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HomeMy WebLinkAbout1998-07-07 CC Packet '\ . REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-15 Council Chambers, 216 North Fourth Street July 7, 1998 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS I. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. FIre Chief 9. Building Official 10. City Attorney 11; City Coordinator OTHER BUSINESS r 1. Tom and Dorothy Stormont - Request'to continue to use existing well ,- I . . 2. Lumberjack Days Agreement v~ 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - June 16, 1998, Regular Meeting " PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Resolution: Commending Don Beberg for over thirty years of service to the City '7); - / ~) b .:" 2. Mary Jordan - Ice Cream Truck OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at th6 thne of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA * 1. Resolution 98-166: Directing Payment of Bills 2. Utility bill adjustments " . 3. Contractors Licenses: B: Street Quality"Contracting, Inc., Mahtomedi; Prestige Pools, St. Paul; Horak Inc, Bayport; John A. Daisin & Son, Inc., Minneapolis 4. Resolution 98-167: Agreement with Minnesota Historical Society for Certified Local Government Grant for Holcombe Addition Architectural Survey, Federal Project No. 27-98-13126A.007 5. Approving addition of pull-tabs to gambling license - St. Mary's Church, Sept. 13, 1998 6. Attendance at MN Municipal Clerks Advanced Academy, July 29-30 - City Clerk 7. Ratification of approval to hang banner on Main Street, July 3-26 - Lumberjack Days 8. Resolution 98-168: Closing of Lily LaRe Enterprise Fund 9. Resolution 98-169: 1998-99 Fire Contr~cts with City of Grant, Stillwater and May Townships 10. Authorization to hold annual marathon for non-public Education on Saturday, October 3 and request for assistance from Police Dept. - St. Croix Catholic School ) City Council Meeting 98-15 July 7, 1998 (consent agenda continued) . 11. Resolution 98-170: Temporary full-time employment of Seth Galewyrick as engineering intern 12. Resolution 98-171: Closing of 1991 B TIP Bond Fund and MSA Fund 13. Resolution 98-172: Memorandum of Understanding with Stillwater Public Manager's Association amending Article XVI - Insurance. 14. Resolution 98-173: Approval of Foresters Agreement 15. Resolution 98-174: Approval of 1997/98 agreement with MN Teamsters Public and Law Enforcement Employees Union, Local No. 320 - Police 16. Resolution 98-175: Appointing Klayton Eckles as authorized official for Flood Damage Reduction Grant Assistance Program 17. Temporary on -sale 3.2% malt liquor license - Ball Tournament at Lily Lake Ball Fields July 17- 19, 1998 - The Big Bear/ The Rock, Jim Gorge applicants 18. Approving Authorization to Dispense - Esteban's Inc., for Lumberjack Days Festival Association, Lumberjack Days 1998 PUBLIC HEARINGS 1. Case No. SUPN/98-35. This is the day and time for the public hearing to consider an appeal of the Planning commission's decision for a request from Susan Smith for a special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB Two Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on June 26, 1998, and notices mailed to affected property owners. (Request from applicant for continuance to July 21) 2. Case No. V/98-30. This is the day and time for the public hearing to consider an appeal of the . Planning commission's decision for a request from Paul Simonet for a variance to the sideyard setback (30 feet required, 24 feet requested) to attach a third car garage to the west of existing garage at 2871 Woodridge Lane in the RA, Single Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on June 26, 1998, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Report: Noise levels at Market Place Car Wash 2. Report: Structural condition of quarry chimney (continued from June 16) 3. Consideration of traffic circle and County Road 12 access to Rutherford School/Liberty Development (continued from June 16) 4. Consideration of approval of parking study for City Hall/Trinity Church area NEW BUSINESS t'Yb' \ '\~ 1. Possible appointment to Board of Water Commissioners (Resolution) \ \1"'l7 2. Possible appointment to Library Board (Resolution) 0,'6' , /'\~ 3. Request for tobacco license - Stillwater Tobacco (Resolution) <L'\ I),P 4. Lakeview Hospital No Parking options . 5. Proposed repair to No. 2nd Street retaining wall 2 \ . . . City Council Meeting 98-15 July 7, 1998 6. Consideration of resubdivision request from Jill Greenhalgh and Rolf Dittman for resubdivision to change driveways/lot lines at 410 N. Fourth St. and 208 West Linden St. in the RB, Two Family Residential District. Case No. SUB/98-34 (Resolution) " f 7. Possible first reading of ordinance amending Chapter 31 of the City Code by clarifying the Cottage Residential District (CR) regulations 8. Possible first reading of ordinance amending the City Charter by adding conflict of interest provision PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS " 1. Valley Co-op, Inc. - Request to hold ~Oth Anniversary celebration in parking lot on Aug. 22 2. Jeanne Anderson, representing Jim and Kay Anderson - request for tunnel license COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are gonsidered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion bn these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. * * Items in italics are additions to the agenda 3 . . . MEMORANDUM July 1, 1998 TO: Mayor and City Council 'f-/ FROM: Klayton H. Eckles City Engineer SUBJECT: Report on June 20th Storm Event DISCUSSION: On Saturday morning at approximately 12: 1 0 a.m. the City of Stillwater was hit by a significant thunderstorm. The storm resulted in many trees throughout the City being damaged or blown down, as well as most, if not all the City being without power. The power outage throughout the City is a unique and very serious situation. A lack of power disables the City's entire sanitary sewer system because the lift stations all require power. Conversely the City's water system gets its pressure from water towers in addition to pumps. Therefore, during this storm event most of the City's lift stations were inoperable, whereas the City's water system was still functioning. Of the City's 12 lift stations only 3 have standby generators. In addition, the City has one portable generator. As people continued to use water, the inoperable lift stations began to backup with sewage and eventually would lead to sewage backing up into resident's basements. To combat this potential disaster City used three strategies. The first strategy was shuttling between inoperable lift stations with the portable emergency generator. This technique worked well to a point, but was ineffective in the case oflift stations that operate in series. The second strategy was to hire outside contractors with sewage tanker trucks to pump out the lift stations and cart the sewage to a location that was still operable. The final and last resort was to shut offwater to the effected area, eliminating the potential of water usage. This was the most serious power outage on record and was the first time that water has been shut off due to a power outage. The problem was enhanced by the fact that it occurred over a weekend when staff and City crews are not always available. Despite the seriousness of the storm damage, I am happy to report that we did not have a single incident of a sewer backup. Much ofthe credit for our success must go to Choc Junker for gathering the resources together and coordinating the efforts to clear the roads of debris for emergency vehicles and deal with the disabled lift stations. I would also like to recognize Nick Chavez who was the sole sewer maintenance worker available who scrambled from one troubled spot to the next and somehow managed to keep the disabled system from complete failure. The cooperation of the members of the Water Department was also invaluable to ensure that the water was shut off and turned back on as quickly as . possible. Although we did make it through this power outage without any sewer backups, the event did point out some areas where it would be advisable for the City to increase its preparedness. The weakest link in our backup system was the lack of emergency generators. The one portable generator was somewhat hampered due to fueling problems and difficulty getting access to the lift stations. At the end of July or early August the City will receive an additional portable generator that will be housed at the annexation area lift station. The addition ofthe portable generator will provide a moderate increase in our capabilities. In addition, I believe we should consider purchasing an additional portable generator and consider building a permanent enclosure at the Myrtle Street Station. This would allow placement of a portable generator at this site. We should also investigate the possibility of providing paved access to all lift stations and a portable fuel tank: to improve our refueling capabilities. Since we are approaching the 1999 budget process, staffwill present some of these options during the course of budget discussions. . . MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Dilapidated property at 124 north Main St. DA: July 2, 1998 Discussion: Accompanying this memo is a report from Jeff Johnson, Structural Engineer, regarding the condition of the building located at 124 North Main St. This building (formerly known as Jim Jams Bar) has been vacant for about 10 to 12 years. The building is in a state of disrepair and I have directed staff to proceed with nuisance abatement procedures to eliminate any hazards associated with the condition of the building. I believe the building will continue to remain in a state of disrepair unless the City acquires the building. Therefore, I would recommend that the City take necessary steps to acquire the property. An appraisal of the property would be the fIrst step in the process. . Recommendation: Council direct staff to obtain market value appraisal of property at 124 North Main St. for possible acquisition of the property. "Z{ vJJ . 06/30/98 11:33 FAX 612 490 2150 SEH ST. PAPL. ~ 0021002 .-rSeJ ~ VADNA/S~N7FRORNE, 200SI!HCENTER, ST. PAUL, MN65110 612490-2OCO 800325-2055 . ARCHITECTURE ENGINEERING EMlIRONMENTAL 'rRANSPORTA TION JUne 30, 1998 RE: City of Stillwater Inspection of Roof Parapet at 124 North Main Street SEH No. A-MSPST970J.00 Ms. Cindy Shilts Building Inspector City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Dear Ms. Shilts: An inspection of the roof parapet at 124 North Main Street was made at the request of the City On June 29, 1998. Several bricks and debris fell to the street from the front parapet during the storm Saturday, June 27 according to neighbors. City bUilding inspectors Zepper and Schlitz accompanied me in accessing and investigating the failure from the roof top. Tin flashing that protected approximately 12 feet of the top of the parapet masonry was not well secured to the masoruy and had likely been dislodged by the strong wind taking several loose brick with it. The street facing ornamental tin work and architectural tin spires are still in tact. Much of the mortar on the back of the parapet had eroded away OVer time leaving the tin cap and bricks poorly attached. . Bituminous composite roof flashing is torn and separating from the parapet due to neglect. , It is my recommendation that the following work be performed as SOon as possible to Secure the parapet from further damage and loss of brick to the street below: ]. Tuckpoint Or remove and re-install the back face parapet brick to the roof line (approx:. 2 feet high by 12 feet wide). 2. Flash the roof to rbe back of the parapet with metal and bituminous. 3. Place new galvanized flashing OVer to top and back 6" of the parapet. 4. Repair the one face of the north original architectural tin spire. 5. Secure the original ornamental street side tin to the new top flashing and cover the open holes were inset ornaments are missing with flashing painted of similar COIOT. This repair will aid in securing the parapet from further deterioration and maintain the integrity of the building as an historic Structure, ~ll~J L- Jeff A. Johnson Structural Engineer SHORHE[Z'b~\tnn\msplil\970 1\c\~hiJl~,630.wpd HENDRICKSON INC MINNEAPOLIS, MN Sr.CLOi.lO. MN CHIPPEWA FALI.S, WI MADISON. WI LAKE COUNTY, IN . EOUAL OPPORTUNITY I!MPLOYER MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Aiple office vessel and Floating barge DA: July 2, 1998 Discussion: As reported at the last meeting of June 16th and per Council direction, staff have made further investigation into the feasibility of accepting the offer of Elayne Aiple to donate the Cayuna to the City of Stillwater. Subsequent to the meeting of June 16th, Mrs. Aiple also offered to donate a barge that was recently constructed by Aiple Marine. The barge has a value of over $40,000 and would be very useful for staging activities on the river (i.e., by the levee) during events such as Lumberjack Days. In fact the Aiples have provided a similar barge to the Lumberjack Days Festival Association for staging events during past Lumberjack Days celebrations. . Although there are still some unknowns associated with the ownership of the two vessels it would appear that it would be in the interest of the City to accept this generous offer by Mrs. Aiple. It would also be appropriate to send a letter of appreciation to Mrs. Aiple for this generous offer and for also providing a high degree of cooperation during the leased property transfer period. Recommendation: Council accept offer of Elayne Aiple to donate floating office vessel and barge. 4t~ . l~ . MEMORANDUM TO: Mayor and City Council FROM: Allen O. Zepper, Building Official DATE: July 1, 1998 SUBJECT: 1023 N. Broadway Street Connection to Municipal Water Supply Tom and Dorothy Stormont, owners of the residence at 1023 North Broadway will be at the 4:30 P.M. meeting Tuesday to request permission to hook-up to the existing well at this location. The Stormonts razed the original home and have constructed a new home on this site. The State Plumbing Code (see attached) requires connection to the water distribution system if a water supply system is accessible unless permitted by the "administrative authority" (i.e. City Council). Water is available to the site. However, the Stormonts are requesting that they be allowed to hook-up to the well because of the cost of extending the water service to the house (I believe the Stormonts had an opportunity to extend the water service to the house when they installed a sanitary sewer service in 1994). . Apparently the owners are claiming that they were informed by city staff that they would be allowed to hook-up to the well and not to the water system when they built the new home. Because of this, I think it is necessary for me to explain the involvement the Building Department had in this matter. First of all, before construction permits were applied for at the above address, Mrs. Stormont called me and asked if it were possible to connect to the existing well with the new house. I responded that it might be possible, but that I had to talk to Mr. Magnuson and I would respond back to her. After conferring with Mr. Magnuson and researching the Minnesota State Plumbing Code, I put a message on the permit application that it was not possible to use the existing well. I put the message on the permit because it is policy and practice (and as I understand a legal obligation) to communicate construction issues via the owner's contractor. Further, Cindy Shilts, Building Inspector, spoke to Ron Derrick, Derrick Construction (owners contractor) on two separate occasions during the plan review process and informed Mr. Derrick that connection to the water system would" be required based on the code requirements and on Mr. Magnuson's opinion that a connection to the water system was required. . Approximately three weeks after Ms. Shilts conversation with Mr. Derrick, Ms. Shilts and I went to the job site and informed the superintendent on the site that the existing well could not be utilized. On a subsequent occasion, the plumbing contractor ( Mr. Bill Martin of Ra-Mar Plumbing) was informed during the rough-in plumbing inspection that he could not hook up to the existing well. Therefore, it should have been clear to the ~ ~ Stormonts and their contractors that the City would require connection to the water supply system and that the well could not be utilized for potable water. . Finally, during a footing inspection at the site, I noticed that the existing well was open and not capped. I also noticed this on a subsequent inspection. I mentioned this to one of the workers the first time I saw it open, and told them that they should protect it. I am not sure what form of protection was made and I am concerned that the well could have become contaminated when it was opened. Therefore, if the Council approves the connection to the well it should be conditioned upon a test of the well. RECOMMENDATION Deny request to hook-up to existing well and require owner to hook-up to city water supply system. . . ,," , ....' . 4715.0300 GENERAL REGULATIONS OF PLUMBING CONSTRUCTION. Subpart 1. Grades of horizont.al piping. See parts 4715.2400 and 4715.231n, subpart 2. Subp. 2. Changes of direction. S~e part 4715.241n. Subp. 3. Prohibit.ed fit.t.ings. See part 4715.2420. Subp. 4. Prot.ection of mat.erial. All pipes passing under or through walls shall be protected from breakage. All pipes passing through or in contact with cinder, concrete, or other corrosive material shall be protected against external corrosion by protective coating, wrapping, or other means that will resist such corrosion. Subp. 5. Const.ruct.ion. Construction shall be of such character as to secure fully the results sought to be obtained in all sections of the code. Subp. 6. Exclusion of mat.erial~ det.riment.al t.o drainage syst.em. See parts 4715.1600 and 4715.1610. STAT AUTH: MS s 326.37 to 326.45 KIST: 17 SR 1279 . 4715.0310 USE OF PUBLIC SEWER AND WATER SYSTEMS REQUIRED. If a public sewer is accessible in a street or alley to a building or premises and the connection is feasible, liquid wastes from any plumbing system in that building must be discharged into the public sewer unless otherwise prohibited by this code or a local ordinance. If a public water supply system is accessible, the water dis~~ibution system must be connected to it unless otherwise permltted by the administrative authority. A water well taken out bf service because a person is connecting to a public water sup~~y must either be maintained for a use such as irrigation, or s~aled and abandoned in accordance with the Minnesota Water Well' Construction Code. (Minnesota Rules, chapter 4725) If either a public sewer or water supply system or both are not available, an individual water supply or sewage disposal system, or both, conforming to the published standards of the administrative authority must be provided. Every building must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises, and connected to a public or private sewer. These manholes must confoL~ to the standards set by the local sewer authority. STAT AUTH: MS s 16B.61; 326.37 to 326.45 KIST: 9 SR 1557; 15 SR 76 . 4715.0320 CONFORMANCE WITH CODE. Subpart 1. Scope. As provided in Minnesota Statutes, section 326.37, the Minnesota Plumbing Code applies to all new plumbing installations, including additions, extensions, alterations, and replacements connected to a water or sewage 21 ~ 1 . ,~ 0t"':~~1) .1\ I' - k r.~~~ :1~"<" l... ~~ <) ~h h~~. ~f-< 3>19 <:YcY J U' I..?' \ _ _;J....- ~...",/\,....... '~' ," \ \~ Lo . ~ .J ~ ~ ;7 c';;' #'.,41/;...... ,'I _~"i :::;:.tJsTII/..J,.EO 81 R."<!k Fa 12-1'/-r;, 3"- '1'( /OIS ; \ , {\ ,If ," - ~ '~I~t J',p ~ ______ g p~. . J-of q!'" ~ ;.&/'V" ':))l~ . 1., i1. ~ 'h l'-NP-"~" _ 3-,-'--;1/ J pI!' ~ ~..v of- 71',0/7 ,;~. .~~- ~ 1t::'/~~'119'1,j;/vJ ~ i//~ ~ ii' q" ~..l. ...) ,J .~?~ -Q...Q. ~::'...J.. "'U 10- \l'. 1 o;l~~' 'i~"~ uJ~ fP'/o')..3 HousE- . P .. A ~ ~ ,i(.,-ft).~ 3 '.M-~ 11. . tJ~f( 1. 7 S ~ S~e;) cPP. (J F6 n P. n(f/E., ~ ').' riJ ~ <"4.. '$:)- <:p . ~~ ':r ~ "'~ ! "\"1 I . ' I'~ ~' I " I \ ~: :\~ i I~ ~\ R\ ~) ~J 'c, , .~~ ...\" ~:.~ ~.(5 ( 2j IJ-t; ipS .- .:; ( .<~ i'; I ;-$6 ~ t-'~ "\t',?> R \0 V ,,\~ ~ ~ ~ ~ {~ ~~~~ _", i ~ \\t ~~-...~<. I ,,~<c.~ ('Y) C1'~\o J ..-.':" i . . II'" ,...1 ~ ..\ vl~ .,' 3 ~;~'v rt~ P'" III ler' \). . . . This letter is to re~st con\inUed use of SII existing well ell 023 N. BrosdwaY. Our situation is uni~: wa have s.func\i.onsl wall lhsl is now idle while wa are building on lIIe fonner hQll\e site, snd \he hQUSe lies in a qusrrY bed willi memely herd limestone cQ'/ered by s. feW inches of soil, about 1 00 feet ftQll\ \he city water line. To the Stillwater City Council: 7 -6-98 ~. !it: ~~. 1 }' t. i j( ~- :~ j: ~ S I i EstiIJlaling \he cost of c\lllllScting to city water is difficult becSJISe \he bsrduess of\he qusrry rock is vsriable, but range from $10,000 .$20,000 for \he water only. We ere slresdy cQllllected to city seWer, SlId do 1JIl(\erstSIld lhsl when lIIe wall does IlQt pess water testins 1haI. wa would cQllllect to city water-until \hen it is l1'Iidenllhsl our situation is UIIIlSIlIlI snd WBIfllIlIs your csrefu\ cQIlIliders!iQllll. \ 1 Thank you lh-lM-,,-,TSio<--I ~SiR" ~ ThQ1Jl8S J Stormout Dorothy K Stormont \ .\ " . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Agreement with Lumberjack Days Festival Association DA: July 2, 1998 Discussion: Accompanying this memo is the proposed agreement between the City of Stillwater and Lumberjack Days Festival Association. The agreement is similar to the agreement the City has had with the Festival Association in the past three years. Mr. Eckberg will be at the 4:30 meeting to discuss the agreement, including consideration of the beer garden situation. Recommendation: Council approve agreement between City of Stillwater and Lumberjack Days Festival Association. /(fl , AGREEMENT . This Agreement made this _ day of , 1998, between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the Lumberjack Days Celebration of 1998, part of a community ""ide celebration of the City; the Lumberjack Days festival Association, Inc., a Minnesota non-profit corporation ("Association"), an steban's Inc. ("Esteban's") the liquor license holder ""ithin the City that has been gran ty to dispense intoxicating liquor pursuant to M.S. ~340A.404, .subd. 4. ("L' quor") ense intoxicating liquor ation of the Beer . nt to set forth the 1. The City has encouraged a community wide ct::I~ ration in tourism within the City of Stillwater and encourage commerce wit . ultimately increase property values and the quality of liD(' welfare of the City. 2. The Association. Esteban's has been granted at the celebration and has contracted with the Associatio'h for Garden where the liquor will be dispensed. It is th se of thi terms and conditions that will control the dispens or at th 3. The Area. The temporary extension of~, remise where dispensing will be permitted is the area bordered h ,>the Minn.t::sota Co al Railroad Track on the east, the north line of Myrtle Street on th h, the$t. Croix Ri er on the east and the south line of Nelson Street on the south, excep the right-of-way oAiChestnut Street (liThe Area"). . . The City will provide the fencing The Association must use their best efforts 5. Cro .........,... sociation will provide, without charge to the City, a minimum of.ei' . ;'ecurity dcers in the evenings, at least twelve (12) of whom will be equippeqyvltl1 radios. '. . g and during the period before the area opens the next day, at least six ( 6) security of,.. 1,1Stremain in the area. At least seven (7) security officers must be on ~'Uty during the day ufitil:OO p.m. when the full complement must be on duty until the crowd is di~pensed and the alllught crew assumes the duty. , . ........ 6. Identification Bracelets. The Association will consider the use of identification brac.eletstocontrolconsumption of alcohol by minors. T No Other Alcohol or Coolers. No liquor is allowed in The Area except that liquor which is sold by the Association. The Association is responsible to see that no other liquor is brought into The Area. The Association must not allow bottles, containers or coolers to be brought into The Area. . I . 8. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an addition insured, as loss payees, in an amount of at least two hundred thousand and nollOO dollars ($200,000.00) per person and six hundred thousand and noll 00 dollars ($600,000.00) per occurrence, for loss sustained by either acts or occurrences that arise from or grow out of the celebration, and Liquor Liability coverage as described in M.S. S340AA09, evidenced at a minimum, the coverage described in M.S. S340A.409, Subd. 1. 9. Signs. The Association will post signs, the numbe approved by the City Police Chief describing the regulatio Area, as well as the prohibition against participants brin of 11 :00 p.m. on 1 be played after e served by vendors 10. Noise Control. The Association is respons. The Area at a level that will not interfere with the peac bluffs on the north, west and south edges of the downto . 12. Police Power. The City re event the City determines, in it's s event, the Association will cease Area. ut down of The Area in the lic safety is threatened. In that the police in the clearing of The 1 to inde might be bro dispensing of h emni 'ssociation agrees to hold the Cityharmle~s and regard to any claims causes of action or demands that ",out of the activities in The Area including the eement. the parties have set their hands this _ day of . 2 , ESTEBAN'S INC. . By Its Subscribed and sworn to before me this day of , 1998. Notary Public L Subscribed and sworn to before me this day of , 1 Q Notary Public . Jay L. Kimble, Its M~yor Attest: Modi Weldon, Its Clerk sworn to before me this , 1998. Notary Public 3 . .. '~ . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-14 June 16, 1998 REGULAR 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 (arrived 5 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell Finance Director Deblon Police ChiefBeberg Fire Chief Kallestad Captain Dauffenbach Building Inspector Zepper City Clerk Weldon Press: Mark Brouwer, Gazette Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Bealka approving the Minutes of June 2, 1998 Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Vern Hill- Noise from car wash blowers. Vern Hill, 2800 Wild Pines Lane, stated he represents a group of people that consider the noise generated by the blowers on the Market Place Car Wash to be a public nuisance. He presented a petition signed by 25 neighborhood residents, requesting the City take steps to make the Market Place Car Wash conform to noise levels, tone pitch, and reasonable hours of use to insure the noise generated by the blowers does not infringe on the quality of life of the citizens in neighboring areas. City Coordinator Kriesel reported the City has received numerous complaints over the past few months regarding the siren-like noise coming from the Market Place Car Wash. The City had monitored the noise last August, but the report stated the noise did not exceed the noise limits of the City Code. However, he feels there is a need to retest again at hours of full operation and at various times of day. The owner informed the City there is a modification to the system, at an approximate cost of $5000, that would reduce the noise. The owner had asked ifTIF assistance is allowable for this modification. Mr. Kriesel suggested the system should have been "neighborhood friendly" in the first place and modifications should be the responsibility of the owner. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to monitor the noise levels at Market Place Car Wash and return with their recommendation at the July 7 meeting. All in favor. .. City Council Meeting No. 98-14 June 16, 1998 j 2. City of Stillwater Chamber of Commerce - Request for beer garden permit. Bob Safe presented a summary of the events planned for the Taste of Stillwater to be held in Lowell . Park (south) and adjacent parking lot June 19-21. He requested the following be provided by the City: water hookup, electrical hookup, barricades placed, extra picnic tables, fencing for beer garden, bleachers. Captain Dauffenbach reported he has been working with Mr. Safe and Diane Rollie on the recommended guidelines for the beer garden. He stated the Chamber had agreed to the following guidelines for beer gardens as recommended by the League of Minnesota Cities (LMC): 1) dramshop insurance; 2) liability insurance; 3) fenced in beer garden with limited access and confined area; 4) six bartenders checking ID' s of people purchasing alcohol; 5) security guards at exits to prevent beer from going outside of beer gardens; 6) signage "no alcohol beyond this point", "Be prepared to show ID", "Alcohol in fenced area only"; 7) security patrolling the inside of garden (non-sworn); and 8) police officer on duty in park. The only recommendation of the LMC the Chamber did not agree to was that beer gardens should have access to only individuals 21 and over. He requested Council direction. Council determined those under 21 could enter the beer garden when accompanied by an adult. This would allow families attending the event to bring their children into the beer garden. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the conditions for the operation of the beer garden for Taste of Stillwater as recommended. (Cummings arrived at 5 p.m.) . OPEN FORUM Brad Smith, Traditional Construction Services, Inc., 611 S. Holcombe, stated he had a house sitting on a trailer on Third and asked authorization to place it on the lot at Owens Street prior to receiving a permit for the move. He explained the house must be moved off the current lot prior to the time needed to complete the application process. Building Inspector Zepper reported no permit application had been received yet. The proposed location to locate the house would need extensive grading and no grading plan has been received. There is also a Planning Commission public hearing process. He recommended the house not be placed at the new location prior to the permit being issued. Council suggested a removal permit be issued and the house "parked" at another location until the permit process is completed. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to work with Brad Smith for a building moving permit. All in favor. STAFF REPORTS Finance Director Deblon presented the 1999 Budget Calendar. Council is tentatively scheduled to . meet with Department Heads on August 11 th and 18th. She requested they select another date (Aug. 1 ih ,17th, or 19th) to complete the meetings. Council determined the additional meeting should be August lih from 5-9 p.m. 2 City Council Meeting No. 98-14 June 16, 1998 . Motion by Councilmember Thole, seconded by Councilmember Bealka setting budget meetings with Department Heads for August 11th (4:30-9 p.m.), 12th (5-9 p.m.), and 18th (4:30-6 p.m.). All in favor. Captain Dauffenbach reported the event calendar submitted by the City of Stillwater Chamber of Commerce for Music on the Waterfront meets all requirements for security. They are also requesting one police officer for each concert. (action taken at end of meeting: contribution of $350 to City Chamber of Commerce to hire off-duty police officer) Community Development Director Russell presented a letter from SRF Consulting Group, Inc, informing Council they have been retained by Richard Braun, facilitator in the mediation process to resolve the impasse with the construction of the proposed interstate bridge, for technical assistance as part of the mediation process. They would have no decision-making role. SRF informed MnlDOT they are under contract with the City for the preparation of the AiplelKolliner Park Master Plans. MnlDOT did not consider a conflict of interest to exist. City Attorney Magnuson stated he concurred that there does not appear to be a conflict of interest. (No action necessary) . City Engineer Eckles reported NSP is currently offering a program to update the City's 12 traffic signals to use state-of-the-art luminaries. The cost savings of using luminaries would be $7200 per year. The cost for conversion is $36,135. The NSP Loan Agreement provides that the dollars saved each year can be used to offset the total cost of the LED system. The payback period would be five years. After the payback period, the City will see a real savings in expenditures of $7200 per year. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-155 approving the loan agreement with NSP for conversion of twelve traffic signals to LED systems. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Fire Chief Kallestad recommended the promotion of Christopher Zeuli to full-time firefighter. (consent agenda) Building Inspector Zepper requested the purchase of file cabinets and authorization for the Building Official and Building Inspector to attend the ICBO Annual Business Meeting in San Diego, CA. (consent agenda) . City Attorney Magnuson reported he has received a copy of the confidentiality agreement regarding settlement discussions related to the proposed new bridge crossing over the St. Croix River. The City, along with the United States, through the United States Department of Justice, the State of Wisconsin, the State of Minnesota, the City of Oak Park Heights, and the Metropolitan Council have been asked to sign the agreement. The request for the agreement has been made because the parties to the agreement are parties to a lawsuit filed in the United States District Court for the District of Minnesota, captioned Sierra Club North Star Chapter et al. v. Pena. et al. Civil No. 4-96-547, concerning a proposed new bridge crossing over the St. Croix River. The agreement would allow the free flow of discussion without the fear the information discussed could be used by one side or the other for litigation purposes. 3 ~ City Council Meeting No. 98-14 June 16, 1998 Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-165 approving the agreement concerning settlement discussions related to the proposed new bridge crossing the St. Croix River and directing City Attorney to sign said agreement. . Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None CONSENT AGENDA * Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the consent agenda. All in favor. 1. Resolution 98-146: Directing Payment of Bills 2. Resolution 98-147: Promotion of Christopher Zeuli to full-time firefighter/engineer 3. 1-4 day temporary on-sale liquor license, June 19, 1998, at Historic Courthouse - River Valley Arts Council 4. Authorization to dispense - Esteban's of Stillwater., for Taste of Stillwater June 19-21, 1998; Music on the Waterfront, June 24, July 1,15,29; Fall Colors Fine Art & Jazz Festival, October 3 & 4 (City of Stillwater Chamber of Commerce) in accordance with City guidelines 5. Purchase of five lateral file cabinets - Building Dept. 6. Contractors Licenses: Chandler Exhibits, Inc., Hudson, WI 7. Purchase of four oxygen kits - Police Dept 8. Approving Certification of Local Performance Aid 9. Attendance at ICBO Annual Business Meeting - Building Official and Building Inspector . 