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HomeMy WebLinkAbout1998-12-08 CC Packet Special Meeting . . . SPECIAL MEETING NOTICE AGENDA CITY OF STILL WATER CITY COUNCIL MEETING NO. 98-30 Council Chambers, 216 North Fourth Street December 8, 1998 SPECIAL MEETING 4:30 P.M. CALL TO ORDER ROLL CALL 1. Consideration of license for fuel tank installation by Stillwater Yacht Club 2. Consideration of Fire Relief Association pension plan approval 3. Other business ADJOURNMENT Possible adjournment to executive session to discuss pending litigation , ,) ... . . . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Dire6tor r Plans for Mulberry Point Improvements as Replacement Gas Tank December 7, 1998 Since adoption in 1992, the Lowell Park Renovation Plan has been used to guide the design and reconstruction of the Lowell Park wall and related improvements. Phase I reconstruction began in 1997 and will continue to 2000, Phase II. As you may recall, the City received a $200,000 Outdoor Recreation Grant in 1990 to purchase Mulberry Point. This year the City will make application for a $250,000 state grant to assist with Mulberry Point improvements. A copy ofthe Lowell ParklMulberryPoint plan is attached (Map 1). A second graphic overlays the turn around/performance area plans on the Phase II Levee Wall construction map (Map 2). As can be seen, the turn around is close to the patio in front of the restaurant/night club. Specific plans should be prepared to show how the levee wall, park improvements and front area of the restaurant can work together. Since the adoption ofthe Lowell Park Plan, the City has purchased land adjacent to Mulberry Point (Map 3). Improvement plans for the recently purchased area should address parking lot and pedestrian access improvements to accommodate both park and business use. This parking can help replace spaces lost for reclamation of Mulberry Point. The replacement tank location and/or sale ofland could effect the use of the northern portion of Mulberry Point for park use. Also, staff would have to review requirements for the sale ofland purchases with state park funds besides charter requirements. In order to deal with the detail design issues raised above and to coordinate Mulberry Point development with levee wall construction, it is recommended the Council consider continuing the tank location decision until'detail plans are prepared for the wall construction, pedestrian pathway, turn around/performance area, Mulberry Street extension and parking lot improvements. These plans could be prepared within 90 days. With this information, Council and Staff can evaluate the impact of the tank location or sale of land on Mulberry Point improvements. . , , , !j :l ", 't ;.. . , i.1 ~. . ~: i ~;.'~ '~.11 :\1 . .; . :.;1 ii.A.< 1t1/11' / LoWBLL PARK RENOVATION - CITY OF Sl1LLWATI!R :<.1 r.,: " .':' I il ~ J I ~ , fllllstrative Site Plan of tire MIIlberry Point Performance Area . 24 '1/\ qf 14'"4 c..Jt~<'- rLr.;!IE '" ........ , ~~ o E F , l . /Vl~';J.. / .... lit >- a: a: .., m oJ ::> ~ I.WEEN 10 CURB ..--..,- WL.~.J~: r.--!.--'="-~ ---==--- .~-==:;:..-=..~ /~ ~ : J J;, . ..... i I'!"_ - T~l.t:'i.(''' "';'j:....,, ---___ ~ ":->~~ (,li!l . q' , . t' 't ._~ : \:-~ ...S-,,-""--------!.::::~~-~~ \ IC~~, / \ / I / ~;:;M' Ij~r \. ---" ~;:J9~~ S~ ( \9; ! ; -- ! ~ t..: ...... -G., ~ '\ //' 0"""1::. -'V,,,,,---::::::::-::,::--.>'- -.... \ 1;;;/ / ! ;' v....... r',,~ .. / .. "'~~l_ --" ,\." .. ~.. / . 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AREAS SlW.' _lOOT 23571 PRI~ TO PAVING OPERATIONS. SIT'*' EXISTING TOPOClUptnC AHlI ElEVATION 1tf'0IlIIJ. T DRAWINC IS INCORRECT. THE SITE COIClITIONS Will BI " " '. g ~ ;;1 I :J:, ----i~50..7SOO i REFERENCES: II SECTIONS AND DETAilS 21 BORING lECEHO AND BOIliNG lOGS 3/ SORINe lOGS ~I BOIlINe lacs 51 PlAN .. PROFilE STA 2~+TO TO 31+92 .=::::::::::::: DOCK TAIL UI.lINOUS CURB SY\l8Ol DESCRIPTION ..=sat I ST. - _I~ .u: APPIlOYINC ~FICIAl. CONT STILLWATER FLOC BEACH EROS ION C DESIQED. JTD STILLWATER ! ClifCXEIr. STILLWATER FLOOD At .... 5 .. OA".~: IrolAW/ACH ! DESIC><EIr. CRADINC PLAN AND NOI ~ ()-i(eKED: CAC ru.E NAME; XSCPP909.0CN! DATt: 9/26/9 , SPEC NO, i /?t~ p, ~ ~/. !<~,~ . " .~ I '~i"p..t.'P. ~w&.~~. N. MAtH,' C 'r ~; t/l -== ~ ...-.::....'(. <.>0 1\ Co....'\. --l """:.~~ ~ ~,t' ... ~ \. ~ O'O<\Jc:l ., ~\. > \11. ~ ;~~~ 0-, ~.- s...~ - u'" - .. -~ ::> ., ~.... /Yl Ap ~ .-. -0' ~ 1:11 y:A..#J<1I11 - .A. . N. WA"~P.. . -- -: ." ~ :. ~.~.:~ i.... ~ .- -'-.... ~ ="" ':.. '00 :~-:~J:--'- ~ -...." .~-: "'l4.A ~ -- -- - - \ \ \ .\ , .\ ....1 ..... ... ~ : \ v..- ~~ . . . ~..... EXHIBIT"A" rnE BURLINGTON NORTIlERNAND SANTA FE RAILWAY COMPANY r:::::I ....0) OJ :>-W +-0 G::l _ -- - \ -<.ii"'~--l-- ~~ \ of- ~q, ~.. \ ~-~~ . \ Qo, -'Q ....() - 11) If') '<l \ \ t\J -r; . .,' ~ ~-'i\ .""'" \ -.a -<:: F-) ~~ INDICATES SALE AREA CONTAINING ACRES +/- ITY ..sf,')/lPcvfe-r t ,I 1IA I CALE ;;:.!:? ORRlDOR Abr-TA ern COUNTY ~.s k ;lII'lh:,? STATE d n 1'\ . <oJ DATE 5... ~ ?-J1AFDM L i r, s. S DIVISION m: n " <Z. ,'c:7 J-tL-' ~ iRANTEE \ I \ \ . c(\ URPOSE RA WING NO. , , I . . - " --- 10' . .. .,.r---!- . -L5t..~.t tcapWISIP'. : - '~--.:: W~orc. ~t;gt: \. ._--r-- . J4- -..Ii1~. _ "7 ..... ..-...........- . . . . ...--...., -_..:..-._-~. '- ....:... ~...:.. .. i o. f o. : . ..... . : -. .. ... ,..i .: -;. ... cr o 411 ...s: an::. .... 0.- ut 1:L.<l ~~. Zw - . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Fm:1:tank installation by Stillwater Yacht Club DA: December 4, 1998 Discussion: Pursuant to Council direction staff have been working with the Stillwater Yacht Club to work out a solution to the fuel tank installation problem. Council will recall that the Yacht Club had removed two tanks that were located on city property and they now wish to place a 10,000 gallon tank in the same location. . It appears that the tanks were placed in the ground about 35 - 40 years ago when the property was owned by the RR (and leased to the City). The City purchased the property about 4-5 years ago and has been leasing the property to the Yacht Club since that time. However, the City has not charged any lease fees for the past two years because of the unusually high water in 1997 and the levee project work in 1998. The issue before the Council is whether or not the City should allow theY acht Club to put a tank