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HomeMy WebLinkAbout1991-06-04 CC PacketAGENDA STILLWATER CITY COUNCIL June 4, 1991 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA v/POIVIDUALS & DELEGATIONS 1. Ron Langness & Tom Hay - Discussion of Agreement & Financing Plan for Oak Glen. STAFF REPORTS /1. Finance Director L-4. Comm. Dev. Director 7. Fire Chief '2. Public Safety V'5. Parks & Recreation. Building Official 3. Public Works Dir. 6. Consulting Engineer 9. City Attorney 10. City Clerk 11. City Coordinator 7:00 P.M. AGENDA '/CALL TO ORDER 'INVOCATION ✓ROLL CALL APPROVAL OF MINUTES - Special Meeting - May 14, 1991 Regular Meeting - May 21, 1991 INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Resolution - Certificate of Appreciation for Judith Curtis, former member of Plannin Commission. 2. 44 PUBLaC 1. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 11.29 acre parcel into two lots of 4.96 acres & 6.33 acres located north of STH 96 in the RA, Single- Family Residential Dist. & Bluffland /Shoreland Dist., Kenneth Seefert, Applicant. Case No. SUB /91 -17 Notice of the hearing was published in The Courier on May 23, 1991 and mailed to affected property owners. (/2. This is the day and time for the Public Hearing to consider a Special Use Permit for modification to a previously approved Special Use Permit to construct a 22 ft. by 24 ft. two -story addition to a group home residential facility at 310 W. Myrtle St. located in the RCM, Medium Density Multiple - Family Residential Dist., Rodney Stivland, Applicant. Case No. SUP /91 -19. Notice of the hearing was published in The Courier on May 23, 1991 and mailed to affected property owners. 3. This is the day and time for the Public Hearing to consider a Variance to the five ft. sideyard setback requirement for the construction of an attached garage with a zero sideyard setback located at 915 W. Abbott St. in the RB Two Family Residential Dist., Raymond Loida, Applicant. Case No. V/91 -'21. 1 Notice of the herring was published in The Courier on May 23, 1991 and mailed to affecte 4. This is the day and t'me for the Public Hearing to consider a Variance to requirement (thirty ft. required, fifteen ft. sideyard setback requirement (five ft. required, r the construction of a screened porch at 511 W. he RA, Single - Family Residential Dist., Jeff Case No. V/91 -22. ring was published in The Courier on May 23, 1991 property owners. property owners. �5. the frontyard setback requested) and to the three ft. proposed) f Moore St. located in Sherburne, Applicant. Notice of the he and mailed to affecte This is the day and t the building coverage 1,562 sq. ft. request 428 E. Alder St. loca Bluffland /Shoreland D Notice of the he and mailed to affecte �6. This is the day and t Subdivision of a 29.5 lots ranging in size Eagle Ridge Tr. in th Applicant. Case No. Notice of the he and mailed to affecte 7. This is the day and t the Sign Ordinance fo eight ft. from the pr BP -C, Business Pk. Co Case No. V/91 -26 Notice of the he and mailed to affecte This is the day and t Permit for a guest ho dining located at 114 Central Bus. Dist., D Notice of the he and mailed to affecte 9. This is the day and t the rearyard and side sideyard required, tw construction of a 442 RB, Two - Family Reside V/91 -28. Notice of the he and mailed to affecte 10. This is the day and t Permit Review for a p meetings & small wedd Breakfast located at Dist., Duane & Martha Notice of the he and mailed to affecte me for the Public Hearing to consider a Variance to for an accessory structure (1,000 sq. ft. maximum, d) for the construction of an 832 sq. ft. garage at ed in the RB, Two - Family Residential Dist. and the st., Douglas Vollmer, Applicant. Case No. V/91 -24 ring was published in The Courier on May 23, 1991 property owners. me for the Public Hearing to consider a Major acre parcel into two outlots and five developable rom 25,180 sq. ft. to 44,600 sq. ft located off RA, Single- Family Residential Dist., Tim Nolde, UB/91 -25 ring was published in The Courier on May 23, 1991 property owners. me for the Public Hearing to consider a Variance to the placement of a twenty sq. ft. monument sign, perty line located at 1672 So. Greeley St. in the m. Dist., Larry Axdahl & Sheldon Pearson, Applicants. ring was published in The Courier on May 23, 1991 property owners. me for the Public Hearing to consider a Special Use se inn with three rooms and indoor /outdoor public E. Chestnut St. (the Brunswick House) in the CBD, ane & Martha Hubbs, Applicants. Case No. SUP /91 -27. ring was published in The Courier on May 23, 1991 property owners. me for the Public Hearing to consider a Variance to and setback requirements (five ft. rearyard & ft. rearyard & sideyard requested) for the sq. ft. garage at 808 So. Third St. located in the tial Dist., Daniel St. Claire, Applicant. Case No. ring was published in The Courier on May 23, 1991 property owners. me for the Public Hearing to consider a Special Use rmit to conduct small group tours, small business ngs (40 people maximum) at the William Sauntry Bed & 26 No. Fourth St. in the RB, Two - Family Residential Hubbs, Applicants. Case No. SUP /90 -17. ring was published in The Courier on May 23, 1991 property owners. 2 UNFINISHED BUSINESS Ji. Possible Revocation of and Re -award of Bid for Antique Crane on Aiple Property. Final Plat Approval for 42 Residential Lot Townhouse Subdivision, The Gardens 2nd Addition located east of McKusick Rd. (Oak Glen area), Bruggeman Corp., Applicant. Case No. SUB/91 -34. X.7Approval of Modification to Final Plat for 19 Lot Forest Ride Addition (18 residential & 1 commercial) located southwest of the intersection of 61st and Tuenge Dr., Rose Floral, Applicant. Case No. SUB /90 -65. 1/ 4. Final Plat Approval for Oak Glen 15th Addition, a 14 lot subdivision located between Oak Glen Trail and Oak Glen Drive along Swenson Drive, David Johnson, Applicant. Case No. SUB/91-31. Final Plat Approval for Oak Glen 14th Addition, a 29 lot subdivision located south of Oak Glen Lane in the Oak Glen Development, David Johnson, Applicant. Case No. SUB/91 -32. Approval of Cooperative Agreement for SP- 8210 -88 (State Highway Reconstruction). /7. Variance for Noise Ordinance, L.I. 257, Downtown Improvements. 8. Possible Bid Award - L.I. 257, Downtown Improvements. —9. Review of Proposal for Parking Lot Improvements, Land Exchange and Underground Utilities with the Lowell Inn. 0 P BUSINESS First Reading of Ordinance Amending Chap. 7, Subd. 8 of the Stillwater City Code relating to Garbage and Rubbish Fees. L-2: Water Board - Request for "No Through Traffic" signs for both entrances to driveway at Third and Fourth Streets. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) L./CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 91 -104). 2. Applications (list to be supplied at meeting) 3. Submission of-Claim to Insurance Co. for injuries sustained in auto accident on McKusick Road, Dec. 1, 1990. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS /FYI QUESTIONS /COMMENTS FROM NEWS MEDIA ADJOURNMENT 3 • RESOLUTION APPROVING AGREEMENT WHEREAS, Minnesota Laws 1991, Chapter 291 , Article 21 , Section 21, authorizes the City to enter into an agreement with the owner and all persons owning mortgages on the property described in the Bill; and WHEREAS, a draft of agreement has been prepared by the law firm of Dorsey and Whitney, and reviewed and approved by various city staff, and the draft has been attached to this resolution as exhibit "A ". NOW THEREFORE, be it resolved that the form of agreement set forth in exhibit "A" is hereby approved and the Mayor and the Clerk are herby authorized to execute the document on behalf of the city. Dated this day of June, 1991. City Clerk Mayor • LOCAL IMPROVEMENT NO. 184 RESOLUTION ADOPTING REASSESSMENT AND ASSESSMENT WHEREAS, Minnesota Laws 1991, Chapter 291 , Article 21 , Section 21, authorizes the City to: (a) enter into an agreement with Oak Glen and all parties having recorded mortgages on the Lots, providing for a reassessment of the special assessments and interest owing with respect to Local Improvement No. 184, and the assessment of an amount equal to all ad valorem taxes, penalties and interest paid by the City, with respect to the Lots; (b) to borrow money to pay and *pay all such taxes, penalties and interest; and (c) to m&-,;e such reassessment and assessment pursuant to such agreement. WHEREAS this agreement has been made and executed by the necessary parties, and Oak Glen and the Mortgagors have waived all of their rights as owners or mortgagors of the Lots; (a) to published and mailed notice of such reassessment and assessment; and (b) to contest or appeal from the reassessment or assessment on procedural grounds or lack of or inadequate special benefits, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof (as Exhibit "A "), is hereby adopted and shall constitute a special assessment and reassessment against the lands named therein, and each tract of land therein included in hereby found to be benefited by the proposed improvement in the amount of the assessment and reassessment levied against it. 2. The amounts reassessed and assessed shall be payable in equal annual installments together with real estate taxes in the years 1992 through 1996, and shall bear interest from July 1, 1991 until paid on the balance thereof from time to time unpaid at the rate of 10% per annum. 3. The amount to be reassessed and assessed on each Lot shall constitute a first and prior lien on the Lot to the same extent and with the same effect as any special assessment levied pursuant to Minnesota Statutes, Chapter 429. 4. The reassessment and assessment shall become effective as of the date on which all ad valorem taxes payable with respect to the Lots in 1991 and prior years and all penalties and interest thereon are paid by the City, and a certified copy of this resolution and the assessment roll be filed with Washington County. 5. The county au.itor shall thereafter extend such amounts on the property tax list of the County to be collected and paid over in the same mann_r as other municipal taxes. Adopted by the City Council this day of June, 1991. Mayor City Clerk • DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF • DATE: TO: FORM: THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE GORDON SEIM FIRE CHIEF I — Ii i-r. i__ 'Y i! F' I3 Mr E May 31, 1991 MAYOR AND COUNCIL VIA NILE KRIESEL, CITY COORDINATOR DAVID MAWHORTER, PUBLIC SAFETY DIRECTOR ****** ******* **** *: ** * *-:P- ****** * ** ***** * * ****** * ** iE** ** * ** *:E:t** ***** E.ENERAL Turtles top the news this reporting period. It seems that the high water in the area ponds has the critters drowning and they are corning out of the ponds to seek high ground. We rescued six of them in two days last week. The only bad thing about it is they are very large and like to snap. The kids like to play with them also. No one has been bit so far. We are getting ready for the annual problems with kids during graduation. Some yard signs have already been taken. I hope the seniors act their age this year. Attached is a letter from the County Attorney regarding the fine job that Officers Seivert, Peterson, Roettger and Capt. Seberg did on the Clint Lindstrom case. He was an obscene phone caller. He called from phone booths and it took quite a bit of creative thinking and some stakeouts to catch him. Seivert headed up the investigation and did a good .job at it. We convicted hirn in court. PATROL During the last two week period the patrol service. Two were south hill burglaries. and one auto theft in the Croixwood area. and have in our possession a VW camper var, forfeiture on as a result. There was also from downtown. On May 29th, the Oak Park Alk Chief. They INV during their handled 484 calls for There were two burglaries We caught these persons that we are requesting a $5,000.00 painting taker, Dauffenbach and Seivert conducted firearms training for Police Dept. This was from a request of Oak Park's will be billed for the part t irne costs we incurred absence. 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612 - 439 -1314 or 612 -439 -1336 -- 1..,. .nn na nn On May 29th my staff officers attended a loss control workshop dealing with police issued (deadly force, nuisances, etc.) . They said it was very good. June 3 to June 5, Capt. Beberg and I will be attending a course sponsored by the International Association of Chiefs of Police (I;=;C2 ) titled "Internal Affairs: Issues and Operations ". The cost is $725.00 and is in the budget. This is the state of the art trainino in Ir,terr,al Affairs. During this reporting period, the patrol used 57 hours of sick leave, 55 hours of vacation time they earned 62.25 hours of comp. t irne and used 4 hours of corno. tirn -. The part time officers worked 294 hours during this time period also. + NARCOTICS The task force activity r included 5 search warrant 1/2 pound of psvic,cybin rn pound of cocaine worth $3 Drug Ring with roots in t. Stillwater where 20 plant .arrested Cuban male with grams of marijuana and $9 _NVESTIGATIONS The adult investigator is thefts from boats, one th marina) , one theft from a sexual assault. As you may know, the juve, patrol for the summer. H investigations as needed. this time. This is set t RECORDS Margie continues to be sw handled 11 requests for pi fees), 73 walk in request This is airing with all th training our Explorer Scot they can come in and give COMMUNITY SERVICE ported during this reporting period resulting in 5 arrests. These included: Jshroc:rns (like LSD) from Oakdale; 1 1/2 ,500 from Oakdale and the arrest of a Cuba. e New York area; a growing operation in were seized valued at S30.000.0C); + . another - er /2 oz. of cocaine out of C i maron; and 2,27 0 ir, cash from Stillwater. currently working on two burglaries, two ft of a boat (a '$25, 000 beat frc:rn the vehicle, one felony assault and one felony file investicato,r will be transferred to will be filling in with necessary juven _ I don't think this will be a problem at start as soot, as school is out. raped. During this reporting time, she dice reports ($71.50 in report copying for various reasons, and 579 phone calls. other things she has to do. We are is to answer phones and dispatch so that her some help as soon as school is out. The community service off4cer trapped 5 raccoons, 1 squirrel, 1- goose and a cat during this reporting period. She wrote 6 warning parking tickets around Wa- hington School, wrote 16 parking tickets in the city and dispatched f_r 20 hours. PLANNING APPLICATION REVIEW CASE NO. V/91 -26 Planning Commission Meeting: May 13, 1991 Project Location: 1672 South Greeley Street Comprehensive Plan District: Industrial Park Zoning District: Business Park Commercial, BP -C Applicant's Name: Larry Axdahl and Sheldon Pearson Type of Application: Variance PROJECT DESCRIPTION: Modification to sign plan and variance to the Sign Ordinance for two signs (one wall and one free - standing sign, one permitted) and variance to the setback requirement (fifteen feet required). DISCUSSION: The request is for a five foot by four foot, twenty square foot sign. The sign would have the name of the two tenants. This would be considered two signs for each tenant. Other similar uses in the park have one wall or free - standing sign per business. RECOMMENDATION: Denial. ATTACHMENTS: - Application - Plans. PLANNING COMMISSION ACTION: Denial. FINDINGS: The proposal is inconsistent with the Sign Ordinance requirements and could create a cluttered appearance along Greeley Street. • 0 Case Number Viz- .24 Fee Paid ___1A Date Filed `_ / /,/fi •PLANNING A MINIS i RAI IVE FORM Street Locatior, of Property: to 7 a- Sou-E-h (reel 0 2-I-. ee- f chid Legal Desscription of Property: Owner: Ncme ` `X Jain Address Applicant (if other than owner): ame _ Address _1IJ _ Phone: A ii Phone: 1459 -02"' d Type of Request:- ___ Rezonira ___ Approval .of Preliminary Plat ___ Special Use Permit ___ Approval of 'final. Plat _X. Varian • ___ Other Description of Request: I h hea.'r a Lt. e — See' 0,-E +u.c ke- S-ke ---e. Date of Public Hearing: -NOTE: Sketch of proposed property and structure to be draw in back of thus .. - tached, showing the followi g: 1� 1. North direction. 2. Location of proposed structure on lot 3: Dimensions of fr nt and side set - backs. 4. Dimensions of proposed structure. �' 5. Street names. r ~. 6. Location Of adjacent existing buildings. 7. Other infomati.n as may be requested. Signcture of Applicant: Approved ___ Denied ___ by t •Planning Commission on subject to the following conai; ons: Approved ___ Denied ___ by he Council on subject to the following conditions: Comments (Usa ether side) • 4• 1672 East 183 feet of the Quarter of the South 20 west Washington C Beginning at the Sou North along the West running thence East the centerline of t across said tract; r said traveled road t thence West along th beginning. egal Description South Greeley Street North 260 feet of all that part of the Northwest est Quarter of Sec. 33 Township 30 North Range . Mn. described as follows to -wit: hwest corner of said tract, and running thence line of said tract 822 feet to a point, t right angles, 489 feet, more or less, to �e traveled road running northerly and southerly nning thence South along the centerline of o the South line of said tract, and running South line of said tract to the place of 1 • cj 0 c/7 0 CL Xde0,1 7; 3. Dimensions f front and side set backs 8 ft. fr. sidewalk 4. Dimensions . f proposed structure Length width 5 feet 4 feet AND SEW ON CENTER • • • PLANNING APPLICATION REVIEW CASE NO. SUP /91 -27 Planning Commission Meeting: May 13, 1991 Project Location: 114 East Chestnut Street Comprehensive Plan District: Central Business District Zoning District: CBD Owner's Name: Martha and Duane Hubbs Type of Application: Special Use Permit Project Description: A Special Use Permit for guest house inn with three rooms and indoor/ outdoor public dining at 114 East Chestnut Street. Discussion The request is to conduct a three bedroom inn and small restaurant at 114 East Chestnut Street. The commercial use of this house will compliment the existing commercial uses in the Downtown. The three bedroom inn will provide overnight accommodations within walking distance of businesses in the area with minimal impact on parking. The site has approximately four parking spaces to accommodate this use. The restaurant use on this site is proposed to accommodate between forty to sixty customers. Indoor /outdoor dining will be provided. The Fire Department must inspect the first level of the structure in order to determine the occupancy capacity. Other building related items must be reviewed. Parking on Chestnut Street, Second Street and Third Street is less intense than other areas of the Downtown. If a parking ramp is constructed on Second Street and Olive Street (Auditorium Lot) it will provide additional parking. The parking generation for the indoor restaurant use is approximately eight parking spaces. Additional parking will be needed for the exterior dining use. CONDITIONS OF APPROVAL: 1. A site plan for the eating area shall be submitted to the City before the business opens. 2. No live bands shall be permitted outdoors. 3. A sign plan shall be submitted for Design Review. 4. A report from the Public Health Department shall be submitted for this case file. RECOMMENDATION: Approval. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The use will be in harmony with the CBD, Central Business District. ATTACHMENTS: - Application Form - Development Report - Survey. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. CASE NUMBER PLANNING Street Location of Property: Legal Description of Proport Owner: Name Duane & Address 626 N. 4 Case Numberat° Fee Paid _I66)o _ Date Filed ! °V,/ ADMINISTRATIVE FORM 114 E. Chestnut Stillwater, MN artha Hubbs ha Stillwateri MN Applicant (if other than owp-r): Name Address Phone: _ (612) 430-2895 Phone: Type of Request:. ___ Rez•ning ___ Approval of Preliminary Plat ial Use Permit Approval of Final Plat lance ___ Other xxx Spo Va Description of Request: ___ and indoor ,public din Larden dininz to be _Q�g�gue,,st hose with three suites ng� for approximately forty. In addidtion, ovided May thru September. of property included n project. Sign Date of Public Hearing: NOTE: Sketch of proposed prop tached, showing the follo 1. North directi 2. Location of 3. Dimensions o 4. Dimensions o 5. Street names. 6. Location of a 7. Other inform Approved ___ Denied ___ b subject to the following con Approved ___ Denied following conditions: Complete rehab ture of Applicant: t • rty and structure to be drawn.on back of this f ing: n. roposed structure on lot. front and side set - backs. proposed structure. jacent existing buildings. tion as may be requested. the Planning Commission on PIA° YA (date) itions: Comments; (Use other side), the Council on subject to the • RE: Development - 114 E. Chestnut St. Stillwater PROPOSED USAGE - Three guest rooms will be developed on the second floor and interior furnished and decorated to its appropriate 1848 period. Modern facilities will be tucked in to accomodate guests. A Victorian style restaurant will be developed on the first floor which will also be decorated and furnished in the appropriate period. Seating will be limited and should be 40 to 50. Exterior garden dining will be provided during spring, summer and fall season. Anticipated exterior seating to be approximately 60. Victorian High Teas and appropriate summer fare to be included. PROPOSED CONSTRUCTION - EXTERIOR - We anticipate no exterior changes to the building. (other than standard maintenance items such as painting and roofing). Development of formal gardens, pathways and patio areas plus addition of gazebo structure - all appropriate to the period of this building. INTERIOR- First floor - We anticipate no major structural changes in floor design. The formal parlour and dining room will be developed into two dining areas, the current bath will be re- aligned to accomodate seperate male /female facilities and the current kitchen area will be redeveloped to its original configuration. Second floor - We anticipate no major structural changes in floor design. The current format (less current temporary walls) is compatable to proposed usage. Each bedroom will include a private bath in side rooms which currently exist. Basement - Commercial kitchen will be developed below grade and will have no impact on the main structure as this area currently has no use or function. illvvater THE BIRTHPLACE OF MINNESOTA -� MEMORANDUM TO: MAYOR AND COUNCIL FROM: PLANNING STAFF DATE: MAY 30, 1991 SUBJECT: CASE No. SUP /91 -27 - Special Use Permit to conduct a three bedroom inn and indoor /outdoor dining at 114 East Chestnut Street. Duane and Martha Hubbs, Applicants. The Staff report for the restaurant use at 114 East Chestnut Street states that the site is proposed to accommodate forty to sixty customers. This is proposed for the interior use of the structure. Exterior dining, according to the applicant, will be approximately forty to fifty customers. The site can accommodate this use as shown on the survey. Also, under the "Conditions of Approval ", a site plan will be submitted to the City showing where 'the eating area will be located. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 PLANNING APPLICATION REVIEW CASE NO. V/91 -28 Planning Commission Meeting: May 13, 1991 Project Location: 808 South Third Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Daniel St. Claire Type of Application: Variance PROJECT DESCRIPTION: A Variance to the sideyard and rearyard setback requirements (five feet rearyard and sideyard required, two feet rearyard and sideyard requested) for the construction of a two car garage. DISCUSSION: The request is to construct a two car garage in the rearyard of a property. The site is located on South Third Street and has a large home on a small lot as are many homes in this area of Stillwater. A driveway is placed on the north side of the lot whicn presently provides access to an existing one car garage. The existing garage has less than the required setbacks. Due to the small rearyard area, a two car garage located on the site of the existing garage is reasonable. It will provide a small open space between the garage and the home. A garage located to the south of the parcel also has substandard setbacks. These two garages are between three to five apart. Due to this spacing, the garage will have to be built with a one -hour rating as per the Uniform Building Code. CONDITIONS OF APPROVAL: 1. The new garage shall be constructed with a one -hour fire rating and other Uniform Building Code regulations. 2. All drainage from the roof shall remain on the site so the adjacent properties will not be impacted. 3. There shall be no openings on the south wall of tne property. 4. There shall be a three foot setback on the South (rear) wall. RECOMMENDATION: Approval. FINDINGS: The granting of this variance is necessary for the reasonable use of the land and building. This is tne minimum variance to accomplish the purpose of the Zoning Ordinance. ATTACHMENTS: - Site Plan - Application Form. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. CASE NUMBER PLANNING Street Location of Property: Legal Description of Proport Owner: Name _ Address 6306 Applicant (if other than ow Address Type of Request:. ___ Re Om am Case Number _ ��1i °2' crJ Fee Paid Date Filed �/ _____ ADMINISTRATIVE FORM __a.c2.48 so 3 d ro `-Pr 4c)/ // Chodt111 /tie igo7y Cht hf� Nc/c/ SO. S� Phone: q33C) er): Name Phone: oning ___ Approval of Preliminary Plat cial Use Permit ___ Approval of Final Plat iance ___ Other 6 -,Ld ex)s'/ -z j Ca , ?rseii -// ature of Applicant: Va Description of Request: _ t/t • 2 _ a�- ..P{= �'.'t�2�.r Sig 2 s'cq -es Cgar.e Date of Public Hearing NOTE: Sketch of proposed prop -rty and structure to be drawn.on back of this for tacked, showing the foll wing: 1. North directi 2. Location of 3. Dimensions o 4. Dimensions 5. Street names 6. Location of 7. Other info Approved ___ Denied ___ b subject to the following con Approved ___ Denied ___ following conditions: n. roposed structure on lot. front and side set - backs. f proposed structure. djacent existing buildings. ation as may be requested. r 5-21 the Planning Commission on (duce) itions: y the Council on subject to the Comments; (Use other side), • ApPn71. ProFer1 Lon c. CL Mb 21' 6.7-- • r,- PYcypoZ,ee:( 6Colf_c_ _ IS' >C7 rvts I. 40, La L.A./ • ,7 'I 0 Segni, 171,,,I Roc y CL AIRE..,1 //./ / 0 - it.51/ iliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLAN ING COMMISSION FROM: PLANING STAFF DATE: MAY , 1991 SUBJECT: GARAGE VARIANCE - CASE NO. V/91 -28 Allen Zepper, :uilding Official, reviewed the proposal for 808 South Third Street. He felt the neighbor's garage to the south woul be much too close to the proposed garage. Problems will .rise with the overhang on the new garage with the overha g on the neighboring structure. Mr. Zepper recsmmends the garage be placed with at least a three foot setb.ck on the side property line with the fire rating as cond•tioned. The gutters are to be installed so drainage will n t impact the neighboring property. CITY HALL: 216 NORTH OURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439 -6121 (Stt1hL THE BIRTHPLACE OF MINNESOTA ONE YEAR REVIEW SPECIAL USE PERMIT 626 NORTH FOURTH STREET BACKGROUND On April 1, 1990, the Stillwater City Council approved a Special Use Permit to Duane and Martha Hubbs to conduct small group tours, small business meetings, and small weddings at the William Sauntry Bed and Breakfast, 626 North Fourth Street (Case No. SUP /90 -17). Due to the controversial nature of this Special Use Permit request, a condition was placed on the permit which states "This permit shall be reviewed one year from this approval (April 1, 1990) (or upon complaint) at a notified public hearing. It has been one year since this Special Use Permit was issued. DISCUSSION The City has received no complaints on the small function use or the Bed and Breakfast use at 626 North Fourth Street. All "Conditions of Approval" as attached have been followed. The Hubbs operate a quality establishment and their business has been a positive addition to the City. The Hubbs have no complaints with the City of Stillwater. RECOMMENDATION: Staff recommends that Condition No. 11 be changed from "One Year Review" to "Upon Complaint" only. PLANNING COMMISSION RECOMMENDATION: Approval with recommended change - Conditions of Approval "A ", Condition No. 11. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 CONDITIONS OF APPROVAL - CASE NO. SUP /90 -17 1. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding reception, and church functions) over twenty persons allowed per month. 2. All special event visitors shall park on site or at a controlled remote location. 