HomeMy WebLinkAbout1997-01-21 CC Packet
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REVISED AGENDA **
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-3
January 21, 1997
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SPECIAL MEETING
REGULAR MEETING
4:00 P.M.
7:00 P.M.
4:00 P.M. AGENDA
CALL TO ORDER
ROLL CALL
1. Workshop: Utilities in annexation area
2. United Waste - yard waste proposal
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - January 7, 1997, Regular and Recessed Meetings
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Recognition of retiring Water Board Commissioner (Resolution 97-25)
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.
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CONSENT AGENDA *
1. Resolution 97-20: Directing Payment of Bills.
2. Purchase of Base Station radio - Fire Department
3. Purchase of computer, scanner, and accessories - Fire Department
4. Purchase of file cabinet - Engineering Department
5. Resolution 97-21: Tobacco License, Gerrard Busman dba Tobacco City, 2040 Market Drive
6. Resolution 97-22: Permanent employment of Diane Ward as secretary
7. Contractors License Renewals: Wallmaster Home Improvements; Suburban Lighting Inc.; Stocker
Excavating Co.; 3M
8. Resolution 97-23: Accepting Project and authorizing final payment to Bailey Construction - L.I.
310, 1995 Sidewalk Project
9. Resolution 97-24: Accepting Project and authorizing final payment to Tower Asphalt - L.I. 312,
1995 Street Projects
10. Approving attendance at Clerks and Finance Officers conference - City Clerk
11. Resolution 97-26: Accepting Project and authorizing final payment to Volk Sewer and Water -
L.I. 306, Highlands Sixth Addition
12. Purchase of computer and accessories - Planning Department
13. Approval of Service Agreement - Copy Duplicating Services
14. Resolution 97-27: Application for MN lawful gambling premise permit, BPO Elks #179,
Madcapper Sqloon & Eatery
City Council Meeting No. 97-3
January 21, 1997
STAFF REPORTS
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1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
UNFINISHED BUSINESS
1. Update: St. Croix Valley Sports Complex
2. Possible appointment to Water Board
3. Discussion of Oak Park Heights request to mediate bridge issue
NEW BUSINESS
1. Transfer of On-sale Liquor License & Tobacco License - JEMA Pub, Inc., dba Wildriver/Orleans
Cafe (Resolutions - 2)
2. Reapportionment of Assessments -
L.I. 251 - Parcels #9033-2125 (Parcel A) #9033-2120 (Parcel B) (Resolution)
3. 1996 Transfers of funds
4. Employee Assistance Program (Resolution)
PETITIONS, INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT Possible adjournment to executive session to discuss pending litigation
* 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
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<07 t/zLc'
MEMORANDUM
TO:
Mayor and City Council
FROM:
Morli Weldon, City Clerk
SUBJECT:
Reminders
MARTIN LUTHER KING~ JR. DAY
The offices will be closed on Monday, January 20th in observance of the Martin Luther
King, Jr. holiday.
DENNIS MCKEAN'S RETIREMENT OPEN HOUSE
Dennis McKean's Retirement Open House will be held on January 28th, 2:00 - 5:00 p.m.
at the Water Board offices.
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~ JAN-21-87 11,46 FROM,PEMTOM LAND COMPANY
~The
10,6128378635
PAGE
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Pemtom Land Company
WESTvVOOD PROFESSIONAL BUILDING
14180 HIGHWAY FIVE
EDEN PRA.IPJE, MINNESQT A 55344
(612)937-0716 · FAX937-8635
,
TO: Mayor - Members of Stillwater City Council - City Staff
SUBJECT: Proposed Agreement for Reimbursement of Expenses
DATE: January 21. 1997
I am in receipt ofa letter dated January 15, 1997 tranSmitting a proposed Agreement
between the City of Stillwater and four developers collectively. I have been in the building
and development business for 28 years and this proposed Agreement is unprecedented and
unfair .
Generally, until developers have secured some vested interest in the property such as a
preliminary plat, municipalities normally charge application fees and reimbursement of
direct expenses the City may incur specifically related to an application such as planning
and engineering. Since applications for platting will not be accepted at this time and we
have received no formal response as it relates to our concept plans, a contractual
agreement of this nature appears premature.
Items of annexation or MUSA expansion are normally covered out of general City
accounts similar to what transpired \.Vith respect to preparing comprehensive plans,
feasibility studies, etc. In this case, the City is not in a position to grant any development
type approvals to prospective developers.
The fees that are proposed for the utility feasibility study in the amount of $50,000 and
AUAR in the amount of $90,000 pertain to the entire Orderly Annexation area.. This
includes not only developed land, but proposed lands owned by all participants in the
annexation area and should be allocated to the entire annexation area and not to Phase I.
If fees are allocated to specific development properties and there is a direct nexus between
the cost of those fees and the specific benefiting properties, nonnally letters of credit,
certificates of deposit collateral or similar collateral are utilized in lieu of a requested cash
deposit Generally, land owners, applicants, and developers should also have a voice in
challenging any unnecessary draws that \-vouId be made against such collateral.
Please do not construe the above request as a position of umvillingness to pay costs that
are directly related to our development requests. It would be helpful if both parties could
understand the future plans of the City as it relates to how trunk, area costs, and other
related improvements will be paid for. \Ve should both have the same agenda as it relates
to moving forward in a timely fashion and pro~iding quality improvements that are paid
JAN-21-87 11,46 FROM,PEMTOM LAND COMPANY
ID,6128378635
1-fayor) City Countil. City of Stillwater
January 21, 1997
Page 2
for by the benefiting properties_ We feel we can form a sound public/private partnership
that will provide a superior neighborhood that will be of lasting value to your community.
Sincerely)
Daniel J. Herbst
President
DJH/idt
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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,
W~stwood Professional Building, 14180 Highway 5, Eden Prairie, Minnesota 55344 (Pemtom), Charles
Cudd, Co., a Minnesota corporation, 1802 Wooddale Drive, Woodbury, Minnesota 55125 (Cudd), James
H. Bradshaw, 1310 Hillcrest Drive, Stillwater, Minnesota 55082 (Bradshaw), and Independent School
District No. 834, 1875 South Greeley Street, Stillwater Minnesota 55082 (834), collectively, (the
Developers) .
RECITALS
1. On August 16, 1996, the City 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.
2. Pursuant to the Orderly Annexation Agreement and on October 4, 1996, Phase I of the
property described in the Orderly Annexation Area became part of the City.
3. The Developers have requested that the City conduct planning, engineering and
enviromnental 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 the
Developers.
4. At the request of the Developers, 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,
estimated to be eighteen thousand and no/100 dollars ($18,000.00); the City has authorized Short, Elliott
and Hendrickson, Inc., its' consulting engineer, to conduct a feasibility study under Minnesota Statute
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~429 to determine whether a project consisting o(the extension of municipal utilities into the Orderly
Annexation is feasible (Feas~bility Study) and the estimated costs ofthis feasibility study is fifty thousand
and no/lOO dollars ($50,000.00); and the City entered a coritract. with Dahlgren, Shardlow and Uban,
Inc., consulting planners, landscape architects, 300 First Avenue North, Suite 210, Minneapolis,
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Minnesota 55401, to provide an en~ironmentalstudy of the Orderly Annexation Area under the
Alt,ernative Urban Areawide Review Process (AUAR) according to rules ofthe Minnesota Environmental
Quality Board (EQB) and the cost of this study is estimated to be ninety thousand and nollOO 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 (Study
Costs) .
2. As security for the payment of these costs, the Developers, upon execution of this
Agreement, will provide the City with a cash deposit (Deposit) in the sum of one hundred seventy-three
thousand eight hundred and no/lOO dollars ($173,800.00), which is one hundred ten percent (110%) of
the estimated cost of these studies. Each Developer will pay a percentage of the total Deposit equal to
the ratio that their acreage bears to the total acreage of the Developers.
3. The Developers will pay their share in full by February 1, 1997. If a share is not paid
on time, the City may halt all work on any of these studies until all shares are paid in full. Further, the
City will draw upon the security on deposit with the City in an amount equal to any invoice submitted
to it for study costs.
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4. If it should be aetermined, based upon studies done by the City, and in the discretion of
the City, that the City actually collects by Agreement or through assessments for local improvements
levied under Minnesota Statutes g429 or other means study costs from third parties, the City will,
consider providing to the Developers credit against future assessments or hook-up charges to be paid by
the Developers pro rata based upon the amount of their deposits. All interest that accrues on any sums
on . deposit with the City pursuant to this Agreement will remain property of the City. The City,
however, will be under no obligation to give a credit to a Developer because of the uncertainty of future
projects and changes in land ownership that may present conflicting claims to any credit.
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 payor 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.
7. The instrument may be executed in counterparts and will become final and binding as one
instrument when all of the parties have signed a copy.
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
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ATTEST:
Morli Weldon, Its Clerk
THE PEMTOM LAND COMPANY
By
Its
CHARLES CUDD, CO.
By
Its
JAMES H. BRADSHAW
James H. Bradshaw
INDEPENDENT SCHOOL DISTRICT NO. 834
By
Its
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.
.,
Notary Public
Subscribed and sworn to before me this day of January, 1997, by
the of The Pemtom Land Company.
Notary Public
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Subscribed and sworn to before me this _ day of January, 1997, by
the of Charles Cudd, Co.
Notary Public
Subscribed and sworn to before me this _ day of January, 1997, by James H. Bradshaw.
Notary Public
. Subscribed and sworn to before me this day of January, 1997, by
the of Independent School District No. 834.
Notary Public
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
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Memorandum
To:
Mayor & City Council
Marcy Cordes, Administr~ AJiSJ,t,
for the City Coordinator - r
January 16, 1997
From:
Date:
Re:
United Waste proposal for yard waste disposal
Background
In December of 1996, United Waste presented City staff with a proposal that the City mandate
use of biodegradable paper bags for the disposal of yard waste generated by Stillwater residents.
Currently, residents place yard waste in plastic bags for collection. Yard waste disposed of in
plastic bags cannot be sent to a registered compost site. Instead, United Waste is disposing of
Stillwater yard waste for a fee at Burberl Landscaping in Baytown Township. Apparently, yard
waste "contaminated" with plastic is not marketable at any price; as a result, all of the yard waste
collected in Stillwater over the last three years is still sitting on Burberl's property.
As an alternative, United Waste has proposed that the City switch to a completely biodegradable
bag which will allow disposal of Stillwater yard waste in a registered compost site--a solution
which should be both environmentally sound and much more economical than the current
system. United Waste has agreed to provide the biodegradable bags at no cost to City residents.
United Waste has also advised staff that the company anticipates a substantial reduction in their
costs if a compo sting system is implemented, and suggests a possible adjustment in the City's
rates, to be negotiated after an evaluation of program cost-savings at the end of this year.
Since yard waste cannot be accepted for compost unless it is completely free of plastic, the new
system can only be successful if the City mandates participation by all city residents. United
Waste has been working with surrounding communities to implement similar programs,
including Oak Park Heights, which will be holding a first reading of an amendment mandating
use of the bags at their next meeting. United Waste staffwill also be available at the January
21 st meeting to respond to any questions.
Recommendation
That Council direct staff to draft an amendment to the City's solid waste ordinance, requiring
Stillwater residents to dispose of all yard waste in biodegradable bags.
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 97-1
January 7,1997
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Acting Mayor Zoller.
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Present: Councilmembers Bealka, Cummings, Thole, Zoller
Absent: Mayor Kimble (arrived at 4:35 p.m.)
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
City Engineer Eckles
Building Inspector Zepper
Police Chief Beberg
Fire Chief Ness
City Clerk Weldon
Also: Mayor Schaaf
Councilmember Robert of Oak Park Heights
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
1. Dave Schaaf. Mayor of Oak Park Heights: Request for ioint council meeting to discuss
bridge issues.
Mayor Schaaf presented concerns regarding the proposed interstate bridge and the need to find a
new alternative that would be acceptable to state, federal, local governments and environmental
groups. He requested a joint meeting of the Stillwater and Oak Park Heights City Councils to
discuss the bridge issues. (Mayor Kimble arrived during presentation by Mayor Schaaf)
Motion by Councilmember Thole, seconded by Councilmember Bealka to set special joint
meeting with Oak Park Heights City Council for 4:30 p.m., Tuesday, January 14, 1997, at Oak
Park Heights City Hall. All in favor.
Mayor Kimble turned the gavel over to Acting Mayor Zoller. Mayor Kimble left meeting
temporarily.
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January 7, 1997
STAFF REPORTS
1. Finance Director
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Finance Director Deblon provided Council with information relating to the $65,810
property/casualty dividend received by the City from the League of Minnesota Cities
Insurance Trust.
2. Police Chief
Chief Beberg reported he was notified by Senator Wellstone's office that the City had
received a "Cops" Grant of $25,000 per year over a three year period for the hiring of a
new officer. He stated the new officer position had already been included in the 1997
budget.
He also reported Superior Ford has the State of Minnesota and Hennepin County contract
for purchase of squad cars and requested permission to buy off of the State contract for
the three marked squad cars included in the 1997 Police budget.
Motion by Councilmember Cummings, seconded by Councilmember Thole authorizing purchase
of three marked squad cars from Superior Ford (State of Minnesota contract). All in favor.
3. City Engineer
Councilmember Cummings requested the City Engineer investigate costs of hiring
contractor for snow removal.
Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing hiring
of contractor for snow removal on City pathways, contingent upon approval by City Engineer.
Ayes: Councilmembers Cummings, Bealka and Thole
Nays: Councilmember Zoller
Absent: Mayor Kimble
4. City Clerk
Councilmember Thole referred to a memo from City Attorney Magnuson which stated a
property owner on North Second, whose assessment notice for the 1996 sidewalk
improvement had an incorrect assessment amount listed for that lot, did not receive an
amended notice after the error was identified and corrected by Council, with the effect of
doubling the assessment. City Attorney Magnuson determined that, absent a new notice
and new hearing for that property owner, the city would be able to assess only the amount
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January 7, 1997
set forth in the original notice. Councilmember Thole suggested abating a portion of the
assessment rather than holding another public hearing, if the property owner agreed.
Motion by Councilmember Thole, seconded by Councilmember Bealka abating $150 of
assessment for PID 9270-3260, 1996 Sidewalk Improvements.
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: None
Absent: Mayor Kimble
5. Building Official
Zepper distributed 1996 Year End Report.
Mayor Kimble returned.
6.
City Attorney
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City Attorney Magnuson presented information regarding negotiations with Main Stream
Development Partnership with regard to the Maple Island site. He stated Karl Ranum,
representing Main Stream Development Partnership, had requested language for the
parking easement to include non-exclusive use of the parking spaces. (Action taken at
end of meeting).
City Attorney Magnuson reported he had, at the Mayor's request, inquired about the
possibility of intervening in the pending litigation in Federal Court with regard to the
proposed Stillwater bridge. He learned it would be yet timely for the City to bring a ~
Motion to Intervene in the litigation, and lawyers from the State of Minnesota had
informally indicated they would welcome participation of the City. He requested Cou cil
direction.
Councilmember Zoller stated he agreed the City should intervene, but would abstain from
voting becuae he is an employee of Mn/DOT.
Motion by Councilmember Bealka, seconded by Councilmember Thole directing the City
Attorney to prepare a Motion to Intervene in the litigation pending in Federal Court with regard
to the new Stillwater Bridge and join in the Motion for Summary Judgment and Declaratory
Judgment.
- ....
Ayes: Councilmembers Thole, Bealka, Cummings and Mayor Kimble
Nays: None
-
'"'
-'
January 7, 1997
.
Abstain: Councilmember Zoller
7. City Coordinator
City Coordinator Kriesel stated the Great Northern Coalition had requested a
representative from the City take part in a panel discussion in International Falls where
members of the panel will discuss the City's experience with the National Park Service.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to direct City
Coordinator to represent the City on a panel in International Falls, January 10, to discuss City
experiences with National Park Service. All in favor.
Recessed at 6:10 p.m.
Mayor
Attest:
City Clerk
~-
--
4
.
STILL WATER CITY COUNCIL
CITY COUNCIL MEETING NO. 97-1
January 7, 1997
RECESSED MEETING
7:00 P.M.
Acting Mayor Zoller stated Mayor Kimble was paged during the 4:30 meeting and invited to
appear on Channel 2 News Night at 7 p.m. to discuss bridge issues with Mayor Schaaf, Bob Mc
Farlen MnlDOT, and Bill Klapp of the Sierra Club. He would be returning to the meeting after
the broadcast.
The Meeting was called to order by Acting Mayor Zoller
OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL
City Clerk Weldon administered the Oath of Office to Councilmember Cummings, Ward 3, and
Councilmember Thole, Ward 2. They were each re-elected on November 5, 1996, for a four year
term.
Present: Councilmembers Bealka, Cummings, Thole, Zoller
Absent: Mayor Kimble (arrived at 8:05 p.m.)
Also present: City Coordinator Kriesel
City Attorney Magnuson
Community Development Director Russell
Finance Director Deblon
City Clerk Weldon
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the December
17, 1996 Special and Regular Meetings and Executive Session. All in favor.
PETITIONS. INDIVIDUALS. DELEGA TrONS & COMMENDATIONS
1. Commendation to City Employee - Joan Schaffer, Stillw(}ter Public Library
Acting Mayor Zoller, City Coordinator Kriesel and Lynn Bertalmio, Library Director,
presented a plaque from the Council and Library Board recognizing Joan Schaffer for
over 25 years of service at the Stillwater Public Library.
e
5
January 7, 1997
.
OPEN FORUM
Pat Lockyear, Stillwater Public Library Board, invited the Council to tour the library, with a
focus on the Centennial celebration.
Council will meet with members of the Library Board to tour the Stillwater Public Library at 6
p.m. February 18, 1997.
CONSENT AGENDA *
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent
agenda.
Ayes: Councilmembers Thole, Bealka, Cummings, Zoller and Mayor Kimble.
Nays: None.
1. Directing Payment of Bills (Resolution 97-1)
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. Permanent Employment of Shelly Schaubach - Senior Account Clerk (Resolution No. 97-2)
7. Approving Retainer for City Attorney for 1997 (Resolution No. 97-3)
8. Approval of Proposal Requests No. 23 City Hall Building Project (Resolution No. 97-4)
9. Purchase of Computer and Building Permit Software
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.
Community Development Director Russell reviewed the request. He reported this
subdivision as part of the development contract for the territorial prison site.
Acting Mayor Zoller opened the public hearing.
There were no requests to be heard.
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6
. January 7,1997
Acting Mayor Zoller closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-5 approving 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.
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: None
Absent: Mayor Kimble
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.
Community Development Director Russell reviewed the request. He reported the
applicant, due to an objection by the Stillwater Country Club, was not interested in
pursuing the vacation of a portion of Carnelian Street at this time.
The Acting Mayor opened the public hearing.
Jim Nelson, husband of applicant Elizabeth Whitbeck, requested the request be amended
to the two sections of Sycamore.
Elizabeth Whitbeck, applicant, requested Council table the request for vacation of
portions of Carnelian.
James Lammers, representing the Stillwater Country Club (abutting land owner) stated
his client had no objection to the vacation of Sycamore.
Acting Mayor Zoller closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 97-
6 approving street vacation for a portion of Sycamore Street between the west side of William to
east side of Carnelian Street and west of Carnelian to County Road 5, maintaining drainage and
utility easements as approved by City staff. Elizabeth Whitbeck applicant.
-
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
7
,-
January 7, 1997
.
Nays: None
Absent: Mayor Kimble
Motion by Councilmember Thole, seconded by Councilmember Bealka to table the request for
vacation of a portion of Carnelian Street from 50 feet north of Sycamore Street to 210 feet north
of Sycamore. All in favor. (Kimble absent)
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: None
Absent: Mayor Kimble
UNFINISHED BUSINESS
1. Construction Manager Proposal For St. Croix Valley Sports Complex
Council determined a perceived conflict of interest could exist is GWO bid on
construction work (section 5.4); the contract should be amended to include only
construction manager services.
Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 97-
7 amending Construction Manager Proposal For St. Croix Valley Sports Complex by deleting
section 5.4, page 13, and approving contract as amended. All in favor.
Ayes: Councilmembers Zoller, Thole, Cummings and Bealka
Nays: None
Absent: Mayor Kimble
2. Approval of Contract with Dahlgren, Shardlow & Uban for preparation of AUAR
Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 97-
8 approving Dahlgren, Shardlow & Uban Contract for preparation of AUAR and direct
preparation of Agreement requesting deposit from Developers to cover costs.
Ayes: Councilmembers Thole, Bealka, Cummings and Zoller
Nays: None.
Absent: Mayor Kimble
3. Approval of Scoping EA W for Stillwater Annexation Area
City Engineer Eckles reviewed the scoping document. Tony DeMars of Bonestroo,
Rosene, Anderlik and Associates, Inc., explained the purpose of the document is to focus
the environmental issues to be more fully addressed in the Alternative Urban Area Wide
-
8
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.
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January 7, 1997
Review (AUAR).
He presented the following names as a proposed technical advisory committee:
Minnesota Department of Natural Resources: Molly Shodeen, Area Hydrologist; Wayne
Barstad, Environmental Assessment Biologist; Dave Zappetillo, Area Fisheries Manager;
Minnesota Pollution Control Agency: Gene Soderbeck, Water Quality Non-point source
Compliance Commission;
City of Stillwater: Klayton Eckles, City Engineer; Steve Russell, Community
Development Director;
Washington County SWCD: Mark Doneux
U of Minnesota: James Perry, Ph.D., Department of Forest Resources.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-9 approval of Scoping EA W for Stillwater Annexation Area.
Ayes: Councilmembers Bealka, Thole, Zoller and Cummings.
Nays: None
Absent: Mayor Kimble
Mayor Kimble arrived at 8:05 p.m.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving Alternative
Urban Area-Wide Review Technical Advisory Committee List as proposed. All in
favor.
Ayes: Councilmembers Bealka, Thole, Zoller, Cummings and Mayor Kimble.
Nays: None.
4. Report on Response to RFP for Development of Bluff City Lumber Yard Site.
Community Development Director Russell reported several inquires were received but no
proposals presented.
No action necessary.
5.
Appointment of St. Croix Sports Complex Ad Hoc Committee (Resolution)
9
,
January 7, 1997
.
Community Development Director Russell presented a list of prospective members as
follows: Gene Bealka, City Council; Mike Polena, St. Croix Valley Sports Facility
Committee; Dave Junker, Park Board; John Melville, Soccer Association; Thomas
Hoffoss, City Resident; Mark Swenson, Oak Park Heights.
Representatives of the Hockey Association, Contributing organization, and school district
had not yet been recommended by the organizations and will be appointed at a later
meeting.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-10 appointing the following to St. Croix Sports Complex Ad Hoc Committee: Gene Bealka,
City Council; Mike Polena, St. Croix Valley Sports Facility Committee; Dave Junker, Park
Board; John Melville, Soccer Association; Thomas Hoffuss, City Resident; Mark Swenson, Oak
Park Heights.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Recess at 8:20 p.m.
Recess at 8:35 p.m.
6. Possible Approval of Consultant Contract - Legislative Associates
City Attorney Magnuson presented draft of a revised contract for consulting services
according to direction given by council at the last meeting. He explained the
compensation section deletes the retainer provision and substitutes a provision for general
services if authorized by Council at the rate of $65; provision for flood control work is
the same as the 1996 contract except for dates; and a new section was added dealing with
services related to the interstate bridge.
Council directed Section IV Compensation l.d. be amended by deleting" 18" hours per
month" and inserting" 1 0" hours per month for services related to National Guard Armory
Project.
Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution
97-11 approving Lobbyist Contract with Legislative Associates, as amended.
Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble
Nays: None
7.
Contract for Architectural Services with Ankeny Kell Architects, P.A. (Amended
.e.
10
. January 7,1997
Portions)
City Attorney Magnuson reported Ankeny Kell Architects, P.A. were agreeable to
eliminating any penalty provisions from the termination section of the contract. He stated
that with these modifications, the Contract is acceptable as to form and legally acceptable
for approval.
Motion by Councilmember Thole, seconded by Councilmember Thole adopting Resolution 97-
12 approving contract for Architectural Services with Ankeny Kell Architects, P.A. (Amended
Portions).
Ayes: Councilmembers Zoller, Thole, Bealka and Mayor Kimble
Nays: Councilmember Cummings
NEW BUSINESS
1. Set dates for 1997 Local Boards of Review
Motion by Councilmember Thole, seconded Zoller approving tentative dates for 1997 Local
Boards of Review as proposed by Washington County: First meeting Wednesday, April 16,
1997,4-6 p.m.; Second Meeting May 6, 1997,4:30 p.m. All in favor.
2. Elect Vice Mayor for Council
Motion by Councilmember Bealka, seconded by Councilmember Zoller adopting Resolution 97-
13 appointing Eric Thole as Vice Mayor for 1997.
Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble
Nays: None
Abstain: Councilmember Thole
3. Possible Appointments for Boards/Commissions
Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 97-
14 approving appointments to Library Board as follows: Reappointing David Ruch and Nick
Gorski and appointing Kenneth McFayden for three year terms and appointing Bill Hickey to fill
unexpired portion of Sandeen term ending December 31, 1997.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
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11
January 7, 1997
.
Motion by Councilmember Bealka, seconded by Councilmember Cummings adopting
Resolution 97-15 approving appointments to Planning Commission as follows: reappointing
Don Valsvik, Glenna Bealka and Gerald Fontaine and appointing John Rheinberger for three
year terms.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution
97-16 approving appointments of Park and Recreation Board as follows: reappointing Del
Peterson and Steve Wolff and appointing Linda Amrein and Leah Peterson to two year terms.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution 97-
17 approving appointments to Port Authority as follows: reappointing Don Nolde and
appointing Duane Elliott for three year terms.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution 97-
18 approving appointments to Heritage Preservation Commission as follows: reappointing
Katherine Frances, Jay Michaels, Roger Tomten for three year terms.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting
Resolution 97-19 approving appointment ofto Joint Cable Commission as follows: reappoint
Gary Talbot as alternate for two year term.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Discussion of appointments to the Solid Waste Advisory Commission was continued to
January 21.
Due to 3D-day advertising requirements set by ordinance, discussion of appointments for
the Water Board was continued to January 21.
e
12
,
.
January 7, 1997
4. Downtown Parking Follow Up Meeting to December 4, 1996 Parking Symposium
Community Development Director Russell presented a draft copy of Downtown Parking
Improvement Program and reported the Downtown Parking Commission and the
Chambers ofCommerc.e will hold a Downtown Parking meeting on Wednesday, January
8, at 5:30 p.m., to discuss the proposed Downtown Parking Improvement Program.
No action necessary at this time.
COMMUNICATIONS/REQUESTS
1. Robert J. Colombo - Cancellation of City Service for Winter Months
Council directed Finance Director research the policy of other cities relating to utility charges
for people closing their homes for the winter months and return with an analysis.
COUNCIL REQUEST ITEMS
Councilmember Zoller requested staff investigate the possible installation of street lights where
96 intersects behind Oak Glen Country Club.
STAFF REPORTS (continued)
Community Development Director Russell explained the current proposal by Karl Ranum,
representing Mainstream Development, regarding the parking easement for use of the
parking lot by the public in exchange for the 20-foot strip ofland to the east of the Maple
Island building from the City.
Council directed staff to complete the transfer and exchange of the 20-foot strip ofland to the
east of the Maple Island building to Mainstream Development.
Also present were Vern and Tim Stefan. They stated their proposal was for City use of the
parking lot when not needed by businesses on site; the City would not be responsible for
maintenance of the lot. The proposed times for public use would be as follows: Between 6
p.m. and 5 a.m. Monday through Friday; between 6 p.m. Saturdays until 8 a.m. Sundays;
after 3:30 p.m. on Sundays until 5 a.m. Mondays; and all day on any National Holiday.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the schedule
for public parking at the Maple Island site as proposed by Mainstream Development with all
maintenance of the parking lot to be done by Mainstream Development.
....
~-
13
January 7, 1997
.
City Engineer Eckles reported a request was received from Mike Robertson, City Administrator
of Oak Park Heights, requesting the City sign a Temporary Permit to Construct to enable
Mn/DOT to proceed with construction of the Highway 5 bridge improvement.
Motion by Councilmember Thole, seconded by Councilmember Cummings granting temporary
permits to construct to MNIDOT for construction of Highway 5 bridge improvements and
authorizing Mayor and appropriate City staff to sign.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Community Development Director Russell reported Marv Martin, Mn/DOT, had suggested a
possible trade of Mn/DOT property located at territorial prison site wayside area for City
property near the wastewater treatment plant.
Motion by Councilmember Thole, seconded by Councilmember Cummings directing
Community Development Director to further explore a possible trade of Mn/DOT property
located at territorial prison site wayside area for City property near the wastewater treatment
plant and return with recommendation.
Ayes: Councilmembers Thole, Cummings, Bealka and Mayor Kimble
Nays: None
Abstain: Councilmember Zoller
City Coordinator Kriesel presented request from Linda Hargroder, Lily Lake Homeowners
Group, for City payment of invoice from Lake Management, Inc., for 1996 aquatic weed and
algae control and bill residents for the percentage of privately owned property.
Motion by Councilmember Cummings, seconded by Councilmember Thole approving payment
of 1996 algae/weed control for Lily Lake, contingent upon signed agreements of waiver of
assessment by affected property owners.