on city property without a license or an agreement of some kind (or without some monetary consideration as well). In any event the City Attorney Magnuson has prepared a license agreement for your consideration. The agreement has been given to the Yacht Club for their review and consideration. The agreement should take care of the liability and indemnification, and hold harmless issues if the Council agrees to allow the placement of the tank in city property. I have suggested to the Yacht Club that some consideration should be given to purchasing the property. I believe a 50x100+ strip ofland could be split off from the city property and sold to the Yacht Club. This might resolve future issues related to property ownership and should protect the City further in the event an environmental problem develops because of the tank. I do not believe the parcel of land that would be sold would dramatically impact on the City's development plans for Lowell Park, either. However, Steve should review this matter to determine if there are any adverse impacts. . If the City were to sell the property to the Yacht Club a lengthy notification and hearing process would have to be followed per Article 16.01 ofthe City Charter. It would take about 60 to 90 days to complete the process as required by the Charter. A possibility exists that a petition could be received to require a vote on this issue. This matter can be discussed further at the meeting Tuesday afternoon. Recommendation: Council consider granting of a licence or the sale of property to Stillwater Yacht Club for installation of fuel tank. 1f.;u . . . MAGNUSON LAW OFFICE 6124395641 p.a2 l\1AGNUSON'LAWFIRM -..---..,..--.....---...-. r.rC[;NS~;D IN MINNESQI'A ;\NI) WlSCONS1N . '1'Hll Ol';~(" (WrlC:f: BU1UlIN(; YL1 NOI\"rt1 MAiN 5T~HT . SUITt: #~02 . ~.O. 130>: 4J~ . S'l"II.I.W.yr',Il. M~ 5~O~:;: TI!l.r.?lJ()N~: ~()51 J 439-9464 . 1'HIYC;QrIL;!~: \(,~ 1) 4YJ-5/i41 I),wm T. MACNUSON RICIlARIJ O. AI,I,t;N December 3, 1998 Julianne M. Fiedler, Esquire 1313 Fifth Street, S.E., Suite 326 Minneapolis, MN 55414 Dear Julie: . Enclosed is a License Agreement that City Staff could live with. We. will of course need legal descriptions of both Parcels and to arrive at an Annual License Fee. As we talked about earlier, I don't think it is out of the question that the Yacht. Club ~k to purchase this property from the City. We have a recent sale right acrossth~raHroad ti-acks'wher~:tb~ City paid six dollars and sixty-seven cents ($6.67) per square Joot; and pcrbaps the,ParQe1' you Qeed could be purchased at a lesser amount because of obvious enc\lmbx:an~es:' Now Nile Kriesel thinks this would be the best solution, although it would hwolve theCitycOnducting:hearings Wlder the City Charter to dispose of this river property. Fifty-feet'southofyourbuUdtrig would obviously be enough to maintain a tank site a.'ld the yard space; at any rate, ple~e get back to. me with your reactions. I believe the City Council is expecting to. meet next Tuesda)' aftetli()on, but we should be on the same page before that tim.e,' . Yours very truly; ~tl, . O:;vid T. J::n. Stillwater City Attorney DTMltm . MAGNUSON LAW OFFICE 6124395641 LICENSE AGREEMENT THIS LICENSE p.GREEMENT (lfA9reement") is made as of this 8th day Of December 1998, by and between the city of Stillwater, a municipal corporation ("Owner"), and Stillwater Yacht Club, a Minnesota corporation ("Licensee"). The following recitals of fact are a materiaL part of this Agre'<?ment. A. Owner is the owner of that certain parcel of land in the City of Stillwater, County of Washington and State of Minnesota, legally described in Exhibit A attach~d herreto an~<by this reference made a part hereof (hereinafterrefe~r~d to a~ "The Premises") . B. Licensee is, the owner of that certain paJ:~c;el of land in the City of Stillwater, County of Washirigtonand Si~te of Minnesota, lying North of and adjoining the. premises~ le~al1y described in Exhibit B attached hereto and by~liisre;f.erence made a part hereof (hereinafter referred to as "AdjOiriirig Parcel") . C. Licensee desires to construct a andmaint~~n patio and underground gas tank on The Premises and, 'to utili,ze premises for access to the adjoining parcel. ' . NOW, THEREFORE, 1n consideration af ~h~ foreqoing~the mutual agreement of the parties h~reto an~ other~oo~ and valuable consideration, the receipt and sufficiencY ~f which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of License. Owner hereby grants to Licensee, its employees, agent.s, contractors andsubcofltractors,'a nOQ- exclusive license to utilize the premises for ing!8SS and egress by motor vehicle and pedestrian traffic' toand,tiom the adjoining parcel, for the maintenance of a patiq, and for'th.Ei construction a:1d maintenance of an ur:derground gasoline tank, all upon pa)'rnent in advance, by the Licensee of an Annual Lidens~FQe in the amount of 2. Term of License. The License granted her.eunder will comInence on the dat.e hereof and shaLl,. terminate upon the earlier of (al abandonment of the Licensee's Marina build~ng on the adjacent parcel, (b) failure of 11censee to pay~nannual License Fee within thirty (30) days of the fee being due... 3. No Warranty. Owner makes no covenant; representat.ion, or 1 p.e2 . . . . . . MAGNUSON LAW OFFICE 6124395641 P.03 warranty as to the suitability of the ~remi5's foranypu=pose whatsoever or as to the physical condition. of the Premises. Licensee acknowledges that portions of the .Pr~mis_i w~re, or may have been, used for marina operation! and for stQr~ge of products and-by-products from those operations, ~om~ of whi~h may be toxic or hazardous substances. As a result of .such use,:;; and activitJ.es, physical and other changes may have occl\rred intne Premises, including, without limitation, .the d~poaition of ~olid and hazardou~ wastes and hazardous substances, including but not limited to (gasoline and polyfloral hydrocarbons) .Lic~nsee acknowledges having inspected the Premis~s, ha~~ng~observed its physical characteristics and existing conditionslandhaving had the opportunity to conduct such. investig.atiQn and study on and of said Property as it deems necess~ry, atid hetety ~ai~~~~ny and all objections to or complaints about phtsical c.h.:lr~cteristics and existing conditions, including, with6utlimitatlon;sub- surface conditions and solid and hazardo~s wa~te3 ~pd.hazardou3 substances on, under or 1;'elated to. the Premises. .Lice.nsee further acknowledges and agrees that the Premises is to beacceptE;.d by Licensee in its present condition, Uas is," ancI O!'iner.hereby assumes the risk that adverse physical charact~ii6tic. and existing conditions may not have been revealed by .its investigation. . . 