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Home My WebLink About1998-04-07 CC Packet . AGENDA CITY OF STILLWATER Council Chambers, 216 North Fourth Street CITY COUNCIL MEETING NO. 98-9 April 7, 1998 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4 30 P M AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1 Fmance DIrector 2 PolIce Chief 3 PublIc Works DIrector 4 Community Dev DIrector 5 Parks & Recrea1lon 6 CIty EngIneer 7 ConsultIng EngIneer 8 CIty Clerk 9 FIre ChIef 10 BuIldIng OffiCIal 11 City Attorney 12 CIty CoordInator OTHER BUSINESS 1 Update on Lumberjack Days and 4th of July Celebra1lon - Dave Eckberg, St CroIX Events, Inc 2 Request by Charter COmmISSIOn for CIty Charter Change a) Possible FIrst reading of ordInance amendIng the StIllwater CIty Charter whIch defInes, lImtts, . and penalIZes COnflICts of mterest for public officers and employees 3 Update on Sports Complex 7 00 P M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - March 17,1998, Regular MeetIng PETITIONS, INDIVIDUALS~ DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum 1S a poruon of the Councll meetmg to address Councll on subjects wh1ch are not a part of the meetmg agenda The Councll may take actlon or reply at the tlme of the statement or may glve d1rectlon to staff regardmg mvestlgatlon of the concerns expressed . CONSENT AGENDA * 1 Resolution 98-74 DIrectIng Payment of BIlls 2 Resolution 98-75 EstablIshIng LIbrary Trust Fund (MInerva Fund) 3 Contractors Licenses - Roof Tech, Inc , StIllwater, StIllwater SIgn Company, StIllwater, Kraus- Anderson ConstructIon, MInneapolIs; RIver Valley RestoratIon, StIllwater, ConstructIon 70 Inc , MInneapolIs 4 Hang Banner - Church of St MIchael pansh festIval - July 3-18, 1998 5 1998 CapItal budget Release, Part 2 - StIllwater PublIc Library 6 Resolution 98-76 ApproVIng abatement of assessments CIty CouncIl Meeting 98-9 Apnl 7, 1998 7. Resolution 98-77. Approving abatement of assessments 8 Resolution 98-78: Approving abatement of assessments 9 Resolution 98-79. Permanent employment of John ZIZZO as Patrol Officer 10 Repair of cIvil defense warnmg SIren at North 4th and Moore Streets 11 Resolution 98-80 Employment of Larry Bubert as part-tIme parkIng enforcement officer 12 Resolution 98-81 Employment of ReceptIomstlClerk-typIst 13 Resolution 98-82 Temporary employment of Robert Hamble - Parks Dept 14 Resolution 98-83 Temporary employment of Chns DIethert - Parks Dept. 15 Resolution 98-84 Temporary employment of Jenmfer Anderson - Parks Dept 16 InstallatIon of pnvacy fence at parks buildIng 17 Resolution 98-85 Contract WIth Veesenmeyer Const /Soft-Crete for InStallatIon of horseshoe courts at Northland Park 18 Resolution 98-86. Contract WIth BaIley Construction for beach and boardwalk Improvements at LIly Lake 19 Purchase of Lifeguard equipment for Lily Lake Beach 20 Resolution 98-87 Accepting work and ordenng final payment for Pme Street ReconstructIon Improvements, Project 9635, L.I. 295 21 Attendance at New Urbamsm Congress, Denver CO - Community Development DIrector 22 Resolution 98-88 AcceptIng bId for purchase of Ice resurfacer for StIllwater Area Commumty Center 23 Resolution.98-89:...Agteement"Wlth .MIdwest Spine InstItute related to .fmancIng of Ice liesurfacer PUBLIC HEARINGS 1 Case No V/98-11 ThIs IS the day and tIme for the publIc hearmg to conSIder an appeal from the Plannmg Conumssion for a request from Todd and KristIne Wilson for a vanance request for modIficatIon (reduction) of draInage/utIlIty easement to accommodate construction of a swmumng pool in the rear yard of a single family resIdence at 263 PInendge Lane In the RA SIngle FamIly Residential DIStrict. NotIce of the hearmg was placed m the StIllwater Gazette on March 27, 1998, and notices mailed to affected property owners UNFINISHED BUSINESS 1 Appointments to Human Rights CommissIOn (Resolution) 2 RatificatIon of Development contract WIth Pemtom Land Company and Contractor Property Developers Company for installatIon of trunk sewer and water facIlItIes (Resolution) 3 Report. AnnexatIon area easements 4 Update Sports Complex 5 Purchase of railroad land west of Mulberry Point (ResolutIon) 6 FIrst reading of ordinance amendIng Forest ProtectIon OrdInance 7 Update Rivard property . . . 2 .. . . CIty Council Meeting 98-9 Apnl 7 1998 NEW BUSINESS 1 Request to close portIon of North Everett St. and West Cherry St for annual Hope House fundralsmg auctIon on May 9, 1998 2. Transfer of on-sale and Sunday lIquor license - Lowell Inn (ResolutIon) 3 Recommendation from Downtown Parking COmmISSIOn for repair of South MaID and River pay parking lots (Resolution) 4 ReVIew and approval of Wetland Replacement Plan for Legends of StIllwater, Project 9741 (ResolutIon) COMMUNICATIONS COUNCIL REQUEST ITEMS STAPP REPORTS (continued) ADJOURNMENT * All Items hsted under the consent agenda are consl(lered to be routine by the City Councll and Wlll be enacted by one motlon There Wlll be no separate mscusslOn on these Items unless a Councll Member or CltlZen so requests, m wluch event, the Items WllI be removed from the consent agenda and consulered separately 3 , . . . MEMORANDUM Apn17,1998 TO: Mayor and CIty CouncIl FROM: Klayton H. Eckles CIty Engmeer SUBJECT: Lrft StatIon Alann Improvements DISCUSSION: The CIty has an alann system set up for all the lIft statlons In the CIty If there IS any type of problem WIth the sanItary sewer 11ft statIon an alann sounds at the FIre Hall The remodelIng of the FIre Hall has resulted In a need to modIfy the alann system The remodelIng has changed the locatlon where the full-tIme firefighters sleep The sleepIng facllItles are now In a remote locatIon from the alann system, therefore, FIre Department staff no longer hears the audIble alann durIng the late mght hours ThIs could result In a senous floodIng SItuatIon The remedy for thIs SItuatIon IS to Install a hIgh water alann In the sleepIng quarters ThIs WIll reqUIre some modIficatlon to the entIre alann system The cost of thIs addItIon and modIficatlon IS approxImately $2,500 ThIs Item was not speCIfically budgeted for 1998, but we do have $130,000 deSIgnated In the CapItal Outlay for 11ft statlon Improvements The cost of these alann Improvements could be charged agamst the lIft statlon capItal outlay RECOMMENDATION: Staff recommends that CouncIl approve the purchase and Installatlon of a hIgh water alann In the FIre Hall sleepIng quarters for a pnce not to exceed $2,500 00 ACTION REOUIRED: If CouncIl concurs WIth the staff recommendatlon CouncIl should pass a motlon adoptIng ResolutIon No 98-_, APPROVING LIFT STATION ALARM IMPROVMENTS FROM BRAUN PUMP AND CONTROLS for a cost not to exceed $2,500 RESOLUTION NO. 98- RESOLUTION APPROVING LIFT STATION ALARM IMPROVEMENTS FROM BRAUN PUMP AND CONTROLS BE IT RESOLVED, by the CIty CouncIl of StIllwater, MInnesota that lIft statIon alarm Improvements are necessary and autbonze purchase and InstallatIon of a hIgh water alarm In the FIre Hall sleepIng quarters from Braun Pump & Controls for a cost not to exceed $2,500 00 By Jay KImble, Mayor ATTEST ModI Weldon, CIty Clerk . . . . , Apr-07-9a 02:12P NEIL DORNBUSCH & ASSOC. 612-758-5679 P.01 BRAUN PUMP A CONTROLS StiR".C": POIIt",t fax NOle To A'. . 7671 10"18"" /., /, i:.;." ~rom - _\,1 co . Qy\.a.c... ..._ IPhOIlf'M IFAX Y Apnl? IQ98 !\. FdX . Q TIm Moore City of Stillwater 21 b N 4th Street Stlllwater MN S5()82-48Q8 Dear Tim, Followmg is the quotatIOn for modifYing your exi~tmg Control Panel. . Lot of US FIlter Consohdated ElCClnC equipment 10 upgrade Panel includmg E.Prom, software up-grade and updaled drawings AI"o included 1'\ a remote alarm and all Labor Your Pnce $2,50000 Tax .tnd freight are not included m pricing Ple~ glve me a call if you have any qUe&lons or would hkc: to proceed WIth ttU!\ modlficatlon Thank you ~mcercly. ( ~~ ~U>>..-/A~_ f Dave Braun DR/sr . 520 SlXn, Street NW · New Prague, MInnesota !J6071 612-7586600 · Fax 612-758-5679 . . . MEMORANDUM Apn17,1998 TO: Mayor and CIty CouncIl FROM: TIm Thomsen Parks DIrector SUBJECT: PIoneer Park ConstructIon DISCUSSION: In the past two weeks Sue FItzgerald and I have met WIth the person that has donated the $250,000 00 for park unprovements at PIoneer Park After three meetIngs the final plan was prepared We reVIewed the plans prepared by Stefan/Larson ASSOCIates In May of 1996 and looked at two plans for playground eqwpment The person that donated the money chose to go WIth the plan that was presented by St CrOIX RecreatIon Company located In StIllwater The playground WIll have a loggmg theme to go WIth the hIstory of the town and the land that Isaac Staples once owned It was also the decIsIon of tlus person to have Bmly ConstructIon of StIllwater Install two cobble stone loolong walkways mto the park that WIll connect to the CIrcle walkway that WIll also have a cobble stone look to It Bemg that thIs park IS poorly lIt, we are gomg to use the old lIghts from the Lowell Park levee and place them around the CIrcle walk and play area. The people Involved at vanous stages of the plan deSIgn were Sue FItzgerald, NIle Knesel, Amy Stefan, Johnny Johnsen, the person donatIng the money, and myself A model of the playground for CouncIl to look at WIll be avmlable In the near future WIth drawIngs of what the park WIll be lIke when thIs phase IS done ACTION REOUIRED: None at thIS tIme For CouncIl mfonnatIon only J \ . . t.Croix EVENTS,INC. Apnl2,1998 To Mayor Jay Kimble Councilman Gene Bealka CouncIlman RIch Cummings Councilman Enc Thole Councilman Terry Zoller Administrator Nile Knesel From Dave Eckberg l\~ St Croix Event(1nc. RE' Funding Request Fourth of July '98 Lumberjack Days '98 Fourth of Julv ProDosal We are proposing the following contribution from the City of Stillwater for the Fourth of July fIreworks display and gathering. The City contnbute the sum of $9,000 to help defray the cost of fIreworks. ThIS is an identIcal to the contnbution made by the City in 1996 and 1997 The fireworks dIsplay for July 4th will requIre a larger financIal Investment in '98. They will be musically choreographed like last years Lumberjack Days show In addition we would like the City to act as a condUit for Fireworks contributors. Specifically the Margaret RIvers Fund and Bayport Foundation. Exclusive use of Lowell Park and Pioneer Park on July 4th In addition we would like the City to allow us to vend beer under the same gUidelines that were developed for Lumberjack Days '97. P.O. Box 3 1 1 . StIli w ate riM N 55082 · Ph 0 n e 6 1 2/430 - 2 306 · Fax 6 1 2/430 - 0553 City of Stillwater memo April 2, 1998 page two Lumberiack Davs '98 A blueprint schedule IS enclosed for information purposes Lumberjack Days '98 will feature more music, a bigger and better parade, more Lumberjack shows and more children's activities. Lumberiack Davs '98 ProDosal We are proposing the following contributions from the City of Stillwater for Lumberjack Days '98 They are Identical to the City'S 1996 and 1997 contribution The sum of $6,000 for the Parade. We are expanding our parade budget by 35% in an effort to enhance the quality of the parade The sum of $6,000 for Lumberjack Days Fireworks. Exclusive use of Lowell Park and Pioneer Park dUring the celebration We would like the City to allow us to vend beer under the same gUidelines that were developed for Lumberjack Days '97 Services as provided in past years I Will work with City staff to coordinate services - , . . . , . LUMBERJACK DAYS '98 ANCHOR EVENT BLUEPRINT Schedule 8/0 3/31/98 Fridav. JULY 17 7.00 p.m "Sippin on the St. CroIx" Lumberjack Days '98 Kickoff Wine Tasting/Dinner Party Cruise TUESDAY. JULY 21 9'00 a.m 5 30 P m 7'00 p.m Treasure Hunt Opens Clue Set #1 released Sponsor and "VI P" Kickoff Freight House Restaurant By I nVltation only Drum Beauty Minnesota '98 Preview Madison Scouts Lowell Park-South . WEDNESDAY. JULY 2~ . 900am 7.30 p.m Treasure Hunt Opens Clue set # 2 released (If necessary) Drum Beauty Minnesota '97 Robert L. Miller Stadium Stillwater Junior High School In competition Americanos Troopers Pioneer Colts Magic of Orlando Madison Scouts Crossmen 10 30 P m Drum Beauty Minnesota '98 Post Show Party Applebee's Restaurant Highway 36 Stillwater Menasha, WI Casper, WV Milwaukee, WI Dubuque, IA Orlando, FL Madison, WS Newark, DE . THURSDAY. JULY 24 9.00 a.m 5.00 P m 7.30 p.m 7 30 P m . Treasure Hunt Opens Clue set # 3 released (if necessary) Sneak a Peek & Eat Carnival Opens-Family Discount Food Vendors & Exhibitors Open Downtown Stillwater Polka in the Park Artie Schaefer & HIs Band "Six Fat Dutchmen" Lowell Park South Drum Beauty Minnesota '97 Robert L. Miller Stadium Stillwater Junior High School In competrtion. Blue Stars Pioneer Les 'Etolles de DOrion Blue Coats Madison Scouts Crossmen Phantom Regiment La Crosse, WI Milwaukee, WI DOrion, QUE, Canada Canton OH Madison, WI Newark, DE Rockford/Loves Pk, I L . 10 30 P m Drum Beauty Minnesota '98 Post Show Party Applebee's Restaurant Highway 36 Stillwater fRIDAY. JULY 25 9'00 a m Treasure Hunt Opens Clue set # 4 released (If necessary) 1200 a m Sneak a Peek & Eat Carnival Opens-Family Discount Food Vendors & Exhibitors Open Downtown Stillwater 600 P m Lumberjack Show Lowell Park-North 6:00 p.m Lumberjack Days '98 Music Spectacular Night I Talent TBA (Young Adult) Floating Stage . . . . . SATURDAY. JULY 2~ 8 00 a m Stillwater's Lumberjack Days '97 10 Mile Run, 5K Walk or Run Ends Lowell Park-South 8 00 a m Pancake Breakfast Lowell Park-South 900 a m Treasure Hunt Clue set # 5 released (If necessary) 10.00 a m. "Kids Fesf' Pet Parade Penny Scramble 12 00 noon Lumberjack Days '98 "Kids" MusIc Spectacular Talent Teddy Bear Band Lowell Park-North 1200 noon Carnival Opens Food Vendors & Exhibitors Open Downtown Stillwater 100pm Bed Races Lowell Park-South 2 00 p m Lumberjack Show Lowell Park-North 2'30 p.m. Joseph's Family Restaurant Pie Baking Contest Double Crust Rhubarb Pie Joseph's Restaurant. Highway 36 2 30 P m Authentic 1860's Baseball Game Old Athletic Field 400 P m Lumberjack Show Lowell Park-North 700 P m Lumberjack Days '98 MusIc Spectacular Night II ''The Byrds Celebration" Floating Stage Lowell Park-South . 9.00 P m Lumberjack Days '98 Music Spectacular Night II . "The Guess Who" Floating Stage Lowell Park South 10 30 P m Post Concert Backstage Party Sponsors and VIPs Only Location TBA SUNDAY. JULY 2Z Carnival Opens Food Vendors & Exhibitors Open Downtown Stillwater 1 00 P m Lumberjack Days '98 Grande Parade Lumberjack Days '98 High School Band Competition 400pm Post Parade Party at P D Pappy's 4'00 p m. Ice Cream Social Stillwater Public Library 400pm Lumberjack Show . Lowell Park-North 6 00 P m. Lumberjack Show Lowell Park-North 800pm Lumberjack Days MUSIC Spectacular Night III Three Dog Night - An Encore Floating Stage Lowell Park South 1000 P m Fireworks Finale ''Thunder in the Valley II Downtown Stillwater . . INTEROFFICE MEMORANDUM TO: FROM: SUBJECl': DATE: ce. NILE KR.IBSEL AND S11U.WA'IER. CITY COm f)/J I CAPTAlNLDAUFFENBACH ~ /I' ~~~ CoN'I'RACTWI1H VENDERS USING CITY PARKS FOR PUBUC EVENTS 04/03/98 CHIEF BEBERG I recommend that the MAyor sod the City Counal bLve the City Attomey draw up a contl'llct that has to be SJg1led by orguuzabons u.smg Crty puks for becr gudcns. In the put gmdeJm.es md ~ements have been VIolated and there has been flO tecourse for the Clty . When the pub ue used to sell lIlcohol, thcre ue concerns md controls that have to be addressed. Vended should have Ul5UftDce, the 8Lell should be contluned md lumted JD size. Entrance and exits should be monitored. Juvendes should not have access. Beer should not be allowed on Clty meets Ot out of the beer guden. I.el Ca.rds should be checked by the people servmg. The perimeter should be WlI.tched so that beer is flot 1lCcesMb1e to mmon outlltde of the gudeo. A signed contract md II. wntten agreement with the City could address all of these concerns md others that other Crty staff may have. These other concems may be clem-up, respons.tbthty fot electDcal charges lUld fire lIlI.fety concems If any VlOhbons of the eontr.act occur the City could leVOk.e the lscensc: of the agency applymg for the pemu.t, md restnct further use. PlelLSC conSider tlus request when 15sumg permits for upcommg City events. . 'l- " . TIm Old, Cha1.r Kathy Czar Steve Keister Howard Lteberman . Laurte A/aher Nan.c:; Purcell Mary Ruch Ru:ha rd SlH I k Don ~ als( Lk . City of Stillwater CHARTER COMMISSION 10 MARCH.1998~';; .-- " - .:- .:~': .;m~- -: '.o' , I ... -,,\. "".;.._ -.....,. , STILL WATER CITY-COUNCIL ...... ) ;: '\.. . 216 ..NORT~_f9lJJ.m_~~ ,. STILLW ATER;.-MN:::5~082 .,; N' , .. 'J - '-:.'-4;" 'eo; .~"..... . , ..... ;~""'~4''''' .fl":.....:....."J}~...~~. - " .. -.. ~ .. .. -t. :10"'"' j;.... ... ~~..... .. ___ ..... DEAR MArOlf ANflcfrt COUNCIL: ..- ... ~ .;-"':-.. roo: J .. .:" ; c ~...~ ~i.l.~~.. 1';"~ .. , RE: REQ~J:E~tC:;IlY~RJ:ER CHANGES . '-. . ~;~.:.::~~~'~~f (- :~..', . - - ~ ~om: OF;.1.:@.!"~PROJECTS OF THE CITY OF STILLW!TER CHARTER COMMISSION BAS BEEN THE DEVELOPMENT OF A PROPOSED CHARTER AMENnMENT"wiIiafDEFlNES,LIMITS AND PENALIZES CONFLICTS OF INTERFST FOR PUBLIC OFFICERS AND PUBLIC EMPLOYEES. ENCLOSED YOU WILL FIND A COpY OF OUR PROPOSED AMENDMENT AND DEFINITIONS IN ORDINANCE FORMAT- AS A COMMISSION WE HA VE WRESTLED v; ITH A METHOD OF ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS AMENDMENT WE HA VE SETTLED O~ THE FOR~1A TION BY ORDINANCE OF A BOARD OF ETHICS WHICH WE PROPOSE TO BE FOR~lED BY THE CHAIRS OF ALL CITY COMMISSIONS :\~D BOARDS THi" BOARD Of ETHICS W'OliLD CONYE'\E O:\LY I~ THE RARE EYE~T OF Pl'BLIC CO~lPLAl:\T OF A CO~FLlCT OF P,TEREST OR UPON OCCASION OF .\DnSl)RY DEl:J"jl)"S F()k PUBLIC OFFICFRS OR PFBLIC E~fPLOYEES \rHO \\ISH TO:" \()\r iF Tfir:IR [\TERESTS M.~ Y BE 1\ COt\FLICT WITH THE J:tFBLIC Goon THE FEEDB:-\C~ \\-E H -\ \'E RECEIVED FROM THE BOARD AXD COM~fISSlO!\ CH 1. IRS h:\5 Bc~\ POSITIVE WE ARE REQrE5T J~G THA T THE FIRST RE.ifW\G OF THE PROPOSED ORDI!'lANCE BE PLACED 0:\ THE CITY COl''\CIL -\G:'\[l -\ WE APPRECI -\ TE rOl"RCONSIDER~TIO:\ -\!\DTI:\IE -\\0 ASk TH~T)()r ADOPT' THiS ORDT"i A '\CE FOR TH is fH ~ RTER 4. ~J F'~D\lF'\T I , - . , REGARDS TI\lOTH;Y 9LD CH_-\IR CIT~- Or STI! LWATER CH .\F-;-Ei\ C()~I:'\IISSjO\ ,/----t~~~. ~srRE v ~I CC ',ILE ~RIE5EL \Jt1ri..! '\\ EUlll\ .., . . . ORDINANCE NO AN ORDINANCE AMENDING THE STILLWATER CITY CHARTER The CIty CouncIl of the CIty of StIllwater does ordaIn. 1 The CIty Charter of the CIty of StIllwater IS hereby amended by adoptIng new ~7 09, ~7 10 and ~7 11 that WIll read as follows "7 09 PublIc officers, publIc employees, mterest In contract, penalty a) Any publIc officer or publIc employee who is authonzed In theIr officIal capaCIty to take part In any manner In makIng any sale, lease or contract deCISIon may not voluntanly have a personal fInanCIal Interest In that sale, lease or contract declSlon or personally benefit therefrom . b) A publIc officer or publIc employee who IS found to have knOWIngly VIOlated thIS provIsIon IS gwlty of a gross mIsdemeanor pursuant to MInnesota Statutes Chapter 471 87 7 10 PublIc officers, publIc employees, Interests In permIts, lIcenses or ZOnIng, penalty a) Any publIc officer or publIc employee who IS authonzed In theIr offiCIal capaCIty to take part In any manner In malang any permIt, lIcense, or ZOnIng deCISIon may not voluntanly have a personal finanCIal Interest In that permIt, lIcense or ZOnIng declSlon or personally benefit therefrom The eXIstence of a personal finanCIal Interest or benefit IS, In all Instances, a conflIct of Interest b) Except as otheIWlse prOVIded by law, every publIc officer or publIc employee must fully dIsclose all materIal InformatIon pertaInIng to potentIal cont1lcts of Interest as they arise and must In all Instances recuse themselves from partIcIpatIng In any dISCUSSIon or declSlon on the matter under consideratIOn c) The CIty CouncIl WIthIn SIXty (60) days after the effectIve date of ~7 10, must establIsh by OrdInance a Board of Ethics to admInIster and enforce the conflict of mterest and financial dIsclosure prOVIsions of the Charter The Ordmance must, at a mInImUm, Include the followmg prOVIsions . ,- . . I) Notwtthstandmg any CIty OrdInance that lImIts cItIzens from . servIng on more than one board or conumsslOn, the Board of Ethtcs must Include the ChaIrs of all CIty boards and commISSIons, 2) Insofar as penmssible under State law, the Board must have the authonty to Issue, upon request of any Interested party, bIndIng adVISOry OplDlOns concernIng ethtcal and fInanCIal dIsclosure matters, 3) The Board must have authonty to conduct InvestIgatIOns of COnflIct of Interest and finanCIal dIsclosure, on ItS own Imtlatlve or upon complaInt, and may refer cases for prosecutIon and lure Independent counsel If they deem necessary, 4) Any Board of Ethtcs member must recuse themselves and may not partIcIpate In any Board dISCUSSIon or deCISIon In whIch they have a conflIct of Interest or any matter that Involves themselves or theIr respectIve boards or commISSIons, and 5) A provISIon proVldmg substantIve and procedural Due Process to persons beIng InvestIgated d) The CIty CouncIl must appropnate suffiCIent funds to enable the Board of EthICS to perform the dutIes asSIgned to It e) A complIant allegIng a VIolatIOn of ~7 09 or ~7 10 may be made . to the Board of Ethtcs by any cItIzen of StIllwater or other Interested party A publIc officer or publIc employee who becomes aware of a VIOlatIOn of these sectIOns must report the VIOlatIOn to the Board of Ethtcs f) The Board of Ethics must conduct an InvestIgatIOn and report Its findIngs to the CIty CouncIl at a publIc meetIng WIthIn thIrty (30) days of receIVIng a complaInt g) A findIng by the Board of EthICS that a publIc officer has knOWIngly VIolated ~7 09 or ~7 10 IS grounds for removal from office h) A findIng by the Board of EthICS that a publIc employee has knOWIngly VIolated ~7 09 or ~7 10 IS grounds for termInatIOn or dISCIplIne under the terms and condItIons of theIr employment contract I) Any permIt, hcense or zomng declSlon promulgated or otherWIse entered Into In VIOlatIOn of thIS sectlon IS null and VOId . 2 .... . . . . . 1998 7 11 Definitions a) "Pubhc Officer" means an executIve or adnuDlstratIve officer at the CIty of Stillwater or any subdIvIsIon, agency or commIssIon thereof, whether elected, appointed or otherwIse deSIgnated b) "PublIc Employee" means a person employed or actmg for the CIty of StIllwater or any subdivision, agency or commISSIon thereof for the purpose of exerclsmg theIr respectIve powers and performmg theIr respectIve dutIes, and who IS not a pubhc officer c) Any person who has been elected, appomted or otherwIse deSIgnated as a pubhc officer or pubhc employee IS deemed, for all purposes of SectIons 7 09, 7 10 and 7 II, such officer or employee although the person has not yet quahfied therefor or entered upon the dutIes thereof" Enacted by unanimous vote of the CIty CouncIl thIS _ day of CITY OF STILL WATER Jay L KImble, Its Mayor ATTEST Morh Weldon, Its Clerk 3 , eo: FR: DA: RE: MEMORANDUM Mayor and CIty CouncIl Steve Russell, CommunIty Development DIrector V' Apn12,1998 Update on Sports Complex ThIs update summanzes project progress to date, descnbes necessary and optIonal change orders and bnefs the CouncIl on the fund raIsIng actIVIty of the St CrOIX Sports COmmISSIon The attached schedule shows constructIon progress Of partIcular note IS the delay In installatIon of the prestressed concrete panels HIgh demand for panels and eqUIpment faIlure resulted In the projectIon and installatIon delay PanellDStallatIon IS now scheduled for Apn113, 1998 Other project constructIon actIVItIes are proceedIng on schedule ThIs WIll make It more dIfficult for the panel Installer but not effect project qUalIty or overall constructIon tIme frame FInal project contract costs as approved by the CIty CouncIl was $5,640,506. ThIs does not Include FFE costs of $337,000 whIch IS outSIde the contract and the CIty'S responsIbIlIty or contIngency of$120,350 Change Orders .ne set of change orders costIng $5,050 (change order #1) has been approved by the CouncIl A change order ~2 resultIng In $1,122 less project costs IS recommended for CouncIl approval (See Schedule B, Item 2). Other pOSSIble change orders are descnbed here for CouncIl consIderatIon and pOSSIble approval The Items and costs are lIsted under #3, Schedule B of the attachment and lIsted below 3 1 32 33 34 35 PaInt top ofbeamsljOlces FootIngs for south bleachers Concrete floor under nnk Gas DeSIccant DehumIdIficatIon Larger refrIgeratIon eqUIpment $1,500 $130,364 $84,388 $50,000 est $58,330 Items 3 2, 3 3, 3 4 and 3 5 represents $323,082 of addItIonal costs LIsted below IS a bnef descnptlOn of each Item. Item 3 2 FootInes fC)f South Bleachers an,Q LC)ck~:r Rooms As deSIgned the current project has a base concrete slab on the south SIde of the Ice nnk. The Improvement would result In footIngs beIng Installed so at some tIme m the future the locker rooms and seatmg could be constructed SImIlar to the north SIde WIthOUt thts Improvement It would be dIfficult or more costly to construct SImIlar locker and seating ($130,364) Item 3 3 Concrete Floor for Ice RInk There IS currently a sand floor under the Ice sheet ThIS Improvement ,,-::ould result In a concrete surface so the space could more eaSIly be used for non-Ice actIVItIes dunng the off season WIth Ice, a floor could be Installed for specIal events ($84,388) Item 3 4 Gas DeSIccant DehumIdIficatIon.. The current deSIgned dehumIdIficatIon system IS a mechanIcal system Through dIScussIon WIth Ice arena managers, the CIty has found out that arenas that have mechamcal systems have more problems then the gas systems Staffhas also contacted other cItIes WIth arenas who mdIcate mechamcal system problems The gas systems WIll generally use more energy but be more effectIve at removmg humIdIty ($50,000 estrmate) . Item 3 5 Lar~er RetngeratIQn EqUl!>ment. ThIs Item would up SIZe the refrIgeratIon system for the Ice area so that the second sheet of Ice could be added usmg the larger umt ThIs Improvement would reduce costs for the constructIon of the second sheet of Ice ($58,330) . , At meetmg tIme the CouncIl can ask questIons and dIscuss and decIde the possIble change orders At thIs tIme. Staff would strongly recommend the Gas DeSIccant System A final change order IS for the completIon of the parkmg lot for a park and nde faCIlIty The bId for the Improvement IS $184,121 There may be some addItIonal lIghtmg costs bnngmg the total to $200,000 ThIs cost WIll be paId by the CIty then rermbursed by Mn DOT The St CrOIx Sports COmmISSIOn has met a several tImes over the past months SInce ItS reformatIon the first of the year A bnef summary of commIttee actIVIty IS attached FFE Items account for $377,000 m costs Some FFE Items have been donated by local contrIbutors Table 5 of the attachments lIsts FFE Items and possIble donors AddItIonal mformatIon on the donatIon efforts WIll be provIded at meetmg tIme RecommendatIon 1 Acceptance of Sports Complex update and deCISIon on change orders Change Orders # 1 2.10 PendIng Change Orders 2 3 1 PaInt top of beams 3 3 2 South Bleachers Footmgs 4 3 3 Concrete floor 5 3 4 Gas DeSIccant DehwmdlficatlOn 6 3 5 Larger RefrIgeratIon EqUIpment 7 4 Park and RIde . $1,122 $1,500 $130,364 $84,388 $50,000 est $58,330 $184,121 Attachments #1 Schedule Update #2 Fmanclal Update Report #3 Park and Ride BId #4 St CrOIx Sports FacIlIty CommIssIon Update ... . . . 4n /98 COST ANALYSIS SPORTS COMPLEX ORIGINAL COST TO DATE 1) GENERAL CONSTRUCTION $5,640,506 2) OWNER'S CONSTRUCTION ITEMS $ 377,000 3) CONTINGENCY $ 120,000 3 1) CHANGE ORDER #1 3 2) PENDING CHANGE ORDERS REQUIRED SUB TOTAL $6,137,506 $5,616,817 $ 270.750 $ 5,050 $ (1,122) $5,891,495 $ 40,000 $5,931,495 4) ANTICIPATED FUTURE CHANGE ORDERS $ ---__ SUB TOTAL $6,137,506 MONEY AVAILABLE FOR OPTIONAL CHANGE ORDERS & STILL BE IN BUDGET IS $206,011 OPTIONAL CHANGE ORDERS MUST BE DECIDED AT 4nt98 COUNCIL MEETING TO STAY ON SCHEDULE OPTIONAL CHANGE ORDERS 1) PAINT TOP OF BEAMS/JOIST COST REMARKS $ 1,500 SUGGEST REJECTION 2) SOUTI:I BLEACHERS UNDERGROUND $130,364 CAN'T BE DONE LATER 3) CONCRETE FLOOR UNDER ICE RINK $ 84,388 CAN'T BE DONE LATER 4) GAS DECISCANT IN LIEU OF ELECTRIC DECTRON DEHUMIDIFICATION $ 43,384 CAN'T BE DONE LATER 5) LARGER REFRIGERATION EQUIPMENT $ 58,330 SHOULD BE DONE NOW TOTAL OF OPTIONAL CHANGE ORDERS $317,966 SUMMARY ( TO STAY IN CONSTRUCTION BUDGET) 1) MONEY AVAILABLE FOR OPTIONAL CHANGE ORDERS $206,011 2) DELAY FFE HARD PLAYING SURF ACE FOR FIELDHOUSE $141,750 NOTE TInS COULD ALSO BE USED IN ICE ARENA TOTAL FUNDS AVAILABLE $347,761 NOTES I)THIS REPORT IS FOR INFORMATIONAL PURPOSE ONLY IT IS NOT TO SUGGESTION THAT THE COUNCIL TAKES ALL OPTIONAL CHANGE ORDERS 2) ABOVE AMOUNTS ARE ASSUMING 1lIA T NON-CONSTRUCTION COSTS ARE AS ORIGINALLY SCHEDULED G" .00 , ",., ~,hc,,(u I.... ~17/98 TO CITY OF STILL WATER FROM GWO (DICK OLSEN) RE SPORTS COMPLEX WE ARE WAITING FOR THE DELIVERY OF THE PRECAST WALLS FROM SPANCRETE THE ORIGINAL SCHEDULE REQUIRED THEM TO BE ON THE JOB SITE ON 2/23/98 BECAUSE OF THEIR BUSY PRODUCTION SCHEDULE & THEIR OVERHEAD CRANE FALLING TO THEIR PRODUCTION PLANT FLOOR. THEY COULD NOT DELIVER ON 2/23/98 THEY ARE NOW BACK IN PRODUCTION & THEY HAVE GIVEN GWO AN ERECTION SCHEDULE OF -J/13/98 . THIS HAS DELAYED OUR SCHEDULE BY 6 WEEKS HOWEVER., WE BELIEVE THAT WE WILL HAVE ICE AVAILABLE BY THE ORIGINAL SCHEDULE OF 10/1198 THERE PROBABLY WILL BE SOME FINAL FINISHING ITEMS TO BE COMPLETE AFI"ER 10/1198 IT IS IMPORTANT THAT A DECEISION IS MADE ON THE OPTIONAL CHANGE ORDERS AT THE COUNCIL MEETING OF ~!7I98 IF YOU HAVE ANY QUESTIONS PLEASE CALL DICK OLSEN AT ~39-5~ 10 . . . . Codes Ad. ID Cotegory MoblhzatlOn 2 Excavallon (Vert) 21) Srtework 2 21 UlIlrtles 23) Finish Gl1llIong 3 General Construcllon CKelhngtonl 3 1) Foundation 3 2 Extenor Bnck/Block 3 3 Intenor Block 3 4 Slab on Grade 3 5 Roof System 3 6 Roofina 37 Intenor Finish 3 B Metal Stairs 3 9 Elevallor 4 Precast CSoencrelel 4 11 Wall Panels 4 21 Bleachers CNorth) 5 Parklna Lot 5 11 Curbs and Gutters 5 21 Blacktop 6 Ice EaulPment CNewMeehl 7 Hockey Boards (Beekerl B Final Sltework B 11 Sidewalks B 21 landscapIng (Abrahamson) 9 Mechanical (Areal 10 Eleclncal CGeohartl * . Date Malenal ReqUired on Job S.e Labor as Required . . Estimated Schedule X = Ad.ual Schedule Sports Complex Ice Arena (Including LInk) 97031 Archdeel Ankeny-Kell & Stelan Larson Conlrad Dale 10/28/97 CompletIOn Dale 1011/98 November December Januarv Februarv March 1 8115 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 I X I I I Aonl 4 11 1825 I X X 'X , i I I IX I I I I 1 I I I J I I X X X X X X IX X X 'X X X X '--- X !.X X .!.._. __' ---- ->---- , -,-- +--~-r_-- , ~- '- --1---- ----- --1---- ------- --I- --- ------- --1---- -------, .- -------. --- ! I I I I _ ~~ X X ._-~~- I -- '-1- I =i+' --+----~ ---- 1--I---tI-~- I I ,-+--- I I I I I I I I I X X X . . . . . X X . . . ---Lf -t- Ma June 2 9 16 23 30 6 13 20 27 . . . . . . I. . . . . . . I I _,_ _T_. I T I .,-1' I T . Page II DC M I July 4 11 18125 - - I _. -- - ._--- August Se ember 1 81152212915 121926 I I I Remarks Odober 3 10 17 24 31 % , - +-~-=-=--=-- ___1- I I __ I I I Pi __ -L. I , f : -t---- I i+-...----- 1 ,:--1 -- --- I -r l-~-- - - -- I J- ____ , , I I I ---- -- I I I + --i----~ I . . . I II I I _...L_ _ -I-_L---L-.---L -I-_=+==--L-I I · · · · --:..-_=t__I_ I I I I I I~i.==i..!.i.+-.... .,.. .. . I I I I . . I T 'L --1-H-t+- ~j_J----- ~ I _=_ ~ I i I H+i------- ~ ~--- ' jj~-: I li++---- "-+-._-~- -t-' I , -r-r - ---, .i .---- rl--+ I I I ' -;----r--- T !---+-.-,--"--'. I -1-' I: I' · · · >,. · '-:= =F == · .'. · · i. i ' ; : : : : I== -f-- · · · · I + . . .1. I I I . . . . . I I I I I I I . . . . . . . . I ' r---r--- i ,J I I' I .1. .1.1_1 I I LT~~~-------=-=- .. ,...1, I ' I I I I I 1 I ---- I I ' " l. I, --- I 1 t-1 I 1 I I ,---'--,---- ~-,-," I I i rfR ----- -:-: : I I ~ -L-l-_-Lt' --_=~ -- I I, ! i iT, +--L...l.. ____ I I I I I I . . .'. .... ..LX_---J-' ::h . . . . .. iITi.. ... IEII I I I i - : , , -+-:---- , ~-t '-M--r--,~ L1 m-+-- ,=11 I I 1 I I I I r I I I ! . . . 1 I .1. . . I Codes Aa 10 Category 1 Exl:avatlon (Ve~) 1 1) SIIework 1 2) Retaining Wall 1 3) Finish Grading 1 4) Foundation ExcavatJOll 2 General ConstNctlon (Kelllngton) 2 1) FoundabOl1s _ 2 2) Cyclone Fence 3 Astro Turf (SW RecreatJOll) ~ Dome (Yeadon) -----s- MechanICal (Area) 6 Electncal (Gephart) _ 61) Rough InlPower 6 2) Interior Lighting * . OllIe Matenal Required on Job Sde Lebor as Required . . Estimated Schedule X . Aaual Schedule November Jec:ember Janua Februa .!. 8 15 22 29 6 I ~ 20 27 _1.12 17 24 ~ I ~ 21 28 X X X X X X X ===, -~- ~\--- --'- ~~---=--=-=---===+ i~~~~~~i~~~ . March 7 14 21 28 ==c ==c '- --I ---r - ~ ~ June ~ Au Sertember October GJ · ',"H_~' '~-~uu~;~~~~:rn"'~2"1"'~I:~ .... ....~~~~~-------- E _:..-_ -L_ ~_-L-L-- =$ -1-- Sports Complex FIeld House (Dome) 97031 Archded Ankeny-KeG & Stellln Lerson Contract OllIe 1(1(28197 CompletIOn OllIe 1011198 . . . . . . . ========-I-=== .~~~~---- --- -------- --- -------- -- . . -------- -- --------- -- . . ------- . . . . . . .. ......... ------- . . ...! =F =+= . . c= :f= t~ J- I t~ Page ~ of ~ ==1 . ~2- FIN4NC,;"/ April 1, 1998 Sports Complex Project Construction Cost Update Summary 1. Ongmal Cost Esbmate (10/28/97) (Schedule A) 1.1) General Construcbon $ 5,640,506 12) Owner's Construcbon Items $ 377,000 1.3) Conbngency $ 120,350 Total Original Estimate S 6,137,856 2. Current Esbmate (4/1/98) (Schedule A) 2.1) General Construcbon A) Base BId (Excludes conbngencIes) $ 5,616,817 2.2) Addlbons:(Schedule ,q"J . A) Approved change orders #1 Add $ 5,050 B) Pendmg change orders (ReqUIred) (Deduct) ($ 1,122 ) q Pendmg change orders (Opbonal) $ TBD D) Change order - conbngency Add $ 40,000 E) Park & RIde (paId by Others) Add $ I 1.1. ~...LK r /$'1,/2.1 Total Additions S Total General Construction S 3. Owners Construcbon Items (Schedule A) Add $ 250,000 Total Current Estimate S .. ~ . - -- .- - ---- I Sports Complex Bid Results And Estimated Construction Costs Item Base Bid Alternate #6. Add Wlnd sensor to fieldhouse. Alternate #7B: Substitute 2815 Comfort Turf filled synthetIc turf for World Cup Synthetic Turf Alternate #8 Substitute tempered glass In lieu of Acrylic Specter Shielding Construction Manager (GWO) A) General conditions cost allowance B) Fee (OWO) Conhngency for Donated Construction Items City ofSullwatcr Constnlction Costs SACIWAC Building PenmtlState Janitorial Clean Fucl Builder's Risk T estJng FF&E I EJtiQlated COlts I . $5.220,435 I + 6,500 I (- 3,356) I .+ .6.879 199,630 165,418 45,000 Total City COnstruCtioD Costs Conttngency (2%) I Subtotal Project Costs I I I I I TOTAL PROJECTED COSTS I 237,965 50.000 5,000 4,637 5 6,435,458 Capltalizallnterest Bonding Costs City Legal Other p~-- .A-r~~~ f\~~t-~ .. \-, ko+--~ ~ go.JL W uJt1.0 ~ ..p;....... ~ ~ ~ . ~ ~~ ~ CJt::~~ ,Bid, ..'.' . t. "-~-':--;::::"., . ':~:-~"1~ '.Original .......~.P.. Change.'(~, ';Adjusted.... CurrentEstimate~ Package . .-~ ,,-, :Contra~t~r" .- ',' _.;: -Cbntract' ': Orders:';. r , .: Contract~-: :. .~';', 141iJi8~ ,- 1ft ~ T I rl'.f' "J"- ~ ~...." ';. ~ .." '" 1 t ~ '", , ',..,: I -1 '.IBaseBid:-r,~r,'...~.,-t.:,- ""I','~'\:- I 1.1 ' IGwo. 'Imtlal Pavment. -'.,,' :,1'.~I', ~ ". 54,301 I .1.,; \'Const PhaseSe'rv ; - ~..~I'- :"~108:6021' ,'.1 'General Conditions - -~ h d . .' -199:630 I ' I" -~: - '- " I ~,~ 362:533 I . ' I '. ; , -,' ,; :, 1- - . , ,., - . " .. I ' IViet & Co I . -1.-- I I Tower Asphalt - , , , I . '-.1, , I.. ','. ' I IAbrahamson '," ~. ' ' I I '~ ," . " .-,' ,- -J I " .. ,;, I.: I ...... .......... .... "\.)... .,.. , IKellin~on I ):. _ _ I ' 2,057,173 I ,.", I ' . ;",.-. I, ..' - ! l)' I - t' ' . (~ ,.. ( > f ~ "';I..j.... 0"\.,.... I Spancrete . I ',' ~. .. : >. ' . . . ~ I . .., 1,,-, ~ _. " -. . . '. ' 1 ...1- 110 111 1.12 113 2 21 22 23 2.4 25 26 27 . . It' J ~ J ~,~...- ~ ~~ /..~ -,)~-~~:~~~~"-f'j~.' :r.-r.~~-;.t- ~ ..".. "I? ':-.L ~ 'f (' I .. t~ ,. .. ~ J ~ ~kl'-~~:::r~ 1: "}lIJv~'''~ ~~:,; ... .. t It,.tf'!!.~ \ ,r r j l '" I t ....1....."\,. ~~;,rt~..,4"\..t"""" MIl ~ ..~~~1;t ,'" , j.r,;"'1o ...I....~ ~-r...~ '+' ~l.. ~ , jl..."'~ )i:.1~"".,.~t~",. .'..%-"'....~\..~...~~::1g... :;o.c,..l:f~4:1:J.";:tt': ... '"..... I\,"" ...."... 1"'~\ ("" ~'" ~~) ..)(\10 1 , ......._... W'lS.;"l'"7"'Iori"",......li'" ot~~~..,."":. - I' J .. , " . , . . ,,- ""_...."I>!f"' '\.',"" j< . .- ":;;;~. , ~, & ~ .c ...... 1.1 1. ~ 4..... .. I 'f J~J .;',Jt' &. (r; ~..r.. ~'\" ~ ~ ,l~ -......~'i I ';.. ~ (.4Jt~ ~ "l'~f.-"~" - ~ -.;t~ f "";r ....-.,1,... ,",) ,.~.. . .,.-~ \. ..,./ V li!'....}j.- 1 J :.....,J- ~.c.1 ..... t ~ -it!... .f'rI.~: ..........'.t\,... .....J...-ilM'1;iJi,i.,.~'tf...~r7, ~ ~~ ...:'-\,..,': ..' .."'.'" - .-:;:'l.Sports,Co,"plex),1. _>,'.'-'~,.'>.'. ,,'4..'~ ~.-',;:j!::~.:\ri~~.:~~.t.t '~!" t ..... . II. "'\;"i ~ ''- '...... :......:;,... :<...~ ';S' 'h' d~ I' A' .....ft"J: f4fJt,...... ol. .,..rl'~~~6t"\I ,~"..:r .,. ~ff:: J~] ~ JL..~I\ 4Jl~ \.,~~...I~\~ ~ , .,.. .<. L"~ C e u e . . ~. ',. ,- '\ ... ~ ,- 'I, ''L ":::t~ t .,,:11 . .:..0 .. M ~ ~.a. ....'t .. 'J.;",7'".'V - "~-J!or ..~ I ~ i'" lJ"",oII.$1''''.,c J..,,,,,~...t'~.J.:-<ijl'\";~ ~I"'~ 101~<''\ t'\' "'... "'~f,J....""""4""Y'" """...'oJ 1:i"\-J"'f'''t',,; *'''(~'',''' r"V" ~~..<t""&l~I..~~I~,~'~I'...~\.14,\ "--"\.~'::'i~......~l;""'''t( -. , !..Il ~:' ... -, , > --, " . - , -. , ,- 'f"... ..~:t \~'t"" ~~\....~ III ~..'" iI~-.. "\ " -. ..... 12 416,761 I I 137.500 I < '-, .1 . 46,952 I " 13 14. t. - 1 5 16 , 377,088 I, .t- I,', INew Mech . .. ", -, '. ',. ;' I.' :" ,369,000 I ' I ~,... lo.. _ "',.. ~ ~ ... 4 ...J I,. \ \, If. t - it. -.:" I, ..I , ., ISecker'Arena' . . - ...1 h J;,,' '11(680 I ",' J n.':. ...; .. !Io '-1 t.,..,.... f ".. L" , - !.. I ISouthwest Recreatlonallnd ' .: 'I " 395,000 I I ~ :. . .. .....f . .:. . I ':.,' ';," , I IYeadon Domes " /"..c, , . ! -.f I" , .' 555,495 I " -I . ~ . '. " ' - .. .... ('.... t .., r.. .... . I r.... ,~, ~ ~ ... i<.. q .. 17 1.8 ' 19 I ~ , . ~ "r I: ~ 't' .... to ..';:.,. , I"'~ J_J, r - '\000. )1" .. .. "H'" .... ";-'1"&. ~ f..' 1..... I.ol' 1 ~... ~ ~I ~ t'... I" ..):.....~.. ( ~ '\ ~ -t I .....: 'IArea Mechanical';' ..,: ..,:" '/,\,.d.,I,.:." . 314,900 I ':.' I .,- ...,~j f i f<,~ ..... .. II'''' l:tl:'_~"I~'\"...." ..... :";,j '} I : ~..J I Gephart Electnc -:, " < , ,7 . ~ -.\ '\'r ,443,930 \ ~ " I '.....~........l ~ .... 't ~.... ....I~ "~ '..~:/ :-,,1,)' ,. ...)- IConstructlon Donations ' -I ' ,45,000 I . .- ~ . I Subtotal (Base Bid) . 1_ - 5,636,012 I ' , " I ~, I ~" l : t f ~ ,\ 1 t" I.. l"lllo\ ..I t...... $. I lowner's Construction ISACIWAC I I Building PenmtlState I . IJamtonal Clean-up I IFuel 1 I BUilding Risk I . 1 Testing I . IFFE I I I 1 .- I .1 I I -I I I I I I I I I 1 I I I I . I 10,000 I I 15,500 I , I 2,500 I I 20,000 1 -, 7.000 I I 10,000 1 I 312,000 I 37~1 I I t. , ' - I - I - ,I I - I I - 1 I - I I - I I -I I I I , --"""""""'1'" ~.2~10P. :,H250:000 j e::.~_...\!t'-........., . " Subtotal (Owner) , " ,',Il :';~.~c Bid ~~;:~"2~%c:} ~'~,':-~~';~(~1~~,:~;\~a~:tffi,S !:t~~<~Original;t-t\~~-Change~;~"\~AdjUsted ,';'N;.Currerit Estirri'a ~, >~ <' ~.""", 1_~~'l;)-,,1,~: ')~ /~;..-"r"",~~~ '-""-: ..~i_....r...Iy:""h>+oi"'.-,,) ~':i 'f'f. f~ "-l...E,.),...~;C:i) ~:U:t>\.J$/~-t. ?,,;,'U, "'~-..v~~"'l't."m 'J ~~;r'.;\~""'" ""';/~l/;'\ ~\~'f'tt)'J"-'!'W":;~.. ".\~Package ,'}.r;: ::'/.;. ;<),:-iJ}.'1(' Co'ntractor,~i'~~"'{' {~:" '~'~,'ifrContract~:r;;,~ tOrders 1l,>'J~i:VContract .,>'~'1 ;:-~~"i,.M1/98 ~n '~~:;~::ri t~1;~"t: s ,~~ J I: -' :~;#:-t'!~~:.~~,1 ~tll~j;.t..,~[:; ~~j~;;1S~~~r ':.1tf: z:.-~;;' ~{:~~,=rf~-\~~~~~~~~I~~~ -f:1.~.~~:~1.it};~~~'t$ '~\~ls.,~l'~ l~J^~~k ~~<r;~4(;~~~~D ':f:,ti'~' f.3 ,~:.{: 1~tl Contingency[Charige' Order :i""~ i#~I;~~\r~120:350t1 'i..~~Jt~r{{;t,~~t1~,~~~lr,.:i:':t'!; u-~~'I~i~f,:>~it:%"'.,~~~ ;', ';D(:;~~ 3.1 ",:.,';i>;: IAPprOve(f,*!::~~?t.~~'rf~1;-;;~J.;&t.'t';~('>';~:Zj{I~:.~:\1.g~~-.:'7~1'!f'j~~.,~;":tlu.)",-t{I~: Jt!;~If~~~~:r!:'~~- H:':~ ~'i~tl",\'~~l'i5;O~92 ~Jk ' Y, ;,~? '- ',:; '3.2 ' '; f~;~,1 ~endin~f(Reci~ii'e~ '.:,:i,~' '~~ ~\,~ 1) ~'*;J~:~~\~:::~<'j~i~ .;~t.tl ~~#~'12',~~; :--~;J+.~,~'f-::(., ~;'t\;.it,,,.,: I ;t"ty ~i., "}J{~~~(1 ~f~) ~~,[ ";'.'1:1 , , 3.3 ~ IPending'(Optiohal) ;~~tS~J;'''~-7:'i"'''';~'I'~s?WIf.i:i,:lf(~~;j:~ !~::lji~~~t;;:l;~~~"~' 1~::');,:,,:1:.1~":~S~.I.~K,~:~'i'.~,f:':f.~b~l:B[:)1 ,l)~~, '" . p,,~~'. 3.4"1'" ,; ',IChange'Orde~J;ontingericYJ~";<,',~h~ .;~~r;;iUi1'~" .~~tij:,'il, ',-: ,t,~~~,-il;7':.:;;I.,~t,,$!!,!..:r~if:r;-::1 :C~'~~>~;:4/'f~O;OOO~ ~;.:.;.. ',,:t~'~~'c,Yf'~' '\.~ 'If~ '~f':::~~~ft.Slib':rotal'f;"~t, ;!,. 2,"' :/:.~:I ,;:d?'~20;350 ~I'f :tyJ\?".f~~'~?,~;, S::.I' ,C;~'~r;::;,:, 'tlJ.;,~it.;.~1 ;:i;'f.~.:;>;':1:.".""it:;:,.,;~J:TBD,; ~~,:", ':.c.": ;,'>. ;)'1-:;-;;:'~~~ 1 :;,,:~~ ~",~ ::';)Vti~€"t5_; ;;:"~tt" '~/;:'~'\{I -;~~'..1).~'i::--'1~tl ~~y.;{("; ~'/ ,<y1~';(:11'<:i<:':~~:-;:~~{'~'~j \:;;: - ; ;,~\:'.:i!;:;.,F:fJ.'!~'/\.{ \' ,\t:~:l., ,':" '~"A' ,~~, ':::,ICapitalized Interest;t:;; t'~~~:,,~;:~,:':~:~.1 ,:i\ cj'237;965 'I ~i;~:\~-J::;}j',g:~'I":'~,lt'-e~''I;'!.:'<-r~:.:.:,k(!'''';',<ff,;il;',\S;:~\,l:;TBD'7 ~~ : ,r~J'\~t\~ r~f;1' -:~Jf,-I ?i~~l,;-%:~~~~::~~',~?~Jl~~!~:~jji;~~::r:>-;;'~~rt~"k~~.~~ ,.A~$l '"~:~'b~~~~#;(;~~~;llli; (~~ ~~~,~ t~ i~~:.~~~1 ~~~t~~ ;~~~~.l;':1~-~,:~?"~(1 :~~i~~Jt:~!~1~:L~~~W:~\;iiAA ~-A~ > ,J; 0' 5 "J'~; '. ,[IBonding'CoSts ~:.;'t:.~';, '{"f;,~':;"it",~"t i'::;>~~~IJ;~;t;,;"';t50,Ooo:IX",~~~1:t;~r>f" '?;~^;l\'*)'~':-1";;i~)I~ :;.r.~:,l;:, ',; :'4':it;.TBD~ t;:;q;" :~":;::r\~k,'~;:i. b ;:~'I ;/"";; :,p~t~1't:1~~:; .~~~~~~ ~~..t;;'f',~'l1j.r.:~~\t:l: 'l~1~,~;{,:i,;,:i,litl ~.;.f. ~~~~ ;;:!.~;,;~.;d::2 if4;;~~~\;:;i-i(;~~:fl..Jif-j~;~,:fW:)~~~~~~ ~l{~~', .' ~;:. ~ :;,> 6 ~7, :~. -I City::' 'legal r,::,;~"~':';~~",:';, ~ ~i,~':;fi.;~:rJltl.Jo/:~;,\.~~~:5.000 :1 J'I~,;,,>:~~,,'r(~t;":'J>"~:,;1 'I::tlV~~~~~~<~1 ;'.. ;}':fi,~IJ.K:!~~;,}:;l..rB,D,~. i~'r'h ,: . .~o<'., ~ '''1''''" ',..- ","," .~.' '>"":A,.-.~"";,",,..,\;:":J;I!p;:':'.\"<~";',;Xl'\.l"<<I~'e;::.'''''''~-''' ,p., '. 1< _.;>'0....' "y, '.J', '''1<:",;~.{'''/''.f\iA'''~'.>.It ~J,'1/< 'I-.{~ '\.\ ,...~"'i1~ l ~ ~ .y.S~./ "t.r'\o} /-l{~.it~",,'" '~~\'1\.~\,~~~.}i"t~: -/,,";:::1. t~~ >,t....,JI{'....~..~f.",,..:>""0>~...~ ~:\.~~~j 1,~~'-I'".~-rt"lj, ~ (::~<<~~r.r.:;~Air:. }~~,f~':IlJ.\!-i::-.~'-";'>::"'}-'t...... ...~;'-j;:~,r--~i....} ~1i1J-t,~ "~t~"(7X'1.