HomeMy WebLinkAbout1998-09-01 CC Packet
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REVISED AGENDA **
CITY OF STILL WATER Ii
CITY COUNCIL MEETING NO. 98-21 '
Council Chambers, 216 North Fourth Street
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September 1, 1998 :1
4:30 P.M.
7:00 P.M.
REGULAR MEETING
RECESSED MEETING
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
STAFF REPORTS
1. 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
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9. Building Official
10. CitY Attorney
11. Ci~ Coordinator
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7:00 P.M. AGENDA
CALL TO-ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - August 18, 1998, Special and Regular Mee~ings
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PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Petition from property owners to maintain McKusick Lake at the pres~nt level
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OPEN FORUM Ii
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
re1garding investigation of the concerns expressed. II
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CONSENT AGENDA *
1. Resolution 98-223 : Directing Payment of Bills
2. Temporary on-sale liquor license for River Valley Arts Council, Sept: 19, 1998, at Cub Food
Corporate Building atrium Ii
3. Resolution 98-224: Relating to financing of certain proposed projects undertaken by the City of
Stillwater establishing compliance with reimbursement bond regulatipns under the Internal Revenue
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4. Resolution 98-225: Setting date for truth in taxation hearing
5. Resolution 98-226: Promotion of Jeff Magler to patrol sergeant
6. Resolution 98-227: Agreement with Midwest Spine Institute for funding of Zamboni resurfacing
machine ii'"
7. U.S. Bench Corp. - Request for license renewal " ~
8. Request for installation of Banner- League of Women Voters, Oct. [9 - Nov. 3,1998
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9. Resolution 98-228: Approving Cooperative Construction No. 77535' Between MN/DOT and the City
of Stillwater for Trunk Highway 36 Park and Ride Lot. I:
10. Resolution 98-229,: Approving Execution of Sub-Gra.J?t Agreementi!with the Minnesota Department
of Public Safety Division of Emergency Management for Federal D~,saster Funding
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City Council Meeting 98-21
September 1, 1998
(consent agenda continued)
11. Resolution 98-230: Declaring Cost to be Assessed, and Ordering Preparation ofProposed.~,
Assessment for 1998 Street Reconstruction (So. 1st Street and Surrounding Areas, Project 9802, L.I.
334).
12. Resolution 98-231: Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment for Curve Crest Boulevard Street Rehabilitation (project 9803, L.I. 335)
13. Resolution 98-232: Calling for Hearing on Proposed Assessment for 1998 Street Reconstruction (So.
1 st Street and Surrounding Areas, Project 9802, L.I. 334)
14. Resolution 98-233: Calling for Hearing on Proposed Assessment for Curve Crest Boulevard Street
Rehabilitation (Project 9803, L.I. 335)
15. Resolution 98-234: Accepting Quotation from Fuhr Trenching for Sanitary Service Installation.
16. Resolution 98-235: Adopting proposed tax levy for the year 1999 .
17. Resolution 98-236: Adopting proposed budget for the year 1999
18. Resolution 98-237: Setting date for Truth in Taxation public hearing for Dec. 1, 1998, at 7 p.m. and
conttnuation, ifneeded,for December 8,1998, at 7 p.m.
PUBLIC HEARINGS
1. Case No. SUB/98-52. This is the day and time for the public hearing to consider a request from
Daniel Kalman for a resubdivision ofNl/2 of Lot 5, Block 42, Carli & Schulenburg's Addition, to
create three lots of 150' x 50' at 301,307 and 309 East Willow Street in the RA, Single Family
Residential District. Notice of the hearing was published in the Stillwater Gazette on August 21, 1998
and notices mailed to affected property owners.
UNFINISHED BUSINESS
1. Municipal License for James and Kay Anderson and Marine Leasing LLP for use of tunnel connecting
Connolly Shoe Building and the West Publishing Building
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NEW BUSINESS
1. Consideration of no-parking on Chillakoot Hill and S. 2nd Street
2. Possible acquisition of tax forfeit land
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
1. Letter from LuAnn Wood regarding the 62nd Street Addition.
2. Letter from Willie Madline regarding the skateboard facility at Northland Park.
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
* * Items in italics are additions to the agenda
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MEMORANDUM
TO:
Mayor and Council
FR:
City Coordinator
RE:
1999 Proposed Budget
DA:
September 1, 1998
Discussion:
In my previous memo I advised. Council that you had two options regarding the 1999
budget. The options were:
1. Adopt proposed budget of $6,477,801 and tax levy of$4,237,385; or
2. Table action on the budget until a future meeting (which would have to take
place prior to September 15th).
However, I should have given you another option and that would be to adopt a proposed
budget that would be equal to the revenues shown on the worksheet entitled "1999
Requested Operating Budget" that was included with the budgetary information in your
packet. The revenues as shown on the worksheet are $6,390,457 and after the adding the
General Fund Capital Outlay of $454,385 to this amount we would have a proposed
budget of $6,814,842.
It would probably be best to take the third option because the revenues are pretty much
set and if the Council were to adopt a budget of $6,477,801 the budget would be
unbalanced with a deficit of about $190,000. Therefore, I am now recommending that the
Council adopt a proposed budget in the amount of $6,814,842 and direct staffto pare the
expenditures to that level prior to actual adoption of the budget in December.
The Council could take the second option and meet again on the budget. However, I
don't think anything will change revenue-wise and it would not make much difference to
do so.
Recommendation:
Council adopt proposed budget ($6,814,842), and tax levy ($4,237,385) and set date for
Truth in Taxation hearings for December 1, 1999 (and December 8th if needed).
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RESOLUTION NO. 98-235
ADOPTING THE PROPOSED TAX LEVY FOR THE YEAR 1999
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of
$4,237,385 is hereby levied against all of the taxable property of the City of Stillwater,
Washington County, Minnesota, for City purposes for the year 1999.
Adopted by the Council this 1st day of September, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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RESOLUTION NO. 98-236
ADOPTING THE PROPOSED BUDGET FOR THE YEAR 1999
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
proposed operating budget for the General Fund is hereby adopted for the year 1999 with
revenues and expenditures in the amount of $6,814,842.
Adopted by the Council this 1st day of September, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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RESOLUTION NO. 98-i6f ;;;l.d. 5"
SETTING PUBLIC HEARING DATES FOR TRUTH IN TAXATION
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Truth in
Taxation public hearing shall be at 7 p.m. on December 1, 1998, and a continuation public
hearing, if needed, shall be at 7 p.m. December 8, 1998.
Adopted by the Council this 1st day of September, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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Memornndum
To: MAYOR KIMBLE AND CITY COUNCn.. MEMBERS
CC: Nll..E KRIESEL
From: POLICE CIllEF LARRY DAUFFENBACH
Date: 08128/98
Re: OFFICE RADIO EQUIPMENT
As you are all aware, Washington County is in the process of upgrading their radio system. The
base radio in the Stillwater Police Department is outdated and cannot function with the County's new
:System. The update was not suppose to happen until December or January. However, due to some
f~b.m~al problems they abandoned channel 2 as a primary dispatch channel. They instituted channel
?::~:~P.r:imary dispatch channel for Stillwater. The Stillwater Police base unit cannot be changed to
this frequency. Our base unit is no longer a primary channel. The office staff cannot hear or
~~~te with officers being dispatched by Washington County. Our dispatchers cannot talk
With:w:CSQ dispatchers on the primary channel. Officers in the office Cannot communicate with
q~p.~t.<ili~i.i~xcept on portable radios. This is an officer safety issue and a necessary communication
furictioo.:;:::::::
.:HHH:
~~t:fum line is that I need this expenditure now. There is no money in this year's budget for this item.
Cost of new base radio $5,657.25.
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MEMORANDUM
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TO:
FROM:
SUBJECT:
DATE:
MAYOR AND COUNCIL
MORLI WELDON, CITY CLERK
MEETING DATE FOR SECOND MEETING IN SEPTEMBER
08/25/98
REMINDER:
As you know, the 1998 Primary Election will be held Tuesday, September 15. Therefore,
the regularly scheduled second Council meeting of the month has been rescheduled for
Tuesday, September 22,1998.
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: 1999 budget revisions
DA: August 28, 1998
Discussion:
Staffhas been working diligently to revise the budget to meet the revenues available for
funding the 1999 budget. Council will recall, from previous budget discussions, that
expenditures as requested by staff, were about $770,000 over estimated revenues and that
Capital Outlay requests amounted to about $4,000,000. To date I have pared the
operating expenditures (excluding the Recreation Center) to about $195,409 over
estimated revenues and have reduced the C/O budget to about $2,000,000. However,
operating expenditures (primarily for the General, Library and Parks funds) budget still
needs to be trimmed by about $190,000 in order to balance the budget.
Further, the reductions or adjustments I have made have been based primarily on my
judgement as to what can be "afforded" and/or what will be needed by each department
in 1999 to reasonably provide city services. In other words, the department heads have
not had an opportunity to review the changes to their respective budgets. Therefore, I will
need additional time to meet with department heads and to "fine tune" the budget for
final review and adoption by the Council.
On the other hand, the "proposed" budget and tax levy must be adopted by the City and
certified to the County by September 15, 1998 (the resolutions would need to be in the
County's hands by September 15th so Council action on the proposed budget and levy
would have to be taken before the September15th). The options for the Council are as
follows:
1. Adopt proposed budget ($6,477,801) and tax levy ($4,237,385) at the meeting
Tuesday and direct staff to continue to work on balancing the budget.
A. The tax levy (assuming the Council wants to set the general levy at the
levy limit amount, which is $2,737,793) is pretty much determined
already due to levy limits. Therefore, the Council would only need to
determine what the General Fund budget would be. At the present time
the General Fund budget (as shown on the information Diane has
provided) is $6,477,801. This would still leave a deficit of about
$190,000 as noted above. Staff could further revise the budget and the
actual budget could then be adopted after the Truth in Taxation
hearing (which I believe will be held on December 1st). Council will
2. Table action on the budget and schedule a special meeting to further discuss
the budget. It would appear that the most favorable meeting date would be
September 8th.
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For your information, the proposed tax levy is a .5% increase over 1998. According to the
information Diane has provided to you, the impact on the residential taxpayers ranges
from a $9.92 (3.56%) increase for a residential home valued at $75,000 to a $113 (5.3%)
decrease for a residential home valued at $150,000.
Diane and I can discuss the budget further with you at the meeting Tuesday.
Recommendation:
Council consider adopting 1999 proposed budget and tax levy.
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08/28/98
1999 REQUESTED OPERATING BUDGET
(Excluding Capital Outlay)
1998 1998 to 1999
Revenues & 1999 1999 % Increase Surplusl
Governmental Funds Expenditures Revenues Expenditures in Expenditures (Deficit)
General $6,238,354 $6,390,457 $6,477,801 3.8% ($87,344)
Special Events $21,000 $21,000 $21,000 0.0% $0
St. Croix Valley Recreation Center N/A $723,500 $514,019 N/A $209,481
DARE $3,000 $6,500 $3,500 16.7% $3,000
Middle River Watershed $4,000 $6,000 $6,000 50.0% $0
Library $665,196 $683,312 $770,352 15.8% ($87,040)
Parks $433,267 $492,702 $513,367 18.5% ($20,665)
Wash County Recycling Grant $65,000 $66,000 $66,000 1.5% $0
Enterprise Funds (Self-supporting) - Excludes Depreciation and CaRital Outlay
Sanitary Sewer
Storm Sewer
Solid Waste
Parking
$1,613,971
$175,000
$1,256,800
$91,000
$1,851,934
$39,034
$1,267,960
$101,705
($237,963)
$135,966
($11,160)
($10,705)
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08/27/98
PROPOSED 1999 TAX LEVY
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General Tax Levy $2,737,793
(at State Mandated Levy Limit)
Debt Service Tax Levy $1,499,592
Total Tax Levy $4.237.385
For comparison purposes, the 1998 tax levy is shown below:
1998 General Tax Levy $2,557,684
1998 Debt Service Levy $1,659,302
1998 Total Tax Levy $4,216,986
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08/27/98
. PAYABLE 1999 TAX LEVIES
Fund # Description Amount
306 1993C Capital Outlay $ 130,279
308 19940 Capital Outlay 21 ,961
325 1996A Capital Outlay 537,482,
326 1997 A Capital Outlay 134,870
328 1998 Capital Outlay 150,000
399 1998A Sports Complex 350,000
328 1999 Capital Outlay 175,000
Total $ 1,499,592
Cancel Levies
517
518
1994A Improvement
19948 Improvement
$
140,278
55,401
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ESTIMATED PAYABLE 1999 PROPERTY TAX IMPACT WORKSHEET
Taxing District: Stillwater .
PROPOSED TAX LEVY
Based on "Preliminary Property Values" received from Washington County
..... ...................p. ......b....1.1.9.9. ..9..........
............"..-.-........-"....,.,... ."""." ... .. '-""""""',"
..-...-....""...-..............",.-.. ' , ,--. , -............-. '..
.-,...-.......".............._--,.".... . ., .,.. ,...........-... ...
."""'.'."""'''''''':>/:::}':':/i':>>:::':':::'::".".a, .,a . .e}:: .. ... <,>:'><,.,.....
........ _.._"."..____.... "'''--P--''
$750001
$1000001
$125000
$150000
$7501
$1 213
$1 675
$2 138
$278.61
$450.61
$622.23
$794.22
.. ___.d. ... '.
UW~~~pl~ i...... d/n.../
M@i~t".............................Hill~~.....................
...Va'lUe/i,<Caacr.
$75 000 $750
$100000 $1 1751
$125000 $1 600
$150 000 $2 025/
./Esti..mated'
. ,....... -..." ",..----.."........
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$288.53
$452.02
$615.52
$779.02
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Washington County
City of Stillwater
Preliminary estimate of Pay 99 values
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Please n:Jte that these values are just preliminary and are still being worked 0Ii. : +0
Final values should be available tne first week in September. -? 0 'S i-- e 0 '('" e '-"-
;1 (\d \"1 '( t'K I '" S eft.
ESTIMATED Actual %
Pay 99 Pay 98 Chg
Market Value 744,000,000 704.831,100 5.6%
Total Tax Capacity 12,300,000 12.713,486 -3.3%
FD Contribution (1,476,726) (1,495,558) -1.3%
TIF (1,450.000) (1 .559,975) -7.0%
Local Value 9,373,274 9,667,963 -2.9%
Initial FD DiStribution 1 ,709,949 1.864,730 -8_3%
Final FD Distribution 1.496.205 1,621,513 -7.7%
FD $ $631,505 $648,223 -2.6%
Detail by TIF District:
TIF Retained ".";?:
. 9 607,269 672,024 -9.6%
14 186,490 188,334 -1.0%
17 492,948 528,968 -6.8%
43 139,605 159,393 -12.4%
56 9.864 11,244 -12.3%
1,436,176 1,559,963 -7.9%
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08/28/98
1999 BUDGET NEW POSITIONSIINCREASES
WAGES & BENEFITS .
DEP ARTMENT/Position REQUESTED: RECOMMENDED:
FINANCE
F. T. Overtime $11,802 $9,026
POLICE
(2) F.T. Patrol Officers $88,084 $22,243 *
P.T. (1/2) Secretary/Dispatch I $16,780 $0
Sergeant Promotion for Investigator $2,573 $2,573
Increase F. T. overtime $20,052 $20,052
FIRE
F.T. Overtime $14,213 $14,213
P.T. (1/2) Secretary $16,930 $0
P.T. Volunteers $2,556 $2,558
INSPECTION
F.T. Building Inspector $42,674 $21,337 *
PUBLIC WORKS
F.T. Code Enforcement $42,674 $0
STREETS
F.T. LEO $41 ,960 $0
F.T. Promotion to Lead Worker $2,347 $2,347
F.T. Laborer (split with Parks) $8,485 * .
LIBRARY
P. T. Library Assistant $7,940 $7,940
P.T. Library Associate $5,598 $0 **
P.T. Library Associate $15,018 $0 **
F.T. Assistant Library Director $10,587 $10,587
PARKS
P.T. Overtime $1,077 $0
F.T. Laborer (split with Streets) $33,939 $8,485 *
FT. Secretary $38,739 $0
Reclassify 1 F.T. laborer to LEO $11,811 $11,811
SEWER
F. T. Sewer Worker $42,327 $0
P. T. Sewer Worker $10,765 $10,765
PARKING
P.T. Enforcement $25,951 $25,951
F.T. Overtime $1 ,128 $1 ,128
GRAND TOTAL $507,525.00 $179,501.00
* Hires on 7/1/99
** Recommended $ decrease. Library Board to determine which classification
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08/27/98
.. 1999 CAP IT AL OUTLAY
. ADDITION PROPOSED &
DEPARTMENT REQUESTED (REDUCTION) RECOMMENDED
Finance
Office equipment $1,200.00 ($1,200.00) $0.00
Software $2,500.00 $2,500.00
Total Finance $3,700.00 ($1,200.00) $2,500.00
Administration
Printer $1,500.00 $1,500.00
Microfiche reader $2,500.00 $2,500.00
Total Administration $4,000.00 $0.00 $4,000.00
Police
(6) Radios for squads $22,000.00 $22,000.00
Base radio $5,000.00 $5,000.00
(2) Computers $4,800.00 ($4,800.00) $0.00
Fax Machine $2,600.00 ($2,600.00) $0.00
Cassette Copier $1,200.00 $1,200.00
Speed Wagon $11,000.00 $11,000.00
(3) Squads with graphics and changeovers $80,050.00 $80,050.00
Lights and siren on captain's squad $1,200.00 $1,200.00
Investigator auto $17,985.00 $17,985.00
Total Police $145,835.00 ($7,400.00) $138,435.00
. Fire
(5) SCBA units $13,800.00 $13,800.00
Ladder truck $600,000.00 ($600,000.00) $0.00
(2) Computers $5,000.00 $5,000.00
Total Fire $618,800.00 ($600,000.00) $18,800.00
Building Inspections
4-wheel drive truck $22,000.00 $22,000.00
Computer (new position) $3,500.00 ($3,500.00) $0.00
Workstation (new position) $2,000.00 ($2,000.00) $0.00
Software $2,000.00 $2,000.00
Total Building Inspections $29,500.00 ($5,500.00) $24,000.00
Engineering
Storage credenza & hutch (reception area) $1,100.00 ($1,100.00) $0.00
Furniture-Engineer's office $2,500.00 ($2,500.00) $0.00
Furniture-Waiting area $2,000.00 ($2,000.00) $0.00
Light table $1,000.00 ($1,000.00) $0.00
Software $4,000.00 $4,000.00
Computer upgrade $2,000.00 $2,000.00
Full format copier $5,000.00 $5,000.00
Total Engineering $17,600.00 ($6,600.00) $11,000.00
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08/27/98
1999 CAPITAL OUTLAY
ADDITION PROPOSED &
DEPARTMENT REQUESTED (REDUCTION) RECOMMENDE9
Public Works ($1,800,obo.oo)
P.W. Building $1,800,000.00 $0.00
Total Public Works $1,800,000.00 ($1,800,000.00) $0.00
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Street I
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(1) One-ton truck with plow $35,000.00 $35,000.00
Loader $115,000.00 $115,000.00
Loader plow $25,000.00 $25,000.00
(3) Radios $3,000.00 $3,000.00
Total Street $178,000.00 $0.00 $178,000.00
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Shop I
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Building Remodeling $15,000.00 ($15,000.00) $0.00
Truck $26,000.00 ($26,000.00) $0.00
Wire feed welder $3,000.00 ($3,000.00) $0.00
Hydraulic press-50 ton $1,600.00 ($1,600.00) $0.00
Gear puller set $1,058.00 ($1,058.00) $0.00
Total Shop $46,658.00 ($46,658.00) $0.00
Planning
Car $15,000.00 $15,000.00
(2) Desks $2,000.00 ($2,000.00) $0.00
Credenza $1,000.00 ($1,000.00) $0.00.
