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HomeMy WebLinkAbout1991-04-02 CC PacketAGENDA STILLWATER CITY COUNCIL April 2, 1991 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA STAFF REPORTS 1. Finance Director 4. Comm. Dev. Director 7. Fire Chief 2. Public Safety 5. Parks & Recreation 8. 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 - Regular & Recessed Meetings - March 5, 1991 Special Meeting - March 12, 1991 Regular Meeting - March 19, 1991 INDIVIDUALS, DELEGATIONS AND COMMENDATIONS PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for the placement of a wall sign and projecting sign and a Special Use Permit to operate a small tearoom /coffee shop with a retail establishment at 232 South Main Street in the CBD, Central Business District. James Cummings, Applicant. Case No. SUP /V/91 -6. Notice of the hearing was published in The Courier on March 21, 1991 and mailed to affected property owners. 2. This is the day and time for the Public Hearing to consider a Special Use Permit to conduct a Karate Studio at 1754 -1798 Curve Crest Boulevard in the BP -I, Business Park Industrial District. James E. Kellison, Curve Crest Properties, Applicant. Case No. SUP /91 -7. Notice of the hearing was published in The Courier on March 21, 1991 and mailed to affected property owners. 3. This is the day and time for the Public Hearing to consider a Variance to the lot size requirements and a major subdivision of an approximate 5.0 acre parcel into eight lots ranging in size from 6,400 square feet to 10,800 square feet and a common open space area of approximately 2 acres located on Eagle Ridge Trail adjacent to Lake McKusick in the RA, Single Family Residential District. Tim Nolde, Applicant. Case No. V /SUB /91 -9. Notice of the hearing was published in The Courier on March 21, 1991 and mailed to affected property owners. 4. This is the day and time for the Public Hearing to consider a Concept Planned Unit Development for the construction of eight duplex attached single family dwelling units with a zero sideyard lot line. The proposed development is located on Eagle Ridge Trail adjacent to Lake McKusick in 1 the RA, Single Family Residential District. Tim Nolde, Applicant. Case No. PUD /91 -10. Notice of the hearing was published in The Courier on March 21, 1991 and mailed to affected property owners. 5. This is the day and time for the Public Hearing to consider a Variance to the sideyard setback requirements (thirty feet required, ten feet requested) and request for private access to an unimproved road at the Northeast corner of Third and Aspen Streets in the RB, Two Family Residential District. John and Heather Haug, Applicants. Case No. V /91 -11. Notice of the hearing was published in The Courier on March 21, 1991 and mailed to affected property owners. UNFINISHED BUSINESS 1. Resolution approving the issuance by the Washington County HRA of Single - Family Mortgage Revenue Bonds. 2. Council Decision on Alternate Bids for Downtown Improvements. NEW BUSINESS 1. Transfer of On -Sale Non - Intoxicating Malt Liquor License at Pizza Plus Ribs, 1975 So. Greeley St. to Theodore L. Robertson. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 91 -54). 2. Applications (list to be supplied at meeting) COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS /FYI 1. Northern States Power Co. - Electric Rate Increase. QUESTIONS /COMMENTS FROM NEWS MEDIA ADJOURNMENT 2 ONE YEAR REVIEW CASE NO. SUP/89 -31 Planning Commission Meeting: March 11, 1991 Project Location: Hooley's Parking Lot Comprehensive Plan District: Central Business District Zoning District: CBD Flood Plain: Yes Bluffland /Shoreland: Yes Applicant's Name: Casey Johnson, Stationmaster for the Stillwater and St. Paul Railroad, Minnesota Transportation Museum. Project Description: The second annual review of a Special Use Permit for the placement of a temporary ticket trailer for Minnesota Transportation Museum Train rides from Hooley's (Cub Foods) Parking Lot. Discussion: The request is to place a temporary trailer ticket window along with several portable toilets on the east side of Hooley's (Cub parking lot) for the 1991 • season of the MTM train. The booth location as shown on the site plan is the same as last year. There have been no problems with the MTM ticket booth use and the train boarding area. The train use problems have been minimal in the City limits of Stillwater as stated on the attached letter from Ms. Johnson. CONDITIONS OF APPROVAL: 1. No off -site signage shall be allowed without permits. Signage of the ticket office is limited to four square feet. 2. The MTM shall clean up brush and railroad ties along railroad line to Highway 95 before June 1, 1991. 3. The ticket booth shall be removed by November 1, 1991. 4. This permit shall be reviewed by March 1992 for the 1992 season. RECOMMENDATION: Approval for 1991 season. ATTACHMENTS: - Site Plan - Letter from Minnesota Transportation Museum, Inca - Letter from Cub Foods. PLANNING COMMISSION RECOMMENDATION: Approval with one year review. (March 1992) ?lrj i Minnesota Transportation Museum, Inc. i lI : . 1 1 P.O. Box 1796, Pioneer Station, St. Paul, MN 55101 -0796 • �. •# Accredited by the Minnesota Historical Society TO: Steve Russell, Stillwater Planning Committee FR: Minnesota Transportation Museum RE: Placement of Ticket Wagon for the 1991 season DA: March 1, 1991' The Minnesota Transportation Museum, owners of the Stillwater and St. Paul Railroad would like to place it's ticket trailer at the end of the pavement on the NE side of the downtown Cub Management parking spaces. Included with this communication is a letter from Roger Ruetten, Manager of Expense Control and Administration for Cub Foods which gives the Museum permission to use this area. For the 1990 train season, the Stillwater and St. Paul Railroad carried 25,000 passengers. Each operating season ridership has increase. Some problems that the railroad encounter in the 1990 season: Truck/ Train collision at the railroad crossing on Myrtle Street in front of Hooleys Ticket trailer break -in on two different week -ends Complete break -down of the two diesel engines- passengers . transported back to downtown area by bus Our set -up date would be the middle of May 1991. If you need further information, please call me at: Work: 771 -5401 or Home: 772 -2766 Thank you CaseyUTohnson Station Master for the Stillwater and St. Paul Railroad • Toad A1•rj • ve.r. • 1 Fri 1 mair• I (ins 1,5 5i.•PI AK February 13, 1991 Cub Foods Mr. Aaron Isaacs, President Minnesota Transportation Museum, Inc. 3816 Vincent Avenue South Minneapolis, MN 55410 Dear Mr. Isaacs: This letter is to confirm our conversation regarding your museum transportation trailer. We agreed that you could place your trailer on the northeast end of the Cub Foods parking lot. This would be east of the present railroad tracks. My understanding is that you would place this trailer at this location for the summer months only. Please contact your insurance carrier and issue us a certificate of insurance. You also agreed to provide portable toilets for your riders' use. You indicated that you were going to be presenting this to the city of Stillwater for approval. If you have any further questions, please feel free to contact me. Sincerely, Roger Ruetten, Manager of Expense Control & Admin. RR /sam cc. Rick Krueger Tom Thueson 1237RR 127 Water Street • P.O. Box 9 • Stillwater, Minnesota 55082 -0009 • (612)-439-7200 . GENERAL DESCRIPTION OF MINNESOTA TRANSPORTATION MUSEUM SITE IN STILLWATER The site consists mainly of a small ticket trailer placed at the end of the pavement on the NE side of the Cub parking spaces that border Lowell Park. The space used by the trailer includes the last two marked parking spaces. MTM is also allowed to use the Cub Management parking spaces north of Myrtle St. on Saturdays and Sundays for our customers (and the public). We rent three portable toilets during the summer, which are also available to the public during the week. These are located about one half block north of the ticket trailer, next to the short east -west road that goes down to the river. The excursion train usually stops just north of the ticket trailer to board and deboard passengers and small portable steps are positioned next to the main track to aid our customers. The boarding area is roped off from the parking /drive— through area by several portable metal posts, connected by a cord. • • THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: STEVE RUSSELL FROM: HERITAGE PRESERVATION COMMISSION DATE: APRIL 2, 1991 SUBJECT: WORKSHOP FOR PRESERVATION COMMISSIONERS Jeff Johnson, Katherine Francis, and Bob Kimbrel would like to attend the April 20, 1991 Workshop for Preservation Commissioners at Fort Snelling. You have been scheduled to attend the workshop on April 19, 1991. RECOMMENDATION: Council approval for you and the three individuals to attend the workshop. The total cost is $60.00. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 • Registration Form Workshop for Heritage Preservation Commissions April19- 20,1991 Fort Snelling History Center Name Address Daytime Phone Organization Reservation Deadline: Monday, April 15, 1991 Friday, April 19, 1991 Certified Local Government Session for staff and others responsible for coordinating CLG grants (1 -3:30 p.m.) Number attending session Tour of Historic Stillwater (optional) Depart Fort Snelling 3:45 p.m. Return approximately 8 p.m. Number attending tour Saturday, April 20, 1991 HPC /CLG Workshop Registration fee: $15 (Includes lunch) Number attending workshop Registration Fee $15: Includes Friday tour, Saturday sessions and luncheon. Return registration form and check (made payable to the Minnesota Historical Society) to: Michele Decker Fort Snelling History Center St. Paul, MN 55111 For further information contact Michele Decker at (612) 726 -1171. DEPARTMENT STAFF REQUEST ITEM Fire MEETING DATE April 2, 1991 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request permission to purchase a new printer for Fire Dept. computer, at a price of $239.96. Asavings of $105.00 over next price offered. 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) Cost contained within the Capital outlay budget. ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WOKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN DER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY DATE March 27 1991 / LG220 3 Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License Fill in the unshaded portions of this application for exemptian and send it in at least 45 days before your gambling activity for processing. FOR BOARD USE ONLY FEE CHK INIT DATE ■.■ •,:3,:;i3,:f.::::::::::•:•:43:3:3l, '3::,,Ale.',,,,.._••?elf.:::::::•:::::3:::;:i:::•:;;•• • • :••• • ..:.:,..,,:.x.x.:.:::.:.:.*:.:::::::.:.:.:.:.,:.*:.:::::::::.:::::;:::::::::;:::::::::;.:::::::::::::::::::::::;::::::.:::„„„„„::::::::::::::::::.;,:::::::::::::::::.:.::::::::::::::::::::..i::*:::::::::::..:::::::;::::::::::::.:::::::::::::::::::::::::::::::::::::::,;::::::::::::;::,:;,::::::::::::*::::::,:f.:mmo MO. aMSS- :" ..."..........'....-.........................................'..........s..............:.....................‘.......................-:.:":::::::.::.::::::::::::::::::::::::::-..:**.:"...-7---- ''''' Organization Name Current/previous license number Currentlpreyjous exempt number it ,it t ;`;--i- t si , rvispi r‘li •Z ‘-':',--P1,-,,l'i C. Liiur-41-: 0 i 1 5-S- A A i ' A 4 Street N./ ,. City . State : ..:: Zip code County V V 44 v L4vi zi ()-1 9 . .5-0-:, .) i , 4 i cl ,, , Chief executive officer / Phone Treasurer Phone ( 4: -';.4.---- 447.:"'! ( 0.-.1...;, ) • • ............... .............. ........................... ChecIrthe box below which indicates your type of organization LJ Fraternal U4 Religious El Veterans 1:1 Other non-profit Gambli • Name of site where activity will take place f$ 1111:1 t- Street City ) • ; Township Attach proof of nonprofit status which shows that your organization is nonprofit o IRS designation El Certification of good standing from the Minnesota Secretary of State's office o Affiliate of parent nonprofit organization (charter) :e4 fr State MN i Zip cotle r fres County Date(s) of activity Tipboards Pull-tabs ing WI • was .............. I declare all information submitted to the Gambling Control Division is true, accurate, and complete. Chief executive officer's signature : Date Local :Government :: a I have received a copy of this application. This application will be reviewed by the Gambling Control Division and w II become effective 30 days from the date of receipt by the city or county, unless the local govemment passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Division within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County City or county name Township Township name Signature of person receiving application 6-4' (-is "1. 1 Title / Date received White Board Pink— —Organizadat Yellow, —Board returns to Organization to complete shaded areas Gold — City or County Signature of person receiving application Title Date received Mail with $25 permit fee and copy of proof of nonprofit status to: Department of Gaming - Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville. MN 55113 '4 REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 5, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: Press: Others: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell Parks Supervisor Thomsen Public Works Director Junker Public Safety Director Mawhorter Library Director Bertalmio City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette James Kellison STAFF REPORTS 1. Finance Director - No report. 2. Public Works Director - Removal of Tree on Mulberry St. Mr. Junker reported to Council that a cottonwood tree will be removed on Mulberry and Fifth Streets before street construction begins on Mulberry Street. Advertisement for Bids - 1975 Ford Truck Chassis Motion by Councilmember Bodlovick, seconded by Councilmember Funke to reject all bids and readvertise for bids for the sale of the 1975 Ford Truck chassis. (All in favor). 3. Community Development Director Rivertown Restoration Meeting Mr. Russell stated the Planning Dept. has been requested to attend the Rivertown Restoration meeting on March 7 to present the Downtown Plan. Council agreed with this request. Down Town Parking Task Force Mr. Russell presented a memo from the Task Force requesting the Council to consider elimination of increase ticketing of first, second and third 1 Stillwater City Council Minutes Regular Meeting March 5, 1991 offenses and have straight ticketing, therefore increasing visibility of parking enforcement; also to have the parking program be in effect seven days a week. New signs would have to be purchased at a cost of $2,000 to $2,500. Council decision is to stay with the present parking program which covers six days. No action was taken at this time regarding the ticketing of first, second and third offenses. 4. Parks Supervisor Stillwater Art Fairs - May 18 & 19 and Oct. 5 & 6, 1991 Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for the use of Lowell Park on May 18 -19 and Oct. 5 -6, 1991 for art fairs by Joan Traver, representing Stillwater Festivals. (All in favor). Purchase of Four Drinking Fountains for Stillwater Parks Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request to order and purchase four drinking fountains for Lily Lake, Staples, and Croixwood Parks at a cost of $5,000. (All in favor). Lighting for Lily Lake Ice Arena Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the request to have Greeder Electric install adequate lighting for the outside parking lot of Lily Lake Ice Arena at a cost of $2,500. (All in favor). March of Dimes WalkAmerica Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the use of the Lowell Park Gazebo and proposed route for the March of Dimes Birth Defects Foundation WalkArerica in Stillwater on April 28, 1991. (All in favor). 5. City Attorney - Curve Crest Properties II Assignment & Subordination Agreement Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution approving the Assignment & Subordination of and Amendment to Development Contract and Assessment Agreement for Curve Crest Properties II and authorizing the Mayor and Clerk to sign said document. (Resolution No. 91 -36) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Purchase Agreement for Glacier Park Property Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution approving the Purchase and Sale Agreement and Addendum for the purchase of the Glacier Park property; authorizing Mayor and 2 • Stillwater City Council Minutes • Regular Meeting March 5, 1991 • Clerk to sign and forwarding the $50,000 earnest money. (Resolution N 91 -37) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 6. Library Director - Summer Concerts in Lowell Park Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request for outdoor concerts in Lowell Park on July 3, 10, 17, 24, 31 and August 7, 14, and 21, 1991; and also a Permit to Consume for the sale of beer, and permission to sell refreshments and T shirts during the concerts. (All in favor). Library Capital Outlay Budget for 1990 Discussion followed regarding items requested by the Library from the Capital Outlay Budget for 1990. These items included interior lighting, ten additional chairs and a microfilm reader /printer. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the 1990 Capital Outlay requests for the Library with a ten per cent reduction. (All in favor). Discussion of Cuts in Local Government Aids Council discussed several communications received regarding the Governor's Budget analysis and the effect on cities. Motion by Councilmember Farrell, seconded by Councilmember Funke directing Staff to draft a resolution opposing further cuts in State Aid to Cities; and presenting this resolution at the next meeting for Council review. The resolution will then be sent to the Governor and Legislators. (All in favor). Recycling Containers Mr. Kriesel noted that the process is beginning for the purchase of recycling containers and that it would cost an additional $230.00 to have the containers numbered. Council concurred. Special Council Meeting - March 12, 1991 Council set a Special Meeting for Tuesday, March 12, 1991 to discuss the Personnel Policy as it relates to Exempt Employees. Report from PCA Regarding Ground Water Testing at Old Landfill Mr. Kriesel reported an initial- report has been received regarding this testing to determine if there is any ground water contamination. 3 Stillwater City Council Minutes Regular Meeting March 5, 1991 RECESS Council recessed the meeting at 5:30 P.M. to Executive Session. ATTEST: CITY CLERK MAYOR Resolutions: No. 91 -36 - Assign. & Subordination of & Amendment to Development Agreement, Contract and Assessment Agreement, Curve Crest Properties II. No. 91 -37 - Approve Addendum to Purchase & Sale Agreement, Glacier Pk. Property. 4 • • RECESSED MEETING STILLWATER CITY COUNCIL MINUTES March 5, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: Press: Others: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Peters Comm. Dev. Director Russell City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Steve Fiterman, Al Ranum, Karl Ranum, Eric Ranum, Richard Kilty, Leonard Feeley, Tom O'Brien. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of February 12, and Regular Meeting of February 19, 1991. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS UNFINISHED BUSINESS 1. Land Use Study to determine feasibility of using the 30 ft. west portion of No. William St., north of Linden St. for access to a vacant 12,000 sq. ft. lot in the RB, Duplex Residential Dist., Al Ranum, Property owner. Comm. Dev. Director Russell summarized the request of Mr. Ranum to use No. William St., north of Linden St., for access to vacant Lots 6 & 7. It was referred to the Planning Commission and continued several times as requested by the applicant to review engineering costs. The request has been reviewed by the Fire Dept., Water Dept., and Street Dept. The Planning Commission recommended the use as requested with conditions that the 24 ft. street be constructed to City standards; an eight in. sewer main and manhole be constructed; a six in. watermain be constructed with fire hydrant located according to Water Dept. standards; any development on vacant lots shall meet zoning requirements; if other lots are developed, Lots 6 & 7 would share in cost of improving the road; and Fire Dept. access to Lots 6 & 7 shall be approved by the Fire Chief. Karl Ranum, representing Al Ranum, summarized their request. He stated they may want to put a duplex on that property and the City Engineers have 1 Stillwater City Council Minutes Recessed Meeting March 5, 1991 recommended substantial improvements at an approximate cost of $21,000. His estimates run from $4,500 to $6,500. They do not believe the Engineers improvements are necessary at this time. Gary Gehrman, 512 Park Place, stated concerns regarding ravines and development of ravines. He stated there has been dumping in these ravines and asked that they be protected. Mayor Abrahamson noted that a letter had been received from Betty and David Vesall, 709 W. Linden St., stating they are in opposition to the request of the Ranum's because it would increase traffic and be very undesirable to the occupants in the Thueson residence and the home on the east side. Dale Johnson, whose property adjoins the applicants, is concerned that a duplex will add traffic to the neighborhood. He also stated concerns that the applicant clean up his property and remove junk. A discussion followed regarding rear and side setbacks. Richard Orthmeyer, 726 W. Linden St., stated he also has a lot in this area and if the Ranum's build, he may do the same. Meg Orthmeyer, 726 W. Linden St., asked who will maintain the driveway and stated the Ranum's have not maintained their property in the past. Mr. Gehrman again stated that the ravines should be protected. Mr. Ranum stated only one duplex would be built. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Bodiovick to grant Al Ranum permission to use the 30 ft. west portion of No. William St., north of Linden St. for access to a vacant 12,000 sq. ft. lot in the RB, Duplex Residential Dist. as conditioned with costs for driveway, water and sewer to be absorbed by applicant; and a contract to be drafted by the City Attorney protecting the City from any liability. Also, the property is to be kept in a clean and orderly state. (All in favor.) Council suggested that a workshop should be scheduled to discuss regulations regarding development of ravines. Meg Orthmeyer asked what will happen to the other half of the vacated street. City Attorney Magnuson stated that the part not being used as a driveway will be maintained by the City. Council recessed for five minutes and reconvened at 8:25 P.M. 2 • • Stillwater City Council Minutes Recessed Meeting March 5, 1991 2. Possible Approval of Development Agreement - Highlands of Stillwater (Benson Farm Property). Mr. Russell explained the proposed Development Agreement for the Highlands of Stillwater project and noted two corrections to the Conditions of Approval, Exhibit "B ", No. 3 - in lieu park fee shall be paid before the Fourth Phase is recorded; and No. 4 - the west 150 ft. of park site shall be deeded to the City within 60 days of receiving written request from the City or with Phase IV final platting, whichever occurs first; and construction of the water project within 90 days of receiving deed to property. City Attorney Magnuson discussed the security required and whether cash or Letter of Credit should be required. Also discussed was whether assessments should be allowed to be put in escrow and authorization to build four model homes with the developer indemnifying the City for any problems. The City Council agreed to these conditions, with no certificate of occupancy to be given until the improvements are in. Mr. Fiterman stated they would construct the hammerhead in Phase I along with doing the two Pine Tree Trail lots in Phase I and will agree to put in improvements to increase the water pressure on Pine Tree Trail with Phase IV. Mr. Fiterman also presented a petition for improvements. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the Development Agreement for the Highlands of Stillwater (Benson Farm) with the corrections and conditions recommended by City Attorney Magnuson. (Resolution No. 91 -38) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - Councilmember Farrell Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution accepting the petition for public improvements, determining it is sufficient and ordering the City Engineers to prepare a feasibility study for the Highlands of Stillwater, Phase I. (Resolution No. 91 -39) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Resolution placing Maxine Benson's property in a rural Taxing District. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution placing the property of Maxine Benson in the Rural Taxing District. (Resolution No. 91 -40) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3 Stillwater City Council Minutes Recessed Meeting March 5, 1991 4. Final Subdivision Approval for seven lot Oak Glen 10th Addition located in the Single Family Residential Dist. on Oak Glen Trail and Oak Glen Drive, David Johnson, Applicant. Mr. Russell explained there are two locations for this plat -- one site contains three lots and the other contains four lots. The lot configuration is consistent with Preliminary Plat approval. The City Engineer has recommended a utility easement between Lots 2 and 3 of Block 2 be widened to accommodate the utilities that are currently in place. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Final Plat, including the recommendation for drainage and utility easements, for the Oak Glen Tenth Addition. (All in favor). 5. Review of Sign Plan for River Heights Auto Mall. Mr. Russell presented a videotape of the proposed project area and compared the proposed signs to other signage in the area. He stated the developer and some of the tenants are concerned about the limits that are being placed on the amount of signage and are requesting additional signage -- Kennedy Transmission, Tires Plus, ABRA and Big Wheel Rossi -- in addition to type of signage. Mr. Margolis, Developer, and representatives of the various firms were present to further explain their plans. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the sign plan for the River Heights Auto Mall with a coordinated sign plan for the project to be reviewed and approved by the Community Development Director; also, the following conditions of approval: (All in favor) A. Tires Plus 24" individual letter sign on front (south) of store. Tires Plus 18" individual letter sign on east side; 24" x 22' car sign with tire products. B. Kennedy Transmission - 2'8" x 11'6" cabinet sign. C. Car Care - 25 sq. ft. of individual letters 24" maximum letter size. D. Croix Valley Glass - 12 sq. ft. individual letters (as proposed). E. ABRA - 56 sq. ft. 24" individual letter sign. F. Big Wheel Rossi - 48'sq. ft. car sign as proposed - approved. 6. Update on Downtown Improvement Projects meetings. The City Engineers presented a revised schedule for Downtown Improvements as follows: Receive Bids March 22, 1991 Council review Options March 26, 1991 Council authorize Assessment Hrg. April 2, 1991 Council conduct Assess Hrg. April 18, 1991 Council award Contract May 21, 1991 4 • • Stillwater City Council Minutes Recessed Meeting March 5, 1991 Council discussed televising the meetings where review of options are made and the Assessment Hearing. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to schedule a Special Meeting for March 26, 1991 at 7:00 P.M. to review options and make a decision on alternates; and to hold an Assessment Hearing on April 18, 1991 for the Downtown Plan and to have both meetings televised. (All in favor). Richard Kilty, 118 W. Oak St., asked why the survey regarding Downtown Improvements was taken. Mr. Russell replied this was taken to get the impression of the people attending the workshop meetings and to provide City Council members with input regarding the option of whether or not to add the alternatives. Mr. Kilty stated the tax levy is too nigh. Mr. Russell stated there will also be more information regarding TIF funding at the March 26 meeting. 7. Response to Lowell Inn request for Downtown Improvements. Consulting Engineer Peters presented a letter from Consulting Engineer Moore regarding the request of Arthur Palmer for the burying of cable on Second St. between Mulberry and Myrtle Streets. Mr. Moore stated it would cost approximately $25,000 to bury the utility. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to table a decision on the request of Arthur Palmer, Lowell Inn, to have the City participate in the installation of an underground electric utility on Second St. between Mulberry and Myrtle Streets until bids have been received and decisions made regarding the Downtown improvements. (All in favor). 8. Discussion of No Wake Zone ". Mr. Kriesel stated the Stillwater Yacht Club has volunteered to help in placing the buoys for the "No Wake Zone ". The cost for the placement of six buoys would be approximately $750 - 1900. Motion by Councilmember Funke, seconded by Councilmember Opheim to adopt the appropriate resolution accepting the recommendation of the Port Authority to establish a No -Wake Zone in the St. Croix River adjacent to the Downtown Area with a speed limit of five miles per hour, and signage to be placed at launch ramps alerting boaters on the river. (Resolution No. 91 -41) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None A representative of the Yacht Club suggested signage should be placed in the launch area and the "No Wake Zone" should be advertised in various newsletters for boaters on the St. Croix. 5 Stillwater City Council Minutes Recessed Meeting March 5, 1991 CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of March 5, 1991, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 91 -34). Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. The following Contractors and Taxi Licenses. CONTRACTORS APPLICATIONS DLC, Inc. General Contractor Renewal 1404 Meadowlark Dr. Stillwater, Mn. 55082 El View Construction, Inc. General Contractor New 8401 73rd Ave. No. Brooklyn Park, Mn. 55428 Gabler Bros. Painting Painting Renewal 1018 W. Olive St. Stillwater, Mn. 55082 Ken Spaeth Masonry, Inc. Masonry & Brick Work Renewal 108 Meadowlark St. Michael, Mn. 55376 TAXI LICENSE Wee Chauffeur, Inc. P.O. Box 712 Hudson, Wi 54016 Renewal 3. Request for Waiver of Garbage & Rubbish Collection Charge, Admin. Code No. 7 -275. COUNCIL REQUEST ITEMS Sale of Old Crane on Aiple's Property. Motion by Councilmember Funke, seconded by Councilmember Opheim to advertise for bids for the old crane located on the Aiple property and to have it removed within a sixty day time period. (All in favor). Charter Commission A short discussion followed regarding the Charter Commission and the proposed work list they will be looking at. STAFF REPORTS (continued) Purchase of Civil Defense Warning Sirens 6 Stillwater City Council Minutes Recessed Meeting March 5, 1991 Motion by Councilmember Funke, seconded by Councilmember Opheim to purchase and replace Civil Defense Warning sirens as proposed at a cost of $21,770.00. (All in favor). Junker Sanitation Proposal for Volume Based Fees Mr. Junker submitted a letter stating they are rescinding the proposal presented at the meeting of January 3, 1991. COMMUNICATIONS /FYI 1. Mary Huss, Minn. M.S. Society - "Ride Across Minnesota ", August 2, 1991. Council noted the letter received. No action was taken. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 9:50 P.M. (All in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 91 -34 - Directing Payment of Bills. No. 91 -38 - Approval of Development Agreement - Highlands of Stillwater. No. 91 -39 - Accept Petition & Order Feasibility Study, L.I. 273. No. 91 -40 - Placing Maxine Benson's property in Rural Taxing Dist. No. 91 -41 - Establishment of "No Wake Zone" in St. Croix River. 7 SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES March 12, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Peters Comm. Dev. Director Russell Parks Supervisor Thomsen Public Works Director Junker Public Safety Director Mawhorter Building Official Zepper Fire Chief Seim City Clerk Johnson Press: Julie Kink, The Courier Others: Iry Margolis, Al Augustine, Terri Gallas 1. Final Plat Approval for Orleans Terrace 2nd Addition subdividing two lots into three lots of approximately 44,914 sq. ft., 162,064 sq. ft and 90,190 sq. ft. located on the northeast corner of County Road 5 and Orleans Street in the R -A Single Family Residential, PUD, Planned Unit Development District. Washington County HRA, Applicant. Community Development Director Russell explained the property boundaries shall be adjusted to the construction plans and a new sanitary sewer easement should be clearly marked and the old one eliminated. Also, access to Outlot "A" shall be only from the adjacent lot on the corner of W. Orleans and County Rd. 5 and not from County Rd. 5. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to grant Final Plat Approval for Orleans Terrace 2nd Addition subdividing two lots into three lots of approximately 44,914 sq. ft. 162,064 sq. ft. and 90,190 sq. ft. located on the northeast corner of County Road 5 and Orleans St. in the RA Single Family Residential Dist., PUD, Planned Unit Development Dist., as conditioned, Washington Co. HRA, Applicant. (All in favor). 2. Final Plat Approval for 60 unit Residential Condominium Subdivision, Orleans Terrace Condominiums located west and south of Cottage Drive in the RA, Single Family Residential, PUD Planned Unit Development District. Washington County HRA, Applicant. • Stillwater City Council Minutes March 12, 1991 Special Meeting Mr. Russell summarized this request, stating the Final Plat is consistent with the Preliminary Plat and further listed the conditions. He added that the old sanitary sewer easement should be eliminated from the plat and the new easement should be clearly marked. Motion by Councilmember Bodiovick, seconded by Councilmember Funke to grant Final Plat Approval for a 60 unit Residential Condominium Subdivision, Orleans Terrace Condominiums located west and south of Cottage Dr. in the RA, Single Family Residential, PUD Planned Unit Development Dist., as conditioned, Washington Co. HRA, Applicant. (All in favor). 3. Resolution Approving Assessment Reapportionment for the Augustine /Margolis Property. Finance Director Deblon explained this request. Iry Margolis and Al Augustine were also present. Part of this property has been developed as the River Heights Auto Mall. Mr. Margolis stated the property identification number boundaries run north /south and the auto service center property was not previously split. They would like to leave the residential area as is for the time being, defer assessments on this parcel and pay the '90 and '91 assessments on the auto service center parcel. Discussion followed regarding this request. Staff and Council stated the request for deferment of assessments is a separate issue and the reapportionment will be completed first. Motion by Councilmember Bodiovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Assessment Reapportionment for the Augustine /Margolis property, Parcel No. 9033 -2356 (River Heights Auto Mall). (Resolution No. 91 -44) Ayes - Councilmembers Bodiovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Discussion of Work Schedule Policy for Exempt Employees. Councilmember Bodiovick reported that she, Councilmember Funke and City Coordinator Kriesel met with Cy Smythe, a Labor Relations consultant, to determine a policy covering the Exempt Employees work schedule. Also discussed was the possible requirement of contracts for Exempt Employees. Mr. Kriesel will contact Mr. Smythe regarding the language for employee contracts. Council will meet with the Department Heads /Exempt Employees at another meeting. Motion by Councilmember Bodiovick, seconded by Councilmember Funke to adopt the appropriate resolution replacing present Article 3 of the Personnel Policy as it relates to Exempt Employees with the language recommended by Consultant, Cy Smythe and explained in the memo by City Coordinator Kriesel, i.e. Exempt employees shall schedule themselves so as to accomplish their assigned duties 2 • • • Stillwater City Council Minutes March 12, 1991 Special Meeting and make themselves available at such times so as to facilitate the performance of their jobs, but may on an occasional basis, work more or less than an eight -hour day. (Resolution No. 91 -45) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None The Comparable Worth analysis recommended by Mr. Smyth was also discussed. Mr. Kriesel will get estimates of the costs involved and report to Council. 5. Discussion on reorganization of Planning and Building Inspection Departments. Councilmember Funke presented a memo from Richard Brooks, State Director of Building Codes & Standards, who stated that it is preferable to keep building inspection operations as a separate unit from other City departments in smaller cities. Community Development Director Russell commented that Building Inspection is highly related to the Planning Dept. Presently, he spends ten to fifteen percent of his time coordinating the two departments. Discussion also included relieving Mr. Russell of his workload, but, on the other hand, this change would increase Mr. Kriesel's workload. Councilmember Opheim emphasized that a procedure be followed, such as a check -off list for all departments that are affected or affect the Building Dept. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to separate the Building and Planning Depts. and to have a check -off system between Fire, Building, Planning, and Public Works Depts. when reviewing plans and issuing building permits. (All in favor). Council stated this plan can be reviewed if it does not work properly and there must be complete cooperation between all departments. 6. Possible appointment of new members to Port Authority; and Park and Recreation Commission. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the appointment of Earl Olson to the Port Authority, replacing Erle Orff, who is deceased. (All in favor). Council will discuss the appointment to the Park and Recreation Commission at the next meeting. Other Business Downtown Plan Improvements Timetable Mr. Kriesel presented a revised timetable for the Downtown Plan Improvements which follows: Stillwater City Council Minutes March 12, 1991 Special Meeting Council order preparation of Assessment Roll and order Assessment Hearing City receive bids Council review bids (4:30 P.M.) Council make decision on options and alternatives Council conduct Assessment Hearing and adopt Assessment Roll Council award contract March 19, 1991 March 22, 1991 March 26, 1991 April 2, 1991 April 16, 1991 May 21, 1991 Council concurred with the revisions and noted that the meeting on March 26, 1991 will be at 4:30 P.M. They asked that the schedule be publicized. TIF financing for the plan will be discussed at the meeting on March 19, 1991 at 7:00 P.M. Resolution Opposing Further Cuts in State Aid to Cities Motion by Councilmember Farre-T1, seconded by Councilmember Funke to adopt the appropriate resolution opposing further cuts in State Aid to Cities. (Resolution No. 91 -43) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council requested this resolution be sent to County Commissioners as well as State Legislators. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adjourn the meeting at 5:34 P.M. to Executive Session. (All in favor). ATTEST: CITY CLERK 4 MAYOR • • • Stillwater City Council Minutes • March 12, 1991 Special Meeting Resolutions: No. 91 -43 - Opposing Further Cuts in State Aid to Cities. No. 91 -44 - Reapportionment of Assessments - Augustine Property. No. 91 -45 - Exempt Employees Work Schedule. • REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 19, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: Press: Others: City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Planning Comm. Chair Fontaine City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Rebecca Farniok, Dave Paradeau, Stella Casanova, Sen. Gary Laidig, Rep. Harriet McPherson, County Commissioner Sally Evert, James Lund, Col. John Cox, James Lund, Todd Hansen, James Poynter. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Minutes of the Special Meeting of February 26, 1991, as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Discussion of Upcoming Legislative Session - State Senator Laidig, Representatives McPherson and Swenson. State Senator Gary Laidig and Representative Harriet McPherson were present to discuss and answer questions regarding upcoming legislative concerns. Some of the items discussed were cuts in Local Government Aids, restructuring of the property tax system and state mandates for cities without funds to finance them. 2. a. Rebecca Farniok, Vineland Nat'l. Center - Request for Pull -Tab Operation at Trumps Deluxe Grill & Bar. b. Discussion of Designation of Donations from Gambling Operations. Ms. Farniok explained that Vinland National Center is a non - profit rehabilitation agency that helps persons with disabilities. They wish to set up a Pull -Tab gambling operation at Trump's Deluxe Grill and Bar on Main St. to help support their agency. 1 Stillwater City Council Minutes March 19, 1991 Regular Meeting City Attorney Magnuson addressed the designation of City funds received from the profits of Pull -Tab operations and requested Council input for such designation. Council stated they would designate these funds for any lawful purpose and could possibly change the designation from time to time. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution directing the City Attorney to draft regulations for designation of funds procured from gambling operations and submit for Council approval. (Resolution No. 91 -53) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution granting a Gambling License for the Vinland Nat'l. Center at Trumps Deluxe Grill and Bar. (Resolution No. 91 -48) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. David Paradeau - Request for City Support for Zephyr & MTM Mr. Paradeau stated some of the residents adjacent to the railroad track being used by the Minnesota Zephyr dinner train and Minn. Transportation Museum train have petitioned Washington County to alleviate the use of the track. He asked for City support for the use of the track by the two trains. Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize the Downtown Action Committee to send a letter to the County in support of the operation of the Zephyr and Minnesota Transportation Museum; and also to draft a letter on behalf of the Council in support of the operation of the trains. (All in favor). STAFF REPORTS 1. Public Works - No report. 2. Public Safety Director - Chief Mawhorter stated a resident has issued concerns regarding commuters parking cars on Croixwood Blvd. in the morning. These cars are blocking the view of the intersection and he has requested "No Parking" signs be placed at the intersection. Council and Staff discussed the promotion of "Park and Ride" areas and Mr. Russell will contact the pastor of the church on County Rd. 5 to see if they will allow use of their lot for this purpose. 2 • • Stillwater City Council Minutes March 19, 1991 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adopt the appropriate resolution authorizing the placement of No Parking Anytime signs on the north side of Croixwood Blvd., 100 ft. east'!and west of Pinehurst Lane. (Resolution No. 91 -49) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Councilmember Bodlovick requested the Police Dept. to check on a camper -van which has been parked on Owen and Olive Streets for some time. Stella Casanova stated a concern for jaywalking on Main St. and in particular, a woman who jaywalks across Main St. with a walker. Mayor Abrahamson stated he would look into this. 3. Consulting Engineer - Improvement of Mulberry St., L.I. 254 Mr. Moore stated plans for a variance were submitted and approved on the District level. 4. Finance Director - No report. PUBLIC HEARINGS 1. This is the day and time for the continuation of the Public Hearing to consider a Variance and Special Use Permit for the construction of a garage addition on an existing substandard structure (one foot seven incises from the property line, thirty foot setback required) for a residential use in an accessory structure at 115 No. Harriet St. in the RB Two - Family Residential Dist., James Lund, applicant. Case No. SUP /V/90 -73 Notice of the hearing was published in The Courier on March 7, 1991 and mailed to affected property owners. Mr. Russell briefly summarized this request. Planning Comm. Chair Fontaine stated the Planning Commission felt the applicant has a hardship because the house does not have a basement and approved the request. Council discussion included the fact that the extra space could be added to the house. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to grant a Variance and Special Use Permit for the construction of a garage addition on an existing substandard structure (one foot seven inches from the property line, thirty foot setback required) for a residential use in an accessory structure at 115 No. Harriet St. in the RB Two - Family Residential Dist., as conditioned, James Lund, applicant. Case No. SUP /V/90 -73. (Ayes - 3; Nays - 2, Councilmembers Bodlovick and Farrell). • 3 Stillwater City Council Minutes March 19, 1991 Regular Meeting 2. This is the day and time for the Public Improvement Hearing to consider the making of a Storm Water Drainage and Street Improvement on Hudson St. between the east line of Sixth Ave. So. and the east line of Fifth Ave So Notice of the hearing was published in The Courier on March 7 and March 14, 1991 and mailed to affected property owners. Consulting Engineer Moore presented the Feasibility Plans for the improvement of Hudson St. by grading, paving and installation of catch basins and pipe. The City street crews will do the paving. The actual cost is estimated at $2,895. James Poynter, 911 Fifth Ave., stated he will not be benefiting from the improvement and has questions about being assessed. He also suggested paving all the way to his house. Mr. Moore and Public Works Director Junker will meet with Mr. Poynter and review his property. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution ordering the improvement of Storm Water Drainage and Street Improvements on Hudson St. between the east line of Sixth Ave. So. and the east line of Fifth Ave. So., L.I. 272. (Resolution No. 91 -50) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council recessed for ten minutes and reconvened at 8:40 P.M. UNFINISHED BUSINESS 1. Resolution ordering the preparation of Assessment Roll and ordering Assessment Hearing for the Downtown Plan, L.I. 257. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution declaring the cost to be assessed, ordering preparation of the proposed assessment and ordering the assessment hearing for April 16, 1991 for the Downtown Plan Improvements, L.I. 257. (Resolution No. 91 -42) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Appointment of Tom Lammers as Honorary Member of the Park & Recreation Commission. Council discussed the Park & Recreation Commission's extension of voting rights to Mr. Lammers on his appointment as an honorary member of the 4 Stillwater City Council Minutes March 19, 1991 Regular Meeting Commission. This allows one more voting member than is allowed under the ordinance. Councilmember Opheim, Council representative on the Commission, will bring this issue back to the Commission for a recommendation. Special Council Meeting March 26, 1991 Council and Staff were reminded that the Special Meeting set for March 26 will be held at 4:30 P.M. 3. Possible Ordinance Amendment regarding Parking Tickets. Discussion followed regarding the recommendation of the Downtown Parking Task Force Committee to eliminate increase ticketing of first, second and third offenses and have straight ticketing in order to increase visibility of parking enforcement. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution amending the Parking Ticket Ordinance, Resolution No. 8325, by removing Item No. 3 and No. 4 relating to tickets for previous violations; and eliminating the "90 days" clause in Item No. 2. (Resolution No. 91 -51) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Consideration of Recommendation from Armory Committee to purchase 8.6 acre site for New Armory & Community Facility. Councilmember Bodlovick summarized the proceedings of the Armory Committee regarding the purchase of an 8.6 acre parcel of land in the West Stillwater Business Park for a new Armory. Mr. Russell reported there are a couple of conditions -- to receive official State approval before purchasing the land and to get soil tests of the site. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution directing the City Attorney to prepare a purchase agreement for a new Armory, on an 8.6 acre site for a net cost of $291,062.00 with conditions regarding soil testing, State site approval and authorizing the Mayor to sign the agreement. (Resolution No. 91 -52) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. Update on the Availability of Tax Increment Funds for Downtown Improvements. Finance Director Debion presented a review of current and available TIF revenue and a schedule of TIF revenue projections as they relate to the 5 Stillwater City Council Minutes March 19, 1991 Regular Meeting various projects currently being pursued by the City. No action was taken. NEW BUSINESS 1. Resolution regarding Construction Plans & Special Provisions on T.H. 95 from approximately 850 ft. south of T.H. 96 in Stillwater to the south limits of Marine. Mr. Moore explained the Mn /DOT construction plans for Highway 95 and also with the Highway 95/96 intersection in the City of Stillwater. Highway 95 will be closed for the summer months during construction and traffic rerouted. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the State plans and specs for T.H.95 from Stillwater to Marine and authorizing the Mayor and Clerk to sign. (Resolution No. 91 -47) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of March 19, 1991, including the following: (All in favor). 1. Directing Payment of Bills. (Resolution No. 91 -46) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's and Taxi Licenses. Contractors Applications Con /Spec Corporation General Contractor New 1809 Northwestern Ave. Stillwater, Mn. 55082 Ford Builders, Inc. 1343 Cottage Dr. Stillwater, Mn. 55082 Glen Johnson Const., Inc 40 Peterson St. Houlton, Wi 54082 Kraus - Anderson Const. C 5300 29th Ave. So. Minneapolis, Mn. 55417 General Contractor General Contractor General Contractor 6 New Renewal Renewal • • Stillwater City Council Minutes March 19, 1991 Regular Meeting Montanari Homes, Inc. General Contractor New 1150 E. Seventh St. St. Paul, Mn. 55106 Geo. W. Olsen Const. Co, Inc. General Contractor Renewal 1902 So. Greeley St., Box 20 Stillwater, Mn. 55082 Sweeney Builders, Inc. General Contractor Renewal 11215 Ironwood Ave. No. Stillwater, Mn. 55082 R. L. White Builders, Inc. General Contractor Renewal 1424 80th Ave. N.E. Spring Lake Park, Mn. 55432 Doug Luchsinger & Ray Francis dba Valley Chauffeurs P.O. Box 794 Hudson, Wi 54016 Taxi License 2 taxi licenses 1 Renewal 1 New 3. Set Public Hearing Date of April 2, 1991 for the following Planning Cases: a. Case No. SUP /V/91 -6 - A Variance to the Sign Ordinance for the placement of a wall sign and projecting sign and a Special Use Permit to operate a small tearoom /coffee shop with a retail establishment at 232 South Main Street in the CBD, Central Business District. Janes Cummings, Applicant. b. Case No. SUP /91 -7 - A Special Use Permit to conduct a Karate Studio at 1754 -1798 Curve Crest Boulevard in the BP -I, Business Park Industrial District. James E. Kellison, Curve Crest Properties, Applicant. c. Case No. V /SUB /91 -9 - Variance to the lot size requirements and a major subdivision of an approximate 5.0 acre parcel into eight lots ranging in size from 6,400 square feet to 10,800 square feet and a common open space area of approximately 2 acres located on Eagle Ridge Trail adjacent to Lake McKusick in the RA, Single Family Residential District. Tim Nolde, Applicant. d. Case No. PUD /91 -10 - A Concept Planned Unit Development for the construction of eight duplex attached single family dwelling units with a zero sideyard lot line. The proposed development is located on Eagle Ridge Trail adjacent to Lake McKusick in the RA, Single Family Residential District. Tim Nolde, Applicant. e. Case No. V/91 -11 - A Variance to the sideyard setback requirements (thirty feet required, ten feet requested) and request for private access to an unimproved road at the Northeast corner of Third and Aspen 7 Stillwater City Council Minutes March 19, 1991 Regular Meeting • Streets in the RB, Two Family Residential District. John and Heather Haug, Applicants. COUNCIL REQUEST ITEMS Letter to Congressmen Regarding Cable Rates Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to forward a letter to our Congressional Senators and Representative regarding the Cable industry's poor customer service and escalating rates. (All in favor). Possible Appointment to Heritage Preservation Committee Council asked for a recommendation from the Commission for this appointment. STAFF REPORTS (Continued) 1. Community Development Director Appointment to Downtown Plan Action Committee Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to appoint Fred Brass to the Downtown Plan Action Committee. (All in favor). Annual Downtown Spring Cleanup Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize $500.00 for the use of the Downtown Plan Action Committee for Spring Cleanup; and to direct Council's comments on the dates for the cleanup to the Committee. (All in favor). Kenndy Transmission's request for Box Wall Sign at Auto Mall Motion by Councilmember Farrell, seconded by Councilmember Opheim to deny the request of Kennedy Transmission to use the box wall sign and to require individual letters as originally planned. (All in favor). 2. City Clerk Charter Commission Expense Reimbursement Council noted that in the future, the Charter Commission should receive City Council approval before making expenditures. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to pay the expenditure of $50.00 to cover the cost of speakers for the Charter Commission meeting on March 6, 1991. (All in favor). Garbage Waiver, Case No. 20 -290 Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to deny the request for waiver of garbage and refuse charges for Case No. 20 -290 due to not meeting minimum income requirements. (All in favor). 8 Stillwater City Council Minutes 4 March 19, 1991 Regular Meeting Municipals Spring Meeting Motion by Councilmember Bodlovick, seconded by Councilmember Funke to authorize the attendance of seven employees at the spring Municipals meeting and dinner on April 18, 1991. (All in favor). Petitions for Traffic Controls The petition from the residents regarding excessive speed of vehicles in the Pine St. /So. Fourth St /Walnut St. area and the Rivertown Commons Resident Council regarding excessive speed on Second St. were referred to the Police Dept. for study. COMMUNICATIONS /REQUESTS 1. Val -Croix Homeowners' Assn. - Petition regarding retention of current address. Motion by Councilmember Opheim, seconded by Councilmember Funke to support the members of the Val -Croix Homeowners' Ass'n. in retaining the present address of 301 So. Third St. (All in favor). 2. Joint Cable Communications Commission Agenda for March 18, 1991. This was for informational purposes only -- no actions was taken. ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Farrell to adjourn the meeting at 9:40 P.M. to Executive Session. (All in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 91 -42 - Ordering Preparation of Assessment Roll & Setting Assessment Hearing, L.I. 257. No. 91 -46 - Directing Payment of Bills. No. 91 -47 - Approval of Hwy. 95 Construction Plans by Mn /DOT. No. 91 -48 - Vinland Nat'l. Center Pull -Tab Operation at Trumps. No. 91 -49 - No Parking Signs - Croixwood Blvd. & Pinehurst Ln. No. 91 -50 - Ordering L.I. 272, Hudson St. No. 91 -51 - Amending Parking Ticket Fines. No. 91 -52 - Approval of Purchase Agreement for Property for new Armory. No. 91 -53 - Establishing Gambling Tax PLANNING APPLICATION REVIEW CASE NO. SUP /V/91 -6 Planning Commission Meeting: March 11, 1991 Project Location: 232 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD, Local Historic District Applicant's Name: Thomas Loome Type of Application: Special Use Permit and Variance PROJECT DESCRIPTION: This request has two parts, one is a variance to the Sign Ordinance for the placement of a wall sign and projecting sign. The other is a Special Use Permit to operate a small tearoom /coffee shop in a retail establishment DISCUSSION: Special Use Permit: The Special Use Permit is to conduct a small tearoom /coffee shop, approximately 270 square feet, with a retail establishment. Restaurants and cafes require a Special Use Permit in the CBD • District. The use is proposed to compliment the bookstore retail use on the same site. As stated in the attached letter, there will be no kitchen, only the service for coffee. The main purpose of the use is to serve beverages. There will be seating for 15 -20 people. RECOMMENDATION: Approval. Variance for Signage: The variance request is to place two signs for a bookstore /coffee shop use. The thirty six square foot wall sign meets the Sign Ordinance regulations. This sign will be black with gold lettering. The other sign for which the variance is sought is approximately three square feet. This projecting sign is brown with white lettering. It is presently in place at the bookstore located at 216 South Main Street. Design Review Committee Recommendation: The Design Review Committee /Heritage Preservation Commission reviewed the sign request on March 4, 1991. It was determined that although the projecting sign is small, permitting more signage than what is allowed by the Ordinance (the Sign Ordinance allows one sign per business) does not meet the intent of the design guidelines and Sign Ordinance. This location on Main Street is highly visible to the pedestrian and vehicular traffic. The coffee shop use within this site will use window signage to identify the business. The Sign Ordinance allows window signage up to one -third of the window. The Design Review Committee recommend denial action for signage. Case No. SUP /V/91 -6 - Continued RECOMMENDATION: FINDINGS: The proposed use adds to the character of both the retail use inside the structure and the adjoining uses in Downtown Stillwater. ATTACHMENTS: - Application Forms - Letter to the Planning Commission - Sign elevations. PLANNING COMMISSION RECOMMENDATION: Denial. One sign is permitted, either the wall sign or projecting sign. • • Loome Theoh yTi a! Booksellers Thomas 6' 2(aren Loome Off Swedish Covenant Church 320 North Fourth Street Stillwater, Minnesota 55082 612- 430 -1092 Planning Commission City Hall 216 North Fourth Stillwater, MN 55082 To whom it may concern: 22 February 1991 St Croix Antiquarian Booksellers, presently located at 216 S. Main, will be moving a few doors south in early May of 1991, to 232 S. Main (formerly Hooley's Electric). The three partners in the bookshop (James Cummings, Gary Goodman, and Thomas Loome) would like to set aside a small area at the front of the shop as a tea room or coffee shop. We would plan to serve only coffee, tea and pastries. Coffee and tea would be prepared on the premises, but we hope to make arrangements for pastry to be baked elsewhere. Were this the case we would not need full kitchen facilities, but merely a sink and some coffee machines. We are convinced that combining a small coffee shop with a large secondhand bookshop would be attractive to customers, and of course we would hope that the presence of a coffee shop would attract customers into the bookshop. Unless traffic in the coffee shop is greater than we anticipate (and we frankly don't expect large numbers of customers since what we offer will be so limited), we would probably serve pastries only on weekends. Coffee and tea, however, and a place to sit down and read a book, would be available seven days a week, when!Ger the bookshop is open. We would be most grateful if the Planning Commission would give us its permission to try out this idea of a tea room /coffee shop. Si c rely, Thomas Loome 100 Case NumbeKS ul� �- Fee Paid Q v. Date Filed __ _031/91_ .PLANNING ADMINISTRATIVE FORM Street Location of Property: Legal Description of Property: Owner: Dame _._si Address 3C)3 N) -1&5 •L"c` Phone: /1_ Applicant Of other than owner): Name t'LU �•�c� 5 �- �' �' `�' Address ta-Vt. �U . LLB, , ;., A61._ 4-3c (\C9)... Type of Request:. ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final. Plat Variance ___ Other Description of Request; -,-, c) , -� C r AA e G� `5 , c, t� c t- t- �. c c,,, e t > " a _ i, c* Lev ` L C � c . T l J ^• � � �� �` L\L \ L; v. ._ ;- l [w_ `} (Z K.1z \∎ t -) �Ci` Cy 4-C dt- \ C.1jj \ -1 1 C �`� i,-4-- Signature of Applicant: r l�' "L=i. t''� ",^ `- cri� `^-K- Date of Public Nearing: •NOTE: Sketch of proposed property and structure to be drawn m back of this 'form 63714;,,r tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the'Planning Commission on (date) subject to the following conditions: cvt.- 4-3C C;'3.0 F:i.s ''a l6 ;its -? Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Use other side j, \t• v ° n o d O qe 0 i `301 2.2.. 6. t*A.4ty` v (4) NON 14k 0,■ 0."^ J Osr- `O -0 • 12. �v &Lk 2.436 'S. ik&. 100 Street Case Number _52_1 ,...J q•_(D Fee Paid CNE -9.Y61I IS7 '_a ?U Date Filed .` s .:•,L • PLANNING ADMINISTRATIVE FORM Location of Property: 23Z Slatrr 57. Legal Desscription of Property: Owner: Name 4-k14 < <1-c `<? Address 303 /1/- 4/1k Sf///a7 fr Phone: x /39 Applicant (if other than owner): Name _61:: Address /3 /f lfrf Type of Request:• ___ Rezoning _'Special Usa Permit ___ Approval of Final. Plat _Y Variance ___ Other Description or Request: _Z /1d144, SG1?c rit' S /. 7 • /ii /46, • if /v/ Z 5� ��'�< -Z 4 %� a/c Gde752.J / /Fec14S awe/ aiGr�l Z71 yLCPGyC-I-Yee // ' Phone: Ist "790 ___ Approval of Preliminary PIct Signature of Applicant: Date of Public Nearing: NOTE: Sketch of proposed property and structure to be drawn 'RI 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 naves. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the'Planning Commission on (date) subject to the following conditions: Approved ___ Denied ___ by the Council on subject t the following conditions: Comments: (Use other side) w /1 T Sr (-Teo rx 9 /Vrr(pu /J7? /9 /U %9OOK5 = GG ERS 23L 5 /,l, 6/ `/ /'/ lltl f CX//' / if �%l�iYiCle/ CG'///, n / he - i'. / ` .7C mil' /lY /Ft / 67/ //`t // / ".1' /1-= J Z--/t) i jF/1 /ti< /C' /2/ • THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: PLANNING STAFF DATE: APRIL 1, 1991 SUBJECT: CASE NO. SUP /V/91 -6 - NO SIGN VARIANCE REQUEST The applicant for the Sign Variance at 232 South Main Street has changed his plan. He will not be placing the wall sign on his building. The projecting sign will be the only exterior signage on this building. Therefore, the sign for 232 South Main Street meets the intent of the sign regulations and the Downtown Design Guidelines. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121 • PLANNING APPLICATION REVIEW CASE NO. SUP /91 -7 Planning Commission Meeting: March 11, 1991 Project Location: 1754 -1798 Curve Crest Boulevard Comprehensive Plan District: Business Park- Industrial Zoning District: BP -I Applicant's Name: James E. Kellison Type of Application: Special Use Permit PROJECT DESCRIPTION A Special Use Permit to conduct a Karate Studio at a new building on Curve Crest Boulevard in the Business Park - Industrial District. DISCUSSION The request is to conduct an 1,800 square foot Karate Studio in the new Con Spec Building on Curve Crest Boulevard. This use is not specifically defined in the Zoning Ordinance. On January 10, 1991. Planning Commission reviewed this request and made a determination that this use may be considered a cultural activity requiring a Special Use Permit. The City Council reviewed the request at their regular meeting of January 15, 1991. It was stated that the interested party go through the Planning process for a Special Use Permit. The proposed studio will consist of a small lobby area, a manager/bookkeeping office, two restrooms and a large open area facility. The maximum number of employees working at this site will be three with fifteen students per session. The maximum parking demand for this site will be eighteen parking spaces. The actual parking demand will probably be less. CONDITIONS OF APPROVAL: 1. There shall be no retail sales of merchandise at this site. RECOMMENDATION: Approval. FINDINGS: This use is considered a cultural facility and is compatible with the adjoining uses of the building. ATTACHMENTS: - Application Form - Letter dated January 2, 1991 /Curve Crest Properties PLANNING COMMISSION RECOMMENDATION: Approved with condition. Cast Number S_ilet.1_ 4 Fee Paid 17 CASE NUMBERSaP /991 Date Filed tr PLANNNG ADMIN S ! 1`/-9 < IVE FORM Street Location of Property: _J 8 staingtarLe Legal Description of Property: Owner: Name Curve Crest Properties II Address 1809 Northwestern Avenue Phone: 430 -1500 Applicant (if other than ewper): Name James E. Kellison Address Phone: Typo of Request:. ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit _e_ Approval of Final Plat milt __ Variance AO 619 Other Description of Request: Zone. • Use as a Ijarae atudio in a $usiness Park IndusIrial Signature of Applicant: ! _ __ ____ Date of Public Hearing. NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at- .t tacked, showing the following: 1. North direction. • °' • 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs.°, 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on (dote) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Use other side), • 14A-414414404414„ Curve Crest Properties 11 1809 Northwestern Ave. Stillwater, MN 55082 (612)430 -1500 Fax 430 -1505 January 2, 1991 Planning Commission City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Re: Karate Studio Stillwater II Industrial Building Dear Council Members, Please accept this letter as our request to consider a karate studio as a proper use under the zoning ordinances as a tenant in our Stillwater II Office /Industrial Building. We are currently negotiating with a client that would occupy approximately 1,800 square feet of Phase II of this project for use as a karate studio which would include a small lobby area, a manager /bookkeeping office, two restrooms, and a large open area as the training facility. Regular employees would vary from 1 to 3 persons depending on enrollment and the maximum class size would be approximately 15 students per session. Due to the nature of the business the majority of the classes would be during afternoon, evening, and weekend periods. Thank you in advance for you consideration regarding this matter. Should you require any information regarding this please feel free to contact me directly. Sincerely, Pit, 4 James E. Kellison Owner's Representative cc: C. R. Hackworthy Steve Russell, City of Stillwater, Economic Development Director IVNATIONAL KARATE STILLWATER 5898 OMAHA AVENUE NORTH • STILLWATER, MINNESOTA 55082. PHONE: (612) 439 -4559 JACK HUNT President /Head Instructor To: Members of the City of Stillwater Planning Commission The Stillwater City Council From: Jill and Jack Hunt . 