HomeMy WebLinkAbout1998-12-15 CC Packet
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REVISED AGENDA** i
CITY OF STILLWATER !
~_",'. '.,. CITY COUNCIL MEETING NO. 98-31 II
Council Chambers, 216 North Fourth Streei
December 15, 1998 :11,,111'
REGULAR MEETING
CALL TO ORDER II
INVOCA TIONli
ROLL CALL , : i:
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APPROVAL OF MINUTES: December 1, 1998, Regular and Recessed M~1tmg
PETITIONS. INDIVIDUALS. DELEGATIONS & COMME~DATIONSI!i
1. Recognition of Master Diver.Certification - Fire Department Dive Team,i: .. members
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OPEN FORUM . i ii
The Open Forum is a portion of the Council meeting to address C6uncil on sUbje!ts which are not a part of the
meeting agenda. The Council may take action or reply at the time 'of the stateme~~ or may give direction to staff
regarding investigation of the, concerns expressed. I II
STAFF REPORTS II
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1. Finance Director 5. Parks & Recreation 9. Bui\ding Official
2. Police Chief 6. City Engineer 10. Cit)ji Attorney
3. Public Works Director 7. City Clerk 11. CitX Coordinator
." 4. Community Dev. Director 8. Fire Chief I '
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CONSENT AGENDA * !I
1. Resolution 98-315: Directing Payment of Bills II'
2. Purchase of audio visual equipment for FireIPolice Training Room i! '
3. Resolution: Designation of depositories for 1999 Ii i!
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4. Resolution: Contract with Miller Telecom for pay phone services for ~r Croix Valley Recreation
Center . JI..
5. Purchase of self-contained breathing Apparatus (SCBA) C~scade Fillidg System (Fire Dept)
6. Authorization~o.~i~lti~eengineering drawings and purcha~e shelving II:: '
7. Purchase of prmter - Fmance, ,II
8. Resolution: Contract with Sanders, Wacker, Wehrman, Bergley for consultant services for
, coordin~ting Phas.e II Levee Wall Cons.truction ,,:i~~ Mulberry Point ~ea Park Improvements
" 9. ResolutIOn: SpeCial assessment for delInquent utIlItIes . '. i:
10. Resolution: Employment of Robert Hamble and Chris Die~hert as wanhing house attendants
11. Resolution: Renewal of maintenance agreement - IKON Office SOlutib,ns
12. Resolution: Renewal of contract with Sand Creek Group LTD for Em~loyee Assistance Program
13. Resolution: Setting salary for City Coordinator II ':
14. Resolution: Setting salary for recording secretary II'
15. Purchase of picnic tables and benches - Parks Dept. I"
16. Resolution: Agreement with Don Empson for the Holcombe District ~lJIVey and Evaluation
17. Resolution: Renewal of tobacco license - Jazzy's House of Blues and Figar Parlor
18. Contractors Licenses: Judd Orff & Associates, Stillwater, MN; Skynef\~onstruction, New Richmond
WI; Visual Impact Signs Inc., and Diverse Vinyl Products, Blaine, MN];: Swanson Bros.
Construction, Forest Lake, MN 'i
19. Certificate of Appreciation to Sheila Maybanks for service on Library BII, ?ard
20. Purchase of hydraulic hoist for public works garage I"
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7:00 P.M.
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City Council Meeting 98-31
Decembbr 15, 1998
21. Purchase of wire feed welder - Engineering
22. Resolution: Approving increase in hospital/medical insurance rates
23. Req~est to carry over 1998 CIO budget items to 1999 - Engineering Dept. i
24. Request for carry over of 1998 funds for Pioneer Park Renovation project - Parks Dept.
25. Res~lution: Renewal of towing licenses for 1999 - Stillwater Towing and Am~ing Towing
26. Amending minutes of November 24,1998, related to amending insurance section of management
agreement with St. Croix Cateringfor St. Croix Valley Recreation Center ,.
27. Resolution: Change Order No. 11, St. Croix Valley Recreation Center
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UNFINISHED BUSINESS
1. Final plat approval of a 19 single family lot Creekside subdivision located north of Boutwell and
west:ofNeal Avenue in the R-A single Family Residential District, Trailhead Development,
appli'cant. Case No. SUBFI98-39. (Resolution approving final plat and Resolution approving
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development agreement)
2. Annual report from Open Space Committee
3. App~oval of comments on Brown's Creek Watershed District Rules
4. Adopting final tax levy for 1999 (Resolution)
Adopting final budget for 1999 (Resolution)
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5. Possible approval of amendment to Central St. Croix Valley Gable Communications Commission
Joint: Powers Agreement
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6. Reqrtest for extension of time for Comprehensive Plan Amendment
NEW BUSINESS
1. Varihce Request: William Sauntry Mansion, 626 N. 4th St.
2. Reql.lest for purchase of one-ton truck and accessories- Public Works Dept. (R~solution)
3. Recqmmendation for worker's compensation insurance
4. Poss~ble first reading of ordinance setting trunk rates for storm sewer
5. Adoption of pay equity evaluation system (Hay system) (Resolution)
6. Amending City Policy and Procedures Manual - Section 2-8 frobationary Peri"e;ds (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continu~d)
COMMUNICA TIONS/REQUESTS
COUNOIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT Possible adjournment to executive session to discuss possible cqndemnation of land
All itf~ms listed under the consent agenda are considered to be routine by the City Council and till be enacted by one
motion. There will be no separate discussion on these items unless a Council Member or citize~ so requests, in which
event;' the items will be removed from the consent agenda and considered separately.
** Items 'in italics are additions to the agenda
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-29
December 1, 1998
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Councilmember Zoller
Present:
Absent:
Also present:
Councilmembers Bealka, Cummings and Zoller
Councilmember Thole and Mayor Kimble
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police Chief Dauffenbach
City Engineer Eckles
Fire Chief Kallestad
Building Official Zepper
City Clerk Weldon
Press:
Julie Kink, Courier
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STAFF REPORTS
Police Chief Dauffenbach reported, as required by the City Code, background checks
have been run on all applicants for tobacco license renewals. The background checks
showed a discrepancy on one application. Although the application stated no one listed
on the application had been convicted of a felony, the background check revealed a
felony conviction. The following are listed as a basis for denial in Chapter 41, Sec. 41-2,
Subd. 5 (2) applicant has been convicted within the past five years of any violation of a
federal, state or local law, ordinance provision, or other regulation relating to tobacco or
tobacco products, or tobacco related devices, or any felony within the last ten years, and
(4) applicant fails to provide any information required on the application, or provides
false or misleading information. Subd. 5 also states the existence of any particular
ground for denial does not mean that the city must deny the license.
Council determined the current application would be denied because of the lack of
disclosure of required information. Council would then require a new application be
completed along with a letter of explanation as to why the original application was not
completed accurately.
Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution
98-306 denying a tobacco license for Jazzy's House of Blues and Cigar Parlor.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings and Zoller
None
Councilmember Thole and Mayor Kimble
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City Council Meeting 98-29
December 1, 1998
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City Engineer Eckles presented a local government loan agreement with Northern States
Power (NSP) for a lighting energy savings program.
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Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt
Resolution 98-307 authorizing the Mayor to sign the local government loan agreement with
Northern States Power for the energy savings program.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings and Zoller
None
Councilmember Thole and Mayor Kimble
City Coordinator Kriesel stated Scott Olson, Director of Operation of the Stillwater Yacht
Club, was present to request permission to bury a 10,000 gallon fuel tank. on City
property. Two underground tanks, which were placed in the ground when the property
was owned by the railroad, were removed today. (The Pollution Control Agency
regulations required removal in 1998.) The property was later purchased by the City and
leased to the Yacht Club. However, no fees have been collected during the past two years
because of high water in 1997 and the levee project. There is no license or agreement
with the Yacht Club for the installation of the new tank on City property.
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Concerns were expressed regarding City liability for safety and environmental issues. In
addition, it was questioned if the location of the tank would interfere with the park .
development.
Mr. Olson provided information on the type of tank. and warranty. He stated he thought
he had permission to bury the tank from Fire Chief Kallestad and had intended to install it
today. Chief Kallestad stated he was not informed the tank location was on City
property .
Motion by Councilmember Cummings, seconded by Councilmember Bealka directing the City
Attorney to prepare a draft license for the installation of a fuel tank by the Stillwater Yacht Club
and report back with options at the December 8th Special meeting. All in favor.
City Coordinator Kriesel presented a request from Pubic Works Director Junker to store
confiscated vehicles in the building near the Vessel Cayuga. Council agreed to storage of
the vehicles in that location.
City Coordinator Kriesel presented a request from Mr. Gannon to store antiques in the
building previously owned by the railroad. City Attorney Magnuson stated the railroad
still has keys and is utilizing the building; they were unaware the ownership had changed
to the City. Council determined the building should be reserved for City use.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to recess at 5:50
p.m. All in favor.
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City Council Meeting 98-29
December 1, 1998
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 98-29
December 1, 1998
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Acting Mayor Thole
Present:
Absent:
Also Present:
Councilmembers Bealka, Cummings, Thole, Zoller
Mayor Kimble
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police Chief Dauffenbach
City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Stillwater Gazette
APPROVAL OF MINUTES
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Motion by Councilmember Zoller, seconded by Councilmember Cummings to approve the
minutes of the November 10, 1998, Regular and Recessed Meetings; November 24, 1998,
Special Meeting. All in favor.
CONSENT AGENDA
Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the consent
agenda. All in favor.
1. Resolution 98-303: Directing Payment of Bills
2. Purchase of three portable radios - Police Dept.
3. Resolution 98-304: Establishing hourly pay rates for part-time firefighters
4. Resolution 98-305: Requesting variance to Rule 8820.9936 relating to minimum design
speed for Curve Crest Blvd Extension
PUBLIC HEARINGS
1. This is the day and time for the Truth In Taxation Public Hearing. Notice of the hearing
was placed in the Stillwater Gazette on November 25, 1998.
Finance Director Deblon explained the tax levy process and how monies are spent.
The Acting Mayor opened the public hearing.
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City Council Meeting 98-29
December 1, 1998
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Rodd Hane, 618 Lake Drive, questioned how increases were determined. He stated he was
pleased the City was cutting the budget and thought the city was doing a great job on the city
portion. However, he was concerned with his tax increase. Staff was directed to contact
Washington County to determine ifMr. Hane's tax notice was accurate.
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The Acting Mayor closed the public hearing.
Motion by Councilmember Bealka, seconded by Councilmember Zoller directing the adoption of
the tax levy and the budget for 1999 be placed on the December 15, 1998, agenda. All in favor.
2. Case No.CP A/98-2. This is the day and time for the public hearing to consider a
Comprehensive Plan amendment establishing greenways, corridors, parks and open space
and trails for the expansion area. City of Stillwater, applicant. Notice of the hearing was
published in the Stillwater Gazette on November 20, 1998.
Community Development Director Russell presented the proposed Comprehensive Plan
amendment. The Comprehensive Plan and AUAR implementation program calls for the
establishment of Greenway Corridors and a Parks and Trails System for the expansion area.
This plan designates edges of lakes, creeksltributaries and wetland greenways. A trail system
is located through major corridors connecting the expansion area from 62nd Street North to
TH96. The City's Open Space Committee, Parks Board and Planning Commission r
recommend adoption. The amendment has been referred to the DNR and Stillwater
Township for comment.
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The Acting Mayor opened the public hearing. There were no requests to be heard. The
Acting Mayor closed the public hearing.
Motion by Councilmember Zoller, seconded by Councilmember Cummings approving the
Comprehensive Plan amendment establishing greenways, corridors, parks and open space and
trails for the expansion area. All in favor.
3. Case No.ZAT/98-7. This is the day and time for the public hearing to consider a Zoning
Ordinance text amendment amending shoreland section requiring buffers along Browns
Creek, its tributaries and wetlands. City of Stillwater, applicant. Notice of the hearing
was published in the Stillwater Gazette on November 20, 1998.
Community Development Director Russell presented a proposed amendment to the
Shoreland Ordinance which included provisions for Brown's Creek, lake and wetland buffer
areas. The amendment will require a 100 foot buffer area from Brown's Creek and its
tributaries and a buffer area of 25 feet from wetlands. It will further the natural resources
protection policy of the Comprehensive Plan and Expansion Area AUAR Mitigation Plan.
The draft ordinance has been reviewed by the DNR, Brown's Creek Watershed District and
Stillwater Township. The Planning Commission reviewed the ordinance on November 9,
1998, and recommends approval. The Joint Board will have to approve the ordinance before
the ordinance becomes effective.
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City Council Meeting 98-29
December 1, 1998
The Acting Mayor opened the public hearing. There were no requests to be heard. The
Acting Mayor closed the public hearing.
Councilmember Cummings requested language be included in the final draft that would
exempt park structures from certain regulations.
Motion by Councilmember Bealka, seconded by Councilmember Zoller to have the first reading
of an ordinance amending the Shoreland Ordinance by requiring protective buffer areas.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
UNFINISHED BUSINESS
1. Snow plowing services for St. Croix Valley Recreation Center (Resolution)
City Engineer Eckles reported proposals were received from Lehmicke Construction and
M.J. Raleigh Trucking, Inc. for snow plowing services. He recommended accepting the low
bid of Lehmicke Construction.
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Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution
98-308 approving the contract with Lehmicke Construction for snow plowing services for St.
Croix Valley Recreation Center.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
2. Possible second reading of an ordinance establishing administrative hearing process for
alcohol and tobacco compliance violation.
City Attorney Magnuson presented the draft ordinance which would establish the process and
civil penalties for alcohol and tobacco compliance violations. Criminal fines and penalties
have been the most frequent enforcement mechanism. This process would bring a more
prompt resolution and does not label a violation of administrative regulations as criminal.
This enforcement method will be in addition to any other legal remedy which may be
pursued for City Code violations.
Motion by Councilmember Zoller, seconded by Councilmember Cummings to have a second
reading of an Ordinance 868 establishing an administrative hearing process for alcohol and
tobacco compliance violations.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
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City Council Meeting 98-29
December 1, 1998
Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 98-
309 setting a fine schedule and penalties for alcohol and tobacco compliance violations.
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Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
3. Possible second reading of an ordinance amending Chapter 43 - Liquor, by clarifying
inconsistencies in the ordinance.
City Attorney Magnuson presented the draft ordinance clarifying the minimum seating
capacity of 25 for a restaurant to be eligible for a liquor license (consistent with wine
license).
Motion by Councilmember Zoller, seconded by Councilmember Cummings to have a second
reading of an Ordinance 867 amending Chapter 43 - Liquor, by clarifying inconsistencies in
ordinance related to minimum seating for a restaurant.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
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4. Approving the Cooperative Construction Agreement No. 77535 with Mn/DOT relating to .
construction of a park and ride lot at Curve Crest Boulevard and Market Drive.
Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution
98-310 approving the Cooperative Construction Agreement No. 77535 with Mn/DOT relating to
construction of a park and ride lot at Curve Crest Boulevard and Market Drive.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
NEW BUSINESS
1. Review and comments on Browns Creek Watershed District Regulations.
City Engineer Eckles reported the proposed rules in current form could have significant
impact on the City's procedures and process for planning and land use control. In addition,
the District has not yet "endorsed" the AUAR Mitigation Plan, which would avoid the need
for the City to implement many of the restrictions in the rules. The District is requesting
comments from affected agencies and the public.
Staff is preparing a response to the Brown's Creek Watershed District for Council review at .
the December 15, 1998, meeting.
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City Council Meeting 98-29
December 1, 1998
2. Designating Legal Newspapers for 1999 (Resolution)
City Coordinator Kriesel presented proposals from the Stillwater Evening Gazette and the
Courier News for providing legal publication services on a shared basis for 1999. For the
past several years, the Gazette has published the legal notices and the Courier publishes the
meeting minutes. The Courier is proposing to charge $3.80 per column inch (3% increase)
and the Gazette proposes to charge $3.85 per column inch and $3.03 for repeat publications.
He recommended Council approve a contract with the Stillwater Evening Gazette for the
publication of Legal Notices for 1999 and the Courier News for the publication of
Proceedings in Summary Form for 1999, at a rate of$3.80 per column inch and $3.00 for
repeat publications
Motion by Councilmember Cummings seconded by Bealka to adopt Resolution 98-311
approving the execution of contracts with the Stillwater Evening Gazette and the Courier News
for the 1999 Legal Newspapers.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
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3. Renewal of tobacco licenses for 1999.
Council was presented with a list of applications for renewal of tobacco licenses for 1999.
All required documentation has been submitted and background investigations completed.
Councilmember Cummings clarified the application discussed and denied at the 4:30 meeting
was not included in this approval.
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt
Resolution 98-312 approving renewal of tobacco licenses for 1999.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
4. Possible first reading of ordinance regulating adult entertainment businesses.
City Attorney Magnuson reported the City receives inquiries regarding zoning and
regulations related to the establishment of adult entertainment businesses within the City. He
suggested it would be prudent for the City to develop an ordinance regulating adult
entertainment before a business is established in the City. Adult entertainment cannot be
prohibited, but it can be regulated. He recommended a first reading of an ordinance and then
referring it to the Planning Commission for zoning issues.
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City Council Meeting 98-29
December 1, 1998
Motion by Councilmember Bealka, seconded by Councilmember Cummings to have the first .
reading of an ordinance regulating adult entertainment businesses.
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
Motion by Councilmember Bealka, seconded by Councilmember Cummings referring
consideration of the regulation of adult entertainment businesses to the Planning Commission.
All in favor.
5. Approving reapportionment of special assessments.
Finance Director Deblon requested Council approve the re-apportionment of special
assessments to complete the recording of the subdivision for the ABS parcel downtown.
This parcel is receiving TIF assistance and the split is necessary for valuation calculations
pursuant to the TIF agreement.
Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 98-
313 approving re-apportionment of special assessments for subdivision of Parcel No.
28.030.20.13.0086. ~
Ayes:
Nays:
Absent:
Councilmembers Bealka, Cummings, Thole and Zoller
None
Mayor Kimble
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STAFF REPORTS (continued)
City Coordinator Kriesel reported the Park Rapids Hockey Association has accepted the
City's offer of$13,500, plus delivery, for hockey boards. He requested authorization to issue
a check payable to the Park Rapids Hockey Association in payment for the hockey boards.
Motion by Councilmember Cummings, seconded by Councilmember Zoller authorizing the
issuance of a check payable to the Park Rapids Hockey Association in the amount of $13,500
plus delivery for hockey boards. All in favor.
Motion by Councilmember Bealka, seconded by Councilmember Cummings to adjourn at 8:40
p.m. to executive session to discuss labor relations negotiations. All in favor.
Acting Mayor Thole
Attest:
City Clerk
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City Council Meeting 98-29
December 1, 1998
. Resolution 98-303: Directing Payment of Bills
Resolution 98-304: Establishing hourly pay rates for part-time firefighters
Resolution 98-305: Requesting variance to Rule 8820.9936 relating to minimum design speed
for Curve Crest Blvd Extension
Resolution 98-306: denying a tobacco license for Jazzy's House of Blues and Cigar Parlor.
Resolution 98-307: authorizing the Mayor to sign the local government loan agreement with
Northern States Power for the energy savings program.
Resolution 98-308: approving the contract with Lehmicke Construction for snow plowing
services for St. Croix Valley Recreation Center.
Resolution 98-309: setting a fine schedule and penalties for alcohol and tobacco compliance
violations.
Resolution 98-310: approving the Cooperative Construction Agreement No. 77535 with
Mn/DOT relating to construction of a park and ride lot at Curve Crest Boulevard and Market
Drive.
Resolution 98-311 approving the execution of contracts with the Stillwater Evening Gazette and
the Courier News for the1999 Legal Newspapers.
Resolution 98-312 approving renewal of tobacco licenses for 1999.
Resolution 98-313 approving re-apportionment of special assessments for subdivision of Parcel
No. 28.030.20.13.0086.
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Ordinance 867 amending Chapter 43 - Liquor, by clarifying inconsistencies in ordinance
related to minimum seating for a restaurant.
Ordinance 868 establishing an administrative hearing process for alcohol and tobacco
compliance violations.
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MEMO
To:
Honorable Mayor and Council Members
Kim A. Kallestad, Fire Chief J! tt.K
From:
Date:
December 9, 1998
Subject:
Council Recognition for Dive Team Members
Six members of the fire department dive team have attained "Master Diver" certification
from the Professional Association of Dive Instructors (p.AD.I.).
Divers must pass Open Water Diver, Advanced Open Water Diver, Rescue Diver, and
earn five additional specialty certifications to achieve Master Diver certification. This is
the highest non-professional diver certification attainable.
In response to a request by one of the dive team members, I have approved the wearing of
a small scuba diver flag on the official fire department uniforms by those that have
reached Master Diver certification.
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I am recommending that Council recognize these six individuals for their
accomplishments by presenting the divers with their dive pins at the December 15, city
council meeting. Coordinator Kriesel approved this very short presentation for the
meeting agenda. Please advise me promptly if you wish it removed from the agenda for
any reason.
Master Divers:
Tim Bell, Assistant Chief
Dave Reichow, Captain
Tom Crotty, Firefighter/Engineer
Steve Zoller, Firefighter/Engineer
Ken Gilliam, Firefighter/Engineer
Tom Flug, Firefighter
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MEMORANDUM
To:
Mayor and City Council
From: Sue Fitzgerald, City Planner ~
Date: December 10, 1998
Re: Heritage Preservation Commission 1999 Chairperson
The Heritage Preservation Commission has elected a new chairperson for the 1999 year.
The new chairperson is Howard Liberman. Howard was appointed to the Commission
10-1-91. The alternate chairperson is Bob Kimabrel.
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Memorandum
To:
Mayor and Council
From:
Modi Weldon, City Clerk
Date:
December 7, 1998
Subject:
1999 Council Meeting Dates
The regular meeting dates for Council are the first and third Tuesday of each month.
One meeting will need to be rescheduled.
The school board wi! be holding an election on Nov. 2, 1999. No meetings are allowed
between 6 p.m. and 8 p.m. on an election day. Council will need to change either the time
of meeting or date.
Following are the dates of the remaining meetings:
January 5 and 19
February 2 and 16
March 2 and 16
April 6 and 20
May 4 and 18
June 1 and 15
July 6 and 20
August 3 and 17
September 7 and 21
October 5 and 19
November 2* and 16
* Date or time change to be determined
December 7 and 21
Council direction is requested for the rescheduling of the November 2 meeting.
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I~. u-: ]{jrchnol' (~A8S0cblte8
13481 60th Stroot ~~odh . :>tlllwater MN 55082 . (612) 1139-:ytOO
FAX: (612) 1\:39 i3<)! ,.
IINdv10ND W KIJ<CHNHl, :;RPA, SR^
:,cnlm Reo! Propelly AJ'Jpr(,lt.flr'
December 14, 1998
Steve Russell, City Development Director
City of Stillwater
216 North 4th St.
Stillwater, MN
Dear Mr. Russell,
RE: Union Pacific Railroad R/W
South of Nelson Street
Stillwater, MN
In accordance with your request, 1 have inspected and am preparing an appraisal
report on the above referenced property.
This appraisal is based on the following:
I . Most of the right-of-way is already owned by the City in that it is located
in a platted street. The appraisal is based only on the arc~\ that may be
owned by the railroad and docs not include land already owned by the City.
(The areas involved are based on my calculations, are rough estimates and
are subject to survey.)
2. The railroad intends to retain an casement to operate the tracts.
fSaseu on the above, it is my estimate that the rights to the land being offered for
sale to the City as of December I, 1998 is:
___,.~.w,",_.,~Eig~JSeven.Thousand Eight Hundred. Dollars
($87,800)
1:0
JS~ ~3NHJ~)~ M ~ ~ 2
S>::<: I 86/1'1,..;:;1
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R. U( [{il'chne r & AssOCi/ltCR
Note: This is a rough estimated and needs a survey to determine area already
owned by the city.
The appraisal report will tollow next week.
Respectfully,
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Raymond W. Kirchner, SRA/SRPA
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c,c. Mr. David M~tgnuson
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 98-315
Ace Hardware
Action Rental
Airtouch Cellular
Amdahl, Chris
Anoka County Sheriff Department
AT&T
AT&T Wireless Services
Bailey Construction
Bailey Construction
Belz, L. David
Board of Water Commissioners
Brad Ragan, Inc.
Braun Intertec
Bryan Rock Products
Capitol Communications
Cardinal Tracking
Carquest Auto Parts
Catco Parts & Service
Century College
Chemsearch
Cincotta, Carla
Coca-cola Enterprises
Courier News
Coverall Cleaning Concepts
Cummings North Central
Dac Industries
Data Base Technologies
Earl F. Anderson
Frank J. Zamboni & Company
Fred's Tire Company
G & K Services
Goodwill
Gopher State One-Call
Healthcomp Evaluations Services Corp.
Hi-Tech Signs
Imagineering
Island Press
Jansens Cleaning Service
John Buckley
Johnson, Ronald
JTS - Deluca Restaurant Supply
Kadin, Chantell
Krougard, les
lake Country Door
lakes Gas Company
league of Minnesota Cities
lawn, Garden, Farm Supplies, etc.
Rent Storage Space
Cellular Service
Dead Bolts Installed
Forfeiture Paper Services
long Distance Service
Cellular Service
Raise, Set Mini Shelter, Repairs
Install Handicap Ramp
Workshop Meals, Mileage
Hydrant Repair, Water for Sod, Pmt
Squad Tires
Consulting Services, Expenses
Rock
Portable Radio
Ticket Writer
Grease, Holder, Beam
Seal for Grader, Sewer Parts
Training Contract
Pipe Sealant, Fuel Treatment
Seminar lodging, Meals
Concession Soda
Newsletter, Ci Proceedings
Monthly Cleaning Service
Grader Part
Toilet Bowl Cleaner
Criminal I Auto Track
legends Signs
Ice Resurfacer
Tractor Tires
Uniform, Mop I Rug Cleaning
Nov 98 ADC Expenses
Nevember locate Calls
Drug Test
Scoreboards, Timers, Ad Panels
Computer Consulting
Paperback Books
Prison, Boiler Maintenance
Inspection Services
Paper, Soap, Supplies, etc.
Coffee Equipment
Conference Meals, Mileage
Compressor Oil
Door Repairs
Gas, Propane, Cylinder Rack
Insurance Deductible
1,744.55
270.00
295.93
140.00
32.80
7.46
15.67
650.00
3,070.00
82.06
144.42
295.47
1,066.50
222.54
60.00
6,298.94
868.67
320.35
458.33
935.14
115.68
787.63
550.66
2,369.63
197.13
151.21
17.78
465.34
79,995.00
123.88
1,827.13
335.49
210.00
22.00
12,606.00
400.50
113.75
1,551.91
240.00
56.38
3,821.67
116.05
113.80
830.25
784.11
500.00
League of Minnesota Cities
League of Minnesota Cities
League of Minnesota Cities/Berkley
Len's Family Foods
Linner, Ed
M/A Associates
Magnuson Law Firm
Maple Island Hardware
Menards
Metro East Development Partnership
Metropolitan Council
MN Dept of Admin-Documant Svcs
MN Dept of Public Safety
MN Dept of Public Safety-Training
North Shore Compressors
Northwestern Tire Co.
Ocean Enterprises
Over EZ Dive Center
Parts Associates
Peltier, William
Pennwell Publishing
Pitney - Bowes
Quill Corporation
R & R Specialties
ROO Equipment
Real Estate Appraisal
Reidt, Dr. Rick & Karen
Rivers, Margaret
Rockhurst College
Rose Floral
Saint Croix Car Wash
Saint Croix Caterers
Saint Croix Office Supplies
Saint Croix Office Supplies
Saint Croix Office Supplies
Saint Croix Valley Hockey Association
Sanders, Shawn
Science Museum of Minnesota
Sentry Systems, Inc.
Service Environmental & Engineering
Shorty's
Stillwater Area Chamber of Commerce
Stillwater Ford
Stillwater Motor Company
Stillwater Texaco
Streichers
T A Schifsky
Tousley Ford
Tran, Kathleen
~
j
Auto Insurance Premiums
Insurance Premium
Fireworks Coverage
Meat and Cheese Tray
Election Judge Payment
Toilet Blocks
Prosecution, Legal Services
Paint, Gloves, Ext Cord, Shovels
Saw, Blade, Pane, Concrete, etc.
Membership Investment
Monthly SAC Charges
Microfilming Services
Intoxylizer Course
Child Abuse Classes
Test, Repair Compressors
Casing, Wheel Change, Alignment
Mask, Hose, Console
Regulator, Tank Bags
Lugs, Nuts, Bolts
Waork Boots, Laundry Soap
Training Book
Postage Meter Rental
Holiday Cards
Ice Paint, Repair Gate, Pads/Post
Repair Engine, Ring, Gasket
Huntsman-Larson Condemnation
Grading Deposit Refund
Convention Grant Refund
Conference Fees
European Garden
Police Car Washes
Management Services, etc.
Cartridges, Paper, Folders, etc.
Award Kits, Cartridge, Disks, etc.
Filing Cabinets, Folders, Cartridges
Cashed NSF Check Refund
Traffic Calming Conference
Pagemaker Class
Security, Phone, Surveillance, etc.
Myrtle Dump Professional Svcs
October Laundry
Autumn's Gala Affair Tickets
Leaking Axel Seals
Repair Unit 208
Fuel
Target Ammo, Practice Ammo
Asphalt & Tack
Wire Assembly
Mileage-Tax Seminar
1,612.00
44,652.25
500.00
42.86
57.00
55.37
9,537.73
116.05
660.00
500.00
5,643.00
4,044.29
200.00
80.00
253.88
1,000.66
5,048.72
405.77
53.25
179.29
40.44
317.90
261 .29
4,371.80
3,076.58
157.44
1,500.00
5,000.00
295.00
214.00
42.69
33,752.85
497.51
438.58
457.20
23,040.00
45.00
139.00
19,164.86
582.50
57.78
400.00
258.84
554.17
3,040.20
408.75
443.14
9.78
12.00
.
.
.
.'
/\
. Trio Supply Company Napkins, Cups, Dispenser 315.81
Twin Cities Service Center Radio Parts & Labor 551.53
Ultimate Data Systems Freight, Sales Tax 14.68
Van Paper Company Towels, Can Liners, Toilet Tissue 370.89
Viking Office Products Cartridge, First Aid, etc. 117.73
Walmart Drill & Bits 101.09
Walmart Cassettes, Dustpan, Bandaids 54.70
Warner's Stelfian Washer and Dryer 1,818.34
Washington County Administration Copy Paper 100.20
Washington County Administration Copy & Computer Paper 162.00
Washington County Auditor Recording Fees 78.45
Washington County Recorder Attest Copies, City vs. Hansen 85.50
Waste Management Recycling Charges 49,609.10
Wet Technology, Inc. Cooling Tower Treatment, etc. 560.30
Wybrite, Inc. Maintenance 576.00
Yocum Oil Company Cayuga Work 250.00
Yocum Oil Company Parks Gasoline 219.09
MANUALS
Firstar Bank Purchase CD 1,000,000.00
Hi-Tech Signs, Inc. Dasher Board Signs 7,625.00
Saint Croix Recreation Center Change Fund 900.00
. ADDENDUM TO BILLS
Air Touch Cellular 40.32
American Society of Landscape Architects GIS in Site Design 48.95
Becker Arena Products Rivets-Dasher Board 231.52
Crotty, Tom Lapel Bar Driver 35.94
Courier News Publication 92.75
George W Olsen Construction Company Application #13-St Croix Valley Rec Center 434,864.00
Johnny's TV PA System Repair-Lily Lake 175.64
Lamettie & Sons Gate Removal 300.00
Minnesota Playground, Inc. Soccer Goals 12,768.08
MN Ice Arena Manager's Assn Annual Memebership-Shield, Kevin 150.00
MN State Board of Accountacy License Fee 45.00
Northern States Power Company Gas & Electric Charges 16,236.47
Sentry Systems Monitoring Service 19.06
Tree Trust Workshop-Brown, Nancy & Peterson, Leah 260.00
Turning Pointe Business Cards 631.55
US West Communications Telephone Charges 2,655.75
University of MN Building School-Zepper/Shilts 330.00
Valley Trophy, Inc. Coffee Mugs, Plaques, & Awards 1,327.38
Total Due: $1,832,226.05
.
I
Adopted by the City Council this 15th day of December, 1998.
APPROVED FOR PAYMENT
.
.
.
.<""
..
.
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION 98-315
.
Ace Hardware
Action Rental
Airtouch Cellular
Amdahl, Chris
Anoka County Sheriff Department
AT&T
AT&T Wireless Services
Bailey Construction
Bailey Construction
Belz, L. David
Board of Water Commissioners
Brad Ragan, Inc.
Braun Intertec
Bryan Rock Products
Capitol Communications
Cardinal Tracking
Carquest Auto Parts
Catco Parts & Service
Century College
Chemsearch
Cincotta, Carla
Coca-cola Enterprises
Courier News
Coverall Cleaning Concepts
Cummings North Central
Dac Industries
Data Base Technologies
Earl F. Anderson
Frank J. Zamboni & Company
Fred's Tire Company
G & K Services
Goodwill
Gopher State One-Call
Healthcomp Evaluations Services Corp.
Hi-Tech Signs
Imagineering
Island Press
Jansens Cleaning Service
John Buckley
Johnson, Ronald
JTS - Deluca Restaurant Supply
Kadin, Chantell
Krougard, les
lake Country Door
lakes Gas Company
league of Minnesota Cities
.
lawn, Garden, Farm Supplies, etc.
Rent Storage Space
Cellular Service
Dead Bolts Installed
Forfeiture Paper Services
long Distance Service
Cellular Service
Raise, Set Mini Shelter, Repairs
Install Handicap Ramp
Workshop Meals, Mileage
Hydrant Repair, Water for Sod, Pmt
Squad Tires
Consulting Services, Expenses
Rock
Portable Radio
Ticket Writer
Grease, Holder, Beam
Seal for Grader, Sewer Parts
Training Contract
Pipe Sealant, Fuel Treatment
Seminar Lodging, Meals
Concession Soda
Newsletter, Ci Proceedings
Monthly Cleaning Service
Grader Part
Toilet Bowl Cleaner
Criminal/Auto Track
legends Signs
Ice Resurfacer
Tractor Tires
Uniform, Mop / Rug Cleaning
Nov 98 ADC Expenses
Nevember locate Calls
Drug Test
Scoreboards, Timers, Ad Panels
Computer Consulting
Paperback Books
Prison, Boiler Maintenance
Inspection Services
Paper, Soap, Supplies, etc.