(2) Chairs $2,000.00 ($2,000.00) $0.00
Countertop $1,000.00 ($1,000.00) $0.00
Countertop with cabinets $1,000.00 ($1,000.00) $0.00
Scanner $1,650.00 $1,650.00
Software $1,000.00 $1,000.00
Total Planning $24,650.00 ($7,000.00) $17,650.00
TOTAL GENERAL FUND: $2,868,743.00 ($2,4 74,358.00) $394,385.00
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08/27/98
1999 CAPITAL OUTLAY
ADDITION PROPOSED &
. DEPARTMENT REQUESTED (REDUCTION) RECOMMENDED
Library - Operations
L.A. N. $26,000.00 $26,000.00
(2) Computers $3,800.00 $3,800.00
File cabinet $1,070.00 $1,070.00
Literature rack $1,000.00 $1,000.00
CD. shelving $2,000.00 $2,000.00
Total Library - Operations $33,870.00 $0.00 $33,870.00
Library - Facility
Tile roof repair $7,000.00 $7,000.00
Signs $2,000.00 ($2,000.00) $0.00
Cornice repair $25,000.00 $25,000.00
Stabilize exterior planters $25,000.00 ($20,000.00) $5,000.00
Plaster repair $10,000.00 $10,000.00
Fire escape repairs $6,000.00 $6,000.00
Lighting improvements $2,000.00 $2,000.00
Furniture repair/replacement $5,275.00 $5,275.00
Air quality improvements $3,000.00 $3,000.00
Total Library - Facility $85,275.00 ($22,000.00) $63,275.00
TOTAL LIBRARY FUND: $119,145.00 ($22,000.00) $97,145.00
. Parks
Mower and attachments $35,000.00 $35,000.00
Aeravator with roller $12,200.00 $12,200.00
Flower gardens on Main Street $6,000.00 ($6,000.00) $0.00
Territorial Prison monument $15,000.00 ($15,000.00) $0.00
Lowell Park sidewalk $2,000.00 $2,000.00
Storage building $22,000.00 $22,000.00
Picnic shelter at Northland Park $6,500.00 $6,500.00
Re-wire backstop & ballfield at Northland $2,000.00 $2,000.00
Picnic shelter at Washington $6,500.00 ($6,500.00) $0.00
Picnic shelter at Lily Lake $6,500.00 $6,500.00
Play equipment at Lily Lake $3,000.00 $3,000.00
Drinking fountain at Ramsey $1,900.00 $1,900.00
Barbecue grill at Ramsey $2,100.00 $2,100.00
Basketball court at Schulenberg $29,000.00 ($29,000.00) $0.00
Fence at Staples ballfield $3,200.00 $3,200.00
Replace backstop at Staples $3,000.00 $3,000.00
Meadowlark Park Improvement $130,000.00 ($130,000.00) $0.00
Boardwalk at Lily Lake $20,000.00 $20,000.00
Flagpole at Lily Lake $2,500.00
Land for new Parks $400,000.00 $400,000.00
. TOTAL PARKS FUND: $708,400.00 ($186,500.00) $519,400.00
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-20
August 18, 1998
esPECIAL MEETING
The meeting was called to order by Mayor Kimble at 4:30 p.m.
4:30 P.M.
Present: Councilmembers Thole, Zoller, Bealka, Zoller and Mayor Kimble
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Fire Chief Kallestad
Library Director Bertalmio
1. 1999 BUDGET WORKSHOP
Finance Director Deblon and City Coordinator Kriesel presented Council with information on the
proposed 1999 Budget.
Department budget proposals were presented by the following: Fire ChiefKallestad and Library
Director Bertalmio
Motion by Councilmember Zoller, seconded by Councilmember Thole to recess at 6:15 p.m. (Budget meeting
continued after adjournment of regular meeting) All in favor.
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Mayor
Attest:
City Clerk
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 98-20
August 18, 1998
REGULAR MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Councilmembers Thole, Zoller, Bealka, Zoller and Mayor Kimble
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
City Clerk Weldon
Community Development Director Russell
City Engineer Eckles
Police Chief Dauffenbach
.
..
City Council Meeting 98-20
August 18, 1998
Press: Julie Kink, Courier News
Mark Brouwer, Stillwater Evening Gazette
Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the minutes of the August 4,.
1998, Regular and Recessed Meetings, August 11, 1998, and August 12, 1998, Special Meetings. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Proclamation: Make A Difference Day, October 24, 1998
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-217 Proclaiming
October 24, 1998, Make a Difference Day in Stillwater.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
Mayor Kimble presented a Proclamation declaring October 24, 1998 to be Make a Difference Day,
which will be an annual national day of doing good that celebrates and strengthens the spirit of volunteer
servIce.
OPEN FORUM
Robin Gates, 2674 Hawthorne Lane, expressed concerns about the excessive noise from the skateboard
facility in Northland Park. She requested skateboarding be prohibited in the park. As an alternative, she
requested limited hours Monday through Saturday and no skateboarding on Sunday.
.
Mayor Kimble stated the concerns of the Northland Park neighbors will be conveyed to Parks Director
Thompson for consideration by the Park Board. It was suggested the possible construction of a sound
baffle should be investigated. Neighbors should be encouraged to attend the Park Board meeting to
discuss their concerns.
Motion by Councilmember Thole, seconded by Councilmember Zoller to refer consideration of noise issues
from the skateboard facility at Northland Park to the Park Board. All in favor.
STAFF REPORTS
1. Police Chief.
As stated in his memo to Council, Police Chief Dauffenbach reported that he met with the owner of
Market Place Car Wash, Jeff House. Mr. House has soundproofed one blower at the car wash and this
has resulted in a reduction in the noise level of 10 decibels. However, he is still 2 decibels over the limit
on the West side and 4 decibels over on the East side of the building. He will be soundproofing the
second blower and consulting with the manufacturer about a smaller blower to reduce the sound further.
2. Community Development Director.
Community Development Director Russell presented an application from Jerry Larson for an on-site
septic system at 1911 North First Street. He stated a waiver must be signed that the property owner wile
2
City Council Meeting 98-20
August 18, 1998
not protest a city project in the future. This system is for a new residence. It has been reviewed by
Building Inspector Cindy Shilts. The plan is consistent with regulations; she recommends approval.
. Council asked for clarification on the proposed ordinance establishing a moratorium on the North Hill
Construction. City Attorney Magnuson reported septic systems fall under the moratorium, but the
ordinance, if passed at this meeting, will not be effective until October 1, 1998.
Motion by Councilmember Thole, seconded by Councilmember Zoller approving the on-site septic system for
1911 North First St., Jerry Larson, applicant. All in favor.
Community Development Director Russell also reported GWO Construction and the project architects
have recommended the installation of an e-Iayer of flooring on the soccer facility. This flooring material
would provide more density and cushioning and alleviate the moisture problems. The contractor will
install this flooring at no cost to the City.
Motion by Councilmember Thole, seconded by Councilmember Cummings approving the installation of an e-
layer of flooring on the soccer facility at the St. Croix Valley Recreation Center. All in favor.
3.
City Engineer.
.
In response to Council's inquiry about the condition of Meadowlark Park, City Engineer Eckles reported
that Meadowlark Park will need some additional leveling and topsoil to bring the park to its fmal grade.
It is not anticipated that the park will be completely improved this year. The final leveling and grading
of Meadowlark Park will be necessary to prepare it for expected 1999 park improvements. It is
estimated that such action would cost approximately $2000-4000. He noted it is possible some areas
will be disturbed again when the fmal improvements are constructed. This is not an item that was
budgeted for this year.
Council determined the work should be done this year so that the residents are better able to utilize the
park. .
Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to obtain quotes for
final grading improvements to Meadowlark Park. All in favor.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Zoller approving the consent agenda. All in
favor.
1. Resolution 98-210: Directing Payment of Bills
2. Temporary on-sale 3.2% malt liquor license - Stillwater Glass Company ball tournament, Sept. 11-13,
1998, Lily Lake Park
3. Contractors License: Metro General Services, Rogers, MN
4. Resolution 98-211: Amending Res. 98-133, Change Order #6, St. Croix Valley Recreation Center
5. Resolution 98-212: Agreement with Equipment Supply for HV AC maintenance
6. Resolution 98-213: Computer and Internet use policy
.7. Resolution 98-214: Full-time Employment of Scott Geving as patrol officer
8. Authorizing rebidding for Pioneer Park restroom renovation
9. Resolution 98-215: Approval of participation in Livable Communities Program
3
City Council Meeting 98-20
August 18, 1998
10. Resolution 98-216: Appointing Election Judge for 1998 Primary and/or General Elections
UNFINISHED BUSINESS
1. Accepting bids and awarding contract, 1998 Sidewalk Improvements.
.
City Engineer Eckles reported the following quotations were received for the 1998 Sidewalk
Improvements: Bailey Construction $24,305; Curb Master, Inc., $27,810; and Jay Brothers, Inc,
$32,216. He recommended Council award the contract to the low bid, Bailey Construction.
Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt Resolution 98-218 accepting
quotations and awarding the contract for the 1998 Sidewalk Improvements to Bailey Construction.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
City Engineer Eckles also reported, pursuant to Council direction, staff had obtained quotations for
miscellaneous concrete work in various parks in the City. The following quotations were received for
Ramsey/Grove Park: Jay Brothers, Inc, $7,867.60; Bailey Construction $8,109.69; and Curb masters,
Inc., $9,300. Quotations for Triangle Park were as follows: Curb Master, Inc., $4,690; Bailey
Construction $9,603.75; and Jay Brothers, Inc., $17,455. Quotations for Pioneer Park steps were
received from Curb master, Inc., $2,020; Bailey Construction $3,693.75; and Jay Brothers, Inc., $6,565.
He recommended Council award the contract to the low quotation for each project.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-219 accepting
bids and awarding the contract for miscellaneous concrete work at Ramsey/Grove Park to Jay Brothers, Inc., .
and for Triangle Park and Pioneer Park to Curb Masters, Inc.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
2. Possible second reading of Ordinance 864, adopting a moratorium by restricting and prohibiting
building development or subdivisions on parts of the North Hill (first reading 8/4/98)
City Attorney Magnuson stated this ordinance would have an October 1, 1998, effective date.
Motion by Councilmember Bealka seconded by Councilmember Thole to have the second reading of
Ordinance 864, adopting a moratorium for the purpose of protecting the planning process and the health, safety
and welfare of the citizens of Stillwater by restricting and prohibiting building development or subdivisions on
parts of the North Hill.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. Possible second reading of Ordinance 865, amending the zoning map by rezoning Outlots A & C,
Neal Meadows, from AG, Agricultural Preservation to RA, Single Family (first reading 8/4/98)
.
4
City Council Meeting 98-20
August 18, 1998
Motion by Councilmember Thole, seconded by Councilmember Bealka, to have the second reading of
Ordinance 865, amending the zoning map by rezoning Outlots A & C, Neal Meadows, from AG, Agricultural
.Preservation to RA, Single Family.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Receiving Findings for the approval of a variance for a first floor deck and denial of a variance for a
second floor deck at 906 5th Ave. S.
Pursuant to Council direction, City Attorney Magnuson presented findings consistent with staff and
Planning Commission recommendations regarding the application for a variance by John A. Prosser,
906 5th Ave. South.
Motion by Councilmember Thole, seconded by Councilmember Bealka, adopting Resolution 98-220 approving
and adopting the Findings of Pact and Conclusions of Law regarding the application of John A. Prosser for a
Variance.
.
5. Approving Final Plat for L,iberty on Long Lake, Phase I.
Community Development Director Russell reported that the first phase [mal plat application has been
received. The first phase final plat is for 52 lots - six lakeside and 44 traditional lots. Staffhas reviewed
the documents and find them complete with the following conditions:
1.
2.
All trail easements shall be recorded with final plat recording.
Heritage Park and Liberty Newman Island shall be dedicated to the City with final plat
recording.
All lot development plans shall be individually reviewed with the approval expansion area
design guidelines and design permit issued before building..
Final sidewalk/street crossing design shall be determined and approved by the City Engineer
before final plat approval.
An educational handout describing the projects natural area, preferred landscape materials and
environmentally sensitive management protection for wetlands, trees and natural buffer areas
shall be provided to all lot owners. The Community development Director shall review and
approve the information.
A 20 foot landscaped trail easement with landscape buffer shall be provided connecting
Homestead Green to Eben Green and Kinship Green to Harriet Green.
The City Attorney shall review and approve the project declaration of covenants, conditions,
restrictions and easements and conservation/scenic easement documents.
The fInal utility plans including street lighting, signage and street crossing shall be approved by
the City Engineer.
3.
4.
5.
6.
7.
8.
Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution 98-221
approving the final plat for the first phase of Liberty on Long Lake, as conditioned.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
_Nays: None.
5
City Council Meeting 98-20
August 18, 1998
NEW BUSINESS
1. Possible appointments to Human Rights Commission.
.
In a memo submitted to Council, City Clerk Weldon reported that the Human Rights Commission has five
vacancies, plus two youth positions available. Four vacancies are the expiration of regular terms, while one
is the unexpired term of Bill Kimker who resigned from the commission. A request for applications was
published in the Stillwater Evening Gazette and the Courier News. Applications were received from: Jane
Anglin, Ward 2; Michael Caouette, Ward 1, Susan Dixen, Ward 2 and Liz Templin, Ward 4. Louise
Watson, Ward 4 and Mary Peroceschi, Ward I have requested reappointment.
The Human Rights Commission reviewed the applications. They recommended the following
appointments: Reappoint Louise Watson and Mary Peroceschi, and appoint Michael Caouette, Jane Anglin,
and Susan Dixen. If a vacancy would occur during the next year, they would reconsider Ms. Templin's
application.
She also requested consideration to change the date the terms expire. Currently, the terms expire mid-June
one year and mid-August the alternate year. This occurred because of the date the Commission was formed.
However, interest in volunteering is lower during the summer months. Staff recommends the term dates run
by calendar year, January 1 - Dec. 31. This would coincide with the appointment terms of other City
Commissions and allow for advertising to include all Commissions. Also, it would be easier to notify
students of the opportunity to serve as a youth member. The Human Rights Commission concurs with the
recommendation to have terms expire January 1 st of each year, beginning with the new appointments.
Council concurred with the recommendation of the Human Rights Commission for appointments and
the recommendation to adjust terms to run January 1 through December 31.
.
Motion by Councilmember Thole, seconded by Councilmember Zoller, approving Resolution 98-222
appointing the following to the Human Rights Commission: Jane Anglin to fill the remaining portion of the
tern of Bill Kimker, to expire June 20, 1999; reappointing Louise Watson and Mary Rita Peroceschi for terms
to expire January 1,2001; and appointing Michael Caouette, Susan Dixen for terms to expire January 1,2001.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
COMMUNICATIONSIREQUESTS
1. Roger Tompten, Heritage Commission Chair - Request for expansion of SRF contract to include historic
site survey of Aiple and Kolliner Park properties.
Roger Tompten, Chair of the Heritage Preservation Commission wrote a letter requesting that the City
expand the contract with SRF to include a historical site survey and asking that Council direct staff to
request a scope of service revision, with cost and schedule estimates for such a survey. This would
complete the Downtown Historic survey area, and possibly provide the basis for an amendment to the
Downtown Historic Commercial District.
Motion by Councilmember Thole, seconded by Councilmember Bealka, directing Community Development
Director Russell to request a cost and schedule estimate from SRF for a scope of service revision for a historica".
site survey on the Aiple and Kolliner Park properties. All in favor. .
6
City Council Meeting 98-20
August 18, 1998
.
City Attorney Magnuson reported he had received an opinion from the Minnesota Court of Appeals
regarding Quarry Path. The ruling was in favor of the City. He will review the opinion and return to
Council with a report.
City Attorney Kriesel reported a request has been received for the transfer of the City parade float to
V oitures 791. He stated the float was constructed for the Sesquicentennial and has not been used for
five years. It is costing the City to store the float; he recommended the transfer.
Motion by Councilmember Bealka, seconded by Councilmember Thole transferring ownership of the City
parade float to Voitures 791. All in favor.
Motion by Councilmember Thole, seconded by Councilmember Cummings, to adjourn the meeting at 8:01 p.m.
All in favor.
The budget meeting was reconvened at 8:05 p.m.
Council further discussed the proposed 1999 Budget.
Motion by Councilmember Zoller, seconded by Councilmember Cummings to adjourn at 8:30 p.m. All in
favor.