4. Indemnity. Licensee hereby assumes and cov$nants to undertake and discharge all liabiliti~sof O\-Iner or License arising from (a) any condition whi~::h. nowex.ists or may hereafter be found to exist in, or, or under ci~ .abol,.lt theprQperty, or (0) a determination that the Property or any p(jrtionthef6of violates d.ny appliCable environmental or health or safety ta~J, . ordinance, regulation or ruling, or (e) the presence, use, ,ger~..retiQn, ~torage, release, threatened 1;'61e8$e,: 0:1: containment, .treatment, or disposal of any hazardous or toxio ~ubstance&6i-materials. Such liabilities include without. lim.itation any losses, expenses or damages arising from any matters reletingto'thE:existence of "hazardous substances," I'hazardous wast~s" or "toxoic chemicals" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 (]~$;C. S 96C1 et seq" or the Resource Conservation and Ltabilit~ Act, 42 D.S.C. S6906 et seq., or similar state enviionmentalla~~ ~r ~~bsequent feder~,l or state legislation of a similar nature.wh.lch may be enacted from time to time, License.e Bhall indemn;i.fy. and hQld Owner harmless from and against any andal) d~ma~e, oost, loss, liability and expense which may be incurrect .by OWI):e.r. by reason of, resulting from, in connection wi thQr a.d $ihgin any manner whClt:soeve.r from any breach of. the covenant of Lic:ensee. contained in this paragraph. 2 MAGNUSON LAW OFFICE 6124395641 P.04 5. Release. Licensee hereby waives, releases, acquits and . forever di scharge& O_mer , its officers, director~ ,contractors, employee;:! and agents and other persons acting on .behalf of Owner of and from any and all claims, actions, causes ?~ action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or 0hk~own~fores~en or unforeseen, which Licensee now has or whichrnay arise in the future on account of or growing out of or in connection with any physical characteristic or existing conditic.1!1 inr.;li:lding, without limitation, sub-surface conditi~n5~ solid and haza~do~s wastes, toxic chemicals and hazardous substances on, under; Or related to the property, or any law or regulation applicable ther~to. Owner'5 obligations under this section ~onQt include any losses, expenseB or damages arising froIT\ any matte'ts .re~ating to the existence of "hazardous substances"Oi:. ;'hcq:iiirqo.u.~ w.a~tes" as defined in the Comprehensive Environmental Respon.$.e, Compensation and Liability Act, as amended, 42 U.S.C.s ~~Olet seq., or the F.esource Conservation and Recovery Act, a$ 81\1E1!nded, 42 D.S.C. ~ 690l et seq., or similar state environmental law~c:>r subsequent federal. or .state legislation of a simi.Lar nature .Wl1ich may be enacted from time to time, all of the f~rego1ng being Licensee's sole responsibility. L1censee shall fulJ,y ,indernnifYOwner from and against any loss, cost, expenses or liability, including attorneys' tees arising from any of thefcregoing matters. 6. Remed.ial Actio.n~. (a)Llcensee will irrunediately report to t;heMinnesota Pollution Control Agency any release or thr~ateried release of any hazardous waste or hazardous substances. Licen~ee'~hall, within thirty (30) days of the date of the ~eporti sub~it:a work plan to the MPCA for any necessary additional inve5tig~E~onand remediation of soil and groundwater contamination on the Premises, which plan will be satisfactory t6 dwner.Within thirty (30) days of approval of the work plan by the Ml?Ckl.j . Licensee shall implement the approved work pian and there,af.ter, wi thin a reasonable period of time complete the wQikplal1,.i.nc~uding any additional investigation and remedia~ion of soil?nd.groundwater contamination on the Property to the.satlsfactionqf, the MPCA and the Ovmer and in compliance with Envirorlme.htalLa.ws; All of the actions described in this paragr~ph shall be . p~~formed by contractors licensed in accordance wi th 'Envirbnnl.:ent~l Laws. The te~m "Environmental Laws" means all applicable federal, state, local or other statutes, laws, ordinartce~r r~les,i~d regulations which relate to or deal with human health or the ~~vironment, all as the same may be amended from time to'time. 3 . . MAGNUSON LAW OFFICE 6124395641 P.B5 . (b) In the event Licensee fails.to unde.rtake the actions described above on or before the dates $etfo.tth in this Agreement, Owner will have the right, Sut not th~ obligation, to undertake soil and groundwater inv€>stigation C'lI)d. rl$'rnediation and to be reimbursed from the Escrowed Funds descrlpedbelow. In the event that the Escrowed Funds az:e insufficientto.reimburse Owner, Licensee shall reimburse Owner for the amount of any deficiency, together with inte~est thereon from t~~dat* of disbursement by Buyer until the date qf collection. ..from Seller &, t the rate of 2% over the prime rate of interest arino~riced from time to time by First Star Bank, ~~A.per annum~Byuse of the Escrowed Funds, Owner will not become a responsiblepet9on with respect ~o such contamination; an~ the u~e.ofthe.Es6tow by Owner will not relieve Licensee of its liability for all costs, di.rect and indirect, present and future, incurred by. Qwner re19ting to contamination of the soil or groundw~ter. 7. Escrow. Upon this License to the Premise.'s, the sum of Ten Thousand Dollars ($10,000.001 shall be depo~i~.dirito an escrow account to be held by Owner. . Escrow Account will be used by the .Owner to. dti~burse funds In accordance with the terms hereof. EscroWJ\gerit w.illincur no liability in connection herewith,ex~ept ~6r.any n~gligent or v-lillful failure to comply with the t.ermscf th~5Ag.reement. 8. Return of the Premises. ,tI,t the term,inatibn. .of Licensee's licen(:;f~, Licensee will repair and restox€. thePre~ises to the same condition as it was at the time of the ~xecutibri of this Agreement. At Owner I s request, aLl te~por.a:r;y 0-00 p~rmanent improvements, f:,ll::nishings, tanks, or eql.liprrtent pl~cedupon the Premises by Licensee or Licensee' sagents fell'l\plc>ye~~ or . contractors, will be removed by Licen~ee .at its.