size (Top course) 08" l 6" 04" Wall Height other than 8' 0 O O ❑ O Existing garage: No [J Detached [1 Attached Yes _J Size of existing, Existing garage will be: O Left as is D Converted to L.S. By owner n Removed By: Owner 0 Sussel 0 Junk Must Be Removed By Owner "kes visible - 0 Yes ❑ No ey available - 0 Yes 0 No Special instructions from owner: - ACCESS ❑ Good ❑ Fair O Poor PURCHASER'S INITIALS- STILLWATER PLANNING COMMISSION MINUTES Date: October 12, 1992 Time: 7 :00 p.m. Members Present: Gerald Fontaine, Chairman Angela Anderson, Gene Bealka, Duane Elliott, Gary Funke, Rob Hamlin, Don Valsvik, and Darwin Wald Steve Russell, Comm. Dev. Director Ann Pung - Terwedo, City Planner Absent: Glenna Bealka APPROVAL OF MINUTES The minutes of September 14, 1992, were corrected as follows: Page 1, Case No. V/92 -38, should state that Gene Bealka opposed, rather than Glenna Bealka. Page 3, Case No. SUP/92 -49, fourth paragraph - Mr. Elliott stated that spray paint would not be an adequate temporary parking control measure and asked that this be deleted from the minutes. Motion by Don Valsvik, seconded by Darwin Wald to approve the minutes of September 14, 1992 as corrected. All in favor. pUBLIC HEARINGS 1. Case No. V/92 -44 - A Variance to the sideyard setback requirement (8.32 feet requested, 10 feet required) and to the rearyard setback requirement (15.35 feet requested, 25 feet required) for the construction of two duplex structures on Lots 16 & 17, and 18 & 19, Block 1, Forest Ridge Addition ( Eastridge Court) in the RB, Two Family Residential District. Allen Rose, Applicant. Jim Blichfeldt presented the case on behalf of Mr. Rose. Mark Kemper, the surveyor and engineer for Mr. Blichfeldt was also present. This case was continued from the September 14 meeting. The applicant has submitted three alternative building place- ments: Option 1, the original plan, which is nine feet into the rearyard setback; option 2 is 4 1/2 feet into the rearyard set- back and 4 1/2 feet into the frontyard setback; and Option 3 which is approximately 9.9 feet into the frontyard setback. A neighbor, Roger Wohlers, 1933 Eastridge Court, also submitted an alternative plan at the last meeting. The distance between the garage and curb is 27 feet at its shortest point on Option 3. Mr. Russell stated that 20 to 25 feet is required for a driveway. 1 Stillwater Planning Commission Minutes October 12, 1992 Mr. Kemper stated that since the lots drain to the rear, Options 2 or 3 are the better alternatives. In answer to a question from Mr. Wohlers, Mr. Kemper determined that the new building would be approximately 3.1 feet farther back than Mr. Wohler's house. Mr. Elliott stated that it appears the rearyard setback is more important than the front in this case, and that the building could be moved up even further in order for the backs of the homes to line up. Mr. Russell stated that the building should not be placed any closer than 25 feet from the curb. Mr. Wohlers asked that the Commission consider requiring the building be built one to one and a half feet further to the front than Option 3 shows. He stated that this would also make the neighbor to the rear happier. Mr. Bealka stated that he feels any members of the Commission who have not made a physical inspection of the property should not vote on the case. He also stated that he would prefer to abstain from the vote because he is acquainted with both parties. Mr. Funke stated that he would like to see the case tabled until the site could be staked and the Planning Commission could see the results. Mr. Kemper stated that the drawing actually shows it better than it could be seen on the site. Mr. Fontaine closed the public hearing. It was determined that Mr. Bealka cannot abstain because he took part in the discussion. Motion by Gary Funke to table the Variance request in order for the site to be staked, according to Option 3, so that the Planning Commission, along with Mr. Wohlers and the contractor, can view the site. Seconded by Gene Bealka. Mr. Blichfeldt objected to the motion and stated that the applicant has provided three different conceptions which has cost him $700 up to this point. The vote was taken and the motion was defeated 3 -5. Don Valsvik made a motion to accept Option 3 with two conditions of approval: that the building be moved forward another foot, a total of 10.09 feet into the frontyard setback; and that the four corners be staked prior to the City Council meeting in order for the Councilmembers to view the site before making a decision. Seconded by Duane Elliott. All in favor. 2. Case No. SUP /92 -48 - A request to use a public right -of -way for a driveway access to a residential lot. The property is located south of Interlachen Drive and east of Maryknoll Drive in the RA, Single Family Residential District. Dave Wanless, owner of the property, presented the request. • • Stillwater Planning Commission Minutes October 12, 1992 There was a considerable amount of discussion regarding the costs of this protect for which Mr. Wanless would be responsible. Mr. Funke stated that he has had calls from neighbors wondering if they will be responsible for any assessments. Ann Pung- Terwedo stated that existing property owners would not be assessed. The Commission determined that this request is premature because the sewer situation is still in question. Motion by Duane Elliott to table the Variance request until the City's Engineer has an opportunity to meet with the applicant to discuss the sewer situation. Seconded by Gary Funke. All in favor. 3. Case No. SUB /92 -50 - A minor subdivision of a 6.33 acre site into two lots of 2.83 acres and 3.50 acres. The site is located west of Washington Avenue and south of West Orleans (the east 1/2 of Outlot A) in the BP -I, Business Park Industrial District. • Bill Pauley presented the case. The Commission had no objections. Motion by Don Valsvik, seconded by Gary Funke to approve the Minor Subdivision request. All in favor. 4. Case No. SUP/92 -52 - A Special Use Permit for the construction of a 23,625 square foot warehouse facility with a 7,200 square foot retail and office area. The property is located west of Washington Avenue and south of West Orleans Street (the east 1/2 of Outlot A, Parcel 1) in the BP -I, Business Park Industrial District. Washington county Housing and Redevelopment Authority, Applicant. Dennis Balyeat presented the request. He responded to questions from the Commission regarding the exterior of the building that he was not sure at this time what exterior materials would be used, but that it would not be a metal building. He stated that the building will cost $930,000 and will therefore be an attractive building. Mr. Russell noted that the conditions of approval require use of the guidelines in the West Business Park Plan and review of the design by the Design Review Committee. Mr. Hamlin suggested that there be a guarantee of survival of landscape plants beyond two years. Angela Anderson suggested that the proper plants be chosen which could survive during low rainfall periods. Duane Elliott noted the two letters received by the City Engineer Stillwater Planning Commission Minutes October 12, 1992 and the Transportation Engineer. Steve Russell stated that these comments will be incorporated into the plans according to Condition No. 4. Don Valsvik made a motion to approve the Special Use Permit with four conditions. Darwin Wald seconded. All in favor. Rob Hamlin made a motion that the previous request be amended by adding a fifth condition of approval: A five -year guarantee of survival of landscaping plants. Seconded by Gene Bealka. Motion failed 4 -4. OTHER BUSINESS Lowell Park Plan Ann Pung- Terwedo reported that on July 28, the Council directed Staff to continue work on a Lowell Park Concept Plan which was approved at that time. The Park has been studied from the Andiamo location to Mulberry Point. Ann reviewed the details of the Plan. Motion by Rob Hamlin, seconded by Duane Elliott to approve the Plan as presented. All in favor. $ pecial Event Ordinance Mr. Russell asked for two members of the Planning Commission willing to serve on a subcommittee to study a Special Event Ordinance. Gene Bealka and Darwin Wald volunteered. Bruce Brillhart of the Ann Bean House was present and stated that he would be willing to serve as a representative of the Bed and Breakfast owners. Outline of Comprehensive Plan Update Work Program Mr. Russell asked the members to think about issues that should be addressed in the Comprehensive Plan to discuss at the next meeting. He presented slides showing aerial views of City locations to be included in the Plan. ADJOURNMENT The meeting adjourned at 9:10 p.m. Submitted by: Shelly Schaubach Recording Secretary • i1twater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 1992 SUBJECT: FORMATION OF WEST JUNIOR HIGH REUSE TASK FORCE. The Stillwater Junior High School Reuse Study previously presented to the City Council recommends formation of a West Junior High Reuse Task Force to determine the future of the school building. (The Strategic Plan Section of the Reuse Study is attached.) The Strategic Plan recommends forming a Task Force with broad community representation. The Task Force should have representation from the local government, private non - profit organizations, local businesses, neighborhood residents and representatives from philanthropic organizations that may be interested in assisting with the financing of the building renovation. • The purpose of the Committee would be three fold: 1. Identify future uses of the facility. 2. Develop renovation plans for the uses, including cost estimates. 3. Develop a financing plan identifying sources of funds to pay for renovation and operating costs. The Task Force could also consider interim uses of the building between June 1993 when the school closes and July 1, 1994 when a final decision on reuse is made. The composition of the Task Force is a key to the success of the study. From the Preservation Alliance Study interviews, prospective Task Force members were identified. Since the Preservation Alliance Study, other members of the community have expressed interest in the reuse of the school and membership on the Task Force. It is recommended the City Council Economic Development Committee (Ann and Gary) work with Staff and representatives of the School District to identify members of the community that are interested in serving on the Task Force. The City /School Committee would come back to the Council with recommendations regarding Task Force membership. The City Planning Department will Staff the Task Force. Consultant assistance will be necessary to prepare architectural plans and cost estimates for the CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 building renovation. It is estimated that $20,000 - $25,000 will be necessary to prepare the reports. Assistance for the study costs will be requested from the School District, CUB and a local foundation as well as the City. RECOMMENDATION: Direct Staff to work with Council, Committee and School District to identify Task Force members and funding for the study. ATTACHMENT: Strategic Plan - Junior High Reuse Study. • • Strategic Plan Stillwater Junior High School Reuse Study September 1992 - August 1993 The consulting team recommends that the Stillwater School District and the City of Stillwater adopt a strategic plan to be implemented during the 1992 -93 school year, the last year the East and West Wings are scheduled to be used by the district. Such a plan, which should give decision - makers ample time to - thoroughly consider the reuse potential of this historic commu- nity resource, is critical before making any, final decisions about the disposition of the West Wing. Although the findings and conclusions reached by the consulting team, based on the best information available at this time, sug- gest there may be a range of adaptive reuses of the property and . therefore preservation is warranted, clearly more study is.needed before proceeding with a project-At a minimum, the district and the city need architectural plans of the current structure and any proposed renovations, construction cost estimates, operating cost projections, commitments from potential users, and commit- ments from financing sources. A well- conceived and executed strategic plan ought to provide this type of information and give the district and the city a solid basis for a final decision. The West Wing circa 1928 Stillwater Junior High School Reuse Study At the core of the strategic plan would be a special task force comprised of representatives of a cross- section of the community. The interviews conducted by the consulting team revealed a strong interest in preserving the buildings among a wide range of local groups and individuals. Some noted that this may be an opportu- nity for a unique cooperative undertaking. To facilitate cooperation and investment in the project by the many elements of the Stillwa- ter community, the task force should include representatives from the following areas: • Governmental Bodies—the school district, the city, Wash - ington County, the Housing and Redevelopment Authority and other appropriate governmental agencies; • Private, Nonprofit Organizations— United Way, Red Cross, St. Croix Arts Task Force, philanthropic foundations, Stillwa- ter Area Economic and Development Corporation, and other interested organizations; •. Business —Cub Foods, mortgage bankers and others with financial expertise, real estate and tax lawyers, architects, educators, local merchants, real estate brokers and local corporations; and • Neighborhood Residents The mission of the task force would be to compile and analyze information about the possible adaptive reuse of the facilities and to make recommendations to the school district and the city. The task force should include enough members to provide broad repre- sentation and to reasonably allocate the work load and yet not be so large as to be unwieldy. The task force ought to have access to clerical staff as well as the city's economic development staff and a budget sufficient to retain design and real estate professionals to help complete its work. 34 Stillwater Junior High School Reuse Study The specific steps to be taken under the strategic plan could be as follows: September 1992: School district and city select special tax force members, set task force budget and schedule meetings for the next 12 months. October 1992: Task force retains architect to provide information required in determining appropriate adaptive reuse of facilities; architect's first job would be to prepare "as- built" plans of the facilities and three- dimensional working model; architect's next job would be to determine cost of general building code compliance, particularly handicap accessibil- ity and environmental clean-up. November - December 1992: Task force reviews various reuse alternatives, identifying costs and benefits of each approach and how it might be financed; task force makes preliminary findings as to the optimum reuse option and submits written report to the school district and the city. " January 1993: Task force presents preliminary findings in a "town meet- ing" format with the public invited to comment; presentation should include enough graphic materials, including functional diagrams and an architectural model of the proposed reuse, to permit the public to "see" the project; presentation should also include a report on the feasibility of financing the project. February - April 1993: Task force incorporates changes to plans for reuse based on public input and prepares package of materials on project for presentation to potential users and funders; presentation materials should include reasonably detailed plans, architec- tural model, construction cost estimates, projected operating costs, and annual/monthly cost to users; task force seeks preliminary commitments from users and funders. Stillwater Junior High School Reuse Study May 1993: Task force presents to the school district and the city a written report on feasibility of optimum reuse project, including preliminary commitments from potential users and funders; the school district and the city decide whether project is acceptable and, if so, on what terms and conditions. June - August 1993: Task force, with the help of the city's-economic development staff, seeks to secure final and binding commitments from potential users and sources of financing/funding; task force completes its work by submitting final report to the school district . and the city. If all goes according-to plan, by August 1993 the basic groundwork for a project should be in place. Of course, the task force is likely to encounter situations that may delay the process: for example, existing building conditions may be worse than anticipated; key Alb potential users may drop out changes in the tax laws may require rethinking the proposed financing structure. However, there is also the possibility that a consensus on adaptive reuse may emerge early on in the process, accelerating the above schedule, and leaving more time to deal with the inevitable problem areas. The key is to set concrete and reasonably attainable goals for the task force and then let the task force take the lead.■ 36 • ENGINEERS ■ ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MN 55110 -5108 612 490 -2000 800 325 -2055 November 5, 1992 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 RE: Stillwater, Minnesota Highlands of Stillwater Phase 3 Utilities and Streets L.I. 289 SEH File No. 93156 Dear Mayor and Council Members: The City has received a petition for the construction of City improvements to serve the third phase for Highlands of Stillwater in the western part of the City. The petition was presented by the owner of all of the property within the improvement area. The owner also waived the Public Hearing requirement and waived the right to appeal. However, to proceed with 429 Statutes for assessments, a feasibility report is required. This letter will serve as the required feasibility report. The petition was for the extension of existing streets and utilities in the Highlands of Stillwater 3rd Addition. The project therefore consists of the extension of sanitary sewer, watermain, services, storm sewers and streets. The sanitary sewer extension will consist of connecting to existing stubs constructed as a part of the Phase 2 Improvements and extending at minimum grades. Four inch services will be constructed to each lot. The watermain improvements will also connect to existing stubs and extend, maintaining a minimum of 8 feet of cover. One inch water services will be extended to each lot. Street construction will consist of the typical City standard for streets, a 32 foot width and mountable concrete curb and gutters. Cul -de -sacs with 45' radius will be constructed at the end of each street. A 5 foot concrete walk will be constructed along the westerly side of the northerly most street to provide a safe pedestrian path to the school located to the north. The storm sewer construction will consist of the southeasterly extension of the existing storm sewer system. This system will serve the future 4th, 5th and 6th additions. Catch basins will be SHORT ELLIOTT HENDRICKSON INC. Si CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI Honorable Mayor and City Council • City of Stillwater November 5, 1992 Page No. 2 constructed to pick up backyard runoff. A catch basin structure will also be constructed to pick up runoff from the southerly cul- de -sac. The total estimated cost for the Highlands of Stillwater 3rd Addition Improvements is $215,557 and is broken down as follows: 1) Street $ 74,463 2) Sanitary Sewer 35,355 3) Watermain 36,619 4) Storm Sewer 69,120 Total $215,557 These costs include 35% for contingencies, engineering, fiscal, administration and legal costs. Attached is a copy of the engineers estimate. Under the Phase 2 Improvements (L.I. 276), $23,602.36 was assessed against the Phase 3 property for storm sewer improvements. • Estimated 1993 payments will reduce the amount to reapportion to approximately $21,242. The storm sewer to be constructed in Phase 3 will benefit the remaining Phases 4, 5 and 6. These storm sewer costs are therefore proposed to be spread over these remaining phases based on the area of runoff contributing to the system. Based on spreading the storm sewer costs over the remaining phases and assessing the remaining project costs over the 27 lots, the estimated per lot assessment for the 3rd Addition is $6,135.69. In addition, there is an estimated reapportionment of $786.75 per lot for the 1992 Storm Sewer Improvements previously assessed. Attached is a breakdown of the proposed assessments and a Mock Assessment Roll. The project is feasible and should be constructed as described above. BCP /bcp attachments • Sincerely, Barry C. Peters, P.E. • Honorable Mayor and City Council Stillwater, Minnesota January 16,1992 I hereby certify that this Report was prepared by me our under my direct supervision and that I an a duly Registered Professional Engineer under the laws of the State of Minnesota. (jJ Date: NIJ .5 /6 9Z REVIEWED BY: REG.NO. 14148 DATE: • • BID TABULATION STILLWATER, MINNESOTA HIGHLANDS 2 ND. ADD. L.I. 276 SEH FILE NO. 92059 STREET ITEM INLAND UTILITY EST. UNIT UNIT OUANT. PRICE TOTAL 1 MOBILIZATION LS 1 2,500.00 2,500.00 2 REMOVE END OF ROAD SIGNS EA. 2 25.00 50.00 3 TOPSOIL BORROW (LV) C.Y. 100 6.00 600.00 4 SUBGRADE PREPARATION RD.STA. 8.5 75.00 637.50 5 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 1645 8.00 13,160.00 6 TYPE 41 WEARING COURSE TON 460 21.00 9,660.00 7 TYPE 31 BINDER COURSE TON 460 20.00 9,200.00 8 BIT. MATERIAL FOR TACK GAL 190 1.50 285.00 9 6' CONCRETE WALK S.F. 3100 2.00 6,200.00 10 D418 CONC. CURB & GUTTER L.F. 2050 5.00 10,250.00 11 ROADSIDE SEEDING ACRE 0.6 250.00 150.00 12 SEED MIXTURE 500 LBS. 30 3.50 105.00 13 SODDING S.Y. 1000 2.00 2,000.00 14 MULCH MATERIAL TYPE 1 TON 1.2 250.00 300.00 15 DISC ANCHORING ACRE 0.6 100.00 60.00 ESTIMATED STREET CONSTRUCTION 35% ENG., LEGAL, ADMIN. ESTIMATED STREET PROJECT SANITARY SEWER 55,157.50 19,305.13 $74,462.63 16 CONNECT TO EXISTING SAN. SEWER EA. 2 200.00 400.00 17 STANDARD MANHOLE EA. 5 1,000.00 5,000.00 18 8'x4' PVC WYE EA. 27 75.00 2,025.00 19 8' PVC SAN. SEW. 12 -14' L.F. 822 12.00 9,864.00 20 EXTRA DEPTH MANHOLE L.F. 20 75.00 1,500.00 21 4' PVC SERVICE L.F. 900 6.00 5,400.00 22 COURSE FILTER AGGREGATE TON 200 10.00 2,000.00 WATERMAIN ESTIMATED SANITARY SEWER CONSTRUCTION 35% ENG., LEGAL, ADMIN. 26,189.00 9,166.15 ESTIMATED SANITARY SEWER PROJECT $35,355.15 23 CONNECT TO EX. WATERMAIN EA. 2 200.00 400.00 24 6' GATE VALVE & BOX EA. 2 300.00 600.00 25 1' CORPORATION STOPS EA. 27 100.00 2,700.00 26 V CURB STOP & BOX EA. 27 75.00 2,025.00 27 HYDRANT EA. 4 1,000.00 4,000.00 28 6' DIP WATERMAIN L.F. 900 12.00 10,800.00 29 V COPPER L.F. 1000 6.00 6,000.00 30 DIP FITTINGS LBS 300 2.00 600.00 ESTIMATED WATERMAIN CONSTRUCTION 27,125.00 35% ENG., LEGAL, ADMIN. 9,493.75 ESTIMATED WATERMAIN PROJECT $36,618.75 STORM SEWER 31 CONNECT TO EXISTING STORM SEWER EA. 1 250.00 250.00 32 12' RCP STORM SEWER CL. IV L.F. 160 21.00 3,360.00 33 36' RCP STORM SEWER CL. IV L.F. 675 60.00 40,500.00 34 CONSTRUCT CATCH BASIN /MANHOLES EA. 5 1,200.00 6,000.00 35 CASTING ASSEMBLIES R3067 EA. 2 220.00 440.00 36 CASTING ASSEMBLIES R1733 EA. 1 250.00 250.00 37 CASTING ASSEMBLIES R2574 EA. 2 200.00 400.00 ESTIMATED STORM SEWER CONSTRUCTION $51,200.00 35% ENG., LEGAL, ADMIN. 17,920.00 ESTIMATED STORM SEWER PROJECT $69,120.00 ESTIMATED TOTAL CONSTRUCTION $159,671.50 35% ENG., LEGAL, ADMIN. 55,885.03 ESTIMATED TOTAL PROJECT COSTS $215,556.53 • • • BASIS OF ASSESSMENTS STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER 3RD ADDITION UTILITIES,STORM SEWER AND STREETS L.I.289 SEH FILE NO. 93156 HIGHLANDS OF STILLWATER (UTILITIES & STREET) STORM SEWER (HIGHLANDS) STORM SEWER ASSESSMENT BREAKDOWN PER ACRE RATE STORM SEWER STREET AND UTILITIES TOTALS NUMBER OF LOTS PER LOT ASSESSMENT HIGHLANDS OF STILLWATER 2ND 19,227.17 146,436.53 $165,663.70 27 $6,135.6928 CONTRACT COST 108,471.50 51,200.00 $159,671.50 PHASES 3 4 5 6 PHASES 4, 5 & 6 OUTLOT A 49,892.83 ASSESSMENT BASIS AND RE- APPORTIONMENT OF HIGHLANDS COSTS STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER 3RD ADDITION UTILITIES,STORM SEWER AND STREETS L.I.289 SEH FILE NO. 93156 L.I. 276 ASSESSMENT TO HIGHLANDS 3RD ADDITION ESTIMATED 1993 PAYMENTS BALANCE TO ASSESS PER LOT COST ON REAPPORTIONMENT (27 LOTS) $49,892.83 35% ENG., ADMIN., LEGAL & FISCAL 37,965.03 17,920.00 $55,885.03 CONTRIB. AREAS 10.22 10.88 4.85 10.79 36.74 TOTALS 69,120.00 146,436.53 $215,556.53 $23,602.36 2,360.24 $21,242.12 $786.7453 TOTAL PROJECT COSTS 146,436.53 69,120.00 $215,556.53 INDUSTRIAL PERCENT 27.82% 29.61% 13.20% 29.37% 100.00% STORM SEWER ASSESSMENT AMOUNT 19,227.17 20,468.85 9,124.44 20,299.53 $69,120.00 $1,881.3283 • • • MOCK ASSESSMENT ROLL STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER THIRD ADDITION UTIUTIES,STORM SEWER AND STREETS L.I.289 SEH FILE NO. 93156 MOCK ASSESSMENT ROLL STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER THIRD ADDITION STORM SEWER RE- APPORTIONMENT L.I.276 SEH FILE NO. 93156 PARCEL NO. LOT BLK STORM SEWER HIGHLANDS OF STILLWATER 3RD HIGHLANDS OF STILLWATER 3RD RATE /LOT $786.75 LOTS TOTAL 11210 - 2025 11210 - 2075 OUTLOT B OUTLOT D RATE/AC. $1,881.33 RATE/LOT $6,135.69 PARCEL LOT BLK ADDFT1ON NO. OWNER AREA TOTAL LOTS TOTAL 11210 - 2000 OUTLOTA HIGHLAND OF STILLWATER GROUND PROPERTIES, INC. 26.52 49,892.83 0.00 11210 - 2025 OUTLOT B HIGHLAND OF STILLWATER GROUND PROPERTIES, INC. 0.00 14 85,899.70 11210 - 2075 OUTLOT D HIGHLAND OF STILLWATER GROUND PROPERTIES, INC. 0.00 13 79,764.01 26.52 $49,892.83 27 $165,663.70 MOCK ASSESSMENT ROLL STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER THIRD ADDITION STORM SEWER RE- APPORTIONMENT L.I.276 SEH FILE NO. 93156 PARCEL NO. LOT BLK ADDITION OWNER HIGHLANDS OF STILLWATER 3RD RATE /LOT $786.75 LOTS TOTAL 11210 - 2025 11210 - 2075 OUTLOT B OUTLOT D HIGHLAND OF STILLWATER HIGHLAND OF STILLWATER GROUND PROPERTIES, INC. GROUND PROPERTIES, INC. 14 11,014.43 13 10,227.69 27 $21,242.12 • PROJECT LOCATION ,1 . r7 A IIIMI11.::111nMIIin: 0 :11111fA1111n :rnomlllln u anxn�m F1130 ME —Tr ki UM Ill I `1111: ME EMU I ia AIM 181 ill 1E ALT. :11111qIaII::1ryry��I :III IL• IInIAIn11::lltl1::II I : ;III I • IINI, 1 it" 14144441742, 41" =el AO nndHn A limp ei, =p1 1 qn ;ui i' �c7 1 11 Iq' i_Igli At iF j�..l }� I A:* AAA tt IMIL I11_...dO Ji.F xua airs eb - HIIII - Ell Ell I1 I • vO lINaH � H � i mit H. ME alt.: one ar / • L -- - .NI :Iilla IINI t n r•, v' : i 0M11 ._ �;P 'a�1tl :I III Et` Awl ...tr ®ppm ®® �"s !I ;� Ana Di: MI MEI awn waoA01 =gi g� r• oink �oacna PIP lin nil illag III Air — �••- -I III` ; 111' LOCATION MAP ASSEH STILLWATER, MINNESOTA HIGHLANDS 3RD ADDITION FILE NO. 93156 DWG.NO. 1 9- „ti w \ s r \\ e-/ \\ . ,.r 1� 7 \ „, N. : viz," (e):---,/rot' ... .... „ .k\- LEGEND EX. SAN. SEWER ----- EX. WATERMAIN _ ............_.__. PROP. SAN. SEWER --r-111- PROP WATERMAIN SANITARY SEWER AND WATERMAIN AL'5581 IMINEERSINARMIEMNIPLAMINS STILLWATER, MINNESOTA HIGHLANDS 3RD ADDITION FILE NO. 93156 DWG.NO. 2 LEGEND EX. SAN. SEWER EX. WATERMAIN PROP. SAN. SEWER �►—� PROP WATERMAIN t r SANITARY SEWER AND WATERMAIN DIGNEERSIIARCIMECKSIPLANNERS STILLWATER, MINNESOTA HIGHLANDS 3RD ADDITION FILE NO. 93156 DWG.NO. 3 N LEGEND EX. STORM SEWER EX. STREET EX. SIDEWALK PROP STORM SEWER PROP STREET PROP SIDEWALK 0 » STREET & STORM SEWER SEH arars.gs STILLWATER, MINNESOTA HIGHLANDS 3RD ADDITION FILE NO. 93156 DWG.NO. 4 LEGEND EX. STORM SEWER yp EX. STREET EX. SIDEWALK PROP STORM SEWER PROP STREET PROP SIDEWALK STREET & STORM SEWER STILLWATER, MINNESOTA HIGHLANDS 3RD ADDITION FILE NO. 93156 DWG.NO. 5 • M E M O R A N D U M TO: Mayor and City Council FR: Nile L. Kriesel, City Coordinator DA: November 2, 1992 RE: GIBSON TITLE PROBLEM Accompanying this memo is a letter I received from the City Attorney that pretty much spells out the problem Linda and Randy Gibson have regarding the placement of a swimming pool on City Park Land. Apparently the Gibson's relied on a City plat map to establish property lines rather than on a survey or the actual description of their property (which appears on their certificate of title). I have included a copy of the map showing the property lines prior to the vacation of Hanson Circle and part of Fairmeadows #2 and the plat map that is presently on file with the City that indicates where the property lines are for Fairmeadows #2 and #3 for your information. It would be my recommendation to either sell the portion of land (the cross hatched portion shown on the plat map) to the Gibson's contingent upon approval of T & L, Inc., or grant an easement or license to the Gibson's to allow them to retain the pool. We are trying to locate the principals of T & L and hope to do so by the meeting Tuesday night. DAVID T. MAGNUSON ATTORNEY AT LAW THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 October 29, 1992 Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 RE: Randy and Linda Gibson Title Problem Dear Nile: When Randy and Linda Gibson built their swimming pool approximately two years ago, they reviewed a map of their neighborhood that is kept in the Public Works office. The map is informational and is used to keep track of the property numbers for City use. The map indicates that Gibson's lot is 130 feet deep for approximately 60 feet of its width. The building inspectors reviewed the site and since a fence had already been constructed and the plans for the pool were for inside the fence and since the fence looked accurate according to the City Hall map, a building permit was issued and the pool constructed. When Gibson's went to refinance, however, and a title check was done, it was discovered that their lot is actually 110 feet deep. The property that they think they own was actually conveyed by T & L, Inc., to the City for park purposes. There are no ambiguities either in the deed to Gibson for their property, or in the City's deed from T & L, however, it is clear that Gibson's pool is constructed on property that they thought they owned. It seems to me the only feasible solution would be to consider the transfer of this property to the Gibson's. This solution would present three problems, however: 1. Should the property be given to Gibsons without consideration or should it be sold for its fair market value? It seems to me we could do away with consideration since the Gibson's relied in good faith on an erroneous City map. 2. The property was deeded to the City and accepted on the condition that it be used for public park purposes and related purposes. This represents a condition subsequent and could possibly prevent the City from making the conveyance without Nile Kriesel October 29, 1992 Page 2 serious legal consequences. One solution might be to obtain from T & L, Inc., a consent to a conveyance in violation of the condition. We had better hope they are still around. 3. We would be faced with going through the procedure on the sale of City land that is required by the recent resolution enacted by the Council. Perhaps this would point out to everyone involved the difficulty of having these sorts of restrictive rules on the sale of City land. If the City were to consider such a conveyance, the legal description for the deed would be as follows: All that part of Hanson Circle, heretofore vacated, lying between the easterly line thereof, being the westerly line of said Lot 17, and a line drawn parallel to and Four (4) feet easterly, measured perpendicularly, from the easterly line of Lot 2 in Block 5 of said Fairmeadows No. 2, and between the extended southerly line of said Lot 2 and a line drawn parallel to Twenty (20) feet northerly, measured perpendicularly from said extended southerly line. Please call if there are any questions. Yotrs very truly, David T. j I3agnuson DTM /sls - 145.95 -121.4 JT /94./ 51.52' • 3 96// 2400 120.63' -- -162. 4 04.54 c. 37 .7.72/C4.5 IJ� /. ,. rr� Parts of street proposed to be 1 PETITION OF T & L INC. FOR VACATION OF PARTS OF HANSON CIRCLE IN THE PLAT OF FAIRMEADOWS NO. 2 IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA TO THE CITY COUNCIL OF THE CITY OF STILLWATER, COUNTY OF WASHINGTON, STATE OF MINNESOTA: The undersigned petitioner, T & L Inc., a corporation under the laws of the State of Minnesota, represents and states as follows: 1. Said petitioner hereby proposes to be vacated all those parts of the street situated in the City of Stillwater, County of Washington, State of Minnesota, desig- nated as Hanson Circle in Fairmeadows No. 2, according to the plat thereof on file and of record in the office of the Registrar of Titles of said county, described as follows: (a) That part of said Hanson Circle described as follows: Beginning at the Southeasterly corner of Lot 1 in Block 4 of said plat and running thence Northerly along the Westerly line of said Hanson Circle to the Northeasterly corner of said lot; thence Easterly in a straight line to the Southwesterly corner of Lot 5 in Block 5 of said plat; thence Southerly along the Easterly line of said Hanson Circle to the Southwesterly corner of Lot 1 in said Block 5; thence Westerly along the Northerly line of Fairmeadows Road in said plat to the point of beginning; erly (b) That part of said Hanson Circle lying between the North/line of Lot 1 in Block 5 of said plat extended Easterly and the Northerly line of said Fairmeadows Road. 2. Your petitioner is the owner of all the property on the lines of the above described parts of said street. 3. The above described parts of Hanson Circ],e.have; never been opened 'or used for public travel or any other public purpose, are not now needed for any such purpose, and will not be needed for any such purpose if action is taken for the vacation thereof and otherwise as hereinafter set forth. L. In consideration of the vacation of said parts of Hanson Circle, if granted, your petitioner will convey to the City for public park purposes and related purposes the following described area in said plat: Lot 14 in Block 4, Lot 17 in Block 4 except the Southerly 20 feet thereof, adjoining and measured perpendicularly from the Southerly line thereof, Lots 19, 20, 21,- and 22 in Block 4, and Lots 2, 3, b, and 5 in Block 5, together with all right, title;-and interest in those parts of said Hanson Circle abutting thereon except the parts proposed to be vacated as aforesaid. Adequate public access to said park area can be provided from Crestwood Terrace in said plat over said Lots]J. and 17 in Block L. The establishment of said area as a public park and for related public purposes and the vacation of those parts of said Hanson Circle proposed to be vacated as aforesaid would enhance the taxable value of the abutting and surrounding lands, would promote the beneficial development thereof for residential and -1- .. _. i_ •,t . l .: 'I ._ ° J yea other lawful and desirable purposes, and would result in other substantial public benefits, all of which would constitute more than adequate consideration and compen- sation to the City for the vacation of said parts of Hanson Circle without further compensation. Such vacation would be in the public interest. 5. A plat of the area including said parts of Hanson Circle proposed to be vacated is attached hereto, marked Exhibit "A ", and made a part hereof. WHEREFORE, Your petitioner prays that said parts of Hanson Circle hereinbefore described be vacated without payment of any cash compensation therefor to said City. Dated November /0 , 1968. T & L INC. rson. President STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) Gordon R. Larson, being first duly sworn, deposes and says: That he is President of T & L Inc., a corporation under the laws of the State of Minnesota, the petitioner which made and signed the foregoing petition; that he has read said petition and knows the contents thereof, and that the same is true of'his own knowledge. Robe Doyle, Secretary Gordon R. Larson Subscribed and sworn to before me this /Qty day of November, 1968. Chester S. Wilson Notary Public, Washington County, Minn. My commission expires August 27, 1973. i1twater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 1992 SUBJECT: REQUEST FOR TAX INCREMENT FINANCING ASSISTANCE (TIF). The City has received a request for Tax Increment Financing assistance from the Washington County Housing Authority. The assistance would be used to purchase land in the Stillwater West Industrial Park to relocate United Home Building Center. The TIF assistance would be "pay as you go" for the remaining term of the district. The amount of assistance would be based on the increased value of property resulting from the UBC construction. In return for the TIF assistance to reduce the cost of the land, the City would receive the Downtown UBC site. This site could be used for possible retail use and /or parking. The Washington County HRA is interested in constructing housing in the Downtown. They are currently studying various locations including the UBC site west of Second Streetand the Second and Olive parking lot as housing sites. The need for additional Downtown parking is identified in the Downtown Plan and a location for additional parking indicated along Second Street. The relocation of UBC to the Industrial Park would keep UBC in Stillwater on a site that is more compatible with the use. Delivery access is better and customer parking would be convenient. RECOMMENDATION: Direct Staff and the Council Economic Development Committee (Ann and Gary) to work with the Washington County HRA on the specific terms of TIF assistance. ATTACHMENT: Preapplication for TIF assistance. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 OCT-29-92 T H U 1 1: 1 7 D D C CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING P. 03 (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called "City ") and a corporation organized under the laws of the State of (hereinafter called "Developer "). WITNESSETN: ., 1 11 • • 1 Mthnecnta_ (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act ") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out -of- pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and /or public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City df Stillwater, Minnesota, this day of 1989. CITY OF STILLWATER Wine Abrahamson, ayor OCT-29-92 T H U 11:17 D D C P.04 CITY OF STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: Washington County Housing & Redevelopment Authority Address: 321 Broadway Avenue, St. Paul Park, MN 55071 Telephone number: (612) 458 -0936 Name of contact person: Dennis L. Bal eat REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. 6. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employees and agents. SIGNATURE Applicant's signature Date 10 -29 -92 ADDENDUM 2 GENERAL DESCRIPTION OF PROJECT The proposed development consists of a 24,500 s.f. lumber storage warehouse and a 7,200 s.f. retail store and office area for a United Building Center store to be located on a 3.5 acre site on Washington Avenue (near Curve Crest Blvd.) in the Stillwater Industrial Park. A total of 71 on -site parking spaces have been included to serve the facility. It is anticipated that approximately 50 -100 customers will visit the facility each day. We would like to begin construction of the facility this fall. The total construction time is estimated to be 4 -5 months which would allow for the relocation of stock from the current downtown location to the new facility over the winter months. ADDENDUM 3 LAND USE DESIGNATION AND ZONING The purpose of the Business Park Industrial District is to provide for light industrial and office uses. The proposed warehouse portion of the development conforms to this state purpose. A A "Special Use Permit" has been applied for to allow for retail sales on the site. The property is zoned • Iv AN5r Ia.C. Pa -T/1cla ff .(c� -Q. ADDENDUM 4 STATEMENT IDENTIFYING THE PUBLIC IMPROVEMENTS TO BE FINANCED The public improvements to be financed include the land and site work. • • • ADDENDUM 5 PUBLIC BENEFITS OF THE PROPOSAL The construction of the new UBC facility in the Business Park Industrial District will assist the City of Stillwater in the removal of nonconforming uses in downtown Stillwater and create potential for additional parking or development to benefit the community. Providing a new facility in the Business Park will ensure that UBC, which has operated a retail building center in Stillwater since 1970, will remain in the community. UBC anticipates that an additional three to six sales positions will be added at the proposed new location and, over time, expansion of both the retail operation and sales staff will occur. The current market value of the property is $249,500. With the construction of the new facility, the estimated increase will be $500,000. • • APPLICATION FOR PAYMENT (LUMP SUM CONTRACT) NO. 1 Owner: STILLWATER, MINNESOTA Owner's Project No. Engineer's Project No. LOCATION STILLWATER, MINNESOTA g2263 Contractor Northwestern Power Equip. Contract Date 684 Transfer Road Contract Amount $33,930.00 St. Paul, MN 55114 Contract for South Main Lift Station Pumps Application Date For Period Ending APPLICATION FOR PAYMENT PERCENT AMOUNT DESCRIPTION SCHEDULE UNIT COMPLETE EARNED LUMP SUM CONTRACT PRICE $33,930.00 L.S. $7c o $ 30 `j l 8 �` Page 1 of 2 SHORT- ELLIOTT- HENDRICKSON, INC. APPLICATION FOR PAYMENT - Continued oa Total Contract Amount $ 33,930.00 Total Amount Earned $ 3O ct ( g Material Suitably Stored on Site, Not Incorporated into Work $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ GROSS AMOUNT DUE $ 30 (8 cD a LESS % RETAINAGE $ AMOUNT DUE TO DATE $ LESS PREVIOUS APPLICATION $ AMOUNT DUE THIS APPLICATION $ .30`? [.Sc.:. CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay- ments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materi- als and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are f rei and clear of all liens, claims, security interests and encumbrances. Dated • O�3 19x0 Northwestern Power Equip. Co., Inc. or) Robert P. Shannon NOTARY PUBLIC - MIA.:ESOTA RAMSEY COUNTY My commission expires 1.6-99 By: COUNTY OF QS�� ) SS STATE OF (Yt.n _) Befo me on this o day of , 19 apersonally appeared -c) 4--'. SSG- - known to me, who being duly sworn, did depose and say that he isle ._ .a..1.,4,. of the Contractor above mentioned; that he (Office) executed the above Application for Payment and Affidavit on behalf of id Contractor; and that aii of the statements contained therein are true, corr and co /„•� s�� My Commission Expires: otary Public) The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Date Lo /30/9Z- Page 2 of By S (RT -ELL r I KSON, INC. i ii • APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) OWNER: CITY OF STILLWATER OWNER'S PROJECT NO. 92274 ENGINEER'S PROJECT NO. L.I. 282 LOCATION: STILLWATER, MINNESOTA CONTRACTOR B & D UNDERGROUND, INC. CONTRACT DATE 1351 CO. RD. 83 MAPLE PLAIN, MN 55359 CONTRACT AMOUNT $94,948.00 CONTR. FOR GREEN TWIG WAY - UTILITY AND STREET CONSTRUCTION APPLIC.DATE JO -91-9a ilkIOD END. ,-----2 DESCRIPTION APPLICATION FOR PAYMENT CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE TOTAL 1. MOBILIZATION L.S. 1 4,000.00 I,,000. crl 2. TOPSOIL BORROW (LV) C.Y. 313 8.00 3. CLEAR AND GRUB ACRE 0.8 (j.S 3,000.00 g itotl c; 4. SITE GRADING C.Y. 7315 7,3/5 2.60 /9,0/9- 00 5. AGGREGATE BASE, CLASS 5 TON 600 8.00 1O0 (100% CRUSHED) 6. TYPE 41 WEARING COURSE TON 195 „ --. 0 30.00 - , U- Cu 0 7. TYPE 31 BASE COURSE TON 195 4-3=' a 30.00 = d 8. BIT. MATERIAL FOR TACK GAL. 88 0 3.00 rg- . PAGE 1 OF 4 SHORT - ELLIOTT - HENDRICKSON, INC. APPLICATION FOR PAYMENT - Continued 13"1 r ? -74,17,0 Total Contract Amount $ /,� %DO Total Amount Earned $, Material Suitably Stored on Site, Not Incorporated into Work $ —8-- Contract Change Order No. j Percent Complete 0 $ 0 — Contract Change Order No. Percent Complete $ C) — Contract Change Order No. Percent Complete $ — GROSS AMOUNT DUE $ `714e(311{ $ 3c77Ua $:_q=3-37Y5-:7795'70/411 .; $(,S,OOS,�1 $ S' 3/-0-73-o- . CONTRACTOR'S AFFIDAVIT S42y so • LESS 5- % RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS APPLICATION AMOUNT DUE THIS APPLICATION The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay- ments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materi- als and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated 10 — 1 — , 199 B & D UNDERGROUND, INC. Contractor) COUNTY OF 14s�A.) ) SS Before me on this si5: day P.o3Exr Fazvoaq known to me, who being duly sworn, did depose and say that he is the eu,Nr,10)0_e1.1,)0n.1-- of the Contractor above mentioned; that he (Office) executed the above Application for Payment and Affidavit on behalf of sal the statements contained therein are true, correct and complete. STATE OF mom. 2. (Name an itle of a , 19,-1- personally appeared My Commission Expires: actor; and that all of ,irk?` c 08�� • • (0.r (lit: arji`Public) The undersigned has checked the Contractor's Applicatio Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Date 10/2 -3/9Z Page 4 of 4 ORT -ELLI TT HENDRICKSON, INC. By �� Y �-•- CHANGE ORDER ENGINEERS "ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MN 55110 -5108 612 490 -2000 800 325 -2055 City of Stillwater OCTOBER 20, 1992 OWNER DATE L.I.282 1 OWNER'S PROJECT NO. CHANGE ORDER NO. Green Twig Way Utilities and Streets 92274 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents Description: Revise Contract Amount to include correction of wet subgrade by placement of a Geotextile Fabric. Purpose of Change Order: 1 Subgrade Correction with Geotextile Fabric 540 SY 7.85 /SY Basis of cost nActual Attachments (list supporting documents) CONTRACT STATUS stimated 4,239.00 Time Cost Original Contract $94,948.00 Net Change Prior Change this C.O. 4,239.00 Revised Contract $99,187.00 Recommended for Approval SHORT — ELLIOTT— HENDRICKSON, INC. TITLE Distribution Barry C. Peters, P.E. Approved for Owner: By By Contractor 2 Owner 1 Project Representative 1 SEH Office 1 SHORT ELLIOTT HENDRICKSON INC. ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI • APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. 