Ayes: Councilmembers Zoller, Thole, Bealka, Cummings and Mayor Kimble
Nays: None.
Council determined payment would be made for 1996. No action was taken on the request for
City payment for 1997 treatment.
...... -
~-
14
. January 7,1997
ADJOURNMENT
Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 9:45
p.m. All in favor.
Attest:
Mayor
City Clerk
Resolution 97-1:
Resolution 97-2:
Resolution 97-3:
Resolution 97-4:
Resolution 97-5:
Resolution 97-6:
Resolution 97-7:
Resolution 97-8:
Resolution 97-9:
Resolution 97-10:
Resolution 97-11:
Resolution 97-12:
~ ......
Resolution 97-13:
-
Directing Payment of Bills
Permanent Employment of Shelly Schaubach - Senior Account Clerk
Approving Retainer for City Attorney for 1997
Approval of Proposal Requests No. 23 City Hall Building Project
Approving 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.
Approving street vacation for a portion of Sycamore Street between the
west side of William to east side of Carnelian Street and west of Carnelian
to County Road 5, maintaining drainage and utility easements as approved
by City staff. Elizabeth Whitbeck applicant.
Amending Construction Manager Proposal For St. Croix Valley Sports
Complex by deleting section 5.4, page 13, and approving contract as
amended.
Approving amendment to Dahlgren Contract and directing preparation of
Agreement requesting deposit from Developers.
Approval of Scoping EA W for Stillwater Annexation Area.
Appointing the following to St. Croix Sports Complex Ad Hoc
Committee: Gene Bealka, City Council; Mike Polena, St. Croix Valley
Sports Facility Committee; Dave Junker, Park Board; John Melville,
Soccer Association; Thomas Hoffuss, City Resident; Mark Swenson, Oak
Park Heights.
Approving Lobbyist Contract with Legislative Associates, as amended.
Approving contract for Architectural Services with Ankeny Kell
Architects, P.A
Appointing Eric Thole as Vice Mayor for 1997.
15
January 7, 1997
Resolution 97-14:
Resolution 97-15:
Resolution 97-16:
Resolution 97-17:
Resolution 97-18:
Resolution 97-19:
.
Approving appointments to Library Board as follows: Reappointing David
Ruch and Nick Gorski and appointing Kenneth McFayden for three year
terms and appointing Bill Hickey to fill unexpired portion of Sandeen term
ending December 31, 1997.
Approving appointments to Planning Commission as follows:
reappointing Don Valsvik, Glenna Bealka and Gerald Fontaine and
appointing John Rheinberger for three year terms.
Approving appointments of Park and Recreation Board as follows:
reappointing Del Peterson and Steve Wolff and appointing Linda Amrein
and Leah Peterson to two year terms.
Approving appointments to Port Authority as follows: reappointing Don
Nolde and appointing Duane Elliott for three year terms.
Approving appointments to Heritage Preservation Commission as follows:
reappointing Katherine Frances, Jay Michaels, Roger Tomten for three
year terms.
Approving appointment of to Joint Cable Commission as follows:
reappoint Gary Talbot as alternate for two year term.
..... -
--
16
LIST OF BillS
EXHIBIT "A" TO RESOLUTION 97-20
.
Amdahl, Chris
American Linen Supply
Aspen Mills
AT.O.M.
Board of Water
Braun Pump and Control
Brockman Trucking
CAD/CAM Engineering
Capitol Communications
Cargill Salt
Catco Company
COP Imaging
C.S.C.V. Joint Cable Comm.
Century College
Century labs
Clarey's
Conati, John
Copy Cat
Cummings, Rich
Cy's Uniforms
Equipment Supply
Erickson Post
Fina
Fleet Fueling
Food N Fuel
G & K Services
Goodwill
Greeder Electric
Honeywell
I.AC.P.
Infratech
Jostens, Inc.
labor Relations Assoc.
lahner, Ron
lake Country Chapter
lake Country Door
lake Superior College
lakeland Ford
lakeview Hospital
league of MN Cities
lMC/Berkley Risk
legislative Associates
Lind, Gladys
lucent Technologies
M.AC.A
Magnuson, David
Maxim Technologies
M.C.P.A
M.P.C.A
Met. Council
Metro East Dev. Partnership
Miller, Davin
e
Keys for Lift Station
Towel Service
Uniform Pants
Course
WAC
Lift Station Repair
Trailer Rental
Softvvare
Service Agreements
Salt
Rebuild Hydraulic Pump
Copier
Cablecaster Services
Tuition
Supplies
Recharge Extinguisher
Meal
Zoning Maps
Gov.'s Cruise/Refreshments
Shirt
Maintenance Contract
Gas/Diesel
Gas
Gas
Gas
Uniforms/Rugs/Mops
Recycling
Nelson St. Lift
Maintenance
Dues
Televising System
Setup Charge
Consultant Services
Building Permit Rebate
Seminar
Repair Door
Recertification Course
Parts
Flu VaccinationslTraining
Handbook
Deductible
Consultant Services
Property Purchase
lease and Maintenance
Dues
legal Services
1996 Street Project
Dues
Dump Site Cleanup
SAC
Membership
Tape Recorder/Batteries
27.37
38.61
87.26
790.00
4,529.25
1,403.63
181.04
494.25
741.00
1,878.95
34.62
18,112.13
102.00
1,500.00
168.91
13.31
6.00
86.44
38.50
37.45
1 ,344.00
5,523.13
177.98
519.52
22.10
1,316.06
324.79
1,120.00
486.19
200.00
15,053.78
49.00
792.00
222.75
125.00
83.45
50.00
16.49
320.00
220.00
500.00
4,195.00
927.00
184.09
25.00
11,750.83
130.00
225.00
44.75
40,590.00
500.00
40.34
Miller Excavating
Minnesota's Bookstore
MN Crime Prevention Assn.
MN Mayor's Association
Motorola
Municipals
Northshore Compressor
Norwest Banks
Our Designs
Physio-Control Corp.
Polfus Implement
Professional Dev/Conf. Svcs.
Reliable
River Island Ent.
Safety Kleen
Shiely Sand
St. Croix Animal Shelter
St. Croix Car Wash
St. Croix Office Supplies
Stillwater Towing
Team Lab
Thomsen, Tim
Top Trailers
U.S. Postmaster
Wal-Mart
Warning Lites
Washington Co. I.S.
Washington Co. Public Wks
Washington County Treas.
Yocum Oil
ADDENDUM
AT&T
AT&T Wireless
Airtouch Cellular
Custom Fire Apparatus
NSP
NSP
Shilts, Cindy
Stillwater Sunrise Rotary
U.S. West Communications
Haul Sand
1996 State Statutes
Membership
Dues
Service Contract
Winter Workshop
Maintenance
Paying Agent Fees
Nylon Roll Bag
First Medic 510
Parts
Annual Meeting
Office Supplies
Hurricane
Cleaner
Sand
Dec. Boarding Fees
Wash Squad Cars
Office Supplies
Start Squad
Mr. Slick
Sanding Scoops
Bob Cat Trailer
1 st class Presort Fee
Film/Paper/Decorations
Barricades
Consultant Services
Signs/Salt and Sand
Directories/Paper/MDT's
Diesel
Phones/Long Distance
Pager Service
Cellular Phones
Fire Truck Repairs
Gas/Electric
Street Lighting
Mileage/Parking
Dues
Phones/Long Distance
Total Due:
Adopted by the City Council this 21st Day of January, 1997.
APPROVED FOR PAYMENT
1,128.00
197.03
30.00
20.00
168.06
185.00
206.88
387.50
42.90
2,458.93
38.75
160.00
380.72
528.75
146.44
1 ,063.53
408.75
44.90
181.15
25.00
160.39
8.51
1,765.88
85.00
105.72
196.45
224.53
944.82
4,095.10
204.30
.
96.73
8.51
143.69
2,880.00
4,947.13
11,106.54
81.90
223.00
1.729.37
154.158.83
e
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STAFF REQUEST ITEM
-
DEP ARTMENT /- / t< L-
MEETING DATE
FINANCIAL 11v1P ACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
ADDITIONAL INFORMATION A IT ACHED
YES X NO_
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WO G DAYS PRIOR TO TI-IE NEXT REGULARLY SCHEDULED
COUNCfL ME ER TO BJ1LACED IN THE COUNCfL MATERIAL PACKET
SUBWytED BY .,( 1(/ !t.-- DATE /- /<;/- Y r
( f
~
~
-~
JAN-10-97 FRI 10:03 DEAN R DANINGER ANCOM
6127800189
P_01
1
COM
~ ~~~~.<;.~~:?.~~..~c.
)
.
Office (612) 683-1912
Fax (612) 454-3693
TO: ~1e7.'~
DEPARTMENT" ,~ '+"- r;)
CITY, STATE: ~/I~. m/v'
DATE: /-/0"97
NUMBER OF PAGES SENT: ..;l.
FROM:
Dean R. DanlnQer. Ancom Communications. Inc.
OFFICE" :
612-780-0118
FAX 'II :
612-780-0189
COMMENTS:
Thank You!
~De~
"
Dean R. Daninger
HERE
IT
IS!
~
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-.......-.-. ,. .-- --r--..----
-,......--.. . ..- ..,...."... .......,.....
216 North 4th Street
Stillwater. MN 55082
216 North 4th Street
Stillwater, MN 55082
01/10/97 09:05
TX/RX NO.4966
P.001
.
"
,
CONTACT Chief Geo.-ge Ness
PHONE: 612.439.6120
.
QUANTITY
DESCRIPTION
UNIT
EXTENDED
1
SPECTRA AS BASE
VHF 128 Channel 100 Watt Base Radio
-Includes:
$2.499
$2,499
-Speaker with 8 Foot Cable
--Desk Microphone
-10 Foot Negative Ground Power Cable
--Mounting Hardware
-8 Character Alphanumeric Display
.-Operator Priority Selectable Scan
-Power Supply
ODtiQOS
1
Antenna System $899.00
3db Gain Antenna. Connectors. Cable. Surge Protector
$899
-rOTAL EQUIPMENT INVESTMENT
TAX @ 6.5 o/ct FOR MINNESOTA - CALCULATE & ADD
Programming and Set Up
Shipping and Delivery
2ASl1A9 Base Options-
Installation
GRAND TOTAL
$3,398.00
$220.87
$135.00
$75.00
57,050.00
$450.00
n11,328.871
-100 Watts of power
A9 equipped with Front and Rear Controls
Dean R_ Daninger
Ancom Communications. Inc.
612-780-0118
.....
01/10/97 09:05
TX/RX NO.4966
P.001
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DEPARTMENT r/(z<..
STAFF REQUEST ITEM
MEETING DATE
DESCRIPTION OF REQUEST (Briefly outline what the request is)
A1-t'?~rsT mO.m {J9P/0L- /)ti1).fj'i/YJ..IZVJD'(J;
~~1:~~~;; ~L ;:;:jf~llf1?;'~~ ~ ~~ - IV ~K-
FINANCIAL I1V1PACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
Ilb)~ - .Bctcf'1€kJ::>:rtJR 199 7 -~ CC)o NGt' t. /lrrR.DU~ j:::,
ADDITIONAL INFORMATION A IT ACHED
YES ~ NO X--.
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO THE CITY CLERK A
MINIMUM OF FIVE WO G DA YS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEEI{tiKJ- RDER TO BE LACED IN THE COUNCIL MATERIAL PACKET.
"/
SUB+BY ('C-, DATE L- /$/- 9?-
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City o~'
g tiQQwate~. uU innegota
Ce~tibicate ob c..App~eCiation
p!le~et1ted to
JOHN JEWELL
RESOLUTION NO. 97-25
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that
for his faithful service as a member of the Stillwater Board of Water
Commissioners, John Jewell, be, and he is hereby commended; that recognition be
given to the fact that for the period of nine and one-half (9'l2) years he has served
the City faithfully, efficiently and courteously. The Council regrets that John
Jewell is retiring from the membership on Board, but extends to him its best
wishes.
BE IT FURTHER RESOLVED, that the City Clerk be, and is hereby authorized
and directed to spread this resolution upon the official record of proceedings of the
Council and to deliver a certified copy to the said John Jewell.
Adopted by the Council this 21st day of January, 1997.
II
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STAFF REQUEST ITEM
DEPARTMENT Engineering
MEETING DATE January 21. 1997
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to purchase the following items:
Anderson Hickey Fixed Shelf File
15% Discount
$752.00
-112.80
Total:
$639.20
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 item is 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. MEETINGJN DER TO BE PLACED IN THE COUNCIL
MATERIAL PACKET! i ~
SUBMITTED BY 1Iv(;~ -' l ----- _ DATE ~4/ 77
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__ MEMORANDUM
TO: Mayor and City Council
FROM: Morli Weldon, City Clerk
SUBJECT: Tobacco License, Gerrrd Busman
DBA: Tobacco City.
DISCUSSION:
A tobacco license application has been received from Getard Busman, Tobacco City, to
sell tobacco products at 2040 Market Drive. The required information has been submitted and I
am waiting for confirmation of inspections from the building and fire departments.
RECOMMENDATION:
I recommend approval of the tobacco license contingent upon building and fire
department approval.
ACTION REQUIRED:
If Council concurs with the recommendation they should pass a motion adopting
Resolution 97-21, APPROVING LICENSE TO SELL TOBACCO PRODUCTS AT
RETAIL FOR TOBACCO CITY, 2040 MARKET DRIVE.
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Form 281 - Application (or Licen.. to SCU Cigar.Uo, at n.l.a.iL (Chapter 382. Law. o( 1951.1
BUSINESS RECORDS CORPORATION
State of Minnesota,
countYOf...W.~....
......~........Of.~~
AppCLcation No. . . . . . . . . . . . . . . . . . . . . . . .
Application for License to Sell Cigarettes at Retail
The undersigned resident. . . . of the. 7 ~ (( :.!.t:.~ ~~. .~. . . . . . of. . ,(V~~C?~~ . . . . . . . . . . .,
in the county of.... J-I.~"?~~~~~..........., State of Minnesota, HEREBY MAKE... .APPLICA-
TION FOR LICENSE to be issued to. ... . .7 p'~q(!.o. .. . . ~/i;. . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . .
to sell' tt d' tt d t tail t . :;Lf)t{cJ ~4/k ~ trlVe.
Clgare es an clgare e papers an wrappers a re a. . . . . . . . . . . . . . . . . . . . . t. . . . . . . . . . . . . .
.~~/;I~~~~~.I... .~~... .~~~.~~..............................................
in the .....~............. of --dx:...a..~~. . . in said county and state for the term of
. .. .. . /1.. /Yl.~......, beginning with the.. . .(~... day of .. .F..J~ ~..... .. . . .,
19. .0.7 . . . . ., subject to the laws of the State of Minnesota and the ordinances and regulations of said
....... .~.......... .of.., ~Y.~ .pertaining thereto, and herewith deposit....
$. . . . ~!:"/;;, . . . . . . . . . in payment of the fee therefor.
Date... /......... ......................,19.9.1... .a.~~..............
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RESOLUTION 97-21
APPROVING LICENSE TO SELL TOBACCO PRODUCTS
AT RETAIL FOR TOBACCO CITY, 2040 MARKET DRIVE.
WHEREAS, a request has been received from Gerrard Busman, Tobacco City, for a
license to sell tobacco products as retail; and
WHEREAS, all required forms have been submitted;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater,
Minnesota, hereby approves the issuance of a Tobacco License to Gerrard Busman, dba Tobacco
City.
Adopted by the City Council this 21st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
iL
No.
97-2
$40.00
e
GENERAL CORPORATE LICENSE
ST ATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Suburban Lighting Inc has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE. By order of the City Council, and by virtue hereof the said Suburban
Lighting, Inc., 6077 Lake Elmo Ave. No., Stillwater MN 55082 is hereby licensed and authorized to Sign
Erection for the period of one year starting December 30. 1996 and ending December 30, 1997 subject to
all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 21st day of January
A.D. 1997.
Attest:
Mayor:
C
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No.
97-1
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Wallmaster Home Improvements has paid the sum of Forty and 00/1 ODs Dollars to the
Treasurer of said City as required by the Ordinances of said City and complied with all the requirements
of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE. By order of the City Council. and by virtue hereof the said Wallmaster Home
Improvements. 1197 Payne Avenue. North St. Paul MN 55101 is hereby licensed and authorized to General
Contractor for the period of one year starting January 9. 1997 and ending January 9, 1998 subject to all the
conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 21st day of January
A.D. 1997.
Attest:
Mayor:
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No.
97-4
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
-
WHEREAS, 3M has paid the sum of Forty and 00/100s Dollars to the Treasurer of said City
as required by the Ordinances of said City and complied with all the requirements of said Ordinances
necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said 3M 900 Bush
Street, St Paul MN 55133 is hereby licensed and authorized to General Contractor for the period of one
year starting December 30, 1996 and ending December 30, 1997 subject to all the conditions and provisions
of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 21st day of January
A.D. 1997.
Attest:
Mayor:
"
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No.
97-3
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Stocker Excavating Co., Inc. has paid the sum of Forty and 00/100s Dollars to the
Treasurer of said City as required by the Ordinances of said City and complied with all the requirements
of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Stocker
Excavating Co., Inc., m8247 West 125th Street, Savage MN 55378 is hereby licensed and authorized to
Excavators for the period of one year starting December 12, 1996 and ending December 12, 1997 subject
to all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 21st day of January
A.D. 1997.
Attest:
Mayor:
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CITY OF STILLWATER
MEMORANDUM
TO: Mayor and City Council
FROM:
Klayton Eckles, City Engineer
,"
'..,,"----
DATE: January 17, 1997
SUBJECT: L.I. 310 Final Application
DISCUSSION
Bailey Construction, the contractor for the 1995 Side Walk Project, L.I. 310 has submitted for
final payment in the amount of$2,390.83. Final contract amount is $119,541.50. Staffhas
inspected final construction and has accepted the work. We have also reviewed final paper work
to see that it meets the requirements set fourth in the contract documents.
RECOMMENDATION
Staff recommends that the council pass the resolution to accept the project and award final
payment in the amount of$2,390.83.
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APPLICATION FOR PAYMENT CONTRACTOR: BAILEY CONSTRUCTION
.--------~~--
UNIT PRICE SCHEDULE CONTRACT AMOUNT: . ____J.1.!L~Q~~
CITY OF STILLWATER APPLICATION DATE: 11113196 e
L. L 310 PERIOD ENDING: 11113196
----
APPLICATION #5
PHASE I
TOTAL
UNIT EST.
NO. ITEM UNIT QTY. PRICE PRICE
4" CONCRETE WALK S. F. 18915 $2.10 $39,721.50
2 6" CONCRETE WALK S. F. 5500 $2.35 $12,925.00
3 GRANULAR MATERIAL CY 450 $0.00 $0.00
4 B618C&G L.F. 300 $11.50 $3.450.00
TOTAL PHASE I $56,096.50
PHASE II
TOTAL
UNIT EST.
NO. ITEM UNIT QTY. PRICE PRICE
4" CONCRETE WALK S. F. 20250 $2.10 $42,525.00
2 6" CONCRETE WALK S. F. 6700 $2.35 $15,745.00
3 GRANULAR MATERIAL C. Y. 400 $0.00 $0.00
4 B618C&G L. F. 450 $11.50 . $5.175.00
TOTAL PHASE II $63.445.00
TOTAL AMOUNT EARNED PHASE I & PHASE II $119,541.50
LESS 0% RETAINAGE $0.00
AMOUNT DUE TO DATE $119.541.50
LESS PREVIOUS APPLICATIONS $117,150.67
AMOUNT DUE THIS APPLICATION $2,390.83
CONTRACTOR'S AFFIDAVIT
THE UNDERSIGNED CONTRACTOR HEREBY SWEARS UNDER PENALTY OF PERJURY THAT (1) ALL PREVIOUS
PROGRESS PAYMENTS RECEIVED FROM THE OWNER ON ACCOUNT OF WORK PERFORMED UNDER THE CONTRACT
REFERRED TO ABOVE HAVE BEEN APPLIED BY THE UNDERSIGNED TO DISHARGE IN FULL ALL OBLIGATIONS OF
THE UNDERSIGNED INCURRED IN CONNECTION WITH WORK COVERED BY PRIOR APPLICATIONS FOR PAYMENT
UNDER SAlD CONTRACT, AND (2) ALL MATERIALS AND EOUIPlMENT DRP~. D PROJECT OR OTHERWISE
LISTED IN OR COVERED BY THIS APPLICATION FOR PAYMENT ARE E OF ALL LI ,CLAIMS,__
SECURITY INTERES;ASAND NCUMBRANCES. "" ~
DATED: ./.~~_ ~L __~_ ~
/ J (CON RACTOR)
--L2V /f., e ~_
(NAME AND TITLE)
IN ACCORDANCE WITH THE CONTRACT, THE UNDERSIGNED APPROVES PAYMENT T
I t....-z...~ - 7 t
-----.----
BY:
DATE:
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APPLICATION FOR PAYMENT CONTRACTOR: BAILEY CONSTRUCTION
UNIT PRICE SCHEDULE CONTRACT AMOUNT: $117.505.00
e CITY OF STILLWATER APPLICATION DATE: 11/13196
L. I. 310 PERIOD ENDING: 11/13196
APPLICATION #5
PHASE I
TOTAL
UNIT EST.
NO. ITEM UNIT OTY. PRICE PRICE
4" CONCRETE WALK S. F. 18915 $2.10 $39,721.50
2 6" CONCRETE WALK S. F. 5500 $2,35 $12,925.00
3 GRANULAR MATERIAL C. Y. 450 $0.00 $0.00
4 8618 C & G L. F. 300 $11.50 $3,450.00
TOTAL PHASE I $56,096.50
PHASE II
TOTAL
UNIT EST.
NO. ITEM UNIT OTY. PRICE PRICE
4" CONCRETE WALK S. F. 20250 $2.10 $42,525.00
2 6" CONCRETE WALK S. F. 6700 $2.35 $15,745.00
3 GRANULAR MATERIAL C. Y. 400 $0.00 $0.00
4 8618C&G L. F. .450 $11.50 $5,175.00
TOTAL PHASE II $63,445.00
TOTAL AMOUNT EARNED PHASE I & PHASE II $119,541.50
LESS 0% RETAINAGE $0.00
AMOUNT DUE TO DATE $119,541.50
LESS PREVIOUS APPLICATIONS $117,150.67
AMOUNT DUE THIS APPLICATION $2,390.83
CONTRACTOR'S AFFIDAVIT
THE UNDERSIGNED CONTRACTOR HEREBY SWEARS UNDER PENAL TV OF PERJURY THAT (1) ALL PREVIOUS
PROGRESS PAYMENTS RECEIVED FROM THE OWNER ON ACCOUNT OF WORK PERFORMED UNDER THE CONTRACT
REFERRED TO ABOVE HAVE BEEN APPLIED BY THE UNDERSIGNED TO DISHARGE IN FULL ALL OBLIGATIONS OF
THE UNDERSIGNED INCURRED IN CONNECTION WITH WORK COVERED BY PRIOR APPLICATIONS FOR PAYMENT
UNDER SAID CONTRACT, AND (2) ALL MATERIALS AND EQUIPTMENT ORPATED IN SAID PROJECT OR OTHERWISE
LISTED IN OR COVERED BY THIS APPLICATION FOR PAYMENT ARE E OF ALL LIENS LAIMS.
SECU"TY '7r ENCUMBRANCES. ~
DATED: ~ C ~.
(CON CTOR)
tJlbl/!~
(NAME AND TITLE)
E CONTRACT, THE UNDERSIGNED APPROVES PAYMENT T
IN ACCORDANCE WITH
I l..--7.. (.
DATE:
BY:
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RESOLUTION NO. 97-
--
ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT
FOR 1995 SIDEWALK PROJECT
(L.I.310)
WHEREAS, pursuant to a written contract signed with the City of Stillwater on August
1, 1995, Charles Bailey Construction of Stillwater, Minnesota has satisfactorily completed the
improvement of streets, in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City of Stillwater, Minnesota. The
work completed under said contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to
issue a proper order for the final payment of $2,390.83 on such contract, taking the contractor's
receipt in fulL
Adopted by the City Council this 21 st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
December 30, 1996
RE: City of Stillwater
L.I. 312
SEH No. A-STILL 9506
Mr. Klayton Eckles, P.E.
City Engineer
Cuty of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Mr. Eckles:
We have reviewed the above referenced project and find that it generally meets the intentions of the
project specifications. We have previously forwarded the fmal application for payment and lien
waivers to you.
The final application for payment is in the amount of $520,000.04. This final payment includes three
change orders. C.O. #1 was for an extension of time and does not include any increase in cost. e.O.
#2 was for the paving of the alley on Block 18 downtown. e.O. #2 is $5,927.60. e.O. #3 was for the
extension of the storm sewer on Third Avenue South, in the amount of $24,940.00.
The contract amount for the project was $554,577 .10, or an underrun of $34,577 .06.
We recommend final payment be made to the contractor in the amount of $10,843.48.
If you have any questions, please do not hesitate to contact me.
Richard E. Moore, P.E.
Project Manager
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Sincerely,
~@CMff'L-
SHORT ELLIOTT
HENDRICKSON INC.
MINNEAPOLIS, MN
ST CLOUD, MN
CHIPPEWA FALLS, WI
EQUAL OPPORTUNITY EMPLOYER
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MADISON, WI
LAKE COUNTY, IN
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APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
NO. FiNAl.-.
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OWNER:
City of Stillwater, Minnesota
OWNER'S PROJ, NO, 1.I,312
ENG. PROJECT NO,
A-STILL9506.01
LOCATION:
Stillwater, Minnesota
CONTRACTOR Tower Asphalt, Inc,
CONTRACT DATE
15001 Hudson Blvd.
CONTRACT AMOUNT
$554,577.10
Lakeland, MN 55043
CONTA. FOR 1995 Street Improvement Project
APPLlC. DATE
PERIOD END.
10-17- 1b
......... --- -- --... -........ -- --...... ------- ----- ---..... -- --- -- --- -- --...... ---... --.. -- ------- --...
ID-/7-C,b
APPLICATION FOR PAYMENT
ITEM NO.
DESCRIPTION
UNIT
CONT, OTY. UNIT
OTY. TO DATE PRICE
TOTAL
... ----- --...... --... --.. ---... -... - -----..._--- -- ----- ---- -- -----...---- ---- -- ---- -------- --...... ------- ---------.. ...-------------------.. -----.. --- --- -- ------.. --- ---- ... --................... --........... -- --...... --_.
1 MOBILIZATION LUMP SUM 1 t 24.555.00 Zl./. S'SS-.CO
2 REMOVE CONC CURB & GUTrER L1N FT 1790 17 Z't 1.25 z Ib/.Z~
3 REMOVE CONC WALK SQYD 69 7b 1.25 <q 5, (,.-0
4 SAWING BIT PAVEMENT (4') L1N FT 515 ~- 3.00 c..3o, 00
5 SALVAGE CAsrING EACH 74 ILl 30.00 7'2W,OO
6 SALVAGE HYDRANT EACH 1 , 575.00 SIC;;, 00
7 TEST ROLL RD Sf A 114 /1'-1 10.00 "LJ0.0()
8 SfREET SWEEPING HR 23 I 55.00 38S.00
9 COMMON EXCA V A TION(P) CUYD 10350 ~/bl L.{ 4.00 4b~C;-(,.' 00
10 SELECf GRANULAR BORROW (LV) CUYD 9300 :J{fib . '( 4.50 35S.33. 80
11 TOPSOIL BORROW (LV.) CUYD 292 22.D 10.00 'Z.'Z.Do, cO
12 WATER FOR DUSf CONTROL MGAL 103 ,0 20.00 /YOO,OO
13 AGGREGATE BASE CL 5 TON 12275 5<JCli..3 , 2.50 IZiLl5.00
14 SY COLD BASE MILLING SQYD 25345 .3SbOO 1.50.53:;]pO ,00
15 S.Y. PLACE RECYCLED AGGREGATE BASE SQYD 25345 35BOO 1.55 5C;~cl0 00
16 BITUMINOUS PATCHING MIXTURE TON 535 18.'13 10.00 ibLJ.2.,O
17 MILL BITUMINOUS SURFACE SQYD 234 4.00
18 CRUSHED ROCK PIPE FOUNDATION TON 50 7.50
19 TYPE 41A WEAR COURSE MIXTURE TON 4240 3507. 8':( 20.00 10/5:'-. P.<J
20 TYPE 31 BASE COURSE MIXTURE TON 5680 .3 h'-lZ. z.. '- 18.00 b'1ISCt .C1b
21 BITUMINOUS MATERIAL FOR TACK COAT GALLON 2315 I tjCXJ 1.00 IC,OD .00
22 CONNECf TO EXISfING FORCEMAIN EACH 1 I 1,510.00 /510.00 e
23 CONNECf TO EXISI:ING UFrSf A TION EACH 1 I 2,365.00 23b5'. 0 V
24 6" ?V.c. FORCEMAIN L1N FT 620 (,,00 12.70 Ib "2.0,00
25 6" DIP FORCEMAIN FrrnNGS POUND 345 ISO' 2.60 3'10.00
26 SPRINKLER HEADS EACH 16 30.00
PAGE 1 OF 3
I 'I'
i 27 SPRINKLER PIPE UN FT 120 5.00
28 EXCA V A TE FOR CITY INSTALLED CORPORATION EACH 17 If 210.00 35/6.00
29 CONNEcr TO EXISTING WATER SERVICE EACH 17 II 210.00 3570,00
e 30 3/4" CURB STOP &: BOX EACH 17 310.00
31 ADWSTGATE VALVE BOX EACH 27 I'=:, 75.00 1200.00
32 6" X 6" TAPPING VALVE &:SLEEVE &: G. V. BOX EACH 2 Z. 2,485.00 4l1/0 .00
33 3/4" COPPER WATER SERVICE UN FT 755 8?J 10.30 l10"'.LtO
34 6" D.I.P. W A TERMAIN CL52 UN FT 850 '118 18.60 1(014.[:;0
35 DJ.P. FmINGS POUND 720 St:O 2.30 I\SO.OO
36 CONNEcr TO EXISTING STORM SEWER EACH 3 .3 480.00 /440,00
37 4" PERF. P.E. PIPE DRAIN UN FT 2000 /CloO 6.00 11400,00
38 12" RCP PIPE SEWER,DES. 3006,CL 5 UN FT 347 35/ noo //2."2.,00
39 CONSTRUcr DRAINAGE STRUcrURE, DESIGN X UN FT 4 Y 160.00 bYO, bO
40 CONSTRUcr DRAINAGE STRUcrURE. DESIGN Y UN FT 8 8 240.00 (C,ZO.OO
41 CASTING ASSEMBLY TYPE, R-3067 EACH 3 ..3 350.00 IOSD.OO
42 ADJUST FRAME &: RING CASTING EACH 83 ,0 150.00 IOSW ,DO
43 4" CONCRETE WALK SQFT 506 3//0 2.25 84 b' 00
44 7' CONCRETE CROSS-GUTTER UN FT 130 /2-7 17.50 2'2.'2:2. SO
45 CONe. CURB &: GUTTER, DESIGN D418 UN FT 2350 IRf.O 8.00 ,yeeO,OO
46 CONe. CURB &: GUTTER, DESIGN B618 UN FT 690 .'P,;J.. SO 5.50 3f3o B.1 r;;-
47 TRAFFIC CONTROL LUMP SUM 1 I 5,000.00 5000.00
48 SODDING, TYPE LAWN SQYD 1376 13,1::. 1.60 2'201. bO
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APPLlt".~TION FOR PAYMENT - Conti....Jed
.