Mayor
.Attest:
City Clerk
Resolution 98-210: Directing Payment of Bills
Resolution 98-211: Amending Res. 98-133, Change Order #6, St. Croix Valley Recreation Center
Resolution 98-212: Agreement with Equipment Supply for HV AC maintenance
Resolution 98-213: Computer and Internet use policy
Resolution 98-214: Full-time Employment of Scott Geving as patrol officer
Resolution 98-215: Approval of participation in Livable Communities Program
Resolution 98-216: Appointing Election Judge for 1998 Primary and/or General Elections
Resolution 98-217: Proclaiming October 24, 1998, Make a Difference Day in Stillwater.
Resolution 98-218: accepting quotations and awarding the contract for the 1998 Sidewalk Improvements to
Bailey Construction.
Resolution 98-219: accepting bids and awarding the contract for miscellaneous concrete work at
Ramsey/Grove Park to Jay Brothers, Inc., and for Triangle Park and Pioneer Park to Curb Masters, Inc.
Resolution 98-220: approving and adopting the Findings of Fact and Conclusions of Law regarding the
application of John A. Prosser for a Variance.
Resolution 98-221: approving the final plat for the first phase of Liberty on Long Lake, as conditioned.
Resolution 98-222 appointing the following to the Human Rights Commission: Jane Anglin to fill the
ae~aining portion of the term of Bill Kimker, to expire June 20, 1999; reappointing Louise Watson and Mary
~ta Peroceschi for terms to expire January 1, 2001; and appointing Michael Caouette, Susan Dixen for terms to
expire January 1,2001.
7
City Council Meeting 98-20
August 18, 1998
Ordinance 865, amending the zoning map by rezoning Outlots A & C, Neal Meadows, from AG, Agricultural
Preservation to RA, Single Family.
Ordinance 864, adopting a moratorium for the purpose of protecting the planning process and the health, safety.
and welfare of the citizens of Stillwater by restricting and prohibiting building development or subdivisions on .
parts of the North Hill.
.
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8
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.
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To: City of Stillwater- Mayor and Council
From: McKusick Lake Lakeshore Property Owners
Date: 8/25/98
Subject: Petition to Maintain McKusick Lake at the Present Level
Attached is a petition to officially maintain the level of McKusick Lake
at 853.5'. McKusick Lake has operated at this level for an undetermined
number of years and the lakeshore property owners unanimously agree
on tIlis level.
&
-PETITION -
Tile following property owners surrounding Lake McKusick in the City of Stillwater
respectfully petition the City of Stillwater and the State of Minnesota Department
of Natural Resources to es~blish a permitted designated water level of Lake
McKusick at its current level of 853.5 feet above sea level indefinitely.
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PROPERTY OWNERS REPRESENTATIVE
DATE
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-PETITION -
.
The following property owners surrounding Lake McKusick in the City of Stillwater
respectfully petition the City of Stillwater and the State of Minnesota Department
of Natural Resources to establish a permitted designated water level of Lake
McKusick at its current level of 853.5 feet above sea level indefinitely.
name(s)J<o..t\ e.;-V,.'Y\ ..Jc, \) \0 "hf1 name(s) (.. j!V-.;//j~t..+I-V":' ~1(1.}tJlf;P f c;..A:'5 t" /J
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PROPERTY OWNERS REPRESENTATIVE
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The following property owners surrounding Lake McKusick in the City of Stillwater
respectfully petition the City of Stillwater and tbe State of Minnesota Depat1ment
of Natural Resources to establish a permitted designated water level of Lake
l\iIcKusick at its current level of 853.5 feet above sea evel indefinitely.
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PROPERTY OWNERS REPRESENTATIVE
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-PETITION -
The following landowners surrounding Lake lVlcKusick in the City of Stillwater
respectfully petition the City of Stillwater and the State of Minnesot~, Department
of Natural Resources to establish a permitted designated water level of Lake
McKusick at its current level of 853.5 feet above sea level indefinitely.
name(s)
:lddress
phone
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ASSOCIATION REPRESENTATIVE
DATE
.~
.
.
.
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 98-223
Abrahamson Nurseries
Ace Hardware
A T& T Wireless
Automated Entrance Products
Board of Water Commissioners
Bryan Rock Products
Buberl Recycling & Compost
Buckley, John
Car Quest Auto Parts
Chemsearch
Computer Discount Warehouse
Croix Oil Company
Cummings North
Dauffenbach, Larry
Desch, Mark & Gloria
Earl F. Anderson, Inc.
Ecolab Pest
Elder-Jones Building Permit Service
Empon Archives
Fire Chiefs Conference
Fred's Tire
Gopher Bearing
Gopher State One-Call
Gordon Iron & Metal
Government Finance Officers Assn.
Greeder Electric
Holman, Rose
Human Services, Inc.
I.T.L Patch Company, Inc.
Imagineering
J.H. Larson Company
Johnny's TV
Junker Sanitation
Kornovich Development
Legislative Associates
Mac Queen Equipment, Inc.
Magnuson Law Firm
Maple Island Hardware
Maple Island Hardware
Metro Electric
Miller Excavating
Minnesota Dept. of Transportation
Minnesota Pollution Control Agency
On-Site Sanitation
pagenet
Park Nicollet Clinic-Airport
2 Rolls of Fabric
Coffee Maker, etc.
August Cellular
Service Automatic Door
Hydrant Adaptor
Rip Rap for Storm Sewer
Tree Dumping from Storm
Inspection Services
Disc Pad, Oil Bath Seal, etc.
Bee Spray
Drum for HL-720
Street Department Oil
Sweeper Repair
Meals-Sgt. Exam
1 st Half 1998 TIF Payment
No Trespassing Sign
Pest Elimination
Refund Building Permit
Chimney on Quarry Lane
Kallestad, Barthol Registration
Tire Repair
Bearing for Sweeper
July Phone Calls
Oxygen-Street Dept.
Membership-Sharon Harrison
New Panel & Lights-Lowell, etc.
Parking & Mileage-Clerks Institute
Psychological Exam
Police Dept. Arm Patches
Network Consulting
Toilet Repair Kit
Video Battery, Video Tapes
July Garbage Bags
Grading Deposit Refund
Consultant Services
Repair Vactor Truck
Prosecution, Condemnation, etc.
Tree Trimmer, Water Can
Tree Cutter for Brush
Light & Fixture Repair
Rock for Ditches
Relamp 36 & Nelson
Investigation & Cleanup
Weekly Service, Damage Waiver
Pager Service
Hiring Medical Exam
38.30
24.04
60.50
165.00
60.76
60.03
1,524.00
480.00
502.83
139.17
138.99
398.23
197.13
40.79
18,379.43
97.50
227.92
81.73
150.00
290.00
13.57
9.78
133.00
38.34
115.00
2,088.00
106.40
200,00
161.31
2,113.00
12.93
63.88
331.25
1,500.00
4,325.00
902.05
6,533.08
62.19
21.08
684.27
158.65
60.87
230.00
253.25
48.12
573.50
"
Path Masters Accounts Payable Seminar 145.00 .
Polfus Implement, Inc. Kubota Bushings 3.80
Quill Corporation Paper, Laser Labels,Wall Calendars 247.92
Reed's Sales Jari Mower Repairs 40.17
Rose Floral Green Plant 47.93
Ruffridge Johnson Repair of Rollers 9.55
Saint Croix Animal Shelter June Animal Impound Fees 96.00
Saint Croix Office Supplies Lateral File Dividers, etc. 1 ,141 .28
Saint Croix Recreation Company Play Structure, Swingset 10,000.00
Saint Paul Pioneer Press Ad-92 Ford Explorer 185.52
Shilts, Cindy Dues, Mileage 35.40
Shorty's August Laundry 64.86
Star Tribune Administrative Asst Ad 441.00
State Fire Marshall Division Tuition-NFIRS Training 70.00
Stillwater Equipment Company Holster, Magazine Holder, etc. 284.79
Stillwater Gazette Ad-Part Time Firefighter, etc 125.39
Stillwater Motors Service for Chiefs Car 21.95
Stillwater Towing Police Squad Tow, Forfeitures 434.71
Stillwater Township Annexation Area Payment 36,280.24
Svendesen Corporation Grading Escrow Refund 1,500.00
TA Schifsky & Sons, Inc Blacktop & Tack 1,623.89
United Building Center Treated Pine, Sock Tubing 138.96
USEMCO Filters for Lift Station 130.00
Watson, Dennis Penalty Adjustments, etc. 280.00
Wm. H.O. Kroll & Associates Engineering Fees 850.00 .
Zee Medical Service Painaid, Sting Relief Swabs, etc. 31.34
MANUALS
US Postal Service Postage for August Newsletter 600.00
Chamber of Commerce Funds Collected-Territorial Prison 2,500.00
ADDENDUM
Kriesel, Nile Picnic Food & Supplies 74.42
M.J. Raleigh Trucking 4th Street Paving 30,236.14
Northern States Power Company Gas, Electricity 20,225.06
Thomsen, Timothy Conference Airfare Reimbursement 357.79
USA Waste Trash Service 89,885.24
US West Telephone Service 581.88
Zepper, Allen Inspection Gas, Rainsuits 46.00
Total Due: 242,531.10
Adopted by the City Council this 1 st day of September, 1998.
APPROVED FOR PAYMENT
I, .
,
.
.
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.
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$~~"~j'<1>'0,
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Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
(651)296-6439 TDD (651)282-6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
. Location where license will be used. If an outdoor area, describe
~ ,~.,b l=-o,A ("I\rforde
(I v,.,....,
15/J: 8;~
.
lrl
~e;f
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service.
L.-/70
Wul the applieant emy liquor liability insur.mee? If so, th earrier's nmne and mnount of e{':!;.11 , k f f;1--, (now 4SI1 J
(NOTE: Insurance is not mandatory.) ( e ~ (b J efi.
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT
CITY/COUNTY DATE APPROVED
CITY FEE AMOUNT LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alcohol & Gambling Enforcement Director
.
Note: Do not separate these two parts, send both parts to the address above and the original signed by this division
wiU'he returned as the license. Submit to the city or County at least 30 days before the event.
PS-09079 (6/98)
(
RESOLUTION NO.
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED
PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER;
EST ABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
.
Be it Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City) as
follows:
1. Recitals.
a. The Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations
(the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to. reimburse the City for project expenditures made by the City
prior to the time for the issuance of the bonds.
b. The Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of subsequently
issued borrowing, that the borrowing occur and the reimbursement allocation be made
from the proceeds of such borrowing within one year of the payment of the expenditure
or, iflonger, within one year of the date the project is placed in service, and that the
expenditure be a capital expenditure.
c.
The City desires to comply with requirements of the Regulations with respect to certain
projects hereinafter identified.
.
2. Official Intent Declaration.
a. The City proposes to undertake the following projects described on Exhibit A attached
hereto.
b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing
or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of
Section 1.103-18(1 )(2) of the Regulations or (iii) expenditures constituting of preliminary
expenditures as defined in Section 1.103-18 (i)(2) of the Regulations, no expenditures for
the foregoing projects as identified on Exhibit A have heretofore been made by the City
and no expenditures will be made by the City until after the date of this Resolution.
c. The City reasonably expects to reimburse the expenditures made for the costs of the
designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in section 1.150-1 (h) of the Regulations.
If
.
.
.
.
d. This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of
the Regulations.
"
.J.
Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long
term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term
basis or otherwise set aside) to provide permanent financing for the expenditures related to the
projects other than pursuant to the issuance of the Bond. This resolution, therefore, is
determined to be consistent with the City's budgetary and financial circumstances as they exist
or are reasonably foreseeable on the date hereof, all within the meaning and content of the
Regulations.
4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the city clerk at the City Hall (which is the main administrative office of the City)
during the normal business hours of the City on every business day until the date of issuance of
the bonds.
5.
Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer ofthe
appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the bonds,
shall specifIcally identify the actual prior expenditure being reimbursed or, in the case of
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds
from any restriction under the bond resolution or other relevant legal documents for the Bonds,
and under any applicable state statue, which would apply to the unspent proceeds of the Bonds.
Adopted this
,1998.
day of
Mayor
Attest:
City Clerk
i,
, .
.
Memorandum
To: MAYOR KIMBLE AND CITY COUNClL MEMBERS
CC: NILE KRIESEL
From: POLICE CHIEF LARRY DAUFFENBACH
Date: 08/25/98
Re: PROMOTION RECOMMENDATION OF JEFFREY MAGLER
The police department has recently tested for the position of sergeant. JeffMagler has tested the
highest. I would recommend that he be promoted to the position of patrol sergeant effective Sept.
I,J998. He would be filling the position vacated by the promotion of Bruce Klosowsky to Captain.
!~t~~~~ 13 year veteran of the department. He will be a great addition to the management staff
..:-........:::::::::::::
...::::::::::::
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1
RESOLUTION 98-
Approving Full-Time Employment of
Jeffrey Magler as Sargeant
.
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
full-time employment of Jeffrey Magler, from and after September 1, 1998, for a
probationary period of one year, is hereby approved; and that as compensation for
services the said Jeffrey Magler shall receive salary in accordance with the agreement
between the City of Stillwater and Minnesota Teamsters Public and Law Enforcement
Employees' Union, Local No. 320.
Adopted by Council this 1 st day of September, 1998.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
.
.
.
.
.
MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Agreement with Midwest Spine
Institute for financing Zamboni
DA: August 27, 1998
Discussion:
Council previously approved the proposal from Midwest Spine Institute to allow Midwest to
help fund the purchase of the Zamboni ice resurfacer in exchange for the right to place
advertising on the Zamboni per the following conditions:
1. Midwest would pay $60,000 to the City per the payment schedule shown under article
2b of the agreement.
2. Midwest would be allowed to place advertising on each side of the Zamboni. The
City would reserve the right to place the "Ponies" logo on the front and/or back of the
Zamboni.
3. Midwest would have the right to advertise for the useful life of the machine (Le., for
at least 15 years)
4. Midwest would be given a first option for the exclusive advertising rights on any new
or replacement Zamboni in the future.
5. The Zamboni to be painted white to provide flexibility for corporate advertising.
Recommendation:
Council adopt Resolution approving the agreement between City of Stillwater and Midwest
Spine Institute for the financing of the Zamboni resurfacing machine.
diA1
! t
MAGNUSON LAW OFFICE
6124395641
ADVERTISING AGREEMENT
This Agreement is made this ____ day of _____.___.____..___._i 1998, by and
between the City of Stillwater ("CityH) and Midwest Spine Institute, P.A. arid Midwest
Orthopaedics ("Midwest").
RECITALS
1. lntroduction. The City has constructed theSt. Croix Valley Sports Complex
located in the City purchased a Zamboni (ice resurfacing machine) for the ice
arena, and for the exclusive use at the St. Croix Valley SportsComplex. The City
has the right to grant, lease and sell advertisilJ.sspace on the Zamboni and desires
to enter into a long term advertising agreement with Midwest~dwest are
medical providers desirous of purchasing advertising spaCe. qU the Zmnboni.
2. Consideration. In consideration of the mutual coveQantc; and promises set fort~
herein, and in further consideration of the payments promised, the panies agree as
follows:
a.
Pa.YDJccm. City, in consideration of sixty thousand and nolI 00 dollars
($60,000..0.0.) paid to it as set forth below, does herl::bygtant,lease and sell
to Midwest the right to advertise.Qn the 'zambom .~ocated in the Sports
Complex, Stillwater, Minnesota,.'during the 4sefullife of the Zamboni.
Midwest, at its expense, must aITapge for any painting, de~ng or
lettering of the Zamboni, and any re~inting, relettering or redecaling, if
necessary or as Midwest may desire,during the leas(;\ pedod.
b. Terms ofP~vmellt. Midwest must pay the City the sum of sixty titousand
and nollo.o. dollars ($60.,0.0.0.00) asf~llows: twenty thousand and no/lo.O
dollars ($20.,0.0.0.,0.0.) within thirty (30.) days from titetime the Zamboni is
placed in operation (estimated to be December I; .:1998) and four thousand
a,:ld nol1o.o. dollars ($4,0.00:00.) each year thereatterto be paidon or before
the first day of the month of the anniversary in which .the Zamboni was
first placed in service for each of the folJo~ng years 1999, 20.0.0., 200. I,
2002, 20.0.3, 20.0.4,20.0.5,2006, 2007, and 200.8. .
c. Term of Advertisement. During the reml of this A~ement~ and upon full
payment (i.e., $60,000..00.) Midwest Will have the right to advertise on the
Zamboni. Further, upon full payment; Midvlest Yv;llbave. the right to
continue advertising, without further payment to the City, e,)O the Zamboni
during the remainder of its useful life.
, ,
P.02
.
.
.
MAGNUSON LAW OFFICE
6124395641
p.a2
.
l,t Example: If the Zambonioperates for fifteen (15) years, Midwest will
not be required to make any paymenfbeyondthe first ~en(10) years.
During the last five (5) years of\J.seful life in ~hi5 eXatnple, Midwest will
have no further obligation to. the CitY even though the lamboni continues
to advertise Midwest. Midwest wilJ.Continue to be responsible for
painting and repainting its advertising.
2nd Example: In the event the Zamboni does not last ten (10) years, the
City is responsible for providing a. new Zamboni .~dMidwest will, upon
full payment of the sixty thousand and no/lOG doHat's ($60,000.00) during
the first ten (10) years of this Agreernent, as provided in Section 2 above,
be entitled to five (5) free years of advertising on. the n~w Zamboni.
d. Nature of Riiht to Advertise. The right granted to Midwest to advertise
on the Zambon.i is an exclusive fight to', advertise On the full side panels,
and no other private commercial Sp~)1iSOr'Or 'advel.'tiserwiHbe permitted to
advertise on the front and rear panels ofth~ Zamboni.4uring the life of this
Agreement. The City reserVes the right to aUowthe Stillwater High
School "Pony" emblem be affixed to the front andi~ii panels of the
Zamboni. '
e.
Option. In addition to advertising as $et forth above, the City grants
Midwest a first option to purchase advertising on llilyother Zambeni
owned or acquired by the City, including any Zanib(;n~' ioqe placed in
service for the period beyond th~ term of~~vertisement provided in
Section 3 above.
.
f. Breach by Midwest. In the event Mjdwest f~ils to make payments as
specified and Midwest fails to cUre soodbreach vviiliUi thirty (30) days
after notice by City, City may, at its opti~n, send M~d\Ve~ notice of
tennination of this Agreement and replace Midwest' $ advertising with that
of a new sponsor.
g. Notices. Any notices to a party shall be addressed an4 sent by registered or
certified mail, return receipt requesteq and p<lstage pt~paid as follows:
City Clerk
City of Stillwater
216 North Fourth. Street
Stillwater, MN 55082
Midwest SpipeInstitute, P .A.