10. Resolution 98-148: Determining necessity for and authorizing acquisition for park purposes of certain property by proceedings in eminent domain - Larson and Hunstman parcels 11. Resolution 98-149: Determining necessity for and authorizing acquisition of certain property by proceedings in eminent domain - Stillwater Yacht Club riparian rights at Mulberry Point 12. Resolution 98-150: Temporary employment of Christine Ann Wahlquist as lifeguard 13. Authorization to request bids for renovation of park restrooms 14. Resolution 98-151: 1998 Memorandum of Agreement for Curbside Recycling Grant Distribution 15. Resolution 98-152: Approving use classification policy and fee schedule for sports complex 16. Resolution 98-153: Employment of Senior Account Clerk 17. Resolution 98-154: Change Order No; 5 - roof openings for sports complex Councilmember Cummings requested Council consider a replacement location for a boat launch to replace the launch that will be closed at Mulberry Point. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to work with other interested government agencies to examine the possibility of developing a site for a boat launch to replace the launch that will be closed at Mulberry Point. All in favor. UNFINISHED BUSINESS 1. Case No. SUB 97-68 (F-l) Final plat approval for 84 lots first phase Legends of Stillwater . subdivision, located west of Long Lake and north of 62nd Street north, Pemtom Land Company, applicant. 4 . . City Council Meeting No. 98-14 June 16, 1998 Community Development Director Russell presented the fIrst phase final plat, which is similar and not substantially different from the preliminary plat approved on February 3, 1998, so only Council approval is needed to allow filing of the final plat. Staff has determined the fInal plat is consistent with City policy, development standards, preliminary plat approval and conditions of approval. Only minor changes or clarifications need to be made. The developer has asked for clarification of the cottage zoning garage setback requirement. Mr. Russell recommended the ordinance be clarified to indicate the six (6) foot setback is measured from the front of the porch or residence in the cottage development as it is in the traditional and lakeshore districts. He recommended approval as submitted with the following conditions: 1) all park areas shall be dedicated to the City with the first phase final plat approval; 2) curbing detail, sidewalk and street crossings shall be constructed as approved by City Engineer and Community Development Director; 3) City Attorney shall approve the CCR and ES; 4) City Engineer shall approve the grading and utility plans for final construction; and 5) the application submittal information shall be provided by the developer for site plan, landscape and architectural review: a) site survey drawing showing topography, drainage and erosion control measures; b) site plan showing required setbacks, open space area and building envelope; c) master site landscape plan using approved native plan natural list; d) elevation drawing of four sides of structure indicating type and quality of building materials; and e) letter indicting Legends Architectural Control Committee's approval. Community Development Director Russell stated the attorneys have recommended park dedications be made as each phase final plat is approved. The original recommendation was to dedicate all parkland at the first phase final plat approval. However, the wording of the City Charter related to the sale of City -owned land would make the process very cumbersome if there were any modifications to the plat and some of the property changed hands. Council concurred with the recommendation to dedicate the parkland as each final plat is approved. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-156 approving the fInal plat for the first phase of Legends of Stillwater as conditioned. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Report on structural condition of quarry chimney. Mayor Kimble stated a request to table this item to the meeting of July 7, 1998, was received from Gary VanCleve, of Larkin, Hoffman, Daly & Lindgren, Ltd. He stated he represents Patricia Hansen, owner of the property on which the chimney sits. She is not able to attend the June 16 meeting and wants to be present for any discussion at a council meeting concerning a matter affecting her property. Motion by Councilmember Thole, seconded by Councilmember Cummings to table the discussion of the report on the structural condition of the quarry chimney to the July 7, 1998, meeting. All in favor. 3. Update on agreement to sell territorial prison site to Territorial Coalition Inc. . A letter was submitted from John Lang, Territorial Coalition, Inc. (TCI), explaining their funding source in New York will be unable to complete the transaction. TCI has taken steps to provide alternative sources to complete the project: 1) Entered negotiations with Stephen Weiss, Fortune 5 City Council Meeting No. 98-14 June 16, 1998 Financial Corporation, Northbrook, Illinois. This step would require TCI to expend significant sums of money for the expenses of the new proposed lender, airfare, updating the appraisal, feasibility study, and other items the lender may require. This could take up to 120 days. 2) Entered into negotiations with David Sweet, Regency Inns Management, Inc., to take over the project with Mr. Lang and Mr. Borum acting as consultants; 3) Entered into negotiations with other developers who own other hotel properties and have their own funding available, and 4) Contacted the St. Paul Port Authority and are in preliminary negotiations with them regarding financing or becoming an equity partner. He requested confirmation that the City is willing to work with TCI while the financing is completed. . Mr. Borum and Mr. Lang presented their request for a 120 day extension. Motion by Councilmember Bealka, seconded by Councilmember Thole approving a 120 day extension to October 16, 1998, for the closing on the purchase of the territorial prison site by the Territorial Coalition Inc. All in favor. 4. Possible second reading of ordinance prohibiting consumption and possession ofliquor in a public place. City Attorney Magnuson presented the ordinance which would prohibit the consumption of or possession of an open container of liquor or malt liquor on any public sidewalk, public street, or public parking area within the limits of the City of Stillwater. This ordinance was previously in the City Code and was inadvertently omitted when the Code was recently recodified. Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of . Ordinance 861 prohibiting the consumption and possession ofliquor in a public place. All in favor. 5. Sanitary Service to 216 W. Wilkins. City Engineer Eckles presented the proposal from Fuhr Trenching to install a manhole and sewer pipe to serve the home at 216 W. Wilkins Street. At the June 2 meeting, Council authorized staff to obtain quotes at a cost not to exceed $3000. The estimated cost is $3800. The additional cost is due to the presence of a telephone conduit that makes the project more difficult to construct. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-157 accepting the proposal from Fuhr Trenching for manhole improvements to serve 216 W. Wilkins St. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 6. Accepting bid and awarding contract for Lakeside Storm Sewer Extension, Project 9734A. City Engineer Eckles explained the storm sewer inlet that drains Lakeside Drive and the surrounding area has reached its service capacity. Storm runoff from three separate drainage areas enter this system. During significant storm events, the system overflows and erosion occurs. Staff sent proposals for the extension of storm sewer on Lakeside Drive to four contractors; three . responded. Fuhr Trenching submitted the low bid of$23,850.50. Funding would be from the storm water utility fund. 6 . City Council Meeting No. 98-14 June 16, 1998 Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 98-158 accepting the bid and awarding the contract for Lakeside Drive storm extension, Project 9734A. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None NEW BUSINESS 1. Proposed assessment refund for 419 W. Maple. City Engineer Eckles reported the sidewalk at 419 W. Maple was part of the 1995 Sidewalk Rehabilitation Program. Significant surface deterioration occurred over the winter; therefore, in 1996 the deteriorated sections were replaced. The surface deteriorated again over the next winter. It appears salt or some other deicing chemical could be responsible. In the future, special concrete mixes and/or sealant for late season concrete pours will be used to minimize this problem. The sidewalk has some deterioration but should still have many years of live. Staff is recommending a partial refund be given to the property owner as compensation for a sidewalk that is not a superior final product. Based on the area that is somewhat deteriorated, the recommended refund is for work on 225 square feet at $2 per square foot, or $450. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-159 authorizing the partial refund of assessments for 419 W. Maple Street. . Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None . 2. Authorizing completion of application for reconveyance to City of tax forfeit parcel described as South 2 feet of Lot 3, Block 3, Carli and Schulenberg's Addition. City Attorney Magnuson reported that one parcel in the Fourth Street Ravine is tax forfeit and the City, therefore, has an opportunity to obtain it for drainage purposes. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-160 authorizing staff to complete an application for the reconveyance of the South 2 feet of Lot 3, Block 3, Carli and Schulenberg's Addition to the City. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Change Order - 4th Street Ravine Improvements. City Engineer Eckles explained the riprap spillway constructed for the Fourth Street Ravine Project has experienced significant erosion from a recent storm event. Staff is looking at the option of extending the storm sewer pipe from the apron to the pond, thus eliminating any possibility of the spillway washing out at the entrance to the pond. Proposals were sent to four contractors, three submitted bids, and MJ. Raleigh Trucking Inc., submitted the low bid at $23,800. Raleigh Trucking constructed the Fourth Street Ravine Project. Therefore, this project could be done by change order. 7 City Council Meeting No. 98-14 June 16, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-161 approval of Change Order No.1 for the Fourth Street Ravine Storm Sewer Project, Project 9726. . Ayes: Councilmember Bealka, Thole, Zoller and Mayor Kimble Nays: Councilmember Cummings 4. Revised location for traffic circle to Liberty property and Rutherford School. Community Development Director Russell reported the original traffic circle and right turn lane shown on the preliminary plat for access off of Co. Rd. 12 to the Liberty project does not meet state and county access standards for that road. A revised plan has been developed that eliminates the right in, right out to the commercial area and locates the new traffic circle access point 950 feet east of the Co. Rd. 15/12 intersection. This plan has been approved by the county, school district, and the city's traffic engineer. This plan would reduce Settler's Park and split it into two pieces; this would make it less usable for play field activities. Staff recommends the developer consider eliminating four lots and changing the residential development type around the park and next to the commercial area from single family to townhouse single family. The developer is considering it but cannot commit to it at this time. Staff recommends approving the new traffic circle location with the condition Settler's Park be in one location and area not reduced. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving new traffic circle . location with no reduction in size of Settler's Park. Dwight Jelle, Westwood Development, asked Council to postpone a decision until a new plan could be developed and presented at the July 7th meeting. Councilmembers Zoller and Cummings withdrew their motion. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the approval of the new traffic circle location to Liberty property and Rutherford School to July 7, 1998, meeting. All in favor. COMMUNICA TIONS/REQUESTS 1. Stillwater Area High School Hockey Booster Club - Request to use Aiple property as parking lot on July 4th and Lumberjack Days as fundraising venture. A request was made to use the Aiple marine site as a parking lot during the 4th of July fireworks and Lumberjack Days as fundraising venture for the new hockey arena/sports complex. They also requested city assistance in the grading and leveling of the site. Motion by Councilmember Zoller, seconded by Councilmember Bealka approving the request of the Hockey Booster Club to use the Aiple marine site as a parking lot during the 4th of July fireworks and Lumberjack Days as a fundraising venture for the new hockey arena/sports complex, contingent upon . Public Works and Police approval. All in favor. 8 City Council Meeting No. 98-14 June 16, 1998 . 2. Perennial Garden Club of Stillwater, Trillium Chapter - Request to clear the title on Stillwater's public rock garden and water fountain. A letter was received from the Garden Club requesting the Council take action to clear the title on the public rock garden and water fountain located on North Second Street across from the Lowell Inn (Post Office Park). It has been enjoyed by the public since it was created in 1934 by the Water Department and tended by the Garden Club for over 30 years. They believe there is strong public sentiment for the rock garden and water fountain to remain public domain. City Attorney Magnuson explained that when the United States Government sold the post office property to a private owner, a conflict arose over whether Post Office Park is actually a dedicated City park or whether the parcel remains under private ownership. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 98-162 determining necessity for and authorizing acquisition of Post Office Park by proceedings in eminent domain. All in favor. 3. Invitation from Brown's Creek Watershed District to watershed resource workshops. 4. Board of Water Commissioners - Financial Statement for year ended December 31, 1997. (no action necessary) COUNCIL REQUEST ITEMS . Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff prepare a resolution and plaque recognizing the years of service of retiring Police Chief Beberg for the July 7, 1998, meeting. All in favor. Councilmember Bealka stated the residents of Nightingale and 620d Street have invited staff and Council to take a walking tour of the area on Thursday, June 25 at 7 p.m. STAFF REPORTS (continued) City Coordinator Kriesel reported the Park and Recreation Board is recommending the Council take steps to acquire the Amundson property that is located just east of Amundson Drive and west of Stonebridge School. As discussed at the last Council meeting, the City had attempted to purchase this property in 1995 for park purposes. The owner did not sell because she believed the property would be rezoned for a townhouse development. The rezoning request was denied on June 2, 1998; therefore, it is likely the property will be developed as single family unless the City acquires the property. John Roettger, Croix Builders, Inc. stated Mrs. Amundson felt the City had not cooperated with her. She has asked him to develop a plan for 26-27 single family homes for the site. If the City wants to purchase the site, the value is much higher now that she is planning to develop as single family lots. . City Coordinator Kriesel stated an offer to purchase the property was made previously. He recommended the property be reappraised. 9 City Council Meeting No. 98-14 June 16, 1998 Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98 -162 . directing the City Attorney to take necessary steps to acquire the "Amundson" property, located east of Amundson Drive and west of Stonebridge School. All in favor. City Coordinator Kriesel also reported Elayne Aiple is offering the floating vessel Cayuga to the City. Council determined more information such as possible use, cost of renovation, and cost of upkeep was needed. Council directed staff to thank Mrs. Aiple for the offer and inform her a decision will be made as soon as staff returns with more information. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing staff to thank Elayne Aiple for the offer of the floating vessel Cayuga to the City and report back on the possible use and cost of maintenance of the vessel. All in favor. City Coordinator Kriesel asked Council to authorize the contribution of$350 to the City Chamber of Commerce to offset the cost of hiring an off-duty police officer for Music on the Waterfront. This would be more cost-efficient than the City providing a police officer. This was discussed earlier in the meeting, but action was not taken at that time. Motion by Councilmember Bealka, seconded by Councilmember Cummings to authorize the contribution of $350 to the City of Stillwater Chamber of Commerce for an off-duty police officer for Music on the Waterfront. All in favor. Community Development Director Russell informed Council an open house will be held . Thursday, June 18 from 6-8 p.m. at City Hall on the alternative park plans for the Kolliner and Aiple properties. Mayor Kimble requested Council commend the players and coaches of the Minnesota AA Champion girls softball team and boys track team. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-164 commending the players and coaches of the girls softball team and boys track team for being Minnesota AA Champions. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 6:26 p.m. All in favor. Attest: Mayor City Clerk . 10 . . . City Council Meeting No. 98-14 June 16, 1998 Resolution 98-146: Directing Payment of Bills Resolution 98-147: Promotion of Christopher Zeuli to full-time firefighter/engineer Resolution 98-148: Determining necessity for and authorizing acquisition for park purposes of certain property by proceedings in eminent domain - Larson and Hunstman parcels Resolution 98-149: Determining necessity for and authorizing acquisition of certain property by proceedings in eminent domain - Stillwater Yacht Club riparian rights at Mulberry Point Resolution 98-150: Temporary employment of Christine Ann Wahlquist as lifeguard Resolution 98-151: 1998 Memorandum of Agreement for Curbside Recycling Grant Distribution Resolution 98-152: Approving use classification policy and fee schedule for sports complex Resolution 98-153: Employment of Senior Account Clerk Resolution 98-154: Change Order No.5 - roof openings for sports complex Resolution 98-155: approving the loan agreement with NSP for conversion of twelve traffic signals to LED systems. Resolution 98-156: approving the final plat for the first phase of Legends of Stillwater as conditioned. Resolution 98-157: accepting the proposal from Fuhr Trenching for manhole improvements to serve 216 W. Wilkins St. Resolution 98-158: accepting the bid and awarding the contract for Lakeside Drive storm extension, Project 9734A. Resolution 98-159: authorizing the partial refund of assessments for 419 W. Maple Street. Resolution 98-160: authorizing staff to complete an application for the reconveyance of the South 2 feet of Lot 3, Block 3, Carli and Schulenberg's Addition to the City. Resolution 98-161: approval of Change Order No.1 for the Fourth Street Ravine Storm Sewer Project, Project 9726. Resolution 98-162: determining necessity for and authorizing acquisition of Post Office Park by proceedings in eminent domain Resolution 98 -163: directing the City Attorney to take necessary steps to acquire the "Amundson" property, located east of Amundson Drive and west of Stonebridge school. Resolution 98-164: commending the players and coaches of the girls softball team and boys track team for being Minnesota AA Champions. Resolution 98-165: approving the agreement concerning settlement discussions related to the proposed new bridge crossing the St. Croix River and directing City Attorney to sign said agreement. Ordinance 861: prohibiting the consumption and possession ofliquor in a public place. 11 . City O~ g tiQQwaten, uU iVlVlegota CentibiCate ob c.AppneciatioVl pltegetlted to DON BE BERG . WHEREAS, DON BEBERG, RETIRED FROM CITY EMPLOYMENT, EFFECTIVE JULY 1, 1998. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, DON BEBERG BE, AND HE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID DON BEBERG HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR OVER THIRTY YEARS. THE COUNCIL REGRETS THAT HE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HIM, ITS APPRECIA TION FOR HIS 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 DON BEBERG. ADOPTED BY THE CITY COUNCIL THIS 7TH DAY OF JULY 1998. vUayoll MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Ice Cream Truck DA: July 2, 1998 Discussion: The Council has received a request from Mary Jordan to allow the use of a bell and to be able to park the vehicle in public parking areas in the downtown business district. I have discussed this matter with other staff and it would be our recommendation that permission to park in public areas in the downtown area be denied. Ms. Jordan was aware of the City's regulation before she obtained a peddlers permit and the regulations have been developed and adopted by the City of Stillwater based on past experience related to ice cream trucks and similar vehicles. In regards to the bell ringing, the regulation was put in the ordinance because of the noise (a distraction to some people) and the fear that children will run after the truck or into the streets and be harmed in some way. Staff did not feel too strongly about this issue and believed that if . the vendor acted responsibly that it may be acceptable. Recommendation: Council deny request for operating in downtown business district and to consider allowing ringing of bell for ice cream truck. ~~u . . 14660 119th St. North StillwlIter, MN 55082 June 29, 1998 Mr. Jay Kimble, MayOI' Members of1be City Cooncil City of Stillwater City Hall Sti11wBt.er, MN 55082 Dear MayOI' and Couocil Membefs. I have been issued a peddlers Iiceose by 1he City ofStillwat.erto operate my business. Eat N' Freeze. I sell pre-paAlIr ice cream produd3, ftozen 1rests. aDd soft driob fiom my VlID. According to 1he city's ordinance l'e88ldios peddlers. we are restricted 1iom any"coogested area 01' ststiooary locatiOll". I am asking . the city council fOl' ~:on to bring my busioelm ioto 1he dowDtown an:&. I would puk at a cud> side; two hour padciog space so as not to impede 1rldIic. I would comply with a police officer's request to move if my prescoce RSUIted in congestioo. or an UDlllIfe condition. ~ 1be ordioance prohibits 1he use of an audible ~rm,g device. I am requesting an exmrptiOll :from 1batprobibitioo.. I would like to use a mlllll1l1tty operated 1JeJl 01' chime OIl my VlID. h would not be electronically amplified 01' f'fJ1umrM I would ring it ooly approximat.e1y ooce every 30 seconds. and ooly while under way. My business will not be successful without 1he ability to use a bell or chime to 8I1IlOUf)Ce my pcesence. Vutoally every adult who has made a purchase fiom me has asked me why I don't have a bell and I have to 1ell1bem about 1he ~ It appears 1bat 1he c:ustomers are not opposed to a bell 01' chime. I might note1bat I have scoxed peddlers licenses in Bayport aDd Oak Pade Heigbm aDd 1here is DO probibitiOll to using a bell or chime in those cities.. Thank you fOl' your consideration. I am available to discuss 1his matter:further if you so desire. SiDcere1y, if~ . :.II . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-166 . Accountemps Ace Hardware Action Rental Air Touch Cellular A.I.C.P.A. Amdahl, Chris American Payment Center Amoco Anderson, Earl F. Archnet Inc. Arend, Jim Aspen Mills AT&T AT&T Wireless Bealka, Gene Beberg, Don Best Brake Board of Water Commissioners Brad Ragan, Inc. Brine's Market Bryan Rock Products, Inc. Business ~quipment Brokerage Capitol Communicatons Carquest Auto Parts Catco Parts Century College Century Power Equipment Clarey's Safety Equipment Clausen, Geoffrey M. Community Volunteer Service Computer Discount Warehouse Coordinated Business Systems Courier, The CY's Uniforms Deblon, Diane Del's Power Equipment Desch, Mark and Gloria D.J.'s Municipal Supply Co. Emergency Apparatus Empson, Don DBA Express Photo . Temporary Staffing Machette/Shovels/Pumps Storage Space Rental Cellular Phone Membership-Diane Deblon Keys and Door Repairs Box Service-3rd Quarter Gas Parking and Loading Signs Payment for Documents Inspection Service Uniforms Equipment Lease Cell Phone Housing, Mileage Title for Forfeiture Exhaust Repair Water Availability Charge Tires and Tire Repair Lunch Meeting Pgra-Lime/Rock Door ~ign Maintenance Truck Parts PumplWheel Cylinder Tuition Linkage for Tractor Fire EXtinguisher R&R Refund for Surface Wear July 1998 Allocation of Contributio' Router, Cable Copier Maintenance CI Minutes/Survey/Council Proce Hat Badge/Badge Mileage, Parking String/Chains Parking Lease/Maintenance Lights for Barricades Brake Repair Completion of HPPA Survey May Processing 2,483.25 281.04 135.00 122.39 95.00 125.60 78.00 395.15 559.48 680.00 450.00 388.35 26.77 419.34 189.44 25.00 187.56 3,762:00 283.59 23.11 391.41 15.98 501.00 241.67 1,142.93 833.34 107.99 15.98 450.00 6,180.00 1,207.99 268.51 362.43 105.96 50.40 167.04 979.65 420.86 1,136.36 4,500.00 124.33 Fire Instructors Assn. Of MN Firstar Fredkove Construction Fred's Tire Freestyle Sales GE Capital IT Solutions George W. Olsen Global Center Goodin Company Gopher State One-Call Gordon Iron & Metal Grafix Shoppe Harvest States Honeywell Commercial Cleaning I.C.B.O. Ice Skating Institute Imagineering Infratech J.H. Larson Electrical Co. Kimble, Jay L. Kriesel, Nile L. Lacal Equipment Lakeland Ford League of MN Cities Lind, Gladys L.J. Schuster Co. Maple Island Hardware Co. Master Civil & Construction Maximum Solutions, Inc. Menards Metropolitan Council Minnesota Dept. of Admin. Nardini Norwest Banks N.F.P.A. On Site Sanitation Quantum Reed's Sales and Service Reliable River Valley Printing St. Cloud ,State St. Croix Animal Shelter St. Croix Office Supplies Secom Reference Books LeVee Wall Handicap Ramp Tire Repair Film Printers Sports Complex Internet Access Pipe for Sign Posts May Calls Angle for Street Dept. Graphics Lettering Bags of Chloride-Streets Daily General Cleaning Conference Registration Membership Network Consulting, E-Mail Grinding Protruding Taps Light Bulbs Housing, Meals, Mileage Housing, Meals, Mileage, Parking Seal for Sweeper Cable for Truck Third Quarter Pr()~erty ~~~c;hase Payroll qhecks, Hardware/Service Charges Lot #82 Software, Service Agreement Safety Fence and Saw June-SAC Building Permit Surcharge Fire Hydrant Inspection Paying Agent Fee Handbook ' Portable Restrooms Inspection Forms Repair of Roller Motor Paper Cards/Letterheads/Envelopes Driving Class Boarding Fee Office Supplies Shotgun Head Lock 310.75 750.00 1,900.00 36.07 144.90 1 ,842.45 632,047.00 109.14 431.53 7.00 31.95 591.08 128.50 3,381.28 750.00 225.00 203.20 1,530.00 24.60 462.35 674.04 80.60 53.05 15,291.75 927.00 567.10 .' 128'.94 21,!)00.00 1,657.96 226.55 5,61~7~OO ".,' 3,854.25, ;'" 42.30 ,...., 37,!).OO'~' ' 115.35 648.62 92.83 321.87 82.48 560.19 1,141.00 285.75 321.35 105.97 , . Sensible Land Use Coalition New Urbanism 50.00 Sherwin Williams Paint for Cross-Walk 148.57 Shilts, Cindy Airline Ticket-San Diego 436.00 Skyline Display 1,083.11 Shorty's May Laundry 66.24 SRF Consulting Group Aiple Property Master Plan 15,506.25 State Of Minnesota Air Tank Inspection 10.00 Stepp Manufacturing Part for Tar Kettle 55.70 Stillwater-Chamber of Commerce Contribution 350.00 Stillwate Fire Dept. Relief Assn. Hotel Reimbursement 453.36 Stillwater Gazette Printing & Publishing 458.88 Streicher's Shotgun Lock, Keyholder 70.63 T.A. Schifsky & Sons, Inc. Asplalt & Tack 1,948.77 Transportation Components Parts for Sweeper 87.07 Twin City Concrete Products Ballfield Marking Lime 233.69 U.S.A. Waste Services May-Monthly Service 90,316.92 Valley Trophy Plaques/Shadow Box 328.37 ' Viking Office Products Office Supplies 215.61 Walmart Batteries for Flashers 31.69 Warning Lites Flashers 2.57 Washipgton County Treasurer 1994 Fordl1996 Chev Lum 17.00 Wybrite, Inc. Maintenance 572.00 . Youth Service Bureau July ,1998 AllOcation of Contributio , 13,044.00 Zee Manufacturing First ~d-StreC9t Dept. ,.37.97 ZE!Pp'er',6.lle~ . Airli~elicket:Sall Diego " ',436.00 'Z?"er, St~ye " PhotoAlbUms~;? ~':38;18 Zoller, Terry Housing~LMC ' 111.26 MANUALS - JUNE 1998 SWIWC Service Cooperatives Health Insurance 7,J47.00, Washington County Treasurer Title Fees ' "'18.00 ADD,ENDUM TO BILLS Air Touch Cellular Cellular Phone ' 137.65 Amoco-Sprint Fuel 1,589.81. Delegard Tool Co. Tools and Supplies 1,479.50 " Ecolab Pest Elimination Pest Control ' " : 227.92 Folz, Freeman, Dupay & Assoc. 1 st Street Reconstruction 3,289.00 Legislative Associates Fees for Services 6,2!.?00, Magnuson Law Firm Fees for Services .11,437.J5 . Marv's Profes,sional Tools Small Tool Repair " 22.90 . McCollister & Co. Oil for Shop 196.17 NSP Rochester Ford Ruffridge Johnson St. Croix Events Stillwater Yacht Club SWIWC Service Cooperatives Thole, Eric Veesenmeyer Construction W.H. Penny Company Electricity Repair Backhoe Sprocket and Chain Contribution for Fireworks LeVee Wall Health Insurance-July Housing and Mileage-LMC Horse Shoe Pits Guns 6,157.05 1,211.10 74.09 5,000.00 17,300.00 6,834.25 204.26 2,600.00 21,125.87 Total Due: 947,954.81 Adopted by the City Council this 7th day of July, 1998. APPROVED FOR PAYMENT '. oil ,. ". CITY OF STILLWATER . MEMORANDUM TO: Mayor and City Council Sharon Harrison, Assistant Finance Directod6tl July 1,1998 FROM: DATE: SUBJECT: Utility Bill Adjustments Description Recommendation 1. Leaky toilet fixed in April. Reduce July 1998 & future to prior 4 year average of 211gallon per quarter. 2. Leaky faucet fixed in March. Reduce July 1998 & future to prior 4 year average of 19/9allon per quarter. . 3. Leaky toilet fixed in May. Reduce July 1998 & future to prior 4 year average of 5/gallon per quarter. 4. Leaky toilet fixed in May. Reduce July 1998 & future to prior 4 year average of 12/gallon per quarter. 5. Leaky toilet fixed in March. Reduce July 1998 & future to Plior 4 year average of 10/gallon per quarter. 6. Leaky toilet capped off in May. Reduce July 1998 & future to prior 4 year average of 27/gallon per quarter. 7. Leaky toilet fixed in May. Reduce July 1998 & future to prior 4 year average of 13/gallon per quarter. 8. Leaky toilet disconnected in May. Reduce July 1998 & future to prior 4 year average of 27/gallon per quarter. . ) f' t' No. 98-41 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington . WHEREAS, Horak Inc has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Horak Inc., 226 Third Avenue South, Bayport MN 55003 is hereby licensed and authorized as Tree Trimmingfor the period of one year starting June 3D, 1998 and ending June 30, 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 7th day of July A.D. 1998. Attest: Mayor: tI. No. 98-42 $40.00 GENERAL CORPORATE LICENSE STATE OF :MINNESOTA City of Stillwater County of Washington WHEREAS, John A. Daisin & Son, Inc. has paid the sum of Forty and 001100s 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 John A. Daisin & Son, Inc., 2830 20th Avenue South, Minneapolis MN 55407 is hereby licensed and authorized as Roofing for the period of one year starting June 18, 1998 and ending June 18, 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 7th day of July A.D. 1998. Attest: Mayor: . . . . No. 98-40 $40.00 GENERAL CORPORATE LICENSE STATE OF l\'llNNESOTA City of Stillwater County of Washington WHEREAS, Prestige Pools 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 Prestige Pools, 3 East LIttle Canada Road, St. Paul, MN 55117 is hereby licensed and authorized as Pool Installation for the period of one year starting June 24, 1998 and ending June 24, 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 7th day of July A.D. 1998. Attest: Mayor: No. 98-39 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, B. Street Quality Contracting Inc. has paid the sum of Forty and 00/1 ODs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NO W, THEREFORE, By order of the City Council, and by virtue hereof, the said B. Street Quality Contracting, Inc., 101 Dahlia Way. Mahtomedi MN 55115 is hereby licensed and authorized as Pool Installationfor the period of one year starting June 18. 1998 and ending June 18, 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 7th day of July A.D. 1998. Attest: Mayor: . ~ \; . ----- MINNESOTA HISTORICAL SOCIETY CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT . 0284 FISCAL YEAR 1998 OBJECT CODE 5720 FEDERAL PROJECT NUMBER 27-98-13126A.007 DOLLAR AMOUNT ACCOUNT NUMBER $4,575 HPF grant funds $7,200 applicant match This Agreement is made by and between the Minnesota Historical Society hereinafter called the Society), and City of Stillwater (hereinafter called the City), pursuant to authority granted by the National Historic Preservation Act of 1966, as amended. WHEREAS, pursuant to the Act, the Society has been allocated funds by the United States Department of the In~erior for use by Certified Local Governments for qualifying historic preservation activities; and WHEREAS, the City has applied for and been granted Certified Local Government Status and has made application for Certified Local Government funds to be utilized in carrying out the project described in Attachment A of this Agreement ~ , NOW, THEREFORE, in consideration of and in reliance upon the mutual covenants and agreements contained herein, the parties hereto do covenant and agree, each for themselves and their respective successors and assigns, to carry out the project under the following provisions. . I. PROJECT DESCRIPTION A. The Project Time Period, Work Summary, Photograph Guidelines (where applicable), Consultations and Progress Reports, Final Products, Project Director's Report, Project Budget, and Reimbursement Schedule are described in the Project Description, Attachment A, which is attached hereto and made a part hereof. B. The City agrees the project will be carried out as described in the Project Description, unless modified pursuant to the provisions of Section V of this contract. C. The Society will reimburse the City for the budget costs identified as Historic Preservation Fund (HPF) federal dollars in the Project Description, following submittal of materials as described in Section III of this Agreement. Final products which do not conform to the terms and conditions of this Agreement or which do not meet the applicable Secretary of the Interior's Standards will not be reimbursed. II. ASSURANCES A. The City assures that all work carried out on this project will conform to the Secretary of the Interior's Standards for Archaeology and Historic Preservation (as published in the Federal Register of September 29, 1983) and that the project . -. . . City of Stillwater CLG AQleement o Federal Grant No.: 27-98-J3126A.007 personnel meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983) as stipulated in the Project Description. B. The City assures that this project will be administered and conducted in accordance with the following: 1.0MB Circular A-87 "Cost Principles Applicable to Grants and Contracts with State and Local Government" and OMBCircular A-I 02 (revised) "Uniform Requirements for Assistance to State and Local Governments." 2. Department of the Interior regulations 43 CFR Part 12, Subpart C - "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." a. In addition to the requirements of these regulations the City will allow a minimum of two weeks between the date bid solicitations are published and the date bidders must respond; and allow eighteen calendar days between the date invitations are mailed to potential bidders and the date bidders must respond. 