HomeMy WebLinkAbout1998-05-05 CC Packet
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REGULAR MEETING
RECESSED MEETING
REVISED AGENDA **
CITY OF STILL WATER
CITY C0UNCIL MEETING NO. 98-11
Council Chambers, 216 North Fourth Street
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May 5, 1998
CALL TO ORDER,
ROLL CALL
STAFF REPORTS
1 FInance Director
2 Police Chief
3. PublIc Works DIrector
4. Community Dev. Director
4'30 AGENDA
4:30 P.M.
7:00 P.M.
5. Parks & Recreation
6. City 'Engineer:
7. City Clerk
8. Fire Chief
9. Building Official
10. City Attorney
11. City Attorney
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1. Management contract for sports facilities (Resolutio,n) t1 g _ I ~,
CALL TO ORDER
INVOCA TION
ROLL CALL
7'00 AGENDA
APPROVAL OF MINUTES April 21, 1998 Special and Regular Meetings
.fETITIONS. INDIVIDUALS. DELEGA nONS & COMMENDA nONS.
.. Heritage Preservation Commission Annual 1\ wards '
2. Richard Hodsdon, Washington County Attorney's Office - Update on Juvenile Curfew
Ordinance
3. Tim Old, Charter Commission - Conflict of interest provisions
4. Proclamation: Arson Awareness Week
5. Thomas Hubman - Fire hydrant
OPEN FORUM
The Open Forum IS a portIOn of the Council meeting to address CounCil on subjects which are not a part of the meetmg
agenda. The CouncIl may take actIOn or reply at the time <;>f the statement or may gIve drrectlOn to staff regardmg
investigation of the concerns expressed.
CONSENT AGENDA *
1. Resolution 98-115: Directing Payment of Bills
2. Contractors License: Copeland Building Corporation, Bloomington, MN; Valley Window ServIce, Bayport;
D.K.H. Excavating Inc., Shakopee; Peterson Contractors, Stillwater; Gary Contracting, Roseville; Blacktop
Driveway Co. Inc., St. Paul
3. Authorization for exemption for lawful gambling license and 1-4 day temporary on-sale liquor license- St.
Mary's Church, 9/13/98
4. Payment to Gallmeier for easement q <a- } ~ 6-
5. Purchase of portable sprinkler system - Parks Dept I
6. Resolution 98-117: Agreement with Archnet for preparation of working plans for Pioneer Park restrooms
.. Purchase of park benches and trash receptacles I
- .' Resolution 98-118: Contract with Folz, Freeman, Dupry & Associates, Inc. for survey work
9. Resolution 98-119: Part-time employment of Seasonal Public Works Employees
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City Council Meeting 98-10
May 5, 1998
(consent agenda continued)
10. Request to block portion ofN. 2nd St. May 30 for soap box derby - National Honor Society
11. Request to block portion of Walnut Street for neighborhood block party
12. Purchase of tool racks, tool boxes, and two-way radios - Parks Dept.
13. Request for funding for skateboard and In-line Skate Facilities
14. Resolution 98-120: Request to purchase new copier - Engineering, Planning, Inspections
15. Commending Laurie Maher for eight years of service as a member of the Charter Commission
16 Commendmg Richard Slivik, Jr for seven years of service as a member of the Charter CommIssion
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PUBLIC HEARINGS
1. Case No. ZAT/96-4. This is the day and time for the public hearing to consider a request from the City of
Stillwater for an amendment to the Zoning Ordinance, Chapter 31.01, changing the regulations regarding
Home Occupation Permits, Types I, II, and III.
Notice of the hearing was placed in the Stillwater Gazette on April 24, 1998.
(possible fIrst reading of ordinance)
UNFINISHED BUSINESS.
1. Possible second reading of ordinance adopting and enacting a new code for the City of Stillwater
(fIrst reading April 21, 1998)
2 Possible second reading of ordinance regulating animal waste (fIrst reading April 2 r, 1998)
3. Report: Sport Complex construction and Change Order request (Resolution)
NEW BUSINESS. .
1. Possible fIrst reading of ordinance amending City Charter by adding conflict of interest provision
2. Letter to Lower St. Croix Interagency Planning Task force regarding management plan alternatives for river
crossmg
3. Renewal of Dock permit, Andiamo Showboats (Resolution 98-116)
PETITIONS, INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONSIREOUESTS
1. Resignation of Bill Kimker from Human Rights Commission
2. Letter from visitors to City regarding dangerous intersection at 2nd and Chestnut
3. David Parade au, Minnesota Zephyr, - notice of offer of sale of railroad trolleys
COUNCIL REQUEST ITEMS,
STAFF REPORTS (continued)
ADJOURNMENT
Possible adjournment to Executive Session to discuss condemnation of certain lands
* All items lIsted under the consent agenda are considered to be routine by the City Council and will be enacted by one motion.
There will be no separate discussion on these items unless a Council Member or CItizen so requests, ill which event, the Items will
be removed from the consent agenda and considered separately.
** Items in italics are additions to the agenda
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA A-"iD WISCONSIN
THE DESCH OFFICE B L ILDI'IG
333 NORTH :-'1-\1:'-1 STREET' SUTE #202' PO BO'\ 438. STILLWATER MN 55082
TELEPHONE (612) 439-946-+' TELECOPIER (612) 439-5641
D.\nD T. l\hcr'o/USON
RICHARD D. ALLD
MEMORANDUM
TO
Mayor, CIty Council and Staff vi
David T. Magnuson, Stillwater City Attorney M'"Vv\
FROM:
DATE:
May 5, 1998
SUBJECT.
GallmeIer Easement
I'm writmg this memo to ask the City Council to reconsider their decision to press forward with
the acquisition of a walkway easement over the Gallmeier's property. The Gallmeiers have
consented to a Right of Entry upon payment of the appraised damages to theIr property in the
amount of twenty-one thousand and no/100 dollars ($21,000.00) on the conditIOn that the Right
of Entry and easement provide only for a sewer easement over the east twenty (20) feet of their
property .
The Gallmeiers conduct a farming operation from their SIte and are concerned that the barbed
wire fence that would be adjacent to the walkway would be a danger to pedestrians and that
pedestrians would have access to expensive machinery and gas tanks that they have on theIr
property In view of the remote and rural settmg, they find this walkway extremely intrusive into
their lives.
Further, it is reasonable to expect the GaUmeier property will be further subdivided, perhaps in
the next five (5) to ten (10) years. At that time, a street will probably be built over the top of the
sewer easement and a walkway could be incorporated mto the street and at that time, the City
could ask that the walkway and street easement be dedicated as a condItion to subdiviSIOn
approval. We think the Gallmeier's request is reasonable and it would make sense to allow them
thIS conceSSIOn.
DTM/ds
Attachments
MAGNUSON LAW OFFICE
6124395641
It P 0.83
AGREEMENT FOR RIGHT OF ENTRY
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This Agreement, made tlus L{ day of /1.- "'/1 , 1998 , between the
City of Stllhvater. Washington County, Mmnesota. ("Cny") d Gary V Gallme1er and Collee,n
J Gallrneier, husband and v.Ife, ("Owners").
1 The City 1$ desirous of obtaming a permanent easement over property of the Owners
set forth on the attached Exhibits "A" (the "Property") for the purposes oft: ,:~. _ ......J..~
installatIOn of trunk sewer main (the "Public Improvements"). .J1711- -)1 ,
2. The O\\fners desire to avoid damage to the Property and to be adequately and justly
compensated for the taking of the Easement described 10 Exhibit "B" (the "Easement").
3. The Cny is deSIrous of constructing the Public Improvements in the Spnng of 1998,
and certam negotiatIons have taken place between the CIty and the O\\llers In order to resolve
their dIfferences WIth regard to the damages the Ov.11ers will suffer because of the proposed
takmg.
4. The O\.\llers are vested In fee simple to the Propert), descnbed on E-.::hiblt "A" and
they hereby agree to peaceably grant a right of entry to the CIty over the Easement area described
in ExhibIt "B" Immed1ately upon the execution of this Agreement on the following conditions.
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A The City \.\ill obtain an appraisal of the damages resulting to the Property as a
result of the taking of the Easement and Vvill pay the appraisal amount to the
Owners on or before the close of bus mess on Friday. May 8,1997.
8 The City will pay the cost of an appraisal to be prepared by an appraiser selected
by the Owners. The appraisal will include a calculation of the value of the taking
and the estimate of damages to the remnant parcel and also a calculation of the
total market value of the subject Property.
C If any of the personal property of the Ov:ners must be moved to accommodate the
mstallation of the Public Improvements. the Owners WIll have the option of
moving the property. If the Ov:ners desire, however, the City ""ill move the
property to a locatIOn on the remnant parcel chosen by the Ovmer, If the City
moves the property, it must use the utmost care to avoid damage.
D An) fences that are moved or remOved to accommodate construction will be
replaced with new fencmg of a like ki~d
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The garden area of the Owners must be stripped to accommodate construct but the
ropsoll WIll be stockpiled and replaced In the garden after constructIon IS
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( 6124395641
P.04
MAGNU~ON L~W OFFICE
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completed.
The UulIty Easement and any Temporary ConstructIon Easements will be fi,1l
res\~r~~ wit~JaPlirs>.IWate: topsoil MId se~d, a-y~ ~-...d. t~ ~ &;:;>r.A ./
t~~ rL(~,~ If-h-:r:;, t~ CiL.. P~r( -6cVvvv ..z? ~ ~--'/(Ii~
Trees that must be moved to accommodate constructIon '>Vlll be taken from the I
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easement area with a tree spade and planted elsewhere on the Owners' remnant
property at placement suitable to the Ov.ners.
G.
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The City wIll negotIate in good faith vmh the Owners fOT the purchase of the
Easement If negotiations are not completed July 1, 1998, at the option of the
Ovvners. the City will initiate Eminent Domain and CommissIOners' hearings will
be scheduled. J
.::r- ' The Owners agree to SIgn documents that are consistent with thlS Agreement and
reasonably necessary to carry out lts purpose.
O~~ERS ~
dOl 1/01 dJZ
v Gary ~;}keier
. Odf.:2.J/v_J J (;d!0-/Y7.X~L-\._
Colleen J Gallmeier
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Subscnb"j and sworn to ~ me by Gary V. GaUmeier and Colleen J. Gallmeier this 1 day
of -r// /f'V/ , ,/'L-(, 1998
~,-6T;'---, YI{-!--'}/L~
Notary Publie. /)
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I~DAV1D TERRY MAGNUSON I
'. NOTARY PUBLIC - MINNESOTA
:0 WASHINGTON COUNTY
-' My Comm Expll'aS Jan 31, 2000
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MAGNUSON LAW OFFICE
,6124395641
CITY OF SllLL;A~~
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Ja~~ts Mayof/
Subscnbed and sworn to before me by Jay 1. Kimble, Mayor, and Modi Weldon, Clerk, th1s
day of , 1998.
0iotary Public
ATTEST
David T. Magnuson
Attorney for the Cit)' of StIllwater
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MAGNUSON LAW OFFICE
6124395641
P.l36
EXHIBIT "A"
Parcel DescriptIon
PT W1I2 - El/2 - Nl/4 being the east 25258 feet thereoflying South of the present road
exc South 1410.25 feet subject to right of way of Boutwell Road
A permanent Utilny easement being described as the East 20 feet of the above described I A
property ~? ~
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Together wIth a temporary construction easement being the West 20 feet of the East 40 'If 7
feet of the South 540 feet and the West 45 feet of the East 65 feet except the south 540
feet of the above descnbcd property.
EXHIBIT .. A "
MAGNUSON LAW OFFICE
6124395641
EXIDBIT NBN
A permanent UtilIty easement being descnbed as the East 20 feet of the above described
property
Together WIth a temporary constructIon easement being the West 20 feet of the East 40
feet of the South 540 feet and the West 45 feet of the East 65 feet except the south 540
feet of the above described property.
EXHIBIT "B"
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R. W Kirchner & Associates
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RAYMOND W KIRCHNER SRPA, SRA
Senior Re~prrir~~;Y~Ilf8
13481 60th Street North . Stillwater MN 55082 . (612) 439-3900
FAX (612) 439-8977
David Magnuson, Attorney
City of Stillwater
333 North Main Street
Stillwater, MN 55082
Re: Gary/Colleen Gallmeier
12997 Boutwell Rd. No.
Stillwater, 11N
Dear Mr. Magnuson
In reference to the above property, I have inspected and have prepared an
appraisal report in order to estimate the value of easement takings by the
City. These estimates as of April 25, 1998 are as follows:
Value of permanent easement
Value of temporary taking
Damages to the remainder
Total
$ 4,836
$ 635
$ 8,292
$ 20,459
Say
$ 21,000
Estimated value before taking
EstImated value after taking
Diminution in value
$178,000
$157rOOO
$ 21,000
The complete appraisal will follow in a couple of days.
Any questions give me a call..
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Sports Facilities Management
Agreement
DA' May 1, 1998
Discussion:
Accompanying this memo is the Management Agreement for the management of the Lily Lake
arena and the new sports complex for the period beginning may 1, 1998 and ending April 30,
1999. The agreement provides that the management firm, St. Croix Caterer's, would "manage"
(not lease) the operations based on the requirements contained within the agreement and on
policies adopted by the city related to: rates/fees, facilities use and on an approved budget(note:
staff is working on the development of a rate schedule and a facilities use policy and should have
them by the next meeting. The proposed budget is as shown on Exhibits A, B and C. With the
approval of the agreement the budget would be adopted as well).
The agreement provides for a management fee of 5% of the gross revenues not to exceed
$35,000 and reimbursement of Personal Service cost incurred by St. Croix as previously
discussed and approved, in concept by the CIty Council. The agreement also contains a budget
which is comprised of a Pre-Opening Phase Budget (i.e., May 1, 1998 through September 30,
1998) and a Post Opening Phase budget (i.e., October 1, 1998 through April 30, 1999).
I can discuss the agreement in more detail with you at the meeting Tuesday afternoon.
Recommendation;
Council approve agreement between the City of Stillwater and St. Croix Caterer's related to the
management of the sports facilities. _
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CONSUL TING AND MAl"lAGEMENT AGREEMENT
This Consulting and Management Agreement ("Agreement") is made this _ day of
. 1998, between the CITY OF STILL WATER, a Minnesota municipal
corporation and Home Rule City of the Third Class with offices at 216 N. 4th Street, StIllwater,
MN 55082, and St. Croix Caterers, Inc., a Minnesota corporation, with offices at 301 S. Second
Street, Stillwater. MN 55082 ("St. Croix").
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WITNESSETH
The City is the owner of Lily Lake Ice Arena ("Lily Lake") and the St. CrOIX Sports
Center, 1675 Market Drive, Stillwater, Minnesota, currently being constructed in the City which
will feature an indoor ice arena, and outdoor ice nnk and a multipurpose domed field house,
construction of which is scheduled to be completed in October 1998 ("Sports Facility")
collectively ("The Facilities").
St. Croix is in the business of manCleaing and marketing ice rinks and sports and
entertainment facilities. St. Croix has the knowledge and expertise to manage and market Lily
Lake and the Sports Facility before and after its opening.
NOW, THEREFORE, in consideration of mutual promises and other consideration the
parties agree as follows:
ARTICLE I
SPORT'S FACILITY PRE-OPENING PHASE
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Section 1. O!Jening Date: Term of Pre-Opening Phase.
1.01 The date when the Sports Facility is fust opened for use by the general public is
referred to as the "Opening Date". It is planned that the Opening Date will be on or before
October 1, 1998. After the date of this Agreement and through the Opening Datet St. Croix WIll
provide the services described in this Article I. The period between the effective date of this
Agreement and the Opening Date is referred to as the "Pre-Opening Phase."
Section 2. St. Croix's Resnonsibilities.
2.01 During the Pre-Opening Phase, St. Croix will be responsible to:
a. Give advice to the City and its architect, Ankney-Kell Architects, Inc.
(The" Architect") on the detailed plans, designs, layouts and specificatlons
for the location with respect to all goods, equipment, services and other
sports required in connection with the construction, furnishmg, equipping
and future use of the Sports Facility, including its interior spaces, and for
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any parts of the area surrounding the Sports Facility to ensure an
operationally efficient, economical and marketable facility capable of
hosting the widest possible array of sports, entertainment and commuruty
activities.
Offer recommendations for revisions, additions or deletions to the
architectural plans and their impact upon anticipated operational
requirements of the Sport Facility (collectively, the "Operational
Requirements"), including without limitation:
event programming, staging and marketIng:
ticketing services and group sales;
advertising, public relations and sponsorship;
finance and administration:
food and beverage services, kitchen facilities, concessions and
merchandising;
operations plans and procedures;
organization, staffmg levels, job descriptions and general personnel
and human resource administration;
security, crowd management, event management, emergency
services and emergency procedures;
community and industry relations;
patron services and amenities;
traffic flow and parking;
storage;
utility consumption and control;
box office operations;
furniture, fixtures and equipment;
housekeeping and maintenance;
mechanical and electrical services and communications systems.
Consult with the City on preparing the Sport Facility operations on and
after the Opening Date, including without limitation, to advise as to
booking ice time and field house time, events, general marketing of the
Sports Facility, public relations, advertising, hiring and training of
operations staff, development of policies and procedures, and
implementation of accounting and purchasing systems.
c.
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Perform such other services consistent herewith as the City may
reasonably require.
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Section 3. ManageQ1.ent Fee. The City agrees to pay to St. Croix for its services during
the Pre-Openmg Phase a management fee (the "Management Fee") at the rate of one thousand .
seven hundred fifty and nolI 00 dollars ($1,750.00) for the first month and one thousand seven
hundred fifty and nolI 00 dollars ($1,750.00) per month thereafter, during the Pre-Opening Phase
plus Pre-Opening Operating Expenses, as defmed on Exhibit "B" (the "Pre-Opening Operating
Expenses"), which fees and expenses must be paid by the City not later than the 15th day after the
City's receipt of an itemized invoice for the Pre-Opening Expense.
ARTICLE II
OPERATIONS PHASE
Section 4. Term of OJl~rations Phase. After the Opening Date and continuing until
May 1st, 1999, (the "Operations Phase"), St Croix will provide the City with the services set forth
in this Article II. Notwithstanding the foregoing, the City will have a right to terminate this
Agreement for Its convenience effective on the Opening Date, upon not less than sixty (60) days
prior written notice to St. Croix, in this event the City must pay to St. Croix all amounts owing to
St. Croix and accrued through the date of termination, it being understood that the purpose oftlus
termination right is to comply with so-called "safe harbor" guidelines for management contracts
under Section 1301(e) of the Tax Reform Act of 1986.
Section 5. Res!loJ:lsibilities.
5.01l\1arketing and Promotiol\. St. CroL'{ must perform all marketing activities which .
will be undertaken to maximize the use of the Facilities by all persons, provide ma..'{imum
Revenue, as defined in Paragraph 5.14 below for the Facilities. St. Croix will conduct a
promotional campaign for the Facilities in accordance with a plan for promotion which must be
prepared and submitted to the City for approval within forty-five (45) days after the date of.the
agreement.
5.02 Scheduling. St. Croix must develop and maintain all schedules for events held at
the Facility and scheduling must be accomplished in accordance with a rate schedule and facility
use policy established by City policy, applicable law, and in a manner to maximize the use of the
Facilities so as to provide maximum Revenue, for the City.
5.03 Concessions. St. Croix will provide concession services at the FacIlities for the
sale, through manual service, vending machines and other methods (collectively, the
"Concessions").
5.04 Maintenance. St. Croix must perform all minor maintenance of the facilitIes;
provided that the responsibilities are limited to ordinary and routine maintenance.
5.05 Custodial and Cleaning Services. St. Croix must provide all routme cleaning and
JanItorial services at the Facilities.
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5.06 Pest Control. St. Croix must perform all necessary pest control services, whether
performed by St. Croix or a pest control service engaged by St. Croix.
5.07 Snow R~moval. St. Croix must perform all snow removal services on the pathways
and sIdewalks adjacent to the Facilities.
5.08 Trash Removal. St. Croix is responsible for removal of all trash from the Facilities
and agrees that it will not permit any employee, to place refuse outside the buildings on the
FaCIlIty, except in designated Dumpsters, the location of which must be approved by the City.
5.09 Oyerational Services. St. Croix will direct all services required to stage (set up and
take down) the Facilities for each event including, but not limited to, loading in and loading out
the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire
and manage all management staff, ticket sales personnel, ushers and other personnel required for
the operation of the Facility, including, but not limited to, ticket taking, program distribution and
assistance to patrons general, including the handicapped.
5.10 Ticket Sales. St. Croix must perform all aspects of ticket sales for events and
activities including computerized tickets. Ticket sales services will include ordering, selling and
accounting for tickets, reporting ticket revenues for a given event for each user of the Facility,
cash and credit card processing, complete auditing and accounting for each event.
5.11 Secuntv. St. Croix must arrange for proper security for events at the Facility and
for general security when events are not in progress. The security may be provided by St. Croix
or by contract, in its discretion. St. Croix must review exterior crowd management and traffic
control with the Stillwater Police.
5.12 Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City,
all licenses and permits necessary for management and operation of the Facilities.
5.13 Seyarate Fund Established. On or before the effective date of this Agreement, the
City will establish separate funds, separate from any other City funds which will be the exclusive
use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund").
5.14 Collection of Revenues. St. Croix will be responsible for the collection of all
revenues. "Revenue" is defined as the total amount received by St. Croix or any other person or
entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the
connected with and on behalf of the facility, including without limitation rental fees, use fees,
concession sales, transactions for cash, less applicable taxes and except for contributions, interest
earnmgs or other revenues that may be collected by the City from time to time. All revenues
generated by the use of the facilities and collected by St. Croix will be deposited by St. Croix in a
designated depository within twenty-four (24) hours of receipt. The City will also deposit any
revenues it may collect from time to time related to the facilities in the appropriate depository.
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The CIty IS authorized at any time to obtain information and records from St. CrOIx concerrung .
proof of payment and verify and inspect any records.
5.15 Disbursements. The City will make disbursements from the Sports FaCIlities Fund
to pay budgeted operating expenses. Any authorized expense incurred by the City or by St.
Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system
approved by the City and similar to the purchasing system established for other City funds.
Section 6. Budget and Ouarterlv Bud!!et
6.01 The City, in consultation with St. Croix, will develop an estimated Revenue and
Expense Budget for the period beginning May 1, 1998, and ending April 30, 1999. The budget
WIll become a part of this Agreement and will be attached as Exhibit "An. The budget will be
used as a tool for the effective management of the facilities and for evaluating the results of
operations. The budget may be amended from time to time by the City and St. Croix by written
agreement. It is understood that the results of operations for the first year of operations for a
newly constructed and operated facilities are subject to many unknowns. The City and St. Croix
will use their best efforts to ensure the effective management of revenues and expenses related to
the facilities.
6.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after
submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the
proposed annual budget will become the final budget for the period until May 1, 1999. .
6.03 St. Croix and the City may revise the Budget at any time by mutual written
agreement.
6.04 Within fifteen (15) days after the end of each calendar month during the OperatIOns
Phase and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to
the City a true and correct statement, certified as true and correct by an officer of St. CrOIX, of all
Revenues of the preceding calendar month and Contract Year, as the case may be, together with
any reasonable supporting documentation requested by the City.
Section 7. The Management Fee: Additional Fees
7.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues. not to
exceed a total fee of thirty-five thousand and no/lOO dollars ($35,000.00) for proVIding
management services. The fee will be paid as follows:
During the Pre-Opening Phase (May 1, 1998, through September 30, 1998),
payment of the management fee will be made in accordance with Article I,
Section 3, "Management Fee for Pre-Opening Phasen. The balance of the fees
WIll be paid at the rate of three thousand seven hundred fifty and noll 00 dollars
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($3,750.00) per month thereafter to the end of the Agreement. The fmal payment
will be adjusted, if necessary, so that the total fees for the Pre-Opening Phase and
the Operations Phase do not exceed the lessor offive percent (5%) of the gross
revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the
adjustment the fees paid to St. Croix exceed five percent (5%) of the gross
revenues or thirty-five thousand and nolI 00 dollars ($35,000.00), St. Croix must
rebate to the City the amount overpaid. St. Croix will pay any rebate due to the
City no later than thirty (30) days after the expiration of this Agreement.
Section 8. J:>avment of Management Fees. Personal Services and Operatin~
Exoenses
8.01 From the Sports Facility Fund, the City will pay the Management Fee on the first
business day of each month for the preceding month and will pay the Personal Services Expenses
as defined in attached Exhibit "B" as they are incurred in the ordinary course of business. That
portion of the Operating Expenses that will remain the responsibility of the City and will be paid
directly by the City are defined on Exhibit "Ct!.
8.02 In the event that the Sports Facility Fund is insufficient to cover the Operating
Expenses and the Management Fee due and payable during a month, the Deficiency will be paid
by the City.
8.03 Representatives of St. Croix's management and the City must meet not later than
the twentieth day of each calendar month to review revenues and operating expenses for the prior
calendar month.
ARTICLE ill
CONCESSIONS
Section 9. Operations
9.01 St. Croix will cause the Concessions to be operated and conducted so that all persons
who patronize the Facility will always be promptly and satisfactorily served. All foods and
beverages sold must always be of the highest standard of quality and purity, must be stored and
handled at all times consistent with excellent standards of sanitation, preservation and purity,
must always be well prepared and satisfactorily served and must always conform to the
requirements of all applicable federal, state and municipal laws, statutes, ordinances and
regulation. No imitation, adulterated or misbranded commodities may be stored, dIsplayed or
sold by St. Croix or any employees or contractors.
Page 6 of 14
9.02 The City and St. Croix acknowledge that it is not always feasible to operate all the
ConcessIons on a daily basIS. Periodically, the City and St. Croix will confer in an effort to agree .
upon the nature and scope of operation which is consistent with their respective interests. St.
Croix will provide reasonable and adequate service consistent with the activities at the Location
for each event.
Section 10. Capital Improvements. E~uipment. Re!>air and Maintenance
10.01 The City will at its expense, construct and Install all capItal improvements (the
"Capital Improvements") necessary for the operation of the Facility in accordance with the Plans
and Specifications. The City will use all reasonable efforts to complete all Capital Improvements
at least 30 days prior to the Opening Date.
10.02 From time to time after the matters contemplated by Sections 11.01 and 11.02
hereof have been complied with, it may be desirable to consider additional capital improvements
("Additional Capital Improvementslt) and the purchase of additional equipment ("Additional
Equipmentlt) for the Premises. At any time St. Croix or the City may request a meeting to confer
to consider the advisability of any Additional Capital Improvements and Additional Equipment.
No purchases of Additional Capital Improvements or Additional Equipment may be undertaken
WIthout the prior written agreement of the City.
10.03 St. Croix must maintain and repair the Equipment, the Additional Equipment, and
replacements thereof, the Capital Improvements and the Additional Capital Improvements and .
replacements thereof in accordance with the Budget and all manufacturers' warranty and
preventive maintenance requirements, and the cost thereof
10.04 The City, at its expense and not as an Operating Expense, must replace all
Equipment, Additional Equipment, Capital Improvements, Additional Capital Improvements,
and replacements, using prudent business judgment giving due effect to the nature, age,
obsolescence and imminent obsolescence of such assets.
10.05 St. Croix will be responsible for the ordinary housekeeping and cleaning of the
Facility and the Equipment, Additional Equipment, Capital Improvements and Additional
Capital Improvements.
ARTICLE IV
GENERAL TERMS AND CONDITIONS
Section 11. Re!lresentation ofthe City. The City represents and warrants to St. Croix
as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the
Facility will be permitted to be open to the paying public in a manner consistent with industry
practices, from Opening Date until May 1, 1999.
Page 7 of 14
.
.
.
.
Section 12. Standard of Oyeration. St. Croix represents and warrants to the City that it
WIll maintain an efficient and high quality operation at the Facility comparable to other locations
containing facilities similar to those of the Facilities.
Section ],3. A~c;o..Yll.ti!!g Records. Re!lorts and Practices
13.01 St. Croix must maintain accounting records relating to the Facilities using
accounting practIces in accordance with generally accepted accounting principles consistently
applied.
13.02 St. Croix must establish internal financial control policies and practices which are
in accordance with generally accepted standards in the industry and reasonably acceptable to the
City.
13.03 The City will have unlimited access to all accounting records and supporting
documentation ofSt. Croix relating to the Facility during the term of this Agreement and for a
period of three (3) years thereafter. The right to access will be exercised in a reasonable manner.
Section 14. Default. Right to Cure. Consent to Jurisdiction and Waiver of Jurv
IrW
a.
It will be an event of default ("Event of Defaultlt) hereunder if either party
hereto:
1.
F ails to payor deposit sums due by one party to the other within
seven (7) days after written notice by the other of such failure, or
11.
Fails to perform or comply with any other obligation of such party
hereunder within thirty (30) days after written notice by the other
of such failure (which notice will specify, in sufficient detail, the
specific circumstances so as to give the defaulting party adequate
notice and the opportunity to cure the same); provided however,
that if the default is of a nature that it cannot be cured within thirty
(30) days, then the defaulting party will not be deemed in default
hereunder if it commences to cure the default within ten (10) days
after the effective date of the notice of such default and diligently
process to cure such default within ninety (90) days after the
effectIve date of notice.
Page 8 of 14
b.
The parties agree that it is in their best interests to resolve any disputes or
defaults, and, accordingly, agree, that pnor to the exercise of any remedy
granted hereunder, at law or in equity, upon an Event of Default, the
parties will, in good faith, consider alternative dispute resolution
procedures, including, without limitation, arbitration and mediation. The
party who wishes to exercise its remedies will notify the other pany
thereof, which notice will specify the alternative dispute resolutIOn
mechanism that the exercising party wishes to employ (the "Exercise
Notice"). The parties will attempt in good faith to resolve the default by
the alternative dispute resolution mechanism to which they agree,
(including, without limitation, the binding nature of any such alternatIve
dispute resolution proceeding); provided however that if no such
resolution has been achieved within ninety (90) days after the effective
date of the Exercise Notice, the exercising party may proceed to exercise
its other remedies, including, without limitation, termination of this
Agreement.
c. The parties and each of them hereby irrevocably submits to the jurisdiction
of Washington County Minnesota District Court over any action or
proceeding arising out of or relating to this Agreement any other document
evidencing the transaction contemplated by this Agreement.
Section 15. Insurance
15.01 In connection with the employment of its employees, St. Croix will pay all
applicable social security, re-employment, workers' compensation or other employment taxes or
contributions of insurance, and will comply with all federal and state laws and regulations
relating to employment generally, minimum wages, social security, re-employment insurance
and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs,
expenses, claims or damages resulting from any failure of St. Croix to comply with this SectIOn
15.01.
15.02 St. Croix must procure and maintain insurance against any use or occupancy by St.
Croix of the Facility or the operations of St. Croix at the Facility (which operations must include,
without limitation, concessionaire uses, subletting and contract with independent contractors)
and must name the City, its officers, directors, elected officials, employees and affiliates as
additional insureds thereon. The amounts of such coverages will be as follows:
a. For Property Damage and Bodily Injury, and Automobile Coverage:
$2,000,000 per Occurrence and $2,000,000 General Aggregate.
b. Products-Completed Operations Aggregate: $2,000,000
Page90f 14
.
.
.
.
.
.
c. Personal and Advertising Injury: $1,000,000 per Occurrence
d.
Medical Expenses: $5,000 per Occurrence.
15.03 CIty must procure all Risk Property Insurance for the completed value of the
Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility
against the penis of fire and other perils normally covered by an All Risk policy. The City must
be named insured on the property insurance. The City and St. Croix agree to waive all rights
against each other, and each other's subsidiaries, affiliates, agents and employees, for damages
covered by the property insurance.
Section 16. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and
defend City or City's agents, representatives and any affiliated or related entities against any and
all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that
are alleged to have occurred as a result of or due to the breach of contract, negligence or willful
misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to
the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused
by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix
hereby waives any claims it may, now or in the future, have against City which claims are or
should have been covered by the insurance specified in this Agreement, excepting claims that
arise in whole or in part based upon an alleged defect in the design, construction or maintenance
of the Sports Facility prior to the Opening Date. By this indemnity, which is not intended to be
the procurement of insurance, the City in no way knowingly or intentionally waives its
"maximum liability" as specified in Minn. Stat. 9466.04.
Section 17. Damage to and Destruction of the Location. If all or part of the Location
is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion
of the City, .
a. Can be substantially repaired under applicable laws and governmental
regulations within three hundred sixty-five (365) days from the date of
such casualty (employing normal construction methods without overtime
or other premium), the City will forthwith at its own expense repair
damage other than damage to its improvements, furniture, chattels or trade
fixtures. During the period during which the Facility or any part thereof
remains untenantable until the Facility resumes full operation.
1.
The Management Fee must be reduced accordingly, and St. Croix
and the City must jointly decide on an operating budget for the
duration of the repair period and jointly determine whether to
retain personnel during the repair period, and
PagelOof 14
11
Subject to applicable law, the term of the Agreement will be
extended by the amount oftime in which the FaCIlItIes are closed
to the general public due to the damage.
.
b Cannot be substantIally repaired under applIcable laws and governmental
regulations With three hundred sixty-five (365) days from the date of such
casualty (employmg normal constructIon methods without overtime or
other premium), then the City must notify St. Croix thereof. In such case,
either the City or St. Croix may elect to terminate this Agreement as of the
date of the casualty by 'Wntten notice delivered to the other
Section 18. Em!lloyee~
18.01 All persons engaged at the Facility in operating any of the services hereunder are
the sole and exclusive employees of S1. CroIX and must be paid by S1. Croix. In connection with
the employment of its employees, St. Croix will pay all applicable social security, re-
employment insurance, workers' compensation or other employment taxes or contributions to
insurance plans, and retirement benefits, and must comply with all federal and state laws and
regulations relating to employment generally, minimum wages, social security, re-employment
insurance and worker's compensation, and will defend, indemnify and save the City harmless
from any responsibility therefore. S1. Croix must comply with all applicable laws, ordinances
and regulations including, without limitation, those pertaining to human rights and
nondiscrimination set forth in Minn. Stat. S 181.59, Minn. Stat. Ch 363 and the Stillwater City
Code as the same may be amended from time to time, all of which are incorporated herein by
reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty
provisions which may be invoked by the City pursuant to the above cited statutes and ordin.ances.
.
18.02 St. Croix will employ trained and neatly dressed employees and the employees
must conduct themselves at all times in a proper and respectful manner. Any dismissal must be
in accordance with applicable federal, state or local laws which may be in effect, and St. Croix
will defend, indemnify and save the City harmless from any claim, cause of action. expense
(including attorneys' fees), loss, cost or damage of any kind or nature arising therefrom, except
in the case of express written direction from the City.
Section 19. Nonwaiver:. The failure of either party at any time to enforce a provision of
tills Agreement will m no way constitute a waiver of the provision, nor in any \Va)' affect the
valIdity of this Agreement or any part hereof, or the right of the party thereafter to enforce each
and every provision hereof.
Section 20. Amendment. The parties may amend this Agreement only by wntten
agreement executed by the parties.
Page 11 of 14
.
Section 21. Choice of Law. The laws of the State of Minnesota will govern the rights
. and obligations of the parties under this Agreement
Section 22. Severability Any provision of this Agreement decreed invalId by a court of
competent jurisdictIOn will not invalidate the remaining provisions of thIs Agreement.
Section 23. Notices
23.01 Any notice required herein will be in writing and will be deemed effective and
received (a) upon personal delivery; (b) five (5) days after deposit in the Umted States mail,
certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposIt
with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses:
If sent to the City:
Nile Kriesel
City Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
with a copy to:
Diane Deblon
City Treasurer and Finance Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
.
If sent to S1. Croix: Richard Anderson
St. Croix Catering
301 South Second Street
Stillwater, MN 55082
23.02 The City's representative to S1. Croix in connection with Facility operations will
be Nile Kriesel, City Coordinator and will be the St. Croix On-site Manager.
Either party may designate an additional or another representative or address for notices upon
giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement.
"business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the Umted
States of America.
Section 24. Force Majeure
24.01 Neither party will be obligated to perform hereunder, and neither will be deemed to
be in default, if performance is prevented by fire, earthquake, flood, act of God, not. ciVIl
commotion or other matter or condition of like nature, including the unavailability of sufficient
.
Page 12 of 14
fuel or energy to operate the LocatIOn, or any law, ordinance, rule, regulation or order of any
publIc or mIlitary authority stemnung from the eXIstence of economic controls, not, hostIl1tIes, .
'War or governmental law and regulations.
24.02 In the event of a labor dispute whIch results in a strike, picket or boycott affecting
the Facll1ty or the services described in the Agreement, St. Croix will not be deemed to be m
default or to have breached any part of this Agreement.
Section 25. Integration. This Agreement and all appendices and amendments hereto
embody the entrre agreement of the parties relatmg to the services to be provided hereunder
There are no promises, terms, conditIOns or obligatIOns other than those contamed herem, and
tlus Agreement will supersede all previous commurucations, representations, or agreements,
eIther oral or written, between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CITY OF STILLWATER
A Minnesota municipal corporatIOn
Jay L. Kimble, Mayor
ATTEST:
.
Morli Weldon, Clerk
S1. CROIX CA TERlNG
Richard Anderson, President
Page 13 of 14
.
.
.
.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On thIs _ day of _ 1998, before me, a Notary Public Within and
for saId County, appeared Jay 1. 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 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of , 1998, before me, a Notary Public Within and for
said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did
say that he is the President of St. Croix Catering and that this instrument was signed as the free
act and deed of the corporatIOn.
Notary Public
Page 140f 14
EXtTl 111 l'ft II
Ct> (V) B IIJ c,P
-:;,-,~.-;-f(~d Budget for Lily Lake and Sports Complex
5/1/98 - 4/30/99
Revenues .
Sports Complex
Lily Lake New Arena Fieldhouse Total
Rentals
School $ 18,000 00 $ 37,00000 $ 10,00000 $ 65,00000
Associations $ 94,000 00 $ 75,000 00 $ 80,000 00 $ 249,000 00
Other
League $ 27,00000 $ 73,00000 $ 150,000 00 $ 250,00000
Figure Skating/Lessons $ 10,000 00 $ 13,50000 $ 23,500 00
Open Skate $ 3,00000 $ 12,00000 $ 15,000 00
Walking $ 3,00000 $ 3,000 00
Total Rentals $ 152,000 00 $ 210,50000 $ 243,000 00 $ 605,500 00
Other
Concession $ 11,50000 $ 25,00000 $ 25,00000 $ 61,50000
AdvertiZing $ 17,50000 $ 17,50000 $ 35,00000
Golf $ 32,00000 $ 32,000 00
Miscellaneous $ 4,00000 $ 8,000 00 $ 8,00000 $ 20,00000
Total Other $ 15,500 00 $ 50,500 00 $ 82,500 00 $ 148,500 00
Total Revenues $ 167,50000 $ 261,00000 $ 325,500 00 $ 754,000 00
Expedltures .
