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Home My WebLink About1997-01-07 CC PacketREGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director OTHER BUSINESS REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 97 -1 Stillwater Public Library, 223 North Fourth Street January 7, 1997 4:30 P.M. AGENDA 5. Parks Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 7:00 P.M. AGENDA CALL TO ORDER INVOCATION OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL ROLL CALL PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS 1. Commendation to City Employee CONSENT AGENDA* 1. Resolution No. 97 -1: Directing Payment of Bills 2. Purchase of Winter Enclosure and Heater Parks Department 3. Purchase of Vacuum Cleaner Fire 4. Purchase of Computer Finance 5. Purchase of Computer Administration 6. Resolution No. 97 -2: Permanent Employment of Shelly Schaubach Senior Account Clerk 7. Resolution No. 97 -3: Approving Retainer for City Attorney for 1997 8. Resolution No. 97 -4: Approval of Proposal Requests No. 23 City Hall Building Project 9. Purchase of Computer and Building Permit Software 4:30 P.M. 7:00 P.M. 1. Dave Schaaf Mayor of Oak Park Heights: Request for joint council meeting to discuss bridge issues. 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator APPROVAL OF MINUTES December 17, 1996 Special and Regular Meetings and Executive Session OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. City Council Meeting 97 -1 PUBLIC HEARINGS 1. Case No. SUB/96 -75. This is the day and time for the public hearing to consider a subdivision of the existing territorial prison site (10.33 acres) into two lots of approximately 5.26 acres (hotel development) and 5.07 acres (city) located at 608 North Main Street in the Central Business District. City of Stillwater applicant. Notice of the hearing was placed in the Stillwater Gazette on December 29, 1996, and notices mailed to affected property owners. (Resolution) 2. Case No. SV/96 -74. This is the day and time for the public hearing to consider a street vacation for a portion of Sycamore Street between the west side of William and County Road 5 and a portion of Carnelian Street from 50 feet north of Sycamore Street to 210 feet north of Sycamore. Elizabeth Whitbeck applicant. Notice of the hearing was placed in the Stillwater Gazette on December 27, 1996, and notices mailed to affected property owners. (Resolution) UNFINISHED BUSINESS 1. Construction Manager Proposal For St. Croix Valley Sports Complex (Resolution) 2. Approval of Contract with Dahlgren, Shardlow Uban for preparation of AUAR (Resolution) 3. Approval of Scoping EAW for Stillwater Annexation Area (Resolution) 4. Report on Response to RFP for Development of Bluff City Lumber Yard Site 5. Appointment of St. Croix Sports Complex Ad Hoc Committee (Resolution) 6. Possible Approval of Lobbyist Contract Legislative Associates (Resolution) 7. Contract for Architectural Services with Ankeny Kell Architects, P (Amended Portions) (Resolution) NEW BUSINESS 1. Set dates for 1997 Local Boards of Review 2. Elect Vice President for Council (Resolution) 3. Possible Appointments for Boards/Commissions (Resolution) 4. Downtown Parking Follow Up Meeting to December 4, 1996 Parking Symposium PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS 1. Robert J. Colombo Cancellation of City Service for Winter Months COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Items in italics are additions to the agenda MEMORANDUM TO: Mayor and Council FROM: City Clerk DATE: January 7, 1997 SUBJECT: Additions /Changes to Council Packet and Agenda ADDITIONS TO AGENDA: 1. 4:30 p.m.: Dave Schaaf, Mayor of Oak Park Heights Request for joint meeting DELETIONS FROM AGENDA:, 1. New Business No. 4, Size of Park and Recreation Board (Will be discussed during New Business No. 3, Appointments to Boards /Commissions) ADDITIONS TO PACKET: 1. Revised Agenda 2. List of bills (Consent Item No. 1) 3. Letter: Mike Robertson, Oak Park Heights City Administrator requesting joint Council meeting (4:30 agenda) 4. Letter: Linda Hargroder, Lily Lake Homeowners Group: Request for ongoing assistance with weed control (Staff reports, City Coordinator) 5. Memo: Invitation from Library Board to tour library (To be discussed after commendation of city employee, Item No. 1 Petitions Individuals, Delegations Commendations) 7. Proposal Requests Nos. 21 23 (Revised Consent Item No. 8) 8. Ordinance No. 822 (Election of Vice Mayor, New Business No. 2) 9. Letter: Karl Ranum, regarding Mainstream Development Partnership parking and land exchange. (Staff reports, Community Development Director, 7 p.m. agenda) 10. FYI: Metropolitan Council Metro Meetings FYI: Claims submitted to insurance carrier FYI: Mn/DOT Stillwater Hotel Suites site plan review MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON RICHARD D. ALLEN DTM /ds MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney M DATE: January 7, 1997 ��''1i RE: Sierra Club v. United Stated DOT, State of Minnesota and others I have learned that it would be yet timely for the City to bring a Motion to Intervene in the litigation pending in the Federal Court with regard to the new Stillwater Bridge. On an informal basis, lawyers for the State have indicated that they would welcome the participation of the City since it would demonstrate the interests of parties beyond the State and Federal Governments in the ultimate decision. If direction were given to initiate this process, we would prepare a Motion to Intervene and would join in the Motion for Summary Judgment and Declaratory Judgment that the State plans to file asking for a quick determination as to whether the St. Croix River Crossing is a water resource project that would require a Section 7 determination under the National Scenic Rivers Act and, therefore, be a project that is subject to a National Park Service Veto. We stand ready to take whatever action the Council directs. CITY OF OAK PARK HEIGHTS 14168 N. 57th Street Box 2007 •Oak Park Heights, MN 55082 Phone: (612) 439 -4439 FAX 439 -0574 January 3, 1997 Stillwater City Council C/O City Coordinator Nile Kriesel 216 North 4th Street Stillwater, MN 55082 Re: New St. Croix River Bridge Dear Stillwater Council: Because the recent decision of the National Park Service regarding issuance of permits for the proposed New St. Croix River Bridge has changed the dynamics regarding construction of a bridge, the City Council of Oak Park Heights would like to meet with you to discuss how we can work together to facilitate an improved river crossing. If you have any questions, please give me a call. For the Oak Park Heights City Council, Michael Robertson City Administrator Tree City U.S.A. JAN 17 61 vv DONALD L. BEBERG CHIEF OF POLICE FOR THE COUNCILS INFORMATION: 111vvater THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT UNIVERSAL PRESS, MPLS., $1,876.00 TAX THE BUREAU, MPLS., $2,179.13 TAX GRAPHICS UNLIMITED, MPLS., $2,295.00 TAX COPY CAT, STILLWATER, $3,900.00 TAX BAYPORT PRINTING, BAYPORT, $2,946.00 TAX 97 -01 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 439 -1336 FAX: 439 -0456 Police Response /Assistance: 911 M E M C3 R A N D U TO: MAYOR KIMBLE AND THE CITY COUNCIL FROM: D L BEBERG, CHIEF OF POLICE DATE: JANUARY 1, 1997 RE: INFORMATION AND REQUEST ITEMS FOR JANUARY 7 MEETING TIMOTHY J. BELL CAPTAIN WE APFLIED FOR A "COPS" GRANT A FEW MONTHS BACK WHICH WOULD PAY $75,000.00 ($25,000.00 PER YEAR) TOWARDS THE HIRING OF A NEW POLICE OFFICERS POSITION OVER A THREE YEAR PERIOD. (THIS WAS FOR THE NEW POSITION THAT IS EFFECTIVE APRIL 1, 1997 THAT WAS OK'D IN THE 1997 POLICE BUDGET.) I WAS NOTIFIED BY SENATOR WELLSTONE'S OFFICE THAT WE ARE TO RECEIVE THE GRANT MONEY. IN THE PARKING BUDGET FOR 1996 THERE WAS MONEY DEDICATED FOR THE PURCHASE OF NEW PARKING BROCHURES. THE PARKING COMMISSION, OUR PARKING OFFICER AND THE CITY PLANNER FINALLY CAME UP WITH THE NECESSARY CORRECTIONS AND ADDITIONS TO THE BROCHURE AND DECIDED TO ORDER THEM. OUR PARKING OFFICER ASKED FOR AND RECEIVED COMPETITIVE PRICES FROM SEVERAL PRINTING COMPANIES FOR 20,000 BROCHURES. THEY ELECTED TO GO WITH THE LOWEST QUOTE, WHICH WAS UNIVERSAL PRESS, SO THEY WERE ORDERED THERE. THERE IS MONEY IN THE 1997 POLICE BUDGET TO ORDER 3 MARKED SQUAD CARS AND I REQUEST PERMISSION TO START THAT PROCESS. (IF SUPERIOR FORD HAS THE STATE CONTRACT, I REQUEST PERMISSION TO BUY OFF OF THAT CONTRACT, AS WE DID LAST YEAR, RATHER THAN GO THRU THE BIDDING PROCESS). MEMORANDUM TO: Mayor City Council FROM: Diane Deblon, Finance Director DATE: January 6, 1997 SUBJECT: 1996 Property /Casualty Dividend On December 27, 1996, the City of Stillwater received the 1996 Property /Casualty dividend in the amount of $65,810.00. The League of Minnesota Cities Insurance Trust distributed $12 million in dividends to the member cities. Attached is a memo from the League of Minnesota Cities Insurance Trust explaining the dividend calculation and how the dividend distributed to the City of Stillwater compares to previous years. L—Nie League of Minnesota Cities Cities promoting excellence December 16, 1996 To: LMCIT cities From: LMCIT Board of Trustees 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (612) 281 -1200 (800) 925 -1122 Fax: (612) 281 -1299 TDD (612) 281 -1290 Re: 1996 property /casualty dividend A check is enclosed for your city's share of the $12 million dividend which the LMCIT property /casualty program is returning to member cities. Along with the check, we'd like to offer you our congratulations for your success in making LMCIT work for the cities in Minnesota. How is your city's dividend determined? The surplus that LMCIT has at any one time is the cumulative result of all of the cities' premiums and losses since LMCIT began. Cities that have been members the longest, that have contributed the most in premiums, and that have had fewer losses have in effect contributed more to creating that surplus. The dividend formula is desiuned to return a proportionally greater share of the total to those cities. As in the past, each city's share is proportionate to the difference between that city's total earned premiums and total incurred losses net of deductibles for all the years the city has participated in LMCIT. The formula also incorporates a "loss limiting factor" which tempers the effect a single large "shock" loss can have on the city's dividend. Without this kind of limitation, a small or mid -sized city that happened to be hit by a single catastrophically large loss could effectively be precluded from receiving any dividend for many years. The dividend calculation The enclosed sheet shows the premium and loss figures that were used to calculate your city's dividend. The premium figure is your city's total of all earned premiums through May 31, for all of the years your city has been a member. The "adjusted loss" figure is your city's losses for all years of participation, minus applicable deductibles, and after "capping" each individual larue loss. For purposes of the dividend formula, each individual loss is capped at the lesser of either the city's earned premium for that year or $100,000. —OVER— AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER To calculate the dividend, we subtract your adjusted losses from your earned premiums. This remainder represents your city's contribution to the surplus. We also do that same calculation for all the other member cities, total all of those remainders, and then calculate your city's remainder as a percentage of the total. Your city receives that percentage of the $12 million total. Should we expect similar dividends in the future? Right now, it looks very good for being able to return additional funds to the member cities in the future. There are two reasons for this hopeful outlook: The LMCIT Board has tentatively designated an additional $8 million to be returned to members over the next couple years. From the way losses appear now to be developing, we don't expect to need these funds, but the Board is taking the cautious approach of holding these funds until we're certain that they won't be needed. If present trends continue, the Board's intent is to return these funds in future dividends as well. LMCIT's rates and investment income continue to provide a funding margin over projected losses and expenses than in the past. If future losses turn out to be at or below what we're projecting, that margin will ultimately become available to be returned in future dividends. But while we're optimistic, we'd still caution cities not to rely too heavily on continued large dividends in doing your financial planning. There are three points to keep in mind. First, the amount available for return to the cities this year is extraordinary, and results from a very particular combination of circumstances. It's unlikely that we'll again have this much unneeded funds. Second, remember that the LMCIT Board has been gradually reducing the margin that's built into the rates. Assuming that our loss projections are right on the money, the long -term trend in dividends should be down. Remember that we're trying to manage risk in other words, uncertainty. We can never know for sure what will happen in the future. it's always possible that future losses could turn out be more maybe much more than what we've projected. Because LMCIT has been able to return sizable dividends for several years in a row, some cities have begun to build those amounts into their budgets. If your city does so, we'd caution you to make sure that you have a plan for what you'd do if there is no 1997 dividend or if it's substantially smaller than it has been. We'll do our best to run the program as economically as we can. LMCIT will return to the members any funds that aren't needed for losses, expenses, or reserves. But we can't guarantee that there will always be a sizable dividend, or any dividend at all. It's important to keep that in mind when you're doing your financial planning. 1 I MCGARRY KEARNEY AGENCY 243 SOUTH MAIN STREET STILLWATER MN 55082 STILLWATER LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY /CASUALTY 1996 DIVIDEND CALCULATION AT MAY 31,1996 216 NORTH 4TH STREET STILLWATER MN 55082 GROSS EARNED PREMIUM 2,084,675 ADJUSTED LOSSES 875,278 MEMBERS DIVIDEND PERCENTAGE .00548420718 DIVIDEND AMOUNT 65,810 rremiums ulviaen0s League of Minnesota Cities Insurance Trust Property /Casualty Program $200 $150 $50 $0 52,000 5500 '96 I '95 1 '94 1 '93 1 '92 1 '91 1 '90 1 '89 1 '88 1 '87 8189,496 1 8176.804 1 5180,827 1 5168,528 1 5165271 1 5167,975 1 8181,280 1 5171,422 1 5145,613 1 5152,228 $65,810 I 3,4565 1 $45.037 1 $45,341 1 537,238 1 $52.531 1 839,710 1 $32,507 1 $19,197 1 $19,172 $0 STILLWATER Premium and Dividend History STILLWATER Premiums and Dividends since 1987 Premiums Dividends Allen 0. Zepper Cindy Shilts YEAR END REPORT 1996 Page 1. Value of Construction Page 2. Income to Date Page 3. Inspection Data cb „k" MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTALS BUILDING $301,800.00 $459,400.00 $5,618,000.00 $1,879,400.00 $5,272,498.00 $3,481,069.00 $2,641,895.00 $719,214.00 $2,174,243.00 $1,365,300.00 $893,283.00 $629,950.00 1 $25,436,052.00 VALUE OF CONSTRUCTION TO DATE PLUMBING $3,800.00 $36,000.00 $31,950.00 $138,061.00 $313,500.00 $254,050.00 $93,700.00 $205,795.00 $130,967.00 $37,300.00 $42,990.00 $21,100.00 $1,309,213.00 TOTAL VALUATION FOR 1995 $24,654,214.00 1 TOTAL VALUATION FOR 1994 $22,009,572.00 TOTAL VALUATION FOR 1993 $39,394,302.00 Page 1 MECHANICAL ACCUMULATION $22,250.00 $28,700.00 $33,782.00 $895,672.00 $390,099.00 $45,215.00 $121,892.00 $281,595.00 $249,590.00 $32,657.00 $36,642.00 $50,188.00 $2,188,282.00 $327,850.00 $524,100.00 $5,683,732.00 $2,913,133.00 $5,976,097.00 $3,780,334.00 $2,857,487.00 $1,206,604.00 $2,554,800.00 $1,435,257.00 $972,915.00 $701,238.00 TOO INCOME TO DATE MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL BUILDING $3,296.50 $4,867.00 $10,840.00 $14,641.50 $31,760.25 $24,044.50 $21,684.00 $9,039.25 $17,349.00 $13,588.50 $10,494.50 $6,248.75 $167,853.75 PLAN REV. $1,132.30 $1,356.88 $4,124.15 $5,293.93 $13,069.06 $9,191.45 $6,481.40 $305.95 $6,597.12 $3,916.25 $2,055.46 $1,555.45 $55,079.40 PLBG. $55.00 $315.00 $440.00 $1,498.95 $1,859.00 $1,884.00 $1,288.00 $2,159.00 $1,738.50 $480.00 $627.00 $402.00 $12,746.45 MECH. $265.00 $440.00 $450.97 $3,881.54 $2,292.49 $620.00 $1,372.00 $2,904.50 $2,317.40 $487.00 $580.00 $576.88 $16,187.78 TOTAL $4, 748.80 $6, 978.88 $15,855.12 $25,315.92 $48,980.80 $35,739.95 $30,825.40 $14,408.70 $28,002.02 $18,471.75 $13,756.96 $8,783.08 7.38 PERMITS ISSUED 1 1994 19951 1996 IINSPECTIONS I JANUARY 1 45 40 20 (JANUARY FEBRUARY 47 46 391 FEBRUARY MARCH 75 67 511 I MARCH 1 APRIL 72 120 100 APRIL I MAY 83 111 114 MAY JUNE 831 85 113 JUNE 1 JULY 109 911 106 1JULY I AUGUST 165 99 45 AUGUST SEPTEMBER 1451 73 1071 1 SEPTEMBER OCTOBER 1 89 1001 82, I OCTOBER NOVEMBER 91 68 711 1 NOVEMBER DECEMBER 1 481 411 381 DECEMBER TOTAL 1052 9411 886 1 TOTAL I I 1 LIVING UNITS CON TRUCT ED 1 1994 BLDG UNITS I SINGLE FAMILY TOWNHOUSE TWIN HOMES TOTALS 129 4 1 19951 BLDGS I UNITS 129 1 44 441 17 81 2 20 2 INSPECTION DATA 1Q 2_Q 134 1391 I TOTAL RESIDENTIAL UNITS DURIN 1G 1991, 1 192, 199 ,1994, 1995 cod 56 84 19941 1995 1996 I 2691 172 79 295 89 72 211 111 94 281 205 149 201 213 192 186 221 210 201 180 227 292 220 217 I 303 1331 232 I I 1881 1461 210 276 163 145 I 112 1571 144 2,8151 2,010 1,971 19961 BLDGS UNITS e cycles 731 1 17 11 22 28 39 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, Council and Staff FROM: David T. Magnuson, Stillwater City Attorney DATE: December 30, 1996 RE: Appraisal of Larson Property South of McKusicks Road ZO,Atv At the last Council Meeting, I was directed to contact our appraiser and discuss whether his appraisal had been updated in view of the fact that the owner of the property is asking significantly more than the City's prior appraisal. Ray Kirchner reviewed his files and the property and is of the opinion that his prior appraisal is accurate. He indicates that this appraisal is based upon the assumption that the wildlife easement that encumbers the property prevents any sort of building and almost any activity including things like gardening. Ray indicated that if there is some evidence that the property has potential as a building site in the future, he will reconsider his appraisal. DTM /ds DTM /ds MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorneyl DATE: January 3, 1997 RE: Assessment Procedure /1996 Sidewalk Improvement In at least one (1) instance involving the 1996 sidewalk improvements, a notice was sent to a property owner of an Assessment Hearing under Minnesota Statutes §429.061. This statute provides that, among other things, the notice must state in clear language the amount to be specially assessed against a particular lot. At the hearing, the staff discovered and recommended to the Council that the Council correct the assessment for the lot because the notice had included a mistake in the amount of assessment for that lot. The Council increased the assessment which had the effect of doubling the assessment against the particular parcel. In my opinion, it is not permissible to increase the amount of assessment beyond that stated in the notice unless the property owner would be sent an amended notice and be given the opportunity to appear at another assessment hearing to contest the increased amount. Absent a new notice and a new hearing for that property owner, the City would be bound to assess only that amount set forth in the original notice. CITY OF OAK PARK HEIGHTS 14168 N. 57th Street Box 2007 .Oak Park Heights, MN 55082 Phone: (61 9 FAX 439 -0574 December 23, 1996 Nile Kriesel /Choc Junker Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 Re: Highway 5 Bridge Improvement Project Dear Nile or Choc: You have probably read that due to the heavy demand on their right -of -way acquisition people, MNDOT is postponing until 1998 the construction of the Highway 5 bridge improvement originally scheduled for 1997. They will still do some work on the bridge and frontage roads in 1997, but the bulk of the work will be done in 1998. The City of Oak Park Heights is undertaking an effort to get the project back on track for 1997. MNDOT has agreed that if all of the property owners agree to sign Temporary Permits to Construct by January 7, 1997, it will proceed with all of the construction in 1997. We are contacting you because you are one of the parties from which MNDOT either needs to acquire land or needs a temporary easement in order to go ahead with the project. Signing a Temporary Permit to Construct in no way waives your rights to compensation for the land MNDOT is taking from you. It simply allows MNDOT to proceed with the project while compensation is being worked out. We have set up a meeting with MNDOT on Friday, December 27, at 12:00 noon at Canelakes restaurant. Canelakes is located on the north side of Highway 36 just west of Greeley Street. MNDOT will be present with maps of the project and can show you how the project will affect you and your land. Enclosed are 3 copies of the Temporary Permit to Construct. If you are willing, please have the owner(s) of the property; 1) Sign all three copies of the Temporary Permit to Construct, 2) Initial all changes on the Permit 3) Keep one copy for yourself and send the other two back to me or bring them to the meeting on Friday. Tree City U.S.A. The City of Oak Park Heights thinks it would be much better to have this project done in one year, rather than having the disruption spread over two years. Let's work together to make this a reality. If you have any questions, please give me a call. Sincerely, Michael Robertson City Administrator TEMPORARY PERMIT TO CONSTRUCT S.P. 8214 (36= 45)905 Parcel 5- City of Stillwater Parcel Address County of- Henaeniu. o a.sk,Kcyl-vr. The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 36 in-44eiiiies4. County, ,Minnesota. W 'a61n vi�� It is necessary that the State of Minnesota use for highway purposes real property situated in—Hefiflopia- County, Minnesota, described as follows: tQas!„1 Part of Outlot A Stillwater Market Place as indicated in red on attached Exhibit A. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota right of entry and permit to construct, maintain and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced and completed without interruption. For one dollar and other valuable consider tignn t undersigned hereby grant to the State of Minnesota, the right to go upon said real property after 1997 and construct said highway and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91 -646, Title III, Section 301 (4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action or direct purchase. Dated: Owner Title Owner Title Owner Title '11/4,911 01014100* rI route 1.nv-n,. t K sdo essgenoted as 1M 4'1. ...pp fa«; su1?4p 100 t.'* Dy 3.10003333. 4111100 incomes by 2.471. lure feet, muif l 1y tn. 0a11r0 meters Dy 10.764. 0 OF r r PAR, 96 I ACCESS CORER P 0' 1 359'58'46'4 HIGHWAY EAST LINE SEC. 31 --1 87 -1101 TANGENT TO CURVE CAST IRON MONUMENT AT SECTION CORNER KASHINGTON COUNTY METRIC COORDINATES X. 151,611.626 Y. 62.728.099 DATUM= NAD 1983 INAGE EASEMENT .ISTANCE I A2I14UTH I METERS 1 1.601 351•56•41' 17.151 21•41 36.111 132.37 1• 71.563 201. TIC WILIER. 1000 YMBOLS end taevel C. 'rpm 041pr 10 Control I$ Op4111y Iron or 2•Q' Inuit Coo 0.0.1. Iron Pin Irani or Stone Nnorno 54146)' t.nr t. 5. E. 1 Was Li 8.0.1. Iron Apo with 11 .0 s 0213T. 7, 64, 36 R/W 137.81• 7 42.005 178•49'01' PARCEL 1A SZ 1L1-W A ER OUTLOT A T.L. PAR.2 HEIGHTS CAST IRON MONUMENT AT OUARTER CORNER N 0. NORTH LINE SEC. 5 J OUTLOT A STATE PROJECT NO. 8204 (36 =118)901 STATE PROJECT NO. 8214 (36 =45)905 IN THE SOUTHEAST OUARTER OF SECTION 31. T. 30 N.. R. 20 W.. IN THE SOUTHWEST OUARTER OF SECTION 32. T. 30 N.. R. 20 L. IN THE NORTHWEST OUARTER OF SECTION 5. T. 29 N.. R. 20 W.. IN THE NORTHEAST OUARTER OF SECTION 6. T. 29 N.. R. 20 W.. WASHINGTON COUNTY. MINNESOTA SURVEY STANDARDS 1. The plot values. 024.u0r. 0141 010tore0 r. Posed 01 tM prol.at control survey systole. 7. Th. ...um, .1arl lento 1 ,441 01 thlI plot nave been 114110 57000.0 for location. The stanord oeviatio to. /M t position Is 30 011440rtr0. 3. The county coordinates 0411041 on one re DOOM an ties t0 n0110001 Central monuments. 4. Crt10400101 of Location now peen 111.0 at tlr Canty Reor0r's Otflo. 010/r the County S1r..pr Offloe for TM *action earner 14 •041 On this plot. S. for det011* 01 this survey oontoot tM Ur...eying Ono Mopplll. Section at tM 01010,410 Dprtn.041 of lralsprtotlm METRO FAST- OAKOAL 41 41. o s r e EXISTING ACCESS CONTROL BR •CKEY PARCEL ColIfIM tOrm C4154u N. of Tron000rlotlm 07 KJ. Rowl.44 Date Directr, Offices of 5141t of spy erns Su...ye Crf if 4.4 117 0.614140 by OUTLOT 8 °mi l$ 0 877.98' 267.609 91 111JDOT Olin mat 01140. MARKET FL A cE FROM 811 TO 88313 82067 PLATS 82 -82 1 82 EXIST. T.N. 36 RAF/ SWI /4 SWI/4 36 BLOCK 1 STILLWATER R/8 110'- 7 J EXIST. T.N. 36 R /1, N.S.P. ANCHOR EASEIENT V. PARCEL 2 J DRAINAGE EASEIENT NWI /4 NWI /4 OUTLOT A THE COWISSIONER OF TRANSPORTATION IS HEREBY DESIGNATING THE DEFINITE LOCATION OF TRUNK HIGHWAY N0. 36 FROM 0.7 KILOMETER REST TO 0.5 KILOMETER EAST OF THE JUNCTION OF TRUNK HIGHWAY N0. 5. 0.11.1*. 10004101, 0104111. 0004164. 1ee4rr7 00041- 4.111 and 044110114 removal e004e.0+. Off la o f M1 0 N Su e M Limnos 204 Dote i 2 50315 O ADDITI 11041.. 00. Dote EXHIBIT A LOT 1 --y 553417 88313 TO 88315 ADJOINS PLAT 82 -84 1777.50• 541.783 271.12'40' 80314 CAST IRON MONUMENT AT OUARTER CORNER as shn 01 this plat prepared D7 the State of Minnesota 0 .c Of Tr. ce p 101 hereby .4 Is heby ortlfl as UV 1 Ealaa4 1 1 10 4t rr} r p Is &t g 2 a 1 1 7i l O a '.fi r• 'IsIrsi 2r ..a t elofl of 1 {b Os1! 6::1112; 6. 6. 31 6 S2 C4mml..l.n.s Oran No. LOO/4141 Nature of Interests hr15 0lnl0 Inns prepared 07 .r r sy dir.*I 1e10n and Ines 1 a• s 4Il 1 M5I ro 41 o 7 e e La O 1 foot H10r 4110 1 plat ma prepared 1M 51010 Y 14110,4410 Lc, lo 1 m f6 O let .O+ re Lcsi Of 11 51,1.4115. NCt1an 100005. *501401 160.14 0.00. 1. 1a11 151.46 01170. 2. 4W se=11m 161. 0110/ parcel lines 01nr01105 re 1 wor400 410 641111,441,4 01 iM 01011 0110 snot tM proposed proposed flap -o1 -007 1115 r5 correctly 4 ..14.041,4 01 tlr plot. tt ;wool, wits toot 411040 plat ems soryevp 01 4mi or Liner sal direct supervision 4110 toot 1 aA 411y seel*41r,4 `and S moor th Love of ma 510te of 01m*M415. flat oil eawl/.1W1ts rd 4y 41 01 1. 410 11110 010 40111 snot 411 1 nova Deer 4OrT*C117 :mooed 01 Shaul 01 711 1. 0401. TEMPORARY PERMIT TO CONSTRUCT S.P. 8214 (36= 451905 Parcel 7- City of Stillwater Parcel Address County of emle tiOasl.t The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 36 in le< County, Minnesota. was It is necessary that the State of Minnesota use for highway purposes real property situated in -Henri County, Minnesota, described as follows: Part of Outlot F Stillwater Industrial Park as indicated in red on attached Exhibit A. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota right of entry and permit to construct, maintain and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced and completed without interruption. For one dollar and other valuable considerate n, t e undersigned hereby grant to the State of Minnesota, the right to go upon said real property after 1997 and construct said highway and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91 -646, Title III, Section 301 (4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action or direct purchase. Dated: Owner Title Owner Title Owner Title 1a rL 1 w. I,. a 11240.5 h3353 1 244.2 1 2629 WATER INDUSTRI 1 1 1 64.5 1 694 .AL -MART A0011 1 1 54.1 SECTION 5R 1 wt.(' I .tat 1 tn.“ 1 0.016 1 0.04 1 0.014 IN 12 -01 -2002 :1 Control survey tyst0h. .4 Ur location. TM S?TO6 -a to ndt1on01 control mo1./.en /a. 'a 01116. an0 /r ton County S.r..yr's Ion at trig N111rlaota DaperTarm 0f BLOCK ONE 2 ER s 1`Lw 01105 R 1A` LI 1M. 3 ACQUISITION LINES T.E. PAR.3 1 1 398 1 4284 112 -01 -02 1 F EE 11070.6 111324 112 -01 -02 1 FEE AL PARK 1 12.5 1134.5 112-01-02 1 1 1 4 7 7 9 17 5908 112-01-02 1 FEE 1ON p!RK NEI /4 NW/ /4 EAST LINE BRACKEN ADDITION---. 1111.0,.. ,sews W. k so. It. I 110. O •I rl 1 PO SEC °N° PD 1 562 112-01-02 I I semi I 1 0.03 112 -01 -02 1 FEE N1/4 32 10 83 4 920.69• 1499.623 179.49'10' BLOCK TWO r 1 ND. PARCEL 3� 1 829 /82 PARK A R.L.S. 57 OUTLOT A terse toot' 0 nNE. naratin swim., CAST IRON MONUMENT AT OUARTER CORNER NORTH LINE SEC. 5 PARCEL 2 4835.71' ROAD A/1 ACOUIREO< DY. CITY 1a STATE PROJECT N0. 8214 136: 451905 IN THE SOUTH HALF OF SECTION 32. T. 30 N. R. 20 W.. IN THE NORTH HALF OF SECTION 5, T. 29 N., R. 20 W., WASHINGTON COUNTY. MINNESOTA THE COMMISSIONER OF TRANSPORTATION 15 HEREBY DESIGNATING THE DEFINITE LOCATION OF TRUNK HIGHWAY N0. 36 FROM aa Shown on Ml Pr•D r m State Minnesota r y t St• of Minnesota D ta .tr of 7r0 1001 Itr 'atl0n is •0 Certltl•a 04 o 160. l4111. .4 •1••a l 9f l Stta 1 oPnri Fb oe$f 'Ng 5 6 32 Nod. 1. soctIon Conalaalarlr•s °roar No. location Nature of In,r.at 0N11Ite Ioomlon, olden, 000050. temporary •000• Mt Or10 Dullaltt 6010601 solea•n?. Crtiflp Ja1ts N Dan mm Colsalonr of Transportation by ..y. Roaltaa.n Dote Director. Oftlo. of RIQr1t of goy ono Slfveys ll h.l to rt to Is lot es slygsl 0? 0 i 0� �Y 600 r of NlrwN.ota Statutes. 0ectlan 160.005, ..clan 0100. 1, a6lon 16 0,00. 2 Ono 0.671611 161 lei tMt parcel oalranl *a rs 6arectl desr 1005 016 160 0. 1111•oleA on ton et Plato 016 161. that ton prapos•d r1011f '6 }•.ay L. y lino* re Orrootly 0001 #W 011 ton Plot. Crr101•a 0" h•reoy 6rtlfy 111ot this Plat vat a.fvya oy 00 r Il 0161161 a.,Orvlslon and trtt I oe a o.Iy pletr•4 ``am Sr*.,. UMW ton Low car fro State Ot Nlnwaofat font all woalr. ,t$ ra arr•C112 .noon OA tnls plait am that ell consent& Moe loon correctly placed om often an 1010 Plot. Crt111.0 by z 1v O I■4 -J Q 1 CAST IRON MONUMENTS AT QUARTER CORNER CC WASHINGTON COUNTY METRIC COORDINATES i X. 152.420.837 J Ya 62.710.99 .Q DATUM* NA0 1983 3 1 1473.927 35146 1 01 n t y CAST IRON AT ‘‘z i QUARTER CORNER 6.91.501.4 Lam Wwyr 110a1a• N0. Oat• 05f1o. of Plant of soy and Surveys B0• Fea=Clstre4 lot S+rvay01 WOOT 010,5161 010160 N O' 821 EXIST. T.N. 36 R/9 60157. T.N. 36 Rill License No. Dote STILLWATER STILLWATER Y.E. 1N STREET OUTLOT F 36 640.67' "195.276 91 ROAD 11/1.'" m ACQUIRED v o 6Y CITY 32' IL1ITY Yl,It EASEMENT 1 0 R.L.S. 57 0 A ce A_ 1 020 -e Q 822 �Q BLOCK 1 INDUSTRIAL H 7 30' INGRESS AND EGRESS EASEMENT 3 105'- PARK T.E. PAR.7 R/N R /W� 86413 T.E. T.E. PAR.10 HEIGHTS EXHIBIT A PARCEL 7 J 86411 m CAST IRON MONUMENT AT SECTION CORNER 2 1 t o 1 86413 834 1` 4t' CZ1O if 3 1 ON LOT LINE -•0 .8 1_ U 3 I i 1 o NLa LILY LAKE HOMEOWNERS GROUP June 20, 1995 The homeowners living on Lily Lake requests the cooperation and assistance of the City of Stillwater in cleaning up the lake to permit swimming, boating, and fishing for all the citizens of the City. The weeds and algae have taken over the Lake to such an extent that the recreational uses of the Lake are severely curtailed or eliminated for the homeowners and the thousands of residents of the City that use the Lake for recreational purposes. Recognizing this problem, the City has contracted with Lake Management, Inc. of Marine to treat an area of 500 by 150 feet at the beach area, and the appropriate request has been submitted to the DNR. Lake Management, Inc., on behalf of the homeowners, have submitted a request to treat the shoreline area along the west and north side of the Lake at the same time the work is done at the beach area. We expect a favorable response from the DNR for both the City and homeowners. State regulations permit the treatment of 15% of the lattoral zone, or that surface area that is 15 feet or less in depth. These limitations are designed to permit recreational activities to continue on the lakes of Minnesota, without impinging on the spawning and growth of fish in the lakes. Lily Lake has 48 acres of surface, 38 acres of which is classified in the lattoral zone category. Fifteen percent of the lattoral zone equals 5.7 acres that can be treated under State regulations. The City's beach area is 1.7 acres, leaving an additional four acres that is eligible for treatment. This will permit treatment of the lakefront for all of the 15 homeowners (22 total) who have requested the service, and the City owned right -of -ways. The cost of the treatment for the four acres (1,500 feet) of shoreline of the residents, the City's right -of -way, and the beach area at a cost $1.47 per shoreline foot, would be a total cost of $2,940 (The beach treatment is already in the City's budget.) This work includes treatment of the weeds, and the treatment of the plantan and algae. In past years when the weed problem of Lily Lake was addressed, the City paid 65% of the total cost, with the homeowners picking up the remaining 35 These ratios were based on the shoreline property owned by the City and the private homeowners. On this basis, the City would be responsible for $1,911. of the total cost. Page 2. We are therefore requesting, that the Council authorize the expenditure of 65% of the cost of weed, algae, and plankton treatment for Lily Lake for an amount not exceed $2,000. The fifteen homeowners have already paid the $200 permit fee required by the DNR to Lake Management, Inc. Thank you very much for your positive consideration of this request for all the citizens of Stillwater who use and enjoy Lily Lake and its facilities. Lily Lake Homeowners Group: Linda Hargroder 1 4 Stillwater City Council Minutes Regular Meeting June 20, 1995 UNFINISHED BUSINESS 1. Update on Public Facilities feasibility study Peter Smith. BWBR. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct BWBR to complete design solutions for Option Al, including Police and Fire, and prepare conceptual plan for Fire Department. All in favor. (Council recessed at 8:25 p.m. and reconvened at 8:40 p.m.) 2. Request for City assistance for treatment of Lilv Lake Ed Cain. Linda Hargroder. Motion by Councilmember Cummings, seconded by Councilmember Zoller to approve expenditure not to exceed $2,000, as requested for algae /weed treatment of Lily Lake. (Percentage of cost proportionate to city ownership of 65% of shoreline). Ayes 4; Nays 0; Abstain Councilmember Bealka. 3. Final Plat approval of condominium subdivision at 320 South 4th Street. Dick Johnson. applicant. Case No. SUB/V /95 -22. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution approving Final Plat for Condominium Subdivision, 320 South Fourth Street, Case No. SUB/V /95 -22. (Resolution No. 95 -137) Ayes Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays None 4. Reauest for matching funding for inventory of open space sites and public opinion survey. Corey Mohan. Stillwater Area Citizens Open Space Committee. Motion by Councilmember Zoller, seconded by Councilmember Cummings to authorize expenditure of $2,000 for funding of Open Space Assessments and Citizen Survey, contingent on receiving remaining funding from private foundation and City review and final approval on questions used in survey. Ayes 4; Nays 1, Councilmember Thole. (Council recessed at 9:30 p.m. and reconvened at 9:40 p.m.) December 17, 1996 Dear Mr. Kriesel, Thank You Linda Hargroder 617 Lake Drive Stillwater 351 -0766 I am writing to you regarding our phone conversation this afternoon concerning the weed control of Lily Lake. The permit is in my name on behalf of the property owners around the lake. The bill was sent to my house the first week of November when I was traveling in the south visiting family and a friend dying of cancer. When I returned I was faced with Thanksgiving preparations, three weeks of correspondence and bills for my personal affairs, in addition to back logged problems where I work with the mentally ill. I would like to refresh your memory concerning the weed control of Lily Lake. The summer of 1995 I went to the city council with Ed Cain to get help in cleaning up the lake. The council at that time was in agreement with all of us to try and return the lake to the state it was years ago. The council voted to pay for 60% of the bill, with the property owners paying the remainder 40 The bill was then sent to the city and the city paid the entire bill and we as property owners each paid our 40% to the city. This past summer I applied for the permit again and had the various home owners that wanted to participate again in trying to control the weed and algae growth, be put under our name. I must say we were all quite impressed at how the second continual treatment seemed to work very well. The lake not only looked good but we were able to use our lake frontage, start the trolling motors at the docks without being choked out by the weeds, and thoroughly enjoyed the fishing as well as having dozens of area children enjoy it as well. As I stressed to the council, many people use this lake not only at the public landing but walk around the lake to do their fishing. I will be applying for a permit again this coming summer to have an ongoing treatment control. I hope it doesn't take the persons doing the treatment quite as long as it took them to send this past treatment bill. It couldn't have arrived at my house at a worse time! Your help with this payment would be appreciated. I will talk to the treatment people and explain to them when we will be making the payment to them. Please call me when you find out something. I will be waiting to hear from you. LAKE MANAGEMENT, Inc. 10400 185th Street North tn Marine on St. Croix, MN 55047 612- 433 3283 -Voice 612 433 -5316 -Fax Return Upper Portion with Payment t***************•******************* *mot Customer ID HARG Sold To: Terry Hargroder 617 Lake Drive Stillwater, MN 55082 Customer PO Payment Terms Net 30 Days Description 6 -25 -96 Lily Lake Aquatic weed and algae controls. 882' X 100' 1.52 ft 460' X 50' 1.26 ft Finance charge is 1 1/2% per month Amount Paid HARG Sales Rep ID Subtotal Sales Tax Total Invoice Check No: Payment Received TOTAL Invoice Invoice Number: 750 Invoice D te: 10/29/96 Page: 1 Due Date 11/28/96 Amount 1,340.64 579.60 1,920.24 1,920.24 0.00 1,920.24 Address 77777 OF Itircsoura. DEPARTMENT OF NATURAL RESOURCES 96F-6286 TERRY HARGRODER PERMIT TO DESTROY OR CONTROL AQUATIC VEGETATION OR ORGANISMS The Commissioner of Natural Resources, pursuant to authority vested by law, hereby grants this permit to the person whose nam appears below, for the purpose specified, dates inclusive as shown, in the manner and under the conditions hereinafter set forth: Permittees's Name Telephone Number (612)351 -0766 617 LAKE DRIVE, STILLWATER MN 55082 TvveofControl: Chemical control of submerged vegetation, filamentous algae, and chara. INCLUSIVE DATES OF PERMIT: FROM: TO: May 1, 1996 September 1, 1996 THIS PERMIT APPLIES ONLY TO THE WATER AREA DESCRIBED AS FOLLOWS: Name of Lake 82 0 0 023 County Township Range Section LILY WASHINGTON 30 20 32,33 Extending 1342 feet along shore and having a maximum width of 0 feet and /or to entire la of 2 acres. Location of Treatment Area: Adjacent to permittees' properties. Permittees are listed on the back of this permit. No more than 50 feet of waterlily control is allowed at any individual property and said control is to remain in same area during subsequent years. Means and Methods to be used: No more than two (2) treatments with MN /DNR approved aquatic herbicides are allowed; no more than three (3) treatments wtih MN /DNR approved algaecides are allowed. Applications to be made according to label instructions. W SHALL BE RECEIVE BEFORE BEGINNING SHALL NOTICE WORK HERUNDER. DATE ILURE TO GIVE NOTIF ICATION TO CATION PRIOR O BEGINNIN WORK SHALL BE GROUNDS FOR REVOCATION OF ANY PERMIT OR REFUSAL TO RENEW THE SAME. Fisheries Supervisor Address Telephone Number Duane Shodeen 1200 Warner Road, St. Paul 55106 (612) 296 -9242 Other Address Telephone Number Other Address Telephone Number The Minnesota Department of Natural Resources does not vouch for the effectiveness of any aquatic nuisance control method or operation nor does it stand as arbiter to determine whether or not any such method or operation has been satisfactory. This permit is permissive only and no liability shall be incurred by the State or by any of its officers, agents, or employees by reason of the issuance of it or by reason of acts or operations of the permittee. The permittee shall be solely responsible for any damage or injury to persons, domestic or wild animals, waters, or property, real or personal of any kind, resulting from the permittee's acts or operations, and at all times the state of Minnesota, its officers, agents, and employees, shall be held harmless from any liability for such damage or injury. Authorized Signature for Commissioner Permit Number Date Page No. 1 06/05/96 CONTROL AREAS AUTHORIZED FOR TREATMENT OR HARVEST Permit Number 966286 LAKE LILY, WASHINGTON COUNTY LAST NAME ANDERSON BEALKA CAIN .FIERKE JR FLORES •HARGRODER 4HOEFLER :HOOLEY OAGUSCH JOHNSON NELSON PETERSON RUSSELL •SCHOENBORN FIRST NAME STREET ADDRESS LYLE NEIL EDWIN E.W. TERRI TERRY PETER JACK CAROL RUDOLPH MARGARET DELWIN STEVE RONALD 715 LAKE DRIVE 801 LAKE DRIVE 707 LAKE DRIVE 724 S OWENS ST 1303 W WILLARD ST 617 LAKE DRIVE 1031 W ABBOTT 1219 W WILLARD ST 525 S BRICK ST 611 LAKE, DRIVE 607 LAKE DRIVE 1201 W WILLARD ST 1417 W PINE 514 S HEMLOCK ST FT. ALONG SHORE SIGNATURE by FT. LAKEWARD DATE 100 X 100 1995 100 X 100 1995 94 X 100 1995 80 X 50 1995 100 X 50 1995 94 X 100 1996 80 X 50 1995 100 X 50 1995 100 X 100 1995 94 X 100 1995 100 X 100 1995 100 X 50 1995 100 X 100 1995 100 X 100 1995 STILLWATER CITY COUNCIL CITY COUNCIL MEETING NO. 96-30 December 17, 1996 SPECIAL MEETING The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Absent: Councilmember Thole (arrived 4:20 p.m.) Also Present: City Coordinator Kriesel City Attorney Magnuson, Weldon, Deblon, Russell, Eckles, Cordes Finance Director Deblon Community Development Director Russell City Engineer Eckles Administrative Assistant Cordes City Clerk Weldon Legislative Associates, Ed Cain Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier 1. Consideration of continuation of contract with Legislative Associates 4:00 P.M. Ed Cain, Legislative Associates, Inc., presented Summary of Federal/State issues in 1996 (Stillwater Levee Construction Project; new National Guard Armory; Interstate Bridge) and 1997 Government Relations issues (Stillwater Levee Construction and Flood Control Project; Interstate Bridge; Territorial Prison Site; and Hotel Tax issue) City Coordinator Kriesel presented a request for approval of supplemental expenses for Legislative Associates, Inc, related to the additional work regarding the National Parks Service's involvement in the Interstate Bridge issue. (on list of bills) Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to prepare revised contract with Legislative Associates, Inc., eliminating the retainer provision with billing to be itemized by project, and returning to Council for approval. All in favor. 2. Update: Financing of St. Croix Valley Snorts Facility Information on expected revenues and estimated costs to construct the sports facility was presented. At a meeting of staff and the Sports Facility Commission on December 13, it was determined the financing gap would require an additional $110,000 per year over the next 20 years. Ron Langness, Springsted, Inc., presented a revised cost and cash flow scenario based on the numbers developed at that meeting. 1 Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourned to executive session to discuss issues related to TIF at 6 p.m. All in favor. Attest: City Clerk 2 Mayor 1 REGULAR MEETING The Meeting was called to order by Mayor Kimble. Present: Also Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Community Development Russell City Engineer Eckles Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier APPROVAL OF MINUTES STILLWATER CITY COUNCIL CITY COUNCIL MEETING NO. 96-30 December 17, 1996 PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS 1. Denise Carlson, Stillwater Baha'i Community Support of Human Rights issues 7:00 P.M. Motion by Councilmember Thole, seconded by Zoller to approve the December 3, 1996, Regular and Recessed Meetings; Executives Sessions of March 19, 1996; October 15, 1996; October 29, 1996; and December 3, 1996. All in favor. Denise Carlson presented Council with copies of publications relating to world peace and recognized Council for its work in forming the Stillwater Human Rights Commission. CONSENT AGENDA* Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the consent agenda. Ayes: Councilmembers Thole, Bealka, Cummings, Bealka and Mayor Kimble Nays: None 1. Directing Payment of Bills. 2. Purchase of two air compressors Public Works 3. Hang Banner Jan. 25 Feb. 8, 1997 Catholic Schools Week 4. Taxicab License Renewal Stillwater Taxi 5. Towing License Renewal Stillwater Towing 6. Approving contracts for Official Newspapers for 1997 7. Flood Hazard Mitigation Grant Agreement for Long Lake flood study 8. Permanent employment of Steve Wicker as Laborer/Maintenance Worker 9. Employment of warming house attendants 10. Employment of Dan Crimmins as Laborer/Maintenance Worker 11. Authorization to start hiring process for one full -time and four part-time police officers 12. Purchase of skid steer loader trailer Parks Department 3 13. Approving compensation for City Coordinator 14. Change Order No. 3 AVI Systems, City Hall Building Project 15. Proposal Request No. 20 City Hall Building Project 16. Purchase of sewer televising system 17. Authorization to start hiring process for one full -time senior account clerk 18. Purchase of copy machine 19. Purchase of mail machine 20. Designation of Depositories for 1997 21. Purchase of CD -ROM for IBM Model 320 computer Finance Dept. STAFF REPORTS Finance Director Deblon presented premium options for worker's compensation insurance and requested Council direction Motion by Councilmember Thole, seconded by Councilmember Bealka approving retro -rated premium option for worker's compensation insurance. All in favor. Community Development Director Russell informed Council the City has been awarded Tax Base Revitalization Account grant funds for asbestos abatement at the Maple Island site. City Engineer Eckles requested a special workshop meeting be held to discuss issues relating to annexation such as sewer service, utility routes, and financing. Motion by Councilmember Thole, seconded by Councilmember Zoller to set special meeting for 4 p.m., January 21, 1997, for workshop relating to utilities in the annexation area. All in favor. UNFINISHED BUSINESS 1. Adopting Final Budget for the Year 1997 Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 96 -301, Adopting Final Budget for the Year 1997. Ayes: Councilmembers Thole, Bealka, Cummings, Thole, and Mayor Kimble Nays: None Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 96 -302, Adopting Final Tax Levy for the Year 1997. Ayes: Councilmembers Thole, Bealka, Cummings, Thole, and Mayor Kimble Nays: None 2. Approval of contract for Architectural Services for St. Croix Valley Sports Complex. Council directed the contract be amended by removing liquidated damages clause and approval contingent upon final review and approval by the City Attorney. 4 Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 96 -306: Approving contract with Ankeny Kell Architects, P.A. and Stefan/Larson Associates for architectural services for St. Croix Valley Sports Complex, as amended. Ayes: Councilmembers Thole, Zoller, Bealka and Mayor Kimble Nays: Councilmember Cummings 3. Approval of construction manager for St. Croix Valley Sports Complex. Community Development Director Russell requested direction to request a proposal from George Olsen Construction (GWO) for construction management services for the sports complex. Because of the tight schedule and experience working with George Olsen Construction (GWO), he recommended the City not solicit other proposals. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to obtain proposal for construction management services from George Olsen Construction. All in favor. 4 -1 (Kimble- nay) NEW BUSINESS 1. Request for "Fast Track" permit for construction of professional building. John Whitcomb, representing the project for marketing /leasing, explained the request. Staff recommended approval of a "fast track only" allowing the contractor to bring the building to grade, subject to adequate time for staff review. Motion by Councilmember Thole, seconded by Councilmember Zoller approving "fast track" permit for construction of professional building located at 2000 Washington Avenue subject to city staff having appropriate time to complete reviews before issuance. All in favor. 2. Possible appointment to fill vacancy on Human Rights Commission. A letter was received from Karen Bergren, Chair of the Stillwater Human Rights Commission, stating the Commission recommended the appointment of Brock Christensen to fill the unexpired term of Amanda Harrington, who resigned due to heavy school and activity obligations. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 96 -307, Appointing Brock Christensen to fill the unexpired term of Amanda Harrington as student representative on the Stillwater Human Rights Commission. Ayes: Councilmembers Thole, Bealka, Zoller, Cummings and Mayor Kimble Nays: None 3. Possible first reading of ordinance establishing moratorium on construction of PCS, cellular or page antenna towers. City Attorney Magnuson presented information relating to the 1996 Telecommunications Act as it relates to local zoning authority and recommended placing a 90 -day moratorium on the approval of any requests for cellular, pager, and PCS towers until adequate conditions of approval are developed. 5 Councilmember Cummings noted a letter had been received from Max Thompson, AT &T Wireless, stating AT &T was currently participating with Washington County's process on these issues and requested participation in the drafting of the City ordinances. Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the first reading of ordinance establishing moratorium on construction of PCS and cellular or Page Antenna towers for a period of ninety (90) days). Ayes: Councilmembers Thole, Bealka, Cummings, Thole, and Mayor Kimble Nays: None 4. Possible first reading of ordinance establishing regulations related to use of right -of -way of telecommunications companies and others. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the first reading of ordinance establishing regulations related to use of right -of -way of telecommunications companies and others. Ayes: Councilmembers Thole, Bealka, Cummings, Thole, and Mayor Kimble Nays: None 5. Consideration of the purchase of 2.78 acre Larson property located south of McKusick Road and west of Neal Avenue Community Development Director Russell reported staff had, at Council request, negotiated the purchase of four parcels of land bordered by McKusick Road, Neal Avenue, and the Minnesota Zephyr railroad line. He stated the offer of $50,000 had been accepted by Mr. Bob Larson. Motion by Councilmember Zoller, seconded by Councilmember Bealka directing staff to obtain reappraisal of 2.78 acre Larson property located south of McKusick Road and west of Neal Avenue and return to Council. Ayes: Councilmembers Thole, Bealka, Cummings, Thole, and Mayor Kimble Nays: None COUNCIL REOUEST ITEMS Thole requested an amendment to the snow removal ordinance. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the first reading of ordinance amending city code relating to snow removal. Ayes: Councilmembers Thole, Zoller, Bealka, Cummings and Mayor Kimble. Nays: None Motion by Councilmember Cummings, seconded by Councilmember Thole to waive payment of building fees for sports complex. All in favor. 6 STAFF REPORTS (continued) Community Development Director Russell suggested Council appoint a working committee that would meet as needed to provide the architect input into the programming and design of the facility. He recommended a composition to represent the interest of the users and contributors. Council determined the composition to be as follows: (1) City Council; (1) Staff (1) St. Croix Valley Sports Facility Commission; (1) Hockey Association; (1) Soccer Association; (1) City resident; (1) Oak Park Heights resident(1) Representative from contributing organizations; (1) School District #834 for a total of 9 members. Motion by Councilmember Thole, seconded by Councilmember Bealka establishing the St. Croix Valley Sports Facility Ad Hoc Committee to be composed of the following: (1) City Council; (1) Staff (1) St. Croix Valley Sports Facility Commission; (1) Hockey Association; (1) Soccer Association; (1) City resident; (1) Oak Park Heights resident(1) Representative from contributing organizations; (1) School District #834 for a total of 9 members. All in favor. Council will make appointments at the January 7, 1996, meeting. City Coordinator Kriesel requested authorization for the expenditure of up to $5000 for the demolition of a structure located at 2013 North Third Street. Motion by Councilmember Thole, seconded by Councilmember Bealka authorizing the expenditure of up to $5000 for the demolition of a structure located at 2013 North Third Street. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 8:15 p.m. All in favor. Attest: City Clerk Resolution 96 -295: Resolution 96 -296: Resolution 96 -297: Resolution 96 -298: Resolution 96 -299: Resolution 96 -300: Resolution 96 -301: Resolution 96 -302: Resolution 96 -303: Resolution 96 -304: Resolution 96 -305: Resolution 96 -306: Resolution 96 -307: Mayor Directing Payment of Bills. Approving contracts for Official Newspapers for 1997 Flood Hazard Mitigation Grant Agreement for Long Lake flood study Permanent employment of Steve Wicker as Laborer/Maintenance Worker Employment of warming house attendants Employment of Dan Crimmins as Laborer/Maintenance Worker Adopting Final Budget for the Year 1997 Adopting Final Tax Levy for the Year 1997 Approving compensation for City Coordinator Change Order No. 3 AVI Systems, City Hall Building Project Designation of Depositories for 1997 Approving Contract with Ankeny Kell Architects, P.A., and Stefan/Larson Associates for Architectural Services for St. Croix Valley Sports Complex Appointing Brock Christensen as the Student Representative on the Human Rights Commission 7 CITY OF STILLWATER Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: January 7, 1997 Subject: Invitation from Library Board to tour Library On behalf of the Library Board, Lynne Bertalmio, Stillwater Public Library Director, has invited Council to tour the library in February. She will be attending tonight's 7 p.m. meeting and will discuss scheduling options at that time. LIST OF BILLS EXHIBIT "A" TO RESOLUTION Allphase Companies Bailey, Chuck Burmaster, Russell BWBR Architects Cargill Salt Carlstrom, Dean Chemsearch Eberhard Construction Express Photo Freds Tire Gopher State One Call Graingers Honeywell Kangaroo Self Storage Kriesel, Nile Lenfer Transmission Company Mil Life Miller, Davin MN Asphalt Pavement Assoc. Northwestern Tire Reed Bechtold SECOM Seim, Margaret Shiely Sand Stillwater Towing Thueson, Matt Tousley Ford Truck Utilities Washington County I.S. Wearguard Youth's Safety Company Zee Service Zoller, Rob ADDENDUM AT &T AT &T Wireless Airtouch Cellular American Payment Centers Ameridata Bailey, Chuck Bliss Plumbing Bryan Rock Cargill Salt Catco Commercial Roof Maint. Crysteel Truck Desch, Mark and Gloria 97 -1 Brick Street Lift Patch Main St. Stairs Custodial Services City Hall Project Salt Keys Cleaner Park Shelters November Photo Developing Tire Repair November Calls Air Compressors Security System Storage Space Rental Health Ins. Reimbursement Rebuild Transmission Flex Account Fee Clothing Class Registration Tire Repair and Disposal Dump Truck Rental Citation Holders Uniform Shoes Sand Tow Grader Internet Project Door Panel Assembly Plow Truck Parts Consultant Services Jacket Fire Education Magnets First Aid Supplies Fire Education Supplies Phones /Long Distance Cellular Phones Cellular Phones Box Services CD ROM Catch Basin Repair Glass Rock Salt Rebuild Pump Roof Repair Auger Assy. Parking Lease /Maintenance 430.00 500.00 60.00 3,900.76 4,586.17 13.94 102.52 4,850.00 48.04 13.57 44.00 423.88 356.26 204.00 94.80 2,098.70 1,339.00 272.00 100.00 444.14 304.00 31.42 53.20 1,280.23 133.13 243.00 486.81 12.14 224.53 121.99 302.10 35.17 103.04 217.71 152.48 19.13 76.00 313.11 400.00 3.86 88.69 900.62 34.62 100.00 486.69 742.30 Gordon Iron and Metal Heritage Printing ICBO Jansens Cleaning Service Jim Weber Inc. Kimball Midwest Kriesel, Nile Lake Country Chapter Magnuson, David Maids of St. Croix NSP On -Site Sanitation Peltier, William Pony Express Reloaders Reliable Appliance Service Rowekamp and Associates Shaw Lumber Shiely Sand Stillwater Area Chamber Stillwater Gazette St. Joseph Equipment The Courier U.S. West Valley Auto Supply Viking Office Products Washington Co. Surveyor's Washington Co. Surveyor's Wybrite Ziegler Oxygen Forms Accessibility Checklist Maintenance Agreement Bobcat Service Bolts /Nuts Refreshments /Meals Seminar Registration Legal Services Cleaning Services Gas /Electric Unit Rental /Service Bar Stools Ammunition Vacuum ArcView Software Fence and Posts Sand Annual Dues Legal Publications Motor Council Proceedings Phones /Long Distance Misc. Auto Parts Office Supplies Office Digital Parcel Map Data Office Maps Maintenance Agreements Adopted by The City Council this 7th Day of January, 1997 APPROVED FOR PAYMENT Total Due: 21.30 117.68 26.63 1,164.50 720.00 155.21 77.85 270.00 9,422.24 321.09 2,596.39 50.65 207.64 378.82 346.13 1,683.33 173.65 736.60 575.00 337.76 136.62 50.75 414.83 752.47 554.12 106.50 127.80 410.50 265.88 48.949.69 STAFF REQUEST ITEM 411 DEPARTMENT PARKS MEETING DATE JAN. 7- 1 997 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to have a winter enclosure and heater installed in our Case Skid Loader. The Case is used for snow removal in winter. 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) Budgeted for under C/O machinery for 1997 ADDITIONAL INFORMATION ATTACHED YES NO I ALL COUNCIL REQUEST ITEMS MUST BE SUBMIT 1 ED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMI ED BY DATE 3 e% STAFF REQUEST ITEM DEPARTMENT ha z MEETING DATE l ej 9 7 DESCRIPTION OF REQUEST (Briefly outline what the request is) //i C- e r71 45 rv, (2(4 /.�/Uii Lc%'hf T� nab /2 >n i t2 i. ceeor F ns Rc mod) 6 1:79 17 )-77. elZ 4 r�c�.u.s� i� Gr'. 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) 1 ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST TEMS MUST BE SUBMIT 1ED TO THE CITY CLERK A MINIMUM OF FIVE ING DAYS PRI TO 111E NEXT REGULARLY SCHEDULED COUNCIL MEETI ORDER TO BE PL ED IN TI COUNCIL MATERIAL PACKET. 1 SUBMITTED B DATE 12 k' CD N N czr L 1 c r U Z 0 a w LL 0 W Z j C. U. 4 0 z 0 z 0 U w c W o N vi i- t n w LL. z 3 Z D. p .J 4 N N o 0 0 CO al C 01 0 a) U s— rcs a) -Es LA U s- ra r r-' Y Q r r d W S- 0- .A 0 ril r 0 Cri Cr. m 2 7 z z 0 Q c0 0 0 0 E c 0 0 w tu N o. STAFF REQUEST ITEM DEPARTMENT Finance MEETING DATE January 7, 1997 DESCRIPTION OF REQUEST (Briefly outline what the request is) IBM Model 350 Computer, 14" Monitor, Printers and Software $4,331.36 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) Included in the 1997 Budget. ADDITIONAL INFORMATION ATTACHED YES NO X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IV THE COUNCIL MEETING PACKET. SUBMITTED BY l ill X f i1I DATE January 2, 1997 STAFF REQUEST ITEM DEPARTMENT Administration MEETING DATE January 7. 1997 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase the following items for the Administrative Assistant: Pentium 166 CPU computer /SVGA monitor 32 MB, 1.6 GB, 8X CD Rom, 33.6 modem $2,169 Brother laser printer 350 Corel Office Suite software 206 Monitor stand 50 (OMEGA 100mb zip drive and disks 300 Tax 200 Total: $3.275 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 above items are budgeted for in the 1997 budget ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACK SUBMITTED BY DATE //0 ATTEST: CITY CLERK RESOLUTION NO. 97 -2 APPROVING PERMANENT EMPLOYMENT OF SHELLY SCHAUBACH AS SENIOR ACCOUNTING CLERK BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the permanent full -time employment of Shelly Schaubach as Senior Accounting Clerk, from and after December 16, 1996, having served a probationary period of six months, is hereby approved. Adopted by the Council this 7th day of January, 1997 MAYOR Attest: Morli Weldon, City Clerk RESOLUTION NO. 97 -3 APPROVING RETAINER FOR CITY ATTORNEY FOR YEAR 1997 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the retainer for City Attorney David Magnuson for the year 1997 be $47,740, effective January 1, 1997. Adopted by Council this 7th day of January, 1997. Jay Kimble, Mayor (Note to Council: This represents a 3% increase, as budgeted for 1997) TO: Mayor and Council FR: City Coordinator RE: Proposal Request No.'s 21 23 DA: January 7, 1997 MEMORANDUM Discussion: Accompanying this memo are Proposal Request No.'s 21 23, City Hall project (along with supporting documentation) for your approval. I have also included an update of the Construction costs. As you can see I am recommending approval of only the first three items on PR 21. The remaining items were to replace the exterior light fixtures on the west side of the building. The cost to do so was over $4800 and I do not think the cost justifies replacing the fixtures. However, I think the globes on the existing fixtures could be replaced at a reasonable cost and I will work to find a suitable replacement. Recommendation: Approve Proposal Request No.'s 21 23. RESOLUTION NO. 97 -4 APPROVAL OF PROPOSAL REQUESTS NOS. 21 and 23 CITY HALL BUILDING PROJECT NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Proposal Requests (Change Orders) Nos. 21 and 23, attached as Exhibit A, are hereby approved; and the appropriate councilmember and staff are hereby authorized to sign the necessary forms. Adopted by Council this 7th day of January, 1997. Attest: Morli Weldon, City Clerk Jay Kimble, Mayor /2 2 i 1. Install an air trap on the combustion air intake duct in mechanical room 1 /1 (Add)( fly ,3 7 52 Originated by Approval 21 -2. Install a 6" round duct with supply air register into room 158 from the round sip y (Add) (400066, t 302. Originated by proval 21 -3. In lieu of item 2, provide a price for installing five feet of finned tube radiation jn_room 158 with an automatic thermostatic control valve. (Add)(4 1 7`- /6<5 Originated by Approval 21 -4. Remove six existing type "M" fixtures andlone type "L" fixture on the west wall of City Hall. Reference Sheet E3. (Ad. 05. iy 0A4t4( Originat by 4 3 Approval 21 -5. Remov- •ne existing fixture indicated on the north wall at exit from the fi station. Reference eet E3. (Add)00.410.4 4. Originated by cc $f Approval 21 -6. Delete tb...instecffation of o type "Z" fixture indi a ed on the north wall at exit from the fire station. Turn fixture over to o er. Refer n Sheet E6. (Add)(1 q' Originated by -74 33 5-° Approval 21 -7. Electrical contractor to p de and install line 9) fixtures as follows: A. Fixtures to be: Noral'orto surface mcuntpd, alum "um material, textured white finish, with a MHSO watt E -1 t edium base and poly carbonate le Install in lac ons where existing fixtures are removed. Co -ct fixtures to existing circuits and cont as required. Fixture installed at location of "Z" fixtu shall be connected to existi• fixture circuit and control located on north wall at exit from th ire station. C• ractor to verify voltage and mounting requirements. B. riginated by Attachments: None 400 Sibley Suee[ Suite 500 Si. Paul, Muu:soca 35101 :1: 612 222.3701 tal 612 222.8961 END PROPOSAL REQUEST 21 BWBR No. 95057.01 3- Dec -96 PR 21- Page 2 23 -1 Workout Room #001 Eliminate VCT4 entirely from pattern and revise pattern per Ins attached sheet PR23 -A1. 1 (Add) 3 Originated by Approval 23 -2. Kitchen Room #319 Eliminate all VCT 4. All VCT in this area to be VCT2. (Add) Originated by Approval Attachments: PR23 -A1 .w1 S.L4 y Si...... Sw Ss. P..1. .W..... 55101 el: 012 _2J7t11 L. 11 %1 *.,,‘sic.Dt END PROPOSAL REQUEST 23 B W I I R.'Ia 95057,01 26D.c -96 1•2( 27- Pa Re Original Cost Estimate CITY HALL PROJECT CONSTRUCTION COST UPDATE January 7, 1997 General Construction $3,238,512 Other 676,132 Contingency 161.925 Total Original Estimate $4.076.569 Current Estimate General Construction: Base bid Additions Approved change orders General (Schedule B)- No. 1 thru 8 $110,866 AV No. 1 thru 3 1,105 PR #20 (1651 Pending change orders PR #21 *2,365 PR #23 *84 Fire Station exhaust *56.748 Other: Owners Construction Items- (Schedule A) Total Current Estimate Recommended for approval this meeting (1/7/97). To be determined at a later date. 3.238.512 Total approved 111,806 Total pending 59.197 Total Additions 171.003 Total General Construction 3,409,515 689.742 4.099.257 SCHEDULE A OWNERS CONSTRUCTION ITEMS Original Estimate Current Estimate State surcharge 3,500 I,300 SAC/WAC 3,000 Water hook -up fees 500 Site survey I,300 1,300 Soil tests 1,632 1,632 Concrete testing 10,000 10,000 Janitorial clean -up 1,000 1,000 Builder's Risk insurance 4,200 2,834 Asbestos removal 25,000 29,676 Furniture 66,000 70,000 Audio /visual 90,000 110,000 Rental and storage 10,000 5,000 Architectural 410,000 407,000 Bonding/financing 50.000 50.000 Total 676.132 689/42 1 General- CITY HALL PROJECT SUMMARY OF APPROVED CHANGE ORDERS January 7, 1997 No. 1 5,500 No. 2 (PR 1 thru 8) 22,426 No. 3 (PR 9) 32,120 No. 4 (PR 10) 2,151 No. 5 (PR 11 12) 20,158 No. 6 (PR 13) 9,487 No. 7 (PR 14 thru 16) 9,728 No. 8 (PR 17 thru 19) 9,296 PR #20 (1651 Total General 110.701 Audio Visual- AV #1 550 AV #2 555 AV #3 0 Total Audio Visual $1.050 Total $111.751 SCHEDULE B STAFF REQUEST ITEM DEPARTMENT: Building Inspection MEETING DATE: January 7, 1997 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request permission to purchase building permit software, computer with additional software for support of building permit software (i.e., for modem), printer and computer workstation. 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) Building permit software Computer, printer and additional software Computer workstation Approximately $8,700 Approximately $3,800 Approximately $2.500 TOTAL Approximately 15.000 These items have been budgeted for in the 1997 Capital Outlay Budget. ADDITIONAL INFORMATION ATTACHED YES NO X ALL COUNCIL REQUEST ITEMS MIDST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET SUBMITTED B /..t" �i�: -e'il 0-G'ti DATE I 3 l PLANNING APPLICATION REVIEW FORM CASE NO. SUB/96 -75 Planning Commission Date: December 9, 1996 Project Location: 608 North Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: City of Stillwater Type of Application: Subdivision Project Description: The request is to subdivide the existing prison 10.33 acre site into two lots of approximately 5.26 (hotel development) and 5.07 (city) acres. Discussion: This subdivision request is a part of the territorial prison conversion project. The city currently owns the entire site. The development portion of the site will be sold to the developer and the city will own the remainder of the site. A trail will be constructed over the city owned land around the perimeter of the development site. The subdivision arrangement meets zoning and subdivision requirements for the CBD district. Recommendation: Recommend approval to the city council. Conditions of Approval: 1. The final survey and lot description shall be provided before final plat approval. Attachment: Map CPC Action on 12 -9 -96: +7 -0 approval c4; Street PLANNING APPLICATION REVIEW FORM CASE NO. SV/96 -74 Planning Commission Date: December 9,1996 Project Location: Portion of Sycamore Street and portion of Carnelian Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Elizabeth Whitbeck Type of Application: Street Vacation Project Description: A petition for a street vacation to vacate a portion of Sycamore Street and a portion of Carnelian Street north of Sycamore. Discussion: The request is to vacate Sycamore Street between the west side of William Street and County Road 5. Along with this request is the request to vacate Carnelian Street 50 feet north of Sycamore Street to 210 feet north of Sycamore Street. Conditions of Approval: 1. Drainage easements shall be maintained as required by the engineer. Recommendation: Approved as conditioned. Findings: The street vacations have no impact on public facilities. Attachments: Application Form CPC Action on 12 -9 -96: +6 -0 approval. Street Location: Affected Properties: PETITION FOR VACATION OF STREET LOCATED IN THE CITY OF STILLWATER Provide parcel map and legal which vacation is requested. List all property owners who street vacation area. NAMES 9 rf S I�EI 4T 4 4; 6c,K)1)12A" t-i.ve/cce 8./1_,D1 1 S}/i/ e,eS®N-f ,7C J-/v71/ LA-/S4( /1 iyj�b `70R,04t 3 4 .33 description of street for own property abutting the LEGAL DESCRIPTION OF PROPERTY OWNERS l.9 I 6,9-eJ p-e t i a ee,f xi/ 7 ]-Lo (BLK IL) Aor 1 0 4 K 4c/ Ler 5 Pr Ler (B' /4) GB LK /h, (BLK Lok /,23q». -e E -/2 /L E7Y di /l7 /7igL CX" A�ITeS� 4/620 od C6e,t.ei L, T c I ptvrl B L p r a. (si- x /5 .74/ne s c 1- CANc/� /L1 L,50/1V e C. Deof The undersigned, a majority of the abutting property owners listed above, respectfully petition the City Council to vacate a portion of a City street as described above. NAMES ,U f /,,)4. S ze 4/ C 24 y z t 5 ADDRESSES PHONE NO. /3 /S )1d C9 -ccie d S' Received this /9 (}jicf rn—e 2 --3o 7 4/3 37. f 3c X962 day of 19‘4, Hw_e- /J.ti Guy u� e Le ��1� �fi; Z c. (U L L GL C G Ya_ e_ S t E-f eCf) fe A/ 42 a /1C' YE' itm.OT g.-. u ,(OO @6) -v '1 (nn70 LS 't (008�y' r(009 `7 .(0104) i --•'(0011)' 1 till (novel 1.1 AO (0103} t om -Oast �y (o0 (01ot) 6018)• 4 s. t (00t9 ,(00( tt A x (OIOQ .7 4 r \(4032 s -a 1 _(OOEbl_ (0065} `>1 10 (ooat) (0064) 1 1 (1063) (0060) 12 y 11 005 10 0 0 51 15 14 (00 15 17 16 05 ono) 10 (4010) 5P (0018 16 1N (o 01z)? a (0074}1 (00)6) DLlE g (0413) 1' (0075) ,y" i (004 to t7 004,) 16 14 (Or 10 17 046; 15 14 (C1 Do) (0 t7 (011 Rollc•rt G. Briggs*. Marl: ierlen Gres ory CT �JdIIc•r� Nevin I\ S6e,e6er T homas •1. \V eiclner Mayor Jay Kimble 412 West Elm Street Stillwater, MN 55082 1..a Councilmember Terry Zoller 615 South Broadway Stillwater, MN 55082 Councilmember Eric Thole 504 West Olive Street Stillwater, MN 55082 LAW OFFICES OF Bri Wolff ierlin P.L.L.P. 1855 Northwestern Avenue ,ceiter. Minnesota 55082 15S) -2878 1'. (612) L59- '})'25 Direct Dial No. 351 -2115 December 30, 1996 Councilmember Gene Bealka 711 Lake Drive Stillwater, MN 55082 In Re: Proposed Vacation of Carnelian Street Case Number SV -96 -74 Dear Mayor Kimble and Members of the Stillwater City Council: haul Viola l (19 L l- IS)S)(;) *O,..I,r,�•el \e_ „�,.,I .\,h,, MMA,.,1,. Councilmember Richard Cummings 1060 Amundson Drive Stillwater, MN 550982 S usan D. OIs,,n [avid l\ .7nvtle•r .(1,..,l,ce.el \e•„l..J .\1I„1.At.., err,r..•.i ItcnI Ii..I.,i. s,.t I wish to advise you that I represent the Stillwater Country Club, and my client has requested that I notify you of my client's objection to the proposed vacation of Carnelian Street, which is scheduled for a public hearing on Tuesday, January 7, 1997. Enclosed herewith please find a drawing of a five (5) acre parcel which my clients own, which abuts Carnelian Street, which is proposed to be vacated. It is the position of my client that Carnelian Street provides the only reasonable access to this parcel. Apparently it has been suggested that access could be obtained off of Moore Street. However, it is my understanding that Moore Street is not platted westerly to my client's property, and that there is a home located on the extended right -of -way of Moore Street, thereby making access from that direction via a public street not feasible. It is our understanding that it has also been suggested that access to my client's parcel could be provided from County Road 5. Again, it is the position of my client that access from the west is not feasible because my client does not own the land abutting County Road 5, and because of the very rugged terrain and wetland areas which are located in that area. It therefore appears that, if Carnelian Street were vacated as proposed, my client's five (5) acre parcel would become landlocked, and this is not December 30, 1996 Page 2 acceptable. Based upon our understanding, it would appear that the petition to vacate Carnelian Street is not in the public interest and should be denied. We will plan to appear before the City Council at the public hearing, but should the Mayor, members of the Council or members of the staff desire to discuss our concerns in further detail prior to the public hearing, we would be happy to do so. Thank you for your consideration regarding the above. JFL:dmr Enclosure c: Nile Kriesel Steve Russell Dave Magnuson Yours very truly, Jams F. Lammers oa 13 A co 7 to er �r fik .t, 4 r O 1 O CA 0 X 0 i N q 11 P. o x u -t a c g' 0 N 0- fi 'LS 4. g H CD N 0 rr n t g,t•1; r 1'. t At r• ar' 1 E; ,VII 4111(1. i '1 N 11 co C I CD Ill 1 co o N ut {1 �:r.` o i tiyl,? .1: MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 30, 1996 RE: CONSTRUCTION MANAGER PROPOSAL FOR ST. CROIX VALLEY SPORTS COMPLEX Based on the direction received at your meeting of December 17, 1996, staff has received a proposal for construction management services from Dick Olsen of George Olsen Construction. Staff has reviewed the proposal with standards for similar work (cost and scope of services) and find the proposal complete and at a cost at or lower then costs for a similar service. An advantage of hiring Olsen Construction is the existing working relationship on the city hall project and familiarity and commitment to the sport complex of Dick Olsen. Recommendation: Approval of standard form agreement (resolution). TO: Mayor City Council MEMO FROM: Diane Deblon, Finance Director DATE: January 7, 1997 SUBJECT: AUAR Other related studies in annexation area Background The City Council has previously authorized the expenditure of $18,000 for the Long Lake Study and $50,000 for the feasibility study in the annexation area. The proposed AUAR is estimated at $90,000. Analysis The total estimated for these three projects in the annexation area is $158,000. The City did not include any funding for these projects in our 1997 Budget. During prior meetings with the developers, city staff have informed and apprised the developers of their need to provide payment of these studies in the form of an up -front cash deposit to the city. This is similar to the billing for engineering services that is currently done by the city when a contractor is doing his own project. (Since there are three developers and much more money involved, a cash deposit if recommended in this instance.) Conclusion After discussion with the City Attorney, it would appear prudent and in the best interest of the city to require a deposit now. to cover the estimated cost of these studies ($158,000 total) to be shared by the three developers. Recommendation Staff recommends that the city council take action to require a combined cash deposit of $158,000 for the anticipated cost of these studies authorize the expenditure of the deposit as needed to pay for the above mentioned studies. TO: FROM: DATE: SUBJECT: Mayor and City Council Klayton H. Eckles City Engineer December 30, 1996 MEMORANDUM Contract for Professional Planning Engineering Services Alternative Urban Areawide Review (AUAR) DISCUSSION: Attached is the contract from Dahlgren, Shardlow and Uban for professional planning and engineering services for an environmental study of the Stillwater Annexation Area. RECOMMENDATION: Staff recommends Council approve the contract. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion approving the contract and authorizing the Mayor and City Coordinator to sign the contract on behalf of the City. 1 December 19, 1996 Honorable Mayor and City Council City of Stillwater c/o Klayton Eckles, P.E., City Engineer 216 North Fourth Street Stillwater, MN 55082 OBJECTIVE OF SERVICES ASSIGNMENT OF SUB CONSULTANTS DAHLGREN SHARDLOW AND UBAN INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 PHONE 612.337.5601 FAX CONTRACT FOR PROFESSIONAL PLANNING AND ENGINEERING SERVICES Agreement by and between the City of Stillwater, referred to in this contract as the CITY, and Dahlgren, Shardlow, and Uban, Inc., referred to in this contract as DSU, relating to the employment of DSU by the CITY as follows: The objective of our services will be to prepare and gain City and appropriate agency approval for an environmental study of the Stillwater Annexation Area. This study will be conducted on behalf of the CITY under the Alternative Urban Areawide Review process according to rules of the Minnesota Environmental Quality Board (EQB). The Stillwater Annexation Area, or Study Area, is about 1,800 acres in size and includes the area bounded generally by Minnesota Highway 36 on the south, Minnesota Highway 96 on the north, Washington County Road 15 on the west, and the current City limits on the east. DSU will utilize the services of other professionals for certain services within the overall scope of services covered by this contract. These sub consultants are identified as follows: Bonestroo, Rosene, Anderlik and Associates, Inc. (BRA) Northern Environmental Technologies, Inc. (NET) James Perry, Ph.D. (JP) David Braslau, Ph.D. (DB) The above consultants will perform the services noted with their name or initials in this contract, or as described by separate agreements between DSU and the consultants. City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 SCOPE OF SERVICES The services to be performed will be divided into three phases, with tasks as follows: Phase 1 Scoping Document DSU will prepare a Scoping Document, following closely the form and process of an Environmental Assessment Worksheet (EAW) under the EQB Rules, with the following tasks: 1.100. Working closely with City staff, DSU and the sub consultants will conduct research and analysis at an appropriate level of detail for an EAW and prepare an AUAR Scoping Document, answering the twenty -eight questions in the EAW form. Primary Responsibility: DSU, BRA, NET 1.200. DSU will send the Scoping Document, on behalf of the City, to the agencies on the EQB's distribution list for EAWs, as well as other interested parties identified and agreed to by the City, for review and comment within a thirty -day comment period. The purpose of the review will be to identify the issues to be covered and the analysis to be include in the AUAR. Primary Responsibility: DSU 1.300. DSU and the sub consultants will contact staff members in key agencies from the list noted above, both before and during the comment period, to discuss the AUAR project and any issues or concerns the agency staff might have. The purpose will be to provide information, answer questions, and promote communication throughout the AUAR process. Primary Responsibility: DSU, BRA 1.400. DSU and the sub consultants will work with City staff to select a Technical Advisory Committee for Browns Creek to work with the City throughout the course of the AUAR study. The purpose of the Committee will be to assist in identifying issues, impacts, and mitigative measures pertinent to Browns Creek. The consultants will hold at least three meetings with the Committee, one during the Scoping process, one during the Draft AUAR phase, and one before the Final AUAR and mitigation plan are adopted. Primary Responsibility: DSU, BRA, JP 1.500. Sometime before or during the thirty -day comment period, on a date agreed to by the City, DSU and the sub consultants will work with City staff to organize a tour of the Annexation Area for agency staff and other interested parties. The purpose of the tour will be to familiarize the agency staff with the character of the area and to answer questions they might have prior to offering their formal comments on the Scoping Document. Primary Responsibility: DSU, BRA City of Stillwater Contract for Services Annexation Area A UAR 12/19/96 1.600. At the end of the thirty -day comment period DSU, with the assistance of the sub consultants and City staff, will summarize the comments received from the agencies and other parties, and prepare a list of issues to be analyzed in the AUAR. This list will be summarized in written form with appropriate written and graphic commentary for presentation to the City Council. DSU will incorporate this information into a resolution to be adopted by the City Council ordering the preparation of the AUAR, listing the issued to be addressed and describing the geographical area covered by the review. Primary Responsibility: DSU, BRA Phase 2 Alternative Urban Areawide Review The actual scope of services for Phase 2 will be determined based upon the findings of the scoping process described in the previous section. DSU and the sub consultants will complete at least the following tasks in preparing the AUAR: 2.100. Draft AUAR Analysis 2.101. Draft AUAR format. The Draft AUAR will set out clearly the name of the project, identify the City of Stillwater as the Responsible Government Unit (RGU), and note the contact person(s) for comments and questions, as required by the EQB Rules. Primary Responsibility: DSU 2.103. Location and Maps. The following maps will be included: USGS Boundaries of the AUAR and subdistricts used in the AUAR analysis Land use Planning Zoning Cover map Additional maps as determined desirable Primary Responsibility: DSU, BRA 2.103. Description. The description will include anticipated types and density of development of residential, commercial, warehouse, and light industrial development and the infrastructure planned to serve the development. Roads, sewers, water and storm sewer services will be examined. Roadways serving the adjoining land uses within the AUAR will be included as part of the analysis. Using the recently adopted Stillwater Comprehensive plan as the foundation, an intensive review will be made of alternative transportation routes and the anticipated staging of various developments and related infrastructure. The analysis will address how the staging will influence the development schedule. Primary Responsibility: DSU, BRA City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 4 2.104. Project Magnitude Data. Using hand measurements, or GIS base mapping as available, we will translate the general land use designations in the Comprehensive Plan to numbers of residential units and square feet of commercial industrial development. We will convey this information, along with the assumptions used to generate it, to the City, the consultant team members, and commenting agencies in an easily understandable format. We will do the same for the various scenarios analyzed in the AUAR, and summarize them for the written documents. Primary Responsibility: DSU 2.105. Permits and Approvals. Working closely with the City staff and consultant team members, we will generate a list of the permits and approvals needed to carry the proposed plan to full development. We will verify the list with the various permitting agencies for inclusion in the AUAR documents. Primary Responsibility: DSU, BRA 2.106. Cover Types. A cover type map at a scale of 1 -inch: 200 -feet in digital format will be prepared depicting natural features, wildlife habitat, hydrology and land use. Aerial photo interpretation of these features within the AUAR will be conducted using 1994 infrared aerial photography. These features will be mapped and ground verified and, where necessary, field inspected to verify cover type composition and condition. A legend will be provided defining all features shown on the cover type map. Specific features shown on the cover type map include: 2.107. Wetlands Wetlands will be identified from the following sources; National Wetlands Inventory, DNR Protected Waters Inventory and the Washington County Soil Survey showing hydric soils. The wetlands will be classified according to the Cowardin and Circular 39 classification methods. 2.108. Lakes All lakes shown in the DNR Protected Waters Inventory will be shown. The shoreland classification for all lakes will be shown in accordance with the City of Stillwater Shoreland Management Ordinance. 2.109. Watercourses All streams, ditches and water courses shown in the DNR Protected Waters Inventory will be included. The shoreland classification for all watercourses will be shown in accordance with the City of Stillwater Shoreland Management Ordinance. Other watercourses identified from aerial photo interpretation will be mapped as they are identified. 2.110. Natural Communities Forest, woodland, prairie and wetland natural communities will be identified on color infrared aerial photography and field inventoried. The species composition of dominant tree, shrub, grass and forb species will be determined within each natural community. A grade indicating the relative condition of each natural community will be determined. The inventory, classification and grading of natural communities will be done in accordance with Minnesota's Native Vegetation: A Key To Natural Communities (Minnesota DNR Natural Heritage Program, 1993). City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 5 A Natural Community is defined as a group of native plants and animals that interact with each other and their abiotic habitats with minimal modification by humans or non native species. Natural communities are classified and described by considering vegetation, successional status, topography, hydrology, land forms, substrate, soils and natural disturbance regimes. 2.111. Cropland All areas of the AUAR presently or potentially used as cropland will be identified. The NRCS and Washington County SWCD will be consulted to determine the relative qualities of cropland. 2.112. Watershed Drainage Areas Watershed drainage areas will be determined from topographic maps of the AUAR Study Area and vicinity. 2.113. Stillwater Comprehensive Plan Items Natural setting locations, special study areas, open space inventory sites, restrictive soils, City linear and County trail plans and neighborhood boundaries will all be shown on the cover type map. Primary Responsibility: BRA (for items 2.106 to 2.113 under Cover Types) 2.114. Fish, Wildlife and Ecologically Sensitive Resources. The value of fish and wildlife resources is related to the quality of forest, woodland, prairie and wetland natural communities shown on the cover type map. The habitat value of natural communities will be assessed and impacts of different development scenarios evaluated. The assessment will identify high priority natural communities important to fish and wildlife resources and formulate strategies for stewardship and protection. Options for the restoration of natural communities important to fish and wildlife habitat will be explored. The DNR Natural Heritage Program will be contacted for information on rare features including rare natural communities and endangered plants and animals. Preliminary discussions with the DNR indicate the occurrence of the Louisiana Waterthrush within the lower reaches of Browns Creek. This bird is a special concern species and, could be sensitive to changes within Browns Creek. In addition to documented rare features, the probable occurrence of rare features within the AUAR will be assessed to determine if additional field surveys are required. All documented occurrences of rare features will be shown on the cover type map. Recommendations for the protection of rare features will be developed in cooperation with the DNR Natural Heritage Program. Primary Responsibility: BRA, JP 2.115. Physical Impacts on Water Resources. An assessment of impacts on water resources will be performed. Specific tasks as part of this assessment will include: City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 6 2.116. The inventory developed as part of this AUAR will be used to assess current conditions in the project area. 2.118. The City's Comprehensive Plan will be used to determine proposed land use changes in the project area. This primarily involves a change from agriculture, woodlots, grasslands, streams, lakes and large lot developments to a mix of residential developments. 2.119. Potential physical impacts to water resources resulting from the above land use changes will be assessed. These typically involve increases in runoff due to more impervious surfaces and natural drainage patterns being modified as runoff is channeled into road gutters, storm sewers, and constructed channels. 2.120. Any dredging, filling and other potential direct and indirect impacts to lakes, wetlands, streams will be assessed. This includes potential impacts to the immediate watershed and downstream watersheds. 2.121. The City's hydrologic analysis will be used to assess impacts to lakes. Of particular interest is future water levels in Long Lake. We will assess potential environmental impacts of proposed alterations to the Long Lake outlet to alleviate flooding problems(Being developed separately by the City) 2.122. Assessment of the flows into and out of all the lakes, wetlands, and streams under fully developed conditions will be done with the aid of the City's hydrologic analysis. 2.123. Of particular interest are the potential adverse effects to the trout fishery of Browns Creek and how these effects can be mitigated. 2.124. Assessment of the potential for increased erosion and sedimentation to the lakes, wetlands and streams and mitigative measures to reduce these impacts. Primary Responsibility: BRA, JP (all items 2.115 to 2.124 under Physical Impacts) 2.125. Potential Mitigative Measures For Quantity Related Issues A number of potential options are available to mitigate water quantity impacts to Browns Creek and Long Lake and will be addressed in the AUAR. These options include: Location of infiltration areas and potential detention facilities in the watershed which drain to the lakes and streams. Location of key wetland areas which are economically feasible to restore and will provide storage and reduce the peak flow of the water going to the lakes and streams. Restoration of the wetlands would also provide the City with wetland banking credit for the city to use for future unavoidable wetland impacts. Locations for application of grassed swales to aid in filtering runoff and allow it to infiltrate before reaching the trout stream. Use of clean water diversions which involve grassed and curb diversions to route off -site runoff around parking areas, keeping runoff cooler and cleaner. Primary Responsibility: BRA, JP City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 2.126. Water Use. Development in the annexed area will require additional municipal supply sources to serve the increased population. The proposed locations for these future City water supply facilities will be provided by the City to the consultants. NET will prepare a quantitative groundwater analysis of the annexation area in order to predict the direct and indirect effects of additional pumping on groundwater levels. The groundwater analysis may also later serve as a basis for well site selection and related infrastructure planning. Primary Responsibility: NET 2.127. Water Related Land Use Management Districts. We will identify applicable water related land use regulations (shoreland, wetland, flood plain, stormwater management, etc.) within the Study Area. We will map the areas affected, based on available information, for inclusion in the AUAR documents. Primary Responsibility: DSU 2.128. Water Surface Use. We will verify with City staff the use, if any, of surface waters within the Study Area. Primary Responsibility: DSU 2.129. Soils. A map of the Washington County Soil Survey will be included in the AUAR. A general description of soil associations, their capabilities and their constraints will be examined. We will pay close attention to the thermal impacts of urban stormwater runoff. Primary Responsibility: BRA 2.130. Erosion and Sedimentation. We will evaluate the potential disturbance of surface features that may take place during development of the Study Area. These disturbances will be quantified and measures will be established for controlling resulting erosion and sedimentation. Primary Responsibility: BRA 2.131. Water Quality Surface Water Runoff. A detailed analysis of stormwater issues within the AUAR will be conducted. Although water quality issues will be addressed throughout the entire AUAR area, particular attention will be given to Browns Creek. The analysis of water quality will include the following: Map of the proposed stormwater management system and of the water bodies that will receive stormwater. Description of the stormwater system which identifies on -site and "regional" detention ponding and an indication of whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on -site ponds will be used but have not yet been designed, the discussion will indicate the design standards that will be followed. Nutrient budget analysis of all "priority lakes" as defined by the Metropolitan Council. Lakes within the AUAR area include Long Lake (82 -21), South Twin Lake (82 -48) and McKusick Lake ((82 -20). None of these lakes is listed as a priority lake. However, nutrient analysis will be performed as needed to establish water quality standards for stormwater treatment. City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 8 Evaluation of stormwater impacts on the chemical composition and temperature regime of Brawn's Creek. The evaluation will include establishment of baseline conditions of flow, temperature, chemical and biological conditions. Data from existing monitoring by the DNR (temperature, flow) will be used. From this information, a model will be developed to assess impacts of different development scenarios within the AUAR area on flow rates, temperature, sediment transport and chemical composition within Brown's Creek. Primary Responsibility: BRA 2.132. Mitigative Measures For Brown's Creek A number of potential options are available to mitigate water quality impacts to Browns Creek. These options stress an ecosystem based management approach to maintaining the ecological integrity of the stream corridor and trout fisheries. These options include: Riparian Corridors The extent and condition of riparian vegetation will be assessed. Areas lacking adequate vegetative cover will be recommended for planting of native vegetation. Protection of Groundwater Seepage Sources A survey of ground water seepage areas and spring fed tributaries will be conducted with all areas included on the cover type map. These areas will be recommended for protection from encroachment through the use of buffers or conservation easements. Diversion of Stormwater Diversion of stormwater to other drainage systems (such as outflow from Long Lake to McKusick Lake). This option could reduce water temperatures in Brown's Creek by increasing the ratio of cool ground water to warmer surface water. This option would minimize or eliminate stormwater discharge to Brown's Creek. Hypolimnetic Discharge The feasibility of lake outlets which discharge cooler water near the bottom of the lake will be evaluated. We will also analyze ways to create stratification in lakes or ponds to cause lower bottom temperatures and cooler discharge. Supplementing Browns Creek with Groundwater from a Water Supply Well We will analyze the options of diverting water from a shallow, nonmunicipal well that could be used to offset thermal impacts from stormwater runoff. Care will be taken to insure that the water chemistry of such groundwater is compatible with that of the Brown's Creek. Infiltration Methods of maximizing infiltration will be considered in order to minimize discharge of surface water to Brown's Creek. These methods include a rural/urban development featuring ditches, narrow roads and site grading to backyard swales. We will also look at infiltration basins that would take advantage of sandy soil to get surface water into the groundwater. Flow Minimization Minimizing discharges from the Annexation Area will be evaluated to prevent high flows from washing trout into the St. Croix River. These options could include reducing the amount of future impervious surface, storage, diversion and infiltration. In this and all water quality evaluations, we note that the City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 9 Annexation Area represents only 10 percent of the Brown's Creek tributary area and the City cannot be held responsible for correcting all of the watershed's problems. Primary Responsibility: BRA, JP 2.133. Water Quality Wastewater. The City of Stillwater is undertaking a feasibility study of the wastewater needs of the Annexation Area, and will provide the consultants with the proposed locations of these City facilities. The AUAR will identify impacts of the routes and recommend route adjustments or mitigations to the sanitary sewer system, as required. Utilizing recent studies and Metropolitan Council policies and projections, the AUAR will address the wastewater flow projections for the Annexation Area and surrounding areas to quantify the impact on the Stillwater Treatment Plant. The analysis will include discussion of mitigative measures necessary before, during, and after construction of these facilities. Primary Responsibility: BRA 2.134. Groundwater Potential for Contamination. A map will be prepared which will show the location of all known soil or groundwater contamination sites, as well as sites, due to past land use or activities, that are likely to exhibit contamination. The information collected to generate these maps will come from government record database searches, review of historical aerial photographs, interviews with those who have knowledge of the past land use of the area, and direct inspection. A provisional ranking of the highest threats to groundwater impacts will also be prepared. Primary Responsibility: NET 2.135. Solid Wastes; Hazardous Wastes; Storage Tanks. 2.136. Solid Waste Using the concept plan(s) developed for the Stillwater annexation area, an estimate of total municipal solid waste generated at buildout will be prepared based on formulas developed during the Maple Grove AUAR. Also, volumes of existing and predicted recycling and source separation progranns will be calculated. If appropriate, recommendations regarding recycling and source separation will be made. Primary Responsibility: BRA 2.137. Hazardous Waste and Storage Tanks The location of existing registered storage tanks and hazardous waste generators within the AUAR area will be itemized and shown on a map. In addition, the potential future locations of regulated storage tanks, as defined by proposed future land use, will be shown. Primary Responsibility: BRA 2.138. Traffic. Three goals will be achieved in the traffic assessment: Impacts created by the vehicle trips generated by the development scenarios projected for the annexation area will be identified. City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 10 Solutions to mitigate any identified impacts that occur as a result of the traffic generated by the development scenarios will be developed. Traffic forecast data will be provided for use in analyzing vehicle related air emissions and noise levels associated with the development scenarios. The following work tasks are included in this category: 2.139. Review of Previous Studies /Data The traffic analysis that has been completed as a part of the comprehensive plan will be reviewed. If additional data concerning the transportation systems, existing and projected, is required, such data will be collected and developed as a part of this work task. All available transportation system plans (e.g. City of Stillwater, Washington County, adjacent cities will be collected and discussion held with those agencies, if necessary, to further define the proposed systems). 2.140. Existing /Projected Conditions Analysis Using the traffic volume projections that have been completed for the comprehensive plan, an analysis of the existing conditions and future system facilities levels of service will be prepared. If adjustments to the projected volumes need to be made to coincide with the selected analysis year for the AUAR, these adjustments will be made as a part of this work task. The future year traffic volume projections will not, in this task analysis, include the development .traffic that will be a part of the AUAR. The impact of the development scenarios will be tested using these future volumes of background traffic as a base. 2.141. A UAR Trip Generation and Assignment The development scenarios for the AUAR will result in the generation of vehicle trips. We will identify the trip rates associated the various land use types and calculate the expected traffic volumes that could be generated by the development scenarios. All pass -by and dual- purpose trip assumptions that are applicable will be used. The trip estimates will be assigned to the assumed area roadway system for the peak traffic hours and on a daily basis. 2.142. Roadway Systems Analysis Following the assignment of the development scenario trips to the area roadway system, the analysis of the ability of these roadways to accommodate those volumes will be accomplished. These analyses will be conducted for the peak hours of the day which are considered to be the most critical time period with regard to traffic service. The service levels will be calculated for the future roadway system and will use the total (background plus development) traffic projected to an agreed upon future year. 2.143. Roadway Systems Mitigation If the above analyses indicate that the development generated traffic cause significant deterioration of levels of service, recommendations will be developed to mitigate these impacts. These mitigation measures may take the form of physical facility planning and/or improvements or can be travel demand management and system management improvement categories. The mitigation measures will be City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 11 discussed with the various governmental agencies having jurisdiction to gain consensus on the proposed measures required to mitigate the impacts. Primary Responsibility: BRA (all items 2.138 to 2.143 under Traffic) 2.144. Vehicle related Air Emissions. The vehicle related air emissions and air quality study will involve microscale (intersection) dispersion analyses and regionwide emissions analysis as required by conformity regulations. Intersections to be analyzed will be selected using an analysis that will identify those intersections with the highest potential for pollutant emissions and concentrations. The Minnesota Pollution Control Agency will be consulted with respect to the various parts of the analysis. This will include: The proposed microscale analyses; The determination of background Carbon Monoxide (CO) concentrations to be used for the study area, and whether additional CO monitoring is required to meet conformity requirements for the areawide review; State requirements for Indirect Source Permits that may be associated with components of the areawide plan. Any areas identified as potentially exceeding MPCA ambient air quality standards will be reviewed with traffic forecasting to determine what measures can be taken to ensure compliance with these standards. Primary Responsibility: DB 2.145. Dust, Odors, Noise. Measures to control dust and noise emissions during construction will be described. For the traffic noise analysis, roadways to be analyzed will be determined from traffic volumes developed in the traffic study. Background noise levels will be determined through noise monitoring at selected locations within the study area. The potential for noise impact will be based upon MPCA daytime and nighttime noise standards as well as the relative increase in noise above existing levels. Measures for mitigating potential traffic noise impacts will be evaluated and recommendations made. Coordination with MPCA and MnDOT noise staff will be maintained to identify any roadways that may require an exemption from the MPCA noise rules if no feasible noise mitigation measures are available. Primary Responsibility: DB 2.146. Sensitive Resources. 