Coffee Equipment
Conference Meals, Mileage
Compressor Oil
Door Repairs
Gas, Propane, Cylinder Rack
Insurance Deductible
1,744.55
270.00
295.93
140.00
32.80
7.46
15.67
650.00
3,070.00
82.06
144.42
295.47
1,066.50
222.54
60.00
6,298.94
868.67
320.35
458.33
935.14
115.68
787.63
550.66
2,369.63
197.13
151.21
17.78
465.34
79,995.00
123.88
1,827.13
335.49
210.00
22.00
745.00
400.50
113.75
1,551.91
240.00
56.38
3,821.67
116.05
113.80
830.25
784.11
500.00
League of Minnesota Cities
League of Minnesota Cities
League of Minnesota Cities/Berkley
Len's Family Foods
Linner, Ed
M/A Associates
Magnuson Law Firm
Maple Island Hardware
Menards
Metro East Development Partnership
Metropolitan Council
Minnesota Dept of Admin-Documant Svcs
Mn Dept of Public Safety
MN Dept of Public Safety-Training
North Shore Compressors
Northwestern Tire Co.
Ocean Enterprises
Over EZ Dive Center
Parts Associates
Peltier, William
Pennwell Publishing
Pitney - Bowes
Quill Corporation
R & R Specialties
ROO Equipment
Real Estate Appraisal
Reidt, Dr. Rick & Karen
Rivers, Margaret
Rockhurst College
Rose Floral
Saint Croix Car Wash
Saint Croix Caterers
Saint Croix Office Supplies
Saint Croix Office Supplies
Saint Croix Office Supplies
Saint Croix Valley Hockey Association
Sanders, Shawn
Science Museum of Minnesota
Sentry Systems, Inc.
Service Environmental & Engineering
Shorty's
Stillwater Area Chamber of Commerce
Stillwater Ford
Stillwater Motor Company
Stillwater Texaco
Streichers
T A Schifsky
Tousley Ford
Tran, Kathleen
Auto Insurance Premiums
Insurance Premium
Fireworks Coverage
Meat and Cheese Tray
Election Judge Payment
Toilet Blocks
Prosecution, Legal Services
Paint, Gloves, Ext Cord, Shovels
Saw, Blade, Pane, Concrete, etc.
Membership Investment
Monthly SAC Charges
Microfilming Services
Intoxylizer Course
Child Abuse Classes
Test, Repair Compressors
Casing, Wheel Change, Alignment
Mask, Hose, Console
Regulator, Tank Bags
Lugs, Nuts, Bolts
Waork Boots, Laundry Soap
Training Book
Postage Meter Rental
Holiday Cards
Ice Paint, Repair Gate, Pads/Post
Repair Engine, Ring, Gasket
Huntsman-Larson Condemnation
Grading Deposit Refund
Convention Grant Refund
Conference Fees
European Garden
Police Car Washes
Management Services, etc.
Cartridges, Paper, Folders, etc.
Award Kits, Cartridge, Disks, etc.
Filing Cabinets, Folders, Cartridges
Cashed NSF Check Refund
Traffic Calming Conference
Page maker Class
Security, Phone, Surveillance, etc.
Myrtle Dump Professional Svcs
October Laundry
Autumn's Gala Affair Tickets
Leaking Axel Seals
Repair Unit 208
Fuel
Target Ammo, Practice Ammo
Asphalt & Tack
Wire Assembly
Mileage-Tax Seminar
~,
J>
1,612.00
44,652.25
500.00
42.86
57.00
55.37
9,537.73
116.05
660.00
500.00
5,643.00
4,044.29
200.00
80.00
253.88
1,000.66
5,048.72
405.77
53.25
179.29
40.44
317.90
261.29
4,371.80
3,076.58
157.44
1,500.00
5,000.00
295.00
214.00
42.69
33,752.85
497.51
438.58
457.20
23,040.00
45.00
139.00
19,164.86
582.50
57.78
400.00
258.84
554.17
3,040.20
408.75
443.14
9.78
12.00
.
.
.
.....
..
.
.
.
Trio Supply Company
Twin Cities Service Center
Ultimate Data Systems
Van Paper Company
Viking Office Products
Walmart
Walmart
Warner's Stellian
Washington County Administration
Washington County Administration
Washington County Auditor
Washington County Recorder
Waste Management
Wet Technology, Inc.
Wybrite, Inc.
Yocum Oil Company
Yocum Oil Company
Napkins, Cups, Dispenser
Radio Parts & Labor
Freight, Sales Tax
Towels, Can Liners, Toilet Tissue
Cartridge, First Aid, etc.
Drill & Bits
Cassettes, Dustpan, Bandaids
Washer and Dryer
Copy Paper
Copy & Computer Paper
Recording Fees
Attest Copies, City vs. Hansen
Recycling Charges
Cooling Tower Treatment, etc.
Maintenance
Cayuga Work
Parks Gasoline
315.81
551.53
14.68
370.89
117.73
101.09
54.70
1,818.34
100.20
162.00
78.45
85.50
49,609.10
560.30
576.00
250.00
219.09
.......
..
STAFF REQUEST ITEM
.
I Department: Fire
I Date: December 3, 1998
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Audio Visual Equipment for Fire/Police Training Room:
Panasonic Television and Video Cassette Recorder
Wall-mounting bracket for TVNCR
Apollo Overhead Projector and Cart
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)
TVNCR
Mounting Bracket
Mounted Speaker System
Overhead Projector and Cart
2 Electrical Surge Protectors
Total
$585.
$140.
$250.
$450.
$ 95.
$1,520
.
$2,000 budgeted for audio/visual in 1998 C/O funds. Because individual
items are less than $1,000, expenditure will be from the fire department
miscellaneous account in the normal operating budget. Total audio/visual
expenditure will be $480 less than budgeted.
All equipment will be used regularly by both fire and police and also
available for other departments as needed.
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 Kallestad, Fire Chief
Date: December 3, 1998
.
..
.
.
.
.
RESOLUTION NO. 98-
DESIGNATION OF DEPOSITORIES FOR 1999
Be it Resolved by the City Council of the City of Stillwater, Minnesota, that the following are hereby
designated as City depositories for the year 1998:
Central Bank
F irstar Bank
NorwestBank
U.S. Bank
Wells Fargo Bank
Adopted by Council this 15th day of December, 1998.
Attest:
City Clerk
Mayor
--
.
Memo
.
DATE:
December 10, 1998
TO:
Mayor and City Council
Chantell ~~
Administrative AssistantlPersonnel Coordinator
FROM:
RE:
Pay Phone Contract for St. Croix Valley Recreation Center
We have received a quote from Miller Telecom, a pay phone vendor, for the St. Croix Valley
Recreation Center. I have attached a copy of the proposed contract for your information.
If the City chooses to contract with Miller Telecom, the contract would be in effect for a period
of seven (7) years. The City would not be responsible for a phone bill. The City would be paid .
15% of the net revenue from the pay phone. Net revenue is determined by total coin intake less
the phone bill.
Weare also in the process of reviewing the terms of the pay phone service at Lily Lake Arena.
Recommendation
Staff recommends contracting with Miller Telecom for pay phone services at the St. Croix
Valley Recreation Center.
CONTRACTS\MILLER TELECOM
.
.
RESOLUTION No. 98
APPROVAL OF PAY PHONE CONTRACT BETWEEN THE CITY OF
STILL WATER AND MILLER TELECOM
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract
between the City of Stillwater and Miller Telecom to provide pay telephone service for a
period of seven years at the St. Croix Vally Recreation Center is hereby approved, and
the appropriate city staff is authorized to sign said contract.
Adopted by the City Council this 15th day of December, 1998.
Jay Kimble, Mayor
ATTEST:
.
Modi Weldon, City Clerk
.
12/10/1998 15:08
512-475-4514
HILLER TELECOM
PAGE 02
Miller Telecom
-'714 'f)~ t4 (JI ~ S-'u .
.
PAYPHONE LOCATION LEASE AGREEMENT
THIS AGREEMENT is between Miller Telecom of Plymouth, Minnesota, hereinafter referred to as "Company". <1I1d
City of Stillwater 216 North Fourth Street Stillwater MN 55082 (651)430-8800
"Hu~jn"5:; ()wn.;r"
SlIeet Address
City
State
ZipCllue
O\\ll1cr', I'hlln:: #
In consideration of lh~ promisl:,~ lI1ld mutua] cQvenants, tonditions, stipulations, llnd agreements stated hclow. Company ,lOd Husin.;,,~ Owncr .Jgn:c
as tol(ows;
1. LOCA TION OF PA VPHONE. The pay telephone (~pa)'p/lQne") and other relaf'~e<luipm"nt, that is the "lIbjcc! of lhis /\gn,:cllIent. will ne
located at the following liddn:ss:
Location Address:
St. Croix Valley Rec. ctr.
BusincS$ Name
1675 Market Drive Stillwater
Street Address City
MN
~5082 J.??~) 430-260!
State
ZipCudc
B\lsirlCSS I'n!)ne II
2. LEASE OF' SPACE FOR PA VPHONE. Business Owner llgrecS to lease to Company the spac~ immedialely adjacent tll tbe payph(>l1l;
lucation. including the wllll, tloor. or Other portion of the premis;s adjacent to the payphonc: location. The )e<lS~ Ilf the ~pli~C will he lilt. Hmong
other things. the installation. servicing. and repair of the payphone, the normal operation Md use of thc payphonc. anu the colk<:lhlll of all llloncy
deposit~d in the payphone.
3. COMMISSION PAYMENT, CornpllJlY agrees to pay Business Owner a monthly commission paym<.'t1t as set forth below; .._
15% of net revenue from the pay phone (net revenue=total coin intake - phone bill)
4. MAlNTENANCt OF EQUIPMENT. Company shall service and main13in the payphonc and other rch;t~d l.."quipm<:nt in l!1l\ld \vorkil1t: llrd~r.
Compuny will pay for all ~uch service MC mainteowcc, except tbat if the payphone or rdated equipment is damaged hy Il\Jsjl1e~s OWll\:r . its :Jg.cllb,
er its cmpl\l;-'cc:;" then 8U$il1~s OWrnlr will pay for all nec~ repairs. BUsine~s Owner shall notify Company prompt!y or :lIlY filillJrc of tb.:
PllY~honc: to funclion and ~1Ja1l pennit ooly authorize4 ll~nt3 of CompllIlY 10 remove. open, adjust, or repair the payphollc lIT other related
equlpmc:nt. .
~'. . INDEMNITY. h\13ine~~ Owner a~sumcs liabiiily for. and agrees to indemnify, and hoid Company hilrmlcs~ 1i-I,f1l <lfl)' Jiahility. h,..;~ or dill11i1gC
Ort5lng outurll1eu~c. conditiQl'1. or operati,)n oftne payphone, e;lCCp( for routine service and maintenance. The indClJ'lniti<.:~ und ibSUlllplioll:\ llfln.;
liability atld obligations de~ri~d in this pllregiilph. ~halJ continue in full force and effect until the termination of this ^grcclllelll and ~hall apply (0
illl liabilities which may arise during the term of this 'Agreement. . ...
6. SIGNA TURES. This Agreement shall notbccome eff<<iive or binding on eitb.::r party until it has becn ~ig!1l.:d and cx-:eulcd hy ~11 owner.
c~rporale otTic:cr. (lr .Igent of Bu~ines", Owner who is llUthCrizc:d to sign this Agreement pursuant to paragraph 1 Sand hy u wrp"rJlc ulliccr or
Compll1lY.
7. ENTIRE AGREEMENT. Thi~ written Agrc:ement represents the entire Agrec:ment between Owner and CI'mpany and all prior writtep and
oral eO:r':'TIunir;lItions regarding this Ag('e(lTlcnt shall have no affect on the terms of this Agreement. 'l'hi.\ Agreement muy !Jot be amended, allereo.
nr muddlcd unl\J~S done,o in writing and th~ addendum signed by both parties as r~quired by this Agreement and altach<:d In lhj~ ^grcclJlcllt:
TJ.lE AOOfTJQNAL TERMS AND CONDITIONS ON THE REVERSE SlOE HEREOF ARE INCORPQRATf,O lH;Ht-;IN I\ND I\RE
MADE A PART OFTHIS AGREEMENT.
FOR:
City of Stillwater
:-lite Location Name (PI. EASE PRP.>IT)
FOR:
MILLER TELECOM
BY:
BY:
Signature. Authori7~d ReprtjCT1utiVt
~i8n3Iur". "Company" (Jrn~er
BY:
BY:
lnd<pwdent Salts ('(1nlr~qtl'
Name (PRINTED PLEASE)
TITLE:
TITLE:
DATE:
DATE:
.
.
.
.
12/18/1958 15:6e
MILLER TELECDvl
. PAGE 133
612-476-4514
8. ACCESS TO LEASED SPACE. Company shall have exclusive control and possession ofth\: lea.'\Cd space except that Hu~im:~:; Owner slHlII
have thl! right to U:'\C or have access to the space tOr any pUl"pose necessary for the operation of the building or the bu~inc~~ ()wncr'$ lIu:<incss which
d()!::~ no! intc;rfere: with Company's operation and maintenance of its equipment. Business Owner shall maintain free and uDllo:;tn.:eled ,lccess tn the
pay phone and other related ~quipmeJ1l.
9. PA YM~NT OF TEl.EPHONE COMPANY CHARGES. Company shall pay all charges of the area tckph(lne comp:tr.y rehl\':" to th.:
installation. maintenance. and US< of the payphone. unle$S ~cifjca!ly )'lQted othcrw~c as follows: _..
'__"__'._H" _._..
10. UTILITIES. Company may Cooncct its equipment to and through the electric or other neccssary utijity lines 3t the Pil)'phone loeati,," "nu
IlS\:! such uIlIiti<::\ at 00 additional c:harge to Company.
11. EXCLUSIYE LlCENS~. Bu~ines~ (lV/lief repfe~ts that there is no otlm Agreement prc::~tly in cffe<.:t und no other Agreement which
will he io dTc;:t upon c:ommenetmc:nt of thi:l Agrumer.t in connection with. Ihe operation of any oth\:!r pay teh)phon~ c4uipmcllt at lh.; hU.~jfl-:SS
add~cs~, and thut B\t~in(ss Owner will not. during the term ofthi3 Agreement. install or use or permit any othcr pay telephone equiprncni tel h..;
installed al thl: business add~ss.
12. SECURITY. Ausint3s Owner shall ptovide: adequate: security for the payphone and related equipment. In the ..:vcnt Bcsine:;~ Own"r filib Co
provide. or is unable to provide. ~ueh sc<:urity and Company's equipment is burglllIized or vandalized then Company mil)'. at ib oplim1. laminal<.;
thiS Agrecmcnl.
13. TITLE TO EQUIPMENT. Title to ~Il equipmenlllnd any fixtures, wiring, conduit, and aece:o.sorics supplicd or installed hy ('(lmpan} shall
31111lIi",c~ n.:lTlain In and be held by Company and upon the expiration and termination ofthi5 Agrc..'cm<:111 by I~p$c of lime or (lthcrwi,;c. e"mrill1y
,Im.n hw<: the right to r(move all such property (rOrTI the bu.sines.s address. .
14. EASEMENT. The 8usjne~s Ownc::r hereby grants unto Company as a part of .this ^gree;t1ent. an C"<l.:It:rrJcnt throug.h and acrlJ~~ the preltlb.:
where the payph(lnc ill I()(atcd so that Company may ertler and c)(it $aid premises when installing, maintaining. scrvicinl;. (Jr r<;movillg Ihe payph'JnC
~nd other related equipment. Bu:\jrn:;~s Owner warrants 35 part of this Agreement that he hll-' the right and or authority to e;th::nd lhi~ Fa,;cmcfll ilS
either owner or tenant orthc premises where the paypbone is fO(:ated.. ... ... .. . . .
15. A lITHORITY TO SIGN. Bu~iness Owner repre:ll:nt~ that it is the owner, ~nefici31Y. lessee or duly aUlhorized marwger OT CXer;11t i\'c agent
oflhe premi~e~ at the businc33 address and that Business Ownt, bas good right and lawful authority tll cxecut': lhi~ Agn:cm\.'lll. BUsinc~;.; (IINncr
shall provide evidence thCl'1!Of at the r~ucst of Company. If payphone is to Ix: placed outside of premise. on CC1mmon area grollnd~. Ih<.:o nwn~r of
$aid grounds must give written app(oval.
16. INST ALU TION DATE. Equipment 10 be: installed pursuant to this Agreement will be installed wjthinunc ;l\meh'<.llwenly 112tll da)'~ of
the d,!t~ ofthis ^grecmcnt or if the i\greeme'1t b sig.ned before alll1nal r~g1JllIt(Jry approval by all nec\.'S~ary li;d\.'r.I1. stale ;IIlJ .:lllJlJly CIllllmbsiOIlS.
Ihe equipmenl is to ~ in~lIl\ccl within one hundred twenty (120) days of that date.
17. ST....TEMENT OF AGENCY. Business Owner authorized Company to obtain and revi~w all n.:t;ord~ oflhe urca telephone company
relating to the prior oJX:rations of all pay lelcphoneslotated at the business address. Upon.exeevt40n of this Agreement. Husil)c~~ ()wm:r (ill;:S l!r;IJH
to a.'1cJ aUlhorir.<: Compll1lY to be the BlJ3ilJ(:ss Owner's agent in regards to all matters rl;l~ting to payphon" tdecnmmunicalie)Jl~. :-lllt:h mllllori....nioll
shall remain in effeellhTQUghout the cffective tetm of this Agreement.
18. UCC FILING. Owner ag(l;cs to execute all documents and p~ers made pursuant to the Uniform Commcrd:ll C(ltj~ which prlltccts
Company'~ rights in the payphone and other related equipment. .... .'
19. SUCCESSORS. Thi., Agreeml!nt shall be binding upon and shall jnur.; to the benefit of Business Owner and ('ompany aflU thdr re'petliv\:
~ur.:ces:;ors, hdr~. and llssign~ including any future owners. bendldarills, or ll:!Ssees Qf the premises located at thchllsin..:ss acJdr..:ss. It. b the
int~ntiC1n of the partk~ .that the inte:rest granted to Company h~Tr:in shall run with the l:md.MilJer Telecom lTJay vs;,igo or sell its [Jll..:rl;st in IlIi<;
Spae..: \.1::351: Agrecmcllt at its option without noti.;c. ...... ..
::HJ. TERM. This Agrc<:ment shalt be in effect for a term of seven (7) years from the date that ~II necc~~ory ~ignaturc~ hav.,; h~..:n allixcd hI thb
A?-.rce.ment This Agr~elTJent ~holl automatically be renewed theruner for successive SC:VCll (7) year terms. unks~ dthcr party s..:rvc~ wrill.:n r.otkc
(llll'i Intent not to renew !hi:; Agreement upon tt)c other party not Ic3S tban one hundred twenty (120) days nor mon.: Ihan one hundrecl ci~hty (I XO)
days prior to the expiration of the term of this Agreement.
21. TERMINA TJON AND REMOVAL RIGHTS. In addition to any other t~minatiQI) righL~ cnjuyed by ('ol11p;l.ny. COlllpm'j' Ilia) l-:rlllinak
t!lis A~rC1;m~nt for Q:1>, rel\..~on. at any time. Bvsincss Owner will allow Corope.oy aeec::ss to the locatIon or all Company's etJuipm~nl:i1l (hi" \11;;
cquip(Tl<:nl clln be removed.
22. ADDITIONAL PA )'f'l{ONES OR EQUIPJ\otENT. If more than one payphooe Or if additional equipmelJt is in~\;tlkd hy (\:Illpany ilt Ill.:
businc.,-s address. ~uch payphonc or equipment shall be govero<:d by the terms of this Agrtem~nl.
23. ADDRESSES. Whenc~'cr this A8r~mt:T11 require~ that notice be servcd by one party uPQn the oth<:r pvrty. ~i)ch .wl;.:.: sh;ll1 II,: ~JIlIl) the
Joilowing: addrc.'i~C:~. MI s\lch corrcspondcnc~ shall bc sent by u.s. Post, ~rtificd Mail. Return Receipt Rcquc;;tcd.
For Company:
For Business Owner:
MILLER TELECOM
140Q-F Hwy. lOt North, Suite # 115
PL YMOUTH. MN 55447-3064
Phone and FAX: 612-476-4514
STAFF REQUEST ITEM
.
I Department: Fire
I Date: December 8, 1998
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Self-Contained Breathing Apparatus (SCBA) Cascade Filling System.
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)
$4,320. This money was budgeted in 1998 as C/O for twelve SCBA
facepieces. The fire department starts the process in 1999 to replace all SCBA
in the Department with new high pressure SCBA that meets National Fire
Protection Association (N.F.P.A.) Standard #1500. The new SCBA equipment
will necessitate this proposed upgrade to the cascade filling system.
1998 C/O is the proposed source of funds. .
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 Kallestad
Date: December 8, 1998
.
STAFF REQUEST ITEM
. DEPARTMENT: Administration/Engineering
DESCRIPTION OF REQUEST (Briefly outline what the request is):
DATE:
December 9,1998
Request to digitize remaining engineering drawings and purchase shelving for the basement area for various
departments for records retention.
.
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)
Data Retention Funds - $4,500 (approximately) and the remainder from the Building Project Fund.
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 tRDER T31'E PLACED IN THE COUNCIL MATE. RIAL PACKET.
SUBMITTED BY tlLk t.V~' DATE:
KIa ton E'ckles, City Engineer
SUBMITTED BY DATE:
Morli Weldon, City Clerk
December 9,1998
December 9, 1998
STAFF REQUEST ITEM
.
DEP ARTMENT
Finance
MEETING DATE
December 15. 1998
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Tektronix Phaser 740 Plus Printer
FINANCIAL IMP ACT (Briefly outline the costs, if any, that are associated with this request and .
the proposed source of the funds needed to fund the request)
Financial Impact: $2.900.00 (Price Includes Shipping & Sales Tax)
Source of Funds: Finance Department 1998 Capital Outlay
ADDITIONAL INFORMATION ATTACHED YES
NO~
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL
MEETING PACKET.
SUBMlTTEDBY rf)f)JJ!?JYC /
DATE
December 10. 1998
.
. MEMO
Date:
Mayor and City Council ^ ./
Steve Russell, Community Development Director 1l,...-"'"
Consultant Services for Coordinating Phase II Levee Wall Construction with
Mulberry Point Area Park Improvements
December 10, 1998
To:
From:
Subject:
At your Council meeting of December 8, 1998, staffwas directed to proceed with the process
necessary to sell a portion of Mulberry Point to the Stillwater Yacht Club and prepare plans for
reclaiming Mulberry Point for park use. .
Bill Sanders of Sanders, W acker, Wehrman, Bergley assisted the City with preparation of the
Lowell Park Plan and Phase I Levee Wall Construction. Based on their familiarity with Lowell
Park and the Levee Project, it is recommended they be retained to prepare preliminary design
plans for the Mulberry Point Area.
.
The plans will provide elevation information necessary to determine the impact of possible land
sale on the park area, concept improvement plans for Mulberry Point showing the performance
area, streets and pedestrian paths, parking areas and Mulberry Street crossing. The maximum
cost ofthe service is $5,000. The consultant will be paid on an hourly basis.
Recommendation: Approve letter of agreement for services (resolution).
Attachment: Proposed Mulberry Point Design Study Scope of Services.
.
12,'10/98
16:57
s W W B ~ 4308810
NO. 662
(;0.3
Proposal to the City of Stillwater
for Landscape Architectural Services
.
December 10, 1998
Sanders Wacker Bergly, Inc, Landscape Architects and Planners, propose to the provide the
following Scope of Services for work on Mulberry Point in connection with the Phase II Levee Wall
Project in Lowen Park:.
SCOPE OF SERVICE~
Task 1.
Review and Coordination.
a. Review the plans for the Phase II levee wall project and coordinate the plans with the
Master Plan for Lo'W-ell Park that was prepared by Sanders Wacker Bergly, Inc.
b. Meet with City staff: consultant team and Corps of Engineers to coordinate the plans
and resolve any differences or issues.
Task 2.
Design Development.
a Study the design issues and prepare plans related to Mulberry Point with particular
attention to the following:
i. Grading and drainage
ii. Existing vegetation
ill. Walks and pedestrian circulation
lV. Drive access and vehicular circulation
v. Lighting
vi. Landscaping
vii. Connections to adjacent areas
.
b. Review opportunities to implement portions of the Master Plan or to facilitate the
future park development on Mulberry Point.
c. Meet with City staff, City commissions and others related to the future park
development.
FEES
.
Sanders Wacker Bergly, Inc., proposes to provide the services described herein on an hourly basis,
not to exceed $5,000.00.
ProfXJStll for
LuweU ParkIMlllberry Point
December, 1998
1
Sander'S Wacke, Bergly
Landscape Architects flIId Planners
.
12/10/98
16:58
.
II
.
.
Proposal 101'
Lowell PtU'k/Mlllberry Point
5 W W 9 ~ 4308810
NO. 662
005
BACKGROUND
Sanders Wacker Bergly, Inc. is a professional linn offering high quality
services in landscape architecture and site planning. We have established an
outstanding record of service to OUf clients, award winning design, technical
competence and cost effective solutions.
Sanders Wacker Bergly, Inc. has an experienced and highly qualified staff
who are dedicated to serving the best interests of the client with creativity
and commitment.
STAFF
William Sanders, President
Larry L. Wacker, Vice-Pres.
John O. BergJy, Vice-Pres.
Mark Salzman
David Wanberg
Greg Johnson
Carmen Simonet
Joseph Favor
Dawn M. Nippoldt
SERVICES
LANDSCAPE ARCHITECTURE
URBAN DESIGN-AND PLANNING
SITE AND LAND PLANNING
DOWNTOWN REVlTALIZATION/STREETSCAPE
PARK AND RECREATION PLANNING DESIGN
LAND RECLAMATIONIENVIRONMENTAL SERVICES
CEMETERY PLA.'INlNG
Landscape Architect
Landscape Architect
Planner
Landscape Architect
Landscape Architect
Landscape Architect
Landscape Architect
Landscape Architect
Office Manager
APPROACHANDPBILOSOPHY
As Landscape Architects and Planners, Sanders Wacker BergIy, Inc. are
dedicated to the philosophy that man must live in harmony with nature, that
our outdoor environments are integral to our quality of life and that we must
utilize the land with sensitivity to the needs of future generations.
Sanders Wacker Bergly, Inc. believe that close communication between the
client and design team is crucial to the success ofa project and that one of
the firms principals should be in direct charge of each project. The success
and the reputation for quality work that our firm has enjoyed is a result of
an efficient and. dedicated team.
EQUIPMENT
ffiM compatible computers with WordPerfect, AutoCad 13 and 14,
ArcView, ArcCarl, Page Maker and Photoshop software. Hewlett Packard
PrinterslPlotters (lIP LaserJet m. HP 860 color inkjet and HP650C Plotter).
Umax Scanner.
December, 1998
3
SImtk7s Wacko Bergly
LlI1fdscape ArclJitu:ts ilM Pl4nners
12/E;V98
17:00
II
REGISTRATION
EDUCATION
WORK
EXPERIENCE
PROJECT
EXPERIENCE
P1oposill fo,
L~/l Ptuk/Mulbe"Y Point
s W W B ~ 4308810
NO. 662
(;107
MARK SALZMAN
REGISTERED LANDSCAPE ARCHITECT
.
Landscape Architecture License - State of Minnesota - 1987
Landscape Architecture License - State of Wisconsin - 1997
University of Minnesota - Bachelor of Landscape Architecture, 1982
April 1991 -
Present Sanders Wacker BergIy, Inc.
Landscape Architect Working primarily as a project designer
in streetscape, park, commercial and civic design.
..
1987 - 1991 Architectural Forum, Inc,,'"
Project Designer from concept design through working
drawings.
1985 - 1987 Ernst Associates
Project Designer from concept design through working
drawings.
1984 - 1985 Software Strategies, Inc.,
Design and illustration of software packaging, cartooning,
advertisement layout, illustration of ads and articles and
product promotion at national trade shows.
1983 - 1984 Southview Design and Construction
Responsible for all phases of design.
1978 - 1985 Freelance Designer/Artist
Self-promotion, landscape design, architectural perspective .
rendering, illustration, cartooning, logo, letterhead and
brochure design and fabric banner design.
Greenway Corridor Plan
Minnehaha Park
Sauk River Park
Paradise Park
Nadeau Wildlife Area
Community Park West
Lowell Park
Sibley Park:.
Luxton Park
Metropolitan State University
Grandview Streetscape
Capitol Mall Studies
Lowertown Park
Getbsemane Cemetery Master Plan
Oethsemane Cemetery MausoleumJOffice Complex
Maplewood Community Park
Forest Lawn Gateway Improvements
Roy Wilkins MemOrial
New Brighton City Center Streetscape
New Brighton, MN
Minneapolis,. MN
Melrose, MN
Chisago City, MN
Little Canada, MN
Vadnais Heights, MN
Stillwater, MN
Minneapolis, MN
Minneapolis, MN
St. Paul, MN
Edina, MN
St. Paul, MN
St. Paul, MN
New Hope, MN
New Hope, MN
Maplewood, MN
Roseville, MN
Capita} Mall, St. Paul, MN
New Brighton, MN
December, U91l
j
.
Sandos Wacker Bergly
Lan4scape Architects and Pl4nners
.
.
.
RESOLUTION NO. 98-
ACCEPTING PROPOSAL AND APPROVING AGREEMENT
BETWEEN THE CITY OF STILLWATER AND
SANDERS WACKER BERGLY, INC., FOR LANDSCAPE SERVICES
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the proposal of Sanders
Wacker Bergly, Inc., for landscape architectural services for the Phase If Levee Wall Project
and related work on Mulberry Point, is accepted and the agreement between the City of
Stillwater and Sanders Wacker Berg1y, Inc., is hereby approved. . ""
Adopted by Council this 15th day of December, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
RESOLUTION NO. 98-
ADOPTING DELINQUENT UTILITIES
LOCAL IMPROVEMENT NO. 001
WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent utility
charges.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the
following list constitutes the delinquent utility charges and is hereby levied as an assessment against
those parcels and the total is $195,721.60.
Adopted by the Council this 15th day of December, 1998.
Mayor
Attest:
City Clerk
.
.
.
ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
)ATE SUBMITTED: DECEMBER 16, 1998
'FW- EeT NUMBER: 00001
;-1 T '(EAR: 1999 \{EARS 01
.CJDE GEO. CODE
A 2003020130012
f\ 2003020210052
~; 2003020220009
A 2003020230036
A 2003020240006
A 2003020240009
A 2003020320001
A 2003020330022
A 2003020330036
A 2003020330038
A 2003020340010
A 2003020340025
A 2003020340032
A 2003020410038
Po 2003020430014
A 2003020440002
A 2003020440016
A 2103020130020
A 2103020130030
(; 2103020130039
A 2103020130040
. 2103020130041
2103020130062
A 2103020130063
A 2103020130064
A 2103020130070
,0, 2103020140007
A 2103020140009
A 2103020140014
A 2103020140020
A 2103020140033
A 2103020330012
A 2103020330018
A 2103020330055
A 2103020330061
A 2103020330062
A 2103020330074
A 2103020330102
A 2103020340027
A 2103020340034
A 2103020340036
n 2103020340041
A 2103020340078
A 2103020340087
A 2103020340088
{-\ 2103020340091
. 2103020340106
2103020340114
A 2103020340124
A 2103020340124
AMOUNT
544. 70
159.82
214. 06
119.46
235. 90
322. 86
298. 40
35.36
637. 86
394. 12
221. 09
553. 10
364.80
608. 46
583. 26
194.30
172.86
298. 40
113. 20
33. 50
193.85
51.60
246. 50
64. 77
298.40
246. 50
298.40
228. 40
298. 40
324.36
64. 77
141. 07
50. 00
103. 77
480.36
454. 40
235.94
152.50
128. 97
502. 70
402. 50
581. 16
490. 10
415.28
505. 56
639.34
581. 16
4.75. 40
542.90
228. 50
PROJECT NAME: DELINGUENT SEWER & GARBAGE
DAYS: 0 INTEREST 10. 000%
CODE GEO. CODE
A 2103020340133
A 2103020340140
A 2103020340141
A 2103020340142
A 2103020340144
A 2103020430014
A 2103020430017
A 2103020430020
A 2103020430024
A 2103020430027
A 2103020430031
A 2103020430035
A 2103020430045
A 2103020430046
A 2103020430059
A 2103020430065
A 2103020430072
A 2103020430074
A 2103020430080
A 2103020430087
A 2803020120009
A 2803020120026
A 2803020120027
A 2803020120028
A 2803020120029
A 2803020120030
A 2803020120036
A 2803020120063
A 2803020120078
A 2803020120078
A 2803020130071
A 2803020130074
A 2803020130081
A 2803020130081
A 2803020130092
A 2803020130128
A 2803020130135
A 2803020130136
A 2803020130138
A 2803020210001
A 2803020210009
A 2803020210010
A 2803020210017
A 2803020210023
A 2803020210025
A 2803020210029
A 2803020210031
A 2803020210041
A 2803020210043
A 2803020210046
AMOUi'H
li6.37
350. 10
::;044.70
454. 40
134. 77
469. 70
131. 48
290. 85
549. 66
417.20
477. 50
39. 23
321. 40
29. 00
385. 24
261. 14
175.40
273.30
369. 80
324. 36
302. 50
124. 77
280. 04
23. 50
405. 57
497. 16
121. 41
541. 26
883. 26
306. 36
1, 441. 46
454. 40
833. 16
228. 50
253. 82
492. 96
544. 92
244. 34
85. 18
460. 70
567.80
84. 84
576. 96
612. 66
486. 66
483. 80
392. 50
417.20
627. 36
228. 50
CITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
DATE SUBMITTED: DECEMBER 16, 1998
PROJECT NUMBER: 00001
:3T ART YEAR: 1999 YEARS 01
C:ODE GEO. CODE
A 280:3020210053
h 2803020210068
A 2803020210072
A 2803020210077
A 2803020210088
A 2803020210094
A 2803020210104
A 2803020210107
A 2803020210112
A 2803020210133
A 2803020210135
A 2803020220005
A 2803020220007
A 2803020220037
A 2803020220037
A 2803020220040
A 2803020220044
A 2803020220055
A 2803020220060
A 2803020220073
A 2803020220073
A 2803020220084
A 2803020220087
A 2803020220093
A 2803020230004
A 2803020230019
A 2803020230021
A 2803020230023
A 2803020230025
A 2803020230027
A 2803020230029
A 2803020230032
/:; 2803020230034
A 2803020230045
A 2803020230060
A 2803020230064
A 2803020230070
A 2803020230072
A 2803020230081
A 2803020230085
A 2803020230108
A 2803020230110
A 2803020230113
A 2803020230129
A 2803020230136
A 2803020230140
A 2803020230140
A 2803020240005
A 2803020240005
A 2803020240007
PROJECT NAME: DELINGUENT SEWER & GARBAGE
DAYS: 0 INTEREST 10.000i. 4It
AMOUNT
402. 50
LJ.15. 10
143. 50
580. 40
478. 76
216. 00
426. 74
629. 46
546. 80
141. 36
53. 50
477. 50
362. 80
145.20
280. 40
509. 00
384. 50
345. 36
555. 20
653.60
160.35
130. 57
292. 86
566. 46
509. 77
402. 50
454. 40
408. 46
311. 85
454. 40
402. 50
570. 66
321. 72
532. 10
484. 56
135. 97
492. 20
735. 03
553. 10
454. 40
454. 40
498. 50
454. 40
525. 57
480. 36
33. 50
434. 20
729. 20
287. 19
546. 80
CODE GEO. CODE
^
n
2803020240018
2803020240020
2803020240022
2803020240025
2803020240025
2803020240030
2803020240030
2803020240062
2803020240065
2803020240075
2803020240087
2803020240090
2803020240105
2803020310027
2803020310032
2803020310037
2803020310043
2803020310049
2803020310054
2803020310059
2803020310081
2803020310106
2803020310135
2803020310135
2803020320007
2803020320038
2803020320048
2803020320067
2803020320074
2803020320083
2803020320102
2803020320104
2803020320118
2803020320118
2803020320120
2803020320128
2803020320144
2803020320147
2803020330042
2803020330046
2803020330047
2803020330059
2803020330061
2803020330066
2803020330074
280302033007LJ.