3. Public LawlOl-517, Title V, Section 511, states: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be furnished by nongovernmental sources. 4. The "Single Audit Act of 1984." 5. National Register Programs Guideline NPS-49. c. The City acknowledges that this project is being supported, in part, with funds from the United States Department of the Interior. As a condition of receiving such funds, the City agrees that the City shall be considered an "applicant" for federal funds, as that term is used in the "United States Department of the Interior Civil Rights Assurance." As a condition of this Agreement, the City shall complete and execute the attached Civil Rights Assurance, the terms of which are hereby incorporated as terms of this Agreement (see page 7). The City also agrees as follows: In the hiring of common or skilled labor for the performance of any work hereunder, no contractor, material supplier or vendor shall, by reason of race, creed or color, discriminate against any person or persons who are citizens of the United States, or page 2 . . "'~~ - ~..""">- '_""~.:-" r .>-~:-.,r:->.<~";";"'._.~,~""';:}:...f":'-'"- ~"...--....... -""""""-._~~._..- City of Stillwater CrG Agreement Federal Grant No.: 27-98-13126A.007 resident aliens, who are qualified and available to perform the work to which the employment relates. No contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent, or conspire to prevent, the person.or persons from the performance of work under any contract on account of race, creed or color. The violation of this section is a misdemeanor pursuant to Minnesota Statutes. This Agreement may be canceled or terminated by the Society, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms of this section. D. The City will indemnify and save and hold the Society and the Department of the Interior harmless from any and all claims or causes of action arising from the performance of this project by the City. E. The City agrees to make repayment of grant funds to the Society if terms and conditions of this Agreement are not followed or costs claimed are subsequently disallowed. F. The City, in accordance with provisions of 18 USC 1913 regarding lobbying, assures that no part of grant budget will be used directly or indirectly or to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. This shall not prevent communicating to members of Congress on the request of any member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. G. The City agrees any publications, studies, reports, presentations, films, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgment ofHPF grant funds and nondiscrimination policy as follows: "The activity that is the subject of this (type of publication) has been financed (in part/entirely) with Federal funds from the National Park Service, U. S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U. S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or disability in its federally page 3 i.. -~..-...........-_:.,:. . . . ;t;;t~JiT;{}: ~+.~~:'; '. -;;> -. ~ f -.0..... City of Stillwater CLG Agreement Federal Grant No.: 27-98-13126A.007 . assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, U. S. Department of the Interior, National Park Service, P.O. 37127, Washington, D.C. 20013-7127." H. The City assures that transferred federal monies will not be applied as part of the matching (applicant) share, and that monies used as match on other federal grants will not be used as matching (applicant) share on this project. 1. The City agrees not to contract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. Current lists of such parties are on file in the Society's Grants Office and are available for review by the City. As a condition of this Agreement, the City shall complete and execute the attached Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Lower Tier Covered Transactions (see page 8). (See instructions on page 9.) III. REHvfBURSEMENT PROCEDURES . . D. A. Payments under this Agreement will be made on a reimbursable basis according to the schedule included in the Project Description (see Attachment A). All supporting fiscal documentation must be submitted prior to reimbursement. B. A Request for Reimbursement must include the following: 1. Requestfor Reimbursement Form (see Attachment B). 2. Supporting fiscal documentation for all project costs during the period covered by the request, including both federally funded items and applicant match items. (See Attachment C for Information on Allowable Costs.) 3. If project work begins prior to September 30, and the City wishes to claim these costs, a Request for Reimbursement must be submitted at the end of the federal fiscal year. Applicant match must be equal to, or may exceed, the federal funds requested as of September 30 (also see Reimbursement Schedule of Attachment A). 4. Final Product(s) and the Project Director's Report are to be submitted with the Final Request for Reimbursement Form (see Attachment A). C. The Request for Reimbursement Forms shQuld be submitted to Mandy Skypala, Minnesota Historical Society, Grants Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102-1906. . When both the financial documentation and the product documentation has been found to be acceptable by the Society, funds will be requested from the Department of the page 4 Federal Grant No.: 27-98-13126A.007 IV. AUDIT The City must submit a copy of all audited financial statements completed pursuant to OMB Circular A-128 for all fiscal years which include the project period. These must be submitted to Greg Oldenkamp, Minnesota Historical Society, Finance Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102-1906, within 120 days of their completion. . V. AMENDMENTS AND CANCELLATION A. Amendments 1. Any significant variations from the approved work summary, products, budget, and performance/reporting milestones described in Attachment A which are experienced or anticipated during the course of the project and any significant problems, delays, or adverse conditions which materially affect planned performance should be submitted in writing to Mandy Skypala, Minnesota Historical Society, Grants Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota, 55102-1906. The Society will respond in writing, either approving or not approving the changes, and may amend the contract if deemed necessary. The City is aware that some changes may require approval by the National Park Service and agrees to submit any necessary changes as early as possible during the project period. Variations which are not known until the conclusion of the project may be submitted with the final Request for Reimbursement; however, the City l:lnderstands that costs may be disallowed if changes are not approved. 2. If any part of the budgeted federal grant funds will not be used, the City must notify the Society at least sixty (60) days before the project's ending date. Failure of the City to notify the Society may result in the loss of federal funds to the state, and may have an adverse effect on future applications for CLG funds by the City. B. Cancellation. The Society reserves the right of termination for cause on a thirty (30) day notice should it be determined that the City has failed to materially comply with the terms and conditions of this Agreement. This Agreement may also be terminated when both parties agree that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of the Society and/or the City. In the event of termination, the City may be reimbursed for eligible expenses incurred prior to termination or by a negotiated settlement. page 5 !! " .L~ ..._.".~ . . . . '......-'~~~...- .., 0.: 7:fJ"ts=r3IZ6JF.U07"'-"""- -"" """~-- .. ~,. -' ':.~"'- ". -, Once this A~ement is signed, it controls all activities during the project time period. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date(s) indicated below intending to be bound thereby. Minnesota Historical Society 345 Kellogg Boulevard West Saint Paul, Minnesota 55102 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . ( date) ::~~:~:~::::: .. . .. .. ... .. . . .. . . . . .. . . . .. . . . . . . . . . . . . .. . . .. . . . . . . .. .. . . . . . .. . . . . .. Nina M. Archabal, Director Minnesota Historical Society and State Historic Preservation Officer ( date) (print name) Britta 1. Bloomberg (date) Deputy State Historic Preservation Officer (signature-City Clerk or City Manager) ( date) . (print name) (date) Jenna Gruen MHS Contract Officer (signature- HPC Chairperson) (date) (print name) . page 6 ~~::?,~~?-"{":' .'....'-:.._",..: , ~'~t <. I:' .'.; i~:~..:..;..~~~-. ~~:~.~,.-rnx~~}~.;;;~[:.;2.7~~.~..;~5.::-;:i~~~:~--!JJ~~~~~~~.~~~~~!;if~ -10;- _'lLIUth ]'ifth Street Sti[[waterJ 9v(innesota 55082 612-439.1270 l Saint Marys Church . June 25, 1998 ~1 J ~ /'" .' f'j ~""'/ ~ 1_ ~Ii '.'"" .' / -- .....-r Gambling Control Board 1711 W. County Rd. B, Suite 300S Roseville, MN 55113 Re: Gambling Exemption #X-82004-98 Gentlemen: In addition to Bingo and Raffles, we would also like to add Pull-Tabs to our gambling license for September l3, 1998 for St. Mary's Church, 407 So. 5th Street, Stillwater, MN . ~eL Approved by City of Stillwater . '. . . . STAFF REQUEST ITEM DEPARTMENT Administration MEETING DATE 07/07/98 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to attend the Minnesota Municipal Clerks Advanced Academy $219.00 FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost of the Conference is $150.00 plus one niqht stay at a hotel for $69,00. The cost of this would come from Administration's Training Budget. ADDITIONAL INFORMATION ATTACHED YES ---L- NO - - ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY fV!,.,L u Jd}J """ DATE 6/29/98 UNIVERSITY OF MINNESOTA < Minnesota Municipal Clerks Advanced Academy Human Resource Issues, the Municipal. Clerk, and the Municipality Program Thursday, July 30 July 30-31, 1998 Holiday Inn, Mankato 8:30 a.m. 9:00 12:00 noon 1:00 p.m. 2:30 4:30 Friday, July 31 Final Registration Developing Skills in Working with Others: Improving OUf Workplace Relationships Kit Welchlin, Welchlin Communication Strategies Building positive relationships for the municipal clerk is not a luxury, it is a necessity. This session will discuss ways we can leave a great first impression, develop and maintain trust, negotiate resolutions to problems, manage conflict, and deal with difficult people. luncheon Improving our Workplace Relationships. continued Motivation, Rewards, and Recognition Kit Welchlin, Welchlin Communication Strategies What motivates individuals to do a good job? What helpful strategies are available for rewarding and recognizing gOOd. work? Kit Welchlin will introduce the subject and Academy participants will then share ideas about approaches and possibilities. Adjourn 8:45 a.m. 10:00 10:15 11:30 12:00 noon legal Issues and Human Resources Carla Heyl, Attorney, League of Minnesota Cities Jennifer King, Risk Manager, City of Rochester Elizabeth Wheeler, Human Resources/Risk Manager, City of Northfield Learn about important and emerging legal issues in human resources that affect the clerk's role - topics include human resource data practices, veteran's preference, background and reference checks, termination, and emerging issues such as electronic job postings. Break Best Practices in Human Resources - A Panel Discussion Barbara Nelson, Clerk, Spring Lake Park, Moderator Barbara Updike, Director of Human Resources, Mankato State University Krista Amos, Human Resource Director, City of Mankato Panelists will share their perspectives on current issues and trends in human resources. Gain insight into areas such as recruiting and retaining employees, performance management issues, and areas that may make a difference in human . resource practices in municipalities. Open Forum Participants will have an opportunity to discuss questions of interest with the panelists. Adjourn --- -.---------------- --~--.- . . . 9.~ ~illwate\ THE BIRTHPLACE OF .IHNESOTA i) 1. REQUEST FOR INSTALLATION OF BANNER APPLICANT D~ ~ ORGANIZATION ~ 1 ~ ADDRESS TELEPHONE~3o-:;J. 50 ~ 2. 3. 4. A~ BEING PROMOTED BY PROPOSED BANNERS: ~fl- ~ 5. BANNER LOCATION REQUESTED: o ~ Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: ~~ ~~~ COMPANY INSTALLING BANNER: . ~ Address)J.~ ~ ::5;6. Phone 43q -{J(00tj 7. .~ ; i I . . I FOROFFICEUSE ONLY i 10 City o MnDOT Date: (Required forMain Street Locations) Date: Installer verification Date: ~ BANNER REQUIREMENTS A IT ACHED CITY HALL: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6~ MEMO TO: Mayor and City Council . ~ Diane Deblon, Finance Director c>>~ June 29, 1998 FROM: DATE: SUBJECT: Lily Lake Fund BACKGROUND AND ANALYSIS The Lily Lake fund is currently accounted for as an enterprise fund and includes the ice arena, beach and ballfields. With the construction of the new sports complex, the accounting for the Lily Lake Ice Arena will be moved to the St. Croix Valley Sports Complex fund. (Budgets and management have already been approved by council). The remaining ballfields and beaches do not generate revenue sufficient to be classified as an enterprise fund. The ballfield and beach management and operations have beelfwi'thin the Parks Department. CONCLUSION For accounting purposes, the Lily Lake beach and ballfield should be moved to the Parks Department. RECOMMENDATION If council concurs with staff, approve attached resolution closing the Lily Lake fund. . . . . . . RESOLUTION NO. 98-_ CLOSING THE LILY LAKE ENTERPRISE FUND \VHEREAS, the City of Stillwater has established on the books the Lily Lake Enterprise Fund, and WHEREAS, the Lily Lake fund includes the Lily Lake Ice Arena, ballfield and beach, and WHEREAS, the Lily Lake Ice Arena management and operations will henceforth be accounted for in the St. Croix Valley Sports Complex fund, and WHEREAS, the beach and ballfield don't qualify for classification of an enterprise fund, and WHEREAS, the city will continue to operate the Lily Lake beach and ballfield as part of the Parks Department operation. NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater that the Lily Lake fund be closed as of December 31, 1998 with the beach and ballfield operations transferred to within the Park fund. Adopted by council this 7tl1 day of July, 1998. Mayor Attest: City Clerk MEMORANDUM . DATE: July I, 1998 TO: Mayor and City Council jJ~ FROM: Diane Deblon, Finance Director RE: Fire Contracts Attached as Exhibit A is a cost allocation for the fire contracts based on the five-year averaging. Exhibit B is a detailed five-year averaging schedule for each township and city that was used in the calculation of the amounts (Stillwater Township has been adjusted for the recent annexation). 1997-1998 1997 Actual Percent -. Allocation - Actual Cost Increase Based on Contract Allocation (Decrease ) 1998 Budget . City of Grant 79,702 80,679 1.23% 83,195 May Township 45,359 47,745 5.26% 49,234 Stillwater Township 70,047 69,766 (0.40)% 70,016 I would recommend the 1998 - 1999 fire contracts be increased to the 1997 Actual Cost Allocation amounts. This would be a contract amount of$80,679 for City of Grant, $47,745 for May Township, and $69,766 for Stillwater Township. . . . . FIRE PROTECTION CONTRACT THIS AGREEMENT, made this 1st day of May 1998, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the "City" and the Township of Stillwater, an unincorporated governmental subdivision of the County of Washington, hereinafter called the "Township". WITNESSETH, that the City and the Township agree as follows: ARTICLE I The City agrees that from and after May 1, 1998, and until April 30, 1999, it will upon notification ofthe existence and location of any fire in the Township and upon the request for assistance in the extinguishment, with reasonable dispatch, provide two units of motorized fire fighting apparatus, one of which shall be a water transport, suitable for use in the protection of life and property against loss by fire in rural areas each manned by an operator capable of utilizing the apparatus and equipment in an efficient workmanlike manner. Additional men and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional men of the City of Fire Department shall be left to the sole discretion of the City Fire Chief, or his duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ARTICLE II The Townshlp agrees to pay the City in current funds for the performance of this contract, the sum of Sixty-nine thousand seven hundred sixty-six and nolI 00 dollars ($69,766.00), said sum to be payable one-half(~) on or before July 31,1998 and one-half(~) on or before December 31, 1998. ARTICLE III The operation, management and control of the men and equipment provided by the City hereinunder shall at all times be under the charge and direction of the City Fire Chief, or his duly authorized agent. ARTICLE IV The City shall not be liable in damages for injuries to the person or property or its agents, officers and employees directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employee or their agents, negligent or otherwise, while engaged in the performance of this contract. The City or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability. To the extent the City does not have insurance coverage, including by not limited to commercial insurance or self-insurance pool, the Township agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, . damages or other liability of the City, its agents, officers and employees arising from the providing of Emergency Response Services with regard to any hazardous substance, pollutant or contaminant, including any costs associated with the contaminant, removal of or remedial action relating to any hazardous substance, pollutant or contaminate. The City may not enter into any contract with third parties, however, concerning these matters without the written permission of the Township Board if the cost to the Township could exceed two thousand and nollOO dollars ($2,000.00). The Township shall, however, appoint three (3) Board Members to act on its behalf in an emergency. The names, addresses and phone numbers of the Board Members shall be furnished to the City. Nothing in this contract shall be construed to extend or modify the City's and Township's limits on liabilities and immunities under Minnesota Statutes 9466.01 to 9466.15. ARTICLE V Under no circumstances shall the City be obligated to respond to any request for assistance when in the sole discretion of the City Fire Chief, or his duly authorized agent, anyone of the following conditions exists: (1) when necessary men and equipment are engaged in combating fire within the City or elsewhere; (2) when road or weather conditions are such as to constitute an unusual hazard; and (3) when providing of a response would expose any person or property to unreasonable risk of harm from any release of threatened release of any hazardous substance, pollutant or contaminant, and if while City men and equipment are engaged in the performance . of this contract, a fire should occur within the corporate limits ofthe City, the Fire Chief or his duly authorized agent, may in his sole judgement and discretion withdraw all or a portion of such men and equipment form the performance of this contract for the purpose of responding to fire within the City. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written. TOWNSHIP OF STILLWATER CITY OF STILL WATER BY BY Jay L. Kimble, Mayor Attest Attest Morli Weldon, Clerk Date Date . . . . FIRE PROTECTION CONTRACT THIS AGREEMENT, made this 1st day of May 1998, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called "Stillwater" and the City of Grant, a municipal corporation of Washington County, Minnesota, hereinafter called "Grant". WITNESSETH, that the Stillwater and the Grant agree as follows: ARTICLE I Stillwater agrees that from and after May 1, 1998, and until April 30, 1999, it will upon notification of the existence and location of any fire in Grant and upon the request for assistance in the extinguishment, with reasonable dispatch, provide two units of motorized firefighting apparatus, one of which shall be a water transport, suitable for use in the protection oflife and property against loss by fire in rural areas each manned by an operator capable of utilizing the apparatus and equipment in an efficient manner. Additional personnel and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the Stillwater Fire Department. The use of additional firefighters of the Stillwater Fire Department shall be left to the sole discretion of the Stillwater Fire Chief, or his duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ARTICLE II Grant agrees to pay Stillwater in current funds for the performance of this contract, the sum of Eighty thousand six hundred seventy-nine and nollOO dollars ($80,679.00), said sum to be payable one-half ('li) on or before July 31, 1998 and one-half ('li) on or before December 31, 1998. ARTICLE III The operation, management and control of the personnel and equipment provided by Stillwater hereinunder shall at all times be under the charge and direction ofthe Stillwater Fire Chief, or duly authorized agent. ARTICLE IV Stillwater shall not be liable in damages for injuries to the person or property or its agents, officers and employees directly or indirectly resulting from the operation of Stillwater equipment or from acts of omissions of Stillwater officers and employee or their agents, negligent or otherwise, while engaged in the performance of this contract. Stillwater or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability. To the extent Stillwater does not have insurance coverage, including by not limited to commercial insurance or self-insurance pool, Grant agrees to indemnify and hold Stillwater or its agents, officers and employees harmless from any costs, . damages or other liability of Stillwater, its agents, officers and employees arising from the providing of Emergency Response Services with regard to any hazardous substance, pollutant or contaminant, including any costs associated with the contaminant, removal of or remedial action relating to any hazardous substance, pollutant or contaminate. Stillwater may not enter into any contract with third parties, however, concerning these matters without the written permission of Grant if the cost to Grant could exceed two thousand and no/1 00 dollars ($2,000.00). Grant shall, however, appoint three (3) Council members to act on its behalf in an emergency. The names, addresses and phone numbers of the Council members shall be furnished to Stillwater. Nothing in this contract shall be construed to extend or modify the Stillwater's and Grant's limits on liabilities and immunities under Minnesota Statutes S466.0 1 to S466.15. ARTICLE V Under no circumstances shall Stillwater be obligated to respond to any request for assistance when in the sole discretion of the Stillwater Fire Chief, or his duly authorized agent, anyone of the following conditions exists: (1) when necessary personnel and equipment are engaged in combating fire within Stillwater or elsewhere; (2) when road or weather conditions are such as to constitute an unusual hazard; and (3) when providing of a response would expose any person or property to unreasonable risk of harm from any release of threatened release of any hazardous substance, pollutant or contaminant, and if while Stillwater personnel and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of Stillwater, . the Fire Chief or duly authorized agent, may in their judgement and discretion withdraw all or a portion of such personnel and equipment form the performance of this contract for the purpose of responding to fire within Stillwater. IN WITNESS WHEREOF, the parties hereto executed this Agreement as ofthe day and year first above written. CITY OF GRANT CITY OF STILL WATER BY BY Jay L. Kimble, Mayor Attest Attest Modi Weldon, Clerk Date Date . . . . FIRE PROTECTION CONTRACT THIS AGREEMENT, made this 1st day of May 1998, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the "City" and the Township of May, an unincorporated governmental subdivision of the County of Washington, hereinafter called the "Township". WITNESSETH, that the City and the Township agree as follows: ARTICLE I The City agrees that from and after May 1, 1998, and until April 30, 1999, it will upon notification of the existence and location of any fire in the Township and upon the request for assistance in the extinguishment, with reasonable dispatch, provide two units of motorized fire fighting apparatus, one of which shall be a water transport, suitable for use in the protection of life and property against loss by fire in rural areas each manned by an operator capable of utilizing the apparatus and equipment in an efficient workmanlike manner. Additional men and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional men of the City of Fire Department shall be left to the sole discretion of the City Fire Chief, or his duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ARTICLE II The Township agrees to pay the City in current funds for the performance of this contract, the sum of Forty-seven thousand seven hundred forty-five and no/l 00 dollars ($47,745.00), said sum to be payable one-half (Yz) on or before July 31, 1998 and one-half (Yz) on or before December 31, 1998. ARTICLE III The operation, management and control of the men and equipment provided by the City hereinunder shall at all times be under the charge and direction of the City Fire Chief, or his duly authorized agent. ARTICLE IV The City shall not be liable in damages for injuries to the person or property or its agents, officers and employees directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employee or their agents, negligent or otherwise, while engaged in the performance of this contract. The City or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability. To the extent the City does not have insurance coverage, including by not limited to commercial insurance or self-insurance pool, the Township agrees to . indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability of the City, its agents, officers and employees arising from the providing of Emergency Response Services with regard to any hazardous substance, pollutant or contaminant, including any costs associated with the contaminant, removal of or remedial action relating to any hazardous substance, pollutant or contaminate. The City may not enter into any contract with third parties, however, concerning these matters without the written permission of the Township Board if the cost to the Township could exceed two thousand and no/I 00 dollars ($2,000.00). The Township shall, however, appoint three (3) Board Members to act on its behalf in an emergency. The names, addresses and phone numbers of the Board Members shall be furnished to the City. Nothing in this contract shall be construed to extend or modify the City's and Township's limits on liabilities and immunities under Minnesota Statutes 9466.01 to 9466.15. ARTICLE V Under no circumstances shall the City be obligated to respond to any request for assistance when in the sole discretion of the City Fire Chief, or his duly authorized agent, anyone of the following conditions exists: (1) when necessary men and equipment are engaged in combating fire within the City or elsewhere; (2) when road or weather conditions are such as to constitute an unusual hazard; and (3) when providing of a response would expose any person or property to unreasonable risk of harm from any release of threatened release of any hazardous substance, pollutant or contaminant, and if while City men and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of the City, the Fire Chief or his duly authorized agent, may in his sole judgement and discretion withdraw all or a portion of such men and equipment form the performance of this contract for the purpose of responding to fire within the City. . The area of the Township regularly serviced by this contract is described in the document which is attached hereto as Exhibit "A". It is understood that the City is not limited to this described area in emergency assist requests by neighboring communities. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written. TOWNSHIP OF MAY CITY OF STILL WATER BY BY Jay L. Kimble, Mayor Attest Attest Morli Weldon, Clerk Date Date . eXHIBIT A - CQ..SIAI..~CAILQJj ASSESSED ESTIMATED ESTIMATED I COMBINED AVERAGES FIRE RUNS VALUATION POPULAITON HOUSEHOLDS TOTAL AVERAGE --- _....~._-----_.,,_._._~---_._- .,-. .------- ..... From Exhibit B..... -- _~tillwat~L9!Y_____ . 74.26% 63.36% 68.10% 72.22% 277.94% 69.49% -- _._".~-~_._.,-----_.~-_. ~~~~n~~~ShjQ~===_==.....=.._=.~=====--- ---< 10.16% 15.47% 12.99% 11.07% 49.69% 12.42% 5.74% 8.52% 8.20% 6.95'Y~ 29.41 % 7.35% Stillwater Township .'.- .--.. ._-~.._----,_.__.- 9.84% 12.65% 10.71% 9.76% 42.96% 10.74% Total 100.00% 100.00% 100.00% 100.00% 400.00% 100.00% L-_____ Total ACTUAL BUDGET 1997 1998 NOTES $587,859 $610080 Adjusted for Fire Relief $58 789 $58789 $2 939 $3 050 $649.587 $671.919 ACTUAL BUDGET 1997 1998 $451 ,398 $466917 $80 679 $83 452 $47745 $49 386 $69 766 $72164 !t649 588 !t671 919 COST OF FIRE PROTECTION Ooeratino_ Costs Depreciation Administration (,05% of oosraii"ons)--. Tolal COST ALLOCATION C1\ Stillwater Cilv Grant City May.Jownshlp _..___________.__... Stillwater TownshiR._______ . __ u____. . (1) The cost allocation is derived by multiplying the total fire protection _ _ cost by each service area's combined five-year average. 1997-1998 1997 Actual Allocation Actual Cost % Increase Based on % Increase CONTRACT AMOUNTS Contract Allocation (2) 1998 Budnet (2) _Qr:.l!r:1!. City ..' _._n....___u._._ ----_.__._~._. $7~02 I-- $80,679 1.23% $83 452 4.71% __tI1.ClY_I QY'nslJip'. -- -.... ....- ____~.45,359 _____ $47,745 5.26% $49,386 8.88% ~m!w...aJE:!r IQ~I1~"-'P_ -- n.__ ______EO,04I__ $69 766 . -0.40% $72.164 3.02% ---- Total $195.108 $198.190 $205.002 '..." . - **** Recommended I 1998-1999 12 As com ared 10 1997-1998 Aclutal Contract Contract ( ) p . . . . . . EXHIBIT B . FIVE YEAR A VERAG.E~ % ofTota! 5 YEAR AVERAGE 1997 1996 1995 1994 1993 SCHE...QUL!LJ\_. FIRE RUNS Stillwater City _grant Ci!Y________~_ _ __ __ _l!1_~Y Township_______ __ _ Stillwater Township ____ n~~~~~J --,--------- . ----- ~------ ------.. 74.26% 453 479 · 514 . 489 432 34 10.16% 62 56 77 64 --~;? 5 ----_. 5.74% ___~5 49 40 30 28 2 _._------ ------ - 9.84% 60 69 . 64 . 63 54 4 -- 9 2 8 8 Total 100.00% 610 Total 63.36% $11.607 $12713 . $12679 . $11 720 --~-- $10903 $10,020 15.47% $2 835 $3191 $3 197 $2 881 $2 509 $2,3912.. 8.52% $1.561 $1,819 $1 742 $1,648 $1 262 $1 335 12.65% $2317 $2 428 . $2618 . $2 407 $2 140 $1 994 100.00% $18.320 $20.151 $20.236 $18.656 $16.814 $15.747 SCHEDULE B. NET TAX CAPACITY Stillwater City Grant Ci .. May Township ... Stillwater Townshi ----"- ---_.~_._- SCHEDULE C. ESllMA TED POPULA liON Stillwater Cltv 68.10% 15595 16.069 . 15 906 . 15.649 15 350 15001 Grant Cltv .. ---.,... --~- 12.99% 2975 4118 2727 2695 2,686 2647 Mav Townshlo ... -_.__...~-- ~-"-~ .- ---. 8.20% 1,879 2,898 1,640 1,630 1,613 1 61~ Stillwater Township -- - -- - .- -. _. -_.-'.'--- 10.71% 2452 2 444 * 2 534 . 24931 2452 2.339 Total 100.00% 22.901 --.-------. ---- ..-....- ---_._.._...~---- - ---.--...-.----- --- SCHEDULED. ESTIMATED HOUSEHOLDS_ _________ ....IDl~_~~r Ci!y' ---- _--l----12.22'Y~t1------- 4,438 ~ __~rant City_~:__ __ ______ 11.07~_ _~~_----280 -11:~~i;'~~;~;"-~ - .-=---lj}~ __ -- -- --_:~ __ ___ ~---~ . _m_ 5881 * 5798 * - 5,688 5 447 ~~g 1,332 880 868_____~33 __~113 .. n____~t. __u________~ _______-_~:~ =---~==_ ~~~==_---=_:-~_~~ Total 100.00% 6.H..5 - -. --.- .,---_._-~_.~--_.~-- - --------~-----~---------------_._--~ ----_._----------~-.-_._. . Adjusted for Annexation .. 67% OF ACTUAL ... 60% OF ACTUAL . . . RESOLUTION NO. 98- APPROVING FIRE PROTECTION CONTRACTS WITH TOWNSillPS OF STILLWATER, MAY, AND CITY OF GRANT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the fIre protection contracts between the City of Stillwater, May Township, Stillwater Township, and City of Grant, for the period May 1, 1998,to April 30, 1999, are hereby approved at the following cost allocation amounts: Stillwater Township May Township City of Grant $69,766 $47,745 $80,679 Adopted by Council this 7th day of July, 1998. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk 06/10 '98 14:24 FAX:612-778-5697 P~GE ID: St. CroIx CwtI.ulic SdIocI 821 SD. ~ sn.t S1IlIMW,..... I6CI2 June 11,1996 stlINlter CIty Counci Ann: Uorll Weldon; City Clel1< Dear Malil: This memo Is to Infoon you that we plan to hold our annual Marathon for Non-Public Education again this year. I'd like to share soms of the history of the marathon with you so you can see what an important 8IIsnt tNs Is for our school and how appreclated your support Is. this marathon originated In 1973. The irtenl is to pI'O'Jide a WW'j for those -M'lo belIeVe In the value and worth of a nonpubllc education to publdy demonstrate their support and raise fundS for the llOnPU~ic education program of their choice. This Is one of the most UI'lique events of its kind in the country booaUS$ 8IIery do.ar raised goes diredly to the nonpublJc school and the adMty or Its choice. At St. Croix CathOlic School the Marathon Is an annual event that children and staff alike look forward to aod wor1t hard to make SUCCessful. The walk d&t8 is Saturday, OCtober 3 from 12:00 noon to 2:00 p.m. We will request that everyone gatMr In tine fora 12:30 start. The route we plan to take Is the same as last year (see attached map). and should take only ~ mInutes to an hour. The police department was 8 big help last year. Captain Bel and Officer LesUe WardeY escorted us through the route. We didn't need to close any roads or use any balTic.ades. We relied on the paRae escorts and the adults in the group to help at the major crossings. Our sees families realy enjoy the marathOfl end we look fofW8rd to wortdng \\4th you on this lNent. PIea&e contad me If you any other questions. I am be reached at 439-5581. Slnoerely, ~ lU~/~ Marty WeIsbe<:k Pr1ndpal, St. Croix Catho~c School 2 . . . 06/10 '98 14:24 FAX:612-778-5697 P~E 3 ID: , ;; ". . (_I rCl"'" ~ (}( CICfOlf -t . \:-;::::? . !~$l ! l ~ --' I .\ "'__U. csr .'HU ! . I .. I -L,I ~Sl' i QS ill !