Total Contract Amount $ 554,577.10 Total Amount Eamed $ 48C;ZLf2./fo
Material Suitably Stored on Site, Not Incorporated into Work $ e
Contract Change Order No..;L Percent Complete 100 % $ sct:2-/. W
Contract Change Order No.:3 Percent Complete .$ 2'-1)'1'10. CO
Contract Change Order No. Percent Complete $
GROSS AMOUNT DUE.........................$ 520, 10'1 . 7Co
LESS % RETAINAGE ..................$
AMOUNT DUE TO DATE .....................$ 520 IOq. 7~
LESS PREVIOUS APPLlCATION..........$ SOCI, Zbb . 5~
AMOUNT DUE THIS APPLICATION .....$ J~ 843. 2D (
CONTRACTOR'S AFFIDAVIT CO~ ~
The undersigned Contractor hereby swears under penalty of perjury that (1) all previOus progress pay-
ments received from the Owner on account of work performed under the contract referred to above
have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in
connection with work covered by prior Applications for Payment under said contract, and (2) all materi-
als and equipment incorporated in said Project or otherwise listed in or covered by this Application for
Payment are free and clear of all liens, claims, security interests and encumbrances.
Dated !o - / 7 , 19 q6 Tow~..J:- As pha 1 t /?
.. ct 1
Jt:S.~\\ r.:A,RGfF;~T M EFFINGER I
~ NOTARY FUBlIe ~ MINNESOTA . - By: 0_ ar we '^'~
.~:~..:~.~::~=. ame andlltle}
COUNTY OF lIVasJl ~~\ Y\ ) SS
STATE OF m r V\ Vl -( _--,:"1 )
8efor~ me on this II day of U(;j-op"l/ . 191f: personally appeared
C h<:< r Ir L ; "'f I C /J . known to me, who being duly sworn, did depose and say
that he IS the () _Q __ cr m UI'ltiJ'l'r of the Contractor above mentioned; that he
{Office}
executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of
the statements contained therein are true, correct and complete.
My Commission Expires: ~\/3/ )xia --;JJ1c<-~#l ~
o {Notary rJ lie}
The undersigned has checked the Contractor's Application for Payment shown above. A part of this
Application is the Contractor's Affidavit stating that all previous payments to him under this Contract
have been applied by him to discharge in full all of his obligations in connection with the work covered
by all pnor Applications for. Payment.
In accordance with the Contract, the undersigned approves payment to the Contr~ctor of the Amount
Due. e
Date /Z/50 ICJh
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Page 3 of 3
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STILLWATER. MN
1995 STREET IMPROVEMENT PROJECT
CHANGE ORDER'2
DESCRIPTION
Q1Y
UNIT
UNIT
PRICE
TOTAL
South of Main Alley:
Common Excavation
Type 41A Wear
Mobilization
28cy
12.24 ton
11s
$4.00
$20.00
$320.00
$112,00
$244.80
$320.00
Main Alley:
Common Excavation
Type 41A Wear
Sawcut Bit
Mobilization
378 cy $4.00 $1.512.00
81.94 ton $20.00 $1.638.80
If $3.00 $0.00
11s $2.100.00 $2.100.00
TOTAL $5.927.60
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RESOLUTION NO. 97-
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ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT
FOR 1995 STREET IMPROVEMENT PROJECT
(L.1. 312)
WHEREAS, pursuant to a written contract signed with the City of Stillwater on May 16,
1995, Tower Asphalt, Inc. of Lake land, Minnesota has satisfactorily completed the improvement
of streets, in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City of Stillwater, Minnesota. The
work completed under said contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to
issue a proper order for the final payment of$10,843.48 on such contract, taking the contractor's
receipt in full.
Adopted by the City Council this 21st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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STAFF REQUEST ITEM
DEPARTMENT Administration
MEETING DATE 1/21/97
DESCRIPTION OF REQUEST (Brien)' outline what the request is)
Attend MN Clerks & Finance Officers annual Conference
st. Cloud MN
March 11-14. 1qq7
FINANCIAL IMPACT (Brieny outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
Conferen6:! "$150 ~
fee
Lodging $162
$312
In Budget for 1997
ADDITIONAL INFORMA nON A IT ACHED
YES---x- NO_
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO TIIE CITY CLERK A
MINlMU1vf OF FIVE WORKING DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN TIIE COUNCIL MATERIAL PACKET.
SUBMITTED BY
Morlf Weldon
DATE 1/21/97
r
7~me;I)A ~~~ku~ ~~i6~~ a~
~ tie St. ~ tie 1997. ?ItaItit Sma4-~, dad ~ ~ demad, etJitt ~ .
de ~ 7~, ~ lid. ~?&^~ <<Iitt de dad ~ i6 do4e de ~
(Nt 7~. 'l~~, efJe iaoe ~ /M~, aHd a tot 01 itl ~~,
~, ~, ~, aHd dttt ~ i6 Itaffle a p. 1toa ~'t W4Ht i6 ffli44 di4
~, aHd~~'t6ida~~ualae~. See~UeSt. ~/fll
John Douville
1997 Conference Planning Chairman
GENERAL SESSION IDGHLIGHTS--
A WEALTH OF WISDOM
Keynoter Carl Neu's extensive background as both an elected
city official and as a dynamic speaker makes him a much sought-
after trainer around the country. In fact, he is the featured
presenter for the Conferences for Newly Elected Officials
sponsored each year by the League of Minnesota Cities. He sees
the city clerks as key to effective performance on the part of the
council, manager/administrator (if present) and department
heads, and will share his ideas on how to position ourselves as
coaches and facilitators. What's more, we'll find out what our
newly elected officials are told!
As coach and facilitator, our ability to communicate becomes
even more critical. Barry Lane provides a fast-paced and
humorous look at how our verbal style and non-verbal cues
impact our effectiveness.
Mike McKinley reminds us that although change is inevitable,
our reaction to change is not. This finale session will focus on
how we can make faster decisions, worry less and laugh more.
NEW THIS YEAR:
Special Kickoff with Marit Smaby-Nowlin,
Document Swap, Hands-on Computer Lab
featuring New Software Packages, Wednesday
Tracks Providing In-Depth Focus on Priority
Topics, Silent Auction...
Sign up soon!
CONFERENCE SCHEDULE
TUESDAY, MARCH 11,1997
5:00-9:00 p.m. On-Site Registration
7:00 CONFERENCE KICKOFF:
MCFOA Mixer-an informal opportunity to connect
with your colleagues from around the state
Marit STTUlby-Nowlin, Presenter and M. C.
9:00 Reception: Cash Bar, Light Refreshments
WEDNESDAY, MARCH 12, 1997
8:00 a.m. Final Registration/Continental Breakfast
9:00 GENERAL SESSION:
City Governance and the Clerk
· The Big Picture
· Government As Team
Carl Neu
12:00 noon
1:00-4:30 p.m.
(with breaks)
Evening
6:00
8:00
Lunch
CONCURRENT TRACKS (Choose One)
A. Technology for City Offices: Expanding Your
Comfort Zone
Barb Gallo, City Clerk Presenters
B. Personnel" Alphabet Soup"
-- Irene Koski
C. Municipal Finance for Clerks
Rob Tautges, David MacGillivray, Kathy
Aha, Al Erickson, Bob Thistle, Craig
Waldron, Mike McCauley, Rusty Fifield
D. Responding Creatively to Changing Times!
. Marilyn Larson
"Exercise Your Options" Night
Regional Volleyball Tournament
Taco Bar
Dance with D.J., The Amazing Shelly
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THURSDAY, MARCH 13,1997
8:00 a.m. Sit-Down Breakfast
MCFOA Business Meeting
Tom Ferber, President
GENERAL SESSION:
Going Beyond Words
Barry Lane
CONCURRENT SESSIONS I (Choose One)
E. Technology for Learning and Conferencing
John Vinton, Rich Spencer
F. Planning and Organizing Your Work
Barry Lane
G. Property Tax Primer
Duke Addicks
H. Promoting Your City: A Case Study
Arvid Clementson, Bonnie Stewart, Rosanne
Erickson
Computer Lab Opens: Try A New Software Package!
Exlnbits Open/Silent Auction Begins and
Refreshment Break
DISCUSSION GROUPS BY CITY POPULATION
PLUS DOCUMENT SWAP
· Cities under 1,000
· Cities 1,000 to 2,499
· Cities 2,500 to 10,000
· Cities over 10,000
Lunch with Dessert Buffet in Exhibit Area
CONCURRENT SESSIONS n (Choose One)
I. Technology for Storing Documents
John Devine
J. How Cities Are Using Mediation and
Alternative Dispute Resolution
Various City Officials
K. Data Practices: The Basics and Beyond
Tom Jovanovich
L. Liquor Licensing: Questions and Answers
Marlene Kjelsberg, Mike McManus
Sessions Adjourn
Reception/Cash Bar in Exhibit Area
Exhibits Close
Banquet and Entertainment
Theme: Mexican Fiesta
Dress a La Mexico! Ole!
Dance with D.J., The Amazing Shelly
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9:00
10: 15
1l:l5
11:45
12:45
2:30 -
4:00
4:00
5:30
7:00
7;00
9:30
FRIDA Y, MARCH 14, 1997
8:00 a.m. Continental Breakfast
9:00 GENERAL SESSION:
"Tools For Transforming Tomorrow"
Michael McKinley
11>:30
12:00 noon
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Break
Adjourn
WORKSHOP DESCRIPTIONS
A. Technology for City Offices: Expanding Your Comfort Zone
Cities of all sizes are beginning to tap the potential of the digital age and
benefiting from the results! Join the League's Director of Technology
Services and several city clerks in looking at how new uses of
computers can make a difference in your work. Discover the what,
why and how tos of Windows '95, e-mail, the internet, city home pages
and other web sites through a series of practical computer-assisted
presentations and case studies.
B. Personnel" Alphabet Soup"
Here's an opportunity to learn (or review!) the steps involved in four
key areas of personnel responsibilities: writing a position description,
hiring the right person for the position, evaluating performance, and (if
necessary) disciplining or terminating an employee. This session will
cover what's required and what's effective, as well as specific dos and
don'rs.
C. Municipal Finance for Clerks
Your council is called upon to make a variety of financial decisions that
will have impOnaDt consequences for your city. Do they have the
information they need? Do you? Learn what fiscal policies should be
in place, how to spot fiscal warning signs and avert potential problems,
what shouId be considered in financing decisions, as well as the various
financing methods, types of debt, and bond financing process. The last
hour will be devoted to presentations and in-depth roundtable
discussions; choose from one of three specific areas: 1) Creative
Financing for Municipal Buildings and Collaborative Building Projects,
2) Utilizing TIF Financing, and 3) Financing Municipal Public Utility
Improvements.
D. Responding Creatively to Cbanging Times!
Weare living in a time of unprecedented social, political and
technological change. More and more people are finding that what
worked before doesn't seem to work as well today-whether it is the
health care system or finding enough money in the city budget to plow
40 inches of snow! In fact, the old concepts, tools and solutions can
acwalJ.y be part of the problem! During this interactive session, you'll
become familiar with the principles and possibilities of Breakpoint
Thinking and explore how it can be applied to your work as city clerk.
Participants will share their specific ideas, and then learn strategies such
as Asset Building which can be used to implement them!
E. Technology for Learning and Conferencing
With the advent of electronic communication, the computer has become
a major resource for distance education-individually and in groups. See
a sinmlation of on-line conferencing which makes it possible to dialogue
with experts, participate in ongoing professional development groups,
apply what's learned at a workshop with follow-up assistance from the
instructor as well as other attendees implementing change in the .. real
world. It Plus, learn about Network IT, a new collaborative effort
(involving nSAC and GTS) geared to better meet the education and
training needs of Minnesota local governments in the area of
information technology (IT). Through annual conferences, regional
workshops, discounted hands-on training, programs specifically for
elected officials, and the Network IT web site, Network IT offers a
variety of learning opportunities. Best of all, city clerks are a key
audience!
F. Planning and Organizing Your Work
A person's organization and use of time, space, equipment, information
and other resources will determine, to a great extent, how successful
helshe will be. This workshop focuses on how to "make things happen"
in an organized, progressive, and timely manner. Topics to be covered
include: tips and tidbits for self-management; goals, priorities, and
plans; getting help from others.
G. Property Tax Primer
This session will provide an overview on how the current property tax
system works and outlines key issues related to reform. Questions to
be addressed include: What is the current classification system and why
does it exist? What is the tax capacity rate? What is LGA? How is
LGA determined? What are the key issues related to property tax
retorm? Participants will be briefed on any current legislative initiatives
and their implications.
H. Promoting Your City: A Case Study
"How does a northern Minnesota town of 1,500 people win a national
awanl as an All-America City, beating out Boston, MA, and Bismarck,
ND? The folks from Fosston won it with style" (Star Tribune, August
3, 1996). Marching in and singing a town song to the jurors in Fort
Worth, Texas, was the culmination of much hard work and many
innovative ideas for meeting community needs (plus a talent for
promotion!). The Mayor and two other key players will describe what
they did and provide tips on how others can take steps to "put their city
on the map."
I. Technology for Storing Documents
Learn how you can end the paper chase with cost-effective document
managemem. This session will reveal how significant productivity gains
can occur without increasing the speed and power of your office
machines. You'll get the latest information about affordable hardware
and software resources.
J. How Cities Are Using Mediation and Alternative Dispute
Resolution
When a public conflict develops (especially dealing with matters of
public policy, development and economics), more and more cities are
seeking to resolve disputes outside the courthouse. Mediation and other
AD R techniques have been uSed successfully in situations involving
neighborhoods, first-time juvenile offender programs, landlord-tenant
relationships, multi-party land use, issues between governments in
provision of services, etc. This session will review various methods as
well as their advantages and disadvantages and share several actual
cases.
K. Data Practices: The Basics and Beyond
There are about 60 categories of government data. Is it surprising,
therefore, that even the most experienced clerk has questions from time
to time'! Here's a session covering some of the more confusing
examples as well as addressing some of the emerging issues related to
electronic communications. You're invited to submit a question in
advance on the registration form.
L. Liquor Licensing: Questions and Answers
From application to enforcement, a city clerk faces a number of
dilemmas related to background checks, violations, liability and.'
Here's an opportunity to get answers from the experts. The pre s
encourage potential attendees to list their question(s) on the registration
form.
FACULTY
Duke Addicks, Director of Member Services,
League of Minnesota Cities
Kathy Aho, Principal and Director of Structured Finance,
Springsted Public Advisors
Arvid Clementson, Mayor, City of Fosston
John Devine, Controller, Washington County
Al Erickson, Project Manager, Springsted Public Advisors
Rosanne Erickson, Deputy City Clerk, City of Fosston
Rusty Fifield, Financial Advisor, Ehlers and Associates
and Publicorp
Barbara Gallo, Director, Technology Services,
League of Minnesota Cities
Tom Jovanovich, Attorney, Rajkowski Hansmeier Ltd.;
City Attorney, City of Cold Spring
Marlene Kjelsberg, Office Operations Operator, Alcohol and
Gambling Enforcement, MN Dept. Of Public Safety
Barry Lane, Director of Training and Consulting Services,
Center for Business and Industry, Anoka-Ramsey Community
College
David MacGillivray, Principal and Director of Project
Management, Springsted Public Advisors
Mike McCauley, City Manager, City of Brooklyn Center
Michael McKinley, Professional Speaker,
Alive! Alive! Associates
Mike McManus, Special Investigator, Alcohol and Gambling
Enforcement, MN Dept. Of Public Safety
Carl Neu, former Councilmember and Council President,
Lakewood, Colorado; Principal, Neu and Company
Marit Smaby-Nowlin, Professional Speaker
Rich Spencer, Senior Program Planner, Government Training
Service; Project Director, Network IT
Bonnie Stewart, Economic Development Consultant
Rob Tautges, President, Tautges, Redpath and Company
Bob Thistle, Project Manager, Springsted Public Advisors
John Vinton, Director of Graduate Public Administration
Programs, Hamline University
Craig Waldron, City Administrator, City of Oakdale
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CITY OF STILL WATER
Memorandum
To:
Mayor and Council
From:
Modi Weldon, City Clerk
Date:
January 21, 1997
Subject:
Lawful Gambling Premise Permit Application
An application was submitted today by the BPO Elks # 179 for a Minnesota Lawful Gambling
Premises Permit for the Macapper Saloon and Eatery. I have a copy of the lodge's charitable
contributions for 1995 for your review, but do not have a 1996 listing, A member of the Elks
Lodge will be at tonight's meeting if you have further questions.
\.
Minnesota Lawful Gambling
Premises Permit Application - Part 1 of 2
FOR BOARD USE ONLY
BASE #
pp #
FEE
CHECK
INITIALS
DATE
.,~'.
,."",
e
LG214
(7129191 )
'+.:;;,-,-'
o
Renewal
Organization base license number
Class of premises pannit '<_
(check one)"
o A ($400) Pull-tabs, tipboards, paddlewheels, raffles, bingo
~ B ($250) Pull-tabs. tipboards. paddlewheels, raffles
o C ($200) Bingo only
o 0 ($150) Raffles only
~
Premises penn it number
New
Name of Organization .
'D'7 (!). ELks Ala /77
Business Address of Organization - Street or P. 0 Box (Do not use the address of your g~bli~ manager) J
;;. '79 ,If- MI/ 12 r L 9 ~ AI :S-SOg;Z tA.A1-~-:rtJ..
City , State Zip Code County ! DaytIme phone number
L.L tV. ~ ; t/;/2> f3 -52 't..
, Name of chief executive officer (canliot be your gambling manager) . . Tide I Daytime. ~hone nu~ber
~~ON""'L-ll /AJ .4i-L/,v&.- EXlfl-TeD (j? (/LB2- : (tl2)r~-(,2' /
lngo Occasions
If applying for a class A or C permit. fill In days and beginning & ending hours of bingo occasions:
No more than seven bingo occasions may be conducted by your or~anization per week.
Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning lEnding Hours
to
to
to
to
to
to
to Ifbingo will not be conducted. check here ~
Gambltng.t:9:~i!iJs..~~):Jn'OrDifltlQP:.::II:::.':::;::::::(' '. . . .. .:::;.::t::;:::::::::!i::::::::I:;.:.::::.:::...;:;:::.::::::,::.;::;:;:::.::::I!:....:;::j:;:!:!:j:!::t:::i:i:::::::i{::f.;:..:\:t;:j;:::;:.::;::
1'~,aJ1~ ~stablishment where gambling will ~duc:ted' {SJeet A,ddress (do not "sJ.f1.~st office box number)
t:t.lt:.V~FJ2 SA--Lc10 t~ ;2 'f- ~C:; t<t' 4- J A Qr:
Is the premises located within city limits? Yes C No It no, is township D organized D unorganized D umncorporated
R Township and County where gambling premises is located if outside of city limits
City
le..o , -f
Does your organization 0 n the building where the gambling will be conducted?
If no, attach the following:
. a copy of the lease (form LG202) with terms for at least one year.
. a copy of a sketch of the Roor plan with dimensions, showing what portion is being leased.
A lease and sketch are not required for Class D applications.
Zip Code
S S'1!J~2-
NO
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Addres~cJi~t6~espa~e of gain.bIirigequlpmerit:~[)g:~~WJse:~pbbo~riJrn~i.::::.... .
Address City Slate Zip code
~/LLIVAIIL It'AJ. "J-J(),rL
l
d. 7~
/Z
AI '/rJ<..rL/L
I
::;.!-
Ga:mbung SlteAUth:oriZatioD.... .. ....... .. .1 am the chief executive officer of the organization;
I hereby consent that local law enforcement officers, the .1 assume full responsibility for the fair and lawful opera-
board or agents of the board, or the commissioner of tion of all activities to be exmducted;
revenue or public safety, or agents of the commissioners, .1 will familiarize myself with the laws of Minnesota
may enter the premises to enforce the law. governing lawful gambling and rules of the board and
Bank Records Information agree, if licensed, to abide by those laws and rules,
The board is authorized to inspect the bank records of the including amendments to them;
gambling account whenever necessary to fulfill .any changes in application information will be submittgd
requirements of current gambling rules and law. to the board and local unit of government within 10 days
Oath of the change; and
I declare that: .1 understand that failure to provide required information
.1 have read this application and all information submitted or providing false or misleading information may result in
to the ard is true, accurate and complete; the denial or revocation of the license.
.all oth required in ormation has been fully disclosed;
~ign u of cho ecutive off~r
\ ~ I '
Local.G06~tf,.lJ1.~nt A~kh()u,l~dg~m:~*;..
Date
/-Y-:77
.................-....
........."...... -,
;.;:.:.:.:::::;::;::.-.:.::::::;:::::::::::;::.::::;::::::>.;.;
","" . - ........;.;.;.;-;.;.;.;.;...........
...........................
. ....
..- . .. .... .
:.:.:.;...:.:.;;.:.:.;-:.:.;.;...........
.............-......................
.-....-:.-.;..;.:;:::::::::.:;:::.;.;.....
:;:;:.::::;.:;.;.;.:::.;.:;:-:.;.:;:::::.:.:.;.:...:::...;;..:
,. The city .must sign this application if the gambling prem-
ises is located within city limits.
2. The county ..AND township.. must sign this application if
the gambling premises is located within a township.
3. The local unit government (city or county) must pass a
reso;:Jiion speciiicaily appruving r:Jr denying thiS :ipplicativll.
4. A coov of the local unit of eovernment's resolution ao-
provine this aoolication must be attached to this aoolication.
5. If this application is denied by the local unit of government,
it should not be submitted to the Gambling Control Board.
Townshin: Bv sionatlJrO? b~!ow thp. township ackncw/!edgps
that the o'rganizatiOn is applying for a premises permit within
township limits.
Townshl **
Township Name
Signature of person receiving application
"-
Signature of person receiving application
Date Received
Tide
Date Received
Refer to t,he instructions for required attachments.
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Mail to: Gambling Control Board
Rosewood Plaza South, 3rd Floor
1711 W. County Road B
Rosevllle, UN 55113
LG214(Par1 2)
(Rev7I2lWl)
LG202
(Rev 06/17/96)
Minnesota Lawful Gambling
LEASE AGREEMENT FOR
PULL-TAB, PADDLEWHEEL, TIPBOARD, AND/OR RAFFLE
ACTIVITY AT A PERMITTED PREMISES
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Name of Legal Owner of Property
Street Address
..City
Zip Daytime Phone
S-So.fz..
In
Zip
) 4./30 ~"3 7/tJ
Daytime Phone
Name ofLes treet Address
(This mayor may not be the same as the Legal Owner of the Property)
S'u m.tll,v
City
S IQ IJ1 <-
Name of Leased Premises
Street Address
City
(
Zip Daytime Phone
S-.n:pz.-
) o/j() -57/ CJ
Daytime Phone
BTOtELkS
Type of gambling activity (check all that apply) that will be conducted atthi;,gambling premises.
o Raffles D Paddlewheels ,J2SJ>uIl-tabs D Tipboards
Total rent cannot exceed SI,OOO per month for all non-bingo lease agreements with your organization for this gambling premises.
An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling.
I Rent to be paid per month $ ~ 00 ~. I
List dimensions of all areas leased by your organization for the conduct of gambling activity checked above, including storage.
h feet by 5' feet for a total of 3D square feet.
feet by feet for a total of square feet.
feet by feet for a total of square feet.
feet by feet for a total of sq uare feet.
feet by tcet tor a total of square feet.
teet by feet for a total of square feet.
I Combined total So square footage
The leased areas are:
Storage
Storage
Submit a sketch (drawing) of the gambling premises. This must show the location of your organization's leased area(s) for the conduct
oflawful gambling, including are~ leased for storage of your gambling product on this gambling premises. Be sure to write the dimensions
of the leased areas on the sketch. TIlE DIMENSIONS ON TIlE SKETCH MUST BE TIlE SAME AS TlIOSE USTED ABOVE.
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MN Statute 349.18 Subd I states that the tenn of the lease may not begin betore the dTective date of the premises pennit and must expire
on the same day that the premises permit expires. ONLY write an elTeetive date in this area of the lease if this is a renegotiated lease
agreement occuring during the tenn of your current premises pennit.
Effective Date for Amended Lease Agreements 3 / I / Cf 7
By agreeing to the tenns of this lease, it is mutually agreed that:
The owner of the property or the lessor
may not manage gambling at the pre-
mises;
The lessor of the premises, his or her
immediate family, and any agents or
employees of the lessee may not partici-
pate as players in the conduct of lawful
gambling on the leased premises;
The lessor and the lessee do not have a
direct or indirect financial interest in the
distribution or manufacture of gambling
equipment;
The lessor of the premises will allow the
Board or agents of the Board, the Commis-
sioner of Public Safety or agents of the com-
missioner, or the Commissioner of Revenue
or agents of the commissioner, and law en-
forcement personnel to inspect the premises
at any reasonable time, and permit the
organization to conduct lawful gambling at
the premises according to the terms of this
lease. The lessor may not impose any con-
ditions on the organization regarding dis-
tributors of gambling equipment, services,
or the use of profits;
The lease shall be terminated for any illegal
The organization must obtain an organi- gambling violations occurring on the pre-
ZdtiOit license. garnbiiiig man~g;rUcer:s~
and a premises permit from the Gam-
bling Control Board. The organization
will be responsible for complying with the
laws and rules of lawful gambling;
The term of the lease shall be concur-
rent with the premises permit;
~~.~isc~:
The organization will be responsible for en-
suring that the lessor's business activities
are not conducted on the leased premises;
LG202
(Rev 06117/96)
The lessor of the premises shall provide
the lessee access to the permitted pre-
mises during any time reasonable and
necessary to conduct lawful gambling on
the premises and as agreed upon in this
lease;
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The lessor shall not modify, terminate or
refuse to renew this lease in whole or in
part because the organization reported
to a state or local law enforcement au-
thority or the Board the occurrence at the
site of illegal gambling activity in which
the organization did not participate; and
Th~ organi~djon must hz','e. ,<t the g<\m-_
bling premises, a current inventory of
gambling equipment, a sketch with di-
mensions of the premises available for
review, and a clear physical separation
or divider between the lessee's gambling
equipment and the lessor's business
equipment.
/tLl)l/~ rc> E-I,IIM- ~4-rzrr; 4-r jlIIp- A-{)'j)~S kG-h/ t/ H4f' v#~/A/,fre-
A~
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required
between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease must be
submitted to the Gambling Control Board 10 days prior to the effective date of the change.
D::t~
;ign;';t~
e
Print Name and Title or Lessor Signatory
f{filj CHrL.ScJp
(2tC-tf/ffl. 1) CFlrL50JJ OWIJeL
.'H~.1ti~J!: ,)rr;,i~: (ic~c~)
Daie
~;(AL.151UJ RUL~
A copy or this lease and a sketch, with dimensions must be submitted with the premises pennit appUcatioD or
premises pennit application renewal or ",.hen any changes in the lease agreement occur.
This publication will be made available in alternative format (Le. large print, braille) upon request.
Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000.
If you use a TIY. you can call us using the Minnesota Relay Service at (612) 297-5353 or 1-800-627-3529 and ask ~
them to place a call to (612) 639-4000. .
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compli-
ance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on
this form will become public information when received by the GCE.