2.147. Archaeological, historic, and architectural resources A map of the AUAR area will be submitted to the State Historic Preservation Office (SHPO) of the Minnesota Historical Society for their review and comment as a part of the scoping process. If SHPO identifies known or high potential for significant sites, we will work with SHPO and the City of Stillwater to identify relevant concerns and perform site surveys and mitigation plans as appropriate. Primary Responsibility: BRA City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 12 2.148. Prime and unique farmlands A map of the AUAR area will be submitted to the Soil Conservation Service for scoring by their Farmland Conversion Impact Rating system. This evaluation will identify the relative rankings of farmland which will be converted within the AUAR area. Primary Responsibility: BRA 2.149. Designated parks, recreation areas, and trails We will conduct an inventory of all such existing areas including federal, state, county, and local designated areas, and compile the information in map and tabular form. Once the concept plan(s) are developed, we will discuss the predicted impacts to existing parks, recreation areas and trails. Primary Responsibility: BRA 2.150. Adverse Visual Impacts. We will analyze the Study Area for unique visual resources (natural features, vistas, etc.) and map them, if applicable. We will analyze the various development scenarios for expected impacts, if any, on the visual resources and describe them in the AUAR documents. Primary Responsibility: DSU 2.151. Compatibility with Plans. A written analysis will be prepared addressing compatibility issues for inclusion in the AUAR documents. Several plans and related documents are or will soon be available for the Annexation Area. These include the zoning ordinance; infrastructure plans for sanitary sewer, watermain, storm drainage and transportation; as well as the recently completed Comprehensive Plan. This data will be coordinated and incorporated into the AUAR as required. The AUAR will also qualify the impacts of implementing the infrastructure system. Here, as well as throughout the AUAR, the direction followed will be to prevent impacts wherever possible, as opposed to mitigating impacts. Amendments to the City's plan will be recommended as required. One alternative development scenario that will be evaluated in the AUAR is the development of more rural section roadways with narrower streets, ditches and backyard swales to minimize runoff and maximize infiltration. If this development scenario proves to have merit, a minor amendment to the Comprehensive Plan will be recommended. Primary Responsibility: DSU, BRA 2.152. Other Environmental Impacts. Based on our understanding of the Study Area and the analysis of other issues, we will identify other potential environmental impacts, if any, and describe them for the AUAR documents. Primary Responsibility: DSU, BRA 2.153. Summary of Issues. Based on the analysis by the consultant team in the Scoping Document and Draft AUAR, we will summarize the issues that appear to indicate potential environmental impacts. Primary Responsibility: DSU, BRA City of Stillwater Contract for Services Annexation Area A UAR 12/19/96 13 2.154. Mitigation Plan. Based on the environmental impacts identified in the Scoping Document and the Draft AUAR analysis, the consultant team will generate mitigation alternatives for various impacts. The mitigation plan will be an explicit action plan, citing actions to be taken, the responsible person or agency, measurement criteria, and a time line for completion each action. We will prepare the mitigation plan in draft form and discuss it informally with appropriate agency staff prior to recommending its inclusion in the Draft AUAR. Primary Responsibility: BRA, DSU 2.200 Draft AUAR Document. DSU will assemble the information and analysis prepared by the sub consultants into a Draft AUAR document, with written and graphic information as appropriate, and present it to the City Council for approval at a public meeting for review and comment. Primary Responsibility: DSU 2.201 Draft AUAR Distribution. After City Council approval, DSU will send the Draft AUAR to the various agencies on the EQB's distribution list and other interested parties for the required thirty-day comment period. Primary Responsibility: DSU 2.300. Draft AUAR Response and Comments 2.301. Communication with Agencies. DSU and the sub consultants will contact staff members in key agencies from the list noted above, both before and during the Draft AUAR comment period, to discuss issues or concerns the agency staff might have. The purpose will be to provide information, answer questions, and promote communication throughout the AUAR process. Primary Responsibility.' DSU, BRA 2.302. Receipt of Comments on Draft AUAR Document. We will receive and coordinate communication to consultant team members of comments on the Draft AUAR document. We will communicate this list of comments and issues to the City staff and other interested parties. Primary Responsibility: DSU 2.303. Response to Comments on Draft AUAR. Working closely with City staff, we will determine which comments are substantive and merit attention in the Final AUAR and which are merely advisory in nature. We will generate responses or further analysis needed to address the comments for inclusion in the Final AUAR. Primary Responsibility: DSU, BRA City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 14 2.300 Final AUAR Document 2.301. Based on the substantive comments on the Draft AUAR, the consultant team will prepare responses or additional analysis as appropriate to address the concerns of the commenting agencies. The responses will be communicated both informally to agency staff members and formally in the Final AUAR document. Primary Responsibility: DSU, BRA 2.302. DSU will assemble the Final AUAR document, either as a revised Draft AUAR document or as a separate document. The Final AUAR will be a summary of the responses prepared by the consultant team to substantive comments on the Draft AUAR, as well as a final mitigation plan, as required by the EQB Rules. We will send the Final AUAR to the agencies on the EQB distribution list and other interested parties for the required ten -day period in which to file objections to the Final AUAR and mitigation plan. Primary Responsibility: DSU 2.303. Prior to official City Council action on the Final AUAR, DSU and the consultants will host an Open House for the community to learn about the Final AUAR and the mitigation plan The meeting will features maps and written information in a manner easily understood in an informal setting, allowing discussion, questions and answers. Primary Responsibility: DSU, BRA 2.304. If there are no objections to the Final AUAR, DSU will assist the City staff in preparing a resolution for the City Council to adopt the AUAR and mitigation plan at a public hearing. Primary Responsibility: DSU 2.305. Objections to the Final AUAR. If objections are filed with the City to the Final AUAR, DSU and the consultant team will work with the City to correct reasonable technical deficiencies or errors on the part of the consultants and will make one appearance before the EQB in the process. Other types of objections or other meetings or analysis will charged extra. Primary Responsibility: DSU, BRA Phase 3 Additional Analysis and Study (Optional Services) 3.101. Objections to the Final AUAR. If objections are filed with the City to the Final AUAR, beyond those described above, DSU and the consultant team, as an optional service, will assist the City in negotiations to resolve the issues and prepare additional analysis or responses as needed. Primary Responsibility: DSU, BRA City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 15 3.102. Additional Studies. If the City needs additional study or analysis after the Final AUAR is adopted, to address issues that arise in the Study Area that may have potential environmental impacts, the consultant will assist the City in identifying the issues and designing and carrying out the necessary studies. PRODUCT TO BE PROVIDED The CITY will be responsible for providing DSU with a digitized base map of the Study Area for use in the AUAR analysis and documents. The CITY will also make available all plans, studies, and other documents pertinent to the Study Area and AUAR process. DSU will provide the City with written and graphic materials as appropriate at various stages of the project. All appropriate maps will be prepared in GIS digital format. COST OF SERVICES DSU and the other consultants will perform only the work described in this contract and will keep every effort to keep costs down. Additional services beyond the scope of this contract will only be performed with the express authorization of the CITY, communicated to DSU. The services described in this contract will be charged on a time plus materials basis, with a cost not to exceed the amount noted below for Phase 1. Phase 2 is estimated below, but will be negotiated with a cost not to exceed after the scoping process is complete and the list of issues to be addressed in the AUAR is certain. The estimated cost of each phase is further divided between DSU and the other sub consultants as indicated below: Phase 1 Scoping Document Not to Exceed Total Phases 1 and 2 Estimate 15,000 (Fifteen Thousand Dollars) DSU: $5,000 Sub consultants: $10,000 Phase 2 AUAR Estimate 75,000 (Seventy -five Thousand Dollars) DSU: $10,000 Sub consultants: $60,000 90,000 (Ninety Thousand Dollars) DSU: $15,000 Sub consultants: $75,000 Phase 3 Additional Studies Optional (to be negotiated) City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 16 The charges for services and expenses under this contract will be in accordance with the attached rate schedules for various consultants. Expenses are items typical and reasonable to work of this nature and include, but are not limited to: mileage, copies, photographic services, graphic supplies, postage, fax charges, and delivery charges. The CITY will be billed monthly with an invoice from DSU for the services rendered by DSU and the other sub consultants during the previous month. DSU will add a 10% handling charge to the invoices of the other consultants to cover administrative costs associated with this service. DSU will pay the other sub consultants after the CITY has paid DSU for services rendered and invoiced to the CITY. To each invoice not paid within thirty (30) days a service charge of one and one -half percent (1.5 will be added to the unpaid balance. COMPLETION TIME The consultant team will make every effort to complete the above tasks in a timely fashion. The anticipated completion schedule is dependent on timely comments from various agencies to complete our work, and on deadlines, meeting times, and approvals from the City and other agencies. Because of the nature of the work, we cannot guarantee a completion time, but will do our best to follow the Anticipated Completion Schedule attached to this contract. City of Stillwater Contract for Services Annexation Area AUAR 12/19/96 17 TERMINATION This contract may be terminated by either DSU or the CITY for any reason, with thirty (30) days written notice. If so terminated, DSU will be paid by the CITY for services rendered up to that point. Please have both copies of this contract signed and return one to us. DAHLGREN, SHARDLOW, AND UBAN, INC. Jool xf W. Shardlow, AICP President CONDITIONS IN THIS CONTRACT AGREED TO: FOR THE CITY OF STILLWATER Jay Kimble, Mayor Date Attachments: Rate Schedules Anticipated Completion Schedule C. John Uban, ASLA Date CEO Date Nile Kriesel, City Administrator Date ANTICIPATED COMPLETION SCHEDULE Stillwater Annexation Area AUAR Time 3 wks t 30 days 11 3 wks 30 days 2wks 120 days maximum 15 days min. Date December 3, 1996 December 23, 1996 January 2, 1997 January 7, 1997 January 20, 1997 January 27, 1997 January 30, 1997 February 25, 1997 February 27, 1997 March 4, 1997 March 21, 1997 March 26, 1997 April 1, 1997 April 14, 1997 April21, 1997 May 14, 1997 May 28, 1997 June 3, 1997 June 9, 1997 June 16, 1997 June 26, 1997 July 1, 1997 Item START Consultants prepare Scoping Document Draft Scoping Document ready for staff review Scoping Document submitted for City Council packet Scoping document approved by City Council Scoping Document submitted to EQB and agencies 30 -day Comment Period starts Tour of Annexation Area with agency staff 30 day Comment Period ends (Scoping Document) Consultants, staff prepare issues list, AUAR resolution Issues list, resolution submitted for City Council packet City Council adopts resolution ordering AUAR Consultants prepare Draft AUAR document Draft AUAR ready for staff review Draft AUAR submitted for City Council packet City Council approves Draft AUAR/Public Meeting Draft AUAR submitted to EQB and agencies 30 -day Comment Period starts Discussions with agency staff 30 day Comment Period ends (Draft AUAR) Consultants prepare Final AUAR Final AUAR submitted for City Council packet City Council approves Final AUAR/Mitigation Plan Final AUAR submitted to EQB and agencies 10 day Objection Period starts 10 -day Objection Period ends City Council adopts Final AUAR/Mitigation Plan Objections to the Final AUAR and Mitigation Plan after this point would follow the process outlined in the EQB Rules. STANDARD RATE SCHEDULE Staff Member Rate Principal $125.00 to $150.00 GIS Specialist $60.00 to $85.00 Accounting Specialist $60.00 to $85.00 GIS Analyst $45.00 to $60.00 Senior Planner $55.00 to $80.00 Planner $35.00 to $55.00 Landscape Architect $55.00 to $85.00 CADD Specialist $45.00 to $50.00 Draftsperson/Designer $35.00 to $55.00 Admin/Financial Specialist $40.00 to $55.00 Administrative Assistant $35.00 to $50.00 Outside Consultants Cost Plus 5% Supplies Cost Plus 15% Expenses Cost Plus 15% Mileage $0.30 Per Mile Travel Time Over 1 Hour 1/2 Hourly Rate Expert Testimony Two Times Hourly Rate (4 hour minimum) Special Counsel Howard Dahlgren $200.00 Public Presentations 1.5 Times Hourly Rate Past Due Accounts 1.5% Per Month CONSULTING PLANNERS DAHIGREN SHARDLOW AND •UBAN LANDSCAPE ARCHITECTS Billing Rate Schedule classification nr..Principal Principal/Project Manag Registered Engineer /Architect; Sr. Scientist Project Engineer /Architect/Scientist; Sr, Field Supervisor Graduate Engineer /Architect/Sctentist; Field Supervisor Senior Drafter Senior Technician; Inspector /Drafter Technician Word Processor Clerical Printing Total Station Equipment GIS Workstation Equipment These rates are adjusted annually in accordance with the normal review procedures of Bonestroo. Rosene, Anderlik and Associates, .Inc. Reimbursable Expenses Reproduction, printing, duplicating •:Field supplies, delivery charges :cellular telephone service Mileage Out -of- pocket expenses Hourly. flats 1101:00 60.00 78.00 68.00 62.00 86.00 52.60 37.50 37.00 29.00 20.00 20.00 Northern Environmental* Hydrologists Engineers Geologists Principal Director Senior Project Manager Senior Hydrogeologist Senior Engineer Senior Geologist Senior Environmental Scientist Project Manager Project Hydrogeologist Project Engineer Project Geologist Project Environmental Scientist Staff Hydrogeologist Staff Engineer Staff Geologist Staff Environmental Scientist Hydrogeologist 11 Environmental Engineer H Geologist 11 Environmental Scientist 11 Hydrogeologist 1 Environmental Engineer l Geologist 1 Environmental Scientist 1 Staff Environmental Technician Environmental Technician 11 Environmental Technician 1 Staff Accountant Accountant 11 Accountant 1 Administrative Group Leader Staff Administrative Aide Administrative Aide 11 Administrative Aide 1 i Ruiii stn t HL ST 4 3375601 ND .446 P001 FEE SCHEDULE 372 West County Road D New Brighton, MN 55712 fax 1- 612 635-0643 1- 612 -635 -9100 1- 800 776.7169 $125.00/hr 105.00 90.00 90.00 90.00 85.00 85.00 80.00 80.00 80.00 78.00 78.00 75.00 75.00 72.00 72.00 67.00 67.00 58.00 58.00 52.00 52.00 50.00 50.00 50.00 43.00 39.00 58.00 51.00 46.00 48.00 40.00 35.00 30.00 DAVID BRASLAU ASSOCIATES, INC. Transportation and Environmental Consultants Standard Rates and Charges As 011 December 1996 Personnel Principal $120.00 /hour Professional 75.00/hour Data Assistant 55.00/hour Other standard direct charges: Travel and subsistence (actual cost) Materials and supplies (actual cost) Telephone (actual cost) Delivery services /postage (actual cost) FAX transmittals $5.00/transmission Mileage $0.31 /mile Computer use 6.50/hour Xerox $0.15 /page Payments on invoices are due within 30 days of receipt. A service charge of 1.5% per month will be added to outstanding invoices after 30 days. JG1•itott•1e•lit• 41Pit.ta a -A. sib•lAeitrJb- •rtribei .O•Rpae b itsgbo D• itoTbeibe 1313 5th St. S.E. Suite 322 TEL: 612 331 4571 Minneapolis, MN 55414 FAX: 612 -331 -4572 Bob Schunicht Bonestroo, Rosene, Anderilk, and Assoc. 2335 West Highway 36 St. Paul, MN 55113 636-4600 Tony 1DeMars Bonestroo, Rosene, Anderlik, and Assoc. 2335 West Highway 36 St. Paul, MN 55113 636 4600 Mary Vogel Department of Landscape Architecture University of Minnesota 1251 Architecture 89 Church Street SE Minneapolis, MN 55455 626 -7417 Elliott Olson Trout Unlimited Dakota. Worldwide 4801 81st Steet, Suite 105 Bloomington, MN 55435 835 -4505 j:\jjm\gen\ardlist.wpd 01 /06/97 14:11 :03 N0:111 CITY OF STILLWATER ALTERNATIVE URBAN AREA -WIDE REVIEW TECHNICAL ADVISORY COMMITTEE LIST Mark Puttman Charles Cudd Company 1802 Wooddale Drive Woodbury, MN 55125 731 -3153 Lee Miller Secretary, Friends of Long Lake Homeowners 2962 Marine Circle Stillwater, MN 55082 439 -7619 Meg MeMonigal City of Stillwater /Stillwater Township Joint Planning Board McCombs Frank Roos Associates 15050 23rd Ave. N. Plymouth, MN 55447 Jerry Fontain Chair, Stillwater Planning Comminnsion 1618 West Willard Street Stillwater, MN 55082 j :1j j m\gen\ardlist. wpd CITY OF STILLWATER ALTERNATIVE URBAN AREA -WIDE REVIEW Molly Shodeen Area Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul MN 55106 772 -7910 Wayne larstad Environmental Assessment Biologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 772 -7940 Dave Zappetillo Area Fisheries Manager Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 772 -7963 Gene Soderbeck Minnesota Pollution Control Agency Water Quality Non -point Source Compliance Commission 520 Lafayette Road St. Paul MN 55155 296 -8280 TECHNICAL ADVISORY COMMITTEE LIST Klayton Eckles City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 439 -6121 01/06/97 14:11 l]] :02 N0:111 Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 439 -6121 Mark Doneux Washington County SWCD 1825 Curve Crest Blvd. Room 101 Stillwater MN 55082 439 -6361 James Perry, Ph.D. Department of Forest Resources University of Minnesota 1530 Cleveland Ave. North St. Paul, MN 55108 624 -3400 MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 30, 1996 RE: SCOPING EAW FOR STILLWATER ANNEXATION AREA The enclosed final draft scoping AUAR has been prepared for the city annexation area. The purpose of the document is to focus the environmental issue that will be more fully addressed in the Alternative Urban Area Wide Review (AUAR). Staff has reviewed the document and find it complete for council approval and submittal to the Environmental Quality Board for notification, review and comment. Recommendation: Approval of scoping EAW (resolution). Enclosure: Stillwater Annexation Area AUAR Scoping Document. MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 30, 1996 RE: REPORT ON RESPONSE TO RFP FOR DEVELOPMENT OF BLUFF CITY LUMBERYARD SITE A RFP was prepared and distributed to prospective multifamily urban density housing projects. Several informative inquiries were received from realtors and developers. Although no proposals have been received. In a related issue regarding the site, the UBC retail site is being redeveloped and parking for that facility is needed to accommodate that demand. It is suggested the council consider requiring the UBC owner to assist in improving the UBC site for public parking to accommodate the need for parking (100+ spaces) generated by the new use. A variance for parking for the new UBC use will be considered by the Planning Commission at their meeting of January 13, 1996. Recommendation: Keep options for reuse of the bluff city lumber site open and direct staff to work with the owner /developer of the UBC retail space to improve parking in the storage yard site to accommodate parking demand for new use. MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 30, 1996 RE: APPOINTMENT OF ST. CROIX SPORTS COMPLEX AD HOC COMMITTEE At meeting time a list of prospective members will be presented to the council for approval. The committee consists of the following members: 1 City Council (Gene Bealka) 1 St. Croix Valley Sports Facility Committee (Mike Polena) 1 Parks Board (Dave Junker) 1 Hockey Association 1 Soccer Association (John Melville) 1 City resident o,t,}. r A. 4 9 ¢l. 1 Contributing organization 1 Oak Park Heights (Mark Swenson) 1 School district fi THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON RICHARD D. ALLEN TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney 3 1\1\e DATE: January 3, 1997 RE: Consultant Contract with Legislative Associates, Inc. Nile and I have met with Ed Cain and have revised the Contact for consulting services according to our understanding of the direction given by the City Council at the last meeting. I enclose a draft that has been reviewed by Nile and myself and approved by Cain. The significant changes are in the compensation section which deletes the retainer that was paid in 1996 and substitutes that provision that provides for general services if authorized by the City Council at the rate of $65.00 per hour. The provision for flood control work contained in sections b and c of the compensation section is the same as the 1996 contract except for the change in dates. A new section has been added dealing with services related to the interstate bridge and this provides for services at the rate of $65.00 per hour not to exceed 30 hours per month from January 1, 1997, through March 31, 1997. We submit this Contract for Council review. DTM /ds Enclosure MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN MEMORANDUM This contract is made January 7, 1997, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City and Legislative Associates, Inc., 7920 Towerbell Court, Annandale, Virginia 22003, "Consultant The City desires to retain the services of the Consultant to obtain Federal and State support for the repair of the erosion of the levee wall located in Lowell Park, adjacent to the St. Croix River National Scenic River Way and related development projects in the City and to secure funding for a new National Guard Armory. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: Consultant will perform the following consulting and advisory services on behalf of the City: 1. To seek the transfer of an additional $2.125 million in Federal funding for Stage II of the project to extend the levee wall 1,200 feet North of the existing levee wall: a. To work with and secure the approval of the U.S. Army Corps of Engineers at Headquarters in Washington, D.C., the Regional Office in Chicago, and the District Office in St. Paul, to facilitate the necessary transfer of funds; Committees; c. To increase the Federal share of Stage II project costs to a total of $2.625 million, and a total project Stage II cost of $3.5 million. control project; CONSULTANT CONTRACT RECITALS SECTION I. NATURE OF WORK A. FLOOD CONTROL PROJECT b. To secure the required support of the House and Senate Appropriations 2. To see a provision in the FY 1998 Appropriations Act for the following purposes: a. To provide the $2.125 million needed for the completion of Stage II of the flood b. To provide $.7 million to develop the plans and specifications for Stage III (the flood wall construction) of the project; Page 1 $5.725 million. c. To increase the total federal appropriation for the project from $2.9 million to 3. To seek a favorable finding in the Corps of Engineers study to justify the financial cost/benefit ratio to the City of Stillwater in the construction of the Stage III flood wall by the following actions: a. By gaining the support of the U.S. House and Senate Authorizing Committees; b. By obtaining precedents for the use of historical sites as extraordinary conditions in the evaluation of the financial benefits of the flood wall construction; c. By working closely with the study team to assure the best advantages possible for the approval of the flood wall construction; d. By working with the Headquarters and Regional Office officials of the U.S. Corps of Engineers to assure a favorable approval of the study. 4. To maintain contacts and keep the Minnesota Congressional Delegation, the Minnesota State Legislature members, and the Minnesota Department of Natural Resources (DNR) officials informed of changes, problems, and progress in levee funding at the Federal level, and to work with State officials for additional State matching funds. B. GENERAL SERVICES General service work will require prior authorization of the City Council. C. NATIONAL GUARD ARMORY PROJECT 1. To seek the authorization of the Stillwater Armory Project in the House and Senate Military Construction bills at a total project cost of $3.612 million; $2.695 million in Federal funds, and $.917 in State funding. 2. To seek the appropriation of $2.8 million in Federal funds in the House and Senate Appropriation bills for FY 1996. 3. To seek the appropriation of $.928 million in State funds through the Minnesota Legislature. 4. To work with the Minnesota Department of Military Affairs, the Minnesota National Guard, the National Guard Bureau of the U.S. Department of Defense, and other State and Local organizations. 5. To utilize the offices and capabilities of the Minnesota Congressional Delegation, and to coordinate their efforts to obtain the needed legislation action. 6. To meet with the Congressional leaders and staff of the eight committees that are responsible for the legislative action needed to obtain funding for the armory project. 7. To prepare all written materials for the City, the Minnesota Delegation, and others contributing their support for the project. Page 2 8. To elicit additional support from Local and State organizations. 9. To follow the legislative process, attending Congressional hearings, meeting with Committee Members, and being responsive to questions and inquiries that may arise. D. INTERSTATE BRIDGE 1. Seek approval of the new interstate bridge including possible legislation to remove authority of National Park Service over project. 2. To utilize the office of the Minnesota Congressional Delegation and to coordinate their efforts to obtain the needed action. 3. Prepare written materials for the City, the Minnesota Delegation and others contributing support to the project. 4. To follow the governmental process with regard to the project and tote responsive to inquiries as they arise. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely at the City of Washington, District of Columbia and at the State Capitol of Minnesota and not in the Office of the City. SECTION III. TIME DEVOTED TO WORK The City will rely upon the Consultant to put forth such effort as is reasonably necessary to fulfill the spirit and purpose of the Contract. SECTION IV. COMPENSATION 1. The City will pay to the Consultant as follows: a. For general services at the rate of $65.00 per hour. b. For Federal legislative action on Section I., A., services related to the Flood Control Project during the months from January 1, 1997, through December 31, 1997, at the rate of $65.00 per hour not to exceed 45 hours per month. c. For State legislative action on Section I., A., services related to the Flood Control Project at the rate of $65.00 per hour not to exceed 30 hours per month beginning January 1, 1997, through May 31, 1997. Page 3 r (0 d. For Federal and State action on Section I., C., servic related to the National Guard Armory Project at the rate of $65.00 per hour not to excee+ ours per month from December 31, 1996, through December 31, 1997. If, however, a uthorization Bill is not successful, the Consultant must notify the City and this section of the Contract will be reevaluated and further services on the project possibly eliminated. SECTION V. DURATION e. For Federal and State action for Section L, D., services related to the interstate bridge, at the rate of $65.00 per hour not to exceed 30 hours per month from January 1, 1997, through March 31, 1997. f. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed in an amount not to exceed $100.00 per month unless prior written approval is given by the City. This Contract will be effective from January 1, 1997, through December 31, 1997. SECTION VI. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION VII. INDEMNIFICATION Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VIII. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. Page 4 IN WITNESS WHEREOF, the parties have set their hands this 7th day of January, 1997. Page 5 CITY OF STILLWATER By Jay Kimble, Mayor By By Morli Weldon, City Clerk LEGISLATIVE ASSOCIATES, INC. Edwin E. Cain, Its President MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON RICHARD D. ALLEN DTM /ds Enclosure MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney DATE: January 3, 1997 RE: Contract for Architectural Services with Ankeny Kell Ankeny Kell Architects, P.A. were agreeable to eliminate any penalty provisions from the termination section of the architectural contract that they had proposed for the sports arena. I enclose a copy of the response I received from Duane Kell and a copy of the marked up page 7 that shows the deletion to Article 8. With these modifications, the Contract is acceptable as to form and is legally acceptable for approval and execution by the City Council. Ankeny Keil Architects, P.A. Pages Sent (including this one): 2 Original to follow by mail: REMARKS: Copy to: Fax to: By: DUANE A. KELL, FAIA JAN 0 2 1997 821 Raymond Avenue, Suite 400 St. Paul, Minnesota 55114 (612) 645 -6806 (612) 645 -0079 FAX FAX Transmittal TO: David T. Magnuson FROM: DUANE A. KELL, FAIA COMPANY: MAGNUSON LAW FIRM Date /Time: 12/31/96 FAX NO.: 439 -5641 Project No: NA Phone No.: 439 9464 Project: ST. CROIX VALLEY SPORTS COMPLEX X THE MODIFICATIONS YOU HAVE MADE ARE COMPLETELY ACCEPTABLE. I WILL BE SENDING TWO COPIES OF PAGE SEVEN REVISED AS PER ENCLOSED. THANKS. HAPPY NEW YEAR! DUANE ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings. Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and. unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common taw. statutory and other reserved rights. including the copy- right. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings. Specifica- tions and other documents for information and reference in connection with the Owner's use and occupancy of the Proj- ect. The Architect's Drawings, Specifications or ocher docu- ments shall not be used by the Owner or others on other proj- ects. for additions to this Project or for completion of this Project by others. unless the Architect is adjudged to be in default under this Agreement. except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connec- tion with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims. disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or preach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur rently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim. dispute or other mat- ter in question has arisen. In no event shall the demand for arbitration he made after the dare when institution of legal or equitable proceedings based on such claim. dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include. by consolidation, joinder or in any other man- ner. an additional person or entity not a party to this Agree- ment. except by written consent containing a specific refer- ence to this Agreement signed by the Owner. Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The toregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final. and judgment may he entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7 8141/CMa-1992 ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the ocher party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 It the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services pertormed prior to notice of such suspension. When the Project is resumed. the Architects compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may he terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 con- secutive days. the Architect may terminate this .agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered sub- stantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses. the Architect may. upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice. the suspension shall take effect without further notice. In the event of a suspension of services. the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect. the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due. t n .0.7 T n .:Q., C.tr BaJ.z and Additional ry pea° ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 U nless otherwise provided. this Agreement shall be gov- erned by the taw of the place where the Project is located. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of A[A Document A20I/CMta. Gen- AIA DOCUMENT B141 /CMa OWNER-ARCHITECT AGREEMENT CONSTRUCTION NANAGER- ADCISER EDITION Mg.! EDITION AIA' 7;1992 THE AMERICAN INSTITUTE OF ARCHITECTS I 35 NEW YORK AVENUE. NW. WASHINGTON. D.C. 20006.5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and. unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law. statutory and other reserved rights, including the copy- right. The Owner shall be permitted to retain copies. including reproducible copies. of the Architect's Drawings. Specifica- tions and other documents for information and reference in connection with the Owner's use and occupancy of the Proj- ect. The Architect's Drawings. Specifications or other docu- ments shall not be used by the Owner or others on other proj- ects. for additions to this Project or for completion of this Project by others. unless the Architect is adjudged to be in default under this agreement. except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connec- tion with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims. disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arhitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable rime after the claim, dispute or other mat- ter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim. dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include. by consolidation, joinder or in any other man- ner. an additional person or entity not a party to this Agree- ment. except by written consent containing a specific refer- ence to this Agreement signed by the Owner. Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final. and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7 B141 /CMa -1992 ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed. the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may he terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 con- secutive days. the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered sub- stantial nonpertormance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses. the Architect may. upon seven days' written notice to the Owner. suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice. the suspension shall take effect without further notice. In the event of a suspension of services. the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect. the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due, .t- Ba.):za,.d Additional `,sr:._:. cludgo ..hich olio T T-.. fir f ...y'YCY• r 0... n 1 ea—e' .a•,.a ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided. this Agreement shall be gov- erned by the law of the place where the Project is located. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201 /CMta. Gen- AIA DOCUMENT B141 /CMa OWNER:ARCiIITECT AGREEMENT CONSTRt CTION MANAGER. ADVISER EDITION I992 EDITION Ai.0 I992 THE AMERiCAN INSTITUTE OF ARCHITECTS. 3i NEW YORK AVENUE. NW. WASHINGTON. D.C. 20)1)6.5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 TO: Mayor and City Council FROM: Morli Weldon DATE: January 2, 1997 SUBJECT: Local Board of Review DISCUSSION: The dates proposed by the Washington County Assessor's office for the 1997 Local Boards of Review are as follows: First Meeting: Wednesday, April 16, 1997 4 6 P.M. Second Meeting: Tuesday, May 6, 1997 4:30 P.M. As stated in the attached letter the County will establish and distribute the finalized schedule February 15. ACTION REOUIRED: MEMORANDUM Council should pass a motion approving or changing tentative dates and directing the City Clerk to notify Washington County of the approved dates. WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61st Street North, P.O. Box 6 Stillwater, Minnesota 55082 -0006 Office (612) 430 -6090 Facsimile Machine (612) 430 -6223 MEMORANDUM Dennis Montague, CMA Assistant Co. Assessor Sharoan Harp, CMA Assessment Administrator DATE: January 2, 1997 TO: FROM: Scott Hovet, CAE Washington County Assessor Washington County City and Township Clerks SUBJECT: 1997 Local Boards of Review The tentative schedule for 1997 Local Boards of Review is enclosed. The procedures that we are following this year for establishing Local Boards of Review date is similar to last year. 1. Establish and distribute tentative schedules; January 2, 1997; 2. Allow thirty days for feedback from local jurisdictions to confirm or change tentative dates. Please call Judy Ellis with any date or time changes at 430- 6093. 3. In February, contact all city/township clerks who have not called back to "double check" the tentative dates that have been assigned and ensure that they will have a quorum at their Local Boards of Review. 4. Establish and distribute the final Board of Review schedule: February 15, 1997. During the month of February our office will again be developing a Board of Review information booklet. The purpose is to provide general information about the property tax process including the appeal process and the 1997 assessment in Washington County. If we don't hear from you, we will assume the meeting will be conducted on the date and time as listed. Thank you for your cooperation. cc: Local Assessors, Assessor's Office Staff c:\wp51Miles\96boards\various Scott L. Hovet, CAE County Assessor Printed on Recycled Paper AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 30% Post Consumer Waste Ir 1 DATE Second April 10 Second April 15 April 2 Second April 8 April 2 Second April 9 April 3 Second April 14 Page 1 of 4 WASHINGTON COUNTY SCHEDULE AS OF 12 -26 -96 1997 LOCAL BOARDS OF REVIEW DAY TIME CITY/TOWNSHIP I LOCATION J STAFF West Lakeland Oakland JHS Butch, Barry, Room B112 Scott West Lakeland Oakland JHS Upon Request Room B112 April 1 Tuesday 9 -11 A.M. Thursday 7:30 P.M. April 1 Tuesday 5 -7 P.M. Mahtomedi Tuesday 7:30 P.M. Mahtomedi Wednesday 5:00 P.M. Grey Cloud Island Tuesday 7:00 P.M. Grey Cloud Island Town Hall Upon Request City Hall Frank, Butch, Dan, Barry, Scott City Hall Frank Town Hall Butch,Scott O.H. April 2 Wednesday 7:30 P.M. Pine Springs Anderson Dan, Scott School Wednesday 9:00 A.M. Marine City Hall Frank, Scott Wednesday 7:00 P.M. Marine City Hall Frank Thursday Monday Noon St. Paul Park City Hall David, Scott 6:30 P.M. St. Paul Park City Hall Upon Request April 7 Monday 5:00 P.M. Oak Park Heights City Hall Dave, Scott Second Monday 6:00 P.M. Oak Park Heights City Hall Upon Request April 21 April 7 Monday 6:30 -7:30 Lakeland City Hall Butch, Scott Second Tuesday 7:00 P.M. Lakeland City Hall Upon Request April 15 1997 LOCAL BOARDS OF REVIEW DATE DAY TIME CITY/TOWNSHIP LOCATION STAFF April 7 Monday 9 -11 AM New Scandia Community Frank, Scott Center Second Wednesday 7:00 PM New Scandia April 16 April 8 Tuesday 6:30 PM St. Mary's Point Second Monday 6:30 P.M. St. Mary's Point April 14 April 8 Tuesday 4:00 P.M. Second Wednesday 7:30 P.M. April 23 April 8 Tuesday Second Wednesday April 23 April 9 Second April 24 Wednesday Thursday 4 6 P.M. 7:00 P.M. 5 6 P.M. 7:00 P.M. Wednesday 7:00 P.M. Baytown Township Baytown Township Cottage Grove Cottage Grove Stillwater Twp. Stillwater Twp. Community Center City Hall Page 2 of 4 Frank Butch, Scott City Hall Upon Request Hooley Hall Dan, Butch, Scott Hooley Hall Upon Request City Hall Jeanette, Scott City Hall Jeanette Town Hall Butch, Barry, Scott Town Hall Butch City Hall Dan April 9 April 10 Thursday 7:00 P.M. Second Tuesday 7:30 P.M. April 29 April 10 Thursday 10:00 A.M. Second Monday 6:30 P.M. April 28 Landfall Grant City Grant City Bayport Bayport Town Hall Pat, Scott City Hall Upon Request City Hall Dave, Scott City Hall Upon Request DATE DAY TIME CITY/TOWNSHIP LOCATiON STAFF April 10 Thursday 4 6 P.M. Lake Elmo City Hall Frank, Butch, Barry, Scott Second Tuesday 6:30 P.M. Lake Elmo City Hall Frank April 29 April 14 Monday 9 11 A.M. Hugo City Hall Frank, Scott Second Monday 6:00 P.M. Hugo City Hall Frank April 28 April 14 Monday 9 A.M. May Township Thursday 7:00 P.M. May Township Second May 1 April 16 Wednesday Second Monday April 29 4:30 P.M. 7:30 P.M. April 16 Wednesday 4 6 P.M. Second Tuesday 4:30 P.M. May 6 April 17 Thursday 7:00 P.M. Second Thursday 7:30 P.M. May 1 April 21 Monday 6:30 P.M. Second Thursday 6:30 P.M. May 1 1997 LOCAL BOARDS OF :REVIEW Denmark Township Town Hall Dave, Scott Denmark Township Town Hall Upon Request Stillwater City City Hall Stillwater C Lakeland Shores Lakeland Shores Newport Newport Town Hall Town Hall Page 3 of 4 Pat, Butch, Scott Pat, Scott Barry, Butch, Scott City Hall Barry Lakeland LuAnn,Scott City Hall Lakeland Upon Request City Hall City Hall Butch,Scott City Hall Upon Request April 21 Second April 28 Monday Monday 7:00 P.M. 7:00 P.M. Birchwood Birchwood City Hall City Hall Dan, Scott Upon Request DATE April 22 April 23 Second May 12 April 23 Second May 7 April 24 Second May 12 April 28 Second May 5 April 29 Second May 14 May 1 Second May 20 May 1 Second May 20 May 6 Second May 20 May 6 96BOARDS \board 96.dir 1997 LOCAL BOARDS OF REVIEW DAY TIME CITYITOWNSHIP 1 LOCATION STAFF; Tuesday 7:00 P.M. White Bear Lake City Hall Dan, Scott Wednesday I 5:00 P.M. Monday 5:30 P.M. Wednesday 5 7 P.M. Wednesday 7:00 P.M. Thursday 1 3 6 P.M. Monday 7:00 P.M. Monday 5 7 P.M. Monday 7:00 P.M. Tuesday Tuesday 7:00 P.M. 6:00 P.M. Dellwood I City Hall Frank, Scott Dellwood City Hall Frank Afton Afton Forest Lake Twp. Forest Lake Twp. City of Forest Lake City of Forest Lake Oakdale Oakdale Monday 6:30 P.M. Hastings I City Hall Page 4 of 4 City Hall LuAnn, Barry, Butch, Jeanette, Scott City Hall LuAnn Town Hall Ken, Scott Town Hall Ken City Hall Ken, Scott City Hall Upon Request Tuesday 1 6:00 P.M. Lake St. Croix Beach City Hall Butch, Scott Wednesday 6:30 P.M. Lake St. Croix Beach City Hall Upon Request Thursday 7:00 P.M. Woodbury City Hall Sue, Scott Wednesday 7:00 P.M. Woodbury City Hall Upon Request Thursday 6:00 P.M. Willernie City Hall Dan,Scott Tuesday 7:30 P.M. Willernie City Hall Upon Request City Hall City Hall Pat, Butch, Scott Upon Request Scott TO: Mayor and City Council FROM: Morli Weldon City Clerk DATE: December 30, 1996 SUBJECT: Council Vice President Designation for 1997 DISCUSSION: According to Article V, Section 5.02 of the City Charter, Council must elect one of its members to be Council Vice President. ACTION REOUIRED: MEMORANDUM Select a Councilmember to serve as Council Vice President and pass a motion adopting Resolution No. 97 -2, Designating Council Vice President for 1997. MW:dfw ORDINANCE NO. &2 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: The following Charter changes are made to Sections dealing with vacancies on the City Council and the office of Mayor. ARTICLE VI. AMENDING. Charter Section 6.02 "Vice Mayor" is amended to hereafter read as follows: "6.02 Vice Mayor. After the election of its members, the Council must, at its first meeting, elect one of its members as Vice Mayor, who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor." ARTICLE III. AMENDING. Charter Section 3.03 "Filling Vacancies" is amended to hereafter read as follows: "3.03 Filling Vacancies. When a vacancy occurs on the Council, the Council must appoint another person to fill the vacancy until the next general election when a successor can be elected and qualifies to fill the unexpired term of the vacancy. When a vacancy occurs in the office of Mayor, the Vice Mayor must fill the vacancy until the next general election and until the successor thereto is elected and qualifies. When the Vice Mayor takes the oath of office and assumes the office of Mayor, the Vice Mayor's City Council seat and the office of Vice Mayor become vacant. When a vacancy occurs in the office of Vice Mayor, the Council must elect one of its members to fill the office." The following changes are made in Sections dealing with Boards and Commissions: ARTICLE XIII. AMENDING. Charter. Section 13.05 (Water Board) "Membershin" is amended to hereafter read as follows: "13.05 Membership. The Board will consist of three (3) members who must be voters of the City and appointed by the City Council. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter. Appointments, except appointments to vacancies, are for a term of three (3) years. Vacancies in the Board from any cause other than expiration of term of office must.be filled by appointment to the unexpired term. Each member of the Board must serve without compensation, must qualify by subscribing to filing an oath in the office of the City Clerk that the member will faithfully and impartially perform the duties of the office. A term of office will continue until a successor is appointed and qualified. ARTICLE XIV. AMENDING. Charter Section 14.03 (Library Board) "Appointment and Removal" is amended to hereafter read as follows: "14.03 Appointment and removal. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter." ARTICLE XV. AMENDING. Charter Section 15.07 (Charter Commission) "Appointment of Charter Commission Members" is added to hereafter read as follows: "15.07 Appointment of Charter Commission Members. Notice of vacancies on the Charter Commission must be published in the City's official publication and mailed to all Charter Commission members a minimum of ninety (90) days prior to the expiration of a Charter Commission member's term or upon a vacancy occurring on the Commission. The vacancy must be filled by appointment of the Chief Judge of the Tenth Judicial District pursuant to Minnesota Statutes 410.05, and if the Chief Judge fails to appoint new commission members within thirty (30) days, then thereafter the City Council may appoint new members unless, within the thirty (30) day period, the Chief Judge indicates in writing to the City Council an intention to appoint new members, in which case the Chief Judge will have an additional sixty (60) days to make the appointment." ARTICLE XV. AMENDING. Charter Section 15.08 (Boards and Commissions in General) Appointment to and Removal from all other Boards and Commissions" is added to hereafter read as follows: "15.08 Appointment to and removal from all other Boards and Commissions. Except for the Charter Commission or where the method of appointment is controlled by State law, appointment to Boards and Commissions must be made by majority vote of the Council, however, removal must be by 4 /5th vote of the Council." ARTICLE XV. AMENDING. Charter Section 15.09 "Notice of Vacancies" is added to hereafter read as follows: "15.09 Notice of Vacancies. Notice of vacancies on Boards and Commissions must be published in the City's official publication a minimum of thirty (30) days before a vacancy is filled." Adopted by the City Council of the City of Stillwater this 21st day of Mav 1996. Published Stillwater Gazette May 29, 1996 ATTEST: I A�1X�, UieLC v Morli reldon, Clerk Library Board There are three expiring terms as follows: Fred Kalinoff Nick Gorski David Ruch Don Valsvik Glenna Bealka Gerald Fontaine MEMORANDUM TO: Mayor and City Council FR: City Coordinator RE: Information on Commission Appointments DA: January 3, 1997 The following is some updated information pertaining to the membership and terms of the various commissions: W -2 (end of third term) W -3 (end of first term) W -4 (end of second term) Therefore, three terms need to be considered. It is my understanding that Mr. Gorski and Mr. Ruch wish to be reappointed to the Board and that Mr. Kalinoff has served for three consecutive terms and cannot be reappointed. The Library Board has interviewed several candidates and is recommending that the Council reappoint Mr. Ruch and Mr. Gorski and appoint Bill Hickey and Kenneth McFayden (both residents reside in Ward 1) to fill the vacancies. The appointments would create a Ward representation structure as follows: W -1 4, W -2 0, W -3 =3, andW -4 =2. Planning Commission There are three expiring terms as follows: W -3 (end of fourth term) W -4 (end of third term) W -4 (end of end of fourth term) In addition to the expiring terms, Rod Ham b resigned from the Commission in September. Therefore, there are four (4) terms to be considered. It is my understanding that Mr. Valsvik, Ms. Bealka and Mr. Fontaine wish to be re- appointed. The City has also received applications from the following citizens: Duane Arndt W -1 Bob Bourdaghs W -1 Philip Eastwood W -2 Chris Eliason W -3 Jon Engleking W -4 (newly annexed resident) Sarah Linhoff W -1 Bob Lockyear W -2 Corey Mohan W -1 John Rheinberger W -2 Roe orate g� mom;. W -1 If Ms. Bealka, Mr. Valsvik and Mr. Fontaine are re- appointed then the Ward structure would be as follow: W -1= 1 (assumes Councilmember Zoller is also re- appointed to the Commission), W- 2= 0, W -3= 3, and W -4= 4. Therefore, appointments (one opening if the current members are re- appointed) should be considered from Ward 2. Parks and Recreation Commission There are four expiring terms as follows: Judy Gulden John Melville Del Peterson Steve Wolff Linda Amrein W -2 Pam Johnson W -3 Leah Peterson W -4 Gary Talbot W -3 W -2 (end of first term) W -3 (end of first term) W- 1 (end of second term) W -1 (end of second term) It is my understanding that Mr. Peterson and Mr. Wolff wish to be re- appointed and that Ms. Gulden and John Melville have resigned from the Commission. The City has received applications from the following citizens: If Mr. Peterson and Mr. Wollf are re- appointed then the ward structure would be as follows: W- 1= 2, W -2= 0, W -3= 4 (assuming Councilmember Cummings is re- appointed to serve on the Commission) and W -4= 3. Therefore, appointments from Ward 1 and Ward 2 should be considered. The Council may also want to consider the recommendation of Tim Thomsen (see attached memo from Tim) pertaining to the size of the Park and Rec Commission (i.e., 9 members vs 11 members). Port Authority There are two expiring terms as follows: Don Nolde W -2 (end of first term) Jim O'Brien W -3 (end of fourth term) It is my understanding that Mr. Nolde wishes to be re- appointed. Mr. O'Brien's term actually expired on December 31, 1995. However, no citizen applied for the position at that time and Mr. O'Brien has continued to serve on the Commission. Mr. O'Brien also serves on the Water Board. The City has received an application from the following citizen: Duane Elliott W -3 If Mr. Nolde is re- appointed the Ward structure would be as follows: W -1= 1, W -2= 2, W -3= 1 (assuming Mr. O'Brien is replaced) and W -4= 1. If Mr. Elliott is appointed a ward balance would exist. Heritage Preservation Commission There are three expiring term as follows: Katherine Francis Jay Michaels Roger T ten It is my understanding that all of the members listed above wish to be re- appointed. The City has also received applications from the following citizens: Norman Davis non resident Philip Eastwood W -2 James Huntsman W -1 Stan Miller W -4 If Ms. Francis, Mr. Michaels and Mr. To ward structure would then be as follows: -1= 4, W -2= 1, W -3= 1 and W -4= 1. Solid Waste Advisory Commission. Thee are three expiring terms as follows: Janelle Borden Tim Schmolke end of third term) W -2 (end of second term) W -1 (end of first term) W -3 (end of second term) W -2 (end of second term) are re- appointed then no vacancy would exist. The There are also three vacancies due to resignations. Therefore, five vacancies need to be considered. Unfortunately Ms. Borden and Mr. Schmolke cannot be reappointed because of term limits. The City has received one application from the following citizen: Gary Talbot W -3 Mr. Talbot also serves on the Port Authority and has also applied for the Park and Recreation Commission. The City will have to "recruit" citizens to serve on the Commission due to the lack of applicants. Ms. Borden and Mr. Schmolke can serve on the Commission until they are replaced. Joint Cable Commission Gary Talbot's term (second) as an Alternate member expired on 12/31/96. It is my understanding that Mr. Talbot wishes to be re- appointed. Board of Water There is one vacancy on the Water Board due to the resignation of Jack Jewell. The City has received an application from the following citizen: Dennis Yon W -2 Note: Ward representation does not appear to be an important consideration. However, for your information the other current members are both from Ward 1. Downtown Parking Commission There are no expiring terms at this time. Human Rights Commission There are no expiring terms at this time. Charter Commission There are no expiring terms at this time. I can discuss this further with the Council at the meeting Tuesday. r LIBRARY BOARD AS OF 10/30/96 Members Date Annointed Ward Term Expires David Ruch (President) appt. 1/8/91 W4 31- Dec -96 1124 Nightingale Blvd. re- appt'd 1/1/94 Stillwater, MN 55082 (Second Term) Peggy Doeksen appt. 1/1/95 WI 31- Dec -97 503 E. Burlington Street (First Term) Stillwater, MN 55082 Mary Ann Sandeen appt. 1/1/89 W1 31- Dec -97 516 S. Broadway re- appt'd 1/1/92,94 Stillwater, MN 55082 (Third Term) Victor Myers, III appt'd 2/6/96 W1 31- Dec -98 1102 6th Ave. S. (First Term) Stillwater, MN 55082 Pat Lockyear re- appt'd 2/6/96 W3 31- Dec -98 1016 N. 3rd St. (Second Term) Stillwater, MN 55082 Sheila Maybanks appt'd 1/1/93 W3 31- Dec -98 201 Bayberry Avenue re- appt'd 2/6/96 Stillwater, MN 55082 (Second Term) Nick Gorski appt'd 1/1/94 W3 31- Dec -96 406 W. Olive Street (First Term) Stillwater, MN 55082 Fred Kalinoff 108 Lakeside Drive Stillwater, MN 55082 Sue Nelson appt.1 /1/93 W4 31- Dec -97 1103 Nightingale Blvd. re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) appt. 1/1/88 W2 31- Dec -96 re- appt'd 1/1/94,94 The purpose of the Library Board is to operate and maintain the Stillwater Public Library. The Library Board is organized per City Charter. Article XIV and Minnesota Statutes Chapter 134. The Library Board consists of nine (9) members who are appointed by the Mayor with Council approval. The members serve for a period of three (3) years, and are limited to three three year terms. PLANNING COMMISSION AS OF 10/30/96 Members Date annointed Ward Term Exnires Thomas Weidner appt'd 1/16/96 W4 31- Dec -98 1017 West Pine Street (First Term) Stillwater, MN 55082 David Charpentier appt'd 1/16/96 W4 31- Dec -98 1371 Highland Road (First Term) Stillwater, MN 55082 Glenna Bealka appt'd 12/15/87 W4 31- Dec -96 801 Lake Drive re- appt'd 1/1/91,94 Stillwater, MN 55082 (Third Term) Don Valsvik appt'd 10/15/85 W3 31- Dec -96 1117 Meadowview Drive re- appt'd 1/1/88,91,94 Stillwater, MN 55082 (Fourth Term) Gerald Fontaine (Chair) appt'd 1/84 W4 31- Dec -96 1618 W. Willard Street re- appt'd 1/1/88,91,94 Stillwater, MN 55082 (Fourth Term) Terry Zoller (Council Rep.) appt'd 1/1/95 W1 02- Jan -97 615 South Broadway (First Term) Stillwater, MN 55082 Darwin G. Wald appt'd 1/84 W3 31- Dec -97 1107 Meadowview Drive re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Kirk Roetman appt'd 1/16/96 W3 31- Dec -98 1521 W. Olive Street (Second Term) Stillwater, MN 55082 Steve Russell, Community Development Director (staff asst.) The purpose of the Planning commission is to act as the City's planning agency. The Planning Commission is organized per City Code 22.05. The Commission consists of nine members, one member is a Councilmember, all appointed by Council. Members serve three (3) year terms. Meeting date is second Monday of the month. PARK AND RECREATION COMMISSION AS OF 10/30/96 Members Date anointed Ward Term Exnires Michael Polelma appt'd 1/90 W4 01 -Jan-98 1100 Northland Ave. re- appt'd 1/1/92,94,96 Stillwater, MN 55082 (Third Term David G. Junker (Chair) appt'd 1/26/89 W1 01 -Jan-98 615 E. St. Louis Street re- appt'd 1/1/92,93,95 Stillwater, MN 55082 (Fourth Term) Robert McGarry, III appt'd 2/16/88 W3 01 -Jan-98 1405 Lookout Street re- appt'd 1/1/90,92,94,96 Stillwater, MN 55082 (Fifth Term) Steve J. Wolff appt'd 1/19/93 W1 01 -Jan-97 701 Harriet Drive re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Alan Liehr appt'd 1/1/94,96 W4 01 -Jan-98 2831 Woodridge Lane (Second Term) Stillwater, MN 55082 Ken Meister appt'd 10/15/91 W3 01 -Jan-98 147 Tamarack Court re- appt'd 1/1/94,96 Stillwater, MN 55082 (Third Term) Delwin P. Peterson appt'd 1/19/93 W4 01 -Jan-97 1201 W. Willard St. re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Richard Cummings (Council Rep.) appt'd 1/19/93 W3 02 -Jan-98 1060 Amundson Drive (First Term) Stillwater, MN 55082 Nancy Brown appt'd 9/3/96 W3 01 -Jan-99 518 N. Owens Street (First Term) Stillwater, MN 55082 The purpose of the Park and Recreation Commission is to operate a program of recreation and to manage City parks and playgrounds. The Park and Recreation Commission is organized per City Code Chapter 48 and Ordinance No. 663. They meet the fourth Monday of the month. There are eleven members appointed by Council, each serve two year terms. Council membership is required by ordinance. STILLWATER PORT AUTHORITY AS OF 10/30/96 Members Date annointed Ward Term Exnires Gary Talbot appt'd 2/6/96 W3 31- Dec -98 921 Oak Glen Lane (First Term) Stillwater, MN 55082 Harry Peterson appt'd 2/6/90 W2 31- Dec -98 922 N. William Street re- appt'd 2/6/96 Stilwlater, MN 55082 (Third Term) R J Colombo appt'd 12/31/91 W2 31- Dec -97 215 N. Harriet Street re- appt'd 1/1/95 Stilwlater, MN 55082 (Second Term) Earl Olson (Chair) appt'd 3/12/91 W4 31- Dec -97 1424 Cottage Drive re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Don Nolde appt'd 1/94 W1 31- Dec -96 1603 Morningside Road (First Term) Stillwater, MN 55082 Jim O'Brien appt'd 3/15/83 W3 31- Dec -95 509 S. Greeley Street re- appt'd 1/1/87,90,93 Stillwater, MN 55082 Mayor Jay Kimble, Ex- Officio The purpose of the Stillwater Port Authority is to have general charge of all wharves, docks and landings, and to have general supervision of that portion of the St. Croix River which the City has jurisdiction and control. The Stillwater Port Authority is organized per City Code Chapter 49.01. It consists of six (6) members, appointed by Mayor confirmed by Council. Members serve three (3) year terms. HERITAGE PRESERVATION COMMISSION AS OF 10/30/96 Members Date annointed Ward Term Exnires Jeff Johnson appt'd 1/1/89 W1 31- Dec -98 309 S. Fifth Street re- appt'd 1/1/96 Stillwater, MN 55082 (Second Term) Robert Kimbrel (Chair) appt'd 1/2/90 W3 31- Dec -97 724 W. Oak Street re- appt'd 1/1/92,95 Stillwater, MN 55082 (Second Term) Brent Peterson appt'd 1/1/93 WI 31- Dec -98 502 W. Churchill Street re- appt'd 1/1/96 Stillwater, MN 55082 (Second Term) Roger Tompten appt'd 1/4/94 W 1 31- Dec -96 718 S. Fifth Street (First Term) Stillwater, MN 55082 Jay Michels appt'd 2/5/91 W2 31- Dec -96 118 -1/2 N. Main Street re- appt'd 1/1/94 Stillwater, MN 55082 (Second Term) Howard Lieberman appt'd 10/1/91 W4 31- Dec -98 914 S. Greeley Street re- appt'd 1/1/96 Stillwater, MN 55082 (Third Term) Katherine B. Francis appt'd 10/1/91 WI 31- Dec -96 9190 St. Croix Trail N. re- appt'd 1/1/94 Stillwater, MN 55082 (Third Term) Planning Commission Chair and City Planner are ex- officio members The purpose of the Heritage Preservation Commission is to safeguard the heritage of the City by working toward the preservation of historical sites and structures. The Heritage Preservation Commission is organized per City Code Chapter 22.10 and consists of eight voting members to be appointed by the Mayor and with the advise and consent of the City Council. Member shall serve a term of three (3) years. The Chairman of the Planning commission or his designee and the City Planner of the City shall be ex- officio, nonvoting member of the commission All voting member shall be residents of the City. SOLID WASTE ADVISORY COMMISSION AS OF 10/30/96 Members Date annointed Ward Term Exnires Janelle Borden (Chair) appt'd 2/2/93 W3 31- Dec -96 2677 Hawthorne Lane re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Tim Schmolke appt'd 2/2/93 W2 31- Dec -96 506 W. Laurel Street re- appt'd 1/1/95 Stillwater, MN 55082 (Second Term) Diane Kruse re- appt'd 1/1/96 W3 31- Dec -98 1030 Lecuyer Drive (Second Term) Stillwater, MN 55082 Julie Mac Swain re- appt'd 1/1/96 W4 31- Dec -98 203 Northland Ave. (Second Term) Stillwater, Mn 55082 Council Rep.: Eric Thole 504 W. Olive Street Stillwater, MN 55082 Ex- officio: Jeff Glewwe Junker Sanitation United Waste Systems 8678 N. 75th Street Stillwater, MN 55082 429 -6766 Ex- officio County: Dan Shoepke Washington County Courthouse Public Health Department 14900 N. 61st Street Stillwater, MN 55082 City Staff: Nile L. Kriesel 216 N. 4th Street Stillwater, MN 55082 The purpose of the Solid Waste Advisory Committee is to study all areas associated with the collection and disposal of community waste and to develop a plan of action to achieve the goals set forth by the City Council. The Solid Waste Advisory Committee is organized per Resolution No. 92 -189. The Commission is comprised of: six (6) citizen members, and one member of the City Council (appointed by the City Council); one representative from the Washington County Public Health Department, and one representative from the City's solid waste contractor who shall be ex- officio members of the commission. Members are appointed for not more than two consecutive two (2) year terms. z 0 H W H W O 4) o U Otn to >4 (n HZ a) O O r-I i~ p4H a) OE a) E U 0 I4 Z H (I) H O rI o u) U .N w d' (n 1 .4 al U z H 0 rn v 14 E C.) a) W a) co to I-4 O 4 O >4 U) In N Ln a) 'Zf td Z r1 4-) g:4 V1 t0 N g )4 to 0 C 0Ln )-I a I (0 (N >10) Ln RS M A V' 4-) M a)O tL 0 4 to u) (IS N -N O 4O W 34 Z O CT a I s to ,'101 -ri Ln ra M h tl) X)C1' N N N N co co co too O O 0 0 4.) Ln 4.) in LO to Ln (/1 to In to +)Z -P Z U) Z Z in to Ln O W rn 4.) rn t~ (n (n O )4 4-) 3-4 10 4.) (l 4-) m ax s-I CD 0 Ln .