~--t~.. , J i i : I ; ~ MD$~ J)enYu. co 1996 I N RESOLUTION NO. 98- . APPROVING TEMPORARY FULL-TIME EMPLOYMENT OF SETH GALE'VYRICK AS ENGINEERING INTERN BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary full-time employment of Seth Galewyrick, from and after July 13, 1998 through August 28, 1998, is hereby approved; and that as compensation for services the said Seth Galewyrick shall receive wages in the amount of $1 0.00 per hour with no benefits. Adopted by the City Council this ih day ofJuly, 1998. CITY OF STILLWATER Jay Kimble, Mayor ATTEST: . Morli Weldon, City Clerk . . . . MEMO TO: Mayor and City Council Diane Deblon, Finance Director /I:J June 29, 1998 FROM: DATE: SUBJECT: Closing funds BACKGROUND AND ANALYSIS The 1991B TIF bonds are paid in full and there remains $2,046. in the fund. Staff recommends closing this fund and transferring the balance ($2,046) to the 1991C TIF Bonds, which has over $3,000,000 in debt outstanding. This transfer is consistent with the city's TIF plan. The city has approximately $65,000 in the MSA fund. With the creation of the capital project fund, the city has not utilized this fund for a number of years. Staff does not expect to be adding revenue to this fund in the future. It would be more efficient to close this fund and transfer the dollars to the city's capital project fund. CONCLUSION AND RECOMMENDATION Close bond debt service fund 1991B to the 1991C TIF bond debt service fund. Close the MSA fund to the Capital Project Fund. RESOLUTION NO. 98- CLOSING 1991B TIF BOND FUND AND MSA FUND WHEREAS, the City of Stillwater has paid in full the debt for the 1991 B TIF bond issue, and . WHEREAS, the City of Stillwater has the 1991 C TIF bond issue outstanding, and WHEREAS, the 1991 C TIF bonds were issued within the same guidelines of the city's TIF development plan, and WHEREAS, the transfer of the 1991B funds to the 1991C debt service is consistent with the TIF plan, and WHEREAS, the City of Stillwater has an MSA fund, and WHEREAS, the City of Stillwater has not used the MSA fund since the creation of the capital project fund, and WHEREAS, the State of Minnesota has changed the laws such that the city does not expect to contribute revenues to this fund in the future, and WHEREAS, the City of Stillwater wishes to eliminate unnecessary funds, and WHEREAS, the expenditures of funds from the capital project fund is consistent with the purpose of the MSA fund. NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater that the following funds be closed and residual equity transfers made: 1991 B TIF Bond to 1991 C TIF Bond and MSA Fund to Capital Project Fund Adopted by council this th day of July, 1998. Mayor Attest: City Clerk . . . MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Memorandum of Understanding- hospital/med insurance contribution for Managers agreement DA: July 2, 1998 Discussion: Accompanying this memo is a Memorandum of Understanding between the City of Stillwater and Managers Association. The agreement between the City and the Managers Association provides that the contract shall be reopened for negotiation of city contribution toward hospital/medical insurance. The memorandum establishes the City's contribution for 1998 which is the same as for the other bargaining units. Recommendation: Council adopt resolution approving Memorandum of Understanding between City of Stillwater and the Stillwater Public Managers Association. . -4!~ . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LA W ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320, STILL WATER PUBLIC MANAGER'S ASSOCIATION The City of Stillwater and the Stillwater Public Manager's Association hereby agree to the following: Amending ARTICLE XVI - INSURANCE, Section 16.1: Effective January 1, 1998, the EMPLOYER will contribute up to Three Hundred and Seventy- five Dollars ($375.00) per month per employee toward the EMPLOYER'S group health insurance coverage including dependant coverage. . IN WITNESS WHEREOF, the parties have executed this memorandum of understanding on this _day of ,1998. . FOR THE CITY OF STILLWATER: FOR TEAMSTERS, LOCAL 320, STILL WATER PUBLIC MANAGERS ~~W~ . . . . RESOLUTION 98- APPROVAL OF MEMORANDUM OF UNDERSTANGING BETWEEN THE CITY OF STILL WATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 STILLWATER PUBLIC MANAGER'S ASSOCIATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Memorandum of Understanding by and between the City of Stillwater and Minnesota Teamsters Public And Law Enforcement Employees' Union, Local No. 320 Stillwater Public Manager's Association to amend Article XVI - Insurance, Section 16.1 to read as follows: Effective January 1, 1998, the employer will contribute up to Three Hundred and Seventy-five Dollars ($375.00) per month per employee toward the employer's group health insurance coverage including dependant coverage. is hereby approved, and the appropriate city staff is authorized to sign said Memorandum or Understanding. Adopted by Council this 7th day of July, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Forester Contract DA: July 2, 1998 Discussion: Attached to this memo is the contract employing the services of Kathy Widin as the City Forester. The contract specifies the hourly rates and the services to be performed under the contract. The contract also provides for a "letter of authorization" that will be used to describe the work and the estimated number of hours that will be spent on each work program. I previously suggested that the cost of the work for 1998 (and which will be paid from the Diseased Tree Fund) will be approximately $3000 to $4000 and I will keep this in mind when I issue the letters of authorization during 1998. A proposed budget will be developed for 1999 for council review and approval during the budget process for fiscal year 1999. Recommendation: Council adopt resolution approving Forester Contract. ~/~ . . . . . . FORESTRY CONSULTANT CONTRACT This contract is made July _, 1998, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City", and Kathy Widin, Plant Health Associates, Inc. 13457 Sixth Street North, Stillwater, Minnesota 55082, "Consultant". RECITALS The City desires to retain the services of the Consultant to provide consulting services in the development and maintenance of a forestry management program. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the following services on behalf of the City: 1. Assist in the development of long-range needs and goals for a forest management program. 2. Assist in the development of a tree protection and preservation program. 3. Assist in the development of a tree preservation ordinance. 4. Assist in the development of guidelines for tree preservation in new development areas. 5. Provide following other services as directed: a. Inspect trees on public and private property for disease, insects, hazards and maintenance. b. Complete inventories of trees on boulevards and in park areas to assist with planning for future maintenance and planting needs. c. Make recommendations regarding tree specie selection, maintenance and planting specifications for trees on boulevards and in park areas d. Inspect development parcels regarding vegetation resource identification, construction damage mitigation and re-planting of suitable plant species. Page 1 e. Review development and landscape plans for commercial and residential development projects regarding construction damage mitigation, tree species selection, and maintenance and planting specifications. Provide recommendations for the control of invasive plant species, for establishment and restoration of natural plant communities, and for other natural resource issues as needed. Write grant applications for federal, state or other funds that may be available for tree preservation related programs. Assist in obtaining Tree City status. Attend Parks and Recreation Commission, City Councilor other meetings as needed. f. g. h. 1. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely in the field or at Consultants place of business and not in the Office of the City. SECTION III. COMPENSATION 1. The City will pay Contractor on a mO!1thly basis in accordance with the following: a. $50.00 per hour for services that range from one (1) hour to five (5) hours per month. b. $43.00 per hour for services that range from six (6) hours to fourteen (14) hours per month. c. $38.00 per hour for services that exceed fifteen (15) hours per month. d. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City. 2. The City shall issue a letter of authorization to the Contractor authorizing the Contractor to perform services per this agreement. The letter shall include a summary of the work program and the estimated number of hours that the consultant will provide in order to carry out the authorized work. The letter of authorization shall be signed by the City Coordinator or hislher designee and shall be used as authorization for the Contractor to proceed with the work program. 3. For purposes of determining compensation, the hourly rate of$38.00 shall be paid for services rendered during a three month period. At the end of the three month period the hours worked shall be averaged for that period and the Contractor shall Page 2 . . . . . . be entitled to receive additional compensation based on the average number of hours worked per month and at the rate established in Section III. 1. 4. Contractor shall submit an invoice to the City to receive payment for services. The invoice shall contain a description of the services rendered including the dates and hours the work was performed. The City shall pay contractor within seven (7) days from the date of the next regularly scheduled City Council meeting after the invoice is submitted to the City. SECTION IV. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION V. INDEMNlFICA nON Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability , loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VI. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. SECTION VII. DURATION This contract will be in effect from July 1, 1998 through June 30, 1999 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party. Page 3 IN WITNESS WHEREOF, the parties have set there hands this _ day of July 1998. Page 4 City of Stillwater: By Jay Kimble, Mayor By Modi Weldon, City Clerk Plant Health Associates, Inc.: By Kathy Widin . . . . . . ~i_llwate~ '" """''' " ""..".~ LETTER OF AUTHORIZATION FOR FORESTER SERVICES SERVICE PERIOD: SERVICE ISSUED TO: AUTHORIZED BY: TITLE: DATE ISSUED: ESTIMATED HOURS RESOLUTION 98- APPROV AL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND KATHY WIDIN, PLANT HEALTH ASSOCIATES, INC. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement, attached hereto as exhibit A, by and between the City of Stillwater and Kathy Widin, Plant Health Associates, Inc. to provide consulting services in the development and maintenance of a Forestry Management Program, is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this ill day of July, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk ..- . . . MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: 1997/98 Police contract DA: July 2, 1998 Discussion: Accompanying this memo is the 1997/98 labor agreement between the City of Stillwater and Police, Local 320. The agreement is consistent with the recent arbitration award. Recommendation: Council adopt resolution approving labor agreement between the City of Stillwater and Teamsters Police, Local No. 320. 1/;0 . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 . January 1, 1997 through December 31,1998 . TABLE OF CONTENTS . ARTICLE PAGE I PURPOSE OF AGREEMENT 1 II RECOGNITION 1 III DEFINITIONS IV EMPLOYER SECURITY 2 V EMPLOYER AUTHORITY 2 VI UNION SECURITY 3 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 VIII SAVINGS CLAUSE 6 IX SENIORITY 6 X DISCIPLINE 7 XI CONSTITUTIONAL PROTECTION 7 XII OVERTIME 7 XIII COURT TIME 8 . XIV CALL BACK TIME 8 XV WORKING OUT OF CLASSIFICATION 8 XVI SICK LEAVE 8 XVII SEVERANCE PAY 11 XVIII HOLIDAYS 11 XIX VACATIONS 12 XX UNIFORMS 12 XXI INSURANCE 12 -XXII LONGEVITY/EDUCA TIONAL INCENTIVE 13 XXIII UNION STEWARD 14 XXIV MILITARY LEAVE 15 XXV WAIVER 15 XXVI HOURS OF EMPLOYMENT 15 . XXVII DURATION 15 APPENDIX A - WAGE SCHEDULE 17 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 . ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1997 between the City of Stillwater, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, . hereinafter called the UNION. 1.2 1.3 ARTICLE II 2.1 2.2 ARTICLE 1/1 3.1 1.1 It is the intent and purpose of this AGREEMENT to: Assure sound and mutually beneficial working and economic relationships between the parties hereto; Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. . RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: POLICE OFFICER POLICE SERGEANT JUVENILE OFFICER INVESTIGATOR NARCOTICS OFFICER In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. DEFINITIONS UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. . 1 . 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 . 320. UNION MEMBER: A member of the Minnesota Teamsters Public Law Enforcement Union, Local No. 320. EMPLOYEE: A member of the exclusively recognized bargaining unit. DEPARTMENT: The City of Stillwater Police Department. EMPLOYER: The City of Stillwater. CHIEF: The Chief of the City of Stillwater Police Department. UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. SCHEDULED SHIFT: A consecutive work period induding two rest breaks and a lunch break. REST BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V 5.1 5.2 . EMPLOYER AUTHORITY The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 2 ARTICLE VI 6.1 ARTICLE VII 7.1 7.2 7.3 6.2 UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any adion taken or not taken by the EMPLOYER under the provisions of this Article. . 6.3 6.4 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. . 3 . . . . 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Representative. The EMPLOYER- designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 Representative. The EMPLOYER- designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated Representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established 7.5 by the Public Employment Relations Board. . ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. . 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7. CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remains 5 . . unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to retum to work within two (2) years of the time of their layoff before any new employee is hired. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. . ARTICLE IX 9.1 9.3 9.4 9.5 . SENIORITY Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 6 ARTICLE X 10.1 10.2 10.3 10.4 10.5 10.6 10.7 DISCIPLINE The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. Suspensions, demotions and discharges will be in written form. Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. Discharges will be preceded by a five (5) day suspension without pay. Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. . . ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII 12.1 12.2 12.3 12.4 OVERTIME Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. Overtime will be distributed as equally as practicable. Overtime refused by employees will, for record keeping purposes under Article 12.2, be considered as unpaid overtime worked. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. . 7 . 12.5 Overtime will be calculated to the nearest fifteen minutes. 12.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief. Carry over of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31 st of each calendar year shall be paid off on that date. ARTICLE XIII COURT TIME An employee who is required to appear in court on their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the two (2) hour minimum. . ARTICLE XIV CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification for one work period or more shall receive the salary schedule of the higher classification. . ARTICLE XVI SICK LEAVE 16.1 EMPLOYEES HIRED PRIOR TO APRIL 24, 1989 a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, one (1) week at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half 8 b. c. d. e. pay for nine (9) weeks. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. If term of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. If term of employment has been 20 to 25 years, full pay for thirty-nine (39) weeks, half pay for thirteen (13) weeks. If term of employment has been 25 years or more, full pay for fifty-two (52) weeks. No disability benefits shall be paid for absence in excess of three (3) consecutive days without a doctor's certification as to sickness. Successive periods of sickness disability shall be counted together as one period in computing the period during which the employee shall be entitled to benefits, except that any sickness occurring after an employee has been continually engaged in the performance of duty for one year shall be considered as a new sickness and not part of any disability which preceded such period of one year. Any employee who is receiving Worker's Compensation benefits because of job connected injury or sickness shall, if the employee assigns their check to the City of Stillwater, receive full wages for that period. Of, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation. For the purpose of this Article, sick leave shall accrue in accordance with the schedule in Section 16.1 on the January 1 st immediately preceding the anniversary date of employment. 3. 4. 5. 6. 7. 16.2 Sick leave will be suspended after benefits have been exhausted. However, an employee who has fulfilled all of the requirements for vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted any disabled employee may apply, in writing, for an authorized leave of absence which when added to the period for which benefits have been paid shall not exceed one year. Such application shall 9 . . . be accompanied by a physician's certificate to the effect that such disabled employee has not been able to retum to work. Upon return to employment, the employee shall retain all accumulated service credit of time worked prior to the employee's disability but shall receive no service credit for the period of absence. EMPLOYEES HIRED AFTER APRIL 24,1989 1. All full-time employees hired after April 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year but less than two years, one week of full pay. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. If term of employment has been 20 - 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employee shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. . 16.3 b. c. d. . e. f. 2. 3. . 10 4. Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall than be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. 5. 6. ARTICLE XVII SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE XVIII 18.1 18.2 18.3 HOLIDAYS Employee shall be entitled to eleven (11) paid holidays per year. Holiday pay shall be made the first pay day in the month of December of each year. The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. Any employee required to work on any of the following holidays shall be granted an additional 18.4 11 . . . . one-half (1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday. New Year's Day July 4th Thanksgiving Day Memorial Day Labor Day Christmas Day 18.5 Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE XIX VACATION 19.1 Permanent employees shall be entitled to the following schedule: From 0 thru 12 months employment 5/6 day per month From 1 year thru 4 years employment 10 days per year After 4 years thru 10 years employment 15 days per year After 10 years thru 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. . 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year except that after five (5) years employment, two (2) weeks of vacation may be carried over into the next year. There shall be a maximum of six (6) weeks vacation during anyone (1) calendar year. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment, including Juvenile Officer clothing. ARTICLE XXI 21.1 INSURANCE A. Effective January 1, 1997, the EMPLOYER will contribute up to Three Hundred and Fifty- five Dollars ($355.00) plus fifty percent (50%) of the increase that became effective on September 1, 1996, per month, per employee toward group health and long-term disability insurance including dependent coverage. In the event the premium for dependent health insurance increases during 1997, the EMPLOYER shall contribute one hundred percent (100%) of any increase over Thirty Dollars . 12 ($30.00). B. The agreement shall be re-opened in 1998 for the sole purpose of negotiating the Employers contribution toward group health insurance premiums. 21.2 Ten dollars ($10) of the maximum stated in 21.1 may be utilized to provide an employee dental insurance program for all unit employees if the UNION notifies the EMPLOYER that the unit employees desire such coverage. 21.3 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. . ARTICLE XXII LONGEVITY/EDUCATIONAL INCENTIVE 22.1 All full-time employees hired prior to April 24, 1989 shall be eligible to receive longevity/educational incentive pay according to the following schedules: A. LONGEVITY PAY 1) Employees shall choose to be paid supplementary pay based on education credits as outlined in Section 22.1 B of this Article or monthly longevity pay as follows: Narcotics Off/ Patrol Juvenile Off/ Officer Investiqator Serqeant After 4 years of continuous employment $ 82.00 $ 85.00 $ 88.00 After 8 years of . continuous employment $137.00 $142.00 $147.00 After 12 years of continuous employment: $191.00 $198.00 $206.00 After 16 years of continuous employment $246.00 $255.00 $265.00 2) These dollar amounts will be paid for longevity until such time as the dollar amount generated by the longevity pay program for other City employees equals or exceeds these amounts. At that time, the longevity pay program in effect for other City employees will be adopted for all employees. B. EDUCATIONAL INCENTIVE PAY 1) After twelve (12) months of continuous employment, each employee shall be eligible to receive pay as follows: 13 . Education Credits stated in . terms of College Pay Increments Quarter Credits Years of Service One Two Three 45 - 89 credits $ 63.67 $ 71.63 $ 79.59 90 - 134 credits $106.12 $119.39 $132.65 135 - 179 credits $148.57 $167.14 $185.72 180 or more credits $191.02 $214.89 $238.78 C. Not all courses are to be eligible for credit Courses receiving qualifying credits must be iob related. (Thus, a 4 year degree is not automatically 180 credits - or a 2 year certificate is not automatically 90 credits.) Job related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C. E. U.'s (Continuing Education Units) in job related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case NO. 78-PN-370-A. Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. . 22.2 For all employees hired after April 24, 1989, monthly longevity pay shall be established as follows, based on top patrol: a. $74.00 per month after 5 years through 10 years. b. $148.00 per month after 10 years through 15 years. c. $222.00 per month after 15 years through twenty years. d. $266.00 per month after twenty years and thereafter. ARTICLE XXIII UNION STEWARD The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this . 14 AGREEMENT. . ARTICLE XXIV MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was . negotiated or executed. ARTICLE XXVI HOURS OF EMPLOYMENT The work week will consist of an average forty (40) hours per week. ARTICLE XXVII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 1997 through December 31,1998. In the event a new AGREEMENT is not in effect January 1, 1999, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. . 15 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this . _ day of ,1998. FOR THE CITY OF STILLWATER: FOR TEAMSTERS, LOCAL NO. 320: . . 16 APPENDIX A WAGE SCHEDULE The following wage schedule shall be in effect Effective January 1. 1997 Start After 6 months After 12 months After 24 months After 36 months (Top Patrol) 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $3,642.00 DIFFERENTIAL PAY Police SerQeant $317.00 per month over the Top Patrol (36 month) rate. Juvenile Officer/lnvestiQator/Narcotics Officer $140.00 per month over the Top Patrol (36 month) rate. 17 . Effective January 1. 1998 70% of Top Patrol 75% of Top Patrol 80% of Top Patrol 90% of Top Patrol $3,752.00 . . ~. RESOLUTION 98- APPROVAL OF LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Labor Agreement, attached hereto as exhibit A, by and between the City of Stillwater and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 7tll day of July, 1998. Jay Kimble, Mayor . ATTEST: Modi Weldon, City Clerk " .. . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Flood Damage Reduction Grant Assistance Program DA: July 2, 1998 Discussion: Accompanying this memo is a resolution the Minnesota Department of Natural Resources requires in order to receive funding from the State of Minnesota for the Levee project. The ' resolution designates Klayton Eckles as the "Authorized Official" for the program. Recommendation: Council adopt resolution naming Klayton Eckles as the Authorized Official for the Flood Damage Reduction Grant Assistance Program Application. --/(~ RESOLUTION 98-175 . LOCAL GOVERNMENT RESOLUTION Be It Resolved, that Klayton Eckles, hereinafter referred to as "Authorized Official" act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application submitted on July 7, 1998 and that Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as "State", for funding of this project on behalf of the Applicant. Be It Further Resolved that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. Be It Further Resolved that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by the project. Be It Further Resolved that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. Be It Further Resolved that upon approval of the application by the State, the Authorized Official may enter into an Agreement with the State for the above-referenced project, and that . the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. Now, Therefore Be It Resolved that Klayton Eckles is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. I Certify That the above resolution was adopted by the City Council of the City of Stillwater on 7/7/98. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . I) -!(), . . - MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: July 1, 1998 v RE: Appeal of Planning Commission Approval of House Occupation Use Permit at 430 South Broadway Street (Case No. SUPN/98-35) This item was approved with conditions by the Planning Commissionon June 16, 1998. Neighbor's commented on the use and expressed concern for the higher nonresident traffic in the area. The Planning Commission, after much deliberation, approved the conditional use permit allowing the existing business to exist until January 1, 1999 and to be conforming with home occupation use permit after that date (one nonresident employee). Since that meeting, the owner of the business has indicated they are looking for a new location for their business. Recommendation: Review of appeal Attachments: Minutes and staffreport for Case No. SUPN/98-35 PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE ;OMMUNITY DEVELOPMENT DEPARTMENT ;ITY OF STILLWATER 16 NORTH FOURTH STREET ,TILLWATER, MN 55082 _ Certificate of Compliance 7 :;onditional or Special Use Permit _ Design Review _ Planned Unit Development* ~n escrow fee is also required to cover the costs of attorney and engineering fees (see attached) he applicant is responsible for the completeness and accuracy of all forms and supporting laterial submitted in connection with any applicatlon. ddress of pro~ Is, oning District hereby state the foregoing statements and all data, information and evidence submitted herewith in fI respects, to the best of my knowledge and belief, true and correct. I further certify I will comply 'ith the permit if it is granted and used." roperty Owner"t~\J\'S \ ~~~\J ~~\\ Representative lailing Address ~~'\::) ~ .\S\l.tJ~\\'-\ Mailing Address elephone No. ~~ Telephone No. Ignature ~ _ ~~ Signature SITE AND PROJECT DESCRIPTION ot Size (dimensions) and Area eight of Buildings: Principal Accessory "::\s x~ Total building floor Area L.k:t.tJ sq. ft. Existing sq. ft. Proposed sq.ft Paved Impervious Area sq. ft. Number of off street t~~pro~ ~ ~\~~-\~ )u Stories Feet 2. evised 5/22/97 , ., ,.,,, "{Jj . . . . . . ) PLANNING APPLICATION REVIEW FORM CASE NO. SUPN/98-35 Planning Commission Date: June 8, 1998 Project Location: 430 South Broadway Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Susan Smith Type of Application: Special Use Permit and Variance Project Description: A special use permit for a home business and a variance for number of employees. Discussion: The applicant has been conducting an accounting business out of her home since 1991. She was not aware a Special Use Permit was required. There are four full time employees, plus her daughter and husband. Office hours are 8:30 am to 5:00 pm Monday through Friday. There is no signage in front of the home. Accounting work is primarily picked up and delivered to the customers. Office supplies products are delivered about once every two months by a UPS truck. There are six parking spaces on an asphalt area behind the garage and house, two vehicles are in the garage and two vehicles in the driveway. No parking is on the street. Recommendation: Denial Conditions of Approval: 1. One nonresident employee shall be allowed. 2. Special Use Permit will be reviewed by the Planning Commission upon complaint. 3. The business shall be conforming, one employee only by January 1, 1999. Attachments: Application form CPC Action on 6-8-98: +5-1 approval .~.. Vital Systems, Inc. Payroll · Bookkeeping · Fillancial Services For The Small Business . May 29, 1998 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Sir: We have applied for a conditional use permit and variance for a home office currently operating out of our home at 430 South Broadway. We are an accounting firm, providing bookkeeping services to small businesses. Over 90% of our customers are located in Stillwater/Washington County. Some of our employees are part-time, and although staff size may vary from time to time, we currently have four (4) FTE employees, plus our daughter, my husband and myself. Our office . hours are from 8:30 am until 5:00 pm Monday through Friday. At this time, there is no signage. Since my husband's primary duty is to deliver and pick up work from our customers at their business location, we have very limited traffic in and out. We do have one customer who picks up his payroll every week, and another who picks it up every other week. Any other visits are either quick drops or by appointment. We have the ability to park six cars on an asphalt area behind the garage and house, two vehicles inside the garage, and two vehicles in the driveway. This eliminates any necessity for street parking. All of our deliveries are office supply products dropped by either UPS or small delivery truck. We have checked with several of our neighbors, and they are very comfortable with the business activity as it currently stands. Weare prepared to bring some letters from neighbors to the planning meetings. I hope this answers all your questions. Please feel free to call if there is any more information you require. Thank you for all your assistance. (We have enclosed a replacement check for $120.00 per your instructions). Sincerely, ~~~ Susan G. Smith 430 South Broadway A Stillwater, MN 55082 A (612) 439-4134 A Fax (612) 439-4513 . ; . Planning Commission June 8, 1998 Vem Stefan asked about allowing the size of the 3-D graphic and whether it might not set a precedent. Mr. Wald asked how far the mural would extend on the south elevation. Mr. Ba1ay said it would extend to an existing window on that elevation, about 25 feet. Mr. Weidner, seconded by Mr. Wald, moved approval as conditioned, with any modifications/final design to be reviewed by the Heritage Preservation Commission; motion passed unanimously. Case No. V/98-33 A variance to the front yard setback (30 feet required, 24 feet requested) for the extension of the roof line with a porch at 1116 Nightingale Blvd. in the RA, Single Family Residential District. Larry and Lonnice Thompson, applicants. Mr. and Mrs. Thompson were present. Mr. Thompson explained that the request was due to a severe hardship caused by water leakage/ice build up. The only way to correct the problem, he said, is to have a secondary pitch to the roof in order to have enough space to add new insulation. . Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned. Members noted there was a demonstrated hardship in granting the variance, and the variance, four feet rather than six feet as indicated in the agenda packet, would not be obtrusive to the neighborhood. Mr. ,Roetman suggested adding a condition that all drainage remain on site; Mrs. Bealka and Mr. Zoller accepted that amendment to the motion. Amended motion passed unanimously. Case No. SUB/98-34 A resubdivision request to change driveways/lot lines at 410 N. Fourth St. and 208 W. Linden St. in the RB, Two Family Residential District. Jill Greenhalgh and Rolf Dittman, applicants. Ms. Greenhalgh was present. She explained that the property at 410 N. Fourth St. is an unusual L-shaped lot. While the house fronts on North Fourth Street, access is off Linden. The applicants have purchased the house on West Linden. There would be no net change to the square footage of either lots if the request is approved, she said. She provided a list of 10 signatures of neighbors in support ofthe request Mr. Zoller, seconded by Mr, Wald, moved approval as conditioned; all in favor. Case No. SUPN/98-35 A special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB, Two Family Residential District. Susan Smith, applicant. Ms. Smith, her husband, Dennis, and daughter, Micki, were present for the discussion. Ms. Smith explained that she started conducting her bookkeeping business from her home in 1989 and did . not realize she was out of compliance with city ordinances. She said her husband does all the 2 ~. Planning Commission June 8, 1998 . pick-ups and deliveries and the business does not generate a lot of traffic. She also noted off- street parking is provided behind the garage. Mr. Wald asked about the number of employees. Ms. Smith said she currently has four PTE employees, although the number varies from time to time. Mr. Wald asked Ms. Smith if she had any plans to expand; Ms. Smith said she felt comfortable with the existing number of clients. Nick Sparta, 438 S. Broadway asked whether the special use permit/variance remains with the property should the property be sold. Mr. Russell said the permit/variance stays with the property unless the owners agree to place a restriction on the deed. Mr. Sparta said he was basically supportive of the request, but would not be in favor if the business use is continued beyond the current owners. He expressed a concern about the impact on property values. He also noted the Smiths had agreed to put up fencing on their property, but had not yet done so. Ms. Smith said they would have no problem with a deed restriction. Mary Ann Sandeen, 516 S. Broadway, expressed a concern about traffic. She noted the street already is busy due to Andersen traffic, tourists and the trolleys. She said she was concerned about additional cars and the possible expansion of the Ms. Smith's business. Ms. Smith reiterated that the business generates little in-and-out traffic. Randi Torgerson, 445 S. Broadway, noted that being an older neighborhood, with 50 square-foot . front frontage lots and single-car garages, parking is an on-going problem. She also suggested that there is no shortage of office space in Stillwater. Ron Nelson, 509 S. Broadway, stated his opinion that allowing home businesses in the older residential areas is not in the best interest of the City. Ms. Smith stated that none of her employees park in the street. When the discussion was brought to the table, Mr. Russell suggested the possibility of granting the applicant a transition time to deal with the hardship of planning for another location. Mr. Roetman stated the business needs to be brought into compliance with the ordinance, but suggested granting a six month period to accomplish that. Mr. Roetman, seconded by Mrs. Bealka, moved approval as conditioned, with the variance to the number of employees to expire Jan. 1, 1999. Mr. Weidner said a better option would be to deny the request, let the applicant appeal to the City Council and have the City Attorney offer an opinion as to the legality of a "temporary variance." Motion passed 5-1, with Mr. Weidner voting no. Mr. Russell noted it should be clarified that when the variance expires, one non-resident employee is allowed according to the home business ordinance. . 3 .