13 OWNER: STILLWATER, MINNESOTA OWNER'S PROJECT NO. L.I. 257 LOCATION: STILLWATER, MINNESOTA ENGINEER'S PROJECT NO. 89255.01 CONTRACTOR: JOHNSON BROS. CORPORATION CONTRACT DATE: June 10, 1991 P.O. BOX 1002 LITCHFIELD, MINNESOTA 55355 ORIGINAL CONTRACT AMOUNT: $4,805,202.85 CONTR. FOR: STILLWATER DOWNTOWN IMPROVEMENT APPLICATION DATE: October 30, 1992 PERIOD ENDED: October 30, 1992 JBC CITY ITEM ITEM NO. NO. DESCRIPTION APPLICATION FOR PAYMENT QUANTITY TOTAL QUANTITY TOTAL CONTRACT UNIT LAST LAST THIS THIS QUANTITY TOTAL UNIT QUANTITY PRICE PAYMENT PAYMENT PAYMENT PAYMENT TO -DATE TO -DATE 1 2021.501 Mobilization (5% Max) LS 1.0 $150,000.00 1 $150,000.00 0 $0.00 1 $150,000.00 2 2031.503 Field Office, Type D EA 1.0 7,000.00 1 7,000.00 0 0.00 1 7,000.00 3 2101.501 Clearing ACRE 0.5 900.00 0.9 810.00 0 0.00 0.9 810.00 4 2101.506 Grubbing ACRE 0.5 900.00 0.9 810.00 0 0.00 0.9 810.00 5 2104.501 Remove Conc. Curb & Gutter LF 14,935.0 1.00 14720 14,720.00 1373 1,373.00 16093 16,093.00 6 2104.501 Remove Existing Sewer Pipe LF 1,359.0 2.00 1144 2,288.00 0 0.00 1144 2,288.00 7 2104.505 Remove Conc. Driveway SY 1,299.2 4.00 1205 4,820.00 31 124.00 1236 4,944.00 8 2104.505 Remove Pavement (Conc. or Bit.) SY 22,312.0 4.00 30834 123,336.00 6809 27,236.00 37643 150,572.00 9 2104.505 Remove Concrete Sidewalk SY 12,193.0 4.00 11293 45,172.00 1548 6,192.00 12841 51,364.00 10 2104.507 Remove Misc. Concrete Structures CY 8.2 50.00 46.9 2,345.00 0 0.00 46.9 2,345.00 11 2104.507 Remove Sidewalk Vault CY 148.1 20.00 203.7 4,074.00 0 0.00 203.7 4,074.00 12 2104.509 Remove Catch Basins & Manholes EA 73.0 200.00 120 24,000.00 0 0.00 120 24,000.00 13 2104.509 Remove Light Standard Base EA 50.0 200.00 51 10,200.00 1 200.00 52 10,400.00 14 2104.509 Remove Light Standards EA 81.0 150.00 83 12,450.00 0 0.00 83 12,450.00 15 2104.521 Salvage 12" RCP Storm Sewer LF 8.0 60.00 15 900.00 0 0.00 15 900.00 16 2104.523 Salvage Casting EA 1.0 200.00 71 14,200.00 0 0.00 71 14,200.00 17 2104.523 Salvage Gate Valve and Box EA 5.0 200.00 1 200.00 0 0.00 1 200.00 18 2104.523 Salvage Hydrants EA 9.0 400.00 19 7,600.00 0 0.00 19 7,600.00 19 2104.523 Salvage 8 "x8" Tapping Sleeve EA 1.0 1,000.00 0 0.00 0 0.00 0 0.00 20 2104.525 Abandon Water Service EA 30.0 150.00 30 4,500.00 0 0.00 30 4,500.00 !Total Original Contract Amount, Change Orders and Supplemental Agreements GROSS AMOUNT DUE LESS 5% RETAINAGE AMOUNT DUE TO DATE $5,409,871.48 $ 270,493.57 $5,139,377.91 LESS PREVIOUS APPLICATIONS $5,136,053.02 ✓ Securities Premium $3,324.89 AMOUNT DUE THIS APPLICATION $ (0.00) 195,372.48 9,768.62 185,603.86 $185,603.86 $ 5,210,096.92] $ 5,605,243.96 $ 280,262.20 $ 5,324,981.76 $ 5,136,053.02 $3,324.89 = 185,603.85 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all material and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. DATED: /1 3 JOHNSON BROS. CORPORATION (CONTRACTOR) COUNTY OF STATE OF Before me on this 3& day of • f& i b depose and say that he is the Contractor, and all of the state My Commission Expires: 7- 7 98 BY: i/c Cic ZL2 (NAME AND TITLE) SS , 1992, personally appeared Gc %KiJC ,Q,elc,07` , known to me, who being duly sworn, did of the Contractor above me = ed; that heeecuted the above Application and Affidavit on behalf of said true, correct and complete. otary Public) The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Date: /l /i7q z BY SH,�:ii.LLIOTT HENDRICKSON, C. APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT)' NO. / )WNER: STILLWATER, MINNESOTA _OCATION: STILLWATER, MINNESOTA OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. 92280 :;ON7RACTOR:TAY BROS., INC. CONTRACT DATE 2209 PHELPS ROAD HUGO, MN 55038 CONTR. FOR: STORM SEWER IN THE NORTH 4TH ST. AND WEST WILKIN STREET RAVINE APPLIC.DATE // - - `72 PERIOD END. /0 -- 3/ - e2 CONTRACT AMOUNT 566,572.20 DESCRIPTION CLEAR TREE GRUB TREE REMOVE CATCH BASIN REMOVE 12" C.M.P. REMOVE CONC. CURB & GUTTER REMOVE CONC. SIDEWALK REMOVE BIT. PAVEMENT RELOCATE STONES REMOVE DEAD TREES 8" D.I.P. CL. 52 24" R.C.P. CL II 30" R.C.P. CL II DUCTILE IRON FITTINGS 30" R.C. APRON W/ TRASHGUARD 30" X 24" R.C. REDUCER 36" X 30" R.C. REDUCER CATCH BASIN DESIGN X MANHOLE DESIGN B CASTING R- 1916 -E CASTING R- 3250 -1 RANDOM RIP RAP CONC. CURB & GUTTER DES. 13618 APPLICATION FOR PAYMENT CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE TOTAL EA. 3 100.00 S 0 $ 0 EA. 3 100.00 5 0 $ 0 EA. 1 150.00 S 0 $ 0 LF. 14 5.00 5 0 $ 0 LF. 12 5.005 0 $ 0 S.F. 75 2.00 S 0 $ 0 S.Y. 7 5.005 0 $(_ LS. 1 2500.00 S O $ tL LS. 1 3000.00 S 0 $ 0 LF. 65 65.00 S 0 s 0 LF. 116 41.50 S 'So 0 $ 0 L.F. 90 53.30 S Ii5 0 $ 0 LBS. 46 5.00 S 16 8 ✓�30, 00 EA. 1 1200.00 S 0 $ 0 EA. 2 500.00 S 2 $ / i OCO , EA. 3 750.00 S �O $ 0 LF. 4.0 100.00 S I $ y Op LF. 23.8 189.00 S.g $ 20 EA. 3 500.00 S 0 $ 0 EA. 1 500.00 5 0 $ 0 C.Y. 24.3 65.00 S 0 $ 0 LF. 12 20.00 S 0 $ 0 PACE 1 OF 3 SIIORT ELLIOTT HENDRICKSON INC. 4" CONC. SIDEWALK S.F. 75 3.00 $ 0 $ 0 BITUMINOUS PATCHING S.Y. 7 25.00 $ 0 $ 0 COMMON BORROW (L.V.) CY. 2450 8.25 $ 0 $ TOPSOIL BORROW (LV.) CY. 331 16.00 $ 0 $ 0 SEED MIXTURE - SPECIAL LBS. 39 5.00 $ 0 s 0 COMM. FERTILIZER TYPE 10 -1040 LBS. 240 1.50 $ 0 $ 0 WOOD FIBER BLANKET- REGULAR S.Y. 2315 2.00 $ 0 $ 0 EROSION MAT S.Y. 156 10.00 $ 0 $ 0 BALE CHECK EA. 6 20.00 $ 0 $ 0 TOTAL $fig, 0 C? 6 (2 i 0--0 7J 1 t. Xit/,-.,,z_ • APPLICATION FOR PAYMENT - Continued 6, t a 8 Total Contract Amount $ 6 6 , 5 72.2 0 Total Amount Earned $ , •terial Suitably Stored on Site, Not Incorporated into Work $ —' O — Contract Change Order No. if Percent Complete S9% $ /91891,4,00 Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ aS; i9ti •ao GROSS AMOUNT DUE $ 2, 2 9 sr LESS S % % RETAINAGE $ bye AMOUNT DUE TO DATE $ `/, LESS PREVIOUS APPLICATION $ c) — AMOUNT DUE THIS APPLICATION $ 2--t-16•46;--70 CONTRACTOR'S AFFIDAVIT aq 6 •3 9 "tei' ' /,/ /i47: The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay- ments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materi- als and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated // — 2 • 19y,2_ Jay Brothers, Inc. (Contractor) }&(, s -mile and Titley COUNTY OF 4 t-& ) SS STATE OF tz Before e this day of /I/e to4/1.,kX , 19 7P--personally appeared knoyvn to me, who being duly sworn, did depose and say of the Contractor above mentioned; that he that he is the (office executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. ci. PUG RF:" My Commission Expires: %- ?? -- -97 (Notary Public) The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount ,ue. Y Date 11/2-//Z- Page 3 of 3 D ICKSON, INC. MN /DOT TP- 02134-03 (5/88) STATT OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT No. 12 Supp. to Contract No Sheet of 5 Contractor: • Johnson Bros. Corporation Federal Project: State Project No.: S.P. 8214 -106 S.P. 8210 -88 Address: P.O. Box 1002 Litchfield, MN 55355 -1002 Location: S.A.P. 169-106,-04 S.A.P. 169 - 104 -06 Stillwater, MN Pro. No. F.Y. Account I.D. Dept. /Div. Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Terms 000NET Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.S TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by Assistant Attorney General This contract is amended as follows: 1) WHEREAS; during construction of the elevated sidewalk on Water Street, private property owners had to install private electric services under the walk. WHEREAS; the timing of the installation of such services was critical. Two 3" conduit for parcel #10692 -2800 had to be relocated to allow for installation of 208 volt transformer to insure no delay in completion of elevated sidewalk. THEREFORE; it is agreed that the lump sum price of $441.06 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City 2) WHEREAS; during construction of the storm sewer on Chestnut Street (TH 36- 45) at the bridge, the 110 circut bridge lights were discovered to be in conflict with the storm sewer. WHEREAS; the wiring for the bridge had to be relocated. THEREFORE; the lump sum of $584.52 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100 %State 3) WHEREAS; WHEREAS; THEREFORE during winter suspension of work, lightbases installed without poles were damaged by snowplows. the anchor bolts had to be repaired before installation of light poles in four locations. ; the lump sum amount of $512.31 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% Cit APPROVED: Commissioner of Administration By APPROVED: Commisisoner of Finance By Original Contract Dated Dated i Dated Dated Dated Mayor � ` Approved as to form and execution Q-41 yL Project Engineer k 4t Contractor Dated Dated District Engineer Assistant Attorney General Agency Head Original to State Auditor — Copy to Agency MN/DOT TP- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT No. 1 2 Supp. to Contract No Sheet 2 of 5 Contractor: Johnson Bros. Corporation Federal Project: State Project No.: S.P. 8214 -106 S.P. 8210 -88 Address: P.O. Box 1002 Litchfield, MN 55355 -1002 Location: S.A.P. 169-106-04 S.A.P. 169 - 104 -06 Stillwater, MN Pro. No. F.Y. Account I.D. Dept. /Div. Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Terms 000NET Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.5 Dated Number Entered by TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) This contract is amended as follows: 4) WHEREAS; during construction of Main Street and Olive Street, the sidewalk was removed from Olive Street adjacent to parcel #10692 -3700. During a rainfall, water penetrated the foundation wall. WHEREAS; the area adjacent to this was excavated and water seal and poly was applied. THEREFORE; the lump sum amount of. $1,272.00 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City 5) WHEREAS; since an increased need for inlet capacity has been identified, it is desirable to change catch basin structure 135 from a design X to design', 4021 4 -3.5 at station 48 +45 57' lt. on T.H. 95 = 095 (Main Street) and Furthermore; since special construction technique: are required for construction, it is desirable to perform the con - struction on a time and materials basis, THEREFORE; it is agreed that the contractor will do the work on a time and materials basis, said compensation to be payment in full for all necessary materials, labor and equipment. AMOUNT FUNDING SOURCE 2506.509 C.B.135 Labor $ 532.74 25% State Design 4021 4 -35 Equipment 401.00 75% City Materials 825.88 • ITEM Subtotal $1,759.62 +15% 263.94 Total $2,023.56 APPROVED: Commissioner of Administration By APPROVED: Commisisoner of Finance By Original Contract Dated Mayor Dated /O914 -. __ "v .I.V /-jam= Approved as to form and execution Dated /o —z 7 "9 Z Prot t Engineer 1%a6 11' � 1t 7 • Dated Contractor Dated Dated Dated District Engineer Assistant Attorney General Agency Head Original to State Auditor — Copy to Agency MN /DOT TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT No 12 Supp. to Contract No. Sheet 3 of 5 Contractor: inson Bros. Corporation Federal Project: State Project No.: S.P. 8214 -106 S.P. 8210 -88 Address: P.O. Box 1002 Litchfield, MN 55355 -1002 location: S.A.P. 1'69-106-04 S.A.P. 169 - 104 -06 Stillwater, MN Pro. No. F.Y. Account La Dept. /Div. Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Terms 000NET Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.5 TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by This contract is amended as follows: 6) WHEREAS; during construction of L.I. 257, parcel #10692 -3000 developed sani- tary sewer problems. WHEREAS; because Johnson Brothers, Inc. was working in the area they were hired to bypass sewer until problem could be solved. THEREFORE; the lump sum amount of $2,601.00 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City 0 WHEREAS: during construction of Main Street at Myrtle Street, grade was raised to match existing surrounding grade. WHEREAS; the existing traffic signal had to be raised above new grade. THEREFORE; the lump sum amount of $225.18 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% State 8) WHEREAS; during winter suspension, temporary lights were installed for the Lowell Inn parking lot. WHEREAS; after resumption of work in the Spring, the temporary lighting service had to be removed. THEREFORE; the lump sum amount of $585.45 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City APPROVED: Commissioner of Administration By APPROVED: Commisisoner of Finance By Original Contract Dated Dated Dated Dated Dated Mayor lrZ9/9Z Approved as to form and execution /6-47 -91 Project ngmeer VdtiA U,t•.r<Lf Contractor Dated Dated District Engineer Assistant Attorney General Agency Head Original to State Auditor — Copy to Agency MN /DOT TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT No. 12 Supp. to Contract No Sheet 4 Contractor: Johnson Bros. Corporation Federal Project: State Project No.: S.P. 8214 -106 li S.P. 8210 -88 Address: P.O. Box 1002 Litchfield, MN 55355 -1002 Location: S.A.P. 169-106-04 S.A.P. 169- 104 -06 Stillwater, MN Pro. No. F.Y. Account I.D. Dept. /Div. Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Terms 000NET Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.S A41 Dated Number Entered by TYPE OF A40 ( ) ( ) A46 Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) ( ) This contract is amended as follows: 9) WHEREAS; the City wishes to have the overhead electric buried along Main Street from Station 43 +00 to 49 +00. WHEREAS; the feed pt. for control panel "F" of the street light system had to be changed from overhead to underground. THEREFORE; the lump sum of $786.04 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 72% City 28% State 10) WHEREAS; the three lighting type units t e A4 installed in the north Main parking lot under change order #7 had the banner bracket arms installed on the luminaire side of the pole, perpendicular to Main St. WHEREAS; the City wishes to have the banner bracket arms switched 90° to be parallel to Main Street, and therefore required sawing off pole and turning. THEREFORE; the lump sum amount of $163.44 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City 11) WHEREAS; during construction of Water and Nelson Streets, private lighting and landscaping for parcel #10692 -2275 was within City Right of Way. WHEREAS; the private lighting and landscaping had to be removed, refurbished and relocated. THEREFORE; it is agreed that the lump sum amount of $3,454.66 shall apply and be payment in full for all necessary materials, labor and equip- ment to complete this task. Funding Source: 100% City APPROVED: Commissioner of Administration By APPROVED: Commisisoner of Finance BY Original Contract Dated Ma or Dated Z Approved as to form and execution Dated la -.27-9- Project ngineer �� II Dated Contractor Dated Dated Dated District Engineer Assistant Attorney General Agency Head 'riainal to State Auditor — Copy to Agency MN /DOT TP- 02134 -03 (5/88) STATE'OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT No. 12 Supp. to Contract No Sheet 5 of 5 Contractor: •hnson Bros. Corporation Federal Project: State Project No.: S.P. 8214 -106 S.P. 8210 -88 Address: P.O. Box 1002 Litchfield, MN 55355 -1002 Location: S.A.P. 169-106-04 S.A.P. 169 - 104 -06 Stillwater, MN Pro. No. F.Y. Account I.D. Dept. /Div. Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Terms 000NET Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.5 TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by This contract is amended as follows: 12) WHEREAS; during construction of light base, storm sewer stub and catch basin on Nelson Street adjacent to parcel #10692 -4100 and 4125 parts of the bomonite sidewalk had to be removed. WHEREAS; in order to match the existing sidewalk the bomonite had to be replaced. THEREFORE; it is agreed that the contractor shall perform the work for a square foot price. Said compensation will be payment in full for all necessary materials, labor and equipment. • 142 S.F. at $13.50 /S.F. = $1,917.00 Funding Source: 100% City 13) WHEREAS; the City wishes to have exposed sidewalk and steps at station 35 +50 left side of Main Street. THEREFORE; it is agreed that the lump sum amount of $1554.00 shall apply and be payment in full for all necessary materials, labor and equipment necessary to complete this task. Funding Source: 25% S.P. 8210 -88 75% City Total Cost $16,120.22 APPROVED: Commissioner of Administration By APPROVED: Commisisoner of Finance By Original Contract Dated Ma or Dated /1L4Vf Approved as to form and execution Projyt Engineer Dated 04-7 4L 4 Kai�A�t/ - Contractor Dated Dated Dated District Engineer Dated Assistant Attorney General Agency Head Original to State Auditor — Copy to Agency DAVID T. MAGNUSON ATTORNEY AT LAW THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 October 28, 1992 Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Nile: Doug Johnson from Washington County has suggested that it would be more economical for the County to handle a joint condemnation proceeding between the City and the County for a right of way needed for construction on Neal Avenue at County Road 64 next spring. If the Council were to enact the enclosed resolution, it would ultimately save the City money, even though there would be some costs associated with the action. It is my recommendation that this resolution be enacted. Perhaps it could be set on for consideration by the Council at their next meeting. Call me if you have any questions about this. Yours very truly, David T. Magnuson DTM /sls Enclosure cc: Dick Moore, City Engineer Howard Turrentine, Washington County Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR COUNTY ROAD 64 WHEREAS, Washington County and the City of Stillwater propose to improve County Road 64 between Owens Street (CSAH 5) and Neal Avenue in the City of Stillwater and between Neal Avenue and Manning Avenue (CSAH 15) in Stillwater Township; and WHEREAS, the improvements consist of grading, aggregate base, bituminous surface and shouldering, concrete curb and gutter, construction of a bike /pedestrian pathway, and drainage structures as herein determined necessary to provide for the safety of the traveling public; and WHEREAS, the acquisition of all land, right of way, and easements over certain lands are necessary to provide for said construction; and WHEREAS, Washington County and the City of Stillwater have authority to acquire land, right of way and easements for highway purposes by eminent domain pursuant to Minn. Stat. §162.02, subd. 5; and WHEREAS, Washington County and the City of Stillwater have the right to acquire land, right of way, and easements prior to the filing of an award by the court appointed commissioners pursuant to Minn. Stat. §117.011 and §117.042; and WHEREAS, Washington County has been unable to successfully negotiate the acquisition of the following required land, right of way, and easements: See attached Exhibit "A" (Purdy /Ash Property) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater hereby authorizes the joint City /County acquisition of the property interest by eminent domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioners pursuant to Minn. Stat. §162.02, subd. 5, §117.011 and S117.042; and BE IT FURTHER RESOLVED that the Washington County Attorney is requested to file the necessary petition therefor and to prosecute said action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or the Court, and that damages be apportioned between the City and the County by the commissioners and upon completion the City shall acquire title to portions of the property not required for County Road 64. Enacted by the City Council of the City of Stillwater this day of , 1992. ATTEST: Mary Lou Johnson, Clerk • Wally Abrahamson, Mayor SENT BY :WASHINGTON COUNTY ;10 -28 -92 ; 17 :02 ; PUBLIC WORKS 8124395641;# 4 ,0 1 CONDEMNATION INFORMATION ON PURDY /ASH PROPERTY Acquisition 307 square feet of New Right of Way Along Neal Avenue Summary: 22,334 square feet of Temporary Slope Easement on Neal Avenue Legal Description of Highway Easement: That part of the El of the NEi of the SEI of Section 19, Township 30 North, Range 20 West, lying north of the presently existing railroad right of way, described as follows: A 30 foot perpetual easement for roadway purposes over, under, and across said described property, lying easterly of a line being 30 feet westerly of and parallel with the following described line: Beginning at a point on the easterly line of said SE'i, said point being 1,887.23 feet northerly of the Southeast Corner of said Section 19 as measured along said easterly line; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 300 feet and a central angle of 15 degrees, a distance of 78.32 feet; thence continuing tangent to said curve a distance of 36.91 feet; thence northeasterly along a tangential curve, concave to the northwest, having a radius of 300 feet and a central angle of 15 degrees a distance of 78.32 feet and there terminating. Legal Description of Slone Easement: The East 60 feet of the NE* of the SE+ of Section 19, Township 30 North, Range 20 West, Washington County, Minnesota, lying Northerly of the northerly right of way of the MTM Railroad; except existing and new Neal Avenue Right of Way. Said slope easement shall begin November 1, 1992 and expire October 31, 1994. Fee Owners: Richard E. Purdy and Maureen M. Ash, husband and wife N. 7659 - 950th Street River Falls, Wisconsin 54022 Mortgagee: None Exhibit "A" LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 92 -231 Ahrens, Robert S. American Linen Supply Bailey, Charles Bell, Timothy B & D Underground Blevins Concessions Browning Ferris Industries Brown's Creek Watershed Bryan Rock Products Burmaster, Russell Capitol Communications Courier, The Croix Oil Company Crysteel Distributing Cub Foods Davis Water Equipment Co. Deblon, Diane District 2 Yearbook Ecolab Pest Elimination Equipment Supply Inc. ESS Brothers & Sons Fred's Tire Frito - Lay Fritz Company Glaser, Paul W. Goodwill Industries Goodyear Auto Service Gordon Iron and Metal Grindstone G. & K. Services Images of Past & Present Intoximeters, Inc. J. P. Cooke Company K - Mart Kolliners Kriesel, Nile Lakeview Hospital Lawson Products Lee Scheller Tapping Lily Lake Imprest Fund Lind, Leslie and Gladys Magler, Jeffrey Magnuson, David MWCC Metz Baking Midwest Vending Wholesale Mn. Cellular One Mn. Conway Fire & Safety Motorola, Inc. Mn. PELRA Northern States Power Co. Ice Knives Sharpened Towel Service Sidewalk Work Reimburse -Meal Payment No. 2 Concession Supplies Portable Rentals Stillwaters Budget Sha Rock -Aiple Job Janitor Service Install Radio Publications Motor Oil 1992 Ford Truck Dish Soap Plastic Pipe -Sewer Rep Health Insurance Advertisement Pest Control Service Contracts 3 Catch Basins 1 Tire Concession Supplies Concession Supplies Boiler Engineer October Expenses 10 Snow Tires 200 Sign Posts Ice Knives Sharpened Uniform Rental Processing Slides Supplies Dog Tags Film /Batteries Shirt - Miller Reimburse- Expennes Class - Stender Nuts /Washers Tapping Sewer Main Reimburse Petty Cash Land Purchase Reimburse -Meal Legal Services SAC Charge Concession Supplies Concession Supplies Mobile Telephone Recharge (4) Service Agreement Membership Electrical Services $ 30.00 77.30 1,840.00 6.07 5,424.50 165.70 192.52 re 1,007.00 317.69 120.00 161.77 1,160.30 203.17 24,974.25 17.75 air 2,089.66 219.23 100.00 218.33 1,394.17 763.61 104.27 76.23 968.40 200.00 606.75 547.84 639.00 52.00 851.69 23.96 364.23 55.53 40.29 26.40 41.65 95.00 77.35 1,695.00 56.77 927.00 6.32 12,751.20 93.60 450.10 96.24 57.26 267.00 125.00 15,500.00 Northern States Power Co. Northern States Power Co. North Star Turf Northwestern Power Equipment Northwestern Tire & Battery Otis Spunkmeyer Pepsi Cola Company Road Rescue St. Croix Animal Hospital St. Croix Car Wash St. Croix Outfitters Short Elliott Hendrickson Short Elliott Hendrickson Sievert, Arthur Stafford, R. H. Washington County Treasurer Stillwater Book & Stationery Stillwater Ford Stillwater Motor Stillwater Sunrise Rotary Suburban Propane Superintendent of Documents T. A. Schifsky & Sons Thompson Hardware Company Tower Asphalt Twin City Testing United Building Centers Valley Auto Supply Viking Office Products Wall Street Journal Wardell, Leslie Warning Lltes Wybrite, Inc. MANUAL CHECKS- OCTOBER Blue Cross /Blue Shield Firstar Stillwater Bank Junker Sanitation Service Mn. Department of Revenue North Star Concrete Postmaster St. Croix Valley Heritage Coalition Stafford, R. H. Washington County Treasurer Stafford, R. H. Washington County Treasurer Twin City Testing U. S. Customs Energy Charge Street Lighting 4 Sets Belts Payment No. 1 Anti - freeze /Alignment Concession Supplies Concession Supplies First Aid Kits & Supplies September Charges Squads Washed Jackets /Sweatshirts Engineering Engineering Reimburse -Meal Property Listings Office Supplies Repair Transmission Auto Parts Dues Propane Subscription Balcktop Supplies Blacktop Soil Testing Supplies Auto Parts Office Supplies Subscription -2 Years Reimburse -Meals Barricades Maintenance Contract October Billing Oak Glen Note October Payment Sales Tax Catch Basin Postage for Meter Conference - Russell License Tabs Recording Fees Soil Testing Customs Duty -City Pins 12.56 9,522.89 206.93 30,918.02 317.56 228.00 312.00 546.82 279.74 39.08 197.96 23,272.80 13,541.33 5.10 447.78 183.74 52.01 29.41 95.00 102.12 26.00 581.71 100.93 1,994.10 1,000.00 3.20 577.86 120.70 238.00 11.46 42.12 195.00 3,113.86 11,756.88 69,700.00 287.99 488.04 1,000.00 90.00 17.00 90.00 994.00 52.85 ADDENDUM TO BILLS Election Judges A T & T A T & T Bd. Water Commissioners Cleansoils, Inc. Copy Duplicating Products Croixland Excavating Dauffenbach, Larry Gannon's Auto Body Jay Bros., Inc. Johnson, Mary Lou Johnson Bros. Junker Sanitation Service Junker Sanitation Service Lakeland Ford McNamara, Sheila Miller, Davin Miller Excavating Mn. Correctional Facility One Hour Express Photo Robert C. Vogel & Associates Roettger, David Roettger Welding Royal Concrete Products St. Croix Cleaners Shiely Company Swanson, Douglas T. A. Schifsky & Sons U. S. West Communications Wybrite, Inc. Yocum Oil Company General Elections Leased Equipment Lease /Rentals Hydrant Repairs Soil Treatment Developer Backhoe -Storm Sewer Reimburse -Meal Tail Light Lens Payment No. 1 Mileage Payment No. 13 Garbage Bags Lift Stations Truck Parts Mileage Reimburse -Meal Storm Sewer - Northland Parking Tickets Film Processing Historic Contexts Reimburse -Meal Railing -Main St. Stairs 3 Catch Basins Blanket /Laundry S and Reimburse -Meal Asphalt Telephone Service Mte. Contract 1 Case Oil ADOPTED BY THE COUNCIL THIS 10TH DAY OF NOVEMBER, 1992. APPROVED FOR PAYMENT 3,823.60 54.37 151.60 55.99 10,286.02 186.37 360.00 7.07 55.25 24,696.39 9.00 185,603.85 443.75 170.40 33.81 4.88 6.22 856.22 247.51 28.30 930.00 6.32 40.00 654.59 23.17 331.70 5.92 422.81 1,873.61 16.08 15.78 CONTRACTORS APPLICATIONS November 10, 1992 Mid -Minn. Concrete & Excavating Sewer & Water Install. New 10026 University Ave. N.W. Coon Rapids, Mn. 55433 St. Croix Valley Chimney Chimney Cleaning New 1621 So. Greeley St. Stillwater, Mn. 55082 Schmieg - Washburn Indus., Inc. Sign Erection New 39 W. Viking Dr. Little Canada, Mn. 55117 • • FOR COUNCIL APPROVAL NOVEMBER 10, 1992 1993 CLUB LICENSES Stillwater Country Club 1421 North Fourth Street Stillwater, MN 55082 Stillwater Lodge #179 BPOE 279 East Myrtle Street Stillwater, MN 55082 American Legion Post #48 103 South Third Street Stillwater, MN 55082 Stillwater Knights of Columbus 1910 South Greeley Street Stillwater, MN 55082 1993 WINE LICENSES Wm Sauntry Mansion Duane and Martha Hubbs 626 North Fourth Street Stillwater, MN 55082 The Rivertown Inn Charles Dougherty 306 West Olive Street Stillwater, MN 55082 Ann Bean House Bruce & Victoria Billhart 319 West Pine Street Stillwater, MN 55082 OFF SALE LIQUOR R & R Liquor Raymond Kirchner 1971 South Greeley Street Stillwater, MN 55082 Kinsel's Liquor Store 118 East Chestnut Street Stillwater, MN 55082 John's Bar (J.H.L., Inc.) 302 South Main Street Stillwater, MN 55082 Vittorio's Inc. 402 South Main Street Stillwater, MN 55082 South Hill Liquor 117 West Churchill Street Stillwater, MN 55082 CLAIM AGAINST CITY OF STILLWATER T)ILLWATEReqm/n//06---"S • NAME OF CLAIMANT ,/ �' • ADDRESS /D 6 o X) vU Z SU J .b PHONE NO. 039'. 65,3 WHEN DID EVENT OCCUR? WHERE DID EVENT OCCUR? OA Nd 72 o'Z.n' S� Still&*t� WHAT HAPPENED? /? �(A /eCQ- satettlidt, 7G echq S 7C //1/ ,C-// () ! 1 j,Cl' C p- r 4 WHY DO YOU FEEL THAT THE CITY .WAS AT FAULT? Cr 70 Gf Se/i `s ,e_s / /e- Are__ np ,/n/i� STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED U /5%4S 716 /7112i07e..jc P4V le1/2 A 4-frigt- • dial S 4-- po-s st \S NAME OF PERSON MAKING REPAIR; 0f9 GIV G CARE-64 Zid EAlreek–e-Ar b e /0 /ad / DATE SIGNATU 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. 1A' e:C/ 604/4// 74-61 /1)/ t7,66/ K-(-- / s /ct4e.- / zeiA s R AQd- 7-1-ccJ c-6° cry •Er ARTMENT • /,J2 DESCRIPTION OF REQUEST / 9 0 STAFF= REQUEST ITEM • i,/./- MEETING DATE (Briefly outline what the request is) Z4- L) / FINANCIAL IMPACT (Briefly outline the costs, i any, that . are associated with this request and the proposed source of the funds needed to fund the request) gf2 .ADDITIONAL INFORMATION ATTACHED YES ___ NO ___ ITEMS MUST_ BE SUBMITTED TO THE CITY CLERK'. A ING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED O BE9PLACED IN THE COUNCIL MATER L 7ACKET. DATE ALL COUNCIL REQUEST MINIMUM OF FIVE tpl COUNCIL MEETING IN7 0 SUBMITTED BY 7/ /0 2.3/ RESOLUTION NO. 92 -230 APPROVING EMPLOYMENT OF KYLE ZANIEWSKI AS ZAMBONI OPERATOR BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the employment of Kyle Zaniewski as a Zamboni Operator, at the rate of $5.30 /hr., at Lily Lake Ice Arena from and after October 27, 1992, be, and the same is hereby approved. Adopted by Council this 27th day of October, 1992. ATTEST: /CITY CLERK A-41—c - MAYOR 1 DATE: 10/24/92 HONORABLE MAYOR AND CITY COUNCIL CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 CC: NILE KRIESEL DAVID MAGNUSON RE: ASSESSMENT HEARING - GLOVES ADDITION, L.I. 283 IT IS OUR UNDERSTANDING THAT WITHIN A FEW DAYS A DECISION MUST BE MADE WITH REGARD TO THE ASSESSMENT OBJECTION OF MR. RODRIGUE AND MR. RHEINBERGER RELATED TO IMPROVEMENT COSTS APPOR- TIONED TO THEIR PROPERTY. WE NATURALLY HAVE SOME OPINIONS ON THIS ISSUE, SOME OF WHICH I ATTEMPTED TO CONVEY AT THE ASSESSMENT HEARING. HOWEVER, AS A PUBLIC SPEAKER MY CAPABILITIES ARE LIMITED AND WE FEEL IT IS IMPORTANT THAT WE CLARIFY OUR POSITION ON THIS MATTER. AS I UNDERSTAND MR. RHEINBERGER'S OBJECTION, HE ARGUES THAT THE IMPROVEMENTS CONVEY NO BENEFIT OR VALUE WHATSOEVER TO THE EXISTING HOME AT 1251 WEST ORLEANS. THIS STRIKES ME AS A RATHER RIDICULOUS ARGUEMENT. IF THIS WERE TRUE I WOULD HAVE TO PRESUME THERE WOULD BE NO SEWER OR WATER SYSTEM IN STILLWATER TODAY. AND I SUSPECT THE CITY WOULD BE SOMEWHAT LESS APPEALING WITHOUT THE CURRENT SYSTEM OF CITY AND COUNTY MAINTAINED STREETS AND ROAD- WAYS. WHAT IS MOST DISCONCERTING ABOUT THIS ARGUEMENT THOUGH IS THE FACT THAT MR. RHEINBERGER IS MOST LIKELY PREPARED TO PRODUCE APPRAISALS AND DOCUMENTS THAT ON THE SURFACE WOULD SUBSTANTIATE HIS CLAIM. A CLOSER LOOK AT THE HISTORY OF THIS HOUSE SINCE 1985 IS REQUIRED. IT IS MY UNDERSTANDING THAT SINCE MR. RHEINBERGER. AND MR. RODRIGUE PURCHASED THE PROPERTY IN 1985, IT HAS BEEN USED AS RENTAL PROPERTY (UP UNTIL MR. RODRIGUE MOVED IN EARLIER THIS YEAR). SINCE WE HAVE LIVED WITHIN PLAIN SIGHT OF THIS PROPERTY ALSO SINCE 1985 (1620 LINSON CIRCLE), WE HAVE WITNESSED THE CONTINUED DETERIORATION OF THIS PROPERTY. UPKEEP HAS APPEARED TO BE ABSOLUTELY MINIMAL. IT HAS BEEN DAMAGED BY FIRE IN THIS TIME - FRAME. AND FINALLY, I HAVE TO BELIEVE THAT ALLOWING A COUGAR TO BE KEPT ON THE PREMISES AND AT TIMES INSIDE THE ACTUAL HOME PROBABLY DID NOT HAVE A POSITIVE EFFECT RELATIVE TO THE CONDITION OF THE PROPERTY. ONE FURTHER NOTE RELATIVE TO THE EXISTING HOME. I THOUGHT I HEARD MR. RHEINBERGER INDICATE AT THE ASSESSMENT HEARING THAT HE HAD IN FACT REQUESTED A DEVALUTION IN THE TAXABLE MARKET VALUE OF THE PROPERTY AT 1651 WEST ORLEANS, BUT THAT THE REQUEST HAD BEEN DENIED. I MUST HAVE MISUNDERSTOOD THIS STATEMENT, BECAUSE IN CHECKING WITH THE ASSESSOR'S OFFICE, I WAS TOLD THAT THE REQUEST HAD BEEN REVIEWED AND THE MARKET VALUE WAS LOWERED APPROXIMATELY $5000. ALTHOUGH I DON'T BELIEVE THIS DROP IN VALUE ACCURATELY REFLECTS THE ACTUAL DETERIORATION OF THE VALUE OF THIS PROPERTY, IT CERTAINLY DEPICTS THE DOWNWARD TREND OF THE VALUE SINCE 1989. REGARDING THE VACANT LAND ADJACENT TO THE EXISTING HOME AT 1251 WEST ORLEANS, THIS PROPERTY IS ALSO OWNED BY MR. RHEINNBER- GER AND MR. RODRIGUE. FOR TAX PURPOSES, I BELIEVE IT IS REFERRED TO AS P.I.D. 9032 -2110 AND CARRIES A TAXABLE MARKET VALUE OF $16500. I DON'T BELIEVE THIS VALUE HAS CHANGED SINCE 1991. IN ADDITION, I DON'T BELIEVE THIS TAXABLE MARKET VALUE ACCURATELY REFLECTS WHAT THIS PROPERTY WAS ACTUALLY WORTH BEFORE IMPROVE- - MENTS..I FEEL I HAVE A SOUND BASIS FOR THIS BELIEF. AT THE TIME I PURCHASED MY PROPERTY ADJACENT TO THE RHEINBERGER / RODRIGUE LOT, MY PROPERTY CARRIED A TAXABLE MARKET VALUE OF $54000. YET, I WAS ABLE TO PURCHASE THE PROPERTY FOR ONLY $20000. THIS CERTAINLY LEADS ME TO BELIEVE THAT THE TAXABLE MARKET VALUES FOR VACANT LAND IN THIS AREA IN 1991 WERE CONSIDERABLY HIGHER THAN THE ACTUAL VALUE. I REQUESTED A REVIEW OF THIS AND FOR 1992 MY TAXA- BLE MARKET VALUE WAS LOWERED TO $25000. AS I UNDERSTAND IT, THIS VALUE WILL BE LOWERED AGAIN TO $19000 FOR 1993. TO SUMMARIZE, THE TAXABLE MARKET VALUE OF MY PROPERTY, WHICH IS IMMEDIATELY ADJA- CENT TO THE RHEINBERGER / RODRIGUE LOT HAS BEEN ADJUSTED DOWN 44.12% TO PROPERLY REFLECT THE ACTUAL VALUE OF PROPERTY IN THIS AREA WITHOUT IMPROVEMENTS. IF THIS SAME ADJUSTMENT WERE MADE TO THE RHEINBERGER / RODRIGUE LOT, THE MARKET VALUE WOULD BE PLACED AT $9220. HOWEVER, EVEN WITH THIS ADJUSTMENT, I STILL DON'T BELIEVE THAT TAXABLE MARKET VALUES ALONE ALWAYS REPRESENT THE REAL VALUE OF A PROPERTY ON THE OPEN MARKET. BUT RATHER THAN GIVE YOU MY BASIS FOR THIS BELIEF, I WILL REFER TO MY NOTES ON MR. RHEINBER-. GER'S COMMENTS WHEN I INTERVIEWED HIM PRIOR TO MAKING A DECISIION ON WHETHER OR NOT WE WANTED TO PURCHASE THE ADJACENT PROPERTY. AT THAT TIME HE INDICATED TO ME THAT WITHOUT IMPROVEMENTS, HIS LOT WAS UNSALEABLE SINCE THE PROPERTY WAS NOT BUILDABLE WITHOUT IMPROVEMENTS. HE FURTHER INDICATED WE WOULD HAVE HIS STRONG SUPPORT IN OUR EFFORTS TO BRING IN IMPROVEMENTS SINCE IT WAS OBVIOUSLY MUTUALLY BENEFICIAL. THIS COMMITMENT OF SUPPORT FROM MR. RHEINBERGER WEIGHED HEAVILY IN OUR DECISION TO PURCHASE OUR PROPERTY AND PROCEED WITH THE PROJECT. BASED ON THE POINTS ABOVE REGARDING THE VACANT LAND OWNED BY MR. RODRIGUE AND MR. RHEINBERGER, IT IS MY BELIEF THAT WHATEVER VALUE IS ASSIGNED TO THIS PROPERTY NOW THAT THE STREET, SEWER AND WATER IMPROVEMENTS ARE IN IS AN ACCURATE REFLECTION OF THE IN- CREASE IN VALUE THE IMPROVEMENTS BRING TO THIS PROPERTY. IN OTHER WORDS, THE PROPERTY WAS VIRTUALLY UNSALEABLE BEFORE THE IMPROVE- 2 • • MENTS, BUT NOW HAS EXCELLENT POTENTIAL AS A BUILDABLE HOMESITE. I'M NOT SURE EXACTLY WHAT THIS PROPERTY IS NOW WORTH, BUT WOULD HAVE TO GUESS IT IS PROPBABLY SOMEWHERE IN THE VICINITY OF $30000. IT SEEMS TO ME THIS SHOULD GO A LONG WAY IN JUSTIFYING A $29600 ASSESSMENT TO THE TWO PROPERTIES IN QUESTION. WE HOPE THAT THESE POINTS WILL BE CONSIDERED CAREFULLY AO YOU MAKE A DETERMINATION ON THIS ISSUE. WE WENT INTO THIS PROJECT WITH THE GOAL OF PUTTING OURSELVES IN A POSITION TO BUILD A SINGLE FAMILY HOME IN STILLWATER. WE'VE WORKED HARD TO TURN THIS GOAL INTO REALITY. BUT WE HAVE ALSO TRIED TO CONSIDER THE WELL BEING OF THE ADJACENT PROPERTY OWNERS AND HAVE SOLICITED THEIR INPUT AND ATTEMPTED TO ADDRESS THEIR CONCERNS THROUGHOUT THIS PROJECT. IN THE FINAL ANALYSIS, WE BELIEVE THIS DEVELOPMENT ADDS VALUE TO ALL OF THE ADJACENT PROPERTIES. WE ARE PROUD OF THE DEVELOPMENT ITSELF, AND OF OUR CONDUCT AND OUR EFFORTS TO BE GOOD NEIGHBORS TO THE OTHER ADJACENT PROPERTY OWNERS, AND HOPE THAT YOUR DECISION WILL ALLOW US TO CONTINUE WITH OUR PLANS OF BUILD- ING A HOME IN THIS DEVELOPMENT. SCOTT & CATHLEEN GROVER • ANN BODLOVICK CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 CC: HONORABLE MAYOR AND CITY COUNCIL NILE KRIESEL DAVIID MAGNUSON RE: ASSESSMENT HEARING - GLOVES ADDITION, L.I. 283 DATE: 10/24/92 FOLLOWING THE ASSESSMENT HEARING FOR THE GLOVES ADDITION ON THE EVENING OF OCTOBER 20, IT BECAME APPARENT TO MY WIFE AND I THAT YOU HAVE SOME MISCONCEPTIIONS REGARDING OUR FINANCIAL STATUS AND OUR MOTIVES AND GOALS AS THEY RELATE TO THE GLOVES ADDITION DEVELOPMENT. WE INITIALLY BECAME CONCERNED OVER THIS POSSIBLE MISCONCEPTION AT THE PUBLIC HEARING TO CONSIDER OUR PETITION FOR • IMPROVEMENTS WHEN YOU ASKED IF WE OWNED THE CHARTER OAKS PROPERTY (A SEVEN FIGURE PROPERTY). HOWEVER, AT THAT TIME WE THOUGHT THE ISSUE HAD BEEN SATISFACTORILY EXPLAINED. BUT AFTER HEARING YOUR. RESPONSE TO MR. RHEINBERGER'S OBJECTION TO THE PROPOSED ASSESS- MENT, WE BELIEVE WE NEED TO CLARIFY OUR SITUATION AND OUR POSI- TION ON THIS MATTER. ROUGHLY TWO YEARS AGO WE BEGAN TO RESEARCH THE POSSIBILTY OF PURCHASING OUR CURRENT PROPERTY. IT IS OUR UNDERSTANDING THAT IT HAD BEEN ON THE MARKET FOR A NUMBER OF YEARS OFF AND ON. IT APPEARED THAT THIS PROPERTY DID NOT HAVE THE POTENTIAL TO PRODUCE ENOUGH PROFIT TO INTEREST A DEVELOPER, AND AFTER BRINGING IN THE NECESSARY IMPROVEMENTS, IT WAS PROHIBITIVELY EXPENSIVE AS A SINGLE FAMILY HOMESITE. HOWEVER, WE FELT THAT IT HAD THE POTEN- TIAL TO PROVIDE US WITH A LOT AT LITTLE OR NO COST IF IMPROVEMENT COSTS WERE REASONABLE, IF THE ADJACENT PROPERTY OWNERS ALSO VIEWED THE IMPROVEMENTS AS BENEFICIAL AND WERE WILLING TO SHARE IN THE ASSOCIATED EXPENSES, AND IF WE COULD SUBDIVIDE AND SELL LOTS TO PAY FOR OUR INITIAL INVESTMENT, THE IMPROVEMENT COSTS, AND OTHER ASSOCIATED PROFESSIONAL FEES AND EXPENSES. IT IS IMPORTANT TO NOTE THAT WE DID NOT HAVE THE MONEY TO BUY EITHER AN EXISTING HOME OR A BUILDABLE LOT. WE VIEWED THE PURCHASE OF THIS PROPERTY (VIA A LOAN) AS A POTENTIAL INVESTMENT VEHICLE THAT COULD PROVIDE US WITH THE MEANS TO GET INTO A SINGLE FAMILY HOME. WE ARE A FAMILY OF FOUR LIVING IN A TWO BEDROOM, SINGLE BATH DUPLEX WITH NO BASEMENT SINCE 1985. WE ARE ANXIOUS TO EXPAND AND IMPROVE OUR LIVING CONDITIONS. AND ALTHOUGH THERE ARE RISKS ASSOCIATED WITH ANY INVESTMENT, WE FELT WE COULD DRAMATI- CALLY REDUCE THOSE RISKS THROUGH THOUROUGH UPFRONT RESEARCH AND PLANNNING. FROM THE FALL OF 1990 THROUGH SPRING 1991 WE INTER- VIEWED ADJACENT PROPERTY OWNERS ON NUMEROUS OCASSIONS. WE CON- SULTED WITH PRIVATE LAND PLANNERS AND ENGINEERS, SOUGHT LEGAL ADVICE, AND HAD FREQUENT CONVERSATIONS WITH VARIOUS CITY STAFF, ESPECIALLY STEVE RUSSELL. FOLLOWING THESE DIALOGUES, WE CAME TO THE FOLLOWING CONCLUSIONS AND BELIEFS: -- STREET, SEWER, AND WATER IMPROVEMENTS WOULD COST APPROXI- MATELY $65,000 - $70,000. TO THIS WE ADDED A 14% MAR- GIN FOR ERROR AND CONCLUDED WE COULD SAFELY FIGURE ON $30,000 FOR PROJECT COSTS. - THE POTENTIAL SUBDIVISION AND IMPROVEMENTS WERE CONSISTENT WITH CITY GUIDELINES AND PLANS. FURTHER, DUE TO THE FOLLOWING POINTS, I FELT WE COULD EXPECT STRONG SUPPORT FROM THE CITY: 1) NO ACCESS TO THIS AREA FROM THE HIGHLANDS PROJECT 2) EXTENSION OF WEST ORLEANS TO THE WEST APPARENTLY DEAD ISSUE - NO EXTENSION 3) LAST POSSIBLE REASONABLE ALTERNATIVE FOR PROVIDING ACCESS TO TWO LAND - LOCKED LOTS -- ALL PREVIOUS ATTEMPTS FAILED 4) A MEANS OF PROVIDING CITY SEWER AND WATER ACCESS TO TO THREE EXISTING HOMES WITHIN THE CITY LIMITS WITH PRIVATE WELL AND SEPTIC SYSTEMS - DESPITE RESERVATIONS ABOUT THE COSTS OF THE PROJECT, MRS. GENTNER INDICATED SHE WOULD NOT BE OPPOSED TO THE PRO - JECT. - MR. & MRS. NORMAN EXPRESSED CONCERNS ABOUT THE COSTS DRAINAGE, AND GIVING UP THE SECLUSION THEY ENJOYED, BUT NEVERTHELESS INDICATED THEY WOULD NOT OPPOSE THE PROJECT. - IT WAS UNDERSTOOD BETWEEN OURSELVES AND BOTH MRS. GENTNER AND MR. AND MRS. NORMAN THAT WE WOULD HAVE TO PAY A SIGNIFICANTLY LARGER PORTION OF THE TOTAL COSTS FOR OUR PROPERTY THAN FOR EITHER OF THEIR PROPERTIES. (WE LATER AGREED TO A PROPOSAL WHEREBY WE PAID 3/7 OF THE TOTAL COST AND THEY PAID 1/7 EACH). -- MR. RHEINBERGER INDICATED WE HAD HIS COMPLETE SUPPORT IN THIS PROJECT. HE EXPRESSED NO RESERVATIONS. HE INDICAT- ED THAT HE HAD A SEPARATE LOT THAT WAS NOT BUILDABLE 2 • WITHOUT IMPROVEMENTS, AND WAS THEREFORE VERY SUPPORT- IVE OF OUR PLANS. IN ADDITION TO DETERMINING THAT THE COSTS APPEARED REASONA- BLE AND THAT THE PROJECT WAS FEASIBLE, FROM THE INDIVIDUAL POINTS ABOVE WE DREW THE FOLLOWING CONCLUSIONS. FIRST OF ALL, WE FELT WE HAD CITY SUPPORT FOR THE PROJECT. SECONDLY, WE HAD AGREEMENT FROM MR. & MRS. NORMAN AND MRS. GENTNER THAT THEY WOULD NOT OPPOSE THE PROJECT. ON THIS ISSUE, WE FELT THAT IF WE ADDRESSED THEIR SPE- CIFIC CONCERNS WE COULD GAIN THEIR ACTIVE SUPPORT. AND FINALLY AND MOST IMPORTANTLY, WE HAD VERY STRONG SUPPORT FROM MR. RHEIN- BERGER SINCE HE VIEWED THE PROJECT AS MUTUALLY BENEFICIAL. WE FELT THIS WAS OF PARTICULAR IMPORTANCE, SINCE WITH HIS TWO LOTS WE HAD 3/5 OF THE ADJACENT PROPERTY SURROUNDING THE PROJECT IN SOLID SUPPORT. BASED ON THIS, WE PURCHASED THE PROPERTY IN THE SPRING OF 1991 AND HAVE SINCE FOLLOWED THROUGH WITH OUR PLANS. THE PROJECT DID INDEED TURN OUT TO BE FEASIBLE AND IS NEAR COMPLETION. HOWEV- ER, THERE HAVE BEEN SOME VERY SIGNIFICANT SURPRISES ALONG THE WAY. THE FIRST RELATES TO THE COST OF THE PROJECT. OUR ORIGINAL ESTIMATE OF $80000 FELL WELL SHORT OF THE $97000 FIGURE GENERATED FROM THE CITY FEASIBILITY STUDY FOR THE COST OF IMPROVEMENTS. IN ADDITION, OUR OUT OF POCKET COSTS FOR SURVEYING AND ENGINEERING FEES, PERMITS, EQUIPMENT RENTAL AND OTHER EXPENSES DIRECTLY RELATED TO THE PROJECT ARE MORE THAN DOUBLE WHAT WE ANTICIPATED. DUE TO THESE FACTORS, WE GAVE SERIOUS CONSIDERATION TO THE THOUGHT OF NOT PROCEEDING WITH THE PROJECT AFTER RECEIVING THE FEASIBILITY REPORT COST ESTIMATE. HOWEVER, WE FELT THAT BY ELIMI- NATING REALTOR FEES, AND PERHAPS CHARGING A BIT MORE FOR OUR LOTS THAN ORIGINALLY PLANNED WE MIGHT BE ABLE TO MAKE UP THIS SHORT- FALL. THE FINAL DECIISION AS TO WHETHER OR NOT IT WAS FINANCIALLY SOUND FOR US TO PROCEED WITH THE PROJECT WAS BASED ON THE FOLLOW- ING. PRIOR TO THE FINAL PUBLIC HEARING TO DETERMINE WHETHER. OR NOT THE CITY WISHED TO PROCEED WITH THE PROJECT, MR. MAGNUSSON INDICATED TO US THAT IT MIGHT BE NECESSARY TO OFFER A DEVELOPERS AGREEMENT WHEREBY WE WOULD PAY FOR THE DIFFERENCE BETWEEN THE ACTUAL ASSESSMENTS AND ANY SUCCESSFULLY CONTESTED AMOUNTS IN ORDER TO GET THE MAYOR AND COUNCIL TO APPROVE OUR PROJECT. WE IMMEDIATELY DETERMINED THAT WITH THE COST OVERRUNS WE WERE ALREADY EXPERIENCING, WE COULD OFFER NO SUCH AGREEMENT AND FUR- THER, THAT IF SUCH AN AGREEMENT WERE DEMANDED BY THE CITY IN ORDER TO PROCEED WITH THE PROJECT, THE FINANCIAL RISKS TO US WOULD BE TO GREAT AND WE WOULD HAVE TO WITHDRAW OUR REQUEST AND WALK AWAY FROM THE PROJECT. AS YOU KNOW, NO SUCH AGREEMENT WAS REQUESTED, AND THE PROJECT WAS APPROVED. OUR SECOND MAJOR SURPRISE CAME WHEN MR. RHEINBERGER'S LETTER OF OPPOSITION WAS READ AT THE IMPROVEMENT HEARING. UP UNTIL THIS POINT WE WERE OF THE BELIEF THAT HE AND MR. RODRIGUE WERE STRONG- LY IN FAVOR OF OUR PROJECT. MR. RHEINBERGER "'S INITIAL COMMITT- MENT WEIGHED HEAVILY IN OUR DECISION TO PURCHASE THE PROPERTY IN THE FIRST PLACE. HE MADE A VERY CONVINCING STATEMENT OF SUPPORT AT THAT TIME CENTERED AROUND THE BENEFIT THAT HE WOULD RECEIVE FROM STREET, SEWER AND WATER IMPROVEMENTS SPECIFICALLY WITH REGARD TO HIS VACANT LOT. AND AFTER OUR PURCHASE HE CONTINUED TO ENCOURAGE OUR EFFORTS TO BRING IN THE IMPROVEMENTS. AS YOU ARE AWARE, THE FINAL PROJECT COSTS CAME IN $6000 HIGHER THAN PROJECTED IN THE FEASIBILITY STUDY. THIS PLACES US IN A POSITION WHERE WE ARE NOW WELL OVER $23000 ABOVE OUR ORIGINAL CONSTRUCTION COST PROJECTIONS, IN ADDITION TO THE DOUBLING OF OUR ANTICIPATED OUT OF POCKET EXPENSES. I ASSUMED THIS WOULD BE OUR FINAL SETBACK ON THIS PROJECT, HOWEVER, YOUR COMMENTS AT THE ASSESSMENT HEARING INDICATED THAT YOU WOULD NOW HAVE US PAY AT LEAST A PORTION OF MR. RHEIN-- BERGER'S ASSESSMENT, IF NOT A PORTION OF THE GENTNER AND NORMAN ASSESSMENTS AS WELL. PLEASE UNDERSTAND THAT ANY ADDITIONAL COSTS TO US WILL VIRTUALLY ELIMINATE ANY REMAINING POSSIBILITY OF A SUCCESSFUL CONCLUSION TO THIS PROJECT FOR US. WE HOPE THAT IN VIEW OF THESE CIRCUMSTANCES YOU WILL SEE FIT TO RE- EVALUATE YOUR POSITION. 7ERE /(11C-el-e41-( SCOTT & CATHLEEN GROVER 4 October 26, 1992 Stillwater City Council Stillwater City Hall Stillwater, MN 55082 RE: Assessment for new road built in Grove's Addition I am writing this letter after attending the City Council meeting last October 20. I attended the hearing, as I have all the meetings that dealt with any potential development involving my home and surrounding property. I have, on many occasions, spoken up to object when these new developments would have adversely affected me. I have lived at 1301 W. Orleans since December of 1981, and being able to buy it in 1985 was a very big accomplishment for me personally. As a single parent with only my income to rely on my financial position is a precarious one and sometimes even the normal upkeep of my home is overwhelming. So, I hope you can understand that an assessment of $15,000 is just not something I can easily absorb. This is even more disturbing because I actually receive no benefit at all from this new road, and will also incur additional expenses when it becomes necessary for me to hook -up to the sewer and water. My feeling after attending this last meeting was one of a mixture of anger, frustration and hopelessness. • Anger because although Mr. Rheinberger had never attended any of these meetings, when he did attend his protests were given much more importance and credibility than any of the times Wayne & Joan Norman and myself had appeared to do the same. • Frustration because although I felt that appearing in person to voice my opinions was the proper way to get my point across, it appears now that it would have been smarter for me to stay away from the meetings, let the road get built, and then announce my refusal to accept the assessment. • Hopelessness because there just doesn't seem to be anything that I can say or do that will change the situation. Mr. Rheinberger's main objection to this assessment seemed to be that his property has not appreciated in value equal to the assessment. Well neither has mine! Neither has the Norman's! Does this mean we are entitled to special treatment as well? It appears now that my biggest mistake was in trying to be cooperative with the developer (Grover) and not being forceful enough about my own needs. No one ever advised me that I had any other options in this matter, and I settled instead for accepting the offer by the council of stretching the payment period to 15 years instead of 10. But I still have not solved the problem of being able to pay this astronomical amount for something I didn't want or need. I have been advised that one solution would be to subdivide a lot and sell it to pay the assessment; however the costs of doing this are also prohibitive to me. I'm not old enough to be able to defer the assessment any time soon so that is not a solution. I'm feeling pretty helpless in this matter, and hope that the council is able to come up with a solution that will not create undue hardship on the existing homeowners. Sincerely, Sandra Gentner 1301 W. Orleans 1 • October 26, 1992 Stillwater City Council Stillwater City Hall Stillwater, MN 55082 The Council meeting of Tuesday, Oct. 20th left me feeling like the old saying "Who's on First ?" Wayne and I have lived at this address since March 1973 and have felt very fortunate to raise our 5 children in the private, unique, rural setting in city limits. We have attended all council meetings pertaining to our neighborhood and voiced our c oncerns, wishes, etc. whenever applicable. On Tuesday evening, when I questioned Barry Peters about the cost overrun, it was treated like a very minor detail. Well, let me tell you, $800+ is a big deal to us. At these meetings, Wayne (and/or) myself and Sandy Gentner have always stressed the cost factors. We are self- employed, so we do not have a set income, but have set expenses, and Sandy is a single • parent and none of us can afford any extra (surprise) expenses. I feel we have protested the cost factors on any and all projected building. We felt that by personally attending all these meetings, it would help our situation, but obviously we should have stayed away and wrote a letter at the last minute after all was said and done, and maybe we too could have had special treatment and not have to pay full amount of the assessments. Well, this is my letter! I'm bewildered by the council's reaction to Frank Rheinberger's protest. Why did they suddenly decide that the developer (Grover) should pay the majority of the costs, when at all previous meetings we have voiced concerns on costs and how we could all make payments and the council never voiced any alternative division of costs, other than to give us 15 years instead of 10 to pay for it. If you agree to reduce the assessment costs to Frank Rheinberger, we (Norman & Gentner) should also be adjusted accordingly. We personally do not feel that our property will be appreciated by $15,000 +. Nor do we feel that we should be forced into becoming developers (at added cost) and sell off a portion of our lot to pay off our assessment. Nor is it fair to jeopardize our retirement to the benefit of someone else's development. In the past there have been potential purchasers for this land, and the willingness of the Grovers to work with the neighborhood seemed like a more compatible situation than any . of the other proposals. In trying to be cooperative to the situation, we are feeling like our own personal issues were overlooked. Personally, at this stage of the game, we wish we would have said "NO" to any improvements /developments and upgraded our septic system and hauled in a couple loads of grave /for our lower driveway (easement) portion at a considerable lesser cost. Sincerely, ee-0Y1 , 712 Wane & Joan Norman 1281 W. Orleans • illwater THE BIRTHPLACE OF MINNESOTA October 28, 1992 Wally Abrahamson, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson: As you know, The City of Stillwater will be celebrating its 150th Birthday /Sesquicentennial in 1993. In honor of this special occasion, you have appointed a Sesquicentennial Committee to coordinate and plan some events for this year. At this point, the celebration will run from January 1 through October 26, 1993. The usual events will happen this year and will use the Sesquicentennial theme. The Committee also hopes to have an opening and closing celebration along with a grand parade to be held in September. The Sesquicentennial Committee is seeking funds in order to make 1993 a special year for everyone in the area. We hope the City can make a contribution to the celebration within its limited financial budget. Not many cities in Minnesota have celebrated a 150th birthday, especially Stillwater "The Birthplace of Minnesota ", the most historic community in the St. Croix Valley. Sincerely, Marguerite Rheinberger Gary Funke Sesquicentennial Celebration Steering Committee Members. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 STILLWATER TOWNSHIP Box 117 Stillwater, Minnesota 55082 October 26, 1992 Mayor Wally Abrahamson City of Stillwater 216 North 4th Street Stillwater, Mn. 55082 Dear Wally, The Board Members are agreeable to a meeting with the City Council after January 1. Thank you for setting it up. I also want to take this opportunity to thank you for allowing us to use the Council Chambers for various meetings in the past. Sincerely Yours, cc,1 Pat Bantli Stillwater Township Clerk PB /kn Printed on Recycled Paper I�„NN T.O 1 1 Metropolitan District Transportation Building r St. Paul, Minnesota 55155 oF Tg Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Minnesota Department of Transportation Reply to Oakdale Office Telephone No 296 -3532 October 19, 1992 Nile Kriesel Administrator City of Stillwater 216 N. 4th Street Stillwater MN 55082 Dear Mr. Kriesel: SUBJECT: Trunk Highway 36 Corridor Management Study The Minnesota Department of Transportation (Mn/DOT) needs the participation of your community in the development of a long -range transportation plan for the TH 36 corridor. Our • goal is to develop a plan for this corridor that maintains a high level of service to each of the communities that it connects. • We feel that TH 36 is an important component of the metropolitan area highway system. TH 36 also needs to continue to provide good regional access for all users. The highway is becoming more congested each year. This has resulted in increasing delays and accidents. As the area communities continue to grow, Mn/DOT's mission of providing safe and efficient transportation services will become increasingly more difficult to fulfill. This is where we need your help. I invite your County or community to join with us to examine and discuss the emerging TH 36 transportation problems - -and the growing need for this type of "comprehensive plan" for transportation. Please select a representative to attend this important kickoff meeting. Other interested Commission, Board, Council, or technical staff members are more than welcome; we will need all the area experts we can get! The meeting will be held at the Mn /DOT Oakdale Office, 3485 Hadley Avenue North, at 6:30 P.M., on November 23, 1992. Please RSVP to Bob Brown, Project Coordinator, at phone 779 -1204. An Equal Opportunity Employer Nile Kriesel October 19, 1992 Page two The agenda: Objective A Del-me the problem 6:30 PM Introductions 6:45 Existing regional planning for T.H. 36 "What is in the big picture for me ?" 7:05 Mn /DOT Funding Futures "Is there a phrase that pays ?" Carl Ohrn Metropolitan Council Jon Bloom Mn /DOT Office of Highway Programs 7:25 Metro Division 20 Year Plan Bob Brown "Is there a future in highway work ?" Metro Division Planning Engineer 7:40 Break 7:50 Brainstorming exercise Objective B Determine a process by which to proceed 8:40 Identify alternatives 8:50 Round table discussion 9:30 Adjourn * *REMEBER - Please RSVP to Bob Brown (779 -1204) by November 13, 1992 ** so that we can arrange for adequate meeting supplies. Respectfully, 4r. fr' Ri and A. Stehr Division Director of Planning, Development and Traffic • 1 • WILLIAM J. KEEFER OF COUNSEL MARY M. KEEFER FRANK M. FUDALI (1908-1989) FUDALI, KEEFER & KEEFER ATTORNEYS AT LAW 2408 CENTRAL AVENUE N.E. MINNEAPOLIS, MN 55418 October 22, 1992 Stillwater Police Department 212 North Fourth Street Stillwater, MN 55082 Attn: Officers Wardell & Magler and Captain Bell Dear Captain and Officers: OFFICE: (612) 789 -3583 Fax (612) 789-3586 I am fortunate enough to have my son, Luke Anderson, in the DARE Program at Oak Park School. Officer Wardell is the instructor for his class in Mr. Hanson's room. I just wanted to take a minute to let you know how much we appreciate the time and effort you have undertaken to bring this program to our children. I attended the Parent's Night at Oak Park on Tuesday and was very impressed, not only with the DARE Program, but by how concerned each of you are about our community. I am looking forward to seeing you again at the graduation. If you need snacks or beverages provided for that event, I am sure that I would be able to garner sufficient parental involvement so that you would not have that burden. Or if there are other needs that the parents can furnish, please let us know. I may be reached at the above number on Mondays and Thursdays and at my home at 439 -8286 at any other time. Thank you again for providing this opportunity for our children. M K:ma • Very truly yours, Mary M. Keefer 1124 Nightingale Blvd. Stillwater, Minnesota 55082 October 21, 1992 City of Stillwater Park Department Headquarters 1372 So. Greeley St. Stillwater, Minnesota 55082 Dear People; Last week I sent a letter to you about some dead, red pines trees on city park land adjacent to our home. In a matter of a few days, your people have already taken care of the problem. I just wanted to thank you for such prompt service. I wish that you would pass my thank you along to the people who actually did the work. We are truly impressed! Sincerely, Mary & David Ruch • • League of Minnesota Cities October 28, 1992 To: From: 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490 -5600 Managers or Clerks (Please distribute a copy of these materials to your mayor and councilmembers) Cain Andre, Executive Director Subject: 1993 Policy Adoption Conference and Legislative Policies During the past few months there has been a great deal of attention focused on national, state and local elections As a member of the League of Minnesota Cities, your city is entitled to vote on the enclosed Proposed 1993 City Policies and Priorities. The policies address significant city issues such as local government aid, other property tax relief programs, tax increment financing, transportation funding, pay equity, solid waste, and wetlands protection. We will also discuss the League's city aid formula proposal. The League membership will vote on these policies as part of the LMC Policy Adoption Conference, which will be held on Thursday, November 19, 1992, at the Decathlon Club, 7800 Cedar Avenue South, Bloomington. The club is located on the south frontage road along I -494. Take the 12th Ave. exit to reach the site. The phone number is (612) 854 -7777. In addition to the consideration of the proposed policies, city officials will have an opportunity to hear from a variety of speakers on municipal issues. A description of the program and a registration form is provided on the reverse side of this letter. In order for League staff to plan properly for the meeting we urge our to members register early. OVER �QJ League of Minnesota Cities 1992 Policy Adoption Program Thursday, November 19, 1992 The Decathlon Club Schedule The Decathlon Club 7800 Cedar Avenue South Bloomington, MN 55425 (612) 854-7777 9:30 a.m. President's message —Larry Bakken, LMC President and Mayor, Golden Valley 1 9 :45 a.m. Session preview—Legislative perspectives on major issues affecting cities: State budget and city aid Mandates Solid waste 10:45 a.m. Break 11:00 a.m. Report and recommendations on the League of Minnesota Cities city aid formula proposal. 12:00 noon Lunch 1:00 p.m. Adoption of Proposed Policies Federal Legislative Mandates Development Strategies Elections and Ethics General Legislation and Personnel Land Use, Energy, Environment and Transportation Revenue Sources • League of Minnesota Cities 1992 Policy Adoption tion Registration r Registration form LMC Policy Adoption Meeting Thursday, November 19, 1992 Thursday, November 19, 1992 The Decathlon Club City Contact person Telephone Number Name Title Address City State Zip L Cut and return to the Lupin of Minnesota Cities r L Cut and return to the Decathlon Club NEW REGISTRATION FEE PER PERSON: $40.00 Make checks payable and mail to: League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 L..pr .9 115. Feel free to duplicate for multiple registrations Housing reservation form Please specify: $59 + tax single (one person) _$59 + tax double (two people) LMC Policy Adoption Meeting, Thursday, November 19, 1992 Name Representing Address City State Zip c ) C ) c Month/Day/Year Month/Day/Year Arrival Arrival time Departure Check In time 3:00 p.m. Check out time 12:00 noon I will arrive after 4:00 p.m. Please guarantee the reservation with (Credit card) Number and expiration date Phone:( ) Mail to: Reservations department The Decathlon Club 7800 Cedar Avenue South Bloomington, MN 55425 (612) 854 -7777 J 1 J DIRECTIONS TO DECATHLON CLUB LON ATHLETIC CLUB Directions to Decathlon Club From the east on 494; - 494 West -to 12th & Portland, exit right after Hwy. 77. - top of exit ramp turn left -go to second stop light (79th) turn left. -you will pass Eddie Webster's (left side) -you will also pass First Star Financial Building on the left. - we are located on the Left side, with the tennis courts facing the south side of the building. From the west on 494: - 494 East -to Portland Exit - top of exit ramp go straight on service road parallel to freeway. -you will cross Portland and 12th. - pass Comfort Inn and Eddie Webster -we are located at the end of the service road on the right hand sic Our Adress is: OW 41 Ars. 17 The Decathlon Club t 1700 Bast 79th Street 1 Bloomington, MN 55425 BURNSVILLE 1 Fax Number is: (612) 854-7777 • League of Minnesota Cities 1. Registration 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490 -5600 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges Only one delegate per city shall be permitted to vote on policy proposals, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting car is the city's delegate for purposes of voting. 3. Committee Reports The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of policy language, the chair or vice chair shall move adoption of priority rankings. Upon a motion by at least 10 delegates, the chair shall place on the agenda for discussion: 1) a proposal to make a substantive change in the language of a proposed policy, 2) change a priority, 3) a request to divide a proposed policy statement, or 4) to take a position which the appropriate policy committee chair or representative states was not considered by the committee. The text of nonprocedural motions and amendments, other than changes in policy priorities and motions to divide a policy statement, must be submitted in writing to the chair prior to debate. =OVER= 4. Majority Required A) Amendments to language or division of proposed policy statements require a majority vote of the City delegates voting on the motion. Final passage of any policy or amended policy or change in priority requires a favorable vote of 2/3 of the City delegates voting on the policy. 5. Disputes Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. 6. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shall the length of time be reduced to less than three minutes per side. 7. Parliamentary Procedure Precedence. The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule #6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member) to speak in his /her place. Changes. Motions to "rescind" and "reconsider" shall require a two- thirds vote of delegates present and voting. 8. Number of "A" Priorities A motion to change a proposed policy's priority to an "A" priority must also propose another "A" proposed policy to be reduced below an "A" priority. The final number of "A" priority policies shall not exceed the number proposed to the conference by the Legislative Committee, but when a policy with a proposed "A" priority is divided, the number of "A" priorities shall not be considered to be increased. • Proposed 0 1993 City Policies E and Priorities t4.1 0 a for legislative and administrative action 3490 Lexington Avenue North St. Paul, MN 55126 -2977 (612) 490 -5600 FAX (612) 490 -0072 © 1992 League of Minnesota Cities All rights reserved Printed in the United States of America • Legislative Policy Committee Members Development Strategies Craig Waldron, Economic Development Director, Roseville —Chair Robert Haarman, Administrator, Sauk Rapids —Vice Chair Duane D. Aden, City Administrator, Marshall Cynthia Albright, Councilmember, Duluth David R. Arvig, Mayor, Twin Valley Thomas Burman, Councilmember, Aitkin Charmayne J. Cochran, Councilmember, Spring Valley Romeo Cyr, Mayor, Red Wing Chuck Dillerud, Community Development Dir., Plymouth Brian Fritsinger, Community Development Dir., Perham Larry D. Hansen, Administrator, Stewartville Terri Heaton, Dep. Dir. of Admin. Serv., Bloomington Jon Hohenstein, Asst. to Administrator, Eagan Susan Hoyt, Administrator, Falcon Heights Liz Jensen, Councilmember, Mound Ronald S. Johnson, Administrator, Zumbrota Steven Jones, Administrator, Mora Andrea Hart Kajer, Legislative Liaison, Minneapolis Tom Kedrowski, Councilmember, Prior Lake Mark D. Larson, Administrator, Glencoe Scott Larson, Administrator, Cambridge Joan Lynch, Councilmember, Shakopee Paula Maccabee, Councilmember, St. Paul John Moravec, Councilmember, Crystal Bruce Peterson, Community Development Dir, Willmar Harold A. Rainey, Executive Dir. EDA, Mountain Lake Ron Rogstad, Admin. Serv. Dir., Oakdale Mary Saeger, Councilmember, Olivia Larry Siegler, Councilmember, Fairmont Ronald A. Stenstrom, Councilmember, Blaine Carol Tiedeman Zupetz, Mayor, Mountain Iron Judy Tschumper, Economic Development Dir, Burnsville Alf Wikstrom, Adminstrator, Young America Election and Ethics Dianne Krogh, Assistant Manager /Clerk, West St. Paul —Chair Fran Clark, City Clerk, Mound —Vice Chair Lucille E. Aurelius, Clerk, Maplewood James Cosgrove, Admin Serv. Dir., So. St. Paul Judith Cox, City Clerk, Shakopee Patricia Crawford, Clerk/Treas., Motley Thomas P. Ferber, Clerk, Richfield Darlene George, City Clerk, Crystal Carole Grimm, Clerk, Rochester Barbara Heppelmann, Clerk/Treas., Bellechester Christine Koch, Councilmember, Mendota Heights Barbara Lanum, Councilmember, Bass Brook Scott Luse, Councilmember, Long Lake Myrna Maikkula, City Clerk, Brooklyn Park Harry Mares, Mayor, White Bear Lake Joyce Mercil, Director of Elections, Minneapolis Mary Mueller, City Clerk, Apple Valley Doris Nivala, AdmJClerklfreas., Ham Lake Molly O'Rourke, City Clerk, St. Paul Susan Olesen, City Clerk, Burnsville Joan Russell, Councilmember, Golden Valley JoAnne Student, Deputy Clerk, Columbia Heights Maria Vasiliou, Councilmember, Plymouth Sue Walsh, City Clerk, Rosemount Liz Witt, Dep. Clerk, Eagan Evelyn Woulfe, City Clerk, Bloomington General Legislation and Personnel William Thompson, Mayor, Coon Rapids—Chair Michael McCauley, City Manager, Waseca- -Vice Chair Richard Abraham, Administrator, Lake City Gary Bastian, Mayor, Maplewood Lynn Boland, Personnel Director, Apple Valley Patrick Boley, Mayor's Office, St. Paul Lorraine Browne, Mayor, Atwater Thomas Burt, City Manager, St. Anthony Mike Crnobrna, Personnel Director, Burnsville Steven Devich, Assistant Manager, Richfield Holly Duffy, Asst. to Administrator, Eagan Dick Engebretson, Mayor, Deephaven Bob Fragnito, Mayor, Nashwauk Kelly P. Frawley, Asst to Admin./Personnel Offer., Cottage Grove Glenn Gabriel, Director Public Safety, Mankato Don Gadow, Councilmember, Annandale Karl Glade, Councilmember, Alexandria Todd Hagedorn, Councilmember, Oronoco Ken Hartung, Administrator, Bayport Paul Hicks, Councilmember, Hastings Brian Holzer, Fire Chief, Burnsville Jeffrey Jacobs, Councilmember, St. Louis Park Andrea Hart Kajer, Legislative Liaison, Minneapolis John Kelley, Chief of Police, New Brighton Stephen King, Manager, Montevideo Audrey Krebs, Councilmember, Breckenridge Tom Krueger, Councilmember, Crystal Anthony Mayer, General Mgr. -- Crosslake Telephone Co., Crosslake Kathleen McBride, Finance Director, So. St. Paul Jean McConnell, Councilmember, Rochester Kent Michaelson, Dir., Personnel/Labor Relations, Bloomington Mancel Mitchell, Police Chief, St. Louis Park Mark Nagel, City Manager, Anoka James Norman, Administrator, Renville Samantha Orduno, Administrator, Mounds View Desyl Peterson, City Attorney, Minnetonka Marty Pinkney, Councilmember, Moorhead Miriam Porter, Administrator, Victoria Bryan Read, City Administrator, Kenyon Michael Reardon, President, MACTA, Eagan Thomas Reber, Administrator, Fairmont Robert Roesler, Councihmember, Sherbum Howard Rowland, Personnel Director, Brooklyn Park Mark Sather, City Manager, White Bear Lake Susan Schumacher, Assistant to Administrator, Maple Grove Dan Scott, Police Chief, Buffalo Jeanette Sobania, Personnel Coordinator, Plymouth Jan Tubandt, Councilmember, Wadena Joyce Twistol, Clerk, Blaine David Unmacht, Manager, Prior Lake Betty Zachmann, Clerk/Treas., Winsted Land Use, Energy, Environment, and Transportation Chuck Siggerud, Public Works Director, Burnsville - -Chair Curtis Jacobsen, City Administrator, Howard Lake —Vice Chair Bill Barnhart, State Liaison, Minneapolis 1991 City Pnliciec and Prinritiec Lynn Becklin, Councilmember, Cambridge Robert Benke, Mayor, New Brighton Jerome Bobnsack, Clerk Administrator, New Prague Lavonne Bowman, Councilmember, Fairmont Frank Boyles, Assistant City Manager, Plymouth Gerald Breuer, City Administrator, Staples Gary Brown, Engineer, Brooklyn Park Bruce Bullert, Engineer, Savage Don Christianson, Public Works Superintendent, Perham Scott Clark, Planning Director, Brooklyn Park Bonnie Cumberland, Mayor, Brainerd Bob Derus, Administrator, Corcoran Jerry Dulgar, City Manager, Crystal Julian Empson, Public Works Dept., St. Paul L. A. Ewert, City Clerk, Waldorf Gloria Johnson, Councilmember, Golden Valley Vernon A. Johnson, Councilmember, Roseville Marvin Johnson, Mayor, Independence Laurence Jung, Planning Commission Chair, Mendota Mark Karnowski, Administrator, Lindstrom Bill Klein, Councilmember, Inver Grove Heights Tony Knapp, Councilmember, Mankato Harry A. Lyon, Jr., Councilmember, North St. Paul Dean Massett, Council Administrator, Red Wing R. David Miller, Economic Development Director, Dodge Center Robert F. Morgan, Administrator, Branch Larry Nicholson, Councilmember, Moorhead Bill Ottensmann, Director Public Works, Coon Rapids Mary Petersson, Councilmember, Rochester Stanley Rensberger, Councilmember, Ortonville Pat Rickaby, Councilmember, Mounds View Teny Schneider, Councilmember, Minnetonka Ryan Schroeder, Administrator, Ramsey Betty Sindt, Councilmember, Lakeville Marsha Soucheray, Councilmember, Shoreview Glenda Spiotta, City Administrator, Sunfish Lake Dean Swanson, Councilmember, Crosslake Gene White, Councilmember, Prior Lake Revenue Sources John Feda, Mayor, Marshall—Chair Karen Anderson, Councilmember, Minnetonka Vice Chair Duke Addicks, State Legislative Liaison, Minneapolis Kurt E. Anderson, Mayor, Crosslake Les Anderson, Finance Director, Burnsville Ronald L. Anderson, Mayor, Blooming Prairie James W. Antonen, City Manager, Moorhead William Bassett, City Manager, Mankato Michael Bisanz, Mayor, West St. Paul Douglas Bunkers, City Administrator, Madison Edward Burrell, Finance Director, Roseville Dave Canister, Administrator, Tonka Bay Paul Ciernia, Councilmember, Falcon Heights Willard Clark, Council President, Two Harbors Ruth Crawford, Councilmember, Rochester Terry Dussault, Asst. to City Manager, Blaine Dan Elwood, Administrator, Spring Valley Dan Faust, Finance Director, Maplewood Kathleen Gaylord, Councilmember, So. St. Paul Alvin J.Gruis, Councihnember, Rushmore Francis D. Hagen, Manager, Robbinsdale Lyle Hanks, Mayor, St. Louis Park Joel Hanson, Administrator, Little Canada Blaine C. Hill, ClerklTreas., Breckenridge Greg Isaackson, Clerk- Administrator, Cottonwood John Jensvold, Asst. to Administrator, Faribault, Robert W. Johnson, City Administrator, Montgomery Darrell Johnson, Treasurer/Fin. Officer, Winona Ferner "Skip" Johnson, Councihnember, Mound Jeffrey E. !Carlson, Clerkareas., Annandale David J. Kennedy, City Attorney, Crystal Duane Knutson, Mayor, Fertile Lynn Lander, Administrator, Hermantown Bob Long, Councilmember, St. Paul Steven Mielke, City Manager, Hopkins Kathleen Miller, Administrator, Lauderdale Ron Moorse, Administrator, Orono Doug Nakari, Admr /Clerk/Treas., Cook Dennis Nelson, Clerk/Treas., Windom Lanelle Olsen, Councilmember, Northfield Lyle R. Olson, Director of Admin. Serv., Bloomington Steven Perkins, City Administrator, Luverne, Dave Pokorney, Administrator, Chaska Craig Rapp, City Manager, Brooklyn Park Jon E. Raw, Councilmember, Rothsay Al Ringsmuth, Mayor, Waite Park John Sandquist, Councilmember, Red Wing Mark Sievert, City Administrator, St. James Greg Sparks, City Administrator, Worthington Virginia Sterling, Councilmember, Apple Valley Bradley Swenson, Administrator, Wadena Kurt Ulrich, Administrator, Champlin Gene Vanoverbeke, Finance Dir /Clerk, Eagan Daniel J. Vogt, Admr /Clerk /freas., Brainerd James Willis, City Manager, Plymouth John Young Jr., Councilmember, Hawley Paul Zimny, Councilmember, Royalton Federal Legislative Yvonne Prettner, Councilmember, Duluth —Chair Karen Anderson, Councilmember, Minnetonka Larry Bakken, Mayor, Golden Valley Janet Bush, Federal Liaison, Minneapolis David Childs, City Manager, New Brighton Stan T. Christ, Mayor, Mankato Steve Cramer, Councilmember, Minneapolis Erick Engh, Councilmember, Brooklyn Park Kevin Frazell, City Administrator, Cottage Grove Sue Hess, Councilmember, St. Cloud James Hurm, Administrator, Shorewood Greg Konat, Manager, Burnsville Gail Lippert, Administrator /Clerk/Treas.,Greenfreld Bob Long, Councilmember, St. Paul Millie MacLeod, Councilmember, Moorhead Elizabeth Martinson, Councilmember, Cook Bruce Nawrocki, Council President, Columbia Heights Lanelle Olsen, Councilmember, Northfield Doug Pearson, Councilmember, Brooklyn Park Steven Perkins, City Administrator, Luverne Neil Peterson, Mayor, Bloomington Mary Petersson, Councilmember, Rochester Clarence Ranallo, Mayor, St. Anthony David E. Runkel, Councilmember, Harmony Tony Scallon, Councilmember, Minneapolis Peter Stolley, City Administrator, Northfield Terence Stone, Mayor, Madeiia Brenda Thomas, Councilmember, Roseville John Young Jr., Councilmember, Hawley 2 League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 804 of Minnesota's 855 cities as well as 10 urban towns and 21 special districts. All sizes of communities are represented among the League's members (the largest non - member city has a population of 223) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies: 1. Minnesota cities' need for a governmental system which allows flexibility and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and 2. That the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well -being of city residents. PRIORITY SETTING "A" priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations, and when appropriate introduce legislation. "B" priority indicates issue areas that are important to cities but on which the League would probably spend less time unless the legislature or other groups mount a major effort to which the League would respond. "C" priority indicates issue areas to which the League would respond only when other groups raise the issue and to which the League would not commit a significant amount of staff time. 1993 City Policies and Priorities Contents Legislative Policy Committee Members 1 General Policy Statement 3 Mandates Policy 6 Development Strategies DS -1. Development of Polluted Lands A 7 DS-2. Tax Increment Financing A 7 DS -3. Building Permit Surcharge Fees B 8 DS-4. Development Financing B 8 DS -5. Housing B 8 DS -6. Municipal Service Districts B 9 DS-7. Small Cities Community Development Block Grant Programs B 9 DS-8. State and Local Development Policy B 9 DS-9. Economic Development Authorities C 10 DS -10. Tax- Exempt Status of Land Cities Hold for Development C 10 Elections and Ethics EE -1. Absentee Balloting A 11 EE -2. .All Mail -in Ballot Elections A 11 EE -3. Authority to Fill Vacancies by Appointment B 11 EE-4. Automatic Recounts B 12 EE -5. Lobbyist Reporting Requirements B 12 EE -6. Precinct Boundaries B 12 EE -7. Reimbursement for State Elections B 13 EE -8. Reporting Votes for Write -In Candidates B 13 EE -9. Structure of City Government 13 13 EE -10. Absentee Ballots for Hospitalized Voters C 13 EE -11. Limiting Local Campaign Contributions C 13 EE -12. Local Elections C 14 EE -13. Optional Poll Hours C 14 EE -14. Presidential Primary C 14 EE -15. Removal of Candidate Name from Ballot C 15 EE -16. Schedule for Redistricting C 15 EE -17. Voter Fraud C 16 General Legislation and Personnel GLP -1. Comparable Worth A 17 GLP -2. Minnesota Public Employment Labor Relations Act (PELRA) A 18 GLP -3. Tort Liability and Insurance A 18 GLP-4. Veterans' Preference B 19 GLP -5. Employee Benefits B 19 GLP -6. Employee Training and Education Requirements B 20 GLP -7. Local Police and Paid Fire Relief Associations B 20 GLP -8. Open Meetings and Data Practices B 21 GLP -9. Prevailing Wage B 22 GLP -10. Public Contracting 13 22 GLP -11. Public Employees Retirement Association (PERA) Benefits, Financing, and Administration B 22 GLP -12. Recovery of State Program Administration Costs B 23 GLP -13. Stalking and Other Harassing Behavior B 23 GLP -14. Utility Service Territories 13 23 GLP -15. Volunteer Firefighters B 23 GLP -16. Cable Communications C 23 GLP -17. Gopher State One -Call C 24 GLP -18. Liquor Issues C 24 GLP -19. Military Leaves C 24 GLP -20. Presumptions for Workers' Compensation Benefits C 25 League of Minnesota Cities Land Use, Energy, Environment, and Transportation LUEET -1. Solid and Hazardous Waste Management A 26 LUEET -2. Transportation Systems Funding A 27 • LUEET-3. Transportation Utility Fee A 28 LUEET -4. Wetlands Conservation A 28 LUEET -5. Annexation A 29 LUEET -6. Municipal State Aid System B 29 LUEET -7. Railroad Right - of-Way Preservation B 30 LUEET -8. Transportation Services Fund B 30 LUEET -9. Wastewater Treatment B 30 LUEET -10. Water Conservation and Preservation B 31 LUEET -11. Zoning, Subdivision, and Planning Statutes B 32 LUEET -12. Energy Conservation C 32 LUEET -13. Environmental Trust Fund C 32 LUEET -14. Road and Highway Jurisdiction and Funding C 33 Revenue Sources RS-1. Property Tax Reform and State Aid to Cities A 35 RS -2. City Fund Balances A 36 RS-3. Service Duplication Taxation Exclusion B 37 RS-4. City Financial Reporting Requirements B 37 RS -5. Cooperation, Collaboration, and Consolidation B 37 RS -6. Penalties and Interest on Delinquent Property Taxes B 37 RS -7 . Service Fees for Government -Owned Property B 38 RS-8. State Administrative Costs B 38 RS -9. License Fees C 38 RS -10. Local Property Tax Authority C 39 RS -11. Referendum Levies C 39 RS -12. Sales Ratios C 39 RS -13. Taxation Hearing and Notification Law C 39 • Federal Legislative FL-1. Single Family Mortgage Bonds 41 FL -2. Homelessness/Housing Issues 41 FL-3. HOME Investment Partnership 42 FL-4. HOPE - Home Ownership and Opportunity for People Everywhere 42 FL -5. Incentives to Preserve Affordable Rental Housing 42 FL-6. Removal of Regulatory Barriers 42 FL-7. Comprehensive Housing Assistance Strategy (CHAS) 43 FL-8. FHA Insurance Changes 43 FL-9. Portability of Section 8 Housing Certificates and Vouchers 43 FL-10. Siting of group Home Residential Facilities 44 FL-11. Mixed Populations 44 FL-12. Anti -Drug Abuse: Prevention and Assistance 44 FL-13. Federal/Local Fiscal Relations 45 FL-14. Federal Mandates 46 FL-15. Solid Waste Management 47 FL-16. Airport Noise Control 48 FL-17. Cable Television Regulation 48 FL-18. Economic Development 49 FL-19. Rural Development Issues 50 FL-20. Groundwater Protection 52 FL-21. Clean Water Act 52 FL-22. Lead Contamination 53 FL-23. Transportation 53 FL-24. Passenger Facility Charges and Airport Trust Fund Expenditures 54 FL-25. Refugee Assistance 55 FL-26. Social Security Deductions for Election Judges 56 FL-27. Government Accounting Reporting Requirements 56 1993 City Policies and Priorities Mandates The League opposes any additional unfunded state mandates and urges the governor, Legislature, and state agencies to adopt a policy of deliberate restraint against new mandates, through statute and rule, and the costs which are passed on to local governments. The League supports legislation which would allow local governments to not comply with unfunded mandates. The League also urges the Legislature to review, repeal, or revise current mandates. One of the most serious problems facing cities is the growth in the number and cost of federal and state - mandated programs which substitute the judgments of Congress and the Legislature for local budget priori- ties. Recent examples of costly mandates include: comparable worth, binding arbitration, prevailing wage, legal compliance audits, newspaper publications, and election requirements. The League, therefore, supports legislation which allows noncompliance with new unfunded mandates. The League recommends that only under specific conditions should this noncompliance option not be available. Except under the following conditions, the noncompli- ance option for state mandates should be available to local governments: • The state pays for the full local costs of the man- date from a source other than the Local Govern- ment Trust Fund (LGTF); • A new non - property tax source of local revenue is authorized to pay for the mandate; • The mandate law is approved by a 2/3 vote of both the House and the Senate and the costs do not exceed the fiscal impacts which have been esti- mated through an improved state -local fiscal note process; or • The mandate and the associated expenses are federal, not state, requirements. The League believes that a statement of compelling statewide interest and need for a new mandate should be required both for new laws and for state agency rules. 6 League of Minnesota Cities Development Strategies • DS -1. Development of Polluted Property (A) The League supports legislation that would: A. Eliminate state aid penalties for tax increment financing for hazardous substance subdistricts; B. Provide a source of funding for a statewide revolving loan fund for the clean -up of contaminated sites which have potential for development; C. Make "no action letters" available to the private sector as well as the public sector, with a requirement for certainty of closure; and D. Create and enforce Pollution Control Agency development action response timelines. Across the state, Minnesota cities are faced with tremendous obstacles to the development of polluted properties. The Legislature has taken encouraging action to address the liability exposure for development • of polluted property. The extensive costs of clean-up still present an obstacle to development of polluted land. Clean-up costs often exceed the value of the land so there is no incentive for private sector intervention. Public sector subsidies are therefore critical. In 1990, legislative changes to the tax increment law made hazardous substance subdistricts useless in providing assistance with clean-up costs, and Super - fund dollars are not sufficient to address this need. In addition, there is some question whether designation as a Superfund site may have negative ramifications for later development. The Minnesota Pollution Control Agency (MPCA) is often unable to meet the necessary timelines for issuing "no action letters." In collaboration with city officials, the MPCA should immediately develop reasonable response timelines to improve their ability to facilitate clean -up of polluted properties. Development opportu- nities can be lost as a result of such delays. In addi- tion, while "no action letters" are readily available for public entities, they are not available to the private • sector. In addition, some certainty concerning "clo- sure" is needed after a property has been cleaned up according to directions by the MPCA. Polluted sites will continue to have a blighting influ- ence on our communities and pose a potential health threat to our state's citizens unless this problem is addressed. DS-2. Tax Increment Financing (A) The League supports changes to the tax increment financing (TIF) laws which will make this economic development, redevelopment, and housing tool more usable, including general authority for pollution districts and elimination of the city aid penalty. The changes to TIF made during the 1988, 1989, and 1990 legislative sessions have restricted TIF, and, as a result, have reduced the ability of cities to engage in needed development and redevelopment. TIF should be modified to allow cities to address blight or pollu- tion, or for economic development and redevelopment which can be addressed in a relatively short period of time. Considering these priorities, cities should have authority to create the redevelopment, renewal/renova- tion, manufacturing, housing, underground space, and soils condition districts. Statewide authority should also be granted for all cities to create pollution districts. TIF authorities should be strongly encouraged to clean up contaminated proper- ties. Redevelopment and renewal/renovation districts should be able to be redesignated as pollution districts if pollution requiring significant clean-up costs are discovered in the district. Durational limits on districts could be reduced, pro- vided the TIF authority is statutorily permitted to determine the appropriate date on which to receive the first full increment. "Full increment" is the increment collected from the market value of the improvements which are determined by the assessor to approximate the market value that is identified in the plan or development agreement. This process is current practice for the administration of TIF in most counties. Qualified districts should not be subject to the aid penalty provisions contained in current law. A district whose tax capacity has a growth rate for the previous five years that is less than that of the school district in which it is located would be "qualified." In addition, 1993 City Policies and Priorities because of the job creation and positive economic impacts, all manufacturing districts should be exempt from the aid penalty. In order to address certain blight, pollution, and urban problems, the League also urges the Legislature to remove the pooling and five year restrictions on renewal and renovation districts, redevelopment districts, pollution districts, and urban revitalization action program (URAP) areas. Limited use of tax abatements, in coordination with county officials, offers a new mechanism to address problems which does not require the corrective actions of a tax increment district. Abatements, however, do not serve as an adequate replacement for TIF; tempo- rarily shifting tax burdens to other properties can provide only limited solutions for specific problems or properties. DS-3. Building Permit Surcharge Fees (B) The Legislature should reinstate the law which returns the amount of locally generated building permit surcharge fees which exceed the costs of the state building code division to local units of govern- ment Local units of government levy a one -half percent surcharge on building permits which is paid to the state to operate the State Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for training and continuing education costs for building officials who enforce the state's building code. Local units of government are facing tough financial times and need every available resource, especially one which is locally generated and is not needed to fund the enforcing state agency. DS-4. Development Financing (B) The League supports the continued use of industrial development bonds (IDBs) and other tax - exempt instruments as development tools. Tax- exempt financing allows cities to undertake a diverse range of activities to prevent economic deterio- ration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. Federal tax legislation has substantially changed the applicability of tax- exempt development fmancing. As a result, the League recommends the following prin- ciples: • Municipal retention of maximum of Minnesota tax- exempt development allocation authority; • Maintenance of local discretion and flexibility in development decisions; and • Minimizing state control of local development decisions. The League asks that the governor and the Legislature continue to involve the League in developing a method of allocating the authority to issue tax- exempt bonds. DS -5. Housing (B) The League urges the Legislature to continue support for measures which enable cities to preserve afford- able housing stock and to finance new construction of single and multi family housing that meets local needs. The League recommends these specific ac- tions. A. The state aid penalties should be repealed for tax increment financing (TIF) housing districts. The tax increments available from low- and moderate- income housing projects and scattered site projects are fre- quently too low to create viable projects, and the needs for such housing are not being fully met. The city aid penalty adopted in 1990 makes this situation worse, and it should be repealed. B. The share of market value in the TIF housing project that can be used for purposes other than low- and moderate - income housing should be increased from 20 percent to 35 percent The opportunity for a project to include a greater share of higher - income housing, commercial, or other properties in a TIF housing district can frequently make possible the construction of low- and moderate- income housing which would otherwise not occur. G The differences in property tax class rates between owner - occupied property and rental property should be reduced The first $72,000 of homestead property has a class rate of 1.0 percent of market value, com- pared to 2.5 percent of market value (one -three units), and 3.4 percent for rental housing with four or more units. These large class rate differences discourage the construction and ownership of multifamily rental 8 League of Minnesota Cities • housing, as well as the availability and upkeep of single - family housing on a rental basis. D. Property tax relief for low- income rental housing should be tied to agreements by developers and property owners to maintain affordable rates to assure long -term availability of such units. E. The procedure for allocating low- income housing tax credits enacted by the 1990 Legislature should be continued. F. The housing impact and replacement mandates enacted by the 1989 Legislature should not be tight- ened or extended to all cities. Cities and their devel- opment organizations follow extensive due process procedures, and are required to provide relocation benefits and assistance. Measures that also require cities to replace low- income housing on a one - for -one basis are unreasonably hindering public improvements and efforts to improve the local economy and standard of living. The state's compliance requirements which apply to Duluth, Minneapolis, and St. Paul should be changed to match the federal relocation guidelines. • DS -6. Municipal Service Districts (B) The League supports legislation allowing cities to create municipal service districts. Cities should have authority to finance the types of improvements listed in Minn. Stat 429.021 (relating to the construction, replacement, and maintenance of such things as streets, sidewalks, gutters, storm and sanitary sewers, waterworks systems, street lights and public lights, and public malls, parks, or courtyards) without having to obtain specific authorizing legislation. Current law already includes the necessary safe- guards to ensure the local participation and support of affected taxpayers. Both service charges and ad valorem property taxes should be available to finance services or capital improvements in the district. Court decisions concerning special assessments have made it even more difficult for cities to use special assessments to finance public services and improve- ments. The Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that a special assessment project "specially benefit" affected parcels or 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 assess - ment applied to that property. This interpretation has made it more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improve- ments. In addition, cities' abilities to finance annual operating and maintenance costs of some services to property through the use of special service charges is unclear under current law. The only current financing alternative to special assessments or services charges, the general property tax, is not appropriate to finance some capital or operating expenses. DS -7. Small Cities Community Development Block Grant Programs (B) The League supports state administration of the small cities portion of the Community Development Block Grant (CDBG) program. The League also supports the continuation of the set -aside of federal funds for economic development grants and aug- mented state appropriations to supplement the federal funds set aside. The small cities CDBG program should continue as a source of funding which encourages cities to develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for low- and moderate - income people. The state should maintain the CDBG program balance between cities' economic develop- ment needs and the needs of low- and moderate - income people. Cities should retain maximum flexibil- ity in determining how to carry out CDBG program objectives. The League suggests that an expanded program, including a formula for matching, require state funds to be used to match local funds. The program should be designed to encourage cities to recycle state funds and the local match, and to leverage public funds and to fill in financing gaps. These funds should not be used to provide financial incentives to new start-up or relocat- ing businesses within the state. DS -8. State and Local Development Policy (B) The League urges the Legislature to create a state development policy that specifies the state's goals and work plan for economic development and redevelop- 1993 City Policies and Priorities 9 ment, acknowledges that cities are the primary agents to facilitate and coordinate development, and autho- rizes the appropriate tools and revenue sources in a timely manner for cities to achieve those goals. Many communities throughout the state are threatened by physical deterioration and a lack of economic opportunity. As neighborhoods deteriorate, so does a city's ability to combat the problems of crime, homelessness, and unemployment that so often accom- pany community decay. As tax bases dwindle, a city's ability to generate dollars to rehabilitate distressed areas decreases. Revitalization of Minnesota's cities is necessary for continued efficient use of existing local and state investments in infrastructure. Across the state, economic development programs and expenditures are occurring without established policies and goals. Although cities support efforts by the Department of Trade and Economic Development to create an "Economic Blueprint for Minnesota," it provides no recognition of the primary role cities play in improving the economic health of the state and promoting development and redevelopment. The Legislature should also acknowledge this role. The League continues to support state policies which acknowledge the partnership between the state, cities, and community residents, and to allocate the necessary resources and revenue options to cities. Cities urge approval of new workable state enterprise zone or manufacturing job opportunity zone incentive pro- grams. The League also encourages the Legislature to enact a new version of the urban revitalization action program (URAP) to address specific characteristics and demo- graphics which contribute to blight and decay in the central cities, suburban cities, regional outstate centers, and small cities. DS -9. Economic Development Authorities (C) The League supports legislation which would provide city economic development authorities with the same power and authority as those given for port authori- ties. The League believes that it is unfair and unreasonable to grant greater authority and power to some cities in the economic development field and requests the following changes. • Authorize all cities to designate economic develop- ment areas anywhere within their jurisdiction, or in joint powers agreements with other cities to designate area development authorities. Present law seriously restricts the use of these authorities by requiring that economic development areas be contiguous and meet the tax increment finance (TIF) redevelopment/blighted area test. • Authorize debt to be issued for project activities within economic development districts without a referendum. • Authorize the economic development authority to build buildings or structures on land owned by the authority. DS -10. Tax - Exempt Status of Land Cities Hold for Development (C) The League supports granting unlimited tax - exempt status to property cities hold for later resale to pro- mote economic development including removing the time limitation and the provisions which penalize partial improvements or leases to the private sector. Until recently, almost all property a political subdivi- sion owned was granted tax- exempt status. Now, tax exempt status is allowed only for a period of eight years in most situations, or for an unlimited period of years if the property is held for housing programs or is classified as "blighted land" under state law. The policy is intended to create an incentive for political subdivisions to engage in economic develop- ment activities, as well as to promote returning prop- erty to the tax rolls. Unfortunately, it does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. Provisions penalizing improvements and provisions affecting leasing of the property discourage cities from being active in establishing and maintaining local development corporations, controlling their economic development and planning processes, and from being selective about the type of development which occurs in the city. The state needs to understand that cities have every incentive, and make concerted efforts, to get property back on the tax rolls as soon as possible. 