2803020330077
2803020330084
2803020330094
2803020330103
,0,
A
A
A
A
A
A
A
A
A
^
n
A
A
..
M
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
^
H
A
A
A
A
A
t~
^
H
A
A
A
A
A
^
H
A
A
A
A
A
AMOUNT
572. 76
308. 76
527. 90
351. 50
228. 50
431. 50
155.70
526. 56
402. 50
471. 80
530. 00
128. 97
107. 40
402. 50
593. 76
135. 27
105. 40
476. 00
419.30
250. 06
58. 00
570. 66
383. 43
60. 27
485. 90
558. 06
143. 46
402. 50
223. 70
422. 26
637. 86
.
227. 54
273. 90
153.35
385. 20
484. 56
379. 80
589. 56
507. 50
467. 00
402. 50
521. 60
97. 67
525. 80
657. 80
280. 40
246. 07
263. 24
499. 26
184. 40
.
;~ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
lqqn
, ,0
DATE SUBMITTED: DECEMBER 16,
QP~ECT NUMBER: 00001
3-.r YEAR: 1999 YEARS 01
:;ODE GEO. CODE
(; 2803020330104
A 2803020330107
,'"0 2803020330109
A 2803020340004-
A 2803020340006
p, 2803020340007
A 2803020340028
A 2803020340040
A 280302034C1062
A 2803020340063
A 2803020340063
A 2803020340066
A 2803020340074
A 2803020340097
1-\ 2803020340097
t~ 2803020340105
,~ 2803020340106
A 2803020340117
f.... 2803020410011
A 28030204.10060
A 2803020410074
. 28030204-10106
2803020410108
A 2803020420035
A 2803020420058
A 2803020420085
!~ 2803020420092
,e.. 2803020420092
A 2803020420106
A 2803020420127
A 2803020430004
A 2803020430008
A 2803020430008
A 2803020430010
A 2803020430012
A 2803020430013
A 2803020430022
A 2803020430070
A 2803020430105
A 2803020440029
A 2803020440029
A 2803020440036
A 2803020440039
A 28030204400.<.1-6
A 2803020440073
A 2903020110005
. 2903020140004
29030201 LWO 1 7
A 2903020140023
A 2903020210005
PROJECT NAi'1E:
D,';YS: 0
DELINGUENT SEWER & GARBAGE
INTEREST 10.000%
AMOUNT
CODE GEO. CODE
90. 60
496. 40
233. 27
402. 50
646.26
215.70
555. 20
404.60
454. 40
643. 70
241. 28
454. 40
452.90
542.90
228. 50
249.04
45. 50
378.30
162. 10
75.00
4,437.44
1,054.80
206.00
280.40
3,510.80
93. 80
725. 76
306.36
1, 108. 50
339. 72
246. 50
696.20
228. 50
728. 16
628. 70
364.40
145. 56
302. 80
100.80
839. 00
306.36
296. 61
1,105.16
1,37ii;l. lLl.
454.04
504. 80
35. 56
532. 10
305. 03
551.00
A
f~
Ii
A
A
A
A
2903020210007
2903020240001
2903020240005
2903020310014
2903020310024
2903020310036
2903020310043
2903020310059
2903020320006
2903020320009
2903020320012
2903020320016
2903020320018
2903020320046
2903020320049
2903020320055
2903020320068
2903020320070
2903020320078
2903020320086
2903020330010
2903020330018
2903020330022
2903020330026
2903020330034
2903020330035
2903020330042
2903020330048
2903020330076
2903020340001
2903020340005
2903020340010
2903020340018
2903020340029
2903020340040
2903020340044
2903020340046
2903020340082
2903020340085
2903020340093
2903020410025
2903020410029
2903020410072
2903020410077
2903020410080
2903020410083
2903020420010
2903020420017
2903020420036
2903020430010
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
AMOUNT
553. 10
498. 50
122. 30
..,.
118.96
41. 80
145. 42
523. 70
122. 80
255. 76
486. 66
579. 06
312. 12
137. 66
492. 20
654. 66
593. 76
652.38
284. 82
71. 98
627.36
606. 46
482. 36
62. 80
591. 66
721.60
125. 06
448. 70
537. 06
673. 56
298. 94
557. 30
528. 66
99.00
75. 00
406. 70
454. 40
264. 90
295. 32
660. 96
156.90
454. 54
500. 60
632. 90
542. 60
461. 30
457. 50
149. 47
433. 86
560. 16
350. 50
CITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
DATE SUBMITTED: DECEMBER 16, 1998
PROJECT NUMBER: 00001
START YEAR: 1999 YEARS 01
CODE GEO. CODE
A.
n
2903020430015
2903020430020
2903020430027
2903020430031
2903020430082
2903020440001
2903020440031
2903020440035
2903020440038
2903020440040
2903020440041
2903020440055
2903020440075
2903020440113
3003020410002
3003020410010
3003020410019
3003020410028
3003020410036
3003020440009
3103020110022
3103020110027
3103020110041
3103020110048
3103020110067
3103020110088
3103020110098
3103020110099
3103020120002
3103020120026
3103020120027
3103020130005
3103020130022
3103020140028
3103020140035
3103020140042
3103020140047
3103020140052
3103020140061
310302014.0068
310302014.0071
3103020240001
3103020410003
3103020430009
3203020110019
3203020120001
3203020120002
3203020120018
3203020120019
3203020120046
r;
A
A
1<4.
,'.
,...,
A
^
M
,u.
,:'
r;
A
A
A
A
A
H
A
A
A
^
M
A
,-,
(;
A
,":;,
A
A
A
A
A
A
A
A
A
^
n
A
A
f-j
A
A
A
A
,.;
A
A
A
A
A
.,
M
AMOUi'H
480. 36
358.87
633. 66
555. 96
498. 50
110.30
555. 20
591. 66
458. 07
159.04
653. 90
450.80
608. 46
112. 17
584. 60
579. 06
355.67
102. 70
473.30
570. 66
490. 10
618. 96
226. 77
107.97
473. 30
555.20
454. 40
549.66
103. 77
70. 00
278. 44
109. 95
421.40
103. 77
108.69
431. 56
523. 70
425. 60
232. 87
305. 92
259. 54
130. 54
153.72
56. 36
492. 20
643. 40
481. 70
361. 50
603. 50
626.60
PROJECT NAME: DELINQUENT SEWER & GARBAGE
DAYS: 0 INTEREST 10. 000% ~
CODE GEO. CODE
A
A
A
3203020120048
3203020120053
3203020120058
3203020130009
3203020130034
3203020130047
3203020130080
3203020130084
3203020130097
3203020130101
3203020140006
3203020140016
3203020140024
3203020140032
3203020140052
3203020140063
3203020140065
3203020140097
3203020140105
3203020210002
3203020210006
3203020210009
3203020210029
3203020210041
3203020210054
3203020210057
3203020210075
3203020210089
3203020210094
3203020220029
3203020220046
3203020220060
3203020220085
3203020220086
3203020220108
3203020230015
3203020230016
3203020230039
3203020230046
3203020240029
3203020240046
3203020240068
3203020.440006
3303020110020
3303020110022
3303020110024
3303020110030
3303020110031
3303020110036
3303020110036
A
A
A
A
^
M
M
A
A
A
A
A
p,
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Ar10UNT
534. 96
543. 3t.
469. 10
122. 17
536.30
520. 26
494. 30
107. 97
95. 11
278, 52
298. 40
169. 16
392. 50
402. 50
375. 80
386. 66
370. 26
316.32
675. 66
502. 70
402. 50
526. 56
609. 80
275. 26
669.36
257.44
203. 50
228. 50
228. 50
502. 70
568. 56
62. 16
614. 00
90. 60
555. 20
402. 50
488. 00
616. 10
664. 40
280. 40
130. 54
60. 27
304. 00
494. 30
546. 80
563. 60
332. 08
344. 17
280. 50
228. 50
~
~
LITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
DATE SUBMITTED: DECEMBER 16, 1998
P~CT NUMEER: 00001
~-3-wr YEAR: 1999 YEARS 01
~ODE GEO. CODE
A 3303020110041
A 3303020110046
A 3303020110048
A 3303020110054
A 3303020110062
A 3303020110067
A 3303020110073
A 3303020110081
/.:., 3303020110085
A 3303020110085
~l 3303020110086
A 3303020110095
A 3303020110097
t'":.. 3303020110101
A 3303020110116
A 3303020110126
p, 3303020110131
A 3303020110136
A 3303020120005
A 3303020120019
A 3303020120030
~ 3303020120033
., 3303020120034
A 3303020120035
A 3303020120037
A 3303020120049
A 3303020120051
A 3303020120062
t~, 3303020120064
A 3303020120066
A 3303020120069
A 3303020120080
A 3303020120082
A 3303020120088
A 3303020120091
A 3303020120094
A 3303020120104
A 3303020120105
A 3303020120106
A 3303020120118
A 3303020120152
A 3303020130021
A 3303020130028
A 3303020130028
A 3303020130035
A 3303020130042
~ 3303020130043
.;. 3303020130061
A 3303020130071
A 3303020140014
AMOUNT
434.00
402. 50
107. 97
467.00
306. 10
201. 20
402. 50
480.36
542.90
205.80
576. 96
125.06
502. 70
460. 70
669.36
656.00
392. 50
522.20
532. 10
545.46
546.80
509.00
93.00
543.36
99.40
625.26
532.86
496.40
287.20
103.77
454.40
428.30
44.43
295.80
105.87
145.46
574.86
574,86
483.80
215.30
597.96
402. 50
545.46
525.80
632.90
542.60
870.20
485.90
402. 50
460. 70
PROJECT NAME: DELINQUENT SEWER & GARBAGE
DAYS: 0 INTEREST 10. 000%
CODE GEO. CODE
A 3303020140015
A 3303020140022
A 3303020140045
A 3303020140045
A 3303020140046
A 3303020140050
A 3303020140074
A 3303020140081
A 3303020140092
A 3303020140127
A 3303020140128
A 3303020140130
A 3303020140131
A 3303020210048
A 3303020210049
A 3303020210051
A 3303020210053
A 3303020210054
A 3303020210058
A 3303020210102
A 3303020210110
A 3303020210116
A 3303020240012
A 3303020240027
A 3303020310010
A 3303020310053
A 3303020310059
A 3303020310060
A 3303020320012
A 3303020320023
A 3303020320031
A 3303020320031
A 3303020330006
A 3303020330036
A 3303020340076
A 3403020220013
A 3403020220016
A 3403020220026
A 3403020220054
A 3403020220074
A 3403020230003
A 3403020230007
A 3403020230007
A 3403020230023
A 3403020230035
A 3403020230085
A 3403020230089
A 0000000000000
A 0000000000000
A 0000000000000
Ar10UNT
355.00
228. 50
597. 50
280. 40
504. 80
480. 36
536. 30
100. 00
402. 50
561. 94
415.60
546. 80
419.30
525. 80
103. 77
774. 36
39. 04
71.46
454. 40
534. 96
233. 77
103. 77
214. 52
688. 26
237.22
328. 36
188.89
125. 06
60. 40
195.40
42. 99
122.43
108.00
86. 50
69. 25
250. 00
536. 90
555. 96
483. 80
101. 10
46. 50
246. 50
280. 40
324.36
23. 55
222. 97
246. 50
.00
.00
.00
ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS
""TE SUBr'iITTED: DECEMBER i6, i998
ROJECT NUMBER: 00001
T (.:.,RT YEAR: 1999 YEARS 0 i
JDE GEO. CODE
AMOUNT
~TAL AMOUNT TO BE CERTIFIED:
PROJECT NAME: DELINGUENT SEWER & GARBAGE
DAYS: 0 INTEREST 10. 000% ~
CODE GEO. CODE
AMOUNT
i95,72i.60
~
~
STAFF REQUEST ITEM
~ DEPARTMENT: Parks
DESCRIPTION OF REQUEST (Briefly outline what the request is):
~
~
DATE:
December 9, 1998
'",
, To hire Robert Hamble and Chris Diethert, both of Stillwater, to run the warming house at the Croixwood
Skating Rink - if and when winter gets here. Mr. Hamble and Mr. Diether has worked the warming house
the last two years at $6.50 per hour.
Starting date will depend on when we get good ice.
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)
Budgeted for under part-time salaries for 1998.
ADDITIONAL ITEMS ATTACHED:
NO
2L-
YES
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 ~ ~ DATE:
1m Thoms n, Parks Director
December 9, 1998
RESOLUTION NO. 98-
APPROVING TEMPORARY EMPLOYMENT OF
ROBERT HAMBLE AND CHRISTOPHER DIETHERT
AS WARMING HOUSE ATTENDANTS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
temporary employment of Robert Hamble and Christopher Diethert as Warming House
Attendants, from and after December 15, 1998, is hereby approved; and that as compensation
for services the said Christopher Diethert and Robert Hamble shall be paid $6.50 per hour.
Adopted by the Council this 15th day of December, 1998.
Jay Kimble, Mayor
Attest:
Morli Weldon, City Clerk
~
~
~
~
~
~
MEMORANDUM
DATE:
December 9, 1998
TO:
Mayor and City Council
Chantell K~ d~
Administra~is;;UPersonnel Coordinator
F
FROM:
RE: IKON Office Solutions Contract Renewal for 1999
Back2:round
As you know, the City contracts with IKON Office Solutions for maintenance and service for the
Administration and Community Development and Building Inspection copiers. Attached is the
proposed contract for the term of one year (January 1 - December 31, 1999.)
The total contract price for 1999 is $3,955.39. This is a $292.99 increase. from the 1998 contract.
Recommendation
Staff recommends the City Council approve the contract renewal with IKON Office Solutions.
CONTRACTS\IKON CC 99
RESOLUTION 98
APPROVAL OF CONTRACT BETWEEN THE CITY OF STILL WATER
AND IKON OFFICE SOLUTIONS
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract
between the City of Stillwater and IKON Office Solutions to provide maintenance and
service for a Minolta 6001 and Mita 6590 copy machine for the term January 1, 1999
through December 31, 1999, hereto attached as Exhibit A, is hereby approved, and the
appropriate city staff is authorized to sign said contract.
Adopted by the City Council this 15th day of December, 1998.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
~
~
~
DEC-09-98 WED 01:43 FM IKON CONTRACTS
03.\ 11 Lf
MAINTENANCE
AGREEM'ENT
FAX NO. 612 841 4606
P. 02
F.ft~ QII<J e"'<IlI9 0Nf -..n." r-.d w __pIwd Oy iKON.
2740 West 80lh Slrael IIqDN
Bloomington, MN S.i4:l1
Phone: (612) 888-8000 OIflceSclutlcm
F~x: (612) 885-3798
~
Customer
Machine location
C ;+" cA. S~~\\I..-0~\~
( V
Phone NUmber
430 - g ~ J3
, I Beginnin9 Per CQPY Copies Monthly
Manufacturer Model Serial Number Meter Charge Included Sase ZOM
tY\, r'I<"ll~ (I. (,700 t ~OIJ.?\ ~;;2..; (.."".. '"2.,<;~ _~ ,
i jv,', k ~, .,~ 0 ~'1 c;l \:) .;.~ y '"
Eldel'\<:Md Hour Service Options
Choose one. Cost will be added to monthly base.
AI$
lB~
J Cl$
PROGRAM TYPE
o EZ CQPY: Includes all of CPC plus lease paymlSt'l1
Term of Contract
]
I
I
~PC: Includes parts, laber. dru~s, blae\< toner and delleioper
Contract Slart Dale:
o Color C?C: Includes pa~s, laber, toner. develcper, fussr oil and wasle boxes
Requested SiRing Dais:
o FS: Ineludes parts and Iabcr only
~
a DMP: Documenl Management Program
31LLlNG
s:..Annual
Cl Semi Annual
o Quarterly (monthly ,'( 3)
o Monthly (base billed in advance, copies in arrears)
Monlhly invoices less than $50 will be invoiced quarterly. Fax contracls are subject 10 annual invoicing. Annual and semi-annual billing
options are not available on par copy charge contracts. Ccpy charges are basad cn meter readings from clients Of cn an estimalad basis.
Options 10 submit meter readings are by meler cards, phone. or fax.
:OMMENTS /11,~j~ &001
Jt.{)(-r-r~ ,
~ ~~c"" ROt1'~~ .5:5-<)0
0-", /?',"a-?I ~&,., ~..,..t-.uf.
. ~.
\UTHORIZA TJON
Authorized by (please print) 'f.:..
Signalure/Approval
Sionaiure/Decline Mairilenance
Title \)(...
Date
POll
/7"4/'/5"[, }0,.:4.; c: ,7.
Rep 1/
:OR OFFICE USE ONLY
CustomS( Number InSlalletion Dale
Purchase Order NumbQr ACC8Plad By
Sales Reo Number Completed Bv
Manaaer Number Dale
~
~-~~-
MEMORANDUM
DATE:
December 9, 1998
TO:
Mayor and City Council
Chantell~C~
Administrative AssistantlPersonnel Coordinator
FROM:
RE:
Sand Creek Contract Renewal for 1999
Back2:round
As you know, the City contracts Employee Assistance services through the Sand Creek Group,
Ltd. Attached is the proposed contract for the term January 1 - December 31, 1999.
The total contract price for 1999 is $1,575.00. This is a $175.00 increase from the 1998 contract.
The increase is $2.50 for 70 eligible employees.
Recommendation
Staff recommends the City Council approve the contract renewal with the Sand Creek Group,
Ltd.
CONTRACTS\SAND CREEK CC 99
~
~
~
~
RESOLUTION 98
APPROVAL OF CONTRACT BETWEEN THE CITY OF STILL WATER
AND SAND CREEK GROUP, LTD.
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract
between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee
Assistance Program for the term January 1, 1999 through December 31, 1999, hereto
attached as Exhibit A, is hereby approved, and the appropriate city staff is authorized to
sign said contract.
Adopted by the City Council this 15th day of Decernber, 1998.
Jay Kimble, Mayor
Attest:
~
Modi Weldon, City Clerk
~
It d
333 North Main Street
. Suite 203
Stillwarer,M,' N550SA-
.. .. . (65 1) 430-338~,'
. INNOVATORS IN BEHAVIORAL HEALTH CARE -
. . Employee Assistance. Agreef!lent
between
The Sand Creek Group, Ltd.
and
1 Services Provided:
Theprc:gramcontract includes the following serviges.:
1. Full service.cove;qgefor Th~City of Stillwater emploYees and their hous~hold m'emberf.
2.. Employ~eAssistan~eper;onnel policy'developmen{and consultation..'...
3; Supervisorytrai~ing9f managerrtentper~onn~l in the useofihep1;ogram. '. ,. .
4.' Employee orientationsemin~;s tofar,ziliarize'your e1nploy~es with the services available to ;h. .
'<'
.' The c;iiy of Stillwater
5, Promot{onai,/zaterials inc!udinghrochureS;posters,hewsletterar.ticle;{lnd came~a ~eady copies
variety .afhome '!1ailings tok,eepyoufE:mployeeAssistance Prqgramvis)bleto.youremploj;ees, a . .
their families. . ,; .' ..... .. . ., . . .- _.- . "... ,.
. . . .
. - . .
6. Ongoing c.ansultations with managers and. supervisors' to assist them 'in. utilizing th:e.EAP'with~n y
organization..,.: . .:,.' .,.... . ' .. .... .~ .., .
7. .,ConfidentiaIGssessment,.referral and brief cou~seling to be pr6vid~d to all employees, a~dtheir'
family members. Up tp four sessions of counseling based on the clinicalr.ecommendation ofEAP.
. counselor. Each session beingcomprised afone clinical hour. All of the .employees of The City 0
.Stil!water and theirjamily-membefsniayJ:ontact The. Sand Creek Group forassessmen( brief coit
and, when necessary,referral free-o~charge lothem. No lil11it 'is placed on the number of '.. .. "
assessments and referrals made annually. ' All contact is strictly ~onfidential . .
'. .
8. 24hou.rtelephone crisis intervention.
. 9.Worksitevisitsfrom an EAPrepresent~tiveto co~tinually evaluatethestcitus ofiheprogram ..
. and your satisfaCtion... .,..
.'
II Coordination of Services:
The City of Stillwate~ .agrees to work ~ith the EAP representative in info~ming its. employees of this
agreementand the services which are availabl~ to. them. . ~
i'Whatevery~u can do, or .dream youc;n begin it. Boldness 'hasgenius, power 'and magic in it. }}
Goethe .
.~.
All employees oj The City of Stillwater andmembers.oftheirhouseholdwhoare experiencing... .
personal;. emotional, family or social problems.which have;direct, indirectdr poteniial.ef[edspn
workperformance or personal well being: 'are.eligtbleforthe .services afthe Employee Assistance
program. . ... . . . . ... . . .
. .
VI .' . EmDloveeParticiDation~
. ..
.Aworkingpolicy of theEAP is that Efnpioj;eepart~cipat.ion. intfieEA}>willaf[ect.niiither future
. employmentor~advancemimt nor protedemploy.eefrom. disciplin(;l1yactionfor-. coniin{led ....... . .
substandard performanc.e:' . . ... ... . . .
- - - -. . '. .
. ThJ annualret~tner c~at~edb~ The'Sand C;eekf;Tr.oup, Ltd forfhe employee serv.icesisp~ follows:'. ..
. :. . . .
. TheSand Cr~ekGroup;Ltd
333NMain.Street, #203 .
Stillwater;lv(N'55028. ..
~
. Optional. Services,;
Organization Development Services
TraumdTeam Services ..
. Bag funcA SerlJinars:
IX. Fee for OmioineCiJimseiine:'.
. . . .
$150.00 p'er hour
$125.00/1sttwohours .. ...
. . $85.00 per hour overtwo hours
$150,00 perhrjurofpreseritationlfacilitatio!l
.Payrnent for .any ongoing~oun;eling servic~s beyond the initialdiag~ostic screeningw~ll be the .:
. responsibilityofthe employeelfamilymember~.. '. .... ..' .. :.. ..
" . ."..
The Sand Creek Group,. Ltd.
'. SD.G.
. . . . .. . . -
X Modification or Termination of Contract:
-.".....'-
:~
.This cOntract may be modified in writing at any time by the mutualconsentoftheparties..
. Either The City of Stillwater or The Sand Creek Group, Lid may cancel this agreementdtany time
upon 90 daynotice,jn writing, tathe, other party. . . . . .
-
The Sand Creek Group, Ltd
The City ofSJillwater
Date
. tchen M Stein,Ph.D.,. CEAP
President &: Ch~ef Ex~cutive Pfficef
TheSand Creek.Group;.Ltd .
,,~I...k....~.....4.'.. ......
#fl!72
GMS.jes. .
, .
. -',
.,
The Sand Cr'eek Group; Ltd.
'SD.G.
MEMORANDUM
~
TO:
Mayor and Council
FR:
City Coordinator
RE:
Salary for
City Coordinator
DA:
December 9, 1998
Discussion:
I am requesting that you set the annual salary for the City Coordinator position at
$70,000, effective January 1, 1998. The salary I am requesting is about 5% above the
salary for the City Engineer position which is about the same pay relationship as was
established for 1997.
Recommendation: Set salary for City Coordinator at $70,000, effective January 1, 1998.
"'
~
/71~
~
/Vl IUJ fT6-1= r2.. S A-6-t2-6EM E1'J T
J APPENDIX A-2 ~
/ MONTHLY SALARY SCHEDULE
EFFECTIVE JANUARY 1, 1998
After After After After
Entrv I Year 2 Years 3 Years 4 Years
City Engineer 59,983 61,649 63,316 64,982 66,648
Community Development
Director 55,890 57,443 ""58,995 60,548 62,100
Police Chief 58,838 60,473 62,107 63,742 65,376
Fire Chief 54,691 56,210 57,730 59,249 60,768
.~
Finance Director 56,959 58,541 60,124 61,706 63,2~S
(' -\
Police Captain 53,235 54,714 56,193 \57,671 59,150
\ ..--.'---
. Public Works Director 49,460 50,834 52,208 53,582 54,956 ~
Asst. Public Works
Director - Street 45,117 46,370 47,624 48,877 50,130
Asst. Public Works
Director - Parks 45,117 46,370 47,624 48,877 50,130
Assistant Fire Chief 49,334 50,705 52,075 53,446 54,816
City Clerk 40,295 41,414 42,533 43,653 44,772
Ice Arena Manager 37,936 38,988 40,042 41,096 42,150
Building Official 44,757 46,000 47,244 48,487 49,730
Employees shall be paid according to employees length of service in a classification.
.
13
'",;,;::,;
-,',"'::.c
~.l1'_'''''''''~_~''~._~c__,_,_ __..__
~,f I..
, c." .
L~
~ APPENDIX "B" It
STILLWATER PUBLIC MANAGERS ASSOCIATION
MONTHLY LONGEVITY PAY SCHEDULE
The Employee shall receive monthly longevity pay according to the following monthly pay schedule:
After After After After
5 Years 10 Years 15 Years 20 Years
City Engineer 100 196 292 342
Community Development
Director 96 190 284 332
Police Chief 96 190 .284 ......?
",,-
Fire Chief 92 180 272 316
Finance Director 92 184 276 "'??
,,--
Police Captain 92 180 272 316
Public Works Director 82 168 252 294
Asst. Public Works
Director - Street 76 152 230 268
Asst. Public Works
Director - Parks 76 152 230 268
~ Assistant Fire Chief 78 156 236 274
City Clerk 66 134 200 "...') (It
-,,-
Ice Arena Manager 66 128 192 224
Building Official 74 152 228 266
Longevity pay shall be based on employees years of employment with the City of Stillwater as a full-time,
permanent employee. If an employee becomes eligible to receive longevity pay for only a portion of a month,
the longevity pay for that month shall be determined by dividing the monthly longevity pay be the number of
working days in the month and multiplying that rate by the number of days actually worked during the month.
.,
'-~J.~~~~.~, .~~<
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14
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I
RESOLUTION NO. 98-
APPROVING COMPENSATION FOR CITY COORDINATOR
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Nile L.
Kriesel, City Coordinator, shall receive an annual salary of $70,000, effective January 1,
1998.
Adopted by the City Council this 15th day of December, 1998.
Jay L. Kimble, Mayor
Attest:
Modi Weldon, City Clerk
~
.
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MEMORANDUM
~
TO: Mayor and Council
FR: City Coordinator
1ir'.~.
RE: Salary for
Recording Secretary
DA: December 9, 1998
Discussion:
Sharon Baker has served as recording secretary (part time) for the City for the past three
years, as stated in her letter to me dated November 25, 1998. Sharon is requesting a
salary increase and I concur with her request.
It is difficult to obtain someone who is willing to attend and record the meetings that
usually take place after 7 P.M. Therefore, I would recommend setting the recording
secretary's salary at $12.00 per hour with a minimum salary of two hours per meeting.
Recommendation: Set salary for recording secretary at $12.00 per hour.
~
/)1 -UJ
:::;."":~ ..
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Nov. 25,1998
Nile Kriesel
City Coordinator
City of Stillwater
21 6 N. Fourth St.
Stillwater, MN. 55982
Dear Mr. Kriesel:
I have served as the recording secretary for most of the city's advisory
boards/ commissions for the past three years and have had no increase in
pay during that time. I respectfully request an increase from $10 to $1 2
an hour effective Jan. 1, 1999.
Thank you for your consideration.
/JC~ It ~~L/
Sharon L. Baker
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.
RESOLUTION NO. 98-
APPROVING SALARY FOR RECORDING SECRETARY
WHEREAS, Sharon Baker has served as part -time recording secretary for the past three years
at a salary of $10 per hour, and .
WHEREAS, there has been no increase in pay during that time and Sharon Baker has
requested an increase;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater,
Minnesota, that Sharon Baker shall receive a salary of $12 per hour with a minimum salary of
two hours per meeting, effective January 1, 1999.
Adopted by the City Council this 15th day of December, 1998.
Jay L. Kimble, Mayor
Attest:
MorTi Weldon, City Clerk
STAFF REQUEST ITEM
DEPARTMENT:. Parks
DATE:
December 9, 1998 ~
DESCRIPTION OF REQUEST (Briefly outline what the request is):
To purchase picnic tables and benches for various parks in the city.
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)
~
Budgeted for under C/O 1998 - $6 ,000.00
ADDITIONAL ITEMS ATTACHED:
YES
NO
L-
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY ~ y~ DATE:
Tim Thomsen, Parks Director
December 9, 1998
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MEMORANDUM
To: Mayor and City Council
From: Sue Fitzgerald, City Planner ?f
Date: December 10, 1998
Re: Holcombe's Addition Architectural Survey Investigator
~
The Heritage Preservation Commission is requesting approval from Council to secure
Don Empson for the Holcombe District Survey and Evaluation. The study is funded by a
grant from the (proposal attached) Certified Local Government Grants (CLG) through the
Minnesota Historical Society with in-kind matching from the City.
An ad was placed in the Gazette on November 10, 1998 and ten Request for Proposals for
a principal investigator for the study were sent out. Don Empson was the only one that
sent a formal proposal. Don worked on the Greeley Survey and the Dutchtown Survey.
.
O.
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A PRoPOSAL FOR
'.
A SURVEY OF HOLCOMBE'S ADDITIONS
SUBMITTED TO THE
STILL\VATER HERITAGE PRESERVATION COMMISSION
~
BY
EMPSON ARCHIVES
P.O. Box 791
Stillwater, Mn 55082
351-0172
November 18, 1998
.
Holcombe's Addition Proposal
.
Area of the Survey
On April 18th, 1855, Milton H. Abbott, a passenger on the stealliboat,
Excelsior, first landed on the Stillwater levee. Although intending to go on to
St. Paul, he somehow felt it was ordained that he should instead settle in
Stillwater. But he was not completely enamoured of the fledgling young
town:
"We must be plain. We confess we did not altogether like
the appearance of Stillwater. We admired the beautiful Lake St.
Croix-we admired the excellent and beautiful {ish which
occasionally leaped from its waters-we loved the pure springs
which came gushing and sparkling from its hill-sides, and above
all we were enraptured with the kindness and hospitality of its
citizens. But the sand and the rugged hills, and some other
things, we did not altogether fancy."1
~
Abbott's first task was to build himself a home. He toured the city
looking at various lots, but he had definite criteria.
''VVe want pure fresh air, and-we want plenty of elbow
room. We want a good large spot for play-grounds; and for
pasture for a horse, a cow, a few fat porkers, a Shanghai rooster
and his seraglio of hens."
After much disappointment, Abbott mentioned his troubles to "Capt."
Holcombe who informed him that he owned several acres west of town that
would suit Abbott perfectly in that Abbott would not want for room at all out
there. Upon seeing the land, Holcombe's Addition, Abbott was delighted:
.
"There was not a house, or fence upon it. It was wild and
uncultivated. It was preceisely as it was when the red man of the
forest roamed over it and we imagined we could see some of his
footprints...In our perigrinations and perambulations we saw
several of the little animals here called gophers-sleek, active,
nimble, saucy chaps-and several ant-hills... We were so pleased
with every thing in Holcombe's Addition-its wildness-
1 Saint Croix Union, December 22, 1855; November 14, 1856.
1
Holcombe's Addition Proposal
scenery-its remoteness from human habitations-its distance
from the Lake, being just a half mile-its cool and pure breezes-
its gophers and its ant-hills-that we concluded, at once, to put.
up a shanty out there...''2
~
Holcombe's Addition and Holcombe's Second Addition, recorded in
September of 1855, were the second and third Additions made to the original
city of Stillwater. (The first was Carli & Schulenburg's Addition.) Much to
Milton Abbott's subsequent disappointment, the two plats, with over a
hundred houses, was one of the most populous areas of the city by the time
Minnesota became a state in 1858.
It is my hope that this survey will find at least a couple of these early
pre-Civil War houses remaining in this survey area.
Holcombe's Additions comprise the N~ of the NW?4 of Section 33,
T30N, R20W. The eastern boundary is Holcombe Street; the western ~
boundary is Center Street; the northern boundary is Willard Street;. the
southern boundary is Hancock Street. The total area, including part of Lilly
Lake, is 80 acres.
Our Proposal
We will incorporate the information gleaned from our research in the context
of Robert Vogel's Stillwater Historic Contexts and other research done previously
in Stillwater.
We will review the survey work on the properties prepared by the Stillwater
Heritage Preservation Commission.
2 Saint Croix Union, December 22, 1855.
.
2
Holcombe's Addition Proposal
~
We will identify, date, and catalog the 130 properties in the Preservation
Planning Area in the manner required by the Minnesota Historica}. Society. If
necessary, we will talk with them directly to make sure we provide the correct
information in the form they wish.
We will discuss the architectural styles in the Preservation Planning Area
and compare it to other Stillwater neighborhoods.
We will photograph all properties.
We will prepare a report which describes the development of the area,
recommendations for future survey work, and suggest properties that might be
eligible for local historic designations and/or eligible for the National Register of
Places. We will not make any nominations ourselves. We will discuss any
possible planning methods for preservation of historic structures, landscapes, and
neighborhoods.
~
We will attend three meetings with the Stillwater H.P.C.
Our Research
.