3. Limit of groups: 40 capacity as approved unless special approval is obtained from the City Council. 4. Food must be served by a licensed caterer. 5. All special events shall be over by 9:00 P.M. 6. No open bar on premises for special events. Champagne is allowed on a two person /one bottle limit. 7. No outside entertainment or lighting for special events is allowed. 8. No persons to leave premises of the Inn with alcohol. 9. No live entertainment or loud reproduced music shall be allowed. 10. Innkeepers must be present and visible at all special events. 11. This permit shall be reviewed upon complaint. 12. Duane and Martha Hubbs. owners of the property, shall be on site during all special events. This use is not transferable. STATE OF MINNESOTA 636997 CITY OF STILLWATER In the matter of the Planning Case No. SUP /90 -17 Request By: DUANE AND MARTHA HUBBS Owner CITY COUNCIL SPECIAL USE PROCEEDINGS ORDER GRANTING SPECIAL Use Permit The above entitled matter came on to be heard before the City Council on the 1st day of May , 19 90, on a request for a Special Use Permit pursuant to the City Code for the following described property: Com 175 ft N of SE cor of said Block 4 then W par to S line of said Block 4 150 ft then N par to E line of said Block 4 100 ft then E par to S line of said Block 4 150 ft then S along E line of said Block 4 100 ft. to place of beg & N 75 ft exc W 153 ft thereof of Block 4 of Original Town (now City) of Stillwater. Purpose: To conduct small group tours, small business meetings, and small meetings at the William Sauntry Bed and Breakfast (626 North Fourth Street). Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a Special Use Permit be granted upon the following conditions: (If no conditions, state "None ".) See attached Conditions of Approval. -t11 Dated this o2 0 day of Gzi+Mayor , 19 yo . CONDITIONS OF APPROVAL - CASE N0. SUP /90 -17 1. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. 2. All special event visitors shall park on site or at a controlled remote location. 3. Limit of groups: 40 capacity as approved unless special approval is obtained from the City Council. 4. Food must be served by a licensed caterer. 5. All special events shall be over by 9:00 P.M. 6. No open bar on premises for special events. Champagne is allowed on a two person /one bottle limit. 7. No outside entertainment or lighting for special events is allowed. 8. No persons to leave premises of the Inn with alcohol. 9. No live entertainment or loud reproduced music shall be allowed. 10. Innkeepers must be present and visible at all special events. 11. This permit shall be reviewed one year from this approval (April 1, 1990) (or upon complaint) at a notified Public Hearing before the City Council. 12. Duane and Martha Hubbs, owners of the property, shall be on site during all special events. This use is not transferable. STILLWATER PLANNING COMMISSION MINUTES Date: May 13, 1991 Time: 7:00 p.m. Members Present: Angela Anderson, Glenna Bealka, Duane Elliott, Gary Funke, Rob Hamlin, Warren Pakulski, and Don Valsvik Steve Russell, Comm. Dev. Director Ann Pung - Terwedo, Planner Members Absent: Judy Curtis, Gerald Fontaine Acting Chairman Don Valsvik called the meeting to order. APPROVAL OF MINUTES Motion by Warren Pakulski to approve the minutes of the meeting of April 8, 1991 as submitted. Seconded by Gary Funke. Motion carried. PUBLIC HEARINGS Case No. SUB /91 -17 - A minor subdivision of a 11.29 acre parcel into two lots of 4.96 acres and 6.33 acres. The site is located north of State Trunk Highway 96 in the RA Single Family Residential District and Bluffland /Shoreland District. Kenneth Seefert, owner of the property, and the realtor selling the property for Mr. Seefert presented the request. Mr. Seefert wishes to split the property and sell both lots. The request had been referred to the DNR for comments, and Mr. Russell distributed copies of the letter received from the DNR in response. The DNR has limits on development on slopes greater than 12 percent in the Bluffland/Shoreland district. There is some concern regarding lot B because of the topography of the lot. It may be difficult to find an adequate building site on this lot. Both the residence and the drainfield must be located on land with less than a 12 percent slope. The DNR does not want to approve the subdivision if the owner will be coming back to request a variance to build on the lot. There are three recommended conditions of approval. The Commission suggested that a fourth condition could be added so that no variance will be requested in the future. Toni Stiles, owner of the property to the east, stated that her father originally owned the property and she may have topographic maps of the land. She has no objection to the subdivision as long as another road is not put in. Rob Hamlin made a motion to approve the subdivision with three Planning Commission inutes May 13, 1991 conditions as stated and a fourth condition added: The applicant shall provide a topo•raphic map with the building and drainfield sites shown to certify that both lots are buildable prior to separation of the lots. Seconded by Duane Elliott. Motion carried 7 -0. Case No. SUP /91 -19 - A modification to a previously approved Special Use Permit, to construct a 22 x 24 foot two - story addition to a group home residential facility at 310 West Myrtle Street. Rodney Stivland presented the application. He stated that the request is to add li ing space only, no additional bedrooms. Ann Pung - Terwedo noted that a Special Use Permit was approved for this group home in 1986 for 16 persons. The new request will not affect the number o; persons in the home and no parking spaces will be eliminated. Motion by Warren -akulski to approve the Special Use Permit request. Seconded by Glenna Bealka. Motion carried 7 -0. Case No. V/91 -21 - A Variance to the five foot sideyard setback requirement for th- construction of an attached garage with a zero sideyard setbac at 915 W. Abbott Street. Raymond Loida, owner, presented the request. He is planning to build a two car garage; without the additional five feet, it could only accomodat one car. The Commission note Park and therefore t is not precedent -se of approval. The explained to the app • • that the sideyard is adjacent to Washington e request will not affect any neighbors and ting. There are two recommended conditions requirement for a one -hour fire wall was icant. The applicant stat-d that he will continue to use the existing shed as storage and orkshop area. Motion by Gary Fun e to approve the Variance request with two conditions. Warren P.kulski seconded. Motion carried 7 -0. Case No. V/91 -22 - A Variance to the frontyard setback requirement (thirty eet required, fifteen feet requested) and to the sideyard setback requirement (five feet required, three feet requested) for the • onstruction of a screened porch at 511 West Moore Street. Jeff Sherburne, owner, presented the request for construction of a 14 x 10 foot scr -ened porch to the front of his house. He stated that some of the older homes in the neighborhood are set back 25' from the f ont property line. His front yard contains Planning Commission Minutes May 13, 1991 foliage which will screen the porch from the street. He believes the addition will improve the lines of the front of his house, and he stated that his neighbors have no objections to the addition. Staff has recommended denial of the request because there was no hardship seen. Motion by Gary Funke to approve the Variance request. Seconded by Glenna Bealka. Motion failed 3 -4. (In favor: G. Bealka, G. Funke, W. Pakulski. Opposed: A. Anderson, D. Elliott, R. Hamlin, D. Valsvik) Case No. V/91 -24 - A Variance to the building coverage for an accessory structure (1,000 square feet maximum, 1,562 square feet requested) for the construction of an 832 square foot garage at 428 East Alder Street. There are five recommended conditions of approval which the applicant agrees to. The Commission agreed that this is a large lot and the garage will meet all setback requirements, and it will be an improvement to the property. Motion by Warren Pakulski to approve the Variance request. Gary Funke seconded. Motion carried 7 -0. Case No. SUB /91 -25 - A major subdivision of a 29.5 acre parcel into two outlots and five developable lots ranging in size from 25,180 square feet to 44,600 square feet (Green Twig Way). The site is located off Eagle Ridge Trail in the RA, Single Family Residential Distrct. Tim Nolde, property owner, presented the request and stated that this was his second choice for development of the property. His previous request was withdrawn because of neighborhood opposition. There are seven recommended conditions of approval. Bill Lecuyer, 746 Wildwood Lane, stated that he is in favor of the development and is glad that Mr. Nolde went along with the wishes of the neighboring residents. Motion by Gary Funke to approve the Subdivision request with seven conditions. Seconded by Glenna Bealka. Motion carried 7 -0. The members of the Commission thanked and commended Mr. Nolde for agreeing to change his plans to comply with the neighbors' desires. Case No. SUB/91 -26 - A Variance to the Sign Ordinance for the placement of a twenty square foot monument sign, eight feet from 3 Planning Commission May 13, 1991 the property line, Larry Axdahl, owner of Home Decorating, main objective of Street in large numb in smaller letters b Street is so busy, p Rob Hamlin stated th a business has too numbers on the build Mr. Axdahl stated th which would be al clarified that the signs, as the sign tenants would be a signage. inutes 1672 South Greeley St. of the property, and Sheldon Pearson, owner presented the request. They stated that the the sign would be to identify 1672 Greeley rs. The names of the two businesses will be low. Mr. Axdahl stated that because Greeley ople have trouble finding the address. t sometimes there is information overload if any signs. He suggested that the owner use ing that are more noticeable. t the total sign area is twenty square feet, owed under the ordinance. Mr. Russell ssue is not square footage, but number of ordinance allows one sign per business. The lowed to use window frontage for additional Motion by Gary Funke to approve the Variance request. Seconded by Glenna Bealka. Motion failed 2 -5. Case No. SUP /91 -27 A Special Use Permit for a guest house inn with three rooms a d indoor /outdoor public dining at 114 East Chestnut Street. Duane and Martha H bbs presented the application. Ann Pung- Terwedo stated tha• the Fire Inspector has set the occupancy capacity at 40 peopl =. Richard Kilty, downt no requirements for responded that four guests and dining Russell stated that businesses to prov further discussion r wn business owner, questioned why there were adequate off - street parking. Mr. Russell parking spaces are provided for over -night room guests will park on the street. Mr. t this time, it is impossible for downtown de adequate off - street parking. There was garding Mr. Kilty's concerns with parking. Motion by Rob Hamlin to approve the Special Use Permit with four conditions as writte . Angela Anderson seconded. Motion carried 7 -0. The Commission noted that any parking enforcement concerns should be taken directly to the City Council. Case No. V/91 -28 - reuirements (five f rearyard and sideya square foot garage a Daniel St. Claire, A Variance to the rear and sideyard setback et rearyard and sideyard required, two feet d requested) for the construction of a 442 808 South Third Street. 0 ner, presented the request. Planning Commission Minutes May 13, 1991 The building inspector has recommended a three -foot setback on the side because of a neighbor's existing garage. Mr. St. Claire agreed to the three -foot setback. The Commission added this as a fourth condition of approval. Motion by Gary Bunke to approve the Variance request with four conditions. Seconded by Warren Pakulski. Motion carried 7 -0. OTHER Case No. SUP /90 -17 - One Year Review of a Special Use Permit to conduct small group tours, small business meetings and small weddings at the William Sauntry Bed and Breakfast at 626 North Fourth Street. Duane and Martha Hubbs, Permit Holders, were present for the review. Dean Miller, 623 N. Third St., stated that he is concerned that the off - street parking condition has not been enforced, and that there are many guests of the Bed and Breakfast parking on the street. Mrs. Hubbs responded the Trolley was used any time an event was scheduled for more people than the home had adequate parking spaces for. She also explained that the building behind the Bed and Breakfast has four tenants who all park on the street. She stated that she has never received a complaint from any neighbors regarding guests parking on the street. Motion by Gary Funke to approve the One Year Review of the Special Use Permit with the original conditions of approval, and to change Condition No. 11 to stated that the Permit will be reviewed upon complaint. Warren Pakulski seconded. Carried 7 -0. Case No. ZAT /91 - Review and Discussion of the reorganization and reclarification and minor modifications to the Zoning Ordinance, City Code, Chapter 31. Mr. Russell explained that most of the information is not new, but has been reorganized. Motion by Duane Elliott to recommend the comprehensive update of the zoning ordinance to the City Council for a first reading with the understanding that the Planning Commission will review it again next month and recommend any changes at that time. Second by Gary Funke. Motion carried 7 -0. ADJOURNMENT Motion by Duane Elliott to adjourn the meeting at 8:50 p.m. Seconded by Warren Pakulski. Motion carried. 5 M E M O TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: MAY 31, 1991 SUBJECT: POSSIBLE REVOCATION OF BID AWARD TO RAY KOEHNEN FOR ANTIQUE CRANE ON AIPLE PROPERTY. At the Council Meeting on May 21, Council authorized the dispatching of a letter to Mr. Koehnen regarding possible revocation of bid award because he had not submitted a contract and proper insurance certificate. Mr. Koehnen was notified and given a deadline of 4:00 P.M., May 28 for responding. I have heard nothing from Mr. Koehnen. Also, Mr. Junker stated he talked with Mr. Koehnen and he is no longer interested in the crane because of the high price of obtaining insurance coverage. The remaining three bids are from the following: Lawrence Rumpf bid $10 more than the highest bidder, but not to exceed $350.00. Wayne's Contracting bid $350.00. Tom Huninghake stated he would remove the crane if the City paid $750.00. Council advise is requested. el tiwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 31, 1991 SUBJECT: FINAL PLAT APPROVAL FOR THE GARDENS SECOND ADDITION - (CASE NO. SUB /91 -34) The request is for Final Plat Approval for The Gardens Second Addition. The plat is consistent with the approved townhouse Planned Unit Development (PUD) approval (PUD /90 -34). The streets and utilities are in and the City Engineer and City Departments are reviewing improvement plans. Any comments from the Engineer will be presented at meeting time RECOMMENDATION: Approval. CONDITIONS OF APPROVAL: 1. Final utility plans for The Gardens Second Addition shall be submitted and reviewed before building permits are issued for project development. ATTACHMENT: Subdivision Plan. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121 z PARKING CONTROL Cara was can vacation for the majority of this reporting period. co we did not loose enforcement consistency in the downtown, I had Cara train one of our part time officers to do the parking control. She, the part time officer, has been filling in for Cara while she is on vacation. • AiDy OFFICE OF Washington County Government Center 14900 61st Street North — P.O. Box 6 Stillwater, MN 55082 -0006 ASHINGTON COUNTY ATTORNEY Chief David Mawhorter Stillwater Police Depart 216 North Fourth Street Stillwater, Minnesota 5 RE: State of Minnesota Dear Chief Mawhorter: May 24, 1991 ent 082 . Clint Lindstrom From May 13, 1991 throug that arose out of the Ci Lindstrom. During that officers Art Seivert, Cr Beberg. I want to expre job well done by your of and Officer Leo Miller d following up on further of this case. During tr Officer Roettger and Cap in Court. Their appeara their testimony to the j pleasure to work with th attitude and hard work r are an asset to the Stil have received the benefi TRW:dls Administration Division (612) 430.6115 Civil Division (612) 430 -6116 May 16, 1991, I was in trial on a matter y of Stillwater entitled State v. Clint rial I had the opportunity to work with ig Peterson, David Roettger and Captain s to you my thanks and appreciation for a icers. Prior to trial, Officer Seivert d an excellent job of investigating and nvestigation to assist in the prosecution al, Officer Seivert, Officer Peterson, ain Beberg did an excellent job testifying ce, demeanor and ability to articulate ry made my job much easier. It was a se officers in this case. Their good sulted in a successful prosecution. They water Police Department. I am thankful to of their positive attitude and hard work. Sincerely, RICHARD M. ARNEY, COUNTY ATTORNEY WASHINGTON COUNTY, MINNESOTA R.' Teresa R. Warner Assistant County Attorney CrImi IJevenile Divisions Social Services Division Victim/Witness Division ( 12) 430-6115 (812) 430-6117 (612)430.6115 Facsimile Mach (612) 430 -6155 ,r • DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE D F: ,A >I D IJ r+1 GORDON SEIM FIRE CHIEF �i = MAYOR, MEMBERS OF THE COUNCIL AND NILE iKRIEBEL, CITY COORDINATOR F= FFD '1 ° D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR •; !' % Ttr = MAY 31, 1391 FREE = PROPOSED BUDGET FOR THE FOOT PATROL PROGRAM IN DOWNTOWN I would like to implement a downtown foot patrol program for this summer as a pilot project. The conceptual outline of the program is as follows; 1. One officer would be removed from the normal shift rotation and would be assigned full time duties in the downtown area E. A second officer, assigned to the night power shift, would work with the main officer as time permits in his normal assigned duties. He would serve as a fill in when the primary officer is on vacation and as an assist officer when needed. 3. The foot patrol officer's duties would include: a) Full responsibility for the public safety service delivery needs of the downtown. b) The officer would be responsible for analysis of crime and disorder trends in- the downtowr, area. c) Problem identification in the downtown area d) Development and implementation of creative solutions to recognized problerns. Though the use of the criminal .justice systern is one viable solution some problems in the downtown, it is only one of many possible solutions. The officer assigned this duty will be encouraged to develop creative solutions that don't necessarily involve the criminal justice system. e) To work with the downtown business people in the following ways; (these are just a few of the possible ways and this list is not all inclusive) 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612 - 439 -1314 or 612 - 439 -1336 to organize there and to solicit there in the solutions of identified problems when appropriate - to educate there in crime prevention and disorder prevention as appropriate to seek input from them regarding the types of police services they want to see delivered in their area Though total costs of thi- program cannot be totally assessed at this time due to many unknown factors, an estimate of the costs of the effort are as follows: 1) First, I would like tc member and my self to training. Aurora is is currently engaged i proposing. I know th former employee of th and easier to get intc dealing with some- one the site visit to Aurc myself and the council officers could learn, skills needed, and ho solutions to the probl take the two o selected officers, a council Aurora Colorado for three days of leader in the community pol ice concept and n a program similar to the one I am officers in this department, being a department, and it would be much quicker the "nuts and bolts" of the program you already know and trust. The purpose _ _ ra would be to familiarize the officers, person with the concept. Further, the first hand, what problem solving is, the this department had devised unique ems they face in their downtown area. Aurora is clearly a very much larger town than Stillwater, however, they have mary of the same problems we face in our downtown. This training visit (which the staff officers of Aurora have already ccnsented to do for us at no cast) would give the officers responsi•le for the program a definite edge in getting it off of the ground and moving in a productive direction much quicker than if e just started without any training. A council person and I iso reed to be completely briefed in the concept in order to m nage the program in an appropriate manner. Costs for this visit re as fellows: Air fare on MLT chart -r flight G $119.00 ea round trip times four equals $476.00. Hotel costs based on •wo to a room would be around $200.00 for two nights. Meal costs would be ar Rental car costs wou 1 Total costs for the tr We currently have money i from the money we aren't terminated. Also there forfeiture money. This rn ound $3600.00 be around $100.00. ip would be very close to $1,320.00 the budget for the trip. This money is aying for the salary of the officer we s around $5,000 dollars corning to us from ney, according to State Statute, the State Attorney General and the Washington County Attorney can only be used as a supplement to the police budget. The money cannot be used to fund general operations expenses. The use of the forfeiture money 0 for this purpose is exactly what the state law had in mind. (See attached opinions from the Washington County Attorney and from the Minnesota Finance Department). There would be some additional costs in the form of part time shifts that would need to be deployed to fill for the officer taker, out of the rotation. These costs cannot be accurately assessed at this time and are estirnated to be very minimal. The program can be implemented with the use of funds that will not require an increase to our budget. The value of the program is immeasurable. I have talked to the Downtown Council 1 and the Downtown Parking Taskforce about the program and they are squarely behind it in the form that I have presented to you. The benefit of the program easily justifies it's estimated costs. I hope this has been of some help to you. We need to get going on this as soon as possible. There is some lead time I need to arrange the training visit and the summer season is upon us. If you reed any further information, I will be available to discuss the concept and answer questions at the Council Meeting. Thanks • RIC'HAARRDD OFFICE 0 Washington County Government Center 1 4900 61st Street North — P.O. Box 6 Stillwater, MN 55082 -0006 DATE: May 28, 199 TO: Chief David Stillwater FROM: Richard D. SUBJECT: Disposition Under M.S. I understand from y additional clarifica Attorney's Office of distribution of pro understand that the constitute specific Stillwater in that we role of City Attorn However, to the exten office as it relates t be of some assistance of Stillwater, you sh correspondence as you The statute in questi of seizure, storage, f of valid liens agains the money or proceeds which is the law enf deposit as a suppleme fund for use in law position that this s therefore, the money supplement, rather th Thus, if $10,000 has $10,000 additional do the year, the forfeit to the appropriated m WASHINGTON COUNTY ATTORNEY Mawhorter olice Department odsdon, First Assistant of Forfeited Property 609.5315, Subd. 5 ur office there has been a request for ion of the interpretation of the County the above -named statute as it relates to eeds of forfeiture actions. You should position taken by this office does not legal advice to you or to the City of are without legal authority to fulfill the y who is charged with that assignment. that you believe the interpretation of this the distribution of forfeiture proceeds may to Stillwater Police Department and the City uld feel free to share the contents of this deem appropriate. n states that the net proceeds after payment rfeiture, and sale expenses and satisfaction the property must be distributed with 70% of to be forwarded to the appropriate agency, rcement agency involved in the seizure, for t to the agency's operating fund or similar enforcement. This office has taken the atute should be interpreted literally and, generated by forfeiture should be used to n replace, monies form an operating budget. been appropriated for a given function and lars in forfeiture money is generated during re generated funds should be used in addition ney, rather than as a replacement. I hope this memo has been of some assistance to you concerning interpretation of th = law relating to the forfeiture. If you believe that this office can be of further assistance, please contact us. RDH /js AdmiMstration Division (612) 430-6115 Civil Division (512) 430 -6116 Cri Juvenile Divisions Social Services Division VIctimiWRness Division (612) 430.6115 (612) 430 -6117 (612) 430 -6115 A 1141....w41u... A�a1��IC�..�1 Facsimile Mullins (612) 436 -6155 t OFFICE OF WASHINGTON COUNTY ATTORNEY • Washington County Government Center 14900 61st Street North — P.O. Box 6 Stillwater. MN 55082 -0006 DATE: TO: FROM: SUBJECT: October 10, 1989 All Washington County Law Enforcement Agencies Richard M. Arney, Washington County Attorney Disposition of Forfeiture Proceeds under M.S. §609.5315. Our office is happy to take this opportunity to attach for your information a letter that we have just received from Commissioner of Finance Tom Triplett with regard to the proper disposition of forfeiture proceeds. As you know, Dick Hodsdon asked Commissioner Triplett to invoke the provisions of Chapter 335, Article 4, Section 107 of 1989 Minnesota Session Law, to declare that your departments should continue to keep your share of forfeiture proceeds as a supplement to your operating budgets, rather than have it placed in your governmental unit's general fund. We are pleased to announce that in response to our request Commissioner Triplett not only affirmatively responded for our County, but issued a letter to all County Attorneys of the State of Minnesota in which he ruled that a literal reading of Section 100 was contrary to legislative intent. It would appear from the attached letter that your department may continue to consider the appropriate agency's share of the forfeiture proceeds to be used as a supplement to your operating budgets. Please do not hesitate to contact me if you have any further questions. RMA/js 41r/111// r f W� c: Richard Hodsdon First Assistant County Att rney Administration 0ilnslon Civil Oivmon m, Crimm4Wuvenda Oivmans •c,,e ra.cAne RECEIVED OCT 1 1989 Ans'd. Social Services Division vkUmnNtness Division F Machine 16121 779.5404 16121 779.5405 16121779 -5498 State of Minnesot Department of Fi ance October 6, 1989 Dear County Attorney: The State Departments Div proposed. and the Legislatu regarding consolidation of t this law was to reduce the books. Literal reading of Section 1 Subdivision 5, would no lon enforcement agencies but r Minnesota Department of to change this portion of th is found in Section 1 of the being paid shall continue to created ". Although forfeitu principle applies. In Sectio authority to make this inte 400 Centennial Building 658 Cedar Street St. Paul, Minnesota 55155 (612) 296-5900 sion of the House Appropriations Committee e passed. Laws 1989, Chapter 335, Article 4, e state's fund structure. The primary purpose of umber of non- general fund accounts on the state's 0 of this law indicates that M.S. 609.5315, er allow forfeiture proceeds to be used by law ther would credit them to the general fund. The finance does not believe that the Legislature intended forfeiture proceeds law. The basis for this decision above law. It states in part that "fees currently be used for the purposes for which the fees were e proceeds are not fees, we believe the same 107, the Department of Finance is given the retation of the law. We have checked this out 'th the appropriate legislative committee staff, and they concur in this interpret tion of the intent of the law. In compliance with Section 107, the Department of Finance will recommend to the 1990 Legislature the necessary changes to a end this problem with M.S. 609.5315, Subdivision 5. Sincerely, om Trip ett Commissioner cc: Glen Anderson, Chai an, House Appropriations Committee Gene Merriam, Chai an, Senate Finance Committee COUNCIL REQUEST ITEM • DEPARTMENT 1J5 4911 MEETING DATE C (. 14' �' Z,%/ DESCRIPTION OF REQUEST (Briefly outline what the request is) • _ - -. teig esY= zLr_ -_ _Rg v 6 e1Y CBGthQA, (Tve e 10 tti M'v► Tic, Q. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) &04fed vhd e,e } s..2tB4Leff J /P91 ADDITIONAL INFORMATION ATTACHED YES ___ NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY /;2 ?CiL�2S�' a3 DATE • To: Mary Lou From: Tim May 29 1991 At the May 28th meeting, the park board has approved the following people to use lowell park for there events. Carmen Craig- For the boat show to be held on July 13th and 14th 1991. Mr. Craig will be meeting with me to sign the contract before his event. David Rochlin- Has been approved to sell his necklaces in Lowell and Pioneer Park, on July 4th 1991. Only during the fire works. And he must use one of our local none profit groups. Like a ball team, cheer leaders, hockey team,ext. Mr. Rochlin is to contact me as to what group he will have, and is also to pay what ever fees at city hall. It was a 4 to 3 vote. Jennifer Schlagenhaft- Has been approved to hold the St. Croix Area United Way Campaign Kick -Off in Lowell Park on Sept. 7th 1991 from 10:OOam to 3:OOpm. Jennifer will be contacting me as to how many booths there will be and to sign the contract. Tom Odell- Chairman of Taste of the Valley did not show up for the meeting. No votes were taken one way or the other. Tim Thomsen Park Supervisor May 24, 1991 Mr. Tim Thomsen Stillwater Park Department 1372 S. Greeley Stree Stillwater, MN 55082 Dear Mr, Thomsen, The St. Croix Area U Lowell Park in Stillwa Way Campaign Kick-off. United Ways from Wisc annual campaigns. "Ha have used for the past This year we would li United Way fair. Plan food, musical enterta whole family!! We ho this year's event. ited Way would like to request the use of er on Saturday, September 7th for the United As in years past, St. Croix United Way and nsin have joined forces to commence their ds across the Bridge" has been the theme we two years. e to expand our event to include a day -long ed activities include agency booths, games, nment and the grand kick -off - fun for the e to incorporate the Superbowl theme into Although many of the details have not been confirmed, we are proposing the event to begin at 10:OOam and conclude between 2:00 and 3:OOpm. We since ely hope the city council will approve this request. If you woul like additional information, please don't hesitate to contact me. Thank you for your interest and support. Sihcerely Jennifer alagenha VP of pub icity - U 430 -4508 • SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES May 14, 1991 The meeting was called to order by Mayor Abrahamson. 4:30 p.m. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Fire Chief Seim Public Works Director Junker Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette DISCUSSION OF TAX AND CONTRIBUTION RELATING TO GAMBLING LICENSES Members of the Stillwater Elks Club and American Legion met with Council to discuss their concerns regarding recent Council action on charitable gambling requirements in the City. Phil Eastwood of the Elks Club stated that he would prefer to continue making voluntary donations to the City, rather than being required to donate ten percent as stated in the new regulations. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution rescinding Resolution No. 91 -53, Regulating Gambling in the City of Stillwater. (Resolution No. 91 -89) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to refund the Stillwater Elk's Club payment to the City that had been required by Resolution No. 91 -53, but was now rescinded. (All in favor) WORKSHOP ON FIRE CONTRACTS Council met with Fire Cheif Seim and Finance Director Deblon to discuss new fire contracts with Oak Park Heights, Stillwater Township, Grant Township, and May Township, and possible increases in charges for those contracts. Stillwater City Council Minutes Special Meeting May 14, 1991 Motion by Councilmember Bodiovick, seconded by Councilmember Funke to keep the charges for the new fire contracts at the 1990 level. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Funke to extend the current contracts to the end of June, 1991, until the new contracts can be ratified. (All in favor) SALARIES FOR TEMPOR ARY PUBLIC WORKS PERSONNEL Council met with Public Works Director Junker to discuss a recommended pay schedule for temporary public works and parks personnel. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate Resolution approving a salary of $8.25 per hour for employee Ken Kress and making the rate retroactive from the date of hire. (Resolution No. 91 -90) Ayes Councilmembers Bodiovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Opheim, seconded by Councilmember Bodiovick to adopt the recommended salary schedule for temporary public works personnel. (All in favor) CERTIFICATION OF CHANGES MADE BY THE BOARD OF REVIEW Motion by Coiuncilmember Bodiovick, seconded by Councilmember Farrell to adopt the appropriate Resolution certifying and accepting the proposed changes correcting assessments of certain real estate as recommended by the County Assessor's Office and the Stillwater Board of Review. (Resolution No. 91 -91) Ayes - Councilmembers Bodiovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None OTHER BUSINESS Request to Close Parking Lot Motion by Councilmember Bodiovick, seconded by Councilmember Farrell to approve the request to close the Lowell Park parking lot south of Chestnut Street on May 17, 18, and 19 for the Rivertown Art Fair. (All in favor) Council also granted Mr. Junker the authority to take any action necessary for the safety of citizens in regard to the flooding of the levee road. 2 • Stillwater City Council Minutes Special Meeting May 14, 1991 City Internships for Summer 1991 Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the hiring of Glen Buzzell as intern for the Building Inspector's office from June 3 to September 27, 1991 at a salary of $4.25 /hour. (Resolution No. 91 -92) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None The cost for this program was estimated to be $1,800. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate Resolution approving the hiring of Brook Collins as intern for Administration for 135 hours at a salary of $4.25 /hour. (Resolution No. 91 -93) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Nays - None The cost for this program was estimated to be $574. League of Minnesota Cities Safety Workshops Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the attendance of ten to fifteen individuals at the League of Minnesota Cities Safety Workshops at a cost of $15 per person. (All in favor) Letter to Senator Wellstone Motion by Councilmember Opheim, seconded by Councilmember Funke to direct Staff to draft a letter to Senator Paul Wellstone inviting him to the City to view and discuss the bridge situation. (All in favor) Ordinance Preventing Parking_of Cars for Sale on City Streets City Attorney Magnuson will research the possibility of drafting an ordinance restricting the parking of cars for sale on City streets. Resolution Recognizing Bob Thompson Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate Resolution recognizing Bob Thompson for 50 years in business in Stillwater. (Resolution No. 91 -94) 3 Stillwater City Cou Special Meeting May 14, 1991 Ayes - Councilmembe Abrahamson Nays - None ADJOURNMENT Motion by Councilme to adjourn the meet ATTEST: CIT Resolutions: No. 91 -89 - Rescind No. 91 -90 - Approvi No. 91 -91 - Accepti No. 91 -92 - Approvi No. 91 -93 - Approvi No. 91 -94 - Recogni Submitted by: cil Minutes Shelly Schaubach Recording Secretary s Bodlovick, Farrell, Funke, Opheim, and Mayor ber Funke, seconded by Councilmember Farrell ng at 6:50 p.m. (All in favor) MAYOR CLERK ng Resolution 91 -53 g salary of $8.25 per hour for Ken Kress g changes as presented to the Board of Review g internship of Glen Buzzell g internship of Brook Collins ing Bob Thompson A REGULAR MEETING STILLWATER CITY COUNCIL MINUTES May 21, 1991 The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Absent: Councilmember Farrell Also Present: Press: Others: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette 8:00 P.M. Jim Kellison - Con Spec Corp., Bob Marois, Lee Sandager, Doug Thomas, James Hoeft - Ground Development. Councilmember Farrell Honored Mayor Abrahamson noted that Councilmember Farrell was absent from the meeting tonight because he will be receiving a "Counselor of the Year Award" from the St. Paul School District. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Resolution commending Tom Lammers posthumously for years of service to City. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution awarding a Certificate of Appreciation posthumously to Fredrick "Tom" Lammers for many years of service to the City of Stillwater. (Resolution No. 91 -95) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Mayor Abrahamson, on behalf of the Council, awarded tne Certificate of Appreciation and expressed sympathy to the Lammers family on tne passing of Mr. Lammers. APPROVAL OF MINUTES - Regular & Recessed Meetings - May 7, 1991. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the minutes of the Regular and Recessed Meetings of May 7, 1991. (All in favor). 1 Stillwater City Council Minutes May 21, 1991 Regular Meeting Mayor Abrahamson noted that tonight's meeting started at 8:00 P.M. in stead of 7:00 P.M., as originally stated, due to the School Board Elections. STAFF REPORTS 1. "Dead End" sign for Wildwood Lane. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to place a "Dead End" sign on Wildwood Lane off Eagle Ridge Trail. (All in favor). Employing Scott Tierney Part -Time in Public Works Dept. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution employing Scott Tierney part -tine in the Public Works Dept. (Resolution No. 91 -96) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Public Safety Director - No Report. 3. Community Development Director - No Report. 4. Consulting Engineer - No Report. PUBLIC HEARINGS 1. This is the day and time for Local Improvement Hearing No. 271, Curve Crest Blvd. from Washington Ave. to the West. Notice of the hearing was published in The Courier on May 9 and May 16, 1991 and mailed to affected property owners. Consulting Engineer Moore presented information for the improvement of Curve Crest Blvd. from Washington Ave. westerly. The improvement consists of sanitary sewer, watermain, MSA street and is similar to Curve Crest Blvd. east of Washington Ave. The total cost of the improvement is $415,970.00. Funding is available from MSA funds in the amount of $259,000 for street and $18,000 for storm sewer which was constructed last winter. The amount to be assessed is $117,000. Mr. Moore stated a mock assessment roll has been prepared and further explained the proposed assessment. Lee Sandager, speaking for the Sandager family, stated they own Lots 1 through 6. He asked if there was a street assessment for Lot 6 when Washington was done, and if that assessment has already been assigned to the property. Mr. Moore stated there was and that lot will not be assessed for a hook -up, but one will be constructed for Lot 5. Mr. Sandager had more questions about nook -ups and Mr. Moore will review this 2 • Stillwater City Council Minutes May 21, 1991 Regular Meeting item with Mr. Sandager. City Attorney Magnuson also stated some lots may need to be combined and suggested this be discussed with Mr. Russell. Mr. Sandager also had questions about the high elevations of the property. Mr. Moore replied that the City will probably need slope easements in that area. Doug Thomas, Scandia, also a member of the Sandager family, questioned the street design and access points through the medium on Curve Crest. Lee Sandager asked whether there is any plan for construction of Tower Dr. since Dan Sandager has three lots that will need improvements. Discussion followed on possible combinations of these lots in order to provide services. Jim Kellison, 4394 129th St., Hugo, representing Curve Crest Properties and C. R. Hackworthy, questioned the establishment of division lines of properties and the amount of acreage as it relates to assessments. Mr. Kellison also questioned the 35% engineering contingency, legal, administrative, and bonding costs. Mr. Moore explained the policy. Questions also arose regarding left turn access maintenance. It was explained that the City maintains this as far as the property line. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution ordering the improvement and directing the Engineer to prepare plans and specifications for L.I. 271, Curve Crest Blvd. from Washington Ave. to the West. (Resolution No. 91 -97) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None 2. This is the day and time for Local Improvement Hearing No. 273, Highlands of Stillwater, (formerly Benson Farm Property). Notice of the hearing was published in The Courier on May 9 and May 16, 1991 and mailed to affected property owners. Mr. Moore explained the project which is located north of Orleans St. extended and Washington St. The property was formerly known as the Benson Farm and was recently annexed to the City. Ground Development (the Developer) will develop in phases. The property also includes a park. Mr. Moore stated the total cost of Phase I improvements is $423,780 and includes sanitary sewer, watermain, storm sewer, street construction and appurtenances. He further stated the Highlands of Stillwater costs have been separated from the W. Orleans costs and explained the time schedule. 3 Stillwater City Council Mi May 21, 1991 Regular Meeting nutes He stated it would be advantageous to combine the Curve Crest project with the Highlands of Stillwater in order to obtain better prices for construction. The schedule for the project included part of Lot 1 of the Prime Site Subdivision which was land locked and will provide utility service and access when Orleans is constructed through. The Orleans costs would be spread over three phases per Developers request. James Hoeft, Counsel for Ground Development, questioned the term of the assessment and Council replied that usually ten years is allowed. Mayor Abrahamson closed the public hearing. It was also noted that Neal Skinner, Prime Site, Inc., submitted a letter of objection to being assessed any improvement costs for the frontage of the park area because they have already paid a park dedication fee. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolutior ordering the improvement and directing the Engineer to prepare plans and specifications for L.I. 273, Highlands of Stillwater. (Resolution No. 91 -98) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None City Attorney Magnuson asked the Developer's attorney what relationship the Benson's have to the project and the attorney stated the Benson's hold the mortgage for the property, but the Developer is responsible for the assessments. UNFINISHED BUSINESS 1. Modification to Special Use Permit Master Plan for Popeyes Restaurant located at 422 E. Mulberry St. in the Bluffland /Shoreland Dist., Robert Marois, Applicant. Mr. Russell summarized the situation and stated the most important aspect is the change in use of the project, including seating, signage and trash receptacle. The conditions of approval were discussed. Bob Marois, Manager of Popeye's, stated he had not seen Mr. Russell's report prior to tonight's meeting. He found the limit of 48 people on the front patio and closing time of 10:30 P.M. for the patio to be restrictive. Further discussion followed on these items and also on monitoring the crowd in the facility and the parking lot. Mr. Magnuson stated the noise problem could be dealt with through the noise ordinance. Councilmember Opheim stated the City does not want anything negative going on downtown and want a cooperative arrangement between the Police and Bar Owners. A discussion of police calls followed. 4 Stillwater City Council Minutes May 21, 1991 Regular Meeting Council asked Mr. Marois to use his best effort to cooperate as far as the trash receptacles are concerned and to put some pressure on the restaurant owner and /or Stillwater Yacht Club to screen trash receptacles. After checking with Liquor Control, it was noted that the Liquor License can be amended to include the deck /patio and bar. Motion by Councilmember Bodiovick, seconded by Councilmember Opheim to approve the conditions of approval and as amended regarding occupancy of deck, closing time for front patio, trash receptacle, liquor license and elimination of landscape fencing for Popeyes Restaurant, 422 E. Mulberry St. in the Bluffland /Shoreland Dist., Robert Marois, Applicant. (All in favor). 2. Final Plat Approval for 33 Lot First Phase of Highlands of Stillwater Subdivision located east of the intersection of W. Orleans & Washington Ave. (Benson Farm), Case No. SUB/91 -23. Mr. Russell explained the details of the Final Plat Approval and that the Development Agreement has not been approved as of this date. City Attorney Magnuson stated some modifications must be made to the agreement. Motion by Councilmember Bodiovick, seconded by Councilmember Funke to approve the Final Plat for the 33 Lot First Phase of Highlands of Stillwater Subdivision located east of the intersection of W. Orleans & Washington Ave. (Benson Farm), Case NO. SUB/91 -23. (All in favor). 3. Update on Downtown Plan Improvements. Mr. Russell presented further information on the trash building for the Freight House and area businesses, benches and trash receptacles in the downtown area, and improvements related to the Lowell Inn. Mr. Russell will present further information at the next meeting regarding the trash building. The City would like to see more participation on the part of the downtown restaurants for this venture. Mr. Russell stated the trash receptacles and benches for downtown can be purchased for 30% less if purchased and installed by City crews. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the purchase of 12 benches ($9,660) and 25 trash receptacles ($12,900) as recommended. (All in favor). Mr. Russell stated he had met with Mr. Palmer to discuss coordinated parking lot improvements for the lot north of the Lowell Inn and undergrounding of utilities. Mr. Palmer requested that costs be assessed to him; would also like to use brick pavers in front of the Inn; and would be willing to lease land across Second St. in exchange for use of 16 ft. of City land on west side of Second St. Mr. Russell asked Council's 5 Stillwater City Council May 21, 1991 Regular Meeting inutes permission to contin e working with Mr. Palmer on these issues and Council concurred. Council recessed for ten minutes and reconvened at 9:50 P.M. 4. Discussion of Volume Council will hold a in the Council Chamb NEW BUSINESS 1. Appointment of Tom L Motion by Councilmember Tom Lillesve to the Park Lammers who recently pas 2. Possible reappointme Motion by Councilmember Jim Weaver to the Board 2. Ordinance comprehens modifications to the Case No. ZAT /91 -1. Motion by Councilmember first reading of an ordi including minor modifica Applicant, Case NO. ZAT/ Based Fee System for Solid Waste Collection. olume Based Fee Workshop on May 28, 1991 at 4:00 P.M. rs. llesve to Park & Recreation Commission. unke, seconded by Councilmember Bodiovick to appoint and Recreation Commission replacing Fredrick "Tom" ed away. (All in favor). t of Jim Weaver to Board of Water Commissioners. pheim, seconded by Councilmember Funke to reappoint f Water Commissioners. (All in favor). vely reorganizing and classifying, including minor Zoning Ordinance, City of Stillwater, Applicant. odlovick, seconded by Councilmember Opheim to have a ance comprehensively reorganizing and classifying, ions to the Zoning Ordinance, City of Stillwater, 1 -1. (All in favor). 3. Planning Commission acancy. Motion by Councilmember spheim, seconded by Councilmember Funke to advertise the opening on the Plann ng Commission due to the resignation of Judy Curtis. (All in favor). CONSENT AGENDA Motion by Councilmember the Consent Agenda of Ma 1. Directing Payment of Ayes - Councilmembers Bo' Nays - None odlovick, seconded by Councilmember Funke to approve 21, 1991, including the following: (All in favor). Bills (Resolution No. 91 -88) lovick, Funke, Opheim and Mayor Abrahamson. 2. Contractors Licenses C & M Trust Rt. 1, Box 312 Centuria, Wi 54824 Masonry & Brick Work Renewal 6 Stillwater City Council Minutes May 21, 1991 Regular Meeting Croix Valley Roofing 16220 Third St. No. Lakeland, Mn. 55043 David J. Construction 104 No. Harriet St. Stillwater, Mn. 55082 Delaney's Construction 10805 Hyland Terrace Eden Prairie, Mn. 55344 Eiklenborg Construction 10343 Dellwood Rd. Stillwater, Mn. 55082 Fuhr Trenching 12639 Manning Ave. No. Hugo, Mn. 55038 Gallati Excavating, Inc. 6284 Upper 46th St. No. Oakdale, Mn. 55128 Horak, Inc. 244 So. 4th St. Bayport, Mn. 55003 Minnesota Elevator, Inc. P.O. Box 443 Mankato, Mn. 56002 Sign Services, Inc. 1016 No. 5th St. Minneapolis, Mn. 55411 Roofing Renewal General Contractor Renewal General Contractor New Masonry & Brick Work Renewal Excavators Renewal Excavators Renewal Moving & Wrecking Bldg. Renewal Tree Trimmers Elevator Installation New Sign Erection General Contractor Sign Erection Renewal T. G. Home Builders New 120 Collen St. Wyoming, Mn. 55092 Topline Outdoor Advertising New 1471 - 92nd Lane N.E. Blaine, Mn. 55434 3. Submission of claim to Insurance Co. for damage to auto from pipe in drain - Doug Sewright, 9850 Old Deer Tr. 7 Stillwater City Council M May 21, 1991 Regular Meeting 4. Request for Banner - 5. Set Public Hearing Da a. Case No. SUB /91 -17 two lots of 4.96 a Single- Family Resi Seefert, Applicant b. Case No. SUP /91 -19 previously approve two -story addition Myrtle St. located Residential Dist., c. Case No. V/91 -21 - requirement for th sideyard setback 1 Residential Dist., d. Case No. V/91 -22 - (thirty ft. requir setback requiremen construction of a Single- Family Resi e. Case No. V/91 -24 - structure (1,000 s construction of an the RB, Two - Family Douglas Vollmer, A f. Case No. SUB /91 -25 outlots and five d to 44,600 sq. ft 1 Residential Dist., g. Case No. V/91 -26 - of a twenty sq. ft located at 1672 So Larry Axdahl & She h. Case No. SUP /91 -27 three rooms and in St. (the Brunswick Martha Hubbs, Appl i. Case No. V/91 -28 - requirements (five sideyard requested So. Third St. loca St. Claire, Applic j. Case No. SUP /90 -17 conduct small grou nutes alley Antique Show, Sept. 14 & 15, 1991. e of June 4, 1991 for the following Planning Cases: - A Minor Subdivision of a 11.29 acre parcel into res & 6.33 acres located north of STH 96 in the RA, ential Dist. & Bluffland /Shoreland Dist., Kenneth - A Special Use Permit for modification to a Special Use Permit to construct a 22 ft. by 24 ft. to a group home residential facility at 310 W. in the RCM, Medium Density Multiple- Family Rodney Stivland, Applicant. A Variance to the five ft. sideyard setback construction of an attached garage with a zero cated at 915 W. Abbott St. in the RB, Two Family Raymond Loida, Applicant. A Variance to the frontyard setback requirement d, fifteen ft. requested) and to the sideyard (five ft. required, three ft. proposed) for the creened porch at 511 W. Moore St. located in the RA, ential Dist., Jeff Sherburne, Applicant. A Variance to the building coverage for an accessory . ft. maximum, 1,562 sq. ft. requested) for the 832 sq. ft. garage at 428 E. Alder St. located in Residential Dist. and the Bluffland /Shoreland Dist., plicant. - A Major Subdivision of a 29.5 acre parcel into two velopable lots ranging in size from 25,180 sq. ft. cated off Eagle Ridge Tr. in the RA, Single - Family Tim Nolde, Applicant. A Variance to the Sign Ordinance for the placement monument sign, eight ft. from the property line Greeley St. in the BP -C, Business Pk. Comm. Dist., don Pearson, Applicants. - A Special Use Permit for a guest house inn with oor /outdoor public dining located at 114 E. Chestnut House) in the CBD, Central Bus. Dist., Duane & cants. A Variance to the rearyard and sideyard setback ft. rearyard & sideyard required, two ft. rearyard & for the construction of a 442 sq. ft. garage at 808 ed in the RB, Two - Family Residential Dist., Daniel nt. - A Special Use Permit Review for a permit to tours, small business meetings & small weddings (40 8 Stillwater City Council Minutes May 21, 1991 Regular Meeting people maximum) at the William Sauntry Bed & Breakfast located at 626 No. Fourth St. in the RB, Two - Family Residential Dist., Duane & Martha Hubbs, Applicants. STAFF REPORTS (Continued) 5. Community Development Director - Mr. Russell announced that there will be a committee meeting every couple of weeks during construction in the downtown. He also presented a logo for use in promoting the downtown during this period. Budget for Downtown Shuttle & Public Information Program Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the budget of $3,650 for the Downtown Shuttle and public information program during Downtown Improvements. (All in favor). Designation of Bus Stop for Summer Downtown Bus Shuttle Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the designation and signage for a bus stop on Second St. south of Myrtle St. (All in favor). Mr. Russell also informed Council that a "Kick-off" celebration and pancake breakfast will be held tentatively on June'll for downtown construction. Stillwater /Houlton Bridge Type Study, Public Meeting May 15, 1991. Motion by Councilmember Opheim, seconded by Councilmember Funke directing Staff to communicate with Mn /DOT regarding the apparent lack of concern for bridge design fitting into the Stillwater environment. (All in favor). Planning Seminar Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the attendance of Councilmember Funke and Planning Staff Member at a Planning Workshop in Hastings on June 6 & 7 at a cost of $60.00 per person. (All in favor). 6. Consulting Engineer - Approving Plans & Specs, and Ad for Bids, L.I. 271 Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution approving plans and specifications and ordering advertisement for bids for L.I. 271, Curve Crest Blvd. improvements. (Resolution No. 91 -99) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Stillwater City Council Minutes May 21, 1991 Regular Meeting Approving Plans & Specs, and Ad for Bids, L.I. 273 Motion by Councilmernber unke, seconded by Councilmernber Opheim to adopt the appropriate resoluti n approving plans and specifications and ordering advertisement for bids f r L.I. 273, Highlands of Stillwater improvements. (Resolution No. 91 -100) Ayes - Councilmembers Bodiovick, Funke, Opheim and Mayor Abrahamson. Nays - None Authorization to Prepare Preliminary Grading Plan for "Green Twig Way" Motion by Councilmernber Bodlovick, seconded by Councilmernber Funke to give authorization to the Consulting Engineer to prepare a preliminary grading plan for Green Twig Way (Grandquist property) Tim Nolde, applicant. (All in favor). Rubberized RR Crossings on Chestnut & Nelson Streets Motion by Councilrnember Opheim, seconded by Councilmernber Funke to authorize the expenditure of $15,000 to secure the materials for the rubberized railroad crossings on Chestnut and Nelson Streets and direct Staff to work toward the installation in terms of coordinating times. (All in favor). Clam Survey as it re ates to the Construction of Storm Sewer Outlot for Downtown Motion by Councilmernber Opheim, seconded by Councilmernber Funke to proceed with a clam survey as it relates to the storm sewer outlet in the downtown improvements; and expending the related costs. (All in favor). Detour through Downtown for Highway 95/96 Improvements Consulting Engineer Moore explained the traffic detour that will occur because of a construction blockage between the Highway 95/96 junction and the old railroad overpass. Traffic will be rerouted through the downtown area in order to install a watermain. The papers will be informed. Mr. Moore suggested that the streets used for the detour be televised so that the City will know what damage has been done by the detour. It would begin about June 3. COMMUNICATIONS /REQUESTS 1. C. J. Kabis, request to serve on the Stillwater Charter Commission. Council directed this letter be referred to the Charter Commission. They will also advertise n the papers for interested members. 2. Susan Howard, Sec -Tres. of Fairview Cemetery Ass'n., concern regarding deteriorating sidewalk on Orleans & Osgood. This item will be discussed at a future meeting after more information is received. 10 Stillwater City Council Minutes May 21, 1991 Regular Meeting 3. Fr. John Szarke, Church of St. Michael, request to erect a 14 ft. decorative pole with a flood fixture to light steeple on public R -O -W. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize St. Michael's Church to erect a 14' decorative pole with a flood fixture to light their steeple on the public right -of -way, provided that the floodlight does not create any problems for the neighborhood. (All in favor). 4. NSP - Hearings regarding Electric Rate Increase. Council noted that a letter has already been sent regarding this issue. 