10 League of Minnesota Cities 41 Elections and Ethics EE -1. Absentee Balloting (A) The League urges the Legislature to evaluate the results of the increased availability of absentee balloting on voter participation, the incidence of spoiled ballots, and local election costs. The secretary of state should have authority to organize a task force comprised of local election officials; representatives of voter rights, minority, civic, and public interest organizations, and legislators to exam- ine issues such as ballot secrecy; voter identification; use of absentee ballots by political campaigns; alterna- tive procedures for receiving, securing, and counting ballots; and the impact on voter participation (includ- ing increased incidence of voters requesting to vote at the polls after having voted by absentee prior to election day). The Legislature should refrain from making additional changes in absentee election requirements during the next two years if such changes will increase local administrative costs. Task force recommendations should be formally presented to the Legislature for consideration prior to the adoption of proposals to change current statutes on absentee balloting. New statutes making it possible for registered voters to use absentee ballots rather than to vote at the polls needs to be evaluated over the next two years to determine whether such measures have helped increase voter participation. Before counties adopt policies permitting voters to apply for absentee ballots without restriction, cities should be queried about their views, and efforts should be made to coordinate implementation of the expansion of this method of conducting elections. EE -2. All Mail -In Ballot Elections (A) The League recognizes mail -in balloting as a alterna- tive method of election that should be available to all cities, at their option. The Legislature should care- fully evaluate all procedures and state requirements for conducting this method of election to alleviate difficulties with conducting elections by mail. The League also maintains that it is not necessary for the county auditor to approve the city's decision to conduct a local election by mail. The Legislature should authorize the secretary of state to organize a special task force comprised of election administrators, local officials, citizens, representatives of public interest organizations, and lawmakers to examine current rules and procedures for conducting elections by mail. Task force recommendations should propose changes needed in state rules and procedures to make it possible for cities to administer such elec- tions efficiently while protecting the security of returned ballots and assure voter confidence in the results. Conducting elections by mail does not reduce local costs to taxpayers when cities are required to spend more for postage, printing, personnel, and election judge compensation to carry out requirements for administering this form of election. For that reason, the League strongly opposes legisla- tion that would create an unfunded mandate to require cities to conduct elections by mail. The League supports retaining city authority to determine the method of balloting for elections conducted at the local level. EE -3. Authority to Fill Vacancies by Appointment (B) The League supports retaining authority for cities to fill vacancies in local elective offices by appointment. Legislation to prohibit cities from filling vacancies in local elective offices is ill- advised, costly, and creates obstacles to local self - governance. Further, the League objects to measures that would pre -empt local deci- sion- making for any home rule charter city in which the charter may provide authority to fill such vacancies by appointment. Such restrictions undermine cities' authority to conduct regular governmental activities and to carry out statu- tory responsibilities. Vacancies in the offices of mayor, city council, and/or elected city clerk must be filled promptly to assure that a quorum is maintained to permit the city to conduct official business. 1993 City Policies and Priorities 11 There are more than 130 standard -plan cities in which the position of city clerk is elective. It would be irresponsible and unworkable to require such cities to wait until the date of the next regular city election to fill vacancies in that office. In addition, for the nearly 700 cities that hold regular city elections in November of even - numbered years, such a requirement could force the city to hold an extra election in the odd - numbered year, thereby substantially increasing local election costs. Statutory cities have authority to hold special elections to fill vacancies for the portion of the term remaining to permit the rest of the term to be carried out until the next city election. If the vacancy occurs during the first two years of a four -year term, the appointee serves until the next city election when a special election is held to fill the remaining two years of a term, the appointee serves for the remainder of the term. EE -4. Automatic Recounts (B) The League supports returning to 100 votes as the threshold which will determine whether a recount must be conducted following an election. The Legislature should reinstitute the requirement for automatic recounts to be conducted in contests in which the difference of votes cast for candidates is 100 votes or less. Currently, the law requires that recounts be conducted when the difference in votes cast is 200 or less. That has resulted in increased local costs and delay in determining the final outcome of election contests. It is now well documented that such recounts have not revealed errors in counting and have not resulted in a reversal of the outcome of the election in question. Other election requirements sufficiently protect the rights of voters and candidates and assure that balloting will be conducted in a fair and responsible manner. Difficulties which previously prevented mismarked ballots from being counted have been overcome. Automatic recount requirements now are time- consum- ing and unproductive since examination of returns only serves to demonstrate that the initial election results were correct. EE -5. Lobbyist Reporting Requirements (B) The League urges the Legislature to simplify lobbyist reporting requirements for cities and clarify that reporting of city expenses not directly related to lobbying activities is not required The League also urges elimination of requirements for cities to submit separate annual reports to both the state auditor and the State Ethical Practices Board Since the Legislature has enacted comprehensive lobbying reporting requirements for lobbyists and local units of government, it is clearly unnecessary to retain this additional report. Current lobbyist reporting and registration requirements took effect in 1991. It is therefore reasonable for the Legislature to eliminate the additional reporting of estimated lobbying expendi- tures to the state auditor, which was instituted in 1989. EE -6. Precinct Boundaries (B) The League urges the Legislature to support changes in the design of the national census in 200010 require that the U.S. Census Bureau follow election precinct boundaries or clearly recognizable physical features to establish census blocks and tracts. In addition, cities in rural areas and cities with exten- sive areas of undeveloped land have additional con- cerns. In such circumstances it is important for census blocks to be split along physical features or precinct boundaries in order to make it less difficult for cities to redraw precinct and ward boundaries when implement- ing local redistricting plans. Cities must continue to have full authority to determine precinct and ward boundaries which reflect neighbor- hood, community, and geographic factors that impact voters and representation at the local level. Neighbor- hoods are particularly important in the building of community and participation in government. The Legislature should not interfere with or weaken city authority to determine how such political and election boundaries should be established. In 1992, inconsistency in designating physical features for census block units resulted in difficulty at the local level in conforming new precinct and/or ward bound- aries to such federal population units. In some circum- stances, cities were precluded from changing local election boundaries to correspond to census blocks since state law requires that precinct and ward bound- aries follow physical, definable features. 12 League of Minnesota Cities Recent interest in authorizing cities to set precinct boundaries along census blocks lines presents opportu- nities for some cities, but it is also important for changes to be made in the method of designating official census block units to assure that in the future, features such as streets, shorelines, railroad rights -of- way, or other boundaries and lines clearly visible from the ground are used to establish units within which population counts will be taken. Such changes in the method of assigning census blocks will also facilitate the ability to assign geographic information to voter registration information and make it possible to reassign election district and polling place identification automatically by computer when redis- tricting has been accomplished. EE -7. Reimbursement for State Elections (B) The League urges the Legislature to fund the full cost of conducting state primary, special and general elections at the local level. The legislative reimbursement of expenses associated with conducting the 1992 presidential primary demon - • strates that cities can easily document and account for such costs to the state. It is no longer adequate for the Legislature to provide only a minor portion of the funds to cover the actual cost of administering such elections. It is reasonable for the state to pay a portion of the costs associated with state election contests held in conjunction with local elections. Such costs also include expenses incurred for printing and supplying of posters, manuals, advertising, legal publications, and any other materials associated with conducting state elections. EE -8. Reporting Votes for Write -In Candidates (B) The League urges the Legislature not to require cities to compile a list of the names of write -in candidates prior to the official canvass of election results if the number of votes for any such candidate is less than 10 percent of the total votes cast for that office. The Legislature should also allow cities over 2,500 population not to list the name of a candidate who does not submit notice of intent to be a write -in candidate prior to the election. Such persons should be allowed to file notice of intent until 12 noon the day before the election. In smaller cities in which local residents traditionally run as write -in candidates, election officials should continue to count votes cast for write - in candidates who receive at least 10 percent of total votes cast in that election. EE -9. Structure of City Government (B) The League supports city authority to adopt a single - member ward system for city council elections as an option for organizing local representation. The League also supports city authority to determine local government structure, including the form and method of election of city offices. The statutory city code permits cities to select one of several methods of organizing and allows voters to request or the council to make changes. If a statutory city encounters problems that cannot be solved locally, officials can request the Legislature to adopt special authority or determine to adopt a home rule form of government. When voters in a home rule charter city have authority to determine the form of government at the local level, the Legislature should not pre -empt the capacity to make such decisions at the local level. EE -10. Absentee Ballots for Hospitalized Voters (C) LMC supports authority for cities to provide absentee ballots for hospitalized eligible voters, on a limited basis, for people admitted to the hospital after 7 p.m. the night before an election. Such authority should be granted on an experimental basis to determine whether the use of facsimile trans- mission of ballots or other methods devised to aid such voters are workable and can assure that the integrity of the balloting process can be maintained. EE -11. Limiting Local Campaign Contribution (C) The League supports city regulation of contributions to local candidates for election. Attempts by the Legislature to establish uniform limits for local campaign contributions are not necessary or desir- able. 1993 City Policies and Priorities 13 Attempts by the Legislature to establish contribution limits for local candidates is neither necessary or desirable. Cities should continue to maintain full authority to regulate in this area. Decisions about how to limit contributions and total campaign spending should be a local matter. Current state law already requires local candidates to disclose contributions and campaign expenses of more than $750 in any year. EE -12. Local Elections (C) The League seeks to maintain city authority to conduct local elections, particularly when other local units of government also conduct elections on the same date as regular city elections. The League also supports measures to encourage greater voter participation and to strengthen voter confidence in the election process. Continued legislative interest in limiting the number of local elections must be tempered with a realistic concern for difficulties presented as well as for the added city expense for conducting multiple elections. The Legislature must refrain from intruding on city authority to set the date for city elections. Legislative proposals to consolidate all local elections on a single date and year raise serious concerns for cities. Problems associated with overlapping election districts, multiple election issues, voter confusion, ballot secrecy, and the need to establish cost - sharing responsibilities must be overcome before such a plan would benefit voters. City officials support measures to reduce the conflict between incongruent school and county election districts and the corporate city limits and precinct lines. Lack of conformity of school district boundaries with those of cities is a serious deficiency in conducting combined local elections. Cities must retain authority to schedule special elec- tions on ballot questions, bond referenda, and home rule charter amendments and to fill vacancies in city elective offices. Cities resist proposals to designate a single local government election day because of the potential for voter confusion and the need to maintain a public perception of fairness in the election process. Legislators should consult cities when considering requirements to alter school district boundaries. At a minimum, school districts should designate official boundaries along recognizable, physical features. In growing communities, new school district lines should, wherever possible, relate to corporate city boundaries. Changes in school district lines should be done in cooperation with local officials from the cities affected by such changes. EE -13. Optional Poll Hours (C) The League supports modifying state election laws to permit cities with populations of less than S00 outside the metropolitan area to frx hours of polling to begin no later than 10 a.m. for state primary, special, and general elections. Allowing smaller cities to shorten hours of polling corresponds with authority for townships with popula- tions of less than 500 to set a later time for voting to begin for such elections. There are nearly 400 cities with populations of less than 500, according to the 1990 census. Flexibility in hours of polling would permit local election officials to adjust hours in which polling places are open to suit the needs of local voters. Smaller townships are now authorized to set a time for opening the polls no later than 10 a.m. for state elec- tions. Cities would be required to post the change in hours and notify the county auditor 30 days prior to the election. This would provide sufficient notice to voters prior to election day. EE -14. Presidential Primary (C) The League urges the Legislature to continue state reimbursement for costs of conducting the presiden- tial primary. The League supports cost - saving measures for conduct- ing the primary at the local level, and urges the Legis- 14 League of Minnesota Cities • lature to modify state election law to authorize changes in requirements for conducting the presidential pri- mary, including: • Placement of all political party presidential candi- dates on a single ballot; • Nonrotation of candidate names; • Consolidation of precinct polling place locations; • Reduction in hours of polling; • State payment of costs of publishing the sample ballot. State revenues should be used to pay for local govern- ment expenses, including: • Preparation of ballots and election equipment; • Supplies and personnel (including election judge compensation and election administrative and technical staff pay), including overtime; • Advertising, newspaper notices, and postage; • Polling place rentals and transportation related to election activities; and • Costs for maintenance of political party preference identification on voter records and updating of the voter file. If the Legislature does not provide funds from state revenues to cover such costs, the League supports repeal of the law establishing the presidential primary. In the event that the Legislature adopts a statewide mail ballot for the primary, the state should administer and fully fund all local costs of conducting balloting, recording results, and adjusting voter files. EE -15. Removal of Candidate Name From Ballot (C) LAIC supports measures that would allow city offi- cials to remove the name of a candidate from the ballot if it can be demonstrated that the individual is ineligible for election to office because of conviction for a felony without restoration of civil rights, or because he/she is under guardianship or has been found to be incompetent. Cities should be granted such authority up until ballots are printed. Under present circumstances, cities must seek court intervention while facing the approaching deadline for printing ballots. Since it has been clearly established by statute and state constitutional provisions that such circumstances prevent such individuals from holding elective office, cities must be in a position to expedite the decision to keep the name of such ineligible candidates from appearing on the ballot. Failure of the court to act in a timely manner results in the appearance on the ballot of an ineligible candidate, a matter which would then require costly reprinting of ballots prior to election. Reliance on a certified copy of official court records, final orders or judgments should be sufficient to provide the local filing officer with the authority to determine that a person who has filed an affidavit of candidacy or nomination petition is an ineligible voter and therefore his/her name should not to appear on the ballot. EE -16. Schedule for Redistricting (C) The League urges the Legislature to adopt a schedule for congressional, legislative, and local redistricting that permits cities sufficient time to update voter records, supply absentee ballots to voters and make it possible to conduct other elections held during and after the time in which redistricting must be imple- mented In the event the court becomes involved in legislative redistricting, the League urges the court to suspend the timeline for local redistricting until the dispute has been resolved. Counties, cities, townships, and school districts must also hold elections during the period of redistricting, necessitating additional voter registration and adminis- trative changes that must be accomplished simulta- neously with the redrawing of precinct and ward boundaries. Intervening election schedules underscore the need to complete redistricting at the state level as soon as possible following the receipt of official census results. 1993 City Policies and Priorities 15 Decisions on legislative redistricting must be made in a more timely manner because such changes have a substantial impact on other levels of govenunent. Local governments are responsible for accurately recording and correcting voter registration records and the informing of voters and candidates of changes that have taken place. The state anticipates receiving census data the year prior to the deadline for redistricting. Cities have 60 days to redraw precinct and ward boundaries following adoption of a legislative redistricting plan. The state should provide cities with prompt notice of the effect and duration of the court order affecting the deadline for local redistricting. In addition, cities need to have access to census data to redraw local precincts and wards. Incorrect legal descriptions and/or inaccurate assignment of population counts cause serious prob- lems. It should be clear which state agency or level of government is responsible for determining the census data and descriptions of newly redistricted jurisdic- tions. EE -17. Voter Fraud (C) The League urges the Legislature to make it more likely that violators of voter registration and election laws will be prosecute • Make those who fraudulently vouch for persons registering at the polls subject to the same penalties that apply to those found guilty of fraudulent voter registration. • Modify penalties for violation of state voter registration requirements to increase the likelihood of prosecution of offenders, particularly for viola- tions of election day registration provisions. • Make clear that prosecution will result if candi- dates interfere with voters on election day. 16 League of Minnesota Cities General Legislation and Personnel • GLP -1. Comparable Worth (A) The League supports efforts to eliminate any sex - based differences in compensation of public employ- ees but asks the Legislature to revise the pay equity statute to allow local governments sufficient time to comply with newly proposed (adopted) administrative rules regarding compliance determinations. Addi- tionally, the League urges the Legislature to amend the statute to limit the law's applicability to only full - time employees and to clarify that separately estab- lished governmental entities must file separate . compliance reports. To be considered separately established, the governmental entities may have separate personnel systems, separate facilities, separate bookkeeping and payroll systems, and no interrelationships other than budget approval and/or financial assistance In addition, these existing governmental entities must be separately established prior to 1984. The local government pay equity act, first adopted in 1984, has been frequently amended by the Legislature. Significant amendments were adopted in 1990, and in 1991 the Legislature authorized the Department of Employee Relations to promulgate rules to assist the department in determining local government compli- ance with the statute. These rules, which include several new tests, necessi- tate many changes to local government compliance efforts, will take effect almost a full year after cities and other public employers were required by the statute to submit compliance reports. Cities must be granted additional time to comply with these new standards prior to facing imposition of state sanctions which include five percent reductions in financial assistance and $100 per day penalties. Though the rules and the current statute contemplate an automatic extension, the League supports legislative action to delay the imple- mentation deadline to December 1994. At the very least, the Legislature should act to delay imposition of new statistical tests of health insurance contributions, salary range differences, and exceptional service pay programs until December 1994. The rules address other significant issues not previ- ously dealt with by the legislation, including the definitions of employees and employers covered by the act. For the definition of employees, the rules propose using the same definition as in the public employees labor relations act (PELRA). Use of this definition causes two significant problems. First, because local governments use a great number of part-time and seasonal employees in order to effectively and effi- ciently provide important services, many more jobs will have to be included in compensation systems than is the current practice. This will require much more administrative work in establishing job descriptions and ranking jobs which by their very nature are often impossible to accurately describe or value. Second, because benefits, including health insurance programs, are often limited to full -time employees, cities run the risk of being found out of compliance with the pay equity act not because of gender -based discrimination, but rather because of valid distinctions between full - time and part-time employment. The League proposes adopting a definition of employee which would not include any employee working less than 20 hours per week on average or who is employed in a position which is filled less than six months in any year. For the definition of employers covered by the act, the problem is slightly different. The law clearly requires all cities and other political subdivisions of the state to comply. The problem is determining who is the employing agency for a particular group of employees. Historically, employees of certain enterprises such as public utilities, hospitals, nursing homes, and libraries have been considered as separate and distinct from employees of the city. Often, the only connection is that the city council acts somewhat pro forma to ratify the annual budget proposed by the separate entity prior to certification of the tax levy. Unfortunately, it is this feature of formal budget adoption on which the rules focus, regardless of separate payroll systems, personnel rules, salary and benefit systems, etc. The League supports statutory clarification that other aspects of the government structure be considered when making a determination of which governing body is the em- ployer of a group of employees. Finally, because the tests proposed for initial compli- ance determinations do not take into account factors which the statute specifies as justifying compensation 1993 City Policies and Priorities 17 difference, it is improper for public statements of noncompliance to be released by the Department of Employee Relations prior to final compliance determi- nations. The statute should be amended to allow local governments to present all information justifying departures from the mathematically prescribed standard prior to public statements from a state agency that a jurisdiction is "not in compliance" with the law. GLP -2. Minnesota Public Employment Labor Relations Act (PELRA) (A) A. The League supports legislation which modifies the existing interest arbitration process to require arbitrators to give primary consideration to internal equity comparisons and the impact that any arbitra- tion award might have on the personnel compensa- tion systems of the city involved in the arbitration. Further, the League opposes considering any addi- tional employee groups as essential employees. City and other governmental experience with the arbitration process has shown that arbitrated awards generally exceed negotiated settlements. Unlike the state, local governments do not have the authority to reject these arbitrated awards. The Legislature should re- examine binding arbitration as a means of determin- ing pay and benefit issues. The goal of any modifica- tion to the process should be to ensure that arbitrations do not interfere with other state programs such as pay equity. There should not be any additional employee groups placed in the category of "essential employees." B. The League recommends that the Legislature reinstate the previous definition of employees covered by PELRA to people employed for more than 100 working days in a calendar year. The 1983 Legislature reduced the time period that part - time employees must be employed before they are considered employees covered by PELRA. This has resulted in higher wages for some part-time employees, and more significantly, has resulted in cities hiring fewer part-time employees. Legislative action in 1991 caused further confusion, which may also result in a lessening of job opportunities, particularly for students and the disadvantaged. Additionally, many employees who view their work as temporary or transitory in nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Recent legislative interest in cost - saving initiatives at the local level could be substantially promoted by a statutory amendment to enable local governments to effectively use seasonal employees. GLP -3. Tort Liability and Insurance (A) The League supports legislation reducing the expo- sure of cities to civil lawsuits without unduly restrict- ing an injured party from recovering compensation from negligent individuals. The League also sup- ports actions ensuring the availability and affordability of insurance coverage for cities. The growth of tort litigation over the past several years has resulted in increasing liability for governmental entities, private businesses, and individual citizens. Additionally, business practices of insurance compa- nies have played a significant role in insurance pricing. The League supports reasonable reforms addressing both sides of the liability/insurance issue. The municipal tort liability act was enacted in 1963 to protect the public treasury, while giving citizens relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity. The act has served that purpose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens as a result of the act, which includes liability exceptions and limitations. 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 as well as the state. The League recom- mends the following. • Our system of clearly defining and limiting the scope of public liability should continue. The League strongly supports retention of the dollar limitations on governmental liability. The current limits of $200,000/$600,000 seem sufficient at this time but should be reviewed periodically to ensure that those injured are not unfairly compensated and that the limits remain constitutional. The limits should be set at an amount that allows all levels of government to economically procure coverage, and provide sufficient lead time to avoid to the extent possible budgetary problems. Additionally, the limits should conform to the extent possible with coverage limits available from insurers. 18 League of Minnesota Cities • Liability for particular city operations, such as firefighting and park and recreation facilities, should only arise if there is a showing of gross misconduct or gross negligence. • The League favors eliminating joint and several liability except in limited circumstances. The fault - based system of damage awards has apparently eroded. In order to facilitate the return to a fault - based system, joint liability should be abolished in cases where defendants have not acted in concert, and a modified comparative fault system should be used to evaluate the actions of other individuals involved with the injury and assess damages only in proportion to the amount of each person's fault. At the very least, the Legislature should modify recent amendments to the comparative fault statute and eliminate joint liability for governmental and private defendants when they are less than 30 percent at fault. • Recent court cases have indicated potential em- ployer liability exposure to defamation claims arising out of providing references on past employ - ees to prospective employers. The result is that many employers have stopped providing informa- tion on a past employee except information specifi- cally classified as public under the law which must be disseminated upon request. Employers which give information about the job performance of former employees should be presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, there should be no liability for making the disclosure. This provision would not protect knowingly false or deliberately misleading information, but would promote more effective hiring practices and could potentially limit the public's exposure to negligent hiring cases or less than high - quality public employees. GLP-4. Veterans' Preference (B) A. The League supports amending the veterans' preference act to provide that a veteran must select one and only one hearing procedure rather than be able to request both a veterans' preference hearing and a grievance procedure under a collective bar - gaining agreement. Current statutes entitle a veteran to at least two differ- ent hearing procedures to challenge any disciplinary action. This is inefficient and may be unworkable, since the standards for court review of the decisions of veterans' preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court, has indicated that these statutes need to be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pending the hearing when the veteran does not request a hearing within 10 days or when an impartial hearing body determines that the dismissal was for just cause. B. The League supports legislation providing specific time lines to be followed by employers and employees in the veterans' preference discipline or dismissal process, so that an employee must provide notice of their intent to appeal within 10 days and the hearing process must be completed no later than 90 days following a proposed disciplinary or dismissal action. Currently an employee has 60 days from the date of the employer's notice of discipline or dismissal to request a hearing. If a hearing is requested, there are no time lines for holding hearings or rendering decisions. Under this system, a termination decision can, and has, taken more than a year, during which the employee receives full pay and benefits. The result is extremely costly to cities, particularly small cities, which often must hire replacement workers for this period. The League's proposal to provide a more expedited process would not infringe on the employee's right to a hear- ing, but would ensure a more efficient and cost - effective procedure. Additionally, a public employer which has its termination or discipline decision upheld should not be responsible for paying any of the employee's costs of challenging the action and should be reimbursed for any salary paid to the employee pending the hearing. GLP -5. Employee Benefits (B) The League supports legislation promoting the efficient and economical provision of employee benefits including life, health, and dental care for city officers and employees and specifically opposes legislation which authorizes employees or groups of 1993 City Policies and Priorities 19 employees to unilaterally select particular care providers. The League further asks the Legislature to not mandate or grant additional benefits to public employees. The Legislature has frequently granted or mandated additional benefits and workplace regulations appli- cable to public and private employers. While many of these actions have worthwhile purposes, they have a significant impact on local finances and on the collec- tive bargaining process. The Legislature must bear in mind that to the extent that certain benefits are given away unilaterally there is no need to bargain for them, thus allowing public employees to demand other benefits through negotiation. Additionally, while some benefit increases seem to have a minor impact when first considered, they may inflate rapidly in the future or combine with other provisions of law to cause significant expense. While it is unrealistic perhaps for the Legislature to refrain totally from mandating certain benefits, they should consider the ramifications of their actions and understand their substantial role in increasing the personnel costs of local governments. Cities, like all employers, are alarmed at the rapidly rising cost of health care in Minnesota. Further, health care availability is a critical issue in many parts of the state. The League supports efforts to ensure the availability of quality health care at affordable costs. Employers who currently provide health care benefits for their employees, however, should riot have to pay twice. Some past legislative actions have limited cities flexibility in selecting health care providers. Specifi- cally, as an element of the creation of a statewide health plan for public employees the Legislature provided that exclusive representatives may unilater- ally determine whether their employees will participate in the state plan, leaving only the proportion of pre- mium paid by the public employer subject to bargain- ing. The result may be additional administrative or personnel costs to the public employer. The Legisla- ture should eliminate the unilateral selection authority it has granted exclusive representatives. GLP -6. Employee Training and Education Requirements (B) The League opposes any additional state - imposed employee training, education, or certification pro- grams, but supports the availability of technical and financial assistance from the state for local or regional training and education programs. The Legislature has recently considered proposals to require state certification for firefighters and dispatch- ers, and four -year college degrees for police officers. There have been other related proposals, all which seem to ignore the significant impact on local recruit- ment and retention and cost containment efforts. Rather than respond with additional state requirements, the League supports efforts by the state to make training programs more readily available for local employees as well as financial assistance by the state to encourage local governments to provide additional training and educational opportunities for their employ- ees. Further, alternative methods should be provided for entry into these positions. GLP -7. Local Police and Paid Fire Relief Associations (B) Local police and fire relief associations, with city consent, should be encouraged to merge into the PERA police and fire funds under the uniform policy enacted during the 1987 legislative session. Any amendments to the policy should lower city consolidation costs while fully protecting the solvency of the PERA police , and fire fund. If the Legislature determines that "escalation" (pen- sions adjusted by the percentage increase of wages of active members) presently in effect does not offer adequate inflation protection, that mechanism should be adjusted or abolished. However, no new mecha- nism such as that authorized for Minneapolis police or firefighters in Laws 1988, Chapter 319, should be authorized while "escalation" remains in effect. The League supports changes in actuarial assumptions relating to salaries and investment return to more truly reflect experiences. The LMC opposes payment of any type of bonus to active or retired members (13th check) as a part of actuarial assumption changes. The League opposes legislation that provides for reductions of state amortization aid to local police and fire relief associations. 20 League of Minnesota Cities If, despite city objections, the Legislature authorizes another benefit increase for local police and paid fire members, all costs of the benefit increase should be • borne by the state. The establishment of multiple mechanisms to make post retirement adjustments to protect retirees in local police and paid firefighter pension plans is illogical, confusing, unnecessary, disruptive, and expensive. GLP-8. Open Meetings and Data Practices (B) The League supports legislation creating a procedure for local governments to obtain from the state fast and reliable review of dissemination requests and receive protection from any claim brought following release or nonrelease based on the state review. Further, the League supports additional amendments to clarify the procedures cities should follow when the open meeting law conflicts with the data practices act. The Legislature should modify the data practices act in two areas. First, the Legislature should create a process at the state which would allow cities to forward dissemina- tion requests from the public to an individual or board at the state for an opinion on the proper response. The League would support this process only if any local government receiving the opinion would also receive protection from any claims brought as a result of actions taken in reliance on the opinion. Second, the Legislature should either preclude the private, commercial use of governmental data or allow local units of government to charge the actual costs of compiling data or separating public from private data when the dissemination request necessitates significant staff work. The Legislature also needs to reexamine the interrela- tionship between the open meeting law and the data practices act in light of statutory amendments made in 1991. The intent of the open meeting law is to ensure, within practical limits, the access of persons to the actions and motivations of government. The data practices act is intended to ensure, within practical limits, the privacy of persons who willingly or unwill- ingly become involved with their government. When private or other classified information must be dis- cussed by a public body subject to the open meeting law, as inevitably it must in many situations, the government is forced to attempt to meet two conflict- ing statutes. The Legislature has attempted to identify likely areas of conflict and to provide clear rules for local govern- ments to follow. Unfortunately, not all circumstances can be anticipated nor remaining ambiguities ad- dressed. The League supports amendments addressing the following issues: • Do veterans preference hearings and civil service proceedings qualify as arbitrations which extend the period during which supporting documentation remains private or confidential? • If these proceedings also qualify as arbitration, how do local governments deal with the different appeal periods and processes; is the data private until all administrative appeal periods lapse? • Do individuals have to be notified of their right to have an open hearing, thus in effect waiving their right to privacy? • What reasonable efforts must a local government make to keep private data which must be discussed publicly? • What are the rules when data or meetings involve both private and public data? City officials are making good faith efforts to comply with both laws. Without additional clarification, however, the Legislature must realize that city officials owe it to their constituents to limit the city's exposure to liability. Consequently, cities will continue to be conservative in releasing data where there might be potential liability. Further, it seems absurd to continue data classification as private if governing bodies must discuss it publicly. The logic of the Annandale deci- sion is sound and the League urges the Legislature to return to the rule that if private data is discussed it must be discussed privately or alternatively that the current data classification system should be replaced by a more flexible system dealing with government information practices. 