- ." . . . Planning Commission June 8, 1998 After the vote was taken, Mr. Sparks reiterated his concern and said he was confused about the implications of allowing one "non-resident" employee. Ms. Smith stated she was willing to place a deed restriction on the property to accommodate Mr. Sparks' concern. It was noted that would be up to Ms. Smith to do on her own. Case No. SUP/98-36 This request was withdrawn. Case No. SUP/DR/98-22 The applicant requested a continuance of the case. Mr. Wald, seconded by Mr. Roetman, so moved; all in favor. Other business: Mr. Russell informed members of upcoming meetings regarding the 62nd Street planning area on June 11 and the Aiple property plan on June 18. Mr. Zoller briefed members on a proposed Conflict of Interest policy and its potential impact on the Planning Commission. Mr. Wa1d, seconded by Mr. Roetman, moved to adjourn at 9:25 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 4 June 9,1998 ~cl-.$ d-,5 \ ~ If fo'b?- ~ ~ ID~,:~oD:~~~ \ . ~~ ... . Steve Russell Community Development Director Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 RE: Planning Commission City of Stillwater Case No. SUPN/98-35 Special Use Permit and Variance for a Home Business 430 S. Broadway Dear Mr. Russell: . With regard to the above case, I wish to hereby appeal the Commissions conditional approval of the Special Use Permit and Variance. I believe this approval to be an error injudgement and not in the . best interests of the neighborhood or city as a whole. Attached please find my check in the amount of $25 which covers the appeal fee. I look forward to hearing from you on how this action will proceed. Sincerely, Nicholas 1. 43' S. Broadway Stillwate~MN 55082 351-7649 (H) 293-2966 (W) . ~ ..' ~...~\;/.':""1"-~.~\ \$ .-- ..... ~. ",,;...... ."". \tj;~;::i~\~ ..... ." -' i.; ..... \..~ ""11. ... ,;~;;~~;,..:.ll~, '<1\ \ .,~~_.... ...-......". \.... .-\..... ~'. \10"- ~\ ~ \ Ct \ \ ~ -"~r;i, \~.....lf.. \~ ~\\ '2>~ ~.... \~\... '\' ~ \,,\.. . \\ 8 .'_ \\~\ \....\ .-...,- ""~ ..-..,. ;~ \ \ \.. .\."" 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'll".. 7 ,5>......... -..-.-. \.-...... 2 ',.$ '\$ 'll\ 'll.... 9 .\...... \ ~ 11 3 '\$ .$ , . 1. ...-..- ..\..... 6 ,5> ..../ $ $'. 66 ""~ 10 ",.$ Location Map 5 .$ 'll TJ2N DIN R22W R2.W IaN{ Vicinity Map o 169 Scale in Feet (\ '1'1IlII. .....1I..lhe...... of. compIIItlon Md nIpl'IIlducaon 01 land ..--..u.y =-~-=::':::"forc::r.=-' ~onIr. w....glDnCounlJ..not ....pondIIIror.,..._... SoIl,.: .....,...1l1li CountJ s~ 0Ifk:e. PtlDne(l12)GOoU1I __......_.....3;~;.;,i ~-, ~ . / Vital Systems, Inc. Payroll A Bookkeeping A Financial Services For The Small Business July 1, 1998 City Council City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attn: More1y Dear Morley: . There is an appeal of the Planning Commission's decision for a special use permit for our home office and a variance for number of employees scheduled for July 7 before City Council. We are in the final stages of negotiation for alternative space. We will not, however, have confirmation by the July 7 meeting. We request a continuance until July 21. At that time we should be able to confirm our plans and date of relocation. Thank you for your consideration. Sincerely, ~~ Susan G. Smith . 430 South Broadway ~ Stillwater, MN 55082 ~ (612) 439-4134 ~ Fax (612) 439-4513 .. f .' . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: July 1, 1998 RE: Appeal of Planning Commission Denial of Variance to the Corner Side Yard Setback Requirements (Case No. V/98-30) The Planning Commission considered the request at their meeting of June 16, 1998. They felt the Croixwood area, like the Highlands and Oak Green, is a modem development area and was designed to accommodate the development of single family residences. They did not find unique site conditions that would justify a variance. The minuets of the Planning Commission meeting are attached. Recommendation: Decision of variance appeal. Attachments: -Letter of Appeal -Staff report and minutes form the Planning Commission Meeting of June 6, 1998 ., \1.. Planning Commission June 8, 1998 . Present: Jerry Fontaine, chairperson Glenna Bealka, Kirk Roetman, Darwin Wa1d, Tom Weidner and Terry Zoller Others: Steve Russell, Community Development Director Absent: Russ Hultman, John Rheinberger and Don Va1svik Mr. Fontaine called the meeting to order at 7p.m. Approval of minutes: Mr. Wa1d, seconded by Mrs. Bea1ka, moved approval of the minutes of May 11, 1998; motion passed unanimously. Case No. V/98-30 A variance request to the side yard setback (30 feet required, 24 feet requested) to attach a third car stall to the west of the existing garage at 2871 W oodridge Lane in the RA, Single Family Residential District. Paul Simonet, applicant. Mr. and Mrs. Simonet were present for the discussion. Mr. Simonet provided a drawing of his requested plans and photos of his house and yard where stakes had been placed to show that the proposed building would not obstruct any views for traffic. He explained that the request for an addition to the existing garage is to provide space for his hobby of falconry as well as to provide additional space for one of his daughter's cars. He noted that he had reduced the size of the . requested addition to 994 square feet, within the allowable 1,000 square feet permitted for accessory buildings. Mr. Simonet also said he had spoken with neighbors, none of whom objected to the proposal. Mr. Roetman noted the Planning Commission has tried hard to maintain the Croixwood neighborhood and has held the line on variance requests in the past. Mr. Weidner noted there is no hardship involved. Mr. Ro etm an, seconded by Mr. Weidner, moved to deny the request. Motion passed 4-2, with Mrs. Bealka and Mr. Zoller voting no. Case No.V/98-31 This case was withdrawn. Case No. SUP/DR/98-32 A special use permit for a three dimension graphic design sign and mural on the south elevation of the building at 218 N. Main St. in the CBD, Central Business District. Mark Balay, applicant. Mark Balay and Lee Bjerk were present. Mr. Balayexp1ained the general building renovation plan and the request for the signage and mural had been reviewed by the Heritage Preservation Commission. He said the HPC had given its approval with the condition that the mural not make use of "living advertising" - Kodak for example. Mr. Balay said the mural will feature John Runk photos rather than using Kodak, as conditioned by the HPC. . 1 , . . . June 15, 1998 To The City of Stillwater Council Members I would like to appeal a decision made by the Planning Commission on Case No. V/98-30, June 8,1998. The reasons for my appeal are as follows: 1. At one point the vote by the Planning Commission was 2 for and 3 against. In my opinion, the Chairperson did not want to tie the vote, so he voted against the variance. 2. One of the votes against my request was based on five Ash trees being removed because of the proposed construction. I could not comment on this remark as the meeting was closed to the public at this point. The three Ash trees in question (not five Ash trees) will not be removed but would be trimmed back. I feel that person should have asked me this question prior to voting while there was open discussion. 3. Another vote against me was based on a decision that the person had made before the meeting. And I quote "Well you know me I vote no on all variances. And this is no different than any other variance." To me this is not an impartial decision. These two votes would have changed the outcome of the meeting in my favor. 4. My third card garage will be 25 feet from the road at the north end and 29 feet away at the south end. This is not blocking any view of traffic. (There is a third car garage constructed on the comer lot of Hidden Valley Lane and Sunrise. This garage is less than 30 feet from the side street and only 15'8" from the sidewalk. There are houses in Croixwood on comer lots that are not 30 feet back from the city property line including my house.) 5. Neighbors signed a Petition agreeing with my garage plan. No one attended the meeting to oppose the plan. 6. I can meet all the requirements stated in the conditions of approval of the Planning Commission report. I would appreciate this appeal being scheduled before the City Council as soon as possible. ~om Paul & Barbara Simonet 2871 Woodridge Lane Stillwater, MN 55082 439-7648 Attachment Copy of Ordinance Photos l; { ... PLANNING APPLICATION REVIEW FORM CASE NO. V/98-30 . Planning Commission Date: June 8, 1998 Project Location: 2871 Wood ridge Lane Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Paul Simonet Type of Application: Variance Project Description: A variance request to the side yard setback (30 feet required, 20 feet requested) for the extension of the roof line for a third car garage to the west of the existing garage. Discussion: The applicant is proposing to construct a 15 foot by 24 foot one car garage to the west side of the existing two-car garage. A 12 foot by 14 foot storage room is also proposed on the south side of the proposed addition. . A stand of mature oak trees with large canopies are standing in the way of the constructing an accessory building. All the trees on the property are mature and large. Recommendation: Denial Conditions of Approval: 1. The garage shall be similar in style and materials as the house. 2. Drainage from roof remain on site. 3. The ordinance allows states that "the maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or 10 percent of the lot area whichever is less. The applicant is proposing 1008 square feet. The square footage shall not exceed 1,000 square feet. Attachments: Application form, site plan/photos CPC Action on 6-8-98: +4-2 denial . 05/05/1998 10:3B 4308810 CITY OF STILLWATER PAGE 02 ""--".~-.... .. Case No: Date Flied: Fee Paid: PLAN Receipt No . NING ADMINISTRATION FORM .. - Certificate of Compliance $70 - Conditional or Special Use Permit $50/20Q - Design Review $25 -:- Pla~ned Unit Development- S50Q -A Vanance . . $7Q/2Qq - Comprehensive Plan Amendment" Si500 - Zoning Amendment" S30Q - Subdivision. S100+S501lot - Resubdivislon $100 Total Fee . j.\ rJ escrow fee Is a/so required to cover the costs of attorney and engIneering fees (see attached) T~ e applicant is responsible for the completeness and accuracy of all forms and supporting M "\ltenal submitted in connection with any appllcatlon. . ,OTYMMOUNITY DEVELOPMENT DEPARtMENT F STILLWATER 16 NORTH FOURTH STREET rlLlWATER, MN 55082 ACTION REQUeSTED- . , FEE PROPERTY IDENTIFICATION 4."ofPro~ fiLl ~ 41. . ~"O(.P.rcelNo. d1a&J~tJI1tJ(}f!1 :;..0, 9 District '. Description Project', ?, ~ ~ . lereby state the foregoing statements and a/I dats, information and evidence submitted herewjth in respects, to the best of my knowledge and belief. true and correct. J further certify / wilt comply h the permit if it Is granted and used. It , ~) p~ (lL S /1-1ojJt. J tvC-t? If l1::;~~ D t.. rrQlperty Owner '<., i1ing Address fer ephone No. S'ic}nature Representative Mailing Address Telephone No. Signature SITE AND PROJECT DESCRIPTION Ld Size (dimensions) _ x_ L +\ nd Area -j-Ie ,ight of Buildings: Stories Feet Pl1nclpal Accessory . Tota! bUild;"}. ~ Area ~ sq. It EXisting , sq. ft. /;' G,A/JtMt-< Proposed sq. ftAJ~ V Paved Impervious Area sq. fl Number of off street parking spaces provided _ May 7, 1998 To: Susan Fitzgerald City of Stillwater We are requesting a variance to attach a third car garage to the west of our existing garage. The back of the garage will extend to the south end of the deck (for additional storage, etc.) and the new garage will tie in with the roof line. This garage will be 24 feet from the road. I understand I am supposed to be 30 feet back from the road. This garage will not obstruct any view of traffic due to a stop sign on Woodridge Lane/Nightingale Blvd. since the stop sign is situated past my new proposed garage. :~~~me and effort. ~~-d Paul and Barbara Simonet 2871 Woodridge Lane Stillwater, MN 55082 439-7648 " "- '. . . . .; . ) . ------- ~ - ......... ~ ~ \. '. ) .. '\ .\\ ,~ l1\ \\ "- ~- ~ \1\ ......... ~ <:) " ........ 1;\ - ~ ~ ~ '- "" T"-t- t '":b ~ :::6 () ':::t. - ---- ~ <-- . - -..--- -'-.---.-:..,... .-.........-.,. ... .......-........ " " '...... +-t::> t- ~ ~ !;\~ . ~~ N \ ~ ~, ..,~~ ~~. ~ ~ \ '4 f;~. ~ c~~ ~ " ~~ L~-~. Ic-:: ... ~ i'l ~ ~ . ~ (\i tf.. -, J n I .__"""" , \ <:>. ^~-1 l'\ I " ,,- :0::::: ;;:::- I ,\, r- --loo''-.. J, '" _ '- ~ '--. - ~ '" ~\ I I;z.. t\ I ~ ""- ....... 1-. -I r_ _ _- __ _ -=- _ _I........t.:-! b \f, )~ 001 ~ t' )- ~~ ~~ --\ ::s.:. ~ -- ~ ~ ~.. -... -. "-<\ \ E' f ~~;sr ~:::!5. ~~S2 ~ 0 3 3:&.o za:i "" - C1I'" g~ N ~ ~~I~ ~b~ 60 ' J .- i I i I I I I~ \) {^ ~. 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TO: Mayor and Council FR: City Coordinator RE: Market Place Car Wash nOIse Issue DA: July 2, 1998 Discussion: Accompanying this memo is the report from Police Chief Dauffenbach regarding the sound meter testing that took place at the market Place Car Wash operation. As you can see the operations appear to be in violation of the noise ordinance from time to time. Staff will continue to work with the owners to bring the operations into compliance. First and foremost we will be asking the owner to try to keep the entry door closed while the blow drying process is occurring. We will also be developing a no-interest loan agreement to help the owner pay for the modifications that may have to be made to bring the system into compliance (it is possible that the owner may be able to get the blower manufacturer to correct the problem without cost to the owner). . Recommendation: Council direct staff to continue to work with the owner of Market Place Car Wash to eliminate noise problems. /j( cJ-lJ :~ '. Memornndum To: MAYORJAYKIMBLEANDCITYCOUNCn. CC: Nll..E KRlESEL From: CHIEF LARRY DAUFFENBACH Date: 07102198 Re: METER TESTING AT MARKET PLACE CAR WASH At the request of the city council, I was instructed to run sound tests at the Market Place Car Wash. These tests were to monitor the sound levels emitted from the car wash and report back to the c~t:y council. These tests were oonducted from various locations and under different circumstances. ............. .:::The:car wash has four washing stalls. Two are automated and two are self-serve. The noise is ~m4ig:fu>m the two automated stalls. The blowers in the stalls are creating the noise. On the east sidt:of:tl1e:~ldingthe doors are always open when the blowers are running. On the west side the dOotsautomatically close when washing a car. They do open however when another car is waiting to ~:~~;::::It happens occasionally that both doors are open when both dryers are working. ............ ...................... :::::::A~~~~ry of the reports shows that when both blowers are worlcing and both doors are open to ~:~:they are in violation. When one door is open. to the west and one blower is working they are invrolation. When both doors are closed, they are not in violation. To the east they are also in y@ation because the doors are always open. The highest reading received was 79dba. The li.i8ximum allowable in a commercial zone is 65dba This was from Clovers Restaurant parking lot with both blowers running. I talked with both owners of the car wash, Jack Kroogard and Jeff House. Both men were very helpful in assisting the department with the readings. Krongard and House are interested in solving the problem of the noise and want to be good neighbors. They feel that the dryers that were sold to them by the manufacturer are faulty and they are exploring alternatives to either change them or modifying them. Both are willing to work with city officials to solve the problem. ~~~~1~:i~~~~m~~~~=:~~~~wb~~~!~~,i~~EI~g~-~m~t~~H~-~;~~m ~~[t~ill~I[~alfJml~'~[~]~I~;I~~1:~;~Tr~;:rsJ~t4~~ . . 1 . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: July 1, 1998 RE: Structural Condition of Quarry Chimney This item was continued from your meeting of June 16, 1998, at the request of the owner of the chimney. Attached to this report is the staffreport for that meeting, engineering analysis and historic documentation of the structure. Another letter has been received from the owner of the chimney requesting no further consideration of the matter (letter attached). Recommendation: Receive information and take no action. . Attachments: Staff report and attachment for Council Meeting of June 16, 1998. . City Council Meeting No. 98-14 June 16, 1998 Community Development Director Russell presented the first phase final plat, which is similar and not substantially different from the preliminary plat approved on February 3, 1998, so only Council approval is needed to allow filing ofthe final plat. Staffhas determined the final plat is consistent with City policy, development standards, preliminary plat approval and conditions of approval. Only minor changes or clarifications need to be made. The developer has asked for clarification of the cottage zoning garage setback requirement. Mr. Russell recommended the ordinance be clarified to indicate the six (6) foot setback is measured from the front of the porch or residence in the cottage development as it is in the traditional and 1akeshore districts. He recommended approval as submitted with the following conditions: 1) all park areas shall be dedicated to the City with the first phase final plat approval; 2) curbing detail, sidewalk and street crossings shall be constructed as approved by City Engineer and Community Development Director; 3) City Attorney shall approve the CCR and ES; 4) City Engineer shall approve the grading and utility plans for final construction; and 5) the application submittal information shall be provided by the developer for site plan, landscape and architectural review: a) site survey drawing showing topography, drainage and erosion control measures; b) site plan showing required setbacks, open space area and building envelope; c) master site landscape plan using approved native plan natural list; d) elevation drawing of four sides of structure indicating type and quality of building materials; and e) letter indicting Legends Architectural Control Committee's approval. Community Development Director Russell stated the attorneys have recommended park dedications be made as each phase final plat is approved. The original recommendation was to dedicate all parkland at the first phase final plat approval. However, the wording of the City Charter related to the sale of City-owned land would make the process very cumbersome if there were any modifications to the plat and some of the property changed hands. Council concurred with the recommendation to dedicate the parkland as each final plat is approved. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-156 approving the final plat for the first phase of Legends of Stillwater as conditioned. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Report on structural condition of quarry chimney. Mayor Kimble stated a request to table this item to the meeting of July 7, 1998, was received from Gary VanCleve, of Larkin, Hoffman, Daly & Lindgren, Ltd. He stated he represents Patricia Hansen, owner of the property on which the chimney sits. She is not able to attend the June 16 meeting and wants to be present for any discussion at a council meeting concerning a matter affecting her property. Motion by Councilmember Thole, seconded by Councilmember Cummings to table the discussion of the report on the structural condition of the quarry chimney to the July 7, 1998, meeting. All in favor. -4 . . 3. Update on agreement to sell territorial prison site to Territorial Coalition Inc. A letter was submitted from John Lang, Territorial Coalition, Inc. (TCI), explaining their funding . source in New York will be unable to complete the transaction. TCI has taken steps to provide alternative sources to complete the project: 1) Entered negotiations with Stephen Weiss, Fortune 5 . . . . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director ~ Report on Structural Condition of Quarry Chimney June 10, 1998 A site visit and structural examination ofthe chimney was conducted by Jeff Johnson, an engineer with SEH, on June 8, 1998. A letter on the condition of the chimney is attached. C1c '. b\ \(0/1<6 Basically, the structure is in sound condition with continued weathering of the exposed top of the chimney. Pieces of the structure loosen up over time have fallen off or are removed. The owner has lived at this location for seven years and has removed top pieces once. This does not appear at this time to represent a public safety issue. Recommendation: Accept report. No City action recommended. 4 ~l('ir~/ rf1i! ~7l4en,. :%1(:' ~u~tt,? ,~,U:' ~~k~. (;11&~~<1da r5'ffCJ'P . June 22, 1998 The Honorable Mayor and City Councile ATTEN: Morli Weldon, City Clerk City Of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Agenda Item #2: Unfinished Business - Report on structural condition of quarry chimney rescheduled to July 7, 1998. To: the Honorable Mayor and Members of the City Councile: Please be advised that both Steve Russell and I have accepted the report of Jeff Johnson, SEH engineer, regarding the struc- tural condition of the remains of an old chimney owned by me. No action has been requested from either Steve Russell nor my- self from the Stillwater City Couneile regarding this matter. . Therefore, I respectfully request that this item be removed from the July 7, 1998 agenda. Additionally, Chuek Bailey, masonary contractor, was an unauthor- ized vistor to my land. I have not requested a report from him and view his presence on my land as a trespass of private land. If you decide to air this matter during the July 7, 1998, counei1e meeting, in spite of my Objections, I wish to be informed in a timely manner and attend the meeting for the sole purpose of introducing, leading, and monitoring discussions regarding the chimney located on my torrens registered land. co: Steve Russell, Community Development Director . 4-. . . . ~RCM LARKIN HOFFMAN DALY (MON) 6.15' 98 13:06/ST. t3:05/NO. 4861132263 F 2 " LARKIN, HOFFMAN, DALY & LINDGREN, L TO. ATTORNEYS ArLAW GillY A. Van Clave D1r_ Dial: (612) 896-3277 1500 NORWEST FINANCIAl. ceNTER 7100 XERXES AVENUE SOUTH BLOOMINGTON. MINNESOTA 1iO"~1.1184 TELEPHONe (8' 2) 136."00 FAX (812) ~3 Certj(~ Cilnl TrJaJ Speda1J$ W Mi.1Msota State 1M ~tioll 80ald c.rtifIe4 CIvil TMJ Advocatlt Natit;naJ 8031d of Tlial Advocacy June 15, 1998 The HOllorable Mayor and City Council ATTN: Morli Weldon. City Clerk City of Stillwater 216 North Fourth Street Stillwater, MN 55082 VIA FACSL\fiLE (430-8810) & U.S. MAIL Re: Agenda Item #2: Unfinished Business - Report on structural condition of quany chimney. To the Honorable Mayor and Members of the City Co~cil: This finn represents Patricia Hansen, owner of the property on which the chimney sits that is the subject of the above-referenced agenda item (copy attached) scheduled'for the June 16, 1998 City Council meeting. On behalf of Ms. Hansen, we request that this item be continued to your next regular City Council meeting on July 7, 1998, because of Ms. Hansen's inability to attend the June 16 meeting. Plewse be:: advised that M:s. Hansen does not wish there to be any discussion at a city council meeting concerning a matter affecting her property without her attendance. Your courtesy,in considering and honoring this request would be greatly appreciated. If you have any questions, you may contact me at 896-3277. Very truly yours, JI~ Ii li~t!dr Gary;A. VanCleve, for LARKIN, HOFFMAN, VAL Y & LINDGREN, Ltd. Enclosure cc: David Magnuson, City Attorney (Via Fu.'t (439-5641) and Mail) 0<10SS\4.01 '" .~ ~SeH 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION . June 9, 1998 RE: City of Stillwater Quarry Chimney Base Inspection SEH No. A-STILL9710.00, File 62 Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Russell: An inspection of the quarry chimney base located on the property of Patricia Hanson was made in her presence on Monday, June 8, 1998. Mr. Chuck Bailey, a local masonry contractor, was also present to assist with development of the cost estimate for repair. The chimney is approximately 20 feet square at the base with a tapper that. narrows as it rises in height. The height above grade varies from approximately four feet on the west side to 30 feet on the east. The upper portion of the . chimney and the brick flue that enters at the base have been removed. It is located on the edge of a steep bluff and is likely supported on bedrock. Construction is of cut limestone laid in an ashlar pattern with lime mortar joints. The walls are approximately three feet thick. Portions of a red brick flue that ascends to the chimney from the east still remain. Probing of the footing indicated no undermining. The structure stands true and plumb. No significant cracks or signs of settlement or movement were observed. The chimney is likely founded on limestone bedrock to have rem?ined in this condition when located so close to the edge of the bluff. The stone blocks that form the chimney are sound and show negligible signs of deterioration. They are dense and homogeneous with minimal lamination strata. The lime mortar is hard and in surprisingly good condition with no indication of repair or tuckpointing work since it was abandon. The mortar has eroded back from the face of the stone opening the joints to a depth of one to three inches over approximately one third of the face area. This loss of mortar is most significant on the south and west sides. The tight fit of the cut stone aid in retaining the mortar and has resulted in negligible loss of face stone. The top surface of the walls are irregular due to the earlier removal of the upper portion of the chimney. Sinaller stone filler that comprises the center of the wall is exposed to the weather. These filler stones and bonding mortar are loose and easily dislodged. Approximately eight stones have recently been removed by mechanical means and lay on the ground on the west side of the chimney. Additional stone may have been removed from the site. . SHORT ELLIOTT HENDRICKSON ING. MINNEAPOLIS, MN sr CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER '<I , . . . Mr. Steve Russell June 9, 1998 Page 2 It is my opinion that the chimney is stable overall and that the stone is in good condition. The top surface and exposed filler stone is loose and can be easily be dislodged. A cap of stone and mortar should be constructed to seal the walls from infiltrating water and to prevent further removal of stone. Tuckpointing should be performed with lime mortar on the surfaces that have lost more than one inch of mortar. This will limit water that can enter the face to deteriorate the stone and hold the stone in place. It is important that any restoration effort not detract from the historical elements of the chimney. The cap should not result in removal of intact stone. The tuckpointing must use lime mortar and be colored to match the existing mortar. An estimate of cost will be made for this work by Mr. Bailey. Sincerely, :;~l~~CfuC. Jeff A. Johnson Project Manager F:lpruje"lSlr.<\"il~971 Ol<:ICHIMNEY .WPD LOOKING NORTHEAST LOOKING SOUTHEAST QUARRY CHIMNEY " -. , . . . NORTH ELEVATION STONE AND MORTAR JOINTS QUARRY CHIMNEY ~ ~AIICH11CC~NNERS , . ARCH AND FLUE ON EAST SIDE SOUTH ELEVATION QUARRY CHIMNEY . . . JUN-I0-~8 01:40 PM ~=~:~. BAILEY CONSTRUCTION 612 ~:S1 7527 BAILEY CONSTRUCTION POb87 STILLWATER, MN 56082 e12-361.752J Free Estimaie$ - Concrete, Curb, Gutter "HONE Joe NAME CITY. JOB ~O<AnoN ARCHlT~CT DATE or PLANS w. h..r.by aubmil op..cilicallons ond cnlimo,.s lor: 'C1go No_ P.01 01 Pel e. PROPOSAL AN.D ACCEPTANCE J08 "HO~jE 0c,.~ ~~J#-r cL1J-n;-t-. ~-'7 C'1" 0 If'.f'- W wliIJ "...-- ~/ q j "'/ Paym.nl 10 be made os torraws: ....1 "'ol,riol IS gvo'onl'..c lu 10.. o. 'po<iliad. All work 10 t1. <omp'.I.d III 0 w""'mon. like I"ftQf\ner ClCCO'....,,1) M Arc.,,(fo.-d pt';)(ti(.." Any c:lferotion or d~tQt;Qn ',om obeyo IPt<it:ca1ionl i"'IOr~ing ell'ra "\b wil! h. .lI.(U'.d only vDon \Jrfi"tfl <<deft. end .dl1bV<qm. fan ..'ro rl\ar;.. oyer .t'\d 4bo"'~ tht' OltiIMtc:. All a9roelnOl'l" t.ctMil'lg.n' upt'J1t ~lrj..J. oald."" or d.~uy, bvyoncl our l:cnttoi. Own.' 10 UII'I'\' fi,., h)t"odo a:\d o!he, "C:'CfloSO'y in'tJranr. OIJ' welk..-, 0'. 'uny eovet.d bt WOI"man', Com ~"IO'lOn InJlUIO"fol. Authori~ed Sig''IO'urlll NQlC:: Thi, propo,al may be wilhdrawn by uS if lIof V(WP,,,-:t wilhin Acceptance of Proposal . r~ obuvt pti(~. .po<ili'Qrio.... .,.,J ~4ttJirNttS .'f: .ati"ar:'~,.., Of'tJ arO' h.,.b., 9~C.II'~' Yvv .".. .1JtJ'orilt'd to rill 'I1e work Q~ \\pttC'ified. '\I1",.."t will be> made 01 ~thn.d abo:w.. :it'Q"a'vr~ <:r .{/'l- tlATE We Propose hereby 10 I"mish mal.rlal o.le labor - co,opl.l. in "((nrdant. wilh abn~.. 'p(I<ilico,jon.. I~r Ih(.' ,..,m 01. ~ Oar" 01 A<cllptvn<e Si9"atUfa l'"ce'O~'3 PRI~<TCO IN II ~ " I : ',--." '. dolla" (S ~S-OcJ 1. ; .,' ",-.j DONALD EMPSON Certified Guarantor . J\'Iemo To the Stillwater City Council Re: The stone chimney on Quarry Lane June 16, 1998 Attached are three items illustrating the purpose of the stone chimney on Quarry Lane. 1.) A 10 x 17 copy of a page from the 1884 Sanborn Insurance Atlas illustrating the Northwestern Mill, and the underground flume extending under the road and hillside to the chimney above. 2.) Two pages from the Stillwater Lumberman of Friday, April 23, 1875 describing the Northwestern rvIill and the smokestack (chimney) and cistern that were on the hill above the mill. 3.) A copy of a photograph of the mill with the chimney in the background, and a history of the mill. This mill, usually known as the Hersey, Brown and Bean Mill, was one of the first in Stillwater, built in 1853-1854. There is an account of the early Mill, financed with capital from Maine, in The Daily lvlinnesotian, September 13, 1854. During the 1860's, '70's, and '80's, it was one of the largest of Stillwater's lumber mills,. and most of the working men (as well as Hersey and Bean) who lived on the South Hill above the Mill worked there. In fact, in a time when everyone had to walk to work, the neighborhood above the Mill was almost a company town. . In my opinion, the remaining chimney is a valuable artifact of an institution and an era that dominated Stillwater's economy for half a century, and provided jobs for hundreds of working men. If it becomes necessary, I believe the city does have it within its power to exercise the right of eminent domain in a situation like this. If I can be of further assistance, I would be pleased to do so. ~~ . 1206 North Second Street Stillwater, Minnesota 55086 612-351-0172 . *.. - :':';';.;Jo" ~.:;..~ . .. .,.. ...=-.~:,>.;~.~ . -;;-:~..~ . -, ~- -;-.~~:;,; ""0 -$t ., Sawmill located on South Main Street. Stillwater. Minnesota. the winter of 1853-54 by the co-partnership of Hersey. Staples. and Company. Operations begun by them June 1. 1854, and continued until the fall of 1861. The partners in the firm were: S.F.Hersey, Isaao Staples. Dudley C. Hall, George'A. Whitney. and John Brooks Fenno. From 1861 to 1866 it was operated by "Hersey, Staples, and Hall", the partners being Isaac Staples, S.F.Hersey. and Dudley C. Hall. From 1866 to 1870 the firm oonsisted of S.F.Hersey, Isaac Staples. and Charles and Jacob Bean under the name of "Hersey, Staples, and Bean". From May 1871 to May 1872 it was run as "Hersey, Bean, end Co." by S.F.Hersey and Charles and Jacob Bean. In 1872 the name became "Hersey. Bean, and Br.own"; the partners then being S.F.Hersey, Charles and Jacob Bean, and Z.S.Brown, who operated it until 1875' from then until 1880 it was operated by Roscoe F. Her- sey, Eugene M. Hersey, 'Dudley H.Hersey, Edward L. Hersey, Charles Bean, Jacob Bean, and Edward S. Brown. From 1880 to 1884 by the four Hersey brothers, Jacob Bean, and E. S. Brown. Thereafter it was operated by Jacob Bean and tee Bersey brothers under the name of "Bersey and Bean Lumber Company". ------------------------------------------------------------------- Collected by John 3nnk, photographer, Stillwater, ~nnesota ~.5.A. E1stor1cal Collect1on ~o.559 . the fi~n~~: upon" . . rinl In. St..Lou~ ~,r~~hllle1\~rg . C8 .i~.lluJXlTYis~on, anil . {'fin.trolr i~j ,t. e r: nu)\'ern. cnts. h! t n D1nrke~:~. 'rhe ':~Iac of, t~IO product oC is mill exceed... ia~,ooo. . TIlo lum. lx-r' no'utA~t~re-.;~ bft. iis mill. i8 cxclu- 6i" fY .~ll' ~Q. St,i Ifu ~~fkot.. TQ.ry w:hA"e two raft.ll< J;1tAmlllg upw:lrd~ o( fo~;r III ill ion '(ct>t, rc d)' for IIh ipment. A ~nt "U milUon '(e~t (I~II &rc 110\r ill lhclr boom,' aull the 'm I will eOlJlIIIClleC oper-oltions ~'SOO~:I. ~e water SllUllidCJI ';itflicicntl.r' to Allo~' hem to rnrt thl' lutnUt'r as Cast ll!J:lt is 't,. . Seymour, Sabin . Ccmpany. . Tho J1~tt 10 ill ClI untert'<l is thnt of LII.'firm ~"e nll~c'~, 8ilul,tt-U ori the .'\ k~ nnd ndJoillingtbe frark oC the l.:lke <lIpcriQr .t: :\Ho;~i1'l\ippi o:ul, direcll.y op' )Oni~c the f-itnto l'ri.~on inrd, IImlA lihort Ii.~~"ue~ ~or~b of tfie I~ig. S~nplc.'i mill. "111'1' mill IS A tw"'stor~ b\lI/dmg, '40xllo. :ct. in di'moll:fions. j . tho first 8tory ill ~,l' 1111 'an e-n~inc rorm with. pump for he extingui:-;hmen~ oC re~; (urnllce, :sl!in- l~ IDACbioc, &:.c. 'rb~ 'Iers Curllish the . I .. on'~r rlJr the r:"J().b.,r 0 cngiuo Igcntcu carl)' ill the sal1:e- np,' tment. :fhe mill : so' \fcll bll iJ t th" t i. t:Jj'llI Lers nro IJC.'\ r . ,. j:U.-cd hy tllo "'Ti.ftl . .mo\"ing, mac I~_ r)' IOCllll-d. on itJi bro ,.oorll. Thc J~I ....elf is II h...ely nnd ,bTl'k concern, b tit \ onlY. flDO . Cen~lIl"o' in lho ent.erp . 0 Ul :hieh tbc firm DC s('1liur, 8l\Lm ' om- IIn:: I1rc cngllJ;\.'d.:" I . c1oso I'rC\xi itv re C\lund.olher f;t~U:tu l'S,l1FOO Ail bo rd. I~ hOllt>t'S, 'rnrcboiu;eIlJ 'and 8bh~S~ Ili. ~ct1)' oI'I'Ot;itl! thc! m:lln eutnui to I cnitcntilll:,l' J'nrd I is .h\rge', ''':Ire ISO ~eJ rO't tJllf, 8to~ll!;e of :ood~n 'pm~, r as c, vnAIIUa~Urj.od ir1 th .'r.or~sh()plI 0 ho -i.-soh-. a Wrtiop oCt,h "1U'~housc,bu d. g be;n,; u~ed: by t~c t n Jur office p r. , I r., . ),~ct;. . J - 'J . /. . , ~ I\djolnill~ th('I'Di I a '~18 'IOCAtl'U t ~ Igino ~o'\F.e,: t~ ngl? II an ~l.llck,;ml h IOC' otie'Jnh f1P rl t?'t" fmnl,cllt. ,!. Ix III If t II iJ I('n~ioll. ' 10 mnll1 C ~ ; j ~ \ . 1 i: I _ .!! ~ 1 '1.:':', .. I- 1 . J~'" ,.\~ . 11\., I · '...' ,.'1.'.'.1,: i!.:.; l ~ ' ..... . '. '. ~i~ 4, '. '.. ", ' .... I' Ii' " ,i',h',-:\ . :" I. :,. pau)' Jolt l~~t~u IiOU.IU ll~t~lJcO ~ro~ t~~ bAY..is connct:~ tlth.dbo IUU mdl by ~ Ct'mt;tructci rohd',,'nrtJ I It "'M erC'Ctcd it~ :18;3, 4 :x~oi feet in ~illleIl8i~~. (eXcll\F~\"C oC luo e !gme ro~!U,~ 2 stones in height. . Ou thellower floor the pIa. ning mill aro fO~"~fl t~o plan ; one 24 irich re-SAW for BIUlh!;i one 42 r -saw fqr tho 1Il~\lluCl\('hfrc ocl bo;'t lng, \I' h th I ~pli18 nny bonrd at an invariAble wi lth oC 20 icpes; t\\'~ IIlippillg:and two do.u 10 cut.olr s:ms, Also ~ for boxi:r.g. In tho s('Cond 8tdr:r. of thc LI Idillg /lrfi) 'i-IHen different ~l\ChiDC8 uScf in th.e IDl\nuCacturo oC d?ors, 8ash A(d. ulind,1i which ellAulo tlJ~ ~ompany to tllrJI o?,t ~\'Cri picco oC woo~ ~c'} II irrll, ud all ~I pcrfl'ct sh1\I'(" A rlli...h ing nr'\~ r;t~ra~e room nro to be 11lhlOll to tho 1I0U tlh J;Jllc p( thc llllildin!; M IiOO~ /It> prM:ticl\ulo~ Xe~ by i., n pilill!; I\hcu ;2(lxlQ\.l fl~t In dimen'. sion.~, And other, feAtures ,aro supplied ~Iich will 0 id in tho eooycn ICI,lI tr:nsl\C- lion oC tlio comp~ny'~ businr '11. ~ho COlUp:lIJ)' hn.o; ./l1~0 :blJil.~ 1\ Inrgejnnd wrll :lrr:lllgcd !;toro lmirdillg, lit som distanco from il.~ JnI\IIIJC:\ctpri~!t; wh k:h "\lPI'1i~1I both workmen au'd inhnbiLnnL'l with 11.11 cl.llsell of.goods. . , Thu companr no'll' han' on hn 000; feet oC log~, ,in a.lh~tiOJlto ion cut the past winler, 2, of lum\xor,' 2,500,000 khingll'fl, lath, 1,000 doors /lnd ~,OOO gl .zcu nnd \ID~IA7.utl . !;n.