5. Kristi Haselman, LMC - Settlement of Luhrs Claim. Council noted this letter. 6. Letter from Lower St. Croix Management Commission regarding objection to . placement of "No Wake Zone Buoys ". - Council noted this letter, no action taken. Staff Reports (Continued) 7. City Coordinator - Mr. Kriesel commended Community Development Director Russell on his work and recommendation for the Popeye's issue held earlier. He stated Mr. Russell is paid to bring these issues before Council and make recommendations. 8. City Clerk - Amending Liquor Licenses to include Outside Bars Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the amended liquor licenses for Popeye's, Freighthouse and Oak Glen as it relates to their outside bars. (All in favor). Temporary Liquor License - "Taste of the Valley" Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the temporary liquor license for the Taste of the Valley Festival. (All in favor). Submission of Tom Lennartson Claim to Insurance Co. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to send the claim to the insurance company for damage to the underbody of a car on Second and Nelson Streets, Tom Lennartson, Claimant. (All in favor). Possible Revocation of Bid for Crane Council directed that a letter be sent to Ray Koehnen, West St. Paul, who received the bid award for removal of the crane on the Aiple's property, alerting him to a possible bid revocation. COUNCIL REQUEST ITEMS 11 Stillwater City Council Minutes May 21, 1991 Regular Meeting Award of Contract for Painting at Fire Dept. Councilmember Funke noted that the Fire Dept. was not included in the original award for painting of City Hall. Motion by Councilmember Funke, seconded by Councilmember Opheim to authorize Jack Hogberg Decorating to paint the windows in the Fire Dept. at a cost of $250.00. (All in favor). Determination of Proper Date of City's Founding Councilmember Opheim noted that there is some discrepancy in the founding dates for the City and suggested that perhaps the Heritage Preservation Commission could research this issue in time to celebrate the City's 150th anniversary. Motion by Councilmember Finke, seconded by Councilmember Bodlovick to refer all information on the birthdate for the founding of Stillwater to the Heritage Preservation Commission to ascertain the true date in order to celebrate the 150th anniversary of Stillwater. (All in favor). Sale of King Video Cable Councilmember Bodlovick noted that King Videocable Co. has been sold. Ordinance Against Selling Cars on City Streets City Attorney Magnuson stated this ordinance is in progress. ADJOURNMENT Motion by Councilmember FLnke, seconded by Councilmember Bodlovick to adjourn the meeting at 10:47 P.M. (All in favor). ATTEST: MAYOR CITY CLERK Resolutions: No. 91 -88 - Directing Payment of Bills. No. 91 -95 - Honoring Tom Lammers Posthumously. No. 91 -96 - Employing Scott Tierney Part -Time in Public Wks. Dept. No. 91 -97 - Ordering Improvement & Preparation of Plans for L.I. 271. No. 91 -98 - Ordering Improvement & Preparation of Plans for L.I. 273. No. 91 -99 - Approving Plans & Specs; Ordering Ad for Bids, L.I. 271. No. 91 -100- Approving Plans & Specs; Ordering Ad for Bids, L.I. 273. 12 City of S tiffwatett, U timesota Cektttteate of Lpptteetattov pnesented to JUDITH CURTIS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that for her faithful service to the City as a Planning Commission Member, Judith Curtis, be, and is hereby commended; that recognition be given to the fact that for the period of five years she has been in office as a Planning Commission Member, the said Judith Curtis has served the City faithfully, efficiently and courteously. The Council regrets that Ms. Curtis is resigning, but extends to her its best wishes for the future. BE IT FURTHER RESOLVED, that the City Clerk be, and she is hereby authorized and directed to spread this resolution upon the official record of proceedings of the Council and to deliver a certified copy thereof to the said Judith Curtis. Adopted by Council this 4th day of June 1991. PLANNING APPLICATION REVIEW CASE NO. SUB /91 -17 Planning Commission meeting: May 13, 1991 Project Location: Just west of Highway 95/96 intersection. Comprehensive Plan District: Single Family Zoning District: RA Single Family Residential Applicant's Name: Kenneth Seefert Type of Application: Subdivision of two lots. PROJECT DESCRIPTION: Request to subdivide a 11.29 acre parcel into two lots of 4.96 and 6.33 acres. DISCUSSION: The request is to subdivide a 11.29 acre lot into two lots of 4.96 acres (Parcel A) and 6.33 acres (Parcel B). The 11.29 acre site is located in the Single Family Residential District and Bluffland /Shoreland Overlay District. No sewer and water service is available to the site. The character of the area is large lot single family development. The Bluffland /Shoreland District requires a 1.0 acre lot minimum with a 150 foot minimum lot width and 100 foot lot depth. The site, located approximately 1/2 mile from the river, is not visible from the river. Access to the site is provided off of State Highway 96 by two rough cut driveways. Both parcels have irregular topography with a stream running between them. Soil surveys were preformed for the two sites for a potential building location. Final septic system designs will have to be designed and approved before building permits can be issued. Because of the steep slopes it is recommended that the building plans for the two parcels be reviewed and approved before building permits are issued. The building plans, including driveways, shall show how the increased runoff from the development is handled minimizing the potential for erosion during and after construction. Because the subdivision is located in the Bluffland /Shoreland District, the subdivision request has been referred to the Minnesota /Wisconsin Boundary Area Commission and MN Dept. of Natural Resources for comment. No comments have been received from the DNR and MWBAC comments are attached. RECOMMENDATION: Approval with conditions. FINDINGS: The request as proposed and conditioned is consistent with the City Comprehensive Plan and Zoning Ordinance, including Bluffland /Shoreland regulations. CASE NO. SUB /91 -17 - Continued. CONDITIONS OF APPROVAL: 1. The building plans approved by the Co are issued for the for construction on the lots shall be reviewed and munity Development Director before building permits construction of single family residences. The plans shall shsw any tree removal, grading, drainage and erosion control measures, .nd on -site septic system plans consistent with PCA requirements. 2. For recording, new lots A and B shall not be further subdivided without City sewer service. 3. This subdivision i Commissioner of th 4. Prior to recording topographic map th with adequate land envelope and drain ATTACHMENTS: - Application - Subdivision Plan. not approved until it is certified by the Department of Natural Resources. lot split, the property owner shall submit a t shows that both sites can accommodate development of 12% or less. The map should show a building ield area. PLANNING COMMISSION RECO ENDATION: Approval as conditioned. ,j�hNater. THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: BLUFFLAND /SHORELAND PERMIT REVIEW AGENCIES FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 24, 1991 SUBJECT: SUBDIVISION OF 11.29 ACRE LOT INTO TWO LOTS OF 4.96 ACRES AND 6.33 ACRES LOCATED IN THE SINGLE FAMILY (RA) BLUFFLAND /SHORELAND (BS) DISTRICT. KENNETH SEEFERT, APPLICANT. CASE NO: SUB /91 -17) The City of Stillwater has received a request to subdivide a 11.29 acre site into two lots. (See location map.) The site is located in the Bluffland /Shoreland District and requires submittal to Review Agencies for comment. The item has been scheduled for hearing by the Planning Commission on May 13, 1991 and the City Council of the City of Stillwater on June 4, 1991. Please submit any comments you may have so they may be considered by the City in their decision on the request. ATTACHMENT: - Location Map - Certificate of Survey - May 3, 1989. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 CASE NUMBER PLANNIN Street Location of Property. Logal Doscription of Propo Owner: Name Kenneth Caso Number Vall. O G Fee Paid Date Filed /6A/ ADMINISTRATIVE FORM Dellwood Road North & St. Croix Tr. N ty: Pt. of Lot J 1 Sec. 121,_ Tw�j 0 R. e_ #20 eefert Address __10443 u e ide.1_8ds_Us: Phone: _ 43_9_-_7_3_4_5_ Applicant (if other than ow er): Name Address Type of Request:. ___ R =zoning ___ Approval of Preliminary Plat S•ocial Use Permit ___ Approval of Final Plat ___ V riance Other Phone: Description of Request: S s lit an 11.29 acre lot into 2 .2arceis Si • nature of Applicant: 1.e. y 1 �I_ Date of Public Hearing: NOTE: Sketch of proposed pro.erty and structure to be drawn.on back of this form or at- tached, showing the fol owing: 1. North direc ion. 2. Location of proposed structure on lot. 3. Dimensions •f front and side set - backs. 4. Dimensions of proposed structure. 5. Street nam- . 6. Location of adjacent existing buildings. �� 7. Other info ation as may be requested. -431 I-2 Approved ___ Denied ___ •y tho Planning Commission on iztv dote) subject to the following co ditions: Approved ___ Denied ___ •y the Council on subject to the following conditions: Comments; (Use other side • 1!!!r:gHPESOIFZE DEPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Rd., St. Paul, MN 55106 PHONE NO. 772 -7910 FILE NO. May 9, 1991 STATE OF Mr. Steve Russell City of Stillwater 216 North Fourth Stillwater, Minnesota 55082 RE: Proposed Subdivision Kenneth Seefert /Douglas Vollmer Variance Dear Mr. Russell: Thank you for sending a copy of the proposed subdivision of property adjacent to Highway 96. The DNR does not have to formally certify this subdivision, because under the current rules, a subdivision is division of property into three or more lots. We do, however, have some concerns about this property due to slope conditions. I have visited parcel B, and have seen parcel A from parcel B. Neither parcel contains very much land which is less than 12% slope. The slopes would not be considered blufflines, since the property is screened by topography from the river. Variances would undoubtedly be needed for structures, and possibly septic systems, given the slope conditions. Hardship would be extremely difficult to demonstrate, since the problem is created by the landowner. Section 701.01 of the bluffland model code prohibits subdivision of land which has, among other things, "unfavorable topography ". If the property is allowed to be subdivided, and subsequent property owners apply for a variance to build on a 12% or greater slope, it is questionable whether the variance could be granted due to the self - created hardship issue. The DNR has no comment on the accessory structure variance for Douglas Vollmer on Alder Street, since it is a variance to local ordinance. Our only concern would be if the 20% impervious surface coverage limitation is exceeded. If you have any questions, please contact me at 772 -7910. Sincerely, -- Molly �. Shodeen Area Hydrologist MCS5003 /CL cc: Sandy Fecht Dan McGuiness Ken Seefert AN EQUAL OPPORTUNITY EMPLOYER Minnesota Telephone (612) 436 -7131 MINNESOTA- WISgONSIN BOUNDARY AREA COMMISSION 619 SECO D STREET, HUDSON, WISCONSIN 54016 -1576 Se,tving Our Sponsor States on the St. Croix and Mississippi Rivers since 1965 Office Hours: 8 A.M. - 5 P.M. Monday- Friday May 2, 1991 Steve Russell Community Developme City Hall 216 North Fourth St Stillwater, Minneso RE: Subdivision Re Case No. SUB /9 Dear Mr. Russell: In response to your request by Kenneth lots (Parcel A: 4.9 following comments: 1. We defer on this r 2. We have n City of S standards 3. We are pa be create topograph construct Riverway creation request f in order hardship prevented and conf i Please enter these be present at the h final decision of t you for the opportu Sincerely, a- an Mc ess Associate Executive cc: Molly Shodeen, r • • • t Director eet a 55082 uest - Kenneth Seefert -17 Wisconsin Telephone (715) 386 -9444 letter of April 24, 1991 regarding the eefert to subdivide 11.29 acres lot into two acres and Parcel B 6.33 acres) we have the o the Minnesota DNR for regulatory comments quest. objections if the Riverway ordinance of the illwater and the Minnesota DNR minimum can be met. ticularly concerned that the lots that would have sufficient space and dimensional and c features that would enable any future on without the need for any variances from oning regulations. We cannot support the f any lots that would later result in a ✓ a variance request by a subsequent builder o make reasonable use of the property. A ondition should not be created when it can be in the process of establishing lot dimensions uration. omments into the hearing record. We will not aring. Please advise us, as well, of the e planning commission and council. Thank ity to comment. Director MDNR CONDITIONAL USE PERMIT City of Stillwater, Minnesota Date Issued: May 20, 1986 PROJECT NAME: RODNEY L. STIVLAND, ACSW ADDRESS: 310 West Myrtle Street, Stillwater, Minnesota 55082 ZONING DISTRICT: RCM Medium Density Family It appearing to the City Council of the City of Stillwater, that the Rodney Stivland Group Home Residential Facility located at 310 West Myrtle Street, Stillwater, Minnesota 55082, is both an institutional use and a boarding house and that such a use requires a Conditional Use Permit in the RCM Zoning District; and that since the residential facility is within 1,320 feet of an existing residential facility and as such the State of Minnesota, prior to the licensing of the home requires that a Conditional Use Permit be granted by the city in which it is located and that the City of Stillwater and the State of Minnesota are anxious to avoid the excess concentration of residential facilities within any city, so the City Council, therefore, by this permit imposes the following conditions which it deems necessary to protect the health and safety of the residents of the facility and also, because of the concentration of the facilities within a particular district, the City Council hereby imposes certain conditions for the protection of the neighborhood: 1. This Conditional Use Permit shall be effective only so long as the facility is a duly licensed residential facility within the meaning of Rule 8 of the Rules of Minnesota Department of Public Welfare. 2. This Conditional Use Permit shall be effective only as long as the residential facility serves and is licensed for 16 persons or less. 3. The facility must comply with all conditions imposed upon its operation by the Department of Public Welfare of the State of Minnesota. 4. That the facility must submit to the City Council any application that it makes to the Minnesota Department of Public Welfare for a change in the status of its license. This shall be submitted to the City Council at the same time that the application is made to the Department of Public Welfare. 5. No identification, advertising or other signs shall be permitted except those specifically authorized by the City Council or permitted under the provisions of the Stillwater City Zoning Ordinance. That all reasonable measures should be taken to prevent residents from this facility from trespassing upon or through adjacent private property and the privately owned ravines that are adjacent to the facility. 6. This Conditional Use Permit may be reviewed and amended at any time after notice and public hearing to impose such further restrictions as may be necessary to protect the health and safety of the residents of the facility and the health and safety of the residents of the City of Stillwater. Passed by the City Council of the City of Stillwater this 20th day of May, 1986. Harr D. Peterson, Mayor Mary Lou ohnson, City erk • PLANNING APPLICATION REVIEW CASE NO. SUP /91 -19 Project Location: 310 West Myrtle Street Comprehensive Plan District: Medium Density Multiple Family Residential. Zoning District: RCM Applicant's Name: Rodney Stivland & Dianne Addison Type of Application: Special Use Permit PROJECT DESCRIPTION: A modification to a previously approved Special Use Permit. Tne request is to construct a 22 foot x 24 foot two story addition to a group home residential facility. DISCUSSION: The request is to construct a 22 foot x 24 foot two story addition to a group home residential facility. This addition will add additional living areas to the facility but will not increase the number of residents. Presently, the structure is licensed for sixteen persons. The two story addition will add approximately 1,056 square feet of living space to the facility which will include meeting /living room areas. It does not include private sleeping rooms. The site plan shows where the addition will be located on the site. It meets the setbacks for the zoning district. According to the site plan, the addition will not take out parking spaces. There is 34 feet from the addition to the driveway. CONDITIONS OF APPROVAL: As previously conditioned. (See Conditional Use Permit issued May 20, 1986.) RECOMMENDATION: Approval. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public. ATTACHMENTS: - Site Plan. - Application Form. - Conditions. PLANNING COMMISSION RECOMMENDATION: Approval. CASE NUMBER PLANNIN Street Location of Property: Legal Description of Propo Owner: Name __ :Q•diley L. Address 6490 Lanni Case NumborSI /V (:)-8 Fee Paid ___ Date Filed __1 =3 ,/J1 ADMINISTRATIVE FORM 31011. ilyrtle Streeter Stillwater,, Iffl 55082 ty: See Attached Stivland - Dianne U. Addison ale Lane, tlaple Grove, I1i1 Phones 420 -3643 Applicant (if other than ow er): Name Address Phone: Typo of Request:. ___ R =zoning ___ Approval of Preliminary Plat - Special Use Permit ___ Approval of Final Plat - V • riance ___ Other • currently have a Special Use Permit under the name Description of Request: We of harbor Shelter & Counsel rg Ctr. /Stivland, Inc. - allowing us to house 16. adolescents in the bldg. W seek to add a 22x24 addition onto the bldg. to be used 177-a71rEfolZrliving area eeping the rota7 occupar a't T6. 1 ;' Sig ature of Applicant: Date of Public Hearing: NOTE: Sketch of proposed pro tached, showing the fol owing: erty and structure to be drawn,on back of this form or at- 1. 2. 3. 4. 5. 6. 7. North directon. Location of Dimensions Dimensions Street name Location of Other info proposed structure on lot. f front and side set - backs. f proposed structure. adjacent existing buildings. ation as may be requested. Approved ___ Denied ___ „y tho Planning Commission on (date) subject to the following co ditions: Approved ___ Denied ___ following conditions: y the Council on subject to the Comments: (Use other side 5 *It CivA- 506/611".// A2 4 tj.UN mod WS CREEK w�•••" "" RAILY4AY � on • CORPORATE LIM /TS • Y i G~ 3701D6 • a L WATE R w /2 • 1 CGUNTRY HAZEL S C L U B MOORE ST. 46 t 41 /6— 3-1 •1, —/5— • 00 :11111�111111�,I11111W111111 :1111101111111: =11111 11111 e YCAMO(R I� I I 4 I I 111111111C 1111 311110111111,21111111111111: AST STILLWATER 11L II. 4111111, LIE= MINN tab moung corm! :W • • • • • WILKIN 4 1 w IF; 7.11 ©0 -/4 :Dill :111111 :Illilmlllil: !T 71 /Or • , lal • I ' • HAZEL t1 = I.I • 47 55 54 . I , Lt • ti • 48 w 49a • EINE • 44 0 • 43 S_f z 42 • I , • • :1= 30 25 23 ITN -00_00„00 00.,E /9 =S{a 0� :I.- allE /1 • 1 /2 . 1, pry 4 OP 00 0,1 st realgto /3 •1, • /4 ao v0 r • ASP EMI cun • • 14 �I cli V SO ' * Sheet 2 of 2 Sheets • PROPOSED SEEFERT MINOR SUBDIVISION CERTIFICATE OF SURVEY JOB NO: None BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439 -5630 SURVEY MADE EXCLUSIVELY FOR: Mr. Ken Seefert, 10003 Mendel Road No. Stillwater, Minnesota 55082 DESCRIPTION: Proposed Subdivision of an overall parcel described in Doc. No. 423441, Office of the Co. Recorder, Wash. Co., MN. All that part of Government Lot 1 of Section 21, Township 30 North, Range 20 West, Washington County,'Minnesota described as follows: Beginning at the northwest corner of said.Government,Lot 1; thence North 88 degrees 59 minutes 24 seconds East, bearing oriented to the Washington County,Coordinate System, South Zone, along the North line of said Government Lot 1 a distance of 617.30 feet to a point.. distant 700.00 feet west of a stone monument at the southwest corner of the Southeast Quarter of the Southeast Quarter of' Section, 16, Township 30 North, Range 20•West, as measured along said North line; thence South 52 degrees 54 minutes 49'seconds East 178.37 feet; thence- South,22 degrees 46 minutes'41 seconds East 105.41 feet; thence South'22 degrees 37 minutes 35 seconds East 88.03 feet, thence South 41 dog'r•ees— 06 minutes 47 seconds West 175.31 feet ',to the most northerly. crtrn•er of the tract described in Document No 325819;: thence South 45 degrees 30 minutes 45 seconds• West 162.70 feet 'along the ' northwesterly line o f said tract; thence South 00,degrees 32 minutes 46 seconds East ,327.,10 feet along :the westerly line of said tract to the' northerly night -of -way line'of Trunk Highway No.'96; thence westerly along said northerly right-of -way ,line 721 feet,' more. or less,' to the West line of sa i d' Government Lot 1; thence; North 01 degree 11 minutes 42 seconds West'along said West line of Government Lot 1 a distance of 591.46 feet, more or less, to the point of beginning, containing 11.29 acres, more or less, which lies * of the following described line towit: Commencing at the northwest corner of said Government Lot 1, thence North 88 degrees 59 minutes 24 seconds East, bearing oriented to the Washington County Coordinate System, South Zone, along the North line of said Government Lot 1, a distance of 385.32 feet to the point of beginning of the line being described; thence South 01 degree 11 minutes 42 seconds East along said line 206.34 feet; thence South 26 degrees 04 minutes 22 seconds West along,said line 136.05 feet; thence South 03 degrees 25 minutes 28 seconds West along said line 282.46 feet; thence South 13 degrees 27 minutes 43 seconds West along said line 64.12 feet, more or less, to said northerly right -of -way line of Trunk Hwy. No. 96, and there terminate. NOTE: * Parcel A insert "westerly ". * Parcel B insert "easterly ". 1 hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the laws of the S to of Minnesota. Date 5 -3 -89 Reg.No 13774 PLANNING APPLICATION REVIEW CASE NO. V/91 -21 Planning Commission Meeting: May, 13, 1991 Project Location: 915 West Abbott Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Raymond and Bonnie Loida Type of Application: Variance. PROJECT DESCRIPTION: A Variance to the five foot sideyard setback requirement for the construction of a garage with a zero sideyard setback. DISCUSSION: The request is to construct an attached garage to an older home. The lot abutts Washington Park to the north where the attached garage will be located as shown on the attached site plan. There is an existing driveway on this side of the home. The twenty four foot area is large enough to accommodate the garage and is a reasonable area on the site for the placement of the garage. The applicants have not indicated how large their existing shed is and if they will continue to use the structure. The parcel is 16,500 square feet which is over two small City lots. There are also no adjacent structures abutting the property. CONDITIONS OF APPROVAL: 1. All drainage from the roof shall remain on site and not impact Washington Park. 2. A one hour fire rating shall be installed as per Building Inspector's comments on the building permit. RECOMMENDATION: Approval. FINDINGS: The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. ATTACHMENTS: - Application Form - Site Plan - Short Letter. PLANNING COMMISSION ACTION: Approval with conditions. AC 100 Case Number 0./— Fee Paid 7 0 r �o Date Filed y/ S1 9i PLANNING DMINISTRAT IVE FORM Street Location of Property: Legal Description of Property LL10 .hf _,4c%__ZQdS 3 _h r r / Owner: Ncrne _G1�Cl32a12d► zaz _jQLC/CL Tr. Address L .a/"/ Phone:4 <fl 6 Applicant (if other than owne'): Name Address Phone: Type of Request:. Rez•ning ___ Approval of Preliminary Plat Spe 'pia1 Use Permit ___ Approval of Final. Plat Variance ___ Other Description of Request: aJO eJJ ,e_ed.LY 2 ZL g6/ z eq.c_ c.A.s Signature of Applicant: i2-z_---) Date of Public Hearing- NOTE: Sketch of proposed prop =rty and structure to be drawn tached, showing the foilo ing: 1. North directi• n. 2. Location of 'proposed structure on lot. 3. Dimensions o front and side set - backs. 4. Dimensions o• proposed structure. 5. Street names. 6. Location of - djacent existing buildings. 7. Other inform: tion as may be requested. Approved ___ Denied ___ b subject to the following con )n back;of tti%s. for.. or at- the 'Planning Commission on (date) itions: Approved ___ Denied __ following conditions: Comments: (Use other side y the Council an subject to the • T • PLANNING APPLICATION REVIEW CASE NO. V/91 -22 Planning Commission Meeting: May 13, 1991 Project Location: 511 West Moore Street Comprehensive Plan District: Residential Zoning District: RB - Duplex Residential Applicant's Name: Jeff Sherburne Type of Application: Variance PROJECT DESCRIPTION Variance to the front and sideyard setback requirement for construction of a 14 ft. x 10 ft. porch. DISCUSSION Tne request is to construct a 10 ft. x 14 ft. porch addition to the front of an existing single family residence. Residences to the east and west of the house are setback 25 to 30 feet. The Sherburne lot is retained in the front by a concrete wall. The addition would be above the wall. The Stillwater County Club is located across the street. The addition would project out closer to the street then the houses on either side. A hedge and tree partially screen the addition from the neighbor to the west. Tne required front setback is thirty feet. The proposed setback is fifteen feet. The proposed side setback is three feet, the required is five feet. RECOMMENDATION: Denial. ATTACHMENTS: - Application - Plans. PLANNING COMMISSION ACTION: Denial. FINDINGS: The project is not compatible with the neighborhood and zoning regulations. VARIANCE: (a) There are special ci findings, applying to th sought, which circumstan buildings and do not app neighborhood, and that s strict application of th applicant of the reasona cumstances or conditions, fully described in the land or building for which the variance is es or conditions are peculiar to such land or y generally to land or buildings in the id circumstances or conditions are such that the provisions of this Ordinance would deprive the le use of such land or buildings. (b) For reasons set fort fully in the findings, the granting of the variance is necessary for the reasonable use of the land or buildings and that the same is the minimum variance that will accomplish such purpose. (c) The granting of the purpose and intent of t neighborhood or otheris to considering the char those in the vicinity, take into account the n buildings or upon such other considerations. variance will be in harmony with the general is Ordinance and will not be injurious to the detrimental to the public welfare. In addition cter and use of adjoining land and buildings and n making such finding, the City Council shall mber of persons residing or working in such and and traffic conditions in the area among PLANNING APPLICATION REVIEW CASE NO. V/91 -24 Planning Commission Meeting: May 13, 1991 Project Location: 428 East Alder Street Comprehensive Plan District: Two Family Residential and Bluffland /Shoreland District. Zoning District: RB Applicant's Name: Douglas Vollmer Type of Application: Variance PROJECT DESCRIPTION: A Variance to the building coverage for all accessory structures (1,000 square feet maximum, 1,562 square feet requested) for the construction of an 832 square foot garage. DISCUSSION: The request is to build a new 832 square foot garage on a lot which presently has a 730 square foot attached garage. The garage on the property will be torn down along with an existing shed on the site. The applicant has stated this new garage will provide storage and a maintenance area for his vehicles. The location of this property is behind Wolf Marina in the Bluffland /Shoreland District. The property gently slopes up from the parking area of the Marina. The slope is not greater than 12% so the location of the garage cannot be defined as in the bluffline. The shoreline is over 100 feet from the location of the proposed garage. The Marina screens the property from the river so the garage will not be visually conspicuous from the riverway. Also, demolition of the shed and existing garage will clean up the site. There will be one less structure on this parcel after construction of the new garage. CONDITIONS OF APPROVAL: 1. The garage shall be blue to match the home and the Marina environment. 