~Q),~ cost and expense prior to the termination of Licen~eers.iicense.lf Licensee fails to remove :same" then Owner may remoYe the. imprOVements, furnishings or equipmenfarid.Licensee 1:.hall pay the cost of any such removal, together with inteX:6sttflere.on at the rate set forth in Paragraph 6 (b) hereof frQmanql'afterthe date of such demand until receipt of full payment therefor any sums unpaid by Licensee ten (10) days aftar notice ~ay be drawn by the Owner from the Escrow established hereunder. 9. Maintenance of p;:emises. During the term qfthis license, L1censee must maintain the Prem..ises.ingood condi:ti9nand repair (including, without limitation, removal. of. snow and ice . 4 MAGNUSON LAW OFFICE 6124395641 p.e6 ~ therefrom) a 1: its scle cost and expense. Licf':'nsee 5hdll have scle . responsibility for the condition and use of the Premises and compliance with all applicable laws, stetute~, ordinances, cedes, rules, regulations, orders and decrees. 10. Reservat.ion c[ Rights. This agreement ~J.l1 not be construed as a waiver of any legal or equitable right of any party in the pendin9 litigation being pursued oythe parties in Wa5hington County District Court, File No.:82-C7-9S-002472. 11. No Transfer by Licensee. Licen~ee may not transfer any cf its rights hereunder without the prior written consent of Owner. Any assignment made without the pri6r written cohsent of Owner will be null and void and of ria force 0= effect and will entitle Owner to terminate th~s Agreement. 12. Insurance. Licensee, at its sole cost and expense, shall purchas€ and keep ~n full force and effect du.t'ingthe term :,eH:1Of: (a) COITu"ne.r:-cial General Public 'Liabi 11 ty I1)S Llrance (including, but not limited to, contractual liability insurance covering! without limitation, Licenseer~ inde~ntfi6~tion obligations hereunder) in an amount not less than Two Million Dollars 1$2,000,000.00) per occurrerice whe~~er invol~ing bodily injury liability (or death resulting th~refrom) br property damage. (0) Workersl Compensation Insurance and Employer's Liability Ilisurance with limits of not less thaliJ:"equired by State Law in respect of bodily injury,:sickness,'disea~e or death of any person resulting from any orieoccurrenca ~nd B5required by ar:y employee benefits acts or other app:l.icable s ta tutes. Licensee, within ten days fOllowing the date hereot, shall deposit ~<1i th Owner originalir.surance policies0videncing the foregoing coverage, together with satis~actoty e~idehce of paymen~ of the premiums thereon. All such insurance shall name the Owner as additional insured. 13. Nc Liens. Licensee shall not permit any lien to be filed agains~ the Premises or any improvements thereon. for any labor or materials in connection with work of any c~arac~e~ performed or claimed to have been performed on the PJ::em"ise~ at the direction or sufferance of Licensee. In the event any lien is filed against thePfemises or any improvements thereon, Owner will have the right, but not the c -' . . MAGNUSON LAW OFFICE 6124395641 P.07 . obligation, to cause such lien to be released and Li,censee must pay on demand all of Owner's costs in connection ther,with, together with legal interest thereon aGcruing fro.rn'and after the date of such demand until Owner's receip~ of full payment therefor. 14. Erea ch by Licensee. If Licensee breaches, any provision in this Agreement and fails to cure any breaQh within thirty days after written notice thereof, in addition to any other-right or remedy available at law 0:: in equity, Owner will,t).av.e the right, but not the obligation, to cure any breach and Licensee 59rees to reimburse Owner for the cost thereof upon demaqd, ,together wi th legal interest accruing thereon after the dat~ot Q~nei's demand therefor until Owner's receipt of full payment the~efor, ano to terminate this agreement. . 15. Notices. All notices and other C6mmuni~ations given pursuant to this Agreement shall be in writing atiq$tall.be deemed properly served if delivered in per5cm totne party to whom it is addressed or on the third day after .depQsi tin the U.S. Mail as registered or certified mail, return'receipt requested, postage prepaid, as follows: . I f to 01...;ner: Nile Kriesel City Coordinator Stillwater City Hall 214 North ,Fourth Street Stillwater, Minnesota 55082 6 . MAGNUSON LAW OFFICE 6124395641 !N WITNESS WHEREO~, the parties hBre~o have executed this Aqreement as of the day dnd 'iI-Jar first abo';e wti tt.en. -, OWNER; ,'1 corpora'tion By: Its LICENSEE: a ___'___'_0 corporation By: Its P.etS . . . MAGNUSON LAW OFFICE . 6124395641 P.09 EXHIBIT A LEGAL DESCRIPTION OF PREMISES . 8 . MAGNUSON LAW OFFICE 61243.95641 P.10 EXHI5Ir B LEGAL DESCRIPTION OF ADJOINING PARC~L. 9 . . . . . MEMORANDUM TO: Mayor and Council FR: City coordinator RE: Fire Relief Association Pension plan (City contribution) DA: December 4, 1998 Discussion: The Stillwater Fire Relief Association is re-submitting a request for city approval of their pension increase. The increase would go from $2800 per year of service to $3250 per year of service for 1998 and $3500 for 1999. It was my understanding that if the amount on line 12- page 3 (ofthe attached forms)was a negative number that no municipal contribution was needed and therefore that no municipal approval was necessary. However, the Association contends (and it appears that the State Auditor's Office agrees) that city approval is necessary because the pension levels exceed an amount that would not require city approval. I am in the process of trying to determine exactly what is required and will have that information to the Council at the meeting Tuesday afternoon. . As I have stated before when this issue has come before the council, I question why the city is being asked to approve the pension plans. The City does not have any control over the assets of the funds or the investment of the funds but would have to fund any unfunded liability/deficits if this should occur (note: the development of an unfunded liability/deficits is somewhat unlikely but could happen). Therefore, I would suggest that the pensions be set at a level that would not require city contribution. Perhaps the Council could consider approving the pension plans for 1998 and 1999 and then ask the Fire Relief Association to set future pension plan amounts at a level that would not require any city contribution. Recommendation: Council consider request of Relief Association for approving pension increase. ~~ . '')rm S(:-~7 SCHEDULE I-II FOR LUMP SUM PENSION PLANS STATE FIRE AID YEAR 1998 Firefighters Relief Association of Stillwater Fire Department County of WashingtOl1 .. SCHEDULE I ~mputation of benefit of relief association special fund (at $ 3250 per year of service) for all members based on their years of service as active fire department members. 