~h. 1'lro prop('llrt IIrc op- crntrd b.r lhcm Cor ho.ndling- og8. nnd lum!)cr, the (iell. II)'Ilu Clark Co towing lugs in tho Illke, on'l tbe Be,lIe . f~~lIc- ,'uo with two barge . for dellv') mg ,ogs and lumber to lo'"er i\"or I-oint . . Sl'cncer, B & Bergen I Mr. S}l<'J1Cer'Jl ew cntctpr;s III in t110 shpac of llllh;ngle n}Q11~ ; \"C. ~ei ~ le~'1l mill un the 1"'1 ~oull~ ~ ilh~tcr. . '. i.! . : ;. . '/" I' "r : '. . I . , . : '". ""l~ .~.' ",,:./, ......'..... ..'.....11'..,. :, L~;:~>:i::).1:+;:,:J. '.::'::.::':: f~"'.; :::'/' ---'''' a1 I .' eh:"cn ho~r'8 ~'ork, i~ prOd ,is ~ .follows: .: ' Long; hllll r,: 100,000. (~t; 1l\t1~ W,. 000, onel 40,000 sb inglJII, ~1I.3ide Crom, th~ 'flporing, sKIin;;, SASh ~l'd doors m~n,!CAC~ tUlt'd.Tllt rcceil'lIi of tho mill a\'er81;0. S270,00Q pe-r nnnum. f . McKusick.Andfraon & C,?'a.:. comCl;"next in order, und is locnted On tho Eo...t Hido or tbo l/lkc nearly'Opposito tho hj~ m~lo,f 18n:~c.Sfl\plC8.It ill ~O ~y 132 Ceet iu dimellllion upd omLrncl'lI III Its Iilit . of lIelr machinerj- A Bhlglc rotor)', pony gallg 1'11."', shingloappnut\L'!, &~ng euger ,~c~ The cstllulkhmcnt IJAS \lr\uer. gOllo S0ll10 ch:lllge8. r~~olll1y., rC6-ul ting in uCJiir:lule ilnprovcmcnts. Ill! prcsent ca.~ pncit)' is 30,000 feel. of; lumuer dail)', .AIIlI ~,OOO Iluingles.. Thry hl\\"e n good rollp- 1'1)' of lutnl;er 011 hallcl lit the' mill nnd their Jard in tho ci,t)" with 10;):1 ill their boom re8f1,- to eorill1lenCC opcrntiolls the 1\r..t of :'.fll)". Tho constructhll. ora briu"'~ ncrOIi:4 tho lake ~\"i11 gi\"e this com- I ... 'pnnl' 1\ ch~nco' to compete. with other Juilis iu C~rJli",hing lumber t)ie. dealerll on the Ii II c... of.rllI-rondll.: HcrdQforo thch' S 1 iplllen ts 11:1 "0 bel'n rriOHtly hi wnt('r. '. Heney, BetlJ1,& Brown. . This grcat concern u'l\8 formerry O'TnC b>" I~ Stnples, b?( p~ea to its pr~~nl tler8hit!~ f~W' .1ear1 ngo, lbe firm ~ r~t constitfted being Composed of ~Ie....m; D. U. Hersel.! C~ :ncan, Jacob nc~ "nd E. S. Drowri, nnd ~he two struct.urc pro kuo,...u as .~t!F ll.~q,r. thwestern Sa ~Iillll," and mor ,;p~ifical1rolnssiflt'<i the. upper IInd I cr . ~ ilLJ. Tho u I'pe . : I. lnill ia.61 by 170'Tuet i~ dimeo8io,ns, tIT' stories hi{;b And supplied wIth, tuo bea ~/ldri:'cry procUra?IIl..I.lt~ ~ail:r lfAracit) ~ountiJlg 11 hO\l~ a~ : t~e day, IS 10>0,000 ffet ,oC l\l~nhcr, 50,000 fhingltR' 'and 3(l,~ (l()O IlItll,' . Its .u.lldJiru;rl 111l~Lra~8 ~ t""o r . .' )..;. ,r': .-.', >, .,;::' ;:.. .... p~~'c;: 'ut7,~&O";ick~I.~:~:;d-~~'.' / 00 a~~r 4Uj ,W8 fret or hemlock lumbe ; 'Tho following stalel1JCnt W&..lf submit~d to the m~ting.. I' ! . Decte~..e' oC' lumkr on hana at t~ Lnk.e Michigan manufacturing polnt.q on JanUAry' 1, 1875, Crom J&IIUnr)- I, 18i4, 2-1,I2i,145 fcdi decrcase at Lnko IJurQn l.DanufActuriil.g pointlt, 35,000,000 feet; deereaHe 'olloga at. Lake }lichigP.n manu. facturing poiot., 205,44<),0\)1 foeti .4e: cruso of logs it I..A~ Hur!>n ItInnae:..cttir- ing poinls ;ro, WO,OOO feet; total dccre~c of logs And lumber on hllnd at. tho '1100\"0 110il1 tit, 285,4;3,256 (e~t.. lJeCTCll.c;e. oC manurllctuTC' At I..'\ko )l1cbll;&1I manu(lI.C- turing pomts in 18;4 And lX73,.17P,45-l,- W-1; ul'Croaso at l",ke IJuronmAnufnctur- iog point.~ 130,000,000; total dccroal;Q, ~,454, ~\l.l. . WhCOD.lu Lumber. A specinl Lo the ChiCAgo Tribune, Crorn Ollhkolih 8ny.: "Reports Croin tho Wolf rher piueric:l show tlinl the lotnllog crop this Benson will nl'lt c~cCled l~,OOI),OOU C<:ct. Th.i., i.q~t thc 8l\lIle lWlIll.c;t )'enr's prouuet while tJio lHllnl>l.'r oC linns allll rn~n ellgll{;cd hall lx-ell milch grc:\tl.'r. Owin~ 10 the de!.'p FlI lIn'S , coM wenther, AlId uad road.q, tho winter hnll beell \'Cry unf:\\'orllule for IO!:,glllg. Tho nm'ollnt of ok! JOSh in this city II.lIl~ adjnc('nt 61rcnm/l, which will rcnl"h tho 11111111 beCl'lre lhe new crop, ill c.c;limntcd L~' s;ood jUdl->t'll /It 20,. OOO.UOO feet, but tillS will. not supply tbe mill8 Cur moro thall hAlf thc timo. ('011- se'} IIclltI,)', n.'I thc new crop ~ cannot r:ellch I1Illrkd enrlilT than Jul)' 1st, the IIP- proaching seMon docs not 8ul1ur "ery Cl\\'nrahll' Scnrallnrgo el;UtuluihmenLc; ill lIiill cIty /lnu ~l'ln du Lac will uotlltart lip ulltil BOrCl'II\ wecka Inler than US\IIlI, IInll olle or t\\"o will remnin iola iUl se:t~on. St ill, 111m ucrmeri Ilro-'lJ,'\IIg'uiuo and hoJlO fur beller prices. 0110 slllo oC lIi:tty CAl: lond/l,.a dAY or two Bince, W/lS ~Ade .nt... 61ight IIlhAncc' o"er. ruling }1r~('s,. Auu sC\'cral Clthcr... ha"o ~n mllu\! lllllCC thell lit All aUVAI{cC; ,'l'ho recent ad\'~nco in the Minooapolill ml\rRct JUIS. hclped tho mllr. kc~hcrt', And the .lam Lermon antlcipato a a ~ood bwiiuu Ill' SUQU lUJ "pring' trade' Pln!~Is." . .' '..." , ~' . . '. . ,," " .' I \ ... I r ~", :..... ....:..,'.- :',:-:[\"::: :'~:::'" .,j:::,.;:;, "'.: .. I thnn or It I JC u~~' \ on his' I pillL bis hi IWhat ill cepted and his mi~~ I ' . IAn Et'gl "gentl~ma "~nybOdy . Ortsido o~ AMino. c11d . ....cat: a~d onry i~ul &:JCC .: IA'n hOll r41 e.ounty t1 ~pcnd t t::lkcd bJ (J hls3{ th Ito rc ,lied ~id ' kno, and all hi.OJ , . ,A strang pie ill & r0f ttth nJ;llip; (' 1I)" helel c1lioled: .' wldeh) rOll ~orr)" I L Ij;Il "hut thr. f: e~II't do all' rA)'ollng' h~r5cJC iR t Io'm; : " L<.- Iege oC ,,.hi In)' ~cI,.illg ; to .w/llk the Ceilr uunger it ~ be ncco: wllbt/iog.: whistle w~o :Ar 1\' boy \\"011111 i1 opell and cnlle'l.l, tho hor paiu pcdcstrilln' .! nllr ml'lt}1r sit, lIho i5n't cd tho corm o~d wiC..~ ~nd &Ii. can't'rut ! . I... . 0/,. \.' ,." .. . . I ' I. I .. , ~. I . ~. . '"' I I.., OD';' ;'DI.y: i. ^'lIf;"";~J.to.i.. 'T".';ni1(~;;;-~ ~~ ~I.. :heStil/"an~~~~~;.m~n' ':~I ..7: ::t~~. 'D~~;:':~"~.; .nd 'ho ......, .<yipl,..C Ib, Dd , .' ky'~r l"mlng DUIIOO,~ '6hlrglea' F~rn the 'eh ; I; r h' . 1'-'1 .1 t In.... da v, A11.~' Ii is ~UP;'li,.vt'.'I\"ith 60 .h.9, rs~ lLL\VjT~R. fJUlAY,iAl'RIL!l3, 187~",~,rcc"orh~~ber.. 4,000, lingl ma.c lncry.nmcU01CT.anu to cog..... ".. r'l"" " A great 1 ,.. ... - .... - --.~ ....' 2.~ 000 JI.Ih. About hol C Ib .... .Oh.m 24 bleh .nd DO< I In.h diom. " .ngin.. four 1.0;'. m.."!roo,. ~"g Ih. "ood.; TllLWA.TER l~B~~ 6USJN~;1 I...ntor P~D<~OCs.y....ur;s.h;q .c.... ..". Th..m.k..I..k&nd lto nnn",Unn. boltln. g 6l.!s,-tho m'IChIU~.~l' no}r 50 -the roccnl .,....". . ill'lo r. . ih lubs, d >bh buck .......... 367 r..11n I.n<th. ~.d Ih. 'nD CDIly: ""'" .llh. ...11 k ?WD Eld. .ul m....., Sban Iik.'d~ 01 I'll MUllDir i",......... m.! lnhAI C In,.!... ,1" oor... ~ '. h'th. I b tf f t mill at ~linoCApolit.t. ; 'I'hero i.s . -+ I ". .. . ':' .!. '!Dd ......'j",lu...g ""~"": .... .~Cth. .hl."'''9' ,u"".-,,-~'.'I!!j~~...:. .b.log '"'1 · .1.. ../ c./ I 'of; S'''nJy . Mj/. .MI.r th. "'OT~! Iobor ..b "h ~ ......[<01 Inlt th. ...iII .1 . h.IGh I .r ~""~'- E ., I.. FU'.... _... ~ ....nl. Idgh" .h'D l Ii.. ~'" i ,. Ih. ft". uDoI,.... '.n'rae, '<lib 'Ih 'h. 1,,,1 .r 1I.. gr",d bor. ~C I b.I>o~' OX" 'h. ChI....... n....., .1 bel ~r lI.., . '~ -i:...:,' I S.tAlt oC ){ilUl~t.. " _. . . . Jill l' roTew,CDc. litock of logl I ' F-: 800 chasing, and It be .: .r.lh~ pl'j"," .C 'bo I..... 1'11' ft,.. it .". lor""ly,ng>K<d in' . An .m......... ",.". ..n....'ng .ro.. .J(...18 hnv. bo.n ",.0I.1~... .. "h.ng .,r ..., I. p.Ml'" -rokly .. "'n.plot..n ......"'..... .r.DO",,,,,. duri.g th. "'" '. ~h ..01. .r ...1 or, h~ koD "'... pl"~ b. p....g. ~r . bill by th. 1\'.1".n. .,r""". 10"011 .. p,,,,,iM.. or 'h. IU..borin. b.... ......D: Wilhin Iho- pr;,.n ,..nI .... I .n tho 1o).00.II.r wh",h "''' Lo II".... glol.tntO " .nth.rl" Iho .ho". '11.. lorg" .... .nolln.'..r"'.... ., 'h. SI. C""'x \".1. ..,"" <h; .1..", .hid. pr<nl... .h. .1"",' t I. I. t h. mill .. . m....n r, n~' ;,. ~. m'n n"" ImprO"m'D I; In 1860. hili C.1d...II'. ~ " .. gi,. .b.I~.. .I,,;,r' .k...h or 'h. ri"nit.... "hkli.oIorn, '''In. .r Ih. ... t .r.. rm''1;,n.)'. In mr)' ..n.."..b'." 001 ho'h ~.u... b., \T" To'D<<! bY.~h. ;~J;'~L.~I~' C, II. oud r..iliu,. lbr hanilling hn.Lor C..ruO.~M, ooIobllohm.... in' 51, P.u1. r"pod Ih. ndll it fie., d.... i. .11 it" xI" G '''D.r. on 'h, gr~und tho. .......1...' . Th, r.llow II"", Iu thl..II}' lad "Ii....n' I...... Tt.; . h"'.'oa..r 'h. .fi". 10 d_iIl. p.i.'n..n ". . v 19a1lun non.1 prov W"" r.r. .r n 1867 ..I... i,p.rl". 01 II be ''''n 'h. t \.-. hOT;'.!'oooI fiolo) xDd ".n m...kr ;,; .n' r..l.-d ..ilh 1I Tho I.." .. ill 10 Ih r", ""rI.. high. bill "..."" Ih. Son.., hu' C.i1ed., ~bo )IoO.n.ld , 'po ",. In. ....i ,I",. tho ....Dit.d..r 'ox" .~". ",p." rit inn or ""xl.. cl.p" '.1' "I kool . it h 12 Ind. '1"ndor .ngi.,,!. \""'u hi y. . In 1870 il p,,,,,,, Ih, ,I...... berint; 3,000, .1og '.nd ,...'- ,,,d. ,b..1o) I.n,.go m.nta. U... D. )1. !lohi. .. "nd. ,. ih 'n,II... . d.i1y ")>O<ily lor .uW.. 30.000 I}' ..d .... d.r..,,,,, in 'h, SOn.... ! It 83i~;..yn & · h.d · "'I "';.n ",U.D in 'h. p.hl loa. I"";;,,, .01'...... .r lb. ftrm. 11" .U b>l root or 01 I"'n. i.n I u..Lor. "",... hrld.,. bo.h I.oui.. In 1871 bu t .... vo'Oed L.n. bering C. · .r 110, DOrlh'"". . Tho I h,..i."'..nd g.ueral ft;~d.1 n"."..,.. t""Lor .0 root In I...glh. 'pod...n. .r 'h. G.'.rn.i .n Ih. ground onr. ri''','1 86.SO rL.... d d . Ho.....e .\; J 0 S, -",i% B.... Corporati.n n".!-)l r. So:}'mo.r ".n."", lh. "'..: . b kh OIlnrl,d ",.. h "I.n li.n .n .. I pUon. \T h ioh ".. .norwords ~ t. r.~'.n y.II... ,.."...i<o.ooI in r"-'>4. rur Ih. p.rpo... or lro..oIrportm..... th. Lui1din~ .nd--;'lIlh ! minti"u.' 01" Slot. F.I,. .. ",",unl . r.l... .b.rgo. A~,ymo.,<poir.. S'. MarliD , hi..g and ~-rlinl: tho' g....1 log p.... r..or .;" .rn...,n tol .h, k d... ",. Ih , .r Ih,'ir i.". .n", ,'.. " ,'.11 .. porr.., d i.. '" .. " pr...,. . ,,"'por .h. lor. c.... p.. y, ..... .r II" Sr. Dub ~nd iho .'riLu'.,.;.... fir.... .hll. Jrr. J. n. S,hln ~ ",'r:",. I: .ork...u,h'l" .rk ..der, .n .d fi.oI' Y P"'od tho . n IIVQ. lU or t.he- ('Om Pa, n., i.i J~tcU aboat with. thl' ~n~r&l ~"".nlenC oC'tho IDA.: Tho1'\: ~ a plAning IU ill At.tAclil-d. 30J: 100 I isla lure authoriEing tho imprOrCllmlt S. O. Chau!x: I h C I '.. h C....p.ny, ..n.: ,.... Dorl · I.. ."'y. ondr..m eo urod,;,i.g "".<prl.....C tho fir... m,'. r"" In di.".,inn. ...d .uppliool.." .pl'D' 'bo mod.. 1 MuC'h of ,tbe olu[. OPposition 35.50. . I.J....,., ,. rrmn ~ to> 300 moD d. . Ih. pr;",n. '10. p."h....r luppll... dMl .....hin,,)' ..".bl..r I',od"'..g 25,000 ied ..t in I" '."nt'm.. "".. '1"'''" A. Lo.,ld ., he ~rttn' ~or. Its Wo, ms &~ The mill of ~JmOllr, SaLin J: Co., 1\"i h rl'et v( fiOQring, :l5,,(l()O f,*t of 8. Ium&, a.nu r .sponuonco j~ the Cllica~ Time.} ViC CompAny, lIIUIlI I I rJ It. r. d f r I Lo Us C Ip the follOWing: . . : $5.25. r '" .n,l, r!T" or. "'.n... it. ",in., "''''''in,,.,... "'.1';'" 'P ""r'dng. .nd 2ll,O<JO C.~I. "~.n or Th. Chip",,,. river h.. I.. 00.".. iD:' F. Jrdl.lro ., y roup" 11,,,- 'DoI Ih, m'. or "'<1. .C 6 .to ..r..... Th, fir.. ru., "0 10 . d. i1}' -.11 .r 110. ...." ",d Oft q ..III}'. .. fi., r~i.. "hioh i. ...01. .p or 1 000 000 A I . . t.o pAny" , . '" to X.,: inua, "'..p.. ..'h,. .p,,", Lor y.n1o o. ">I, ,h. 5,:,',-,-<>..., C. " Th. fi rm .1"''' ,.. n. ,.,. 'hon, th.... ,. .- ' ..."", "..,..n... and th.ro bY'rid~,. 8 MO. . "" .,.. "'...nl",1<oI 10,... .. II" Ropili, I.".. and .ho .th"., G".n bor yo rd. ... 'h. ~LAI. ."d ,,01 "..I}' "'''r'''' .ith pi... ..hi.h P'n. 'I1>O Mi,,;.,ipl : ori,h po.<.lhlYi r......1 ."i..porl. l'lai.... Doar Full.., 01.1.10. A I. huilding up ".mn",...I"', 'nd. in 'h, f. n.. Ih., gr..t ....IIb.C Ih. . Chip .w. .....kd ror m..' . Th . . . m . . .. ".. I.y. I", ""...Ied th" 'h' .... 4O.ooo.ooo..d' '...pto..,... ! ~-..t >0" ". . b... lu... ~ d.n. ~ h.i1d". .D\l ,?D' .,. sou, h \T.. t Th~ ""n 1I..~." ,.... P"'?'~ I~. 2.0lX!.000 .".... ~C pino I" on Ih b ., pr.... ".g;,!. .. r.lI.~o: r.;..!oJ,'.I. 1....... SI>. .... Th. 'l. . 'h. firm ... ..."",..11, rogonJod ...rb rox r .nd.1s tr.bat..... 'h.. . I."".. 11o~ ~ Ih. h'g ~3 and [TroOsu..... J.... Il. SI...CroU: Il!iI!s high "'..m hyoll who kno.. 'h.m., Th.. S, C.~I ~C. ""ohan,.h', pm. "ibe ItqlJ 00 tl!c Chip. .r; . n.... h... Sto",... )[.rtin "'" .1....."" in 'h. D.r'h.rn 'Dd.r .. "'III I.g i, bu. . "'...,......"1)' '..oil por./ ia ,'thUlI_ gl\'UJg aD aggrl'gate uf 10, prICes paic.l Cor ' , II I Th l r L . h' Tl' I' b d h tr I (}()( 000 feet. !;l'<'ms to he fully " an "'1'1"'<- · "'" . .....~ "'n'... .r, · "')". ....I" r ',.".r I .~ 'y "D or I. 0 ~.". .,.r I 'Ihlo dt}. ..d i....odi.., x id. ilf 'h. "n....,n. eo" 'rks .C,lhlo ""po..l;"" 10 SllO.OOO. . "ppl.ooI ....h ".,}' r..d"y C.r..x . ""'I:"....r '."0 .C. .t. ..oIondual Ih"'... 211 ...... .._ . '.. ll!.......)'. on" cIo~. J,Il;,.,,,... C,"nrin& "r",..or'. ""oriol-Iumb,. nor",b..... , ~.nt Loon.l lIln~t('~ l~t I"(,3,,',on si,linl". (I"","," _. ,. nTl:u.Y'l.....ry.., I' ,..- . ....l, ~ ~ ...."'1 I ~i-.~~..::...""~1.:'" J,"~~1r~.... "~""~~'I'Ii~' c1"Jl~~~l1:.,", .,~. .'.','. :t'~ .. ~ .- -... ,,,., -. i"'~\ ",... i ;I. · . ,"'.....,,.,.,,; .... '.....1 '.' , ," ".' ""', '. , . /" .. -- .., . ..., iR' ,'" ." ..- .. "",...... .,. '...... ........ ",.' ....". 'e . . .. ,"'.." "'_'. . , . , ...". . , ff:I.~;.q:1,rJJ~f/~~lf~1Itj}!M~!L, . '11~S!:~~1:1;t":i- . ~~t;,,'~;,,:f.<I\Jit, 1-~ .., .:'::"'" :."' . . . .: :. . "::~"''':f: '~':~~".<~:..,._,,;. 'yo;_ i~~ ,"~,'ii.". < <".,~:,:~;,.f,i';:~ '.C:' :. ;:,,"!I',,'. ""'C:'}:M."'""..~. ..~,,~, ,., 1<(;. ; c~t:........,:.:... : I~- /. " ".' . .' .,,: """:'"'1;: :"'::-"':':~~';'~'~f~;~ ~."s:,~:J,..":'''",. <.- :1-:/ ~"'::'_."'"'''' lit; t ~"r"'>,..".." ....ct., N,'.. ., ,.. .... '.. ,.,. .. ". .:~ ..... ......."......'..I1:~.,. _:-:,"',1. I". ...:, 'j '" "..,. . .' f' · "J.,. .". '. . . f '. .. .... " . . . ." .,. ','_ '. .., ", .... ..,: 'F".,.. . ~'.. ,. -', , . 'l'. '; :.- '.1'.';:' :; .;,:'. ".;1.. .;.,;.j: .' ;'; .,; ....... :. .... .. '. '. ,.... ..... . II I: ), ~ I, ~ II '" II ~ ~ " \(: ~-7 ~ +~ ~ ~~ IliIII. !I, $ ,'" ~I ~,~ 0 ~ _N"'4"~ >: ..~~ '" ~ ~ ~";~ l!~~~'~ lO~~q ~ ,I. , "~ ~~,~~.~ ~H~ " $ I , "'~ 10 li~ ~ 1( " ~~,., ... ~ ,.~~,~"I'~~;:~~~~ I ~ I "fI)~(j~'~~.~$i~~~~ II I, '" ~~h Slr.:~~ h~ '6=~ ,_.' ~'~~~~~..~, I, frl;:)~~m,p* ~ II ' " r.:~~ ~~.~16 :t~';H I ' ' ~\oO!;....~,\:~'\i;t"'>!'I: ~ I \ I, ~~,,!\.\ '!<.Ii~ ," III I ~I '" IN~~~.~\I~~ h ~ ~ I, I' ~I I, ~lj;,., ~ ~ ~'~ .. ... ~ ~ "l 'I ~' H ~~~~~~~~H'l ~ " ~, M ~~f~H\(~~~,~~ ~I,~ \t~'~ '~~~~~~.~~h'~ ,I 9: ~. ~~ ~""j ~ ~..~ ~ '\! h ~ ~ ,I ~ ~:J~ ~~~~~~~~~~$~ II ~ I 1 ,2 ',' ~ I I ~ ,s,y"N6"'G. ". I I;) ~ "I :t. 7.... 4;7..........-<: II ~ I~:_ . 41'<?C"-:~~ II ~ I~- - ;e', " ~ " 0 _ ...... _ . _ _ P." ",'S.II4r Ir~ :~ '. ~ ~ I~ '~, \~ , !il 'I' ~I ~ l r ~ ,I' ~I ,\ " n.: l' ,..I ~ c1i II I.; ..., ., '0: v ~. ~ ~.: 'Ii, \ ~ ~ H~ .~. ,t, ~~~ \ ~ ~~.~ ,tGN6. ~ ~~t: \) .......- ,0. ".:1".4'0,,"" ~!J ~ '" ..." ~ L'Y~~ r~'~\I ", .. \:q~. -..J ~ ~ ~~ I ,I ~ ~ \ I I ,"--. ~;;.... "i~ob ~- ._~/' (/ l\" .l I t~ ll~ :1", ~'~. I. ~ :I~ \\ .~~\l J ~ ~~ .~7C'"'-Zr;a- "i~ It ^ ~~9.: ~ ~ / II l1:1~ ~ (j'! ~ ~~~ ff; ~ i . l . ~ I q I ~ ~ ( ,\ " " ~ , " ~N. Il=... " ;, l' ~, " ~ 44'1/ -... ~/ #.,'J817' . ~ /1 .s'AP....,lo i:j .' J ?/'l'Q111 , ..Htl ' ~ >----_1 . StW,{ff ~ $'~111 ~c. ,Zi;n,...?4 .109 -.............:' \ \ \ " ~ , 'I ~ ~ ~ 100 '150 ~_d , I ~ ~ ~ ;'l K ~ ~ ~ ~ ~ " ".. l..~ ~~ ~ ~~ ~~ J I ~ )C -----, I ...&:.~4..Z ..~~:-= = =-:-;:: ~ L .. -- - - - - ' ~'''2 _ -1 ~:_h I - - - .. ...-- _ _ i. ---..., '.e :' I " I ' I J_.. ',/ '" ---L ,l........f! M.,,fi;;; ~ -..., : ",.e- ;<t : I : I I 1.,_-1 , , I I "J ~- : ,', I ~ .i , I , .c' ~ 'l, ~"::'~j.-:t=~-_ ~~=:~ ...;0. ,"'_'_ ...., .-..rT-'r............. , \) "'-- -">.I ~ , lc.. ~ - - - _J.:" I '" \ \ , '--- -- ..~..,:. 'f ~ I "q, ~ I.~ .. I ~ ~ l~ I ~ ~ i\.l , ~ ~~LLW TER PUBL'C LIBRA 223 ORTH 4TH STREET TILLWATER; MN 5508 ~ ~ ~ ~ ~ ~ ~ k \) \) Il ~ ~ I> XI-- I .J. 0{ ~ ~ ~ K l' Jt7 '" ~ ~ ~ ~ ~ ~ /t' 6'HEEr __L__ "'~lr I ~I ~ I- t. L~ - .....,ll~ I lq,~U r I' \ L~I.~'" l:- 'T ifJp Oivj,:,jo -~~- .' I I ~ J ul 29 ,. ~L:L ':',i',~ry of L,~L~..'f!_/ ~~f ~ I\- ,.. lie ~ -~-----v r--- - \ I I \ ~ \ ^ .. \ lot , \ 'l ~ t.?:- \ \ .1 I. ___' : -.. ~ I I' --, I \I) hI 1__., I ~t: ~ ~ \ ~ ~-..... \oj ~ " STII_LWATER PUBLIC LIBRAR 223 NORTH 4TH STREET STILLWATER, MN 55082. ". -- \... . .~ ~ r... ~ ~ Cf,) ~ 1\1 \;, ~ " ~ ~ ~ ~ ~ ~ \: III I.i ~ ,~...\ ~ \'i . --- -- -- Q...... ,cy""",..,. --- . .:j{ I I rc~;:;.:-.;;t . . ..",,1 It-t',' " c~ . . . .... MEMORANDUM TO: Mayor and City Council v FROM: Steve Russell, Community Development Director DATE: June 16, 1998 SUBJECT: Revised Location for Traffic Circle to Liberty Property and Rutherford School The original traffic circle and right turn lane shown on the preliminary plat for access off of Co. Rd.12 to the Liberty project does not meet state and county access standards for that road, A revised plan has been developed that eliminates the right in, right out to the commercial area and locates the new traffic circle access point 950 feet east of Co. Rd, 15/12 intersection. This location has been approved by the county. The city's traffic engineer has also approved the design, The school district supports the location and as early as possible construction (see attached letter). Of concern is that Settler's Park is reduced from 3.08 to 2.79 acres and split into two pieces. This makes the park less usable for play field activities. To address the loss of park land, staff recommends the developer consider eliminating four lots and changing the residential development type around the park and next to the commercial area from single family to townhouse single family (this would require rezoning the property to townhouse). The developer is considering this change but cannot commit to it at this time. Staff recommends approving the new traffic circle location with the condition that the Settlers Park not be separated by a road or reduced in size (the new traffic circle design will require a revision to the preliminary plat and possible rezoning). RECOMMENDATION Approval of new traffic circle design with the condition that the park not be separated by a road or reduced in size and an amended preliminary plat and zoning amendment be approved before 2nd phase final plat approval. ~oo\' 't <: - < I - \. Westwood Prof. S':5vlces" OS/29/98 1~: 48 ,FAX, 9fj5822 n "1'1 411 \ JI <-:-, .J- // \ I 1\ ,\ U I ~ L-...J I ", .", \\~ II \ \ U II ur--n "" /."'-' \ \ I II' ...II ' " ./ ~ -, \ , n '--" ',/-~ \ \ 1 \ 1\ \ G u:: " ~". \ \\ \ \~ I \ n ~rJJ //)j,,--~,, -, ,~t,\ II I i IF===~' Il ",," n' ,/ If I 11/ 'I II \\ \, (\\ \\ ,,6\ /1 \ \ \~ ;:::"--.....~ /I \\ \ I h ~ ... // i \\ \ .....................-k;>y.P. \ \\ \ I II \ \ II \ \ 1\ \ \ \~ ~ \ \ i' \ \ \ I ~ ~ II \ \1 \ II \ I \l \ l 11'ol I I I r R I II I II III II II II II ! II I~ I IIi I II I l I ! II i ! il:1 ; I I I I I I I rift rU \-. I " .' I II o - ' ---- ------ -------- ----- ~ rl , \ .'. 06/16/98 Tl~ 14:5i FAX 612 351 8380 IND SCHOOL DIST 834 ~001 ;.. .., . To: Mr. Steve R~l1.(t. ;V From: Dan Parker y. '. Date: June 16, 1998 Re: Access to Rutherford Elementary Thanks for your call regarding the proposed access to Rutherford school. District staff met with the developer last Friday and the plan was reviewed, It appears that the proposal provides adequate stacking distance and the radiuses provide space for busses and cars. It is my understanding that the Council will be considering action this evening. Hopefully, this access can. be approved and construction begin, School will begin on August 3,1998, Thanks for you efforts on this project. . . -3 I I~ ~ ~ ! I~ I I ,- ~ 75th AVENUE (C.S.A.H. 12) ---~ LIBERTY VILLAGE I (VJI.UGB' COIOlERCIAL USB) I " " "- ....:. ..." ~". '.\. 0 ": ":%"q ,~. s:; . '0"" . " tIa' . ,~ .' ," '. PINE HOLLOW ' i GREEN, '~.' . ~f)~' .,,:,~~' "~..- _ iiin""p.,.. 75th ~ RUTHERFORD SCHC <.. /, i~ . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: July 1, 1998 RE: City Hall Area Parking Study The attached parking study would examine parking conditions in the City Hall area (library, Trinity, post office, Ascension). The study would begin immediately and take two to three months. The cost of the study is $5,500. Funds for the study would have to be from the city budget or paid by other participants (no fund in planning budget). Recommendation: Decision on parking study letter proposal. . Attachment: Parking Study Proposal-7-1-98 . 1 ~SeJ . 353S VADNAIS CfNrER DRlVf. 200 SEH CENTfR. ST. PAUL. MN 55110 612490-2O(X) 800325-2055 ARCHITECrUR! ENGI~ERING ENVIRONMeNTAL TRANSPORTATION July 1, 1998 RE: City Hall Parking Study Stillwater, Minnesota SEH File No. P-STILL9901.00 Mr. Steve Russel) Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082-4898 Dear Steve: As we have recently discussed, parking in the vicinity of the City offices has changed. The data that was colleoted in the parking study several years ago represents a good base but is no longer valid for current uses. City Hall has expanded and the use of the building to the south has changed. There appears to be more demand for parking at the City offices, We anticipate the use of a student intern to collect the data, We will also make observations of parking use in the parking lots and on the streets on a Friday or Saturday night when the weather is conducive to heavier parking demands in the area. We will also obtain the peak parking time demand from the two churches in the vicinity and do a single Sunday a.m. count of parked vehicles. We may use the intern or I may drive or bike over to collect the weekend data. After this data is collected, we will analyze and calculate the usage and the parking characteristic of each of the individual parki.ng lots and of parking on each of the blocks. Infonnation on available spaces by time and the usage made of spaces will be calculated. We will compare the actual usage made of the parking spaces to that anticipated and to that desired based on the adjacent land uses. . Sf10Rr ELLIOTT HENDRICKSON INC. MINNEAPOLIS. MN sr CJ.OI.ID. MN CHI~A FALLS. WI MADISON. WI LAKE COt./NTY. IN r:GUAJ. OPPQRTUNITY EMPl.OYER GOO III Has OSIG 06t GI9 XVd tS:YG ffiLL Sa/Oe/90 .;'J . . . i Mr. Steve Russell July 1, 1998 Page 2 With this information, we can evaluate the problems which may exist. Potential problems include all day parking in prime parking spaces and sholt duration shortages of spaces, either through calculations or through estimates of peak periods. We can also offer ideas on changes that can be made to improve the use. Conversion of prime spaces to short duration, high turnover parking may be beneficial to overall usage. This is generally a cheap alternative to adding to the supply of parking. Information will also allow us to evaluate the potential for downtown employee parking in some of the larger lots in the area. This was an alternative that was discussed during the eady paddng studies and during the reconsttUction of the downtown streets. We will meet with the City staff after the data is collected and analyzed and discuss the information and tbe opportunities for improvements. We will also attend a meeting of either the Planning Commission or Parking Commission to review the data after oUr staff meeting, Finally, we will prepare a repon and provide copies or summaries of all the information that has been collected, We are available to start on this data collection immediately. We anticipate that once a date is set and the data collected, we can provide the information back to the City staff within three weeks. We feel it is desirable to complete the study during the months of July and August which are when the prime parking demands in the downtown area occur. We estimate the cost of the data collection, analysis and report at $5,SOO. This includes data collection. analysis. preparation of the report and attendance at meetings. It also includes all reimbursable expenses and will not be exceeded without prior approval from the City. There would be no time charged for my observations on Friday or Saturday night or if] make the Sunday counts, since I am in Stillwater frequently anyway, If the work program, schedule and fee are acceptable, would you please sign both copies of this letter proposal and return one to us for our files and as authorization to proceed with this study. If you have any questions or need any additional information, please feel free to call me. Respectfully submitted, Short Elliott Hendrickson me. Accepted this ~ day of ,1998 -4k1/M;aI~ CITY OF STILLWATER, MINNESOTA Glen Van Wonner, P.E, Manager, Transportation Engineering Group By: Title; slh Enclosure COO III HHS OSlZ 06t Z19 XVd ss:rz an~ 96/0C/90 , MEMORANDUM t TO: Mayor and Council . FR: City Coordinator RE: Parking study for City Hall Neighborhood area DA: April 17, 1998 Discussion: Pursuant to Council direction, a meeting was held on April 14th (see attachments) to discuss parking issues in the City Hall/Library area (the impetus for the discussion came from the workshop the Council had with the Library Board on March 17th). Representatives from Ascension Episcopal Church, Trinity Lutheran Church, Stillwater Library, Post Office, Warm World/Family Services and City Hall attended the meeting, The meeting resulted in a consensus of opinion that the parking needs of the area, based on current conditions, as well on plans for future expansion of some institutions (e.g., Ascension Church, Library and Warm World/family Services building) far exceed the present capacity for parking. One popular solution to the parking problems is the construction of a parking ramp at the present Trinity Church parking lot. Other options discussed were: the construction ot:a ramp behind City . Hall, the construction of a parking area at the present City Garage site (assuming a new Public Works facility is constructed at another location), construction of a farking lot (or expanded lot) at the Library site, and the construction of a ramp between North 2n and 3rd streets. The most popular solution appeared to be the construction of a ramp at the Trinity parking lot site, However, the cost of a suitable ramp is estimated to cost between $2.5 million and $3.0 million. On the other hand, financing of the lot may be achievable if the institutions involved have the ability to pay the costs over time. In any event, the parties all agree that further study must be undertaken in regards to this issue. The parties are requesting that the City commission a qualified firm to develop a study and recommendation for Council consideration, Therefore, I would recommend that the Council establish this as a work program and that the Community Development Director be directed to I carry out the work program. Perhaps Steve could do a follow up report and recommendation to the Council at the next meeting, The report could include a cost estimate of the work program. / Recommendation: Council consider establishing a work program related to parking issues in the City Hall neighborhood area. - /)filA . ,. rillwater ~ ~ --- ~ THE BIRTHPLACE OF MINNESOTA J . April 6, 1998 Postmaster US Postal Service 102 North 3rd Street Stillwater, MN 55082 Dear Postmaster: The City of Stillwater would like to meet with representatives of organizations and institutions that are located near the City Library and City Hall area to discuss possible solutions (short term as well as long term) to the parking problems that exist in this area, A meeting for that purpose has been scheduled for 7:00 p,m. Tuesday, April 14, 1998 at Stillwater City Hall, 216 North 4lh St, Your attendance at this meeting would be very helpful and appreciated. Please feel free to call me at 430-8001 if you have any questions about this matter. . Sincerely, ~~se~ ~~ City Coordinator . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612'439-6121 ~. . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 07/02/98 Re: Appointments to Water Board of Commissioners and Library Board A vacancy currently exists on both the Water Board of Commissioners and the Library Board. Both vacancies have been advertised in the legal newspaper as required by the City Charter. The term of Melvin Friedrich on the Board of Water Commissioners expired June 30, 1998. He has expressed his interest in being reappointed; the Board of Water Commissioners is requesting Mr. Friedrich's reappointment. There were no other applications for appointment. . Barbara C. S. Hansen resigned from the Library Board. The vacancy is to fill the unexpired portion of her term (lan, 1,2001), Applications for appointment were received from the following: Diane L. Adams-Graf, Michele Cassavante, A. William Fredell, and Anthony K. Munson. The Library Board interviewed the applicants and is recommending the appointment of Diane Adams-Graf, Action required: Resolution appointing member to Water Board of Commissioners for three year term, Resolution appointing member to Library Board to fill unexpired portion of term to expire Jan. 1,2001. 1 204 North Third Street P'Q, Box 242 Stillwater, MN 55082-0242 Phone: 612-439-6231 ' FAX: 612-439-4061 BOARu OF WATER COMMISS liNERS MAY 8,1998 MA YOR JA Y KIMBLE 216 4TII ST N S rILL WATER M.l"'J 55082 DEAR .tvlA YOR KllvlBLE, MEL FRIEDRICH'S CURRENT TERM, ON THE BOARD OF WAfER CO!vlIvllSSIONERS EXPIRES JUNE 30, 1998, HE HAS EXPRESSED HiS WiLLING'N"ESS TO AGAiN SERV1~ ON 11-lli BO,A,RD. IT IS THE DESIRE OF THE BOARD. TO ASK FOR MR. FRIEDRICH'S . RFAPPOTNTMFNT, AS A MFMnFR or TlTF flOARD or WATFR C:OMTvHSSTONTlRS SINCEREL Y. ~~~~ ~~Th.1 MCKNIGHT SECRJ::TAR Y/MANAGI:~:l{ . r STILLWATER ~~----~~ P u' BL 'Ie LIB R A R Y .223 North Fourth Street Stillwater, MN 55082 . . 612.439.1675 FAX:439.0012 22 June 1998 The Honorable Jay Kimble, Mayor City of Stillwater . 216 N. Fourth St. Stillwater MN 55082 . Dear Jay, . The Board of Trustees has reviewed and iIi.terviewed the' applicants for the vacant Board position. We would like to recommend' Diane Adams-Graf for the' position. Although all of the applicants presented strong credentials, we believe that it was Ms. Adams-Graf that exhibited the strongest understanding of . the Board, its duties, and its interrelationship with other community institutions such as the schools,- the county library system, 'and the City Council. In addition, Ms, Adams-Graf resides inWard 3 of the city, a ward from which we would like more representation. As always, we appreciate your willingness to afford us this participation in the open appointments process. _ 1J:J. ~. Dave Ruch President Board of Trustees Deadline for applications is no later than noonMay 20, 1'98 . i :', I I. i I I ~ I ; I i lu CITY OF STILLWATtR~: i...A. APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS ._ ,.- . l-t-O( ,~.",". I, "-'''r~ Date: S I s I q 8 Return to: City of Stillwater, 216 N, 4th St., Stillwater, MN 55082 . Name: 1J 'A tJ E L. A DAM '7' biZ-A ~ Address: I OS 1J Del H L A IV D A v E. Home Telephone: 35'1- IB1.') Work Telephone: ZCj 1- BOCf <;' 1. How long have you lived in Stillwater? ~ Yrs@ .3 \Vh.ich Ward 2. What Stillwater community activities have you been involved in? tJ(iNE,ID 1\A,E/ OTIt~i< II-/AI\I SeH(J()L. pt"JD ~H()J~J,{ 3, Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission, I~A\lE ~~fiG\fE'D ()fJ A l'\1U~€'VrY\ B(lA~D AtJC ~fJ5r-)LIET) . (/lITH (f'V'At)E P~5E^,)TAnnNl, ,0 \J ArcIOIle, MtlflEUM RnA-Rj)~, 4, Do you have a preferred Board/Commission that you are interested in serving on? Yes -L No _ If yes, fill in name of Board/Commission: L,B' i2-A e '/ 5. Would you consider an alternate appointment? If yes, which one? Yes_ No "Po ~ S 1 fj L- 'I 6. Please describe any schedule conflicts with the reguair meeting schedules tor the boardlcommissions (i.e" routine travel, work schedules and the like), l)o)JE 7. Why do you wish to be on a board/commission? ~() k lig 1 IS U rE:. m TH ~ e.O J'\I1 fV\ \.J!.J I T'J \'VV' LI V IN (:; IN 8. Please describe any other relevant information you would like us to know. E'f... P E'g.\ E ~ c.E (kJ G t::./'\. 101 1--0~1 T I f,j ("5' A: 10 "t~ 7<-E V I E: LV . ** ** Attach Additional Sheets, if necessary* "* * THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA . . . Stillwater Public Library Supplemental Application - Appointment to Board of Trustees N a m e __D_\_r-\_~g.__~~~.7-=-_~~~J'_ The Stillwater Public Board of Trustees is the policy making body for the library. The nine-member Board meets the first Tuesday of each month at 7 P.M. In addition to regular meetings there are committee assignments which require a commitment of time.Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor and City Council. For further information about the Board or the library, contact: Pat Lockyear, Board Vice President, 439-2130 Lynne Bertalmio, Library Director, 439-1675 Education history: c..., p. M. Lc..E.E:::,TIFIElJ f>u8l,le MAI\JAbE~) M. A. CA f1.1 t~l C..'\/oJ 5TU PIt: s) B, A. ( HUrY\I\/\J)~Tlc.. ~ruo I fS) Brief employment history: MUSEum tlf:L1> (tu~ArO~1 SlfE:' Mr;.R.IC-Ou'r=.c.1l0IJS Mb~) f u ec-ct AS (t-JG A 6 EtJ T RARE BOOK UTA LO GE lL eM PL) Involvement in libraries, other library boards, or community groups and organizations: HfA V'{ lJ~( R VOl urt t f(jZ - f'U 5L1C- !JCrlOOl-7 LOOgDI~ATDf2.-. DD'Il:?t,t.'/ OF rHE MIND Why are you interested in the library board? Ktft.Ec:. T0 ~Vl Y to flIUlt1 ) TtiVl E t;V r TO ~U15 L/ G ED UCA n DN Deadline for applications is no later than noonKay 20, 1'38 Return to: City of Stillwater, 216 N, 4th S1., Stillwater, MN 55082 CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: ~'C~ tYr.:;<5A JA-rJrr.: Address: 5" 1/ S' fIo-€l!Dm~ 81-. Home Telephone: $1130'" 0 r9h Work Telephone: 9 r~ 3l8-r 1. How long have you lived in Stillwater? ~JM/J 1YrsfMo, ~rmo , Which Ward 2, What Stillwater community activities have you been involved in? .., ,). S UN' 4, Do you have a preferred Board/Commission that you are interested i~ serving o~ . , Yes~ No_ Ifyes,fillinnameofBoard/Commission:~~if~v &t:~ ~ Yes 5. Would you consider an alternate appointment? If yes, which one? 6. Please describe any schedule conflicts with the regualr meeting schedules for the board/commissions (i,e" routine travel, work schedules and the like). ~~ ~ 8! ~ J ~ Yo.t< ~ ~AA t2-A/ "n,<-e--LJ..R.,(,( L -' - 7, Why do you wish to be on a board/commission? ~~C/'l.L~~~J~d ~ ~cI~ ~-r~~ yYtU~Q' .~ tvt:tu #....e ' M......ed ->; t 8, Please describe any o.uth~ r relevant infonnation you would like us to know. ;4-U ~C.k_'(JP ~ --==" . "*." Attach Additional Sheets, if necessary" * * * THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND ISCUSSIFlEDAS PUBLIC DATA . Stillwater Public Library Supplemental Application - Appointment to Board of Trustees N a m e JIL{~@__l~f2/J1J/rJlIi_- ~e Stillwater Public Board of Trustees is the policy making body for the library, The nme-member Board meets the first Tuesday of each month at 7 P.M, In addition to regular meetings there are committee assignments which require a commitment of time.Terms are three years in length with the possibility of two reappointments, The appointment will be made by thP. Mayor and City Council. For further information about the Board or the library, contact: Pat Lockyear, Board Vice President, 439-2130 Lynne Bertalmio, Library Director, 439-1675 . Educat 0 h t . . ,-ffll. - II tJ1. AI ~ ~/S /;L1~ A _ L i n is ory: II "'0" 'r a:U- Luv~<'<"'- V'() I'" I. d... ..1/ 1&Lfl-(~~-y.JU (...vn /J.Cf-.[,{ .,. t!.MA/}'Vfi7 ~ U1. n~ c r ~II' ce. Otlr~ - Un).-r .. Ifls /41t/ - 0 ~ - - .,. ~ ~ ~. 91- d..t-v--~.A,,{ AI ~ ~ ~~~/ f-i-M<f'4I1 ~ Brief employment history' /J ~/I~~ '..Ji..< ~S~. /9'13- r~' ~ ~ ~.fttYl tbtt'v, /9/'1 -/tj92.. .)jJ. ~.s~ l~lJ--/7fJ . ~7' ~. ~'V'l/VI4l' ChY1~ Invol~em~nt in libraries, other library boar~s, <?r ~ommun!ty groups and, ' '; orgamzatIons: J~ ~ ~cf.Ln~J ~ .&Sf;-~ . ~ ~ ~ ~ --o-&tuc.d;4/.-w./~~~~ .<<-<'{)~'U P~~AA~~J "'-t1#1~7 U.d.Ci!-V-rl~f.v4-u 4J..-h'/rA 4-&tvLd- 5~ ftfH~?u(t PS-c~.&~ _~'~~.~7/uJ ~~ d~d..t//~;jcJ~ t....t~ ~~ #n. fP ~~ ~ ~"I _R.u.