We propose to do a thorough study of the area, despite the considerable time
and money constraints. We will use the yearly tax assessor's records collected
in the State Archives and available on microfilm, 1861-1900, at the Stillwater
Public Library--a gift of Rivertown Restoration. These records were generated
much the same way they are today. Every year the tax assessor viewed all the
properties in the city and made an estimate of the market value of the land and
the improvements. By following a property through the years, it is usually
possible to determine when the value jumped from that of a lot only to that of a lot
with a building on it. This record also contains the name of the property owner
through the years. While this kind of research is tedious in the extreme, it gives
accurate information that can be found in no other way.
3
Holcombe's Addition Proposal
(The first two surveys used the date of building found on the assessment card ~
at the tax assessor's office. Before the turn of the century, the~e dates are
notoriously inaccurate, an admission readily made by the tax assessor's office
itself.)
Rivertown Restoration recently paid to have the Stillwater building permit
applications, 1886-1940, microfilmed. They, along with an index compiled by
Kay Thueson, are available at the Stillwater Public Library. The applications give
the date of building, the size of the structure, name of the owner, sometimes the
name of the builder and architect, and other incidental information. There are
also applications for repairs and remodeling. This information is invaluable and
essential for any thorough study.
There are useful records available in the Water Department, the Fire
Department, and the Public Works Department and in the .Minutes of the
Stillwater City Council that have never been used. The Sanborn Insurance
Maps will be of value. There are a number of unpublished manuscripts and
some published reminiscences which might contain some useful information,
although, frankly, we have found mu(:h of this information inaccurate. In general,
we. will try to use only original sourcoo for our research.
~
For visual aids, there are two Bird's Eye View Maps of Stillwater drawn
in 1869, and again in 1879. With their accurate representations of each house and
building, these ar~ extremely useful.
We will talk to the residents of the area in cases where we have some
uncertainties; when convenient we will try to obtain copies of property
Abstracts. We will also use the land records at the office of the Recorder of
Deeds.
There are photographs on file at the Stillwater Public Library, the
Washington County Historical Society, and the Minnesota Historical .
4
Holcombe's Addition Proposal
~
Society. In our experience, many residents have old photos of their homes
which we would try to incorporate in our research. In 1978,.. Rivertown
Restoration photographed every house in Stillwater over 50 years old.
These photographs are presently unorganized, but they might be useful in
particularly perplexing cases.
Qualifications
Empson Archives
Donald Empson
University of Minnesota:
Baeh~or of Arts Degree, 1965. Minor: History; Major: English.
lvIaster of Arts Degree, 1965. Library Science.
Advanced Study, University of Iowa, Iowa City.
~
Director, Chippewa County Library, 1965-1967.
Montevideo, ~esota.
Instructor, School of Library Science, 1967-1970.
University of Iowa, Iowa City.
Minnesota Historical Society, St. Paul, :Minnesota.
Reference Librarian, 1970-1973.
Map Librarian, 1973-1976.
Self-Employed, Antique clock and watch repair, 1976-1988.
Semi-retired, 1988-.
.
5
Holcombe's Addition Proposal
Publications
~
The Street Where You Live. Witsend Press, 1975.
Portrait of a Neighborhood. St. Paul, 1980.
Guidebook to the 1870 and 1879 Bird's Eye View Maps
of Stillwater, Minnesota. Empson Archives, 1995.
Miscellaneous newspaper and magazine articles.
Project Budget
.
Research............... ... ......... .................................... ..$3,500.00
Photography and Field Work.................................... $1500.00
Data Analysis......................................................... $1000.00
Meetings with HPC.............................. ....................... $200.00
Printing Costs............................................................ ..$300.00
Compose Final Report................................................ .$3000.00
Total Fee:.................................................................. .$8,500.00
.
6
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MEMORANDUM
TO: Mayor and Council
FR: City Coordinator
RE: Cigarette license renewal
DA: December 10, 1998
Discussion:
The Council previously tabled the approval of an application for renewal of a retail sale Cigarette
license for Jazzy's House of Blues and Cigar Parlor because of questions concerning the
accuracy of the information contained within the application. The applicant has submitted a new
application that now appears to be in order. Therefore, staff is recommending that the renewal be
approved.
Recommendation:
Council approve the Cigarette License renewal application by Jazzy's House of Blues and Cigar
Parlor (on Consent Agenda). -
4dt
RESOLUTION NO. 98 -
APPROVING RENEWAL OF TOBACCO LICENSE FOR
JAZZY'S HOUSE OF BLUES AND CIGAR PARLOR, INC. FOR 1999
~
WHEREAS, a request for renewal has been received by Jazzy's House of Blues and Cigar Parlor, Inc. dba
Jazzy's House of Blues and Cigar Parlor; and
WHEREAS, all required documentation has been received, background investigations have been completed,
and approval is contingent upon the fulfillment of all requirements for eligibility to hold a tobacco license in the
City of Stillwater;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the
renewal of a Tobacco License for Jazzy's House of Blues and Cigar Parlor for the year 1999.
Adopted by Council this 15th Day of December, 1998.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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No.
$40.00
98-68
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Visual Impact Signs Inc. and Diverse VinylProducts, Inc. has paid the sum of Forty and
00/1 ODs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with
all the requirements of said Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Visual Impact
Signs Inc. and Diverse Vinyl Products, Inc. 8732 W 35 Service Dr., Blaine MN 55449 is hereby licensed and
authorized as Sign Installation for the period of one year starting December 2, 1998 and ending December
2, 1999 subject to all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 15th day of December A.D.
1998.
Attest:
Mayor:
No. 98-69
$40.00
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
T WHEREAS, Swanson Bros Construction has paid the sum or Forty and OO'/JOOs D II t th
.1 reasurer of sa'd Cty . db 'J 0 ars 0 e
said 0 d' l l as requlre ~ t~e Or~in~nces of said City and complied with all the requirements of
r mances necessary for obtazmng thls hcenses. .
Constnt~~:2~~1J~~ORE, By order of the City Counci~ and by v~rtue hereof, the said Swanson Bros
dB' k' tas a Avenue, Forest Lake MN 55025 lS hereby hcensed and authorized as Masonry
anb. TlC Work for th.eFeriod of one year starting September 30, 1998 and ending September 30 1999
su Iject to all the condltzons and provisions of said Ordinances. '
1998.
Given under my hand and the corporate seal of the City of Stillwater this 15th day of December A.D.
Attest:
Mayor:
No.
98-66
$40.00
.
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Judd Orff & Associates has paid the sum of Forty and 00/100s Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Judd OrfJ &
Associates, 324 South Main Street #220, Stillwater MN 55082 is hereby licensed and authorized as General
Contractor- Commercial Only for the period of one year starting November 19, 1998 and ending November
19, 1999 subject to all the conditions and provisions of said Ordinances.
Given under my hand and the corporate seal of the City of Stillwater this 15th day of December A.D.
1998.
Attest:
Mayor:
~
No.
98-67
$40.00
GENERAL CORPORATE LICENSE
STATE OF .MINNESOTA
City of Stillwater
County of Washington
WHEREAS, Skyner Constnlction has paid the sum of Forty and 00/100s Dollars to the Treasurer
of said City as required by the Ordinances of said City and complied with all the requirements of said
Ordinances necessary for obtaining this licenses.
NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Skyner
COflstnlction, 1412 Highway 64, New Richmond, WI 54017 is hereby licensed and authorized as Window
Installer for the period of one year starting December 10, 1998 and ending December 10, 1999 subject to all
the conditions and provisions of said Ordinances.
1998.
Given under my hand and the corporate seal of the City of Stillwater this 15th day of December A.D.
Attest:
Mayor:
~
STAFF REQUEST ITEM
DEPARTMENT: Engineering
DATE:
December 9, 1998~
DESCRIPTION OF REQUEST (Briefly outline what the request is):
Request to purchase a Hydraulic Press with manual pump for the Public Works Garage
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
~
Sufficient funds are available in the 1998 budget item for roof repair to cover this cost
ADDITIONAL ITEMS ATTACHED:
YES
NO
2L-
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN DER TO E PLACED IN THE COUNCIL MATERIAL PACKET.
DATE:
SUBMITTED BY
Klayton
December 9,1998
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DEC-11-98 1e:56 AN HYDRAULICJACK
612 872 9789
p.e1
Quotation
HYDRAULIC JACK & EQUIPMENT SERVICE
2601 ALDRICH AVENUE SOUTH
MINNEAPOLIS, MN 55408
Quote Number:
5884
Quat. Date;
Dee 11, 1998
Quoted to:
STILLWATER PUBLIC WORKS
216 NO 5TH ST
STILLWATER, MN 55082
USA
P~g.:
1
Customer ID Good Thru Payment Term. Sales Rep
STILL 1/10/99 Net 30 Days
Quantity Item Description Unit Price Exten$lon
***~*ATTN. CHOC*x***
1. 00 IMS-556 55-TON HYDRAULIC 2,800.00 2,800.00
PRESS WI MANUAL PUMP
Sales Tax Payable 182.00
F.O.B. BROADVIEW, ILL
I
I
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I \ J
Subtotal 2,982.00
sales Tax
Total 2,982.00
STAFF REQUEST ITEM
DEPARTMENT: Engineering
DATE:
December 9, 1998 ~
DESCRIPTION OF REQUEST (Briefly outline what the request is):
R-equest to purchase a wire feed welder for mechanic from Oxygen Service, ,,'. ... '. This item was
deleted from the 1999 budget during budget hearings, and Council acknowledged that the 1998 budget item for
roof repair could be used for the purchase of this item.
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)
~
Sufficient funds are available in the 1998 budget item for roof repair to cover this cost
ADDITIONAL ITEMS ATTACHED:
YES
NO
X--
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER.. TO BE P?:[A/ ED IN THE COUNCIL MATERIAL PACKET.
/ ;/j --- c
SUBMITTED BY ~~ ~ATE:
Klayton Eckles, City Engineer
December 9, 1998
.
CUSTOMER COpy PICK-PACK / DEUVERY RECEIPT
O~~_N$~nS~~ INc.
~ . " ,.. ~ 1111 PIERCE BUTLER ROUTE Phone: (612) 644-7273
.. ST. PAUL, MINNESOTA 55104 FAX: (612) 644-2973
SOLD TO:
SHIP TO:
1 ~\)24~
S !lLLWA:E~ (rn OF
,~;.Eitf':, Fnrt:t4JSUC iill"l<S
.::!~ N 4iH Sf
~T .li..L,jj:jfEk. ~ S::KIf.i2
l4(kl>a
SdLL~':c.;'; dil OF
i.:iH~; FuF!:~IJK.!C ioiiF:i<S
210 N ..r'i Sl
S'lLLI.'i'-lE;J, Pl!i. 55\J1:!2
-UHH. ij U G 1 ;.. , 1 D ~., ~tHH+
JvJ::i2c F~ {,A, c=c..oc::n..
WlLL CHU..
Pk::Hltf:., IJ HHl'\I..f 6..
MEl..
SEkll-il if
WI RE!JlOO..ARC
~
. ','AAY
QUANTITY a
ORDERED c
[A 1 i1(J,} j1:'
CYLINDER
SHIP RET
44 LB!:i 44 1 86 . 035 44&'P
E:AC~ 1 os;:. il11
.I?E'3'Pt'ACE!l BY'.
I-
I
I
~b7'l82
Q:.l(lHil j IJ..
1 i50. (1000
1. 0200
5. 12fiO
r
I
THIS IS TO CERTIFY THAT THE ARTICLES NAMED ABOVE ARE
.PERLY CLASSIFIED, DESCRIBED, PACKAGED, MAILED AND
LED, AND ARE IN PROPER CONDITION FOR TRANSPOR-
N ACCORDING TO APPLICABLE REGULATIONS OF THE
DEPT. OF TRANSPORTATION.
SUBT AL
IN CASE OF HAZ MAT ~ARGE
TRANSPORTATION EMERGENCY
CALL CHEMTREC SALESfrAX
800-424-9300
BY CUSTOMER'S SIGNATURE HERETO, CUSTOMER AGREES TO BE
SUBJECT TO THE TERMS AND CONDITIONS OF SALE CONTAINED
HERD'tI AND ON THE REVERSE SIDE HEREOF.
RECEIVED BY
HU.'8'IEU By t
1.2f.. (I
T:OTAL ....
, .
1. 121,.
Memo
~
DATE:
December 11, 1998
TO:
Mayor and City Coupcil
Chantel~~/l
Administrati ve Assistant/Personnel Coordinator
FROM:
RE:
1999 Renewal Rates for Hospital/Medical Insurance
Last year, the City joined the SW Cooperative to take advantage of an opportunity to "pool" our
risk with other units of government. This year, the City's rates for 1999 increased 23.1 % over
the 1998 rates.
Nile Kriesel, City Coordinator and I have had several discussions with the Cooperative ~
concerning the rate increase. Although, the increase will remain as originally proposed for 1999,
the City does benefit from savings of over $18,000 annually by participating in the Cooperative.
Recommendation
Staff recommends the City Council approve the attached resolution renewing Hospital/Medical
Insurance with Blue Cross/Blue Shield through SW Cooperative, effective January 1, 1999.
BENEFITS/BC-BS/99 RATES TO CC
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IRST
ri Ie Gold
~
~
Current Rates
1/1/99 Renewal Rates
for
City of Stillwater
CIOS6
Renewal Rates
Single
Family
Single
Family
$155.50
$409.00
Increase
23.1%
newal Rates are based on a $50,000 specific! 110% aggregate stop-loss,
d-alone transplant charge and a cost-per-contract administrative charge.
$142.50
$374.50
$191.42
$503.48
$175.42
$461.01
RESOLUTION 98-
APPROVAL OF INCREASE IN HOSPIT AL/MEDICAL INSURANCE RATES
EFFECTIVE JANUARY 1, 1999
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
yearly reate increases for the City's group health insurance are scheduled to become
effective January 1, 1999 as follows:
Aware Gold
Single
$191.42
Family
$503.48
HMO Preferred Gold
$175.42
$461.01
Adopted by Council this 15th day of December, 1998.
Jay Kimble, Mayor
Attest:
Morli Weldon, City Clerk
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......
Memorandum
December 10, 1998
TO:
Mayor and City Council
Klayton H. Eckles jLC /
City Engineer
FROM:
SUBJECT:
Request to Carry Over Capital Outlay Purchasing from the 1998 Budget
DISCUSSION:
Due to a number of issues, including changing technology, unavailability of staff, and issues
surrounding the 1999 budget process, Engineering and Public Works has not fully implemented a number of
items listed in the Capital Outlay Program. However, many ofthese purchases or contracts are currently
underway or are anticipated to occur in the near future. According to the City rules regarding Capital
Outlay, any purchases using the 1998 Budget need to occur in the 1998 calendar year. The only exception
is if City Council passes a resolution approving the use of 1998 Capital Outlay funds in the 1999 calendar
year. Therefore, City staff requests that Council approve the following 1998 Capital Outlay items be
extended into the 1999 budget year.
J~M,\:': " ~\ <f: :",': : ' 00 e~IT~ OUTI;~Y , NOTES ',' ' .
, on <> '. ",-'< ,
0
Lift Station Upgrades $130,000 Underway
Garage Remodeling $15,000 Options are being explored
Computer Software $7,600 ACADD & ARCVIEW
Survey Equipment $2,000
Flashers $4,000
3
,...
Memorandum
.
December 9, 1998
TO: Mayor and City Council
FROM:
Tim Thomsen / /
Parks Director
SUBJECT: Carry Over of 1998 Funds
DISCUSSION:
Due to the late start on the Pioneer Park Renovation project, I am requesting that Council
authorize the carry over of$150,000, a matching fund for the Pioneer Park project, to 1999. The
$150,000 will be the monies used for the restroom renovation, lighting in the park, and building a _
Pergola with Pavers. This money was budgeted in 1998 and the projects will not be completed until .
the summer of 1999.
ACTION REQUIRED:
If Council approves my request, they should pass a motion directing the Finance Director to
carry over the $150,000 matching funds for the Pioneer Park Renovation to the 1999 Budget.
1
.
~--==-'
APPLICATION FOR TOWING LICENSE
NAME OF APPLICANT
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COMPANY NAME
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ADDRESS
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DATE
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TELEPHONE NUMBER ~~\_ \:~,'-..\~
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MAKE MODEL STYLE
YEAR
VIN NO.
LICENSE NO.
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LOCATION
VEHICLE
STORED
FEE
PAID
$100.00
CERT.
OF
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VEHICLE
INSPEC.
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BACK-
GROUND
CHECK
NEW
./ RENEWAL
SIGNATURE
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Applicant \\ ')
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APPLICATION FOR IWING LICENSE
~
ADDRESS
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/~~,/ Iq/ 9 g
NAME OF APPLICANT
COMPANY NAME
DATE
TELEPHONE NUMBER (Co 51) 430....3 ! 00
\.
MAKE MODEL STYLE YEAR VIN NO. LICENSE LOCA nON FEE CERT. POLICE POLICE
NO. VEHICLE PAID OF VEHICLE BACK-
STORED $30.00 INS. INSPEC. GROUND
CHECK
,..... ~~ IV tt-"1ec.. ~ ~
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NEW
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SIGNATURE ~J.~
Applicant
~
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.
RESOLUTION NO. 97-289
RENEWAL OF TOWING LICENSES FOR 1999
WHEREAS, Richard Ritzer, Stillwater Towing, Inc., has requested renewal of a towing
license for 1999; and
WHEREAS, Deborah Schneider, Amazing Towing, Inc., has requested renewal of a towing
license for 1999; and
WHEREAS, all forms and documentation have been received and fees paid;
NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that
the towing license for Stillwater Towing, Inc. and Amazing Towing, Inc. is renewed for the
Year 1999.
Adopted by Council this 15th day of December, 1998.
Jay Kimble, Mayor
ATTEST:
Morli Weldon, City Clerk
.
..
.
.
MEMORANDUM
TO:
FROM:
SUBJECT:
MA YOR AND COUNCIL
MORLI WELDON, CITY CLERK
CONSENT AGENDA ITEM NO. 26
AMENDING MINUTES OF NOVEMBER 24, 1998
12/15/98
DATE:
The City Attorney has made a correction to the minutes of November 24, 1998, relating
to the insurance section of the management agreement with St. Croix Catering, Iiit'.
The minutes iricorrectly stated the agreement should be amended by naming St. Croix
Catering, Inc., as an additional insured under the city insurance policy. It also stated this
would provide increased coverage at a reduced cost of approximately $3600.
Listing St. Croix Catering as an additional insured was not approved. Following is the
corrected information:
City Attorney Magnuson requested consideration of amending the
insurance section of the management agreement with 81. Croix Catering,
Inc. for the St. Croix Valley Recreation Center. He suggested that the
management agreement with St. Croix Catering, Inc. for the St. Croix
Valley Recreation Center be amended to provide that the costs associated
with the management company's liability insurance, covered under this
agreement, become a City expense in the amount that the premium exceeds
the premium for the liability insurance on the Lily Lake Arena.
Motion by Councilmember Thole, seconded by Councilmember Cummings
to adopt Resolution 98-302 amending the insurance section of the
management agreement with St. Croix Catering, Inc. for the St. Croix
Valley Recreation Center by providing that the costs associated with the
management company's liability insurance will be a City expense in the
amount that the premium exceeds the premium for the liability insurance on
the Lily Lake Arena.
RESOLUTION 98-
APPROVAL OF CHANGE ORDER # 11 FOR THE
ST. CROIX V ALLEY RECREATION CENTER
BE IT RESOL VED,by the City Council of the City of Stillwater, Minnesota, that
Change Order # 11 for the construction of the St. Croix Valley Recreation Center in the
amount of$10,229.00 is hereby approved:
Change Order # 11 - Extras to Park and Ride
1.
2.
3.
4.
5.
6.
7.
8.
Extra Yellow Stripping at Concrete Curb
Omit French Drain
Omit Contingency Fund
Extra Concrete for Bus Lanes
Extra Electrical
Add Four Tree Rings
GWO Superintendent Costs (24 hrs @ $45.00)
GWO 3% Fee for Items #2 - #7
TOTAL
Adopted by Council this 15th day of December, 1998.
Attest:
$ 125.00
$ (2,500.00) Deduct
$ (4,311.00) Deduct
$ 6,257.00
$ 4,250.00
$ 5,034.00
$ 1,080.00
$ 294.00
$ 10,229.00
Modi Weldon, City Clerk
Jay Kimble, Mayor
.
.
.
j
.
~ MEMO
To:
From:
Subject:
Mayor and City Council ,
Steve Russell, Community Development DirectorV
Final Plat Approval of Creekside Subdivision (previously Summerfield) for 19-Lots
located in the RA Single Family Residential District SUB/F-98-39, Trailhead
Development, applicant
December 10, 1998
Date:
Background.
The rezoning, preliminary plat and annexation of this subdivision was approved by the City in
July 1998. Subdivision layout and conditions of approval are attached.
The final subdivision plans show the approved 19-1ot subdivision. Parks, trails and protective
conservation easements are provided as required.
The grading and erosion control plan, stormwater management plan and utility plans have been
reviewed and approved by the City Engineer.
~
A development agreement has been prepared for the developer and is presented along with the
final plan.
Contained in the development agreement are the development impact fees and AUAR
stormwater mitigation fee required to construct the stormwater diversion structure. The
developer has provided an information sheet that will be given to all homeowners in the area
stressing the importance of protecting native resources in the area through yard maintenance and
landscaping (see attached Creekside information sheet).
The development agreement provides for possible annexation of the lots east of the development
and payment for attributable street and utility improvements.
Recommendation: Approval of final plat and development agreement.
Attachments: Resolution 98-205 (Conditions of Approval)
Preliminary Plat, grading and erosion control plan and conservation and trial
easement areas.
~
/
.~
RESOLUTION 98 - 205
~
APPROVING SUBDMSION OF 19 LOT, SINGLE FAMll-Y SUBDMSION OF OUTLOTS A
& C, NEAL MEADOW'S, IN THE AG, AGRICULTURAL PRESERVATION DISTRICT
(PROPOSED RA)
WHEREAS, a request has been submitted by Trail Head Development for a 19 lot, single family
subdivision of Outlot A & C, Neal Meadows located west of Neal Avenue and north of Boutwell Road
in the AG, Agricultural Preservation District (proposed RA).
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that the
above subdivision is hereby approved subject to the following conditions:
1.
2.
3.
4.
5.
6.
7.
~ 8.
9.
10.
11.
12.
A five foot sidewalk or recreational trail shall be constructed on one side along all streets.
A site landscape plan shall be submitted and approved using recommended native plant
material before final plat approval.
A grading/erosion control plan shall be submitted for review and approval before final
plat approval.
The utility plans shall be reviewed and approved by the City Engineer before final
approval.
Lots 7 & 8 shall be reviewed to make sure the 50-ft. wetland setback can be met.
A site drainage plan shall be reviewed using AUAR mitigation and approved before [mal
plat approval.
A restrictive convenant shall be recorded and natural area signed to protect the open
space buffer.
The developer shall. improve the nature trail to the extent of trail dedication requirements,
$4,275 as approved by the City Engineer and Community Development Director.
A 20 foot recreation trail easement between Lots 1 & 2 shall be provided.
A 8 foot recreation trail shall be constructed along Summerfield Crossing from Boutwell
to the north property boundary.
Any developer provided neighborhood park improvements shall be coordinated with the
Parks Board.
Park dedication Option A - Neighborhood Park increased to .65 acre, Browns Creek
Conservation/Open Space Easement at 4.01 acres, and Trailway Dedication at .55 acres
as approved.
Adopted by the City Council of Stillwater this 4th day of August, 1998.
Attest:
~' (t...JLoL-
Modi eldon, City Clerk
.
I
~
CREEKSIDE
KNOlf AIL KEN BY THESE PRESENTs: That. Janice M. Bowe,. Bingle, fee owner; and Trail Head tand Development. CorporaUon. a Ilinnesol.a
oorporaUon, oont.ract. purchaser; and Robert R. Andrews, Jr.,Bingle, mortgagee at the follcnrlng described property lIit.uat.ed In the state of
KInnesota. Count.y of lI"ashIngton, to-wit: '.'.. ,>
Outlots A, ll11d C, Neal lieadOWll. acoorcllng to th~ ri~orded plat thereat. lI"ashIngton Count.y. llInnesol.a.
Have caused the Bame to be surveyed and plat.t.ed as CREEKSIDE and do hereby donat.e and dedicat.e t.o the pubHc for the pubHc use
forever the circle. court, trail, and crossing, ll11d also dedlcal.a the easements for dralnage and utlllty purposes only, as shawn on this plat.
In witness ...hereof sBid Janice II. B.....e has caused -these preeents t.o be lligned, thie _ day of 1995.
I hereby cerWy thet. J have surveyed and platted the property described In thie plat. as CREEKSIDE and that thie plat. is a oorrect repre-
senl.aUon at sBid survey; that. all monuments have been .or 1rill be correctly placed In the ground as shawn or stated on the plat; that all
distances are correcUy ahown on the plat In feet. and hundredtha of a foot; that. the outslde boundary lines are correctly designated on the
plat; and that. there ...... no ....... lands as dermedin lIinne8ot.a statute. ,505.02. Subdi9laion 1. or public highwaY" to be designat.ed on the plat.
other than as shown thereon. .~'
Lynn P. eaa....ell. Land Surveyor
IlInnesot.a RegistraUon No. 13057
Sl.ate of Ilinneeol.a, County at
Janice M. Bcnre
The foregoin& instrument. ...... acknowieclsed before me thie _ dey of
IIInnesol.a Registration No. 13057.
1995 by'Lynn P. CasweI1, Land Surveyor.
Al30 In witness whereat said trail Head Land ne...eIopment Corporation bas caused these presents to be signed by its proper om.cer this
_ clay of . 1998.
TRAIL HJW) LAND DEVELOPKENT CORPORATION
Notary Public
Count.y, Ilinnesol.a
liy CommIsllion uplres:
By:
'George. N. Nelson, Jr., Cbiet hecutive Officer
AUlO In wit.uess whereof said Robert R. Andrews, Jr. has caused these presents t.o be lligned thia _ day of
Approved by the by the Planning Commission of the City of Stillwater, Ilinne.ot.a this _ dey at
1998.
, 1995.
By:
By:
. ChairperaoD
. Secretary
Robert R. Andrews, Jr.
Approved by the City Council of StIll...at~r. Ilinn~~ at. a re,uw. meeting thereof held this _ clay of
and Is In oompUance with the prcmlliona of Chapter 505.~. Subd. 2, llinnellOl.a statutes.
, 199B,
state of llInnesota. County of
The foregoing instrument yas acknowiedged before me this _ day of
1898 by Janice K. Bo...e. single.
By:
Attest:
Chairperson
Clerk
Notary PubHc
Count.y, Klnnesol.a
lI"ASHINGTON COUNTY SURVEYOR
Pursuant to Chapter 820, Laws of llInnesol.a. 1971, thia plat has been approved _ thia _ dey at
. 199B.
Ky CommIssion expires'
state of Ilinnesot.a, County of
The foregoing instrument...... acknowledged before me this _ day of 1998 by George K. Kewon, Jr., Chief
hecutive Officer at Trail Head tand Development Corporation. a Ilinneaota corporation, on behalf of the corporatlon.
. lI"ashIDgton County Surveyor
By:
Notary Public
COUNTY AUDITOR/TREASURER
There are no delinquent l.a:lr:es, the current l.ans due and pay&ble for the year 19_ have been pBid this _ dey of
199_.
County, Ilinnesol.a
liy Commission explree'
By:
lI"ashIDgton County Audltor,lTreaRurer
state of .llimleRot.a, County of
The foregoing instrument ...... aclmciwtedged. before me thia _ day of
By:
1998 by Robert R. Andren. Jr., Bingle.
Deputy
COUNTY RECORDER
Notary PubUc
Document Number
I hereby cerWy this instrument'...... filed In the o.ffi~e of the Count.y Recorder for record on this
199_ at _ o'clock _.M., and ...ee duly recorded In lI"ashington County Records.
day of
County, Ilinnesol.a
Ky Commission expires'
By:
lI"ashIn&ton County Recorder
By'
Deputy
John OlIver & AssocIa_ /nc.
....
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plastic plug stamped R.LS. 13057 to be
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o Denotes 1/2 Inch x 14 inch iron pipe set
with 0 plastic cap marked R.LS. 13057
~ Denotes County section monument found
. Denotes found 1/2 inch Iron pipe with no
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Drainage and Utnity Easements are shown
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Being 10 feet In width, unless otherwise
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VICINTY MAP
SECTlONS 19 " 30, TWP, 30, RHO. 20
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Meos or M denotes measured distance
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Recorded and Measured YClues along the W'ly " N'ly
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CREEKSIDE
---NIJ9055'<<JT 1098.28---
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for the purposes of this plat. the North Line
of the SW 1/4, SW 1/4, Sec 19, Twp 30, Rng
20, is assumed to bear North 89055'40" East.
Meas or M denotes measured distance
(NM) denotes distance as shown on recorded
plot of NEAL MEADOWS
(TE) denotes distance os shown on recorded
plot of TERRY8ROOK EST A TES
Recorded and Measured values along the
Westerly limits of Outlot 8, NEAL MEADOWS,
ore due to the recovered position of the
E 1/4 Corner of Sec, 19, T3ON, R20W, as
reverified by the Wash, Co, Surveyor,
o Denotes 1/2 inch x 14 inch iron pipe with
piastic plug stomped R.l.S, 13057 to be
set within I year of recording this plat.
o Denotes 1/2 inch x 14 inch iron pipe set
with a plastic cap marked R.L.S. 13057
@Oenotes Coun.ty section monument found
. Denotes iran monument found,
Drainage and Utility Easements are shown
thus:
I I
I I
5
I I
I I
I I
__'.~.L___J L____l'~__
Being 10 feet in width, unless otherwise
indicated, adjoining right-of-way lines.
and being 5 feet in width, unless other-
wise indicated, adjoining lot lines, as
shawn on the plat.
VIOHITY MAP
SECTIONS 19 Ie 30, TWP. 30. RNG. 20
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IN
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180
I
FEET
For the purposes of this plat, the North line
of the SE 1/4, SE 1/4, Sec 19, Twp 30, Rng
20, is assumed to bear North 89'55'40" East.
(NM) denotes distance as shown on recorded
plot of NEAL MEADOWS
(TE) . denotes distance as shown on recorded
plot of TERRYBROOK ESTATES
Recorded and Measured \/Olues along the W'ly
Ilc N'ly limits af Outlot A, NEAL MEADOWS,
are due to the recovered positian of the
E 1/4 Comer of Sec. 19, T30N, R20W, as
reverified by the Wash. Co. Surveyor.
. Denotes 1/2 inch x 14 inch iron pipe with
plastic plug stamped R.LS. 13057 to be
set within I year at recording this plat.
o Denotes 1/2 Inch x 14 Inch Iron pipe set
with a plastic copmarl<ed R.LS. 13057
@ Denotes County section monument found
. Denotes found 1/2 inch iron pipe with no
cop or license number.
Drainage and Utility Easements are shown
thus:
I I
I I
5
5
I
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I
L__~_l~__
Being 10 feet in width, unless otherwise
indicated, adjoining right-at-way lines,
and being 5 feet in width, unless other-
wise indicated, adjoining lot lines, as
shown an the plat.
VICINITY NAP
SECTIONS 19 " 30. TWP. 30, RNG. 20
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o Denotes 1/2 inch x 14 inch iron pipe with
plastic plug stomped R.L.S. 13057 to be
set within I year of recording this plot.
o Denotes 1/2 inch x 14 inch iron pipe set
with 0 plastic cop marked R.L.S. 13057
@Denotes County section monument found
. Denotes iron monument found.
Drainage and Utility Easements ore shown
thus:
I I
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)
1
1
~
I I
I I
I I
__~L___J L____l~__
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Being 10 teet in width, unless otherwise
indicated, adjoining right-at-way lines,
and being 5 feet in width, unless other-
wise indicated, adjoining lot line., a. .
shown on the plot.
VlClNlTY MAP
SECTIONS 19 .. 30, TWP. 30, RHG. 20
11
Bcrington Norlhern
,\"
I ,\~
c,-* SECTION
J
J.
Boutwell Rood
,\"
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I
SECTION
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H.
No 12
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HE Cor. 01 SF: I/~. \
SF: 1/.. Sec. /9-..... I
_ -North Litlll Of SE 1/4. SE 1/4. See 19- .......
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CREEKSIDE-Conservation &
Trail Easement Exhibit
N89"58',JO"E
N89'55'40"C
1096.22 (Mf)
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\ / -_17.08
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North Line Of NEAL MEADOWS As Monl.lm~ted - -
T
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FEET
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r"t....
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For the purposes ot this plot, the North Line
of the SW 1/4, SW 1/4, Sec 19, Twp 30, Rng
20. is ossumed to bear North 89'55'40" East.
, .....
....' ,
,
Meas or M denotes measured distance
(NM) denotes distance os shown on recorded
plot of NEAL MEAOOWS
(TE) denotes distance os shown on recorded
plot of TERRYBROOK EST A TES
~~~ Conservation Easement Area
~ Trail Easement Area
Recorded and Measured values along the Westerly
limits at Outlot B, NEAL MEADOWS, ore due to the
recovered position at the E 1/4 Corner of Sec. 19,
nON, R20W, os reverified by the Wash. Co. Surveyor.
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Creekside Information Sheet
Creekside is a 19 lot subdivision in the City of Stillwater. The
lots are contained in the RA zoning distict and are subject to
City of Stillwater zoning ordinances for RA-One Family Districts.
In addition, the lots are in an area that has recently been
annexed into the City of Stillwater (the annexation area) and are
subject to mitigation policies that have been defined in the
Alternative Urban Areawide Review (AUAR) The purpose of the
AUAR is to minimize or mitigate potential environmental impacts
from development in the annexation area.
Creekside is bounded on the east by single family homes that
currently are in Stillwater Township. These homeowners will have
the option to subdivide their lots into smaller lots that would
front onto the existing street in Creekside. To accomplish .this
subdivision, the homeowners would have to be annexed into the City
of Stillwater and be subject to RA zoning ordinances. The
property is bounded on the west by a partially wooded wetland with
a creek flowing through. This creek currently is a tributary to
Brown's Creek, a designated trout stream.
The Developer, Trail Head Development Corporation, will grade the
lots, install sanitary sewer, storm sewer, water service, curb and
gutter, street lights, development landscaping and mailboxes and
will provide for the installation of private utilites such as
natural gas, electric, telephone and cable TV.
There will be sidewalks on one side of the streets within the
development. The sidewalks will be located on the City right of
way and are for public use. Their is an eight foot bituminous
recreational trail that will run through the development. It will
run from Boutwell Road to the north end of the property along the
west side of the street. This trail is a part of a trail system
that is being developed by the City and will be owned by the City
upon acceptance. There will also be a nature pathway running
from north to south along the wetlands. This pathway will be
naturally surfaced and open to the public for foot traffic only.