1993 City Policies and Priorities 21 GLP -9. Prevailing Wage (B) The League believes that wages paid on public contracts should be consistent with wages earned by people working at similar jobs in the community. The League urges the Legislature and the Depart- ment of Labor and Industry to work together to modify the prevailing wage system to make it more equitable and to help control the costs to local governments. The League supports reasonable administration of prevailing wages for projects that receive assistance from local governments or from the state, including grants, loans, tax- exempt bonds, and all other forms of assistance provided by the government agencies. This control should not unduly limit truly local revenues. The present administration of determining wages uses the "mode" calculation. It designates the wage earned by the greatest number of people in a job class as the prevailing wage. This calculation is flawed, and can either under estimate or over estimate representative wages in a community. A "weighted average" of the wages paid for the job class during the year is a more accurate reflection of wages paid. Requiring prevailing wages, calculated under the existing method, often overpays for public projects. This results in more costly public projects, higher local taxes or limits on other city services, and limits the size of projects or makes them too costly to do. Current administration of the prevailing wage system imports wages from neighboring counties, resulting in metro -area wages being paid across the state. If a particular job class does not have sample wage to determine subsequent wages for that job class, the current system may force the local government to use the wage rates paid for the closest area wage for the category—often the higher wage rates which are paid in the metro area. The League commends the analysis of these problems, and the recommendations for modifications and corrections to the prevailing wage system which was prepared by the Department of Administration (April 1991). GLP -10. Public Contracting (B) The League supports legislative action to clarify and modernize state laws regulating city contracting for improvements, services, and materials. Any change should maintain cities' flexibility in contracting. As governmental bodies, cities have an obligation to engage in fair public contracting practices. State laws have attempted to provide guidance to local govern- ments in their contracting practices. The League supports legislation updating these statutes to reflect inflation and to modify provisions to meet current needs. The League supports amending Minn. Stat. 574.26 to allow the use of letters of credit or other securities acceptable to cities as alternatives to expensive to obtain and difficult to collect on performance bonds. Cities are in the best position to determine which form of security best protects public funds. GLP -11. Public Employees Retirement Association (PERA) Benefits, Financing, and Administration (B) The following principles should govern any changes the Legislature makes in the Public Employees Retirement Association (PERA) and the other state- wide pension plans. A. The League opposes any change in the PERA rule of 90 or the current early - retirement reduction factor for current employees, especially vested employees. Members have provided substantial service in reliance on these beneficial and supposed permanent fund features. B. The League opposes modification of the "high five" formula. The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employ- ees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for man- ipulation of service and salaries to maximize pension benefits without proportional contributions to the fund. 22 League of Minnesota Cities C. The 1989 Legislature made major benefit improve- ments, and changed statutory assumptions and the time table for full funding. Substantial experience with the new law should be gained before any signifi- cant changes are authorized by the Legislature. Any reductions permitted by excess reserves or excessive current contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall employee salary or in the case of police and fire, in the same percentages as contributions are made. GLP -12. Recovery of State Program Administration Costs (B) The League supports removing limitations on the ability of local governments to charge fees or other- wise raise revenues to pay for state programs. Addi- tionally, the Legislature should adopt statewide processes which further local administration of state programs. All levels of government are finding it difficult to finance governmental programs and law enforcement activities. The League supports continuing efforts to internalize program costs and to provide financing for law enforcement activities through forfeiture statutes and other means. Specifically, the prohibition on collecting local handgun permit fees should be re- pealed; license renewals and/or motor vehicle registra- tions should be used as a means of collecting unpaid fines, penalties, or other governmental fees; and forfeiture assets should be left as a resource primarily for local enforcement activities. GLP -13. Stalking and Other Harassing Behavior (B) The League supports legislation addressing the issue of stalking and other forms of harassment. Existing state law is inadequate to prevent harassing behavior such as regularly following or shadowing an individual. This type of conduct has often been a precursor of violent conduct and should be addressed by state legislation since local boundaries make effective regulations difficult to adopt and enforce. Legitimate monitoring or tracking operations of employers should not be impacted by state law in this area. GLP -14. Utility Service Territories (B) The League supports legislation confirming the power of Minnesota cities: 1) to require franchises of all non - municipal electric, gas, telecommunication, steam, and hot water utilities as a precondition to service within municipal boundaries; and 2) if a city has or starts a municipal utility, to serve all territory within city boundaries upon payment of two times the current annual gross revenues plus the depreciated value of physical property in the service territory acquired. In order to plan in the most effective and economical way for city economic development and infrastructure needs, including those not directly related to gas and electric or other services, cities need substantial controls over the type, location, cost, and layout of electric, gas, and other utilities. They must also be able to cause relocation of the same without great public expense. Recent decisions of the Public Service Commission have called into question city powers to franchise in or serve new areas of the city. Rigid service territory boundaries established by the commis- sion must be subject to practical modification to best serve the needs of city residents and the state as a whole. GLP -15. Volunteer Firefighters (B) The League of Minnesota Cities supports legislation that would increase the maximum lump sum volun- teer pension over several years; would validate present pension payments in excess of statutory limits; would clarify that limits set out in statute are absolute maximums; and create a longev- ity award system to encourage participation in volunteer public ambulance systems. GLP -16. Cable Communications (C) The League supports strengthening the existing Minnesota cable act. Minn. Stat. Chapter 238, in its present form, is very important to local governments because it protects cities' rights to enforce local standards and cable operator commitments for technical, construction, and programming performance. 1993 City Policies and Priorities 23 Any changes should strengthen the authority of local governments to franchise and regulate cable communi- cation systems in their communities. Additionally, the state should reinstitute active moni- toring, administration, and enforcement of cable with specific reference to the proper filing of initial and modified franchise ordinances, franchise renewals, and transfers of ownership. Relationships between local franchising authorities and cable operators are defined at the federal level by the cable communications policy act of 1984, as well as the recently enacted 1992 cable television consumer protection and cooperation act, at the state level by Minnesota Statutes Chapter 238, and at the local level by local cable franchise ordinances. In 1985, the Legislature abolished the Minnesota Cable Communications Board, an appointed body of the Department of Administration which promulgated and enforced cable legislation and accompanying rules. This legislation codified some previously existing board rules into statutory form and reassigned respon- sibility for telecommunications from the board to the commissioner of commerce. However, in 1987 the Legislature discontinued any state enforcement for cable. GLP -17. Gopher State One -Call (C) The League supports exempting cities and other local units of government from the Gopher State One -Call excavation system. The 1987 Legislature enacted a one -call excavation notice system. Among other requirements, the law requires local governments that issue permits for an activity involving excavation to continuously display a state prescribed excavator's and operator's notice, and to provide all permit applicants a copy of the state law (Minn. Stat. 216D.02). All excavators are then re- quired to contact the state notification center at least 48 hours prior to excavation (except in emergencies). The center is then to contact all operators of underground facilities (cable television, phone, electrical, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and other similar substances) in the area which in turn are required to mark their facilities within 48 hours. Although labeled as a one -call notification center, the system has resulted in multiple contacts. For instance, an excavator will apply to a city with an excavation permit system. The city will notify the excavator of the state law requirements. The excavator then con- tacts the state notification center which in turn will contact the city, among the operators, of an excavation the city already knows about and will charge them for the notification. This aspect of the system is absurd and should be modified to exclude notice to cities when they have an excavation permit system which triggers the system. The Legislature should conduct a review of the one- call system to determine if it is being operated effi- ciently and to determine if its billing practices should be changed. GLP -18. Liquor Issues (C) The League opposes the establishment of one class of beer and the off-sale of wine in other than liquor stores. 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 fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishments having different hours of operation. GLP -19. Military Leaves (C) The League recommends that the statutes be amended to provide that when an employee is tempo- rarily absent because of short -term military service, the employer pay only the difference between military pay and the public pay, rather than the full public salary. 24 League of Minnesota Cities • Under current law, a city employee, as well as any other public employee, is entitled to leave with full pay and accrual of seniority status and other benefits for all the time the employee is engaged in short-term (15 days or less) military service while receiving full military pay. Cities, particularly those which must hire part-time replacement employees when others take military leave, suffer a significant financial hardship not shared by private sector employers who are not required to provide short-term paid military leaves. Public employees should only have to pay the differ- ence between the employee's military pay and their regular wage for this 15-day period. Any longer leave period should be without pay and the accrual of seniority and other benefits should be suspended for military leaves beyond 30 days. Finally the law should be amended to limit its applicability only to annual leaves with the 15 days being taken consecutively, which would eliminate the current ability of some public employees to arrange their 15 days of paid leave to be taken one or two days at a time throughout the year. GLP -20. Presumptions for Workers' Compensa- tion Benefits (C) The League supports modifications to the workers' compensation statutes (Minn. Stat. 176.011, sub& 15) which would restrict presumptions of occupational diseases to apply only after an employee can establish an absence of personal risk factors that could have caused the disease or illness. The law allows for the legal presumption that police officers, firefighters, paramedics, emergency medical technicians, and nurses contract certain diseases or illnesses due to their employment. Employers must then rebut the presumption by introduction of evi- dence. This burden is difficult and increases the chance that employees receive compensation for non - work caused illnesses and diseases. Currently, the law provides the following presumptions for the following personnel: • Police and fire — myocarditis, coronary sclerosis, pneumonia or its sequel; • Police, fire, paramedic, emergency medical techni- cian, nurse — infectious or communicable disease (exposures outside of a hospital); • Fire — cancer. All of the listed diseases or illnesses are common to the entire population and an equal or greater correlation may exist between the specific illness and the individual's personal risk factors such as smoking, diet, exercise, heredity, and lifestyle than the correla- tion between the job and the illness. For this reason, the League supports legislation limit- ing the presumption to cases where the employee can demonstrate limited personal risk factors, or alternately the Legislature should clarify the right of a local government employer to prohibit smoking on or off - duty and to require other measures to limit non -work causes of these illnesses and diseases. 1993 City Policies and Priorities 25 Land Use, Energy, Environment, and Transportation LUEET -1. Solid and Hazardous Waste Management (A) The League supports state programs designed to minimize or eliminate the need for landfdling solid and hazardous wash The problem of regulating, controlling, and disposing of solid and hazardous waste will continue to be a major environmental issue both nationally and in Minnesota. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League, other local governments, and citizens and we commend the Legislature for its actions. The existing waste management and control system for handling and disposing of hazardous materials central- izes responsibility at the state level, but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection, counties to regulate or operate existing resource recovery or disposal facilities, and the state to coordi- nate responsibilities and plan for future disposal needs. Both systems should foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environ- mentally sound disposal for the remaining waste. The system appears to be working, and therefore the League does not perceive a need for major changes to existing legislation at the present time. But any future legislation that may be considered should enhance and not diminish the emphasis on these concerns. • The League supports efforts aimed at avoiding or reducing the creation of solid and hazardous waste. These efforts should include disincentives for creating hard to dispose of items and notifying consumers of the ease or difficulty of disposing of materials prior,to purchase. The League supports efforts at the state and federal levels to institute financial incentives to avoid single -use packaging materials. The state should not preempt local regulatory authority in the absence of an effective, statewide regulatory framework or program which is at least as strong as regulations already adopted by cities. Further, financial or other incentives should be used to encourage environmentally acceptable product generation and handling. • The League supports the prohibition of disposal of unprocessed solid waste in landfills, as cost - efficient and environmentally safe alternatives are developed and funding is provided to cities to implement their responsibilities. Ash from waste to energy facilities should continue to be regulated as a special waste. • Funding for recycling, reduction, and abatement efforts. The League supports alternatives to general taxes as sources of financing conservation efforts. These alternatives can include specific taxes, additional fees on landfill or disposal facility users, and state or county grants and loans. Finan- cial assistance programs need to be regularly reviewed and continued if necessary to effectuate waste reduction. Changes in financing should be implemented in a manner which avoids budgetary disruption. The Legislature should continue to fund educational and operational pilot program efforts on the subject of solid and hazardous waste disposal, including alternatives for the disposal of household hazardous waste, such as those pro- moted by the household hazardous waste reduction project. The League also supports legislation requiring that the six percent garbage sales tax (SCORE tax) be distributed directly to the local unit of government that actually operates the recycling program within that jurisdiction. • Siting process. The siting of solid waste facilities has become extremely difficult. The Legislature should continue to consider siting issues and provide additional incentives or mechanisms to encourage siting of necessary facilities. • Clean -up of hazardous substance locations. The clean -up and decontamination of existing hazard- ous waste sites, including closed municipal land- fills and dumps, should continue before there is further damage to public health and environment. The League supports the continuation of the state Superfund program, including its liability provi- sions, for most sites, but supports the creation of a separate landfill clean-up program financed out of a tax or fee on toxic materials. Regardless of the 26 League of Minnesota Cities clean -up program established, local governments should be protected from extreme clean -up costs, or costs which do not directly relate to their contribution to the problem. • Management of solid waste collection and dis- posal. Cities should retain their existing authority to organize collection and regulate solid waste facilities and should not be required by statute to compensate parties for changes in regulations nor have their local authority to regulate land uses unilaterally overridden by other levels of govern- ment. LUEET -2. Transportation Systems Funding (A) The League urges the Legislature and the governor to take action to provide adequate state revenues for street, highway, and transit programs for city, county, township, and state roads, and to ensure the avail- ability of necessary matching funds for ISTEA funding for both transit and roads. The League supports an increase in the gas tax to meet the funding needs for roadways, and the dedication of a new or existing revenue for transit programs state- wide. Meeting future needs will require integrated planning and implementation of these modes of transportation. Cities understand that an efficient transportation system is a vital element in planning for fiscal, eco- nomic, and social development at state, regional, and local levels. The economy of the state and its cities are dependent on the effective movement of goods and people, particularly for agriculture and tourism. It is therefore necessary to establish and adequately fund long -range highway and transit needs to assure the vitality of the state's economy. The League urges the state to consider using multiple revenue sources which have adequate growth potential to meet increasing transportation needs, including: gas tax increases, sales tax on services, automobile registration fees, license fees, wheelage taxes, and other types of user fees. The League urges the Legislature and the governor to acknowledge the immediate need for planning, coordi- nation, and funding, particularly in light of the recent passage of the Intermodal Surface Transportation Efficiency Act (ISTEA). Cities, counties, and metro- politan planning organizations (MPOs) recognize their increased role to assist the state in planning and prioritizing the needs of Minnesota's transportation system. Cities encourage MnDOT to promote a process of local decisions being made by local govern- ments. Cities of all sizes across the state also recognize that they do not currently have adequate or diversified sources of revenue to meet their increasing demands and the role they will play in maintaining the statewide transportation system. A modern, accessible transit system is a vital element of the state's transportation system and should be provided statewide to meet local needs. Minnesota should pursue its commitment to public modes of transportation with goals of: meeting the mobility needs of our citizens, improving accessibility and efficiency of current transit programs, and reducing automobile congestion and overall energy and environ- mental concerns. The motor vehicle excise tax (MVET) is one of the most appropriate sources of funding to be dedicated for transportation purposes. If the Legislature and the governor are unable to acknowledge this prior commit- ment of these funds, it is vital that they acknowledge their responsibility to dedicate other revenues for road/ highway and transit purposes. Requirements for the local match for transit programs should not be increased, but the League supports authority for special local tax authority to be used to fund enhanced or specialized transit services which are locally determined to be necessary. Imposition of local taxes should not, however, affect the state responsibil- ity of funding for these transit services. Environmental concerns and the need to conserve energy require the use of alternate modes of transporta- tion to meet the diverse needs which exist in various communities and regions of the state. Increased support should be provided for innovative and intermodal transportation programs and policies. All levels of government in Minnesota should continue to encourage increased energy conservation, travel demand management, ride -share programs, alternative fuels, bicycle facilities, and research and education of such options. The state should also acknowledge the importance of local bridges to the statewide transportation network. The bonding program should be continued at an annual 1993 City Policies and Priorities 27 level of at least $30 million in order to provide the necessary funds for cities, towns, and counties to replace and repair local bridges. Additional bonding authority should be made available for new bridge construction across the state. LUEET -3. Transportation Utility Fee (A) The League urges the Legislature to authorize cities to create, at their option, a transportation utility. Such authority would acknowledge: the effects of limited local revenues and cuts to the state aid revenues; the benefit to all taxpayers of a properly maintained local transportation system; and the severe limitations of existing special assessment authority. A transportation utility, comparable to the statutory authority for cities to operate storm sewer utilities, would provide a stable, long -term, dedicated funding source for reconstruction and maintenance of city transportation facilities. Current transportation funding options available to cities are inadequate. Current special assessment law, Chapter 429 (Local Improvements, Special Assess- ments) does not meet cities' financing needs because of the benefit requirement. The law requires a minimum of 20 percent of such a project to be specially assessed against affected properties. In practice, however, proof of increased property value to this extent -- benefit --can rarely be proven for regular repair or replacement of existing transportation infrastructure. I Alternatives to financing through the use of Chapter 429 authority are nearly nonexistent. The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, and storrnsewers. The stormsewer authority (1983), in particular, set the precedent for a process of charging a fee on a utility bill for a city service or infrastructure which is of value to the entire city without metering and without proof of property value increases (benefit). A transportation utility would use technical, well - founded measurements, based on traffic generated. It would equitably distribute the costs of providing local transportation services, including properties which are exempt from the property tax. Authority for cities to operate a transportation utility would reduce the need for cities to incur the additional costs of debt in order to finance major reconstruction and maintenance projects. It would also limit the frequency of large special assessment charges on individual property owners. In addition, the transporta- tion utility would allow funding of local transportation system needs with no additional state costs. Finally, authority for this utility will be enabling only. Cities will need to individually weigh the benefits of such a tool for their long -term maintenance and reconstruction transportation needs and have their city councils approve the use of the utility. LUEET -4. Wetlands Conservation (A) The League, along with many other governmental associations, supported passage of the 1991 wetlands conservation act. Experience gained by administra- tion of the interim program and participation in the rule- writing for the permanent program indicates a need for additional legislative action. Specifically, the League supports the following legisla- tive initiatives. • Remove the $75 limitation on replacement plan reviews. Since all proposals to alter, drain, or fill a wetland involve a substantial expenditure of local staff time, including, but not limited to, profes- sional engineers or hydrologists, any limitation on cost recovery less than actual expenses means that the general taxpayer is subsidizing the proponent of an activity which, by definition is potentially adverse to the environment. • Clarify that the technical review panel, contem- plated under the law, is advisory to the local government unit administering the act and not the sole determinant of questions regarding typing, delineation, public values, and the adequacy of replacement plans. • Amend the governmental oversight process so landowners can clearly understand which govern- ment unit needs to review a proposal, and refine the system to ensure expedited reviews of propos- als consistent with the environmental goals of the program. • Provide for state defense and indemnification of local governments administering state laws for any "taking" claims which property owners might allege. 28 League of Minnesota Cities • • Make wetland replacement requirements equal between urban and non -urban land at a 1:1 ratio. LUEET -5. Annexation (A) A. The League supports legislation restricting further urban growth outside city boundaries and facilitating the annexation of urban land to cities. Public policies which encourage substantial develop- ment in non -urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and counter- productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state should include as a major objective their preservation and wise use. Particular attention should be given to the issue of development and the delivery of governmental services to urbanizing fringe areas. In the metropolitan area, the Legislature should not modify the existing frame- work for restricting or guiding development absent careful study and input from metropolitan cities and their associations. State law should continue to encourage the preserva- tion of shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends the following. • State statutes regulating annexation should make it easier for cities to annex developed or developing land within unincorporated areas which the annex- ing city has designated as a growth area. It is unfair to city residents to have individuals avoid paying their fair share for municipal services provided by the city government by living in the fringe area around a city. • Cities should be given the authority to extend their zoning ordinance and subdivision controls up to two miles outside the city's boundaries regardless of the existence of county or township controls, in order to ensure conformance with city facilities and services. B. The League also supports legislation restricting . the ability of individual property owners to petition the Municipal Board to detach their land from one city and to annex it to an adjoining city. In 1985 the state's annexation statutes were amended to allow an owner of land to petition the Municipal Board for concurrent detachment and annexation. Prior to 1985, only the affected cities could begin the process. Since the amendment, several instances have arisen where owners have petitioned the board because they were dissatisfied with land use or development assistance decisions made by the host city. The Legislature should either repeal the property owner petition provision or provide the affected cities a right to veto the petition. At the very least, the Legislature should provide a list of factors for the Municipal Board to analyze when considering requests for concurrent detachment and annexation. LUEET -6. Municipal State Aid System (B) A. In order to more adequately represent the current eligible miles of city streets, the League supports raising the municipal state aid system (MSAS) limit to 3,000 miles. This would be an administrative change and would not affect the actual distribution of MSA funding. Existing law limits the system to 2,500 miles and total mileage currently in the system is approximately 2,300. This mileage increase for the system is neces- sary to accommodate cities reaching the eligible 5,000 population threshold and mileage being added by currently eligible cities. B. The population factor of the municipal state aid system should be changed to reflect annual popula- tion updates based on estimates from the state demog- rapher or Metropolitan Council, rather than reliance on federal or special census counts. C. In spite of the consolidation of the two metropoli- tan state construction districts, 5 and 9, in 1989 -90, the League supports legislation which continues the previous metropolitan membership on MnDOT committees to ensure that adequate statewide repre- sentation continues. By law the MSA Screening Committee consists of one member from each highway district and from each first class city. The unintended effect of combining the metropolitan districts reduces metropolitan representation on this body. D. Modify the existing system for municipal comment on fund apportionment and design standards on 1993 City Policies and Priorities 29 county state aid roads. Representatives from cities, counties, and the Department of Transportation Office of State Aid should review and make recommendations for a mechanism to mediate municipal approval of these county projects. LUEET -7. Railroad Right -of -Way Preservation (B) The League urges the Legislature to acknowledge the importance of abandoned railroad grades, and to work to preserve future abandonments for public use. Over 50 percent of Minnesota's railroad grades (5,000 miles) have been abandoned in the last 60 years and an additional 1,000 miles are projected to be abandoned in the next decade. These grades have great public value, for transportation, communication, recreation, and environmental purposes. Bicycle or hiking trails, snowmobile routes, light rail lines, utility corridors, The ability of cities to comply with any clean water transmission corridors, and pipeline corridors are just a program is contingent upon the availability of adequate few examples of important future uses of railroad funds for treatment facilities. Since 1978, federal grant grades• funding for the wastewater treatment construction grant program has been rapidly phased out. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to limited revenue sources. LUEET -9. Wastewater Treatment (B) The League supports continued state and federal assistance, and alternative programs, which provide financing for wastewater treatment construction projects. Clean water is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfortunately, the costs involved in providing cleaner water are staggering. Because of the incredible cost, it is economically impractical to immediately eliminate wastewater pollution. Therefore, all levels of government must take a reasonably balanced approach to solving the wastewater pollution problem. The public cost to acquire these rights -of -way increases substantially once grades have been abandoned or sold off in small parcels. Because future abandonments are unpredictable, the time for public acquisition can be relatively short, and numerous governments may be involved, the state needs to become involved to ensure preservation of these corridors until such time as the future public use can be determined. LUEET -8. Transportation Services Fund (B) The League encourages further clarification and separation of transportation- related spending of the highway user distribution fund and those non - highway or non - transit purposes which should be funded from the transportation services fund Funding for local and state roads, for facilities, opera- tions, and maintenance should be clearly appropriated from the highway user distribution fund. The League opposes diversion of these funds for other state pro- grams (such as the Department of Public Safety, Tourism, the Safety Council, river parkways, etc.) which do not directly benefit the transportation or transit systems in the state. These operations should be funded directly through the state's general fund. The League supports the establishment of a transportation services fund by the 1991 Legislature as a positive first step toward this policy. • The League supported creation of both the revolv- ing loan fund and the state independent grants program and continues to support state financial assistance which is based on the economic ability of each local government to finance its wastewater treatment infrastructure. The programs should be streamlined to minimize delays caused by state agency reviews of economic and engineering matters. Funding priorities should be established based on the environmental sensitivity of the receiving waters and the quality of the effluent discharged from the facility. • The League opposes efforts by either the state or federal governments to institute enforcement actions or impose increased fees or charges against communities for failure to meet effluent standards while at the same time assigning these communi- ties a low priority on the needs list for state and federal funding. • The League supports recent PCA efforts to have agency staff available to communities as resources for operator assistance, evaluation of treatment needs, educational or liaison efforts, and rate- 30 League of Minnesota Cities • setting assistance. The League particularly sup- ports the use of neighboring city staff as additional advisors for communities. The League requests that the Legislature provide additional staff and resources to the agency to continue and expand the community assistance program. • Financial assistance programs should not penalize communities that have adjusted their local utility rate system or reserve funds to meet facility financing needs. • The League supports restricting eligibility for on site system financing to areas which are not readily able to connect to existing or programmed city sewage facilities. • The League opposes direct or indirect restrictions on construction of new city facilities if these restrictions are inconsistent with other state or regional development controls. LUEET -10. Water Conservation and Preservation (B) The League supports state water conservation and preservation programs that maintain a significant role for cities and provide adequate financial assis- tance and flexibility. In order to safeguard the public health and the environ- ment it is necessary to conserve and preserve our water resources. Many watershed districts, counties, cities, and towns have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost - effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management prob- lems, instead of establishing a new system or creating new organizations. The League supports, as a basic principle, that no one has the right to pollute either ground or surface water resources. A reasonable relationship of economic and social costs and benefits should be a precondition toward achieving a goal of non - degradation or treat- ment resulting in clean water. The ability of cities to • meet goals must be recognized as contingent upon the availability of adequate funding, including state assistance. These principles should apply to both the protection of our drinking water supplies and the operation of municipal services. The League supports the following groundwater and surface water protection initiatives. • Increasing the fee on gasoline for petrofund clean- ups in order to shorten the delays currently being experienced by property owners. The Petrofund Board should be empowered to increase the fee as needed to meet the requests for reimbursement in a timely fashion. Additionally, greater controls on the program may be necessary to eliminate fraud. Finally, the League encourages greater standardiza- tion of clean-up actions to minimize delay and costs. • Continuation of the state's safe drinking water act compliance program which undertakes federally mandated tests on behalf of cities. However, re- examination of the water connection fee imposed by the Department of Health on connections to public water supplies should be undertaken. The fee should be modified to eliminate the inequity in the current $5.21 per year fee being collected from community supplies but not from non- community systems. Additionally, measures to ensure that testing is accomplished in a cost - effective manner should be adopted, including the use of private sector laboratories. • Local units of government should retain the basic responsibility for surface water management, because they are closest to the problem. Efforts to minimize duplication in regulatory programs should be continued. • The League supports a full legislative review of all water - related permit fees and opposes the imposi- tion of these fees on local units of government to the extent that the actual costs to the state cannot be specifically justified and only serve as an alternative means for the state to raise revenue. If fees are determined to be properly imposed on governmental units, the fees should be based solely on the cost of actually providing governmental services to the political subdivision, and private 1993 City Policies and Priorities 31 sector alternatives should be made available to ensure minimal costs to local taxpayers. LUEET -11. Zoning, Subdivision, and Planning Statutes (B) The League supports the recodification of the exist- ing planning enabling statutes but opposes changes that would restrict cities' current substantive and procedural flexibility to address unique circum- stances. Minnesota's zoning, planning, and subdivision statutes and regulations are essential to promoting economic development, preserving environmental resources, and ensuring the efficient delivery of public services. The governor's advisory council on state -local relations conducted a thorough review of the state's planning and zoning laws. The League participated in this study. A subcommittee of local elected officials was formed to review the recommendations developed by a technical committee composed of planning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation, and draft legislation has been prepared, reviewed, and modified by cities throughout Minnesota. The League supports passage of the legislation as currently pro- posed. LUEET -12. Energy Conservation (C) The League supports legislation providing incentives for energy conservation in both the public and private sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sectors are being developed based on the rationale that conserva- tion efforts achieve the greatest energy savings at the lowest cost. Many of these efforts are receiving valuable assistance from the state. The League believes that a city's individual energy conservation strategy can be accomplished if the Legislature permits or establishes some of the follow- ing measures. • The League recommends support of the use of bonding and special levies by local governments for implementation of energy conservation mea- sures, including building energy audits. This authority would supplement the current municipal energy loan program. The Legislature should also continue to encourage private sector conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth- sheltered, solar, super - insulated, and under- ground development. • The League supports efforts to promote statewide applications of district heating and cooling technol- ogy including: providing additional funds or the ability to special levy for conducting district heating and cooling feasibility studies at the community level; ensuring consideration of district heating and cooling potential in the power plant siting process; and continuing use of the state district heating bond program for renovation of existing district heating and cooling systems. • Rising energy costs will continue to place a burden on the economic vitality of communities in Minne- sota. The League recommends: continuation of the fuel assistance program for low - income households, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatherization programs if the recipient is the owner, support for weatherization programs operated through cities, counties, and community action program agencies; and continued support for the Minnesota Housing and Finance Agency's loan and grant program for home weatherization. • Local governments are in the best position to assess local needs and regulate energy consump- tion within their communities. The League recommends giving any municipality the option to adopt and enforce standardized provisions or appendices regarding energy conservations that are more stringent than the state building code. LUEET -13. Environmental Trust Fund (C) The voters have approved a constitutional amend- ment for the creation of an environmental trust fund, 32 League of Minnesota Cities • and the Legislature should act promptly to include as eligible programs wastewater treatment facilities, superfund cleanup actions, and solid waste disposal facilities, except the siting of new incinerators. The 1988 Legislature concluded that all Minnesotans share the responsibility to ensure wise stewardship of the state's environment and natural resources for the benefit of current citizens and future generations, and that the proper management of the state's environment and natural resources requires foresight, planning, and long -term activities that allow the state to preserve its high quality environment and provide for wise use of its natural resources. In order to provide a long -term, consistent, and stable source of funding, the Legisla- ture asked Minnesota's citizens to approve the creation of a constitutionally dedicated environment and natural resources trust fund financed by one -half of the state lottery (with voter approval) and other state appropria- tions. The ballot indicated that the environmental trust fund "will be used for air, water, land, fish, wildlife, and other natural resources." The voters approved the measure overwhelmingly. Although the fund is constitutionally created, the • eligibility of programs and projects for funding is set by statute. Current law provides that the following programs or projects are eligible for financing from the trust fund: • RIM (Reinvest in Minnesota), a program encourag- ing the use of marginal agricultural land as wildlife habitat; • Research projects; • Data collection; • Public education programs; • Capital projects preserving or protecting unique resources; and • Activities that preserve or enhance wildlife, fish, and other natural resources that otherwise may be substantially impaired or destroyed in any area of the state. Projects or programs specifically excluded from eligibility include: • Superfund cleanup actions; • Wastewater treatment projects; and • Solid waste disposal facilities (incinerators, landfills, etc.) The legislation does provide that if the principal of the trust fund reaches or exceeds $200 million, up to five percent of the fund ($10 million) may be used to provide cities with below market rate interest loans for water system improvements. Every one of the environ- mental protection programs identified as ineligible to receive trust funds have estimated needs of tens and hundreds of millions of dollars. The need to allocate governmental resources to ensure adequate and clean water for drinking, recreation, and commercial use should be one of Minnesota's highest priorities. The efficient management of solid waste is also an immedi- ate and demonstrated need, yet these programs are ineligible for trust fund financing. A trust fund may indeed be needed, but the Legislature should act to ensure that an environment and natural resources trust fund not ignore current serious and expensive environmental problems. A balance be- tween short- and long -term environment and natural resources needs should and can be established. The state should adequately finance current programs designed to provide this and future generations with a quality environment and abundant natural resources, and increasing the types of programs eligible for funding from the trust fund is one way for the state to meet its obligations. LUEET -14. Road and Highway Jurisdiction and Funding (C) Cities support a process of planned and mutually agreeable jurisdictional changes of city, county, and state roads. Long -term funding for maintenance and improvements is needed, and authority for jurisdic- tional changes should be allowed only where such roads have first been brought to adequate mainte- nance and design standards. The government turning back the road should be required to continue maintenance until the turnback to the city is com- plete. The increased cost for cities to assume responsibility for general maintenance and life -cycle treatment for a substantial number of additional miles of road greatly exceeds the current financial capacities of cities. Even with the removal of levy limits, cities are constrained by state pressures to limit property taxes, voter opposi- tion to increased costs, and demands for other city services. At this time, the level of funding in the 1993 City Policies and Priorities 33 municipal turnback account is inadequate for the additional miles of road which are likely to be shifted from counties and the state in the near future. It is important to acknowledge that, rather than saving money, turnbacks merely shift the cost from one group of taxpayers to another. For these reasons, no whole- sale program of highway turnbacks should be instituted at this time. The League also recommends the following changes to help facilitate individual turnbacks: ! Rules should be changed to allow counties to upgrade county state aid highways using county state aid highway funds prior to turnback when cities concur and without the penalty which is currently imposed; and • The League supports allowing cities to participate in the decisions which determine whether a turnback road will be designated as a state -aid road or as a local street. If the city chooses to designate the road as a state -aid road, this designation should not affect the standard designation process, so that developing cities will be able to continue to designate a percentage of new road growth as part of the state -aid system. 