,
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3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
November 27,1996
RE:
Stillwater, Minnesota
Highland of Stillwater 6th Addition
City Project No. L.I. 306
SEH No. A-STILL9414
Mr. Klayton Eckles
City Engineer
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear Klayton:
Attached are two copies of Application for Payment No.5 and Final from Yolk Sewer and Water
for the Highlands of Stillwater 6th Addition Improvements. This application is in the amount of
$13,085.03. The contractor is in the process of obtaining the Lien Waivers, Withholding Affidavit
for Contractors (IC-134) and Consent of Surety Company to Final Payment. These will be sent as
soon as we have received them. We have reviewed the project with representatives from the City
of Stillwater and have found that the project conforms to the intent of the plans and specifications.
I would recommend that the City of Stillwater approve this 5th and Final Application for Payment
in the amount of $13,085.03 from Yolk Sewer and Water and accept the improvements for
maintenance. If you have any questions, please contact me. /
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Barry C. Peters, P.E.
Project Manager
cab
Enclosures
F:IPROJECTSISTILLI9414ILETTERSIECKLES.N27
SHORT ELLIOTT
HENDRICKSON INC.
MINNEAPOLIS, MN
ST. CLOUD. MN
CHIPPEWA FALLS, WI
MADISON, WI
LAKE COUNTY, IN
EQUAL OPPORTUNITY EMPLOYER
!
APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
NO.
f) (FINAL')
e
OWNER:
STILLWATER, MINNESOTA
OWNER'S PROJECT NO.
ENGINEER'S PROJECT NO.
L.1. 306
STILL9414
LOCATION: STILLWATER, MINNESOTA
CONTRACTOR
YOLK SEWER AND WATER
8909 BASS CREEK ROAD
BROOKLYN PARK, MINNESOTA 55428
HIGHLAND OF STILLWATER 6TH ADDITION
NOVCHBEJ'.. 22. 19'16
tVoICfv1f3CR 22. /99",
CONTRACT DATE
CONTRACT AMOUNT
$133,780.28
CONTR. FOR
APPLlC.DATE
PERIOD END.
APPLICATION FOR PAYMENT
DESCRIPTION
CONTRACT QUANT.
UNIT QUANT. TO DATE
UNIT
PRICE
TOTAL
PAGE 1 OF 4
SHORT ELLIOTT HENDRICKSON, INC.
15 DISC ANCHORING ACRE 0.6 7a.75 $
16 BALE CHECKS EACH 16 3.00 $
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TOTAL STREET CONSTRUCTION
$ 5'7,9(,;;1(;. (,9/
SANITARY SEWER
17 CONN. TO EX. SAN. SEWER MH EA. 1 I 300.00 $ 300.00
1a CONSTRUCT MH OVER EXISTING
SEWERIW o-a' MH EA. 1 I 1,000.00 $ I,Gr-O.OO
19 CONN. TO EX. SAN. SEWER STUB EA. 1 I 50.00 $ 50. on
20 STANDARD MANHOLE EA. 11 /I 950.00 $ iO,4 50. (.x')
21 a"x4" PVC WYE EA. 29 2 (} 20.00 $ 560.00
22 a" PVC SAN. SEW. o-a' L.F. 913 ct7.:S 10.00 $ q. 7.3(). on
23 a" PVC SAN. SEW. a-10' L.F. 147 J <;. 4 C'\ 10.00 $ i, n4500
......' J ,-J
24 a" PVC SAN. SEW. 10-12' L.F. 12a /64:; 10.00 $ I, 0(,0.00
25 a" PVC SAN. SEW. 12-14' L.F. 31 31 12.00 $ 372.0.')
26 EXTRA DEPTH MANHOLE L.F. 5.7 F: -- ao.oo $ 45fn.00
:.J, /
27 4" PVC SERVICE L.F. 903 993.5 5.00 $ 4,qc~7,50
2a CRUSHED ROCK PIPE FOUND. TON 200 0.01 $
TOTAL SANITARY SEWER CONSTRUCTION $,31 /410. 50./
WATERMAIN
29 CONNECT TO EX. WATERMAIN EA. 3 2 100.00 $ 200. 00
30 6" GATE VALVE & BOX EA. 4 :2; 325.00 $ <} 75. Of)
31 EXC. FOR CITY INSTALLED CORP. EA. 29 2'7 0.01 $ 2'~
; I
32 CITY INSTALLED CORP. EA. 29 2 '7 75.00 $ 2.025 00
33 1" CURB STOP & BOX EA. 29 [.7 ao.oo $ 2.160. co
e 34 HYDRANT EA. 2 2- 1,100.00 $ 2. 200. 00
35 INSTALL CITY FURNISHED HYD. EA. 1 550.00 $
PAGE 2 OF 4 SHORT ELLIOTT HENDRICKSON, INC.
35 6" DIP WATERMAIN, CLASS 52
36 1" COPPER
37 DIP FITTINGS
L.F.
L.F.
LBS
1040 //0Z-
886 q 49:
368 7, r
.......')0"-;
13.00 $ i5,iOi::.On
5.00 $ 4,74().Qn
1.50 $
Tr ., AA
j.J t: . '=-W
TOTAL WATERMAIN CONSTRUCTION
$ -? ", C, ~ Co _" r-!/
..... . J j c/o t.. /
STORM SEWER
38 CONNECT TO EXIST. STORM
SEWER CB EA. 2 I 200.00 $ '1(";
::.. Jo. 00
39 12" RCP STORM SEWER CL. V L.F. 523 ,.- . ,r- /0 17.00 $ 9.20G, In
:)4")
40 21" RCP STORM SEWER CL. III L.F. 151 /31. 15 24.00 $ 4 4e'l (11
i J J ,c'j
41 12" RCP ARPON EA. 1 i 400.00 $ 400, 0'')
42 CONSTRUCT CATCH BASIN,
DESIGN "B" L.F. 4.2 .- ^ 200.00 $ i, OrcG, 0'J
.'). ..J
43 CONSTRUCT CATCH BASIN,
DESIGN "B 1" L.F. 3.1 4,1) 200.00 $ ROo. 0)
44 CONSTRUCT CATCH BASIN,
DESIGH "Y" L.F, 16.4 / ], 4 200.00 $ 3.400, en
45 CASTING ASSEMBLIES R3067 EA. 6 (I-' 240.00 $ j, ~t40, 00
46 CASTING ASSEMBLIES R2577 EA. 140.00 $ /4-0. Co
TOTAL STORM SEWER CONSTRUCTION $ 2.i, 216..30/
TOTAL
/
$1.3'0. 1.: 15 7 Ie
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PAGE30F4
SHORT ELLIOTT HENDRICKSON, INC.
'.
APPLICATION FOR PAYMENT
Total Contract
Amount
e
$133,780.28
Total Amount Earned
Material Suitably Stored on Site, Not Incorporated into Work
Contract Change Order No.
Contract Change Order No.
Contract Change Order No.
% Complete
% Complete
% Complete
Gross Amount Due............................................. $ I 313, G I:) .7(.
% Retainage.......-......................... $
Less
,00
Amount Due to Date........................................... $ j 3'0, G I '::.,7 fc
Less Previous Applications................................. $ j 2.':5, 5 00 ,~
. Amount Due This Application............................. $ i 3; Oc 5~3
CONTRACTOR'S AFFIDAVIT '0 *" "*-~
The undersigned Contractor hereby swears under penalty of pe~ury that (1) all previous progress payments received from
the Owner on account of work performed under the contract referred to above have been applied by the undersigned to
discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for
Payment under said contract, and (2) all materials and equipment incorporated in said Project or otherwise listed in or
covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances.
Dated /I /"22 /Qb VOi..K .sE \r"L~ S VJATEf:. T A.) C
(Contractor)
By: t~'-1. c-- "-X. Y.h--uL , 7.i:..E~ i Ofjvl
(Name and Title)
County of /I-VIII'\. .
State of f-l / V
Before me on this FtJ f./) day of -LYell/eM b-l y- ,19~personally appeared f}J../;tCi.!(' I/o IK
known to me, who being duly sworn, did depose and say that he is the ,~....P ), rJ..() I \ l- of the Contractor
above mentioned; that he executed the above Application for Payment and Affidavit on behaJ1 of said Contractor; and that
all of the state- .-,-' . (' rrect and comPlete.~ (//&.,
M C . ."". RANDY P. VOLK /1. /// '/ /~
Y ommlSSIO,. NOTARY PUBLIC. MINNESOTA r. I ~,/
.. HENNEPIN COUNTY v '/ .
Mv Commission Exoires Jan. 31 2000 ~ otary Public)
The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the
Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge
in full all of his obligations in connection with the work covered by all prior Applications for Payment.
e
In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due.
SHO~T ELLIOTT HE~N~RI1KSON' INC.
By: /. 1J-
cr- -~
-1\lou ~~llqq,
Date
PAGE40F4
SHORT ELLIOTT HENDRICKSON, INC.
.'
RESOLUTION NO. 97-
e
ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT
FOR HIGHLANDS OF STILL WATER 6TH ADDITION IMPROVEMENTS
(L.I. 306)
WHEREAS, pursuant to a written contract signed with the City of Stillwater on August
12, 1994, Yolk Sewer and Water of Brooklyn Park, Minnesota has satisfactorily completed the
improvement of sanitary sewer, watermains, storm sewer and streets to serve Highlands of
Stillwater 6th Addition, in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City of Stillwater, Minnesota. The
work completed under said contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to
issue a proper order for the final payment of $13,085.03 on such contract, taking the contractor's
receipt in full.
Adopted by the City Council this 21st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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STAFF REQUEST ITEM
DEPARTMENT: Planning
DATE: January 16. 1997
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Pentium 200 CPU computer. 17" monitor. Canon printer and software $3.995
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 IN THE COUNCIL
MATERIAL PACKET.
SUBMITTED BY .#
-
DATE ~//7If 7
If
.
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STAFF REQUEST ITEM
DEPARTMENT Administration MEETING DATE
DESCRIPTION OF REQUEST (Briefly outline what the request is)
June 4. 1996
Request to purchase the following items:
Copy Duplicating Services (CDP) service, parts
and supplies agreemeflt for 1997:
Konica Copier
Mita Copier
320,000 copies/.01 09 each excess copy
$3,488.00
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 service agreement is budgeted for in the 1997 budget
ADDITIONAL INFORMATION ATTACHED
YES X
NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL
MATERIAL PACKET.
SUBMITTED BY
DATE
1111
PRODUCT PROTECTION AGREEMENT
SA - to ~ 3 &3
-
COVERAGE PERIOD
I To: I
INSTALLATION LOCATION
company:--'dt'1 d ~ St, I( w~ter P.O. #:
Contact: Tn A Y''"1 Co r~~; (,. Phone #: 43'1- u/.)..1
Installation Address: .;2.1 G N a "th ~w.." tl-. ~ f t' 02. <.r Floor: 1~,-J.~
City: S"tl U WA to (" State: Yr)N Zip Code:\-(..s-O r J..
BILL TO
Division and Company (if different than Installation Location): S f:r tfJ Q..
Attention/Department: Phone #:
Address:
City: State: Zip Code:
Special Instructions:
EQUIPMENT INFORMATION
~New DRenewal DField Service DCarry-in Service IXPRO-TECT~ Product Protection DFull Product Protection DStandard Product Protection
.
Manufacturer Model I 1.0.# Serial # I Beginning Meter
rn,tA G S-~ 0 I I
I
I I
KO)\L \:. A- " C; '(~ :l, 3~1l90 I
I
I
I I
lX Annual Rate: $--..... ~~~ i'>CopiesAllowed:...... :3~.1 i =. ~ExcessCopiesAt: $~each
~ ":) ~3 . . .J
D Quarterly Rate: $ ~ i 4- ~ & I Copies Allowed: ~ <l . ~ 0 C Excess Copies At: $ each
D Monthly Rate: $ Copies Allowed: Excess Copies At: $ each
Accessory charge per invoice; $ For:
AGREEMENT
This agreement includes service and parts which may require repair or replacement due to normal wear and use for the equipment shown on this
agreement. .
The terms and conditions shown on both the front and the reverse side of this agreement are a complete and exclusive statement of our agreement
to service.
Void if not returned by: I
.' Customer's Signature:
COP Acceptance:
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Customer's Printed Name:
COP Representative:
Position:
Date:
rograms Payable In Advance
.
HEMO
TO: MAYOR & CITY COUNCIL
DIRECTOR ~ p
FROM: DIANE DEBLON, FINANCE
DATE: JANUARY is, 1997
SUBJECT: SNOWBIRD POLICY
Backqround
The city council directed staff to inquire and research the policy used
by other cities for the treatment of snowbirds (residents that leave
during the winter) regarding utility services.
Analysis
Staff has contacted seven comparable sized cities in the area and found
the following policies to be unanimous:
1. Water charges are based on actual winter usage.
2. Sewer charges are based on actual winter water usage.
3. No adjustments are made to sewer. charges for leaving during the
winter.
4. If the city bills for garbage (not all do). then a credit is allowed
if the resident is gone for more than one month.
I
Also. some cities allow the water to be turned off at no charge and
charge a fee for water turn on. Fees for water turn on were $15.00 to
$25.00. Stillwater charges $30.00 for water turn on and contrary to
prior information, there is NOT a water turn off charge.
Conclusion
Based on the information gathered, the City of Still~vater handles the
"snowbirds" in a similar manner to other cities for the utility charges.
Recommendation
Staff recommends no change in policy at this time.
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PARKS DEPARTMENT - TIM THOMSEN
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PARK UPDATE FOR 1996 AND 1997
Lily Lake Recreation Center - So. Greelev St. at Lilv Lake - 14 acres. plus lake
Two (2) adult league softball fields - one slow pitch and one fast pitch.
One field lite - slow pitch
Three tennis courts - lighted
One basketball court - lighted
Swimming beach, boat launch with dock & fishing pier
Electric boat motors on Lily Lake only
Indoor ice arena, with large parking lot
One picnic shelter with six picnic tables
Two B.B.Q grills
Automatic underground irrigation on ball fields
Two drinking fountains
One sand volley ball court
Swing set with playground equipment
Restrooms - open from April 15th thru October 15th, weather permitting
Pioneer Park - at the corner of North Second Street and Laurel Street - 3 acres
Restrooms - open April 15th thru October 15th - weather permitting
Picnic tables throughout the park
Two large B.B.Q. grills
Drinking fountains
Two picnic shelters end to end with electricity
Six picnic tables each
Swings, slides and other playground equipment
Band shell - decorative flower gardens
Scenic view of the St. Croix River and the tovvTI
Lowell Park - down town Stillwater on the River Front - East Nelson St. - East Mvrtle Street
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Restrooms - open April 15th thru October 15th. weather permitting
Drinking fountain
Several flower beds
Picnic tables - park benches throughout the park
River front gazebo for weddings or small groups
River front fishing
Scenic view of the St. Croix River and the Stillwater Lift Bridge
Annual events - Spring and Fall Art Fairs
Lumberjack Days - Music in the Park - Wednesday nights
~
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Washington Park - S. Greelev St. and Churchill St. - 2 1/2 acres
Portable restroom
Drinking fountain
Picnic Shelter with 4-8 foot picnic tables
Picnic tables throughout the park
Small ball field with back stop
All new playground equipment - swings, slides, teeter-toters, little diggers, and a ten plus play
structure for kids ten years old and over.
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Northland Park - Co. Rd. 12 and Northland Ave. - 15 acres
Lower level - portable restrooms, adult league softball field, ten horseshoe courts, three lighted
tennis courts, one lighted hockey rink with one pleasure rink for free skating, warming house, tot
lot play equipment and two drinking fountains.
Upper level - One tee ball or little league
Ball field - One wooden play structure two soccer fields in the fall
Sunrise Park - Sunrise Ave. and Hidden Vallev Lane - 18 1/2 acres
A new tot lot and playground will be relocated in the summer of 1997
Picnic tables and benches throughout the park
One full size soccer field
One portable restroom
One backstop for recreational ball
Groves of spruce and pine trees for nature walks and wild life
Meadowlark Park - Crestwood Terrace. off of Fairmeadows Road - 3 acres
One backstop for recreational ball
Swing set - one playground structure
Picnic tables
Skating rink with li!!ht
~ ~
New volleyball court with sand base
New grading for water problems will be done in the summer of 1997
One basketball backboard
Ramsev - Grove Park - Bordered bv Ramsev Street. Grove Street and Mvrtle Street - 1 1/2 acres
Large tar area for basketball - skating in the winter
Swing set, teeter toter, small merry-go-round, some benches - lighted year round
Staples Field - Wilkins St. and Martha St. - 2 acres
Three lighted tennis courts
One small ball field with backstop
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2
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One playground structure
One skating rink in the winter
Picnic tables and benches
Drinking fountain in the tennis court area
New basketball court with a ten foot fence around it, to be installed in the summer of 1997
South Broadwav - Triangle Park - South Broadwav and Willard Street - 1/2 acre
All new playground equipment installed in 1996, swings, teeter toter, little diggers slide
One basketball backboard
Skating rink in the winter
Schulenberg Park - North Second St. and Hazel St. - 2 acres
One ballfield with back stop
One large playground structure installed in 1994
New swing set and slide installed in 1996
Skating rink in the winter
McKusick Park - Owens St. and McKusick Road - 1/2 acre
One small picnic shelter with table
Parking lot
Several flower beds - view of McKusick Lake from the East end
Adjoins a two mile walking path along McKusick Lake on the North side of the lake
Benson Park - North side of West Orleans St. - 6 1/2 acres
Painted basketball court
Sand volleyball court
Small softball field with backstop
Two picnic shelters with tables
Tot playground equipment
Small skating rink in the winter
Playground for older children
Walking path throughout the park with several park benches along walking path
Work to be done on the park for 1997 will be adding over 60 trees and shrubs
Flower beds
Privacy fence for portable restrooms
Drinking fountain
Park sign
Anez Ridge Park - Shelton and Tuenge Drive - 3 1/2 acres
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Benches and picnic tables
Tot playground structure
...
.J
,
Work to be done in 1997
Install 2 - 8" picnic shelters with tables
One Horseshoe court
Sand Volley ball court
Walking path
Trees, shrubs and flower beds
Install park sign
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Kolliner Park - Wisconsin side of the St. Croix River - 49 acres
Park closed to traffic by land because of extremely high vandalism
Accessible by boat for picnics
Nature area
Nightingale Park - South End of Nightingale Boulevard - 13 1/2 acres
Open space and woods - poor access
Borders Brewers pond with some fish in it - walk in only
Nature area
Land purchased in 1995 and 1996 for park land - 13 acres on West end of McKusick Rd. and
Neal Ave.
Neal and McKusick Park Land
Possible uses for this land is nature area with walking paths and trout fishing for kids 16 years
old and younger
Disc golf
East End of Shelton Drive - 5 acres of undeveloped land
Possible use is to leave it a nature area with walking path that connects to Anez Ridge
Undeveloped Area #1 - Croixwood - across from Nightingale Park - 6 1/4 acres
Spruce and Pine Groves
Nature area
Borders bay on Long Lake
Undeveloped Area #2 - Croixwood - Entrance off Nightingale and Northland Avenues - 14 acres
Three acres open, balance wooded
Borders Long Lake
Nature area
Undeveloped Area #3 - Croixwood - narrow strip between Northland & Fair/awn A venues
Entrance off Northland
Three and one- fourth acres
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4
Bluff and drainage area
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Undeveloped Area #4 - Croixwood - Three and one-fourth acres West of Northland Avenue
and South of Interlachen Drive
No access
Drainage area
Miscellaneous Maintenance Load - assumed from Public Works Department
Library grounds, walks, and steps.
City Hall grounds.
Old Prison Site - historical marker.
Area around former Minnesota Department of Transportation building on North Main Street.
Landscaped areas at South Main Parking Lot.
Main Street steps, Willard Street steps, Chestnut Street steps, Laurel Street steps.
Vacant lots and right-of-ways at Pine and Owens Streets; Echo Lane; Harriet and Anderson
Streets; Linden Streets; Carnelian Street and area around pond by CUB Foods.
Six miles of sidewalks and boulevards adjacent to public property scattered about town.
Senior citizens mini-park, located between Lowell Inn and Highrise. Picnic shelter and tables.
Cut weeds and brush along all city sidewalks and medians.
Take care of all downtown shrubs and plants in city parking lots.
Flail mow all city lots throughout the town.
RECREATIONAL FACILITIES
Two full play basketball courts
Three adult softball fields
Seven kids softball fields
Two full play volleyball courts
Ten tennis courts
Eleven horse shoe courts
One fishing pier
One boat dock
One swimming beach
One soccer field year around
Three soccer and football fields for Fall use
Ten picnic shelters
Twelve parks with playground equipment with one foot of sand under all of the playground
equipment
T en skating rinks in the winter
Approximately 171.75 acres of park land
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MEMORANDUM
TO:
Mayor and City Council
FR: Steve Russell, Community Development Director
1
!
~----
DA: January 17, 1997
RE: UPDATE ON ST. CROIX VALLEY SPORTS COMPLEX
The update includes two items. A request for approval for professional services for
survey and environmental services and a update/status report on site master
planning and the arena design.
At meeting time, the architect will present the master plan for the site. The uses
indicated in the master plan include two ice sheets (one covered), air structure, field
house, public works site and space for a new armory or possible aquatics center.
Some design related issues have come up that need input from the council. These
areas are project budget as it relates to building size and revenues and facility
management (city, contractor, nonprofit or other). Paul Erickson from the Blain National
Sports Centre has a lot of experience regarding sports facility management and
marketing and has offered to share his experience with the city.
It is suggested the council schedule a special meeting on January 28 (preferably) or
February 4 (regular meeting - afternoon session) to discuss these issues and provide
needed direction for continued complex design work.
Attachments: Staff reports
..,
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MEMO
St. Croix Valley Sports Complex
. Ice Arena & Field House
City Council Meeting
Monday, January 20,1997
@ Stillwater Public Library
223 North Fourth Street
Re: Working Committee I Council Update
Date: 1.16.97
To: Steve Russell
From: Tim Stefan
We plan to give an update to the council on Monday, January 20, 1997. We anticip;ue the update will include:
1. Phase One & Master Plan Scheme update.
- Pros and Cons comments (enclosure)
2. Phas~ One and Master Plan Building Program:
Phase One Program:
- 400 stall parking lot
- On site Storm Watee Management
- Outdoor Ice Rink
- Indoor Ice Arena (1200 capacity, 50,000 gsf)
- Field House Bubble
3 bubble sizes are under study:
A. 246' x 333' = 82,000 gsf
B. 216' x 273' = 59,000 gsf
C. 200' x 273' = 55,000 gsf
3. Tenative Schedule:
Feb. 3
Feb. 3
Feb. 10
Feb. 18
Feb. 21
March 4
Master Plan Program:
- 400 stall parking lot
- On site Storm Water Management
- Second Indoor Ice Sheet (30,000 gsf)
- Indoor Ice Arena
- Field House Bubble
- Public Works Facility
(30,000 gsf building with in 3 acre site)
- Aquatics or Armory (30,000 gsf)
Ad Hoc Steering Comittee Meeting (5:30pm)
H.P.C. Design Review Meeting (7:00pm
Planning Review Meeting
City Council Approval
Early Bid Packages (8 packages) to Bid
City Council Approval ofE.A.W.
4. City Council Workshop:
The S.C.V.S.c. working committee requests a City Council workshop for either Jan 28, 1997 or Feb. 4,
1997. Jan. 28 preferred to meet above schedule and avoid special review meetings.
Suggested attendees are Mayor and Council members, City staff, Design/Construction Management Team,
Hockey and Soccer representative and Paul Erickson, Blaine National Sports Center director.
Purpose is to resolve three issues :
1. Final Budget
2. Field House Bubble Size relative to pro forma information.
3. Facility Management
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ST. CROIX VALLEY SPORTS COMPLEX
MASTER PLAN
PROS
* Spgrts cqmplex orientation understood from Hwy 5 & 36.
- Front doOr and parking faces 5 & 36
* Re~onds to residents (apts. and townhomes~
- lOcates pa~ aw~y from residents
- locates hardsl18ll bufding (future) at north property Ine
- buildings and hi screen service areas from residences
* Site plan allows for Armory or Aquatics in several locations.
* Storm water management pond incorporated as design element
i1 entry S8(JJence to front door.
* Pltic works yard screened with existing trees and buldings.
* Phase one develops a portion of the site for future flexbity.
CONS
* Reduced setback I variance (40' shown I 75' required)
for addtion of second ice.
* Outdoor rink (temporary) faces townhouses.
* Large graded area on eastern portion of site (aU schemes).
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~=
NORTH
$
1 = 50'
14 JAN 1997
WASTER PLAN
Ice Arena
Field HoWIe
PubUc Yorks
Second IDdoor Ice
Armory/Aquatics Center
Parking (382)
"-./
------
-
...
ST. CROIX VAl' CENTER
MA~
ANKENY KELL ARCHITECTS G. 11'. OLSEN
-
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MEMORANDUM
TO:
Mayor and City Council
FR: Steve Russell, Community Development Director V
DA: January 16, 1997
RE: AUTHORIZATION TO OBTAIN PROFESSIONAL SERVICES FOR ST. CROIX
SPORTS COMPLEX
The attached proposals for services are required as a part of the project design and
development process for the St. Croix Valley sports complex.
The proposals include services to obtain accurate boundary, topographic and survey
information, $5,940 and environmental review information, environmental assessment
worksheet preparation, $3,500 - $4,500. Attached are proposals for both services.
These costs would be paid directly by the city to the contractor's as reimbursable costs
as described in the contract with Ankey - Kell Architects.
Recommendation: Approval of service agreements for survey and environmental
services.
Attachments: Proposals
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~ '---~~ ~
1coE~A~\FIE~~v~v~~W~ d
/ ~ ~---- ~
7~1~ WAYZATA BOULEVARD MINNEAPOLIS. MINNESOTA ~~~26
~
Phone: (612) 5-l6-S837
FAX: (612) 546-S839
December 20,1996
Steve Russell
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Re: Surveying services proposal for the proposed Stillwater Community Center
Dear Mr. Russell:
We have reviewed our file information on the subject property and have visited the
site. Outlined below is a proposed scope of work and an estimated cost for the
above referenced project:
Predesi~m survey
$3,960.00
* Research appropriate sources to determine utility locations and horizontal
and vertical control.
* Perform a boundary survey based on a provided property description.
* Perform a topographic survey sufficient for one foot contour interval
mapping.
* Perform a tree survey locating and identifying each tree six inches in
diameter and larger by size and species.
* Provide a certificate of survey showing existing conditions, property
boundary, topography, trees and any provided easements.
Final plat
$1,980.00
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* Prepare a final plat, based on the approved preliminary plat, according to
state and county requirements.
* Perform staking of final property corners.
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Steve Russell
City of Stillwater
Page two
Our proposed costs cover only those items outlined above. Revisions, changes,
additional requests or needs of the city, or restaking will be provided on an hourly
basis. Some costs to be incurred, not included in this proposal, are city
subdivision fees, engineering costs, county plat checking fee, reprographics costs,
title examination, deed taxes, recording fees and payment of 1997 taxes.
To conform to exact property boundaries of record, to show any easements
affecting the property, and to meet county requirements it would be necessary that
we be provided a copy of a current title commitment or title opinion prior to the
preliminary plat phase.
We look forward to working with you on your subdivision. If you have any
questions or if we can assist you in any way please do not hesitate to call me at
546-6837.
Spit!
Jack Boike
Vice President, COO
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Ankeny, Kelt Architects
821 Raymond Avenue. Suite 400
~t. Paul, Minne~ota 55114
(612) 645.8806
(612) G-15-0079 FAX
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FAX Transmittal
Company:
To:
Fax:
Phone:
City of Stillwater
Steve Russell
439-0456
From:
DateITime:
Pro ject No;
Project:
Eric Lagerquist
Jan 16.1997
96089.01
St Croi)( Valley
Pages Sent (including thiS one): 5
Original to fOllOW by mail: 0
Remarks: Steve,
rollowing is a more in-depth proposal and description of the Environmental Assessment
WorkSheet that is needed. This will be taken care of through our office. but we will not be
marking UP HKS's fee_
Please note that this propoS<l1 does not include reimbursable expenses on EAW process. The
reimbursable cost snould be in the range of $900 to $1,500.
If you have any questions please let me know.
GA5-6806
Eric N. Lagerquist. AlA
Copy to:
By:
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Fax:
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"'S81
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490-2000 800325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
January 16, 1997
RE: City of Stillwater
Stillwater Ice Arena - EA W
SEH No. P-STILL9709.00
Mr. Steve Russell
Community Development Director
City of Stillwater
216 North 4th Street
Stillwater, Minnesota 55082
Dear Mr. Russell:
As you recently requested, SEH is pleased to provide you with our proposal to prepare an EA W for
the proposed Stillwater Ice Arena. As we discussed, the fee for the preparation of the document
assumes that no supplemental studies will be required and includes one meeting to present our
fmdings to the City and one meeting with the Minnesota Planning Board, EQB, for the submittal of
the document.
All work will be performed on an hourly basis in accordance with the attached schedule of hourly
rates. We estimate the cost of the above noted work to be within a range of between $3,500 _ $4,500
dependant upon the outcome of the findings identified in the study.
All work will be preformed in accordance with our signed Agreement for Professional Services dated
April 20, 1983, and the attached hourly rate schedule.