The park contained in the development will be dedicated to the
City. Initial improvements to the park will be done by the
developer and the City. The City may make additional improvements
in the future. Residents are encouraged to participate with the
City in the planning and development of the park and trail system.
.
.
.
It is of utmost importance to the City and the Developer to
protect the corridor running along the creek as open greenspace
and water quality in the creek. There is a 100 foot conservation
easement from the center of the creek and 25 feet from the'edge of
the wetland that is recorded against each lot. The purpose of
this easement is to provide a natural buffer zone to filter runoff
and provide habitat. This buffer shall be allowed to remain in a
natural state. Residents may plant in this area but should
research their selections to be compatible with on site
conditions. Plantings to shade the stream are encouraged.
Fertilizer management and liiter control are important management
practices that are expected to be implemented to protect water
quality. Good resources to help with site planning are Soil and
Water Conservation Districts, USDA Soil Conservation Service,
Minnesota Cooperative Extension Service, and the City of
Stillwater.
Residents and builders are expected to implement and maintain
protection during construction of homes. Site access shall be
developed to minimize disturbed areas and runoff. Silt fence
shall be maintained until establishment of turf or natural cover.
Streets shall be kept clean at all times and construction debris
should be contained.
=
Handouts are attached to provide additional information.
THE UNDERSIGNED BUYER ACKNOWLEDGES THAT HE/SHE HAS READ AND
UNDERSTANDS THIS INFORMATION ON CREEKSIDE.
Buyer:
Date:
Buyer:
Date:
~
~
.
Protecting our Waters
People who typically buy lakeshore lots do so because they love the outdoors.
However there isa terrible stereotype of what the "perfect" lakeshore lot should look like when developed.
It includes an open, manicured bluegrass lawn right down to the water's edge. All of the aquatic plants in
front of the property are removed and a sand blanket is put in to create a swimming beach.
The landowners that do this have perfectly good intentions and they do not wish to damage the
environment. They are only trying to keep up with their neighbor's yard-keeping standards, or to manage
the lot like their parents or grandparents did.
What they really have done is to element the rich natural diversity of their lakeshore habitat and replaced it
with a boring, labor-intensive backyard.
You can take action to reduce your impact on the environment by retaining the natural characteristics of
your property. These practices are clearly aimed at residents who value the resource enough to protect it.
The guidelines are equally appropriate for property near lakes or rivers, and all are relevant for every
Minnesotan who shares a commitment to preserve our abundant water resources.
The water "weeds" that were ripped out to make a swimming beach were actually native aquatic plants that
helped prevent shoreline erosion. They helped purify the water and their photosynthesis created oxygen.
In fact, an open lawn down to the water's edge is an invitation for nuisance wildlife problems to occur.
Canadian geese walk onto the lawn to eat the bluegrass. Mallard ducks also like to loaf on such open
shorelines because it is a good vantage-point to watch for predators.
A "filter strip" is a zone of vegetation adjacent to a water body where management activities are kept to a
minimum so that less than 5% soil is exposed. A filter strip should be established in the area between the
shoreline (the ordinary high water level) and the area to be managed. (Figw-e 1) The width of the filter strip
will vary depending on steepness (percent slope), length of the slope, and soil type. In general, the steeper
the slope, the wider the filter strip should be.
S hall 0\01 roded g'8S3es
may p"O'Yidea tavO'"able
hatiit81 to' the estatlish-
mert ot deeper rolted
s.hrubs and trees
Vegetation removes 'w'at€l'
trom tl tit areas through
u~eke and tl'8.J19piration
Rods hold sal particl~ in ~ace \oIHle
deeper rods d \oIoody. vegeta5lJ'l
prevent sli pping d sallayel'3
Any alteration of the lakelriver bottom below the Ordinary High Water Level (OHWL) is subject to the regulatory jurisdiction of the
DNR.
Let's try a fresh, ecological, holistic look at lakeshore lot management and habitat preservation. The
primary feature of this concept is to imagine that you are creating a natural buffer zone along the lakeshore.
Your goal is to preserve or restore as much natural vegetation as possible to that zone while still providing
for reasonable lake access and recreatiooal opportunities for your family.
~
-'~:r
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If you own 100 feet oflakeshore frontage, think in tenns of naturalizing about 75 feet of shoreline and
using 25 feet for Lake Access, a boat dock, and/or a swimming area.
This Buffer zone or filter strip will reduce the amount of surface runoff and pollutants by allowing
interaction with the soils and vegetation. Pollutants are removed by physical processes such as filtration,
settling, by chemical binding processes and biological uptake. Even if you do not live directly on the
shoreline, the way you manage your household wastewater and property can have a significant impact on
water quality downstream. Pathways that carry contaminants may not always be obvious. Drain tiles,
ditches, storm sewers, paved roads, and shallow ground water can all carry pollutants from residential,
industrial, and agricultural areas into lakes, rivers, or wetlands. Fertilizers and chemicals applied to lawns
or crops can wash down driveways or ditches and end up in surface water. Improper disposal of hazardous
household waste or industrial chemicals can add toxins to our lakes. Poor land use practices result in
erosion, increasing the load of sediment in our rivers. These adverse impacts on surface and ground waters
not only affect water quality for human use, but also damage wildlife and fish habitat and /Other nanrral
resources.
Lawns and gardens near shorelands must be carefully planned and maintained to prevent possible
contamination of surface waters. Native vegetation should be considered as a quality alternative to cultured
lawns and landscapes. Landscapes will revert to a native state if no maintenance is performed; planting
native vegetation will hasten the process.
cr Natural vegetation cannot be excessively removed from the "Shore Impact Zone," generally a distance
of 50 to 100 feet from the surface water, depending upon the lake or river classification. Removal of
vegetation from slopes and bluffs is also regulated.
cr Yard waste, including leaves, grass clippings, fruit and vegetable wastes, and woody materials, should
never be allowed to enter the water. These materials contain phosphorus and may contribute to
degradation of surface water quality.
cr A landowner should develop a plan before beginning any management activities. This plan should
make clean water a priority while meeting the landowner's objectives.
rv . :~or Month:<br> Planting t...cologically when selecting species
http://www.extension.umn.edu/Documents/J/O/JOII07.htl
...........
~
UNIVERSITY OF MINNESOTA
Exterision
S E R V ICE
....................
April 20, 1998
May is Arbor Month:
Planting trees this spring? Think ecologically when selecting species
Nurseries and garden centers know how to appeal to the Johnny Appleseed in all homeowners. Young
trees and shrubs hold the promise of future shade, fall color and sometimes even tasty fruits and nuts.
Selecting a species that you'll enjoy for years to come, however, should involve more than just checking
a nursery tag for information on size and winter hardiness.
Gary Johnson, urban and community forestry specialist with the University of Minnesota Extension
Service, suggests an ecosystem approach to selecting the best planting for your yard. This takes into
account your area's soil type, precipitation, topography and natural vegetation.
"Minnesota is an ecologically diverse state and not all trees do well in every planting situation," Johnson
~ says. "Selecting trees that will grow into healthy additions to our yards requires knowing the planting
site and carefully matching trees to that environment." .
He says some people blindly favor so-called native species over introduced or non-native species, but
this approach can be short-sighted. "What the term native implies is that it is native to a certain niche in
the environment," Johnson says. "Unless your yard is identical to that ecological niche it may not do
well, while other introduced species may thrive."
Johnson said, for example, that several of the metropolitan Twin Cities counties are ecologically typical
of the Big Woods. Modem day factors can change that, however. These can include the amount of
topsoil that developers have left behind, soil compaction from foot traffic and development and even
salty winter road spray and runoff. These factors might spell doom for a native Big Woods species tree
such as an oak, maple or basswood, while certain introduced species could still do well.
Johnson encourages homeowners to research their tree selections carefully. "Too often, tree selections
are based on what a nursery is promoting or what a neighbor has planted, not on a good analysis of the
site and conditions."
~
Each publication sells for $3 (Minnesota residents add 7% sales tax), plus $2 shipping and handling. To
order, send a check payable to the University of Minnesota Extension Service, Distribution Center, 1420
lof2
8/18/98 2:50 PM
.
-.
.
. 5.1 FERTILIZElt MANAGEMENT
DESCRIPfION
Fertilizer management involves control of the rate.
timing and method of fertilizer application in urban
areas so that plant nutrient needs are met while
minimizing the chance of polluting surface or ground
water.
TARGET POLLUTANTS
This practice is directed at control of phosphorus and
nitrogen in runoff from landscaped areas. Nitrogen
is of special concern because of potential ground
warer contamination from nitrates.
EFFECTIVENESS
Fertilizer management can be an effective practice
for the control of nutrients from landscaped areas.
Significant nutrient loads can result from over-
application of lawn fenili1.er in urban areas.
Restricting the amount of fertilizer applied to the
quantity needed for plant growth will minimi7.e the
potential for surface or ground water contamination.
Although it is difficult to quantify the benefits.
proper fertilizer management will reduce the
availability of this material to be lost to surface or
ground water.
PLANNING CONSIDERATIONS
Phosphorus is a major water quality concern because
it is a primary cause of lake enrichment leading to
excessive growth of aquatic plants and algae.
Although misuse or misapplication of phospoolUs
feItilizer can cause water quality problems. it may be
needed to establish a healthy stand of vegetative
cover. Phosphorus is essential to seedling
germination and growth in new seedings. If the
seeding fails or is sparse because of a phosphorus
deficiency. the resulting erosion can cause sediment
pollution, which carries a large nutrient load with it.
In this case. the proper use of phosphorus fenilizer
can actually reduce long-term nonpoint soun:e
pollutioa In new seedings. phosphOIUS fertilizer
should be incorporated into the soil during seedbed
preparation. The soil should then be protected from
erosion with appropriate erosion-control practices.
Phosphorus fertilizer recommendations for new
seedings are included in Table 5.1-1.
Existing lawns should be aerated with a coring
machine before the fertilizer is applied. PhosphOlUS
fertilizer recommendations should be based upon a
soU test. In some areas in Minnesota. solls are
naturally high in phosphorus and other areas may
have high levels because of a build-up from previous
fertilizer applications. In these cases, it may be
lO/89
5.1-1
~
possible to use fertilizers that do not contain
phosphorus. Phosphorus fertilizer recommendations
for existing lawns are included in Table 5.1-2. When
fertilizing vegetable and flower gardens. Table5.1-3
can be used as a guide for phosphorus fertilizer rateS.
~
Nitrogen is the fertilizer element that generally
brings about the greateSt response in plants. It is
found in soils in the ammonium form. the nitrate
form, and as a component of soil organic matter. In
all but very wet or dry soils. the ammonium form is
readily converted to the nitrate form. This nitrate
form is completely soluble and is not held tightly by
soil particles. Therefore. nitrate can readily leach
downward and contaminate ground water. Ground
water contamination is most likely when excess
nitrogen fertilizer is applied on sandy soils that are
highly permeable. Because of the mobility of nitrate
in most soils, nitrogen soil tests are not generally
used for making nitrogen fettilizer recommendations
in Minnesota. Nitrogen fertilizer guidelines for
lawns and gardens are as follows:
New lawn-Apply and incorporate 0.5 lb N/1OOO
square feet (0.5-1 inch into soil) before planting.
Existing lawns-Apply 0.5 -1.0 lb N/1000 square
feet two to four times per year. Grass clippings left
on the lawn (if evenly distributed by the mower) can
be equal to one fertilizer application per year. A
good role is never to apply ~ than 1.0 lb. N/lOOO
square feet in anyone application.
Vegetable and flower gardens-Apply 0.2 lb. NI
100 square feet An additional 0.18tb. NI100 square
feet may be needed as a sidedress for sweet com,
tomatoes. and cole crops.
~
To avoid nitrogen loss on sandy soils. apply fertilizer
at one-half the rate but twice as often. Another
option to avoid nitrogen loss in sandy soils is the use
of slow-release nitrogen fertilizers or natural organic
nitrogen sources. Applying no more than the
suggested rate of nitrogen fertilizer will minimize the
chance of ground water pollution problems.
Tabfe 5.1-1: PhOsphorus suggestions fOr
New Lawn Before Seeding Or SOddlng1
Phosphorus(P)
soil test
IbJacre
0-20
21-50
Over 50
Amount of phosphate
{P 20J to apply
1b./1 ,000 sq. ft.
5.0
2.0
0.0
lPhosphale fertiflZer should be incorporated
(tilled in) 4 to 6 Inches before seeding or
sodding.
Source: Minnesota extension Service, 1980.
Table 5.1-2: Phosphorus Suggestions For
ExIsting Grass1
Phosphorus (P)
soil test
1b.1 acre
0-10
11-20
21-50
Over 50
Amount of phosphorus
(P20J to apply
IbJ1 ,000 sq. ft.
2.0
1.0
0.5
0.0
'SolI should be aerated with a coring machine
before tertitizer Is appUed.
Source: Minnesota Extenelon Service, 1980.
5.1-2
twg9
..)
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.
It
Guidelines for FertiJizer Application and Landscape Maimeuance
1. Have your soil tested and follow soil test recommendations. In some areas, local city
governments have passed ordinances reauIating fertilizer use on lawns. The homeowner
should be aware of any locaI regulations before applying fertilizer.
.
2. For ftuthcr information on calculating fertilizer rates and methods of fertilizer application,
refer to Minnesota Extension Service, 1980.
3. Water your lawn after ferh1irn,g. but do not allow water to nm off into streets or lakes.
4. Any fertilizer spilled on roads or sidewalks should be promptly cleaned up.
S. Never apply fertilizer to frozen ground.
6. Be careful not to deposit fertilizer in the water when applying ferti1i~r near a lake.
Table 5.1-3: Phosphoftls Suggestions For
Vegetable And Rower Gardens
Phosphorus(P)
soil test
IbJacre
Amount of phosphate
(P 20.) to apply
IbJ100 sq. ft.
Q.10
11.20
21.30
31--50
Over 50
0.4
0.3
0.2
0.1
0.0
'Phosphate fertftizer should be incorporated
(tilled In) 4 to 6 inches before seeding Of
sodding.
Source: Minnesota Extension Service. 1980.
5.1.3
10/89
.~
5.2 LITTER CONTROL
DESCRIPrION AND PURPOSE
Utter control involves the removal of liner from
, ',6 streetS and other surfaces before nmoff or wind
~,~.. moves these materials to surface waters. This
. . practice will prevent litter from becoming pollution
as well as improving the aesthetics of the area.
TARGET POLLUTANTS
A major source of phosphorus in wban runoff is
leaves and lawn cllppings. Removing these
materials before they enter surface waters can reduce
Phosphorus loadings significantly. In addition to
leaves and lawn clippings. litter that should be
controUed includes pet wastes. trash. ou. and
chemicals. In addition to contributing nutrients.
most of these m.aterials are organic and can create a
high oxygen demand as they decay in water. Pet
wasteS are also a major source of bacteria in urban
runoff.
EFFECTIVENESS
eM.
. '~'.' '''. .
The effectiveness of a litter control program will
depend upon the degree of public participation. A
stUdy of storm mno1T into Minneapolis lakes found
that phosphorus levels were .reduced by 30 to 40
percent when street gutters w~rc kept free of leaves
and lawn clippings (Shapiro and Pfannkuck, 1973).
This indicates a substantial benefit from controlling
these materials.
PLANNING CONSIDERATIONS
There are two categories of litter control programs,
source reduction and removal programs. Haak and
Qberts, 1983. offer the following suggestions for
source reduction programs:
. Litter containers should be conveniently
placed and emptied frequently to prevent
overflow.
. Recycling programs should be promoted.
. Public education programs should be
developed since litter control programs
depend upon public support.
Litter removal programs include refuse and leaf
collection, street cleaning, and catch basin cleaning.
Garbage collection can reduce the amount of trash
that ends up in water. Trash collection is no more
effective than the public commitment to reduce
littering in the fiat place. Removing trash from
public areas is usually done for aesthetic reasons.
Leaf collection occurs at the publiC and private level.
10/89
5.2-1
\j.
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MEMO
To:
From:
Subject:
Date:
Mayor apd City Council
Steve Russell, Community Development Director {l/
Update on Open Space Committee Activities
December 10, 1998
In March 1998, the City Council officially established the Open Space Committee and set their
charge as listed below:
1. Long Lake Woods. Strictly enforce wetland setback requirements for Echo Green area (50
foot setbacks for roads or building).
A. Obtain additional information on availability and cost of Gadient Property.
B. Develop open space trail system connecting Washington Parkway (Manning Avenue) to
Gadient woods through Liberty/Legends project to Long Lake and City Woodland Park.
C. Review development alternatives to minimize development impacts on woods
2. Review tree protection ordinance to make sure it provides maximum legal protection of
significant trees
3. Review existing and develop updated city-wide open space site list.
*4. Obtain information on open space funding program LCMR, Green Corridors, Natural Scenic
Grant Program, ICETEA and others to assist with funding of open space program. Brown's
Creek Watershed District.
*5. Meet with Land Trust for public land and other open space organizations to see what
services are available.
6. Review development incentives to preserve open space.
Over the past nine months, the following activities have been completed by the Committee:
1. Long Lake Woods. The Committee has conducted a site tour of the Long Lake Woods and
Gadient portion of the woods. The Planning Commission and Open Space Committee is
currently meeting with a developer to see if a cluster housing development concept could be
implemented to preserve the woods and open space.
A trail leading from Manning Avenue and the future county trail to Long Lake through
the Gadient woods is in the recently adopted trailways plan for the expansion area.
t
t
Mayor and City Council
Page 2
December 10, 1998
.
The possibility ofthe City applying for DNR funds through the Natural and Scenic Grant
Program to purchase the Gadient wood site was considered but an alternative site seems a
better candidate for that program.
2. Tree Ordinance. The City has hired a forester and established a Tree Committee with
representation from the Open Space Committee. A draft ordinance is being prepared and
should be ready for public hearing review and adoption early 1999.
3. Open Space Site Use. The Open Space Committee has reconsidered the open space site list
(see attached map) and recommends the Brown's Creek Park site as thetop priority site
followed by the Gadient Woods site. The Committee recommends that the Council direct
staffto explore the possibility of making application for Natural and Scenic Grant Program
funds to assist with the purchase of the site (see attached memo dated 8-12-98). The Natural
Resource Inventory for the Phase II expansion area currently underway will provide natural
resources information that can be incorporated into a DNR grant request.
4. Grant Information. The Committee has obtained information on available grant programs
that may be available to assist the City in obtaining open space sites.
5. Open Space Information. The Open Space Committee has met with several natural resource
agencies and organizations. These organizations described their programs and areas of
expertise are available to the Open Space Committee. The Open Space Committee held three
site tours to review natural conditions in the expansion area with various natural resource
experts.
~
6. Development Incentive. The Open Space Committee has reviewed the cluster concept and
density bonus to provide an incentive for developers to set aside additional open space land.
The cluster/density bonus concept is currently being explored on the Gadient/Bergman
Property (see attached memo).
Recommendation: This information was presented for Council information to give an update on
Open Space Committee activities in 1998. The Committee looks forward to attempting to
preserve a significant open space resource in the Phase II expansion area as part ofthe Brown's
Creek Park Area (see attached map).
~
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Leah Peterson
7160 Mid Oakes Ave
Stillwater MN 55082
439-5108
Cory Mohan
1112 South Second Street
Stillwater MN 55082
430-3086
John Baer
812 Sixth Ave South
Stillwater MN 55082
430-6883
Laurie Maher
3018 Marine Circle
Stillwater MN 55082
W 439-3838
H 439-8487
Nancy Brown
518 North Owens Street
Stillwater MN 55082
430-3307
Mina Ingersoll
5522 West Bald Eagle Blvd
White Bear Lake MN 55110
W 439-4840
H 429-0838
t'._
Open Space Committee
Established March 17, 1998
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Steve Russell, Nile Kriesel, Klayton Eckles
December 10, 1998 - Revision
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Opep. Space
'"
I
I
.-
Ir----
II
I.
;",- ---.
.~l..__
I;
j.:
'I;
Key
D .Open Space
Lakes
/\ ./ County Trails
"/\v/ Proposed Trails
IV Streams
N
Open Space list compiled
from "Stillwater Open Space Report"
by Kathryn Malady, August, 1 ~5
and Stillwater Open Space Coounitee
Jillle, 1998
E
s
2000
o
2000
4000
6000 Feet
1 :30562
I,.
City of Stillwater
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Memo
To: City Council
From: Open Space Committee ;z----
Date: 08/12/98
Re: DNR Natural & Scenic Area Grant Matching Funds
Minnesota Department of Natural Resources - Local Grant Program
Natural and Scenic Area Grant Program
The MN DNR's local grants program assists local governments in acquiring fee title acquisition and
permanent easement acquisition of natural and scenic areas. These funds are on a competitive
selection process.
Recently they have not been extremely competitive and now is a good time to apply. The grant
applications require funding to be available and finances are needed to fulfil the application
requirements. The Grant Applications must be submitted before March 31 to be eligible for funding and
project selection by the DNR happens sometime the following summer.
Right now is the time for the City of Stillwater to start planning for natural and scenic protection in our
city. With the DNR help it is possible to save areas within our city for enhancement of the quality of life
of the citizens and promote the benefits we receive from the current urban forests and openspace.
~
The funds will be applied to two possible land acquisitions being studied by the Stillwater Openspace
Committee. The two areas are the "Gadient Woods" (attachment A) and "Morgan Court" (attachment
B) which are both distinct natural area. The Gadient Woods are Oak woodland with large mature oaks.
Morgan Court has a natural prairie Savannah. Both offer the City of Stillwater a good possibility to help
enhance and protect natural and scenic areas in the City of Stillwater. With the addition of the land, the
City of Stillwater would gain valuable natural lands that will enhance the quality of life for the residents
of Stillwater.
Grant awards are typically for fifty percent (50%) of the total eligible project costs up to the maximum
grant amount of two hundred thousand dollars ($200,000). The match for the Natural and Scenic Area
Grant Program must consist of cash as required by the DNR.
The DNR also has a Trails Systems Grant that will help connect and increase the accessibility of the
parks and natural areas in Stillwater. This Grant has similar requirements and can assist in an overall
plan of continuous connection of our City's natural resources. (Attachment C)
These programs require the City of Stillwater to apply the funds for a matching grant. With the
maximum, grant match for natural and scenic areas being two hundred thousand dollars ($200,000).
The Openspace Committee believes two hundred thousand dollars ($200,000) should be supplied by
the city to. maximize the grant possibility and try to incorporate the possibility of other grants with the
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. Page 1
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RESOLUTION NO. 98-
ADOPTING THE FINAL BUDGET FOR THE YEAR 1999
Be it resolved by the City Council of the City of Stillwater, Minnesota, that the proposed
operating budget for the General Fund is hereby adopted for the year 1999 with revenues and
expenditures in the amount of $6,802,342.
Adopted by the City Council this 15th day of December, 1998.
Mayor
Attest:
City Clerk
RESOLUTION NO. 98-
ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1999
Be it resolved by the City Council of the City of Stillwater, Minnesota, that the sum of
$4,237,385 be and the same is hereby levied against all ofthe taxable property of the City of
Stillwater, Washington County, Minnesota for City purposes for the year 1999.
Adopted by the City Council this 15th day of December, 1998.
Mayor
Attest:
City Clerk
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~ MEMO
To:
From:
Subject:
Date:
Mayor and City Council .' ./
Klayton Eckles, City Engine~ ~d Steve Russell, Community Development Director
Comments on Brown's Creek Watershed District Proposed Rules
December 11, 1998
The following general and specific section comments are presented for Council consideration
and approval so they can be forwarded to the Brown's Creek Watershed District with the full
awareness and support ofthe City Council.
Your staff feels the proposed rules have the potential to undermine the CitY's Comprehensive
Plan and AUAR Mitigation Plan and the efforts ofthe City, Stillwater Township, property
owners and developers in charting the future ofthe Stillwater City Expansion Area.
The proposed rules are significant enough for the Council to possibly meet with the BCWD at a
workshop to make sure the proposed rules are understood by the City and the concerns of the
City are heard by BCWD Board members.
It is unfortunate the Brown's Creek Watershed District has chosen not to recognize the City's
~ comprehensive planning efforts and AUAR Mitigation Plan.
Recommendation: Forward letter and comments from Mayor on proposed rules to Brown's
Creek Watershed District.
Attachment: Brown's Creek Watershed comments
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City of Stillwater Comments on
Brown's Creek Watershed District Proposed Rules
General Comments
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Brown's Creek Watershed District was established to manage water quality and quantity within
the entire Brown's Creek Watershed District. The City of Stillwater is a part of the district and
shares natural resources and stormwater management concerns with the District. The District
can play an invaluable role by managing, coordinating and regulating stormwater issues that
transcend local government boundaries and require district-wide action.
The City of Stillwater through its comprehensive planning process has addressed land use issues
that effect stormwater management. An Alternative Urban Area Review (AUAR)
(environmental impact report) was prepared at a considerable expense that factually and
scientifically address the impact of comprehensive land use on Brown's Creek. The AUAR
directly involved and benefitted from the participation of all state, regional, local and other
natural resource agencies and organizations interested in the protection of Brown's Creek.
Based on this comprehensive, factual and scientific analysis of comprehensive plan land use
impacts on Brown's Creek, a mitigation plan was developed and adopted that when implemented
mitigates or reduces the impacts of comprehensive plan development to an insignificant level.
The burden to the City of Stillwater for the mitigation plan is large, $3 - 4 million.
The City of Stillwater feels that the recent Comprehensive Plan Expansion Area AUAR is
thorough and does provide a detailed watershed management strategy for the City portion of the ~
watershed as contained in the AUAR mitigation plan. Progress on the management plan was .,
recently documented in an extensive report presented to BCWD (11- 98). The analysis contained
in the AUAR is much more factual and scientific then the first generation watershed management
plan prepared by the WMO. The AUAR is in effect a subwatershed plan and management
strategy based on sound scientific and natural resource principals that protects Brown' Creek
from development impacts. The proposed draft rules for the watershed are not based on
scientific or factual information for Brown's Creek. The rules are based on a review of
"stormwater management ordinances of a number of cities, counties and watershed district in
other states".
The City of Stillwater strongly contends that the comprehensive management strategy contained
in the AUAR, based on the specific unique condition of Brown's Creek and the City
subwatershed area is much more effective and appropriate then rules from watersheds in other
states. Further, we feel the City Comprehensive Plan AUAR is in effect a second generation
watershed plan for the City of Stillwater subwatershed area and should be accepted and approved
by the BCWD in lieu of the proposed regulations and incorporated by reference into the second
generation watershed plan when it is developed. .
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Specific Comment
The draft regulations may be appropriate for large lot suburban or rural areas, but are not
appropriate or practical for urban density development as is contained in the City of Stillwater's
Comprehensive Plan.
The following comments are offered by section as they appear in the proposed rules.
Definitions
Expansion - need to define structure as used in this definition.
Facility - spell out standards 2.5
Feasible - is subjective and interpretation is at the pleasure of the District Board. Given the far
ranging economic and engineering impact subject to this interpretation, thi~ definition will lead
to many controversies. What is a trout stream worth?
Highly susceptible wetland type - includes "seasonally flooded wetland." This is the lowest
grade wetland and receives the lowest level of protection under the Wetlands Conservation Act.
Often this type of wetland is barely discemable from non-wetll!lld and is usually a depression in
an area of predominant uplands. It is likely to be heavily impacted by development. In many
urban situations this type of wetland will eventually transform into a Type II or Type III wetland.
Application of the "bounce" buffer standards to these wetlands is impractical and would have
serious impacts on land use. Therefore, seasonally flooded wetland should be moved from the
highly susceptible wetland type to the slightly susceptible wetland type.
Impervious - what if surface has not yet been compacted but could be with use, it is impervious?
Land-Altering Activity - spell out in this section rather than reference for clarity.
Pre-development - is BCWD regulating vegetation removal as related to development.
Reconstruction - is expansion and reconstruction the same for repairs and alterations?
Redevelopment - where is redevelopment used in regulations.
Steep slope - Twelve (12) percent grade is not a steep slope. Twenty-five (25) percent or 30
percent is a steep slope. Twelve (12) percent is a moderate slope.
Section 1.3 The 60-day time frame seems excessive for minor projects that require a permit.
Authorizing BCWD staff to issue "minor permits" should be considered.
This section allows the managers 60 days to take action on an application. This
coupled with the 28-day submittal deadline in Section 1.6 yields an 88-day turn
around for all permit applicants. Thirty (30) days should be the maximum time,
given that District review is supplemental to local reviews.
Section 1.4 If proj ects are consistent with local plans then a process of certification rather than
another complete review may be appropriate to reduce the time and cost of a
second level of review.
The notification process discussed in this section is overly bureaucratic. A
landowner moving as little as three truckloads of dirt need not receive comment
from landowners as distant as 600 feet. Normal permit review does not require a
public hearing for erosion control. New plats and development plans will go
through public hearing processes at the local level that provide many
opportunities for public comment.
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Section 1.5 The state required City notification area is 300 feet. Six hundred (600) feet seems
excessive and expensive but may be appropriate in large lot rural areas.
Section 1.6 The time required for decision for small projects seems excessive.
Section 1.7 What are the days of the regular board meetings? "The Board meets bi-monthly
on the first and third Mondays ofthe month"?
Section 2.1 "Promote on-site infiltration" does not seem to be a purpose but a method of
achieving 2.1.2., 2.1.3, and 2.1.4 and should be removed from this section and
relocated in another section or sections that describe management methods.
Section 2.2 Generally, this applicability section is too extensive. Can not find 2.8 exceptions
in rules.
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a) Why four or more lots? This excludes most ofthe unplanned large lot
development in suburban and rural areas.
b) Non-residential commercial development typically have 60 - 70 percent
impervious surface. Five percent of impervious surface would be 2,000
square feet of an acre site. All commercial development would require
BCWD review.
c) This would be difficult to implement based on the definition of
redevelopment. What if all redevelopment is internal remodeling or does not
increase.impervious surface. Why review? How determined?
d) This will be difficult to control. The City of Stillwater does not require
paving permits.
e) As above, this would be difficult to control. Public street and utility projects
should be exempt from regulations.
As previously discussed in the general comments, the City of Stillwater has
already developed an entire storm water management plan for its expansion area.
The level of engineering and planning involved in the City process is unique to
the watershed and needs to be accepted and endorsed by the Watershed District.
Section 2.3 The BCWD should review and comment on development plans when being
reviewed by local government so that BCWD review does not surprise the
applicant and result in development review delays. Because the rules set
standards that are not practical or "feasibly" achievable regarding infiltration or
other innovate state of the science on-site methods of retention, it may be difficult
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Section 2.4d and Appendix 2.3
The proposed wetland susceptibility chart is a good guideline for planning, but
should not be used for regulation. Wetland bounce must also be balanced with
other habitat impacts and land use planning. The Wetland Conservation Act
states that one purpose of wetlands is storm water retention and allows for
changes in the periodic inundation. In this case, the Wetlands Conservation Act is
sufficient and no additional regulations are necessary.
Section 2.5.4. Appendix 2.5 was not included and therefore it was not possible to comment on
this proposed rule.
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Section 2.5.5. Since infiltration, basin design is subject to decreasing efficiency over time (even
when properly maintained), municipalities would be put in a precarious position
were they to accept responsibility for ongoing maintenance and guarantees of
operational efficiency. This section is in essence a mandate on municipalities as
there are no effective guaranteed methods of insuring property owner compliance.
Under most conditions, municipalities will be the ultimate responsible party for
maintenance of storm water systems. In this case, as this is a District requirement,
the District should take responsibility for insuring the proper operation and
maintenance of these facilities.
In addition, it is quite probable that regional infiltration facilities will be more
effective for treatment and more efficient in use of land. Regional facilities may
also allow for better use of highly permeable land for infiltration areas. Since
regional facilities might be associated with more than one landowner or developer
and could often be "off-site" facilities it would be necessary to have a public body
insure that the facilities are maintained and operational. This again points to the
possibility of District responsibility.
Section 2.6.8 This section discusses runoff volume analysis for the 1.5-Year Critical Event
under existing and proposed additions. This appears to be at odds with Rule 2.4b,
which states 1.5 year 24 hour event.
Section 2.7.4. It appears that the City of Stillwater Mitigation Plan meets Condition A of this
section.
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Appendix 2.1 Item 4 that suggests natural depressions be used for runoff storage and infiltration
appears to be in conflict with Appendix 2.3 that discusses permitted bounce. ~
Natural depressions are often times seasonally flooded wetlands, which do not
allow for any additional bounce under Appendix 2.3.
In general, it does not appear that the District is the appropriate agency to set
planning and engineering standards for development and utility design. The list
provided in Appendix 2.1 has an excellent list oftargets or guidelines, but many
are inappropriate as regulations since most are very subjective.
Section 3.1
It is good policy to require an erosion control plan for all land development
activities. Given that there are already permit requirements at the state and local
level, the need for yet another level of government review of erosion control plans
seems excessive.
Section 3.2 Under the proposed regulation any party moving more than 50 cubic yards
(approximately 3-4 large dump trucks) or removing vegetative cover on 1,000
square feet (the size of a moderate garden), it is required to submit an erosion
control plan prepared by a "qualified individual" and proceed through an 88-day
review period. If the District is prepared to provide all ofthe consultant and staff
time necessary to process and review the numerous permits that will fall within
these parameters, perhaps local governments would be willing to discuss ways of
streamlining the process and sharing responsibility.
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One possibility: Local governments discontinue erosion review and pass this task
to the Watershed District.
Section 4.4.4 How will BCWD regulate tree cutting? Size, location, type, condition of tree.
How will vegetation clearing fires in buffer zone be regulated. The district is
taking on a tremendous burden of enforcement in buffer areas. Maybe better to
coordinate with local governments (City of Stillwater is adopting a buffer
ordinance).
Section 4.44e The Wetland Conservation Act allows for utilities in wetlands. It is the local
government responsibility to determine if it is "feasible" to put utilities in a
wetland or in buffers.
4.71 It is the local government's responsibility to determine what is "feasible." From a
practical view, typically the additional cost associated with working in wetlands
or questionable soil results in roads and utilities being designed to minimize
impact on wetlands and buffers.
Other Comments.
How do the proposed rules effect City expansion area development in the Phase I, III, III and IV .
areas? For Phase I, overall concept PUD and preliminary plats have been approved along with
Phase I final plats. Utility plans for the entire phase I area have been approved and some
facilities constructed. Will the regulations apply to future final PUD and plat approvals?
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The application of these regulations to approved and planned development in the City is critical.
Major comprehensive plan and property rights issues are raised by the adoption and application
of the proposed rules.
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BROWN'S CREEK WATERSHED DISTRICT
STATEMENT OF NEED AND REASONABLENESS
PROPOSED RULES OF THE WATERSHED DISTRICT
November 6, 1998
The purpose of this document is to summarize the proposed Rules of the Brown's Creek
Watershed District ("BCWD"), and to set forth the need for and reasonableness of these rules.