-u-e1-;fiefYl:13CJ~c( ~ ~ ,.L.",,-_ ~~'.d \- . -ft:; /J -' ,.I> . ' .. . /J~ ~.~~ fi~~ "'1/t..L ~ S~" u{,.Q771. (I ~ --. .- f'l.iA/i~""j ~vv-~/-W ~ ~/TJ""'~ -tA:h . Why are you interested. inWthe library board? - ~h~LU-L~~~--/~ t:L~~ ~ ~ ~r: .- --1LIP- n-rfJZlE-, ~ .J) ~ ~. a. ~ <-/-n.P'"nJ >i /h"-;o-r ~. !-1 CL rC:d~ ~ - ~ ~ '-HJ' ~~' t!-QtJ,~ ~ --t--L tX. f/~(1.'L.lX'~, Pb ~ ~.v. ,~~ ~ .tl-o tt:L.~ 4 . ~~c.-t... '4t:J.t1jjeVl ~~ 'h~'uJ .' /. .~ . ~~dA~!.A-<i~./h'~'-t;, ~~tt-!M '.. ~~ - t:J'~tI- ~t:t-c-f-, ~ th ~ ~, ~ ~ ~ c.fo (..<N.., h'1;".t:A ~~ ~,ti. ~~ h-r.-L tfo Or1~ P1~+"~ l}o~ .j}~A...Ib .../uf~' cf-C). ~1irIM v ~~';JJ -'-- /~ ~ tl< cf [J tl--7\-cf '-/-d ~ TcU-? e'1 ~ v~~~'--;;;:li+-t:t-I ~ ~.~ '-h .-tM ~ . Deadline for applications is no later than noonMay ZO) 1'98 Return to: City of Stillwater, 216 N. 4th St., Stillwater, MN 55082 Date:/1//) /1J"t" . CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSI Name: / 4/~4#1 r::~/ , CC!E~VlE[D) MAY 2 0 1998 Address: ~?? &' ~4r-.r;/ ~ ,&;M~ I ~-/: /4./,,4~ --------------- . /" ./ Home Telephone: /"-/57 - .5'775' Work Telephone: 0;;1~/P97 u-'? -& #~ 1. / Which Ward How long have you lived in Stillwater? / r"'..Yrs!Mo, 2. What Stillwater community activities have you been involved in? ~ ~4'J ""____ H~ /oP,,',..,-r _...6'/-6' ~~..o.~/ cr,,"~ /'h?~p~J- ./ / .., ~. Please describe any previous experience you have which is similar to serving on a volunteer advisory board/commission, ~, ~.r. L- e! c.:?/~/?7"/~~ ~....~ .d' / "':.. -'" ~~ :v- ./ ?~ 4. Do you h~e a preferred Board/Commission that you are interested in serving on? Yes -L No _ If yes, fill in name of Board/Commission: ...L' " ~ 1/ -:;y Would you consider an alternate appointment? Yes No / If yes, which one? Be ~r/ 5. 6. Please describe any schedule conflicts with the regualr meeting schedules for the board/commissions (i.e" routine travel, work schedules and the like). C--~ .-:-617""" -r--?;;' .r-< //:-c::.. d/r//' 5ZJ} ~.o<'Y.> ~-- ~" ,h.,__~ 7' /n -/-'~- ?,/~,/-Z: V ~.-?;/ .L.,:;~~ .5ChNZ 7, Why' do you wish to be on a board/commission? ~~__//r'(./~ ~.z /-- fe-a'" #/~ ..a ///~ &'"~/ P'..r/'~//'C<r-: / 8, Please describe any other relevant information you would like us to know, . * U * Attach Additional Sheets, if necessaryU U THIS INFORMA.TION WILL BE DISTRIBUTED TO COUi"'CJL AND IS CLASSIFIED AS PUBLIC DA TA , . . . . Stillwater Public Library Supplemental Application - Appointment to Board of Trustees Name/~~.!&~c.b_-6~;/ The Stillwater Public Board of Trustees is the policy making body for the library, The nine-member Board meets the first Tuesday of each month at 7 P.M, In addition to regular meetings there are committee assignments which require a commitment of time. Terms are three years in length with the possibility of two reappointments, The appointment will be made by the Mayor and City Council. For further information about the Board or the library, contact: Pat Lockyear, Board Vice President, 439-2130 Lynne Bertalrnio, Library Director, 439-1675 Educatio.n history: , /' ,/ L.---' '// .. / , q:' J fi~p''''/ - /77/ ?t/.;;r/y////~./ ///g'l"!" ff./ /J' / /<:-', Y7 _/u~2- - ~hk<ll~ 5K~ d-/t/. p ..r.,/- ~/ /" ..$" ~/ "'r....L / /- /J ~ <",,:." . /H ..j;y $' - c: ~A'''''''''''''-''../ /-1' "" 7h~, n-v~ r ~.. "'3 ../ c; ./ t!'.'"" L"' e- ~5&<- _/~yd~,.,h. p~vt//.f ~./~/;,,,,.sI'7--~/nY/c~'/~Mo-? .cu/1 rD16'./. ./ .~, /~u"""'" ~/'~.--/ /?Y"'~ 5~/-; C/I?./~. / .5?:"'~....-/..>K/:"~/:/. . ."..,~/ 7~;........t t!' :e""...,e-h.~-~7~ i'-" ~/ ./ Bnef emp oyment history: ~ ~-r:- :P~ yr.;1 - ~-/ .5:.4...,/ .~/~~/.:.r b',t~ ,// - ?/,t> ~ g -/dJ.- ..A'r..L-4 ~~ /v U ~ ~ .... ,A-z" / ~ 5/-<-c:- oC, / ~/, / ~." h .-?I!.dt-.. b'~ .,;(./~ ..,;::/:5 ::5 /"7 LIf!' /1' /~ f .y..Jto .6--- LA-- O:/..J .... ./ /' P7 f /""'- ~ "%$ &.-- ,/?"1drJ/"'? .? rv7.-9r: Involvement in libraries, other library boards, or community groups and organizations: J'../ / / .2.---' ~ ...-:> ./'"?'/4/,.. V......L //.....// '.:;; 7 r.9Y 5;?- /~.~y-~. Why ar.e you interested in the library~oar ? .' ~' ..,--- / // . J ~ ,,4/.:/-<.-- -/4.4' ..-r-/ ;'''C~ /'"",- ",.:.'&fr/tYY /"'t-/.. /~ ./ ~ v.' /./ r'v -c-- 7"'7-,,2'~' I . C/ ...r-' / / / ~ /;, .L,tA~~ 4..?' ,.6.,.,.-/J/ ~.f,t'r~"7t{ "". ~ /."..- Y b /, /> p/ .--- /-1 / / r./.? y' .:;/ - - ./ //./ ~ /t:: V" /.--: j;"/L':> /--/ C ~~/ u -/-;';'/ ~A/.t:h"' ~ 4/.~.? ~ ~ /- ~ U/,~?L ~ 'co," /-::::.Ia 1-:: ~ ~;---;~z;;:; /.;.;0 //'7e-r--?-' / .c- ~/ ~~ ~ ,!---/V'" r C 0:1' JA-',,:.y, ~~,h , '7 Deadline for applications is no later than noonMay ZO) 1,gS Return to: City of Stillwater, 216 N. 4th St., Stillwater, MN 55082 CITY OF STILLWATER ~~r2 r:- n\,.r; '.- APPLICATION FOR APPOINTMENT liD ~ ~ 1-5 0 \:','- '. TO ADVISORY BOARDS AND COMMISSION~ i\. MAY 2 0 1998 Name: ./v[l/Mf (7iN/) if ;l!;4I.0JJ ILiul Address:32Z AI I/!C/(/JI(/_ 1-, Home Telephone: 3Si -/2ZC Work Telephone: S//f-tjOlO 1. How long have you lived in Stillwater? /. [; YrsIMo. ~ Which Ward 2. What Stillwater community activities have you been involved in? "l ~. 4. Do Y7ave a preferred Board/Commission that you are interested in serving on? Yes No _ If yes, fill in name of Board/Commission: ;' L ~ ~ 5. Would you consider an alternate appointment? If yes, which one? Yes ..----..... 6, Please describe any schedule conflicts with the regualrketing schedules for the board/commissions (i,e., routine trav 1, work schedules and the like). d iOI/1 J 7, i , --I::.L-.. ') ~ t6 v:J l-1 · S" qY" ~ "i:e 'S t: c.j J; G ;~~(iS' 8. Please describe aTPj other relevant information-y6u would like us to know. . .... Attach Additional Sheets, if necessary.... THIS INFORMATION WILL BE DISTRIBUTED TO COU/VCIL AND IS CLASSIFIED AS PUBLIC DA TA . Stillwater Public Library Supplemental Application - Appointment to Board of Trustees N amej'7-{:~~~fL___- The StIllwater Public Board of Trustees is the policy making body for the library. The nine-member Board meets the first Tuesday of each month at 7 P,M, In addition to regular meetings there are committee assignments which require a commitment of time. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor and City Council. For further information about the Board or the library, contact: Pat Lockyear, Board Vice President, 439-2130 Lynne Bertalmio, Library Director, 439-1675 73,;f, (;CfthJIA .J",j 7(di "I:; ) i/tiM/; I, d';l',velo I fy J S;, /& I . Brief emPloymen?~7J,($(M+JI,JfdI1 i /#';1-lr fl- ~kd!c7wtes ado".,Ji/c,cr!/c~ 19('/- I'lor hf/cOl1 LoruJ~ InvOI~em. ~nt in libraries, other library boards, or~mmunity groups and / /1 orgamzatIons: J <": II J.I j. I /1/ 1.-/12 Llt{ bVJ IlIoluulL.d( ;0 VOl..!t1 /Vf,V1'-1('fO IJ d I"P7;,'owcr yt, c Ji'o,rc! f /),H.o4S .;;tJc! "'.... fi. c 71!t,JOUl7'/ GJ't..- tf.fn., Why are you interested in the library board? . I 1;, ve . J h 2.6;,j,.~ 1 fj4~ 14, f boo ks~ Me! f(Cont! ((J dOt it$' d {e..- ll. { Ix 5"1- Ii "t C vJ c ;; &J fr Cd""/' I.r {v r:.. (J"u-'I- J ~ j "v/r.-f e..- o (r.~,-;t-o,; e s f/ fi,; 6 Ie.,,,, '-;,a" . '\ --;; ,Sf; //v>;/-cr !...;tf,o/y ;J 4) it6i' f ;> r!d,j; l~r;;f'eJ fa f f" MG.. ~ z;.r(ic-t: Ivt ~":" "ovc-,vv, ~k/!-} , S"~"'l~:"14 01-) -t:0e. POiJrcfJl.AJoL../.cl/r/v e.. J1'1. ~ ;. c: '" eft".'" r L H ; 'fJ ~ '" cr,:/-" tl.. Co .b..t.,~ t.. " ; -A; c,,,,J "'},j Eo's 0::)" / ; ..,Jem IS' 1 5 ; f~L' '/f'..z V) <2c;,Vo '(.4 \ vel'l/~Jr cA,l! rl/sO /;t.~ JA-7e, d.dke j)(:Lrc/!4.11- ;f;c 7.6/,./'7 /tv7.!JI7J" .~ . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 07/02/98 Re: Tobacco license - 2040 Market Drive On June 29, 1998, Khaled Ghneim, dba Tobacco, entered into a purchase agreement with Zaid Mahmoud Wazwaz for the sale of the tobacco store at 2040 Market Drive. Zaid Wazwaz has submitted an application for a tobacco license for Kawther, Inc" dba Stillwater Tobacco, for that location, . Approval of the license should be contingent upon receiving all documentation required for the license application, completion of background investigations, police department approval, and meeting of all requirements for issuance of a tobacco license. The license will not be issued until all requirements are fulfilled, . 1 RESOLUTION NO. 98- APPROVING TOBACCO LICENSE FOR KAWTHER, INC., DBA STILLWATER TOBACCO 2040 MARKET DRIVE WHEREAS, Khaled Ghneim, dba Tobacco, is licensed to sell tobacco at 2040 Market Drive; and WHEREAS, Khaled Ghneim has entered into a purchase agreement on June 29, 1998, with Zaid Mahmoud Wazwaz for the sale of the retail tobacco store known as Tobacco, located at 2040 Market Drive; and WHEREAS, a request for a tobacco license at 2040 Market Drive has been received from Zaid Mahmoud Wazwaz, for Kawther Inc., DBA Stillwater Tobacco, with an anticipated opening date of July 8, 1998; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a tobacco license to Kawther, Inc" DBA Stillwater Tobacco, contingent upon completion of background investigations, Police Department approval, and meeting of all requirements for issuance of said license. Adopted by Council this 7th day of July, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk . . . . . . MEMORANDUM June 29, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer IL-~ SUBJECT: Proposed No Parking Zone In Lakeview Hospital Neighborhood DISCUSSION: At their June 2nd meeting Council directed staffto solicit neighborhood responses from the Lakeview Hospital neighborhood regarding the posting of "No Parking - 8:00 A.M. - Noon" on both sides of Everett from Orleans to Abbott, on Hancock Street east of Everett and on Anderson Street between Everett and Martha, A letter (attached) was sent out to 45 property owners, We received verbal responses and/or letters (attached) from 15 property owners. . There was some concern that this may just push the problem into another area and that putting it all the way to Orleans was not necessary. Most were in favor ofthe no parking restriction if it were Monday through Friday. We received four responses against the posting further down toward Orleans. Including the original petition were 25 responses with 6 against the parking restrictions. RECOMMENDATION: Based on the comments received I recommend that Council approve a "No Parking - 8:00 A.M, - Noon, Monday - Friday" on both sides of Everett from Abbott to mid-block between Hancock and Orleans, ACTION REQUIRED: Discuss the issue and the recommendation and Council should decide whether or not to post the restricted parking or take no action. . . . MEMORANDUM June 29, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles t~ /' City Engineer SUBJECT: North 2nd Street Retaining Wall Repair DISCUSSION: As reported earlier this spring, the wall along North 2nd Street near Pioneer Park is showing some signs of distress. Staffhas been investigating some options for repairing this wall. A major renovation project could turn out to be a very expensive project. However, there are two actions that the City can take for relatively minor cost which could increase the serviceable life of this wall. The first action would involve bringing in a sizable amount of fill and placing it along the base of the wall. Since this low area below the wall currently has little or benefit to the City, using this area to place fill along the wall and then restoring it with vegetation would not only protect the wall, but also may restore this area to a more natural state. Trailhead Development, developer for Interlachen Hills 3rd Addition, has indicated that they would be willing to provide the City with free fill and deliver it to the site, That development has run into a situation where it has excess material that needs to be removed. The material they would provide would suit our purposes. The second action that will help protect this wall would involve filling some of the voids that allow fill behind the wall to wash out. Staff will investigate the cost of completing this work after the fill is installed (assuming Council approval), RECOMMENDATION: Recommend Council authorize staff to work with Trailhead Development to complete filling. ACTION REQUIRED: If Council ,concurs they should pass a motion directing staff to work with Trailhead Development for filling and investigate any costs associated with the filling of voids in the wall. "; '. . . . MEMORANDUM TO: Mayor and City Council fb/ FR: Steve Russell, Community Development Director DA: July 1, 1998 RE: Resubdivision of Lots at 208 West Linden Street (Case No. SOO/98-34) This request is to resubdivide two lots to relocate the driveway to 410 North Fourth Street. The Planning Commission felt the request improved area site planning and had no negative impacts to the neighborhood. The request does not effect lot size requirements. Recommendation: Approval (resolution) Attachment: Minutes and staff report of CPC 6-8-98. , . Planning Commission June 8, 1998 . Vem Stefan asked about allowing the size of the 3-D graphic and whether it might not set a precedent. Mr, Wald asked how far the mural would extend on the south elevation. Mr, Balay said it would extend to an existing window on that elevation, about 25 feet. Mr. Weidner, seconded by Mr. Wald, moved approval as conditioned, with any modifications/final design to be reviewed by the Heritage Preservation Commission; motion passed unanimously. Case No, V/98-33 A variance to the front yard setback (30 feet required, 24 feet requested) for the extension of the roof line with a porch at 1116 Nightingale Blvd. in the RA, Single Family Residential District. Larry and Lonnice Thompson, applicants. Mr. and Mrs. Thompson were present. Mr. Thompson explained that the request was due to a severe hardship caused by water leakage/ice build up, The only way to correct the problem, he said, is to have a secondary pitch to the roof in order to have enough space to add new insulation, Mrs, Bealka, seconded by Mr. Zoller, moved approval as conditioned. Members noted there was a demonstrated hardship in granting the variance, and the variance, four feet rather than six feet as indi1cated in the agenda packet, would not be obtrusive to the neighborhood. Mr. Roetman . suggested adding a condition that all drainage remain on site; Mrs. Bealka and Mr. Zoller accepted that amendment to the motion. Amended motion passed unanimously. Case No. SUB/98-34 A resubdivision request to change driveways/lot lines at 410 N. Fourth St. and 208 W, Linden St. in the RB, Two Family Residential District. Jill Greenhalgh and Rolf Dittman, applicants. Ms, Greenhalgh was present. She explained that the property at 410 N. Fourth St. is an unusual L-shaped lot. While the house fronts on North Fourth Street, access is off Linden. The applicants have purchased the house on West Linden. There would be no net change to the square footage of either lots if the request is approved, she said. She provided a list of 10 signatures of neighbors in support of the request Mr. Zoller, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. SUPN /98-35 A special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB, Two Family Residential District. Susan Smith, applicant. Ms. Smith, her husband, Dennis, and daughter, Micki, were present for the discussion. Ms. Smith explained that she started conducting her bookkeeping business from her home in 1989 and did not realize she was out of compliance with city ordinances. She said her husband does all the . 2 ., .' . PLANNING APPLICATION REVIEW FORM CASE NO. SUP/98-34 , Planning Commission Date: June 8, 1998 Project Location: 410 North Fourth Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant Name: Jill Greenhalgh and Rolf Dittmann Type of Application: Resubdivision Project Description: A resubdivision request to change driveway/lot lines. Discussion: The applicant is requesting approval to resubdivide two parcels. Basically there are adding twenty feet to the west side of 208 W. Linden property and subtracting twenty feet of the east side of the lot. . Conditions of Approval: 1. The existing house at 208 W. Linden shall meet setback ordinances. 2. Approval of City Engineer. 3. Legal survey to be recorded. Recommendation: Approval as conditioned. Findings: The subdivision meets the development regulations of the zoning and subdivision ordinances. Attachments: Application form, site drawings CPC Action on 6-8-98: +6-0 approval . , Case No: Date Filed: Fee Paid: Receipt No, : I.. . PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE COMMUt-JITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 _ Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $500 Variance $70/200 _ Comprehensive Plan Amendment* $500 _ Zoning 'Amendment* $300 Subdivision* $100+550/lot . ~ Hesubdivision 5100 Total Fee' , , *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for-the completeness and accuracy of all forms and supporting material submitted in connection with any application. \. ?-E>S W. LIY")~ROPERTY IDENTIFICATION . Address of Pro~t ~ \ aN. L\\3:! ~+ ' Assessor's Parcel No. Zoning District Description of Project :'1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I V'(iII comply with the permi ' it is granted and used," ~ h. '\ OL-F -U -,lTrvYJ\N~LL Property Owner e L~~resentative Maili~g Address 4\ C . N . 4- 'l!: ~T Mailing Address Telephone N.rO... <=t~<J ~ \~~ Tele...Phone NO.. Sig"-atu~ ~~ ~ignature . SITE AND PROJECT DESCRIPTION Feet . Total building floor Area - -sq, ft. Existing sq, ft, Proposed sq~ ft. Paved Impervious Area sq. ft. Number of off street parking spaces provided . Lot Size (dimensions) x Land Area Height of Buildings: Stories Principal Accessory Revised 5/22/97 .' \:a- ,so ,~r'~' \..... ~ \50 ~1S(QI1 s.... .' , 2 llN:X)LNSQUi.\RE .' ..... '.. .// .' ~ \.~ \i i~/ ~...-, -\~~~......... ... ;1.' ,&. :....... .,i'l \...--" .......\iD~1- .. ,f/l '~" S\;1. ~~\...-. ...... ", \\5 ,Q'l. - \ \SfI/ttJ \~ ... i~.\ .......\~ ....'..S. ,.,.. \$ 'Z ',' 9>'\. ~\ --,f,O"" \S .. 'I.~.,.. ~s"\: lli 1j. \5' \'".., \........-...~~ ,. ,ill ..... 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Iil, ....$ 21 7 19 P8laldata__tluaugh:A,rI30,1181 '---'- .....,. ~ \ ~ . -'. ~~-~.-._".-..."._-----~'--.__.,," . \ .....---... . _\...: Z. 00 ..... .."._-...___"..'_-.'.____.__.~. . -------.....- - ..,--,.-~-- ------.~-.~-".,-~,._"~-,-------.~'"'~~.,'".....,,......._'_... -......... "~"-....-..,---- {-------------------- ------jl> , in1 b: ,- tJI IO _I , -' l~ z: !~. ......\ j I" 1~t1 !1~ .,.,. I - {oJ l "2 1~~ ! ~ 1 I ~-...... '2.0.' 2..0 B \;\,} . , L \ yo.., C\e. \"'\ ~-+, L ~ -. .. .-,.....r.. '- ..'.... " -....--..--.-. .... ...._,--~.... -.' ." ~--.-.' "- '."~. -. -.- 'lS" I -~_...--_.... ell' N -t. o .... Co t1 If. <" 'A):! <- ~'c.. , \>1G" ~i l ;?:. :J ....C {l'\ z:. ~-L\NbEN . e --410 ~. 'S-r; ---, _.,-. ~"~..., ',-. .~ .- J~ 11+\ , , .--.--. ..~.'""'.."~--=:s.~.~.~/'I"':'l"'"~~~~~.....~.:";~~":":._ -S;T~ "'~'~ 4c 2 ~J I /\n_~. .- \' ::5\ -- ~~':~;~-::::'~~:"~~;;;;':'.).:~~I:rt~;"';;'J" ,.-., ... . V\<D~O'St. b- - "-60' k) b~~ Q)1:0 r- fI'\ If. -!.~Ii\ Zt .,,:;1 '() ~ tf' t. '2..08 W. '1 L \ h c\.e y... ~4-. }}j. f I r I --'0 t/'g )0 1'J-'5 ,./0- O<1J'l ~{"'\ ~Z.t7 )~ 'i; ,.., ," 'r tP ,.:.t -4\D N. L\11+ sr. L\Oz.. Nl ~'~ "St'. "'--,----.............------.,.,:.;..... . .-1 j;;- , f.=' ...~~~~;. ...~.__=_.,.,_:.=__=::.~...:.~::::~~...\..-.- -;...............~~..,;-.. '.>.:.!,~'....Yl'_..;.,; ,~.-.:._~~~..<Cf"~......~~:.I"'__, ZO' L\NbEN $\ e - r-( '-D j) ,i .r V, -\ 1 - l\) \!) .J. GRE:E:~\4.~.~.G~ * . . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF STILL WATER CHANGING THE STILL WATER CITY CODE BY CLARIFYING THE REQUIREMENTS FOR THE CR COTTAGE RESIDENTIAL DISTRICT I i TNE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: I I 1.1 Amending, The Stillwater City Code is amended as follows: I I ~ i 1-1, Subd. II.d. CR Cottage Residential District, section 1, subpart a is changed to hereafter read as follows: I I I I "al. Dwelling houses each occupied by not more than one (1) family and a garage no latger then two (2) stalls wide." I ~j 1-1, Subd, II.d, CR Cottage Residential District, subpart 4a, subsection a, paragraph 9 is changea to read as follows: I I "~. Driveway width maximum 12 feet at the street right of way" I I a~d the first clause of footnote 1 is changed to read as follows: I i F60tnote 1. A minimum of25 percent of lots must have garages completely recessed (riIore than 6 feet from the front of a building or porch), I I 2.1 Savings. In all other ways the City Code shall remain in full force and effect. 3./ Effective Date. This Ordinance will be in full force and effect from and after its passage apd publication according to law. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk . . . ; ~: z ~i:i~:'t::~1:~'~U~OH LAW:"iii~:;TcEl iE::Tf3S 6 12 4~ 9' 564 J MAGNUSON LAw' ,FIRM LlCE1'4IED IN ~IJNN:UOTAAND W1SCQNS1,... TH' C.S(:H OrPIC! BUILDING . . . J" NOllTM MAIN S1'llBEJ'. sum ~m' P.O. .~'IN <!SlI .5-rlU._TIlIl. !wiN 'SOl\? 'l'8.IPHO"1; \6l2) ~39-~' TI!1.2CQI'I~Il.: i'61~) 43~~6ol'1 D.,,\'lD T.l\>IAGNlJSON PJ('~RD D. ALLEN MEMORJ\NDQM TO: Mayot and City Council.. Tun Old. Chai~ ~fth~ Stillwat~r City Charter Commission, and Nile Kriese4 Stin~er City ~OOrdi.o4tol:',: . ". v David T. Magnuson, Stillwater City Attorney ~ June 18, 1998 FROM: DATE: SUBJECT; Ordinance Amending the Stillwater City'Cha,rter On Monday, the IS'" of June, 1998, the Charter Commission met with. CO,~ei1man Zoller and Thole in a workshop intended 10 iron the vvrinkles out ofthcpioPosedo.r4in~ce aclding an ethics section to the City Charter. The euelO$cd draft is tbe,r~1i oitha! workS~and, hopefully, will be acceptable to the Couocil. Tim Old has reviewed,'the draft. for the C~t'ComJriission and finds it aoeeptable. I will briefly summarize the c:hanacs for your ease iit: going through the document. ' ". - . ' First of all, Section 7.09 is ~~ged $iDee thisv~ ftoin the s_ statute on the sahie subject. " '..., ," Section 7.10 was changed to elimin,te public employees ftO~ the- P~l'l:S '~ffei;ted by this section. Also, 7.10(a) was changed to pJ'ovide adefuiitio~ Qfplo~bitcd.~~uct ~e section now provides that the officer "may not voluntarily have '8 privl,tcdinartci8l iiuetestclearJ)' separate of that of the general public". This languaae is '&o1,D. the Nation-a! ie8g\le of Cities model charter and is also close to the definition given by ~es9ta case'.law'on the subject of confli<:ts in zoning cases. . Section 7.l0(e) was changed to provide that the City CounCil mU3,t .pt,an ordinance to administer and enforce the conflict section and it retXlQvesthe oblisation ~\~ablish In Ethics Board. This option, of course, would still be open to the City CO\1n~il if iliCy':~hose this method of enforcement . : ~'.;,":!~f~i:"j\'. :. p';e2 S!J2;~# dJJ":(rrt~w~~~=\:,,;{f\'!ii~~~~~~,~~i~t~ ON : .MS'~".;~.ui'c.fiYTEC;fs::-~:'~{ LAW OFFICE . . ,- . . 61243'5641 f&wg{(~1:;P - . p~e3 Pase 2 June 18, 1998 . The proposed charter amendment doc:!!l contain minimQrn standards for ~.enforceJnent and administration ordinance and these standards ~ ~ntained'o~ pqe 2.., ht~ecti~ 7:10(c){l). we provide that the City Attorney may issue adviscuy opinioQ$ ,lito in~rcstcd putics:who wish to use the opinion to guide their own. condw;tll. This lang~e is from Ute s~te la~ c~ the Minnesota EthiQl Board and limits the application to, one who' ~ ~ Use.tho Qpinion themselves rather than allowing the genefaJ. publi~ to ~ {or adwory ~p.imons. , Section 3 requires the City Attorney to conduct an inquiry and tepOrt,~~' ~ to the City Council within thirty (30) days of receivinS, a complaint. Paragt!aph 3 ,aUtborlzes the City Attorney to hire independent counsel in the'event it is'4eemec1~cssary:' rhis p~sion would allow the City Attorney to have some control over '~ 'scope Qf ~vitles, of independent counsel in terms of authority and budget. . , Se~tions 4 and 6 remain the same as the earlier draft. While the Ordinance appears to grant a great deal otauthority to the oifice of tbeCjty Attorney, it is close to the authority that now exists, witho\lt,the- Ofdhiance. ."I'be UnP'1'()v.el11.~tlt, of course, is 'that the authority is given to offer advisory opinioO$ and 'that t1W CitY. ~#o~~ ~~d,l?e' .' , obligated to inquire with regard to violations and obliiaicdtoreport the 6~nga ~theC~ Council within thirty (30) days. Further, the riShtto hire independcni ~.-.eJ in the event of a . conf}i<Ot is merely a mtemcnt of the implied a:utbority that 1'1OW'exUts.. , " " . .' -' ,.,..--, I would be glad to talk to any of you with'regard to eoncenu. It,seema,tQ'mto.;thatweha~a-/ prodUct hei-e now that We all can live with and bop~fUllY'.will haW. the.~~ 'of ihe"cOUi,.cii. DTM/ds Enclosure . . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CHARTER The City Council of the City of Stillwater does ordain: 1, The City Charter of the City of Stillwater is hereby amended by adopting new ~7.09, ~7,10 and ~7,11 that will read as follows: 1/7.09 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 may not voluntarily have a personal fInancial interest in that sale, 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, interests in permits, licenses or zoning; penalty. . a) Any public officer who is authorized in their offi~i~p~pacity to take part in any manner in making any permit, lic~nse, 9r.zoI1inggeC!~iop.Illaynotyoluntarily have a p1'ivate~lIlancialinterestc1e~ly separateJf()JIi.fu~f9fthege#eIa1publi,c in '. that penirit, license or zorrlng.detislon or pers~ruJly-~~.n~fii 'therefrO,~?fThe ';":;';". " existence of a private fInancial interest or benefIt clearly separate from that of the I " ' . general public is, in all instances, a conflict of interest.- . b) Except as otherwise provided by law, every public officer must fully disclose all material information pertaining to potential conflicts 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 ~7.1O, must establish by Ordinance a procedure to administer and enforce the conflict of : interest and fInancial disclosure provisions of the Charter. The Ordinance must, at. a minimum, include the following provisions: . 1 ., ',-'11 "(".". . '." - ",' , ,'.':-" "'?f: . , ,. . ".' ......--.'- ' a)"PublicO~~er" means an 'executive or . admiriistrative officer~t ~e' City of Stilhvater or ~Y subdivision, agency or commissionthereof, whether' eleCted, ~ ,':.f,:.,,:..." '_",c. .>',:--<".-., _' - .'.,.....:,. ,.""..J '-'. .-" . .' ,. - -I. " ". .' .. app~ll:i!~~,~r,~~eMi'~c~i~~si~ted. .,. . ~ '. .' . ~. "';", "::~;-';"""'-"";'-';~>:~';;,: '.>' '. '. .':. ':~.:-: .'~,-._.....,-. :. '~:'-5,'.. " ,.,.,. ; < ,- -:~., .. .'~.>.:,y..{" ',.',T'-j< ., . .7.11 Definitions. 1) Insofar as permissible under State law, the City Attorney must have the authority to issue, upon request of any interested party who wishes to use the opinion to guide their own conduct, binding advisory opinions concerning ethical and financial disclosure matters. 2) That a complainant alleging a violation of ~7.09 or ~7.10 may be made to the City Attorney by any citizen of Stillwater or other interested party. A public officer or public employee who becomes aware of a violation of these sections must report the violation to the City Attorney. 3) That the City Attorney must conduct an inquiry of the alleged violation andreport the findings to the City Council at a public meeting within thirty (30) days of receiving a complaint. . That the City Attorney be authorized to hire independent counsel in the event it is deemed necessary. . . 3) 4) . .'" . .That a fuldmgthat a ptiblici()fficer has knowingly violated ~7.09 or .~ 7 .10is ;groundSfor'reino~a1~8Il16ffic(;." '.. ','. "'-".':, "''',,: 6) That any permit, license orz()niIlg'decisiori'pro~u1g'ated or issued .',..,...., ',0'.:',. ;'." :' :" "':' -.,,:,,';'_ _ .." )'" . ",..:",-' ,,' " ,,>;".',"':- ,P;"<l."":;'''' ","_;', '.':.- '" .' i..in which an interested publiC'officer participated in'Violation of . ]:!*~i~li~~~i~~~'~~~di~lP' ":.: .:j.iiii~l~:;:;';li;:i!,,!',~,., ,b) "Public Empl<>yee"l'l1eans a personempl6yed or acting for the City'of . , '''-'''>'''''~':'::''.'.,(F,.,.~:...",~~ ,1.-- .,....?'- ';:"---_"" _.: .'-- ~"-,: ,_-_, " Stillwater ora:nysu~division/agency or commissi?nthere?f for the purpose of exerCisingthe~respectiye'powers and performiIigtherr respective duties, and who is not a public officer: ' ".' 2 " . ~, . Enacted by unanimous vote of the City Council this _ day of 1998. CITY OF STILL WATER Jay L. Kimble, Its Mayor ATTEST: Modi Weldon, Its Clerk .. 3 . . . . VALLEY CO-OP, INC. 215 N. WILLIAM STREET STILLWATER MN 55082 store (612) 439 - 0366 / fax (612) 439-9389 A COOPERATIVE NATURAL FOODS MARKET SINCE 1978 June 25, 1998 To: Mayor Kimble and the City Council This year Valley Co-op celebrates its 20th Anniversary! In order to say THANK YOU to the members, customers, and neighbors of the co-op who have supported us over the years, we would like to have a day of special events in our parking lot. These events will also serve to generate interest and capital for our relocation project. The "Big Tomato Fesf' will last from Noon until 6pm on Saturday, August 22nd and could include such activities as: a tomato recipe contest, veggie art contest, food and sample tables, tomato relay races, and live music, The music will be tasteful and use only minimal amplification. The greatest inconvenience I see for our neighbors will be. that our parking lot will be closed and parking would be diverted to the streets, We already have the support of some of our neighbors and the entire neighborhood will be heartily invited to attend, As per the request of Sue Fitzgerald, we are asking the Mayor and City Council to approve this celebration in our parking lot. Please let us know at your earliest convenience so that we may move ahead with our planning, We would like this to become an annual event for our store, at our current and future location, and understand that year-by-year approval might be necessary . Thank you for your consideration and please join us on August 22nd! In cooperation, Lynn K. atricia General Manager , > c \ ""',,' 226 East Myrtle Street, Stillwater,MN55082 .... 612-430~0395+ FAX 612-351-9019 .' . ~-~ LMC . L-g- of MinntlSOM Cities CititlS promoting _lle"Cfil . . 145 University Avenue West, 5t, Paul, MN 55103-2044 phone: (612) 281-1200 · (800) 925-1122 Fax: (612) 281-1299 · TDD (612) 281.1290 July 6, 1998 TO: Mayors, Managers, Administrators, Clerks - NLC Direct Member Cities FROM: James F. Miller, Executive Director SUBJECT: National League of Cities (NLC) Congress of Cities, December 1-5, 1998 ~ Kansas City, Missouri Registration - Complete Immediately A brochure outlining the conference program and registration information for the 1998 NLC Congress of Cities is enclosed. It is extremely important that hotel reservations be made as soon as possible. The earlier your city returns registration forms and requests for hotel accommodations, the more likely you will receive your first choice. Please note that LMC has reserved 50 rooms at the Doubletree Hotel for Minnesota delegates. To stay there, write "Minnesota Bloc" on your hotel selection form and designate it as your first choice. The reservation deadline for the "Minnesota Bloc" is August 7. Of course, you may select any hotel if you do not wish to stay with the Minnesota delegation. A final word about hotels; those near the Country Club Plaza, while less convenient to the Convention Center, may nevertheless be attractive. This is a top tourist attraction with 180 retail establishments. It is especially popular at that time of year because of holiday lights, Conference Program Highlights As in previous years, there are several pre-conference training seminars listed in the brochure. These do provide worthwhile opportunities for city officials to get additional training and leadership skills, Most do involve separate registration and costs, Also, please note that we will have a breakfast hosted by LMC on Thursday, December 3, 7:30 - 9:00 a,m. More information about the site, program and cost will be forthcoming, If the League can be of any assistance to you, please contact us. Ene. ~!!!f. ~ Vl-C- ~~:<.t AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER . . . .. ,., ~ . CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING POSSIBLE ESTABLISHMENT OF A CENTRAL BUSINESS DISTRICT ZONE IF , The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, July 16, 1998 at 7:00 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss the possible establishment of a Central Business District Zone. All who wish to comment are asked to attend and be heard. Date: June 30, 1998 BY ORDER OF THE CITY COUNCIL ~. r. -=::=::j~~ ~ '<"'~'-"~: Thomas M. Melena City Administrator '. FYI Modi Weldon City of Stillwater 216 N. 4th Street Stillwater, Minnesota 55082 .~ --------------- Dear Modi, The downtown businesses would like to hold sidewalk sales on July 24 & 25, They will keep their merchandise out of the pedestrian pathways and will maintain normal business hours, We would appreciate it if you would include this information in your information packet for City Council. You should also be getting Event Worksheets from Lori Feia for the Territorial Convention Celebration on August 26 and for an event up on the hill for the Curve Crest Celebration. Talk to you soon, . ~ /; i2(CiE:ll~JED I n I 0 7 1998 S~::::Lt City of Stillwater Chamber of Commerce --."-~--- ----- -- - . PO, BOX 516, STILLWATER, MN 55082 PHONE: 612-439-4001. FAX: 612-439-4513' E-MAIL: CHAMBER@STLLWTR.COM'WEBSlTE: HTIP://WWWSTLLWTR.COM/CHAMBER , Stillwater Township July 9, 1998 . Chair: Hicks 7:30 p.m. Regular Meeting Aeenda: Adopt MiDU~; Approve Minutes June 25, 1998 Treasurer: 1, Claims & Checks Attomev: 1. Update Socha Situation 2. Update Stonehenge Situation 3, Update Bello Deed Planner; Eomneer: 1. Road Maintenance Bids Public Works: 1. Road Policies . 2. Equipment Report Clerk: 1. Miscellaneous Committees: Peoole - 8:30 PM: Old Business: }, McMillan Kennel Pennit New B~~iness: Note: Joint Board Meeting - July 22,1998. Not sure whether David Johnson wtll be present. CLAIMS PLEASE . 7/4/98 Pat Bantli :, WASHINGTON COUNTY Dennis C, Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 COUNTY BOARD AGENDA JULY 7,1998,2:15 P.M. Myra Peterson District 4 Vacant District 5 1. 4:30 2. 4:45 3, 4:45 4. 4:50 5. 5:00 6. 5:30 7. 8, 5:45 5:55 9, . 10. 11. 6:15 Washington County Regional Rail Authority Convenes A. Roll Call B. Approval of the RRA Meeting Minutes of August 26, 1997 & September 23, 1997 C. Policy on Permits for Rail Corridor Crossings Washington County Board of Commissioners Convenes Roll Call Consent Calendar Accounting Department - 1. Devine, Controller 1997 Comprehensive Accounting Financial Report Court Services Department - R. Reetz, Director Contract with Dakota County for Secure Juvenile Detention Beds Services Public Hearing - Public Works Department - D. Wisniewski, Director Transfer of County State Aid Municipal Funds to County State Aid Regular Account Public Health and Environment Department - M. McGlothlin Decision on Amendment to the Youth Access to Tobacco Ordinance General Administration - J. Schug, County Administrator 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 17lis period of time s/Ia/l 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 scheduledfor a fllture board meeting, Board Correspondence Adjourn , ***METING NOTICES LISTED ON BACK*** 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 439-3220) EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER W ASHlNGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR ** JULY 7,1998 , The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM . Administration A. Approval of the June 16 and 23,1998 Board meeting minutes. B. Approval of projects recommended by the Departmenl Head group from the 1997 budget savings pool in lhe amount of $201,800, Auditor- Treasurer C. Approval of abatemenl applications for homestead classification. Community Services O. Approval 10 accepl revised CY 1998 Children's Mental Health awards which lotal $380,048. E. Approval to amend the 1998 contract with Human Services for the Children's MenIal Hell/th Collaboralive to rcOect new allocations, update interagency agreement signature page, and add work plan. and program budgets. F. Approval of the 1998 contract to establish Family Service SI. Croix as an in-home therapy provider, G. Approval of County Certifiealion of Community Services Case #2402 to provide adult foster care services to a related person. H. Approval of agreement with the Minnesota Department of Economic Security to modify the MN Youth Program Granl #7166421 to receive an increase of $79,03 I for PY 1998. L Approval of agreement with the Minnesota Department of Economic SecuritylWorkforce Preparalion Branch 10 operale Ihe Senior Community Service Employment Program for PY 1998 (July 1, 1998 - June 30, 1999). Court Services J, Approval for continuation oflCSIISR with the Minnesota Department of Corrections from July I, 1998 to June 30, 1999, K. Approval of grant with the Minnesota Department of Corrections for Continuum of Care Grant Program FY 1999. L. Approval to continue grnnt with the Minnesota Department of Corrections for Juvenile Restitution Program from July I, 1998 to June 30, 1999, M. Approval of victim/offender mediation grant for FY 99. Human Resources N, Approval to create a new band and grade ofC4-5 in the Decision Band Job Evaluation System. 