Sincerely,
~J!!h;~
Richard E. Moore, P.E.
Civil Department Manager
smm
Enclosure
FIMARKETlCV\CIVIL2\SUBMIT AL \1 997\STlLL 709WPD
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SHORT ELLIOTT
HENDRICKSON INC
MINNEAPOLIS, MN
ST CLOUD. MN
CHIPPEWA FALLS, WI
MADISON, WI
LAKE COUNTY, IN
EQUAL OPPORTUNITY EMPLOYER
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Hourly Billable Cost
Classification
Project Manager
Project Engineer
Staff Engineer
Senior Technician
Technician
Word Processor
Project Specialist (i.e. architect, traffic,
environmental, structural, waste management
registered land surveyor)
Billable Cost
$85.00
$75.00
$65.00
$62.00
$47.00
$38.00
$55.00-125.00
Expenses
Mileage
Per Diem
Reproduction
Geodmeter
Survey Van Rental
$O.3l1mile
(at cost)
(at cost)
$25.00/hour
$4.50/hour
Issued: April 1, 1996
Expires: April 1, 1997
For Stillwater, Minnesota
Short Elliott Hendrickson Inc.
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Mandatory ElS Category
Exemption
Industrial I Commercial I Institutional Facilities
QB.
Note that projects of these types may also Jil various other specific industrial categories or the categories for: air pol/ulion, water appropriation
and impoundments, stream diversion, wetlands and protected waters, agriculture and forestry, natural areas, historic places, mixed
commercia/-residentiol, sports or entertainment facilities, or communication towers
4410.4300, subp. 14 4410.4400, subp. 11 4410.4600, subp. 10
C. Construction of a new or expansion or an
existing industrial, conunercial, or institu-
tional facility of 20,000 of more square feet
of ground area, if the local governmental writ
has not adopted approved water-related land
use management district ordinances or plans,
as applicable, and either the project involves
riparian frontage of 20,000 or more square
feet of ground area to be developed is within
a water-related land use management district.
However, this item only applies to shoreland
areas, floodplains, and state wild and scenic
riven land use districts if the local writ of
government has received official notice from
the Depanment of Natural Resources that it
must adopt applicable land use management
district ordinances within a specific period
of time. (Local)
. Notes
Terms used in these categories mean the following:
"Warehousing fadlity" - a subcategory of industrial-commercial land use that has as its primary function the storage of goods or materials; other
uses, such as office space ors sales space may be present in small amounts.
"LIght IndustrlaJ facility" - a subcategory of industrial /and use with a primary function other than manufacturing with less than 500 employees.
"Gross floor space" . the total square footage of al/ floors, including that of al/ stnu:tures on the project site, bul not including parking lots or
approach areas.
"Ground area" - this includes the total surface area which would be converted to an impervious surface in conjunction with the project, and does
include parking /ots and approaches.
City Class
- cities of the first class: Mp/s., St. Paul, Dululh
- cities of the second class: 20,000 or more population
tliJies of the third class: 10,000 to 20,000 population
iJies of the fourth class: less than 101JOO population
'he EQB uses the laJest reliable population estimates rather than the /atest U.s. Census data in deciding what class a city is of)
A. Construction of a new or expansion of an
existing warehousing or light industrial
facility equal to or in excess of the follow-
ing threshoWs, expressed as gross floor
space:
1. Unincorporated area, 150,000 sq. ft.
2 Thin! or fourth class city, 300,00 sq. ft.
3. Second class city, 450,000 sq. ft.
4. First class city, 600,00 sq. ft.
(Local)
B. Construction of a new or expansion of an
existing industrial, conunercial, or institu-
tional facility, other than a warehousing or
light industrial facility, equal to or in excess
of the following thresholds, expressed as
gross floor space:
1. Unincorporated area, 100:000 s;oo ft.
q Thin! or fourth class citv. 200 _ sn u.::>
:-Second class city. 300,000 sq. ft.
4. FIrst class city, 400,000 sq. ft.
(Local)
caJh.aJ tmt psge
A. Construction of a new or expansion of an
existing warehousing or light industrial
facility equal to or in excess of the follow-
ing thresholds, expressed as gross floor
space.
1. Unincorporated area, 375,00 sq. ft.
2 Thin! or fourth class city, 750,000 sq. ft.
3. Second class city, 1,000,000 sq. ft.
4. FIrSt class city, 1,500,000 sq. ft.
(Local)
B. Construction of a new or expansion of an
existing industrial, conunercial, or instibJ-
tional facility, other than a warehousing or
light industrial facility equal to or in excess
of the following thresholds, expressed as
gross floor space:
1. Unincorporated area, 250,000 sq. ft.
2 Thin! or fourth class city, 500,000 sq. ft.
3. Second class city, 750,000 sq. ft.
4. First class city, 1,000,000 sq. ft.
(Local)
C. Construction of a new or expansion of an
exiting industrial, commercial, or institution-
al facility of 100,000 or more square feet of
ground area, if the local governmental writ
has not adopted approved water-related land
use management district ordinances or plans,
as applicable, and with the project involves
riparian frontage or 100,000 or more square
feet of ground ares to be developed is within
a water-related land use management district.
However, this item only applies to shoreland
areas, floodplains, and state wild and scenic
riven land use districts if the local
governmental writ has received official
notice from the Department of Natural
Resources that it must adopt applicable land
use management ordinances within a
specified period of time. (Local)
3
A. Construction of a new or expansion of an
existing industrial, conunercial, or institu-
tional facility of less than the following
thresholds, expressed as gross floor space,
provided that nopan of the development is
within a water-related land use management
district:
1. Thin! or fooM class city or unincor-
porated area, 50,000 sq. ft.
2. Second class city, 75,000 sq. ft.
3. FIrst class city, 100,000 sq. ft., if no part
of the development is within a shoreland
area, delineated flood plain, state or
federally designated wild and scenic
rivers district, the Minnesota River Project
Rive:bend area, or the Mississippi head-
Walen areas.
B. Construction of an industrial, commercial, or
institutional facility with less than 4,000
square feet of gross floor space, and with as-
sociated parking facilities designed for 20
vehicles or less.
as
..1..1
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EA W Process
ROV ~lis FAW to d~ list
':~'~~"'~';'-'~:W~~~
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RGU~EAWi.:;~~
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I .
I vmrs
Q"I'J ... ...... .
pn.4 q/ .... '" ......
-- ..... .., ........
RGV app'(MS EA W fur di.~
111:J5~days
lID ~ ',1,wing ~
RGU ~ ptSS ~
7 ~ 21 cakn1ar &rts
.
.
NcU;e ~ in ~ rvbUD'
7 ~ 21 days at!a rec.c;x 0( f!AW
30 d3y cunm:;m JX%iod
(~ .ill ~B M:cia
~~)
---rc~ ~.
:,: 4
"....1:
~, Ft
:.'.1'
~~ ~
" .
',~ .'
~ :,
\: .
... :~: '.
!.;. ~
,.
j,;
~
~.l
j i
~ :~
:30 (3lcrdar days
~: .
~
30 my axnmtnL p:;OCd ems
.,
;~ .
,.
"
.
. 3~dayslO30~
KGU Ori:b if pup;t ~ ES
am ~ 1I o:;rom:ttS
ROU di.strihJtes rare r:/ ~
. ~
-'III1r
llD' ~dlsy3
II.
-'lJ
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. I 7 to 21 caIcndar days
. I
N~ ~ in EQB M:niu -~__ I I
7 lD 21 days ~ ~ d <b::i.sD1 ...... ~ .\21 V'I1It'J ~xting en RGU
......
5
.
MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Sports Complex financing update
DA: January 16, 1997
I thought it important to provide you with an update on the financing of the sports complex at
this time (and in conjunction with the update of the progress of the work associated with the
facilities that is being provided to you by Steve Russell).
First of all, the Council has entered into agreements with Ankony- Kell, etal, and GWO for
architectural and construction management services. Although the architectural services contract
does allow some spending safeguards and the CM contract will not kick in until the construction
contracts are awarded, there will be costs incurred as we go forward with the project. These
costs could, depending on how far we progress, exceed $250,000. The expenditures are presently
being paid from General fund revenues. If the project does not go forward then the General fund
will not be reimbursed.
Second, the financing shortfall for the project, based on the most recent projection is still about
$1,000,000. Therefore, the City will have to fund the shortfall with general tax levy revenues or
some other source of revenue (i.e., contributions, donations, etc.) to make up the shortfall. The
debt service related to financing the shortfall, as previously presented to the Council was about
$110, 000 per year. However, Ron Langness has identified a possible revised debt financing
structure that could reduce the debt service requirement to about $90,000 per year. In any event
there still appears to be a finaricing shortfall.
I realize that the Council has been given this information before. However, I still thought it
important to let you know that the financing problems still exist. I also thought it important to
restate the problem so that those who are working on the facilities design know that there are
limited funds available to finance the project and that the costs need to be minimized or reduced
but certainly not increased.
I can discuss this further with you at the meeting.
4f~
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TO:
FR:
RE:
DA:
MEMORANDUM
Mayor and Council
City Coordinator
Water Board Commission Appointments
January 17, 1997
Discussion:
The City has received applications from three residents requesting appointment to the Water
Board. The applicants are:
Gary Funke
Jim Stevensen
Dennis Yon
(W-4)
(W-2)
(W-2)
Recommendation:
Appointment of one of the above applicants to the Water Board.
--
~~
Date: I /cf'/9 ~7
,
CITY OF STILLWATER
APPLICATION FOR APPOINTMENT
TO ADVISORY BOARDS AND COMMISSIONS
Name: GL:?r! 9- /~/h/<~
Address: /~6' 5'" W ~/ J1,.c 5V. 51// /jJpk/; /;/jJ1. !: 50 g ~
)
Home Telephone: L/:59 - d ?3 6 _3 Work Telephone:
-
1.
How long have you lived in Stillwater?
J/ .~ YrslMo.
.4 Which Ward
2.
What Stillwater community activities have you been involved in?
'41 &~1 kr
3. Please describe any previous experience you have which is similar to serving on a
volunteer advisory board/commission.
0/YfJ')~'I/ Tee'''; tf~:I~/l 13cdfd Sj}/)t;-6
--p l?l h r1" 11{ /0 m WJ;' ~ < /o/"u
,A tVylLJ 1'1 & m H1/'f/e...e.-
4//;--';':30/0 ""'Ect7#,V..v' .:56r1/cr~///~J /'1,..:; /1-Jre,n
f/
4. Do you have a preferred Board/Commission that you are interested in serving on?
Yes..:;i- No_ If yes, fill in name of Board/Commission: /i~ I~/' -g--o,/1c:'1
5.
Would you consider an alternate appointment?
If yes, which one?
Yes
No X
6. Please describe any schedule conflicts with the regular meeting schedules for the
board/commissions (i.e., routine travel, work schedules and the like).
/l;}-~ e~
/
//
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
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.---- --.---.-- -- ------,...-----
,
Date: }d cJ/JIL/ 9 ?
CITY OF STILL WA TER
APPLICATION FOR APPOINTMENT
TO ADVISORY BOARDS AND COMMISSIONS
e Name: c;jl1 IV/It 5 ';(Si-:e- v rA/' >tA./
Address: / / )Z 3 - /z/ / ~ ,5/~.
Home Telephone: ?,30;- 3.2 ff{;
Work Telephone:
1.
How long have you lived in Stillwater?
~o.
3.eo Which Ward
2. What Stillwater community activities have you been involved in?
l3a'S //,t'J/Vi//2 -r /Ji/lIJJTz-/,qfN't'"1: J~',,( t(}V{'I!/I1lY O.<!it'/ll &e/5
//FI-J vtlZ Mf/JL5' 0/1/ a))!ert:-5
,5 cc::/!-"e TIll-Ie- /Ie il VI T if S
3. Please describe any previous experience you have which is similar to serving on a
volunteer advisory board/commission.
DcYf-1l () C I:: 0/ /.!. ~ C 7;:/ /('5 - 1<; viA.. /J1 L' ),./ V /2 it /r1 (1;;;1/"5; (' 7 7/( 5)
j~z.e5/);h,'tv' '/ ~ T72f!/l5~{/'!N - /;-/1/.e5"//rJ,t"V7 CP<,6z/5~//t' l/t?L. r'/k?~ - Rec/c',c /ls~C', /'ifll)
{t.;1//0J/ .:/ie~//f/'!/ ?'C;;( /7;;!..l",/c./Jte-i/ 'c;-.- eJry 5;(PC;('V/'30/2.5 - ~Y/Z5.
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: Vv'41//2 1/1" /T-
5.
Would you consider an alternate appointment? Yes
If yes, which one? ;0-~T ffr -r?//-5" /j~/?
No X
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?
'--UI/ /:( eO - ;1/11 tJ 11/1(/<:. ;l ,./.?7,1 c;/ r fit'.e 7/A L
8. Please describe any other relevant information you would like us to know.
f//IV//l/t: 8cc// 45:; ~ r/J!." t' CI/I/Z'j= ~ 4./) It~/f!/~/A/,&: t-'?/.e le'OIe/Nt.. i d./Ilf-
e VIE 4/1101 Ie Oc/T f;JZ/C5c,VAdt... -:;:: rc Z i. f fi/lve ::J~#\~ KM'lt/LI'PCC: !:71'"' C~.I?/'cff7f,p/
* * * * Attach Additional Sheets, if necessary* * * *
THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL
AND IS CLASSIFIED AS PUBLIC DATA
,
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Jay Kimble, Mayor
City Office Building
Stillwater, MN. 55082
December 17, 1996
Mr. Mayor:
Please consider this letter as a statement of my interest in serving on the Board of Water
Commissioners for the City of Stillwater. I feel that the Water Department is an
important part of the city infrastructure and that I can contribute to the continued
successful operation of the department.
I have resided in the City of Stillwater since 1956 and am a graduate of the Stillwater
school system and the University of Minnesota. I also spent my working career in the
City. I feel that my work experience and education have given me the necessary tools to
be an effective Commissioner and because I am now retired, I have the time necessary to
devote to the duties of a Commissioner.
I have enclosed a resume for your use and information. Should you need any further
information, please feel free to contact me at 439-3830. Thank you for consideration.
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Resume
Dennis A. Yon
J an 1996 - Present Retired.
Jan 1992- Jan 1996 Registered Investment Specialist for Firstar Corporation.
Assisted customers with long-term investment decisions.
Dec 1965 - Jan 1996 First National Bank of StillwaterlFirstar Corporation. Worked in
all phases of community banking, lending, personnel, operations,
and government reporting with emphasis in building and
equipment management. Also attended night school at the
University of Minnesota and graduated with a Bachelor of Science
in Business degree.
Oct 1962 - Oct 1965 United States Army Security Agency. Served both stateside and
overseas.
Sept 1959 - Oct 1965 Attended Hamline University and St. Paul Vocational Institute.
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Mediation of bridge issue
DA: January 17, 1997
Discussion:
The City has been asked to participate in Federal Mediation to try to find an acceptable solution
to the new bridge and the decision made by the National Parks Service. Although I believe it is
always useful to try to resolve issues thru a mediation process I have some serious reservations
about mediating this issue. First of all (as Mayor Kimble eloquently explained at the joint council
meeting last Tuesday) there are 70 to 80 agencies/jurisdiction/groups that have been involved in
the bridge decision process. Although most of these "players" would probably not have an issue
with the design and location question it would only take one or two dissatisfied groups to kill
any solution that may be developed in mediation (and design and location is a major issue with
NPS and the environmental groups). In other words reaching a consensus would, in my
estimation be a formidable task and reaching a unanimous decision would be an impossible task.
Second, even if a unanimous decision was achieved it would appear that a new bridge design and
location would have to be part of the decision. This would mean that another 4-5 years of work
would have to be performed before the bridge would actually be built and who knows what
agency or community will corne forward in the future to challenge what has been previously
agreed upon (we are where we are at today because some of the "players" have changed their
position on the bridge).
Recommendation:
In summary, I would recommend that the City continue to explore mediation and to continue to
meet with the City of Oak Park Heights, but foremost, to proceed with the court action that has
already been started (see the motion filed by the City Attorney which accompanies this
memorandum).
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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: (61.2) 439-5641
DAVID T. MAGNUSON
RICHARD D. ALLEN
MEMORANDUM
TO:
FROM:
DATE:
January 16, 1997
RE:
Bridge Litigation
Enclosed for your information is a copy of the pleadings that we have filed in the Federal Court asking
for intervention in the bridge litigation.
The hearing on our motion has been set before Judge Lebedoff at the Federal Courthouse in Minneapolis
on Monday, the 4th of February, 1997, at 9:30 a.m. I will keep you informed of any developments.
DTM/ds
Enclosures
cc: Ed Cain
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FOURTH DIVISION
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Sierra Club North Star Chapter
and Voyageurs Region National Park,
Court File No.: 4-96-547
Plaintiff,
vs.
. Federico Peiia, Secretary of the
United States Deparnnent of
Transportation; Rodney Slater,
Administrator of the Federal Highway
Administration; Bruce Babbit,
Secretary of the United States
Dep~ment of the Interior; and
Roger Kennedy, Director of the
National Park Service,
NOTICE OF MOTION Al"lffi
MOTION FOR LEAVE
TO INTERVENE
Defendants,
and
State of Minnesota,
Intervenor,
and
City of Stillwater, Washington
County, Minnesota,
Applicant for Intervention.
TO: Sierra Club - North Star Chapter and Voyager's Regional Park, Plaintiffs, and their attorneys,
Brian B. O'Neill, Richard A. Duncan, and Elizabeth H. Schmiesing of the law offices of Faegre
& Benson, L.L.P., 2200 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota
55402-3901.
Federico Peiia, Secretary of the United States Department of Transportation, Rodney Slater,
Administrator of the Federal Highway Administration, Bruce Babbit, Secretary of the United
States Department of the Interior, and Roger Kennedy, Director of the National Park Service,
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Defendants, and their attorneys, Paul F. Holleman, United States Department of Justice,
Environment and Natural Resources Division, General Litigation Section, P.O. Box 663,
Washington, D.C. 20044-0663, and Friedreich A.P. Siekert, Assistant United States Attorney,
Room 234, United States Court House, 110 South 4tp Street, Minneapolis, Minnesota 55401.
State of Minnesota, Intervenor, and its attorney, Hubert H. Humphrey III, Attorney General,
State of Minnesota by Sherry A. Enzler, Assistant Attorney General, 1100 NCL Tower, 445
Minnesota Street, St. Paul, Minnesota 55101.
MOTION
City of Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class and
political subdivision of the State of Minnesota, moves for leave to intervene as a Defendant in this action
in order to assert the Answer against Plaintiffs set forth in the proposed Answer and Cross Claim of
Applicant, City of Stillwater, a copy of which is attached. As grounds, Applicant states:
1. That they are parties in interest to a decision by the Defendant, National Park Service
(NPS) relating to construction of the proposed St. Croix River Bridge between Oak Park Heights and
Stillwater, Minnesota, and Houlton, Wisconsin. The NPS issued a ruling under 97 A of the Federal Wild
and Scenic Rivers Act (the Act), declaring that the proposed bridge have an adverse impact on the St.
Croix River scenic quality.
2. That the City of Stillwater has a substantial interest in a determination of this Court that
the St. Croix River Bridge Project is not a "Water Resources Project" within the meaning of Section
16(b) of the Act.
3. That a disposition of this action in favor of the NPS will impair or impede the City o~
Stillwater's ability to protect the interests of its citizens and the future of the City of Stillwater's historic
district, its parkways and parks and its ability to manage unburdenable interstate traffic. The disposition
of this action will determine whether the City will be able to manage its future.
4. That the City of Stillwater's interests are not adequately represented by the existing
parties.
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5.
That the City of Stillwater and the State of Minnesota, as Intervenor and the issues raised
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by the Complaint and the Answers of the Defendants to the main action, have numerous common
questions of law and fact.
6. That permitting the City of Stillwater to intervene will not unduly delay or prejudice the
adjudication of the rights of the original parties. Applicant stands ready to proceed to trial on the issue
in question at the pleasure of the Court and the convenience of the original parties.
7. This Motion is accompanied by a pleading setting for the reasons for which Intervention
is sought, a Memorandum of the Applicant and by a proposed order granting Intervention. As appears
from the attached certificate, this Motion to Intervene has been served upon all parties effected by it.
WHEREFORE, Applicant prays that it be permitted to intervene as a party Defendant in this case.
NOTICE OF MOTION
TO: Sierra Club - North Star Chapter .and Voyager's Regional Park, Plaintiffs, and their attorneys,
Brian B. O'Neill, Richard A. Duncan, and Elizabeth H. Schmiesing of the law offices of Faegre
& Benson, L.L.P., 2200 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota
55402-3901.
Frederico Peiia, Secretary of the United States Department of Transportation, Rodney Slater,
Administrator of the Federal Highway Administration, Bruce Babbit, Secretary of the United
States Department of the Interior, and Roger Kennedy, Director of the National Park Service,
Defendants, and their attorneys, Paul F. Holleman, United States Department of Justice,
Environment and Natural Resources Division, General Litigation Section, P.O. Box 663,
Washington, D.C. 20044-0663, and Friedreich A.P. Siekert, Assistant United States Attorney,
Room 234, United States Court House, 110 South 4th Street, Minneapolis, Minnesota 55401.
State of Minnesota, Intervenor, and its attorney, Hubert H. Humphrey III, Attorney General,
State of Minnesota by Sherry A. Enzler, Assistant Attorney General, 1100 NCL Tower, 445
Minnesota Street, St. Paul, Minnesota 55101.
PLEASE TAKE NOTICE that the undersigned will bring the above Motion for Leave to
Intervene on for hearing before this Court before the Honorable Jonathan Lebedoff, Magistrate at Room
572, United States Courthouse, 110 South 4th Street, City of Minneapolis, State of Minnesota, on
Monday February 4, 1997, at 9:30 a.m. or as soon thereafter as counsel can be heard.
...
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Dated: January 14, 1997
MAGNUSON LAW FIRM
I
David T. Ma \ uson (#66400)
Stillwater Cit Attorney
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
. FOURTH DIVISION
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Sierra Club North Star Chapter
and Voyageurs Region National Park,
Court File No.: 4-96-547
Plaintiff,
vs.
Federico Peiia, Secretary of the
United States Department of
Transportation; Rodney Slater,
Administrator of the Federal Highway
Administration; Bruce Babbit,
Secretary of the United States
Depanment of the Interior; and
Roger Kennedy, Director of the
National Park Service,
Defendants,
and
ANSWER AND CROSS CLAIM
OF APPLICANT FOR
INTERVENTION
State of Minnesota,
Intervenor,
and
City of Stillwater, Washington
County. Minnesota,
Applicant for Intervention.
TO: Sierra Club - North Star Chapter and Voyager's Regional Park, Plaintiffs, and their attorneys,
Brian B. O'Neill, Richard A. Duncan, and Elizabeth H. Schmiesing of the law offices of Faegre
& Benson, L.L.P., 2200 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota
55402-3901.
Federico Peiia, Secretary of the United States Department of Transportation, Rodney Slater,
Administrator of the Federal Highway Administration, Bruce Babbit, Secretary of the United
States Department of the Interior, and Roger Kennedy. Director of the National Park Service,
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Defendants, and their attorneys, Paul F. Holleman, United States Department of Justice,
Environment and Natural Resources Division, General Litigation Section, P.O. Box 663,
Washington, D.C. 20044-0663, and Friedreich A.P. Siekert, Assistant United States Attorney,
Room 234, United States Court House, 110 Somh 4th Street, Minneapolis, Minnesota 55401.
State of Minnesota, Intervenor, and its attorney, Hubert H. Humphrey III, Attorney General,
State of Minilesota by Sherry A. Enzler, Assistant Attorney General, 1100 NCL Tower, 445
Minnesota Street, St. Paul, Minnesota 55101.
APPLICANT FOR INTERVENTION, City of Stillwater, Washington County, Minnesota, for
its Answer to Plaintiff, Sierra Club - North Star Chapter and Voyager's Regional Park Complaint and
. for its Cross Claim against the United States Department of the Interior, National Park Service (NPS)
in the above matter states and alleges as follows:
ANSWER
1. Except as admitted or qualified, denies each and every allegation contained in the
Complaint.
2. Admits the allegations in paragraphs 1, 5, 7, 22, 25, 26, 27, 28, and 30 of the
Complaint.
3. Adopts the allegations and responses and affirmative defenses of the State of Minnesota,
by Commissioner James Denn, Minnesota Department of Transportation and realleges each allegation as
if fully set forth in this answer.
CROSS CLAIM OF THE CITY OF STILLWATER,
WASIDNGTON COUNTY, MINNESOTA, AGAINST
DEFENDANT ROGER KENNEDY, DIRECTOR OF
THE NATIONAL PARK SERVICE
1. This Cross Claim is brought against Roger Kennedy, Director of the National Park
Service, United States Department of the Interior, in his official capacity (NPS).
2. For its Cross Claim against NPS, the City of Stillwater states and alleges as follows:
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FACTS
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3. That on December 23, 1996, the NPS determined that the proposed new crossing of the
St. Croix River at Stillwater (the Project) is located on a segment of the river established under the Wild
and Scenic River Act (the Act) (Public Law 90-542, as amended; 16 U.S.c. 1271 et seq.), and;
4. On December 23, 1996, NPS determined that the Project was a water resources project
.
since it was a project that would affect the free-flowing characteristics of The St. Croix 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 a natural condition without impoundment, diversion, straightening, rip-
rapping, or other modifications of the water way", and;
5. That based upon a Section 7(a) Evaluation conducted by the NPS on behalf of the
Department of the Interior that the project would have a direct and adverse effect on the scenic and
recreational values for which the river was established, and;
6. On or about December 23, 1996, Midwest Field Director of NPS, William W. Schenk
issued the Letter of Determination and requested that no Federal permits be issued for the Project.
7. That in order for the Project to be built, it will require a Section 404 permit from the
u.s. Army Corps of Engineers for drainage and fill work in the river, approval from the United States
Coast Guard to place a fixed bridge over a navigable waterway and Federal funding from the Federal
Highway Administration.
8. That based upon the Section 7(a) determination made by NPS, the Federal permits and.
assistance described in paragraph 7 are being withheld.
9. That the Letter of Determination issued by NPS on or about December 23, 1996,
constitutes Final Agency Action.
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COUNT I.
VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT,
5 U.S.C. g553-339, 701-706)
ARBITRARY DETERMINATION
THAT NPS HAS AUTHORITY IN THE LOWER 25 MILES
OF THE LOWER ST. CROIX RIVER SEGMENT OF
10. The Administrative Procedure Act (APA) 5 V.S.C. g553-559, 701-706 provides for
Judicial Review of Final Agency Action.
11. That Public Law 92-560 enacted on October 25, 1972, by the 92nd Congress as Senate
file 1928 (the Act) added to the Wild and Scenic River System of the United States that part of the St.
Croix River between the dam near Taylors Falls and its confluence with the Mississippi River.
12. The Act provided, however, that a master plan be adopted within one (1) year that would,
among other things, "provide for State administration of the lower 25 miles of the Lower St. Croix River
Segment (the area between a line drawn on the North boundary of the City of Stillwater to its confluence
with the Mississippi River."
13. That the bridge crossing that is at issue in this litigation is within the area designated by
Congress to be managed by the State.
14. That the Act also provides in pan that "nothing in this chapter (16 S 1286) shall effect
existing rights of any State including the right of access with respect to the deeds of streams, tributaries
or rivers (or segments thereof) located in a National Wild Scenic or Recreational River."
15. That by Public Law No. 740 adopted by the 70th Congress of the United States as H.R..
13502 the States of Minnesota and Wisconsin were given authority over a bridge crossing at or near
Stillwater as follows:
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"Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That in order to facilitate interstate commerce, improve
the postal service, and provide for military and other purposes, the State of Minnesota
and the State of Wisconsin be and are hereby authorized to construct, maintain and
operate a free highway bridge and approaches thereto across the Saint Croix River at a
point suitable to the interests of navigation, at or near Stillwater, Minnesota, in
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accordance with the provisions of an Act emit led "An Act to regulate the construction of
bridges over navigable waters," approved March 23, 1906. .
SEe. 2. There is hereby conferred upon the State of Minnesota and the State of
Wisconsin all such rights and powers to emer upon lands to acquire, condemn, occupy,
possess, and use real estate and Qther property needed for the location, construction,
operation, and maintenance of sllch bridge and its approaches as are possessed by railroad
corporations for railroad purposes or by bridge corporations for bridge purposes in the
State in which such real estate or other property is situated, upon making just
compensation therefor, to be ascertained and paid according to the laws of such State,
and the proceedings therefor shall be the same as in the condemnation or expropriation
of property for public purposes in such State.
SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved.
Approved, February 13, 1929."
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16. That the authority to construct, maintain and operate contemplates construction and
reconstruction and includes authority and jurisdiction over the existing bridge as well as its replacement.
17. That NPS has no authority over the bridge crossing at Stillwater under the Act or
otherwise.
COu~T II.
VIOLA TION OF THE ADMINISTRATIVE PROCEDURE
ACT - ARBITRARY DETERMINATION THAT
THE PROJECT WOULD HAVE A DIRECT AND ADVERSE IMPACT
ON THE VALUE FOR WHICH THE RIVER WAS ESTABLISHED.