The BCWD was established by order of the Minnesota Board of Water and Soil
Resources on October 22, 1997. The total area within the Brown's Creek Watershed is 28.3
square miles, which includes all or part of the municipalities of the City of Stillwater, Stillwater
Township, May Township, the City of Hugo, the City of Grant, the City of Oak. Park Heights, the
City of Lake Elmo, and Baytown Township. The BCWD was granted all of the powers,
authority, and duties provided by law. The Minnesota Watershed District Act generally provides
for the creation of waters~ed districts "to conserve the natural resources of the State by land use
planning, flood control, and other conservation projects by using sound scientific principles for
the protection of the public health and welfare and the provident use of the natural resources."
Minn. Stat. g 103D.201, subd. 1.
All watershed districts in Minnesota must adopt rules to accomplish the purposes of the
Watershed District Act and to implement the powers of the watershed district managers. Minn.
Stat. g 103D.341. The proposed BCWD Rules are intended to implement the basic policies
established in the District's first generation Watershed Management Plan. The proposed Rules
regulate land use and water resource activities through a permitting program, and are intended to
provide notice and general guidance to the public about the substantive criteria that the Board of
Managers will utilize in determining whether and under what terms to grant a permit for these
regulated activities. The proposed Rules also provide guidance on the procedures to be used for
permit applicants and the enforcement of permit terms and conditions.
The BCWD has developed these revisions in a process that has included regular meetings
of a technical advisory committee consisting of BCWD managers and staff, representatives of
municipalities within the district, the Minnesota Board of Water and Soil Resources, the
Department of Natural Resources, the Metropolitan Council, development interests, trout protection
interests and consulting hydrological engineers.
A more detailed explanation of the proposed Rules follows.
1.0 Procedural Requirements.
Proposed Rule 1.0 sets forth the general procedures which persons must follow in
applying for a permit to the District. All permit applications must be signed by the property
owner. Permit application forms are available at the District Office.
The BCWD affirms that the fundamental land use and zoning policies are established by
municipalities. Accordingly, the BCwn Managers will only review permit applications
BCWD Proposed Rules SONAR
November 6,1998
1
involving land development after the municipality has provided preliminary approval of the
proposed project. In this way, the District will not undertake the evaluation of the water .
resources impacts from the proposed project until it is determined by the municipali!y that the
proposed project is consistent with the municipality's comprehensive plan and zoning
ordinances.
The District seeks to obtain all necessary public input concerning permit applications.
Accordingly, the permit applicant must assist the District in notifying all property owners who
reside within 600 feet of a proposed project.
In order to allow adequate time for proper staff and technical review of permit
applications, the Board of Managers will only consider permit applications which have been
received at least 28 full days prior to the scheduled meeting date. The managers will act on
permit applications within 60 days of receiving a complete application.
2.0 Stormwater Manae:ement.
Background
Storm water runoff from land development projects presents significant concern to the
BCwn with respect to flood control, water quality protection, and thermal impacts. Roadway
construction, increased pavement and other hard surfaces associated with land development, as
well as agricultural practices, have meant increased problems from storm water runoff which
must be managed and controlled to prevent downstream flooding. Stormwater runoff also
collects phosphorus-laden sediments that drain into the lakes, wetlands, and streams of the .
watershed, rather than filter through the ground. This "non-point" source of pollution, . . .. ...
stormwater, is the leading source of water pollution in the United States.
The BCwn Water Resources Plan identifies flooding and surface water quality as two
main existing and potential problems within the watershed. Regarding flooding, the Plan states:
"The potential for flooding does exist in all portions of the watershed, with the most significant
threat existing in the morainic topography of the western and northern areas. The potential threat
exists because the current system of planning does not fully take into account the fluctuating
water levels of lakes, ponds, and wetlands (which have no existing outlets) with respect to
localized development and road construction." BCwn Plan at pp. 29-30. The Plan also notes
that non-point sources of storm water runoff from agricultural and urban lands are major
contributors to pollution of area lakes and streams. Id. at p. 30. While many of the
municipalities have adopted some form of flood control or stormwater management ordinances,
none of the municipalities have the local water management planning process mandated by
Minnesota Statutes 9 103.B.235.
Rule 2.0 imposes requirements on the development of land within the watershed for the
purpose of limiting the potential negative impact of development on stormwater flow rate and
quality. In developing these revisions, the BCwn has reviewed the stormwater management
ordinances of a number of cities, counties and watershed districts in other states.
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BCWD Proposed Rules SONAR
November 6,1998
2
.
Legal Authority
The legal authority for watershed district adoption of storm water management rules
derives from Minnesota Statutes chapters 103B and 1030. Under Minn. Stat. 51030.341, subd.
1, watershed districts must adopt rules "to accomplish the purposes of [the watershed act] and to
implement the powers of the managers." These purposes include flood control, regulation of
surface water flows, water quality protection, control of erosion and siltation of water courses,
and groundwater protection. Id. at 5 1030201, subd. 2. ~istrict managers further are authorized
to regulate and control the use of water within the watershed district and the use of streams,
ditches and water courses to prevent pollution. Id. at 5 1030.335, subds. 10 and 16. Finally,
watershed districts in the Twin Cities Metropolitan Area are authorized to regulate the water
resources impacts of land use and development where local government units have not adopted
district-approved local water management plans. Minn. Stat. ~ 1030.335, subd. 23; ~ 103B.211,
subd. 1.
The Proposed Rule
The purpose of the rule is to minimize the extent to which land development alters the
pre-development runoff characteristics of the land, namely the peak flow rate, flow volume and
runoff water quality. Under the rule, any person proposing to engage in "land-altering activity"
above a specified threshold must submit, obtain BCWD approval of, and implement a
stormwater management plan.
.
Applicability of the Rule
"Land-altering activity" is defined as the creation of impervious surface. In determining
the thresholds at which the creation of impervious surface becomes subject to the rule, the
BCWD has considered both the amount and density of impervious surface that a particular
activity would create and the engineering and cost burdens that the rule would impose in
conjunction with that activity. Thus, residential subdivision and development are subject to the
rule only when four or more lots are being created by subdivision or built on. Non-residential
development on an undeveloped site is regulated if more than one acre or more than five percent
of the site area is to be rendered impervious; if a site already is developed, any increase of 5,000
or more square feet of impervious surface requires compliance with the rule. If a site is
undergoing substantial change so as to constitute "redevelopment" under the rule, and if the site
is five acres or more, the BCWD presumes that site redesign opportunities and site area allow for
the institution of measures to meet the requirements of the rule. Finally, any road, bikeway,
sidewalk or other impervious linear surface of one acre or more is subject to these rules. These
thresholds are comparable to those in the storm water ordinances of some thirty other
jurisdictions that the BCWD has reviewed.
Standards: Peak Flow, Volume and Water Quality
.
The development of land for residential, commercial, industrial, institutional or other uses,
by altering stormwater flow patterns and degrading stormwater quality, can result in injury to
downgradient land; to the stability of the bed and banks of downstream watercourses; to the quality
of downstream waters and to the habitat they provide. Terrain alteration and the replacement of
natural, vegetated cover with impervious surface such as roadway, rooftop, parking area or
BCWD Proposed Rules SONAR
November 6. 1998
3
sidewalk has several effects of concern. It increases stormwater flow velocity; reduces the
proportion of stormwater flow that infiltrates into the ground on site; and increases the transport of ~
both sediments and man-made pollutants-- oil and grease, antifreeze, deicing materials, metal and .. j
rubber particles from motor vehicles, fertilizers and herbicides-- into downgradient surface waters.
For those activities subject to the rule, stormwater management must be controlled in three
respects to prevent harm from a change in surface flows: peak flow rate from the site, flow
volume from the site and runoff quality.
Control of peak flow is the most important means to prevent downstream flooding, limit
sedimentation and protect the physical integrity of downstream watercourses. Fundamental to
nearly all of the stormwater management ordinances the BCWD has reviewed is the requirement
that development not increase peak flow from a site. Under the proposed rule, development may
not cause an increase in the peak flow rate from the site during a 1.5-, 10- or 100-year storm of 24-
hour duration. Further, the rule requires specific attention to the impact of peak storm water flow
from a developed site on downstream lakes and wetlands. To ensure that short~term, storm-induced
change in lake or wetland water level does not adversely affect the banks, vegetation or habitat of
the water body, peak flow "bounce" for 1.5-, 10- and tOO-year storms is required to be limited to an
amount ranging from zero to no limit, depending on the vulnerability of the lake or wetland class.
Lake and wetland vulnerability classes are listed in an Appendix to the rule.
Research has led to the generalized conclusion that coverage of ten percent or more
impervious surface within a watershed degrades receiving waters, their beds, their banks and the
habitat within them. Allowing for a margin of scientific uncertainty and the greater sensitivity of
particular areas, the proposed rule permits flow volume increases associated with five percent
impervious coverage of a site before flow volume management is required. The increase in flow a
volume associated with five percent impervious coverage is calculated on the assumption that the ..
permeability of the soil underlying the impervious surface is average for the site. Beyond this
"five-percent" allowance, on-site infiltration must be used so that there is, as compared with the
pre-development state, no increase in off-site flow volume for up to a 1.5-year storm of 24-hour
duration. A limited exception to the rule is granted where on-site infiltration is used to the degree
feasible but still does not secure compliance with the flow volume standard. In this case, off-site
infiltration must be used to meet the flow volume standard, to the degree off-site treatment is
feasible.
Regulation of flow volume serves somewhat different purposes in landlocked and non-
landlocked areas of the watershed. In landlocked areas, an increase in off-site flow caused by
land alteration will create impacts on down-gradient water tables and land already experiencing
problematically high water. In non-landlocked areas, flow volume is regulated as well to prevent
injury to downstream owners. In addition, allowing stormwater that, in the pre-development
state, infiltrated to groundwater to flow to Brown's Creek overland and by way of wetland, lake
or other surface water increases the temperature of the stormwater as it discharges into the creek.
Preserving the pre-development rate of on-site storm water infiltration (excepting the five-percent
impermeability allowance), and thereby maintaining the pre-development proportion of ground-
to surface water discharge to Brown's Creek and its tributaries, is critical to avoiding thermal
impacts to the trout habitat of the creek.
Storm water contains a variety of constituents deleterious to receIvmg waters.
Phosphorus and nitrogen accelerate eutrophication of surface waters and increase surface algal
scums, algal blooms, water discoloration and depressed oxygen levels. Stormwater carries heavy
.
BCWD Proposed Rules SONAR
November 6.1998
4
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metals, oils and grease from roads and parking lots 'and toxic organic compounds from
herbicides, pesticides and wood preservatives. It carries fecal coliform that may impair
recreational and harvesting uses of receiving waters and sediments that degrade aquati~ habitats.
Development of a site increases the pollution threat to downgradient waters by:
increasing the intensity of use, and thus in most cases the generation of pollutants, on the site;
increasing the flow volume and thus overall pollutant loading from the site; and increasing peak
flow rates, with a corresponding reduction in effectiveness of natural pollutant control
mechanisms such as on-site infiltration to groundwater and vegetative' filtering. The proposed
rule relies largely on control of peak flows and flow volume as a means to prevent an increase in
stormwater pollutant concentrations from the pre-development state. In addition, the rule
contemplates that certain site design practices that may have only a minor impact on peak flow
or flow volume-such as the use of filter strips along receiving waters and drainage swales --
will be used to achieve compliance with the water quality standard of the rule. Phosphorus
loading at the downgradient property boundary is restricted to the phosphorus concentration limit
of the first receiving water (lake, stream or wetland) encountered, as that limit is specified in
North American Lake Management Society. Total suspended solids, total nitrogen and heavy
metals loadings must not increase from the pre-development state.
Stormwater Management Preferences
.
The rule specifies an order of preference for the use of storm water management
techniques. In accordance with the requirement to limit total flow volume from the site, an
applicant first must apply site design practices and on-site infiltration to the degree feasible. Site
design practices, which are enumerated in an Appendix to the rule and for which the BCWD
intends to develop further guidance, are largely non-engineering approaches to the design and
placement of development on a site in ways that preserve as much as possible the pre-
development stormwater flow patterns and on-site rates of infiltration. Practices range from
preserving drainage swales and filter strips and building on least-pervious soils to minimizing
impervious surface by limiting driveway lengths, road widths and turnaround areas. Where
existing zoning or subdivision ordinances do not allow for particular practices, an applicant must
provide evidence that permission to implement those practices was reasonably sought. An
applicant need not pursue an obviously futile special approval or variance process to its
conclusion, but must at least submit documentation from the local government that the granting
of an approval or variance would be substantially unlikely. The literature suggests that site
design practices are the least expensive and can be the most effective storm water management
methods. By imposing a regulatory preference for these practices, the rule intends both to foster
their use and to encourage further development and innovation by both applicants and local
governments.
.
To the degree that feasible site design practices do not alone suffice for compliance with
peak flow, flow volume and stormwater quality standards, engineered on-site infiltration such as
infiltration trenches and dry wells and off-site infiltration are specified. Only once all feasible
means of preserving pre-development ground- to surface water proportions are exhausted may an
applicant turn to above-ground means of detaining and treating storm water. Of these, wet
detention in accordance with NURP (Nationwide Urban Runoff Program) design standards is
preferred for its demonstrated effectiveness in both controlling peak flow and securing relatively
substantial removal of phosphorus, suspended sediments and other pollutants from runoff.
Nonetheless, the rule permits use of another method without first demonstrating the infeasibility
BCWD Proposed Rules SONAR
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of NURP-specified wet detention where the applicant can demonstrate to the BCWD that the
performance and reliability of the method are equivalent to that of a NURP facility. .
In every case, an applicant must provide evidence that the legal rights have been or,
before land-altering activity is commenced, will be secured for construction, operation and
maintenance of the proposed facilities. For off-site facilities, this may include flowage or access
easements; for on-site facilities, it may include the conveyance of easements to another party or
the imposition of restrictive covenants on the property to ensure that the storm water management
facilities, whether engineered or as features of the natural topography, continue to function as
designed. The applicant also must submit for BCWD approval, and must record, a maintenance
agreement establishing responsibility for maintenance of the stormwater management facilities.
Treatment in a Regional Facility
Finally, the rule allows for stormwater management in a regional facility in place of site-
specific on- or off-site treatment. To qualify for regional treatment, one of two conditions must
be met. First, the regional facility and its use for treatment of stormwater from the site in
question are pursuant to and in accordance with a local water management plan approved by the
BCWD. Or, second, the applicant demonstrates that on-site and off-site infiltration, used to the
extent feasible, do not suffice to meet the flow volume standard of the rule and the BCWD finds
in writing that the proposed method of management would meet peak flow, water quality and
bounce standards.
3.0 Erosion Control.
Sediments smother fish larvae and eggs and clog fish gills; turbidity reduces light
penetration of water, hinders sight-feeding fish and increases the cost of providing drinking
water. Sedimentation reduces water quality for recreational uses, lowers the value of adjoining
lands, and increases public costs to maintain waterways and storm water conveyances. Soil
particles carry nutrients, trace metals and hydrocarbons into receiving waters and foster algae
and weed growth. Runoff from construction sites is the largest source of sediments in urban
areas undergoing development such as the watershed. Uncontrolled runoff from agricultural crop
production also can contribute greatly to sedimentation problems.
.
In addition to the statutory authority to regulate storm water management, regulation of
erosion and sedimentation is authorized by the specific watershed district purpose "to control or
elevate soil erosion and siltation of water courses or water basins." Minn. Stat. S 103D.201,
subd. 2(10).
Proposed Rule 3.0 requires all developers of land moving more than 50 cubic yards of
earth or removing more than 1,000 square feet of vegetative cover to obtain an erosion control
permit. The permit is issued on an applicant's submission of an erosion control plan setting forth
measures to control erosion and sedimentation that conform to the practices and specifications
contained in "Protecting Water Quality in Urban Areas," the Minnesota Pollution Control
Agency's 1989 manual setting forth best practices for managing non-point source pollution in
the urban environment. The plan must include measures to permanently restabilize disturbed
soils and a schedule by which the work will be accomplished. In addition, given the importance
of groundwater recharge within the Brown's Creek Watershed and the potential impact of land
alterations to the waters of Brown's Creek, land-altering activities within the ordinary high-water
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boundaries of a groundwater recharge area are not permitted unless the applicant can
demonstrate that the alterations will not adversely affect the recharge area.
Agricultural activity is excepted from the requirements of the rule, provided that a
natural vegetation buffer of 16 feet or the width of the shore impact zone, whichever is wider, is
maintained along each watercourse.
4.0 Lake. Stream and Wetland Buffers
Background
A vegetative buffer adjacent to a stream, lake or wetland serves a number of purposes
critical to the protection of that water resource and, indeed, properly is considered an integral
part of it. Buffers moderate flow rates of stormwater runoff into receiving waters, stabilize banks
and shorelines, filter nutrients and sediments from runoff, provide habitat and visually screen
aesthetically unappealing uses. A critically important function of vegetative buffer, particularly
with respect to Brown's creek and its tributaries, is its role in regulating stream temperatures
and, therefore, maintaining the resource as a trout habitat. Buffer width is the most important
determinant of buffer effectiveness; soils, slope and the types and condition of plant
communities within the buffer also are relevant to buffer function.
.
Rule 4.0 requires the maintenance of vegetated buffer strips along streams, recreational
development and natural environment lakes, and public waters wetlands (as that term is defined at
Minn. Stat. 1 03G.00S) within the watershed for the purpose of protecting the function and integrity
of these water resources.
Legal Authority
The legal authority for watershed district adoption of stream, lake and wetland buffer
rules derives from Minnesota Statutes chapters 103B and 103D. Under Minn. Stat. 11030.341,
subd. I, watershed districts must adopt rules "to accomplish the purposes of [the watershed act]
and to implement the powers of the managers." These purposes include conservation of water
for public uses, controlling erosion and siltation of lakes, streams and wetlands; protecting water
quality in these bodies; and other related purposes. Id. at S 103D201, subd. 2. District managers
further are authorized to regulate and control the use of water within the watershed district and
regulate the use of streams, ditches and water courses to prevent pollution. Id. at S 103D.335,
subds. 10 and 16. Finally, watershed districts in the Twin Cities Metropolitan Area are
authorized to regulate the water resources impacts of land. use and development where local
government units have not adopted district-approved local water management plans. Minn. Stat.
~ 103D.335, subd. 23; ~ 103B.211, subd. 1.
The Proposed Rule
.
The purpose of the rule is to preserve natural vegetation bordering the bed and banks of
streams, recreational development and natural environment lakes, and public waters wetlands in
order to maintain the ecological functions of and societal benefits deriving from these water
resources. Vegetated buffer zones of specified widths are established and disturbance of the
vegetation within those zones is restricted. The District has sought to develop a rule that protects
BCWD Proposed Rules SONAR
November 6,1998
7
the valuable water resources of the watershed without placing undue burdens on affected
landowners. ~
Addressing Gaps in Water Resource Protection
Under Minnesota Statutes IS 103F.201 to 103F.221, Washington County and the City of
Stillwater, pursuant to a Minnesota Department of Natural Resources model ordinance, have
adopted DNR-approved shoreland ordinances that regulate building lot sizes, the placement of
structures and sewage disposal systems, and other land uses within the shorelands of public
waters-defined as within 1000 feet of the ordinary high water mark of a lake, pond or flowage
and within 300 feet of the ordinary high water of a river, stream or floodplain. While these
ordinances have the effect of securing certain protections for riparian and littoral areas, they are
not explicitly directed toward protection of vegetative. buffers for the benefits those buffers
provide. The District has examined these local ordinances carefully for two purposes.
First, the District wishes to avoid duplication of local shoreland ordinances. Thus, the
proposed rule does not expressly restrict the placement of structures, decks and sewage treatment
systems, subjects that are the focus of local ordinances. Similarly, local ordinances regulate
agricultural and silvicultural activities within buffer areas in a manner that does not necessitate
further express treatment by the District.
Secondly, the District seeks to address gaps in the protection of buffer vegetation
resulting from the . fact that shore land ordinances are not specifically directed to buffer
protection. Most broadly, although the County ordinance applies to lakes, streams and wetlands,
the Stillwater ordinance does not expressly apply to public waters wetlands. The District's .
proposed rule applies to streams, to recreational development and natural environment lakes, and
to all public waters wetlands within the watershed.
Further, in contrast to the County and municipal ordinances, the District's rules extend
the specified protected area to include steep slopes, the 100-year floodplain, and DNR-mapped
natural communities associated with a water resource. With regard to restrictions on activities
within buffer zones, the rule regulates specifically to protect vegetative cover. Thus, it places
restrictions on impervious cover, excavation, the placement of fill or other materials, vegetative
alteration, and the use of pesticides or phosphorus-containing fertilizers within designated zones.
As well, although it recognizes the necessity for roads, paths and utilities to intrude into buffer
zones--either in crossing the associated water resource or to give access to water-related uses-
it places reasonable bounds on the scope of these exceptions from the general rule.
Buffer Zone Framework
The rule rests on a framework consisting of the designated protected zones.
With respect to Brown's Creek and its tributaries, the buffer has three elements: a
streamside, a middle and an outer zone. The streamside zone, extending 25 feet from the
ordinary high water mark of the water body, protects the physical and ecological integrity of the
stream ecosystem. The middle zone, 50 feet in width, protects key stream components and
provides a further separation between upland development and the stream. Activities are highly
restricted in these zones to protect mature riparian forest and vegetation that can provide shade,
leaf litter, woody debris and erosion protection for the stream. No impervious cover is permitted;
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November 6.1998
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pesticides and phosphorus-containing fertilizers may not be used; and neither terrain nor
vegetation may be altered except to remove invasive or diseased species or, in the middle zone,
to remove trees less than six inches in diameter at a point two feet above the ground.
Revegetation with native species is encouraged and is not within the prohibition or the rule.
Roads and utilities, whether crossing the stream or providing access to a lawful water-related
use, are restricted to the minimal necessary disturbance of the vegetative buffer and subjectto
Rule 3.0 of these rules with respect to temporary erosion control during construction. All roads
and paths within these zones providing access to water-related uses must be pervious.
The outer zone extends from the middle zone to the upland edge of the structure setback
under the applicable local shoreland ordinance. The District believes that the setbacks provided
for under local ordinances are adequate for stream protection and that consistency between the
District rule and the local ordinance is beneficial to those subject to regulation. This zone is, in
essence, a buffer of the buffer. Impervious surface is not permitted within the outer zone,
including impervious roads and utility-related structures, except pursuant to a stream crossing.
The District contemplates that residential backyard will comprise much of the outer zone of
Brown's Creek and tributaries; turf, lawn and similar cultivation is permitted, as is the typical
use of fertilizers, herbicides and other preparations. Although maintenance and restoration of
native cover are encouraged, no restrictions on vegetative disturbance within this zone are
imposed by the rule. Excavation and filling activity may occur within the zone, provided there is
compliance with the erosion control requirements of Rule 3.0 ofthese rules.
.
Wetland buffer widths recommended by the Natural Resource Conservation Service are
from 100 to 200 feet for high quality wetlands (Interim Conservation Practice Standard for CRP,
Code 393, NRCS, 1996). A review of requirements in other states suggests 100 feet to be a
minimum for high-quality, sensitive wetlands. While the appropriate buffer width depends on
site-specific conditions such as slope, soils, vegetative composition and adjacent land uses, it is
clearly infeasible to determine width on a site-by-site basis. As a reasonable means of
differentiation, however, the rule groups lakes and wetlands by susceptibility class on the basis
of plant community type, resource sensitivity and quality. Lakes and wetlands are protected by a
single buffer zone of a width that ranges from 25 to 100 feet, depending on the susceptibility
class (these same classifications are used in Rule 2.0 of these rules for regulating stormwater
peak flows). Restrictions within a wetland or lake buffer zone are the same as those within a
streamside zone.
Exceptions
Several general exceptions to these prohibitions are specified. Most significantly, the
buffer zone requirements apply only to property that is subject to a use for which subdivision,
landowner-initiated rezoning, a special use permit or a variance was required on or after the date
of adoption of this rule. (The fact that a property lies within an area that has been subject to
general rezoning by the local government unit would not trigger the application of the
requirements.) The purpose of this limitation is two-fold.
.
o First, it seeks to avoid inordinate injury to the settled uses and expectations of
numerous residential landowners located along the banks and shorelines subject to the
rule. By imposing these requirements in conjunction with property development and the
public processes that accompany it, the MCWD will allow for landowners to become
BCWD Proposed Rules SONAR
November 6.1998
9
fully aware of the requirements and incorporate them into their plans for use of their
properties.
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o Secondly, broad application of the requirement to the many residential and other
properties within the watershed that border on streams, lakes and wetlands would raise
substantial practical issues with respect to enforcement, including potentially substantial
issues of entry onto residential lands for compliance monitoring and violation
inspections; problems in documenting the pre-existing condition of properties and the
occurrence of acts in violation of the rule; and the sheer number of properties that would
become subject to the rule. The rule is drafted with the intent of directing limited District
resources to the most important threats to the ecological health of the watershed.
Also importantly, any impervious surface, road or utility in existence on the date of the rule's
adoption, and its maintenance within existing dimensions, are excepted from the operation of the
rule.
Other exceptions are as follows:
o As indicated, a road or utility may be located within a buffer zone in conjunction with
a water crossing. Impervious surface and vegetative cover disturbance shall be limited to
that necessary for the crossing. Structures associated with the road or utility shall not be
located within the zone unless no feasible alternative exists.
o Access to a lawful private or public use of the water resource may be created and
maintained. Access surfaces must be pervious and vegetative disturbance must be
limited to that needed in light of the nature and extent of the permitted use.
.
o Subject to specified conditions, fill or debris may be placed within a streamside,
middle or lake or wetland buffer zone pursuant to lawful work in the associated water
resource.
o Pervious footpaths are permitted within all buffer zones.
o Outlet, flood control and storm water treatment facilities may be located within any
buffer zone when approved under section 2.0 of the rules.
o A project to stabilize a shoreline or bank regulated under section 4.0 of the rules is
required to comply with erosion control requirements of the rule (sections 3.0 and
4.9.7.1) but otherwise is excepted from the rule's prohibitions.
5.0 Shoreline and Stream Bank Alterations.
Another source of erosion is the improper installation of shoreline and stream bank
improvements. Watershed districts are authorized to "regulate improvements by riparian
property owners of the beds, banks, and shores of lakes, streams, and wetlands for preservation
and beneficial public use." Minn. Stat. S 103D.201, subd. 2(11).
Proposed Rule 5.0 requires that shoreline riprap installation conforms with generally
accepted engineering principles to assure that the shoreline installation has the proper slope,
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variable gradation of material, and minimizes encroachment into the lake bed. Proposed Rule
5.0 also provides that the applicant for a shoreline or stream bank improvement must post a bond
or letter of credit to guarantee that the work is constructed in accordance with District
requirements.
6.0 Stream and Lake Crossin!!s.
In conjunction with the flood control and erosion protection concerns identified in the
BCWD Water Management Plan, proposed Rule 6.0 reflects a policy of discouraging the placing
of roads, highways or utilities within lake or stream beds. To obtain a permit to do so, an
applicant must demonstrate that the project will provide a public benefit; that hydraulic and
navigational capacities will be maintained; that water quality will not be adversely affected; and
that the proposed crossing is the minimal-impact alternative.
7.0 Floodplain and Draina!!e Alterations.
.
Proposed Rule 7.0 addresses the flood control and drainage concerns reflected in the
BCWD Water Management Plan by requiring a permit for any alteration or filling of land below
the 100-year floodplain elevation of any wetland, any public water, or any water body within a
landlocked subwatershed. As well, a permit is required before obstructing the natural flow of any
surface water or artificially diverting that flow across downgradient land. To obtain a permit for
floodplain fill or alteration, an applicant must demonstrate that the proposed activity will not
decrease flood storage capacity within the floodplain. Installation of culverts or drainage tiles, as
well as other surface water diversions and obstructions, will be permitted only on a finding that
downstream landowners will not be adversely affected.
8.0 Fees.
Proposed Rule 8.0 provides pursuant to Minn. Stat. ~ 1030.345, subd. 2, that the
District's cost for inspection and analysis of project sites in conjunction with permit applications
are assessed to the permit applicant. Pursuant to a statutory exemption, government agencies are
exempt from these fees.
9.0 Performance Bonds or Letters of Credit.
Pursuant to Minn. Stat. ~ 1030.345, subd. 4, the Board of Managers may require a
permit applicant to post a bond or other surety to assure performance by the applicant of the
activities authorized by the terms of the permit. Proposed Rule 9.0 provides the form,
conditions, and procedures for the posting of the surety bond.
10.0 Variances.
~
Proposed Rule 10.0 authorizes the Board of Managers to grant variances from its rules
according to standard land use variance criteria. An applicant for a variance must demonstrate
that because of circumstances unique to the property, the rule strictly applied would create a
hardship and that granting of the variance would not violate the spirit or intent of the rules. The
hardship may not be the result of the landowner's own actions and may not be merely economic
in nature.
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November 6,1998
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11.0 Enforcement.
Proposed Rule 11.0 sets forth the enforcement powers of the BCWD pursuant to Minn.
Stat. ~ 103D.545. The district is empowered to issue cease and desist orders for threats to water
resources from flooding, soil erosion, sedimentation, water pollution or any other cause. Any
violation of the BCWD rules, or of a permit, order or agreement under these rules, may be
prosecuted as a misdemeanor. Finally, the BCWD may seek an order compelling abatement,
restoration or other appropriate action.
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November 6, 1998
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BROWN'S CREEK WATERSHED DISTRICT
~ RECEIVED
PROPOSED RULES NOV 1 2 1998
November 6, 1998
Definitions 2
1.0 Procedural Requirements 5
2.0 Stormwater Management 7
Appendix 2.1 12
2.2 13
/ 2.3 13
2.4 14
2.5 14
3.0 Erosion Control 15
4.0 Lake, Stream, and Wetland Buffers 16
. 5.0 Shoreline and Streambank Alterations 22
6.0 Stream and Lake Crossings 26
7.0 Floodplain and Drainage Alterations 27
8.0 Fees 28
9.0 Performance Bonds or Letters of Credit 30
10.0 Variances 31
11.0 Enforcement 32
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BCWD Proposed Rules
November 6, 1998
DEFINITIONS
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"Development" means the placement of one or more structures or surfaces on a
single parcel or contiguous parcels pursuant to a common scheme.
"Expansion" means a repair, alteration or addition of a structure, surface or
facility that would intrude within a buffer zone or disturb vegetation within the
zone.
"Facility" means any part of a natural or constructed system contributing under
the stormwater management plan to meeting a standard of subse~tion 2.5.
"Feasible" means technically achievable at a cost, in the District's determination,
not substantially disproportionate to the stormwater management benefit to be
gained.
"Highly susceptible wetland type" means a wetland characterized as a sedge
meadow; open or coniferous bog; calcareous fen; low prairie; coniferous or
hardwood swamp; or seasonally flooded wetland.
"Hundred-year floodplain" means the area adjoining a watercourse or water basin
that has been or would be covered by a flood expected to occur on an average
frequency of the 1 DO-year recurrence interval.
.
"Impervious surface" means a surface that has been compacted or covered with a
layer of material so that it is highly resistant to infiltration by water.
"Land-altering activity" means an activity subject to section 2.2.
"Least-susceptible wetland type" means a wetland characterized as a gravel pit;
cultivated hydric soil; dredged material or fill; or material disposal site.
"Mapped natural community" means a natural community identified in "Natural
Communities and Rare Species Map for Washington County" (Minnesota
Department of Natural Resources, Natural Heritage Program, 1990), as amended.
"Middle zone" is a vegetative buffer zone that extends from the upland edge of
the streamside zone to the int~rior edge of the outer zone.
"Moderately susceptible wetland type" means a wetland characterized as shrub-
carr; alder thicket; fresh wet meadow not dominated by reed canary grass; or
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shallow or deep marsh not dominated by reed canary grass, cattail, giant reed or
purple loosestrife.
"Natural environment lake" means a lake so designated by the Minnesota DNR
pursuant to Minn. Rules 6120.3000.
"NURP standard" means the design criteria developed pursuant to the N at.ionwide
Urban Runoff Program (U.S. EPA, 1983) and published by the Minnesota
Pollution Control Agency in "Protecting Water Quality in Urban Areas 1991"
(sections 4.1-4 through 4.1-5), as may be amended.
"Ordinary high-water level" means the boundary of a public water or wetland, and
is an elevation indicating the highest water level that has been maintained for a
sufficient period of time to leave evidence on the landscape, commonly indicated
by a change from predominantly aquatic to predominantly terrestrial vegetation.
For watercourses, the ordinary high-water level is the elevation of the top of bank
of the channel. For reservoirs and flowages, it is the operating elevation of the
summer pool.
"Outer zone" is a vegetative buffer zone that extends from the upland edge of the
middle zone to a point specified in these rules.
.
"Pre-development" means at the time preceding creation of impervious surface or
substantial change in site hydrology or infiltration by alteration of site vegetation
or contour.
"Receiving water" means the first of the following encountered by stormwater
flow from the site: Brown's Creek; a tributary of Brown's Creek designated as a
public water pursuant to Minn. Stat. SI03G.005, subd. 15, as amended; a lake
designated as a public water pursuant to Minn. Stat. Sl03G.005, subd. 15, as
amended; or a wetland.
"Reconstruction" means the rebuilding, repair or alteration of a structure, surface,
or facility for which the cost would equal or exceed 50 percent of the replacement
cost.
"Recreational development lake" means a lake so designated by the Minnesota
DNR pursuant to Minn. Rules 6120.3000.
"Redevelopment" means modification of an existing development that has a cost,
including labor, of one-half or more of the market value of the existing
development.
.
"Revegetation" means the planting of native indigenous species.
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3
:r
"Site design practice" means a method of managing stormwater peak flow, flow
volume or quality listed in Appendix 2.1 to this rule. ~
"Slightly susceptible wetland type" means a wetland characterized as a floodplain
forest; fresh wet meadow dominated by reed canary grass; or a shallow or deep
marsh dominated by reed canary grass, cattail, giant reed or purple loosestrife.
"Steep slope" means land with an average slope exceeding 12 percent over a
distance of 50 feet or more or land defined as steep slope in the Washington
County Soil Survey, as amended.
"Stream" means Brown's Creek or any tributary to Brown's Creek designated as a
public water pursuant to Minn. Stat. SI03G.005, subd. 15.
"Stream buffer zone" means a streamside zone, middle zone or outer zone.
"Streamside zone" is a vegetative buffer zone that extends from the ordinary high-
water mark of a stream, lake or wetland to the interior edge of the middle zone.
"Subwatershed" means the drainage area of the receiving water for the site.