Sports Complex
Lily Lake New Arena Fieldhouse Total
Personal Services
5/1/98 - 9/30/98
Manager $ 3,520 00 $ 3,520 00 $ 3,520 00 $ 10,560 00
Asst Manager $ 3,080 00 $ 3,080 00 $ 3,080 00 $ 9,240 00
Rec Director $ 91600 $ 91700 $ 91700 $ 2,750 00
Clerical $ 440 00 $ 440 00 $ 440 00 $ 1,320 00
Subtotal $ 7,956 00 $ 7,95700 $ 7,95700 $ 23,870 00
10/1/98 - 4/30/99
Manager $ 4,800 00 $ 4,800 00 $ 4,80000 $ 14,400 00
Asst Manager $ 8,400 00 $ 8,40000 $ 8,400 00 $ 25,200 00
Rec Director $ 5,000 00 $ 5,000 00 $ 5,00000 $ 15,000 00
Clerical $ 2,000 00 $ 2,000 00 $ 2,00000 $ 6,000 00
Zambonl Operators $ 30,800 00 $ 36,400 00 $ 67,20000
Custodian $ 7,425 00 $ 5,850 00 $ 5,850 00 $ 19,12500
Attentants/Ska teg ua rd $ 10,12000 $ 11,96000 $ 29,900 00 $ 51,98000
Concession Worker $ 2,475 00 $ 2,925 00 $ 2,925 00 $ 8,325 00
Subtotal $ 71,02000 $ 77,33500 $ 58,875 00 $ 207,23000
Total Personal Services $ 78,976 00 $ 85,292 00 $ 66,832 00 $ 231,100 00 .
Management Fees $ 11,666 00 $ 11,66700 $ 11,66700 $ 35,000 00
. Expedltures (continued)
Goods and Services
Office Supplies $ 250 00 $ 350.00 $ 350 00 $ 950 00
General Supplies $ 3,50000 $ 4,500 00 $ 4,50000 $ 12,50000
Concession Supplies $ 7,00000 $ 16,00000 $ 16,00000 $ 39,000 00
EquIp Repair Supplies $ 4,800 00 $ 1,500 00 $ 1,50000 $ 7,80000
Telephone $ 900 00 $ 1,500.00 $ 1,500.00 $ 3,900 00
Electrrclty $ 16,500.00 $ 19,20000 $ 28,800 00 $ 64,50000
Propane $ 2,500 00 $ 2,500 00
Natural Gas $ 4,500 00 $ 18,00000 $ 42,000 00 $ 64,500 00
EquIp Repair Charges $ 11,200.00 $ 5,000 00 $ 5,000.00 $ 21,20000
Sales Tax $ 3,00000 $ 6,000 00 $ 8,000.00 $ 17,00000
Laundry $ 220.00 $ 250 00 $ 250 00 $ 720 00
Uniform $ 450.00 $ 450 00 $ 450 00 $ 1,350 00
Dues/Subscrrptlons $ 200.00 $ 200 00 $ 200.00 $ 600 00
Prrntlng & Publishing $ 300 00 $ 400 00 $ 400 00 $ 1 ,100 00
Postage $ 100 00 $ 250 00 $ 250 00 $ 600.00
Insurance $ 4,800.00 $ 2,625 00 $ 2,625 00 $ 10,05000
Auditing $ 600.00 $ 600 00 $ 600 00 $ 1,800 00
Miscellaneous $ 1,00000 $ 1,50000 $ 1,50000 $ 4,000 00
Total Goods and Services $ 61,820.00 $ 78,325 00 $ 113,925 00 $ 254,070 00
Total Expenditures $ 152,462.00 $ 175,284.00 $ 192,424.00 $ 5~O,170 00
. Net Income $ 15,03800 $ 85,71600 $ 133,07600 $ 233,830 ~
.
Exhibit "8"
Personal Services Expenses
.
Sports Complex
Lily lake New Arena Fieldhouse Total
Pre-Ooening Phase Expenses,
Personal Services,
5/1/98 - 9/30/98
Manager $ 3,520 00 $ 3,520 00 $ 3,520 00 $ 10,560.00
Asst. Manager $ 3,080.00 $ 3,080.00 $ 3,08000 $ 9,240.00
Rec. Director $ 916.00 $ 917.00 $ 917 00 $ 2,750.00
Clerical $ 440.00 $ 440 00 $ 440 00 $ 1,320.00
Total Personal Services $ 7,956.00 $ 7,95700 $ 7,957.00 $ 23,870.00
Management Fees $ 2,916.00 $ 2,917.00 $ 2,917.00 $ 8,750.00
Total Pre-Opening Phase Expenses $ 10,87200 $ 10,87400 $ 10,87400 $ 32,620.00
Post Opening Phase Exoenses .
Personal Services
10/1/98 - 4/30/99
Manager $ 4,800.00 $ 4,800.00 $ 4,80000 $ 14,400.00
Asst. Manager $ 8,400.00 $ 8,400.00 $ 8,400 00 $ 25,200.00
Rec Director $ 5,000.00 $ 5,000.00 $ 5,00000 $ 15,000.00
Clerical $ 2,000.00 $ 2,000.00 $ 2,00000 $ 6,000.00
Zamboni Operators $ 30,800 00 $ 36,40000 $ 67,200 00
Custodian $ 7,425.00 $ 5,850.00 $ 5,850 00 $ 19,125.00
Atlentants/S kateg ua rd $ 10,120.00 $ 11 ,960 00 $ 29,900 00 5 51,98000
Concession Worker $ 2,475.00 $ 2,925.00 $ 2,925 00 $ 8,325.00
Total Personal Services $ 71,02000 $ 77,33500 $ 58,875 00 $ 207,230.00
Management Fees
$ 8,750.00 $ 8,750.00 $ 8,750.00 $ 26,250.00,
Total Post Opening Phase Expenses $ 79,77000 $ 86,085 00 $ 67,625 00 $ 233,480.00
Grand Total $ 90,642.00 $ 96,959 00 $ 78,499 00 $ 266,100 O.
. Exhibit "C"
Expenditures - City Paid
Sports Complex
Lily lake New Arena Fieldhouse Total
Office Supplies $ 250.00 $ 350.00 $ 350.00 $ 950.00
General Supplies $ 3,500 00 $ 4,500.00 $ 4,500 00 $ 12,500.00
Concession Supplies $ 7,000.00 $ 16,00000 $ 16,000 00 $ 39,000 00
Equip. Repair Supplies $ 4,80000 $ 1,500 00 $ 1,500.00 $ 7,80000
Telephone $ 900.00 $ 1,500 00 $ 1,500 00 $ 3,900 00
Electricity $ 16,500.00 $ 19,20000 $ 28,800 00 $ 64,500.00
Propane $ 2,500 00 $ 2,500.00
Natural Gas $ 4,500.00 $ 18,000 00 $ 42,000 00 $ 64,500.00
Equip. Repair Charges $ 11,200.00 $ 5,000.00 $ 5,00000 $ 21,20000
Sales Tax $ 3,000.00 $ 6,000.00 $ 8,000 00 $ 17,00000
Laundry $ 220.00 $ 250.00 $ 250.00 $ 720.00
U mfo rm $ 450.00 $ 450 00 $ 450 00 $ 1,350 00
Dues/Subscriptions $ 200 00 $ 200 00 $ 200.00 $ 600.00
Printing & Publishing $ 300.00 $ 400.00 $ 400 00 $ 1,100.00
Postage $ 100 00 $ 250.00 $ 250.00 $ 600.00
.rance $ 4,800 00 $ 2,625.00 $ 2,625 00 $ 10,050.00
Auditing $ 600.00 $ 600.00 $ 600 00 $ 1,800 00
Miscellaneous $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 4,000.00
Total Goods and Services $ 61,820.00 $ 78,325 00 $ 113,925 00 $ 254,070.00
.
.
.
.
.
.
.
'\
MEMORANDUM
TO:
Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: May 5, 1998
RE: Territorial Prison Update
I have received the attached communications :from the Territonal Coalition for Stillwater
Radisson Hotel and Suites construction.
The National Park Service has approved the proposed windows and closing of sale of the site
should occur in approximately three weeks.
Recommendation: Continue contract for sale of Territorial Prison Site to June 16, 1998.
Attachments: Letter and memo
May-04-98 04:13P
Form ,~,sab
Fl...- 1 2190
o CONTINUATION/AMENDMENT GET
P.02
I'
OM 8 Approlled
No I024.()()09
".
M~nn. Territorial State Prison
Historic Preservation
Certification Application
.
Property Name
606 North Main Streett Stillwater, MN
Property ~dress
In.tructlona. Read (he ,"'lructlonS c:arelufly tlefore compleung. Type, or print c;le.rty III tlIac:k 1M. Uat ItUI sIl.et to contlnutl sectIOns of the PlII1 I and Parl 2 ap.
pllCl1.on. or 10 amend an apphttClOn already submitted Photocopy Idd,bOnaI shHIS as ne9ded.
nu. In"l. 0 contInues Part I III c:onllf'lU8S PM! 2 0 atrMrtd. Part 1 0 amellds Part 2 NPS PI'O/IICI Number 1961
Original Requirement:
Wood composite w~th true divided lights
lntended Window System:
As per original submittal and negotiated acceptance
Andersen Window System II with Fiorex Composite
Descr~ption/Specification sheets are attached (A-I)
.
...
Name
Mark C. Finnemann
.
3-26-98
SlIMl 2145 Ford Pkwy 1201
Stale M:lnnesota Zip 55116
Cily St. Paul
Oaytllllt Tllep/lOnt Number (612) 690-5525
NPS 9.tf~c~ Use Only
* ~ 1ft~~~nal Park Service has determIned that these project amendments meet the Secretary ot the Interior's "Standards
for RehabIlitation."
o The National Park Servlee has determined that these project amendments wliI meet lhe Secretary 01 the lnterlor'$ "Standards
for RehabilitatIon" it the attached conditions are met.
D The Nanonal Park ServIce has determined that these project amendments do not meet the Secretary of the Interior's
'~Rnd3"li \99\l'ha"III"O"'~i O. {kfJ.A
..., "...~, .." ,~~. A""'m "r);' I NW::!. ~.Q..., ",--..",oo No
o SM Altachmltnts
.
May-05-98 06:05A
U~/U~/~O .u~ lO;U~ r~ ~!~ ~J~ ~~~~
,,;- ),
P.02
'elVU":
~
, ",
. ,
.M.K.D. Capital Corp.
114 F~ 32r.d Street. ~uite n01
NewYOJk.NcwYork 10016
Tel (212) 213-2rr1
FAX (212) 213-1324
May 4, 1998
MT. ~lchael Borum.
P.O. Box 22
Stillwater, MN 55082
Re: Stillwaterl Radisan
Dear Mike.
.
As we discussed, the legal procts! for a closing will take us approximately three weeks. I
am coofimling with our underwriters that they have all of the required information in
order to get that process mOVIng. 1 should have that coofumation Wlthm the next. couple
of days.
If you need any further information, please give me a call.
Very Truly Yours,
.
,
t
.
.
.
RESOLUTION NO. 98-115
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 $979,059.16 are hereby approved for payment, and
that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on
file in the office of the City Clerk and may be inspected upon request.
Adopted by the Council this 5th day of May, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 98-115
A.T.O.M. Training
Accountemps SaBy
Action Rental Space Rental
Amdahl, Chns Service CaD
Amoco Gasoline
Ankeny Kell Professional Services
Aspen Mills Uniforms
B.S.S I. Spanish Class
Beberg , Don Meals
Board of Water Stillwater WAC
Brimeyer Rec. Services Police Chief
Brookman Motors 1998 Dodge Van
Bryan Rock Rock for streets
CarQuest vehicle parts/repairs
Catco Part Repairs
~ Chemsearch Weed KiUer
Chial, Deb Website Graphics
Clarey's Helmets
Clog Unbogger Eagle Ridge Sewer Pipe
Construction Bulletin 1 st Street
Continental Business Oil Cleaner
Deblon, Diane Mileage to Training
Desch, Mark, Gloria LeaselMaintenance
Emergency App Repairs
ES Inc Supplies
Express Photo 3-98 Processing
Gateway 2000 Modem kit
GEO W. Olson Sports Complex
Global Center Internet E-Mail
Gordon Iron & Metal Supplies
Greeder Electric Siren Service
H + C Cleaning Cleaning Service
Harvard Business School Pub Corp Perf CoIl
Holman, Rose Mileage to Training
Honeywell Maple Island Security Service
Imagineering Network Consulting
Interim Testing Receptionist
International Assc of Arson Membership
International Assc of Fire Chief Membership
Kallsted, Kim Keys
Legislative Association Consultant Services
Lexmark IBM Ribbons
LMC Berkley Risk Claim 11012459
,
,
.
$
400.00
1,591.00
135 00
72.00
296.55
7,031.34
31.36
118.00
56.00
940.50
5,000.00
19,202.78
457.27
762.43
172.19
841.78
75.00
4,41595
75.00
88.45
321.00
63.75
979.65
3,755.37
1,296.72
26.84
168.28
761,315.00
25.76
67.95
715.00
3,631.40
28.95
141.50
389.79
894.60
250.00
100.00
120.00
4.45
6,275.00
86.10
500.00
.
.
r .
.
M P.H.
Magnuson, David
Menards
MIller, Davin
Miller, Peggy
Minnesota Dept of Economics
MN Pollution Control Agency
Moore Medical
Municipal Code Corporation
Mummetnx Systems Corp
Nelson Radio
Northwestern Tire
Norwest
Pllquist
Pitney Bowes
Quantum Digital
Raduenz, Randy
Reeds Sales
Schaubach, Shelly
St. Croix Animal Hospital
St. Croix Fencing
St. Croix Office Supplies
Stillwater Gazette
Stillwater Lions Club
Stillwater Sunrise
Stillwater Township
T eltronix
T erriault, David
Thompson Hardware
Thompson Publishmg
Treadway Graphics
Uniforms Unlimited
Valley Micro
Valley Trophey
Volt
Washington County Treasurer
Washington County Treasurer
Yocum 011
.
ADDENDUM
.
Airtouch Cellular
AT&T
AT & T Wireless
Radar units
Professional Services
Lumber
Uniforms
Refund
Unemployment
Inspections
Stifneck Bags
Supplies
Maintenance
Repair Siren Service
Supplies
Paying Agent Fees
Door Assembly
Mail Machine
Copies
Numbers for building
Manual for Roller
Mileage
Boarding
Repair Fence
Supplies
Ordinance
Membership
Quarterly Dues
Sand & Snow plowing
Rec. Network Service
Refund
supprleS
Fair Labor Standards
DARE Graduation
Uniform cap
Training
Name Plate
Temporary Help Receipt
Tab Renewal
May Portion Taxes
Gasonne
4,80850
13,17840
231 36
427 46
7000
2166
72.00
46.98
4,13950
480 00
1,967.16
377 02
62.50
75.00
1,634.78
6547
100.00
847
1920
530.76
570 85
250.21
277.53
83.50
115.00
805.52
117.00
70.00
233.26
248.00
837.50
29.95
1,800.00
27.85
2,674 92
8.50
43,138.00
82.46
Cellular Phone
Long Distance
Cellular Phone
139.63
1.36
393.98
Metropolitan Council
NSP
Parker, Scott
Peterson, Craig
SW/SC ServIce Corp
US West Communication
. 1
SAC
Service
Meals
Meals
Premiums
Phone
59,251.50
8,189.40
4791
4979
6,116.25
2,263 36
.
$ 979,05916
Approved by the City Council thiS 5th day of May, 1998
.
.
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-10
April 21, 1998
SPECIAL MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble
Present:
Absent:
Councilmembers Bealka, Thole, Zoller and Mayor Kimble
Councilmember Cummings
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Administrative Assistant Cordes
City Clerk Weldon
Press:
Julie Kink, Courier
1. Report on Police Chief recruitment process - James Brimeyer
James Brimeyer, Brimeyer Group, reviewed the recruitment process. He stated twenty candidates
were interviewed by the search firm. The top ten candidates selected by the firm according to criteria
set by Council were then presented to Council for consideration. Each candidate was discussed and
six were selected to be interviewed by Council on May 12, 1998, starting at 4 p.m.
The meeting was recessed at 5:50 p.m.
Mayor Kimble
Attest:
City Clerk
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-~
April 21, 1998
REGULAR MEETING
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
City Engineer Eckles
Finance Director Deblon
Community Development Director Russell
Fire Chief Kallestad
City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Gazette
I
City Council Meeting No. 98-~ /D
April 21, 1998
APPROVAL OF MINUTES
Motion by Councilmember Bealka, seconded by Councilmember Thole approving tl:e minutes of Mare
31, 1998, Special Meeting and April 7, 1998, Regular and Recessed Meetmgs. All m favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. James Laskin, City of Stillwater Chamber of Commerce - Downtown hanging planters.
Mr. Laskin announced the City of Stillwater Chamber of Commerce was very successful
with fundraising efforts. It proposes to install 48 hanging planters on Main Street in
downtown Stillwater. The chamber would pay for the custom-made hangers, baskets,
plantings and maintenance. He requested the City provide one person for one day to help
with the installation of the hangers.
Motion by Councilmember Bealka, seconded by Councilmember Thole approving the proposal
of the City Chamber of Commerce to install 48 hanging planters on Main Street in the downtown
area and approving request for City assistance with installation of hangers. All in favor.
Mr. Laskin also stated the Chamber has also secured funds for three information kiosks;
two would be located downtown and the third would be located at the new sports
complex. The Chamber would maintain the kiosk information listings on a regular basis.
Motion by Councilmember Thole, seconded by Councilmember Cummings approving the
placement of three information kiosks as requested by City of Stillwater Chamber of Commerce, .
with locations subject to approval by Community Development Department. All in favor.
2. Sheryl Marshall, St. Croix Area United Way.
Ms. Marshall requested permission to hang a banner celebrating the 50th anniversary of
the United Way from April 22 to November 23. They would agree to remove the banner
if another organization requested the space during that time. She stated the months of
May, September, October, 1998, and February 1999, were the most important for the
campaign.
Mr. Kriesel explained the standard policy is to allow banners to hang for 10-14 days.
(MnDOT only allows 14 days on Main Street, a state highway). Staff felt the display of
the bmmer for such an extended period oftime would be inconsistent with past practice.
Therefore, he recommended Council consider a period of not more than 30 days or
perhaps hang them 30 days in the spring and then again in the fall.
Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the
hanging of the United Way banner on Chestnut Street for the month of May, 30 days in
September/October of 1998, and the month of February, 1999. All in favor.
3. Ed Cain, Legislative Associates - Legislative Update
.
Mr. Cain updated Council on current status legislation related to the levee wall. He
stated he was available for any questions related to Judge Montgomery's ruling on the
2
"
City Council Meeting No. 98-~ /0
April 21, 1998
.
proposed interstate bridge and the responses by the States of Minnesota and Wisconsin
regarding that ruling.
Mayor Kimble requested authorization [rom the Council to write a letter to the
Commissioner James Denn, MN Dept. of Transportation, requesting the condition of the
lift bridge be reexamined for estimated functional life, maintenance costs, and traffic
counts.
Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing the
Mayor to write a letter to the Commissioner James Denn, MN Dept. of Transportation,
requesting the condition, traffic counts, and estimated life of the lift bridge be reexamined. All
in favor.
OPEN FORUM
1. Richard Kilty, 118 W. Oak Street, stated he had recently attended a meeting with the Minnesota
and Wisconsin Departments of Natural Resources and the National Park Service. He felt writing
letters to the highway department was a waste of time.
2. Tim McCauley, 2340 Driftwood Lane, expressed concerns with the ball games being held at the
Oakridge Community Church. He stated there was damage to fences and loss of privacy to
adjoining property owners.
. City Coordinator Kriesel explained the matter had been discussed at a staff meeting this week and
the staff will be contacting the church and neighbors.
Ron Churchill, 2356 Driftwood Lane, stated he would picket the church and contact the media if the
problem is not resolved quickly.
Evelyn Nyberg, 2213 Oakridge Road, also expressed dissatisfaction with the ball games being
played at the church.
3. John Heilman, 902 W. Maple, requested Council take action regarding dog waste on public
property. Councilmember Thole explained this item was on the agenda and action would be taken
later in this meeting.
STAFF REPORTS
Finance Director Deblon presented quotes received relating to the energy audit at the Lily Lake Ice
Arena. Council had previously authorized application and receiving quotes for this audit. The quotes
are as [0110\\'5: $9,100 for lighting improvements and $2,284 for installation ofa capacitor. The
Center for Energy received two quotes on the city's behalf for the water tank insulation at $960.
With the NSP rebate and energy grant funds, the net city cost for lighting and insulation
improvements are approximately $4,194. The capacitor is not eligible for grant funds.
.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-109
accepting quotes and approving contracts with Bavolak Electric and Gagnon, Inc. for the Lily Lake Ice
Arena energy audit improvements and authorizing work be done by June 19, 1998.
"l
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City Council Meeting No. 98-!il' ID
April 21, 1998
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
City Engineers Eckles provided Council with an update on the retaining wall on 2nd Street near
Pioneer Park. A large portion borders another property. Staff will continue to work on both short-
and long-term solutions.
.
City Coordinator Kriesel presented the Charter Commission's request to reschedule the workshop
with Council for 4:30 p.m. on May 19.
Motion by Councilmember Thole, seconded by Councilmember Zoller scheduling a workshop with the
Charter Commission for 4:30 p.m. May 19, 1998. All in favor.
Motion by Councilmember Thole, seconded by Councilmember Zoller to schedule a special meeting for
May 12, 1998, at 4 p.m. to interview candidates for police chief. All in favor.
City Clerk Weldon reported Tom Foley, Washington County Attorney, and Richard Hodsdon have
made a request to address Council on May 5 regarding the Juvenile Curfew Ordinance. Councils
direction on the choice of meeting time (4:30 or 7 p.m.) was requested.
Motion by Councilmember Thole, seconded by Councilmember Zoller to schedule the presentation by
Tom Foley, Washington County Attorney, and Richard Hodsdon regarding the Juvenile Curfew
Ordinance for 7 p.m. May 5. All in favor.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. .
All in favor.
CONSENT AGENDA *
1. Resolution 98-97: Directing Payment of Bills
2. Resolution 98-98: 1998 Labor Agreement with IUOE Local 49
3. Purchase of 37 firefighter helmets - Fire Dept.
4. Resolution 98-99: Renewal of gambling premises permits at Elks Lodge, Loggers and John's Bar-
B.P.O.E. Elks No. 179
5. Resolution 98-100: Employment of Katherine Rogness as Receptionist/Clerk Typist-
Administration
6. Purchase of survey equipment - Engineering
7. Contractors Licensing: Adolfson & Peterson, Inc., Minneapolis; Wellington Window & Door, St.
Louis Park; Pools, Inc., Minneapolis; St. Croix Fencing, New Richmond, WI
8. Resolution 98-101: Designating as No Parking on Curve Crest Boulevard
9. Hang banner at Chestnut Street - United Way 50th Anniversary
10. Resolution 98-102: Temporary Employment of Tricia Markfort - Parks Dept.
11. Resolution 98-103: Accept proposal of Tennis Court Doctor to apply filler coat and color coat to
Ramsey Park and Staples Field basketball court and installation of basketball post and backboards at
Staples Field
12. Resolution 98-104: Extension of Fire Protection Contracts with Townships of Stillwater and May .
and the City of Grant
13. Resolution 98-105: Approving participation in household hazardous waste collection program and
issuing license to Washington County for use ofreal property
4
City Council Meeting No. 98~ /0
April 21, 1998
.
14. Resolution 98-106: Authorization to make grant application and enter agreement with Minnesota
Dept. of Public Safety and Minnesota State Patrol for alcohol saturation events
15. Resolution 98-107: Intergovernmental Agreement with Metropolitan Council for Lily Lake
monitoring program for 1998
16. Resolution 98-108: Approving proposal of Fredcove Construction Co. for construction of
handicapped ramp
UNFINISHED BUSINESS
1. Possible second reading of Ordinance 856 amending Chapter 51, Traffic and Parking
Regulations, and Chapter 41, Peddlers and Solicitors.
City Attorney Magnuson presented the ordinance which would extend parking enforcement on City
lots to Sundays and holidays and authorize the use of the CJDN terminal to run background checks
on solicitors and peddlers that register with the City.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of
the Ordinance 856 amending Chapter 51, Traffic and Parking Regulations, by extending parking
enforcement on City parking lots to Sundays and holidays and Chapter 41, Peddlers and Solicitors, by
authorizing background checks on solicitors and peddlers that register with the City.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
. 2. Request for improvement ofUBC parking lot
Community Development Director Russell reported the developer of the UBC lot has not yet secured
financing for the condo/parking project. Based on the lack of financing progress, the Downtown
Parking Commission is recommending the city consider making the lot available for pay parking this
summer. The Commission suggested the lot be improved and a parking machine installed. At
$3/day rate, it is estimated $25,000-$30,000 would be generated per year. The estimated cost of
improvements is $100,000; the cost could be paid back from parking proceeds. The other option for
paying for the lot is forming a parking district. He stated this financing altemative\vas not
supported by downtown businesses previously. He stated the developer, Mr. Roettger, expected to
have the financing information within two weeks.
Council determined they would wait two weeks before making a decision to allow [vIr. Roettger time
to secure the financing.
Motion by Councilmember Thole, seconded by Councilmember Cummings to table the request for
improvement of UBC lot for pay parking to the May 5 meeting. All in favor.
3. Request for annexation of Neal Meadows area
.
Community Development Director Russell reported the City has received a petition for the
annexation of Neal Meadows. The petition is adjacent to the City and has been signed by 100(% of
the owners. This item has been on the Joint Board agenda twice. The property and petition meet the
requirements of the Orderly Annexation Agreement for annexation. After annexation, the property
would have to be rezoned from Agricultural Preservation to Single Family Residential consistent
5
City Council Meeting No. 984 }f)
April 21, 1998
.
with the Comprehensive Plan. The Joint Board would approve the rezoning and review and
comment on the subdivisionlPUD.
.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-110
approving the annexation of Neal Meadows.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Possible second reading of Ordinance 857 amending Chapter 30, Garbage and Rubbish, by
rescinding Ordinance 836, regarding use of authorized biodegradable bags for yard waste
City Coordinator Kriesel reported the experiment with biodegradable yard waste bags last year did
not work due to lack of availability of the bags. The City encourages the use of biodegradable bags,
but would no longer require them.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of
Ordinance 857 amending Chapter 30, Garbage and Rubbish, by rescinding Ordinance 836, regarding
use of authorized biodegradable bag for yard waste.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
5. Update: Rivard property
.
Community Development Director Russell reported that, as directed by Council on April 5, staff
had continued to work on the purchase of the Rivard property for a community park/public works
facility.
He presented the following proposal from Leon Meuwissen, President, CroixStar Properties, as a
possible basis for a purchase agreement: Purchase price of $1 million; $500,000 payable upon
closing; $400,000 payable two years after closing upon vacating of the business property; $100,000
payable after Burt Rivard and his wife vacate the family home and relinquish the Life Estate. The
imputed interest on the $500,000 balance due after closing would be considered as leaseback rent of
the business property to Rivard. The Rivard home would be treated as a Lifetime Estate with a $1
per year leaseback rate.
Community Development Director Russell presented values and purchase prices of various
properties in the area. He suggested Council consider the assistance from the Water Board for a
water tank site ($150,000) and use of the site for a public works facility. He stated, with the
proposed terms, the City gets a warranty deed at closing and has two years to plan for the
coordinated service use of the site.
Costs of purchase and condemnation of the property were discussed. No action was taken.
6. Selection of consultant for 62nd Street North area specific plan
.
Community Development Director Russell reported an RFP was prepared at Council direction and
proposals for preparation of the plan were received from Westwood Professional Services, Inc. and
6
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City Council Meeting No. 98-'" Iv
April 21, 1998
Bonestroo Rosene Anderlik & Associates (BRA). After review of the proposals, staff felt BRA had
a better grasp of the plan issues involved and at a lower price to the City.
l'dotion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-111
appro\' iug the contract with Bonestroo Rosene Anderlik & Associates for consulting services for the
62nd Street North area specific plan.
Ayes: Councilmcmbers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
NE'V BUSINESS
1. fossible iirst reading of ordinance adopting and enacting a new code for the City of Stillwater
City Attorney tvlagnuson reported work on the recodification of the City Code was
completed. He presented Council with a copy of the Code, published by Municipal Code
Corporation, and requested the first reading of an ordinance adopting the new code.
Motion by Councilmember Thole, seconded by Councilmember Cummings to have the first
reading of ordinance adopting and enacting a new code for the City of Stillwater. All in favor.
2. Possible first reading of ordinance regulating animal waste
Motion by Councilmember Bealka, seconded by Councilmember Thole to have the first reading of an
ordinance regulating animal waste. All in favor.
3. Request for Council support for affordable housing consistent with City of Stillwater
Comprehensive Plan
Community Development Director Russell reported a request was received from Don Nolde,
Anchobaypro, Inc. for a resolution in support of a tax credit housing project that would help the
developer qualify for use of state and federal housing assistance programs to provide affordable
housing for low and moderate households. No specific project or number of units have been
proposed at this time. Any development would have to be consistent with the City's Land Use and
Zoning Regulations.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-112
agreeing to work with Washington County HRA, Minnesota Finance Agency, and Anchobaypro, Inc.,
to supply affordable housing under MHOP, ARIT, and Tax Credit Programs.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Parks Master Plan - Report and Discussion
Community Development Director Russell provided Council with a general description schedule and
estimated cost for a parks master plan. He provided a typical outline of a master plan and issues that
need to be addressed. If Council is interested in proceeding, he recommended referring the plan
contents to the Park and Recreation Board for review.
7
City Council Meeting No. 98-f Ib
April 21, 1998
Motion by Councilmember Thole, seconded by Councilmember Bealka referring an outline of the plan.
contents of the Parks Master Plan to the Park and Recreation Board for review and recommendation.
All ill favor.
5. City Hall neighborhood parking - Report and recommendation
CilY Coordinator Kriesel reported, pursuant to Council direction, a meeting was held on April 14
regarding parking issues in the City Hall/Library area. Attending were representatives from
Ascension Episcopal Church, Trinity Lutheran Church, Stillwater Library, Post Office, Waml
WnrkJlFamily Services and City Hall. Several options were considered; the most popular was
cuu::>lwction of a parking ramp at the current Trinity lot. Those attending requested the City
commission a qualified firm to develop a study and recommendation for council consideration.
Motion by Councilmember Bealka, seconded by Councilmember Cummings directing the Community
Development Director establish a work program related to parking issues in the City Hall neighborhood
area and report back at May 5 meeting. All in favor.
6. Proposal from Service Environmental to close out remedial investigation of former St. Croix bus
garage, Job 9806
City Engineer Eckles reported a letter has been received from the Minnesota Pollution Control
Agency (MPCA) announcing the investigation of the old Stillwater bus garage site determined the .
side can be closed and no additional investigation or cleanup is necessary. The monitoring wells
installed for the purpose of the study now need to be abandoned. Service Environmental completed
the investigation for the City and has received two quotations for the abandonment and estimates
$1000 to complete the Petro Fund application for reimbursement of 90% of the eligible costs.
Motion by Councilmember Zoller, seconded by Councilmember Thole authorizing Service
Environmental to proceed with abandonment of monitoring wells at old Stillwater bus garage site and
Petro Fund application for a cost not to exceed $1,625. All in favor.
7. A ward bid for 1998 Street Improvement Project, Job 9802-9803
City Engineer Eckles stated the following bids were received for the South 15t Street Reconstruction
Project and Curve Crest Rehabilitation Project on April 2, 1998: Tower Asphalt" Inc. $760,818.46;
Valley Paving, Inc.$797,977.08; and Hardrives, Inc. $827,019.11 He recommended awarding the
contract to the low bidder, Tower Asphalt.
Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 98-113
accepting the bid and awarding contract for 1998 Street Improvements for South 15t Street (Project
9802) and Curve Crest Boulevard Street Rehabilitation (Project 9803) to Tower Asphalt, Inc.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
e
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City Council Meeting No. 98.sS /.0
April 21, 1998
COMMUNI CA TIONS/REOUESTS
1. Stonebridge Elementary School PT A - Request to hold fundraiser dance outdoors on Friday,
April 24, 4-7 p.m.
Motion by Councilmember Thole, seconded by Councilmember Bealka approving request of
Stonebridge Elementary School PT A to hold a fundraiser dance outdoors at the school on Friday, April
24, 4-7 p.m. All in favor.
2. Barbara C.S. Hanson - Resignation from Library Board
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-114
accepting resignation of Barbara C.S. Hanson from Library Board and thanking her for her service as a
member of the Board.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. Tom Sch weitz, Graffiti Teen Center - Request for funding for general operations and for skate
park
City Coordinator Kriesel presented a request from Tom Schweitz, Graffiti Teen Center for City
financial assistance of $31 00 for construction of a skateboard facility at the Center. The City 1998
CIO budget includes $8000 for city owned skateboard facilities. These funds could be used in
support of the Teen Center facilities in lieu of city owned facilities.
Motion by Councilmember Cummings, seconded by Councilmember Bealka approving the request for
financial assistance in the amount of $31 00 of a skateboard facility operated by Graffiti Teen Center.
All in favor.
COUNCIL REOUEST ITEMS
Councilmember Bealka presented a request from Leah Peterson that wild flowers be
planted along the sewer line by the new elementary school. City Engineer Eckles
explained he received the same request and has been talking with Washington County
and MnDOT regarding the reestablishment of turf and seed mixtures that tolerate salt and
control erosion.
Mayor Kimble noted the 8th annual ravine cleanup day will be held April 26. Also,
Severe Storms Awareness Week is scheduled for April 20-24, 1998, and a statewide drill
is scheduled for Thursday, April 23, with all communities activating their warning
systems.
City Engineer Eckles informed Council Jason Rykal, Engineering Technician, had
resigned. His last day of work would be April 22.
Mr. Eckles also updated Council on the progress of the Liberty and Legends
developments.
9
City Council Meeting No. 98-9
April 21, 1998
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Cummings to adjoum at 9:28 p.m. .
Attest:
Mayor
City Clerk
Ordinance 856: Amending Chapter 51, Traffic and Parking Regulations, by extending parking
enforcement on City parking lots to Sundays and holidays and Chapter 41, Peddlers and Solicitors, by
authorizing background checks on solicitors and peddlers that register with the City.
Ordinance 857: Amending Chapter 30, Garbage and Rubbish, by rescinding Ordinance 836, regarding
use of authorized biodegradable bag for yard waste
Resolution 98-97: Directing Payment of Bills
Resolution 98-98: 1998 Labor Agreement with IUOE Local 49
Resolution 98-99: Renewal of gambling premises permits at Elks Lodge, Loggers and John's Bar-
B.p.a.E. Elks No. 179
Resolution 98-100: Employment of Katherine Rogness as Receptionist/Clerk Typist - Administration
Resolution 98-101: Designating as No Parking on Curve Crest Boulevard
Resolution 98-102: Temporary Employment of Tricia Markfort - Parks Dept.
Resolution 98-103: Accept proposal of Tennis Court Doctor to apply filler coat and color coat to
Ramsey Park and Staples Field basketball court and installation of basketball post and backboards a.
Staples field
Resolution 98-104: Extension of Fire Protection Contracts with Townships of Stillwater and May and
the City of Grant
Resolution 98-105: Approving participation in household hazardous waste collection program and
issuing license to Washington County for use of real property
Resolution 98-106: Authorization to make grant application and enter agreement with Minnesota Dept.
of Public Safety and Minnesota State Patrol for alcohol saturation events
Resolution 98-107: Intergovernmental Agreement with Metropolitan Council for Lily Lake monitoring
program for 1998
Resolution 98-108: Approving proposal of Fredcove Construction Co. for construction of handicapped
ramp
Resolution 98-109: accepting quotes and approving contracts with Bavolak Electric and Gagnon,
Inc.for the Lily Lake Ice Arena energy audit improvements and authorizing work be done by June
19,1998.
Resolution 98-110: approving the annexation of Neal Meadows.
Resolution 98-111: approving the contract with Bonestroo Rosene Anderlik & Associates for consulting
services for the 62nd Street North area specific plan.
Resolution 98-112: agreeing to work with Washington County HRA, Minnesota Finance Agency, and
Anchobaypro, Inc., to supply affordable housing under MHOP, ARIT, and Tax Credit Programs.
Resolution 98-113: accepting the bid and awarding contract for 1998 Street Improvements for south 15t
Street (Project 9802) and Curve Crest Boulevard Street Rehabilitation (Project 9803) to Tower .
Asphalt, Inc.
Resolution 98-114: accepting resignation of Barbara C.S. Hanson from Library Board and thanking her
for her service as a member of the Board.
10
.
.
.
To:
From:
Date:
Re:
MEMORANDUM
Mayor and City Council
Sue Fitzgerald, Planner
May 1, 1998
Annual Heritage Preservation Awards
National Preservation Week is May 10 - 16. The HPC has selected the
following businesses to receive the annual awards:
Reuse of Existing Building
Maple Island Hardware
New Development
Washington County
Historical Society
Carriage House
Fa~ade of a Building
Sammies Womens
Casual Attire
Signage - It was a Tie
Tasteful Thymes
&
Company
Grandma's House in
Stillwater
MEMORANDUM
.
TO: Mayor and Council
FR: City Coordinator
RE: Proposed Charter
amendment - conflict
of interest provision
DA: April 17, 1998
~ 1Yl(j ::), )97~
.
Discussion:
I have reviewed the proposed charter amendment regarding conflicts of interest and I have the
following comments and questions:
First of all, I have been the City Administrator for over 19 years and during this time I cannot
think of a single instance where the proposed amendment would have been used (in lieu of
present law) and I need to question why the amendment is now being proposed. Normally, the
enactment of an ordinance rule or re!;!Ulation of this kind is the result of a history of abuse. If
there has been an absence ~f unethic;l behavior or activity in the past, why is th~ amendment
being proposed? Further, I am not aware of any city having a similar ordinance - even for cities
that have had some problems in this area in the past. To my knowledge these cities rely on
existing law (i.e., Minnesota Statutes and in particular NrN Stat. Chapter 471.87) for cases
involving conflict of interest.
In their letter to the Council the Commission states that they have "wrestled "'lith a method of
administration and enforcement of the provisions of this amendment". However, the
Commission does not site reasons for establishing the amendment or "vhy state law "vould not be
used. I think the Commission should explain the incident or incidents that have given rise to the
perceived need for this amendment and why current state law does not adequately address "the
rare event of public complaint of a conflict of interest". Again, what is it about Stilhvater
government that requires such an ordinance?