\1::, S~IOther. ~:,<';' ~t :; \~~~<~~,,)~i~; ~J."f~.I~t~/\~~{~4:63'Z~IN<'>7,,~;.~~ '-1}1'1~~\.l ;,~<:t~:{.~(~:f,~:I'{#J~"'~..~~~~.,\f~(~T~D,,' tt}:l~: '.' ;, '",!,iC', '-;,:;- ~;;:',.; 1 <~"'~'?,:.).' ;r';''',,:~, Subtotal "'~~:1.1'".:.. :;"- ..s,'.'r,]:,'I.i.,'<;j"",>,297 602 il ~ lC1-"1~1i.'1';?.'t,~;fi!-~"Yl-;>;~'I.";:'~~ry.. .;1; !'if';"./.,: i,,~c,{,:~\;,;"k;\1~~TBDj ';~;'4<' . ,~.<~, ~.., ',,~ ~ ~~~ ~~ 'l't ",'""1 ...~ :._~ ,*,"V--"',""'-..l~,=,~,)"r, ....~ ~ 1 ~~ "'~ ).".'"'~,"lf 1-;;~;~3"'I."'" ~ ~.>,. ~'i<~""''''' ~-"_I-~"'~' \_"\.....~-..t"..l + 4--l,~-,...... >! ~~~~j ~ ,:~~. :,~. :-: .~~ :;t I.:,-;'!t;:" ~ :t""V\4; ~:t.~Z:'1f.~\~',~ Gt::.,. ': > ~~;':-il:ii!I'!~-~t~!';~'~;~,::~~L;:>;'~:i~,\';;lf.:j;~~~"/\~SI ~~-i((~;~~$f~\<'::: r n,11^::~i-''?'i11> !,:,H-;~~~j~' $.~~;, :'~:Summary ,';'?I,'.::';: :,>ff~(;1..' ~ ;:W~,frJ,:;~"'i~f,'(.~1~\W~.~.~,t'!>;;~I.',;~I-t\t:&";I~' ~~;f?;'>;~I<r:~d'~~JiY:':Jr~"'~ 'h.:~,: ~~~ ~t~~ ';::f~j J~~HIo''>?~:;' .4:~,,'~~t:~~ :~f"~. ~~~ :,:' ;, '4~ . \1' f /; '. ,'~ I Base Bid (General :Con5q:~". ~~~.,~~,;\~u~I;'~"'5,636:01 i ;1:t~'~~\fAW~:#k. ~ ;i:i';.li~;~o~'~~~'j I>)ry. ~~,~'{~:;c~";5,&te;8,1.Z~ ~~"~ ,~" "'~ {~~~'^~o: ~~;, 2 t 1'-':""'': '-.t I OWnej's~ConStniCtion_,~: ~ i~~):!~tJ~~; \:E~:i)~~~,\1 ~Jtt,,'~:~3~nsQoQ.:~t2}l~~$~r~.1~~~;"~'~~'-?1 ~f~>j:;1~~A~~Jl~.~i,~~I'Af~~: "t~:~~~~~~,~250.000~ t;.'{~::; ~ 1 ,: I , '.: :>t. 3~' ~;::1~ C.9ntingenCy 'i'"i{{:~~t~~<~, i,:t:f,;/'; .':~ l;L':1 ~'(.:;::", ~120;3,50 11~:O:,!)'fc"~~);; ;')1,;r,~~ :'1 ~t ~;i~~'t~~1,~Ii ~::/f,i~t~:((,I,: \'~1;<: ~?fTBD; <Y; ~ J:~: : ~,'C 4 (l;J ,:!l~ I CapitalizeaJiite.rest; ;{,/'J' ..:;ft!~ t;.: j;; ?~~I '~11;:;J,.:&237,965:.11;'.'~.i\,;t~b:;~\~}}.'t- ',I" fWj; ;~~q, 'i t~';:':1 ,c~\'i :1-\: 2fs.~~,"I11if,'6TB,q.: 'i::~.' . ~,'5 ~:\:' '<'~'~IBonding' COSts ~~'tt~.;~~;.:;;~,~:{~, ~1\"fSl:~~~1 ~ tl~:~'^50,Ooo.~lt#,ir~;V.:<!:l;~)1.",: I S}~',;,<';:.\:,~<)F',~'-"il'l~fq:f";:;:':'~~!1~dBD,~ tP~ ~~" ~-,,: ':"\ 6,,:, :'.:~.ICity.~J;egal-,j:,:' :~~,~:~I,,'~':j:{;:;-fi,;\' .'f!t'~i:.'I.~".t:r~';;;i: 5;OOO:1J;11~~~~~~;i~~?'"';'~~I'~i~~~~~.i l:::.'i~d'" ;:Y",?:f?~~'~i;tJf0BD,; ~1~~/~; /y,::, '?t}'7::'f;:,,~ ,} IOtherJ\t-?~~~"f(1':&.~~,i:-:;1:(.M~,~:,::~>;<'~~..w1 '~;~~"~~i 4;'637;~+~~~6~~~,~~;::~lh~;1~.f;f.a1 ~;;~"~I ,;:,~"!~:?'t~,~tfw~f':4$~.tT~D:: ~({I.')~~, :~ !; ~ ~ ~~~ l~t.l;~ :;h";" {~rf~~:t~~ t t\;!':'~;~ -l~;: ~ i~~t!\f~t}~t~,~,:-~ cr.~i~~~j t r~$:us\:,~2~~:1:~~I~:~~ ~J{;; ~~~~ f~l':fJ"fi~~~~ t.~~!!:1 :~;lr1;:-t5~~~ ~Jii_ ~)\~~tt ~''L~~ f_~ , p ,~. 1" I'''' }' P, G "d T'" . .I.......~'." "~.,.. 1< ';';'6"430 9'641'Y~'\'''hr.' ""i"""I~" p~~~'", ::r<:' '''I~'~:'''-' ,,~~,,!:,'n'''-'''':rBD ~~" ," ~:"'J~':'" 7+~~ ~ '-< 1-1f'._ ,: "-:;~, ' " "~,\r:rf ran ~ '. ~ta ~J,~ J~"s~'t ~~ ~~:"f l,~ll._~:! ~ ': _'~ :t"'..~::r{~r~;;;;rtp:'Io";;t~k\~r. "~;;?1: ~~,.:~{\<~~..-,-13.~C~~ *{I1.:t\"X~J:J~>~ 'jIo~ ~~~,lp .. ~{ ,,}:~~~~ ,~ f ~l' ~)f~~,H:;~ ;q~>J>, ~I ,~i~r-?~; ~~~, f J-,?~::Z]-rtj'~ ~~~N; ~"~"\::~~~~:~::{;~}"ii.~~I~~~tn~~:~~~~~_'r\:~~:~I~ ,lr:~'}~,~~~~Yt1t l~:f~~ll~ ~~~~~(~:~~:~t'f3:;~:J/t ~"~~}~:~i~~$l!~ff""~ ~~\:~~)~1~.~ ~~f::~ i , .~'>T-?"J, 1- '~H>"~"'~_','.'I ~ ~,- ..." '\;'~'1~{'f';~"~""'''''' 'I~~" ".\'""'~""~;11i ~~:"\.\.-t\'''';~.-u''I7'':0?:'''II''4,,; ~":'t"-::,(I".~~.::'ft~.I~"J"F~::~~;"""Y...:-~\--i {li()"",~~..\F.j,,~4<.' "'-'::;" .~;t~'l/~ -y-,;....:~~ A- t....~ ' ~~' ~ ~~l> ~ - "',~ ~ ,1. ~ - ~,~' J: : l,. (' r -If ~j ~/;~';:!.. I ~ .'"./-,...,; !,.;. \, "< i ....'"""c\ .{:~" i,'" \". ~'f~. Ci.."'~'~ ~~ c_~~: :"" t 1 '\ f~,!'f.4 :l.1~: j .:. 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J~~~'_ , Y,!';", ,~~:.-'r'~'jl _: *'~~~'.l,:.3;": '.~~~i '(;.f!~1~~\ ~~?~' ~-,~:~:~'~~~'~f:~;;:':~+t~~c~"~-t;~'.., >.\,::~~~~:j\('t::;:~;:' ,~~~~";~~l:~r:J.: <~;':'~J~<i:~'~:'~~~::r tif!:~;:~~, {~...1 ~"'f ;' t ~ I.,./A<^1 f~ I ~'t~ ~'~ ~,l'" '(", "\- f.., ~ ~;~,'"~{"A...t"l(:t:r ,S~,t-~ ~" ')7.",",,~ ~r' .:.1'" J~~r~' ~>->'1;.ir""f~J~f..-r'(' l:::t n~ /!ot\'tii~t~~" 0'1Z;".;d.\~ ~~~",J~\;.~l;: "~''': rf~1 ~~ n~i~';r,;~:t.-~~ (~' >~~~~\.. ./, i ..\-~ <~~'1 ~.t, J ;>\, \k~-r ~",~,~, ...;l.."'..... ...,.....,..,_-i~f"7.....>,..""~.h,~~.r-.T....,J,,,......"f",..'K.t.'l-T....~...1''JI>.- 'J'~j1'-.-\\~.....~t...,::h,J ~Ji"""',"'''"~'-,..' ,.,,(,"~...~.., ~,.,,~,,~ -l'~:' f\"~-'" -:: ':~I~, ~~~~"'i ~,' t<1~--"~~~f,~'~f~ ~~~? ~~ 'I>:-~J\~~'f-: ~~~J"~ .\.~~h~~~46:~1 f_i\~~~~\1~:J..~Jir;:1 ~ ~t:;~'i:~t,:;~~r~S' A~I \^'~~,~fl':~~~~~~~: Ail <,1:.:.~~4"J~:~<<: 'i:~~{}~!.~.(;r~:~;2.~ v"i3r~~ '- ....... ',. . ~ ~''r .,... :r ~ _ ~ "'... .....) ~"" (~ ..,., '....T '"I. ~,;t-~ n. ", ~...,j;1r:, J?r",p ~~'"""" l ." ry, ""Jet. ~ ~,~ r - ~-~'-)~' :-" ': : ~~ ;' 1 ".:, ' . ,) .'Grand Total ~. ',:'1~;,)~>":.i.:t.J<::~"'-;'.6~430.9~r1 L.\r.tlf.tt:;.\-j1(':~'r',1 ;y":, ~:r.~'{".....r\-'q.:i:I' i~~~i'. ~':' ',":,:.";:~\TBD. :.{~';ji:.: , t..-<.. 'r~ {'''' I......~'~ "I~'~'t 'J"i -~ ~lj~ 1.~." .. .....~'M.~'JI.--....~~; -- A~(r\"')I,'~",II~"""';SD~q "";:tH{:.'.."~""~ <''''I ~'" n"~ i"~"; :.~ I \:". ~(J\,t'" ",.{, <'J.,,;.,ltl ~>;"., ~:<, ~ )1"t1. ~ ~ ~ ' ("~ 'r ')~~~~ ~ ~> { 'f~ "~{ ~ t.fJ~ . ~> :~:~, ~'~"'.~~.} ~l,:~~ c I~' ~.< ~~!r~ :, ~..~:' "~', ... :;:, ~I..~,l l~~' .~~: ~~: : -~).- ': 1 ~ ~~~~..,,~ l~', ,~(:.: :,'"'-::~~,,~ ~~:~!t: ~~ ~, ~ II" ~: ~!~ ;~~ Jf;\~~'ll_ "1" , ;;" S ," ~ ~"I <~ ," I >-~~,,~ ~~,~' ~J3 r ;C \~ >? ~, ) ~ I~~ .:: ~ z 11~.(\ ~"I q,.(~~~~;-r,~:~ ';~ "tl ~'': 1::,,\~1~:~l t;to>"',,~ ,t ,.l\,~,,;-t~: ,..~: '"':'} ~f{lIt{: I tt" ~>~~ <~~ -~, )...~ ~t- W I ~, .i~ ;~~rf:.'Jfi '" ",:.1 :, ' ,': - ;' y -:', ;1,,\ I..:: ." <: ": ',.,l'-,,::i' I t:;':-f:: .~;!~~ f~, ..1 .',,;-:,.:':1'.... :.;k:, ;"1.. '\~.<;- ,<', ~', 't:!~: ~I ~: >}\";''';~'<'i;;~:~~' ,,"\:; ::d~~ . , I_ _ 1-~'\,. ~ ("1' '-< ~ ~y ~l.~,\ T, i:., x(.ftl ;. f~~}~\I"'~'_J~,c~~"7lLl~r, J-'...':t~i'-I _~:;:,~~/ ~ 'I ~~;~::-J...-"~}t~~'<--"\"'~"?;'I",,~1>/t~ .1f--',~~, ~.,'::.'l>~1 j."",.J.~~~tl: .l>1'''1'''~' ,_ . _ \' ~v.....~"" ;to,', ,I ('"1 .,~, ~r".J:, _",~-,li\.j ~ .~~"""-"i' ..."', ./ "",";...-'." J1-,~ ,,, ,_ ,~..::,.';;> ~<; < -~, ~ .. l~\ -~:::'~ I ->-"- ,~~ ~J'-('~-'-~ ,~.. -...,.I.:....&~~'I,.c--'..~:..t.\,..I'\,~.t'! '~"-1-'~~~~!,,(I~,..,,#l.,.:-'-.'\;'~:.;.i:'i'fl' \l"'/~ .j;$\-, ...,:>c~...,r,".f.'l ..~-<.-oH,~~~ i,. ~;}~~;;.. ~"'jt~t.! f<\~,"tl<\r~~~ '~'t,~...:~ ~.*:--""~J~::f-'i'_ <>-J;:~t,,:: -...,;"-'(--..>,.'. 'if,l, ,.y,,,~~:::,..,, )o,~~~',.-Y..~ !,~.r,.,;-' It ,t'-<- ~...".~ -:' ". _~,J:-;J'" ~ . " I'. I"" 2>.,,/,<,:,.j"",,;~;\I;;-... 1; 'r.~:;:':'.~..I"~' <~:..J;.;}':;,~,,'!'I ';~;':~,;;',~~:",,;'j:O'1 ..>::':"~,'; r'": ::L:;/:,~'. r~f"' I~ ~ .f. -,", .,. ....I....)'L'~^jtJ\~"",..,' "~?I \~~\".~~.. {'~~ ..../'::I...'l"...'~..."...t 1,$;"'1<:' .f"'~ \;.... -~~;-\,~_.:~~.;;-~-;-,f~/"''''' ,,f' ~t ~.::"'-~~.j~.~ lo II' ..",,,,- _ ~'.. ~~ ," ,w~~ ~. ~ t"-,--l:"'~~" /i- 'e. ",,",\.. ...../pi' ~~- .."tJ..,/'~,-;l~y ~'i'i; -..;--~~r"'~, ~,,~ ..~ -.,. I I I I -- ~ I " I" ;, '--. J ,~":r.~:.~., ;":../} ~~:I-,.."'~''':'O\. "\~~"}i},"'~>i-.v~ ,'..;....:\'; ''.~\~~"';:\,\,L.,<t}'-'''' "';:;~,;.~"..~ ~~.,..'J. f~~~-...,',~,f,--,:i>,"'.' t'<l(<~'\"'-~' _--.~ } ~' _ I" , ' 1"A >v '" , , ,~",~ --, ~.... ,,\ ,~) " ... ~, ~~ ;;;r I ," (,.1 -,. r~... "f "~~~..' ~:\I~~'~~~:: \I-~-:"~ '<....~~ ~\I,',)~,..5!r,: :<"'\ ~;-I - "-~(~, : ...~" ' ..."~, '\ ~ -'lI~ ..(f ~n"" "'~ - I- ... ~ '''~ ,,", --'>"" ~\..,F ~ ~ ~ ' > N ~>..., I ;. ,~" ~ }, ,', :1, ,:-~tE"f, .~,<",+:". '\'";i' " \. '~~-'.'~'I :.....,,;~/,,: '~,~::,'-.J.I' ;!, --:,'I'~ ',',. ~~~,::, I ")' ".t ","'A,I,I ?~i~"<f) ,,--,I~ ",;!:~""".'ll ~ ~..l,:<;." ~",/>..,;I"'~'/I ,~"j,..J......~~~ '~~)"I-IY1'~,o,:;;:~~---;> {,'~t.. ~ --::.j<. ~C,1. ~~ ,\ ,.' <~~ '"? ,,;' . <,.....-.. ..,.. "" -i" ,'....-:'-.;1,)" fl"'!: . ,.."'''' I I " ," 'I -'J" t ",;- ., " ;'>>;" " ,~~,pl ry' \" ~;~3', :1 ,<' ';.' ',' ). ,':',!~~C~ \~"1 ""-...~' ...t~j~.....,"t {':~~f:I:""- "'1~":"':-. ,-#~~:!;:~~; -'(',";s~l.~~~"'~ '...."..1/ ;/J,~~" -~~:" ,~::\\r: I '.' 'I ',", "', ':"', ,"'''''''''':'\ '{'~'I '1" ' ',',' ~; ~,.,,~~~,"'~~r-~ 'f~ >.., I I - ,,,,,\ I :. - - j~': ~~~ ~~... .. ~ ~'. ~-:...- I I, ,'", "/; '< ~ (I I " I :'-" .~\ " '. 'I ",_:: I, e" \ ,,'" \~ ... . ,~ " '~J ". f..~ ~ " J: "' ' ~ ""l"'.... J ~~ ~ ! , i ;;- I...:.:,'.;~.~:.;:' I . ~, . I, ,'.', ;', :: ' ~',;I ""'1 ",' '..'~ ;,~' I I i;, I ;~, ~:1 c ~.,~ J",,-.~ \. ' r " "";.....~ ~ J" .~ .' . l , ~ (....t \~ "< ---~.... i. -.,I \ '\- " Sports Complex Project Construction Cost Update April 1, 1998 u... . _ __ S- c../!. ~{L "L3" Summary Item Amount 1. Approved Change Orders (Schedule A) 1.1) CO #1 A) RetamIng Wall FIlter Fabnc and Crushed Rock (+ $2,800) B) UBC Fence Relocation (+ $2,250) ~ Total $ 5,050 2. PendIng Change Orders (ReqUIred) (Schedule A) 103 ~ 2.1) Concrete Columns at Lobby $ 2.2) Extra Reinforcing $ 962 2.3) CredIt for Dome FoundatIon ($ 14,523) ~ . 2.4) Long Span Roof Joint $ 5,274 ./ 2.5) Wall Chase - Room 103 $ 1,978 2.6) Concrete Columns $ 702 V 2.7) 2nd Electrical Transformer ($ 2,075) ~ 2.8) Precast Column ModifIcation $ 600 :/' 2.9) Dome Nettmg $ 5,857 ./ 2.10) Hardware Changes $ TBD ~ Total (Deduct) ($ 1,122) 3. PendIng Change Orders (OptIonal) (Schedule A) 3.1) Paint Top of BeamsIJoists $ 1,500 0 3.2) South Bleachers Underground $ 130,364 0 3.3) Concrete Floor under Ice Rink $ 84,388 0 3.4) Gas Desiccant in lieu of Electric Dectron Dehunudificahon $ 3.5) Larger Refrigerahon Equipment $ 58,330 " Total Change Order $ 4. Park & Ride (To be Pald by Others) $ 16G,J28 ~ /$~/2.J . ** To be approved this meeting, April 7, 1998 ** . City of .ater FFE Costs 4/3/98 . Code: R=Required D=Desired A=Additional Item # Code Assignment Item Function Approved 10/28/97 Final Cost 4/1/98 Donated 4/1198 Balance for City 4/1/98 , 51~-~ Olsen 'Ice Resurfacer - Gas (Note #2) . Ice Grooming -- $ 60,00000. $ 76,50000 $ 60,00000-- f- - -----:rs~00 00 ==:==--_~____~---- - ------- __-=------=--=-- -- - - ---~-_____=_=--__=_~=~-'=~~~__==~MI~\V~~i ~~Ine:. __ _ _~ __ -~~u=--= .j~-~-- _~_R-_ _. ______ J<::l'!_~99~~_ ____ _ _____lceC;;roomIn9--- _u _-$ _7,5000~_; __ $__== =---$ - --=-=~!50000 , ~,___-I I R -----\ , Hoses & Hose Reel Ice Maintenance _~~200 00 i $ _~__~l,50~_00_ ~- i--~-'- , -~.-----, . R I Engelking _'_Mlsc-~h()vels-_---- ___ _1<::e_M~!1~~nC'lnt?~-~~~_1,9qo 09 !===--== - TBD $-- ---~_(Ooo.o.o_ ______-----~Elnards-=-- __n -~ ---I--~-~ $ 500 00 -~Q----- ~~ Ace Hardware - - ------ --~---------~ ------- ~ ------~- -===- R :'_ _~r19ElI!<Jl19_ _~I~<::J3!~~"!'~/.t0()RS/~qUElElge~s:. J<:;e M~Ln~n~n<::e - .--------j- 500 00 _~2__ ~ _~~9l'!I!<_'_n9__J'al~~9 Eqlllpmen!...for IC~~~~ElU<::e ~alnter1Cl~<::e - - - - - - -- ------------- _T~Q___~_ _1!099Q~ Abbot Paint -- $ _1 !OO~QO Floor c.~a.n1~9Jv1ac~~~_ _Jv1~LnJ~~ance .1--.---b5QQ.QQ... -----~ -- $ _ 2!~00.Q~ D $ 1,00000 $--- - --1--- 100000 ----~-- --~~~-I---~---_._--~-~- ~-- --~ D Mlsc Maintenance Tools Maintenance _ _ __ _Safety @ Be~lIr!~c~~~()()!l1 $ TBD ----- _Ey~ Ass()clatll)n $ 500 00 ___Q_ _~~gelkIn9_ J:J~ W~s~ 500 00 -Computer & Mo-dem --- - -. - Remote monitoring an(j- T~ooo ------ $ ~- $ ----5,900_0.0_ :_~~ ~__-~:~c~-n~?iofJce_e-qu,p~~nt~~___=~= =-~~~=_:~=~==-~-' D ~-- --~~ - --------- ~- _ _~_~____~__ ___ ___c ~- --------- --------- -------- ----~ -- - - - - - - ,- --~- --- --- -~-~------ -----~-I--- ------- ,--~------------ -----~---~ ~--_.--.----------- -- ----~----~~-- -~-- -- ---- ~~--- $ 80,500.00 $ 76,500.00 $ 60,000.00 $ 37,000.00 Subtotal City of Stillwater FFE Costs 4/3/98 Code: R=Required D=Desired A=Additional litem # Code Assignment '=; Item Function Approved 10/28/97 Final Cost 4/1/98 Donated 4/1/98 Balance for City 4/1198 PrevIous Balance $ 80,50Q 00_ $ _ _76!50Q 00 $ 60,000 00 $ 37,00000 53 0 ____ ___,__ ~oft '[Vat~r_System Ice_maklng_ _, Rent - Rent $ R Goals & Nets ,_Ho<;key ___ Base Bid Base Bid $ R Horst Goals & Nets Soccer $ __3,qOq OQ _ TBO $ Stillwater Medical 3,000 00 o - --=' -_--_~ :-Goalilghts , -- _ For Hockey~=-- -- '$ 1,00900_______ _ _ $ $ 1,00000 _ __ _ -: :-=-,~ =_~ngelkJngI9Is~n~= Sc()r~ 13()(jrd (See -[lote #3 f --- -For_ Hock~y '- Main $ 5,000 00 $ __10,00000 $ 10,00000 $ St CroIx Ortho - 5-4-< -0-- --n--6JSen-~--- Score Board---- --- - _ Secondary_~ Soccer _ _ $ ___ Ji!OQO 00 TBD - --------- -- ~-~- - ~-- _~__, __ _ _ _g~J~lTarget $ _ _ 5,000 00 D Olsen Score Board For Soccer $ 5,00090 TBD -~-- CubIT arget $ 5,00000 D Count Down Clock for_ Hockey $ 750 00 $ $ 750 00 TBD D ----Horst--- -Count DownCfock For Soccer $ 750 00 $ $ 750 00 TBD =-_~_==~~ R - --Sealka ='=-S~9nage -- ---==~~~~- Rules .Cln~_SClfety ______ __ _ _ $ _ _ } ,000 00 TBO - ------ -- --- - - -- - HI-Tech $ 2,00000 ---- -- 1- _._____ u___ __ __ __ _ --- -- -. -- _ ",____ _ Subtotal ~ .--- $ 103,000.00 $ 86,500.00T-fu~00o.oo- $ -, U .,500~OIf ~ . City of &ater FFE Costs 4/3/98 . Code: R=Required D=Desired A=Additional Item # Code Assignment Item Function Approved 10/28/97 Final Cost 4/1/98 Donated 4/1/98 Balance for City 4/1/98 PrevIous Balance ---- _~_1Q~,oqq QQ_~_~~!~QO_QO__$ ___7Q,OOQ 00 ~______~4.50~Q~ I ==_A--1~~al~~ ~~a Seeera~on N_~ts I (Not~~) For Fieldhouse $ 30,000 00 $ --T-- - ---- --- - --~-- -----~--- 55 A -_.~-j I~~t!!ng C~9~Net~_!or ! Fle!dhouse i Golf t-!et for ,=-1~ldh~ll~~ J=or-':_Ie.l~h~use_ For Fieldhouse $ $ _~==--)__~~~J9~QQQ_QO 1 O,OQQ 00__ D ----I $ $ Base Bid ____ ~~_.___~___1_~__~___ --~-~---- TBD .J_ 3,00000 Q~ GI~n_ Cntry_<?llJ~_ ~ ----- __ _F~~FJe!~ho,:!~e--~--~--~~OQQ QQ == =g __' ~n9~lk!!1~_' Go!!} ~~ A!~~ _P~ds _H~~~.?lay~n{t SlJ!f~~e fo~ .-f.~~_llse in Ice Afl~!1a.O~ J:!~!~h.<:l~se Jt'!C?te #7) Fieldhouse $ 1 ~.!,75Q 00 A Olsen TBD _ L_--.--.!i~ .75~Q!L Ro~r:y:-~()I1~ _ _________ ___________1"13'2-___ __ ~ _____4,QOOO~ _____ ~1119~~o~___ ___ _____ 56 A Hors!_____ __ _~~~k~tball_ S!andards (2 pair) _ ___ _ _ _ ____ _ _ ___ _ _ ~ ____.i,QQQ 00 ~-~_Jl.~- ------ _"{<:llleYIl~1 St~nd~~d~(?~pallf _ ---- -- -- -_~~~ _ $ ___4!90~ QQ _ ~-=-____ $==--==--=-__ ____ ~ -_~~=~_ 4,~90 00 __? 7 ==- D -91~~n-_=_=_?oun~~y!>te'!l.:__PlJ~hl? t\ddress ___ ____ _ __ j_ 2Q!QOQ QQ_ ___ _ $ _ _2Q!QOQ__Q~ .-~-~~~--- --- _______ _ _ ____ ___ ____ ..?y~tern_ ___________ __ __ ____ ~ _ _ _ _ ____ ___________~o~e~!.F_<:lundatlon __-===-= Secunty_~ystem--- -- - - - - -- --- -- ---- -- Base Bid'=-- ~-=---_~=~ _~__==__=-=-_ $---~_-=-_-~-= R __ _~_ ()Isen __J"~!~ph.on~System - ---~----------- -~ - -- - - -- - -- --- - -- --- -------- ------- $ ___?~QQ:9Q_ _________ .$ ~.OOO 00 _$ Norwest Foundatlon- - - --- ----- ---- -- ---~---~----- ~ -- ~-- - - - ~ - - --------- - -- -- ---- - -- ---- --~- ---~-- - - - -- --- _Qr~~_~_<?ol1tr()L_____ _~~r.~~_'!!1~_~!(in~ar~~_ ~~,ooq_QQ_ _ D $ j==-- 2,Q9!LQQ_ Total $ 322,750.00 $ 86,500.00 $ 95,000.00 $ 219,250.00 City of Stillwater FFE Costs 4/3/98 Code: R=Required D=Desired A=Additional Item # Code Assignment Approved 10/28/97 Final Cost 4/1/98 Donated 4/1/98 Balance for CIty 4/1/98 Item Function ~----~--j --- --- ---~------ ----~--~--- $ 322,?50()Q ~$___.?6,?QOOO ~$__9?,00000 $ PrevIous Balance -5-8' --- -'15 _u -Sealka---'-Marker Boards-.--- ~ -.--For 4 Team Rooms-=-North $--1,000-06~- - ---.--- -- TBO-u -~ $ ~~ =-~= -~-- ~-~-~~=-_--=-'= ._-.~___=~ ~~ --~~ ~-~ -For_'(Tearn RO?ms----So~thi_~ _~ _ _1,OOO_()0 ~~__-~__ . --_-~ '_~~~_ __ _ $ ~=-=_-_~D- ~_~_Be~lka-=--=_11ob~by_Furnltu-"e~~~_--_~-__ _H__._ __ __ _ __ _$__~4,ooo6o - - _._~__ n.~_T!3D $ ------~ ---I--~------~--I -------~--- ~~._____.____ ______.___________.~___~_______j L ~_. _.~ --j ___!3~alka_l-g!fI'?~!lJrn~ture _ ____ ._~___ _, D~sk__=_Ch~lrs_~.~lles__ __~_ _$____ __4,gOO 00 . TBD - -- --- --- -- ----- --- Vern Stefan ----- ,- - ~ -- ---- ~~--,-------------- ~- -_.~-----~- --,------- ----.------- --- - ---.----<--- , D Ol~en___ _. _Off!~~ ~qlJlpment __ -=-~-=-=~=Comp_u~er_-_C()p'e~~~Pr'ntE:lri) --=~,Qgo_og~j =-_--=--=--=~-=~ )- 2:S0g- 06 $ Lakevlew ---., .-- ,-- - -- -----1 ._----------!------- -- -- ----- -.-- ---- ,- - - - ---- - --,---- ----- -- ---- - ,-- ---~----- - - - - - -_._--~~--- .----~--- ..--------- R Olsen i First Aid Kit -~ --,-~- --- - ~ -!--- -- --------,-- $ 1,00000 --~--I--~- -. ~ ,--------- $.__1,og9.90 Lakevlew 59 D - ~-- ----.------i~--- ----~--- Olsen CPR Kit $ 500 00 Lakevlew ~---- -~ -- - -~-1'-$---- ---50600 ,- ~--- ; .--- ~- ,- - -~ ------~- --- -- j~ ~ --- . .----.- -' ----- --- ~ _.- --- - $ 500 00 500 00 Lakevlew $ D __Dlsel1_ __-i__~mE:lrgen.'?y)3ack_ ~oar~ -- .---~----- ------.-------- -- - -- --. -----~- - -- _ ~19,250 00 1,00000 _1 ,goo 00 4,00009 _ $ 4,00000 _ _1,50000 $ $ $ _~.___ _ -------I--~-~-~--~~--I-------~-~ - --.------1-----~---.------~ __R____!:l()rs~J~nlt()~~L.ancJ._Maln.tenan.l::e_________ __ ___ _ _n L____!!gQOOO___ __ ____.____ ___JE3[) __ ~ L _ ___1,gOOOO ___.______~__:-Sll~el~~~-------~ ____ ___ __ ___ ___________________KI119wo()~___ D Horst I Concessions EqUipment ---.------------~ -~~~----------- - - ~-- - - - -- ----- ~-- - ---~-- -- - - - ~- --------- _ _ __ __.__ ~__ 25~gQ_g() _ __n ______ _n_ _ JBg__~_ _f ~ _ j~,QOO O~- .__ ___ _ ___ ___ __ ~_ __ _ _ ______. __ _ __ pepsI. __ _ 1----------------- ---- __.u___ I ,- --------- ----- ---- --- - - -- -- --~- -. --- -----.----- - ~--- ~-- --- --- D Horst Vending - Dnnk - Food ---..------- ----1--~- - -- ___n_ -- _ ___ __ _ ____~ _. ~ __ _ __ __ $ __1~,90000 _ ._. . TBD __ ___________ __ ___ _______ __ _____ __ _pee~I~_. $ 13,OOg 00 __=-~-~-==-=) 1 !QQO~QO~_~_~~_-~_-_ -=-_:: = --= -rBg ~-=-~_ -$ -- - -- -----~(66o--0-o St CroiX Bike __ ~_ ___E3~lk~_ _Skat~Sh~rpe!11n9__.______ 510 -- - - ---- -- 511- -.~-- Mlsc $ ------------ - ----- --- -------- -~--------- ------ ~----- -iOtaT($312~OOO) -- -- . _u __nn_____ - -.-~ -$-378,75000 $ $ $ 99,500.00 -$- -- --~ 86,50000 $ ... . City of saater FFE Costs 4/3/98 .-- Code: R=Required D=Desired A=Additional Item Approved Final Cost Donated Balance for City # Code Assignment Item Function 10/28/97 4/1/98 4/1/98 4/1/98 REMARKS: 1) FFE Budget approved was $312,000 00 on 10/28/97 FFE Items listed above equals $378,750 00 We believe that City deducted donated Items through 10/28/97 as follows 1 1) Total FFE $ 378,750 1 2) Deducted Donations A Midwest Spine (Zambonl) $ (60,000) B St CroiX Orthopaedics (I scoreboard) $ (5,000) C Unknown $ (1,750) Total $ 312,000 2) Mike Polehna IS checking with NSP for rebate on Electric Zambonl 3) Might need 2nd Scoreboard In the Ice Arena St CroIx Orthopaedic will purchase 2 Scoreboards for "Not to Exceed" $10,000 4) SAHS Just purchased a batting cage "Taco" Bealka will have a preliminary diScussion with School Officials on their Interest In relocating the batting cage to the Sports Complex 5) St CroIx Bicycle & Skate Shop might relocate to near the Sports Complex They have pledged $5,000 Should we compete? 6) Transferred Area Separation Nets to General Construction Costs 7) Can purchasing the Hard PlaYing Surface for Fieldhouse be delayed? ~-- ...::::.. -~.:- -:;c~~ - -- , - - ----. -.,-,~~-- 'I-f(------- --~-"- --.:;;- - - / /S--- -,,' -1fJ----~t ~.~.T --=vll-~L "'0""'" ,t.. 'U'CO'NG-:1~..Jq<.. ~l' G.L GENERAL ESTIMATE :::~:A:: NO . - COW'ON~fi::~~F m'"m.,gk~ cX-5~. ARCHITECTS .s:!::-"-.:i.-a..-.- ~ a-r- 4 CHECKER SUBJECT C -jC~~ O~E:..A- rr CATE EXTENSIONS E.x-ENSION5 - ....CT,.\L UNIT TOTAL. ESTlMATEO ESTtMATEC PRIC!5: MA-EJltIAL COST Qu~NTTTY M'T'L. ... . T' T I UNIT pqlC~ LASO" TOTAL. 5tSTIMATS,O L..ABOR COST ::)ESCRIP'TION OF" WORK NO P'EC~S DIMENSIONS -- c:z.f2.~~~,' J~4 · ~ ~A-~~- r 7" f , -.. + + .... ~ /) e2.J - 3) \ ( 114-3D2. )( :21) - 3+~b ,.. - . - ~ , I - - . ! I I ---., ...... I I - ... - ------ - - -- - --- ---- - - - - .J~oJt-Lr + ... - + I I ... -+ .-- -...-- I I ~~ :!;i~*- . To~- .s~~t~~- G u1; .1 ~~ . ~ _ .3 ? . . 970 /33tJ 0 / 0 'l-4-B8 S..3 fo.J .;2~~t~: -. . ~<G:~;LI ~ - I -----------~---------__t- ' '~' -- I J . ___ __________~__ __ _____ 1 _ _ 1_ _ __ _____.-L- - -- ----,... - I I , ... -- ---+-- I , ~ -- , ...-..----- "'''AHM lit WALK.lIt co ~U.1...I~"II"'S CW'CACO . To: From. Re: 1. . 2. 3. 4. JIll/Sf:- $,c "'~ . St CroIx Valley CommiSSion Rich Cummmgs Michael Polehna Dick Olsen St. Croix Valley Sports Facilities Commission Update #2 4/1/98 Susan Engelkmg - Glenda NordqUIst - Sue Truhler - Mike Polehna - RIch Cummmgs - Gary Funke - Bill Hanulton - Kevm Horst - Gene "Taco" Bealka DIck Olsen St. CroIX Sports Facility ComnussIOn South Side Locker RoomfBleachers - Chair: Mike Polehna 1.1) Cost IS $130,346 to do underground. 1.2) Council to make deClsion on Tuesday, Apnl7, 1998. 1.3) No achon IS recommended unbl council makes Its decISIOn on April 7, 1998. FFE List - Chair: Susan Engelking 2.1) Met February 11th. Estabhshed procedures and made assIgnments. 2.2) Follow up meehngs on Wednesday, Apnllst. A) 50% complete. Favorable results to date. 2.3) Next meehng to be Wednesday, Apnl15 at 8.30 AM. Boat Cruise - Chair: Gary Funke 3.1) Tentahve date: August 17,1998. 3.2) Gary & Sue Truhler (Hockey Moms) and DIck Olsen will meet by Apnl17th to organIZe cruIse and estabhsh hcket sellmg teams etc. Exterior Ice Refrigeration - Chair: TBD 4.1) No achon - waIhng for Hockey Assoc. to be named. 4.2) Step #1 is for the CIty and the Hockey Assoc. to agree m prmClple on requuements. Construction Items - Chair: Dick Olsen 5.1) Wcuhng for archItects to clanfy extend of SIdewalks and specmcahons for carpet, mtenor room SIgnS and exterior SIgnS. 5.2) Will take achon when #5.1 IS completed. .closure: 5. COmmlSSIOn Members Drrectory cc: Steve Russell Nile KrIesel POBox 903, Stillwater, MN 55082-0903 St CroIx Valley Commission RIch Cummings . Michael Polehna Dick Olsen St. Croix Vallev Snorts Facilities Commission 2/18/98 Name A"-~re~~ Citv State Zio Home # Business # SPORTS COMPLEX COMMITfEE MIke Pohlena 1100 Northland Ave. Stillwater MN 55082 439-8952 731-3851 RIch Cummmgs 1060 Amundson Dr. Stillwater MN 55082 439-6539 349-4858 Susan Engelkmg 1220 NIghtengale Blvd. Stillwater MN 55082 439-3012 . 526-6422 (pager) Gary Funke 1605 W. Pme St. Stillwater MN 55082 439-0863 BIll Hannlton 901 Eagle RIdge Tratl Stillwater MN 55082 439-4165 (Hockey Boosters) DIck Olsen 1902 S. Greeley St. Stillwater MN 55082 Glenda Nordquist 1545 Queens Ave. S. St. CroIX Beach MN 55082 436-7561 (Hockey Moms) Kevm Horst 400 Tanglewood Lane Marine MN 55073 433-2317 773-4391 Sue Truhler 430-2629 (Hockey Moms) Gene "Taco" Bealka 711 Lake Dnve Stillwater MN 55082 439-4387 Ex -OffiCIO Steve Russell (CIty of Stillwater) 216 N. 4th St. Stillwater MN 55082 439-6121 . P.O Box 903, Stillwater, MN 55082-0903 - '.t . REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-7 March 17, 1998 7:00 P.M. The meeting was called to order by Mayor Kimble Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Drrector Russell City Engmeer Eckles Administration Secretary Holman Press: Julie Kink, Courier Mark Brouwer, Gazette APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Bealka approving the minutes of the March 3, 1998 Regular Meeting. All in favor . PETITIONS. INDIVI))UALS. DEJ.,EGATIONS & COMMENDATIONS MotIon by Councilmember Cummings, seconded by Councilmember Thole approving the proclamation presented Sarah Houge, 1997-98 Miss Deaf Mmnesota, supporting her efforts to become Miss Deaf America. All in favor. ST AFF REPORTS Finance Director Deblon reported that the City of Stillwater has a capitahzatlOn threshold of $200 for fixed assets purchased. She explained that the Government Finance Officers Association recommends the following guidelmes m establishmg capitalizatIOn thresholds for fixed assets: 1) 2) 3) 4) 5) . Fixed assets should be capItalized only if they have an estimated useful life of at least two years following the date of acquisition. Fixed assets capitalizatIOn thresholds should be apphed to individual fixed assets rather than a group of fixed assets. Capitahzation thresholds should be designed to encompass approximately 80 percent of government's total non-infrastructure assets. A government should not estabhsh a capitalizatIOn threshold of less than $1,000 for any individual item. Governments should exercise control over their non-capitahzed fixed assets by establishing and mamtaimng adequate control procedures at the department level Ms Deblon suggested that the City modify their pohcy to include these guidelmes. J CIty CouncIl Meetmg No 98-7 March 17, 1998 MotIon by CouncIlmember Thole, seconded by CouncIlmember Bealka approving modIficatIOn of the. policy for capitalization of fixed assets to include the guidelines as recommended by the Government Fmance Officers AssociatIOn. All m favor. Finance Duector Deblon also reported that the Center for Energy and Envuonment (CEE) performed an energy audIt for the LIly Lake Ice Arena as part of the MN Ice Arena Energy Improvement Program and Northern States Power Local Government Program A 50% grant from the State of Minnesota IS aVailable for energy Improvement measures WIth a payback between two and ten years There were six improvements recommended in the energy audIt Three of these 11llprovements qualIfy for the grant and total $9,906.00. The other suggested Improvements are not eligible for grant funds, but would reduce energy costs. MotIOn by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-73 approving the application for the grant funds on the three improvements that qualify and directing staff to obtam quotes on the other suggested Improvements and return to CouncIl with a recommendation All in favor Commumty Development DIrector Russell gave an update on the downtown parkmg program. The program will be run by Impenal Parkmg and be operated from May 15 to October 11 during the hours of 9:45 a m. to 9'45 pm, Monday through Saturday and 9 45 a.m. to 5 45 p.m , Sunday. A more relIable machine that takes up to $20 bills and makes change WIll be used and two tIcket booths will be set up at the two parking lots. The booths WIll be attended Fnday, Saturday and Sunday dunng peek times. Mr. Russell requests that Council approve the revIsed. 1998 Downtown Parkmg Program. Karl Ranum from the Downtown Parkmg Commission also reported that the CommIssion has met several times to discuss the issues, complamts, and success of the program in its first year and feels that these Ideas would greatly improve the program. MotIOn by CouncIlmember Thole, seconded by CouncIlmember Cummings approvmg the 1998 Downtown Parking Program. All in favor Community Development Duector Russell also presented mformatIOn regardmg purchase of the Burlmgton Northern and Santa Fe Railway Company land immediately west of Lowell Park by Mulberry Point. Catellus Management CorporatIOn has agreed to sell thIS land for $65,55000 to the City. In additIOn, the CIty could purchase the property west of PD Pappys and east of the Desch Buildmg for an additional $53,590 The total purchase pnce would be $119,140 The purchase of both these propertIes would complete the Downtown Area Plan The City has aVailable $68,000 from the Elmore Lowell Trust to put toward thIS purchase MotIon by Councilmember Thole, seconded by Councllmember Cummings to adopt Resolution 98-72 authonzmg the City to enter mto an agreement with Catellus Management Corporation to purchase both of the Burlmgton Northern and Santa Fe Railway properties and to use the funds avaIlable from the Elmore Lowell Trust as a source of fundmg Ayes CouncIlmembers Zoller, Thole, Cummings, Bealka and Mayor KImble. Nays None. . 2 . . . . CIty CouncIl Meetmg No 98-7 March 17,1998 CONSENT AGENDA* MotIon by Councilmember Thole, seconded by Councilmember Cummmgs approving the consent agenda All in favor. 1 Resolution 98-62: Directing Payment of Bills 2. Hang banner Aug. 28-Sept. 13, St. Mary's Church Wild Rice FestIval 3 . Waiver of garbage and collection charges, Application No. 98-1 4. 1-4 day temporary on-sale liquor license, Valley Chamber Chorale, April 24-26, 1998 5 Resolution 98-63: Purchase of cargo van from Brookman Motors - Parks Dept 6 Purchase of two radar units, one protectIve vest, and five "stop stIcks" - Police Dept. 7. Resolution 98-64: Approving abatement of assessments 8 Resolution 98-65: Approving abatement of assessments 9 Resolution 98-66: Approving abatement of assessments 10. Exemption from lawful gamblIng lIcense - Church of St. Michael, July 18, 1998 11. 1-4 day temporary on-sale lIquor license, Church of St. Michael, July 18, 1998 12 Purchase of fax machine - Finance Dept. 13. Contractors Licenses: Gabler Bros. Painting, Stillwater, Timberline Tree Service, Lake Elmo, Thermex CorporatIOn, St. Louis Park PUBLIC HEARINGS 1. Case No. SUB/98-9. This IS the day and time for the public heanng to consider the resubdivIsion of Lot 6, Block 14, Holcombe's AddItion lying easterly of a line that begms on the north Ime of Lot 6 distant 14.95 feet westerly of the northeast comer to a pomt on the south Ime of Lot 6 distant 16.51 feet westerly of the southeast comer Timothy 1. Freeman, Folz, Freeman, Dupay & Associates, Inc., representing James Finnegan, 819 West Anderson Street, ApplIcant. Notice of the hearing was placed in the Stillwater Gazette on March 6, 1998 and mailed to affected property owners. Community Development Director Russell reported that the existing house was constructed on the property lme 50+ years ago. The request IS to move the western property line 14.95 feet farther west. The new lot will be approximately 7750 square feet The Mayor opened the publIc hearing There were no requests to be heard. The Mayor closed the public hearing. Motion by Councllmember Thole, seconded by CouncIlmember Bealka adoptmg Resolution 98-67 approving the resubdivision of Lot 6, Block 14, Holcombe's Addition Ayes Councllmembers Zoller, Thole, Cummmgs, Bealka and Mayor KImble Nays. None "'I .) City Council Meetmg No 98-7 March 17, 1998 2 Case No. SUB/98-12. This IS the day and time for the public heanng to consIder the A resubdivisIOn of Lot 5, Block 14, Holcombe's AddItion lymg easterly ofa Ime that begms on th~ north line of Lot 5 distant 12.15 feet westerly of the northeast comer to a point on the south Ime of Lot 5 distant 1562 feet westerly of the southeast comer. Timothy 1. Freeman, Folz, Freeman, Dupay & Associates, Inc., representing Mark McGrorty, 813 West Anderson Street, applIcant NotIce of the hearing was placed m the StIllwater Gazette on March 6, 1998, and maIled to affected property owners. CommunIty Development DIrector Russell reported that the eXIstmg house was constructed on the property Ime 50+ years ago The request IS to move the western property Ime 12 15 feet farther west The new lot WIll be approXImately 9600 square feet. The Mayor opened the publIc hearing There were no requests to be heard. The Mayor closed the publIc heanng MotIon by Councilmember Thole, seconded by Councllmember Bealka adoptmg Resolution 98-68 approving the resubdivisIOn of Lot 5, Block 14, Holcombe's Addition Ayes Councllmembers Zoller, Thole, Cummings, Bealka and Mayor KImble. Nays' None . 3 Case No SV/98-13 This IS the day and tIme for the public heanng to consider the vacation of the east half of South Everett Street bounded on the north by the south Ime of West Anderson Street and bounded on the south by a line from the southwest comer of Lot 6, Block 14, Holcombe's AddItIOn to the west line of said Lot 6 Timothy] Freeman, Folz, Freeman, Dupay & AssocIation, Inc , representing Tom O'Bnen, 823 West Anderson Street, applIcant Notice of the heanng was placed m the Stillwater Gazette on March 6, 1998, and mailed to affected property owners. Commumty Development Director Russell stated that the proposal IS to vacate the east half of South Everett Street. The request is to extend the property located at 823 West Anderson Street 20 feet to the property line. The CIty Engmeer has revIewed the request and recommends that the property be moved 10 feet to the west of the existing property Ime. The other 10 feet would become 5 feet of nght of way and a 5 foot easement Russell requests approval of the request as recommended by the City Engmeer The Mayor opened the publIc heanng There were no requests to be heard The Mayor closed the public hearmg . 4 . . . CIty CouncIl Meetmg No. 98-7 March 17, 1998 Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 98-69 vacating part of platted South Everett Street. Ayes: Councilmembers Zoller, Thole, Cummmgs, Bealka and Mayor Kimble. Nays. None UNFINISHED BUSINESS 1. Second reading or Ordinance No. 841 relating to the sale, possession, and use of tobacco, tobacco products and tobacco related devices (first reading July 15, 1997) City Attorney Magnuson explained that this IS the final draft of the tobacco ordinance This draft has been changed to eliminate the provision prohibIting employees under eighteen years of age to make sales. The provision on ImmedIate hcense revocation was changed to provide that the license can be immediately revoked if a felony is committed on the prerruses by a licensee was modified to make it clear that the felony would have to be committed by the licensee. Mr. Magnuson also explained that there was come concern over vending machines not being allowed in bars. It was decided that if a bar is willing to sign an agreement stating that minors are prohibited from entering at all times, they would be able to keep the vending machines. Motion by Councilmember Thole, seconded by Councilmember Zoller approving Ordinance No. 841 relating to the sale, possession, and use of tobacco, tobacco products and tobacco related devices in the City and to reduce the illegal sale, possession and use of such items to and by minors as amended. All m favor 2. Long Lake woodland protection efforts and review of open space program. Community Development Director Russell stated that the Echo Green property is no longer offered for consideration for purchase. He also stated that an Ad Hoc Open Space Committee has meet several trmes to discuss the woods and open space issue. They have put together an open space program for Council review Russell summarized the program. After some discussion it was deCIded that two elements would be removed from the program, item #3 -increasing open space interest on the Parks Board and Item #6 placmg an open space referendum on the ballot to establish an open space fund MotIOn by Councilmember Thole, seconded by Councilmember Bealka approving the Stillwater Open Space Program WIth the exception of Items # 3 and # 6 All in favor. Recessed at 8.20 p.m. Reconvened at 8:35 NEW BUSINESS 1 Request for participation in Federal Home Program administered by Washington County HRA. Community Development Director Russell reported that in order to continue partICIpation in the Federal HOME Program, the City needs to authorIze Washington County HRA to admInIster the program for the City. 5 CIty Council Meetmg No 98-7 March 17, 1998 Motion Councilmember Thole, seconded by Councilmember Cummings approving Resolution 98-70 authorizing the execution of a joint powers consortium agreement, authorizing Washington County HRA to administer the program for the City. . Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays None. 2. Lease extension for MInnesota TransportatIOn Museum for use of Engme No. 328 Motion by Councilmember Cummmgs, seconded by Councilmember Bealka tabling dIscussion of the lease extension agreement for Minnesota Transportation Museum until better language is included for return visits to the City of Stillwater by Engine #328 to the City All in favor. 3. New gambling premises permit at Trumps Bar & Grill- Outreach Six Acres, applicant. Mayor Kimble stated that Outreach Six Acres IS applying for a gambling premIses permit to sell pull tabs at Trumps Bar and Grill. Their mtent is to assist people with specialized needs in the local community in which the funds were raised The gamblmg profits wIll be used to benefit local charities in the City of Stillwater Motion by Councilmember Bealka, seconded by Councilmember Thole accepting Resolution 98-71 approving a Minnesota gambling premises permit for Outreach Six Acres at Trumps Deluxe Grill and . Bar, 317 S. Main Street. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor KImble. Nays' None. 4 DIscussion of future Public Works orgaruzation structure and appointment of temporary street leadworker. City Engineer Eckles discussed the possibility of reorganizing the Public Works Department. With the retirement of George Diethart there IS an immediate need to provide additional oversight of the Street Department. Mr. Eckles stated that staffhas been considering two short-term solutions 1) informal changes in the relationship between Parks and Pubhc Works and 2) promotion of a current Public Works employee to the position of Leadworker. Because a description of this position has not yet been completed it may be necessary to temporarily assign addition duties to one of the Street Department personnel until such time a formal job description and mterviews for the positIOn can be completed Motion by Councilmember Thole, seconded by Councilmember Cummings directmg staff to develop formal job descriptions and duties for the new position of Streets Leadworker and authorizing staff to assign additIOnal duties along WIth additional pay as appropriate All in favor COUNCIL REOUEST ITEMS . Mayor Kimble reported that Council met with the Library Board to discuss issues regardmg the needs of the Public Library. 6 . . . CIty CouncIl Meetmg No 98-7 March 17, 1998 Motion by C\>uncilmember Thole, seconded by Councilmember Zoller directing staff to coordmate and particIpate on a task force to develop programs to resolve library issues (i.e. parking and building repaIr maintenance). All in favor I Councilmember Bealka requested that staff mvestIgate the cost and procedure for becoming a member Of the National League of Cities and return to Council with a recommendation Mayor K1Inble stated that Chris Baldus, Managing Editor of the Stillwater Evening Gazette requested! that staff periodically write informational artIcles for the newspaper regarding City proJects, issues, etc. in an effort to maintain better communication with the citizenry Motion by Councilmember Cummmgs, seconded by Councilmember Zoller directmg staff to periodIcally write informational articles for the Stillwater Evening Gazette. All in favor. STAFF REPORTS (continued) Legislative Consultant Cain updated Council on various issues before the Legislature this session. Some of these issues mclude the prison wall reconstruction project, the Perro Creek flood project included in the Bonding Bill and the Federal ICETEA Bill. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilrnember Thole to adjourn at 9: 14 p.m. All in favor. Mayor Attest: City Clerk Resolution 98-62: Directing Payment of Bills Resolution 98-63: Purchase of cargo van from Brookman Motors - Parks Dept. Resolution 98-64: Approvmg abatement of assessments I Resolution 98-65: Approving abatement of assessments Resolution 98-66: Approving abatement of assessments Resolution 98-67: Approving the resubdivlSlon of Lot 6, Block 14, Holcombe's Addition Resolution 98-68: Approving the resubdivision of Lot 5, Block 14, Holcombe's Addition Resolution 98-69: Vacating part of platted South Everett Street. Resolution 98-70: Authorizing the execution of a jomt powers consortium agreement, authorizing Washington county HRA to administer the program for the City. Resolution 98-71: Approving a Minnesota gambling premises permit for Outreach Six Acres for Trumps Deluxe Grill and Bar, 317 S Main Street. Resolution 98-72: Authorizing the City to enter mto an agreement with Catellus Management CorporatIOn to purchase the Burlmgton Northern and Santa Fe Railway property and the adjacent property and ~o use the funds aVaIlable from the Elmore Lowell Trust as a source of fundmg. 7 ~ , . . . RESOLUTION NO. 98 - 74 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $372,945.18 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file III the office of the City Clerk and may be inspected upon request. Adopted by the Council this 7TH day of April, 1998 Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk / LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-74 Accountemps Temp. Services ActIon Rental Storage Space Rental Admed Drug Testing Allen, Bradley ORE Evaluations American Payment Center Box Service Amoco Gasoline AmoteklLUSA Chair & Credit Ankeny Kell ArchItects Professional ServIces Barnes & Noble 97 Office Books Bealka, Gene Expenses Best ImpressIons Shipping Capital CommunicatIon Siren Repair Car Quest Auto Parts CA TCO Exhaust Parts COW Printer Switch Chemsearch Aerosol Shop Supplies Clarey's LaborlRope Comp USA Computer Supplies Courier 2-98 Newsletter CroiX Oil Company Oil for shop CY's Uniforms Umforms Desch Mark GlOria Parking Lease Maintenance Drummond America Paint Stripper Eagle POInt Software Software Earl F Anderson Signs Ecolab Pest Removal Empson Archives Professional Services Express Photo Feb 98 ProcessIng FBI/Leeds Meals, Lodging, Class Reg FIre Instructors Assc of MN Student Manual Gannon's Auto Body 93 Chev repair Global Center Intemet Access Goodwill Jan 98 ADC & March 1998 Gopher State Feb Calls Gordon Iron Iron for dump truck Government FInance Officers Investing Public Funds Government Training Services Reg Chapter Seminar Grafix Shoppe Lettering strip H C Cleamng Dally Cleaning Hapel, Jerry ProfeSSional ServIces Hawk Labeling Systems Labeling Tape Heritage News Letter bulletIn ICBO Sports Complex ICBO Subscription Imaglneerlng Networking ITP Education C/O Delmar Shippmg J H Larson Light Bulbs Johnson, Ronald Concrete Dog Junker SanItatIon Garbage Services/Bags Sold ~ ~ 2,187.63 135 00 156.00 5788 7800 3,329.03 145 27 41384 155.02 4264 1462 3000 614.15 31 83 5299 111.58 1,945.13 124 52 560.86 214.97 2,990.51 979 65 224.26 725.00 1,707.02 21 9 36 2,000.00 1309 700.00 828 43 226.78 55.71 670 98 54.25 9798 5959 60.00 1598 3,381 28 915.00 83.94 1,092 00 8,800.49 70.00 957 80 11.67 362.57 7982 180,799 94 . . . , " Kriesel, Nile meals 239.75 Labor Relations Consultant Services 1,720.50 Lacal Equipment Sweeper Parts 1 ,393.13 . Lakeland Ford Turn Signal 66.14 Larson Allen Weisher Annual Audit 4,875.00 League of MN Cities 2 Qtr Installment 15,291.75 Lind, Glady's Principal 927.00 Lumber Jack Days Contribution 21,000.00 M.J. Raleigh 4th Street Ravine 33,134.28 M.P P.O.A. Class Registration Dauffbach 35.00 Menards Phone wire & lumber 367.46 Metro Chief Officers 1998 Membership 60.00 Metropolitan Council SAC Charges 950.00 Mld-Amenca Printer Trays 97.96 Minnesota Bookstore Pub I Binder Pub 168.15 Minnesota Society of CPA's Annual Dues 105.00 Minnesota State Treasurer State Exam Fee 70.00 MN Dept of BCA Training Class Registration Roettger 80.00 Nelson, Keith Pipe 6.42 Northwestern Tire Tire Repair 22.85 Norwest Bank refund 100 00 Office Max 91876 Chair 212.99 P.O.S.T. Board License Renewal 585.00 Parts Association Inc Washer & Snap Rings 94.04 . Pitney Bowes Mail machine 135.79 Polar Chev Warranty Deductible 74.45 Police Institute Class 2-26-98 9000 Pony Express Reloaders Ammunition 475 26 Program Dev of U of M Seminar 100.00 Roettger Welding Bars for sweeper 40.00 Sand Creek Employee Assistance 1,400.00 Secom Siren Speaker 233.24 Short Elliott Hendrickson Review Plans 569.32 Shorty's Feb Laundry 37.06 St. Croix Car Wash 7 squads washed 31.43 St. Joseph Equipment Parts Case loader 173.64 St. Paul Pioneer Press Receptionist Ad 217.80 State Building Inspector Charges 1,750.08 State of MN Bookstore Laws & Rules 259.61 Streicher's Outershell-vest 5590 Teltronix Networking 240.00 Thompson Hardware Hacksaw Screws Fuses 63.79 Tower Asphalt 1.89 Tons UMP 427.77 Transportation Components Brake Pads 61.59 Treadway Graphics Misc Dare Supplies 393.04 Trust-X Fire Extinguishers 478.72 . Viking Office Products Office Supplies 159.85 Volt Temp Services 2,092.50 Volunteer Fire Fighter Renewal 999.00 Watson, Dennis Services 330.00 Weldon, Morli Lodging meals mileage 373.13 ~ Wybrite Cleaning 560.00 J MARCH MANUALS Bealka, Gene Travel Advance 200.00 Duluth Convention & Visitors Housing Deposit 623.00 . Harrison, Sharon Fax Machine 298.14 Kimble, Jay Travel Advance 200.00 League of MN Cities Conference Registration 2,002.00 MGIA - Wisconsin Chapter Class Registration 175.00 The Madison Hotel Housing 1,368.00 The Packaging Store Ship Camera for Repairs 56.93 U.S. Postal Service Postage 3,000.00 ADDENDUM Airtouch Cellular Cellular Phones 116.13 AT&T Phones 4.42 AT&T Wireless Cellular Phones 305.35 Blue Cross/Blue Shield Premiums 11,133.02 Gateway 2000 Computer 1,770.04 Jansens Cleaning Service Maintenance 1,141.94 Johnson, Ron Supplies 31.92 Legislative ASSOCiates Consultant Services 6,275.00 Magnuson, David Legal Services 14,499.58 NSP Gas/Electric 12,749.74 Stop Stick Racks 1,869.10 Reliance Electric Motors Pump Repairs 268.50 . U. S. West Phones/Long Distance 2,847.92 Total Due: 372,945.18 Approved by the City Council this 7th Day of April, 1998 . . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-74 Accountemps Temp ServIces Action Rental Storage Space Rental Admed Drug Testing Allen, Bradley ORE Evaluations Amencan Payment Center Box Service Amoco Gasoline Amotek/LUSA Chair & Credit Ankeny Kell Architects Professional Services Barnes & Noble 97 Office Books Bealka, Gene Expenses Best Impressions Shipping Capital Communrcatlon Siren Repair Car Quest Auto Parts CA TCO Exhaust Parts COW Pnnter Switch Chemsearch Aerosol Shop Supplies Clarey's LaborlRope Comp USA Computer Supplies Couner 2-98 Newsletter CroiX 011 Company 011 for shop CY's Uniforms Unrforms Desch Mark Glona Parking Lease Maintenance Drummond Amenca Paint Stripper Eagle POint Software Software Earl F Anderson Signs Ecolab Pest Removal Empson Archives Professional Services Express Photo Feb 98 Processing FBI/Leeds Meals, Lodging, Class Reg Fire Instructors Assc of MN Student Manual Gannon's Auto Body 93 Chev repair Gazette Publications Global Center Intemet Access Goodwill Jan 98 ADC & March 1998 Gopher State Feb Calls Gordon Iron Iron for dump truck Government Finance Officers Investing Public Funds Government Training Services Reg Chapter Seminar Graflx Shoppe Lettering stnp H & C Cleaning "" Dally Cleamng Hapel, Jerry ProfeSSional Services Hawk Labeling Systems Labeling Tape Hentage News Letter bulletin ICBO Sports Complex ICBO Subscnption Imagining Networking ITP Education C/O Delmar Shipping J H Larson Light Bulbs Johnson, Ronald Concrete Dog . . $ 2,18763 135 00 156 00 5788 7800 3,32903 14527 41384 155 02 4264 1462 3000 61415 31 83 5299 111 58 1 ,945 13 124 52 560 86 21497 2,99051 979 65 224 26 725 00 1,70702 219 36 2,000 00 1309 700 00 828 43 226 78 1 05 94 5571 670 98 5425 9798 5959 6000 1598 3,381 28 915 00 8394 1,09200 8,80049 7000 957 80 11 67 362 57 7982 Junker Sanitation Knesel, Nile Labor Relations Lacal Equipment Lakeland Ford Larson Allen Welsher League of MN Cities Lind, Glady's Lumbar Jack Days M J Raleigh MPPOA Menards Metro Chief Officers Metropolitan Council Mld-Amenca Minnesota Bookstore Minnesota Society of CPA's Minnesota State Treasurer MN Dept of BCA Training Nelson, Keith Nile Knesel Northwestern Tire Norwest Bank Office Max P 0 S T Board Parts Association Inc Pitney Bowes Polar Chev Police Institute Pony Express Reloaders Program Dev of U of M Roettger Welding Sand Creek Secom Short Elliott Hendnckson Shorty's St CroiX Car Wash St CroiX Office St Joseph Equipment St Paul Pioneer Press State BUilding Inspector State of M N Bookstore Stelcher's Teltronlx Thompson Hardware Tower Asphalt Transportation Components Treadway Graphics Trust-X Turning POint Viking Office Products Garbage Bags Sold meals Consultant Services Sweeper Parts Turn Signal Annual Audit 2 Qtr Installment Pnncipal Contnbution 4th Street Ravine Class Registration Dauffbach Phone wire & lumbar 1998 Membership SAC Charges Pnnter Trays Pub I Binder Pub Annual Dues State Exam Fee Class Registration Roettger Pipe Expenses Tire Repair refund 59497 91876 Chair License Renewal Washer & Snap Rings Mall machine Warranty Deductible Class 2-26-98 Ammunition Seminar Bars for sweeper Employee Assistance Siren Speaker Review Plans Feb Laundry 7 squads washed Supplies Parts Case loader Receptionist Ad Charges Laws & Rules Outershell-vest Networking Hacksaw Screws Fuses 1 89 Tons UMP Brake Pads Mise Dare Supplies Fire Extinguishers Chair Office Supplies 180,799 94 239 75 1,720 50 1,48369 6614 4,875 00 15,291 75 927 00 21,000 00 33,134 28 3500 367 40 6000 950 00 9257 168 15 105 00 7000 80 00 642 239 75 2285 100 00 21299 585 00 94.04 1,77057 7445 9000 475 26 100 00 4000 1 ,400 00 233 24 569 32 3706 31 43 805 45 17364 217 80 1,750 08 259 61 5590 240.00 6379 427 77 61 59 393 04 478 72 660 53 15985 . . . . . . Volt Volunteer Fire Fighter Watson, Dennis Weldon, Morll Wybnte Temp Services Renewal Services Lodging meals mileage Cleaning 2,092.50 999.00 330.00 373.13 560.00 RESOLUTION 98 - 75 RESOLUTION ESTABLISHING LIBRARY TRUST FUND WHEREAS, the Stillwater Public Library Board of Trustees has requested that a fund call the Mmerva Fund be created within the City's accounting structure that would be the respository for the library for major gifts and other gifts m the nature of an endowment, and; WHEREAS, there is presently $63,700 available to start this fund in an account called Donations, and, WHEREAS, these funds have been give to the Library by donors who requested that the funds be invested and that only the interest be spent on uses central to the Library's mISSIon; WHEREAS, it has been determined that creation of the Minerva Fund would be in the City's best interest; NOW THEREFORE, BE IT RESOLVED, by the City CouncIl of the City of Stillwater, Minnesota, that the establishment of the Minerva Fund is hereby approved. Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor Attest Morli Weldon, City Clerk . . . . . . Stillwater Public Library 223 N. Fourth St. Stillwater MN 55082 MEMORANDUM To: Stillwater City Council From: Lynne Bertalmio, Director 19 March 1998 The Stillwater Public Library Board of Trustees has requested that a fund be created within the City's accounting structure that would be the repository for the library for major gifts and other gifts in the nature of an endowment. To this end, I have asked Diane Deblon to create a fund called the Minerva Fund. We will start this fund with $63,700, presently in an account called Donations. These funds have been given to the library by donors who requested that the funds be invested and that only the interest be spent on uses central to the library's mission. Honoring the donors wishes, it is the Board's intent that the interest be used for such purchases as books and other library materials, information technologies, and access to information sources (i.e. electronic resources and data bases, etc.). The Board of Trustees requests that the City Council pass a resolution marking the establishment of the Minerva Fund, recognizing the important role that individuals have made and continue to make in the support of the Stillwater Public Library. STILLWATER PUBLIC LIBRARY 1998 Capital Budget Release - pt. 2 At its March 10, 1998, meeting, the Board od Trustees passed a motion requestmg the release of the second portion of the lIbrary's 1998 capItal budget. In addItIon, they voted to reallocate the funds from the starred (*) Items below to the redeSIgn of the CIrculation/ delIvery area for the purpose of Improved ergonomics *Newspaper cabinet 800 *New terminals for Circulation Dept. 750 (2 @ $375) *Replacement theft detection desensitizer 175 *Replacement theft detection sensItizer 150 Redesign cuculatIon/ delivery area 9800 TOTAL 11,675 3/19/98 . . . . . . No 98-14 $40 00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA Czty of Stillwater County ofWashmgton WHEREAS, Roof Tech Inc has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer of said City as requzred by the Ordmances of said City and complzed with all the requirements of said Ordmances necessary for obtammg this lzcenses NOW, THEREFORE, By order of the City Counczl, and by virtue hereof the sazd Roof Tech Inc, 14220 Nth 61 st St North, Stillwater MN 55082 IS hereby lzcensed and authorzzed as Roofing and Water Proofing for the perzod of one year startmg March 16 1998 and endmg March 16 1999 subject to all the conditIOns and provIsIOns of said Ordmances Given under my hand and the corporate seal of the City of Stillwater thiS 7th day of Aprzl A D 1998 Attest Mayor No $40 00 98-15 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County ofWashzngton WHEREAS, Stillwater Sign Company has paid the sum of Forty and OO/JOOs Dollars to the Treasurer of sazd City as requzred by the Ordznances of said City and complzed with all the requirements of sazd Ordznances necessary for obtaining this lzcenses NOW, THEREFORE, By order of the City Council, and by virtue hereof, the sazd Stzllwater Sign Company, 804 Laurel Street West, Stzllwater MN 55082 IS hereby lzcensed and authorzzed as Sign ErectlOn for the perzod of one year startzng February 2, 1998 and endzng February 2, 1999 subject to all the condztlOns and prOVlSlOns of sazd Ordznances Gzven under my hand and the corporate seal of the City ofStzllwater thzs 7th day of Aprzl AD 1998 Attest Mayor . . . . . . No 98-16 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stlllwater County ofWashmgton WHEREAS, Kraus-Anderson ConstrnctLOn Company has pazd the sum of Forty and 00/100s Dollars to the Treasurer of sald Czty as reqUlred by the Ordmances of sazd Czty and comp!led wlth all the requlrements of sazd Ordmances necessary for obtammg thls !lcenses NOW, THEREFORE, By order of the Czty Counczl, and by vlrtue hereof, the sazd Kraus-Anderson ConstrnctIOn Company, 525 South 8th Street, MmneapolLS MN 55404 is hereby !lcensed and authorzzed as General Contractor for the penod of one year startmg March 13, 1998 and endmg March 13, 1999 subject to all the condltIOns and provlsIOns of sazd Ordmances. Glven under my hand and the corporate seal of the Czty of Stlllwater thLS 7th day of Aprzl A D 1998 Attest Mayor No $40 00 98-17 GENERAL CORPORATE LICENSE STATE OF MINNESOTA Czty of Stlllwater County ofWashmgton WHEREAS, Rlver Valley RestoratIOn has pmd the sum of Forty and 00/100s Dollars to the Treasurer of smd Czty as reqUIred by the Ordmances of smd Czty and complzed wlth all the requzrements of smd Ordmances necessary for obtaIning thls lzcenses NOW, THEREFORE, By order of the Czty Counczl, and by vlrtue hereof, the sazd Rlver Valley RestoratIOn 410 North Fourth Street, Stlllwater MN 55082 lS hereby lzcensed and authorized as General Contractor for the penod of one year startmg March 25, 1998 and endmg March 25, 1999 subject to all the condltlOns and provlSZOns of smd Ordmances Glven under my hand and the corporate seal of the Czty of Stlllwater thIS 7th day of Apnl A D 1998 Attest Mayor . . e . . . No 98-18 $40 00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA Czty of Stillwater County ofWashzngton WHEREAS, Constrnction 70 Inc has pazd the sum of Forty and 00/100s Dollars to the Treasurer of sazd Czty as requzred by the Ordinances of sazd Czty and complzed wzth all the requzrements of said Ordznances necessary for obtazmng thzs lzcenses NOW, THEREFORE, By order of the Czty Counczl, and by vzrtue hereof, the sazd Constrnctzon 70 Inc, 2808 Anthony Lane South, Mznneapolzs MN 55418 zs hereby lzcensed and authorzzed as General Contractor for the perzod of one year startzng Aprzl1, 1998 and endzng Aprzl1, 1999 subject to all the condztzons and provzszons of sazd Ordznances Gzven under my hand and the corporate seal of the Czty ofStzl/water thzs 7th day of Aprzl A.D. 1998. Attest Mayor .-- ~- , . ~ 2 3 4 5 6 7. . 1 REQUEST FOR INSTALLATION OF BANNER APPLICANT ~ Ae-/iiV~~) . ~~ (] /1 j, . ORGANIZATION xdG. -/ /YLCItA.-J<J.--/ LlU~ ADDRESS d/ ( ~. /r);IiO.A4 c;l TELEPHONE Y: -) 9 -4 L/()O / ACTIVITY BEING PROMOTED BY PROPOSED BANNERS j/~~ ~~J!J T . BANNER LOCATION REQUESTED' M o o Main Street at Olive Street (Mad Capper}" North Main Street - 100 Block (Kolhners)* . Chestnut Street at Union Alley (FJrstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: f)uuJ- .4rd- ~~ Jg-i/~I/cJfl (j 0 / - ~ c~, ~ / COMPANY INSTALLING BANNER: M~ / P--r~) 0-&//"v-..L/ . - / Address ,:;<~) OOrvrnjj\JJ_A2_~rz lvJ - - Phone 4 ~y - (;(-. (r (j i - - I FOR OFFICE USE ONLY o City o Date MnDOT Date (Required for Main Street Locations) Installer venficatlon Date . BANNER REQUIREMENTS ATIACHED CITY HAll 216 ~JORTH FOURTH STillWATER, ~lINNESOTA 55082 PHONE 612.439.6121 . . . RESOLUTION 98 - 76 A RESOLUTION ABATING DELINQUENT UTILITY ASSESSMENTS FOR CERTAIN PROPERTY WHEREAS, it has come to the attention of the City that a delinquent utility bill was assessed in error to Washington County for Geo Code 21.030.20.13.0011 for payable 1998. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. That any delmquent utility assessments levied against Geo Code 21.030.20.13.0011 are hereby cancelled and that the City Treasurer IS authorized to submit to the County of Washington an application for abatement of delinquent utility assessments for payable 1998. Further, that appropriate CIty staff is authorized to accomplish the objectives set forth in this resolution, and execute any documents necessary for the purpose. Enacted by the City Council of the City of StIllwater, this 7th day of April, 1998. Jay Kimble, Mayor Attest: Morh Weldon, City Clerk V'\ '- ':J u ~ ...... ~ 0 ... ::.. >. ..- c: 0 :J 0 0 ...J Z U CommiSSioner of Revenue Abatement Form 4 (Rev. 5/90) APPLICATION FOR ABATEMENT - GENERAL FORM (M.S. 375.192) ForTaxes Levied in 19 ~ and Payable in 19 ~ Please print or type. \'pphc~nt'sName Dona 1 d Roettqer \,pphcilnt's Socloll Securtty Number elephone (work) ( e/ephone (home) ( ApplICant's Millltng Address P.O. Box 63 Sti llwater, MN 55082-0063 lEseR/PTION OF PROPERTY Property I D or Parcel Number 21.030.20.13.0011 :'eet Address (If different than above) 309 Willow Street City or Township Stillwater City School Dlstnct No 834 _egal Description of Property. E 1/3 of Lot 6 Block 42 Carll & Schulenburg's Additlon ~SSESSOR'S ESTIMATED MARKET VALUE: 6,000 _and S Structures S 1 ,600 Tota/S_ 7,600 Class 204 ':"PPLlCANT'S STATEMENT OF FACTS: - A delinquent utillty (171.95 + 17.20) = Code 21.030.20.13.0011. $189.15 was certified ln error to Ge_ :"P?LlCANrs REQUEST Please remove the certification from the 1998 payable Property Tax Statement and reissue a new Tax Statement. :lTE- Minnesota Statutes 1988 Section 609 41 "Whoever In making any statement, oral or wntten, which /s required or Jthorlzed by law to be made as' a baSIS of Imposing, reduCl~g, or abating any tax or assessment, intentionally makes any Hement as to any material matter which the maker of the statement knows IS false may be sentenced~ unless other\Vl~e oVlded by law, to Imprisonment for not more than one year or to payment of a fine of not more than :>3.000, or both. Applicant $ Slgnolture -- . . . RESOLUTION 98 - 77 , A RESOLUTION ABATING DELINQUENT UTILITY ASSESSMENTS FOR CERTAIN PROPERTY WHEREAS, it has come to the attention of the CIty that a delinquent utility bill was assessed in error to Washington County for Geo Code 21.030.20.13.0006 for payable 1997. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. That any delinquent utility assessments levied against Geo Code 21 03020 13.0006 are hereby cancelled and that the City Treasurer is authonzed to submit to the County of Washington an application for abatement of delinquent utility assessments for payable 1997. Further, that appropriate City staff is authorized to accomplish the objectives set forth in this resolution, and execute any documents necessary for the purpose. Enacted by the City Council of the City of Stillwater, this 7tl1 day of April, 1998. Jay Kimble, Mayor Attest: Morh Weldon, City Clerk CommiSSioner of Revenue Abatement Form 4 (Rev 5/90) APPLICATION FOR ABATEMENT - GENERAL FORM {M.S. 375.192) ~ 'J -3 ~ -- .. '<. 0 ~ >. - c: 0 :J ;) 0 ..) 2 U ForTaxes levied in 19 ~~ a and Payable in 1~~ Please print artype. Dpllcant'sName Donald & Nona L. Teske ,~pllcant's SO<lal Security Number "'ephone (work) ( ) __ ,:Ie phone (home) ( 61? Applicant's Mailing AddreSl 1806 North Broadway Stlllwater, MN 55082 .CRIPTION OF PROPERTY Property I D or Parcel Number 21 . 030, 20. 1 3.0006 let AddreSl (If dlHerent than above) I Cr~ or Townstup I schOO81 Q'st4 (let No 1802 North Broadway LC1ty ot Stillwa~ j _egalDescnptionafPrcperty S 1/2 of Lot 5 and all of lot 4 & the north 15' of vacated Poplar Street Carli & Schulenburgs Addltion l.SSESSOR'S ESTIMATED MARKET VALUE: .and S 30,nOIJ Structures S 5(),600 Tatal S 80,600 Class 201 ~PPLlCANT'S STATEMENT OF FACTS: A Delinquent Utility ($50.65 + $5.07) Geo-Code 21.030.20.13.0006. $55.72 was certified in error to . ,.JpLlCANrs REQUEST Please remove the certification from the 1997 payable Property Taxes and all other penalty charges incurred. Applicant $ Signature . OTE:' Minnesota Statutes 1988, Section 60941, "Whoever, In making any statement, oral or Written, which is reqUired or Jthorlzed by law to be made as a baSIS of impOSing, redUCing, or abating any tax or assessment, Intentionally makes any atement as to any material matter which the maker of the statement knows IS false may be sentenced:,. unless otherwise rovlded by law, to ImprISonment for not more than one year ar to payment of a fine of not more than :>3,000, or both.. . . . RESOLUTION 98 - 78 A RESOLUTION ABATING DELINQUENT UTILITY ASSESSMENTS FOR CERTAIN PROPERTY WHEREAS, it has come to the attention of the City that a delinquent utility bill was assessed in error to Washington County for Geo Code 21.030.20.13.0006 for payable 1998. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. That any delinquent utilIty assessments levied against Geo Code 21.030.20.13.0006 are hereby cancelled and that the City Treasurer is authorized to submit to the County of Washington an application for abatement of delinquent utility assessments for payable 1998 Further, that appropriate City staff is authorized to accomplish the objectives set forth in this resolution, and execute any documents necessary for the purpose. Enacted by the City Council of the City of Stillwater, this 7tl1 day of April, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk CommiSSioner of Revenue Abatement Form 4 (Rev. 5190) APPLICATION FOR ABATEMENT - GENERAL FORM (M.S. 375.192) () =3 ::J ...... .. ... 0 .>. ~ C 0 :J 0 0 .J :z u ForTaxes Levied in 19~ and Payable in 19~ Please print or type, 'o/lcant'sName Donal rl ~ NQn~ ~lJcant's 50clal Security Number Tp"kp Applicant's Mailing Addrus 1806 North Broadway Stillwater, MN 55082 € epnone (work) ( ) ~phone (home) (61 2) - ,CRIPTION OF PROPERTY Property I D or Parcel Number 21.030.20.13.0006 f City or Township Citv Qf<)tlllwater I School Dlrtrlct No ~~4 "eet Addres.s (It dlHerent than above) 1802 North Broadway 'gal Descr:ptionofPrcperty S 1/2 of Lot 5 and all of Lot 4 & the North 15 foot of ;acated Poplar Street Carli & Schulenburgs Addltion ,SSESSOR'S ESTIMATED MARKET VALUE: and S 30,000 Structures S 50 , 600 Total S 80,600 Class 201 ,PPLlCANT'S STATEMENT OF FACTS: 1\ delinquent Utility (234.60 + 23.46) 21.030.20.13.0006. $258.06 was certified in error'to G~O-C~ PPLlCANrs REQUEST Please remove the certlflcatlon from the 1998 payable Property Tax Statement and reissue a new statement. Applicant S Signature -- JTE Minnesota Statutes 1988, Section 609 41, "Whoever, In making any statement, oral or written, which IS required or thorlzed by law to be made as a baSIS of Imposing, redUCing, or abating any tax or assessment, Intentionally makes any ltement as to any material matter whICh the maker of the statement knows IS false may be sentenced~ unless otherNl~e oVlded by law, to Imprisonment for not more than one year or to payment of a fine of not more tnan )3,000, or both. LARRYJ.DAUFFENBACH CAPTAIN DONALD L. BEBERG . CHIEF OF POLICE . . ~ THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E MaR AND U M TO: !1(4yrJF~ K I t/IC;LE AriD C J n CLJUI K I L FROM: 1-' _ L _ 13ECF-RG" C'H T EF OF POL I CE DATE: I-~Pf-;: lL :;, 1998 RE: UJtllJ.CIL AGCI'mA ITEMS FOR APRIL_ 7th -------------------------------------------------------------------- OFFICER JOHN ZIZZO COMPLETED HIS ONE YEAR PROBATION ON APRIL I. 1998 AND I ASK THAT THE NECESSARY RESOLUTION BE PASSED MAKING HIM A PERMANENT CITY EMPLOYEE, EFFECTIVE APRIL 1st. THIS ITEM IS ON THE CONSENT AGENDA. THE CIVIL DEFENSE WARNING SIREN AT NORTH 4th AND MOORE STREETS HAS A MAJOR ELECTRICAL PROBLEM (THE SIREN DOES NOT OPERATE AT THIS TIME) AND NEEDS TO BE REPAIRED AT AN ESTIMATED COST OF $2,000.00. WITH THE COMING TORNADO SEASON NOT TOO FAR AWAY, I REQUEST THE MONEY FOR THIS REPAIR. THE REPAIRS WILL BE MADE BY NELSON RADIO WHICH DOES THE WORK ON ALL OF THE CITY'S SIRENS, IF THE REPAIR IS A MAJOR ONE. THIS ITEM IS ON THE CONSENT AGENDA. THE COUNCIL ALLOCATED MONEY IN 1998 TO HIRE A PART-TIME PERSON TO ENFORCE PARKING REGULATIONS IN THE DOWNTOWN AREA ON SATURDAYS AND SUNDAYS DURING THE SUMMER MONTHS. AS SUCH, THERE ARE A FEW ITEMS THAT HAVE TO BE TAKEN CARE OF BEFORE THIS CAN HAPPEN AND ARE AS FOLLOWS: THE CURRENT PARKING ORDINANCE REGULATES PARKING ENFORCEMENT IN THE DOWNTOWN AREA MONDAY THRU SATURDAY, 8:00 AM TO 6:00 PM. WE NEED A REVISED ORDINANCE TO COVER THE SAME HOURS FOR SUNDAY ENFORCEMENT. WITH THE ADDITIONAL ENFORCEMENT, THE PARKING SIGNS HAVE TO BE CHANGED TO REFLECT ENFORCEMENT OF SUNDAYS. WE ASK THAT THE PUBLIC WORKS DEPARTMENT PURCHASE AND INSTALL PERMANENT STICKERS WORDED "SUNDAY" TO BE PLACED OVER "SATURDAY" ON THE CURRENT SIGNS INSTEAD OF GOING THRU THE ADDED EXPENSE OF PURCHASING ALL NEW SIGNS FOR THE DOWNTOWN AREA. THE DOWNTOWN PARKING COMMISSION REQUESTS THAT THE WEEKEND ENFORCEMENT COINCIDE WITH THE PAID PARKING LOTS WHICH IS MAY 16th THRU OCTOBER 4th. - CONTINUED ON THE OTHER SIDE - 212 North 4th Street · Stillwater, Minnesota 55082 BUSiness Phone (612) 351-4900 · Fax (612) 351-4940 Pollee Response/Assistance 911 RESOLUTION NO. 98 - 79 APPROVING PERMANENT EMPLOYMENT OF JOHN ZIZZO AS POLICE OFFICER BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent employment of John Zizzo as Police Officer, from and after April 1, 1998 is hereby approved; having served a one year probationary period. Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . . . . RESOLUTION NO. 98 - 80 APPROVING TEMPORARY EMPLOYMENT OF LARRY BUBERL AS PARKING ENFORCEMENT OFFICER BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the temporary employment of Larry Buberl as Parking Enforcement Officer, from May 16 through October 4, is hereby approved; and that as compensation for services the said Larry Buberl shall receive shall receive a salary of $11.50 per hour Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor ATTEST. Morli Weldon, City Clerk Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 04/03/98 Re: Employment of Receptionist/Secretary (Consent agenda) Twelve candidates for the position were interviewed this week. The top five candidates are scheduled for skills testing to be completed by Monday, April 6. A recommendation will be provided to Council at the April 7 meeting. . . . 1 STAFF REQUEST ITEM .DEPARTMENT: Parks DATE: April 1, 1998 DESCRIPTION OF REQUEST (Briefly outline what the request is): Robert Hamble _ To lock up restrooms and tennis courts in our parks after 10 pm, seven days a week at an hourly rate of $12.00 per hour or da~!. This job takes approximately 1 hour per day. Mr. Hamble has been dOIng this .Iob for the past two years and It has helped reduce the vandalism in the parks and restrooms. Jennifer Anderson _ Seasonal Employee for Parks Department at an hourly rate of $9 00 per hour This would be Jennifer's 3rd year. Chns Dlethert _ Seasonal Employee for Parks Department at an hourly rate of $9.00 per hour This would be C":hri!':' 4th vp.::lr Starting dates will be approximately April 15th. ...! . 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) This IS In the 1998 budget ADDITIONAL ITEMS ATTACHED: YES NO i< 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, .;::;;t~ ~ Tim Thomsen, Parks Director DATE: Apn11,1998 RESOLUTION 98- APPROVING CONTRACT WITH ROBERT HAMBLE FOR PARK SECURITY NOW, THEREFORE, BE IT RESOLVED, that the City Council of the CIty of Stillwater, Minnesota, hereby approves the contract with Robert Hamble for park secunty services in the CIty of Stillwater from and after April 15. As compensation for services, the said Robert Hamble shall receive the sum of $12 per day Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk . . . . . . RESOLUTION NO 98- APPROVING TEMPORARY EMPLOYMENT OF CHRIS DIETHERT AS PUBLIC WORKS/PARKS SUMMER LABORER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary employment of Chris Diethert as Public Works/Parks Laborer, from and after April 15, 1998, for a period not to exceed 67 days, is hereby approved; and that as compensation for services the said Chris Diethert shall receive the sum of $9 per hour Adopted by the Council this 7th day of April, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk RESOLUTION NO 98- APPROVING TEMPORARY EMPLOYMENT OF JENNIFER ANDERSON AS PUBLIC WORKS/PARKS SUMMER LABORER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary employment of Jennifer Anderson as Pubhc Works/Parks Laborer, from and after April 15, 1998, for a period not to exceed 67 days, is hereby approved; and that as compensatIOn for services the said Jennifer Anderson shall receive the sum of $9 per hour Adopted by the Council this 7th day of April, 1998. Jay KImble, Mayor Attest. Morh Weldon, City Clerk . . . STAFF REQUEST ITEM . DEPARTMENT: Parks . . DATE: DESCRIPTION OF REQUEST (Briefly outline what the request is): April 1, 1998 Install privacy fence at the parks buildlnQ. The Quotes that were coming In for this project were approximately - - $5,300 and up If we take down the old fence and assist First Quality Fence In the Installation we can complete the project for the budQeted amount 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) This is In 1998 capital outlay - $3,800 ADDITIONAL ITEMS 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 ~. ~ Tim Thomsen, Parks Director DATE: 9' // /y~ I / April 1, 1998 Mar 31 98 03:43p (612) 714-0669 f~I~1\ I 1 ,.,' \.!I\,_I: i - ESTI MA TEl ORDERI PROPOSAL Stillwater, MN 55082 (612) 439-0740 P()..(' t..J Name j+;/I \Nl~\~ QUANTITY I (J~ I I I I 4" I 311 I 11\ I . I '4' I ' , I I I I Down Payment' Check. I Spousa Address City EmploYlIf Job Slle Address 4 I 1 ;l 10% Do"'~ 10% Start Up Iala_ To 1ft11..., on eo.plalloll C__lntttall Oalo Job No. Saleaperson _ County Sl)la Ht'l ~ f'honI. Zip ~.s 1- ;) 8 i.{ t.f 43<1- L/ Sb I PO T..m. p<1.rKj ~ auct'4~fj Work PIlone _ Woril Phone (Spoueel DESCRIPTION I- I I I I I I I I I I I I I I I I I ~ATERIAL AND INSTALLATION I THIS ~$nMATI! VALlD "OR 30 I TAX [ . DAYS FROM ABOVE DATE I TOTAL I q b" ;JYJ l' to M(O\O,C;~ \ l.-"t.po~+) - , C.IL. r:- ellC~ ,SJ'i( 2C\;1 f~~~~ C of""t\ef () Cj+ i:A,A fDS+ 1111 'SS' 40 pj(Jf( Oovb/~ welill A--cu'V\~ <l oJe~ ....1 Amt _ Date Credit Card It __ .__.._ expiration Date -.. ..- . DP 0 PS 0 Be 0 ALL 0 A SERVICE CHARGE 01 1 'II % per month (18% Annually) will be applied on all past due balances The purchaser shall be responsible lor any and all collecllon and legal costs Ineurred by Flrot Quality Fenoe In tho event of thle bill becoming past duo First Quality Fence reserves the fight to lien the Improved propefty II payment In lull as agreed to In this contract IS not received. s - '3 ( p.1 . 19 '18 10 ^'L 0<:- ~ PRICE I I I I I ~ I I I I I I I I I I I I I 3800 I~ Owner ruponslble for showing correct property and fence hnBo and for removal of obatructlona to fence Installation First Quality Fence shall furnish only the mlterlal and labor specified In this contract Any changes made from the above speclflcallons neceasltatlng additional material or labor will be billed at an additional cust ~")~ CustOmtf 5IOnll"" 5jXlUD. blgnalur. 011<1 . 0.1<1 . . . RESOLUTION NO. 98 - 85 ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE INSTALLATION OF HORSESHOE COURTS WHEREAS, the City received quotes for the installation of horseshoe courts at Northland Park, and; WHEREAS, it appears that Veesenmeyer Construction is the lowest responsible bidder, and WHEREAS, the City needs to purchase the materials up front at a cost of $4,400.00 and have the site prepared. The balance will paid upon completIOn of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Veesenmeyer Construction in the name of the City of Stillwater to install horseshoe courts at Northland Park. Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk STAFF REQUEST ITEM DEPARTMENT: Parks DATE: Apnl 1, 1998 . DESCRIPTION OF REQUEST (Briefly outline what the request is): Install new horseshoe courts at Northland Park by Veesenmeyer Const /Soft-Crete We will save approximately $5,000 00 by uSln9 Veesenmeyer Construction to do this proJect We need to purchase the matenals up front and have the site prepared for the Installation of 10 courts to get this savings The cost for the matenal will be $4,400 00 and the balance paid upon completion 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) This is In 1998 capital outlay - $7,500 00 . ADDITIONAL ITEMS 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 L- e,..::-- ~ - Tim Thomsen, Parks Director - DATE: Apnl 1, 1998 . . . . VEESENMEYER CONSTRUCTION 612 776 4468 VE (l~S);N M I~Y EM (~()NSI'JS()}I' J'-CR Jl~Tt~ 1347 N. lIazel ST. Sf. Paul MN. 55119 Ph:(6J2).771~714 JI'ax:(611}-776>-4468 BILL TO Stillwater ~~Mks ~pl Attn. Tim Thomsen /372 S GrooJey Sl StiJIwalcr. MN 55082 Fax' 439 0456 DESCRIPTION RATE RE Our Pncc to furnish noel instllll SOFT-CRBTE. Produc~s system 400 nt Norht Park Ten scu, of 1 lor 00 8[1008, ar(.'-a 960 sq n appf\O~. fll\fk Dept 10 house people will prepare forms to le<'.dve Soft-Crete Prodllct for thIS we ask 7,000.00 We request progress payment for all malena! and ocliv('.(" up lr8n1of $4,400 00. Rcmamdcr on ('.oll1ph.tio N Total DAlE 3/17/98 p.e! INVOICE INVOICE NO 25'i PO NO AMOUNT (} ()(I 7,00000 $7,00000 RESOLUTION 98 - 86 RESOLUTION ACCEPTING PROPOSAL FROM BAILEY CONSTRUCTION FOR IMPROVEMENTS TO LILY LAKE NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Mmnesota, that the proposal from Bailey Construction for the improvements to the beach and boardwalk at Lily Lake is hereby approved. Adopted by Council this 7th day of April, 1998 Jay Kimble, Mayor Attest. Morh Weldon, City Clerk . . . STAFF REQUEST ITEM . DEPARTMENT: Parks DESCRIPTION OF REQUEST (Briefly outline what the request is): DATE: Apnl1, 1998 Request to continue from where we left off last fall on the beach and boardwalk improvements at lily Lake with the assistance of Bally Construction The cost for the 188 feet of sidewalk, 52 feet of curb and gutter and 1200 square feet of Patio will be $8,300. . 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) This IS In 1998 capital outlay - $10,000.00 . - ADDITIONAL ITEMS 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 ~ ~ Tim Thomsen, Parks Director DATE: Apnl 1, 1998 ~._~ ----- ------- - -- -- - ------------ CARBONLESS FOAM 3850 u PROP05AL TRIPLICATE ----- --------------- PROPOSAL dfc. :i-'1 t:,;v4.-u< j,';,.-J tr,J-39 75:;)7 f! Q (!ieX f,7 S .,: //"'it 4-'rJ.. (lJiv .1?1~j:;e. :JtJ/ tf~7 Proposal Submined To: No Date Sheet No Work To Be Performed At: ./i -;/ A b 1-. !',/t/ L/L; L-"'~ C- Name /,.--l pit /IWa ..(y:fi ~/f~ Street Street City 5 /;// W4l-I--c~ State /J1J-1./ City State Phone ~f- 'is-~/ Date of Plans Architect We hereby propose to furnish the materials and perform the labor necessary for the completion of /1f~ ;5 / w,/r, CIJ,.,..(",~ /r::_ 5""1 I I *" /,ur", ~?(!l~)~4 ~if I k cf j ~ Ilr ~ '7 7/r~.lq lc.. / \4 ';"" (/2 W ~,(' ~ . All matenal is guaranteed to be as specified, and the above work to be performed to accordance With the drawmgs and specificatIOns submitted for above work and completed In a substantial workmanlike manner for the s~O of /J ) I _} . Dollars [$ 2 3<?O ~] With payments to be made as follows /.5... I U h /'r cJ -- G Q"rv / (r T ( ~^-- My alteration or deviation from above specifications Involvmg extrd eLL c;m,ts, will be executeo only upon wrotten orders and Will become an Respectfully submitted d extra charge over and above the estimate All agreements Lonttngent upon strikes, aCCidents or delays beyond our control Owner to carry fire tornado and other necessary Insurance upon above war\< War k- Per men S Compensation and PubliC ltab1hty Insurance on above work to be taken out by Note-- ThiS proposal may b' Withdrawn by us If not accepted wlthm day$ [ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Payment Will be made as outlined above Signature STAFF REQUEST ITEM . DEPARTMENT: Parks DESCRIPTION OF REQUEST (Briefly outline what the request is): . . DATE: Life guard equipment for Lily Lake Beach - $4,500 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) This IS In 1998 capital outlay ADDITIONAL ITEMS 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 /;,Z:::~ · Tim Thomsen, Parks Director r DATE: April 1, 1998 April 1, 1998 MEMORANDUM . Apnl 2, 1998 TO: Mayor and CIty CouncIl Klayton H. Eckles ILl:! ~ CIty EngIneer FROjy!: SUBJECT: Approval ofFmal Payment to Valley Paving For Pme Street Reconstruction Project Project DISCUSSION: Valley Pavmg has successfully completed all the work assOCIated with the Pme Street Reconstruction project. The attached documents support the request for payment. You will recall that on this project there was an issue with the condition of the final wear course. After the first winter some distress was evident, however, during the second wmter (97-98) no addItIonal dIstressed occurred. Therefore, the fallure was primarily a surface fallure. To correct for this inadequacy staff has worked with Valley Paving and negotIated a settlement for tills failure, whereby the final payment to Valley Pavmg has been reduced by an amount to pay for a seal coat of the drivmg surface. This seal coat IS proposed to occur thIS summer and will rehabilitate the dnving surface and protect the blacktop from any addItional weathenng. . RECOMMENDATION: Staff recommends that Council approve the final payment to Valley Paving in the amount of $4,501 02. ACTION REOUIRED: If CouncIl concurs WIth staffs recommendatIOn they should pass a motIon adoptmg Resolution No. 98-_, ACCEPTING 'WORK AND ORDERING FINAL PAThIENT FOR PINE STREET RECONSTRUCTION IMPROVE1\tIENTS (PROJECT 9635, L.I. 295). . . . . RRSOLUTION 98- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PINE STREET RECONSTRUCTION IMPROVEMENTS (pROJECT 9635, L.I. 295) WHEREAS, pursuant to a written contract signed between the City and Valley Paving, Inc. for Pine Street Reconstruction (Project 9635, L.I. 295) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOL YED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $4,501.02 on such contract, taking Valley Paving Inc. ' s receipt in full. Adopted by the Council, tms 7th day of April, 1998. MAYOR Attest: CITY CLERK APPLICATION FOR PAYMENT CONTRACTOR VALLEY PAVING INC UNIT PPICE SCHEDULE CONTRACT AMOUNT 5464,652 75 CITY OF STILLWATER APPLICATION DATE 01/14/98 L I 295 PERIOD ENDING 01/14/98 PINE STREET RECONSTRUCTION APPLlCA TION FINAL . CONTRACT QUANTITIY UNIT ITEM NO ITEM UNIT OUANTITIY TO DATE PRICE TOTAL ----- ------- -- -- -- ---- 2021 501 MOBILIZATION LUMP SU 1 1 54,50000 $4,500 00 2101 511 CLEARING AND GRUBBING LUMP SU 1 1 52.500 00 52.500 00 2104501 REMOVE B618 CURB & GUTTER UN FT 2382 2340 $275 $6,43500 2104501 REMOVE STONE CURB & GUTTER UN FT 2860 2800 $275 $7,70000 2104503 REMOVE CONCRETE WALK SO FT 1000 1660 $1 00 $1,66000 2104505 REMOVE CONCRETE DRIVEWAY PAVEMENT SOYD 466 241 $550 $1,32550 2104505 REMOVE BITUMINOUS PAVEMENT SOYD 12285 12287 $090 $11,05830 2104501 REMOVE WA TERMAIN UN FT 18 81 $23 00 $1,86300 2104511 SAWING CONCRETE PAVEMENT UN FT 210 224 $850 $1,90400 2104513 SAWING BITUMINOUS PAVEMENT UN FT 733 562 $280 $1,57360 2104521 SALAVAGE SPRINKLER SYSTEMS UN FT 400 0 $400 $000 2104523 SALVAGE HYDRANT EACH 5 5 $650 00 $3,250 00 0504 602 RELOCA TE HYDRANT EACH 1 1 $1,60000 $1,60000 0504 602 RELOCATE GATE VALVE & BOX EACH 1 1 $500 00 $500 00 0104 602 RELOCATE YARD LIGHT EACH 1 0 $1,200 00 $000 2105501 COMMON EXCAVATION CUYD 7626 7626 $540 $41,18040 2105507 SUBGRADE EXCAVATION CUYD 30 0 $540 5000 2105522 SELECT GRANULAR BORROW (CV) CU YO 30 0 $ 1 0 00 5000 2105525 TOPSOIL BORROW (CV) CUYD 520 720 5975 $7,02000 2130501 WATER MGAL 20 36 $30 00 $1,08000 2211 501 AGGREGA TE CLASS 4 TON 3855 5812 5440 $25,572 80 2211 501 AGGREGATE CLASS 5 TON 5775 5732 4 5510 $29,23524 2231 501 BITUMINOUS PATCHING MIXTURE TON 8 30 515000 $4,500 00 2340 508 TYPE 41 WEARING COURSE MIXTURE TON 1212 11262 520 00 $22,524 00 2340510 TYPE 31 BINDER COURSE MIXTURE TON 1200 130774 $ 1 9 00 $24,84~. 2340514 TYPE 31 BASE COURSE MIXTURE TON 1200 1113 37 $1900 $21,154 2357 502 BITUMINOUS MATERIAL FOR TACK GAL 1050 1050 $1 50 $1,57500 0411 603 CONCRETE BLOCK RETAINING WALL SOFT 350 1260 $ 1 3 50 $17,01000 2503 541 12" RC PIPE SEWER DESIGN 3006 CL V UN FT 422 613 $22 00 $13,486.00 2503 541 15" RC PIPE SEWER DESIGN 3006 CL V UN FT 917 1017 $23 50 $23,899 50 2503 541 21" RC PIPE SEWER DESIGN 3006 CL III UN FT 348 450 $2750 $12,37500 2503 541 24" RC PIPE SEWER DESIGN 3006 CL III UN FT 691 782 $28 35 $22,169 70 2506 506 CONSTRUCT DRAINAGE STRUCTURE DESIGN D UN FT 391 12 $600 00 $7,200.00 2506 507 CONSTRUCT DRAINAGE STRUCTURE DESIGN X UN FT 2651 429 519000 58,15100 2506 507 CONSTRUCT DRAINAGE STRUCTURE DESIGN Y UN FT 6412 6545 5230 00 $15,05350 2506511 REHABILITATE SANITARY MANHOLE UN FT 14 12 5390 00 54,680 00 2506516 CASTING ASSEMBLY R-3067 EACH 27 25 $345 00 $8,625 00 2506 522 ADJUST FRAME & RING CASTING EACH 14 13 $19000 $2,4 70 00 0503 602 CONNECT TO EXISTING STORM MANHOLE EACH 1 3 5900 00 52,70000 0503 602 CORE RCP FOR SERVICE EACH 6 4 $75 00 $300 00 0503 603 4" PVC SERVICE SDR 35 UN FT 72 48 51 7 50 $840 00 0504 602 F & I HYDRANT EACH 5 5 $1,73000 58,650 00 0504 602 F & I GATE VALVE & BOX EACH 2 2 5770 00 51,54000 0504 602 6" WATERMAIN DUCT IRON CL 52 UN FT 29 0 561 00 5000 0504 602 ADJUST GATE VALVE EACH 15 15 $ 160 00 52,400 00 0504 602 CONNECT TO EXISTING CORPORATION STOP EACH 10 12 5305 00 $3,660 00 0504 602 CONNECT TO EXISTING WATER SERVICE E.~CH 12 12 5305 00 53,660 00 0504 602 3/4" CITY It'JSTALLED CORPORATION STOP EACH 5 0 595 00 $000 0504 602 3/4" CURB STOP & BOX E~CH 12 12 51 75 00 52,10000 0504 602 EXCAVATlmJ FOR CITY INSTALLED CORP STOP E.'\CH 6 6 5430 00 52,580 00 0504 602 CORPORA TION ADAPTOR EACH 10 12 51500 $ 180 00 0504 602 COMPRESSION FITTING Eu.CH 10 12 51800 $21600 0504 603 3/4" TYPE K COPPER SERVICE UN FT 460 526 51 3 00 56,838 00 0504 620 WATERMAIN FITTINGS POUND 103 76 S520 5395. 2521 501 4" CONC WALK SO FT 11235 11086 S 1 85 520,509 2531 502 CONCRETE CURB DESIGN 6618 UN FT 5400 5013 S635 531,832 55 PAGE NO 1 APPLICATION FOR PAYMENT UNIT PRICE SCHEDULE C : elF STILLWATER L f 295 PINE STREET RECONSTRUCTION .L1CATION FINAL ITEM NO 2531 507 0411 605 0563 601 2564 531 0564 602 0564 603 0564 603 0564 603 0564 604 2571 504 2573 501 2575505 __~_ ITEM 8"CONCREt-E DRIVEWAY PAVEMENT CONCRETE STEPS TRAFFIC CONTROL F & I SIGN PANELS - TYPE "C" F & I STREET NAME SIGNS 4" BROKEN LINE YELLOW-EPOXY 4" SOLID DOUBLE LINE YELLOW-EPOXY 4" SOLID WHITE LINE-EPOXY ZEBRA CROSSWALK WHITE-EPOXY CONIFEROUS SHRUB BALES SODDING TYPE LAWN CONTRACTOR CONTRACT AMOUNT APPLICATION DATE PERIOD ENDING VALLEY PAVING INC $464,652 75 01/14/98 01/14/98 CONTRACT OUANTITIY UNIT UNIT OUANTITIY TO DATE PRICE TOTAL ---SOYD--- -~--~ --$2850 $15,98850 560 561 CUYD 05 0 $1,10000 $000 LUMP SU 1 1 $3,800 00 $3,80000 SO FT 5725 4625 $31 00 $1,43375 EACH 2 2 $250 00 $500 00 L1N FT 400 $1 50 $000 LI N FT 250 1972 $1 65 $3,253 80 L1N FT 1950 3984 $1 35 $5,37840 SO FT 640 108 $385 $415 80 SHRUB 20 21 $55 00 $1,15500 EACH 135 $550 $000 SOYD 5400 4455 $4 50 $20,04750 TOTAL AMOUNT EARNED MATERIAL SUITABLY STORED ON SITE, NOT INCORPORATED INTO WORK GROSS AMOUNT DUE LESS SEALCOA T CREDIT .UNT DUE TO DATE PREVIOUS APPLICATIONS UNT DUE THIS APPLICATION $500,051 23 $0.00 $500,051 23 $5,50000 $494,551 23 $490,050.21 $4,501 02 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 SAID CONTRACT, AND (2) ALL MATERIALS AND EOUIPTMENT INCORPATED IN SAID PROJECT OR OTHERWISE LISTED IN OR COVERED BY THIS APPLICATION FOR PAYMENT ARE FREE OF ALL LIENS, CLAIMS, SECURITY INTERESTS AND ENCUMBRANCES __2. !~ Y'./9?- __ /-_. (-~_._---------- DATED ~~?~~~~~- - ----- ~ V'(CONTRACTOR) / ~ _.' 0' __;:Z~~ (NAME AND TITLE) IN ACCORDANCE WITH THE CONTRACT, THE UNDERSIGNED APPROVES/~O 2Ji}j CONTRACTOR OF THE AMOUNT DUE DATE ~5 lie ~ BY 6Mt- _ ._ ___ ( - - - - --- ~- (C-ITYENGI N<<R) . PAGE NO 2 STAFF REQUEST ITEM , DEPARTMENT P/~nn//ltf MEETINGDATE Lf-7--9 Y , I DESCRIPTION OF REQUEST (Briefly outline what the request is) . ,~~ .m ~#</l4 .A/FuJ U/'<.!3AAJ/Jh-'1 q,-nl/1~~ C~/),~ ~ 3~- m~,,~ ~ 4'/7 !/'f'" W/~ .R'JA',...7;~/.L.t:lJ r-> 1';'7 ./){?)/~/1 /4/1 s~~r C&~r. '-v/ i / ;P/1<?'/t'd~. ~~*~ t?r1 -AkI'1l1fJ(Y/2.~ df 51';" ~/1 /I.