1 2 3 4 5 6 7 1997 1998 ED. To End of This Year To End of Next Year Name Age Enny Date Years Active Accrued Years Active Accrued Month Year Service Liability Service Liability 1. Paul Glaser 63 7 63 34 110500 35 113750 2. Richard Swanson 45 6 69 29 94250 30 97500 3. Timothy Bell 48 lOt 69 28 91000 29 94250 4. Robert Barthol 49 9 71 26 84500 27 87750 5. Jon Conati 53 10 72 25 81250 26 84500 ,> 6. David Reichow 45 6 73 25 81250 26 84500 7. Kevin Charlsen 49 9 74 23 74750 24 78000 8. Thomas Linhoff 46 10 74 23 74750 24 78000 9. William Peltier 36 4 79 19 59930 20 65000 10. Jay Kimble 45 5 79 19 59930 20 65000 11. Ronald Axdahl 51 4 81 17 50700 18 55185 . Jon Buckley Jr. 41 4 81 17 50700 18 55185 . Ronald Johnson 37 5 82 16 46410 17 50700 14. George Ness 46 5 82 16 46410 17 50700 15. Robert Zoller 46 5 82 16 46410 17 50700 Total from Page 2 387920 450645 ** DEFERRED Total of Deferred Pensi(,ns, If Any, Total from page 2 52433 52433 Total Unpaid Installments, If Any, Total from page 2 0 0 Total of Early Vested Pensions If Any, Total from page 2 40358 40358 A. Accrued Liability Through Next Year 1998 (total, column 7) - ------------------------------------ > 1654156 B. Accrued Liability Through This Year 1997 (total, column 5) ---------------> 1533451 1533451 C. Subtract Line B from Line A {normal cosO 120705 Fractional Years of service must be calculatcd to ncarest full year. Do not enter liability in Columns 5 or 7 for allY person who will receive entire pension during this year. Enter this pension amount on Schedule II, Section 1, Line h. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. . If interest is to be paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. Page 1 SCHEDULE 1 - ADDmONAL MEMBERS 1 2 ~ 4 :> () 7 1997 1998 ED. To End of This Year To End of Next Year Name Age Entrv Date Years Active Accrued Years Active Accrued Month Year Service liability Service liability Regular Pensions I. 1110mas Zoller 34 4 83 15 42380 16 46410 2. Joseph Buckley 37 6 85 13 34775 14 38480 3. Larry Viers 46 6 85 13 34775 14 38480 4. Jon Bell 28 3 86 12 31265 13 34775 5. Stuart Glaser 30 3 86 12 31265 13 34775 6. Jeff Cutler 41 10 87 10 24700 11 27885 7. Ken Schmitz 35 10 87 10 24700 11 27885 8. Tom Crotty 34 6 90 8 18720 9 21645 9. Robert Kroening 33 6 90 8 18720 9 21645 10. Mike Peltier 29 6 90 8 18720 9 21645 11. Donald Rigney 34 6 90 8 18720 9 21645 12. Keith Hulbert 31 12 91 6 13325 7 15990 13. Chris Zeuli . 29 12 91 6 13325 7 15990 14. Thomas Flug 27 3 94 4 8450 5 10855 15. Jeff Nelson 33 3 94 4 8450 5 10855 16. Timothy Peltier 33 5 94 4 8450 5 10855 17. James Swanson 36 6 94 4 8450 5 10855 18. Michael Hall 31 11 94 3 6175 4 8450 19. Steven Zoller 28 11 94 3 6175 4 8450 20. Janet Hausken 31 4 95 3 6175 4 8450 21. Ken Gilliam 26 4 95 3 6175 4 8450 22. John Nobles 25 9 95 2 4030 3 6175 23. 0 0 0 0 24. 0 0 0 0 25. 0 0 0 0 Subtotal of Regular Dension Iiabilitv 387920 450645 Separatlon Accruea Accnied Name Age Entry Date Date Liability Liability Deferred Pensions I. Steven Glaser 3 74 3 94 52433 52433 2. 3. 4. Subtotal of Deferred Pensions 52433 52433 Unpaid Installments I. 2. Subtotal of Unpaid installments 0 0 Early Vested Pensions 1. Kevin Moelter 9 74 9 89 20250 20250 2. Scott Glaser 5 77 6 90 13000 13000 3. Craig Crea 6 89 10 95 7108 7108 4. Subtotal of Earl v Vested Pensions 40358 40358 '."..."-"" . . e Page 2 Schedule n - Section 1 Determination of Projected Nel Assets for the year ending December 31, 1997 ~ial Fund Assets at December 31, 1996 1 $ 1,340,970 (See Ending Assets in Reporting Fonn - 1996) Projected mcome 10 December 31, 1997 a. Minnesota Slate Aid $ 76,537 (Use 1996 amount, exclude supplemenlal) b. Municipal (independent fire) Contributions $ 0 c. Donations (Ust ) $ 0 d. mvestment mcome $ 0 e. Realized Gains (losses) $ 0 f. Umealized Gains (losses) $ 150,000 g. Other income (Includes Supplemenlal) $ 0 (Ust - ) Tolal 2$ 226,537 Projected Assets plus mcome December 31,1997 (line 1 + line 2) 3$ 1,567,507 Projecled Disbursements through end of year h. Pensions $ 0 i. Other benefits $ 0 j. Administrative $ 11,934 Total 4$ 11,934 Projected Assets al end of year (line 3 minus line 4) 5$ 1,555,573 .tion 2 Projected Assets (line 5) Determination of Projected Surplus (Deficit) as of December 31,1997 6$ 1,555,573 AccruedUability (line B, Schedule 1) 7$ 1,533,451 Surplus (deficit) (Subtract line 7 from line 6) 8$ 22,122 * Go to Section 3 if Surplus * Go to Section 4 if Deficit Section 3 Determination of Municipal Contribution (if Surplus) Nonnal Cosl (Une C, Schedule 1) 9$ 120,705 0,00 Calculated Administrative Expense (1996 Reporting Form Adm. Exp. $ 11530 x 1.035) Less: k. Minnesota Stale Aid 1. 5% of line 5 m. 10% of line 8 Total Subtractions 10$ 11,934 $ $ $ 76,537 77,779 2,212 11$ 156,528 Municipal Contribution (line 9, plus 10 minus 11) If $1.00 or greater, certify 10 municipality before August 1, 1997, eegative number, no contribulion is due. _ Page 3 12 $ (23,889) Section 4 Determination of Municipal Contribution (if D;q,.cit) Amortization of Deficits. Year Incurred Column 3 Amount Left to Retire Column 1 Column 2 AIrount Retired in Prior Years Original Amount 19 19 19 19 n. o. . o (section 2, line 8) o (Column 3 Subtolal) p. 0 (n.minus 0.) Totals Step # 1 If line p is positive, enter line p in columns 1 and 3 of New additional Deficit ('17) line. (This is your New additional Deficit for 1997.) Step # 2 If line p is negative, reduce columns 2 and 3 according to Deficit Reduction in the instructions, page 6. Amortization of Deficit (Total from Column lOx .10) Total from line C, Schedule 1, Normal Cost Calculated Administrative Expense (1996 Reporting Form Adm. Exp. 11530 x 1.035) Subtotal Lines 13+14+15 Less: q. Minnesota State Aid $ r. 5% of line 5 $ o o Total Subtractions (subtotal of Lines q and r) Municipal Contribution (line 16 minus line 17) (If 0 or negative, there is no municipal contribution) You must certify to municipality before August 1, 1997, even if no contribution is due. Section 5 F. tion of A verage special fund income per member .8.:I:BfC D A B C D E State Municipal 10% of Active Aid Support Surplus Members Average last year 1996 76,537 37 2,068.57 2 years ago 1995 58,262 35 1,664.63 3 years ago 1994 53.990 30 1,799.67 Total column E divided by 3 $1 18441 Maximum Pension Benefit under statute $ I 3400 I Calcula G. Look up the result of F on Ihe table (page 7 in the instructions) to obtain G. This is your maximum benefit this year. You cannot increase benefits beyond this amount. Page 4 13 $ 14 $ 15 $ 16 $ o o o o . 