`G a O a $4 a o of o agrn a) a.. in rn •xd' 3-INxCr) )a 1` O ,'O 3-t ri H Z )•L r a) Ln $4 r-I U) (a •i A rIs CO 0 ca Ln A irl O t.O GL O (1, to a CO Co p. N •k v' 1 x N I 4-4 I I tn r-i 1 )-1 co x O U in x O1 44 co k al 0 0%.X 01 (O •1• R1 M ([S d' n3 Cr) a) co ra co O d• ra co Z •1 O V h 0 d' h O a• A r O V• N W N N to U 00 t 0 0 a) o In in 0 In L c 4)10 ra LC) U) a (n 0 f~ f~ E u y a 1 -.1 a.) r a) w r-1 3-1 0 0 3-I r-I W O O a) A a) A .t.) CO H 4.) O ri x •4' a rn ra co •(Y it in as b roN •••I a) 3 CO 0 Z I 3 tD E O i; (`1 H N A ri N r1 O .-I 1 r-I .-i I >3.--1 ri I 'JIN -r1 01 0 ri -ri 01 3-I N •r1 .--I 0:1 r-+ co s~ to M (a 0) 4.) Ln h d' u) d' .a; •--I V] d' 0 V] M 4) W M N U O )4 0 r14)In O Lf1 U .o s~ u) Z t0 CT �r H 3.1 3•I 0 a o >I0) O CO (o n PU A d' BOARD OF WATER COMMISSIONERS AS OF 10/30/96 Members Date Annointed Ward Term Expires John L. Jewell (chair) appt'd 7/1/87 W4 30- Jun 1322 Cottage Drive re- appt'd 7/1/90, 93 9 (o Stillwater MN 55082 (.114-i4Term) appt'd 7/11/95 (First Term) Melvin Friedrich 1326 2nd Ave S Stillwater MN 55082 James O'Brien 509 South Greeley Stillwater MN 55082 W1 30- Jun -98 appt'd 2/6/96 WI 06- Feb -97 (First Term) (,u- 9--z)- The Board of Water Commissioners is organized per City Charter Article Xiii and anages and operates the city's water system. The Board consists of three members and are appointed by the or. The commissioner serve for a period of three (3) years. C ti p DOWNTOWN PARKING COMMISSION MEMBERS AS OF 10/30/96 Business Owner Address Telenhone Number Mad Capper Richard Chilson 224 South Main Street 439 -3953 Ranum Law Offices Karl Ranum 104 North Main Street 439 -4143 Country Classics Katie Holdorph 202 South Main Street 439 -0166 WR Medical Patrick Anderson 123 North Second Street 430 -1200 Tremblay's Sweet Shop Robert Lillyblad 308 South Main Street CUB Corporate Offices Connie Adams 421 S. 3rd St., P.O. Box 9 Resident Dave Swanson 314 Birchwood Drive N. 439 -3298 Police Chief Don Beberg Parking Officer Dennis Paskett City Attorney David Magnuson Also: Steve Russell, Nile Kriesel and Mayor and Council Commission consists of seven members; five downtown business or property owners and two residents from the broader community. Two for a one year term, three for two year terms and two for three year terms. Members Date Anointed Ward Term Expires Karen Bergren (Chairperson) 2921 Marine Circle Stillwater, MN 55082 Anita Braunstein 1269 Benson Blvd. E. Stillwater, MN 55082 Amanda Harrington 2399 Helena Ave. N. Oakdale, MN 55128 Pat Hanson 651 Hillside Lane Stillwater, MN 55082 Marlene Kakaliouras 1635 S. Greeley, Apt. 302 Stillwater, MN 55082 Mary Louise Menikheim 527 S. Broadway Stillwater, MN 55082 Louise Watson 927 Northland Avenue Stillwater, MN 55082 Zbigniew Wieckowski 717 S. 2nd Street Stillwater, MN 55082 Elizabeth Seekel 11199 79th Street Stillwater, MN 55082 Elizabeth Tomten 718 S. 5th Street Stillwater, MN 55082 Steven Bloom 906 Eagle Ridge Place Stillwater, MN 55082 HUMAN RIGHTS COMMISSION AS OF 10/30/96 6/20/95 6/20/95 8 -20 -96 6/20/95 8/20/96 6/20/95 8 -20 -96 6/20/95 8/20/96 8/20/96 8/20/96 W4 6/20/97 W4 6/20/97 N/A Student N/A Student 8/20/97 W4 6/20/97 W1 8/20/98 W1 6/20/97 W4 8/20/98 W 1 6 -20 -97 8/20/97 W1 8/20/98 W3 8/30/98 Established by Ordinance 807. The purpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by law and in other related concerns. Each youth member will be appointed for a one -year term. Except for the first terms, all other members will be appointed for two -year terms that are staggered in order to provide continuity of policy and program. In any one year no more than one -half of the terms may expire. No member may serve more than six years, not including the time served filling the unexpired term of another. CHARTER COMMISSION AS OF OCTOBER 30, 1996 Members Date Annointed Ward Term Expires Mary Ruch Appt'd 5/1/96 W4 May 1, 2000 1124 Nightingale Blvd First Term Stillwater MN 55082 Steve Keister Appt'd 9/21/94 W2 May 1, 2000 1721 No 2nd St (Replaced Scott Keller) Stillwater MN 55082 Reapp't 5 -1 -96 Second Term Howard Lieberman 914 South Greeley St Stillwater MN 55082 Nancy Purcell 2001 Hazel Court Stillwater MN 55082 Timothy Old 502 North Everett St Stillwater MN 55082 Donald Valsvik 1117 Meadowview Drive Stillwater MN 55082 Laurie Maher (Chair) 3018 Marine Circle Stillwater MN 55082 Richard Slivik, Jr. 805 West Churchill Stillwater MN 55082 Appt'd 5 -1 -92 First Term Appt'd 5/1/96 First Term Appt'd 5 -1 -92 First Term Appt'd 5 -1 -88 Second Term Reappt'd 5/1/92 Appt'd 5 -1 -92 Second Term Reappt'd 5 -1 -94 Kathy Czar Appt'd 1007 So 1st Street First Term Stillwater MN 55082 Appt'd 5 -1 -90 Second Term Reappt'd 5 -1 -94 W3 W2 W2 W3 W4 WI W 1 May 1, 1996 May 1, 2000 May 1, 1996 May 1, 1996 May 1, 1998 May 1, 2000 May 1, 1998 The purpose of the Charter Commission is to study the local charter and city government and prepare changes when appropriate. The Charter Commission is organized per resolution 92 -84 and Minnesota Statutes, Chapter 410. The members serve for a period of four years and may not serve for more than two successive terms. The Charter Commission has nine (9) members, but could be anywhere from seven to fifteen members. 1JCL l 1770 1J. YU Name: Gary E. Talbot C.,11 I Ur x511LLWAI E'R APPLICATION FOR APPOINTMENT TO AD VISOR Y BOARDS AND COMMISSIONS Address: 1921 Oak Glen Lane, Stillwater, MN. 55082 Home Telephone: 351 -0224 1. Tow long have you lived in Stillwater? Work Telephone: 439 -7557 5 Yrs/ib 3 2. What Stillwater community activities have you been involved in? Alternate Representative to Joint Cable Commission. Representative to Port Authority. St. Croix Catholic Board of Education Member, Knights of Columbus Bayport American Legion 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. See above 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes _xx No If yes, fill in name of Board/Commission: Planning Commission 5. Would you consider an alternate appointment? Yes y No If yes, which one? Solid Waste Advisory Commission or Park and Recreation Commission 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). None Which Ward 7. Why do you wish to be on a board/commission? Continue my interests in serving the Stillwater and Washington Ctv. communities. 8. Please describe any other relevant information you would like us to know. Request resignation from the Port Authority. I find that my planning interests would be better in line with the "Planning Commission "etc. I wish to continue to remain active with the Joint Cable Commission as an alternate member. Thank you. Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA TOTAL P.01 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO AD VISOR Y BOARDS AND COMMISSIONS Name: 111 s cigr- E SCA Address: eD ,:c1so 1.-611P Hoene Telephone: 4 4 M 6 1. How long have you lived in Stillwater? l2 Which Ward 2. What Stillwater community activities have you been involved in? B God, <4;fluprier- 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory b t C rc 'x.11 r� '37 i.Ji �!Ct/'ic.4- C�� Mr i; t- S. f ?.7 ''fit A.. h.. Work Telephone: 30- 5906 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes k No if yes, fill in name of Board/Commission: lem a 5. Would you consider an alternate appointment? Yes No 'X If yes, which one? Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). 7. Why do you wish to be on a board/commission? IL or 44-2_ r 1T5 8. Please describe any other relevant information you would like us to know. *Attach Additional Sheets, if necessary THIS INFORMATION WILL .BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Please describe any other relevant information you would like us to know: After earning.my .B.A. in political science, I went on to work in State. and Local- politics in Delaware, gaining a lot of experience in that area. I have-also. been.an employee.of Andersen Windows for the. past three. years, which has. seen me educated. in the Commercial and Residential‘building industry..My current position' is the Commercial and Technical Services Department, working with a team of Architects to design shop drawings and working details for commercial building projects all over the country. t have a wide knowledge of building codes and various policies of the building trade that could be put to good use. Chr; 5 1 1 5e City -Clerk 216 N: Fourth- Street_ Stillwater, MN- 55082 City Clerk of Stillwater I am writing this letter of interest to ask for an application to apply for the Planning Commission of the town of Stillwater. Sincerely Christopher Eliasen 1480 Amundson Lane Stillwater, MN 55082 Christopher Eliasen 1480 Amundson Lane Stillwater, MN 55082 November 25, 1996 Name: Home Telephone:_. 439 -2130 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS,AND COMMISSIONS Robert J. Lockyear Address: 1016 North Third Street Work Telephone: 430 -6004 Date: December 10, 1996 1. How long have you lived In Stillwater? 17/6 y 3 Which Ward 2. What Stillwater community activities have you been involved in? Community Volunteer Service Board of Directors 10 years Chamber of Commerce Business and Industry Committee 2 years Stillwater Area Economic Develooment Corporation Board of Directors Founding member Vice president and President 14 years 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board /commission. Valley Natural Foods Coop Board of Directors, 10 years Served in capacity of Sec., Vice president and President 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes X No If yes, fill in name of Board/Commission: Plannina S_ Would you consider an al Sa to appo tment? Q Yes No If yes, which one? 1Jvv4 r to W/C.A 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). None to my knowledge 7. Why do you wish to be on a board/commission? I have spent most of my working career in the planning profession. 1 would like to give some of my time and knowledge to helping my community make well informed choices for our future I believe that I can be a strong advocate for the Comprehensive Plan 8. Please describe any other relevant information you would like us to know. I think that my familiarity with Planning and Land use regulation would be an asset to the Commission *Attach Additional Sheets, if necessary* THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSldAREsC_F11 VE Name: SIR-A-14 �E t f E vZ -P-C DEC 0 4 1996 Address: 70 I k IT V' i e 1)Y 5- w Home Telephone: 13R 5-1 Work Telephone: 43v 'C(85 1. How long have you lived in Stillwater? 2. What Stillwater community activities have you been involved in? Scoc, J LLa c ,e ratom. SC_ kco( eYtvic �iG�yt Q u1 a ty► Cive Which Ward 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. Poo fir& Ilkd c-h r o4 Ascnct of CDs r ut LA— U [l 4. Do you have a preferred Board/Commission that you are interested in serving o g Yes V No If yes, fill in name of Board/Commission:D QV' fit nol, COYnV►1uSSACrin 5. Would you consider an alternate appointment? Yes No If yes, which one? I Yc J1.l. -i "P-coa 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). 7. Why do you wish to be on a board/commission? aS- a- to A c s(c ,x (54 S--ti r/ U J e p Io�, C jy.U0 CAVA -r ..l o -k v►- .Ll t 4 In (ic Cl .t/�l d Q. UQ. 00 VILLA ok nor- e -1-c G{- -WAA Joy rA2._ ima 14. 4-64 ✓N Cw. CA &ctu_s L z5 I'fnns� 1AA .0 -40K bv&c -VA. 4 Lo k u -L wa cu u_ 4 8. Please describe any other relevant information you would like us to know. i h a c -hI I f-f-4 IeOr 6LA-PA as mu t v(,- 1 I Attach Additional Sheets, if necessary* THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA LOodcatt!, September 20, 1996 Dear Mayor Kimble: Sarah Peltier Linhoff Mayor Jay Kimble 216 North 4th Street Stillwater, Minnesota 55082 SARAH PELTIER LINHOFF 704 Harriet Drive Stillwater, Minnesota 55092 Ward 1 I understand there is a vacancy on the Planning Commission with the City of Stillwater. I am interested in becoming a member of this commission and would like to be considered for the position. I am a graduate from St. Mary's College with a degree in Nursing and am employed with Lakeview Hospital as a Surgical Nurse for over 25 years. My husband and children support my effort and encourage me in this endeavor. As a lifelong resident of The City Stillwater, I have over the years, experienced first hand the changes and growth of the city. Stillwater has had a tremendous growth in the last twenty and I feel I can be a real valuable part of the planning for the future success of our fine city. Thank you for your consideration, should you have any questions please do not hesitate to call me at 439 -7317. Sincerely, STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine member Board meets the first Monday of each month at 7:00 P.M. Meetings usually last 2 hours. In addition to regular meetings there are committee assignments which require a commitment of time. There is no remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the Library by December 11, 1996. NAME: StWaLl/N. �l -e 1 n C PHONE: e- I ADDRESS:1 D I I'm o r r i e+ TJ t v e_ DEGREES EARNED: F E PLOYIV4WIT FISTORY: C cJ.O ice- 'VQ C eA-L3 JficiS304,L tq 7 .pk,t4.4. 1 INVOLVEMENT IN COMMUNITY GROUPS ORGANIZATIONS: -U Sc,o La Ut_O .P 4 5 5c1 42.-VAtn trn.Q_LA..k Ry-0 va_ WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? 1 _jc\o_A,Li r c S -e ms Cam-(. ems' I;v� va• \A--5 I -s ov s 2 t „L,U 4c) 1 0,c,a_ Li e..tY“ C6 A, (b__Lek_r Ldevcuu FOR FURTHER INFORMATION CONTACT: Lynne Bertalmio, Director Stillwater Public Library 223 North Fourth Street 439 -1675 David Ruch, Board President 1124 Nightingale Stillwater, MN 55082 439 -8983 SARAH P. LINHOFF 704 Harriet Drive Stillwater, Minnesota 55082 (612)439-7317 EDUCATION Metropolitan State University 1992- Present Training and Development St. Mary's College A.A. in Nursing 1972 -1974 Registered Nurse Hastings School of Practical Nursing 1970 -1971 License Practical Nurse EXPERIENCE Lakeview Hospital Stillwater, Minnesota 1971- Present A career position encompassing all aspects of Registered Nursing. Highlights include: Surgery All Specialities Short Stay Surgery Admitting and Discharge General Surgical- Pre operative and Post operative Teaching Medical Nursing Labor and Delivery Coronary Care Trained CPR Trained RELATED EXPERIENCE 3M Company Product testing in Surgical Division Washington County Fair First Aid Station Nurse St. Croix Catholic School Enrichment Program Coordinator PROFESSIONAL ORGANIZATIONS Association of Operating Room Nurses (AORN) References available upon request. Date: I '?- -/ -? t CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS . Name: f(oh~yr'Bouvd"if ut. Address: ~/~ > ~wI m Home Telephone: 6t)-tjJ9'- llt/'o Work Telephone: 'j:? ~ - 77'77- 1. How long have you lived in Stillwater? tjll @/Mo. tJ pC Which Ward 2. What Stillwater community activities have you been involved in? ":J~tt a-G /[" IN -rH6 H4~~ 6(7/). ; /Ol.-/~e 5 '7/t:i/t4UI CVUtJ /. , 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. /;htv?;r ~~CJy../ ~ve tM4141V' jJCJt.tfie-A-L A--c4~ tf~ f'Atvv1Jtaln~. A-7/J4{~. 9/~~ ~ ~Jn5.~~~ -- IJ w,v '1 () '~<;u6f '1-1.J4-.l/& p~~ rA/7.6'Zef-r /"v, 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes -$- No If yes, fill in name of Board/Commission: fLAwlItt. toJ'Jflh#f4)e. 5. Would you consider an alternate appointment? If yes, which one? L./ tl~ (3 o/fYVtJ Yes ~ No 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (Le., routine travel, work schedules and the like). 1A/1J1&/f. ~~tt~ WfJ-tkl-ifJ Q G- ~ 12J1'{JIJ~/h -7/a() thh 7. Why do you wish to be on a board/commission? L I ft!3'ZtJJV6 ~St1tJ&7trl1 1J~~fA~}U~~ -2'<) f2v"7'u~?'O - 7~;uU-""fI?'f' (J/f)'Uuf) LJJ:.6"U' M'i~ t//~ e 8. Please describe any other relevant information you would like us to know. ~ ~-tA/l!b f l-#rV1V 1M; ~1nJ.i) t'iAJ 1 t.1}t:.--J4-( ;If' tlVI1~?<; ./UVL Lt /?YfIl{ * * * * Attach Additional Sheets, if necessary* * * * THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA '_~._~_._.,-..-.._-_...._- -,.'-~_. Date: December 3, 1996 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSION~ !Pfi fE (c IE u \f fE [D) DEe 0 4 1996 tit Name: DuaneE. Arndt Address: '>811 WestPfne, Stillwater, MN Home Telephone: '439-5229 Work Telephone: 332-5473 1. How long have you lived in Stillwater? 28 Yrs~. 3 Which Ward 2. What Stillwater community activities have you been involved in? Planning Canmission - 1969-1976, Chair 1970-1976; Family Services Board, President 1970's; Ascension Church Vestry, Boards 1970-1980's; st. Croix Friends of the Arts, 1970-1980's; ., .J. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. I believe my law practice experience in representing numerous clients before various boards, courts and canrnissions gives me an intim3.te understanding of of legal procedures, legal requirements and the need for evidence on the part of boards or canrnissions, .particularly planning canmissions, in evaluating (over) 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes ~ No_If yes, fill in name of Board/Commission: planning canrnission 5. Would you consider an alternate appointment? If yes, which one? Library, Parks Yes X No 6. Please describe any schedule conflicts with the regular meeting schedules for the . board/commissions (i.e., routine travel, work schedules and t.qe like). Reqular meetinqs in the afternoon are difficult. 7. Why do you wish to be on a board/commission? I believe that my professional experience and my past public service experience in the Stillwater camnunity give me an excellent basis on which to make contributions as a member of the planning canrnission. (over) 8. Please describe .any other relevant information you would like us to know. e **** Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA 3. continued requests that come before it. I believe my experience with Metro Council Housing Committee in the 1970's and my general interest in public policy issues gives me a good factual basis in which to evaluate various matters that are likely to come in front of the planning commission based on my past expeAnce there as a member and a chairperson. 7. continued My children are now grown and I have more time to return to the community and give back some of what the community has given to me and my family. City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attn: Nile Kriesel Dear Mr. Kriesel: Enclosed is an application for appoi Stillwater Planning Commission. r if you additional information, please gi,re\ me a DEA /pj h enclosure(s) ARNDT BENTON, P.A. ATTORNEYS AT LAW 1012 GRAIN EXCHANGE 400 SOUTH FOURTH STREET MINNEAPOLIS. MINNESOTA 55415 (612) 332 -5473 FACSIMILE: (612) 777 -7230 December 3, 1996 Very truly .1 1 ADT,' BENTON e E. Arndt DEC 7:119: Reply: P.O. Box 9368 St. Paul. MN 55109 to the City of estions or need East Metro Office: 108 Franklyn Center. 2497 7th Avenue East. North St. Paul. MN 55109 1 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO AD VISOR YBOARDS AND COMMISSI0M(^i' '1C Name: IOtM DEC U 1996 Address: P) SooT}+ 1(pri+ Sr. Home Telephone: 4. 33°1- 4 2 Work Telephone: 4-33• &'CO -FaX 433 swot 1. How long have you lived in Stillwater? 10 Yrs/NE. 1 Which Ward 2. What Stillwater community activities have you been involved in? ieui raae Priser /a-1i ,ry rnu., .1 s s „r.. 4 u ear( l�rLe 0-c1 s (�laard lNe}t,rv.l� \150a1 ra1AM'1vwM 0,s V ll 1n.rrv..c„ P,rcceirev.u. S{vdu 3. Please describe any previous experience you have which is similar to serving on a J volunteer advisory board/commission. t 'J f fFS din kVA.: ee+ V1am. t1^eiiue,t �t{ OtKSc -kt ov-i .LTS -1 vaLr S �N++��sS1/�v�S. ,I 1 c 1 ietARu I I1N� ■vkvnlo'C� irk hest 1A., a vt`GSEn'h�ulA 'r.IUSTGr 5■4 okraicef's i VAr.m) S '1rntotratAA te 1 barAs 1J u 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes No If yes, fill in name of Board/Commission:_ /1k C 5. Would you consider an alternate appointment? Yes No If yes, which one? rt,,,4;,,, ,M. o-4 1-4_P G. A i V1na i.. c 6. Please describe any schedule conflicts with the regular meeting schedules for the board /commissions (i.e., routine travel, work schedules and the like). 7. Why ddo you wish to be on a boa 1 A..ti e-1 w apex, I$ ct esiak APiai11N�ktkre.ionw2,v Anih rh AGSiatn auiLlo.�t\A�s a.. avc1A; -1cc rt cau Li— au a 4 caw- :s A 8. Please describe any other relevant information you would like us to know. rect,�n�1a t tr‘A.,1 4-4A a se-- a fi,Psin� (u ;c1e ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Roger Tomten 718 South Fifth Street Stillwater, MN 55082 23 October, 1996 City Clerk, City of Stillwater I am writing to inform you of my interest in serving on the Stillwater Planning Commission. The last four years I have been a member of the Stillwater Heritage Preservation Commission (my term expires at the end of this year). During the development of the Comprehensive Plan I was involved with the Ward Network in compiling graphics and organizing the visual preference survey. My education includes a Bachelors Degree in Environmental Design and Masters of Architecture from the University of Minnesota. I am currently self- employed as an Architect with an office in Marine on St. Croix. Along with custom residential architecture, I have been involved in residential development planning and consulting on urban design guidelines. If there is any additional information you need, I can be reached during the day at 433 -5600, or evenings and weekends at 439 -3482. My business address is: Tomten Environmental Design P.O. Box 272 Marine on St. Croix, MN 55047 Fax no. 433 -5601 Sincerely, r Roger Tomten P.S. I am a resident of Ward 1 in the City of Stillwater. cc: Terry Zoller Name: j /it rnrn4soA/ Address: 7/ho £'I CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Date: /7. 7_ 94 Home Telephone: 19 5/03 Work Telephone: %1 5/49 1. How long have you lived in Stillwater? Yrs/Mo. y Which Ward5Cr 2. What Stillwater community activities have you been involved in? 1 0 005 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. T /icy feoUOg'1 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes d No If yes, fill in name of Board/Commission: ,CS 5. Would you consider an alternate appointment? Yes No If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). yiwx/ 7. Why do you wish to be on a board/commission? .JH/ ,/KGf 'i /411 /GS •/i/ S• "c 7 8. Please describe any other relevant information you would like us to know. ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Name: CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS ran.. 7 f Address: /7) Home Telephone: y'1 n 3 D R 4 Work Telephone: 1. How long have you lived in Stillwater? J(7 d)/Mo. Which Ward 2. What Stillwater community activities have you been involved in? O.A to PA" 5 Date: 9 b 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. 49i Anc fcc:///t- 47_ .(Y) Ii C4,7 IsJ/kl r C tluvlL3 G i (:_them' eCL/ .u.,1. 7. Why do you wish to be on a board/commission? (A, let it6 .,,.,,rNV 1. r 6 f 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes !v No If yes, fill in name of Board/Commission: 411 rl 5. Would you consider an alternate appointment? Yes No If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). CtC( /Ob l,vt,"MG— c j /,4 ,/),0 rr },ry «LAZ^ 2 =i (G ezetivc� 6, .c1( row IGRnv.. COvi,,,�. (1 cr 1 etJ r1-44 /1 S C_[.l h C �L jf�./ e L. r." 8. Please describe any other relevant information you would like us to know. 7G....� ca 04,6V c r> v v4 a I• U S 6- t SS et( �Q et(. f)r 1o. -i..�` S'/.,G) 44 J it v 'S.L r�U2Ge T hietlt T t�i,,/.� Y1iS Ui P- c n,�(r�+.E /cc -6 S. v.-.' v ca-t, 5,,„ 1�ts -at�i C *Attach Additional Sheets, i s, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Name: St et r, &J.-- Address: e e o O Home Telephone: «3 F es 7 2. What Stillwater community activities hav ��e e you been involved in? V A A soe, 8041-1, ,4 /�"eTtye C Scc t pk Ze le delr F t/�.�L y-cf S at v 6- Zekc�ti� S irn- c 4 .t e r Sc i a a -e4 l6 Y a l s�� i ti. �i f' k .SAHS Sbr c'!r jeoc., C. �K r/ .4 C[i C Q S, T IT re hi").5 Lc., C�sh��a "re .S f''*�'h 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. lie Y e,�� h e .Y h Q� 4+ p Ze ia, C) y s A f `S S L;JEr ,1 �T+ LO 6Gz 5-,:44-4 Of jS"ScctJ' If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). rtar oa 6lsJ)hvSS I t 2 sc 4a1,ft cs Di' /4 7. Why do you wish to be on a board/commission? QQ j4. ce4, Uh �t �o e4 e J C (4_, f e ie-eP 56 hif 6,-/ e /f/ i tCev toe �Aee./s of r f 1 JO rese..'" ,d A 5 e CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS c/ c ,..)LL Work Telephone: S4 4 C 14- (c P14 vitt e Date: Ye 7 7 e t at? 2-ens. e—ft r 8. Please describe an d y other relevant information you would like us to know. at L t t Ve4' /4 Oi. Jl rl J lJr•- a met rhFc E L 5 4 t. J "14;3 1ss�.r k_it6, Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA NNED DEC 0 4 1996 73 3— 93.33 1. How long have you lived in Stillwater? t y r,s xrs/Mo. 171 Which Ward J7J, 4 rl 5yu 4_, d 9i 45, kis, ,press fit �lrasrG �c .•s, l/�JaS o de.,' b. trEle 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes x No If yes, fill in name of Board/Commission: He e A'es erk.,'6/c h 5. Would you consider an alternate appointment? Yes k No A rt A, Sari C t ern 4I S5) f-e e r t e,- ti w) S� 4 r 7 irk L /t or+- t nV O tc�J l 4 h w a :+-t [L p e e t t /tA J/L/ `cm+� CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Date: ce mh.p r S I `19 {o Name: P c. Y,� L o A S y. Address: 110 1 t A gnu Home Telephone: 430 11 Work Telephone: 75 52. Z 1. How long have you lived in Stillwater? 1 SrrhYrs/Mo. Which Ward Ric Cv rtvr nJ s 2. What Stillwater community activities have you been involved in? ma rl;., Chi'I ci enr� /—Cim L'ec, 6 (Ee F F J W a Woe-1j eLL4 Do (nQ /lf CV Yt �r 4E14444- 1 -r P n r &s S /c, k r Pr< r k s 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. Bon rr l A 17-.2r �1 ►(y►o vr� nP r r�rn0 (S 0�.:, rcC itSSoc i ck 11 son H z k I^o rc_e p cwm(f e Arno rn r t'\3M k) Ci wl 1 ,U h r t t !"G iv el 4S S 4d 0`Se y t�i ..MttL' 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes tJ No If yes, fill in name of Board/Commission: ?GA s d R 0 5. Would you consider an alternate appointment? Yes No V If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). /(JO Vn (4 U to led P 7. (Q Why do you wish to be on a board/commission? �j f• l G /n' M 1 1 (k1 j 54 Cy- Cy- rsf'. co, i 1't� r- k l ets A 'm ral 5 Si Crn LS J (5n heLfa -tow c,.., -rtc loo )Xrl re) ,,zrna,i t oc e, ifSfirr no lSh LU r" �09 ?a Y S J Lo OA. ewn.ekaS n O e CL accessa.b, li 4, f J J 8. Please describe any other relevant information you would like us to know. .A 5 -Li r�rA -L9 V- r7-C a- ¶2L1) SChcn6 WP vr'St 4 pn. ks r1?44 *I t t e c i e rn0 114 Cj u j I A Lk. Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Name: CITY OF STILLWATER APPLICATION FOR APPOINTMENT ADVISORY ARDS AND COMMISSIONS C Acir es ef/ c/ Home Telephone: Work Telephone: 1. jow ong have you lived in Stiliwat r? 7 2. What S 'llwater community activ i es h ve o u ueen Gr--( c j 6 3. Please describe any previous experience you have which is similar to serving on a volunte a visory board/commission. rt 4. Do you have a preferred Board/Commission that you are interested in Yes /C No If yes, fill in name of Board/Commission: No k 5. Would you consider an alternate appointment? Yes If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). X/ 8. Pleas'aescribe any other relevant information you would like to know. 7. Why do you wish to be on board/commi ion? Yr M9! Which WADI 7; involved in? C ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA }7,4%,,f4 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: AJ C.L(. E e_c_./64 7 Address: ql o )-62,7A71, oace.g" Home Telephone: Work Telephone: 5. Would you consider an alternate appointment? L v 1. How long have you lived in Stillwater? 7 Yrs/Mo. Which Ward 2. What Stillwater community activities have you been involved in? "7/01_,--/ 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. r 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes X No If yes, fill in name of Board/Commission:T' Yes No If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). 4PsI r /7-OA4 AA) J /S A-t 4r 7. V t�y do you wish to be on a board/commission? 1 T /ZS/kJ 1 A (44. 9 SI 77,i i C.. ?1172, 0 e rs> AA /ix) l YI.4 i 1 8. Please describe any other relevant information you would like us to know. I a SALt''(/ A7 72e f--c}12/ 20 /lam Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA City of Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 910 'vie Circle Stillwater, Ind 55082 Attn: Nile Kriesel, City Coordinator December 9, 1996 I am interested in serving the City of Stillwater as a member of the Port Authority. In giving consideration to me in this role, you should be aware that I am usually out of the State from mid January to mid April. Yours very truly, Duane W. Elliott 40 Name: Address: di (.C4 CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS c5 Date:J ...;e/, 5f` /7 Home Telephone: g/?) 9�I"- Work Telephone: 4`3(9 Ji r 1. How long have you lived in Stillwater? PMo. Which Ward 2. What Stillwater community activities have you been involved in? Lw444 P_ `Q. if 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. 4ffiZe UGC_ e.e/e 0m s m `W"4 .7 G/ ,s 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes No If yes, fill in name of Board/Commission: 8,'$ s afq, 5. Would you consider an alternate appointment? Yes No If yes, which one? kie'r,'t e jaPS ervq d !IQ NAM e e, 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). 7. Why do you wish to be on a board/commission? r„lt.Lf9 Li 4_ 40 SO /44/ r Oe 4 4A.& P,74 Q" G L o t ,ul rre e. u9 ;2 P v c4,4ipLe aff rtP- 8. Please describe any other relevant information you would like us to know. r l ktwe b eep+ Ppa L a b ,v2e s� *Attach Additional Sheets, if necessary* THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA tr; 1 L1e�usvGSS�, r Name: Norman M. Davis (Norm) Home Telephone: 777 -7262 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Address: 3050 Lisbon Ave. N., Lake Elmo, MN. 55042 Date: 12 -10 -96 Work Telephone: 439 -1797 1. How long have you lived in Stillwater? 12 Yrs/Mo. Oak Park Heights 10 Years Lake Elmo 4 Years 2. What Stillwater community activities have you been involved in? Conceot;ualized and developed The n1 d Post of f i ne into shops 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes x No If yes, fill in name of Board/Commission: Heritage Preservation. 7. Why do you wish to be on a board/commission? I enjoy Stillwaters heritaae and wish to help preserve it. 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. Board member and past president of the Washington Co. Historical Society. Agent member of the board for Realty World Pauley and Johnson. Downtown Council Committee Victorian Christmas. Washington County, and Stillwater City condemnation Commissioner. 5. Would you consider an alternate appointment? Yes No If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). Which Ward 8. Please describe any other relevant information you would like us to know. Realtor in the St. Croix valley for 19 nears. Owned historic home which was on the National Register of Historic Places. ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Date:_te G CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: rs Address: q 1 t� S T, Home Telephone: Li 3 `5 hI Work Telephone: 33— 1. How long have you lived in Stillwater? eR 0 Yr mo. Which Ward 2. What Stillwater community activities have you been involved in? em b e I_ a r J yr v.-to k A J ke.c o v a A i y o i (tT72) Rit A-L o r S veA -a2.s ia/ U cl %�►i� f �l-��t .2-yen e.s Het P e I r4asT sT Li/ stO.i( I'2ese le-Vitt /one c4..vt en.."e s st;ll14.11 11 I 0 vR k 3 s± iz i C n s,° 6 >v PL' int. r' IzT V r L e� up-.5 6 vS r v f 6 T o s h Atz-e its hrs..; 1 oc: e r e 0 con m wL- i 3. Please describe any previous experience you have which is similar to serving on a volunteer advi ory board/commission. R. o /v/i 7 r o,v A-L .Z f N h v S Y S `T7+av b A- R-d S Aare t_Ai o frR o u a_c. De.veLo�nP'ed 770 a- S Cc Ai A,US bv;Ld� kiL.LS. A-Ls 4eM gee! d Loc Gt v a d c/a -i2. a s 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes 1,/ No If yes, fill in name of Board/Commission: H PC 5. Would you consider an alternate appointment? Yes No 8/ If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedule and the like). L Po s s f C. ,_/-tv GI 4))+4 G d NE 1...1 c,7" c,7" i V I l �1 1/1/ )2, 14. AID R. 00 o 12- e, go u /Av n iz 141/�L.- C c, N i L.,1 7. Why do you wish to pe on a board/commission? To 1 2 6 tec'-t 'te citv i r n I St° c 1.1riii *I4'sr'� Pitowt jnf iv {r' ft'i1LPed A-,V.L AiiiobLe1, A-1.4 ery M1 :7"c'12 /4AII) iv /V it DeveLoolii J P,a 7 R oofrhL Re11 MigLe 8. Please describe any other relevant information you would like us to know. Mite v A J9 tJ' P E 1 2 5 4 L- t i o 12-T Y o r2.e S 1 D h-se d v z /0 f) idN 4. L— P- i '`r 1Ste )t. (7ous 1 ve- beG ilf IC /tick) ed L-e /N /�-A ypc -e L i el N� v i L d e g s' 4 e- cl ��t r t-e j 4-A4 b t d 14,,i y 4.f i to c tv,= se Attach Additional Sheets, if necessary*" THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO AD VISOR Y BOARDS AND COMMISSIONS Name: L1 bA POI IA) Address: 30/ g.AST LAUREL STI L LOATER Home Telephone: b I Z 439 -'1 la 7 D Work Telephone: b I Z- GeO 0413 7 1. How long have you lived in Stillwater? 10 omo. Z Which Ward 2. What Stillwater community activities have you been involved in? c t)C Sill 04er &E ,t a t( 4 ad lb Alta- ircUdinQ4 i4J Oou)ehs al- ettu kramtes; r fait 1 ►c, meet s re ren Oa-,on Irc i fil*bufna,�ne j is h Q �4di�rs r l ump �r{ ups ar hp a, iRc Llitarth secix.LiL c d a A,utL" S ecc e g 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. Sauk& katilion SUCte —located meivr► b de seccte4 -a ru u err) of o clwxrh c4- ,r Tsi. o When ack -)rte 66-1( i CW cloatr e COnO ►on Ae(ri V t�Lls� 11 Tr P 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes V No If yes, fill in name of Board/Commission: ATio 5. Would you consider an alternate appointment? Yes No If yes, which one? VLP$M A& (AEI WP 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). ant Mondaea kthe rnrri ei,i fir, etugd hOrtra rneei 7. Why do you wish to be on a board/commission? of 1 IS a 0 M s obIipc e i Xn he4� o. loac�L�i -o +ltatommtn ih4 ilvp -c1 gyre.. (1 rn aireetWO (`4 W CSkIaoq &MOT) -frlaVinei frneogVs, S2Di OK a f flaw I (te cuts trUu_ abort- cud- Ptecootwet,' 8. Please describe any other relevant information you would like us to know. ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Late; I V t If2 CITY OF STILL WATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS 14 ,..k� cad CPA l w�f (Jut ecc Ott 5,144 rp �cce ****Attach Additional Sheets, if necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA Date: ®c.et...4w aU. 1 Name: Le:H Address: S (8 We 4' 0 L- 54.44 Home Telephone: 4 3 e1- 41 el5 Work Telephone: 3 4( 99 1. How long have you lived in Stillwater? '2441 Which Ward 2. What Stillwater community activities have you been involved in? l 3 S C ,4 1 4 4 .ew Gam- 4 (e+ Fe x i7 a- a st.l�i i�.wh.. )1 e' 4 T tk tr f 2 cc([ lat.ti tic arc (1.,Le.� c 1 ¢ta 14 R4 crc DC.� i es gte Pr, M u¢ u 4(-5, S evve s� a s c K wM-e, y c �.s� 2s p p+�r; u�c«f b few (ice �c c(44 G 4 c lhew�cv Q.4e� CGt.ii.ec+sedit [7f fL S1- f�.4.a I A 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission. Ot. p y i e 1 i usf Cc LO kct ct 40-H.. c, c c u.te.. bt,.. or lip,, tlt...jL liql '16 4. Do you have a preferred Board/Commission that you are interested in serving on? Yes No If yes, fill in name of Board/Commission: Pi A. a~ G, c i t H:, 5. Would you consider an alternate appointment? Yes No If yes, which one? 6. Please describe any schedule conflicts with the regular meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). serve .e fete se42.Li. rt. 'L►G(ec 7. Why do you wish to be on 1 n a board/commission? i r� j S Vl.i e, K a•, cte At t 5 ;v.,0 1 a �¢wi NIY"t 5ilk+t 0w L.et F 4 t i t 7 1)144 (n C. t- 1�..��., l tv.. tH 7 tt ».0 L.,...4 o... lot'. a¢ 1 r4 cvit. KNcw �•G^t Y6.r JJ Jl+nrl�i..n.R ew.c Cwt "tco�t S':1c.t S'eksc o f Ate lit sl.4...c.1 /kJ so ecFtvc pw.E of sc i wtw.., 8. Please describe any other relevant information you would like us to know. 464: kQ.4 cess: ci 1Cs ct (n� 4. G Aj R& tLt `uto..[t 1Iie0. c1ec sw:. Glut 4 i City of Stillwater ATTN: Morli Weldon 216 N. 4th Street Stillwater, Minnesota 55082 Dear Ms. Weldon: 818 West Olive Street Stillwater, Minnesota 55082 September 9, 1996 I would like to be considered for the appointment to the unfulfilled term of Rob Hamlin on the Planning Commission. I have lived in Ward 2 for over 40 years. I am an attorney and CPA by profession. I generally know were the problems are and have some sense of their historical perspectives. I have an undergraduate degree in geography and thus some understanding of urban problems. I also have an MBA which may assist the Planning Commission on economic feasibility and thereby enhance their decision ability as to some concerns. I would be interested in talking with any of the various parties. You can call me at 439 -4199. Thank you for your consideration. John R. Rheinberger CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council FROM: Tim Thomsen, Parks Department DATE: December 31, 1996 SUBJECT: The Size of the Park and Recreation Board In the past, the City of Stillwater had a Park Board and a Recreation Board. Some time in the past, the two boards came together to become one board. As of now, the city has eleven board members, nine members, one representative from the council and one Chairman of the Board. I have checked around with other states and cities on the size of their park boards. In most cases it came out to be that the size of the Park and Recreation Boards were anywhere from five to seven members total. In a few places there are nine members, this is my concern or feeling. I feel that we should have a smaller board in order to run the parks and the concerns of the people of Stillwater more efficient. The way it is now, with eleven members and myself, it seems to take forever to make a decision. By the time eleven people and myself give there concerns on two or more subjects it takes alot of time and the meetings go quite long. When the meeting gets too late, I feel that some of the members give their vote just to get the meeting over so they can go home or to go do something else for the rest of the night. I would also like to point out that any member on this board should not just push for improvement in their ward. We have over 175 acres of park land in the city for all our citizens to use and enjoy. It should be a concern for all members to look at every park in the city to see what is best for our citizens to enjoy and not just for their ward. Since my employment to this position in the Parks Dept. all members, chair persons and appointed council persons to this board do and have great concerns about our park system and how it is operating for the safety and concerns of our citizens and people who come from out of town to use our parks. I just feel that with a smaller board we can cover more concerns of our citizens and be more efficient in our decisions for what is best for our park system and to our citizens of Stillwater. Attached to this memo is how some other states and cities run their Park Board. I would like you to know that these are just my concerns and my feelings on how our Park and Recreation Board should be or could be run, to be more efficient for our citizens and our park system so that some of the concerns are not being dragged out from meeting to meeting, being we meet only once a month. P.S. I would like your thoughts or concerns on this subject. Thank you. �1 Park and Recreation Board Community Relations The board is obligated to make recreation programs and facilities available to all citizens within its jurisdiction who want to participate, and to maintain high standards for the programs conducted and facilities operated. The community expects the board to safeguard the health and safety of those participating in programs and utilizing facilities. In order to meet these obligations and expectations, the board must be known, respected, and accepted by its various constituencies. The board should make itself known to the community through reports command respect through the integrity of its management achieve acceptance by striving to serve all in the community and by involving the community constructively in planning and evaluating its programs and facilities The board should also take a leadership role in the community by cooperating and by sharing its expertise with other agencies with similar goals. Board Decision Areas One of the most difficult problems confronting recreation and parks boards is that the board chairman, board members, director, and governing body officials often do not have a clear understanding of the areas in which they individually have the authority to make decisions. The results of such misunderstandings can be that the board, individual board members, and /or governing body officials become involved in the day to -day operations of the department or that recreation department staff make decisions that should be reserved for the board. In such situations, the lines of accountability and authority are not clearly defined, and no one individual is held accountable for various aspects of operations and board business. Such a situation causes friction and inefficiency and can be severely destructive if not resolved. Certain areas of decision making are reserved exclusively for the board and should not be delegated to anyone. These areas should be identified and their assignment clearly understood by all. Some of these areas involve decisions about the state laws, local ordinances or resolution or bylaws which expressly require board action. the identification of the total department goals and objectives, one of the most important decision areas for boards because all other actions contribute to the 1 achievement of these goals and objectives. While the responsibility for developing annual operating objectives may be delegated to the director and staff, their decisions should be reviewed, weighed for adequacy and attainability, and ratified by the board. The board has the responsibility and authority to insist that the staff work be done thoroughly and competently. The major strategies and policies which change the method of delivering services. Examples might be major changes in the way the department is organized to deliver services, in the total planning process, or in employed personnel policies or practices. the employment or release of the director. the approval of the budget and its administration, including revisions and transfer of monies from one fund to another. The recreation and parks board recommends the budget to the governing body for final approval. Once the budget has received final approval, its day -to -day administration is the responsibility of the director. See Table 1 for examples of decision areas. Standards of "Due Care" for Boards One of the most significant changes affecting the way in which a recreation and parks board functions as a body and as individuals is the legal climate which exists today. Government officials are becoming increasingly aware of the need for indemnification of the board members, director, and staff in case of legal action. Board members need to be aware not only of their legal responsibilities but also of how to conduct the business of the department in such a way as to avoid having legal action taken against them. Boards and board members are charged with "due care" responsibilities. This means that every board member needs to exercise diligence, care, and skill when participating in the making of policy -level decisions. For example, if a board is about to take action that will result in a benefit for a business owned by a board member or the spouse or other relative of a board member, that board member should make a full disclosure of his /her position and abstain from participating in the discussion or in the vote on the basis of conflict of interest. Such action should be noted in the official board minutes. Failure on the part of a board member to take this action when appropriate could result in legal action against both the board and the individual. 2 Table 2 provides guidelines for board members to follow in order to minimize the risks and reduce the possibility of a lawsuit. BOARD BYLAWS After a recreation and parks board, commission, or advisory committee has been established through a local ordinance or resolution, board or committee members have been appointed, and each member has been briefed on his /her responsibilities, a set of Table 2 GUIDELINES FOR BOARD MEMBERS TO FOLLOW TO MINIMIZE THE RISKS AND REDUCE THE POSSIBILITY OF A LAWSUIT Attend board meetings regularly. If you must miss, ask to be excused. Make sure that the board keeps a written and permanent record of all board minutes and official actions. Exercise general supervision over the department's affairs. Investigate and audit the department's decisions. Pursue the warning signs that something is wrong when they are brought to your attention. Insist on meaningful board meetings with full disclosure of operating results. Require the department to employ a professional auditing service, preferably a CPA. Require the department to engage competent legal counsel. Require reports of all committees at board meetings. Know all the board members and top -level staff. Adopt and follow sound business policies and practices. Avoid self serving policies. Avoid conflicts of interest. See that the department maintains a good credit rating and sound financial standing. 