34 League of Minnesota Cities Revenue Sources RS -1. Property Tax Reform and State Aid to Cities (A) Over the past several years, changes in the state's property tax and aid systems along with volatile state tax revenues have resulted in increased instability and uncertainty in local government finance. In each of the last three years, state aids originally certified to cities during their budget process have been retroactively cut leaving local officials with few options but to reduce essential city services and delay necessary maintenance programs. The 1991 Legislature established the Local Govern- ment Trust Fund to create a dedicated and stable source of revenue for necessary state property tax relief programs. However, since its inception, LGTF rev - enues have been the target of budget balancing efforts of both the Governor and the Legislature. Faced with spending commitments $569 million in excess of available revenues, the 1992 Legislature shifted the funding for the homeowner's refund ($53 million • annually) and county community social services aid ($52 million) to the LGTF while also funding the newly created county corrections aid program ($8 million), thereby reducing resources for existing property tax relief programs. With the additional prospect of a general fund imbalance for the 1994 -95 biennium of $837 million, the LGTF is beginning to resemble the unstable and undesirable system it was designed to replace. Recognizing the need to address these issues and numerous criticisms of the current LGA formula, the League recommends the following policy guidelines when changes are made to the LGTF and state aid systems: A. Local government aid (LGA), or an equivalent program of sharing revenues collected on a statewide basis with cities, should remain an essential compo- nent of the property tax system. The League acknowledges that the state is facing another large projected budget imbalance for fiscal year • 1993. However, the League strongly opposes further cuts in LGA or HACA or further transfers of city aids to school districts or counties. Such aid cuts and transfers would increase disparities in tax burdens between taxing jurisdictions, affect cities' abilities to compete fairly for residents and economic develop- ment, and threaten the delivery of essential city ser- vices. In addition, property tax revenues now exceed the personal income tax in the total mix of state/local revenues. This heavy and increasing reliance on the property tax, especially for cities, could affect the stability of the entire state revenue system. Cities, like schools and counties, deliver basic, essen- tial services to the residents of Minnesota and similar to schools and counties, they need financial assistance from the state to ensure adequate delivery of these services at a reasonable cost to local taxpayers. B. The LGA formula, or its replacement, should reflect a city's essential needs and ability to raise local property tax revenues. The League recognizes problems faced by cities as a result of low property tax capacity, as well as extraor- dinary needs, and recommends that the LGA formula address both of these situations. The League supports continued efforts to develop an accurate definition of the various revenue needs of different cities for use along with tax capacity in a new city aid formula. Only by addressing both sides of the revenue and expenditure equation — capacity and need —can a balanced state aid formula be designed. C. The League continues to support the 1991 cre- ation of the local government trust fund (LGTF). This support, however, could be adversely affected by continual tinkering with either the revenue source or the programs funded by the LGTF. Cities support both an irrevocable dedication of 2 cents of the sales tax and motor vehicle excise tax, and payment for a defined and stable set of property tax relief from the fund. Because experience has shown that statutory dedication cannot be assured, the League supports a constitutional amendment to dedicate two cents of the sales and motor vehicle excise tax (MVET) to a property taxpayers' trust fund that will guarantee continuation of the property tax relief payments which are currently being distributed through the LGTF. Specific language for the consti- tutional amendment is very important, and the League of Minnesota Cities, in conjunction with their constituency groups, will develop the amend- 1993 City Policies and Priorities 35 ment in order to ensure that it is in the best interest of cities and continued funding of LGA and HACA. The LGTF receives the revenues from 11/2 cents of the state sales tax and motor vehicle excise tax (MVET) plus the 'A cent local option sales tax and MVET. The total of 2 cents should be used only for the programs currently listed in statute for payment from the fund or equivalent programs such as a new city aid formula. The LGTF holds the promise of necessary stability for both property taxpayers and local governments and will only be successful if the integrity of the fund is maintained by keeping the 2 cent rate and not adding new programs to be funded by the LGTF. The 1992 legislature removed the income maintenance payments from the LGTF and added the homeowner's refund, community social services aid, and the new county corrections aid. The availability of sales tax/ MVET revenue growth for local aids should not be eroded by significant or extraordinary expansions of current programs or the addition of new programs to be funded by the LGTF. As a result, city aid from the LGTF should grow annually at the same rate as sales tax/MVET revenues. D. The League opposes payment of additional HACA for property class rates reductions from the LGTF beyond those rate reductions already in law through taxes payable in 1994. Extensive use of HACA payments for additional class rate reductions could consume most of the growth of the LGTF. This would leave little growth for basic city aids and cause instability for city finances and for property taxpayers. Cities would be forced to adopt excessive percent increases in net levies to fund inflationary budget increases. If the Legislature wants to pay for additional class rate buydowns, then they should be paid through the general fund. RS -2. City Fund Balances (A) The Legislature should not attempt to control or restrict city fund balances. These funds are neces- sary to maintain the fiscal stability of city govern- ments, provide adequate cash flow, allow purchases of capital goods and infrastructure, and to maintain favorable bond ratings. There are many financially sound reasons for cities to have adequate cash balances, including the following. • The funds a city has on January 1 must finance their expenditures for the first six months of the year. A city's primary revenue sources of city revenue, property taxes and state - shared revenues, are not received until June and July -- six to seven months into the city fiscal year. Just as the state has asserted its need to maintain an adequate cash reserve account, a city must have a fund balance for its operating expenditures to avoid interfund or commercial borrowing. However, unlike the state government, cities do not receive monthly rev- enues from numerous sources (such as sales taxes, personal and corporate income taxes, and various fees and charges to other governments). The alternative is costly borrowing, which is not in the interest of local taxpayers or the state. • Some cities also use their fund balance for major capital purchases or infrastructure. By gradually accumulating revenue over a period of years, a city can save its taxpayers the expense of issuing debt and incurring a large expense in one year. Cities explain this process of "saving" for major pur- chases, such as a fire engine, to their taxpayers and the state when cities "designate" their fund balance for such a purpose. • Cities need to maintain some fund balance to meet emergency or unanticipated expenditures created by situations such as natural disasters, lawsuits, and premature breakdown of vital equipment. Cities are not allowed other revenue raising authority to address these issues during their budget year. • Bond rating firms require proof of financial liquidity and a demonstrated ability to service debt in order to receive a favorable bond rating. Ad- equate city fund balances are required for preferen- tial bond ratings. Additional interest costs, and higher taxpayer burdens, result when cities without adequate fund balances receive poor bond ratings. The better the bond rating of a city, the lower the interest costs of borrowing are to the taxpayer. 36 League of Minnesota Cities RS -3. Service Duplication Taxation Exclusion (B) The League supports legislation which would enable city property taxpayers to become exempt from county levies for services which are either not provided to city residents or which duplicate services provided by the city. In many cities, residents are paying the costs of county provided services such as police protection, which primarily benefit county residents outside the city. In other cases, city residents may receive benefits from the county spending, but the services duplicate services which city governments are already providing. In order to more fairly allocate the cost of services and to eliminate duplication, city taxpayers and city governments should be given authority to petition to be exempt from county taxes or fees for services that duplicate city service or for services that are not provided by the county within the city limits. Cur - rently, the city taxpayers in some cities are not required to contribute to the costs of a county library system if they are already paying for a city library system. Legislation should be passed to allow this arrangement • to be extended to other services. RS -4. City Financial Reporting Requirements (B) The League supports modernization and an increased level of comparability of financial data that cities report to state agencies. The League will continue to work with the FINREP study, IISAC, and the Legis- lative Commission on Planning and Fiscal Policy to accomplish these efforts. The Legislature should, however, fund the study and implementation of changes through the general fund, rather than the Local Government Trust Fund which is to be dedi- cated to property tax relief Local accounting prac- tices and preferences should not be required to change as a result of the study, nor should local costs increase. Finally, requirements for reporting addi- tional information should be carefully weighed to determine the validity of the state's need for local government data. Minnesota has one of the most modern and rigorous • systems of municipal finance oversight in the nation. The State Auditor currently receives and reviews annual financial reports from all cities. Cities over 2,500 are required to have annual audits and the Auditor has authority to audit any city. Cities also report financial data to the department of revenue, pollution control agency, department of trade and economic development, and other state agencies. The private accounting field has proven to be fully competent to conduct city audits, and are likely to be more economical than contracting with a public agency. Therefore, the League would be opposed to giving the state auditor the authority to audit cities or their instrumentalities. For all audits, local govern- ments should be allowed to take proposals and use a private auditor rather than the state auditor, if the government chooses. In addition, cities with popula- tions under 2,500 should continue to be exempt from the expense of an annual audit. RS -5. Cooperation, Collaboration, and Consolidation (B) The League supports the extensive efforts which have been made by cities across the state to provide ser- vices through cooperative agreements, collaboration and, in some cases, consolidated programs or govern- ments. We encourage the Legislature to offer incen- tives to foster the creation of additional agreements, but not at the expense of funding for current aid programs, and to acknowledge that city officials are most qualified to determine where shared or consoli- dated services are most appropriate and will be most effective. Many studies and surveys of cities in Minnesota have shown that cooperative agreements and shared services are very common. Cities across the state continue to make efforts to increase the number and extent of programs provided, and/or to reduce the costs of public services. Because city officials are most qualified to assess local needs, the Legislature should not mandate cooperative agreements or consolidation requirements for any city services or the form of city government. RS -6. Penalties and Interest on Delinquent Property Taxes (B) Cities should receive their proportionate share of revenues from penalties and interest collected on delinquent property taxes. Under existing law, one -half of penalty and interest payments on delinquent property taxes are distributed to counties and one -half to school districts. This 1993 City Policies and Priorities 37 inequitable policy does not correctly distribute the penalties and interest which accrue on taxes that are levied by cities. By law, cities are only entitled to receive penalties and interest which accrue to their special assessments. When property taxes are delinquent, cities--just like counties and school districts—lose expected revenue, and the current value of tax revenues. Delayed tax payments can cause a city to reduce services or spend down reserves as they wait for late payment of property taxes. Counties have always received such revenues without deductions from levy limits or from state aid payments; it is treated as "other income." Cities should receive their appropriate share of penalties and interest on their delinquent property taxes as an unlimited revenue source. RS -7. Service Fees for Government -Owned Property (B) The Legislature should establish a program for reimbursing municipalities for services to state and regional facilities. The program should (I) ensure that state and regional agencies pay 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 state and regional agencies. Any such fee - for- service program should not be funded through the local government trust fund. The State of Minnesota owns a significant amount of property within cities in the state. Cities provide a range of services that benefit these properties. How- ever, since the state is exempt from paying property taxes, municipalities are not reimbursed for the cost of these services. This places an unreasonable 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 reimbursed by the state for services they provide to state -owned properties. Through a formula based on the value of state -owned buildings within a city, the Wisconsin system reimburses cities for police, fire, and solid waste services. RS -8. State Administrative Costs (B) The League opposes the policy of deducting state agency administrative costs from funds which are appropriated for property tax relief If the state continues this inappropriate policy, the costs should be more equitably borne by the full local government trust fund, rather than only from funding for local government aid. The League believes that all state government expenses should be subject to the standard appropriation review process and be funded directly by specific state appro- priation, not by blanket deductions from property tax relief programs and from state grants. Where a state agency is required to recover costs through a state charge -back for services to local units, the state should be required to hold administrative hearings to justify the charges on the basis of the services provided to the individual local units of government. City local government aid (LGA) provides financing for administrative costs for: the office of the state auditor, the department of administration (IISAC), the state demographer, and the department of employee relations. For 1993 LGA, $487,549 was deducted for these state agencies. In addition, LGA funds, distributed primarily to cities, have been used to finance operations by the state auditor and department of administration, which are not caused by cities alone, but by all local govern- ments, including counties, school districts, and town- ships. RS -9. License Fees (C) The Legislature should repeal all maximum fee provisions relating to off -sale liquor, on -sale wine, bottle club, and Sunday liquor licenses, and allow cities to decide locally the appropriate fee to charge for such licenses. The statutes typically grant authority to issue licenses or permits without specific maximum fees. Cities should have the discretion to set fees based on their own costs, needs, and standards. Case law provides ample limitations on cities' power to set license fees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed 38 League of Minnesota Cities business. The statutory maximum fee has not in- creased in over 30 years. RS -10. Local Property Tax Authority (C) The League strongly supports the Legislature's repeal of city levy limits and support of local deci- sions on city spending. Without levy limits, local accountability are enhanced and cities are allowed to plan for, and respond to, changing financial condi- tions and the increasing costs of state and federal mandates. Levy limits are inconsistent with the principles of local self - government and accountabil- ity. RS -11. Referendum Levies (C) The League supports repeal of the requirement that city referendum levies, unlike general property tax levies, apply to property market value. In addition, it is inaccurate for a referendum ballot to state `By voting YES on this ballot question, you are voting for a property tax increase." The state has deliberately designed a system of prop- erty classes based on property use which creates varying tax burdens. The method by which a property tax is adopted should not influence this class rate system. This law makes an inappropriate distinction between capital expenditures and operating expendi- tures only for city governments. Both spending items are components of total city spending and should impact taxpayers comparably. If the Legislature wants to adjust tax burdens, changes should be made in the classification system, rather than through the tax base. In addition, the simple statement that taxes will rise as a result of a referendum levy may be false. In cases where the city has reduced their general levy, or a previous debt is retired, a city's property tax levy will actually decline when compared to the previous year. RS -12. Sales Ratios (C) The League urges the Legislature to require that appraisals be used, rather than a countywide average, to determine the sales ratio in small communities where few property sales occur. Various state formulas consider property tax base valuation in distributing aid. Sales ratios are calculated for each jurisdiction by comparing actual selling prices of properties to the estimated market value assigned by the assessor. These sales ratios are used to equalize assessed values so that all local governments are treated fairly and not rewarded or punished based on their assessment practices. Sales ratios are thus important determinants of the level of state aid received by a community. Yet, in small communities, there are often not enough sales in a given class of property to permit an accurate determi- nation of a sales ratio. In these cases, a countywide average is applied. The county average, however, may be overly influenced by sales in a larger regional center and thus may not accurately reflect the experience of smaller cities. RS -13. Taxation Hearing and Notification Law (C) The League supports the improvements which have been made to the taxation hearing law, which is incorrectly referred to as "truth in taxation." The title should be changed. "Truth in taxation" is a misleading title for these hearing requirements. The process should be renamed the "taxation hearing and notification law." The League believes that the state government should set an example and be required to follow similar requirements for public hearings and notification processes on tax and budget issues. The League urges the Legislature to make the follow- ing changes. • Local governments should be allowed to amend the levy that they preliminarily propose to the county auditor on September 15. Many cities have a difficult time realistically assessing their budget needs to be able to certify a proposed levy and budget by September 15 — far in advance of the beginning of the next budget year. This early date, combined with the restriction that prevents the city's final levy from exceeding its preliminary estimate, works against responsible budgeting and forces cities to overestimate their budget needs to avoid potential revenue shortfalls. • As a state mandate, the costs of this requirement should be fully funded by the state. The appropria- tion made for the process for Pay 1991 taxes has not been renewed. Local governments must now 1993 City Policies and Priorities 39 find additional funds to finance this state- mandated process from their tight or shrinking local budgets. • The League commends the Legislature for its 1992 action to reduce the size requirement for newspaper advertising and eliminating unnecessary data from the advertisement. The Legislature should con- sider eliminating the newspaper advertisement requirement. Notices sent to each property owner and posted in each apartment building effectively notifies citizens of the hearings and proposed levies. The costs of publishing advertisements consumes tax dollars which could be better spent on city services for taxpayers. • The requirement for parcel- specific notices should continue. Every effort should be made by the Legislature and the department of revenue to ensure that the notice accurately estimates pro- posed property taxes. • The title of the requirement should be changed to the "taxation hearing and notification law." The current title infers that there was and would be a lack of accuracy and accountability without this process. In addition, the calculations used in the process are frequently misleading and confusing, and challenge the "truthfulness" and accuracy of the information provided. 40 League of Minnesota Cities • FL -1. Single Family Mortgage Bonds • Federal Legislative The League urges Congress to extend cities' author- ity to issue single-family mortgage revenue bonds and to oppose recapture restrictions. The League also supports proposals to enable cities to expand their efforts to provide below market -rate home mortgages for second and third -time homebuyers in inner city neighborhoods. Cities' authority to issue mortgage revenue bonds (MRBs) should be extended to support redevelopment and to provide affordable housing. The League supports reasonable income eligibility requirements in order to target MRBs to areas where 50 percent or more of the families have incomes of 80 percent or less of the statewide median as well as to areas of severe economic distress. Previous congressional proposals to restrict the avail- ability of MRBs have required recapture of a portion of the interest subsidy received if the home is sold within five years. Recapture provisions and effective dates of proposed restrictions would impose strict tax liability on bond issuers and add unreasonable costs for quali- fied homebuyers at a time when cities are struggling to make affordable housing available. Effective dates for recapture provisions and disclosure requirements for bond issuers with outstanding MRBs would seriously hamper bond sales after the effective date for imposi- tion of restrictions, resulting in a loss of financing for housing needs. City officials view the program as a means to provide homeownership opportunities to buyers with limited incomes while encouraging flexibility in housing purchases as family conditions change. At the same time, the program gives families a means of building home equity and serves as a source of neighborhood and community strength and stability. Efforts should be made to permit greater flexibility in the use of allocations of mortgage revenue bonds for programs in targeted areas. Under existing law, the first -time homebuyer requirement is waived in census tracts where 70 percent or more of families have incomes of 80 percent or less of the statewide median. This should be broadened to permit bond issuers to elect to waive the first -time homebuyer requirements in census tracts in which 50 percent or more of the families have incomes of 90 percent or less of median. This proposal would aid cities in meeting housing needs in transitional neighborhoods and would be an important tool to encourage neighborhood stability where conditions suggest increased likelihood of property conversion to rental use or abandonment. FL -2. Homelessness/Housing Issues The League supports full funding of federal assis- tance programs for emergency, long -term assistance and preventive measures to aid cities to meet the needs of homeless families and individuals. The League also urges Congress to strengthen federal/ local partnerships in providing affordable housing at the local level to reduce risks of homelessness. Reauthorization of the Steward B. McKinney homeless assistance act in 1990 is encouraging in view of federal action restoring previous budget cuts in homeless assistance programs. Restoration of funding levels for emergency shelter grants, and Section 8 and SRO rehabilitation programs have been important in sup- porting local efforts to provide housing services. Demonstration supportive housing programs and supplemental assistance, along with health care and mental health block grants, emergency food and, shelter, and emergency service grants should continue to be funded. Long -term federal assistance to the homeless should include a firm commitment to finance low- income housing programs to permit new construction as well as rehabilitation and access to loan financing through the Farmers Home Administration housing loan programs and other federal elderly and handicapped housing assistance for those in poverty. Measures to promote maintenance and rehabilitation of low - income housing for families and individuals are also important strategies to reduce homelessness. Programs are needed to make such housing available in rural areas as well. Tax incentives for construction and rehabilitation of low - income housing must be contin- ued and strengthened to make it possible for cities to respond to such housing needs. 1993 City Policies and Priorities 41 The lack of adequate community mental health services contributes to the number of persons who are home- less. The needs of vulnerable individuals remain a major concern for local officials. The federal govern- ment must work with states and cities to improve eligibility for health care, long -term transitional housing, food stamps, and other federally subsidized benefits to assist such individuals. FL -3. HOME Investment Partnership The League strongly supports full funding of the HOME investment partnership program to provide housing block grants to cities and states to develop and rehabilitate affordable housing units. City officials are eager to take advantage of increased flexibility to address local needs through this program. It is important for Congress to identify new funds for this program and maintain funding for on -going federal housing assistance and community development programs, particularly for community block grants and public housing operating assistance and modernization. Congress needs to address remaining concerns over local match requirements. The League supports a relaxation of those requirements. In future years, efforts should be made to provide greater flexibility in any local match requirements. Congress should also make it clear that local tax - exempt financing may be used to meet match requirements. Eligibility thresholds for direct entitlements limit the number of cities that can benefit from allocation of HOME funds in Minnesota. It is important to maintain at least a $2 billion level of funding for the program in order to provide more cities with direct assistance. Reducing the threshold allocation needed for additional cities to qualify for direct funding would make such assistance available to cities that currently receive direct CDBG entitlements. FL-4. HOPE - Home Ownership and Opportunity for People Everywhere The League does not support the proposed HOPE homeownership program because it is not well designed to help public housing tenants afford the cost of purchasing and maintaining their own homes. More care must be exercised to assure that the needs of such households are fully recognized so that they will be able to afford mortgage payments and expenses and to increase the opportunity to improve their economic status. HOPE must not be used as a means of selling off public housing units to reduce the inventory of proper- ties which the federal government has a direct respon- sibility to maintain. The federal government must help cities assure that an adequate supply of public housing is available for low- income households. Public housing tenants able to afford a limited down payment for affordable housing in the community can be aided to purchase such units without risking the loss of public housing needed for those who cannot afford housing available in the private market. City officials support federal policy to encourage the development of homeownership programs for public housing residents. It is important that such legislation establish realistic income thresholds and provide the funding necessary to help cities coordinate the neces- sary mortgage financing and access to services needed to make it possible for families to purchase and main- tain market -rate housing. FL -5. Incentives to Preserve Affordable Rental Housing The League encourages Congress to maintain funding for programs that prevent mortgage prepay- ments or expiring contracts to result in buyouts that reduce the availability of subsidized rental housing for low- income households. Financing for building owners and tenant subsidies, along with incentives to owners to maintain affordable rental units, will allow low- income units to be retained in the community and provide a mix of housing for city residents. Continued financial incentives will be necessary to encourage developers to help preserve federally subsidized affordable housing units. FL -6. Removal of Regulatory Barriers The League opposes federal pre- emption of local housing and zoning ordinances and regulations and the withholding of federal housing assistance from cities which fail to conform local housing codes to standards imposed at the federal level. 42 League of Minnesota Cities Local land use regulations, subdivision ordinances and building codes are adopted to protect public health, safety and welfare. City officials are alarmed by • proposals that would preempt local authority to estab- lish building and zoning requirements and demand that cities alter such local regulation under threat of the loss of federal housing assistance. • When necessary, cities are in the best position to determine if such requirements can be modified to lower the costs of producing affordable housing. But regulatory reform will not help cities increase the supply of affordable housing if federal funds for low - income subsidized housing are not available. HUD has no direct experience in the review of local building code and zoning requirements. Imposing federal review on cities is an unacceptable intrusion into the authority of local government to adopt land - use and community development policies which assure neighborhood stability and orderly growth. FL -7. Comprehensive Housing Assistance Strategy (CHAS) The League urges a reduction of the extensive documentation cities are required to produce in order to receive federal housing funds under the national affordable housing act. The comprehensive housing assistance strategy (CHAS) reports to be submitted by cities to the U.S. Department of Housing and Urban Development have substantially increased the workload of local housing agencies. In many cases, local agencies may not receive additional federal housing assistance despite completion of this lengthy and difficult analysis and reporting requirement. Serious doubts have also been raised about the useful- ness of CHAS reports as a planning tool. Use of outdated census information, rapidly changing housing markets and lack of documentation on specific popula- tion groups limits the accuracy and reliability of some information. Cities are unlikely to propose ambitious strategies when addressing such needs because of concern that failure to achieve objectives will result in the loss of federal housing assistance in the future. FL -8. FHA Insurance Changes The League supports easing limits on financing of closing costs required by FHA housing insurance programs. City officials are concerned that limits on the amount of closing costs that may be financed will make homeownership increasingly difficult, particularly for younger, first -time homebuyers. Cities have ample supplies of affordable housing that must be maintained and made available on a continuing basis for those seeking a first mortgage. FL -9. Portability of Section 8 Housing Certificates and Vouchers The League urges Congress to modify Section 8 tenant assistance requirements to relieve local problems caused by the demand for Section 8 units. Modifications should also be made to help public housing authorities meet the needs of Section 8 certificate holders who have moved from another city. The League recommends the following changes in federal rules to ease difficulties for housing agencies adversely affected by loss of income and tenant assis- tance as a result of portability: • Require that certificates and vouchers be used in the jurisdiction in which they have been issued for a minimum 12 -month period; • Compensate agencies experiencing losses because of housing adjustment payments (HAP) to agen- cies in other cities for the added administrative and financial charges incurred; • Make federal funding available to assist smaller local HRAs (outside MSMAs) to deal with additional record - keeping and accounting required as a result of experience with portability; • Examine the feasibility of setting limits on the number of portable certificates that will be avail- able from the originating PHA or make it possible for agencies to adopt a more flexible method of adjusting for the loss of Section 8 units. 1993 City Policies and Priorities 43 City officials recognize that mobility of low income persons seeking rental housing necessitates portability of Section 8 assistance, but the impact on communities and neighborhoods must also be addressed. Officials are duly alarmed by indications that Section 8 units may become concentrated in certain localities, which, in turn, contributes to a loss of a mix of housing and income levels within the neighborhood. FL -10. Siting of Group Home Residential Facilities The League urges Congress to modify the fair hous- ing act to permit cities to exercise reasonable dis- persal and spacing requirements for residential care facilities to prevent over - concentration and to provide the benefit of normal residential surroundings to people with mental illness, the homeless, battered women and children, those with developmental disabilities Cities must be authorized to establish appropriate dispersal and spacing requirements while protecting the rights of the disabled to assure that they are not denied access to housing in residential zones. It is also clear that those who license and purchase services from residential providers must exercise responsibility to make available to disabled citizens the benefits of normal residential surroundings. Access finust not be denied through improper application of local zoning codes. Cities must be clearly authorized to exercise local controls to prevent over - concentration of residences within neighborhoods and to enhance the opportunity for disabled residents to receive needed health and social services as well as access to public transporta- tion, education, and recreation, to help sustain a quality of life for them, and for the community in which the facilities are located. Efforts to mainstream individuals requiring special care is of particular interest to cities. Such people must not be forced to reside in areas that threaten to become defacto institutional zones. This not only defeats the purpose of fair housing legislation designed to scatter such uses in a variety of settings, but also pits social service providers against neighborhood residents who become fearful and resentful about the influx of such facilities into the local area. FL -11. Mixed Populations The League urges Congress to relieve serious prob- lems resulting from requirements to house people with disabilities in public high -rises originally designed assenior citizen residences. Immediate action must be taken to overcome problems of security and unworkable living arrangements to protect the well -being of residents and prevent further deterioration of buildings and loss of housing units. Seniors must be accorded the opportunity and the assurance that they can enjoy a suitable environment and security as residents of public housing units. Elderly residents must not be subjected to increased stress and anxiety as a result of the assignment of emotionally unstable younger people to the same buildings in which senior citizens reside. It is important that cities be permitted to devise alterna- tive housing options to allow those with disabilities to have access to programs and services associated with housing assignments that will more closely fit their needs and lifestyle. At the same time, such approaches can provide more appropriate surroundings and secu- rity for the elderly. FL -12. Anti -Drug Abuse: Prevention and Assistance The League supports full funding of the anti -drug abuse act and urges the federal government, in partnership with cities, to provide assistance to local law enforcement agencies, courts, schools, commu- nity-based organizations, treatment facilities, and other local resources to combat the threat of drug abuse and related crime and violence. The failure of some states to pass grant allocations through to cities threatens to undo valuable interjurisdictional cooperation and implementation of statewide drug control strategies. Congress must make it possible for cities to receive funding in a timely manner by requiring states to guarantee that they will distribute funds efficiently and direct them to local units of government. Such agreements must assure allocation of at least 80 percent of federal drug control systems improvement grants to local law enforcement 44 League of Minnesota Cities and drug control activities and demonstrate that smaller non - metropolitan efforts are awarded a proportionate share of funding. Coordination and broad -based cooperation at state and local levels should be encouraged in order to increase the effectiveness of measures designed to deal with the grievous personal, social, and economic consequences of drug abuse. City officials acknowledge the need for reasonable controls to assure accountability in the use of federal funds. It is also important that federal grant requirements remain flexible and that complicated grant application procedures be kept to a minimum. The League supports efforts of the Minnesota Office of Drug Policy to seek waivers from the federal govern- ment to assist local governments to provide the 25 percent local match required for receipt of such federal funds. The League encourages other states to seek such waivers from the federal government to aid cities which do not have sufficient resources to meet the federal match. Increasing match requirements to 50 percent would make cities with a smaller tax base ineligible for federal grants needed to aid local law enforcement and drug control efforts. City officials oppose proposals to increase such local matching requirements. The League urges Congress, in concert with state and local government, to support efforts to strengthen the capacity and improve the effectiveness of local law enforcement agencies, both urban and rural, to combat drug trafficking and other illegal activities that threaten neighborhoods and the safety of city streets and homes. It is also necessary for the federal government to intensify U.S. and international efforts to reduce the agricultural and manufacturing sources of illicit drugs in other nations. Strategies to reduce the supply and demand for drugs must be clearly defined with realistic objectives and goals. It is essential that Congress provide a consis- tent, stable source of funding for federal grant pro- grams and permit sufficient flexibility at the local level to allow cities to make use of funds in a timely and effective manner. Past experience demonstrates it is difficult to implement effective local strategies when restrictive and complicated grant application proce- dures are imposed and funding levels are inconsistent. The trend toward increased alcohol abuse among youth is equally alarming and difficult to eradicate. Direct experience with this problem at the state and local levels has provided an understanding of substance abuse problems. For all these reasons, local officials must be granted the flexibility to design programs to address the special problems faced in their communi- ties. Serious economic problems and cultural differ- ences within city populations also create obstacles which must be overcome to reduce the spread of drug and alcohol abuse. Local officials are in the best position to help individuals at highest risk of addiction overcome distrust and lack of confidence in govern- ment- sponsored programs. FL -13. Federal/Local Fiscal Relations The League of Minnesota Cities urges Congress to uphold the authority of cities to issue tax - exempt bonds and oppose further intrusion when restrictions result in higher issuance costs, loss of investor incentives for construction and preservation of affordable housing, or the loss of tax - exempt status for general obligation bonds. Cities face critical decisions in the investment of funds to meet costly infrastructure and public service needs. Cities need to be able to take advantage of the small issuer deductibility exemption for banks and pools which purchase or sell municipal bond issues. The League urges Congress to enact legislation that will bring banks back into the tax- exempt market to accom- plish these objectives and save local tax dollars. The following changes in federal fiscal policy will aid cities to make effective use of tax- exempt financing for such purposes: • Increase smaller issuer arbitrage rebate exemp- tions; • Make relief from arbitrage rebates retroactive to 1986; • Raise small issuer bank deductibility; • Ease restrictions on the use of municipal bonds for environmental facilities; • Allow cities to keep 10 percent of arbitrage earn- ings. 1993 City Policies and Priorities 45 Congress should provide cities relief from costly arbitrage rebate restrictions and allow local government to retain investment earnings to revitalize neighbor- hoods and strengthen the community. City officials also urge Congress to study the state volume cap on private activity bonds for financing environmental projects to determine whether activities are being delayed because of such restrictions. The study should also examine the added cost to cities of meeting environmental mandates if taxable financing must be used or if delays lead to fines or penalties imposed by federal law. The League also supports investor incentives for construction and preservation of affordable housing, including the following: • Rehabilitation tax credits; • Low and moderate- income housing tax credits. Such tax policy should be made a permanent feature of federal -local fiscal relations. In addition, the League supports low- income housing tax credit policies more workable by making full credit available for projects in which cities use tax - exempt financing or community development block grant (CDBG) funds. The League supports the following policies to broaden the authority of cities to use tax - exempt financing: • Restore the private use test to 25 percent for bond issues of less than $25 million; • Expand qualifications for exemption from bank and arbitrage deductibility; • Maintain the current limit on the authority of nonprofit corporations to issue tax- exempt bonds. Federal regulation of municipal bonds should not require unnecessary reporting. Failure to report bond issues to federal regulatory agencies should not result in taxation of interest income to the city. Federal arbitrage restrictions should not apply to municipal bond reserves or sinking funds. Arbitrage which results from fluctuating interest rates, issuance procedures, prudent management of the bond issue, or refundings should not be subject to retroactive tax liability. FL -14. Federal Mandates Congress must provide direct financial support to compensate local governments for the cost of imple- menting federal requirements and programs Previ- ous attempts to provide fiscal relief have failed because congress has not provided a dependable and stable source of funding for federal -local fiscal assistance. Congress must also make it less costly for cities to carry out federal requirements by permitting local flexibility in complying with mandates. Legislation which establishes new or additional responsibilities and costs for local government must also indicate the source of funding to pay for local programs and services required under provisions of the bill. Further, such requirements must also acknowledge local responsibility for paying those costs in the absence of federal funding. It is important that federal legislation imposing in- creased responsibilities and duties on cities be required to include funding to lessen the fiscal impact of complying with those requirements at the local level. The following federal mandates have direct and substantial fiscal impact on cities: • Compliance with environmental regulations, particularly wastewater treatment and safe drinking water standards, stormwater permit requirements, as well as imposition of penalties for failure to attain standards; • Regulation of landfills, incinerators, ash disposal, and other solid waste management activities; • Local match requirements for new federal transpor- tation and HOME block grants; • Tax - exempt bond reporting, arbitrage restrictions, and penalties. The League urges Congress to assess current federal programs, regulations and policies to determine the extent of impacts on cities. The League supports federal legislation to require fiscal impact statements (fiscal notes) for all proposals, rules, and regulations prior to enactment or enforcement at the local level. 46 League of Minnesota Cities • Traditionally, city officials have agreed to comply with federal requirements associated with the distribution of federal aid to local government, federal housing assistance, community development block grants, wastewater treatment construction grants, etc. In recent years, however, federal policymaking has often resulted in shifting new duties and responsibilities to the local level without a corresponding increase in federal revenues to cities or the expansion of local authority to raise revenues to pay for those new man- dates. FL -15. Solid Waste Management The League strongly urges Congress to undertake a major effort to establish a national program of resource recovery, recycling, source reduction, and environmentally safe disposal of solid waste as environmental priorities. The following measures must be taken to protect the environment and to make it possible for cities to carry out responsibility for disposal of municipal solid waste: • • Establish packaging standards for manufacturers, distributors, and retailers and require all new products and packaging to be non - toxic, recyclable, and/or biodegradable; • Authorize the U.S. Environmental Protection Agency to require industry to eliminate toxic, nonrecyclable, and/or nonbiodegradable products and packaging; • Provide funding and other assistance to expand the market for recyclables; • Restore favorable tax treatment for financing of resource recovery facilities, landfills, and recycling centers; • Develop national recycling goals and initiatives; • Provide funding for pilot recycling programs to assist cities to develop new recycling methods and programs; • Develop siting criteria for waste disposal facilities; • Amend the comprehensive environmental re- sponse, compensation and liability act (CERCLA) to provide that municipal solid waste is not a hazardous substance in the same manner as pro- vided under the resource conservation and recovery act (RCRA); • Define the degree of toxicity of municipal solid waste in assessing liabilities for cities which arrange or license pick -up and hauling of munici- pal waste within the city; • Grant the federal government sole authority to sue local governments for clean-up cost - sharing costs under the superfund statute if they have handled hazardous waste; • Regulate resource recovery and ash emissions through a permitting process that requires periodic monitoring and achievable emission controls; • Require retrofitting of existing incinerators only to correct major pollution problems not recognized at the time of construction or to install new cost - effective technologies; • Designate incinerator ash as a special waste and establish testing and treatment requirements along with development of flexible methods of ash disposal for residue that has been tested or treated; • Establish design criteria for ash monofills to be used for untreated or toxic ash; • Further, the federal government must develop options for solid waste disposal and assist local governments in implementing cost - effective programs to reduce the chance of future environ- mental damage from waste disposal methods. Source reduction also plays a critical part in manage- ment of increasing costs of disposal. Congress must establish packaging standards for manufacturers, distributors, and retailers to reduce the volume and pollution problems associated with toxic and non - biodegradable materials. Removal of toxic, nonrecyclable, or nonbiodegradable packaging and products must be a major focus of a national solid waste management policy. 