2. No additional structures shall be constructed on the site. 3. Comments from the review agencies on the St. Croix Riverway shall be considered for the project. 4. The existing shed shall be torn down before the garage is used. 5. No non - residential commercial activity shall take place on the site. RECOMMENDATION: Approval. FINDINGS: The granting of this variance will be in harmony with the purpose and intent of the Zoning Ordinance and Bluffland /Shoreland Ordinance. The character and use of adjoining land and buildings will not be impacted. • ATTACHMENTS: - Application Form. - Site Plan. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. CASE NUMBER PLANNING Street Location of Property: Legal Description of Proper Owner: Name __. tw-,ic_ Address __1/276__.4.1 Applicant (if other than ow Address Typo of Request:. ___ Re - Sp - V Description of Request; ___ Case Number el',�`� /6 05 Fee Paid Date Filed ADMINISTRATIVE FORM 428 E AkteR. y= Phone: Vo 2040 er): Name Phone: oning ___ Approval of Preliminary Plat cial Use Permit ___ Approval of Final Plat riance ___ Other Sig Date of Public Hearing: NOTE: Sketch of proposed pro Cached, showing the fol 1. North direct 2. Location of 3. Dimensions 4. Dimensions 5. Street name 6. Location of 7. Other info ature of Applicant:' Approved ___ Denied ___ subject to the following co Approved ___ Denied __� •y the Council on subject to the following conditions: erty and structure to be drawn.on back of this form or at- owing: on. proposed structure on lot. f front and side set- backs. f proposed structure. adjacent existing buildings. ation as may be requested. 4 3 y the Planning Commission on ditions: Comments; (Use other side PLANNING APPLICATION REVIEW CASE NO. SUB/91 -25 Planning Commission Meeting: May 13, 1991 Project Location: Off of Eagle Ridge Trail next to McKusick Lake. Comprehensive Plan District: Residential Zoning District: RA, Single Family Residential, FP Flood Plain Applicant's Name: Tim Nolde, ANCHOAYPRO, Inc. Type of Application: Subdivision - Five Lots. PLANNING REVIEW Request to subdivide 29.5 acre lot into five parcels. DISCUSSION: The request is to subdivide the 29.5 acre parcel into five lots of areas indicated below. Lot 1 - 19,625 square feet above the 100 year flood plain elevation (FPE). Lot 2 - 14,380 square feet FPE, Lot 3 - 18,210 square feet FPE, Lot 4 - 24,369 Square feet FPE. Lot 5 - 35,690 square feet FPE. Total area: 112,265 square feet. The lands below the regulated flood elevation do not count toward the developable land area requirement for subdivisions. The 100 year flood elevation is indicated on the preliminary plat along with general site topography. A grading plan or utility plan has not been submitted for review but will have to be prepared and approved before final plat approval. Much of the parcel is within the McKusick Lake wetland. This area should be preserved in its natural condition by controlling grading and vegetation cutting. The site is zoned RA, Single Family Residential. The minimum lot area requested is 10,000 square feet with lot width of 75 feet and lot depth of 100 feet. The proposed subdivision meets the zoning lot area and dimensional requirements. The City's park dedication policy requires that for this size project, 8% of the land area be dedicated for parks. 8% of the developable area equals 9,000 square feet. The Park Board has previously indicated they would like to provide a pathway along the old street car line (Outlot A) around McKusick Lake to the north. This subdivision proposal will be brought to the Park Board for their review of the parks dedication before final platting. ,„ .50 • ENGINEERS ARCHITECTS 1 PLANNERS May 8, 1991 3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612 490 -2000 RE: STILLWATER, MINNESOTA PLANNING CASE REVIEW GREEN TWIG WAY SUB NO. 9125 SEH FILE NO. 89114 Mr. Steve Russell Community Development Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Russell: We have reviewed the preliminary plan for Green Twig Way as requested in your memorandum dated May 3, 1991. There is a trunk sanitary sewer which crosses their proposed cul- de -sac roadway which may be used for sanitary sewer service. This will require excavating to the existing pipe and constructing a manhole over the pipe. There is sufficient depth to serve the lots in the preliminary plat, providing a grading as not substantially lowered from the existing contours. There is a 12" watermain inplace in Eagle Ridge Trail. It will require excavating in Eagle Ridge Trail and replacing the surfacing and base construction in kind. City requirements are for the developer to submit a preliminary plan for utilities and site grading for approval by the City. We cannot address erosion control and erosion control costs at this time until a preliminary site grading plan is received. It appears that the property can be served by public utilities and roadway access, as stated above. It appears there are no unusual conditions for this development. If you have any further questions, please do not hesitate to contact me at 490 -2016. REM /wrc SHORT ELLIOTT HENDRICKSON INC. ST. PAUL, MINNESOTA Sincerely, \J LS4/ Richard E. Moore, City Engineer P.E. CHIPPEWA FALLS, WISCONSIN The proposal has been reviewed by the City Engineer who indicated in his letter of review (attached) that detailed, grading, erosion control and utility plans must be submitted to complete review of the site but that utiltie4s are available in the area. FINDINGS: The single family subdivision as proposed and conditioned is consistent with the City Comprehensive Plan, Zoning Ordinance, Flood Plain regulations and Subdivision Requirements. RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: 1 A grading plan indicating building envelopes and the lowest habitable flood elevation for each lot shall be submitted before final final plat approval. 2. A pathway as finally determined by the Park Board shall be dedicated for such use to the City before final plat approval. 3. A street construction and utility plan shall be approved and constructed before final plat approval. 4. All building envelopes shall be setback a minimum of 25 feet for the flood plain level. 5. A grading permit, including erosion control provisions, shall be obtained before any construction begins. 6. The vegetative area below the rear setback shall not be disturbed. 7. A deed restriction shall be placed on the lot, maintaining the natural character of the Flood Plain and setback area adjacent to McKusick Lake. ATTACHMENTS: - Application - Preliminary Plat. PLANNING COMMISSION ACTION: Approval as conditioned. ADDITIONAL INFORMATION: The Parks Board reviewed the subdivision request in regard to park dedication requirements and recommend that a twenty foot pathway easement be provided by the developer to the City along the old street car line, Outlot A, to Meadowlark Lane and then running along the west project boundary adjacent to Outlot Z to Outlot I, over Parcel 1. The Board has previously mentioned a need for a pathway around this part of McKusick Lake. CASE NUMBER PLANNING Street Location of Property:0 Legal Description of Property: Owner: Name 1ltic`&0 €-/ Address-3 L Case Number Fee Paid _ -22rry -10 Date Filed � L`L. DMINISTRATIVE FORM ,gtG 1L 4/46.6_ / (2L/ L d 4-41 al)/ 7 o,' -,-4' /(‘ s, e-, Cr7 20 , co /moo .ei¢I / / 7/'� AO ST Applicant (if other than owner : Name Address Typo of Request:. ___ Rezo Spoci Vari Description of Request; _12f ing 1 Use Permit nce Phone: 3S - Phone: _2S Approval of Preliminary Plat ___ Approval of Final Plat Other Ov 7-Lo7 oN i ,f-Cocrf Signs ure of Applicant: • Date of Public Hearing: (66(e. 7 • NOTE: Sketch of proposed propert tacbed, showing the follow ng: 1. North direction 2. Location of pr 3. Dimensions of 4. Dimensions of 5. Street names. 6. Location, of adj 7. Other informati and structure to be drawn.on back of this form or at- Approved ___ Denied ___ by subject to the following condi Approved ___ Denied ___ by following conditions: Comments: (Use other side), posed structure on lot. ont and side set - backs. roposed structure. cent existing buildings. n as may be requested. he Planning Commission on (date) ions: he Council on subject to the 100 Case Number Fee Paid Date Filed i/ 2' _ �. _7o U� PLANNING ADMINISTRATIVE FORM Street Location of Property: fgoo2E s-0 1-kmyek Legal Description of Property: dots 10471 ,E ehtibm E al FT -K IJ7 -Jo W1�/NS Owner: Ncrne __ Te.Cry -0■evilotAYrv-e-- Address 5/l L/ Pm/25_, (S.j7L1LV1? '?phone: Applicant (if other than owner): Name Address .ADD 3RD "mg; X39 —P7?? Type of Request:- ___ Rezoning Special Use Permit X_ Variance Description of Request: pm rieonIT" F/ o/JY ro,_et Phone: • ApprovaI'of Preliminary Plat Approval of Final. Plat Other 4 bir /oAf Signature of Applicant: _ Date of Public Hearing: •NOTE: Sketch of proposed property and structure to be drawn )n back of this 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. Q \J P e•: tit C• , � • D Approved ___ Denied ___ by the.Ptanning Commission onL`a ' (date) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Usa other side) • •ONE NO. STATE OF DEPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Rd., St. Paul, MN 55106 772 -7910 FILE NO. May 9, 1991 Mr. Steve Russell City of Stillwater 216 North Fourth Stillwater, Minnesota 55082 RE: Proposed Subdivision Kenneth Seefert /Douglas Vollmer Variance Dear Mr. Russell: Thank you for sending a_ copy of : the .,.proposed subdivision of property adjacent to Highway 96. The DNR does not have to formally certify this subdivision, because under the current rules, a subdivision is division of property into three.or more lots. We do, however, have some concerns about this property due to slope conditions. I have visited parcel B, and have seen parcel A from parcel B. Neither parcel contains very much land which is less than 12% slope. The slopes would not be considered blufflines, since the property is screened by topography from the river. Variances would undoubtedly be needed for structures, and possibly septic systems, given the slope conditions. Hardship would be extremely difficult to demonstrate, since the problem is created by the landowner. Section 701.01 of the bluffland model code prohibits subdivision of land which has, among other things, "unfavorable topography ". If the property is allowed to be subdivided, and subsequent property owners apply for a variance to build on a 12% or greater slope, it is questionable whether the variance could be granted due to the self- created hardship issue. The DNR has no comment on the accessory structure variance for Douglas Vollmer on Alder Street, since it is a variance to local ordinance. Our only concern would be if the 20% impervious surface coverage limitation is exceeded. If you have any questions, please contact me at 772 -7910. Sincerely, Molly ' . Shodeen Area Hydrologist MCS5003 /CL cc: Sandy Fecht Dan McGuiness Ken Seefert AN EQUAL OPPORTUNITY EMPLOYER illwater THE BIRTHPLACE OF MINNESOTA -''''') MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 31, 1991 SUBJECT: MODIFICATION TO FINAL PLAT APPROVAL FOR NINETEEN LOT SUBDIVISION - FOREST RIDGE ADDITION. ROSE FLORAL, APPLICANT. BACKGROUND: The Forest Ridge Addition final plat was approved by the City Council on October 2, 1990. This request is to eliminate the western half of East Ridge Court from the plat. The City has a road easement over the half of the road that would be eliminated from the plat. The attached letter from the subdivider indicates the conditions of of final plat approval will be met. RECOMMENDATION: Approval of revised final plat. ATTACHMENT: - Revised Plat. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 ROSE FLORAL & GREENHOUSE May 2 9, 1991 1321 South Fifth Street • Stillwater, MN 55082 612- 439 -3765 Mr. Steve Russell Community Development Director Stillwater City Hall Stillwater, MN 55082 Dear Mr. Russell This letter is to confirm our commitment to comply with the conditions of approval which apply to the first phase of the Forest Ridge Planned Unit Development. It is our understanding that the park dedication requirement must be completed, as well as a fence and green belt installed along the commercial perimeter. In addition, we will furnish a landscape plan, as well as any other information which will be required. These requirements will be met as soon as the plat for this development can be recorded. Sincerely L U Eawrence Rose Rose Floral & Greenhouse Greenhouse Fresh Flowers and Plants iliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 31, 1991 SUBJECT: FINAL PLAT APPROVAL FOR OAK GLEN 15TH ADDITION - FOURTEEN LOTS (SUB /91 -31) The request is for Final Plat Approval for the Oak Glen 15th. Addition plat. The lots meet the Single Family Residential Zoning Requirements ranging in size from approximately 14,200 square feet to 20,100 square feet (10,000 required). The streets and utilities are in and the City Engineer and City Departments are reviewing improvement plans. RECOMMENDATION: Approval. CONDITIONS OF APPROVAL: 1. All comments from the City Engineer or City Departments shall be incorporated into the final plat before recording. ATTACHMENT: Subdivision Plan. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121 illwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 31, 1991 SUBJECT: FINAL PLAT APPROVAL FOR OAK GLEN 14TH ADDITION - TWENTY NINE LOTS (SUB /91 -30) The request is for Final Plat Approval for the Oak Glen 14th Addition plat. The lots meet the Single Family Residential Zoning Requirements ranging in size from approximately 13,000 square feet to 28,000 square feet (10,000 required). The streets and utilities are in and the City Engineer and City Departments and City Departments are reviewing improvement plans. RECOMMENDATION: Approval. CONDITIONS OF APPROVAL: 1. All comments from the City Engineer or City Departments shall be incorporated into the final plat before recording. ATTACHMENT: Subdivision Plan. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 RESOLUTION NO. DECLARATION OF FINANCING FOR S.A.P. 169 - 104 -06 and S.A.P. 169- 106 -04 WEST MYRTLE STREET FROM MAIN STREET TO WEST OF THIRD STREET NORTH SECOND STREET FROM CHESTNUT STREET TO MULBERRY STREET WHEREAS, the City of Stillwater wishes to enter into a contract with Johnson Brothers Corporation to construct S.A.P. 169- 104 -06 and S.A.P. 169 - 106 -04; and WHEREAS, the City of :Stillwater has requested variances for right -of -way width stated as Resolution No. 91 -101; and WHEREAS, a procedural variance is required by the City in order to award the contract for the street construction projects before being approved by the State Aid Engineer; and WHEREAS, the Variance Committee will not review this request until the end of June, 1991; and WHEREAS, the City of Stillwater feels it imperative to begin construction earlier for the welfare of the City; NOW, THEREFORE, be it resolved, that the City Council of the City of Stillwater will cause these two projects to be financed with City funds until resolution of the variances at which time the City of Stillwater intends to use MSA funds to pay for the project. ADOPTED BY THE CITY COUNCIL OF THE CITY OF STILLWATER THIS 4TH DAY OF JUNE, 1991. Wallace L. Abrahamson, Mayor ATTEST: Mary Lou Johnson, City Clerk doile•V THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 4, 1991 SUBJECT: AWARD OF BID FOR PHASE I DOWNTOWN CONSTRUCTION BACKGROUND At the Council meeting of April 2, 1991, the Council.decided to include the base bid ($4,579,818.85) and Alternate I, Shoebox Street lights, ($89,360.00) in the bid award for Phase I Downtown Improvements. At that meeting, the Council directed that two additional parking lots, lot north of Lowell Inn and North Main Lot be added to the project. Also, since the bid documents were prepared, additional water services (fire sprinklers) • and sewer stubs have been added to make sure sanitary sewer separation can be completed. In addition to the above bid costs, undergrounding utilities, cost $512,000, engineering fees of $500,000 and $250,000 is set aside for contingency. The attached table indicates the estimated project costs and financing. These figures will vary somewhat dependent on necessary changes and unexpected conditions. All of these changes will be brought back to the Council for approval. RECOMMENDATION: Award base bid and Alternative 1 to Johnson Brothers, Inc. and direct City Engineer to prepare a change order and supplemental agreement to contract. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439 -6121 owe �a w� min r^d�.r�n -� �' �✓�� �--� r5-7f ,4 l S e,e/f"L, li �s 89;36a6' y ti5P 5777 o00 144/1A. p�4ny6fs 1//!01 tivt4 / $ 76,3 co-e/( L.vv 4 /oo a 4-died 5-ewiA,S174&J &31,0Pad " (NIP, Skids 0-60,3.m C6r! ./nor � 0 �' 2-5 Opp 13Argo • W777 • • /Ogg ei 7 2-z2 - 00 o- 0 o 3s� 00 v /7ao /000 1` /r= 7r- 3a00//0, /0 iiivvater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR F DATE: MAY 31, 1991 SUBJECT: AWARD BID FOR PHASE I DOWNTOWN IMPROVEMENT (LI- 257). With the approval of the cooperative agreement with MnDOT for construction of Highway 95, the bid for downtown improvement can be awarded to Johnson Brothers Construction, Inc., the low project bidder. The City Engineer will have the details of the award at meeting time. RECOMMENDATION: Approve resolution awarding the bid, as modified per Council direction, to Johnson Brothers Construction, Inc. ATTACHMENT: Bid results. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439-6121 BID TABULATION 2 0 0 RICE LAKE CONTRACTING ARCOU CONSTRUCTION C.S. McCROSSAN ENGINEERS ESTIMATE SEN FILE N0: 89255.01 z J I O H ; W 4C • i d j O W OC r- n P O N W O N ▪ td N co Lo CD - 0 m .N-1 M CO r CO N e M C • N CO N C O O O • CO CO ▪ O tOD 1.17 M CO • CO M M ▪ CO r °O r- CO • co 2 CD 07 g CO 0.1 • V CO N ✓ N M M m m m O N Of IN- m m ^j s ■ ���vater. THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 31, 1991 SUBJECT: COORDINATION OF SECOND STREET PARKING LOT AND UNDERGROUND UTILITIES WITH LOWELL INN. At the Council meeting of May 21, 1991, the Council directed Staff to work with the Lowell Inn on coordinating the construction of the parking lot between the Lowell Inn and Rivertown Commons. A portion of the lot is owned by the Lowell Inn, a portion is owned by Rivertown Commons, and the center portion is owned by the City. Also, the owners of the Lowell Inn have asked that two utility poles along North Second Street in front of the Lowell Inn be removed and the utility lines be undergrounded and that specialty paving be used in front of the Inn at their cost. City Staff, Planner, and Engineer met with Chuck MacFarlane, NSP, and Art Palmer regarding the improvements. The two utility poles along North Second Street could be removed and lines undergrounded for $7,500 - $9,500. Besides the Lowell Inn, the Old Post Office Building is serviced by these lines. The Old Post Office service would be moved to the alley between Main and Second Streets. The Lowell Inn would be serviced from a new ground mounted transformer located just north of the Lowell Inn in their parking lot. The new street lights along Second Street are not "fed" from this line. There would be no additional cost to the City for this improvement. Mr. Palmer would like the City to add the undergrounding cost, $7,500 - $9,500, to his assessment for the Downtown improvement. This would be done after project construction is completed (Fall 1991). The parking lot between the Lowell Inn and Rivertown Commons is scheduled for improvement. The City is trying to coordinate the City lot improvements (39 spaces) with Rivertown Commons lot improvement (8 spaces) and Lowell Inn improvements (30 spaces). As a part of the project, the City would prepare the entire site-for parking, grading /drainage and the City, Lowell Inn and Rivertown Commons would pay their respective costs for parking lot paving and marking. At meeting time, a cost breakdown will be provided for Council review. Beyond the improvements, the Lowell Inn is willing to exchange use of a 100 ft. by 120 ft. lot across Second Street (next to the new City parking lot) for use of a 26+ foot area (12 parking spaces) just north of the garage. The Lowell Inn has previously leased this land from the Water Department and the City for parking. The exchange of parking area would be based on land area and parking spaces provided. It is estimated that the vacant lot on the east side of North Second Street could provide 18 to 20 spaces. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 iPage Two The owner of the Lowell Inn would like permission for the City to pave the sidewalk in front of the Lowell Inn with specialty paving similar to the existing entryway. This could take place at anytime since the sidewalk in front of the Lowell Inn will not be replaced. RECOMMENDATION: Agree to: - Enter into an agreement with the Lowell Inn to assess the owner the cost of undergrounding two utility poles along North Second Street. - Enter into a year to year agreement to exchange use of land for parking spaces on a space to space basis. - Allow Lowell Inn owner to pave the sidewalk in front of the Inn with specialty paving (owner to coordinate). - Agree to cost sharing figures for parking lot improvement (provided at meeting time by City Engineer). M E M O R A N D U M TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: June 4, 1991 RE: CONTINUATION OF NEW PARKING LOT BETWEEN LOWELL INN AND RIVERTOWN COMMONS You received a staff report regarding the improvement of the parking lot between the Lowell Inn and RivertownCommons as an agenda item for this meeting. At the time of its writing, cost figures were not available regarding cost sharing between the City, Lowell Inn and Rivertown Commons. The City of Stillwater will prepare the total site including grading and drainage work (TIF eligible costs) and pave the City lot. The Lowell Inn and Rivertown Commons will pave their section of the lot (not TIF eligible). Costs are listed below and attached: City cost for lot improvement Lowell Inn cost Rivertown Commons cost • $63,168.95 $13,739.70 $ 6,635.85 • LOWELL INN /RIVERVIEW COMMONS /CITY PARKING LOT ENGINEER'S ESTIMATE ITEM CITY LOWELL INN PARKING LOT PARKING LOT UNIT PRICE QTY. COST QTY. COST • FILE 990019 REV. 6/5/91 RIVERVIEW COMMONS TOTAL PARKING LOT QTY. COST QTY. COST CLEARING TREE 45.00 GRUBBING TREE 45.00 REMOVE CONCRETE CURB L.P. 1.00 REMOVE CONCRETE PAVEMENT S.Y. 4.00 REMOVE CONCRETE SIDEWALK S.Y. 4.00 REMOVE BITUMINOUS PAVEMENT S.Y. 4.00 *REMOVE FENCE L.F. 7.50 *REMOVE RETAINING WALL S.P. 4.00 *RELOCATE SIGN EACH 500.00 COMMON EXCAVATION C.Y. 6.00 *CONST. C.B. OVER EX. ST. SEWER L.F. 100.00 CASTING NO. R -3250 EACH 300.00 *CONSTRUCT RETAINING WALL S.F. 5.00 *LANDSCAPING L.S. 9000.00 4" CONCRETE SIDEWALK S.F. 2.00 *SERVICE CONNECTION EACH 1500.00 1 -1/2" PVC CONDUIT L.F. 2.60 CABLE L.F. 4.05 150 WATT H.P.S. LIGHT EACH 1155.00 CONCRETE SIDEWALK S.P. 2.00 CONCRETE CURB 4 GUTTER 8612 L.F. 5.30 CLASS 5 AGGREGATE TON 10.00 2341 BITUMINOUS WEAR COURSE TON 25.00 BIT. MATERIAL FOR TACK COAT GAL. 1.00 *PRECAST CONCRETE WHEEL STOP EACH 60.00 4" PAVEMENT MAKING STRIPE L.P. 0.70 SIGNING S.F. 17.00 SIGN POST EACH 64.00 SUBTOTAL 30% ENG., ADMIN., LEGAL TOTAL: 4 180.00 I 0.00 I 1 45.00 4 180.00 I 0.00 I 1 45.00 I 46 46.00 I 63 63.00 I 25 25.00 I 253 1012.00 I 0.00 I 28 112.00 I 23 92.00 I 0.00 I 22 88.00 I 630 2520.00 I 610 2440.00 I 100 400.00 I 0.00 I 55 412.50 I 0.00 I 65 260.00 I 0.00 I 0.00 I 0.00 I 0.00 I 1 500.00 I 310 1860.00 I 490 2940.00 I 20 120.00 I 0.00 I 0.00 I 8.1 810.00 I 0.00 I 0.00 I 1 300.00 I 275 1375.00 I 0.00 I 0.00 I 0.57 5130.00 I 0.32 2880.00 I 0.11 990.00 I 650 1300.00 I 0.00 I 0.00 I 0.00 I 1 1500.00 I 0.00 I 250 650.00 I 200 520.00 I 50 130.00 I 250 1012.50 I 200 810.00 I 50 202.50 I 1 1155.00 I 2 2310.00 I 1 1155.00 I 200 400.00 I 0.00 I 50 100.00 I 190 1007.00 I 350 1855.00 I 215 1139.50 I 535 5350.00 I 315 3150.00 I 91 910.00 I 280 7000.00 I 160 4000.00 I 46 1150.00 I 80 80.00 I 48 48.00 I 14 14.00 I 0.00 I 18 1080.00 I o.00 I 1050 735.00 I 550 385.00 I 130 91.00 I 5 85.00 I 3 51.00 I 0.00 I 1 64.00 I 0.00 I 0.00 I I I I $31,493.50 I 9,448.05 $40,941.55 $24,444.50 7,333.35 $31,777.85 58,327.00 2,498.10 $10,825.10 5 225.00 5 225.00 134 134.00 281 1124.00 45 180.00 1340 5360.00 55 412.50 65 260.00 1 500.00 820 4920.00 8.1 810.00 1 300.00 275 1375.00 1.0 9000.00 650 1300.00 1 1500.00 500 1300.00 500 2025.00 4 4620.00 250 500.00 755 4001.50 941 9410.00 486 12150.00 142 142.00 18 1080.00 1730 1211.00 8 136.00 1 64.00 $64,265.00 19.279.50 883,544.50 LOWELL INN PARKING LOT FILE: 90019 T.I.F. FUNDS ESTIMATE DATE:. 6/5/91 ITEM LOWELL INN PARKING LOT UNIT PRICE QTY. COST REMOVE CONCRETE CURB L.F. 1.00 63 63.00 REMOVE BITUMINOUS PAVEMENT S.Y. 4.00 610 2440.00 REMOVE FENCE L.F. 7.50 55 412.50 COMMON EXCAVATION C.Y. 6.00 490 2940.00 LANDSCAPING L.S. 9000.00 0.32 2880.00 SERVICE CONNECTION EACH 1500.00 1 1500.00 1 -1/2" PVC CONDUIT L.F. 2.60 200 520.00 CABLE L.F. 4.05 200 810.00 150 WATT H.P.S. LIGHT EACH 1155.00 2 2310.00 SUBTOTAL: 30% ENG., ADMIN., LEGAL $13,875.50 4162.65 TOTAL: $18,038.15 • RIVERVIEW COMMONS PARKING LOT FILE: 90019 T.I.F. FUNDS ESTIMATE DATE: 6/5/91 ITEM RIVERVIEW COMMONS PARKING LOT UNIT PRICE QTY. COST REMOVE CONCRETE CURB L.F. 1.00 25 25.00 REMOVE CONCRETE PAVEMENT S.Y. 4.00 28 112.00 REMOVE BITUMINOUS PAVEMENT S.Y. 4.00 100 400.00 REMOVE CONCRETE SIDEWALK S.Y. 4.00 22 88.00 COMMON EXCAVATION C.Y. 6.00 20 120.00 LANDSCAPING L.S. 9000.00 0.11 990.00 1 -1/2" PVC CONDUIT L.F. 2.60 50 130.00 CABLE L.F. 4.05 50 202.50 150 WATT H.P.S. LIGHT EACH 1155.00 1 1155.00 SUBTOTAL: 30% ENG., ADMIN., LEGAL $3,222.50 966.75 TOTAL: $4,189.25 • BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 • BOARD MEMBERS: DENNIS McKEAN DON JAHNKE, President Secretary/Manager JOHN L. JEWELL JAMES WEAVER • Yay 28, 1991 Nile Kriesel 216 North Fourth Street Stillwater, Minnesota 55082 Dear Nile, Because of increased traffic, excessive speed, and many young children in this area, the Water Department requests "NCLTHRU TF FFIC" signs for their driveway at both Third and Fourth Street entrances. The ;dater Department will accept any charges for these two (2) signs. Sincerely, ennis McKean • • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 91 -104 Abrahamson Nurseries Assn. Nonsmokers of Mn. Beberg, Donald Bell, Timothy Bryan Rock Products Consolidated Plastics Courier, The Deblon, Diane Earl F. Andersen Equipment Supply Inc. Fuhr Trenching Glaser, Paul Home Decorating Center Hometown Futures Jim's Building Mte. Jim Hatch Sales Company Lind, Leslie & Gladys Magnuson, David Metropolitan Waste Control Commiss ion MII, Inc. Mn. Cellular One Northern States Power Co. Northern States Power Co. Nasvik, Joseph E. Oxygen Service Company, Inc. Park Seed Company Peterson Seed Company Police Institute Prudent Publishing Company Roettger Welding St. Croix Recreation Snap on Tools Sti11H2O, Inc. Short Elliott Hendrickson Inc MANUAL CHECKS - MAY Blue Cross /Blue Shield Commissioner of Revenue Driver & Vehicle Services Esteban's Explorer Post #521 Government Training Service Government Training Service 3 Bags Potting Soil No Smoking Signs Reimburse - Meals Reimburse - Meals Crushed Rock Naigene Bottles Publications Health Insurance Signs Repair Air Conditioning Poplar Street Boiler Engineer Paint Seminar - Russell /Funke May Services 5 Push Brooms Land Purchase Legal Services May SAC Charge Term Life Insurance Mobile Phone Energy Charges Street Lighting /Arena Repair South Main Steps Rental Tank Seeds Grass Seed Classes - Beberg /Bell Christmas Cards Welding- Street Light 3 Control Valves Replacement Tools /Equip. Pump Pit at Garage . Engineering $ 13.47 28.00 12.95 18.92 108.05 65.71 60.00 219.23 171.90 592.57 1,500.00 200.00 44.54 100.00 726.60 54.16 927.00 7,640.00 8,330.85 998.46 16.94 6,084.48 10,292.68 529.10 4.50 45.90 93.75 80.00 138.44 40.00 113.00 514.89 80.00 11,369.76 May Billing 3,163.90 Sales Tax - April 479.81 6 License Plates 18.00 NSF Check -Patin 50.00 Donation- Radeunz 10.00 Safety Workshop 30.00 Safety Workshop 195.00 Junker Sanitation Service League of Mn. Cities Postmaster Prime Site Inc. Stafford, R. H. County Treas. Stafford, R. H. County Treas. Viers, Larry J. ADDENDUM TO BILLS Beberg, Byrdie The Connection Courier, The Croix Oil Company Dorsey & Whitney Glacier Park Company Goodwill Industries, Inc. Gun N Smith Klosowsky, Bruce Mn. Cellular One Northern States Power Co. Northwestern Tire & Battery Reliable Corporation Reliable Radiator Repair St. Paul, City of Short Elliott Hendrickson Stefan Associates Wayside Gardens Wybrite, Inc. May Payment 70,383.20 League Conference 1,295.00 Postage for Meter 1,000.00 Land Purchase- Armory 266,062.00 Taxes - Armory 2,718.10 Record 3 Cases 30.00 Reimburse Fire School 85.00 Typing Listing Publications Oil Legal Services Lease ADC Jan., Feb., March Buck Shot Meals Mobile Phone Energy Charge Service Call Toner Radiator Repairs Labor /Parts -Fire Truck Engineering Graphics Roses Maintenance Agreement Adopted by the Council this 4th day of June, 1991. APPROVED FOR PAYMENT 315.00 650.00 121.50 198.35 2,978.75 5,315.00 1,820.25 23.66 6.35 6.09 284.88 174.88 131.13 25.00 245.60 4,137.68 80.00 151.51 158.00 CONTRACTORS APPLICATIONS June 4, 1991 Vern Craven Concrete Masonry & Brick Work New 2788 Granada Ave. No. Oakdale, Mn. 55128 Jack Hogberg Painting Renewal 211 No. 7th Street Bayport, Mn. 55003 North Shore Construction General Contractor New 2501 Lake Ave. White Bear Lake, Mn. 55110 Olson's Sewer Service, Inc. Excavators Renewal 17638 Lyons Street Forest Lake, Mn. 55025 Rossbach Construction General Contractor Renewal 2578 7th Ave. E. No. St. Paul, Mn. 55109 St. Croix Tree Service Tree Trimmers Renewal 943 120th Street Roberts, Wi 54023 Swanson & Youngdale, Inc. Painting New 6565 W. 23rd Street P.O. Box 26070 Minneapolis, Mn. 55426 PETER M. ROSENE THOMAS R. HAUGRUD BENNETT C. ROSENE' SUSAN L. ENGEL ANDREW E. STAAB KAREN A. THALHAMMER LINDA L. FISCHER LEGAL ASSISTANT ROSENE & HAUGRUD CHARTERED ATTORNEYS AT LAW SUITE 1250, CAPITAL CENTRE 386 NORTH WABASHA STREET ST. PAUL, MINNESOTA 55102 -1300 TELEPHONE: (612) 227 -6621 TELEFACSIMILE: (612) 297-6642 Mr. Charles Swanson Washington County Administrator Washington County Courthouse 14900 - 61st Street North STILLWATER MINNESOTA 55082 May 28, 1991 Mr. Nile Kriesel Coordinator, City of Stillwater 216 North Fourth Street STILLWATER MINNESOTA 55082 Re: Notice of Claim pursuant to Minn. Stat. § 466.05 Our Client: Rebecca L. Fischer Date of Incident: December 1, 1990 Location of Incident: MuKusik Road, City of Stillwater Our File No. 2717 • Dear Messrs. Swanson and Kriesel: I <am writing on behalf of our client, Rebecca L. Fischer, with respect to personal injuries she sustained as a passenger in a one vehicle accident on MuKusik Road in the City of Stillwater on December 1, 1990. The purpose of this letter is to provide the governing bodies of Washington County and the City of Stillwater with notice of a potential claim against them by Ms. Fischer for their negligence in failing to exercise reasonable care in keeping MuKusik in a reasonably safe condition for motor vehicle traffic. Enclosed for your information please find a copy of the official State of Minnesota Department of Public Safety Traffic Accident Report which describes the time, place and circumstances of Ms. Fischer's claim. As the result of this accident, Ms. Fischer sustained multiple injuries including multiple jaw and finger fractures, chipped and cracked teeth, a chipped shoulder bone, contusions and the likelihood of permanent scaring. Because Ms. Fischer is still recovering from her injuries, the nature and extent of the economic and non - economic damages to her as a result of this accident are still being evaluated by our office. State of Minnesota Department of Transportation information reveals that seven accidents have occurred on this stretch of MuKusik Road between November 21, 1986 and December 1, 1990. Four of these seven accidents, including the accident which is the subject of Ms. Fischer's claim, involved vehicle roll overs. At this time our investigation and analysis of potential city /county liability is focused upon: Mr. Charles Swanson Mr. Nile Kriesel Re: Our Client: Rebe May 28, 1991 Page 2 1. The absence embankment where the and; 2. Improper ro maintenance of roadwa to drain onto, puddle Although we are personal injury clai have obtained regard physical injuries and If you have any matter, please contact BCR:dcf Enclosure cc: Rebecca L. Fische Richard Arney David T. Magnuson 1 -rf -cs bdf bcr ca L. Fischer of a guard rail to protect vehicles from the subject car went off the road and rolled over, d maintenance and /or improper design and drainage facilities which allowed thawing snow nd re- freeze on the roadway. still in the process of evaluating Ms. Fischer's s, we will provide you with any information we ing the nature and extent of Ms. Fischer's Medical expenses upon request. questions or desire further information in this the undersigned at your convenience. Very truly yours, ROSENE & HAUGRUD, CHARTERED C---_ Bennett C. Rosene Attorney at Law • PS 3759, 04 (7 87) • U LOCAL CA:A. NO. /0!L...3 NIH DAY YEAR STATE OF MINNESOTA - DEPARTMENT OF PUBLIC SAFELY TRAFFIC ACCIDENT REPORT (FOR POLICE USE ONLY AS REO. BY STATUTE) PAGE OF.1.