( ~-e ~ 7Po/'r15/P1 A-/t/IJL d- 1IUh// ~ P/y./)7//Jj .A/e/-fP-j(?C/7~AtJ~. . (5~~_ ~ F(/'(/J,I 5 +ff~ /c{) . FINANCIAL IMP ACT (Briefly outlrne the costs, if any, that are associated with this request and the proposed.source of the funds needed to fund the request) ~/,.. If /7/?~ .Y Z. ;:- P-MJ_~ 32-0 ~ . ~z..~ Ad.t-o ./ 2S ~1"Jj) /~/J .. .... "- X' "2- J ~/.? .3 z..o ~.1fZ) /?-~ 2./71"9 r - -- , .4 ~ /'J '2 .:::- ../O..J- YESX- ~/~ . /V~ . X' 2-- X. A/ Jt, Y/ 11 /~.I/" t:j~ f2 , / /.. /?v, v')i!1t..- ADDITIONAL INFORMATION ATTACHED 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 ~COUNCIL MATERIAL PACKET. SUBMITTED BY ~4 J Date }"-2--9 Y ~ ~ - r . SCHEDULE OF EVENTS (sessions and times may change) , , . THURSDAY, APRIL 30 Orientation & Welcome Out-of-towners WIll become acquainted with the Denver! Front Range area, and new attendees can attend an orienta- tion on eNU principles and projects. Most attendees can fly in on Thursday mornmg and check into theIr Denver hotel by noon. Daytime events are optional. 12:30 PM 2:15 PM 5:00 PM 6:00 PM 7:00 PM . Orientation for New Members: CNU Principles and Projectsrrask Force Research Updates Denver/Front Range Orientation Registration (Paramount Theater) Welcome - American Urbanism: In Search of a Society, U.S. Secretary of Housing and Urban Development, Andrew Cuomo (invited) Reception followed by dinner on your own FRIDAY, MAy 1 Infill & Refill: Reshaping the Existing City Our first full day will focus on built and planned projects m the inner city and the introductIOn of mixed-use develop- ment in commerCial districts, older shoppmg centers, and established residentIal neIghborhoods. How best can New Urbanism address existing commumty problems? Can enough mfzll occur in developed areas to begm a reversal of sprawl patterns? How important IS design? 7:45 AM eND VI 8:30 AM CITIES IN CONTEXT: Rebuilding Communities Within the Natural Region 11:00 AM . DENVER, COLORADO April 30 - May 3, 1998 Registration/Continental Breakfast (Denver Athletic Club) Morning Plenary: · Welcome . CNU's 1997 in Review . Cities In Context - The Macro View . New Urbanism Meets the Existmg City Breakout Sessions J:2 . Urban Breakthroughs I: Creatmg Tools & Incentives for New Urbanism . The Making of a Mixed-Use Neighborhood 6 II' 12:30 PM 12:45 PM 1:45 PM , I. 3:30 PM 5 :00 PM 7:30 PM · Does Style Matter: The Architecture of InfilI . Relearning Schools: A New Com- munity Anchor Lunch on your own ULIlCNU Joint Forum on New Urbanism1 Informal Salons/Project Presentations! Research and Academic Papers Breakout Sessions IP · Urban Breakthroughs II: Breaking Through the Regulations · Bringing Nature Into the CIty: Urban Open Lands · Face-to-Face: HOPE VI WInners · Moving and Calming: Getting From Point A to B Dinner on your own Project Plenary: Recent Works by CNU. Designers SATURDAY, MAy 2 Creating Urbanism in the Natural Region The agenda for the second full day will allow particIpants to dISCUSS the intersectIon of natural systems m a regIOnal context of old towns, aging suburbs, edge citIes, and stand-alone commumties. What strategies have worked to promote agricultural lands, protect sensitIve open space habItat, and create an inter-city green way system? How can we balance environmental requirements wIth market demands? Can affordable housing and open space be mutually achievable objectives? 7:45 AM Registration/Continental Breakfast (Denver Athletic Club) 8:30 AM Morning Plenary: · Welcome · Context: The Natural Region · Building a New Urbanist! Environmental Agenda Breakout Sessions liP 11:00 AM · The Market's Response to New Urbanism: How We Are Doing · The Regional City: Building New Alliances 7 To 12:30 PM 1:45 PM 3:30 PM 5:15 PM 7:30 PM .. Moms, Meetings, and Minivans: Families in Sprawl . From Trail to Rail: The Full Bag of Transportation Tricks . Lunch on your own Breakout Sessions IV:2 · All Together Now: Housing Affordability and/or Open Space . New Urbanism: Regional IdentIty 0 Cookie-Cutter Formulas? . Transcending Growth Boundanes: Where Should Growth Go? . OldlNew Malls: Buying, Selling, an Revitalizing Informal Salons/Project PresentatIon~ Research and Academic Papers Open Mike: Response to Task Force Sessions and Denver Case StudIes Evening Party at Coors Fieldl Sunday, May 3 Living The Charter . Our final day will aI/ow members to reflect on the future of CNU as an organization and New Urbanism as a movement. 8:00 AM 8:30 AM 10:00 A..\1: 11:15 AM 12:00 PM 12:15 PM 1:45 PM 2:00 PM Registration/Continental Breakfast (Denver Public Library) CNU Task Force Meetings Charter Book Presentation and Discussion Responding to the Top 10 Criticisms New Urbanism Box Lunches The Future of CND/Open Mike Closing Comments Congress VI Adjourns 1 See Registration form for ticket requirements 2 These sessions are sponsored by CNU's Task Forces . 8 . ",..1.,.,' .',II/.:lJI.::I.. ~'lll~J'lJo'!"'L~..JlL..r,J.a~J"'J"I.!.,.~.JJ . . . RESOLUTION NO. 98 - 88 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF ICE RESURFACER FOR ST. CROIX VALLEY SPORTS FACILITY WHEREAS, the City received bids for an Ice resurfacer for the St. Croix Valley Sports Facility; and WHEREAS, Frank 1. Zamboni & Co., Inc. was the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Frank J. Zambom & Co., Inc in the name of the CIty of Stillwater to purchase an ice resurfacer for St. Croix Valley Sports Facihty. Adopted by Council this 7th day of April, 1998. Jay Kimble, Mayor ATTEST. Modi Weldon, CIty Clerk Memorandum . To: Mayor and C From: Date: Re' Purchase ofIce Resurfacer for St. Croix Valley Sports Facility Background On March 23, 1998, staffed received bids for a battery powered ice rink resurfacing machine. The City received only one bid which conformed with all specifications required on the bidding forms. The successful bid, from Frank J. Zamboni, & Co., Inc., is attached for your review. The price for the battery-operated resurfacer, including optIOns, is $79,995.00 plus sales tax. The same Zamboni resurfacer is in use at several other metro area arenas, including Woodbury, Maple Grove, Champlin, and New Hope. All of the arena managers we spoke to are extremely pleased with this particular resurfacer. While battery operated machines are higher in cost than models powered with propane or natural gas, they significantly reduce the time and technology an arena manager would otherwise need to invest in the management of indoor air quality. . Recommendation Council approval ofthe attached resolution approving the purchase of a Zamboni Model 552 ice resurfacer from Frank J. Zamboni & Co., Inc., in the amount of$79,995.00 plus sales tax. . Bidder's Name Frank J. Zamboni & Co., Inc . BID FORM CITY OF STILL WATER ONE (ONE) BATTERY POWERED SELF-PROPELLED ICE RINK RE-SURFACING MACHINE City Council City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Mayor and Council members: We submit for your consideration the following bid in accordance with the specifications on file in the office for The Battery Powered Self-Propelled Ice Rink Re-Surfacing Machine Make and Model of Equipment: Zamboni 552 Warranty: 2 years See Enclosed Delivery: By 9-15-98 ,ASE PRICE-Ice-Resurfacing Machine OPTIONS Board brush One (1) spare tire & wheel One (1) hydraulic jack One (1) shaving blade One (1) set misc. tools One (1) pint touch-up paint (each color) One (1) back-up alarm One (1) water pump impeller $76,720.00 600 AMP Hour Battery & Charger. $1,250.0U deduct for going with 510 AMP Hour Standard Battery & Charger $ 2.950.00 $ Included $ Included $ Included $ Included $ Included $ 325.00 $ Included NET PRICE $Depending on options . All pricing does not include sales tax as we do not collect for any state other than California. (The City mayor may not exercise their right to purchase options.) DEVIATIONS: Any deviations from the specifications should be listed here. Failure to do so may be reason for rejecting tlfe bid. . . . MEMORANDUM TO. Mayor and Council FR: City Coordinator RE' Agreement with Midwest Spine Institute for fmancing Zamboni DA: April 3, 1998 Discussion: Marcy has provided you with a separate memorandum regarding the purchase of a Zamboni ice resurfacer. I concur with her recommendation. A separate but related issue is the offer by Midwest Spine Institute (located in Stillwater) to contribute $50,000 to $60,000 toward the purchase of the Zamboni with the following conditions: 1. Midwest would be allowed to place advertising on each side of the Zamboni. The front and back could be used for other advertising or signage (such as the Ponies logo) not in competition with Midwest. 2. Midwest would be given a first option for the exclusive advertising rights on any new or replacement Zamboni in the future. 3. The Zamboni to be painted white to provide flexibility for corporate advertising. I have discussed this matter with Dick Olsen and Councilmember Cummings and they confrrm that the concept of having Midwest help finance the purchase of the Zamboni was agreed to by the original Sports Facilities Commission during the financing campaign conducted by the Commission 2-3 years ago. Recommendation: I would recommend that the Council approve the concept and to direct staff to prepare an appropriate agreement with Midwest. < 41~ .. . MEMORANDUM . . TO: Mayor and City CouncIl FR: Steve Russell, Community Development DIrector DA: Apnl2, 1998 RE: Variance to (reduction of) utility easement and conservation easement for construction of swimming pool (Case No. V/98-11) Background: A letter was received by the applicant appealing the Planrung Commission denial (letter attached) The Planning CommiSSIOn reviewed the request at theIr meetmg of March 9, 1998. They also considered the staff report and comments from the City Engmeer. The drainage system and wetland protection was studIed and discussed extensively during the platting of the area. A neIghborhood resident expressed concern for the request and remmded the Commission of wetland mItigation requIrements of the previous Interlachen ill subdivision. After revlewmg and dlscussmg the request, the application was denied by the Commission with a 6-0 vote finding the request inconsistent with the condition of Interlachen ill subdivision wetland conservatIOn requirements and subdIvision utIlity and dramage design. Attachments' Letter of appeal Minutes of 3-9-98 Planning Commission Meetmg Recommendation: Consideration of appeal "' Todd J. & Kristine M. Wilson 263 Pineridge Lane Stillwater, MN 55082 . Variance #: VI98-11 Community Development Director Stillwater City Hall 216 North Fourth 51. Stillwater, MN 55082 3-17-98 Dear Sir, We are wntlng you thIS letter to serve as the required notice that we want the opportunity to appeal our requested variance denial to the City Council members. The initial variance request was to allow us to encroach upon a .Conservation Easement.. Dunng the time of our appeal, we will present evidence showing that the Official Plat that we acquired from the county does not list a Conservation Easement upon our lot. We will also supply a written letter from the previous owner of this property that their title work does not list thiS Conservation Easement , and that they were unaware of said easement. We will also submit evidence that will show the council that the Development Company . did not install the reqUired signs showing thiS easement was upon our property prior to us purchasing the property. We will also supply proof that this easement was not valid until 12-27-96 at 4:35 p.m. At the time the Grant of easement took place, the Grantor in fact did not own the property granted. We will also supply written evidence from our title company stating that The right to use or improve these wetlands is excepted herein. In closing we are accompanying this letter With the required $25 appeal fee. Sincerely, Todd J. Wilson Kristine M. Wilson . . . . March 9, 1998 the existing property line, subject to a five-foot easement. Mr. Rheinberger accepted the amendment to his motion. Mr. Weidner seconded the motion; motion passed unanimously. Case No. V/98-10 A variance for relocation and expansion of a second residential unit on an 8,302 square foot lot (10,000 square feet reqUIred) in the RB Duplex ResidentIal district at 216 W. Wilkins St. Marcia Kilbourne, applicant. Ms. Kilbourne was present. She objected to the conditions of approval relating to grading/drainage. She said she was not doing any excavation of the lot. Mr. Russell said that such a conditIOn IS standard procedure if the applicant is putting soil against the wall as shown in submitted plans. Mr. Russell suggested removing conditIOn of approval No.3, since it is repetitIve, and addmg language "if grading is proposed" to conditIOn of approval No.5. Ms. Kilbourne explained that due to water problems, the duplex unit was moved from the basement, and a new unit constructed behind the garage. The basement will now be used as a famIly room. Mr. Zoller asked why a variance is required. Mr. Russell said a variance is needed since the request involves enlarging/intensifying a non-conforming use, specifically increasing the duplex unit from one to three bedrooms. The main point of discussion centered on the fact that building permits have been issued for the project. Ms. Kilbourne stated that she had the permits and was not told that a variance was needed. Mr. Weidner said the only issue for the Planning Commission to consider is whether to allow expansion of a nonconforming use. The issue of the applicant being granted buildmg permits and not advised that a variance was required is an issue for the City CounCIl to deal with, he said. Mr. Wald said the problem is not the applicant's fault - she is caught in the middle. Mr. Zoller moved to approve case No. V/98-10, eliminating condition of approval No.3 and adding language "if grading is proposed" to condItion of approval No.5 (No.4); Mr. Zoller said he was making his motion of approval based on the hardship created by the water problem and the fact that a duplex existed before. Mr. Rheinberger seconded the motion. Motion passed 4-2, with Mr. Weidner and Mr. Fontaine voting no. '7 Case No. V /98-11 A variance request for reduction of a drainage/utility easement to accommodate construction of a swimming pool in the rear yard of a single-family residence at 263 Pineridge Lane in the RA Single Family Residential DIStriCt. Todd and Kristine Wilson, applicants. March 9,1998 . Mr. Wilson was present. He explained that the variance request does not just pertain to the pool, the requested variance is needed to allow the Wllsons to utilIze theIr backyard. He said when they signed the purchase agreement there was no mention made of a conservation easement; the Wilsons thought the easement on the property was a typical utilIty/drainage easement. The request is to fill 25 percent of the easement and place a drainage system under the fill. Mr. Wilson saId If he had been told there was a conservation easement on the property, he never would have purchased the property. SIgne Cowan, Crestwood Terrace, stated neIghbors were very concerned about protectmg the wetlands when the development was proposed and worked hard to obtarn protection measures Mr. Zoller also pomted out that the City CouncIl made an agreement WIth Trailhead Development Co to obtain the wetland protection measures. Members suggested that Mr. Wilson's real issue was with the developers. Mr. Rheinberger, seconded by Mr. Hultman, moved to deny the request; motion passed unanimously. .other busmess Mr. Rheinberger, seconded by Mr Wald, moved approval of the reviSIOns to the draft Home Occupation Ordmance; motion passed unanImously. It was agreed to schedule a publIc hearing on the proposed ordinance for the April Planning Commission meeting. . Mr. Rheinberger, seconded by Mr Wald, moved to adjourn the meeting at 9 p.m. Respectfully submitted, Sharon Baker Recording Secretary . . . . PLANNING APPLICATION REVIEW FORM CASE NO.V/98-11 Planning Commission Date: March 9, 1998 ProJ ect LocatIOn: 263 Pmendge Lane ComprehenSIve Plan DlstnCt. Single FamIly ResIdentIal Zonmg Dlstnct: RA Applicant's Name: Todd and Knstine Wilson Type of Application: Variance Project Descnption: A vanance for the modIfication (reductIOn) of dramage/utIlity/conservation easement to accommodate construction of a swunmmg pool m the rear yard. DiSCUSSIOn: Attached is a memorandum from Klayton Eckles, City Engmeer reviewmg the proposal to modify the utIlity easement. The report mcludes the convenants that were agreed up on at the tune the development was approved (December, 1996). RecommendatIOn: Demal Fmdings' The request does not meet the terms of the recorded ConservatIon Agreement for Interlachen HIlls 3rd Addition. Attachments: Application Form Memo from City Engineer CPC ActIOn on 3-9-98: 6-0 demal vJrt-// Case No: _ / / Date Filed: ;';iIjfj~! Fee Paid: 0/ . Receipt No. :. 5"9;Jt~ . PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 _ Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $.500 X Vanance ($70tlOO _ Comprehensive Plan Amendment*'t:500 _ Zoning Amendment* $300 Subdivision* $100+550/lot Resubdivislon $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. PROPERTY IDENTIFICATION . Address of Project de, 3 '?: t-..b.Yll We /..ANt. Zoning District Description of Project Assessor's Parcel No.~9tJ3:Jt:?tl3/Mh/ "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it IS granted and used. " Property Owne~~~u'- ~IS'h"K. W\L~N ,Representative MailIng Address~b 3 '-;:>INCJL1oc-c..lr-n...\C, S+'L'LVv~':Mcllling Address Telephone No 43l1-/..q01 Telephone No. Signature~cc-----b;P !~'- Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of BUildings Stones Pnnclpal Accessory Feet Total building floor Area sq ft EXisting sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided . RevIsed 5/22/97 . . . MEMORANDUM March 3, 1998 TO: Sue FItzgerald, Planner FROM: Klayton H. Eckles It e /' CIty Engmeer SUBJECT: Request for VacatIOn of Easement Lot 8, Block 2 Interlachen Hills 3rd AddItIOn Per your request I have reviewed the applIcant's submIttals on an easement vacatIon on the above referenced property. By way of background, other engineenng staff and myself spoke WIth this applicant regardmg the possibility of a swimming pool bemg constructed across the existing easement. We mformed the applicant that It was not pOSSIble to construct a sWlmmmg pool on an existing easement and that the only option would be to pursue a vacation of this easement. We also informed the applIcant that CIty staff would recommend denial of any request for an easement vacatIon, but that CIty staffwas not the deciSIOn making body. Apparently, the applIcant chose to request the easement vacation understanding that he did not have the support of the engmeering department. As the attachments show the easement exists for the maintenance, operation and protectIon of the storm water holdmg pond and wetland in the vicinity. Also, there IS a conservatIOn/scenic easement across the property that is in place to protect this area in its natural state. TIDs entIre wetland complex is meant to be maintained as a natural amenity Also attached is page three of the convenants, whIch shows Section 11 and 12, discussmg the lot easements and conservation easements that eXIst on these lots. Fmally, a copy of the conservation easement is attached as well as the drawing ofthe conservatIOn easement, all of WhICh have been filed and recorded with Washington County. GIven that the developer has gone to great lengths to design this wetland and storm water pond complex III a way to protect this area, as well as allow maximum development along its fringes, I see no practical way of achieving these same objectives while reducmg the area subject to protectIOn. Therefore the Engineering Department must recommend that the request for easement vacatIOn be denied. 't I ( (1- ~ ---:;0 .. r P ta V1. \ - .' GRo\PfIIC scAli: ""'- -.. '- . , . , ~l ,. .. I , '\ ) I " , , L-bt --- ........ LJC. ~~- , '" BAYBERRY .. J "C ft. I A "f:NUE .......- .'?' _'_ - I - '-.--..:] . i '. ('... ,> ~ - I , / (-- / I I I .' I I ) / / ",/ ~ : . i , " ,,," .~ ol... ~_ 4 _ 11:." INTERLACHEN DRIVE Ii ..a.....,. J' . 10' ~ I " -- ....... QI i -- -' . . ,/ 'r:l An. / /' ~~.--- . .' ..' -' ,- r , " , /--- " (~>. '-' -' -- ~:lc~OltVT'LJTIU >>CMC M( ~ 1" ,.. r.,.lClUCI J(~ =.i\"""n:....~~ti~ :; ~'nl';rj... NIl ~~ ~ ~":n~~.:"Ut[t;~:s.'A~~ ~'fu~vruhltfi 1\. Exterior desIgn should conform, as much as possible, with the natural - dings so as to put these premises to the most advantageous use. Exterior design shall be of e and quality to maintain and preserve home values within InterIachen Hills 3rd Addition. sting scenery, timber, and ground contours should be conformed with as much as possible. B. Driveways and parking areas shall conform as much as possible to natural grades. Driveways shall have blacktop or concrete surface. C. Lawn and landscaping shall conform as much as possible to the natural grades, with wooded areas preserved and native growth protected wherever practical. D. Minimum foundation area of houses shall be: One Story Construction..................................l,lOO Sq. Ft. Two Story Construction.................................. 800 Sq. Ft. Split Level Construction.................................l,OOO Sq. Ft. Minimum foundatIon areas will not supersede aesthetIc and architectural guidelmes or ordinance requirements of the CIty of StIllwater. E. All storage and outbUIldings must be approved by the Architectural Committee. All antennae, satellite dishes and other exterior reception devices must be approved for style and locatIon by the Architectural Committee. . F. Trees existing on any lot as of the date of this Declaration shall be cut only for the purposes of cleariug a building site. c.t." 6N ~ Section 10. Vehicle Storage., No boat, trailer, fishhouses, snowmobile, recreation vehicle, camper, canoe, or other vehicle shall be stored or kept on any lot except WIthin a garage or out I building except that residents may park on a temporary basis (less than one week) on a designated hard surfaceil ~nf ;'lrp":l Section 11. Lot Easements., Each lot shall be subject to permanent utility and drainage easements. All such easements shall jointly run in favor of and inure to the benefit of the owners of the adjacent lots, and any or all public authorities or utility companies maintaining or operating any utility facility upon such easement area. Section 12. Conservation Easements. Buyers and Owners are hereby notified that conservation easements exist on lots adjoining the wetlands and steep slopes. Land within the easement shall be preserved in its natural state. ectlOn ame an ress Si gns. All name and address signs shall be of a dignified character and shall not be over two square feet m size, unless otherwise permitted by the City of Stillwater. Section 14. Advertising Signs. No advertising sign of any kind shall be displayed in public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise a building during construction and sale. Section 15. Tanks., No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises must be buried or sufficiently screened to conceal them from the view of nelghbonng lots, roads, or streets. .' 3 - !f;- i- {, f ! " f\l~n:1"'" r 134 44 _ \ --\-- . \ \ ~o -- \s -1~ 13 0'00' 00" ")0 2 Jif '<t" ;:/ z~~ 7 .... (j:J 1'1 90:,~ eJI. p. "'- ~.~ :'---:::;:"fi 0:,0 0' . ~01' '-...... <.0, % ---- 1-~ ~. ~/ ~ o;~ 15 ~ ~ - "....c:::::.. -y \ .... '11.t ~~ (j:J .~~ \~ -~\~... ~ ,.,. <.0 '- V.O ... V' .~ v. ~ <3-. '7\ ~ 010 -o--~~ ~. '"'6' ~ --'\. - 11946" _ -- NB4'57'JI"W- ."~.:. :.: -,... .' ..... L. : '... ,/< " /,' .: '. . .... - . / VlETLAN D / AND UTILITY EASEMENT I 202 25 ) 00 7500 7500 ' \ 11800 '" 19/ '0 21 ,., 20 O'Jf- :; 18 o.~ LLil 'l::, N89'4156'w -- lw I -- - 385 73 - - G~ < ~~ \ I'~~ I ~~I I~~r ~~I \ Is s/ /10101 /s sl ~ L -- J L J L 00 750 7 11800 N 89' 235 72 -- \ 18' 35"W 11772 / 17 lj, I-~/ . \' ...,'.- ..,. .. C' . .- ~ t " :: J- :..l.'e. ,''',' ,.. / \.' j : . f f.... . ,,1-., ""'\ ... -.. ---~---- 1\ An A 1\. T TTl r"f ....'" c.:' . :; -- -,- _. 'n, _ 1177 ,,- N89'lfi1B 98 .1. . :'~ ~l..;'!('~! ~ .~~:1:;t .--: ."J:..~~ ~ '," ~.. ," :~');~ ; ';'"j' - -,.J;;'l- ~ #~..J:::". .:~,... , :t , , GRANT OF CONSERVATl~F.ASF.1\ITli'NT ! THIS INSTRUMENT is executed as of the day of December, 1996, by Trail Head Development Corporation, a Minnesota corporation ("Grantor"), in favor of the City of Stillwater, Minnesota, a municIpal corporation under the laws of the State of Minnesota, ("Grantee") RECITALS Grantor is the owner of land located in Washington County, Mmnesota, legally _ described as Lots 1 through 7, Block I, and Lots 1 through 23, Block 2, InterIachen Hills 3rd Addition (the "Property") Grantee is a Minnesota municipal corporation, authorized to accept and hold conservation easements pursuant to Minnesota Statutes Chapter 84C. Grantor WIshes to grant to Grantee certain conservation easements over and across certam portions of the Property, and Grantee wishes to accept such conservation easements. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency .. which are hereby acknowledged by Grantor, the parties hereto do hereby agree as follows. I. Grant. Grantor hereby conveys to Grantee the following easements: 0' A conservation easement over and across that part of: Lot 5, Block 2, lnterlachen Hills 3rd Addition described as beginning at the northwest comer of said Lot 5; thence easterly along the north line thereof 32 23 feet; thence southeasterly to a point on the southeast line of said Lot 5 distant 92 feet northeasterly from the southwest comer of said Lot 5; thence southwesterly along said southeast line 92 feet to said southwest comer of Lot 5, thence north 140.19 feet to the point of beginning Also, a conservation easement over and across that part of Lot 6, Block 2, lnterlachen Hills 3rd AddItIon descnbed as beginnIng at the southwest comer of said Lot 6; thence North 01 degrees, 00 minutes, 52 seconds West along the west line thereof 46 88 feet, thence North ,52 degrees, 40 ainutes, 49 seconds East along the northwest line of satd Lot 6 a dIstance of 92 feet, thence ~outh 43 degrees, 16 minutes, 50 seconds East 61.55 feet; thence South 74 degrees, 45 / / ~inutes, 36 seconds East 69 68 feet to the east line of said Lot 6, thence South 06 degrees, 53 / mmutes, 21 seconds West aloll!:r said east lme 41.96 feet to the southeast comer of said Lot 6, / thence North 89 degrees, 18 minutes 35 seconds West 176.74 feet to the point of beginning Also, a conservation easement over and across that part of Lot 7, Block 2, lnterlachen Hills 3rd Addition descnbed as beginning at the southwest comer of said Lot 7; thence North 06 degrees, 53 minutes, 21 seconds East along the west Ime thereof 41.96 feet, thence South 71 degrees, 23 minutes 32 seconds East 25.13 feet; thence North 61 degrees, 39 minutes 23 seconds East 110 17 feet to the northeasterly line of said Lot 7, thence South 40 degrees, 51 minutes. 03 seconds East 116 83 feet to the southeast comer of said Lot 7; thence North 89 degrees, 18 minutes, 35 seconds West 20225 feet to the pomt of beginning Also, a conSef\.;atIOn easement over and across that part of . Lot 8, Block 2, lnterlachen Hills 3rd Addition described as beginning at the most southerly corner of said Lot 8, thence North 40 degrees, 51 minutes, 03 seconds West along the southwest lme thereof 116.83 feet; thence North 44 degrees, 41 mmutes, 40 seconds East 140 51 feet to the northeast comer of said Lot 8; thence South 06 degrees, 47 minutes, 14 seconds West 189.68 feet to the point of beginning. Also, a conservatIOn easement over and across that part of Lot 14, Block 2, lnterlachen Hills 3rd AdditIon described as beginning at the most southerly comer of said Lot 14, thence North 06 degrees, 47 minutes, 14 seconds East along the west line thereof 80.69 feet, thence South 81 degrees, 19 minutes, 55 seconds EaSt 52 80 feet; thence South 22 degrees, 28 minutes, 45 seconds East 35.23 feet to the south lIne of said Lot 14, thence South 62 degrees, 13 minutes, 07 seconds West along said south line 85 feet to the point of beginning. Also, a conservation easement over and across that part of. Lot 15, Block 2, lnterlachen Hills 3rd AddItIon descn bed as beginnmg as the southwest comer of SaId Lot 15, thence North 06 degrees, 47 minutes, 14 seconds East along the west Ime thereof 119 86 feet to the northwest corner of saId Lot 15; thence North 62 degrees, 13 minutes, 07 seconds East along the north line of saId Lot 15 a distance of 85 feet, thence South 48 degrees, 25 mmutes, 30 seconds East 47 66 feet, thence South 89 degrees, 28 mmutes, 12 seconds East 10071 feet to the northeasterly Ime of 2 c .. . . ) . - - - --- -.~ ~-'-~~=-a Lot 7, Block I, lnterlachen Hills 3rd Addition lying easterly of the following described line: commencing at the southwest corner of said Lot 7~ thence South 89 degrees, 18 minutes, 35 seconds East along the south Ime thereof 218.39 feet tot he point of beginning of the line to be described~ thence North 29 degrees, 16 minutes, 13 seconds West 111.93 feet to the north line of said Lot 7 and said line there terminating. SUbj~emenls' reservatIOns and restrictions nf record, reservations, If any. 2. Restrictions In connection with the easement rights herein granted, Grantor, its heI cessors and assigns, hereby covenants and agrees to refrain from installing fences of any kind whatsoever, to refrain from altering the grade of the natural terrain, and to refrain from cutting, destroying, or removing foliage or vegetation of any kind whatsoever except noxious or offensive weeds and dead, diseased, or damaged trees from the above described easement areas (except to the extent necessary to install utllities) without prior written consent of Grantee. 3. AcceDtance. Grantee hereby accepts the conveyance of such easements on the terms and conditIOns hereof. . IN WTINESS WHEREOF, the parties hereto have caused these presents to be made as of the date and year first above written. AI DEVELOPMENT CORP. By I ~l~'--\, It~/I u //YL)./J , U CITY OF STILLWATER, MINNESOTA By Its . 5 t- Z w ~ w (/) ~ w CXl ('oj r-. mil') CXlt') ('oj z 0) .).,...:....~~ ~ 1U~ , - [>-<' "I" ~ ~o.'? W' " " , ' I N ~ A" 9 /~)' '0 o 'OOUl o - oo~ 00- ,r.u:>'" \I II \I <Jo:...J - - - - - N"'4f..S7~ -7586 / / / / / ... r-. to ~ QI ~ \ o 'Z . ~ . ..':~~~ .J,J:,: ,~ \.... ..il QQ Q" Q) 0) CXl r-. 17 ro . ".,~...~ &:.1 n.t .'-. ~ t -00 ..rl co ~ ~....oo~ . ! / I ~ /" c I ; I OOVr r-- -.0 ~ ..~"QQtL <0 I 10 o I~ uuvrr -tO~ _ ---.3.. <; U.t. OQIL.. <0 l /0 Ir-. J <0 -. /0 o Ir-. _ _,,~. _ __ J 1 }- t --/1'l l___jF)! I~ If op ~fb' ~ .". IJ~ ~ '--N :: , ~ :- o o CXl .- ----- - r ,. ~ ~. ,L . ' 00 vf l :'; 3w <;fl, L ....OON o N -, , ,.Or ~.~......, I ... . mJfr L- , SL.lt>:QQ.tL N N O{)R l - ---.3.. <; ULOO!:L t') N 01 I I c c I~ ~ 0 .- 0 - -1 ~~ I ~l ~ <0 ~ <0 . . . . . f: ,~ Stillwater City Hall 216 North Fourth St. Sttllwater, MN 55082 . Attn: Mayor Kimble . . 3~ 10-98 Dear Mayor Kimble, I'm taking the time to write you this letter in hopes that you as our Mayor can assist us in becoming happy Stillwater citizens. My name is Todd Wilson. I, my wife Kristine, and my two sons purchased a new house in this city on 1-2-98. Our current address is 263 Pineridge Lane. In order for you to fully understand our frustration and unhappiness I must start from the beginning. On November 6th, 1997 my wife and I signed a Purchase Agreement with Avalon Homes to purchase their current "Model" home that was under construction. Avalon Homes is the exclusive builder in the Intertachen Hills 3rd Addition. Our lot is officially listed as Lot 8, Subdivision 2. The developer of thIS development was Trail Head Development Corporation. The developer sells the lots a few at a time to the builder so that the builder can turn around and sell the lot and a home to people like ourselves. When my wife and I signed this Purchase agreement we received a set of "Covenants" and a "Certificate of Survey". Immediately I noticed the drainage and utility easement that was listed upon the certificate of survey. This easement was of great concern to me do to the fact that it was within 15' of my walkout basement door. Being concerned I proceeded to WashIngton County to pay for a photocopy of the "Official Plat" for this development and my lot in particular. Upon receiving this plat I noticed that Lots 5,6,15,17,18 are designated wetlands. The "Official Plat" also contains an area that says "Drainage & Utility Easement". There are arrows drawn on this plat pointing to the lots that pertain to this drainage easement. The lots that these arrows point to are lots 7,15,17,19. They do not point to Lot 8. Once I read the "Official Plat" that was given to me by Washington County, I assumed I had no worries. Just to be on the safe side of things I contacted Avalon homes and asked to view their copy of the title search that listed any and all items pertaining to my lot 8 that I was purchasing. Their paperwork listed a State of Minnesota Division of Water Protected Wetland Area No. 30600 in the northeast corner of outlet A, as shown on the recorded plat of Intertachen Hills 2nd Addition. After viewing this document I was now reassured that I had nothing to worry about pertaining to any questions regarding my lot. My concerns on the lot were justified as I had to have a lot that I could construct an inground swimming pool on. I own a swimmIng pool company and it is a necessity that I display a pool in order to sell swimming pools. At this time I paid Avalon homes $11,000 for a down payment on the home and to cover the costs of the improvements we requested. Our ~ome in Oakdale sold in 4 days and we had a set closing date for the two homes on 1-2-98. On 12-20-97 I received a copy of my title search from Burnet Title on our new home and property. Upon reading this I noticed my title company listed a Grant of Conservation Easement in favor of the City of Stillwater as document # 915773 on December 27th, 1996. This document was recorded and became official at 4:35 p.m. on 12-27-96. My Title Company also goes on to list and I Quote'"A portion of the property contains wetlands which may be subject to federal,state,or local regulation. The right to use or improve these weUands is excepted herein." Upon reading this I got very nervous. I immediately went back to Washington County and asked to purchase a copy of the listed document # 915773. In reading this document it listed that my lot had a "Conservation Easement" upon 50% of my land. It also listed that the guidelines pertaining to this easement do not allow me to improve or alter this land. After reading this document I went to the Stillwater City Hall to ask a few questions. I met with two City employed engineers and they explained to me that in order for the developer to be granted the permits to construct this . . . development, they had to give the City of Stillwater rights on certain lots. They also told me that another condition pertaining to the issuing of the permits were that the developer was required to post conservation easement signs upon all lots containing said easements prior to the selling of any lots. I was told the purpose of the signs were to make it very obvious to potential buyers what lies upon their property. I want you to know that those signs did not go up until 2-25-98. That was 5 months after the first home was already constructed. At this point I contacted Avalon Homes and informed them of the .Conservation Easemenf that encompasses 50% of my property. I informed them that I wanted to back out of the purchase agreement. They would have allowed this but I would have to forfeit my $11,000 upgrade payment. I also found out that I could not rescind on the sale of my existing home in Oakdale. At that point my hands were tied and I had no choice but to purchase this house. I want you to know that Avalon Homes in my opinion did not deceive me. Their title work does not show this conservation easement on it. I have a copy of this in my possession. At this point I own a $210,000 home sitting on roughly 20,650 sq.' of land that I paid $56,000. I have an unusable piece of land (10,205 sq') that I must pay tax on yet I can't even use or improve this land. Please explain to me how a City or County or State can require me to pay a tax on a piece of property that I can not use. I'm very upset in the fact that every city person I've tried to deal with and get some answers to my questions, simply does not care about the hardships me and my family have gone through. I've applied for a Variance and to tell you the truth, your planning commission did not even care about my circumstances. They listened more to the lady that protested my variance. This lady does not even live in our development. Needless to say they disapproved of my variance. Here are the facts again: Official Plat does not list my lot having a Conservation Easement upon it, Avalon Homes who sold me the land does not have a Conservation Easement upon their paperwork, Trail Head Development does not honor the City of Stillwater requests by placing the easement signs upon the lots in question before any lots are sold (signs go up day after I submit for variance). That is approximately 15 months after the variance was granted to Trail Head. My title company submits me official paperwork that states that I have the right to .use and improve. these wetlands. To give you some sort of idea what this variance means to me and my family, I'm willing to purchase the rights of 1700 sq' back from the City of Stillwater for $3,000. Remember that I'm requesting 1700 sq' on an easement that covers 10,205 sq' of my titled property of 20,651 sq' that I've already paid $56,000 for. My previously supplied drawing would not alter the drainage of water into the pond on my property, nor would the area that I'm requesting to purchase destroy or take away any amount of water that the pond is designed to hold. All I would be doing is what my title company listed in writing that I can do: USE AND IMPROVE THESE WETLANDS. In closing, I'm supplying you with the following items; Pictures of my property, Avalon Homes title paperwork supplied at closing when they bought my property from Trail Head Development. Note: This paperwork does not list an easement. My title paperwork supplied to me at closing listing my rights to .use or improve these wetlands., and a copy of the Official Plat that I received from Washington County, and a copy of the planning commission notice meeting pertaining to my variance. In givmg you the respect as the Mayor of Stillwater I've written you this letter. I'm in hopes that you will give me the same respect as a citizen of this city by responding in written form. If you desire, my wife and I would be willing to meet with you in person. Sincerely, Todd J. Wilson Kristine M. Wilson . . . MAGNUSON LAW FIRM LICENSED IN ;\IINNESOTA -\ND WISCONSIN , THE DESCH OFFICE Bl rLDI'W 333 NORTH MAIN STREET. SUTE #202. PO Bo'\ -U8. STILLWATER, MN 55082 TELEPHONE (612) .+39-9.+(H. TELECOPIER (612) 439-5641 DAVID T. MAGNUSON MEMORANDUM RICHARD D. ALLEN TO: Mayor, City Council and Staff J David T. Magnuson, Stillwater City Attome~ FROM: DATE: April 7, 1998 SUBJECT: Easement Acquisitions for Trunk Utilities The City was successful in obtaining most of the easements without the payment of compensation. We received appropriate easements from Independent School District 834, Newman Realty, Kroenings, TraIlhead Development for Neal Meadows and the Agreement to convey a temporary easement from Mike Adams. We have reached agreements for the payment of compensation to the following people and we would request approval of payment as outlined in this memo. The amounts of compensation were derived by Shawn Sanders, who worked with the County Assessor. The Development Agreement with CPDC and Pemtom requires that the City be reimbursed for the costs associated with obtaining these easements. They are as follows: I. Parsons - We need a slope easement from Parsons and have worked with theIr lawyer, Jeanne Anderson. We've agreed that the sum of five hundred and nollOO dollars ($500 00) is appropriate, in addition to the sod restoration since this easement is in the Parsons' back yard. It would be possIble to work entirely in the adjacent City easement without this temporary easement but significant costs can be saved by obtaIning this temporary right to work. We ask for approval of this payment. 2. Munkelwitz - A tentative agreement was made with Munkelwitz that needs City Council approval. It calls for the sum of fifteen thousand and noll 00 dollars ($15,000.00) being paid to Munkelwitz upon proof oftitle. Munkelwitzs have signed the agreement and we submit the right-of~entry agreement for City consideration and approval. If the fifteen thousand and noll 00 dollars ($15,00000) payment could also be approved, it would be paid over as soon as proof of good title is supplied by the Munkelwitzs We ask for approval of the agreement and the payment. . Mayor, City Council and Staff Page 2 April 7, 1998 3. Minnesota Zephyr Railroad - An eighteen thousand three hundred forty (18,340) square foot easement is needed and the railroad has tentatively accepted the City's offer often cents ($.10) per square foot plus an additional five hundred and no/IOO dollars ($500.00) for the Zephyr's attorney's fees incurred in the process of reviewing the easement documents. This would amount to one thousand eight hundred thirty-four and noll 00 dollars ($1,834.00) for compensation and five hundred and noli 00 dollars ($500.00) for reimbursement for attorney's fees. We ask for approval of the payment conditioned on the Zephyr's conveyance of the easement. 4. Gallmeier - We have significant problems with Gallmeier hinging around the City's desire to include a walkway easement over the sewer easement. The Gallmeier's parcel has five (5) acres being two hundred fifty (250) feet wide and twelve hundred (1,200) feet long. The easement would be over the easterly twenty (20) feet of Gallmeier's entire twelve hundred (1,200) feet and the owners feel the walkway aspect of the easement would be extremely intrusIve into their lives. We would like to discuss with the City Council whether to modify the easement to eliminate the walkway. . DTM/ds . . . . AGREEMENT FOR RIGHT OF ENTRY This Agreement, made this ;)7 't-ctay of ./kv'.....t {,,f , 1998, between the City of Stillwater, Washington County, Minnesota, ("City") and Floyd M. Munkelwitz and Judith Munkelwitz, husband and wife, ("Owners"). a/k/ a Floyd w. MU~kelwitz I. The City is desirous of an obtaining easement over property of the Owners set forth on the attached Exhibit "A" (the "Easement") for the purpose of the installation and maIntenance of a sewer line. 2. The Owners are desirous of avoiding damage to their adjacent property described in Exhibit "B" (the "Property") and to be adequately and justly compensated for the taking of the Easement. 