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HomeMy WebLinkAbout1991-03-05 CC Packet AGENDA STILLWATER CITY COUNCIL March 5, 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. City Attorney 3. Public Works Dir. 6. Consulting Engineer 9. City Clerk 10. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special Meeting - February 12, 1991 Regular Meeting - February 19, 1991 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. 2. Possible Approval of Development Agreement - Highlands of Stillwater (Benson Farm Property). 3. Resolution placing Maxine Benson's property in a rural Taxing District. 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. 5. Review of Sign Plan for River Heights Auto Mall . 6. Update on Downtown Improvement Projects meetings. 7. Response to Lowell Inn request for Downtown Improvements. 8. Discussion of No Wake Zone". NEW BUSINESS PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 91-34) . 2. Applications (list to be supplied at meeting) 1 3. Request for Waiver of Garbage & Rubbish Collection Charge, Admin. Code No. 7-275. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS/FYI 1. Mary Huss, Minn. M.S. Society - "Ride Across Minnesota", August 2, 1991. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT S S I, a x r i vii '# k L„ e- ,444-.4----it. ' a°}4 de' ; 3 !¢ rs .- e Ste¢..+Y 'C�f #pa r1+4�-y y.' - "'t >' y 5 Q • }N"G„ .ks7.,e,a .4 ait"fv 1 „ . C.6 ,x x,r ^ i 7 ■ ,9TH z_.RESTORAT(ONN.1 � �• u blic Meeting * Subject Downtown Plan Phase I Historic Perspective * Sponsors * Rivertown Stillwater Area • Restoration Chamber of Incorporated Commerce * Date/Time Thursday, March 7 7:00 p.m. * Location Washington County Historic Courthouse 101 W. Pine Street • L____ Stillwater DATE : March 2 , 1991 TO : City Council Members FROM: Down Town Parking Task Force RE : Down Town Parking On February 27 , 1991 we had a meeting at the request of Dave Mawhorter and Steve Russell . A recommendation was made by Dave to increase visibility of parking enforcement to eliminate increase ticketing of first, second and third offenses and have straight ticketing. This should eliminate much time spent for officers checking on computers as to how many tickets a person has received. The recommendation was voted on and passed • by 100%. We would like the council to consider the same. Our task force is in agreement that more visibility of enforcement is greatly needed. Hopefully , a part time enforcement officer could be hired in the future to off set days when the present officer is on vacation , ill or days when not working . We also approved signage for loading zones , handicap and 30 minute parking areas which was presented by Steve Russell . Respectfully , „Pelti. net . COUNCIL REQUEST ITEM DEPARTMENT Parks MEETING DATE 3-5-1991 DESCRIPTION OF REQUEST (Briefly outline what the request is) The Stillwater Festivals are reguestin_g_ the use of Lowell park for May. 18th and 19th and October 5th and 6th for Art Fairs . • 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) The city will furnish four portable toilets for both events at an est. cost of $_600.00 total . ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL METING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY _-1 `�-G=-� DATE ... . jiater • .,.,....._ THE BIRTHPLACE OF MINNESOTA Contract for Exclusive Use of .Cowen park(s) . Name of Organization Sta4wate4 Sea tivata Dates to be Used May 18-19, /99/ hours att. day Purpose or Activity to be held in park(s) Rot 9c at In return for the exclusive use of the park(s) above named and the right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations: 1. Damage deposit in the amount of $300 to be paid at the signing of this contract (deposit to be refunded in whole or in part, depending on amount of damage, if any, as determined by the Superintendent of Parks). The lessee shall be responsible for any damage beyond that covered by the deposit. 2. Lessee shall furnish proof of liability insurance coverage in the amount of at least $600,000 ( tatu ory lim't) naming the City as IDadditional insured. p / 3. Lessee shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. 4. Lessee shall furnish portable restrooms (at least four) to augment the existing facilities. Note: In the case of Lowell. Park the existing restroom facilit shall be closed and theTity shall furnish four portable units instead 5. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 6. This contract shall not be construed to affect the responsibility or liability of any party, nor shall the City be held as assuming any such liability by persons or firms using the park(s). City of Stillwater Lessee ----Ylff—j(--"-----' Superintendent of Parks // oZ/ /'?1 Date Date CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 to ar THE BIRTHPLACE OF MINNESOTA ') Contract for Exclusive Use of .Cowen park(s). Name of Organization 5taLwaterc 9eastiva,La Dates to be Used October& 5-6, 1991 hours tzU day Purpose or Activity to be held in park(s) (Pa 9eativat In return for the exclusive use of the park(s) above named and the right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations: 1. Damage deposit in the amount of $300 to be paid at the signing of this contract (deposit to be refunded in whole or in part, depending on amount of damage, if any, as determined by the Superintendent of Parks). The lessee shall be responsible for any damage beyond that covered by the deposit. 2. Lessee shall furnish proof of liability insurance coverage in the amount of at least $600,000 (statutory limit) naming the City as additional insured. 3. Lessee shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. 4. Lessee shall furnish portable restrooms (at least four) to augment the existing facilities. Note: In the case of Lowell Park the existing restroom facility shall be closed and theCity shall furnish four portable units instead 5. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 6. This contract shall not be construed to affect the responsibility or liability of any party, nor shall the City be held as assuming any such liability by persons or firms using the park(s). City of Stillwater Lessee Superintendent of Parks 7s74/ Date Date • • COUNCIL REQUEST ITEM • e DEPARTMENT Parks MEETING DATE March 5 1991 • DESCRIPTION OE REQUEST (Briefly out l ine what the request is). Request to .order and _purchase the followin_q items budgeted for . 1991 ca.RitaI 'outlay. • 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) Four drinkilis fountains Budgeted 15,_000.:00 • • ADDITIONAL INFORMATION ATTACHED YES. ___ NO XX ALL COUNCIL - - REQUEST ITEMS MUST_ BE SUBMITTED -TO THE C ITY. CLERK A.. --MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL 'ME=TINA IN ORDER TO BE PLACED IN THE COUNCIL. MATERIAL PACKET. SUBMITTED BY DATE. March 4-1991 • • COUNCIL REQUEST ITEM • DEPARTMENT Parks and Arena MEETING DATE March 5 1991 • DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Qermission for aKeeder_g1g=ig_ID_BIAZI_.iII212lliing___ adequate lighting for the outside Earking lot of the Lilly_Lake ice arena . Budgeted for 1991 capital outlay • • 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) Lights and labor Budgeted X2,500.00 • • ADDITIONAL INFORMATION ATTACHED YES NO XX ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL METING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY DATE March 4 1991 • 111 • M • COUNCIL REQUEST ITEM SDEPARTMENT Parks De2t. MEETING DATE DESCRIPTION OF REQUEST (Briefly outline what the request is) Renee Bender from The March of Dimes Birth Defects Foundation __12_L.eSd1ma .ing llp u,5e of the Lowell Park Gazebo t. and the attached route. For a WalkAmerica Prosam, to be held on April 28th. 1991 The time will be from 9 :00AM. to 5 :30PM. • • 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) ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL ME=TING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY Tim Thomsen Park Supervisor DATE March 1st 1991 • i1hyatr THE BIRTHPLACE OF MINNESOTA 9e-t4.L. Anthony IUa.LkAme4.i.ca Cooicd•tnato4 Lan. 14, 1991 eaic 9 e24L: e_.)n the 4.eue4.d.e og th•id. d.heet pJead.e find an onaine of a p'topod.ed noa.te d.taitt.ing & g i n i.d.h�,ng at the gas.ebo at .eowetL pa/tk. 98ue dmtuen the 4onte & 4.2 c-Locked 8.6 md.Lee. Shea cetek ct!ong Cty. '.d. 64, cty 4d. 15- & cty. nd. 12 •Le pout of the Couittnqu,i,ew b.L.ke tacit o4.44..natin . in St. pant, She d.ect.ion. aton9 Cty nd. /2 had. a tepcvtate bLaektop .Lane joa bi-king. Moat of th•L.d. Monte toed. onte.ide the 4.ed...denti-at aicea. 9 gued.d. 9 don't have the date gcom thaw event. p.Lead.e adutee. 9 am 4et.vt.tng ad. of flan. I S. My aepiacemen.t .td. /'94.. `Jim 9home.en. Addned.e a.L.0 matt to him at 216-N. 4th St., Stittwc,tem 55'082. thank you. 9.o et P. ISt ekum Supt. paitkd. (612)439-456/ CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 • Suri4e.ated 'iowte goon Natk.anne t ca 5.t.Uwa.te a aect iort 199 Cart be wa.Lyed e.i thea d i section no.z S.ta..t/9i.nZ4.h po.irZ. 8.6 a ..Lea I o-121)- by • c ray 1)'° . :!1 ti e‘'Nt)/014 T &nrELey 5.r- 'R..! 41 (NA\ 4 3PD Sr: w arch°f timespre�epe�„cis March of Dimes girth Birth Defects Foundation Greater Twin Cities Chapter Pentagon Plaza 4940 Viking Drive Suite 268 Edina Minnesota 55435 Telephone 612 835 3033 January 9, 1991 Michael Christiansen Chapter Director Dick Blekum City of Stillwater Park Dept. 216 N. Fourth Street Stillwater, MN 55082 Dear Mr. Blekum: Enclosed is a copy of the 1990 WalkAmerica Stillwater route you requested. As I mentioned in our phone conversation on Tuesday, we'd like to look at using the existing bike paths as a new route this year. We must keep the Lowell Park Gazebo as the start/finish point. Hopefully the bike path will be easily incorporated; we need an approximate 10 mile route. I would appreciate a copy of the bike path map if possible and any advice you have to offer. Thanks so much for your cooperation in the WalkAmerica program - we look forward to a fun and successful event in Stillwater in 1991 . Si cerely, 410, Terri Anthony 40r( WalkAmerica Coordinator Campaign for Healthier Babies TA/Jp ter THE BIRTHPLACE OF MINNESOTA of Permit to use Pioneer Park Permission is hereby granted to the party(s) named below: Chad Nelson-and Overcomers in Jesus Christ During the hours of : 6 : 30 PM. to Closing on the day of : May 1st 2nd 3rd 4th and 5th 1991 to use Pioneer Park, including exclusive use of the picnic shelter, for the purpose of : Crusade in the bandshell 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 0 entire park. Picnickers may use tables outside the shelters . Lou Anderson-439-9219 Chad Nelson-436-1697 Est . 70 people No liquor Police-No Tim Thomsen Park Supervisor (612) 439-4561 S CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 r ater THE BIRTHPLACE OF MINNESOTA APPLICATION TO CONSUME • Applicant Irnforrnation Name of ortraniaat ion Central Labor Union • Applicant Name (Full ) Jerry Serfling__ Street Address 267 Lafayette Rp. Birth Date City St. Paul StateximasataL Lip 55QZ Home Phone Work Phone 291-0333 Facility Information Park or facility to be used Pioneer Park Date to be used June 20th. 1991 Time to be used 4:00 PM. to Closing . Number of persons expected___7�_.ggu1e Purpose t soft bal l game, weld i na, etc. )_ ,,,ycmyc_ Type of activity(fund raiser, dancing, music, etc. ) Check Appropriate Information XXX Beer to Consume Liquor to Consume Beer to Sell & Consume Liquor to Sell & Consume Wine to Consume Wine to Sell & Consume Security Informat ion( Internal Use Only) Police Officer Required by City? Yes. _$XX___No. Officer Rate of Pay $ Mail License To: (If different than applicant) s _ CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ASSIGNMENT AND SUBORDINATION OF AND • AMENDMENT TO DEVELOPMENT CONTRACT AND ASSESSMENT AGREEMENT (STILLWATER II OFFICE/INDUSTRIAL BUILDING) THIS ASSIGNMENT AND SUBORDINATION OF AND AMENDMENT TO DEVELOPMENT CONTRACT ('Assignment") is made and entered into this day of , 1991, by and between CURVE CREST PROPERTIES II, a Minnesota general partnership, whose address is 1809 Northwestern Avenue, Stillwater, Minnesota 55082 (the "Borrower"), and the CITY OF STILLWATER, MINNESOTA, a Home Rule Charter City of the Third Class of the State of Minnesota, whose address is City Hall, 216 North Fourth Street, Stillwater, Minnesota 55082 (the "City"), and MILLER & SCHROEDER INVESTMENTS CORPORATION, a Minnesota corporation, whose address is 2400 Northwestern Financial Center, 7900 Xerxes Avenue South, Bloomington, Minnesota 55431 (the "Lander"). PRELIMINARY RECITALS: A. Pursuant to a certain Loan Commitment comprised of an Application For Loan dated February 8, 1991 and Lenders acceptance thereof dated , 1991, the Lender has agreed to make a loan to the Borrower in the original principal sum of Eight Hundred Thousand and no/100 ($800,000.00) Dollars ("Phase I Loan") in order to finance the construction of improvements (the "Phase I Improvements") on certain real property located in the City of Stillwater, County of Washington, State of Minnesota, more fully described in Exhibit 'A' attached hereto (the "Real Property") and has accepted the Borrowerb application for and is considering a second loan in an amount not to exceed$300,000.00 ("Phase • II Loan") to finance the construction of certain additional improvements on the Real Property (the "Phase II Improvements") (the Phase I Loan and the Phase II Loan being hereinafter collectively referred to as the "Loan"). B. The Phase I Loan is evidenced by the Borrower's Promissory Notedated executed and delivered by the Borrower to the Lender in the original principal sum of Eight Hundred Thousand and no/100 ($800,000.00) Dollars and a certain Construction Loan Agreement dated of even date therewith and the Phase II Loan, if committed to by the Lender and disbursed will be evidenced by the above-referenced Promissory Note and Construction Loan Agreement,as amended to provide for the Phase II Loan (the above-referenced Promissory Note, as it may be amended to provide for the Phase II Loan being hereinafter referred to as the"Note"and the above-referenced Construction Loan Agreement,as It may be amended to provide for the Phase II Loan being hereinafter referred to as the `Construction Loan Agreement"). C. The Note is secured by, among other instruments, a Mortgage and Security Agreement and Fixture Financing Statement("Mortgage")creating a mortgage lien against and a security interest in the Real Property and the improvements and personal property thereon (the "Premises"). D. In order to facilitate the construction of the Phase I Improvements on the Premises, the City and the Borrower have entered into a certain Development Contract by and between the City of Stillwater, Minnesota and Curve Crest Properties II, a Minnesota general partnership, Relating to Stillwater II Office/Industrial Building at the Northwest Corner of Curve Crest Boulevard and Washington Avenue,dated November 13, 1990, as amended hereby (the"Development Contract") providing tax increment assistance to the Phase I Improvements and a certain Assessment Agreement and Assessors Certificate between the • City of Stillwater, Minnesota and Curve Crest Properties II, a Minnesota general partnership, and County Assessor of the County of Washington, dated November 13, 1990 (the'Assessment Agreement"). E. The Lender requires as a condition of the Phase I Loan and its consideration of the Phase II Loan that the Borrower and the City enter into this Assignment. • NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged and In order to induce the Lender to make the Loan, the parties hereto agree as follows: ARTICLE 1 ASSIGNMENT 11 Subject to the terms of this Assignment, the Borrower grants, transfers and assigns to the Lender all of its right,title and interest in and to(I) the Development Contract, (ii) the Assessment Agreement and (iii) all proceeds arising therefrom including the tax increment assistance contained therein, and all substitutions and replacements therefore. 1.2 This Assignment is given for the purpose of securing the following (hereinafter collectively referred to as the Indebtedness Secured Hereby°): a Payment of the indebtedness evidenced by and performance of the terms and conditions of the Note and the Construction Loan Agreement; . b. Payment of all other sums with interest thereon becoming due and payable to the Lender herein and in the Note, the Mortgage, the Construction Loan Agreement and all- other instruments given as security for the payment of the Loan; c. Performance and discharge of each and every obligation, covenant and agreement contained S herein and in the Mortgage, the Construction Loan Agreement and all other documents and instruments given as security for the payment of the Loan. 1.3 The Borrower and the City shall each give the Lender notice of any breaches,defaults or events of default under the Development Contract or the Assessment Agreement and copies of any notices received or given in regard thereto. In the case of a default, breach or event of default under the Development Contract, the City agrees that it shall take no action to terminate the Development Contract or any other remedy in regard thereto without first serving upon the Lender at Its address as set forth herein a notice of such breach, default or event of default in writing setting forth the same. In each such case and upon such notice, the Lender shall have the right, but not the obligation, and a reasonable period of time to cure and make good such breach,default or event of default whether the same consists of failure to pay any required payments or failure to perform any other term, condition or thing which is required to be performed under the Development Contract z the City shall accept performance by the Lender. Should the Lender determine to foreclose the Mortgage and obtain possession and ownership of the Premises in order to cure such default, breach or event of default,the City shall allow the Lender such time as is necessary to do so and such additional time thereafter as is necessary to cure the default before exercising any remedies available to it under the Development Contract. 1.4 Should the Lender foreclose its Mortgage and become the owner of the Premises,it may further assign, transfer, convey its interest in the Premises, the Development Contract and the Assessment Agreement without prior written approval or consent of the City or the Borrower and upon such assignment, the Lender shall have no further obligation under the Development Contract or the Assessment Agreement. -2 - 1.5 The Borrower and the City understand and agree that the Lender will not and does not assume • any of the obligations or duties of the Borrower under the Development Contract or the Assessment Agreement unless and until the Lender exercises its rights granted hereby to use and enforce the same. 1.6 The rights assigned by this Assignment include, but are not limited to, all of the Borrowers right, power, privilege and option to modify or amend the Development Contract and the Assessment Agreement,to terminate the Development Contract or the Assessment Agreement or to waive or release the performance or satisfaction of any duty or obligation under the same. Neither the Borrower nor the City shall further amend the Development Contract or the Assessment Agreement without the prior written approval of the Lender not to be unreasonably withheld as long as it does not affect fair market value of the Premises. 1.7 The Borrower hereby appoints the Lender, its agent and attorney-in-fact, and authorizes the Lender to act on its behalf in connection with the exercise of any of the rights of the Borrower under the Development Contract or the Assessment Agreement upon an Event of Default or breach of the terms hereof. The Borrower agrees to reimburse the Lender upon demand for any payment or expense incurred by the Lender,or its agents or attorneys, pursuant to the aforesaid authorization and the Lender may charge its payments or expenses to the indebtedness Secured Hereby. The Borrower irrevocably instructs,directs, authorizes and empowers the City to recognize the claims of the Lender, or its successors or assigns hereunder, without investigating the reason for any action taken by the Lender. The foregoing irrevocable authorization is coupled with an interest that shall not be revoked for any reason including the dissolution, liquidation, death, incompetency or insolvency of the Borrower. The sole signature of the Lender shall be sufficient for the exercise of any rights under this Assignment and the City acting upon the directions of the Lender, shall be further discharged and release from any claim made by the Borrower that such actions are • contrary to the terms and conditions of the Development Contract or the Assessment Agreement. ARTICLE 2 SUBORDINATION 2.1 At the sole option of the Lender and its successors and assigns,the Development Contract and the Assessment Agreement are hereby subjected and subordinated and shall remain in all respects and for all purposes subject, subordinate and junior to the Mortgage and all other instruments given as-security for the Note ("Other Security Instruments') and to the rights and interests of the, from time to time, holder of the Mortgage including any amendments to the Mortgage and the Other Security Instruments entered into to evidence the Phase II Loan or entered into for any other reason. The subordination contained herein shall be effective as to such amendments without any further action, consent,or approval of the City and without the City entering into, executing and delivering any further documents or instruments. In the event action is taken to foreclose the Mortgage, or to exercise any power of sale, or in the event that the Lender or its successors or assigns acquires the Premises by deed in lieu of foreclosure, quit claim or like action, or pursues any other remedy under the Note, the Mortgage, this Assignment or any other instruments evidencing and securing the Loan, the Lender, any purchaser at a foreclosure sale, any person claiming through the Lender or a mortgage foreclosure sale, or their respective successors and assigns may either (i) elect to recognize the Development Contract and the Assessment Agreement and enforce and perform their rights and obligations thereunder and under this Assignment, in which case the City shall be bound to the Lender, its successors and assigns, under all of the terms, covenants and conditions of the Development Contract, as amended hereby, and the Assessment Agreement without the execution of any further instruments on the part of the parties hereto,or(ii) elect not to recognize the Development Contract • and the Assessment Agreement and the rights and obligations thereunder shall cease and terminate upon such event or events and the Lender and any successor to the Lender and any person acquiring title through the foreclosure sale or deed in lieu thereof shall acquire title to the premises free and clear of the -3 - Development Contract and Assessment Agreement, the option of whether or not to recognize the Development Contract and the Assessment Agreement to be at the sole discretion of such person. Any election by the Lender shall be in writing and shall be mailed to the City at its address set forth herein. • ARTICLE 3 REPRESENTATIONS AND WARRANTIES The Borrower represents and warrants to the Lender as follows: 3.1 The Borrower will not, without the prior written consent of the Lender, modify, amend, supplement, terminate, surrender or change in any manner whatsoever the Development Contract or the Assessment Agreement. 3.2 The Development Contract and the Assessment Agreement are free and clear of all liens, security interests, assignment, encumbrances other than the assignment and security interest created by this Assignment. 3.3 The Borrower has the full power and authority, with the consent of the City, to convey the Development Contract and the Assessment Agreement as security for the Loan, free and clear of any and all liens, security interests and assignments. 3.4 The Borrower will keep the Development Contract and the Assessment Agreement free from any lien, encumbrance,assignment or security interest whatsoever other than this Assignment and security interest. 3.5 The Borrower will from time-to-time and at the request of the Lender execute such documents • and pay the costs of filing and recording the same and do such other acts and things as the Lender may request to establish and maintain a perfected security interest in the Development Contract and the Assessment Agreement which is valid and superior to all liens and claims of security interests whatsoever. 3.6 There have been no defaults on the part of the Borrower or, to the best of the Borrower's knowledge, the City, under the Development Contract or the Assessment Agreement. 3.7 The Development Contract and the Assessment Agreement are in full force and effect and are the valid and legally binding obligation of the Borrower enforceable in accordance with their terms. ARTICLE 4 COVENANTS OF BORROWER The Borrower covenants and agrees that: 4.1 It shall perform each and every of its duties and obligations under the Development Contract and the Assessment Agreement and observe and comply with each and every term, covenant, condition, agreement, requirement, restriction and provision of the Development Contract and the Assessment Agreement. 4.2 It shall give prompt notice to the Lender of any claim of or notice of default under the Development Contract or the Assessment Agreement given to it together with a copy of any such notice or claim, if in writing. -4 - 4.3 At the sole cost and expense of the Borrower,it will enforce and complete performance of each • and every duty and obligation to be performed by other parties to the Development Contract and the Assessment Agreement. 4.4 The Borrower will appear in and defend any action arising out of or in any manner connected with the Development Contract or the Assessment Agreement and the duties and obligations of the Borrower thereunder. 4.5 The Borrower will not, without the prior written consent of the Lender, modify, amend, supplement, terminate, surrender or change in any manner whatsoever the Development Contract or the Assessment Agreement. ARTICLE 5 CERTIFICATIONS OF THE CITY 51 The City acknowledges and consents to the assignment of the Development Contract and the Assessment Agreement to the Lender as security for the Note pursuant to the terms hereof. 5.2 The Development Contract and the Assessment Agreement constitute the entire agreement between the Borrower and the City with respect to the Premises. 5.3 All payments required to be made to the City by the Borrower under the Development Contract and the Assessment Agreement to date have been paid including the Park Dedication Fee in the amount of$10,221.00 required by Section 6.1(d) of the Development Contract. 5.4 The Borrower's construction plans and development plans for the Phase I Improvements have been reviewed and approved by all required committees,departments and officials of the City and no further review or approval thereof or consent thereto is required. 5.5 All conditions precedent to the tax increment assistance set forth in the Development Contract have been fulfilled and completed by the Borrower with the exception of the construction of the Phase I Improvements and issuance of a Certificate of Completion therefor. 5.6 No breach, default or event of default currently exists under the Development Contract or the .. Assessment Agreement. 5.7 Construction of Phase II improvements as described in the Development Contract are not required a condition to the tax increment assistance set forth therein. ARTICLE 6 EVENTS OF DEFAULT 6.1 It shall be an Event of Default under this Assignment upon the happening of any of the following: a. Any failure by any of the parties hereto to fully and completely perform any of the duties or obligations of such party under this Assignment or any failure by any of the parties hereto to • fully and completely observe, satisfy and comply with all terms, covenants and conditions of this Assignment; or -5 - b. Should any representation or warranty of the parties hereto made in this Assignment be untrue or misleading in any respect; or • c. Should an Event of Default,as defined therein, occur under the Construction Loan Agreement or the Mortgage or any other security instrument given to secure the Note and not be cured within any time provided for therein; or d. Should there be any Default under the Note including the failure to make any payments required thereunder, or e. Should Borrower fail to comply with.any of its obligations under the Development Contract or the Assessment Agreement or fail to complete the Phase I Improvements and obtain from the City a Certificate of Completion within the time period provided in the Development Contract. ARTICLE 7 REMEDIES. 7.1 Upon an Event of Default, the Lender may, in its sole discretion, proceed to perform any and all of the duties and obligations of the Borrower under the Development Contract or the Assessment Agreement, may exercise any and all rights and remedies of the Borrower thereunder and may exercise any remedies available to the Lender at law or in equity, may take any other action required or permitted under the Development Contract or the Assessment Agreement as fully as the Borrower could itself,without regard for the adequacy of the security for the Loan and without being required to bring any legal action or causing any receiver to be appointed. The Borrower especially authorizes the Lender and hereby constitutes and appoints the Lender as the Borrowers agent and attorney-in-fact, in the Borrower's name or in the Lenders name to do any of the foregoing. The foregoing power of attorney is coupled with an interest and cannot be revoked by insolvency, bankruptcy, death, dissolution or otherwise. The foregoing remedies are cumulative and in addition to and are not restrictive of or in lieu of the rights or remedies provided for or allowed in the Construction Loan Agreement,the Mortgage or any other instrument given as security for the Loan, or as provided for or allowed by law or in equity. In addition to any other remedies accruing to the Lender while an Event of Default exists,the Lender may give notice to the City of such Event of Default and request and the Borrower hereby authorizes and directs the City and the City agrees thereafter to make all payments of tax increment assistance under the Development Contract to the Lender at such account or address as the Lender shall direct. The tax increment assistance paid to the Lender shall be applied first to late charges and other fees or charges due under the Note, second to interest due and or the Note and third to reduce the outstanding principal balance of the Note. 7.2 Should the Borrower fail to perform any of its duties and obligations under the Development Contract or the Assessment Agreement, the Lender may upon notice, without obligation to do so and without releasing the Borrower from its obligation to so perform such duties and obligations incur any costs or pay any monies in connection therewith, including without limitation any costs or expenses of counsel for the Lender, and such costs, expenses or payments shall be added to the indebtedness evidenced by the Note and shall bear interest from the date advanced or incurred at the interest rate as stated in the Note. • -6 - O ARTICLE 8 INDEMNITY 8.1 The Lender shall have no obligation to perform or satisfy any duty or obligation of Borrower under the Development Contract or the Assessment Agreement. The Borrower shall and does hereby indemnify, defend and hold the Lender harmless from and against and in respect of any and all actions, causes of action, suits, claims, demands, judgments, preceding and investigations (or any appeal thereof or relative thereto or other review thereof) of any kind or nature whatsoever, arising out of, by reason of, as a result of or in connection with the Development Contract or the Assessment Agreement, and any and all liabilities,damages,losses, costs, expenses(including fees of counsel and expenses and disbursements of counsel), amounts of Judgment, assessments, fines or penalties, and amounts paid in compromise or settlement, suffered, incurred or sustained by the Lender as a result of, or reason of or in connection with any of the matters above except matters arising out of the gross negligence or willful misconduct of the Lender. ARTICLE 9 AMENDMENT TO DEVELOPMENT CONTRACT The Development Contract shall be amended as hereinafter provided: 9.1 The definition of Available Tax Increments"in Section 2.1 of the Development Contract entitled, "Definitions" is amended in its entirety to read as follows: "'Available Tax Increments' means fifty(50%) percent of the total tax increment generated from S the project pursuant to the Assessment Agreement attached hereto as Exhibit "B" actually received by the City in any year. The tax increment for the property shall be that portion of taxes paid on the property pursuant to the Assessment Agreement in excess of the taxes otherwise payable on the property as unimproved and without the Assessment Agreement° 9.2 The following paragraphs of Section 4.2 of the Development Contract entitled, "Tax Increment Payments"are amended in their entirety to read as follows: a. The first paragraph is amended to read as follows: "4.2 TAX INCREMENT PAYMENTS. The City agrees to pay to the Developer in semiannual installments, payable on the first day of August, 1993, and the first day of February 1994, and in subsequent years on the same dates until the first day of August, 2003 (the "Scheduled Payment Dates"), one-half of the Available Tax Increment (the "Scheduled Payments") or until a total of $202,565.00 is paid, whichever occurs first." b. The fourth paragraph is amended to read as follows: °In the event that the Developer voluntarily sells, assigns or transfers more than a 75% ownership of the property before the year 1999,the tax increments to be paid to the Developer shall be limited to the amount paid to that date,or$126,000.00,whichever is less. This provision shall not apply to a transfer, whether by foreclosure or deed-in- lieu of foreclosure, of the property to a mortgagee holding a lien on the property or to the subsequent transferee of a mortgagee." -7- c. The fifth paragraph is amended to read as follcros: "Except as otherwise provided in the Assignment and Subordination of and Amendment to Development Contract entered into by and between the Developer, the City and Miller & Schroeder investment Corporation, each payment shall be made by check or draft payable to the Developer and mailed to the Developer at 1809 Northwestern Avenue, Stillwater,Minnesota, 55082. The Developer, by notice to the City, may designate different addresses to which the payments shall be sent." 9.3 Section 5.1 of the Development Contract entitled, 'The Project" is amended in its entirety to read as follows: "51 THE PROJECT. The Developer shall construct or shall cause to be constructed on the site a building containing approximately 18,969 square feet of rentable space and a parking lot providing for approximately 52 cars in Phase I and, at the Developers sole option, additional rentable space plus additional parking stalls as Phase II. The total project costs Including the land,landscaping and construction are estimated to be approximately$1,420,000. The Developer will construct this without any substantial deviation from the construction plans that are approved and on file with the City and the site and parking plan that has been approved by the City. The construction of Phase II shall not be a requirement to the tax increment assistance described herein." 