__ NO YETIS NO KILLED NO INJUR. HIT -RUN ATTENO I UNATTENO. n n DAZE. OF ACCIDENT ROUTE /^SYST/EM ON e J•• ROUTE NUMBER OR 5111(1 1 (TAME f� �S/ c DAY 01 WEEK REFERENCE P0111 INT. ELEM. PUBLIC PROP DAM IIMEAM I I PM U) COUNTY AT I I INTERSECTION WITH UNIT NO. I - VEHICLE 1 ON BRIDGE 0 P1101O5 L'J TAKEN ROUTE SYS. 7 ( � Y — 1 . "J `...- Z.�f�,' 1-- •..- rye' "i UNIT NO. 2 - f . VEH 2 `_.2 PED I.: DIKE OR I I MILES I I N 1.: OF FEET 1.1 S I) W ■ - 110015 . STREET NAME. CITY LIMITS. REF. POS1. OR FEATURE FOR DPS USE ONLY PART I • STATE CO 14 i 4 5 01111111/ LICENSE NUMBER . 1 -/ FIRST NAME MIDDLE LAST A 1 , / yT 1f 1 +'`J /— L.l� ✓'.. C C..i ;' CA../`J C.� - I U 4E11 AND STREET ICUNRENTj • —78 C is CITY i STAJE 21P CODE ' • / t :-' DATE OF BIRTH I SEX LIC. UNDER WRONG OIL WITHDRAWAL ADDRESS FIRST NAME OWNER • 1 MIDDLE STATE Z. %Y�, RESTRICTIONS CLASS COMPLIED WITH /, El CO D R V E R DRIVER LICENSE NUMBER • j FIRST NAME STATE „°' • MIDDLE LAST NUMBER AND 51REEI ICURREN I) 15 HY STATE ZIP CODE DATE OF BIRTH / / SEX LIC. UNDER WITHDRAWAL 0 WRONG D1L ADDRESS 0 RESTRICTIONS COMPLIED WITH 0 CLASS 16 LAST NUMBER AND STREET CITY STATE ZIP CODE 0 W N E R FIRST NAME OWNER- 2 2 MIDDLE LAST 11 NUMBER AND S).NEET CITY STATE ZIP CODE 1E VEHICLE TYPE li 0 YEAR AND VEHICLE MAKE Cr( H A VEHICLE MODEL 1e'L.T r/ 1 COLOR LICENSE PLATE NO. YEAR - INSURANCE CO: STATE OF ISSUE /4y NO. OCCUP -? F1RE INVOLVED 13 VEHICLE TOY /ED D V E H ) L E VEHICLE TYPE r YEAR AND VEHICLE MAKE LICENSE PLATE NO. VEHICLE MODEL COLOR tE YEAR ISTATE OF SSUE I NO. OCCUP FIRE INVOLVED Y 2( VEHICLE TOWED INSURANCE CO: DAMAGED UNIT NUMBER 1 isr - r 1 ) EST. DOLLAR AMT. •gTOP�' OVER' UNDER i1 'Ip- OTO/A T-• S - ' UTE REO. 81 irJ ' • F $ 9 10 SLIGHT MODERATE SEVERE ❑ ❑ ICAIFE N YAR TD R H HAZARDOUS MATERIAL OR WASTE 13 REAR END 1— 4- 2 OVERTAKING t- EST DOLLAR AMOUNT COMBINED LEFT TURN 4 *— FF 110. LEFT OVER I UNDER STATUTE RIO. HAZARDOUS MATERIAL OH WASTE O DAMAGED UNIT NUMBER 2 2• J RIGHT TURN 5 1 RIGHT ANGLE 1 7) OFF P.D. RIGHT DESCRIPTION ' 11 12 13 jo 8J HEAD ON 11 SIDE SWIPE •%} 2 3 4 T 9TOP` {(_ 1 10 BOTTOM, T s SLIGHT MOOETIATE SEVERE 5 ❑ ❑ ESL DOLLAR AMT. OVER 1 U0DER STATUTE REO. c >? . .” C —G. -i /•s ,. 7-/ -a=:' /c.. 7-c.3 /,� ,/�' •'ICJ t, NAMES OF INJURED PERSONS/WITNESSES ADDRESS 24 27 TO HOSP. 48EZc.' ` -4' t ce /L3 / J. J y /TV t Sr . l W�rZ iC 4.4 I VA _5--� ��9<►C.I _ /Z.. F 3 3 3 4 Ji 5" ,3 3 RS RANK AND NAME 5I LING L• . d BADGE NO. BADGE NO. CITY ST /C.k•-•-•/?1.1`r CITY DEPARTMENT OR AGENCY RECOMMENDATIONS ❑ ❑ ❑ O ENGINEERING STATE PAT. SHER. OCA OTHER r I PHYSICAL DR. DEPARTMENT OR AGENCY . f"l ri 1 . T-1 !l OR FMAM DR • TYPE ACCIDENT COLLISION WITH 1 OTHER MOTOR VEHICLE 2 1101011 VEHICLE 01 OTHER ROADWAY 3 PARKED MOTOR VEHICLE 4 RAILROAD TRAIN 5 BICYCLIST 6 PLDESTRIAN 7 ANIMAL 8. FIXED OBJEC 9 OTHER OBJE NON - COLLISION 10. OVERTURN /1. FIREIEXPLOSI 12. SUBMERSION 90. OTHER' N LOCATION OF FIRST HAIIMFUL EVENT 1. ON THE ROADWAY (INCLUDE ALLEY, DRIVEWAY. ETC.) 2 OFF THE ROADWAY ON SHOULDER 7. OUTSIDE RIG T•OF-WAY 3 OFF THE ROADWAY ON MEDIAN 90. OTHER' 4 OFF THE ROADWAY ON ROADSIDE 5 PARKING LOT 6. PRIVATE PROPERTY LOCATION OF PEDESTRIAN OR BIKE ACCI 1. AT SCHOOL CROSSING DURING SCHOOL HOURS 2 AT INTERSECTION 3 NOT Al INTERSECTION RELATIONSHIP TO INTERSECTION 1. INTERCHANGE AREA 2 INTERSECTION 3. INTERSECTION • RELATED 4. ALLEY /DRIVEWAY ACCESS (OR RELATED TO) ENT 5. NON •JUNCTION FIXED OBJECT STRUCK 1. CONSTRUCTION BARRICADES( 11. CRASH CUSHION EQUIPMENT, ETC. 12. MEDIAN SAFETY BARRIER 2. TRAFFIC SIGNAL 13. BRIDGE /PIERS (INCLUDES 3. RR CROSSING DEVICE PROTECTIVE GUARDRAIL) 4. LIGHT POLE 14. OTHER GUARDRAIL 5. UTILITY POLE (TELEPHONE. ELECTRIC) t5. FENCING (NOT MEDIAN BARRIER) 6. SIGN STRUCTURE /POST 16. CULVERTIHEADWALL 7. MAILBOXES AND /OR POST 17. EMBANKMEN F /DITCH /CURB 8 OTHER POLES /POSTS'SUPPORTS. 18. BUILDING /WALL 9. FIRE HYDRANT/PARKING METER 19. ROCK OUTCROPS 10. TREE/SHRUBBERY 90. OTHER* TRAFFIC CONTROL DEVICE 1. NONE 9. SCHOOL ZONE SIGN 2. TRAFFIC SIGNALS 10. RR CROSSING GATES 3 OVERHEAD FLASHERS 11. RR CROSSING FLASHING LIGHTS 4 STOP SIGN • ALL APPROACHES 12. RR CROSSING STOP SIGNS 5. STOP SIGN • OTHER 13. RR CROSSING • OTHER 8. YIELD SIGN 14. NO PASSING ZONE 7. OFFICER/FLAGMAN/SCHOOL PATROL 90. OTHER* 8. SCHOOL BUS STOP ARM 1. DAYLIGHT 2. DAWN (MORNING) 3. DUSK (EVENING) 4. DARK • STREET LIGHTS ON LIGHT 5. DARK • SERE T LIGHTS OFF 6. DARK • NO STREET LIGHTS 90. OTHER' WEATHER/ATMOSPHERE 6. FOG /SMOG/SMOKE 7. BLOWING SAND, DUST OR SNOW B. SEVERE CROSS WINDS 90. OTHER. 1. CLEAR 2 CLOUDY 3. RAIN 4. SNOW 6. SLEET /HAIUFREEZING RAIN 1. DRY 2. WET 3. SNOW /SLUSH 4. ICE/PACKED SNOW ROAD SURFACE 5. MUDDY 6. OEBRIS 7. OILY 90. OTHER* ROAD WORK 1. NONE 2. IN CONSTRUCTION ZONE 3.1N MAINTENANCE WORK AREA 4. IN UTIUTY WORK AREA 1. STRAIGHT E LEVEL 2. STRAIGHT 6 GRADE 3. STRAIGHT AT HILLCREST 4. STRAIGHT IN SAG ROAD CHARACTER 6. CURVE S. LEVEL 6. CURVE 8 GRADE 7. CURVE AT H LLCREST 8. CURVE IN SAO ROAD DESIGN 1. FREEWAY (INCLUDE RAMPS) 5. 3 LANES UNDIVIDED 2. OTHER DIVIDED HIGHWAY 6. 2 LANES: 1 LANE EACH 3. ONE•WAY STREET WAY 4.44 LANES UNDIVIDED 7. ALLEYIDRIV (WAY 2.3 LANES EACH WAY 90. OTHER' SPEED LIMIT WITH MORE THAN ONE SPEED LIMIT AT THE ACCIDENT. CODE THE HIGHEST ONE. PRE•ACCIDENT ACTIONS /MANEUVERS BY VEHICLE: I GOING STRAIGHT AHEADIFOLLOWING ROADWAY 2 WRONG WAY INTO OPPOSING JRAFF IC 3 RIGHT TURN ON RED 4 LEFT TURN ON RED 5 MAKING RIGHT TUF1tI 6 MAKING LEFT TURN 7 MAKING U TURN 9 SIA11T1NG FROM PARKED 9 STARTING IN TRAFFIC 10 SLOWING IN TRAFFIC 11 STOPPED IN TRAFFIC 12. ENTERING PARKED POSITION 13. PARKED - LEGALLY 14 PARKED - ILLEGALLY 15 670101NG VEHICLE(OBJECTIPEDESTRIAN IN ROADWAY 16.100 NOT USE - NO LONGER VALID COOEI 17 CHANGING LANES 18 OVERTAKING /PASSING 19 MERGING 20 BACKING 2* STALLED VEHICLE 30. OTHER VEHICLE ACTION• STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY POLICE TRAFFIC ACCIDENT REPORT PS 3200304(1.85) 157 PEDESTRIAN: 41 CROSSING WITH SIGNAL 42 CROSSING AGAINST SIGNAL 43 CROSSING MARKED CROSSWALK. NO SIGNAL 44 CROSSING. NO 51G. OR MARKEO CHSWLK 45 WALK RUN IN ROAD WITH TRAFFIC 46. WALK RUN IN ROAD AGAINST TRAFFIC 47 STANDING IN ROAO 48. EME FIG. FROM FT BEHIND PARKED VEHICLE 49 CHILD GETTING ON OFF SCHOOL BUS 50 GETTING ON OFF VEHICLE 51 PUSHING WORKING ON VEHICLE 57. WORKING IN ROAD 53. PLAYING IN ROAD 54. NOT IN ROAD 60. OTHER PEDESTRIAN ACTION• 61, BICYCLIST 71. RIDING WITH TRAFFIC 72. RIDING AGAINST TRAFFIC 73. MAKING RIGHT TURN 74 MAKING LEFT TURN 75 MAKING U TURN 76. RIDING ACROSS ROAD 77. SLOWING STOPPING STARTING IN ROAD B0. OTHER BICYCLIST ACTION. WEST PRE - ACCIDENT DIRECTION OF TRAVEL APPARENT CONTRIBUTING FACTORS 15 DRIVER INEXPERIENCE 16. PEDESTRIAN VIOLATION ERROR _17. PHYSICAL IMPAIRMENT 18. VISION OBSCURED•WINDSHIELD GLASS 19. VISION OBSCURED -SUN HEADLIGHTS 20. VISION OBSCUREMENT • OTHER 30. OTHER HUMAN VIOLATION FACTOR' VEHICULAR: •1. DEFECTIVE BRAKES 42. DEFECTIVE TIRE TIRE FAILURE 43. DEFECTIVE LIGHTS u. INADEOUATE WINDSHIELD GLASS 45. OVERSIZE OVERWEIGHT VEHICLE 46 SKIDDING 50. OTHER VEHICLE DEFECTIFACTOR• MISCELLANEOUS 61. WEATHER 62. ROAD DEFECTS HUMAN I NO IMPROPER ACTIONS 2. FAILURE TO YIELD RIGHT.OF•WAY 3 ILLEGAL/UNSAFE SPEED 4 FOLLOWING TOO CLOSELY 5. DISREGARD TRAFFIC CONTROL DEVICE 6. DRIVING LEFT OF ROADWAY CENTER • NOT PASSING 7. IMPROPER PASSING /OVERTAKING 8 IMPROPER/UNSAFE LANE USE 9. IMPROPER PARKING /START STOP 10. IMPROPER TURN 11. UNSAFE BACKING 12. NO /IMPROPER SIGNAL 13. IMPEDING TRAFFIC 14 DRIVER INATTENTION /DISTRACTION APPARENT PHYSICAL CONDITION 1. NORMAL (NO DRUGS, DRINKING) 6. FATIGUED 2. UNDER THE INFLUENCE 7. ILL 3. HAD BEEN DRINKING 8. HANDICAPPED 4 HAD BEEN USING DRUGS 90. OTHER* 5 ASLEEP 1. CHILD RESTRAINT USED 2. SEAT BELTS NOT INSTALLED 3. SEAT BELTS INSTALLED -NOT USED 4. SEAT BELTS INSTALLED -USED 5. HELMET USED 8. HELMET USED AND LIGHTS ON SAFETY EQUIPMENT USAGE 7. HELMET USED AND UGHTS OFF 8. HELMET NOT USED 9. HELMET NOT USED AND LIGHTS ON 10. NEWET NOT USED AND LIGHTS OFF 11. MOTORCYCLE LIGHTS ON POSITION IN /ON VEHICLE STANDARD VEHICLE • 1. DRIVER 2.7. PASSENGER 8. RIDE /HANG ON VEHICLE WHICH UNIT OCCUPIED 1. UNIT NO.1 2. UNIT NO. 2 3. UNIT NO. 3, ETC. 8. BICYCLIST P. PEDESTRIAN W. WITNESS 0. OTHER 24 MCSBIKEI$NOW/BOBILE 9. DRIVER 10. PASSENGER 11. SIDECAR/SLED/HANGING ON VEHICLE 6 8 1 © 3 4 6 8 8 AGE SEX M OR F 25 26 27 12 MOTORCYCLE LIGHTS OFF 13. DARK CLOTHING 14. LIGHT REFLECTIVE CLOTHING 15. SAFETY EQUIPMENT MISUSED 16. OTHER' 28 EJECTION FROM INJURY: VEHICLE TYPE 1. TRAPPED K KILLED I EXTRICATED A INCAPACI• 2. PARTIALLY TATINO EJECTED 6 NO181N• 3. EJECTEO CAPACITATING 4. NOT EJECTED C POS51811 INJURY 29 30 r 1 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 S. Greeley Street Stillwater, MN 55082 -6012 (612) 439 -8803 F I S C A L Y E A R 1 9 9 0 ANNUAL R E P O R T to its Member Cities and to the Public CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION Michael E. Knutson, Chairperson Jaclyn Ulrich, Vice Chairperson Ann M. Bodlovick, Treasurer Beverly Schultz, Secretary Dean Kern Ed Lawson Jack Doerr Phyllis White Mary Kreimer- Adrian Douglas Beedle ADOPTED BY THE COMMISSION May 1991 Representing the Cities of Bayport, Oak Park Heights, and Stillwater also the Townships of West Lakeland, Baytown, and Stillwater MICHAEL E. KNUTSON, Chairman JACLYN ULRICH, Vice Chairperson EDWARD LAWSON BEV SCHULTZ, Secretary MARY KREIMER- ADRIAN ANN M. BODLOVICK, Treasurer PHYLLIS WHITE DEAN KERN JACK .DOERR • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION FISCAL YEAR 1990 ANNUAL R E P O R T to its Member Cities and to the Public For the Fiscal Year February 1, 1990, through January 31, 1991 MEMBERS OF THE COMMISSION CITY OF BAYPORT Beverly Schultz, Secretary Douglas Beedle Edward L. Lawson Phyllis White CITY OF OAK PARK HEIGHTS Dean Kern Michael E. Knutson, Chairperson Jack Doerr CITY OF STILLWATER Ann M. Bodiovick, Treasurer Jaclyn Ulrich, Vice Chairperson Mary Kreimer- Adrian MISSION STATEMENT Primary Council Primary Council Primary Resident Alternate TERM EXPIRES Retired 12 -31 -90 1 -31 -92 Retired 1 -31 -91 1 -31 -91 Primary Council 1 -31 -91 Primary Resident Retired 1 -31 -91 Alternate 1 -31 -91 Primary Council Primary Resident Alternate 1 -31 -92 1 -31 -91 1 -31 -91 The mission statement of the Central Saint Croix Valley Joint Cable Communications Commission is the ongoing administration of the cable communications franchise ordinance (Ordinance No. Two) awarded August 2, 1983, under the authority delegated to the Commission by its Member Cities through the Joint and Cooperative Agreement dated February 1, 1982. The Cities of Bayport, Oak Park Heights and Stillwater are Member Cities to this Agreement. The Commission monitors the development and the operation of the cable communications system according to the terms of the cable franchise ordinance in the Center Saint Croix Valley franchise area. The cable communications system operator is King Videocable Company - Minnesota dba King Videocable Company. The Commission guards the public interest and that of Member City residents and consumers of cable communications services in matters relating to cable communications. COMMISSION ANNUAL REPORT FY 1990 Page Two PUBLIC POLICY ISSUES LINE EXTENSION POLICY During fiscal year 1987, the Commission developed a Line Extension Policy in concert with cable company representatives. The Policy signed by both parties was amended into the franchise ordinance after public notice and public hearing at which the public had opportunity to comment. The Line Extension Policy provides for a procedure whereby residents of an area without cable may petition the Commission for cable service. In addition, the policy provides for a formula when the number of households in a line extension area do not meet industry minimums. During the past year cable service was provided to the following locations within the franchise area: In Stillwater: Sunset Ridge Estates, Stillwater Yacht Club, and a small extension on Fischer Circle In Oak Park Heights: Port of Sunnyside Marina, Oak Park Heights Correctional Facility In Bayport: Stillwater Correctional Facility, Bayport Marina, Waterford (condominiums) on the St. Croix CONSUMER PROTECTION BILLING AND LATE FEE PROCEDURES The Company filed its billing policies and procedures with the Commission. Subscriber accounts are subject to a "late fee," which is assessed after 30 days. SUBSCRIBER SERVICE CONTRACT At the present time King Videocable Company - Minnesota is not utilizing a subscriber service contract. The company indicated in its annual report that they plan to submit a contract to the Commission for comments or questions. Effective March 1, 1990, the company lowered its monthly fee on remote controls owned by the subscriber. Monthly fees for company -owned remote controls remained the same. ADMINISTRATION OF THE FRANCHISE FLOW- THROUGH The Commission, in conjunction with the Community Access Corporation, hired Cable Consultant, Anita Benda Stech, to develop a viable business plan in order to proceed with flow - through negotiations with King Videocable Company. The Commission and the company agreed upon November 1, 1990, as a target date for completion of the flow- through arrangement and were very close to an agreement when, in September, a lawsuit was served on the Commission; and, King Broadcasting Company announced that it was putting its broadcast and cable television properties on the market. These two factors were instrumental in bringing flow- through negotiations to a halt. COMMISSION ANNUAL REPORT FY 1990 Page Three PROGRAMMING King Videocable took into consideration the results of a survey conducted in 1989 when adding some of the most requested programming to the channel line -up. New programming added in 1990 included The Weather Channel, American Movie Classics, the Comedy Channel, Country Music Television, Prime Sports Network, 4 -Star Premium Package, Request II. Negotiations between the cable company and Midwest Sports Channel continued during the year, and an agreement was reached early in 1991. LIMITED BASIC Limited basic was offered to subscribers in June 1990. The company proposed to charge a downgrade fee to subscribers wishing to downgrade their present service to the new limited basic. The Commission was of the opinion that the fee was excessive. The company revised its policy. CUSTOMER COMPLAINTS The Commission continued to monitor subscribers' complaints throughout the year, and expressed their dissatisfaction with the time it took for the company to resolve some of these complaints. In order to keep better informed, the Commission requested the company submit a complaint log on a monthly basis. COMPANY REPORTS The Commission reviewed reports received from the company. Any differences were addressed to the company, and the company complied with revisions or explanations. The company's Annual Report and Annual Technical Performance Test Report were received in September. An error was noticed in the copyright report and the company refiled information with the Copyright Office, and furnished the Commission with a copy of the corrected report. ADVANCE NOTIFICATION OF CHANGES The Commission, in several incidences, requested the company to abide by stipulations set forth in the franchise ordinance, with regard to advance notification of rate increases, new construction, and new programming. RATES INCREASES The company increased rates in February 1990 for installation and pay - per -view services. A second rate increase was put into effect in the fall when the company raised charges for Limited Basic, 4 -Star Package and Commercial services. SUBSCRIBER COUNT The subscriber count for fiscal year 1990 averaged 3,495 subscribers per month compared to an average of 3,261 per month during fiscal year 1989. COMMISSION ANNUAL REPORT FY 1990 Page Four COMMUNITY ACCESS During the year the Commission approved the corporation's appointments to its Board of Directors and the election of its chair. The Commission allotted $30,000 of the franchise fees to be paid in four equal payments during the year, coinciding with receipt of the quarterly franchise fee payments, for the support of community access. The Commission chair assisted the corporation in negotiating for and planning the development of raw space within the Greeley Square Building into a permanent studio site with office space for the Access Center staff, the corporation and Commission employees. The Commission and the company agreed to release funds held in escrow for the purchase of a second editing system plus expenses due to the relocation and upgrading of the Access Center. COMMISSION BUSINESS RELOCATION OF COMMISSION OFFICE In August the Commission leased office space from the corporation in the newly developed Access Center in the Greeley Square Building, maintaining a separate address of 1917 South Greeley Street, Stillwater, MN 55082. ANNUAL BUDGET The Commission over - extended its budget during fiscal year 1990, primarily due to the unanticipated expenses brought about by an unemployment insurance claim and a lawsuit filed against the Commission. The Commission reimbursed Minnesota Jobs and Training for the amount of the claim. With regard to the lawsuit, litigation is ongoing. The Commission was forced into seeking financial assistance from its Member Cities in order to pay excessive legal expenses, resulting from the lawsuit, and will have to reimburse its Member Cities from the franchise fees received. When planning the budget for fiscal year 1991, the Commission discontinued reimbursement for the cost of basic service to its directors, who are charged with monitoring the cable system. The Commission found it necessary to request reimbursement from the government entities for part of the cost of cablecasting government productions. In June a grant was received from Ramsey - Washington Counties Suburban Cable Commission to support the cost of cable productions and distribution of tapes of the Washington County Board meetings. INTERCONNECTION The Commission was notified of ongoing negotiations and proposals for interconnection. The objectives of interconnection are to establish a regional higher educational /vocational /technical access channel for the distribution of advanced academic programming. (continued on next page) • COMMISSION ANNUAL REPORT FY 1990 Page Five INTERCONNECTION (continued) This channel would be used by Northeast Metro Tech and Lakewood Community College, which are the primary technical and community colleges in our area, to broadcast a wide array of programming. After investigating microwave and copper alternatives, fiber optic was felt to provide the most cost effective level of quality. The method of funding the interconnection and dedication of channel space for the local franchise area are among issues yet to be determined. CONCLUDING STATEMENT The Commission looks forward to another busy year ahead, regulating the franchise ordinance, promoting community access and continuing to bring important information to valley residents by cablecasting government meetings. The Commission contemplates maintaining a good ongoing relationship with King Videocable Company and establishing mutual respect with the new owners of the cable system when the transfer of ownership takes place. Prepared by: Marilyn G. Richert Administrative Secretary April 1991 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION TRIAL BALANCE FISCAL YEAR 1990 For the Fiscal Year Ended January 31, 1991 Cash Petty Cash Cash on Hand Rent Deposit BALANCE 2 -1 -90 DEBIT BALANCE CREDIT 1 -31 -91 7,372.61 84,201.20 89,227.78 2,346.03 100.67 3,813.27 3,634.59 279.35 6.44 21.18 22.46 5.16 120.00 Accounts Receivable 15,833.97 26,532.64 Photocopier (Prepaid Rent) 53.00 Accounts Payable ( 9,975.40) 9,975.40 Accrued Payroll - Fed /FICA (260.48) 2,311.35 351.00 919.13 Accrued Payroll - State (39.00) Accrued Payroll - PERA -0- Legal Fees Loan Fund Bal - Unrestricted (12,711.81) Fund Bal - Restr /Audit ( 500.00) Interest Earnings Franchise Fees (KVC) Miscellaneous Income Cablecast Reimbursement CAC Flow- through Reimb Escrow Fund Salaries Payroll Tax - FICA /PERA Unemployment Expense Office Supplies Accounting Help Legal Fees Consultant Fees Contract Labor - Cablecast Telephone Postage Mileage Conf /Mtgs /Dues Print /Publish Insurance /Bond Miscellaneous Expense CAC Support Office Rent /Reimb Photocopier Rent / Reimb Basic Cable Reimb Channel 12 Equip Office Furn /Equip TOTALS mgr 4 -1 -91 500.00 14,550.20 2,453.43 20,094.85 9,755.65 1,184.01 4,165.32 297.55 25.00 17,798.74 2,841.80 5,354.00 928.89 341.40 43.84 1,110.56 -0- 2,501.00 270.82 30,000.00 2,040.00 724.45 1,136.45 966.32 340.00 120.00 -0- 15,833.97 26,532.64 53.00 21,289.54 (21,289.54) 2,365.65 ( 314.78) 359.00 ( 47.00) 967.97 ( 48.84) 11,250.43 (11,250.43) (12,211.81) 500.00 ( 1,000.00) 534.91 ( 534.91) 73,258.87 (58,708.67) 6.85 ( 6.85) 885.00 ( 885.00) 4,422.23 ( 1,968.80) 20,094.85 -0- 9,755.65 1,184.01 4,165.32 5.71 291.84 25.00 15,484.09 2,693.05 5,342.00 859.89 341.40 43.74 1,082.77 -0- 2,439.00 245.82 30,000.00 2,040.00 724.45 1,136.45 855.97 340.00 2,314.65 148.75 12.00 69.00 .10 27.79 -0- 62.00 25.00 110.35 -0- 247,549.45 247,549.45 -0- • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION STATEMENT OF REVENUES AND EXPENDITIRES FISCAL YEAR 1990 For the Fiscal Year Ended January 31, 1991 REVENUE EXPENDITURE Interest Earnings 534.91 Personnel Services Franchise Fees 58,708.67 Unemployment Expense Miscellaneous 6.85 Office Expenses Cablecast Reimbursement 885.00 Professional Services CAC Flow- through Reimb 1,968.80 CAC Support Operating Expense Capital Outlay Basic Cable Reimb Miscellaneous TOTAL REVENUES 62,104,23 EXPENDITURES OVER REVENUES TOTALS DEDICATED MONIES 16,946.22 79,050.45 Audit 1,000.00 mgr 4 -16 -91 10,939.66 4,165.32 2,217.58 23,544.14 30,000.00 5,605.51 1,195.97 1,136.45 245.82 TOTAL EXPENDITURES 79,050.45 79,050.45 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION BALANCE SHEET FISCAL YEAR 1990 For the Fiscal Year Ended January 31, 1991 ASSETS Cash Petty Cash Cash on Hand Photocopier (Prepaid) Accounts Receivable TOTAL ASSETS mg r 4 -2 -91 2,346.03 279.35 5.16 53.00 26,532.64 29,216.18 LIABILITIES /FUND BALANCE LIABILITIES Accrued Payroll - Fed /FICA 314.78 Accrued Payroll - State 47.00 Accrued Payroll - PERA 48.84 Legal Fees Loan 11,250.43 Accounts Payable 21,289.54 TOTAL LIABILITIES 32,950.59 FUND BALANCE Unrestricted Restricted for Audit TOTAL FUND BALANCE COMBINED TOTAL REDUCTION IN FUND BALANCE 12,211.81 1,000.00 13,211.81 46,162.40 - 16,946.22 TOTALS 29,216.18 29,216.18 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION OPERATING AND CAPITAL EXPENDITURE BUDGET FISCAL YEAR 1991 INCOME Interest Earnings Franchise Fees Cablecast Reimb /Government Productions $ 550.00 59,000.00 4,125.00 TOTAL INCOME $63,675.00 EXPENSES Salary and Benefits - Admin Sec'y $14,000.00 Salary and Benefits - Cablecast Contractor 7,500.00 Office Supplies 300.00 Professional Services Accounting Help 70.00 Legal 3,000.00 Audit 500.00 Telephone 720.00 Postage 350.00 Mileage 100.00 Conferences /Meetings /Dues 250.00 Print /Publish 100.00 Insurance /Bond 2,375.00 Miscellaneous 200.00 Community Programming Support 30,000.00 Office Rent 2,640.00 Photocopier 720.00 Capital Outlay Channel 12 Equipment 750.00 Office Furniture /Equipment 100.00 TOTAL EXPENSES $63,675.00 $63,675.00 • JU /mgr 12 -10 -90 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION CHANNEL 12 GOVERNMENT MEETINGS BAYPORT CITY COUNCIL Cablecast Live: 1st Monday of the month Replays following the meeting: Wednesday Thursday Saturday STILLWATER CITY COUNCIL Cablecast Live: 1st and 3rd Replays following the meeting: OAK PARK HEIGHTS CITY COUNCIL Cablecast Live: 2nd and 4th Replays following the meeting: JOINT CABLE COMMISSION Tuesdays Thursday Friday Saturday Mondays Thursday Friday Saturday Cablecast Live: 3rd Wednesday of the Replays following the meeting: Friday Saturday 7:00 p.m. - 5:30 p.m. - 8:15 p.m. - *12:15 p.m. 7:00 p.m - * 6:00 p.m. - 4 :00 p.m. - 10:00 a.m. - 7:00 p.m. - * 6:00 p.m. - 4:00 p.m. - 10:00 a.m. month WASHINGTON COUNTY BOARD OF COMMISSIONERS Cablecast Live: Every Tuesday Replays following the meeting: Tuesday Thursday - 7:30 p.m. * 6:00 p.m. *12:00 p.m. - 9:00 a.m. - 4:00 p.m. - * 8:30 p.m. SCHOOL BOARD - INDEPENDENT SCHOOL DISTRICT # 834 Cablecast Live: 2nd and 4th Thursdays Replays following the meeting: Friday Saturday - 7:30 p.m. - 1:00 p.m. * 1:00 p.m. *Approximate time - Please check the schedules published in the TV Times, the Stillwater Gazette, or call the Community Access Center at 430 -2921. • • ELECTED: Term: CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1917 