My real concern is that of procedure and especially "due process". I realize that the intention is
to adopt an ordinance that would provide "substantive and procedural Due Process lO persons
being investigated". However, I am concerned that the establishment of a special Board to
process complaints of a specific nature (and an ordinance which is specitic to confl iets 0 f
interest) will, in some way, conflict with the process that is required per the City's Personnel
Policy and/or public employee labor agreements. If this amendment is adopted I \\ould suggest
that adequate time be allowed to \\Tite the ordinance. I h;)se also developed a separate set 0 f
question that is attached to this memorandum that I \....ould like to address at the me~ling
T uesda y .
.
Fimlly. I realize that the Council is going to be rductant to resist the adoption of' the proposed
amendment to the Charter because to do so would seem to imply (and unfairly so) that you ar~
not concerned about ethics in our local go....ernment. Howe\'er. I \\ould still encourage you to
,/
question the amendment on the 2:rounds that there is ample law in Minnesota that addresses
prohibited interests and that the establishment of a separate Board. \vill in time and practice.
prove to be impractical - and a waste of city time and resources.
In dandY event, I believ~dthis .issue needs to be studied further. Especially as it relates to procedural .
an ue process consl eratlOns.
Recommendation:
Council request that the Charter Commission reconsider proposal to establish a Board of Ethics
or at a minimum commission an independent study to determine if the proposed ordinance is
necessary.
/f(~
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QUESTIONS/COMMENTS
PERTAINING TO PROPOSED CHARTER AMENDMENT
GOVERNING CONFLICTS OF INTEREST
1. Wbat is relationship between 7.09 b), and NfN. STAT Chapter 471.87? Ifwe have a
statute that already applies why have it repeated? Would the exceptions as stated in
471.88 also apply (i.e., can statute provision be superseded)?
2. Wbat is a voluntarilv financial interest? What is personal benefit?
3. May need more than 60 days to ""TIte and adopt ordinance. Would suggest that this
Charter provision if amended be adopted at the same time the ordinance is ready for
adoption. We would need a good working ordinance - one that contains enough
specificity to make it easy to understand and administer.
4. What Boards would be involved? We have the following Boards and Commissions:
a. Charter Commission
b. Heritage Preservation commission
c. Human Rights Commission
d. Library Board
e. Park and Recreation Commission
f. Planning Commission
g. Water Board
\Ve also have the following Committees (some times referred to as Commissions):
a. Joint Cable TV Commission
b. City/ Town board Commission
c. Parking Commission
d. Middle River WMO
e. Sports Complex Commission
5. Authority to issue "binding advisory" opinions? \\/hat is a "binding advisory" opinion.
This provision appears to usurp the Council's legislative authority (in fact the entire
amendment appears to usurp the Council's legislative authority which is established
otherwise by law and conferred to an indi\.idual thru the election process).
6. Wbat vote would be required on Board decisions/tindings? Simple majority. 4/5th. etc.
7. \Vbat kind of budgetary constraints will there be for performing the duties assigned to th\?
Board? There already exists a ..tight" for city dollars and le\"y limits further Cllli;j!oul1d
budgetary constraints.
8. \\rbat is penalty if a public officer or employee is aware of a potential violation but does
not inform anyone?
9. Time period for investigating and reporting findings may need some flexibility to ensure
adequate investigation and due process.
10. \Vhat is the appeals process?
11.
Vvilat about grievance process (as it relates to public employee labor agreements)?
12. Can a permit be made null and void in all situations? What is the case law related to
conflicts of interest involving permits, etc.? \Vilat if the vote is 5-0? What if complaint is
not filed until 7-8 months later or one year later, etc.?
13. Who vvill "staff' the Board?
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"
~OV-07-1996 16:28
LEHGUE OF ~Ui C I TIES
~
1221
\--;
4i1.8~ MllNI('IPAL RlGlIT3. rOWERS. DLTIES
4i1.8i PUBLIC OFFICERS. I:"TEREST IN COt-."TRACf; PE:"1ALn'.
Except as authorized in section 4 71.83, ~ public office: who is authorized to take
part in any m::.nner in ffi:lting any sale. le:asc, or contra~ ::1 offici21 capacity shall not
voluntarily have a p.;::-sonal financial intereS\ in that sale, lease, or CODt~ctOr pe:;;onally
benefit fina~cially th~ref:-om. Every public office:- who violates this provision is guilty
of a gross misdemeanor.
HislOry: J95J (' 379.i J, }e;55 c 41 s J: 1986 c J~4
/~ .
~ lY)i >peakd. 1961 C 65J s 2]
1- 471.88 EXCEPTJO;\S.
. Subdivision I ,o\"l;r:lge. The go';c.nin~ body of any port authority. seaway pert
_ _ aUIhori~,n~mjc devclop;";'1Cnl 4l!.:lhorily. tow~. school c:s~;iCL hosi'it~j di~tr:,=t.
" courny. or ell\'. ov un;J.rllmOu~ vOle. rll2' CQnt:-act lor goodS or sern.:e~ WIt:; an 1:11;:;'"'
~_) csted officer oi th'" go\'e:'"':lr:lenc:al t:r:it l~ a:.-:-' cf the following cases.
~
~
~.
Subd. 2. B
dation in whie".
and as a sourer
:lny funds or Ii
in an)' bank or
gOvernmental l.
dance with cna;
jnte:est shall di
association, wh
e:nmcntal unit
is first desig~3:
or officer is el:~
interest and ne
Subd. 3. (
tion of official r
paper complyil
publication;
Subd. 4. (
which the Om(
Subd. 5. (
not requi-:ed b
Subd: 6. (
department fo
re:tirement bc:,
Subd.7.(
payment of co
. SuM. 8. [
Subd. 9. )
sioner or econ,
a firm engagec
ful for the ::!u
employe: pro\
r:al faciii.)', S2
SuM. J 0
missioner is e
exporting or ~
commissioner
aJfecting ship~
in the cete:>n
Subd. J 1
ing. port 2uth'
in m2.king 10
affected b;' an
such lozr.s ~~
close the natl:
kno',,,;lecge, \l.
Subd. I ~
wi:h t~e u:lit
C=~$ if the un
The office:- m
e:ning bocy l
SubC. L
471.84 CEMETERIES: .-\PPROPRgTlON BY CERTAIN StiBDMSIONS.
The governing body of any city of the four-.h class or stau:tory city or town may.
in its discretion. appropriate a S<lm not to o;cccd $2,500 per :mnu:n to any public or
privately owned ccmetery Joc,,-:ed within or without its bOl.:ncaries if the ce:neler-:' is
used for the burial of the dead of any city of the fourth class or statutO:] city or town
'without restriction.
Risto!')': 1951 c 121 s 1: 1953 c 281 s I; 195i c 451 s}; 19i3 c 123 art 5 s i
~.
4i1.85 PROPERTY TR3,,:,,\SfER.; PljBUC CORPORATIO:\S.
Any county. city. tovm. or school disu.;ct may transfer its p~SO:l:!..\ property for :i
nominal or without consideration to another public corporation for public use when
duly authorized by its governing booy.
History': 1951 c.Ji6 s I: 1973 c 123 arl 5 s 7
471.86 FIREFIGHTERS. PROTECTIO~; MOTOR VEHICLES, OPERA.TIO~,
LOSS FROM. ' '
Subdivision 1. Leg-.ll counsel, emplo~-ment. Every city, township, or other govCr:l-
me:lt2.1 subdi....ision of the state shall furnish legal counsel for any firenghter employed
by it upon the nrefighter's written request in 211 actions brought against such firefighter
to recover damages for injury to pe:"soD or proper::y, or for v,1'ongful death. when such
action arose OUI of the operation of a motor vehicle by such firefighter in tbe perfor-
mance of official duties, and p~y the expens~ oi defending such suit, including witness
:and reasonable counsel fees, notv,:ithstanding any cor:trarj' provision in the law 0, in
the chaner of any suc...~ governmental subdivision.
$ubd. 2. Judgment, ~yment authorized. If judgme~t is rendered in favor of the
fuefight~r, costs and disburscments induded Lierein shill be ~ssigned to such govern-
mental subdhisioD by the firefighter, and all money collected thereon shall be paid to
it. If judgment is re:1df:rcd against the firefighter, such governmental subcii\islon shall
appropriate money from any funds available to pay such judgment, or shall It....y fU:lCS
for the payment thereof pursu<l.'1t to law.
SuM. 3. Application. The obligation of this section shall not apply in any case
where such firefighter is fully indemnified against claims for such d:amages and for such
expenses by contract with anot.ber, and this section shall not be construed to waive any
existing immu:lity accorded by law to municipalities or governmental subdiyisior.s
from claims for damages sustained as L~e result of the negIigence ofits office:-s, agents
or servants in the exercise or performance of governmental or public functions.
Hi.<;tory': 1951 C 183 s J.3: J95i c 199! J; 1973 c 123 art 5 s 7; J977 c 429 s 63; 1936
c 444
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hc~sing (j.!1d
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l'-IOJ-07 -1 S::S 1 S: 2S
u::...:nJE: OF t'il'l C I TIES
~
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Mt):-.'ICIPAL RIGHTS. powERS. Dl:'J1ES .1';1.58
, "
Sebd, 2. Bank or S:l\'in"s :lssod;:,[ion. In the designation ofa b:mk or savines asso-
ciation in which the officer~is in\~~ested as an ~uthorized depository for public funds
and as a source of borrowing, no restriction shall apply to the d~;>osit or borrowing of
~ny funds or the d~signation of a cepository by such authority or gov:mmemal unit
In any bank or sa...ings association in which a member of an authority or officer of a
governmental unit shall have an interest if such deposited funds are protected in aCCor-
cance with chapter 118: provided. however, that any member or offic::r ha....ing such an
interest shall disclose that the member is a director or employee oftbe bank or sa....ings
association, which disclosure shall be entered upon the minutes of the authority or go.....
ernmenta] unit, such disciosure shall bo: made when such bank or s3'o;n;s :!Ssociation
is nrst designated :;.s a depositOry or as a soure~ of borrowing, or when such member
or officer is ekcted ....hichev::r is later and such disclosure shall scr,e as notic~ of such
interest <lonC ne~d not be mace with ~ach successive transaction;
Subd. 3. Offici:l1 nCWsp3.pi::r. The designation of an official newspape:. or publica.
tion of official matters the~cin. in which the"' officer is interested when it is the only news-
paper complying with S~:1.!U\Of}' or charter requirementS relating to the designation or
publiC2. tion;
Sut/d. 4. Coope~tiYe association. A contract with a cooperati....e association of
which the officer is a shareholder or stOckholder but not :l-Tt officer or manage.~
Subd. 5. Contract "ith 110 bids required. A contract fOi which competitive bids are i:;.,
not required by law, - '
Subd, 6. Cona-act ~ith "olunuer fire deoartrnent. A conttact vdth a volunteer fire
depanmem for th~ payment of compensation to its members or for the payment of
retirement benefits \0 these members;
Subd. i. Cont:r3ct with municipal band. A contnet with a municipal band for the
payment of compensation to its me:nbers;
Subd. 8. [Repezled, 1992 c 380 s S)
Subd. 9. Import., e;l..-port. ~de; port commissioner. Vinen a port authority commis-
sioner or economic development authoriry commissioner is engaged ill or employed by
a firm engaged in the business of importing or exportiIlg or general trade, it shall be law-
ful for the authority to do business with the commissioner or the commissioner's .~
employer PT0\1dcd that in the fixing of any rates affecting shippers oruse~ of the termi-
nal facility, said commissioner shall not vote thereon.
Subd. 10. Import., export, tr:lde; seaW3)' port. When a sezWJY port authorilY com-
missioner is engaged in or employed by a firm engaged in the business of i..nporJng or
exponing or gener.il traoe, il shall be la.,:,ful for the authority to do business with the
corr.~issioner or the commissioner's employe: provided that in the fixing of any t4tes
anecung shippers or users cfthe terminal facilitv said commissioner shall not take part
in the determination of, except to testify, nor ~~te thereon.
Subd. 11. Bank IO:1ns or trust ser;ices. When a commissioner of any public hous.
ing. port authority, or economic development authority is employed by a bank engaged
in making loans or pcrfoiming tn:.st ser.ices iovoh;ng real or personal property
afcctcd by any plan or such housing or port <:.U'thority, no restriction shall apply to any
such lo.!ns made or trust ser.'ices performed by said ba;1k if the commissioner sh~!1 dis-
close the n:l.ture of such loans or trJst services of which the commissio:le: h:;.s personal
bowled~e: \I.'hich disclosure shall be entered upon the minutes of such authority.
Subd. 12. Population of 1,000 OT less. A1) officer of a government unit may contr.!ct
with the uniIto provide construction materials or scr.:ices, or bOUl, by s:aled bid p:o- ) ,
c~ss if_th~ unit bs 3 population of 1.000 or less according to Lile las. fe~era] census, ! ~
Tr.e OffiCG may not vote on the qutstion or.he cent:act when it comes belOie the go...-
erniflg body for considc::nion.
Subd. 13, RenL A public officer jT.:!y ren\ s;nce in a public !;)ciii:y at 3 iate cem-
mtflsur:Hc with that paid by other members of th;,; public.
Subd, 14. Housing and redevelopment aUIho.it)'. When a counry or multicounty
hQl,;sing <:nd rede....dopmc;'l: authority administers a loan or g:ant prog;:!~ for individ-
;3.
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P.03/08
HistOI)': ]961 c 65/ s 1: 1965 c 806 s 1.4; ]969 c 26 s 1: 19i3 c 123 art 5 s 7: 19ii
c 55 s 1-3,' 1978 c 651 s I; 19i9 c 20 s 1: 1986 c 399 an 2 s 38.40: ]986 c 400 s 38.40:
1986 c 444; 1Sp1986 c 3 arl 2 s 4J: 1991 c 65 s 1.2; 1992 c 380s 7: 1992 c 522 s 42,43;
1993 c 224 art 9 s 43 '
. ~XCEPTI0NS; APPLICATION. . -
n)--- / . The exceptIons provided in section 471.88 shall apply notwit.'l$t:1.ndi:lg the provi-
\ 'f., SlOns of any other statute or city chaner.
\ \ HistDr\': 1967 C 18 s 1 ---
\ ' .
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.
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LEAGUE OF !'IN CITIES . .. ... .. .' ..... . P.04/0'
17...'-.....r"Ilr'."~~~',',,!
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to,I-07-1996
15:29
-...._~~-..-.>.;.,,~..............._-' "''I' i
471.&8 ML':\'ICIPAL RIGHTS. POWERS. Dl:T1ES
J22~
ual residential propeny Owncrs within the geographiCll bound3ries of a government
unit by an agreement entered into by the government unit a.Ttd the housing and redevc:l-
opmenL authority, an officer of the government unit :nay apply for a loan or grant from
the housing and redevelopment 2Ulhonty. Ii an officer applies for a loan or grant, the
officer must disclose as pan of the official minutes of a public meeting of the govern-
mental unit that the omcer has applied for a loan or g;ant.
Subd. 15. Fr:l.nchise agreement. When a home rule charter or statutory city and a
utility enter into a franchise agreement or a contnC1 for the provision ofutiliry services
to the Cil)',' a ~ity councii member who is an employee of the utility is nol preclud.ed
from conunumg to servo:: as a city council member durinS the term of the franc~lse
agreement or contract iflhe council member absYtins from vou.'1g on any offiCIal act10n
reIating to the franchise agreement or comract and discloses the mCJ:1ber's reason for
the abstention in the official minutes of the council meeting.
Subd. 16. SChool district. ~otwithstanding subdivision 5, a school board mc::Jber
may be newly employed or may continue to be employed by a school district as an
employee only if there is a reasonable expectation at the beginning of the fisC21 year or
at the time the contract is entered into or extended that the amount to be ~med by
that officer under that coo tract or employment relationship will not exceed $5,000 in
that fiscal year. Notwiths:~ding section 125.12 or 125.17 or other law, if tbe officer
does not receive unanimous approval to continue in e:nployment at a meeting a1 which
all board members are nresent that employment is immediately terminated a.11c that
office: h::s no funner rig:m to ~rnployment 'while serving as z school board member in
the dlsmCL
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471.89 CONlR..~cr, WHEN YOID.
Subdivision 1. Procerlure followed. A cont.-act made pursuant to section 471.88.
subdivision 5, is void unless the procedure prescribed by subdivisio01S 2 and 3 is fol-
lowed,
S.ubd. 2, .Resolution by governing body. Except in an cmergencymiling suchproce-
dure Lm~ractlcable. the governing body of the governmenul urnt shall authonze t?e
contl4ctln advance of its performance by adopting a resolution setting out the essentIal
f2.cts and det~rmining that the cootract price is as low as or lowe:than the price at which
the commodny or services could be obtained elsewhere. In ~se ofan em agency when
t~e contrac~ cannOI be authorized in advance, p2yme:Jt of the elaims shall be authO-
nzed by a hke resolution in which the facts of the e:nergency are also stated.
Subd. 3. Cbims, affidzyits filed. Before such a cb.im is paid, the int~:e$~ed office:
shall file with the clerk ofth~ governing body an affidavit stating:
(a) The namc of the omc~r 3:1d the office held by the office::
(b) An itemization of the commodity or se~ict$ fUITlish~d;
(c) The contract price;
(d) The reasonabl-:: value; ,
(e) The interest of the officer in the contract; and
(f) That to the bcst oi th:: officer's bowled~e and beJie[toC eontrac! price is:!os 10'.....
as; or low~r than, the pric:: :11 whjc~ t~e commodity or services could be ob:ained from
Olner sources.
Histor:r: 195 J c 379 ( 3. 1965 c 45 s 64.66: 1967 c 125 s 1.2: 19i8 (651 s 2.3. 1986
c 444
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1225
471.895 CER
Subdivisic
tion.
(b) ~Gifi~
(c) "Inter.
tion that has a
to make.
(d) ~LOC:i
an agency, aut
Subd. 2. I
to give a gift te
pcrson.
Subd. 3. E
(1) a cont
(2) service
not limited "[0 r
nection Wilh le
(3) se:"vic(
(4) a placl'
cialry or to a c
(5) a trink
(6) inform
(7) food 0:
cnt's place of v
speech or ans..-.:
('0) The PI'
(1) becaus:
bers are not loc
group; 0:-
(2) by an i.
the: gift is giver;
Historj': 1 ~
471.90 ST A Tl.
Subdivisio;
e:ning body ar.
thereon and eQt
may, for a nomi
in the re:ll est:.
Subd. 2. C,
its goveming be
Subd. 3. 51
;:ssume and sh::.:
city in the joint '
tion of ~id hos
Hisrory: 19,
4il.91 AIR TF
The gover:1
the first class i$. :
engaged in C:lrTI
lisbr;;ent oian;
conciliar.$. 2$ ~
HOU-CI7-1':?SS 1S::::;0
LEHGUE OF 1'1~1 C I TIES
1225
JI.1L:,"1C1PA!. RlCHTS. POWER$. DLTIES 471.91
,
471.895 CERTAIl'\ GIITS BY r,;n:RESTED PERSO~'S PROHIBITED.
SubCivision 1. Definitions. (a) The deiinitions in this subdivisiob apply 10 this sec-
tIon.
(b) "Gift- h<ls the meaning gi\'en il in se::!ion 10A071, subdi.....ision I.
(c) "h"ltereSled person- me"n$.. person or a represe:1tative ofa pe:son or associa-
tion thai has a direct financial interest in .. decision Ihat a local ofiic~al is authorized
to m.2.ke.
(d) "Local officialM means 3:J elected Or appoinled offici21 of a county or city or of
:1:1 aE=ncy. authority, or instTl.lmem~Jity of \l counly or city.
Subc!. 2. Prohibition. An interested person may not give a gift or request another
to give a gift to il local official. A local official may nOI accept a gif, from an intereSled
person.
Subd. 3. Exceptions. (a) The prOhibitions in this section do not apply if the gift is:
(I) a contribution as defined in section 211..\.01, subdivision 5;
(2) se:-'dces to assist an official in ,he performance of official duties, including but
not limited to pro\.iding advice, consultation, information, and communication in con-
nection with legislation, and services 10 constituents;
(3) services of insig..,iiicant monetary value;
(~) a plague: or similar memento recognizing individual services in a field of Spt-
ciaity or to :: charitable cause;
(5) a trink.=t Or memento of insignificant value;
(6) informational material of unexceptional value; or
(i) food or a beverage given at a reception, meal, or meeting away from the recipi-
em's place of work by an organizztion before whom l.iJe recipient appears to make a
speech or answer qucstions as part of a program.
(b) The prohibitions in this section do not apply if tbe gift is given:
(I) because of the recipient's membership in a group, 2 majority of whose mem-
bers are not I0C31 officials, 3::!d all equivalelll gift is given to the othe~ members of tbe
group; or
(2) by an interested person who is a member of the family of the recipient, udess
the gift is given on behalf of someon~ who is not a membe: of that family.
History: 1994 c 377 s 6
471.90 STATVTORY CmES, HOSPIT..u.; TR.\.:"iSFER TO COUl\TY.
Subdi....ision L Authori7~tion. When duly authoriz.ed by unanimous vote of its gO\"
erning body any statutory city owning real estate and a hospital building siruated
thereon and equipment jointly with the COUnty in which said StatUtory city is !oc:ned,
may, for a nominal considtratiOD Or without consideration, transfer its title and interest
in tbe real eSL.3.!e, hospital building, and equipmem to s;aid county.
Subd. 2. Count)' m:l)' accept. Said county, when authorized by a majority vote of
its go\'e.-ning body, may accept such grant and cOilveyz.i)Ce.
Subd. 3. Sututor:r ciry oblig:1tions not assumed by count}'. Such county does nOI
:,ssume and sh;alJ not be liable for ~y part of the oblig:nions incurred by said statutory
city in the joint enterprise of the st:nutory ci1y and county in the cons,ruc,ion or opera.
tion of said hospital.
History: 1951 c 497 s 1-5: /97.3 c J23 crt 5 s i
471.91 AIR TR~ YEL ACCOl'NTS.
The goveming body of any city of the first cl;ass Or an:-' county containing a city of
the first class is authorized 10 enter inlo a contract with any airline company regularly
e::!g2.ged in c,,-r:-ying passe:1ge:s on schedule tiights in inte:s!:lte COmmerce for the estab-
lishment of an ~ir t;-avel aCCOunt for any SI.:.:h city or cOl.:n:y, subject to such te:ms .!nd
conditiop.s as may be nc:c::ssary ;;nd proper to fa.:iIit:?le air tr3vel by the officers and
P.05/08
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'~;'~f;:{Y i;'/:"!i\,;~, '", '; ., /. ;;,~ ~. '!;;;';l'~i~ ."-',~~!}o;Fy~;fk~~i.;~:
.' '; '" conflict~Xj~t~I:e~{iii~~liiht~":}.~.
. :.. ;~';~ ';;';': :.;. ..~..;~::.~:;.;~.~:.:~:j.i;.~l{;;;\~1~\::jil.~~;;{:{~~;.;i;~~:;:r:\;'~~-'.'.~': ..
1. What is a conflict of interest? ':;'::':':-;;.: i;:r.;'::;;'; :~'.':-;,,'
...
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A conflict of interest occurs when an indi~idual has a personal interest
in a decision that he or she has the power to make. A prohibited
personal interes'i may be' contractuafor'non~coritractual. It includes
; . . d~~is}~~~. in ~hic~ p~~s~~a.l. iJ.1vp~~~~~~~!.ga~.~,.or fmancial benefit exist
. for the decision-maker. The following elements must be considered:
":,:; :,",'11; :~:: \::':;":: :~~.:;n"7?:..n.:~. ~";.':. i:;_:";~;:j1~:.~ t' d.:r~.r 7:.':'.:~iZ;:_:':.I:-:'...'.
. .. ..-.... Contractc;. Public..officers may NO.T have a personal financial
. ..... .. ... , ...' _"~."., .... J....,_ 1,... ........ ._, . .
'" 'interest ir~' ~is~le, lease! ,?r contr~ct~at they Cl!e autho~zed to
.... ..: :--:-;:~: '; "'f :;i":'.";:,::.':-make.in their official ~apacitie~.: Cou~c~lri)embers of home' rule :
. . .. . ..: ~ J " .- :.' .. ~ , .". .. . . -', 1': ',' . '- . . . '.
'. .. :~:'r:ht..,!: "~.".l'. ... . charter cities: should cor{~!llt th.eir3:.ity charters for additional .
-,' ..
'_ "1,:.. .
.....:":~. :.<,. "":.~ '...; ....
.', -, -;e'
. ~ .... ~',-.. . .
.. . .' .
';.:: F:;'::>:.~~;. .;.
.... ,:...::'<:..~~/::~~:'"
,',.'. .
. .- ::.'. . t:.> ~.: Self-in'ter~5t iri'"Jion;cohtrad matte~rs:'S.oz.rietimes,"~lect~~. ":~:... .
.~~ T~~
'. '....;..: .~:::':',.:?}~;_::,.- ~U._"-:i'::'::"::"_',~~,:,,":,;_~:,~..,'<:.. . "._. I . _~ay _~clude such.thIngs _as ~o~ncl~.dec~s~o~_ OD. ~q.nmg, local'~:::":.'_;"::::__:t..::-:.~~.. : :-
. ... .:~:'~ ::-~::~7;f,::~~,<,>:','/::,\:;'~-.:C-t.:;. . .:: ..'"'li1iprov~~~~~'~d tlie"is's~;m'ce:'ofiiceriS~s:Aifu'6ugkric;{~~~:~,~~~::";h~~~:.:-f;:' :.~.~. ~ ~:.; ~.~
. ': .... ~ .:'.:' -'<. ". ,.' "".~" . '~~',;~:~': ~.;~~; ';.~ 't >~~::~ ;;~~ geii4i~y;p~o~i~f.t~'~::~~!{u#~f-e~J~1?.irrTh~~~~~t~_~9.'&ld ~j!'~'~Si;:i~(':: _ <:<~~~ .' ~: --~
. ". ~;. , "'.' . '. '" ~. . .' '. abstain froni 'p'articip~iirifin _the' counci~ disCussion' and from :<~~y' ; ~'.' .. :.' -..' . ~
,<; . . . "i:<":,';,, ,:, ....,... ". .,....:~:,~j14~j~iri~~~.t..;0;i~,Ji~}U}j~\",T"l::.,\.;'s:;;'(',. .' :.... .
-:'. . J'.
,..;,.:.;~;'~?~.._..,',:: . .' 2. Who is subj~ct ~o'the'con~~~~ ~finterest l~":for contracts?.
:;.. ::' '..: ,,~!,.y.;-.;:,i."'." :'.:' All public'officers wh~ have the: authority to i*~'part in making 'any
. '. _. sale, lease, or'contract in their official c:apacityare subject to the conflict
.";'~:.~:"! ~;. ".; .... .- . '. .-- ',,,,:,' . -.:.....,.. .............~ ._.,. ;.1.-' .,......._.!.. r, ':..' .', ;". .
. .... '. . : of iriterest Iaw:A "p'ublic officer" certainly includes councilmembers. In
.' .' ~q~~ .ci~cums.tances, it .IT.1ay. al~?i!1cIude' .f!.<?.n-e1ec.te9 officers and
. employees who ar~. able to influence the. d.ecision orto make
recommendations.
'I '.
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. .! " .
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3. 'What are some common exceptions to conflicts of interest in
contracts?
.
The statute generally prohibits conflicts of interest. However, there are
several exceptions to the law. The following exceptions are pemlitted
under certain circumstances:
.. Designation of a bank or savings association;
+ Designation of an official newspaper;
* A contract that is not required to be competitively bid;
+ A contract with a volunteer fire department for payment of
wages or retirement benefits to its members;
+ A contract for construction materials or services, if the contract
is let by a sealed bid process and the city has a population of
1,0000rless;
+ A contract to rent space in a public facility to a public officer at
a rate similar to that paid by other renters;
. An application for a grant offered by a county or multi-county
housing and redevelopment authority (HRA).
There are several other less common exceptions. See the research memo
Official Conflict of Interest (LMC 140a.3) for a more complete
discussion.
.
{OJ
4. Is there any special procedure to use if a contract is permitted
under one of the exceptions?
If a contract with an official is permitted under one of the exceptions in
the law, the council must do the following:
.. The council must approve the contract by unaJ1imous vote; and,
+ The interested officer should abstain from voting on the matter.
There are additional requirements for some of the exceptions. See the
research memo Official Conflict of Interest (LMC 140a.3) for a more
complete discussion.
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5. \Vho is subject to the law regarding incompatibility of offices?
All persons in elected offices must be aware of this law. In addition,
many city employees and appointed officials may have to consider this
law if taking a position that may conflict with their other city
responsibilities.
6. \Vhen are offices incompatible?
Generally, positions are incompatible when one or more of the
following conditions exist:
. If one position:
hires or appoints the other;
perfonns functions that are inconsistent with the other;
makes contracts with the other; or,
approves the official bond of the other.
. If a specific statute or charter provision:
-- states that one person may not hold two or more specific
positions; .
requires that the officer may not take another position; or,
-- requires that the officer" devote full time to the posi tion.
. If one of the positions:
-- is in the federal service (except for postal employees);
-- exists because of a contract made by the group or board of
which the officer is a member;
-- is in a governmental unit that has interests and purposes
conflicting with those of the group to which the other belongs;
-- has duties that conflict with those of the other.
7. \Yhat are common problems in applying the laws?
Most questions seem to come from situations involving a non-contr.Jct
interest of a councilmember. These are some of the more common
situations:
~ Self-a!J!Jointment. City officials may NOT appoint thcmsch cs to a
position.
III
. Contracts with relatives of a councilmember.. Generally, a
contract with a councilmember's relative is not prohibited unless
the councilmember has a financial interest in the relative's busi ness
or the relative's income.
.
Zoning of a conncilmember's land.. Generally, a city council is
not prohibited from rezoning property owned by a councilmember.
However, the councilmember must not participate in the council
deliberation and voting.
.
Local improvement.s.. A council member is probably not prohibited
from petitioning for an improvement that will benefit his or her
property. However, the councilmember should abstai~ from voting
on the matter.
.
IssuinQ licenses to counciImembers. Althou~h the law is unclear
- .' . - '
a council member applying for a license should not take part in the
council's decision on the license application.
8. What happens if the city doesn't follow the conflict of interest
laws?
(8)
. Contracts. Any contract that has been made illegally is void. In
addition, every public officer who violates the conflict of interest
law can be found gUIlty of a gross misdemeanor, be fined up to
$3,000, and imprisoned for up to one year.
+ Incompatible office~. If a public officer accepts a position that is
incompatible with his or her office, the first office is automatically
vacated.
. Non-contract situation!l. Although the outcomes of these types of
situations are less clear, a council decision could be reversed. There
is also the potential of personal liability for the officials who are
involved. See the research memo Official Conflict of Interest (LMC
140a.3) for a more complete discussion.
~
-a-
9. Where can cities get further information?
The League of Minnesota Cities has several publications that discuss
issues related to conflicts of interest in more detail. Call the League's
Research Department for further infomlation, (612) 281-1200 or (800)
925-1122.
iv
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Tim Old, Chair
Kathy Czar
Steve Keister
City of Stillwater
CHARTER COMMISSION
~
'.lO..MARCH:1998d~~.:~:;.;._.;<".'. ',' .,;..IYt~ s I 19 7 ~
: :,;'. :,..',l~f~E(~r~?5.tr<'~" , '", .
STILLW ^TERcr1i~toiJNcii . . , .
'2J6J!.9gtItfg~1ij~~:f_::,:'.:.. , . .
STILLW^l'ER.~5Qg.-l';j,~..: ...~~", .
:::;::!.:~~:<:.~t.~~~~it~m-~~~~~;~...:.~::~' .., , :.:.> ':.~,':
DEAR MA~'9R.'ANDA~UJ.:(OUNClI:". r . ~
,}~,,':>'ii~~;~afi:~i.J~~~;.:;:-:: ': ,',,'" " '. . ' .: _ I . .
RE::REQUESTED;CmiFA1<mcHAl-jGES . ';.'. .,:';".' :,:'/"'..'
:. ,~: ::::~= ~~~tft~~::~~~~1~f.;~;', ;~.: ~,,:-. . . -:'-,',~ " , :. ' "';' :'" '." :_,'. '. .
: :,i' :dNE-OF}rHE~.aJRRENEPROJECTS O~ THE Cln- OF STILL WATER CHARTER .
CQMMiSQoitHl5;BEE?fi4 D~oPMENT Of A PROPOSElYcHARrER /."':.-. , '
"~"I'."'"",""'''''':-..:'..:--''''-..:-'''''' ..... ._ J.. . .... " .
AMENDMENTWHIOIDEFINES,LIMITS -1ND PENALIZES CONFLIO"S OF;
INTEEEsTF9RP'{jBtIC 6FEI~ AND PUB~IC EMPLOYEES: ENQOsED You
,WILVFn~lJ):AtoptbF omfPROPOSED AMENDMENT ,AND DEFIN'ITIONS IN
oiIDI1'jA~ci: FORMAT'-":' , . -. ,
.' .' .:,AS A COMMISSION WE H'A ~iE WRESTLED W IIH A METHOD OF
ADMINiSTRATION AND E:'\j1=ORCEM&'U OF THE PROVISfONS OF THIS
AMENDMEl'ff.' WE HA VE SIDLED O!'{ THE FOf.MA TION BY ORDINANCE OF A
BOARD OF ETHICS WHICH WE PROPOSE TO BE FOR;\'fED BY THE CHAIRS OF ALL
CITY COMMISSIONS .~!'m BOARDS, THiS .r.{).~RD OF ETHICS WOULD CO;-{VE:\E
ONL Y IN THE RARE EVE!':T OF PUBLIC COMPL.~ JST OF A CONFLICt" OF
F\TEREST OR UPON OCC.~SiON OF :\DnSORr DECiSiONS FOR PUBLIC OFFICERS
OR PUBLIC EMPLOHES WHO WISH TO f~:'O\r iF THEiR i\TERESTS ;\.r.~ Y BE 1\'
CO:\FLICT WITH THE PUBLIC GOon. THE fEEDBAG': \(."E HA VE RECEi VED
FRO,vf THE BOARD AND COM?vfI55IOt\ CH.-\IR$ H.:..5 BEE\ POSITIVE.
WE ARE REOUESTIXG TH.1 T THE FIRST f:E.H,lf\'C OF THE PROPOSED
ORDI!'i.1.NCE BE PLACED 0:-: THE CITY cor:-:C1L .J.GE\fl.-\, WE APPF:ECf ,; TE
YOl:R CO~SJDERATIO~ :\~'iDT1~fE .'\!\'D ASh TH.H rot. ADOPT-THiS
OROP'i:\!\CE FOR TH!~ CH:\RTER ."'::\'lPW:\I!=:\,
Howard Lieberman
. Lau.rie ill aher
,~.
Nan.cy Purcell
lv/ar)' Ruch
Richard Slicik
Don. ~ algi/,:,
REGARDS,
rf'r1nr )LD 'H 'R "'-""~"-I'l';-'-;--"(."'~'~"""'c'()'r'rr"'('"
~/ :.:'-l'i~:';l"~~."-"'"'' .n.',".. 0'. ." :'. ", -'.'
~5CRE 1
U:. \" I L E f..:P. I E,S EL. .'d CiEi..! I\'EU)P'\
I
t.
ORDINANCE NO.
AN ORDINANCE AMENDING THE ST1LL WATER 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
97.09,97.10 and S7.11 that will read as follows:
"7.09 Public officers, public employees, interest in contract; penalty.
a) Any public officer or public employee who is authorized in their official
capacity to take part in any manner in making any sale, lease or contract
decision mav not voluntarily have a personal fmancial interest in that sale.
J . . -. .
lease or contract decision or personally benefit therefrom.
b) A public officer or public employee who is found to have knowingly violated
this provision is guilty 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 authorized in their official
capacity to take part in any manner in making any permit, license, or zoning
decision may not voluntarily have a personal fmancial interest in that permit,
license or zoning decision or personally benefit therefrom. The existence of a
personal financial interest or benefit is, in all instances, a conflict of interest.
b) Except as otherwise provided by law, every public officer or public employee
must fully disclose all material information pertaining to potential cont1icts of
interest as they arise and must in all instances recuse themselves from
participating in any discussion or decision on the matter under consideration.
c) The City Council within sixty (60) days after the effective date of S 7.10, must
establish by Ordinance a Board of Ethics to administer and enforce the conniet of
interest and financial disclosure provisions of the Charter. The Ordinance must. at
a minimum, include the following provisions:
I
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Notwithstanding any City Ordinance that limits citizens from
serving on more than one board or commission, the Board of
Ethics must include the Chairs of all City boards and commissions;
Insofar as permissible under State law, the Board must have the
authority to issue, upon request of any interested party, binding
advisory opinions concerning ethical and financial disclosure
matters;
The Board must have authority to conduct investigations of
J -
conflict of interest and financial disclosure, on its 0\"11 initiative or
upon complaint, and may refer cases for prosecution and hire
independent counsel if they deem necessary;
Any Board of Ethics 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
A provision providing substantive and procedural Due Process to
persons being investigated.
2)
3)
4)
5)
d) The City Council must appropriate sufficient funds to enable the
Board of Ethics to perform the duties assigned to it.
e)A compliant alleging a violation of 97.09 or 97.10 may be made
to the Board of Ethics by any citizen of Stilhvater or other
interested party. A public officer or public employee \vho becomes
aware of a violation of these sections must report the vio lation to
the Board of Ethics.
f) The Board of Ethics must conduct an investigation and report its
findings to the City Council at a public meeting \vithin thiny (30)
dJYs of receiving a compbint.
g) A finding by the Board of Ethics that a public officer has
knowingly viobted S7.09 or S7.l 0 is grounds for removal from
office.
h) A finding by the Board of Ethics that a public employee has
know'ingly viobtd 97.09 or 97. 10 is grounds for termination or
discipline under the terms and conditions of their employmt:nt
contrJct.
i) Any permit. license or zoning decision promulg:.J.ted or otherwise
entered into in viobtion of this section is null and void,
1998.
7.11 Definitions.
a) "Public Officer" means an executive or administrative 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 acting for the City of
Stillwater or any subdivision, agency or commission thereof for the purpose of
exercising their respective powers and performing their respective duties, and 'vvho
is not a public officer.
c) Any person who has been elected, appointed or othervvise designated as a
public officer or public employee is deemed, for all purposes of Sections 7.09,
7.10 and 7.11, such officer or employee although the person has not yet qualified
therefor or entered upon the duties thereof."