18. Allegations 1 through 19 are realleged as if set forth verbatim.
19. Section l.(b) of the Wild and Scenic Rivers Act, Public Law 90-542 states:
"It is hereby declared to be the policy of the United States that certain selected rivers of
the Nation which, with their immediate envirorunents, possess outstandingly remarkable
scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values,
shall be preserved in free-flowing condition, and that they and their immediate
environments shall be protected for the benefit and enjoyment of present and future
generations. "
20. The Act, in Section 1O.(a), goes on to state:
"Each component of the national wild and scenic river system shall be administered in
such a manner as to protect and enhance the values which cause it to be included in said
system, insofar as is consistent herewith, limiting other uses that do not substantially
interfere with public use and enjoymem of these values. In such administration primary
emphasis shall be given to protecting its aesthetic, scenic, historic, archaeologic, and
scientific features. Management plans for any such component may establish varving
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degrees of intensitv for protection and develooment, based on the' special attributes of the
area. (emphasis added)"
21. The Act in Section 2.(b) goes on to state:
"Every wild, scenic or recreational river in its free-flowing condition or upon restoration
to this condition, shall be considered eligible for inclusion in the national wild and scenic
rivers system and, if included, shall be classified, designated, and administered as one
of the following:
(1) Wild river areas-- Those rivers or sections of rivers that are free of impoundments
and generally inaccessible except by trail with watersheds or shorelines essentially
primitive and waters unpolluted. These represent vestiges of primitive America.
(2) Scenic river areas-- Those rivers or sections of rivers that are free of impoundments,
with shorelines or watershed still largely primitive and shorelines largely undeveloped,
but accessible in places by roads.
(3) Recreational river areas-- Those rivers or sections of rivers that are readily accessible
by road or railroad, that may have some development along their shorelines, and that
may have undergone some impoundment or diversion in the past. "
22. That prior to passage of Public Law 92-560 the Bureau of Outdoor Recreation (B.O.R.)
prepared the report "Scenic River Study of the Lower St. Croix" dated July 1972 and revised October
1972 and February 1973. This comprehensive plan refines and revises the Plan Section and River
Classification of that study as suggested in Public Law 92-560, as amended by Public Law 93-621,
approved January 4, 1975.
23. That based upon the B.O.R. study, the Final Master Plan for the Lower St. Croix dated
February, 1976 classified the following zone for the area in which the building project is proposed:
"Recreational Classification Zone. This zone extends from the Chisago-Washington
county line in Minnesota, projected across the river in Wisconsin, downstream to the
confluence of the St. Croix River with the Mississippi River. This 41.7-mile segment
includes William O'Brien State Park, the Sc. Croix Islands Wildlife Area, the Boomsite
Wayside, St. Croix Islands Recreation Area, Afton State Park, and Kinnickinnic State
Park. It includes the incorporated communities of Marine-on-Sc. Croix, Stillwater, Oak
Park Heights, Bayport, North Hudson, Hudson, Lakeland, Lakeland Shores, Lake St.
Croix Beach, Sc. Marys Point, Afton, and Prescott. In addition to the incorporated
communities, numerous seasonal and year-round residences are found clustered within
this reach. There are three highway and four railroad crossings located here. Even with
this amount of development, the recreational segment retains outstanding natural and
recreational values that have qualified this area for inclusion in the National Wild and
Scenic River System." Final Master Plan - February 1976, page 28, Lower Sc. Croix.
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24.
That in concluding that the Bridge Project would have an adverse impact on scenic value
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that NPS applied the standard that would apply to "Scenic River Areas" a proper standard for areas
classified designated and administered as Scenic River Areas, and not for recreational areas.
COlJ~l III.
VIOLATION OF THE ADMINISTRATIVE PROCEDURES
ACT, ARBITRARY DETERMINATION THAT THE PROJECT
IS A "WATER RESOURCES PROJECT" WITHIN THE MEANING OF THE ACT.
25. Realleges all paragraphs as if set forth verbatim.
26. That the term "Water Resources Project" 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."
27. That a bridge will not impound or divert the river and is therefore not a "Water Resource
Project" within the meaning of the Act.
C01JNT IV.
VIOLATION OF THE ADMINISTRATION PROCEDURE
ACT - UNTIMELY AND ARBITRARY
DETERMINATION THAT THE PROJECT WOULD HAVE A DIRECT
AND ADVERSE IMPACT ON THE VALUES FOR WHICH THE
RIVER WAS ESTABLISHED
28. Realleges paragraphs 1 through 27 as if set forth verbatim.
29. The NPS has been aware of this project for over 20 years. They first became aware o~
this project in 1974 when the regional office of the NPS issued a draft Environmental Impact Statement
(DEIS) for the Lower St. Croix National Scenic Riverway. At that time both the Federal Highway
Administration (FHW A) and the Wisconsin Department of Transportation (WISDOT) in comments to the
DEIS advised the NPS of the proposed relocation or reconstruction of the bridge over the St. Croix in
the vicinity of Stillwater. In response to these comments, in the final Environmental Impact Statement
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(FEIS), the NPS responded to the WISDOT comments by stating "Section 13(g) of the Wild and Scenic
Rivers Act provides the necessary flexibility to satisfy future transportation needs". The Park Service
further requested that they be involved in all planning of the proposed reconstruction or relocation of this
river crossing at the earliest conceptual planning stages of the Project.
30. Consistent with this request C'fnd in compliance with the directives of the Council on
Environmental Quality, Federal Section 4f requirements and other applicable federal and state law,
MnDOT and WISDOT contacted all federal and state agencies with resources in the St. Croix River
corridor including the NPS, the Federal Historic Preservation Office, the U.S. Fish and Wildlife Service,
and invited them to participate in the environmental review and planning process for this Project.
31. During the course of the ten year environmental review process for this Project MnDOT,
time and again, asked the NPS to document its position on whether the proposed Project would constitute
a water resource project within the meaning of the Wild and Scenic River Act. As early as 1988 the
National Park Service advised MnDOT that, consistent with the DOl's Solicitor General opinion, a bridge
was not a water resource project.
32. While, the National Park Service expressed concerns regarding the transportation needs
for this Project, throughout the course of the planning process, the NPS, as a cooperating agency, at no
time ever advised either the FHW A, MnDOT, or WISDOT that the proposed bridge was a water resource
project and would require a Section 7 detennination. Indeed, representatives of the NPS made verbal
representations to MnDOT that they preferred the southern corridor for the new location which location.
was ultimately adopted.
33. Both the DEIS and the FEIS for this Project were reviewed by regional and local NPS
personnel. None of the comment letters provided by the NPS on either the FEIS or DEIS stated that the
NPS considered this Project to be a water resource project. The FEIS for this Project was signed in
March 1995 and a federal record of decision was issued shortly thereafter.
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34.
In reliance on the FEIS and record of decision approved by the federal government as
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well as the National Park Service's position regarding the status of this Project MnDOT together with
WISDOT, in the Spring of 1995, commenced work on this Project. To date the two agencies have spent
in excess of $14 million on this Project. In addition, the State of Minnesota has acquired numerous
properties necessary for the bridge and bridge approach. MnDOT has displaced 70 families from
properties which it acquired for construction of this project. MnDOT has expended state funds to relocate
.mussels in the vicinity of the Project in anticipation of a Spring 1997 construction date.
35. That by participating in the Envirorunental Review for more than ten (10) years without
making a 7(a) determination and allowing the project to proceed that NPS was arbitrary.
COUNT V.
IRREPARABLE HARM
36. The new bridge is necessary to reduce traffic congestion in historic downtown Stillwater
and on the existing Stillwater-to-Wisconsin lift bridge, and to improve traffic safety and air quality in
Stillwater and surrounding areas. The existing two-lane lift bridge over the St. Croix connecting
downtown Stillwater with the Houlton, Wisconsin area is 61 years old and currently carries an average
of 15,000 vehicles per day. Projections show that by the year 2014 a bridge between Stillwater and
Houlton would need to carry nearly 30,000 vehicles per day, exceeding traffic capacity of the existing
bridge.
37. From 1980 to 1990, nearly 1,700 traffic accidents and 24 fatalities occurred on the.
roadway from Oak Park Heights through Stillwater and across the existing bridge. A new four-lane
crossing, it is estimated, would reduce the accident rate for that roadway by 50 percent. Persistent and
severe traffic congestion caused by delays on the existing bridge has resulted in air quality concerns in
the Stillwater area. The new bridge will help relieve traffic congestion in Stillwater, thus significantly
reducing congestion-related air pollution.
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38. That this action is a necessary attempt to limit the additional expense and delay that could
result from the NPS's decision. MnDOT estimates the delay caused by the NPS has already added
approximately $2-3 million to the cost of the project, if 1999 remains the target year for opening the new
bridge. If the current delay continues, however, the MnDOT is unable to advertise the bridge
construction contract by mid February 1997, the opportunity to begin construction in 1997 will be lost,
the 1999 target will be attainable and yet-to-be-determined additional expenses will be incurred.
39. That unless the NPS 7(a) determination is declared unlawful, the harm to the City will
be irreparable and result in continual loss of property and life.
40. That loss of the proposed bridge threatens imminent and irreparable harm to the City and
to its citizens. The City's interests can only be protected by a declaration that the NPS's 7(a)
determination was unlawful and that NPS be enjoined from preventing the issuance of any federal
permits, licenses or assistance and that MnDOT be allowed to proceed with plans for, and construction
of, the proposed bridge. The City has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Applicant prays for the following relief:
A. That the Plaintiff's Complaint be dismissed with prejudice and on the merits.
B. A declaration of this Court that the DOl and NPS have violated the Wild and Scenic
Rivers Act, and the Administrative Procedure Act by preventing the construction of the proposed bridge;
C. A declaration that the other Federal Defendants have acted to minimize harm to the
Riverway as required by Section 4(t) of the Transportation Act and that the plans are in compliance with
the Transportation Act;
D. A declaration that MnDOT and the Federal Defendants have administered the Riverway
in a manner that will protect and enhance the reasons for which the St. Croix was designated as a wild
.
and scenic river as required by the Wild and Scenic Rivers Act; that the DOl and NPS have wrongfully
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required and conducted a Section 7(a) determination under the Wild and Scenic Rivers Act since the
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construction of the bridge is not a "Water Resources Project" and the bridge will not have a direct and
adverse effect on the values for which the river was established; the Defendants DOl and NPS be ordered
to grant an easement to Defendant FHW A across the Riverway without unreasonable conditions
precedent; that the construction of the proposed bridge is consistent with the policy against proliferation
of transportation corridors under the Wild and Scenic Rivers Act;
E. Preliminary and permanent injunctive relief enjoining the DOl and NPS interfering with
and construction of the proposed bridge;
F. An order that the Defendant, City of Stillwater, recover from the DOl and NPS their
costs, including reasonable attorneys' fees, incurred in connection with this action, as provided for under
the Equal Access of Justice Act, 28 U.S.C. g2412(d), and other applicable law.
G. For such other and further relief as to the Court deems just.
Dated: January 14, 1997
MAGNUSON LAW FIRM
David T. Magnuson (#66400)
Stillwater City ~ttorney
333 North Malh Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FOURTH DIVISION
Sierra Club North Star Chapter
and Voyageurs Region National Park,
Court File No.: 4-96-547
Plaintiff,
vs.
'Federico Pefia, Secretary of the
United States Department of
Transportation; Rodney Slater,
Administrator Of the Federal Highway
Administration; Bruce Babbit,
Secretary of the United States
DepaIJment of the Interior; and
Roger Kennedy, Director of the
National Park Service,
MEMORANDUM IN SUPPORT
OF APPLICATION FOR INTERVENTION
Defendants,
and
State of Minnesota,
Intervenor,
and
City of Stillwater, Washington
County, Minnesota,
Applicant for Intervention.
TO:
Sierra Club - North Star Chapter and Voyager's Regional Park, Plaintiffs, and their attorneys,
Brian B. O'Neill, Richard A. Duncan, and Elizabeth H. Schmiesing of the law offices of Faegre
& Benson, L.L.P., 2200 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota
55402-3901.
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Federico Pefia, Secretary of the United States Department of Transportation, Rodney Slater,
Administrator of the Federal Highway Administration, Bruce Babbit, Secretary of the United
States Department of the Interior, and Roger Kennedy, Director of the National Park Service,
Defendants, and their attorneys, Paul F. Holleman, United States Department of Justice,
Environment and Natural Resources Division, General Litigation Section, P.O. Box 663,
Washington, D.C. 20044-0663, and Friedreich A.P. Siekert, Assistant United States Attorney, e
Room 234, United States Court House, 110 South 4th Street, Minneapolis, Minnesota 55401.
State of Minnesota, Intervenor, and its attorney, Hubert H. Humphrey III, Attorney General,
State of Minnesota by Sherry A. Enzler, Assistant Attorney General, 1100 NCL Tower, 445
Minnesota Street, S1. Paul, Minnesota 55101.
MEMORANDUM
Rule 24(a) refers to "Intervention of Right" and requires that an applicant be permitted to
intervene if the applicant satisfies the tests of Rule 24(a). Intervention is of right if a United States statute
grants an absolute right to intervene or if the applicant claims an interest relating to the property or
transaction that is the subject of the action and the applicant is so situated that the disposition of the action
as a practical matter may impair or impede the applicant's ability to protect that interest, unless the
applicant's interest is adequately represented by existing parties. Wright, Miller & Kane, Federal Practice
and Procedure: Civil 2d SS1902 and 1906.
The City of Stillwater has an unique interest in the outcome of this litigation. If the NPS were
successful in stopping the construction of the bridge, the City will suffer unique harm since it is the
largest city and is the urban center of the area. The City has faced increased traffic congestion since the
late 1960's when the first major study was made to examine replacement river crossing locations in the
area. The future of the City is directly related to removing interstate traffic from its historical downtown
streets. Further, the local environmental help that the City realizes from the new crossing in addition to
traffic include, better air quality of less everyday use, reduced traffic noise and less vibrations from truck
traffic that now is accelerating the degradations of the Historical District in the downtown. These
interests are not represented by any of the parties to these proceedings.
Rule 24(b) refers to "Permissive Intervention" and states conditions under which an applicant may
be permitted to intervene. An applicant who does not meet the test of Rule 24(a) may be permitted to
intervene under Rule 24(b)(2) if the applicant's claim or defense and the main action have a question of
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law or fact in common. Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d SS 1902 and
1910-1913.
,
The common question of law and fact that is shared by all parties is whether the bridge crossing
is a "Water Resource Project" as defined by the National Wild and Scenic River Act and whether the
NPS was arbitrary in concluding that recreational resource valued in the designation of the river was
adversely impaired.
Because the distinction between the two types of intervention is not clear, the City relies
alternatively on both subdivision (a) and subdivision (b) and prays that its application for intervention be
granted.
Dated: January 14, 1997
MAGNUSON LAW FIRM
David T. Magnuson (#66400)
Stillwater City Aitorney
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
612/439-9464
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FOURTH DIVISION
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Sierra Club North Star Chapter
and Voyageurs Region National Park,
Court File No.: 4-96-547
Plaintiff,
vs.
'Federico Pefia, Secretary of the
United States Department of
Transportation; Rodney Slater,
Administrator of the Federal Highway
Administration; Bruce Babbit,
Secretary of the United States
Dep~ent of the Interior; and
Roger Kennedy, Director of the
National Park Service,
ORDER GRANTING MOTION
TO INTERVENE
Defendants,
and
State of Minnesota,
Intervenor,
and
City of Stillwater, Washington
County, Minnesota,
Applicant for Intervention.
-----------------------------------------------------------------------------------------------------------------------------------
TO: Sierra Club - North Star Chapter and Voyager's Regional Park, Plaintiffs, and their attorneys,
Brian B. O'Neill, Richard A. Duncan, and Elizabeth H. Schmiesing of the law offices of Faegre
& Benson, L.L.P., 2200 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota
55402-3901.
Federico Pefia, Secretary of the United States Department of Transportation, Rodney Slater.
Administrator of the Federal Highway Administration, Bruce Babbit, Secretary of the United
States Department of the Interior, and Roger Kennedy, Director of the National Park Service,
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Defendants, and their attorneys, Paul F. Holleman, United States Department of Justice,
Environment and Natural Resources Division, General Litigation Section, P.O. Box 663,
Washington, D.C. 20044-0663, and Friedreich A.P. Siekert, Assistant United States Attorney,
Room 234, United States Court House, 110 South 4th Street, Minneapolis, Minnesota 55401.
State of Minnesota, Intervenor, and its attorney, Hubert H. Humphrey III, Attorney General,
State of Minnesota by Sherry A. Enzler, Assistant Attorney General, 1100 NCL Tower, 445
Minnesota Street, St. Paul, Minnesota 55101.
The Court having considered the Motion of the City of Stillwater, Washington County,
Minnesota, to be allowed to intervene, and having considered the objections filed to the Motion; it is
considered, ordered and adjudged that the Motion of the City of Stillwater to Intervene be granted and
that the City of Stillwater is hereby allowed to intervene as a party Defendant in this case and is hereby
made a party Defendant.
Dated:
Jonathan Lebedoff
Judge of District Court
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LOWER ST. CROIX
MANAGEMENT COMMISSION
MEMBER AGENCIES
NATIONAL PARK SERVICE - U.S. DEPARTMENT OF THE INTERIOR
DEPARTMENT OF NATURAL RESOURCES - STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES - STATE OF WISCONSIN
MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION lEX-OFFICIO I
Cooperation Between Responsible Management Agencies
January 14, 1997
Mayor and Council
City of stillwater
City Hall
Stillwater, Minnesota 55082
LOWER ST. CROIX
NA TIONAL RIVERWA Y
Dear Mayor and Council Members:
The recent determination by the National Park Service of adverse
effect of the planned State Highway 36-64 bridge crossing of the
Lower st. Croix National Scenic Riverway has resulted in numerous
inqUiries and actions by affected or interested parties. This letter
is to advise you of the availability of important background
information on this matter.
The Lower st. Croix River has been cooperatively managed by the
States of Minnesota and Wisconsin and the National Park Service as
one of the original components of the National wild and scenic Rivers
System since 1972. The Cooperative Agreement for coordinating its
administration, entered into by the states'governors and National
Park Service in 1973, designated the office of the Minnesota-
Wisconsin Boundary Area Commission as the Coordination Office for the
state-federal Riverway partnership.
This to advise you that this office maintains an extensive record of
consultations, correspondence and actions regarding this project as
it relates to the management of the Lower st. Croix National Scenic
Riverway. Should you need or desire such information in connection
with future considerations of this issue, please contact the
undersigned to discuss the nature of your request. We will do
everything we can to help you.
Enclosure - List of Addressees
cc: Governor Arne Carlson, state of Minnesota
Governor Tommy Thompson, State of Wisconsin
Lower st. Croix Management Commission Members
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COORDINA nON OFFICE
Minnesota-Wisconsin Boundary Area Commission, 619 Second Street, Hudson, Wisconsin 54016-1576
Minnesota Telephone (612) 436-7131 FAX (715) 386-9571 Wisconsin Telephone (715) 386-9444
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LIST OF ADDRESSEES FOR
LOWER ST. CROIX MANAGEMENT COMMISSION ADVISORY LETTER
ON ST. CROIX RIVER CROSSING INFORMATION SOURCES
Conqressional
Senator Russ Feingold
Senator Herb Kohl
Senator Rod Grams
Senator Paul Wellstone
Representative Thomas Barrett
Representative Jay Johnson
Representative Ron Kind
Representative Gerald Kleczka
Representative Scott Klug
Representative Mark Neumann
Representative David Obey
Representative Tom Petri
Representative Jim Sensenbrenner
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Representative Gil Gutknecht
Representative Bill Luther
Representative David Minge
Representative Jim Oberstar
Representative Collin Peterson
Representative Jim Ramstad
Representative Martin Sabo
Representative Bruce Vento
State Leqislators
Senator Alice Clausing
Senator Brian Rude
Senator Janet Johnson
Senator Jane Krentz
Senator Gary Laidig
Senator Len Price
Representative Bob Dueholm
Representative Sheila Harsdorf
Representative Mark Holsten
Representative Loren Jennings
Representative Peg Larsen
Representative Doug Swenson
Federal Aqencies
Bill Hartwig, U. S. Fish & Wildlife Service
Kenneth Perret, Federal Highway Administration
William Schenk, National Park' Service
Roger Wiebusch, U. S. Coast Guard
Col. J. M. Wonsik, Corps of Engineers
State Aqencies
commissioner James Denn, Minnesota DOT
Secretary Charles Thompson, Wisconsin DOT
Local Governments
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County Board, st. Croix County
County Board, Washington county
Mayor and Council, City of New Richmond
Mayor and Council, City of Oak Park Heights
Mayor and Council, Village of Somerset
Mayor and Council, city of stillwater
Town Board, st. Joseph Township
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CITY OF
OAK PARK HEIGHTS
14168 N. 57th Street. Box 2007' Oak Park Heights, MN 55082 . Phone: (612) 439-4439 . FAX 439-0574
January 17, 1997
Mayor Jay Kimble
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
RE: St. Croix River Crossing
Invitation to Participate in Mediation Process
Dear Jay:
Enclosed herewith you will find a copy of a Resolution that
has been passed by the City of Oak Park Heights dealing with the
St. Croix River Crossing and an invitation to interested parties
and government, on all levels, to participate in this process.
On behalf of the City of Oak Park Heights, I ask for your
prompt consideration of our invitation and request for your
participation in this process. We have provided also a sample
Resolution which we would suggest for your consideration.
In any
promptly and
participate
convenience.
event, we would ask that you review this matter
forward your written indication of a willingness to
in mediation on this issue at your earliest
7tI~~
David Schaaf
Mayor
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Tree City U.S.A.
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RESOLUTION NO. 97-01-03
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CITY OF OA-~ P~~ HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMITTING THE CITY OF OAK PARK HEIGHTS
TO PARTICIPATE IN MEDIATION CONDUCTED THROUGH THE FEDERAL
MEDIATION AND CONCILIATION SERVICE ON ISSUES AFFECTING
A PROPOSED ST. CROIX RIVER CROSSING AND INVITING ALL
FEDERAL, STATE AND LOCAL GOVERNMENT AGENCIES AND ALL
OTHER INTERESTED PARTIES TO JOIN IN THE MEDIATION PROCESS
TO ADDRESS' RELATED ISSUES AND PURSUE A MEDIATED SOLUTION.
WHEREAS, communities in the St. Croix Valley, including the
City of Oak Park Heights have previously received proposals from
the Commissioner of Transportation from the State of Minnesota for
a corridor proposal and a new St. Croix River Bridge; and,
WHEREAS, the Departments of Transportation for the State of
Minnesota and Wisconsin in conjunction with the Federal Department
of Highways have proposed a new St. Croix River Crossing/Bridge to
be constructed across the St. Croix River linking the State of
Minnesota with the State of Wisconsin; and,
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WHEREAS, the National Park Service has raised objections with
regard to the proposals by the State Departments of Transportation
to construct such a new St. Croix River Crossing/Bridge; and,
WHEREAS, litigation has been commenced by the Sierra Club as
against the affected Departments of Transportation raising issues
with regard to regulatory and statutory compliance, environmental
impact and others; and,
WHEREAS, the issues presented by the respective Departments of
Transportation, National Park Service and a multitude of interested
agencies, political subdivisions, interested parties and others
need to be addressed in a form that will promote, compromise and
conciliation as opposed to conflict in litigation; and,
WHEREAS, the City of Oak Park Heights is convinced that the
interests of the taxpayers, the affected communities on both sides
of the St. Croix River, and the multitude of state and federal
agencies that are involved in the issues presented by the new St.
Croix River Crossing are best served by participation in the
mediation process conducted under the authority of the Federal
Mediation and Conciliation Service.
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NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS AS FOLLOWS:
1. The City of Oak Park Heights hereby commits to
participate in a mediation conducted by the Federal Mediation and
Conciliation Service on issues affecting a proposed St. Croix River
Crossing.
2. The City of Oak Park Heights hereby extends an invitation
to all federal, state and local government agencies and other
interested persons and groups to indicate their willingness to
participate in mediation, so as to pursue immediate solution to the
many interests and issues raised by a new St. Croix River Crossing.
Passed by the City Council for the ~Y10-d_f, o~~~
this 14th day of January, 1997. ~AV-~
David Schaaf, Mayor
Heights
ATTEST:
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~chael . Robertson
City .Administrator
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RESOLUTION NO.
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CITY OF
COUNTY, (MINNESOTA/WISCONSIN)
A RESOLUTION ACKNOWLEDGING THE REQUEST OF THE CITY OF
TO PARTICIPATE IN MEDIATION AFFECTING
ISSUES ON THE PROPOSED ST. CROIX RIVER CROSSING AND
AGREEING TO PARTICIPATE IN MEDIATION AS CONDUCTED BY
THE FEDERAL MEDIATION AND CONCILIATION SERVICE.
WHEREAS, this community has received a copy of a Resolution
passed by the City of Oak Park Heights requesting participation in
mediation affecting issues on the proposed St. Croix River Crossing
with such mediation to be conducted by the Federal Mediation and
Conciliation Service; and,
WHEREAS, this community foresees the benefit to its residents
and to the taxpaying public for mediation on the issues presented
by a proposed St. Croix River Crossing with all necessary parties
joined therein; and,
WHEREAS, this community is willing to participate in such
mediation.
NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE
CITY OF AS FOLLOWS:
1. That this community hereby commits to the City of Oak
Park Heights to participate in mediation conducted by the Federal
Mediation and Conciliation Service on issues affecting a proposed
St. Croix River Crossing.
Passed by the City Council for the City of
this ____ day of , 1997.
Mayor
ATTEST:
City Clerk
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Morli Weldon, City Clerk
SUBJECT:
Transfer of On Sale Liquor License and Tobacco License
lema Pub, Inc. - Wildriver/Orleans Cafe (Charles R. Dougherty)
DISCUSSION:
A transfer of an on-sale liquor license and tobacco license applications have been
received from Charles R. Dougherty for 324 South Main. The required information has been
submitted.
RECOMMENDATION:
I recommend approval of the transfer of the on-sale liquor and tobacco license for lema
Pub, Inc. (Charles R. Dougherty), dba Wildriver/Orleans Cafe.
ACTION REOUIRED:
If Council concurs with the recommendation they should pass a motion adopting
Resolutions APPROVING LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL
FOR WILDRlVERlORLEANS, 324 SOUTH MAIN and APPROVING ON-SALE
LIQUOR LICENSE FOR WILDRlVERlORLEANS CAFE.
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jSTATE OF MINNESOTA
/ COUNTY OF WASHINGTON
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CITY OF STILL WATER
Application No.
APPLICATION FOR LICENSE TO SELL
TOBACCO PRODUCTS AT RETAIL
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The undersigned resident(s) of the City of 9 (II! w '\.ll......., in the County of 0u.5 4 M Y'~'-'\
State of Minnesota, HEREBY MAKES APPLICATION FOR LICENSE to be issued to
-::sF U II- rZ b
(Licensee Name)
..--...
Inc-
, (.vi / &. V't v c ',- /tJ"" !c-t1V1? to sell tobacco products at retail at
/
(Trade Name)
~ 32 L( . 50 v Ti... fL{" J 1'1 the City of Stillwater in said county and state for the term of
(Address of Business) ~
one (1) year beginning with the 1st day ofv'f:~ 77 , subject to the laws of the State of Minnesota
and the ordinances and regulations of said City of Stillwater pertaining thereto, and herewith deposit $250.00 in
payment of the fee therefore.
Date:
/zho/ Or":
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~&~ by
. Ig ature
aVk7 ;? G/inv
Name (Print) /
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RESOLUTION 97- ~ ~
APPROVING LICENSE TO SELL TOBAC PRODUCTS
A T RETAIL FOR WILDRIVERlORLEANS 24 SOUTH MAIN
WHEREAS, a request has been received from Jema Pub, Inc., Wildriver/Orleans, for a
license to sell tobacco products as retail; and
WHEREAS, all required forms have been submitted;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater,
Minnesota, hereby approves the issuance of a Tobacco License to Jema Pub, Inc., Charles R.
Dougherty, dba Wildriver/Orleans.
Adopted by the City Council this 21st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
RESOLUTION 97-
APPROVING ON-SALE LIQUOR LICENSE FOR
WILDRIVER/ORLEANS CAFE
WHEREAS, a request has been received from Charles R. Dougherty, DBA
Wildriver/Orleans Cafe, for an on-sale liquor license, with an anticipated opening date of
February 1, 1997.
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater,
Minnesota, hereby approves the issuance of an On-Sale Liquor License to Charles R. Dougherty,
DBA Wildriver/Orleans Cafe.
Adopted by City Council on January 21, 1997
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
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RESOLUTION # 97-
Reapportionment of assessments for L.I. 251 on Parcel #9033-2120.
Whereas, the assessments for L.I. 251 were originally filed for Parcel
#9033-2120 and;
Whereas, the balance of assessments for L.I. 251 on Parcel #9033-2120 is
$23,569.80 as of December 31, 1996 and;
Whereas, the City Council has given final approval for a subdivision of
Parcel #9033-2120 into two parcels and;
Whereas, it is the Ci ty' s policy to reapportion assessments with the
subdivision of the above-mentioned parcel.
Now, therefor, be it resolved by the
Stillwater that the assessments for
reapportioned for L.I. 251 as follows:
City Council of the City
Parcel #9033-2120 shall
of
be
#9033-2125 (Parcel A) =
#9033-2120 (Parcel B)
$14,848.97
8,720.83
Total
= $23,569.80
Adopted by Council this 21st day of January, 1997
Mayor
ATTEST:
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Escape Winter..........
