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HomeMy WebLinkAbout1998-09-22 CC Packet ~, REVISED AGENDA ** CITY OF STILL WATER I CITY COUNCIL MEETING NO. 98-23:: Council Chambers, 216 North Fourth Street II September 22, 1998 . REGULAR MEETING 7:00 P.M. II. 'I II II 11 I, Ii ii Ii ii APPROVAL OF MINUTES - September 1, 1998, Regular and Rece~sed Meetings; September 16, 1998, Special Meeting i! Ii I' PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDA TlbNS 1. Proclaiming Sept. 17 - 23 as Constitution Week in the City of St~llwater 2. Rivertown Restoration: Home tour recap and presentation ii CALL TO ORDER INVOCATION ROLL CALL Ii OPEN FORUM ;: The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statebent or may give direction to staff regarding investigation of the concerns expressed. I' ,I I, . 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 11 Ii , 9. Building Official \0. City Attorney 11. City Coordinator II .. CONSENT AGENDA * 1. Resolution 98-243: Directing Payment of Bills Ii 2. Contractors Licenses: Metro General Services, Inc, Rogers, MN;Nordling Construction Co., Inc., St. Paul; 3-D Landscaping, Marine on the St. Croix; Draintiling, Inc., Maplewood; Kuehn Excavating, White BearLake; Nordquist Sign Co., Mirmeapolis; Preferred Sign and Crane, Inc., Stillwater :, 3. Resolution 98-244~ Approval of Change order # 9 - St. Croix ~ecreation Center 4. Resolution 98-245: Contract with Thomas Cleaning Co. for lead removal in fIring range 5. Resolution 98-246: Employment of Della (Sam) Finizio as patt-time firefighter 6. Replacement of gas monitor - Fire Department :: 7. Release of funds 1998 capital budget- Library Board :: 8. Exemption from lawful gambling license - Church of St. Mich1;lel, Nov. 7, 1998 9. Request to close the 1300 block of South First Street for block party 9/27/98 10. Resolution 98-247: Agreement with Alan Merrick's Soccer Adademies, Inc., for use of St. Croix Valley Soccer Dome :: 11. Purchase of three computers - Police Department :: 12. Resolution 98-248: Approving form of deed for conveyance of City land to Lakeview II Hospital Ii 13. Resolution 98-249: Purchase of blueprint copier - Planning mid Engineering Depts. 14. Resolution 98-250: Accepting work and ordering final payme*t for Pioneer Park wall and Lake Drive watermain improvements, Projects 9720 and 97341 LI333. !I Ii City Council Meeting 98-23 September 22, 1998 . UNFINISHED BUSINESS 1. Report from Planning Commission, Heritage Preservation Commission, and Park Board regarding alternative locations for new river crossing 2. Consideration of proposal to perform historical reconnaissance of Aiple property and Kolliner Park for inclusion in Downtown Historic District. (request to continue indefinitely) 3. Designation of Aiple property as City park based on Master Plan (Resolution) NEW BUSINESS 1. Resolution: Accepting street easement on 3rd Ave. S. 2. Discussion ofNSP proposal for downtown decorative lights 3. Request to Cable Commission for internet service for St. Croix Valley Recreation Center 4. Request by Croix Builders, Inc., for extension of contract deadlines for purchase of city property for condominium and parking ramp 5. Resolution: Contract with Katharine Widin, Consulting Forester and Roger Tompten, Tompten Environmental Design for design services for Liberty and Legends Development . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Bill and Bonnie Hubbard:- request for exemption to moratorium on building on North Hill 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 area additions to the agenda .' . . . AGENDA CITY OF STILL WATER CITY COUNCIL MEETING NO. 98-23 Council Chambers, 216 North Fourth Street September 22,1998 REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - September I, 1998, Regular and Recessed Meetings; September 16, 1998, Special Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclaiming Sept. 17 - 23 as Constitution Week in the City of Stillwater OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. 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 9. Building Official 10. City Attorney 11. City Coordinator CONSENT AGENDA * 1. Resolution 98-243: Directing Payment of Bills 2. Contractors Licenses: Metro General Services, Inc, Rogers, MN; Nordling Construction Co., Inc., St. Paul; 3-D Landscaping, Marine on the St. Croix; Draintiling, Inc., Maplewood; Kuehn Excavating, White Bear Lake; Nordquist Sign Co., Minneapolis 3. Resolution 98-244: Approval of Change order # 9 - St. Croix Recreation Center 4. Resolution 98-245: Contract with Thomas Cleaning Co. for lead removal in firing range 5. Resolution 98-246: Employment of Della (Sam) Finizio as part-time firefighter 6. Replacement of gas monitor - Fire Department 7. Release of funds 1998 capital budget- Library Board 8. Exemption from lawful gambling license - Church ofSt. Michael, Nov. 7, 1998 9. Request to close the 1300 block of South First Street for block party 9/27/98 10. Resolution 98-247: Agreement with Alan Merrick's Soccer Academies, Inc., for use of St. Croix Valley Soccer Dome 11. Purchase of three computers - Police Department 12. Resolution 98-248: Approving form of deed for conveyance of City land to Lakeview Hospital 13. Resolution 98-249: Purchase of blueprint copier - Planning and Engineering Depts. City Council Meeting 98-23 September 22, 1998 UNFINISHED BUSINESS 1. Report from Planning Commission, Heritage Preservation Commission, and Park Board regarding alternative locations for new riyer crossing 2. Consideration of proposal to perform historical reconnaissance of Aiple property and Kolliner Park for inclusion in Downtown Historic District. NEW BUSINESS 1. Resolution: Accepting street easement on 3rd Ave. S. 2. Discussion ofNSP proposal for downtown decorative lights 3. Request from Cable Commission for internet service for Stillwater Recreation Center 4. Request by Croix Builders, Inc., for extension of contract deadlines for purchase of city property for condominium and parking ramp 5. Resolution: Contract with Katharine Widin, Consulting Forester and Roger Tompten, T ompten Environmental Design for design services for Liberty and Legends Development PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS I. Bill and Bonnie Hubbard - request for exemption to moratorium on building on North Hill 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. . . . '. :, CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-21 September 1, 1998 .GULAR MEETING The meeting was called to order by Mayor Kimble at 4:30 p.m. . . 4:30 P.M Present: Absent: Councilmembers Bealka, Zoller and Mayor Kimble Councilmembers Thole, Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Fire ChiefKallestad Police Chief Dauffenbach Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier News Mark Brouwer, Stillwater Evening Gazette STAFF REPORTS City Coordinator Kriesel updated Council on the 1999 Proposed Budget. He stated he had previously advised Council they had two options regarding the 1999 Budget: 1) Adopt the proposed budget of $6,477,801 and the tax levy of$4,237,385; or 2) table action until a future meeting, but before Sept. 15th. He added a third option to adopt a proposed budget that would be equal to the revenues shown on the worksheet entitled" 1999 Requested Operating Budget". The revenues on the worksheet of $6,390,457 plus the General Fund Capital Outlay of $454,385, would make the proposed budget $6,814,842. He recommended Council adopt a proposed budget of$6,814,842 and tax levy of $4,237,385 and direct staff to pare expenditures to that level prior to adoption of the budget in December. He further recommended setting the dates for the Truth in Taxation public hearing for December 1, 1998, and a continuation on December 8th, if needed. (These recommendations were approved on the consent agenda later in this meeting.) Finance Director Deblon provided information on the impact of the budget on the tax levy. Police Chief Dauffenbach reported that as a result of an upgrade to the Washington County radio system, the base radio in the Stillwater Police Department is outdated and cannot communicate with Washington County's new system. This means that neither dispatch nor the police officer can hear or talk with the Washington County Shenffs Office except by portable radio. This is a safety issue and a necessary communication function. No money has been allocated in this year's budget for a new base radio. The cost would be $5657.25. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 98-237 approving the purchase of a base radio for Police Department for an approximate cost of $5,660. All in favor. Chief Dauffenbach also reported Chris Felsch had resigned as juvenile officer. He recommended the promotion of Carla Cincotta to juvenile officer, effective today. . City Council Meeting 98-21 September I, 1998 , Motion by Councilmember Bealka, seconded by CounCilmember Zoller to adopt Resolution 98-238 approving promotion of Carla Cincotta to juvenile officer, effective September 1, 1998. All in favor. . Recess at 4:55 p.m. Mayor Attest: City Clerk CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-21 September 1, 1998 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell Finance Director Deblon Police Chief Dauffenbach City Clerk Weldon . Press: Julie Kink, Courier Mark Brouwer, Stillwater Evening Gazette Motion by Councilmember Bealka, seconded by Councilmember Thole approve the minutes of the August 18, 1998, Special and Regular Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Petition from property owners to maintain McKusick Lake at the present level. Chuck Fredrickson, 1602 McKusick Lane, presented a petition from several property owners surrounding Lake McKusick to request 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 of853.5 feet above sea level indefinitely. He stated that at the June 2nd Council workshop, he and a group of McKusick Lake residents had presented a Vision Statement regarding the quality of McKusick Lake. Of their concerns, the water level was paramount. Lowering the lake level would destroy the lake. At that meeting, the residents were informed the Department of Natural Resources controls the lake . level. The City recommended as a first step the residents get unanimous approval of shoreline owners. 2 '. City Council Meeting 98-21 September 1, 1998 Gayle Siegler, 1410 Meadowlark, stated the water level is dramatically lower. They have gained two feet of shoreline. . Mark Hoffman, 270 Wildwood Court, stated the water level has dropped two feet. The success of Stillwater is because it is scenic. He used to be able to see the water when he walked his dog around the ballpark; now he is able to see it in only a few places. Katie Jablonski, 757 Green Twig Way, reported the spillway used to flow. Now it is 15 to 20 feet of cattails. The consensus of the residents appearing was that the level is going down and the bottom is rising. Bob Brothen, 1636 Meadowlark Dr., reported there used to be trappers and duck hunters in the area when it was higher. Dan Fleming, 921 Lecuyer Drive; stated no water was visible until the brush was cleared at his property . Neil Smith, 820 Towne Circle, stated this is the only property available to all residents. Time was of the essence in protecting this resource. . City Engineer Eckles reported staff would need to further study the issue before approaching the DNR. There would be potential cost impacts to maintaining the lake at higher levels than intended. The ultimate system to protect the entire lake region was not yet in place. Mr. Eckles stated a study on flood impacts and costs must be completed and the ADAR reanalyzed. City Attorney Magnuson stated the DNR position is a legal position that the artificial raising is an illegal taking of property. Motion by Councilmember Thole, seconded by Councilmember Bealka accepting the petition to the City of Stillwater and MN Dept. of Natural Resources requesting the water level of Lake McKusick be maintained at its current level of 853.5 feet, and directing staff to develop an action plan and dialogue with state agencies. All in favor. The meeting was recessed at 7:55 p.m. and reconvened at 8:03 p.m. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. All in favor. .4. 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. 3. Resolution 98-224: Relating to financing of certain proposed projects undertaken by the City of Stillwater establishing compliance with reimbursement bond regulations under the Internal Revenue Code. Resolution 98-225: Setting date for Truth in Taxation public hearing for Dec. 1, 1998, at 7 p.m. and continuation, if needed, for December 8, 1998, at 7 p.m. 3 City Council Meeting 98-21 September I, 1998 . 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 machi. 7. U.S. Bench Corp. - Request for license renewal. 8. Request for installation of Banner - League of Women Voters, Oct. 19 - Nov.3, 1998. 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. 10. Resolution 98-229: Approving Execution of Sub-Grant Agreement with the Minnesota Department of Public Safety Division of Emergency Management for Federal Disaster Funding. 11. Resolution 98-230: 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). 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. 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. Community Development Director Russell reported that Daniel Kalman has requested a resubdivision of Lot 5, Block 42, Carli & Schulenburg's Addition. Lot 1 was purchased by the owner of301 E. Willow Street last year, but was not recorded with the City. Lot 2 is being purchased by the buyer of the home at 309 E. Willow Street. The request is to resubdivide a 50' x 150' parcel into two parcels. Lot 1 (50'x 150') would merge with 301 E. Willow Street. The remaining Lot 2 (50'x 50') would merge with 309 E. Willow Street. The Planning Commission recommended approval with the following conditions: 1) approval of City Engineer, 2) Legal survey to be recorded, and 3) sign a waiver of the right to object to the assessment of municipal sewer and water. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-239 approving the resubdivision of Lot 5, Block 42, Carli & Schulenberg's Addition. All in favor. UNFINISHED BUSINESS 1. Municipal License for James andKay Anderson and Marine Leasing LLP for use of tunnel connecting. Connolly Shoe Building and the West Publishing Building. 4 City Council Meeting 98-21 September 1, 1998 City Attorney Magnuson reported that Jeanne Anderson requested a license to use the existing tunnel . beneath Commercial A venue that connects what was the Connolly Shoe building to the former new Conoco building, recently owned by West Publishing Company. The Andersons plan to buy the West Publishing building and the two buildings would be under common ownership. They would like to use the tunnel and formalize its existence. The tunnel has been inspected by the Fire Chief, the Building Inspector and the Engineering department and appears safe and fit for use. City Attorney Magnuson prepared a license for the Andersons to use the tunnel for consideration by Council. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-240 approving the municipal license to James and Kay Anderson and Marine Leasing, LLP to grant non-exclusive right to use the 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. All in favor. NEW BUSINESS 1. Consideration of no-parking on Chillakoot Hill and S. 2nd Street. City Coordinator Kriesel reported that he has discussed the parking situation on South 2nd Street (Chillakoot Hill) with staff and recommends that parking not be allowed on either side of the street between Nelson and Pine Streets. The potential for traffic accidents exists because ofthe grade and narrowness of the street. ~otion by Councilmember Thole, seconded by Councilmember Cummings approving Resolution 98-241 .tablishing no parking on South 2nd Street between Nelson and Pine Streets. All in favor. 2. Possible acquisition of tax forfeit land. City Coordinator Kriesel reported that there are certain parcels of land available to the City due to tax forfeiture. The Parks and Recreation Committee is recommending that the City acquire Lots 17 & 18 of Block 1 of Radles Hilltop Addition for future parks and open space. City Coordinator Kriesel is also recommending that the City acquire a parcel that is part of Tuenge Drive and Shelton Drive. A defect in the platting of this area excepted this parcel from the street right-of-way. The City can acquire these parcels at no cost. City Attorney Magnuson also requested a scrap parcel (part of Lot 1, Block 1, Hersey, Staples and Co.'s Addition) found to be tax forfeit during Barry Stack's survey of the Aiple property, be acquired by the City. This parcel is part of the right-of-way for access to the south. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 98-242 authorizing the City to apply for the reconveyance of tax forfeited lands. All in favor. COMMUNICATIONSIREQUESTS 1. Letter from LuAnn Wood regarding the 62nd Street Addition. . A letter was received from LuAnn Wood expressing her concern about the 62nd Street Addition. Ms. Wood feels that the traffic flow on this street is already very large and that the addition of another 5 City Council Meeting 98-21 September 1, 1998 600-800 cars daily would cause too much traffic in this neighborhood. She is asking that Council consider having the addition to 62nd Street have its own access from Hwy. 5 or to choose the option. which contains no through street on Nightingale Blvd. She also expressed concern over the watershe problem in this area due to additional development. Mayor Kimble noted the Planning Commission turned down the request for the 62nd Street connection at their August 31 st meeting. 2. Letter from Willie Madline regarding the skateboard facility at Northland Park. A letter was received from Willie Madline stating that the addition of skateboarding to Northland Park was welcome and better utilizes the park. Mr. Madline stated that he would rather have a place that the kids can enjoy instead of trying to invent their own fun in another part of the city that can't accommodate them. He requested his letter be included in the minutes of the meeting. Motion by Councilmember Bealka, seconded by Councilmember Thole to note in the Sept. 1 st minutes the receipt ofthe letter from Willie Madline in support for the Northland Park skateboard facility. All in favor. COUNCIL REQUEST ITEMS Mayor Kimble referred to the memo from Clerk Weldon and reminded Council that because the Primary Election will be held on Tuesday, September 15th, the regularly scheduled second Council meeting of the month has been rescheduled for Tuesday, September 22, 1998. .. STAFF REPORTS (continued) City Coordinator Kriesel reported a letter has been received from Patricia Hanson, 50 I Quarry Lane, requesting the City do nothing further regarding her land until the matter is submitted to the Supreme Court for resolve. Motion by Councilmember Thole, seconded by Councilmember Zoller to take no action on the property at 501 Quarry Lane until an executive session is held to discuss litigation of this matter. All in favor. Community Development Director Russell requested the Council direct the recreation center project manager review the Cooperative Construction Agreement No. 77535 with MnlDOT for the Trunk Highway 36 Park and Ride Lot which was approved earlier in the meeting. If any calculations need to be changed, he will work with MnlDOT to amend the agreement. Motion by Councilmember Thole, seconded by Councilmember Zoller directing Community Development Director Russell to review the Cooperative Construction Agreement No. 77535 with MnlDOT for the Trunk Highway 36 Park and Ride Lot with the recreation center project manager. Community Development Director Russell also requested authorization for a Planning Commission member and a member of the Planning staff to attend an open space workshop on Tuesday, Sept. 8. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the request for a . Planning Commission member and a Planning staff member to attend the open space workshop on Sept. 8th. All in favor. 6 City Council Meeting 98-21 September 1, 1998 Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 8:27 p.m. All in favor. . Attest: Mayor City Clerk Resolution 98-223: Directing Payment of Bills Resolution 98-224: Relating to financing of certain proposed projects undertaken by the City of Stillwater establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 98-225: Setting date for Truth in Taxation public hearing for Dec. 1, 1998, at 7 p.m. and continuation, if needed, for December 8, 1998, at 7 p.m. Resolution 98-226: Promotion of Jeff Magler to patrol sergeant Resolution 98-227: Agreement with Midwest Spine Institute for funding of Zamboni resurfacing machine Resolution 98-228: Approving Cooperative Construction No. 77535 Between MN/DOT and the City of Stillwater for Trunk Highway 36 Park and Ride Lot. Resolution 98-229: Approving Execution of Sub-Grant Agreement with the Minnesota Department of Public Safety Division of Emergency Management for Federal Disaster Funding Resolution 98-230: Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for 1998 Street Reconstruction (So. 1 st Street and Surrounding Areas, Project 9802, L.I. 334). 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) eesolution 98-232: Calling for Hearing on Proposed Assessment for 1998 Street Reconstruction (So. 1 st Street and Surrounding Areas, Project 9802, L.I. 334) Resolution 98-233: Calling for Hearing on Proposed Assessment for Curve Crest Boulevard Street Rehabilitation (Project 9803, L.I. 335) Resolution 98-234: Accepting Quotation from Fuhr Trenching for Sanitary Service Installation. Resolution 98-235: Adopting proposed tax levy for the year 1999 Resolution 98-236: Adopting proposed budget for the year 1999 Resolution 98-237: approving the purchase of a base radio for Police Department for an approximate cost of $5,660. Resolution 98-238: approving promotion of Carla Cincotta to juvenile officer, effective September 1, 1998. Resolution 98-239: approving the resubdivision of Lot 5, Block 42, Carli & Schulenberg's Addition. Resolution 98-240: approving the municipal license to James and Kay Anderson and Marine Leasing, LLP to grant non-exclusive right to use the 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. Resolution 98-241: establishing no parking on South 2nd Street between Nelson and Pine Streets. Resolution 98-242: authorizing the City to apply for the reconveyance of tax forfeited lands. . 7 . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-22 September 16,1998 SPECIAL MEETING 7 :30 A.M. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Clerk Weldon Press: None CANVASS OF VOTES The meeting was convened for the purpose of canvassing the votes for the Primary Election held on September 15, 1998. Council reviewed the Abstract of the Votes with the computer totals for the four Stillwater Wards and noted the following results: Mavor Jay Kimble Nance Purcell Glen Thompson David "Choc" Junker 1240 957 362 701 Councilmember - Ward 4 Gene "Taco" Bealka 396 Gary Funke 67 David Green 415 Motion by Councilmember Thole, seconded by Councilmember Cummings to accept the ballot figures presented declaring Jay Kimble and Nance Purcell as the candidates for the office of Mayor and Gene "Taco" Bealka and David Green as the candidates for Councilmember Ward 4 to be on the ballot for the General Election on November 3, 1998. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 7:45 a.m. All in favor. Mayor Attest: City Clerk City ob g UQQwatetl. JUhltlegota cP tlOcQamatiOtl WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 1998 marks the two hundred eleventh anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and . WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the president of the United States of America designating September 1 ih through 23rd as Constitution Week, NOW, THEREFORE, I, JAYL. KIMBLE, by virtue of the authority vested in me,as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim the week of September 1 ih through 23rd as CONSTITUTION WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 9th day of the year of our Lord one thousand nine hundred and ninety ~ight. . ~# v'Uayolt , "'- '-- '\"" a . .i1orandum ------------------------------------------. To: MAYOR KIMBLE AND CITY COUNcil MEMBERs CC: NILE KRlEsEL From: POLICE ClIlEF LARRy DAVFFENBACH Date: 09/17/98 Re: FALL ART FAIR ..u......:::::::::.:::::.:::: .. ........... ..... .... '.. ... ..... ~ h ~.. '. ". City staff is CUlreotly worl<ing with the StiJJ_er City Ch_er of Comm_ on the Fall Art 1'..., The dates of the 1llir an: Oct 2, 3 and 4. They will be serving alCOhol in the Jllld< from 11;00 itiii'iO:6:00 p.m. on Saturday and from 1I:00am to 5:00pm on Sunday. T 0ta/1IUJ!Jber of!lours is 13. :I1iii.#iii:gqWres that a POlice officer be on doty during the times when alcohol is sold. The StiU_ CityC/@iiber is a Oon-profit Olganizatioo and has reqUested that the po/jce </epanment provide ao ~J!j""tl1>r.this period at no ~e to them. In the past when we have P<ovided ao officer, the city hasiiJaikif'Cash COotributioo to the ol"8anizatioo and then they have hired off doty officer for their ifuidji,ii:!~y doing thi~ it saves the police det>artment from paying overtime rates. ...................... : EiicI6.s.ed is a copy of their request. ............................. .............................. '.. .... ........ ..u.... ......... .'''..... . ... ...... .................. .u.......... ... .""" .u.... ..... .......... ........ .... ..................... 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E 'S;':E:S2'2:"28ES2H2H282':'~;S'-~i8 1 , ~ ID;ik~:- L I 1 I 1 L _ _ _ _ _ _ _ _ J ~ -- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF SmLWA1ER CHAMBER OF COl\1l\1ERCE 4 September 15, 1998 Chief Larry Dauffenbach Stillwater Police Dept. 214 North 4th Stillwater, NfN 55082 Chief Dauffenbach, The Fall Art Fair Committee requests that the Stillwater Police Department provide daytime suryeillance for that event at no chame to the City of Stillwater Chamber. As noted in the event worksheet, daytime hours of duty would be Saturday, Oct. 3 from I LOO a.rn. to 6:00 p,m. and Sunday, Oct. 4 from 11:00 a.m. to 5:00 p.rn. . The Fall An Fair Committee will pava Sworn Stillwater Police Officer (at the agreed upon rate of S25./hr.) for niehttime security Friday, Oct. 2 from 9:00 p.m. to Saturday, Oct. 3,6:00 a.m., and on Saturday, Oct. 3 from 9:00 p.m. to Sunday, Oct. 4, 6:00 a.m. Thank you for your consideration. Please call me with any questions or comments. Diane Rollie, Event Chair Cc: Officer Bruce Klosowsky, Event Liason . P.O. BOX 516, STILLWATER, MN 55082 PHONE: 612-439-4001' FAX: 612-439-4513' E-MAIL: CHAMBER@STLLWTR.COM. WEBSITE: HTTP://WWWSTLLWTR.COiv1/CHAMBER / 1'/' City Council Meeting No, 98-14 , " - - June 16, 1998 Motion by Councilmember Thole, seconded by Councilmember Bealka setting budget meetings with Department Heads for August 11th (4:30-9 p.m.), 12th (5-9 p.m.), and 18th (4:30-6 p.m.). All in favor. Captain Dauffenbach reported the event calendar submitted by the City of Stillwater Chamber of Commerce for Music on the Waterfront meets all requirements for security. They are also requesting one police officer for each concert. (action taken at end of meeting: contribution of $350 to City Chamber of Commerce to hire off-duty police officer) ~ " ' Community Development Director Russell presented a letter from SRF Consulting Group, Inc, informing Council they have been retained by Richard Braun, facilitator in the mediation process to resolve the impasse with the construction of the proposed interstate bridge, for technical assistance as part of the mediation process. They would have no decision-making role. SRF informed Mn/DOT they are under contract with the City for the preparation of the Aiple/Kolliner Park Master Plans. Mn/DOT did not consider a conflict of interest to exist. City Attorney Magnuson stated he concurred that there does not appear to be a conflict of interest. (No action necessary) City Engineer Eckles reported NSP is currently offering a program to update the City's 12 traffic signals to use state-of-the-art luminaries. The cost savings of using luminaries would be $7200 per year. The cost for conversion is $36,135. The NSP Loan Agreement provides that the dollars saved each year can be used to offset the total cost of the LED system. The payback period would be five years. After the payback period, the City will see a real savings in expenditures of $7200 per year. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-155 approving the loan agreement with NSP for conversion of twelve traffic signals to LED systems. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Fire Chief Kallestad recommended the promotion of Christopher Zeuli to full-time firefighter. (consent agenda) Building Inspector Zepper requested the purchase of file cabinets and authorization for the Building Official and Building Inspector to attend the ICBO Annual Business Meeting in San Diego, CA. (consent agenda) City Attorney Magnuson reported he has received a copy of the confidentiality agreement regarding settlement discussions related to the proposed new bridge crossing over the St. Croix River. The City, along with the United States, through the United States Department of Justice, the State of Wisconsin, the State of Minnesota, the City of Oak Park Heights, and the Metropolitan Council have been asked to sign the agreement. The request for the agreement has been made because the parties to the agreement are parties to a lawsuit filed in the United States District Court for the District of Minnesota, captioned Sierra Club North Star Chat'ter et al. v. Pena. et al. Civil No. 4-96-547, concerning a proposed new bridge crossing over the S1. Croix River. The agreement would allow the free flow of discussion without the fear the information discussed could be used by one side or the other for litigation purposes. 3 '~counCil Meeting No. 98-14 June 16, 1998 4 " Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98 -162 directing the City Attorney to take necessary steps to acquire the "Amundson" property, located east of Amundson Drive and west of Stonebridge School. All in favor. . City Coordinator Kriesel also reported Elayne Aiple is offering the floating vessel Cayuga to the City. Council determined more information such as possible use, cost of renovation, and cost of upkeep was needed. Council directed staff to thank Mrs. Aiple for the offer and inform her a decision will be made as soon as staff returns with more information. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing staff to thank Elayne Aiple for the offer of the floating vessel Cayuga to the City and report back on the possible use and cost of maintenance of the vessel. All in favor. City Coordinator Kriesel asked Council to authorize the contribution of $350 to the City Chamber of Commerce to offset the cost of hiring an off-duty police officer for Music on the Waterfront. This would be more cost-efficient than the City providing a police officer. This was discussed earlier in the meeting, but action was not taken at that time. Motion by Councilmember Bealka, seconded by Councilmember Cummings to authorize the contribution of $350 to the City of Stillwater Chamber of Commerce for an off-duty police officer for Music on the Waterfront. All in favor. Community Development Director Russell informed Council an open house will be held Thursday, June 18 from 6-8 p.m. at City Hall on the alternative park plans for the Kolliner and Aiple properties. . . Mayor Kimble requested Council commend the players and coaches of the Minnesota AA Champion girls softball team and boys track team. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 98-164 commending the players and coaches of the girls softball team and boys track team for being Minnesota AA Champions. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn at 6:26 p.m. All in favor. #~~ Attest: f7(5-lj~L~ JL~ City Clerk e. . 10 . Memorandum To: MAYOR KIMBLE AND CITY COUNCIL MEMBERS cc: NILE KRlESEL From: POLICE CIllEF LARRY DAUFFENBACH Date: 09/17/98 Re: FYI.......POLICE GRAm INFORMATION The Stillwater Police Department has been awarded a grant from the Washington County Department of Health and Land Management to conduct alcohol compliance checks. The grant award is for $1250 total. This will pay overtime and expenses for the department to do compliance checks on all t>w.i~Il,e.sses that sell alcohol within the city. The checks will begin immediately and will continue UiifiliilI:businesses have been checked. We are sending notifications to all businesses that the police ~niellt will be doing the checks. We have offered to assist them in the education of their staff ~:l~:p'ertaining to the sale of alcohol. There are 35 businesses in the city of Stillwater that will ~~~~~ checks. ........:.:........... .......... ................-.......... ....................... The police department has also received a grant from the Minnesota Department of Public Safety under the Omnibus Crime Bill. This is under the Community Orientated Policing program and the grant is for $5,000. The money will be used to put additional officers on the street in the downtown area next summer during high crime periods. We are going to be implementing some patrol techniques that we hope will make our downtown a safer place. ~~~~~~:::::-:-~~i.:~:;.;.~~.:.::-:-:-:::::::~~=~~~~~ ::: :::~:t~~~~~~~~~~~!~.:.:.:~:i~i==~i=i~i~it:~==~f:i: .--...:-:..--.--------..--..:.;.;;.;. :....:.~. . ~.:.~:.:.:..:.:.:;.:.:;.:.:.;-:. .~.:.:.: ~:.:_~:.;.:.:~.:.::.:.:..:.:.:.;.:.:.;;.:; .:. :..:.;:..:.:.:..: .:.:;.:.::.:.:..:.:.::.:. ::,::..:.:.;: : :':':'.::':' ::.:.:..: .:.:..:.:. :.;.,;.:.;.:. :":':':';':':';.: ::.::": .:.:.:-::.:. ':'::.::":.: ;: .:.:..:. -----------------_..:.:.._-----:..;..:.:..:.:..;..:.:.:.:.:.:-:.:_..:..:.:.:.:..:.;.:.:..;.:.:.:.;.:;.:.:.:.:.:.::..:::..:.::..:.:.:.:.:.:..:..:.:.;.;:..;.;.:.;.:.:.:.::..:.:.;..:.;.:.:.:.:.;.::..:.:.:.:.;.:.~;:..;.;:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::..:.:.:..:.:.:.:.:.:.;;.:.;.:.:. .~iIB.Jit.&ifill1 1 LARRYJ.DAUFFENBACH CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA BRUCEJ.KLOSOWSKY CAPTAIN . POLICE DEPARTMENT t ~ V~~N<? f ~ C. 'f C(~1'1 )f L SL 'f-f-pv of ~.QrV /. September 16, 1998 Dear Business Owner/Manager The Stillwater Police Department has recently received a grant from tlte Washington COWtty Department of Health, Environment and Land Management to conduct alcohol sales compliance checks. The sale of alcohol to Wlderage purchasers is a concem of the citizens of Stillwater and the Stillwater Police Department. The Stillwater Police Department will begin to use compliance checks to enforce liquor sales laws in Stillwater, Minnesota. We believe that helping you to avoid law violations, such as selling alcoholic beverages to wtderage people, will help us to avoid problems that come with wtderage drinking. It is less expensive and easier to prevent youth access to alcoholic beverages than to investigate the motor vehicle crashes, fights, and other crime that WlOOrage drinking promotes. Nearly half of injury motor vehicle crashes involve drivers who had been drinking alcohol. Communities that have reduced tlte availability of alcohol to wtderage drinkers have experienced fewer crashes and fewer crimes. . We believe Stillwater businesses, which sell alcoholic beverages, do so in a responsible manner. I ant asking you to review with your employees. state laws and Stilhvater ordinances governing the sale of alcoholic beverages. Whenever in doubt about a purchaser's age, the sellcr should ask for proper idcntification; a Minnesota picture driver's license or a Minnesota picture identification card are idcal. Please remind your employee's that they and the license holder arc liable for criminal, civil, and administrative penalties for improper sales. Underage young adults will come into your business during the next few months to try to buy alcoholic beverages. Police officers will be working with these youths. Staff caught selling alcohol to Wldcrage buyers will be rcferred to the City Attorney for criminal prosecution. We want your staff to refuse alcohol sales to our underage buyers. We can offer the following tools to help ensure that your staff knows the law: · Copies of the valid 10 book (photo examples of proper Ids) can be obtained from the Minnesota Municipal Beverage Association at 1-800-848-4912 or the Minnesota Licensed Beveragc Association at (612) 486-0910. · At your request, we can send a Police Officer to your establishmcnt to give an informational talk on alcohol sales laws. · Recommend model policies for busincsses sclling or scrving alcohol can be obtained from thc University of Mimtesota 's Alcohol Epidemiology homepage, on the World Wide Web at: IInn:/ /"'\W.CIJi. ullIll.cdulalcohol · Contact your insurance company of alcohol distributor; they may provide training guides, signs, or information on training programs availablc in your area. . 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 · Fax: (651) 351-4940 Police Response/Assistance: 911 . . . Selling alcohol is a legitimate business that plays a valid role in our community. We pride ourselves in being a friendly and pro-active police department Selling alcohol is a privilege tJmtlms very specific responsibilities attached to it. We only ask that you fulfill tJlOse responsibilities. 11lis is our request for cooperation in a necessary effort by our community to reduce tJle availability of alcohol to our youth. Work WitJI us to ensure your business' compliance willi wlderage sales laws. would like further infonllation, please call Chief Larry DaufIenbach at 351-4900. e . . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND COUNCIL MORLI WELDON, CITY CLERK NOVEMBER COUNCIL MEETINGS 09/17/98 As you know, due to the November 3 election, the first meeting of November has been rescheduled for November 10. The following day is Veterans Day and the City offices are closed. The second meeting of the month is scheduled for November 17. There would be only two business days to prepare items for Council consideration. In the past, there has been very limited business to discuss in back-to-back meetings. If the November 17 meeting were cancelled, there would be only eleven business days between the November 10 and the December 1 meeting. (!be Thanksgiving holiday falls within that period and City offices are closed Nov. 26 and 27). Staff has been consulted and would be able to schedule necessary public hearings and business to coincide with only one meeting in November. Action requested: Council consideration of holding only one meeting in November (November 11>) and canceling the November 17 meeting. . . . Memo To: Mayor and Council From: Kim A. Kallestad Through: Nile Kriesel Date: September 18, 1998 Subject: Donations Received F. YI. Stillwater American Legion Post #48 recently donated $3,600, and Stillwater Elk's Lodge #179 recently donated $5,000. This $8,600 will be used for the purchase of three sets of SCUBA (self-contained underwater breathing apparatus) and a radio communications set. The underwater radio system is compatible with the air masks and will allow our divers verbal communications diver-to-diver and diver-to-surface for the first time. Diver safety will be greatly enhanced with all of this new equipment. This is especially important when diving in water with limited or no visibility, such as the St. Croix River. The Legion and Elk's previously donated money for rescue boats and other equipment. This will be the first time donations or City money have been used to purchase actual scuba gear. All scuba equipment to date has been purchased and supplied by individual divers in the fire department. We sincerely thank the Legion and Elk's. I will send thank you letters to both groups. When the equipment has arrived and been assembled, the fire department will invite members of the Legion, Elk's, and Council to see it all. . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 . TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff V FROM: David T. Magnuson, Stillwater City Attorney ~ DATE: September 17,1998 SUBJECT: Access Easement to Meadow Lark Park Pursuant to an agreement between Tim and Sig Cowen and the City, the City has obtained a twenty-five (25) foot wide access easement from Interlachen Drive to the new facilities in Meadow Lark Park. The agreement required that the City, as consideration for the transfer, pay to Trailhead Development the cost of providing utilities to other property owned by Cowens, not to exceed the sum of thirteen thousand and no/100 dollars ($13,000.00). Since our audit of the Trailhead costs reveal an average cost per lot of sixteen thousand one hundred fifty-three and 78/1 00 dollars ($16,153.78) per lot, we are satisfied that we owe the maximum payment of thirteen thousand and no/lOO dollars ($13,000.00) to Trailhead. Our access easement will now be recorded with Washington County and we request that the sum of thirteen thousand and no/lOO dollars ($13,000.00) payable to Trailhead Development Company be added to the bills for payment. DTWds . e, LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-243 . Ace Hardware Action Rental Airtouch Cellular Allied Blacktop Amoco-Sprint AT&T AT&T Wireless A T& T Wireless Long Distance Berkley Administrators Board of Water Commissioners Board of Water Commissioners Bonestroo, Rosene, Anderlik Boyt, Robert Brad Ragan, Inc. Braun Intertec Corporation Braun Pump & Control Brine's Market C.C. Sharrow Co. Capitol Communications Car Quest Auto Parts Cardinal Tracking Career Track Catco Parts & Service Central S1. Croix Valley Cable Chemsearch Construction Bulletin Coordinated Business Systems Courier Press Coverall Cleaning Concepts Creative Publishing International CY's Uniforms Del's Outdoor Power Equipment Desch, Mark & Gloria Divine,Scherzer, & Brody, Ltd. Earl F. Anderson Election Systems & Software Election Systems & Software Emergency Apparatus Equipment Supply, Inc Express Photo Firstar Corporate Trust Services Frana & Sons, Inc. Fred's Tire G & K Services Gannons Auto Body Geo W. Olsen . Paint, Wire Rope & Clips Storage Space, Lawn Edger Rental August Cellular Service Aggregate Traprock-Sealcoating August Fuel August Telephone Pager Service Long Distance Service Retro Insurance Adjustments Account #12-12130-00-7,12-12905 Hydrant Repair, Hydrant Markers Partial Plan Preparation-62nd Street Refund for Variance Request Tractor Tires & Repairs Testing Services Repair @ Aiple Lift Burgers, Chicken, Pasta, Corri Links for Fence 3rd Qtr Radio Maintenance Filters, Screws, Fittings 2nd Payment-Automated Ticket Writer Skill & Tact Seminar Parts-95 Dodge Tape Duplication-CC Weed Retardant Ad - Pioneer Park Retsroom Copy Machine Maintenance Council Minutes, Firefighter Ad Monthly Cleaning Park Deposit Refund Alterations, Emlems, etc. Lawn Mower, Weed Trimmer, etc. Parking Lease & Maintenance Park Deposit Refund Dead End & Arrow Sign Maintenance & Election Supplies Hardware Maintenance Service Tests, Repairs Maintenance & Repairs August Photo Processing Paying Agent Fees Grading Escrow Refund Tire Repair Uniform, Mop, & Rug Cleaning Repair Unit 203 Sports Complex, Lumber 296.31 366.68 296.32 47,431.71 3,334.27 112.13 22.72 4.77 101,959.00 32.60 447.15 10,315.20 70.00 514.52 451.00 5,843.07 688.86 10.30 456.00 83.42 3,430.13 , 79.00 111 .08 30.00 409.69 72.50 215.59 863.93 2,369.63 35.00 784.42 833.76 979.65 35.00 755.46 1,462.08 1,300.00 1,786.77 2,992.96 50.59 2,219.77 1,500.00 15.02 1,684.58 269.31 767,631.96 Goodwill Industries Gordon Iron & Metal Hance Office Machines & Equip. Healthcomp Evaluations Service Heritage Printing & Promotions Hi-Tech Signs I.T.L. Patch Company Infratech Jansens Cleaning Service Jim Hatch Sales Johnson,Jeff Kar Products KI Minnesota Kriesel, Nile Lake Management Lake Management Langness, Margaret League of MN Cities League of MN Cities League of MN Cities-Insurance Lind, Gladys M.J. Raleigh Trucking Magnuson Law Firm Maple Island Hardware Maxim Technologies Menards Metropolitan Council Metropolitan Council Metropolitan Council Miller, Davin Minnesota Dept of Human Svcs Minnesota State Treasurer Minnesota Sun Publications Mobile Vision National Institute on Park National Seminars Group New Horizons, Inc. Northwestern Tire On-Site Sanitation Oxygen Service, Inc. Pitney-Bowes Plant Health Associates PMI Computer Supplies Quantum Digital Imaging Quill Office Products R.W. Kirchner & Associates Reed Sales and Service Ruch, Mary Ruffridge Johnson Equipment ADC Expenses-August 98 Iron for Catch Basin Calculator Repair Drug Tests Photo Scans-August Newsletter Skating & Basketball Signs Badge Patches Cable for TV, Cutting for Roots, etc. Prison, Boilers, Library Maintenance Posts for Signs Advance for Trip Cable & Ties Cubicles Mileage, Software, Meals, Coffee Lily Lake Beach Pier Treatment Pond Treatment Park Deposit Refund 4th Quarter Workers Compo 1/4 Page Advertisement City's Insurance Deductible Pricipal & Interest Black Dirt, Remove Concrete Prosecution, Litigation Cleaner, Keys, Pipes, Staples Moisture, Density, Curing Testing Knife, Coupler, Tee, Car Wash, etc. SAC Monthly Charges, Stillwater Twnsp August Sewer Sptember Sewer Framing, Matting Miller Conference Fee Forfeiture Proceeds Lumberjack Days Ad Repair Video Camera-Unit 210 Park Conference, Membership Dues Payroll Management Seminar Corporate Training Coupons Dump & Sewer Truck Tires Weekly Service, Damage Waiver Oxygen for First Aid Kits Postage Meter Rental Tree Protection Services Printer Ribbons, Binders, etc. Blueprints Paper, Post-its, Labels Appraisal Report - Amundson Property Jari Mower Repair Natl Civic League Publications Parts for Roller Repair 335.49 63.37 45.00 44.00 1,010.35 415.35 63.08 1,637.40 1,554.00 359.13 500.00 81.87 6,026.59 147.96 1,873.00 2,372.00 35.00 44,152.25 135.00 500.00 927.00 178.40 6,093.08 97.64 414.00 34.36 12,343.75 96,334.91 96,334.91 46.63 45.00 46.86 162.87 60.00 340.00 179.00 1,000.00 957.21 268.25 4.50 135.79 855.00 121.88 25.35 234.55 2,200.00 166.63 154.00 29.95 . . .,., . . Saint Croix Area United Way Community Leadership Breakfast 150.00 Saint Croix Car Wash Police Car Washes 64.38 Saint Croix Office Supplies Bookends, Highlighters, etc. 693.92 Saint Croix Recreation Handicap Ramp Post 658.59 Sanders, Shawn APWA Conference Registration 315.00 Shilts, Cindy Car, Shuttle, Meals, Cab, Dues 183.27 Shirt Shop of Crystal Bike Patrol Lettering 16.80 Short. Elliot, Hendrickson Inc. City Hall Parking Study, Inspection, etc. 3,294.08 Sievert, Art Uniform Boots 207.35 Skyline Displays Midwest Art Prep 106.50 SRF Consulting Group Aiple Property Services 2,921.29 Stack, Barrett Survey Services 1,180.00 State of MN-Dept Labor/Industry Lily Lake Heater Inspection 60.00 Stillwater Chamber of Commerce Territorial Convention Celebration 4,605.00 Stillwater Equipment Company Baton Holder, Mace Holder 49.93 Stillwater Ford Radio Repair, Diagnostic Light, etc. 148.03 Stillwater Gazette Ordinances, Public Accuracy Tests 181.12 Stillwater Sign Company Plywood Sign 127.80 Stillwater Towing Suad, Forfeiture Tows, 98 Lumina Tow 200.08 Streichers Dummy Rounds, Targets, Vest Holder 151.32 TA Schifsky Tack & Asphalt 1,853.38 Tousley Ford Parts & Repairs 934.41 Tower Asphalt 98 Streets 136,762.42 . Treadway Graphics DARE Buttons, Shirts 72.78 Turning Pointe Business Envelopes 372.75 Twin Cities Service Center Radio Service Contract 197.86 U.S.1. Pocket Clips - I.D. Cards 30.57 USA Waste Services of MN August 98 Service 90,534.78 Valley Trophy, Inc. Brass, Granite w/ Lettering 18.03 Vicom, Inc. Telephone Programming, etc. 1,081.56 Viking Industrial Replace Gas Monitor 1,538.93 Viking Office Products Printer Ribbons 45.80 Walmart Cassettes, Tapes, etc. 102.23 Wash. County Attorneys Office Forfeiture Proceeds 93.90 Wash. County Community Svcs. Adversarial Interview Seminar 30.00 Wash. County Public Works Stripping Sheets 92.48 Wash. County Sheriff's Dept. I.D.Cards Setup 1,000.00 Watson, Dennis Cash Register, Date, Password 430.00 Weldon, Morli Mileage, Refreshments, Meals 80.07 Wybrite, Inc. Maintenance & Repairs 1,166.99 Yocum Oil Company Gas, Diesel for Street, Shop 149.58 Zee Medical Service Antibiotic, Tape, Wipes 94.31 Zepper, Allen Lodging, Car Rental - Conference 1,765.74 Ziegler Gasket for Loader 1.62 Zoller, Robert Film, Processing, Lumber 52.22 MANUALS-SEPTEMBER 1998 . ABS Company 1st Half Payable 1998 TIF 2,217.61 Appletree Institute Appletree Institute Delta Dental Lake Area Bank/Schoonover Lake Elmo Bank/Corner House Lake Elmo Bank/Simonet Lanoga Corporation Semler, John D. and Kelly M. U.S. Postal Service ADDENDUM TO BILLS Jay Bros., Inc. Northern States Power Co. Trailhead Development US West October Health Insurance September Health Insurance Cobra Dental Ins-Sept 1998 1 st Half Payable 1998 TIF 1st Half Payable 1998 TIF 1st Half Payable 1998 TIF 1 st Half Payable 1998 TIF 1 st Half Payable 1998 TI F Postage-Election Notice Mailing Pioneer Park Wall Electricity, Gas Reimbursement Utilities-Access Agrmt Telephone Charges Total Due: Adopted by the City Council this 22nd day of September, 1998. APPROVED FOR PAYMENT 17,449.25 8,487.50 42.65 6,617.07 7,875.00 15,750.00 9,222.14 6,638.86 800.00 . 9,025.43 29,434.93 13,000.00 2,706.39 1,628,879.97 . .\ . . . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-243 Ace Hardware Action Rental Airtouch Cellular Allied Blacktop Amoco-Sprint AT&T AT&T Wireless AT&T Wireless Long Distance Berkley Administrators Board of Water Commissioners Board of Water Commissioners Bonestroo, Rosene, Anderlik Boyt, Robert Brad Ragan, Inc. Braun Intertec Corporation Braun Pump & Control Brine's Market C.C. Sharrow Co. Capitol Communications Car Quest Auto Parts Cardinal Tracking Career Track Catco Parts & Service Central S1. Croix Valley Cable Chemsearch Construction Bulletin Coordinated Business Systems Courier Press Coverall Cleaning Concepts Creative Publishing International CY's Uniforms Del's Outdoor Power Equipment Desch, Mark & Gloria Divine,Scherzer, & Brody, Ltd. Earl F. Anderson Election Systems & Software Election Systems & Software Emergency Apparatus Equipment Supply, Inc Express Photo Firstar Corporate Trust Service.s Frana & Sons, Inc. Fred's Tire G & K Services Gannons Auto Body Geo W. Olsen Paint, Wire Rope & Clips Storage Space, Lawn Edger Rental August Cellular Service Aggregate Traprock-Sealcoating August Fuel August Telephone Pager Service Long Distance Service Retro Insurance Adjustments Account #12-12130-00-7, 12-12905 Hydrant Repair, Hydrant Markers Partial Plan Preparation-62nd Street Refund for Variance Request Tractor Tires & Repairs Testing Services Repair @ Aiple Lift Burgers, Chicken, Pasta, Corn Links for Fence 3rd Qtr Radio Maintenance Filters, Screws, Fittings 2nd Payment-Automated Ticket W Iter Skill & Tact Seminar Parts-95 Dodge Tape Duplication-CC Weed Retardant Ad - Pioneer Park Retsr m Copy Machine Mainte nce Council Minutes, Fir Ighter Ad Monthly Cleaning Park Deposit Re~ nd Alterations, Ems, etc. Lawn Mower eed Trimmer, etc. Parking Le se & Maintenance Park De sit Refund Dead d & Arrow Sign Main nance & Election Supplies Har. ware Maintenance S rvice Tests, Repairs aintenance & Repairs August Photo Processing Paying Agent Fees Grading Escrow Refund Tire Repair Uniform, Mop, & Rug Cleaning Repair Unit 203 Sports Complex, Lumber 296.31 366.68 296.32 47,431.71 3,334.27 112.13 22.7 4 7 101,9 .00 32.60 447.15 10,315.20 70.00 514.52 451.00 5,843.07 688.86 10.30 456.00 83.42 3,430.13 79.00 111.08 30.00 409.69 72.50 215.59 863.93 2,369.63 35.00 784.42 833.76 979.65 35.00 755.46 1,462.08 1,300.00 1,786.77 2,992.96 50.59 2,219.77 1,500.00 15.02 1,684.58 269.31 767,631.96 Goodwill Industries Gordon Iron & Metal Hance Office Machines & Equip. Healthcomp Evaluations Service Heritage Printing & Promotions Hi-Tech Signs I.T.L. Patch Company Infratech Jansens Cleaning Service Jim Hatch Sales Johnson, Jeff Kar Products KI Minnesota Kriesel, Nile Lake Management Lake Management Langness, Margaret League of MN Cities League of MN Cities League of MN Cities-Insurance Lind, Gladys M.J. Raleigh Trucking Magnuson Law Firm Maple Island Hardware Maxim Technologies Menards Metropolitan Council Metropolitan Council Metropolitan Council Miller, Davin Minnesota Dept of Human Svc Minnesota State Treasurer Minnesota Sun Publications Mobile Vision National Institute on Park National Seminars G7rou New Horizons, Inc. Northwestern Tire On-Site Sanitation f Oxygen Service, In.,,.! ~ Pitney-Bowes ! Plant Health Asspciates PMI Computer Aupplies Quantum Digital Imaging Quill Office Products R.W. Kirchner & Associates Reed Sales and Service Ruch, Marf Ruffridge Johnson Equipment ADC Expenses-August 98 Iron for Catch Basin Calculator Repair Drug Tests Photo Scans-August Newsletter Skating & Basketball Signs Badge Patches Cable for TV, Cutting for Roots, etc. Prison, Boilers, Library Maintenance Posts for Signs Advance for Trip / Cable & Ties / Cubicles /. Mileage, Software, Meals, Coffee / Lily Lake Beach Pier ~atment Pond Treatment i Park Deposit Ref\JjitC1 4th Quarter WOD ':ers Compo 1/4 Page AdVfl isement City's Insura ice Deductible ;, Pricipal & I terest Black Di , Remove Concrete Prosec ion, Litigation Clean r, Keys, Pipes, Staples Moi ure, Density, Curing Testing Kni e, Coupler, Tee, Car Wash, etc. S C Monthly Charges, Stillwater Twnsp ugust Sewer Sptember Sewer Framing, Matting Miller Conference Fee Forfeiture Proceeds Lumberjack Days Ad Repair Video Camera-Unit 210 Park Conference, Membership Dues Payroll Management Seminar Corporate Training Coupons Dump & Sewer Truck Tires Weekly Service, Damage Waiver Oxygen for First Aid Kits Postage Meter Rental Tree Protection Services Printer Ribbons, Binders, etc. Blueprints Paper, Post-its, Labels Appraisal Report - Amundson Property Jari Mower Repair Natl Civic League Publications Parts for Roller Repair 335.49 63.37 45.00 44.00 1,010.35 415.35 63.08 1 ,637.40 1,554.00 359.13 500.00 81.87 6,026.59 147.96 1,873.00 2,372.00 35.00 44,152.25 135.00 500.00 927.00 178.40 6,093.08 97.64 414.00 34.36 12,343.75 96,334.91 96,334.91 46.63 45.00 46.86 162.87 60.00 340.00 179.00 1,000.00 957.21 268.25 4.50 135.79 855.00 121.88 25.35 234.55 2,200.00 166.63 154.00 29.95 . . . . . . Saint Croix Area United Way Community Leadership Breakfast Saint Croix Car Wash Police Car Washes Saint Croix Office Supplies Bookends, Highlighters, etc. Saint Croix Recreation Handicap Ramp Post Sanders, Shawn APWA Conference Registration Shilts, Cindy Car, Shuttle, Meals, Cab, Dues Shirt Shop of Crystal Bike Patrol Lettering Short, Elliot, Hendrickson Inc. City Hall Parking Study, Inspection, etc. Sievert, Art Uniform Boots Skyline Displays Midwest Art Prep SRF Consulting Group Aiple Property Services Stack, Barrett Survey Services State of MN-Dept Labor/Industry Lily Lake Heater Inspection Stillwater Chamber of Commerce Territorial Convention Celebration Stillwater Equipment Company Baton Holder, Mace Holder Stillwater Ford Radio Repair, Diagnostic Light, etc. Stillwater Gazette Ordinances, Public Accuracy Tests Stillwater Sign Company Plywood Sign Stillwater Towing Suad, Forfeiture Tows, 98 Lumina Tow Streichers Dummy Rounds, Targets, Vest Holder TA Schifsky Tack & Asphalt Tousley Ford Parts & Repairs Tower Asphalt 98 Streets Treadway Graphics DARE Buttons, Shirts Turning Pointe Business Envelopes Twin Cities Service Center Radio Service Contract U.S.1. Pocket Clips - 1.0. Cards USA Waste Services of MN August 98 Service Valley Trophy, Inc. Brass, Granite w/ Letteri g Vicom, Inc. Telephone Programmi ,etc. Viking Industrial Replace Gas Monitor Viking Office Products Printer Ribbons Walmart Cassettes, Tapes, tc. Wash. County Attorneys Office Forfeiture Procee s Wash. County Community Svcs. Adversariallnte iew Seminar Wash. County Public Works Stripping Shee Wash. County Sheriffs Dept. I.D.Cards Se p Watson, Dennis Cash Regis r, Date, Password Weldon, Morli Mileage, freshments, Meals Wybrite, Inc. Mainten ce & Repairs Yocum Oil Company Gas,O'esel for Street, Shop Zee Medical Service Antibiotic, Tape, Wipes Zepper, Allen Lodging, Car Rental - Conference Ziegler Gasket for Loader Zoller, Robert Film, Processing, Lumber 150.00 64.38 693.92 658.59 315.00 183.27 16.80 3,294.08 207...35 / 106.50 / 2,921.29 ,180.00 60.00 4,605.00 49.93 148.03 181.12 127.80 200.08 151.32 1,853.38 934.41 136,762.42 72.78 372.75 197.86 30.57 90,534.78 18.03 1,081.56 1,538.93 45.80 102.23 93.90 30.00 92.48 1,000.00 430.00 80.07 1,166.99 149.58 94.31 1,765.74 1.62 52.22 RESOLUTION 98 - 244 APPROVAL OF CHANGE ORDER # 9 FOR THE ST. CROIX VALLEY SPORTS COMPLEX . NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order # 9 for the construction of the St. Croix Valley Sports Comple3<: in the amount of$73,142.00 is hereby approved: Floor Drain in the Zamboni room Patch precast walls around steel joist on north wall Of the Ice Arena Upgrade high-lift overhead door #019B Extend exterior stairs at south end of link entrance for Dome. Extra lintels for room #105 & 107 Footings and masonry walls to support concrete slab at the south side Footing and masonry walls to support concrete slab at north bleachers $ 2,300.00 Furnish brick at each end of front glu-lams $ 1,819.00 Compromise on upgrading the fire sprinkler system $10,000.00 Exterior egress stairway from the south bleachers. $14,824.00 Changes in the exterior lighting for the ice rink $ 2,585.00 Change Cold Water piping from 2" to 2 lIz" $ 1,099.00 Egress around dome - panic' hardware, blacktop sidewalks and fencing changes Concession Room I 07 changes Change Order # 9 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. TOTAL Adopted by Council this 22nd day of September, 1998. Attest: $ 200.00 $ 3,461.00 $ 382,00 $ 8,185.00 $ 1,797.00 $ 2,623.00 . $10,366.00 $13,501.00 $73,142.00 Morli Weldon, City Clerk Jay Kimble, Mayor . . MemorandlUI1~ To: MAYOR KIMBLE.AND CITY COUNCIL MEMBERS CC: NILE KRIESEL From: POLICE CHIEF LARRY DAUFFENBACH Date: 09/16/98 Re: POLICE PISTOL RANGE IN BASEMENT. .. ..................... ... .. . ......... .........