3. The City is desirous of constructing the improvements at this time and certain negotiations have taken place between the City and the Owners in order to resolve their differences with regard to the damages the owners will suffer because of a taking. 4. The Owners are vested in fee simple to the real estate, described on Exhibit "B" and they hereby agree to peaceably grant a right of entry to the City over the easement area descnbed m Exhibit "A" upon the execution of this agreement on the following conditions a. The City will satisfy itself that title is marketable and the Owners will present to the City a partial release from any mortgage or other encumbrance. b. Upon satisfaction of the condition described in (a.), pay the sum of fifteen thousand and no/lOO dollars ($15,000.00) to the Owners within sixty (60) days of the SIgning of the Right of Entry and upon delIvery of an executed easement m the form and content described in Exhibit "A" 5. Further, this Agreement, when signed by the CIty and Owner, will grant to the City the immediate right to enter upon the easement area to test and to begin construction. 6. The City also agrees to reimburse Owners for the actual out-of-pocket expenses mcurred for the appraisal ordered by the Owners from William Schwab for the purposes of thIS easement acquisitIOn by the City. 7. The City also agrees to arrange for the contractor to remove trees that are in the path of the improvements with a tree spade and to replant these trees on other parts of the Owners' property. The City will insure that the contractor will meet and confer with the Owners with regard to the new location for these trees. I . . . " 8. The Owner may hookup to the adjacent City sewer that will be constructed in the easement for the sum of two thousand five hundred and no/1 00 dollars ($2,500.00). This sum is inclusIve of all trunk or core charges, laterals, and other public costs associated with the installation of and hookup to the system. This limitation will not apply to additional sites on the Owners' property that result from the development or subdivision of the property. 9 The Owner may also hookup to the City municipal water system for a hookup charge of two thousand five hundred and no/1 00 dollars ($2,500.00). This charge is inclusive of all trunk or core charges, laterals and other public costs associated with the installation of and hookup to the system. This limitation will not apply to additional sites on the Owners' property that result from the development or subdivision of the property. 10. The City agrees that no assessment will be levied against the Owners' property as a result of the installation of utilities in the adjacent easement or other public work assocIated with thIs improvement project. This limitation will not limit the city from establismng a hookup charge that will be collected from property that is developed or further subdivided with the area benefitting from the improvements. ilr11P/~U '~ Floy /. M. Munkel~tz ' fj Judith Munkelwitz (j a/k/a Floyd W. Munkelwitz Subscribed and sworn to before me by Floyd M. Munkelwitz!and Judith Munkelwitz this ;2. ~76 day of ~~ h , 1998. /~d~C/'~ NOtary Public I CITY OF STILLWATER .~~ i ~.:. Notary PUOlle - Minnesota " y CommISSIon I:Xplres 1/3112000 Jay L. Kimble, Its Mayor Modi Weldon, Its Clerk Subscnbed and sworn to before me by Jay L. Kimble, Mayor, and Modi Weldon, Clerk, this day of . 1998. Notary Public ATTEST. DavId T. Magnuson Attorney for the City of Stillwater 2 . . . EXHIBIT" A" \ ~ A permanent utility/over, under and across the E yz of the NE 14 of the SE 14 of Section 19, TO\'v'TIship 3.0, Range 20 descnbed as follows: A pemlanent easement being 10 feet on both sides of the following described line, Beginning at a point on the southerly right-of-way line of the Minnesota Transportation Museum, Inc, distant 125 feet easterly of the west line of said E Y: of the NE ~ of the SE Y4 as measured along said southerly right-of-way line; thence in a southerly direction to a point on the southerly line of said E Vz of the NE 14 of the SE \14 distant 250 feet westerly of the NW comer of Lot I, Block 3, Neal Nfeadows. Together with a temporary construction easement being 15 feet in width lying easterly of and contiguous to the above described permanent utility easement. Also a permanent utility being a 30 foot strip, in the E yz of the NE ~ of the SE \14, b~ing southerly of and adjacent to the southerly right-of-way line of Minnesota Transportation Yfusewn Inc. right-of-way. Together with a temporary construction easement being described as the southerly 150 feet of the northerly 180 feet of the easterly 425 feet and the southerly 15 feet of the northerly 35 feet of the westerly 110 feet of the easterly 535 feet of said E yz of the NE ~ of the SE 14. EXHIBIT" A" 83/18/1998 13:40 . ~--- '- -- 43El881El ........ - o ... CITy GF STILLWATER PAGE: 84 U1 ... ........ 1t.~ ~~ i ... N~ ~ ~~ i "" ~~ 4 , R~ ~ 13 ~~ I !: I ........ I ~~ N ~~ P .~ g "'1~ :"1:'"1 STIll \JA TER i"1.J ~ T I 140G92 i'1 30 r" 30 ~ . :!c NEAL AVENUE NCRTH g; 1.6, 96 !OS 00 LOS 00 ......... EXHIBIT liB" .... " r\ ~ ~,~ \) ..... -', . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202. PO Box 438. STILLWATER, MN 55082 TELEPHONE (612) 439-9464. TELECOPIER (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO Mayor, City Council and Staff David T Magnuson, Stillwater City Attorney ~ FROM DATE April 3, 1998 SUBJECT Wilson Variance The recorded plat ofWilsons's lot shows the boundary of the wetland easement The easement was properly recorded and also is noted as an exception to Wilson's title insurance certificate This means that use of the lot is subject to the rights granted in the easement. The easement w,,"s created pursuant to the Conservation Statute, M S. 84C, and is a valid easement As with any easement held by the City, the Council has the discretion to release or modifY its terms The test should be whether it is in the public interest to release part of the easement, not whether it is in the best interest of the burdened property GRANT OF CONSERVATION EASEMENT ~~ I~ 3-t-d~ 41 7~ f-<<,S;;LlLj rc (OJ /g't~ . THIS INSTRUMENT is executed as of the day of December, 1996, by Trail Head Development Corporation, a Mmnesota corporatIOn ("Grantor"), in favor of the CIty of StIllwater, Mmnesota, a mUnICIpal corporation under the laws of the State of Minnesota, ("Grantee") RECITALS Grantor IS the owner of land located m Washington County, Minnesota, legally descnbed as Lots I through 7, Block I, and Lots I through 23, Block 2, lnterlachen Htlls 3rd AdditIon (the "Property") Grantee IS a Mmnesota mUnICIpal corporatIon, authonzed to accept and hold conservatIOn easements pursuant to Mmnesota Statutes Chapter 84C. Grantor WIshes to grant to Grantee certaIn conservatIOn easements over and across certam portIOns of the Property, and Grantee WIshes to accept such conservatIOn easements NOW, THEREFORE, for good and valuable conSIderatIOn, the receipt and sufficiency of which are hereby acknowledged by Grantor, the partIes hereto do hereby agree as follows: . I Grant Grantor hereby conveys to Grantee the following easements' .) A conservatIOn easement over and across that part of. Lot 5, Block 2, lnterlachen Hills 3rd Addition descnbed as begmning at the northwest corner of said Lot 5, thence easterly along the north lme thereof 32 23 feet, thence southeasterly to a point on the southeast line of said Lot 5 dIstant 92 feet northeasterly from the southwest corner of SaId Lot 5; thence southwesterly along said southeast lme 92 feet to said southwest corner of Lot 5, thence north 140 19 feet to the pomt of begmning Also, a conservatIOn easement over and across that part of Lot 6, Block 2, lnterlachen HIlls 3rd AdditIon descnbed as begmnlllg at the southwest corner of SaId Lot 6, thence North 01 degrees, 00 mmutes, 52 seconds West along the west lIne thereof 4688 feet, thence North .52 degrees, 40 mInutes, 49 seconds East along the northwest lIne of SaId Lot 6 a dIstance of 92 feet, thence . South 43 degrees, 16 mlllutes, 50 seconds East 61 55 feet, thence South 74 degrees, 45 -, . . . mmutes, 36 seconds East 69 68 feet to the east line of said Lot 6; thence South 06 degrees, 53 mmutes, 21 seconds \Vest along saId east lme 41.96 feet to the southeast comer of said Lot 6, thence North 89 degrees, 18 mmutes 35 seconds West 176.74 feet to the point ofbegmnmg Also, a conservation easement over and across that part of Lot 7, Block 2, lnterlachen Hills 3rd Addition descnbed as beginning at the southwest corner of said Lot 7, thence North 06 degrees, 53 mInutes, 21 seconds East along the west line thereof 41 96 feet; thence South 71 degrees, 23 mmutes 32 seconds East 25 13 feet; thence North 61 degrees, 39 minutes 23 seconds East 110 17 feet to the northeasterly lIne of said Lot 7, thence South 40 degrees, 51 mmutes. 03 seconds East 116 83 feet to the southeast corner of said Lot 7, thence North 89 degrees, 18 mmutes, 35 seconds \Vest 20225 feet to the pOInt of beg inn mg. Also, a conservatIOn easement over and across that part of. Lot 8, Block 2, lnterlachen Hills 3rd AddItIon descnbed as beginning at the most southerly comer of saId Lot 8; thence North 40 degrees, 51 mmutes, 03 seconds West along the southwest lme thereof 116.83 feet, thence North 44 degrees, 41 mmutes, 40 seconds East 140.51 feet to the northeast corner of said Lot 8, thence South 06 degrees, 47 minutes, 14 seconds West 189.68 feet to the pomt ofbegmnmg Also, a conservatIOn easement over and across that part of. ') Lot 14, Block 2, lnterlachen Hills 3rd Addition described as beginning at the most southerly comer of said Lot 14; thence North 06 degrees, 47 minutes, 14 seconds East along the west line thereof 80.69 feet, thence South 81 degrees, 19 minutes, 55 seconds East 52 80 feet; thence South 22 degrees, 28 minutes, 45 seconds East 3523 feet to the south line of said Lot 14, thence South 62 degrees, 13 minutes, 07 seconds West along said south line 85 feet to the point of beginning Also, a conservation easement over and across that part of Lot 15, Block 2, lnterlachen HIlls 3rd AddItion descnbed as begmnmg as the southwest comer of said Lot IS, thence North 06 degrees, 47 mInutes, 14 seconds East along the west lIne thereof 119 86 feet to the northwest corner of said Lot 15, thence North 62 degrees, 13 minutes, 07 seconds East along the north lme of said Lot 15 a distance of 85 feet, thence South 48 degrees, 25 mInutes, 30 seconds East 47 66 feet, thence South 89 degrees, 28 mmutes, 12 seconds East 10071 feet to the northeasterly lme of 2 . SaId Lot IS, thence southeasterly 129.04 feet along said northeasterly lme to the most easterly corner of saId Lot 15, thence South 66 degrees, 36 mmutes 00 seconds West along the southeasterly lme of saId Lot 15 a dIstance of 75.77 feet; thence North 89 degrees, 18 mmutes, 35 seconds West along the south lme of said Lot 15 a distance of235.75 feet to the pomt of begInning . Also, a conservatIOn easement over and across that part of Lot 16, Block 2, lnterlachen HIlls 3rd Addition descnbed as beglnnmg at the northwest corner of said Lot 16, thence North 66 degrees, 36 minutes, 00 seconds East along the northwest line thereof 75 77 feet to the northeast corner of SaId Lot 16, thence South 23 degrees, II mmutes, 49 seconds West 75.15 feet, thence southwesterly 42 93 feet to the west line of said Lot 16, thence north along said west line 53 feet to the pomt of begmning Also, a conservation easement over and across that part of the northerly 53 00 feet of Lot 17, Block 2, lnterlachen HIlls 3rd Addition Also, a conservatIOn easement over and across that part of Lot IS, Block 2, lnterlachen Hills 3rd AddItion . described as beginning at the northeast corner of said 'Lot 18; thence south along the east lme thereof 53 feet, thence west liS 71 feet to the west line of said Lot 18, thence north along SaId west lme 40 feet to the point of begmnmg Also, a conservatIon easement over and across that part of Lot 19, Block 2, lnterlachen Hills 3rd Addition Also, a conservatIon easement over and across the northerly 40 00 feet of. Lot 20, Block 2, lnterlachen HIlls 3rd AddItion Also, a conservatIOn easement over and across that part of Lot 21, Block 2, lnterlachen HIlls 3rd AddItIOn descnbed as beglnnmg at the northeast corner of SaId Lot 21; thence south aloJ;lg the east line thereof 40 feet, thence northwesterly 81 58 feet to a pOint of the west line of said Lot 21 . 3 " . . . distant 10 feet south from the northwest corner thereof, thence north along said west lme 10 feet, thence east along the north of said Lot 21 a dIstance of 75 feet to the point of beginning. Also, a conservation easement over and across that part of the northerly 10.00 feet of: Lot 22, Block 2, lnterlachen HIlls 3rd Addition Also, a conservatIOn easement over and across that part of the northerly 10 00 feet of' Lot 23, Block 2, lnterlachen Hills 3rd Addition. Also, a conservation easement over and across that part of: Lot 4, Block I, lnterlachen HIlls 3rd Addition lymg easterly of the following described line: commencing at the most southerly comer of said Lot 4; thence North 56 degrees, 37 minutes, 43 seconds East along the south lme thereof 120 feet to the point of beginning of the line to be described, thence North 31 degrees, 58 minutes 51 seconds West 87 05 feet to the north lme of said Lot 4 and said line there termmatmg. Also, a conservatIOn easement over and across that part of: Lot 5, Block I, lnterlachen Hills 3rd AddItion 'Y' lymg easterly from the following described line: commencing at the southwest corner of said Lot 5, thence North 70 degrees, 59 minutes, 00 seconds East along the south line thereof 132.75 feet to the pomt of beginning of the lme to be described, thence North 31 degrees, 58 minutes, 51 seconds West 117.59 feet to the north line of said Lot 5 and said line there terminating Also, a conservation easement over and across that part of: Lot 6, Block I, Interlachen HIlls 3rd Addition lying easterly of the following descnbed lme Commencing at the southwest corner of said Lot 6, thence North 83 degrees, 53 minutes, 16 seconds East along the south line thereof 166 06 feet to the point of beginning of the lme to be described, thence North 29 degrees, 16 minutes, 13 seconds West 115 17 feet to the north lme of said Lot 5 and said line there termmatmg Also, a conservatIOn easement over and across that part of 4 , Lot 7, Block I, Interlachen Hills 3rd Addition . lymg easterly of the following descnbed line' commencmg at the southwest comer of said Lot 7; thence South 89 degrees, 18 minutes, 35 seconds East along the south lme thereof 218.39 feet tot he pomt ofbegmmng of the line to be described, thence North 29 degrees, 16 minutes, 13 seconds West Ill. 93 feet to the north line of said Lot 7 and said line there terminating Subject to easements, reservatIOns and restnctIOns of record, reservatIOns, If any 2 RestrictIOns. In connectIOn wIth the easement rights herein granted, Grantor, Its heirs, successors and asSIgns, hereby covenants and agrees to refrain from installing fences of any kind whatsoever, to refraln from altenng the grade of the natural terraIn, and to refram from cuttmg, destroymg, or removmg folIage or vegetatIon of any land whatsoever except noxious or offenSive weeds and dead, dIseased, or damaged trees from the above described easement areas (except to the extent necessary to install utilItIes) wIthout prior wntten consent of Grantee 3. Acceotance Grantee hereby accepts the conveyance of such easements on the terms and condItions hereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be made . as of the date and year first above wntten AI DEVELOPMENT CORP. By ~ lUk.L~^,---~ I tk /1 U ,()I\.,.W J U \~ . I CITY OF STILLWATER, MINNESOTA J!, ~ 0\",.L ~~-b By /~Z:y/ ~ Its// ~~LY1.J V / '/ () UJJ1NJ , cj.L{ju ./ . 5 , . STATE OF ~IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /3 -& day of December, 1996, by c;4.O<toD M. ill~ -:ro<". , the <?'C"'~i."'e.,^-T" of Trail Head Development Corporation, i'MinnesotaJcorporation, on behalf of the corporation. . . I (v':~~.~", REBECCA M. BJORDAL I ,~... - ....So ~~~; "lOTAAY PUBUC-MINNESOTA ~~~ HENNEPIN COUNTY : : / My r;o"lmlsslon tlplras Jan 31,2000 . . ~ N\..~~ Notary Public ~ STATE OF :rvfINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Oi The foregomg instrument was acknowledged before me thIS ~ day of December, 1996, by v(1.v, L, 1<', "" h/'e,./ and 1110 LL,' w~J iJ"J , the (YJ ~ fl t) and CJ L-(1.-1~ of the City of Stillwater, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation . NILE L KRIESa NOrMY PU8lIc-MINNESOTA WASHINGTON COUNTY My Commission Expires Jan. 31. 2000 . /;//d/ rX~ No{ary Publi~ ' TIllS INSTRUMENT WAS DRAFTED BY. Paul S. Moe Faegre & Benson 2200 Norwest Center 90 South Seventh Street Mmneapohs,:MN 55402 MI 020801001 . 6 , CONSENT . The undersigned, as the holder of a Mortgage dated , 19--, filed , 19 _ as Document No in the Office of the Washington County Recorder, does hereby consent to the easements and terms of the foregoing Grant of ConservatIon Easement and agrees that the hen of the Mortgage is subordinate thereto. Dated \r~ - l ~ > 1996 CENTRAL BANK B ~.!JLR y , ~f~. STATE OF ~fINNESOTA ) ) ss. COUNTY OF f-'efl '(\WI r\ ) . The foregomg was acknowledged b~re me,this 10 '\1ay of December, 1996, by ,.je((' 1...\ \--\en-\C\€'<\ , the \:'r.e:')Y\p.~ of Central Bank, a . Minnesota bailicing assod'5tio~, on behalf of the association. .') ~(!J7Z~ Notary Public re SHANNON L NIEs09 NOTARY PUBUC - MINNESOTA . . SCOTT COUNTY X, $ . My Commission expires .....,(r. . January 31, 2000 , ~ . 7 , . . . CONSENT The undersigned, as the holder of a Mortgage dated . 19-J filed , 19 _ as Document No. in the Office of the Washington County Recorder, does hereby consent to the easements and terms of the foregoing Grant of Conservation Easement and agrees that the lien of the Mortgage is subordinate thereto. Dated' ;Jte-n..hetl /f,. 1996 SECOND WILLIAMS FINANCIAL CORPORATION By (l; ~ Iti/ ;/1~f'. dt '" -r v STATE OF MINNESOTA) _ ( \ .) ss COUNTY O~1.~U ) ,?l Th,e-foregomg w"J' acknowledged befon me this J b "'j.day of December, 1996, by '---t1~ LJ r --'-_~ . the ~,hUl-(__1l.t~J of Second WIllIams Fmangial Corporation, a ~~A-Corporation, o~ behalf of the corporation. ,> \ . (hUA/lC) ~h_ N \, P b/l' t/ I otary U IC MI 020801001 ~/_';:':\tJ' 'tv".,'.'\,' "/IVe' /_',., '\^'VI'/INVVI!I1l :> /"'-:, /'A-1'(J P' 'I~I' I <. \ I. \ " , r',. r\ S\:'~ I t:2i,'\;:;Y F:J=~!i'::-': :;iIESOTA ~ '-:.-/ J-1~) 1\~?'\J :Cr~'JTY ','" .....-...,.. - < '''I C, ",,,'~~ ':'~ .:;S Jc~ 31,2000 'at ,,^,^,.,.., \tV./' ./'It'/ r. v....\. '." 'At\/\. ...,'M.J V./V\I\IV\IVv )C 8 ~ . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 04/03/98 Re: Appointments to Human Rights CommiSSIOn The Human Rights Commission is composed of eleven members; two must be students who attend school in Independent School District 834. There are currently two vacancies for youth members. These terms will expire on August 20, 1998. As dIrected by CounCIl, a request for applicatIOns to fill the two vacancies for youth positions on the Human Rights Commission was again published in the Gazette and the Courier . The advertisement listed possible appointment at the March 3 meeting. However, the Human Rights Commission requested the appointments be postponed to the April 7 meeting to allow time for the Commission's review and recommendation The recommendations of the Commission are attached. The following applications were received: Mike Arney, 2240 Orwell Court; Jake Anders, 504 N. 2nd Street. Dustin Wahlstrom, 306 Laurie Court, and Dana Ross, 8040 Neal Avenue N Action Required' There are two vacant youth positions. If Council chooses to make appointments, a resolution would be required appointing each youth member to fill the unexpIred portion of a one-year term to expire August 20, 1998. . 1 ~ ~ STUDENTS APPLY NOW FOR THE HUMAN . RIGHTS COMMISSION OPENINGS ApplIcatIOns are being accepted for two operungs for students on the Human RIghts CommISSIOn. These operungs are a volunteer pOSItIOn, appomted by the City Council Interested students WIlling to volunteer theIr servIces may pIck up an applIcatIOn at CIty Hall or contact the CIty Clerk at 430-8800 Human Rights Commission - The purpose of the Human RIghts commISSIOn is to aid and advIse the CIty CouncIlm ensunng for all cItIzens of the CIty equal OpportunIty m those areas protected by law and m other related concerns Each youth member wIll be appointed for a one-year term. Completed applIcations must be returned by no later than noon February 23, 1998 Commission appomtments WIll be made by the CIty CounCIl on March 3, 1998 . . ~ . \ ~.JJ , ) \\\)MAN RlG11'f. ~~ /'_'~ _, Sc <,..;. /~_~ ,', OA_ ...;;",',/' ~ "'74:,,. -..;" / /l .. .:.- ~ 'c, "'~ ~. 1 I' ,. ~ ;,' I ,\r;i~ l>~ 0, U lJ ~/ RESPECT DIGNIT\' Ji2~{}-1~V\LL-r'-bXuJy~ r ~- ~ JJIL ,~ rf;2G ~1.4 ~ -1 ')o~ .wJJ ~ I ~ ~T~' ttvI\V ~~~ (~ ~ ~ ~"y~L) /~~ ~ _ I r: J:J/._.0a.::-lJ.-,,,---, ) V /J-~UL ('-yvLJJ . ~ A OCl.~ )J CL/y'--~ --,,--~ jVuu ~ 0fc..U1.L~'l- 1~ {U~ ~ JU~ tyL/ ~~ ~ GkllW l~P~ j::L-I-/V\U; ~ L0~ _zdu.J 9--orlL.L-/ ~J t: ~ b ~~~ __ {u/ ~ .-S If II s, ~L~,--:' ( J I~C~1.- a~ FI r ) ,,)!\.-L-v<.-CL I -I Stillwater Hunnn R ah~ C V, c7JL-t- , Ie ~ omml~W)l1. StIllwater City Helll . 216 Nort . . i h FOUlth Street. StIllw,ner. MN 55081 L./ -3.1 -- 3'1 ta.- (A) .!l!.:, I - [, '1 J'.5 (-c ,-,Y ) . ~ Return to CIty of StIlI V,.1ter. 216 ~ 4th SL Stlll'Wakr. MN 55082 D.lte: 2/1788 . CITY OF STILLWATER APPLICATION FOR APPOINTlVIENT TO ADVISORY BOARDS AND COlVlMISSIONS '\,,1111C __~~ _____ ..\Jdrc"s 2240 Orwell Com1 f Iome I elerl10ne _ _ __ (612) ~______ \\ 01 k -I clephone _ _ ___ x f-Jov, long 11,1\ C : ou \1\ ed In StilhvJl\.:r') 1<r1L Yr'l/vlo 3__ \\l1leh WJIJ -') \VhJt Stillwater community .1ctlvltJeS have you been Involved In<) Vohmteer at Iakeview H<Slital -- --ChilAh- Patrol ---~ --~ .. . on ---~-- ~ --- - -- ~~~- ~-~-~-- -~------~----- ------ _ __ FirS:J~~_____ ~ Pl~.J')i.: dC~C[lbc ..\11: plt.'\IOU,-) e'p~n~JlCL :ou h\.l\L" \\111CI1 1') ~lnlltlr to ~LI\ll1g Oil \.1 \nlUlltt:~I .Jd\I~()r~\ hn~IlJ UH1il11h'lIOn . I am ~asa stl~L~, and tbiswould be my first experienre ona vohmteer boord. -t Do) ou have a preferred Board/CommissIon that YOll arc mtere'itt'd 111 'it.:f\ Il1g on') Ye~ X 1\0 Irvcs, till m name of Board;Commlsslon -- - - - HUman ~ Commission - student representative -- No X Yc~ .:; \Vould yOU c()n~ldcr cln .llternate appomtment') II yt.::,. \\l1lel1 one') PIe,I"e dC:'LTihc any :-,cheuulc contllcb \\.Ith the regualr mcetll1g scheJule'i tor the (I c. routlllC 11.1\'\.:1. \\or\... ~chcduk~ and the like) __---.l_an~~lQ!lJJ!~~sd1eduk;_____ ____ _________ _________ 6 bo,lrd fO 1ll1m I ",)IOIl" 7 \Vhv do YOU \\1:-,h to be OIl ,1 board!c()lllml~"'1on') _I~ ~'it~ijt~remvknowled2e ofQtNl~~ I am iu~~.i!I 1h~ ~Qf~~~1s wbim_isthe~ooI~to~on.__ u _____ _ _ _ _______ 1) Pk'a"c dt..'''CIIOC Zlm other rck\ant IIlfOlll1.ltlon \ lltl \$)uld IJI"c u" to "'l1m\ _ I ~ able to supply_~_~ reguiJ;ed . -- ~-. .... i\tt.lch ,\ddltl$!l,ll ~h':l'h ilIK'lC"dr:"" II I I \ I \ I OR llll f() \ Hili HI. 1>1\'1 Rllt{ I U) I () C()( \ ( II I \/) 1\' (I (SSlrl/ f) IS N'Rlll f) 17 1 - Deadline for applications is no later than February 23, 1998. . i.1.3' Return to' City ofgt~ater, 216 N. 4th St., Stillwater, MN 55082 . : ~' CITY OF STILLWATER . w :"~~PLICATION FOR APPOINTMENT '''') TC\iDVISORY BOARDS AND COMMISSIONS Name.-04 \-u A.yvJ..1-0 Address. :5[)l../ l\/. d.. ~d ~ \-. Date: ~/t3Iq8 Home Telephone G (?-.- LL3~ - 5?-?5 Work Telephone How long have you lIved m StIllwater? II.[ { YrslMo. -1- Wluch Ward 2 What StIlly.rater commumty activitIes have you been mvolved m? - :..' . -..\,' ~~~ \-\ r> ~Jt'.c;\-:; I (/"\ (~ r:.~. ',:'" ". 3 Please describe any previous expenence you have which IS simIlar to serving on a volunteer advisory board/commission. . 4 Do you have a preferred Board/Commission that you are mterested in serving on? Yes --L No _ If yes, fill in name of Board/CommIssion' H u ;. "./ M 1 ' r , '\ ... --~ C"", I........ 5 Would you consider an alternate appomtment? If yes, which one? Yes No 1.-0'...-,/ 6 Please describe any schedule conflicts with the regualr meetmg schedules for the board/commIsSIOns (i.e , routIQ.e travel, work schedules and the lIke) 1 .... .... ," ~ -. r. v-Q :;-'~.) (' ...... J :"" , ,/\ I ,.. '. ~- <". ~ /'\ I ; -' 7 \Vhy do you WIsh to be on a board/commIssIOn? - \,.... . ....."', I " .."') 't~ 1"'1,1'" I r--. ........ r __ , __;..1 T l '{ ~.. \ 8 Please descnbe any other relevant mformatlOn you would hke us to know . ** ** Attach AddlllOnal Sheets, If necessary** ** THIS INFORMA.TION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSInrD AS PUBLIC D.J T-l - Return to CIty of StIllwater, 216 N 4th St., Stillwater, I'vfN 55082 Date: 3> I \ CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMlVIISSIONS Name i>~-T\~_~M--,Q~Z.oM Address -3D'v tAl~~ C~~_R-\- . Home Telephone ~\ - \2\o-S Work Telephone t-f1- Y rs/T\1 0 2 What StIllwater commumty actIvIties have you been Involved In') ~~t,:~Mffi~~-2~0~~ ,__,_________ _ _n_ ,_____",,___,.._,_ ___ - --- - T~~{2_ r..~,-\-v. .Jt'I.-.,)\-4.~~ \J\k~~ 'Ne-N f ,~.2A~':'" N\.~~Wu\A~ M D:J. J1 C ;~-t2-.LIJ. A-1;~"J ,-\\ ~ 0. -, ( .../' \ -, - 'J How long have you lIved In StIllwater') WhIch Ward 3 Please descnbe any prevIOUS expenence you have whIch IS SImIlar to serving on a volunteer adVISOry boardlcomrlllssIOn ~ - - IhlJ\4 \ ~ 0j~ ~~O\..-, ~~y~O~ m\.i,sQ~ hP- Jf"1_-ivl, i';t--... \ A -I'" ,'\ I . " ~ \<';~ ~ \), SL- \-fro I ,/ n. __ 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 4+u.~WHf\ ?-w ~'L-t<, - ~~L1..J i2~-\:- - - ------- <J- ___n__ 5 Would you consider an alternate appointment? If yes, whIch one? Yes NoJ 6 Please descnbe any schedule conflIcts \vlth the regualr meetmg schedules for the (l.e , routIne travel, work schedules and the lIke) ," 1 ,l/ ,/ A ^ N ~ , 1"'::.. I ~.J'-!f - l'l \0 " I ,)~\ rt.c:J_ ---, ,- ----j -. --,-rr---- -- '--.. .._n_____ h nrd/commL;SlW1S 7 \Vhy do you WIsh to be on a board/commIsSIOn? tsl?~~\.:l..O. -c::.. ~j)", ,IOQ."" 0..-\12..0Nt:\LvI ~C\J\ ~ -- - -----.:;r---- ."- -,......., .-- ... l I \ - to \"JI) ~J'/I",~~ ~~.Jt"1 t' , ,_ _.._ ,_ K.ti\',\~/V\ ' ANt.. --C v--,\p",J-'t- rn --. .-- - 8 {\N0- . * ** * Attach AddItIOnal Sheets. If necessary* * ** THIS INFOR.llATlO:Y WILL BE DISTRIBUTED TO COui\ClL AND IS CLASSIFIED AS PUBLIC DA TA . . . . v 0} f U';" ~ I) U U U J i;A.\ 612 <I J 9 0 <I -15 KATIE ~Ol Deadline for applications is no later than February 23, 1998. Rerum to: City cf Stillwater, 216 N 4th St., Stillwater, MN 55082 Date: CITY OF STILLWATER APPLICATION FORAPPOINT1V1ENT TO ADVISORY BOARDS AND COM1VIISSIONS Name. ~c.N;.., (p~ ~ fJo '+0 N 12~ A,..,.c.. ~O' ~\\~ Address. Home Te:ephone _ 45Q. '12"'~ Work Tel~phone. How long have you l1ved 111 Stillwater? ~ YrsIMo Which Ward 2 What Stillwater community activities have you been involved in? ., :J Please describe any previous expenence you have which is similar to se:-vmg on a volunteer advisor)' board/conurussion 4 Do )Ou ha....e a preferred Board/CommissIon thot you are interested in sening on? Yes _ No _ If yes, fill in name of BoardlCommisslon. Hl..l.t'onC- ~ ~~ ~a.~ 5 Would you consider an alternate appointment? If )es, which one? Yes_ No~ 6. Please describe any schedule conflicts with the regualr meeting s;:hedu!es for L1c board/carr.misslons (I e., routine travel, work schedules and the like) 7 \Vhy do you \.\.Ish to be on a board/comr.1ission? ~ ~~-.ut 8 Please describe any other re!eV:lnC inforrnatlon YO'J \"Quld hke us to bow .... Attach AddltlcnJI Sn<<l~, If nCC~5Jry' .. · THIS "VFORJ~JATJO'" WiLL BE DISTRIlJUTED TO COU,\CJL AND IS CUSSIFIED.-IS PU8l1C f).~ 1'., 03/02/98 00:03 FAX 6124390445 KATIE March 1, I'" To the city of Stillwater: My name is Dana Ross. I am a Junior at the Stillwater Area High School . I am interested In being a student representative on the Human Rights Commission. My applieatlon is after the deadline, but I did speak with Ms. Liz Tomtem, the chair of the commission. and hope lean stlll be eonsldered. I am adopted from Colombia and have had racist experiences. 1 would like to have a ehante to be part of the commission and give members some of my vieW's as a young penon In this community. ~02 . . . . . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202. PO Box 438 . STILLWATER, MN 55082 TELEPHONE (612) 439-9464. TELECOPIER (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO Mayor, City Council and Staff David T Magnuson, StIllwater City Attorney V(~ FROM DATE April 3, 1998 SUBJECT Annexation and Trunk: Utilities Agreement Staffwas able to complete negotiations with the Developers on Wednesday, April 1, 1998 In order to finalize negotiations, the Mayor and Clerk executed the Agreement, subject to Ratification by the City Council We enclose the executed Agreement for consideration by the Council r RESOLUTION NO. . A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF TRUNK SEWER AND WATER IN PHASE I OF THE ORDERLY ANNEXA nON AREA WHEREAS, a Development Agreement has been prepared by the City Attorney with the assIstance of the City Coordinator, City Engineer and the City Treasurer relative to the constructIOn of trunk sewer and water facilItIes in the Phase I Area of the Orderly AnnexatIOn Area, and, WHEREAS, the Development Agreement has been reviewed and approved by the Developers and the construction of the trunk utilities to serve Phase I is in the interest of the City m view of the benefits to the City by reason of the City achieving the construction of these trunk utIlities without incurring significant municipal debt; and, WHEREAS, the risk to the City of extending trunk utilities into an undeveloped area IS greatly reduced by the risk being taken by the Developers with regard to the extenSIOn of the utilities and, the extension of the utilities will allow for the development of the Liberty and Legends developments all of which will benefit the City by increasing the tax base of the City and providing the amenities of park and trail access that are part of the dedication requirements for both developments. . NOW, THEREFORE, BE IT RESOLVED, that the Development Agreement for Trunk UtilItIes be and the same hereby is approved and the Mayor and City Clerk are authonzed to sign the Agreement for the City, and their actIOn in pre-signing the Agreement is Ratified. Enacted by the City Council of the City of Stillwater this 7th day of April, 1998. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk . . . . March 24, 1998 DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER, WASIDNGTON COUNTY, MINNESOTA AI'iD THE PEMTOM LAl'J1) COMPANY, a Minnesota Corporation Al~D CONTRACTOR PROPERTY DEVELOPERS COMPANY FOR INSTALLATION OF TRUNK SEWER AND WATER FACILITIES This agreement 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 DEVELOPMENT CONTRACT THIS AGREEMENT, made tms ~ay of ~ , 1998, between the CIty of StIllwater, a political subdivIsIOn of the State ofMi~esota, ("CIty"), and the Pemtom Land Company, a Minnesota corporatIOn, 7597 Anagram Drive, Eden Prame, Minnesota 55344 ("Legends"), Contractor Property Developers Company, a Minnesota corporation, 9110 - 83rd Avenue North, Brooklyn Park, MInnesota 55445 (CPDC), collectIvely, (the "Developers"), . WITNESSETH THAT, the partIes hereto recite and agree as follows' Section 1. Recitals. 1.01. The Project. On August 16, 1996, the City entered into an Agreement (Orderly AnnexatIOn Agreement) with the Town of Stillwater, Washmgton County, Minnesota for the Orderly AnnexatIOn of portions of the Town of Stillwater to the City. Pursuant to the Orderly Annexation Agreement and on October 4, 1996, Phase I of the property described m the Orderly Annexation Area mc1udmg property owned by the Developers became part of the City The CIty has conducted planmng, engmeering and environmental studies wItmn 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. 1.02. Public Improvements. The City has requested that the Developers construct the trunk water and sewer improvements necessary to serve the Phase I Area ("Pubhc . Improvements"). A descnption of the public improvements and estImates of costs is attached as ExhibIt "A". The CIty is willmg to allow the Developers to construct and install the Public Improvements, only if the conditIOns set forth m this Agreement are satIsfied. 1.03. Public Improvements: Plans. Specifications. The City agrees to authorize Klayton Eckles, P.E., the City Engineer. to review and approve the plans and speCIfications prepared by the Developers for the Pubhc Improvements. The speCIfications must be both to CIty standards and the rules and regulatIOns of the Board of Water CommIssioners Approval by the CIty Engmeer of the plans and speCIficatIOns for the Pubhc Improvements IS a condItion of thIS Agreement. AdditIOnal supplemental work consisting of the water mam loop from the Pemtom property along 62nd Street to County Road 5 will be separately deSIgned and constructed by the Developers The City reserves the nght to reqUlre this work be completed as part of the Improvements that will be bUIlt to serve the plats of each Developer or at an earlIer date, If needed, to provide water pressure to property served by other Pubhc Improvements 1.04. Public Improvements. Warranty. Developers agree that the work WIll be done III a workmanlike manner; that all matenals and labor wIll be m stnct conformIty to the specIficatIOns and any requirements set forth by the City All work done pursuant to thiS . . contract is subject to the inspection and approval of the City Engineer, who shall have the authority to suspend or stop work on the project if any condition oftms contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the rejected labor shall be done anew to the satisfaction and approval of the CIty Engineer at the sole cost and expense of the Developers. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. Section 2. Develo!lers' Re!lresentations. The Developers represent to the City that as of the date of this Agreement, the statements set forth in this sectIOn are true. 2.01. No Disability. The Developers know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Execution No Violation,. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party . . 2.03. Litigation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which wIll materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. 2.04. (:om!lIiance. The Developers will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments. (a) Allowable Assignment. Subsequent to the execution of this Agreement, it is expected that Pemtom will assign its interest in this contract to a limited partnership with Pemtom as its General Partner. This Agreement will operate as a consent to the assignment and a release ofPemtom from its obligation under this Agreement except the obligation that it will retain as a General Partner m the new lImited partnership. Section 3. Public Im!lrovement Schedule. The Developers agree to commence work on the Public Improvements on or before March 25, 1998, and WIll have all work done and the Public Improvements fully completed to the satIsfaction and approval of the CIty on or before the dates set forth in this SectIOn. . 2 (a) Construction. Construction of the Public Improvements by the Developers must begin by March 25, 1998, and the following Schedule must be met . Phase I Element 1. Water service to school 2. Sewer service to school 3 Operational 11ft station 4 Neal A venue and Boutwell restoration 5 Access trail Sunolemental Wark I. Looped water system to Co. Rd. 5 2. Project completed Completion Date July 10, 1998 August I, 1998 July 17, 1998 4 weeks after first dIsturbance August 31, 1998 July 15, 1999 July 31, 1999 In the event, in the opinion of the City Engineer, Developers fail to complete any element of the Public Improvements by the Completion Date assigned in 93(a), the City, at Its option, wIll have the right to draw upon any Secunty provided pursuant to 94 of this Agreement for the costs associated WIth the completIOn of construction of the PublIc Improvements necessary for providing sewer and water servIces to the Rutherford Elementary School by August 151 of 1998. Upon . satisfactory completion of this work and payment therefor from the Security prOVIded pursuant to 94, the City will have the right to terminate tffis Agreement and abandon further work on the Public Improvements and release the Developers' Security. (b) Storm Water Improvement. The City will schedule and complete the deSIgn and construction of the storm water mItigation improvements reqUIred by the AUAR. This will be done in a timely manner so as not to delay or impede the development of each of the Developers. The City will not deny Developers necessary permits by reason of a failure to complete the storm water Improvements in a timely manner. 3.01. ,Selection and Control of Contractors. The City, Westwood Professional ServIces, Inc and the Developers must reVIew and Jointly approve all bids for the PublIc Improvements and the selection of any contractors who will work on the Public Improvements 3.02. .Contracts for Work. Any contract awarded by the Developers for work on the PublIc Improvements must contam the follOWIng proviSIOn. .... .) . . "Failure to Perform. The Developers (Owners) may by written notice to the contractor immediately terminate their contract in any of the following circumstances: 1. Failure to make satisfactory progress toward completion of this contract and contractor has been given three (3) notices by Owner and has failed in each case to correct a delay within seventy-two (72) hours of notice. 2. Failure to meet specifications or correct deficiencies and the contractor has been given three (3) notices by Owner and has failed in each case to meet specifications or correct deficiencies within seventy-two (72) hours of notice." 3.03. ,Dedication of Work,. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the CIty Engineer and the Developers will be deemed to have no nght, title or interest in or upon any element of the dedicated Public Improvements. 3.04. Credit. . (a.) Estimated Cost. The estimated cost of the Public Improvements IS 1,918,92000 The final actual costs of this work, for the purposes of thIS credit will be determined by audit done by the City Treasurer upon completion of the work (Actual Cost). Further, after conferring with the Developers, the actual cost will be allocated by the City Treasurer between Trunk Sewer Benefit (S) and Water Main Benefit (W), and calculated according tot he methodology in attached Exhibit "An. (b) Benefit. The Phase I Net Development Area, as determined by the City Engineer excludes delineated wetlands, slopes greater than twenty-five percent (25%) and most developed parcels of five (5) acres or less. Further, areas within Phase I area do not all benefit from water main and sewer trunk. The Developer's Credit will be given based upon the following schedule of net developable acreage. The benefit will be determined by dividing the actual cost of the water main by the net developable benefitted area and the trunk sanitary sewer by the net developable benefitted area (Area Benefit). . 4 Owner CPDC 834 Pemtom Gadient Bergman Neal Meadows Anderson White Bradshaw Gross Acrea~e 171. 70 16.11 74.11 32.58 101.40 1988 25.87 7.20 29.00 Net Acrea~e 144 99 15.40 70.72 31.56 9709 1930 15.65 3.60 17.53 Total 415.84 Total Net Acreage - Sanitary Sewer: 379 06 Total Net Acreage - Water Main: 39654 Benefit S,W S, W S,W S,W S, W S W W W . (c.) Credit. The credit, called the Developers' CredIt will be determined on a per acre basis by first divIdmg the actual costs incurred by a developer as certified by the City Treasurer, by the net developable acreage of that Developer accordmg to the methodology on attached Exhibit "A". This will be called the Developers' Actual Cost per acre. The Developers' Area Benefit per acre will then be subtracted from the Developers' Actual Cost per acre. The difference will be called the Developers' Credit . (d.) Storm Water Benefit. The CIty IS oblIgated to undertake Storm Water Trunk Improvements set forth in the FeasibilIty Study for the StIllwater AUAR prepared by Bonestroo, Anderlik and Associates approved by the CIty Council on December 16, 1997, in order to make the property of the Developers and other property available for development. The cost of the Storm Water Trunk Improvements as computed, by the City Engineer, with a reserve for contingency is, for purposes of thIS Agreement, $3,500.00 per acre. ThIS amount IS called the Storm Water Benefit and is to the following property: Owner CPDC 834 Pemtom Gadient Bergmann Neal Meadows Future Phases - net developable Gross Acreag~ 171.70 16.11 7477 32.58 101 40 1988 Total Net Developable 5 Net Acrea~e 144.99 15.40 70.72 31 56 9709 19.30 484 00 863 06 . . (e.) Credit Application. The Developers will be given a credit in the amount of the Developer's Credit agamst their per acre share of S torm Water Benefit. If the Storm Water Benefit exceeds the Developers' CredIt, the Developers will pay over this amount to the City with1n thirty (30) days of a request by the CIty for the funds. The City will not request payment earlier than forty-five (45) days before the CIty reasonably anticIpates incurring an obligation for area wide storm sewer work If the Developers' Credit exceeds the Storm Water Benefit per acre, the City will pay this amount to the Developers within thirty (30) days after a certIfication of fInal costs by the City Treasurer, but not later than January I, 1999. (f.) Further, if a Developer completes any area wide storm sewer improvements as part of the Public Improvements, provided the work IS approved in advance by the city Engineer, the cost of this work, as certifIed by the City Treasurer, will reduce the Developers' Storm Water Benefit by that amount. . (g.) If more than one (I) Developer is j omtly or severally responsIble for any Item of work done on the Public Improvements, a contract in writing between them setting forth their agreement for allocation of credits or benefits under this contract must be submitted to the City prior to payment by the city of a Developer's credit. This requirement is a condition of this Agreement. Section 4. Securitv. 