Enacted by unanimous vote of the City Council this _ day of
CITY OF STILL WATER
Jav L. Kimble, Its Mavor
. .
ATTEST:
Modi Weldon, Its Clerk
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Proposed Conflict of Interest Charter Amendment
Background:
Until the Charter was revised in 1986, it contained a provision that prohibited elected or
appointed officials and city employees from having "an interest, directly or indirectly, in any
contract or job for work or materials, or'the profits thereof, or services to be furnished or
performed for the City."
The current Charter is silent on the issue of conflict of interest
State Law
Minnesota Statutes 471.87 PUBliC OFFICERS, INFEREST IN CONTRACTS
Except as authorized in section 471.88, a public officer who is authorized to take part in any
manner in making any sale, lease, or contract in official capacity shall not voluntarily have a
personal financial interest in that sale, lease or contract or personally benefit financially
therefrom Every public officer who violates this provision is guilty of a gross misdemeanor.
This section of Minnesota Statutes applies to public officers in Stillwater. It covers sales, leases
or contracts made by the City. It does not apply to permits, licenses or zoning decisions.
. Proposed Amendment
The Charter Commission is proposing that the City add an amendment to the Charter to establish
a clear policy on conflicts of interest and a means of deciding when a conflict exists and what
should be done to remedy the situation.
The proposed amendment references the prohibition on conflicts of interest in contracts that is
included in state law. It also extends the prohibition to conflicts of interest in permits, licenses
and zoning decisions.
Rationale
The Charter should be amended to articulate a clear policy on conflicts of interest.
In its landmark decision on campaign finance, Buckley v. Valleo, the Supreme Court said that the
government should regulate campaign contributions and expenditures to avoid "corruption or the
appearance of corruption." The Court recognized in Buckley that the perception on the part of
the citizens that something was wrong could be as hannful to public's trust in government as a
real violation of the law.
.
The City of Stillwater needs to have a clearly articulated policy on conflicts of interest to ensure.
that decisions made by public officials are based solely on their determination of what is best for
the Ci ty. But just as important, the City's conflict of interest policy and enforcement process
will reassure citizens that the City's decisions are being made objectively. The proposed Charter .
amendment will deal with both "corruption and the appearance of corruption."
The conflict of interest amendment should be comprehensive
State law is very clear on conflicts of interest in decisions on sales, leases and contracts. State
law provides criminal penalties for violations of 471.81. However, many City decisions on
permits, licenses and zoning have a significant impact on Stillwater residents. The Charter
should make sure these decisions are being made objectively.
The City should establish a means of determining when a conflict exits and how to respond.
A "toothless" policy on conflicts of interest would do more harm than good by fueling public
cynicism about government. The Charter Commission is proposing the enforcement mechanism
recommended by the National Civic ~oue in its Model City Charter (Seventh Edition).
How the process would work
The City would establish a Board of Ethics to administer and enforce the conflict of interest
provision. The Board would available to advise pu~lic officials about whether a conflict of
interest existed and to respond to complaints. .
Advice given by the Board to a public official would be "binding." That means that if the .
Board said, based on the infonnation provided by the official, no conflict of interest existed, the
public official could rely on that decision. If a decision became a political issue at a latter date,
the official would have the Board's opinion as a strong defense against public criticism.
Any citizen could bring a complaint under the Charter. The Board woUld conduct a
preliminary investigation within 30 days.. In most cases, this process would be very informal.
However, if the conflict of interest involved a serious viol3:tion of state law or the Charter, the
Board could refer the matter to the City Attorney or another legal authority.
Who will serve on the Board
The Charter Commission is proposing that the Chairs of existing City commissions serve as
the Board of Ethics. Because the Board would only convene to respond to a request for an
advisory opinion or a complaint, it would be inefficient to create another standing commission.
Moreover, the Chairs of the City's commissions have experience with the workings of the City.
They have demonstrated by their willingness to volunteer that they are concerned about the City.
Their election as Chair of their commission shows that they have earned the respect of the
volunteers who serve with them.
'\Vill the Board be overwhelmed by complaints and requests for advice?
It is unlikely that the Board will be inundated with frivolous complaints from citizens or .
requests for advice from officials. If the 'creation of a Board of Ethics prompts a flood of
complaints and requests for advice, it would indicate a much more serious problem with real or
imagined conflicts of interest than the Charter Commission has envisioned.
CIty ob
g tiQQwate/l, u\Ahulegota
cP /lOcQamation
ARSON AWARENESS WEEK
WHEREAS, the malicious act of setting fire to buildings and property, known as arson, is one
of the nation's most devastating crimes in terms of financial and personal loss; and
WHEREAS, in a typical year in the United States more than 500 people are killed and almost $2
billion worth of property is destroyed due to arson; and
WHEREAS, annually in Minnesota, countless people are killed or injured and over a million
dollars worth of property is destroyed due to arson; and
WHEREAS, removing the threat of arson from homes and businesses is a top priority of
Stillwater fire and law enforcement investigative agencies, the insurance industry, and the
community at large; and
.
WHEREAS, special recognition is due for the efforts of the tens of thousands of men and
women, both volunt~er and career, in the fire and law enforcement investigative agencies, for
their dedication and professionalism in apprehending those guilty of the crime of arson; and
WHEREAS, as a community, we should all dedicate ourselves to arson prevention efforts in
order to reduce the incidence of arson in our neighborhoods and our businesses; and
WHEREAS, working together we can build a community-based coalition to support the efforts
of public safety officials to control and prevent this terrible crime.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of
Stillwater do hereby proclaim the week of May 3 through May 9, 1998, as ARSON
AWARENESS WEEK in Stillwater and encourage all citizens to learn more about the
tremendous toll arson takes on our community and our nation, and to commit themselves to
prevention efforts.
IN TESTIMONY WHEREOF, the Mayor of the City of Stillwater has hereunto subscribed his
name and has caused the Official Seal of the City to be hereunto affixed in the City of Stillwater
on this 5th day of May, 1998.
vUayolt
.
.
.
.
MEMORANDUM
May 1, 1998
TO:
Mayor and City Council
/
Klayton H. Eckles 11 &
City Engineer r
FROM:
SUBJECT:
Request by Tom Hubman for Reimbursement on Hydrant Installation
DISCUSSION:
Attached is letter from Tom Hubman requesting that the City consider
compensating him for the cost for installing a hydrant near his property. Also attached is
a response from the Water Board.
.
According the Mr. Hubman's letter, he spent $6,345.00 on a hydrant. This
amount seems extremely high. The City normally installs a hydrant and valve for
approximately $2,200.00 - $2,800.00. It is my understanding that the Water Board
discussed this issue with Mr. Hubman and agreed to pay for a portion of the cost ofthe
hydrant. Also according to the Water Board it is the case that homes do pay for hydrants
where necessary. In fact, a typical water assessment includes the cost of hydrants. It
appears likely that Mr. Hubman either paid more than the standard rate for this hydrant,
or the contractor did significantly more work such as installed the water service and/or
the sewer service for the property. It also appears that this property has not paid any
water assessment, so if there are additional costs associated with providing water to the
property it is appropriate that the owner pay for the additional costs. This issue does not
appear to be a City issue.
RECOMMENDATION:
Staff recommends that Council take no action on this issue other than to direct
Mr. Hubman to discuss this issue further with the Water Board if he feels that the
assistance the Water Board provided for the hydrant was not sufficient.
ACTION REOUIRED:
No action is required at this time.
.
BOARD OF WATER COMMISSIONERS
204 North Third Street
P.O. Box 242
Stillwater, MN 55082-0242
Phone: 612-439-6231 . FAX: 612-439-4061
.
J..PRIL 30, 1998
KiA YTON ECKLES
CITY ENGINEER
2164THSTN
STILLWATERMN 55082
RE: LETTER FROM THOMAS HUBMAN.
DEAR KLA YTON,
WHEN MR. HUBMAN STARTED CONSTRUCTION OF HIS HOMES ON NORm
GREELEY STREET HE WAS INFORMED THAT A FIRE HYDRA1'IT WOULD BE
REQUIRED IN ORDER TO FLUSH TIIE SYSTEM AND GIVE HiS HOMES FRESH
WATER. TIlE WATER MAIN THAT HE WAS TAPPING INTO HAD BEEN SITTING
WITIIOur USE FOR SOME TIME, AS IT IS A DEAD END MAIN AND NO ONE HAD
USED ANY WATER SINCE IT WAS INSTAllED.
NOTIIING WAS SAID BY MR. HUBMAN AT THAT 'ITIviE THAT I A.t\1 A W PuYlli OF.
.
AFTER CONS1RUCTION WAS COMPLETED, MR HUBMAN CMvIE TO THE
FEBRUARY 12, 1998 BOARD OF WATER COMMISSIONERS MEETING REQUESTING
ASSISTANCE IN THE PAYING FOR THIS HYDRANT.
AFTER MUCH DISCUSSION, TIffi WATER BOARD V01ED TO REIMBURSE MR.
HUBMAN $1000.00 FOR TIffi INSTAllATION OF TIllS HYDRANT AS IT BENEFITS
Born illS HOMES AND THE WATER DEPARTMENT.
WHEN MR.. HUBMAN LEFT THIS MEETING HE SAID HE VIAS PLEASED WITH TIllS
REI1v1BURSEMENT.
AFTER READING THE LETTER MR. HUBMAN SENT TO YOU I FIND TI-ffi CHARGE
OF $6345.00 TO BE VERY IllGH FOR ONE FIRE HYDRANT AND AM QUESTIONING
WHETHER OR NOT TIllS ALSO INCLUDES THE INSTALLATION OF SEWER AND
WATER SERVICES INTO illS TWO HOMES.
IF YOU NEED ANY MORE INFORMATION PLEASE CALL ME.
SINCEREL Y, ..
~ I . ,-----
cyL~71~~
JIM: MCKNIGHf
.
.
April 20, 1998
TO: Mayor Kimble and the Stillwater City Council
My name is Tom Hubman. On December 1, 1997, we commenced building a new twin
home at 506 and 512 North Greeley Street.
After construction started, the Water Department had the sewer Contractor install a new
hydrant approximately 60 feet from an existing hydrant across the street.
The Water Department states the main function of the new hydrant is to flush the water
main, which is reasonable. The two homes closest to our building say that their water has
improved.
The Water Board refunded the Contractor $1,000.00, which is a very small part of the
$6345.00 cost of the hydrant. Which, by the way, is the only hydrant in this City which
is charged to the homeowner.
.
.
My request to the City Council is to consider compensating me for the rest of said
hydrant which I paid at closing (less the $1,000.00 refunded the Contractor) a total of
$5,345.00.
The hydrant was installed by Polneou Contracting Company from Andover, MN. Their
telephone number is 434-4100.
Sincerely,
Tom Hubman
.
.
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 98-115
A.T.O.M. Training
Accountemps Sally
Action Rental Space Rental
Amdahl, Chris Service Call
Amoco Gasoline
Ankeny Kell Professional Services
Aspen Mills Uniforms
B.S.S.1. Spanish Class
Beberg , Don Meals
Board of Water Stillwater WAC
Brimeyer Rec. Services Police Chief
Brookman Motors 1998 Dodge Van
Bryan Rock Rock for streets
CarQuest vehicle parts/repairs
Catco Part Repairs
Chemsearch Weed Killer
Chial, Deb Website Graphics
Clarey's Helmets
Clog Unbogger Eagle Ridge Sewer Pipe
Construction Bulletin 1 st Street
Continental Business Oil Cleaner
Deblon, Diane Mileage to Training
Desch, Mark, Gloria Lease/Maintenance
Emergency App Repairs
ES Inc Supplies
Express Photo 3-98 Processing
Gateway 2000 Modem kit
GEO W. Olson Sports Complex
Global Center Internet E-Mail
Gordon Iron & Metal Supplies
Greeder Electric Siren Service
H + C Cleaning Cleaning Service
Harvard Business School Pub Corp Perf Coli
Holman, Rose Mileage to Training
Honeywell Maple Island Security Service
Imagineering Network Consulting
Interim Testing Receptionist
International Assc of Arson Membership
International Assc of Fire Chief Membership
Kallsted, Kim Keys
Legislative Associates Consultant Services
Lexmark IBM Ribbons
.
.
$
400.00
1,591.00
135.00
72.00
296.55
7,031.34
31.36
118.00
56.00
940.50
5,000.00
19,202.78
457.27
762.43
172.19
841.78
75.00
4,415.95
75.00
88.45
321.00
63.75
979.65
3,755.37
1,296.72
26.84
168.28
761,315.00
25.76
67.95
715.00
3,631.40
28.95
141.50
389.79
894.60
250.00
100.00
120.00
4.45
6,275.00
86.10
LMC Berkley Risk
M.P.H.
Magnuson, David
Menards
Miller, Davin
Miller, Peggy
Minnesota Dept of Economics
MN Pollution Control Agency
Moore Medical
Municipal Code Corporation
Munimetrix Systems Corp
Nelson Radio
Northwestern Tire
Norwest
Pilquist
Pitney Bowes
Quantum Digital
Raduenz, Randy
Reeds Sales
Schau bach, Shelly
St. Croix Animal Hospital
St. Croix Fencing
St. Croix Office Supplies
Stillwater Gazette
Stillwater Lions Club
Stillwater Sunrise
Stillwater Township
Teltronix
Terriault, David
Thompson Hardware
Thompson Publishing
Treadway Graphics
Uniforms Unlimited
Valley Micro
Valley Trophy
Volt
Washington County Treasurer
Washington County Treasurer
Yocum Oil
Claim 11012459
Radar units
Professional Services
Lumber
Uniforms
Refund
Strom
Inspections
Stifneck Bags
Supplies
Maintenance
Repair Siren Service
Supplies
Paying Agent Fees
Door Assembly
Mail Machine
Copies
Numbers for building
Manual for Roller
Mileage
Boarding
Repair Fence
Supplies
Ordinance
Membership
Quarterly Dues
Sand & Snow plowing
Rec. Network Service
Refund
Supplies
F air Labor Standards
DARE Graduation
Uniform cap
Training
Name Plate
Temporary Help Recept.
Tab Renewal
May Portion Taxes
Gasoline
500.00
4,808.50
13,178.40
231.36
427.46
70.00
21.66
72.00
46.98
4,139.50
480.00
1,967.16
377.02
62.50
75.00
1,634.78
65.47
100.00
8.47
19.20
530.76
570.85
250.21
277.53
83.50
125.00
805.52
117.00
70.00
233.26
248.00
837.50
29.95
1,800.00
27.85
2,674.92
8.50
43,138.00
82.46
.
.
.'
.
.
.
No.
$40.00
98-23
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Copeland Building Corporation has paid the sum of Forty and 00/1 ODs Dollars to the
Treasurer of said City as required by the Ordinances of said City and complied with all the requirements
of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Copeland
Building Corporation, 5300 Hyland Greens Dr, #209 Bloomington MN 55437 is hereby licensed and
authorized as General Contractor for the period of one year starting April 16, 1998 and ending April 16,
1999 subject to all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
. Attest:
Mayor:
No.
98-24
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, D.KH Excavating Inc has paid the sum of Forty and 00/100s Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said D.K.H
Excavating Inc., 7700 Hwy 101, Shakopee MN 55379 is hereby licensed and authorized as Moving and
Wrecking of Buildings for the period of one year starting F ebroary 27, 1998 and ending F ebroary 27, 1999
subject to all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
Attest:
1_ __
- - ,-,
Mayor:
.
.
.
.
.
.
No.
98-25
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Valley Window Service has paid the sum ofF orty and 00/100s Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Valley Window
Service, 591 2nd Ave N, Bayport MN 55003 is hereby licensed and authorized as Wndow Installer for the
period of one year starting April 27, 1998 and ending April 27, 1999 subject to all the conditions and
provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
Attest:
Mayor:
No.
98-27
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Peterson Contractors has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Peterson
Contractors, 1919 West Pine Street, Stillwater MN 55082 is hereby licensed and authorized as General
Contractor for the period of one year starting April 27, 1998 and ending April 27, 1999 subject to all the
conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
Attest:
Mayor:
.
.
.
.
.
.
No.
$40.00
98-26
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Gary Contracting has paid the sum of Forty and 00/1 OOs Dollars to the Treasurer of
said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Gary Contracting,
2250 Acorn Road, Roseville MN 55113 is hereby licensed and authorized as Excavator for the period of one
year starting April 28, 1998 and ending April 28, 1999 subject to all the conditions and provisions of said
Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
Attest:
Mayor:
No.
98-28
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Blacktop Driveway Co Inc has paid the sum of Forty and 00/100s Dollars to the
Treasurer of said City as required by the Ordinances of said City and complied with all the requirements
of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Blacktop
Driveway Co Inc., 1187 Frost Avenue, St. Paul MN 55109 is hereby licensed and authorized as
Blacktoppingfor the period of one year starting April 29, 1998 and ending April 29, 1999 subject to all the
conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 5th day of May A.D. 1998.
Attest:
Mayor:
.
.
.
Minnesota Department of Public Safety
LIQUOR CONTROL DMSION
444 Cedar St./Suite 100L
St. Paul, MN 55101-2156
(612)296-6439 TDD (612)282-6555
(i)
APPLICA TION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
(Or~ltftti::Ilt:~... YO :" ~':";':Y':' ::...:~~.:. :; l"w.~1! iB a 12 lB8BtB p~d.)
TYPE OR PRINT INFORMATION
N~ OF ORGANIZATION
St. Marv's Church
STREET ADDRESS
407 So. 5th Street
NAME OF PERSON MAKING APPLICATION
Rav Carroll
DATES LIQUORWiii BE SOLD (1 to 4 days)
September 13. 1998
ORGANIZATION OFFICER'S NAME
Fr. Michap.l Skluzacek
ORGANIZATION OFFiCER'S NAME
Mary Kratz (Trustee)
ORGANIZATION OFFiCER'S NAME
TAX EXEMPT NUMBER
8549225
DATE ORGANIZED
1865
CITY
Stilhvater
BUSIN.t.~~ PHUt~h
(61J 439-1270
TYPE OF ORGANIZA nON
o CLUB 0 CHARITABLE c;rRELIGlOUS o OTHER NONPROFIT
ADDRESS
407 50. ~t~ St., Stillwater
ADDRESS
1216 No. Owens St.. STillwater
ADDRESS
I
I STATE I ZIP CODE
r.1N 5 5 0 8 2
I HOME PHONE
Location where license will be used. If an outdoor area, describe
St, ~ary's Churc~ .~ SChool oarkina lqt.
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service.
N0,
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(NOTE: Insurance is not mandatory)
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUN1Y BEFORE SUBMrrrING TO LIQUOR CONTROL
CITY/COUNTY
DATE APPROVED
CITY FEE AMOUNT
LICENSE DATES
DATE FEE PAID
'GNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED LIQUOR CONTROL DIRECTOR
NOTE: Do not separate these two parts, send both parts to tbe address above and the original signed by this dn'ision
will be returned as the license. Submit to the Cit)' or County at least 30 days before the event.
PS-09079(8/95)
LG220
Rev06/95
Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
I For Board Use Only J
Fee Paid J
Check # It
Initals ' .
Date Reed
Organization Name
St. MARy S C Hu-P.c~
Street City
it'D 7 S.: F, FTH 5T SrILLl.J..~AT5-R
I Name of Chief Executive Officer of organization (CEO)
First Name I Last Name
Michael Skluzacek
Name of OrganizatIOn Treasurer
Arst N:::y . _Il~::::
I Pre~ious lawful gambling exemption number
X-1d.-oo1.{-
state Zip Code County I
(1;1 10 '5 SO g2. W /tSH I AJ(;;TtJ J
I Daytime Phone number of CEO
I (61;1 439-4400
Daytime Phone Number of Treasurer
430-2627
Check the box below which best describes .
your organization .
D Fraternal
D Veterans
.~ Religious
D Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
D IRS letter indicating income tax exempt status
[:pertificate of good standing from the Minnesota Secretary
. . . of State's office .
DA charter showing you're an affiliate of a parent
nonprofit organization
lRFroof previously submitted and on file with the Gambling Control
Board
Name of Establishment where gambling activity will be conducted
gf. rh i-tQy CjltUI~C* PAR K ,.,]6 LoT
Street City State
S+b \'; ~tJ f. ST STiLLtUAf~R. ItA;J 5603'2 WA-\H//J6TL)J<l
Date(s) of activity (for raffles, indicate the date of the drawing)
Zip Code
County
q- /3-q g
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
~ Bingo ~ Raffles D Paddlewheels 0 Pull-tabs D Tipboards
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
..;.
_L L
,~:"Jijjj'I~~:l:":,,t:i':il'li::'!:;"'_'~'- :"~:-';'-'I-~~'i,!:.,_:.;r)t!'II:!;!t!I~gll"Ilfi~-:"'~i.I!': iI'':!'oIf'i.f;t!f!~11;r.,...::,;ltri"1.!'~':I':'''''",, "...'1 +~- "".. ':'t.'" ;.,~ ,....;jo....~.,.., .,.
,.~~,~',r,~ii1""l,:...~,~i1!:~:",j, r.'ir,"":!::,',':I:~,~;!,":Q;,!" :~/)I,'l(lt;",;~,~ "Ii:,~,1fi ~,~'" ;~ ", ' i,'!H,', ~,lli::J:I'1 ",'i,I:':~I!,;W;;,:'~jl',:jl:~,ilf':7:iI1'~~,"-;S,:;t.i, I!!(,,;~"::' .':J;'::'\.;:~r",l,;~,,~,;":}~:" .
~:r;Q~~.!.,..,!{rJl~;Q~tlj1lYitij,fu~!iJ~!.i1r!.i?!lft!Q~"""",;::,;
Is this gambling premises located within city limits? I&J Yes D No
If Yes, write the name of the City:
City Name ~t-illwater
. If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: o,rganized unorganized
.. ..
~I
Dmncorporated
1. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary infonnation has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of
Application Application
Signature of person receiving application Signature of person acknowledging application
illllllliate Received:
.wtle of person receiving application
Date Signed:
TItle of person acknowledging application
I have read this application and all information is true, accurate and complete.
#t~~ ~- &wl;~: /(jqC{'
Submit the app cation at least 45 days prior to your scheduled dat~ of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
Thiz publication will be made available in alternative fonnat O.e. large print, braille) upon request.
Questions on this fonn should be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TOO may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
. The infonnation requested on this fonn will be used by the Gambling Control Board (GCB) to detennine your
' . compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this fonn will become public infonnation when received by the GCB.
...
Memorandum
.
To: Mayor and Council
From: Morli Weldon
Re: Payment to Gallmeier for easement
Date: May 1, 1998
Information on this item will be presented by Dave Magnuson, City Attorney at the
meeting on May 5, 1998.
.
.
STAFF REQUEST ITEM
IPARTMENT: Parks DATE:
D SCRIPTION OF REQUEST (Briefly outline what the request is):
Request to purchase a portable sprinkler system for parks without irri9ation
~NCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and
Mr proposed source of the funds needed to fund the request)
$4,500.00 budl;led for under C~'pital O~t!.ay - 1998
ADDITIONAL ITEMS ATTACHED:
YES
NO
L
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 ~~ { ~
. ~sen, Parks Director
DATE:
Y.h-9' ~F-
/
" i
April 30, 1998
April 30, 1998
STAFF REQUEST ITEM
DEPARTMENT: Parks
DATE:
April 30, 1998
.
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Request to hire Archnet to draw UP the workinq plans for the Pioneer Park restrooms.
~ - ~
They went up to Pioneer Park and looked at the restrooms we have now. We can keep the most of the
main building and renovate the rest accordinq to the master plan. The Park and Recreation
Board voted Monday, April 27, 1998, to acce~t this ~lan and to have them do the plans. Archnet is located
in Stillwater
From the drawings that Archnet drew: this buildin9 will be in com~liance with the new A.DA Rules that
will be coming into effect July of this year
L _
FINANCIAL IMPACT (Briefly outline the costs, if any, that~re ssociated with this request and
the proposed source of the funds needed to fund the requ t)
Funds available under contractual services in the budqet
- V
.
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~ ~
Tim Thomsen, Parks Director
DATE:
~~A.8
April 30,1998
.
.
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RESOLUTION No. 98 - 117
RESOLUTION APPROVING AGREEMENT WITH ARCHNET
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the agreement
between the City of Stillwater and Archnet to draw up working plans for the Pioneer Park
restrooms is hereby approved, and the appropriate city staff is authorized to sign said
proposal.
Adopted by the City Council this 5th day of May, 1998.
ATTEST:
Jay Kimble, Mayor
Acting City Clerk
STAFF REQUEST ITEM
DEPARTMENT: Parks
DATE:
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Request to purchase park benches and trash receptacles for various parks
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)
$6,000.00 budged for under Capital Outlay - 1998
ADDITIONAL ITEMS ATTACHED:
YES
NO
L
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.
SUBMITTEDBY~, .~
Tim Thomsen, Parks Director
DATE:
y /~p/9?
'/
April 30, 1998
April 30, 1998_
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RESOLUTION No. 98-118
.
APPROVAL OF CONTRACT FOR SURVEY WORK BETWEEN THE CITY OF
STILLWATER AND FOLZ, FREEMAN, DUPAY AND ASSOCIATES
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract
between the City of Stillwater and Folz, Freeman, Dupay and Associates to assist the
Engineering Department with survey work for upcoming projects is hereby approved, and
the appropriate city staff is authorized to sign said contract.
Adopted by the City Council this 5th day of May, 1998.
Jay Kimble, Mayor
ATTEST:
.
Modi Weldon, City Clerk
.
MEMORANDUM
April 29, 1998
TO:
Mayor and City Council I
Klayton H. Eckles 'l..;t
City Engineer
FROM:
SUBJECT:
Contract for Survey Work
DISCUSSION:
Attached is a contract with Folz, Freeman, Dupay and Associates to assist the
Engineering Department with survey work for upcoming projects on an as-needed basis.
RECOMMENDATION:.
I recommend that Council approve the attached contract.
ACTION REOUIRED~
If Council concurs with the recommendation, they should pass a motion adopting
Resolution No. 98-_, APPROVAL OF AGREEMENT BETWEEN THE CITY OF
STILLWATER AND FOLZ, FREEMAN, DUPAY & ASSOCIATES, INC.
Cffi.~
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CONTRACT
THIS AGREEMENT, made , 1998, between the City of
Stillwater, a municipal corporation within the County of Washington, State of Minnesota,
mailing address of216 North Fourth Street, Stillwater, Minnesota 55082, ("City"), and Folz,
Freeman, Dupay and Associates, 1815 Northwestern Avenue, Stillwater, Minnesota 55082
("Consultant").
SECTION ONE
SERVICES TO BE PROVIDED
Consultant will provide the City of Stillwater survey services on an as needed basis at the
direction of the Stillwater City Engineer or his designee.
SECTION TWO
PLACE OF WORK
The services will be rendered primarily at the office of Consultant, but Consultant will go
to remote locations, when necessary.
SECTION THREE
TERM AND TERMINATION
The term of this Contract will commence on April_, 1998, and will continue until
terminated. Either party may terminate this Contract at any time and for any reason without any
liability to the other.
SECTION FOUR
COMPENSATION
City will pay the Consultant the rate of set forth on the attached Exhibit "A". Itemized
and verified invoices must be submitted. Payment will be made within thirty (30) days of
delivery of an invoice.
SECTION FIVE
QUALIFIED PERSONNEL
Consultant promises that only qualified persons may be assigned to perform the work.
- 1 -
SECTION SIX
RELATIONSHIP BETWEEN PARTIES
.
The Consultant is not an employee of the City and is not entitled to the benefits provided
by the City to its employees.
SECTION SEVEN
WORK STANDARDS
Consultant will control the conduct and means of performing the work and will perform
all services required under this Contract in a manner consistent with generally accepted survey
procedures and will maintain all licenses required for the survey work under State law..
SECTION EIGHT
INDEMNITY
The Consultant will be responsible for any damages incurred in connection with
Consultant's services under this Contract. Consultant will not be liable for failure to provide or
delays in providing services. The City agrees that it will defend, indemnify and hold harmless
the Consultant from any liability, loss, damages or costs that are the fault of the City and that
grow out of the services, it or its designated personnel provide under this Contract.
SECTION NINE
TERMS TO BE EXCLUSIVE
.
The entire Agreement between the parties with respect to the subject matter hereunder is
contained in this Agreement. Except as herein expressly provided to the contrary, the provisions
of this Agreement are for the benefit of the parties solely and not for the benefit of any other
person, persons or legal entities.
SECTION TEN
WAIVER OR MODIFICATION INEFFECTIVE
UNLESS IN WRITING
No waiver, alteration or modification of any of the provisions of this Agreement will be
binding unless in writing and signed by a duly authorized representative of both parties to this
Agreement.
SECTION ELEVEN
NO ASSIGNMENT WITHOUT CONSENT
Consultant will not assign this Contract nor any of the rights and duties hereunder
without the prior written consent of the City.
.
-2-
.
.
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SECTION TWELVE
WRITTEN NOTICE
All communications regarding this Agreement should be sent to the Consultant and the
City at the addresses set forth above, unless notified to the contrary.
SECTION TIDRTEEN
GOVERNING LAW
This Agreement is governed by the laws of the State of Minnesota.
Dated:
CITY OF STILL WATER
Jay 1. Kimble, Mayor
Modi Weldon, City Clerk
FOLZ, FREEMAN, DUPAY &
ASSOCIATES
By
Its
Approved by City Council - Resolution No.
Dated:
-3-
01:59P FFD & ASSOC. INC.
430-9331
P.02
FoIz, Freeman, Dupay & Associates, Inc.
WJl'" , "i" "'I, N LAND SURVEYI.NG · LAND PLANNING
. w -<>-. 1815 NORTHWESTERN AVENUE' STILLWATER, MINNESOTA 55082
. & (612)439-8833
.
January, 1m
FEE SCHEDULE
Registered Land Surveyor (principal) Design and Consultation ................ S 90.00 Ihr
Registered Land Surveyor - Research and Computations' . . . . . . . . . . . . . . . . . . .. S 70.00 Jhr
Registered Land Surveyor _ Mapping . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . ... S 60.00 Ihr
Autocad Technician - Mapping. . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . .. $ 55.00 /hr
Survey Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.. $ 50.00 !br
Secretarial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.. $ 30.00 !hr
2 Man Field Survey Crew wrrruck & Equipment. . . . . . . . . . . . . . . . .. . .. . . ... S 105.00 Ihr
Printing in Hou~
Large Maps (24x36 and up) . . . . . . . . . . . . . . . . . . . .. $ 4.00 lea
Maps (other Blueline) ......................:.. $ 3.00 lea
Photocopies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 0.20 Ipg
.
Printing and Reproductions from outside V cndors . . . . . . . . . . . . . . . . . . . . .. Cost Plus. I 00.10
Steel Fence Posts (Witness Posts) ............. . . . . . . . . . . . . . . . . . . . . . . . . .. S 5.00 lea
Specl81 Monuments (other that standard pipe) ....... . . . . . . . . . . . . . . . . .. Cost Plus. 10010
Mileage over 20 miles from Office (one way) . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. S 0040 /mi
Expenses for meals and lodging on work outside of me 7 county metro area ...... Cost
ALL ACCOUNTS ARE DUE UPON RECEIPT OF INVO~CE. ACCOUNTS WHICH ARE
NOT PAID WlTIDN 30 DAYS WILL BE CHARGED INTEREST AT A RATE OF 1-1/4
PERCENT PER MONTH (APR 15%), PLUS $10.00 PER MONTH ACCOUNTING FEE.
LIABn..rrY
Liability shall be limited to the amount of the fee charBed and paid. For additional liability, a fee
of one percent of the liability amount requested shall be paid prior to commencement of work.
EXHIBIT II A'~
.
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RESOLUTION NO. 98-
APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILL WATER AND
FOLZ, FREEMAN, DUPAY & ASSOCIATES, INC.
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement
with between the City of Stillwater and Folz, Freeman, Dupay & Associates, Inc. for
survey work for various City improvement projects, hereto attached as Exhibit A, is
hereby approved, and the Mayor is authorized to sign said Agreement.
Adopted by Council this 5th day of May, 1998.
Jay Kimble, Mayor
ATTEST:
. Modi Weldon, City Clerk
.
MEMORANDUM
.
May 1, 1998
TO: Mayor and City Council
FROM: Klayton H. Eckles
City Engineer
SUBJECT: Seasonal Labor for Public Works
DISCUSSION:
Staff has recently advertised for the position of seasonal laborers for the Public
Works Department. To date we have received six applications, with an allowable budget
for four part-time employees.
RECOMMENDATION:.
Therefore we are recommend Council approval of the employment of Jeff
Dionisopoulos, Charles Ratledge at an hourly wage of$9.25 and Neil Langer and
Michael Bodlovick at an hourly wage of$9.00 per hours as part-time seasonal labors.
.
ACTION REOUIRED:
If Council concurs with the staff recommendation, they should pass a motion
adopting Resolution No. 98-119, APPROVING SEASONAL EMPLOYMENT IN
PUBLIC WORKS DEPARTMENT.
.
.
.
.
RESOLUTION NO. 98-119
APPROVING SEASONAL EMPLOYMENT IN
PUBLIC WORKS DEPARTMENT
BE IT RESOLVED, THAT THE City Council of the City of Stillwater, Minnesota,
hereby approves the employment and salaries for the seasonal employment in the Public
Works Department with starting dates from May 8, 1998 to June 15, 1998, as follows:
Jeff Dionisopoulos
Charles Ratledge
Neil Langer
Michael Bodlovick
$9.25 per hour
$9.25 per hour
$9.00 per hour
$9.00 per hour
Adopted by the City Council of the City of Stillwater this 5th day of May, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
DONALD L. BEBERG
CHIEF OF POLICE
LARRYJ.DAUFFENBACH
CAPTAIN
.
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
M E MaR AND U M
FROM:
D_L_ BEBERG. CHIEF OF POLICE
~~
TO:
MAYOR KIMBLE AND CITY COUNCIL
DATE:
t"1AY J.. 1998
RE:
AGENDA ITEMS FOR COUNCIL MEETING ON MAY 5th
--------------------------------------------------------------------
CONSENT AGENDA ITEM:
THE NATIONAL HONOR SOCIETY AT THE STILLWATER AREA SENIOR HIGH
SCHOOL WANT TO HAVE THEIR ANNUAL SOAPBOX DERBY (RACE) ON SATURDAY, MAY
30th. THE LOCATION WILL BE ON NORTH SECOND STREET BETWEEN LAUREL AND
MULBERRY. I RECOMMEND THAT THEY BE GIVEN PERMISSION AS LONG AS THEY
(THE SCHOOL DISTRICT) PROVIDE THE NECESSARY INSURANCE, WHICH THEY HAVE .
DONE IN THE PAST, AND PROVIDE THE NECESSARY SAFETY MEASURES, WHICH
THEY ALSO HAVE PROVIDED BEFORE. THE POLICE DEPARTMENT WILL PAY FOR 2
PART TIME OFFICERS, ONE AT SECOND AND LAUREL STREETS AND ONE AT SECOND
AND MULBERRY STREETS FOR TRAFFIC AND SECURITY.
F.Y.I.:
THERE WILL BE A BLOCK PARTY ON WALNUT CREEK DRIVE ON SATURDAY,
JUNE 13th, STARTING AT 2:00 pm. THIS IS A DEAD END STREET AND THEY
WILL BE BLOCKING OFF WALNUT CREEK AT NEAL AVENUE, LEAVING THE
NECESSARY TRAFFIC OPENINGS IN CASE OF AN EMERGENCY. ALL OF THE
AFFECTED RESIDENTS HAVE BEEN INVITED TO THE PARTY.
CONDEMNATION OF HOUSE:
THERE IS A HOUSE THAT HAS BEEN ABANDON FOR A MINIMUM OF 10 YEARS
THAT IS TO THE NORTH OF 125 SOUTH RAMSEY STREET~ I AM NOT SURE, BUT I
THINK THE ABANDON ADDRESS IS 321 WEST MYRTLE STREET. SUPPOSEDLY A
SENIOR CITIZEN OWNS THE PROPERTY AND LIVES SOME WHERE IN NORTH OR
SOUTH DAKOTA. THE BUILDING IS IN POOR SHAPE AND KIDS HAVE BEEN
PLAYING IN IT AND THE NEIGHBORS FEEL, AS DOES THE POLICE DEPARTMENT,
THAT IT IS A HAZARD AND SHOULD BE CONDEMNED. I AM REQUESTING
DIRECTION/PERMISSION FROM THE MAYOR AND COUNCIL TO DEAL WITH THE
PROBLEM. I WILL HAVE A FEW PICTURES OF THE PLACE FOR YOU WHEN I GIVE
MY STAFF REPORT AT THE 4:30 MEETING ON MAY 5th.
.
98-18
212 North 4th Street · Stillwater, Minnesota 55082
Business Phone: (612) 351-4900 · Fax: (612) 351-4940
Police Response/Assistance: 911
STAFF REQUEST ITEM
ePARTMENT: Parks DATE:
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Request to use the remainder of the money that was budgeted for a new van to purchase tool racks,
tool boxes and two-way radios for the trucks that do not have radios at this time.
The utility van came in at approximately $6~000 less than budgeted for in Capital Outlay for 1998
.ANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
Budgeted under Capital Outlay - Automotive
. -
ADDITIONAL ITEMS ATTACHED:
YES
NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
.MITTED BY -;! - ~
~msen, Parks Director
DATE:
y~~,b?
/ /
April 30, 1998
April 30, 1998
MEMORANDUM
.
TO: Mayor and Council
FR: City Coordinator
RE: Request for funding skateboard
And iIi-line skate facilities
DA: April 23, 1998
Discussion:
Tim Thomsen and I recently met with Tom Schwietz (Director of the Teen Center) and Bill
Soukup (in-line skating enthusiast) to discuss issues related to skateboarding and in-line skating
facilities. The parties are recommending the following action be taken (this was reviewed and
approved by the Park and Recreation Commission at the' eting):
1. Provide financial support in the amount 0 1$3100 J! r the construction of a
skateboard facilities to be operated by the r 11 Teen Center and located on
UFE Inc. property. (The City Council already approved the request that was .
made by Tom Schwietz of the Teen center for financial support at the April 21 st
meeting).
2. Provide financial support for the surfacing of the hockey rink in Northland Park.
It would appear that the cost for surfacing, fencing/netting, and ramps/rails would
be about $14,000 as follows:
Surfacing
Fence/netting
Ramps/rails
Total
$10,000
3,000
1.000
$14.000
3. Obtain approval for the use of a portion of the Junior High parking lot or another
appropriate site for skateboarding. An area could be made available to
skateboarders for about $1000 (fencing and ramps/rails).