-.-........ The police pistol range in the basement has been closed since the building remodel. The range has been used over the last 25 years with a metal plate reflector and sand for catching the lead bullets. These types of ranges have been shut down f;YPQJ!ution control as the lead dust created by them are dangerous. I have recently had.ihe.:range checked by Bay West, a hazardous material handling company. The *#.~4~~..~(the tests show that the range is in excess of the HOD requirements for lead J~y..e.~~~:f:9j safety reasons I have placed this area off limits to all employees until the f:?~~s can be cleaned up. ..... ....................... :::::Ilj~y~ received three estimates to have the range cleaned up. The most expensive was::$16,500. The cheapest came in from Tom Crotty, owner of Thomas Cleaning q9~::He would be working in conjunction with Bay West. The estimate is $7998. There is no money in the budget for this item but it does need to be done. After talking with Nile is was determined that the money could be on the 1998 capitol outlay. ~~h1~~~~~~~~~~~~~~~:~:~i~i~~j#~i~~~i~~~~~~~~iji~t4!i~~~~i~~~~i~~~~;~j~~~~;i~~~~ .&i~Jiili1iil_ 1 RESOLUTION 98 - 245 Approving Contract with Thomas Cleaning Company for Hazardous Waste Cleanup of Pistol Range BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the contract with Thomas Cleaning Company for hazardous waste cleanup of the pistol range is hereby approved. Adopted by Council this 22nd day of September, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . . . . . RESOLUTION 98-246 APPROVING EMPLOYMENT OF DELLA MARIE (SAM) FINIZIO AS FIREFIGHTER PART-TIME BE IT RESOL VED, by the City Council of the City of Stillwater, Minnesota, that the part-time employment of Della Marie (Sam) Finizio as Firefighter Part-time, from and after October 1, 1998, for a probationary period of one year, is hereby approved; and that the said Della Finizio shall receive compensation of$8.50 per hour. Adopted by Council this 22nd day of September, 1998. .~ Jay Kimble, Mayor Attest: Modi Weldon, City Clerk STAFF REQUEST ITEM " fr,a ~ V\~tVV~ ~ I1-D i) It \ I Department: Fire I Date: 9/17/98 DESCRIPTION OF REQUEST (Briefly outline what the request is) The request is to replace the gas monitor. The old one stopped functioning, and is as expensive to repair as purchasing a new one. Four gases are measured by the monitor: Oxygen, Carbon Monoxide, Hydrogen Sulfide, and explosive levels of vapors. This tool is necessary for confined space entry, overhaul of structure fires, and many hazardous materials calls including natural gas, propane gas, and carbon monoxide. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) $1,538.93 Safety Equipment. Account #4070-23.01 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Kim A. Kallestad . tf. . Date: September 17, 1998 . . . . . . Stillwater Public Library 1998 Capital Budget Release of Funds The Board of Trustees requests the release of funds for the following items from the 1998 Capital budget. All of these items are part of the Library's approved 1998 Capital budget. Facility Budget Repair water damage to interior 3,000 Remove attic cellulose (fire hazard) 5,500 Insulate roof, install vapor barrier 11,500 Repair cornices 10,847 Security lighting 7,000 RELEASE TOTAL $37,847 LG220 Rev06/95 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Reed .O{9?nli"?ftq1!rTiifc/Pf{{ilti<$'d., .... ..;-,....:.;.: '..--.",-::..'-:: i;., '-><,'::_:, .'. ::,":>:(-(>:,::;:;' ' . ....-,.,:. '.~: ,:.,.'; ,.~..,,';'.; Organization Name Church of St. Michael Previous lawful gambling exemption number Street City State Zip Code MN 55082 County Washington 611 S. Third St. Stillwater Name of Chief Executive Officer of organization (CEO) First Name Last Name Daytime Phone number of CEO Skluzacek (651) 439-4400 reasurer Last Name Daytime Phone Number of Treasurer Quentin Heimerman (65~ 439-4964 Check the box below which best describes your organization D Fratemal D Veterans [i] Religious D Other nonprofit heck the box that indicates the type of proof attached to this application by your organization: D IRS Jetter indicating income tax exempt status Gertificate of good standing from the Minnesota Secretary of State's office DA charter showing you're an affiliate of a parent nonprofit organization ~roof previously submitted and on file with the Gambling Control Board Name of Establishment where gambling activity will be conducted St. Croix Catholic School (adjacent to the church offices) Street 621 S. Third St. City Stillwater State MN Zip Code 55082 County \vashington Date(s) of activity (for raffles, indicate the date of the drawing) November 7, 1998 Check the box or boxes which indicate the type of gambling activity your organization will be conducting [i] Bingo D Raffles D Paddlewheels 0 Pull-tabs D Tipboards Sweepstakes Be sure the Local Unit of Govemment and the CEO of your organization sign the reverse side of this application. For Board Use Only Date & Initials of Specialist . / L Local Unit of Government Jurisdiction this gamblin.g premises located within city limits? ~ Yes 0 No If Yes, wnte the name of the C~ City Name ~ If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: o,rganized unorganized <~/2g~IQijii:~Qt<~(),<~~rji!i~h!::~cknOvvledgl1Jent 1. The city must sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A Township may not deny an application. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. @r County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application .Signature of person receiving application Signature of person acknowledging application " Date Signed: TItle of person acknowledging application '.;:;o~.t'i1'...'af.;.Ch[~f-n~~e;V;ti~~i;.;:Qffl~e;',;::..i"......'..;:.. rmation is true, accurate and complete. 7l!;;J~PIi . Michael C. Sk1uzacek Date: 9-14-98 Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fe~ and a copy of you~ proof of nonprofit status. . Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative fonnat (i.e. large print, braille) upon request. Questions on this fonn should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TOO may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this fonn will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. . Memorandtnn ...______.__.._..__.._..___.._______________....____mm____ . To: MAYOR KIMBLE .AND CITY COUNCIL MEMBERS cc: NILE KRIESEL From: POLICE CHIEF LARRY DAUFFENBACH Date: 09/18/98 Re: 1300 S. 1ST STREET'" BLOCK PARTY" The city has received a request from Kristy Bjerk to block S_ 1st St. on Sept 27 from 4:00pm to 7:00pm for a block party. T/It:::p9.lice and fire departments do not have a problem with this long, as the barricades are readily movable. See attached letter. Reoomm.erid approval. . 1. . . . September 15, 1998 Dear Mr. Mayor and Council: The residents of the 1300 block of South First Street (between Marsh and Orleans) are planning a neighborhood gathering on Sunday, September 27 from 4:00~7:00 p.m. to celebrate our much-loved, new streets and sidewalks. Our hope is)hat the street could be closed to through traffic during these hours to ensUre the safety of the children in our neighborhood. . . AIl residentS have been notified of the date and time of the block party via a flyer and th~ feedback has been very positive. If the decision favors closure of the street should we devise our own roadblocks or use city signage? . Since I am.one of the organizers of this event, feel free to c~ me at 439- 6211 with any questions. Thanks for your attention to this matter. We look forward to hearing from you. Sincerely, Kristy B jerk 1323 South First Street MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Soccer facility use agreement DA: September 18, 1998 Discussion: Attached is an agreement between the City of Stillwater and Alan Merrick's Soccer Academies, Inc. ("Merrick") for use of the fieldhouse. The agreement provides for the rental of the fieldhouse during the weekend and also provides for reimbursement to Merrick for administering, scheduling, etc., the programs that will be provided by Merrick. The agreement appears to be the best the City could do for the first two years of use of the facilities - especially given the fact that Merrick is very experienced in organizing and operating soccer programs. The only other practical option was to have the management company develop and administer the programs. However, this would have required the development of a marketing strategy, advertising, scheduling, and administering soccer leagues which would then require hiring of additional personnel, etc., in a relatively short time frame and with the consequence that the "net revenues" might not be as favorable as this agreement will bring. In other words this appears to be the best option available at this time. . For your information, Merrick also provides the same type of programs at the Woodbury facilities. Further, I have talked to representatives of the St. Croix Valley Soccer Association and they appear to be comfortable with this arrangement (Note: the Soccer Association plans to purchase fieldhouse time and operate programs during the weekdays and Merrick has assured staff that he will cooperate with the Association to ensure that the Association will have adequate time for their programs - including weekend use). Recommendation: Council adopt resolution approving agreement between the City of Stillwater and Alan Merrick's Soccer Academies, Inc. /)/;& . . . . MAGNUSON LAW OFFICE 6124395641 P.el2 AGREEMENT FOR USE OF ST. CROIX VALLEY SOCCER DOME The City of Stillwater (the "City") is the owner of the St. Croix Valley Soccer Dome (the "Dome"). City and Alan Merrick's Soccer Academies, Inc; (the "Lessee"} wish to enter into an agreement for the use of certain elements of the facilities described inP'lJ'agraph 4 below (the "Facilities"). City and Lessee wish to enter into an agreement for the use of certain of the facilities described in Paragraph 4 below (the "Facilities"). NOW, THEREFORE, the parties agree as follows: 1. Iwn. Beginning on the execution of this Agreement, the City will grant to Lessee the exclusive option 10 make use of the Facilities during:a:termbegmning OC10per 29m, 1998, and ending April 25lh, 1999, and a term beginning 'October 29lh,'1999; and' ending April 30th, 2000, during the following ~riods: thirty-one (31) hours each week at the foHowmgfunes: Fridays Saturdays 5;00 p.m. through 9;00 p.m. 7:00 a.m. through 2:00 p.m. 4:00 p.m. through 11:00 p.m. 7:00 a.m. through 2:00 p.m. 4:00 p.m. through i 0:00 p.m. Sundays 2. Rele~. Lessee will release to the City anyb.Qurs:not constU;riedby"leagues, tournaments or training programs in writing. at.leas~'seven (7) days priortotbeir availability date: during the term of this Agreement. Iffeasible, Lessee.agreeS to giye n9tice at the eariiest time. 3. OptiPD to Cancel. If Lessee has not. committed to at least fiftYper~ent (50%) use of option term for the first year by April 25th, 1999, or assi8tedth~City in fitl4ing'suitable buyers for any released time, the City, at its option, will have the right to cancel-this Agreement for the term beginning October 29th, 1999, unless Lessee agcees:jn writ1Iigno la,terthan July I: 1999, to guarantee eighty percent (80%) usage during the term pegiIUlirig October 29th, 1999, and ending April 30th, 2000. 4. Facilities Provided bv City. A. City agrees to provide to Lessee1. and Lessee agr~ to take, during the Term of this Agreement, the following Facilities. .' B. Exclusive use of the Dome, players' box~s, bleacher area for spectators, score board, public addre~s system, team rooms, arid Jockers without locks provided these facilities are actUally "installed as part of the field house construction. MAGNUSON L~W OFFICE 6124395641 c. The City reserves the right to allow public use of the walking track within the Dome provided that the City will have the responsibilit). to establish necessary controls to prevent iUlerferenceorcontli.ct between soccer activities and use of the walking track. The City agrees to indemnify and hold harmJes~ Lessee from injury t(l users of the walking track suffered from any soccer activity. In addition, City agrees to provide the following: Utilities. City agrees to furnish, at City's expense: adequate heat, water, electricity and light for ordinary uses only. unavoidable delays ex.cepted. City, in its sole discretion,wiH determine what is "adequate" for "ordinary uses". 2. Janitorial Servi~s. City agrees to fiunish.allIleCessary janitorial services. City, in its sole discretion, wili determine what is "necessary". 3. Parking. City agrees to furnish an adequate parking area for Lessee's use. City, in its sole discretion, wiHdetennine what is a.n ~adequate/l area. 5. Purpose QfUsc. Lessee agrees that the Facilities will be used only for the purpos: of soccer practice, training and games. 6. Payments. A. Lessee has made a one thousand and nolI 00 dol]a,rs($l ,000.00) security deposit, receipt of which is herebYilcknowledged(tbe "damage deposit"). The damage deposit ......ill be refunded in full, inpartdr not at all depending upon the extent of liability incu.rredby Lessee under Paragraph 7(c), no later than thirty (30) days after the end oftheTemiofthis Agr<<ment. B. Lessee agrees to pay a use fee of one hundred fiftyaJtid no/lOO dollars ($150.00) per hour payable at theconGlusion of each eight (8) week session for total hours used. Payment ""ill be due at the conclusion of each mouth during each term. C. The City agrees to pay Lessee fifty and noll00 dollars ($50.00) per hour for each hour of actual use under this Agreement as payment for administering and man.aging the activiti~s described in this. Agreement. Payments will be due at the conclusion of each month during each t.ern}. 7. Lessee A~z:ees. A. Observance of Re~ulations. To take notice of and abide by all rules and regulations \vhich are from time to time adopted by City for the management ofth(~ Dome. ') - P.l33 . . . . . . Dated: MAGNUSON LAW OFFICE 6124395641 P.E'l4 B. Use Durin~ Authorized Hours Only. To not use or enter the Facilities during hours not falling within the 1enn oflhis Agreement Removal ofLesse~'s Personal Property. City reser;v.es the right to remove from the Dome all personal propertY of Lessee, itsrn~mbers, agents and invitees therein after the expiration of the Term, to store the effects at Lessee's expense, and to ~ll the personal properiy after the passage of thirty (30) days from the expiration of the Tenn. Default bv Lessee. City reserves the right to canceltilis Agreement for any default by Lessee in the terms of this Agreement City's Right to Cancel. In the eventofmecbanic~ failure or other unfOreseen occurrence thatrendersihe fulfillmentofthisAgre~ment by City impossible or impracticabk, this Agreement wUlterminate and Lessee waives any claim for damages or comperi.sationsilouJd this Agreement be so tenninated. . Insurance. Lessee agrees to C<m)' General Comme~~a1 Liability Insurance naming the St. Croix Valley Soccer Dome ~ the~rtificate holder and as additional insured as respect oftheope.raticms ofthena:med insured. This policy will have general aggregate Jiinits of two million and nolI 00 dollars ($2,000,000.00) and each occUrrence a(ol1e million arid nail 00 dollars ($1,000,000.00). c. D. E. F. CITY OF STILL WATER ATTEST: Jay L. K.imble, Mayor .. Modi Weldon, Clerk Dated: LESSEE: Allan Merrick Memorandmn To: MAYOR KIMBLE AND CITY COUNCIL MEMBERS cc: NILE KRIESEL From: POLICE CHIEF LARRY DAUFFEN13ACH Date: 09/18/98 Re: NEW COMPUTERS FOR POLICE DEPARTMENT n__________mm________ _______________________ . fWQutctJike to purchase three new personal computers for the police department. The money is in tliel~~$~udget at $4800. The cost of each computer is $1414. Total cost of$4242. Plus tax and shippiD.~; ~g~lj . 1 . . . . RESOLUTION NO. A RESOLUTION AUTHORIZING SALE OF LAND, APPROVING FORM OF DEED AND EASEMENT AGREEMENT AND AUTHORIZING MAYOR, CITY CLERK AND CITY STAFF TO EFFECTUATE CLOSING 1. The City is the owner of property described in the attached Deed that was initially purchased by the City and held for redevelopment and reconveyance to Colonial Craft pursuant to a Redevelopment Agreement entered into between Colonial Craft and the City. 2. That after Colonial Craft requested recission of the Redevelopment Agreement because of changes in a business cycle, the City negotiated for a sale of the redevelopment property to Lakeview Memorial Hospital Association, Inc., a Minnesota nonprofit corporation, for the sum of six hundred fifty thousand and no/1 00 dollars ($650,000.00); and Wherefore, in order to consummate the sale, it is necessary for the City to approve an Easement Agreement with regard to drainage ponds and to approve a form of deed and authorize the Mayor and City Clerk together with the appropriate City staff to facilitate the closing. NOW, THEREFORE, BE IT RESOLVED, that the Easement Agreement attached as Exhibit "A" and the form of deed attached as Exhibit "B" are hereby approved and the Mayor and City Clerk and the appropriate City staff are authorized to conduct the closing and to execute any other required documents. Enacted by the City Council of the City of Stillwater this _ day of September, 1998. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk EASEMENT AGREEMENT THIS AGREEMENT made the day of , 19_, between the City of Stillwater, a Home Rule City of the third class and Minnesota Municipal Corporation (City), Midwest Professional Properties, L.L.C., a Minnesota Limited Liability Company (Midwest), and Lakeview Memorial Hospital Association, Inc., a Minnesota non-profit corporation (Lakeview): A. The City is the fee owner of property within the City being held for conveyance to Lakeview pursuant to a Purchase Agreement dated March 10, 1998, legally described in Exhibit "A" (the City Benefitted Property) over which it will reserve a Drainage and Storm Water Pond easement (Exhibit A-I) (City Easement). B. Lakeview is the fee owner of property within the. City, legally described in Exhibit "B" (the Lakeview Benefitted Property) over which it will dedicate to the City a Drainage and Storm Water Pond easement (Exhibit B-1). C. Midwest is the fee owner of property within the City, legally described in Exhibit "c" (the Midwest Benefitted Property) over which it will dedicate to the City a Drainage and Storm Water Pond easement (Midwest Easement) (Exhibit C-1). D. As a condition to its approval of the development and proposed development of all of the Benefitted Property described in Exhibits (A) through (C) (Collectively the Benefitted Property), the City has requested the parties to grant easements to the City for Drainage and Storm Water Pond purposes over a portion of each Benefitted Property for the purpose of collecting runoff of surface water from the Benefitted Property and the deposit of the surface water in a retention pond located on the Benefitted Property (the Storm Water System). EXHIBIT "A'l (Page 1 of 13) . . . . . . E. The parties desire to set forth their agreement with respect to the construction costs and (i) costs of maintaining the Storm Water System. NOW, THEREFORE, in consideration of one and nolI 00 dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. "Maintenance" of the Facility means the periodic dredging of the silt buildup in the Storm Water System as necessary to maintain the System, as required by the City for storm water quality treatment and to maintain the proper operation of the treatment function of the System. 2. Midwest hereby dedicates to the City the Drainage and Storm Water Ponding easement described in Exhibit C-l. Lakeview hereby dedicates to the City the Drainage and Storm Water Ponding easement described in Exhibit B-1. Both easements are perpetual and will run with and bind the land. 3. The City will reserve the utility easement described in Exhibit A-I when the property described in Exhibit "A" is conveyed to Lakeview. 4. Midwest was responsible for the initial construction of the Facility within the Easement Area and has received contributions from the oth~ parties to this Agreement on the following basis: A. City 41 % B. Lakeview 53% (after the conveyance of the land described in Exhibit "A" to Lakeview, the share of Lakeview will be 94%) C. Midwest 6% 5. The City will be responsible for the reasonable maintenance of the Storm Water Facility, but the costs reasonably incurred by the City for doing the maintenance must be reimbursed to the City by the owners of the Benefitted Property, according to the percentages set forth in paragraph 3. Amounts remaining unpaid after thirty (30) days notice of amounts due may be certified by the City to the County Auditor for collection with the real estate taxes of each of the Benefitted Properties. 6. If the City certifies maintenance costs to the County Auditor for collection with the real estate taxes, the owners of the Benefitted Property, for themselves and their successors and assigns, hereby waive any statutory right which they may have to contest the assessment. EXHIBIT "A:1 (page 2 of 13) 7. The terms and conditions of this Agreement are binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY OF STILL WATER Jay 1. Kimble, Its Mayor ATTEST: Modi Weldon, Its Clerk MIDWEST PROFESSIONAL CORPORATION, L.L.C., a Minnesota Limited Liability Corporation By Its LAKEVIEW MEMORIAL HOSPITAL ASSOCIATION, INC., a Minnesota non-profit Corporation By Its EXHIBIT "A3 (page 3 of 13) . . . . . . STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The undersigned, being the duly qualified and appointed City Clerk of the City of Stillwater, Minnesota, certifies that I compared the foregoing Resolution adopted at a meeting of the Stillwater City Council on , 19_, with the original thereof on file in my office, and the same is a correct transcript thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this day of , 19 . Modi Weldon, City Clerk THIS INSTRUMENT DRAFTED BY: David T. Magnuson (#66400) Stillwater City Attorney Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, :MN 55082 651/439-9464 EXHIBIT "A'4o>age 4 of 13) EXlllBIT "A" Lots 1, 2, 3, and the East 157.30 feet of Lot 4, Block One, PRIME SITE SUBDIVISION, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Containing 324977 square feet, more or less, subject to easements of record. " EXHlmfhll:S~]ia~ '5 of 13) . . . . . . EXHIBIT "A-I" Drainage and Storm Water Ponding Easement for the parcel described in EXHIBIT "A": A drainage and storm water ponding easement over, under and across all that part of Lot 1, and all that part of the East 1 ~.30 feet of Lot 4. all in Block One, PRIJ\ofE SITE SUBDIVISION, according to the recorded pla"hereof on file and of record in the office of the County Recorder, \Vashington County, Minnesota, lying southerly of the following described lines, to wit: Commencing at the southwesterly corner of said East 157.30 feet of Lot 4; thence North 0 I degree 05 minutes 42 seconds West, assumed bearing: along the westerly line of said East 157.30 feer, a distance of87.45 feet to the point of beginning of the line being described; th~nce North 53 degrees 13 minutes 53 seconds East, along said line being described, 64.20 feet; thence North 88 degrees 47 minutes 21 seconds East, along said line being described, 105.15 feet; thence South 88 degrees 01 minutes 16 seconds East, along said line being described, 175.76 feet; thence North 67 degrees 39 minutes 22 seconds East, along said line being described, 116.41 feet, more or less, to the easterly line of said Lot 1, and the end of the line being described. The above described easement contains 50264 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. '. EXHIBmml'QP~e:rv of 13) EXHIBIT. "B" . That part of the E3~L Seven Hundred Scv~nty-eighl and Thi1:"ly HundredLhs (778.30) fee!.. of Outlot D of STItL:..'ATER INDUSTRIAL PARK, according to tne plat. on fill:: in lhe office of the County Recocder, Washington Counly, Minnesota lying Westerly of lhe folLowing described linp: Commencing ill the norLheast corner of. ~;<l1.J Outlot 13; thence Nonh 89030'11" West, bearing oriented to said plat, along the north line of said Outlo~ n ~ distance of One Hundred Sixly-nine and Ninety Hundredths (169.90) feel to t.lte West line of the E.nSl One llundrad Sixty-nllle .1nd Eighly- three Hundredths (169.83) feet. of said OUllot n and the poinr. of beginning (Jf the line to be desc rLued; lhencG Soulh 01"05' 42" East along said west line Thr-ee Hundred Tt.Jenly-nine :lnd Seventy-one Hundredths (329./1) feet.; thence South 88054'18" wes lOne H.undred Thiny-eigh t. and T-.....en ty-five Hundred ths (138.25) fee~ lo the west line oE the East Three Hundred Eighl and Eight HunucedLhs (J08.08) feel of said Oullol B; th~nce South 01 "05142" East .::l1cng said west li.n~ FOllr Hundred Ninety-seven (497.00) feeL 1..0 the souLherly lille of said Out.