17 $ 18 $ o o . OFFICER'S CERTIFICATION (Fonn must be provided to municipal clerk on or before August 1. 1997j . the officers of the Stillwater Fire Department Firefighters Relief Association, state that the accompanying edules have been prepared in accordance with the provisions of Minn. Stat. 69.772, subd. 4. The average amount of available fmancing per member of the special fund for the past three years is $ 1844. Further, benefit levels have been established in accordance with the average amount of available financing, as is required by Minnesota law. We certify that the fmancial requirements of the relief association special fund for 1998 purposes of required municipal contribution is $ 0 Signature of President Date Signature of Secretary Date Signature of Treasurer Date CLERK'S CERTIFICATION (FOR MUNICIPAL FIRE DEPARTMENTS ONLY) . the clerk of I have received the completed Office of State Auditor Schedule I & IT from Stillwater Fife Department Relief Association on ,1997. I have reviewed Section 2, line 8, 12 and 18 of Schedule IT. If line 12 or 18 reflects a required municipal contribution, I certify that I will advise the governing municipal body at it's next regularly scheduled meeting. If the Certification of the Officers discloses that the By-laws have been amended or benefits have increased and line 12 or 18 reflect a required municipal contribution, I certify that the governing municipal board passed a resolution approving of the increase or change in by-laws. I have attached the Board resolution, if required. Date Business Phone Signature of Clerk WARNING: This document must be fully completed, certified by the relief association officers, certified by the municipal clerk, and filed with the Office of State Auditor reporting form as required by Minn. Stat. g 69.771. subd. 3. Failure to file this document, whether or not a municipal contribution is due. will result in ineligilibility of state fire aid, as required by Minnesota state law. . Page 5 F.orm SC;98 SCHEDULE I-II FOR LUMP SUM PENSION PLANS STATE FIRE AID YEAR 1999 Firefighters Relief Association of Stillwater Fire Department County of Washington SCHEDULE I Computation of benefit of relief association special fund (at $ 3500 per year of service) for all members based on their years of service as active fire department members. ], 2 3 4 5 6 7 1998 1999 F.D. To End of This Year To End of Next Year Name Age Entrv Date Years Active Accrued Years Active Accrued Month Year Service Liability Service Liability 1. Paul Glaser (7/63) 63 0 0 0 0 2. Richard Swanson 45 6 69 30 105000 31 108500 3. Timothy Bell 48 10 69 29 101500 30 105000 4. Robert Barthol 49 9 71 27 94500 28 98000 5. Jon Conati 53 10 72 26 91000 27 94500 6. David Reichow 45 6 73 26 91000 27 94500 7. Kevin Charlsen 49 9 74 24 84000 25 87500 8. Thomas Linhoff 46 10 74 24 84000 25 87500 9. William Peltier 36 4 79 20 70000 21 73500 10. Jay Kimble 45 5 79 20 70000 21 73500 II. Ronald Axdahl 51 4 81 18 59430 19 64540 12. Jon Buckley Jr. 41 4 81 18 59430 19 64540 ,~ 13. Ronald Johnson 37 5 82 17 54600 18 59430 14. Robert Zoller 46 5 82 17 54600 18 59430 15. Thomas Zoller 34 4 83 16 49980 17 54600 Total from Page 2 435330 501480 ** DEFERRED Total of Deferred Pensions, If Any, Total from page 2 52433 52433 Total Unpaid Installments, If Any, Total from page 2 0 0 Total of Early Vested Pensions If Any, Total from page 2 40358 40358 A. Accrued Liability Through Next Year 1999 (total, column 7) ------------------------------------- > 1719311 B. Accrued Liability l1rrough This Year 1998 (total, column 5) ------------------- > 1597161 1597161 C. Subtract Line B from Line A (normal cost) 122150 Fractional Years of service must be calculated to nearest full year. Do not enter liability in Columns 5 or 7 for any person who will receive entire pension during this year. Enter this pension amount on Schedule II, Section 1, Line h. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. If interest is to be paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. Page 1 . . e SCHEDULE 1 - ADDmONAL MEMBERS .' 1 :l j 4 5 () " , 1998 1999 , ED. To End of This Year To End of Next Year Name Age Entrv Date Years Active Accrued Years Active Accrued Month Year Service Liability Service Liability Regular Pensions 1. Joseph Buckley 37 6 85 14 41440 15 45640 2. Larry Viers 46 6 85 14 41440 15 45640 3. Jon Bell 28 3 86 13 37450 14 41440 4. Stuart Glaser 30 3 86 13 37450 14 41440 5. Jeff Cutler 41 10 87 11 30030 12 33670 6. Ken Schmitz 35 10 87 11 ,- 30030 12 33670 7. Tom Crotty 34 6 90 9 23310 10 26600 8. Robert Kroening 33 6 90 9 23310 10 26600 9. Mike Peltier 29 6 90 9 23310 10 26600 10. Donald Rigney 34 6 90 9 23310 10 26600 11. Keith Hulbert 31 12 91 7 17220 8 20160 12. Chris Zeuli 29 12 91 7 17220 8 20160 13. Thomas Hug 27 3 94 5 11690 6 14350 14. Jeff Nelson 33 3 94 5 11690 6 14350 15. Timothy Peltier 33 5 94 5 11690 6 14350 16. James Swanson 36 6 94 5 11690 6 14350 17. Michael Hall 31 11 94 4 9100 5 11690 18. Steven Zoller 28 11 94 4 9100 5 11690 19. Janet Hausken 31 4 95 4 9100 5 11690 20. Ken Gilliam 26 4 95 4 9100 5 11690 f John Noh!<. 25 9 95 3 6650 4 9100 0 0 0 0 0 0 0 0 24. 0 0 0 0 25. 0 0 0 0 Subtotal of Rel!u1ar pension liability 435330 501480 :SeparatIon Accrued Accrued Name Age Entry Date Date Liability Liability Deferred Pensions 1. Steven Glaser 3 74 3 94 52433 52433 2. 3. 4. Subtotal of Deferred Pensions 52433 52433 Unpaid Installments 1. 