The total estimated costs for the Graffiti, Northland Park and Jr. High/other facilities are
$18, I 00. According to Tim, the cost of the playground equipment approved for Northland Park
will be about $10,000. $15,000 was budgeted for the playground equipment, and this would
leave about $5000 available for the skate facilities. Further, the C/O budget includes $8000 for
skateboard facilities. Of this amount, $3100 was approved for the Graffiti facilities which leaves
$4900 available from the C/O budget for the other facilities.
e>
. ,'.
In summary, the amount needed for the facilities, over and above the budgeted amount, would be
about $5100.00 (i.e., $18,100 less the $5000 left over from playground equipment budget and
$8000 from skate facilities C/O budget = $5100). I would recommend that the Council approve
. the funding of the facilities including the unbudgeted amount of$5100.00.
Obviously this action would be a major step toward providing facilities for the young people
who really enjoy skateboarding and in-line skating. Further, I am confident that I will be able to
raise at least $5000 from other sources.
Recommendation:
Council approve additional expenditures in the amount of $15,000 for skate facilities.
~~
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RESOLUTION 98 - 120
.
AUTHORIZING PURCHASE OF COPIER MACHINE
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of a Minolta
6001 copier from IKON Office Solutions for the Engineering, Planning and Building Inspections
Departments at a price of$4,472.00 plus tax is hereby approved.
Adopted by Council this 5th day of April, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
.
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.
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: New copier
DA: May 1, 1998
Discussion:
Engineering, Planning and Building Inspection Departments are requesting the purchase of a
new copier. The present copier is about 7-8 years old and is in constant need of maintenance
(which requires waiting for someone to come to City Hall to repair the copier). Therefore, the
three departments are requesting that they be allowed to purchase a new Minolta 6001 copier at a
cost of about $14,472.00. This is about $5000 to $10,000 less than comparable copiers that have
been proposed for a Xerox and a Savin copier. I would recommend approval and that the copier
be financed from funds that are available from the Building Remodeling/Expansion project.
Recommendation:
Approve request to purchase a Minolta 6001 Copier System at a cost of$14,472.00 and to charge
the cost to the Building Remodeling/Expansion fund.
Pf!~
~002
IKON OFFICE SOLUTIONS
____04/09/98 THU 08:~0 FAX 612 885 i999
.
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
February 12, 1998
1\. 6001 . .~ $1447200~1
lmolta copier !lYll~ ................................................................ , . __ m____
. Reversing automatic document feeder
. 3400 sheet large capacity cassette
. ZO-Bin stapling sorter! three and two hole punch
. Off loading system
. 7250 sheet paper capacity
Please call with any questions.
.
Thank You,
~~
Patrick Moran
Major Account Executive
IKON Office Solutions
D~ .:J:rY\ e
\Y\~ Cux.;t;(l.ad 0)07U- P. s.
CT)~~ .
~
.
~
o _
"."
MINOLTA
of.
,.
':
~
A lIew'lIIlge
'ft (:usl.me, Salisfflclioll
. . . . . . . . . . . . . . . . . . . . .
11':600 I
CSjPRO COPIER
Q
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'~
MEMORANDUM
TO:
Planning Commission
FR:
Steve Russell, Community Development Director
DA:
April 9, 1998
RE:
Public Hearing on Home Occupation Use Permits - ZAT/96-4
This draft ordinance has previously been reviewed by the Commission. The current regulations
are very open and subjective without specific requirements to assure protection for residential
areas (existing regulations attached in memo dated 9-4-96).
The new draft regulations establish three types of home occupation use permits. Type one is
allowed in the residential RA, LR, TR, CR and RB districts. No special review is required. The
Type I home occupation should be invisible to the residential area.
Type II and Type III home occupations use require conditional use permits (a public hearing) and
have specific limits to the operation. Type III use is allowed in the RB district. In the Type III
district, one nonresidential employee is allowed and retail sales accessory to the business are
permitted.
To publize this item, an article was written for the paper.
Recommendation: Hold a public hearing, hear comments, discuss, make appropriate changes and
recommend to the City Council for adoption.
Attachment: Draft Home Occupation Use Permit Ordinance.
CPC Action on 4-13-98: +9-0 approval
.
Type I
Allowed in RA, LR, TR, CR or RB Zoning Districts
1. No permit required.
2. :R~gistration required.
3. :No outside storage or display of
products, equipment or merchandise
i~op~rmitted.
4. N() retail sales are permitted from the premises.
5. tfo traffic shall be allowed which is greater than 4.
\~li~' level normal expected within residential
areas.
Y"'>-':",
6. No separate business entrance.
7. No signs are permitted.
.
8. No more than fifteen (15) percent of the
total gross floor area ofthe dwelling unit
may be used for the home occupation or 300
\~9"cft. whichever is less.
9~ 'No activity or equipment shall be used which
creates noise, vibration, glare, fumes, odors,
electrical or television interference that is
.,-.,.,
a.~!~ctable to normal senses outside the dwelling
11mt or any accessory structure.
10. ijpme occupation reviewed upon complaint.
'f:.>L',"
':"-:-':.'/,
Home Occupation Regulations
Type II
Allowed in RA, LR, TR or CR with a special use permit
1. Home occupation use permit and public hearing required.
2. No outside storage or display of products,
equipment or merchandise permitted.
3. Any retail sales limited to accessory items of home
occupation.
Infrequent hobby, craft or art sales permitted twice a year
maximum not to exceed 6 days per calendar year.
5. Customers by appointment only (one customer at a time)
6. Off-street parking required for any customers.
7. No signs are permitted.
8. No more than 20% of the residence floor area or 400 sq. ft.
maximum used for home occupation.
9. No activity or equipment shall be used which creates
noise, vibration, glare, fumes, odors, electrical or
television interference detectable to normal senses
from the dwelling unit or any accessory structure.
10. 7 a.m. - 8 p.m. business hours limited to.
11. No nonresident employees.
12. No excessive traffic.
13. Home occupation reviewed upon complaint.
Tvue III
Allowed in RB District
1. Home occupation use permit and public hearing required.
2. Applies to RB district only. .....
3. No outside storage or display of products, equipment or
merchandise permitted.
4. Retail sales limited to accessory items ofthe primary
occupation. Exception: hobby, crafts or art sales which may
be held twice per year not to exceed 6 days total per cfllendar
year.
5. An unlighted sign (2 square feet) is permitted.
6. Customers are permitted by appointment only.
7. No more than 20 percent ofthe total gross area OfIlot more
400 sq ft ofthe dwelling unit may be used for the .,.
home occupation.
8. No activity or equipment shall be used which creates
noise, vibration, glare, furnace, odors, electrical or
television interference detectable to normal senses
from the dwelling unit or any accessory structure.
9. 7 a.m. - 8 p.m. business hours limited to.
10. Off-street customer parking is required.
11. No excessive traffic is permitted.
12. Maximum of one nonresident employee is allowed~
13. Home occupation reviewed upon complaint.
''', ....,r
MEMORANDUM
fO: Planning Commission
=R: .teve Russell, Community Development Director
)A: September 4, 1996
~E: REVIEW OF SINGLE FAMILY, RA AND DUPLEX, RB ZONING REGULA liONS
The RA and RB Single Family and Duplex Zoning regulations allow certain types of commercial uses. The
Jses are listed below. The complete regulations are attached:
RA - permitted uses
.,.-
a. Hospitals, nursing homes and resthomes.
b. Public and private primary and secondary schools including accessory buildings and uses located upon
property contiguous to that occupied by the main building or buildings.
c. Cemeteries.
d. Churches and other places of worship.
e. Within a main building, the office of a surgeon, physician, clergymen, architect, engineer, attorney, similar
professional person or licensed personal service practitioner who resides in the main building and employs
iee office not more than one nonresident OffiC~ or .Iaboratory assistant.
f. Other commercial uses found not to be objectionable to the neighborhood in which they are proposed to
located.
RB - permitted uses
c. Customary home occupations carried on for gain in the main-building, provided that no nonresident help is
employed for the purpose, no more than 25 percent of the total floor space of the building is used for the
purpose, no articles offered for sale shall be displayed so as to be visible from any street and only articles
made upon the premises shall be sold or offered for sale thereon.
Special Use Permit
a. All building and uses permitted by special permit in a One Family District as set forth in Subd. 11 (2).
b. Local retail businesses, of the "corner store" variety, normally required for the daily needs of the residents
of the locality, such as establishments for sale of dairy products, delicatessen, fruits, vegetables, groceries,
meats and other convenience items, provided that provision be made for loading space.
c. Multi-Family Dwellings.
d. Bed and Breakfast establishments. SEE CHAPTER 31.01 SUBD. 25(1)(f).
It iaommended that the commission consider revising the regulation to further limit certain commercial
uses in residential areas.
.
.
.
ORDINANCE NO. 859
AN ORDINANCE ADOPTING Al'JD ENACTING A NEW CODE
FOR THE CITY OF STILLWATER, MINl'ESOTA, PROVIDING
FOR THE REPEAL OF CERTAIN ORDINAl'JCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE AND
PROVIDING WHEN SUCH CODE AND THIS ORDINANCE
SHALL BECOl\iIE EFFECTIVE
The City Council of the City of Stillwater does ordain:
.Section I. The Code entitled "Stillwater, Minnesota City Code" published by Municipal Code
Corporation, consisting of Chapters one (I) through fifty-nine (59), each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before January 20,
1998, and not included in the Code or recognized and continued in force by reference are repealed.
Section 3. Unless an offense is declared to be a petty misdemeanor or another penalty is
expressly provided, every person convicted of a violation of any provision of the Code will be punished
by a fine of not more than seven hundred and no/l00 dollars ($700.00) or by a sentence of not more than
ninety (90) days or both. Each act of violation and each day upon which any violation occurs will
constitute a separate offense. The penalty provided by this section, unless another penalty is expressly
provided, will apply to the amendment of any Code section, whether or not the penalty is reenacted in the
amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other civil
remedies and the revocation of licenses or permits.
Section 4. Additions or amendments to the Code when passed in the form indicating the
intention of the Council to make it part of the Code will be deemed to be incorporated in the Code, so
that reference to the Code includes the additions and amendments.
Section 5. Ordinances adopted after January 20, 1998, that amend or refer to ordinances that
have been codified in the Code will be construed as if they amend or refer to like provisions of the Code.
Section 6. This ordinance will be in full force and effect after its passage and publication.
Enacted by the City Council of the City of Stillwater this 5th day of May
,1998.
CITY OF STILL WATER
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, Clerk
.
.
.
ORDINANCE NO. 858
AN ORDINANCE REGULATING ANIMAL WASTE
The City Council of the City of Stillwater does ordain:
1. The Stillwater City Code is hereby amended by adding the following section:
"Subd. 1. Definitions. For the purposes of this Section:
a. Owner means person who harbors, feeds, boards, possesses, keeps or has
custody of an animal.
b. . Animal means a dog, cat or other animal.
Subd. 2. Unlawful Acts. It is unlawful for any Owner to:
a. Suffer or permit an animal to defecate on public property or the private property
of another, without immediately removing the excrement and disposing of it in a
sanitary manner.
b.
Suffer or permit an animal to be upon public property or the private property of
another unless the animal is in the custody of a person of suitable age and
discretion having in their possession equipment and supplies for excrement
removal.
Subd.3. Exception. The provisions of Subdivision 2, subparagraphs a and b do not apply to a
guide dog accompanying a blind person, a service dog accompanying a disabled person, or a dog
while engaged in police or rescue activity."
2. The City Code is amended by inserting these new sections in the Chapter entitled "Dogs and
Other Animals" and the section of the City Code entitled "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though fully set forth verbatim herein.
3. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed by the City Council of the City of Stillwater this _ day of April, 1998.
CITY OF STILL WATER
Jay L. Kimble, Mayor
A TrEST:
Morli Weldon, Clerk
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MEMORANDUM
TO:
Mayor and City Council
FR:
Steve Russell, Community Development Director
DA: May 1, 1998
RE: Update and Change Order for Sports Complex
v
At the 4:30 portion ofthe Council meeting, an update will be verbally given. For your
information, Span-Creat is on strike. This will delay construction of the ice area portion of the
Sports Complex if it is a prolonged strike.
Staff is exploring the possibility of eliminating the ice area elevator. This would result in project
savings. Also, additional plumbing for the second ice rink is needed and a price for that work
will be presented at meeting time as a change order.
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5/5/98:
TO: STEVE RUSSELL
FROM: GWO (DICK OLSEN)
RE: SPORTS COMPLEX
STILL WATER, MN
THIS MEMO IS TO UPDATE THE CITY COUNCIL ON CURRENT POTENTIAL CHANGE
ORDERS.
WE ANTICIPATE MORE SAVINGS IN THE CONTRACTOR'S CONS1RUCTION COSTS,
THE CITY'S FFE COSTS, THE CITY'S CONS1RUCTION COSTS & THE DONATED
CONS1RUCTION COSTS.
HOWEVER, THIS MEMO IS AN UPDATE ON THE 4/7/87 REVISED CONTINGENCY FUND OF
$40,000.
WE REQUEST THE COUNCIL'S DECISION ON THE FOLLOWING CHANGE ORDERS.
ITEM
1) FINISH HARDW ARE/HOLLOW METAL DOORS
AMOUNT
+$2,150
REMARKS
REQUIRED
2) REFRIGERATION FOR THE SECOND (OUTSIDE)
ICE SHEET
2.1) REFRIGERATION
2.2) CONCRETE FLOOR
+$191,400
+$ 86,600
NO ACTION REQUIRED
DICK OLSEN WILL
TALK TO THE
HOCKEY ASSOC.
3) ADDITIONAL REFRIGERATION PIPING
IN PHASE I CONTRACT FOR SECOND
SECOND (OUTSIDE) SHEET OF ICE
3.1) OPTION #1-UNDERGROUND ONLY
+$ 18,900
DECIDE ON ONE
OPTION
3.2) OPTION #2-ALL PIPING INCLUDING
UNDERGROUND
+$ 26,786
4) ELIMINATE ELEVATOR
-$ 26,500
DECISION REQUIRED
5) ELIMINATE APPROX 500 LF OF GAS PIPING.
TBD
IN AREA
MECHANICAL
CONTRACT. GWO
SUPT, BOB NELSON
REQUESTED NSP TO
INSTALL @ NO COST
TO THE CITY.
6) SA VINGSIN MECmCAL/ELECTRICAL IF
SOUTH LOCKER MASONRY WALLS AREN'T
DONATED.
TED
NO DECISON IREQ'D
NOW.
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RE-CAP OF THE CHANGE ORDERS/CONTINENCY FUND AS FOLLOWS:
ITEM
AMOUNT CONTINENCY
FUND BALANCE
$ 40,000 $40,000
-$26,500 $66,500
TBD TBD
TBD TBD
+$ 2,150 $64,350
1) CONTINENCY AS OF 4/7/98:
2) DEDUCT
2.1) OMIT ELEVATOR
2.2) OMIT 500 LF OF GAS LINE
2.3) SOUTH BLEACHERS
MECHANICAL/ELECTRICAL
3) ADDITIONS
3.1) HARDW ARE/HM DOORS
3.2) REFRIGERATION PIPING
( CHOOSE ONE )
OPTION #1 +$18,900
OPTION #2
+$26,786
TBD
TBD
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. MEMORANDUM
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TO: Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: May 1, 1998
RE: Letter to Lower St. Croix Task Force Regarding New Management Plan Preferred
Alternative
A letter will be provided for Council approval for submittal at the Lower St. Croix Task Force
meeting Tuesday night. I will attend the meeting, present the letter and participate in the
planning process. This is not always possible because the Task Force meetings are regularly
scheduled as a direct conflict with City Council meetings.
Attached is the meeting notice and alternative language for the river crossing. In the past,
discussion of river crossing alternatives has been off limits. At this point, for some reason, it is
included as a discussion point and alternatives language presented. None of the alternatives
include a new bridge as proposed. All alternatives would required the removal of the old bridge
and widening of the old bridge in place or remodeling it and relocating it. The impact of four-
lanes of traffic through downtown Stillwater would destroy the character of the community.
A letter will be drafted for Council approval indicating concern for the alternatives bridge
location language.
ST.,CROIX
National
Scenic Riverway
~7~-y:;yV' ·
INTERAGENCY PLANNING TEAM
LOWER
TO:
. COORDINATION OFFICE. 117 Main. Street, Stillwater, Minnesota 55082. (612) 439-n 22.
Lower St Croix Planning Task Force; Local Governments;
Interagency Contacts.
FROM:
Buck Malick, Chair, Lower St Croix Planning Task Force
Randy Thoreson, Coordinator, L-ower St Croix 'Planning Task Force
April 24, 1998 '(~"I);llf)
DATE:
Greetings! This is an exciting time for the Lower St Croix National Scenic Riverway! After two years of
extensive input and discussion, major historic agreements on land and water management issues. were
reached at the Preferred Alternative Workshop held April 17m and ISm at the Phipps Center in Hudson,
WISconsin. Attended by 150+ people, the intensive two-day workshop represented a wide range of
interests spf"~1..-ing to the diverse and unique character of the river as well as adjoining lands in Minnesota
and W1SCo~. A big round of applause to all those that participated in this historic workshop!
Without losing any steam. we are now ready to get together as a group again and proceed with the next
stages of the Lower St. Croix Riverwav Manalrement Plan and associated Environmental Imoact
Statement lEIS), Work will also take place later this spring and into the summer on an overall Watershed
Stewardshio Statement f, ix Riverway area. Following is a schedule for the next
couple of
Tuesday, May 5 (7:00 to 9:00 p.m.)* . .'
. Topic: Continuation.of the April 17m and ISm Preferred Alternative Workshop. Using the .
:;;> continuation of a facilitated open negotiation process, key discussions and decisions will
'd 'U"MJIJ be made on subjects such as "Riverway Crossings, " "Vegetation Management," and
"Island and Public Shoreline Management" An overall "Riverwi~ Philosophy" and
"Common Actions" will.also be agreed upon based on direction from the April
Workshop.
Tuesday, May 19 (7:00 to 9:00 p.m.)*
Topic: MaIlagement Structure Workshop. Various options for the land and water
management of the riverway, based upon the preferred alternative decisions, will be
reviewed and discussed. A preferred "Management Structure" concept will then be
carried forth through the Cooperative Management Plan formulation and EIS process.
Upcoming:
Tuesday, June 16 (1:00 to 5:30p.m. And 7:00 to 9:00 p.m.)
Lower St. Croix Management Commission Resolution Meeting .
St. Croix County Government Center.
1101 Carmichael Road. . .
Hudson, WI
Tuesday, June 23 (7:00 to 9:00 p.m.)
Appendix A (Land Use Zoning Guidelines) and
Appendix B (Water Use Guidelines)
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*A11 meetings held at Phipps Center in Hudson unless otherwise stated
National Park Service. us. Department of the Interior ,~~
Department of Natiwal Resources . State of Minnesota
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Department of NatJJraI Resources · State of WlSCOIlSin
Minnesota-WISCOnsin Boundary Area Commission
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1J{.I #tCJ ,,,1/' 6:'+
hJ,IN /s 411 .;
MATRIX OF LOWER ST. CROIX N^TION^L SCENIC RIVERW^y-OTHER TOPICS
Island and public shoreline
management
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No Increase in the number of road or
railroad bridges, but the scale and
chanaer of bridges could be altered
(wider. for example); bridges could be
relocated to new sites as long as existing
strUCtUres are removed
Overhead tranSmission lines could be
replaced (with the removal of existing
strUCtUres). Increased In scale or
relocated to new sites
Submarine crossings could be expanded
or relocated: new submarine crossings
could be permitted
I Minimize any decrease In the total
CCM!rage (acreage) of nau.e plant
communities
I No camping permit or reseration
system.
I No limits on camping at Hudson Islands.
(existing conditions)
Road and railroad bridges could be
replaced within existing corridors: no
change in the number, scale or chanaer
of the strUctUres would be permitted
Overhead tranSmission lines could be Same as Alternau.e B
replaced within existing corridors; no
change In the number, scale or chanaer
of the strUCtUres would be permitted
There would be no increase in the Same as Alternative B
number of submarine crossings. except
that existing overhead transmission lines
could be relocated to submarine crossings
I Maintain the existing coverage and
diversity of native plant communities
Camping north of Stillwater restricted to
, designated sites.
I Same as Alternative A
IOn-board toilets required to camp at
Hudson Islands.
Camping north of Stillwater restricted to
designated sites.
I Camping permit and reservation systems
used.
IOn-board toilets required to camp at
Hudson Islands.
.
The number of overhead transmission
lines could be reduced by consolidation of
lines or conversion from overhead to
submarine crossings
There would be no Increase in the
number of submarine crossings: existing
overhead tranSmission lines could be
relocated to existing submarine crossing
corridors
I Maintain .~d restore nau.e plant
communlnes
Camping north of Stillwater limited to a
few designated sites.
I Same as Alternative C
I Camping at Hudson Islands limited to a
I few craft with on-board toilets.
Road and railroad bridges could be
replaced within existing corridors and
their scale and character altered; the total
number of bridge crossings would not
increase
Overhead tranSmission lines couid be
replaced or relocated (as iong as existing
crossings are removed): no change in the
number, scale or character of river
crossinl!S would be permitted
New submarine crossings could be
pennitted If there was no visual impact on
shore and bluff are..
I Nau.e plant communities would not be
provided any special protection
A vegetation control zone (larger in
unincorporated areas than in
incorporated areas) would continue to
exist, In which large trees annot be cut.
but shrubs and small trees an be
removed
I Same as, Alternative A
I
I Same as Alternative A
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. MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: May 5,1998
RE: Comments on River Crossing Alternatives Contained in Preferred Alternative
Matrix of Lower St. Croix Management Plan
The staff report to the City Council for tonight's meeting indicates concern for the river crossing
language contained in the Preferred Alternative Workbook (previously attached to staff report).
Today, DNR staff clarified the Management Plan position on the proposed new Stillwater-
Houlton Hwy 36 crossing and the existing historic lift bridge. The points in the memo dated 5-5-
98 were previously agreed to by the Lower St. Croix Planning Task Force (see attached memo).
The two points appear to address the lift bridge but will need further clarification to make sure all
parties involved in the planning process have the same understanding.
. It should be made clear that a new river crossing bridge as proposed can be constructed without
the removal of the existing bridge (because the existing bridges is an historic resource).
I have talked with Dennis Gimmestad from the State Historical Preservation office and he agrees
with this understanding. At tonight's Lower St. Croix Planning Task Force Workshop I will be
presenting this position and asking for clarification.
Attachments.
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05/05/1998 14:02 6124396070 LEOCNEUMANLTD PAGE 01
. '~N~WI BO~N. _RER COM~l..q- ~~1'571 'l.:a_::l....:?s 98 10:.)Ll I~J, 001 F~_,
;:~. c3..~tcl/~~~ . .....:...~~,.;..,;mo~._..
';'ll ~Z · Z311 ~ ~ : ~ "'10 I{'" .~",......,
I MEMORANDUM I';' ....
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o.e.: May6.1_
To: lower St. Croix A8nning T_ For04J
f'tOM: 8Wvt Johneon
eu--= RMw CroAtnga
TM l~ St. Croix Plannln; reek FOIQI heaMd exten8ive dilOlAnionl of the river
Q'OIIlinga iNult. Mer completing the 1nft181purpoM/8ig~OM1 ~
WOtbhope in Ihe eprtng ~ 1118. river croalings W8I the first 118Ue topic taken up bY the
t..k force. Tho topic wn dllCUlIMd ......1 tirnn in the summer of 1998, end ageln in
Augurtt end s.ptember of 1997. I hat notbMn dlacu888d since, at 'BUt not In any detail,
. ." ,
e.... the tIek fOf08 .,...'t dNIt withthil ,__for m.ny monh. thin.... been '.om.
queetians nliMd about..... the t.... ..... today.
Thea l.mMlOfved luues ~ in tM ~I 1* wori<book ~ tM eltemltJVM
dftcUMlon .. '* he, not been modified tince'September 1987. It i, important to
~ th8t there..- qynl lmportlnt 1t\tnge 8bout river oroeelng81hat have 'been
~I hit an not .1-. tod~, end therefore .., not aJrrGntty before ~ -*fOrC!I. _ 1
Whet i. ~ the tat< fctc8 tonIGht .... only thOM eJement8 fA tht nv. OI'OAlng. .
diecuaton WheN Cllgftjions_ vet eo'be m.ac.. SOMe questlone ~:bMn releed In the
INt .. that 'ugg4let tMII'81 ~lMIln thII I)tennlng prooni'nev. ~ ..
ooup~ Of Importentd8eieionl th8t.haw already'been made:
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On Aug. 21, 1897. the .. ~ eOrMd thIt the Lower 8t. Croix ~
Commilllon't.Pf\lMlwt 8011 for non-protifntion of bridget (rwmove old bridgeI
...men ...., onee .. built) mUll be modified. unctIr My e1teml1tive considered, to
elevJry thet .,. ~~on f)OIioy eppI_ IIwJth tM ~ of tlo,.
~to~tw~1t"'hJutoric;nPVftprooeq~be_Ied."
The 8eotIon 108li11or1c,Wuc:lunt ~Pf'0*8 mUll apply to any~ wo;..
it oouId bit canaI~ fQr NmOYII1.
In the tummlrof 1__ wn ...the"... CocJp.cqtlve MenecJement pt.,. for the
u.. St. Crobc being "pea . part rAthi$ prooIIlIS will ~ no impllct on th.
SttlMnlt bridOe ... ftwln 8100 h8V8 no Impect on curent pI8mng for .. MW
electriOGl nntminion un. ecroM the (i... Prior to V. Aug. 21. 1897 teek foro&
meetino, It wee ctIf'IfiM ht the.,... would eontain the fOJl~ ~~:,.. .' '. ..,.."., "'.
. "
IIAI "" C~ ~t PIen Wh being prtpIred,
thrw potenUel river ere Illoge ... bein; evtluntd. A
2.
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05/05/1998 14:02 6124396070 LEOCNEUMANLTD PAGE 02
~~:WI BOJ~, q~ER COM~. TEL:1-715-386-SS7] ~ay CS 3S lO:)~ ~J.OOl P.)~
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Pf~t to ~..,. HI,,~ ~ bridge at Sti'twet.,.
Houlton "' nMI'Ing ~; ,It is aMUmed the polici..
eltlbli8hed in thit PIM MIl not 8ft'eot thet project. A propoMl
to COMtNctWt .,.ctrioII trlNlmtHion !in.ectOM thfni~
~ i1 the Teytcn fell..8t. Croix Fall. ... Me well
In to the route ~on ~ it I. _umed IheI ttle
potidee ......... mHo plGn ".-HI not ahat thIIt P")jeGt. A
propoMl to~.~ . naturlll gu pipeline acron the
"Wf'WllCIUth of W1lcanein Int...... State p~ WIt In .
Yery .8f1y. oonceptuel'~; it Ie uncI..r If the poIle4..
Htabliltwd in thie plan will .eel that . project. ·
WNle ~ the highwcty ~ ~oet tren,mi..1on line projM:b lire taking longer then
tome might NMt on;I".lly ~ MJtherwitl be imPecCed bypollc1.. eatabUlhed in
tnte plllr1. Theoa' plpettM projGd h8J been witndnlwn by the IPPIIcInt <<td fl no longer
., avo ptOpOI8l.
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05/05/1998 14:B2 6124396070
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LEOCNELMANLTD
"".a!:l 4'98 13 ::,2
PAGE 03
P.01/01
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DEPARTMENT OF NATlJRAL RESOURCES STATE OF ~INNESO'rA
DIVISION OF WATERS Office MemoranduDl
Date.
A.ugust 13J 1997
To:
B~ian V ollu.m. ~!nDOT
'.-om:
Steve Johnson
(612) 296-4802
Fax: (612) Z9~0445
Internet: steve.joMson@dm.state.mn;us
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Sqbjed:
River Crossings-Most Recent Summary
VIA FAX - 3 PAGES
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Attached a.re two pages that contain the latest text on rive:- crossings. They rdlect the major
managementillt~mativ~sthat will be ~vaJl\ated in the Draft E1S: Altel714tiveA is It gro..vthaJtemati~
(with mJPect to land 'QSC and water use in the riverway boundary), a1~'rnatjves Band C ilfe largely
no--gr'O"Ntb options, and alternatives D and E are primarily turn-back;-the.dock options. I can. s~l1d
you more detailed descriptions of those t"Jltmativ~5 if you don't have tlltlXl and would like to see
them. In addition, the pmagral'b below wi!! appeal' somewhe~ in the draft plan:
"As thi~ Cooperative Management Pl~n was being prepared, three potential river
cros.9ings were being evalUl\ted. A proposal to replace the Highway 36.64 bridge: ill
Stillwater.Houlton'MIS nearing construction; it is asswned the policies establi,hed
in lhis plan wil.l not affect that p,roj~ct. A proposal to construct an electrical
transminion line aeroBe the riveTWay som~whete in tie Taylors Fnlb-St Croix Falls
area was well into the route evaluatior. process; it is ~sumed tlle policies establi~h<:d
in this pla.n will not affeet that project. .'\ proposal to construcr a natural gas pipeline
~ross the riverway south of Wisconsi.\l Interstate. Park was in a very early,
c.(.mcept1J.1 stage; it i! u:uclear if the ;>olicies establisheJ in this plan v.;lJ affect that
pfOj~t. "
I hope MnDOT can be well-represented at the meeting on Aug. 2 J. It is at ~he Phipps Center for the,
Arts in Hudsor.. on the riverfront, where most previous meetings hilve been held. 11 begins at 7 p.m.
u,
/tiii1i;r/1/ It{ft ltes~~. j
,....- . ~r~JJWA'N
100, .
, I F'hor.u
,Fe.'
Post.lf' Fax Note 7e71
T;t~ ~1'1,.)~J
~JI>tpl. 1
Ph9nlt*
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THE BIRTHPLACE OF MINNESOTA i)
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May 1, 1998
Randy Thorson
Planning Coordinator, Lower St. Croix Riverway
117 Main Street
Stillwater MN 55082
Dear Randy:
As a follow up to our April 24, 1998 discussion, I would like to find out the planning process used
to formulate the river cross alternatives. I do not recall or see in the record any open public
Riverway Task Force discussion of river crossing alternatives because of the sensitive nature of the
issue. The issue was offlimits.
It is surprising at this time to me that river crossing alternatives have now been formulated somehow
without significant public input and they are being discussed to develop final language for the
.Management ~lan: The river crossing alternatives as present~d have significant effe:ts on corridor
cultural and histone resources and I do not feel these resource Impacts have been consIdered through
the plan preparation process.
Call when you get back and we can discuss my planning process and bridge crossing concerns more
fully so I can provide City of Stillwater comments at the May 5, 1998 workshop.
;11
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Steve Russell, AICP
Community Development Director
cc: Dennis Gimmestad, State HPC
Roger Tomten, Chairman, Stillwater Heritage Preservation Commission
James Caskin, Rivertown Restoration
Jerry Fontaine, Chairman, Stillwater Planning Commission
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Renewal of Dock Permit-
St. Croix Boat and Packet
DA: May 1,1998
Discussion:
Accompanying this memo is an application for the renewal of the permit for the docks owned
and operated by St. Croix Boat and Packet Co. The docks (and permitting process) have been in
existence since the early '80s. The permit period is January 1, thru December 31 st. However, the
permit has not been processed until this time because the City had to determine what impact, if
any, the proposed work on the levy (riprap) in the area of the docks would have on the dock
operations.
Staff met with the Corp and affected property owners today (May 1st) and it appears that the
operations will not be affected this year (if at all). Therefore, the permit does not need any
modifications related to location, number of boats, etc. The only issue would be the amount of
fees to be charged for the permit.
The fees for the past year were $1000 per "unit". There are 6 "units" (Andiamo, Andiamo
Showboat, Majestic Lady, Empress, a floating ticket office vessel, and transient boats).
Therefore, the total fees for the prior year were $6,000. Mr. Anderson is requesting that the fees
not be adjusted for this year.
Apparently a new State law now requires that holders ofliquor license engaged in
charter/excursion operations must pay an increase in license fees ($6000 for St. Croix Boat and
Packet) of which 50% ($3000) now goes to the City of Stillwater. Mr. Anderson said that the
City should receive its share of the liquor license fee within the month.
Recommendation:
Council approve dock permit renewal for St. Croix Boat and Packet Co. including establishment
of appropriate fees.
1l~
5-01 - 1 998 1: 26P~.1
FROM
c
ANDIAMO ENTERPRISES, LLC
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P,O, B()x 406 . SliJJwltler. MN . 55082
Fax; (612) 430-8013. (612) 430-1234
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May 1, 1998
Mr Nile Kresiel
stillwater City council
stillwater, MN 55082
Dear Mr Kresiel,
We feel that after having to pay the increase in fees of
$6000.00 to the State of Minnesota, of which $3000.00 goes
to the City of Stillwater. We feel that we have paid quite
a substancial increase already, and we would appreciate it
if we could keep our city Dock fees the same as last year.
Thank yeu for your attention in this matter.
s~cere.
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Richard J. Anderson
President
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5-01 -1 998 1: 26PM
FROM
APPLICATION fOR RENEWAL
OF
DOCK FACIlITl PERMIT
Please complete the following: .
1. Name and address of Company:
~~ Croix Boat .nd Packet
312 South Main Stree~~ P.O. Box 146
Sti lln~t:~ Minn~,ota 55082
2. Type of Dock facil1ty:
-GPnllril' ~t and e.xcurs'i'on deck oroyfdfnq dockaQe for four(4) charter
and/or ~~S:lIrsion floats. oneO.1 tlQati'~ tfcket offfce vessel. a service
~t end tran,t~nt boet1
3. Oescript1on of Mooring Site: (i.e. apprgxi~ate location fr~ north or
$Quth of Int,r$t~tv Br1d9t):
ADo~xi~t~lY 1~~ feet south of East Nelson Street
4. Name and Address of Applicant:
Richard Ander$on
J-./o. St. Crab BOlt end Paciet
3}? SQw.tn Matn Street
Stillwater. M,'nnesot. 55082
Phone: 612-439-1234
D~te ..s,~ /9 ~
~. 5ig.., of Appli...t:
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DOCK PERMIT
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Pursuant to Chapter 48.11 of the Stillwater City Code, the Stillwater City Council (City) hereby
grants to the St. Croix Boat and Packet Company (Company) a Dock Permit upon the following
terms and conditions:
1. LOCATION
The dock shall be located in the St. Croix River approximately 150 feet south of
East Nelson Street.
2. OTHER RULES
The Company shall abide by the rules and regulations and permit conditions of the
Corps of Engineers of the United States Army and the Minnesota Department of
Natural Resources. Any charter/excursion vessels carrying passengers for hire and
using the docks must abide by applicable U.S. Coast Guard regulations.
3. NO GAS PUMPS
No gas pump shall be located on the dock.
4.
NO-DISCRIMINATION
.
The Company shall not discriminate against any person on the basis of race, creed,
national origin, sex or social status.
5. WATERFRONT REGULATIONS
The Company agrees to abide by all rules, regulations and restrictions set forth in
Chapter 48.11 of the Stillwater City Code relative to the waterfront.
6. SCHEDULE OF FEES
Upon request of the City, the Company shall submit a schedule of fees charged for
general and transient boat docking.
7. INSURANCE
The Company shall provide the City with Certificate of Insurance evidencing One
Millionrrhree Million General Liability Coverage of their operation, naming the City
as an additional insured under the policies as their interest may appear.
8. PUMP-OUT PRIVILEGES
The Company shall provide pump-out privileges for marine heads for any boater
.
.
requesting this privilege at the same rate and fee charged to boats that are moored
at the dock for a fee.
9.
INSPECTIONS
The City reserves the right to request inspection of heads, electrical system or other
unsafe conditions on or about the dock or any vessel moored thereto.
10. USAGE
The usage of the dock facilities shall be limited to four (4) charter and/or excursion
boats, one (1) floating ticket office vessel and a service boat not exceeding 26 feet
in length. The Company must accommodate a reasonable number of public "walk-
on" passengers and Company must also accommodate a reasonable number of
transient boats. In no event shall the boats or vessels exceed the limitation specified
in the permit issued by the U.S. Army Corps of Engineers and the Minnesota
Department of Natural Resources.
11. PERMIT FEE
.
This annual permit fee shall be $ each for the Andiamo (a 115 passenger
sidewheeler), Andiamo Showboat (a 150 passenger, rear wheeler), Majestic Lady
(a 150 passenger rear wheeler), Empress (a 250 passenger rear wheeler), a
floating ticket office vessel, and the transient boat docks for a total of $ . The
permit shall also allow a 26 foot service boat and a new dock to moor the Empress.
12.
TRANSIENT BOATS
Transient boats shall be defined as vessels that use the dock as a stop-over
privilege on a trip that does not originate from the dock. Transient boats shall be
allowed to dock for up to 24 hours only per stay. "Bareboat" charter vessels shall
be considered transient boats if the origination of the trip, including loading of
passenger, takes place elsewhere.
13. PARKING
The City reserves the right to request the Company's assistance in assuring that
patrons and guests of the Company will park in a designated municipal parking lot.
14. FIRES
No person shall build a fire in any area of the docking premises or in any vessel
moored at the dock.
15. OBSTRUCTIONS
.
The City does not by this permit accept any responsibility for dredging the dock area
or making the docking area fee from obstructions or other hazards to navigation.
STORAGE
16.
The City is in no way responsible for storage of the docks during the off season and .
the Company agrees to abide by any decision of the City with regard to storage.
17. RESERVATION OF RIGHTS
The City reserves the right to add to or amend these rules when needed to protect
the health, safety and welfare of the City.
18. DURATION
The duration of this permit shall be from January 1, 1998 through December 31,
1998.
19. TERMINATION
This permit may be terminated by the City at any time it is deemed necessary for
the protection of the public safety, health or welfare or for a violation of any of the
conditions of this permit.
Dated this _day of
,1998.
CITY OF STillWATER:
.
BY:
Mayor
Attest:
City Clerk
.
.
.
.
RESOLUTION NO. 98-116
GRANTING DOCK PERMIT TO ST. CROIX BOAT AND PACKET COMPANY
BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby grants a dock
permit (attached as Exhibit "A") to the St. Croix Boat and Packet Company for the period
January 1, 1998, through December 31, 1998.
Adopted by Council this 5th day of May, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
r.
f. ,
,
.
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\\\Jto'\AN R1GlI'l'S
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HAR'I-'ONY
RESPECT
DIGNITY
TO:
FROM:
DATE:
The Stillwater City Council
Liz Tomten, Chairperson, HRC
April 22, 1998
Human Rights Commissioner Bill Kimker resigned from the HRC in
December, 1997 (the official note is in our December, 1997 minutes). Due
to poor health, Mr. Kimker cannot easily attend meetings or participate in
other activities.