. 1950 curve Crest Boul~v~
. Siillwater,MN55082
2
.
! ,
Dated:
Dated:
MAGNUSON LAW OFFICE
6124395641
h.
Severabilitv. The terms of this Agreement are s~verable. In the event a
court of competent jurisdiction holds any part of this Agreement invalid or
unenforceable, the remainini terms of this Agreementwi!l continue to be
enforceable against the parties.
I.
-aindini Effect. This Agreement willJ~e binding on .the parties hereto,
together with their successor corporations or any new corporation, entity
or organization fonned through purchase, merg~r or~cquisition.
J.
ModificatioO. This Agreement may bemodjfled only in ""'riting, signed
by the parties hereto or their successors or assigns.
k.
Entire AgreemeQt. This writing constit'4tes the entire agreement of the
parties with respect to the advertising space on the Ci:tY's Zamboni. The
terms of this Agreement will supersede any prior or <:;ontemporaneous oral
discussions or VvTitings pertaining t.o this Agreement. .
CITY OF STILL \VATER
By
Jay L. Kimble, Mayor
ATTEST:
Modi Weldon,Clerk
MIDV/ESTSPINEINSTITUTE, P,A.
Dated:
By
Its
MIDWEST ORTHOPAEDICS
By
Its,
3
P.05
.
.
.
SERVING:
Anoka
Anoka County
Apple Valley
Arden Hills
Austin
.e
ington
Iyn Center
Brooklyn Park
Buffalo
Burnsville
Carver County
Champlin
Chanhassen
Chaska
Circle Pines
Cokato
Columbia Heights
Coon Rapids
Cottage Grove
Crystal
Dakota County
Deephaven
Delano
Eagan
Eden Prairie
Edina
Excelsior
Falcon Heights
Farmington
Fridley
Golden Valley
Hennepin County
Hilltop
Hopkins
Inver Grove Heights
Jordan
Lake Elmo
Lakeville
Landfall
Lauderdale
Lexington
Lino Lakes
Little Canada
Long Lake
Mahtomedi
Eto
ood
ota Heights
Minneapolis
Minneapolis Park Board
State of Minnesota
Minnetonka
Mound
Moundsview
New Brighton
New Hope
Newport
North Mankato
North SI. Paul
Oak Park Heights
Oakdale
Orono
Osseo
Plymouth
Prior Lake
Ramsey County
Richfield
Robbinsdale
Rockford
Rosemount
Roseville
SI. Anthony
SI. Louis Park
SI. Michael
SI. Paul
SI. Paul Park
SI. Peter
Savage
Scott County
Shakopee
Shoreview
Shorewood
South SI. Paul
Spring Lake Park
Spring Park
~Iwater
Bay
States Government
Clnais Heights
Washington County
Waverly
Wayzata
West SI. Paul
White Bear Lake
Wright County
United States '?'
August 1 8, 1 998
Ms. Sue Fitzgerald, Planner
City of Stillwater
216 No. 4th St.
Stillwater, MN 55082
Dear Sue,
Enclosed please find the following:
Bench Corporation
3300 SNELLING
MINNEAPOLIS, MINNESOTA 55406
TELEPHONE 612/721-2525
FAX: 612/721-2222
List of bench locations for license renewal
Our check in the amount of $210.00 for 14 bench permits at
$15.00 each.
Your copy of the 1999 Certificate of Insurance will be forwarded as soon
as we receive it.
Thank you.
Sincerely,
~~
Scott R. Danielson
U.S. Bench Corporation
SD/mk
enc.
r:jfJp9f
l
~
SERVING THE TRANSIT RIDER fOR OVER A HALf CENTURY WImOUT COST TO THE TAXPAYER
8/18/98
STILLWATER LOCATIONS FOR LICENSE RENEWAL
COR
NE
E/S
~~E
NE
Nt..)
i"'~
;:>t.
StJ
SE
NE
NI,..)
NE*DB
IA/S
SE
SI,,)
LOCATI ON
.
----------------------------------------
HWY 36 OFF RAMP ~ STILLWATER BLVD
MARKET DR BETW CURVE CREST & ORLEANS
MARKET DR ~ CURVE CREST BLVD
OWENS N ~ MYRTLE
STILLWATER BLVD(CO RD 5) ~ CROIXWOOD
OSGOOD ~ ORLEANS-65TH ST
CURVE CREST BLVD ~ GREELEY 8T
MARKET DRIVE ~ ORLEANS
NORTHWESTERN BLVD ~ N FRONTAGE RD
OSGOOD dJ 62ND ST
OLIVE dJ PINE TREE TRAIL
WASHINGTON BETW N FRONTAGE RD dJ TOWER DR
ORLEANS dJ STILLWATER BLVD
ORLEANS ~ WASHINGTON
.
.
.
.
.
~iJw~te\
THE BIRTHPLACE OF MINNESOTA i)
REQUEST FOR INSTAllATION OF BANNER
1. APPLICANT
2.
ORGANIZATION
~
3.
ADDRESS
TELEPHONE
4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS:
~ LJ~ ;5~
5. BANNER LOCATION REQUESTED:
~
D
D
Main Street at Olive Street (Mad Capper)*
North Main Street - 100 Block (Kolliners)*
Chestnut Street at Union Alley (Firstar Bank)
*MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
6. DATES TO BE DISPLAYED: OdJ.jq#-, - '/Lrv. 5rd } )0q g
7. COMPANY INSTALLING BANNER: )~ 1.....uJo ~
Address;2cA~ ~ s-l. Phone t.f-39-{J(ProLj
FOROFFICE USE ONLY
-----~------,
i
I
I
.1
D City
D MnDOT
. Date:
. Date:
(Required forM ainStreetLoc;ations)
Installefverification
Date:
BANNER REQUIREMENTS ATTACHED
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612.439.6121
. '
.
.
.
MEMORANDUM
August 26, 1998
TO: Mayor and City Council
FROM: Nile Kriesel
City Coordinator
SUBJECT: Proposed Cooperative Construction Agreement No. 77535
TH 36 Park and Ride Lot
DISCUSSION:
Attached is the agreement between Mn/DOT and the City that provides for a lump
sum payment to the City for the State's share ofthe costs for the construction ofthe park
and ride lot near Trunk Highway 36.
Klayton and Steve will be available to answer any questions at Tuesday's meeting.
ACTION REOUlRED:
If Council desires to enter into this agreement they should pass a motion adopting
Resolution No. 98_, RESOLUTION APPROVING COOPERATIVE
CONSTRUCTION AGREEMENT NO. 77535 BETWEEN MN/DOT AND THE
CITY OF STILLWATER.
4f~
RESOLUTION NO. 98-
RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT .
NO. 77535 BETWEEN MN/DOT AND THE CITY OF STILL WATER
IT IS RESOLVED that the City of Stillwater enter into Mn/DOT Agreement No. 77535
with the State of Minnesota, Department of Transportation, , hereto attached as Exhibit
A, for the following purposes:
To provide for a lump sum payment in the amount of $252,868.25 by the State to the City
as the State's full and complete share of the costs of the design, construction and
construction engineering for the park and ride lot to be built in connection with the
construction ofthe Stillwater Community Center/Sports Facility at Curve Crest
Boulevard and Market Drive near Trunk Highway No. 36 within the corporate City limits
under State Project No. 8214-135 (T.H. 36=045).
BE IT FURTHER RESOLVED that this agreement is hereby approved and the Mayor
and City Clerk is authorized to sign said Agreement on the City of Stillwater's behalf.
Adopted by the City Council of the City of Stillwater this 15t day of September, 1998
Jay Kimble, Mayor
.
ATTEST:
Modi Weldon, City Clerk
.
.
.
.
"
Mn/DOT
AGREEMENT NO.
DESIGN
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
The State of Minnesota
Department of Transportation, and
The City of Stillwater
Re: State lump sum payment for park
and ride lot design and
construction by the City at
Curve Crest Boulevard and Market
Drive near T.H. 36
77535
S.P. 8214-135 (T.H. 36=045)
State Funds
AMOUNT ENCUMBERED
S252.868.25
AMOUNT RECEIVABLE
(None)
~
Mn/DOT Accounting Information:
Vendor Number:
Fiscal Year:
Fund:
Org/Sub:
Contract:
Order:
N umber/DatelEntry Initials
Budget Office:
Agency: T -79
Amount:
N umber/Date/Signatures
[Individual signing certifies that/unds have been
encumbered as required by Minn. Stat. * 16A.15.]
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Stillwater, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
1
77535
WHEREAS, the City is about to perform park and ride lot construction
in connection with the construction of the Stillwater Community
Center/Sports Facility at Curve Crest Boulevard and Market Drive near
Trunk Highway No. 36 within the corporate City limits in accordance
with City-prepared plans, specifications and/or special provisions
under State Project No. 8214-135 (T.H. 36=045); and
WHEREAS, the City has requested participation by the State in the
costs of the park and ride lot design and construction; and
WHEREAS, because the park and ride lot will contribute to the overall
efficiency of the State's trunk highway system, the State is willing
to participate in the costs of the design ($16,649.25), and
construction and construction engineering ($236,219.00) for the park
and ride lot in a lump sum amount equal to $252,868.25 as hereinafter
set forth; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City did receive bids and award a construction contract to the
lowest responsible bidder in accordance with City-prepared plans,
specifications and/or special provisions for the construction of the
Stillwater Community Center/Sports Facility and associated park and
ride lot construction. Execution of this Agreement shall constitute
concurrence by the State in that award. The contract construction
shall be performed in accordance with City-prepared plans,
specifications and/or special provisions which are on file in the
2
'-
.
.
.
77535
.
office of the City's Engineer, and are made a part hereof by
reference with the same force and _effect as though fully set forth
herein.
Section B. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the park and ride lot construction shall be open to
inspection by the State's Metropolitan Division Engineer at Roseville
or his authorized representatives. The City shall give the State Aid
Agreements Engineer five days notice of its intention to start the
park and ride lot construction.
Responsibility for the control of materials for the park and ride lot
construction shall be on the City and its contractor and shall be
.
carried out in accordance with Specifications No. 1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction".
.
Section C. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State Division Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section D. Plan Changes. Etc.
All changes in the plans, specifications and/or special provisions
for the park and ride lot construction and all addenda, change orders
and/or supplemental agreements entered into by the City and its
contractor for the park and ride lot construction must be approved in
writing by the State Division Engineer's authorized representative.
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Section E. Compliance with Laws. Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations.
.
Section F. Right-ot-Way. Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and/or any other
permits and sanctions that may be required in connection with the
contract construction. Prior to advance payment by the State, the
City shall furnish the State with certified copies of the documents
for those rights-of-way and easements, and certified copies of those
construction permits and/or other permits and sanctions required for
the park and ride lot construction.
The City shall submit to the Minnesota Pollution Control Agency the 4It
plans and specifications for the construction or reconstruction of
its sanitary sewer facilities to.be performed under the construction
contract and obtain, pursuant to Minnesota Statutes Section 115.07 or
Minnesota Rules 7001.1030, subpart 2C, either a permit or written
waiver from that agency for that construction or reconstruction to be
performed under the construction contract. The City is advised that
pursuant to Minnesota Rules 7001.1040, a written application for the
permit or waiver must be submitted to the Minnesota Pollution Control
- .
Agency at least 180 days before the planned date of the sanitary
sewer facility construction or reconstruction.
ARTICLE II - PAYMENT BY THE STATE
The State shall advance to the City, as the State's full and complete
share of the costs of the park and ride lot design, construction and
construction engineering to be performed in connection with the
construction of the Stillwater Community Center/Sports Facility at
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Curve Crest Boulevard and Market Drive near Trunk Highway No. 36
within the corporate City limits under State Project No. 8214-135
(T.H. 36=045), a lump sum in the amount of $252,868.25.
The State shall advance to the City the lump sum amount after the
following conditions have been met:
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt by the State from the City of certified documentation for
all of the right-of-way and easement acquisition required for the
park and ride lot construction, and the approval of that
documentation by the State's Land Management Director at
St. Paul.
C. Execution and approval of this Agreement and the State's
transmittal of same to the City.
D. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that the park and ride lot construction is a part of a
construction contract which has been executed by all necessary
parties.
ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY
The City shall keep records and accounts that enable it to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all park and
ride lot construction.
B.
Copies of the endorsed and canceled City warrant(s) or check(s)
paying for final park and ride lot construction, or computer
documentation of the warrant(s) issued, certified by an
appropriate City official that final payment has been made.
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C.
Copies of all park and ride lot construction change orders and/or
supplemental agreements.
.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
1. Satisfactory performance and completion of all park and ride
lot construction in accordance with City-prepared plans,
specifications and/or special provisions.
2. Acceptance and approval of all materials furnished for the
park and ride lot construction relative to compliance of
those materials to the State's current "Standard
Specifications for Construction".
3. Full payment by the City to its contractor for all park and
ride lot construction.
.
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the park and ride lot construction.
F. A copy of the "as built" plan sent to the State Aid Agreements
Engineer.
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings
The City shall furnish its contractor with new castings and/or parts
for all inplace City-owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
Section B. Maintenance by the City
Upon satisfactory completion of the park and ride lot construction to
be performed within the corporate City limits under the construction
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77535
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contract, the City shall provide for the proper maintenance of the
lot and all of the facilities a part thereof, without cost or expense
to the State. Maintenance shall include, but not be limited to,
snow, ice and debris removal, resurfacing and/or seal coating and any
other maintenance activities necessary to perpetuate the lot in a
safe and usable condition.
Upon satisfactory completion of the storm sewer facilities
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for the proper
maintenance of those facilities, without cost or expense to the
State.
.
Upon satisfactory completion of the walkways construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
walkways, without cost or expense to the State. Maintenance shall
include, but not be limited to, snow, ice and debris removal and any
other maintenance activities necessary to perpetuate the walkways in
a safe and usable condition.
Upon satisfactory completion of the lighting facilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of and keep in repair those facilities, without cost or
expense to the State. The City shall also provide the necessary
electrical energy for their operation, without cost or expense to the
State.
Section C. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
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77535
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
Division Hydraulics Engineer at Oakdale and is made a part hereof by
reference with the same force and effect as though fully set forth
herein.
.
Section D. Future Responsibilities
Upon satisfactory completion of the park and ride lot construction to
be performed within the corporate City limits under the construction
contract, the City shall accept ownership of the park and ride lot
and shall accept full and total responsibility and all obligations
and liabilities arising out of or by reason of the use, operation,
maintenance, repair and/or reconstruction of the park and ride lot
and all of the facilities a part thereof constructed hereunder,
without cost or expense to the State.
Section E. Examination of Books. Records. Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the .
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the State auditor as appropriate, for a minimum of six
years from final payment.
Section F. Claims
All employees. of the City and all other persons employe~ by the City
in the performance of contract construction, construction engineering
and/or maintenance covered under this Agreement shall not be
considered employees of the State. All claims that arise under the
Worker's Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and all claims made by any third parties
as a consequence of any act or omission on the part of the employees
while so engaged on contract construction, construction engineering
and/or maintenance covered under this Agreement shall in no way be
the obligation or responsibility of the State. .
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77535
Section G. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section H. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek,. Municipal/Utility Agreements
Engineer, or her successor. Her current address and ~hone number. are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Klayton Eckles, City Engineer, or his successor.
His current address and phone number are 216 North 4th Street,
Stillwater, MN 55082, (651) 439-6121.
9
77535
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
.
DEPARTME~ OF TRANSPORTATION
CITY OF STILLWATER
Recommended for approval:
By
Mayor
By
Division Engineer
Date
Approved:
By
By
State Design Engineer
Date
(Title and Date)
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF ADMINISTRATION
Approved as to form and execution:
.
By
By
Assistant Attorney General
Date
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
State of Minnesota
County of Washington
This Agreement was acknowledged before me this
. . day of
, 1998, by
and
(Name)
, the Mayor and
(Name) (Title)
of the City of Stillwater, and they executed this Agreement on behalf of
the municipality intending to be bound thereby.
My Commission Expires
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Notary Public
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MEMORANDUM
August 26, 1998
TO: Mayor and City Council
FROM: Shawn Sanders ~,
Civil Engineer
SUBJECT: Authorizing Execution of Sub-grant Agreement with the Minnesota
Department of Public Safety Division of Emergency Management
DISCUSSION:
Following a major disaster declaration, federal and sate funding is made available
to assist eligible agencies to recover from the effects ofthe disaster. Once an application
for federal assistance has been approved the City would be provided with a State of
Minnesota Department of Public Safety Division of Emergency Management Sub-Grant
Agreement. This agreement would stipulate the approved grant amount and the terms of
the grant.
To start the process in recovering costs from the storm in June, attached is a
resolution authorizing the execution of sub-grant agreement and designating a person
who would be authorized to execute and sign such agreements and amendments to
implement the work on behalf of the City.
Klayton will be available to answer any questions on this item Tuesday evening.
ACTION REQUIRED:
If Council wishes to ent~r into the sub-grant agreement, they should pass a motion
adopting Resolution No. 98- , RESOLUTION AUTHORIZING EXECUTION OF
SUB-GRANT AGREEMENT
RESOLUTION NO. 98-
RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT
.
BE IT RESOLVED THAT the City of Stillwater enter into a Sub-grant Agreement with the
Division of Emergency Management in the Minnesota Department of Public Safety for the
program entitled Infrastructure Program for FEMA 1225 DR-MINNESOTA.
BE IT FURTHER RESOLVED that Klayton Eckles, City Engineer is hereby authorized
(to execute and sign such Sub-grant Agreements and amendments as are necessary to implement
the project on behalf of the City of Stillwater.
Adopted by the City Council of the City of Stillwater this 1st day of September, 1998
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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MEMORANDUM
August 26, 1998
TO:
Mayor and City Council
FROM:
SS.
Shawn Sanders, Civil Engineer
SUBJECT: Assessment Roll Preparation and Calling for Hearing
1998 Street Reconstruction, Project 9802 ,
Curve Crest Boulevard Street Rehabilitation, Project 9803
DISCUSSION:
These projects are substantially completed. In order for these projects to be certified to
the County this year the assessment rolls must be prepared and the hearings scheduled for
October 6, 1998.