9.4 Section 71 of the Development Contract entitled, "Subordination" is amended in its entirety to read as follows: • "71 SUBORDINATION AND ASSIGNMENT. In order to facilitate the obtaining of financing for the improvements whether construction financing or permanent financing by the Developer, the City agrees to subordinate its rights under this Contract to a holder of a mortgage on the property. The City also agrees to the Developer'assignment of this Contract to a mortgagee financing the construction of the improvements which assignment shall provide, among other things, for notice and opportunity to cure defaults under this Contract on behalf of the mortgagee and for payment of the tax increment assistance to the mortgagee upon a default in the financing or this Contract." 9.5 Section 9.1 of the Development Contract entitled, 'Expiration Date" is amended in its entirety to read as follows: '91 EXPIRATION DATE. This Contract shall expire upon an event of default as defined in Section VIII of this Contract or if all conditions precedent to the City'responsibility pursuant to Section VI of this Contract have not been substantially completed by December 1, 1991, or upon the final payment to the Developer of the tax increment payments set forth in Section 4.2 of this Contract, whichever occurs first" S -8- • ARTICLE 10 MISCELLANEOUS 101 Rights Reserved to Borrower. Prior to any event of default the Borrower shall have the right to use the Development Contract and the Assessment Agreement for the purposes stated therein. 10.2 Uniform Commercial Code. To the extent that this Assignment may be govemed by the provisions of the Uniform Commercial Code now or hereafter in effect,this Assignment shall be deemed to be a security agreement within the meaning of the Code, shall be gavemed by the provisions thereof and shall constitute a grant to the Lender a security interest in the Development Contract and the Assessment Agreement. 10.3 Governing Law. This Assignment shall be construed in accordance with the laws of the State of Minnesota. 10.4 Succ ssors and Assigns. This Assignment shall be binding upon the Borrower, its successors and assigns, and shall inure to the Lender, its successors and assigns. IN WITNESS WHEREOF,the parties hereto have entered into this Assignment as of the date and year first above-written. CURVE CREST PROPERTIES II, a Minnesota general • partnership By Its By Its CITY OF STILLWATER, MINNESOTA, a Home Rule Charter City of the Third Class of the State of Minnesota By Its By Its • -9- . MILLER&SCHROEDER INVESTMENTS CORPORATION, a Minnesota corporation By. Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1991, by and , the partners of Curve Crest Properties II, a Minnesota general partnership, on behalf of the partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1991, by , the of City of Stillwater, Minnesota, a Home Rule Charter City of the Third Class of the State of Minnesota, on behalf of the City. • Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1991, by , the of City of Stillwater, Minnesota, a Home Rule Charter City of the Third Class of the State of Minnesota, on behalf of the City. Notary Public S - 10 - • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) - The foregoing instrument was acknowledged before me this day of , 1991, by ,the of Miller&Schroeder Investments Corporation,a Minnesota corporation, on behalf of the corporation. Notary Public THIS DOCUMENT WAS DRAFTED BY: James J. Schwert, Esq. OPPENHEIMER WOLFF & DONNELLY 45 South Seventh Street 3400 Plaza VII Minneapolis, MN 55402 • • - 11 - ADDENDUM The Purchase and Sale Agreement, (hereinafter referred to as "Agreement") attached as Exhibit "A" is hereby amended and made effective as follows: 1 . Effective Date. The effective date of this Addendum and the Agreement shall be March 1 , 1991 . 2. Title. Paragraph four of Section 5 of the Agreement, entitled "Title" shall be changed to read as follows: "Notwithstanding the above, all contingencies must be removed or waived on or before May 15, 1991 , or this Agreement shall be null and void at Purchaser' s option and all earnest money returned to Purchaser. " 3. Contingencies. Notwithstanding any provision of the Agreement to the contrary, any obligation of the Purchaser to purchase the property is contingent upon the following happenings or events: A. Evidence that the Seller has good and marketable title to convey, free from title defects, liens or encumbrances. B. The Purchaser executes a ground lease with the current tenants of Parcel 2, Exhibits A and B, that provides a sufficient yield to finance a taxable municipal bond in the approximate amount of $650,000. C. The receipt by the Buyer of the proceeds of a taxable municipal bond in the denomination of $650,000. D. Receipt by the Purchaser of the proceeds of a Minnesota Department of Trade and Economic Development Outdoor Recreation Grant in the amount of $200,000. E. The Seller disposes of, in compliance with law, all hazardous substances that now exist on the property; or (1 ) the parties execute an escrow agreement providing for the escrow of that portion of the purchase price sufficient to fund the removal of all hazardous substances that now exist on the property, in compliance with the law; or (2 ) the Buyers be allowed a credit in the amount of $200,000 towards the purchase price, in which case the Purchaser assumes all responsibility for the remediation of the existing hazardous substances. In the event that Seller selects either option (1 ) . or (2 ) , the Purchaser agrees to proceed with all reasonable diligence to remove all hazardous substances in compliance with law, and to seek reimbursement of expenses from the Minnesota Petroleum Tank Release Compensation Board. If they are successful in obtaining reimbursement they will rebate such amounts to the Sellers. 4. Date of Closing. The date of April 15, 1991 , in Section 6 of the Agreement, entitled "Date of Closing" , is changed to June 15, 1991 . 5. Purchase and Sale Agreement. In all other ways the Agreement shall be in full force and effect. PURCHASER: SELLER: CITY OF STILLWATER GLACIER PARK COMPANY By By its its By By its its • • . PURCHASE AND SALE AGREEMENT THIS REAL ESTATE " E PURCHASE AND SALE AGREEMENT ("Agreement") ) is made by and between GLACIER PARK COMPANY, a Delaware ' corporation, ("Seller") and the CITY OF STILLWATER, ("Purchaser") . 1. . Offer and Acceptance. Purchaser offers and agrees to purchase from Seller and Seller accepts such offer and agrees to sell and convey to Purchaser all of Seller's right, title and interest in and to that parcel of land in or near Stillwater, county of Washington, state of Minnesota, more particularly described on the attached Exhibits A and B which are hereby incorporated ("Property") . 2 . Improvements. This Agreement relates only to -land. This conveyance 'shall exclude Seller's buildings and any other improvements on the property, all of which may be removed by Seller prior to the date of closing and which, if not removed, shall be deemed abandoned by the Seller and shall thereafter be and become the property of the Purchaser in place without further obligation by the Seller. . 3 . Purchase Price. The purchase price shall be • One Million One Hundred Thousand Dollars ($1, 100, 000) (the "Purchase Price") , payable as follows: Earnest Money: $50, 000 Cash at Closing: Balance of Purchase Price by cash or Certified Check. 4. Escrow. The parties shall deposit this Agreement, the earnest money and such other documents and monies as are required hereby into the Escrow established with Glacier Park Company, Title Services, Seattle, Washington. 5. Title. Subject to performance by the Purchaser, the Seller agrees to execute and deliver on the date of closing a Quit Claim Deed to the Property. Purchaser may, at Purchaser's sole cost and expense, within 20 days after this Agreement -is executed by both parties, obtain either. . a preliminary commitment for standard coverage title insuranc.ec:,including the results of proper searches covering bankruptcies and state and federal judgments and liens, or a commitment for an abstract of title, in either case issued by Land Title, Inc. ("Title Company") . Purchaser shall be allowed ten (10). days after receipt of the commitment for examination of . -1- said title and the making of any objections thereto. All objections shall be made in writing to Seller within the ten (10) days or be deemed waived. If any objections to title are timely made, as herein provided, Seller shall have until ten (10) days prior to the date of closing to eliminate the exceptions objected to or to obtain title insurance coverage over said exceptions. Seller will use reasonable efforts to cure or to insure over the objections provided, however, Seller shall not be required to incur more than $500. 00 in costs in doing so. If Seller is unable to cure or to insure over said objections by use of said efforts, Seller shall so notify Purchaser, and Purchaser shall have five (5) days to notify Seller in writing of its election to either: (a) Terminate this Agreement, by written notice to Seller, whereupon Seller shall immediately return the Earnest Money to Purchaser and thereafter neither party shall be further liable hereunder; or (b) Waive its objections to title and, in such event, Seller shall remove or insure over the objections that Seller was able or willing to cure or insure, and the parties shall close the transaction contemplated by this Agreement. In the event Purchaser fails to notify Seller of its election as provided herein, Purchaser will be deemed to have waived its objections to title. Notwithstanding the above, all contingencies must be removed or waived on or before March 15, 1991, or this Agreement shall be null and void at Seller's option and all Earnest Money returned to Purchaser. Objections approved or waived by Purchaser under this paragraph shall be "Permitted Exceptions. " 6. Date of Closing. Closing of this transaction, subject to paragraphs 9 and 10 of this Agreement, shall occur in the place designated by the Seller, on or before 1 p.m. , on or before April 15, 1991, unless another date is agreed to by the parties; provided, however, that unless extended in writing by agreement of the parties, this Agreement, at Seller's sole option, shall be null and void, and all Earnest Money shall be returned to the Purchaser if the closing has not occurred prior to a date which is 60 days after the date hereof. For purpose of this Agreement, "Date of Closing" shall be construed as the date upon which the proceeds of the sale are available for disbursement to Seller and all appropriate documents are exchanged. 7 . Closing Costs. Seller shall pay the following costs and expenses in connection with the transaction: -2- a. Seller' s attorney fees b. Real property taxes due and payable prorated to date of closing, unless the property is leased to purchaser, in which case terms of the lease shall govern. c. All special assessment installments and Local Improvement District assessment installments affecting the Property which are due and payable prior to the date of closing, unless -the property is leased to purchaser, in which case the terms of the lease shall govern. Purchaser shall pay the following .costs and expenses in connection with this transaction: a. Purchaser's attorney's fees; b. The Escrow fees; c. Fees for recording of the quitclaim deed; d. Real estate excise taxes or transfer taxes due on the conveyance; if any; e. Documentary or deed stamps required in connection with the conveyance, if any; f. Title insurance premium or abstract fee and sales tax thereon, if any; g. Expenses of a survey, if any; 8. Compensatory Taxes. Purchaser shall be responsible for all real estate compensation taxes or roll back taxes and • penalties as a result of a change in use or designation of the Property including, but not limited to, a change from open space, agricultural, forest land or recreational. 9 . Governmental Approval. If the approval of any governmental agency is required for the sale of the Property, it is understood and agreed that this Agreement is subject thereto and that both parties shall use their best efforts to obtain such approval. The closing date shall be extended, subject to the limits in paragraph 6 of this Agreement, for such period as may be required to obtain such approval. In the event said approval cannot be obtained, either party may terminate this Agreement without liability to the other, except that Seller shall return the Earnest Money to Purchaser. 10. Survey; Subdivision. In the event a city, county, or other governing authority where the Property is located requires a survey or plat or has a subdivision ordinance, the Purchaser shall, at his sole expense, comply and take all steps necessary to obtain such survey, plat or subdivision. The survey, plat or subdivision shall be submitted by Purchaser to Seller for review and approval prior to recording and within a period of thirty (30) days after the date of Seller's acceptance of this offer. Seller agrees to cooperate with Purchaser in obtaining the necessary approvals. The closing date shall be extended, subject 10 to the limits set forth in paragraph 6 of this Agreement, for such period as may be required to obtain such approval. -3- • 11. Possession. The Purchaser shall be entitled to- possession of the Property upon the Date of Closing. 12 . Condition of Property. Purchaser offers to purchase the Property in an "as is" condition, with all physical defects, including those that cannot be observed by casual inspection. Seller shall have no obligation to repair or remedy any physical defects of the Property. . 13. Commission. Each party warrants and represents to the other that no real estate brokerage commission or fees of any kind or type are or will be payable by such other party as a result of the transaction herein provided for, or, if any such commissions or fees are payable, the warranting party shall pay the same and hereby indemnifies such other party of, from and against any and all claims for any real estate brokerage commission or fee which may arise as a result of any acts of the warranting party. 14. Time is of the Essence. Time is of the essence of this Agreement, and it is agreed that in case the Purchaser shall fail to comply with or perform any condition or agreement hereof or to make any payment required, the Seller may elect, by written notice to Purchaser, to declare all the Purchaser's rights hereunder terminated, and upon its doing so, all payments made by the Purchaser hereunder shall be forfeited to the Seller as liquidated damages, or the Seller may, at its election, treat this Agreement as being in full force and effect with the right to an action for specific performance. No waiver by the Seller of any default on the part of the Purchaser shall be construed as a waiver of any subsequent default. 15. Notices. Any notices required or permitted to be given shall be in writing and delivered either in person or by certified mail, return receipt requested, postage prepaid, addressed as follows or such other address as may be designated by either party: SELLER: GLACIER PARK COMPANY 2000 Foshay Tower 821 Marquette Avenue Minneapolis, MN 55402 Attn: Sales & Property Management with a copy to: GLACIER PARK COMPANY Attention: Corporate Counsel 1011 Western Avenue Suite 700 Seattle, Washington 98104 PURCHASER: CITY OF STILLWATER Stillwater, MN 55082 41 -4- Any notice given pursuant to this Agreement shall be deemed effective the day it is personally delivered or three business . days after the date it is deposited in the United States mails. 16. Reasonable Attorney's Fees. If by reason of any default on the part of either party to this Agreement it becomes necessary for the other party to employ an attorney, then and insuch event the unsuccessful party shall pay to the prevailing party a reasonable attorney's fee and all reasonable costs and expenses necessarily expended or incurred by either party in connection with such default or action. 17. Entire Agreement. All understandings and agreements previously existing between the parties, if any, are merged into this Agreement, which alone fully and completely expresses their agreement, and the same is entered into -after full investigation, neither party relying upon any statement or representation made by the other not embodied herein. This Agreement may not be changed or terminated orally. 18. Lease Prepayment Limitations. If the Property is currently being leased to Purchaser or one or more third parties, Seller shall not refund or prorate any prepaid or unearned lease rentals except to the extent that such prepaid or unearned rentals for any lease exceeds the sum of $500. 00. 19 . Lease Rentals; Continuance of Purchaser's Lease. If the Property is currently being leased to the Purchaser, the . Purchaser agrees to keep rentals, taxes and other charges payable to Seller under the terms of the lease fully prepaid. Any refund or adjustment of the lease required pursuant to paragraph 18 above will be made on the date of closing. If the lease is only partially located within the Property being purchased, the refund, if applicable, shall be apportioned by Seller. Termination of Purchaser's lease shall be effective upon the date of closing. 20. Leases Other Than Purchaser. If the Property is currently being leased to one or more third parties, the lease(s) will be assigned to the Purchaser on the date of closing. Any refund or proration will be handled pursuant to paragraph 18 of this Agreement. 21. Foreign Persons. Seller is not a foreign person as the term is used and defined in section 1445 of the Internal Revenue - Code of 1986, as amended, and the regulations promulgated thereunder. Seller shall, upon request of Purchaser, complete an affidavit to this effect. 22 . Purchaser's Title Information. Unless otherwise notified by Purchaser in writing not less than 20 days prior to the Closing Date, Seller shall convey the property to the Purchaser as named on page one of this Agreement. If the 11 Purchaser wishes to have title to the Property conveyed otherwise, Purchaser's written notice shall clearly set forth the -5- full and correct names of the party or parties to whom title will be conveyed, their address, their relationship to Purchaser, if any, and whether conveyance is to be in joint tenancy or otherwise, and, if a company, whether it is a partnership, trust, trustee or corporation, address of principal office and state of incorporation. 23 . Seller's Assignment. Seller shall have the right, without Purchaser's approval, to assign all of its right, title and-interest in this Agreement to a third party prior to closing. This offer, consisting of 6 pages and of said Exhibits A and B, attached hereto and made part hereof, has been made, signed and sealed by the Purchaser this day of 1991. PURCHASER: SD-a-MR: CITY OF STILLWATER GLACIER PARK COMPANY By By. its its By By its its Attachment: Exhibit A - Legal Description Exhibit B - Site Map 41 -6- EXHIBIT "A" Parcel 1 That portion of Lots 1 through 8, Block 18, Original Town of Stillwater, Washington County, Minnesota, all described as follows , to-wit: The Easterly 20.0 feet of said Lots 1 through 7, Block 18, lying Westerly of the Westerly right-of-way line of N. Water Street, according to the recorded plat thereof, and the Northerly 10.0 feet of the most Easterly 20.0 feet of said Lot 8, Block 18, lying Westerly of said Westerly right-of-way of said N. Water Street. Parcel 2 Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle Street, according to the recorded plat thereof, lying Easterly of the Easterly line of • N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel with and distant 66.0 feet Easterly of, as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) Original Main Track centerline, as originally located and constructed; EXCEPTING THEREFROM all that portion of the 23.5 foot wide strip of Burlington Northern Railroad Company's right-of-way, being 8.5 feet wide on the West side and 15.0 feet wide on the East side of said Original Main Track centerline upon, over and across said Block 27. Parcel 3 That portion of Block 18, Original Town of Stillwater, Minnesota; and that portion of the Easterly extension of Commercial Street, according to the recorded plat thereof, lying Easterly of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel with and distant 8.5 feet Westerly of, as measured'at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) New Main Track centerline, as now located and constructed, and between the Easterly extensions of East Myrtle Street and East Mulberry Street, according to the recorded plat thereof. Parcel 4 That portion of the SE/NEQ and the NEQSEi of Section 28, T30N, R2OW, 4th P.M. , Washington County, Minnesota, and that portion of Blocks 18 and 27, Original Town of Stillwater, Minnesota, all described as follows, to-wit: , d/ Commencing at the intersection of the Westerly produced Northerly right-of-way line of E. Myrtle Street, according to the recorded plat thereof, and the shoreline of Lake St. Croix, Minnesota; thence Northerly along said shoreline to a point perpendicularly distant 140.0 feet Northerly of the Northerly right-of-way line of said Myrtle Street, being the True Point of Beginning of the parcel to be described; thence Northerly along said shoreline to the point of intersection with the Easterly produced Northerly line of Lot 4, Block 17, Stillwater, Washington County, Minnesota; thence Westerly along said produced line to a line drawn parallel with and perpendicularly distant 8.5 feet Easterly of Burlington Northern Railroad Company' s (formerly Northern Pacific Railway Company's) most Easterly Spur track centerline, as now located and constructed upon, over and across said Section 28; thence Southerly along said parallel line and produced 10.0 feet Southerly of the Southerly terminus of said Spur track centerline; thence Westerly at right angles to said parallel line a distance of 17.0 feet; thence Northerly and parallel with said Spur track centerline a distance of 20.0 feet; thence Westerly at right angles to said Spur track centerline to the point of intersection with a line drawn parallel with and perpendicularly distant 15.0 feet Easterly of Burlington Northern Railroad Company's most Easterly track centerline, as now located and constructed; thence Southerly along said parallel line to the point of intersection with a line drawn parallel with and distant 8.5 feet Easterly of, as measured at right angles to, said Railroad Company's Original Main Track centerline, as originally located and constructed; thence Southerly parallel with said Main Track centerline to the Northerly line extended of E. Myrtle Street; thence Easterly along said extended Northerly line of Myrtle Street to the intersection with a line drawn parallel with and distant 66.0 feet Easterly of, as measured at right angles to, said Original Main Track centerline; thence Northerly parallel with said Main Track centerline to the intersection with a line drawn through the True Point of Beginning and parallel with said Northerly line of E. Myrtle Street; thence Easterly to the True Point of Beginning. List # 2 Sequence # 231 108.20.2/231 (1) 4 J 0 \ •\ .:.- *-■,.. %1% VI �� • 1 . 0 i . 8 ' \\S T\ A i. .r \-- `.-c.\ \ , t 4\ v' V ` Aid-\ \\ \ 1 m , �A x \ \ ' c �6, . rG 1\ 1 A,Y ' .110 r � � �IAL m tgS' CP 14% c.� ` �t 1 \ A r t \:;\,..,,,..„.c....r,.. . Vh *, S\11..\. :_4 1.- 7;\\ • Gv.s'�S,S NV'C \--- C rG.- -/4- WASH ! k1CGTOk1 CO. ki(k) ii EXH1B1T I' ' sir mummossaani ��Se2EA5EMEf -1- 2 SCALE: t = DATE: 1.10VEMBESZ 1985 i \4,Ns ••• \ \•\ • ?, ' t1 \ \\.‘ ki . -- k.4\ 'II ' li\ ; ..\ 'I. **1 Y''' '\ �� \ WI' V \ I 11• N,,�( Oil \";, , \ N . . • t ' _'' { �'' , , N . 41.7\ vi4 s, -\\-`,75••::' ' -. f - ' i . aikilv,.. , , \ . t,\A' , . ..\11,,,,,,if:',:iifi''; FA. 17,II._ -5 L.-: , .....-..s.,/ 's.,, .- .-) ... \ , \... . ....-- .!lip ,,i 7,0,,,,,Noi, . • li \-, \"it . - k, • \ ■ - ,‘ \'`H°1 5 • A , \ \ . : ............„ , ib\‘ , k .. . ti \ „..., 1 . , , , . \ ‘ , t., \ \P'Nil v.. . \ ii, y.,,, . \‘‘., t\ 1 \ ED 3, • ' .0, % \ - \ ,-.1 .....i \ \ ..... t, 1....V1 (4.14 \;,. ••\ 1\\\,. \\, \7.- 0\ \A 4 \.\ cr: -., , \ ''' ... ••• • ivf "CPA or G \ Ns . ,:. \ \ S \'• N ,s, ... 1 .1111, 'IV, , . \ . \ \ , .....i. ". • 1 .'' .. i . \ I. ' , ..‘ \' \ . \ tY . .Q.:-.\.; , . 18.- \`, ' t. 1—, 3 ,� r \ ;` / p '•.� \ A•p1 \ '\. �`\ " .J A1- VIO `, , .„ \ Z a , . ( \I\ .� \d . �• '` • \\ < re/ ', g° \.. \ cn ! . : I ___ 4 P. "I� . •;... .... . i/ I IN . .... \.,..(,. �j CA OS 11 rt. , 1 t>\ �' , s't71 e' i � � C )rr/r ► .. Iran l �1":11111 IA N. , ,\\, I r d g ..., _ .. • ..� V 0 1 , rl r... ei ,et .>.■• — , '; 'k 3 --- \ _ . .._._. .. .. .......'•'' �\ Q \•\\• ,i'' i - ,'1 •. \ v� -C� f,pd I.. \ \:\ .. \ ‘ e,te....--)r...-\'1,. • t "1\• Ihx;f1V/1 \ • . "'• \ \,-""c--.- ,.......-- . a 9 l'• •• -, :V\6 ir IT J. A' 1 .... , ,..sb,.. , .. , \ 1 f \ ti e J \ j•c i. . b G/3 `Y ` .••••. , ` , let: \ 1 7.1, \ C �•' • �.\ ,`` A\ \ \�t1 1 V` \ .1 , ,. .., •\ ' '\ \ 't' , ` \� 1 \ ‘ \ \ \ \.\ \ \ 1 3 ;` \, \ \ 6 • '`4 `�\ ,;� 1' \'s \ ',, \ \ ■•\., ,:s.e.. ., \4 \ \\ • ' N' ‘.\ • '),ki •i 1:‘.A. .7 \ ‘•.'.•••• \ ',\ • \,t to fc.t— it • To: Stillwater City Council From: Lynne Bertalmio, Chair, Music on the Waterfront Re: A Proposal for Outdoor Concerts in Lowell Park 5 March 1991 The Downtown Council, a committee of the Chamber of Commerce, would like to hold a series of eight concerts in Lowell Park in 1991 on Wednesday evenings similar to the very successful concert series held in the park in 1990. We have requested permission from the Parks Board to reserve the southern portion of Lowell Park for those evenings and they have given their approval to those dates. Music on the Waterfront Concert Proposal: Objective: By providing high quality entertainment for residents and visitors, the Downtown Council hopes to create a sense of an attractive and inviting downtown community. Last year's concerts were well received and attended with a substantial proportion of attendees being local residents. Dates: July 3,10,17,24,31 and August 7,14,21 with all music performed between 7 P.M. and 10P.M. Artists: The intent is to schedule different kinds of popular music including jazz, big band, light rock, reggae, country western, folk, and light classical depending on artist availability. Funding: We hope to fund the concerts with a mix of sponsorships, donations, and the sale of 3.2 beer, soda, ice cream, light refreshments, and T shirts. All proceeds from the sale of refreshments in the park will go for the support of the concert series. Insurance: Liability insurance will be provided through a rider on the Chamber of Commerce's policy. Dram shop insurance is not required for the sale of 3.2 beer. The Downtown Council Requests of the Stillwater City Council: 1. Their support of the concept of Music on the Waterfront 2. A license for the consumption of 3.2 beer in Lowell Park during the concerts 3. A permit for the sale of refreshments and T shirts in Lowell Park during the concerts 4. The dosing of Levy Road to traffic during the concerts 5. Financial support for the concert series in the form of an in-kind donation of two police officers for security during the concerts o r a STILLWATER CITY COUNCIL MINUTES SPECIAL MEETING February 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 Comm. Dev. Director Russell Parks Supervisor Thomsen Public Works Director Junker Library Director Bertalmio Public Safety Director Mawhorter City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Marlene Workman, Clayton Patterson. 1. Resolution regarding apportionment of delinquent assessments & taxes on future Oak Glen Development Corp. Subdivisions. City Attorney Magnuson presented a memo from Tom Hayes office regarding the above item. He suggested a meeting be held with County personnel and stated the issue is whether or not it is permissible to allow these final plats to be filed without payment of delinquent taxes. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution relating to the apportionment of delinquent assessments on future Oak Glen Development. (Resolution No. 91-21) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 2. Budget Workshop Extensive discussion followed regarding reductions to be made to the 1991 Budget in response to the anticipated loss of $89,141 in Local Government Aids. The total required budget reduction is $145,663. With the proposed reductions suggested by Staff, there is an excess amount of $33,770. Council also stated concern for lack of funding for the years 1992-93. S 1 f Stillwater City Council Minutes Special Meeting February 12, 1991 Motion by Councilmember Bodlovick, seconded by Councilmember Funke to give the Youth Service Bureau a ten per cent decrease in funding with a total of $19,342 for 1991. (All in favor). Further discussion included the Police budget and the elimination of a clerical position; charges for false fire alarms and the elimination of Paramedics in the Fire Dept.; the elimination of the purchase of one Civil Defense Siren and other Capital Outlay items. Placement of "Slow - Children Playing" Sign, Burlington & Fourth Ave. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution for the placement of "Slow - Children Playing" signs on Burlington and Fourth Ave. (Resolution'No. 91-23) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 1991 Funding for SAEDC (Stillwater Area Economic Development Corp. ) Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to continue to support SAEDC for 1991, but to fund them at a ten per cent reduction from the 1990 budget, for the sum of $4,500.00. (All in favor) . Funding for Senior Citizens Center Motion by Councilmember Bodlovick, seconded by Councilmember Funke for a ten per cent reduction from 1990 funding for the Senior Citizens Center, in the amount of $9,450.00. (All in favor). Council directed Staff to present a final budget with the recommended cuts at the next Council meeting. Garba.e Waiver - Admin. Code No. 13-95 Council requested Staff to deve op criteria for evaluation of requests for garbage waivers. Motion by Councilmember Farrell , seconded by Councilmember Opheim to approve the request for a garbage waiver, Administrative Code No. 13-95. (All in favor). Recycling Container Grant Agreement Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution approving the Recycling Container Grant Agreement and authorizing the Mayor and Clerk to sign. (Resolution No. 91-24) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 2 Stillwater City Council Minutes Special Meeting February 12, 1991 Temporary Liquor Permit - Historic Courtnouse Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize a temporary Liquor Permit for the Stillwater Jaycee's fund raiser for the Historic Courthouse on March 2, 1991. (All in favor) . Council recessed for ten minutes and reconvened at 6:10 P.M. Discussion of Old Crane located near Aiple's Councilmember Funke stated he had discussed this item with Aiple's and they agreed to remove the crane, also the storage hoppers, with City approval . It was noted that the Historical society is interested in the crane and they will be contacted. Supervisory Personnel Salaries & Compensatory Time Extensive Council discussion followed on salaries and compensatory time for Supervisory Personnel . The discussion included freezing Supervisory salaries in order to set the example for negotiating union contracts for 1992. Council also discussed the elimination of compensatory time for Supervisory Personnel due to alleged abuse of the policy. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to eliminate compensatory time for 1991 and address the Personnel Policy. (Ayes • - 3; Nays - 2, Councilmembers Farrell and Opheim). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to amend the previous motion to relate to Exempt Employees only with the effective date of February 15, 1991. (Ayes - 3; Nays - 2, Councilmembers Farrell and Opheim). Staff asked for clarification of the new policy. Council stated employees may take time off the next day or soon thereafter when working overtime. Mayor Abrahamson and Councilmembers Bodlovick and Funke will make recommendations for the new policy. Council also stated employees may keep the comp time previously p ously earned. Motion by Councilmember Opheim, seconded by Councilmember Farrell to grant Exempt Employees a four per cent raise for the year, 1991. (Ayes - 2; Nays - 3, Councilmembers Bodlovick, Funke and Mayor Abrahamson. Motion failed) Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution giving Supervisory Personnel/Exempt Employees a two per cent raise for the year, 1991. (Resolution No. 91-25). Ayes - Councilmembers Bodlovick, Funke, and Mayor Abrahamson. Nays - Councilmembers Farrell and Opheim. !II 3 Stillwater City Council Minutes Special Meeting February 12, 1991 Carry Over of Unused Vacation Time for Exempt Employees Motion by Councilmember Funke, seconded by Councilmember Bodlovick to allow the carry-over of unused vacation time by Exempt Employees to 1991 with adherence to the Personnel Policy hereafter. (All in favor). Joint Cable Communications Commission Budget Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the budget for the year, 1991 of the Joint Cable Commission and the payment of $31.25 per meeting toward the cost of cablecasting regular Council meetings. (All in favor). Civil Defense Director Salary for 1991 Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve a raise of four per cent for the Civil Defense Director for the year, 1991. (Resolution No. 91-30) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None Request for Executive Session City Coordinator Kriesel requested Council meet in Executive Session to discuss a possible repayment of sick leave overpayment for a Public Works Employee. Council concurred and will hold the meeting on February 19, 1991 after the regular meeting. Recognition Dinner at Lowell Inn Motion by Councilmember Bodlovick, seconded by Councilmember Funke to allow the Lowell Inn to schedule a recognition dinner for the Police Dept. , Council and City Administrator for March 12, 1991. (Ayes - 4; Nays - 1, Mayor Abrahamson). Public Safety Director - Treasurer, Police Chief's Ass'n. Mr. Mawhorter requested Council approval in order to run for Treasurer for the Minnesota Police Chief's Ass'n. Council concurred. Mr. Mawhorter also asked for clarification on Council 's wishes for his working hours. Council stated he should be in his office 8:00 A.M. to 4:30 P.M. , Monday through Friday. Building Official - Conference Time Community Development Director Russell requested Council recommendations regarding the time away from work for conferences and seminars. Mr. Zepper has requested to be absent for this purpose approximately 24 days in 1991. Council stated they will develop a policy for this. 4 Y � r , Stillwater City Council Minutes Special Meeting February 12, 1991 ADJOURNMENT Motion by Councilmember Farrell , seconded by Councilmember Bodlovick to recess the meeting at 7:40 P.M. (All in favor). MAYOR ATTEST: CITY CLERK Resolutions: No. 91-21 - Apportionment of Delinquent Assessments on Future Oak Glen Development. No. 91-23 - Placement of "Children, Slow" signs near Burlington & 4th Ave. No. 91-24 - Recycling Grant Agreement. No. 91-25 - Increase in Supervisory/Exempt Employee Salaries. No. 91-30 - Salary Increase for Robert Murphy, Civil Defense Director. 5 S STILLWATER CITY COUNCIL MINUTES REGULAR MEETING February 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: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Peters Public Works Director Junker City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Sheryl Marshall , Matt Brine. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the minutes of the Special Meeting of January 29, 1991 and Regular & Recessed Meetings of February 5, 1991 as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Request for Temporary Three-Day Liquor License - Chamber of Commerce, March 22 - 24, 1991. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the issuance of a Temporary three-day Liquor License to the Stillwater Chamber of Commerce for the Twin States Dart Regional Playoff at the Stillwater National Guard Armory on March 22 - 24, 1991. (All in favor) . STAFF REPORTS Pipeline Permit, Burlington Northern Railroad & Storm Sewer Permit, DNR -Downtown Improvement, L.I. 257 Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve payment of $450.00 to the Burlington Northern Railroad for a Pipeline Permit and $500.00 to the Minn. Dept. of Natural Resources for a permit for a storm sewer outlet into the river, both of which are part of the Downtown Plan; and to add these items to the Resolution Directing Payment of Bills. (All in favor). UNFINISHED BUSINESS 1. Presentation of Feasibility Report for Improvement of Hudson St. , L.I. 272. 1 Stillwater City Council Minutes Regular Meeting February 19, 1991 Consulting Engineer Peters explained the request for paving Hudson St. east of So. Sixth Ave. This project was requested to correct drainage problems and Mr. Peters explained the placement of catch basins. Also, repaving needs to be done and the Public Works Dept. could complete this project. The total cost of the project was estimated at $4,000. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution accepting the Feasibility Report and ordering a Public Hearing for L.I. 272, Hudson St. Improvement on March 19, 1991. (Resolution No. 91-26) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 2. Quit Claim Deed - Cottages Phase III. City Attorney Magnuson explained that this deed would allow the Examiner of Titles to remove the memorial on the Certificate of Title relating to the above development. Also submitted for approval was the Development Agreement and License regarding maintenance of the retaining wall on Cottage Dr. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution accepting the Quit Claim Deed, Development Agreement and License for construction and maintenance of a retaining wall , all relating to the Cottages of Stillwater, Phase III; and authorizing the Mayor and Clerk to sign. (Resolution No. 91-27) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 3. Approval of Issuance of Multi-Family Housing Revenue Bonds (Cottages of Stillwater, Phase 3 Project). Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Mayor' s Certificate of Approval for the issuance of revenue bonds by Washington Co. HRA as it relates to the Cottages, Phase III project; and authorizing the Mayor and Clerk to sign. (Resolution No. 91-28). Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 4. Approval of contract with Braun Environmental Services for Soils Testing in Downtown Area. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution No. 91-29, approving the contract with Braun 2 Stillwater City Council Minutes Regular Meeting February 19, 1991 Environmental Services for the soils investigation in connection with the Downtown Improvement Project. (Resolution No. 91-29) Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 5. Possible second reading of Zoning Ordinance Ma? Amendment designating 88.5 acre site (Benson Farm) Single Family Residential R-A, Steve Fiterman, ap licant. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to have a second reading and enactment of a Zoning Ordinance Map Amendment designating an 88.5 acre site as Single-Family Residential , R-A (Benson Farm). (Ordinance No. 743) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - Councilmember Farrell 6. Possible second reading of an Ordinance Annexing approximate 88.5 acres of land to City of Stillwater boundary, Benson Farm, Steve Fiterman, applicant. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to have a second reading and enactment of an Ordinance annexing approximately 88.5 acres • of land to the City of Stillwater, (Benson Farm). (Ordinance No. 742) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - Councilmember Farrell Council discussion included excluding two lots on Pine Tree Trail and watermain costs. It was noted that the Water Dept. raised concerns regarding the looping of the waterline. Objections were raised regarding lot size. City Attorney Magnuson submitted a Development Agreement for the Highlands of Stillwater. Council and Staff will review this document and comment at the next meeting. 7. Designation of Delegate to EMS Council . The Fire Dept. will make a recommendation to be considered at the next meeting. NEW BUSINESS 1. Appraisal Report for Vacant Property Located East of Metropolitan Waste Control Plant. Mr. Magnuson explained the report and why the appraisal was lowered. Council requested a written report be obtained from the Appraiser as to why the amounts were lowered. STAFF REPORTS (Continued) 3 Stillwater City Council Minutes Regular Meeting February 19, 1991 Finance Director - 1991 Budget Finance Director Deblon explained the changes to the budget. Council requested that Library Director Bertalmio attend the Council Meeting on March 5, 1991 to discuss the Capital Outlay items requested for the Library. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate Resolution amending the 1991 General Fund Budget. (Resolution No. 91-30) - Ayes Councilmembers Co cilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Farrell , seconded by Councilmember Funke to approve the Capital Outlay Budget for 1991. (All in favor) Effective Date for Elimination of Clerical Position in Police Dept. Motion by Councilmember Farrell , seconded by Councilmember Funke to set the date of March 15, 1991 as the final date of employment for a clerical position in the Police Dept. (All in favor). CONSENT AGENDA Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the Consent Agenda of February 19, 1991, including the following: (All in favor) . 1. Directing Payment of Bills. (Resolution No. 91-22). Ayes - Councilmembers Bodlovick, Farrell , Funke, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. Opus Corporation General Contractor Renewal P.O. Box 150 Minneapolis, Mn. 55440 Petroleum Maintenance Excavators Renewal 3172 Spruce St. St. Paul , Mn. 55117 Ritzer Excavating Excavators Renewal 919 5th Ave. So. Stillwater, Mn. 55082 Wallmaster Co. General Contractor Renewal 1197 Payne Ave. St. Paul , Mn. 55101 4 Stillwater City Council Minutes . Regular Meeting February 19, 1991 3. Send claim to Insurance Agent for injuries received at Lily Lake Ice Arena - Jeffrey L. Arnott. COUNCIL REQUEST ITEMS Councilmember Funke initiated discussion of returning Building Official Zepper to Department Head status for the Building Department and relieving Community Development Director Russell of that responsibility. Extensive Council discussion followed. Council directed that City Coordinator Kriesel prepare a report regarding this issue with Mr. Russell and Mr. Zepper's input for review and decision by Council . STAFF REPORTS (Continued) City Coordinator - Mr. Kriesel presented a request from Building Official Zepper to attend an ICBO Board Meeting March 18 - 22, 1991. Council discussion followed regarding seminars and conferences. Verification of Park Supervisor's Salary for 1991 Council verified that Mr. Tnomsen's salary for 1991 was set at $33,500.00. Possible Meeting with Jim Junker, Junker Sanitation Council discussed Mr. Junker's request for a Special Meeting and directed Staff to inform him to meet with the Solid Waste Committee on February 28, 1991 and the Committee will then report to Council . COMMUNICATIONS/REQUESTS Council noted the following communications. No action was taken. 1. Jane Boerboom, Minn. Pollution Control Agency - City Sewer Improvement Project. 2. Dick Moore, Consulting Engineer - Fairmeadows Road Forcemain Extension. 3. Frank E. Aiple - Stillwater St. Croix Barge Terminal Co. 4. Glen Van Wormer - Highway 95, north of Stillwater Construction Project. 5. Scott Renne, County Assessor - 1991 Local Boards of Review. 6. Dave Swanson - Lumberjack Days Parade Information. 7. Jennifer Tschumper - Thank you to City. ADJOURNMENT Motion by Councilmember Farrell , seconded by Councilmember Bodlovick to adjourn the meeting to Executive Session at 8:30 P.M. (All in favor). MAYOR ATTEST: CITY CLERK 5 Stillwater City Council Minutes Regular Meeting February 19, 1991 Resolutions: No. 91-22 - Directing Payment of Bills. No. 91-26 - Accepting Feasibility Report & Order Public Hearing for L.I. 272, Improvement of Hudson St. No. 91-27 - Accepting Quit Claim Deed, License & Dev. Agree. for Cottages, Phase III. No. 91-28 - Approving Mayor's Certification of Approval , Cottages, Phase III. No. 91-29 - Authorize Proposal to Conduct Soils Test in Downtown by Braun Environmental Services. No. 91-31 - Amending 1991 General Fund Budget. Ordinances: No. 742 - Annexation of Benson Property. No. 743 - Amending Zoning Ordinance & Map (Benson Property). 6 -IF * 1ater • THE BIRTHPLACE OF MINNESOTA 4 TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 10, 1991 SUBJECT: REVIEW OF REQUEST TO USE UNIMPROVED NORTH WILLIAMS STREET FOR DRIVEWAY ACCESS TO A VACANT LOT. This item was scheduled for the Council meeting of December 4, 1990 and continued to this meeting at the applicant' s request. A report from Short, Elliott and Hendrickson regarding the utility improvement has been added to the Staff report but no other information has been received. RECOMMENDATION: • Consideration of request and recommendation from the Planning Commission in memo dated November 8, 1990. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 • ALBERT E. RANUM TELEPHONE KARL M. RANUM • (612) 439-4143 ERIC J. RANUM November 30 , 19 9 0 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 • Attn: City Council City Clerk Re : Request of Albert Ranum (Owner) fbr permission to install Driveway over North Williams Street • To: The Stillwater City Council: It is our understanding that this matter has been referred by the Planning Commission to the City Council for consideration in their meeting scheduled for December 4, 1990 . Please accept this letter as a request that the matter be continued for a period of time no less than 30 days . This request becomes necessary as we are having difficulty in obtaining written estimates for the improvements recommended by the land use study presented at the Planning Commission meeting . We have Consulted with contractors on an informal basis and the projected costs of these improvements appears to be quite substantial . We believe it is necessary for us to obtain formal written estimates from these providers . It is our intent to present this information to the council at the time our request is before them for consideration. We believe it is important that the council have this information before them so that they can have a full appreciation of the comparative costs to the property owner for the requested alternative and those' recommend- . ations made by the Planning Commission. We feel that a lack of awareness of the actual cost and impact to the property owner of the recommended improvements by the Planning Commission contributed significantly to the nature of the recommendations forthcoming from that august body. Our intent will be to quantify the cost of both alternatives to the property owner so that the council can give full and fair consideration to the request before them. Please contact me as soon as possible so as to advise me of the new date for this matter . Very truly yours, RANUM LAW OFFICES , P .A. Karl M. Ranum KMR:km • • at s 1 e THE BIRTHPLACE OF MINNESOTA TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 8, 1990 SUBJECT: NORTH WILLIAM STREET LAND USE/PUBLIC FACILITY STUDY BACKGROUND: At the Council meeting of September 18, 1990, the City Council received a request to use North William Street for access to vacant Lots 6 and 7. The vacant lots combined contain 12,000 square feet. In the RB Duplex Residential District this size lot could accommodate a single family dwelling or duplex. Besides the property owner, several residents who live in the area appeared at the Council meeting and expressed concerns for the sewer services along Linden, the impact of a new dwelling unit on the site, the maintenance of the vacant lots, the potential for additional development using North William Street for access. The property owner indicated he had purchased the property many years ago for development. Based on the comments, the Council felt additional information and study was necessary to make a decision on the request and referred the request to the Planning Commission to address the concerns. STUDY A Land Use Study was conducted to examine existing land uses in the area and determine the potential for additional vacant lot development along North William Street. The vacant lots are relatively flat and overgrown with vegetation. A ravine runs along the north portion of the study area. Portions • of the most northerly vacant lots have been filled. A land use map is attached showing existing land use and vacant sites. Beside the vacant parcel requesting access, two or three additional lots, depending on ownership, have potential for development based on existing RB zoning requirements. (See land use map. ) North William Street, south of West Linden Street, has a sixty foot right-of-way. North of Linden the east half of the right-of-way has been vacated for 125 feet. Then the right-of-way increases to the original sixty feet. The thirty foot right-of-way cannot accommodate a new local street that constructed to City standards. Water and sewer services are located in West Linden Street. According to the Water Department and Public Works Department, there is adequate capacity to accommodate the requested one lot development or a potential additional three • lots. The area would slope to the northeast into a lower ravine running east/west just south of Laurel Street. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 S ANALYSIS In the study area, three or four vacant lots could develop in time. Access to the lots would be off North William Street. To service the four lots, access would be provided over the North William Street right-of-way and utilities would be extended from Linden Street. The City utility departments recommend a twenty four foot street minimum, six inch water line and eight inch sewer line. A fire hydrant and manhole would be located at the ends of the lines. RECOMMENDATION: Allow use of North William Street for access to lots 6 and 7 subject to the following terms: 1. The twenty four foot street shall be constructed according to City standards extending from Linden Street to the north boundary of lot 7. 2. An eight inch sewer main and manhole shall be constructed extending from West Linden Street to the north boundary of lot 7. 3. A six inch water main shall be extended from West Linden to the north boundary of lot 7. A fire hydrant shall be located at the end of the line according to the Water Department standards. 4. Any development on the vacant lots shall meet all zoning requirements. • 5. Should the vacant lots to the north along William street develop, lots 6 and 7 would share in the cost of improving the road. 6. Fire Department access to lots 6 and 7 shall be reviewed and approved by the Fire Chief. ATTACHMENTS: - Letter from A.E. Ranum. - Staff report for Council meeting of September 18, 1990. • (441,e— ix. Arsoi ENGINEERS 1 ARCHITECTS R PLANNERS 3535 VADNAIS CENTER DRIVE ST PAUL,MINNESOTA 55110 612 490-2000 November 29, 1990 RE: STILLWATER, MINNESOTA NORTH WILLIAM STREET LAND USE STUDY SEH FILE NO: 89114 Mr. Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: Pursuant to your request, we have made a preliminary investigation of utility service and street access ' or Lots 6 and 7, Block 11 Sabins Addition. Lots 6 and 7 can be served by a sanitary sewer exte sion from the existing deadend sewer on Linden Street. Public orks measured the manhole depths for the existing manhole at William Street and at Everett Street. Using known intersection -levations, we calculated the grade of the existing pipe. Our calculations reveal a gradient of 0.43% which is greater tha the minimum required grade of 0.40%. This pipe has the capacity to handle another home. An extension of the sanitary sewer north on William Street will require another manhole for alignment in the existing 30 foot right-of-way. We estimate the cost of the sewer a tension to be $5, 555. This includes 30% for contingencies, engin=ering, admin- istrative and legal costs. Only Lots 6 and 7 can be served from the sewer on linden Street. The other properties north of Lot 6 within the and use study area will require service from a sewer exten-ion from the existing 24" sewer in the ravine between Laurel Str=et and Linden Street. These properties are lower than Lot 6. Watermain can be extended to the end of the future street if desired. For this study we have estimated tie cost of a watermain extension to the end of the proposed saving (at the north end of Lot 6) to be $7,490.00. A hydrant is to be constructed at the end of this extension for flushing and additional fire protection. This hydrant may .e moved to a S location further north in the future if this watermain is extended further. SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN Mr. Steve Russell . November 29, 1990 Page #2 The entire land use study area would be served by the watermain extension on William Street. • We have estimated the cost of constructing a 24 foot wide city street section at $7, 650.00. This includes the city standard of 3 inches of bituminous surfacing, 6 inches of aggregate base and concrete curb and gutter on each side. This street extends to the north edge of Lot 6. This does not meet the City standard for design width of 32 feet and right-of-way of 60 feet however. A variance for these design differences will be required by the Council. A future extension of. William Street would provide a cul-de-sac which is required for deadend streets in Stillwater. An exception should be made for this first phase construction and a cul-de-sac constructed in the future. We have included the drawing prepared by the City Planning Department with the proposed construction indicated. This study was ordered by the City Council after• receiving a letter from the property owner of Lots 6 and 7, Mr. A. E. Ranum. The letter was dated September 4, 1990. We find the project feasible and the first phase can best be constructed as indicated at an estimated cost of $20, 695.00. Sincerely, Richard E. Moore, P.E. City Engineer REM/cih Enclosure I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under th la s of the St Minnesota. j • DATE: November 30, 1990 REG. NO. 14691 cc: City Council Dennis McKean, Stillwater Board of Water Commissioners David Junker, Department of Public Works IfvV L. U 0—FM/ 11 •U1 V111 VI 011LLwn1CJ rr:n llv. U1G•-1Ja7U` .JU f. 1.10 • . - • 04! 5•IJ • •• 51.5" ' SC "NORTH WILLIAM STREET LAND USE /FACILITY PLAN i I I• DU Dwelling Unit 0° 9 I a . 7 c ,. Vac Vacant Land. %: 1 • -st.$' Sd• " ' . :.. Lt.•'/CJ_' ` 2 'L%., ' 4e• , 4o r 40 6 -�.... 14. 4470 i ..•- h• �• y y. la 4 17• °' a Kermit and—1---•— • • •.... -� I Q 12 1 ci Eleanor Mohn .e©7'Q , • •es I i ,,•: },,, ,k M• __3'194 2 4 C'/ T Y 4r ` • • • - C. lij ...." • '."1"--""^"•1111rAgiippr . ' . A -% d Dale and Deborah'Hende"r$on � 1 1 • . „/ •a e b s7eso ( F. \`\� • /�STR E-7-- o , O , f4As ; 3 4 •. * �¢ I "�adz . 7'-r!� it . Wil l fam Sovn • Washington ICe I I �" 475-ea , •,,�, � ' \` a 4�$ �a Auditors ,4-.. ,j• orfeit land ( �� a ii '� �,. a' 30. _ • .. • • 1 city. . • 16 ; 415 Dale d'Patricia'Johnson ' ' ' stIl • C31 '647,,C3.° ' E/Vp PRoir sE � 6` .• •to Jeffr>: and • 1... Va7bv tk4 44Q7 Davida Austgen •� 1.1 // 4"'- /. . I•� t ts' �s rs t,,s a,,. •ors K.O. Al6ert R el, C1v� I Richard and /-0 18 c anum a I Margaret ' x"•¢80 �` `� �° • /Vike7 . Qj N II orth yer 1 5.4501 3: • v • Scott and Tracey'Johnson t A �'I 9 e 7 6 s 4, • e Mark and Cheryl Kasper Kathryn Thueson ,l k 1 �v agio • • 0401 • c ' h ou 9 • ' 08 .404.. i 0 1 . • a SG90 . '• .. 44o' k I 726 8° + 710 .. X/Sri 4 41 WI A 3 I' L, 'EL. I r. 45 �- —. I i N s ,,i (S SST 18 T'LA/D . .. • S7,Q•'E - 1• , • I • • 81 _ 720 ` I 44.6 • s.o �a._.. Jo I.__. ..316 h ► �.s PREPARED • T6O9 . BY ry — X86 — 1 SHOAT ELLIOTT HENDRICKSON, INC. I �.•4 0 0 I a ST. PJ�UL, MI NESOTA • CHIPPEWA FALLS,WISC. •12v la ■ ' 2' C . i ; /fz9 74 • to . 7 � ` a p 317____ a 7 L7 ,' '"`-.y.. / . S9//¢ .; �1 I. r 1 at er THE BIRTHPLACE OF MINNESOTA TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 12, 1990 SUBJECT: REQUEST TO USE A PORTION OF NORTH WILLIAMS UNIMPROVED RIGHT-OF-WAY FOR DRIVEWAY ACCESS TO VACANT LOTS 6 AND 7. - The request is to use the thirty foot west portion of North William Street, north of Linden Street, to provide access to a vacant 12,000 square foot lot (Lots 6 and 7). The lots meet the size requirements for the R-B District and are flat with overgrown vegetation. Development regulations require that lots must have access to an improved public road. Adjacent property owners have been notified of the request. If the request is approved, a license could be issued to • property owners to use the right-of-way for a driveway, subject to possible future use for a public street. RECOMMENDATION: Approval . ATTACHMENT: Letter - September 4, 1990. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 RANITM LAW OFFICES, P.A. 4111 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 ALBERT E. RANUM TELEPHONE KARL M. RANUM (6121 439-4143 ERIC J. RANUM September 4, 1990 Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 To the Members of the Stillwater City Council and the Mayor: I am the owner of Lots 6 and 7 , Block 11, Sabins Addition to Stillwater. Williams Street, which runs North and South, and which is30 feet in width, North of West Linden Street, is the access street to my Lots 6 and 7, and which is unimproved. Each lot is 50 feet in width and 120 feet in depth for a total property size of 100 x 120 feet, on which I wish to build. Water and Sewer are available in West Linden Street. I request that the Stillwater City Council grant me permission to use the Westerly 30 feet of North Williams Street as a driveway access to Lots 6 and 7 , Block 11, Sabins Addition. I enclose a plat of Sabins Addition, in which includes the lots that I own. If you have any questions in any of these matters, do not hesitate to contact me. Very truly yo' , 61!2:7 I, I 6T-/V1ij A. E . Ranum Owner AER:km ,i Enclosure 7•Slt •• �� ,' '' N . , 811111 to .7 i r r 511. �S // Bars 1lrti t G S•C6t YiP / / 1— I s•---- H I 3I 3 r °S o o / ' / N / CU r 99 N�. ■ / . as Lazl N o "gig ,_; — `v /� / *' ..r,, r. Nez - 7 ./ os 'i c"•% to szt szt to szt // ./' '1S • /13Ia21 VH 'N - oat I I ®� OSoot t� w szi Szt •d- M tD _ SCl ost I 1 I i .a RI _ 1 r • �, S OS 05l r• ° ❑ 3 .^—r I 1 �, 581 ME in V �abw •N O� ii 1 } I I- � v 1 es t a �; Lf� i 1 < 1 1 °C •. 0 t N -_ � ► � oot CSi _ N 1 ' Nt- : ' 1 1 U — 1 I 4 .1 1 OGl ° l 1 N r� \�\\ \\IC)15 OS oct 1` �` jv — stz os oct ` 3 : 113a3A • N •— J v ` , 7"---"7" ,-, cl ov, SCI - SCt� N _`l ' SLC / ♦ \ • NM .r _S it SZl to ■ . • y \ it �j (' -0 5.971 T / / / / I-- ° v ,�j �'/ / / ,„ o S • os `-ost '°^ Is m FCt Stl in / Q. / - — y■ wb111IM• 'N / �/ / oat OS szctld • CO Sit Sit of �,, a?.00t / ° •1S SW V1-1-1 IM •N _4St .Sl N •, s pSCt Sti(. o �" L''19�/ / P`. °.3. / OS ' ?,,; OS ' OS In 0 to ^— / / / • :�A, P CO • N W d w „ IC3 II . /1 99 I - — O N w ! I os / "! Ft OS as O • .� f~I 1 �1'1S �131N3 1E •N �`- — _ / f of os • ' as ' ° ! to < ,. i J 1 1 / 0 _ •" ° t~ 1 1 1 . „T' — 051 051— - } I 1 I Y - 4 • o .1,, It I . — SCl c ' ' 1 - in la .' n^ to yg1lN/°�' 1• LS' L OS OS OS • cc 7sz •" Nc� -- 0 ° • SN3MO ❑ oS �� 6c o5 I ....r /® Si I ■� h, a i F Y t a• ti :,:,,,:,;:'....'",',.'::',,,,',7`;':.:•.;. ..,'•'.'...' l r } ?. NORTH WILLIAM STREET LAND USE /FACILITY PLAN - .. vv• • I 6 . 7 6 S o°•1e ' •6 3 . �N • • 45- 50 -45O 444 i ( /• • ..j0 '17 .¢0 40 I 40 4o I le‘• t . — — —�� 4580 ¢� ' D•1.• t \, \� 4.1 I /3 ae �. •:-"Q�;• Ito `�Is. I 15 , 04 • '.. `O '*• !B I;" \ P !b H 17 o •• •�r' Kermit and Q... -- \`\ 5. t. .. :... ci .:•• Eleanor Mohn 5,12•.. • 727 o Tq�,(.. � \ ", r % ' • .ii, " 8/0 VA 6 o, //080 - •PDale and Deborah'Henderson • �\ !s. r;51. . ..4.. ... ' A • _ 2 p as 0. -7,.. c • . AllOirr' A.Zail ..,- .423 �., • 24 �� � 1. eG r Q' ,( O 1.William Soya,� • Washington ICo 5520 •+ Audi tor/'.• • 419 1s Forfeit land ) ; 1f �� �'' p Tlvv .575,0. _ / _5.._70 • � / ei;y 16 .415 Dale and Patricia Johnson ` ' • o '?' !z �•• '`..> YAK- - • <//1/4y/ N•_- Q ou s600 ' .f..Jeffrey and Y�/ /t• v ;407 Davida Austgen v / 5` • w 41.5 41.5/ 4/.6' 630 Richard and , • D Z Albert Ranum • 9 `Q i Margaret 1 :V - )8 4 ._...,� ._ k N I --1.5"`t2o ,. _- 550, 53: Orthmeyer �Q !� //Y2-7 Q ti , Scott and Tracey Johnson �rnnL V� o / ;co. N 9 6 7 6 5 g a Mark and Cheryl Kasper Kathryn Thueson I � �, X40 1 s 8 .404.. • • h --4, s690 . . ._s‘6o*. ' i 726 710 I • 'V H2O 12O 30' moo• 4t.5 �41.e 41.5 41.6 4t.S its. �S i ys- t..• 1..t i • !20•' --.8-.11�`—� 4f.6 M.6 18h • M u • to 1 .—.. ..316.y 9090 g• 0. 0 ' . q cc Ci b S . �. h N 12y �' I ' • •0311_,' 8 18 3 0 ...17 .7::: • . . • : b % F —. • Z61-Let ;--.eZ-.. RANUM LAW OFFICES, P.A. . 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 ALBERT E. RANUM TELEPHONE KARL M. RANUM (612)439-4143 ERIC J. RANUM January 11, 1991 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attn: City Council - City Clerk Re: Request of Albert Ranum, owner, for permission to install driveway over North Williams Street. To the Stillwater City Council: It is my understanding that the above-entitled matter will be taken up by the City Council on January 15, 1991, pursuant to my . previous request in order that I be able to obtain firm bids for the street, water, sewer, etc . improvements that have been recommended by the Planning Commission. Up to this date, I do not have firm bids for the improvements as recommended by the Planning Commission, and I request that the matter be continued until the February 19 , 1991, meeting, so as to enable me to get the firm bids for the street, water and sewer improvements required. Very truly yo s, Ck-r 1_/ J A. E. Ranum AER:km • • • • . . • 1 3se 8"2-' �. '- ��G • / ` P am •� 8_,,,,i,-.41--e-47t ,- v-P1"-- 1 1 , ' .7 ' tiX IZ:L. r "V� � U �- j _. X d-'H- "� ..v...... mod^ ,, - ° /lel i A 4 1 87AA,67/rtt, • Y , ' ,--19„ is 3,, ,,,, , . ,. . ., ....„ • . . . . — . . . --,,,,,.:,....:.... , • • • • „ _ •• • , • . . . . . . : •....• ,. : , . . . . . . . .. ... : ... ,. . ......., .-..-: ,-.. : ,:.'' ..