Thinking that the City Council automatically received copies of our meeting
minutes, I was not aware that you did not have a record of Mr. Kimker's
resignation. I apologize for making this assumption.
Mr. Kimker's health is quite poor, and I would like to submit this letter as a
formal resignation on his behalf, rather than to trouble him with it. I hope
this will suffice.
With Bill's spot on the Commission officially vacant, we will have five
openings on the HRC as of June 30, 1998: (mine, Louise Watson's,
Marlene Kakaliouras' and Mary Perocheschi's). I believe Mary Perocheschi
is the only one who plans to continue with the Human Rights Commission at
this time.
I hope this clears up any membership confusion.
CC: Morli
Stillwater Human Rights Commission. Stillwater City Hall. 216 North FOllrth Street. Stillwater, l'vIN 55082
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1m:STILLWATER n~T
LOGGING AND RAILROAD IJ::USEUM
April 29, 1998
The Honorabie Mayor "lay Kimble
Stillwater City Counci! Members and Staff
216 North Fourth Street
Stillwater, MN 55082
Dear Sirs:
The Minnesota Zephyr is in the process of putting on the market two (2)
railroad trolleys at a price of $45,000.00 each: These tiOlleys have been totally
refurbished and used for the past 3 1/2 years transporting passengers from the
Stillwater Depot to the South end of the city near the Andiamo.
These trolleys are standard gauge carrying 24 passengers. The trolleys
are FRA approved with a 65 horsepower gasolins air-cooled engine. Each
trolley has a sound system foriiarration and music.~A railroad lease and: -
insurance must be maintained by the purchaser. Other arrangements however
are possible.
If the City is interested in purchasing these t.rnlle}'s, p1e::i!;3 submit a letter
of interest as soon as possible, no later than June 1, 1998 to the address belmv.
A complete list of specificatjons is available upon request.
Very truly yours,
//~~
/~~
/ David L. Paradeau
President
601 NOIITH MAIN, P.o. BOX 573, STILLWATER, MINNEsarA 55082/612-430-3000/ FAX 612-430-3662
.. ,.., ~ t;..
MEMORANDUM
.
TO: Mayor and Council
FR: City Coordinator
RE: Minnesota Zephyr-
Sale of Railroad trolleys
DA: May 1, 1998
Discussion:
Accompanying this memo is a letter from Dave Paradeau, President of Minnesota Zephyr,
informing the City of the availability of two railroad trolleys at a price of $45,000 per trolley.
The trolleys have been used in the downtown area for the past 31/2 years.
I am not sure why the trolleys are being sold except that they are probably not a profitable
operation. I am sure that the trolleys are useful from time to time. However, I am not sure ifthey
are really needed to resolve the "walking problem" we have in the downtown area (related to
parking). Further, I am sure that the cost of operating the trolleys would exceed the revenues
derived from the operations.
. I would recommend that the Council direct staff to investigate this matter to determine possible
sources of funding for the purchase and operations of the trolleys. Given the cities limited
resources in this area, I would recommend that the City not consider purchasing the trolleys
unless the financing of the purchase and the operations could be from sources other than property
taxes. I would also recommend that staff determine the appropriate market value of the trolleys,
if there is an interest in pursuing their purchase and operations.
Recommendation; \
Council direct staff to further investigate issues related to purchase and operations of railroad
trolleys.
,.
~~
.
':
.
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April 22, 1998
FYI
Nile Kriesel
City Administator
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Subject:
4th Street North Ravine Erosion Control
Dear Sir:
We wish to provide you with our assessment of the 4th Street Ravine project that
directly abuts our property or is owned by us. The project is 98% complete.
We had initially discussed with City Council and staff our concerns for the changes
and were assured that upon completion this would be a friendly, less intrusive
approach. -
We want to express our heartfelt satisfaction with the final product. We trusted
your staff to choose the most environmentally friendly design and follow through
with those design promises. And they did in spades. Bravo!
We are most appreciative of Klayton Eckles, and Shawn Sanders for their advice,
knowledge and follow through in this project. It was their hard work along with a
dedicated staff that made the project a success.
~~
Jon Ludwig
722 N. Third St.
Sincerely yours,
Eric & Leslie Sletten
~ff3;;;Mt~
Chris & Corene Lentz
718 N. Third St.
~.~~ ~ <€v
Chuck LO. g.an & Jean Pieri 0 . .
713 N. Fourth St. .
~~~"~LW\;UA
"
Tim & Amy Stefan
~
cc: Jay Kimble
City Council
WASHINGTON COUNTY
6.
7.
8.
9.
1.
2.
3.
4:30
COUNTY BOARD AGENDA
MAY 5, 1998,2:00 P.M.
2:00 Board Workshop with the County Library Board - Room 100A
to
3:00 Discussion on Woodbury Library
3:30 Board Workshop with County Legislative Delegation -Room 100A
to
4:30 .1998 LegislativeWrnplJp
Roll Call
Consent Calendar
Community Services Department, Workforce Center - D. Papin, Director
Car Care Clinics for W elfare-to- Work Initiative Through McKnight Grant
Public Works Department - D. Wisniewski, Director
A. Bid Award for County Road Preservation Projects
B. Hardwood Creek Trail Project
Discussion from the Audience
Dennis C. Hegberg
District 1/Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dave Engstrom
District 5
Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to
limit your address to five minutes.
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters
of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because of discussion will be scheduled for a future board meeting.
Board Correspondence
Public Hearing - Office of Administration - J. Schug, County Administrator
Surface Use of Svlvan Lake Ordinance
Estimated Adjournment
***********************************************************
Date
May 6
May 6
4:30
4.
4:35
5.
5:00
5:15
7:30
MEETING NOTICES
Committee
Time
Location
Metropolitan LRT Joint Powers Board
Plat Commission
8:30 a.m.
9:30 a.m.
Hennepin County Government Center
Washington County Government Center
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call 430-6000 (TDD 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMlV1ISSIONERS
CONSENT CALENDAR*
MAY 5, 1998
The following items are presented for Board approval/adoption:
_EPARTMENT/AGENCY ITEM .
Auditor-Treasurer
A. Approval of abatement applications for homestead classification, value and
penalties.
B. Approval of resolution, authorization to conduct excluded bingo application
from Scandia-Marine Lions, to be used at Scandia Community Center,
Scandia Township.
C. Approval to order reappraisal of tax-forfeited parcel #57950-3424 or
geocode 07.029.21.24.0091 remaining unsold after last public auction and
withdrawing such parcel from remaining sale list; and authorization for
Auditor-Treasurer to offer parcel #57950-3424 or geocode
07.029.21.24.0091 to adjoining owners at a private sale.
Community Services
D. Approval of agreement with Twin Cities Tree Trust to provide services for
the 1998 Summer Youth Program.
Health, Environment and
Land Management
E. Approval to submit an ASSIST grant application to the Minnesota
Department of Health for $11,000 to reduce smoking rates and exposure to
secondhand. smoke in Washington County for the period October 1, 1998
through September 30, 1999.
ttUblic Works
F. Approval to buy back from Boyer Ford Truck, Inc., one 5 yard single axle
truck, unit #88-671 used as a trade-in for the purchase ofa new 1998 5 yard.
single axle truck for Public Works; and approval to advertise for the sale of
one motor grader, unit #90-724.
.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in
one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
..
.
NOTICE OF APPLICATION
TO:
All City Managers and All Carriers Operating within the Minneapolis/St. Paul
Metropolitan Area on the Minnesota Public Service Commission's List of
Certificated Local Exchange Telephone Carriers
FROM:
Richard M. Rindler, Esq.
DATE:
April 24, 1998
RE:
Application ofNorthPoint Communications, Inc. for a Certificate of Public
Convenience and Necessity to Provide Facilities-Based and Resold Local .
Exchange Telecommunications Services Throughout the State of Minnesota
This is to notify you that the above-referenced application was filed with the Minnesota
Public Service Commission on April 27, 1998. If you would like to receive a copy of the .
application, please call Richard M. Rindler at (202) 424-7500.
.
..
.
MEMO
1998 PARK EVENTS SO FAR
EAGLE WATCH LOOKOUT AT LOWELL PARK GAZEBO ON MARCH 28TH
AND 29TH AND APRIL 4th and 5th FROM 11am to 4pm each day.
EASTER EGG HUNT AT LOWELL PARK ON APRIL 11th from Sam to 1 pm
MARCH OF DIME WALK APRIL 26th START AND FINISH AT THE JR. HIGH
SCHOOL PARKING LOT.
SPRING ART FAIR MAY 16th & 17th AT LOWELL PARK.
TASTE OF STILLWATER JUNE 19th,201h & 21st AT LOWELL PARK.
MUSIC IN THE PARK JUNE 24th, JULY 1St, Sth and 15th RAIN DATE JULY 29th
DOWN IN LOWELL PARK.
LUMBER JACK DAYS JULY 22ND_26TH
MINNESOTA TERRITOIAL CONVENTION SESQUICENTENNIAL
CELEBRATION AUGUST 26TH AND 29TH AT PIONEER AND LOWELL PARK.
. STILL WATER BICYCLE CLASSIC SEPT. 20th AT PIONEER PARK..
FALL ART FAIR OCT. 3rd and 4th at LOWELL PARK..
AMERICAN DIABETES ASSOCIA THION WALK OCT. 3rd START AND FINISH AT
PIONEER PARK.
.
You are cordially invited to attend a reception on
Thursday, May 14, 1998 from 3:30 - 5:30 at
Woodbury City Hall, 8301 Valley Creek Road,
to welcome
Big Brothers. Big Sisters
to Washington Cc,ntnty
. Program begins at 4:15 p.m.
Special welcome from Washington County CommiSsioner, Myra Peterson.
. . ,
Please RSVP to the main BB.BS office at 224-7651
Kathryn Nfiron, Executive Director
Communitygol~n~~lf!s~ces ..
.,.;~,'~_'~_~:'ft.,\t-<~~:,:; _': "'~:"1~:- .:~ -
,,'. ".J .~'. '<."....,:..,.;.._.. . "'. .,.<..t..,_,,'''/.,
Grace Bushard, C:~Ordinatar
Family Links Family
Family Services Collaborative
. . -~~ ;~';,":-~ . :
,. ~,. .....: ,,:",:, ',- -"-',' ':',,"
JoanAl11t~F~~
Kids Firs~ iCe',
C"'.' ,,' :.,'._'; > '. '. , ~
'- ,<
Mary Lou qorski
St. Croix Va!1ey
Family Services Collaborative
Mary Scott
Tri-County Youth and
Family Parhlership
Mar~Kuppee, Coordinator .
Washington County Children's
Mental Health Collaborative
Laura Hutt, Volunteer Supervisor
South Washington County Schools
...
.
.
.
" LOWER
ST. CROIX
National
Scenic Riverway
INTERAGENCY PLANNING TEAM
.
COORDINATION OFFICE .117 Main Street, Stillwater, Minnesota 55082. (612) 439-7122
TO:
Lower St. Croix Planning Task Force; Local Governments;
Interagency Contacts.
FROM:
Buck Malick, Chair, Lower St. Croix Planning Task Force
Randy Thoreson, Coordinator, Lower St~ Croix-Planning Task Force
DATE:
April 24, 1998
Greetings! This is an exciting time for the Lower St Croix National Scenic Riverway! After two years of
extensive input and discussion, major historic agreements on land and water management issues were
reached at the Preferred Alternative Workshop held April 17th and 18th at the Phipps Center in Hudson,
Wisconsin. Attended by 150+ people, the intensive two-day workshop represented a wide range of
interests speaking to the diverse and unique character of the river as well as adjoining lands in Minnesota
and Wisco~in. A big round of applause to all those that participated in this historic workshop!
Without losing any Steam, we are now ready to get together as a group again and proceed with the next
stages of the Lower St. Croix Riverwav Manmrement Plan and associated Environmental Imoact
Statement CEIS)._ Work will also take place later this spring and into the summer on an overall Watershed
Stewardshio Statement for the Lower St. Croix Riverway area. Following is a schedule for the next
couple of months:
.
Tuesday, May 5 (7:00 to 9:00 p.m.)* . .
. Topic: Continuation of the April 17th and 18th Preferred Alternative Workshop. Using the
continuation of a facilitated open negotiation process, key discussions and decisions will
be made on subjects such as "Riverway Crossings, " "Vegetation Management," and
"Island and Public Shoreline Management." An overall "Riverwid~ Philosophy" and
"Common Actions" will also be agreed upon based on direction from the April
Workshop.
Tuesday, May 19 (7:00 to 9:00 p.m.)*
Topic: Management Structure Workshop. Various options for the land and water
management of the riverway, based upon the preferred alternative decisions, will be
reviewed and discussed. A preferred ''Management Structure" concept will then be
carried forth through the Cooperative Management Plan formulation and EIS process.
Upcoming:
Tuesday, June 16 (1:00 to 5:30p.m. And 7:00 to 9:00 p.m.)
Lower St. Croix Management Commission Resolution Meeting
St. Croix County Government Center
1101 Carmichael Road. .
Hudson, WI
Tuesday, June 23 (7:00 to 9:00 p.m.)
Appendix A (Land Use Zoning Guidelines) and
Appendix B (Water Use Guidelines)
. *All meetings held at Phipps Center in Hudson unless otherwise stated
N...... """ SeM" · us. 0_ '" ...,""""', , b rl ~ of -......."'" · sa.. "'-
Department of Natiural Resources . State of Minnesota _ ~ Minnesota-WISCOnsin Boundary Area Commission
~ IK___ ~~
APR-~4-19S9 15:13
C IT]" OF OPH
P.02/03
.
5:00
7 :00 1.
7:05 II.
7: 10 II!.
7:25 IV.
7:30 V.
800 VII.
CITY OF OAK PARK HEIGHTS
CITY COUNCn. MEETING AGENDA
TUESDAY, APRIL 28, 1998
5:00 P.M. AGENDA
.
Infonnational Meeting to discuss the Oak Park Crest Area
7:00 P.M. AGENDA
Call To Qrder! Approval of Aienda
Department/Council Li~~on Re.ports
A. Parks
B. Cable (1), (:%)
C. Water Management Organizations
D. Recycling A ward (3)
E. Oak Park Heiihts Business Associaticn
F. Bridge Reports
VisitQ1]
A. Questions regarding garbage bills
B. Cbuck Hedlund, 13991 56th SlZ'eet North and Lon Letourneau, 13990 56th Street Nordt
This is an oppol'1W1iry fa, the public 10 address the Cou11&il with que:stio11S or cor.r:e1'1lS 011 issues nOl
part aftM agenda. (PJea.s1l limit comlr.ents to 3 minJde:s in leT/gth)
Consent Aienda (Roll Call Vote)
A. Approve Bills &. Invmments
B. Approve Boar d of Review Minutes - April 7, 1998 (4)
C. Approve City Council Minnte.s - April 14, 1998 (5)
D. Approve Board of Review MinUtes. Apri121, 1998 (6)
E. Approve purchase of refurbished phones for City Hall (7)
F. Resoiution 98-04.33 - A Resolution Authorizing General Fund Re$erve f',r Employee Insurallce
Benefits (8)
.
Public H~aril'lfS
A. Set a public hearing fQf May 12, 1998 to review an application by Menard's for a sign variance (9)
B. Public; Hearing to review establishment of planning tommission proposal (10)
C. Public Hearing tQ review amendment of mobile borne: ordinance (11)
New Business
A. Proposal from engineer reg31din; water supply and distribution plan (12)
B. Nomination of Councilmember Robert for th~ Association oiMetropoIitan Municipalities'
Transportation Advisory Board (13)
C. Rllque:lt to join the Metro East Association (14)
D. Approval of MnDOT's'Highway 36/Highway S landscape plan (15)
E. Authorization of $2,500 from NSP to iinish the prairie restoration and begin work on wetland
bodge (16)
F. Proposal to provide assistance in understanding NSP's fly ash and its proposed use (17)
G. Washington County notice to adopt a youth tobacco ordinance (18)
.
.
.
.
APR-24-1998 15:13
CITY OF OFH
P.03/03
8:30 VI.
Old Busines~
A. Resolution approving the bid for construction of Neal Avenue/58th Street intersection (19)
B. Stillwater Ford sewer charges and assessments (20)
c. Resolution adopting the 1998/1999 goal:l established from strategic plar.ning workshop (11)
D. Authorize hiring of a secretary for the Community Development Department (22)
9:00
Adjoummem:
Social gathering at Applebee's restaurant after adjournment of Council meeting.
TOTAL F.03
.
April 23, 1998
STILLWATER TOWN BOARD MEETING,
Town Hall
7: 30 P. M.
PRESENT: Chairperson David Francis, Supervisors Louise Bergeron,
Jerry Hicks, David Johnsona and Sheila-Marie Untiedt.
Also, Engineer Paul Pearson, Peace Officer Steve Nelson,
Planner Meg McMonigal and Attorney Tom Scott.
1. AGENDA - M/S/P Bergeron/Untiedt moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Bergeron moved to approve the 4/9/98 Stillwater
Township Board of Review Meeting minutes as written. (5 ayes)
M/S/P Untiedt/Bergeron moved to approve the 4/9/98 Johnson Variance Hearing
minutes as written. (5 ayes)
M/S/P Bergeron/Untiedt moved to approve the 4/9/98 Stillwater Town Board
Meeting minutes as written. (5 ayes)
M/S/P Untiedt/Bergeron moved to approve the 4/14/98 Stonebridge Trail
Meeting minutes as written. (5 ayes)
3. PEACE OFFICER REPORT -
1. Update Zoning Ordinance violation at Random
Creek Ranchettes. Clerk to follow up with
Dennis O'Donnell about types of activities
allowed there.
2. Update burning permit violation at Nicanna
Hills Subdivision.
3. Handled motorbike violation on 116th Street.
4. Speed device to be on the scene shortly.
.
4. TREASURER-
1. Report given.
2. Claims #2059 thru #2073 and checks #13164
thru #13173, #13307 thru #13309 were approved
for payment.
3. Transfer of $2,000.00 to be made into the
environment fund.
4. A new fund will be set up for building
inspection.
5. BUILDING INSPECTION -
1. County has released us from our contract
with them.
2. Township contract to begin mid april since
our inspector was asked to take over
immediately by the county.
3. Letter will be sent to the county that our
.
.
~
Stillwater Town Board Meeting - 4/23/98
Page Two
inspector has started his duties.
4. Chris Kearney will get information for the
township regarding his backup inspector.
5. Clerk to order septic permits in a timely
fashion for comparison with permits submitted
for reimbursement.
6. Inspector to be reimbursed for plan review at
the beginning of the review process. Building
permit fees may be reimbursed as various parts
of the process are completed.
M/S/P Bergeron/Untiedt moved approval of ordinance 120 setting building
inspection fees. (5 ayes)
M/S/P Bergeron/Johnson moved approval of the building inspection contract
with Chris Kearney. He will receive 85% of 90% of the UBC rate and 100% of
the plan review. (5 ayes)
6. PLANNING COMMISSION APPLICANT - M/S/P
Troy Schifsky to the Planning Commission.
JOhnson/Bergeron moved to appoint
(5 ayes)
7. OAK WILT - M/S/P JOhnson/Untiedt moved to approve Steve Cook Company to
provide an oak wilt control program for 1998 as outlined in scenario A of his
letter dated April 16, 1998. (5 ayes)
. KLAYTON ECKLES - Complaints have been received that the City of
il1water has been putting in sewer/water lines and started trail
development in that goes through the southern part of the township.
By prior agreement the township was to have been notified and wasn't.
The Supervisors reiterated again that they expect information about
such activities in a timely fashion. Township resident Wayne Johanson
spoke about never being notified of work to be completed that would
impact his property. Mr. Eckles apologized and will send someone out
to talk to him. Mr. Eckles r~viewed the ongoing projects.
.
9. JOHNSON VARIANCE - M/S/P JOhnson/Bergeron moved that the findings of
facts and variance be approved for the Orville Johnson property at 8820 Neal
Avenue North, Stillwater Township. (5 ayes)
10. CURTISS HILLS OUTLOTS - M/S/P Bergeron/Untiedt moved that the clerk
may sign the reduction in valuations requests for outlots A, C, F in Curtiss
Hills Subdivision. (5 ayes)
M/S/P JOhnson/Bergeron moved approval of two U. S. West permits as
recommended by the engineer. (5 ayes)
11.
PUBLIC WORKS -
1. The weed inspector will be at the next
meeting. Weed information to go on the web.
2. The clerk to notify the county that Stonebridge
Trail is the only collector road in Stillwater
Township.
12. PARK REPORT - Park committee members want to start all their meetings at
7:00 p.m. The burn and some wild flower seeding has taken place at the park
in Arcola Heights Subdivision.
Stillwater Town Board Meeting - 4/23/98
Page Three
13. PLANNING COMMISSION REPORT - Members toured a cluster development and.
will look at aspects of it for possible inclusion in the comprehensive pla
14. STONEBRIDGE TRAIL WORKSHOP FOR SUPERVISORS - A meeting for the
supervisors to discuss Stonebridge Trail will be held at 7:00 p.m. on
May 12. Meg McMonigal is to be present with traffic calming ideas.
Observers are welcome.
15. TOWN HALL RENOVATION - Discussion at the next meeting.
16. OPEN SPACE COMMITTEE - This committee is being reactivated and would
like a township representative. Park committee members will be asked for
a volunteer. Meeting to be held at 4 p.m. on May 12, 1998.
17. RIVARD PROPERTY - Steve Russell has notified us about the city's attempt
to purchase the Rivard property and locate a water tower and playing fields
there. They are interested in knowing if the township would participate in a
development concept.
18. ADJOURNMENT - Meeting adjourned at 11:20 p.m.
Clerk
Chairperson
.
Approved
.
04/21)/98 20:0i
'U6124394i05
STILLWATER TWP ~~~ K NELSON
@002
Stillwater Township
. Calendar
Chair Francis
May 2 Heavy Metal Day 8:00 NJj - 1 :00 PM
May 4 Public Works Department Meeting 7:30 PM
May 7 Planning Commission Meeting 7:30 PM
May 11 Park Committee Meeting 7:00 PM
May 12 Stonebridge Trail Workshop 7:00 PM
May 14 Town Board Meeting 7:30 PM
May 21 Planning Commission Meeting 7:30 PM
May 28 Town Board Meeting 7:30 PM
Chair Francis
June 4 Planning Commission Meeting 7:30 PM
June 8 Park Committee Meeting 7:00 PM
June 11 Town Board Meeting 7:30 PM
.
June 25 Town Board Meeting 7:30 PM
.h
. Pat Bantli
April 26. 1998
Enron Transportation
& Storage
Sen,ices Provided by Northern
Natural Gas Company and
Transwestern Pipeline Company
1600 West 82nd Street, Suite 210
Minneapolis, MN 55431
(612) 887-1700
Canton, MN
Fannington, MN
North Branch, MN
Owatonna. MN
218-384-4211
612-463-7126
612-674-4488
507-451-7760
Negaunee, MI
Ventura, IA
Harrisburg, SO
Willmar, MN
906-475-4111
515-829-3816
605-743-2541
320-235-2558
April 8, 1998
After reading the following letter, please forward it to other Emergency Resource Personnel, such as Police
Department, Fire Department, Rescue People, and Township Supervisors.
Northern Natural Gas Company wishes to inform you that we operate and maintain a high-pressure natural gas
pipeline system. Northern Natural Gas supplies natural gas, via an underground pipeline system, to your local natural
gas utility. Yellow identification and caution signs are installed wherever pipelines pass under roads, streams, fence
lines or at any above ground facility. "Town Border Stations," the facilities where natural gas is regulated, measured,
and delivered to the local utility, are normally located near the edge of town.
You should be aware that natural gas
. remains gaseous from wellhead to burner tip
. is 1/3 lighter than air, rises rapidly and dissipates into the atmosphere
. is not poisonous but can cause suffocation
. is flammable only when mixed at the proper fuel/air ratio
. is colorless and odorless prior to odorization by the local utility
Our pipelines and related facilities are designed with safety margins and are regularly monitored to assure safe,
economical, and dependable service to our customers and the general public. The maximum allowable operating
pressures of our facilities range from 10 psi to 1440 psi. These operating pressure limits are dependent upon
component size, strength, qualification testing, population density and similar factors.
Northern's definition of an emergency is "Any situation demanding immediate corrective action involving Company
facilities or operations, which may endanger human life or property, or which may affect normal service to customers."
An emergency situation could consist of a release of natural gas in an uncontrolled manner. The release could be
caused by damage from outside forces, mechanical failure or other factors. Some indications of a natural gas
emergency could be a loud, shrill noise; strong gas smell in the air or the obvious damage to a component on our
system by an outside force. An uncontrolled release of natural gas could result in fire and/or explosion.
We would expect that Emergency Response Agencies would take appropriate action to minimize danger to the public
during any natural gas emergency. The situation should be reported to the nearest Northern operating location phone
number listed above.
The above numbers are our 24-hour emergency numbers. The person on duty will assure the proper company
personnel are contacted. Our crews are trained to respond to emergency conditions that involve our facilities. They
will assure the situation is controlled and repairs to our system are completed. Because of the travel distance for us to
some of our facilities, we may need your help and cooperation in evacuating and securing a gas emergency area, if
deemed necessary, and assuring that all sources of ignition are eliminated. Attempts to extinguish a natural gas fire
with water or extinguishers should, generally, not be made unless necessary to enhance the immediate safety of the
public or its property. The best way to put out a natural gas fire is to eliminate the gas source. It is important to note
that an extinguished natural gas fire has the potential to re-ignite, which could result in an explosion and further
damage or injury.
Upon their arrival at a gas emergency, our employees will control the gas flows and minimize any danger to the
general public. Repairs and restoration of service will be completed as expeditiously as possible.
Northern appreciates your interest and help in any emergency situation. We have a safety presentation on natural
gas transmission lines. If you feel your organization would benefit from viewing this presentation, please contact
Roger Boyce at 612-887-1713; and he will make the necessary arrangements. If you have any questions or concerns,
or would like more information on what should be done in the event of an emergency, please call the nearest Northern
office.
Mark Adelmann
Director of Operations
Natural gas. Electricity. Endless possibilities.™
.
.
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WASHINGTON COUNTY
Dennis C. Hegberg
District 11Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
COUNTY BOARD AGENDA
APRIL 28,1998,9:00 A.M..
Dave Engstrom
District 5
Roll Call
Consent Calendar
Accounting Department - 1. Devine, Controller
Certificate of Achievement for Excellence in Financial Reporting to Washington County
General Administration - J. Schug, County Administrator
HRA Conduit Financing for Lakeview Hospital Addition
Discussion from the Audience
Visitors may share their concerns with the County Board of Commissioners on any item not on' the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to
limit your address to jive minutes.
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on commillee activities. make comments on mailers
of interest and information. or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because of discussion will be scheduled for a future board meeting,
Board Correspondence
Adjourn
Board Workshop with H.E.L.M. Department
Review Planning Advisory Commission Recommendations on Shoreland Management
Ordinance
Board Workshop with Office of Administration
Technology Vision & Strategic Plan
***********************************************************
Date
April 27
April 28
.130
MEETING NOTICES
Committee
Time
Location
Library Board
Plarming Advisory Commission
Internal Audit Advisory Committee
6:30 p.m.
7:00 p.m.
3:00 p.m.
Oakdale Library
Washington County Government Center
Washington County Government Center
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call 430-6000 (TOO 439-32201
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
APRIL 28, 1998
The following items are presented for Board approvaVadoption:
DEPARTMENT/AGENCY
Administration
Auditor- Treasurer
Health, Environment and
Land Management
Public Works
Recorder
Sheriff
.
ITEM
A. Approval of the April 14 and 21, 1998 Board meeting minutes.
B. Approval of resolution, application for premises permit renewal from the Lions
Forest Lake Club, to be used at Old Log Cabin, Forest Lake Township.
C. Approval of resolution, application for premises permit renewal from the Lions
Forest Lake Club, to be used at Vannelli's on the Green, Forest Lake Township.
D. Approval of abatement applications for homestead classification, waste
management fee corrections, and city special assessments.
E.
Approval of request to modify the Temporary Food License Fee from $70.00
(3 day event fee) to $20.00 (non-profit status fee) per vendor for an event being
held by the Hmong American Partnership at the Washington County Fairgrounds.
F.
Approval and execution of supplemental agreement no. 1 for reconstruction of
CSAH 2 from the west ramps ofI-35 and 12 mile west in the City of Forest Lake.
G.
Approval of resolution, final payment to Dresel Contracting, Inc. in the amount
of$105,099.59 for County Road 52 reconstruction.
H.
Approval to renew office lease at Historic Courthouse for Loeffel Engstrand Corp.
Approval ofresolution, convey unneeded right of way on CSAH 27 to City Of.
Birchwood.
1.
J.
Approval of resolutions, awarding seasonal materials for sand supply to Camas
Minnesota Inc. and M.J. Raleigh; Plant mixed bituminous material supply to
Commercial Asphalt, River City Asphalt, T.S. Schifsky and Tower Asphalt
conditioned upon the execution of a contract as required by law.
K. Approval of the plat of Nielson Lake Estates, New Scandia Township.
L. Approval for the County Board Chair and County Administrator to execute the
contract for extra funds from the Department of Natural Resources (DNR) to
assist in enforcement ofBWI Laws. .
M. Approval for the County Board Chair and County Administrator to execute the
1998 law enforcement contracts with the following communities: Afton,
Lakeland, St. Croix Beach, St. Mary's Point, Lakeland Shores, Mahtomedi,
Dellwood, Willemie, Hugo, Lake Elmo, Forest Lake Township and Grant.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved It
one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
.
.
~,--
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CENTRAL ST. CROIX VALLEY / ';! AAf 23 f.S::;::
JOINT CABLE COMMUNICATIONS COMMISSION-_
, ----
~------ .~---
MEETING MINUTES --'--"-
Wednesday, April 15, 1998
CALL TO ORDER
The regular monthly meeting of the Cable Commission was called to order at 7:32 p.m.
by Chairman Jerry Turnquist (Oak Park Heights) at Bayport City Hall.
ROLL CALL
Present: Ann Bodlovick (Stillwater), Gary Talbot (Stillwater), Sharon Ridgway
(Bayport), Patrick Chapman (Bayport) and Gail Bush (Oak Park Heights).
Also: Steve Hanson, Karen Wandmacher, Dave Magnuson, Don Fixmer and Kathy
Cinnamon.
APPROVAL OF AGENDA
MOTION by Ann Bodlovick to approve the agenda, seconded by Sharon Ridgway.
MOTION CARRIED. ..
APPROVAL OF MINUTES: Annual Meeting & Regular Meeting - 2/18/98
MOTION by Ann Bodlovick to approve the Annual Meeting Minutes and Regular
Meeting Minutes of February ,18, seconded by Gail Bus,h: MOTION CARRIED.
NEW BUSINESS
1. King Videocable Company Report - was received.
a. Complaint - Commission member Talbot issued a letter of complaint to the cable
company that Joe Goulet was advertising t-shirts and cigarette lighters for sale on his
program and that he also was giving the access center phone number as a place
where people could call for these products. Steve Hanson stated he spoke with both
Roy and Joe Goulet and that there are no t-shirts or lighters for sale; that the whole
thing was a "spoof". Gary asked for a letter from the producer stating that there are no
t-shirts or lighters being sold. Steve Hanson will check with the producer and their
legal council and get back to us.
2. Access Center Report - Equipment Request
Roy submitted an equipment list of items needed for the access center. The
Corporation board approved of all of the items; they will be paid for with Joint
Equipment Funds. MOTION by Gary Talbot to approve the equipment requests,
seconded by Gail Bush. MOTION CARRIED.
3. Corporation Report .
. Karen stated that they had their Annual Meeting and that their officers stayed the same
4/15/98 Commission Meeting - Page 2
.
with the exception of the secretary is now Art Edlundh. Gail Munkelwitz and Margo
Rheinberger have renewed their board terms. The Corporation presented an
application for a new board member and introduced her ~ Barbara Strandsky.
MOTION by Ann Bodlovick to approve the new board member and the reappointment
of Gail & Margo, seconded by Gary. MOTION CARRIED.
Karen stated that Art Edlundh will be checking over the old playback decks (which
were just replaced with the last joint equipment purchase) and doing some repairs.
The board will be gifting a deck to the Commission for Don's use.
4. Cable Commission Business
a. Approval of Revised Needs Assessment Document - Commission
members thought that the document was well done and had one addition: that it be
clearly understood that when we relocate the studio, wherever it is, that the company
make I-Net connection without charge. Chairman Turnquist requested that we send a
copy to our 3 member Cities for their review and comment, and that if they have any
comment that the Commission needs to have it by May 11th so we can amend the
document at the May meeting. MOTION by Gary Talbot to approve the Needs
Document. with the discussed addition, and give the Cities the opportunity to comment
on it by May11 th, seconded by Ann Bodlovick. MOTION CARRIED. Ann requested .
that our 2 public libraries also receive a copy for the public to review.
Chairman Turnquist stated that there are some concerns about having the new
franchise run for 15 years. Dave Magnuson advised that amendments can be made
to the franchise, mutually agreed upon between the Commission and the Cable
Company.
b. Transfer of Public Access from Cable Company to the Commission
Bob Vose drafted a resolution for the transfer of community television programming
responsibilities from King Videocable Company to the Commission. Steve Hanson
objected to the 2nd "whereas" paragraph, which says that the Company and
Commission have discussed and agreed in principle to the divesting of responsibility
for community television programming; he stated that there haven't been any
discussions or agreements on this. The Commission decided to omit that particular
paragraph and pass the resolution. MOTION by Ann Bodlovick to pass the resolution
transferring community programming from the cable company to the commission and
deleting the 2nd "whereas" paragraph. Seconded by Gary Talbot. MOTION
CARRIED.
c. Set up Workshop - Chairman Turnquist stated that there needs to be a
workshop to discuss some renewal issues, such as business plans for running
community programming and space needs. A workshop was set for Monday, April
.
.
.
.
4/15/98 Commission Meeting - Page 3
27th at 6:30 p.m. at Oak Park Heights City Hall, if available.
Negotiating Committee - There was some discussion about whether some
Commission members should be present during negotiations. Dave suggested that it .
would be a good idea to have some people, less than a quorum, that could be
contacted on short notice in case there were some questionslissues that came up,
instead of calling a meeting of the entire Commission. Ann Bodlovick, Gary Talbot and
Jerry Turnquist were all willing to serve on the negotiating committee.
d. Review of transfer of US West to Media One - Dave explained the US
West/Media One split; that US West is the parent company and that Media One is a
spin off, and drew up a resolution for the Commission's approval. MOTION by Gary
Talbot to adoptthe resolution ratifying prior consent to change of control by US West,
as renamed MediaOne Group, seconded by Patrick Chapman. MOTION CARRIED.
Steve Hanson indicated that US West has paid the penalty for termination of the deal
with Charter Communications and that everything has been settled.
e. Letter from Pat Chapman - Patrick submitted a letter to the Commission
regarding the handling of complaints. He suggested that all complaints be directed to
the Corporation, who could deal with the issue and report to the Commission. Ann
suggested that we leave things the way they are being done currently because
renewal is coming up and it hasn't been decided who will be running things. The
Commission will continue to receive and handle complaints.
CONSENT AGENDA
MOTION by Ann Bodlovick to approve Resolution 98-4-15 for payment of billslfunds
transfer, seconded by Gary Talbot. MOTION CARRIED.
AFFIRM NEXT MEETING DATE
The next monthly meeting will be held on Wednesday, May 20th at Stillwater City Hall,
if available.
ADJOURNMENT
MOTION by Gary Talbot to adjourn the meeting, seconded by Patrick Chapman.
MOTION CARRIED. Meeting adjourned at 8:08 p.m.
Submitted by Kathy Cinnamon
Apr-22-9a 09:39A Cra;g F Le,ser
.......,
612-439-9638
P.Ul
BROWN'S CREEK WATERSHED DISTRICT,
.
APRil 27, 1998
WorkshOp and Regular Meeting
1, Call to order @ 6;30 PM
2. Review of Stillwater AUAR Project(s) (Eckles)
3. Presentation and discussion of potential options ra GoggtnsiSchOOI Section
Lake outflow (Emmons & Olivier)
4. Discussion of Landscape Enhancement project for Brown's Creek (ONR,
Doneux)
5. Close workshop meeting @ approximately 8:45 PM
6. Convene regular meeting @ 9:00 PM
7, Approval of minutes from 4/13/98 Meeting
8. Treasurer's report (Gordon)
9. Review of Rules Proposal (Kilberg, Smith) ·
10. Discussion of separation of Amendments for action (Leiser)
11. Discussion of Kismet Basin solution, engineering plan (Ooneux)
12. Discussion of priorities from objectives listing from 4/13/98 (Leiser)
'13. Other business
14. Adjournment @ 10:30 PM, approximately
.
.
Minutes of Meeting
Browns Creek Watershed District
March 30, 1998
Approved
In Attendance:
BCWD Board of Manaaers
Craig Leiser
Ned Gordon q
Dan Potter
Karen Kilberg
Jon Michels
Others
Mark Doneux, SWCD
Louis Smith of Smith Parker, Legal Counsel Elect for BCWD
Matt Moore, BWSR
Brett Emmons of Emmons & Olivier Resources
Cecelio Olivier of Emmons & Olivier Resources
Annette Drewes, MNDNR
Molly Shodeen, MNDNR
Kim Reeves, Recording Secretary
.
Citizens Advisory Committee Members: Pamela Bjorum, David Truax, Stuart Grubb,
Ron Pearson, Angela Anderson, Bill Johnson, Paul Leonard, Alan Kemp
Citizens: Peter Schwartz, Nance Purcell, Bill Hinton
1. The meeting was called to order at 6:38 p.m. by Craig Leiser.
2. Presentation by Mark Doneux, SWCD:
. Precipitation graphs, well water graph, and water level graph.
. Discussion of rain gauge network, pond levels, water quality. Gathering
data from the watershed (Le., rain gauge, lake level gauge). .
3. Criteria for Landlocked Basin:
. What is a land locked basin? DNR, FEMA, SWCD definitions: Citizen's
Advisory Committee to decide "what is a land locked basin" based on DNR,
FEMA, or SWCD.
. Identify, within the BCWD, which are land locked basins?
.
. Identify, quantify, and prioritize problems - road issues, wells, septic (public
health), homes, utilities, usage (Le., pastures, etc.), emergency services,
habitat, proposed land use changes (Le., all roads must be blacktopped),
value of property, etc.
. Decide how the Land Locked Basin Taskforce should be made up.
. Criteria definition - specific, and in writing from state agencies.
.
. Economics/Timing - how do we preserve and protect the existing
natural resources and at what cost. Problem elimination, source of
funds. To be determined by Board liaison (Kilberg and Michels).