The projects were bid together to receive the best possible bid price. The costs for each
project will be determined and the assessment rolls will reflect each project cost.
RECOMMENDATION:
Staff recommends that Council authorize the preparation of the assessment rolls and call
for the hearings on the above projects to be held on October 6, 1998 at 7:00 p.m.
ACTION REQUIRED:
If Council concurs with the recommendation they should pass a motion adopting the
following resolutions:
1. RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR 1998 STREET
RECONSTRUCTION (SO. 1sT STREET AND SURROUNDING AREAS,
PROJECT 9802, L.I. 334).
2. RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR CURVE CREST
BOULEVARD STREET REHABILITATION (pROJECT 9803, L.I. 335).
3. RESOLUTION CALLING FOR HEARING ON PROPOSED
ASSESSMENT FOR 1998 STREET RECONSTRUCTION (SO. 1sT
STREET AND SURROUNDING AREAS, PROJECT 9802, L.I. 334).
4.
RESOLUTION CALLING FOR HEARING ON PROPOSED
ASSESSMENT FOR CURVE CREST BOULEVARD STREET
REHABILITATION (PROJECT 9803, L.I. 335).
,
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MEMORANDUM
TO:
Mayor and City Council
Shawn Sanders, Civil EngineerS> .
FROM:
DATE:
RE:
August 26, 1998
Sanitary Service Installation for 1213 Fourth Avenue
DISCUSSION:
During the past week, the homeowner at 1213 Fourth Avenue was planning to
connect to their house to the sanitary sewer main. While digging for the service, it was
found that the sanitary service wye was installed and no sanitary service pipe was
installed for this lot when the Southeast Area Sanitary Sewer Project was constructed
back in 1994. Since this property was assessed for the project, and no service was
installed, the City should consider funding the installation cost of the sanitary service to
the property line.
We have received three quotes for the installation of the sanitary service:
Fuhr Trenching
Miller Excavating
C.W. Houle
$2650.00
$2690.00
$5190.00
All quotes include the restoration ofthe street and curb.
Fuhr Trenching has performed similar sewer connections in the area and should
do the work satisfactorily.
ACTION REOUIRED:
Council should review the quotes and pass a motion adopting Resolution No.
98-_, ACCEPTING QUOTATION FROM FUHR TRENCHINGFOR
SANITARY SERVICE INSTALLATION to the property line at 1213 Fourth Avenue.
RESOLUTION NO. 98-
ACCEPTING QUOTATION FROM FUHR TRENCHING
FOR SANITARY SERVICE INSTALLATION
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the quotation from Fuhr
Trenching to install a sanitary service at 1213 Fourth Avenue is hereby accepted at a cost of
$2,650.00.
Adopted by Council this 1st day of September 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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PLANNING APPLICATION REVIEW FORM
CASE NO. SUB/98-52
Planning Commission Date: August 10, 1998
Project Location: 309 East Willow Street
Comprehensive Plan District: Single Family Residential
Zoning District: RA
Applicants Name: Daniel Kalman
Type of Application: Resubdivision
Project Description: A resubdivision of Lot 5, Block 42, Carli & Schulenburg's
Addition.
History: Lot 1 was purchased by the owner of 301 East Willow Street last year, but
was not recorded with the City. Lot 2 is being purchased by the buyer of the home at
309 East Willow Street.
Discussion: The request is to resubdivide a 50' x 150' parcel into two parcels. Lot 1
(50' x 100') would merge with 301 East Willow Street. The remaining Lot 2 would
merge with 309 East Willow Street. The 50' x 50' parcel would merge with 309 East
Willow Street parcel.
Conditions of Approval:
1. Approval of City Engineer.
2. Legal survey to be recorded.
3. Sign awaiver of the right to object to the assessment of municipal sewer and water.
Recommendation: Approval as conditioned.
Attachments: Application form and parcel map
CPC Action on 8-10-98: +7-0 approval
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Case No: Uf!,ft9Jrf:i ,
Date Filed:
Fee Paid: c/I /tJO
Receipt No. : {, I ~ 7.s-
PLANNING ADMINISTRATION FORM
.
ACTION REQUESTED:
FEE
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
_ Certificate of Compliance $70
_ Conditional or Special Use Permit $50/200
_ Design Review $25
_ Planned Unit Development* $500
Variance $70/200
_ Comprehensive Plan Amendment* $500
_ Zoning Amendment* $300
Subdivision* $100+$50/lot
-2S. Resubdivision $100
Total Fee . /~cJ. t!JO
*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.
Address of ProjecA -,. '3oq ~ tJ,'I!o~ ~.J.,
Zoning District --'5fJ" Description of Project
11 tD t:. ~/,.-t:
"1 hereby state the foregoing statements and all data, information and evidence submitted herewith in
all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply
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Attention: Stillwater Planning Commission
Steve Russell
Community Development Director
City Hall
216 N. 4th St.
Stillwater, MN 55082
With the permission of Don Roettger owner of the following property, I am writing to
request a lot split, ( Nl/2 oflot 5 Block 42 "Dutch Town"). I have lived in this
neighborhood for the past 9 months, and now wish to purchase the house and property of
309 E Willow St., to restore and homestead it. Along with this property I would like to
purchase the ElI3 of the N 1/2 oflot 5 (one third ofa 150 x50 parcel owned by the same
sell~r OQn Ro~ttg~r) 1'h!~ wQ\llg allQw fQf the other '2/3 Qftl1e N 1/2 Qflot 5 to be ~Qld to
Homeowners at 307 and 301 E willow. We are requesting this split for the following
reasons.
· The three properties that make up lot 6 ,to the north of the N1/2 oflot 5, would all be
enlarged to 50'x 150' parcels. An additional 50'x 50' section to each orie.
· Because there is no city water, storm or sewer systems in place. Homeowners must
rely on drainfieldseptic systems. This additional section from lot 5 is needed to
improve a currently outdated drainfield system of the middle 1/3 oflot 6 (307 E
Willow St.). It will also help to reduce the overall density of drainfields in this area
between the south side of the SlIi of tot 6 and the N side of the Sl/i of tot 5. .
· Improving this septic system will help prevent any possible future well quality or health
risks to homeowners down gradient in the neighborhood.
· Willow St. is narrow and steep making on street parking limited and dangerous durin~
icy winter and rainy summer conditions. Deeper lots would allow residents ample
room for off street parking, and improve road conditions on already narrow streets.
· It would increase the size of the three lots in block 6 too a more comparable lot size of
suIToonding Iots.{ eight lots, 150 x 50 within a 1 block radius)
· Homeowners from lot 6 are aU in favor of the lot split.
Sincerely,
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET' SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082
TELEPHONE: (6]2) 439-9464' TELECOPIER: (6]2) 439-564]
DAVID T. MAGNUSON
RICHARD D. ALLEN
MEMORANDUM
TO: Mayor, City Council and Staff
FROM: David T. Magnuson, Stillwater City Attorney ~ V
DATE: August 27, 1998
SUBJECT: Tunnel License Beneath Commercial Street
Some time ago Jeanne Anderson requested a license to use the existing tunnel beneath
Commercial Avenue that connects what was the old Connolly Shoe building to the former new
Conoco building, recently owned by West Publishing Company. This tunnel was constructed
some years ago and used routinely by Conoco when the buildings were under common
ownership. It has fallen into disuse since the buildings have been under different ownership and
now the Andersons plan to buy the West Publishing building and the two (2) buildings will again
be under common ownership and they would like to use the tunnel and to formalize its
existence.
The tunnel has been inspected by the Fire Chief, Building Inspector and Engineering department
and it appears safe and fit for use. Accordingly, I have prepared the enclosed license for
consideration by the City Council. Its terms are acceptable to the Andersons.
DTM/ds
Enclosure
,
MUNICIPAL LICENSE
.
The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a
license to James and Kay Anderson (Andersons) and Marine Leasing, LLP (Marine) on the
following terms and conditions:
1. The street that is subject to this license is an area described as follows:
A portion of Commercial Street between the Connolly Shoe
Building located at 123 South Second Street and the West
Publishing building at 201 North Second Street.
2. The Andersons and Marine and their invitees are granted a non-exclusive right to use
the street to operate an existing tunnel beneath the surface with the street now connecting the
buildings under their common ownership on either side of the tunnel terminuses.
3. The rights granted are non-exclusive and are subject to the superior right of the City
who may, at any time, preempt any rights granted by this license for any public purpose.
4. The tunnel must be used in a manner that will not, in the opinion of the City, block or
impede pedestrian traffic. The area must be kept free of trash or storage and regularly swept.
The tunnel may not interfere with any public utilities located in the street or the street surface.
.
5. This license is granted on an "at will" basis with no assurances of renewal, and no
vested rights of any sort may be obtained by use of the tunnel.
6. The City reserves the right to impose additional conditions on this license, if needed,
to protect the health, safety and welfare of the City and the right to inspect the tunnel at such time
as they see fit upon twenty-four (24) hour notice given in advance.
7. This license will be in effect immediately and will terminate, if not sooner by thirty
(30) days written advance notice.
8. In view of the uncertain term of the license and the limited rights granted, no license
fee will be charged.
9. That the licensee must insure the tunnel in an amount of at least six hundred thousand
and nolI 00 dollars ($600,000.00) of combined limits and must name the City as an additional
insured on the policy "as its interest might appear" and must provide the City with a Certificate
of Insurance evidencing such coverage.
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10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from
any claims, cause of action, suits or injuries that might arise or grow out of its use of the property
and the exercise of its rights under this license.
II. This license is effective when accepted by the Andersons and Marine and evidence of
insurance required by ~ 7 is presented to the City.
Approved by the City Council of the City of Stillwater this
,1998.
day of
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Modi Weldon, Clerk
ACCEPTANCE
The terms of this license are accepted by the undersigned this _ day of
,1998.
James Anderson
Kay Anderson
MARINE LEASING, LLP
By
Its
2
MEMORANDUM
.
TO: Mayor and Council
FR: City Co~rdinator
RE: No parking on South 2nd
Street
DA: August 28, 1998
Discussion:
I have discussed the parking situation on South 2nd Street (Chillakoot Hill) with City staff
and it is our recommendation that parking not be allowed on either side of the street
between Nelson and Pine streets. Although there has not been many traffic incidents
related to parking on this section of street, the potential for traffic accidents exists
because of the grade of the street and especially because it is a very narrow street.
Recommendation:
Council adopt resolution establishing no-parking on South 2nd Street between Nelson and
Pine streets.
.
4(A-
.".
.re,
MEMORANDUM
.
TO: Mayor and Council
FR: City Coordinator
RE: Tax forfeited lands
DA: August 27, 1998
Discussion:
I have attached maps showing certain parcels of land that are available to the City due to
tax forfeiture. The Parks and Recreation Commission is recommending that the City
acquire Lots 17 and 18 of Radles Hilltop Addition for future parks and open space
consideration. I would also recommend that the City acquire the parcel shown on map 2.
This parcel appears to be part of Tuenge Drive and Shelton Drive. Apparently some
defect in the platting of this area excepted this parcel from the street right of way. For
your information, the City can acquire these parcels at no cost to the City.
The other parcels shown on maps 3,4 and 5 are buildable lots in the Oak Glen area and
upon their sale the City should receive a portion of the assessments that were levied
. against the parcels when they went tax forfeit.
Recommendation:
Council adopt a Resolution authorizing acquisition of tax forfeit lands.
~~
.
'l
WASHINGTON COUNTY!'.
I ;
R.H. STAFFORD, AUDITOR-TREASURER 1
14900 51ST STREET NORTH. P.O. BOX 5. STILLWATER, MINNESOTA 55082;>00&
L~__--------~~~-~ --
:aJN 29
!~~.... -'.
Jv.......'-'
FAX: (612) 430-6178
.
Administration
430-6181
June 24, 1998
Elections
430-6188
Finance-Taxation
430-6175
Land Records
430-6183
Nile L. Kriesel
City of Stillwater
216 N 4th Street
Stillwater, MN 55082
Dear Mr. Kriesel:
Enclosed is a classification listing of non-conservation land located in your city. The parcels described in
the listing forfeited to the State of Minnesota for non-payment of property taxes.
As required under M.S. 282.01, we request that you approve the parcel(s) for public auction or request
conveyance to your city for public use.
We require a certified copy of the City Council Resolution authorizing any action taken. If you request
that a parcel be conveyed to your city, you must also complete the form" Application by a Governmental
Subdivision for Conveyance of Tax-Forfeited Land" and mail it to this office. This application will be .
contingent upon DNR's approval ofthe classification and sale or repurchase by a prior owner.
The enclosed list also indicates parcel with special assessments which were levied before the forfeiture
and were canceled at forfeiture. Total amount is indicated on the very last column of this list. I have
attached the breakdown of that amount. Please review this list and indicate any amounts involved that is
not listed on this notice. Special assessments which were canceled at forfeiture will be paid to you out of
the proceeds of the sale of the property. Special assessments which are levied after the forfeiture should
be certified to this office on the list provided. They will be added to the appraised value and paid from the
sale price.
Please be advised that, if the City Council fails to respond within ninety (90) days of the date of this
letter, the sale will be deemed to be approved.
If you have any questions, please feel free to contact me at 430-6192.
Sincerely,
R. H. Stafford
Au~i~llreasurer
~ .-1/ 4,,-~
By Charissa H.4"ado (/
Account Clerk III
LICENSE CENTERS: Forest Lake 464-7500 . Stillwater 430-6176 . Woodbury 731-5780
.
Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age and handicapped status in employment or the provision of services.
:.r
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CITY OF STILLWATER
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Vidnity Map
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Scale in Feet
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MUNICIPALITY:
CITY OF STILLWATER
10600-2760
20.030.20.13.0006
--
10600-3000
20.030.20.13.0016
10600-3426
R20.030.20.41.0024
.
,r
20-Aug-96
20-Aug-96
20-Aug-96
~---
SPECIAL ASSESSMENT CERTIFIED IN THE PAST YEAR I
AND ITS REMAINING BALANCE
These are assessments that were levied hefore forfeiture and were cancelled due to forfeiture. It includes all I
ssessments scheduled to be paid in past years. the current year. and future years. These will be paid to you ou
lof the proceeds of the sale of the property through the settlement process. U that is not enough to payoff the
sessments ou ma reassess the balance. .5.429.071 subd.4 435.23 444.061
" ".,.~~::::::::::::~A::::TOTAt::
ii~~"~~~:iii~:~1~I~l;l~~:i:!i~~~~}I~~~:
81845 1992 1610.42
81846 1992 4262.46
81645 1993 1810.42
81846 1993 4262.46
61645 1994 1610.42
81846 1994 4262.48
61645 1995 1610.42
81846 1995 4262.46
61645 1996 1610.42
61646 1996 4262.46
81845 1992 1810.42
81846 1992 4273.60
61845 1993 1610.42
61846 1993 4273.60
81845 1994 1610.42
81846 1994 4273.60
61845 1995 1610.42
81646 1995 4273.60
81645 1996 1810.42
61646 1996 4273.56
81845 1992 1730,32
81846 1992 4260.14
81845 1993 1730.32
81846 1993 4280.14
81645 1994 1730.32
81846 1994 4260.14
61645 1995 1730.32
61646 1995 4260.14
81845 1996 1730.30
81846 1996 4280.10
SPECIAL ASSESSMENT
PROJECT HISTORY
:.:<::):l,~,::.:.:.:: ',}'SA<',': :::':::'::/":':::':::::::,:,:,:::,':, '" No', '
pNlilW :S~rt ,@~I~\"'~fXgj.. '6tet~$t,
Nii/'\Viiiit::AiTioJ:iiifCiirtiflea:}Riitij
:::::::::::::::::::;::::::::::::: ...... :::::::;:;:::::::;:;:::::::::;:;:;:;:;:;:::: .... -............ ::::::~J~~f{)
Total
1.810.42
4,262.48
1,610.42
4,262.46
1,610.42
4,262.48
1,610.42
4,262.46
1,610.42
4,262.46
30,364.48
1,810.42
4,273.60
1,610.42
4,273.60
1,810.42
4,273.60
1,810.42
4,273.60
1,810.42
4,273.58
30.420.08
1,730.32
4,280.14
1,730.32
4,280.14
1,730.32
4,280.14
1,730.32
4,280.14
1,730.30
4,260.10
30,052.24
Total
Total
.
81845 1992
81846 1992
81845 1992
81846 1992
81846 1992
81846 1992
9,052.09
21,312.37
30,364.46
9,052.09
21,367.97
30,420.06
8,651.58
21,400.66
30,052.24
5
5
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CliWiied a I'
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1996
1996
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0.00
1996
1996
0.00
0.00
1996
1996
0.00
0.00
.. 06/18/98
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.
MUNICIPALITY:
.
CITY OF STILLWATER
SPECIAL ASSESSMENT CERTIFIED IN THE PAST YEAR I
AND ITS REMAINING BALANCE
These are assessments that were levied before forfeiture and were cancelled due to forfeiture. It includes all .1
assessments scheduled to be paid in past years, the current year, and future years. These will be paid to you ou
of the proceeds of the sale of the property through the settlement process. If that is not enough to payoff the
assessments ou ma reassess the balance. .5.429.071 subd.4. 435.23 444.061
Ifll~l~l iilll;~;ll;.~;' ....
:::::>,:~A>:::::::
~pf~jWf
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SPECIAL ASSESSMENT
PROJECT HISTORY
:<:::::.NQi,::<::: ............. <.:<:.,>:..::..
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10600-4160 20-Aug-96 81846 1992 1783.72 1,783.72 81846 1992 8,918.57 5 1996 0.00
20.030.20.44.0030 81846 1992 4280.00 4,280.00 81846 1992 21.400.00 5 1996 0.00
81845 1993 1783.72 1,783.72 30,318.57
81846 1993 4280.00 4,280.00
81845 1994 1783.72 1,783.72
81846 1994 4280.00 4,280.00
81845 1995 1783.72 1,783.72
81846 1995 4280.00 4,280.00
81845 1996 1783.70 1,783.70
81846 1996 4280.00 4,280.00
Total 30,318.68
06/18/98
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.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
TO APPLY FOR THE RECONVEYANCE OF
TAX FORFEITED LAND
WHEREAS, it has come to the attention of the City staff that certain tax forfeited land is
available for reconveyance upon the proper application being made and that it is in the best
interest of the City to apply for the reconveyance of this land for park and drainage way
purposes.