3 Review the adequacy of the board's and department's insurance program. Require that the board members and staff are fully covered by liability insurance with coverage for errors and omissions. Gain full knowledge of the department because this is needed to assume proper responsibility for its effective management. See that all official board meetings are open to the public and that the times and dates of all official board meetings are properly publicized. Solicit public opinion and evaluation through formal and informal means. Continually evaluate the board's policies and procedures to make sure they are consistent with current trends and laws. Formal bylaws should be written. The bylaws will be based on the ordinance or resolution creating the department but will provide additional information in each article to establish the procedure by which the board will operate. A set of sample bylaws for a "legal" board is included in Appendix B. A set of sample bylaws for an advisory committee is included in Appendix C. These can be used as a framework, but thorough study will have to be made and legal advice will have to be obtained to adapt them to conform to your local situation. Legal assistance can be obtained from the city or county attorney. The bylaws should include the name of the board and the source of its authority the purpose of the board the composition of the board, special qualifications for members, length of terms, and how appointments are made the powers of the board special requirements such as budget approval, special reporting, authority to accept gifts or charge fees, etc. the officers of the board and their responsibilities requirements for regular and special meetings and the number of members required to constitute a quorum procedure for amending the bylaws ESTABLISHING A BOARD Selection One of the essential components in the organization of a recreation and parks board is the selection of its board members. It is the ability of the individual board members to work together as a team that will make the difference between having an effective or ineffective board or commission. The members should be selected to represent the community, not a particular political faction or special interest. The factors that need to be considered in the selection of board members are to select a group that is representative of the entire community to choose members who are- committed willing to give both their time and energy able to work well with others open minded and respectful of the views of others skilled or knowledgeable in the art of public decision making to involve minority groups in the selection process Size The Georgia Recreation Enabling Law provides that legal recreation and parks boards consist of from five to nine members, each to serve a five -year term, with the terms staggered so that at least one expires each year. Advisory committees usually have a larger number of members and may include representatives of local agencies or community groups. When determining board size, these two factors should be considered: Oraanization that the board be large enough to represent the total citizenry and to carry out its responsibilities; but that it be small enough to meet as a unit, whenever necessary, and to operate effectively. Although the general organization of most recreation and parks boards or commissions or advisory committees is determined by the legislative ordinance or resolution that established them, the following suggestions may apply: 5 The bylaws of the board should provide for the election or selection of a chairperson, a vice chairperson, and a secretary to take minutes of the meetings. The terms of office for "legal" board members must be staggered, with members' terms expiring after five years to allow new members to introduce new ideas and bring a fresh commitment of both time and energy. Reappointment of board members should be made only in unusual circumstances. The terms of office for advisory committee members can vary. If it chooses, the board may appoint such committees as are needed for both ongoing functions and special assignments. BOARD RELATIONSHIPS The success and productivity of a recreation and parks board or commission or advisory committee are directly related to its ability to work as a team, not only internally but also in relation to the governing body officials, city or county manager, recreation director, recreation and parks staff, local private and public agencies, business and industry leaders, and the local media representatives. By cultivating these relationships, the delivery of high quality recreation and parks services will be enhanced. The board should function only as a body and not as individual members unless an individual is carrying out an assignment of the board. THE KEY TO A SUCCESSFUL RECREATION AND PARKS DEPARTMENT IS IN THE ABILITY TO COMMUNICATE ITS NEEDS TO THE APPROPRIATE PEOPLE. The Board and the Governina Body The recreation board is directly responsible to the governing body for the delivery of the recreation and parks service. Some fundamental procedures should be followed: The board should maintain a continuing policy of informing the governing body officials of its Tong -range goals and annual objectives and its progress toward fulfilling these goals and objectives. A monthly (or at least quarterly) financial report should be submitted to the governing body with copies to all the appropriate elected officials. Minutes of regular and special meetings should also be distributed, whether or not this is required. This action will prove invaluable in obtaining support at budget time each fiscal year. The board should arrange occasional tours of the recreation facilities so that the officials of the governing body can see the programs in action. A positive working 6 relationship with the governing body is a necessity. Remember that the governing body holds the purse strings for most local leisure service systems and a board cannot be successful without its confidence and support. The Board and the City Manaaer or County Administrator In many local governments a city manager or county administrator is employed to coordinate the various governmental divisions and thus avoid duplication of services or conflicts of responsibilities. Whether it is directly responsible to the governing body or to the city /county manager, the local recreation board should keep both informed of the plans, needs, and recommendations of the recreation and parks department. By involving both the governing body officials and the manager, the local board increases its potential to tap the available community resources. The Board and the Recreation and Parks Director The administration of the recreation and parks system has gradually become the shared responsibility of the recreation and parks board and department director. By utilizing the expertise of the recreation executive in combination with the board's knowledge of the community needs, a working team can be developed to deliver the best possible recreation and parks services to the people. The establishment of clear lines of authority and responsibility between the recreation director and the board or commission is essential in promoting an effective working relationship. Generally, it is the board's responsibility to set policy and the director's responsibility to determine how to carry out that policy and to operate the department on a day -to -day basis. In this working relationship, the board can perform many vital functions. These functions can include consulting with the recreation director to ensure that the leisure needs of the community are being met through the recreation department adopting a comprehensive plan for the acquisition of land and the maintenance and expansion of all properties inspecting the present facilities and activities from time to time to ensure that they are maintained and operated in a satisfactory manner 7 evaluating the department's program at least annually evaluating the performance of the executive periodically The Board and the Recreation and Parks Department Staff In the operations of a recreation and parks department, the board's relationship to the recreation staff needs to be specified. Regarding the recreation staff, the board's functions should involve adopting a personnel policy that provides for the employment of qualified individuals trained in leisure services, the establishment of positions and division of duties and responsibilities, fair salaries, and satisfactory working conditions. dealing with the recreation staff only through the recreation and parks director. In most cases, supervising the recreation staff is not the responsibility of any board member nor does he /she have the authority to interfere in the department's day -to -day operations. The Board and Related Local Aaencies The recreation board or commission can be particularly effective through its relationship with local agencies, whether they be private industries, nonprofit organizations, or the public school system, in making sure that the necessary community resources are tapped and that public support and exposure are obtained. Some areas in which the board can take strong leadership are cooperating with local planning authorities in adopting a comprehensive plan for coordinating services and the use of facilities with other local agencies. working with the recreation director in developing a program involving other recreation, conservation, and leisure related agencies. coordinating and cooperating with the local school authorities in planning, operating, and maintaining facilities and property for joint usage. See Appendix D, Proposal for Recreation Programs Utilizing School Facilities, and Appendix E, Sample Recreation School Agreement. forming neighborhood and community recreation councils to ensure that the leisure needs of the community are met. providing a means through which the public can offer suggestions or constructive criticism about the operation of its recreation and parks and leisure services system. The Board and the Local Media Representatives Through judicious use of the media and person -to- person communication, needed exposure and public support can be obtained. Public information releases should be channeled through a designated office or person. Board members should speak only for themselves as individuals unless authorized to speak for the board as a whole. An open line of communication between the board and executive is the key to disseminating appropriate information. The board can assist by developing and arranging radio and television exposure in cooperation with the recreation director providing suggestions for information handouts and brochures describing available leisure services speaking to community groups about the benefits of recreation utilizing individual or personal influence in "opening doors" for -the director in arranging press coverage BOARD MEMBER TRAINING AND ORIENTATION A segment of the board's operations that is often overlooked is the orientation and training of its members. It takes anywhere from a year to eighteen months for a new board member to become fully acquainted with the responsibilities of membership on the recreation board or commission. The education of each board member as to the needs, responsibilities, and characteristics of a well balanced recreation, parks, and leisure service system is essential in developing an effective board. New members must be introduced to recreation personnel and to the governing body officials and community leaders so that they become identified with the recreation systems. A manual for the orientation and training of board members is an invaluable tool, and each member should be provided with a copy. Each member should also be briefed in such areas as agency philosophy, including a concise statement of purpose departmental 9 agency goals and objectives, and major responsibilities provisions governing the functioning of the agency„ operating policies rules and regulations board authority, duties, and responsibilities administrative organization organizational structure powers and duties of director names and positions of staff personnel policies and practices agency policies service agreements and contracts use of facilities, equipment, and supplies purchasing procedures and policy insurance fees and charges agency operations program planning financial structure and budget development description and status of facilities and areas agency short- and long -term plans public relations a code of conduct for board members which would include do's and don'ts for board members SUMMARY history legal provisions city ordinances Georgia Recreation Enabling Law board bylaws Your job as a recreation and parks board member is important. Moreover, you are important as an individual because if you don't carry out your responsibilities you will disappoint your fellow board members, the recreation department personnel, the government body officials who appointed you, and, most important of all, those citizens who use or would like to use the programs and facilities. You should be serious about making a contribution if you accept an appointment to the board. These are difficult times in which to provide public services, taking into account the unpredictable economy, high inflation rate, energy shortages, and public concern over high taxes. But the present time also provides exciting opportunities. It's a good time 10 for self- evaluation, for emphasis on the quality of services rather than on quantity, and for setting new priorities. There is a climate of readiness for change on which you can build for needed improvements. People need to have the opportunity to find constructive uses of leisure which provide them with enjoyment, a feeling of accomplishment, a sense of satisfaction, and personal growth. Many people can find this satisfaction only through leisure, which can provide for them an added quality of life not otherwise available. Serving as a member of a recreation and parks board or advisory committee is an important, positive public service; it is also an exciting and rewarding challenge GOOD LUCK! 11 MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 30, 1996 RE: DOWNTOWN PARKING FOLLOW UP MEETING TO DECEMBER 4, 1996, PARKING SYMPOSIUM The Downtown Parking Commission along with the Chambers of Commerce will hold a Downtown Parking meeting on Wednesday, January 8, 1997, at 5:30 p.m. at the Lumber Baron's Hotel meeting room to present a Downtown Parking Improvement Program. A draft of the DPIP is attached. PROPOSED DOWNTOWN PARKING IMPROVEMENT PROGRAM The Downtown Parking Improvement Program (DPIP) is being proposed by the Downtown Parking Commission for Stillwater City Council approval and adoption. The DPIP was developed based on the commission's understanding of the parking situation form daily use and a study of parking demand and supply conducted during Summer 1996. Parking improvement alternatives and possible funding sources were identified and presented at a public parking symposium December 4, 1996. The symposium provided an opportunity for participants to discuss the information presented and to indicate their preferences regarding the various parking improvement alternatives. Participants were also asked their preference or acceptance of various methods of funding the parking improvements. Based on the comments and results from a parking questionnaire, the committee proposes the following downtown parking improvement program. The DPIP is set out in three time periods; short term improvement (1 -2 years), midterm (3 -5 years) and long term (5+ years) based on type and cost of project. In developing the program the committee looked closely at the costs of improvements as compared to parking benefit. The overall approach of the program is to make low cost, short term improvements to existing parking to make it function as efficient and effectively as possible. After the existing system has been "tuned up the more expensive task of adding spaces to the parking supply is proposed. The Aiple property (midterm improvements, $250,000) could add 100 150 spaces while a parking structure, scheduled as a long term project, costing $3.5 to 5.0 million could add 350 to 500 spaces. The new funding source proposed for immediate parking improvements is pay parking for Lot 1, South Main and Lot 2, River Lot. It is estimated that $50,000 to $80,000 will be generated annually. The specifics of the program will be developed later after approval of the pay parking approach. The overall downtown parking improvement program is presented in the following chart. After presentation and discussion of the DPIP at the January 8, 1997 meeting, it will be presented to the City Council for approval. Implementation could begin as soon as the 1997 parking season. Honorable Jay Kimble Members of the Stillwater City Council Stillwater, MN. 55082 Gentlemen 4- 74e Rob aft S. Colombo 215 N. Harriet Stillwater, MN 55082 I would like to bring a situation to your attention, Each winter many senior citizens of Stillwater try to escape some of the winter cold by spending a few months in a warmer climate. Closing our homes while gone should effect some economies which would include cancelling city garbage collection and sewer services. However to qualify, a homeowner must also have the Water Department shut off the water, which costs $30.00 to turn off and another $30.00 to turn back on upon return. This negates any savings granted by the city. Please consider some compromise or change that would change the "Catch 22" situation to allow senior citizens to benefit from not using the city service when not in residence. Thank you for your consideration ALBERT E. RANUM KARL M. RANUM Steve Russell, City Planner City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Dear Mr. Russell: RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 January 6, 1997 Re: Mainstream Development Partnership and City of Stillwater Parking and Land exchange TELEPHONE (612) 439 -4143 As you may recall, I represent the Mainstream Development Partnership, that Minnesota Partnership having recently acquired the Maple Island property on North Main Street in the City of Stillwater, Minnesota. In keeping with our conversation today, I am generating this correspondence to address the snag in negotiations our office has encountered with that of the City attomey for terms addressing the number of hours the parking on the north end of the development will be available to the City and it's citizenry. Specifically, Mr. Magnuson has proposed that the number of hours that the parking on the north end of the development is available to the citizens and general public be the same as those terms that the City had in it's agreement with the Maple Island Corporation prior to the sale of the property to Mainstream Development Partnership. After much discussion of this matter with my client and review of those proposed hours, we have suggested a different schedule of hours, somewhat more limited than those the City had in it's agreement with Maple Island. I believe, however, that these terms still fulfill the general nature of our agreement on the record at the City Council meeting in December, 1996, in that they allow for the general public and citizenry of the City of Stillwater to utilize those parking spaces available after hours on evenings and weekends. Specifically, we propose that the parking area of the north end of the development be available to the general public and citizenry of the City of Stillwater at the following times: Between the hours of 6:00 p.m. and 5:00 a.m. on Monday through Friday, Between the hours of 6:00 p.m. Saturdays until 8:00 a.m. Sundays, After 3:30 p.m. on Sundays until 5:00 a.m. on Mondays; and All day on any National Holiday. I appreciate Mr. Magnuson's position as I understand it. He indicated to me that he was uncomfortable negotiating a schedule in this agreement that would vary to any great degree from that the City had previously agreed to without having been specifically granted the authority to do so. With those considerations in mind, it was my request that this matter be routed to appropriate staff members for review and recommendation. At your request, I direct this correspondence to you for presentation to the City Council. I have also included a copy of the latest revisions drafted by our office to the proposed Parking Easement setting forth this schedule. Please note that as an advantage to the City and as additional consideration for the exchange of the 20 foot strip to the east of the Maple Island building from the City, the agreement is contemplated to take the form of an easement and thereby become perpetual in nature and run with the land, binding any future and successive owners of the property. Upon your review of this correspondence and the attached agreement, please contact me if you have any questions. I have left my schedule for the afternoon and evening of Tuesday, January 7, 1997, open so that I can be in attendance at either the afternoon staff meeting or the evening council meeting to answer any questions. Please contact me at your earliest convenience upon receipt and review of this information with any questio requests for additional information. Very truly yours, RANUM LAW Karl Ranum KMR:lbg Enclosure cc: Mainstream Development Partnership ALBERT E. RANUM KARL M. RANUM Steve Russell, Community Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Re: Mainstream Development Partnership and City of Stillwater Parking and Land exchange Dear Mr. Russell: Pursuant to our further discussion today and in regards to the above referenced matter, please accept this correspondence as a representation that Mainstream Development Partnership hereby represents to the City of Stillwater that it will remain open and flexible to further discussion regarding the number and type of hours available for parking to the City and it's general public at the north end of the Maple Island project. This representation includes consideration that the existing Parking Easement as proposed may be modified, all with a goal in mind to make maximum use and efficiency of the parking available in the downtown area. We realize that with the changing use of the Maple Island facilities that it is difficult for both sides to tell what will be the actual need and use of the parking spaces located on site and accordingly, what will be available for use by the city and the general public in those off hours. We also recognize the potential for additional spaces to be available during regular business hours and that to make maximum use and efficiency of all available spaces in the downtown area that some further discussion and agreement between the parties may be reached for utilization of un -used spaces during regular business hours. As stated above, this correspondence is to represent to you that Mainstream Development Partnership will remain open and flexible and willingly participate in future negotiations with the City on this issue. As I also indicated to you our concern in resolving these discussions at the present time is directed toward completing the transfer and exchange process with the City so that we may provide accurate title information to our title insurer. This process will allow title commitment processes to be completed, which matters are essary to the overall viability of the project. Very truly yours, RANUM LAW ICE Karl M. anum KMR• cc: g Mainstream Development Partnership Magnuson Law Office RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 January 7, 1997 TELEPHONE (612) 439 -4143 DAVID T. MAGNUSON RE: MAGNUSON LAW OFFICE MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE JEscH OFFICE BWLDtNO 333 NORTH MMN STREET SUITE #2U2 P.O. Box 438 Sn1.LwATER. MN 55082 TELEPHONE: (612) 439.9464 TF.LECOPIER: (612) 439 -5641 MEMORANDUM 6124395641 P.02 RICHARD D. ALLEN TO: Nile Kriesel, City Coordinator, and Steve Russell, City Development Director FROM: David T. Magnuson, Stillwater City Attorney 1r■ DATE: January 6, 1997 Negotiations with the Main Stream Development Partnership with regard to the Maple Island Site When the City Council approved the transfer of a 20 foot strip of land adjacent to the Maple Island Site to the Main Stream Development Partnership, Main Scream Partnership agreed in return to grant a parking easement to the City over the parking lot on the North end of the site, South of Mulberry between Main and Water. 1 began the negotiations with Karl Ranum by proposing an easement that was identical CO the parking lot agreement that had been in place between the City and Maple Island when the City resurfaced the Barking lot several years ago. This language has not been acceptable to Main Stream and Ranum has told me that Vern Steffan is asking for different conditions. The terms of the prior lease and the easement language that I suggested for City use of the lot is as follows: "1. Exclusive oossession of oarkine area. City shall have exclusive use of the North row of parking spaces at all times and exclusive use of the remainder of the spaces "the remainder area between the hours of 6:00 p.m. and 5:00 a.m. Monday through Friday and at all times on Saturday and Sunday and any National Holiday." The language that Ranum asks for is as follows: "1. Non- exclusive use of narking area. City shall have non exclusive use of the parking spaces located in the improved surface parking lot and the parking area between the hours of 6:00 p.m. and 5:00 a.m. Monday through Friday between the hours of 6:00 p.m. Saturday until 8:00 a.m. Sunday, after 3:30 p.rn. on Sunday until 5 :00 a.m. on Monday and any National 1-loliday." January 6, 1997 Page 2 I leave it to you whether we should let the City Council decide this. 1 have prepared a deed for conveyance of the City's 20 foot strip, but I have not asked the Mayor and Clerk to sign it and so the City has not made the conveyance. I'm not sure what sort of hurry Main Stream might be in with regard to the project. Keep me informed. DTMl Attachment MAGNUSON LAW OFFICE 6124395641 P.03 MAGNUSON LAW OFFICE s( iM r; 1 612439 PA- AD /PA 'ON 4 P.04 L ti WASHINGTON COUNTY 18. 5:30 Adjourn COUNTY BOARD AGENDA F JANUARY 7, 1997, 4:30 P.M. orkshop with L 16. Commissioner Reports Comments Questions *MEETING NOTICES LISTED ON BACK SIDE 1t you need as 'r. due to disability or language barrier, oases* call 430.6003 ?DD 439.32201 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 1. 4 :30 Roll Call 2. Unfinished Business 3. Motion for Board to Adjourn Sine Die 4. Oath of Office Administered to the following Elected County Officials: Dennis C. Hegberg; Wally Abrahamson; and Dave Engstrom 5. New Roll Call 6. County Administrator Nominations for Temporary Chair 7. Temporary Chair Nominations for Chair of the County Board for 1997 8. Chair Elect Nominations for Vice -Chair of County Board for 1997 9. Set Board Meeting Dates for 1997 10. Consent Calendar 11. 4:45 Public Hearing Administration V. Erdahl, Deputy Administrator 1997 -2001 Capital Improvement Plan 12. 5:00 Court Services Department R. Reetz, Director Approval of 1997 Annual Comprehensive Plan 13. 5:05 H.E.L.M. Department M. McGlothlin, Director Set Public Hearing on Lothenbach Rezoning Request in Denmark Township 14. 5:20 General Administration J. Schug, Administrator Establish the 1997 Salary for the County Administrator 15. 5:30 Discussion from the Audience Dennis C. Hegberg istrict 1 ry Hauser istrict 2 Wally Abrahamson District 3 Myra Peterson District 4 Dave Engstrom District 5 Visitors stay share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minuses. This period of time shall be used by the Commissioners to report to the full Board on commiaee activities. make commenu on masers of interest and information. or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 17. Board Correspondence Date Jan. 7 Jan. 8 Jan. 8 Jan. 8 Jan. 8 Jan. 9 Jan. 9 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Public Works Committee WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR JANUARY 7, 1997 B. C. D. E. Q. R. Court Administration S. Approval of resolution awarding the 1997 newspaper publishing bids. Approval of citizen appointments /reappointments to Advisory Committees for 1997. Approval to advertise for sale and removal a house at 16948 May Avenue, Marine, MN 55047. Approval of Guardian Ad Litem contracts for 1997 and 1998. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Personnel Committee Metropolitan LRT Plat Commission Library Board HRA Board Annual Meeting Mosquito Control Commission Metro TAB MEETING NOTICES Time 2:00 p.m. 8:30 a.m. 9:30 a.m. 6:30 a.m. 3:00 p.m. 9:00 a.m. 12:30 p.m. Location Washington County Government Center Hennepin County Government Center Washington County Government Center Woodbury Library Washington County Government Center 2099 University Ave. W. St. Paul 230 E. 5th St. -Mears Park Centre A. Approval of the December 10 and 17, 1996 Board Meeting minutes and the December 10, 1996 Truth-in- Taxation Hearing minutes. Approval of two -year contract with the Minnesota Counties Research Foundation for indirect cost allocation plan services and authorize the Chair and Administrator to execute the contract. Approval of a Memorial Day Appropriation of $100 each upon request in 1997 for the Stillwater Citizens' Memorial Day Association and Washington County Posts and Barracks. F. Approval of resolution authorizing 1997 Gopher Bounty fees. G. Approval to designate the 1997 AMC official delegate list. Auditor Treasurer H. Approval of abatement applications for homestead classification, special assessments and disaster credits. Community Services 1. Approval of the Adult Mental Health Pilot Project Grant Agreement for calendar year 1997. 1. Approval to amend the Child Care Resource and Referral Program contract to $120,503. Human Resources K. Approval of an attraction /retention salary range for the classification of Economic Support Program Specialist in Community Services. L. Approval of contract renewal for consulting services with Frank Madden Associates; contract period from October 1, 1996 through September 30, 1997. M. Approval and execution of Amendment No. 4 to the amended agreement dated July 27, 1993 with Lagerquist Elevator Corporation. N. Approval to renew the Best Group Office Lease at the Historic Courthouse for the period January 1, 1997 through December 31, 1997. O. Approval of resolution authorizing eminent domain proceedings for additional parcel in the reconstruction of CSAH 14 in Baytown Township. P. Approval and execution of lease of office space in the west wing of the Government Center lower level with North Star Title, Universal Title, Old Republic National Title and Equity Title. Approval of lease with Rich Leistico and Kathy Ademak, husband and wife, by the signatures of the County Board and County Administrator. A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229 -3780 and on our web page at: www.metrocouncil.org Comments on Council issues can be made by electronic mail at data.center @metc.state.mn.us or by calling the Public Comment Line at 291 -6536. DATE: December 20, 1996 WEEKS OF: December 23 January 3 METRO MEETINGS NOTE: We will not be publishing a Metro Meetings on Dec. 27, 1996. The next Metro Meetings will be published on Jan. 3, 1997. METROPOLITAN COUNCIL Managed Competition Review Committee Monday, Dec. 23, 4 p.m., Room 1E. CHRISTMAS DAY/HOLIDAY Wednesday, Dec. 25. Council offices are closed. NEW YEAR'S DAY/HOLIDAY Wednesday, Jan. 1, 1997. Council offices are closed. Metropolitan Radio Board Friday, Jan. 3, 9 a.m., Metropolitan Counties Government Center, 2099 University Ave., St. Paul. The board will consider recommendation of RFP /specifications to MnDOT and other business. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291 -6447, (TDD 291- 0904). Call the Metro Information Line at 229 -3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF JANUARY 6 THROUGH JANUARY 10, 1997 Community Development Committee- Monday, Jan. 6, noon, Room 1A. Finance Committee Monday, Jan. 6, 4 p.m., Room 2A. Metropolitan Parks and Open Space Commission Tuesday, Jan. 7, 4 p.m., Chambers. Transportation Advisory Committee to the Transportation Advisory Board Wednesday, Jan. 8, 9 a.m., Chambers. Core Cities Issues Work Group Wednesday, Jan. 8, noon, Dixies', 695 Grand Ave., St. Paul. Transportation Advisory Board ISTEA Committee- Wednesday, Jan. 8, 12:30 p.m., Room 2A. Transportation Accessibility Advisory Committee Wednesday, Jan. 8, 1 p.m., Room 1A. Executive Committee Thursday, Jan. 9, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Providers Advisory Committee Thursday, Jan. 9, 10:30 a.m., Room 1A. Transportation Advisory Board Policy Committee Thursday, Jan. 9, 12:30 p.m., Room 1E. Land Transportation Committee Thursday, Jan. 9, 1:30 p.m., Room 2A. Metropolitan Council Thursday, Jan. 9, 4 p.m., Chambers. 2 TO: Lower St. Croix Planning Coordination Office 117 Main Street Stillwater, MN 55082 612- 439 -7122 Lower St. Croix Planning Task Force; Local Governments FROM: Buck Malick, Chair, Lower St. Croix Plapning Task Forc Kate Hanson, Planning Coordinator DATE: Friday, December 20, 1996 Next Task Force Meetina. DATE: Thursday, January 9, 1997 TIME: 7:00 9:00 p.m. PLACE: Phipps Center for the Arts, River Room 109 Locust Street; Hudson, Wisconsin TOPIC: Preparation for Upcoming Alternatives Workshop Enclosed you will find notes from the December 4, 1996 Lower St. Croix Planning Task Force meeting on the topic of riverway zoning and land protection. In the last month, the Planning Team (agency staff, with Buck Malick and Bill Clapp) has been doing some preliminary work on possible management alternatives for the Lower St. Croix National Scenic Riverway. Working with the management area descriptions, landscape unit descriptions and other information generated at previous Task Force workshops and meetings, the Team has outlined some possible alternatives in very rough form. It's going to take a great deal more effort to complete the draft alternatives (involving major revision, reworking, etc.), but the work done to date will give us a starting point for discussion at the alternatives workshop (scheduled for January 28, 29 and 30- -see below). On January 9, we'll hand out write -ups and maps of some "working" alternatives, so that the Task Force has time to consider the material in advance of the workshop. We'II also discuss in greater detail the workshop agenda and expected results. If you plan to participate in the workshop, please try to make it to the January 9 meeting. Manaaement Alternatives Workshop (January 28. 29. 30). Staff are still working on details of the agenda for this workshop, but the general timeframe is: afternoon and evening sessions on Tuesday, January 28; Wednesday, January 29; and Thursday, January 30. More information will be available at the Jan. 9 Task Force meeting. For more information, contact Kate (612- 439 -7122) or Buck (715, 386- 7010). Notes from Lower St. Croix Planning Task Force Meeting December 4, 1996 Task Force Members Present: Buck Malick (Chairman), Kate Hanson (Coordinator), Terry Moe, Kent Johnson, Larry Kennedy, Bertha Hall, Linda Luckey, John Jansen, Bill Clapp, Miles Wittig, Bob Rolle, Jim Harrison, Steve Johnson, Dennis Darnold, Audrey Kelly, Dennis Gimmestad, Jurgen Weidling, Chuck Simpson, Mark Smith, Pete Keppler, Laura Reynolds, Dave Wald, Chris Hayner, Bob Burns, Molly Shodeen, Michael Hudec, Brian Adams (for Tony Andersen). Also Present: Russell Eichman, Linda Heltgi, Scott Heltgi, John Ewing, Robert Rosene, Mary Danagh Schmitz, Tom Nelson, Rick McMonagle, Francis Ogden, Tom Quinn, Dave Forling, Kris Sampson, Janet Roberts, Doug May, David May, Franz Altpeter, David Hovel, Molly MacGregor, Glenn Webster, Paul Mosby, Dennis O'Donnell, Jim Kleinhans, Art Jensen, Paul Roelandt, Kathy Nelson, George Jorgensen, Marlie Morgan, Phil Morgan, Mark Herwig, Marion Heemsbergen, B.D. Sweasy, Colleen Montag, Dan Koich, plus 9 people who did not sign in. Task Force Chairman Buck Malick convened the meeting, noting that this is the last issue focused meeting the Task Force has scheduled. He reviewed the status of the planning. The last week of January 1997, the Task Force will hold a workshop to develop management alternatives, drawing on the work done in previous workshops and on information from all of the issue oriented meetings (held between May and December). He referred people to the new newsletter, which contains an update, including the list of issues that have been identified for the plan and a summary of the September planning workshop. (Note: Newsletters are available from Kate Hanson, 612 439 7122). I. Background Information on Riverway Zoning. Minnesota DNR River Supervisor Steve Johnson gave background information on the riverway zoning. He said that land use along the Lower St. Croix National Scenic Riverway is regulated by local zoning. The riverway zoning is usually an overlay ordinance. The 1976 Master Plan for the Lower St. Croix Riverway stated that cities and counties shall adopt regulations according to state legislative direction. The states developed model ordinances for the local governments. Steve said that the issue of zoning being a "takings" is being debated throughout the country, but the legality of zoning has been upheld by courts. He referenced p. 2 of the 1976 Lower St. Croix Riverway plan, which states that the overall goal of the plan is "to preserve the existing scenic and recreational resources of the Lower St. Croix River through controlled development." He said there are 3 ways to accomplish this protection: through fee -title ownership, through acquisition of development rights (scenic easements), and through zoning. Steve reviewed how the riverway boundaries were established when the riverway was designated. The viewshed was defined as being the view from the water surface. The wild and scenic legislation restricted the amount of land that could be placed within the riverway boundary to 320 acres /mile. This inherently restricts the amount of the viewshed that can be controlled. However, local governments can voluntarily extend the boundaries of the riverway zone, and this offers another means for viewshed protection. He referenced Appendix A of the 1976 Master Plan, which outlines "Suggested Zoning Guidelines He noted that in previous task force meetings, people have voiced concern that the area receiving scenic protection is not adequate when the viewshed is defined solely from the perspective of the water surface. Steve noted that all local governments along the Lower St. Croix, with the exception of Taylors Falls, have adopted riverway zoning ordinances. There are different zoning standards for municipal and rural areas in both Minnesota and Wisconsin, and the state Departments of Natural Resources have veto 1 power over local riverway zoning decisions in both states. Steve said that as a part of the updating of the Lower St. Croix management plan, there likely will be recommendations for changes in the existing Minnesota and Wisconsin rules for the Riverway. A public hearing process would be required in order to amend the state rules. Copies of the Minnesota and Wisconsin rules were available at the meeting; you can get copies from Kate Hanson (612- 439 7122). Questions and Discussion: Comment: Task Force member Bob Burns spoke about a new blufflands ordinance for Washington County. He said that one problem with the current zoning is that local governments have to determine how an existing structure, if remodeled, will look as viewed from the river. The current standard of "visually inconspicuous" is difficult to work with, he said, because it requires a subjective evaluation. He said this takes on growing importance as more and more cabins are being converted to all- season homes. He suggested that new technology for computer generated graphics be used to provide a more objective means to evaluate visual impacts of new construction and modifications to existing structures. Comment: Task Force member Chris Hayner stated he doesn't believe that the Federal government has a right to own property or easements in the riverway. Chairman Malick referred this question to planning staff, and requested that they provide Mr. Hayner with information on enabling legislation. Q: St. Mary's Point has seen a lot of development. If this is within the riverway zone, how can they do that? A: The construction has met setback requirements and other standards. This raises the question of whether the current zoning is adequately protecting visual impacts. Q: Are we appropriately applying the 50 percent rule for redevelopment? (Many zoning ordinances allow improvements of existing noncomforming uses up to 50 percent of the structure's value; improvements beyond 50 percent of the value would require the use to become conforming.) Audience member Bob Rolle suggested that the 50 percent rule applies only to nonconforming uses, not nonconforming structures. (Note: Follow up by WI DNR staff after the Dec. 4 meeting indicates the 50 percent rule does apply to both nonconforming uses and structures; however, legal clarification is needed about the distinction between uses and structures.) Dan Koich (WI DNR) said St. Croix County's ordinances are more restrictive than the state's, and the more restrictive ordinances apply. He also noted that WI DNR had formed a committee to look into the 50 percent rule, but its work has been temporarily disrupted by the agency's reorganization. Comment: It was suggested that elected bodies should make regulations rather than trying to accomplish this through agency administrative changes. Comment: Task Force member Jurgen Weidling pointed out a typographical error in the existing ordinances and said that the language needs to be simplified to be more understandable. I1. Panel discussion: Local government perspectives on administration of riverway zoning ordinances. Presenters: Dennis Darnold (City of Hudson), Steve Russell (City of Stillwater), Tom Nelson (St. Croix County), Dennis O'Donnell (Washington County). Points made by Dennis Darnold: Administrative changes to the riverway zoning ordinances are needed; some don't make sense and need to be rewritten. He gave an example: the current ordinances preclude Hudson from "up- zoning" 2 an area near downtown Hudson for senior housing and multi family housing that could benefit from the downtown location. He suggested that local jurisdictions should have greater freedom to pursue these types of more intensive development that are currently precluded, and said he believes greater density of development could be allowed in incorporated areas without impacting the riverway. He said there is a need for distinct standards for incorporated areas and unincorporated /rural areas. He supports height limitations and bluffland setbacks, and suggests that there should be a new requirement to set aside a percentage of bluffs. The language of the rules needs to be simplified to be more understandable and to define terms such as "visually inconspicuous Limits on structure color need to be reexamined. The definition of structures needs to be reexamined (for example, patios). More flexibility is needed for vegetation removal (for example, along pathways, clearing for safety and to provide river views). He suggests DNR should not have veto power. He says he has a very positive working relationship with the DNR staff, but their availability is limited and regulations are interpreted inconsistently. Points made by Tom Nelson: St. Croix County has been working with setback standards since 1972 and adopted a riverway ordinance in 1977. The purpose of the ordinance is to protect the rugged character of the shoreline. From his point of view, administration of the zoning is getting better over time. He said once you learn how to say "no" to things that violate ordinances, it become easier to continue saying "no St, Croix County's ordinances restrict height more than state rules do -25 feet instead of 35 feet. Mr. Nelson cited a number of issues raised with the current ordinances: Some of the terminology of the ordinances requires judgement calls. For example, what is "visually inconspicuous" and what constitutes an "earth -tone color Tree cutting. Pruning and limbing are permitted -some large trees have been "pruned" so that only the crown is remaining. The 200 foot set -back from the ordinary high water mark. A structure on a bluff may be inconspicuous at less than 200 feet, and there has been a recent interpretation that in such situations, can build up to the bluffline. St. Croix County is going with a standard 100 -foot setback; people are Tess inclined to do extensive pruning. Urban versus rural standards; the 40 -foot structure setback from the bluffline in urban districts vs. the 100 -foot structure setback from the bluffline in rural districts. Nonconforming structures; if they are destroyed (for example, by fire) the owner can rebuild in the same footprint rather than meet the setback requirement. Silviculture issues: forestry management needs to be coordinated with riverway management, we 3 e need to be careful if we want to preserve the rugged character of the riverway. He suggests that selective cutting rather than clearcutting be used to remove undesirable species. He said the DNRs and the Boundary Area Commission have been good partners and have helped with administration of the ordinances, but it is frustrating that over time more of the responsibility has shifted to counties and there is less support from the agencies. Points made bv Dennis O'Donnell: Washington County is the fastest growing county in Minnesota; Mr. O'Donnell displayed a map showing the urban /rural mix of land use. The county adopted its riverway ordinance in 1976; it applies only in township areas. The county has been quite supportive of riverway zoning, and there has been consistency over time from staff and the Board of Adjustment. He said that for the most part the ordinance has worked well and has protected the St. Croix relatively well. He identified the following issues /problems with the ordinances: Inconsistent enforcement. He said the DNR certification process (veto power) is important for consistency. It hasn't been a problem to implement the ordinances in conjunction with new development, but the most common issue arises with variance requests for improvements to substandard structures- -such as substantial additions and rebuilding of cabins. He said many new owners don't have the same respect and support for Riverway values as many of the older residents. The Board of Adjustment is very concerned with the view from the river and the intent of the ordinances and rules. He sees fewer tree- cutting violations and believes this is because people realize that the vegetation helps reduce noise. Instead of fining for violations, Washington Co. attempts to get trees replaced. Some language in the ordinances needs to be clarified- -for example, in the exceptions section for adding on to structures. Points made bv Steve Russell: Most of Stillwater is not within the Riverway District. The district is the area between the railroad tracks and the river. The city owns about half of the land that is within the district, and redevelopment does occur in the district. The current riverway ordinances don't address historic values. A portion of the city has been designated a national historic district (this status is separate from the St. Croix's National Scenic Riverway designation). The bluffland definition may be too liberal; there is a need to distinguish between bluffland development in urban and rural areas. Tree cutting is a big issue. Better resource protection might be accomplished through forestry management plans rather the focus on tree cutting, but this would require substantial staff effort. 4 Guidelines are needed to define subjective terms such as "visually inconspicuous in order to get consistency. In the future, he would like to see zoning standards that are more performance- oriented. This would allow greater flexibility in achieving goals, although it would still be difficult to administer because of all the jurisdictions involved. If performance standards aren't possible, standards need to be spelled out in black and white. More attention is needed to watershed issues. For example, how does erosion in places such as Brown's Creek affect the river? The city has a good working relationship with DNR and places a high priority on the river. Questions and Discussion: Task Force chairman Clarence Malick noted that other local government officials not on the panel were present at the meeting. Task Force member Chris Hayner spoke in support of suggestions to clarify language, spell out requirements in black and white. Task Force member Dennis Gimmestad, of the Minnesota Historic Preservation Office, said that the plan developed for the Mississippi National River and Recreation Area provides a good example for how a plan can build in incentives for local historic preservation ordinances. He said grants are available from the Historic Preservation Office. He said that Stillwater is on the National Register of Historic Places, but it is not protected because there are no corresponding ordinances for historic preservation. Steve Russell responded that Stillwater's floodplain ordinances address historic structures, and the city does design review. Comment: need to consider the view not just from the river to banks, but also the banks to the river. Task Force member Jim Harrison (Minnesota- Wisconsin Boundary Area Commission) commented on the availability of BAC assistance. He said that in 1992, BAC decided not to respond to all notices of public hearings on variances, conditional use permits, etc. He said BAC may need to revisit this decision, noting that one reason for BAC's existence is to assist local government. Regarding different zoning standards for urban and rural, he referenced the Columbia River Gorge: urban areas are not in the riverway district there, and he said the quality of development is out of control and that system is not working. He suggested counties be brought on board as part of the riverway management team. III. Alternative Methods of Land Protection. Scenic Easements. Terry Moe (WI DNR Chairman, Lower St. Croix Management Commission) reviewed how the 1976 Riverway master plan addresses scenic easements in the state administered zone of the Riverway. The plan identifies acquisition of scenic easements by the states as a tool for scenic protection. In Wisconsin, the priority has been to acquire scenic easements adjacent to state parks. He said Wisconsin does not expect to acquire more scenic easements in the future because the protection rights being acquired with easements are not significantly greater than protection provided through riverway zoning. The state does not consider easements a cost effective use of public funds. Mississiooi River Headwaters Board Model of Riverwav Protection. Molly MacGregor, executive director of the Mississippi Headwaters Board, presented information on the joint powers agreement between 5 eight counties along the Mississippi River from Itasca to south of Little Falls. The joint powers agreement (authorized by the state) was an alternative to national wild and scenic designation for this stretch of river. The Headwaters Board is made up of elected officials from each of the eight counties. Memorandums of Understanding are also in place between the Headwaters Board and the U.S. Forest Service (Chippewa Natl. Forest), MN DNR and the Leech Lake Tribal Council. Zoning similar to that for the St. Croix is in place. The zoning is at the county level- -there are no municipal ordinances. The area is primarily rural -there is less population and there are fewer development pressures than on the St. Croix. The Headwaters Board has certification authority (veto power) over county zoning decisions; it reviews conditional use permits and variances. The Board has made denials. It does extensive training about the zoning for local officials and boards of adjustments. She said the Board makes a big effort to educate people about the zoning rules. She brought sample publications of the Headwaters Board (available from Kate Hanson): the "Mississippi Headwaters Management Plan" and brochures on shoreland zoning, heritage resources protection and forest stewardship. Q: What happens when a municipality annexes county land? A: The county standards are not reduced. O000rtunities for Private Land Protection: A. Land Trusts: Task Force vice chairman Bill Clapp gave an overview of how land trusts work. They are private, non profit organizations. Landowners can make tax deductible donations of land to a trust. This can be done by placing conservation easements on land (the trust holds the easement). With an easement, the landowner sells the development rights to the land trust in order to preserve farmland or natural areas. There can be flexibility in easements, so that low levels of development can be allowed. This also reduces the cost of the easement. The easements may allow for public access but this is not required. In the St. Croix Valley, the Minnesota Land Trust has an easement on about 500 acres of a nature center near Afton and an easement on about 100 acres at Cedar Cliff. The Standing Cedars Land Trust in Wisconsin has fee ownership of 1,116 acres south of Osceola and easements on another 245 acres. This was acquired with substantial funding from WI DNR; public access is allowed. He said that if the Minnesota Legislature appropriates funding, there will be a 2 -year project to identify a Washington Chisago Co. greenbelt. This would involve transfer /purchase of development rights. Rick McMonagle, director of the Kinnickinnic River Land Trust, provided information on that organization. It was formed in 1994 to protect this important tributary to the St. Croix. The watershed is about 96,0000 acres, with only one city (River Falls). The trust has about 500 members. The goal is to help people hold on to their property and retain its value. The average age of farmers is 55 years old; property taxes are high, and it is often difficult for farmers to pass on their property. The trust has a Land Registry Program -a voluntary, handshake agreement for the trust to work with landowners on best management practices and be notified if and is to be sold. The trust holds conservation easements and has purchased some property, then placed a perpetual conservation easement on it and sold it to a "conservation buyer He said conservation easements should produce lower taxes but that the trust needs to educate local assessors about this. He said he thinks land trusts neutralize the issue of takings, because landowners are compensated. B. Wisconsin Farmland Conservancy. Tom Quinn, executive director of the WI Farmland Conservancy, gave information on that organization. Its purpose is to protect the character of the rural countryside. On approach used is to match urban buyers with farmers selling their property. The Wisconsin Stewardship Fund funds 50 percent of easement acquisition. The emphasis is on buying easements for property with natural or habitat value. He emphasized that there is a great deal of opportunity for protection of farmland through partnerships with trusts, local governments (townships and municipalities) and landowners. He mentioned the Archaeological Conservancy, which provides funding to preserve sites of archaeological significance. 6 DEC -30 -96 11:25 FROM: F NEWS RELEASE u.s, department of the iiterior national park service Embargoed Until: December 30 -more- ID: PAGE 2 Contact: John Daugherty (715) 483 -3284 Flo Six (402) 221 -3448 NFS MAKRS DECISION ON STILLWATER BRIDE Omaha, NE- -After three months of evaluation and consultation the National Park Service has determined that the proposed construction of a new bridge crossing the St. Croix River between Oak Park Heights, Washington County, Minnesota, and Houlton, St. Croix County, Wisconsin, would have a direct and adverse effect on the scenic and recreational values of the Lower St. Croix National Scenic Riverway. Midwest Field Area Director William W. Schenk signed the letter of determination, and requested that no federal permits be issued. Schenk said that the new bridge would require a section 404 permit from the U.S. Army Corps Of Engineers for dredge and till activitiee in the bad and on the banks of the St. Croix River, approval from the U.S. Coat Guard to place a fixed bridge over a navigable waterway, and Federal funding from the Federal Highway Administration. The proposed site in located on a segment of the St. Croix River protected under the Wild and Scenic Rivers Act as a component of the Wild and Scenic Rivera System. The National, Park Service lViidwest. Regional Otiice 1709 Jackson Street Omaha, Nebraska 68102 DEC -30 -96 11:16 FROM. New bridge...page 2 ID: evaluated the proposal as a water resources project under Section 7(a) of the Att. The Act state9 that: "no department or agency of the United States shall assist by loan, grant, license or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such rivet was established, as determined by the Secretary charged with its administration." Water resources projects are any projects that would affect the free-flowing characteristics of a river, Free- flowing is defined in Section 16(b) of the Act as: "the term free- flowing as applied to any river or section of a river means existing or flowing in natural condition without impoundment, diversion, straightening, rip- rapping, or other modifications of the waterway." Qiven the definition of free- flowing in the Act, the NPS considers water resources projects to include dams, diversion projects, bridge and roadway projects involving construction in the bed or on the banks of the river, bank stabilization projects, and activities that require a section 404 permit from the U.B. Army Corps of Engineers. The National Park Service conducted the Sectioan 7(a) evaluation on behalf of the Secretary of the interior. Are interdisciplinary team was formed to prepare an evaluation, analyzing the effects of the propoeed project on the values for which the river wide included in the System. The team visited the site on October 2 and 3, and reviewed existing environmental documentation related to the project to prepare the 78 -page evaluation. The lower St. Croix River was added to the Wild and Scenic River System in 1976 for its outstandingly remarkable scenic, recreational, and geologic values. In the evaluation, the NPS concludes that the proposed bridge would have an adverse effect on the scenic and recreational values for which the river was included in the Wild and Scenic River system. The massive structure would adversely affect the natural and historic scene, altering the scenic qualities of this segment of river more than any development since designation. The NPS also concludes that there is a direct relationship between scenic values and recreational values. The proposed crossing's adverse effect on scenic values would interfere with public enjoyment of recreational values. Therefore, the proposed project also would have en adverse effect on the outstanding recreational values. December 27, 1996 PAGE 3 7e1G.Z7 ,L64cY die ael L ,e 0 .A,Ly.„-LeZ- Al:111 771 <?c2 ./Zil)Z z A9 6 G�%r'e 1 7:a: a 1 4/)- 2 ccd&i, -6?/7 1 DEC 2 3 1996 °Pie 4 c,/ -/aece.cza2 a- o C- �iU2 ,b- -V6? i GCG e o n 71-& h /c GAG cd/1?7t-/ '1 1.AL''r`'' iT) ,ems ,2 �LL= 'LG`Zi /):7' /7/; /17;77-' h �r�L /4 .,L/; /a/c>: December 18, 1996 Stillwater City Council C/O City Coordinator Nile Kriesel Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 Re: Selection of Design Architect for the St. Croix Valley Sports Facility Dear City Council: The City Council of Oak Park Heights wishes to express its dissatisfaction with the City of Stillwater's recent selection of a design architect for the St. Croix Valley Sports Facility. While the City Council supports the seeking of the lowest possible bid based on detailed project specifications, it is our understanding this was a request for proposals, not a detailed project bid. As such, Stillwater should have taken into account the working relationship already developed with Bonestroo, Rosene, Anderlik, Associates as part of the fund raising effort for this facility. If there are any questions please give me a call. Sincerely, FOR THE CITY COUNCIL OF OAK PARK HEIGHTS Michael Robertson City Administrator CITY OF OAK PARK HEIGHTS 14168 N. 57th Street Box 2007.Oak Park Heights, MN 55082 Phone: (612) 439 -4439 FAX 439 -0574 Tree City U.S.A. E Ck D DEC 2 3 96 Jan, 2. 1997 11:23AM 3M BENEFI'TS 224 2W No. 8283 P. 2 January 2, 1997 SUBJECT: STILLWATER DOWNTOWN PARKING TO: STILLWATER CITY COUNCIL, STEVE RUSSELL, NILE KRIESEL As I was reading the December 31 edition of the Stillwater Gazette article concerning downtown parking plans, the following occurred to me that I wanted to convey to you. The article addresses plans to improve parking and use signs to help show people where parking can be found. I assume that, consistent with the Stillwater Comprehensive Plan (which indicates there are traffic issues in the residential neighborhoods), there will not be plans (through signs or other means) to route traffic through the reside e'hborhoods, in order to get from highway 36 to the parking lots on the southwest hills of downtown. I know it's easy to get focused on addressing one problem and potentially cause an impact on another problem. I thought I would share this, in case anyone had not thought of this. 