- lot B ~nci said line Lhere lerminale, conlaining 465534 square feel,more or less. . '. EXHIlIItMfi(fa$''7 of 13) . . . . EXHIBIT "B-1" Lakeview Hospital Benefited Prooertv Drainage and Storm Water Ponding Easement for the Darcel described in EXHlBIT "B": A drainage and storm water ponding easement over, under and across all that part of the East 773.30 feet of Outlot B of STILLWATER !NTIUSTRIAL PARK, according to the illat on file and of record in the office of the County Recorder, Washington County, Minnesota, described as foIlo\.vs, to wit: Commencing at the southwesterly corner of said East 778.30 feet of Outlot B, thence North 01 degree 05 minutes 42 seconds West, assumed bearing, along the westerly line of said East 778.30 feet, a distance of 241. 71 feet to the point of beginning of the easement being described; thence South 70 degrees 23 minutes 50 seconds East 41.18 feet; thence North 89 degrees 29 minutes 06 seconds East 107.37 feet; thence North 01 degree 00 minutes 02 seconds West 275.94 feet; thence South 85 degrees 37 minutes 46 seconds West 117.55 feet; thence South 67 degrees 39 minutes 22 seconds West 31. 10 feet, more or less, to said westerly line of the East 778 30 feet of Outlot B; thence South 01 degree 05 minutes 42 seconds East along said westerly line :42.30 feet, more or less, to the point of beginning. '. The above jescribed easement contains 39186 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictio.ls. EXHIIJXIJ.WIlP~e18 of 13) EXlllBIT "C" Lot 7, Block One, PRIME SITE SUBDIVISION . . '. EXHI~Btp~g;'9 of 13) . . . . EXHIBIT ".C-l" Midwest Benefited Prooertv Drainage and Storm Water Ponding Easement for the Darcel described in EXHIBIT "C": A drainage and storm water ponding easement over, under and across all that part of Lot 7, Block One, PRIME SITE SUBDlvlSION, W-ashington County Minnesota, lying northeasterly of the following described line to Wit: Commencing at the southeasterly corner of said Lot 7, Block One, PRINtE SITE SUoDIVISION, thence North 01 degree 05 minutes 42 seconds West, assumed bearing, along the easterly line thereof, 241.71 feet to the point of beginning of the line being described; thence North 70 degrees 23 minutes 50 seconds \Vest, along said line being described, 31.49 feet; thence North 40 degrees 13 minutes 31 seconds \-Vest, along said line being described, 52.28 feet; thence North 10 degrees 25 minutes 19 seconds West, along said line being described, 53.18 feet, more or less, to the northerly line of said Lot 7, and the end of the line being described. The above described easement contains 5724 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. Also A..n easement for drainage and utility easement purposes only, over under and across the North 15.00 feet of the West 100.00 feet of Lot 7, Block One, PRllvtE SITE SUBDIVISION, \Vashington County, Minnesota. The above described easement contains 1504 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. " Descriptions Prepared Bv' Stack Land Surveying 9090 ::.ionh Fairy Falls Road Stilhvater, MN 55082 (612) 439-5630 I hereby certify that this Surley, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the L of the Stat 0 Minne~o~ Date 3 -/0 -?B Reg. No. /377 EXHIBXIl'IMIlP~enU of 13) EXIllBIT liD" All that part of Lot 4, Block One, PRIME SITE SUBDIVISION, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota, lying westerly of the East 157.30 feet of said Lot 4. Containing 55665 square feet, more or less, subject to easements of record. '. EXHIBflXiR~aite)ll of 13) . . . . . . Sheet 1, EXHIBIT "E" EXHIBIT "E" City of Stillwater Benefited Property Drainage and Storm Water Ponding Easement for the parcel described in EXHIBIT "A": A drainage and storm water ponding easement over, under and across all that part of Lot I, and all that part of the East 157.30 feet of Lot 4, all in Block One, PRIME SITE SUBDIVISION, according to the recorded plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota, lying southerly of the following described lines, to wit: Commencing at the southwesterly corner of said East 157.30 feet of Lot 4; them e North 01 degree 05 minutes 42 seconds West, assumed bearing, along the westerly line ofsaic: East 157.30 feet, a distance of 87.45 feet to the point of beginning of the line being described; thmce North 53 degrees 13 minutes 53 seconds East, along said line being described, 64.20 feet; thence North 88 degrees 47 minutes 21 seconds East, along said line being described, 105.15 feet; thence South 88 degrees 01 minutes 16 seconds East, along said line being described, 175.76 feet; thence North 67 degrees 39 minutes 22 seconds East, along said line being described, 116.41 feet, more or less, to the easterly line of said Lot 1, and the end of the line being described. The above described easement contains 50264 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. Lakeview Hospital Benefited Property Drainage and Storm Water Ponding Easement for the parcel described in EXHlBIT "B": A drainage and storm water ponding easement over, under and across all that part of the East 778.30 feet of Outlot B of STILLWATER INDUSTRIAL PARK, according to the .->lat on fIle '. and of record in the office of the County Recorder, Washington County, Minnesota, described as follows, to wit: Commencing at the southwesterly corner of said East 778.30 feet of Outlot B, thence North 01 degree 05 minutes 42 seconds West, as,sumed bearing, along the westerly line of said East 778.30 feet, a distance of241.71 feet to the point of beginning of the easement being described; thence South 70 degrees 23 minutes 50 seconds East 41. 18 feet; thence North 89 degrees 29 minutes 06 seconds East 107.37 feet; thence North 01 degree 00 minutes 02 seconds West 275.94 feet; thence South 85 degrees 37 minutes 46 seconds West 117.55 feet; thence South 67 degrees 39 minutes 22 seconds West 31.10 feet, more or less, to said westerly line of the East 778.30 feet of Outlot B; thence South 01 degree 05 minutes 42 seconds East along said westerly line 242.30 feet, more or less, to the point of beginning. The above jescribed easement contains 39186 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. EXHIBIT "A" (page 12 of 13) Sheet 2, EXHIBIT "E" Midwest Benefited Property Drainage and Storm Water Ponding Easement for the parcel described in EXHIBIT "C": A drainage and storm water ponding easement over, under and across all that part of Lot 7, Block One, PRIME SITE SUBDIVISION, Washington County Minnesota, lying northeasterly of the following described line to wit: Commencing at the southeasterly corner of said Lot 7, Block One, PRIME SITE SUBDIVISION, thence North 01 degree 05 minutes 42 seconds West, assumed bearing, along the easterly line thereof, 241.71 feet to the point of beginning of the line being described; thence North 70 degrees 23 minutes 50 seconds West, along said line being described, 3-1.49 feet; thence North 40 degrees 13 minutes 31 seconds West, along said line being described, 52.28 feet; thence North 10 degrees 25 minutes 19 seconds West, along said line being described, 53.18 feet, more or less, to the northerly line of said Lot 7, and the end of the line being described. The above described easement contains 5724 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions. Also An easement for drainage and utility easement purposes only, over under and across the North 15.00 feet of the West 100.00 feet of Lot 7, Block One, PRIME SITE SUBDIVISION, Washington C:>unty, Minnesota. The above described easement contains 1504 square feet, more or less. Subject to and together with any other valid easements, reservations or restriction~. '. Descriptions Prepared By: Stack Land Surveying . 9090 North Fairy Falls Road Stillwater, MN 55082 (612) 439-5630 I hereby certify that this survey, plan or report was prepared by me or Wlder my direct supervision and that I am a duly Registered Land Surveyor Wlder the L of the Stat 0 . e.so~ Date Reg. No. / .3 7"7 EXHIBIT "A" (Page 13 of 13) . . . . . . No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $_ Date: ,1998 WARRANTY DEED FOR VALUABLE CONSIDERA nON, the City of Stillwater, Grantor, a municipal corporation under the laws of Minnesota hereby conveys and warrants to Lakeview Memorial Hospital, Inc., Grantees, a nonprofit corporation under the laws of Minnesota, real property in Washington County, Minnesota, described as follows: Lots 1,2,3 and the east 157.30 feet of Lot 4, all in Block One, Prime Site Subdivision, according to the plat thereof. Seller knows of no wells located on the real property. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Affix Deed Tax Stamp Here CITY OF STILL WATER Jay L. Kimble, Mayor Morli Weldon, Clerk ~ EXHIBIT liB" (Page 1 of 2) STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this _ day of Jay L. Kimble and Modi Weldon. Mayor and Clerk of the City of Stillwater, Grantor. , 19_, by NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to: Lakeview Memorial Hospital, Inc. 919 West Anderson Street Stillwater, Minnesota 55082 THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 EXHIBIT "B" (Page 2 of 2) . . . STAFF REQUEST ITEM eRTMENT: Engineering/Planning DATE: DESCRIPTION OF REQUEST (Briefly outline what the request is): September 16, 1998 Purchase a full size blue print copier. Quotes: Xerox 3030 Mita $8,700.00 $11,000.00 eNCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Budgeted in 1998 Capital Outlay for Engineering and Planning at $6,000 per department ADDITIONAL ITEMS ATTACHED: YES NO X-- ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN TO B CED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY _ KI .BMITTED BY -----DATE: September 16, 1998 September 16, 1998 DATE: /' /~ . . 4ltIA.' .... r~,-,., MEMORANDUM September 21, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles ~ e ./ City Engineer SUBJECT: Pioneer Park Wall, Project 9720 Lake Drive Watermain, Project 9734 Acceptance of Work and Final Payment DISCUSSION: The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION: Staff recommends that Council accept the work and authorize final payment to Jay Brothers, Inc. in the amount of $9,025.43. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion adopting Resolution No. 98-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PIONEER PARK WALL AND LAKE DRIVE W ATERMAIN IMPROVEMENTS (pROJECT 9720 and PROJECT 9734, LI 333) RESOLUTION 98- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR PIONEER PARK WALL AND LAKE DRIVE W ATERMAIN IMPROVEMENTS (pROJECT 9720 and PROJECT 9734, L1333) WHEREAS, pursuant to a written contract signed between the City Jay Brothers, Inc. for Pioneer Park Wall (project 9720) and Lake Drive Watermain (project 9734, LI 333) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $9,025.43 on such contract, taking Jay Brother's Inc. ' s receipt in full. Adopted by the Council, this 22nd day of September, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . ." " . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director fl.----- DA: September 17, 1998 RE: City of Stillwater Consideration of New Braun Bridge Alternatives On September 9th, 1998, Mr. Dick Braun, unveiled three new bridge alignment alternatives (see attached map showing alignments A, B, and C). The new alignments are the result of three months of meetings and studies by Mr. Braun and associated experts. Mr. Braun is the ex-commissioner of Transportation for MnDOT and the bridge experts provide more depth to Mr. Braun's experience and expertise in the areas of bridge design, functional and aesthetic and land use planning. Mr. Braun has personally met with the 21 agencies involved with the bridge decision and used the results of these meetings to craft the three alternatives. On September 29, 1998, Mr. Braun will be making his final recommendation to the interagency task force. This will end his contact with the Joint Agency Committee. Alternatives A and B, as shown on the attached map, are located close to Downtown Stillwater. Both alternatives require a two-level bridge/highway structure running along the bluff to cany Hwy 95 and 36 traffic from Sunnyside to downtown. This structure would be similar to freeway interchange structures seen in downtown Minneapolis. The top level of the structure would be just below the North Hill residential bluff area (about the height of the telephone lines that run along TH 95). An assumption of the study was to not physically impact the bluff (excavation) but the noise and exhaust of an elevated two-level road would certainly impact the residents, vegetation and views from the neighborhood and river. Close your eyes and the picture is clear. These alternatives would require a major area of the Aiple Property for construction of the roadway and bridge and one alternative would run through Kol1iner Park. Alternatives A and B would significantly impact the downtown, the North Hill residential area and the Aiple/Kolliner Parks. The noise and air pollution and chemical.spray from snow plowing will destroy the vegetation along the bluff that currently screens Hwy 95. The third alternative, Alternative C, takes off from the Aiple Property just north of the existing Cayuga boat location. Approximately one-third of Aiple Park would be directly impacted by the bridge. The bridge design details of interchanges and hydraulics (run offwater management) has yet to be considered. For the MnDOT proposed bridge, major ponding were required to catch water and clean it before running it into the St. Croix. Ponding would be required for this alternative as well. ~ In discussions with Mr. Braun and his panel of experts, a C-2 alternative could be designed that . locates the bridge between the north boarder of Aiple Park Plan Property and the Sunnyside Marina. This alternative would reduce the impact on the bluffline and require less roadway improvements. Mr. Braun at the September 9th and 12th Workshop indicated he would consider such an alternative with the engineer. Attached to this report is the information presented at the September 9th, 1998 meeting. It is interesting to note from the information indicates that Wisconsin will continue to grow with or without the bridge. A new bridge will have little impact on growth. The information also indicates a two or three lane bridge will accommodate current traffic. demand but not near future projected demand. In all scenarios, the current lift bridge is assumed to remain for its useful life and not be directly effected by a new bridge. Recommendation: Urge the Council to develop and support a new alternative C-2 bridge alignment locating the bridge between the north end of Aiple Property and original MnDot Alternative. Attachments: Braun 9-9-98 handouts. . . MEMORANDUM . September 18, 1998 TO: Steve Russell Community Development Director FROM: Klayton H. Eckles }L~T City Engineer SUBJECT: Review of the Proposed Braun Bridge Alternates A, B, C I have reviewed the conceptual locations of proposed bridge alternatives. Given the total lack of design information of the proposed layouts, it is impossible to make any kind of judgement or analysis as to what impact each would have on the City of Stillwater. The following is a list ()f some of the information needed in order to review for impacts to Stillwater. . . 5. 1. Plan and profile designs of the bridge, bridge approaches, and interchanges. This information would demonstrate how much physical space is required to construct this facility in Stillwater. Also the amount of neighborhood impact and displacement could be determined. An analysis of noise and air pollution impacts. Given that the proposals are a four-lane facility with interchanges in close proximity to existing neighborhoods and businesses there will likely be significant impact in these areas. A storm water management plan and water quality plan. All of these projects will include many miles of new highway lanes constructed within the City of Stillwater that will create additional imperious surface leading to water quality and water management problems. The design and impact of new stonn water facilities as well as the impact on the City of Stillwater's existing facilities are important issues. Traffic management plans. Given the extremely sensitive location of the proposed bridge layouts, highway interchange design will be difficult or impossible. Therefore, traffic flow in and out of downtown Stillwater could be circuitous or congested. This could lead to economic impacts to Stillwater businesses as well as traffic volume issues in Stillwater neighborhoods. Analysis of environmental and aesthetic impacts on Stillwater. The proposed layouts A, B, and C appear to have significant impacts to City parkland, green space, bluffland, and view scapes which should be quantified. 2. 3. 4. A typical process for a project of this nature would identify physical and environmental constraints and issues associated with a project prior to choosing an option. It appears that the present discussions would reverse this process. Attempting to pick an option of choice prior to having some of these vital questions answered could move the bridge selection process in a contentious and unproductive direction. I recommend that we request these issues be part of the selection process as well as review of other options which might not have such a direct impact on this sensitive portion of Stillwater. . ~ N ST. CROIX RIVER CROSSING ALIGNMENT ALTERNATIVES 9/9/98 . . . September 8, 1998 St. Croix River Crossing SUMMARY OF CURRENT LAND USE PLANNING · The two counties most affected by the St. Croix River Crossing, Washington County (Minnesota) and St. Croix County (Wisconsin), fall within the U. S. Census Bureau's definition of the Minneapolis Metropolitan Statistical Area (MSA). Polk County, Wisconsin, does not. · Regional planning for the seven county Twin Cities Metropolitan Area in Minnesota, which includes Washington County, is provided by the Metropolitan Council. Regional planning for the affected Wisconsin Counties is provided by the West Central Wisconsin Regional Planning Commission. · Both Washington County and St. Croix County have up-to-date comprehensive plans. Polk County is presently completing a comprehensive plan. · All cities in Washington County have current comprehensive plans. Two cities, one village and two townships in eastern St. Croix County have current comprehensive plans. One city, two villages and one township have old or no comprehensive plans. September 8, 1998 St. Croix River Crossing . . County plans apply in those townships and villages that do not have plans unless these communities take action to "opt out" of the comprehensive plans. This has not occurred in any local communities in the study area. . All cities and townships in Washington County (Minnesota) and St. Croix County (Wisconsin) have general zoning ordinances in place. · Zoning and land use densities in Washington and St. Croix Counties are consistent with one exception. Rural residential (general rural) densities are typically four units per forty acres in . Washington County while they are thirteen units per forty acres in St. Croix County. · While the eastern third of St. Croix County is planned for general rural (rural residential), this land use is consistent with the soil conditions in this area which have a low agricultural productivity rating. · Land use plans in all three counties concentrate growth near existing urban centers with designated "transition" or urban expansion areas. This is consistent with the underlying principle of growth management in the Metropolitan Council's Regional . Blueprint. . . . September 8, 1998 St. Croix River Crossing · About 40 percent of working St. Croix County residents commute into Minnesota. The majority of residents in Polk County work within the county. . . . September 8, 1998 St. Croix River Crossing SUMMARY OF EXISTING CONDITIONS · Average Daily Traffic (AADT), adjusted for seasonal variations, on the Stillwater Bridge during the July-August counts was 15,100 vehicles per day. The range of daily traffic counted was 14,400 to 19,300 vehicles per day. · Trucks make up 2-4 percent of daily traffic on the bridge. · .Over half (57 percent) of the trips on the existing bridge begin or end (or both) in Stillwater, Houlton, Bayport or Oak Park Heights. · The total daily river crossings between TH 8 (Taylors Falls) and 1-94 (Hudson) have been increasing by 3.6 percent per year since 1990, but the daily volumes on the Stillwater Bridge have remained essentially the same since 1990. · The Stillwater Bridge currently carries 940 vehicles per lane, in the peak direction, during the p.m. peak hour (4:30 -5:30 p.m.). The typical capacity per lane for a two-lane urban roadway is 700 vehicles per lane. Volumes above that number indicate a heavily congested roadway. September 8. 1998 St. Croix River Crossing . . There is an average 8.2 minute delay per vehicle in the peak direction between the south junction of TH 36 and TH 95 and the east side of the bridge in a typical mid-week peak hour. This delay approximately-doubles the travel time on TH 95 between 1-94 and the existing bridge, and results in a total traveler delay during the peak hour of over 113 hours. Delays can be much longer and vehicle queues can extend for miles during special events, which are frequent during the summer. . In addition to the above delay, the existing bridge is closed intermittently for an average of 6.6 minutes every time the bridge is raised. The bridge is closed twice during the peak hour and about 14 times each day. This represents 95 minutes per day when the bridge is closed. . . Each time the bridge reopens, it takes an additional 8.9 minutes to clear the peak direction queue. This represents an average delay per peak direction vehicle of 4 minutes. This is equal to over 56 hours of peak direction vehicle delay during the peak hour alone. . When ranked on a scale of A-F with A best and F worst, the Level of Service at the intersection of Chestnut and Main during the p.m. peak hour is ElF. There is 110 room for physical improvements to this intersection. . . . . September 8, 1998 St. Croix River · There are very high pedestrian volumes at the intersection of Chestnut and Main (400 in weekday peak; 1200 in weekend peak). · There is no space available on the existing bridge to manage traffic if there is an accident or incident on the bridge. This means that traffic is stopped until the accident can be cleared. This also affects the ability of emergency vehicles to respond quickly to these incidents. · There were 279 accidents on the section of roadway between the south junction of TH 36 and TH95 and the east side of the bridge in the past three years. This represents one accident every four days. · The accident rate on this section of roadway, which includes the existing bridge, is almost twice the average accident rate on similar roadways in the metropolitan area. . . '1-35 ---..1'--. , i jK) _. .----- ---r--' -...---. .=C"",l....,L... M l ! i I . L-1 LT~' \" / \-~ ___J _---- \ ! / / o ,// I f ~./ l T T u E 12 -----.---.. '-, w r-- iver Crossing i I Major Origin~Destinatlon Travel Desires I___\-.( l\ '\-~' \ . . ~ ~'" / / / } //~~5 ./ ---I / , I F-{ . '-.. .----' " " " " ;f 3/~.5% r/ /.../ N 9.7/8.6% '1-$ ----' T ."";;:-; 12-"--' Ie'') . ~) \ ) / / ~ 8~'6~ ----.,- T u 0.6/0.1% 1.2/2.31 O.8IU:~Wl~- \ -~ --- , I ' \ ! t, 35 }:- I XX% = Percent of Total Trips by Zone (Origins/Destinations) TiI!psf()f'llji;.na'linij'in]Oesti..ned...foXWisco'n.s.i..1'1 . i / f /f35 ./ ' 15 I 1.6/1.(IK) .,=1= 94 - 1M . 0.5/0,-9% r St.Cro ixllive'r"'Cfo's'sing I. ,...-) J~ -~~ .~/ J_ --- T' "'1----- a7 w ~r~~t- -~ · 'I I ~ f \ ~! ,1 ! L =----.____ XX% = Percent of Total Trips by Zone (Origins/Destinations) . II \ "- \. N ////~ T 12 . \/) o T - ""I I E u x J . -- . Tri ps'Ofigihatiilgc;fnlDesffn'e'd'fo'M'in n e sola e: . . St. Croix River Crossing September 8, 1998 POPULATION GROWTH County 1997 (Est.) 55,829 79,805 (1) 48,459 (1) 282,960 (3) 2020 1970 St. Croix County 34,354 26,666 83,003 175,441 (2) Polk County 36,698 Washington County (1) Source: West Central Wisconsin Regional Planning Commission. (2) 1995 Estimate. (3) Metropolitan Council. CHANGE IN POPULATION 1970-1997 Growth 1997-2020 Growth Annual Annual County Number Percent Number Percent St. Croix County 21,475 1.8 23,976 1.6 Polk County 10,032 1.2 11 ,761 1.2 Washington County 92,438 3.0 107,519(1) 1.9 (1) 1995-2020 growth. St. Croix River Crossing September 8, 1998 ST. CROIX RIVER CROSSING ALTERNATIVES . TRAFFIC FORECASTS AND ESTIMATED HOURS OF CONGESTION Averaqe Dailv Traffic (AADT) Demand Capacity Daily Hours Of Conqestion _~~~~!!~_!J_{)_~_!?_~~)_~!?~)__________~~~1~~___________________________~1_1!~l;l~_______________~___________ No New Bridge (2020) . With Traffic on Existing Bridge 23,900 11,200 6 . With system 23,200 11,200 6 imnrovements (1) ---------~-------------------------------------------------------------------------------------------------------- New Two-Lane Bridge (2020) . . No traffic on existing 31,700 bridge 21 ,000 5(2) . With traffic on existing 25,000 New Bridge 21,000 3(2) bridge 10.400 Existing Bridge 10.200 0 --------------_________________________~~~~~~____________________________~~!;?_l;l~____________________________ New Four-Lane Bridge (2020) . No traffic on existing bridge 34,400 60,000 o · With traffic on existing bridge 27,200 New Bridge 8,500 Existing Bridge 35,700 60,000 10,200 72,200 o o (1) Widening of Highway A in Wisconsin to four lanes is not planned at this time. (2) Effect of slow-moving truck traffic will increase this delay time because of bridge . grade (assumed at 3 percent). e: . . St. Croix River Crossing September 8, 1998 ReDUCTION IN DEMAND DUE TO LAND USE EFFECTS No Build . Household Reduction 1 ,200 households . Trip Reduction 1,000 trips/day . ~...:-.