"Utility" means a facility for transmitting water, wastewater, steam, gas,
electricity or similar commodities [private transport?].
.
"Water resource" means a stream, lake or wetland described in section 4.9.2.
"Wetland" means land transitional between terrestrial and aquatic systems where
the water table is usually at or near the surface or the land is covered by shallow
water. A wetland (a) is predominated by hydric soils; (b) is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient to support
a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and ( c) under normal circumstances, supports a prevalence of
hydrophytic vegetation.
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...
1.0
PROCEDURAL REQUIREMENTS
1.1 Application Required. Any person undertaking any activity for which a permit is
required by these rules shall first submit for review a permit application, engineering
design data and such other information to the District as may be required by these rules to
determine whether the improvements are in compliance with the criteria established by
these rules. All permit applications must bear the original signature of the landowner.
1.2 Forms. Permit applications shall be submitted using forms provided by the District.
Forms are available from the District Office located at District, 1825 Curve Crest
Boulevard, Suite 101, Stillwater, Minnesota 55082. Permit applications shall be
addressed to:
Brown's Creek Watershed District
1825 Curve Crest Boulevard, Suite 101
Stillwater, MN 55082
1.3 Action by Board of Managers. The managers shall act withi~ays of
receipt of a completed application and complete set of required exhIbits, and the District
will provide at least ten (10) days notice to permit applicants of missing items.
1.4 Conformity with Municipal Plan. The managers will review applications for
permits involving land development only after the applicant demonstrates that the plan
has received preliminary approval from the municipality indicating compliance with the
municipal plans.
/01 Notification Process. Persons flpplying for a District permit must supply a certified
list of property owners obtained from Washington County who reside adjacent to the
subject property, and all property owners within 600 feet of the property boundary of a
proposed project. District staff will send notice of the proposed project to the individuals
on the mailing list for the applicant at the applicant's expense. A copy of the list will be
retained with the application at the District office. The application will not be processed
until the list has been submitted to the District.
1.6 Time for Submittal. A complete permit application which includes all required
exhibits shall be received by the District at least 28 full days prior to the scheduled
meeting date of the Board of Managers. Late submittals or submittals with incomplete
exhibits will be scheduled to a subsequent meeting date.
1. 7 Tabled Permits. Permit applications tabled at a board meeting due to revisions
needed for compliance with District rules will be addressed at the next board meeting if
the revisions are submitted within three (3) working days of being tabled. Otherwise,
BCWD Proposed Rues
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permit applications will be treated pursuant to section 1.6 of this rule. Permit
applications tabled due to substantial non-compliance with District rules are subject to a
three month waiting period before they can be resubmitted to ensure that the app.lication
is correct and complete.
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1.8 Permit Renewals. Permits are valid for a one year period from the date of issuance
unless otherwise suspended or revoked. To renew a permit, the permitee must notify the
District in writing, prior to the permit expiration date, of the reason for the renewal
request. The request will be reviewed by the managers at the next available board meeting
provided all information has been submitted to the District and is current.
1.9 Regular Meetings. Regular Board meetings of the Board of Managers are held at
the Washington County.Soil and Water Conservation District Office at 1825 Curve Crest
Boulevard, Stillwater, MN., unless otherwise noticed. Meeting schedules may be
obtained by contacting the District office.
.
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2.0 STORMWATERMANAGEMENT
2.1 Purposes and Policy. It is the policy of the District to:
2.1.1 Promote on-site infiltration of stormwater;
2.1.2 Limit peak off-site stormwater flow to pre-development rates;
2.1.3 Limit off-site stormwater flow volume to prevent down-gradient flooding
and thermal impacts to Brown's Creek and its tributaries; and
2.1.4 Require management of stormwater flow to limit sediment, nutrient and
metals concentrations conveyed to ground and surface waters and promote water
quality.
2.2 Applicability.
Subject to an exception in section 2.8, the requirements of this section apply to:
(a)
(b)
Residential subdivision or development of four or more lots;
Non-residential development creating impervious surface that, in the
aggregate, exceeds one acre or five percent of a site;
Redevelopment on a site of five acres or more, where final impervious
surface, in the aggregate, exceeds one acre or five percent of a site.
The creation of 5,000 square feet or more of additional impervious surface
appurtenant to existing non-residential development.
The creation of road, bikeway, sidewalk or other linear impervious surface
of one acre or more.
(c)
(d)
(e)
2.3 Regulation. Before commencing any land-altering activity, a developer of land
for residential, commercial, industrial, institutional, or public use shall submit a
stormwater management plan to the District in conformity with the requirements of this
rule, and secure a permit from the District approving the plan. The managers will review
a stormwater management plan only after the applicant demonstrates that the project has
received preliminary municipal approval indicating compliance with existing municipal
plans.
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2.4
Standards.
.
An applicant for a stormwater management permit must demonstrate to the District that
the proposed land-altering activity will not:
(a) Increase peak stormwater flow from the site for a 24-hour precipitation event
with a return frequency of 1.5, 10, or 100 years in the subwatershed drainage area
in which the site is located.
(b) Increase stormwater flow volume from the site for a 24-hour precipitation
event with a return frequency of 1.5 years, excepting the increased flow resulting
from impervious cover on five percent of the site possessing average site
permeability, as calculated in accordance with section 2.5.3.
(c) At the downgradient property boundary, increase site loading of total
suspended solids, total nitrogen or heavy metals, or contribute to a stormwater
phosphorus concentration that exceeds the inflow concentration indicated in
Appendix 2.2 for the site receiving water.
(d) Increase the bounce in water level, during a precipitation event of critical
duration with a return frequency of 1.5, 10, or 100 years in the subwatershed
drainage area in which the site is located, for any downstream lake or wetland .
beyond the limit specified in Appendix 2.3 for the lake or wetland susceptibility .
class.
2.5 Management.
2.5.1 Sequence of Manag:ement Methods. To meet the standards of section 2.4,
site-based stormwater management methods shall be used in the following
sequence. A preferred method shall be used to the degree feasible before a less-
preferred method is used. Treatment in a regional facility shall be governed not by
this subsection, but by subsection 2.7.4.
(a) Site design practices.
(b) On-site infiltration.
(c) Off-site infiltration.
(d) Wet detention in accordance with NURP standards.
( e) Other methods.
.
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2.5.2 Site Design Practice Infeasibility. If a claim that a site design practice is
infeasible rests on its inconsistency with a local ordinance, reasonable attempts to
gain local permission to incorporate the practice into site design must be
documented. Satisfactory documentation includes denial 'of an exception or
variance or a written statement by the local authority that an exception or variance
would be unlikely to be granted.
2.5.3 Calculating Off-Site Stormwater Flow. To demonstrate off-site flow under
pre-development condition and under the stormwater management scenario
proposed for approval, two methodologies may be used:
(a) Soil Conservation Service TR-20 method. All assumptions for pre- and
post-development CN-values and all pre- and post-development
impervious surface area estimates must be clearly stated.'
(b) Direct estimate using soil permeability classes. The soil permeability
classes shall be delineated on a site plan; the square footage, by class, of
soil whose permeability will be permanently altered by site activity shall
be estimated; and the infiltration rate for each permeability class, as set
forth in Appendix 2.4 to these rules, shall be applied.
.
2.5.4 Design and Operation Standards. All methods proposed for meeting the
standards of section 2.4 shall comply with the design and operation standards set
forth at Appendix 2.5.
2.5.5 Acquisition of Property or Contract Rights. An applicant relying on on- or
off-site facilities for complying with the standards of section 2.4 must possess all
rights necessary for design, construction, and long-term operation and
maintenance of the facilities.
2.5.6 Stormwater Management Facility Maintenance Agreements. If a
developer proposes to construct a wet detention basin, outlet structure, culvert,
outfall structure, or other stormwater management facility in order to meet the
requirements of this rule, the developer must submit with the permit application a
maintenance agreement. The maintenance agreement shall specify the methods,
schedule, and responsible parties for maintenance, and must contain the minimum
requirements contained in the District's Maintenance Agreement Form. The
Agreement must provide that the required maintenance activities will be
performed by either the property owner or the municipality. The executed
maintenance agreement must be recorded with the county within 10 days of the
issuance date of the permit.
.
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2.5.7 Conformance to Floodplain and Drainage Alteration Requirements. In
addition to all other legal requirements that may apply, all land-altering and
related stormwater management activity pursuant to Rule 2.0 shall comply with
structure elevation requirements of Rule 7.0.
.
2.6 Required Exhibits. The following items, submitted in duplicate and certified by a
professional engineer registered in the State of Minnesota, registered land surveyors, or
other appropriate professional shall accompany all permit applications submitted to the
District pursuant to Rule 2.0:
2.6.1 Property lines and delineation of lands under applicant's ownership;
2.6.2 Delineation of the subwatershed contributing runoff from off-site and
proposed and existing subwatersheds on site;
/
2.6.3 The location, alignment and elevation of proposed and existing stormwater
facilities;
2.6.4 Delineation of existing on-site wetland, shoreland, drain tiling and
floodplain areas as defined in the 1982 FEMA study;
2.6.5 Existing and proposed normal and lOa-year water elevations on site;
.
2.6.6 Existing and proposed site contour elevations at two-foot intervals, related
to NGVD, 1929 datum;
2.6.7 Construction plans and specifications of all proposed facilities;
2.6.8 Stormwater runoff volume and rate analyses for the 1.5, 10, and 100 year
critical events under existing and proposed conditions;
2.6.9 All hydrologic, water quality, and hydraulic computations completed to
design the proposed facilities;
2.6.10 Documentation of conformance with an existing municipal stormwater
management plan, or in cases where such a plan does not exist,
documentation that the municipality has reviewed the project;
2.6.11 Delineation of any flowage easements or other property interests dedicated
to stormwater management purposes, including, but not limited to, county
or judicial ditches;
.
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.
.
.
2.6.12 Documentation that the project has received a National Pollutant
Discharge Elimination System Stormwater Permit from the Minnesota
Pollution Control Agency, if required by the MPCA and as available; and
2.6.13 Geotechnical soil boring results if available.
2.7 Exceptions.
2.7.1 Infeasibility of On-Site Infiltration. If the District finds that site design
practices and on-site infiltration, applied to the extent feasible, do not suffice to
maintain stormwater flow volume off-site at the level specified in paragraph
2.4(b), the applicant will be excepted from strict compliance with that
subparagraph. The use of site design practices, on-site infiltration and off-site
infiltration shall be required to the extent feasible to reduce flow volume to the
level specified in paragraph 2.4(b) before discharge into a receiving water.
2.7.2 Performance Standard. The District may grant an exception to the
sequencing requirements of paragraphs 2.5.1(d) and (e) on an applicant's
demonstration that an alternative management technology or method would
achieve the same levels of performance and reliability as the method specified at
paragraph 2.5.1(d).
2.7.3 Variance. The District may grant a variance to any requirement of Rule 2.0
under Rule 10.0. An exception shall be limited to the extent necessary to put the
property to a reasonable or economically viable use.
2.7.4 Regional Treatment. Management of site stormwater in a regional facility
constitutes compliance with Rule 2.0 in either of the following circumstances:
(a) Management is pursuant to and in accordance with a local water
management plan approved by the District.
(b) An applicant has demonstrated infeasibility of on-site and off-site
infiltration under subsection 2.7.1 and the District, in writing, finds that
the proposed method of management would meet the standards of
paragraphs 2.4(b), (c) and (d).
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APPENDICES
APPENDIX 2.1
.
Inventory of Site Design Practices and Guidance On Their Use for
Stormwater Management.
o
o
o
o
Avoid conversion of high-permeability soils.
Avoid soil compaction.
Target high-permeability soils for infiltration.
Use natural depressions and swales for runoff storage and infiltration, with
overflow to vegetated areas.
Crown roads and driveways to encourage runoff to swales.
Increase stormwater flow path to receiving water.
Use filter strips at edges of impervious ~urfaces and receiving waters.
Avoid curbs and gutters on roadways.
Direct rain gutter downspouts to pervious surfaces or below-grade tiles.
Use pervious surfaces for roads, driveways, parking areas and walkways.
Design street widths less than 26 feet and appropriate for projected traffic
load.
Design streets for parking on one side orily.
Design streets with sidewalk on one side only.
Limit road and driveway lengths.
Design smaller (e.g., 9' x 18') parking stalls.
Design for shared parking stalls and dnveways.
Reduce cui de sac radius and use pervious center; use T or V turnaround.
Design with reduced structure setback and frontage.
.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
.
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.
.
APPENDIX 2.2
Phosphorus Concentration Limitation
Class
Receiving Water1
Inflow Limitation
(parts per billion)
I
Brown's Creek and tributaries
All designated trout waters
St. Croix River
150
II
Lakes with TSI rating of "good"
Highly susceptible wetlands
150
III
Lakes with TSI rating of "acceptable"
Moderately susceptible wetlands
180
IV
Lakes with TSI rating of "poor"
Slightly susceptible wetlands
220
V
Lakes with TSI rating of "very poor"
Least susceptible wetlands
250
APPENDIX 2.3
LakefWetland Susceptibility Classes and Permitted Bounce
Susceptibility Class
Permitted Bounce
Highly susceptible wetland
Pre-development
Moderately susceptible
Pre-development + 0.5 feet
Slightly susceptible wetland
Pre-development + 1.0 feet
Least-susceptible wetland
Lake
No limit
1 Trophic State Index (TSI) is a composite measurement of transparency, chlorophyll-a and total
phosphorus measured within the lake.
Sources:
N orth A~erican Lake Management Society.
Metropolitan Council-1997 Study of the Water Quality in 71 Metropolitan Area
Lakes.
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APPENDIX 2.4
.
Soil Permeability Classes and Infiltration Rates
SCS Soil Infiltration Class Rate (inches/hour)
Very slow 0.06
Slow 0.13
Moderately slow 0.40
Moderate 1.30
Moderately rapid 4.0
Rapid 10.3
Very Rapid 20.0
Source: Washington County Soil Survey (SCS, 1980)
APPENDIX 2.5
.
Design and Operation Standards [forthcoming]
.
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.
.
3.0 EROSION CONTROL
3.1 Policy. It is the policy of the Board of Managers to require erosion control for land
development activities to prevent the siltation and sedimentation of streams, lakes,
wetlands, and groundwater recharge areas in the District.
3.2 Regulation. All developers of land undertaking any grading, filling, or other land
alteration activities which involve movement of more than fifty (50) cubic yards of earth
or removal of vegetative cover on one thousand (1,000) square feet or more of land shall
submit an erosion control plan to the District, and secure a permit from the' District
approving the erosion control plan, which meets the following requirements:
3.2.1 An erosion control plan must be prepared by a qualified individual showing
proposed methods of retaining waterborne sediments on site during the period of
construction and showing how the site will be restored, covered, or revegetated
after construction, including a timetable for completion;
3.2.2 The erosion control plan shall be consistent with the specifications of the
MPCA manual "Protecting Water Quality in Urban Areas" and its current
reVISIOns;
3.2.3 Permanent wet detention basins used as temporary sedimentation basins
during construction must be cleaned out after construction is.complete;
3.2.4 Erosion control measures such as silt fences and hay/straw bales shall be
removed after the project is complete and all disturbed areas have been fully
stabilized;
3.2.5 Sites with high erosion potential characterized by steep slopes or erodible
soils may require the permit applicant to post a performance bond pursuant to
Rule 9.0.
3.2.6 Land alteration activities at sites within the ordinary high water boundaries
of a groundwater recharge area, as delineated by the District, are not permitted
unless the applicant can demonstrate that the alterations, together with any
mitigative best management practices, will not adversely impact the effectiveness
of the area's recharge capacity or recharge rates.
3.3 Agricultural practices. The erosion control measures described in section 3.2 of
this rule are not required for land that is regularly used for agricultural purposes, provided
that a grass or natural vegetation buffer zone extending sixteen (16) feet or the width of
the shore impact zone, whichever wider, is maintained along any watercourse and no
fertilizer is used in the zone.
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4.0 LAKE, STREAM, AND WETLAND BUFFER REQillREMENTS
.
4.1 Purposes and Policy. Natural vegetation bordering the bed and banks Qf lakes,
streams and wetlands serves a critical role in maintaining the ecological function of and
societal benefits deriving from those water resources. Purposes served by vegetative
buffers include bank and shoreline stabilization; erosion prevention; filtration of
nutrients, sediments and other pollutants from storm flows; protection of stream beds and
banks and mitigation of downstream flooding through moderation of peak flows both into
and within the resource; regulation of in-stream temperatures; preservation of aquatic and
terrestrial habitat; protection of scenic resources; and maintenance of property values.
The purpose of this section is to afford the greatest possible protection to these buffers,
and to the water quality, flow regime and habitat of Brown's Creek and its tributaries,
consistent with the interest in avoiding undue disturbance to established public and
private activities in littoral and riparian zones.
4.2 Applicability.
4.2.1 Rule 4.0 applies to land:
(a) adjacent to Brown's Creek; to a tributary of Brown's Creek designated
as a public water pursuant to Minn. Stat. ~103G.005, subd. 15, as
amended; or to a recreational development or natural environment lake or
wetland within the watershed designated as a public water under Minn. .
Stat. ~103G.005, subd. 15, as amended; and
(b) subject to a use for which subdivision, landowner-initiated rezoning, a
special use permit or a variance was required on or after [the date of rule
adoption] .
4.2.2 Rule 4.0 applies in addition to, and not in place of, any local shore land
ordinance.
.
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.
.
.
4.3 Zone Widths.
4.3.1 Subject to the special provisions in subsections 4.3.2 through 4.3.5,. stream,
wetland and lake buffer zones are as follows:
(a) Stream
(1) Streamside zone
25 feet
(2) Middle zone
50 feet from upland edge
of streamside zone
(3)
from upland edge of
middle zone to
structure setback line
under applicable
shore land ordinance
Outer zone
(b) Highly susceptible wetland type
100 feet
(c) Moderately susceptible wetland type
75 feet
(d) Slightly susceptible wetland type
50 feet
(e) Least-susceptible wetland type
25 feet
(f) Natural environment lake
75 feet
(g) Recreational development lake
50 feet
4.3.2 Where a mapped natural community is associated with a water resource, the
upland edge of the middle zone shall be as specified in subsection 4.3.1 or
contiguous with the upland edge of the natural community area, whichever is
greater.
4.3.3 Where a streamside or middle zone, a lake buffer or a wetland buffer
encompasses all or part of a steep slope, the zone or buffer shall extend to the
distance specified in subsection 4.3.1 or to the top of the slope, whichever is
greater.
4.3.4 Where the lOa-year floodplain extends further than the upland edge of the
middle zone, the lake buffer or the wetland buffer as specified in subsection 4.3.1,
the zone or buffer shall extend to the upland edge of the floodplain.
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4.3.5 Where a lake or wetland is encompassed within or contiguous to a stream to
which Rule 4.0 applies, the lake or wetland buffer shall apply in addition to, and .
not in place of, the applicable stream buffer.
4.4 Limitations in Buffer Zones.
4.4.1 Streamside Zone. The following activities are prohibited in the streamside
zone:
(a) Creating impervious cover.
(b) Excavating fill or placing fill or debris, except for temporary
placement of fill or debris pursuant to duly-permitted work in the
associated waters, in compliance with all conditions of the permit, and in
compliance with section 4.6.
(c) Alterating vegetation, except for the removal of invasive exotic
species or of trees for disease control or revegetation. Tree removal shall
be pursuant to written authorization from the district.
(d) Applying pesticides or phosphorus-containing fertilizers.
(e) Locating roads or utilities, except pursuant to a crossing of the .
associated water resource in accordance with section 4.7. Structures and
appurtenances associated with the road or utility shall not be located
within the streamside zone unless no feasible alternative exists. Outlet,
flood control and stormwater treatment facilities may be located within the
zone if so approved under Rule 2.0.
4.4.2 Middle Zone. The following are prohibited in the middle zone:
(a) Creating impervious cover.
(b) Excavating fill or placing fill or debris, except temporary placement of
fill or debris pursuant to duly-permitted work in the associated waters, in
compliance with all conditions of the permit, and in compliance with
section 4.6.
( c) Altering vegetation, except for the removal of invasive exotic species
or of trees for disease control; removal of dead trees, limbs or branches;
removal of trees less than six inches in diameter as measured at a point
two feet above the ground; or revegetation. Tree removal shall be pursuant
to written authorization from the district.
.
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.
(d) Applying pesticides or phosphorus-containing fertilizers.
( e) Locating roads or utilities, except pursuant to a crossing. of the
associated water resource in accordance with section 4.7. Structures and
appurtenances associated with the road or utility shall not be located
within the middle zone unless no feasible alternative exists. Outlet, flood
control and stormwater treatment facilities may be located within the zone
if so approved under Rule 2.0 of these rules.
4.4.3 Outer Zone. The following are prohibited in the outer zone:
(a) Creating impervious cover.
(b) Placing fill or excavation, except in accordance with section 4.6 and
other applicable law.
( c) Locating roads or utilities that involve the creation of impervious
surface within the outer zone, except pursuant to a crossing of the water
resource and in accordance with section 4.7. Outlet, flood control and
stormwater treatment facilities may be located within the zone if so
approved under Rule 2.0.
.
4.4.4 Lake or Wetland Buffer. The following are prohibited in a lake or wetland
buffer:
(a) Creating impervious cover.
(b) Excavating fill or placing fill or debris, except temporary placement of
fill or debris pursuant to duly-permitted work in the associated lake or
wetland, in compliance with all conditions of the permit, and in
compl~ance with section 4.6.
(c) Altering vegetation, except for the removal of invasive exotic species
or of trees for disease control or revegetation. Tree removal shall be
pursuant to written authorization from the district.
(d) Applying pesticides or phosphorus-containing fertilizers.
.
(e) Locating roads or utilities, except pursuant to a crossing of the lake or
wetland in accordance with section 4.7. Structures and appurtenances
~.s.ociated--with the road or utility shall not be located within the buffer
(Unless noteasIble alternatlve--exists:'eutlet, flood control and stormwater
'iieatmertt'facilities--may-ee-leeatedwl1hin the buffer if so approved under
Rule 2.0.
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4.5 Shoreline and Bank Stabilization. A measure to stabilize a shoreline or bank
otherwise regulated under Rule 5.0 must comply with subsection 4.6 1 but otherwise is
excepted from the prohibitions of section 4.4.
.
4.6 Temporary Alterations.
4.6.1 Compliance with Rule 3.0 is required, irrespective of the area or volume of
earth to be disturbed.
4.6.2 Buffer zones and the location and extent of vegetation disturbance shall be
delineated on the erosion control plan.
4.6.3 Alterations must be designed and conducted to ensure only the smallest
amount of disturbed ground is exposed for the shortest time possible. Mulches or
similar materials must be used for temporary soil coverage and permanent natural
vegetation established as soon as possible.
4.6.4 Fill or excavated material shall not be placed to create an unstable slope.
4.6.5 When construction, land disturbance, fill or excavation activity occurs
within the outer zone, the boundary between the outer and middle zones shall be
demarcated with siltation or other fencing to prevent disturbance of vegetation
within the middle zone. When construction, land disturbance, fill or excavation
activity occurs within the middle zone, the boundary between the middle and
streamside zones shall be demarcated with siltation or other fencing to prevent
disturbance of vegetation within the streamside zone.
.
4.7 Roads and Utilities.
4.7.1 A structure, impervious cover or right-of-way maintained permanently in
conjunction with a crossing of the. water resource shall minimize the area of
permanent vegetative disturbance to the degree feasible. Minimization includes,
but is not limited to, approach roads and rights-of-way that are perpendicular to
the crossing and of a minimum width consistent with use and maintenance access
needs.
4.7.2 All work shall be in accordance with section 4.6.
.
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.
.
.
4.8
Exceptions.
4.8.1 An impervious surface, road or utility in existence on [the date of adoption
of this rule], its maintenance, and maintenance of its existing right-of-way are..
excepted from the operation of this rule. Any expansion or reconstruction of an
excepted facility is subject to the rule.
4.8.2 Access to a water resource for a lawful private or public use of the resource
may be created and maintained. All access surfaces within the buffer zone-must be
pervious and permanent vegetative disturbance shall be limited to that necessary
for access in light of the nature and extent of the permitted use. No facility, other
than a footpath or a facility accessory to a permitted use of the water resource and
required by its nature to be adjacent to the water, may be located within the
streamside zone.
4.8.3 The District may grant a variance from any requirement of this rule pursuant
to Rule 10.0 of these rules. In determining the appropriateness of a variance, the
District shall consider, among other factors, the parcel or lot of record as of the
date this rule was adopted; the common ownership of the property in question and
adjacent property; and the availability of clustering, density compensation,
variances and other means under applicable land use law that would allow desired
uses to be located on portions of the parcel or lot not within buffer zones. An
exception shall be limited to the extent necessary to put the property to a
reas9nable or economically viable use.
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5.0
SHORELINE & STREAMBANK ALTERATIONS
.
5.1 Policy. It is the policy of the District to:
5.1.1 Assure that improvements or alterations of shoreline and streambank areas
comply with accepted engineering principles to prevent erosion, and
5.1.2 Preserve the natural appearance of shoreline and streambank areas.
5.2 Regulation.
No person shall construct or install a shoreline or streambank improvement
partially or wholly below the ordinary high water mark of a waterbody, without
first securing a permit from the District and posting a bond or letter of credit.
Construction or installation of a shoreline or streamb~ improvement wholly
above the ordinary high water mark of a waterbody may require a permit under
Rule 7.0.
5.3 Criteria for Rip Rap Replacement. Rip rap placement shall comply with the
following criteria:
5.3.1 Rip rap material should be durable, natural stone and of a gradation that
will result in a stable shoreline embankment able to withstand ice and wave
action.
.
5.3.2 The finished slope of the rock fragments, boulders and/or cobbles should
not be steeper than a ratio of 3 feet horizontal to 1 foot vertical (3: 1) under normal
conditions. Steeper slopes will generally require larger sized rip rap. The
minimum finished slope shall be no steeper than 2:1 (horizontal to vertical). Any
rock/boulder stabilization project with a proposed finished slope steeper than 2: 1
(horizontal to vertical) shall be evaluated in accordance with the conditions for
retaining walls.
5.3.3 No rip rap or filter materials should be placed more than 5 feet waterward
of the shoreline measured from the ordinary high water level (OHW) elevation
under normal conditions. The encroachment into the water is the minimum
amount necessary to provide protection and does not unduly interfere with the
flow of water. The maximum encroachment waterward of the OHW is 10 feet.
5.3.4 A transitional layer consisting of graded gravel, at least 6 inches deep, and
an appropriate geotextile filter fabric shall be placed between the soil material of
the existing shoreline and the rip rap to prevent erosion of the embankment and to
prevent settlement.
.
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.
5.3.5 Rip rap placement should not be attempted when underlying soils are not
capable of supporting resulting loads. In these cases, a qualified soils specialist
should be consulted.
5.3.6 The thickness of the rip rap layers should be at least 1.25 times the
maximum stone diameter.
5.3.7 The rip rap shall conform with the natural alignment of the shoreline (Le.,
maintaining an undulating or meandering shoreline).
5.4 Required Exhibits. The following exhibits shall accompany the rip rap permit
application (one full-size; one set-reduced to maximum size of 11" x 17"):
5.4.1 Site plan showing property lines, delineation of lands under ownership of
the applicant, delineation of the existing shoreline, existing contour elevations (if
available) and locations and lineal footage of the proposed rip rap treatment;
5.4.2 Cross section detailing the proposed rip rap, drawn to scale, with the
horizontal and vertical scales noted on the drawing. The detail should show the
finished rip rap slope, transitional layer design and placement, distance lakeward
of the rip rap placement, ordinary high water level elevation and material
specifications;
.
5.4.3 Description of the underlying soil materials which will support the rip rap;
5.4.4 Gradation, average diameter, quality and type of rip rap material to be used
(normally, a Class III gradation is sufficient);
5.4.5 Gradation, quality and type of filter blanket material to be used (normally,
Type I gradation is sufficient);
5.4.6 Manufacturer's material specifications for proposed geotextile fabric(s); and
5.4.7 Materials used shall be non-polluting.
5.5 Guidelines. The engineer shall publish or make available to interested persons a
typical cross-section for shoreline protection in compliance with this rule.
5.6 Criteria for Laying Sandblankets. All permitted sandblanketing shall comply
with the following standards.
.
5.6.1 The sand or gravel used must be clean prior to being spread. The sand must
contain no toxins or heavy metal, as defined by the MDNR, and must contain no
weed infestations such as, but not limited to, water hyacinth, alligator weed, and
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Eurasian watermilfoil, or animal life infestations such as, but not limited to, zebra
mussels or their larva.
.
5.6.2 The sand layer must not exceed six inches in thickness, 50 feet in width
along the shoreline, or one-half the width of the 10t, whichever is less, and may
not extend more than ten (10) feet waterward of the ordinary high water mark.
5.6.3 Only one installation of sand or gravel to the same location may be made
during a four year period. After the four years have passed since the last
blanketing, the location may receive another sandblanket.
5.6.4 Exception. Beaches which are operated by governmental entities, and
available to the public, shall be exempted from the following restrictions: (i) that
sandblankets be no more than 50 feet in width and (ii) that sandblankets be
installed no more frequently than once every four years. Permits 'shall be required
for all public beach sandblankets.
5.7 Sandblaoket Required Exhibits. The following exhibits shall accompany the
sandblanket permit application:
5.7.1 Site plan showing property lines, delineation of the work area, existing
elevation contours of the adjacent upland area, ordinary high water elevation, and
regional flood elevation (if available). All elevations must be reduced to NGVD
(1929 datum);
.
5.7.2 Profile, cross sections and/or topographic contours showing existing and
proposed elevations and proposed side slopes in the work area. (Topographic
contours should be at intervals not greater than 1.0 foot); and
5.7.3 A completed Sandblanket Permit Application form, available from the
District.
5.8. Criteria for Streambaok Stabilization. The physical characteristics of creeks and
streams create site specific erosion control issues. There are a number of erosion and
sediment control practices designed for use along channels. Emphasis should be placed
on the structural stability of the project rather than secondary factors such as aesthetics,
convenience or cost. The engineer shall make available to interested persons
recommended criteria for streambank stabilization projects. In addition to an application,
required exhibits include:
5.8.1 site plan prepared by an engineer or registered land surveyor showing
property lines; the ordinary high water (OHW) elevation and floodplain elevation;
existing streambank and contour elevations;
.
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.
5.8.2 cross section detailing the proposed erosion control practice; including
slope dimensions (length, width, height) of proposed project and distance
waterward;
5.8.3 material specifications; and
5.8.4 documentation of structural stability (design calculations by a professional
engineer).
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BCWD Proposed Rues
November 6,1998
25
6.0 STREAM AND LAKE CROSSINGS
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6.1 Policy. It is the policy of the District to discourage the use oflake beds and' beds of
waterbodies for the placement of roads, highways, and utilities.
6.2 Regulation. No person shall use the beds of any waterbody within'the District for
the placement of roads, highways and utilities without first securing a permit from the
District.
6.3 Criteria. Use of the bed:
6.3.1 Shall meet a demonstrated public benefit;
6.3.2 Shall retain adequate hydraulic capacity;
6.3.3 Shall retain adequate navigational capacity;
6.3.4 Shall not adversely affect water quality; and
6.3.5 Shall represent the "minimal impact" solution to a specific need with
respect to all other reasonable alternatives.
6.4 Required Exhibits. The following exhibits shall accompany the permit application .
(one set - full size; one set - reduced to maximum size of II"x17"):
6.4.1 Construction plans and specifications;
6.4.2 Analysis prepared by a professional engineer or qualified hydrologist
showing the effect of the project on hydraulic capacity and water quality; and
6.4.3 An erosion control and restoration plan.
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BCWD Proposed Rues
November 6. 1998
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7.0 FLOODPLAIN AND DRAINAGE ALTERATIONS.
7.1 Policy. It is the policy of the District to:
7.1.1 promote the reasonable use of water resources, such that a landowner may
dispose of surface water only ina manner which does not unreasonably burden
downstream landowners;
7.1.2 preserve existing water storage capacity below 100 year flood elevations on
all waterbodies in the watershed to minimize the frequency and severity- of high
water; and
7.1.3 prohibit development in the 100 year floodplain which will unduly restrict
flood flows or aggravate known high water problems.
7.2 Regulation. No person shall alter or fill land below the 100 year flood elevation of
any wetland, public water, or landlocked subwatershed without first obtaining a permit
from the District. No person shall artificially remove surface water from the upper land
to and across lower land, nor obstruct the natural flow of surface water, without first
obtaining a permit from the District.
7.3 Criteria for Floodplain or Drainage Alterations.
7.3.1 Floodplain filling shall not cause a net decrease in flood storage capacity
below the projected 100 year flood elevation. The allowable fill area shall be
calculated by a professional engineer registered in the State of Minnesota or by a
qualified hydrologist. All new residential, commercial, industrial, and
institutional structures shall be constructed such that the lowest basement floor
elevations are at a minimum of two (2) feet above the 100 year high water
elevation.
7.3.2 No person shall install a culvert, drainage tile, or other artificial means to
remove or drain surface water without demonstrating to the District that they have
provided for adequate passage and no adverse impact on downstream landowners.
7.3.3 No person shall create an obstruction to the natural flow of surface water
without demonstrating to the District that the obstruction will not create an
adverse impact on downstream landowners.
BCWD Proposed Rues
November 6, 1998
27
8.0 FEES
8.1 Policy Findings. The Board of Managers finds that:
.
8.1.1 public awareness of and compliance with the permitting process will be
served by a policy of not charging a permit application fee. By encouraging
applicants to seek permits for potential projects, the public benefits by reduced
inspection and enforcement costs;
8.1.2 it is in the public interest that certain projects, involving larger scale
development or development in sensitive locations, be inspected and analyzed by
District staff to provide the Board of Managers sufficient information to evaluate
compliance with District rules and applicable law. The District's annual tax levy
should not be used to pay such costs for these development projects; and
8.1.3 from time to time persons perform work requiring a permit from the
District without a permit, and persons perform work in violation of an issued
District permit. The costs of engineering inspection and analysis in such cases
exceeds those costs where the applicant has complied with District requirements.
The District's annual tax levy should not be used to pay such costs which are
incurred because of a failure to meet District requirements.
8. 2. Site Inspections. A site inspection by District staff shall be performed in the .
following cases:
8.2.1 commercial, industrial, or multi-family residential developments;
8.2.2 single family residential developments greater than five (5) acres;
8.2.3 any alterations of a floodplain;
8.2.4 where any person performs any work for which a permit is required under
these rules without having first obtained a permit from the District, or, performs
any work in violation of any terms or conditions of a permit issued by the District
under these rules; or
8.2.5 any project which, due to its location, scope, or construction techniques,
requires inspection in order to determine compliance within District rules and
applicable law.