NOW, THEREFORE, BE IT RESOLVED: That the City staff is authorized to apply for
the reconveyance of the following tax forfeited parcels:
Lot 18, Block 1, Radle's Rearrangement of Sunny Slope Addition according to
the plat thereof on file with the County Recorder. GEO Code #2903020410047.
See attached Exhibit "A";
Lot 17, Block I, Radle's Rearrangement of Sunny Slope Addition according to
the plat thereof on file with the County Recorder. GEO Code #2903020410046.
See attached Exhibit "B";
Section 33, Township 30, Range 20, .10 acres PT Wl/2-Wl/2-SEl/4-SW1/4 exc
to highway, subject to easements except part platted as Forest Ridge Addition.
GEO Code #3303020340008. See attached Exhibit "C"; and
That part of Lot I, Block One, Hersey, Staples and Co.'s Addition, Washington
County, Minnesota, described in Document No.: 640292 on file in the office of
the County Recorder. See attached Exhibit "D".
BE IF FURTHER RESOLVED that the City Coordinator and appropriate City staff are
authorized to complete the necessary forms to secure the reconveyance of this property.
Enacted by the City Council of the City of Stillwater this _ day of
1998.
CITY OF STILL WATER
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, Clerk
Washington County Tax Forfeited Land
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I hereby certify that this surVey, plan, or report was
rrepared by me or under my direct supervision and that
am a duly RegistCll'ed Land Surveyor under the laws of
the S e of Minne ,~ ~
.....,.. .... ..... ....~..............................................
Date. " ..f:..U9. ......Z.,. ...1.? ~.~.. ... Reg.No... ...t~.?l.~..... .... ....
..... -
24 August 98
.
Mayor Kimble,
.
Please allow me to address the city council on the recent
complaints regarding the youth skateboarders at Northland
park. My wife and I welcome the area youth to Northland.
We also live next to the park and have gone down on occasion
to watch our children as well as others enjoy the ramps that
were placed there. We have found the kids well mannered and
willing to let the smaller kids have plenty of space as to not
cause any accidents.
I do not agree with Robin Cates on her assessment of the kids
and their activities as being a public nuisance. Before that
park had skateboarding, you had tennis, softball and VAA baseball
being the only use that park got over the summer.
Now with the addition of the skateboarding, you have more
usage from the park that otherwise would have been dormant
until hockey season. In addition to this, I as a taxpayer I
highly encourage activity there year round. That makes better
useage of my tax dollar.
I would rather have a place that kids of all ages can enjoy
instead of them trying to invent their own fun in another part
of town that can't accmmodate them. As a peace officer you know
how kids can get into trouble simply by having to little to do
and to much time to do it in.
I urge the city council to leave well enough alone. There are
more important issues to discuss than a child's game. The kids
are NOT there sun-up to sun-down. They are respectful of city
property. Please include this letter in the minutes of the next
council meeting. Thank you.
Willie Madline
2597 Bayberry Ave
Stillwater 430-2677
e
J... ~
August 26, 1998
.
Dear City Council and Planning Commission:
I am writing to you to express my concern about the 62nd street addition. My family and I
live at the top of Nightingale Blvd and we have observed the traffic flow for the last eight
years. As I have supervised and played with my children in our front yard I can attest to
the already large traffic flow and I can not imagine 600-800 more cars daily on this road
and intersection. One reason why we chose this house in Croixwood was its
affordability, the quietness of this neighborhood even though we are on the corner of
Northland and Nightingale, and the fact that Nightingale was not a through street. How
come our city seems to care more about attracting new residents and catering to new
developers then treasuring the neighborhoods that have been here for thirty years! Why
do we always have a need to change things that' are not broken! My husband and I
understand that Stillwater will continue to grow and develop but at what expense? Do not
allow existing neighborhoods to have to change for the profit of a new development.
.
I was also very surprised after attending the last open meeting that only one of the three
planning options presented did not have a through street. After the first open meeting I
would have assumed at least two of the options would represent that our voices were
heard. It is very frustrating to feel as if the concerns of your long-standing residents of
this town do not matter to you.
Equally important to me is the lack of concern you have shown over the current
watershed problem. How can we proceed with new development when there is such an
existing problem right now? We need to be more responsible with our open land space
and make sure we do not leave all these problems for our children to figure out someday.
I am tired as a taxpayer of spending additional money on development/watershed
problems that should never have been allowed to happen in the first place. Why do we
allow developers free reign and then not make them accountable for the end product?
My husband and I are asking you to listen to the voices of your residents as stated
through our letters and through the open meetings. Please do not belittle our concerns.
Please vote that the addition to 62nd street have its own access ( cul-de-sac) from Hwy 5 or
choose the 1st option which contains no through street on Nightingale Blvd. Finally,
please solve the existing watershed problem in this area before it gets worse with any
additional development. Thank you for listening to my concerns.
Sincerely,
~L ItA- Wcrod
LuAnn M. Wood
.
;."......;. .......
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August 24/ 1998
To fv1embers of the Planning Commission and t'1embers of the City
Council,
I am writing to share my views with regard to the proposed
62nd Street area development. I attended both the meetings in June
and August at City Hall and feel it necessary to write this letter to
express my concerns.
I went to the meeting in June because I had heard there was
talk about opening up the end of Nightingale. Although I agreed with
most of what was said with regards to the opposition of making
Nightingale a through street I left that meeting more concerned with
the lack of planning on the part of Stillwater city officials and the
Planning Commission with respect to the watershed problems that
had existed both prior to Marketplace being developed and the
continued problems since then. It is apparent that current problems
have not been addressed with regard to existing storm water runoff
_ and yet there is currently a plan to continue development in this part
of town without a competent plan in place to minimize the watershed
problem. Being told the city will work with the developer once again
is not an acceptable answer in my opinion. Time and time again this
has been the answer given and history (both current and past) has
proven that developers will only do the bare minimum and the
problem will still be there and we the residents are left to foot the bill
in attempts to fix the problem after' the fact. In light of the current
existing problems with drainage perhaps more consideration should
be given to reducing the number of new homes being proposed for
this area since the watershed issue is so critical and since more
development means less free land surface. We were told at the June
meeting that the fact that such a large number of current residents
were opposed to Nightingale being made a through street would be
noted and that the proposals would reflect that fact. I attended the
August meeting anxious to see what the proposed plans would be. I
was surprised to see that only one of the three proposals had taken
this opposition into consideration. But more importantly, I was both
disheartened and upset at the behavior and attitudes of the Planning
Commission. I arrived ten minutes late and as there were no seats
left I stood behind the last row of chairs. I didn't realize it at the
time but I was directly behind members of the Planning Commission.
I observed both the behavior and the comments made by these men
to each other during the entire meeting. I was concerned that some
of the residents were so vocal at times but I do think that the
,~
frustration level expressed during the meeting was understandable.
We are the current residents of Stillwater you are suppose to be
representing yet your actions appear to favor future residents at our .
expense. I do feel, however, that the attitudes of the Planning
Commission left much to be desired. When the figures were cited
that opening Nightingale would add 400-800 more cars per day on
our street (depending on the proposal accepted) a comment was
made by a member of the commission, "Yes, and 500 of them will be
at 7 a.m.!" with laughter coming from others on the commission. You
might think this is a joke and no big deal but I disagree. There are
numerous small children on our street and the traffic and speed is
already a problem. I live at the upper end of Nightingale and have
never let my small children play out front unattended because of the
cars. I can only imagine what the situation is like further down
Nightingale. Will you still think it is no big deal when one of those
additional cars seriously hurts a child?
We chose to raise our children in Stillwater because we wanted
the small town environment for our children. I am not opposed to all
development but I do oppose the rampant development that some
factions of Stillwater seem determined to push through. The Planning
Commission and the City Council are suppose to represent the
residents and yet you appear to be more concerned with developers
and future residents wishes than the wishes of those of us ,who are
already living here. There is already a watershed problem in the
proposed development area adjacent to existing homes and there no .
definite plans to fix that problem but there are definite plans to add
more homes. Opening up Nightingale does not, benefit the current
residents but does benefit the people who will live in the homes that
will be built as a result of the proposed development.
Comments were made by the Planning Commission that no
decision had been made yet. A comment was also made by a
member of the Commission that they thought this was a done deal
over a year ago so he was surprised at all the controversy at this late
date. Your credibility is in question as a result of your behavior,
attitudes and comments. If you truly came to the meeting on August
13 to listen and get information from the residents then I feel it
should be obvious which proposal is most desirable to us, the
residents of Stillwater. I am asking that you give serious
consideration to this entire issue and vote for Option Number One.
Sincerely,
.~~~
Sandy Ro\h
610 Nightingale Boulevard
.
I
RIVER VALLEY .7
ARTS COUNCIL
F vir:
FYI
.
FOR IMMEDIATE RELEASE
CONTACT: Nance Anders (651) 439-1465
River Valley Arts Council
ANNUAL "VISIONS OF mE VALLEY" BENEFIT FOR THE RIVER VALLEY
ARTS COUNCIL WILL BE "CELEBRATING THE ARTS' SATURDAY,
SEPTEMBER 19, AT CUB FOOD HEADQUARTERS, STILLWATER
Stillwater, August 20, 1998 - The River Valley Arts Council (R V AC) is taking a
revolutionary approach to raising money. The RVAC annual "Visions of the Valley"
benefit is scheduled for Saturday, September 19, 6:30-11:00p.m. at Cub Food Corporate
Headquarters in Stillwater. Tickets cimbe purchased in advance from the RVAC office .
for just $20. (Tickets at the door will be $25.)
The theme of this year's event is "Ceh::brating the Arts" --- all of the arts. As usual, Visual
artists will have their art on ,gisplayand ayaila~le:ror auction at the benefit. . Donating
artists include Joe Boyle, !()Xfe Ells, KellY'Yal~7r,JimIIanson, Carol Schuster, Bill
Ersland and others. But the ot~~r~E!.s "mberepresented also. Music will be provided by
members of the Valley ChamlJ~r<:~?rale.La~ghs\Vill be provided by Stillwater's own
Divine COJlledy~ably coa~a~dJ)YP,Ypt!riaSchr~iIl~L .
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, .. ""_ , : ->~:-; -~-:r-_;[<5_>p-</_:~t:_):~'.:\ \.::~tf:,::.";r-:'F~..'~-::,~,-.--'.:!>,.__.;, :y~~-~,,:-,-- -_-,~::_._;."<<:--:_' -- _"""'" ".. '__".. ,..,---~ ,,: "
The rafilethai has heeniJeahire 6fpreVious RVAC benefits is back by" popular' demand .
this yeaL The St. oCr6ixVall~y'spfeIl1ieI"elod~ing/and diniIlgestabiishmerits~aswell as
countless other businesses;geIl,er.Qgsly"donateg6od~ncl services to this cause.,
. - c; ',,:_<...-'r':;~., Li;;:>~';--_i"'.:,,:_'~:~~'rf?-:~:;~::;0;, ~'.^~}.~_:}:;_~C ~: ".:.:.,': .- ---~ c'_,' - ~_.'
.
Because the Visions oftheVall6y'event i~the()I1l~behefit RV AC hold each year, the
organization is anxious to attract a larger .andmore diverse crowd than it has in the past
The benefit will be a "walk-around" event, where people can nibble on appetizers, sip their
favorite beverage (there will be a cash bar) and celebrate not just the visual arts, but all of
the arts.
.
The River Valley Arts Council was established six years ago. It works with the
Metropolitan Regional Arts Council, the Minnesota Legislature, plus businesses and other
organizations to provide arts grants to local individuals and organizations. It has been the
proud sponsor of numerous art residencies and programs in the local schools. It serves as
a network for artists in the area. It sponsors an annual member show for visual artists in
theLakeview Hospital Gallery. And in June, in conjunction with the Taste of Stillwater,
RV AC.sponsors an annual Art Crawl for the public.
T~ pur~hasetic;~etsfor RYAC's sixthanhual"Visions ofthe Valley"benefit in advance of
the eve~t, cail the RiverValleyAits Council, (651i439'-1465); which'accepts'bothVISA
and Mastercard.,
L .
P,O. BOX 701
STILLWATER. MN 55082
(651)439-1465
FAX: (651) 439-1560
AUG 21 '98 03:21PM LEAGUE OF MN CITIES
LMC
P,l
~
- FRIDAyFAX
I-g... (>/ Mi,,~ Cffitu
Ci';." priI.-li.., _~
A weekly legislative update from the Leagve of Minnesota Cities
Vol. 3, No. 19 .
August 21, 1998
League fast-tracks RR issue
Board creates Railroad Task Force
In yesterday's meeting, the League's Board of
Directors approved the creation of a task force
to study a variety of issues related to railroad
operations in municipalities. The task force is
being formed in response to a variety of
questions and concerns about rail operations
raised by city officials across the state.
In recent months, many communities have experi-
enced an increase in rail traffic. In some areas,
communities are dealing with proposed plans for
rail upgrades or expansions. Although rail opera.
tions in the United States have largely been
regulated by the federal government, these
events have left local officials wondering what
role the city can play in regulating rail operations
and whether legislative or congressional action
may be necessary to allow cities to address
related concerns.
Among other issues, the task force will likely
consider the following:
. Public safety concerns: What level of public
safety improvements might be required by
changes in rail op~rations and who should pay?
. Commerce concerns: What are the local
economic impacts of rail operations and
how will expansions or upgrades benefit or
negatively affect communities?
. Transportation concerns: What are the
potential impacts of rail upgrade and expan-
sion-or the failure to upgrade-on the state's
streets and highways?
. Environmental concerns: How will changes in
rail operations affect the local environment and
what can be done to mitigate these problems?
. Regulatory concerns: What can cities really
do to Impact railroad upgrades and expansion
decisions?
In order to expedite the process. we would like to
solicit membership on the task force immediately.
If you or another member of your city is inter-
ested in this issue or if your city has experienced
issues related to rail operations, please help us.
Commitment .
We expect that the task force will meet regularly,
at least for the next several months. Initially, task
force members will discuss current concerns
about rail operations in their communities. We
expect the task force will also identify deficien-
cies in the current powers of cities to regulate rail
operations, and eventually make recommenda-
tions on changes to state and federal laws.
How to Sign Up
If you would be interested in serving on the task
force, please call Mary Diedrich or Doni
Mikacevich at the League office at 1-800.925-
1122 or 651-281-1200.
.
rI'~. _M'oO ;M~~...,I.,,, "'. ..it., 1""i~/ntiWl i",uI!,t. con/act anl' m,mhcr a.fthe League of Minnesota Cities lnt,rg9wnunt!"taJ RelaJiorl/J t,/J/II.
"
.
.
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AUG-26-1998 10:44
P.02/02
CITY OF OPH
Oak Park Heights Follow-Up Agenda. 2
C. Kennel Pennit request for Deanne Crosby~ 13733 60th Street North
TABLED UNTIL SEPTEMBER 9 COUNCIL MEETING FOR MORE INFORMATION
D. Kennel Permit request for Shari Innes, 15191 North 64th Street (12)
TABLE>> UNTIL SEPTEMBER 9 COUNCIL MEETING FOR MORE lNFORMA TION
E. Discussion regarding allowing developers to construct public streets to City
specifications and turn them over to the City
CITY ENGINEER TO REVIEW PLANS PREPARED BY VSSA; REVlSIT ISSUE AT SEPTEl\IBER
9 COUNCIL MEETING; COUNCIL TO SUPPORT THE NAMING OF STREET THROUGH VSSA
DEVELoPMENT "HAASE PARKWAY". 5-0
F. SET BUDGET WORKSHOPS
BUDGET WORKSHOP SET FOR Tm;SDA Y, SEPTEMBER 1 AT 4:30 P.M. AT CITY HALL
VII. Old Bu.~ine~
A. Authorization for studies regarding NSP Fly Ash
STAFF DIRECTED TO HAVE STUDIES DONE FOR INFORMATION FOR POSSJBLE
ORDINANCE REGARDING FLY ASH
B. Discussion of a per diem policy for City Commissioners
$25 PER MEETING PER DltM FOR PARKS AND PLANNING COMMISSION MEMBERS
APPROVED 4-1; TURNQUIST VOTING AGAINST
C. City Hall parking lot design
OPTION ~ APPROVEU 5-0; ONE.W A Y IN FROM EAST, TWO-WAY FROM WEST SIDE, CENTER
ISLAND WITH PLANTINGS TO BE REVIEWED BY PARKS COMMlSSION & GARDEN
COMMITTEE
D. 58th Street update
CONTINUING
F. Schedule public informational meetings to discuss upcoming solid waste contract
BUDGET WORKSHOPS SET FOR TUESDAY, SEPTEMBER 1 AND TUESDAY, SEPTEMBER 8 AT
6:00 P.M, AT CITY HALL
VIII. Adjoumm~m:
9:25 P.M.
TOTt=lL P.02
1.
2.
5:05
3.
5:05
4.
5:15
5.
6:15
6.
7.
8.
6:30
WASHINGTON COUNTY
COUNTY BOARD AGENDA
SEPTEMBER 1, 1998,4:30 P.M.
4:30
Washington County Regional Rail Authority Convenes
A. Roll Call
B. Approval of the RRA Meeting Minutes of July 7, 1998
C. Governor's Certificate of Commendation
D. Update on MN DOT's Commuter Rail Study - Al Vogel
E. Red Rock Corridor Commuter Rail Activities
~
Dennis C. Hegberg
District 1/Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to
limit your address to five minutes.
Reminder: No Board Meeting September 29, 1998 - 5tb Tuesday
Washington County Board of Commissioners Convenes
Roll Call
Consent Calendar
Community Services Department - D. Papin, Director
Update on Activities with the Minnesota Care Outreach Grant
General Administration - J. Schug, County Administrator
Presentation by Decisions Resources - Washington County Citizen Survey
Discussion from the Audience
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters
of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because of discussion will be scheduled for a future board meeting.
Board Correspondence
Adjourn
MEETING NOTICES
Committee
Time
Location
***********************************************************
Date
August 31
September 1
September 1
September 2
September 2
Forest Lake Line Commuter Rail
Finance Commi~ee
Personnel Cornrillttee
Metropolitan LRT Joint Powers Board
Plat Commission
6:30 p.m.