1993 City Policies and Priorities 47 Local officials need to have assurance that required standards and restrictions for solid waste disposal have been determined in order to plan and construct waste disposal facilities with adequate safeguards to protect the environment. Development of integrated strategies that utilize source reduction, recycling, resource recovery, and landfilling is required. The League supports NLC development of a national solid waste management policy for cities to provide management options that allow cities to meet local needs. FL -16. Airport Noise Control The League strongly supports enactment of a na- tional noise policy which upholds local authority to regulate airport noise levels and aircraft operations to protect the health, safety, and well -being of the public. Congress must not preempt local zoning authority and policies aimed at reducing unaccept- able aircraft noise levels that affect nearby neighbor- hoods and populations. The federal government should establish firm deadlines for the phasing out of older, noisier aircraft used by commercial and air cargo carriers. Congress must also act to restrict use of Stage II aircraft by carriers when a ban on such airplanes goes into effect in Europe. Communities adjacent to municipal or major hub airports must retain the authority to impose noise restrictions and to regulate airport capacity to provide for the health and safety of residents and those work- ing in locations affected by airport operations. Cities must be free to protect public health and safety by adopting land use and zoning regulations, licensing requirements, and other measures designed to preserve the character and quality of life of residential areas affected by airport operations. The Federal Aviation Administration should also adopt "non- addition" rules to regulate the use of Stage II aircraft by domestic air carriers following the ban on the use of such planes in Europe. FL- 17. Cable Television Regulation The League urges Congress to ensure that rates established for basic cable services by the Federal Communications Commission (FCC) under the 1992 Cable Television Consumer Protection and Competi- tion Act provide protection for local cable subscrib- ers. Cities strongly support local regulation of rates charged for cable services. Under provisions of the new law, cities are authorized to apply for certification to enforce FCC rate regulations of charges established by local cable operators for basic service, installation and leased equipment. City officials object to this arrangement, particularly because local government can most effectively regulate rates charged to subscribers by the cable company with which the city has a franchise agreement. Cable franchise regulation must also assure that cable operators are responsible for. • Providing wide access to cable services; • Maintaining the quality of cable signals; and • Assuring satisfaction with customer service standards. Strengthening local regulation The League strongly supports city authority to estab- lish and enforce customer service standards more stringent than those adopted by the FCC. Cities also welcome changes in federal law to create local author- ity to revoke a cable operator's franchise for cause and the provision of damages immunity for local franchise authorities in the regulation of cable systems. Leased Access Reforms Of equal importance are concerns for leased access to cable channels, particularly for public and educational (PEG) programming. The League has supported reforms which would require cable operators to provide a set -aside of channel capacity for such purposes. The new cable law requires the FCC to establish a maxi- mum reasonable rate which cable operators could charge as well as establish the terms and conditions of such leases. Signal Quality Enforcement The League supports strengthening FCC authority over minimum technical standards to require operators to maintain or improve signal quality. Cities should also be authorized to include enforcement provisions in 48 League of Minnesota Cities local franchise agreements. Recognition of the impor- tance of local enforcement is critical. Cities also insist • that FCC approval of additional local authority to institute more stringent standards be granted without delay to communities in which serious difficulties and customer dissatisfaction is already documented. Enhancing Competition Cities also support prospects for encouraging competi- tion in the delivery of cable services. It is important that competitors have reasonable opportunities to offer comparable services. But congress must see to it that cities are in a better position in the immediate future to discourage attempts by the cable industry to eliminate competition in the delivery of local cable and video services. Programming Access Improvements Local franchising authorities have always insisted on the importance of access to programming in order to discourage monopolistic practices within the cable industry. The League supports measures to disallow video programmers affiliated with cable operators from discriminating against a multichannel video program- ming distributor. In addition, congress should assure that exclusive programming contracts between a cable operator and programmers affiliated with the that operator are strictly limited and regulated. Measures to restrain monopolistic practices in the cable industry are key to increasing opportunity for competi- tion. Therefore, it is essential that cable operators be prevented from engaging in the following activities: • Requiring video programmers to grant operator's financial interest in programming service in order to guarantee channel placement; • Discriminating against unaffiliated video program- mers; • Extending multiple system operational control over an unlimited number of subscribers; • Allowing affiliated video programmers exclusive use of available channels; • Obtaining licenses for multichannel multipoint distribution service (MMDS) or providing satellite master antenna tv (SMATV) service in areas the cable operator serves. Municipal Cable System Ownership It is also essential that cities' authority to operate a cable television system be upheld and secured. Such efforts have previously been challenged by cable operators, resulting in costly litigation and actions by cable systems to undercut rates charged by municipal cable systems in an attempt to force the city to discon- tinue offering services at the local level. DBS Regulations Requirements for the FCC to adopt rules that would make direct broadcast satellite (DBS) services subject to public interest requirements are also needed. Con- sumers receiving such broadcast and video program- ming services must be assured of the opportunity to receive noncommercial public service programming. Reserving channel capacity for noncommercial pur- poses is of fundamental importance to communities in which such DBS services are offered. Cable System Sales/Transfers Finally, there must be limits placed on the frequent sale and transfer of cable system ownership. The League supports measures which limit the frequency of those transactions and require cable operators to obtain local approval of such sales or transfers within the cable franchise agreement. FL -18. Economic Development The League urges Congress to take the following actions to help cities encourage the development of the local economy: A. Strengthen Small Business Administration (SBA) guaranteed loan programs in urban and rural areas; B. Encourage banks to work with cities and SBA- certified community development corporations (CDCs) to develop revolving loan programs for housing rehabilitation and new construction; and C. Provide financing for expansion and retention of businesses, as well as public works grants and revolving loan programs to cities through the Eco- nomic Development Agency (EDA). 1993 City Policies and Priorities 49 Congress should coordinate federal assistance to cities with existing state economic development and housing assistance and financing programs as well as those initiated by local banks in response to Community Reinvestment Act requirements. The efforts by cities to work with local businesses, churches and community organizations, foundations and private organizations must also be coordinated with federal action. Such an approach will establish a federal -local partner- ship with a strong interest in supporting the creation of locally based initiatives and cooperation. Federal funding can make it possible to stimulate local invest- ment in business development and rehabilitation programs which will strengthen and improve employ- ment and business opportunities. Cities also utilize EDA programs for business expan- sion and job retention. EDA provides valuable assis- tance in the form of grants for infrastructure improve- ments and upgrading of public utilities to support economic development objectives. Therefore, it is vital for Congress to continue to fund EDA programs that make it possible for cities to support local business expansion and encourage development of a skilled workforce. The League also supports efforts by cities' to collabo- rate with other local educational, community develop- ment, housing, and social service organizations in the development of local economic development strategies. Regional development commissions (RDcs) also provide an important resource for cities. RDCs can assist in administering small city CDBG grants and provide technical assistance in developing grant applications and strategies to address local economic and community development priorities. It is particularly important that congress provide sufficient funding to make SBA guaranteed loans for businesses in cities located at a distance from major metropolitan areas and urban centers. Cities must also have the financial resources to establish revolving loan funds to aid business, encourage job development, and improve the effectiveness of local economic develop- ment strategies. Smaller cities must be able to provide business start-up loans of $25,000 to $500,000. Cities in rural areas have been adversely affected by the loss of locally owned banks, making it more difficult for businesses in the community to obtain start-up loans or financing for improvements or expansion. It is essential that employers in such communities be able to obtain SBA micro loans, particularly for prospective business owners who do not have sufficient equity to qualify for regular bank financing. In addition, federal tax policy must address the urgent need to encourage development of private sector initiatives to aid development of small businesses, particularly in non - metropolitan locations. Cities located at a distance from population centers and major urban areas have a vital interest in the availabil- ity of venture capital and financing for small business development. Federal policy should also address the potential for making use of the requirements of the Community Reinvestment Act (CRA) to encourage the creation of locally -based consortia of non - profit development corporations and banking interests. Such activities could generate development of micro business loan programs in distressed neighborhoods and lead to creation of community revolving loan programs for housing rehabilitation and construction. FL -19. Rural Development Issues The League urges Congress to recognize and support the responsibility and authority of cities to provide water and sewer services and to refrain from autho- rizing the financing of rural utilities that would adversely affect orderly growth of unincorporated areas, particularly those adjacent to corporate city limits. The League also supports programs and increased funding to strengthen rural economies and to aid cities to provide services and public improvements that stimulate economic development. Such programs must uphold the authority of cities to provide public utility services and recognize the importance of orderly growth within a comprehensive land use planning process which involves cooperation among local units of government. The federal government must increase the capacity of local units of government to deal with problems of groundwater contamination and water resource man- agement; to comply with federal environmental 50 League of Minnesota Cities standards; and to make services that will increase economic activity and planned development available to residents in surrounding rural areas. Congress must also assure that federal authorization for rural electric cooperatives (RECs) to finance the construction of water and waste disposal facilities in unincorporated areas will include criteria for approval of grants or loans that take account of existing munici- pal utilities and service delivery and the impact of such facilities on regional and/or local land -use planning and development. Unplanned development in unincorporated areas (rural sprawl) creates serious problems in rural communities. Such development weakens, rather than strengthens local economies in agricultural areas. The federal government must strengthen the role and capacity of cities in such locales to maintain a quality of life, encourage economic development, sustain a growing population, and efficiently use agricultural resources. Proposed expansion of REC involvement in the financing of rural water and sewer systems seeks to take advantage of the capital resources of RECs to provide rural areas with improved water and waste disposal. City officials are familiar with the serious environmental and economic problems faced in areas with local population densities and limited capacity to finance major public improvements. Previous federal legislation failed to acknowledge or include the role of cities in the delivery of such public services, and overlooked the necessity for local government coopera- tion to establish and maintain support for rational patterns of development. It is unnecessary for the federal government to expand the role of RECs to accomplish the objectives of federal rural development legislation. It is essential that city officials and utilities work in a coordinated manner to meet shared public service objectives. The federal government has a continuing responsibility to enact appropriate tax policy and to maintain funding for current EPA and Farmers Home Administration (FmHA) grant and loan programs to aid such areas. The League opposes initiatives to make RECs eligible for low- interest loans to provide water and sewer services in areas without such service delivery. Such policies are not in keeping with the purpose or role of RECs to provide electricity to support family farms and to strengthen the agricultural sector. The role of rural electric cooperatives is to serve farmers and those living outside urban centers with electric service, and should not be to provide additional water and sewer utility services in areas where cities are prepared to extend current services or expand facilities to provide needed capacity. Increased REC interest in competing with cities to provide such utility services in rural areas experienc- ing residential growth and commercial/industrial development has raised serious concerns at the local level. Cities are experiencing increased intrusion by RECs in annexation proceedings and disputes, and in the delivery of municipal services to subdivisions. It is evident that, on a national level, the REA, is encourag- ing local cooperatives to pursue authority to provide utility services that cities have traditionally been authorized to deliver. If Congress enacts rural development legislation that establishes REC eligibility to borrow funds for devel- opment of such systems, such financing should only be approved if the following criteria are satisfied by the proposals submitted by local cooperatives: • Demonstration that the proposal to serve rural areas with water or sewer services will not result in, or encourage the loss of valuable agricultural land and resources; • Completion of an environmental impact statement or other evaluation of the effect of such facilities on water resources, population settlement patterns, development strategies, and availability of other federal grants or loans (EPA water and sewer loans and grants); • Compliance with local comprehensive land use and water management policies; • Demonstration that such rural utility systems will not create obstacles to annexation and orderly growth of cities. Further, such policies must incorporate the following principles to assure that provision of utility services in rural areas provide for the following: • Recognition of the role and capacity of cities to deliver water and sewer services; 1993 City Policies and Priorities 51 • Right of first refusal by cities with current or planned capacity to deliver water and sewer service to extend such utilities to properties requesting improvements; • Eligibility of cities for such financing to extend or improve current municipal utilities to extend those services; • Direct participation of cities in the review of REC project proposals to serve locations adjacent to cities. FL -20. Groundwater Protection The League supports policies to protect groundwater resources and urges Congress to concentrate on measures designed to minimize the use and disposal of toxic chemicals and to assist local governments to protect groundwater supplies. Federal legislation should emphasize management of groundwater resources rather than elimination of all contamina- tion and the development of national programs to aid small and rural communities. Cities are concerned with preventing the transport of contaminants into city water supplies and public drinking water systems. Since the aquifers 1where contamination may occur are not limited to city/county boundaries, it is important that protection measures and monitoring requirements reflect such circumstances and make federal assistance available to local govern- ments to help carry out appropriate groundwater protection strategies. Flexibility in implementing groundwater protection programs is needed to enable state and local govern- ments to address management problems using current laws and intergovernmental cooperation already in place, rather than instituting extensive changes. Federal legislative proposals have included provisions for national groundwater quality standards. Cities are concerned that proposed requirements to assure that all subterranean pore space in area aquifers to contain drinkable water may be difficult and costly to achieve. The expense of monitoring is likely to cause cities difficulty in maintaining other necessary water man- agement programs. Solutions to the threat or existence of groundwater pollution should be based on the local conditions and adequate understanding of the cost - effectiveness of remedies preferred by local lofficials. Background Efforts in Congress have led to the addition of ground- water provisions to the reauthorization of the federal insecticide, rodenticide and fungicide act (FIFRA). Such requirements were also added to the safe drinking water act, which called for the EPA to determine the potential for pesticides to leach into groundwater supplies; notification of detection of pesticides; estab- lishment of groundwater monitoring and registration requirements based on detection of pesticides in wells used for drinking water; and the creation of groundwa- ter pesticide standards. Groundwater contamination issues have been difficult to resolve. Among the issues on which Congress has focused are notification of contamination detection and establishment of groundwater action levels for pesti- cides detected in the groundwater as the result of "normal use" that exceeds the action level. FL -21. Clean Water Act The League urges Congress to fully fund the state revolving loan (SRL) program to aid cities to fully comply with toxic control and sewage treatment requirements. In addition, Congress must recognize its responsibility to aid cities to comply with non - point source pollution and combined sewer - overflow controls. The League also supports measures that will assure a moratorium on enforcement of EPA - mandatory stormwater permits for cities under 100,000 population through 1992 to provide sufficient time to rewrite requirements. Cities over 100,000 population are prepared to con- tinue stormwater management planning and monitoring activities, but Congress must defer implementation of management requirements until completion of the reauthorization of the clean water act. Failure to fund the SRL program has reduced aid to local government by nearly $2 billion since 1987. Many smaller cities cannot participate in such loan programs in any case for lack of local fiscal capacity to repay the financing. For that reason, the. League is encouraged by introduction of legislation that would provide federal aid to cities for construction of drinking water systems as well as wastewater treatment and solid waste facilities, and for costs associated with 52 League of Minnesota Cities replacement of underground storage tanks. Of particu- lar importance are provisions that would allow cities under 2,500 population to apply for low or no interest loans or grants, with an accompanying state 25 percent match, that could cover as much as 75 percent of such costs. There is also a need to identify new revenues for meeting the cost of fmancing combined sewer overflow pollution control measures as well as regulations which allow cities to use available technology, and which recognize the necessity of weighing costs and benefits in the development of pollution control guidelines. FL -22. Lead Contamination The League supports federal programs to help cities reduce harmful levels of lead in public drinking water systems and urges Congress to work with local officials to develop standards and operating require- ments that are feasible and realistic. Congress must also continue support and increase funding for Farmers Home Administration grant and loan programs as major sources of financing for smaller city water systems in rural areas. Legislation requiring the EPA to impose more strin- gent lead contamination standards in drinking water should be modified to allow a longer time period for implementing and evaluating corrosion control mea- sures and alternatives. Congress must also substan- tially change requirements that would make cities responsible for removing lead service lines in privately owned homes if lead levels exceed new, more stringent maximum contamination levels (MCL). Further, Congress must establish a program of special grants and loans for special needs to help meet the costs for new or modified treatment facilities required for compliance with federal standards. Expanded training and technical assistance is also needed, as well as a limit on the development of new MCL standards for those substances which occur widely, and which cause adverse health effects. City officials acknowledge the responsibility for taking steps to reduce the level of lead in drinking water and to assure that such contamination is treated to reduce levels as low as technically possible. Establishing standards with each water supply distribution system and the monitoring of such levels is necessary, but establishing MCL requirements at the customer's tap is misleading and prohibitively expensive. If such requirements are put in place, cities will be required to undertake both corrosion control measures, as well as replacement of lead service lines at costs which will be extraordinarily high and prohibitive at the local level. Insistence on the removal of such pipes as a prime strategy for reducing lead in public drinking water supplies is seriously flawed. EPA - proposed regulations announced in May 1991 place more appropriate emphasis on corrosion control measures as the key means to control lead contamination levels. Costs to city residents for drinking water service would rise to intolerable levels under terms of this legislation, especially in smaller cities. The League urges Con- gress to support provisions that make allowances for small and medium -sized systems. Small cities bear a disproportionate share of the cost of compliance with safe drinking water requirements because they lack larger and more broadly based rate structures. The EPA has estimated that smaller water systems will bear more than 60 percent of the cost of meeting federal safe drinking water requirements. Capital costs required are estimated to be $14.6 billion. In addition, provisions make cities subject to liability that can result in fines of as much as $25,000 per day for failure to maintain low levels of lead in drinking water supplies. It is unreasonable to hold city-owned and operated systems both responsible for violations of standards over which they have limited, or no control, as well as making them liable for monetary penalties for failure to meet such requirements. FL -23. Transportation The League supports redirection of national trans- portation priorities under the Intermodal Surface Transportation Efficiency Act (ISTEA), which underscores the importance of the increased role for cities in planning and prioritizing transportation needs at the state level. The League urges Congress to examine difficulties encountered by cities in efforts to get state transporta- tion departments to include the views of local officials in determining the expenditure of ISTEA funds to meet local transportation needs. This is particularly impor- tant in rural and less populated areas of the state where 1993 City Policies and Priorities 53 cities are not represented through metropolitan plan- ning organizations (MPOs). Cities are aware of the immediate need for states to implement effective methods for encouraging local level decisions regarding transportation issues. Cities also underscore the importance of the increased role of MPOs in assisting states with transportation planning and the use of ISTEA funding. The League strongly supports direct involvement of city officials in the development of the following key elements of the ISTEA program: • Determination of levels of federal funding for all categories of federal highway programs 4R (inter- state repair, reconstruction, rehabilitation and renovation); BBR (bridge replacement and repair); rural and urban/suburban; • Mandatory pass - through of funds for urban/ suburban roads to cities or planning 1 IPOs in areas with a population of more than 200,0 0; • Removal of barriers to intermodal, interagency and public /private cooperation in the development of a prominent transit program; • Flexible transfer of highway and transit funds to meet local needs and encourage innovative ap- proaches to emerging urban and suburban mobility problems; • Incentives to increase transit ridership; • Integration of transportation modes for freight linkages to railheads, ports, and markets; • Increasing the importance of investments in rural and urban transportation programs that'directly benefit the development of agriculture, tourism, and industry; • Separate authorization of transit programs includ- ing designation of funds for discretionary uses; • Increased emphasis on management of transporta- tion demand through the use of high occupancy vehicle lanes (HOVs), ridesharing, traffic signal timing, ramp metering, staggered work hours, and other traffic management techniques. The League also continues support for the draw down of the balance and accumulated interest in federal highway and airport trust funds and the return of those revenues to maintain highway, airport and transit systems. Restrictions in the federal budget process have thus far prevented congress from fully funding ISTEA highway and transit programs. Local officials are particularly concerned about the severely reduced spending levels for public transportation programs from appropriation levels authorized by ISTEA. Such circumstances are particularly worrisome because of the restrictions and potential reductions in funding for transit operating assistance. The League continues to support the following national transportation priorities as states implement ISTEA programs: • Improve commuter mobility, traffic congestion, air quality and energy conservation; • Increase investment in technologies that offer solutions to the problems resulting from depen- dence on movement of vehicles, including research and development of transportation alternatives; • Allocate federal funds to principal arterials to relieve interstate highway congestion; • Include metro and non -metro (primary) highway systems in the national highway classification system; • Support regional decision - making for project selection under the federal urban -aid highway program; • Increase reliance on movement of people by providing incentives to commuters to use highway transportation alternatives; • Maintain federal investment in transportation on a long -term basis. FL -24. Passenger Facility Charges and Airport Trust Fund Expenditures The League supports authorization of local airports to impose passenger facility charges (PFCs) to fund 54 League of Minnesota Cities airport capital development projects. The League also insists that the federal government spend down balances in the airport and airway trust funds as the principal mechanism for financing airport develop- ment and improvements. Legislation authorizing airport operators to levy PFCs on airline passenger tickets should be implemented only if federal financial support for other local airport programs is maintained and airline passengers are protected from exorbitant price increases for connect- ing flights to major airline routes at regional hub airports. Another essential condition for implementa- tion of the PFC is the spending down of the airport trust fund surplus over the next five years. Smaller airports and air travelers dependent on con- necting flights must also be assured of proportionate revenues and equity in the imposition of PFCs on such tickets. Congress must increase the rate of spending out of existing airport trust funds to meet pressing local capital needs and to increase grants to smaller airports. Airports should also be granted flexibility in the use of PFC revenues for: • Airport access road improvements; • Noise reduction and measures designed to aid nearby residential neighborhoods seriously im- pacted by airport operations; and • Airport operational costs. The transfer of a portion of aviation trust fund entitle- ment revenues from large and medium hub airports which decide to levy PFCs to smaller non -hub airports is a critical means by which small cities can also benefit from PFCs paid by passengers using connecting flights. It is estimated that PFCs will generate more than $1 billion per year to be used for construction, improved safety, and better air traffic control. In 1990, FAA estimated annual airport capital improvement at needs at $10 billion. The current PFC charge will cost passengers a maximum of $3 per enplanement, with no more than two such levies per one way ticket, regard- less of the number of connections. While increasing competition among airlines, such provisions must also provide sufficient safeguards for consumers to strengthen regional passenger airservice. It is also essential to assure that airline passengers from smaller airports who rely on reasonable rates for connecting flights at hub airports are not required to pay disproportionately higher fares as a result of imposition of PFCs by major airport operators. Ticketing and travel schedules that require more than two connecting flights should not be subject to disproportionate rate increases as result of PFC charges. City officials support restoration of funding to the essential air service program for small municipal airports hurt by deregulation. Provisions that would prevent the U.S. Department of Transportation from reducing the number of cities in the program and authorize sufficient funds (at least $26.6 million for fiscal year 1991) from the federal aviation trust fund must be key components of federal policy and must be included in legislation to authorize PFCs at larger airports. FL -25. Refugee Assistance The League supports full funding of the refugee act of 1980 and urges Congress to improve coordination between federal government agencies in the formula- tion of refugee policy. The League also urges the National League of Cities and the federal government to study refugee settlement concerns and to take further action based on timely research. Resettlement is a national issue, and the League believes that more federal assistance is warranted. Funding levels for assistance programs to refugees need to be more representative of annual admission levels. Further congressional action should establish greater cohesion among the refugee admissions policy of the U.S. Department of State, the level of appropria- tions for assistance programs established by Congress, and the administration of the refugee assistance act by the office of refugee resettlement in the department of health and human services. Refugees who settle in the United States, particularly Southeast Asians, face a number of serious problems. The educational system is generally ill- equipped to 1993 City Policies and Priorities 55 help young refugees and their children. Along with the obvious cultural and linguistic barriers to achieving self - sufficiency, educational problems promote a cycle of poverty and welfare dependence among refugees. In addition, refugees experience social and psychological problems that are uniquely related to their past experi- ences and recent settlement in the United States. Their isolation from other Americans and the lack of federal funding for specific education, social services, and job training for refugees compounds the problem. The continual arrival of new refugees, the significant numbers of settled refugees, and the cultural and linguistic barriers to serving these unique people, all point to an ever - growing strain upon cities, counties, and states across the nation. The League recommends that the federal government study these concerns to assist in the formation of a more comprehensive program to achieve the goals of self - sufficiency and cultural assimilation for refugees. Increased federal funding to special programs for refugees has been encouraging. Restoration of funding levels for AFDC, refugee cash assistance, state and county administrative costs and the refugee unaccompanied minor program continue to be impor- tant to cities coping with the strain of refugee settle- ment. However, municipalities do not have adequate resources to address refugee concerns. FL -26. Social Security Deductions for Election Judges The League urges Congress to provide a permanent blanket exemption from Social Security coverage for election judges. Uniform exclusion of all election workers from provi- sions of the new federal tax requirements that apply is necessary to eliminate this unnecessary requirement for employees whose average age nationally is 54 and among whom are a large number of retirees. It should also be noted that election judges earning less than $100 per year are already exempt from these provisions. The League is encouraged by efforts underway to raise the income threshold for election judges which will exempt most of them from these new requirements. Congress should also consider exempting el ction judges from current Medicare payment requirements. This matter is urgent in view of many local elections scheduled each year. The impact of the Social Security tax on local election judges will make it especially difficult to recruit and retain citizens willing to take part in the important work of conducting election day activities at the polls. City officials are also dismayed at the increased administrative workload needed to comply with these requirements and the reactions of those serving as election judges who will now have additional deduc- tions made from the modest wages earned as polling place workers on election day. Senior citizens who serve as election judges have expressed anger and frustration over the recent tax changes and have indicated that they will refuse to serve in the future as a result of the imposition of these coverage requirements. FL -27. Government Accounting Reporting Requirements The League of Minnesota Cities urges the Govern- ment Accounting Standards Board (GASB) to refine the GASB 10 statement to allow for the recognition of future revenues to offset the present value of risk liabilities and promises of future benefits for retirees. The League supports accurate reporting of city finances with full recognition of realistic revenue streams for future years to offset liabilities for obligations which require future payments. The GASB 10 requires cities to report the present value and available assets to finance the following types of liabilities for annual reports and operating statements: • Accident, health, dental, and other medical ben- efits; • Post - retirement benefits; • Torts; • Job - related illnesses or injury to employees; • Theft or damage to or destruction of assets; • Acts of God; and • Errors or omissions. 56 League of Minnesota Cities • GASB 10 reporting requirements, as proposed, would fundamentally alter the way in which governments account for insurance costs as well as self-insured claims and have budgetary and management implica- tions in addition to impact on accounting and financial reporting. If modifications in proposed financial accounting standards for full disclosure of long -term liabilities are not made in GASB 10, many cities will show substan- tial negative fund balances. The proposed national accounting standards, which take effect June 15, 1994, will adversely affect units of state and local govern- ment as well as public employee systems, government utilities, hospitals, and colleges and universities. Failure to devise remedies to reduce liabilities that must be reported under GASB 10 will increase the likelihood of the reduction in city bond ratings due to the magnitude of unfunded long -term obligations. 1993 City Policies and Priorities 57 )1� ARNE H. CARLSON GOVERNOR STATE OF MINNESOTA OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 TO: AFFECTED STATE LEGISLATORS, CLERKS, CITY AND COUNTY ADMINISTRATORS FR: JOESEPH R. KINGMAN III, DIRECTOR OF APPOINTMENTS AND CONSTITUENT SERVICES DATE: OCTOBER 27, 1992 SUBJECT: NOTICE OF MEETING DATE FOR METROPOLITAN COUNCIL DISTRICT #7 VACANCY In January 1993, the Metropolitan Council District #7 seat will become vacant due to the expiration of the current term. District 7 includes the Ramsey County cities of Mounds View, Shoreview, North Oaks, Arden Hills, Vadnais Heights, Gem Lake and White Bear Lake; the Anoka County cities of Centerville and Lino Lakes; and the northern section of Washington County from Stillwater to Scandia. The Metropolitan • Council Nominating Committee must now conduct a public hearing to consider candidates for the seat. Governor Carlson has designated the following persons to serve on the nominating committee: Maureen Shaver (Ex- officio Chair), Wayzata Karen Anderson (Elected official), Minnetonka Carl Cummins III (Elected official), Mendota Heights Sally Evert (Elected official), Stillwater Rich Hadley, Oakdale Martha Head, Minneapolis Martin Kellogg, Saint Paul Ray Pleasant, Bloomington The nominating committee will hold the hearing for this vacancy on Thursday, December 10 at 6:30 p.m. in the Roseville City Hall Chambers, 2660 Civic Center Drive. Persons interested in the seat are requested to appear at the hearing. Each candidate will be allotted no longer than 5 minutes to make a presentation before the nominating committee, followed by no longer than a 10 minute question and answer period. If you have any questions or need an application, please feel free to call Cheryl Talberg at 296 -0077 or John Hultquist at 296 -0013. AN EQUAL OPPORTUNITY EMPLOYER 0 PRINTED ON RECYCLED PAPER 575 as ociation of metropolitan municipalities Oct. 27, 1992 BULLETIN To: Mayors and Managers /Administrators r ROM: rarer Anderson, Aiviivi President 'f'1' k RE: Metropolitan Council member nominations In January 1993, eight of the Metropolitan Council members' appointments expire. Some will be seeking reappointment to their seats; others will not. The odd - numbered Council District seats are the ones affected. I am honored to be a member of the Governor's Metropolitan Council Nominating Committee, which has the task of finding good, qualified candidates for the governor to consider. The Metropolitan Council in 1993 will be making decisions that will affect cities and their residents for many years to come. For example, the Council will continue its revision of the MDIF, implementing the strategy outlined in its Metro 2015 vision document, continuation of the dual -track airport planning process, as well as water and pollution related issues and its legislative agenda. I am asking you for help in finding qualified candidates with experience in municipal government and who have a metropolitan perspective. I believe this combination of experience and perspective, coupled with the belief in the strength of local governance, will help us attain the best candidates for appointment. The nominating committee will begin meeting and conducting public hearings in November on the pending vacancies, and expects to complete its work in , ianuary. People who have questions about the application /appointment process may call Cheryl Talberg or John Hultquist in the Governor's Office, 296 -0077. Those who are interested in applying may request an application from the Secretary of State's Office, Open Appointments Division, 297 -5845. Again, the committee is looking for the best candidates for the Metropolitan Council seats. With your help, I believe the cities in the affected districts can identify such nominees. Thank you for your assistance. DISTRIBUTION NOTE: This bulletin has been mailed to mayors and managers /administrators only. Please feel free to duplicate and distribute as you believe necessary. 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490 -3301 6Y-4 Ateemaazied 03fa Wm/et =J = ' ..la III r r �� •E J�.awl. 19 October 1992 TO: CITY OF STILLWATER, MINNESOTA Wally Abrahamson, Mayor Ann Bodlovick, Councilmember Roberta Opheim, Councilmember Thomas Farrell, Councilmember Gary Funke, Councilmember Gary Funke, Councilmember 1940 S. Greeley St. Suite 108 Stillwater, MN 55082 (612) 439- 0871 FAX: (612) 430- 1459 Mary Lou Johnson, City Clerk (as required by law) Enclosed is a copy of a Petition for a City of Stillwater audit. It was prepared in format and sent to me by Mr. Mark B. Dayton, State Auditor. On several occasions over the past years, I have formally and informally requested the assistance of the City Council of the City of Stillwater to resolve what initially appeared to be fiscal differences. And as recently as of August 4, 1992, I , in writing, respectfully asked the members of the City Council to request a State of Minnesota audit in conformance to the provisions set forth in statutes to put certain financial questions into proper perspective. No answer was forthcoming...verbally or in writing. Further, State of Minnesota authorities have informed me verbally and in writing that the City of Stillwater has two choices -- Request an audit themselves, or, have citizens request an audit through petition. The State authorities has also provided the exact number of signatures needed based on past voting records and registered. Therefore, I respectfully ask each member of the City Council to show their confidence in their past and current actions by signing the enclosed petition and return it to me in the next 14 days. Of course, a refusal to participate in this action, in all probability, will indicate much to the voters and residents of Stillwater and other communities. Signatures, in addition to your own, will be appreciated. I look fjQrwa'd to receiving your support and assistance within the ext tw nc rel nold Jiri " Where the impossible takes a little Loge!'" .F 6.51 STATE AUDITOR 158 Y." in section 6.50 are herewith extended to all school districts, towns, and statutory cities of this state. A copy of the report of such examination shall be filed, subject to public inspection, with the clerk of the town, statutory city, or school district receiving such examination, and an additional copy with the county auditor of the county in which the administrative offices of such town, statutory city, or school district are located. If such report disclose malfeasance, misfeasance, or nonfeasance in office, the state audi- tor shall file such copy with the county attorney of the county in which the administra- tive offices of such school district, town, or statutory city are located, and the county attorney shall institute such proceedings as the law and the public interest require. History: (3281) 1913 c 555 s 8; 1961 c 586 s 3; 1973 c 123 art 5 s 7; 1973 c 492 s 14 6.515 AUDIT OF FEDERAL MONEY. The state auditor, in respect to any political subdivision subject to the state audi- tor's audit jurisdiction provided by this chapter, is empowered to examine all accounts and records of the subdivision relating to funds consisting in whole or part of money received from the federal government or any agency thereof. History: 1977 c 447 art 7 s 1; 1986 c 444 6.52 TESTIMONIAL POWERS. In all matters relating to official duties, the state auditor shall have the powers pos- sessed by courts of law to issue subpoenas and cause them to be served and enforced. All state and county auditors, treasurers, and other public officials, and their respective deputies and employees, all officers, directors, and employees of all railway and other companies required by law to pay taxes to the state upon a gross earnings basis, and all persons having dealings with or knowledge of the affairs or methods of such compa- nies, and likewise all corporations, firms, and individuals having business involving the receipt, disbursement, or custody of the public funds shall at all times afford reasonable facilities for such examinations, make such returns and reports to the state auditor as required, attend and answer under oath the auditor's lawful inquiries, produce and exhibit such books, accounts, documents, and property as the auditor may desire to inspect, and in all things aid the auditor in the performance of duties. History: (3283) 1913 c 555 s 10; 1973 c 492 s 14; 1986 c 444 6.53 REFUSAL TO ASSIST; PENALTY. Every person who shall refuse or neglect to obey any lawful direction of the state auditor, or the auditor's deputy or assistants; withhold any information, book, record, paper, or other thing called for by the auditor for the purpose of examination; willfully obstruct or mislead the auditor in the execution of duties; or swear falsely concerning any matter stated under oath, shall be guilty of a felony, the minimum penalty whereof shall be a fine of $3,000, or imprisonment in the Minnesota correctional facility - Stillwater for one year. History: (3284) 1913 c 555 s 11; 1973 c 492 s 14; 1979 c 102 s 13; 1984 c 628 art 3s 11; 1986c444 6.54 EXAMINATION OF MUNICIPAL RECORDS PURSUANT TO PETITION. The registered voters in a home rule charter or statutory city or the electors at an annual or special town meeting of a town may petition the state auditor to examine the books, records, accounts, and affairs of the home rule charter or statutory city, town, or of any organizational unit, activity, project, enterprise, or fund thereof; and the scope of the examination may be limited by the petition, but the examination shall cover, at least, all cash received and disbursed and the transactions relating thereto, provided that the state auditor shall not examine more than the six latest years preced- ing the circulation of the petition, unless it appears to the state auditor during the exam- ination that the audit period should be extended to permit a full recovery under bonds AU- 00043 -01 OFFICE OF THE STATE AUDITOR STATE OF MINNESOTA St. Paul, Minnesota PETITION FOR AUDIT AND EXAMINATION 1. Documents indicating financial irregularities over several years 2 . The entire cost of the audit, requested herein, must be paid for, under the law, by the governmental unit mentioned below. . No State Audit performed in more than 26 YEARS. We, the undersigned, are registered voters of the STILLWATER (City or town) of THE STATE OF MINNESOTA , County of WASHINGTON Minnesota, do hereby petition the State Auditor, pursuant to law, to audit the books, records, accounts and affairs of said. CITY OF STILLWATER , covering the period from 1 JANUARY , 19 to 31 DECEMBER , 19 92. We, the undersigned petitioners, also request that a copy of the final audit report be sent to: Name ARNOLD GEORGE JIRIK: THE INTERNATIONAL IDEA CENTER Address 1940 SOUTH GREELEY STREET: SUITE 108: STILLWATER, MN 55082 Name Address 1. 