9 Re: National Karate School National Karate of Stillwater is owned and operated by Jack Hunt. Mr. Hunt, who is now a 3rd degree black belt, began his karate training in 1977, at age 16, on the East side of St. Paul. He was employed with National Karate for nine years prior to opening the Stillwater School in 1987. With 14 locations in Minnesota, National Karate is the largest Martial Arts franchise in the Midwest. Formed in 1974 (FKA Mid America Karate) it's owners are Nationally recognized for their efforts in promoting the sport of karate, developing and implementing strict safety guidelines, and producing students who are some of the Nation's top ranked competitors. Our school is located in Oak Park Heights near the St. Croix Mall. Students enrolled range in age from 6 to 60's. The majority of our enrollment consists of family members who join together; fathers and their sons, spouses, siblings, etc. Classes begin at 4:30 in the afternoon and end by 9:00 p.m. Monday through Friday. We are also open from 9:00 to 2:00 p.m. on Saturdays. Our average class size can consist of approximately 5 to 15 students. Traffic and parking needs are light, since most of the students are family members or neighbors driving together. The Children's program, for kids ages 12 and under is very popular. Kid's classes range in size from 10 to 18. Children have fun learning karate and benefit from increased endurance, athletic skills and confidence. Parents are welcome to sit in the lobby and observe class, but most prefer to drop their children off and run errands. These parents are eagerly anticipating the prospective move to the Washington Ave. location because of it's proximity to shopping such as Cub Foods and Brines. Much of the advancement in karate comes from hard work and discipline. As a result, kids are encouraged to practice while waiting for parents to pick them up. They are closely supervised and are not allowed to leave the premises without their parents. We feel this move to the new building on Washington Ave is a positive step towards maintaining the respected image National Karate has established in other communities over the past 17 years. During our three years in business, we have enjoyed being part of the Stillwater area, and look forward to a continued business relationship. PLANNING APPLICATION REVIEW CASE NOS. PUD /91 -9 & SUB /91 -10 Planning Commission Meeting: March 11, 1991 Project Location: Between Eagle Ridge Trail and McKusick Lake Comprehensive Plan District: Single Family Residential Zoning District: R -A Applicant's Name: Tim Nolde Type of Application: Planned Unit Development PLANNING REVIEW The request is for Concept Planned Unit Development approval and Preliminary Plat approval for a eight residential unit development. The proposal is in concept form. With approval of the concept, detailed plans for road construction, grading, drainage, platting, building construction shall be required. The final plan will have to be consistent with the concept plans. AREA DESCRIPTION The request is to develop four residential structures containing two dwelling units each in a cluster townhouse development as a Planned Unit Development. The five acre site is located on the west edge of McKusick Lake (see area map). A portion of the site is within the 100 year floodplain (elevation 860). Other uses in the area include single family residences, McKusick open space area, ballfields and City Public Works storage yard. The project site is zoned single family residential. As can be seen from the topographic map, the site has a high area in the southwest corner of the site, the fall off to McKusick Lake. Vegetation on the site includes grasses, bushes, Willow and Poplars. Access to the site would be provided by a cul -de -sac off of Eagle Ridge Trail. A development agreement between Oak Glen, the City, and the project property owner provided for access to the site (see cul -de -sac plan). An old raised railroad right -of -way is the south boundary of the site. The right -of -way connects to Meadowlark Drive and the City of Stillwater to the east. Much of the site is within the McKusick Lake Wetland. PROJECT DESCRIPTION The proposal is for a nine lot, eight residential lot, and one common open space lot, subdivision. The development is comprised of eight residential units in four residential structures in attached single family design. Each unit would own the property under the unit and a yard area around the structure. The remainder of the site is in a common open space area owned in common by all the property owners. Access from the cul -de -sac to the residential structure would be provided by two private driveways. The four residential structures are setback a minimum of 25 feet from the 100 year floodplain. A concept design of the residential units and floor plan is provided. The structure main floor would be at the driveway elevation with a walkout basement to the rear, McKusick Lake. PROJECT ANALYSIS The zoning for the project site is single family residential, R -A. The R -A district requires 10,000 square feet per dwelling unit with a development density of four dwelling units per acre. The proposed project has eight dwelling units on five acres net. The Planned Unit Development approval is required because the lots do not meet the standard 75x100 foot lot dimenstion requirements. The Planned Unit Development permit process is appropriate because of the site conditions and access to the site. The lots are located on the high ground and the McKusick Lake natural Wetland is preserved. The Parks and Recreation Board has recently received a request to consider establishing a pathway around McKusick Lake using, in part, the old railroad right -of -way. This PUD request will be referred to them to see that area they want dedicated for pathway to meet the subdivision park dedication requirement. The project is located in the McKusick Lake Wetland as a part of the Browns Creek Watershed. The plan has been referred to the Watershed District for comment and consistency review with the Browns Creek Watershed Plan. The area designated open space should have a deed restriction placed on preserving the area in its natural state and building setback from the 100 year Floodplain. The parcel directly south of the site (Balogh) will be provided access off of the cul -de -sac. The cul -de -sac should be located and constructed to provide 30 feet of frontage to the site. The cul -de -sac road improvements will have to be constructed to provide access to the site before construction can begin. Parts of the site are within a RECOMMENDATION: Approval. FINDINGS Based on the following findings, the recommendation is made: - The proposed use is consistent with the Comprehensive Plan and the Single Family Residential Zoning. - As conditioned, the project preserves the sloped environmental sensitive natural area around McKusick Lake. - The project meets the City's open space /park lands requirements. CONDITIONS OF APPROVAL: 1. A detailed grading /drainage plan shall be submitted for review of Final Plans. • • 2. The open space area next to the McKusick Lake Wetland shall be protected in its natural state through recorded deed restriction on the property. 3. The recommendation of the Parks Board regarding park dedication requirements for McKusick Lake shall be a usable pedestrian walkway easement and shall be shown on the Final PUD Plan and dedicated before the final plat is recorded. 4. All project structure shall be setback a minimum of 25 feet from the 100 year floodplain elevation (elevation 860). 5. Comments from the Browns Creek Water District shall be incorporated into the Final Plat. 6. Comments from the City Engineer and City Utility Departments shall be incorporated in the Final PUD and Subdivision Plans. RECOMMENDATION: Approval with conditions. ATTACHMENTS: Preliminary Plan and Concept PUD plans. PLANNING COMMISSION RECOMMENDATION: Denial. PLANNING COMMISSION FINDINGS: The project design is incompatible with the site and residential area. 3 __122>1- L A-U-gr !NI -71 lE TREE R A L - i•E I1111 I- 1,11 IGROVE .....] a—aaaaa—. 4, •CENTER. 1 • I S T • 1 ;In `OW N • 1.124.1.F.i, GREELEY! f ■ — LWILUAA4:1_ I S . 111111 pow ft, sly I : ., 60 A BERRY T 4111, 'MIN otkomii 111 r m --r- L" - --I 1_ 0 IRCHwOOD ArIRDGE. 44YERCIR. C R OfIldin +4 Nvor4 soy #4■ r . ' • DR. 1' _1.1' EcHo t _1 _ 1 . 2 • 4121.1. • 1 N--- p1.1 1 • • • - - • 2 a, • titElt E It 1 (4 —T- oyi Enis' -; Trrr-- REELEY ot '1" WILLIAM I* • . -- - a - •.; 71-z, • I 12 11- 1 i 1 • 1 1 0 it 1 I-I/ •' L Wind 1.11111111131111 IIGNMEMI O'041111f: 44, k°4$1 1 1MUNDSON DR • AlEADOM/ 1E , OR. :111 arinIU (74-id E.4-71. HIB1 FORWA - • OWENS1 H. MEM 0 NE- z111- 17 3E10 YG2-5 AL. ■■■.. -141- ST F321 P1=1 • 1* • PAC 100 CASE NUMBER Case Numbor ?i W71_2L =9_ Fee Paid __21.-2) a` Date Filed _ 31li`L,L PLANNING ADMINISTRATIVE FORM Street Location of Property: Eagle Ridges i JJ Legal Description of Property; See attached legal Owner: Nam __ Qels_ �r���_ �r��Qr�Qrd .,_�'...�,.._sto.,_��;. Address 311 S. Third St. Phone: 439 -4187 Applicant (if other than owner): Name Tim Nolde Address E.O. • 119 Phone: 439 -4187 Typo of Request :. ___ Rezoning _ Imp _ Approval of Preliminary Plat ___ Special Use Permit ___ Approval of Final Plat ___ Variance :.__ Other .rliitJ2etie.lopment Description of Request; twinhomes on the gazcel_Lee a_ttac„1-ied .pl„at drawiria Date of Public Hearing: Signature of Applicant: NOTE: Sketch of proposed property and structure to be drawn.on back of tacked, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on subject to the following conditions: Approved ___ Denied ___ by the Council on • following conditions: or at- apr (date) subject to the Comments: (Use other side). AIL 3 • 1 4- 3 -::'t - Nev. tint CERTIFICATE OF SURVEY e• Addtt,l Sheet 3, Oak Glen Dev. Co. 10 Granq'ist parcel desc. -and detail s of same to Sheet 2. 11MS JOII NO done BARRETTA1. STACK STILL1vATf:it, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No, 439 -5630 SUItILYAfA 1)lilt)iC1.t1S1VEi.Y1:OR; t•Ir. Don Granquist, c/o Mr. Mark Vierting, Attorney, 1835 Northwestern Avenue; Stillwater, Minn. 55082 (ar 8 .0n 7 / Cam' 30 See Sheet 1 of 2 Sheets for additional notes and proposed roadway description. L07 Z2 / 2.3 2) Ce r�y,,.+f Nr x,55 10, — '. S �'O�Ar�gq • �' „ ,.''� s ` , f" • •t y. \ NOTES: ` r Orientation of this bearing system is per the recorded plat of OAK GLEN 4TH ADDITION. No field surveying was done in Conjunction with the preparation of the attached proposed roadway rtescrfIt(on, wnfcn was computed ulili.inq recorded plats and deeds s,, \tw, NFp.7 prepared by others. The attached description is subject to verification by field survey. 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ME MEW !IIIIIIIIII ._,._•_,T,hr.41._:11,121 OPArzt ok MOM //a- .--;'�:y =` 7k a X768 "£s � t:/ rjOli retP1 F. ��1 li 14/44%//. 1 .I -7, g 14141414 I Fraraq armilro tilitirgtal q a -i n n El n -r n n t�l ❑p■ may. m qtralk ,bet's build something beautiful tvge MUNI • • mr•••■• , ! .15.*/ .......o." p-• rr •Iiiit k ••••- a:44-n' trpTI 11'6 WO, • ,II711:0000 ....•■•••• Lko 40,0111....... 111 .• •;.‘ • ;,. tr• !71-(:)...Wwt:7"615•4 iJ.01giono ,:1{11111 ; . q11111.111 3111115Wt ';..-43 i4; Prioant.n. —7'11 1 tit - iP Ittkqtrillarl I in :;711;ty, r4,..;cipprit • --•• -n.1) 4'1 t k It r 1.1- • • ;11011; L1411%111.1gik.144.11 • grireri''ktr■••*='"II • • .‘" I I • • 000000.001111ftft..4144iiiift M.I1-'57c if; r i;„■ WALK-I4 0_6,51 -r 4 '6.X F 1)71 tft._ BEDROOM I 0'(.9' 13 • • DINING ROOM lox I ‘i 1 6-2-ARA 6 Kt, • g " tit Chi o PTI (INA L -1* f� 1 BEDROOM t k7),� -1. Pi- y (= • PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR: GREEN TWIG WAY -7� Prepared' ExcFustvely for: '/o . Mr. Tim Nolde ��✓ Croixdel Realty 311 So. 3rd Street Stillwater, MN 55082 (612) 439 -4187 Notes: o Lake McKusick DNR ID #82 -20W Ord. High Wat El. 851.7 100 Yr. Flood El. 858.0 CJ -7 -i: Sketch Prepared By: \Stack Land Surveying 9090 No. Fairy Falls Rd. \ Stillwater, MN 55082 (612)439 -5630 C`. N ■ The 3M Conference Center at Tartan 44,44_ (79,f 77,5_,e--- 49/%-ark,-,-,---c 741 1 Y1a&c 1T9 e , J- rte- /1vz tti2 w�i G�-�Z V-te 4 _ .tea It • ),/,„,„4 yYt n SS O I a_.._. d z z/ 0a, e:1(644-191,ezru), t=e, vin-euizta ,a72-Let -, ,i4/fr /� am J� n .j //}} ��!! -qq ^ ;( a 7 _6/-4p„ �? / Li of /2-22,6,6,e/10 -azi 4.6e441,a,u-ah, vLe/Lv, ,,62--n-d v -16r,,,z4LQ) -11-x?1,7i-6L ev7 607,4) iv) Jc) a . 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I() 4 .i/7 ut,-- --eL, ,4„,;,,,(,),.1,,,,„(,,,,,_,,, -i-b wq_ -I\ V.,k0--' p(Guk"--- 62_ u.)- u,v ce,‹_._ u6-,u lb A -- 6,,tu_ A-Lc, ),„,)L,0 Le-v4.3:\ 6U-, . -,.,_, , 45; v- ) itiv.- Y \ A - A /1/\ -40 T OT (.0-4 SGL (za� 230 Wildwood Court Stillwater, MN 55082 March 11, 1991 Dear Commissioners, I understand you will be hearing a request for a variance to the zoning of an area along Eagle ridge trail near or in the Browns Creek addition. Please be advised that as a resident of the affected neighborhood, I am opposed to any change or exception to the current zoning requirements. Currently the area is zoned for single family dwellings with specific requirements for lot size. I feel that zoning ordinances are created for a purpose and should not be altered without good cause. A good cause being one that is beneficial to the neighborhood and it's residents. Private interests should not dictate changes to the rules. I hope you will be consistent and conscientious in adhering to the provisions which are already in place. Best -gards, Randall M. Sipe • • (, March 10, 1991 DAVID W. LEMON 855 Eagle Ridge Lane Stiiiwater, Minnesota 55082 (612) 439-4649 Washinaton n crImmission Re:: Proposed land use variance for Tim Nolde, 4 Duplex units to be located off Eagle Ridge Rd. To whom it Indy conot.rn: I have been a resident in Stillwater since 1974. I currently reside at 855 Eagle Ridge Lane. My property is located adjacent to the 0a.k Glen outlot and directly west overlooking the development . proposed by Mr. Nolde. I believe that I have a vested interest in the variance decision and that I have much to lose if the variance is approved and construction is completed. For the past tao years, I feel like I have been bounced ;around like a basketball. First, was the uncertainty associated with the possible sale of the golf course. Then came the Orrin Thompson 'sca..re" followed by a wholesale liquidation of lots. All of vvrhich had a negative impact on market values. Now comes the last straw a 15% increase in property taxes and another construction proposal that I believe would further lower property values. Enough is enough. 1 object to granting Mr. Nolde any zoning, land use or other property use variances for the proposed construction site off Eagle Ridge Trail and overlooking Lake McKusick. Multiple unit residences are not consistent with the single. family residence land use of Oak Glen„ Brown's Creek Addition. Market values have already declined $20-$30 thousand for each property in Brown's Creek Addition due to the lot liquidation sale by Oak Olen. This problem would be worsened by varying from the emisting zoning and land use requirement. An angry homeowner, David Yi . Lemon John M. & Terry S. Kaminsky 270 Wildwood Court Stillwater, MN 55082 March 10, 1991 Planning Commission City of Stillwater Re: Case Numbers PUD /91 -9 & SUB/91 -10 To Whom It May Concern: We are against the proposal to construct attached townhouses on a cul -de -sac off of Eagle Ridge Trail for the following reasons: The character of the existing community, which is single family residential, would be changed contrary to the planned usage The value of existing properties would be adversely impacted We recommend that the Planning Commission deny the Planned Unit Development request. Yours truly, -----\ John M. Kaminsky Terry S. Kaminsky R, i; J i 1 r • CROIXDEL, INC. 311 South Third Street Stillwater, Minnesota 55082 (612) 439 -4187 March 11, 1991 Ms. udith A. rtis (_ Still ter Panning Commission Al C4 , _ ,,,/�, "'V 212 N. St. �" Stillwa MN 55082 ry Dea - Ms . Curt AI After a year of planning and negotiations, we finally obtained Don Granquist's property located on McKusick Lake. After a careful market analysis and using our experiences from developing Sunnyside on the St. Croix, we have conceived a plan for this property. When I first visited with Steve Russell, we originally planned on developing twelve units on this parcel. After further deliberation and consultations with our surveyor, we decided to scale back and only develop eight units. By constructing only eight units, the serenity and wildlife can be preserved. This development will also add amentiy for the City of Stillwater. Currently, there are no units in the Stillwater area offering one -level living directly located on a lake. Also, these units will be built one at a time to avoid any unnecessary risks in these turbulent times. We do not intend on asking the City for any financial help. Thanks to Steve's input and helpfulness, we are finally ready to appear before the Council and Planning Commission. Enclosed is a preliminary site plan and an artists rendition for your review. We are looking forward to working with the City of Stillwater again. Sincerely, Timothy L. Nolde 1• � l fy ( 4677-1.,,ADD J51.03 ( y Ca�\:� ; i• N rM 11.0-1 1 N ;Cor • ' r it • ..;\ AJ 1 2 ' e,'ItA w• 110r10f d%• .UW •. l �(. `T, uo 7 \• 1 a teal >. CIA 4, l •'' is .{ �M • 2 22 �tl I /•.T . "e . -.,(129.3100..- 1 TC '' iO ?q _I 4l!;•E il�i; (1I•y� 1. • 1 CA S/ .5 •! \�Y i7 • p:f_ i . •1 • a O • , f -r_ n r BARRY STACK REG. LAND SURVEYOR 9090 FAIRY FALLS RD. NO. STILLWATER, MN 55082 Ji` ELM If PIT SUBJECT TO REVISION .5-ea-my D,v r yi 111/MIi 11i1.1:1910NE 16121 439.4874 BARRETT M. STACK REGISTERED LAND SURVEYOR 9090 FAIRY FALLS ROAD NORM SI'II.i. \WATER, MINNI:S()'I'A 550N2 March (8, 1991 Mr. Tim Nolde Croixdel Realty 311 South 3rd Street Stillwater, Minnesota 55082 OFFICE 'FEI.FI'l I(1NIi (612) 43`1 -5630 Dear Mr. Nolde, Per your request and in conjunction with queries from Mr. Steve Russell, City of Stillwater Planner, I have calculated out approximate areas for the Sketch Plan of GREEN TWIG WAY. The areas are tabulated below: The overall parcel contains 29.5 acres, more or less. Overall area above ordinary High Water Elevation 851.7 shown on attached Sketch Plan: 4.6 ac.± Area between Ordinary High Water Elev. and 100 year Flood Elev. 858.0 + Area in proposed Cul -De -Sac Area: (to be ded. Pub. Rd.) Area in N'ly Private Road: Area in E'ly Private Road: Area above 100 year flood Elev. excluding proposed public and private roads: 115980 sq. ft. 2.663 ac± Area in proposed Common Area /Open Space: (minimum) 2.2 ac± Area in Block One: 63980 sq ft 1.469 ac± Lot Areas: Lot 1 = 6200 sq ft± Lot 2 7680 sq ft± Lot 3 = 6890 sq ft± Lot 4 = 8980 sq ft± Lot 5 = 11080 sq ft± Lot 6 9380 sq ft± Lot 7 = 6890 sq ft± Lot 8 = 6880 sq ft± The remaining area in the overall parcel not shown on the sketch (about 24.9 ac ±) is unbuildable land. See Sketch Plan for additional area details. Areas are scaled and are • 1.0 ac± 0.144 ac± 0.46 ac± • 0.305ac± approximate, subject to verification by survey. 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. 161674/td71", Barrett M. Stack, Minn. Reg. No. 13774 • .r . BARRETT M.STACK REGISTERED LAND SURVEYOR 9090 FAIRY FALLS ROAD NORTH STILLWATER, MINNESOTA 55082 1I(SMF I }:I.I 'I1ON': UI'I'ICI!'I'lI.EP11f1N1i March 8, 1991 16111 4 Mr. Tim Nolde Croixdel Realty 311 South 3rd Street Stillwater, Minnesota 55082 161 11 4 59.5610 Dear Mr. Nolde, Per your request and in conjunction with queries from Mr. Steve Russell, City of Stillwater Planner, I have calculated out approximate areas for the Sketch Plan of GREEN TWIG WAY. The areas are tabulated below: The overall parcel contains 29.5 acres, more or less. Overall area above ordinary High Water Elevation 851.7 shown on attached Sketch Plan: 4.6 ac.± Area between Ordinary High Water Elev. and 100 year Flood Elev. 858.0 + 1.0 ac± Area in proposed Cul -De -Sac Area: (to be ded. Pub. Rd.) 0.144 ac± Area in N'ly Private Road: 0.46 ac± Area in E'ly Private Road: 0.305ac± Area above 100 year flood Elev. excluding proposed public and private roads: 115980 sq. ft. 2.663 ac± Area in proposed Common Area /Open Space: (minimum) 2.2 ac± Area in Block One: 63980 sq ft 1.469 ac± Lot Areas: Lot: 1 = 6200 sq fL! Lot 2 = 7680 sq ft± Lot 3 = 6890 sq ft± Lot 4 = 8980 sq ft± Lot 5 11080 sq ft± Lot 6 = 9380 sq ft± Lot 7 = 6890 sq ft± Lot 8 = 6880 sq ft± The remaining area in the overall parcel not shown on the sketch (about 24.9 ac ±) is unbuildable land. See Sketch Plan for additional area details. Areas are scaled and are approximate, subject to verification by survey. I 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 State of Minnesota. Barrett M. Stack, Minn. Reg. No. 13774 z 7 `0 4 PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR: GREEN TWIG WAY 60. -� vA3 -9F3 o Mr. Tim Nolde - Croixdel Realty 311 So. 3rd Street Stillwater, MN 55082 (612) 439 -4187 c" \-a-?.: Notes: a f"... Lake McKusick DNR ID #82 -2OW c Ord. High Wat El. 851.7 ` `j' 100 Yr. Flood El. 858.0 Sketch Prepared By: Stack Land Surveying \\ 9090 No. Fairy Falls Rd. \` Stillwater, MN 55082 (612) 439 -5630 c-- Prepared; ExcFustvely for: Dar/ o 247 9yc z - .I� l r , 7 CROIXDEL, INC. 311 South Third Street Stillwater, Minnesota 55082 (612) 439 -4187 April 2, 1991 Stillwater City Council 212 N. Fourth St. Stillwater, MN 55082 Dear Mr. Mayor and Members of the Council: Due to the apparent dissatisfaction of the neighbors in the Oak Glen neighborhood, I hereby withdraw my request for the concept approval of a luxury townhome development on the Granauist parcel . Although I think the neighbors were erroneous in their assumptions, I hereby cede to their demands. I do expect your support for the establishment of a sub - division on this parcel for single - family homes. I plan on attending the next Planning Commission meeting with my plans. Thank you for your consideration of this matter. Sincerely, Tim Nolde PLANNING APPLICATION REVIEW CASE NO. V /91 -i1 Planning Commission Meeting: March 11, 1991 Project Location: Northeast corner of Third and Aspen Streets Comprehensive Plan District: Residential Zoning District: Residential Duplex Applicant's Name: John and Heather Haug Type of Application: Variance PROJECT DESCRIPTION: Request for variance to sideyard setback requirements. DISCUSSION: The request is to construct a single family residence on a 14,000 square foot lot. The lot is located in the Duplex Residential District requiring 10,000 square feet for a duplex lot. The site is bounded by unimproved Third Street and unimproved Aspen Street. Access to the site would be provided by an existing bituminous driveway that cross the adjacent lot to the east lot #3. A ravine runs across the south portion of the site which makes it difficult to extend the road to the site. In order to allow the development, a permanent easement shall be required from the end of Aspen Street to the lot across lot #3. Sewer and water services are available to the site (water from Third Street and sewer from Aspen Street). It shall be the responsibility of the applicant to construct the services according to City standards as approved by the Public Works Director or Water Department. The variance Planning Permit is required because the house is proposed to be located ten feet from unimproved Third Street; the Zoning Ordinance requires 30 feet from the exterior sideyard. It is unlikely Third Street will be improved. RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: 1. Utilities to the site shall be provided according to Public Works Department and Water Department requirements. 2. A grading /drainage plan shall be submitted for review and approval with the building permit plans. 3. Access off of Aspen Street to the lot shall be provided by the property owner as required by the Public Works Director. 4. A drainage study shall be prepared ensuring that the new Aspen Street drainage pipe can handle the drainage flow. FINDINGS: 1. Because of site constraints, it is not practical to extend Aspen Street to the west to the site boundary. 