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E. ,..4 g.m fi n o, a' a a p 7 o N' c „o o in a S 3 ti c,• .c. •'O �a 3 a+v .c-- a a a' 'te' r c lirsitiW, t d1 a• 4. a a tea A '2 o a a Q 0• ti O a a p: tic, 0 co y *o g co ca a N K a .p a v Ch b 5' ID p, n vS �'a. S,w ..a'o•co',O a v: N0. N- 0 3 n Mn /DOT Metro W.E. January 3, 1997 Minnesota Department of Transportation News Release Metro Division 1500 County Rd, 57 West Rosevillo, MN 55113 FOR IMMEDIATE RELEASE TEL :612 582 -1368 Jan 03 97 15:49 No.007 P.01 CONTACT: Jack Pirkl, Maintenance Prcoperations Engineer, 582 -1413 Kent Barnard, Public Affairs Coordinator, 582 -1363 1N -D a'I''1` INSPECTION SCIIEDULED NEXT WEEK FOR STILLWATER LIFT BRIDGE Phone; 612/ 582 -1000 (Roseville, Minn.) The 65 -year old Stillwater lift bridge will undergo an in -depth mechanical inspection and evaluation next week to determine its structural and operational "health." The Minnesota Department of Transportation (Mn /DOT) hired the engineering firm of HNTB Corporation of Edina to analyze the condition of the lift mechanism and motor for the bridge which crosses the Si, Croix River between Stillwater, Minnesota and Houlton, Wisconsin. The inspection will take place between 12 noon and 2:30 p.m, on Tuesday, January 7, and from 9 a.m. to 2:30 p.ln. on Wednesday and Thursday, January 8 and 9. During the inspection, workers will raise the bridge, as needed, fir periods up to 15 minutes. Motorists are asked to allow extra time to cross the river and watch for the bridge inspection crew. Changeable message signs also will alert travelers to the inspection.. A report on the condition of the bridge's lift operating system and motor will be completed by mid February. It will include recommendations for future maintenance needs as well as necessary repairs and improvements to keep the bridge in good operating condition. J)ue to the age of the bridge and its lift equipment, gears and other mechanical and electrical parts are not readily available, and in some cases may need to be custom- built. •►W'°L Minnesota Department of Transportation Metropoiltan Division Waters Edge 1500 West County Road 62 Roseville, MN 55113 January 3, 1997 Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve Russell: Subject: Stillwater Hotel Suites Site Plan Review S96 -097 South of Elm Street, West of Main Street Stillwater, Washington County CS 8210 An equal opportunity employer The Minnesota Department of Transportation Mn/DOT) has reviewed the Stillwater Hotel Suites Site Plan. We find the plan acceptable for further development with consideration of the following comments. If the property is to be platted, the plat document is required to be submitted to us for review. The plat should include the boundary survey and/or the minor subdivision document. A more finalized site plan and grading/drainage plan must be submitted if they are available with the plat. Please send two copies to our Local Government Liaison Supervisor, Sherry Narusiewicz, at the above address. A Mn/DOT stormwater drainage permit is required for the proposed development. Hydraulic computations and drainage area maps, showing before and after conditions and addressing 100 -year storms, must be submitted with the permit application. Existing drainage patterns and rates of runoff affecting Mn/DOT right of way should be perpetuated. The rate at which storm water is discharged from the site must not increase. Any questions regarding Mn/DOT drainage concerns may be directed to Gene Bovy of our Water Resources Section at 779 -5053. One access to TH 95 will be allowed, directly across from the existing Zephyr Station right- in/right -out access point. A permit is required for access to TH 95. Construction of right and left turn lanes on southbound and northbound TH 95 will be required for permit approval. These turn lanes are necessitated by this development proposal and are the responsibilities of the project proposer, the city, or both. Enclosed is a diagram showing locations for the turn lanes. Mn/DOT Metro Roseville Fax:612 -582 -1166 Jan 6 '97 7 :43 P.02/02 c b C 1 .1/4.� t ..f .1 )14 t/' a k s- 9 3 9 7' 2 s1 Mn/DOT Metro Roseville Fax :612 -582 -1166 Steve Russell January 3, 1997 page two Jan 6 '97 7 :31 P.03/03 The permit applicant must submit plan and cross sectional drawings of the allowed access, showing the required turn lane configurations. Further information and the appropriate forms may be obtained from Lars Impala of our Permits Unit at 582 -1447 or the above address. Any use of or work within Mn/DOT right or way will also require an approved permit. The permit necessary depends on the nature of the proposed work. As noted above, Lars Impola of our Permits Unit may be contacted for the appropriate forms and further information. If you have any questions about this review in general, please contact me at 582 -1654. Scott Peters Senior Transportation Planner /Local Government Liaison Enclosure c: Larry Nybeck, Washington County Surveyor Sandy Cullen, Washington County Transportation Engineer AGREEMENT THIS AGREEMENT, made this day of January, 1997, between the City of Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class and Municipal Corporation organized under the laws of Minnesota (City), The Pemtom Land Company, a Minnesota corporation, Westwood Professional Building, 14180 Highway 5, Eden Prairie, Minnesota 55344 (Pemtom) and Charles Cudd, Co., a Minnesota corporation, 1802 Wooddale Drive, Woodbury, Minnesota 55125 (Cudd), Pemtom and Cudd, collectively, (the Developers). RECITALS 1. The City has entered into an Agreement (Orderly Annexation Agreement) with the Town of Stillwater, Washington County, Minnesota for the Orderly Annexation of portions of the Town of Stillwater to the City effective August 16, 1996. 2. Pursuant to the Orderly Annexation Agreement and effective on October 4, 1996, Phase I of the property described in the Orderly Annexation Area became part of the City. 3. Pemtom and Cudd have requested that the City conduct planning, engineering and environmental studies within the Orderly Annexation Area preparatory to and in anticipation of the extension of municipal utilities into the Orderly Annexation Area and to property owned by Pemtom and Cudd. 4. At the request of Pemtom and Cudd, the City has contracted with the State of Minnesota to study the Long Lake Watershed (Long Lake Study) and to pay one -half of the costs of the study. The City's share is estimated to be eighteen thousand and no /100 dollars (518,000.00); the City has authorized Short, Elliott and Hendrickson, Inc., its' consulting engineer, to conduct a feasibility study under Minnesota Statute §429 to determine whether a project consisting of the extension of municipal utilities into the Orderly Annexation is feasible (Feasibility Study) and the estimated costs of this feasibility study 1 is fifty thousand and no /100 dollars ($50,000.00); and the City is prepared to enter a contract with Dahldwin, Shardlow and Ubin, Inc., consulting planners, landscape architects, 300 First Avenue North, Suite 210, Minneapolis, Minnesota 55401, to provide an environmental study of theiOrderly Annexation Area under the Alternative Urban Areawide Review Process (AUAR) according to rules of the Minnesota Environmental Quality Board (EQB) and the cost of this study is estimated to be ninety thousand and no /100 dollars ($90,000.00). NOW, THEREFORE, BASED UPON THE MUTUAL PROMISES OF THE PARTIES, THEY AGREE AS FOLLOWS: 1. The Developers will pay all costs incurred by themselves or by the City in connection with the Long Lake Study, the Feasibility Study and the AUAR including, but not limited to, any legal, planning, engineering or inspection expenses incurred by the City in connection with these studies. 2. As security for the payment of these costs, the Developers, upon execution of this Agreement, will provide the City with cash, letter of credit or other surety, with the form of any non -cash security to be satisfactory to the City, in the sum of one hundred seventy -three thousand eight hundred and no /100 dollars ($173,800.00). The figure represents one hundred ten percent (110 of the estimated cost of these studies. 3. The Developers will pay in full all bills submitted to them by the City for these activities within ten (10) days after receipt. If the bills are not paid on time, the City may halt all work on any of these studies until the bills are paid in full and, further, may draw upon the security on deposit with the City in an amount equal to the amount in default. 4. If it should be determined, based upon studies done by the City, and in the discretion of the City, that any amounts paid by the Developers under this Agreement benefit property other than property owned by the Developers and, further, if the City actually collects by Agreement or through assessments for local improvements levied under Minnesota Statutes §429 or other means any of these 2 II 1 amounts from third parties, the City will, refund to the Developers pro rata based upon the amount of their deposits any monies which are in excess of the actual costs paid by the City. All interest that accrues on any sums on deposit with the City pursuant to this Agreement will remain property of the City. The City will be under no obligation to pay over sums to the Developer unless all appeal rights regarding legal action that might be brought to secure return of the money have expired. 5. The Developers hereby hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from these studies. The Developers also agree to indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of any such claims including, reasonable attorney's fees. 6. Nothing in this Agreement or the payment of money to the City by the Developers pursuant to this Agreement will be deemed approval of any development request or approval that might otherwise be needed by the Developers as part of any City development review requirement. TERMINATION This Agreement will terminate once payment has been made for all of the studies and any amounts have been reimbursed to the Developers. IN WITNESS WHEREOF, the parties have set their hand this day of January 1997. CITY OF STILLWATER Jay L. Kimble, Its Mayor ATTEST: Morli Weldon, Its Clerk Subscribed and sworn to before me this day of January, 1997, by Jay L. Kimble and Morli Weldon, the Mayor and Clerk of the City of Stillwater. Subscribed and sworn to before me this day of January, 1997, by the of The Pemtom Land Company. Subscribed and sworn to before me this day of January, 1997, by the of Charles Cudd, Co. This Document was Drafted By: David T. Magnuson #66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439 -9464 4 THE PEMTOM LAND COMPANY By Its CHARLES CUDD, CO. By Its Notary Public Notary Public Notary Public 1 i To: Mayor and Council From: Morli Weldon, City Clerk Date: January 7, 1997 Subject: Claims against the City The attached claims have been submitted to the insurance carrier: 1. Laura Von Holtum Damage to vehicle from snowplow CITY OF STILLWATER Memorandum 2. Conciliation Court claim Subrogation claim from State Farm Insurance January 7, 1997 Mr. Robert McGarry McGarry- Kearney Insurance Agency 243 South Main Street Stillwater, MN 55082 Sincerely, Laura Von Holtum 504 217th Ave Somerset, WI 54025 Motli Weldon City Clerk Enclosure THE BIRTHPLACE OF MINNESOTA RE: Claim against the City Dear Mr. McGarry: Please process the enclosed claim against the City: Damage to vehicle from City snowplow January 3, 1997 c: Klayton Eckles, City Engineer Dave Magnuson, City Attorney CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 439 -6121 o jui Ado ,,ecs U DA TE A, 6 oix CLAIM AGAINST CITY OF STILLWATER (`C III NAME OF CLAIMANT ta 74 ADDRESS ..5 71ti 2 ,ffl C7 (Av 57Yo PHONE NO. .775 WHEN DID EVENT OCCUR? ck iNn CL �%Gt/t 2 /977 WHERE DID EVENT OCCUR? /n o7 f/4 C WHAT HAPPENED? 6/ Aat,u &M 2 /GCS L 6/6 0( 4"/ f p /L 72'1A c1 c e; r 2 c, 7n e a-rcy da (J ek e iron/ d' c:Le WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? X0 Li7(0/" STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED Ca �o A ,42.4 Cr d 7A AtP CI(' ccd/ A-A ,da_,Jvlf r/r f)L r_ wen, r le l C 6- L L/ c ulP j h a' NAME OF PERSON MAKING REPAIR; OR GIVING CARE Ca (e 'fizi Y SIGNATURE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. PS-32003-06 1-91) LOCAL CASE NO HIT -AIRUN PUB PROP VEHICLES KILLED ATTENDED p`F O ROUTE SYS ADUTE NUMBER OR STREET NAME ON SN S CG.K E COUNTY NO INT ELEM a CITY a TWP \,A) RCC 0 N DMGLCC DML.SE'V ACCTYP PX008J ON BRIQGE LOCATN ROWORK RCESGN RCSURF RDCHAR DRIVER LICENSE NUMBER FACTOR 1 A; LI -T�S lC 4- iiV�4S M vs� 3 a (o- c_0(,..- c>t� FAR2 N MEIFIRS, ,MIDDLE. LAST, RSTRCTNS WTHDRWN NAME ;FIRST. MDDLE. LA COMPLIED MNUVER AD d §S DATE F Blfi N I AD K m0 10 04) L 1 S 1 7 i I' oi a\��1.. J PHYSCL CITY STATE. IP 1 C I 7 STAT ZIP T`\ L )C v- J CJT l� i �O` v�.2"r 5'2 ADDRESS S JE?'�ti T 0 TO SP T R HO TRANSP6RT ADDRESS CCP° CT i 3 N C OTHERLANCE ;O CO �CT IEHTYP OWNER NAME FIRE ADO S\\]] CITY STA). r Oj c/0 NJURED PASSENGERS, WITNESSES NORTH OFFICER RANK. NAME. BADGE AND AGENCY �Xr 0 \+MGi r UNIT MOTOR CARRIER ADDRESS CITY. STATE. ZIP S. 2 -Q Is M :1% 7 4 -1 1 ,k_ J\ MAKE nn N1C:DE'_ •AR VII l n0 PLATE SATE 1 Yt STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY TRAFFIC ACCIDENT REPORT (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) PAGE INJURED H MONT DATE YE DA DA AM o I 3 V ,.oQls oPm REFERENCE POINT sstE,z 'JO COLOR SEQUENCE OF EVEN% 1 I I YEAR INSURANCE cf7 OWNER OF OTHE 'DAMAGED PROPERTY ANO /OR YELLOW TAG NUMBERISI I1 0 3J STATE CLASS DRIVER LICENSE NUMBER UNIT 2 AT 0 ❑N ❑E CI INTERSECTION I OR j �Y OF WITH WWW FT S Li '.V ROUTE SYS I ROUTE STREET. CORP LIMIT. hEF POINT OR FEATURE L•S I l�oc- LI 3 ate•\ \t1r MOTOR CARRIER ID ICR X VEHICLE PEDESTRIAN !N;OCD TO HOSP N f■ AMBULANCE SERVIdiS1 AND /OR SATE AMBULANCE RUN NUMBER(S) DESCRIPTION, CHARGES PENDING. AND CR CITATIONS ISSUED a c:KSZ.■ t HAZ HAZ MATL CLASS /ID MAT PLAC OF TIME S Z.% S C AMBULLARNCEW Hi -7 OTHER I a� 4 4 13 3 NEF NAME 4.3i (Q f a) i ix -0 Mc,-=...r CS-.�Q C OCCUP I0.DDREVS i NA C 0 F'ULUNG DIRECT C 'Y STATE. ZIP MAKE `/�1 'MODEL !E -R COLOR I SEQUENCE OF EVENTS PATROL SHERIFF MATL CLASS /I0 G BICYCLE 1 STATE CLASS FACTOR 1 3 RSTRCTNS WT b N FACTOR 2 CONIPUED DATE OF BIRT SI£ca. UNIT IPOSTNI AGE I SEX EJECT IRSTRNT IINJCCD TO HOSP ITRANSPORTI INSPECTOR FULLING OCCUP DIRECT C AMBULANCE OTHER C AMBULANCE C OTHER C AMBULANCE C OTHER C AMBULANCE C OTHER VI LOCAL OTHER MNUVER 11 PHVSCL RCOMND VEHTYP a. FIRE TOW CMGLOC DMGSEV 3 DEVICE 0 WORKING SPEED UMIT 3 INTREL 3 WEA PHOTOS TAKEN LIGHT 1 DIAGRAM MATL CLASS/ ID BOY TYP MC AXLES AXLES TRAILER SOURCE DOWN UP HITCH GVWR January 7, 1997 Mr. Robert McGarry McGarry- Kearney Insurance Agency 243 South Main Street Stillwater, MN 55082 RE: Claim against the City Robert and Denise Hoke Conciliation Court Claim of State Farm Insurance Company Dear Mr. McGarry: Enclosed is a copy of a memo from City Attorney Magnuson regarding a claim brought by State Farm Insurance to secure subrogation rights. Please process as necessary. Sincerely, 6-LL LIQ,ii, Mortli Weldon City Clerk Enclosure THE BIRTHPLACE OF MINNESOTA c: Dave Magnuson, City Attorney CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 439 -6121 DTM /ds DAVID T. MAGNUSON RICHARD D. ALLEN Enclosure MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SurrE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 MEMORANDUM TO: Morli Weldon, Stillwater City Clerk and Nile Kriesel, Stillwater City Coordinator FROM: David T. Magnuson, Stillwater City Attorney DATE: December 30, 1996 RE: g' Ak.FCLOr) V A copy of the Conciliation Court claim of State Farm Insurance Company was faxed to my office on December 23, 1996. This Notice calls for the City to appear in Conciliation Court on March 19, 1997, and the claim is brought by State Farm to secure subrogation rights. Their claim is that they paid out three thousand and no /100 dollars ($3,000.00) to settle a claim that was caused by the negligence of others, including the City. Since this is a tort claim and a subrogation claim, I believe that it should be sent to the League of Minnesota Cities Insurance Trust for handling. I enclose a copy of the Summons so you can readily identify it. •1 C•rrdznt l SiATaNIENT OF CLA I'A 00 NOT WRITE BeLOW 7M(S St :NI NIONi NOTICE i t Act-LA:: Tt1 t1CF -3 (Rev- 9/93) Stitsment of Clam and Smmnnns State of Minnesota li$-7 CCUNTY WAHTNf•TON __STATE_.EARM F_I RE ..CASUALTY_C0 __1055_East...Cty_Rd_E _V_adnai.s _Heights „_MIN_. 55110 ZIP Claim No: 23 -0003 -986 I $IItl ti __City_o __Sti 1 lwater -Attn.:_N.i.Le- Kr_tesal z Ct 111+./a�or Mr iilrrrar t :•aw�+au• CAROL EL B A E UNE Mt CCMAMSSSiCN E(? E5 cArE 114411.42Y 31. ZCCO .1 ,,11, c D,tcd. 12-18-96 V% ::0-ICES MAILED i2- 18 -9=1 TC 2LN OEC231 Dealdr..: r:�t -t:rr %cwillCO A:40 %CAT tliFrAE ?IC lA --/c I l •yr t 444 L� r J Conciliation Court Jt;Dici tL DtSTalc7 TENTH Robert. W _I I....& .Qen i s e _R•_Hoke- 206.0eer__Path -5ti 11�,�ater, -MN. •55082. tx _TOwer Asphalt___ 1500.t._Hudson__Blvd.. '.vest.- Lakeland- Towns Name Tom Lawrence Title l a fat let being duly sworn says that: s /he is the above named plaintiff /p;airtiff's attorney; each defendant listed above is at Ieast 13 years old: is not now in the Military Services: defendant 4 is a resident of 4!r4 c h i nrTtnn County, State o f Feu defendant 47. is a resident of Wpeh r ncitnn County. State of MN and alleges that the defendant(s) is (are) tadcbt ?d to the plaintiff(s) in the amount of S 2978 23 plus filing fee. totaling S plu. disbursement. by re::san of the f71to,ving FACTS: DEFENDANT 3 L i 7r Pi.J.Raleich Trucking Inc P 0 Box 251 Stillwater, MN. 55082 On or aboutJune 26, 1995 pltf. suffered water and sewage damage to their building and personal property. This damage occurred to a backup of the storm drain system. The defendant's indicate this is due to man hole covers being left off but none will claim responsibility. We also, believe defendant #1 did not act properly when warned of a pendinc problem from safety systems which were in place. We feel all defendants either individually or as a whole contributed to these circumstances which created plaintiff 2's problems. Plaintiff 1 has made payment to plaintiff 2 less their deductible. ItC ,af i:L:hl• rHE atc%a ITArvisyr or CLAIM :S rAta ATJ CCA iC T TO NE Sp^ Cr 1 Aw�ji J -1 F.19_Fgl_91A9 S:ttr+ Ae THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT K=? EaY SUy.tNIONEJ to ap;xuf ut the hearing c( rite Cnti :let: ■:ue st 1:n0 o TI3l'c :4A_cn 19. 1997 S1ashin.?t'sr. Co. G r C?-tte. 14900 61ge Sr N.. art Pt.a�: Sci1.lwacer, i`LT 53082 m_ ,n Court Administratur /f)e(tuty: Failure of defendant to appear at the (tearing may result in 11 tlefuult judgment being entered for the plaintiff. anu failure of the plaintiff to appear may remit in dismis,af or the archon or a default judgment being entered in favor of the defendant on uny counterclaim chat has been :3s5t:rted. 101 L2X. _..��stsd4YSrur CPtGl�L L 1 1 )ctober 25,° 1995 .obert Hoke :06 Deer Path ►tillwater, MN 55082 3RS CRUST MEMBER: 2LAIMANT: /OCCURRENCE: )ear Mr. Hoke: ks you know, our office is handling the above captioned claim on behalf of the City of >tillwater. )ur investigation is completed and after careful consideration of your claim, we must •espectfully decline payment of your damages as we do not see any fault on the part of the 2ity for this sewer back -up. We believe the cause was due to infiltration of rainwater through nanholes at the Marine Circle construction site. The City has entered into a contract with Cower Asphalt and contained in that contract is language which states the contractor will ndemnify and hold harmless the City from all claims and damages caused by work performed )y the contractor. ['he contractor has been placed on written notice tendering this claim to them and they have urned to their insurance carrier, CNA Insurance Companies, for further investigation. I have )een in touch with that adjuster providing him with copies of your claim documentation and nformation we have gathered with regard to our theory of liability. I will be available to Warner Peterson with CNA with regard to any additional information he may need for his nvestigation. I will periodically follow up with CNA for a status of their investigation. As ;oon as CNA has completed their investigation, you will be notified. Respectfully, Darlene Boese Adjuster AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER 1- 800 -925 -1122 11009852 CITY OF STILLWATER HOKE 6 -26 -95 TDD(612)490 -9038 Fax(612)490 -0072 METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229 -3780 and on our web page at: www.metrocouncil.org Comments on Council issues can be made by electronic mail at data.center @metc.state.mn.us or by calling the Public Comment Line at 291 -6536. DATE: January 3, 1997 WEEKS OF: January 6 January 10 METROPOLITAN COUNCIL Community Development Committee- Monday, Jan. 6, noon, Room 1A. The committee will consider: public hearing on affordable and life -cycle housing goals agreements negotiated with communities participating in the Livable Communities Act Housing Incentives Account; proposed formula for distributing local planning grants; Tax Base Revitalization Account grant agreements /potentially responsible party status; report of the Core City Group; joint meeting with the Livable Communities Act Housing Task Force; and other business. Legislative Update for Metropolitan Council Members Monday, Jan. 6, 2:30 p.m., Room 1A. Finance Committee Monday, Jan. 6, 4 p.m., Room 2A. The committee will consider: approval of additional contract programming services to continue implementation and support of the New Materials Management Systems at Transit Operations; authorization for payment of 1996 salary differential to Transit Control Center supervisors; Blue Lakes Solids Handling Project; and other business. The next portion of the meeting may be closed to the public pursuant to MN Statutes 471.704, subdivision la for discussion of labor negotiation issues. The meeting will be reopened to the public following labor negotiations discussion. Litigation Review Special Committee Monday, Jan. 6, 5 p.m., Room 2A. A portion of this meeting may be closed to the public pursuant to Minnesota Statutes section 471.705, subdivision ld(e) to discuss pending or imminent litigation and attomey- client privileged matters. Land Use Advisory Committee Tuesday, Jan. 7, 8:30 a.m., Room 1E. The committee will consider: update on "notification of change in regional policy; regional planning education process 1996 year end update; and other business. Transportation Advisory Committee to the Transportation Advisory Board Wednesday, Jan. 8, 9 a.m., Chambers. The committee will consider: summary of comments and modifications to the adopted Regional Blueprint and the Transportation Policy Plan; comments on MN/DOT Transit System Plan; amendment to the 1997 -2000 YIP; comments on Minneapolis' Transit Plan and funding strategy; and other business. Core Cities Issues Work Group Wednesday, Jan. 8, noon, Dixies', 695 Grand Ave., St. Paul. Joint Meeting with Transportation Advisory Board ISTEA Programming Committee and TAC Funding and Programming Committee- Wednesday, Jan. 8, 12:30 p.m., Room 2A. The committee will consider: issues relative to the next regional project solicitation; draft solicitation schedule; TIP amendment regarding Ramsey County Regional Trail Project; and other business. Transportation Accessibility Advisory Committee Wednesday, Jan. 8, 1 p.m., Room 1A. The committee will consider: farecard TRIM unit visual modifications; Metropolitan Council 1997 legislative initiatives; 1997 legislative partnership with MPTA; Metro Mobility demand service RFP status; Metro Mobility standing order update; Metro Mobility operations report; and other business. Executive Committee Thursday, Jan. 9, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Providers Advisory Committee Thursday, Jan. 9, 10:30 a.m., Room 1A. The committee will consider: regional transit identity; city of Minneapolis Transportation Plan; and other business. Transportation Advisory Board Policy Committee Thursday, Jan. 9, 12:30 p.m., Room 1E. The committee will consider: review and discuss Minneapolis Transit Planning and Funding Strategy Report; review and discuss MN/DOT Metro Division Transportation System Plan; and other business. Metropolitan Council Thursday, Jan. 9, 4 p.m., Chambers. The Council will consider: Twin Cities Affordable Housing Network; Regional Counseling Initiatives Program RFP; authorization to close funds; authorization to close meetings of the Litigation Review Committee to discuss pending or imminent litigation involving personal injury and workers compensation claims; request to set date for public hearing to receive comments on Transit Redesign Service Plan for replacement of Route 52 to the U of M; request to set date for public hearing to receive comments on Transit Redesign Service Plan for the western suburbs; proposed Metropolitan Council bond financing for 1998 -1999 Regional Parks Capital Improvement Program; approval of additional contract programming services to continue implementation and support of the New Materials Management Systems at Transit Operations; ratification of declaration of emergency for repair of MWWTP effluent sample pump power supply; ratification of declaration of emergency for joint interceptor •Wabasha shaft repair; resolution recognizing the contributions of Jay Heffem to the Metropolitan Council; and other business. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291 -6447, (TDD 291- 0904). Call the Metro Information Line at 229 -3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF JANUARY 13 THROUGH JANUARY 17, 1997 Minnesota Regional Development Organization Monday, Jan. 13, 10 a.m., Room 1A. Transportation Committee Monday, Jan. 13, 4 p.m., Chambers. Environment Conunittee Tuesday, Jan. 14, 4 p.m., Chambers. Legislative Briefing Wednesday, Jan. 15, 4 p.m., Capitol Complex. Transportation Advisory Board Wednesday, Jan. 15, 2 p.m., Chambers. Committee of the Whole Thursday, Jan. 16, 4 p.m., Room 1A. 2 METROPOLITAN AIRPORTS COMMISSION Special Scheduled Commission Meeting Tuesday, Jan. 7, 12:30 p.m., Room 301, West Mezzanine, Lindbergh Terminal Building. The commission will consider approval of Green Concourse extension phase I and regional/commuter consolidation term sheet. Planning and Environment Committee Tuesday, Jan. 7, 1 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field. The committee will consider: January ADNE levels; final contract payments for 1995 airfield electrical construction at MSP, chiller at energy management center, Crystal Airport secured access gate system, and 1993 -1996 Part 150 Sound Insulation Program; semi -final contract payments for Visitation School sound abatement and 1996 pavement rehabilitation etc. at Flying Cloud and Crystal Airports; bids received for valet car wash; review of upcoming construction project bids; construction program status update; committee reorganization; and other business. Management and Operations Committee Wednesday, Jan. 8, 1 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field. The committee will consider: bids received for 1997 capital equipment; request to draft and issue request for proposals for public parking management; joint agency agreement regarding foreign trade zone; 1997 general adjustment to MAC compensation plan for non- organized employees; request for public hearing to amend Ordinance #79 taxicab and commercial vehicle operations; request for public hearing to amend Ordinance #75 ground rental rates; Legislative Task Force recommendations; legislative issues update; terminal contract cleaning RFP results and recommendations; November budget variance; budget issues; Jetways, Inc. at Holman Field; committee reorganization; authorization to issue an RFP for a business /conference center at MSP; federal legislative report information; commission meeting room follow -up information; former employee complaint information; and other business. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726 -8186. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting Tuesday, Jan. 7, 4 p.m., Chambers. The commission will consider: update on Southeast Regional Wastewater Treatment Plant siting process; continued discussion of draft policy regarding cellular phone /emergency radio towers on regional recreation open space land; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agendas occasionally may be changed. To verify meeting information, please call 291-6456. METROPOLITAN SPORTS FACILITIES COMMISSION Personnel Committee Tuesday, Jan. 7, 1:30 p.m., HHH Metrodome, Commission Conference Room, 900 S. 5th St., Minneapolis. The committee will consider: 1997 salary schedule; Affirmative Action Plan adoption; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Nancy Matowitz, 335 -3310. METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229 -3780 and on our web page at: www.metrocouncil.org Comments on Council issues can be made by electronic mail at data.center @metc.state.mn.us or by calling the Public Comment Line at 291 -6536. DATE: January 3, 1997 WEEKS OF: January 6 January 10 METROPOLITAN COUNCIL Community Development Committee- Monday, Jan. 6, noon, Room 1A. The committee will consider: public hearing on affordable and life -cycle housing goals agreements negotiated with communities participating in the Livable Communities Act Housing Incentives Account; proposed formula for distributing local planning grants; Tax Base Revitalization Account grant agreements /potentially responsible party status; report of the Core City Group; joint meeting with the Livable Communities Act Housing Task Force; and other business. Legislative Update for Metropolitan Council Members Monday, Jan. 6, 2:30 p.m., Room 1A. Finance Committee Monday, Jan. 6, 4 p.m., Room 2A. The committee will consider: approval of additional contract programming services to continue implementation and support of the New Materials Management Systems at Transit Operations; authorization for payment of 1996 salary differential to Transit Control Center supervisors; Blue Lakes Solids Handling Project; and other business. The next portion of the meeting may be closed to the public pursuant to MN Statutes 471.704, subdivision la for discussion of labor negotiation issues. The meeting will be reopened to the public following labor negotiations discussion. Litigation Review Special Committee Monday, Jan. 6, 5 p.m., Room 2A. A portion of this meeting may be closed to the public pursuant to Minnesota Statutes section 471.705, subdivision ld(e) to discuss pending or imminent litigation and attomey -client privileged matters. Land Use Advisory Committee Tuesday, Jan. 7, 8:30 a.m., Room 1E. The committee will consider: update on "notification of change in regional policy; regional planning education process 1996 year end update; and other business. Transportation Advisory Committee to the Transportation Advisory Board Wednesday, Jan. 8, 9 a.m., Chambers. The committee will consider: summary of comments and modifications to the adopted Regional Blueprint and the Transportation Policy Plan; comments on MN/DOT Transit System Plan; amendment to the 1997 -2000 TIP; comments on Minneapolis' Transit Plan and funding strategy; and other business. Core Cities Issues Work Group Wednesday, Jan. 8, noon, Dixies', 695 Grand Ave., St. Paul. Joint Meeting with Transportation Advisory Board ISTEA Programming Committee and TAC Funding and Programming Committee Wednesday, Jan. 8, 12:30 p.m., Room 2A. The committee will consider: issues relative to the next regional project solicitation; draft solicitation schedule; TIP amendment regarding Ramsey County Regional Trail Project; and other business. Transportation Accessibility Advisory Conunittee Wednesday, Jan. 8, 1 p.m., Room 1A. The committee will consider: farecard TRIM unit visual modifications; Metropolitan Council 1997 legislative initiatives; 1997 legislative partnership with MPTA; Metro Mobility demand service RFP status; Metro Mobility standing order update; Metro Mobility operations report; and other business. Executive Committee Thursday, Jan. 9, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Providers Advisory Committee Thursday, Jan. 9, 10:30 a.m., Room 1A. The committee will consider: regional transit identity; city of Minneapolis Transportation Plan; and other business. Transportation Advisory Board Policy Committee Thursday, Jan. 9, 12:30 p.m., Room 1E. The committee will consider: review and discuss Minneapolis Transit Planning and Funding Strategy Report; review and discuss MN/DOT Metro Division Transportation System Plan; and other business. Metropolitan Council Thursday, Jan. 9, 4 p.m., Chambers. The Council will consider: Twin Cities Affordable Housing Network; Regional Counseling Initiatives Program RFP; authorization to close funds; authorization to close meetings of the Litigation Review Committee to discuss pending or imminent litigation involving personal injury and workers compensation claims; request to set date for public hearing to receive comments on Transit Redesign Service Plan for replacement of Route 52 to the U of M; request to set date for public hearing to receive comments on Transit Redesign Service Plan for the western suburbs; proposed Metropolitan Council bond financing for 1998 -1999 Regional Parks Capital Improvement Program; approval of additional contract programming services to continue implementation and support of the New Materials Management Systems at Transit Operations; ratification of declaration of emergency for repair of MWWTP effluent sample pump power supply; ratification of declaration of emergency for joint interceptor Wabasha shaft repair; resolution recognizing the contributions of Jay Heffem to the Metropolitan Council; and other business. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291 -6447, (TDD 291- 0904). Call the Metro Information Line at 229 -3780 for news of Council actions and corning meetings. TENTATIVE MEETINGS THE WEEK OF JANUARY 13 THROUGH JANUARY 17, 1997 Minnesota Regional Development Organization Monday, Jan. 13, 10 a.m., Room 1A. Transportation Committee Monday, Jan. 13, 4 p.m., Chambers. Environment Committee Tuesday, Jan. 14, 4 p.m., Chambers. Legislative Briefing Wednesday, Jan. 15, 4 p.m., Capitol Complex. Transportation Advisory Board Wednesday, Jan. 15, 2 p.m., Chambers. Committee of the Whole Thursday, Jan. 16, 4 p.m., Room 1A. 2 or METROPOLITAN AIRPORTS COMMISSION Special Scheduled Commission Meeting Tuesday, Jan. 7, 12:30 p.m., Room 301, West Mezzanine, Lindbergh Terminal Building. The commission will consider approval of Green Concourse extension phase I and regional/commuter consolidation term sheet. Planning and Environment Committee Tuesday, Jan. 7, 1 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold- Chamberlain Field. The committee will consider: January ADNE levels; final contract payments for 1995 airfield electrical construction at MSP, chiller at energy management center, Crystal Airport secured access gate system, and 1993 -1996 Part 150 Sound Insulation Program; semi -final contract payments for Visitation School sound abatement and 1996 pavement rehabilitation etc. at Flying Cloud and Crystal Airports; bids received for valet car wash; review of upcoming construction project bids; construction program status update; committee reorganization; and other business. Management and Operations Committee Wednesday, Jan. 8, 1 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field. The committee will consider: bids received for 1997 capital equipment; request to draft and issue request for proposals for public parking management; joint agency agreement regarding foreign trade zone; 1997 general adjustment to MAC compensation plan for non organized employees; request for public hearing to amend Ordinance #79 taxicab and commercial vehicle operations; request for public hearing to amend Ordinance #75 ground rental rates; Legislative Task Force recommendations; legislative issues update; terminal contract cleaning RFP results and recommendations; November budget variance; budget issues; Jetways, Inc. at Holman Field; committee reorganization; authorization to issue an RFP for a business /conference center at MSP; federal legislative report information; commission meeting room follow -up information; former employee complaint information; and other business. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726 -8186. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting Tuesday, Jan. 7, 4 p.m., Chambers. The commission will consider: update on Southeast Regional Wastewater Treatment Plant siting process; continued discussion of draft policy regarding cellular phone /emergency radio towers on regional recreation open space land; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agendas occasionally may be changed. To verify meeting information, please call 291 -6456. METROPOLITAN SPORTS FACILITIES COMMISSION Personnel Committee Tuesday, Jan. 7, 1:30 p.m., HHH Metrodome, Commission Conference Room, 900 S. 5th St., Minneapolis. The committee will consider: 1997 salary schedule; Affirmative Action Plan adoption; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Nancy Matowitz, 335 -3310. Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes December 2, 1996 Members: Doeksen, Gorski, Kalinoff Lockyear, Maybanks, Myers, Nelson, Ruch, Sandeen*. Director: Bertalmio. *Absent 1. CaII to order: A quorum being present, President Ruch called the meeting to order at 7:03 p.m. 2. Adoption of the Agenda: Agreed to adopt the agenda. Moved by Lockyear /seconded by Nelson. 3. Consent Calendar: Maybanks moved /Myers seconded to adopt the consent calendar including payment of bills in the amount $15,217.72. Unanimously approved. 4. Old Business: A. There will be a reception at Ruchs on January 23 to honor the outgoing members. B. The Executive Committee will interview Board candidates before the January meeting. C. Lockyear and Myers will attend the Truth in Taxation Hearing Dec. 3 D. Gorski moved /Lockyear seconded motion to adopt the Endowment Fund approach for our centennial year. Bertalmio will draft an endowment statement. E. Lockyear moved /Myers seconded motion to use $2,600.00 of the Paulson Bequest to fund a Centennial EventS Coordinator; the actual division of tasks between volunteers and the paid coordinator will be left to Bertalmio. e Page 2 5. New Business: A. We will invite the City Council to tour the Library (possibly in February) and we will focus on the Centennial year (The St. Croix Collection and the Reference Collection.) B. The Executive Committee will do the Director's evaluation in January. C. The exempt salaries discussion is tabled until January. D. The group brainstormed ideas for the Facilities Committee; the discussion centered around functions at a possible branch library. E. Doeksen moved /Gorski seconded motion to be the fiscal agent for the grant for the "Taken in Song" program for 1997. F. Discussion was held regarding a format for Board meetings. The issue is: should this be a time of discussion or a time of decision. We plan to combine some committee work with the meeting of the whole Board. Gorski moved /Maybanks seconded motion to adopt the format of dividing the meeting into Action Items and Discussion Items with referral to committee options. G. The Public Relations Committee suggests that the comments in the "suggestion box" form the public commentary at Board meetings. 6. Committee Reports A. The Collection Committee reported on the children's collection. B. The Centennial Committee will prepare a yearly calendar. C. The Library/School Library Committee felt that the meetings held last fall were successful and provide some focus areas for the future. 7. Adjournment: Agenda items being completed and there being no other business, President Ruch adjourned the meeting at 8:55 p.m. A TH fi 1 L McKusick Rd -3 L 72nd St N CR1 t min 6'_nd LSt N Stillwater Annexation Area Alternative Urban Areawide Review (AUAR) Scoping Document J ut \L 1`1 i L 71!:11_10[1] itEJOTEILIDLIOET :0171MM®t:: IA Inc (jE ®r tJ._,U[lr'L 7L1L1 isa 04--cte4 9 7 MMNMWMM MMMIren mk Prepared for The City of Stillwater Prepared by Dahlgren, Shardlow, and Uban, Inc. Bonestroo, Rosene, Anderlik and Associates, Inc. Northern Environmental Technologies, Inc. January 2, 1997 r r r 1 1 Stillwater Annexation Area Alternative Urban Areawide Review (AUAR) Scoping Document Prepared for The City of Stillwater Prepared by Dahlgren, Shardlow, and Uban, Inc. Bonestroo, Rosene, Anderlik and Associates, Inc. Northern Environmental Technologies, Inc. January 2, 1997 Note to Reviewers This is a scoping document for an Alternative Urban Areawide Review (AUAR), using the form typical for an EAW. Comments on this scoping document are requested within a 30 -day comment period, just as for an EAW. A Draft AUAR will be prepared based largely on the responses to issues raised in this document. There will be notice in the EQB Monitor and another 30 -day comment period for the Draft AUAR and Mitigation Plan. A Final AUAR and Mitigation Plan will be prepared and distributed for final review. Comments on this scoping document should be submitted to the City of Stillwater (see item 3) during the 30 -day comment period following notice in the EQB Monitor. (Contact the City or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, and potential impacts that may warrant further investigation. Since an AUAR will be prepared, there is no need to comment on the need for an EIS. 1. Project Title 2 Proposer Phone 3. RGU Stillwater Annexation Area Alternative Urban Areawide Review (AUAR) Scoping Document Contact person Address Contact person Address Phone Stillwater Annexation Area City of Stillwater Klayton Eckles, P.E., City Engineer 216 N. Fourth Street Stillwater, MN 55082 612/439 -6121 Fax 612/439 -0456 City of Stillwater Klayton Eckles, P.E., City Engineer 216 N. Fourth Street Stillwater, MN 55082 612/439 -6121 Fax 612/439 -0456 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 4. Reason for EA W Preparation (technically not applicable to A UAR) This is a Scoping Document for an ADAR. The EQB Rules would require an EIS for this project area under the following category numbers: · 4410.4400 Subp. 11. Industrial, Commercial and Institutional Facilities: A.: 750,000 square feet of warehouse or light industrial is the threshold for a 3rd class city (by population) such as Stillwater. B.: 500,000 square feet of other industrial, commercial or institutional uses is the threshold for a 3rd class city such as Stillwater. The Annexation Area is likely to have over 1,000,000 square feet of these uses at full development. · 4410.4400 Subp. 14. Residential Development A.(4): 1,000 unattached units (single family) or 1,500 attached units (townhouse, apartment, etc.) is the threshold for a city in the metropolitan area with an adopted comp plan, such as Stillwater. The Annexation Area is likely to have about 1,270 new unattached units at full development. 5. Project Location Sections (all or portion): 19,20,29,30,31,32; Township 30N, Range 20W County: Washington City/Township: City of Stillwater Attach copies of each of the following to the EA W: a. copy(ies) of USGS 7.5 minute, 1:24:000 scale map (photocopy is OK) indicating the project boundaries; b. maps of the following: 1) a map clearly depicting the boundaries of the AUAR and any subdistricts used in the A UAR analysis 2) land use and planning and zoning maps as required in conjunction with items 9 and 28; and 3) a cover type map as required by item 11. Additional maps may be included throughout the document wherever maps are useful for displaying relevant information. The maps listed below are included at the appropriate section of this document. 2 . . . . . . . .1 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document Janumy 2, 1997 · Figure 1. Project Location: A map indicating the project location and its regional context. · Figure 2. Project Boundaries: A map depicting the project boundary of the Stillwater Annexation Area. · Figure 3. Existing Zoning: A map showing current zoning in and around the Stillwater Annexation Area. · Figure 4. Existing Land Use: A map showing current land use in and around the Stillwater Annexation Area. · Figure 5. Proposed Land Use: A map showing proposed land use in the Stillwater Annexation Area. 6. Description For each major development scenario covered in the A UAR, a description should include at least the following: a. anticipated types and intensity (density) of residential and commercial/warehouse/light industrial development throughout the A UAR area; The AUAR will analyze one development scenario, the Proposed Land Use Plan adopted by the City for the Annexation Area in the 1995 Comprehensive Plan. The AUAR will use a maximum, or "worst case", assumptions for land use densities and intensities. The proposed land use from the City's Comprehensive Plan is as follows: TABLE 6-1 PROPOSED RESIDENTIAL USES IN THE ANNEXATION AREA Residential Net Number of Uses Acres Density * Units Single Family Large Lot 475 2 u/a 475 Small Lot 202 4 u/a 605 Attached 27 6 u/a 190 Multifamily 0 15 u/a 0 Total 705 1.8 u/a (avg) 1,270 Source: City of Stillwater Comprehensive Plan (I995-2020), 1995, Figure 9, page 3-4 * Net ofwetIands, road right-of-way 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STILLWATER ANNEXATION AREA AUAR SCOPING DOCUMENT - '. 91 '. 00 " . 0;': - - Existing City Limits - Annexation Area Figure 2 Project Boundaries January 2, 1997 . . .! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ .~ . . . . . . . . . . . . . -8 ANNEXATION AREA ZONING MAP Zoning Classifications: o AP - Agricultural Preserve D RA - One Family D RB - Two Family. . 1'.,,,1 RCM - Medium Density Family _ CA - General Commercial . _ BP-C - Business Park Commercial [::::J BP-O - Business Park Office. c:J BP-I - Business Park Industrral CJ CRD - Campus Research & Development D Right-of-Way D Water N Creeks/Ditches . Parcel Lines Section Lines . n. _".~__ ---_._~-_..- '-~'''' '. - '-' '. - .... 500 1000 1500 2000 2500 3000 ,.!. Feel ~, ~. -.I.IJ.......'.::../ 62nd ICJ -- I I TH 36 tf . I , = I ( n fF-i Figure 3 January 2, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~w 11I1- "'(3 CC;s !z ..::5 _a.. 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IJ) cc3 >- 0 o 15 3f I- 0, ~ -< 1: Cl >- ii2 1: ~ Vi Q) .... en '" Q) ~ o ...J ~ o d o t w o 0.::1- w~ ~~ ~o ....I ...J - W 1:;;> w U.O o~ 1:- _Z U:J ~ ~ o u t-.. -.i- "<t Il'I .0 u c "<:t Q) "- ::J Cl u: ",' 'v :.c a. o .... tD o E "<t Q) 0- o 0- :::::: ~ ~ 0)....... c '0. D- o ~ 1: Cl .;;; c " 15 Vi --z=- ~ 8 :fl a; .. u- S. ~ .. .... 0> 01 ~ u '" ~ '" ,.. Oi " c: 0 .. .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ............ ~~. I I' ...-.. i I I ; I Q. II 2: CD z (I) ~ ::> A- lii " ~ C III II ~ ...I III II: " l CD o (I) u 0 Q. 2 a. ~~~~~~~~~~~~~~~~~~~~~~~~ ~9~!9~9~~~~~~!~!5~~5~~ .! ON ~ ~ ~~~~~~~:~~~~~~~~~~~~~~J~ ~;~~~~~~~~~~~~M~hE~~~~i~ .. i I I ~ .. I !!-",-... ~~~ .. ...:,,311 ~E E 8~ I U]~ d~~~]u ~~, i jff~"'~~II~I.. l~~. ~ I ~~~HU n! ~~h .8 ~~~~h"*.. ~~~~~~~~J~Jj~!I~J8!j~~~~ !1:':l.!II.::"....:J..III...:-.US _ E ..~~~~~~~~~~~~~~~~ !;I~~~~~~O\1'~~~~'""!~g:;~[.::: ~~~~~d.da~Q~m~O~~ ~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~ ~ !~~~~ .. 1 .. c o .. '" · ~,i! ! !l.'l"'" ~ ~~j]~hl l-s j~B>.f]cU) ]~~"tj I) ~ MI!~iliffll~tlr'.. ~]!r~~~s~~88~t~~~ ~-:.:;:;lIi;Ir:.;g;.ill...T"iLl ~ i JS .!J ~ ~.~ ;~-; 5 ...~ ::15 c If'~ ~ e 0.]; .. .ll. <::<;<;.> to a.> '- :J OJ u::: z-t I I I' I I . ]! ! ~~ , = ~ I j- , il , f I . I ~ 11 a j ~ . e . !l~~~ "1~ !l :!~~ I~H o..H::!<: )~~~ O~<)~ i , I I i ,<( W ill: 1<( Its I~ w IZ Z 1<( , I I I '-0 .. '" :r: E- '----- o 1 )l oS e. C' Ff I, -r . I I n ~ <;1 ~J ... Ol Ol n N >- :;; " c '" , ..., I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 TABLE 6-2 PROPOSED NON-RESIDENTIAL USES IN THE ANNEXATION AREA Non-residential Uses Commercial Business Park Elementary School Acres 6 65 7 Densitv 0.2 FAR 0.3 FAR Square Feet 54,000 849,000 100,000 TOTAL 79 1,053,000 Source: City of Stillwater Comprehensive Plan (1995-2020), 1995, and Stillwater City staff b. infrastructure planned to serve the development (roads, sewers, water, storm water system, etc.) Roadways intended primarily to serve the adjoining land uses within an A UAR area are normally expected to be as part of an AUAR. More "arterial" types of roadways that would cross an A UAR area are an optional inclusion in the A UAR analysis; if they are to be included, a more intensive level of review, generally including an analysis of alternative routes, is necessary; Roadways. Roadway improvements will be necessary to improve the present lack of north-south street continuity. The only north-south thru-road is County Road 15 (a minor arterial) which forms the western boundary of the annexation area. It is anticipated that a four-lane arterial would be required to handle the anticipated traffic from development outside and activities inside the annexation area. Three upgraded, east-west, minor arterial routes are anticipated in the Proposed Land Use Plan (Figure 5): McKusick Road, CR 12 and CR 5. The regional roadway system will need improvements at the interchanges. The Stillwater Comp Plan proposes an east-west frontage road providing a connection of CR 15 and CR 5 on the north side of Highway 36. This will improve accessibility and improve operation of the Highway 36 intersections in this vicinity. The traffic analysis, completed by Washington County and the City of Stillwater as part of its comprehensive plan, will be reviewed as part ofthis AUAR. Using traffic volume projections and development scenarios, an analysis of the service levels will be calculated for the future roadway system. Recommendations will be developed to mitigate areas that will experience a significant deterioration of service levels. Sanitary Sewer. Significant additional sanitary sewer will be needed to serve the development anticipated in the Proposed Land Use Plan. The City of Stillwater is currently doing a feasibility study of the annexation area's wastewater needs. A summary and analysis of the proposed sanitary sewer system will be included in the AUAR. The AUAR will also identify impacts of the proposed trunk line routes and will recommend route adjustments or mitigation. Water. Development in the annexed area will require additional municipal wells to serve the development anticipated in the Proposed Land Use Plan. This AUAR will review the City's forecasted 9 . . . . . . . . . i. . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 water demands within the annexation area found in its comprehensive plan. A quantitative groundwater analysis of the annexation area to predict the direct and indirect effects of additional pumping on groundwater levels will be performed. The groundwater analysis will help the City with selecting a well site and related infrastructure planning. Stormwater. Significant additional stormwater infrastructure will be needed to serve the development anticipated in the Proposed Land Use Plan. A study of surface water detention/infiltration ponds and a conveyance system that alleviates flooding (specifically Long Lake) while protecting the existing natural resources, in particular Brown's Creek, will be included in the AUAR. c. information about the anticipated staging of various developments, to the extent known, and of the infrastructure, and how the infrastructure staging will influence the development schedule. It is assumed that the area would develop according to the designations in the Proposed Land Use Plan over the next 15 to 20 years. The effect on needed infrastructure improvements to serve this development has already been analyzed to a large extent in the City's Comprehensive Plan. These issues will be presented and analyzed in more detail in the AUAR. Note: the RGU must assure that the development described complies with the requirements of 4410.3610, subpart 3, and that it properly orders the A UAR and sets the description in that as order as required by that section. The City of Stillwater has an approved comprehensive plan as required by the referenced rules. At the completion of the scoping process, which is anticipated to be in March, 1997, the Stillwater City Council will adopt an official resolution ordering the AUAR as required by the EQB Rules. Provide a 50 or fewer word abstract for in EQB Monitor notice: The City of Stillwater is preparing a Scoping Document (similar to an EA W) prior to an AUAR for the 1,800-acre Annexation Area on the City's west side'. The area is planned to develop with predominantly residential uses, but also with some business park and neighborhood commercial uses. 7. Project Magnitude Data The cumulative totals of the parameters calledfor should be givenfor each major development scenario. One development scenario will be analyzed in the AUAR: the Proposed Land Use Plan in the City's adopted Comprehensive Plan. The following numbers are from the Comprehensive Plan for the Urban, Rural Transition Planning Area (UR TP A), which is the same as the "Annexation Area" as it is called in this report. The total numbers under the Proposed Land Use Plan are compared to the existing land use numbers to arrive at the total development under the proposed development scenario: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Documellt January 2, 1997 · Total Project Area (acres): 1,837 acres (Source: Proposed Land Use Map, City of Stillwater Comprehensive Plan, 1995) . Number of Residential Units: Unit Type Existing Pro Dosed Total Future Unattached 203 units 1,080 units 1,283 units Attached o units 190 units 190 units TOTAL 203 units 1,270 units 1,473 units (Sources: Existing - 1990 U.S. Census; Proposed - Figure 9, p. 3-4, City of Stillwater Comprehensive Plan, 1995) · CommerciallIndustrial/Institutional Building Area: There are 65 acres of land guided for "research and development business park office (industrial)" and 6.2 acres guided for Neighborhood Commercial in the Annexation Area. We assume the business park acreage will develop with 30% building coverage and the commercial at 20% building coverage. There is a new elementary school proposed in the Annexation Area, an institutional use which will be about 100,000 square feet in size. This yields the following numbers: CommerciallIndustriallInstitutional Building Area (gross floor space): Business Park Neighborhood Commercial Institutional 849,000 sq. ft. 54,000 sq. ft. 100,000 sq. ft. TOTAL 1,053,000 sq. ft. We assume the Business Park development is divided according to the following percentages. These are generalized assumptions only and the marketplace will determine how the area will actually develop, within the guidance and standards of the Comprehensive Plan and Zoning Ordinance. Use Office Manufacturing Warehouse Light Industrial Other Industrial Portion of Business Park 40% 10% 20% 20% 10% 11 . . . . I I '. . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 The above assumptions yield the following total future land use development numbers: Retail (see below): Office: Manufacturing * : Warehouse: Light Industrial: Other Industrial: Institutional *: Agricultural *: 54,000 sq ft 340,000 sq ft 85,000 sq ft 170,000 sq ft 170,000 sq ft 85,000 sq ft 100,000 sq ft o sq ft TOTAL 1,053,000 sq ft * optional to include areas for these (from EQB comments) There are seven acres of existing commercial development in the Annexation Area, which is a nursery business in the northeast comer of Highway 36 and Manning Avenue (County Road 15). According to the Proposal Land Use Plan, this area will be redeveloped as part of the business park. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area 8. Unit of Government A UAR Scoping Document January 2, 1997 Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required. A list of major approvals likely to be required by the . anticipated types of development projects should be given. This list will help orient reviewers to the idea that the A UAR process is only one piece of the regulatory framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the A UAR. TABLE 8-1 REQUIRED PERMITS Tvve of Avvlication City of Stillwater/Joint Planning Board Minnesota Pollution Control Agency Washington County SWCD Browns Creek WMO U.S. Army Corps of Engineers Minnesota Department of Health Minnesota Department of Natural Resources Metropolitan Council City of Stillwater 9. Subdivision (Plat) Approval, Planned Unit Development (PUD) Permit Grading Permits, Sewer Connection Permits, Water Connection Permits, Building Permits, Wetland Mitigation Permits Air Emission Facility Permits, Indirect Source Permit (ISP), 40 I Grading Permit, Storm Water Permit, Sanitary Sewer Permit, Wastewater Permit Grading, Erosion Control, Wetland Permits Grading, Erosion Control, Wetland Permits Wetland Permit Water Main Plan Review Water Appropriation Permit MUSA Expansion Permit . Land Use Describe the current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. IdentifY any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. Item 9 is not needed for an A UAR, but can be covered by Items 20 and 28. (See items 20 and 28) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 10. Cover Types The following information should be provided: a. a cover type maD. at least at the scale of a USGS topographic map, depicting: · wetlands - identified by type (Circular 39) · watercourses - rivers, streams, creeks, ditches · lakes - identify protected water status and shoreland management classification · woodlands - identify native and old filed · cropland · current development b. an "overlay" map showing anticipated development in relation to the cover types; this map should also depict any ''protection areas", existing or proposed, that will preserve sensitive cover types. Separate maps for each major development scenario should generally be provided. The following generalized breakdown of cover types before and after annexation is shown below. The locations of these Before cover types is shown in Figure 6, attached. TABLE 10-1 COVER TYPES Before Types 2 to 8 Wetlands 267 Wooded/Forest 149 Brush/Grassland 563 Cropland 541 After 267 90 85 o Before Urban/Suburban Lawn 183 Landscaping 77 Impervious Surface 70 Other (golf course) 50 After 979 178 251 50 As part of the AUAR, a cover type map at a scale of l-inch:200-feet in electric format will be prepared depicting natural features, wildlife habitat, hydrology and land use. Aerial photo interpretation of these features within the AUAR will be conducted using 1994 infrared aerial photography. These features will be mapped and ground verified and where necessary, field inspected to verify cover type composition and condition. A legend will be provided defining all features shown on the cover type map. Specific features to be shown on the cover type map for the AUAR include: Wetlands - Wetlands will be identified from the following sources; National Wetlands Inventory, DNR Protected Waters Inventory and the Washington County Soil Survey showing hydric soils. The wetlands will be classified according to the Cowardin and Circular 39 classification methods. Lakes - All lakes shown in the DNR Protected Waters Inventory will be shown. The shoreland classification for all lakes will be shown in accordance with the City of Stillwater Shoreland Management Ordinance. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <( WI- ~z .i!l <(w '8 z:2: '" Q.) ;.:J Q::l .... I-U <t: 0 s::: <(0 0 iJ ><0 .~ 0.0 ~C) - x "3 Q.) 2 Vl ZZ 7 /. ~ .;< <(0: .J ~ <t: U-l .... ~ ~O - ,- -'" I I .- WU I-CI) .J '- ;J, = ~ ~~ -1<( -I::l -<( I- CI) <0 ~ ::l Cl u:: ~ Z.~ ~ t"- 0\ 0\ ...... ('1 >, ..... C';l ::l s::: C';l ....., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 Watercourses - All streams, ditches and water courses shown in the DNR Protected Waters Inventory will be included. The shoreland classification for all watercourses will be shown in accordance with the City of Stillwater Shoreland Management Ordinance. Other watercourses identified from aerial photo interpretation will be mapped as they are identified. Natural Communities - Forest, woodland, prairie and wetland natural communities will be identified on color infrared aerial photography and field inventoried. The species composition of dominant tree, shrub, grass and forb species will be determined within each natural community. A grade indicating the relative condition of each natural community will be determined. The inventory, classification and grading of natural communities will be done in accordance with Minnesota's Native Vegetation: A Key To Natural Communities (Minnesota DNR Natural Heritage Program, 1993) and Element Occurrence Ranking Guidelines from the Minnesota DNR, Natural Heritage Program. A Natural Community is defined as a group of native plants and animals that interact with each other and their abiotic habitats with minimal modification by humans or non-native species. Natural communities are classified and described by considering vegetation, successional status, topography, hydrology, land forms, substrate, soils and natural disturbance regimes. Cropland - All areas of the AUAR presently or potentially used as cropland will be identified. The NRCS and Washington County SWcD will be consulted to determine the relative qualities of cropland. Watershed Drainage Areas - Watershed drainage areas will be determined from The Brown's Creek WMO and topographic maps of the AUAR Stillwater Comprehensive Plan Items - Natural setting locations, special study areas, open space inventory sites, restrictive soils, city linear and county trail plans and neighborhood boundaries will all be shown on the cover type map. 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. The description of wildlife and fish resources should be related to the habitat types depicted on the cover type maps (of item 10). Any differences in impacts between development scenarios should be highlighted in the discussion. FISHERIES Brown's Creek. The most important fisheries resource in the annexation area is Brown's Creek which contains a brown trout (Salmo trutta) fishery in its lower reaches. The DNR has classified Brown's Creek as a designated trout water from the north boundary of Section 12, T30N, R21 W (Grant Township), downstream to the S1. Croix River. This reach of designated trout water includes all 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 sections of Brown's Creek within the annexation area as well as all portions of Brown's Creek downstream to the St. Croix River. Minnesota Statutes also classify tributaries to trout streams as designated trout waters. Therefore, additional water courses within the annexation area (including portions of the tributary connecting Long Lake to Brown's Creek) may be classified as trout waters by the DNR. Within Brown's Creek, the best quality trout fisheries occurs just upstream of the stone bridge(County Road #5), downstream to Highway 95. Within this lower reach, Brown's Creek cuts a deep narrow gorge through St. Peter sandstone and dolomite. Numerous springs emerge from seepage areas, cooling the water and making it suitable for trout habitat. This lower reach is stocked annually with 800 yearling brown trout. According to Dave Zappetillo, DNR Fisheries Manager, most of these trout are captured by fisherman soon after stocking with a small number surviving into the following season. Based on fisheries surveys, there does not appear to be significant natural reproduction in Brown's Creek, although ripe males and females with eggs have been collected during fisheries surveys. Other fish species present in the lower reach of Brown's Creek include creek chub (Semotilus atromaculatus), fathead minnow (Pimephales promelas), brook stickleback (Culaea inconstans), pearl dace (Semotilus margarita) and longnose dace (Rhinichthys cataractae). The upper portions of Brown's Creek (above County Road #5) is considered marginal trout habitat by DNR fisheries. The summer time water temperatures in this upper reach are likely too warm to sustain populations of trout except for brief periods early and late in the season when stream temperatures are lower. During fish surveys of the upper portion, no trout were documented, although a good diversity of other fish species have been documented during surveys. Many ofthe small minnow-like fish listed for the lower portions of Brown's Creek and additional species such as central mudminnow (Umbra limi) and green sunfish (Lepomis cyanellus) have been identified. The DNR does not stock or actively manage the upper portion of Brown's Creek. Recreational Fishing Uses of Brown's Creek. According to the DNR, Brown's Creek is an important recreational fishing resource. Within the lower section of Brown's Creek, fishing pressure is intense early in the season and tapers off as the season progresses. A Creel Census of fisherman indicated that a large portion ofthe fish caught were fish recently stocked. A small number of fish do survive, however, giving anglers opportunities to catch wild trout, which offer a much greater challenge than the more recently stocked fish. To improve access for fisherman and facilitate protection and management of the lower portion of Brown's Creek, fee title and easements have been obtained for all but two properties from the Highway 95 bridge upstream to the stone bridge. Potential Impacts to Brown's Creek. Increased runoff resulting from additional impervious surface area is the greatest threat to the Brown's Creek fisheries. Increased runoff has the potential to impact Brown's Creek in terms of both water quality and quantity. Water quality impacts include both thermal and biochemical impacts. Thermal impacts result from increased stream temperatures due to greater volumes of warm runoff in proportion to cool groundwater discharge sources. Thermal impacts could also result from activities that reduce groundwater recharge or intercept groundwater sources (e.g., construction dewatering, municipal wells) supplying the springs and seepage areas along Brown's Creek. These impacts are particularly important in Brown's Creek, where summertime stream 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 temperatures may already approach the upper threshold for adult brown trout. Biochemical impacts include nutrient loading, suspended solids, sedimentation and toxic substances. Water quantity impacts include increased flow rates and volumes. These impacts have the potential to physically flush trout out of Brown's Creek into the St. Croix River, where it is unlikely trout will survive or return to Brown's Creek. Higher flow rates and volumes also have the potential to increase bank scour and sedimentation, resulting in destruction and/or degradation of trout habitat. The AUAR will examine potential water quantity and quality impacts through the use of existing information and where appropriate, hydrologic and thermal modeling. Item 18 identifies a number of different mitigative measures to be considered in the AUAR. These mitigative measures will focus on three primary areas: 1. Stormwater management that emphasizes reduction of storm water runoff at the source through infiltration, vegetation retention (to preserve and/or enhancement of evapo- transpiration) and minimizing impervious surfaces within residential and/or commercial development areas. 2. Protecting and enhancing in-stream and riparian trout stream habitat, including vegetative buffers, groundwater discharge areas, pools, riffles, and other critical components of trout habitat. This approach may recommend creating a continuous stream corridor to protect Brown's Creek. 3. Diverting stormwater to alternate drainage (e.g., McKusick Lake), reducing the rate and volume of stormwater discharge to Brown's Creek. It should be noted that the annexation area comprises only 10 percent of the Brown's Creek watershed, requiring that responsibility for the management and protection of Brown's Creek be shared proportionately with other local units of government in the Brown's Creek Watershed. Long Lake, McKusick Lake, South Twin Lakes. These lakes are all located within, or receive direct drainage from, the annexatio.p. area. The DNR classifies South Twin and Long Lake as winter kill lakes or "boom-bust fisheries," with the potential for good game fish populations to occur when several years pass without significant winter kill. Winter kill occurs on these lakes due to their shallow depth and lack of flow through. These conditions result in oxygen depletion and game fish mortality during severe winters. Game fish populations in these lakes are dominated by black crappie (Pomoxis nigromaculatus), sunfish (Pomoxis spp.), northern pike (Esox lucius) and bullheads (Ictalurus spp.). McKusick Lake is classed as a waterfowl lake by the DNR and is too shallow to support game fish populations. Potential impacts from the annexation area to these lakes is primarily from stormwater runoff. Phosphorus loading into these lakes during the year's ice-free period has the potential to increase algae growth and boost oxygen demand through greater decomposition during the critical winter months. The AUAR will examine these potential impacts and develop strategies, including those outlined for Brown's Creek and under items 12 and 18 of this scoping document. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 WILDLIFE: Diverse and abundant wildlife is dependant on the composition, quality and connectivity of natural communities including forest, woodlands, wetlands and lakes. As Figure 6 shows, the majority of these natural communities, and hence wildlife habitat areas, are connected or adjacent to Brown's Creek, Long Lake or the tributary between them. Linking these areas to the St. Croix River Valley via the lower valley of Brown's Creek serves as a potential corridor for a variety of insects, birds, mammals, reptiles and amphibians. Some wildlife species, such as the Louisiana water thrush (Seiurus motacilla), a state listed special concern species, have very specialized habitat requirements and are easily impacted by development. Other species, such as white-tail deer (Odocoileus virginianus) are very adaptable and capable of surviving changes brought on by urban development. The AUAR will examine in greater detail what wildlife resources are present and probable impacts to wildlife populations. Since many of the strategies identified for protection of the Brown's Creek fisheries also benefit wildlife habitat, these strategies will be considered as mitigative measures for wildlife impacts. b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial wdterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? X Yes No Within the lower one mile of Brown's Creek in the N 1/2 Sections 20 and 21, T30N, R20W, is a biologically significant ravine/creek system. Three natural communities occur within this system including high-quality maple-basswood forest (element occurrence #4), mixed hardwood swamp (element occurrence #5) and moderate quality bluff prairie (element occurrence #124). The Louisiana water thrush (Seiurus motacilla), a special concern species is also documented from this area. While all of these rare feature elements occur outside the annexation area, potential impacts from stormwater discharges to Brown's Creek could occur. The Louisiana water thrush is particularly sensitive to increased flows from storm water because the bird nests and feeds along the stream bank not far above the stream's normal water level. Increased flows may inundate nesting and/or critical feeding areas. An additional natural community of concern is an oak forest located along the west shore of Long Lake in the West 1/2 of Section 31, T30N, R20W. This oak forest community was identified during the Washington County Biological Survey and is shown on the countywide map ofrare features. As part of the AUAR, these and any other rare features identified within or adjacent to the annexation area will be field verified to confirm their present condition and extent. Measures to avoid or mitigate impacts to these features will then be identified. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Documeflf January 2, 1997 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? X Yes No If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation to minimize impacts. The potential direct and indirect impacts of development to lakes, wetlands and streams within the annexation area will be assessed. This includes potential impacts to the immediate watershed and downstream watersheds. Of particular interest is future lake levels in Long Lake and the Brown's Creek trout fishery. Surface water flows in to and out of all the lakes, wetlands and streams under fully developed conditions will be analyzed with the help of the City's hydrologic study. The potential environmental impacts of possible alterations (developed separately by the City) to the Long Lake operational plan to alleviate flooding problems will be assessed. Impacts to area water bodies due to the changing volume and character of storm water runoff will be assessed. The potential for increased erosion and sedimentation to area water bodies will be studied and mitigative measures to reduce these impacts will be proposed. Of particular interest are the potential effects to the trout fishery of Brown's Creek and how these effects can be mitigated. Some of the mitigation measures that will be reviewed include infiltration, reduced imperviousness, stormwater diversion, riparian restoration and preservation. 13. Water Use a. Will the project involve the installation or abandonment of any wells? X Yes No For abandoned wells give the location and unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number (ifknown). Development of the project area would require the installation of an additional municipal well and a water tower. The location is still tentative but would likely be about one-half mile east of the intersection of County Highways 15 and 12 in section 30. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 Development of the project area would likely involve the abandonment and permanent sealing of several water supply wells used for domestic purposes. Development may also result in the abandonment and permanent sealing of a number of monitoring wells. A list of the wells located within the project area is included as part of Table 13-1, attached as Appendix A, and also illustrated on Figure 7. Almost all of these wells appear to be domestic wells. With respect to band c below, if the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed. With respect to possible individual appropriations by future projects, a general assessment of the likely needfor such should be included, and if there is potential for major appropriations or environmental issues resulting from individual appropriations, a more detailed assessment of those should be included along with a discussion of mitigation for potential problems. b. Will the project require an appropriation of ground or surface water (including dewatering)? L Yes _ No If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. Development of the project area will require an appropriation of groundwater, chiefly for municipal water supply. The source of the supply will be a well completed in the Prairie du Chien! Jordan Aquifer system, with construction and completion similar to the other municipal supply wells for the City of Stillwater. The new well will be Stillwater's 7th well, and they anticipate yields on the order of 1000 gpm. The City of Stillwater's existing appropriation permit number is 756207. While the new well's yield is expected to be close to 1000 gpm, its use may not be constant, so the average daily discharge may be considerably less. Nevertheless, the effects of this additional groundwater appropriation will be evaluated in more detail in the AUAR. Specifically, an analysis of expected changes in groundwater levels will be provided. The analysis will be conducted using steady state calculations, known as the Them method, that are used for evaluating effects of pumping wells and assuming, at minimum, the average daily discharge expected in the new well.. This approach will provide results with respect to expected changes in groundwater levels as well as the amount of interference at existing City wells. c. Will the project require connection to a public water supply? ~ Yes No If yes, identifY the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. 21 - - - - I- I :- . . . . . . . . . . . . . . . . . . . . '. . . . . . STILLWATER ANNEXATION AREA AUAR SCOPING DOCUMENT .... . Figure 7 Existing Wells Source: Washington COUI).ty Geologic Atlas January 2, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 Stillwater's primary source of groundwater for municipal water supply is the Prairie du Chien/Jordan Aquifer system. The DNR water appropriation permit number for the supply is 756207. A new well will be expected to supply 1000 gpm on a short-term basis. The proposed plan is to extend existing trunk water lines within the City to serve the annexation area. A review of expected water demand and proposed water supply will be presented in the AUAR. 14. Water-Related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 1 OO-year flood plain, or a state or federally designated wild and scenic river land use district? --L Yes No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. Such districts should be delineated on appropriate maps and the land use restrictions applicable in those districts should be described. If any variances or deviations from these restrictions within the A UAR area are envisioned, this should be discussed. The City of Stillwater's Flood Plain Overlay District applies to all lands within the identified 100-year flood plain. This includes some areas around Long Lake and Twin Lake, and along Browns Creek. The Proposed Land Use Plan will be analyzed for its impact on the flood plain. All standards in the overlay district will be followed for future development withi.n the Annexation Area. No other City shoreland district regulations are in place in the Annexation Area. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? ..x.. Yes No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. This item need only be addressed if the A UAR area would include or adjoin recreational water bodies. [DSUj The Annexation Area includes portions of Long Lake and South Twin Lake. Additional residential development is planned around both lakes. There is currently motorized water craft on Long Lake, but not on South Twin Lake. Additional watercraft use is expected, but the scale of development is such that overcrowding and conflicts are not expected. Further estimates of watercraft use will be provided in the AUAR. 23 . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 16. Soils a. Approximate depth (in feet) to: Ground water: minimum -1L average ~ (see Figure 8 attached) Bedrock: minimum ~ average 131' b. Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need not be attached.) A standard soils map covering the area should be included. Area soils as mapped by the Washington County Soil Survey are indicated in Figure 9. The majority of the soils are Antigo silt loams. Other soils more commonly found are Santiago silt loams, Mahtomedi loamy sands, Kingsley sandy loams, Duluth silt loams and Cathro muck. 17. Erosion and Sedimentation The potential disturbance of surface features that may occur during development of the annexation area will be evaluated. These disturbances will be quantified and mitigation measures will be established to control resulting erosion and sedimentation. Best Management Practices will be used. a. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 539 ; cubic yards _ b. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given, with an emphasis on unusual or problem areas. {n discussing mitigation measures, both the standard requirements of the local ordinances and any special measures that would be added for A UAR purposes should be included. The location of areas containing steep slopes (greater than 12 percent) and/or highly erodible soils is shown in Figure 10. Highly erodible soils found in the annexation area include: Antigo silt loam, 12 to 18 percent slopes; Chetek sandy loam, six to 12 percent slopes; Santiago silt loam, six to 15 percent slopes; Rosholt sandy loam, six to 15 percent slopes; Kingsley sandy loam, 12 to 18 percent slopes; Mahtomedi loamy sand, 12 to 25 percent slopes. Best Management Practices will be followed to control erosion/sedimentation resulting from development projects within the annexation area. These practices are detailed in portions of the City Zoning Ordinance. 24 STILLWATER ANNEXATION AREA AUAR SCOPING DOCUMENT > J . :...-.~..':;'t~~-==lWitT;;;:-\l-:-- ~h , (i L.) I~!;"'"'' ) ",,_J ~.. l. I O~l i .,1" , (.... ._---"--_._.~_..._::..._---... Pm il ':1.' \ ~~-- " i 0, ! '\ ..IL', , , (;"" \ '" 'll \. ""~.~~ \ . "~....... \ 1 ~. .' ~~ '~~ '. \ i , t'~"...'\h' L.. I I I ~\ ;~ ,/ . '", I I I \,'\",':'~ I I l.tI"!. , ),,~"\ .j.. ."-; ,.. ,-..-'""1'------.-. r. _I .__\~ -- ! I ._i r.l ~, r \ ' -. '''\-'--1-__L~\_.. \ I I. Illldt' \ ,j,' I Ll1,i.!,,- ~,:,' I r - I 6\ ' ~'; \ i \.-. i ,-' " /;:'..-,) Ii ,./~ :~','7':' - ;..J (, .. 'It. r I t, ~ I ",. , /"" '" -~ '~.."""\~ 0\'~ / \~ .I \ " \.. "~I , " \. \ I........,.l. i f' . f i N :""''''\ I I " I~.. "" '. I '- ~il , )L':~__,J'':. f"! 0..t I'.x 1. ',.. I/fL' ^.I ( I ''l '. I \. " . , '.',', t.J,! ;)nOld)' ~). , ~LI\-I' 'Il '~~ )-----' N:.f-i;../ .!...-._~: I L- January 2, 1997 - Figure 8 Groundwater Contours Source: Washington County Geologic Atlas ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. ..- Stillwater Annexation Area AUAR Scoping Document January 2, 1997 18. Water Quality - Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff A detailed analysis of stormwater issues within the annexation area will be conducted as part of the AUAR, with particular attention given to Brown's Creek. Brown's Creek, which contains populations of brown trout, is one of the few trout streams managed by the DNR in the Twin Cities Metropolitan Area. The water quality analysis will include: · Map of the proposed stormwater system and all water bodies that will receive stormwater. · Description of the stormwater system identifying on-site and "regional" detention ponding, and an indication of whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion will indicate the design standards to be followed. · Nutrient budget analysis of all "priority lakes" as defined by the Metropolitan Council. Lakes within the AUAR area include Long Lake (82-21), South Twin Lake (82-48) and McKusick Lake ((82-20). None of these lakes is listed as a priority lake; however, nutrient analysis may be performed to establish water quality standards for stormwater treatment. · Evaluating stormwater impacts on the chemical composition and temperature regime of Brown's Creek. The evaluation will include establishing baseline conditions of flow, temperature, chemical and biological conditions. Data from existing DNR monitoring (temperature, flow) will be used. Using this information, a model will be developed to assess impacts of the proposed development scenario within the AUAR area on flow rates, temperature, sediment transport and chemical composition within Brown's Creek. Mitigative Measures For Brown's Creek - A number of potential options are available to mitigate water quality impacts to Brown's Creek. These options stress an ecosystem-based management approach to maintaining the ecological integrity of the stream corridor and trout fisheries. These options include: · Riparian Corridors - Riparian corridors provide many functions important to maintaining conditions necessary for healthy trout streams. In particular, vegetative cover along the stream provides a shady environment which helps maintain cooler water temperatures. · Protecting Groundwater Seepage Sources - A survey of ground water seepage areas and spring-fed tributaries will be conducted with all areas included on the cover type map. These areas should be protected from encroachment by using buffers or conservation easements. 28 . . . . . . . . . -. . . . . . . . . . . '. . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 . Stormwater Diversion - Diverting stormwater to other drainage systems (such as outflow from Long Lake to McKusick lake). This option could reduce water temperatures in Brown's Creek by increasing the ratio of cool ground water to warmer surface water. . In-stream Habitat Enhancement - Augmenting the existing in-stream habitat will provide the benefit of cover, feeding areas, spanning beds and refuge. These measures will likely enhance the existing trout fishery. . Hypolimnetic Discharge - Where feasible, lake outlets that discharge cooler water near the bottom of the lake will be evaluated. Hypolimnetic discharge is applicable for heterotrophic lakes (lakes that are nutrient poor and maintain oxygen rich waters). This option is probably not available within the annexation area. · Supplementing Brown's Creek with Groundwater - Water from a shallow, non-municipal well could be used to offset thermal impacts from stormwater runoff. Analysis will be done to determine compatible water chemistry and its feasibility. · Infiltration - Methods to maximize infiltration will be considered to minimize discharge of surface water to Brown's Creek. Methods include development featuring ditches, narrow roads and site grading to backyard swales. Infiltration basins that use existing sandy areas will also be studied. If infiltration is determined to be an important means of managing the ambient water temperature in Brown's Creek, areas with naturally pervious areas will be a natural resource requiring protection. · Flow Minimization - The DNR has reported high flows in Brown's Creek that have washed the trout into the St. Croix River. Minimizing discharges from the annexation area will be evaluated. In this and all water quality evaluations, we need to keep in mind that the annexation area represents only 10 percent of the Brown's Creek tributary area, and cannot be held responsible for correcting all ofthe watershed's problems. b. Identify the routers) and receiving water bodies for runofffrom the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult "EAW Guidelines" about whether a nutrient budget analysis is needed.) The Brown's Creek watershed and the St. Croix River would be the receiving basins for runoff from the project area. Currently, some areas within the AUAR study area are landlocked basins. As these areas develop, outlets will be provided. The drainage patterns, both present and future, will be analyzed. Recommendations will be made in the AUAR. 29 .. . . 4' 4 \ , , , . :. . . . . . . . . . . , , , Stillwater Annexation Area January 2, 1997 A UAR Scoping Document 19. Water Quality - Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. Normal domestic sewage is the only type of wastewater expected from the uses in the annexation area. The quantities and handling of the wastewater are discussed in the City's Sanitary Sewer System Plan and will be fully discussed in the AUAR. b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult "EAW Guidelines" about whether a nutrient budget analysis is needed.) For on-site septic systems, compliance with MPCA standards will be evaluated. Systems not in compliance will be eliminated (brought into City's sanitary sewer system) or brought into compliance. The potential for discharge of wastewater into groundwater, lakes and streams will be investigated. These impacts along with mitigative measures will be explored in the AUAR. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. The quantities and handling of the wastewater are discussed in the City's sanitary sewer system plan and will be detailed in the AUAR. 2 O. Ground Water - Potentialfor Contamination a. Approximate depth (in feet) to ground water: -IL minimum; ~ average. 30 . . . . . . . . . . . . . . . . . . . . . . . ..a - . . . . . . Stillwater Annexation Area AUAR Scoping Document January 2, 1997 Using the proposed land use plans developed for the Stillwater Annexation Area, an estimate of total municipal solid waste generated at buildout will be prepared based on formulas developed for another environmental study, the Maple Grove Gravel Mining AUAR (City of Maple Grove, October, 1996). These formulas were acceptable to the reviewing agencies for that study. Also, volumes of existing and predicted recycling and source separation programs will be calculated. If appropriate, recommendations regarding recycling and source separation will be made. b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). For "b ", potential locations of storage tanks associated with commercial uses in the A UAR should be identified (e.g., gasoline tanks at service stations). The location of existing registered storage tanks hazardous waste generators within the AUAR area will be identified, itemized, and shown on a map. In addition, general areas of potential future locations of regulated storage tanks, as defined by proposed land use, will be shown. 22. Traffic Parking spaces added 2.847 Existing spaces (if project involves expansion) .JL Estimated total Average Daily Traffic (ADT) generated 27.785 Estimated maximum peak hour traffic generated (if known) and its timing: 2.995 - PM peak hour For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. The City of Stillwater's Comprehensive Plan and Washington County's Comprehensive Plan provide future year estimates of traffic volumes on the major roadways within and adjacent to the proposed annexation area. Both of the plans discuss roadway improvements that will be necessary to handle projected volumes. These improvement concepts include: . Mn/DOT is committed to providing a future full interchange at T.H. 36 and CR 15. CR 15 is proposed to be extended from T.H. 36 to T.H. 5. CR 15 is shown as a future principal arterial candidate in the County Comprehensive Plan. The Stillwater plan indicates that widening CR 15 to four lanes is a high priority. Access control will be an important component used to protect the traffic-carrying ability along this corridor. Traffic signalization can be expected in the future along this corridor. Mn/DOT has scheduled improvements in 1997 at the T.H. 36fT.H. 5 intersection. T.H. 5 will be widened to provide four lanes plus turn lanes through the interchange area. CASH 12 is shown as a minor arterial on the Washington County Plan. . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 The existing daily traffic volumes from the Stillwater Comprehensive Plan, and the year 2015 volumes from the Washington County Comprehensive Plan, are shown on the attached graphics, Figure 11 and Figure 12. The "net" generated new trips will be 50 less in the afternoon peak hours and 675 less on a daily basis if the existing nursery becomes a business park. 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EA W Guidelines" about whether a detailed air quality analysis is needed.) An estimate of the effects of traffic on air quality will be provided in the ADAR. Where different assumptions or mitigative measures may significantly affect traffic and air quality, estimates of these impacts will be made as well. 24. Stationary source air emissions Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? Yes X No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. This item is not applicable to an A UAR. Any stationary air emission source large enough to merit environmental review requires individual review. 25. Will the project generate dust, odors, or noise during construction and/or operation? L Yes _ No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Construction activity will generate dust and noise, but the activity will be required to comply with existing PCA standards. A noise analysis of "high" traffic areas will be conducted in the ADAR. 33 iltwater COMPREHENSIVE PLAN MAP l' co: 2500' . . . . . . . . . . . . . ROAD CLASSIFICATIONS - DAILY TRIP TRAFFIC COUNTS Esl1992 ADT (Est DAILY TRIPS) ... PRINCIPAL.ARTERIAL 1I111111l1.MINOR ARTERIAL ('A' MINOR ARTERIAL - CONNECTOR) ...... COLLECTORS ("A" MINOR ARTERIAL-EXPANDER) Figure 11 January 2, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . Year 2015 Average Daily Traffic Volumes @ I,ASO 7,110 OaIcdale 10,200 21 400 12.- . 72,2llO 17.eso 1'.000 2UOO '1.410 15.700 'UOO '0,1 115; St. Paul Park ~ Average Daily Traffic Source: BRW Joe. I \Vashingtoll County Comprehensive Plan February 1996 Figure 12 January 2, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . -I . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 26. Sensitive resources Are any of the following resources on or in proximity to the site: a. archeological, historical, or architectural resources? L Yes No One archaeological site is listed within the annexation area in Section 19 ofT30N, R20W. This site, which is located along Brown's Creek, contains an old mill. Two other archeological sites containing lithic scatter are located within existing City boundaries but could be impacted from the development within the annexation area. One architectural site is also located along Brown's Creek just inside the present City boundary. This site contains an old stone bridge where County Road 5 crosses over Brown's Creek. These sites, as well as areas with potential for archeological, historical and cultural resources, will be evaluated further in the AUAR document for potential impacts. b. prime or uniquefarmlands? L Yes _No Prime and unique farmlands are present in portions of the annexation area which contain the following soil types: Antigo silt loam, 0-2 percent slopes; Antigo silt loam, 2-6 percent slopes; Brill silt loam; Santiago silt loam, 2-6 percent slopes; Freeon silt loam, 1-4 percent slopes; Rosholt sandy loam, 1-6 percent slopes; Campia silt loam, 0-8 percent slopes; Crystal Lake silt loam, 1-3 percent slopes; and Duluth silt loam, 1-6 percent slopes. Probable impacts will be a loss of prime or unique farmlands. Currently, there are an estimated 682 acres of cropland and 323 acres of brush land and grassland. Based on the City's Existing Land Use Map in the Comprehensive plan, approximately 400 acres is designated as currently used for agricultural purposes. These areas are planned to be developed as residential and business park uses under the Proposed Land Use Plan. c. designated parks, recreation areas, or trails? L Yes No Numerous existing and proposed parks and trails will be developed in the Annexation Area, in accordance with the City's Comprehensive Plan. This includes connection to the County trail system along County Road 15 and Highway 96. d. scenic views and vistas? ~ Yes No Scenic views and vistas include Brown's Creek Valley, S1. Croix River Valley and the forested areas of the annexation area, particularly around Long Lake. The AUAR will examine the aesthetic qualities of these and any other areas identified and suggest alternatives to avoid or mitigate impacts to these areas. e. other unique resources? _ Yes ~No f. If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 27. Adverse visual impacts Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) _ Yes ~ No If any non-routine visual impacts would occur from the anticipated development covered by the MUSA review, this should be discussed here along with appropriate mitigation. No unusual development is expected in the Annexation Area that would create adverse visual impacts. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of a local, regional, state, or federal agency? ....x... Yes No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. The development scenario to be analyzed in the AUAR is the Proposed Land Use Plan from the City's 1995 Comprehensive Plan, and therefore, the project is entirely compatible with the applicable plans. 29. Impact on Infrastructure and Public Services Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? ....x... Yes _ No If yes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action" with respect to the project must be assessed in this EAW; see "EAW Guidelines"for details.) This item shouldjirst of all summarize information on physical infrastructure presented under other items (sl!ch as 6, 18, 19, and 22). Other major infrastructure or public services not covered under other items should be discussed as well -- this includes major social services such as schools, police,jire, etc. As noted above and in the "EAW Guidelines, " the RGU must be careful to include project-associated infrastructure as an explicit part of the A UAR review if it is to be exempt from project-specific review in the future. The Annexation Area needs significant infrastructure improvements, including the minor arterial roadway system described previously, and the extension of city sewer, water and stormwater infrastructure. Impact to the existing infrastructure will be evaluated and quantified. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area AUAR Scoping Document January 2, 1997 30. Related Developments; Cumulative Impacts This item does not require a response for an A UAR since the entire A UAR process deals with cumulative impacts from related developments within the A UAR area. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify them here, along with any proposed mitigation. 32. Summary of Issues List any impacts and issues identified above that may require further investigation before the project is commenced Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. The full Draft AUAR will discuss and analyze in further detail the issues raised in this Scoping Document. A preliminary list of issues to be analyzed in the Draft AUAR is as follows: · Traffic - Local and Regional Roadway System · Traffic - Air Quality Analysis · Sanitary Sewer System · Municipal Water System · Impacts on Brown's Creek Area: - Impacts on Trout and Other Recreational Fish: Stormwater Management Habitat Protection and Enhancement Stormwater Diversion Reduction ofImpervious Surface - Impacts on Louisiana Water Thrush - Impacts on Natural Plant Communities · Impacts on Long Lake, McKusick Lake, South Twin Lake - Stormwater/Flooding - Water Quality - Watercraft Use · Wells - New Municipal Well, Closing of Other Wells · Erosion and Sedimentation - Potential Impacts · Scenic Views and Vistas · Archeological, Historical, and Architectural Resources 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stillwater Annexation Area A UAR Scoping Document January 2, 1997 Mitigation Plan. The final A UAR document must include an explicit mitigation plan. At the RGU's option, a draft plan may be included in the draft AUAR document; of course, whether or not there is a separate item for a draft mitigation plan, proposed mitigation must be addressed through the document. The Draft AUAR will contain a Draft Mitigation Plan for review and comment by commenting agencies and individuals. Response to comments on the draft A UAR document. The final A UAR document must include a section specifically responding to each timely and substantive comment on the draft that indicates the way in which the comment has been addressed. Similar comments may be combined for purposes of responding. The Draft AUAR will list the comments received on this Scoping Document, and the Final AUAR will list the comments received on the Draft, with appropriate responses. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix A Table 13-1: Wells Within the Stillwater Annexation LOCATION UNIQUE NUMBER . OWNER PURPOSE AQUIFER 30-20-19ADDA 109729 MARSH Domestic Jordan 30-20-19ACDC 110450 HOLLAN Domestic Jordan 30-20-19CCAB 131937 HEMEN Domestic Prairie du Chien 30-20-19CBAA 135382 PAVLIK Domestic Prairie du Chien 30-20-19CBDD 138287 Prairie du Chien 30-20-19CCDC 154485 WELLS Domestic Drift 30-20-19CCCD 154486 BOGIE Domestic Prairie du Chien 30-20-19* 156397 HUBSTE Domestic 30-20-19AADA 162939 Domestic Jordan 30-20-19AADD 182907 BURNS Domestic Drift 30-20-19BDCC 184005 WAHLlN Domestic Jordan 30-20-19CCDD 198288 HAUGE Domestic Drift 30-20-19BDDB 406231 RALEIG Domestic Jordan 30-20-19BDCB 410168 HENTON Domestic Jordan 30-20-19DDDA 415242 SCHLEU Domestic St. Lawrence 30-20-19DDAD 415666 FRASCO Domestic Jordan 30-20-19DCDD 418583 NARDIZ Domestic Multiple 30-20-19DDAA 418589 THRON Domestic Multiple 30-20-19DDAD 420645 Domestic Multiple 30-20-19* 423303 KOCHEN Domestic 30-20-19CBDB 423846 BERGER Domestic Prairie du Chien 30-20-19CABB 427889 WRISKY Domestic St. Lawrence 30-20-190000 437328 MAGNUS Domestic Multiple 30-20-19AADD 447246 BARKER Domestic Jordan 30-20-19ACCD 448267 SCHULT Domestic Multiple 30-20-19ACCD 448315 JOHNSO Domestic Multiple 30-20-19* 450724 JIMSW Domestic 30-20-19* 464163 BEN FOR Domestic 30-20-19BCB 478965 MAGNUS Domestic 30-20-19BCB 478966 LUNDEL Domestic 30-20-19BCC 483220 SWANSO Domestic 30-20-19* 487506 GLEN J Domestic 30-20-19BCB 494952 KELZEN Domestic 30-20-19 505370 ROWLEY Domestic 30-20-19* 506057 BROCKM Domestic 30-20-19* 506089 TRUHLE Domestic 30-20-19* 506106 JOHNSO Domestic 30-20-19BCBA 511662 WADE Domestic Prairie du Chien 30-20-19BDC 517274 SMITH Domestic 30-20-19AAD 518826 CHRIST Domestic 30-20-19BBD 521193 BARABA Domestic 30-20-19BDD 521827 SUMMIT Domestic 30-20-19BCD 526314 FIORIT Domestic -- 30-20-19BBD 535770 SWEENE Domestic 30-20-19CCA 535784 PRUST Domestic L-. -. ------'-,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 13-1 (cant.) LOCATION UNIQUE NUMBER OWNER PURPOSE AQUIFER _~ 30-20-19* 546141 INDEPE Domestic 30-20-19* 546322 ALBERT Domestic 30-20-19* 553606 ANDERS Domestic 30-20-19* 565163 KARL C Domestic 30-20-19* 565174 WOLD Domestic 30-20-20BBCC 133548 HEIFOR Domestic Jordan 30-20-20BBCC 156437 HEIFOR Domestic Jordan 30-20-20BBAA 406229 AMUNDS Domestic Jordan 30-20-20* 543032 HUNTER Domestic 30-20-32* 123512 LACOSS Domestic 30-20-32* 411621 RITZER Domestic 30-20-29BBBB 131954 MCGRAT Domestic Multiple 30-20-29BBBB 138295 LENTZ, Domestic Multiple 30-20-29BBCB 153242 SCHNEI Domestic Jordan 30-20-29BBDB 163737 PELTIE Domestic Jordan 30-20-29BABC 184046 HOHNST Domestic Prairie du Chien 30-20-29BBAD 404195 PLASKE Domestic Prairie du Chien 30-20-29BBDA 404285 REGIST Domestic Prairie du Chien 30-20-29BBDA 411603 TURNER Domestic Prairie du Chien 30-20-29BBDB 415667 ANDERS Domestic Prairie du Chien 30-20-29BBDD 418728 ANDERS Domestic Jordan 30-20-29* 450655 LA VENU Domestic 30-20-29* 450656 SCHWAN Domestic 30-20-29BDD 539245 NYBERG Domestic 30-20-31 DACB 112601 HOLLlH Domestic Prairie du Chien 30-20-31DBDA 130837 BROWN Domestic Prairie du Chien 30-20-31 DADA 185764 HARVIE Domestic Drift 30-20-31 DAAA 196839 SEIM Domestic Drift 30-20-31 DCBC 437347 GOLlSH Domestic Prairie du Chien 30-20-31 DBA 493198 BERNER Domestic 30-20-31* 505376 SHOBER Domestic 30-20-31DDB 514375 HUELSM Domestic 30-20-30CCBC 123519 KROENI Domestic St. Peter 30-20-30BCCD 133500 SCHMOE Domestic Prairie du Chien 30-20-30ABAA 162107 Domestic Multiple 30-20-30ABAD 162111 Domestic Multiple 30-20-30BCDD 170585 RUNDQU Domestic Prairie du Chien 30-20-30ADBB 178217 Domestic Jordan 30-20-30ABCA 178235 NELSON Domestic Multiple 30-20-30ADCB 178238 Domestic Jordan 30-20-30AABC 178300 RITZER Domestic Multiple 30-20-30ACAC 182798 VONDEL. Domestic Drift 30-20-30AACC 182811 LAW,J Domestic Jordan 30-20-30BCDD 182841 FISHER Domestic Jordan 30-20-30CADA 182936 MEISTE Domestic Drift - - Jordan 30-20-30ABDB 186978 Domestic ------.:_.,._._---------~-~ ._.._----_.-_..~-----_._-_._.".,--- ---~~~ -. . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . Table 13-1 (cont.) LOCATION UNIQUE NUMBER OWNER PURPOSE AQUIFER --- .--...--- .--- _.._"-----~~--~-- 30-20-30ABDD 195620 Domestic St. Lawrence 30-20-30ACDB 195652 BARBAT Domestic Jordan 30-20-30ACCC 195656 LONG Domestic Prairie du Chien 30-20-30ABCC 195749 Domestic Multiple 30-20-30* 404176 WEBBER Domestic 30-20-30ABDC 406154 ISENBE Domestic Jordan 30-20-30ABDC 409655 Domestic Jordan 30-20-30AADA 409656 BOBERG Domestic Jordan 30-20-30ADCA 409657 FISCHE Domestic Drift 30-20-30* 411644 BUEBSC Domestic 30-20-30ACBC 413557 BURKE Domestic Jordan 30-20-30* 418581 DECOUR Domestic 30-20-30* 420337 PAULSO Domestic 30-20-30CCC 420343 STILLW Domestic 30-20-30AACB 423345 BEEDLE Domestic Multiple 30-20-30CADC 427896 KROENI Domestic Prairie du Chien 30-20-30AAAA 429662 Domestic Jordan 30-20-30ACBB 436633 KUEHN Domestic Prairie du Chien 30-20-30* 440032 MCLELL Domestic 30-20-30CACD 447192 MEISTE Domestic Multiple 30-20-30AAAB 447208 VIELlN Domestic Multiple 30-20-30AAAD 448294 OGBORN Domestic Multiple 30-20-30* 448313 DAVIS Domestic 30-20-30CCC 475426 GLEN J Domestic 30-20-30BDB 479666 RADUEN Domestic 30-20-30BDB 483208 BREED Domestic 30-20-30* 493168 PEL TIE Domestic 30-20-30BDB 493220 PEPIN Domestic 30-20-30* 494956 GIGONT Domestic 30-20-30AAA 498210 SWAGER Domestic 30-20-30* 506096 REITER Domestic 30-20-30BDB 518784 HELMS Domestic 30-20-30BBB 524637- NEITZ Domestic 30-20-30DCB 524640 HOF,G Domestic 30-20-30DBA 525994 ANDERS Domestic 30-20-30BBD 532365 SKYWAY Domestic 30-20-30ACB 539233 WHALEY Domestic 30-20-30ACA 539252 HELLER Domestic 30-20-30* 546327 PALMER Domestic 30-20-30* 568668 CERVEN Domestic *welllocation not specifically known (may be located outside annexation area) I!T.y....-r.llJi:Ic:l:1 ~ ~ II ~..."'1. :l ~ =i 'tc~~~ Of<): _lie:. Ie ~ l!.: }."j."j. . R-. i::t ~. [U:-... :IO:....r. LLWATER MINNE '}'~""I- "f'I:Y~'I'l'..r. {Lt'-'-<...- l/~c..J:' fJ cLc JL<'... r- er} .- I i / '7 j '1 ,~ PROPOSAL TO CITY OF STILLWATER FOR SPORTS COMPLEX 2 w Index 1. Introduction (White) 2. GWO Proposal (Blue) 3. GWO Fee (Green) 4. Conclusion (Yellow) 5. Appendix (Pink) 3 w 1. Introduction We are pleased to present our Construction Manager proposal for the Sports Complex. As you know, we are totally committed to this project. Our proposal will reflect this commitment. ~ ,,' J~ -t\ 4 B GWO PrOl'osal GWO will provide the following services: 1. Pre-Bid 1.1) Meet with the City of Stillwater, staff, building committee and Ankey Kell Architects on all planning sessions. Unlimited meetings. 1.2) Provide preliminary estimates as required. 1.3) Provide value engineering on costs. 1.4) Plan/Specification reviews. 1.5) In conjunction with City and Ankey Kell Architects, establish bidding packages and bidders list. 1.6) Establish "Sweat Equity" program, if possible, under public bidding regulations. 2. Bidding Stage 2.1) Coordinate, accept and tabulate Bids. J ) 2.2) In conjunction with Ankey.Kell, present final project costs to. the City Council. 3. Construction Stage 3.1) Provide job site Superintendent and Project Manager who will coordinate construction. 3.2) Chair construction progress meetings and provide meeting minutes. 3.3) Coordinate all payments and change orders to material suppliers and subcontractors. 3.4) Coordinate all shop drawings. Submit to Ankey Kell, for review and approval. 3.5) Prepare all contracts for material suppliers and subcontractors for Mayor, Jay Kimble, signature. . 3.6) Coordinate completion of final Punch Lists. 5 B GWO Proposal 3. Construction Stage (con't.) 3.7) GWO Team A. Principle in Charge B. GWO's Project Manager C. Superintendent D. GWO's Office Manager Dick Olsen Jeff Olsen TBD Dan Corcoran 3.8) Provide maintenance and operating manuals and "as built" drawings at the end of the project. 3.9) Construction follow u~ as required for one year. 3.10) See Construction Manager Contract in appendix for additional duties and terms. 6 G 3. GWO Fee/General Condition A. GWO Fee 1. Fee is based on the construction costs as follows: 1.1) Sports Arena (Ice Rink) $2,553,000.00 1.2) Domed Fieldhouse $1,547,000.00 Total Construction Costs $4,100,000.00 2. GWOFeeis $123,000 (i.e. 3% of $4,100,000.00) 3. GWO Fee to be included in total construction costs of $4,100,000.00 B. GWO General Conditions (allowance) These are CWO's job site # out of pocket" administration costs required. tocornplete the project. These.costs are allowances. 01000 General Conditions Allowance 01020 Water ........................................................................ $ 490.00 01030 Electricity - Set Up .................................................. $ 800.00 - Meter .................................................... $ 420.00 01040 Telephone - Set Up.................................................. $ 120.00 - Monthly............................................... $ 350.00 - FAX ...................................................... $ 1,000.00 01050 Toilets ................................... ..... ..... .... ...... ................ $ 490.00 01090 Project Sign .............................................................. $ 1,200;00 01100 Superintendent ...........................~...... .... ..... .......~.....$ .29,640.00 01110 Rough Hardware .................................................... $ 2,000.00 01120 Layout - Bldg. - Surveyor ...................................... $ CITY - Site...........................................~...... $ 984.00 01160 Extra Plans ............................................................... $ Nj A 01170 . Xerox ........ ............... ............... ....... ..... ............ ..... ...... $ 1,500.00 01180 Temporary Fences..........................~........................ $ NfA 01230 Punch List................................................................. $ 2,000.00 01240 Advertising .......................................................