2. Subtotal of Unpaid Installments 0 0 Early V c!oied Pensions 1. Kevin Moelter 9 74 9 89 20250 20250 2. Scott Glaser 5 77 6 90 13000 13000 3. CraiJ;!; Crea 6 89 10 95 7108 7108 Ibtotal of Earl v Ve!o1cd Pensions 40358 40358 Page 2 Schedule n Section 1 Determination of Projected Net Assets for the year ending December 31, 1998 Special Fund Assets at December 31, 1997 (See Ending Assets in Reporting Form - 1997) Projected Income to December 31, 1998 a. Minnesota State Aid (Use 1997 amounl, exclude supplemental) b. Municipal (independent fire) Contributions c. Donations (list d. Investment Income e. Realized Gains (losses) f. Unrealized Gains (losses) g. Other income (Includes Supplemental) (list - ) Tolal $ 75,052 $ 0 $ 0 $ 0 $ 0 $ 132,466 $ 0 Projected Assets plus Income December 31,1998 (line 1 + line 2) Projected Disbursements through end of year h. Pensions i. Other benefits j. Administrative Total $ $ $ 178,583 o 3,296 Projected Assets at end of year (line 3 minus line 4) 1$ 1,655,827 2$ 207,518 3$ 1,863,345 4$ 181,879 5$ 1,681,466 Section 2 Determination of Projected Surplus (Deficit) as of December 31,1998 Projected Assets (line 5) Accrued liability (line B, Schedule 1) Surplus (deficit) (Subtract line 7 from line 6) * Go to Section 3 if Surplus * Go w Section 4 if Defu:it 6$ 1,681,466 7$ 1,597,161 8$ 84,305 Section 3 Determination of Municipal Contribution (if Surplus) Normal Cost (Line C, Schedule 1) 0.00 Calculated Administrative Expense (1997 Reporting Form Adm. Exp. $ 3296 x 1.035) Less: k. Minnesota State Aid 1. 5% of line 5 m. 10% of line 8 TOlal Subtractions $ $ $ 75,052 84,073 8,431 Municipal Contribution (line 9, plus 10 minus 11) If $1.00 or greater, certify to municipality before August 1, 1998, If negative number, no contribution is due. ~~li.JJ9~. Page 3 122,150 9$ .0$ 3,411 11$ 167,556 .2$ (41,995) '. 'a, . . . : c } Section 4 Determination of Municipal Contribution (if Deficit) f.. I . Anwrtization of Deficits. . Year Incurred Column 1 Column 2 AImunt Retired in Prior Years Column 3 Amount Left to Retire Original Amount 19 19 19 19 n. o (section 2, line 8) o (Column 3 Subtotal) o (n. minus 0.) o. p. Totals Step # I If line p is positive, enter line p in columns 1 and 3 of New additional Deficit (98) line. (This is your New additional Deficit for 1998.) Slep # 2 If line p is negative, reduce columns 2 and 3 according to Deficit Reduction in the instructions, page 6. Amortization of Deficit (fotal from Column lOx .10) Total from line C, Schedule L Normal Cost Calculated Administrative Expense (1997 Reporting Form Adm. Exp. 3296 x 1.035) Subtotal lines 13+14+15 13 $ 14$ 15 $ 16$ o o o o Less: q. Minnesota State Aid $ . 5% of line 5 $ o o Total Subtractions (subtotal of Lines q and r) Municipal Contribution (line 16 minus line 17) (If 0 or negative, there is no municipal contribution) 17 $ 18 $ o o You must certify to municipality before August I, 1998, even if no contribution is due. Section 5 F. tion of A verage special fund inr:ome per member A:f:fu:C D A B C D E State Municipal 10% of Active Aid Support Surplus Members Average last year 1997 75,052 2,212 37 2,088.22 2 years ago 1996 76,537 37 2,068.57 3 years ago 1995 58,262 35 1,664.63 Total column E divided by 3 $1 1940 l Maximum Pension Benefit under statute $ I 3500 I Calcula .. . Look up the result of F on the table (page 7 in the instructions) to obtain G. This is your maximum benefit this year. You cannot increase benefits beyond this amount. Page 4 OFFICER'S CERTIFICATION '.. ,,<... (Fonn must be provided to municipal clerk: on or before August 1. 1998) We, the officers of the Stillwater Fire Department Firefighters Relief Association, state that the schedules have been prepared in accordance with the provisions of Minn. Stat. 69.772, subd. 4. The average amount of available financing per member of the special fund for the past three years is $ 1940. Further, have been established in accordance with the average amount of available fmancing, as is required by Minnesota law. accompanyin. benefit levels We certify that the financial requirements of the relief association special fund for 1999 purposes of required municipal contribution is $ 0 Signature of President Date Signature of Secretary Date Signature of Treasurer Date CLERK'S CERTIFICATION (FOR MUNICIPAL FIRE DEPARTMENTS ONLY) I am the clerk of I have received the completed Office of State Auditor Schedule I & II ~ Stillwater Fire Department Relief Association on ,1998. I have reviewed Section 2, line 8, 12 and 18 of Schedule II. If line 12 or 18 reflects a required municipal contribution, I certify that I will advise the governing municipal body at it's next regularly scheduled meeting. If the Certification of the Officers discloses that the By-laws have been amended or benefits have increased and line 12 or 18 reflect a required municipal contribution, I certify that the governing municipal board passed a resolution approving of the increase or change in by-laws. I have attached the Board resolution, if required. Date Signature of Clerk Business Phone WARNING: This document must be fully completed, certified by the relief association offICers, certified by the municipal clerk, and filed with the Office of State Auditor reporting form as required by Minn. Stat. ~ 69.771. subd. 3. Failure to file this document, whether or not a municipal contribution is due. will result in ineligilibility of state fire aid. as required by Minnesota state law. Page 5 . rr~ 1. 4:30 2. 3. 4:30 4. 4:35 5. 6. 7. 4:55 8. 5:00 to 5:30 WASHINGTON COUNTY Dennis C. Hegberg District 1/Chair ****NOTICE CHANGE IN MEETINGDATE*** Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 COUNTY BOARD AGENDA DECEMBER 3, 1998,4:30 P.M. Roll Call Consent Calendar General Administration - J. Schug, County Administrator County Organizational Structure 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 jitture board meeting. Board Correspondence Adjourn Board Workshop with Office of Administration Preview of Truth in Taxation Information *********************************************************** Date November 30 ough ecember 2 December 2 December 2 December 3 MEETING NOTICES Committee Time Location Association of Minnesota Counties Annual Conference 8:00 a.m. to 6:00 p.m. 9:30 a.m. 11:30 a.m. I :00 p.m. 81. Cloud Civic Center - 81. Could, Minnesota Plat Commission Resource Recovery Executive Committee Internal Audit Advisory Committee Washington County Government Center 1670 Beam Avenue - Maplewood Washington County Government Center