2:30 p.m.
3:45 p.m.
8:00 a.m.
9:30 a.m.
White Bear Lake City Hall
Washington County Government Center
Washington County Government Center
Hennepin County Government Center
Washington County Government Center
Assistive listening devices are available for use in the County. Board Room
If l!.ou need assistance due to disability or la!1/luage barrier, please call 430-6000 (TOO 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
~
1
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
SEPTEMBER 1, 1998
. following items are presented for Board approval/adoption:
DEP ARTMENT/ AGENCY
ITEM
Administration
A. Approval of revised Metropolitan Library Service Agency's (MELSA) Joint
Powers Agreement.
Auditor- Treasurer
B. Approval of abatement applications for homestead classifications.
Community Services
C. Approval of resolution, 1998 County Veterans Service Officer operational
improvement grant.
Court Services
D. Approval of cooperative agreement between Minnesota State Colleges and the
Workforce Center to operate the 8% Educational Coordination Program for the
period beginning July 1, 1998 through March 31, 2001.
E. Approval to appoint Chief Lindy Swanson to the Washington County Community
Corrections Advisory Board as a Law Enforcement Representative.
Human Resources
F. Approval to amend the Smoking in County Facilities Policy by including the
Court Administration east lower level entrance as a public non-smoking entrance.
.
~sent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote.
~ssioners may elect to pull il:Consent Calendar item(s) for discussion and/or separate action.
AUG-26-1998 10:44
CITY OF OPH
P.01/02 ~
CITY OF OAK PARK HEIGHTS
FOLLOW-UP AGENDA FOR
CITY COUNCIL MEETING OF
TUESDA Y, AUGUST 25, 1998
7:00 P.M. AGENDA
f
.
I, Call To Order/Approval of Aienda
PULL ITEM E FROM CONSENT AGENDA FOR FURTHER INFORMATION. ADD A.~ ITEM
F TO NEW BUSINESS TO SCHEDULE A BUDGET WORKSlIOP
AGENDA APPROVED WITH AMENDMENTS 5-0
n. De.pamnent/Council Liaison R~port~
A. Parks
B. Cable
C. Water Management Organi2ations
D. Recycling Award
E. Bridge Report
F. Planning Cornm.ission
G. Council Co~ttee Updates
III. Vislto~
IV. Consent Aie~ (Roll Call Vote)
APPROVED 5-0, WITH ITEM B PULLED
A. Approve Bills & Investments
B. Approve City Council Minutes ~ August 11, 1998
APPROVED WITH CHANGES
.
C. Authorization for interfund transfers
D. Resolution 98-08-49, electing to continue partiCipation in the Local Housing
Incentives Account Program Under the Metropolitan Livable Communities Act
E. AuthOrization for Councilmembers to attend the NLC Conference in Kansas City,.
Missouri .
PULLED FOR FURTHER INFO
F. Authorization for change order for Police Department modifications
G. Changing the October Council meeting dates
V. Eublic Hearin~s
5 VI. New Busin~
A. Schedule 1998 Truth in Ta..xation Dates for 1999 budget
INITIAL DATE SET FOR TUESDAY, DECEMBER 8j CONTINUATION DATE SET FOR
TUESDAY,DECEMBER IS.
B. Systems charge for west end annexation
APPROVED 5-0
iI,'
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,#
AUG-21-1998 15:06
CITY OF OFH
P.02/02
.
CITY OF OAK P ARKHEIGBTS
CITY COUNCIL MEETING AGENDA
TUESDAY, AUGUST 25,1998
7:00 P.M. AGENDA
7:00 1. Call To Order/Approval of Aienda
7:05 II. DenartmentfCouncil Liaison Reports
A. Parks (1)
B. Cable
C. Water Management Organizations (2)
D. Recycling Award (3)
E. Bridge Report
F. Planning Commission
G. Council Committee Updates
7:15 III. Visitors
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)
7:20 IV.
Consent Ai.enda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes. August 11, 1998 (4)
C. Authorization for interfund transfers (5)
D. Resolution 98.08-49, electing to continue participation in the Local Housing Incentives
Account Program Under the Metropolitan Livable Communities Act (6)
E. Authorization for Councilmembers to attend the NLC Conference in Kansas City,
Missouri
F. Authorization for change order for Police Department modifications (7)
G. Changing the October Council meeting dates (8)
.
7:25 V. Public Hearinis
A.
7:25 VI. New Business
A. Schedule 1998 Troth in Taxation Dates for 1999 budget (9)
B. Systems charge for west end annexation (10)
C. Kennel Permit request for Deanne Crosby, 13733 60th Street North (11)
D. Kennel Permit request for Shari Innes, 15191 North 64th Street (12)
E. Discussion regarding allowing developers to construct public streets to City specifications
and turn them over to the City (13), (14)
8:00 VII. Old Business
A. Authorization for studies regarding NSP Fly Ash (15)-
B. Discussion of a per diem policy for City Commissioners (16)
C. City Hall parking lot design (tllis Vlill be distributed at meeting)
D. 58th Street update
E. Proposed detaclunentfattachroent tequest
F. Schedule public infonnational meetings to discuss upcoming solid waste contract (17)
8:45 VIII. Acljoumment:
Social gathering at Applebee's restaurant after adjournment of Council meeting.
i"
1\.,1
.
TOTAL F. 02
Stillwater Township
August 27, 1998
Chair:
Johnson
.
7:00 p.m. Variance Hearing - William Sumey
7:30 p.rn.
Regular Meeting
A2enda: Adopt
Minutes: Approve Minutes August 13, 1998
Treasurer: Warren Erickson Will Not Be Present
1. Oaims & Checks
Attornev: 1. Hearing re: Socha Unemployment
2. Sign Forfeiture Forms
Planner: l.
Eneineer: 1.
Public Works: 1. .
Clerk: 1. Update Oak Wilt Situation
2. Motion to Cancel November and December Holiday Meetings
3. Set Budget Meeting
Committees: 1.
People - 8:30 PM: 1. Steve Nelson
Old Business: I.
New Business: 1.
Note:
l :~ '
.
8/2l/98
Pat Bantli
..
WASHINGTON 'COUNTY
BOARD OF COMMISSIONERS
FYI
AUG26
- ,
.... ..- ....,
Dennis C. Hegberg
District 1/Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
GOVERNMENT CENTER
14949 62ND STREET NORTH. P.O. BOX 6. STILLWATER, MINNESOTA 55082-0006
651-430-6000 Facsimile Machine 651-430-6017
r::---=~---"
August 25, 1998
"
l:
j,
.'
"
I:
!
j-
!
---
Craig Leiser
10300 Kismet Lane North
Stillwater, MN 55082
Dear Mr. Leiser:
At its meeting of August 25, 1998, the Washington County Board of Commissioners reappointed
you to the Brown's Creek Watershed District Board of Managers, to a three year term expiring
October 21,2001.
.
We appreciate your willingness to continue to serve on this important watershed district position,
and hope you will enjoy being a part of the County's committee process.
Sincerely,
~~~
Washington County Board of Commissioners
pr
c
Molly O'Rourke, Assistant Auditor-Treasurer
Board of Water and Soil Resources
City Clerks within the Brown's Creek Watershed District
.
!~ "
Printed on Recycled Paper
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
~
:0..
WASIDNGTON COUNTY
BOARD OF COMMISSIONEBS_________
Dennis C. Hegberg
District 1/Ch.'
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
GOVERNMENT CENTER
14949 62ND STREET NORTH. P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006
651-430-6000 Facsimile Machine 651-430-6017
August 25, 1998
Karen Kilberg
12945 Keller Avenue North
Hugo, MN 55038
Dear Ms. Kilberg:
At its meeting of August 25, 1998, the Washington County Board of Commissioners reappointed
you to the Brown's Creek Watershed District Board of Managers, to a three year term expiring
October 21,2001.
We appreciate your willingness to continue to serve on this important watershed district position,
and hope you will enjoy being a part of the County's committee process.
.
Sincerely,
. /J /"/ k~/L
~C.He~
Washingtbn County Board of Commissioners
pr
c Molly O'Rourke, Assistant Auditor-Treasurer
Board of Water and Soil Resources
City Clerks within the Brown's Creek Watershed District
i"
.
Printed on Recycled Paper
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
~
\';:.......~
WASHINGTON COUNTY
BOARD OF COMMISSIONERS
Dennis C. Hegberg
District 1/Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
GOVERNMENT CENTER
14949 62ND STREET NORTH. P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006
651-430-6000 Facsimile Machine 651-430-6017
August 25, 1998
Ned Gordon
2970 Marine Circie
Stillwater, MN 55082
Dear Mr. Gordon:
At its meeting of August 25, 1998, the Washington County Board of Commissioners reappointed
you to the Brown's Creek Watershed District Board of Managers, to a two year term expiring
October 21, 2000.
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We appreciate your willingness to continue to serve on this important watershed district position,
and hope you will enjoy being a part ofthe County's committee process.
Sincerely,
~&;g~
Washington County Board of Commissioners
pr
c Molly O'Rourke, Assistant Auditor-Treasurer
Board of Water and Soil Resources
City Clerks within the Brown's Creek Watershed District
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Printed on Recycled Paper
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
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WASHINGTON COUNTY
BOARD OF COMMISSIONERS
Dennis C. Hegberg
Dist.rict 1/c~ai
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
GOVERNMENT CENTER
14949 62ND STREET NORTH. P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006
651-430-6000 Facsimile Machine 651-430-6017
August 25, 1998
Daniel J. Potter
9653 Lansing Avenue North
Stillwater, MN 55082
Dear Mr. Potter:
At its meeting of August 25, 1998, the Washington County Board of Commissioners reappointed
you to the Brown's Creek Watershed District Board of Managers, to a two year term expiring
October 21,2000.
We appreciate your willingness to continue to serve on this important watershed district position, .
and hope you will enjoy being a part of the County's committee process.
Sincerely,
~I!~
Dennis C. Hegberg, Chair
Washingfon County Board of Commissioners
pr
c Molly O'Rourke, Assistant Auditor-Treasurer
Board of Water and Soil Resources
City Clerks within the Brown's Creek Watershed District
.
Printed on Recycled Paper
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
(i)
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. METRO MEETINGS
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A weekly calendar of meetings and agends items for the Metropolita.n Council, its ;u:/visozy and sta.nding
committees7 and three regional commissions: Metropolita.n Airports Commission7 Metropolita.n Pllrksand Open
Space Commission, and Metropolita.n Sports FllCilities Commission. Meeting times md agendss Ilre ocCllSionally
chllJ1ged. Questions about meetings should be directed to the appropriate organiZlltion. Meeting infoZ711ation is
also avllilable pntfre Metro Information Line at 651-602-1888 and on our web page at. www.metrocounciLorg.
Comments off Council issues can be m;u:/e by electrom'c mail at. d1IftLcenter@metc.state.mn.us or bY calling our
Publ1'c Comment Line at 651-602-1500.
DATE: August 28, 1998
WEEK OF: August 31 - September 4, 1998
METROPOLITAN COUNCIL
Urban Economic Summit - Tues., Sept. 1,9 a.m., Ramada Hotel, 2540 N. Cleveland Ave., Roseville. The
Summit will include: a reactor panel featuring a discussion among Minnesota experts on existing tools and
unmet needs and possible legislative changes including: sustainability, partnerships, regulatory barriers, and
funding; breakout groups to discuss the 1999 legislative agenda; and other business. If planning an
attending, call Ellie Porter at 651-602-1312 no later than 8/28/98 as space is limited.
Special Environment Committee Meetimr - Tues., Sept. 1,4 p.m., Room 1A. The committee will consider:
authorization to award and execute a design/build agreement and operations contract for the Blue Lake Plant
solids [mal stabilization facility; and other business.
Transportation Accessibility Advisory Committee - Wed., Sept. 2, 1 p.m., Room lA. The committee
will consider: small bus demonstration feedback; ADA certification update; ADAlSTS needs assessment
update; standing order update - 3rd quarter; Metro Mobility July operations report; and other business.
Hiawatha Corridor ManalZement Committee - Thurs., Sept. 3, 8:30 a.m., Metro Transit Heywood Office,
560 - 6th Ave. No., Mpls.
Committee of the Whole - Thurs., Sept. 3, 4 p.m., Room lA. Tne committee will consider: briefmg on
LRT stations at the Minneapolis/St. Paul International Airport; and other business.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and
agendas are subject to change. For more information or confirmation of meetings, call 651-602-1447,
(ITY: 651-291-0904). Call the Metro Information Line at 651-602-1888 for coming meetings and other
Council information or find them on our web page at www.metrocouncil.org.
TENTATIVE MEETINGS FOR THE WEEK OF SEPTEMBER 7 -11,1998
Community Development Committee - Tues., Sept. 8, Noon, Chambers
Environment Committee - Tues., Sept. 8, 4 p.m., Chambers
Hiawatha Corridor Light Rail Transit Preview and OoenHouse - Wed., Sept. 9, 6 - 9 p.m. (programat
7:30 p.m.) Air National Guard, Building #642, intersection of Hiawatha/Minnehaha and Crosstown 62
Executive Committee - Thurs., Sept. 10,8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis
Transit Providers Advisory Committee - Thurs., Sept. 10, 10 a.m., Room lA
Transportation Advisory Committee Planning Committee -Thurs., Sept. 10, 1:30 p.m., Room 2A
Legislative Strategies Committee - Thurs., Sept. 10,3 p.m., Room lA
Metropolitan Council - Thurs., Sept. 10, 4 p.m., Chambers
Metropolitan Radio Board Meeting - Fri., Sept. 11,8:30 a.m., Metro Counties Govt. Center, 2099 University
Ave., St. Paul
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
Metropolitan Parks and Ooen Space Commission - Tues., Sept. 1, 4 p.m., Chambers. The Commission
will consider: Bunker Hills Regional Park master plan review; slide presentation on public and private
sector recreation in Sweden and Norway; and other business.
The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E.
Fifth St., St. Paul,:MN 55101. Meeting times and agendas occasionally maybe changed. To verify
meeting information, please call 651-602-1312.
METROPOLITAN AIRPORTS COMMISSION
Management and Ooerations Committee - Wed., Sept. 2, 1 p.m., Room 3040, Mezzanine Level, Lindbergh
Terminal. The committee will consider: designation of responsible authority under data practices act;
increase in safety consultant's fee; discussion on airport emergency plan exercise; rates and charges
ordinance - recommendation from hearing officers; update on recommended sewer and water policy; and
other business.
Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. .
Meeting times and agendas occasionally may be changed. For more information, call Lynn Sorensen at
612-726-8186.
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Stillwater Public Library
223 North Fourth Street
Stillwater, MN 55082
Board of Trustees
Minutes
August 4, 1998
Members: Gorski, Hickey, Lockyear, Maybanks, McFayden, Myers, Nelson, Ruch.
Director: Bertalmio, Assistant Director: Blocher. absent - none.
1. Call to order:
President Ruch called the meeting to order at 7:04 p.m.
2. Adoption of the Agenda:
Lockyear moved/McFayden seconded adoption of the agenda.
3. Consent Calendar:
Nelson moved/McFayden seconded adoption of the consent calendar including
payment of bills in the amount of $17,429.40.
4. The group split into 3 work groups to continue the Board evaluation. We
created work plan trees to consider (under the marketing/PR category):
understanding the market, developing a plan and customer satisfaction data.
5. Myers moved/Hickey seconded motion to accept revised Librarian I job
descriptions.
6. We received an update on the Pre-primary Candidates Forum to be held Aug. 17.
7. Lockyear, Myers and Ruch will be the delegation to the budget hearing on Aug.18.
8. Lockyear and Bertalmio will conduct the new Board member's orientation.
9. The Board will take the Myers-Briggs Personality Inventory to assist in cohesive
board operations. The Inventory will be distributed at the October meeting and
should be completed and returned promptly for discussion at the November
meeting.! '
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BOARD MINUTES 8-4-98
1 O. Board members should keep one year of minutes, the Library Trustee Handbook,
Long Range Plan, Policy Manual, and committee information as necessary. The
Library keeps complete copies ~f the Board information packets from each meeting.
11. We had the first reading of the bylaw change.
12. Committee and Task Force Reports:
A. Executive Committee met with the Director regarding progress toward goals.
B. Facilities Committee - is waiting for results of the Parking Demand Study in
progress.
C. The Policy Review Task Force has completed its review. All Board members
should review them and be prepared for a September vote on their
adoption.
1 3. The City Boards and Commissions Appreciation Picnic will be held on August 22.
Members are encouraged to attend.
14. The meeting adjourned at 9:00 p.m.
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AGENDA
BROWN'S CREEK WATERSHED
AUGUST 24, 1998
*NOTE: Due to the absence of two directors from our August 10, 1998 meeting
we were unable to effectively deal with certain issues. Therefore, we will treat
this meeting as a regular meeting for content purposes.
1. Call to Order @ 6:30 PM
2. Review and acceptance of prior meeting minutes (Michels)
3. Treasurer's Report (Gordon)
4. Process for Retaining Professional Engineering Services
A. Scope and Definition of Services to be Rendered
B. Criteria for Selection; Qualifications Expected
C. Review and Selection Process
5. Budget Preparation, Set special meeting date and agenda
6. FOR Project, Review of current status (Doneux)
A. Funding options
B. Timing
7. HMGP Option (Doneux)
8. LCMR Status and Update
A. Workplan (E & 0)
B. Administrative process re CIP (Smith)
9. TAC Committee Report fe Rules (Kilberg)
10. CAC Committee Report (Potter)
11. Landlocked Basin Study Committee Status (Michels)
12. BCWO concern fe City of Stillwater, meeting reView (Leiser)
13. H & H Status Report (E & 0)
14. Communications (Doneux)
15. Old Business
16. New Business
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4.
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Minutes of Meeting
Brown's Creek Watershed District
June 22, 1998
Approved
In Attendance:
BCWD Board of Manaqers
Craig Leiser
Ned Gordon
Karen Kilberg
Jon Michels
Dan Potter
Others
Louis Smith of Smith Parker, BCWD Legal Counsel
Brett Emmons of Emmons & Olivier Resources
Peter Schwarz, County Messenger
Stuart Grubb, HDR Engineering
Kim Reeves, Recording Secretary
The workshop meeting was called to order at 6:30 p.m. by Craig Leiser.