4.01. (:onsultant Fees and Charges. The Developers will pay to the City as reImbursement for consultant fees incurred by the City in behalf of or at the request of the Developers, including the costs of engineering, legal and testing services, and reasonable admmistrative expenses associated with the review of the plans and specificatIOns and inspection and supervision of construction and remspection for one (1) year beyond the acceptance of the completed work. In no event will the City have the right to collect any fees or charges that exceed four percent (4%) of actual construction costs unless Developer fails to provide full time inspection of the work during construction. Actual constructIOn costs as used in this SectIOn WIll not mclude soft costs such as legal. surveying, engineering, inspectIOn and financing Amounts due the City under this sectIOn wIll be paId on a quarterly basis. 4.02. Public Improvement Costs Security. Pnor to beginnIng work on the Public Improvements, Developers wIll furnIsh to the City, an executed Secunty and DIsbursement Agreement, m the form attached as ExhibIt "B" obhgatmg the Lender as defined m ExhibIt "B" to make available and to disburse funds to the Developers' Contractor (Contractor as defined m ExhIbit "B") only in accordance with the contract . 6 between the Developer and the Contractor. as previously approved in writing by the City, . m accordance with this agreement, and in accordance wIth the Security and DIsbursement Agreement described in Exffibit "B". Section 5. Develo!lers' Obligations. 5.01. Easements. The Developers must funush to the City upon request and wIthout charge, all permanent easements over property owned or controlled by eIther of them as designated in the plans and specificatIOns, and deeds to property deemed necessary by the CIty for the locatIOn, construction, installatIOn and operation of the PublIc Improvements, in form and content satisfactory to the CIty In the event of a default by the Developers, thIS paragraph will survive and be deemed in all ways to be a consent to enter and a WaIver of trespass WIth respect to any land over whIch a Developer has an interest upon which the City must enter to complete the PublIc Improvements 5.02. Ins!lection bv Develo!lers. Developers must provide a full-time qualIfied mspector approved by the CIty Engmeer who must be avaIlable on-site dunng all phases of the Public Improvement work. The inspector must prOVIde the City Engmeer with daily inspection reports, testing results and copies of correspondence between the Developers and theIr contractors. 5.03. ,Engineering Data The Developers, through their Engineer, must prOVIde all stakmg, surveymg and other information required by the City Engineer, to aSSIst the City . Engmeer In his dutIes in order to msure that the complete improvements conform to the approved plans and specificatIOns Final acceptance of the work may be withheld by the CIty untIl this information and data is delIvered to the City Engineer. 5.04. Erosion Control Measures During Construction. Developers agree that they WIll construct erosion control devices In conformance WIth the approved ConstructIOn Plans for the PublIc Improvements Tms plan must protect any adjacent ponds and wetlands from erOSIOn, pollutIOn and siltation during the constructIOn of the PublIc Improvements and must be approved by the CIty Engmeer or hIS authorized agent. 5.05. f:itv Regulations. Developers acknowledge that the property is regulated by the CIty and that a default under CIty ordinances or condItIon of approval of any permIt IS a default as defined In thIS agreement. mc1udmg (a) If reqUIred by the CIty Engmeer, the Developers must prepare a Wetland MItIgatIOn Plan (b) If reqUIred by the CIty EngIneer, the Developers must prepare a gradmg and eroSIOn control plan 7 . . (c) If required by law, a national pollution discharge elimination system general storm water permit for constructIOn activIty must be obtained from the MPCA before grading begins. (d) Upon completIOn of the work, the Developers must provide the City with Mylar Plan Sheets, construction drawing records and Auto CADD computer files showing the sewer and water service stub inverts and water stop boxes. The plans must show the locations, elevatIOns, length, sizes and makes of all sarutary sewers and water mams as measured in the field durmg or after constructIOn. (e) Compliance with any mitigation measures required by the AUAR MitigatIOn Plan. 5.06. Damage to City and County Facilities.. The Developers will be responsIble for any damage caused to any City facilitIes or improvements including roads, storm water systems, sewer and water facIlities whether done by the Developers, their contractors, agents or employees and for any repair or clean up costs or expenses mcurred by the City or County in talang remedial action. The City is empowered to draw upon the Security described in 94.02 for the costs associated with remedial action under this section if they have been given a written notice by the City Engmeer to take remedial actIOn and they have faIled to complete the required work within thIrty (30) days. . 5.07. City to Provide Easements. The City must provIde to the Developers and theIr contractors, in a timely manner, any easements or nghts of entry needed by Developers for work that must be done on property not owned or controlled by Developers. Any delays caused by the failure of the City to provIde access will not subject the CIty to liability of any nature however, the Developers will be granted an extension of any completion date set forth in this Agreement equal to the number of days that work was delayed because of the lack of access. The Developers wIll pay to the City amounts necessary for land acquisition within thirty (30) days of receiving an inVOIce from the CIty, certified as necessary by the City Engineer. Amounts paid to the City by this section will be considered part of the acquisitIOn costs of the PublIc Improvements for purposes of the credit provIded to the Developers by 93.04 of thIS Agreement. Further, the City has reqUIred CPDC to construct a maintenance garage near the Lift Station on part of the LIberty development It IS agreed that the view impact to adjacent property is $40.000.00 and that a credit for tms amount will be allowed to CPDC in addItIon to the credit that CPDC is alloVved under S3.04 In return, CPDC grants to the CIty, by this Agreement, a full, final and complete release of any claIms that property adjacent to the LIft StatIOn or Mamtenance Shed IS devalued by the adjacent City use 5.08. Permit~. The Developers are responSIble to obtain, before work begms, any permIts or governmental approvals reqUIred by any law, ordmance or governmental rule . 8 Section 6. Insurance. . 6.01. Insurance. Developers and theIr contractors must provide and mamtain or cause to be maintained at all tImes dunng the process of constructing the PublIc Improvements and, from time to tIme at the request of the City, furnIsh the City with proof of payment of premiums on. (a) Comprehensive general liability insurance (including operatIOns, contmgent lIabIlIty, operatIOns of subcontractors, completed operatIOns and contractual liabIlIty msurance) together WIth an Owner's Contractor's polIcy with limIts agamst bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required lImits, an umbrella excess lIabIlIty policy may be used), and shall be endorsed to show the City as an addltlonal insured to the extent of its interest. (b) Comprehensive general public lIabIlIty insurance, including personal injUry liabIlIty for IllJunes to persons and/or property, including any mjunes resultmg from the operatIOn of automobiles or other motonzed vehicles involved m work on the PublIc Improvements, in the mirumum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an addItIonal msured to the extent of its interest. (c ) Workers' Compensation msurance respecting all employees m amounts not . less than the mIrumum required by statute. Section 7" .Indemnification. 7.01. .Indemnification. Developers agree to defend and hold the CIty, and its offiCIals, employees and agents, harmless against any and all claims, demands, lawsuits, Judgments, damages, penalties, costs and expenses, includmg reasonable attorney's fees, ansmg out of actIOns or omiSSIOns by Developers, their employees and agents, m connection with the Public Improvements 7.02. Enforcement bv City: Damages. The Developers acknowledge the nght of the CIty to enforce the terms of thIS Agreement agamst the Developers, by actIOn for speCIfic performance or damages, or both, or by any other legally authonzed means. The Developers also acknowledge that theIr failure to perform any or all of Its oblIgatIOns under thIS Agreement may result m substantIal damages to the City, that in the event of default by the Developers, the CIty may commence legal actIOn to recover all damages, losses and expenses sustamed by the City, and that the expenses may include, but are not lImIted to, the reasonable fees of legal counsel employed WIth respect to the enforcement of thIS Agreement 9 . . Section 8. Events of Default. 8.01. ,Events of Default Defined. The followmg will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in tms Agreement, anyone or more of the following events: (a) Failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations oftffis Agreement. (b) Failure by Developers to observe or perform any covenant, condition, obhgation or agreement on its part to be observed or performed under this Agreement. (c) In each event, Developers will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 8.02. Remedies on Default. Whenever any Event of Default occurs, the City may take anyone or more of the following actions: . (a) Suspend work on the project and its performance under the Agreement until It receives assurances from Developers, deemed adequate by the City, that Developers will cure its default and continue its performance under the Agreement. (b) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developers or from the Security described in 94.02. (c) Undertake to complete the public improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in 94.02. Section 9. Administrative Provisions., 9.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developers must be sufficiently gIven and will be deemed given when dehvered, or when deposited in the United States mail in registered form WIth postage fully prepaid and addressed, as follows . 10 If to the City: Nile Kriesel, Coordmator CIty of Stillwater 216 N. 4th Street Stillwater, MN 55082 . If to Developers: The Pemtom Land Company 7597 Anagram Dnve Eden PrairIe, MN 55344 612/937-0716 Contractor Property Developers Company 9110 - 83rd Avenue North Brooklyn Park, MN 55445 The City and the Developers by notice gIven to the other, may designate different addresses to which subsequent notices, certIficates or other commurucations will be sent. Section 10. Additional Provisions. 10.01. Titles of Sections. Any tItles of the several parts of the Agreement are mserted for convenience of reference only and shall be dIsregarded m construing or interpretmg any of its provisIOns. 10.02. Counter!>arts. This Agreement is executed in any number of counterparts, each of whIch will ConstItute one and the same instrument. . 10.03. ,Modification. If Developers are requested by the Holder of a Mortgage or by a prospective Holder of a prospectIve Mortgage to amend or supplement this Agreement m any manner whatsoever, the City wIll. in good faIth, consider the request, provided that the request is consistent with the terms and condItions of this Agreement. 10.04. Law Governin~. This Agreement shall be governed by and construed m accordance WIth the laws of the State of Minnesota. 10.05. Severability. In the event any provision oftffis Agreement is held mvalid or unenforceable by any court of competent junsdIctIon. holding will not invalIdate or render unenforceable any other provisions. 11 e . . . Section 11. Termination of Agreement. 11.01. Termination. This Agreement will terminate at the time all of the Developers' obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developers has been cured, or one (I) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed m Its corporate name by its duly authonzed officers and sealed with its corporate seal; and the Developers have executed tms Agreement at Stillwater, Mmnesota, the day and year first above wntten. CITY OF STILL WATER (SEAL) By: Jay L. KImble, Its Mayor and Modi Weldon, Its City Clerk DEVELOPER THE PEMTOMLAND COMPANY By , Its PresIdent CONTRACTOR PROPERTY DEVE;.OP'yS CO.~p~h ~AUd~'7?7 ~ ~ -v'Jl.I~ -):..,--., 1J.[:, Its President 12 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) . On this _ day of , 1998, before me, a Notary Public wIthIn and for saId County, appeared Jay L. KImble and Morli Weldon, to me personally known, who, bemg by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this mstrument was sIgned and sealed in behalf of the CIty by authority of ItS Cay CouncIl, and they acknowledged the SaId instrument was the free act and deed of the CIty Notary PublIc ST A TE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1998, before me, a Notary Public WIthIn and for SaId County, appeared , to me personally known, who, bemg duly s\.vom, dId say that he IS the President of The Pemtom Land Company, one of the Developers . named in the foregoing instrument and that this mstrument was sIgned as the free act and deed of the Developer Notary Public STATE OF MINNESOTA ) *,J'-' 6.p,1\J ) ss. COUNTY OF WA8HINCTON) On thIS 7-- iftaay of /'0OJ-c.-- \.....-. , 1998, before me, a Notary Public withm and for SaId County, appeared~_;""J!T;-1f l\\-~ JJL, to me personally known, who, bemg duly s\.Vom, dId say that he is the President of Contractor Property Developers Company, one of the Developers named in the foregoing mstrument and that this Instrument was signed as the free act and deed of the Developer --....J . . . . MAGNUSON LAW OFFICE 6124395641 P.02 IN WITNESS WHEREOF, the City has caused this Agreement to be executed in Its corporate name by its duly authorizcd. officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. (SEAL) CITY OF STILLW A~E" By:AY~ Jtv)dm'61~ Mayot i!t:1MPANY BWe.." ~ \ 'J/;. ~ h/ +- , Its President JI ' . CONTRACTOR PROPERTY DEVELOPERSCO~ANY By . Its President STATE OF MINNESOTA) ) ss. COUNTY OF WASHINGTON) On this la day of ~ , 1998, before me, a Notary Public within and for said County, appeared Jay r!. Kimble and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said mstrument was the free act and deed of the City. _~~'~~'~I.I'~ ~~~~~~~m;~~]' 4 WASHINGTON CCUIIY My ComrrnSSlon Expires...... , -;# ~ ;i/r':~ Notary Public 12 MAGNUSON LAW OFFICE 6124395641 ST ATE OF MINNESOTA ) H-f./JrJ E f ,N ) ss. COUNTY OF V.!~ lJnHrr~lf~ On this tl..1!:L day of f ~M..cJ.. , 1998, before me, a Notuy ~bhc within and for said County, appeared Dctt\ d. ,-r. ff er iJ sf, to me personally known, who, being duly sworn, did say that he is the President of The Pemtom Land Company, one of the Developers named in the foregoing instrument and that this instrwnent was signed as the free act and deed of the Developer. \1 "'....'-~, MftPGARETCMILLER]' "'fB'.J .!.I ~ N:J~ARY PUBLIC. MINNESOTA . - (, HENNEPIN COuNTY ': My COmmzsSlllR Expves Jan 31 2000 '!lIiMvwJ~iJl L Notary ~c STATE OF MINNESOTA ) ) 55. COUNTY OF WASHINGTON) On this _ day of _ , 1998, before me, a Notary Public within and for said County, appeared .,' to me personally known, who, being duly sworn, did say that he is the President of Contractor Property Developers Company, one of the Developers named in the foregoing instrument and that this instrumem was signed as tbe free act and deed of the Developer. Notary Public 13 P.03 . . . 83, 31/ 1998 1~:J'3_ _ 43088Hl CITY OF STILLWATE~ PAGE 02 ~ TRUNK UTILITY PROJECT COSTS - PHASE I AlllIEXATIOIl I d $1.326.124'~ $55,000,00 $12,000.00 $4,000.00 $18,000.00 $19,891.87 $100,785.48 $66,306.24 $33,767.04 $53,044.99 $242,000.00 I UTILITY CONSTRUCTION COST ILIJ'T S'TATION PROJECT IMPLEMENTATIOlf COSTS Attomey ..' IElectnca1 Subs ISOilS Subs Prelimmary Engineering (1.5%) \Final Engineering (7.6%) ConstrUction Coordination (5%) General Contractor (3%) City Design Review/Oversight (4%) Financing TOTAL PROJECT IMPLEMENTATtON COSTS TOTAL PROJECT coSTs' . !wkuP Percentage $549,795.63 $1,930,920.43 41.46% . EXHIBIT "A" - Page 1 Q3, 3~, lS~3 15:03 4308810 CITY OF STILU1,/t:.TER PAGE 83 AmO~~ . lItem ~ Sanitary Sewer $731,042.00 Sani tary Sewer and Access Trail $65,000.001 Easements $15,000.00 NSP Power to StatIon $81,104.20 --- 10% Contingency I $892,146.20 I Sewer Subtotal Sewer Implementatlon Cost $369,873.24 $55,000.00 Lift StatlOn Building & Land T<n'AL SEWER $1,317,019.44 -- I Storm Sewer $155,039.00 Storm Sewer Construction 10% Con tlngency $15,503.90 Subtotal Storm Sewer $170,542.90 - Storm Sewer ImplementatlOn $70,705.07 . TOTAL STORM SEWER COST $241,247.97 I Water ICounty Road 12 Watermain $239,437.00 110% Con tin~ency $23,943.70 Subtotal Water $263,380.70 I I Water Implementation S 109, 194.52 ITOTAL WATER COST '372,S75.22 I ----. GRAND TOTAL $1,930,842.631 . EXHIBIT "A" - Page 2 . . . Total Pemrom Ciadlcnt (CIty) 8er[man (CIty) Neal Meadows (ell Anderson (City) \yh_lte J~ll_YI - ---- -- I1radshaw (CIty) eJ>[)l' 8:H -rOT AL Storm Sewer Owner Gross Acreage _ _ ~et Acreage Sanitary Sewer Water ------- l'/J 70 16.11 74 11 32.58 101.40 - - - ~ -- - 19.88 ~----- - 2587 7.20 29.00 )'H.99 $503,'758.37 $1-J6,22i5~/. _$.5~7,4f).5.0~ $1,1'17,450.94 15.40 $53,506.30 $14,469.31 . _u' ~5~,?Oq.~q _ _ _$_1~~~8!?-6-1 70.72 $245,712~061- $-66-,446~06 $247,520.00 ~~5~,~7~.~~ __ ?1..?6 -- - $}()9,653.1-S --$29:652.68 -~~-_-- ~_~.~ ~_'. _ _ ._~1_3?~3!?_5-:~6 _ ~7:0? _-.!~~?2~32:.?_~ - -~--_~~1~~~2..:~9 _._.______ _____ _ _ $428,555.32 19.30 $67,056.60 0 - .-' $-67~056~60 1~.65 _ 0 - - ---$-i_(~{)~~~ -='~-~-~'~'-.-~'-' '~'~--~-~{~~j~.j9 3.60 0 $3,382.44 . __ _ .____.~~1~8~.~~ ., -i7.53 - - - .0, -_-.~-_-$L6,~?~:~~ ____~~_~_-~~~_-~~~ . _ _ . .__$_1?!~J~:5.8I'/ - -- - - ---~~-- - - - - - -- - - - - - - ------ 477.85 415.84 $1,317,019.44 ----~--- *37i,57~i2 - - ~~~8~~8~~~ -*~~~9_8-,~?~.~ -------- M ~ ..... ttl - ~ " ~ -- Trunk SallltHrv Sewer R,'lc. $1 317 ()l<) /Ill J . ".-, J79.06 ----- -~- $J,'174 '1'1 --------- ---.---- ------- - - - - - -~ - - - - - Trunk Water Rate: - -----[ ---- ------ $372,575.22 396.54 $939.57 -- ~-- - ---- ------- ~- - - - - - -- - - -- ~---- - - ~- I '"0 ~ (tQ ~ w - -- - - -- - - - - -~- ---------- - - -- - - ---- - - - - - . - - - - - -- - . -. - -I - - . - - -- - - . - - - - - - - - - - - 1- . - - - - - . . -- - . -- - - - - - - . - - - - . - - -1- - .' - - . . - . - - . - -- -.-- - . - - --- -.- '[ . --- .. --- ----.-- Storm Sewer Rate: PeT Acre $3,500.00 EXHIBIT "A" - Page 4 The fInancing cost of $242,000.00 is an estimate as are all of the costs described m ExhIbit A - Page 1. The fInal fmancing costs will be calculated at the time of the determination of actual costs wmch will be done prior to January I, 1999. In addition to the actual interest accrued at that time, future interest expense will be added, at the rate then being charged to Developer on the obligations incurred by Developers with respect to the Public Improvements through July I, 1999. The basis for allowing future interest is M.S. g475.65 which provides that a municipal bond may be sold that includes proceeds for "the interest to accrue on the obligation prior to the antici9ated date of co~ent of the collection of taxes or special assessment~ to b~ levied." If the City were to levy assessments for this project in 1998, specIal assessments would be collected for the fIrst time in July of 1999. In addition, allowable costs will include any loan discount or origination fees and the reasonable fees of Developer's counsel, Lender's counsel and Contractor's counsel, all to the extent actually incurred WIth respect to the Public Improvements descnbed m this Agreement. EXHIBIT "A" - Page 4 . . . . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 04/03/98 Re: Unfinished Business Items Nos. 3 and 6 Information on the following was not available at the time the Council packets were assembled: I. Report: Annexation area easements 2. First reading of ordinance amending Forest Protection Ordinance . The City Attorney will provide information to Council at the April 7 meeting. . 1 ~ . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202. PO Box 438. STILLWATER, MN 55082 TELEPHONE (612) 439-9464. TELECOPIER (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO Mayor, City Council, and Staff v/ David T Magnuson, Stillwater City Attorney ~ FROM DATE April 3, 1998 SUBJECT Railroad Purchase I have examined the Purchase Agreement prepared by BN&SF Railroad for the remaining of the project for the expansion of Lowell Park near Mulberry Point. It reflects the terms that have been negotiated by Steve Russel and previous approval by the Council I think: it is order for signature CATELLUS ...1JL,. III Va<< I~ . March 18, 1998 Mr. Steve Russell Commuruty Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Re: Stillwater, Minnesota - Proposed Land Sale Dear Steve: Attached in duplicate is a Real Estate Purchase and Sale Agreement covering terms for transfer of Burlington Northern and Santa Fe Railway Company land at Stillwater, Minnesota. If the agreement is satisfactory, please have both copies signed, initialed m the margin opposite any clauses that have been deleted and return them to this office together with a check, payable to The Burlington Northern and Santa Fe Railway Company in the amount of$11,500.00 (deposit). Upon receipt, I shall forward the agreement and check unto our title services staff m Irving, Texas with the request that they arrange to prepare the quitclaIm deed and process for closing between the CIty and the railroad. When the deed is ready for delIvery, a check covenng the balance of the purchase price wIll be requested. . In the meantIme, ifthere are any questions, please let me know. Catellus Management Corporation is acting as agent for the Burlington Northern Santa Fe CorporatIOn. ~ . CA TELLUS MANAGEMENT CORPORATION 4105 LEXINGTON AVE N , SUITE 200. ARDEN HILLS, MINNESOTA 55126. TEL 612415-2706 FAX 612481-9361 FORM APPROVED BY LAW THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY . REAL ESTATE PURCHASE AND SALE AGREEMENT Catellus Management Corporation 4105 Lexington Avenue North, Suite 200 Arden Hills, MN 55126 March 18,1998 BUYER'S OFFER 1. The undersigned, hereinafter called "Buyer", offers to purchase from The Burlington Northern and Santa Fe Railway Company hereinafter called "Seller", all of Seller's right, title and interest in and to that parcel of land situated in or near the City of Stillwater, County of Washington and State of Minnesota, sho\'\"TI outlined red on map marked Exhibit "A", dated March 18, 1998, attached hereto and made a part hereof (said parcel of land being hereinafter called "the Property") at the price and upon the terms and conditions as follows. PURCHASE PRICE AND PAYMENT . Seller may approve or disapprove this Agreement for any reason whatsoever, in Seller's sole and absolute dIscretion, whether reasonable or unreasonable or whether arbItrary or capricious, subject to the approval of this Agreement by Seller, Buyer agrees to pay to Seller the purchase price of $115,000.00 for Property, of which the amount of $11,500.00 hereinafter called the "deposit", is paid to Seller, or Seller's assignee, to be applied on the purchase price. Said deposit check shall be forwarded to Catellus Management CorporatIOn in Irving, Texas, and then forwarded to the Seller's account. Said deposit shall be refunded to Buyer if this offer is not accepted by Seller within forty-five (45) days from the date of said offer. The balance of said purchase price shall be paid in cash or by certified check to Seller or wire transfer to Seller's account as designated by Seller at the time Seller's deed to said property is delivered to Buyer. Notwithstanding anything set forth herein to the contrary, the balance of the purchase price shall be due ten (10) days from notice that Seller's deed is ready for delivery. Delivery of said deed shall be made at Seller's above stated office. TAX-DEFERRED EXCHANGE 3. Seller reserves the right to assign this Agreement to Apex Property & Track Exchange, Inc. ("Apex"). Apex is a qualified intermediary within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and Treas. Reg. S 1.1031 (k)-l (g), for the purpose of completmg a tax-deferred exchange under said Section 1031. Seller shall bear all expenses associated with the use of Apex, or necessary to qualify this transaction as a tax -deferred exchange, and, except as otherwise provided herem, shall protect, reimburse. ..emnify and hold harmless Buyer from and against any and all reasonable and necessary additional costs. ~enses, mcludmg attorneys fees, and lIabilities which Buyer may incur as a result of Seller's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to Section 1031. Buyer shall 1 cooperate with Seller with respect to this tax-deferred exchange, and upon Seller's request, shall execute such documents as may be required to effect this tax-deferred exchange. . CONVEYANCE 4. Seller shall conveyor caused to be conveyed, all of Seller's right, title and interest in the property, if any, to Buyer by Quitclaim Deed subject to the exceptions and reservations, whether or not of record and in accordance with the other terms, conditions and reservations contained herein. Buyer shall, as soon as possible after acceptance of this offer, advise the Seller of Buyer's intent to have the property surveyed. In the event the Seller's description of the property used in the Deed and the use of an Exhibit map for reference in the Deed is not acceptable to the Buyer, the Buyer shall so advise the Seller of their objectIOns of said description and within fifteen (15) days thereof, the Buyer shall, at their expense, arrange fOI: a survey of the property to be furnished to the Seller. ACCEPTANCE CONSTITUTES AGREEMENT 5. Tms offer of the Buyer to purchase the property when duly accepted and signed by the Seller shall constitute the entire agreement between the parties for the sale and purchase of the property and shall bind and mure to the benefit of the Seller, the Buyer, and their heirs, executors, administrators, successors and asSIgnS. LIQUIDATED DAMAGES AND SPECIFIC PERFORMANCE 6. Trme is of the essence of this contract. If the Buyer shall fail to perform this contract within the time . limits herein specified, Seller may retain the deposit as liquidated damages, not as a penalty or forfeiture, and declare tms contract terminated, or Seller may proceed to have this contract specifically enforced. SUCCESSORS IN INTEREST 7. Wherever referred to herein, the term Buyer shall imply, mean and apply to the Buyer, its successo~ assigns, heirs, executors, administrators, or designees, who shall be severally and collectively hable for any and all performance hereunder. Wherever referred to herein the term Seller shall imply, mean and apply to the Seller, its successors, assigns, heirs, executors, administrators, or designees, who shall be severally and collectively liable for any and all performance hereunder. TillS OFFER IS AND THE CONVEYANCE OF THE PROPERTY SHALL BE SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESERVATIONS. 8. Easements--A reservation of the necessary right of way, to be determined by Seller, for the continued maintenance, operatIOn and use of all existing driveways, roads, utilities, tracks, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Seller, Seller's LIcensees or other third parties and whether or not of records, and for the installation, construction and situation of faCIlities necessary to or beneficial for, the operation of Seller's railroad, with reasonable right of entry for the repair, reconstruction and replacement thereof, without limitation as a result of any further . enumeration herem. In addition, reservatIOn of a non-exclusive easement for the construction, maintenance and operatIOn of one or more pipelines or fiber optic lines as presently located or may be located in the future on Property. 2 fiTHER TERMS AND CONDITIONS 9. Title Defects--If, within the ten (10) day period following Seller's notice to Buyer that Seller's deed is ready for delivery, Buyer notifies Seller that Buyer has requested evidence of title to the Property, Buyer shall furnish to Seller at Buyer's expense such evidence of title within thirty (30) days of said notice from Buyer in the form of an abstract oftitle or a title commitment, and a written statement specifying the matters or defects other than said permitted exceptions and reservations and other than such usual exceptions contained in Owner's policies and the matters to which this sale is subject by the terms hereof, the tune of payment of the balance of the purchase price shall be extended for a period of sixty (60) days after the receipt of said evidence of title and statement. If Seller is unable or unwilling to cure such matter or defects within said sixty (60) day period, and Buyer is unwilling to accept the deed subject to such matter, or defects then either party may terminate this Agreement by serving written notice of termination upon the other party within fifteen (15) days thereafter and all further rights and liabilities under this Agreement shall cease and terminate except that Seller shall return the deposit to Buyer and Seller shall reimburse Buyer for the actual amount paid by Buyer, if any, to an abstractor for an abstract of title or to a title company for a title report (but not for tItle insurance), provided that said abstract or title report shall be delivered and assigned to Seller. Otherwise, Buyer shall remit to Seller, or Seller's assignee, the purchase price within ten (10) days or at closing, whichever is earlier. 10. Real Estate Commissions--If any real estate broker or agent can establish a valid claim for commission or other compensation as a result of Buyer having used their services in connection with the .i..urchase of the Property, all such commission or other compensation shall be paid by Buyer. Seller shall not . liable for any real estate commissions or finders fees to any party with respect to the sale of the Property, except a commission to Catellus Management Corporation ("Broker") pursuant to a separate agreement. On and prior to the Date of this Agreement, Broker has advised, and hereby adVIses, Buyer, by this writing and by other means, and Buyer hereby acknowledges that Buyer has been so advised, that the Broker is acting as the agent of the Seller, with the duty to represent Seller's interest, and Broker is not the agent of the Buyer. If a policy of title insurance is to be obtained, Buyer should obtain a commitment for title insurance which should be examined prior to closing by an attorney of Buyer's choice. Prior to the execution of this Agreement, Broker has advised and hereby advises the principals of this transaction, that this Agreement is binding on them, and the principals hereby acknowledge that they have been so advised. 11. Liens of Seller's Mortgages--Seller shall deliver to Buyer, who shall place of record, good and sufficient releases of the liens of Seller's mortgages, where required under the terms of any mortgage on the Property, within one hundred eighty (180) days after the first meeting of Seller's Board of DIrectors held after the conveyance contemplated herem. In the event Seller shall be unable to obtain said releases for any reason, Seller shall have the right to terminate this Agreement upon serving written notice of termination upon Buyer within fifteen (15) days thereafter, and both parties shall thereupon be released and discharged from all liabilities and obligations hereunder, except that Seller shall repay to Buyer any and all sums therefore paid by Buyer to Seller upon a reconveyance of title to the Property to Seller free and clear of defects or objectIOns to the same extent as ifno conveyance had been made to Buyer hereunder. . Other Liens--Any judgment against Seller which may appear of record as a lien against the Property ~ll be settled and satisfied by Seller if and when it is judIcially determined to be valid, and Seller hereby 3 indemnifies the Buyer for all loss arising out of Seller's failure to have a judgment lIen so settled and satisfied. All outstanding assessments levied or due rn the year the deed is delivered shall be pald by Buyer. . 13. General Real Estate Taxes--Real estate taxes or assessments payable or paid in the year the deed is delivered shall be prorated by Seller and Buyer as of the date on which the deed is delivered on the basis of the most recent ascertainable taxes assessed against the subject Property, or as may be equitably apportioned thereto by the Seller if the Property is not separately assessed or unless the payment of same has been assumed by a tenant under an existmg lease to be assigned to Buyer. 14. Transfer Taxes--Buyer agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all reqUIred transfer taxes, excise taxes and any and all fees mcidental to recordatIOn of the conveyance mstrument. In the event of Buyer's fallure to do.so, if the Seller shall be oblIgated so to do, the buyer shall be lIable for all costs, expenses and judgments to or against the Seller, including all of Seller's legal fees and expenses and same shall constitute a lien against the Property to be conveyed until paid by the Buyer. 15. Notices and Demands--All notIces, demands, payments and other mstruments reqUIred or perrmtted to be given or served by either party shall be in writing and deemed to have been given or served by either party If sent by regIstered or certified mail, addressed to the other party at the address shown herein. 16. Governmental Approval--If the approval of any governmental agency is required for the sale of the Property, it is understood and agreed that this Agreement is subject thereto and that both parties shall use their best efforts to obtarn such approval. The closing date shall be extended for such period as may be . required to obtain such approval. In the event said approval cannot be obtained, either party may terminate this Agreement without liabilIty to the other, except that Seller shall return the deposIt to Buyer. In the event a city, county, or other governing authority wherein said Property is located reqUIres a surveyor plat or has a subdivision ordmance, the Buyer shall obtain such surveyor plat, all at Buyer's sole cost and expense. The surveyor plat shall be submitted by Buyer to Seller for review and approval prior to recording and within a penod of forty-five (45) days after the date of Seller's acceptance of this offer. 17. DeposIt Authorization--Buyer hereby authorizes Seller to cash any checks that may be dehvered to Seller as a deposIt or option payment, and to take the amount of any such deposit or option payment into its accounts, with the understanding that it will not constitute acceptance of this offer; provided, however, that such authonzation is gIven with the understanding that in the event the offer is not accepted the Seller agrees to refund the amount of any deposit m full. 18. Rail Service--Notmng in thIS Agreement shall prevent Seller from discontrnuing service over any railroad Ime or lines by wmch rail servIce may be provided to the Property t~. ~'::"~c3 and LICCfiSC Prepayment Limitati~;:;. ~;:~~;:i" shall not refunc :::::, y:' rentals unless such prepaid or unearned rentals for each lease exceeds the sum of 20. Lease Rentals Contmuance ase--Buyer agrees to keep rentals, taxes and other charges . payable to Se e terms of lease(s) (Lease No.) fully prepaid WIth any refund or ~4U;:;:;': cf' sumo to be made as of the date of Clm;inf; If a lsas€j inc1ud@s a sit0 only partIally located 4 within the Property bein; ;:.:::~:::.sed, the refun:i, if ~ppli~ , .e within the Property. Cancellation of said lease shall be upon the date of conve 21. Leases Other than Buyer--Leas (Lease No. GN), being in the name of other than Buyer, shall be 0 uyer upon date of conveyance of the Property and will be subject to 22. Complete Agreement-- This Agreement contains the entire Agreement between Seller and Buyer with respect to the Property and, except as set forth in this Agreement, neither Seller, nor Seller's agents or employees, have made any agreements, covenants, warranties or representations of any land or character, express or implied, oral or written, with respect to the Property. ADDENDUM PROVISIONS 23. This Agreement relates only to land. Unless otherwise herein provided, any conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's buildings and any other improvements on the Property, all of which may be removed by Seller within ninety (90) days following conveyance of the Property, and ifnot removed, shall be deemed abandoned by the Seller without obligation on the Seller's part and shall thereafter be and become the Property of the Buyer in place. 24. A reservation to Seller of all coal, oil, gas, casing-head gas and all ores and minerals of every kind and nature including sand and gravel underlying the surface of the Property, together with the full righ~ .'vilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove market any and all such products in any manner which will not damage structures on the surface of the Property, together with the right of access at all times to exercise said rights. 25. Seller is not a foreign person as the term is used and defined in Section 1445 of the Internal Revenue Code of 1954, as amended and the regulations promulgated thereunder. Seller shall, upon request of Buyer, complete an affidavit to this effect and delIver it to Buyer on or before closing of said sale. 26. It is specifically agreed and understood by the parties hereto that the Buyer shall, before May 20, 1998, accept and sign this Real Estate Purchase and Sale Agreement and return same together with the $11,500.00 deposit named herein to Seller. Failure of the Buyer to perform within the tIme restrictions will render this Agreement null and void in its entirety. 27. Buyer has been allowed to make an inspection of the property and has knowledge as to the past use of the property. Based upon this Inspection and knowledge, Buyer is/are aware of the condition of the property and BUYER IS AWARE THAT BUYER IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND THAT BUYER IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND 'VHATSOEVER FROM SELLER AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the property and any Mects thereof, the presence of any hazardous substances, wastes or contaminants in, on or under the ~perty, the condition or existence of any of the above ground or underground structures or improvements in, of or under the property, the condItion of tItle to the property, and the leases, easements or other agreements affecting the property. Buyer aware of the risk that hazardous substances and contaminants may 5 be present on the property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Seller from any and all present or future claims or demands, and any and all damages, loss, injury, . liability, claIms or costs, includmg fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the property. Losses shall include without limitation (a) the cost of any mvestigation, removal, remedial or other response actIOn that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Seller remaining property or the operations or busmess of the Seller on its remaining property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Seller under tms sec!ion shall be in addition to and not in lIeu of any other rights or remedIes to which It may be entitled under this document or otherwise. ThIs indemnIty specifically includes the obligation of Buyer to remove, close, remediate, rermburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, mcluding without limitation, the Resource Conservation and Recovery Act, the ComprehenSIve EnVIronmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any SImIlar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defmed, listed or regulated under any Environmental Law, and includes without linntation, petroleum oil and any of its fractions. . 28. The parties agree the terms, conditions, and addendum provisions of this agreement shall surviye closing. BUYER MUST CLEARLY SET FORTH FULL AND CORRECT NAMES OR PARTY OR PARTIES TO WHOM TITLE WILL BE CONVEYED, THEIR ADDRESS, THEIR RELATIONSHIP, IF ANY, AND WHETHER CONVEYANCE IS TO BE IN JOINT TENANCY OR OTHERWISE, AND IF A COMPANY, WHETHER IT IS A PARTNERSIDP, TRUST, TRUSTEE OR CORPORATION, ADDRESS OF PRINCIPAL OFFICE AND STATE OF INCORPORATION . 6 .s offer consisting of7 pages and by said ExhIbit "A" attached hereto, is made a part hereof, has been de, sIgned and sealed in duplicate by the Buyer this _ day of , 1998. Buyer's name as It is to appear on deed: (PRINTEDrrYPED) By: x NAME(PRINTEDrrYPED) SIGNATURE TITLE (OR 2ND SIGNATURE IF PARlNERSHIP) STATE OF INCORPORATION 'DRESS OF BUYER CITY, STATE AND ZIP CODE TELEPHONE NO. (INCLUDING AREA CODE) The foregoing offer is Accepted by Seller this day of 1998. The Burlington Northern And Santa Fe Railway Company BY: TITLE: . 7 . - l"", '" s.. \ " - - ' :~ \1~ ~.\ ~~ .-:-. Co. ,0 '" . ( I~ 1~1 . . ~ ..:t' ~ 0 I~ II,t\lg Q ."l . ~ cr-\le,.l~t f :b ~ ~ ~U'1011~: \ ",. ~ ~ ",,, I~, _ _ __ . _ _ _ J' -. ' S \~:;:.., rH.- J1f-aJ-...LI'J~ .4~'L-~ ,g" ~itU -5eWer---~~-~' - - -".. ~ ."I;1'''F- ,. ...- --...... ------ , - \ - .. I \\~ \-- - .t ~~ \~ 1--- I =~ \ ~ ~ - ;: ~ II h i- '" I ~I .... " \ ~\ ~ >-i,tl G3 ~~\ o::;::-\--~i ..