South Greeley Street Stillwater, MN 55082 (612) 439 -8803 STILLWATER Ann M. Bodlovick, Chairperson 1511 West Olive Street Stillwater, MN 55082 (612) 439 -2658 2/1/90 to 1/31/92 RESIDENT: Jaclyn Ulrich, Vice Chairperson 612 Lake Drive Stillwater, MN 55082 (612) 439 -4837 Term: 2/1/91 to 1/31/93 ALTERNATE: Mary Kreimer- Adrian 1860 Heifort Court Stillwater, MN 55082 (612) 439 -3728 Term: 2/1/91 to 1/31/93 REPRESENTATIVES FY 1991 OAK PARK HEIGHTS Jack Doerr, Secretary 14520 Upper 56th Street Oak Park Heights, MN 55082 (612) 439 -1815 2/1/91 to 1/31/93 Vacant to 1/31/93 Dean Kern 5885 North Oldfield Avenue Oak Park Heights, MN 55082 (612) 439 -7544 2/1/91 to 1/31/93 ADMINISTRATIVE SECRETARY: Marilyn G. Richert 9353 Norell Avenue North Stillwater, MN 55082 (612) 439 -2131 mgr 4/9/91 BAYPORT Douglas Beedle, Treasurer 385 First Avenue North Bayport, MN 55003 (612) 439 -2834 1/1/91 to 1/31/92 Eugene White 688 North Fifth Street Bayport, MN 55003 (612) 439 -4257 4/1/91 to 1/31/93 Phyllis White 688 North Fifth Street Bayport, MN 55003 (612) 439 -4257 2/1/91 to 1/31/93 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION ANNUAL TASK SCHEDULE FISCAL YEAR 1991 Ongoing: General Administration of Franchise Ordinance: Monitoring Community Access: Subscriber Complaints: Legislation Comments: Civil Emergency Alert System FEBRUARY Annual Commission Meeting Review Annual Task List *Review Quarterly Franchise Payment /Report (due 1- 31 -91) MARCH Annual Report to Commission for Approval *Review Company Line Extension Construction Plan Monitor Line Extension Construction *Review Notice of Construction Contractor APRIL *Receive Quarterly Franchise Fee Payment /Report 4 -30 -91 *Receive Company Insurance Certificate (Expires 4 -1 -91) Approval of Community Access Corporation's Annual Appointments: 1) Chairperson 2) Board of Directors MAY Review Quarterly Franchise Fee Payment /Report Appoint Internal Audit Committee JUNE Conduct Internal Audit JULY Internal Audit Report to Commission for Approval *Receive 2nd Quarter Franchise Fees /Report 7 -31 -91 AUGUST Review 2nd Quarter Franchise Fees /Report SEPTEMBER *Receive Company's Annual Report (due 9- 30 -91) *Receive Company's Annual Monitoring and Compliance Reports *Receive Company's Annual System Performance Tests OCTOBER Review Company's Above - mentioned Annual Reports *Receive 3rd Quarter Franchise Fee Payment /Report 10 -31 -91 Review Commission's General Liability Insurance Employee Evaluation Establish Meeting Date for Preparation of Budget NOVEMBER Review 3rd Quarter Franchise Fee Payment /Report Prepare Annual Budget for Commission Approval Mail Annual Budget to Member Cities for Approval Notify Corporation of Proposed Allocation for 1992 DECEMBER Receive Corporation's Proposed Budget for 1992 Receive Approval of Commission's Proposed Budget from Member Cities prior to January 1 JANUARY *Receive 4th Quarter Franchise Fee Payment /Report 1 -31 -92 *Denotes documentation provided by King Videocable Company mgr 4 -17 -91 alley Access Channels 1913 South Greeley Street Stillwater, MN 55082 (612) 430 -2921 MEETING NOTICE The Valley Access Channels Board of Directors will hold its regular bi- monthly meeting on Tuesday, June 11, 1991, at 7:00 P.M. in the Community Access Center, Greeley Square, 1913 South Greeley Street, Stillwater, Minnesota. AGENDA CALL TO ORDER ROLL CALL AGENDA APPROVAL PUBLIC COMMENT MINUTES APPROVAL - Minutes of regular meeting, April 10, 1991. ITEM I Chairperson's Report ITEM II Corporation Business ITEM I I I Committee Reports and Recommendations A. Executive B. Community Outreach C. Studio and Equipment D. Policy and Planning E. Finance ITEM IV Community Access Center Report ITEM V Administrator Report ITEM VI Announcements UNFINISHED BUSINESS NEW BUSINESS AFFIRM NEXT MEETING DATE • ADJOURNMENT DST: 5(21,31 WASHINGTON COUNTY May 28, 1991 BOARD OF COMMISSIONERS GOVERNMENT CENTER 14900 61st STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082 -0006 Office: (612) 430 -6003 Fax: (612) 430 -6017 Mr. Nile Kriesel Coordinator, City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Kriesel: On May 20, 1991, the Minnesota Legislature passed the Omnibus Tax Bill which provides for an increase in the sales tax from 6% to 6.5% effective July 1, 1991. In addition, the bill provides that unless counties act to enact the sales tax increase by July 1, 1991,the county and all cities and townships within that county will face elimination of all local government aid, homestead and agricultural credit aid and other aids identified in the bill. Such a reduction in state aid would be more than 20 million dollars for Washington County and would present the certainty of both drastic reductions in basic services and substantial property increases. The bill provides that counties must act by July 1, 1991, and that cities and townships may act later, by August 1, 1991. However, the County Board requests (resolution attached) that you act in the form of a resolution before June 19, 1991, so that the County Board may make a decision with the knowledge of the preferences of cities and townships in the county. A sample resolution is attached for your possible use. We find ourselves in a difficult situation and ask for your cooperation in this matter. Please feel free to contact the Office of Administration at 430 -6003, or me to discuss this further. We look forward to working with the cities and townships as efficiently as possible to resolve this issue in the interests of the majority of the county's residents. Sincerely, Don Scheel, Chairman Washington County Board of Commissioners /ma Attachment Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION Dennis C. Hegberg District 1 Mary Hauser District 2 Sally Evert District 3 Phillip R. McMullen District 4 Donald G. Scheel District 5 /Chairman DATE May 28, 1991 OF COUNTY COMMISSIONERS INGTON COUNTY, MINNESOTA DEPARTMENT Administration RESOLUTION NO. 91- 0 9 3 MOTION BY COMMISSIONER Evert SECONDED BY COMMISSIONER McMullen Sales Tax Resolution WHEREAS, The 1991 Minnesota Legislature passed the Omnibus Tax Bill which provides for an increase in the sales tax from 6.0% to 6.5% effective July 1, 1991, and WHEREAS, the bill provides that unless each county acts to enact the sales tax increase by July 1, 1991, the county and all cities and townships with the county will face elimination of all local government aid, homestead and agricultural credit aid, and other aids identified in the bill, and WHEREAS, the Washington County Board of Commissioners wish to make a decision based on the knowledge of the preferences of the cities and townships in the county, NOW, THEREFORE, BE IT RESOLVED, that the Washington County Board of Commissioners requests that all city councils and township boards vote by resolution by June 19, 1991, requesting that the County Board enact or reject this sales tax increase as provided in the 1991 Omnibus Tax Bill. ATTEST COUNTY ADMI ISTRATOR f _UATPMAN MINTY BOARD YES EVERT X HAUSER X HEGBERG X MCMULLEN X SCHEEL X POSSIBLE RESOLUTION WHEREAS, the Orribuz Tax Bill passed by the 1991 Minnesota State Legislature increases the sales tax rate from 6% to 6.5% effective July 1, 1991, and WHEREAS, each county must act by July 1, 1991, to enact the sales tax for the time period beginning January 1, 1992, or face elimination of all state provided local government aid, homestead and agricultural credit aid, and other aids identified in the bill, NOW, THEREFORE, BE IT RESOLVED, that the city /township of urges the Washington County Board of Commissioners to enact /reject the "Local Option Sales Tax" as provided in the 1991 Omnibus Tax Bill. • • illwater THE BIRTHPLACE OF MINNESOTA YOU ARE INVITED° -TO A PANCAKE BREAKFAST AT 7:30 A.M. ON MONDAY, JUNE i0. 1991 ON MAIN AND NELSON STREETS IN DOWNTOWN STILLWATER TO KICK -OFF "REBUILDING THE BIRTHPLACE" DOWNTOWN PHASE I IMPROVEMENT PROJECT. WE HOPE TO SEE YOU THERE. Rebuilding Tbte B place. lr er:'• "Mtnn &sEi*aUSR (t CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • WEEK OF JUNE 10-17 STILLWATER CONSTRUCTION UPDATE ANTICIPATED TRAFFIC RESTRICTIONS ISr, Y ST. NELSCN ST/ FOR UP TO DATE CONSTRUCTION INFORMATION THROUGHOUT THE SUMMER, CALL "THE CONNECTION„ 922 -9000 fia -{RIIN1M1 mm mw 1111111111111111111 LEGEND STREETS CLOSED TO TRAFFIC STREETS WITH RESTRICTED TRAFFIC 1E PUBLIC PARKING LOTS 11 ',cater Rebuilding The Birthplace. IPA 4". ∎i: tI i ii *`(.; -4 ;`1 iii 11 • ibL : k tttYtesatas41SR ti TOTAL P.02 H U M A N SERVICES, INC., IN WASHINGTON COUNTY, MINNESOTA May 16, 1990 V Stillwater City Council c/o Steve Russell 216 N. 4th Street Stillwater, Mn. 55082 Dear Mr. Russell, I am writing to request consideration of a handicapped parking designation for a specific location on Union Street. Human Services Inc., in Washington County has a satellite office at 115 S. Union Street in Stillwater. The office is used two times per month by a woman who drives a van with a hydraulic lift. The van is cumbersome to park and it is most convenient if the lift can be opened and let down on the sidewalk. Also, we have a volunteer who works for us 3 afternoons a month who needs handicapped parking as well. Additionally, the HSI Transporter drops off and picks up clients for services on a daily basis. The individuals that use the services at 115 S. Union Street are vulnerable and often times have physical as well as emotional disabilities. Currently the transporter stops in the middle of the street to drop off and retrieve clients. The locations we have identified would be directly in front of 115 S. Union Street. If you have further questions, please contact me at 777 -5222. Sincerely, Liz Jones HSI Jobs Program LJ:gsb AN EQUAL OPPORTUNITY EMPLOYER 7066 Stillwater Boulevard North — Oakdale, Minnesota 55128 — (612) 777 -5222 Bruce A. `W. Kpmperschroer EXatteel Xpier Phone: (612) 772-7608 (work) (612) 653 -9149 (home) j'a (612) 772 -7631 Telephone (612) 439 -5276 Stillwater Elks Lodge No. 179. B.P.O.E. May 14, 1991 Mr. Tim 'Thomsen Supervisor Stillwater Parks Department 1372 S. Greeley Street Stillwater, MN 5'5082 Dear Tim: 279 East Myrtle Stillwater, Minnesota 55082 The members of Stillwater Elk's Lodge #179 considered your request at their meeting April 17th. They voted to send you a checkin the amount of $1,000 to assist in the purchase of equipment. The funds for this contribution came from our Charitable Gambling Fund. As you know, our legislature is trying to make it very difficult for organizations such as ours, to raise funds. To enable us to continue to make donations to organizations, individuals, etc., such as you, we need your help. Please inform your government representatives that you have received monies from our Charitable Gambling Fund. Without these funds we will not be able to continue to provide monies to the many worthwhile projects in our area. Please complete the top portion of the enclosed form and return as soon as possible. Fraternally yours, Bruce A. W. 7(amperschroer Exalted Ruler BAWyk Enc. REPLY TO ATTENTION OF Construction - Operations Regulatory (91- 611 -68) DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 1421 U.S. POST OFFICE & CUSTOM HOUSE ST. PAUL. MINNESOTA 55101 -1479 May 29, 1991 SUBJECT: Placement of 8 no -wake buoys in the St. Croix River at Stillwater. City of Stillwater Attn: Nile Kriesel, City Coordinator 216 North Fourth Street Stillwater, Minnesota 55082 We are enclosing for your information correspondence we received as a result of our public notice that described the above project. It is our policy to give you the opportunity to offer us your proposed resolution or rebuttal of these comments. You need not make any response. However, any response should be sent to this office so that potential resolutions or rebuttals can be considered in our final evaluation. If we receive no response within 15 days of this letter, we will presume that no response is intended. In the interim, we will continue to evaluate your application. If you have any questions, please call Judi Kolb , t (612) 220 -0361. Enclosure(s) en Wopat Chief, Regula'7 ry Branch Construction - Operations Division 0) IN REPLY REFER TO: United St April 25, 1991 L7423(LOSA) tes Department of the Interior NATIONAL PARK SERVICE T. CROIX NATIONAL SCENIC RIVERWAY P.O. BOX 708 ST. CROIX FALLS, WISCONSIN 54024 Department of the Army St. Paul District, Corps of Engineers Attn: Judy Kolb 1421 U.S. Post Office & Custom House St. Paul, Minnesota. 551(1-1479 Gentlemen: TAKE • PRIDE IN AMERKA We are writing in respon e to the application which you received from the City of Stillwater regarding he placement of seven or eight "no wake" buoys in the St. Croix River. The City wants to place these buoys 100 feet out in the river parallel to the shoreline. The purpose is to regulate speed in the area of downtown Stillwater. At this time, the States f Minnesota and Wisconsin have in effect special slow, no-wake zones within 100 feet of all shorelines, including islands, and within 100 feet of swimmers. Tiis special 100-foot no-wake zone along the shoreline is not marked: boaters are supposed to be aware of ft is our opinion that 'his zone should not be marked. Our feeling is, if Stillwater marked the 1(0-foot line, soon everyone would want to put out a similar buoy. We do not want to see that happen and therefore object to the City putting out the buoys for the purposes stated in their application. Sincerel y, AnLii)ny L. Andersen Snperintendent 4-Nik I 6z %997 MINNESOTA - WISCONSIN BOUNDARY AREA COMMISSION 619 SECOND STREET, HUDSON, WISCONSIN 54016 -1576 Serving Our Sponsor States on the St. Croix and Mississippi Rivers since 1965 Office Hours: 8 A.M. - 5 P.M. Monday- Friday Telephone 1812! 438.7131 May 20, 1991 Nile Kriesel City Coordinator City of Stillwater 216 North Forth Street Stillwater, Minnesota 55082 Wisconsin Telephone (715) 386-9444 Dear Mr. Kriesel: The St. Croix Regional Committee of the Minnesota- Wisconsin Boundary Area Commission reviewed your request to the U.S. Army Crops of Engineers to place up to 8 no -wake buoys in the St. Croix River at the Stillwater Central Business District. After review of your application materials and discussion, the Committee voted by majority vote to support your application and communicate this action to you and the U.S. Army Corps of Engineers. By copy of this letter we are advising the City and the Corps of the Committee's formal action. You should also know that a new brochure will soon be available from the river - managing agencies advising people of the no -wake rules on the St. Croix. Please advise us regarding how many copies you would like. incerely, Karl Bremer Chairman, St. Croix Regional Committee cc: Judy Kolb, U.S. Army Corps of Engineers 2.1 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN 55101 -1634 612 291 -6359 FAX 612 291 -6550 TTY 612 291 -0904 DATE: May 24, 1991 TO: Local Government Officials and Legislators FROM: Mary Anderson, ChaiiWiZ SUBJECT: REGIONAL BREAKFAST MEETING IN WASHINGTON COUNTY June 19, 1991 The Metropolitan Council is beginning to develop its work program and budget for 1992. The Council members and I are anxious to hear your ideas about the future work of the Council and how you think we can best serve the region. We hope you will join us at our annual chair's regional breakfast, which we are holding in June this year to provide you with the opportunity to comment and make suggestions. If you cannot attend the meeting we hope you will send your thoughts to me in writing. During May, the Council is preparing its first draft of a list of priorities for the staff to consider in proposing a work program and budget. The staff will develop and present this proposed budget to the Council on June 27. By that time, we will have received your comments, and will include them in our considerations as we review and modify the staff's proposed budget for the public hearing process. A hearing will be held on the revised proposed budget in August or September. I am posing the following three questions for you to consider as we focus on long -term visioning as well as the immediate budget process. Please suggest what we should do in the short term (1992 work program) to work toward the long -term vision you see for the Council. 1. What are the major opportunities /challenges /issues that you believe the region faces now and over the next 10 -20 years? 2. In view of the above, what would you or your organization like the Council to do in our region? 3. How do you see us accomplishing this? Details for the Washington County breakfast follow. I look forward to seeing and hearing from you. When: - Wednesday, June 19, 1991, 7:30 -9 a.m. Where: Lake Elmo Inn 3442 Lake Elmo Av. N Lake Elmo Cost: $7, includes breakfast, tax and gratuity RSVP: Please call Rosemarie Coleman at 291 -6630 by June 17 s as ociation of metropolitan municipalities BULLETIN May 28, 1991 TO: AMM City Officials FROM: Roger Peterson, Legislative Affairs Director Vern Peterson, Executive Director Nicole Debevec, Communications/Research Director RE: 1991 omnibus tax bill, computer runs Enclosed you will find a summary of the 1991 omnibus tax bill. It reviews the major changes that affect cities. The centerpiece of the tax bill, for cities and the services they offer, is the optional half - cent sale tax. With it, property tax increases can be held to single digits because cities and counties can participate in a 2 -cent dedicated revenue stream. Without it, property taxes would skyrocket and/or services would suffer because non - participation in the sales tax increase means non - consideration in the distribution of aid. To better illustrate what can happen if a county board chooses not to approve the half- cent optional sales tax, we also have enclosed computer runs for all the member cities. They show the negative impact if a county commission fails to enact the optional tax. We recommend that you pass resolutions of support encouraging your county boards of commissioners to adopt the sales tax increase for your county. If you have any comments or questions regarding the update, please direct them to Roger Peterson. DISTRIBUTION NOTICE: This Bulletin has been sent to managers /administrators and legislative contacts only. Please distribute it to mayors, city council members and others as you deem appropriate. 183 university avenue east, st. paul, minnesota 55101 (612) 227 -4008 • Summary of the 1991 Omnibus Tax Bill I. Local Sales Tax Option 2 H. Class rate changes 3 III. Aid cuts/levy limits 1991, 1992 4 IV. Special levies 5 V. Homestead and Agricultural Credit Aid (HACA) 5 VI. Local Government Trust Fund 5 VII. Referenda Levy on Market Value 5 VIII. Tax Increment Financing 6 IX. Truth in Taxation Changes 7 X. Fiscal Disparities - Technical Changes 7 XI. Local Government Services Sharing and Combination Services 8 XII. Miscellaneous Changes 8 2 Overview of the 1991 o The 1991 omnibus negative ones for cities. On the up side: * The LGA/HACA c proposal; * The separation of c manipulation has begun with adopted locally; * The third tier classi two -year period without the * The 1991 revenue may be recovered by levy * The promise for 19 On the down side: * Cities and counties December 1991 payment (ap about 80 percent of the July * The overall levy ba factor. For comparative p million 1992 cut passed in $639 million; the Senate bill L Local Sales Tax Opti CITY RESOLUTIONS TAX OPTION The Association of to pass resolutions in supp tax by the July 1, 1991, de The sales tax automa 1991, through Dec. 31, 1991 within the county reverts to and cities in that county's bo percent - will go to the Loc counties. In a county not ad government may be replac If a county board fai towns within the county to the option choice for the co It is important for help absorb the difficult p cent. nibus tax bill bill (HF1698) has many more positive features than is were less than one -tenth of the governor's original ty property tax relief fund dollars from legislative the dedication of two cents of the sales tax, part of which is ication rate on homestead property is being reduced over a cost shifting to other property; ase is restored to its pre -cut level before 1992 cuts - which calculated; and, 3 levy limit repeal remains intact. ill lose an additional $35 million LGA/HACA in the roximately 1.6 percent of revenue base, or equivalent to 991 cuts), and e is frozen at the 1991 pre -cut level and contains no growth oses, the total 1991 -92 LGA/HACA cuts beyond the $51 1990 tax bill is $70 million. The governor's proposal was was $125 million and the House bill, $25 million. SUPPORT OF COUNTY BOARDS ADOPTING LOCAL SALES etropolitan Municipalities urges member city councils rt of their county boards to adopt the one -half cent sales diine. cally will increase to 6.5 percent for the period July 1, If the one -half percent option is not adopted, the sales tax percent - not 4.5 percent - and all aid is lost to the county ers. Of the 6 percent sales tax, the difference - or 1.5 Government Trust Fund as a windfall for other cities and pting the one -half cent option, the lost aid to each unit of by additional property tax levy. s to act by July 1, 1991, the governing bodies of cities and ling at least 50 percent of the county population may make nty. ities to act quickly in support of their county boards to Iitical decision of increasing the sales tax by one -half 3 The city portion of current aid or the new local government trust fund is between 75 percent and 80 percent of the total. Without city support, counties certainly will expect a greater distribution when new formulae are considered. Even if cities are willing to adopt the option, in the absence of county action, there is a very short time between July 1 and Aug. 1, and room for error. Huge aid losses or tax increases are at stake soy please do not hesitate. (See impact of loss on attached sheet.) A final complexity to the option is a very difficult reverse referendum to rescind the option. This would require an election to rescind the tax if a petition signed by a number equal to 10 percent of the voters in the previous election in each city and town in the county is filed with the county. II. Class rate changes The tax bill contains class rate changes for homestead property, C/1, apartments with more than three units, residential non - homestead, cabins and vacant land. The major accomplishment is the elimination of the third tier homestead classification rate over a two -year period with the subsequent tax loss being paid for by increased HACA payments. Classification 1991 1992 1993 1994 HOMESTEAD 1 percent 1st $68K market value $68K - $110K 2 percent more than 3 percent $110K 1st $72K market value $72K - $115K more than $115K 1 percent 2 percent 2.5 percent 1st $72K 1 percent 1 percent market value more than $72K 2 percent 2 percent C/I (large) 4.95 percent 4.75 percent 4.65 percent 4.60 percent APARTMENTS 3.6 percent 3.5 percent 3.4 percent 3.4 percent (four or more units) RESIDENTIAL 3.0 percent 2.8 percent 2.5 percent 2.3 percent NON - HOMESTEAD (1 -3 units) Classification 1991 1992 1993 1994 CABINS 1st $72K market value more than $72K 2.3 percent VACANT LAND 4.95 percent III. Aid cuts/levy limits 1 As earlier mentioned, passed is $70 million - $35 Revenue Department indicate about 80 percent of the July 1 1991 are temporary. Thus, th calculating aid reductions a Aid cuts for 1992 will in the 1990 tax bill. These cut amount to about 4 percent of Levy limits are very s including the governor, want cities and counties may levy t million LGA/HACA cuts for gone. The net effect of aid levy, or total for 1992 is the the aid portion of the '92 bas The following chart it 2.2 percent 2.0 percent 2.0 percent 2.5 percent 2.5 percent 4.75 percent highest and best use per zoning 1, 1992 e total LGA/HACA cuts exceeding the cuts already lion in December 1991 and $35 million in 1992. The that the December 1991 aid cut is 1.6 percent of base, or 91 cut. (NOTE: this is a preliminary figure.) Aid cuts in pre -cut 1991 certified levy base is restored Prior to d levy for 1992. be $86 million: $35 million new and $51 million contained are permanent and, according to the Revenue Department, e restored 1991 revenue base. ct. By the end of the session it was clear that everyone, only single -digit overall increases. The good news is that recover the loss of revenue due to the permanent $86 1992. The bad news is the 3 percent inflation for growth is uts and levy limits is that a city's levy base, aid plus same as was certified for 1991. The only difference is that will be less and the general levy portion will be more. ustrates the interaction of aid cuts and levying authority: City A City B City C LEVY 1 AID 1 TOTAL LEVY 1 AID 1 TOTAL LEVY 1 AID 1 TOTAL Original Pay 1991, 70 30 100 50 50 100 30 70 100 July aid cut ($50M) -2 -2 -2 Dec. aid cut ($35M) -1.6 -1.6 -1.6 End 91 total 70 26.4 96.4 50 46.4 96.4 30 66.4 96.4 Pay 1992 start (same 70 30 -2.4 100 50 50 -2.4 100 30 70 -2.4 100 es 911 1990 law cut ($51M) New aid cut ($35M) -1.6 -1.6 -1.6 New levy authority 4 4 4 1992 total 74 26 100 54 46 100 34 66 100 Percentage levy increase (allowed) 5.7% 8.0% 13.3% 5 IV. Special levies The original House bill contained a provision limiting use of bonded debt special levy. That has been deleted from the final bill. Bonded debt remains an uncapped special levy as it has been for two decades. The only significant city change to the special levy section was the addition (roll in) of the pension special levy to the 1992 base at the 1991 level without increase. V. Homestead and Agricultural Credit Aid (HACA) One of the major concerns of legislators when discussing reduction of the class rates for high valued homes and C/1 property was the very large tax shift onto low valued homes and other property to replace the reduced taxable value. This was especially difficult because of the state's $1.1 billion shortfall. The solution became possible with adoption of the increased half cent sales tax option. The extra funds allow the state to replace on a dollar- for - dollar basis the city/county lost revenue created by the value reduction, thus preventing an increased tax burden on other property. These payments will be made to cities in the form of HACA and the largest beneficiaries will be generally metro cities with a great deal of high valued homes and C/I property. many of which currently receive very little LGA or HACA. Over the next three years, $211 million (preliminary legislative estimate) is budgeted to buy down the class rate reductions, of which about $175 million (or 84 percent) will be distributed to metro area cities. The sales tax increase and the 2-cent dedication to local government - both city and county - provide a continually growing pot of money which, hopefully, will make future LGA/HACA reductions unnecessary. VL Local Government Trust Fund This fund will receive revenue from the half -cent optional sales tax plus 1.5 cents of the current six -cent sales tax, or a total of two cents from the sales tax statewide. The fund is dedicated to pay for existing non - school aid programs including LGA, HACA, disparity reduction aid, equalization aid, attached machinery aid, border city disparity aid and a few other minor programs. There is some income maintenance takeover funding equal to about 0.1 cent initially to balance the dedication at two cents. The fund is projected to grow at about 7 percent per year with new money allocated primarily to city/county new and existing property tax relief programs. Revenue is expected to be $700 million in 1991 -92 (11 months), $786 million in 1992 -93, $842 in 1993 -94 and $898 million in 1994 -95. For 1991 and 1992, the distribution will be as per current formula. For 1993 and thereafter, it may change based on recommendations of a new Advisory Commission on Intergovernmental Relations (ACIR). ACIR initially will have as members four city officials, three county commissioners, one town board member, five representatives, five senators and two members of the governor's staff. VII. Referenda Levy on Market Value All general education referenda (not including school capital bonds) and non - school referenda (cities, towns and counties) held for taxes payable in 1993 and thereafter will be levied on the market value rather than on the net tax capacity of property within the taxing juri: amount of a referendum levy I property. Instead of the curren to 1:1 based on market value. separately. Levy referenda bal voting yes on this ballot que< is a one -year exception for sch starting in 1993. VIII. Tax Increment Fin Several changes were ([fl -). Most were technical in The reduction in LG (pre-Apri1 30, 1990) that is aid reductions is provided for research and development pro under 10,000 outside a metro accomplished over five years. Calculation for lost s cooperation and combination, education, and 5. non - regular reductions. The original tax capa assessment if certification is if certification is requested of A development autho substandard building for the district criteria, even though time the district is establish * The authority must development contract for th before requesting certificatio * The authority must the building was substandard * The original net tax or after the demolition and Delinquent taxes on the district is decertified if than tax increments to pay bonds must be issued for the Interest costs on dev Payments of credit enhance from the district where the fi insufficient. Increments ma not permitted to pool incre 1982. .diction. This provision will increase significantly the aid by homeowners /voters as compared to C/I or rental 5:1 pay ratio based on taxable value, the ratio is reduced Fax statements will show referenda levy payments lots must have clear, bold -faced language indicating, "By tion, you are voting for a property tax increase." There ool referenda passed in a first -class city for taxes payable ncing to the section governing Tax Increment Financing ature to correct mistakes from last year's bill. ACA will apply only to the new area of an old district ended by adding a new area. A phase -in schedule of the onomic development districts for manufacturing , and ects, which must be located in cities with populations olitan statistical area by federal law. The phase -in is to aid excludes equalized levies for 1. health and safety, 2. 