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Name
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City
Phone Day Evening
Sponsorship Level/Number of Tickets
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PREPAID RESER VA TIONS ONLY Check in at Outing Lodge Front Desk
Make checks payable COSCC "Card #
Mail your reservation to:
COSCC
Box 516
Stillwater, MN 55082
Expiration Date
Signature
.. Credit card charge will show Mulberry Point Antiques.
FOR MORE INFORMA TION CALL THE CITY OF STILL WA TER CHAMBER OF COMMERCE @ 439-4001
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MEMO
TO: MAYOR & CITY COUNCIL ~~
FROH: DIANE DEBLON, FINANCE DIRECTOR
DATE: JANUARY 13. 1997
SUBJECT:
1996 TRANSFERS
In reviewing the current status of the various funds thru Dec. 23, it
\-lill be necessary for the ci ty to make additional transfers to cover
estimated deficits for the 1996 year.
The following funds are estimated to have deficits due to additional
expenditures
Special Events
Middle River
Parks
$10.000
2.000
16.000
Staff recommends the approval of $28.000 from the Dutch Elm Fund to cover
the fund deficits listed above for the year ended December 31. 1996.
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Memorandum
To:
Mayor and City Council
From: Marcy Cordes, Administrative Assistant
Date: January 16, 1997
Re: Employee Assistance Program
Discussion
Accompanying this memo is a copy of the contract with the Sand Creek Group, Ltd. for the
provision of an employee assistance program. This contract is a renewal of the existing program,
and represents approximately a 1 % increase over the cost for 1996. The cost, for what is
provided, is minimal and the program meets the recommended requirements for an employee
assistance program.
Recommendation
Council approval of contract with the Sand Creek Group, Ltd for the City's Employee Assistance
Program.
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Employee Assistance Agreement
between
The Sand Creek Group, Ltd.
and
The City of Stillwater
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Services Provided:
The program contract includes the following services:
1. Full service coverage for The City of Stillwater employees and their household members.
2. Employee Assistance personnel policy development and consultation.
3. Supervisory training of management personnel in the use of the program.
4. Employee orientation seminars to familiarize your employees with the services available to them.
5. Promotional materials including brochures, posters, newsletter articles and camera ready copies
variety of home mailings to keep your Employee Assistance Program visible to your employees, a
their families.
6. A Drug Testing Program for commercial drivers including arrangingfor drug test collection,
supervisor and employee drug awareness education, fitness for work evaluation, chemical
dependency assessment, referral, and follow-up.
7. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within y
organization.
8. Confidential assessment, referral and brief counseling to be provided to all employees, and their
family members. Up to four sessions of counseling based on the clinical recommendation of EAP
counselor. Each session being comprised of one clinical hour. All of the employees of The City 0
Stillwater and their family members may contact The Sand Creek Group for assessment, brief cou
and, when necessary, referral free-ol-charge to them. No limit is placed on the number of
assessments and referrals made annually. All contact is strictly confidential.
9. 24 hour telephone crisis intervention.
10. W orksite visits from an EAP representative to continually evaluate the status of the program
and your satisfaction. e
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II Coordination of Services:
The City of Stillwater agrees to work with the EAP representative in informing its employees of this
agreement and the services which are available to them.
III Dr"!! Test Collection:
The actual collection will be conducted by MED-WORKS who will be responsible for forwarding
samples to NIDA certified laboratories as appropriate. MED-WORKS will be responsible for
providing the mandated chain of evidence. The Sand Creek Group, Ltd. shall be held harmless
against any claims and expenses (including reasonable legal costs) arising from work performed by
MED-WORKS pursuant to this agreement.
IV Use of Name:
The City of Stillwater agrees to allow The Sand Creek Group, Ltd. to list the City as a customer on
promotional materials.
V Eli!!ihilitv:
All employees of The City of Stillwater and members of their household who are experiencing
personal, emotional, family or social problems which have direct, indirect or potential effects on
work performance or personal well being, are eligible for the services of the Employee Assistance
Program.
VI EmDlovee Participation:
A working policy of the EAP is that Employee participation in the EAP will affect neither future
employment or advancement nor protect employee from disciplinary action for continued
substandard performance.
VII ReDortin!!:
The Sand Creek Group, Ltd. will provide quarterly reports on program utilization.
No information on individual employees will be released outside of The Sand Creek Group without
the written consent of the employee.
VIII Retainer Cost:
The annual retainer charged by The Sand Creek Group, Ltd. for the employee services is as follows:
Number of employees
Cost per employee
70
$20.00
Annual EAP Contract Cost
$1.400.00
Drug Testing
$55.00 per test
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Term of Contract Januarv 1. 1997 to December 31. 1997
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Contract Payments to be made to:
The Sand Creek Group, Ltd.
333 N Main Street, #203
Stillwater, MN 55028
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Optional Services:
Organization Development Services
Trauma Team Services
$150.00 per hour
$125.00/1st two hours
$85.00 per hour over two hours
$85.00 per hour
$150.00 per hour of presentation/facilitation
Financial Services
Bag Lunch Seminars:
IX Fee for Omwing Counseling:
Payment for any ongoing counseling services beyond the initial diagnostic screening will be the
responsibility of the employee/family member.
X Modification or Termination of Contract:
This contract may be modified in writing at any time by the mutual consent of the parties.
Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time
upon 90 day notice, in writing, to the other party.
The Sand Creek Group, Ltd. The City of Stillwater
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Gretchen M Stein, Ph.D., CEAP Date Date
President & Chief Executive Officer
The Sand Creek Group, Ltd.
GMS.jes
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RESOLUTION NO. 97-
APPROVAL OF CONTRACT BETWEEN THE CITY OF STILL WATER AND
SAND CREEK GROUP, LTD.
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Contract between the
City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for
the term January 1, 1997 through December 31, 1997, hereto attached as Exhibit A, is hereby
approved, and the appropriate city staff is authorized to sign said Contract.
Adopted by the City Council this 21 st day of January, 1997.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
1:00
1:00
1:30
1:35
1:45
1:55
2:05
2:15
W ASIllNGTON COUNTY
YI
Dennis C. Hegberg
District 1
***NOTICE CHANGE IN TIlVlE***
. COUNTY BOARD AGENDA
JANUARY 21, 1997, 1:00 P.M.
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dave Engstrom
District 5/Chair
Roll Call
Consent Calendar
Public Hearing - H.E.L.M. - M. McGlothlin, Director
Amendment of the County Comprehensive Plan and Rezoning of Property in Denmark
Township
Community Services - Dan Papin, Director
Washington County Children's Mental Health Collaborative
Accounting - John Devine, Controller
1996 Collections Report
Allditor- Treasurer - R. H. Stafford, Auditor-Treasurer
Application for Consumption and Display Permit - Withrow Ballroom
General Administration - J. Schug, Administrator
A. Minnesota Environmental and Natural Resources Trust Fund Resolution
B. Amendment of Contract Administration Guidelines
Discussion from the Audience
VISitOrs may 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 minutes.
Commissioner Reports - Comments - Questions
This period of time shall be used I1y the Commissioners to reporr to the full Board on committee activities. make commenrs on matters
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.
Board Correspondence
Adjourn
*******************************-***********************************
Date
Jan. 22
Jan. 22
an;. 23
Jan. 23
Jan. 23
Jan. 27
Committee
MEETING NOTICES
Time
Location
Solid Waste Mgmt. Coord. Brd.
Mosquito Control Commission
Community Corrections
Resource Recovery Project
Metro TAB
Library Board
10:30 a.m.
9:00 a.m.
7:30 a.m.
8:30 a.m.
12:30 p.m.
6:30 p.m.
2099 University Ave. W. - St. Paul
2099 University Ave. W. - St. Paul
Lake Elmo Inn - Lake Elmo
6989 55th St. N., Suite C - Oakdale
230 E. 5th Street - Mears Park Centre
Woodbury Library
Assistive listening devi'c~s Me 8vailatJIfl for uu in (he County Bosrd Room.
If you need assistance due to disability or language barrier. pleBse call 430-6000 (TDD 439.3220t
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR*
JANUARY 21, 1997
The following items are presented for Board approval/adoption:
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DEPARTMENT/AGENCY
ITEM
Accounting
A. Approval that the County Board Chair and the Administrator be authorized to
sign the advance loan agreement for the South Washington Watershed District
and that the Controller be authorized to disburse up to the limit of the contract
of $200,000.
Auditor-Treasurer
B. Approval of abatement applications for homestead classification and reduction
of value.
C. Approval of one-day, on/sale nonintoxicating malt liquor license for the
Fireman's Ball at the Scandia Conununity Center on February 22, 1997.
D. Approval of MN Lawful Gambling Premises Permit application from Chisago
City Booster Club for Trails End Bar and Grill, New Scandia Township.
Conununity Services
E.
Approval of contract with Family Service St. Croix to provide management of
volunteer respite care services to frail elderly and children with developmental
disabilities for 1997.
F. Approval to enter into a multi-county contract with LaFamilia to provide a
clearing house for culturally appropriate services as a part of the Adolescent
Services Grant.
Health, Environment and
Land Manag~ment
G. Approval of contract renewals for jail health services: physician services with
the Stillwater Medical Group, P.A. (Steve Danaher, M.D. and Gene Stringer,
M.D.); dental services with Patrick Wolfe, DDS.; and ancillary services for
pharmacy, laboratory services, imaging, and physical therapy with Lakeview
Hospital.
Public Works
H. Approval of resolution to acquire Johnson property at 14922-60th Street North
in Oak Park Heights.
I. Approval of resolution to reject bids received for carpet needs for County
facilities as vendors submitting bids did not follow bidding guidelines.
Permission to readvertise.
-
.Consem 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.
.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
1:00
1:00
1:05
1:15
1:25
1:40
2:10
2:15
to
3:00
W ASIllNGTON COUNTY
Dennis C. Hegberg
District 1
***NOTICE CHANGE IN TIl\1E***
COUNTY BOARD AGENDA
JANUARY 14, 1997, 1:00 P.M.
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4/Chair
Dave Engstrom
District 5
Roll Call
Consent Calendar
Public Works Department - D. Wisniewski, Director
Contest to Establish a Name for the Ceridian Park
Community Services Department - D. Papin, Director
A. Application for Alternative Care Budget for State Fiscal Year 1997
B. 1997 Contract with Stivland, Inc. DIBI A Harbor Shelter and Counseling Center
General Administration - J. Schug, County Administrator
Commissioner Committee Assignments
Discussion from the Audience
VISitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the
ColDlty Administrator to prepare responses 10 your concerns. You are encouraged not to be repetitious of previous speakers and 10
limit your address to jive minutes.
Commissioner Reports - Comments - Questions
This penod of time shall be used by the Commissioners 10 repon to thejUll Board on committee activities, make comments on mailers
of interest and information, or raise questions 10 the staff. 1his action is not intended to result in substantive board action during
this rime. Any action necessary because of discussion will be scheduled for a jUture board meeting.
Board Correspondence
Executive (Closed) Session - R. Arney, County Attorney
Attorney-Client Closed Session, Review Proposed Settlement Regarding Junker Landfill
Adjourn
Workshop with County Administrator - Administration Conference Room
1997 Work Plan and Priority Projects for County Administrator
*****************************************************************
Date
Jan. 14
Jan. 15
Jan. 15
. 15
. 16
Jan. 16
Jan. 16
MEETING NOTICES
Committee
Mental Health Advisory
911 Board
Transportation Advisory
HRA Board
Metronet
Minnesota Extension Committee
Parks and Open Space
Time
4:00 p.m.
10:30 a.m.
2:00 p.m.
3:00 p.m.
12:00 p.m.
5:00 p.m.
7:00 p.m.
Location
1584 Hadley Ave. - Oakdale City Hall
2099 University Ave. W. - St. Paul
230 E. 5th St. - Mears park Centre
1584 Hadley Ave. - Oakdale City Hall
2324 University Ave. - St. Paul
1825 Curve Crest, Room 202 - Stillwater
Washington County Government Center
A$$istive listening devices.", ev.i_ble I", U$tl in the County BOIIrd Room.
"you need es.sistllnce due to dis.bility 01' IiIngUIJge berrie" pleese cell 43(}.6000 (TDD 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR **
JANUARY 14, 1997
.
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
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Administration
A. Approval of appointments/reappointments to various Citizen Advisory Committees for 1997.
B. Approval of resolution accepting the responsibility as the Brown's Creek Water Management Organization.
C. Approval of resolution authorizing the expenditure of unused portions of the 1994 and 1995 State of Minnesota
Natural Resources Block Grant.
D. Approval of revised Data Practices Policy and Procedures (Policy #1300) and approval of revised fee schedule for
non-County related services.
Auditor-Treasurer
E.
Approval of one day on-sale non-intoxicating malt liquor license for Vietnam Veterans of America Chapter 320,
for the Forest Lake Ice Fishing Contest scheduled for February 2, 1997; alternate dates of February 9 and
February 16 have also been submitted.
Community Services
F.
Approval of the 1997 contract with Community Volunteer Service for transportation services.
G. Approval of 1996 agreement with Woodbury Health Care Center (PAL Unit) to provide residential care services.
H. Approval of 1996 agreement with Holm's Sweet Home to provide residential care services.
Health, Environment and
Land Management
1.
Approval for County Board Chair and County Administrator to sign an amendment to the contract with the
Minnesota Department of Health for the Immunization Action Plan Grant.
Human Resources
J.
Approval to substitute a supervisory position of. Assistant Jail Administrator for a position of Sr. Jail Program
Coordinator in the Sheriffs Office.
K. Approval to substitute a supervisory position of Economic Support supervisor for the position of Program
Coordinator in Community Services.
L. Approval for a .75 special project Family Service Worker position in the Community Services Department from
January 1997 through December 1997.
M. Approval of banding and grading of new job description of Survey Project Coordinator in the Surveyor's Office
at C42-2; approval of attached job description.
N. Approval of banding and grading of new job description of Administrative PrQCess Specialist in the Community
Services Department at B25-1; approval of attached job description.
Public Works
O. Approval of resolution awarding the bid for the Fire Protection Sprinkler system at the Historic Courthouse to
Brothers Fire Protection Company in the amount of $61,200.
P. Approval of resolution authorizing the conveyance of a sight comer at the intersection of T .H. 36 and CSAH 5
from. Washington County to the State of Minnesota.
Q. Approval of resolutions, revocation of a portion of County State Aid Highway 36, County Road 62 and County
Road 79
Sheriff
R. Approval of grant agreement for $75,000 between the U.S. Department of Justice and Washington County in
conjunction with the City of Lake Elmo to hire one Deputy from January 19, 1997 to January 18, 2000.
.Consent C.lendar items .re gene...lly defined .s items of routine business, not requiring discussion, .nd .pproved in one vote.
Commissioners OIly elect to pull. Consent C.lendar i\em(s) for discussion .nd/or sep....te .ction.
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LMC
L-gIUI of Minnllsota Citills
Citills promoting ",,",OIl1l00
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IJtniVmily Avenue We,t, St. Paul, MN 5510.3-2044
phone: (612) 281-1200 · (800) 925-1122
Fax: (612) 281-1299 · TDD (612) 281-1290
January 6, 1997
Dear City Managers, Administrators, and Clerks:
,
Those of you who have newly elected officials are no doubt planning orientations to familiarize
new members with city goals, departments, services and programs. As part of your orientation
program, we hope you'll ewourage councilmembers and mayors to attend the League of
Minnesota Cities' Conference for Newly Elected Officials. By attending this conference, elected
officials will get an introduction to the League's Leadership Institute for Elected Officials and a
preview of upcoming programs specifically geared to their needs.
Back again by popular demand, conference leader Carl Neu will give elected officials an
overview of what it means to be a member of a city council and what their job entails.
Conference participants will also have the opportunity to hear about the rewards and challenges
of being an elected official from experienced mayors and councilmembers. In addition, each
participant will receive a notebook filled with practical information and other resources they will
need to be an effective elected official.
The Newly Elected Officials Conference will be held on four different dates and in four different
locations:
ST. PAUL
Radisson Hotel
Jan. 31-Feb. I
WILLMAR
Holiday Inn
Feb. 7 -8
BLOOMINGTON
Holiday Inn International Airport
Feb. 28-Mar. I
GRAND RAPIDS
Sawmill Inn
Feb. 21-22
Newly elected officials can select a program site that is nearest to them or most conveniently
scheduled.
Encourage your newly elected officials to attend this conference and learn more about what's
involved in the job of being an elected official, the legal realities of what city councils can and
cannot do, how to work with staff, and the practical aspects of being an effective elected official.
Further information is available in the enclosed flyer and registration materials. We appreciate
your assistance in distributing this information to your city officials.
If you need additional information about this conference, please contact Cathy Dovidio at 612-
281-1250.
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Q;inCerelY,
I (1A
f/James F. Miller
Executive Director
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
League of Minnesota Cities Leadership Institute presents the. . . .
Conference for Newly Elected Officials .
St. Paul * Will mar * Grand Rapids * Bloomington
January 31-February 1 February 7-8 February 21-22 February 28-March 1
~ NEWLY ELECTED? RECENnY APPOINTED?
CONGRATULATIONS!
You have taken on a very important
responsibility-to make decisions important
to the future of your city.
~ FEEUNG EXCITED BUT JUST A BIT UNPREPARED?
Irs NATURAL!
When you take office, your constituents will
look to you for leadership. They'll expect
you to know what to do, not realizing how
much there is to learn.
~ WANT TO SHORTEN YOUR ulEARNING CURVEU?
TAKE HEART!
AvOid the wasted time and frustration of
learning by trial and error. Attend a
program that is specifically tailored to your
new duties. You'll gain a solid foundation
and know how to get future questions
answered.
WHO SHOULD ATTEND?
~ You SHOULD!
· Newly elected mayors and
counei/members;
· Those appointed to fill vacancies
during the past year;
· Officials elected in 1995 who
were not able to attend this
conference last year.
We are pleased to announce that Carl
Neu is back as a featured presenter for
all sites. His extensive background as
bath an elected official and a dynamic
speaker makes him a much sought-ofter
trainer around the country.
Special features
~ Experienced presenters with extensive
"hands-on" knowledge of cities.
~ Special participant notebook with ses-
sion handouts and reference materials.
~ 1 0 hours of credit toward the leader-
ship Institute Certificate of Recognition.
~ Opportunity to meet other elected
officials from your part of the state.
Program Schedule
FRIDAY
Noon
1:00 pm.
1:05
1:30
3:45
5:45
7:00
8:30
SATURDAY
7:30 a.m.
8:00
8:05
9:30
10:45
Noon
1:00 p.m.
2: 15
4:00
Registration
Welcome
INTRODUCTION TO THE lEAGUE OF MINNESOTA CmES AND WHAT IT OFFERS
THE lEADERSHIP INSTITUTE FOR ELECTED OFFICIALS
WHAT THE JOB INVOLVES: THE BIG PICTURE
· Your leadership role: Making 0 difference in your city
· Achieving good governance and good public policy
· Clarifying roles and responsibilities within the council
· Goal-driven leadership
Carl Neu, Former Couneilmember and
Council President, lakewood, Colorado;
Prineipal, Neu and Company
LEGAL REAlITIES-WHAT COUNCILS CAN AND CANNOT DO
Desyl Peterson, City Attorney, Minnetonka
Dinner
FACIlITATED PANEL: WHAT YOU CAN EXPECT AS AN ELECTED OFFICIAL
Featuring veteran elected offiCials; A different panel in each
conference location
SociAl HOUR/NETWORKING
Opportunity to meet newly elected colleagues from your port
of the state
Coffee and rolls
HOST CITY WelCOME
WHAT THE JOB INVOLVES: GoVERNMENT AS A IlTEAM"
. · Council effectiveness
· Working with stoff
Carl Neu
WORKING WITH STAFF: CONCURRENT WORKSHOPS (BY STRUCTURE/POPULATION)
· OveNiew-structure/roles ond authorities of council and stoff in
your particular form of city government
league staH
· Suggestions for success, pitfalls to ovoid
Elected and staH teams
LEGAL REAlITlES-OPEN MErnNG LAW, DATA PRIVACY
· Featuring special open meetings video
Timothy Kuntz, Attorney, leVander, Gillen, Miller,
Anderson & Kuntz; City Attorney For Inver Grove Heights,
Sunfish lake; Assistant City Attorne'l For South St. Paul
lunch
LEGAL REAlITIES-FROM CONFUCT OF INTEREST TO PERSONAL UABIUTY
Timothy Kuntz
WHAT THE JOB INVOLVES: How TO BE RESPONSIVE (AND RESPONSIBLE)
TO CONSTITUENTS
· The climate in today's communities: Change is coming
· Implications for us os elected officials
NEXT STEPS
Carl Neu and league staH
Adjourn
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IMPORTANT NOTE: REGISTRATION/HoUSING FORMS ARE ALSO AVAIlABLE THROUGH THE lEAGUE'S FAX LIBRARY AT
16121 215-4039. THE FAX NUMBERS TO USE ARE: Sr. PAUL, 6101 Q-WIUfMR, 6102o--GRAND
RAPIDS, 6103Q-BlOOMINGTON, 61040.
League. of Minnesota Cities
e Conference for Newly Elected Officials
Register early.
Conference is limited to 150 registrants per location.
Name
Title
Address
City
State _ Zip
Contact person
Daytime telephone #
a.c.
Spouse's name (if registering)
please check the appropriate box-the location and date for which you are registering
o January 31-February 1, Radisson Hotel, St. Paul
o February 7-8, Holiday Inn, Willmar
o February 21-22, Sawmill Inn, Grand Rapids
o February 28-March 1, Holiday Inn International Airport, Bloomington
Registration fee
Advance registration $145
On-Site registration (if space is available) $165
Spouse (if attending sessions/meals) $ 35
(Housing reservation information follows on the next two pages.)
Special needs
If you are disabled and require special services, or if you have special dietary needs, please attach a written description to
this registration form
Registration cancellation policy
All requests for cancellation must be in writing, postmarked one week prior to the scheduled meeting, and are subject to a
$30 cancellation fee.
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LMC
League of Minnesota Cities
Cities promoting =ceHence
1---------------------------------------,
! Housing Reservation Form I
: League of Minnesota Cities : .
I Conference for Newly Elected Officials I
I I
I RAnISSON HOTEL ST. PAUL I
I SAINT PAUL I
: Name Make check payable and mail to: :
I Reservations I
I Title Radisson Hotel St. Paul I
I 11 East Kellogg Boulevard I
I Address St. Paul, MN 55101 I
I City State _ Zip I
I Important instructions: I
I Daytime contact Telephone # The hotel registration cut-off date is January I
I 15, 1997. After January 15, reservations I
I Arrival date Departure date will be accepted if space remains available. I
I $68 single or double You will receive an acknowledgment of your I
I hotel reservation from the hotel. All I
I h changes in reservations or cancellations I
I wis to guarantee payment for late arrival
I must be made directly with the hotel, I
I Smokl'ng N k' H d' ibl telephone (612) 292-1900. I
on-smo lng an lcap access e
I A deposit equal to one night's lodging per I
I room must accompany this housing form. I
L_______________________________________~
1---------------------------------------,
I Housing Reservation Form I
I League of !vlinnesota Cities I
I Conference for Newly Elected Officials :
I I
I HOUDAY INN & WILD/tAR CONFERENCE CENTER I
I WILL'lAR I
I
I
I
I
A deposit equal to one night's lodging per
room must accompany this housing form.
Credit card company
Card number
Expiration
L_______________________________________~
Name
Title
Address
City
State _ Zip
Daytime contact
Telephone #
Arrival date
Departure date
$46 single
$56 double
I wish to guarantee payment for late arrival
Smoking
N on -smoking
Handicap accessible
Make check payable and mail to:
Reservations
Holidav Inn
2100 East Highway 12
WJlmar, MN 56201
Important instructions:
The hotel registration cut-off date is January
24, 1997. After January 24, reservations
will be accepted if space remains available.
You will receive an acknowledgment of your
hotel reservation from the hotel. All
changes in reservations or cancellations
must be made directly with the hotel,
telephone (320) 235-6060.
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,---------------------------------------,
Housing Reservation Form
League of Minnesota Cities
Conference for Newly Elected Officials
A deposit equal to one night's lodging per
room must accompany this housing form.
Credit card company
Card number
L_________________________!xpirntion__________~
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SAWMILL INN
GRAND RAPIDS
Name
Title
Address
City
State _ Zip
Daytime contact
Telephone #
Arrival date
Departure date
$58 single
$58 double
I wish to guarantee payment for late arrival
Smoking
Handicap accessible
Non-smoking
Make check payable and mail to:
Reservations
Sawmill Inn
2301 South Pokegama Avenue
Grand Rapids, MN 55744
Important instructions:
The hotel reservation cut-aU date is February
7, 1997. After February 7, reservations ~
be accepted if space remains available.
You will receive an acknowledgment of your
hotel reservation from the hotel. All
changes in reservations or cancellations
must be made directly with the hotel,
telephone (218) 326-8501.
,---------------------------------------,
Housing Reservation Form I
League of Minnesota Cities :
Conference for Newly Elected Officials I
I
I
I
HOUDAY INN INTERNATIONAL AIRPORT
BLOOMINGTON
Name
Title
Address
City
State _ Zip
Daytime contact
Telephone #
Arrival date
Departure date
$64 single
$64 double
I wish to guarantee payment for late arrival
e
Smoking
Non-smoking
Handicap accessible
Make check payable and mail to:
Reservations
Holiday Inn International Airport
1-494 & 34th Avenue South
Bloomington, MN 55425-1671
Important instructions:
The hotel registration cut-off date is February
7, 1997. After February 7, reservations will
be accepted if space remains available.
You will receive an acknowledgment of your
hotel reservation from the hotel. All
changes in reservations or cancellations
must be made directly with the hotel,
telephone (612) 854-9000.
A deposit equal to one night's lodging per
room must accompany this housing form.
Credit card company
Card number
Expiration
L_______________________________________~
\:::)l/1\:;I/':;I"(
l.j: 00 C LTY OF OHf<. r'Hr:K He 1 bH I ~ .. b 1 <::4S::I11456
AGENDA
CITY OF OAK FARK HEIGHTS
TUESDAY, January 14. 1997 -- 7:00 P.M.
~"jU. "('41
[;102
1.
Call To Orq~
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II. Vi~itor Comme~ts. Oupstions. or Conc@rns
III. Department Reports
1. Police
2. Parks
3. Administration
4. Cable
s. Water Management Organizations
6. Recycling Award
Enclosure 1
7. OPH Business Group
IV. Consent Agenda (Roll Call Vote)
Enclosures 2, 2B, 2C, 2D, & 2E
V. Eublic H@arin~
1. Ordinance Amending Section 401.01 of Chapter 401
to Add Section 401.01L, Parliamentary Procedure a~d
Voting
Enclosure 3
VI. Unfinished Business
1. Sewer Backup on 57th Street
Enclosure 4, 4B, & 4C
2. Bridge Lobbying Proposal
Enclosure 5
VIr.
New Busine~s
1. Council Meeting Dates
Snclosure 6
2. 1997 Council Appointments
Enclosure 7, 7B, 7C, & 70
3. Aoorove Board of Review H~aring Dates
Enclosure 8
4. Resolution 97-01-02 - A Resolution Designating
Charces for City Items
Encl~sure 9 -
5. Tree Maintenance Proposal
Enclosure 10 & lOB
VIII.
Corres9Qndenc~
1. Request to Join Min~esota Association of Small
Cities
EnoJ..ocurc 11.
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Closed Session: The City Council will adjourn to closed session
under attorney-client privilege to discuss pending litigation.
~-d j OUrnmen t :
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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 occasionalIy 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.metrocounci1.org Comments on Council issues can be made by electronic mail at
data.center@metc.state.mn.us or by calIing the Public Comment Line at 291-6536.
DATE: January 10,1997
WEEKS OF: January 13 - January 17
METROPOLITAN COUNCTI..
Minnesota Regional Development Organization - Monday, Jan. 13, 10 a.m., Centennial Office Bldg.,
Room 302, 658 Cedar St., St Paul.
Transportation Committee - Monday, Jan. 13,4 p.rn., Chambers. The committee will consider: Metro
Mobility contract extension with Maple Grove; land purchase at 38th St. E. and Chicago Av. So.; MSP
Noise Mitigation Committee recommendations; Metro Mobility demand transportation competitive
procurement; and other business.
Environment Committee - Tuesday, Jan. 14,4 p.rn., Chambers. The committee will consider:
procurement of process chemicals; implementation of Water Policy Management Plan: ownership of Blue
Lake solids processing facilities; and other business.
Transportation Advisory Board ISTEA Programming Committee- Wednesday, Jan. 15, Noon,
Chambers. The committee will consider: amendment to the 1997-2000 TIP regarding Ramsey County
Trail; continuation of January 8 meeting discussion of regional solicitation criteria issues; and other
business.
Legislative Briefing - Wednesday, Jan. 15,4 p.m., State Office Building, Room 200, 100 Constitution
Ave., St. Paul.
Transportation Advisory Board - Wednesday, Jan. 15,2 p.rn., Chambers. The board will consider:
.amendment to the 1997-2000 TIP regarding Ramsey County regional trail project; Mn/DOT Metro Division
Transportation System Plan presentation; Minneapolis Transit Plan and Funding Strategy Report;
recognition of former TAC chair, F. Tanzer; summary of comments and modifications to the adopted
Transportation Policy Plan and Regional Blueprint; and other business.