0, Approval of revised Section 5 (Compensation) of the County Personnel Rules and Regulations. Public Health p, Approval of resolution, authorizing the County Board Chair and County Administrator to execute and sign the Board of Water and Soil Resources 1999 Challenge Grant Agreement to fund a portion of the MAGW A Children's Water Festival. . Q, Approval of resolution, authorizing the County Board Chair and County Administrator to execute and sign the Board of Water and Soil Resources 1999 Feedlot Challenge Grant Agreement for the Washington County Sinkhole Study, R, Approval to execute an agreement with the City of Lake Elmo and authorize payment for distn"bution of curbside recycling funds in the amount of $42,324. S, Approval to execute an agreement with the City of Birchwood and authorize payment for dislribution of curbside recycling funds in the amount of $35,843, Public Works T Approval of resolution, authorizing the Public Works Director to change the traffic conlJOl at the intersection of Stillwater Boulevard and Granada Avenue in the City of Oak dale to an all-way stop condition, U. Approval of resolution awarding the sale of property previously known as the Forest Lake License Center, in Forest Lake, to Dr, Mark Kari in the amount of S134,000 contingent upon the completion of a quit claim deed as approved by the Counly Attorney's Office. . V, Approval of resolution, Iinal payment to Allied Blacktop Company in the amount of S I ,599 for sealcoating various county roads, W, Approval of supplemental agreement No, 6 with TKDA in the amount of S24,500 for engineering design services on the CSAH 2 improvement west of/-3S. X. Approval for County Administrator and County Board Chairman to execute the trail grooming agreement with the City of Oakdale. Sheri ff Y. Approval to execute an amendment to an agreement with Ramsey County for jail bed renlal space. .Consent Calendar. items are generally defined as items or routine busi~ not requiring discussion? and approved in one votlC. Commissioners may elect to pull a Consene Calendar rtcm(s) (or discussion and/or separate action. .................................................................................. MEETING NOTICES . Dale CommUtee TIme Loutlon July 8 July 9 July 9 July 9 July 9 911 Board Resource Recovery Budget Review Metro TAB Internal Audit Advisory Comminee Minnesota Extension 10:30..m, 12:00 p.m, 12:30 p.m. 3:00 p,m, 7:00 p,m. 2099 University Ave. W, - 51. Paul J 670 Beam Ave. - Maplewood 230 E. S. 51. - Mears Park Centre Washington County Governmenl Center 182S Curve Crest Boulevard - 5ti11waler -I . . . JUL-06-1998 10:23 CITY OF OPH P.01/01 CITY OF . . . OAK 'PARK H:EIGHTS 14168 N. 57th street. Box: 2007, Oak Paik Heights, MN ,55082' Phone: (61Z)439~4439" FAX 439~OS74 CITY COUNCIL, WORK SESSIONI SPECIAL ,CITY COUNCIL MEETING TUESDA Y,JULY7, 1998 . 5:00P;M. AGENDA .. . '. 5:00 Washington County Commission 'Meeting - Discuss Capital. . ImprovemeD{P~olram 6:0.0 Special City .council Meetilag 1. Call to Otder/i\pproyal of Ai~:Qqa . . n. . ~ew Business A. . Electrical inst:a:IJation of emergency generator (1) B. A~niati(: transfer switeh(2) . .' c. phone' system improvemenis to inClude unintemiptable service (3) D.. qvU defenSe'.srren . (4) . . 111. . Acljoumment 6:25 . , Reconv.ene Council Work SessioD , , . 6:30 1. Disc~iQn'abo1Jt City's and Washingtop Cowity's elP 7 :30 2. Discussion .of a' Conununity Development Director position 7;50 3. . .Piscussion of water connectiop fees C~AC charges} 8:35 4. Discussion of meeting date. changes 9:00 pm, Adjournment Tre~'CityU.S,A.. TOTAL P.01 . . c~ C '-tr)c'/'! AGENDA ITEM 4A 7/7/98 Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees I Minutes for 2 ~une 1998 Members: Gorski, Hickey, Lockyear*, Maybanks, McFayden, Myers, Nelson & Ruch Director] Bertalmio Ass't Director] Blocher *absent 1, Call to Order: at 7:06 pm by President Ruch. 2, Adoption of the Agenda: moved by Hickey/second Meyers. 3, Communications: The Suggestion Box Requests> Coffee Shop, Opera on Videotape!, how about jobs for Young People?, and many, many compliments, 4, Consent Calendar: Meyer moved/second McFayden, including payment of bills totaling $20,024.08. 5, Board Vacancy: Lockyear & Maybanks will comp(ise the sub-committee to interview applicants and report back to board. 6, Policy Review: Action deferred to August, For the July meeting board will receive details for evaluation. 7. Long Range Staffing Plan: The Board agrees that these intial numbers work with the expectations outlined by the Long Range Plan. Board voted to accept plan, with numbers to be integrated into the Long Range Plan in July. Meyers moved/second Hickey. 8. 1999 Budget: Bertalmio provided an impressive breakdown of initial conforming with the City's budget format, The Board discussed the idea of ongoing-rolling budgets. The Board also discussed the presentation of these numbers, Importantly, the Board asked Bertalmio to request a copy of the Library audit for examination. The Board also expressed interest about an actual presentation of the audit in the future, 9, Committee & Task Force Reports: Facilities/ Hickey recommended combining Kelly & Smiths work into a single consultancy, Bertalmio was asked to query Steve Russel as to the timetable for the parking study, School Relations/ the Profile of Learning breakfast was discussed, and the Library's concern regarding potential abuse of the St. Croix collection was brought up. Board Ed,/ McFayden has received all book interviews. Board is readying for the June 20 workshop, Alt. Funding/ Interviews with Debbie Sales Maysack continue, The stunner was the City Attorney's letter saying that due to a recent change in State law, a public institution could have no relationship whatsoever with a fund raising entity, Bertalmio and Ruch will look into this further as it presents a dilemma regarding Library foundation and supporter plans ETC, / Katie O'Brien, reporter for the Gazette, requested the Board use name placards for identification at meetings, This point was well received by the Board. Also, she noted that a round table in the Rivers room would help meeting chemistry for groups using the library, Bertalmio will look into it, . meeting adjourned I 8:45 pm. .:y -., ." 'f . MAGNUSON LAW FIRM F'ff LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH. MAIN STREET' SUITE #202, P,O, Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464' TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Nile Kriesel, Stillwater City Coordinator David T. Magnuson, Stillwater City Attorney ~V DATE: June 17,1998 FROM: SUBJECT: Neal Meadows Resolution . Enclosed is the Resolution of the Minnesota Municipal Board that provides that Neal Meadows became part of the City on June 4, 1998. Please call me with any questions, . DTM/ds Enclosure ;~ JUN 17 1993 OA438-2 Stillwater Resolution No. 98-110 . BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Paul B. Double Andrew D. Hultgren Chair VICe Chair IN THE MATTER OF THE ORDERLY ANNEXATION ) AGREEMENT BElWEEN THE CITY OF STILLWATER ) AND THE TOWN OF STILLWATER PURSUANT TO ) MINNESOTA STATUTES 414 ) ORDER WHEREAS, a joint resolution for orderly annexation was adopted by the City of Stillwater and the Town of Stillwater, and WHEREAS, a resolution was received from the City of Stillwater indicating their desire that . certain property be annexed to the City of Stillwater pursuant to M.S. 414.0325, Subd. 1; and WHEREAS, M.S. 414.0325 states that in certain circumstances the Minnesota Municipal Board may review and comment, but shall within 30 days order the annexation of land pursuant to said subdivision; and WHEREAS, on June 4, 1998, the Minnesota Municipal Board has reviewed and accepted the resolution for orderly annexation; IT IS HEREBY ORDERED: That the following desaibed property is hereby annexed to the City of Stillwater, Minnesota, the same as if it had originally been made a part thereof: Outlot "An and Outlof'C", Neal Meadows, according to the plat thereof now on file . . . . ~ -2- in the office of the County Recorder for the County of Washington, State of Minnesota. " IT IS FURTHER ORDERED: That the effective date of this order is June 4, 1998. Dated this 11th day of June, 1998. MINNESOTA MUNICIPAL BOARD Suite 225 Bandana Square 1021 Bandana Boulevard East St Paul, MN 55108 Patricia D. Lundy Assistant Director . , JUN-19-1998 16:44 7:00 1. 7:05 11. 7:15 In. 7:20 V. CITY OF OPH P.02/03 CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 23,1998 . 7:00 P.M. AGENDA Call To Order/Approval of A~enda Department/Council Liai!;on Reports A. Parks B. Cable C. Water Management Organizations D. Recycling Award (1) E. Oak Park Heights Business Association F. Planning Commission Visitors Carol Brekke-Olsen - Donation to City Parks This is an opportunity for the public to address the Council with questions or concerns on issues not part of the agenda. (Please limit comments to 3 minutes in length) Consent Aienda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes - June 9,1998 (2) C. Approve purchase offumiture for police squad room at a cost of$5,282.87 (3) D. Approve purchase of emergency cogenerator (4) E. Approval of phone contract from US West (5) F. Resignation of Parks Commission Chair Mike Dahlquist effective July I, 1998 (6) G, Appointment of City Administrator as City representative to Coalition of Utility Cities group H. Approval of ceiling tile replacement at City Hall (7) . 7:30 VI. Public Hearin~s A. Special Assessment Public Hearing for improvements to 58th Street North from Norell Avenue North to Oakgreen Avenue North (8) B. Special Assessment Public Hearing for improvements to Kern Center (9) C. Public Hearing to discuss the establishment of a Central Business District and a BW-BusinesslWarehouse zoning district (10) D. Set a public hearing for July 14, 1998 Council meeting to discuss request for a PUD Amendment to the Oak Park Ponds Shopping Center for adjusunent of a bOWldary line (11) . /~ . . . JUN-19-1998 16:44 P.03/03 CITY OF OPH Oak Park Heights Agenda - 2 8:00 VII. Economic DevdQpment Authority A. Loan from the City of Oak Park Heights to the Economic Development Authority in the amount of $250,000 at BO./o interest B. Possible purchase ofland and building C. Discussion of possible recreation center 8:15 VII New Business 8 :20 VIll. Old Busirl$:;~ A. Proposal for traffic analysis (12) B. Equipment requirements for water systems repair and purchase of phones for City parks (13) 8;30 IX. kljoumment: Social gathering at Applebee's restaurant after adjournment of Council meeting, TOTAL P.03 4. 5. 6, 7. 8. 9. 10. 10:00 II. 10:00 to 10:45 I. 2, 3. 9:00 9:00 WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson . District 3 Myra Peterson District 4 9:10 9:15 9:30 9:45 JUNE 23, 1998, 9:00 A.M. Roll Call Vacant District 5 Consent Calendar Law Library - The Honorable Judge Thomas Armstrong Law Library's 1997 Annual Report Community Services Department - D. Papin, Director' Contracts to Build Community Capacity for the W elfare-to- Work Initiative Public Health & Environment Department - M, McGlothlin, Director Update on Foodborne illness Outbreak Week of June 8, 1998 General Administration - J. Schug, County Administrator A. Local Water Resources Protection & Management Program Challenge Grant B. Professional Planning Services to Complete Water Governance Study Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda, The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes, Commissioner Reports - Comments - Questions This period of time sholl be used by the Commissioners to repon 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 Adjourn Board Workshop with Soiland Water Conservation District Review of Soil and Water Conservation District Programs *********************************************************** REMINDER: NO BOARD MEETING JUNE 30,1998 - 5TH TUESDAY Date June 22 June 23 June 23 June 24 June 24 June 25 June 25 June 30 July 1 July 1 MEETING NOTICES Committee Time Location Libran: Board Law LIbrary Luncheon Planning Aavisory Commission Mosquito Controf Commission Reg. 'Solid Waste Mgmt. Coordinating Board Community Correctlons Advisory Commission Metro TAB Dakota County Juvenile Service Center Open House Reg. LRT Joint Powers Board Plat Commission 6:30 p,m. 12:00 p.m. 7:00 p,m. 9:00 a.m. t 0:30 a.m, 7:30 a.m, 12:30 p.m. 2:30 p.m. 8:30 a,m. 9:30 a.m, Oak dale Library Washington County Government Center Washington County Government Center 2099 University Ave. W. - St. Paul 2099 University Ave. W, - St. Paul Washington Coun!)' Government Center 230 E, 5'" Street - Mears Park Centre 1600 Highway 55 - Hastings Hennepin County Government Center Washillgton 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 439-3220) EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 23, 1998 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval ofthe June 9, 1998 Board meeting minutes. B. Approval of resolution approving basic sale price of $800 on parcel 15.027.21.23.0086, classify as non conservation and authorize Auditor- Treasurer to offer tax forfeit parcel to adjoining owners at a private sale. Auditor- Treasurer's Office Community Services C. Approval of temporary on sale liquor license for North Star Gay Rodeo Association on July 10, 11, and 12, 1998. D. Approval of agreement covering the PY98-016 Local Plan for Employment & Training JTP A Programs &'EDW AA Substate Plan with the MN Department of Economic Security Workforce Preparation Branch. Court Services E. Approval of supplement to Juvenile Restitution grant program for FY98. F. Approval to submit a $6,670 grant application to the Minnesota Department of Health Breast and Cervical Cancer Control Program for the period of September 1, 1998 through August 31, 1999. Public Health .lic Works G. Approval of resolution for highway traffic signs to Newman Signs, Inc., the lowest responsible bidder, in the amount of $94,593.94, conditioned upon the execution ofa contract as approved by law. H. Approval of amendments to renew road maintenance agreements with the following nine county cities and towns: Afton, Hugo, Lakeland, Lakeland Shores, St. Mary's Point, Lake St. Croix Beach, Grant, West Lakeland and Grey Cloud Island. ~onsent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in we vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Stillwater Township June 25, 1998 Chair: Hicks . 7:30 p.m. Regular Meeting A2enda: Adopt MiDutes: Approve Minutes June 11, 1998 Treasurer: 1. Report 2. Claims & Checks Attomev: 1. V. Socha Situation Planner: Eneineer: Publie Works: 1. Township Road Equipment 2. Road Policies ~lerk: 1. Elections - Appoint Judges, etc. . 2. Oak WIlt Pay Back Status 3. Insurance Report (Building Inspection) 4. Township Association Meeting 5. AW AIR meeting Committees: Peonle - 8:30 p~: 1, Peace Officer 2. . Matt Robey Old Business: New Business; Note: 1. David Johnson will not be present. 2. As of June 4, 1998, outlots A + C of Neal Meadows have been annexed to the City of Stillwater, . June 21, 1998 Pat Bantli !' WASHINGTON COUNTY OFFICE OF ADMINISTRATION GOVERNMENT CENTER 14900 61ST STREET NORTH. STillWATER. MINNESOTA 55082-0006 612-430-6000 Facsimile Machine 612-430-6017 .FiI James R. Schug County Administrator Virginia Erdahl Deputy Administrator Nile Kriesel Administrator City of Stillwater 21 6 North Fourth Street Stillwater, MN 55082 Tom Melena City Administrator City of Oak Park Heights 14168 57th St. N. Oak Park Heights, MN 55082 /@l~ @ qWE.JFlj I !( I If! Iii i J! P; \ I vL~1 2 2 /998; ii' ;.i ~ i ", i ._, "------------ ------ -- June 17, 1998 -,.._------~-".. SUBJECT: Government Center and Law Enforcement Center Addresses The address of the Washington County Government Center has been 14900 615t Street North for many years. When the south wing of the Government Center was built, the short 6Pt Street on the south side of the government center was eliminated; what had been a street became part of the parking lot. . With the upcoming change in our telephone area code, which will necessitate some level of publicity to inform our citizens, this seemed a good time to change our official address. We made two assumptions: 1) that any change in address should help our customers find us; and 2) that our official address should be legally correct and fit within the official numbering system in Washington County. After consultation with the Surveyor's Office, Public Works and the Sheriff's Office, we believe the following addresses would be proper addresses to our facilities. Government Center Law Enforcement Center 14949 62nd Street North 15015 62nd Street North We believe the changes will greatly improve our ability to provide clear directions to our facilities and they will also provide us with addresses which are accurate and legally correct. We are planning to implement the address changes immediately. If there are any city compliance requirements relating to the County's address changes, please give me a call. We expect to begin publicizing the new address by July 1 . . Sincerely, fJ j J~S~ County Administrator EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION Brown's Creek Watershed District Agenda . Monday June 22, 1998 1, Worksnop MeetIng Call to Order @ 6:30 PM 2. Introauctlon of Meeting FacIlitator from Minnesota DNR -J. Watersnad Resource WorKShOp 4. Adjourn and ClOSing remarks @ 8:30 PM 5, Business meeting Call to Order @ 9:00 PM 6. Approval of minutes from June 8.1998 meeting (Michels) 7, Treasurer's report (Gordon) 8. Review and finalization of proposed rules (Kllberg, Smith) g, Status report and update ra Goggins LCMR project 10, Information re Flood Mitigation grants (Michels) 11. Tabled items from June 8, 1998 meeting 12. New business . 13. Communications 14. Adjournment @ 10:30 PM or earlier Note:Meeting Location Change The Workshop and Meeting will be held at the Washington County Government Center, Room lOO,Stillwater. . . STILLWATER TOWN BOARD MEETING Town Hall June 25, 1998 7:30 P.M. PRESENT: Chairperson Jerry Hicks, Supervisors Sheila-Marie Untiedt, David Francis and Louise Bergeron. Also, Planner Meg McMonigal, Attorney Tom Scott, Peace Officer Steve Nelson and Treasurer Warren Erickson. 1. AGENDA - M/S/P Francis/Untiedt moved to adopt the agenda as amended. (3 ayes) (Louise Bergeron was out of the room at the time of this motion.) 2. MINUTES - M/S/P Uritiedt/Francis moved to approve the 6/11/98 Stillwater Town Board Meeting minutes with the change of wording in the website statement from "accept" to "understand." (4 ayes) 3 . .. 5 . . TREASURER - 1. Monthly report given by Warren Erickson. 2. Claims #2127 thru #2148 and checks #13393 thru #13409 were approved for payment. ATTORNEY - 1. Socha Situation ~ M/S/P Bergeron/Untiedt hold the overtime check for Vic Socha until his received. (4 ayes) 2. Stonehenqe/Stonebridqe Traffic - The attorney will communicate to Mr. Wahlin that if the construction traffic continues from Stonehenge Subdivision through Stonebridge Subdivision building permits will be withheld. 3. Deed Approval - Chris Bello was present to have a deed approved for a lot in the township. The attorney and planner have some further questions before approval can be given. moved that the attorney andthe$2,OOO~OO check release statement is PUBLIC WORKS - 1. Stonebridqe Trail - The county will come up with some traffic calming ideas by next month. The newsletter will relate to residents that the township will retain jurisdiction of stonebridge Tr~il and look into traffic calming to decrease traffic and high speeds. 2. Road Equipment - ,Louise Bergeron reported on the condition of the road equipment and quotes on what it1s all worth. She will do a spread sheet on it Stillwater Town Board Meeting - 6/25/98 Page Two for the next meeting. 3. M/S/P Francis/Untiedt moved to adopt a mowing, grading and snowplowing policy as drawn up by Louise Bergeron. (4 ayes) . 6. PEACE OFFICER REPORT - Talked about the situation at the Outing Lodge and Horses Inc. 7. MATT ROBEY - Matt was present to learn about township government for a test he must pass to become an eagle scout. 8. ELECTION JUDGES - M/S/P Bergeron/Francis moved to approve Elaine Bartholmy, Kathy Schmoeckel, Judy Sommer, Mary Raleigh, Debbie Sinclair, Joyce Larson, Helen Olsen and Anna Robey as judges at the fall primary and general election. (4 ayes) 9. WATSON KENNEL PERMIT - M/S/P Bergeron/Untiedt moved to approve a commercial Kennel permit for Robert Watson at 9928 Stonebridge Trail North, Stillwater Township. (4 ayes) 10. JOINT BOARD MEETING - Date is in dispute. Jerry Hicks asked Meg to have the City of Stillwater send all township supervisors the agenda. 11. ADJOURNMENT - Meeting adjourned at 9:20 p.m. Clerk . Chairperson Approved . . North 62nd Street Planning Area Public Meeting Survey Summary June 11, 1998 FYr Ce- 7-7--fr Responses compiled from 25 responses received by June 18, 1998. Existing and Future Land Uses and Densities: The proposed housing densities have not yet been determined for the North 62nd Street area. There were many comments concerning density and how new development would affect the area. Comments were to keep densities as they are, as 5 and 10 acre lots, particularly near Nightengale Boulevard. People in the area prefer to have single family homes nearby. Also, residents mentioned lot sizes need to be larger to minimize additional storm water runoff. Residents want to keep townhouses and apartments to a minimum and along Highway 5 only, or suggest that no townhouses be constructed in the area. . Relationships of future uses to existing homes and surrounding neighborhoods: The residents had a strong concern that the quality and character of their neighborhoods and homes would be changed in the surrounding area due to the annexation and development. One .way that the character of the area might be changed noted by the residents was extending Nightengale through to Highway 5 or 62nd Street. This would allow more traffic thorough the area. Residents voiced strong concerns that if cars and trucks use Nightengale Blvd., the value of their homes and safety would drop while crime rates and stress to the streets would rise. Keeping Nightengale a dead end street is the best decision in the residents' minds. ... . Storm water Management: When addressing storm water management residents remarked that Market Place needs to manage its storm water properly. They suggest that existing problems should be solved before additional storm water is routed to Long Lake. "Water drainage from Market Place into Long Lake is a huge problem." A few residents thought that storm water should be managed by dredging the lakes and ponds in the area. But most people felt that Market Place should pay the cost to fix the storm water problem because it generates the runoff. Residents suggest that building additional homes in the area will increase the impervious surfaces and increase the quantity of water that cannot be absorbed. Trees in the area might be taken out that now take up water. Some residents feel that additional data should be collected before decisions about runoff and ponding can be made. Other people believe that constructing a wide drainage stream and ponds can solve water problems. Potential for greenway and buffers: The residents of the area want natural areas that buffer them from future development. The consensus was to "maintain as much greenway as possible and keep it as natural as possible. "The more green the better the solution." In addressing a greenway people want to protect the wildlife habitat of the area, such as Brewer's Pond and the existing wetlands. Some suggest there should be no additional trails or parks in the area to disturb the wildlife or the neighborhood, while others believe the trail would be a good addition to the area. Circulation and Utilities Connections, Cars, People, Water and Sewer Services: Residents noted again in this section that Nightengale should stay a local street. Traffic should be kept to a minimum. The homeowners fear the area will be come more congested due to building additional homes and townhouses. In addressing water and sewer topics people feel that the Market Place issue should be cleared up before changes can be made. Also, for circulation concepts the residents believe that the frontage road should be close to the highways so it will not take up too much space. Open Space Areas and Trail Connections: People like having open space around them. That was one of the reasons people moved to the area. Most residents like the idea of having paths and trails to bring the community together and raise the quality of the city. Others believe the space should stay open, natural for the wildlife and untouched by the community, especially near the lake and wetlands. . . Neighborhood Character: Keeping the character residential, low density and rural was noted by most people. The residents are extremely "fearful their community will end up as another Woodbury." . . . . 62nd Street: The resident's have many concerns with the design of 62nd Street. Some people like the idea of dead-ending the street, while others believe it should stay open as it is now. The residents do not want a lot of traffic on nd . 62 . All the residents agree that the character of the street and Long Lake are special and should be preserved. Wetlands, Woodlands, and Topography: . "Any park or green space area should be wildlife-friendly first, and pedestrian-friendly second." The residents have a sense of preservation and keeping the area rural. Old tree cover, animals and natural habitat mean a lot to the people of the community, and some hope the DNR will help to beautify the area. The residents believe that high-density housing will damage the area. North 62nd Street Planning Area Study Public Meeting--June 11, 1998 MEETING SUMMARY . Approximately 100 city residents attended the public meeting. The agenda included presentations on the Comprehensive Plan and project history by Steve Russell, Community Development Director; and a presentation on issues for the planning study by Sherri Buss, Bonestroo & Associates. The majority of the meeting was allocated to residents' questions and comments about the study and its issues. Issues discussed included the following: 1. Existing and Future Land Uses and Densities The existing residents and surrounding neighborhood would like to know and have a voice in shaping the future of the area. Most residents want to keep the large lot zone as it has been in the township. The majority of the people at the meeting wanted to keep a 5 and 10 acre lot the standard. A few would like to hear more about the option for sub-dividing. The residents want to keep the area low-density and rural in character. Steve and Sherri asked the participants what they thought about lot sizes from 8-20 thousand square feet. Steve noted that this planning process will determine density . standards for the area, and the city would like to consider developing the homes in patterns and clusters. Townhouse zoning was also addressed. The residents wanted to know the proposed height of the townhomes, and where they would be built. Steve noted an area near Highway 5 as an area that could be zoned for townhouse development. He suggested that the height of the townhomes would probably not exceed 30'. The residents were concerned that townhouses could create a high-density rental atmosphere and that increased density would change the auto circulation in the area. The third area for future development is along Highway 36. This area will be developed as light industry in a campus setting. To many residents the news of industrial growth was a surprise. One person inquired if there is a funeral home planned for the area. Steve noted that this is likely near Highway 5 and 36, and the area would be a campus setting requiring landscaping and green areas. He also noted the construction of a frontage road along 36 that would allow access to the area. . . The future of 62nd Street was of great concern. Everyone noted the quaint beauty of the road and wanted to preserve its character. Sherri mentioned the possibility of ending the street at a cuI de sac near Long Lake. Most people thought that was a good idea. The residents want to keep the street rural and narrow like it is now. The residents would like to have the property in the area stay at current densities. 2. Traffic and Circulation Circulation was one of the topics of greatest concern at the meeting. More cars and people in the area are concerns to the residents. Many believe that with more development and a higher density the quality of the area will change. Most residents object to more cars and people. . Nearly all of the residents at the meeting felt very strongly that they do not want Nightengale Blvd to be opened up to Highway 5 or 62nd Street along with new development. The residents want to keep the street the way it is presently. They wrote and responded vocally that the street would be costly. to widen and add sidewalks to accommodate a high traffic area, and are concerned that more traffic could decrease the value of their homes. Many people are concerned that crime could become a threat, and the children of the area would not be able to use the street for recreation with traffic speeding by. Residents noted they bought the land in a cuI de sac for the aesthetic value of having less traffic. 3. Utilities Steve mentioned utility construction and sewer services as something the residents could add to their homes as the area is developed. Steve added that the cost would partially come from the city and from the homeowners. The residents felt that the areas' storm water problems should be addressed first and fixed before other issues are addressed. 4. Storm water Management . Storm water management was a subject of intense concern. The residents do not know how the development will affect the area. They reflect on the past and existing storm water problems due to Market Place. Many people believe that these problems could worsen due to a higher density in the area. The residents of the area wish to have Market Place pay for the cost of fixing the present storm water problems, and are fearful that more impervious . surfaces being developed at this time will worsen the problem. The residents do not know what will be the future of the lakes and wetlands if there are more homes and a light industrial campus development. These are also concerns about quality and its effects on Long Lake. Storm water quantity and quality are understandably important issues for this area. Market Place has left the residents with a sense of deteriorating quality in Long Lake. The residents believe the lake and wetlands are affected. One example of this is Brewers Pond, which has no outlet, and the pond is being filled with the runoff from existing development. They would like data that will give them an understanding of how this are will be affected by the new development. Many people are concerned about the quantity and quality of the water from the light industrial area. To insure quality the residents believe that the DNR needs to be a part of managing the lake and wetland. The residents want complete plans indicating all areas the water will go to. One way to help solve the storm water problems, beautify the area and allow development may be construction of a greenway and buffers. Sherri . introduced the idea of having a. greenway and ponding, which would serve as a series of ponds and a stream to move the storm water out of the area. Sherri wanted the residents to understand the benefits to the wildlife and recreational quality of the area by having a greenway. The residents wanted to know how large the greenway would be. Reactions were that if the greenway were large then there would be little space for new lots. Many people wanted the greenway to have a path on one side and leave the other side for the wildlife. Buffers also were thought of as a good concept. The buffers would keep :the area quiet and more natural. Along with buffers residents would enjoy open space areas, wetlands and woodlands, and would like to keep the open space around them. This one of the reasons they moved to the area. The residents feel very strongly about preserving open space and wildlife habitat. Sherri and Steve mentioned potential trails and pathways as a part of the greenway. There were mixed reactions to the idea. Some people did not want to give access to non- residents while others believed the quality of the community would rise by having trails, paths and connections to the area. . . All of issues discussed add up to neighborhood character. The residents believe deeply in their community and do not want the character changed for the worse. They have a quality of life that they do not want disturbed. One person commented that they were fearful that the area was going to become another Woodbury. The residents enjoy Long Lake and the wetland around it. They feel the area is a beautiful, natural place perfect for wildlife habitat and privacy. The residents do not want the area to be exploited or crowded, but do understand that the city is growing and that with growth comes development. They do not want the area they call home to be altered without their knowledge. Study Time Frame June 11 - Public meeting on the issues (An additional meeting suggested with city staff and consultants) August 13 - Public meeting to review alternative concept plans September - Complete plans . Some residents said that the proposed time frame for deciding on the plan was not enough time to allow for their input on the changes to be made in the area. They want another meeting with all the decision-makers involved in the project. Steve will work with the city administrator to discuss this meeting. Sherri will walk around the area on June 25 with many of the. residents to get a feeling for what residents want. Steve noted there would be a range of concept plans that will be drawn up. The range of concepts will help determine the course of action for the area. Parts of concept plans may be used to complete the final plan for development of the area. The final plan will have a public hearing process before the Planning Commission and City Council in the fall before it is adopted and implemented. .