3. community education, 4. early childhood family transportation from the calculation of the state aid ty of a tax increment district is based on the prior year's uested by June 30, and for the current year's assessment r June 30. ty will be allowed to treat a parcel as occupied by a urposes of redevelopment and renewal and renovation e parcel does not have a substandard building on it at the . There are three conditions: ave removed, financed removal or entered into a removal of the substandard building within three years of the parcel; dopt before the demolition or removal a resolution finding and that the parcel would be included in a TIF district; and capacity of the parcel will be the greater of the value before moval. roperty in a TIF district will be paid to the authority after delinquency required the authority to use revenues other district's bonds. Under the three -year knock -out rule, TIF project in which the district is located. loper financing are not prohibited by the five -year rule. bonds are not subject to the five -year rule if increments anced activities are located and from the pooling share are be used to pay credit enhanced bonds, even if the district is nts because the request for certification was made before If a property in a TIF district becomes tax exempt because of a default and acquisition by the authority, when that property is returned to the tax rolls its value at the time of the initial certification will be used in the original net tax capacity. Adjustments to the original net tax capacity of economic development districts for inflation will be made using the growth in market value rather than tax capacity. For parcels with demolished substandard buildings that the authority elects to treat as still occupied substandard buildings, the original net tax capacity is the higher of: 1. current tax capacity or 2. the tax capacity before the demolition but at the current class ratio. Property owners who are not developers may enter into assessment agreements. Assessment agreements also may be entered into for existing properties in the TIF district that are not being developed. The assessment agreement may provide for increases or decreases in the minimum market value over the term of the agreement. IX. Truth in Taxation Changes Several significant changes occurred in Truth in Taxation matters. Among them: * Deletion of the requirement to provide time and place of the second meeting on the initial proposed property tax notice; * Requirement that an estimated percentage change in the levy be calculated as well as a total percentage change weighted in relation to each taxing authority's proportion of the total levy; * Requirement that TIF and fiscal disparities, when applicable, be stated separately; • * Requirement that owners of class 4 residential rental property mail or deliver a copy of the notice to each tenant, or post a notice in a conspicuous place on the premises; * Use of business days rather than calendar days regarding publication notice; * Exemption of cities having populations of less than 1,000 from advertising notice (they must post notice, however); * Requirement that cities with populations between 1,000 and 2,500 publish an advertisement that is one -eighth of a page; * Requirement that cities with populations over 2,500 publish an advertisement that is one - fourth of a page; and, * Allowance of an additional levy exceeding the proposed levy if the half -cent optional sales tax is not adopted. X. Fiscal Disparities - Technical Changes Several changes were made to laws governing fiscal disparities. The technical changes: * Eliminate the never -used municipal equity account and obsolete language; * Permit the Metropolitan Council and the Commissioner of Revenue to make the determination that a municipality consciously excluded C/1 development and, therefore, is ineligible to participate in the fiscal disparities program; * Direct that contributions will be made based on equalized market value rather than the assessor's stated market value; 8 * Modify the distribution formula definition of fiscal capacity to include personal property, such as utilities or ma ufactured homes. (The contribution side currently includes utility property.); * Direct South St. Paul t. contribute to the pool using its 1989 value as the base value; * Eliminate the "factor . two" minimum distributions, and provides a phased in loss of distribution schedule; an * Direct that the distrib i on index now will use the same population year that the capacity calculation uses. XI. Local Government Se ices Sharing and Combination Services This program was estab ished to provide financial incentive to local units of government to jointly provide - rvices or to combine their services into a single entity, as well as combine separate gove ments into single units. Among the highlights: * Service Sharing Gra ts: Any city, town or county jointly with other units(s) may apply to the Department o Trade and Economic Development (D -TED) for a grant equal to the start-up costs for s ared services. The application must include: 1. the proposal for jointly providing • service, 2. projections of cost savings and increased efficiency, and 3. evidence of e need for financial assistance to meet start-up costs for the new endeavor. * Cooperation and C ,nsolidation: This program provides for two or more contiguous units to combine :rvices for two years and then combine into a single governmental unit. The plan s bmitted to D -TED must describe joint activities, how the merger would be accomplish - 0 , the form of the post- merger governing body, service or facility changes, personnel an• administrative changes, revenue and expenditure projections, tax levy different. and a timetable to accomplish the merger. Voters would have two years to pass a consolidation referendum. Up to $100,000 per year for four years in additional aid will be . vailable for implementation. This money must be repaid if the merger is not accomplis ed per the voters. A total of $1.5 million was appropriated with at least 40 percent dedicated initially to the cooperation an 6 combination program. XII. Miscellaneous Cha ges Sales tax is extended ti dedicated phone lines, telephone paging services, kennel services and massage service. Sales tax is repealed on massage parlour admissions, and tree and shrub planting servic s (although sales tax does apply to landscaping items). A surcharge of $7.50 s imposed on each contract for car, van or pick -up truck leases of 28 days or less. The so- called "Yuppi " sales taxes were not enacted. Cooperative electric • sociations are included in the set of utilities upon which cities may impose franchise ees, but rates are not limited as they were in the initial House bill. A 7.5 percent surtax is imposed on 1 -900 calls. The cigarette tax increases five cents per pack from 38 cents to 43 cents. (A separate health insurance bill would impose an additional tax of seven cents per pack if it is signed by the governor.) No new beer, wine or liquor taxes were enacted. Budget Reserve is set at $400 million with a first priority on excess revenues to restore it to the full $550 million. Food shelves did not get a chickadee -type checkoff, but was allocated a direct funding of $800,000 for the biennium. While the lodging tax was increased one cent for St. Paul and Winona, and the use changed for Bloomington, no general law or use change was adopted. • • IMPACT OF NOT AP ROVING THE LOCAL OPTION SALES TAX If a county government or city councils representing of the population within a county do not approve the one -half cent local option sales tax, the county and and special taxing jur of the following state disparity reduction ai that would be lost by tax is not approved is does not include count would also be lost.) Local governments will that was lost by not a second and third colum tax rate increases nee by not approving the 1 EXAMPLE: CRYSTAL If the local option sa the City of Crystal wo aid (from column one). would increase by an e total tax rate in Crys (from column three). city tax rate was 21.0 city rate would have t after the loss of stat of revenue. Similarly 120.000 before the lo to increase to 150.168 state aid in order to A.M.M. Cities ANOKA APPLE VALLEY ARDEN HILLS BAYPORT BLAINE BLOOMINGTON BROOKLYN CENTER BROOKLYN PARK BURNSVILLE CHAMPLIN CHANHASSEN CHASKA CIRCLE PINES COLUMBIA HEIGHTS COON RAPIDS COTTAGE GROVE CRYSTAL a majority additional all cities sdictions within that county will lose all aids: LGA, HACA, equalization aid, and . An estimate of the amount of state aid ities in 1992 if the local option sales listed in the first column. (This amount and special taxing jurisdiction aid that have the option of levying to replace aid proving the local option sales tax. The s list the estimated 1992 city and total ed to replace all aid that would be lost cal option sales tax. es tax was not adopted in Hennepin County, ld lose an estimated $2,663,226 in state In addition, the city tax rate in Crystal timated 26.210 (from column two) and the al would increase by an estimated 30.168 or example, if we assume that Crystal's 0 before the loss of any state aid, the increase to 47.210 (21.000 + 26.210 ) aid in order to maintain the same amount if the total tax rate in Crystal was s of state aid, the total rate would have (120.000 + 30.168 ) after the loss of aintain the same amount of revenue. Estimated state aid to city that is lost if local option sales tax is not approved $1,667,947 $2,401,085 $23,463 $140,552 $2,466,977 $2,915,821 $2,837,809 $3,914,437 $2,777,645 $1,186,248 $725,860 $504,868 $424,391 $2,815,726 $4,208,764 $2,053,815 $2,663,226 Estimated increase in tax rates that would occur if local option sales tax is not approved City Tax Rate Increase Total Tax Rate Increase 19.922 10.410 0.224 5.079 15.445 3.086 14.175 12.790 5.949 15.540 7.911 7.982 22.882 35.279 18.691 18.842 26.210 29.437 15.352 4.540 10.659 25.512 7.482 18.340 16.766 11.044 19.241 18.463 18.159 32.325 44.820 28.653 24.533 30.168 A.M.M. Cities DAYTON DEEPHAVEN EAGAN EDEN PRAIRIE EDINA FALCON HEIGHTS FRIDLEY GOLDEN VALLEY HASTINGS HOPKINS INVER GROVE HEIGHTS MAHTOMEDI MAPLE GROVE MAPLEWOOD MENDOTA HEIGHTS MINNEAPOLIS MINNETONKA MOUND MOUNDS VIEW NEW BRIGHTON NEW HOPE • NEWPORT NORTH ST PAUL OAKDALE ORONO OSSEO PLYMOUTH PRIOR LAKE RAMSEY RICHFIELD ROBBINSDALE ROSEMOUNT ROSEVILLE SAINT ANTHONY SAINT FRANCIS SAINT LOUIS PARK SAINT PAUL SAINT PAUL PARK SAVAGE SHAKOPEE SHOREVIEW SHOREWOOD SOUTH ST PAUL SPRING LAKE PARK SPRING PARK STILLWATER • WAYZATA WEST ST PAUL WOODBURY WOODLAND Estimated state aid to city that is lost if local option sales tax is not approved $186,257 $123,397 $1,205,080 $51,992 $242,548 $319,615 $2,404,543 $1,508,449 $2,003,713 $1,577,262 $1,173,830 $350,988 $1,859,890 $2,012,537 $277,892 $85,514,648 $1,377,371 $705,408 $886,822 $1,378,912 $1,771,394 $389,241 $888,795 $1,328,679 $91,460 $171,137 $1,389,526 $735,926 $734,957 $4,768,701 $2,282,382 $797,771 $1,568,696 $425,405 $99,971 $4,419,256 $56,585,103 $600,773 $475,898 $521,894 $826,374 $253,771 $3,345,133 $369,859 $83,877 $1,559,817 $138,078 $1,932,789 $1,010,669 $12,413 Estimated increase in tax rates that would occur if local option sales tax is not approved City Tax Rate Increase Total Tax Rate Increase 9.811 2.196 2.313 0.091 0.318 12.675 12.214 6.466 27.258 11.022 7.595 9.973 7.462 7.437 2.368 32.484 2.330 11.996 18.863 10.058 12.612 16.239 16.796 14.840 0.708 9.367 2.816 11.989 16.605 25.969 37.918 11.165 4.922 7.683 10.920 11.624 39.659 33.978 9.336 6.263 5.065 3.358 38.007 11.468 5.114 19.382 1.673 14.955 5.584 0.637 Association of Metropolitan Municipalities, 5/24/91 12.956 6.984 7.387 4.373 4.741 15.404 21.917 10.723 31.399 15.228 12.156 15.860 11.386 11.660 7.412 36.663 6.703 16.137 23.222 14.200 16.671 21.965 21.016 20.995 5.465 13.370 7.153 24.466 25.133 30.268 41.893 16.141 9.177 11.778 19.441 15.822 43.288 39.595 21.250 18.175 9.362 7.874 43.042 20.995 9.281 25.128 6.170 20.048 11.371 5.583 naawator IOUs Li Miry 111111 Morn i+earn IiireaS aa,�so MINIM Board of Trustees Minutes 7 May 1991 Present: Buck, Cass, Childs, Engebretson, Hansen, Ruch, Schmidt, Welshons, and Bertalmio. 1. Call to order: The meeting was called to order at 7 :10 pm by President Hansen. 2. Adoption of the agenda: Absent any action to change agenda accepted as mailed. 3. Public Commentary: None. 4. Minutes: With some minor typographical corrections the minutes stood as mailed. Communications - vide infra. 5. Finance report and payment of bills: Motion to pay bills in the amount of $5,101.70. S/p unanimously. 6. Committee reports: Administration - none Budget and Finance - still waiting for legislative action. Building and Grounds - mailed Planning - see old business. Special Proj eats - Gail Nordstrom will do Lumberjack Days. Asian arts exhibit has been removed. Discovered that display case glass is not tempered; case will be removed from public area until situation is remedied. WCL Liaison Report - WCL has cut $55,000 and may cut an additional $55,000 from their budget. 7. Old Business: A. The SPL Fund stands at $247.21. A substantial portion of the June meeting will be devoted to a discussion of a meeting with Ms. Hauge and fund raising. B. Some Community Programming suggestions were proposed. [Note the evolution of the name.) C. Public Access Catalog - President Hansen noted that the PAC was not yet in evidence following his extended absence. D. With minor changes the Long Range Plan proposed in document A was adopted. The document as adopted is attached. E. Moved that the Director be authorized to adjust the 1990 budget items to meet net budget limit. Seconded; passed unanimously. 8. New Business A. Ability to c - Angl - A P1 The spans collect t in one or services policy [P Moved to meeting r assessed understoo establish B. Board Social future; communi 9. Presidents R 10. Directors a arge tuition in meeting room is Workshop ce to Call Home rs have asked to use the meeting room and to ition in the meeting room. If providing training more skills is understood to be selling a this would be contrary to adopted meeting room ragraphs 3.2.0 and 4.1.0]. llow the requested workshops to take place in the om on the condition that no charges or fees be r donations collected; further that this be to be an ad hoc action and it is intended that it no precedent. Seconded; passed unanimously. event to honor Sue Doe will be held in the near ation to announce details. port - none d other staff reports - handed out. 11. Adjournment - The agenda item being completed and no other business being before the Boar • President Hansen adjourned the meeting at 9:18 pm. STILLWATER TOWNSHIP Box 117 Stillwater, Minnesota 55082 May 30, 1991 Mayor Wally Abrahamson 216 North Fourth Street Stillwater, Mn. 55082 Dear Mayor Abrahamson, On behalf of the Supervisors, I thank you and the Council Members for being sensitive to the budgets of surrounding communities. The fee raises projected for the 1991 Fire Contract came as a shock and would have been a hardship to our Township. We sincerely appreciate it that you were able to re- consider the issue and leave the fee the same as 1990. Sincerely Yours, _� L ` J Jerry Hicks Chairperson Stillwater Township Board JH /kn • 004Esori Minnesota Department of Transportation O Z n ° Metropolitan District Transportation Building St. Paul, Minnesota 55155 • 4'?. OF TaP1 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No • June 3, 1991 City of Stillwater 216 North 4th Street Stillwater, MN 55082 ATT: Mr. David Junker Director of Public Works Dear Dave, SUBJECT: S.P. 8210 -81 (TH 95) Reconstruction of TH 95 Detour I want to thank you for taking the TH 95 detour over Myrtle St. and Co. Rd. #5 question to the council on May 28th. The State is concerned that TH 95 might not be reconstructed including bituminous surfacing before freeze -up if wet weather continues. The Contract provides for 95 working days to complete this work. Time would expire about October 20th if work had started on the Contract starting date (May 6th); there is less than 20% delay for weather and there aren't any other delays that affect the Contract controlling operation. As you may know, work was suspended the week of May 6th because of a rifle shot, and weather has caused more than a 20% delay so far. The Contractor has stated they will work on Saturdays if there is a rain day delay during the week. Considering the rain delay today, June 3rd, and the forecast for the remainder of the week, it appears there would be at least a day delay by Friday. Reconstruction of the TH 95 and TH 96 intersection is controlling progress of the project at present. An Equal Opportunity Employer David Junker ?age 2 June 3, 1991 Based on the aforestated reasons, it is requested that the council agree to the TH 95 detour over Myrtle St. and Co. Rd. #5/ be left in effect this coming weekend, June 8th and 9th. Sincerely, Leon C. Johnson Project Engineer MAY -31 -1991 08:51 FROM SEH INC. TO STILLWATER P.02 Ater. THE BIRTHPLACE OF MINNESOTA May 31, 1991 Mr. Dennis Carlson, P.E. State -Aid Engineer Minnesota Department of Transportation 420 Transportation Building 395 John Ireland Blvd. St. Paul, MN 55155 Dear Mr. Carlson: The City of Stillwater intends to finance the construction of S.A.P. 169- 104 -06 (Myrtle Street from west of Third Street to Main Street) and S.A.P. 169 - 106 -04 (Second Street from Chestnut Street to Mulberry Street); in accordance with the plans dated February, 1991, until the resolution of the variance request for right -of -way width as stated in City Resolution No. 91 -101. The City intends to use MSA funds pending resolution of the variance request. We trust this will meet the requirements of the State -Aid department. REM /cih Sincerely, ,'(;;;64 /T Richard E. Moore, P.E. City Engineer _ . _ ... nunlnmPh'•A C[•eA 1711!1\1[. C4O_AOO_k.0d MAY -31 -1991 08 :51 FROM SEH DEC S.A.P. 1 WEST MYRTLE STREET NORTH SECOND STREE WHEREAS, the Ci contract with Johns° 169- 104 -06 and S.A.P. WHEREAS, the Cit right -of -way width at WHEREAS, the var until the end of June WHEREAS, the Cit construction earlier NOW, THEREFORE, City of Stillwater w with City funds unti the City of Stiliwat project. ADOPTED BY THE CITY DAY OF JUNE, 1991. INC. TO STILLWATER P.03 RESOLUTION NO. ARATION OF FINANCING FOR 9- 104 -06 AND S.A.P. 169 - 106 -04 FROM MAIN STREET TO WEST OF THIRD STREET FROM CHESTNUT STREET TO MULBERRY STREET y of Stillwater wishes to enter into a Brothers Corporation to construct S.A.P. 169 - 106 -04; and of Stillwater has requested a variance for ted as Resolution No. 91 -101; and ance committee will not review this request 1991; and of Stillwater feels it imperative to begin or the welfare of the City; e it resolved, that the City Council of the 11 cause these two projects to be financed resolution of the variance at which time r intends to use MSA funds to pay for the OUNCIL OF THE CITY OF STILLWATER THIS 4TH Wallace L. Abrahamson ATTEST: Mary Lou Johnson, Cit Mayor Clerk \:(\3`)-1.. POC, O VCCC,1 \P1pN GPI � ..0•50 \ 5 f1)5 • vcso NG \\ �. � •� . S1 UN N�Nc' 0\14E51 VOLE OA 04- cP 0 OSS \BOSCpI • � ER \' \U\ • G PP JgS tA off. E.�_, 0 5 }• • 3i O tvl r 7 I-4E 54- L S9- .vIo�al N Acid «t-;tti I' 4o' ..t) ci cad I I )131+/07 a3soachid ,rvoloPbeet" v�aq. !!Nn ._ ..._pays- pm. 8 pio- aye, �pa�aadd•p pi gratin "r�9 / '"!J_dT_ n.b3dold i\niti341531J 1d hM3w o) • STATE OF MINNESOTA DEPARTMENT OF REVENUE Local Government Services Division Mail Station 3340 St. Paul, MN. 55146 -3340 May 30, 1991 To: Mayors of Cities and Chairs of Town Boards Your county board will be deciding by July 1, 1991 whether or not to impose a local option sales tax for 1992. This requirement results from a law passed by the 1991 state legislature. This letter: explains the provisions of the law authorizing the county board to impose a local option sales tax; explains the consequences of the board's decision not to impose the tax; and describes the procedures city councils and town boards can follow to reverse the decision of the county board. Local Option Sales Tax Under the law, an increase in the state sales tax rate of one -half percent automatically goes into effect July 1, 1991 and automatically expires on December 31, 1991. For the period after December 31, 1991, the law gives each county board the option of imposing a one -half percent local sales tax in the county. Thus, for the local option sale tax to take effect after December 31, 1991 each county board must act to impose the tax in the county. The county board must make its decision to impose the tax by July 1 of the year. The board must notify the Commissioner of Revenue of its decision by July 15. If the county decides to impose the tax, it will go into effect on January 1 of the next year. if it decides not to impose the tax by July 1 of this year, it will be automatically removed effective January 1, 1992. Once a board has decided to impose the tax, it remains in effect until it acts to rescind the tax -- unless cities and towns or voters take action to rescind the tax as described below. If the county board decides to rescind the tax prior to August 1 of any year the tax is removed on July 1 of the next year. If imposed, the local option sales tax will be collected by the Department of Revenue -- along with the state sales tax. All the administrative require- ments of imposing and collecting the tax -- including notification of retailers -- will be handled by the Department of Revenue. AN EQUAL OPPORTUNITY EMPLOYER continued... Consequences of not imposing the local option sales tax If your county decide the city, town, county county will not receiv • homestead and • disparity reducti • homestead and • supplemental h • disparity reducti • 25 percent of th • local governmen If the local governme service programs and eliminated because a sales tax, counties, ci limits to make up for credits listed above is Revenue from the loc account dedicated to fund. In addition, th revenue raised from t Reversing the decisio To reverse the decisi city councils and tow up a majority of the tax rescinded by the in cases where your councils and town bo and towns affects the resolutions no later t Commissioner of Rev In addition, beginnin by their county. To r with the county signe town in the county. at the next general el voting on the issue m If you have question Government Services Si cerely, Dor Com thy/.. \McClung isioher not to impose the local option sales tax for any year, and special taxing district governments within your payment of state aids in the following year for: gricultural credit aid (HACA) n aid and attached machinery aid gricultural credit guarantee mestead credit n credit base aid for county human service programs aid and equalization aid t aid to a city, town or county, or the aid for human the attached machinery aid to a county is reduced or county board decides not to impose the local option ies and towns are authorized to increase their levy he loss of these aids. The loss of the other aids and automatically made up through higher property taxes. I option sales tax will be deposited in a new trust the payment of state aid -- the local government trust law provides for the depositing of 25 percent of the e six percent state sales tax rate into the fund. of the county board n of a county board to impose or rescind the tax, the boards of cities and towns whose populations make unty's population must adopt resolutions to impose a ounty, or rescind a tax imposed by the county. Also, unty board never takes action to impose the tax, city rds can vote to impose it. The decision of the cities entire county. Cities and towns must enact their an August 1. The county auditor must notify the nue of the decision of the cities and towns. in 1993, voters can elect to rescind the tax imposed scind the tax, voters must begin by filing a petition by at least ten percent of the voters in each city and his requires the county to put the issue on the ballot ction. To rescind the tax, a majority of the voters st vote to rescind. , please call Rich Gardner of the Department's Local Division at (612) 296 -3155. n rats. „SaL" indicates 'wilding Sethack Line. Punt is street right- of- way, Wc' dedicated be on dedicated final plat. final Flat. "DE" indicates Drainage utility and Drainage easements to be dedicated on the final plat as directed by the City Engineer. eby Certity that this survey, Man or report was red by nie or under my direct supervision and that a duly Registered Land Surveyor under the Laws of tate of Minnesota. ia/m01915/N- -1 April 30, 1991 Reg. No. 13774 STACK LAND 9090 No. Fa Stillwater, tel: (612) SURVEYING iry Falls Road Minnesota 55082 439 -5630 ESrr 1-'5. Z.544* 0arzer A PROPOSED KEN SEEFERT MINOR SUBDIVISION SHEET 1 OF 2 SHEETS JOB NO: None CERTIFICATE OF SURVEY BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No 439 -5630 SURVEY MADE EXCLUSIVELY FOR: Mr. Ken Seefert, 10003 Mendel Road North, Stillwater, MN 55082 DESCRIPTION: Subdivision of an overall parcel described in Doc. No. 423441, Wash. Co. Records. See Sheet 2 of 2 Sheets for proposed descriptions. NOTES: • Indicates iron pipe found inplace. o Indicates iron set marked RLS 13774. Orientaion of this bearing system is per recorded desc. (Doc. No. 423441) This proposed subdivision requires the review and approval of the City Sra.4 ..mow✓ of Stillwater. swcoe. se*. SE.4' See. /6 -� -zo 700.00 Vv k! ao1 oo '9. 5r',v - "Ave. NW Cot . !i.L. 1, iki(i. .Ser. 2/ - -30 -zc N N89OS-9 /z.X/f4" 39.c.3.? 6/7.30 L3498 .' :S. :N M VI N NN \ ° h o ■ N N ,' 9.ee.ex A 4. 96 Ac. t Ms e. /V2 r 4'w TN.9bs. 2 - -7 (Q NOTE: / M9kr.. -4 7 6.33,4c. t �'v vl � ,;9g� MDSr /V4Y. OV,ly TsA ? , r VOL. #JZS /9\ off` 966 by 2:3 C,/#4 5�y Fez 7e z., 9 yv' I, Q . 5/3 027'43 �w 64./2ft o /l%\ 4 4 96 °moo F %w c'. /. M• Nom 1 /" = /00 ' ey Soil Test area locations and perc. rates to be provided by Mr. Ken Seefert for review and approval. Iron pipe monuments along the proposed subdivision line to placed after subdivision approval is obtained from the City of Stillwater. • I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date 5 -3 -89 Reg.No 1 3 7 7 4 • 0 Si ,N o o N z o m Z N o m IDRAWN BV James R. Hi I, inc. PLANNERS / ENGINEERS / SURVEYORS 2500 W. CTY. RD. 42 • BURNSVILLE, MN. 55337 • 612-890-6044 PRELIMINARY - SUBJECT TO REVISION WITHOUT NOTICE. '3N1 `1IIH 'a s3Wdr SN3CIHV0 3H1 NoIlIaaV aNZ N m m —4 0 cn w 1- m m u) '111 ^Z rg r r r r r" r- m 1 0 s \ 1 "J<t( 1'I T,,4 i L • J \ • \ f ,) / J ,' >\ \1) \\ \ \\ / ,D•., / \• \ \ i r:1 / rp - 1 \ \ \\ r� \\ :C \ \ \ o \ -4 =4 ,1 • t` \ S , \\ \ 0+ \ • \ 1' ■ \ 1 \ \ \ \ / i N \ N 1 \ / \ \ ro'y \ �, \ ,...0;;.X/ - 7 / '�01 \ (-2 �` , ......... \ y1 !1 �J 3� � \ \N"...1.\::\ /^ Z. / N 'ry 70i9:0 v 0 :.:_(:::.:_\,\3\ \ m \ \ \\ \\\, \\ • \ \ \\ • • \ ,\ \ il • �\ Q c3 \ \ \ \\ • \ •a \\ \ ° \ V \ , \• • \ , • • \ ll \ la \\ • • / / P \\ � V' • \ \\ .... 0 • \\ \� O \ \ •\ \! 64n \\ V. \ \ \ \ \ . \V�\ 1 \ i, �) \ \ \ \ \ D \ \\\\ \ N\ \ '1 :5 -.7 / \ \ \ 1 \ \ \ \ \ of , \_,-\ \ V - t"� \, ;rCA� Kin S fill% {�,) 9 \ \ 00` \ 'c,, \ \\ % 1 \ 'I \ \\ \ 3- ,r 0 PRELIMINARY • SUBJECT TO REVISION WITHOUT NOTICE. wf- 1N3W3SV3 0 o°' \- ()AK, TiT∎NNi 0 JSE \ • \ \ \ \ \ \• \ "� �s roc, \ \\ 1 Y \\ -J - -I L` I 'Az' r'Lti f 'J t p9 v =i ,, --I aNZ SN3QIJVJ 3H1 . D DRAWN BY James R. Hill, inc. 0 0 CT NO. m PLANNERS %* ENGINEERS / SURVEYORS 2500 W. CTV. RD. 42 • BURNSVILLE. 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