2. It is unlikely Third Street will be constructed in the Third Street right -of -way. ATTACHMENT: - Plans. PLANNING COMMISSION RECOMMENDATION: Approval. • • • Case Number V LLJJ___ Fee Paid 7G CASE NUMBER Date Filed 2/27/52./ PLANNING ADMINISTRATIVE FORM Street Location of Property: North East corner of Third and Aspen Logo! Doscription of Property: Lots 4 & 5 of block 10 Carli & Schulenburgs Owner: Name �Iohn_ &_lieather_Haug_, Address _ o$ w, Hickory St. Stw. Phone: 430 -0485 Applicant (if other than owner): Name Address Phone: Typo of Request:. ___ Rozoning ___ Approval of Preliminary Plat Spocial Use Permit ___ Approval of Final Plat xx Variance ___ Other Description of Request: 10 foot set -back variance on western 'boundary Signature of Applicant: - Data of Public Hearing: '� NOTE: Sketch of proposed property and structure to be dra yn.on 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. d ' 0R •;ID ,�Q1 4. Dimensions of proposed structure.'` L. 5. Street names, ti 6. Location of adjacent existing buildings. t'- 7. Other information as may be requested. Approved ___ Donied ___ by tho Planning Commission on��= subject to the following conditions: •Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Use other side), Addn 1 CERTIFICATE OF SURVEY 13r: Dorothy Spaise 1008 No. S'2Con4! .G'• J'fi / /wa /er, Mn. 510 8 Z. Phone, 43.9- 79 63 Pro er Lois 4 d 5 8 /ock 10, earls / Schulenbur,s Ac%ddion fo Stillwater, Minneso /a Washin¢ ton Coun/y , Nit?. Nole : This properly has been surveyed Schu - using the revised' p /at of Car /i ? /en ursis Addition fo S /i/ /wafer as drawn by Myron Shear in 186' and is on tie in /he 0 ice o / /he County leecon%r . Cs o E.. • deno/€f iron mon umen/ Rum d I. o denotes iron monument . .rel. 50 71.5 pled. 70.06 mecrs.- Qone wall 5o ti. 70.0 meos.; 70.2 p /af. d- N 3 T. SCALE:i Inch = 4o Feet 1 0 Denotes Iron We hereby certify that boundaries of the above thereon, and all visible Dated this 'rM day of 1 Bearings shown are on an assumed datum. this is a true and correct representation of a survey of the described land and of the location of all buildings, if any, encroachments, if any, from or on said land. E.G. RUD & SONS, INC. i by l get, ,4411. is 9'0 Minn.' Reg. No Job No. 90670 Book 38 Page E.G. RUD & SONS, INC. LAND SURVEYORS 9560 Lexington Avenue N. Circle Pines, Minnesota 55014 Telephone: 786 -5556 • '4111:0, D.174ER to acai)e SET—BACKS: ! — FRONT; approximately ACK; 10' on both the STILLWATER PLANNING COMMISSION MINUTES Date: March 11, 1991 Time: 7:00 p.m. Members Present: Gerald Fontaine, Chairman Angela Anderson, Glenna Bealka, Judy Curtis, Gary Funke, Rob Hamlin, and Warren Pakulski Steve Russell, Comm. Dev. Director Members Absent: Duane Elliott and Don Valsvik Chairman Fontaine called the meeting to order. APPROVAL OF MINUTES Motion by Warren Pakulski to approve the minutes of the meeting of January 14, 1991 as submitted. Seconded by Angela Anderson. Motion carried 7 -0. PUBLIC HEARINGS Case No. SUP /V/90 -73 - A Variance and Special Use Permit for the construction of a garage addition on an existing substandard struture (one foot seven inches from the property line, thirty foot setback required) for a residential use in an accessory structure at 115 North Harriet Street. The Planning Commission has reviewed this application at a previous meeting and denied the request, primarily because the applicant was not in attendance at that meeting. The request went to the city Council, but was referred back to the Planning Commission for comments. James Lund, owner, explained that his home is 120 years old and there is no basement or family room. He does not want to change the structure of the home by adding on. The addition to the garage will not be a complete second story. The pitch of the roof will be changed to match the roofline of the house, and he feels the addition will give the garage more of a carriage house look. Mr. Russell showed a video of the property and reported that the only comment from the City Council during its review was favorable because of the carriage house look. He also stated that the zoning ordinance does not allow habitation of garages. The Commission agreed that a condition should be added prohibiting the installation of water and sewer. Mr. Lund stated there will be electric heat in the addition. He also stated that neighbors have told him there used to be a structure similar to this on the property. 1 Stillwater Planning Commission March 11, 1991 • Rob Hamlin stated that because of the unique property and the fact that the garage will be architecturally consistent with the house, the addition will add to the character of the property. Motion by Rob Hamlin to approve the variance and special use permit with the condition that no water or sewer be installed and that the area be used for storage and playroom only, with electric heat only. Seconded by Warren Pakulski. Motion carried 6 -1; Judy Curtis opposed. Case SUP /V/91 -6 - A Variance to the Sign Ordinance for the placement of a wall sign and projecting sign and a Special Use Permit to operate a small tearoom /coffee shop with a retail establishment at 232 South Main Street in the CBD, Central Business District. Thomas Loome, co- owner, presented the request. The Antiquarian Booksellers will be moving into the former Hooley's store. There is currently a projecting sign at the present location and the owners wish to move that sign to the new location, and to replace the current Hooley's sign with a new wall sign. There will also be window signage with gold leaf lettering. Mr. Loome stated that bookstores traditionally have a projecting sign reading "BOOKS ". Mr. Russell noted that the ordinance does not allow an outside display of books, which is presently done at the bookstore. Mr. Loome agreed to remove these. Mr. Russell also stated that since each business is allowed one sign, the bookstore would be allowed one sign and the coffee shop would be allowed a different sign without a variance. Rob Hamlin made a motion to approve the Special Use Permit for a coffee shop. Judy Curtis seconded. Motion carried 7 -0. Rob Hamlin made a motion to deny the variance request for additional signage. Judy Curtis seconded. Motion to deny carried 6 -1; Warren Pakulski opposed. Case No. SUP /91 -7 - A Special Use Permit to conduct a Karate Studio at 1754 -1798 Curve Crest Boulevard in the BP -I, Business Park Industrial District. James Kellison, Curve Crest Properties, presented the request, along with Jack Hunt, owner of the karate school. Several parents of karate students were present and expressed their support of the karate school and the plans to move to a new location. Motion by Rob Hamlin to approve the Special Use Permit. Seconded by Gary Funke. Motion carried 7 -0. Case No. V /SUB /91 -8 - Variance to the lot size requirements for a minor subdivision of a 3,528 square foot parcel into two parcels 2 • Stillwater Planning Commission March 11, 1991 of 896 square feet and 2,688 square feet in the CBD, Central Business District. No applicant was present. The case will be heard at a later time. Case No. V /SUB /91 -9 - Variance to the lot size requirements and a major subdivision of an approximate 5.0 acre parcel into eight lots ranging in size from 6,400 square feet to 10,800 square feet and a common open space area of approximately 2 acres located on Eagle Ridge Trail adjacent to Lake McKusick in the RA, Single Family Residential District. case No. PUD /91 -10 - A Concept Planned Unit Development for the construction of eight duplex attached single family dwelling units with a zero sideyard lot line. The proposed development is located on Eagle Ridge Trail adjacent to Lake McKusick in the RA, Single Family Residential District. Tim Nolde was the applicant for both cases. Mr. Nolde stated that the plans are to build eight one -level townhomes in the $180- 200,000 price range. He stated that concerns for the McKusick Lake wetlands have been kept in mind, and the number of units planned has been reduced from twelve to eight to keep more open space. A number of neighboring homeowners were present to express their concerns. A resident of Eagle Ridge Trail stated that he is opposed to the development because it is zoned single family, and he believes it would destroy the wetland and character of the neighborhood. He feels it would decrease the value of the neighboring homes. Mr. Nolde responded that he does not believe the development would decrease the value of the other homes. He stated that Oak Glen does not need any more single family homes, and he will not be competing with the neighbors to sell single family homes. Bill Lecuyer, developer of Wildwood Pines, stated that this is the highest taxed area in Stillwater and the City will be losing taxes on this property if duplexes are built. A man representing his daughter who lives at 835 Eagle Ridge Lane stated that this development is inconsistent with the area. The residents purchased their homes with the understanding that it would be all single family homes. Dick Petrick, 871 Eagle Ridge Lane, stated that his house is bigger and more expensive than two of the attached units being planned. He will also be able to see them from his backyard which is presently unobstructed. He bought his home because it is in a single family neighborhood. He currently pays $6,000 in property taxes. Stillwater Planning Commission March 11, 1991 Rob Hamlin made a motion to deny the PUD and subdivision request. Judy Curtis seconded. Motion carried 5 -0, with Gerald Fontaine and Glenna Bealka abstaining. Case No. V /91 -11 - Variance to the sideyard setback requirements (thirty feet required, ten feet requested) and request for private access to an unimproved road at the Northeast corner of Third and Aspen Streets in the RB, Two Family Residential District. John Haug presented the application. He stated that the request for private access is being withdrawn. He spoke with the Public Works Director earlier today and was told that Aspen Street could be extended. There was discussion regarding at whose cost the street will be extended. There are three recommended conditions of approval. Condition No. 2 was eliminated. Two new conditions were added: 3) Access off Aspen Street to the lot will be provided by the owner as required by the Public Works Director. 4) The City Engineer to look at storm sewer size and complete a drainage study to ensure that the storm sewer is adequate. Motion by Warren Pakulski to approve the variance with four conditions. Seconded by Glenna Bealka. Motion carried 7 -0. OTHER BUSINESS Review Criteria for Vacant Lots on Unimproved Streets - The Commission reviewed and discussed the criteria which were developed as a result of several requests which have come before the Commission. Item No. 2 was clarified with the addition of "...regardless of zoning ". Motion by Rob Hamlin to accept the Review Criteria for vacant lots on Unimproved Streets. Seconded by Gary Funke. Motion carried 7 -0. manual Review of SUP /89 -31 for MTM ticket trailer lust north of Lowell Park - There was discussion of the problem with resident complaints regarding the whistle blowing. The whistle blowing is required by Federal law at all intersections, and is not just for effect. The duration has been reduced as much as possible. Motion by Judy Curtis to approve the annual review with four conditions as stated. Seconded by Warren Pakulski. Motion carried 7 -0. The meeting adjourned at 9:10 p.m. THE BIRTHPLACE OF MINNESOTA TO: STEVE RUSSELL FROM: ANN PUNG - TERWEDO DATE: MARCH 27, 1991 SUBJECT: CASE NO. PUD/91-1 AND SUB /91 -10 - PEDESTRIAN PATH ON LAKE McKUSICK, CONDITION OF APPROVAL NO. 3. The Parks and Recreation Board reviewed the park dedication requirement for the pedestrian path (Case No. PUD /91 -9 and SUB /91 -10) on Lake McKusick at their regular meeting of March 26, 1991. The Board approved Condition No. 3 as stated: 3. The recommendation of the Parks Board regarding park dedication requirements for McKusick Lake shall be a usable pedestrian walkway easement and shall be shown on the Final PUD plan and dedicated before the final plat is recorded. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 EXECUTIVE DIRECTOR Dennis L. Balyeat /9/ Telephone (612) 458 -0936 Telecopier (612) 458 -1696 Washington County Housing and Redevelopment Authority 321 Broadway Avenue • Saint Paul Park, Minnesota 55071 March 14, 1991 Mr. Nile Kriesel /Coordinator City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Nile: Enclosed are documents that need to be executed by the city council for the First -Time Home Buyer Program in the City of Stillwater. If you have any questions, please contact me. Sincerely, Teri Galles Deputy Director /m Enclosures CITY OF STILLWATER, MINNESOTA RESOLUTION NO. APPROVING THE ISSUANCE BY THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY OF SINGLE FAMILY MORTGAGE REVENUE BONDS PURSUANT TO THE 1991 BOND PROGRAM FOR THE CITY OF STILLWATER. WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act "), the City of Stillwater, Minnesota (the "City ") is authorized to adopt a housing plan and carry out programs for the financing of single family housing which is affordable to persons of low and moderate income in the City; and WHEREAS, the City has heretofore adopted a housing plan (the "Plan ") in accordance with the Act, a copy of which is on file with the City; and WHEREAS, the Plan provides for programs for the issuance of bonds to finance the acquisition of single family housing primarily by persons and families of low or moderate income in accordance with the goals, conditions and requirements of the Plan; and WHEREAS, by Ordinance No. 633, the City has authorized the Washington County Housing and Redevelopment Authority (the "Authority ") to exercise on behalf of the City, the powers conferred by Minnesota Statutes, Chapter 462C; and WHEREAS, the Act requires adoption of a housing finance program, a copy of which is attached hereto as Exhibit A (the "Program "), after a public hearing held thereon for which notice was published in a newspaper of general circulation in the City at least fifteen (15) days in advance of the hearing; and WHEREAS, the Program provides for the issuance by the Authority, on behalf of the City, of single family mortgage revenue bonds in an aggregate amount not exceeding $5,000,000 (the "Bonds ") to finance the acquisition of single family housing in the City primarily by persons and families of low or moderate income and first -time homebuyers, all as more fully described in the Program; and WHEREAS, the Authority on behalf of the City has conducted a public hearing on the Program, following publication of notice as required by the Act; and WHEREAS, the Program was submitted to the Metropolitan Council at the time of publication of notice of the public hearing on such Program; and the Metropolitan Council has been afforded an opportunity to present comments at the public hearing, all as required by the Act; and WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA ") for review. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: That the City hereby approves the issuance by the Authority of the Bonds pursuant to the Program and hereby authorizes the staff of the Authority to do all things and take all actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulations. ADOPTED: ATTEST: , 1991 2 Mayor EXHIBIT A WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 1991 SINGLE FAMILY HOUSING PROGRAM FOR THE CITY OF STILLWATER, MINNESOTA Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorizes a city to develop and administer programs of making or purchasing mortgage loans to finance the acquisition, by low and moderate income persons and families, of single family housing located anywhere within its boundaries, subject to Minnesota Statutes, Section 462C.07. The City of Stillwater, Minnesota (the "City ") intends to authorize The Washington County Housing and Redevelopment Authority (the "Authority ") to issue its single family mortgage revenue bonds pursuant to the Act to finance a program of making or purchasing loans (or securities representing pools of such loans) to finance the acquisition of single family housing by low or moderate income persons as defined in the Act. In creating this housing finance program, the City has found and determined that the preservation of the quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the residents of the City; that a need exists within the City to provide in a timely fashion additional affordable housing to be sold to persons of low and moderate income residing and expected to reside in the City; and that a need exists for mortgage credit to be made available for both existing and new single family housing and for rehabilitation of existing single family housing and for home improvements. Pursuant to the Act, the City intends to authorize the Authority to issue its single family mortgage revenue bonds in an aggregate principal amount not exceeding $5,000,000 to make or purchase mortgage loans (or securities representing pools of such loans) to finance the acquisition, construction or rehabilitation of single family housing in the City subject to the following terms: purchase price - the maximum purchase price for financed homes shall not exceed the lesser of (a) 90% (110% in "targeted areas ") of the applicable "average area purchase price" determined by the United States Department of the Treasury, or (b) 3 times the applicable income limit for the program imposed by state law (except that in targeted areas purchase price shall not exceed the maximum of 4 times the applicable income limit to the extent consistent with applicable federal law); income limits - the maximum income limits shall be the lower of the income restrictions imposed by federal tax law and the income restrictions imposed by Minnesota Statutes, Section 462C.03, including Subd. 3, the restriction that for the first six months of the program 50% of the money available to make mortgage loans must be reserved for persons and families with adjusted incomes not greater than 90% of the general Minnesota income limits; first -time homebuyers - the mortgage loans must be made to mortgagors who are first -time homebuyers, as defined under federal tax law. In connection with this single family mortgage revenue bond program: (i) any financial institutions described in Section 462C.03, Subd. 4, and other mortgage lenders with offices located in the City and which are FHA/VA approved sellers of mortgage loans as well as other financial institutions and mortgage lenders which are FHA /VA, or FNMA /FHLMC approved sellers of mortgage loans, will be eligible for consideration for origination of such loans; the Authority will not limit participation in the program to a single lender unless other lenders are not willing to participate for the consideration offered; (ii) loans will not be made to one developer or builder or restricted to housing provided by one developer or builder; (iii) the Authority would expect to contract with a program administrator to insure that the program will be consistent with the City's Housing Plan, this program and the applicable state and federal law; (iv) an allocation up to $5,000,000 of the State's volume limitation for tax - exempt bonds is required and will be requested for the bonds; (v) the program will meet the needs of low and moderate income families by providing below - market rate financing for the acquisition or rehabilitation of single family homes, thereby enabling such persons to qualify for mortgages which would be unavailable at market rates; (vi) the City hereby requests a waiver by the Minnesota Housing Finance Agency of the provisions of Section 462C.03, Subd. 5; (vii) no homes which are located in previously unincorporated real property annexed by the City within one year prior to the date of adoption of this program will be financed under this program; (viii) prohibitions or limitations on assumption will be imposed to the extent required by federal law relating to the tax exempt status of bonds issued to finance the program; (ix) the estimated amount of mortgage or rehabilitation loans to be made or purchased in the program is $5,000,000 if all bonds are issued; (x) the estimated aggregate principal amount of the bonds is $5,000,000, timed for sale consistent with the needs of the City no later than the end of 1991 unless volume limit is carried forward or otherwise permitted to be used for such purpose in a later year; this amount may also include the funding of appropriate reserves and payment of costs of issuance; (xi) if mortgage credit certificates are utilized, a program amendment containing required program terms will be submitted; (xii) rehabilitation loans may be permitted, consistent with Minnesota Statutes, Section 462C.01, Subd. 8, and Section 462C.03, Subd. 11; • (xiii) to the extent required by state law, during the first ten months of the origination period loans will be made for new housing only if one of the following conditions is met: (1) the new housing is located in a redevelopment area and is replacing a structurally substandard structure or structures; (2) the new housing is located on a parcel purchased by the Authority or conveyed to the Authority under Minnesota Statutes, Section 282.01, Subd. 1; or (3) the new housing is part of a housing affordability initiative, other than those financed with the proceeds from the sale of bonds, in which federal, state or local assistance is used to substantially improve the terms of the financing or to substantially write down the purchase price of the new housing. Additional program details are found in the draft application to the Minnesota Housing Finance Agency. ADDENDUM TO THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 1991 SINGLE FAMILY HOUSING BOND PROGRAM FOR THE CITY OF STILLWATER To the extent required in order to obtain an allocation from the housing pool pursuant to Minnesota Statutes, Section 474A.061, subd. 2(a), the following requirements shall apply notwithstanding anything set forth in the Program. These additional requirements shall be applicable only to the extent of any allocation received pursuant to Minnesota Statutes, Section 474A.061, subd. 2(a). 1. Income Limits - The adjusted income of participating mortgagors may not exceed the greater of (i) the applicable limits established by the Minnesota Housing Finance Agency ( "MHFA ") or (11) 80% of the median income for the Minneapolis /Saint Paul Metropolitan Statistical Area. 2. Purchase Price - The maximum purchase price for homes financed may not exceed the lesser of (a) the greater of (i) the maximum housing price limits established by the MHFA, or (ii) 90% of the median purchase price in the City or (b) 80% of the safe harbor limitation for existing housing provided under Section 143(e) of the Internal Revenue Code of 1986, as amended; provided, however, that clause (a) above shall not apply to the extent that subsidy is used to reduce the effective purchase price of the property to the lesser of clause (a) or clause (b). 