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Joint Meeting of the Community Development Committee and Environment Committee- Thursday,
Jan. 16, 3:30 p.m., Room lA. The committees will consider the Brooklyn Park Elm Creek interceptor cost-
sharing agreement.
Committee of the Whole - Thursday, Jan. 16, 4 p.rn., Room lA. The committee will consider regional
growth strategy implementation.
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.
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TENTATIVE MEETINGS THE WEEK OF JANUARY 20 TIIROUGH JANUARY 24, 1997
Martin Luther King Holiday - Monday, Jan. 20. Council Offices are closed.
Industrial Rate System Task Force - Tuesday, Jan. 21, 7:30 a.rn., Room 1A.
Land Use Advisory Committee - Tuesday, Jan. 21, 8:30 a.rn., Room 1A.
Community Development Committee- Tuesday, Jan. 21, Noon, Room 1A.
Special Meeting of Finance Committee - Tuesday, Jan. 21, 4 p.m., Room 2A.
Metropolitan Parks and Open Space Commission - Tuesday, Jan. 21, 4 p.rn., Chambers.
Housing and Redevelopment Authority Advisory Committee - Wednesday, Jan. 22, 8:30 a.m., Room
1A.
Public Meeting to Interview Candidates for Metropolitan Parks and Open Space Commission -
Wednesday, Jan. 22, 7 p.rn., Golden Valley City Council Chambers, 7800 Golden Valley Rd., Golden
Valley.
Legislative Coordinating Group - Thursday, Jan. 23, 3 p.rn., Room 1A.
Metropolitan Council - Thursday, Jan. 23, 4 p.rn., Chambers.
METROPOLITAN SPORTS FACILITIES COMMISSION
Committee of the Whole - Tuesday, Jan. 14,3 p.rn., Halsey Hall Room, HHH Metrodome, 900 S. 5th St.,
Minneapolis. The committee will consider: the Metrodome; San Francisco Giants Ballpark PIan; an
alternative pIan for Twins ballpark; and other business.
Commission Meeting - Wednesday, Jan. 15,9:30 a.rn., Halsey Hall Room, 900 S. 5th St., Minneapolis.
The commission will consider: Affirmative Action Report; 1997 salary adjustments; status report; and other
business.
Committee of the Whole - Wednesday, Jan. 15, 1:30 p.rn., Halsey Hall Room, HHH Metrodome, 900 S.
5th St., Minneapolis. The committee will consider the multipurpose stadium 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.
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(5tit~ate~
";:""",,,,, .,,",sa~
January 14, 1997
Mr. Robert McGarry
McGarry-Kearney Insurance Agency
243 South Main Street
Stillwater, MN 55082
RE: Claim against the City - Lynn R. Sandell
Dear Mr. McGarry:
Please process the enclosed claim against the City:
Lynn R. Sandell
320 S. Adams St.
St. Croix Falls WI 54024
Damage to vehicle from potholes
December 11 or 12, 1996
Sincerely,
/)1. ~ LuJU~
Mo Ii Weldon
City Clerk
Enclosure
c: Klayton Eckles, City Engineer
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
-.-
: Itt --~- 7\
l6 ~"-_ '. \J L- -- ,
: - -- I
CLAIM AGAINST CITY OF STILLWATER ' JlIN 1 4 1991j J
NAME OF CLA IMANT t....\ N .-.J \C.. ~"" ~EU.-' , vyJ-'0-l6f. Cr u.. ' .-
AOORESS 2,7 (J ';) ~(~n vv>>' 2>\ . ~.C 1o..'\. 6 \\sJHONE NO. I (lIS'> 4g3 /,7'70 ·
~ ~
WHEN 010 EVENT OCCUR1UQ.-C:.PA"^ Io.e-v'l- \\ crfL \ 2-
WHERE DID EVENT OCCUR? 0o( .a.4&-c.~ ~ 0 >>(~ e t~cO-s+-
~
WHAT HAPPENED? ~ VJ ~ S ~') ~. I. D<sil il. , o-.V'\~ ~0- V~
~:~ :"'\J. ~\- V'<1\~ · ~'^o" vn,~ \~.~.
_ _ ,,00u'o\\n(S _ \- -\to'L, \\- ,'" ~ ro.Ve.
, OJ" J\' -'r- n.....A -' I' ~);d VV\.h<l-Irc-..\-
WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? -r.~ J ~+- e.,
~ ~ L \ -*"'- '\ S6 4-1r\". c :~<., \;::,-,-,--,--L~ b€.c.~ J.~
~ Ir.-c.~ ::..'c. ~*"'-.nJ( ~,O--~\..~ - (AV'I'.i. ~ ~
. .~ , I{ ,q:::r;,f k --\~,Q v~ :&...~ 4- \\0 ~ Q \ lee fu.. w{'ff- \ \ 'i-W .
S T ATE THE NA TUR E OF THE DAMAGE AND THE COSTS AS S ocr ATE 0 ?-o',^, -I,.- 0... '( \ of' ..:
Ne.W ~ ~,=,,-~..A- \
~ -cnC) ,.1.'Q2 - '-fen \J \ w:> \ o.\'CO'\U -
NAME OF PERSON MAl< ING REPAIR; OR GI VI NG CARE _J:. :\<"-<> \i..; \\- -\() 'A,~ \~ ~. \ '1 ~
lol..'-.\.o '", . ;' \ h.'- \ S. _ \ . .,,' .. rV\,-\ ~vz.,
Q..V\ C \ ~ (-'-W aQ. iOC s~ hL>\ \;l i V'\ '-I.-\;1. ~ ":;. I. 'Y\ Q <!.
. ~~TE \0 Ict'l - :L8'Sfi~!~E
You have to formally notify the City in .riting within thirty (30) days of the
occurrence of an event whereby yoU feel you have suffered damages.
~-'<;"y...,.
,v- \\
',"0 :s.""...--. <Dj).j-. hD'\..0 ~9-LL y----o..\X.. I\cA ~ ~ teed
,\,.2), \ ~ \ .~.
O;~ --s:.- 'i\,o......ft- I( ..e...F" kd --\-~. ~G!fJ
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January 7, 1997
SPECIAL STILLWATER TOWN BOARD MEETING
Town Hall
7:30 P.M.
PRESENT: Chairperson David Johnson; Supervisors Sheila-Marie
Untiedt, Jerry Hicks and David Francis.
ORGANIZATIONAL MEETING
1. DIRECTOR POSITIONS - M/S/P Francis/Untiedt moved to adopt a statement
of direction for 1997 that we seek to accomplish and consider a policy of
moving the directorship positions from board to non-board positions. (4 ayes)
Please refer to the 1/9/97 Minutes for a reconsideration of this motion.
2 .
LIAISON RESPONSIBILITIES -
Planning Commission -
Park Committee -
WMOS - Watershed -
Annexation -
David Francis
Jerry Hicks
Louise Bergeron/David Francis
David Johnson/David Francis
Alternate Louise Bergeron
Louise Bergeron
Lower St. Croix -
Washington County League,
BOWSER, Miscellaneous State
and County Meetings, Etc. -
Sheila-Marie Untiedt
Policy: Balance of Board Members will serve as alternates to meetings
when necessary.
3. SUPERVISOR PAY POLICY -
Supervisors will receive:
1. Meeting rate for attending a scheduled meeting.
2. Double meeting rate for meetings extending
beyond mid-night.
3. Meeting rate if quorum is not present within
15 minutes of the scheduled start for a meeting.
Jerry Hicks strongly emphasized that Supervisors
should arrive at meetings on time.
4. PLANNING COMMISSION/PARK COMMITTEE PAY POLICY - M/S/P Hicks/Untiedt
Park and Planning Commission Members will submit claims quarterly. If no
payment is requested, it will be considered a donation to the township.
The Clerk will prepare quarterly dated claim forms to be used. (4 ayes)
5. JOINT MEETING - The Supervisors are
with the Planninga~d Park Committees.
February 10 or February 11. .
~6. 1998 LEVY PROPOSAL - M/S/P Hicks/Francis
Estate Tax Levy:
planning a meeting in February
The Clerk will arrange a place for
moved a proposed 1998 Real
Special Stillwater Town Board Meeting - 1/7/97
Page Two
General
Road and Bridge
Road Bonds
Total
$265,000
$235,000
$ 30.000
$530,000
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(4 ayes)
7. ADJOURNMENT - Meeting adjourned at 10:15 p.rn;
Clerk
Chairperson
Approved
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January 9, 1997
STILLWATER TOWN BOARD MEETING
Town Hall
7:30 P.M.
PRESENT: Chairperson David Johnson; Supervisors Louise Bergeron,
Jerry Hicks, Sheila-Marie Untiedt and David Francis. Also,
Attorney Tom Scott, Engineer Paul Pearson and Planner Meg
McMonigal.
1. AGENDA - M/S/P Hicks/Bergeron moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Hicks/Bergeron moved to approve the 12/12/96 Stillwater
Town Board Meeting Minutes as written. (4 ayes)
3. TREASURER - Claims #1389 through #1415 were approved for payment.
David Francis arrived.
4. ATTORNEY-
1. Aqreement with Larson Haulinq to pick up
junk left roadside was signed.
2. Hunter's Ridqe Railroad Crossinq Hearinq -
The Attorney will contact May Township about
an agreement previously requested by Stillwater
Township about the railroad crossing. Nothing
further regarding the petition will be considered
until that matter is dealt with.
3. A letter will be sent by the Attorney to extend
Scott Robert's time frame from 60 to 120 days
for his preliminary plat to be completed.
5 .
PLANNER -
1. Presented a simplified yet detailed checklist
for planning requests.
2. County Meeting on January 16, 1997 regarding
their Zoning Ordinance will be attended by
the Supervisors.
3. Washington County planning service changes
were discussed. Questions regarding Township
Zoning and Land Use Ordinances will be directed
to the Township Planner and not the Township
Clerk.
4. Discussion of escrow fees - next agenda.
5. M/S/P Bergeron/Francis moved to authorize
the Planner to attend the Technical Advisory
Committee Meetings on behalf of the Township.
(5 ayes)
6. Residential Kennel Permit C.U.P. - next agenda.
It was suggested that the C.U.P. requirement
be dropped for Residential Kennel Permits.
7. Escrow charges over the basic $200.00 are
being removed from the McMillan account.
Stillwater Town Board Meeting - 1/9/97
Page Two
6. ENGINEER-
1. DOT proposed lighting plans for Highways
36 and 5 were reviewed.
2. DOT proposed plans for Boomsite changes
were reviewed.
3. Representatives from the Town Board to be
present at the County's Capital Improvement
Meeting on January 21, 1997.
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7. PUBLIC WORKS -
1. Eric Larson has verbally agreed to change
from the #2 roadwork position to #3.
Written confirmation to be forthcoming.
2. M/S/P Untiedt/Bergeron moved to hire
Tony Cuiffo, contingent upon all
requirements being received and in order,
as the #2 roadwork person at $13.50 an hour.
A formal review will be held after six months.
(Pay mayor may not be increased at that time.)
(5 ayes)
8. COMMITTEES - M/S/P Bergeron/Francis moved to reappoint Meg Jungbluth
(Planning Commission) and Rod Hunter (Park Committee) each for another 3
year term. (5 ayes)
9. MINUTES - M/S/P Francis/Untiedt moved to approve the 1/7/97 Stillwater
Township Organizational Meeting Minutes. (4 ayes Bergeron abstain)
M/S/P Hicks/Untiedt
the 1/7/97 Minutes.
moved to reconsider the director position motion in
(5 ayes)
M/S/P Francis/Untiedt moved to adopt a statement of direction for 1997
that the Town Board seeks to consider and attempts to implement a policy
of moving the directorship positions from board to non-board members.
(3 ayes Hicks/Bergeron abstain)
10. ADJOURNMENT - Meeting adjourned at 10:00 p.m.
Clerk
Chairperson
Approved
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Lower St. Croix Planning Coordination Office
117 Main Street
Stillwater, MN 55082
612-439-7122
TO:
Local Governments and Other Interested Parties
FROM:
Buck Malick, Chair, Lower St. Croix Planning Task Force
Kate Hanson, Planning Coordinator
DATE:
Thursday, January 16, 1997
This is a reminder of the upcoming task force workshop to develop draft
management alternatives for the Lower St. Croix National Scenic Riverway
Cooperative Management Plan. The workshop will be:
WHEN:
Tuesday, January 28, 1997: 1-4:30 p.m. & 7-9 p.m.
Wednesday, January 29, 1997: 1-5 p.m. & 7-9 p.m.
Thursday, January 30, 1997: 1-5:30 p.m.
WHERE:
Phipps Center for the Arts, River Room
109 Locust Street; Hudson, Wisconsin
In addition, we have scheduled an Open House for the Task Force to present
the results of it's work on the draft alternatives to others who are interested but
unable to attend the workshop. The Open House will be on Thursday evening,
January 30, 1997: 7-9 p.m., at the Phipps Center, River Room.
The agenda for the workshop is enclosed.
A workbook outlining material that will be discussed at the workshop has
been distributed to the Lower St. Croix Planning Task Force and others who have
indicated they plan to attend the workshop. If you'd like a copy of this material,
please notify Kate Hanson, 612-439-7122.
The workbook describes "working" alternatives that have been developed by
a small group of task force members in preparation for the workshop. We
emphasize that these are rough, working alternatives intended to serve as a
starting point for the Task Force's discussions on January 28-30. They represent
the first attempt to assemble information from past workshops and meetings into
alternatives; we'll be improving on this "first cut" at the workshop to produce the
draft alternatives. The descriptions of alternatives in the workbook will be out of
date after January 28.
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We expect a good turnout of Task Force members and other interested
individuals at the workshop, with representation of a wide variety of viewpoints on
how the Lower St. Croix National Scenic Riverway should be managed in the
future.
(please see reverse)
After the January workshop, the Task Force will distribute a newsletter
summarizing the workshop and outlining the draft management alternatives.
Through the newsletter, we will be asking for comments, and we will revise the
draft alternatives accordingly. Also after the workshop, the planning coordinator,
Task Force chairman, and others who have been involved in development of the
draft alternatives will be available to make presentations.
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If you're interested in attending the workshop; have suggestions on how we
can communicate with local governments, riverway communities and others at this
important stage of Lower St. Croix National Scenic Riverway planning; or have
questions, please contact Kate Hanson (612-439-7122) or Clarence Malick (71 5-
386-7010).
Note: Notes from the January 9 Task Force meeting will be distributed at the
Alternatives Workshop. The topic of that meeting was workshop preparation. If
you would like to receive a copy by mail, please notify Jessie Meschievitz at the
Minnesota-Wisconsin Boundary Area Commission, 612-436-7131 or
715-386-9444.
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Lower St. Croix National Scenic Riverway
Cooperative Management Plan
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Agenda: Draft Alternatives Workshop
January 28-30, 1997
River Room, Phipps Center for the Arts
109 Locust Street, Hudson, Wisconsin
If yOU cannot attend a portion of the workshop. but want to 11U1ke- sure the woup considers your ideas.
please send your comments to Kate Hanson. Lower St. Croix Plannin1! Coordination Offke. 117 Main
Street. Stillwater. MN 55082. by Monday morning. January 27. Alternativelv. you may give your
comments to a task force member that will be attending. We will Droceed on the information sent to us
and the 1JtlTticipants at the meeD!!g.
Workshop purpose
-To develop a draft set of alternatives for the cooperative management plan. A preferred alternative
will not be selected at this workshop. There will be open houses, briefmgs, and newsletters to
gather public comment on the draft alternatives developed at this workshop. Based upon the
comments the alternatives may be modified or a new one created. A preferred alternative will then
be selected.
Workshop Organization
Participants in this workshop will use the preliminary ideas and alternative concepts developed by
the small group in December as a starting point. Some of these concepts may be modified or
dropped. Additional concepts may be created based upon the work of members of the task force.
Each day will build upon the work done the previous day. The group will maintain a record of the
work completed and the rationale for decisions.
TUESDAY 1 :00 to 4:30
We1come
-purpose and structure of the workshop
Planning Process Overview
-where have we been, where are we now, and where are we going
-how do products we have produced to date influence this workshop
-how will the alternatives we develop at this workshop be used
Review and Get Agreement on Small Group Work on:
-planning assumptions
-topics common to all alternatives
e -proposed changes to management zones
-alternatives considered but dropped from funher consideration
-preliminary alternative concepts
TUESDAY 7:00 to 9:00
Brief Overview of Tuesday Afternoon
Brief Overview of Preliminary Alternative Concepts
Break into Small Groups to Address the following questions:
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-Do the preliminary alternative concepts, along with the common management directions, provide a
framework (at least guidance if not specific solutions) for addressing current and future problems
(issues)?
-Are the values expressed in the desired future condition statements represented in at least one of the
preliminary alternative concepts? Is there a need for an additional alternative to address other values
that are not covered in one of the four draft alternative concepts?
Small Groups Report to Large Group
-the product of this work will be the draft alternative concepts the task force will be working with
on Wednesday and Thursday
WEDNESDAY 1:00 to 5:00
Recap of Tuesday's Work
Explanation of Small Group Task
-groups divided by alternative concepts
-level of detail--topics to cover--format--available tools
Break into Small Groups to Refme Draft Concepts and Test and Modify Preliminary Management Area
Maps
WEDNESDAY 7:00 to 9:00
Continue work from Wednesday afternoon
Prepare Presentations on Alternatives (for Thursday)
THURSDAY 1:00 to 5:30
Small Groups Present Wednesday's Work to Large Group
Discussion: Next Steps in Developing the Cooperative Management Plan
-how does uncompleted work get accomplished, by whom and when
-what is the best way to reach out to the public (open houses, newsletters, etc)
-arriving at a "preferred" alternative
-set schedule for future task force activities, meetings
THURSDAY 7:00 to 9:00
Open House: Task Force present results of workshop to interested persons who were unable to attend.
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.,
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Escape Winter..........
~
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68099 NW '.JalRMID1S
laa.llS l{lfr l{1.loN 9[6
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Name
Address
City
Phone Day Evening
Sponsorship Level/Number' of Tickets
zsm;g NW 'J<l.j.DMII!.j.S
9!g xos
<ljJ<lwwo::> to J<lqwD4::> J<l.j.DMII!.j.S to N."
UOOW an/8 al.{.J. JapUn 6u./Jal.{.J.Df) V
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PREPAID RESER VA TIONS ONLY Check in at Outing Lodge Front Desk
e
Make checks payable COSCC
.Card #
Mail your reservation to:
COSCC
Box 516
Stillwater, MN 55082
Expiration Date
Signature
. Credit card charge will show Mulberry Point Antiques.
FOR MORE INFORMA TION C'ALL THE CITY OF STILL WA TER CHAMBER OF COMMERCE @ 439-4001
A Gathering
Under the
Blue Moon....
tit
Chase away the winter doldrums...............Enjoy an evening of frivolity and fun
at the Outing Lodge at Pine Point with the City of Stillwater Chamber of
Commerce. A festive, toe tapping Gathering Under the Blue Moon.
Indulge in a grand buffet provided by local purveyors of fine food. Dance to
the music of The Scott King Jazz Trio. Tip a Blue Moon C()cktai/ and
discover if your blue jewel is one of two dozen precious blue stones. Bid on
a myriad of uncommon gifts and services at the Blue Moon Silent and
Live Auctions.
For an evening of merriment and charm you won't want to miss, join your
friends at the City of Stillwater Chamber of Commerce for a Gathering
Under the Blue Moon.
~/
/~
I
'" / \
Y /~
/ "',
A Gathering Under the Blue Moon
Thursday, February 20, 1997
6:30 p.m. - 11:00 p.m.
Outing Lodge at Pine Point
~><
)Z
"Strictly a casual affair.... All you need to do
is come dressed in black or blue '~
.. All proceeds to benefit our historic community's beautification efforts thru the
City of Stillwater Chamber of Commerce Beautification Committee."
A Gathering Under the Blue Moon~...' x
~! xx
Sponsorship Levels and Ticket Prices . '. ..'
(Order form on reverse side. Check and credit card.)
Blue Moon Sponsorship
$1000
Includes reserved table
8, two bottles wine,
8 Blue Moon Pins set
with Topaz.
Half Moon Sponsorship
$500
Includes reserved table
seating for 4, one bottle
of wine, 4 Blue Moon
Pins.
Quarter Moon Sponsorship
$250
Includes reserved table
seating, two glasses wine,
two Blue Moon Pins.
Tickets
$50 for two
$35 for one
Enjoy all the
festivities.
e
LMC
A ~ofJob-- cw""
.,~~~
FRIDAVFAX
A weekly legislative update from the League of Minnesota Cities
Snow amounts bring a
blizzard of relief proposals
Although the federal govern-
ment has now declared 40 coun-
ties a federal disaster area, the
Governor and several state
legislators are considering addi-
tional state appropriations to help
cities and counties dig out.
In his State of the State
Address, Governor Arne Carlson
suggested a $20 million appro-
priation for snow removal and
flood emergency response.
Senator Dean Johnson (R-
Willmar) and Representative
Steve Wenzel (DFL-Brainerd)
have already introduced legisla~
tion that would do just that.
The Wenzel bill, HF 100, will
be heard Tuesday in the House
Local Government committee.
Wenzel's bill would appropriate
$25 million for snow removal and
distribute the money to local
governments that have exceeded
their budgets for snow removal.
Distribution would be based on
miles of roads, population, and of
course, the amount of snow.
Cities would have to request
funding and would have to provide
relevant information.
The Johnson bill (SF 87)
would appropriate the money first
to the Department of Transporta-
tion and then to counties with
instructions to apportion the funds
as necessary to cities and towns.
While Minnesota has already
qualified for federal funding,
information from the Division of
Emergency Management snow
removal surveys will still be
needed. The information could
help determine distribution of
federal funds and could also be
used with the state appropriations.
Please return your survey to the
league as soon as possible.
TIF seminar set
Vol. 2, No, 2
January 17, 1997
MTA legislation
in the offing?
LMC model ordinance
available soon
Despite proposed legislation
by Representative Loren Jennings
that would offer a positive starting
point on a rights of way debate,
the Minnesota Telephone Asso-
cic:ltfon (MT A) will reportedly
introduce legislation identical to
the laws currently in effect in
Colorado. The Colorado law
greatly restricts the ability of local
governments adequately manage
their local rights of way.
The League is working on
draft legislation that would clarify
the city position on management
of the right of way and compensa~
tion for the use, It's expected that
hearings will be scheduled on this
issue very soon, Watch the Cities
Bulletin and FridayFax for more
information.
Model ordinance nears
completion
In addition, the League has
been working closely with the City
Engineers Association of Minne-
sota (CEAM) in developing a
model ordinance that could be
used in cities across the state.
The model ordinance will be
finalized in the next two weeks,
and will be unveiled at the CEAM
conference January 30. The
League will provide cities with a
copy of the ordinance, and an
explanation of what it all means
around that time.
On the recommendation of the League's Tax Increment Financing
(TIF) task force. an educational seminar on TIF is scheduled for January
29. New legislators and legislators who serve on committees dealing
with TIF have been invited. The seminar will provide lawmakers with a
basic understanding of how TIF works, highlight successful uses of TIF,
respond to questions, and dispel some of the myths.
If you think your legislators would be interested in this seminar.
please encourage them to attend. Contact Andrea Atherton at (612)
_281-1258 for more information.
., "The Basics of TIF: An Educational Seminar for Legislators" is
sponsored by the League of Minnesota Cities, Coalition of Greater
Minnesota Cities, Minnesota Association of Small Cities, and Associa-
tion of Metropolitan Municipalities.
For nwre information on city legislative issues, cOntact any member of the League of Minnesota Cities Jlttergovernmental RelatiollS team.
,
)..
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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 17, 1997
WEEK OF: January 20 - January 24
METROPOLITAN COUNCIL
Martin Luther King Holiday - Monday, Jan. 20. Council Offices are closed.
Industrial Rate System Task Force - Tuesday, Jan. 21, 7:30 a.m, Room 1A. The task force will consider:
MCES 1994-95 Biennial Report; Brown and Caldwell Report; criteria to identify types of industries for
Phase II, Task 3, Analysis of six industrial rate systems; and other business.
Community Development Committee- Tuesday, Jan. 21, Noon, Room 1A. The committee will consider:
proposed formula for distributing local planning grants; Metropolitan Radio Board Biennial Report to the
Legislature; Brooklyn Park Elm Creek Interceptor Cost-Sharing Agreement; Paying for Development
Report to Legislature; video, "Backfrom the Brink"; and other business.
Special Meeting of Finance Committee - Tuesday, Jan. 21, 4 p.m, Room 2A. The committee will
consider: authorization to amend two contracts for snow plowing and removal; authorization to amend the
Bennett-Brown legal services contract; review of Information Systems Services; and other business.
Public Meeting to Interview Candidates for Metropolitan Parks and Open Space Commission -
Wednesday, Jan. 22, 7 p.m., Golden Valley City Council Chambers, 7800 Golden Valley Rd., Golden
Valley.
Legislative Coordinating Group - Thursday, Jan. 23, 3 p.m, Room lA.
Metropolitan Council - ThUrsday, Jan. 23, 4 p.m, Chambers. The council will consider: authorization for
payment of salary differential to Transit Control Center supervisors; authorization to amend the Bennett-
Brown legal services contract; report of the Core City Group; procurement of process chemicals; Metro
Mobility contract extension with Maple Grove; Brooklyn Park Elm Creek Interceptor cost-sharing
agreement; ratification of Transportation Advisory Board appointments; appointment of acting general
counsel; and other business.
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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 conirrmation of meetings, call 291-6447, (TDD 291-
0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings.
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TENTATIVE MEETINGS THE WEEK OF JANUARY 27 TIIROUGH JANUARY 31, 1997
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Transportation Committee - Monday, Jan. 27, 4 p.m., Chambers.
Land Use Advisory Committee - Tuesday, Jan. 28, 8:30 a.m., Room 1A.
Environment Committee - Tuesday, Jan. 28, 4 p.m., Chambers.
Public Hearing on Proposed Anoka County Transit Service Plan - Tuesday, Jan. 28, 7 p.m., Northtown
Mall, Community Room, University Ave. NE and Highway 10, Blaine.
Housing and Redevelopment Authority Advisory Committee- Wednesday, Jan. 29, 8:30 a.m.,
Chambers.
Public Meeting to Interview Candidates for Metropolitan Parks and Open Space Commission -
Wednesday, Jan. 29, 7 p.m., Chanhassen City Council Chambers, 690 Coulter Dr., Chanhassen.
Urban Revitalization Bus Tour for Invited Mayors and Legislators - Thursday, Jan. 30, 8:30 a.m. -
Noon, departing from State Capitol.
Committee of the Whole - Thursday, Jan. 30, 4 p.m., Room 1A.
METROPOLITAN SPORTS FACILITIES COMMISSION
Capital Improvements Committee- Wednesday, Jan. 22,10 a.m., Metrodome, Commission Conference
Room, 900 S. 5th St., Minneapolis.
Intergovernmental Relations Committee - Friday, Jan. 24, time to be announced, Metrodome,
Commission Conference Room, 900 S. 5th St., Minneapolis.
Concessions Marketing Committee - Friday, Jan. 24, 1:30 p.m., Metrodome, Commission Conference
Room, 900 S. 5th St., Minneapolis.
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.
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
Commission Meeting - Tuesday, Jan. 21,4 p.rn., Chambers. The commission will consider: election of
vice-chair; review offrrst draft 1998-99 Regional Recreation Open Space Capital Improvement Program;
regional recreation open space policy to address MNRRA and Critical Areas Act; review of third draft of
policy regarding cellular phone/emergency radio towers on regional recreation open space land; report on
1996 National Recreation and Parks Association Congress; 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.
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2
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--)"
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--
Stillwater Township
January 23, 1997
Substitute Chair: Untiedt
A2enda:
Minutes:
Treasurer:
Attorney:
Planner:
EnIDoeer:
Public Works:
Oerk:
Committees:
7:30 p.m.
Regular Meeting
Adopt
approve Minutes January 9, 1997.
1. Claims & Checks
1. Hunters Ridge Railroad Crossing Hearing
1. Escrow Increases
2. Residential Kennel Permit
1. Position Change Letter - Eric Larson
2. Update Crysteel
1. Miscellaneous
PeoDIe - 8:30 PM: 1. Steve Nelson
Old Business:
New Business:
Note:
David Johnson will not be present
1/19/97
Pat Bantli
r
.r.
United States Department of the Interior
-
OFFICE OF THE SECRETARY
\\'ashingtol1. D.C. 20240
J8N.; I A ; 1997
Mr. Edwin E. Cain
Government Relations
stillwater city Hall
216 N. Fourth
stillwater, MN 55082
Dear Mr. Cain:
Thank you for inviting Secretary Babbitt to meet with you.
As discussed with a member of my staff, the Secretary regrets
that he was unable to meet with you. As you can appreciate, the
pace of his schedule often excludes his participation in many
worthwhile events.
Again, thank you for your kind letter.
7;;/}$~
Laura Daniel-Davis
Director of Scheduling
Post-i~ Fax Note
To -'".
7671 Date I
From
-
Co.lDept.
Co.
Fax # 'f 3'1- '73 f
Phone # i-f
Fax #
Phone #