2. 3. 4. 5. 6. 7. • November 1, 1992 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 October 27, 1992, Parks Supervisor Tim Thomsen informed the Board of a recent incident on City -owned parkland. A Croixwood resident cleared a 50 -foot path through the parkland and wetland from his home to Long Lake. He also built a dock and a fire pit. No criminal charges were filed, but he was directed to remove the dock and fire pit. Please refer to Police Report #92 -8238 for further information on this incident. We are concerned that this may become an increasing problem, and are therefore asking the City Council to enforce the law and to also notify all property owners bordering the lake that the parkland and wetland are owned and controlled by the City and should not be violated. Thank you for your assistance in this matter. ZOO Wayne Wohlers Chairman Parks and Recreation Board WW /ss BOB LONG Councilmember November 2, 19921 Wally Abrahamson Mayor of Stillwater 216 N 4th Street Stillwater MN 55082 L Dear 1V Cyor Abraham o CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL As you may recall, I sent a resolution to you a few months ago for consideration by you and your City Council. The resolution calls for the Legislature to support a constitutional amendment dedicating the funding for the Local Government Trust Fund and requesting the League of Minnesota Cities to make such an amendment one of their priorities for 1993. The constitutional amendment would dedicate the two cents of the state sales tax now going to the Local Government Trust Fund and would rename the fund the Property Taxpayers' Trust Fund. By guaranteeing a consistent funding source for the Property Taxpayers' Trust Fund, local governments' abilities to meet the needs of their constituents will be enhanced. As a local government official from a city that receives Local Government Aid, I am sure you understand the destabilizing effect that the continued tinkering with the current Local Government Trust Fund has on your city. The total elimination of LGA contained in the Trust Fund, as has been proposed by the Governor and others, would be devastating. Enclosed is a list of cities that have passed this resolution. As you can see, the number of cities supporting a constitutional amendment is large and it grows every day. I am asking that your City Council consider passing a similar resolution during the next month so we can begin talking with legislators. It is extremely important to get your city to adopt this resolution to strengthen our case at the Legislature. The LMC's Revenue and Legislative Committees have supported the constitutional amendment position unanimously, and it will go before the full membership at the November policy adoption meeting. Once your city has passed the resolution, I would urge you to take your case to your local Chamber of Commerce for their support. They need to know that if LGA disappears, local property taxes on businesses will have to be increased to make up the revenue shortfall that local governments will face. As small business leaders they also know the devastating effects property tax increases can have on local economies. You should also contact your local legislators to let them know that you support continuation of the partnership between the State and Local Governments. They should know how important creation of the Property • Tax Payers Trust Fund and constitutional dedication of sales tax revenue for local property tax relief programs really is. CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 Sou46 Printed on Recycled Paper 612/298 -4473 Thank you for your consideration on this issue. Together, we can help to keep Minnesota's property taxes low and its local governments strong. When Stillwater passes the resolution, please send copies to the League of Minnesota offices and to my office so that we can keep an accurate listing of all the cities supporting this effort. If you have any questions or comments, please contact me at 298 -4473. t regards, Bob s ng City Councilmember, St. Paul cc: Nile Kriesel • 1 Presented By RESOLUTION CITY OF , MINNESOTA Referred To Committee: Date 1 Resolution Concerning a Constitutional Amendment 2 to Create a New Property Taxpayers' 3 Trust Fund in Minnesota 4 WHEREAS, the State of Minnesota enacted a 3% State sales tax in 1967 with the promise to voters 5 that the money would be returned to them in the in the form of lower property tax relief for property 6 tax payers; and 7 WHEREAS, in 1991 the Governor and State Legislature approved the addition of a 2% increase in 8 the State sales tax, raising it from 6% to 61/2% with 20 dedicated to fund the Local Government Trust 9 Fund which was created to continue the State's commitment to local property tax relief; and 10 WHEREAS, in 1992, the Governor and State Legislature extended the 61/2% sales tax to local 11 government purchases with the promise of continued property tax relief through the Local 2 Government Trust Fund; and 13 WHEREAS, each year local governments are forced to combat continued attempts to reduce the 14 levels of State revenue dedicated to local property tax relief through cuts in programs such as Local 15 Government Aid; and 16 WHEREAS, it is anticipated that the State will face another budget deficit in 1993, making cuts in 17 local property tax relief programs tempting ways to solve the State's budget problems; and 18 WHEREAS, Governor Carlson has already publicly announced that he will concentrate on eliminating 19 local property tax relief programs during the upcoming legislative session; and 20 WHEREAS, the League of Minnesota Cities and the Association of Metropolitan Municipalities have 21 taken positions supporting a constitutional amendment dedicating 2e of each 61/20 collected from the 22 State sales tax to the Local Government Trust Fund if such dedication cannot be assured statutorily; 23 now, therefore, be it 24 RESOLVED, that the City of calls upon the State Legislature to support a 25 constitutional amendment dedicating 2e of each 61/20 collected by the State sales tax to a new Property 26 Taxpayers' Trust Fund, to guarantee continued property tax relief from the current Local Government 27 Trust Fund; and be it further • 28 RESOLVED, that the City of strongly urges that the League of Minnesota Cities and the 29 Association of Metropolitan Municipalities make one of their 1993 priorities support for a 30 constitutional amendment dedicating 20 of each 61/20 collected by the State sales tax to a new Property 31 Taxpayers' Trust Fund; and be it further RESOLVED, that the City requests that the League of Minnesota Cities begin coordinating a series of state -wide "Truth in Taxation" meetings with property taxpayers, to be held this fall, to educate the public and candidates for State elected offices on the issues regarding the need for a constitutional amendment dedicating 2¢ of each 61/20 collected by the State sales tax a new Property Taxpayers' Trust Fund to protect local property tax relief funds from budget cuts during the 1993 Legislative Session. Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department of: By: Form Approved by City Attorney By: Approved by Mayor for Submission to Council By: Yeas Nays Absent Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department of: By: Form Approved by City Attorney By: Approved by Mayor for Submission to Council By: Nov. 2, 1992 CITIES ADOPTING RESOLUTIONS SUPPORTING A CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF ITY DATE OF POP. ADOPTION CITY DATE 0 POP. ADOPTIC ADA 1,708 Sept. 8, 1992 ADRIAN 1,141 Sept. 21, 1992 ANDOVER 15,216 Sept. 15, 1992 APPLE VALLEY 34,598 Sept. 24, 1992 ARGYLE 636 Sept. 8, 1992 ATWATER 1,053 Sept. 18, 1992 AURORA 1,965 Oct. 6, 1992 AUSTIN 21,907 Sept. 8, 1992 BAGLEY 1,388 Oct. 13, 1992 BATTLE LAKE 698 Sept. 8, 1992 BECKER 902 Oct. 6, 1992 BEMIDJI 11,245 Sept. 21, 1992 BIG LAKE 3,113 Sept. 21, 1992 BIGFORK 384 Sept. 8, 1992 BIRD ISLAND 1,326 Sept. 14, 1992 BOVEY 662 Sept. 9, 1992 BRAHAM 1,139 Sept.8, 1992 BRANDON 441 Sept. 8, 1992 BRICELYN 532 Oct. 5, 1992 BUHL 915 July 7, 1992 CALLAWAY 212 Sept. 8, 1992 CHAMPLIN - 16,849 Sept. 14, 1992 CHANHASSEN 11,732 Sept. 28, 1992 CHISHOLM 5,390 Sept. 8, 1992 CLARKS GROVE 675 Sept. 14, 1992 CLOQUET 10,885 Oct. 6, 1992 COMFRY 433 Sept. 3, 1992 AILCOSMOS 610 Sept 10, 1992 WCOTTAGE GROVE 22,935 Sept. 2, 1992 CRYSTAL 23,778 July 21, 1992 DAYTON 4,443 Aug. 3, 1992 DEERWOOD 524 Sept. 8, 1992 DELAVAN 245 Sept. 14, 1992 DETROIT LAKES 6,635 Aug. 4, 1992 DODGE CENTER 1,954 Sept. 8, 1992 DULUTH 85,493 Aug. 24, 1992 EAST GULL LAKE 687 Sept. 8, 1992 EASTON 229 Oct. 14, 1992 ELLENDALE 549 Oct. 8, 1992 ELMORE 709 Sept. 14, 1992 ELY 3,968 Sept. 14, 1992 ERSKINE 422 Sept. 24, 1992 EXCELSIOR 2,367 Sept. 21, 1992 FAIRFAX 1,276 July 7, 1992 FAIRMONT 11,265 Aug. 8, 1992 FALCON HEIGHTS 5,380 Aug. 12, 1992 FARMINGTON 5,940 Oct. 6, 1992 FERTILE . 853 Sept.14,1992 FOLEY 1,854 Sept. 21, 1992 GRAND MARIAS 1,171 Aug. 12, 1992 GRAND RAPIDS 7,976 July 27, 1992 GREENBUSH 800 Oct. 22, 1992 HALLOCK 1,304 Oct. 5, 1992 HAM LAKE 8,924 Sept. 8, 1992 HANCOCK 723 Sept. 14, 1992 HANOVER 787 Sept. 17, 1992 HINCKLEY 946 Oct. 6 1992 HOWARD LAKE HOYT LAKES INDEPENDENCE KEEWATIN KELLOGG KASOTA KASSON KILKENNY JACKSON LAKE CRYSTAL LAKE WILSON LAKEFIELD LAPRAIRIE LEWISTON LESTER PRAIRIE UTTLE CANADA LONG LAKE LONG PRAIRIE LUVERNE LYND MADISON LAKE MANKATO MARBLE MARINE ON ST. CROIX MCKINLEY MINNEAPOUS MINNEOTA. MINNESOTA LAKE MOORHEAD MOUNTAIN LAKE MURDOCK NASHWAUK NEW MARKET NORTH MANKATO NORTH ST. PAUL OAKDALE OTSEGO PELICAN RAPIDS PINE ISLAND REDWOOD FALLS REMER RICE ROYALTON RUSHFORD RUTHTON SACRED HEART ST. CHARLES ST. CLOUD ST. PAUL ST. STEPHAN SAUK RAPIDS SHAKOPEE SLAYTON STEWARTVILLE STOCKTON STRANDQUIST THIEF RIVER FALLS 1,343 Oct. 6, 1992 2,348 Sept. 21, 1992 2,822 Sept. 8, 1992 1,118 July 8, 1992 423 Sept. 24, 1992 655 Oct. 2, 1992 3,514 Sept. 11, 1992 167 Oct. 9, 1992 3,559 Aug. 4, 1992 2,084 Sept. 8, 1992 319 Sept. 16, 1992 1,679 Sept. 8, 1992 438 Sept. 16, 1992 1,298 Sept. 9, 1992 1,180 Sept. 8, 1992 8,971 Sept. 23, 1992 1,984 Sept. 16, 1992 2,786 Sept. 21, 1992 4,382 Aug. 10, 1992 287 Sept. 14, 1992 643 Sept. 14, 1992 31,477 July 27, 1992 618 Sept. 14, 1992 602 Sept. 10, 1992 116 Oct. 6, 1992 368,383 Jan. 10, 1992 1,417 Sept. 8, 1992 681 Oct. 6, 1992 32,295 July 20, 1992 1,906 Sept. 8, 1992 282 Sept. 10, 1992 1,026 Sept. 23, 1992 227 Sept. 9, 1992 10,164 Oct. 19, 1992 12,376 Aug. 3, 1992 18,374 Sept. 8, 1992 5,219 Sept. 28, 1992 1,886 Sept. 14, 1992 2,125 Sept. 25, 1992 4,859 Aug. 4, 1992 342 Sept. 8, 1992 610 Oct. 5, 1992 802 Sept. 8, 1992 1,485 Sept. 14, 1992 328 Sept. 8, 1992 603 Oct. 5, 1992 2,642 Sept. 8, 1992 48,812 July 20, 1992 272,235 May 26, 1992 607 April 4, 1992 7,825 Sept. 14, 1992 11,739 Oct. 6, 1992 2,147 Sept. 21, 1992 4,520 Sept. 22, 1992 529 Sept. 8, 1992 98 Sept. 8, 1992 8 010 Se • t. 8 199'`. Continued on .next page Nov. 2, 1992 CITIES ADOPTING RESOLUTION SUPPORTING A CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF a DATE OF CITY POP. ADOPTION CITY DATE OF POP. ADOPTOOF TWO HARBORS VERNON CENTER VERMILLION VESTA WAHKON WARREN WASECA WATKINS WEST CONCORD 3,651 Aug. 24, 1992 339 Sept. 8, 1992 510 Oct. 6, 1992 302 Sept. 8, 1992 197 Sept. 14, 1992 1,813 Sept. 14, 1992 8,385 Aug.18,1992 849 Sept. 10, 1992 871 Sept. 2, 1992 WEST ST. PAUL WHEATON WILLMAR WINDOM WINNEBAGO WINONA WINTON WORTHINGTON 19,248 1,615 17,531 4,283 1,565 25,399 169 9,977 Sept. 14, 1992 Sept. 10, 1992 Oct. 7, 1992 Sept. 15, 1992 Aug. 12, 1992 July 20, 1992 Oct. 5, 1992 July 27, 1992 _REPRESENT_ ORGANIZATIONS SUPPORTING CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF Notes Approved by Board; Final Policy Adoption in November Approved by Board; Final Policy Adoption in November Represents 27 cities, 8 townships, and 16 school districts on the Iron Range Organization Association of Metropolitan Municipalities League of Minnesota Cities Range Association of Municipalities and Sct ools Legislator Anderson, Iry Bauerly, Jerry Beard, Pat Bertram, Jeff Betterman, Hilda Bodahl, Larry Brown, Chuck Dauner, Marvin Frederickson, D.J. Garcie, Edwina Hasskamp, Kris Jacobs, Joel Johnson, Bob Kalis, Henry Kelso, Becky Kinkel, Tony Lesley, Harold STATE LEGISLATORS WHO AUTHORED BILLS SUPPORTING CONSTITUTIONAL AMENDMENTS DURING THE 1992 LEGISLATIVE SESSION Legislative District Bill HD3A HF2289 HD18D HF2290 HD56B HF2241 HD16B HF2405 HD 11 B HF2241 HD35B HF2292 HD11A HF2291 HD9B HF2291 SD20 SF2519 HD40A HF2290 HD13A HF2241 HD49B HF2291 HD4A HF2290 HD29B HF2405 HD36A HF2292 HD4B HF2291 HD19A HF2292 Legislator Lessard, Bob Marian!, Carlos Milbert, Robert Nelson, Syd Ogren, Paul Olson, Katy Olson, Edgar Ostrom, Don Rest, Ann Segal, Gloria Solberg, Loren Sparby, Wally Steensma, Andy Thompson, Loren Wenzel, Steve Winter, Ted Legislative District Bill SD 3 SF2519 HD65B HF2241 HD39B HF2289 HD12A HF2291 HD14A HF2289 HD28B HF2405 HD2B HF2289 HD23B HF2292 HD2B HF2289 HD44B HF2626 HD3B HF2405 HD 1 B HF2290 HD27B HF2292 HD10A HF2241 HD13A HF2290 HD28A HF2405 CITIES SUPPORTING A CONSTITUTIONAL AMENDMENT DEDICATING STATE SALES TAX FUNDS FOR PROPERTY TAX RELIEF * Greenbush * HaJodc * Strandquist *Argyle t T Thief River Fails Warren Erskine* Fertie* * Ada Bagie * *Bemidj * Moorhead * Callaway * Detroit Lakes * Pelican Rapids Battle Lake* Brandon* * Blgfork Nov. 2, 1992 Ey ** W nton ch ho dnle}!, * " Keewati Buu Grand Rapids **wrote *Ramer ( Deerwood * East dui Lake *Long Prairie kon * *Hinckley Rice St Stephan * , '{ ' Brahem City *Hancock *St. Cloud Grand Marais Two Harbors Cloquet* er ,* Murder n* ** Bing Lake Wmmar **Atwater Howard Lake Coamos* )'LesterPralda Sacred Heart * *Bird Island *Msoft Lynd * Vesta* * *F . * Ruththn * Redwood. Fab ." lake Duluth TWIN CITIES METROPOLITAN AREA * New Market Manny Lake Wbon* * s Mon t *wriar Cpa ary ` * Ward � yfsG l�rverr.* *We I,*'Jad �kr rat Andover Valley Champlin Chanhassen Crystal Cottage Grove Exmoor Falcon Heights Farmington Ham Lake Hanover °nogg Little Lake • on SL Croix Minneapolis North St. Paul Oakdale Otsego St Ve• rmillion West St. Paul :1111 _ 1111.__ POPULATION REPRESENTED: ill 1,347,963 CITIES REPRESENTED: 131 November 5, 1992 Nile Kriesel City of Stillwater 216 N 4th St. Stillwater, MN 55082 Dear Mr. Kriesel, This letter is regarding the flooding of our home located at 1100 and 1106 4th Street North, Stillwater July 12th and again on July 19th, 1992. After the first flood the carpeting was removed from the floor and cleaned. At that time there were no cracks in the concrete floor. After the second flood and upon the removal of the carpeting again, there were cracks running both ways from the center of the building. It would appear that since these cracks were not evident the first time around that some structural damage might have occured during the second flooding. • We believe the City of Stillwater is liable for the damages to our home from a storm sewer line that has now been determined to be running through our property of which our personal sewer line is connected. We believe that our property being only two years old has incurred irreversible structural damage and therefore, we feel that we would be eligible, due to the floor cracking, for structural damages. The amount of those damages based on the assessed market value would be $13,212.50, being 15% of the assessed market value of $114,900.00. We would also consider a $4,000.00 cash payment for the inconvenience, enormous damages and, loss of quiet enjoyment of our yard. Upon both of the aforementioned payments, we would give the City of Stillwater the permanent easement that they legally need to maintain their utilities in a proper and professional manner. We feel that the $17,212.00 settlement that we would be willing to accept is far less than what the City would be held responsible for if we were to litigate this issue in the courts. Sincerely, 1 Thomas Hubman TH:jgk • 1RINIIY k.1 MI RAN CHURCH 115 NORTH FOURTH STREIT, STILLWA1 ER, MN 55082 81'2 439 -740() November 10, 1992 Mary Lou Johnson, Clerk City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Ms. Johnson Trinity Lutheran Church is sponsoring their annual Holiday Festival, YuleFest, on Saturday, November 21, 1992. We have a large banner available to hang over the street. We respectfully request permission to have this banner installed by the Stillwater Fire Department over Chestnut Street so that we can announce the festival. We would like the banner to be hung as soon as possible, and to remain hanging through Saturday, November 21, 1992. 1 understand that we need permission from the Stillwater City Council and ask that this matter be placed on the agenda for the meeting scheduled for this evening. Please notify me by telephone at 348 - 4976 during the daytime hours, when the Council makes a determination on this request. I will have the banner available for the Fire Department to install at their earliest convenience. If you need additional information, please feel free to contact me. Thank you for your assistance and kind cooperation, ours, Lila d1- M•riart Public Chairper Trinity YuleFest 1992 LAIMICTQV TCAAA 11ANICI 1 IAIJAIC QCTCV A P1A1 IAA 1 CAAIARF .1 NAf]FA1I RIC;WAR(1 A MFI HFIM 1 FMAN V CA SFNIIJS Telephone (612) 439 -5276 • • Stillwater Elks Lodge No. 179. B.P.O.E. 279 East Myrtle Stillwater, Minnesota 55082 OCTOBER 1, 1992 PARL DEPA RT LENT HEADQUARTERS 1372 SO. GREELEY STREET STILLVAT R, MN 55082 DEAR SIRS, The Christmas season will soon be on us and the Stillwater Elks Lodge 179 will be selling trees again to assist in the many community projects that we are called upon to do throughout the year. Therefore, we again ask permission to use the Lily Lake tennis courts from approximately one week before thankgiving through Christmas Day for this purpose. Brother John Lollar with able assistance of Bernie Peltier will be in contact with you for this purpose. Thank you for your consideration. SIN 'ERELY YOUP EUGEl L. CANNON, SECRETARY (- 744 %ask Pec �dA�a o rl • • DAVID T. MAGNUSON ATTORNEY AT LAW THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE 8260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 TELECOPIER: (612) 439 -5641 October 30, 1992 Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Nile: Enclosed is a letter of intent that could be used for the Johnson proposal. I am sending a copy of this letter to Anna Sorbie so that she can review the latest draft. I am also sending a copy of this letter to Lynn Bertalmio so that she and the library board could consider using a form that has been given our approval for their program with Johnson. Please call if there are any further suggestions. Yours very truly, David T. gnuson DTM /sls Enclosure cc: Anna Sorbie Lynn Bertalmio lwater THE BIRTHPLACE OF MINNESOTA -' City of Stillwater 216 North Fourth Street Stillwater, MN 55082 October 30, 1992 LETTER OF INTENT Anna Sorbie Johnson Controls, Inc. 1801 -67th Avenue North Minneapolis, MN 55430 Dear Anna: The City of Stillwater has reviewed Johnson Controls' ( "Johnson ") Performance Contracting Program ( "Program ") submitted to the City Council on October 20, 1992. The City is giving serious consideration to adopting the program that is outlined in your proposal, however, any responsibility or obligation to enter into the program will be expressly conditioned upon the following events: 1. That Johnson provide evidence that they are a "qualified provider" within the meaning of Minn. Stat. §471.345, Subsection 13, Subparagraph c. 2. That before entering a contract for adoption of the program, Johnson submits to the City a report ( "Report ") summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs or debt service, and estimates of the amounts by which energy or operating costs will be reduced. 3. That the City finds, after a review of the report, that the amount the City would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over ten years from the date of installation if the recommendations in the report were followed. 4. That Johnson provide a written guarantee that the energy or operating costs savings will meet or exceed the costs of the system. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 Anna Sorbie October ' 3 0 , 1992 Page 2 If Johnson fails to produce a report within six months of the date of this letter, the City shall not be obligated in any way to Johnson and shall owe them nothing. If the above conditions occur but the City does not elect to enter into the program, the report prepared by Johnson, pursuant to paragraph 2 above, shall remain the property of the City of Stillwater upon payment to Johnson of the sum of $1,500.00, which shall be the limit of the City's liability as promised in this letter. Except as set forth herein, this letter shall not be construed as a promise to enter into a program with Johnson. Sincerely, CITY OF STILLWATER Nile L. Kriesel Its City Coordinator NLK /sis • AGENDA CITY OF OAK PARK HEIGHTS MONDAY, NOVEMBER 9, 1992 -- 6:15 P.M. 6:15 P.M. AGENDA I. Staff Reports 7:00 P.M. AGENDA I. Call to Order II. Visitors III. Public Hearings Valley Point II - Continued Assessment Role Robert - CUP for Home Occupation Amend Ordinance #401 & Dougherty CUP Highway #36 & Washington Avenue Utility Extensions Assessment Hearing IV. Departmental Reports Doerr - Utilities Carufel - Administration Seggelke - Parks Kern - Streets O'Neal Police Bridge Update Cable Update Consolidation Update Water Management Update V. Old Business Vending Machine Licenses Peddler & Cat Ordinances Schedule Dunker Workshop VI. Review Minutes - October 5th, 13th and 26th Viz. New Business Wal -Mart Subdivision Request Building Inspector Approve Lake Elmo Bank as Depository VIII. Bills Presented for Approval & Treasurer's Report Past -it`" brand fax transmittal memo 767.f# of pages a 7b From ca j rl V Co. Dept. Phone # Fax N Fax 0 IX. Correspondence Presented Washington Co. - Assessor " " - Auditor /Treasurer - Planning Piper Jaffray City Engineer League of MN Cities Berkley Risk Services • • • OCT 23 '92 10:12 OAK PARK HEIGHTS AGENDA Post -It'" brand fax transmittal memo 7571 # of pages ■ ilSOMPAIMI/ IEM MEM= Fax# Dept, Fax# CITY OF OATS PARK HEIGHTS MONDAY, OCTOBER 26, 1992 -- 6 :15 P.M. 6:15 P.M. AGENDA 1. Staff Reports 7:00 P.M. AGENDA I. Call to Order IT. Public Hearing Valley Point 2nd Addition -- Assessment Roll III. Visitors IV. Departmental Reports Parks - Seggelke Administration - Carufel Streets - Kern Utilities - Doerr Police - O'Neal Bridge Update Cable Update Consolidation Update Water Management Update V. Old Business Wal- Mart /Video Update Sign Requests Water Tourer Asphalt Quotes Watson Request Auditor Agreement Peddler & Cat Ordinances VI. New Business Wal -Mart Cigarette & Amusement License Request Employee Insurance Rink Attendants Investments Budget Amendments Fees for Vending Machines Pets Etc Sign Request OCT 23 '92 10 :12 OAK PARK HEIGHTS VII. Correspondence Presented Bell Atlantic Metropolitan Council Secretary of State Washington County Public Health Dept. MN Board of Water & Soil Resources Community Volunteer Service x 2 Washington County Administration Dept. City Attorney MN DOT P.2/2 * *Canvas Election & Employee Workshop -- November 4th at 7 :00 p.m. • • • CtiblwattGal na1 Lias LiNrcew ®tilbwal 0X0 MSS Board of Trustees Minutes October 6, 1992 Present: Buck, Cass, Childs, Engebretson, Freeman, Schmidt, Welshons, and Bertalmio. 1. Call to order: There being a quorum present the meeting was called to order at 6:37 PM by President Schmidt. 2. Adoption of the agenda: Absent any action to change mailed agenda accepted. 3. Communications - Card from Judy Gulden noting appreciation of Community Programming effort.. Public Commentary - None. 4. Consent Calendar: Adoption of Minutes Payment of Bills Committee Reports Monthly Activity Reports Director and other Staff Reports Presidents Report Moved to adopt the consent calendar, including payment of bills in the amount of $19,869.96. Seconded. Passed unanimously 5. Old Business,: A. WCL/SPL Automation Contract - Schmidt asked Bertalmio and Ruch to work with WCL to resolve remaining differences. B. 1993 Budget Request Reductions - Bertalmio reported that the City Council has accepted our proposed reductions with the !stipulation that the Capital Budget be reduced a total of $11,000. They have certified the Levy Request to the county. C. SPL Endowment Fund - Buck rapartad that the Endowment Fund Committee is making progress in organizing and recruting. The Board was asked to set goals for amount and for timing. Motion to set an Endowment Fund goal of $500,000 to be achieved in 1997, the 100th anniversary of the Stillwater Public Library. Seconded. Passed unanimously. D. Americans with Disabilities Act Compliance Study - Draft of study, Document A, was reviewed. Motion to authorize Director to proceed with remedies to items where expected cost is less than $100; remedies to other items to be referred to Buildings and Grounds Committee. Seconded. Passed unanimously. E. Collection Access Task Force Report - Report, Document B, was rovioaed. Director reported there is a dearth of good studies in this area. She asked for no action. It will be handled administratively with cooperating libraries. F. Collection Development Policy - Survey of Patron Satisfaction - An associate of Freeman is interested in working in this area for class credit. Freeman will follow up. G. Joint Board fleeting of Library Boards in County - Scheduled for Thursday, November 19. Details to follow. H. Other - None. 6. Nev Business: A. Policy Review - Personnel Policy and Sexual Harassment Policy - Motion to affirm as written. Seconded. Passed unanimously. B. Date Change for December Heating - Motion to set meeting date as December 8, 1992. Seconded. Passed unanimously. C. Request for Use of Runk Photo in Publication - Document C requests the use of one of the Runk photos. Board consensus to allow the request. D. Hours of Operation Review - Will review in November. E. Other-- None. 7. Adjournment - Agenda items being completed and no other business being before the Board President Schmidt adjourned the meeting at 8:02 PM. • i11wa ter THE BIRTHPLACE OF MINNESOTA FOR YOUR INFORMATION TO: MAYOR AND COUNCIL FROM: ANN PUNG - TERWEDO, PLANNER DATE: NOVEMBER 4, 1992 SUBJECT: ANNUAL HERITAGE PRESERVATION COMMISSION REPORT. As submitted every year, the attached report gives an overview of the activities of the Heritage Preservation Commission for 1992. This report is mandatory in order to maintain Certified Local Government Status by the National Park Service. This status also makes the City eligible for Federal Pass Through Grants from the Department of Interior. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439 -6121 STILLWATER HERITAGE PRESERVATION COMMISSION ANNUAL REPORT TO MINNESOTA HISTORICAL SOCIETY, STATE HISTORIC PRESERVATION OFFICE Local Designation: No local designations were made during the 1991 -1992 Federal Fiscal Year. It would be premature to conduct local designations because the local historic context study has not been completed. Also, immediate issues such as design review and park planning have taken much of the Heritage Preservation Commission's time. Design Review Permits: The Heritage Preservation Commission reviewed approximately thirty three design review permits between October 1, 1991 and September 29, 1992 according to the intent of the Preservation Ordinance, Design Review Ordinance and Sign Ordinance. A summary of these cases and the findings of each case includes the following: 1. Case No. DR/91 -15 - A resubmission for sign permit for a wall sign eighteen inches by eighty inches at 216 South Main Street in the Historic Commercial District. Deborah Ash, Applicant. Findings: The proposal met the intent of the Preservation Ordinance Downtown Design Guidelines and Sign Ordinance. APPROVED. Note: The applicant decided not to change signage after approval was given. Case No. DR /91 -18 - Design Review for a sign permit for the placement of a six square foot wall sign facing Union Alley at 221 East Chestnut Street in the Historic Commercial District. Roger Kastelle, Applicant. Findings: The proposal met the intent of the Preservation Ordinance, Downtown Design Guidelines and Sign Ordinance. APPROVED. 3. Case No. DR/91 -19 - Design Review for a sign permit for a thirty inch by seven feet blue and white wall sign at 101 East Myrtle Street in the Downtown Plan Area. Jim Isdahl, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines and Preservation Ordinance. APPROVED. 4. Case No. DR /91 -20 Design Review for a sign permit for an eleven foot by two foot wall sign for a business within the Staples Mill Complex at 402 North Main Street in the Downtown Plan Area. Joan Streuber, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines and Sign Ordinance. APPROVED. Ms. Strueber was asked to remove a non- conforming sign she had placed outside the building. 5. Case No. DR/91 -21 - Design Review for two duplexes at 310 North Second Street in the Downtown Plan Area. Nedegaard Construction Company, Inc., Applicant. This case was a Planned Unit Development project which was conditioned for Design Review. Also, this site was in the Downtown Plan Area. 1 Discussion: This case was reviewed two times by the Heritage Preservation Commission. Issues the Commission felt were important on this case were the compatibility of the structure with the neighborhood, design of the structures in relationship to the lots, proportion and color. The North Second Street area is sensitive due to the character of the homes which abut Downtown Stillwater. Findings: After two meetings on this case, the colors were approved along with design detail. These plans met the intent of the Downtown Design Guidelines. 6. Case No. DR/91 -22 - Design Review for a sign plan for the Fina Gas Station at 103 North Main Street in the Downtown Plan Area. John Ogren, Applicant. Discussion: The proposal for this sign plan did not meet the intent of the Downtown Design Guidelines; however, the sign regulation has a separate section for gas stations. The applicant and the Heritage Preservation Commission met two times on this case. It was finally agreed that the sign plan would include two wall signs, one facing Water Street and one facing Main Street, the replacement of the free - standing sign, graphic on the canopy. Internally illuminated. Findings: The proposal met the intent of the Sign Ordinance for gas stations. APPROVED. 7. Case No. DR/91 -23 - Design Review for valet parking signs throughout downtown Stillwater. CBF International, Applicant. Findings: The letter type and sign copy of the signs met the intent of the Downtown Sign Ordinance and Design Guidelines. APPROVED. 8. Case No. DR /92 -1 - Design Review permit for a sign program for a multiple use commercial structure at 114 East Chestnut Street in the Downtown Plan Area. Duane and Martha Hubbs, Applicants. Findings: The proposal met the intent of the Sign Ordinance and Downtown Design Guidelines. APPROVED. 9. Case No. DR/92 -2 - Design Review for a sign permit for a twenty five square foot wall sign at 318 North Main Street in the Downtown Plan Area. Albert Mitchell, Applicant. Findings: The proposal met the intent of the Sign Ordinance and Downtown Design Guidelines. APPROVED. 10. Case No. DR/92 -3 & 92 -17 Design Review for a sign permit for the placement of a twenty six square foot wall sign facing Main Street and a twenty six square foot sign facing Myrtle Street along with a projecting camera graphic and infill columns and planters. Colors were submitted at a later date (DR/92 -17) consisting of forest green and burgundy. 2 Findings: The proposal met the intent of the Preservation Ordinance, Sign Ordinance and Downtown Design Guidelines. APPROVED. 11. Case No. DR/92 -4 - Design Review for a sign permit for the placement of a twelve foot by two foot wall sign at 103 North Main Street in the Historic Commercial District. Kristin and Jeffery Klemstrud, Applicant. Findings: The proposal met the intent of the Sign Ordinance, Preservation Ordinance and Downtown Design Guidelines. APPROVED. 12. Case No. DR/92 -5 - Design Review for a sign permit for the placement of a six square foot (antique) sign for Midtown Antique Mall at 214 South Main Street in the Historic Commercial District. MIke Kranz, Applicant. Findings: The proposal met the intent of the Sign Ordinance, Preservation Ordinance and Downtown Design Guidelines. APPROVED. 13. Case No. DR/92 -6 - Design review for the construction of a garage at 204 North Third Street. Stillwater Water Department, Applicant. Discussion: The Water Department was demolishing a garage constructed in 1936. This garage was not large enough to accommodate water trucks and other vehicles. The Water Board felt a new garage would fit their future needs. The Heritage Preservation Commission felt the new garage should be architecturally sensitive to the existing Water Department building constructed in 1891. The following are the recommended conditions which were sent to the City Council as part of a variance requested for the garage. 1. The window style should match the existing garage. 2. Dormer should be incorporated on the roof line. 3. The trim should be black. 4. Dormers shall be placed on the other garage which was constructed in 1989. Findings: The proposal met the intent of the Preservation Ordinance, Downtown Design Guidelines and Sign Ordinance. APPROVED. The City Council approved the variance request on this proposal. They did remove the conditions for the dormer features. 15. Case No. DR/92 -8 — Design Review for a facade restoration at 308 South Main Street in the Historic Commercial District. Bob Lillyblad, Applicant. Findings: The proposal met the intent of the Preservation Ordinance and Sign Ordinance. NOTE: The applicants were approved for a traditional wood storefront. They received a building permit based on the plans approved by the Heritage Preservation Commission. To our surprise, a metal storefront was installed. They then proceeded to paint the storefront red based on an approved color from a small swatch. 3 16. Case No. DR/92 -9 Design Review for a sign permit for a twenty four square foot wall sign at 224 East Chestnut Street in the Historic Commercial District. Don Melander, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines and Preservation Ordinance. The color of the sign was not appropriate. APPROVED with removal of a twelve square foot projecting sign which was placed without a sign permit. 17. Case No. DR /92 -10 - Design Review for a facade renovation at 112 South Main Street and infill panels for 118 -126 South Main Street in the Historic Commercial District. Mike Lynskey, Applicant. Findings: The concept was approved for 118 -126 South Main along with the renovation of 112 South Main Street. Ann Pung - Terwedo reviewed color. The proposal met the intent of the Preservation Ordinance and Downtown Design Guidelines. APPROVED. 18. Case No. DR /92 -11 - Design Review for a new fence in the Courtyard area at the Grand Garage, 324 South Main Street, in the Historic Commercial District. Kevin LaCasse, Applicant. Findings: Mr. LaCasse did not submit sufficient information on materials. The concept met the intent of the Downtown Design Guidelines and Preservation Ordinance. APPROVED. • 19. Case No. Dr/92 -12 - Design Review for a sign permit for a six square foot projecting sign at 220 East Chestnut Street in the Historic Commercial District. Laurel Arnold, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines, Preservation Ordinance and Sign Ordinance. APPROVED. 20. Case No. DR/92 -13 - Design Review for the placement of an orange and brown striped awning at 132 South Main Street in the Historic Commercial District. Lyle Anderson, Applicant. Findings: The awning proposal met the intent of the Downtown Design Guidelines and Preservation Ordinance. APPROVED. (Later changed color on September 10, 1992) Blue and white. APPROVED. 21. Case No. DR/92 -14 - Design Review for a sign permit for a thirty square foot sign to be mounted on a pole. The property is located at 501 North Main Street in the Downtown Plan Area. Roanne Axdahl, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines and Sign Ordinance. APPROVED. 22. Case No. DR/92 -15 - Design Review for a sign permit to place a twenty four square foot sign to be mounted below an overhang. The property is located at 501 North Main Street in the Downtown Plan Area. Dan Nelson, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines and Preservation Ordinance. APPROVED. 23. Case No. DR/92 -16 - Design Review for a sign permit for the placement of an "open" flag at 209 South Main Street in the Historic Commercial District. Seasons Tique, Applicant. Findings: The applicant needs to identify that his business is open. Jeff Johnson suggested a small "open' sign be placed below the projecting sign. Recommendation: Work with Seasons Tique on an appropriate "open" sign. 24. Case No. DR/92 -17 - See Case No. DR/92 -3. 25. Case No. DR/92 -18 - Design Review for a Boat Plaza development for the St. Croix Boat and Packet Company. Dick Anderson, Applicant. Discussion: Major elements to the pan included a kiosk, a paver brick are, a deck area, benches and landscaping. Findings: The proposal met the intent of the Downtown Design Guidelines at a concept level. The applicant's representative was requested to submit samples of the benches, kiosk, and landscaping for final review.s In August, benches, fencing and landscaping were placed on the site. This was done by the applicant who was aware that these elements needed to be reviewed. The Heritage Preservation Commission did feel the benches were appropriate for the site. At this time, a formal letter has been submitted by the Heritage Preservation Commission to the City Council stating their concerncs. 26. Case No. DR/92-19-Design Review permit for an adaptive reuse project of the historic kiln at Staples Mill which is on the National Register of Historic places. The property is located at 501 North Main Street in the Downtown Plaza Area. Monty Brine, Applicant. Findings: The proposed adaptive reuse project met the intent of the Downtown Design Guidelines and Preservation Ordinance along with the Secretary of Interior's Standards for Rehabilitation. APPROVED. 27. Case No. DR/92 -20 - Design Review for a sign permit for the placement of a six square foot projecting sign at 118 South Main Street in the Historic Commercial District. Tracey Mazanec, Applicant. Findings: The proposal met the intent of the Sign Ordinance, Preservation Ordinance and Downtown Design Guidelines. APPROVED. 28. Case No. DR/92 -21 - Design Review for a sign permit for a six square foot projecting sign, a twenty eight square foot wall sign and new paint colors (forest green and burgundy) at 215 South Main Street,in the Historic Commercial District. Dan Gremestrud, Applicant. Findings: The proposal met the intent of the Preservation Ordinance, Sign Ordinance and Downtown Design Guidelines. APPROVED. 5 • 29. Case No. DR/92 -22 - Design Review for a sign permit for new signage at 213 East Chestnut Street in the Historic Commercial District. Chris Humphrey, Applicant. Findings: Staff did not feel the proposal was appropriate for the First Star Bank (old First National). The applicant stated they would resubmit a new sign plan at a later date. 30. Case No. DR/92 -24 - Design Review for a sign permit for the placement of a twenty five square foot wall sign and improvement to a structure (white paint with forest green awnings) at 501 North Main Street in the Downtown Plan Area. Susan Sabongi, Applicant. Findings: The proposal met the intent of the Sign Ordinance and Downtown Design Guidelines. APPROVED. 31. Case No. DR/92 -25 - Design Review for a sign permit for a six square foot projecting sign (green and off - white) at 221 East Chestnut Street in the Historic Commercial District. Nancy Stone, Applicant. Findings: The proposal met the intent of the Preservation Ordinance, Sign Ordinance, Sign Ordinance and Downtown Design Guidelines. APPROVED. 32. Case No. DR/92 -26 - Design Review /Variance for a sign permit for three signs for Wolf Pass Gallery located in the Vittorio's (Wolf Brewery) Complex at 402 South Main Street in the Historic Commercial District. Sondra Gozzi, Applicant. Findings: The proposal met the intent of the Downtown Design Guidelines, Preservation Ordinance and Sign Ordinance. APPROVED. This has been only the second sign variance given in the Downtown in the past three years. 33. Case No. DR/92 -27 - Design Review for a sign permit for a ten square foot wall sign at 124 South Second Street in the Downtown Plan Area. Cynthia Hagle, Applicant. Findings: The proposal met the intent of the Sign Ordinance and Downtown Design Guidelines. APPROVED. Heritage Preservation Commission Members Jeff Johnson, Chairperson Marlene Workman, Representative of the Washington County Historical Society. Tim Stefan Shawn Draper Bob Kimbrel, Vice Chairperson Katherine B. Francis Howard Lieberman (Resume attached) History Conference May 29 -30, 1992 Katherine Francis, Tim Stefan and Ann Terwedo attended the History Conference. • Bridge Plaque Olson Construction mounted the National Register Plaque on the Historic Stillwater Lift Bridge in October. Rivertown Restoration had donated funds to purchase the plaque. CLG Grant applicant, Submission, Approval by Historic Society Board, Contractor. The Heritage Preservation Commission submitted a CLG grant of $3,250 in order to conduct a context study for the Historic Resource Section of the Comprehensive Plan. It will also guide in future local designations of historic sites and provide goals and objectives for the Heritage Preservation Commission. The grant was awarded in February with the grant contract signed in the Spring. An RFP was sent out in August. Robert Vogel was hired as contractor for the project. Downtown Stillwater Brochure: The Heritage Preservation Commission has been conducting additional research on Downtown Stillwater buildings for a brochure. Downtown Plan Action Committee Jeff Johnson was appointed as a representative of the Heritage Preservation Commission on the Downtown Plan Action Committee. This c- ommittee has representation on various City committees and commissions, Downtown businesses, and local residents. This group is a working committee on Downtown projects. Stillwater Magazine 1992 The Stillwater Magazine's Downtown walking tour was updated. MTM, Engine 328 Leaving Stillwater The Heritage Preservation Commission sent a letter to the Minnesota Transportation Museum in regard to Stiliwater's Engine 328 leaving Stillwater. Attached are letters of response. Stillwater Junior High Adptive Reuse Study Tim Stefan, representing the Heritage Preservation Commission, served on the Task Force on Adaptive Reuse Study of the West Wing of the Junior High School sponsored by the Preservation Alliance of Minnesota. Ann Pung - Terwedo and Steve Russell also served on this committee. The Heritage Preservation Commission was also invited to take part in the interview process. Stillwater Bridge Disposition A letter of concern was sent to Commissioner Denn /MnDOT and the Department of Interior about the disposition of the Historic Stillwater Lift Bridge. Attached is the letter and response. Lowell Park Plan /Levee Wall The Heritage Preservation Commission conducted historic research on the early development of Lowell Park. They also reviewed the design elements of the plan. This park plan was originally developed between 1914 -1918 by Morell and Nichols. The park and Levee Wall are part of the Downtown Commercial Historic District listed on the National Register of Historic Places. The intent of the newer plan was to recall the original park plan while allowing for today's park uses. The Heritage Preservation Commission spent four meetings working on this plan. Downtown Project Review Task Force Tim Stefan and Bob Kimbrel were appointed to the Downtown Review Task Force. This committee was established to review new projects in the community such as a hotel complex, apartments, a parking ramp and a new grocery store. 7