- St. Croix River Crossing September 8, 1998 COMPARISON OF POPULATION (1) AND TRAFFIC GROWTH FOR SELECTED BRIDGES Location 1980 Stillwater Bridge West S1. Croix Co. Population 11 ,1 00 19,053 Ferry Street Bridge-Anoka Co. South Anoka Co. Population 26,000 70,940 County Bridge 18, Scott Co. (2) North Scott Co. Population 8,550 21,179 Yearly 1995 Growth Rate 14,600 1.8 27,823 2.6 39,500 113,816 2.8 3.2 17,500 4.9 41 ,325 4.6 (1) Population within 10 miles of bridge. (2) Before new TH 169 bridge was constructed. . . . e.. . . St. Croix River Crossing September 8, 1998 1996 DAILY TRAFFIC VOLUMES ON EXISTING FOUR-LANE BRIDGES Bridae 1996 Daily Traffic Minneapolis . Hennepin Avenue . Third Avenue . Washington Avenue (U of M) . Franklin Avenue 22,600 14,600 24,600 17,600 Saint Paul . Robert Street . Wabash a . High Bridge . Ford Parkway 15,500 12,500 13,000 16,000 St. Croix River Crossing September 8, 1998 CURRENT AND FORECASTED DAILY TRAFFIC ON 1-94 AND STILLWATER BRIDGES Combined Volume on 1-94 and Stillwater BridQes Volume on Stillwater Bridge Existing 72,100 15,1 00 ------------------------------------------------------------------------------------------------------------------ No New Bridge (2020) · With Other Improvements 123,900 124,000 23,900 23,200 ------------------------------------------------------------------------------------------------------------------- New 2-Lane Bridge Without Traffic on Existing Bridge (2020) With Traffic on Existing Bridge 127,300 127,400 31 ,700 25,000 New Bridge 1 0.400 Existing Bridge 35,400 ------------------------------------------------------------------------------------------------------------------ New 4-Lane Bridge Without Traffic on Existing Bridge (2020) · With Traffic on Existing Bridge 128,500 128,500 34,400 27,200 New Bridge 8,500 Existing Bridge 35,700 '. . . . :;:'Jt r . . . MEMORANDUM TO: Mayor and City Council FR: Aiple/Kolliner Park Property Planning Committee (planning Commission, Parks Board, Historic Preservation Commission and Downtown Parking Committee) V DA: September 17, 1998 RE: New Bridge Alternative and Aiple/Kolliner Park Planning The Aiple/Kolliner Park Planning Committee met last Thursday, September 10, 1998, to review the preferred planning options for the Kolliner Park! Aiple Property Planning Area. The plans were presented by John Larson and Dewey Thorbeck, the City's Park consultant. Briefly, the plans reflect the interest ofthe community with a passive, open space park, park design including an extensive pathway system for pedestrians and bikers, picnic areas, planted areas, natural woodland and meadows, a fishing pier, a dock for the Cayuga, opportunities for interpretation of the lumbering eras historic use ofthe site. Only parking for the park use is provided. A St. Croix Valley Visitors Center for visitors to the valley by land or river was also presented as an option. The City of Stillwater has been waiting for the opportunity to add these city owned St. Croix River Park and open space lands to its parks and open space system as a complement and link between the community and downtown for 50 years. The Aiple Property would be a city park not an extension of downtown but an aesthetic open space entry to downtown that greets the valley visitor and community resident. At the Thursday Kolliner Park! Aiple Property Planning Committee meeting, the bridge alternative locations presented by Mr. Braun on the 10th were available from news articles. All city committee/commission members in attendance were dismayed at the alternatives bridge locations with there devastating impacts on the City of Stillwater and the Aiple and Kolliner Park properties. Members from the City's Planning Commission, Historic Preservation Commission and Park Board attended the briefing/workshop held by Congressman Luther on Saturday the 12th of September. All three City Committees and Commissions feel strongly that the new alignments being considered for the bridge are not acceptable. Because of their significant impacts on the community, residential North Hill neighborhood, the Downtown and the Kolliner and Aiple properties (see letters from Chairpersons from the Planning Commission, Parks Board, Historic Preservation and Downtown Parking Commission) they cannot support any of the Braun alternatives. The committees felt the original MnDOT alternative remains the best alternative and intrusts the City Council to only accept a bridge alternative that does not erode the character, aesthetic and enjoyment of Stillwater, the Birthplace of Minnesota, on the beautiful St. Croix River (maybe a bridge alternative acceptable to the City of Stillwater is not possible at this time). Recommendation: The position of the City's Planning Commission, Parks Board, Historic Preservation Commission and Downtown Parking Committee be considered by the Council in responding to the Braun Bridge Alternatives A, B and C and fmding a different bridge alternative that minimizes impacts to the City and its residents and accommodates traffic needs. Attachments: Letters from Stillwater City Planning Commission, Parks Board, Historic Preservation Commission and Downtown Parking Committee. ~. ., . . . .~ / .. . (C(O){PV r illwater ~ ~ TH~IRTHPlACE OF MINNESOTA i) September 17, 1998 Mr. Richard Braun Richard Braun Consulting 1275 Lincoln Terrace NE Minneapolis MN 55421-1922 Dear Mr. Braun: I have been authorized to speak for the Stillwater Planning Commission re~ating to the St. Croix River Crossing Alignment Alternatives. Several years ago, we developed a new Stillwater Comprehensive Plan. The process included a great deal of citizen input not unlike the input you are currently soliciting. As a result, there was a clear mandate from the people to preserve the Historical Character of Stillwater. The preservation of open space; scenic beauty and rural character were no less desirable goals. The Planning Commission carefully examined the five alternatives that you have recently presented. In the light of our mandate, Braun A (the central corridor) and Braun B, present a serious challenge. The double decking required to carry traffic toward Stillwater to the crossing points would really be a scenic blight. Crossing the river with a four-lane highway so close to Downtown Stillwater would again seriously challenge our attempt to preserve the historic character of our City. Crossing the Aiple Property at any point could make it difficult, if not impossible to complete our plans to make it an attractive park. Braun A and the central corridor would destroy the scenic open space that Stillwater has preserved in Kolliner Park. Theresulting water run off becomes more ofaproblem the closer you get to downtown. Braun C, which seems to be a compromise and a pn~ferr~ec:hoice of some, still crosses the Aiple Property at the southern end, perhaps the most attractive area for a park. The crossing that seems to make the most sense, from om: point of view, is the ori~al~~nOT proposal. That is the official Planning Commission position. . Is there any way to makeSt~tmore acceptable? Is there another alternative that could be more acceptable to all parties? .... . ~d~ . Gerald Fontaine, Chairman .. Stillwater Planning Commission CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 't" \ r illwater ~ ~ TH~IRTHPlACE OF MINNESOTA ~ . September 16, 1998 Mr. Richard Braun Richard Braun Consulting 1275 Lincoln Terrace NE Minneapolis, MN 55421-1922 Dear Mr. Braun: On behalf of the Stillwater Heritage Preservation Commission I am submitting this letter relating to the St. Croix River Crossing .A.ligmn~Ilt Alternatives. The Heritage Preservation Commission was organized solely for the pr~~rryatio~ofHistoric Stillwater. All exterior changes to the downtown area are revievve<ib)'t~eCoIIl,J.llissign in order to maintaiJ:li~~historic status and flavor of downtown. It was announced on Septemher9, 1998 that you, as facilitator ofth~.~~.C~oixRiver Crossing Advisory Group, presented five alternate aligmnents and five bridgede~igns that Y()ll.are considering as you prepare your recommendation for a St. Croix Bridge . Alternative A is the closest to downtown Stillwater and would have the greatest intrusivE and visual impact on the historic area. . Alternative B is a little farther south and guts across the Aiple Property and Altefl1~tiy.r.g.~FC>;~sses the southern end ofthe Aiple Prope~... 'rhe Aiple Property is owned by the Cityof~t.!II~~~~J:" A master plan is being developed {oFthissiteasan extension to the downtown LO"Y~~Ig~~]'ii:'"I'he Aiple Property also contains remnants and i foundations of the hi~~oricI:IrFs~)' kUD:l.B,e~~~lI;,.A. request has been made and approved by the city Council to direct citY staff to secuJ:'e.~.~~.~grPr services for a National Register of Historic Places Survey ofthe Aiple Property. Iti~~ogrdtWs survey would be of interest to you and y~ur designers. The Commis~ion vvould lik~.t.~~aY.r.~ opportunity to review all the ridge desi~s at a regularly scheduled me~t!:rJ.g in oJ:'deJ:'to r' . a consensus on the most appropriate design.. Co"~ _o.''. __,,_'... ,>, _ .:/\!:: In light of the Alternatives A, B and C it would seem to make sense to revisit the origma. . proposal or other that have a reduced impact on the cultural reso ces oftbiregiou. Roger Tompten Chairperson, Stillwater . CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 .f . . . r illwater '~ ~ TH;;-;RTHPLACE OF MINNESOTA ~ MEMORANDUM TO: Mayor and City Council FR: David G. Junker, Parks Chairperson DA: September 17, 1998 RE: Aiple Property The Park Board is very supportive of the opportunities the Aiple Property to Stillwater in the way of park land. With its 3,000 feet of riverfront and 26 acresofland, the activities are endless as to what to do with the land. From passive and nonpassive trails connecting the downtown to Sunnyside, to picnic and gathering spots, this land givestheCitya wealth of possible designs. The location of the bridge will have a major impact on the land and what could possibly be done with it. The originallocati~n in the southern corridor is the only sensible solution to eliminate the impact on the Aiple Property. If any other location is used, it would affect a great deal of land, not only with the bridge itself, but also the holding ponds for water runoff and the . interchanges needed to enter or exit the bridge. All of this could consume a great deal of the hmd available for park space. Although the Park Board has not officially rendered a motion as affect, our discussions have expressed these same thoughts. We cannot let the great piece of land the City has. Please consider these thoughts with your David G. Junker<.~ Parks Board9hairp~rson. ,",...- CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ""H ~illw~te~ THE B I R T H Pl AC E OF M INN E SOT A ~ . September 18, 1998 Mayor Jay Kimble and City Councilmembers Stillwater City Hall 216 North Fourth Street Stillwater MN 55082 Dear Mayor Kimble and Councilmembers: The City's Downtown Parking Co~i~si~rihas PartiaP~!~~~nthedevelopment of the AiplelKolliner Park Plan currently beingprepared.. AtpU!" regular l?o\Vfitown Parking meeting held on September II, 1998, .tJ:1eSon1mitteereyie\Vedthepr~fell'ed opti()nMaster Park Plans. An overlay was srown indicating the Braun .a1ternativ<::~ A, ~and C alignIl1<::nts. , '-'."' ~'. . .... . U'. :." .. .....'..::_. '" --'>;~..' ::. . . .:.-.: ,/ _.'.i:',.__..."_. ::.- ::. .. . After reviewing the ~ark MasterPlansand'Yie\Ving the impactihe btje~eali~entshave on the properties,the~gII1D?-ission strongly urges !p.e Council not to accept an.yoftJ:1e ne\Va1t~?Iatives. The COII1D?-issi9~sup~orts the original Mt1I)()T alternative or some otheraltern~tiY~thaJdoes not impacUh.eao. wntown or p. ark pro. pert.ies.~.......The. Parking Commission is also... c.oncerned. ... a.b. out ease of accessfrom any new bridge to the downtown. This is critical to use and appeal ofthe area. I could say much more about the Braun proposal but I will leave it at that. . Ifwe can be otfurther assistance on this . CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . ". .:.,-.'., . i::. -'}:'~:'::'~,:::"~'. _ .. INFORMATlONAt1(lOSK 1\ BY TREE AND SHRUBPLANnNG FOR SONG~IRDS . 1 .. .~~'..: , ... C.", .... . .. ~i,>:,': :'... '. ..,.., - ,. .. '." ,..": . ~ ';",:+,~:: .:'?'j';:~"~,TC?':',':; ::'; ";~;":~\.:?~.:~~;;;j~f;;.!_:;.'-i-'7~::L(,~;:'<c.',.~': ~;~girf:)~f,;l:rif~l?:~>i~;[-' ..-,::.>.:~ .~. '. ....,... . '. ':.>"':::.;,~'~ .:.'.....:..,.,.... .'".,... '. '. ~..:. ~ "'."'. ".-'-.":;. ... -- -.. .. ; ....<~._;...,..,....~.....~.::~...".:.... ....._..,.::.':.....:,......:.....,........'.;.:~:'~.:.:....:.<:<.,.;~.~--::_-;.:.::..,-::__..::,..:...:-;.: '_'_~h .:....-. '.' i<:....-... " ,.' -~" -.-,:~:. .::/~:~.:~:,.:.,~.::.:~. _ ,,', -", . - :~,~-r.::~,;.~.,:-:~:~~}::..-~~/:<;.'.~::'!_~:~:~:~. .....~iA~.~., . ...~.~ WitHWI1Df;I.o~<.' .~:> . ... :"~~,:i~';,: :,:..;: ..;. ."" ~ .""" " ::'~" f~->-.~--- . '."- 1 00 YEAR FlDOD ElEVATION 692 -- SHORElAND EASEMENT NORTH' .\ . . . City of Stillwater Position Statement Regarding New St. Croix River Crossing Location The City of Stillwater does not approve of or support in any way Braun Alternatives A or B. The impacts are devastating to the Downtown and the broader Stillwater Community. The City of Stillwater does support the original, final EIS preferred Alternative located in the Southern Corridor. Any other river crossing location alternative supported by the City of Stillwater must adequately address the following areas of City concern: a. The bridge and road design and placement shall minimize the impact (visual and functional) on the use ofthe Aiple Property Park. In no case shall the new bridge or road result in the cutting into or disruption of the existing bluffline or shoreline. b. Traffic noise resulting from the roadway and bridge improvements shall be mitigated and reduced to the maximum extent economically feasible (this may take the form of special noise attenuation road and bridge design or reduced highway speeds). c. Stormwater management ponding areas shall be located south of the new bridge and not on the Aiple Property Park (this may require pumping of stormwater to EIS preferred ~* Alternative ponding locations). d. The interchange design for TH 35 and 95 shall provide direct and convenient access to . . . Downtown Stillwater without circuitous traffic movement causing congestion and traffic delays. e. Convenient pedestrian and bicycle access shall be provided from the Aiple Property park to and across the new bridge. f. All iMpacts to Stillwater's riverfronts, parks and open space system shall be minimized and mitigated to the maximum extent feasible. Editorial: Stillwater bridge: Right design ca... Page 1 of2 . Published Sunday. September 20, 1998 ormmu . startribuneTcom . Opinion . '..... ( Editorial: Stillwater bridge: Right design can enhance the valley As competing interests attempt consensus on siting a new bridge at Stillwater, they face a few rough certainties. The bridge will be built sooner or later; unabating traffic loads and political pressure insist upon it. It will be bigger than the old lift bridge and less than a mile downstream; no other visible solution makes sense. And it will accelerate metropolitan sprawl into western Wisconsin; that is the nature of big new bridges. These are unwelcome realities for those who love the St. Croix River and have fought against plans that put auto flow above all other considerations. Having defeated a design that affronted both the river and the federal environmental law protecting it, they must now strive to shape a better alternative. Such a result may be within reach. With the support of skilled consultants and guidance from a wide spectrum of partisans, former Minnesota Transportation Commissioner Dick Braun has generated three options for a new bridge. All are smaller, shorter, straighter and potentially more attractive than the massive diagonal span the Minnesota and Wisconsin transportation departments tried to thrust across the landscape. Of these, the downstream alignment known as option C seems best. It requires a new cut into the Wisconsin bluffs, butmakes use of a ravine to stay low across the river and disappear quickly on the eastern side. It makes good use of existing road connections and past land acquisitions in Minnesota. And it does not need the double-decked access structures along the Stillwater shoreline that appear necessary with two upstream alternatives. But even after the best alignment is chosen, other key issues will remain -- and on these, the perspectives of environmental groups and the National Park Service should carry great weight. All of Braun's alternatives envision a four-lane bridge. His data suggest a two-lane alternative won't meet current demand, while four lanes will exceed it. The Minnesota Center for Environmental Advocacy wants to have its own expert crunch the numbers and, if a two-lane solution seems plausible, to make the case for it. It should have the fullest opportunity to do so. Another important question -- what becomes of the lift bridge once a http://webserv 1.startribune.comJ cgi -bin/stOnLine/artic1e ?thisStory=5 0707074 9/21/98 Editorial: Stillwater bridge: Right design ca... Page 2 of2 new span is opened -- has been left outside the mission of Braun's group, and this is unfortunate. There is no good reason for having two bridges within sight of each other. Perhaps some portion of the . old bridge should be preserved to honor its historical significance and its emotional importance to Stillwater. But the Park Service, the Sierra Club and others should not be asked to embrace a new bridge without a commitment to eliminating the decayed navigation impediment it is intended to replace. Finally there are considerations of design -- visual weight, architectural grace, recreational function. A bridge can be far more than a conduit for cars, and in this setting it must be so. Pedestrians and cyclists should feel welcome on this structure; boaters should enjoy passing under it. The river's free flow and shorelines must be disrupted minimally. The span, the piers and the approaches should honor their setting with respect to size, style, materials and ornament. . startribune.CDffi . Opinion If political realities dictate a new bridge, they also create an opportunity for the river's advocates to demand, as the price of a peaceful resolution, that their interests be built into it. If they do so skillfully, these groups will be able to claim victory in a bridge that not only averts needless damage to the St. Croix valley, but actually enhances its charm. @ Copyright 1998 Star Tribune. All rights reserved. . .. http://webservl.startribune.com/cgi -bin! stOnLine/article ?thisStory=5070707 4 9/21/98 . . . .CONSULTING PROJECT NAME 'S, c.,~O rx COMPUTATION FOR BR.A vAl GROUP, INC. 'R1:v€i<. 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MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: September 17, 1998 RE: Proposal for Historical Survey of Aiple Property and Kolliner Park The City Council requested SRF, the park planning consultant, to prepare a proposal for a historic survey for the Aiple and Kolliner Park properties. Attached is a proposal. The cost of the study is $9,380. If the scope of the study is reduced to Aiple only, the cost would be reduced to $7,380. Recommendation: Decision on request Attachment: Proposal for Historic Survey SEP-09-88 WED 12:38 PM SRF CONSULTING GROUP INC FAX NO. 612+475+2429 P. 02 . .CONSULTING GROUP, I N C, . Transportation - Civil- Structural- Environmental- Planning" Traffle - Landscape Architecturo - Parking September 9, 1998 Mr. Steve Russell Community Development Director CITY OF STILLWATER City Hall 216 North l?ourth Street Stillwater, Minnesota 55082 Dear Mr. Russell: SUBJECT: PROPOSAl. F01~ HISTORICAL SURVEY FOR THEAJPLEPROPERTY AND KOLLlNER IJ ARK Plc..'l.'le find attached'! detailed proposal by 1110 106 Group lAd., Sl. Paul, Minnesota for a Historical Survey of the Aiple ProPClty and Kolliner Park sites, to be perfonned AS an additional service to the park master planning project currently under way. SR.!' Consulting Group and the 106 Group have collaborated on numerous planning projects, including lhe Harriet Island Regional Park and Shepard Rond Realignment in St. Paul and the Hutchinson Spur Bicycle Trail in St. Louis Park. As n result, the l1rms have n very cordial and efficient working relationship. We are pleased to l'ecommend them to you. . Our underl>landing, us stated in The 106 Group proposal, is that the City of Stillwater desires an historica] survey of the Aiple Property and Kolliner Park ~mmciel1t to determine whether the sHes arc eligible for listing 011 the National Register of HislOlic Places. The 106 Group would prescnt fmdings at the City CO\.lncil meeting on October 20, 1998, which is the date that we have tentatively scheduled for the final Master Ph.m presentation, Preparation of the nomination forms would be completed utlder a separate authorization, if required. We request an nutlwrization to proceed by September 15, 1998. In addition to the fee for the Historical Survey prepared by The 106 Group, SRF is req\.l~stiTJg additional services in conjunction with the survey, specifically assembling and providing background materials, coordinating the work with the Mastel' Plan and preparing a graphic board for presentation to the Council. The total additional fee requested is as tbllow$: $8,540 $ 510 $ 330 The 106 Group (se~ attached) SRF Coordillation and SUpport (611ow's .U 85/hou1') SHF Graphic Support (6 hours at $55/hour) $9,380 Total hourly llnd reimbursable fee request One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 lclcphone (612) 475-0010 . Fax (612) 475~2429 . http:/ /www.srfcol1sulting.com An Equal OPPo,.htnity f:mployer . e . . . SEP-D9-98 WED 12:38 PM SRF CONSULTING GROUP INC Mr. Steve Russell ~2. FAX NO. 612+475+2429 Po 03 September 9, 1998 If you h..wc any question~ regarding this proposal, please do not hesitate to call me at (612) 475-0010. Sincerely, SRF CONSULT1NGGROUP, INC. \Jo~ ~lVJor-, John A. l,arson, ASLA Associate JAJ./.smf AUachment a3/16/1994 08:12 61223ea979 THE le6 GROUP LTD. SCOPE OF WORK mSTORICAL SURVEY FOR THE AIPLE AND KOLLINER PARK PROPERTIES STILLWATER, MINNESOTA Submitted to: SRF Conaulting Group, Inc. One Carlson Parkway North Suite ISO MinnCltpolis, MN 55447 Submitted by: The 106 Group I,td. The Dacotah Building 370 Selby Avenue St. Paul, MN 55102 September 9, 1998 PAGE e2 . . . . . . . 63/16/1S94 08:12 61229El0979 THE 106 GROUP LTD. PAGE 03 , . Hi~torical Survl;Y Aiple and Kolliner Park Properties. Stillwater Page i PROJECT TASKS AND DESCRIPTION Introduction (n t988 un hi~l()rical survey was completed for downtovm Stillwater. The areas known as the Aipk and Kolliner Park properties were not included in that study. The City of Stillwater has requested that an intensive historical survey of the properties be conducted, and the rC~'llllts h€ included in the city's Master Plan cWTently being prepared by SRF Consulth1g Group, Inc. A cultural resuurCl:S assessment and historical survey will continue the methodology implemented in the 1988 study in order to ensure consistency in the nl1al product. However, there will be greater analysis of the historical arehH~ol()gjcal potential of the sites than was previously undertaken. The draft Master Plan has already identified five historic sites on the Aiple property thal im.:luc.lt the Nnrthw~stern Mill: and five historic sites on the Kolliner Park property that include the Ea~l Sid~ Lumber' Company, a Tourist Camp and a swimming beach. The study will ludm.lt: lll1~ liJHowing t.~~h: Task), Background Restllrth Rese.an;h may indude but not be limited to the following sources and repositories: . Minnesota Ilistorical Society Archives Department tot' lSanborn Firt [n:iurunce lIIilp~ and ()th~r hb;toric city maps, the Stillwater and Washington County files, historical photographs. and the Northern Pacific Railway Company papers; . Minnesnta Hi5torical Society State Historic Preservation Office for previous survey repl)rt~i :.;Qnducted in the city~ · Washington County Historical Society; . Minnesota Room at the Stillwater Public Library for city directories from 1876 to the prescnt. several scrapbooks of newspaper clippings, several cabinets of file folders 4.:omaining l1111t~riul UII Sti11wat~r. and the John Runk historical photographic coUection; · U.S. Army Corps of Engineers, St. Paul District . City of Stillwater Department of Puhlic Work!. and the Ruilding Inspector's Offices contain City Engineer's maps, railroad maps and sewer maps dating from the late 1860:-; tn the present, city permits and original plans and blueprints of city buildings~ . University of J\1innesota for secondary source!) rdal~d to Stillwater amllh~ region':; JJ i~1 01') Historic I1I~wspapers will not be reviewed at this time, unless included in files listed above, ht'ca lIS~: of the extremely time-consuming and arbitrary nature of such research. e3/16/1994 68:12 6122966979 THE 166 GROUP LTD. PAGE 64 Historical ~lJrvey Aiplr. :md Koltiner Park Propertie~. Stillwater PlSge 2 Task 2. Su rvey A walking. sUI"\'ey of the two properties will he conducted. During the survey a historian will idcnti1)' extant buildings and structures over 50 years of age within the corridor's area of potenlial ~ffect. A photographic record and briefwrltten description will be made of ull structures that may need further survey. In addition, an archaeologist will identify allY arcu:-; Lhul hdve a high probability fur cuntaining archacologicul siteS. No l\ub-surfacc investigation will be conducted at this stage. Task ~t Report A r~port wi II ~ prepared describing project methods, previous investigations, results, and recommendations. The report will include appropriate graphics showing" the location of any in..'cntoriltd properties and other historic documentation. The report will be sufficient to dctcrmin~ whether sites are potentially eligible for listing on the Natiunal Register of Hi~tnrk Plac~s, and therefore conlribute to the historic district. Thi:s data c()uld then be used subsequently to amend the National Register nomination. 'l'ask 4. Coordination The Project Manager will be responsible for communicating all cultural resources issues to SRI-'. the City of Stillwater, SHPO, and other appropriate agencies. The Project Manager wi II keep SRF closely informed about project status. One meeting is anticipated. in order to present project findings to the City Council. . . . . . . 03/16/1994 08:12 612291)0979 THE 1e6 GROUP LTD. PAGE 05 Historical Survey Aip!e and Kollincr Park Propertie~ Stillwater Page 3 KEY PERSONNEL Anne J<etz will SeITf as Prineipal-in.Cbarge. Anne has over twenty years experience in cultur<tl rCS(lurces management in the United States. Britain, [ndia, Israel, and Canada. ^nne ha~ cnl1ducted a.11d directed projects including: Section 106, FERC, and 4(1) cQmpliam:,': gurveys, evaluations of eligihility, determinations of effecl, lilud mitigations; and Hi:it\'~rjc American Engineering Record d~umenlalillJ1. ^rlUe'~ I'e~poll~ihilities have indudl..'d rroj(~Cl management; the training and supervision of staff, volunteers and interns: rt:l:(lrding and analysis of historic buildings, bridges, landscapes, gravestones and archaeological sites; research design and report preparation~ archival research and creation Ill' rorporatc al'chiv~~ anu ~xtellsive experience in the computerization of cultural r-.:soun.:t:s data, inCluding archaeology and archival collections. Throughout Anne's ~llr~t.:r she has worked extensively with the public through public speaking, publications of popular materials on historic resources, media interviews, volunteer and illlern training, tutorhlg in archaeology, and with the design und imilulluiiou of nlUseum displays. Anne meets the Secretary of the Interior's Standards for work in history_ urchitcctUl':.11 hilitory and archaeology. Andrew Sthmidt will serve as Project Manager and Senior Projett Historian. Andrew has seyen years experience in applying historical resources to plalming, cultural resource.. management, and environmental assessments. He has managed large multi- componeOl ~ultural resources investigation~, which have inventoried and evaluated histol'k and at'chaeological site; in urban and ruru\ tln:'u~. The p["(lje~~t& have included c:va;uations of eligibility for listing on the National Register of Historic Places of rural/agricultural landscapes. farm buildings, parks and parkways. transportation corridors.. cemeteries, bridges: houses, commercial buildings, and indu.