1 • • EXHIBIT B NOTICE OF PUBLIC HEARING ON THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 1991 SINGLE FAMILY HOUSING BOND PROGRAM FOR THE CITY OF STILLWATER. NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Washington County Housing and Redevelopment Authority (the "Authority "), will meet on , 1991 at or after .m. at 321 Broadway Avenue, St. Paul Park, Minnesota, for the purpose of conducting a public hearing on the adoption of a single family mortgage revenue bond program prepared in compliance with Minnesota Statutes, Chapter 462C. The program provides for the issuance by the Washington County Housing and Redevelopment Authority (the "Authority ") on behalf of the City of Stillwater, Minnesota (the "City "), of revenue bonds in an amount not exceeding $5,000,000 (the "Bonds ") to undertake a program of making or purchasing mortgage loans made to acquire or rehabilitate single family housing in the City by low or moderate income persons or families. The Bonds shall be limited obligations and the Bonds and interest thereon shall be payable solely from the revenues pledged to the payment thereof. No holder of any such Bonds shall ever have the right to compel any exercise of the taxing power of the City or the Authority to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City or the Authority except revenues of the program. All persons interested may appear and be heard at the time and place set forth above. [Date of Publication] BY ORDER OF THE BOARD OF COMMISSIONERS OF THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Executive Director • WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 1991 SINGLE FAMILY HOUSING PROGRAM FOR THE CITY OF STILLWATER, MINNESOTA Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorizes a city to develop and administer programs of making or purchasing mortgage loans to finance the acquisition, by low and moderate income persons and families, of single family housing located anywhere within its boundaries, subject to Minnesota Statutes, Section 462C.07. The City of Stillwater, Minnesota (the "City ") intends to authorize The Washington County Housing and Redevelopment Authority (the "Authority ") to issue its single family mortgage revenue bonds pursuant to the Act to finance a program of making or purchasing loans (or securities representing pools of such loans) to finance the acquisition of single family housing by low or moderate income persons as defined in the Act. - In creating this housing finance program, the City has found and determined that the preservation of the quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the residents of the City; that a need exists within the City to provide in a timely fashion additional affordable housing to be sold to persons of low and moderate income residing and expected to reside in the City; and that a need exists for mortgage credit to be made available for both existing and new single family housing and for rehabilitation of existing single family housing and for home improvements. Pursuant to the Act, the City intends to authorize the Authority to issue its single family mortgage revenue bonds in an aggregate principal amount not exceeding $5,000,000 to make or purchase mortgage loans (or securities representing pools of such loans) to finance the acquisition, construction or rehabilitation of single family housing in the City subject to the following terms: purchase price - the maximum purchase price for financed homes shall not exceed the lesser of (a) 90% (110% in "targeted areas ") of the applicable "average area purchase price" determined by the United States Department of the Treasury, or (b) 3 times the applicable income limit for the program imposed by state law (except that in targeted areas purchase price shall not exceed the maximum of 4 times the applicable income limit to the extent consistent with applicable federal law); income limits - the maximum income limits shall be the lower of the income restrictions imposed by federal tax law and the income restrictions imposed by Minnesota Statutes, Section 462C.03, including Subd. 3, the restriction that for the first six months of the program 50% of the money available to make mortgage loans must be reserved for persons and families with adjusted incomes not greater than 90% of the general Minnesota income limits; first -time homebuyers - the mortgage loans must be made to mortgagors who are first -time homebuyers, as defined under federal tax law. 1 In connection with this single family mortgage revenue bond program: (1) any financial institutions described in Section 462C.03, Subd. 4, and other mortgage lenders with offices located in the City and which are FHA/VA approved sellers of mortgage loans as well as other financial institutions and mortgage lenders which are FHA /VA, or FNMA /FHLMC approved sellers of mortgage loans, will be eligible for consideration for origination of such loans; the Authority will not limit participation in the program to a single lender unless other lenders are not willing to participate for the consideration offered; (ii) loans will not be made to one developer or builder or restricted to housing provided by one developer or builder; (iii) the Authority would expect to contract with a program administrator to insure that the program will be consistent with the City's Housing Plan, this program and the applicable state and federal law; (iv) an allocation up to $5,000,000 of the State's volume limitation for tax - exempt bonds is required and will be requested for the bonds; (v) the program will meet the needs of low and moderate income families by providing below - market rate financing for the acquisition or rehabilitation of single family homes, thereby enabling such persons to qualify for mortgages which would be unavailable at market rates; (vi) the City hereby requests a waiver by the Minnesota Housing Finance Agency of the provisions of Section 462C.03, Subd. 5; (vii) no homes which are located in previously unincorporated real property annexed by the City within one year prior to the date of adoption of this program will be financed under this program; (viii) prohibitions or limitations on assumption will be imposed to the extent required by federal law relating to the tax exempt status of bonds issued to finance the program; (ix) the estimated amount of mortgage or rehabilitation loans to be made or purchased in the program is $5,000,000 if all bonds are issued; (x) the estimated aggregate principal amount of the bonds is $5,000,000, timed for sale consistent with the needs of the City no later than the end of 1991 unless volume limit is carried forward or otherwise permitted to be used for such purpose in a later year; this amount may also include the funding of appropriate reserves and payment of costs of issuance; (xi) if mortgage credit certificates are utilized, a program amendment containing required program terms will be submitted; (xii) rehabilitation loans may be permitted, consistent with Minnesota Statutes, Section 462C.01, Subd. 8, and Section 462C.03, Subd. 11; 2 (xiii) to the extent required by state law, during the first ten months of the origination period loans will be made for new housing only if one of the following conditions is met: (1) the new housing is located in a redevelopment area and is replacing a structurally substandard structure or structures; (2) the new housing is located on a parcel purchased by the Authority or conveyed to the Authority under Minnesota Statutes, Section 282.01, Subd. 1; or (3) the new housing is part of a housing affordability initiative, other than those financed with the proceeds from the sale of bonds, in which federal, state or local assistance is used to substantially improve the terms of the financing or to substantially write down the purchase price of the new housing. Additional program details are found in the draft application to the Minnesota Housing Finance Agency. 1 • NOTICE OF PUBLIC HEARING ON THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 1991 SINGLE FAMILY HOUSING BOND PROGRAM FOR THE CITY OF STILLWATER. NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Washington County Housing and Redevelopment Authority (the "Authority "), will meet on , 1991 at or after .m. at 321 Broadway Avenue, St. Paul Park, Minnesota, for the purpose of conducting a public hearing on the adoption of a single family mortgage revenue bond program prepared in compliance with Minnesota Statutes, Chapter 462C. The program provides for the issuance by the Washington County Housing and Redevelopment Authority (the "Authority ") on behalf of the City of Stillwater, Minnesota (the "City "), of revenue bonds in an amount not exceeding $5,000,000 (the "Bonds ") to undertake a program of making or purchasing mortgage loans made to acquire or rehabilitate single family housing in the City by low or moderate income persons or families. The Bonds shall be limited obligations and the Bonds and interest thereon shall be payable solely from the revenues pledged to the payment thereof. No holder of any such Bonds shall ever have the right to compel any exercise of the taxing power of the City or the Authority to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City or the Authority except revenues of the program. All persons interested may appear and be heard at the time and place set forth above. [Date of Publication] BY ORDER OF THE BOARD OF COMMISSIONERS OF THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Executive Director • THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: NILE KRIESEL - CITY COORDINATOR, STEVE RUSSELL - COMMUNITY DEVELOPMENT DIRECTOR AND DIANE DEBLON — FINANCE DIRECTOR. DATE: MARCH 29, 1991 SUBJECT: DECISION ON SCOPE OF DOWNTOWN IMPROVEMENTS AND REVIEW OF FINANCING PLAN BACKGROUND On January 8, 1991, the City Council approved and authorized bids for the Downtown Improvement Plans. As directed, the plans were bid with four alternatives: two lighting, one for pavers and one for landscaping. The lowest bid was received from Johnson Brothers from Litchfield with the following bids: Base Bid Shoebox Light - Alt. 1 Shoebox Ped. Light Alt. 2 Pavers, Alt. 3 Landscaping, Alt. 4 $4,479,818.85 89,360.00 585,141.15 318,927.05 $101,293.00 The base bid received from Johnson Brothers was $301 040.65, or 6% less than the engineers estimated of $4,881,759.50. The alternative bids, in all cases, were less than the engineers estimates. PROJECT ALTERNATIVES The project alternatives include two lighting schemes; one for shoebox lights $89,000 and one for pedestrian lighting $585,000. As previously described, the pedestrian lighting alternative would provide acorn light fixtures along Main Street from Elm Street to the South Main parking lot and along side streets to Second Street or Third Street. The acorn light fixtures cost $2,200 each, so depending on the extent of lighting (using that fixture), the price could be reduced. (It is possible to light portions of the Downtown with acorn lights for $300,000.) With this direction, Staff could recommend the particular streets to be lighted. PAVERS The cost of the sidewalk paver treatment is $319,000. Again, it would be possible to install less area and reduce the cost of pavers. LANDSCAPING The cost of landscaping, primarily along Main Street and up Chestnut, is $99,000. This is a minimal amount (less than 1.5 %) when considering a project of this size. Again, like the other alternatives, it is possible to reduce the amount of landscaping thereby reducing cost. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439 -6121 1 • The maximum total project base bid plus alternatives 2, 3, and 4 is $5,585,179. OTHER ALTERNATIVE IMPROVEMENTS Since the January 8th Council meeting, Councilmembers have mentioned Downtown improvements that are of particular importance to then or not included in the improvement plans. Those improvements discussed in this section are parking lot improvements, Chestnut/Water/Nelson Street improvements, trash facilities, benches and entryway improvements. PARKING LOTS Parking is one of the most critical issues facing the Downtown. The Parking Task Force and some Councilmembers feel the existing City parking lots, or land purchased for parking, should be improved during this improvement phase. The parking areas may include: South Main Lot (lighting and landscaping) Reeds Lot (lighting and landscaping R.R.) Lowell Inn Rivertown Commons Lot (pave /landscape, lights) Second and Mulberry Lot (pave and lights) North Main Lot (pave /landscape /lights) The total cost of the parking lot improvements is estimated at $200,000. If the Council feels these parking improvements are important at this point, they can be added into the project. Chestnut /Water /Nelson Street Improvements - This project is strongly recommended to continue the continuity of Lowell Park. The project would include railroad and minimum street landscaping and lighting the area with acorn lights similar to bridge and Lowell Park. The cost of the improvement is estimated at $100,000. TRASH FACILITIES Two trash buildings may be necessary to successfully manage the trash in tyre Downtown. In addition, trash receptacles are necessary for Main Street. The estimated cost of the structures is $100,000. Thirty trash receptacles and ten benches are estimated at $42,000. ENTRYWAY IMPROVEMENTS The entryway improvements, (i.e. new signage, trimming, cleaning the entryways into the Downtown) is estimated to cost $60,000. The Downtown Entryway Plan calls for the work being done this summer as a part of the first phase improvement. The costs of these projects are included with budget below. A recap of additional estimated project costs not included in the construction bids is as follows: 2 NSP electrical undergrounding $512,000 Trash enclosures 100,000 Garbage containers 30,000 Benches 12,000 Underground storage tank removal 50,000 Parking lot improvements 200,000 Entryway improvements 60,000 Engineering fees (remaining) 550,000 Contingencies 500,000 TOTAL $2,014,000 The combined total of maximum construction bids of $5,585,179 and additional project costs of $2,014,000 is $7,599,179. FINANCING AND REVENUES MnDOT $1,100,000 Special Assessments (net) 1,700,000 TIF 4,735,000 Water Board 65,000 TOTAL $7,600,000 Attached to this memo are bond schedules prepared by Ron Langness showing a maximum tax exempt TIF bond that could be supported is $6,350,000. (Actual dollars available for construction purposes would be $6,225,000.) This is after taking into consideration a taxable TIF bond for the Glacier Park land purchase of $650,000. Total combined TIF bonding capacity at this time is $7,020,000. SCHEDULE In order to begin construction in June on Downtown improvements the following meetings /decisions will have to be made. April 2, 1991 - Decision on scope of project. April 16, 1991 - Special Assessment Hearing. May 7, 1991 Approve MnDOT cooperative agreement. May 22, 1991 - Award contract for improvements. June 3, 1991 - Contractor begins work. RECOMMENDATION Council review of bid information and alternatives and decision on scope of work. 3 O City of Stillwater, Minnesota \ fi wnntown Redevelopment Banda O Maxima Supportable With TIF SPRINGSTED INC. $612 223 3002 Prepared March 28, 1991 By SPRINGSTED Incorporated Dated: 8- 1 -1991 Mature: 2- 1 First Interest: 2- 1 -1992 Total Taxable Projected Year of Year of Principal 105% Issue Total Tax Annual Cumulative Levy Mat. Principal Rates Interest d$ Interest of Total 0 105% Debt Increment Surplus Surplus (1) (2) (3) (4) (5) (6) (7) (6) (9) (10) (11) (12) 1990 1992 0 0.00% 299,266 299,266 314,229 207,310 521,539 531,304 9,765 9,765 1991 1993 0 0.004 448,899 448,899 471,344 77,012 548,356 556,694 8,338 16,103 1992 1994 0 0.00% 448,899 446,699 471,344 158,445 629,789 637,955 8,166 26,269 1993 1995 0 0.00% 448,899 448,899 471,344 159,358 630,702 636,035 5,333 31,602 1994 1996 15,000 6.004 448,899 463,899 487,094 148,712 635,806 634,965 0 30,761 1995 1997 15,000 6.154 447,999 462,999 486,149 148,376 634,525 834,840 315 31,076 1996 1998 180,000 8.254 447,076 607,076 837,430 0 637,430 635,550 0 29,196 1997 1999 170,000 6.35% 437,076 607,076 637,430 0 637,430 637,094 0 28,660 1998 2000 185,000 6.45% 426,281 611,281 641,845 0 641,845 639,627 0 26,642 1999 2001 160,000 6.60% 414,348 574,348 603,065 0 603,065 603,656 591 27,233 2000 2002 275,000 8.75% 403,788 878,788 712,727 0 712,727 713,661 934 28,167 2001 2003 310,000 6.904 385,225 695,225 729,906 0 729,986 729,242 0 27,423 2002 2004 335,000 7.004 363,835 696,835 733,777 0 733,777 730,469 0 24,115 2003 2005 360,000 7.10$ 340,385 700,385 735,404 0 735,404 733,334 0 22,045 2004 2008 500,000 7.16% 314,825 814,825 855,586 0 855,586 856,959 1,393 23,438 2005 2007 540,000 7.15% 279,075 819,075 860,029 0 860,029 656,959 0 20,368 2006 2008 575,000 7.204 240,465 815,485 858,238 0 858,238 856,959 721 21,089 2007 2009 620,000 7.204 199,065 819,065 660,018 0 860,018 856,969 0 18,030 2008 2010 660,000 7.25% 154,425 814,425 855,146 0 855,146 856,959 1,813 19,843 2009 2011 710,000 7.25% 106,575 818,575 857,404 0 857,404 856,959 0 19,398 2010 2012 760,000 7.25% 55,100 815,100 855,855 0 855,855 856,959 1,104 20,502 TOTALS: 1,81941,000t 7,110,405 13,460,405 14,133,424 899,213 15,032,637 15,053,139 cD 0 c0 '"{ Bond Years: 99,708.33 Annual Interest: 7,110,405 Avg. Maturity: 15.70 Plus Discount: 95,250 CD Avg. Annual Rate: 7.131% Net Interest: 7,205,655 \ OD T.I.C. Rate: 7.273% N.I.C. Rate: 7.227+% N \ , 0 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. SPRINGSTED INC. City of Stillwater, Minnesota Prepared March 28, 1991 6670,000 0.0. Taxable Tax Increaent Bonds By SPRINGSTEI) Incorporated Land Acquisition, , Dated: Mature: First Interest: Year of Year of levy Mat. (1) (2) 8- 2- 2 1 -1991 1 1 -1992 Total Principal 105% Principal Rates Interest & Interest of Total (3) (4) (5) (6) (7) 1990 1992 180,000 8.00% 37,430 197,430 207,302 1991 1993 30,000 8.15% 43,345 73,345 77,012 1992 1994 110,000 8.30% 40,900 150,900 158,443 1993 1995 120,000 8.45% 31,770 151,770 139,359 1964 1996 120,000 8.60% 21,630 141,630 148,712 1995 1997 130,000 8.70% 11,310 141,310 148,378 TOTALS: 870,000 186,385 856,385 899,208 Bond Years: 2,186.67 Avg. Maturity: 3.26 Avg. Annual Rate: 8.524% T.I.C. Rate: 8.872% Annual Interest: Plus Discount: Net Interest: N.I.C. Rate: 188,385 6,700 193,085 8.830% cg Interest rates are estiwates; changes way cause significant 0 0) alterations of this schedule. y The actual underwriter's discount bid may also vary. tV C (D N Nr Lb. /('L P.') Fopain No. 235— Application for Retail License to Sell Non - intoxicating Malt Liquors "ON" Premises. (Rev. 5-13-81) BUSINESS RECORDS CORPORATION. MINNESOTA RETAIL "ON SALE" *tate of f6linne5uta, COUNTY OFF�� :: { f.�;l.. ..LAC 4C..kk To the of the of �°1: �---u- State of Minnesota: hereby appl..t°.S.for a, license for the term of 'f`*'f-4 -- .- 1— (7 , it- --t- (- -,a.,/.. from the .%. ,a r day of -.,r..,t '' • / , 19...ZZ, to sell At Retail Only, Non - Intoxicating Malt Liquors, as the same %are defined by law, for consumption "ON" those ce in premises in the described as fotiotvs, to -wit • / 1,,• _ `_5 .. .tom, j %t at which place said applicant operate.,Sthe business of and to that end represent...; ?.and state.` ?.as follows: That said applicant / ' citizen of the United States; of good moral character and repute; and ha attained the age of 21 years; that proprietor of the establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein; That said applicant make this application pursuant and subject t all the laws of the State of Minnesota and the ordinances and regulations of said applicable thereto, which are hereby made a part hereof, and hereby agree to observe and obey the same; (Here state other requirements. if any, of local regulations) Each applicant further states that _-_he is not now the holder of, nor has _he made application for, nor does _he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. J J Dated 1 , 19.1. " .applicant P. 0. address .3J r • EXHIBIT "A" Under penalty of perjury, each person whose signature appears below certifies that: 1. Full name of applicant c,L�.� 2. Birthdate of applicant (if individual) - 3. If Corporation: A. Date of Incorporation: B. List officers and titles C. List directors D. List stockholders 4. List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made, and d scribe their interest in detail tAf C_ .air .--• A. Addresses: (— / /,rte B. Assumed or Trade Names, if any C. Business telephone number SL 3 Q -- D. Home telephone numbers 9 -7 - 3 / 5. Has any person named in the application ever been convicted of a felony? If the answer is ye, set forth the offense, date and county of conviction. AL?) 6. Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager will not violate any city or state laws. Dated: /;-, 147/. Subscribed and Sworn to before me this Notary Pu is f.€day of , 044.4~~L4i,4 MARY LOU JOHNSON NOTARY PUE3UC — MINNESOTA \*-14, RAMSEY COUNTY �•' My Commission Expires Sept. 5. 