\ ,,~ LJ--& ~\.::; ~ cO \ ~ <:. \ \ t-.. (. · -1 10 . 1'.-::.' ---, 11Il' \ Q\ -:' , --- \- - - i ~ \ ~~~ c \' ~ \ ,. SO_ SO \ ~O LB- \\~ L\J \ - \ , . I ____- 11.00-5- t:;O \ _-.r---,------~ ,-------- ~ ~ : : [1 -- \ \ " ~ I , ~ \ t. \ S I g-. ~UJ ~ ______:s r-: Ul r--- .... / "hJc1fer '2>oo.~ Ho. '<::T Ul crj 20e A 11"50' ) ~~ -< ... \ \ \ CONTAININO ACRES.'- OTY 5+ ill wd-e..- SCALE .1..11:: looJ COIJNTY~tI'l4+07t. ""'=. BNS F)/ om 3//3"1J' R 0 ,roo ~m ])I,,,,,,,,, it.. G . o~+i RANTEE c:. ; fy DIVISION 7l'1 . .L '"'~, ,0" s+;II~ ,~"""""- 51) ORA WINO NO -; ~~~ :.' c ~" \~ l!:l... ~~ ~ .. - .. -;~ - .. "- '" 1. \ \ \- .1'- --....., \ I \ I . _~_- .",'t-~. - !.- 1 .IJ -'"T - 1 t = III a:> ==\ i I - \ .' v ~: \ \ \ , \ \ I \ \ \ I \ ~ r-- cooperate with Seller with respect to this tax-deferred exchange, and upon Seller's request, shall execute such ,cuments as may be required to effect this tax -deferred exchange. CONVEYANCE 4. Seller shall conveyor caused to be conveyed, all of Seller's right, title and interest in the property, if any, to Buyer by Quitclaim Deed subject to the exceptions and reservations, whether or not of record and in accordance with the other terms, conditions and reservations contained herein. Buyer shall, as soon as possible after acceptance of this offer, advise the Seller of Buyer's intent to have the property surveyed. In the event the Seller's description of the property used in the Deed and the use of an Exhibit map for reference in the Deed is not acceptable to the Buyer, the Buyer shall so advise the Seller of their objections of said description and within fifteen (15) days thereof, the Buyer shall, at their expense, arrange for a survey of the property to be furnished to the Seller. . ACCEPTANCE CONSTITUTES AGREEMENT 5. This offer of the Buyer to purchase the property when duly accepted and signed by the Seller shall constitute the entire agreement between the parties for the sale and purchase of the property and shall bind and inure to the benefit of the Seller, the Buyer, and their heirs, executors, administrators, successors and asSIgnS. LIQmDATED DAMAGES AND SPECIFIC PERFORMANCE . Time is of the essence of this contract. If the Buyer shall fail to perform this contract within the time limits herein specified, Seller may retain the deposit as liquidated damages, not as a penalty or forfeiture, and declare this contract terminated, or Seller may proceed to have this contract specifically enforced. SUCCESSORS IN INTEREST 7. Wherever referred to herein, the term Buyer shall imply, mean and apply to the Buyer, its successors, assigns, heirs, executors, administrators, or designees, who shall be severally and collectively liable for any and all performance hereunder. Wherever referred to herein the term Seller shall imply, mean and apply to the Seller, its successors, assigns, heirs, executors, administrators, or designees, who shall be severally and collectively liable for any and all performance hereunder. THIS OFFER IS AND THE CONVEYANCE OF THE PROPERTY SHALL BE SUBJECT TO THE FOLLOWING TERM:S, CONDITIONS AND RESERVATIONS. 8. Easements--A reservation of the necessary right of way, to be determined by Seller, for the continued maintenance, operation and use of all existing driveways, roads, utilities, tracks, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Seller, Seller's Licensees or other third parties and whether or not of records, and for the installation, construction and situation of facilities necessary to or beneficial for, the operation of Seller's railroad, with reasonable right of .try for the repair, reconstruction and replacement thereof, without limitation as a result of any further Wumeration herein. In addition, reservation of a non-exclusive easement for the construction, maintenance and operation of one or more pipelines or fiber optic lines as presently located or may be located in the future on Property. 2 OTHER TERMS AND CONDITIONS 9. Title Defects--If, within the ten (10) day period following Seller's notIce to Buyer that Seller's deed is ready for delivery, Buyer notifies Seller that Buyer has requested evidence of title to the Property, Buyer shall furnish to Seller at Buyer's expense such evidence of title within thirty (30) days of said notice from Buyer in the form of an abstract oftitle or a title commitment, and a written statement specifying the matters or defects other than said permitted exceptions and reservations and other than such usual exceptions contained in Owner's policies and the matters to which tffis sale is subject by the terms hereof, the time of payment of the balance of the purchase price shall be extended for a period of sixty (60) days after the receipt of said evidence of title and statement. If Seller is unable or unwillmg to cure such matter or defects witmn said sixty (60) day period, and Buyer is unwillmg to accept the deed subject to such matter or defects then either party may terminate this Agreement by serving written notice of termination upon the other party within fifteen (15) days thereafter and all further rights and liabilitIes under this Agreement shall cease and terminate except that Seller shall return the deposit to Buyer and Seller shall reimburse Buyer for the actual amount paid by Buyer, if any, to an abstractor for an abstract of title or to a title company for a title report (but not for title insurance), provided that said abstract or title report shall be delIvered and assigned to Seller. Otherwise, Buyer shall remit to Seller, or Seller's assignee, the purchase price within ten (10) days or at closing, whichever is earlier. 10. Real Estate Commissions--If any real estate broker or agent can establish a valid claim for commission or other compensation as a result of Buyer having used their services in connection with the purchase of the Property, all such commission or other compensation shall be paid by Buyer. Seller shall not be liable for any real estate commissions or fmders fees to any party with respect to the sale of the Property, except a commission to Catellus Management Corporation ("Broker") pursuant to a separate agreement. On and prior to the Date of this Agreement, Broker has advised, and hereby advises, Buyer, by this writing and by other means, and Buyer hereby acknowledges that Buyer has been so adVIsed, that the Broker is acting as the agent of the Seller, with the duty to represent Seller's interest, and Broker IS not the agent of the Buyer. If a policy of title insurance is to be obtained, Buyer should obtain a commitment for title insurance which should be examined prior to closing by an attorney of Buyer's choice. Prior to the execution of this Agreement, Broker has advised and hereby advises the princIpals of this transactIOn, that this Agreement is binding on them, and the principals hereby acknowledge that they have been so advised. 11. Liens of Seller's Mortgages--Seller shall deliver to Buyer, who shall place of record, good and sufficient releases of the liens of Seller's mortgages, where required under the terms of any mortgage on the Property, witmn one hundred eighty (180) days after the first meetmg of Seller's Board of Directors held after the conveyance contemplated herein. In the event Seller shall be unable to obtain said releases for any reason, Seller shall have the right to terminate this Agreement upon serving written notice of termination upon Buyer WIthin fifteen (15) days thereafter, and both parties shall thereupon be released and discharged from all liabilities and obligations hereunder, except that Seller shall repay to Buyer any and all sums therefore paId by Buyer to Seller upon a reconveyance of title to the Property to Seller free and clear of defects or objections to the same extent as ifno conveyance had been made to Buyer hereunder. 12. Other LIens--Any judgment against Seller which may appear of record as a lIen against the Property shall be settled and satIsfied by Seller if and when it is judicially determined to be valid, and Seller hereby 3 . . . indemnifies the Buyer for all loss arising out of Seller's failure to have a judgment lien so settled and satisfied. All outstanding assessments levied or due in the year the deed is delivered shall be paid by Buyer. .3. General Real Estate Taxes-Real estate taxes or assessments payable or paid in the year the deed is delivered shall be prorated by Seller and Buyer as of the date on which the deed is delivered on the basis of the most recent ascertainable taxes assessed against the subject Property, or as may be equitably apportioned thereto by the Seller if the Property is not separately assessed or unless the payment of same has been assumed by a tenant under an existing lease to be assigned to Buyer. 14. Transfer Taxes--Buyer agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordatIOn of the conveyance instrument. In the event of Buyer's failure to do so, if the Seller shall be obligated so to do, the buyer shall be liable for all costs, expenses and judgments to or against the Seller, including all of Seller's legal fees and expenses and same shall constitute a lien against the Property to be conveyed until paid by the Buyer. 15. Notices and Demands--All notices, demands, payments and other instruments required or permitted to be given or served by either party shall be in writing and deemed to have been given or served by either party if sent by registered or certified mail, addressed to the other party at the address shown herein. 16. Governmental Approval--If the approval of any governmental agency is required for the sale of the Property, it is understood and agreed that this Agreement is subject thereto and that both parties shall use their best efforts to obtain such approval. The closing date shall be extended for such period as may be .quired to obtain such approval. In the event said approval cannot be obtained, either party may terminate s Agreement without liability to the other, except that Seller shall return the deposit to Buyer. In the event a city, county, or other governing authority wherein said Property is located requires a surveyor plat or has a subdivision ordinance, the Buyer shall obtain such surveyor plat, all at Buyer's sole cost and expense. The surveyor plat shall be submitted by Buyer to Seller for review and approval prior to recording and within a period of forty-five (45) days after the date of Seller's acceptance of this offer. 17. Deposit Authorization--Buyer hereby authorizes Seller to cash any checks that may be delivered to Seller as a deposit or option payment, and to take the amount of any such deposit or option payment into its accounts, with the understanding that it will not constitute acceptance of this offer; provided, however, that such authorization is given with the understanding that in the event the offer is not accepted the Seller agrees to refund the amount of any deposit in full. 18. Rail Service--Nothing in this Agreement shall prevent Seller from discontinuing service over any railroad Ime or lines by which rail service may be provided to the Property. 1" T . ~ ./. L~~C:S lU1 rentals unless such prepaid or unearned rentals for each lease exceeds the sum of ase--Buyer agrees to keep rentals, taxes and other charges (Lease No.) fully prepaid with any refund or 4 "'ithm the Property t...~:_~ _H_~ y, ...........J.~J.:;, t" \.,.6...... site within the Property Cancellation of said lease shall be upon the date of conve 21. Leases Other than Buyer--Leas (Lease No. GN), bemg in the name of other than . Buyer, shall be 0 uyer upon date of conveyance of the Property and will be subject to L .~C;-Li"~(;~~ of prepaid rental, payable to B::::/~:, .:::; ~f date of con','eyance. 22. Complete Agreement-- ThIs Agreement contains the entire Agreement between Seller and Buyer with respect to the Property and, except as set forth in this Agreement, neither Seller, nor Seller's agents or employees, have made any agreements, covenants, warranties or representations of any kind or character, express or implied, oral or written, WIth respect to the Property. ADDENDUM PROVISIONS 23. ThIs Agreement relates only to land. Unless otherwise herem provided, any conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's bUIldings and any other improvements on the Property, all of wmch may be removed by Seller within ninety (90) days following conveyance of the Property, and ifnot removed, shall be deemed abandoned by the Seller without oblIgation on the Seller's part and shall thereafter be and become the Property of the Buyer in place. 24. A reservation to Seller of all coal, oil, gas, casmg-head gas and all ores and minerals of every kind and nature including sand and gravel underlying the surface of the Property, together with the full right, privilege and lIcense at any and all tImes to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the Property, together with the right of access at all times to exercise said nghts. . 25. Seller is not a foreign person as the term is used and defined m Section 1445 of the Internal Revenue Code of 1954, as amended and the regulations promulgated thereunder. Seller shall, upon request of Buyer, complete an affidavit to this effect and deliver it to Buyer on or before closing of said sale. 26. It IS specifically agreed and understood by the parties hereto that the Buyer shall, before May 20, 1998, accept and sign this Real Estate Purchase and Sale Agreement and return same together with the $11,500.00 depOSIt named herein to Seller. Failure of the Buyer to perform within the time restnctions \\ill render this Agreement null and void in its entirety. 27. Buyer has been allowed to make an inspectIOn of the property and has knowledge as to the past use of the property Based upon this inspection and knowledge, Buyer is/are aware of the conditIOn of the property and BUYER IS AWARE THAT BUYER IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, Ml) THAT BUYER IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM SELLER AS TO Ai"-Y MATTERS CONCERNING THE PROPERTY, including the physical condItIon of the property and any defects thereof, the presence of any hazardous substances, wastes or contaminants in, on or under the property, the conditIOn or existence of any of the above ground or underground structures or improvements in, of or under the property, the condItion of title to the property, and the leases, easements or other . agreements affecting the property. Buyer aware of the nsk that hazardous substances and contammants may 5 be present on the property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Seller from any and all present or future claims or demands, and any and all damages, loss, injury, .ility, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Seller remaining property or the operations or business of the Seller on its remaining property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Seller under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of Buyer to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. . The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation, petroleum oil and any of its fractions. 28. The parties agree the terms, conditions, and addendum provisions of this agreement shall survive closing. BUYER MUST CLEARLY SET FORTH FULL AND CORRECT NAMES OR PARTY OR PARTIES TO WHOM TITLE WILL BE CONVEYED, THEIR ADDRESS, THEIR RELATIONSHIP, IF ANY, AND WHETHER CONVEYANCE IS TO BE IN JOINT TENANCY OR OTHERWISE, AND IF A COMPANY, WHETHER IT IS A PARTNERSIDP, TRUST, TRUSTEE OR CORPORATION, ADDRESS OF PRINCIPAL OFFICE AND STATE OF INCORPORATION . 6 This offer consisting of7 pages and by said Exhibit "A" attached hereto, is made a part hereof, has been . made, signed and sealed in duplicate by the Buyer this _ day of , 1998. Buyer's name as it is to appear on deed: (PRINTEDffYPED) By: x NAME(PRINTEDfIYPED) SIGNATURE TITLE (OR 2ND SIGNATURE IF PARTNERSHIP) STATE OF INCORPORATION ADDRESS OF BUYER CITY, STATE AND ZIP CODE TELEPHONE NO. (INCLUDING AREA CODE) . The foregoing offer is Accepted by Seller this day of 1998. The Burlington Northern And Santa Fe Railway Company BY: TITLE: . 7 ,,/ - 4y:'}~... ", !;<;- ,-, c-,.. ~~ ~~ u ... - .. -~ =>41 ~... ,.- ---...., \ Il--_ .... - \ I ,', ~ '--,,--, \ ,,' ,/ 'II -"I' \ 'I'U -\- 150' f, -- ':', \;:1 'i "\l~ \ I oj d' 6\' ,,~ :\ 1~\'3 It-= \ \ ,I i ~, \i~- :d 10: \ _ \ II 0;';; r- \ \. ~_~ _ J I~_.:-- __--l~ ..:~ "': \ t~ -, ~ --- \- -r~ '. ',I ~.:~ ~___/ __ '--- I. 1 .~\;,.... -;;' . _ to 110 '. I, ~-r---Z' - =--;1.:- ... , If) "',;.' t' e:- -::::;-:-- . . ;0 L-L~' 11.Sl~~~, .' tJ!?fr -~ '$S I ~~ t~51;"J/ f'/l~~ , .... ~ I".:S' 1 1 >t e ;TY '.... -" '- - . I~' _ _ _.---z:=.=-- _ _ _ --- ", _ -_ _4 .....1":""'" - , - ~ , ",.11 I' '~5 --p;j"~;~~.....7:-:-. ~~_~'~ --=---.: - _~~~~-l- ~ ~,2. . _ __ ___ _, -- --- t I&"Rt.?S.".,. -.- .:-_ _'__1..::::I'-=_-=-~-= :-=--=-=-~-' .J....c::-~-~; ~~.~._ _ ;;;;:::= - - , --= -- t . 0:- "" ~ tt:j _ A@__ --- --------- --~ ---- ;;, -,- ~~--~.~ 0-;' ~ -- -II I - . 1~'];,l7ks - -,I." "~~ !': 1 '.w '-. - ] < 7 .~- . 1 .-- ..' . . - ~~ c:llNDlCATESSALEAREA - I ~~ . -0- . I;; I, J \ ~ ~,~ .. .( I~ 1~4 . .~ "" ..:. II"l "'~I\~ I ~ ... 0' 'I~I ~ """ t- cr-\llgll~ .~" , ~ tlu IIDoI - n' 11"\ F:--', 'i;;::- ~ 0 'l\P1 ~ ..~ :..--- "'\ i..... \\ la' ~ = .:l .,..- 'I'" _ ",4.4 "2\.~"'" __..J:._I~.'__ - -...., -. . --w~:....-: ,~tr~itU-5iw!.r.::..~~'---:--:-: ~--- --:-N.-7Jf--.i-1t-~ -1J!>: --- :;;-1\ \~~\ \ I I . ~o , ' \ \400"r' \ \ ~-- \ ~ \ - I~." "l I \tl "i ~ ~ I ~ 10 I , , ~ \ ~\ \ =.< I II ~ , 9. 1_ 1 . \ - .:: ~ \ II ~\ Co, ~ ~i': ' \ ,,,, ::: \ t\ ~'b j; t.; I \ ~ ~ ""- jJ.! ;J ~, ~ \ - \ 700:.\ '6 /l \ <~~ \ . 1 rp -.-1--, ~ c:t~, ~~ . --_____ . \1.0Q.5:)_--,-_. -:::::I~ G~ \ ct:..----r-=i:: ~ z~-~~--=-..--:-=-:--=---;_-.lJ-- \ \ \ ll-l"'\ \ ~"'~ I 1\ \ ' 'I..r\ \ \~C:: , ~. to --' \ \ 4 \ 5 ~ \ -' i~ \ ;'_-:2 ~ 1. \ ~ =='~ tr)~ , I <:: \ \ ~-(. \ \ '\ I ~ ,~ . \ \ \ \ 1\ ~ \ \ -.J~ \ 1 \ ,I ~ L~ \ \ so _ so L 51) \ - '.,\,lI'T'I 'oe1' Co. o ~ { .: v ~:. EXHIBIT-A- rnE BURLtN<fTON NORrnERN AND SANTA FE RAILWAY COMPANY .AININO ACRES >1. crrv .. i II wd,....... COUNTY.YIA.s It\'ft C1'1l STATE In ilV'l!L$ i~ , II 1 - J . / ./. .., SCALE ~ = DO DATE 3//4'/?R AFOI COUIDOft SA/SF ,Aj o,.+k DIVISION .n1 ;'i'I:r\.escfa.- GRANTEE ~ify O~ S+ill~r . ORA WINO NO ----l , ~ PURPOSE PROPOSED WORK PROGRAMS FOR CITY FORESTER . I ASSIst in the development of an amended tree preservatIOn ordmance. 2. Develop tree preservatIOn plan. 3 Develop a tree inventory (approximate area of cover, tree diversity, overall conditIOn of trees, etc.). 4 Consulting services. A. Tree inspections. B Tree plantings. C. Tree removal. D Tree maintenance. E. Review of development plans. 5 Education services A. Phone hot line for citizen questions. B. Newsletter artIcles. C. Possible development of educational video for use on local access channel. . 6. Obtain Tree City status. . . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202. PO Box 438. STILLWATER. MN 55082 TELEPHONE (612) 439-9464. TELECOPIER (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO City Council and Staff David T Magnuson, Stillwater City Attorney ~ V April 3, 1998 FROM DATE SUBJECT Rivard Property Acquisition Status Steve Russel and I have had several meetings with Burt Rivard and his representatives It has become apparent, however, that agreement will be difficult to reach. Our appraisal value of $675,00000 is not acceptable to Rivard His latest demand is for $1,000,000 00, plus a life estate in the house for Burt, has wife, and their daughter Rhonda (age 40) The Council has several options. 1 ) Continue talkimz with Rivard Time consuming with little chance of success. 2) .Abandon efforts and look for other property It might be possible to find a willing seller, which is the key to a satIsfactory result. 3) Initiate Eminent Domain Proceedimz-s Expect to pay substantially more than the appraised amount. Also, the cost of the appraisals, commissioners, and attorneys fees (which could amount to $10,000 to $15,000) We await Council direction HOPE HOUSE OF ST CROIX VALLEY 451 North Everett Street Stillwater, MN 55082 (612) 351-0907 }uliaZenge Executive Director Lynn DeRuyter Care Director Board of Directors Suzanne Sdulhng PresIdent Resa Sllha VIce Pre<>1dent . Hessehnk asurer Patncra Bentz Co-Secretary Terr}' BenMJn Co-Secretary Greg D0yle Chry,> Gms,> BI II McCarthy J0Ann Wolf Scott Za hren . March 25, 1998 City of Stillwater Mayor and Council 216 North 4th Street Stillwater, MN 55082 Dear Mayor and Council, Hope House of St. Croix Valley, located at 451 North Everett Street in Stillwater, would like to request the closing of North Everett Street at West Linden Street to West Cherry Street, including West Cherry Street to the dead end, on May 9, 1998. We are making this request to enable us to conduct our annual fundraising auction. We would like to have the street closed by 7:00am. Our business will be finished by mid-afternoon and we agree to reopen the street at or before 4:00pm. In the event this request is granted we will need to have information regarding the borrow, lease or sub-contract of barricades for the street closing. Hope House will take responsibility for picking up, placing, removing and returning the barricades on May 9, 1998. On behalf of Hope House I would like to thank you for your consideration on this matter. Please contact me at 351-0496 with any questions. (j~1 ] a Zenge EXecutive Director , . Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: 04/03/98 Re: Transfer of Liquor License - Lowell Inn Mr. Art Palmer, Lowell Inn, Inc., dba, Lowell Inn, has requested the on-sale and Sunday liquor license for the Lowell Inn be transferred to Semper Lowell Associates, dba Lowell Inn. All forms and fees have been received and background investigations completed. . Action requested: Resolution approving transfer of on-sale and Sunday liquor license from Lowell Inn, Inc. to Semper Lowell Assoc. . 1 \ \ @ .....-'-'" MlIll1esola DepartmCDI of Public Safety LIQUOR CONTROL DIVISION 444 Cedar 51. SUIle 100 1., 51 Paul, MN 55101-2156 Fax (612)297-5259 (612)296-6430 ITY (612)282-6555 c1'Q1l.,;...... J:~--:;,9.., ~~.... ._~ '~:."(N~ ~ .~''fIO:~ . CERTIFICA TION OF AN ON SALE AND/OR SUNDA Y LIQUOR LICENSE No license will be approved or reJeas.erl until the S20 Retailer ill Card fee is reeeh'ed by MN Uquor Control WorkersCompensalJonlnsuranceCompany GENERAL CASUALTY CO ,Pollcy# CWC 0197816 , LICENSEE'S SALES & USE TAX ill # APPLIED FOR To apply for sales Ia."( number, call 296-6181 or 1-800-657-3777 ISSUING AUTHORITY CITY OF STILLWATER COUNTY OF WASHINGTON I Licensee Name (Corporation, Partnership, IndMdual) Trade Name or DRA SEMPER LOWELL ASSOCIATES LOWELL INN I Business Address I CIty 102 NORTH SECOND STREET STILLWATER I Llcensc Type (Check one or both) LI~fiQl(d Ql On SaJe 0 Sunda From~1 r. 1998 To DEC. 31 I On SaJe ucensc Number On Sale Fee Sunday Llccnse Number Sunday Fee a ,~Of) d-OO If a artnenbi ,state the ~a~ and '~ddress of each partner; If a corporation, s12te the Dame and address or each offICer. Partner/Officer Name (First, middle and last) DOD ~TitJe I Address r~~~_ 4/16/ PARTNER 600 FOSHAY TOWER, MPLS., MN 55402 HOWARD B. BERGERUD Partner/Officer Name (First, middle and last) 008 Title I Address G~'lCCRAIG CHRISTENSEN 2/9 / 4~ PARTNER 600 FOSHAY TOWER, MPLS., MN P>rtncr/Offi"" N""e (F"". nuddJe .00 1,-,,) OOB T>tl, I Addre" I ZIp Code 55082 i County 1998 WASHINGTON Business Phone The LIcensee must have one of tb.: followlDg Qed one CiA Llquor Liability Insurance (Dram Shop) . S50,OOO p.;:r person, S J 00.000 mor.: than one person, S 10,000 Property [kstructJOn, S50,OOO and S 100,000 for lo~ of means of suppor1 (ATTACH CERTlFJCA TE OF INSURANCE TO TIilS FORM.) or DB. A bond of a surety C<:lmpany mth minirDlun coverage as specIfied above ID A or DC. A certIficate from the Stale Treasurer thaI the licensee bas depoSl1cd \\lth thc Slate, Tru~1 Funds havIDg a market value of S 100,000 ID cash or securihes DYes Be No Dunog the past lIcense year has a summons been issued under the LIquor CrvlJ LIability Law (Dram Shop)? If yes, attach a COPy of the summons Chcd, those Items that aoolv TransactIOn Type ~ Ne~. .' 0 Revoke/Cancel o Transfer 0 Suspension Transfer of ownershIp from (Name and Address) l~~ .Jl..v..L., /6 rl-. tJ.;> ""~<;T. ~-t'A) I certIfy thaI thlS hccnse was approved ID an officllu mcclIDg by the goverrung body of the clly or county CLrcle one S uspend/Revok e/CanceUed From To Dale R'"C;.;~.!~ ~<~(,~~OTICE A~l3d hqUof)J",o,,,,, mo.! i#J,,,, 'F, "#~"up'''o",1 '''mp Alcohol, Tobacco and FJreolrm~Wtfr a' ar~~96 '[hJ-e 5-/~-?cr- Thi3 3tamp h i3Sued b) the Bureau of PS 9011-94 Mar-3l-9B 02:29P Art & Maureen PalmerFarm 612-430-9242 P.Ol . LO~ ~......L ...~..... ~02 N. lileco~d SL ..ill'Vl7a-ter laN 5&082 e~2/4a0-38'71 I 612/480-8242 F'arza.: ..C)PPICB P'~: ......... pt~ March 31. 1998 FAXED TO: 430-8809 CIty of StIllwater AITN NIle Kriesel Morli Weldon, City Clerk City HaJJ Stillwater MN 55082 . RE: Liquor License Application for Semper Development, Inc You are hereby authorized to proceed WIth the liquor lIcense application of Semper Development, Ltd If possible, I would appreCIate this matter being approved at eIther the speCIal or regulars cOUDcll meeting today, A 1oI~IU t ~l, 1998. fYl LU~ 31 , If you have questions please give me a call at 430-3571 ~~ Arthur V. Palmer, President . C 'My Ooa.mcntslr OWFI L SFMPER\L:UcrsISEMPER UQ LICENSE .MAS ] dt>c1 03/31198 :2 411 PM RESOLUTION 98 . APPROVING NEW ON-SALE AND SUNDAY LIQUOR LICENSE SEMPER LOWELL ASSOCIATES DBA LOWELL INN WHEREAS, an On-sale and Sunday Liquor License was issued to Lowell Inn Inc (Art Palmer) dba Lowell Inn located at 102 North Second Street; and WHEREAS, Lowell Inn, Inc. has agreed to the transfer of the liquor license to Semper Lowell Associates and; WHEREAS, there is currently an On-Sale and Sunday Liquor License available for that location; and WHEREAS, a request has been received from Semper Lowell Associates dba Lowell Inn, 102 North Second Street, for an On-Sale and Sunday Liquor License; and WHEREAS, all required forms have been submitted and investigations completed; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, MInnesota, hereby approves an On-Sale and Sunday Liquor License for Semper Lowell Associates dba Lowell Inn, effective upon date of sale of Lowell Inn to Semper Lowell Associates through December 31, 1998. . Adopted by CouncIl this 7th day of April, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . ~... (< MEMORANDUM TO: Mayor and City Council FR: . Downtown Parking Commission V DA: Apn12,1998 RE: Downtown Parking Lot Improvements In anticipation of Summer 1998 and our parking season, the Downtown Parking Commission has reviewed the conditions of the pay parking lots, the South Main and River Lots. Both lots are in need of repair. The Parking Commission received an estimate for reconstructing the South Main Lot. As proposed, the reconstruction would be made by Impark using the year's parking receipts. The estimated costs of the reconstruction is $49,811. The estimated revenues from the pay parking program is around $40,000. Any remaining balance for construction could be paid for in 1999 or 1997 parking revenues could be used to pay the remaming balance. F or the River Lot, funds were received from the federal government because of flood damage in 1997, $18,000 was received. The estimated cost of repairing the River Lot is $15,000. The attached proposals detail the costs for the lot improvements. If the lot improvement authorization is provided at this meeting, the improvements can be made before May 15th, the beginning of the busy parking season. The UBC condo project and Second Street parking structure have not proceeded as proposed. The Parking Commission feels that the city should again consider improving the lot for the upcoming season. The site was originally purposed for parking and the need for parking in the area has increased due to the opening of the Grand Meeting Center. A parking improvement district approach to financing could be used to improve all or a portion of the lot. After improvement, the lot could be made a pay lot. Downtown Parking Commission Recommendation: 1. Enter into agreement with Impark to have South Main Lot reconstructed at a costs not to exceed $49,811 (resolution). 2. Authorize public works to have River Lot reparred and overlaid for $15,000 using "flood funds". 3. Direct staff to report back on status ofUBC lot at 4-21-98 council meeting. '\ _II j Flpr 01 98 05:24p Master En~lneerln~ (612\ 377-4817 p.4 Apr 01 S8 05:24p Master En~lneerln~ - ~ --~).-~- l612J 377-4817 p. '; ,.-.... eMI & Construdion Engineering, Inc. 4- ., , · oIi(.) ~ I. · ~9 I I lZJ 7;. { 6'~'" ,,:: : . ~' . S~ - . WJ i ... ~ 1.11 '0 -'~--. I t~ >l t 11 . ,-, ~ t "'.~ ''''''~ .-,Qs~ '1.1.. ".l . I", ~ . . so ...JI, Je';l.o I t ~ ~ i ) . \J -}J. ~ I . ~.I N I . t -. / I ".s,~ ~ i " Ii ;:.t) r~' ...! I :,8) /' ~~'xIe' ,/ , . ., ! 2 1 . fJ ~~.J:e .' --. . . ~. Kit · , " .4!- . t · 1..'-1 \ I , ,r -' .. I ,'t$,j i : ~J ~ ;, I ,.~,~~ . .~ . ~~ . I..~ Lor #:~L ~ 2416 West 24t1l Street., Minneapolis, MN 55405 TeVFax(612} 377-4817 Sitewod Planning &. Development. Construction Management. Site Feaitoi!ity I Cost Analysis ....l AI ... . . . MEMORANDUM Apnl 2, 1998 TO: Mayor and CIty CouncIl r!--r:7 / FROM: Klayton H. Eckles City Engmeer SUBJECT: ReVIew and Approval of Wetland Replacement Plan For Legends of StIllwater Project 9741 DISCUSSION: As part of the Wetlands ConservatIOn Act the CIty has the responsibility to act as the Local Government Urut m revIewmg wetland Impacts caused by development. General cntena call for developers to I) avoid wetland Impacts; 2) minimIze the Impacts that do occur and 3) mitigate where necessary. MitigatIOn generally involves recreatmg new wetlands at a rate of 2 to 1 where eXIsting wetlands are filled. As part of the Legends development a small wetland will be filled near Staples Place. In Its place the wetland located just south m the park will be enlarged and two storm water management ponds WIll be created. Staffhas reviewed the proposed wetland mitigatIon and has received comments from mterested agencies. Also, BRA reviewed the storm water and pondmg plan to ensure its compatibilIty WIth the AUAR. The findmgs mdIcated that overall the development does a good Job of avoidmg wetland impacts. Of the seven wetlands only one reqUIres any mitigation. The Soil and Water ConservatIOn DIstnct had three comments (see attached). Two of the three comments I believe have been adequately addressed. The last comment IS regarding the type of wetlands seed mixture used on the mItigatIOn. As a conditIOn of the mitigation plan approval we wIll reqUIre that the developer's modify the seed mixture to meet the approval of the Washmgton County SWCD. RECOMMENDATION: Staff recommends that CIty CouncIl approve the wetland mitigatIon plan for the Legends of Stillwater Wetland Replacement Plan subject modIfication to the seed mIxture. ACTION REOUIRED: If CouncIl concurs with the recommendation they should pass a motion adopting ResolutIOn No. 98- RESOLUTION ADOPTING THE WETLANDS MITIGATION PLAN FOR THE LEGENDS OF STILLWATER. MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS -- WASHINGTON SOIL AND WATER ,j CONSERVATION DISTRICT 1825 Curve Crest Blvd. Room 101 Stillwater, MN 55082A (612) 430-6820 Fax (612) 430-6819- February 26, 1998 Klayton Eckles, City Engineer City of Stillwater 216 Nortb FOil~h Street Stillwater, MInnesota 55082 RE: Wetland Replacement Plan - ReVIew Comments -Legends of StIllwater Dear Mr. Eckles: The Washmgton Soil and Water Conservation Distnct has reviewed the Wetland Replacement Plan submitted by Westwood ProfeSSIOnal Services for Legends of Stillwater, 62nd Street, NW1I4 Section 31 T30N R20W, in Brown's Creek Watershed District. The wetland replacement plan was reVIewed for conformance with the Wetland Conservation Act (WCA). Stillwater IS the Local Government Unit for the WCA and may incorporaA our agency's comments into the City's review process. Based upon the plans submItted on February 10, 1998,'" would offer the following comments: Note' Specific recommendations have been underlmed 1 The fillmg of Wetland 5 could be argued as being avoidable. Documentation of alternatives should address alternatIve project configurations, or an explanation of why Lot 8 Block 8 was necessary to the overall project However, due to the site constramts, the apparent care taken to minImize total wetland impacts on this SIte, and the mItIgatIOn being proposed, we will support the LGU's acceptance of sequencing on this spccifi~ impact. '.Ve enCOllr:lge the use :Jf conservation easements on the natural areas that will be preserved. 2 The plan proposes revegetation with a "wet prairie seed mix," however the lIst provided in Attachment 2 includes very few hydrophytic species. Of the grasses, only sWItchgrass is Fac or wetter (Fac+). This mix would make a wonderful upland buffer around the wetland, but we suggest that the seed mix planted in t~ wetland and wetland frine-e inclu~ a higher percentage ofhydrophvtic speCIes. 3 The plan proposes a combination of new wetland credit and publIc value credIt for stormwater ponds as mItIgation Treatment ponds qualify only if they are constructed to pretreat runoff pnor to discharge to wetlands, publIc waters, or other water bodies Therefore, we suggest the plans for thes~ ponds be reviewed. bv the MInnesota Department of Natural Resources. the agency With iunsdlction over Long Lake. Approval of the public v;;lllJt Gr.~d.l.t should be contmgent lJ90n f;:IV0!"B.bl.~ review by the MnDNR as to the expected water qualIty benefit~ . AN EQUAL OPPORTUNITY EMPLOYER . ~ February 26, 1998 Page 2 RE Legends of Stillwater .' 4. The Plan Application (page 3 item 5. Note:) states that the hydrology for the created wetland will be supplied by overflow from a stormwater pond to the west. The plan drawings do not show a stormwater pond to the west, but show a natural wetland adjacent to the proposed creation area. This discrep~ betweeQ.llilIfative arul drawinlI should be resolved. If the wetlands to the west or north will be altered into. stormwater ponds. additional review will be needed. Overall, I feel this project could be approved with some conditions consistent with the comments listed above. Since there has been substantial public interest in this project, which probably will continue during construction, feel free to call us if concerns arise over wetland impacts, erosion control, or surface water management. The SWCD would be happy to make periodic site visits to supplement the city's inspections. I hope this letter assists Stillwater in the review process for the Legends of Stillwater project. If you have any questions about these comments, please call me at 430-6828. Sincerely, ~.-. ~ Lf/d/J-c neen Thatcher etland Technician cc: Ken Powell, Westwood Professional Services, Inc. Brown's Creek Watershed District Matt Moore, BWSR Molly Shodeen, MnDNR . RESOLUTION NO. 98- RESOLUTION ADOPTING THE WETLANDS MITIGATION PLAN FOR THE LEGENDS OF STILLWATER. WHEREAS, the City of Stillwater is the Local Government Vmt in reVIewmg wetland rmpacts caused by developments; and WHEREAS, the developers have submitted a mItigatIOn plan for the Legends of StIllwater Wetland Replacement Plan; and WHEREAS, the City of StIllwater requested and receIved comments from vanous agencIes. NOW THEREFORE, be It resolved by the City CounCIl of the City of StIllwater that the wetland rmtigatIOn plan for the Legends of Stillwater Wetland Replacement Plan IS hereby approved subject to the modification to the seed mIxture used on the mitigatIOn. Adopted by the City CouncIl of the City of StIllwater this 7th day of April, 1998. By: Jay Kimble, Mayor ATTEST' Morl1 Weldon, City Clerk . , . . . , . . . WETLAND PERMITS APPLICATION NARRATIVE THE LEGENDS OF STILLWA TER, STILLWA TER, MINNESOTA February, 1998 PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS The Legends of Stillwater IS a resIdential housmg project mvolvmg the development of 74 77 acres of farmland and deciduous woodland along the western shore of Long Lake mto 155 single-family resIdential lots to meet the demand for reSIdential housmg m the Twm CIties suburbs. The site IS located m the W Y2 of Section 31, T 30 N, R 20 W, CIty of Stillwater, Washmgton County, Mmnesota (ExhIbIt 1). The property is bordered on the east by Long Lake, on the south by 62nd Street, and on the north and west by farmland and deCIduous woodland. Access to the SIte is proposed from 62nd Street along the southern border of the SIte VIa ReunIon Road from the proposed development to the north, and three potential future accesses from the property to the west If and when It IS developed in the future. The project SIte contams seven wetlands that encompass a total of2.1 acres Wltlnn parcel boundanes (ExhIbIt 2). The approved Prelimmary Plat (EXhIbItS 3) entaIls 1,240 square feet of wetland fill and 1,860 square feet of antiCIpated wetland drainage (see ExhIbIt 4). The apphcant proposes to meet and exceed replacement reqUIrements by creatmg 3,185 square feet of new wetland adjacent to a 0.8-acre wetland. Allowable Pubhc Value CredIt for stormwater pondmg on the SIte IS 71,727 square feet (1.6 acres). There are two proposed stormwater ponds encompassmg a total of95,636 square feet (2.2 acres) wIthm theIr respective normal water level elevatIOn contours (ExhibIt 4). The WCA allows Pubhc Value CredIt up to a maXImum of 75 percent of thIS pond area. The overall wetland replacement exceeds WCA statutory requIrements by mcludmg 1: 1 wetland creatIon for the fill and dramage exceedmg the dImImmIS (3,100 sf - 400 sf= 2,700 sf) plus an addItIOnal 485 sf of wetland creatIon and 71,727 sf ofPubhc Value CredIt from stormwater pondmg. Wetland replacement is not reqUIred under SectIon 404 ofthe CW A because the project mvolves less than 0 33 acres of alteratIon of an Isolated wetland WETLAND OVERVIEW Wetland Delineation Methodology Wetland boundanes were delmeated and flagged m the field on Apnl 22, 1995 by Arhg EnVIronmental, Inc. usmg the Corps of Engmeers Wetlands Delmeatzon Manual (EnVIronmental Laboratory, 1987). ThIS manual IS currently followed to delmeate wetlands regulated under the MInnesota Wetland ConservatIon Act of 1991 and SectIon 404 of the Federal Clean Water Act. Delmeated wetland boundanes were located usmg land surveymg methods and are shown on ExhIbIt 2. "" Westwood ProfeSSional Services, Inc (612) 937.5150 , The Legends of Stillwater Wetland Permits Application Narrative Page 2 February 1998 . Wetland Delineation Results The sIte contams seven wetlands encompassmg a total of 2.1 acres wIthm the parcel boundanes. Two wetlands were delmeated m addItIon to the five IdentIfied on the NatIonal Wetlands Inventory Map for the area. Based on the ArlIg EnVIronmental, Inc. delmeation report, Wetland 5 (proposed to be filled and dramed) IS a Type 2 wetland dommated by reed canary grass. Wetland 7 (proposed to be expanded for wetland mItIgatIon) IS a Type 3 wetland WIth smartweed, reed canary grass, green bulrush, wIllow, and aspen as dommant plant speCIes REGULATORY FRAMEWORK The proposed wetland alteratIons are regulated under: . The Mmnesota Wetland ConservatIOn Act of 1991, as amended (WCA), admmIstered m thIS area by the CIty of StIllwater (CIty). . SectIOn 404 of the Federal Clean Water Act (CW A), admmIstered by the V.S Army Corps of Engmeers (Corps). Minnesota Wetland Conservation Act, as amended Under the WCA (Mmnesota Wetland ConservatIon Act of 1991, as amended), submIttal and approval of a Wetland Replacement Plan ApplIcatIOn IS reqUIred for the 1,240 square feet of wetland fill and 1,860 square feet of wetland dramage proposed. ThIS amount offill exceeds the 400 square-foot demImmis exemptIOn for a Type 2 wetland m a shoreland area of a county WIth less than 50 percent of pre- settlement wetlands remammg . Section 404 of the Federal Clean Water Act Because the project mvolves 3,100 square feet of wetland alteratIon In an Isolated wetland, the project IS elIgIble for authonzatIOn under NatIOnWIde PermIt 26 and does not reqUIre a pre-constructIOn notIficatIOn (PCN) m accordance WIth the Corps of Engmeers "NotIficatIon" general condItIon SEQUENCING The applIcant recognIzes that the WCA rules reqUIre sequencmg for wetland aVOIdance, Impact mmImIzatIon, Impact reductIon and elImmatIon over tIme, and replacement. The project has been deSIgned to aVOId wetland fill to the extent practIcable gIven the development goals. Alternatives Considered ConsIderatIon was gIven to multIple deSIgn alternatIves before the project proposer settled on the Proposed Alternative The followmg alternatIves were conSIdered: 1 No BUIld AlternatIve 2. AlternatIve SIte Plans 3. Proposed SIte Plan (PrelImmary Plat) . '" Westwood ProfeSSional Services, Inc (612) 937.5150 -, ~ I The Legends of Stillwater Wetland Permits Application Narrative Page 3 February 1998 . ~.T _. .