•• • • • • • ./ MAGNUSON & MOBERG ATTORNEYS AT LAW THE GRAND GARAGE&GALLERY 324 SOUTH MAIN STREET STILLWATER,MN 55082 David T. Magnuson Telephone: (612)439-9464 James I. Moberg Telecopier: (612)439-5641 March 1 1 , 1991 Mr. Steve Fiterman Mr. Scott McDonald Mr. Bill Brady Mr. Jim Holft Mr. Steve Russell Gentlemen: Enclosed is what should be the execution draft of the Development Agreement that has several small changes from the third draft that was circulated to everyone on the March 5. At Steve Fiterman' s request, the Council approved the addition of the last paragraph to Section 3, which allows the option of satisfying the security requirements by letter of credit. The Council also authorized a slight change to Section 6.01 , that would allow the payment of estimated payments to an escrow agent, for payment to the City when due. I also changed Section 8 to add Subsection E, which provides that as a remedy upon default we could not only take possession of funds held in trust, but draw upon a letter of credit if that option is chosen. Exhibit "B" has been changed by requiring payment of the in lieu park fee to be made before the Phase Four plat is recorded. Conditions 16 and 17 were also added by direction of the Council and by agreement with Steve Fiterman. If this draft is acceptable I can arrange for the City signatures on six originals and then mail them to Jim Haft, whom I would like to arrange for the developers and mortgagees signatures and the recording of the document. Please call with any questions. Yours very truly, • David T. Magnuson Stillw •er City Attorney DTM/cs Enclosure Execution Draft: March 5, 1991 DEVELOPMENT AGREEMENT RELATING TO THE HIGHLANDS OF STILLWATER BY AND BETWEEN THE . CITY OF STILLWATER, MINNESOTA AND GROUND DEVELOPMENT, INC. , • A MINNESOTA CORPORATION This agreement was drafted by: David T. Magnuson Magnuson & Moberg The Grand Garage 324 South Main Street Stillwater, Minnesota 55082 S DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991 , by and between the CITY OF STILLWATER, a municipal corporation, and political subdivision of the State of Minnesota, (hereinafter called the "City") , and GROUND DEVELOPMENT, INC. , a Minnesota Corporation (hereinafter called the "Developer" ) ; WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1 .01 . The Property. The Developer now owns the Property described in the attached Exhibit "A", (the "Property") , which comprises 88.5 acres located in the proposed plat of the Highlands of Stillwater, Town of Stillwater, Washington County, Minnesota. 1 .02. Annexation. The Developer has requested that the City annex the property and the City is willing to take this action subject to the requirements and conditions set forth in this Agreement. 1 .03. Subdivision. The Developer has made application to the City under the City zoning ordinance and its subdivision ordinance for approval to subdivide and develop the property as for single-family residential uses. The Planning Commission and the City Council have reviewed the application in accordance with Minnesota law, the City Charter, and ordinances and have given preliminary approval to the development, as set forth in Case No. PUD/90-84 and SUB/90-83, subject to all Conditions of Approval, attached as Exhibit "B" (the "Conditions of Approval" ) . 1 .04. The Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property single family homes, and to dedicate certain lands to the City as needed for street right-of-way, utilities and parks, and to declare by restrictive covenant that certain land be devoted to common open space used for the benefit of homeowners within the project, all as set forth in this Agreement. 1 .05. Public Improvements. The Developer has requested that the City construct all street, storm sewer, sanitary sewer and water system improvements necessary to serve the Project. Page - 1 - The City is willing to take such action, subject to the requirements and conditions set forth in this Agreement. • These Improvements will be known as Local Improvement No. , Phases One through Six. 1 .06. Phase One. Phase One shall include the construction of Orleans Street to the Westerly line of Lot 23, Block 7; however, the water main shall be extended to a point thirty feet Easterly of the East property line of Lot 23 in order that water service can be made available to the city park. Two North/South streets will be constructed from Orleans Street to the Northerly boundaries of Lot 22, Block 9 and from Orleans Street to the Northerly boundary of Lot 24, Block 8. The cul-de-sac within Block 7 shall be constructed. This construction is the same as outlined in the preliminary plat of Highlands of Stillwater given preliminary approval on January 29, 1991 as set forth in Exhibit C. In addition to the construction of these streets, sewer and water main extentions and services shall be installed to the lot line of each lot as shown on the final plat. of each phase. 1 . 07. Future Phases. Future phases shall be constructed in the sequences indicated on the preliminary plat, Planned Unit Development Permit, and Conditions of Approval, provided that the Developer is not in default of this Agreement, and further provided that the Developer follow City subdivision and zoning ordinances with regard to the development of each phase. Section 2. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that as of the date of this Agreement the statements set forth in this section are true and correct. 2.01 . No Disability. The Developer is a duly organized Minnesota Corporation, authorized to do business in the State of Minnesota. 2.02. Ownership. The Developer is well seized in fee simple of the Property and has marketable title to the real estate described in the plat. 2.03. Execution No Violation. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party or by which it, or its property, is bound. S Page - 2 - 2.04. Litigation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.05. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 3. Developer's Undertakings. 3.01 . Easements. The Developer shall furnish to the City, upon request and without charge, all permanent and construction easements as designated in the plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developer and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the improvements to be constructed on the Property by the City, in form and content satisfactory to the City. 3.02. Consultant Fees and Charges. The Developer will pay to the City, when due, all consultant fees incurred by the City in behalf of or at the request of the Developer, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided, and will pay to the City, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to all portions of the Property when such fees or charges are incurred or become due. 3.03. Transfer of Project. Unless and until all bonds issued by the City to finance the improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developer shall not voluntarily sell, assign or transfer substantially all of its interest in the Project or any part thereof without the written consent of the City, which shall not be unreasonably withheld. Nothing herein shall prevent or apply to the sale, in the ordinary course of business, of lots to individual owners or contractors for the construction of residences, but such sale shall in no way affect or diminish the obligations of the Developer under this Agreement. 3.04. Park Dedication Requirement. The Park Dedication Requirement set forth in the Conditions of Approval shall Page - 3 - be satisfied as follows: A. Park Fee. Pay to the City the sum of $5,000.00 before the filing of the final plat of Phase Four. B. Park Land. On or before the recording of the final plat of Phase Four, the Developer shall execute and deliver to the City a deed in recordable form evidencing marketable title to all park land required to be dedicated pursuant to the Conditions of Approval. C. Well Site. Within sixty days after written notice from the Board of Water Commissioners of the City of Stillwater to the Developer that the site is required for the construction of a well and that construction is anticipated to begin within ninety days of the notice, the Developer shall execute and deliver to the City a deed in recordable form evidencing marketable title to the well site as defined in the Conditions of Approval. D. Security. As security to the City that the land dedication will be made, the Developer agrees to deposit with the City sums that, in total, will be equal to the value of the park land required to be dedicated. The sums will be deposited as follows: Phase Amount Time Phase One $13,750.00 Before filing the final plat of Phase One Phase Two $13 ,750.00 Before filing the • final plat of Phase Two Phase Three $13 ,750.00 Before filing the final plat of Phase Three This money shall be held in trust by the City and shall be invested by the City in an interest bearing account. In the event that the deed to the park land described in Section 3.04(B) is given to the City in fulfillment of that obligation, the funds held in trust shall be returned to the Developer, together with the interest earnings thereon. Then this condition requiring security shall no longer be in effect. • • Page - 4 - If, however, the Developer is in default as defined in this Agreement, any sums held in trust pursuant to this condition shall become the property of the City free from any claims of the Developer, to be used by the City for the sole purpose of completing the acquisition and dedication of the park land required to be dedicated pursuant to Section 3.04(B) . The Developer shall, however, have the option of satisfying the Security requirement by Letter or Letters of Credit or Credits in the amounts above stated that will allow the City to draw upon each letter in an event of default. To be effective, each letter must be approved by the City Attorney and filed with the City Clerk. Section 4. City's Undertakings. 4.01 . Public Improvements; Plans, Specifications; Bids. Upon request by the Developer, and provided that the Developer is not in default of this Agreement, the City Council will authorize the consulting engineer to prepare plans and specifications for each separate phase, in sequence. The sanitary sewer, water system, storm sewer and street improvements described in the plans and specifications and any modifications or additions duly made by change order, add-on, or add-alternate, are hereinafter referred to as the "Improvements. " 4.02. Order of Improvements; Award of Contracts. The Developer will request the City Council to order the construction ,of Improvement No. in sequential phases, to enter into contracts for the construction of • the Improvements, and to pay and finance the cost thereof as hers.linafter provided. The City is willing to take this action, subject to the requirements of this Agreement. 4.03. Improvement No. . The City will order the construction of Local Improvement No. in accordance with law, and shall forthwith award and enter into a contracts for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contracts therefore as are recommended by the consulting engineer and are deemed necessary or desirable by the City. 4.04. Financing. The City shall sell and issue its General Obligation Improvement Bonds, pursuant to Page - 5 - Minnesota Statutes, Chapter 429, in an amount sufficient with all moneys available and appropriated for the purpose, to finance its obligations hereunder. 4.05. Building Permits. The City agrees to allow the Developer to begin construction of four dwelling houses on specific lots within the development even though the public utilities have not been completed. The Developer agrees that it shall be solely responsible for setting elevations and placement on these houses and hereby releases and hold the City harmless from any damage associated therewith. The Developer also agrees that this construction will be done in a manner that will not interfere with the construction of the public utilities. The City agrees to issue building permits for this construction; however, the Developer warrants that no occupancy will be made of these houses until a Certificate of Occupancy for each house is issued by the City. Section 5. Cost Recovery. 5.01. Cost of Improvements. For the purposes of this Agreement and all proceedings and actions taken by the City Council hereunder with respect to Improvement No. • , the Developer and the City acknowledge and agree • that the cost of the Improvements shall include all associated project costs. Upon completion of the work and payment of all costs of the Improvements, the City shall compute the actual cost of the Improvements and the amount thereof allocable to the Property, and shall furnish the same to the Developer, together with the calculations made by the City to arrive at such amounts. The City Coordinator shall thereafter provide to the Developer all such further information and documents as are requested by it in order to verify such costs and computations. 5.02. Levy of Special Assessments; Procedure. Not less than 45 days after the City has furnished its computations to the Developer, the City may levy special assessments with respect to the Improvements on the Property, in the manner specified in Minnesota Statutes, Section 429.061. 5.03. Special Assessments; Amount and Allocation. The amount of the special assessments levied on the Property as a whole shall be based upon the actual cost of the Improvements insofar as available and on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the City. The amount of such cost to be allocated to and specially assessed against the Property as a whole shall be determined in accordance with the Feasibility Report which S Page - 6 - may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Improvements. The Developer agrees that allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Property as a whole, which are equal to or less than the special benefit accruing to the Property from the Improvements. The Developer expressly waives the right to object to the assessment proposal to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developer expects to receive from the development of the Property. Section 6. Additional Security. 6.01. Payment of Estimated Assessments. Upon the sale or transfer of any lot or parcel of the Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the Developer shall pay to the City Treasurer, or to an escrow agent approved by the City for payment to the City when due, an amount equal to 110% of the amount of the special assessments which would be levied on such lot or parcel based upon the estimated cost of the Improvements and the estimated assessments as determined by the City. 6.02. Guarantor. The Developer expects to benefit from the execution and performance of this Agreement. In consideration of such anticipated benefit, the Developers guaranty the performance of the Developers' obligations hereunder. The City Treasurer, and if necessary the City Attorney, shall undertake to collect the money needed to meet such obligations from any one or more of the Guarantors. Section 7. Events of Default. The following shall be events of default under this Agreement: A. Failure of the Developer to pay when due any real estate taxes and special assessments duly levied by the appropriate taxing jurisdictions. B. Failure by the Developer to secure final plan approval or zoning and subdivision approval from the City of Stillwater for any phase of the Development. Page - 7 - C. Failure of the Developer to meet any condition of approval set by the City Council with regard to planning, zoning or subdivision approval. D. The failure to meet any condition of this Agreement. Section 8. Remedies on Default. When an event of default occurs, the City may take one or more of the following actions: A. Suspend its performance under this Agreement. B. Withhold any Certificate of Completion. C. Terminate the Agreement, thereby rendering void any covenants, promises or approvals contained in this Agreement. D. Take whatever action, including legal, equitable or administrative, necessary to protect the City, including the right of the City to collect any unpaid public costs associated with the project by certifying the total of such costs in the year in which they are due to the County Auditor for collection with the real estate taxes. E. Take possession of any funds held in trust pursuant to Section 3.04(D) , or draw upon a Letter of Credit provided pursuant to that section. Section 9. Administrative Provisions. 9.01 . Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given, and shall be deemed given, when delivered or deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: City of Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 If to Developer: S Page - 8 - S The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 9.02. Severability. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding • shall not invalidate or render unenforceable any other provisions hereof. • • • Page - 9 - IN WITNESS WHEREOF, The City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER: (SEAL) BY: Wally Abrahamson, Mayor and Mary Lou Johnson, City Clerk DEVELOPER: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 1991 , before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of • the City. Notary Public • STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 1991 , before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that they are named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public Page - 10 - VGfI'I:IIVn•I'.tl. 'V.a s.v:v6;�:r•,� n 4•BAARETT M.STACK 1 • STILLWATER,MILAN:53082 ';, i ''•MINNESOTA REGISTERED . • LAND SURVEYOR . •• 9 •Tel.No.439-5630• ,'• .. JOB NOt None . • 'SURVEY MADEEXCLUSIVELY FOR, The Estate of Gilbert Benson, c/o Mr. Jeff Benson, Stillwater, Minnesota,-55082 DESCRIPTION, Description of remainder of Gilbert Benson Farm to be annexed into the City of Stillwater, Minnesota. .,(presently in Stillwater •Township) ' All that part of the Northeast Quarter of Section 32, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: ".— Beginning at the northwesterly corner of Lot 1, Block 3 of the recorded plat of BENSON'S ADDITION, Washington County, Minnesota, thence on a recorded bearing of South 00 degrees 37 minutes 00 seconds West along the westerly line of said Lot 1, Block 3, a distance of 114.84 feet, more or less, to the northerly line of that particular parcel as described in Book 253 of Deeds, Page 137, in the office of the County Recorder of said Washington County, Minnesota; thence South 89 degrees 46 minutes 01 seconds'East along • said northerly line 168.71 feet, more or less, to the northeast corner thereof; `thence South 00 degrees 41 minutes 59 seconds West along the easterly line of said parcel 100.00 feet.to the southeast corner thereof; thence North 89 degrees.46'minutes 01 seconds West along the southerly line of said parcel 168.57 feet, more or less, to the northwesterly corner of Lot 1, Block 4, of said BENSON'S ADDITION; thence South 00 degrees 37 minutes 00 seconds West along the westerly line of said Block 4 a distance of 143.47 feet to an angle' point in the westerly line of said Block'4; thence South 22 degrees 21 minutes 56 seconds East along said westerly line of Block 4 a distance of 262.58 feet to the southwest corner thereof; thence North 67 degrees 38 minutes 04 seconds East along the southerly line of said Block 4 and along the southerly line of platted Pine Tree Trail 200.00 feet • to the northwesterly corner•of Lot 1; Block 2 of said,BENSON'S ADDITION; thence South 22 • degrees 21 minutes 56 seconds East along the westerly line of said Lot 1 a distance of 100.00 feet to the southwest corner thereof; thence North 67 degrees 38 minutes 04 seconds • East along the southerly line of said Block 2 a distance of 149.86 feet to the most westerly corner of Lot 3 of said Block 2; thence South 25 degrees 36 minutes 56 seconds East along the westerly line of said Block 2 a distance of 140.00 feet to the most southerly corner thereof; thence North 64 degrees '23 minutes 04 seconds East along the • southerly line of said Block 2 a distance of 145.00 feet to the most easterly corner thereof; thence South 25 degrees 36 minutes 56 seconds East along the westerly line of said platted Pine Tree Trail 111.38 feet to the southwest corner thereof; thence North 64 degrees 23 minutes 04 seconds East along the southerly line of said platted Pine Tree Trail 60.00 .. feet to the southeast corner thereof; thence.North 25 degrees.36 minutes 56 seconds West . along the easterly line of said platted Pine Tree Trail 33.90 feet to the southwesterly corner of Lot 8, Block 1, of said BENSON'S ADDITION; thence North 64 degrees 23 minutes 04 seconds East along the southerly line of said Lot 8 a distance of 20.00 feet; thence ID North 83 degrees 55 minutes 24 seconds East along said southerly line 11.52 feet, more or less, to the southwesterly limits of the City of Stillwater as established in 1922 and described in Book 93 of Deeds, Pages 574 and 575 in said office of the County Recorder; thence southeasterly along said southwesterly limits of the City of Stillwater as established in 1922, to the easterly line of said Northeast Quarter; thence southerly along said easterly line of the Northeast Quarter 1.99 feet, more or less, to the northeasterly corner of that particular parcel as described in Book Z of Deeds, Page 328 in said office of the County Recorder, said northeasterly corner being 528.00 feet northerly of'the southeast corner of said Northeast Quarter; thence westerly along the northerly line of • said parcel described in Book Z of Deeds, Page 328, to the northwesterly corner thereof; thence southerly, southwesterly and westerly• along the westerly and northwesterly line of' said parcel described in Book Z of Deeds, Page 328, to the southwesterly corner thereof, said s y being P outhwesterl . corner bean a point on the southerly line of said Northeast Quarter; . thence westerly along said southerly iine•of the Northeast'Quarter to the southwest corner thereof; thence North 01 deg r ee 01 minutes 30 seconds West along the westerly line of said Northeast Quarter 1150.37 feet, more or less, to the southwesterly corner of that particular parcel as described in Book 260 of Deeds, Page' 348 in said office of County Recorder, said southwesterly corner being 1489.80 feet southerly of the northwest corner of said North- • east Quarter; thence North 88 degrees 56 minutes 30 seconds East along the southerly line of said parcel 400.00 feet to the southeast corner thereof; -thence North 01 degree 01 minutes 30 seconds West along the easterly line of said parcel 1255.60 feet to the northeast corner thereof; thence South 89 degrees 07 minutes 00 seconds West along the northerly line of said parcel 159.10 feet, more or less, to the easterly line of that particular parcel as described in Book 206 of Deeds, Page 608 in said office of the County Recorder; thence North 01 degrees 01 minutes 30 seconds West along said easterly line 126.56 feet, more or . less, to the northeasterly corner thereof; thence North 89 degrees 22 minutes 01 seconds West along the northerly line of said parcel 50.00 feet to an angle point in the northeasterly line thereof; thence North 01. degree 01 minutes 30 seconds West along the easterly line of parcel described in Book 206 of Deeds, Page 608, a distance of 100 feet,.more or less, to the northeast corner thereof, 'said northeasterly corner being a point on the northerly line of said Northeast Quarter whidh is' 191.00 feet easterly of the northwest corner thereof; thence South 89 degrees 22 minutes 01 seconds East along said northerly line 503.19 feet, more or less, to a point 1939.08 feet westerly, as measured along said northerly line, 'from the northeast corner of said Northeast Quarter; I h•rehv cntiry that this tIIIT ,t•t+n, or retmtt was II . Exhibit "A" Page One BARRETT M.STACK • • ; EXHIBIT "B" REVISED FEBRUARY 5, 1991 CONDITIONS OF APPROVAL 1. The grading plan for Phase VI construction shall show all trees six inches in diameter or greater, affect of grading on trees and fill for lots sixteen and seventeen to conform to adjacent natural contours. The plan shall not disturb steeply sloped areas, minimize tree removal and provide for temporary drainage and erosion control . This condition will be reviewed when issuing the grading permit. 2. The 8.75 acre homeowners association parcel located next to Lily Lake in Phase VI shall be maintained in its natural condition. No structures other than a temporary dock, walkway, or stairways is allowed in the area. The natural vegetation shall be maintained. This may be accomplished by a deed restriction, conservation easement or restrictive convenant. 3. A .5 acre in lieu park dedication fee shall be paid by the Developer before the Fourth Phase final plat is recorded. 4. The west 150 feet of the neighborhood park site shall be deeded to the City by the Developer within sixty days of receiving a written request from the City or with Phase IV final platting, whichever occurs first. The City shall begin construction of the water project within ninety days of receiving the deed for the property. 5. The neighborhood park shall be designated on the preliminary plat for neighborhood park use and be deeded to the City before Phase IV final plat recording. With the final platting of Phases I , II, and III, the representative value of the land, shall be deposited in a security account . that can be drawn on by the City to purchase the neighborhood park site. An easement or option shall be placed on the neighborhood park land establishing its value and availability for City park purchase. 6. a. A minimum twenty foot pedestrian easement connecting the project to Lily Lake Elementary School shall be recorded as a part of Phase III final platting. The Developer shall pave a six feet pedestrian walkway connecting the cul de sac to the school site b. A twenty five f:1ot utility/emergency access/pedestrian easement shall be provided connecting the project to Pine Tree Trail . As a part of Phase IV platting and development, a twelve foot all weather surface and breakway gate, as approved by the Fire Chief, shall be improved by the Developer. 7. West Orleans shall be constructed to the Phase I east project boundary as part of Phase I and extended from that point east to Curve Crest Blvd. as a part of Phase IV. As a part of Phase I construction, utilities shall be extended east beyond the road improvements as required by the Water Department. 8. The grading of the site shall be phased as designated on the preliminary plat to minimize site disturbance. Grading permits are required for each phase of construction. 9. The landscaping buffer shown on the landscape plan located along the north side of Orleans Street shall be planted before completion and occupancy of any dwelling unit in Phase I and Phase IV and V respectively. The landscaping shall be maintained by the Property Owner in a healthy condition or replaced. 10. Tne required sideyard setback requirement for lots of less than sixty five feet at the frontyard setback line shall be five feet. (All other setbacks shall meet single family residential R-A standards. ) ' 11. A Phase I environmental assessment shall be performed on this site and recommendation implemented as approved by the City of Stillwater. 12. A temporary graded and gravel surface walkway shall be constructed from Phase I development area to Lily Lake School . 13. Typical residential development plans for each phase of development shall be reviewed and approved by the Planning Commission and City Council before final platting of that phase to assure design variety and compatibility of the overall project. 14. Sewage from 15 lots maximum may be directed to the Brick Street Lift Station. 15. The Developer shall be required to notify the prospective buyers of lots adjacent to West Orleans Street of the future industrial development of land across the street to the south. 16. The hammer head improvement at the end of Pine Tree Trail shall be constructed by the Developer as approved by the City Engineer as a part of Phase I development. 17. The connecting water loop to Pine Tree Trail shall be constructed by the Developer as a part of Phase IV development. 1 . ' Exhibit "C" - i , ' IM;I I i 1 1 �, T . _ I � 1 • t �.1 » .. . re ,.. 11aoSLi » - M (.'it-.� ~•`�+h'� I I I,• I L . +i $ S Y\d 7 d; 2 2 , a ;! i i j• ,I $t,si+AUiii= ' ' ++{5j�;0� t..' .. I ' .. i . ,1:,__......... .. . '. ... ,, ..I i a,(11!1.. ,11,1;;A‘„,,,44.3%,... .• • ! t‘‘'‘:)?‘ 7 'tit i + i s . � s. g ' S a . � \ ' \jd l+� +`'/ ; . ---•1 i's a Li_It 9 Y y r4 a,AI_,3+r1�, \' 'Pi } "1,., .\ , tl.t.\ `'�.i-- t !• .. .. » ro-•.. -.. ", fir•'•'•'" \ 1 + :y,, 144•, Z ;\I M1 •1, . �_ii`-1' s, '�`• . li . , ., s • v•_!a i x �a-il�- `n y_ I _�N a'- / -a `` ,"'Ass- \ .1•-`�../ ,./Yp'•1✓. r�M.I' -.'2' w I "'=-- \..#7 ;. % -.---‘...e \ .--.L4 ..1 -. I rit • I . "• t, „ • ;sc., aE• • ,, , • _-_;,...14.4-,.,s;• 0:21./...../....,..j . ....s ,s.- c Tr 4 it . ,,_ , ....,... \:,,.°G ;.. „.../ ‘ J__ii • , , . \ 1 : . ,-\,...,.,- \;..s. .‘g 4 ., .:,..# rf'• r•St V.0 • k''',.,.■ 1. ,(' 4,2 * 'PI .••■1.:r ,1 4‘. 4\--- 1 \\v 2 o s• • . 1g \. .—0,3—\ ,)______,7____I s...., 4...e.). 4,7 1 . '..-....,12.:;i # e,' ''., •, .„.,. .,...„. , • ... , \ ', _I \ I • a s ' y J/ !o-i i t •�. . s . . i.>.' » ,F,• • 'C i ` !7`a. i %-��11J •1'as , /i Y //: Io \ , , J,? 1 .1 s ,r x . o ! 't r a r a .44:',' - a %-b...... r ' n (Its N' "'•``.—_x— \a . \ s s !" ' { , fro as a�jy %a �a .1. a , • =.� .33 F g •I\ 1,a . ....„ \ ...........k.'' g I 1 # ° a .8ia ;i s i s 1 S,�'. ; .a 1 s 7'•/ a •! . ;' •• goy %%naj i 1'�b • 7 ;:. ... , i. • I -. 1 i el. V.!. • 0 • • , .P • EXHIBIT "D" CONSENT OF MORTGAGEES The undersigned, being all of the mortgagees interested in the real estate described in the Exhibit "A" to a Development Agreement dated the day of , 1991 , between the City of Stillwater and Ground Development, Inc. , hereby consent to the Development Agreement, including the provisions of Section 3.04 relating to the dedication of land. This consent is freely given this day of March, 1991 . • . STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of February, 1991 , before me, a Notary Public in and for said County, appeared tome, personally known, who, being by me duly sworn, did say that they are and mortgagees named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public This instrument drafted by: David T. Magnuson Magnuson & Moberg 324 South Main Street Stillwater, MN 55082 411 Third Draft: March 4, 1991 DEVELOPMENT AGREEMENT RELATING TO THE HIGHLANDS OF STILLWATER BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND GROUND DEVELOPMENT, INC. , i A MINNESOTA CORPORATION This agreement was drafted by: David T. Magnuson Magnuson & Moberg The Grand Garage 324 South Main Street Stillwater, Minnesota 55082 • 4 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991 , by and between the CITY OF STILLWATER, a municipal corporation, and political subdivision of the State of Minnesota, (hereinafter called the "City" ) , and GROUND DEVELOPMENT, INC. , a Minnesota Corporation (hereinafter called the "Developer" ) ; WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1 .01 . The Property. The Developer now owns the Property described in the attached Exhibit "A", (the "Property" ) , which comprises 88.5 acres located in the proposed plat of the Highlands of Stillwater, Town of Stillwater, Washington County, Minnesota. 1 .02. Annexation. The Developer has requested that the City annex the property and the City is willing to take this action subject to the requirements and conditions set forth in this Agreement. 1 .03. Subdivision. The Developer has made application • to the City under the City zoning ordinance and its subdivision ordinance for approval to subdivide and develop the property as for single-family residential uses. The Planning Commission and the City Council have reviewed the application in accordance with Minnesota law, the City Charter, and ordinances and have given preliminary approval to the development, as set forth in Case No. PUD/90-84 and SUB/90-83, subject to all Conditions of Approval, attached as Exhibit "B" (the "Conditions of Approval") . 1 .04. The Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property single family homes, and to dedicate certain lands to the City as needed for street right-of-way, utilities and parks, and to declare by restrictive covenant that certain land be devoted to common open space used for the benefit of homeowners within the project, all as set forth in this Agreement. 