. Who should be on the Land Locked Basin Taskforce? Stakeholders:
representation from the BCWD Board (liaison Jon Michels and Karen
Kilberg), developers, Trout Unlimited, DNR, citizens living on affected
lakes, one or two person liaison from the CAC (to be determined),
technical support from the State agencies, engineering support.
. Two specific situations - Goggins/School Section Basin and the Kismet
Basin.
. Facilitation - agencies can be used as a technical advisory committee -
who? DNR to make Roger Williams available to the task force.
. Outcome: recommendations for BCWD Board action.
. Look at Goggins, School Section, Kismet - how do we immediately address
the problem areas.
. Take a look at potential problem areas later.
4. Second Generation Plan: July 1, 1999 or June 1, 2000 schedule of completion
(to be determined by Matt Moore of BWSR).
.
. Mark Doneux distributed Second Generation Plan Development Criteria
Matrix (attached).
. Resources: H&H, SWGD/DNR ++ data, old plan, AUAR, University of
Minnesota Landscape Arboretum, S1. Croix Research Station, Municipal
Comp Plans, CAG (T AC tool), Montgomery Watson study, other plans,
8410.
. Criteria: time of completion, 8410, cost/benefit analysis/economics,
political acceptance, specific targets and agencies, viable alternatives,
"implementability."
. Outcome/result: salable watershed plan, 1 03B/841 0 criteria, lead to
operating rules, natural resource outcomes (Le., extremely healthy,
sustainable watershed within the metro area), flexibility, cost of
maintenance.
5.
6.
Workshop meeting adjourned at 8:55 p.m.
Citizen's Advisorv Committee Issues: requests that public notice be made for
the CAG meetings and meeting space be arranged (preferably at the Curve
.
.
.
.
Crest location); to help the CAC become familiar with the watershed, request a
tour of the watershed similar to the tour made by the BCWD. Until the Board has
specific advice from current legal counsel, the CAC will be treated with the same
rules as the open meeting laws.
Business meeting called to order at 9:15 p.m.
7. Minutes of March 9. 1998 meetinq - A motion was made by Ned Gordon and
seconded by Jon Michels that the minutes, with three amendments, be
approved. The motion passed unanimously.
8. Treasurers Reoort - Ned Gordon: Copies of the bank balance and copies of
current bills were distributed. A motion to approve the bill list was made by Ned
Gordon and seconded by Karen Kilberg. The motion passed unanimously.
. CAC Board compensation - a request that Board members be paid at the
same rate for CAC meetings as for Board meetings was made.
. A loan in the amount of $150,000 from Washington County will be
available after the April 11, 1998. The loan agreement will be sent to
Louis Smith of Smith Parkerfor approval.
.
The insurance binder will expire on April 23. 1998. A determination must
be made as to whether or not Board members are employees. The IRS is
of the opinion that Board members are not employees and do not have to
account for per diem allowance.
9. Leaal Contract Aooroval and Execution - Karen Kilberg: the contract with Smith
Parker was reviewed and discussed by the Board.
. A motion to accept the Legal Services Agreement as amended was made by
Karen Kilberg and seconded by Jon Michels. The motion passed
unanimously.
. A motion requiring that the endorsement of legal service requests, outside of
normal retainer parameters, be initiated only by Board action and majority
vote; or, in the case of an emergency, by a telephone poll of at least three of
the Board managers with the approval of at least two managers, was made by
Ned Gordon and seconded by Jon Michels. The motion passed unanimously.
. Karen Kilberg requested the Board's approval in using Smith Parker's
expertise to help in developing Rules. The Board agrees that Karen can have
a discussion with Louis Parker regarding development of the Rules.
10. Monitorina Station - Mark Doneux: A motion to approve the resolution as
written was made by Jon rvlichels and seconded by Ned Gordon. The motion
passed unanimously.
11. Mannina Extension - Ned Gordon: A motion to adopt the Washington County
resolution was made by Ned Gordon and seconded by Jon Michels. The motion
passed unanimously.
12. Bv-Iaw's - Karen Kilberg: A motion that the By-law's, as amended, be approved
was made by Karen Kilberg and seconded by Jon Michels. The motion passed
unanimously.
13. LCMR ODtions - Karen Kilberg: Presentation was made to the Board on March
9, 1998. Discussion of specific projects and details to be placed on next meeting
agenda. Emmons and Olivier to provide the Board with either specific projects or
potential projects for discussion at the next Board meeting.
14. Strateav Ootions: Task Force consisting of Ned Gordon and Craig Leiser to
meet with the Shimota, Rice, Hoffman, and Pearson families. Ned and Craig will
bring short term options/solutions forward to the full Board.
15. A motion to adjourn at 11:1 a.m. was made by Dan Potter and seconded by Ned
Gordon. The motion carried unanimously.
.
Respectfully submitted by:
~1A5p", .l~
Kim Reeves \ ,
Recording Secretary
.
.
Brown's Creek Watershed District
Citizen's Advisory Committee
.priI22,1998
I Name/Address I Phone I E-Mail
Jyneen Thatcher 439-6961 (H)
12999 Keller Ave. North 430-6828 (W)
Hugo, MN 55038
David Truax 439-3142 (H)
10123 Kerry Court
Hugo, MN 55038
Alan J. Kemp 430-2292 (H) LEXER@HOTMAIL.COM
11675 Lansing Ave. 333-6371 (W)
Stillwater, MN 55082
Stuart Grubb 351-1614 (H) sgrubb@hdrinc.co~
11395 Lansing Ave. 591-5465 (W)
Stillwater, MN 55082
Ron Pearson 430-1061 (H)
13009 Keystone Ave., North
Hugo, MN 55038
Keith DeWolf 439-4575 (H)
10757 122nd Street, North
Hugo, MN 55038
~amela Bjorum 439-4481 (H) pamela. bjorum@frb.org
2515 Keller Ave., North 204-5876 (W)
Hugo, MN 55038
Paul Leonard 439-4582 (H) pjleon@ao1.com
11040 121st Street, North 739-9570 (W)
Stillwater, MN 55082
Angela Anderson 430-2421 (H) angela.anderson.dnr.state.mn
1121 N. 4th Street 296:.6768 (W)
Stillwater, MN 55082
Lee Miller 439-7619 (H) lee.a.miller@mci2000.com
2962 Marine Circle 430-0903 (W)
Stillwater, MN 55082
I Bill Johnson 439-2344 (H)
110000 Lansing Ave., North ..
Stillwater, MN 55082
l
C:\MSOFFICE\ WrNWORD\MJD\ WSD\BCWMO\ WD\CAC\LiST.OOC
.
04/14/98 15:46 FAl 612 351 7327
MS~ ARCHITECTS S
Minutes
Stillwater Charter Commission
March 1', 1998
Presem: Chainnao Timcd1y Old, Nan~ Purcell, , Mary Ruch., Kathy Czar, L:lurie ~W1eI
Abse::rt: Den Valsvik, Richard Slavik, Howard Lieberm;;n
Guest Katie O'Brien, Stillwater ~
The meeting was ClUed to order by Chai.rm3n Old at 7:20 p.m. In the absence of me recording
secretary, ~. Rum agreed to take the meeting minutes.
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Approval of the February 23, 1998 meeting minutes w:lS moved by Ms. Ruch and seconded by r-,.fs
Pu~ll. Unanimously adopted.
An agenda item C3Iled "Town Topics" was introduced. There was dis...-ussicn about tile City hiring
an archirl".(t:uIa] firm to develq> plans for the Aipel property. It appears that the City will hold
hearings on the plan (once developed). The Qarter members refreshed themselves on language in
the Charter that I'eGWres public nctice for change in use of city owned, river:front lands. ~Is. Ruch
suggested that this infoJ1t13tion should be conveyed to the public in a timely fashion through a
newspaper ar..icle or letter to the editor. Mr. Old said he would follow up with Mr. Liebenn.aIl who
is preparing a letter to 1he editor.
At the February meeting members were asked to bring a list of four initiatives they felt wera
important for the Owter Commissjoo to focus on in tbenext 12-18 mOTrtbs These present
prcd.uced a lisr and CMinrum Old said that the list would be reviewed and edited at the next
meeting.
T.ne list of initiatives is as follows:
. Develop a process to move issues through the Charter Commission and to ccnvey inform2ticn
to the Council. A related initi.:rtive was a suggesOm that all issues presented to the Council be
3.CCl:ln1panied by a -position paper'". This would provide Council 'm...'"mbers wIth background
en 'Wily a particular issue is being considered and what the Charter Commission has le3rDed
through study of the issue. Finally, the paper would cle3rly state ",'by the CnaIter Commission
is making a recamnendatioQ for change to the Charer,
. Convey infunnation to citizens on the City's Charter's language as it relates to the pl2n
develC1'ed for the AipeI property.
· Complete the City M4nager study project.
. Train members for effective a~ry beard participaricn.
· Study the Water Beard,
· Redistrict Wards due to anne:tation
· Orient new members.
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Q4i14/98 15:~6 FAX 612 351 7327
M5M ARCHITECTS S
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Chairman Old reported that the ordinance relating to Conflict of Interest should be sent to Council
members this week. Ms. Czar agreed to prepare a "position paper" fer Ccuneil members to
explain the genesis of the ordinance, study findings and reason fer the recommended change. Mr,
Old and Ms, Ruch agreed to request a meeting with Mr. Thole once the paper was complete. Mr.
Thole was a part of the Committee on the Conflict of Interest policy at the suggestion cf the
Council,
Ms, Czar introduced a plan for completion of the City Manager study. It would be conducted in
three SUCGeSsive meetings. Ms, Purcell moved to begin the project in September, when new
member! are in pl3ce. SecCI1d by Ms. C2aT, Unanimooslyadopted.
The need to fill three pending vacancies on the Charter Commission was discussed. Ms. Maher
will try to get an article in the Gazette announcing the vacancies and requesting that interested
parties cootact Chainnan Old. Members suggested names of individuals who might have an
interest in serving. The Chair was asked to make some contacts to assess interest.
Ms. Purcell moved to adjourn the meeting at 8:55. Seconded by Ms Maher. Unanimouslyadcpted.
Respectfully submitted,
Mazy Ruch
Stillwater Human Rights Commission
Minutes for March 25, 1998
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Meeting: Called to order at 7:15 p.m. by Chair Liz Tomten.
Members present: Marlene Kakaliouras, Mary Peroceschi, Peggy Perry, Liz Tomten,
Annette Tryon, and Louise Watson.
Members absent: Denise Carlson and Heidi Presslein.
Guest: Katie O'Brien from the Stillwater Gazette.
Discussion: Watson brought to the members' attention a complaint that a young student
expressed to her during Awareness Week at the high school. He said that
skateboarders are being harassed in Stillwater. The members discussed the
issue at length. Perry moved that the Commission encourage the city of
Stillwater to establish a skateboard area of sufficient size as soon as possible.
Watson seconded the motion, which passed unanimously.
Tomten discussed preliminary plans for a diversity awareness week in the English
classes at Stillwater Junior High for Mav.
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Tryon presented the draft of a letter her accessibility committee wrote to send to
downtown business owners. Members discussed this draft, suggesting additions.
Peroceschi and Tryon said they would finalize the letter and get names and
addresses of the business building owners.
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Discussion was held on adding videos and other materials on diversity to what
is already at the Stillwater library. Members discussed building a partnership
with the library on this.
After discussion, Peroceschi moved that the Commission purchase the $1,083.11
version of a display board from Skyline Displays. Perry seconded the motion.
The motion passed unanimously.
Watson discussed the proposed agenda for the April 15th meeting with School
District 834 administrators and staff and HRC member representatives. The
meeting will be from 3-5 p.m. The purpose is to establish formal communi-
cation protocol between school district personnel and HRC members, using
the Stillwater Hate Crime Response Plan, the District Harassment Policy, and
other collaborative educational programs.
Video: Next, the members watched a video entitled. "Hate Crime," shown by the commission
during Diversity Awareness Week at SAHS. Watson, the commission's presenter,
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discussed her impressions of the day and some of the students' reactions.
New member applications:
The following citizens of Stillwater have applied to become commission
members: (adult) Jane Anglin, 319 West Maple Street; (students) Jake Anders,
504 N. 2nd Street; Mike Arney, 2240 Orwell Court; Dana Ross, 8040 Neal Av. N.;
and Dustin Wahlstrom, 306 Laurie Court.
After reviewing their letters of application, the members decided to recommend
Anglin, Ross, and Wahlstrom to the Stillwater City Council.
Adjournment: The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Marlene Kakaliouras, secretary
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CITY TO DEVELOP AIPLE
PROPERTYnKOLLINER
PARK MASTER PLAN
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Public Meeting
Thursday, May 7,1998
City BaD
216 North Fourth Street
from
6:00 p.m. to 8:00 p.m.
Since its preparation and adoption in 1989-1990, the Downtown Plan has been used as a
guide to provide direction for the improvement in the Downtown area. Aiple Property
and Kolliner Park were part of the approved Downtown Plan.
The Aiple Property, the land located south of the Main Street Parking Lot to north of
Sunnyside Marina along the St. Croix River will become available to the City later this
year. This property along with Kolliner Park offers a wonderful opportunity to expand
the City's park and open space system. City Council directed staff to proceed with the
planning process. SRF Consuhing Group, Inc. who have worked on the St. Paul and
Mpls. riverfronts was selected to direct the City in preparing a plan.
SRF has submitted a schedule of work planned. The schedule includes tasks to be
performed, committee meetings, public meetings and Council meetings. The plan
preparation will have members from the following groups:
Heritage Preservation Commission
Planning Commission
Park and Recreation Commission
DownrownParkingCommisswn
. Local Residents
The final Master Plan will be prepared over the summer and presented to City Council
for approval this fall.
If you have an interest in the project or want to be on the mailing list for meetings,
contact City Hall at 430-8822.
A Public Meeting will be held on, May 7, 1998 from 6:00 p.m. to 8:00 p.m.
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;~ From: Ted Thompson, Chief of Staff To: Jay Kimble
Date: 4/30/98 Time: 17:39:27
Page 1 of 2
FACSIMILE COVER PAGE
To: Jay Kimble
From: Ted Thompson, Chief of Staff
ubject: Letter to confereeslSt, Croix River Crossing
ges (including cover): 2
Following you will find the letter Congressman Luther sent to the ISTEA conferees today regarding
the status of the St. Croix Bridge Crossing situation. This is in part a response to the effort
underway by AASHTO to seek a change in the landmark Wild and Scenic Rivers Act through the
conference committee currently in negotiation on ISTEA/BESTEA.
Time: 17:39:16
Date: 04/30/18
Feel free to contact me at 612-730-4949 or Bob Decheine at 202-225-2271 with any questions.
Thank you.
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From: Ted Thompson, Chief of Staff To: Jay Kimble
Date: 4130198 Time: 17:40:01
Page 2 of 2
t
Bill Luther
117 CANNON HOU5f. OFFICE BL:lLDING
WASHI"GTON DC 20515-2306
(02)225-2271
FAX: (202) 225-3368
5i:.th Di31rict, Min'1e5ota
."no~a, wa:;hington and Central Dal:ota Countie'
REGIONAL WHIP
QCongrt!Ss of tUt Glnittb 6tattSl
"ou.ut of ~tprtltntatibtl
.a~btn!.ttDn. J)( 20515
1811 WEIR DRIVE, SUITE 150
WOODBURY, MN 55125
(612) 73G4949 (VInYl
FAX: (012) 73~507
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COMMlmE ON
INTERNATIONAL RELATIONS
COMMITTEE ON SCIENCE
telLbill@miliLhouse.g\Jv
httll:/Jwww.house.govlluther
Apnl 30, i 998
Dear Conferee:
As yoe may know, the .America'1 Association of State Highway and Transpor.ation Officials (AASHrO) and the tvlinnesota and
Wisconsin Departments of Transportation are urgL11g you to amend the pistonc WIld and Scenic Rivers Act by inserting new language into
tire ISTEA conference committee report changing the defmitiO!1 of a water resources proJect. I strongly urge you to oppose this lest-mmute
request l;x several reasons,
The A<\ShlO effort is an attempt to overtu.'11 an April 13, 1998 Federal District Court decision affinning the Jurisdiction of me Natior.al
Park Service over rivers in the National Wild and Scenic Rivers system. Amending our nation's Wild and Scenic RIVers Act is a major
issue requiring the most careful thought and deliberatlOn. It is an issue to be heard a.'1d consIdered by the House Resources Committee and
dle Senate Energy and Natural Resources Committee, the committees with jurisd;cti'.m over the Wild and Scenic Rivers .Aa
At specific issue is the construction of a proposed 4-lane highway bridge (the StillVl'a:er Bridge) in my and Representative Ron Kind's
districts bet-Heel". Oak Park HeIghts, Mirmesota and Houlion, Wiscornin over the St. Croix River, a protected part of the Wild and SceI'ic
Rivers system. TIns proposed bridge is highly controversial and IccaL state and federal agencies are currently cooperatir.g L'1 attempts to
develop a consensus on how best to relOc.'lIle and/or redesIgn the bridge in response to the court decision. The transportation departments
are also pla'1l1LJg to appeal the decision of the federal district court,
Give.'1 that an appeal is under way, the court decision is only weeks old and meeting; are currently scheduled at the local level to resolve
t1is matter, I believe it would be highly premature and inappropriate tOr Congress io even entertain th!s request in a conference committee .
at this time.
The reauthcrization ofISTEA is of critical importance to our nation and already contains many difficult and controversial issues which
need to be resolved in a tL.'l1ely rnarmer in order to meet our transportation ne&ls, .Amending the Wild and Scenic Rivers Act, intervening in
a controversial local issue and introducing a contentious new issue directly into the conference cornr.'littee WIthout heari.ngs or
consideration in the appropriate committees of jurisdiction will not adval1Ce the cause of strengthening the infrastructure of our nation,
I am worKing with all parties to flIld a locally derived solution and I may seek your guidance along the way. In me meamirne, I respectfully
res'Uest that you forge wI)' consideration of action aEecting t're proposed Stilhval:er Bridge, me St. Croi.x River or the Wild and Scenic
Rivers Act 'fr.anl< you vezy much for your attention and please feel free Ie conlSCt me for any further irJonnation,
Sincerely,
Bll..L LUIHER
l\Iember of Congress
CC' ivli..'1i1esota Delegz.tioo
Repr<'.':>entative Ron E'.ind
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Apr 30 98 03:00p
Mnl'DOT
282-6200
p. 1
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t~Jl
Minnesota Department of Transportation
Transportation Building
395 John Ireland Boulevard
Samt Paul, Minnesota 55155-1899
April 30, 1998
The Honorable Jay Kimball
Mayor, City of Stillwater
City Hall
~ 16 North 4th Street
Stillwater, Minnesota 55082
Dear Mayor Kimball:
I am writing to invite you or your representative to a meeting to discuss issues related to the
proposed St. Croix River Bridge. The meeting will be l1eldWednesday, May 13 from 10:30 am _
Noon in Conference room 461 afthe Transportation Building. MnlDOT is hopeful this
meeting will lead to a better understanding by an parties offeasible options for resolving this
issue. We are proposing the following agenda:
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Invited participants present ideas for acceptable and effective discussion fonnats;
Present ideas on other parties that should be involved in discussions;
National Park Service presentation on parameters for an acceptable river crossing;
providing direction for considering alternatives.
I appreciate your concern and interest in discussing this important issue. I look forward to seeing
you on May 13.
Sincerely,
An equal opportunity employer
Apr 30 98 03:00p
Mn.....DOT
282 --6200
p.2
Invitees to May 13. 1998 Meeting
Chuck Thompson. Secretary - Wisconsin DOT
Congressman William P. Luther
Congressman Ron Kind
Tony Anderson - National Park Service
AI Steger, Division Administrator - FrlW A
Curt Johnson, Chair - Metropolitan Cmmeil
Jay Kimball, Mayor - Stillwater
Dave Schaaf: :Mayor - Oak. Park Heights
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04/'29.-'se 16. S7
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BlU LUTHIII
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April 21, 1998
The Honorable Arne Carbon
Governor of MiDnesota
] 30 Capito]
Saint Paul. Minnesota "ISS
Dear Governor:
As you know, I feel it i. uafortu.Date that litiption h8s becomo a part oftbe proctn in our
common effort to find a 501uticm to the transportation problems in the St. Croix VAHey. I am
nevertheleaa hopeN1 that the reeent court decision by Judi" ADa MontaOmcy in FedoralDistrigt
Court in Minneapolis will brina I fresh start. I am eontinWaj my etforrs to bring all side, Lu'lolved
toaether to _seo how belt to plan. ad design a bridge that complies with the landmark Wild and
Scenic Rivm ht
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It appears tha1 0110 eltmcmt of1he tndlic <<qestion and bridle deterioratkm on the old
Stillwater Lift Bridp misht be addreesed by impo8iDe weisht limIts on the exiItini Lift Bridae. As
you know, the old Lift Bridie, built In 1931, has been ce.rryi.na weipt far beyond its capacity for
many years ~\I8ing significant deterioration of the current briap due to the excess weight. Weia.lU
limits would necmarily re..route larp trucks away from Stillwater and to the 1.94 bridse u HudIon.
Rcatri~ ttuck traffie over the Li1\ BridJe would seem to be an excellent mear.s of
eX1endini the life of the bridp. ~uttina down on the exhaust and heavy traffic movina throuib
hiltoric: iilowntown StU1Wlltet, and most imponmtly. making sIfot the narrow aPJ'1"08Cbes that lead to
the Bridae on both the Mizmosota and Wisconsin Jidei oftbe river,
.
My undmtandq, fiom diseuasiOIU my s1aft"has had with the MlMe80ta Department of
Tnuupottation. is that ~ authority 10 bI.., lNCkI does ve~ in the State. However. from
conversations my stltfhaa bad with the Federal Highway Administration. I understand that the
StillWller Lift Brida. is on a federal..aid hiihway. While FHW A informs me that lepltxemptions
must. be found before fedeta1-aid biahways may have weight limiu imposed by States, it o~urs to .
me that safety and extoI1diCS the life of the bridge tculd "''ell be adequate arounds for an exemption
to the rules lovemins federal-aid highways. I would be happy to work with you 10 &eCu.re FHW A's
asaiitance on this,
I therefore l'CI~ly reqUClt that, ., Governor of the state of Minnesota, you explore the
steps necessary to impoee wti;m rntrlcdOCl on the Stillwater Lift Bridge in ardor to eliminaw large
truck traffIc on th9 briqt.
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Governor. think you for )'OW' attention. For more mformation or to discuss this issue further. .
plwe do not nmta1e to ~ me or Matt BIb of my staff at (202) 22'-2271. Thanb agai1"., and r
look fo:ward to continuins to work with you on the important q~on of the traclpQrtation need. of
the St Croix Riwr Valley,
~
BILL Lt"TBER
Member of Coqress
cc: Tne Honorable Tommy Thompaon. Oovomw ofWiaeonsin
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A?F.2:-98 ~~J ~:~' PM
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ARNE H, CARLSON
OOYERNOR
April 27. 1998
12: 14
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United StatesHotijie~f*ep~blii,,~~'
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action to c;~natjO~~ ria1~npo1iCYon~,~~ ~,_juiisdi~tioi'lfor:
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approving bri48e$,*~f~'~~<<t'''\lViIdand:~~'''riyeit8;'.. W~'are:asking for your
assiitance and'8#~ij:~~~';thiSex~tYilrtpo~P{)~~ ~)he:inte~o<nti. '.'
Surface T~mit~~'E,fIi~~y;~'(lS1EA).~~thora.tioJlJegi8~ori~tlrren,tly. before '.
Congress. 'L ~f:;:.:>.<: i:;,'?;)""" :,., "::':i!'::_.'i' ":' ',.:' ' '.',
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On April 13, 1998; ~:~..~~~~~~~tlng@iniu.s~~~ci'~o~.1~~g~:~~, i~.
MORtgomcryruIcd.:tl~aH":J~atiOnalPii'1c S:eiViCe~): wuWiUUrt its.pow~ Undei'.the federal'
Wild and ScenlcRivOri:ACt;:tobl~k60ristlUCti6rfofdW roo~St.CroiiRiverBrid'e ."
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connecting .Sti1lw~t~;::M.i>ta.W1th a.~e~WiBc9nsin.'~~t~iloftheSt,. C~~River.
spanned by the proposed bridgciJ'~tea:li~itiorWt~ ~ the wild and Scenic' Rivers
system. The NPS.'actioB-ctime in.~ 1996, some: IS monthS: after the u.s. DePartment of
T . rtatlon: 'ave.~~""':'ecrfillffed~ai'.;:' .ovi};Witb:..ReOOfd:otDecisioii'(ROD)~~ri the .
P=fuw'E~Vi;~r~t'.~~~ten;r:')'~,,,:::: ..>.:; ;.;,~.: '.';::~>:;:: . :'. "
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Minnesotaand.'.wl~~~i~,~~:~gO~d.~ith~~Co~terir~~ i'~1'~~.'f91~ii1gthc
federal ROD ex~~r"~'llno" 'XUnate... . ':G." .'Sl4milliO. On onbrkfedesi ,.8nd....~....~of .'. tiired.. " ,
'~,~"6 .....pro ..' .-" ..' "", .'. g . . <.gIl .~""'........ .,I:e<{, "
rjght-of-way~ .1l1~)~WS,icf:ibj}h4Sk~:NJlmic8ota:~WiSco~m.,ijtd ~cjtiZensofthc$t,Croix .
Yaney who ()ver.W~li~IY.8UPport#\e~po3Cd pro~ct~' With little h~~ot501v~ngtbearea.s
serious traJispOrtailOit~;~~;~m;:~~~IT~:~"<c;,., " '.
In the 1968, enactmeitt::orthe"Witd~:S_Ri\ierS Aet~,~ bt~ye'co~onalinic:ritVl8S
very clear :"'thatbridlCs~"g~ignate(l rivCrSare '~ot. to~:co~idere~' itwater'resour~es
projects" subje~~~6. ~Ju.!J.sdi~iC:)~;'~,iv~~ ai:sO<~belieVetl1attJie'~~ic?n W<:~. ~~h.e NPS. in, the:S t,
Croix River Bridae:~lS'ltb.l~~. ~~uS ~~inC,o~is~entwith'~de~: ~lu~~t~ .:
prescribe the envfro~talJ'~viewprocess,l'CqUii'OO:lp :.cOrisideraltea:natj~'e~;andr~b:Jederal
approval on fedciany'~~e(HraRspO~ti~ripi:o,;ee.tS;".Toour:dismay~: Judgoiv(on.tgtlmCfy did .not
agree. .' ":" '::';':;:""..":,' ,-,-' :':::,"<;,<~, 't .':
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Congressman Lut~' '"
April 27. 1998
Page 2
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Mn/DOT Dep. CJmm. Ofc. Fax:612-297-4795
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The effect ,of tile .~ .~h~ ~upPordngoo~~g ~tImtstate.s.~tre)yon mu.Uederal
approval oftransp~)J;tat~IfPrO~for'tearofll.tii4cRI'aa~Y~~Y ~je(:tin& ttiatapproval
months oryean:Jatef; "ln1eretb~, ~an~:7:'state~,with ;federlUYm,~ediiYmco.,.ider,
similar bridge p~~~they Win,be~ed :Witbh:JmpoSsiblec;~cc:of&deralprOce~ses
and agencies inj~~~:e:~~t;~',;~.:~i~",?~>>~,,< ,," " ,:' ':,>L:'<: ,.' ,.. 'rn,;: ,,'.' ,
Because ~~dge~IU~'t~t~~~skl~U#ent~~Us;,8nd giveri,tnie\)ri)ad ~tionai
~~~~~t.;,"~,~~~,~,<:~cOfreotdUs
(1) makin ,it clearii:i:~Stafuie.thfstids'natiOnaf 'lii itiat:bri~~';;s '. .,"<fes;.mmted
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rivers are ,nOt, mid ~-nevtr"intended;:'tQ:be eO~~waterrfiourceiprOjec:is" subjectto
NPS~n~!~~~~:~~(~)..'.':"'.'."" ..,. '. '
(2) notwiths~ 'NPS::ob~ion;~theti11in1 'c>ftfae~ c~,~nationaipc)licy'applies
to. the propo$edS:t.;Cr~:iXR1~ ~iidge,:Brid,that.~oi1stntC1~on citi~ ~~btidg~ is, allowed ..
undertheapprovat~~~:~,~)t(jl)~". """;', ,,',:' .~ ..... "". ;,
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Governor, State ofM~~:~',/::,:'~,'::
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Th~ States of Mlooesota and..WiScpnsiti ~mpteteda, una} :EISdoc~ment lih<la Federal .
Record of riecisi~n{R.9I:))\was,jsstit~,aifo'Y{.i~'the project:t6'~<!vet~ward' construCtion.
. , . ,...,.::""<':,,;~.::::i'<,::,,," ,"': ,):' ::,':: t . .... :
On the basispfm,e;R9[)Mil1it~sQtaan.d WjsCo~inspen{Appl'eximaiety $ 14 million' and
diSPlac~moreU:~;~~'~;'~~~~;;:i: "" . "
The federalgl)v~~w&16;,~(rb-y<~he~cr.iJl CJu.,,;forJ:uJ~to~~ndu~tthe' appropriate'
federal reVieW(~~~,~~r,!(~r~t~~0':t,;~~~~~j~'~:'~~~~0ct1'!<::, '. " .... . .
As a Tes~tt()fth~ J~~S~!t,~1'fa;j9nal:r~~eivi~~,,~PS):~~e~:to:cO(1duc~die Sec.ticn
7(3) review and~heproJ~t~;halte~~O:"': ..,'::,::'.' .>/ ...... .'.:'
. . .\':>,~',,;:'\::'/.,.,::.(> .':' .::' ", ...: "<::, " .'. '
Upon.c()nch.isionof~:Sedrori7(a)review th~NatjortalP~kS'ervite det~ined {I } the
bridge didco~$tituif~',~y;.at~rresqJJtce~pr()Ject" ~(~)fo.u~d t.~e prOpo~:~tucture to,
adversely irlipa\;dhe'~~~,ajtd;t:ec~t1.,~I~~s'9rthe~':er~ ,." . . ,
.. .. ":.. "',: I . -' . ":"'.,.: J* .:',',' " ~ .;- .. .~. '~: -~.. .." ,.., >;. :.i,:'.:",' - I
1,'_ .'~ ..e, '-"',,;'" .,,:.~ '....~I ',"'.-::i"'-' <,. . ' ".<.~
On Monday ,'Apri} lJ,l99,$th~Ij.~S,;))iStrit,tGourt. iti:Minneapoli~ i~utda.PJlifig'
upholdi1i~ .t~~;~~S~~t~r#~ti~n,~~(.~dge~:,~ie.~~er~,lir,i~sOp~jeCts#d vand~ting
aU actionS it.1i4:aut~ority' ofthe.NP$ :j~:tlMs:me~er. ,.',' .'. < · '< ..' . . . .
", ' ',<::~'r, ""'~ ': ';',' ',..... . .' .
.: .: :'" ....... >..:.;:-::.:.";'" . i . ;.' . ':,.: ,.:. .:.,..: ':>.
NA tl()NAI}iMpLicAfi(jN~i/jjRS'TATES.
. ' :' -:./ \", . ~ .': " : . '';' : ; . :' ';.'",;' '~.:.', ": "":, "'. ...;' ."' .....: .,.' -:. . . .' - , -
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37 states haY~:rive~~:deSignatecr~. WiiJ arid Scenic apd,as'such.~repotenlianYSubject to
the determin~ti~:of,thi;~iVlin~i""<:v'::' '.':"/,' ", .... ' ::,:', ,
. ..' :.:', .:~::<.':"':<:
The court. runllg~~.s~.:~igriif~t$~lidhw ov~',the fedend envirottnlen~l p~6Cesses ..'
includingtheEIS~h~'t~~F~~rarf{eco~~ofbei.ision., '.:.' ': .:'" ' .
. , -,' ".;::: .~. ..:;;....:. : . " .; " '. '. , ' , ',...., .. '- " -'.", .' . '. , . .
. ',' ..: ' :",. " . '.' " '! ," " ,. ,'~' ,". "'-'" ':_: ': " ''':,.' !" '-"' '. " .-~: ,...., ' .'. -, :-, - ':' , ,', ' . ',:.'
rne court ruring,is\yTittei1 ;yerY,br~dlYlUldcO~id haY~~re far reaching; impacts than
are curreh1Iy~llld~~to,~ j!1thti$J#i.~ccasci\",. ".,. .... . .':, .. '.,
. ...... ..~ ..... . 'H::;:,:;<.~,.::.;t:., . ..........' ),
The court ruHng'~~t~~li~h~s:ilie,~t~~~ty:Qiti~.~~s.to detennine C~~g~l()nal intent in
these matters. r.;.: '..,' .' . ,.. .
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Ore. Fax:612-297-4?95
~-'-'~:" ..-- :.-..:. ',~ ""-:-:"', '..'....~ ,,",...~;.. ~~.
12: 17
F.GS
~1n/DO"" Oep.
.
WHEREAS,m'PllS.ililt:ieWild'8ids~'Riven.AO;inj9~&~. ~QsbSUb~equent
amendins "tio11ljtbe~ ~Padeolu.d~~' ~e,Of. Aqt1O.pres.-ve'deaipted rivers
in. '~fIllwi!>g'~~!~~~~~~yGd.~ ~"",."'d
WBEREAS.speciftc ;CO.~io~rcp()I1~"e~m~~~:,:tohridgr.s .~allow.d
and exceptedfrorl1,~~~~~~~~:U,I~~.t~~~;~aDd,' ;'< ..' .
. ,. ~ , I " "\ ~ ,
WHEREAS, a "water resOurce 'prQj~" _,not der~ed in the. ~:S. COda or by Nationfl! Park
Service r6gUlation(lt); and,.,; "',~ ',":~ '", ....:. .' '.'
WHEREAS '.the'Na~. ~'P"'~':'\.".s."""~~. ':.~,~..t"'.".';'~u.t';";...'.....,..;.I'.' ;I.n.<;imi>.l~..~.'.' ".."" '.....t.." '.llP.'Fe .1ati.... .'o.os
' . '. . ...,. ............,.FO, ~.y.P~ IU
which apply towatef;~~'ro~"Jo~,'Withtn ~ ..""~.,.:a11d.. sCeraiCriVetW1d~ ita,
jurisdiction; and . ... ",' "':, ... .. ..... ',.... "..""
""i.,..,."" I.....,.. .
WHEREAS, t;he.M~~o~~~,~~iscx,~~b~~tB.of,T~prirtatiqn.Mve.~een"W~nB
cooperatively .r9r~~d1,aD:3.~Y~ ,~'~6.l,,~~c:protil~. ~j ara4betwMn,the Citias .
of Stillwater, MUmes~ ad '&u1tOn.:~m~hborder th.,fed.-11y desigi1~ Wild,
::=l=:~~~;~~~~~~::;~~~ .
alternative. toPuild ~.i1i:W,+bri~'lIpU\e.D,.it~I1ipln~.8Outbofth6,~Dg:~7iyw/old
hJstori~ lift brid8.IP~';~~~t" y..;" ',. .....,......, " ..
WHERJtAS. 'the :lJni~.~St8~'~artmalt of~~.li1ieriortllCo~gbthe NlIt%ow.' ~ark"SeMcc:
has been aware' Qfthi,pOtecti&1:b#da6'PtojectlU1d;8erV~' U:It~1. feq~'l.gency
durir.g 1he entiroe~llJItiv'-~lP"Ycar~inTO~~t&i:i:cViewpt~;and: ,:; .... .. ..
.',; ""::""/<',;',';', . ....'. .,'>: .... .~: ::"> . .i,'.
WHEREAS, .the~atio~:-Paik,S.rVi~folli>~~f:Q.i of a laWSuit by the Sierra
ChJb, took aetion 'wlth;~~'thoPlOpOlIedSl:.CtoixR.ivet. Ctt).~i,ngtO"deelmth~'.briasea
w~tcr r.,ourge.prej~sUb.J~.~t~s~D'?(.}~dyWid~PI'C)V1,10zi..of'~ Wird.'~" SeSrlc
Riv... A<~ &nit " " '; .,.. ... '/:i.<':: .'i: ',;,. ": " ..'. .', ..
WHEREAS..this.. d~luadO~:'~~~s~t;Jt\J4y\vas..b~1im13'suon~.Uter'.'.~pletion. of
the final EnviIl:lnmentalWpac;t S~cnt'@S}.:~rethan.. ou:yar fo~wiDg the ;Fodtni.
Highway Admiaut:Iu04Wttmg: aRecOtdor~Cisiol1oDbt)ha1f:or .Ul~'Jcldeta1goVernment
declaring all environm~taf'eoa~~)~'~fa~?1yad.dresI~ ~u~s:thelpproved and
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12:18 P.G6
PR.-1-91
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::"~':': ': ',.:-: ,'< ':", 'I' ", ", \;'~, "'''.'<' " ,:. " ,':, :' ,: ':':'" ....". ,'. :'_ .., ,: ""';', ' "':"'" '.:'::,,-!.- '" "",'
already compf.tectJl1l.lV~ent .'?f;RiQia5JiyePcapy~~m8ndaa8~l1pieicst and after
acquisition of ripfof';waY.:In~~iJbstaiipitt;WorlcW beBun,On~prpject; and
'.......'.!!.,,;:ij:,,:<,~:!'..,::., .. ':",<..':.~, ',:<.\ '". ." .
WBEREAS",onDeoiubir,'O;l996t11oNatloul:M .ServiCe. ~tbe resultS of.the
. '.'.' ...,.....,....:.., .... :'" "'..' ',..... .' ,
SecUon7(a) a1ucfy::tmdms,tbe~pcis<<t . '~.iahaVO~I4fV~~ia;lp~ ()%~theiicen1c:and
reer~atioUl valU!'l:()f the!~S~'.~iXoB:lveraiicforder8d'~f8det:at agenci~havingpefmi1
ove1'lighton tbisP~jeot~;duy;tb.'n~Peimits~thei'eby !1r~e1y' stCpping tbe;'
projOC1; aod .~');>;'..",:;i>,::,. ........., '>;,' ....,.,'~:'<:.:; ..' '
..
"... - -,; '\. .. '. -,' ,", ' ,'::'" ~ .' , I" " . " ~
:,:..:,<,,::,:,:'.: '~,I",< ..;.:'...., -:,.'.:'.:.... .~.":,:..,..., ," ',', '- ~,,-, ,-'.'. ~', ," ,". d:" "",.:., ".' .':.'