1991 DAVID MAWHORTER Chief of Police TO: FROM: SUBJECT: DATE: THE SINTHPLACE OF MINNESOTA STILLWATER POUCE DEPARTMENT EMERGENCY TELEPHONE 911 D.P. MAWHORTER L. A. MILLER TRANSFER OF "ON SALE" NON- INTOXICATING MALT LIQUORS LICENSE 032191 APPLICANT: THEODORE LEO ROBERTSON DOB LOCATION: PIZZA PLUS RIBS 1975 S. GREELEY ST STILLWATER, MN. THE ABOVE APPLICANT HAS PASSED A CRIMINAL RECORDS CHECK IN REGARDS TO TEE TRANSFER OF THE ABOVE LICENSE. ROBERTSON HAS A CLEAR RECORD WITH NO ALCOHOL RELATED OFFENSES. V c 212 North Fourth Street, Stillwater, Minnesota 55082. Phone: 612 -439 -1314 or 612-439 -1336 • • • • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 91 -54 A T & T Board Water Commissioners Business Equipment Brokerage Capitol Communications Community Volunteer Service Courier, The Croixside Printing Croix Valley Glassworks DAC Industries, Inc. Dorsey & Whitney Ecolab Pest Elimination First Trust Fred's Tire Company Glaser, Paul Gopher Bearing Company Greeder Electric Grindstone, Inc. Jim's Building Maintenance J. L. Shieley Company R. W. Kirchner & Associates Klosowsky, Bruce Lawrence Sign Lind, Leslie & Gladys Magnuson, David Manship Plumbing McGarry - Kearney Agency Metropolitan Waste Control Commission Minnesota Cellular One Northern States Power Co. Northern States Power Co. North Star Turf, Inc. N. W. Tire & Battery Reed's Sales & Service Reliable Corporation St. Croix Recreation St. Croix Valley Youth Service Bureau St. Paul Pioneer Press Short Elliott Hendrickson Stafford, R. H., Washington County Treasurer Stepp Manufacturing Company Sti11H2O, Inc. Stillwater Motor Company Stillwater Township Suburban Propane Long Distance Calls WAC Charge Calculator Service Agreements 1991 Allocation Publications Bldg. Permit Cards Hardware for Repairs Supplies Legal Services Pest Control Destruction - Securities Tire Repairs Boiler Engineer 3 Sprockets Install Park Lot Lights Ice Knives Sharpened March Services Sand Two Industrial Sites Reimburse -Shoes Overpayment - License Land Purchase Legal Services Refund - Permit Equipment Policy SAC Charge Mobile Phone Charges Energy Charge Ice Arena /Street Lights Milorganite Repairs /Battery 3 - Mowers Office Supplies 4 Drink Fountains 1991 Allocation Ad -Sale of Crane Engineering Waste Management Fees Change Pump System Unplug Toilets Handle Assy. Annexation Agreement Propane $ 15.72 9,751.50 134.95 472.50 2,362.50 321.59 161.00 70.83 1,267.21 3,775.00 195.00 57.50 95.45 200.00 50.05 1,565.00 75.00 726.60 380.67 1,200.00 37.99 2.00 927.00 4,198.55 75.50 5,674.00 17,641.80 21.17 8,653.46 10,757.24 129.00 154.90 1,282.00 74.02 4,417.00 4,835.50 157.08 2,220.99 220.56 150.00 81.25 24.19 9,609.81 401.65 Tower Asphalt, Inc. Uniforms Unlimited Van Paper Company Viking Office Products Vincent Metals WMI of Minnesota MANUAL CHECKS - FEBRUARY Blue Cross /Blue Shield Government Training Service Junker Sanitation Service Lily Lake Imprest Fund Postmaster Stafford, Washington County Treasurer Stafford, Washington County Treasurer MANUAL CHECKS - MARCH Blue Cross /Blue Shield Carufel, James Commissioner of Revenue Glacier Park Company Junker Sanitation Service Lily Lake Imprest Fund Mn. Animal Control Assn. Mn. Animal Control Assn. Minnesota Municipal Board Park Inn International Russell, Stephen Stillwater, City of ADDENDUM TO BILLS Cemstone Ready -Mix Courier, The Glass Service Company Goodin Company Gun N Smith Jacobson, Cynthia Lake Country Chapter ICBO Lenfer Transmissions Moore Business Forms N. W. Tire & Battery Shamrock Industries Stillwater Lions Club Techniflow Corporation United Building Center Blacktop Uniforms Paper Towels /Copy Paper Office Supplies Holobar Round Portable Rentals February Billing Conference - Police Chief's February Payment Reimburse Petty Cash Postage Machine Recording Fees 1991 Tax Rolls March Billing Damages - Manhole Cover February Sales Tax Earnest Money March Payment Reimburse Petty Cash 1991 Dues Spring Training- Jacobson Benson Filing Fee Room - Jacobson Seminar - Russell Reimburse Petty Cash Cement Publications Moulding Sewer Pipe Ammunition /Clip Reimburse -Gas 1991 Dues -Seim Rebuilt Case Purchase Orders 4 Tires Recycling Containers Dues - Russell Rental Cement 566.23 177.75 407.50 207.08 39.93 34.80 2,835.03 400.00 69,104.32 150.00 1,000.00 10.00 195.95 3,163.89 146.14 9,888.74 50,000.00 69,104.33 435.56 20.00 90.00 395.00 43.68 20.00 101.95 204.50 90.00 10.50 131.49 35.80 14.15 15.00 891.89 414.84 240.00 44,620.00 69.00 115.00 23.96 • Valley Agencies Inc. Employees Blanket Bond 116.10 Wybrite, Inc. Color Monitor 185.00 Johnson, Mary Lou Meal 4.00 Adopted by the Council this 2nd day of April, 1991. APPROVED FOR PAYMENT Summit Energy Products 2770 No. Fairview Roseville, Mn. 55113 Fireplace & Woodstove New Installation Gary Teed Construction Co. Masonry & Brick Work Renewal 10155 Perkins Ave. No. Stillwater, Mn. 55082 Twin City Storm Sash Co, Inc. General Contractor New 10825 Greenbrier Rd. Minnetonka, Mn. 55343 Vanderhoff Excavating Excavators New 6109 24th St. No. Oakdale, Mn. 55128 Woodsmith Builders General Contractor New 419 W. Maple St. Stillwater, Mn. 55082 CIGARETTE LICENSE Pizza Plus Ribs (Tneodore L. Robertson) 1975 So. Greeley St. Stillwater, Mn. 55082 Transfer • • ti Gary R. Johnson Vice President—Law Mollies M. Winston Secretary David A. Lawrence Jack F. Sjoholm Director —Law Director —Law Writer's Direct Dial Number 330 -6648 Northern States Power Company Law Department 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612)330 -6600 Fax No. (612)330 -7558 March 18, 1991 TO MUNICIPALITIES AND COUNTIES IN NSP'S ELECTRIC SERVICE TERRITORY: Re: Minnesota Public Utilities Commission Docket No. E- 002 /GR -91 -1 Attorneys Gene R. Sommers Ralph S. 'fowler Joseph D. Bizzano, Jr. Stephen C. Lapadat Harold J. Bagley James L. Altman Donnelida L. Rice Cheri L. Brix Michael J. Hanson Michael C. Connelly On January 28, 1991, Northern States Power Company ( "NSP ") filed for an electric rate increase with the Minnesota Public Utilities Commission ( "PUC "). The Commission has referred this filing to the Office of Administrative Hearings for evidentiary and public hearings. A prehearing conference was held at 9:30 a.m. on March 15, 1991, before Judge Richard C. Luis, at the American Center Building, 780 Kellogg Boulevard, St. Paul, Minnesota 55101. Other procedural matters are discussed in the PUC's Notice and Order for Hearing which is enclosed. Also enclosed is NSP's Notice of Application for Rate Increase. If there are questions, feel free to call the undersigned. DAVID A. LAWRENCE Director - Law Notice to Counties and Municipalities Under Minn. Stat. § 216B.16(1) BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION STATE OF MINNESOTA In the Matter of the Application ) of NORTHERN STATES POWER COMPANY, ) Minneapolis, Minnesota, for ) Authority to Change Its Schedule ) of Electric Rates for Retail Customers ) Within the State of Minnesota ) NOTICE OF APPLICATION FOR RATE INCREASE Docket No. E- 002 /GR -91 -001 On January 28, 1991, Northern States Power Company (NSP) filed notice of an increase in its electric rates with the Minnesota Public Utilities Commission pursuant to Minnesota Statutes §216B.16. The Company proposed a schedule of new rates to take effect on March 29, 1991. The Commission has suspended the proposed rates so they do not go into effect and has set the matter for formal hearing. Pursuant to state law, the Commission will permit the Company to put interim rates into effect on March 29, 1991, until a final rate level is determined. NSP has filed a schedule of interim rates based on the Commission Order in the preceding NSP electric rate case. The Commission will determine the amount of increase in rates it will allow on or before December 2, 1991, and final rates reflecting that determination will be implemented thereafter. If the final rates level is less than the interim rate level, the amount collected during the interim period attributable to that difference will be refunded to customers with interest. Examples of the effect of these increases on typical bills are as follows: • Average Monthly Bills Residential Service Use Present* Interim Proposed 250 KWH $ 16.10 $ 17.06 $ 18.34 500 KWH $ 34.70 $ 36.76 $ 37.18 750 KWH $ 49.80 $ 52.76 $ 53.53 1000 KWH $ 64.90 $ 68.76 $ 69.87 Small General Service 500 KWH $ 36.80 $ 38.99 $ 39.28 1000 KWH $ 67.00 $ 70.98 $ 71.97 2000 KWH $127.40 $134.97 $137.33 The Department of Public Service is conducting an investigation of NSP's books and records. Individual customers will be notified when public hearings are scheduled. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at Northern States Power Company offices located at 414 Nicollet Mall, Minneapolis; 2302 Great Northern Drive, Fargo; 421 Wabasha St., St. Paul; 825 Rice St., St. Paul; 1700 E. County Road E, White Bear Lake; 3000 Maxwell Ave., Newport; 2763 First Ave. N.W., Faribault; 3930 Pepin Ave., Red Wing; 3515 Third St. N., St. Cloud; 5050 Service Drive, Winona; 500 W. Russell St., Sioux Falls; 4501 68th Ave. N., Brooklyn Center; 5309 W. 70th St., Edina; 210 Lime St., Mankato; 5505 County Road 19, Shorewood; 1505 Washington Ave., Montevideo; and 3115 Centre Pointe Drive, Roseville. If you wish to intervene or testify in this case, contact the Minnesota Office of Administrative Hearings, Fifth Floor, Flour Exchange Building, 310 South Fourth Avenue, Minneapolis, MN 55415. * The present rate levels identified in this application represent the rates authorized by the Commission in 1988, in Docket E002 /GR -87 -670. BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Darrel L. Peterson Cynthia A. Kitlinski Dee Knaak Norma McKanna Patrice Vick In the Matter of the Application of Northern States Power Company for Authority to Increase its Rates for Electric Service in the State of Minnesota Chair Commissioner Commissioner Commissioner Commissioner Ar? 1,99 r ISSUE DATE: March 11, 1991 DOCKET NO. E- 002 /GR -91 -1 NOTICE AND ORDER FOR HEARING PROCEDURAL HISTORY On November 2, 1989, Northern States Power Company, (NSP or the Company) filed a petition seeking a general rate increase in Docket No. E- 002/GR -89 -865. The Company's petition was denied in the Commission's FINDINGS OF FACT, CONCLUSIONS'OF LAW AND ORDER dated August 28, 1990. NSP's request for reconsideration was also denied in an Order dated November 26, 1990, entitled ORDER DENYING PETITIONS FOR RECONSIDERATION AND DENYING TRANSITIONAL RATE INCREASE. The Company appealed the Commission's denial of the proposed rate increase to the Minnesota Court of Appeals, then withdrew its appeal. On January 28, 1991, NSP filed a second, separate petition for rate increase in the present docket. In this petition, the Company sought a general rate increase of $98,198,000, or 8.1 %, effective March 29, 1991. On March 11, 1991, the Commission issued its ORDER ACCEPTING FILING AND SUSPENDING RATES in the matter. A copy of the Company's rate increase proposal is on:file in the offices of the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul, Minnesota 55101, and is open for public inspection during regular office hours. Copies are also available for public inspection at the Company's office at 414 Nicollet Mall, Minneapolis, Minnesota 55401. • • FINDINGS AND CONCLUSIONS I. Jurisdiction and Referral for Contested Case Proceedings The Commission has jurisdiction over proposed rate changes under Minn. Stat. § 2168.16 (1988). If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates on the basis of the filing itself, the Commission is to refer the matter to the Office of Administrative Hearings for contested case proceedings. Minn. Stat. § 21613.16, subd. 2 (1988). The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates on the basis of the Company's filing. The Commission will therefore refer the matter to the Office of the Administrative Hearings for contested case proceedings. II. Proposed Rates The Company proposes that any final rate increase be allocated by customer group /revenue category as follows: Residential 8.1% Commercial and Industrial 8.1 Other Sales and Public Authority 8.3 Street and Area Lighting 2.3 Total Retail 8.1 The Commission has suspended the Company's proposed rates by separate Order. By further Order, the Commission will direct the Company to place an interim rate schedule into effect. Interim rates are subject to refund if the Commission ultimately orders a lower overall revenue increase than is recovered through interim rates. Minn. Stat. § 2168.16, subd. 3 (1988). III. Issues to be Addressed Parties shall address the following issues in the course of the contested case proceedings ordered herein: (1) Is the test year revenue increase sought by the Company reasonable or will it result in unreasonable and excessive earnings by the Company? (2) Is the rate design proposed by the Company reasonable? 2 (3) Is the amount built into the Company's base rates for its test year conservation program reasonable, given actual and projected levels of spending? (4) Are the Company's proposed capital structure and return on equity reasonable? The parties may also raise and address other issues relevant to the Company's proposed rate increase. IV. PROCEDURAL OUTLINE Administrative Law Judge -- The Administrative Law Judge assigned to this case is Judge Richard C. Luis. His address and telephone number are as follows: Office of Administrative Hearings, 500 Flour Exchange Building, 310 Fourth Avenue South, Minneapolis, Minnesota 55415, (612) 349 -2542. Hearing Procedure -- Hearings in this matter will be conducted in accordance with the Administrative Procedure Act, Minn. Stat. §§ 14.57 -14.62 (1988); the rules of the Office of Administrative Hearings, Minn. Rules, parts 1400.5100 to 1400.8400; and, to the extent that they are not superseded by those rules, the Commission's Rules of Practice and Procedure, Minn. Rules, parts 7830.0100 to 7830.4400. Copies of these rules and statutes may be purchased from the Documents Section of the Department of Administration, 117 University Avenue, St. Paul, Minnesota 55155, (612) 297 -3000. Under these rules parties may be represented by counsel, may appear on their own behalf, or may be represented by another person of their choice, unless otherwise prohibited as the unauthorized practice of law. They have the right to present evidence, conduct cross - examination, and make written and oral argument. Under Minn. Rules, part 1400.7000, they may obtain subpoenas to compel the attendance of witnesses and the production of documents. .Any party intending to appear at the hearing must file a notice of appearance (Attachment A) with the Administrative Law Judge within 20 days of the date of this Notice and Order for Hearing. Failure to appear at the hearing may result in facts and issues being resolved against the party who fails to appear. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. They should take note that any material introduced into evidence may become public data unless a party objects and requests relief under Minn. Stat. § 14.60, subd. 2 (1986). 3 • • • Any questions regarding discovery under Minn. Rules, parts 1400.6700 to 1400.6800 or informal disposition under Minn. Rules, part 1400.5900 should be directed to Rosellen Condon, Special Assistant Attorney General, 780 American Center Building, 150 East Kellogg Boulevard, St. Paul, Minnesota 55101, (612) 296 -9644. The times, dates, and places of public and evidentiary hearings in this matter will be set by order of the Administrative Law Judge after consultation with the Commission and intervening parties. Intervention -- Persons wishing to become formal parties to this proceeding shall promptly file petitions to intervene with the Administrative Law Judge. They shall serve copies of such petitions on all current parties and on the Commission. Minn. Rules, part 1400.6200. Prehearing Conference -- A prehearing conference will be held in this matter on Friday, March 15, at 9:30 A.M. in the Large Hearing Room at the Commission offices, 715 American Center Building, 150 East Kellogg Boulevard, St. Paul, Minnesota 55101. Persons intending to intervene in the matter should attend the conference, prepared to discuss time frames and scheduling. Other matters which may be discussed include the locations and dates of public hearings, discovery procedures, and similar issues. Time Constraints -- The Commission is required to act on the Company's filing within ten months, or the proposed rates are deemed approved. Minn. Stat. § 216B.16, subd. 2 (1988). This ten -month period can be extended for two months, if the parties submit a settlement which is rejected by the Commission. Minn. Stat. § 216B.16, subd. 2 (1988). The Commission asks the Office of Administrative Hearings to conduct contested case proceedings in light of these time constraints and requests that the Administrative Law Judge submit his final report by September 27, 1991, to allow the Commission adequate opportunity for thorough consideration of the case. Application of Lobbying Provisions -- The lobbying provisions of the Ethics in Government Act, Minn. Stat. §§ 10A.01 et seq., apply to general rate cases. Persons appearing in this proceeding may be subject to registration, reporting, and other requirements set forth in that Act. All persons appearing in this case are urged to refer to the Act and to contact the Minnesota Ethical Practices Board, telephone number (612) 296 -1720, with any questions. 4 Ex Parte Communications -- Restrictions on ex Parte communications with Commissioners and reporting requirements regarding such communications with Commission staff apply to this proceeding from the date of this Order. Those restrictions and reporting requirements are set forth at Minn. Rules, parts 7845.7300 - 7845.7400, which all parties are urged to consult. ORDER 1. A contested case proceeding shall be held on the Company's proposed rate increase. The proceeding shall begin with a Prehearing Conference on Friday, March 15, at 9:30 A.M. in the Large Hearing Room at the Commission offices, 715 American Center Building, 150 East Kellogg Boulevard, St. Paul, Minnesota 55101. 2. This Order will be served on the Company, which shall mail copies of the Order to all municipalities and counties in its service area and to such other persons as the Department of Public Service may request. 3. Public hearings shall be held in this matter at locations within the service area of the Company. 4. In addition to the notices of the proposed change in rates required by the ORDER ACCEPTING FILING AND SUSPENDING RATES, the Company shall give the following notices of the evidentiary and public hearings: a. Individual written notice to each customer, which may be in the form of a bill insert, and shall be served at least ten days before the first day of hearings. b. Written notice to the governing bodies of all municipalities and counties in the area affected and to all parties in the Company's last two rate cases. These notices shall be mailed at least ten days before the first day of hearings. c. Display advertisements in legal newspapers of . affected counties and other newspapers of general circulation within the Company's service area. These advertisements shall appear at least ten days before the first day of hearings. They shall include the heading RATE INCREASE NOTICE,' which heading shall appear•in bold face type no smaller than 30 points. 5 d. The above notice shall contain the information required in Minn. Rules, part 7830.3200, subp. 2. The Company shall submit proposed notices for Commission approval prior to publication or service. S. This Order shall become effective immediately. (S E A L) • 6 BY ORDER ! THE ,COMMIS,SION ) t,k..114L Richard R ancaster Executive Secretary ATTACHMENT A BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS Fifth Floor, Flour Exchange Building 310 South Fourth Avenue Minneapolis, Minnesota 55415 FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION 780 American Center Building 160 East Kellogg Boulevard St. Paul, Minnesota 55101 -- In the Matter of the MPUC Docket No. E- Application of Northern States 002 /GR -91 -1 Power Company for Authority to Increase its Rates for Electric Service in the State of Minnesota OAH Docket No. NOTICE OF APPEARANCE Date of Hearing: March 15, 1991, 9:30 A.M. Name and Telephone Number of Administrative Law Judge: Judge Richard C. Luis (612) 349 -2542 TO THE ADMINISTRATIVE LAW JUDGE: You are advised that the party named below will appear at the above hearing. NAME OF PARTY: ADDRESS: TELEPHONE NUMBER: PARTY'S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: 1 1lwater THE BIRTHPLACE OF MINNESOTA Permit to use Pioneer Park Permission is hereby granted to the party(s) named below: Trinity Lutheran Church During the hours of: 5:30 pm to 8:00 pm on the day of: Wed. May 22nd. 1991 to use Pioneer Park, including exclusive use of the picnic shelter, for the purpose of: Sunday School Picnic This permit does not include the consumption of alchoholic beverages, for which a separate permit from the City Council is required. This permit does not grant the permitee excusive use of the • entire park. Picnickers may use tables outside the shelters. Tim Thomsen Park Supervisor (612) 439 -4561 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 A -4789 Oak Park Heights BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA John W. Carey Kenneth F. Bette Shirley J. Mihelich Mary Hauser Donald Scheel Chair Vice Chair Commissioner Ex- Officio Member Ex- Officio Member IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) THE CITY OF OAK PARK HEIGHTS PURSUANT TO MINNESOTA STATUTES 414 ) FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER AND MEMORANDUM OPINION The above- entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended on January 23, 1991 at Oak Park Heights, Minnesota. The hearing was conducted by Terrence A. Merritt, Executive Director, pursuant to Minnesota Statutes 414.01, Subdivision 12. Also in attendance were John W. Carey, Chair, Kenneth F. Sette, Vice Chair, and County Commissioners Donald Scheel and Mary Hauser, Ex- Officio Members of the Board. The petitioners and the City of Oak Park Heights appeared by and through Mark Vierling, Attorney at Law. The Town of Baytown made no formal appearance. Testimony was heard and records and exhibits were received. After due and careful consideration of all evidence, together with all records, files and proceedings, the Minnesota Municipal Board hereby makes and files the following Findings of Fact, Conclusions of Law, and Order. -2- FINDINGS OF FACT 1. On October 4, 1990, a petition by a majority of the property owners and an accompanying resolution of the annexing municipality was received by the Municipal Board requesting the Board to order annexation. The petition contained all the information required by statute, including a description of the territory subject to annexation, herein after referred to as uthe subject area," which is as follows: All that part of Section 6, Township 29 North, Range 20 West, lying and being easterly of the center line of Stillwater Boulevard North, also known as Minnesota Trunk Highway 5, formerly known as Minnesota Trunk Highway 212, except the South 1,733.15 feet thereof. The West, 1/2 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West, except the South 1,733.15 feet thereof. The Northeast 1/4 of the Southwest 1/4 of Section 5, Township 29 North of Range 20 West. The Southwest 1/4 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West. The North 1/2 of the Northwest 1/4 of Section 5, Township 29 North of Range 20 West, excepting therefrom that part thereof lying and being within the City of Oak Park Heights, Washington County, Minnesota. All of the above lying and being in the County of Washington, State of Minnesota. 2. Due, timely and adequate legal notice of the hearing was published, served and filed. 3. The subject area is unincorporated, approximately 392 acres in size, and abuts the City of Oak Park Heights, hereinafter referred to as "Oak Park Heights," by approximately 25% of the • • or- -3- subject area's border. 4. Oak Park Heights had a population of approximately 1,257 in 1970, approximately 2,591 in 1980, and has a current 1990 population of approximately 3,392. years Oak Park Heights will have 3,650. It is projected that in five a population of approximately 5. The Town of Baytown, hereinafter referred to as "Baytown,fl had a population of approximately 723 in 1970, approximately 851 in 1980, and has a current 1990 population of approximately 696. It is projected that in five years Baytown will have a population of approximately 800. 6. The subject area has a current 1990 population of approximately 3. 