~trial structures. ^ndn:w llU~i prt:{Jared National Register Nomination Porms. lIABS/HAER recordations, and determination of effect documentations. HJS expertise in conducting historical re~eafch has contributed to environmental assessments and other litigation support projecls, Andrew meets the Secretary of the Interior's Standards tor work in history and architectural hi~tory. 03/16/1994 08:12 6122900979 THE 106 GROUP LTD. PAGE 06 Hisluri,al Survey A il'lc and Kollincr Park Pmperties, Stillwater Page 4 SCHEDULE If Tht: 106 Group receives a notice to proceed by Wednesday September 16, the project report ,an hl: prepared and submitted to the City of Stillwater by October 13, ill antici pation () f a presentation to City Council on October 20, 1998. . . . . Tarle Pri/u:/pilJ T4 T! T2 TJ Jleseateil 40 40 ~-ey If S Report 2 40 8 C(.'Ordinati01l 2 6 {'UE\T fR<)lECT . LOrA TION: SRF:Cil~ 10 Slil1will~r Aiple ane ~()lIjner Park Propedcs Hi:fll)ri..:~1 Sun;t~ Stillwater . ne J06 Croup Lid. JOB COST SUMMARY AD3 Am ADJ Crew 20 on -l :r: fTl ~ CS) (J1 174 ~ o C IJ r -l o Total Hours 4 94 Billing Rates S3SI}O $20.00 $18.00 Total Labor $140 ilO $1,880.00 1S0 % Ov~b.ead $210:100 12,820.00 10 %Fce S3 5.JO $410.00 56 20 $]600 !rUO $30.00 $1350 112.54) $12.00 5756.00 $250.00 SU34JlO $375.0[1 $]89.00 $6250 SlIbtobll SlIbcootTadon Estimated Dinct ",....salary CMI5 TOTAL ('ut/ural ReJlJuu/!s .tIanag/!mml P/ri/98 $27.50 S3,026.00 $4,539.00 1756.50 $8.322 S21& SS,548 IJ 1> Gl fTl CS) --..I 03/16/1934 88:12 6:.22900979 THE le6 GROUP LTD. PAGE El8 AIPLE AND KOLLINER PARK PROPERTIES e THE 106 GROUP LTD. RELATED PROJ}<~CT KKPF.RIENCE Hllrri~( Island Redevelopmtot, St. Paul. The 106 Group is currently working with the Cily or Sl. Paul and l:l le~uI1 of specialists in the redesign IUld development of thj~ imporlill1t riverfront park. The project, located within the Mississippi National River and Recreation urCH, incorporates many issues related to the history of the park and its c.ultural and historical roots. In addition to cllndul:ling investigations in compliance with federal and ~ilalc Itgislation, the team idc:ntifi~d t'l1el11ts and stories that ure an integral part of the park'~ hi.story and interpretation. The 106 Group is constllting with American Indian cldC"r~ r~g.ardjng the significance of1he island. Consultation is addressing how the Dakota pt'oph::' s beliefs about the island should he appropriatdy incOJ:porated into the dty's h()t'lc.:~ and plam~ for a park of nalional and mtematillll.at ~iglijficancc. The 106 Group has partnered with Battle Creek School and the Riverfront Corporation in the creation or u school archaeology program that will focus on the archaeology and history ()f the island. The project is bei~g conducted for the City of St. Paul Djvision of Parks <ll'ld Recn:;11ion, 1998. Phase II Archaeological Evaluation for Washburn "s" and "C" Flour Mill Complexes. Minnt..()oli~. The 106 Group is providing hi!;torical archaeological consulting s4,~rvice:s for the evaluation of a portion of the Mill Ruins development project on thl: Minneapolis riverfront. Project is being undertaken tor Woodward-Clyde on behalf of th~~ City of Minneapolis, 1998. . University of Minnesota Library Access Center. Archaeo~gical Monitoring and Oats Recovery, Minneapolis, Minnesota. Statf prepared a literature search, followed hy ,i m(Hlil,)ring plan and research design in preparation for archaeological monitoring during cnnstrl.lction of thi!; new facility on the banks l,)f the Mississippi River on the Univcr~ity's West Bank Campus. Monitc\rj.og uncovered remains of buildings from the: ninek~nth c~ntltry Bohemian Flats neighborhood, but the Contractor has experienced no delays to date because of the excellent working relationship between the Contractor and The 106 Group. The project is being conducted for the University of Mirult:sota and McL<l~lghlin" Armlio, North, und A::;~ciates, 1997.1 '198. Metropolitan Wastewater Treatment Plant (pig's Eye Lake), Cultural Resources Inve!ltigationll! St. Paul, Minnesota. Conducted Pha~e I and II cultural resources investig.ations for the M~tropolitall Council Wastewater S<:rvic~s. The investigations indudt:d: I) a literature search intended to locate the early nineteenth century, Dakotan village of Kaposia and a mid-nineteenth century, French-Canadian settlement, known as Pig 's LYl~; 2) archaeological und geomorphological reconnaissance level survey; 3) field testmg and ~~v<1luation of the site of Kaposla; and 4) historical evaluation documcntuliotl for thl! Work~ Progress Administration buildings of the original plant. The project is part . . . . 63/16/1994 08:12 THE 106 GROUP LTD. PAGE 09 6122900979 " or a multi-year investigation being conducted for Rust Environment and Infrastructure, C'H2MHlI L unu Metropolitan Council, 1995 - 1998. Chestnut StrtetJShepal'"d Road Intersectiol1, St. PlIul, Minnesota. The Project HistorIan t:umplcted a literature ~ilCch of potentiaUy siguificatlt historic archneological sites ill thl' hi~torjc Upper Landing area of St. PauL That research was followed by Phase II archacolo~ical investigation and evaluation of a late nineteenth'century railroad freight house. "I'he archaeological site waS located within a "Superfund" site and therdure required thorough satety amI hazardous materials training and dcvclopm~l1t of an unusually detailed site safety manual. The project was undertaken to assist the City ofSt. Paul itl cnllll,liancc with Section 106, 1997-1998. Hutchimon Spur Bike Trail Project, St. Louill Park, Minnesota. Conducted a cultural resour~cs windshield survey and developed historical interpretive themes tor a rails-to- trails projl.:ct in Sl. Louis Park. No National Register eligible properties were identified. The rC~lr\ identified themes that are significant in lht: history of St. Louis Park and Hopkini and lhal CQuld be incorporated inlll inte'1.,retive materials along the trail. Compkt\.:d for SRfl Com;ulting Group, Inc. and the City ofSt. Louis Park, 1998. Phase II F.yaluation of the Eden MiJI Site for the CSAH 1 Reconstruclion, Hennepin County, Minne~ota. Assessed the eligibility of the Eden Mill :Jilt'l for li~tit'g on the Nation.,l Rq~i~ter. Eden Mill was the first mill in Eden Prairie, founded in 1861. The site W~l~ <-,valuated for its potential to yield signiticant information about Eden Praide's hi~tory. about the history of flour millin~ and milling technology, or concerning persons signiticrll1t in gtate or local history, 1996. Natiunal Rl.-gister of Historic Pla<lcs Nomination for the Lake TraverselBois de Sioux Flood Control and Walter C(lnsen'ation Project, Traverse and Wilkin!! COUllty, Minnesota, Roberts County, South Dakota and Richland County, Nortb Daknbl. Completed a National Register Nomination Form for the Lake Traverse/Bois de Sioux FlMd Control Project for the U.S. Anny Corp~ of Engineers. This series of dams on M innc!o;ota' s western border runk~ UrIlllug I h~ large~t Depression-era federal rcli~f projcCl s in t he state, 1996. Phase II Cultural Resource!!! Investigation of Stanchfi~ld's Lumber Camp (CR 1#17), Camp Ripley, Morrison County, Minnesuta" Use of remote sensing and intensive survey tl.:t.:hniqucs to investigate the archaeological remains of Daniel Stanchfield's 1847- 1848 11lrnOl~r camp, a lumber camp connected with some of the first logging in the area, for the \ I.S Army Corps of Engineers, 1995. . " / . . . DAVID T. MAGNUSON MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 MEMORANDUM Nile Kriesel, Stillwater City Coordinator V David T. Magnuson, Stillwater City Attorney ~ TO: FROM: DATE: September 10, 1998 SUBJECT: OOOn Carter RICHARD D. ALLEN The enclosed Resolution has been reviewed and approved by OOOn Carter and it would be my recommendation that it be put on for adoption at the next City Council meeting. Attached to the Resolution is a copy of the Stack survey showing the encroachment and also a copy of the Easement that I have prepared for Carters' signature. Let me know if you need anything else for the Council packet. DTM/ds Enclosures SHEET 1 OF 2 SHEETS . CERTIFICATE OF SURVEY , )OD NO, SURVEY MADE EXCLUSIVELY FOR, DARRETT M. STACK STILLWATER, MINN. SS082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 . Mr. Jerome M. McCollor, 5020 Stewart Ave.. White Bear Lake, MN IH:SCRIPTION, Per Doc No. 910223: Lots One (1) and Two (2). Three (3) and Four (4) in Block number thirteen (13). of HERSEY. STAPLES & CO'S. ADDITION to Stillwater as surveyed and platted and now of record in the office of the Register of Deeds in and for said County of Washington and State of Minnesota. Notes: Orientation of this bearing system is assumed. o Indicates 1/2" 1.0. iron pipe set marked with a plastic plug inscribed RLS 13774. · Indicates iron monument found in place as noted. Underground or overhead public or private utilities on or adjacent the parcel were not located in conjunction with this survey, unless shown or noted otherwise. Offsets shown to existing structures are measured to the outside building wall line. Any projections from said outside wall line such as eaves, sills, etc.. will decrease these offsets accordingly. The recorded plat of HERSEY, STAPLES & CO'S. ADOITION to Stillwater. is recorded as Doc. No. 416049, office of the County Recorder, Washington County, Minnesota. "M." Indicates measured value. "R." Indicates plat record value. Parcel contains 27,085 sq. ft.t, or 0.6218 acres, more or less. Note Street improvements and Bar~ encroachments as shown. See Sheet 2 of 2 Sheets for proposed roadway and utility easement description and proposed existing structure easement descriptions. Discuss the encroachments and proposed easement descriptions with an attorney for an opinion on what legal steps are required to address these matters. The old barn is in excess of 60 years old. "OET/I/~ " ,.v" fc.t?~ A/cae L.;r /-: ~~ 'l r- -s~" <S> -s.~ -'- < -~ . ~->-~'"\ ~~c...J A".,....m /N~N' fE c..... Ldr /,; ~.L, L:r I ~/"r~ /8 LOT.> ::: E. f)U8UtiUE ~ Sr. . ... ( ~ I ~ I ~ .e. /.?z ~ ,y",,"~ ,"'-- S8f"5t:',i!/~N /'1:/.?,i'.4-P--,,\ /'.rl N. L'N~ ,t.,r/ "'..1tJ -7 , - \ '. I 41\ ~ 1:::::-~ / ':0, '..'\,,, I PI7~. 4"S,.,.r. ~ .v'" ,~ ~~ ~ ~~~ "I. \'1: 'I. ~~ Il, ~ a\ \ ~ ~ -~ \ "::. '-I..... tt::. -~\\ ~ \\ I ~1~ I .~ ~, J~~ '" I ~\~ .. ;<.~ '" \ 1\. ~I~~~'i ~ d.. ,."" n<. .c".. ~~ ~~ ) ~ I '~- - A/6'f'"S'6;;:/'E ;<1./JZ. (C.f' - - -' \ ~ .e. /3Z tiC LOT I hereby certify that this lurvey. plan, l1r rcplJfl won 5 rr(pared by me or undtr my dir(cl Jupcrvi\iuu and that am a duly R.gist....d Land Surveyor under the I.w. of th. Stale of Minn.sota.' .........~...?1.Z..~...... . ~ 'Ii LdT / ~ CtJ &~ : ~ '" ~ ~'\\. ~ ~ ':: ~~~.. I ~ I\i~ ' I ~ ~'II ~ ~ r ..... ~I ~ ~l , I IrJlt) ~'iJ~ k .if) T ;? ~ ~ \ ,. ::: ~ ~ " '" " ~ fEGtA' ur/~ ~, LdT -I ;, I I \ f".J'f_:.1- ~~i ~ ~~I ~ ~' '1 I-. " -::~ ~- .-:, -= ~-C- '= ~ <..~", c' ->-~# c:J # ,~"' \..,)... \,S, D.le.....Y.!-!!!.~...?~.,....1.?..n...Reg.N 0..... .1.3.77.4 '. . . . GRANT OF EA.SEl\1ENT FOR VALUABLE CONSIDERATION, the undersigned, Orwin Lee Carter and Anita M. Carter, husband and wife, Grantors, hereby convey and quitclaim to the City of Stillwater, a municipal corporation under the laws of Minnesota, Grantee, a permanent roadway and utility easement over, under and across the following describ~d real estate in Washington County, Minnesota: Beginning at the northeast comer of Lot 1, Block 13, Hersey, Staples and Company's addition to the City of Stillwater; thence west along the north line of Lot 1 a distance of 4.3 feet; thence southeasterly to a point on the east line of Lot 1 a distance of30.00 feet south of the northeast comer of Lot 1; thence north along the east line of Lot 1 to the point of beginning. Dated: Orwin Lee Carter Anita M. Carter STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 1998, by Orwin Lee Carter and Anita M. Carter, husband and wife. , Notary Public THIS INSTRUMENT DRAFTED BY: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 . RESOLUTION NO. . A RESOLUTION ACCEPTING STREET EASEMENT FOR TIDRD AVENUE SOUTH WHEREAS, during the construction of Local Improvement #185 the roadway on Third A venue South was replaced in the same location that it had existed. After replacement it was discovered that the curb and gutter encroached upon property owned by Orwin Lee and Anita M. Carter, owners of Lot I, Block 13; Hersey, Staples and Co.'s Addition to Stillwater; and WHEREAS, the encroaching right-of-way of Third Avenue South haq)een traveled in the same location for at least thirty (30) continuous years giving prescriptive rights in the City to the traveled portion of Third Avenue South even though private adjacent owners have improved and maintained the road from time to time; and WHEREAS, Carters are willing to convey an easement to the City in order that the boundaries of the encroachment can be properly defined. The easement form is attached as Exhibit "A". However, the Carters have requested assurances from the City that the conveyance of the easement to the City will not work prejudice to them. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: . 1. That after the conveyance of the easement to the City, the lot setback area, both for front yard, side yard and corner lot requirements be measured from the boundaries of the lot before the encroachment and not be reduced by the area of the easement. 2. That the area required under the Zoning Ordinance for lot size area requirements will be measured from the lot lines before the conveyance of the easement and not be reduced by the area of the easement. 1998. Enacted by the City Council of the City of Stillwater this _ day of CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk . Zf ~ MEMORANDUM . September 18,1998 TO: Mayor and City Council . . FROM: Klayton H. Eckles /u y/ City Engineer SUBJECT: NSP Proposal Installation of Downtown Decorative Street Lights Project 9819 DISCUSSION: Attached is an agreement from Northern States Power Company. This agreement would involve the changing of ownership of the existing downtown street light system, as well as the installation of new decorative streetlights. Under this agreement NSP would not only install the new light system, but also own and operate the new system as well as the old system. This agreement would cover the installation of lights on Main Street and Chestnut Street from Main to the bridge. It does not cover any streets west of Main Street. In the agreement NSP proposes to complete this work for an amount of $199,403.00 for the bulk of the work, plus other minor charges for repairs and restorations to the existing light system. City Council has been waiting for results ofthe NSP proposal for some time. However, the results of proposal seem favorable in that the proposed City costs appear reasonable. The issue, of course for the City, is how to pay for these improvements. There are two possible funding sources that Council may wish to explore further. 1. Using the 429 local improvement process that would result in assessments. 2. Set up a special taxing district for those properties bordering the lighted streets. If the City were to proceed with the assessment option, a feasibility report and public hearing process would be required. Note that this information has not been presented to any of the interested parties including the Chamber. RECOMMENDATION: Staff recommends that Council consider as to whether or not the City wishes to proceed further with this issue at this time. ACTION REQUIRED: If Council wishes to explore this issue further, Council should give direction on which funding options appear to be more desirable. /XI " . NiP Northern States Power Company 1518 Chestnut Ave. North . Minneapolis, MN 55403 Telephone (612) 630-4812 September 1. 1998 Tim Moore City of Stillwater 216 N. 4th St. Stillwater. MN 55082 Dear Mr. Tim Moore: Enclosed is the agreement between NSP and the City of Stillwater to change ownership of the existing street light system, and to install new decorative street lights. NSP has included a price to accomplish this with stated assumptions. Unforeseen problems and the stated exceptions will be billed at time and materials. If you are in agreement with this proposal, please sign and return it for our signature. If there is . an area in this contract that you would prefer to have a bid price proposed, note it. We will pull that item from this agreement, and put together a proposal at a later date. If you have any questions about this agreement do not hesitate to call. We appreciate the opportunity to work with you and the City of Stillwater. If you should desire any further assistance with other projects in the future, we would welcome the opportunity to work with you again. Respectfully submitted, /~d__ Ron Hammer encl: 1 c: Marge Bilyk NSP Charlie Stoltz NSP Stu Fraser NSP John Wertish NSP . .~ , . . . Agreement to Change Ownership of the 'Existing Street Light System and Install. Decorative Street Lights between The City of Stillwater and Northern States Power Company September 1, 1998 1 '-- .. AGREEMENT . This Agreement made September 1, 1998, between the City of Stillwater, a body politic and corporate under the laws of the State of Minnesota, with its principal place of business located at 216 N. 4th Street, Stillwater, Minn. 55082, and Northern States Power (NSP),a Minnesota Corporation with its principal business located at 414 Nicollet Mall, Minneapolis, MN, 55401. DESCRIPTION NSP will upgrade the existing street lighting system, install a new decorative street lighting system, repair the feedpoint cabinet an Nelson St., and separate the festoon lighting circuit (1) CITY'S RESPONSIBILITIES The City agrees to pay NSP to bring the existing street lighting system up to NSP's standards, and to turn over title of the system upon completion of the work. The City agrees to pay NSP amounts based on the rates set forth for the Purchase Option (Group 5) Rate. The length of the rate shall be seventeen (17) years for the existing system, and twenty-five (25) years for the new decorative system. The City agrees to purchase, warehouse, and provide upon request by NSP the non- standard poles and fixture housings for replacement of damaged or worn out equipment. After NSP has installed the replacement part, the City shall submit a bill to NSP for the amount of the original purchase cost. . The City shall notify NSP to report street lighting maintenance needs by calling 1 (800) 895- 1999. Unless otherwise set forth in an attachment hereto where NSP is providing services, the City agrees to make the site available to NSP or NSP's agent to perform the service. The City agrees to furnish to NSP drawings indicating the location of the underground facilities. (2) NSP'S RESPONSIBILITIES EXISTING: NSP will bring the existing street lighting system up to NSP specifications, and invoice the City as included in the proposal. This is to include but not limited to replacing base covers and hand holes; sanding, priming and painting where required; and replacing damaged poles. NEW: NSP will install the decorative street lighting system as previously determined. This system shall tap into the existing circuits and conduit. O&M: NSP will own and maintain the existing street lighting, and decorative street lighting . system under the Purchase Option (Group 5) program. The length of service will be seventeen 2 . . . .> (17) years for the existing system and twenty-five (25) years for the new decorative street lighting system. NSP will separate the festoon lighting circuit and add a meter to that circuit to satisfy NSP requirements. Festoon lighting circuits with varied hours throughout the year shall be metered. (3) TERMS. NSP shall invoice the City a fee for services of $199,403 (One hundred ninety-nine thousand four hundred three dollars) to bring the existing light system up to NSP standard and install a new decorative street lighting system. This price assumes that the existing wiring and conduit are in good repair, that we will be able to use the existing wire and conduit, and that unforeseen problems will not arise. Unforeseen problems beyond the scope of this contract will be billed to the City at time and materials. Unforeseen problems would include but not limited to having to rewire or replace conduit for a portion of the existing street lighting system to ensure the complete safety of the City. To cover future risk NSP will invoice the City an additional $7,000 to cover unforeseen problems that arise for a period of twelve (12) months after restoration of the existing system, or NSP will bill the City time and materials for any unforeseen problems arising within that period. The above price of $199,403 does not include the repair or replacement of the feedpoint on Nelson Street, the replacement of the two poles that are bent at the north and south end of Main Street, or the pole that is leaning at the south end of 2nd or 3rd near Nelson. Also not included are the eight (8) decorative acorn fixtures at the entrance to the drawbridge. These items will be billed at time and materials. (4) DISCLAIMERS. NSP offers no warranties, representations or assurances of any kind with respect to any services or training services or any materials provided hereunder, the accuracy thereof, or the quality of the workmanship. (5) LIMITATION OF LIABILITY. Subject to paragraph (6) below, in no event shall either party hereunder be liable to the other or any party claiming through it for any reason whatsoever, including an action based upon contract, tort, strict liability or negligence or environmental claim for an amount in excess of the contract price, payable hereunder nor for any special consequential, incidental or other indirect damages of any kind. Buyer's sole remedy hereunder shall be limited to a refund of the amount paid hereunder. (6) INDEMNIFICATION. Except as caused by NSP's negligent or willful acts or omissions, Buyer agrees that it shall indemnify and hold NSP fully harmless for any damages, losses, claims or actions, including actions grounded upon contract, tort, negligence, strict liability, or environmental claims, which NSP incurs as a result of NSP's performance hereunder or use of same equipment by Buyer or any third party. 3 ., ., In no event, shall NSP be liable for damages including, but not limited to, loss of profits or . revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of purchased power, cost of substitute equipment, facilities or services, downtime costs, or claims of Customers of Buyer for such damages and Buyer will indemnify NSP against any such claims. (7) FORCE MAJEURE. Neither party shall be responsible for any delays in performance (other than payment for services rendered) based by an event of force majeure. The party experiencing the event of force majeure, shall promptly notify the other party of its inability to perform under the contract as a result of an event o(force majeure. Following receipt of said notice by the other party, the obligations of each party (other than payment for service rendered), so far as they are affected by the event of force majeure, shall be suspended during, but not longer than, the continuance of the event of force majeure. The term "force majeure" as used herein shall mean an act of God, strike, declared war, civil unrest, public riot, fire, lightning, earthquake, storm, flood, explosion, govemment restraint, unavailability of equipment, and any other cause, whether of the kind expressly set forth herein or otherwise, which is not reasonably within the control of the party claiming the suspension. (8) APPLICABLE LAW. NSP shall comply with all applicable state and federal safety and health laws including, but not limited to, the Occupational Safety and Health Act of 1970 (OSHA) and all standards, rules regulations and orders issued pursuant to such state and federal safety and health laws, and laws related to nonsegregated facilities and equal employment opportunity (including the seven paragraphs appearing in Section 202 of . Executive Order 11246, as amended). (9) BINDING, COUNTERPARTS, EFFECTIVENESS. This Agreement shall be binding upon the parties hereto and cannot be assigned, amended or modified except in writing agreed to by the parties. This Agreement may be executed in counterpart, and each such counterpart shall be deemed to be an original. This is the entire agreement between the parties hereto conceming the subject matter hereof. (14) GOVERNING LAW. This agreement is govemed by the laws of the State of Minnesota. CITY OF STILLWATER ("City") NORTHERN STATES POWER COMPANY ("NSP") By: By: Its: Its: By: By: Its: Its: . 4 '. . . MEMORANDUM TO: Mayor and City Council FROM: Steve Russell, Community Development Director DATE: September 18, 1998 SUBJECT: Request to Cable Commission for Internet Service for Stillwater Recreation Center Staff recommends that the City Council request from the Cable Commission cable access so that programs can be broadcast from the new St. Croix Recreation Center. The Cable Commission is currently negotiating a new contract for services and the cable extension is requested to be a part of those negotiations. The estimated costs of the connection is $13,500.00. RECOMMENDATION Direct staff to request cable access from Cable Commission. . Lvle .1. Eckberg .Jdmes f'. Ldmmers Robert G Br;ggs*+ 1"\ d r k .1. V; e r I, n g* Gregorv G Gdllcl'+ Thomds.1 'vi cidner-* Susdn DOlson. . . LA W OFFICES OF Eckberg. Lammers. Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue S till W d t e r. 1"'\ inn e sot d 5 508 2 Ddvid K Snyder lJ rosh P;letich* (651) 439-2878 I'AX (651) 439-2923 P dul A. 'vi o Iff (19J.J.-1996) *Qu.I.Led Neu!r.1 Arb,!r.t"r & j\\ed,.!or .Qudl.fied Neutrdl Arbitrdtor ~*Certlfied Redl Estdte Specidlist .Qu.I.Led Neulr.1 i\\ed;dlor Direct Dial No. (651) 351-2112 September 16, 1998 The Honorable Mayor and City Council of the City of Stillwater Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 fB) IE' =- ~~--~."'...- IJ11lb ((;: I;;t ji ',' . ~ (,",' TF',,"""-I , J ::.;.;,,~~j SEP 1 7 '998 -------. Re: John E. Roettger Contract for Private Development Downtown Parking Ramp/Condo Project Dear Mayor and Council Members: In late 1997, the City and John Roettger d/b/a Croix Bu~lders, Inc., entered into a contract whereby Mr. Roettger would purchase certain property owned by the City and John Bourdaghs in the City of Stillwater and construct a condominium and parking ramp. My client has been unable to comply with the deadlines set forth in that agreement because of an inability to obtain financing. At the present time, Mr. Roettger has been approached by two different individuals representing a company that is interested in either investing in or taking over the project. As you know, Mr. Roettger has spent a substantial amount of money in connection with architectural work, soil testing, etc., for this project. This potential investor/buyer needs additional time, however, in order to see if a financing package can be put together to make the proj ect work. Accordingly, the purpose of this letter is to request on behalf of Mr. Roettger, an extension of the deadlines set forth in the contract with the City for a period of six months. Thank you for your consideration of this request. RGB:bc cc: David T. Magnuson, Esq. Steve Russell Nile Kriesel John E. Roettger Very truly yours, R~ Attorney for John E. Roettger d/b/a Croix Builders, Inc. . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: September 17, 1998 RE: Consultant Services for Design Review of Expansion Area Development To assist in the design review of development proposals in the expansion area, Liberty and Legends projects consultants services from Katherine Widen consulting forester and Roger Tomten, AlA Environmental Design is requested. These professionals will assist city staffin review to minimize tree impact and implementation of special design guidelines for the area. The cost would be paid by the City and reimbursed by the developer. No out-of-pocket City costs for the services would be paid. Recommendation: Approval of agreement with Tompten Environmental and Katherine Widen, Plant Health Associates for consultant services (resolution). . . . '1 1 IFTI iF;":::-- - :-.ii----.'~i 9/1/98 SEP 0 3 1998 Stillwater City Council City of Stillwater 200 N. 4th St. Stillwater, MN 55082 -------- - ---~""'- Re: Property described as: Lot 6, Block 44, Carli & Schulenberg's addition, 3rd Ward. Property ID R 21.030.20.13.0026 Ladies and Gentlemen: We would like to apply for an exemption to the proposed moratorium from building on the North Hill for this property. We have, over the last ten years, incurred considerable expense to develop this property into a buildable lot. These expenses include: · Vacating streets, · Perk tests and engineering report, · Surveys of the property, · Construction of a driveway, · And we received a license from the city in 1993 to access this property via a roadway in Schulenberg Park. The City would have the opportunity before construction of a house on this lot to exercise any necessary caution to mitigate the problems that have occurred in other parts of Stillwater. We built the driveway in accordance with requirements imposed by the city and have suffered no ill effects through several rainy Spring seasons. This property may be the last unimproved lot in Stillwater that has a good view of the 51. Croix River. Without an exemption to the proposed moratorium, we would not have the opportunity to recoup the investments we have made to make this a buildable lot. Thank you for your consideration of our request. Sincerely yours, B\D\~ ~~ Bill and Bonnie Hubbard . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202. P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff j FROM: David T. Magnuson, Stillwater City Attorney ~ DATE: September 22, 1998 SUBJECT: Request for Relief from Moratorium Ordinance I have revi~~wed Minnesota Statutes ~462.355, Subd. 4, which gives authority to the City to regulate, restrict or prohibit any use or development within the jurisdiction in order to conduct planning studies to determine whether the Ordinance can restrict already platted lots or parcels that even recently have been approved for development. Since the statute allows the City to prohibit "any use or development", it does allow the City to deny building permits during the period of the Moratorium as long as the City is in good faith conducting studies to protect the planning process and the health, safety and welfare of its citizens. Since this is a zoning question, however, it is always within the discretion of the City Council to grant relief if circumstances warrant. It is, therefore, discretionary with the City Council whether to prohibit building permits altogether or to grant specific relief if circumstances require. DTM/ds ,..' '-, . . September 17, 1998 f II' f1"" !2 (~ 1'r-7 : ; '\"\ "," . ,:~-:: ::."'" ~- ; '\. '\ I::"::' t'- r- :--:: i i .... <.... . !' I'" . ~"...." , . I! 1/ );-_::~-'_::~=-':; ~..' ,: '\i !SEP 22 I:i 1\\,: ( w; __.__~ ._.'~':~_~~" Nile Kriesel City Administrator 216 N. 4th St. N. Stillwater, MN 55082 Dear Mr. Kriesel: I am forwarding this letter to you after reading the Star Tribune article (week of September 14) pertaining to the skateboard facility located in Northland Park. My family lives in North St. Paul. We enjoy many aspects of your wonderful city such as the fireworks display on the 4th, nice restaurants, boating on the river, hiking, shopping, etc. My son, who is 18, was very happy to hear about the new skateboard park since it has always been difficult to find a place, other than your own driveway, to skate. He has been skateboarding since he has been 13 years old. It has been very frustrating for him and for us to fmd a safe place for him to enjoy his sport. In the last few years, it has increased in popularity yet there is no place where they are allowed and in many instances, my sons and his friends are treated with dis.respect. There is always city funds for tennis and basketball courts, baseball fields and hiking/biking trails. I feel skateboarding is no different. It is good exercise, keeps teenagers busy and they enjoy being outdoors. Last week, I visited the park and watched my son and his friend. At the time, there were about 25 kids skateboarding. In reference to the article, a few neighbors were complaining about the noise generated by the skateboards. As I watched, I noticed that skateboarding is kind of a solitary sport. Even though they are together skating, they rarely say much to each other. There was no yelling, foullangage or fooling around. They were too busy perfecting their own moves. I also noticed that the older kids were really watchful of the littler kids and kept out of their way. I feel that the noise was minimal (no worse than a cheering crowd at a baseball game). It closes at 6:00 p.m. which is reasonable for neighbors. What is city park for anyway? It should be for the recreation and enjoyment of our young people too! I have heard that Oakdale is considering a skateboard park. They also experience problems with what to do with the growing amount of kids interested in the activity. I think every city should consider what you have done since all other sports are readily accepted at city parks. I am impressed with how nice this facility is maintained and I hope you continue to use this location in the future for our kids to have a great time! Sincerely, ~ ~}~~~~~ Cathy Hannigan ~' MAINSTREAM - The Twin Cities TV Newsletter - September J 998 . .~~ On Saturday, September 19th, TCTU and the Minnesota DNR will be conducting channel restoration work on Eagle Creek in Savage. At least 30 volunteers will be needed to help rechannel the stream in a degraded section near Boiling Springs. Volunteers should bring hip boots (chest waders are not needed), gloves, shovels and small mallets, if possible. Lunch will be vlded by TV. 0 ers should at the dence A venue bridge t 9: m. To get to Ea Creek, foIl w 1 west from 35W, or take 1~1 east Brown's Creek update There is a good deal of good news is corning from Brown's Creek lately. A $300,000 state grant has been earmarked by the DNR for the rechanneling project. The DNR has contaCted the Washington County Watershed Management. '()rganization suggesting that the DNR design" arid constru. ct the new channel next to the ~ailr6~d tracks as has been suggested by TCTU and others. Mark your calendars Sept 8 Chapter meeting, Bell LIVE!, 6:45, Wood Lake Nature Center, Richfield t 15 Board meeting, Thunderbird '0 Sept 19 Brown's Creek workday, more info in articles above, Marty Melchior, 639-8196 Oct 13 Chapter meeting, 6:45 Oct 20 Board meeting, 6:30 Nov 10 Chapter meeting, 6:45 2nd Tue. (Sept~:May) . Chapter meetings . More on 9/19 Ea Ie Creek workda from the new Hwy 169 river crossing. Exit on Zinran A venue and follow the signs to the project. We will work rain or shine, so dress appropriately. Foremen are needed to be supervise small crews. If you are interested in being a foreman and would be available for a few hours of training one day after work, call Marty Melchior at DNR Metro Fisheries, 772-7950 (days) or 639-8196 (evenings). ly Tying Paradise Largest Fly Tying Selection in the Twin Cities Tools .ORVIS. Renzeni Griffin Regal Thompson ntley's is your Twin Cities' Full Orvis Dealer. Stop in and see our: · Fuli service fly shop . Fly tying rools and materials · Guide service, instruction and trips . Rare and exotic Salmon fly feathers Quality Brand Name Products from: Orvis · Ex Officio · Costa Del Mar · Barbour Order Orvis caralog icems from our score and save shipping charges! Bentl.y's Bentley's Outfitters 582 Prairie Center Drive. Tower Square Shopping Center Eden Prairie, MN 553{4 · 828-9554 Regular Store Hours: T,W.F 10 a.m.-6 p.m. - Thur 10 a.m.-8 p.m.- Sac 10 a.m.-5 p.m. Closed Sundays and Mondays 12 .... &.....$."...'.....'...... ,is . (f'<<" " i ~ " R...'."....... .' ':" '::~ Summer 1998 : Special edition RE"",.tA( .....,. .. ... .....,~,. ,j ..w \, ,.'... ~"-"l J..." TV seeks to improve fishing in. Brainerd area by Mike Rahn ~'\ Less than a mile from Stoney Brook as the heron flies, high- powered runabouts pull slalom- ing waterskiers, expectant anglers backtroll for elusive walleyes, and jet- skis jump wakes and emit the whines for which they are so deservedly detested. Onshore, sunbathers lather up in hopes of striking a balance between cancer-inducing rays and "tanning" rays, golfers line up putts, and tennis players mop brows between volleys. This is Gull Lake country, near Brainerd, the destination for more vacationers than any other such locale in Minnesota. While still able to boast of great natural beauty and recreation- al appeal, the Gull lake area can in some dimensions be best described as '" an outstate Lake Minnetonka. For our heron, who may stalk both the shallows of Stoney Brook for tr~ut and tIAallows of Gull Lake for mmnows, .s and hapless young gamefish, the contrast could hardly be greater. For trout fishers, too, these are different worlds, despite their proximity. .ugh virtually shoulder to shoulder with one of the most intensely developed recreation areas in Minnesota, Stoney Brook is still a place where you can slip into a world almost as private and secluded as any but the truly remote Midwest trout streams. In July, the Minnesota DNR completed two weeks of habitat work on Stoney Brook, most directed at repairing and replacing instream struc- tures that had been damaged by flood- ing during the spring high water period of 1997, as well as stabilizing banks in areas where erosion potential exists. Similar habitat work, including repair, replacement and new initiatatives, has been identified as an annual future pri- ority for the DNR Area Fisheries office. Stoney Brook flows some 19 miles from its headwaters west of Kelly Lake in Cass County, to eventu- ally discharge its flow into Upper Gull Lake. Much of upper Stoney Brook is brushy, alder-lined, alternately deep and -- in some places -- even sea- sonally dry. But the lower two miles - - the section managed with Minnesota DNR and TV efforts -- are consis- tently cool, clear and very hospitable to trout, despite some midsummer periods of low water, and oftentimes skittish, hard-to-approach fish. While Stoney Brook has seen brook, rainbow and brown trout stock- ing dating back at least to the 1950's, no stocking has taken place since 1989, and both brook and brown trout are thriving. Fish abundance, as mea- sured in pounds-per-acre by elec- trofishing census, had by 1996 almost reached that of 1989, a year when both naturally reproducing and stocked fish were present in the stream. Censusing, which has been annual since 1989, will now move to a biennial schedule to reduce stress and potentialloss of cap- tured fish, according to Fisheries Specialist Dale Logsdon, the on-site leader of DNR habitat work on Stoney Brook. potentially vulnerable sites. Repairs were made at 10 sites, includ- mg * reinforcement of some 400 feet of streambank with field stone * 4 new lunker structures added, 2 replaced and 2 repositioned * 1 tip-dam repaired * 1 rock dam removed A rainy June, with water levels at times as much as 12 inches above nor- mal for the period, hampered the DNR crew somewhat, making backhoe access and instream repair and setting of structures difficult. This year's work was funded through trout stamp pro- ceeds and a $1,500 donation by the Gull Area Lakes Association (GALA). Happily, the Area Fisheries Office appears committed to providing staff and other resources to help in the Within this two mile stretch management of Stoney Brook. t~ere h~~ be~n a r~u~h by-species divi- _rrent plans are for continuing to Slon of temtory, WIth brook trout the ~lace and repair existing structures predominant fish in the upper portion, as needed, and to add new structures browns in the downstream section of where advisable. Perpetual easements lower gradient and generally slower, for habitat work and angler access deeper water. Some of the Stoney Ave rece,ntly been purchased by the Brook regulars, however, feel they ~ from private landowners in the have observed a gradual increase in upper section of the two-mile managed the number of browns caught in -- for stretch, and such structures as wedge want of a better description -- the tra- dams (K-dams), tip deflectors and sin- ditional brook trout water. Whether gle "mini-lunker structures" are being future censusing will show a popula- considered for this section. tion swing matching these unscientific observations -- and whether instream con- ditions could be in any way related remains to be seen. Cooperative habitat management by the Minnesota DNR and TU has been going on since the late 1980's on Stoney Brook, and this summer the DNR was onstream again, primarily as referred to above -- to repair erosion dam- age behind bank structures, and to guard against future damage at several Trout Unlimited Minnesota The lower managed water is in the combined ownership of private landowners, Cass County and the City of Lakeshore, and easements are in place here, too. On a watershed level, there are plans for providing assistance in implementing alternative cattle water- ing options in Stoney Brook's semi- agricultural headwaters, where, though at present not considered threatening, there may be potential ,to either improve water quality or pre- vent potential negative impacts on the stream. Paul Bunyan TU Chapter President Mickey Johnson, reflecting on past habitat management work done on Stoney Brook, stressed the need for learning from past experience -- successful and otherwise -- in choosing future habitat improvements that will be most durable, and least maintenance-intensive. Johnson stressed that Stoney Brook's manage- ment should reflect its particular char- acter in terms of substrate, gradient, flow and other characteristics, which in combination may yield a different management "prescription" than for trout streams elsewhere. Stoney Brook is currently a healthy, productive trout stream, one that can support catch-and-release fishing, and can also benefit from con- tinued attention to sound streamside and instream habitat work. Whether Stoney's future will be impacted by the substantial growth taking place in the Brainerd Lakes Area remains to be seen. But, if there is a vigilant and activist trout fishing cOalency to "stand watch" for its contI tl protec- tion, Stoney Brook may remain a secluded,' seductive escape from the "rec-mania" to which it lies so close. Mike Rahn is a Twin City .ve, a 20- year resident af Brainerd, and member af the Paul Bunyan Chapter af Traut Unlimited. Fisheries crew m~mbers place rocks in prepa~ati.gn:f~'~;'mh'~~?t~'it"ii~~l~ii:ti6'~:;~;;:G';'::::;: ", . -:.: ."'>' ,\, ":.--,'" - ':,>.....::-}~J;~-~~i)-~;iit:,>;:~~{f~~'ii,i,t-,;r:;~. :~:' Trout Unlimited Minnesota A. S' development in the seven c.ounty metropolitan area con- tmues, those streams capable of supporting coldwater fishes are in jeopardy. Historically, the small streams in this area provided habitat for native brook trout and other endemic fishes. Human encroachment in the form of development and related infrastructure has severely degraded several streams to the point that they are nothing more than drainage ditch- es. This discussion focuses on metro- politan area streams which currently support trout; baseline information regarding physical/biological parame- ters, and historical use; and future management plans. Eagle Creek (Scott County), a tributary of the Minnesota River, receives much attention due to rapid development in the areas adjacent to its borders. The streams proximity to the Minnesota Valley NWR constitutes its importance as a migration corridor for wildlife. This stream supports a naturally reproduc- ing population of brown trout, as well as oth~me and non-game fishes. The stZnding riparian vegetation serves as habitat for waterfowl, passer- ine birds, reptiles,and mammals. ~ithin .a stream a variety of aquatic mvert~s thrive including mayflies, stoneflies, caddisflies, drag- onflies, and damselflies. As Eagle ,qreek.,courses north toward the ,r ' ..~'.,.. "~'.' -.,_;,,,,,,,-:,:"-::"";',:.-\"." . Summer 1998 : Special edition lore. Current management of the Eagle Creek area includes the Department of Natural Resources (DNR) purchase of a 400 foot wide riparian corridor also known as the Eagle Creek Aquatic Management area. Current research by Marty Melchior examined limiting factors to brown trout production in the creek. Initial findings indicate that the stream lacks microhabitat, is limited in juve- nile spawning habitat, and may be too small to support a viable fishery. This stream, like others in the metro, has always had limited fishing potential, but serves as a barometer of water quality. Future plans include improv- ing current trout conditions, expansion of trout spawning possibilities, the construction of observation decks and hiking trails near Boiling. Spririgs. Also, the DNR fisheries management section is considering designating Eagle Creek as a catch and release trout fishery. 7 DNR fisheries personnel Kevin Bigalke (Metro Trout Stream Coordinator) I Jason Moeckel (Trout biologist and stream geomorphologist) and Jerry Johnson (Fisheries biologist) install a rock weir on Eagle Creek Local anglers are still catching stocked ed at numerous sites throughout the The Vermillion River (Dakota trout, however; some in excess of eight watershed, and will yield valuable County) is a watershed cover- pounds information. ing one third of the countYfa A major problem facing this Community monitoring pro- is threatened by urban develop river is upstream flooding which cre- jects designed to .tor aquatic and current agricultural practices. T e ates highwater problems in mid to invertebrate populations are underway Vermillion River contains eight miles downstream areas, specifically parks in the Vermi!lion watershed, and in the of designated trout water and is char- in the towns of Farmington 'and other trout watersheds. The goal of acterized primarily as a brown tra Lakeville. Current fisheries informa- these projects, led bYiR biologists fishery. Although the Vermillion tion is lacking due to the difficulty in and school teachers, to increase not been stocked since 1993, young electrofishing high water areas. As awareness among young people, and trout have been caught in DNR sur- part of the Metro Trout Initiative, cur- to collect valuable data regarding veys,suggesting naturaLreproduction...,. rent research plans include a joint insect populations. School kids are "...':;',>.',"";',i': ::'effort between the. DNRand collecting and identifying bugs of all. Montgomery-Watson in updating a kinds throughout the metro area. watershed management plan. The local Erosion and subsequent soil Soil and Water Conservation District loss continue to be a problem for local is cooperating in a stream assessment landowners. In the next few years, TU study (from Vermillion headwaters to and the DNR will work with landown- Hastings) which will measure factors ers to help stop erosion and restore the including, channel morphology, sub- available trout habitat Keep your eyes strate composition, and physical/bio- open for upcoming volunteer opportu- logical parameters. DNR fisheries nities. biologists are examining these same parameters over 30 sites on the main stem and tributaries between Farmington and Highway 35W. Temperature data is also being collect- Minnesota River, it meanders through two rare vegetative zones. These zones include an oak savannah and part of the Savage Fen, a calcareous fen that has been recently spared the bulldozer. The City of Savage had planned to build a road through the fen, but was denied a permit due to environmental concerns. A unique nat- ural feature of Eagle Creek is its two boiling springs which are produced by an upwelling of water forced to the streams surface by a thin layer of clay. Historically, these boiling springs were significant in Native American One of the projects designed to help preserve brown trout in Eagle Creek was the removal of this bridge near critical trout spawning areas Assumption Creek (Carver County) is a tributary of the Minnesota River. Presently there is little development pressure because the creek lies mostly within private land. However the owner is interested in selling to developers or to the state. This creek flows through a calcareous fen that is rare enough to warrant future protection. This stream supports a small coldwater fishery (brook and brown trout), however cur- rent fisheries data is lacking due to concentrated efforts on the Vermillion River. Future plans for Assumption Creek are sketchy, but the Lower Minnesota Watershed Project and DNR are interested in conducting investigative work. Brown's Creek (Washington . County) is a tributary of the ST. Croix River. Again, resi- dential development pressure is a cur- rent threat to this stream. Brown's continued on page 10 6 Summer 1998: Special edition Trout Unlimited Minnesota t r,-.. (') o "0 '< ::I. (lQ go @ - \D \D 00 ~. ~ g-~ ac ~ 2- S' ~~ g 8- "0, ~. ~ ;.~ 8 a. ::;-8 ~ g, ~~ 5a'g f:c:: ~ .~ . ,,- [3 II> '< r:r Cll ~ ] 0. = (") Cll 0. ~~S::.foo. -w>o ~~~~ ~"';"Clg ~::coo Otl'z~ C-ll::lr.: !I>~ms s::~~~ Zmm", "'...::C~ '" Q\ .foo.O 00 ... '0 ~ oc .foo. 0 Q\ '" '" ~:-OQ 'i:l II> F- ~- z~ VI 0\ VI VI >- >- 6 ... 0\ VI ~'i:l S. (D VI g ~. ~"O Z og. ~;;. 9 VI \D 0\ C en 'i:l o '" S- (lQ Cll 'i:l II> s.: ~ SEP-04-1998 15:18 CITY OF OPH CITY OF OAKPA'RK HEIGHTS P.03/03 14168 -N. 57th Street. Box 2.007' Oak Park Heights, MN 5508Z' Phone: (612)439.44390'e~{\Xmt~\-.0AA4 CITY COUNCIL MEETINGS & WORKSHOPS F,Y.. I SEPTE:f\lBER & OCTOBER, 1998 :..-. Monda.y, Septem.ber 7 CITY HALLCLOSED'IN OBSERVAJ~CE OF LABOR DAY Tuesday, September 8 6:00 p.m. 7:00 p.m. Wednesday, September 9 9:00 a.m. ~ 12:00.noon Sunda.y, September 13 9:00 a.m. Tuesday, Septembe:r15 . .7:00 .a.m - 8:00 p~m. 8:00p.m. . Wednesday, September 16 7 :30.i.ri1. . . Thursday, September 17 7:00 p.m. Monday, September 21 6:30 p.m. T uesJay, Sepicmber 22 7:00 p.m. . Tuesday, October 6 7:00p.m. . Tuesday, October 13 . 6;00 p.rn~ ThuI8day, October 15 7:00:p.1T,l. Mo~day, October 19 6;30 p.m. ... \,. public Informational Meeting cn. SoliJ Wast Coni:ract(Council Chambers) City Councll M~eting (Council Chamber;) St. Croix River Crossing Advisory Group - St: C)'.'oi." CoUnty Government Ce~ter' Parks CommiSsion Fall Park walk-rhl'ough meet at Brekke Park PrimaX}' ElecHons (Council Chambers) City Coun~il Work Session (Back Conferenc Room) Oak.Park Heights Business Asso.clation " Joseph'a Restaurant Planning Co~ssion.Meeting (Council Chambers) . .. . Parks Commission Meei:ing(CouncU Chambers) . . CitY Council Meeting (Council Chamber$) CityCouncll MeetingiCouncJ Chambers City Council Work S~~sion (Back . . Conference Room) Planning Com~is&ion (Council Cha.mhers) Pa~ks Commission (Council Cha;m1ers) . O:\SHARED\CQUNCIL\MEETINOS.WP .. :TreeCity U.S.A~ TOTf~L P. 03 SEP-04-1998 15:17 CITY DF OPH p.02/03 ~ CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 8,1998 7:00 P.M. AGENDA . 7: 00 1. Call To Order/Approval of Aienda 7:05 II. Department/Council Liaison Reports A. Parks B, Cable C. Water Management Organizations D. Recycling Award (1) E. Bridge Report F. Planning Commission G. Council Committee Updates 7: 15 III. Visitors Thi$ 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: 15 IV. Consent Aflend~ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes - August 23, 1998 (2) C. Approve resolution officially recognizing the week of September 17-23 as Constitution Week (3) 7;20 V. Public Hearinis 7 :20 VI. New Business A. Resolution adopting proposed 1999 budge! and tax levy (4) B. Association of Metropolitan Municipalities (A.MM) 1998 Metro Regional Meeting- Thursday, September 24, 1998 - 2:30 - 9:00 p.m. at Sheraton MetrodQme Hotel (5) C. Cable Commission Request ~ benefit insurance (6) 8:20 VII. Old Business A. Request for a kennel pennit from Shari Innes, 14191 North 64th Street (7) B. Request for a kennel permit from Deanne Crosby, 13733 North 60th Street (8) C. Cable Commission Joint Powers Agreement (9) . 8:45 VIII. Acljoummepl: Social gathering at Applebee's restaurant after adjournment of Council meeting. . WASHINGTON COUNTY COUNTY BOARD AGENDA SEPTEMBER 8,1998, 9:00 A.M. Mary Hauser District 2 Wally Abrahamson District 3 Dennis C. Hegberg District 1/Chair Myra Peterson District 4 Dick Stafford District 5 1. 9:00 Roll Call 2. Consent Calendar 3. 9:00 Public Works Department - D. Wisniewski, Director A. A ward Citizen Commendation to Elliot Houser B. Jurisdictional Transfer Agreements 4. 9:25 General Administration - 1. Schug, County Administrator 5. 9:30 7. 8. 9:45 9. 9:45 to 10:15 10. 10:15 to 11:00 A. Proposed Budget for Payable 1999 B. Certifying Proposed Property Tax Levies for Payable 1999 for Washington County and Washington County Special Levy for Washington County BRA C. Certifying Proposed Property Tax Levy for Payable 1999 for Washington County BRA 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 infonnation, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Community Services Department Status of Out- of-Home Placements in Washington County Board Workshop with Health, Environment and Land Management Department Regional Solid Waste Master Plan and Washington County's Solid Waste Master Plan *********************************************************** Reminder: No Board Meeting September 29, 1998 - 5th Tuesday Date ptember 8 eptember 9 September 10 September 10 September 10 MEETING NOTICES Committee Time Location Mental Health Advisory Solid Waste Advisory Conunittee Conununity Services Advisory Metro TAB Minnesota Extension 4:00 p.m. 5:30 p.m. 7:30 a:m. 12:30 p.m, 7:00 p.m. Christ Lutheran Church - Lake Elmo Washington County Government Center Washington County Government Center 230 E. 5th Street - Mears Park Centre 1825 Curve Crest Blvd. - Stillwater Assistive listening devices are, available for use in the County Board Room If '[ou need assistance due, to diS, ability or lan,g uage, barrier. P, ,Ieas,e" ca/l430-6000 (TOD 439-32201 EUUAL EMPLOYMENT OPPORTUNITYIAFFI/'Uv1ATIVEACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* SEPTEMBER 8, 1998 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the August 25 and September 1, 1998 Board meeting minutes. B. Approval of resolution, authorization to submit a joint grant application with the Cities ofMahtomedi and Willernie to Minnesota Planning for Community-Based Planning grant funds for a downtown planning study. C. Approval of the County's comments concerning the City of Woodbury's proposed reduction in size of Tax Increment Financing District No.9, and establishment of Tax Increment Financing District No. 12 within Development District No.1. Auditor- Treasurer D. Approval of abatement applications for homestead classification and values. E. Approval of on sale wine license for Kimberly's Catering, d.b.a. Withrow Ballroom, for the period October 1, 1998 to March 31, 1999. Community Services F. Approval of the School-to- Work Partnership Grant between the MN Department of Children, Families & Learning and the Community Service's Workforce Center Division to administer the grant for the Southeast Metro School-to-M Partnership for the period April 1 , 1998 through March 31, 1999. . G. Notification of a Certification of Commendation to Ramsey and Washington Counties by Governor Carlson for the Adult Mental Health Initiative. Health, Environment and Land Management H. Approval of agreement with the City of Cottage Grove and authorize payment for distribution of curbside recycling funds in the amount of $57,000. .;a, , Public Works 1. Approval to advertise for bids for the addition of mechanical humidification equipment to the Government Center heating, cooling and air conditioning system. *Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Conunissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. 