1 .05. Public Improvements. The Developer has requested that the City construct all street, storm sewer, sanitary sewer and water system improvements necessary 111 to serve the Project. Page - 1 - The City is willing to take such action, subject to the requirements and conditions set forth in this Agreement. These Improvements will be known as Local Improvement No. , Phases One through Six. 1 .06. Phase One. Phase One shall include the construction of Orleans Street to the Westerly line of Lot 23, Block 7; however, the water main shall be extended to a point thirty feet Easterly of the East property line of Lot 23 in order that water service can be made available to the city park. Two North/South streets will be constructed from Orleans Street to the Northerly boundaries of Lot 22, Block 9 and from Orleans Street to the Northerly boundary of Lot 24, Block 8. The cul-de-sac within Block 7 shall be constructed. This construction is the same as outlined in the preliminary plat of Highlands of Stillwater given preliminary approval on January 29, 1991 as set forth in Exhibit C. In addition to the construction of these streets, sewer and water main extentions and services shall be installed to the lot line of each lot as shown on the final plat of each phase. 1 .07. Future Phases. Future phases shall be constructed in the sequences indicated on the • preliminary plat, Planned Unit Development Permit, and Conditions of Approval, provided that the Developer is not in default of this Agreement, and further provided that the Developer follow City subdivision and zoning ordinances with regard to the development of each phase. Section 2. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that as of the date of this Agreement the statements set forth in this section are true and correct. 2.01 . No Disability. The Developer is a duly organized Minnesota Corporation, authorized to do business in the State of Minnesota. 2.02. Ownership. The Developer is well seized in fee simple of the Property and has marketable title to the real estate described in the plat. 2.03. Execution No Violation. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party or by which it, or its ro ert is bound. P P Y► s Page - 2 - 2.04. Litigation. There are no pending or, to the • knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.05. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 3. Developer's Undertakings. 3.01 . Easements. The Developer shall furnish to the City, upon request and without charge, all permanent and construction easements as designated in the plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developer and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the improvements to be constructed on the Property by the City, in form and content satisfactory to the City. 3.02. Consultant Fees and Charges. The Developer will pay to the City, when due, all consultant fees incurred by the City in behalf of or at the request of the Developer, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided, and will pay to the City, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to all portions of the Property when such fees or charges are incurred or become due. 3.03. Transfer of Project. Unless and until all bonds issued by the City to finance the improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developer shall not voluntarily sell, assign or transfer substantially all of its interest in the Project or any part thereof without the written consent of the City, which shall not be unreasonably withheld. Nothing herein shall prevent or apply to the sale, in the ordinary course of business, of lots to individual owners or contractors for the construction of residences, but such sale shall in no way affect or diminish the obligations of the Developer under this Agreement. 3.04. Park Dedication Requirement. The Park Dedication Requirement set forth in the Conditions of Approval shall Page - 3 - be satisfied as follows: A. Park Fee. Pay to the City the sum of $5,000.00 before the filing of the final plat of Phase One. B. Park Land. On or before the recording of the final plat of Phase Four, the Developer shall execute and deliver to the City a deed in recordable form evidencing marketable title to all park land required to be dedicated pursuant to the Conditions of Approval. C. Well Site. Within sixty days after written notice from the Board of Water Commissioners of the City of Stillwater to the Developer that the site is required for the construction of a well and that construction is anticipated to begin within ninety days of the notice, the Developer shall execute and deliver to the City a deed in recordable form evidencing marketable title to the well site as defined in the Conditions of Approval. D. Security. As security to the City that the land dedication will be made, the Developer agrees to deposit with the City sums that, in total, will be equal to the value of the park land required to be dedicated. The sums will be deposited as follows: Phase Amount Time Phase One $13 ,750.00 Before filing the final plat of Phase One Phase Two $13 ,750.00 Before filing the final plat of Phase Two Phase Three $13,750 .00 Before filing the final plat of Phase Three This money shall be held in trust by the City and shall be invested by the City in an interest bearing account. In the event that the deed to the park land described in Section 3.04(B) is given to the City in fulfillment of that obligation, the funds held in trust shall be returned to the Developer, together with the interest earnings thereon. Then this condition requiring security shall no longer be in effect. • Page - 4 - If, however, the Developer is in default as defined in this Agreement, any sums held in trust pursuant to this condition shall become the property of the City free from any claims of the Developer, to be used by the City for the sole purpose of completing the acquisition and dedication of the park land required to be dedicated pursuant to Section 3.04(B) . Section 4. City's Undertakings. 4.01 . Public Improvements; Plans, Specifications; Bids. Upon request by the Developer, and provided that the Developer is not in default of this Agreement, the City Council will authorize the consulting engineer to prepare plans and specifications for each separate phase, in sequence. The sanitary sewer, water system, storm sewer and street improvements described in the plans and specifications and any modifications or additions duly made by change order, add-on, or add-alternate, are hereinafter referred to as the "Improvements. " 4.02. Order of Improvements; Award of Contracts. The Developer will request the City Council to order the construction of Improvement No. in sequential phases, to enter into contracts for the construction of the Improvements, and to pay and finance the cost thereof as hereinafter provided. The City is willing to take this action, subject to the requirements of this Agreement. 4.03. Improvement No. . The City will order the construction of Local Improvement No. in accordance with law, and shall forthwith award and enter into a contracts for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contracts therefore as are recommended by the consulting engineer and are deemed necessary or desirable by the City. 4.04. Financing. The City shall sell and issue its General Obligation Improvement Bonds, pursuant to Minnesota Statutes, Chapter 429, in an amount sufficient with all moneys available and appropriated for the purpose, to finance its obligations hereunder. i Page - 5 - • Section 5. Cost Recovery. 5.01. Cost of Improvements. For the purposes of this Agreement and all proceedings and actions taken by the City Council hereunder with respect to Improvement No. , the Developer and the City acknowledge and agree that the cost of the Improvements shall include all associated project costs. Upon completion of the work and payment of all costs of the Improvements, the City shall compute the actual cost of the Improvements and the amount thereof allocable to the Property, and shall furnish the same to the Developer, together with the calculations made by the City to arrive at such amounts. The City Coordinator shall thereafter provide to the Developer all such further information and documents as are requested by it in order to verify such costs and computations. 5.02. Levy of Special Assessments; Procedure. Not less than 45 days after the City has furnished its computations to the Developer, the City may levy special assessments with respect to the Improvements on the Property, in the manner specified in Minnesota Statutes, Section 429.061. 5.03. Special Assessments; Amount and Allocation. The amount of the special assessments levied on the Property • as a whole shall be based upon the actual cost of the Improvements insofar as available and on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the City. The amount of such cost to be allocated to and specially assessed against the Property as a whole shall be determined in accordance with the Feasibility Report which may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Improvements. The Developer agrees that allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Property as a whole, which are equal to or less than the special benefit accruing to the Property from the Improvements. The Developer expressly waives the right to object to the assessment proposal to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developer expects to receive from the development of the Property. • Page - 6 - Section 6. Additional Security. 6.01. Payment of Estimated Assessments. Upon the sale or transfer of any lot or parcel of the Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the Developer shall pay to the City Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on such lot or parcel based upon the Estimated Cost of the Improvements and the estimated assessments as determined by the City. 6.02. Guarantor. The Developer expects to benefit from the execution and performance of this Agreement. In consideration of such anticipated benefit, the Developers guaranty the performance of the Developers' obligations hereunder. The City Treasurer, and if necessary the City Attorney, shall undertake to collect the money needed to meet such obligations from any one or more of the Guarantors. Section 7. Events of Default. The following shall be events of default under this Agreement: A. Failure of the Developer to pay when due any real estate taxes and special assessments duly levied by the appropriate taxing jurisdictions. B. Failure by the Developer to secure final plan approval or zoning and subdivision approval from the City of Stillwater for any phase of the Development. C. Failure of the Developer to meet any condition of approval set by the City Council with regard to planning, zoning or subdivision approval. D. The failure to meet any condition of this Agreement. Section 8. Remedies on Default. When an event of default occurs, the City may take one or more of the following actions: A. Suspend its performance under this Agreement. B. Withhold any Certificate of Completion. C. Terminate the Agreement, thereby rendering void any covenants, promises or approvals contained in this Agreement. Page - 7 - a I D. Take whatever action, including legal, equitable or administrative, necessary to protect the City, including the right of the City to collect any unpaid public costs associated with the project by certifying the total of such costs in the year in which they are due to the County Auditor for collection with the real estate taxes. E. Take possession of any funds held in trust pursuant to Section 3.04 (D) . Section 9. Administrative Provisions. 9.01 . Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given, and shall be deemed given, when delivered or deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: City of Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 If to Developer: The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 9.02. Severability. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Page - 8 - s . n IN WITNESS WHEREOF, The City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER: (SEAL) BY: Wally Abrahamson, Mayor and Mary Lou Johnson, City Clerk DEVELOPER: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 1991 , before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 1991 , before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that they are named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public Page - 9 - CERTIFICATE O.F k•S:U•RV'EY• .` `J v. BARRETT M.STACK . STILLWATER.MINN.'SS082 1 MINNESOTA REGISTERED • • LAND SURVEYOR . • 3 Tel.No.439-5630• • ' 4111 . JOB N0, None • SURVEY MADE EXCLUSIVELY FOR, The Estate of Gilbert Benson, c/o Mr. Jeff Benson, Stillwater, Minnesota' 55082 • DESCRIPTION, Description of remainder of Gilbert Benson Farm to be annexed into the City of Stillwater, Minnesota. ..(presently in Stillwater .Township) All that part of the Northeast Quarter of Section 32, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows:' •' - Beginning at the northwesterly corner of Lot 1, Block 3 of the recorded plat of BENSON'S ADDITION, Washington County, Minnesota, thence on a recorded bearing of South 00 degrees 37 minutes 00 seconds West along the westerly line of said Lot 1, Block 3, a distance of 114.84 feet, more or less, to the northerly line of that particular parcel as described in Book 253 of Deeds, Page 137, •in the office of the County Recorder of said Washington County, Minnesota; thence South 89 degrees 46 minutes 01 seconds'East along said northerly line 168.71 feet, more or less, to the northeast corner thereof; thence South 00 degrees 41 minutes 59 seconds West along the easterly line of said parcel 100.00 feet.to the southeast corner thereof; thence North 89 degrees 46 minutes 01 seconds West along the southerly line of said parcel 168.57 feet, more or less, to the northwesterly corner of Lot 1, Block 4, of said BENSON'S ADDITION; thence South 00 degrees 37 minutes 00 seconds West along the westerly line of said Block 4 a distance of 143.47 feet to an angle' point in the westerly line of said Block•4; thence South 22 degrees 21 minutes 56 seconds East along said westerly line of Block 4 a distance of 262.58 feet to the southwest corner thereof; thence North 67 degrees 38 minutes 04 seconds East along the southerly line of said Block 4 and along the southerly line of platted Pine Tree Trail 200.00 feet to the northwesterly corner'of Lot 1, Block 2 of said .BENSON'S ADDITION; thence South 22 - . degrees 21 minutes 56 seconds East along the westerly line of said Lot 1 a distance of . 100.00 feet to the southwest corner thereof; thence North 67 degrees 38 minutes 04 seconds East along the southerly line of said Block 2 a distance of 149.86 feet to the most westerly corner of Lot 3 of said Block 2; thence South 25 degrees 36 minutes 56 seconds East along the westerly line of said Block 2 a distance of-140.00 feet to the most southerly corner thereof; thence North 64 degrees '23 minutes 04 seconds East along the . . southerly line of said Block 2 a distance of 145.00 feet to the most easterly corner thereof; thence South 25 degrees 36 minutes 56 seconds East along the westerly line of said platted Pine Tree Trail 111.38 feet to the southwest corner thereof; thence North 64 degrees 23 minutes 04 seconds East along the southerly. line of said platted' Pine Tree Trail 60.00 ...... feet to the southeast corner thereof; thence-North 25 degrees 36 minutes 56 seconds West along the easterly line of said platted Pine Tree Trail 33.90 feet to the southwesterly corner of Lot 8, Block 1, of said BENSON'S ADDITION; thence North 64 degrees 23 minutes • 04 seconds East along the southerly line of said Lot 8 a distance of 20.00 feet; thence North 83 degrees 55 minutes 24 seconds East along said'southerly line 11.52 feet, more or less, to the southwesterly limits of the City of Stillwater as established in 1922 and described in Book 93 of Deeds, Pages 574 and 575 in said office of the County Recorder; thence southeasterly along said southwesterly limits of the City of Stillwater as established in 1922, to the easterly line of said Northeast Quarter; thence southerly along said easterly line of the Northeast Quarter 1.99 feet, more or less, to the northeasterly corner of that particular parcel as described in Book Z of Deeds, Page 328 in said office of the County Recorder, said northeasterly corner being 528.00 feet northerly of'the southeast corner of said Northeast Quarter; thence westerly along the northerly line of • said parcel described in Book Z of Deeds, Page 328, to the northwesterly corner thereof; thence southerly, southwesterly and westerly• along the westerly and northwesterly line of said parcel described in Book Z of Deeds, Page 328, to the southwesterly corner thereof, said southwesterly corner being a point on the southerly line of said Northeast Quarter; thence westerly along said southerly line-of the Northeast Quarter to the southwest corner thereof; thence North 01 degree 01 minutes 30 seconds West along the westerly line of said Northeast Quarter 1150.37 feet, more or less, to the southwesterly corner of that particular parcel as described in Book 260 of Deeds, Page' 348 in said office of County Recorder, said southwesterly corner being 1489.80 feet southerly of the northwest corner of said North- east Quarter; thence North 88 degrees 56 minutes 30 seconds East along the southerly line of said parcel 400.00 feet to the southeast corner thereof; •thence North 01 degree 01 minutes 30 seconds West along the easterly line of said parcel 1255.60 feet to the northeast corner thereof; thence South 89 degrees 07 minutes 00 seconds West along the northerly line of said parcel 159.10 feet, more or less, to the easterly line of that particular parcel as described in Book 206 of Deeds, Page 608 in said office of the County Recorder; thence North 01 degrees 01 minutes 30 seconds West along said easterly line 126.56 feet, more or less, to the northeasterly corner .thereof; thence North 89 degrees 22 minutes 01 seconds West along the northerly line of said parcel 50.00 feet to an angle point in the northeasterly line thereof; thence North 01. degree 01 minutes 30 seconds West along the easterly line of parcel described in Book 206 of Deeds, Page 608, a distance of 100 feet,'.more or less, to the northeast corner thereof,-.said northeasterly corner being a point on the northerly line of said Northeast Quarter which is-'191.00 feet easterly of the northwest corner thereof; thence South 89 degrees 22 minutes 01 seconds East along said northerly line 503.19 feet, more or less, to a point 1939.08 feet westerly, as measured along said northerly line, from the northeast corner of said Northeast Quarter; . . , - ,, , I hereby certify that this arreet•. I•I+n,or rrp„rt yea. III Exhibit "A" Page One 1 CERTIFICATE OF .SURVEY , BARRETT M.STACK • STILLWATER,MINN. 55082 } MINNESOTA REGISTERED 7 LAND SURVEYOR ` Tel.No.439-5630 ' OBN01 None . URVEY MADE EXCLUSIVELY FOR1 The Estate of Gilbert Benson, c/o Mr. Jeff Benson, Stillwater, Minnesota 55082 IESCRIPTION1. .Description of remainder of Gilbert Benson Farm to be annexed into the • . . .City'of'Stillwater, MN. {continued from:Sheet 1 of.2:Sheets) • fence South 01 degree 13 minutes 23 seconds East parallel with said easterly line of the )rtheast Quarter 561.52 feet, more or less, to the northerly line of the recorded plat F SWAGER BROS. HILLTOP ADDITION, as the same is surveyed, monumented and occupied; fence North 89 degrees 07 minutes 11 seconds West along said northerly line and its 3sterly projection 17.74 feet, more or less, to the intersection with a northerly 'ojection of the westerly line of that particular parcel as described in Book 1 of leds, Page 217; thence South 00 degrees 37 minutes 59 seconds West along said projected ine and along said westerly line 63.83 feet, more or less, to the southwesterly corner ' said parcel; thence South 89 degrees 22 minutes 01 seconds East along the southerly ne of said parcel 124.60 feet, more or less, to the point of beginning. • . ccepting therefrom all •that part heretofore annexed to the City of Stillwater by 'dinance Number 545. • lsubject to easements and reservations of record. ' . Ibject to and together with any other valid easements,•reservations or restrictions. 'erall parcel to be annexed. contains 79-acres, more or less. • /TES: The above description includes the Earl H. and Arlene J. Benson parcel as described in Book 289 of Deeds, Page 525, office of the County Recorder of Washington County, f Minnesota. This parcel contains 0.7 acres, more or less: . The above description also-includes the Maxine Benson parcel as described in Book 253 of Deeds, Page 137, office of the County Recorder of Washington County, Minnesota. This parcel contains 1 acre; more or'.less. All of the above described parcels are subject to and benefited by easements of record. The overall annexation description is . intended to be used for the sole purpose of annexing that portion of the Gilbert Benson Farm presently in Stillwater Township, as well as the Earl and Arlene Benson parcel and the Maxine Benson parcel, into the City of Stillwater. Fee interests are-not defined by this annexation description. . 4111 . 1, • • • • I • I 1.....1.. ......f.. .1... .,.t. .... 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I 1 1 H .. • EXHIBIT "D" CONSENT OF MORTGAGEES The undersigned, being all of the mortgagees interested in the real estate described in the Exhibit "A" to a Development Agreement dated the day of , 1991 , between the City of Stillwater and Ground Development, Inc. , hereby consent to the Development Agreement, including the provisions of Section 3 .04 relating to the dedication of land. This consent is freely given this day of March, 1991 . STATE OF MINNESOTA ) a ss. COUNTY OF WASHINGTON ) On this day of February, 1991 , before me, a Notary Public in and for said County, appeared to me, personally known, who, being by me duly sworn, did say that they are and mortgagees named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public This instrument drafted by: David T. Magnuson Magnuson & Moberg 324 South Main Street Stillwater, MN 55082 EXHIBIT "B" REVISED FEBRUARY 5, 1991 CONDITIONS OF APPROVAL 1. The grading plan for Phase VI construction shall show all trees six inches in diameter or greater, affect of grading on trees and fill for lots sixteen and seventeen to conform to adjacent natural contours. The plan shall not disturb steeply sloped areas, minimize tree removal and provide for temporary drainage and erosion control . This condition will be reviewed when issuing the grading permit. 2. The 8.75 acre homeowners association parcel located next to Lily Lake in Phase VI shall be maintained in its natural condition. No structures other than a temporary dock, walkway, or stairways is allowed in the area. The natural vegetation shall be maintained. This may be accomplished by a deed restriction, conservation easement or restrictive convenant. 3. A .5 acre in lieu park dedication fee shall be paid by the Developer before the First Phase final plat is recorded. 4. The west 150 feet of the neighborhood park site shall be deeded to the City by the Developer within sixty days of receiving a written request from the City or with Phase IV final platting, whichever occurs first. 5. The neighborhood park shall be designated on the preliminary plat for neighborhood park use and be deeded to the City before Phase IV final plat recording. With the final platting of Phases I, II, and III, the representative value of the land, shall be deposited in a security account that can be drawn on by the City to purchase the neighborhood park site. An easement or option shall be placed on the neighborhood park land establishing its value and availability for City park purchase. 6. a. A minimum twenty foot pedestrian easement connecting the project to Lily Lake Elementary School shall be recorded as a part of Phase III final platting. The Developer shall pave a six feet pedestrian walkway connecting the cul de sac to the school site b. A twenty five foot utility/emergency access/pedestrian easement shall be provided connecting the project to Pine Tree Trail . As a part of Phase IV platting and development, a twelve foot all weather surface and breakway gate, as approved by the Fire Chief, shall be improved by the Developer. 7. West Orleans shall be constructed to the Phase I east project boundary as part of Phase I and extended from that point east to Curve Crest Blvd. as a part of Phase IV. As a part of Phase I construction, utilities shall be extended east beyond the road improvements as required by the Water Department. 8. The grading of the site shall be phased as designated on the preliminary plat to minimize site disturbance. Grading permits are required for each phase of construction. 9. The landscaping buffer shown on the landscape plan located along the north side of Orleans Street shall be planted before completion and occupancy of any dwelling unit in Phase I and Phase IV and V respectively. The landscaping shall be maintained by the Property Owner in a healthy condition or replaced. 10. The required sideyard setback requirement for lots of less than sixty five feet at the frontyard setback line shall be five feet. (All other setbacks shall meet single family residential R-A standards. ) 11. A Phase I environmental assessment shall be performed on this site and recommendation implemented as approved by the City of Stillwater. 12. A temporary graded and gravel surface walkway shall be constructed from Phase I development area to Lily Lake School . 13. Typical residential development plans for each phase of development shall be reviewed and approved by the Planning Commission and City Council before final platting of that phase to assure design variety and compatibility of the overall project. 14. Sewage from 15 lots maximum may be directed to the Brick Street Lift Station. 15. The Developer shall be required to notify the prospective buyers of lots adjacent to West Orleans Street of the future industrial development of land across the street to the south. MAGNUSON & MOBERG ATTORNEYS AT LAW s - THE GRAND GARAGE&GALLERY 324 SOUTH MAIN STREET STILLWATER,MN 53082 David T.Magnuson Telephone: (612)439-9464 James L Moberg Telecopier: (612)439-5641 • February 25, 1 9 91 Ms. Mary Lou Johnson Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mary Lou: The enclosed Resolution is necessary to ensure that Maxine Benson' s property is part of the rural taxing district as promised in a Development Agreement between Maxine and the City. Call me if there are any questions. Yours very truly, )4"--t David T. Mag uson ■ DTM/cs . cc: Diane Deblon Enclosure III RESOLUTION NO. WHEREAS, on the 19th of February, 1991 , the City Council adopted an Ordinance that annexed land owned by Maxine Benson containing approximately one acre as described in Book 253 of Deeds, Page 137 and; WHEREAS, this parcel was annexed along with a larger parcel containing 79 acres and; WHEREAS, the City has an Agreement with Maxine Benson that under certain conditions, her land will remain in the rural taxing district as set forth in Chapter 56 of the Stillwater City Code and; NOW THEREFORE, BE IT RESOLVED: THAT the land of Maxine Benson, being part of the Northeast quarter of Section 32 , Township 30, Range 20 West, described in Book 253 of Deeds, Page 137 and described as Washington County property number 95032-2450 be and the same is hereby designated as part of the rural taxing district subject to the terms and conditions of Chapter 56 of the Stillwater City Code. Adopted by the Stillwater City Council this day of February, 1991 . Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk jter• THE BIRTHPLACE OF MINNESOTA • MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 1, 1991 SUBJECT: FINAL PLAT APPROVAL FOR OAK GLEN TENTH ADDITION The request is for Final Plat Approval for the Oak Glen Tenth Addition plat. The lots meet the Single Family Residential Zoning Requirements ranging in size from 17,561 square feet to 14,300 square feet (10,000 required) . The streets and utilities are in and the City Engineer is • reviewing improvement plans. Any comments from the Engineer will be presented at meeting time. RECOMMENDATION: Approval . ATTACHMENT: Subdivision Plan. • CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 d�oo Case Number 1/ L: • Fee Paid _ • , Date Filed iL • PLANNING ADMINISTRATIVE FORM Street Location of Property: _ Legal Doscri tion of Property: 4�G;-L.�,i� '�-�.�._1�.____ _`.L (1,AE- --1Z2-040 S g P 144) L , Owner: Name J_/� _ ��::� '� 1 Address L 5 9�Z_iii.L/L� �� _ __ Phone: _ (4_(�1 Applicant (if other than owner): Name Address Phone: - Type of Request:• ___ Rezoning ___ Approval'of Preliminary Plat . ___ Special Use Permit Approval of Final. Plat ___ Va 'ante ___ Other • Description of Request _ _ . • . / Signature of Applicant: ____,-r, ►_' Date of Public Hearing: • • e. •NOTE: Sketch of proposed property and structure to be drawn rn sack of this form ar at- . - tached, showing the following: 1. North direction. 2 Location of proposed structure on lot • 3. Dimensions of front and side set-backs. 4. Dimensions of proposed structure. 5. Street names. • ---- • 6. Location of adjacent existing buildings. . -' 7. Other information as may be requested. Approved ___ Denied ___ by the'Planning Commission on (data) subject to the following conditions: • 0 . Approved ___ Denied ___ by the Council on subject to the P, I following conditions: Comments: (Use other side) ENC1N RCHITECTS'PIANNERS 3535VADNAIS CENTER DRNV ST.PAUL,MINNESOTA 55110 612 490-2000 March 5, 1991 RE: STILLWATER, MINNESOTA PLANNING CASE REVIEW PRELIMINARY PLAT REVIEW SUB/91-5 OAK GLEN 10TH ADDITION Mr. Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: We have reviewed the final plat for Oak Glen 10th Addition. Lot dimensions along both Oak Glen Trail and Oak Glen Drive are consistent with the previous submittals used for construction of utilities. Therefore, existing sewer and water stubs are located to provide service to these lots. The drainage and utility easement between Lots 2 and 3 of Block 2 are inconsistent with the previously submitted drawings used for construction. The northwesterly easement along Lot 3 should be 10 foot wide. The southeasterly easement along Lot 2 should be 20 feet wide. Utilities already exist within this 30 foot wide easement. The remainder of the utility and drainage easements appear adequate. Attached is a redlined plat showing the required change. If you have any questions, please contact me. Sincerely,h Barry C. Peters, P.E. BCP/cih SHORT ELUOTT ST.PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN (St1hV [ • THE BIRTHPLACE OF MINNESOTA d MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 1, 1991 SUBJECT: REQUEST FOR MODIFICATION TO CONDITIONS OF APPROVAL REGARDING SIGNS AT RIVER HEIGHTS AUTO MALL. The Project Owner is requesting a modification to the Conditions of Approval regarding conditions that were placed in the project when the variance for the free standing 100 square foot sign was approved for the project (letter attached) . The supports for the free standing sign in front of the center have been constructed. The conditions of approval are listed below: 6. A coordinated sign plan for the project shall be reviewed and approved by the Community Development Director that meets the following guidelines: A. Each lease area shall receive credit for .5 square feet of signage j • per building frontage foot of length for their space with a minimum of 25 square feet. B. All signs shall be located facing toward the interior parking lot. (No sign on front, back, west o r east side of the building. ) . ) C. One sign per business or leasehold. D. Maximum sign letter height shall be 24 inches. E. All signs shall be individually lighted letters with no exposed raceways. The attached site plan shows the tenant spaces, the sign area allowed (A) and sign area proposed, (P) . Tire Plus is allowed 40 square feet and propose 82 square feet. They also want their sign in the front of the building which is not allowed according to Conditions of Approval . Kennedy Transmission is allowed 26.5 square feet and are proposing 7U square feet, Croix Valley Glass is proposing 12.5 square feet, 25 square feet allowed. Car Care is allowed 25 square feet and as of yet, have not proposed a sign. ABRA is proposing 56 square feet and allowed 42.5 square feet, Big Wheel Rossi has proposed 48 square feet and are allowed 30 square feet. Beside the larger signs, some of the tenants; Tire Plus, Kennedy, ABRA, (Croix Valley) proposed cabinet type signs or proposed exposed raceway. (The River • Heights Plaza signage is what is required - individual letters with 'no exposed raceway) . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 As was mentioned above, Tires Plus is also asking for a sign on the south or front of the building as well as the east. The Sign Ordinance without the reduced Conditions of Approval for the second sign on the 10x10 foot free standing sign allows one square foot of signage per frontage face of building. CONDITIONS OF APPROVAL 1. Signs approved: A. Tires Plus 24" individual letter sign on front (south) of store. Tire Plus 18" individual letter on east side. 24"x22' car sign with tire products. B. Kennedy Transmission - 2'8"x11'6" cabinet sign. C. Car Care - 25 square feet of individual letters 24" maximumm letter size. D . Croix Valley Glass - 12 square feet individual letters (as proposed) . E. ABRA - 56 square feet 24" individual letter sign. • F. Big Wheel Rossi - 48 square foot car sign as proposed - approved. RECOMMENDATION: Consideration of request. ATTACHMENT: Proposed signs. 2 Sti1hL • THE BIRTHPLACE OF MINNESOTA al MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 1, 1991 SUBJECT: REQUEST FOR MODIFICATION TO CONDITIONS OF APPROVAL REGARDING SIGNS AT RIVER HEIGHTS AUTO MALL. The Project Owner is requesting a modification to the Conditions of Approval regarding conditions that were placed in the project when the variance for the free standing 100 square foot sign was approved for the project (letter attached) . The supports for the free standing sign in front of the center have been constructed. The conditions of approval are listed below: 6. A coordinated sign plan for the project shall be reviewed and approved by the Community Development Director that meets the following guidelines: A. Each lease area shall receive credit for .5 square feet of signage per building frontage foot of length for their space with a minimum of 25 square feet. B. All signs shall be located facing toward the interior parking lot. (No sign on front, back, west or east side of the building. ) C. One sign per business or leasehold. D. Maximum sign letter height shall be 24 inches. E. All signs shall be individually lighted letters with no exposed raceways. The attached site plan shows the tenant spaces, the sign area allowed (A) and sign area proposed, (P) according to the Conditions of Approval . Tire Plus is allowed 40 square feet and propose 82 square feet. They also want their sign in the front of the building which is not allowed according to Conditions of Approval . Kennedy Transmission is allowed 26 . 5 square feet and are proposing 70 square feet, Croix Valley Glass is proposing 12.5 square feet, 25 square feet allowed. Car Care is allowed 25 square feet and as of yet, have not proposed a sign. ABRA is proposing 56 square feet and allowed 42.5 square feet, Big Wheel Rossi has proposed 48 square feet and are allowed 30 square feet. Beside the larger signs, some of the tenants; Tire Plus, Kennedy, ABRA, Croix Valley proposed cabinet type signs or proposed exposed raceway. (The River Heights Plaza signage is what is required - individual letters with no exposed raceway). CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 t • As was mentioned above, Tires Plus is also asking for a sign on the south or front of the building as well as the east. The Sign Ordinance without the reduced Conditions of Approval for the second sign on the 10x10 foot free standing sign allows one square foot of signage per frontage face of building. RECOMMENDATION: Consideration of request. ATTACHMENT: Proposed signs. 2 ' ^ GUSTO PARTNERS OF STILLWATER 3460 N. Lexington Ave. , Suite 307 � ��or���e�� MN 5512678001�� February 26, 1991 City of Stillwater Hon. Mayor and Council Members 216 North 4th St. Stillwater, MN 55082 RE: Signage for River Heights Service Center Dear Mayor and Council Members: We are writing you seeking your approval regarding a certain sign problem dealing with a tenant in our center. Tires Plus and myself met with your City Planner, Steve Russell and tentatively worked out a satisfactory solution to Tires Plus' concerns and needs for signage facing Highway 36. I leave it to Steve Russell to explain the contents and details of our meeting in his office with Tires Plus. By your approval of this minor change, you will help me alleviate two problems on signage with the tenants. Tires Plus is giving up any signage on the pylon that they are entitled to. Big Wheel Auto Stores will pick up their space and signage, thereby accommodating all parties. We wish to extend our very utmost thanks to this Honorable Body for your understanding and continued support for Gusto Partners in acheiving this total development. We also plan on being good neighbors to the City of Stillwater and will spread the word to our friends and associates about the willingness of the City • Fathers to attract new business and residents • to this neighborhood. Again, our sincere thanks for your help in this matter. Sincerely, Irving T. Margolis ' for GUSTO PARTNERS OF STILLWATER ITM/sls �N�� ��" cc: Steve, Russell 1 I ' ' .. .. -.- - ----.-� -\-i I;/ /// --/- / •/ \•.. - _•� ---,,;`c \ __-, / _ / / /� - /, -9ab.4- .--\-- \N \/ • i I / -' �- - , .'--:-47:--' o� r • r.y/ I _/ I I \-10N. r I 01 Rio �� ^ t t ��'1 II S 1 1 w+ J, / r \ } rot. ��*d i. . :-,° 1 I I I I+ GI\2'' ,"• i :Ito. �I i , (' ! j ate.'! .r'= J a f.4 --� +916f� - 4 ,/;5 • I tgg L: r 9 V-Vel:r...... - .,• -.14' / y 'r ' 8•`•-I- J 2i 4 9s1 '�. --r.:---?",:c1--.--- . A • . I .1 . 3../ q.-Efi�_� - ,/, s - I ( c1 - .L. . r 1 0 / / �/ I o. . /,'1 .,i. .., s 19_ f' -a-- t h� �r • `v'/ 1,...,� ' ,-�' Ittii '2147 J l +913.8 y - / /20-T,-;„�� \ \� �- 6 g T7 I 1 - /// _---, • 1 19.3 _ 1 I 1--�� -___--^ - ____1 .- -a► • )4 .. rte°,, —� ! ` t {• -- _ - - -. .-- ---_.•- — ��� • - — - � 0-0th STREET NOf3 H - 191b.‘ TOTAL BUILDING AREA 'Z. ,'yl4 -• • a n • r+ • „ • • VI • Y gar, GUSTO PARTNERS OF STILLWATER 3460 M. Lexington Ave. , Suite 307 Shoreview, MN 55126-8001 �� �1 .:7ebr`:ary City of Stillwater Hon. 'layor and [onci l Me��ers 215 North 4th St. ��t i l lwa�er, �K �5082 3E: Si.:l:aga for River Heinhts Service Center Jear Mayor and Council Members ��e are w,`it in� y�u sE.rinq your approval rega�dir.g a certaln sign crobIem dealing with a tenant in cur center. Tires Plus and myself met with ycur City Planner, Steve Russell and tentatively worked out a satisfactory solution to Tires Plus' concerns and needs for sigrage Facing Highway 36. I leave it to Steve Russell to explain the contents ard details of cur reating in his office with Tires Plus- By ` your agproval of this minor change, you will help me alleviate ��� tw� problems on signage with the tenants. Tires Plus is- -civing ��� �:,:; any signage on the cylon that they are entitled to Whee1 Auto Stores will pick up their space and signage, thereby accommodating all oarties. We wish to extend our very utmost thanks to this Honorable Body for your understanding and continued support for Gusts Partners in acheiving this total develooment. We also Plan on being good neighbors to the City of Stillwater and will spread the word to our friends and associates about the willingne�s of the City athsrs business and residents to this neighborhood. Again, our sincere thanks for vnur help in this Ifatter. Sincerely, lrving T. Margolis for GUSTO PARTNERS OF STILL.WATER I�M/z�ls ��� cc: SteveR:sseIl ��� • 1 • • t 3 �1 . 1 id . , _ •rIPCZ:-I1J i /IA11Q. 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'• .,..,...\ FI ' 0 \i"\ 7 D© NA i •1 _{'..--. $ 0 • a, I ® a r 4� 1 tb iliwater• THE BIRTHPLACE OF MINNESOTA ap MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 1, 1991 SUBJECT: UPDATE ON DOWNTOWN IMPROVEMENTS This memo is to update the Council on activity since the January 8, 1991 meeting when the Downtown Improvement Plans were accepted and ordered for bidding (with alternatives}. The plans were advertised beginning the week of February 14. Interested contractors can pick up the plans and attend a meeting the week of March 11 to ask any questions on the plans to Short, Elliott, and Hendrickson, the Project Engineers. Short, Elliott and Hendrickson is requesting the bid date be changed from March 15 to March 22. (See letter attached from Dick Moore, Short, Elliott and Hendrickson . ) As I understand, it will not affect the beginning of construction date. On February 7, four Downtown area meetings were held to go over construction plans and phasing with Downtown business owners and property owners . Approximately sixty business and property owners attended the meeting. (The roster of people who attended the meetings is attached to the response sheet. They appear to represent a good cross section of Downtown interests. ) A copy of meeting notice is attached. A project overview was first presented, then detailed project elements were described along with scheduling and staging and financing. An informal discussion followed where site specific questions were addressed. A questionnaire was handed out to all attendees. Beside name and address of respondents, the business/property owner was asked to indicate if they felt the bid alternative elements of lighting, landscaping and pavers should be a part of the construction project. The results of the questionnaire indicate that between 78 and 88 percent of those responding felt decorative street lighting (88%), landscaping (85%) and street pavers (78%) should be a part of the project. Decorative street lighting and street landscaping received the most support while pavers were rated third of the design elements. . A second question asked people in attendance to rate the importance of a new parking structure or Lowell Park improvements. Eighty one percent of those responding felt a parking structure should be constructed next while twenty CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 SMemo to City Council Update on Downtown Improvements eight percent felt Lowell Park should be improved as a second phase. The preference for the parking structure is shared by the Parking Task Force, Downtown Action Committee and City Council . At the meeting information was handed out listing City contacts and plumbing requirements. After the bids are received March 22, they will be presented with cost figures for City Council decision in the scope of the project. Enclosure 2 MAR-01-1991 08:19 FROM SEH INC. TO 4390456 P.02 ,ter ENGINEERS tARCHITECTS"WAWA= 3535 VADNAIS CENTER DRNN,5T PAUL,MINNESOTA 55770 672 490.2000 March 1, 1991 RE: STILLWATER, MINNESOTA CENTRAL BUSINESS DISTRICT IMPROVEMENTS L.I. 257 SEH FILE NO 89255 Mr. Steve Russell, Community Development Director City of Stillwater 216 North fourth Street . Stillwater, MN 55082 Dear Mr. Russell: Because of delays with state approvals for the Cooperative Agreement, we would like to revise our schedule for the letting date, assessment hearing, etc. for the Downtown Improvements. The new schedule we are requesting is as follows: Receive Bids March 22, 1991 Council Review Options and Make Decision on Alternates March 26, 1991 Council Authorize Assessment Roll and Order Assessment Hearing April 2, 1991 Council Conduct Assessment Hearing April 18, 1991 (Note, this is a Thursday Evening) Council Make Award of Contract May 21, 1991 This still provides the 30 day appeal period for assessments and will not change the completion date for the contract. The project has been advertised and plans are anticipated to be distributed to contractors on or about March 8. fm.,.,,■ C.r,Af f, CHIPPEWA FALLS. MAR-01-1991 08:19 FROM SEH INC. TO 4390456 P.03 Mr. Steve Russell March 1, 1991 Page #2 If the Council has any questions, please do not hesitate to contact the undersigned. Sincerely, III Richard E. Moore, P.E. City Engineer REM/cih cc: David Magnusson, City Attorney David Dunker, Director of Public Works Dennis McKean, Secretary/Treasurer, Water Board Nile Kriesel, City Coordinator Mike Kraemer, Project Manager, SEM U44 DOWNTOWN IMPROVEMENT WORKSHOP CITY HALL - FEBRUARY 7, 1991 INFORMATION NAME ADDRESS BUSINESS NAME(S) DAY PHONE (Business/Property) Special concerns regarding Summer 1991 Downtown Improvements and my business: YOUR OPINION The City council will be making a final decision on the extent of Downtown improvements in March after the bids (cost) of the work has been received. From the description of the Downtown improvements received today I feel the following improvements should or should not be a part of the Downtown improvements. (If should is selected indicate order of importance 1-2-3, 1= most important) SHOULD SHOULD NOT Decorative Street Lights Street Landscaping Sidewalk Pavers FUTURE IMPROVEMENTS (1-2 in order of importance) Parking Structure Lowell Park OTHER COMMENTS THANK YOU. RESPONSE TO DOWNTOWN IMPROVEMENT WORKSHOP CITY HALL - FEBRUARY 7, 1991 INFORMATION (See attached roster for workshop participants) NAME ADDRESS BUSINESS NAME(S) DAY PHONE (Business/Property) Special concerns regarding Summer 1991 Downtown Improvements and my business: (Various comments to specific sites received) II YOUR OPINION The City Council will be making a final decision on the extent of Downtown Improvements in March after the bids (cost) of the work has been received. From the description of the Downtown Improvements received today, I feel the following improvements should or should not be a part of the Downtown Improvements. (If should is selected, indicate order of importance 1-2-3, 1= most important). III Results: Should by Priority Total % Should Did Not Should Not Answer Total 1st (#) 2nd (#) 3rd (#) Response Decorative Streetlights 36% (16) 39% (17) 5% (2) 77%-88% 11% (5) 9% (5) 44 Street Landscaping 33% (15) 18% (8) 25% (12) 78%-85% 13% (6) 2% (4) 45 Street Pavers 39% (17) 9% (4) 23% (10) 71%-78% 20% (9) 9% (4) 44 411Future Improvements: (1 - 2 order of importance) 1 2 Total Parking Structure 81% (36) 19% (8) 44 Lowell Park 28% (11) 72% (28) 39 OTHER COMMENTS RECEIVED I don't know if there is a need or use for a parking structure. Should not improve downtown without putting in pavers and decorative lights at this time. Parking ramp is #1 priority. I think everything should be done to bring some class back to Stillwater - the last few years it has been sliding down hill. ROSTER OF DOWNTOWN IMPROVEMENT WORKSHOP PARTICIPANTS Name Business Address Phone No. Bob Tanner Esteban's 324 South Main St. 430-1543 Lyle Anderson St. Croix Drug 132 South Main St. 439-5030 Katherine Francis Katies Secret Gardens 122 North Main St. 430-1777 John Bourdaghs Shorty's Cleaners 121 East Chestnut St. 439-2250 Tom O'Brien Simonet Furniture 301-311 South Main St. 439-2110 Will Rogers Seasons Tique 209 South Main St. 430-1240 Jim Granger South Main Mercantile 125 South Main St. 439-1223 Vern Stefan Stillwater Book 114 North Main St. 439-1801 Tim Stefan Wrap N' Ship 212 North Main St. 439-2333 Grant Skoog Valiant Inc. 222 Commercial St. 439-6743 *Marcia & Tracy Mazanec Tamarack Gallery 236 South Main St. 439-9393 Susan Halgrimson Susan Maries' 108 North Main St. 439-9144 Tom Thueson Cub Foods 101 South Main St. 779-2052 Tom Thueson Office Buildings 127 Water Street 779-2052 Jay & Nita Michels 118-1/2 North Main St. 430-1182 Dick Stachta The Outfitters 223 South Main St. 439-4891 Ron Zirbel Maple Island 219 North Main St. 439-2200 John Ogren Superamerica 103 North Main St. 439-5755 June Eagleton Senior Citizens Center 112 South Main St. 439-9159 Ann Schmidt Plums 421 South Main St. 439-4031 Susan Schmidt Winona Knits 215 South Main St. 430-1711 Roger Kastelle The Mind's Aye 221 East Myrtle St. 439-8290 Arlene Pepmiller "'Area - Coordinator Plums & Winona Knits 473-5133 Larry Martin Martin's 214 South Main St. 473-1656 • ROSTER OF DOWNTOWN IMPROVEMENT WORKSHOP PARTICIPANTS Name Business Address Phone No. Dick Chilson MadCapper 224 South Main St. 430-3710 Mary Jo Johnson Sherstad Woods 317 South Main St. 439-0466 Micky Vaughan Micky's Cafe & Creamery 324 South Main St. 439-1949 Loann Stokes Stokes Jewelry 229 East Chestnut St. 439-0921 Jessie Mouflery Les Maillots 317 South Main St. 430-9616 Dan Grimsrud Winona Knits/Plums 507-454-3240 Monty Brine Brines 219 South Main St. 439-1862 Fred Brass The Village Shop 229-233 South Main St. 430-1682 David Paradeau Minnesota Zephyr 601 North Main St. 854-8510 Rod Hofland Firstar Bank 213 East Chestnut 439-4411 •Mark Desch Student Assurance 333 North Main St. 439-7098 Wash. Cty Historical Warden's House Museum 602 North Main St. 439-5956 Jay Michaels Residence 118-1/2 North Main St. 436-8589 E.J. Speltz More Antiques 312 North Main St. 439-1110 Bill Stouvenel Pendelton Co. 501 North Main St. 430-3200 Art Palmer The Lowell Inn 102 North Second St. 439-1100 Richard Kilty Jassoy Building 200 South Third St. Dave Gardner Bliss Plbg. & Htg. 225 North Second St. 439-4920 James Lashin J.P. Lanshin 306 Chestnut St. 715-265-4056 ill iliwater THE BIRTHPLACE OF MINNESOTA DOWNTOWN IMPROVEMENT INFORMATION BUILDING CODE INFORMATION Questions regarding sanitary sewer or storm sewer improvements should contact the City Building Official , Allen Zepper, City of Stillwater 439-6121. ELECTRICAL SERVICE Questions regarding new electrical service call may be directed to Dennis Joriman, the State Electrical Inspector, from 7:00 A.M. to 9:00 A.M. at 777-7049. TAX CREDIT FOR PRIVATE IMPROVEMENTS Much of the Downtown area is in a Historic District. The Historic District designation allows property owners to get a tax credit for certain types of property improvements including utility improvement. When you have an idea of what you will be doing and would like to know if your work qualifies for a tax credit call Ann Terwedo, City Planner, at 439-6121 regarding the project. WATERMAINS Questions regarding watermains may be directed to Dennis McKean at the Board of Water Commissioners, 439-6231. • CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 „ FEB-05-1991 10:35 FROM DEPT. OF HEALTH WATER SUP TO 94390456 P.02/02 minnesota department of health • division of environmental health 0 925 s.e. delaware st p.o.box 59040 minneapolis 55459-0040 (612)027.5100 February 5, 1991 Mr. Allen Zepper City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mr. Zepper: • In reply to your request for clarification regarding sanitary and storm sewer separation within the building walls and the yard area. - •Minn. Rules, . p. 4715.0100, subp. 26, Building Drain Storm, means a building drain which conveys storm water but no sewage. Minn. Rules, p. 4715.2700, states that storm water shall not be drained into sewers intended for sanitary sewage only. • • Any plumbing appliance, plumbing appurtenance or plumbing fixture, shall discharge only to the sanitary drainage system. If the building drain, drains by gravity to the building sewer, but the elevation of the building sewer is at a higher elevation than the lower fixtures, then the lower fixture must discharge to a sewage ejector and be lifted to the elevation of the building • sewer. The sewage ejector and the installation must comply with the Minnesota - - - . Plumbing Code. Only clear water waste may discharge to the storm .sewer, clear water waste is drainage from around footings or clear water that penetrates the basement walls. .A clear water sump may be installed if needed, and the clear water sump must be installed in accordance with the Minnesota Plumbing Code. If you have any questions, please call me at 612/627-5134. 410relz9.5rs, r i.* . R.e A. Foster, Supervisor Pl.-ping Unit RAF:lss • • • • • • • an equal opportunity employer ”" Amer-zseri •ENGINEERS■ARCHITECTS 1 PLANNERS 3535 VADNAIS CENTER DR IVE SL MINNESOTA 55110 612 490-2000 PAUL, March 5, 1991 RE: CITY OF STILLWATER CITY ENGINEER SEH FILE 89114 Honorable Mayor and City C y ty un o cil City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mayor and Council Members: This letter is in response to a question from Steve Russell, Community Development Director, regarding a letter written by Mr. Arthur D. Palmer of the Lowell Inn dated February 19, L991. In his letter, Mr. Palmer requested that the City consider participating in the cost of installation of underground electric utility on Second Street between Mulberry Street and Myrtle Street. Mr. Palmer also requested that the City allow NSP to place a transformer on the most northeasterly corner of the City parking lot north of the Lowell Inn. I discussed the method of accomplishing Mr. Palmer's request and the cost with the engineer from NSP on Monday, March 4. I was given a ball park figure of $25,000. It is not simply a matter of placing the line on Second Street underground. The buildings on the east side of Second Street are served overhead from this line in the alley behind these buildings. If the line on Second Street were to be buried, then revisions would have to be made to move the step down transformers easterly on Mulberry Street. This would provide feed to the buildings on the east side from overhead at the east end of the City's parking lot on the corner of Mulberry Street and Second Street. Also, wire costs are considerably higher than they were several years ago. Apparently Mr. Palmer discussed this same scenario with NSP in 1986 when he was considering expansion of the Lowell Inn. At that time, NSP quoted Mr. Palmer a different price and would also give him revenue credit for revenue generated. Now NSP would provide Mr. Palmer with three years of revenue credit. SHORT ELLIOTT ST.PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN • Mayor and City Council City of Stillwater March 5, 1991 Page 2 By undergrounding the electric on Second Street, it will also require placing a feed point for the lighting system on a pedestal or locating a feed point in some different location. Presently, the lighting feed point is on the pole at the edge of the driveway in front of the Lowell Inn. This pole would be removed as part of the underground system. In synopsis, it would cost approximately $25,000 to bury the electric utility on Second Street, approximately 360 feet south of Mulberry Street, and place a transformer to service the Lowell Inn at the northeasterly corner of the City parking lot. We trust this will answer any questions that the Council may have at this time. Of course, if the Council wishes to pursue this underground electric utility as part of the downtown improvements, we would obtain plans and a more firm cost estimate from NSP. • If you have any questions, please do not hesitate to contact me. Sincerely a:4.J Richard E. Moore City Engineer REM:11c cc: Steve Russell, Community Development Director David Junker, Public Works Director Nile Kriesel, City Coordinator Charles McFarland, NSP rt M E M O R A N D U M • TO: Mayor and City Council FR: City Coordinator DA: March 1, 1991 RE: NO WAKE ZONE The Stillwater Port Authority met on Wednesday, February 20th to discuss the establishment of a no-wake zone in the St. Croix River adjacent to the downtown area. The Port Authority, after considering all available information, is recommending that the City Council establish a no-wake zone as provided for under DNR regulations. The no-wake zone would extend 100 feet out from the 8hare1ine from about the extension of Elm Street (northern point) to Locust Street (southern point). This would require the placement of about six (6) buoys at a cost of $750 - $900 (6 @ $125 - $150 each). The City would have to place and remove the buoys at the beginning and end of the boating season (this would not be a difficult task and the Stillwater Yacht Club or Dock Association would probably assist the City). The City Attorney is preparing a resolution that the City Council could adopt to establish the no-wake zone. We can also discuss this issue more fully at the meeting Tuesday night. es:'616C1 • I 6 1 I /2 /.3 /4 /5 -I • I ---- 'i ...... --.....-- 1 . ...... \-N., . . 4 I 3 4 I 3 4 3 4 3 , C.) 1 g. I .. w . k ST. 6 1 1 6 1 6 1 6 1 ik 1-t\- i __ \ 1. 3 -.... I Z ! • i I . ASP . : 24 0 • 6 , ril , 6 1 , "-----.---. . , ca , 1 23 1 . 4 5 1 2 r ...• - f o 1 1 I- r „., cp i ,_.,275. . 4 1 3 II 3 • . a 1 \c,t...41-.0. 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O. 000 47_dim 14.1' ' _ .„\-----_ 0 , _ • VIPP"-% 01111 ' .v \ .. 64.. . 1111111711". 1---•... (5) - - -c - --- ... -'' . •-- 14 1 9 -- ■ - .\ " ,\. Stillwater Yacht Club • February 27, 1991 Stillwater Port Authority 216 North 4th. Street Stillwater, MN. 55082 RE: No Wake Zone The owner of Stillwater Yacht Club Mr. Ken Grund and myself are very much in favor of a no wake zone posted north of the lift bridge in Stillwater on the St.Croix River to include all the docking facilities at Stillwater Yacht Club. Our main concerns are the safety of our customers and employees of our gas dock facility just north of the lift bridge. It is very difficult to moor and fuel boats when wakes from passing watercraft cause a rocking motion to the facility and to the customers boats. Also the extensive damage of our customers boats hitting the docks after a watercraft passes our facility. If you have any further questions on this matter please feel free to call • me at 439-5658. Thank You Sincerely'' Jim Esala Manager S.Y.C. • 422 E. Mulberry Street • P.O. Box 231 • Stillwater, MN 55082 • (612) 439-5658 r • February 27, 1991 Stillwater Port Authority Commission c/o Stillwater City Hall 216 N. 4th St. Stillwater, MN 55082 Subject: "No Wake Zone" Dear Sirs, It is the intent of this letter to voice support to establish a "No Wake Zone" on the St. Croix River in Stillwater proper. Speaking on behalf of the One hundred Fifty-seven slip owners, the Dock Association of Stillwater Board of Directors support this proposal. It would be our desire to have this zone established permanently from the desired south location to the north end of the docks at Stillwater Yacht Club. • Our members have experienced numerous incidents of damage to property due to the excessive wakes. Res ctfull, , /' //C/44!---- Ralph A. Bache Elected Member Dock Association Board of Directors P.O. Box 26125 Shoreview, MN 55126 612-430-3560 RAB/sem 411 LIST OF BILLS e EXHIBIT "A" TO RESOLUTION NO. 91-34 Airlift Doors, Inc. Repair Garage Door $ 83.15 Blevins Concession Supply Concession Supplies 488.92 Capitol Communications Repair Mobile Phone 25.00 Centraire, Inc. Refund-Installer License 30.00 Coordinated Business System Maintenance Contract 207.56 Copy Cat Park Plan 210.25 Courier, The Publications 313.50 Custom Fire Apparatus Equipment Parts 388.01 Earl F. Andersen & Assoc. No Park Signs 126.72 General Industrial Supply Sign Materials 229.70 Glaser, Paul Boiler Engineer 200.00 Graphic Specialties, Inc. Pocket/Pin Badges 55.98 International Assn. Chiefs of Police Dues-Mawhorter/Beberg 200.00 Jim's Building Mte. February Services 776.60 Johnson, Ronald Reimburse-Tapes/Batteries 19.63 Kolliner's Clothing Allowance-Miller 259.40 Lind, Leslie & Gladys Land Purchase 927.00 Magnuson, David Legal Services 6, 112.60 Metro Chief Fire Officers Assn. 1991 Dues 60.00 • Metropolitan Waste Control Commission Sac Charge-February 27,442.80 Mn. Cellular One Mobile Phones 19.42 Mn. Chiefs of Police Assn. 1991 Dues-Mawhorter/Beberg 140.00 Mn. Conway Fire & Safety Bunker Coat/Trousers 392.81 Montbriand, Shirley Refund-Health Insurance 14.23 Northern States Power Co. Energy Charge 8,045.58 Northern States Power Co. Energy Charge 11,211.74 Pony Express Reloaders Reloads 203.50 Sentry Systems Service Agreement 111.26 Sensible Land Use Coalition Membership - Russell 50.00 Short Elliott Hendrickson Engineering 666.70 Stevensen, James Reimburse-Sweet Rolls 20.00 Stillwater Gazette Subscription 65.00 Suburban Propane Propane 81.36 Taystee Baking Company Concession Supplies 147.20 Viking Office Products Office Supplies 40.32 WMI Services of Minnesota Rental 174.00 Zee Medical Service Medical Supplies 13.95 Ziegler, Inc. Equipment Parts 1,414.81 ADDENDUM TO BILLS American Planning Association Steve Russell Conf. 420.00 Crescent City Consultants Special event tour-Russell 18.00 State of Minnesota Dock transfer permit fee 75.00 s Adopted by the Council this 5th day of March 1991. APPROVED FOR PAYMENT CONTRACTORS APPLICATIONS . March 5, 1991 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. Renewal P.O. Box 712 Hudson, Wi 54016 • III II 411 Recommended for ao p roval by City Staff Administrative Code No. g.-422:5-- FINANCIAL DISCLOSURE STATEMENT 1. Is anyone in your family wh is living with you now, currently employed? Yes No If YES, please list the individual who is working, the employer and how much he or she makes each month. INDIVIDUAL - . .-. EMPLOYER .. MONTHLY SALARY 2. List the amount of money your family receives each month from any of the following sources : (How much is received each month and _. __ who receives it?) KINDS OF INCOME MEMBERS OF FAMILY RECEIVED — HUSBAND WIFE WHO LIVE WITH YOU • 1. Social Security __"_... (Exact amount of DO � the check) (P/67. // 2. Veteran' s Benefits 3. Other Retirement Money from Renters 5. Unemployment Ins . 6. Workers ' Comp. 7. Disability Ins . 8 . Stock Dividends or Interest 9 . OTHER (over) I Administrative Code No. ;2- ,275-- 3. List any Real Estate you own or are buying other than your home, if any: /?on 4. If you have not made all of the payments on your home, list your monthly payment : House Payment: $ 5 3 o7 per month 5. List your current year' s property tax -�� 199 / $ < CD, 6. List your Financial Assets (if greater than $10,000) Cash on Hand $ C� Savings Accounts $ 0 Stocks , Bonds or Securities __ $ Life Insurance $ 5 v,©C.DC • Other $ 7. List any unusual monthly expenses for which you are committed to, such as hospital/medical payments : • TO WHOM AMOUNT erak C(U,C/ $ 5-0 ,00 $ $ TO BE COMPLETED BY THE CITY APPLICATION APPROVED DENIED Date BY • NEMO TO: MAYOR AND COUNCIL FROM: CITY COORDINATOR RE: WARNING SIRENS DA: MARCH 5, 1991 ACCOMPANYING THIS MEMO ARE TWO PROPOSALS TO REPLACE AND INSTALL NEW WARNING SIRENS. WE HAVE TWO PROPOSALS BECAUSE WE ORIGINALLY HAD INTENDED TO ONLY REPLACE THE ONE SIREN AT LILY LAKE SCHOOL IN 1991 (SEE THE P;UP- OSAL DATED MARCH 1, 1991) AND TO REPLACE AND INSTALL ANOTHER SIREN IN A FUTURE YEAR WHEN ADDITIONAL FUNDS BECOME AVAILAELE. HDWEVER, AFTER REVIEWING THE PROPOSAL WITH CIVIL DEFENSE DIRECTOR BOB MURPHY IT BECAME APPARENT THAT WE MIGHT BE ABLE TO REPLACE ALL OF THE SIRENS THIS YEAR. THEREFORE, A SECOND PROPOSAL WAS OBTAINED. THIS PROPOSAL INDICATES THAT WE COULD DO ALL OF THE WORK FOR $21,770 IN 1991. ALTHOUGH, THIS IS SZ177 OVER THE CAPITAL OUTLAY BUDGET OF $18,0N0 I THINK IT WOULD BE PRUDENT TO CONSIDER COMPLETING THE WORK THIS YEAR. ANOTHER OPTION WOULD EE TO DO ALL OF THE WORK EXCEPT THE MARINE CIRCLE 5IFEK. THE NET COFT WOULD THEN BE $19° 102, WHICH IS OVER BUT PRETTY CLOSE TO THE BUDGETED AMOUNT. THE MARINE CIRCLE SIREN COULD THEN BE INSTALLED IN A FUTURE YEAP. ���� �� P.O. Box 428 ROCHESTER, MINNESOTA 55903-0428 March 5 , 1991 DATE.. (507) 282-2113 2824243 1 (800) 328-4827 Ext. 5003 TO Nile Kriesel, City ltdmin. .. ..._,. . . City of Stillwater • • ..• ...•-•••••_-__• „--- „.-.• ••••---, ss • ••••• • " """' FAX TRANSMITTAL vilmoomiNENINEININER NUMBER OF PAGES ON THIS FAX (INCIMPPIG....7414....PAgEL____... TIME SENT . mr• Krie., 1.1_11 Pti....q.1-0$g...an .al.terriate .. ...... . #03222 plus adding the additional siren with radio controls at 2nd ........ . .... . ......... . ... ........... ....... and Willard with 1 trade-in from Mrytle and Greely; moving small -siren-from- Myrtl-e-...and -4th to-Marine-....Circl-e-and--instatting--radio • activation on the Circle . . . ...... .. . ... ..... . I have separated each item so you can delete or postpone installing hat-ttftit .at..-Mar irre-eircle.--i-f-neces-sary —1"f" 'you-did• thdt thS-tOta: -- for just the 2 sirens would be $19,102.00. I consider the ono at 2nd Street and Willard most important because it would cover the 'downtown area noE" beThg covered now. Age Sincerely, sire G. . .son Pres ,,,...........m.mnow.....10,....■■•••■■••••46.0• PLEASE REPLY El NO REPLY NECESSARY • • QUOTATION/PROPOSAL 3 7 2 G FOR FURNISHING QUOTATION NO: CWS '— FEDERAL SIGNAL CORPORATION COMMUNITY WARNING SYSTEMS THIS NUMBER MUST BE REFERENCED ip CITY OF STILLWATER WHEN PLACING AN ORDER Stillwater, MN 55082 DATE: March 1 , 1991 REFERENCE: Siren Warn i n g FEDERAL SIGNAL CORPORATION IS PREPARED TO MANUFACTURE FOR YOU, System "UPON PLACEMENT OF YOUR ORDER AND ACCEPTANCE BY FEDERAL SIGNAL CORPORATION, THE EQUIPMENT HEREIN NAMED WILL BE SUPPLIED FOR THE FOLLOWING PRICES". ITEM FEDERAL COLOR NET COST NO. QTY. MODEL/PART NO. VOLTAGE OR DESCRIPTION EA EXTENSION FINISH 1 1 2001 AC 120 10 G 127 db Rotating Siren Assembly $8 , 200 .00 2 1 UC ACH 120 10 G Universal Controller with Radio , Antenna Assembly 1,468 . 00 3 Remove Existing Sentry 10V2T and pole, Mount Above on new 60 ft . Class 2 pole, electrical/radio work 2 , 350. 00 12 , 018. 00 Less Credit Sentry Siren (3 , 000 . 00) • TOTAL TURNKEY . . . 9, 018 . 00 • __T p 'URCHASE ORDER MUST BE MADE OUT TO: FEDERAL SIGNAL CORPORATION 2645 FEDERAL SIGNAL DRIVE . UNIVERSITY PARK, IL 60466 IF ORDER INCLUDES RADIO CONTROL, DELIVERY SCHEDULE CANNNOT BE ESTABLISHED UNTIL RADIO FREQUENCY INFORMATION IS PROVIDED. 