7. The subject area has wetlands and is near Cloverdale Lake and McDonald Lake. The terrain is flat to rolling with Antigo and Santiago type soils. The general soils maps indicate that the western portion of the subject area is primarily Antigo Series Soils, with lands in the central area primarily Santiago Series Soils. Antigo soils present problems for septic systems' proper use. There is presently a natural surface water retention pond in the southern portion of the subject area. 8. Oak Park Heights is approximately 1,287 acres in size. 9. Oak Park Heights has approximately 248 acres in residential use, approximately 405 acres in institutional use, -4- approximately 117 acres in commercial use, approximately 300 acres industrial use, and approximately 217 acres in vacant land. 10. Baytown is approximately 6,300 acres in size. 11. Baytown has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 4,048 acres agricultural use, and approximately 2,242 acres in vacant land. 12. The subject area has approximately 5 acres in residential use, approximately 5 acres in commercial use, approximately 209 acres in agricultural use, and approximately 172 acres in vacant lands. The proposed development in the subject area will include commercial, single - family residential, multi - family residential, and public /institutional type 13. Oak Park Heights following municipal services: treatment, storm sewer, solid uses. provides its residents with the water, sanitary sewer and wastewater waste collection and disposal, fire protection through a contract with the Bayport Fire Department, police protection, street improvements and maintenance, administrative services, and recreational opportunities. 14. The city presently does not provide any direct services to the subject area. 15. The city is willing to provide all of the services it presently provides to its residents to the subject area. 16. The township presently provides the subject area with fire protection through a contract with the Bayport Fire Department • • -5- and administrative services. The township contracts with the Washington County Sheriff's Department for police service, the Washington County Public Works Department and private contractors for road maintenance, and private haulers and a contract recycler for waste removal. These are the same services provided to the remainder of the township. 17. Presently, development within the subject area is served by on -site septic systems and private wells. If the subject area is annexed, the city plans to extend municipal sanitary sewer and water. 18. There are no known environmental problems within the subject area. 19. The soil conditions are not conducive to development with on -site individual septic systems. To avoid potential pollution from such systems, Oak Park Heights has proposed the extension of municipal sanitary sewer and water to the subject area. 20. Oak Park Heights has approximately 14 miles of highways, streets, and roads, Baytown has approximately 21 miles in highways, streets, and roads, and the subject area has approximately 1/2 mile of highway. The subject area abuts State Highway 5 and State Highway 36. 21. Oak Park Heights has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The city has a -6- comprehensive plan which was adopted in 1978 and revised in 1988. 22. Baytown has a comprehensive plan adopted in 1981. 23. Washington County has a zoning ordinance, subdivision regulations, an official map, capital improvements program and budget, fire code, shoreland ordinance, floodplain ordinance, wild and scenic rivers ordinance, and a sanitation ordinance. The county adopted a comprehensive plan in 1981. 24. The current zoning of the subject area includes commercial, agricultural and single - family residential zones. 25. If the subject area is annexed to Oak Park Heights, the Oak Park Heights Comprehensive Plan anticipates commercial and residential uses. At the time of the adoption of the comprehensive plan, there was not sufficient available land to accommodate the school. 26. Payable 1990, Oak Park Heights has an assessed value of $194,515,200.00. Its net tax capacity is $7,115,089.00, its local unit of government tax rate is 17.408, and it has two special taxing districts with tax rates of .603 and 4.256. Oak Park Heights has a total bonded indebtedness of $1,190,000.00. 27. Payable 1990, Baytown has an assessed value of $39,714,600.00. Its net tax capacity is $817,092.00 and its local unit of government tax rate is 9.989. The town has two special taxing districts with tax rates of 2.433 and 3.746. Baytown has a total bonded indebtedness of $30,000.00. 28. Payable 1990, the subject area has an assessed value of -7- $1,261,900.00. Its net tax capacity is $43,506.00, which is calculated prior to the removal of the land which the school district owns and will be using for the construction of the new school. 29. Payable 1990, Washington County has a tax rate of 24.934 and the school district has a tax rate of 43.785. These tax rates are the same for both Oak Park Heights and Baytown. 30. Oak Park Heights has a fire insurance rating of 7. 31. Baytown has a fire insurance rating of 9. 32. The annexation of the subject area will have a direct impact on the school district, since a portion of the subject area is the site proposed for the construction of the new Stillwater School District Senior High School. It is anticipated the building will initially be approximately 325,000 square feet with expansion capabilities to 375,000 square feet. The student population is anticipated initially to be 2,000 with expansion capabilities up to 2,400. A school bond issue for the construction of the new senior high school passed in December, 1990, with approximately 60% of those voting in favor of the bond issue. 33. Surface water drainage from the subject area will be in a southerly direction toward McDonald Lake area. It is anticipated that natural ponds will be expanded within the subject area to accommodate the necessary water retention capability. It is planned that the surface water will -8- not flow off of the subject area faster than it presently does at the conclusion of the construction of both the school and the necessary water retention holding areas. 34. The remainder of Baytown can continue to carry on the functions of government without the subject area without undue hardship. 35. The City of Stillwater abuts the subject area across State Highway 36. Oak Park Heights is the only municipality adjacent to the subject area and south of State Highway 36. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. The subject area is now or is about to become urban or suburban in nature, in need of or will be in need of municipal services, and the annexing municipality is capable of providing the services required by the subject area within a reasonable time. 3. The existing township form of government is not adequate to protect the public health, safety, and welfare of the subject area. 4. The annexation would be in the best interests of the subject area. 5. This Minnesota Municipal Board proceeding is not subject to an annexation election, since the petition was initiated by a majority of the property owners. 6. An order should be issued by the Minnesota Municipal • • -9- Board annexing the subject area described herein. O R D E R 1. IT IS HEREBY ORDERED: That the property described in Findings of Fact 1 herein, be and the same is hereby annexed to the City of Oak Park Heights, Minnesota, the same as if it had originally been made a part thereof. 2. IT IS FURTHER ORDERED: That the population of the City of Oak Park Heights is hereby increased by 3 persons. 3. IT IS FURTHER ORDERED: That the population of the Town of Baytown is hereby decreased by 3 persons. 4. IT IS FURTHER ORDERED: That the effective date of this order is March 26, 1991. Dated this 26th day of March, 1991. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 Terrence A. Merritt Executive Director • A -4789 Oak Park Heights M E M O R A N D U M The Municipal Board takes this opportunity to highlight the need for the school district to insure that surface water runoff generated by the thousand car parking lot, incumbent driveways, as well as a 325,000 square foot building, is accommodated within its land and not a problem to the surrounding areas. The testimony before the Board continually articulated the willingness of the school district to work with the city and its engineers to insure that the surface water runoff was properly addressed. The Board is confident that these assurances will be met. Additionally, the State Highway 5 access to the school could create traffic hazards. The Board is confident that the school will work together with the Minnesota Department of Transportation, Oak Park Heights, and Washington County to insure that the intersections necessary for access will not be intersections for danger. The Board is confident that these issues, while addressed at the hearing will be thoroughly dealt with as construction of the new Stillwater High School is completed which provide for progress in individual employee pay based in part on individual employee performance. I recommend that the City of Stillwater look at the use of a performance based pay system for all City employees along with the development of a compensation system consistent with the standards established by the State Local Government Pay Equity Act. If you have any questions about these estimates, please let me know. Since us `. mythe Consultant • • • March 28, 1991 Dear Friend: CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL We are writing to enlist your support and help in a statewide, grass roots taxpayers' petition effort to preserve local property tax relief programs for cities, counties and townships and their taxpayers. The attached resolution states the unanimous position of the Saint Paul City Council in support of maintaining property tax relief programs by constitutionally dedicating one -third of the state's 6% sales tax to provide such ongoing property tax relief to taxpayers. As you may know, Governor Carlson has proposed elimination of the Homestead Credit (now called the Homestead and Agricultural Credit Aid or HACA), drastic cuts in Local Government Aid (LGA), and major increases in property taxes on low and moderate value homes. The combination of the Governor's property tax increase proposals would result in huge property tax increases for most homeowners and businesses around the state, even if local government spending cuts and service reductions are made. In Saint Paul alone, the Governor's proposal would increase property taxes 128% from $874 to $1,992 on an average value $70,000 home. We are asking you to join with a statewide, grass roots coalition of citizens groups, including the Minnesota Police Chiefs Association, the Minnesota Fire Chiefs Association, the Minnesota Nurses Association, the Minnesota Hospitals Associations, the Minnesota Seniors Federation, the Minnesota Libraries Association, and the Urban League, and work within your organization and network of friends and supporters to gather signatures on the enclosed "Taxpayers' Petition to Governor Carlson ". The work must be done fast because the Legislature will make major decisions on the Governor's proposal in April. We would ask that you gather as many signatures as you can by April 15 and return your signed petitions to Gerry Strathman, Council Research Director, 730 City Hall, Saint Paul, MN 55102 (Phone 298 - 4164). The proposal called for in the petition would generate approximately $620 million (in 1990 dollars) for on -going property tax relief to local taxpayers. It would keep the promises made by the State of MN in 1967 when the 3% sales tax was adopted and the proceeds were promised to be returned to CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 -2- taxpayers for local property tax relief programs, not for new state spending. You can help keep your property taxes from increasing drastically and help avoid possible drastic cuts in important services such as libraries, recreation centers, police and fire protection and a variety of human service programs by getting involved in this "Taxpayers" petition drive. We look forward to hearing from you soon. Best regards, ILLI ,jai ON Council President TOM DIMOND Councilmember ROGER GOSWITZ Councilmember BL/ j a Enc. CU\(14'116r- BOB LONG Councilmember j&//f PAULA MACCABEE Councilmember 2 JANICE RETTMAN Councilmember • • QRIf3INAL • 1 2 GIVE PROPERTY TAXPAYERS BACK THEIR MONEY". 3 4 WHEREAS, Governor's Arne Carlson's budget proposal calls for cutting more than $600 million in 5 local property tax relief funds from the State Budget; and 6 7 WHEREAS, the Governor's budget proposal would increase property taxes over $1,100, or 128% on 8 an averaged valued $70,000 home in Saint Paul, from $874 to $1,992; and 9 10 WHEREAS, these drastic increases in property taxes could be avoided if one -third of the State's 11 6% Sales Tax were dedicated to provide ongoing property tax relief for property taxpayers; and 12 13 WHEREAS, a 3% State sales tax was first enacted by the State Legislature in 1967 with the 14 promise to the voters that the money would be returned to them in the form of lower property taxes 15 made possible through property tax relief programs for local property taxpayers; and 16 17 WHEREAS, Governor Carlson has now proposed to break that promise by the State and eliminate the Homestead Credit (now called HACA) and Local Government Aid (LGA); now, therefore, be it 20 21 RESOLVED, That the Saint Paul City Council hereby urges Governor Carlson to keep the State's 22 promise and give property taxpayers back their sales tax money by requesting the Legislature to 23 constitutionally dedicate one -third of the State's sales tax to provide property tax relief for local 24 property taxpayers; and be it 25 26 FURTHER RESOLVED, that the Saint Paul City Council hereby urges people in Saint Paul and 27 around the State to sign the attached citizen's petition requesting that their sales tax money be 28 returned to them to hold down property taxes, as was promised by the State. Presented By Referred To Council File # `7 j ` C5'Q7 Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 7•' 4 A RESOLUTION URGING GOVERNOR CARLSON TO "KEEP THE STATE'S PROMISE AND • Dimond Goswitz Long Maccabee Rettman Thune Wilson Yeas b Nays O Absent Adopted by Council: Date Adoptio C By: MAR 2 8 1991 tified by Council Secretary Approved by Mayor: Date By: Requested by Department of: By: Form Approved by City Attorney By: Approved by Mayor for Submission to Council By: Property Taxpayers Petition to Governor Carlson: GIVE US BACK OUR MONEY We the undersigned ask that Governor Carlson keep the State's promise and give us back our sales tax money to hold down property taxes by requesting the State Legislature to constitutionally dedicate one third of the State's 6% sales tax to provide ongoing property tax relief to cities, counties, townships and their taxpayers. Name (please print) Address Phone 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Harriet McPherson • District 55B Washington County Minnesota. House of Representatives COMMITTEES: EDUCATION, HIGHER EDUCATION DIVISION; ENVIRONMENT AND NATURAL RESOURCES; AGRICULTURE; LABOR - MANAGEMENT RELATIONS March 25, 1991 Mayor Wally Abrahamson City of Stillwater 191 Bayberry Ave. Ct. Stillwater, Imo; 55082 Dear Wally: I really appreciated being able to spend some time with the council at the recent town meeting. Your input is very valuable as we go about our work here at the capitol. Your main concerns - TAXES and BUDGET - are the same concerns that 95% of the public is conveying to me. You can be sure that I will work to cut state spending and try to balance the budget at the state level instead of passing it onto cities or the general public. Please feel free to contact me anytime you have a concern. Thank you again for making time on your busy agenda to discuss the issues with me. Warmly Harriet McPherson State Representative HM /ko 2398 Stagecoach Trail North, Stillwater, Minnesota 55082 (612) 439 -3754 State Office Building, St. Paul, Minnesota 55155 (612) 296-5511 154 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20610 (202) 224 -3244 United $tates senate DAVE DURENBERGER March 26, 1991 The Honorable Wally Abrahamson Mayor, City of Stillwater 216 North Fourth Stillwater, Minnesota 55082 1020 PLYMOUTH BUILDING 12 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 (812) 370 -3382 Dear Wally: Thank you for writing to express your views regarding the re- regulation of cable television. Congress has been hard at work for the past two years studying, negotiating and debating the re- regulation of the cable industry. Numerous bills have been introduced which seek to amend the increase in cable costs, the decline in service quality, and the defacto cable monopoly in many local jurisdictions resulting from the Cable Television Act of 1984. Perhaps the most comprehensive of these measures is Senator Danforth's bill, the Cable Television Consumer Protection Act of 1991 (S.12). Key components'of S.12 include restoring public authority over cable rates in areas with a cable monopoly, protecting consumers from monopoly pricing by restoring city and state regulation in areas without competition, sunsetting rate regulation when competition exists, and opening up programming services to broader distribution, thereby creating incentives for competition and diversity. The Senate Commerce Committee, which has jurisdiction over S.12, has already held hearings on this measure. Many more are expected in the next few months. Although I do not sit on this committee, I assure you that I will bring your concerns to the attention of my colleagues who are. This issue is one which has numerous implications for both cable viewers and cable owners, and I intend to monitor the development of this and all similar legislation closely. Again, thank you for contacting with your concerns. It is a privilege to serve as your United States Senator. DD /kme .erger U ited States Senator COMMITTEE ASSIGNMENTS: FINANCE ENVIRONMENT AND PUBLIC WORKS LABOR AND HUMAN RESOURCES WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082 -0006 Office (612) 430 -6090 Facsimile Machine (612) 430 -6245 DATE: March 28, 1991 TO: Mary Lou Johnson Stillwater City Clerk FROM: Scott Renne and Barry Staberg SUBJECT: 1991 Residential Assessment in Stillwater J. Scott Renne, MAI, CAE County Assessor 430 -6091 Dennis Montague, CMA Assistant County Assessor 430-6092 Judith M. Ellis, CMA Assessment Administration Coordinator 4306093 The 1991 assessment in Stillwater City requires our office to value all property at market value. The mandates by the Department of Revenue require a assessment to sale ratio of 90 to 100 percent. The 1990 assessment in Stillwater City ended in a assessment to sale ratio of 91 percent, meeting their minimum requirements. State law requires that 25 percent of all parcels be physically reviewed. For Stillwater City, this area was the northeasterly part of the City. Street borders in general were north of Mulberry and east of Owens Street. Our 1990 assessment to sales ratio for the 1990 sales indicated a assessment to sale ratio of 89.8 percent with a coefficient of dispersion of 10.5 percent. Our 1991 assessment to sales ratio indicated a 92 percent ratio meeting State minimum requirements. Because of the property tax increases, we anticipate that there will be a higher than average turnout for the Local Board of Review. We will be there at least thirty minutes early to respond to the Boards or taxpayers questions on a generalized basis. I will note that we do not view our role as explaining or justifying the levels of spending, changes in local government aid, etc. As real estate appraisers, our preference is to focus on the valuation or in some cases classification for the 1991 assessment. We look forward to working with you at the Local Board of Review. More detailed information can be found in our information booklet that has already been mailed. marylou Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION • • Malaws=2 Pans Women SIM Mania Q @i pip i Board of Trustees Minutes Meeting of March 5, 1991 Present: Cass, Childs, Engebretson, Ruch, Schmidt, Welshon, and Bertalmio. (Hansen is expected to return for the I1ay meeting.) 1. Call to order: The meeting was called to order at 6:38 pm by Vice- President Schmidt. 2. Adoption of the agenda: With the addition of two items of New Business, the agenda was accepted as mailed. 3. Public Commentary: None. Minutes: Absent any action to change the minutes stood as mailed. The amended minutes for the January meeting were accepted. Communications: In appreciation for the use of the Library for their wedding (Judge Howard Albertson presiding) Gail Nordstrom and Jim Pratt offered a gift of $50 for the SPL Family Programming Fund. Motion to accept. Sip unanimously. 5. Finance report and payment of bills: Motion to pay bills in the amount of $1703.68 using 1990 funds. Sip unanimously. Motion to pay bills in the amount of $3339.64 using 1991 funds. Sip unanimously. 6. Committee reports: Administration - Policy review items referred to Administration Committee for study and recommendation. Budget and Finance - • Director reported that the City Council has approved the 1990 (sic) capital budget less 10%. • Director reported that the City Council has approved the 1991 capital budget but that it would be prudent to check with the City before expending the funds. • Director reported that the City Council has tentatively approved the 1991 operating budget. • Refer to item 7.F. below. Building and Grounds - Report enclosed. Planning - See item 7.E. below. Public Relations - None. Special Projects - Noted that Lumneriack Days is approacriing; perhaps the Childrens Librarian could *cork on it? VCL Liaison Report - Given by the Director. 7. Old Business: A. lieetinq Room Policy - (Document A) . Motion to adopt. Sip unanimously. B. Public Access Catalog - Director reported that old contract was reviewed by consultant Dick Boss and he noted some apparent deficiencies in performance under that contract. Motion toward a new contract and a Public Access Catalog is felt to be positive. C. and D. Family Programming and SPL Fund - The Director and the Committee will proceed to discuss the subject with Betsy Hauge and report back to the Board. Concern was expressed about fund raising in the present financial climate. E. Long Range Planning - (Document B) Childs proffered a draft that the Committee will work from. Expects to report to the Board at the clay meeting. F. 1991 Budget Priorities - (Document C) The Director was given general direction from the Board and will develop a proposal to bring to the Board for action if the need develops. G. Ratification of 1991 Salaries - (Document D) Motion to ratify. Sip unanimously. H. Other - None. B. New Business: A.' Katherine Van Beier fund - Notion to accept memorial funds and to combine them with the existing Van Meier fund. Sip unanimously. B. liarvel Old fund - No resolution. The problem is the small size of the fund and the desire of the donors to use it to endow an annual activity. Director will pursue. 9. Presidents Report - No additional comments. 10. Directors and other staff reports - Handed out. 11. Adjournment - The agenda items being completed and no other business being before the Board Vice- President Schmidt adjourned the meeting at 9:10 pm.