Assistive listening devices are available for use in the Count'f. Board Room If 'l.ou need assistance due to disability or la!l!luage barrier, please call 430-6000 (TOO 439-32201 EuUAL EMPLOYMENT OPPORTUNITY / AFFIHMATIVE ACTION EMPLOYER ~'1 W ASIDNGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 3, 1998 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the November 17, 1998 Board meeting minutes. Auditor- Treasurer B. Approval of staff comments on Dakota County Draft Comprehensive Plan. C. Approval of resolution, authorize the Auditor-Treasurer to offer parcel 20.030.21.31.0045 to adjoining owner at a private sale a.l1d withdraw such parcel from 1998 tax forfeited land auction. Community Services D. Approval of an agreement with On-Belay of Minnesota to provide chemical dependency treatment services. PublicWorks E. Approval to execute the contract with Elness Swenson Graham Architects, Inc. for the schematic design phase of the Washington County Library/Woodbury Community Center construction project. . *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. . J;, 1. 2. 3. 9:00 9:00 4. 9:30 5. 9:40 6. 9:50 10:05 8. 10:20 9. 10. 11. 10:40 12. 10:45 to 11:45 13. 12:30 to 2:00 WASHINGTON COUNTY Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 COUNTY BOARD AGENDA DECEMBER 8,1998, 9:00 A.M. Ro 11 Call Consent Calendar Public Hearing - Health, Environment and Land Management - M. McGlothlin, Director Proposed Chapter Nine of County Development Code: Floodplain Management Regulations Health, Environment and Land Management Department - M. McGlothlin, Director Committee Descriptions, Operating Protocols and Procedures and Meeting Rules of Procedure for the Board of Adjustment and Appeals and the Planning Advisory Commission Public Works Department - D. Wisniewski, Director Advertise for Bids on the Hardwood Creek Trail Sheriff's Office - J. Frank, County Sheriff Presentation of Reward by Crime Stoppers to Two Citizens General Administration - J. Schug, County Administrator Appointment Process of Citizen Committee Members 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 repon 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 Health, Environment and Land Management Department Report on Septic Program Strategic Planning Session and Seek Input on Future Program Development County Board Tour of New Contact Station at St. Croix Bluffs Regional Park ***MEETING NOTICES LISTED ON BACK SIDE*** Assistive listening devices are available for use in the Count't. Board Room If '(..au need assistance due to disability or la[1f/uage barrier, please call 430-6000 (TDD 439-3220) EUUAL EMPLOYMENT OPPORTUNITY / AFFIKMATIVE ACTION EMPLOYER c_~ WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 8,1998 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the November 24, 1998 Board meeting minutes. Auditor- Treasurer B. Approval of resolution authorizing the Auditor-Treasurer to offer parcel 33.032.20.11.0050 to adjoining owner at a private sale and withdraw such parcel from 1998 Tax Forfeited Land Auction List. Health, Environment and Land Management C. Approval to accept new State grant dollars in the amount of$41,860 for the expansion of the Infant Follow Along program (IF AP) for the calendar year 1999, authorization for the County Board Chair and the County Administrator to execute contracts on behalf of the County and authorization to amend the department's 1999 budget to reflect this grant. Public Works D. Approval of resolution, final payment to Landwehr Construction, Inc.. in the amount of $58,726.50 for construction of the Oakgreen Avenue Bridge in Denmark Township. E. Approval of resolution of joint powers agreement No. 78161 with the State of Minnesota for the traffic signal optimization study on Valley Creek RO. Woodbury. *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. *********************************************************** MEETING NOTICES Date Committee Time Location December 7 December 8 December 8 December 8 December 9 December 10 December 10 Rush Line Corridor Sentence to Service Advisory Mental Health Advisory HRA Board Meeting 911 Board Community Social Services Advisory Metro TAB 4:30 p.m. 8:00 a.m. 4:00 p.m. 5:30 p.m. 10:30 a.m. 8:00 a.m. 12:30 p.m. White Bear Lake City Hall Washington County Government Center Christ Lutheran Church - Lake Elmo 321 Broadway - St. Paul Park 2099 University Ave. W. - St. Paul Lake Elmo Inn - Lake Elmo 230 E. 5th St. - Mears Park Centre . l . . . Chair: IlJI It CUvUJ~ ~ Stillwater Township December 10,1998 ,,;2tAU4J J!LU~ ~ If)} , 1M, I / [a), /} rt, ~1A.-i/1J v{) !L~' [uJJj ;;]J;;;-c/ cfi~ . 47- e~. ~ ~ j ~ rfhLr-I--J--L )Lt'~~ ~~ (!~ y?J /5 I. Re~ort C~'YlLLh.. . r/zn; 'YA- 2. Claims & Checks :..g I 3. Establish fees for lot line adjustments (Riehle, Schmuckler) / .:- -::=:~ 4. County CUP: Discuss fee policy for government applications. Cr r Bergeron 7:30 p.m. Regular Meeting Agenda: Adopt Minutes: Approve Minutes November 12, 1998) Canvas of Election, November 16, 1998 Treasurer: Attornev: 1. Update Socha 2. Approve T.M. T. Contract 3. Y2K Insurance - Do we need it? Planner: 1. County CUP - Storage Building ED1~ineer: 1. Public Works: 1. Clerk: 1. Status Architect 2. Miscellaneous Committees: 1. Re-appoint Park Committee and Planning Commission Members: Fundingsland Hannon Roberts People - 8:30 PM: 1. Steve Nelson -Report Old Business: I. New Business: 1. Note: 12/5/98 Pat Bantli DEC-07-1998 11:12 C lTY OF OPH P.03/03 . CI'IT OF OAK PARK HEIGHTS CIlYCOUNCIL WORK SESSION, TRUTH IN TAXATION HEARING & SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 8, 1998 6:00 P.M. 6;00 p.ro;' CITY COUNCIL WORKSESSI0N I. Valley Senior Services Alliance 7:00 p.m. TRUTH IN TAXATION HEARING 7:30 p.m. SPECIAL CITY COUNCIL MEETING 1. Valley Senior Services Alliance Development Agreement & Bonding . 8:00 p.m. CLOSED SESSION TO DISCUSS PENDING LITIGATION 8:30 p.m. RESUME Cxn COUNCIL WORKSESSION I. City Hall parking lot discussion II. 58th & Neal Signal (1) III. City Intemet Policy (2) 9:00 p.m. ADJOUlU~ENT . TOTAL P. 03 DEC-07-1998 11:12 CITY OF OFH P.02/03 CORRECTION_ THE AGENDA DATED DECEMBER 15,1998 WAS MISDATED. THE CORRECT DATE FOR THE CITY COUNCIL WORKSESSION, TRUTH IN TAXATION HEARING AND SPECIAL CITY COUNCIL MEETING IS TUESDAY, DECEMBER 8,1998. WE APOLOGIZE FORA1W CONFUSION OR INCONVENIENCE. . . .