~....... $ NjA 01270 Equipment Rentalj Ole'......................................... $ 6,600~00 01280 Equipment - GasjOil, Etc. ..................................... $ 1,000.00 01290 Builders Risk............................................................ $ Cl'I'Y 01290 Extra Insurance........................................................ $ Nt A. 01300 Dumpster ................................................................. $ 9,000;00 01310 Clean Up - Bulk ....................................................... $ 1,500.00 - Final........................................................ $ an 01320 Winter Conditions .................................................. $ Nj A 01370 Safety ........................... .................... ........... ........ ....... $ 1,200.00 7 G 3. GWO Fee/General Condition B. GWO General Conditions (allowance) (con't.) 01000 General Conditions Allowance 01390 Warehouse Foreman .............................................. $ 2,184.00 01400 Project Manager Oeff Olsen).................................. $ 8,736.00 01450 Oerical...... ........... ......... .......... .................. ................ $ 4,000.00 01600 Tests ...... ......... ..... ..... ................ ....................... ...... ..... $ CITY 01700 Temporary Roads ................................................... $ N/ A 01710 Temporary Ramps .................................................. $ N/ A 01720 Dewatering .............................................................. $ N/ A 01730 Photos/Video .......................................................... $ 500.00 01950 Misc. A. Unions and Insurance (46% of GWO labor) . $ 22,804.00 B. Sales Tax (GWO material only) ....................... $ 1,698.00 C. Travel Costs ....................................................... $ 1,300.00 D. Building Permit ................................................. $ 25,000.00 E. WAC and SAC ................................................... ~ OTY Sub-Total.................................. $126,516.00 F. General Condition Contingency (5% )............. $ 6/325~00 Grand Total......................... ..... $132,841.00 C. SummCll'Y 1. GWOFee (profit and Overhead)..................................... $123,000.00 2. General Condition Allowance .......................................... $132,841.00 3. GWO Construction Manager Contract............................ $255,841.00 There are no hidden GWO costs. D. Notes 1. See appendix for comparison of GWOFees/GeneralConditions to Construction Budget Figures. 2. See appendix for City of Stillwater's costs. 3. See appendix for Construction Manager Contract for in depth details. 4. See appendix for GWO Fee reduction via GWO and/ or Marie and Dick Olsen Donations. 5. Appendix Index 5.1) Comparison of GWOFees/General Condition Budget Figures. 5.2) CWO Fee reduction via GWO and/or Marie and DickOlsen donations. 5.3) City of Stillwater.costs. 5.4) Can GWO bid concrete - masonry - carpentry? 5.5) Construction Manager Contract. 5.6) GWO Brochure p 9 ), ( ThJ second line .of General Conditions "Development" on the next page might mean Architectural Costs. Disclaimer $ Included Above $ Included Above $255,841.00 Domed Fieldhouse (Estimate) 2.1) Fee 7.36% of $1,547,000.00 ............................. $113,859.00 2.2) General Conditions ........................................ $132,887.00 Total................................ $654,166.00 $123,000.00 $132,841.00 Sports Arena (Ice Arena) 1.1} Fee .................. ........... ............. .'..................... ..... $188,040.00 1.2). General.Conditions ......................................... $219,380.00 GWO Budget 2. 1. Review the next page for the Construction Budget on the Sports Arena that was prepared by Bonestroo, Anderlick, Rosene and Associates. We do not have a siInilar budget for the domed Fieldhouse. We estimated the domed Fieldhouse Fee and General Conditions based on the Sports Arena's . Budget. 5.1 Comparison of GWO Fees/General Conditions Budget Figures p 10 $2,553,880.00 $2,503,880.00 $50,000.00 TOTAL CONSTRUCTION COST with ALTERNATE $50,000.00 ADD 1 Hydraulic TOTAL CONSTRUCTION COST 14 A1temate1 Elevator $156,700.00 16 Sectric $157,530.00 $566,000.00 $96,810.00 $31,340.00 $125.360.00 $24,000.00 $9,380.00 $38,390.00 $17,540.00 $7,500.00 $9,000.00 $375,000.00 $50,000.00 $60,000.00 $72,000.00 $40,000.00 $70,520.00 $47,010.00 $78,350.00 $109,690.00 $31,340.00 $36,000.00 $45,000.00 $6,000.00 $3,000.00 $156,700.00 $171,700.00 $15,000.00 $3,750.00 $12,750.00 $9,000.00 $94,020.00 $35,850.00 $37,400.00 $224,400.00 $117,430.00 $88,500.00 $88,500.00 $509,100.00 $182,680.00 $62,680.00 $120,000.00 $1.00 $4.00 $500.00 $375,000.00 $50,000.00 $60,000.00 $75.00 $1,000.00 $2.25 $1.50 $6.00 $2.50 $0.75 $0.50 $2.00 $750.00 $1,500.00 $30.00 $2.50 $1.00 $250.00 $30.00 $5.00 $5,000.00 $7.50 $3.00 $2.50 $5.00 $10.00 $27.50 $2.00 $500.00 Ught Hazard 800Amp 3Phase 31,340 SF 50Fe.HID 31.340 SF 11.800 SF 31,340 SF 3 15 LF 300 LF 31,340 SF 31 ,340 SF 48 4 100 SF 4,000 SF 3,750 SF 51,180 SF 35,070 SF 3,750 SF 18 1 1 1 960 40 31,340 SF 31,340 SF 31,340 SF 14,340 SF 7,480 SF 22,440 SF 4,270 SF 31,340 SF 240 Cost Subtotal $188,040.00 $407,420.00 $219,380.00 atv Units Unit Price 31,340 SF $6.00 31,340 SF $7.00 r. Roar Mounted Metal. 20yr.Commercial Temper Glass Zamboni Steel Frame Sport Floor Sheet Vinyl Paint Paint Susp.Acoustic Power lJght Plumbing HVAC Sprinkler 15 Mech; St. .Croix Valley Sports Arena Final Cost Estimate September 26,1995 Restrm part. Ice system Dashers Equipment Bleachers 10 . Specials Wall Ceiling Floor 9 Finish 4. Masonry Partitions 8M (12M Load 8) 5 Steel Roof 60MBarjoists Stairs Steel/Concrete 6 Wood & Cabinets Laminate Plastic Benches Wood 7 Envelope Roofing EPDM 10 yr. Insulation R30 8 Doors & Singl/dbl leaf HM x HM Windows FireclOors Coiling Metal Windows Clad Wood 4000 PSI 4M Concrete 10" Plank 2M Top 12" Panel R8 12M Asphalt Footings Roor slab Precastfloor Precast walls Cane. walls 3 Concrete Excavation Parking 2 Site Oi" Item Descriotion 1 General Contractor OH&P Conditions Development Our Contract Fee of $123,000.00 doesn't change but after donations. CWO and Marie & Dick Olsen will receive only $93,498 from this project. Note: 3. Marie and Dick Olsen Donation 3.1) Dick Minor Memorial.................................... ($ 1,000.00) 3.2) Special Gifts .....................................................1$ 2,505.00) Total........................................... $ 93,498.00) (2.28%) 2. GWO Donation 2.1) Business Founder............................................. ($ 25,000.00) 2.2) "Evening With the Twins" Sponsor.............. ($ 1,000.00) 1. GWO Fee.................................................................. $123,000.00 (3%) 5.2 GWO Fee reduction via GWO and/or Marie and Dick Olsen Donations p 11 1. There might be a duplication of costs - see notes under appendix item. #5.1. Note: Total................................ $ 6. Interest Costs .....................................................................;............. $ TBD Sub-Total........................ $500,000.00 5. Contingency...... .........;................................ ................ ..... ............ ..$100,000.00 4. BondingtFinance Costs. ................................................................. $ .50,000.00 3. Architectural (See note #1 below)....... .................................................................. $275,000.00 2. Non-Construction Costs 2.1) Furniture - ............................................................................ $ 5,000.00 2.2) St. <::roix Valley Sports Facility Commission - Committee Expense A.OriginalMighty Duck Grant...................................u..$ 5,000.00 B. Bonestroo, Rosene, Anderlick and Assoc. (Est.) .......$ 25,000.00 C. GWQ(Est.) $7,500.00 to date......,.....................;.......... $ 10,000.00 1. Construction. Costs 1.1) State Surcharge/Sprinkler Plan Review/Electrical Fees (Allowance) ........... ...................... .... .............. .............. $ 4,000.00 NOTE: Subcontractors are not paying Building costs - must pay for contractor's license fee 1.2) SAC/WAC charges (Allowance) ....................................... $ 5,000.00 1.3) Water Department Fee .......................................................$ 500.00 1.4) Site Survey............................. ..... ...................... .......... ....,.... ... $ 2,000.00 1.5) Soil Tests... .......;................................ .......... ...... ............ ......... $ 2,000.00 1.6) Testing (concrete-masonry-steel, etc.) (Allowance)........ $ 10,000.00 1.7) Janitorial Oean Up ........................................;....................$ 1,000.00 1.8) Builders Risk Insurance .............................................;....... $ 5,500.00 Allowance 5.3Citt of Stillwater Costs p 12 If this is possible, the City.mllstbe sure we publicly open the bids and. that. the City receives a minimum of three bids for each item GWO would. bid. 4. GWO bid would assure the City that they are receiving the best possible bid for these items. 3. Thiscouldopenthe.dQor for "sweat eq-uity" bids from local contractors. 2. If GWO wouldbidtheseiterrts, would we receive other competitive bidders. Othetl>kiders might think they are wasting their time. 1. City Attomey, Dave Magnuson, must be consulted if this can legallybe done under.a Construction Management contract. If thisis.to be. considered, the follQwing steps jconsiderations mustberevieweq.: c;WOwouldbehappy to submit a bid on these items. We can provide these services, nit can be. proventha~itis in the best interest Qf the City. YVehavebeen requested to address the question: "CanC;WObid concrete - masonry - catpentry"? 5.4. CanGWO Bid Concrete -Masoriry- Carpentry? p 13 ( (See next page) 5.5 Construction Managers Contract p 14 Copyright 1973, 1980, @1992byThe American Institute of Architects, 173SNew York Avenue, N .W., WashIngton. D.C. 20006-S292. Reproduction of the material herein or substantial quotation of Its provisions without written permi.~sion' of the AlA violates the copyright la,vs of the Cnited States and will suhject the violator .to legal prosecution. . . B801/CMa-1992 1 AlA DOCUMENT BeOt/CMa . OWNER-CONSTRl'CTION MANAGER AGREEMENT. 1992 EDITION. AIA@. @19<i2'. HiE AMERICAN INSTlTCTE OF ARCHITECTS, 17.~S NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006-S292 · WARNING: Unlicensed photocopying violates U.S. copyright laws and win subject the violator to legal prosecution. . The Owner and Construction Manager agree as set forth below. (Name and address) for the following Project: (fllelude detailed description of Project. iocafi()//, address and scope) 7'. and the Construction Manager: .(Name,and address) AlA DOCUMENT B801/cMa . OWNER-CONSTRUCTION MANAGER AGREEMENT. 1992 EDITION. AlA'" . @1992 . THE ~ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., w'ASHINGTON, D.C. 20006-5292-. WARNING: Unlicensed photocopying vIoJates U.S. cOpfright laws and Will subjectthe violatorto-legal prosecution. 2.2.11 The Construction Manager shall prepare a Project con- struction schedule providing for the components of tht: Work, including phasing of construction, times of commencement 2.2.10 The Construction Manager shall advise on the divi- sion of the Project into individual Contracts for. various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Con- tracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommen- dations as required to provide that (1) the Work of the Con- tractors is coordimlted, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.2.7. The Construction Manager shaH consult with the Owner and Architect regarding the COnstruction Docu- ments and make recommendations whenever design details adversely affect constructibility, cost or schedules. 2.2.8 The Construction' Manager shall provide recommen- datiOns and Information to the Owner and Architect regard- ing the assignment of responsibilities for temporary Project facilities and equipment,' materials and services for com- mon use of the COntractors., The Construction Manager shall verify that such requirements and assignment of respon- Sibilities are included in the proposed Contract Documents. 2.2.9 The Construction Manager shall provide recom- mendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. 2.2.5 The Construction Manager shall prepare and period. ically update a Project SChedule for the Architect's review and the Owner's acceptance. The Construction Manager shall Obtain the Architect's approval for the portion of the pre- liminary project schedule relating to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilitieS with anticipaiedconstruction schedules, high~ lighting critical and long-lead-time items. 2.2.6 As the Architect progresses with the preparation of the Schematic, Design Development and Construction Docw ments, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construc- tion Manag~r and Architect,' estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Such. estimates shall be provided for the A.rcnitect's review and the Owner's approval. The Construction Manager shall ad- vise the Owner and Architect if it appears that the Construc- tion Cost may exceed the,latest approved Project budget and make recommendations for corrective action. curement, installation. and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and pos- sible ec.onomies. ' 2.2.1 The Construction Manager shall review the program fur. nished by the Owner to ascertain the requirements of the Proj- ect and shall arrive at a mutuaIunderstandingofsuch require- ments with the Owner, 2.2.2 The Constructjon Manager shall provide a preliminary evaluation of the Owner'S program, schedule and construc- tion bUQget requirements, each in terms of the other. 2.2.3 Based on early schematic designs and other design cri- teria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for pro- gram requirememsusing area, volume or similar conceptual estimating techniques. The Construction Manager shall pro- vide cost evaluations of alternative materials and systems. 2.2.4 The Construction Manager shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and .equipment, and methods of Project delivery. The Construction Manager shall provide recom- mendations on relative feasibility of construction methods, . availability of materials and labor, time requirements for pro- 2.1.1 The Consiruction MaOllger's Basic Services consist of ,thosdiescribed in Paragrnphs 2.2 and 2.3 and any other ser- vices identified in Article 14 as part of Basic Services. ';&;, PRE.CONSTRUCTION PHASE CONSTRUcnON MANAGeR'S SERVICES AlA DOCUMENT B801/CMa 0 OWNER.CON~TRl'CTION MANAGER AGREEMENT 0[992 EDITION 0 AIA@ 0 @1992 0 THE AMERICAN INSTITUTE OF .\RCHITECfS. 173'; NEW YORK AVENUE, N.w... WASH1NGTON,D.C 20006.';292 0 WARNING: Unlicensed phOtocopying violl.rtes US. cQpyrighUaws and wUI.subject the violator to legal prosecution. 3 .B801/CMa-1992 2.3.10 The Construction Manager shall maintain account- ing records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. 2.3.11 The Construction Manager shall deveIopand imple- ment procedures for the review and processing ofapplica- tions by Contractors for progress and final payments. ( vide Basic Services under this Agreement, will end 30 days after final payment to all Contractors is due. 2.3.2 The Construction Manager shall provide administra- tion of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AlA Docu- ment A20l/CMa, General Conditions of the Contract for Con- struction, Construction Manager-Adviser Edition, current as of the date of this Agreement. .2.3.3 The Construction Manager shall provide administra- tive, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accor- dance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Proj- ect construction schedule incorporating the activities of the ContractOrs on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of prod- ucts requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occu- pancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractors, the Construc- tion Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost, The Construction Manager shall show actual costs for activities in progress and esti- mates for uncompleted tasks by way of comparison with such approved estimate. 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. 2.3.1 The Construction Phase will commence with the award of the initial Construction Contractor purchase order and, together wit~ the Construction Manager's obligation to pro- 2.3 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION. CONTRACT 2.2.1~Following the Owner's ;ipproval of the ConstructiQI1 pocu.ll1ents, the Constructiqn M;inagershallllpdate and sUQ- mit theiatest estimate of construction Cost and the Project construction schedule. for the. Architect's review and the Owner's approval. 2.2.17 The Construction Manager shall submit. the list of prospective bidders for the Arc.hitect's review and . the Owner's approval. 2.2.18 The Construction >Managersl1all develop bidders' in- terest in the Project and establish bi<;lding schedules. The Construction .Jl..ianager, With. the assistance of the . Architect, sh;ill issue bidding documents to . biqders and conduct. pre- bid conferences with prospective bidders.. The Construction Manager shall assist the. Arc}1iteCtvvith. regard to questions from bidders and with the issuance of addenda. 2.2.19 The Construction Manager sh<l-ll receive bids, prepare bid analyses and make recommendations to the Owner for the owner's award of Contracts or rejection of bids. 2.2.20 The.Construction Manager shall assist the Owner in preparing Construction Contractsandadvise the Owner on the acceptability of Subcontr;ictorsand material suppliers proposed by Contractors, 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits forpermanc;'nt improvements, except for permits required to be obtained qirectly by the )'JrIOusContractors. The Construction Mana. ger shall verify that the Owner has. paid applicable fees and assesSments. The Construction Manager shall assist the Owner and Architect in connectiOn with the Owner's responsibility for filing documents required for the approvals of govern- mental authorities having jurisdiction over the Project. 2.2.13 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional ser- vices of surveyors, special consultants and testing laboratories required for the Project. 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. and completiOn required of each COl1tractor, ordering and delivery of products requiringlong lead time, and the occu~ pancy requirements of tbe Owner. The Construction Man- ager shall provide the current Project construction schedule for each set of bidding documents, 2.2.12 The Constructiori..Man;igershaUexpedite.and .coor, dinate the ordering and delivery of materials requiring long lead time. AlA DOCUMENT B801/CMa . OWNER-COl''lSTRVCTION MANAGER AGREEMENT .1992 EDITION . AIA@ . @1992 . THE AMERICAN INSTITUTE OF ARCHITECTs, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200()6-~292 . WARNING: Unlicensed photocoPYlng violates tls,1lOfJY\'I9ht laws 8nd will subject the violator to legal prosecution, B801/CMa-1992 4 2.3.11.1 Based on the Construction 'Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall review arid certify the amounts due, the respective Contractors. 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment lYased on theContracrors' Certificates for Payment. 2.3.11.3 The Construction Manager's (:ertification for payment ,sllall,constitute a representation to the Dwner, based on the Construction Manager's detetminations at the site as pro- vided in Subparagraph 2.3,13 and on tne clata comprising the Contractors" Applications for Payment, that,. to' the best of-the ConstruCtion Manager's knowledge, information belief, the Work has progressed to the point indiCated the quality of the Work is in accordance with the Contract uments. The foregoing representations are subject to e-vali.I<ltion of the, Work for conforIlYance with the ontract Documents upon Substantial Completion, to Its of subsequent te.sts and inspections, to minor atlons from the Contract Documents correctable prior to completiOn and to specific qualifications expressed by the COl1struction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is emitled to payment in the amount certified: 2.3~11.4 The issuance of a, Certificate for Payment shall not be a representadbn that the Construction Manager has (1) made exhaUstive or con~inuous on-site inspt::ctions to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or pr\>cedures, (3) reviewed copies of requisitiOns received from SubcomraclOfS and material suppliers and other data requested by the Owner to substantiate the Contractor's payment or (4) ascertained how or for what purpose .ontractor has used money previously paid on account of the Contract Sum. 2.3.12 The Construction Manager Shall review the safety . programs developed by each of the Contractors for pur- poses of coordinating the safety programs with those of the other ContractOrs. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct cOlltrol over or charge ofthe aCts or omissions of the Con- tractors, Subcontractors, agents or employees of the Con- trac'tOrs or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager, 2.3.13 The Construttiol) Manager shall determine in gen- eral that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficien- cies in the Work, A5 appropriate, the Construction Manager shall have authority, upon. written authorization from the Owner, to require additional inspection or testing of the Work tn. accordance with the provisions of the Contract Documents, whether or not such Work is fabricated" installed or com- pleted. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.14 the Construction Manager shall schedule and coor- dinate the sequence of construction in accordance with the Contract Documents and the latest approved Project con- struction schedule. 2.3.15'With respect to each Contractor's own Work, the Con- struction Manager shall not have control over or charge of 2.3.20 tn collaboration with the Architect, the Construction Manager shall establish and implement procedures for expe- diting the processing and approval of Shop Drawings, Prod- uct Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data; Sam- ples and other submittals from the Contractors. The Construc- tion Manager shall coordinate submittals with information contained in related documents and transmit to the Archi- teCt those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable pro1J1ptness as to cause no delay in the Work or in the .activities of the Owner or Contractors, 2.3.21 The Construction Manager shall record the progress of the Project. The construction Manager shall submit writ- ten progress reports to the Owner and Architect including in- formation on each Contractor and C<lch Contractor's Work, as well as the entire Project, showing percentages of com- pletion. The Cc)Ostruction Manager shall keep a daily log con- taining a record of weather, each Contractor's Work on the site, number of workers. identification of equipment, Work accomplished, problems encountered, and other similar rele- vantdata as the Owner may require. 2.3.22 The Construction Manager shall maintain at the Proj- ect site for the Owner one record copy of aU Contracts, Draw- ings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor Ieve\sand key site elevations certified by a qualified surveyor or profes- sional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the PrOject shall deliver them to the Owner. and shall not be responsible for construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contrac- tor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contrac- tor's failure to carry out the Work in accordance with the respective Contract Documents. The Construction Manager shall not have conteDl over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing ponions of the Work not directly employed by the Construction Manager. 2.3.16 The Construction Manager shall transmit to the Archi- tect requests for interpretations of the meaning and intent of the brawings and Specifications, and assist in the resolution of questions that may arise. 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifi- catIons to the Documents. 2.3.18 The Construction Manager shall assist the Architect in " the review, evaluation and documentation of Claims. AlA DOCUMENT B801ICMa - OWNER.CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AlA"' - '@1992- THE AMERICAN INSTITUTE OF ARCHITECfS. 1735 NEW YORK AVENUE, NW., WASHINGTON. D.C. 20006.5292 - WARNING: Unlicensed photocopying violates Us. copyright laws and will subject the violator to legal prosecution. 5 B801/CMa-1992 4.1 The Owner shall provicte full information regarding requirements for the Project, including a program which shall set forth the Owner's objectiv~s, schedule, constraints and criteria, including space requirements and relationships,. flex- ibility, expandability, special equipment. systems, and. site requirements. 4.2 The Owner shall establish and updare an overall budget for the Project based on consultation with theConstrvction Manager anctArchitect, Which.shall include the Construction Cost, the Owner's. other costs and reasonable contingen- cies related to all Of these coSts. 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorizect to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render deci- sions in a timely manner pertaining to documents submitc ted by the Construction Manager in orderto avoid unreasonable del<lY in the orderly and sequential progress of the Construction Manager's. services. 4.5 The Owner shall retain an architect whose services, du. ties and responsibilities are described in the edition ofAIA ARTICLE 4 OWNER'S RESPONSIBiliTIES 3.3..1.. Providing services relative to future faciliti{}s,systems and equipment. 3.3.2 Proviping s{}rvlcesto investigate. existing conditions or facilitjes or to provide measured drawings thereof. 3.3.3 PtOvidingservices to verify the accuracy of drawings or other information furnished by the Owner. 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of .fur. niture, furnishings and related. equipment. 3.3.5 Providing services for tenant improvements. 3.3.6 Providing any other services not otherwise included in this Agreement. 3.3 OPTIONAL ADDITIONAL SERVICES 3.2.4 ProViding services in evaluating an. extensive nvmj)er of claims submitted by a Contractor or othersin connection with the Work. 3.2.5 Providing services in connection With a pl.1blic hear- ing,arbitrationproceedingor legal proce~ding except where the Construction. Manager is party thereto: changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.3 Providing services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or Contractor under a Con- tract for Construction. \ \ 3.2.1 Providing services required because of significant 3.2 CONTINGENT ADDITIONAL SERVICES :U.1 The services describedinJhis Articld are not included in ~asic Services unless soid{}ntified il1 Article 14, and they shall b{}paid for by the Owner as prQVicted in this Agree. ment, in addition to the compensation for Basic Services. The ()ptional Additional Services described under Paragraph 3.3 shall only be provided if authorized or confirmepin writing by the Owner. If serviceS described under Contingent Addi- tional Services in Paragraph .3.2 are required due to dr- cumstances.beyond the Construction Manager's control, the Construction Manager shall notify. th~ Owner prior to com- mencing such services. If the Owner deems .that such services d.escribed under Paragraph 3.2 are not required, the Owner shall give prompt written notice. to the Construction Manager. If the Owner indicates in writing that all or part of such Contingent. Additional Services are not. required, the. Con- struction Manager shall have no obligation to provide those services. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner-purchased materials. systems and equipment that are a part of the Proj- ect until such items are incorporated into the Project. 2.3.24 With the Architect and the Owner's maintenance per- sonnel, the Construction Manager shall observe the Contrac- tors' final testing and start-up of utilities, operational systems and equipment. 2.3.25 When the Construction Manager considers each Con- tractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conduct- ing inspections to determine whether the Work or designated portion thereof is substantially complete. 2.3.26 The Construction Manager shall coordinate the cor- rection and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conduGting final inspections. 2.3.21 The Construction Manager shall secure and trans- mit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the. Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreason- ably withheld. 6 AiA DOCUMeNT B801/CMa . OWNER-CONSTRt.:CTION MANAGER AGREEMENT. 1992 EDITION . AlA'" . @19')2 . THE AMERICAN INSTITUTE OF ARCHITECTS. 173'; NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-S292 . WARNING: Unlicensed pllotocclpJlng violates u.s, Copvright laws and will subject the violator to legal prOsecution. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days afrer submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construc- tion Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between ~he date of submission of the Construction Documents to the Owner. and the date on which proposals ate sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) iS,exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction Manager's estimate of other elements of Construc- tion Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; , .2 authorize rebidding or renegotiating of ect within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 9.3; or . 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.1.3, Construction Cost shall also include the compensa- tion of the Construction Manager and Construction Man- ager's consultants. 5.1.1 The mated cost to designed or spe 5.1.2 . The Construction Cost shall include the cost at current market,rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially pro- vided fQr by the Architect, plus a reasonable allowance for theCoi1iractors' overhead and profit. In addition, a reason- . able allowan.ce for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Subparagraph \ 'struction Manager with Documents. . '~.j AlA DOCUMENT B801/CMa . OWNER-CONSTRUCTIoN MANAGER AGREEMENT. 1992 EDITION. AlA'" . @1992 . THE. AMERICAN INSTITUTE OF ARCHITECTS. 173~ NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292 . WARNING: Unlicensed photoc:opylng violates U.S. copyright laws and will subject the violator to legal prosecution. 7 B801/CMa-1992 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the COnstruction Manager shall be.com- pensated for services performed prior to. notice of such suspension; When the Project is resumed, the Constructicm Manager's compensation shall be equitabIyadjusted topro~ vide for expenses incurred in the interruption and resump- tion of the Construction Manager's services. 9.3. This Agreement maybe terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the. Project is permanentlyaban~ doned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may ter- minate this Agreement by giving written notice. 9.4 Failure of the Owner to make payments to the Construc- tion Manager in accordance with this Agreement shall be con- sideredsubstantial nonperformance and cause fortermination. 9.5 If the Owner fails to make payment when. due the Construction Manager forservices andexpenses,lhe Con- struction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the ! 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance With the terms of this Agreement through no fault of the party initiating the termination. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT 8.3 No arbitration arising out of or relating to this Agree- merlt shall include, by consolidation, joinder or in any other manner, an additional person or entity not.;I party to this Agreement, except by written consent containing a specific reference to thiS Agreement signed pytheQwner, Construe- tionManager, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in thewritten>consent or with a person or entity not named described therein. The foregoing agreement to arbitrate other agreements to arbitrate with an additional person or en~ tity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance With applicable law in any court having jurisdiction thereof. 8.4 The award rendered by the. arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdictiol1 thereof. Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. 8.2 Demand for arbitrationshall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after theclaim,<dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 8.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this ARTICLE 8 ARBITRATION 7.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by th~ Contractors is described. The Construction Manager may retain one record set. The Construction Manager shall not own Or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common 1aw,statutoryand other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or Suitably accounted for to the Architect, on request, upon com- pletion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof fur- nished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Con- struction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Construc- tion Manager is granted a limited licen,seto use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the performance of ~heConstruction Manager's services under~his Agreement. All copies made under this license shall bear thes~at\.1tory copyright notice, if any, shown on the. Drawings, Specifica" tions and other documents prepared by the Architect. Sub- mi~tal or distribu~ion to meet official regula~ory requirements or for other purposes in connection wi~h ~his Project is not to be cons~rued as publica~ion in derogation of the Archi- tect's copyrigh~ or other reserved rights. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 Cons~ruction support aCtivities, if provided by the Con- struction Manager, shall be governed by separate contrac- tual agreements unless otherwise provided in Article 14. 6.2 Reimbursable. expenses. listed in Article ..14 for construc- tion support ac~ivities may be subject to. trade discounts, rebates, refunds. and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, andtheCons~ruction Manager shall make provisions so that they Can be secured. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES .4 cooperate in revising theProjectscope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Construction Manager, . without additional charge, Shall cooperate with the Owner and ArchiteCt as necessary to bring the Construction CoSt. within tl1e fixed limit, if established as a condition of this Agreement. B801/CMa-1992 8 AlA DOCUMENT B801ICMa . OWNER-CONSTRLCTION MANAGER AGREEMENT. 1992 EDITION . AIA@ . @J992 . THE AMERICAN INSTITUTE OF ARCHITECiS, 1735 NEW YORK AVENVE. N.W.. WASHINGTON, D.C. 20006-5292 · WARNING: Unlicensed photocopying violates 11S. copyright laws and will subject the violator to legal prosecution. 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 DIRECT PERSONNEL EXPENSE 11.1.2 The insurance required by Subparagraph ll.l.l shall be written for not less than limits of liability specified in Arti- cle 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of operations under this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.1 The Construction Manager shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Construction Manager from claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .1 claims under workers compensation, disability"' benefit and other similar employee benefit acts which are applicable to the operations to be performed; .2 clai\11s for damages because bfbodily injury, occu- pational sickness or disease, or death of the Con- struction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (I) by a per- son as a result of an offense directly or indirectly. rdated to employment of such person by the Con- struction Manager, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership. maintenance or use of a motor vehicle. ARTICLE 11 INSURANCE 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE 10.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A20l/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 10.3 Causes of action between the parties to this Agree- ment pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rightS against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20IlCMa, General Condi- tions of the Contract for Construction, Construction Manager- Adviser Edition, current as of the date of this Agreement. The Owner and Construction Manager each shall require similar. waivers from their Contractors, Architect, consultants, agents, and persons or ent.ities awarded separate contracts adminis- lered under the Owner's own forces. 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agree- ment. Neither Owner nor Construction Manager shall assign this Agreement without the written consent of the other. 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Con- struction Manager. 10.7 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a ARTICLE 10 MISCEllANEOUS PROVISIONS 9.6 In the event of termination not the fault of the Construc- tion Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Ex- penses as defined in Paragraph 9.7. . . 9.7 Termination Expenses are those costs directly attribut- able to termination for which the Construction Manager is not otherwise compensated. third party against either the Owner or Construction Manager. 10.8 Unless otherwise provided in this Agreement, the Con- struction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, han- dling, removal or disposal of or exposure of persons to hazar- dous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. , t Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice, In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused'to the Owner because of such suspension of services. \. AlA DOCUMENT B801/CMa . OWNER-CON~TRUcrION MANAGER AGREEMENT. 1992 EDITION . AIA@ . @1992 . THE AMERICAN IN~TITUTE OF ARCHITECTS. 173S NEW YORK AVENUE, NW., WASHINGTON. D.C. 20006-S292 . WARNING: Unlicensed photocopying violatesUS. copyright laws and will subject the violator to legal prosecution. 9 B801/CMa-1992 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct.Persormel Expense shall be available to the Owner or the Owner'sauthorizedrepresen- tative at Il1utually convenient times. 12.6 CONSTRUCTION .MANAGER'S ACCOUNTING RECORDS 12.5.1 No dedllctions shaH be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheldJrom payments to Contrac- tors, or on account of the cost of changes in Work other than those for which the Construction M;mager has been found to be liable. 12.5 PAYMENTS WITHHELD 12.4.1 Payments on account ofrhe Construction Manager's Additional Services and for Reimbursable Expenses shaH be mademOmhly upon presentation of the Construction Man- ager's st;ltementofservicesrendered or expenses incurred. 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES extended through no fault of the Construction Manager, com- pensation for any services rendered during the. additional period of time shaH be computed in the manner set forth in Subparagraph 13.3.l. 12.3.4 . When compensation is based on a percentage of Con- struction Cost and anyportionsof the Project are deleted or otherwisenotconstructed, compensation forthose portions of the Project shall be payable to the extent services are per- formed 00 those portions, in accordance with Subparagraph 13.2.1, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the latest approved estimate of such portions of the Project. { 12.3.1 An initial payment as set forth in Paragraph 13.1 is the minimum payment under this Agreement. 12.3.2 Subsequent payments for Basic ServiCes shall be made monthly and, where applicable, shaH be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 13.2.l. 12.3.3 If and to the extent that the time initially established in Subparagraph 13.5.1 of this Agreementis exceeded or 12.3 PAYMENTS ON ACCOUNT. OF BASIC SERVICES 12.2.1 Reimbursable Expenses are in addition to cOIl1pensa- tion for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. 12.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authQrizedout-of-town travel; long-distance communications; . and fees paid for se- curing approval of authorities having jurisdiction over the Project. 12.2.1.2 Expense of reproductions, postage, expressdeliv- eries, electronic facsimile transmissions and handling of Draw- ings, Specifications and other documents. 12.2.1.3.. If.authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 12..2.1.4 .. Expense Of additional insurance coverage or limits requested by theOwoer in excess of that normally carried by the Construction Manager. 12.2 REIMBURSABLE EXPENSES ~;;;tG..~ fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits, B801/CMa-1992 10 AlA DOCUMEN1 B801/CMa -OWNER-CONSTRUCTION MANAGER AGREEMENT. . 1992 EDITION · AIA@." @1992-. THE AMERICAN INSTITUTE OF ARCHITECTS,. 1735 NEW YORK AVENUE, N.W., WASHINGTON, Oc::. 20006-5292 . WARNING:Un/icensed photQcOpylng violates U.S. copyright laws and win subjeCt the violator to legal prosecution. 13.5.3. The rates andmuItiples set forth for Additional. Services shall be annually adjusted in accordance With normal salary review praCtices. of the Construction Manager; ([isur.)' lau:s anci requiremelltsunder the Federal Truth in Lending Act, similar state and local wnsumerCrectitlaws Wid other rellulations at the Qwner .:, and COllstruction. Mana!wr 's principat places of business. the location of the Project and elsewhere ma)' affect the mtidi!.)' of this prol'isioll Specific lep,aladl'ice should he ohtaitled with respect.to deletions or modifications, and atso regarding requiremet/ls such as u..-ittendisc/osllres or wail'ers.) 13.5.1 IFTHE BASIC SERVICES covered by this Agreement have not been completed\vithin .. ( ) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Subparagraphs 12.},3 an<l13.3.1. 13.5.2 Payments are due and payable () days from the date of the Construction Manager's invoice, Amollnts unpaid . . ()days after the invoice date shallbearlnterestat the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construc- tion Manager. (Insert rate of interest aWeed upon.) 13.5 ADDITIONAL PROVISIONS 13.4.1.. FOR. REIMBURSABLE EXPENS ES, . as described. in. Paragraph .12.2, and anY9ther items included in. Article 14 as Reim- bursable Expenses, a multiple of .. .. (. ) times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of theProjeqL 13.4 REIMBURSABLE EXPENSES (Insert basisoI fO!l1P'1llSatioll...includingrates and/ormuitiplesof Direct PersollllelHx/Jense for Prillcil!als alldelrzPloyees.. audit/eutiJ)' Principals alld classi/v <:mp/oyees.!{ reqli/red Idelllll)' specific serl'ices towblch particli/ar methods oj compensatiOll app/y.ijllecessarl'.) 13.3.1 FORADDITIONAL.SERVICESOFTHECONSTRUCTION MANAGER,as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be cOmputed as follows: 13.3 COMPENSATION FOFt ADDITIONAL SERVICES (lll.'iert .hasi,'j <?(C(unpeJlsat/( )/1.. inclut/in/!,stipulated sUfns.multiples.or percellta/!,es.) For ConStruction Phase Services: (lnserthasis ofcompeJl.'\ation... including stipulated surrts.inllltlple~''i or percenta?,es.) 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed as follows: For Pre-Construction Phase Services: 13.2 BASICCOMPENSATION The Owner shall compensate the Construction Manager as follows: 13.1 ANINITIALPAYMENT of. . ... ... . Dollars ($ shall be made upOi1 execution of this Agreement and credited to the Owner's account at final payment. ARTICLE 13 BASIS OF COMPENSATION B801/CMa-1992 11 AlA DOCUMENl'B8Q1/cMa.. OWNER-CONSTRUCTION MANAGER AGREEMENT .1992 EDITION." AIA@. @1992 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WA$HINGTON, D.c.20006-5292.. WARNING: Unlicensed phOtOcopying violates US. copyright laws and will subject the violator to legal prosecution. DI CAUTION: You should signa." original AlA document.. which has this caution printed in red. . i ..1 An o.rigin. alassure.s that changeswiUnot be obscured as may occur when documents<are reproduced. . See Instruction Sheet for L.imited L.ic.ense for Reproduction of this document. (Prirlted name and tit/e) (Printed name and fit/e) (Signature) (Sillnature) CONSTRUCTION MANAGER OWNER This Agreement. entered into as of the day. and year first written above. }\ Thejnsurarice required by Article 11 shall be written for not less than the following limits, orgreater if required by law; (Insert the specijic dollar amounts for the appropriate insurance limits of Iiahili(li.) 14;1 Limits. on Insurance (Inser~ descripti(JJls.oIo~bersert'ices. identify Additional Serl'icesincluded within Basic Compensation and .modij1catious (Ulbe paywentalldcompensati(1u termsincl/lded in Ibis Agreement.) ARTICLE 14 OTHER CONOnlONS OR SERVICES (See next page) 5.6 GWOBrochure p 15 George W. Olsen Construction Co., Inc. 1902 S. Greeley Street P.O. Box 20 Stillwater, MN 55082-0020 (612) 439.5410 Thank you for the opportunity to present the George w. Olsen Construction Company, Inc. (GWO) story. It is most important to develop a mutual trust between owner, architect and contractor. With a better understanding of our operation and its history you can develop this confidence. GEORGE W. OLSEN CONSTRUCTION CO., INC. OJO 1935 - At age 22, Dick took responsibility as president to complete the one and only major project the company had at the time - a pro- ject so major that it would eventually affect the future of the organization. But George had also left Dick a well trained crew with a desire to do quality work at the best price, and a company of unquestionable integrity. A new corporation was formed known as George W. Olsen Construction Company, Inc. (GWO). And to- day, the tradition which began in the early 1900's continues. In 1943, George Olsen, the fourth of five sons, formed Geo. W. Olsen, General Contractor. The new company started with residen- tial and small remodeling projects and in 1952 moved into the com- mercial field exclusively. Under George's leadership, the company did extensive work in the western Wisconsin and eastern Minnesota areas, including such projects as: St. Charles Catholic Church in Bayport, Minnesota; the University of Wisconsin - River Falls Library; and Tozer Gymnasium at Stillwater Junior High School. In March of 1958, two weeks after the company was awarded the contract to build the student union building at the University of Wisconsin - River Falls, a heart attack claimed George's life. His son Dick then assumed leadership of the company. 1858 - 1930 1895 - 1958 George W. Olsen Construction Co., Inc. is a third generation builder. The first generation was O. H. Olsen Construction, one of the larger contractors in the area in the early 1900's. O. H. Olsen Construction built the Lowell Inn and the Minnesota State Prison in Stillwater, Minnesota, the Cathedral in Sioux Falls, South Dakota, and the State Capital Building in Pierre, South Dakota, to name a few projects. In 1918, O. H. retired at the age of 62 and his brothers and sons continued the tradition he began in the Midwest. HISTORY GJO GJb . We are a company that still believes in giving close per- sonal attention to each project. Our project managers keep in extremely close touch by making frequent job site visits and telephone contact with the project superintendent. . We are very competitive bidders. We are among the top three bidders 85% of the time and are the low bidder approximately 50% of the time. . Many business people have placed confidence in our firm in the past. We have a high degree of repeat business. . We have built a solid financial foundation. No liens have been filed agains,t George W. Olsen or the George W. Olsen Construction Company, Inc. We are willing to cooperate in any reasonable manner to protect the owner from financial difficulty. . We are contractors, not construction brokers. We have our own concrete, masonry and carpentry crews. . Our well qualified crews are led by working superintendents to ensure excellence in construction. GWO TODAY IS DESIGNED TO OFFER THE FOllOWING BENEFITS: TODAY Rose of Sharon Educational Building - Cottage Grove, MN Prince of Peace Lutheran Church - Burnsville, MN Church of Latter Day Saints - Hager City, WI Church of Latter Day Saints - Little Canada, MN St. Croix Valley United Methodist Church - Lakeland, MN The First Presbyterian Church - Sti IIwater, M N Gethsemane Lutheran Church - Baldwin, WI St. Michael's Catholic Church Choir/Organ Loft - Stillwater, MN World Theater Renovation - St. Paul, MN Piper Jaffray Hopwood Office - Sti Ilwater, M N Washington County Historic Courthouse - Stillwater, MN Job Corps Center - St. Paul, MN RESTORATION: RELIGIOUS: Minnesota Department of Transportation Addition - Oakdale, MN Weyerhauser Co. - White Bear Lake, MN Yocum Oil Co. - Hudson, WI Red Wing Shoe Co. - Red Wing, MN Hazelden, Inc. - Center City, MN Bailey Nurseries - Newport, MN S.B. Foot Tanning Co. - Red Wing, MN Corner Kick Indoor Soccer Arena - Maplewood, M N Stillwater Country Club Remodeling - Stillwater, MN YMCA Addition - Red Wing, MN Ice Arena - Stillwater, MN High School Football Stadium - St. Paul Park, MN WAREHOUSES: RECREATIONAL: McGladrey Office Building - Stillwater, MN Eckberg, Lammers, Briggs, Wolff & Vierling Law Office - Stillwater, MN Washington County Human Services Building - Oakdale, MN UFE Office Building - Stillwater, MN S.B. Foot Tanning Co. - Red Wing, MN Red Wing Shoe Co. - Red Wing, MN University of Wisconsin Bell Tower - River Falls, WI School Additions - Baldwin/Woodville, WI Central Junior High School - Forest Lake, MN Carnegie Library Addition - Stillwater, MN University of Minnesota Observatory - Marine-on-St. Croix, MN Misc. Buildings, University of Wisconsin - River Falls, WI Misc. Buildings, School District #834 - Sti IIwater, M N Misc. Buildings, School District #833 - St. Paul Park, MN OFFICE BUILDINGS: Lind Shoe Company - Somerset, WI Classic Motorbooks - Osceola, WI Donaldson Co. Addition. - Baldwin, WI S.B. Foot Tanning Co. - Red Wing, MN Meyer Industries - Hager City, WI Red Wing Shoe Co. - Red Wing, MN Fabri-Tek - Amery, WI EDUCA TIONAL: FACTORIES: COMPLETED PROJECTS GJO S.B. Foot Tanning Co. Main Office Red Wing, Minnesota World Theater Restoration St. Paul, Minnesota GJO 1st National Bank Addition Stillwater, Minnesota River Valley Professional Building Sti IIwater, M i n nesota MISC.: Post Office. River Falls, WI Fire Station. Maplewood, MN High Security Prison, Concrete work . Oak Park Heights, MN Municipal Building & Library - Cottage Grove, MN Telephone Building - Houlton, WI Telephone Building - Hudson, WI National Guard Armory - Red Wing, MN City Hall & Garage - Osceola, WI City Hall - Inver Grove Heights, MN Minnesota State Prison, Remodeling . Bayport, M N Municipal Building - Spring Valley, WI NW Bell Telephone Building . Stillwater, MN Metropolitan Waste Water Treatment Plant/Lab Addition, St. Paul, MN Countryside Motors - Maplewood, MN Red Owl Store - River Falls, WI Snyder Bros. Drug Store - Stillwater, MN Simonet Mortuary - Stillwater, MN Erickson's Food Store Addition . Red Wing, MN r Appleton, WI Blaine, MN Brooklyn Park, MN Burnsville, MN Colorado Springs, CO Cottage Grove, MN Fridley, MN Green Bay, WI (2) Little Canada, MN Maplewood, MN Milwaukee, WI Stillwater, MN (2) PUBLIC: CUB FOODS STORES: Lakeview Memorial Hospital Addition . Stillwater, MN River Valley Professional Building - Stillwater, MN Valley Dental Arts - Stillwater, MN Amery Hospital Addition - Amery, WI Croixdale Nursing Home - Bayport, MN Elm Nursing Home - Stillwater, MN Nursing Home - Ellsworth, WI Ladd Memorial Hospital-Extended Care Unit - Osceola, WI St. John's Hospital Addition - Red Wing, MN Simenstad Clinic - Osceola, WI Vasa Lutheran Home, Addition & Remodeling - Red Wing, MN First National Branch Bank . Stillwater, MN First National Bank Addition - Stillwater, MN Goodhue Co. Drive-In Bank - Red Wing, MN Cosmopolitan State Bank - Stillwater, MN Federal Savings & Loan - Red Wing, MN River Falls State Bank - River Falls, WI BANKING: MEDICAL: COMPLETED PROJECTS CON'T GJO UFE Main Office Building Stillwater, Minnesota National Guard Armory Red Wing, Minnesota Cub Foods Store Stillwater, Minnesota OJO Gethsemane Lutheran Church Baldwin, Wisconsin WE STAND BEHIND OUR WORK! We negotiate for labor, fee and contract terms (which are 10.15% of the project cost). The remainder of the project is bid. We will obtain a minimum of 3 bids for each work classification. This gives you the best of both worlds. And, as always, · Give GWO an opportunity to participate with the owner and the architect in developing final plans and schedules. This allows you to benefit from our knowledge regarding cost and time-saving methods of construction. · Give GWO a better understanding of: -the owner's needs and desires, -the design and layout the architect wishes to achieve. This also gives a "soul" to the project which cannot be obtained by just looking at the plans and specifications. · Create a "team" concept in which owner, architect and GWO use their respective expertise in decision-making, project changes and scheduling. · Assure that you work with a qualified contractor who will produce a quality product. · Make the "fast track" project more feasible. · Encourage cost control of the project since GWO will: -be involved in preliminary cost estimates, -provide you with a "Not to Exceed" cost (excluding changes), and -retu rn the savi ngs to you! WE FEEL NEGOTIATION IS IMPORTANT BECAUSE IT WILL: We started building dreams in the early 1900's, and we are still building dreams today. We accomplish this by working with the owner and the architect, and we prefer to begin by negotiating a contract. AND TODAY, THE TRADITION CONTINUES GJO George W. Olsen Construction Co., Inc. 1986 Geo. W. Olsen, General Contractor 1948 ., O.H. Olsen Construction 1910 GJO GJO Estimator/Project Manager . . . . . . . . . . . . . . . . . . . . . . . . Jeff Peterson Project Manager/Warehouse Manager. . . . . . . . . . . . . . . . . . Jeff Olsen Receptionist/Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . Marian Wicker Secretary/Computer Specialist. . . . . . . . . . . . . . . . . Mary Kay Johnson OFFICE PERSONNEL I President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard N. Olsen Executive Vice President . . . . . . . . . . . . . . . . . . . . . Daniel E. Corcoran Vice President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert C. Nelson SecretarylTreasurer . . . . . . . . . . . . . . . . . . . . . . . . . Daniel E. Corcoran OFFICERS GEORGE W. OLSEN CONSTRUCTION CO., INC.