Presentation by MN DNR
Workshop adjourned at 8:30 p.m.
Business meeting called to order at 9:00 p.m.
Aooroval of Minutes of 5/26/98 and 6/08/98 - Michels: Motion to approve the
Minutes of the 5/26/98 meeting and the 6/08/98 meeting, as amended, was
made by Ned Gordon and seconded by Dan Potter. The motion passed
unanimously.
6. Treasurer's Report - Ned Gordon: A motion to approve payment of the June 22,
1998 account list of bills as presented was made by Ned Gordon and seconded
by Jon Michels. The motion passed unanimously.
7. Review and Finalization of Prooosed Rules - Karen Kilberg and Louis Smith:
. Draft of Rules and cover letter provided by Louis Smith for Board review.
8.
. Discussion of Technical Advisory Committee:
. Karen Kilberg to attend as Board liaison.
. Stuart Grubb to attend as CAC liaison.
. ~ I List of possible members provided by Mark Doneux.
Goggins LCMR Proiect - Craig Leiser: Jon Michels and Craig Leiser to attend
meeting with LCMR on Friday 6/26/1998. A motion to pursue the idea of
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attaining funding for the feasibility study was made by Karen Kilberg and
seconded by Ned Gordon. The motion passed unanimously.
9. Flood Mitigation Grants - Jon Michels: Ned Gordon to follow up on the Rice .
situation for next meeting.
. A motion to authorize Mark Doneux and Matt Moore, with the assistance of
Louis Smith, to bring draft of Grant proposal for flood relief buyout of the Rice
property to next meeting was made by Ned Gordon and seconded by Dan
Potter. The motion carried 4/0/1.
. A motion to incorporate into the grant request for funding the sources and
causes of potential DNR grants capacity study was made by Jon Michels and
seconded by Ned Gordon. The motion passed unanimously.
10. New Business - Ned Gordon, Craig Leiser: Discussion of comments on
proposed plan amendments received from CAC will be on the next meeting
agenda.
11. Communications:
. Several items presented by Ned Gordon for Board review.
. Letter has gone out to the cities and townships asking for a list of nominees
for the BCWD Board.
. Letter from Emmons and Olivier re: Work order #3 - due to lateness of the
hour, carried over to next meeting.
. Water governance study - Jon Michels to attend.
. Emmons & Olivier letter re: permitting on H& H study.
13. Adjournment - A motion to adjourn at 10:58 p.m. was made by Ned Gordon and
seconded by Dan Potter. The motion carried unanimously.
e.
Respectfully submitted by:
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Kim Reeves
Recording Secretary
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9:00
4.
9:20
11:45
6.
7.
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12:00
WASHINGTON COUNTY
Dennis C. Hegberg
District 1/Chair
Mary Hauser
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
COUNTY BOARD AGENDA-----d
AUGUST 25, 1998, 9:00 A.M,
Roll Call
Consent Calendar
Auditor- Treasurer's Office - M. O'Rourke, Acting Director
A. Commissioner Appointments to the 1998 County Canvass Board for the State
and Primary General Elections
B. Joint Metro-wide Tax System Proposal
General Administration - J. Schug, County Administrator
A. Green Corridor Project
B. Review of Draft 1999-2003 C.I.P.; Review Proposed 1999 Budget Decision Points;
Wrap-up Discussion Prior to Certification of the Proposed Budget
Discussion from the Audience
Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the
County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to
limit your address to five minutes.
Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters
of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during
this time. Any action necessary because of discussion will be scheduled for a future board meeting.
Board Correspondence
Adjourn
***********************************************************
Date
August 24
August 25
August 26
ugust 26
ugust 27
August 27
August 27
MEETING NOTICES
Committee
Location
Time
Library Board
Planning Advisory Commission
Mosquito Control Commission
Solid Waste Mgmt. Coord. Board
Community CoJections
EMS Radio Communications Board
Metro TAB
6:30 p.m.
7:00 p.m.
9:00 a.In.
10:30 a.In.
7:30 a.m.
9:30 a.m.
12:30 p.m.
Oakdale Library
Washington County Government Center
2099 University Ave. W - St. Paul
2099 University Ave. W. - St. Paul
Washington County Government Center
199 East Wentworth Ave. - West St. Paul
230 E. 5lh Street - Mears Park Centre
Assistive listening devices ere eveileble for use in theCount'l. Boerd Room
If '(ou need essistence due to disebility or le!'!luege berrie'lPleese ce//430-6000 (TOO 439-3220)
EQUAL EMPLOYMENT OPPORTUNITY / AFF RMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
AUGUST 25, 1998
...." " ;:
The following items are presented for Board approval/adoption:
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DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the August 18, 1998 Board meeting minutes.
Auditor-Treasurer
B. Approval of reappointments to the Brown's Creek Watershed District Board of
Managers as follows: One year term - Jon Michels; Two year term - Daniel
Potter; Two year term - Ned Gordon; Three year term - Karen Kilberg; and Three
year term - Craig Leiser
C. Approval of one day on sale 3.2 percent malt liquor license from Scandia/Marine
Lions Club for Taco Days, September 12, 1998.
D. Approval of one day on sale 3.2 percent malt liquor license from Camp Courage
for Taco Days, September 12, 1998.
Community Services
E. Approval to accept grant for $50,800 to expand respite care options for children
with disabilities aged 0-3.
F. Approval to amend the family homeless prevention and assistance grant
agreement and accept additional funding of $4,696.
County Attorney
G. Approval of resolution authorizing the execution of one-year federal grant
documents to fund for calendar year 1999 a prosecuting attorney and a Ie
secretary in the County Attorney's Office.
H. Approval of the 1998 Administrative Appeal Policy for the Solid Waste
Management Service Charge.
I. Approval of banding and grading and job descriptions for the new classifications
created for the County reorganization relating to the County Auditor-Treasurer' s
Office.
Health, Environment and
Land Management
Human Resources
J. Approval of personal leave of absence for Jay A. Brunner in the County
Attorney's Office retroactive from June 28, 1998 through December 31, 1998.
K. Approval of revisions to the Washington County Safety Program and the removal
of Policy #1405 Washington County Safety Committee (#1405 has been
incorporated into Policy #1406 Washington County Safety Program).
L. Approval of revisions to the Severe Weather Shelter Plan and Fire/Emergency
Evacuation Plan.
Sheriff
M. Approval of the new County Ergonomics Program.
N. Approval of resolution authorizing the County Board Chair and County
Administrator to execute the 1999 grant request of the East Metro Coordinated
: ' Narcotics Task Force. .
*Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote.
Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
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August 27, 1998
STILLWATER TOWN BOARD MEETING
Town Hall
7:30 P.M.
PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie
Untiedt, David Francis, Louise Bergeron and Jerry
Hicks. Also, Peace Officer Steve Nelson, Attorney
Tom Scott and Planner Meg McMonigal.
1. AGENDA - M/S/P Francis/Hicks moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Francis moved to approve the 8/13/98 Stillwater
Town Board Meeting minutes as written. (5 ayes)
3. CHECKS/CLAIMS - Claims #2195 thru #2207 and checks #13488 thru #13498
were approved for payment.
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ATTORNEY -
1. Updated supervisors regarding the upcoming
phone hearing regarding Vic Socha's
eligibility for unemployment benefits.
2. M/S/P Bergeron/Hicks moved to approve
acquisition of a tax forfeited parcel which
is part of Mendel Road. (5 ayes)
3. M/S/P Untiedt/Bergeron moved to approve
the chair and clerk signing the 1997-1999
Minnesota ReLeaf Community Tree Planting
and Forest Health Grant. (5 ayes)
5. HOLIDAY MEETINGS CANCELLED - M/S/P Bergeron/Hicks moved to approve
cancellation of the 2nd meetings in November and December because of the
holidays. (4 ayes, Francis nay)
6. BUDGET MEETING - The budget meeting is set for October 26, 1998 at
7:30 p.m. in the Stillwater Town Hall.
7. PARK COMMITTEE RESIGNATION - M/S/P Hicks/Bergeron moved to accept
the resignation of MaraLee Olson from the Park Committee with deep regret.
(5 ayes)
8. LAND USE LEADERSHIP CONFERENCE - David Francis will see if anyone on
the planning commission is interested in going.
9. STONEBRIDGE TRAIL - Jerry Larson has asked David Francis for more
information about Stonebridge Trail. Louise Bergeron will contact the
county for previously promised design ideas.
.10. PEACE OFFICER STEVE NELSON REPORTS _
1. The Palm p~operty is cleaned up.
2. The Gohlike property is not cleaned up.
Stillwater Town Board Meeting - 8/27/98
Page Two
Dennis O'Donnell will be asked to check
it out.
3. Radar being run on Stonebridge when Steve
has time.
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11. ADJOURNMENT - Meeting adjourned at 8:35 p.m.
Clerk
Chairperson
Approved
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STILLWATER TOWN BOARD MEETING
August 27, 1998
SUMEY VARIANCE HEARING
Town Hall
7:00 P.M.
PRESENT: Chairperson David Johnson, Supervisors Jerry Hicks,
David Francis and Sheila-Marie Untiedt.
Mr. & Mrs. W. Sumey of 9342 Neal Avenue North in Stillwater Township (Lot 6,
Twin Lake SUbdivision) were present to request a variance from the 200' lake
setback requirement and lot size requirement to construct an addition over
their existing screen porch.
Mrs. Sumey cited the following reasons for their variance request:
1. The setbacks have changed since they originally
bought the house.
2. Their needs have changed. Physical limitations
make living on one level appropriate.
3. In 1972 when they built the screened porch, they
did not have the money to build the second floor.
It is financially feasible now to do the addition.
4. The proposed room would be no closer to the lake
than the house is now.
. 5. The room would not obstruct anyone's view.
6. Per covenantsthere.,areno outbuildings allowed
on the property for storage.
7. The house is well screened from the lake.
Mr. & Mrs. Petrisko of 9328 Neal Avenue North, Stillwater Township are next
door neighbors to the Sumeys. They state that they are aware of the project
and have no objection to it.
M/S/P Francis/Untiedt moved that the variance request of the Sumey's be
approved for the fOllowing reasons:
1. There is no further encroachment by the
proposed plan to add a room.
2. A hardship exists.
3. The property is well screened.
4. It allows reasonable use of the property.
5. It will update the property.
(4 ayes)
ADJOURNMENT - The public hearing was closed at 7:20 p.m.
Clerk
tfhai rperson
Approved
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September 1, 1998
To Nile, Manager of the City of Stillwater:
Please copy and give each council member a copy of my statement of the
case regarding the legal issues concerning my land. As a citizen and
taxpayer living in the City of Stillwater, I believe it is my right to
inform the council of the numerous and layered issues involved from my
perspecti ve. Also I believe I have the right to request that the city
do nothing further regarding my land until the matter is subrni tted to
the Supreme Court for resolve. Your cooperation regarding this matter
will be greatly appreciated. Please be advised that my attorney has
reviewed my statement and approved it.
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Patricia Hansen's statement of the case VB. the city:
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The State of MN has historically upheld, protected and affirmed
property rights of its I citizens whom own Torrens registered land. These
absolute undeniable rights are granted under St. Statute 508. These
sacred property rights include: 1. protection from adverse claims,
perscription & ancient claims. 2. forever quiet title. 3. shall not
be opened, vacated, nor set aside by reversal of said judgment and decree.
4. tliere cannot be action or proceeding forrecovery of any right, title,
interest or estate in registered land adverse to the title established.
5. for all the world to know the land is registered.
David Magnuson, city attorney, presented claims to the District
Court, Washington Cty., that are grossly unsubstantiated by fact. These
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recorded easement? Why would he go to court claiming one easement when in
. fact it was quite another that he intended to acquire?
The utility easement had been the focus of the dispute betl-reen
Hansen and the city for 3 years! Its I legal description was not cited, in this
matter. 1;my? '~JI". Magnuson, when he filed his complaint against me in 1997,
used the term "Public Highway" for the first time during this 3 year dispute
for the sole purpose to initiate legal claims against Hansen's torrens land.
The disputed land is my utility easement granted to the City of StillYater,
in 1994, and not a public highl~Y.
The utility easement traversing across Hansen I s land was wrongly
sodded by the city and violated the terms of the utility easement contract.
The sodded utility easement immediately became a dispute between Hansen
and the city, when the city gave the public permission to cross Hansen's land
via the sodded utility easement. (See ex. 34, 12 letters exchanged between
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Hansen and the city). 1. A grant of an utility easement traversing across
Hansen I S land is not a sale of said torrens land. 2. All those lvhorn make
false claims regarding torrens registered land for purposes of taking the.
land are guilty of a felony under State Statute 508.80. (any person by means
of a false or fraudulent instrument, certificate, statement, or affidavit
affecting registered land, shall be guilty of a felony punishable by a fine
not exceeding $10,000 or by imprisonment not exceeding 5 years, or by both).
The deed for the easement included with Hansen's title description
of her parcel has been recorded for 52 years. One must ask: 1. Why would a
dispute arise after 52 years? 2. What recently happened to bring this matter
to court 52 years later? 3. Why did not Magnuson record Hansen I s utility
easement? 4. Why did he cite one easement in his claim to the court when
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it lvaS quite a different separate easement that he intended to claim?
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5. Why did he not use the available legal description for the utility ease-
ment? 6. Why I.,ould he claim a city street, 4th Ave. South extended is a
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public highway? 7. Why would he claim Hansen barricaded 4th Ave. S. Extended?
8. Why would he make a clai1n for a public highway ,men in fact it lvaS
Hansen's utility easement the ci ty wanted for a walkway? IT IS BECAUSE MAG-
NUSON UNLAlvFULLY A'ITEMPTS TO CONVERT AN UTILITY EASEMENT GRANTED IN 1994,
TRAVERSING ACROSS HANSEN I S TORRENS LAND INTO A PUBLIC WALKWAY; AND USED THE
HIGHWAY EXCEPTION TO INITIATE CLAIMS MADE BY THE CITY vs. the torrens land
owned by Patricia Hansen.
The city's persistant attempts to seize the utility easement for
a public wa1.k<;vay have caused Hansen loss of peaceful quiet enjoyment of her
land granted under the legal Certificate of Title. '1'hese property rights
sanctioned by the St. of MN need to be affirmed. To defend her land from
trespass, Hansen barricaded the utility easement with boulders left on her
land during the construction phase of the sevTer project. She posted 10 No
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Trespassing signs in 1995.
Hansen has the absolute legal right to protect my property ~rom
trespassers. There are open and unresolveo. issues created by Judge Carlson I s
order concerning the .location of my rock landscaping. Surveyors, employed
by me will verify the location of these rocks to be on my private prbf€I'ty
..iP..ich is registered under the torrens system.
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Judge Carlson also likely belieVed as factual Mr. Magnuson I s
story-telling regarding a "supposed" past use of the land covered by the
utili ty easement. Magnuson falsely claimed that the "pathvroy" i. e. the
utili ty easement, \Vas used by the quarry to haul limestone and by the public
for pedestrian and vehicular acess to dmmtown Still,vater. It would have
been impossip,.le for wagons hauling tons of limestone to travel this steep
slope. It would have been impossible for a vehicle to travel this steep
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Slope with the types of automobiles manufactured around the turn of the century
and decades after. The grade of the steepest mountain road is less than
that of the slope traversing across Hansen Island. Simple logic makes Mr.
Magnuson I s claim questionable. Wagons carrying tons of limestone left the
quarry via flat land leading to a city street 6th Ave. South, l'ihere acess
to all city streets was easily available. (See exhibit 33, 1945 Quarry Lots
Survey by the Clark Engineering Co.)
During the hearing in district court on October 24, 1997, Hansen,
pro se l'laS allowed less than 45 minutes of testimony to present the numer-
ous facts and issues she intended to defend. Due to summery judgment, Hansen
was denied the 2 day trial scheduled for February 1998.
Hansen's registered land faces the St. Croix River and a signifi-
cant portion will be lirongfully seized by the city, if the Supreme Court
does not grant her the deserved relief. Should Hansen lose her valuable
land to the city because i tsl attorney is 'Skill full enough in court room pro-
cedures to seek summary JUdgment; thus preventing the facts from tne: 2 day
trial scheduled for last February, from being fully exposed'?
MN state laws prevents real property from lJeing transfered without
a written contract. It 1ia.S Hansen and her predecessors whom have signed
documents granting them title in fee simple. The City of Stilllvater presented
no document 1'l1hat-so-ever that it ever possessed any portion of Hansen I s
Quarry Lot. No records were presented that it ever maintained any portion
of the utility easement located on Hansen's land. Also Magnuson stated that
the affidavits submitted l'l1ith his Memorandum to the Court, were undisputed
BEFORE HE SUEMITI'ED THEM! Further torrens registered land is protected from
ancient claims such as were said by affiants; none of Whom v~re ever cross
examined. '1'
.'. ~ i- .'...
I
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Hansen's land appraised at $427,000 in December 1997, will be
significantly devalued and uninhabitable for residential use if remedy
.'
from the Supreme Court is not received. The "alleged public highway"
(i.e. Hansen's unrecorded utility easement) if affirmed, will be 21 feet
from Hansen's home where walls of windows overlook the St. Croix River.
Will the city if successful in seizing Hansen's land, install street lights
that will shine in every window of her home all night long? If Hansen's
land is traversed by the public 24 hours a day, security of the premises
will be impossible to maintain. Hansen r s home was broken into by thei ves
in 1995, and recently, it was vandalized again when a patio door facing
the utility easement was broken.
Loss of the value and therefore the equity Hansen has in her
property will cause a devasting financial blow to her. The equity in her
property is her only source of financial security. Loss of this equity
would cause severe financial hardship and negatively impact Hansen for the .
rest of her life. The taxpayers in the State of Minnesota have the right
to seek protection from the state when city representatives attempt to
seize private torrens land owned in fee simple. The State of Minnesota
has historically highly valued private land and the property rights of its'
citizens; especially when those rights have been sanctified under the state's
statute 508. Hansen's land has been registered for nearly 15 years, and
her parcel of land includes the land covered by the utility easement granted
to the City of Stillwater, on June 22, 1994.
i'
,I
Patricia A. Hansen
510 Quarry Lane
Stillwater, MN 55082a J~
.
Respectfully submitted by