'RICES ARE FIRM FOR 30 DAYS FROM DATE OF QUOTATION UNLESS SHOWN OTHERWISE. UPON ACCEPTANCE, PRICES ARE =IRM FOR 0 (DAYS/MONTHS). THIS QUOTATION IS EXPRESSLY SUBJECT TO ACCEPTANCE BY BUYER OF ALL TERMS STATED ON THE REVERSE SIDE HEREOF, AND ANY EXCEPTION TO OR MODIFICATIONS OF SUCH TERMS SHALL NOT BE BINDING ON SELLER UNLESS EXPRESSLY ACCEPTED IN WRITING BY AN AUTHORIZED AGENT OR OFFICER OF SELLER. ANY ORDER SUBMITTED TO SELLER ON THE BASIS SET FORTH ABOVE, IN WHOLE OR IN PART, SHALL CONSTITUTE AN ACCEPTANCE BY BUYER OF THE TERMS ON THIS AND THE REVERSE SIDE HEREOF. ANY SUCH ORDER SHALL BE SUBJECT TO ACCEPTANCE BY SELLER IN ITS DISCRETION. IF THE TOTAL PRICE FOR THE ITEMS SET FORTH ABOVE EXCEEDS $50,000, THEN THIS QUOTATION "IS ONLY VALID" IF COUNTERSIGNED BELOW BY A REGIONAL MANAGER OF THE SIGNAL DIVISION, FEDERAL SIGNAL CORPORATION. F.O.B. Stillwater BY: G M. Ttb °sttr S Net 30 after delivery CWS SALES REPRESENTATIVE W. DEL. WT. ADDRESS: FEDERAL WARNING SYSTEMS DELIVERY A.R.O. Rochester , MN 55904 COUNTERSIGNED: SIGNAL DIVISION FEDERAL SIGNAL CORPORATION BY: Fs-2886 TITLE: CUSTOMER COPY FOR FURNISHING I. QUOTATION NO CWS O c O FEDERAL SIGNAL CORPORATION COMMUNITY WARNING SYSTEMS THIS NUMBER MUST BE REFERENCED WHEN PLACING AN ORDER 0: City_Of St i 1 1WaF r Stillwater, MN 55082 • — DATE Ma rch S , 1 t)C REFERENCE: ,E 1 r e na x n — FEDERAL SIGNAL CORPORATION IS PREPARED TO MANUFACTURE FOR YOU, stem ALTERNTI; PROPOSAL PLACEMENT OF YOUR ORDER AND ACCEPTANCE BY FEDERAL SIGNAL Y CORPORATION, THE EQUIPMENT HEREIN NAMED WILL BE SUPPLIED FOR THE FOLLOWING PRICES". ITEM QTY FEDERAL VOLTAGE COLOR DESCRIPTION NET ET EXTENSION NO. MODEL/PART NO. F1M5H — — 1 1 Furnish & Install Siren, Less trade, Proposal #03222 $9 , 018. 00 2 1 Furnish and Install identical unit as above at 2nd and Willard, less trade-in sirenlra from Myrtle and Greely $10/004. 00 SU3 jp r L_ l i l 102,00 3 1 Move small siren from Myrtle and Fourth, Install at Marine Circle $1,200 .00 4 1 Install radio activation on Marine Circle Siren $1, 468. 00 $21,770. 00 tE v PURCHASE ORDER MUST BE MADE OUT TO: FEDERAL SIGNAL CORPORATION 2645 FEDERAL SIGNAL DRIVE UNIVERSITY PARK, IL 60466 IF ORDER INCLUDES RADIO CONTROL, DELIVERY SCHEDULE CANNNOT BE ESTABLISHED.UNTIL RADIO FREQUENCY INFORMATION IS PROVIDED. PRICES ARE FIRM FOR 30 DAYS FROM DATE OF QUOTATION UNLESS SHOWN OTHERWISE. UPON ACCEPTANCE, PRICES ARE FIRM FOR 3 0 (DAYS/MONTHS). THIS QUOTATION IS EXPRESSLY SUBJECT TO ACCEPTANCE BY BUYER OF ALL TERMS STATED ON THE REVERSE SIDE HEREOF, AND ANY EXCEPTION TO OR MODIFICATIONS OF SUCH TERMS SHALL NOT BE BINDING ON SELLER UNLESS EXPRESSLY ACCEPTED IN WRITING BY AN AUTHORIZED AGENT OR OFFICER OF SELLER. ANY ORDER SUBMITTED TO SELLER ON THE BASIS SET FORTH ABOVE, IN WHOLE OR IN PART, SHALL CONSTITUTE AN ACCEPTANCE BY BUYER OF THE TERMS ON THIS AND THE REVERSE SIDE HEREOF. ANY SUCH ORDER SHALL BE SUBJECT TO ACCEPTANCE BY SELLER IN ITS DISCRETION. IF THE TOTAL PRICE FOR THE ITEMS SET FORTH ABOVE EXCEEDS S50 Ott. THEN THIS QUOTATION "IS ONLY VALID" IF COUNTERSIGNED BELOW BY A REGIONAL MANAGER OF THE SIGNAL DIVISION, FEDERA 'NAL CORPORATION. Stillwater BY' . .� .4 TERMS Net 0 , - . • , CWS •�rj_ -EPRESENTAT E EST. DEL. WT. _ ADDRESS: " 4 " DELIVERY — A.R.O... ..Donut=,et , Ism "rig-04 COUNTERSIGNED: ER DIVISION FE A I CORPORATION BY: - F$-21386 TITLE: CUSTOMER COPY • T t March 5, 1991 City of Stillwater 216 N. Fourth Street Stillwater, Mn. 55082 Dear Honorable Mayor and City Council : Junker Sanitation Service appreciates the meeting of January 3, 1991 and all the help that was given us on the cleanups. Junker Sanitation believes that the proposal given by us at that time for volume based fee garbage service is not appropriate at this time and therefore is recinding said proposal . ;Sincerely,)/ours ,-James hunker, President • "Your Garbologist" James Junker • P.O. Box 246 • Stillwater, MN 55082 . 612-439-7135 mULTIPLE o w MINNESOTA MULTIPLE SCLEROSIS SOCIETY 0 2344 Nicollet Avenue Suite 280 Minneapolis,Minnesota 55404-3381 • �� LER J� 612-870-1500 or 1-800-582-5296 (both Voice&TDD) FAX:612-870-0265 • SC OS IS February 20, 1991 Ann Pung-Terrwedo City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 . Dear Ann: Things are really starting to roll now for The Ride Across Minnesota, we are looking forward to another great finish in Stillwater on August 2nd. We have contacted Monty Brine regarding catering the event this year and hope to involve the community in this excit- ing event. I will be contacting the Stillwater police for • • their support, as well as the county sheriff. As our plans progress, I will keep you updated. Please contact me with any questions or concerns. Sincerely, Mary Huss Special Events Coordinator sk/1060TR 1 Remember the MS Society in your will. ®% 1&W ? F aril Li.br r.1T • l'ilaawstarg NUS Board of Trustees . Minutes January 7, 1991 Present: Buck, Cass, Doe, Childs, Engebretson, Hansen. Schmidt, and Bertalmio. 1. Call to order: The meeting was called to order at 6:37 pm by President Hansen. 2. Adoption of the agenda: Accepted without change. 3. Public Commentary - None. 4. Hinutes: Corrected to include Doe as present. Communications - Letter from Alan Hagstrom stating approval of a grant in the amount of $4000 to the Family Human Sexuality Awareness project; funds from Kay Clint Fund Committee. 411 the from Dave Magnuson, City Attorney, suggesting that, until the situation is formally resolved, that the Library might make available the information on those "Birth and Death Records" that SPL presently is storing by designating a staff person to review those records as requested and to pass on the information from "open" records. 5. Finance report and payment of bills: Motion to pay 1990 bills in the amount of $5691. 93. Sip unanimously. • Motion to pay 1991 bills in the amount of $4905. 16. S/p unanimously. 6. Committee reports: Administration - Refer to 7-A, B, and G below. Budget and Finance - Noted concerns about funding stability; will wait for city council action before proceeding. Building and Grounds - Reported that water had entered the building between the Rotunda and the Circulation Desk; apparently from blowing snow. Planning - Childs requested that members submit a list of "items" for working on; final report in May. Public Relations - Order for 2000 Baby Booklets to printer; Book Bags are selling. Special Projects - Mittens from the tree to Food Shelf; Dog Collar show was a big hit but are leaving. YCL Liaison Report - Nothing special. 7. Old Business: A. Moved to adopt the Board Goals as proposed by the Administration Committee. S/P unanimously B. Moved to ask the Director to offer the Board an Education • Program from the list proposed by the Administration Committee. S/P unanimously. C. Noted that despite our often expressed desires, we have heard nothing about the Public Access Catalog since the November Joint Meeting when we were assured progress was being made. . D. Some members of the Board met with Dave Chittenden on the subject of Adult/Family Programming. Should get going in next week. E. Union negotiations scheduled for Wednesday at 4:00 pm. F. Action to set 'Director' s salary placed on hold until City Council acts on budget. G. Motion to adopt proposed Board Calendar. S/P unanimously. H. Draft proposal for meeting room policy and suggestions from City Attorney were discussed. Another draft will be offered at February meeting. 8. Nev Business: A. Motion to accept $909. 13 from the Marvel Old staff development fund and to use those funds in a manner to be developed by the Director. S/P unanimously. B. Director wishes to attend the Public Library Association meeting in San Diego in 1991. So moved. S/P unanimously. 9. President' s Report - Hansen asked members to peruse the materials banded out about Friends of the Library, and noted coverage of the Director' s activity in the MLA organ. 10. Directors and other staff reports - Handed out. 11. Adjournment - The agenda items being completed and no other business being before the Board President Hansen adjourned the meeting at 8:48 pm. corrected 2/6/91 • 411 Mg Master Pangs b'r• I,V SU U • Nevalatistawa El N® Board of Trustees Minutes February 5, 1991 Present: Cass, Childs, Engebretson, Hansen, Kalinoff, Ruch, Schmidt, and Bertalmio. 1. Call to order: The meeting was called to order at 6:35 pm by President Hansen. 2. Adoption of the agenda: Add Item 7I to agenda as mailed. 3. Public Commentary: None. 4. Hinutes: With a minor correction noted by Hansen, the minutes stood as mailed. Communications: Letter received from Matt Nelson of AFSCME accepting offer of 4% wage increase and SPL contribution of $220 per month to health insurance. (Response to Document A. ) • 5. Finance report and payment of bills: Motion to pay bills in the amount of $2,978. 34. Sip unanimously. 6. Committee reverts: Administration - Tide infra. Budget and Finance - iide infra. Building and Grounds - working on water from melting blown snow. Planning - Childs led a brief workshop to develop items of interest for planning purposes. These will be combined with input from the staff and additional inputs from the Board to develop a proposal to be brought before the Board. Public Relations - Noted release of "Baby Booklet". Special Projects - Dog collars are gone, wood carving coming. VCL Liaison Report - Nothing special. 7. Old Business: A. Director' s goals for 1991 - Motion to accept revision of Director' s goals for 1991, to wit. "to see that there is a variety of family programming available in 1991 as a demonstration of what we can expect from the new family programming effort. " S/P unanimously. B. Public Access Catalog - Director reported that WCL has hired a consultant who is studying the history and considering and • discussing options. Washington County has shown willingness to expedite. C. Programming and SPL Fund - Report in March. D. 1991 Union settlement - As noted above in Communications offer from Board was accepted by AFSCIIE. E. 1991 Salaries - Exempt employees - Document B. Motion to establish page wages: Entry $4. 25/hr; 6 mos. $4. 45/hr; 12 mos. $4. 65/hr. S/P unanimously. Motion to set Director' s salary at $47.800/yr. S/P unanimously. F. Meeting room policy - Document C will be available in March. G. ALA Conference - It appears that the SPL reorganization/ renovation will be recognized at the ALA Conference. Director asked to attend. Motion to rescind action in January re attendance at PLA and to allow Director to attend ALA. S/P unanimously. H. There is no item H. I. Possible cuts to the 1991 SPL Budget - The City has acknowledged cuts in funding from the State. The City Coordinator asked the Director to a list of possible cuts amounting to 2% of the 1991 Budget. Director offered Document E. Motion to ratify the document. S/P unanimously. 8. Rev Business: A. Friends of the Library - Discussed; more to come. B. Planning - Fide . zpre. C. Other - none. 9. Presidents Report - Offered copy of column (undated) by Joan Beck urging the the "Junior Great Books Read-Aloud" program for kindergarten and first-grade children. • 10. Directors and other staff reports - Director passed out her report. 11. Adjournment - The agenda items being completed and no other business being before the Board President Hansen adjourned the meeting at 8:36 pm. S Ma Natoli Wens Mewl NES Man Ba Meta Man • litaaacsn tea moan' Board of Trustees Minutes February 5, 1991 Present: Cass, Childs, Engebretson, Hansen, Kalinoff, Ruch, Schmidt, and Bertalmio. 1. Call to order: The meeting was called to order at 8:36 pm by President Hansen. 2. Minutes of the 1990 Annual fleeting: Minutes were read in their entirety by Secretary Childs. 3. Committee Appointments: Motion to approve the committee appointments as proposed by President Hansen. Seconded. Passed unanimously. 4. Adjournment - The agenda items being completed and no other business being before the Board President Hansen adjourned the meeting at 8:50 pm. 05ER Op ye. M \ / ® MINNESOTA WASTEWATER OPERATORS ASSOCIATION March 1, 1991 Mayor Walley Abrahamson Stillwater City Hall 216 N 4th Street Stillwater, MN 55082 Dear Mayor Abrahamson: • I would like to thank you for your cooperation in allowing the MWOA Metro Section to use the council chambers at the Stillwater City Hall on Thursday, February 21, 1991. It is very helpful to use facilities like yours. This helps to keep down the cost of our one day seminars. Thank you once again. Sincerely, 1%4- awrence W. Hiles MWOA Metro Section Chairman MAGNUSON & MOBERG ATTORNEYS AT LAW • 111E GRAND GARAGE&GALLERY 324 SOUTH MAIN STREET STILLWATER,MN 55082 David T. Magnuson Telephone: (612)439-9464 James I.Moberg Telecopier: (612)439-5641 February 25, 1991 Mr. Nile Kriesel Stillwater City Coordinator 216 North Fourth Street Stillwater, MN 55082 Re: Gambling Regulations Dear Nile: Since we took action to require a contribution from local gamblers, I have been looking for information that would be helpful to us in developing some controls. The only other city that has gone with the ten percent requirement is the City of Minneapolis. I obtained copies of the Minneapolis City Code that deals with charitable gambling and sets up the ten percent requirement. As you can see, this ten percent is in addition to the three percent tax imposed by the City. The contribution is made for the benefit of the Minneapolis Family Fund as defined in the Ordinance. You will also note that since Minneapolis requires a three percent tax, it requires a tax return to be filed on a monthly basis and therefore provides a ready and easy way to monitor the ten percent requirement. We must decide several things before we can effectively draw up the regulations. First of all, should a tax return be filed, and if so, should it be monthly, quarterly or yearly? Next, should we require a three percent tax in addition to the ten percent contribution for local lawful purposes? Also, who should administer the fund, Nile, Diane or Mary Lou? And, perhaps most important, how will the fund be used? It seems to me that these are all decisions for the Council, bu:: I am sure the staff would be happy to make suggestions. S The limitation on the expenditure of these funds is that it be used only for a "lawful purpose. " I enclose two pages from the Minnesota Statutes that define lawful purpose. As you can see, there is a wide variety of allowable distributions of this money. I await your direction before going further. Yours very truly, c6kAiLe-- David T. Magnuson DTM/cs cc: Wally Abrahamson Stillwater City Council Diane Deblon Mary Lou Johnson Enclosures r, j.:4,."' s.} ! 4f1• �t: t114} :xi.. Y - 1 Y 'K-• BINGO, GAMBLING DEVICES, ETC. §349.12 , :; winner. "Pull-tab" also includes a ticket sold in a gambling device known as 1- j •Q a ticket jar. ..t'''' '24 °flSubd, 11 "` r,.(a) .!I-awful:.purposes,,;means one::_or...more, of:the following R :, (1) any expenditure by or contribution to a 501(c)(3) organization, provid- ed that the organization and expenditure or contribution are in conformity ' F: with standards prescribed by the board under section 349.154; `` ,. (2) a contribution to an individual or family suffering from poverty, home- ,;I,' lessness, or physical or mental disability, which is used to relieve the effects ' 4i! ` '' of that poverty, homelessness, or disability; .('' A. (3) a contribution to an individual for treatment for delayed posttraumatic .' y stress syndrome, or a contribution to a recognized program for the treatment 1. -. of compulsive gambling on behalf of an individual who is a compulsive e g am g gambler; • (4) a contribution to or expenditure on a public or private nonprofit !-� ' ` `.• educational institution registered with or accredited by this state or any other rl," ,, z state; ,. • (5) a contribution to a scholarship fund for defraying the cost of education r+ to individuals, where the funds are awarded through an open and fair :j.. ; '. A,s• selection process; `'i f °` (6) activities by an organization or a government entity which recognize .'4 , ,.e humanitarian or military service to the United States, the state of Minnesota, Ail . or a community, subject to rules of the board; i „a 4. (7) recreational, community, and athletic facilities and activities intended ...- t. At., primarily for persons under age 21, provided that such facilities and activities #; "1/4,, ,`. do not discriminate on the basis of gender, as evidenced by (i) provision of equipment and supplies, (ii) scheduling of activities, including games and -' , 'K practice times, (iii) supply and assignment of coaches or other adult supervi- i a sors, (iv) provision and availability of support facilities, and (v) whether the ; opportunity to participate reflects each gender's demonstrated interest in the +.; 4T activity, provided that nothing in this clause prohibits a contribution to or �"`• ��. expenditure on an educational institution or other entity that is excepted from ' the prohibition against discrimination based on sex contained in the Higher ;'4 , `i Education Act Amendments of 1976, United States Code, title 20, section 1681; .4�� (8) payment of local taxes authorized under this chapter, taxes imposed by •', �� !k the United States on receipts from lawful gambling, the tax imposed by �p'e- section 349.212, subdivisions 1 and 4, and the tax imposed on unrelated .4 tf business y income b section 290.05, subdivision 3; x' tfi .. r (9) payment of real estate taxes and assessments on licensed gambling .jai,. s p premises wholly owned by the licensed organization paying the taxes, not to i, : exceed the amount which an organization may expend under board rule on j ': rent for premises used for lawful gambling; j I. (10) a contribution to the United States, this state or any of its political = ip subdivisions, or any agency or instrumentality thereof other than a direct r ib contribution to a law enforcement or prosecutorial agency; or i' �,; 341 ; r ,', ,,.:,,,, , . , , , , ,..,,,, , , ..,,, :t.',4 it31i t S. r • sY i POLICE REGULATIONS §349.12 sii s ' (11) a contribution to or expenditure by a nonprofit organization, church, ",' :.1 or body of communicants, gathered in common membership for mutual . „ H. , ' support and edification in piety, worship, or religious observances. kt " `` 1,;:,t� (b) Notwithstanding paragraph (a), "lawful purpose" does not include: 4' ' ii (1) any expenditure made or incurred for the purpose of influencing the `? � t nomination or election of a candidate for public office or for the purpose of a '� , t promoting or defeating a ballot question; . r , . ; `'-i',r '', , (2) any activity intended to influence an election or a governmental deci- E� '4<j' sion-making process; ' ,a �r� ,4 4,. (3) the erection, acquisition, improvement, expansion, repair, or mainte- , ,k 'Lit . nance of real property or capital assets owned or leased by an organization, 4 ✓ �. : ; except as provided in clause (6), unless the board has first specifically •tip K f;', F authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively.for one or more of the purposes in paragraph _ Y ; (a); (ii) with respect to expenditures for repair or maintenance only, that the ,4,7,y r ,4, j ; property is or will be used extensively as a meeting place or event location by °, fi��i, 1 other nonprofit organizations or community or service groups and that no � ' ' rental fee is charged for the use; (iii)with respect to expenditures, including'a :,, -} r, mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a compara xr ' '•, ble building, a building owned by the organization and destroyed or made iY Y d .uninhabitable by fire or natural disaster, provided that the expenditure may "` ' x r 4-,:i-,..., x,t,, t be only for that part of the replacement cost not reimbursed by insurance; or zap, , (iv)with respect to expenditures, including a mortgage payment or other debt 4 kv j; service payment, for erection or acquisition only, that the erection or acquisi "• ' = a a tion is necessary to replace with a comparable building a building owned by • _ t: ? , ' the organization that was acquired from the organization by eminent domain • v ,.x'I R or sold by the organization to a purchaser that the organization reasonably _, , a believed would otherwise have acquired the building by eminent domain, c` ' provided that the expenditure may be only for that part of the replacement �'. t i, cost that exceeds the compensation received by the organization for the t`�^ I.- , building being replaced; , ;' ; (4) an expenditure by an organization which is a contribution to a parent 'j . q,'',1; organization, foundation, or affiliate of the contributing organization, if the ' parent organization, foundation, or affiliate has provided to the contributing is 4�k ills organization within one year of the contribution any money,grants, property, � x °; ' .1;l'- ,: or other thing of value; d' (5) a contribution by a licensed organization to another licensed organiza ,,, et k . j i', a; .: tion unless the board has specifically authorized the contribution. The board Ili 1 must authorize such a contribution when requested to do so by the contribu gy, ar , .`� ' ting • organization unless it makes an affirmative finding that the contribution 13; d t ., . m i ,. �; _ i, ` t`t will not'be used by the recipient organization for one or more of the purposes �.y 3 i` in paragraph (a); or ' '., (6) the erection, acquisition, improvement,or expansion of real property or ,,4t 4�, capital assets which will be used for one or' more of the purposes in il 342 Y m .4t ii 4i gx .:K $�1 : `i ,1ii' girl T i 5 ,.`,1",,, , ,,,* , k { ,er - i, g Z • • 0 (1) • CHAPTER 268 - LAWFUL GAMBLING 268.10. In general. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349 shall be operated in accordance with the conditions prescribed in this chapter and other applicable provisions of the Minneapolis Code of Ordinances. (87-0r-006, s. 1, • 1-23-87) 268.20. Notice; • approval or disapproval. .The Minnesota Charitable Gambling Board shall notify the city council in writing in the manner required by law of each pending application for a charitable gambling license at least thirty (30) days before issuing or renewing the license. • Each pending application for ,a license shall be approved or disapproved. by resolution of the city ' council. (87-Or-006, s. 1, 1-23-87) 268.30. Authorized forms of gambling. All forms of lawful gambling may be approved by the city council subject to the terms and conditions of this chapter and all provisions of statute. (87- Or-006, S. 1, . 1-23-87; 87-Or-168, s. 1, 9-11-87; 88-Or-005, S. 1, 1-15- 88) 268.35. Location. Lawful gambling under license issued by the Minnesota Charitable Gambling Control Board may be conducted only at the following locations: (a) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other .property• for the purpose of conducting gambling, except an on-sale establishment as permitted by this chapter; • (b) In licensed on-sale liquor, wine, and beer establishments; 0 • (c) Notwithstanding subsections (a) and (b) •above, Class D (raffle only) licenses may be approved for any proper location; • I (d) No location shall be : approved . for gambling sinless it complies with the applicable zoning, building, . fire, and health • codes of the City of Minneapolis. (88-Or-005, s. 2, 1-15-88) • 268.40. Conditions. The conduct of lawful gambling under license issued by the Minnesota Charitable Gambling Control Board shall be • subject to the following conditions in the City of Minneapolis: (a) No sale, consumption, *or;•possession :of liquor, wine, or 3 .2• beer shall be permitted during gambling conducted by a'licensed organization; except as permitted .under_ a valid on-sale liquor, wine, or 3.2 beer license, or a bottle club permit; provided • • • • •(2) • further that no sale, consumption, or possession of liquor, wine, or 3.2 beer •shall be permitted in the room where a bingo session is taking place. • (b) No organization shall be eligible for a gambling license unless, for the three (3) .years immediately preceding the date of application, it has had• an office in the City of Minneapolis, and demonstrates that. during that period it has performed substantial • services within the City of Minneapolis or on behalf of residents of Minneapolis. (c) No more than one hundred four (104) bingo occasions each year and two (2) bingo occasions each week shall be conducted by • any organization. - No person who leases premises to two (2) or more organizations for purposes including the conduct of bingo shall allow more than two (2) bingo occasions to be conducted on the premises in any week. • (d) No organization shall hold .more than three (3) gambling - licenses for locations in the City of Minneapolis. .(e) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the City of Minneapolis that person must have satisfactorily completed a course of .instruction conducted by the Minnesota. Charitable Gambling • Control• Board on the duties and responsibilities of the gambling manager. (87-Or-006, s. 1, 1-23-87; 87-Or-168, s'.• 2, 9-11-87; 88-Or-005, s. • 3, 1-15-88) '268.50. Investigation. Every organization which •files an application for issuance or renewal of a' charitable gambling license shall deliver the application td' the department of licenses • and consumer services as the designee of the city clerk. • The department of licenses and consumer services and the police license inspector shall investigate each application and report their findings and recommendations to the city council. (87-Or-006, s. 1, 1-23-87; 87-Or-168, s. 3, 9-11-87) • 268. 60. Permits for exempt organizations.under Minnesota Statutes Section•349.214. Every organization seeking to conduct charitable gambling which .is exempt from state licensing under Minnesota .Statutes, Section 349.214 shall obtain a permit issued by the city council, subject .to the following conditions: • • (a) The organization shall pay a permit fee of fifty dollars ($50. 00) per day; • • (b) • Permits for all classes :of gambling activities may be approved; • • • • • • • • • • • (3) O (c) Charitable gambling by an organization exempt from licensing under Minnesota • Statutes, Section 349.214 may be conducted on the. premises of a licensed on-sale. liquor, wine, or • beer establishment, or a bottle club subject to the• restrictions in this chapter relating to the conduct of gambling in on-sale establishments and bottle clubs; • (d) Except. as provided in subsection (c) above, the sale, consumption, and possession • of intoxicating liquor at a gambling event by an exempt organization shall be prohibited, .however, 3 .2 beer•may be served and consumed only under a valid temporary on sale beer license; • (e) The organization shall comply with all statutory requirements for an exempt organization, including the thirty. (30) day notice requirement to the City of Minneapolis. The city council, when granting a permit to an exempt organization, may waive the thirty (30) day notice requirement. (87-Or-006, s. 1, 1-23-87; 87-Or-168, s. 4,. 9-11-87; 88-0r-005, s. 4, 1-15-88) •• 268.70. Filing of records; inspection; access to records. (a) Every organization licensed to conduct gambling in the • City of Minneapolis shall file with the department of licenses and consumer services copies of all records and' reports required to be . filed with the Minnesota Charitable Gambling Control Board pursuant to Minnesota Statutes, Chapter 349 and the rules and regulations promulgated thereunder. The records and reports shall be due at the same time they are due 'to the board; (b) Every gambling event in• the.City of Minneapolis conducted by an organization under Minnesota Statutes, Chapter 349,. shall. be ' open to inspection by officers of the Minneapolis Police Department and employees of the department of licenses and consumer -services; (c) ' Employees of the police license inspector.and department • • of licenses and consumer services may inspect, .at any reasonable . time without notice or search warrant, all records of a licensed organization; including gambling account and other 'bank records, required by the Minnesota Charitable Gambling Board to' be maintained and preserved. (87-Or•-006, s. 1., 1-23-87; .88-Or-005, 's. 5, 1-15-88) • • 268.80. Lawful gambling at on-sale . establishments. . Lawful • • gambling at on-sale liquor, wine, and 3 .2 beer establishments shall be conducted in compliance with the following regulations: • (a) Only Class B and Class.D gambling licenses may be' issued, except where the licensed gambling organization also holds the on- , - • sale liquor,. wine, or 3.2 beer licenses for the premises in which case any class of gambling license.may; be issued; • • • • • (4) (b) on-sale. establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No . lease shall be made with one organization while another lease is in effect for the same on-sale establishment; (c) Every agreement between a nonprofit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms . of this ordinance; (d) A copy of any lease agreement between a nonprofit organization and an on-sale licensee shall be filed with the director of licenses and consumer services with the gambling license application; (e) A lease agreement between a nonprofit organization and an on-sale establishment shall not provide for rental payments based on a percentage of receipts or profits from lawful gambling. There shall be no other compensation paid to the on-sale • establishment, directly or' indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be six hundred dollars ($600. 00) per month; (f) All gambling shall be conducted from a booth, or other area properly segregated from the. rest of the licensed premises. The physical' layout of the area set aside .for gambling shall be subject to' the approval of the police license inspector; (g) The gambling booth shall be 'constructed and maintained by the organization licensed to conduct gambling, and shall be under the exclusive control of that organization. The organization • • licensed to conduct gambling shall prominently display its name at its gambling booth and shall ,indicate that all profits from gambling are for the benefit of the organization; (h) No employees or agents of the on-sale establishment shall handle gambling devices, gambling money, -prizes, or gambling records,. nor shall they record winners,' replays, or free games, nor shall they otherwise conduct, or assist the licensed gambling organizations in conducting, the gambling operation; (i) • No person shall be jointly employed by both the nonprofit • organization and• the on-sale establishment; (j) The gambling-booth •'shall./be separate from the liquor service bar.. No gambling shall be conducted from the liquor service bar: • • • • (5) . (k) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is . not present, all gambling .devices, money and records shall be securely locked and shall be inaccessible to employees of the on-sale establishment; - (1) No gambling funds shall be commingled with funds of the on-sale establishment; (m) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances; (n) . The• on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business.