__ __.._~U No BUild Alternative The No BuIld Alternative would totally aVOId wetlands. However, the No BuIld Alternative IS not consIdered practicable because It would not fulfill the apphcant's purpose for the project and would not satisfy housrng demands rn the Stillwater area. Alternative Site Plans Alternative sIte plans WIth equivalent lake frontage rn the lInmedIate vIclmty would lIkely rnvolve sImIlar wetland impacts. Alternative SIte plans were ehmrnated from consIderation after several deSIgn refinements that led to development of the Proposed SIte Plan (ExhIbIt 3) that was accepted by the CIty as the Prehmrnary Plat. Proposed Site Plan It was determmed that the Impacts to the lInmedlate watershed of Wetland 5 would affect the hydrology of the wetland to the extent that It would degrade the already low qualIty of thIS small, Isolated basin. DIrect impacts to the remamrng SIX wetlands have been aVOIded by the proposed site plan. The major emphaSIS of sIte planmng has been preservation of the oak woodland located m the northeast portIOn of the SIte and along the lake shore. The oak woodland and the lake shore woodland are both conSIdered to be more valuable natural amemtIes than Wetland 5. . Wetland Avoidance and Impact Minimization The project has been deSIgned to aVOId and mmimIze wetland Impacts to the extent practIcable gIven the mtended use of the property. The Proposed SIte Plan represents the best avaIlable compromIse between the project purpose, site constraints, wetland preservatIon, oak woodland preservation, and lake shore protectIOn and preservation. The project deSIgn totally avoIds SIX of the seven wetland basms that occur on the SIte, or about 97 percent of the total wetland area Impact Rectification Because It WIll not be pOSSIble to restore the wetlands that WIll be filled, Impact rectIfication IS not feaSIble. Therefore, the apphcant IS proposmg wetland replacement Impact Reduction and Elimination Over Time SIlt fence WIll be used to curtaIl soIl erOSIOn, mlmmIze water qualIty Impacts, and protect eXIstmg wetland functIOns and values dunng and after project constructIOn. SIlt fence WIll be mstalled at the proposed gradmg hmIts pnor to the mItIatIOn of earthwork and WIll be mamtamed untIl VIable ground cover IS establIshed on all exposed solls. VegetatIve cover WIll be seeded on newly graded slopes wIthm 72 hours after completIOn of final gradmg. Other Best Management PractIces WIll also be conSIdered to comply WIth the NPDES General PermIt for constructIOn actlVltIes, whIch IS admmIstered by the MPCA. . '" Westwood ProfeSSional Services, Inc (612) 937.5150 ~ The Legends of Stillwater Wetland PermIts Application Narrative Page 4 February 1998 . Request for Sequencing Flexibility Sequencmg fleXlblhty (MInnesota Rules 8420.0510, Subpart 7a) IS appropnate If. 1. the wetland to be Impacted has been degraded to the pomt where replacement of It would result m a certam gam m functIOn and pubhc value; 2 preservatIOn of a wetland would result m severe degradatIon of the wetland's ablhty to functIOn and prOVIde publIc values, for example, because ofsurroundmg land uses and the wetland's abilIty to functIon and provIde publIc values cannot reasonably be mamtamed through other land use controls or mechamsms; 3 the only feasIble and prudent upland SIte avaIlable for wetland replacement or development has greater ecosystem functIon and publIc value than the wetland, 4 alternatIves are demonstrably cost prohIbItIve; or 5. the wetland IS a SIte where human health and safety IS a factor. The applIcant submIts that Items 1 and 2 apply to the proposed wetland Impact for The Legends of StIllwater ProJect. Sequencmg fleXIbIlIty should be conSIdered because of the followmg reasons' Due to the proposed surroundmg land use (resIdentIal lawns and streets) and small wetland SIze (0.07 acres), preservatIon of the wetland to be filled and dramed would result m degradatIOn of ItS abIlIty to functIOn and prOVIde publIc values. Small, Isolated wetlands that lack standmg water tend to become dumpmg grounds for lawn wastes and other debns. ThIS conSIderably compromIses the wetland's abilIty to provide aesthetIc value, WIldhfe habItat, water qualIty . benefits, and other functIons and values typically assocIated WIth wetlands m an urban settmg. Even If the wetland were not filled, constructIOn of nearby streets would redIrect much of ItS trIbutary dramage area, causmg It to become more dry and most lIkely leadmg to ItS converSIOn to resIdentIal lawn. Wetland replacement adjacent to a larger, contiguous wetland WIll result m a net gam m publIc value 2 The bIotIc mtegnty of the wetland to be filled IS degraded It IS dommated by reed canary grass, an mvasIve exotIc speCIes The applIcant also submits that preservatIon of the oak woodland (m the northeast corner of the SIte) and the lake shore should be the pnmary emphaSIS of SIte planmng because both have greater ecosystem functIOns and values than Wetland 5 . '" Westwood ProfeSSional Services, Inc (612) 937-5150 -, . . . The Legends of Stillwater Wetland Permits Application Narrative Page 5 February 1998 WETLAND REPLACEMENT Wetland Replacement Required II ( Under the WCA, approxImately 5,400 square feet of wetland replacement credIt IS requIred to compensate for the proposed wetland fill The proposed wetland replacement calculatIons follow' 1,240 sq ft. of fill + 1,860 sq. ft. of drarnage 400 sq ft. demrnImIs exemptIon 2,700 sq. ft. ~ (2.1 ratIo) 5,400 sq. ft. ofreqUlred replacement At least half of the replacement credIt (2,700 square feet) WIll need to be rn the form of New Wetland CredIt. Wetland Replacement Proposed The applIcant proposes to meet and exceed replacement requIrements by creatmg 3,185 sq. ft. of new wetland adjacent to Wetland 7 and constructmg 95,636 sq. ft. of water qualIty treatment ponding m the southern portIOn of the property (ExhIbItS 4 and 5). The basm WIll be excavated to the grades shown on ExhIbIt 5, and hydrology WIll be mamtained through the outlet control for Wetland 7 Due to the small SIze of the replacement wetland area, the wetland deSIgn cannot prOVIde undulating bottom contours and irregular edges. However, the replacement wetland WIll provide these charactenstics for the overall area of Wetland 7. The Wetland Replacement Plan (ExhIbIt 5) IS based on an assumed Normal Water Level and wetland boundary elevation of926 after constructIon. TopsoIl excavated dunng stormwater pond construction on the development SIte WIll be spread m the basm bottom at a depth of 6 to 12 mches to produce the fimshed grade and prOVIde a fertIle substrate for vegetatIOn establishment. To mImmize eroSIOn hazards and encourage slope stabIlIzation, regraded surfaces WIll be seeded as soon as practical and no later than 72 hours after completion of gradmg. Wet meadow and wetland frInge areas WIll be seeded WIth a wet prame seed mIX SImIlar to that shown on Attachment 2. Best management practices will be establIshed and mamtamed adjacent to the penmeter of the wetland. Appropnate vegetatIve cover WIll be establIshed on all adJommg slopes. Allowable PublIc Value CredIt for stormwater pondmg on the SIte IS 71,727 square feet (1.6 acres). There are two proposed stormwater ponds encompassmg a total of 95,636 square feet (2.2 acres) wIthm theIr respectIve normal water level elevatIOn contours The WCA allows PublIc Value CredIt up to a maXImum of75 percent of thIs pond area. The overall wetland replacement exceeds WCA statutory reqUIrements The replacement plan includes I: I wetland creatIon for the fill and dramage exceedmg the dImmImIs (3,100 sf - 400 sf = 2,700 sf) plus an addItIonal 585 sf of wetland creatIon. In addItIon, 71,727 sf ofPubhc Value CredIt from stormwater pondmg WIll be proVIded '" Westwood ProfeSSional Services, Inc (612) 937-5150 , The Legends of Stillwater Wetland Permits Appllcatron Narrative Page 6 February 1998 . Wetland Replacement Monitoring The wetland creatIon area will be momtored m complIance wIth the Wetland ConservatIOn Act Momtonng wIll mclude the followmg requITed components, as lIsted m the WCA rules: A descnptIOn of the project locatIOn, SIze, current wetland type (Cowardm classIficatIOn), and desIred wetland type (goal). 2 A companson of the as-bUIlt condItIons m relatIOn to the desIgn specIficatIOns (first annual momtonng only) and a ratIOnale for SIgnIficant changes. 3. Seasonal water level elevatIOns measured dunng the penod Apnl through October (msl or referenced to a known bench mark). 4. A lIst of the dommant vegetatIOn in the wetland, mcludmg common names of the vegetatIOn exceedmg 20 percent coverage and an estImate of coverage, for example, 50 percent WIllow, 20 percent cattaIl, and 30 percent sedge. 5. Color photographs of the project area taken dunng the penod June through August, referenced to the fixed photo-reference pomts IdentIfied on the Wetland Replacement Plan and labeled accordmgly. The replacement wetland WIll be momtored for a maxImum of five years after creatIon and momtonng reports WIll be submitted to the City of StIllwater each year. The replacement wetland WIll be exammed . three tImes between Apnl and October each year and the depth of standmg water or depth to free water m an unlmed bore hole Will be measured from the wetland hydrology momtonng pomts shown on the Wetland Replacement Plan. Color photographs of the vegetatIOn wIthm the wetland creatIOn areas WIll be taken dunng each growmg season from the photo-reference pomts shown on the Wetland Replacement Plan. Hydrology measurements WIll be evaluated to assess the vIabIlIty of the wetland m relatIOn to the creatIOn/restoratIOn goal. The percent coverage of dommant vegetatIon WIll be estImated VIsually and photos Will be taken from the fixed photo-reference pomts shown on the Wetland Replacement Plan and submItted to the CIty along WIth the momtonng report All momtonng reports WIll mclude a descnptIon of the condItIOn and composItIon of the vegetatIon wIthm the wetland replacement area When It can be shown that the mItIgatIOn IS successful, the applIcatIon WIll request that the remamder of the momtonng reqUIrement be waIved. . '" Westwood ProfeSSional Services, Inc. (612) 937-5150 ., . Sources USGS 7 5 Mnute Cluadrange (1967). M1IDOT BaseMap (1997) N W+E 2000 <:: o 2000 Feet The L~ends of Stillwater Wetland Permits Application USGS Topography and Site Location ,~... West/.Qod Profes5lonal &rv1ces. lroc " 75991\naga'n Dnve Eden Prame "tJ 55344 ~=5~~ EXHIBIT 1 , Long Lake Sources Wesl'MXld (1997) The L~end~ qf Stillwater Wetland Permits Application Delineated Wetland Boundaries 400 o 400 Feet N W+E S ,~. WesMood Profe5SlOl13l $erv!ces, Inc ~, 7599 Anagram D1'<9 Eden F'ralne. ~ 55344 ~=~~~ EXHIBIT 2 , g i Long Lake 'GB8G " . . . '/To--l: i. 'i " . I- : p . :. : i:: ~ . /- . I. " ~ '~'r- ,~ -" ..... .", SoLrces WesMood (1997) The L~en~ c;>f Stillwater Wetland Permits Application Site Plan (Preliminary Plat) 300 o 300 Feet I"- W*E S .. WesMood Prcte5SlOl1al Ser\'1ces, Inc '~~T 7599 kiagam 0rMl Eden Prane, MIl 55344 ~=~~~ EXHIBIT 3 - .J . METRO MEETINGS FYI A weekly calendar of meetmgs and agenda items for the Metropolztan Council, zts advisory and standzng committees, and three regional commzsszons' Metropolztan 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 mformatzon is also available on the Metro Information Lzne at 602-1888 and on our web page at: www.metrocouncil.org. Comments on Counczlzssues can be made by electronic mail at. data center@metc.state.mn.us or by callzng the Publzc Comment Line at 602-1500 DATE: March 27,1998 WEEK OF: March 30 - April 3. 1998 METROPOLITAN COUNCIL Planning Forum - Designating Permanent Agricultural Land - Tues., March 31, 9 a.m., Room 1A. Workshop on identifying land with potential as "permanent agricultural land." Includes demonstration of procedure for identifying such land. Technical Advisory Committee to the Transportation Advisory Board - Wed., April 1, 9 a.m., . Chambers. The committee will consider: Lexington Bridge; legislative update; Twin Cities commuting area transportation system performance audIt; draft 1999 - 2002 transportation improvement program; and other business. Transportation Accessibility Advisory Committee - Wed., April 1, 1 p.m., Room 1A. The committee will consider: TAAC bylaws; TAAC 1998 work plan; legislative update; Metro Mobility February operations report; and other business. Special Metropolitan Council Meeting - Thurs., April 2, 4 p.m., Room 1A. The Council will consider: Forest Lake/Forest Lake Township Minnesota muniCIpal board policy discussion and direction; and other business. Committee of the Whole - Thurs., April 2, 5 p.m. (or immediately following the Special Council Mtg.), Room lA. The committee will conSIder: preparation for 1999 budget - review of financial outlook, discussion and direction; Service Availability Charge (SAC) study status report; and other business. Radio Board Meeting - Fri., April 3, 9 a.m., Metro Counties Government Center, 2099 University Ave., St. Paul. The committee will consider: update on the Washmgton County plan; revision to the frequency plan; update on negotiations; amendment to the Vegemast contract; amendment to the 1998 budget: consultant costs; access fees for non-local government users of the region-wide radio system; and other busmess. . The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agendas are subject to change. For more information or confirmation of meetings, call 602-1447, (TTY: 291-0904). Call the Metro Information Line at 602-1888 for coming meetings and other CounCIl mformation or find them on our web page at www.metrocouncil.org. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Special Meeting of the Parks and Open Space Commission - Tues., March 31, 4 p.m., Chambers. The commission will consider: 1999 LCMR funding proposal for regional park system capital Improvements; and other busmess The MetropolItan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meetmg times and agendas occasIOnally may be changed. To verify meetmg information, please call 602-1456. TENTATIVE MEETINGS THE WEEK OF APRIL 6 -APRIL 10, 1998 Joint meeting of Community Development Committee and Metro BRA Advisory Committee - Mon., April 6, Noon, Chambers Audit Committee - Mon., April 6, 2 p.m., Room 2A Finance Committee - Mon., April 6, 4 p.m., Room 2A Litigation Review Special Committee - Mon., Apnl 6, 5 p.m. or immediately following Finance Committee meeting, Room 2A Metropolitan Parks and Open Space Commission - Tues., April 7, 4 p.m., Chambers Executive Committee - Thurs., April 9, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis Transportation Advisory Committee Planning Committee - Thurs., April 9, 1 :30 p.m., Room 2A Legislative Strategies Committee - Thurs., April 9, 3 p.m., Room lA Metropolitan Council - Thurs., April 9,4 p.m., Chambers ~ . . . ~ .oc/ March 19, 1998 401 Second Avenue South. Suite 900 Minneapolis. MN 55401 voice 612-252-5000 fax 612-252-5040 COMMUNlCA1l0Ns'INC Dr. Burl W. Haar Executive Secretary Minnesota Public Utilities Commission Metro Square Building 121 7th Place East, Suite 350 St Paul, MN 55101 RE: OCI Communications of Minnesota, Inc. Aoolication to Amend Certificate of Authoritv. Dear Dr. Haar: . OCI Communications of Minnesota, Inc. C'OCI") desires to expand the area in which it is authorized to provide local exchange services, intrastate interexchange services, high-capacity dedicated private line services, and special and switched access services. Accordingly, GCI desires to amend its Certificate of Authority to permit it to provide such services in all exchanges throughout Minnesota where the following companies are the incumbent local exchange carriers (the "ILECs"): Contel of Minnesota, Inc. d/b/a GTE Minnesota Frontier Communications of Minnesota, Inc. United Telephone Company of Minnesota. Inc. d/b/a Sprint U S \VEST Communications, Inc. I have enclosed an original and 15 copies of ocr s Application to Amend Certificate of Authority. I have also delivered four copies of this filing, including enclosures, to the Minnesota Department of Public Service, and one copy, including the application but excluding the service list, to each of the parties listed on the accompanying Affidavit of Service. If you have any questions regarding this filing, please call me at 612-252-5005 Sincerely, Kenneth A. Kirley Vice President & General C . Enclosures cc: Parties Identified in the Affidavit of Service for this Filing. " . < .' ' . .". . ' .... ~ ".' :~~.. . ,. . . - I " .' - .... -,'.:. _: ~. ;. ,r " . '.', . . . . . - ~ -.' . BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Application of OCI Communications of Minnesota, Inc. for a Certificate of Authority to Provide Local Exchange Services, Intrastate Interexchange Services, High-capacity Dedicated Private Line Services, and Special and Switched Access Services throughout the Service Territory ofU S WEST Communications, Inc. within the Greater Minneapolis/St. Paul Metropolitan Area LATA Docket No. . AFFIDAVIT OF SERVICE STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) Kenneth A. Kirley, a resident of the City of Minneapolis, County of Hennepin in the State of Minnesota, being duly sworn, says that on this /7 it... day of M"c: r C t, , 1998, he served notice on the parties set forth below and on the parties listed on Attachment A attached hereto by mailing to each of them a true and correct copy of the annexed filing of OCI Communications of Minnesota, Inc., enclosed in an envelope, postage prepaid, and by depositing . same in the post office at Minneapolis, Minnesota, directed to each party at its last known address: MN Public Utilities Commission Attn. Dr. Burl W. Haar Executive Secretary Metro Square Building, Suite 350 121 East Seventh Place St. Paul, MN 55101-2147 (1 original and 15 copies) Subscribed and sworn to before me, a Notary Public, this ,q7t/ day of MAR.(!,~ , 1998. ~ Si~tur~otary Public Name ;:Yl€- J€tJ.sEJJ My commission expires: JA1\l. 3l ~ 2cdO I MN Department of Public Service Attn: Ms. Lmda Chavez Metro Square BUIlding, Suite 200 121 East Seventh Place St. Paul, ivIN 55101-2145 (4 copies) f c:rf21z; Kenneth A. KIrley ( , . . KYLE JENSEN , NOTARY puBUC. MINNESOTA J.Iy Ccm"s\oll~' JaIL 31. 2llOO . ~~t-L(.\?l N e~Tf( . f . . . VERIFICATION I, Kenneth A. Kirley, under penalty of perjury, declare that I am the General Counsel of OCI Communications of Minnesota, Inc., that I have read the foregoing Application, and that the same is true and correct to the best of my knowledge, information and belief. Dated: March 19, 1998 Kenneth A. Kirley . BEFORE THE ~"NESOT A PUBLIC UTILITIES COMMISSION . In the Matter of the Application to ) Amend the Certificate of Authority of ) OCI COMMUNICATIONS OF ) MINNESOT A, INC. ) to Provide Local Exchange Services, ) MN PUC Docket No. Intrastate Interexchange Services, ) High-capacity Dedicated Private Line ) Services, and Special and Switched Access ) Services throughout the State of Minnesota ) in the Service Territories ofU S West ) Communications, Inc.; United Telephone ) Company of Minnesota, Inc. d/b/a Sprint; ) Contel of ~1innesota, Inc. d/b/a GTE ) Minnesota; and Frontier Communications ) of Minnesota ) APPLICATION TO At'\1END CERTIFICATE OF AUTHORITY Pursuant to S237 .16, subdivision 4, of the rvlinnesota Statutes, OCI Communications of Minnesota Inc., a Minnesota corporation ("OCI"), hereby submits thIs Application to Amend Certificate of Authonty (the "Application") to the Minnesota Public UtIlitIes Commission (the "Commission") and requests to amend its Certificate of Authority to expand the area in which OCI is authorized to provide local telephone service. . I. In an order issued on May 8, 1997, the Commission granted OCI a Certificate of Authority to provide local exchange services, intrastate interexchange services, high-c~pacity dedicated private line services, and special and switched access services throughout the service territory of U S WEST Communications, Inc. within the greater Minneapolis/St. Paul metropolitan area LATA (Docket Nos. P5478/NA-97-370 and P-5478/M-97-1671). 2. OCI desires to expand the area in which it is authorized to provide local exchange services, intrastate interexchange services, high-capacity dedicated private line services, and special and switched access services. Accordingly, OCI desires to amend its Certificate of Authority to permit it to provide such services in all exchanges throughout Minnesota where the following companies are the incumbent local exchange carriers (the "ILECs"): Contel of Minnesota, Inc. d/b/a GTE Minnesota Frontier Communications of Minnesota, Inc. United Telephone Company of Minnesota, Inc. d/b/a Sprint U S WEST Communications, Inc. . . . . -' 3. Pursuant to the requirements of 9237.16, subdivision 4, of the Minnesota Statutes, GCI has served the affected municipalities and the !LECs with a copy of this Application to Amend Certificate of Authority. Attached to this Application is an Affidavit of Service evidencing service of notice of this Application on the affected municipalities and the ILECs, as well as on the parties served in connection with GCl's application for a Certificate of Authority. 4. If the Commission does not receive any objections to this Application within 20 days of the date of filing, OCI requests that the Commission issue an order permitting GCI to provide local telephone services in the exchanges where an !LEC is the incumbent local exchange carrier in Minnesota. If an objection to GCl's request is filed, GCI requests that the , Commission move to approve GCl's request in an expedited manner. v 'Kenneth A. Kirley I '\ Vice President & General Counsel GCI Communications of Minnesota, Inc. 401 Second Avenue South, Suite 900 Minneapolis, Minnesota 55401 Dated: March 19, 1998 . METROPOLITAN COUNCIL PUBLIC MEETINGS ON PROPOSED 1999 - 2002 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR THE TWIN CITIES METROPOLITAN AREA The MetropolItan Council's Transportation Advisory Board Will hold four events in the next three months to proVIde background InfonnaUon and receive public reacUon to the proposed 1999-2002 Transportau.on Improvement Program (TIP) for the TWIn ClUes Metropolitan Area. The first two meeUngs Involve proVIdIng infonnauon on the process and a draft of the TIP. The tlurd meeUDg will be an open house for cbscusslOn and to answer quesUons Informally about the proposed program, and the fourth Will be a publIc heanng to accept publIc comments on the TIP. All four meetings will be held at the Metropolitan Council offices, Mears Park Center, 230 E. Fifth St., downtown St. Paul The program will Include lughway, transit, blkeway and pedestrian enb.w.ceml:tlts, and ail qualIty prOjects proposed for federal fundIng throughout the seven-county MetropolItan Area over the next four years The program IS prepared annually In accordance With federal requuements and must contaIn all projects that are to be unplemented with federal transportauon funding assistance. The TIP 1S prepared jomtly by the Metropolitan CouncIl and the Minnesota Department of TransportaUon. Projects contamed m the TIP reflect the region's prionUes and help implement the regIOn's transportauon and growth management plans PrOjects Will be analyzed to detenrune impact on regional aIr quahty. The program WIll be adopted by the Transportation AdvIsory Board and approved by the Metropolitan CouncIl m July and August 1998. .. Informational Meeting on the TIP Process Wed., April 15, 1998,2 10 pm., MetropolItan CouncIl Chambers . Informational Meeting on the Draft TIP Wed, May 27, 1998,2'10 pm, Metropohtan Council Chambers . Open Housefor TIP Discussion Wed, June 10, 1998,4 - 6 pm., Conference Room I-A . Public Hearingfor Cumments on the TiP Wed, June 17, 1998, 4 p.m., Metropohtan CouncIl Chambers All mterested persons are encouraged to attend the above sessIOns and proVIde comments. Upon request, the CouncIl Will proVIde reasonable accommodations to persons WIth cbsabIliUes. Comments, which must be received by Mon., July 13,1998, may also be submitted asfollows . Send wntten comments to EmIl Brandt, Metropolitan CounCIl, Mears Park Centre, 230 E FIfth St, St. Paul, MN 55101 . Fax comments to Mr. Brandt at 602-1739 . Record comments on the COunCIl'S Pubhc InfonnatlOn Lme' 602-1500 . Send comments electronically to data center@metc state mn us . . . . Free copies of the draft 1999-2002 Transportation Improvement Program will be available on May 27, 1998 at the Council's Data Center. Call 602-1140 or 291-0904 (1TY) to request a copy. Other materials descnbmg the Council's transportation efforts are also available. Questions about the meetmgs or the transportation issues maybe dlrected to: Emil Brandt (602-1721) or Carl Ohm (602-1719), Metropolitan Council, 230 E. Fifth St., St. Paul, MN 55101. . . 3:45 to 4:00 I 2. 3 4.30 4.30 4 4:40 5. 4:50 6 5.00 7. 8 9. 5.20 10 5:20 11. 5:30 to 630 WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C Hegberg Distnct 1/Chelf Mary Hauser DIstrict 2 Wally Abrahamson D,strict 3 APRIL 7, 1998,3:45 P.M. Myra Peterson DIstrict 4 Board Workshop with Public Works Department - Room 100A Dave Engstrom Dlstnct 5 Update on Proposed Shared Salt/Sand Storage Facility with Woodbury Roll Call Consent Calendar Community Volunteer Service - Jon Wlutcomb, Board President CommunIty Involvement Awards - Proclaiming Apn119-25 as NatIonal Volunteer Week Community Services Department - D. Papin, Drrector Update on PrepaId MedIcal Assistance Enrollee Population General Administration - J. Schug, Administrator A. CertIficate of Appreciation for Charles I. Nordm, New ScandIa Town Board B. Brown's Creek Watershed DIStrict Loan (Advance) Discussion from the Audience VIsitors may share theIr concerns with the County Board of CommISsIOners on any Item not on the agenda The ChOIr WIll direct the County AdminIstrator to prepare responses to your concerns You are encouraged not to be repetlllous of prevIous speakers and to limit your address to five minutes Commissioner Reports - Comments - Questions This penod of tIme shall be used by the CommISSioners to reporlto the full Board on commlltee aCtlvllIes. make comments on matters of Interest and informatIOn, or razse questIOns to the staff ThIS actlon IS not Intended to result In substantlve board actlon during thiS tlme Any actIOn necessary because of diSCUSSIOn WIll be scheduled for a future board meeting Board Correspondence Adjourn Oath of Office Administered to Thomas J. Foley, County Attorney, by District Court Judge Smith Eggleston Reception for Thomas J. Foley, County Attorney - County Board Room *********************************************************** Date Apnl 9 Apnl9 MEETING NOTICES Committee Commumty SOCial Services Metro TAB Time 7 30 a m 12 30 P m Location Washmgton County Government Center 230 E 5th St ,Mears Park Centre. St Paul ASsIstlve listenrng deVIces are available for use In the County Board Room If you need assistance due 10 disability or language barner, please call 430-6000 (TOO 439-32201 EQUAL EMPLOYMENT OPPORTUNITY f AFFIRMATIVE ACTION EMPLOYER W A~H1NU 1 UN LUUN 1 )' tlUAKU Uk' LUIVlfyH~~lUNbK~ CONSENT CALENDAR** APRIL 7, 1998 The followlIIg Items are presented for Board approval/adoptIOn .PEPARTMENT/AGENCY ITEM AdminIstratIOn A Approval of the March 17 and 24, 1998 Board meeting minutes B Approval to appoInt ClaIre Elsmger of Afton to the WashIngton County HOUSing and Redevelopment Authonty Board of CommIssIoners to represent CommissIoner Dlstnct 5 effectIve upon the resIgnation ofHRA CommiSSioner Dave Engstrom C Approval to appomt Tamara Fast, West Lakeland TownshIp, to the Planning AdVISOry CommIssIon to fill an unexpired ternl to December 31, 1999 D Approval to appomt Gayle HIli, Woodbury, to the Hlstonc Courthouse AdVISOry CouncIl, to fill an unexpIred term to December 31,1998 AudUor.l reasurer E Approval of3 2 percent malt hquor hcense for Scandla Softball ASSOCiation on May 15, 16 and 18, 1998 F Approval of resolutIon, exempl10n from lawful gamblmg hcense from Rotary Club of Forest Lake, to be used at Vannelh's on the Green, Forest Lake G Approval of resolution, apphcatJon for cancellatIOn of certification of forfeIture filed at Washmgton County Recorder as document #906875 on October 15, 1996 H Approval of resolutJon, apphcatJon for cancellation of certIfication of forfeIture filed at WashIngton County Recorder a< document #1063595 Community Services Approval to appoInt Robert E Streetar to the Workforce CounCIl to fill an unexpued term to June 30, 1999 J Approval of agreement WIth the Department of EconomIC Secunty's Workforce PreparatJon Branch to operate the federal Welfare-te-Work program begInnIng Apnll, 1998 through March 31, 2001 K Approval of Mmnesota (federal) 1998 Welfare.to.Work Local Plan begmnmg Apnll, 1998 through March 31, 2001 L Approval to modify the agreement between the Department of EconomIc Secunty's Workforce PreparatIOn Branch to extend the operatJon of the MN New TradltJons Grant through June 30, 1998 . County Attorney M Approval of Program Year 1998 Local workforce ServIce Area Plan for employment and training for submISSIon to the Department of EconomIc Secunty. N Approval to apply for extensIon of grant funds from the Mmnesota Department of Correcl1ons for salary/fnnge benelits of an ASSIstant VlctnnlWltness Coordmator. Court AdmInlstralton o Approval of contracts for GuardIan Ad Ltlem SeTVIces WIth Jean KubItschek and GuardIan Ad LItem ServIces, Inc Health, EnVIronment and Land Management P Approval to soliCIt and accept funds, seTVIces, supphes and eqUIpment on behalf of the Metro Area Groundwater Alhance for an upcomIng Chtldren's Water Fesltval Q Approval to endorse and slgn-<>n as a supporter of the Mmnesota Smoke.Free Coahtlon's "A VIsIon for the Future RedUCIng and Preventmg Tobacco Use m Mmnesota" R Approve to offer Step E to a quahlied candIClate for the posItion of SenIor Land Use Speclahst. S Approval to submIt a $5,000 grant proposal to the Mmnesota JOin Together Coahtlon to conduet a community assessment of youth access to alcohol In Washington County II uman Resources T Approval for conversIon ofposll1on of SpecIal PrOject Clerk II/Summer Youth ASSIstant to a pennanent posllton In Community ServIces Pubhc Works U Approval of office lease for Jean K KubItschek at the Hlstonc Courthouse V Approval to advertIse for seasonal matenals (sand, plant mIxed bltummous, plant mIxed bltummous In place and chemIcal weed control) for maIntenance use on County roads In 1998 Shenff W Approval to accept "On Guard" motor vehIcle theft detectIon deVIce donated to WashIngton County by ProgressIve Insurance Company 'Consent Calendar lIems are gener.llly defined .. Items of roulIne busIness, not requiring diSCUSSIon. and approved on one vOle CoonmlSSlonen may elc:a to pull a Consent Calendar lIem(s) for dISCUSSIon and/or separate actIon . . . . Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes March 10, 1998 Members: Gorski, Hansen*, Hickey, Lockyear, Maybanks, McFayden, Myers, Nelson, Ruch. Director: Bertalmio, Assistant Director: Blocher. * absent. 1 . Call to order: President Ruch called the meeting to order at 7:04 p.m. 2. Adoption of the Agenda: Agenda adopted. Moved by Hickey/seconded by McFayden. 3. Communications: There were several book suggestions in the suggestion box. 4. Consent Calendar: Lockyear moved/Hickey seconded to adopt the consent calendar including payment of bills in the amount of $14,786.56. Also corrected the February total to $12,310.76. Approved. 5. The Washington County Library is planning on doing a survey and is interested in collaborating with us. Lockyear, WCL Liaison, will let us know progress. Some statistics: Ramsey County used "Decision Resources" and surveyed 625 people for $15,000. Carver County surveyed 400 people for $5,000 but used the Ramsey County questions. 6. The joint meeting of WCL libraries will be decided. Our Board prefers April 23. 7. The Library Site Technology Grant recipients were not selected prior to our meeting. This issue is tabled. 8. The Technology Task Force recommended not to apply for the E rate this year. 9. McFayden moved/Maybanks seconded motion to reallocate $1,875.00 to add to the redesign of the circulation/delivery areas based on changing needs of the staff. Motion carried. PAGE 2 BOARD MINUTES 3-10-98 . 10. The Board discussed the Exempt Salary Schedule in executive session. President Ruch directed Bertalmio to institute a full salary study of the staff salarres. Motion by Gorski/seconded by Hickey. Motion carried. 11. The first reading of the by-laws was completed with minor changes. 1 2. Committee and Task Force Reports: A. Board Evaluation has ordered evaluation surveys for present and recent past Board members. These will be completed and we will hold a June 20 workshop to evaluate the Board and its tasks and accomplishments. Bertalmio is directed to hire a facilitator for that workshop (cost to be $800 or less). B. Executive Committee - no report. C. Facilities Assessment Committee - March 17 is the meeting with the City Council. We reviewed the information to be mailed to them. D. Fund Raising encourages the individual Board members to contribute to the Athena Fund of the Stillwater Public Library Foundation. E. Long Range Plan update is focused on the goal of Independent Learning. More information to come. F. The School-Library liaison held a short board discussion on the service implication of the Minnesota Graduation Standards to be implemented next fall. The School-Library Committee members and the colaboratlve group from School District #834 will meet. . 1 3. Adjoumment at 9:09 p.m. . . . ._... ._1(""-'" 1Iw....~ ...U __. .......,,""". .. cresting Monday. . -.' r;<~-' - ...- r ~ -: - "'.... _ ~t ," ~~ :: Bridge's walkWay to dOSe,.,;c ~ . t... )~ , . . : ~,~ , , . The ~aestriaD ~~~~a~~~~R .':: lift brid e"at Stillwater Will betre-,,~: , placed, ~,'O. . g With preparnlo8 ~-:-: work neXf.~ The'sidewalk~ -d j ,,> '!! . -'~ ' .' 'Q,,' -~,~, <. ' air be closei:l-Apri113 Witil :the'~orle:, _ -~ ; 'is finish&i hi mid-May"~~ ~;~:;.' t. - ':: - PAUL I DUrin ~the work \thel~' will t>e ':~. -~ .. ~g t1b.r~':" ,... .,.-.,:iI(....... 1 ~ - an occasional Jane closing'on the ..,!t .br:idge ~qv~'f.iMie St. ~~...Rive~ :1:L~\) ~: :nd ,wIth traf!~s..1~~troll~!?ti~agg~~;1 t I From staff and-wire reports.-~~, pr/"\. , "~t. ---------------- .1- D- Uo es ~,~.,~~,~~ '~:< tJ . FYI : ."" ,-- , . "'p ~ -.. I.... (::.: \ 1.!"..... (, ~~ ~:~ ~"'f: . .,.~.... l _~,~~.... . # ,to ~~..... t #) '\..../~":l:. ,,~ . ~,... t ~..' ~ 10 J " r I . - ...: . I t . L:,'" I ;;;;:;:~/:'I- r'"''J''' .,/ ~ '~. ~ \' 1... .'\ ~!r'r ;y~" '...; ~ "Jr ~ ,....,.. .. ...,,:..-o.~....::a! ~~. J:..,' ,'^.-:>,' ~I 'f (..; ..::". ~~;};; ~ ~. !t ,- . . i ;' f I . . ;' ,: ~,J " . ... ~ r ~ ' l. , --,. . :.' ,,~ \ /-:~:: \ \ \ \ \., ./--.. " ~ .\\ " \' -;~ . . / ~ ' ') .> --~;' /' , METROPOLITAN COUNCIL PUBLIC MEETINGS ON PROPOSED \ / ./ 1999 - 2002 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) - \ // r' f FOR THE TWIN CITIES METROPOLITAN AREA ':(// ./ The Metropolitan Council's Transportabon Advisory Board will hold four events in the next three months to provide background information and receive publIc reaction to the proposed 1999-2002 Transportabon Improvement Program (TIP) for the Twin Cities MetropolItan Area The first two meebngs Involve providing informabon on the process and a draft of the TIP. The third meetin~ will be an open house for discussion and to answer questions informally about the proposed program, and the fourth will be a publIc hearing to accept publIc comments on the TIP. All four meetings will be held at the Metropolitan Council offices, Mears Park Center, 230 E. Fifth St., downtown St. PauL The program will include lughway, transit, bikeway and pedestrian enhancements, and air quality projects proposed for federal funding throughout the seven-county Metropolitan Area over the next four years. The program IS prepared annually in accordance with federal requirements and must contain all projects that are to be implemented with federal transportation funding assistance. The TIP is prepared jointly by the MetropolItan Council and the Minnesota Department of Transportation. Projects contaIned in the TIP reflect the regIon's priorittes and help implement the region's transportatton and growth management plans. PrOjects WIll be analyzed to deternnne unpact on regional air qualIty. The program will be adopted by the Transportation AdVISOry Board and approved by the MetropolItan Council In July and August 1998. FYI ./:'\ ~ , .. · Informational Meeting on the TIP Process Wed., April 15, 1998,2:10 pm., Metropolitan Council Chambers . Informational Meeting on the Draft TIP Wed., May 27, 1998,2:10 p.m., Metropolitan Council Chambers . Open Housefor TIP Discussion Wed., June 10, 1998,4 - 6 pm., Conference Room I-A . Public Hearmgfor Commencs on lite TiP Wed., June 17, 1998, 4 pm, MetropolItan CouncIl Chambers All interested persons are encouraged to attend the above sessions and provide comments. Upon request, the Council WIll provide reasonable accommodattons to persons WIth dIsabllIttes Comments, which must be received by Mon., July 13,1998, may also be submitted asfollows: · Send written comments to Emil Brandt, MetropolItan Council, Mears Park Centre, 230 E FIfth St, St Paul, MN 55101 · Fax comments to Mr Brandt at 602-1739 · Record comments on the CouncIl's PublIc Information LIne. 602-1500 . · Send comments electromcally to data center@metc state mn.us ~ Free COpies of the draft 1999-2002 Transportation Improvement Program will be avaIlable on May 27, 1998 at the COunCIl'S Data Center. Call 602-1140 or 291-0904 (ITY) to request a copy. Other matenals descnbmg the CouncIl's transportation efforts are also avaIlable. Questions about the meetings or the transportatJ.on ISSUes may be directed to: Erml Brandt (602-1721) or Carl Ohm (602-1719), MetropolItan CounCil, 230 E FIfth 5t, 5t. Paul, MN 55101 .. . . -, . . . 1 @ ~ r-~ - - - - r---..I C' -:: I' _:" '\ f:J _ - -, \ D :2":::::::._' ~ - - : ~l / I AnR _', .',' r r : tll HI - "" U\~l Chair: Aqenda: Minutes: Treasurer: Attornev: Planner: Enqineer: Public Works: Clerk: Committees: People - 8:30 PM: Old Business: New Business: Note: 4/04/98 STILLWATER TOWNSHIP April 9, 1998 Francis 5:00 PM - 6:00 PM - Board of Review 7:15 PM - Johnson Variance Hearing 7:30 PM - Regular Meeting Adopt Approve Minutes March 16 & 26, 1998 1. Claims & Checks 1. Chris Kearney - Building Inspection 2. Donating Committee Pay 1. Rehearse for Stonebridge Turn-Up Meeting 1. Follow-up info. re: Miller 1. Park Report 2. Planning Report 1. Land Stewardship Presentation Mike Pressman 1. Discuss supervisor input at planning commission hearings (H1Cks) Pat Bantll .,,, APR 03 '98 04:41PM LEAGUE or MN CITIES LMC L-v- 0/ Mm..-ld em., CiH..~-a.- \ P.l . FRIDAyFAX Vol. 3, No. 13 . April 3, 1998 A weekly legi$Jative update from the League of Mmnesota Cities Storm legislation introduced Several bills 10 help storJn..damaged areas of southern Minnesota have been introduced this week. A bill by Senators Vickerman (OFL.Tracy), Hottinger (DFL~ankato), Fr~rick. $01'1 (RooNew Ulm1 Neuville (R-North- field), and Beckman (OFL-Brlcelyn) and Repl'Mentatlves Dom (OFL~ Mankato) and H. Swenson (R.N1coIIet) would appropriate state money for the local match for federal disaster aid. A bill by Reprl5S8ntatives Harder (R-Jackson), Tuma (R-Northfield), H. Swenson, Winter (DFL-Fulda), and R. Johnson (OFL-5l Peter) would authorize the earty payment of LGA and HACA to storm-affected munici- palities. A bill by Representatives Workman (R-Chanhassen), R. John- son, Tums, H. SweMOn, and Harder would waiVe solid waste management taxes for counties affectect by the s1orms. AI of these provisions are in- cluded in a comprehensive disaster !'Ellief bill expected to be introduced to- day by the members of the Tax Con- ference Committee. The bit will extend many of last year's flood relief prO,,1- sions to the stonn-affected areas, The bill will also extend income tax filing and property tax payment deadlines for storm victims, allow affected coun- ties to abate certain property taxes, pl'OVlde state money to reimburse Jocal govemmerU for lost or abated prop- erty taxes, and authorize cities and counties to provide relief to affected municipalities. AlsO Included in thIS bill: additional relief and aid measures for areas affected by last year's ffoods. Compromise reached on corporation Issue Late in the session last year, the state auditor questioned the ability of local governments to create for-profit or non-profit corporations. legISlation was ~ stating that such oorpora- tions could be created only with ex- plicit legISlative authority. Several weeks ago the league learned the auditor's office has been Interpreting the Iegislatlon to be retroactive, caus- ing potential problems for existing cor- porations. After weeks of work with legISlators, staff, and other Interested parties, LMC !taft reached a compro- mise today with the auditor on legiSla- tion to resolve the Issue. local governments will be required to report to the auditor by Oct. 15, 1998, aU such corporations they have created. the purpose of the corpora- tion, its bylaws, and informaoon about how it does business. The auditor's mall1 concern is that these corpora- ticns may be expending public dollars withOUt appropriate accountability measures such as open meetings. The auditor will then recommend to the Legislature whICh accountability laws that apply to local governments srould also apply to the corporations. While we s1iH have issues with the state auditor's interpretation of the law. legislators Insisted that an inventory be taken of these corporations to ensure that public dollars are being spent propeny. The auditor's report may al- lay legislative concems and demon- strate that these corporations are per- forming legitimate functions in a proper manner. Absent the compro- mise reached today, the 1997 law could continue to be interpreted to quesdon the authority of local govern- ments to create corporations, even th0!8 aeated before the 1997 law went into effect. Potential penalty-!.;., ~~~ If business 7.~~ ~ assistan~ forms ~ not submitted to OlEO by April 15 With less than two weeks untll the deadline, fewer than 100 cities have submitted their bUSiness as- sistance forms-a low figure in comparison to past years accord- ing to the Department of Trade and Emnomk: Oevetopment (OTED). A 1995 law reqwes state ancIlocal government agencies to report annually on businesses re- ceiving assistance until job and wage goals are achieved. Given the Corporate Subsidy Reform CommISSion's recent re- port, which recommended i~ Ing a penalty for agencies failing to submit the reqUIred forms, it is particularly important for all cities to submit their forms this year. A high-level of reporting oompliance may help head-off potential legis- !ation Incorporating a penalty, Conversely, another year of poor reporting could easily breathe new life nto such potential proposals. Mail your clty's business as- sistance forms to: Minnesota Business Assistance Form, OTEO, Analysis and Evaluation Office. SOOMetroSquare, 121 East7th Place, Sl Paul, MN 55101 OR Fax your city's business auis- . tanceformsto: (612)215-3841. If you have not received the new forms or if you have ques- tions aboUt how to complete the forms, contact OTEO at (612) 297-2335. If you have any other questions, please call Andrea Steams at the League at (612) 281-1258. . . Fv, IHIJN iM/orMwfI tI" CJly kgisUlthe nslllS, CtHlUlct IUfJIltlf/fJlbu oftlte Letlgu_ 0/ Mill"es91a Citin r""1'60HTIIIMtUId R,/lJJiom rra".,