WIlEREAS, in~g~~c~tllOtit}'to,~,S1Jqh.bridgel.:.thtt: ~~e~~l~~ctiom of
tb~ National Par!' S~,'Uye',~. tillSs..1\) fucureXpciadi1urestQtaUns,over$14 DJUOIl
and funherdiS'1aC!nI'Or~,~e~l~t;:~d;:::.":,,.'..'.'..'.."':'>;";: ...... ;;.: '.. '.., '.. ,..:
WHEREAS oA'M6tida:A "rill3':l998,.tbeUS~I)jstric:t'COUrt m Mimi" lis,ided~1h
' , ," "Y~ ,..P. "" ,t, . . ~ ,.... '.;.. ..-.po .. ... . '. '. ..... .. . .
the N.ticn.t PaiiScrvic.l,md ...' .... ;, ,tito:~t&teS ofMi~aDdW'1SCQDiiD 6'dcclWathat
bridges can be d~tar~' S..~=~ projects" 8ndbio~ CotUrictiouvoithe inog:sed
St, Croix River 'crossing: 'and ",,,: " ,,', ' ',', ' " ,','. ' "': :-
WHDEAll",the'~~'~~~~~t~'~~.l!i~;~i~Witb
CongtfsS.ional'tnteatui':tho'WlId,',and" Sceiij~'rover.'Act,Q.d .UliditJCtCOctliCt .with .the muner
=:51~lWtN~1::::::
~nsideraple eODt\uion:: m4:;OOh~nau~y mu)ntState:,bip~8ft<t_Po11atioD'
authoriti~ re~:*iOp.rl.'!~;':~;~',&Dd,~:'~':~rity,at.th~ .
federa11evel with 'tes~.~:'.t~.e:.~iibam~loVicwof:~on,'pioj~~,and . ..
"'.:,
opposes theaotioll'tAk:en' byrth~~8#Qirill:P:~;Ser.Yice:fridedar~bri. to ~water ~tirCes
projectS subjeCttp"revf~ '~&!r.~~;Witd~d:~cclik~~~' A~:Ud: ~'~ regaid$rucb .';
action as ausurpatiori:: O~~~~~'~~~~~feJl;;~~.!r'~ry,~~~d:. .
BE IT FUR11IIl1R;REsQLVPthat,th.:Anierlaif"~~oD;ofstaee liig6wty.'imd. .'.
Tr~portation! Qfti~,'" 'fuUss'thiS..;i~~;to'bC: ofcn6car~~e.tti riati~al ~portati6U
poliey, and urgu:C6ii'." . :fae,_dUO'~n:tO'~um,itlOriiini1UiteDtthatb~dsesdo
::=::.r_~~~l:;~d~,~~'tr':'ue
Interior and the N~'oDl:l~~~~~:ot IIp;y.~l~eriUpa,ptl9';clll~rae4'Wlth the
. . . ~ ""~~''':'~: :~. :0': ". .:. .:.'.:....,:.:.:~"'.;' \';""':-:'_~-"";""";' "':<';:::'-:_.;'.;'"<::'./''' . :.:::;:'. ."
.
..>.:...
PR~ 1-97
, 98 12 : 19
F'.O?
Mr/DOT rep. CJmm.
I,. , " ..,', .... ~" ,;' ...... :. .'
adminimtiQnofth/::'\Vild.,'4nd.SCslO,RiverJ Act.under 16 U.S,C.127(a) oumideofthe,
review necessary rd,r,the fe4cratiOv~olttto -issue,. R.ec:ord,of'Decmionregardj~g tb~
lde:quacy vf oavironinCo~'~imd~tI1eNatiorJJlBnviro~entll,p"licyAct~A), and
Section 4(t) of theF~eljJTn1n$poE1atiou Act;anCi'.- ..... ,', .
BE IT ~~~~~;~otthii ~~, ~diJ~ed"'ih~l'ret;den~
the appropriate eomm.l~"m,thft lJ'~"SC&tes . Sen:ate ,and th. Uni,tedStaW,tHouse .of
Representatives~toth.:S~.oflliolJaitedStates nq,~e,Qtof thclntciiorand the
Departmeat ofTraDSpo~tjc)n. JlfJdti)thoN:ati~ Go~"A..uQCiation.
" '. .. ..:".;
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, ' Mn/DOT Dep, , CO,mm.,. 9+'c~J~:~,Wc~?n:~?~___~_.._y....Ji?r .,?'1.r:98 .. 12 :20
.. ;: ',;:' ,,' 'r1'MJ~~e~dtA"P~~A~T~tN':oilR~N~P()RTAi!ON'
. " t"ll;i;N~~~;,,;IiI~~,' '"',,' ,.',
,',,' '.. 1Ip!V ,":!;,:';l..;i;!;~"~i';.;:i";,i'>i" " · ,,' ,;/:!i~:
, . , , '.' ... ,; ';,: ;',,:'~.:; \,;,:\:
:.'<:,:',:. :,~",."':::". 'D; '''~e',. Apn' 012'1',' l'hn~.,: :' ,:.".:~",:: :,.':~^~j>.;.,':'Bo: '(U..c.rIln; ," ",: :. " .. " '. . . .,
. ul ~70 .. ~ ~U..-.... u.~ra I'll ," ',:" ""~..';.,:',">j,:":.,',,
...:'," "'. ,," '.~:' " ". . ',' ' . ": ,..-:-".. "Di-:"" n.~b~: Am'I.1 .' 'fj,'6....:~ " .
." .".'." '.,'" ,.' "..., ,...... ,.... ...:' ,. :... ,.', " . .... 1~lor, ,,'u flC- Mrs, JYItJfLI\J,l , ' " ,:' ;', .; ....:. 1....,'.',;.',:-;,
, .' '"" " For ImmediuteRelell$e> .... .'., . .,:,'., .i".:~" " ',' "(612)'296~369"'" ,>,": ,'I, ..
':"~~::';':"'!: ".',.', . " '-~"""":':::!<?~"':::-':':"{,;:::r.\ ':, .~ ""~~.':{';(612)6464SOS{~"<:" .'.., , ... I
'. ,..' ,",' .' . ". ,'.., ".....'.',.... . . . ...., page} . ';, :" ,>', ,'. ..':;) :".',.":..:,..,.,..':,'"':,.::".(,,'..,..,~.,\,,.
:;;."':'JATlO~'S~~T.:~i~:~~~~~~~;;~,~~~~J;I~';~J~~NG ' ',,' l""y; "
,J..!:~/,,~~O~GltESS T~'~~~m~:~~~.~~i;t~:~l~;~\~~71~~"". ' " ,',' ,:",<;:;':
"',I, '..' , " ST. PAUL. ,Mln6~;:;'~11ie.fiatio~:~5tat~~:<f~~tsornanspori~jonhR~!, un.animoosly . , 1 . : ,:'
.;,<,:'> ::,' )oined M~nt1esotfu~d~~'{i~~~~~?r,!~~jr#So?~\~ioJJiJ~~i~!~.lif~~fr~;t~~;t~l1~nt!on.' . :',~.!i ~.'" >.,
:'r,:.t:;:,::>:..: :. pollcyori federal:ftgencyjUt.i~ctio";ove"brid~iJPa~iJ)g fed.CraJly:desigllate<r "Wir~'IU1(b,cenic".". ".;', ,
'.,)t'l:'rl~~> ,~c.n ~ 1~~~;';~~~~I~~~~~rii~II:~~b,~;~~i~nJ'~~.i.~' ',:' 'J'?'.:,
.:,~' "", '.':'" '~ntgomery 1iphold~gnciiOlJ~byt~,~~fi~nal'Pa~:$,CiVke:t(fbloC~,=o~~Cti~n.prtl~:propn~d ':" 1,. :.' , '
:'.':...', :;, ': St. croi~River.ntldgC0,*~~~~i.~g~~ll~~~'~,#~~::mdI-!Mllf~~:'vi~~~'li:~;.."tljFjudge"$'" , ;';.:';,
,\'i..:::;:', ,,::,' :':,ruling'has i~mediate;~~~riQu.~~ation{t~ poti<ii:impl.i~~~.fQijS' ot~r..iit~e~ Withr!~eril ", I. . . .'.. ' :", fc ~';,<:'
~~~~ ~, ~1~
','~:,.',>" :.', Puert() RiCGUnaliim~'~sry'~w.y1i,~'~~~l.~*"(5,t1PJx?f1ipg'lAimc,~~~a~:~lr.C~l'l~ntbeit ,~.. '.".. .. ,;.":.'.1 ."':;"','
:>&<i:d:~ ~1i t~~t~.t~~~c,~~~;\'.;j:\:.i.~,;;';'.',.' .', '> ,'. .",':"t-..:'(
"'~';';' ' " :,', .' "...theAmeriean.'A~~illtj~.ofScate~gnWayaadrtrn~(RtOmcial'~rongly';, .." '...'~ 'I ';.../,
. :-<:, . , ' di~gree~Wifb.d~Nnng:Qt'tIe:DiSt1ie~C6urtandoppft~sthe,~Qntakenhytl:1.t~Natiol1ftJ.. "" .
; ". ' !,' : " ' , " .I),.lr.k Service 'O:d~cf~~:'QridgeS:to"be~er."reflOtiTces:prO~~s~bjectto,i'eYi~w ~,*rthC . : 'ii, '.',.:' '.!".,
,:.... ,: i ,." " ", Wild and Si:eni~ RiYer~D\ct~'. ~i\nd fluthe; ~~~:a~tio1)a~ It iUlUlfpnti.Onof tlut~odty-~ '
'~,:<:',,:..:,,:~;:::,." " n~s~~ttiC~Il)'d~~~~~~~p::~~ft~~~~~~~~.~.:};,;,:;>:, :,~}:':'?:l( :::',:;::::':.:st':'.u'" ':': ;,:.. . '..;' ..'
,.,,,." , " .....(AASHTO);fir14~.iflt~:t~~'()beot~riiicat.inWOrt~ncet01lotio~ltra.rtaiilonJ,olicy, ' "'," , ,,"
:: ,', :'. and urgC~ Cong~~tp:~i~~~ i~at~ IttiQIi to~ffirm it8origi~titltelinhatbridge!4do .. " :' .;.
~<,':.: ":"", ',not;con.~it~t~;~te.r:~,~~~~~~,~r'?~)V,~cland~rifc.:Ri~~AC~8Iid,.s:~ch .' ,'::: ,t:.: ":'.
,<','.::,:':;: ...';' aren?tstJbJC:ct,.t()'8.,x.~,~~et\~~~!.In:V1e~~,aPPfO"~lbY'~;Pe.pnrt.tnent'oft,~': .,. .::'.'..,t.:.;::.,.,:
~~:;:!: )~~~~~~,~>::~.:~
, ",'~ ,',' re;'!olU!ion~ contactAAslrrOEX~titi~~~'bi~ct&-Fra~sFrnncbi~atthe.A.ASHTotonfere"ce ." . " <..", ',.";,'1
~~ 1:,_ .'. ,': '. " I' . ,',j' .":i.'-;"'. . p" :," .:.~.:: '~.~. :::"~"~:'-. ,,'.'~'; ,.......::....~.,: .....~. ~:... ',', ~~.;......_:...:..~,..'.-"...i.. "', ':, .." ':". OJ '. . '. ',- "," ,"
" .," "':i...::,:,',headquarters (4/2tmonlY)~Mi\ri9tt:j.J()tel;iti:Bftltl'mO~~';~lo-962~0z~ :AASHTO~ffice~in ".,' , !, ::,',
,;','..: ',:' 395John,lrelon~Bouf~ra,St,;:~~ill}MN:'~5,l55;J6;l2):,29:~;,.3()()()-::'~ ,.., :' :",.: .":, ;,:.;;,.,:
\l..:)i,~:.~:."", :;':. .,,' :,., .:'. . ... . \ "' ," ..: .', .'::'.-: ::"',;:'~~ :,~~::~::!:~~,/.;.:~/.~:~~;~",.:~~\~~.~~.~.,~~~;<_~.<~'::~,::~. -"'.:;~,~;~~~'~~~~,~~' !:;~,:~:. ';' .~:E ~-~'.~,~~:'~'>~':,~ ~...::;''':; :~~,,:~:'.<, :--..', ;.... . , - 1. - " ',' .' ,,:". . .: I ,"':~',: t-.:~'
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rv~r"/DClT rep. Con-;m. Ofc:. Fa:<:612-29?=-4.79~
29 '98 12:21
P.09
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~ ., "j ~,ti "~kha."'f..'~,~_",,
. "'.. I , , I....,;.,,., ~ -~:';'" .
:', .'. .. :STAtE OF ,MINNESOTA . : ft' ..... . '/')\
O.f:fice',of the' AUorney' .GenercU~:.' ~.'. .>\ .
,," ,'.', "'. ',.',," , ,t, V
.;~ ".' ".': '_:.. : ;'1 . " ': . . \':, ,,', '. ,I,
::";".'~.',: ,';." .~.'" !,", . ~;.' .. .~.":' .: - o' ..,'
. . , .:\;' " ,:, .', '.,.
',Nov.ember 1~, .J:996"v
,... . '." .' :~. I, ;:.,"
.
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TO
I$OIljiV.cv i\RLIN
()Cfic~oiPt,bl~'Afrai~, '.
Depa~nwft~ ~r:Tra1ispo~tiO!l .
,~~,;:.:. >n//,)i< ",
tl~~RR~^:ENZLER< "'~~
! ri!~~'I'~~!:M~IUc:H~~ ~:, '.' '....,..'.......
1\~sl~tanc^~~o~ys~l'teraF ,: ,
I .... '. ....~): ::;. .
. : '.. : ~.~_:. ~. ~ .:.; :;: :- " . ".: \' .
", .>1". :
; PHQNE: :.~2-5'705
PHONE: "282.~7tO
. - .. ... . .. .. . .
FROM
......
SUBJECT:
SIERRA,CtuB.It:I:Ai.2.v.PENA'~'ETA\.: .' ." .'.. '" . i
NA.'tlONA~'''ARKSERVICttS;i.NTERPll.EtATION~OF~VILD' AND!
SCENICJuVERS AcrCONFLICrswmiLBGtsLATrvEHISTORY.
'," ....', ".' " '.'.' , .." , .' . "'. I .. ,
. . . .
.,':':"
,
. i
I
. ASYO\1'kn().$~;,it~e~~tiQ..i. ~'Servj~~. (~NJ>S")"JW'nppr~.tbe.Federa1Highway
AdmmiiStration(~F:Ii\yA~(~t.~b,~I4Je.Js,'a'''water reso~ project"'undeisleC~lon 1278(a) of .
the WHdand':~~en,ic;':~i.Y~r~~:A.c.(e"W$R4") .1t~~: his.commeftced'~)c~don 7 atllllysi's [0
de tennifle . wl;l~h~t.:. ~:~9ns!rU~t~~'or.ttu: ~t~~i~..R!!er~rO$~.ing[},~ct#'C()I~mntrble . with
the River's. desigMtiO'd.'':':TJlc',: 'NPS ..itKerpreCatibn.thatthebridg~ is, awater'resogrceproject
,enables theNP$ t();.P~~J~~~)tSeonstroctiOn~::,;":' <"'/r....,':.: '..',i'," . ,. .
The .legis~at,ive~.storYoi;th~"Ws~'I1~wev,er;:~R~C:ts.thai,C~ngressdid 'noti6tendthe
WSRA to,prohi~jr~?~5tr~-:tiori of'~;:~ridge~".'I~' }iSJ1C.:of, ilie:.tegi~lati.ve::history . ,the NPS'$
o"er~y.broadiritefP.rctatiOn:oftlttWSRi\il. ia. eXcCssof Jlle NPS.s.statutory authority., Based
on our reseat~h~,:\Ve~,itl,:be,fi~a~ 'Ait$\ver:Jn~:.sierr.a(:tU~ta~,Sttit With~a~matter.ofdDys .
which nskst.hecoutftQfiD4j'lhatihe~$, dete'miination ~JFlexcess~ofits. statuto'Fr' authority.
Such a detertui!UlHonwould<vacatethcfNPSdetenninatiol1~::'" " ., .
, .. .... .:,,:\,)<>~ ":'';;<~,i '::,'::.:' , ". ..........:..~.',.. .,::'.... "" .
The legisJ~~fve fHStot)l' fOf',tl1e. '\liSJV,;revcals tM J()llPWing pdnciple~whjch show (hat
Congress did n()thitetld,~~e.t~mi:~water resource:projeer to include .~. bridge:'.. .
.' . I -", -.' .. ,. ....'"... ". .. ',,,' ; , . - :.! ~ ." ",' ':.:. . . . . .
'_ .:-,<.,.,.:,.:-.::.'.i.......,:.:~-.<;~:..::::.::~'\.::~, ,". . _ ' .: ,:,,, <~< ,,"":,'::',. '::, ':." .
1. . The, objective:- Qf'tl\e:.WSRA~waS:to:bi1tancei~_ 'nati()n~l.policY, ordain 'building
w.ith J,potic;fofpme~ing,se!eCted ri\le~; ,At aUmc\vhe~mariydyersin ,the
Unhed~S~~(tesw*re::btirig'. altered'erdamme(jf()rfiood. contro.h navigation,
hy4~1~~'f1c;,.~~.'a~:Qlh~~u~,~.lh~;'pu!1'~:5~.'~(~\VsRAof 1968' WO:~ t.o
: presc:;vextyert m'I' .,free4towm~ "$!ate.b)' 'ftm,ullg;the:constnlCllon of ~. and
oth~ririipou~ineQ~~';,::,',:", '~" . ,':<::,~ ,
.
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~in/DOT Dep. CDmm. Ofc. Fax:512-297-4795
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12:22
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, S;~~~P'~"Nq';:4~1.ntJ'Jl~7) (repOr~. fr:o~:,the'C~mittee .on
:int~r.~or,afld:lnsurar:Affa~rs'tl) ~omp~BYbm to ena-c(WSRA);S.
::~~.', NO.93~12Q7; at3ZJI.974}(reportfrorn:the Commirteeo,n
.to,(e(io~an4)n~~a~Aff~irs loac~ompal1Y bill roame~WSRA)."
.,.,. .<::',";,:;<:':: ..:.'i,':.;.:'....".'..::..",',;... ..... :",'::;'i;".'::;,;"i:,', ..,.1.. . , .."
'Ql~WSRAw~s Wellded"':tobC' ~ '~muni*'~~ wl1iCtlwoutdenable rmu~
.~.Qr::tti(ri~efJ:x~epl,~hc~se: :'i~poUndmen~ ;suc1f th8t:ihcrl'i,,~r: wouid 'not. 'be
f~e~p~ing/(th~',;W~:~as'expfe$stYj~~ed' to Ihriitdevelq,menf~~sthan
.Ilad~p:~,o~':,m,areti; regufated ~rthe ~-:existjng\Viltte~!S Act}~ .
, " ',:::,:'~(,: ~;;;.~',>::~i':.' ",<':~" """ '.. .. < ,,~:,,:,/,,:" :-'p'.
.. ,S"'REP'::NO" 93-1201nt33:-(l974)'-", ">, '.'.
n;e.,.j~~:~i2,it.~~.'s;,~~~l.J~~.~{~sni~ ..'.;e~nl(on.I.
'ur1de-t:ttle,WS,R~:> :'C6ngte,~s~~int~nde4":th~t' ,on ~tv~r~da'ssir~d '!lseirher
rec'it;nti6naf,:or ,scen~'~(aS~pPO,se4't()H~rS'cra$SiftC:d, as;:~wt1dll,).,'IWi[ioriAI,u~:
.sp~~:A~:,t~~@~~~,~~C,ti.riJ)er. h~~ng.':,~rtYti~g."'V~r~us ':~!"~rCtitl 'nctivi,ties,
rca,d!, ~nd,brid=~~,'miiy be.,~Uow~.' .' ," . ',..',;. .
.;; ,,' .L~.,~~:[,'~c>.*.,~~ii*q~ ~ ',~f3:~:..(1'9?4)~'-~,,:::::':~' .,/;,,"
", ,,'. .r.:..~r :~:,}...; E '~:"~~'~'''''.:. .... . ,'~ ':. ' ,. >'~ ~ . :;">' :::,: .,. ',",... '.,'
Severzlt.~xpliCil;:statementS:areeontaine~hi"me ~ofd;botit'atlhe rime of initiat
=~~~~,0;~(~'~~~t~:cl~t it ~owd '001 '
.' }~A-;nat,i~rn.tf', Wild .~: Sc~'ni~':riVef ar:e~win 'i>C.achn.tniStered;' forhs ~sthetic, '.
':,ccnic:~' ;"~$toftc~;tt~lian(r;wl'fdl:if~e;~'ate~olt)gieaf; ':sci~1itif'tc. . and
'.. '. '~rec.re:aii{).'l~i:2feal\lies,,'b!1:$'ed . ~rtlhe:'1pe~iai. a'tt,rfbuees- ,of the,aren.
, ,,::.Howeve'r.~:,k'f~fie'~WSRAiwillnotprohibitthe:constructionof "ro3~sor .
, '}0~11~~1);~'~~'~':"'" , '
.' "~~[1J~,Sho~ld::be',emp~izedtli8f l~:'Nati01ial.~i(d .:U1dSCenlc .R~vers Act
..'. ,:js'a;inultip)e~:pSe I(ik'.' :)Vartr' ,res()ufc{~ "fQ!eets areprohibitedwhifc,other
,JU$ef~ :~~~ti:as~3,}ining, Jmnfj~g'~" :fi~ lilg~:::~b~r .birVet~ing,; grazing ()(
d~~iC' :1i've$;QCk'~.~ndp~gdeultUfaI uses,may.condriiie,' . It 'doe$noc
, ..'p~~~~t'~.:~o,~~~tiO?~f~tt:'~~'~~e~~"w.;"...; ::,.' .,...
. '.. 120:'~CC;>NG. 'RE~. ,,3.3760 (974) ,(statement of. Senator
'~ . Domfrntk). ""', . ~":' ,', <: - " , "
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In. additio~ "td: ~ing" c~ii,I'ari'lo.regi;'atiVeJ~f~t;jfte- r-l~.' ~$~Ioh. ,is conrri1 ry to ,the
opinion cf.:dl~Pep'~i#ruf~t;~r:l:rit~~tso.ll~t,Qr:'~t\er!d;' ....:~~t.op.~Jlion..l~suedJn. .19:~9,
expresses the iP9sip~tt<tI1a~' a)r~g~.l!":n.ol,~ ~.~rres~~pfoj~tJ()r purpo~s:o.f ~h_eWSR:A.
ThcopinionM~ riOt~,:.tc>()ijt~nO\Vtecige:~ 'eVe~:~ri(,V:erruf~',or:Wkhcfrawi1; ":That opinion was
provided tat~~i'fli.o/~:,~~:.M~T: bY,rh~'. ~:~rlrifthe.~~Yirt,~entaJ'rev;ewprocess .
when the statu:~m' fbebri~g~:wa!':~s~bY:MnJ)QT;',.>;?:::': . . .
"'".:~. . ':,0. .:_ .:......:-h ): >:. ..,." ' ':"." ;_. . ",';" " " .~ ,,_n ".._ ,I .
I'.... . ~.'::..,/:.., ' - .. ,....'. . \:..:." 1,"'. .:' :',. I. ; .:. ' . .
Finally 'dt~:the ,~~o.f, btir~~~Wledge..j~ ~S'has'n~~er'berote. defined abridge as a
water resourc~pr9jl#,t:i~:~~~:~()f~,~9:_st~~;"",,;,:>~:- <:>:." '..: ~.
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Baha'is of Stillwater
c/o Clarice Auluck-Wilson 308 William St. Stillwater MN 55082
612 439 4219 auluckwils@ao1.com
April 28, 1998
Tim Thomsen
Stillwater Parks Department
216 N. 4th St.
Stillwater, MN 55082
Dear Mr. Thomsen,
I am writing to ask that the fees be waived for the rental of both the band shell and the
picnic shelter for the Race Unity Day Picnic to be held June 14 in Pioneer Park. This is an
event that is being co-sponsored by the Baha'is of Stillwater and by the Human Rights
Commission of the City of Stillwater. We Baha'is have held previous Race Unity Day
Picnics in Pioneer Park, but this is the first time that we have received co-sponsorship from
the Human Rights Commission and we are delighted to have this kind of support. The
Human Rights Commission will have a strong presence at this event that will center on a
display the Commission has created to inform the public of its activities and purpose.
We did not hold a Race Unity Day Picnic last year but feel it is important to hold the event
this year in light of President Clinton's call for a national campaign of discussion on the
elimination of racism. Baha'is believe that there is only one race-the human race-and
that we are all members of one global human family. This is not one of the points that
President Clinton has yet addressed; we feel it is an essential point for the achievement of
race unity.
The entertainment for the Race Unity Day Picnic will be the Twin Cities Baha'i Youth
Workshop, the same group the Human Rights Commission brought to the St. Croix Valley
Mallon January 24 of this year in recognition of Martin Luther King Day. This dynamic
group uses the medium of dance to explore solutions to some of the most difficult problems
of our time. The members take an unflinching look at the destructive forces of racism, drug
abuse and the inequality of women and men. But they don't stop there. They go on to offer
a message of hope that inspires and uplifts, presenting models of positive social change that
reflect the members' belief in the fundamental unity, equality and nobility of humankind
The Race Unity Day Picnic will be a public service event and we will be inviting the public
through announcements in the local papers. We also plan to send letters to other faith-based
groups and social service groups in the area, inviting them to participate.
Please let me know your decision on waiving the fees. Thank you for your time and
consideration.
SinC~
Clarice Auluck-Wilson,
Secretary for the Baha'is of Stillwater
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FYI
Sheriff Frank invites you and your elected officials to attend
the fourth annual Law Enforcement Memorial Day Ceremony at the
Washington County Law Enforcement Center on Friday May 15th at
12:00 noon. The attached press release will provide the
details. We are Looking forward to having you join us on this
day.
E!_eas_~___~_~Y_l'u_t,.1'~_~b-_~~e__ a~_~1_~_2!>_Q~ if you plan on attending.
Also included is a flyer for posting. Thank you.
.
FOURTH ANNUAL WASHINGTON COUNTY LAW ENFORCEMENT MEMORIAL DAY
Sheriff Jim Frank has announced that the Fourth Annual Local
Law Enforcement Memorial Day Ceremony will be held on Friday
May 15, 1998. The ceremony will begin promptly at 12:00 noon
in front of the Washington County Law Enforcement Center in
Stillwater. Last year, over 100 citizens witnessed the event
along with representatives from police agencies throughout
Washington County and from the Minnesota State Patrol.
National Police Week is May 10-16 this year and recognizes
police officers who have died in the line of duty during 1997.
Last year, 160 police officers were killed on the job in the
United States, an increase from 132 in 1996. Corporal Timothy
J. Bowe, Minnesota State Patrol, was shot and killed in the line
of duty on June 7, 1997.
Ceremonies will be held during the week at the National Law
Enforcement Memorial in Washington, D.C. Local observance will
be held on the State Capitol grounds to honor the officers from
Minnesota who have given their lives in the line of duty.
This year's ceremony will also recognize National Correction .
Officers' week which takes place during the week of May 3-9.
Washington County is home to two State correctional institutions
as well as the 193-bed County jail facility. These professional
officers deserve our recognition for their daily efforts which
too often go unnoticed in the larger scheme of the criminal
justice system.
The keynote speaker will be Most Reverend Harry J. Flynn, D.O.,
Archbishop of Saint Paul & Minneapolis. Archbishop Flynn has
immediate family that are members of the Law Enforcement
community. St. Paul Park American Legion Post 98 will provide
the color guard Ifor the ceremony. Musical accompaniment will
be provided by the Stillwater Area Junior High School Band.
The public is encouraged to attend the ceremony aE the Law
Enforcement Center in Stillwater and share in fellowship,
including cake and refreshments, following the event.
-ENQ-
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n--
l=A ........ ~.' I"""\! " ,. ~
..: ~ ~ . --"'l i
PL""",~~)b r'u \",' ~
WASHINGTON COUNTY SHERIFF'S OFFICE
LAW ENFORCEMENT MEMORIAL DAY
MAY 15, 1998
.
.................7..
.::{ \:;.
\i.:~:::;::::~::;ii~;
Ceremony at L9.!AQ!Cement Center
,....,.........'"..J~[,...:tJlJ..fJV6bfi;;'......," "......
":;'::':':'::::::;::"
}.
Remarks by Most Rei@,req4:;::~a(r.Y;~Ji"::fly~p:;;,)).ndl\rchbishop of Saint
..".........
Sheriff Jim Frank invites you to observe the ceremony
and share cake and refreshments.
City ob
g tiQQwateh. u\A ihHlegota
Cehtibicate ob u4.:ppheCiatiOh1
p/lese61ted to
LAURIE MAHER
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
. STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO
THE CITY OF STILL WATER, LAURIE MAHER BE, AND SHE IS HEREBY
C011MENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE
SAID LAURIE MAHER HAS SERVED THE CITY F AITHFULL Y,
EFFICIENTL Y AND COURTEOUSL Y AS A MEMBER OF THE
STILL WATER CITY CHARTER COMl\tIISSION FOR EIGHT YEARS. THE
COUNCIL EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED
SERVICE.
BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS
HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE
OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF
THE COUNCIL AND TO DELIVER A CERTIFIED COpy THEREOF TO THE
SAID LAURIE MAHER.
ADOPTED BY THE CITY COUNCIL TIllS 5TH DAY OF MAY 1998.
uUayoll
City o~
g tiQQwaten. uU itlnegota
Centi~icate O~ cAppneciatiotl
plle~et1ted to
RICHARD SLIVIK, JR.
.
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA, THAT FOR IDS DEDICATED SERVICE TO
THE CITY OF STILLWATER, RICHARD SLIVIK, JR. BE, AND HE IS
HEREBY COMMENDED; THAT RECOqNITION BE GIVEN TO THE FACT
THAT THE SAID RICHARD SLIVIK, JR. HAS SERVED THE CITY
F AITHFULL Y, EFFICIENTL Y AND COURTEOUSL Y AS A MEMBER OF
THE STILLWATER CITY CHARTER COMMISSION FOR SEVEN YEARS.
THE COUNCIL EXTENDS TO HIM ITS APPRECIATION FOR IDS
DEDICATED SERVICE.
BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS
HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE
OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF
THE COUNCIL AND TO DELIVER A CERTIFIED COpy THEREOF TO THE
SAID RICHARD SLIVIK, JR.
ADOPTED BY THE CITY COUNCIL TIllS 5TH DAY OF MAY 1998.
vUayolt
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Just The Right Mix Of
Business ~ Pleasure
General Membership Meeting
City of Stillwater
Chamber of Commerce
On The Outside Deck At The Freight House
Wednesday May 20, 1998
5:30 - 7:00 PM
Snacks Provided By The Freight House
Beer Provided by Vital Systems
Cash Bar For Other Beverages
Agenda
Orientation and Social 5:30-6: 1 5
General Meeting 6: 1 5-7:00 .
Party 7:00 to ??
~a~.
.7~;
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~
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CITY OF STILL\VATER CILt\MBER OF COMlvIERCE
324 South Main Street · Grand Garage
Stillwater, MN 55082
Phone: (612) 439-4001
Fax: (612) 439-4513
Website: http://www.stllwtr.com/chamber
BULK RATE
US POSTAGE
PAID
PERMIT # 527
STillWATER. MN
.
.
j d:JlJUl!:JS'l dd1l V lOllilJpOl Sn lllJ'J
Z80SS NW 'l~lJ.eMnHS
'N 'ClAV IepowClW OZ9S
55a:J:Jns 1Jf8A" JO:l 6ufl.uPJ
S3:lIAllHS JlI-IdMHD
~NI}[dO:>tI
~ Metropolitan Council
~ Working for the Region, Planning for the Future
NOTICE:
Metro Meetings is now available electronically through e-mail.
If you have access to e-mail and would prefer to receive Metro
Meetings electronically, please call Dawn Hoffner at 602-1447
and leave your e-mail address, or you can e-mail your address to
dawn.hoffner@metc.state.mn.us.
Metro Meetings is also available on our Web Site at
www.metrocouncil.org. The following week's meetings should
be on the Web Site by noon on Fridays.
Metro Meetings will continue to be made available through the
U.S. mail for those who prefer to receive it this way.
230 East Fifth Street Sl. Paul. Minnesota 5510 1-1634 (612) 291-6359 Fax 291-6550 TDD /TTY 291-0904 Metro Info Line 229-3780
An Equal Opporrunity Employer
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METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan CouncJ1, its advisory and standing
committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and
Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are
occasionally changed Questions about meetings should be directed to the appropn"ate organization.
Meeting information is also available on the Metro Information Lin~at.602-1888 and on our web page at:
www.metrocouncilorg. Comments on-CouncH issues can be made by electronic mail at:
data.center@metc.state.mn.usorbycallingour Public Comment Line at 602-1500.
DATE: May 1, 1998
WEEK OF: May 4 - 8, 1998
METROPOLITAN COUNCIL
Community Development Committee - Mon., May 4, Noon, Chambers. The committee will
consider: exception rents for Section 8 certificate program; amend scope of work and budget
for grant AG-91-19, North Hennepin Regional Trail, Hennepin Parks; amend scope of work
and budget for grant SG-96-25, Como Park parking deck, utilities, etc, City of St. Paul; amend
scope of work and budget for grant SG-95-48 and SG-97 -220, Lake Minnewashta Regional
Park developments, Carver County; role of the Land Use Advisory Committee (LUAC); and
other business.
Investment Review Committee - Mon., May 4, 3 p.m., Carroll Conference Room. The
committee will consider: quarterly report; GASB 31; closure of Metro Transit money market
accounts in process; consolidation of stop payment processes; closure of 4M fund completed;
new portfolio for arbitrage management; and other business.
Finance Committee - Mon., May 4, 4 p.m., Room 2A. The committee will consider: authorize
regional park grants financed with $6 million Metropolitan Council bonds and $19.4 million
of 1998 state appropriations; authorization to contract for temporary employment services;
Metro Transit budget amendments: amend Metro Transit's and the Council's 1998 operating
budget, light rail staffing, CMAQ grant to increase ridership. The next portion of the meeting
may be closed to the public pursuant to MN Statutes section 471.705, subdivision 1A (1996),
to discuss labor negotiation issues. The meeting will then be reopened to the public to discuss
other business.
Technical Advi.50J;'V C'ommittee to the Transp. Advisorv Boa'rd - Wed., May 6, 9 a.m., Chambers.
The committee will consider: legislation on transit and LRT/commuter rail; draft 1999 - 2002
Transportation Improvement Program; two amendments to 1998 - 2000 TIP reo HOY bypass
location changes; Stillwater Bridge update; and other business.
TranstJortation Acce~~ibilitv Advisorv Committee - Wed., May 6, 1 p.m., Room 1A. The
committee will consider: legislative update; T MC bylaws continued; STS transportation needs
assessment; Metro Mobility customer satisfaction survey; Metro Mobility March operations
report; and other business.
Committee of the Whole - Thurs., May 7,4 p.m., Room lA. The committee will consider: light
rail transit briefing; and other business;
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, (TIY: 291-0904). Call the Metro Information Line at 602-1888 for coming
meetings .and other Council information or find them on our web page at
www.metrocounci1.org.
TENTATIVE MEETINGS mE WEEK OF MA Y 11 - MA Y 1 ~ 1998
TransDortation Committee - Mon., May 11, 4 p.m., Chambers
Environment Committee - Tues., May 12,4 p.m., Chambers
,Public Meetinl! tQ Solicit Comment on the Industrial Rate SV1';tem Sn,lQv Task Force Recommendations -
Wed., May 13, 4 p.m., Chambers
Executive Committee - Thurs., May 14, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis
Transit Providers Advisorv Committee - Thurs., May 14, 10 a.m., Room lA
TransDortation Advisorv Committee Planninl! Committee - Thurs., May 14, 1:30 p.m., Room 2A
MetroDolitan Council- Thurs., May 14,4 p.m., Chambers
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
.
Metrooolitan Parks and Open Space Commission /- Tues., May 5, 4 p.m., Chambers. The
Commission will consider: briefing on annual use of the metropolitan regional park system in
1997; state fiscal year 1999 regional park operations and maintenance grants; 1998 summer
tour of regional park system units; and other business.
The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre,
230 E. Fifth St., St. Paul, MN 55101. Meeting times and agendas occasionally may be changed.
To verify meeting information, please call 602-1456. '
METROPOLITAN AIRPORTS COMMISSION
Plannin~ and Environment Committee - Tues., May 5, 2 p.m., Room 3040, Mezzanine Level,
Lindbergh Terminal Bldg. The first item will be a public hearing on the Bureau of Mines property
acquisition - Minneapolis-St. Paul International Airport. The committee will then consider: final
payments on the following MAC contracts: green concourse insulation removal, Administration
Building improvements - St. Paul Downtown Airport, 1995 pavement rehabilitation - Crystal
Airport, runway 13R/ 31 L reconstruction - Crystal Airport, 1997 part 150 sound insulation
program; bids received on the following MAC contracts: 62nd St. relocation/deicing operations
center and Met Center site work, rotating beacon - St. Paul Downtown Airport, part 150 sound
insulation program - April bid cycle; review of upcoming construction project bids; change .
management policy report; March 1998 activity report for Metro Office Park; capital
improvement program adjustments; memorandum of understanding with Mn/DOT for redesign
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of the Hiawatha/Crosstown interchange; Minnegasco easement - MSP; project budget adjustment
- runway 12R/ 30L reconstruction; special Planning. and -Environment Committee meeting - City
of Richfield; reliever airport continuing consultant interviews; Lake Elmo water quality update;
and other business.
Finance Committee - Wed., May 6, 11 a.m., Room 3040, Mezzanine Level, Lindbergh Terminal
Bldg. The first item will be a public hearing on the plan of finance for issuance of airport
revenue bonds. The committee will then consider: quarterly and monthly operating reports;
summary of investment portfolio; summary of air carriers passenger facility charges; working
capital reserve; approval of resolution no. 1789 - PFC application #4; utility update - gas RFP;
bond update; special Finance Committee meeting; and other business.
Mana~ement and Operations Committee -Wed., May 6, 1 p.m., Room 3040, Me~anin.e Level,
Lindbergh Terminal Bldg. The committee will consider: bids received for hot pour sealant;
approval of joint powers agreement with Metro Transit; Macnet 2000 consulting contract; labor
contract settlement - Metropolitan Airports Police Federation; labor contract settlement - Lakes
and Plains Regional Council of Carpenters,& Joiners; labor contract settlement - United
Association, Plumbers Local #34; request to bid for four wheeled loaders - seasonal lease;
Minnesota State Lottery ticket sales - renewal of agreements; recommendation re: adoption of
cart ordinance; recommendation re: consultant selection for continuing consultant - landside
operations; interviews: RFQ for federal aviation legal counsel; legislative update; Year 2000
status report; ACI World Security Standing Committee; public safety training facility update;
Markair, Inc. bankruptcy ruling; and other business.
Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN
55450. For more information, call Lynn Sorensen at 726-8186.
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