• hours, and shall prohibit gambling at any time other than its lawful business hours; (o) The on-sale licensee shall' make no agreements with any gambling equipment. distributor. requiring the use of his or her gambling .equipment in the establishment. (p) ' Subsections 268.80 (f) , (g) , (h) , (i) , (j) and (k) shall not apply when the licensed gambling . organization is also the holder of the on-sale license for the establishment where the III gambling is conducted. (q) • The city council may disapprove a gambling license application for an 'on-sale establishment in which gambling `violations have previously occurred. (88-Or-005, s. 6, ' 1-15-88) • 268.90. Reserved. • 268.100. Local .gambling tax. (a) There is hereby imposed a tax on all lawful gambling conducted in the City of Minneapolis by organizations licensed by the Minnesota Charitable Gambling Control Board at the rate specified in this section. . (b) ' An organization's •receipts from lawful gambling that is exempt from licensing under Minnesota Statutes, section 349.214 are not subject to the tax imposed by this section. (c) On all lawful gambling the tax is. three (3) • percent of the'gross receipts of a licensed organization from lawful gambling less prizes actually paid out, •payable' by the organization. (d) .s , The 'tax imposed by this section shall be paid on a .monthly .basis and shall be- reported on ..a duplicate copy of the gambling . tax return's filed with 'the' Minnesota':.Charitable Gambling • Control Board each month. The report shall. be an exact duplicate • 4 T 1 - - • • • • (6) of the report filed with the Minnesota Charitable Gambling Control 0 • Board, ' without deletions or additions, and must contain the signatures of organization officials as required on the report form. The tax return and payment of the tax due must be postmarked, or, • if. hand-delivered, received in the office of the department of licenses and consumer services, on or before the twentieth (20th) day of the month following the month for which the report is made. .An incomplete tax return will not be considered timely filed unless corrected and returned by the due date • for filing. Delays in mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and tax payment shall be delivered to: Police License Inspections Unit • Attn: Gambling Taxation • 350 South 5th Street • City Hall - Room 1A Minneapolis, Minnesota 55415-1314 Checks shall be made payable to: Minneapolis Finance Office - • • . (e) There shall be an interest charge of eight (8) percent per annum on the unpaid balance of all, overdue taxes owed by an -organization under this section. (f) The city council.shall disapprove any pending application for renewal or original issue of a charitable gambling•license for any organization which owes delinquent gambling taxes to the City of Minneapolis. Further, the director of Licenses and Consumer • Services may notify the Minnesota Charitable Gambling Board of any organization owing delinquent gambling taxes to the City of Minneapolis, and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent gambling taxes to the City of Minneapolis. The above remedies are not exclusive, and .shall 'be in addition to any other powers and remedies provided' by law: (87-Or-168, s. 5, 9-11-87) . • . •' Section 1. That the above-entitled ordinance be amended by adding thereto a new Section 268. 110 to read as follows: - • 268':110. CoatributioiiofNetProfits, toMinneapohi's' Family Fund (a) Beginning May 1, 1990, every non-qualified =organization• • •• • • • ' . • • (7) • licensed by the Minnesota Gambling Control Board to conduct .gambling in the .City of Minneapolis shall contribute at least ten percent (10%) of its net profits from gambling to the Minneapolis . Family Fund established in Section 268.120 of this Code. Net profits means profits less amount expended for allowable expenses. (b) . A "qualified organization" is an organization which has attained 'tax-exempt status under Section 501(c) (3) of the Internal Revenue Code by having: • (1) filed written application for tax-exempt status in the manner required by the Internal Revenue Service; and • • • (2) received written approval of tax-exempt status under Section 501(c) (3) from the Internal Revenue Service; and (3) filed the documents referred to in (1) and (2) above with the Department of Licenses and Consumer Services; and • (4) filed with the Department of Licenses and Consumer • Services an affidavit, signed under oath by an officer of the organization, verifying that the • organization has tax-exempt status under Section 501(c) (3) and that such status has not been revoked • or otherwise cancelled. An affidavit shall be filed at the time the organization. originally applies to • be a qualified organization and with each subsequent application to renew its gambling license. A "non-qualified-organization" is any organization which is .not a qualified organization. . (c)' Payments of ten percent '(10%) of net profits shall be made on a •monthly basis. Payments shall be due on the date upon which duplicate monthly Minnesota gambling tax returns and taxes are due to the City of Minneapolis for the previous month's • gambling activity under Section 268.100. ,Payment shall be made by separate check made payable to: •Minneapolis Finance Officer - Family Fund. Payment shall be remitted to the Department of Licenses and Consumer Services, accompanied' by the duplicate . Minnesota Gambling• Tax Return and schedules for the monthly reporting: period covered.•(d) The City Council shall disapprove any pending application for,::renewal or. original issue of: a lawful gambling license for any non-qualified-organization which fails to contribute ten percent (10%) of- net `profits to the Minneapolis Family.'Fund as required by this sect�on� Further,. the ' 'director. of licenses and consumer • services may notify the Minnesota Gambling Control ' Board of any • • • • • • (8) • non-qualified organization which failed to contribute ten percent 0 (10%) of its net profits to The Minneapolis -Family Fund, and may request that the Board revoke or suspend the organization's license during the license year. The City Council, shall not issue or renew, and may revoke or suspend, any on-sale or off-sale 'alcoholic beverage license, bottle club permit, or food license for any non-qualified organization which has failed to contribute ten percent (10%) of net. profits to the'Minneapolis Family Fund. The above remedies are not exclusive, and shall be in addition to any other powers and remedies proyided by law. Section 2. That the above-entitled ordinance be amended by adding thereto a new Section 268.120 to read as follows: • . '268.120. Minneapolis `"Family- Fund�Established:) (a) There is hereby established a Minneapolis Family Fund (the "Fund") . The Fund is created pursuant to Minnesota Statutes, Section 349.213, Subdivision 1, to collect, ,administer, and disburse ten percent (10%) of the net profits derived from lawful gambling; (b) . The purpose of the Minneapolis Family Fund. shall be to enhance and improve the quality of life for Minneapolis families. The Fund will provide financial resources to programs located within the City of Minneapolis which enhance the developmental, economic, health, cultural, recreational, and educational • opportunities for all family units and family members. M (c) The Fund shall be administered by the Director of Licenses 'and Consumer- Services. (d) No costs of. administration shall be charged to the Fund. All proceeds collected shall be disbursed under the provisions of this section. (e) Disbursement of Funds. Proceeds in the Fund shall' be disbursed in the following. manner: (1) .Twenty-five percent (25%) to the Greater Minneapolis Day Care Association for day care needs within the . City of Minneapolis; (2) . Twenty-five ••percent (25%) to the Minneapolis . Community Clinics for health care needs among family . members of all ages within• the City of Minneapolis; (3) Twenty-five percent (25%) to Parents .In Community . . Action (Head Start) for early childhood education needs within the City of Minneapolis;-% (4) . Twenty-five, percent (25%) to discretionary .' •• • stributi • • di ons which further the mission and purpose :• . . . • • (9) of the Minneapolis Family Fund as described in the statement in subsection 268.120(b) . These distributions shall be allocated by the City Council at the time the CDBG budget is adopted annually. • Organizations licensed to conduct lawful gambling . in the City of Minneapolis shall be eligible. The Director of Neighborhood Services shall issue a Request for Proposals for the distribution of these funds, based upon the mission statement in subsection 268.120(b) . Upon receipt of all proposals, the Director of Neighborhood Services shall recommend one or more organizations to receive distributions. In taking recommendations, the • Director shall consider the services provided by other Minneapolis Family Fund recipients, to insure that all areas, of the city benefit from the Fund. Services to elderly residents shall be considered eligible. (f) Distributions from the Minneapolis Family Fund shall qualify as lawful purpose expenditures under Minnesota Statutes, ' Section 349.12, Subdivision 11. _ • (g) As a condition of receiving distributions from the Minneapolis Family Fund, each recipient organization shall maintain AI) on file with the department of licenses and consumer services: (1) Verification of nonprofit status, copy of organizational bylaws, and articles of incorporation, if applicable; • (2) Current address; • (3) List of officers and directors • (4) Previous year's budget and financial statement; (5) Current balance sheet and income statement; • (6) 'A statement explaining how. funds' .received from the Minneapolis Family Fund will be used. • •(h) • Every organization which receives funds from the . Minneapolis •Family. Fund shall file an annual accounting indicating how the funds were spent. . . • '. . (i) Every • organization which receives funds from the • Minneapolis Family Fund shall be deemed to have consented to an audit of its books and records by the City of Minneapolis to verify : the proper use :of the: funds received. • 411. • • • News—2 .>\ Gaming April/Mao ZS • Licensing Briefs Licensing Information • .`• , by Deb Mishler, Licensing Section, Gambling Control Division • Mail license renewal applications in Effective July 1, 190,the following policy will be implemented as a resu early decisions made by the Federal Government causing some organizatio • License renewal applications are lose income tax exempt status. The policy also affects those organizatt mailed to organizations 145 days by the : who have previously proven their income tax exempt status via a natio Gambling Control Division in advance • exemption letter. Organizations will be required to submit the following inf of the expiration date of the license. ••'. mation with new applications or license renewals: • ' ; 1. information which proves that the organization(not the national organi: Organizations are encountering prob- tion) •is currently income tax exempt, or • lems when delaying the completion of 2. currently incorporated as a nonprofit organization on file with the Mini license renewal application including: sota Secretary.of State's office. -inadequate time allowed for process, .... * ' ing of the application and obtaining in- This information must show that the organization has been in existence• formation a minimum of 3 years as: . • •gaps in the effective date of the license : 1. an income tax exempt organization,or ' • •shutdown of gambling.operations ` 2.a nonprofit incorporated organization as filed with the Minnesota Secrete r f: of State office. . Completing and returning the renewal application as soon as possible to the • Gambling Control Division will help to , CHARTERED ORGANIZATIONS • solve those problems. Chartered organizations must submit the following information as proof c ??::�;;::f. :<:<::«:;::?:'::??:,::::;,.;:::::,:;:::?:':4:; ::<:::::::::::;>::?::::;>:::::: ::..;:.: years existence as :. >::.::. >..::.:.:.:::,.:.>.:?s::::....::::::::.;:. ;r:;•::.;.:>:...:::X;; Y a nonprofit organization: RequtriV'ralYach nOr tst 'tt �rene;wal�'��; • • �' 4? K.ire;: :�4,::::::::::"ti:::;53.;'??:?::e•$:i:•:•:.is•:is:•;::•::�F+r::�:�'`'4iS•r:e :lf cattgEr <; ..�,,>:;tai..r,?...:?.;: .::?Y:f>.<: ::;,:::: >:: .?? 1.fw >:::.�-�,:.m: h:<.i The articles of in• <;::a:.,>;: :::: :>?::::� ,..;.,r:::�;:: corporation musts ecif ouror anization,not •• P YY g i`=Re ie 't wEautua`?`1990 ii s;::e�• -: . ;:T:2A::::w' •:•fits : b,ii ; ii national o�('�anization. • A/ tr [���.�-�y yj :i`',•;}?1i:?�v,?u`�,.�(r~J`•L•J?�evyJ•�<.: �u.:•'•..th::� :•:j�:>i �.7 ?.`vT!r• J:?th•X:•. atn!}::;•`'.. d�V..::Ior :'•`atosti.9f:�.J.a`.v;:: ir:'ed`att himeptstothe erfe al' .'pir ' :, '?::::::?;,;::::::;: :;<;: :::ftigo»,;:;; ::::: ;:?::<::r..:�: :?wia In addition, the following must be provided: v:•t:•:::v-.?:::<:::::.?::::::::�•�::<.::�::'_>•<•>0 a certificate of good standing which is dated within the last yr from the Minnesota Secretary of State's office and shows that y • Reporting*Illegal activity organization is still recorded with the Minnesota Secretary To report violations of rules,contact the State's office, shows the'date your organization was original Gambling Control Division(Department . .formed and filed with the Minnesota Secretary of State,and shov, of Gaming) at 612/297-5300. , • -a minimum of 3 years of existence as a nonprofit organization. • • To report illegal gambling or theft, - • OR • • ' contact the Gambling Enforcement . • • • . Division(Department of Public Safety.at . •a current copy dated within the last year of the letter from the If 612/643-3006. which states that your specific organization, not the nation • • • organization, is exempt from income tax. Also submit a copy • •• your oanization's charterwhich shows that your organization ii . been a subdivision•of a national organization for a minimum of • years. • • • If you do':not have a letter from the IRS showing that •yoL organization, not the national organization, is income tax exemi, ' . ' . . :. • you may submit a current copy of the letter from the Minneso • • • .. • •• =:Department of Revenue which is dated.within the last year an ,;:states'that your organization, not the national organization, . • •exempt from income tax.' • • •• I• • . :•: , •continued on page 3 • . i.r 1. xw:t.r°.i Gaming News-3 . April/May 1991 Licensing information - continued f rom page 2 ' • • NON-CHARTERED ORGANIZATIONS "'" �'��''''""""`: iE::< a:r..`T.A:✓.:%////.f i,''.w°:J.Q'/%idelei'c`::c•::.:Y.,'n`lwiiJ`..fJsY:r.'lSi';. Organizations which are not chartered from a national organization must submit the following as proof of three years existence as a nonprofit organization. Manufacturers whose •A certificate of good standing dated within the last yearfrom the Minnesota license has expired or Secretary of State's office which shows that your organization Is still been discontinued • recorded with the Minnesota Secretary of State's office and is in good 3M, St. Paul • • standing;shows the date your organization was originally formed and filed Free States Products, 1 .. with the Minnesota Secretary of State,and shows a minimumm of 3 years Baltimore, Maryland existence as a nonprofit organization.• OR • Bingo halls whose • ., license has expired or • •a current copy,dated within the last year,of the letter from the IRS or the •1 been discontinued • Department of Revenue which shows that your organization is currently Knights of Columbus Hall, exempt from income tax. . . . .* ax. ' St. Louis Park ' • '' Two Harbors Community -plus,a Ietterfrom the IRS or the Department of Revenue which shows that , Club your organization has been in existence as an organization which is -Little Falls Mustang Lounge . exempt from income tax for a minimum of three years. . • _: •New distributors When submitting proof of income tax exempt status, DO NOT send information . Games Inc, Brainerd .� regarding sales tax exempt status or federal I.D. employers numbers. That :" Gopher State Gaming, . information does not provide proof of income tax exemption. . '' Bloomington • • Distributors whose . If you do not have the necessary proof required above,the addresses listed below license has expired should help you to obtain the required Information. 3M, St. Paul . . , • PBS(Pulltab &Bingo To obtain a copy of the federal income tax exempt letter,send yourfederal ID number • Supplies, Oakdale and date applied,to: Quality Systems, Duluth IRS • • DPN22-2 • • • Distributor suspended • ATTN: EO Branch In an agreement reached • PO Box A-3290 . • with'the Compliance Review Group of the Gambling Chicago, IL 60690 Control Board, Henry's•• Candy of Morris, Minnesota To obtain a copy of the state income tax exempt letter,send a copy of the federal tax gambling suspend sales of pY p PY gambling equipment for one exempt letter to: ; week beginning April 29 . Minnesota Department of Revenue . • . • through May 5, 1990. Henrys Candy was also Mail Station 4453 fined $500 for two violations • St. Paul, MN'55146-4453 • • • of sales to an organization . . • ;.; whose license had expired,• To obtain a copy of the nonprofit incorporated status filed with the Minnesota : for a'total fine of$1,000. Secretary of State, .write or call: • • • •f 990T tax Info• • Minnesota SecretarYof•State . ' • . •.1; .Call Jim Scully at the IRS. • IBusiness Services Division :• • • •• / 612/290-3011. • 180 State Office Building • • ' St. Paul, MN .55155.:- -, Federal excise tax Info• .e+cr.e.,•. " • - - Call Mark Fischer at the 6121296-2803 „m, r;,r �^s- rye;:_ '� • •t.,:;.,wrtma� rn;'1. .: :: 4VAA w, ..--, ....,'' �.0 . . IRS. 12/290-3850 Notify the Gambling Control Division of any change of your nonprofit status. • • 't .f as ociation of metro olitan municipalities p March 1, 1991 TO: Mayors, Managers/Administrators and Legislative Contacts FROM: Roger Peterson, Director of Legislative Affairs A. GOVERNORS BUDGET ANALYSIS 1991. The Governor has proposed reducing city/county LGA/HACA by an additional $50 million to be taken from the December 1991 payments. City share is about $21 million or an additional two percent plus of base which is equal to the Budget I July LGA/HACA cuts. This recommendation has a high probability at the legislature since it will be viewed as reducing cash flow or reserve dollars for 1992 • rather than services for 1991. There is also a recommendation by the Governor to move to a three time or quarterly property tax payment system which would provide payments to cities earlier thus reducing the amount needed for cash flow. 1992 and Beyond. The Governor has recommended two basic elements in revamping the property tax system. One, a state budget balancer, the other, a major overhaul of the property tax classification system. The AMM has commissioned a statistical analysis of the overall budget proposal and has some startling preliminary results. But first a brief explanation of the proposals which are not dependent upon each other. Aid Cuts. The Governor has recommended that all Homestead and Agricultural Credit Aid (HACA) and Disparity Aid be eliminated and that the $342 million Local Government Aid (LGA) including Tax Base Equalization Aid be reduced to $176 million. This cut equals $639 million, although when combined with Budget I (July cuts) and current law reductions from 1991 to 1992, the total cut equals $753 million. The $176 million in LGA will be distributed partially as categorical aids to large cities and partially to other cities by some yet to be developed formula. In addition, $189 million is added to the circuit breaker to provide a safety net for property -1- `-y 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 tax increases to the poor. It is not clear if this safety net is needed primarily due to aid cuts or the classificaiton system change. The LGA/HACA cut effect varies dramatically from city to city and from Metro to Outstate. Obviously the impact on a city receiving no LGA or HACA is nil whereas cities having a 75 to 80 percent reliance will have some very significant problems. Again, the impact may be somewhat mitigated depending on what type of distribution formula is used for the $176 million remaining LGA and the circuit breaker. Initial results for AMM cities based on some assumptions for an LGA distribution and county HACA offset shows a range of increases in city tax from a low of 1.5 percent increase to a high of 120 percent increase. The range of total property tax increase is 1.6 percent to 29 percent. These increases indicate only the impact of LGA/HACA cuts and do not reflect increased spending. Classification System Change. The proposal includes a return to the mill rate system using market value as taxable value based on the following: Farm property taxed at 25% of Market Value Homesteads plus rental (3 units or less) taxed at 50% of Market Value Apartments (3 units or more) • plus protected C/I at 75% of Market Value Commercial/Industrial at 100% of Market Value. The system could be equated to the current system as a 1,2, 3 and 4 percent tax capacity rate. This proposal has two major impacts; it immediately doubles the tax capacity of all homes under $68,000, and cuts large C/I property by 20 percent. However, when coupled with LGA/HACA cuts the impact is for greater for many cities. The increase for lower valued homes is up to 133 percent in•the metro area and over 260 percent in some greater Minnesota Cities. The general range in the metro area is a 105 to 120 percent increase for lower valued homes, a decrease of 16 to 20 percent for C/I, a decrease of about 12 percent for apartments, and a decrease in homes valued over $178,000. Recap of Governor's Proposal. -December LGA/HACA cut $21 million as was July LGA/HACA -HACA eliminated -Disparity aid eliminated -LGA cut from $313 million to $176 million Distributed based 1/2 on categorical to large cities and half on some new need based formula -Levy Limits repealed in 1992 -Class rate changes based on Market Value Farm property - 25% of market • -2- Homes and small rental - 50% of market Apartments and protected C/I - 75% of market Commercial/Industrial - 100% of market - $189 million added to circuit breaker - Study/Consider; Increased number of property tax payments to make funds available sooner to cities. Fees on tax exempt property New revenue sources B. ACTION What is AMM doing? The AMM is continuing to support and lobby the membership adopted policy including preservation of an LGA/HACA program, elimination of levy limits, elimination of the homestead third tier classification, and property tax reform in moderation. AS INDICATED, THE AMM HAS PREPARED AN ANALYSIS OF THE GOVERNOR'S PROPOSAL AND WILL MAKE INDIVIDUAL CITY RESULTS AVAILABLE UPON REQUEST. (partial analysis attached) . We are continuing to inform legislators, news media and others that cities have not caused the states budget problems. City employment has decreased seven percent per capita over the last decade while spending has stayed within inflation. County spending and employment is up nearly 20 percent per capita, school spending is . up 22 percent per pupil, and state employment is up 11 percent per capita. City aid has decreased as a percent of state budget to less than 5%. While Minnesota State and Local government spending in total ranks fifth or sixth nationally, Minnesota cities are at or below the 'national average for most service catagories. Aid to cities, general revenue, spending, and employment in the last two years has either been well below inflation or decreased in actual numbers. CITIES ARE NOT THE PROBLEM. CITIES HAVE BEEN PRUDENT, CITIES SHOULD NOT BE THE CURE. CITY SERVICES ARE PEOPLE SERVICES AND ARE ESSENTIAL. Along with the 'people services' video and the budget analysis, the AMM is currently preparing op-ed releases for local newspapers. What Should You Do? To whatever degree possible tell your constituents what the impact of the Governor's proposal is in terms of tax increases (more than double up to $70,000 market value homestead) or service cuts to offset large tax increases. Call your legislators and register your concerns with the Governor's proposal. Do keep in mind that this is the first salvo in the budget game, but it is a powerful shot which cannot be dismissed out of hand. If implemented, it would cause significant property tax shifting. To develop counter proposals the legislators need to hear from city officials and constituents. Regional hearings have been scheduled -3- (see below) which may be held in or near your community. If they are try to attend and testify. Do not hesitate to call Vern or Roger at the AMM (227-4008) if you need any further information. C. WHAT GOT CUT - REMINDER Recently the AMM requested member cities to let us know what you did or are doing to resolve the 2 percent of base cuts under Budget I to help us in our lobbying effort on Budget II. We are still interested if you haven't already responded. D. Hearings House Property Tax Subcommittee Rep. Edger Olson, Chair, phone 296-4265 Richfield City Hall - 7:00 P.M. to 9:00 P.M. Wednesday, March 6, 1991 Crystal City Hall - 7:00 P.M. to 9:00 P.M. Thursday, March 7, 1991 House Appropriation Economic Development Division Rep. Jim Rice, Chair, phone 296-4262 Chaska 9:00 A.M. - 11:00 A.M. (location unknown - call for schedule) . Friday, March 5, 1991 Senate Finance may also hold hearings, but have not yet set a schedule. E. DISTRIBUTION NOTE: This bulletin has been mailed individually to member Mayors, Managers/Administrators, and Legislative Contacts. • -4- . x }4 24 ,t W AM. N .3OOx N M dd u V 41 at M 24 • Nx ^ y 4 C NYO. f.. -P. .0NP N 040 iC00 Y P\ L Ltq A.O Am 1...:1...:..003 0 10JP 'AOa0a0 AWWW•O 064000606 00A^ O i a 04 ^•-Al r N.■r.- .-N vo .-r r. 1■ NI O d u p . - p o a N N M...M'O Na k.. .man(4 '00600 V 0N� APAM 4000O W III ■ 0 M Vin MO WO MP V tlJ Otl Nu1V. f NN V tr M V J N/A tl n 0.J M O •I 000 M 0 14 iA.O A 0.0.64 0 V. A J 1R.O M n 0.A � . M n A N Y p a 6 0410601,,C0600.61P 6004Pp O 000.OP 2600060 2400.6004 01661540p060 000MppA 0 v006400 . v N00 NMNN 0100.- 640000 ■ N ...r so 44 44 M v N N O M Y N NN* A. 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L F M U0 N : >. at 0C >o<t g OW• q W x W 0 61•-W �.aaZ N J 3 IL <<W 6 LY.. J 2 J 0.•K CD 46 4 W W 1- J 6 I- y 0 'O gg V(OJ ••.6HN W HJ W_ 'J 6 W.+ N P. 01 Z L 42 m••. 0'0 O S 400812 Ul W S' 13 aO>W S 2�4.q m J O V • N 44 2 .- 2 NI T O N S01 W W Z 2222 d 65 00 01H .4 4-U '33app� 50Nt--. 1q upppNN .�qq `` g1 C a W U =2222 0000.0. 010101 KC 4444444,10 NNNN 4H1,j3 Qj • Y Y of Minnesota Cities League o i esota t es 183 University Ave n ue East a 1 MN 1 51 Paul,St. 5 0 February 25, 1991 TO: Mayors, Councilmembers, Managers/Clerks FROM: Donald A. Slater, Executive Director Cities are bearing the brunt of Governor Carlson's budget cuts! Over the state's 1992-1993 biennium, he proposes to cut $313 million from state aid to cities. Cuts of this magnitude are unfair; the Governor's proposal addresses the state's budget shortfall by using local property taxes to raise additional revenues. The League has already notified many cities of the six field hearings being held by the House Tax Committee in Greater Minnesota on Wednesday, February 27 and Friday, March 1. In addition to these hearings, we have now learned that both the House Local Government and Metropolitan Affairs Committee and the Senate Taxes Committee have now also scheduled field hearings. III Many city officials have made the special effort to participate in the hearings conducted by the House Tax Committee. Each of the other committees are also hoping to receive comments from cities on the proposed budget. We understand the time limits which you all face. However, the opportunity for cities to present their views to legislators at these hearings is invaluable. . The League has been told that legislators will view these field hearings as your special chance to communicate your opposition to the proposal to make drastic cuts to state aid. It is vital that your city is represented at this hearing. THE LEGISLATURE HAS CLEARLY STATED THAT THIS IS THE OPPORTUNITY FOR CITIES TO TELL LEGISLATORS ABOUT THEIR OPPOSITION TO THE GOVERNOR'S CUTS TO STATE AID TO CITIES. WE URGE YOU TO ATTEND THE HEARING AND TO MAKE IT CLEAR TO THE COMMITTEE THAT THE PROPOSED CUTS ARE UNFAIR AND SHOULD NOT BE APPROVED BY THE LEGISLATURE! LEGISLATORS WANT TO HEAR THE TESTIMONY OF INDIVIDUAL CITIES. THEY WANT TO HEAR YOUR ASSESSMENT OF THE DAMAGE THAT SUCH PROPOSED CUTS WOULD CAUSE. IF THEY DO NOT HEAR FROM CITIES, IT IS LIKELY THAT THEY WILL INTERPRET OUR ABSENCE AS A LACK OF CONCERN AND OPPOSITION. The following are some of the components of the Governor ' s proposal: N -1- �� * December aid payments will be cut by approximately $21 million. This cut would be in addition to the cuts which will be made to cities ' July aid payments. It is expected that these cuts will be made in the same way that the July payments were cut by the earlier budget which was passed by the 1991 Legislature. (See Cities Bulletin #2, January 18 , 1991 for the calculation of the July aid cut for your city. ) * The proposal would eliminate H.?C_ in 1992 --- $162 million for cities. Disparity Reduction Aid would also be eliminated -- $14 million for cities. LGA is proposed to be cut by an additional $116 million. Although the proposal is not specific, only $176 million appears to remain in state aid to cities. * The combination of previous expected aid cuts and these cuts, property taxes statewide are expected to increase by 25 - 30 percent. * The Governor ' s proposals have not been presented in bill form, nor are the specifics of his recommendations available in any specific form. The Legislature will play a major role in deciding the size and process of any aid cuts. * The proposal also includes substantial changes to existing class rates. Combined with the drastic aid cuts, altering the class rate structure will sharply increase property taxes on lower-valued homes. The attached materials are intended to provide you with additional information on the Governor' s proposal. Information is also included in the Cities Bulletin # 7 . Please contact either Sarah Hackett or John Tomlinson at (612) 227-5600 if you have any questions about your comments to the legislative committees. We also urge you to contact members of your business community to urge them to also attend the hearing. The committees should also hear from any employee groups in your city and their concern about the affects of the aid cuts. Members of concerned civic organizations (Friends of the Library, hockey-parents associations, senior citizens groups, etc. ) should also be urged to respond to this opportunity to reject the proposal of these aid cuts. Cuts in aid to cities WILL affect spending for your citizens and are likely to result in layoffs, limited hours, or unfilled vacancies. We regret the short notice that we have been given of these hearings. Additional hearings are also being scheduled at this time. All five of the divisions of the Senate Appropriations Committee plan to also schedule meetings around the state. We will notify you as soon as the locations and times are determined. We hope that the severity of the situation will enable you to make • this a priority for your city. -2- HEARING SCHEDULES House Local Government and Metropolitan Affairs Committee Tuesday, March 5 1: 00 - 3 : 00 Moose Lake City Hall Tuesday, March 5 6: 30 p.m. Grand Rapids Sawmill Inn Wednesday, March 6 11: 00 a.m. Detroit Lakes City Hall Senate Taxes Committee Wednesday, March 6 7 : 00 p.m. St. Cloud City Council Chambers Friday, March 8 7 : 00 p.m. La Crescent La Crescent High School Wednesday, March 13 7 : 00 p.m. Mankato City Council Chambers Environment & Natural Resources Division of House Appropriations Wednesday, March 6 1: 00 - 3 : 00 p.m. Willmar Municipal Utilities Building Human Resources Division of House Appropriations Wednesday, March 6 7 : 00 - 9 : 00 p.m. Faribault Regional Treatment Center Economic Development Division of House Appropriations Friday, March 8 9 : 00 - 11: 00 a.m. Chaska (location not determined) *** Divisions of the Senate Appropriations Committee will also be holding field hearings. Their schedule has not been finalized. -3- • CITY LGA IS NOT A CAUSE OF STATE BUDGET PROBLEMS CALENDAR STATE $ MILLION % CHANGE % CITY LGA YEAR FISCAL CITY LGA LGA STATE G.F. EXP. YEAR 1989 1990 376 5.6% 1990 - 0 4.6% 90 1991 337 10 /0 4.6 /o • 1991 1992 318 - 6% 4.1% 1992 • 1993 292 - 8% 3.7% • -4- I -' 1 , Ci • a) ■ C\J C''. \‘‘'\\\\ \TNN\;\ W.77\ ■ ° \ \ ,\*‘t\\* \\*•\ `.A1\ 4 V tliatttisMtnis .6,3 -1: z--)o Z co w z \,. . LU w CL 0 = 0 . ..., >. . 1 Tr 4, .,:-,-.,• H • 0 IlP 1.- 'CV\*W,uk\:‘,' ',' :‘,1's‘'o,‘ ‘.•,,., •:::,4'''',,::::,\6Ne\\x*V4‘\4_ co ,i ..... , \ \,`A\N.,W'n‘k:5,: :::,: •;-,::.::: ,;':'-‘,- ,', ;::,•..,::::::: ,.::;,:.::'-;-:;,0,,k,.\\x, :- ,, ,,.p, !. i . ,, , '\\‘,,,I.\\-: ,,,,,.:.,I‘\oL:,:‘,.:,,,,:,‘,-, N ,;21.,1::";• ■'.4..\•,M&■\::V■,:. T'''' 1 < ..,... CO 1 (...) L.. I CE 1 uj 0 co .1 c I; .... ,.0 0 ■. :?: .2 - *cc C.) .4, I 1 i I I Z. C/) 1 0 0 0 0 0 (0 tii o ... o 11 1 o co • II LL co O U c2 Q 0 O o Q a) 0) }' ` 0 = co c co afi C ae C i k. 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A • .,‘\` ‘‘ .,2' ,'. •,:---'," -- •''•'- ''''''-: 'Ti• .,',-•-','-'nrtfA., , : . , 11 II miss! 0 o ,,,,,, i.,„5 0 tt— S,C t.1) > '-'1.1 t::: M .) 40 _________ -7-- Local Government Aids-Fundamental Principles • • Property tax relief should be primarily provided to individuals through a property tax relief system. • The state should provide its economic resources to services that clearly fulfill state priorities. • Aid should be based on the need for primary ser- vices and where the capacity is inadequate to meet the need. • Aid programs must be policy-based,not driven by expenditure-based formulas. • Service level and cost must be linked to °the decision-making process at the local level. • SOURCE: MINNESOTA DEPARTMENT OF REVENUE GOVERNOR'S BUDGET PROPOSAL Summary of 1992-93 Budget Recommendations Budget Recommendations F.Y. 1992 F.Y. 1993 1992-93 Summary of Fiscal Impact Local Aids $ (100)* $ (539) $ (639) Property Tax Refunds 0 189 189 Total $ (100) $ (350) $ (450) • The $5Om Chapter 2 cut is carried forward as a reserve restoration. -8-- VI C 0 . 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