1. 2. 3. 9:00 9:00 4. 9:45 5. 9:55 6. ' 10:15 7. 8. 9. 10:30 10. 10:30 11. 11:15 12. 11:30 to 12:15 WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 SEPTEMBER 15,1998, 9:00 A.M. Roll Call Consent Calendar Public Hearing - Health, Environment and Land Management - M. McGlothlin, Director Amendment to Ordinance No. 133 - Youth Access to Tobacco Health, Environment and Land Management - M. McGlothlin, Director Award of Excellence from the Minnesota Council on Physical Activity and Sports General Administration - 1. Schug, County Administrator A. Establish Time and Date for the First Board Meeting of October and December 1998 B. Joint Grant Application with the City of Afton C. Information on Brown's Creek Watershed District Activities 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 Washington County Regional Rail Authority Convenes A. Roll Call B. Regional Rail Authority Minutes - September 1, 1998 C. Formation of the TH 61 North Corridor Coalition D. Future Plans AddressingCrossing the North 1H 61 Railroad Corridor E. Creekview Preserve Road Crossing Application Regional Rail Authority Adjourns Board Workshop with Office of Administration Water Governance Study *********************************************************** Reminder: No Board Meeting September 29, 1998 - 5tb Tuesday Date ptember 16 ptember 16 eptember 16 September 17 September 17 September 17 Committee Plat Conumssion Transportation Advisory Board Housmg and Redevelopment Authority Workforce Council Metronet Parks & Open Space Conunission MEETING NOTICES Time 9:30 a.m. 2:00 p.m. 5:30 p.m. 8:00 a.m. 12:00 p.m. 7:30 p.m. Location Washing~on County Government Center 230 E. 5ID Street - Mears Park Centre 316 Broadway - St. Paul Park Washington County Government Center 2324 University Ave. W. - St. Paul Washington County Government Center Assistive listening devices are available for use in the Count'i Board Room If 'Lou need 8ssistance due to disability or la!'!l.uage barrier, please call 430-6000 (TOO 439-32201 EUUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 15, 1998 . The following items are presented for Board approval/adoption: DEP ARTMENTI AGENCY ITEM Administration A. Approval of the September 8, 1998 Board meeting minutes. Auditor- Treasurer B. Approval of abatement applications for classification change. Community Services C. Approval of host county contracts with Twin Town Treatment Center and We Care Treatment Center for adult outpatient chemical dependency services. Health, Environment and Land Management D. Approval to terminate building inspection contract with the City of Pine Springs. Human Resources E. Approval for a new position of 1 FTE Program Coordinator in the Workforce Center for the federally-funded School-to-Work program. Public Works F. Approval of second amendment to the Grant Agreement with Metropolitan Council, number SG-95-51, for recreational open space lands development at Lake Elmo Park Reserve to extend the term of the agreement. G. Approval of resolution awarding the bid for the Oakgreen Avenue Bridge construction in Denmark Township to Landwehr Construction, lowest respo. bidder, in the amount of$60,034 conditioned upon the execution of a contr approved by law. H. Approval for the early hires of the following positions as recommended for approval in the 1999 County Public Works budget: Implement an early conversion of the Traffic Control Technician from special project to full time; and a Park Maintenance Worker 1. 1. Approval of resolution, bid award for the purchase of a ~ cubic yard skid steer loader from the lowest responsible bidder, Polfus Implement, Inc., for a net amount of($1,345) conditioned upon the execution ofa contract as approved by law. *Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Conunissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 SEPTEMBER 22, 1998, 9:00 A.M. 1. 9:00 Washington County Regional Rail Authority Convenes A. Roll Call B. Discussion on the I 59th Street Crossing in Hugo C. Adjourn Washington County Board of Commissioners Convenes Roll Call Consent Calendar Public Works Department - D. Wisniewski, Director Proposed 1999 Park Fees and Charges Health, Environment and Land Management Department - M. McGlothlin, Director Resolution Relating to Amendments to Youth Access to Tobacco Ordinance General Administration - J. Schug, County Administrator Discussion from the Audience 2. 9: 15 3. 9:15 4. 9:25 5. 6. 9:40 9:50 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. 7. 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 infonnation, 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. 8. 9. 10:05 10. 10:05 to 10:25 II.. 10:30 to 12:00 Board Correspondence Adjourn Board Workshop Sheriff's Department Metro Area Gang Issues Board Workshops with Health, Environment and Land Management A. Solid Waste Management Issues B. East Metro Radio Communications Board Issues *********************************************************** Reminders: No Board Meeting September 29,1998 - 51b Tuesday October 6,1998 Board Meeting Scheduled for 9:00 a.m. MEETING NOTICES Time 5:30 p.m. 7:00 p.m. 7:30 p.m. 9:00 a.m. 10:30 a.m. 5:00 p.m. 7:30 a.m. 12:30 p.m. 6:30 p.m. 7:00 p.m. 2:00 p.m. Date September 22 September 22 September 22 September 23 tember 23 tember 23 tember 24 ptember 24 September 28 September 28 September 30 Committee Public Health Advisory Planning Advisory Committee Discuss Recently Completed Hardwood Creek Mosquito Control Executive Conunittee SolicfWaste M~t. Coordinating Board Red Rock Comdor Commuter Rail Conununity Corrections Metro TAB Library Board Public Forum - Andersen Corp. Tax Reduction Resource Recovery Project Location Washington County Government Center Washington County Government Center Rice Lake Park BuIlding - Hugo 2099 University Ave. W. - St. Paul 2099 University Ave. W. - St. Paul Cottage Grove City Hall Washin~ton County Government Center 230 E 5 Street - Mears Park Centre - St. Paul 1010 Heron Ave. N. - Oakdale 294 N. 3rd Street - Bayport 1670 Beam Ave. - Maplewood Assistive listening devices are available for use in the Count~ Board Room If 'Lou need assistance due to disability or la(lfluage barrier. please call 430-6000 (TOO 439-32201 EUUAL EMPLOYMENT OPPORTUNITY I AFFIHMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 22,1998 . The following items are presented for Board approvaVadoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of nominations for the Association of Minnesota Counties (AMC) Outstanding Service Award and County Achievement Award. Assessor B. Approval to raise the assessment service charges that are contracted to the Washington County Assessor's Department (1999 rates). Auditor- Treasurer C. Approval of abatement applications for homestead classification. D. Approval of resolution authorizing the repurchase of tax forfeited property on a 10 year installment plan by Duane and Charlotte Olson. Health, Environment and Land Management E. Approval and authorization to purchase a reach truck/forklift for the Household Hazardous Waste Facility and approval to amend the 1998 budget. Human Resources F. Approval to renew service agreement with Frank Madden & Associates for labor relations consultant services through September 30, 1999. Public Works G. Approval to amend agreement No. 1 to Contract No. PWR-1997-275 with the City of Woodbury for reimbursement of engineering design services on C. 19 improvement project. H. Approval of resolution for the CSAH 3 (Olinda Trail) road construction to the lowest responsible bidder, Dresel Contracting, Inc., in the amount of $4,564,617.13 conditioned upon the execution of a contract as approved by law. Sheriff I. Approval to accept a gift of fatal vision goggles from the Local Chapter of the Aid Association for Lutherans via Roger and Vicki Linnell. *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. . . . AGENDA BROWN'S CREEK WATERSHED DISTRICT Sept. 14. 1998 1. Call to Order @ 6:30 PM 2. Approval of prior meeting minutes (Michels) 3_ Treasurer's Report (Gordon) 4. Public Hearing on 1999 BCWO Budget @ 6:45 PM 5. H & H Status Report, Preliminary Results Presentation (E & 0) @ 7: 15 PM 6. LCMR Status Report (E & 0) @ 8:00 PM, approximately 7. FOR Status Report (Doneux) 8_ Buyout parameters per FOR 9. Status Report ofTAC an(lRutes Preparation:tKilberg) 10. Selection 'of Consulting Engineering Support (All) A. Criteria B. Request for Proposal. Development C- Selection and- Review Procedures 11. Communications to and from" board A. Washington.County.Commissioners.presentation B. Other jurisdictions C. Wal.erGovemance report"(Michels) 12. Old business 13. New Business 14. Adjournment Approved I . Minutes of Meeting Brown's Creek Watershed District August 10, 1998 In Attendance: BCWD Board of Manaqers Craig Leiser Dan Potter Karen Kilberg Others Marc Doneux, SWCD Louis Smith of Smith Parker, BCWD Legal Counsel Brett Emmons and Tony DeMars of Emmons & Olivier Resources Peter Schwarz, County Messenger Paul Nelson, Montgomery Watson Stuart Grubb, CAC Jason Moeckel, MNDNR Matt Moore, BWSR, Phil Belfiori, BWSR Page Weed, Grant Township City Council Roy Torelle, Brett Hartman, Vicki Hartman, and Bill Mey, citizens Kim Reeves, Recording Secretary 1. Presentation by BWSR, Matt Moore and Phil Belfiori 2. Share information - Craig Leiser: . . Presentation to LCMR Committee - favorable, funded Horizontal Water Infusion and Drain Tile Project. . Proposal for FDR (Flood Damage Relief) was given approval by the DNR. 3. Business meeting called to order at 7:35 p.m. 4. Approval of Minutes from 7/27 meeting - A motion that the minutes, as submitted, be approved was made by Karen Kilberg and seconded by Dan Potter. The motion was approved 3/0 (in the absence of Jon Michels and Ned Gordon ). 5. A motion to authorize Emmons and Olivier to proceed with result number one from the LCMR, by October 1, was made by Karen Kilberg and seconded by Dan Potter. The motion was approved 3/0 (in the absence of Ned Gordon and Jon Michels). . A motion to approve signature of approval was made by Dan Potter and seconded by Karen Kilberg. The motion was approved 3/0 (in the . absence of Jon Michels and Ned Gordon). . . . 6. . A motion to authorize an additional $800 to the survey costs for Emmons and Olivier was made by Dan Potter and seconded by Karen Kilberg. The mo~ion was approved 3/0 (in the absence of Ned Gordon and Jon Michels ). FOR Status Report - Marc Doneux: . A motion to authorize Marc Doneux to obtain three quotes for an appraisal of the Rice property was made by Dan Potter and seconded' by Karen, Kilberg. The motion passed 3/0 (in the absence of Jon Michels and Ned Gordon). Joint Review with City of Stillwater - Marc Doneux: All parties concerned are ready for discussions to take place. Craig Leiser to attend, as well as a representative from the technical committee. Old Business - Craig Leiser: . CACrr AC membership for Stuart Grubb and Janine Thatcher is tabled until next meeting. . CIP Amendment review is tabled until next meeting. Adioumment - A motion to adjourn at 10:22 p.m. was made by Dan Potter and seconded by Karen Kilberg. The motion carried 3/0 (in the absence of Jon Michels and Ned Gordon). 7. 8. 9. Respectfully submitted by: -=r<~ ~o",~ Kim Reeves Recording Secretary Minutes of Meeting Brown's Creek Watershed District July 27, 1998 Approved I . In Attendance: BCWD Board of Managers Craig Leiser Ned Gordon Dan Potter Karen Kilberg Others Mark Doneux, SWCD Louis Smith of Smith Parker, BCWD Legal Counsel Brett Emmons, Tony DeMars, and Camilla Correll of Emmons & Olivier Resources Paul Nelson, Montgomery Watson Stuart Grubb, Citizen's Advisory Committee Kim Reeves, Recording Secretary 1. The meeting was called to order at 6:30 p.m. by Craig Leiser. 2. Presentation from 6:30 - 8:30 p.m. by DNR. Business meeting called to order at 8:45 p.m. by Craig Leiser. Minutes of June 22. 1998 meeting - A motion was made by Ned Gordon and seconded by Dan Potter that the minutes of the June 22 meeting, as amended, be approved. The motion passed 4/0 (Jon Michels absent). 5. Treasurer's Report - Ned Gordon: 3. 4. . A motion was made by Ned Gordon and seconded by Karen Kilberg that the list of bills, as submitted, be paid. The motion passed 4/0 (Jon Michels absent). . Ned Gordon presented the BCWD financial summary to the Board. 6. Discussion of FOR Submittal- Craig Leiser and Mark Doneux: The grant request has been submitted and is being reviewed, however, a final decision has not been made. 7. Discussion of LCMR ProDosal and Submittal- Craig Leiser and Mark Doneux: 8. . Committee presentation of the proposal to be made on July 28, 9:00 a.m. Review of TAG Meeting re Rules - Karen Kilberg: . First meeting has been held and second meeting scheduled. . . . . . . Proposal from Emmons and Olivier Resources to provide assistance with the Technical Advisory Committee: . . A motion to approve the work order, with the proviso that all work performed outside of T AC meetings be done only with prior Board approval, was made by Ned Gordon and seconded by Karen Kilberg. Passed 4/0 (Jon Michels absent). New Business - Mark Doneux: . Provided a memo to the Board regarding a letter from the DNR to the City of Stillwater in response to proposed new development. Craig Leiser to draft a letter to the city of Stillwater. 10. A motion to adjourn at 11:10 p.m. was made by Ned Gordon and seconded by Dan Potter. The motion carried 4/0 (Jon Michels absent). 9. Respectfully submitted by: ~~A-~OA;A_ Kim Reeves Recording Secretary Stillwater TOWDSIdp September 10, 1998 ~ Johnson . 7:30 p.m, BegtllAT Meettng ~jnuta:. Adopt ApproveMinutesAu~27, 1998 b--emla: T.....lll'el"s 1. Claims &: ctiecks Aaar.ev: I. Surney VarimK;e 2. Update Soeba .....88: 1. Enei-eer: 1. PubIU: Works: 1. Road Mileage Survey . ~ 1. MiSQeIIaneous .....i~ 11 t~~~ 1. PeoDIe -1:30 :01: 1. Karen Richtman - Wbme is ~ grant? (or before) ~ 1. ]rp Bu"'; 1. Note: Chris Keamey bas bedI hired by Grant City to do building inapectious . Claim Please . 9/5/98 PatB"BBtIi e e. ~. September 10, 1998 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Louise Bergeron, Jerry Hicks and David Francis. Also, Treasurer Warren Erickson, Attorney Tom Scott, Engineer Paul Pearson, Planner Meg McMonigal and Brian Wahl in (student observer). 1. AGENDA - M/S/P Bergeron/Francis moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Berge~on moved to approve both the 8/27/98 Stillwater Town Board Meeting minutes and the 8/27/98 minutes of the Sumey Variance Hearing as written. (5 ayes) 3 . ATTORNEY - 1. Regarding his past position with the township, Vic Socha was judged ineligible for unemployment pay by the Department of Economic Security. 5 . TREASURER - 1. Claims #2208 thru #2215 were approved for payment. 2. Warren Erickson spoke about the levy certification and how it must be filled out. 3. M/S/P Francis/Bergeron moved that the road and bridge budget be increased by $75,000.00 for future reserves to cover maintenance. This is subject to the approval of the attorney. (5 ayes) PLANNER - 1. Comprehensive Plan Draft - Meg McMonigal reviewed the draft with board members. Changes were noted. At their regular October meeting, the planning commission will discuss the results of the upcoming public hearing regarding the draft. 2. Tree Cuttinq - Little Carnelian Lake - The county is working on a solution to illegal tree cutting on the south side of Little Carnelian. 3. Riehle Minor Subdivision Request - Loon Lake - The owners will have to wait until the ordinance change is made before submitting their request. GRANT REQUEST - Karen Richtman was present to discuss the environmental assistance grant that has been misplaced by the office of Stillwater Town Board Meeting 9/10/98 Page Two Environmental Assistance. We are waiting to hear if it is found. In the meantime Karen has asked for an advance of money to get started with pl A as previously outl ined and a plan B in case the grant money is not forthcoming for the environment awareness activity day. M/S/P Untiedt/Bergeron moved to make a $500.00 advance payment from the $2,000.00 approved at the 1998 annual meeting to Karen Richtman for a written proposal of a plan A and a plan B. (4 ayes, Hicks nay) 7. ENGINEER - The 2 year warranty period for the overlayment on the southern portion of Arcola Trail is over. The overlayment looks good. 8. PUBLIC WORKS - 1. Loui se Bergeron will fill out the county request form for current miles of roads in the township. 2. Reported on work Mike Raleigh is doing. 3. Sent notices to residents on lOath Street (Arcola Heights Subdivision) who will be impacted for a short time by Raleigh's trucks. 9. OAK WILT - Steve Cook will be asked to coordinate with Kunde Company about residents who are contracted with Kunde for oak wilt follow-up review. 10. FUTURE AGENDAS: 1. Town Hall (9/24) 2. Stonebridge Trail (9/24) or (10/8) 3. Road Equipment Sale (9/24) 4. Comprehensive Plan (10/8) 11. ADJOURNMENT - Meeting ended at 10:44 p.m. .' Clerk Chairperson Approved . Stillwater Township September 24, 1998 ~. Chair: Johnson 7:30 p,m. Regular Meeting A2enda: Adopt Minutes: Approve Minutes September 10, 1998 Treasurer: 1. Reports 2. Claims & Checks 3, Increase budget Attorney: 1. Socha Matter 2. Sumey Variance Planner: 1. En2ineer: 1. Public Works: 1. Road Equipment Sale . 2, Stonebridge Trail Calming 3, Richtman Grant Clerk: 1. Miscellaneous Committees: I. People - 8:30 PM: I, Steve. Nelson Old Business: I. Town Hall New Business: 1. Note: \. a9/19/98 ~ ...... Pat Bantli o .... ~ STILLWATER TOWNSHIP PARK COMMITTEE MEETING September 14, 1998 Town Hall 7:00 P.M. PRESENT: Chairperson Rod Hunter, Committee Members Lee Ann Linn and Barbara Troolin. Also, Town Board Liaison Sheila-Marie Untiedt and Tony Anderson (National Park Service). 1. AGENDA - Adopted as written. 2. MINUTES - M/S/P Troolin/Linn moved to approve the 8/10/98 Stillwater Township Park Committee Meeting minutes as written. (3 ayes) 3. NATIONAL PARK SERVICE - PROPERTY ON ARCOLA TRAIL - Tony Anderson relayed the history of the National Park Service property. Originally a visitor's center was planned for the Foster property. When Mr. Anderson saw the property some years later he found it too steep and impractical for a center. People in the area were opposed to such a major operation and also a suggested parking lot. Problems at the high bridge perhaps influenced their attitude. Due to an overload of work elsewhere it became a burden for the National Park Service to take care of trails so it was decided to keep the area as a nature preserve. Local people make use of the area and the .and appears to be in good shape. The meadow area is marshy and should not e exposed to great use. Mr. Anderson expressed that the Federal Park Service would consider a reasonable proposal for working with the township for developing a minimal use trail and parking a distance away from the area. 4. FAIRY FALLS - It was briefly mentioned that the Fairy Falls area needs to be preserved but consideration given to not encouraging the masses to go there because of dangerous drop-offs. 5. NICANNA HILLS CONSERVANCY - A Carnelian/Marine Watershed representative approached the township about the Nicanna Hills Conservancy Area. They would 1 ike to see it under private control to preserve it. Sheila-Marie Untiedt will see if the watershed can spend its funds for scenic easements. 6 . COMPREHENSIVE PLAN - 1. The trails should be listed the same a,s the parks. 2. The park plan will be an element of the comprehensive plan. 3. Specific guide lines for active parks should be listed for lighting and acreage. MEETING CHANGE - The next park meeting will be held on October 19th due the Columbus Day holiday on the 12th. YEAR-END REVIEW - Requested that the Director of Parks do a year end 7 . eto 8 . Stillwater Township Park Committee Meeting - 9/14/98 Page Two review of maintenance on parks and trails for 1998. 9. ADJOURNMENT - M/S/P Trool in/Linn moved to adjourn the meeting at 8:40 p.m. (3 ayes) Submitted by: Pat Bantli Acting Park Committee Clerk . . . . . . SEP 16 '38 12:18 FROM C~B CORP ADMIN .. ~ I ~.. o a. 8 I ~ TO 94308809 PR3E.001/001 ON TUESDAY OCT 27 AT 7:00PM The Stillwater Human Rights Commission Invites You to Attend - ~ ~' A DISCUSSION OF ACCESSmlLITY ISSUES THAT AFFECT THE CITY OF STILLWATER PLEASE JOIN US ON TUESDAY ocr 27 AT 7:00 PM .- AT COURAGE STeROlX, 1460 CURVE CREST BLVD Our guest speaker will be Paula Mariucci Harter, President of Accessible Environments, Inc. Paula takes a business approach to helping businesses become more accessible to . people with disabilities. In her words, " If businesses are not accessible to people with disabilities" they are turning away a potential customer base that is over 19 % Of the population". She has most recently taught a class on the Americans With Disabilities Act (ADA), the Minnesota Accessibility Code and the Fair Housing Act at the University of St Thomas. She will give an overview of ADA and the Mn Accessibility Code. An open discussion will follow. Please mark your calendars for this important event. RSVP by Oct 19 to Mary Perocesdli 439-4470 ~r Anoette Tryon at 439~2024 ** TOTR~ PAGE.eal ** . . . 5EP 18 '98 02;21PM LEAGUE OF MN CITIES LMC L.o,.. 0/ Mm..... Ot;_ On. prtHI'IDHn" """"""'- P,l FRIDAyFAX A weekfy legislative update from the League 01 Minnesota Cities Vol. 3, No. 21 september 18, 1998 LMC Policy Committees complete work The League's Policy Committees completed their policy drafting work this week with one excep.- tion-a transportation funding policy. The existing League policy on transportation funding called for an increase in the gas tax, as well as flexibility in how gas tax rev- enues can be used. Although most cities agree transportation needs across the state exceed available funds, the issue of flexibility in the use of gas tax and automobile license fees is more controversial. The state constitution requires the gas tax and license tab revenues be used to fund highways and streets. The gas tax and the automobile license tab revenues are deposited in the Highway User Fund, which is distributed to the state, counties, and to cities over 5,000 population. The distributions to counties and cities over 5,000 population are made through separate needs-based formulas. Some cities believe the constitu- tional provision to spend revenue gas tax on highways is constrain- ing. They believe that flexibility in the use of the gas tax or other revenue sources would lead to more efficient and effective public transportation outcomes. They also believe overall funding for transportation and transit is inad- equate. Other communities are concerned the Highway User Fund is not meeting the current needs across the state and, if the use of High- way User Fund revenues is ex- panded to include non-highWay uses, highway projects-especially those outside the metro area- could be further delayed or can- oeled altogether. The League Board, acting on a motion from the Local Economies Policy Committee, established a subcommittee on transportation funding. The committee will include Minneapolis Councilmember Joan Campbell, Fergus Falls Administra- tor Jim Nitchals, Rochester Councilmember Marcia Marcoux, Mankato Councilmember Kathleen Sheran, Rosemount Council- member Kevin Carroll, and Falcon Heights Administrator Sue Hoyt. The committee will consider the needs of League members and develoP a balanced policy that acknowledges these needs. New l6$ues-New Policies: During this year's process, the policy committees considered many new and emerging issues ranging from electronic commerce to railroad regulation and electric energy restructuring. The commit- tee policy drafts include new proposed policies on these issues as well as drafts opposing the extension of limited market value, supporting tort immunity from year 2000 litigation, and opposing a mandatory statewide building code. In all, the committees are proposing more than 70 policies, many of which have been substan- tially updated or are new policies. Next Steps: Legislative Commit- tee, Policy Adoption and Bills, BlIIs, Bills The legislative Committee, which includes the chairs of the league's policy committees and the members of the League's Board of Directors, will meet on Thursday, Oct.15 to review the committee recommendations. The Legislative Committee will then forward the policies to the full membership for adoption at the Policy Adoption Conference on Nov. 20. Each member city will receive a copy of the proposed policies approximately two weeks before the Policy Adoption Confer- ence. One other important date: the 1999 legislative session begins Jan. 5. Until then, the League's staff will be busy preparing draft legislation on the adopted League policies. Your involvement during the legislative session will be instrumental in making the League's policies become new laws. Fo,. mq,. ifljorlNJJioll on city ltgi8loli1lt isSUIS, CIJ"IaCt tmy m,mb,r oftA, uagu, 0/ Mi4IUsotrJ Citi,slnnrgoJ>ef'R"",,/(l1 R,lidiORfI 1(10111. SEP-18-l998 15:50 CITY OF OPH ?01/01 .:00 7:05 7:15 7:15 IV. -~ v. CI1Y OF OAK PARK HEIGHTS CITY COu'NCIL MEETING AGENDA TUESDAY, SEPTEMBER 22, 1998 1 :00 P.M. AGENDA I. Call To Order/Approval of Agenda II. Department/Council TjaiRon Reports A. Parks B. Cable c. Water Management Organizations D. Recycling Award (1) E. Bridge Report F. Planning Commission G. Council Committee Updates III. Visitors This is an opportunity fcr tlu: public to address thl! Council with questions Or concerns On issues not pari 0/ the agenda. (Please limit comment$ to 3 minutJ!$ in II1'f1gth) Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes - September 8, 1998 (2) C. Approving hiring of Lisa Schlellsner a$ Administrative Secretary/Personnel T ecbnician/Deputy Clerk (3) D. Approve security system additions (4) E. Authorize legal opinion regarding Perro Creek F. Cable Benefit Agreement (5) G. AuthorizaHon of outdoor warning s)'stem (6) Public HcaringslOfB<jAI Busines~ (Roll Call Vote) A. Sale of Bonds (7), (8) B. Awa~d of 58th Street bids (9) C. Award of 60th Sb:eet pathway bids (10) D. Awa.:J:'d of Kern Center hids (11) E. Developm.ent/&llessment llgl'eement for Valley Senior Services (12) 7 :50 VI. New Business A. Planning Commission tecommendaHons 1. Stillwater Ana High School Greenhouse (13) 2. Fence Variance for Oak Pa.rk Heights City Hall (14) 3. Kern Center rezoning from O-Open Space to B/W-Business/Warehouse (15) 4. Lower Oak Park Heights rezoning horn R-2, Low and Medium (16) 8:05 VII, Qld Busine~ A. Receive water supply and distribution plan and adopt preliminary plan (17) B. Approve Joint Powers Agreement for Cable Commission (18) C. Burger Kin~ Revisions (19) D, Approval of solid waste contract specifications and auehori:zing for proposol (20} 8:35 VIII. Adjournment: . Social gathering at Applebee's restaurant a/tl:r adjournment of Council meeting_ TOTAL F.Ol