8.3 Calculation of Fees. In all cases described in section 8.2, the applicant, or person
responsible for the violation, shall pay to the District a fee equal to the District's actual
costs of field inspection of the work, including investigation of the area affected by the
work, analysis of the work, services of a consultant, including engineering and legal
consultants, and any subsequent monitoring of the work, which in the case of a violation
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BCWD Proposed Rues
November 6, 1998
28
.
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are incurred after notice of violation from the District. Inspection fees shall be at least
$35.
8.4. Violation Procedures and Payment of Fees.
8.4.1 The District shall notify any person performing such work described in
subsection 8.2.4 of this rule of the violation. If a permit has not been issued for
the work, the person performing the work shall promptly apply for a permit. If a
permit has previously been issued, the Board shall rescind the permit if it finds
violations of permit terms.
8.4.2 Upon receipt of a permit application exhibits and completion of any
necessary inspection and analysis showing that the work is to be performed is in
accordance with District requirements, the Board may issue a permit. Upon
permit approval, the Board shall notify the permit applicant of the fee due. The
fee shall be paid to the District within thirty (30) days from the date of permit
approval and shall be received by the District prior to actual issuance of the
permit.
8.4.3 In cases where the permit approved by the Board requires further
monitoring of the project by District staff or consultants, the District shall notify
the applicant of the monitoring fee due. The fee shall be paid to the District
within thirty (30) days from the date of notice and failure to pay the fee shall
constitute a violation of the permit terms and the Board may rescind the permit.
8.5 Recovery of Fee. The fee provided for in this rule may be recovered by the District
by any legal action authorized by law.
8.6 Governmental Agencies Exempt. The fee provided for in this rule shall not be
charged to any agency of the United States or any governmental unit in the State of
Minnesota.
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November 6, 1998
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9.0 PERFORMANCE BONDS OR LETTERS OF CREDIT
9.1 Policy. It is the policy of the District to protect and conserve the water resources of
the District by assuring compliance with the District's Rules in the performance 'of land
development activities within the District, and to assure compliance where necessary by
requiring a bond or other surety with a permit application that is conditioned on adequate
performance of the authorized activities and compliance with District Rules.
.
9.2. Form and Conditions of a Performance Bond or Letter of Credit.
9.2.1 The performance bond or letter of credit shall be in a form acceptable to the
District and from a surety licensed and doing business in Minnesota.
9.2.2 The performance bond or letter of credit must be in favor of the District and
conditioned upon the performance of the party obtaining the performance bond or
letter of credit of the activities authorized in the permit in compliance with all
applicable laws, including the District's Rules, the terms and conditions of the
permit and payment when due of any fees or other charges required by law,
including the District's Rules. The performance bond or letter of credit shall state
that in the event the conditions of the performance bond are not met, the District
may make a claim against the performance bond or letter of credit.
9.2.3 The performance bond or letter of credit must be valid and in force for at
least a one-year period and shall contain a provision that the bond or letter of
credit may not be canceled or released except pursuant to the terms of Paragraph
9.3 of these Rules.
.
9.3 Release of a Performance Bond or Letter of Credit. Upon written notification of
completion of a project, the District will inspect the project to determine if the project is
constructed in accordance with the terms of the permit and District Rules. If the project is
completed in accordance with the terms of the permit and District Rules and the party
obtaining the performance bond or letter of credit does not have an outstanding balance
for unpaid inspection fees, the District will release the performance bond or letter of
credit. If the District has not inspected the project and made a determination about the
project's compliance with the above criteria within 45 days of District receipt of written
notification of project completion, the performance bond or letter of credit is deemed
released.
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November 6, 1998
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,
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10.0 VARIANCES
10.1 Variances Authorized. The Board of Managers may hear requests for variances
from the literal provisions of these rules in instances where their strict enforcement would
cause undue hardship because of circumstances unique to the property under
consideration. The Board of Managers may grant variances where it is demonstrated that
such action will be keeping with the spirit and intent of these rules.
10.2 Standard. In order to grant a variance, the Board of Managers shall determine that
the special conditions which apply to the structure or land in question do not apply
generally to other land or structures in the District, that the granting of such variance will
not merely serve as a convenience to the applicant, and that the variance will not impair
or be contrary to the intent of these rules. A hardship cannot be created by the landowner,
the landowner's agent or representative, or a contractor, and must be unique to the
property. Economic hardship alone is not grounds for issuing a variance.
10.3 Term. A variance shall become void after one year after it is granted if not used.
10.4 Violation. A violation of any condition set forth in a variance shall be a violation
of the District rules and shall automatically terminate the variance.
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November 6. 1998
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11.0 ENFORCEMENT
11.1 Violation of Rules a Misdemeanor. Violation of these rules, a stipulation
agreement made, an order or permit issued by the Board of Managers pursuant to these
rules, is a misdemeanor.
11.2 District Court Action. The Board of Managers may exercise all powers conferred
upon it by Minnesota Statutes Chapter 103D in enforcing these rules, including criminal
prosecution, injunction, or action to compel performance, restoration, abatement, or other
appropriate action.
11.3 Administrative Order. The District may issue a cease and desist order when it
fmds that a proposed or initiated project presents a serious threat of flooding, soil erosion,
sedimentation, or an adverse effect upon water quality or otherwise violates any rule of
the District.
Bcwd/rulemaking/draft rules.
BCWD Proposed Rues
November 6, 1998
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MEMORANDUM
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TO: Mayor and Council
FR: City Coordinator
RE: Proposed amended Cable
Commission JP Agreement
DA: December 11, 1998
Discussion:
.
I am enclosing the latest revision of the Central St. Croix Valley Joint Cable
Communication Commission Joint and Cooperative Agreement. The revised agreement is
the result of several meetings I have had with interested parties (i.e., Commission
members, City Attorney Magnuson, Access Corporation members and the Administrators
of the cities of Bayport and Oak Park Heights). The original agreement was entered into
during the mid 80's as part of the local communities (Bayport, Oak Park Heights and
Stillwater) efforts to administer a joint cable communications franchise. The revisions are
bracketed.
Perhaps the most significant revisions involve representation (page 2), attendance (page
4) and the restriction on lobbying activities (page 14). Sections 3 and 4 of Article III
Definitions, has been changed to distinguish a primary representative from an alternate
representative. This is not a major revision but the language gives some clarity to the
language contained in Section VI Representatives. The revisions in Article III also
include language that makes it clear that at least one of the primary representatives must
be an elected official (as per Section 1 of Article VI).
Section 3 of Article VI also provides that a "primary" representative would need to be
replaced by the member municipality in the event the primary representative had four
unexcused absences within a twelve-month period.
Section 15e. of Article IX Additional Powers would prohibit lobbying activities unless
approved by the Commission. I personally believe that this language is unnecessary.
There are many rules, procedures, etc. that the Commission can and will establish in the
course of business that will not be written into the JP agreement. Therefore, it seems
somewhat superfluous to include this language in the agreement. On the other hand, I
don't think that this is an issue that should cause any significant problems and I would
recommend that the provision be accepted.
.
.
The only other change worthy of note is the changes to Article X Financial Matters. The
changes involve elimination of language that was necessary during the "start up" of the
first franchise period. The new language is appropriate for the budget process related to
the franchise renewal period (Note: The language that appears at the end of Section 3,
Article X, page 16, was inadvertently omitted from the document we received from the
Commission so we typed in the missing language).
The changes to the agreement are bracketed.
City Attorney Magnuson and I will be prepared to discuss this further with you at the
meeting Tuesday.
Finally, the Council had previously scheduled a workshop on the JP agreement and other
issues related to the Joint Cable Commission and agreement, the Access Corporation and
the re-franchising ofthe cable system. The workshop was canceled and I do not believe it
is necessary to conduct a workshop on the JP agreement amendments that will be before
you on Tuesday. However, I think it would be beneficial to have the City's
representatives at a future meeting to update the Council on these issues. I can discuss
this with Council at the meeting Tuesday.
Recommendation:
Council adopt resolution approving revised Central St. Croix Valley Joint Cable
Communication Commission Joint and Cooperative Agreement.
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CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION
JOINT AND COOPERATIVE AGREEMENT
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SECTION 1.
"Associate Members" means a governmental unit
in the State of Minnesota which has entered into this agreement and
is, at the time involved, a party in good standing.
1
Associate Members shall have only all those powers and
responsibilities as are set forth in Roman Numeral V. hereof.
SECTION 2. "Commission" means the organization created .
pursuant to this agreement.
SECTION 3. "Primary Representative" means the persons,
of which must be an elected member of that city council, appointed
by a regular member municipalities City Council to be its primary
or principal representatives on the Commission.
SECTION 4. "Alternate Representative" means the person
appointed by a regular member municipality to serve in the place of
a primary or principal representative in the event that a primary
representative is not able to attend meetings, conferences or other
functions where primary representatives are expected to be
attendance.
SECTION 5. "Reqular Member Municipalitv" means a city
which enters into this agreement and is, at the time involved, a .
regular member municipality in good standing.
IV. REGULAR MEMBER MUNICIPALITIES
The cities eligible to enter this agreement are the following
three Minnesota cites: Bayport, Oak Park Heights and Stillwater.
V. ASSOCIATE MEMBERS
SECTION 1. Eliqibilitv. Other governmental units which
desire to follow the activities of the Commission and receive and
contribute information about the development of a cable
communications system, for the purpose of coordination
intergovernmental relationships, may affiliate with the Commission
as "associate members".
Revised December 11, 1998
2
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3
council.
The other representative may also be a member of that
.
council but in any event must be a qualified voter residing within
the city.
When the council of a regular member municipality
appoints its first two primary representatives, it shall give
notice of their appointments to the City Clerk of the other regular
member
municipalities.
Notice
of
successor
primary
a
representative shall be given to the Secretary of the Commission.
Notices shall include the name and mailing address of the appointee
which shall be deemed to be the official name and address of that
appointee for the purpose of giving any notice required under this
agreement.
SECTION 2.
Alternate Representative. Each regular member
municipality shall appoint an alternate representative in the same
manner and wi th the same
condition
as stated in
Section 1.
.
Alternate representatives
shall be
considered
as primary
representatives in the event a primary representative is unable to
attend a meeting as defined in Section VIII.
SECTION 3. Attendance. In
o,MAft'f
frrepresentative fails to attend four (4)
the
that
event
a
meetings within a twelve
(12) month calendar year period then, within 60 days of the fourth
unexcused
absence,
the
Commission
shall
declare
that
representative's seat vacant and the member municipality shall
appoint a different successor primary representative to complete
the remaining term.
SECTION 4.
Term.
The terms of the first primary
representatives shall begin on the effective date of this agreement
4
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and one representative designated from each city shall serve a two
year term and other a three year term. Thereafter, each primary
representative shall serve for a term of two years. Irrespective
of the terms assigned to each representative or regular member
municipality, that representative shall serve at the will of his or
her municipality and can be removed at any time with or without
cause by that regular member municipality upon that municipality
providing a notice of that event to the City Clerks of the other
regular member municipalities and to the secretary of the
Commission.
SECTION 5. Votinq. Each primary representative shall have
one vote. There shall be no voting by proxy, however, in the event
a primary representative is not in attendance, the alternate
representative shall have his/her one vote.
SECTION 6. Compensation. Representatives shall serve
without compensation from the Commission, but this shall not
prevent a regular member municipality from compensating its
representatives if compensation by that regular member municipality
is otherwise authorized by law.
VII.
OFFICERS
SECTION 1.
Commission shall
Number/Election. The
consist of a Chairman,
officers of
the
Vice Chairman,
a
a
Treasurer, and a Secretary, all of whom shall be a primary
representative and shall be elected at the first meeting of the
Commission and at the annual meeting of the Commission held on the
3rd Monday of Februarv of each year. New officers shall take
5
office at the adjournment of the annual meeting of the Commission
at which they are elected.
SECTION 2. Chairman/Vice Chairman. The Chairman or his
designee shall preside at all meetings of the Commission and shall
perform all duties incident to the office of Chairman, and such
other duties as may be prescribed by the Commission. The Vice
Chairman shall act as Chairman in the absence of the Chairman.
SECTION 3. Secretary. The Secretary shall be responsible
for keeping a record of all the proceedings of the Commission and
giving notice of the meetings.
SECTION 4. Treasurer. The Treasurer shall have custody of
the Commission's funds, pay its bills, keep its financial records
and generalliconduct its financial affairs. All checks drawn upon
the Commission's bank account shall be countersigned by two
persons, one of whom shall be an officer of the commission. The
Treasurer shall post a fidelity bond or carry an insurance policy
in an amount approved by the Commission, covering all persons
authorized to handle Commission funds. The Commission shall pay
the cost of the bond or policy. The Commission's financial books
and records shall be audited on or before July 1st each year, or at
such other time as the Commission may direct by an independent
auditor designated and approved by the Commission.
VIII.
MEETINGS
SECTION 1. Reqular Meetinqs. Regular meetings of the
Commission shall be held once each month. A regular meeting or
meetings may be cancelled by the Chairman for good cause shown
6
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provided that notice has been given to all representatives pursuant
to Section 2. hereof.
SECTION 2. Special Meetinqs. Special meetings of the
Commission may be called by the Secretary upon the written request
of a majority of the representatives provided that the majority
must consist of at least one representative of each member City.
SECTION 3. Notice. Notice of regular meetings of the
Commission shall be given to the representatives by the Secretary
at least five days in advance and when feasible, the agenda for
such meetings shall accompany the notice. However, business at
regular meetings of the Commission need not be limited to matters
set forth in the agenda.
SECTION 4. Location. All public meetings or hearings by
or before the Commission, the Executive Committee, or any
subcommittee shall be held within one of the regular member
municipalities.
SECTION 5. Publication of Notices. All public notices
required to be published by this agreement, the franchise
ordinance, the Minnesota Cable Communications Act or by the rules
of the MCCB or the FCC shall be published in the official newspaper
of each regular member municipality.
SECTION 6. Documents. All documents required to be made
available at the Commission for public inspection by this
agreement, the franchise ordinance, the Minnesota Cable
Communications Act or by the rules of the MCCB or the FCC shall be
7
deposited and made available at the City Hall or offices of each of
the regular member municipalities to this agreement.
SECTION 7. By-laws. At the first meeting, or as soon
thereafter as it reasonable may be done, the Commission shall adopt
by-laws governing its procedures, including the time and place of
its regular meetings. The by-laws may be amended from time to time
by a majority vote of the representatives present and voting.
SECTION 8. Votinq/Ouorum. Unless otherwise provided In
this agreement, no business shall be done unless voted for by a
majority of the representatives present and voting at a Commission
meeting, except that less than a majority may adjourn. A majority
of the number of representatives appointed at anyone time shall
constitute a quorum of the Commission.
IX
POWERS, RIGHTS AND DUTIES OF COMMISSION
The powers, rights and duties of the Commission shall include
those set forth in this Article.
SECTION 1. Franchisinq Authority. It shall act as the
cable communications franchising authority for the members to this
agreement.
SECTION 2. Grant of Franchises. It shall prepare, adopt
and grant cable communications franchises pursuant to the Minnesota
Cable Communications Act, Minnesota Statutes Chapter 238, the rules
of the MCCB and the FCC, and according to the following procedure:
a. Needs Assessment Report. It shall compile, make
publicly available and approve a Needs Assessment Report.
8
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b. Request for Proposals. It shall prepare and adopt
after a public hearing a Request for Proposals. The adoption of
the Request shall be by a unanimous vote of the representatives of
the Commission present and voting. If a request is not unanimously
adopted on the initial vote of the representatives, additional
votes shall be taken until either (i) a request is adopted by
unanimous vote of the representatives or (ii) the hearing is
adj ourned in which case the Commission may schedule and hold
additional public meetings to adopt a request for proposals.
c. Desiqnation of Company by Resolution. After
receipt and review of all proposals submitted to the Commission by
cable communications companies, it shall select after a public
hearing by resolution one cable communications company to which it
may grant a franchise. The adoption of this resolution shall be by
a unanimous vote of the representatives present and voting. If a
cable communications company is not unanimously selected on the
ini tial vote of the representatives, additional votes shall be
taken until either (i) one company is selected by unanimous vote of
the representatives or (ii) the hearing is adjourned in which case
the Commission may schedule and hold additional public meetings to
select a company in accordance with this paragraph.
d. Adoption of Franchise Ordinance. It shall prepare
and adopt ,an authorization known hereafter as a "franchise
ordinance" and, by that franchise ordinance, grant to one cable
communications company a non - exclusive franchise, not exceeding
fifteen years, to construct, maintain, operate, or manage a cable
9
communications system encompassing all of the territory of the
regular member municipalities. The introduction of the franchise
ordinance and the grant of the franchise shall be after a public
hearing and no sooner than 27 days after the hearing is closed, by
a unanimous vote of the representatives present and voting,
provided however, that the franchising process shall cease if a
cable communications company is not granted the franchise by
ordinance approved unanimously by representatives in accordance
with this paragraph. If the franchise ordinance is not adopted and
the franchise is not granted unanimously on the initial vote of the
representatives, additional votes shall be taken until either (i)
the franchise ordinance is adopted and the franchise granted by
unanimous vote of the representatives or (ii) the hearing is
adj ourned in which case the Commission may schedule and hold
additional public meetings to adopt the franchise ordinance and
grant the franchise in accordance with this paragraph. In the
event the franchising process ceases In accordance with this
paragraph, the Commission shall promptly recommence the franchising
process in accordance with this paragraph.
e. Withdrawal. A member may withdraw from the
Commission 18 months after sending a written Notice of Withdrawal
to the Commission's Secretary, as hereafter set forth.
(1) Notice of Withdrawal. A member withdrawing
from the Commission shall send to the MCCB and the Commissions's
Secretary a written Notice of Withdrawal specifying the effective
10
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. date of withdrawal and containing a copy of the City Council's
action approving its withdrawal. A member's withdrawal
shall be effective 18 months after that member sends its Notice of
Wi thdrawal, unless it specifies a later date in its Notice. A
Notice of Withdrawal may be rescinded at any time by a member.
(2) Effectiveness of Ordinance After Withdrawal.
The franchise ordinance adopted by the Commission shall provide
that it is effective and enforceable within the territorial limits
of a city which has withdrawn from the Commission and a city which
withdraws from the Commission under these Articles shall be bound
by the terms of any cable communications franchise ordinance
previously adopted and any franchise previously granted by the
Commission. A city which has withdrawn shall be the exclusive
4It authority to administer and enforce the cable franchise ordinance
of that city.
(3) Cooperation. The Commission and a city which
withdraws under this article shall cooperate with each other and
the cable communications operator and shall use their best efforts
to achieve an orderly and efficient transfer to that city any of
the assets of that city, and the administrative and enforcement
authority over the cable communications system established with it.
SECTION 3. Public Hearinqs/Notice. It shall hold at least
one public hearing before it adopts a request for proposals under
Section 2 (b), designates a company by resolution in accordance
with Section 2 (c), adopts a franchise ordinance in accordance with
Section 2 (d), amends that ordinance in accordance with Section 2
.
11
(g), or establishes subscriber rates in accordance with Section 5.
At least ten days before each such public hearing, it shall publish
in newspapers specified in Article VIII, Section 5, a notice of
that hearing. It shall comply with all notice and hearing
requirements set forth in 4 MCAR, Section 4.140.
SECTION 4. Administration/Enforcement. It shall
administer and enforce the cable communications franchise ordinance
(
provided that the franchise ordinance may permit the enforcement
and administration of certain of its provisions by regular member
municipalities to this agreement, for which services the Commission
shall payor reimburse its regular member municipalities.
SECTION 5. Rates. To the extent permitted by federal and
state law, by two-thirds vote of the representatives present and
voting, it shall establish or approve changes in rates charged
subscribers by the cable communications company. It shall inform
the City Council of each member of proposed changes in rates
charged subscribers under Section 13 below.
SECTION 6. Investiqation. It
may
investigate
other cities
in
the
operation
of
communications
cable
in
systems
Minnesota or elsewhere, and the expense of traveling and
subsistence of representatives in making any such investigations
shall be borne by the Commission.
SECTION 7. Gifts/Grants. It may accept gifts, apply for
and use grants and may enter into agreements required in connection
herewith and it may hold, use and dispose of money or property
received as a gift or grant in accordance with the terms hereof.
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SECTION 8. Contracts. It may enter into any contracts
deemed necessary by the Commission to carry out its powers and
duties, subject to the provisions of this agreement. Contracts
shall be let and purchases shall be made in accordance with the
legal requirements applicable to contracts and purchases by
Minnesota statutory cities.
SECTION 9. Advisorv Bodies. It may appoint advisory
bodies to make recommendations to it on cable communications.
SECTION 10. Consultants. It may act or cause others to act
in any manner regarding (i) the study of cable communications, (ii)
the preparation of a franchise ordinance and other documents
required to grant such a franchise, (iii) the evaluation of
applications, (iv) the administration and enforcement of a cable
communications franchise, and (v) the establishment of rates
thereunder.
SECTION 11. Ex-Officio Members. It may appoint ex-officio
members to serve at the pleasure of the Commission, said ex-officio
member shall serve without compensation and without the right to
vote.
SECTION 12. Amendments and Aqreement. It shall recommend
for enactment by its regular member municipalities, amendments to
this agreement which will facilitate the administration and
enforcement of the franchise ordinance adopted and the franchise
granted by it, and the establishment of rates thereunder.
SECTION 13. Reports to Members. It shall report all
proposed amendments of the franchise ordinance and changes in
13
subscriber's rates to the City Council of each regular member
municipality at least twenty nine days before the public hearing on
those matters.
SECTION 14. Other Actions. It shall take such action as it
deems necessary and appropriate to accomplish the general purposes
of the Commission and it may exercise any other power necessary and
incidental to the implementation of its powers and duties.
SECTION 15. Additional Powers.
a. To employ administrative or other personnel, legal
counsel, engineers, consultants, or other qualified persons who may
be paid for other services by hourly wages or by such fees as may
be agreed upon.
b. To cause reports, plans, studies, and
recommendations to be prepared.
c. To lease or purchase equipment and supplies
necessary to carry out the purposes of this agreement.
d. To institute, carry forward, and diligently
prosecute administrative procedures and lawsuits deemed advisable
to accomplish the purposes of this agreement.
e. The commission, its agents and employees may engage
ln lobbying activities and related traveling only after such
activities are approved by a unanimous vote of cable commission
members. Lobbying activities shall relate only to the regulation of
cable communications. The commission may also submit written
comments on rules, regulations or legislation regarding cable
14
.
.
vi'
.
.
.
e
communications proposed by or pending before the MCCB, the FCC, the
Minnesota Legislature or Congress.
SECTION 16. Notice. Meetings shall be noticed
conducted in accordance with the Minnesota "Open Meeting Law"
Minn. Stat. ~4 71.705 and amendments thereto. The collection,
creation, storage, maintenance, dissemination and access to data
shall be in accordance with the Government Data Practices Act,
Minn. Stat. ~13. 01 et. seq. Commission members and Commission
employees and appointees shall be subject to the regulations and
statutory provisions governing "local officials" as provided by
Minn. Stat. ~10A.01 et. seq.
SECTION 17. Other Laws and Requlations. This agreement,
all Commission activities, and any franchise ordinance adopted or
franchise granted by the Commission shall be subject to all local,
state and federal laws, and regulations.
X. FINANCIAL MATTERS
SECTION 1. Contributions: Pre-Award. Pre-award expenses
of the Commission shall be paid from contributions from each city.
Contributions shall be made on an equal or pro-rate basis depending
upon the nature or purpose of the expense which shall be agreed
upon by the regular member municipalities before the expense is
incurred. Any contribution made or expense incurred, such as
franchise referendum costs, by a regular member municipality per
this section shall be reimbursed to the regular member municipality
from any fees or non-refundable deposits received from prospective
and/or successful cable communication operators.
15
SECTION 2.
Contributions:
Post Award.
Post award
contribution shall be assessed on equal or pro-rate basis depending
on the nature or purpose or the expense, or in such other way as
the regular member municipalities shall agree.
SECTION 3.
Budoet Process.
A proposed budget for all
succeeding years shall be formulated by the Commission and
submitted to each of its regular member municipalities on or before
August 1st of each year. The commission shall adopt its preliminary
budget on or before September 15th of each year and adopt its final
budget on or before December 15th of each year A budget shall be
effective only if approved by a two-thirds majority of the regular
member municipalities. If the budget is not approved by a two-thirds major-
ity of the regular member municipalities, the COmmission shall promptly formulate
a revised budget and submit it to the regular member municipalities for their re-
view and approval.
SECTION 4. EXDenditures. Provisions of Minnesota Statutes
which govern the expenditures of funds by statutory cities shall
apply to the Commission. The Commission shall not have power to
levy taxes.
SECTION 5.
Annual Audit.
The annual audit of the
Commission's books and records required by Article VII, Section 4,
shall be reported to the regular member municipalities. The
Commission's books and records shall be available for and open to
examination by the regular member municipalities and the general
public at reasonable times.
SECTION 6.
Franchise Fees.
The franchise ordinance
adopted by the Commission shall provide that the Commission shall
16
.
.
.
.
.
collect all franchise fees paid by the cable communications company
to which a franchise has been granted. The franchise ordinance
shall also provide for the ability of the commission to require an
audit of the franchise fees at the franchisee expense for any
period of time during the franchise.
XI. DISSOLUTION
SECTION 1. Method. The Commission shall be dissolved upon
the affirmative vote of all the regular member municipalities of
the Commission.
SECTION 2. Distribution of Assets. Upon dissolution, the
remaining assets of the Commission, after payment of all
obligations, shall be distributed among the regular member
municipalities in proportion to their contributions, or in such
other way as those regular member municipalities may agree.
SECTION 3. Necessary Measures. In the event of a
dissolution the Commission shall determine the measures necessary
to effect the dissolution and shall provide for the taking of such
measures as promptly as circumstances permit and subject to the
terms of this agreement.
SECTION 4. Effectiveness of Ordinance After Dissolution.
The franchise ordinance adopted by the Commission shall provide
that it is effective and enforceable within the territorial limits
of all cities which were regular member municipalities prior to the
dissolution of the Commission, and those cities shall be bound by
the terms of any cable communications franchise ordinance
17
previously adopted and any franchise previously granted by the
Commission.
XII. EFFECTIVE DATE
SECTION 1. Execution of Aqreement. A regular member
municipality entering into this agreement shall do so by the duly
authorized execution of a copy of this agreement by its proper
officers. Thereafter, the Clerk or other appropriate officer of
that regular member municipality shall file a duly executed copy of
this agreement, together with a certified copy of the authorizing
resolution required by Article X with the City Clerk of the City of
Stillwater.
SECTION 2.
Effective Date.
This agreement shall become
.
effective when ( a) it has been authorized by all of the three
eligible cities and (b) all appropriate documents have been filed .
as provided above.
SECTION 3. Previous Aqreement Superseded. This agreement,
when effective under Section 2 above, superseded all previous
agreements between the regular member municipalities hereto
establishing a joint cable communications commission.
SECTION 4. This agreement shall be effective as of
, 1998. Independent approvals of each of the
member communities shall be effective "nunc pro tunc" to the
effective date as provided herein and shall have the same effect as
if done at that time.
18
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.
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.
XIII.
DURATION AND ENFORCEMENT
This agreement shall continue in full force and effect during
the term of any franchise ordinance and shall be automatically
renewed for an additional fifteen year term at the conclusion
thereo unless two of the three members hereof provide notice in
writing to the Commission of their desire not to have the agreement
renew at least one hundred eighty days prior to the expiration of
the franchise ordinance to be issued herein.
IN WITNESS WHEREOF, the undersigned municipality has
caused this agreement to be signed on its behalf this
day of
, 19_
IN PRESENCE OF:
CITY OF STILLWATER:
IN PRESENCE OF:
CITY OF OAK PARK HEIGHTS:
IN PRESENCE OF:
CITY OF BAYPORT:
Filed
this
in the Office of the City Clerk of the City of Stillwater
day of 19___
19
.
,
if'
. MEMO
.
.
To:
From:
Subject:
Date:
Mayor and City Council
Steve Russell, Community Development Director ,IL--
Request for Extension of Time for Comprehensive Plan Amendment
December 10, 1998
The deadline for Comprehensive Plan amendment update is December 31, 1998. The required
City update will not be extensive because the City's Comprehensive Plan was recently approved
by the Met Council (March 1996).
A draft of the minor amendment has been provided to the Met Council for review and comment.
Based on the comments, additional information is being provided to complete the amendment
(see attached letters). The requested six-month extension should provide adequate time to
complete the update.
Recommendation: Request six-month extension for Comprehensive Plan completion
(resolution).
.
...
',-
RESOLUTION NO. 98-_
.
RESOLUTION REQUESTING A SIX-MONTH EXTENSION OF THE DE~EMBER
31,1998 DUE DATE FOR REVIEW OF THE CITY OF STILLWATER
COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN
COUNCIL POLICY PLANS
WHEREAS, state statutes (Minn. Stat. ~473.175-473.871 (1996) requires that cities (townships)
review and revise their comprehensive plans for consistency with Metropolitan Council
policy plans; and
I
WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system
statements outlining Council policy relative to the city (township); and
WHEREAS, the City of Stillwater is required to review its comprehensive plan for consistency
with the amended policy plans and to prepare a revised comprehensive plan for
submission to the Metropolitan Council by December 31, 1998; and
WHEREAS, the City of Stillwater has scheduled and budgeted to complete a major review and
update of its comprehensive plan by July 1, 1999.
?,
NOW, THEREFORE, BE IT RESOLVED, that the City of Stillwater requests that the .
Metropolitan Council grant the City of Stilwater a six-'month 'extension to the deadline to
complete its comprehensive plan; circulate the revised document to the adjacent
governmental units and affected school districts for review and comment; and, following
approval by the planning commission and after consideration by the city council, submit
the plan to the Metropolitan Council for review.
The motion for adoption ofthe foregoing resolution was introduced by , seconded by,
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Adopted by the Stillwater City Council this 15th day of December, 1999.
City clerk
Mayor
.
'.
,~
.~
Metropolitan Council
Working for the Region, Planning for the Future
.
.
.
December 3, 1998
Steve Russell
Community Development Director
City of Stillwater
216 West 4th Street
Stillwater MN 55082
RE: Request for Extension of Time to Complete Review and Amendment of
Local Comprehensive Plans
Dear Mr. Russell:
Because the deadline for submission of an updated comprehensive plan is now less than a month
away, it may become necessary for Stillwater to ask for an extension of the deadline.
State statutes provide the Metropolitan Council with the authority to grant extensions to local
governments in order to complete or amend comprehensive plans, fiscal devices and official
controls. As our information packet describes, we must receive from you a resolution from your
governing board (model attached), a completed questionnaire (enclosed), and a timetable for
completion of your plan.
The information we require from you is critical to oureffort to plan regional systems in your
area. In addition, your data, along with other communities' plans already submitted, will provide
a clearer regional context within which to complete individual comprehensive plan reviews.
If you have any questions regarding the form or the process for granting plan extensions, contact
Guy D. Peterson your sectorrepresentative at 651/602-1418.
Sincerely,
CraIg R. Rapp
Director, Community Development
Enclosures
c:
Charles Arneson, Metropolitan Council Representative, District 12
Guy D. Peterson, Sector Representative _
Richard Thompson, Office of Local Assistance
V:\L1BRARY\COMMUNDV\PETERSON\ 1998\extreq98 lastcall.doc
AREA CODE CHANGES TO 651 IN JULY, 1998
230 East Fifth Street St. Paul. Minnesota 55101-1626
Fax 602-1550
TDD/TIY 291-0904 Metro Info Line 602-1888
(612) 602-1000
An Equal Opportunity Employer
.
~ Metropolitan Council
~ Working for the Region, Planning for the Future
.
July13, 1998
Mr. Steve Russell
Community Development Director
Stillwater City Hall
216 North Fottrth
Stillwater, MN 55082
RE: Stillwater Comprehensive Plan-Informal Review
Metropolitan Council Referral File No. 16638.,3
Metropolitan Council District No. 12
Dear Mr. Russell,
The Metropolitan Council staff received the city's plan information for informal review on June
26, 1998. We have reviewed the plan and determined that the plan needs to include the following
information:
WATER RESOURCES
On October 29, 1997 the Council sent you a letter stating that your plan must inc!~ded
information ~~~~!llng8.:IljI~tl()WJlA(ljnfi1tratiOIL(ILI)g9JltalID.1g with a copy of Individual'
Septic Tank System (ISTS) inspection policy to determine its nature and acceptability. We
acknowledge that efforts have been made to reduce III in your collection system, butinfo'rmation
describing your program and goal is still needed to conform with The Local Planning Handbook,
which states:
.
· Requirements and standards for minimizing III and illegal sump pump connections
· Extent, source and significance of existing III problems and analysis of costs for
remediation; and
· Program strategy, priorities, scheduling, regulations, and financing mechanisms for reducing
and preventing the problem.
Our staff has some questions regarding your numbers for sewered population; perhaps we could
discuss this in a meeting. I will contact you to schedule a time to discuss these questions and
issues.
, WATER QUALITY
The city should incoIporate current MPCA regulations (MN Rules Chapter 7080) as part of an
ISTS management program.
-,-'. ~:..~ :...
LAND USE
The comprehensive plan's future land use map should incorporate the orderly annexation areas in
order to include future development in 5-year increments.
.
230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TIY ~91-0904
Metro Info Line 229-3780
',"
.
.
.
If you have any questions, please contact Tonia Johnson, principal reviewer at 602-1585.
~~Mo~
Richard Thompson '
Comprehensive Planning
c: Charles Amason, Metropolitan Council District 12
Lynda Voge, Victoria Boers, Tonia Johnson, Metropolitan Council Staff
Sherry Narusiewicz, MnDOT Metropolitan Division
Guy Peterson, Metropolitan Council Sector Representative
t
The William SaunlrV Mansion
A Bed and Breakfast Inn
.
http://www.sauntrymansion.com
626 North Fourth Street
Stillwater, Minnesota 55082-4827
Phone (651) 430-2653 (800) 828-2653
Fax (651) 351-7872
Email sauntryinn@aol.com
Art and Elaine Halbardier, Owners
December 11, 1998
Request for City Council Endorsement
of Fire Code Variance Request
TO: Members of City Council, City of Stillwater
BY: Elaine and Art Halbardier, Owners
Background
.
The William Sauntry Mansion has been licensed as a Bed and Breakfast since 1990. In April, 1998, the
Planning and Zoning Commission of the City of Stillwater approved our petition to convert an existing
studio apartment in the mansion into a sixth Bed and Breakfast unit. This area on the first floor rear of
the house was historically a lodging unit for the butler, and subsequently a rental apartment continuously
through 1996. Remodeling of the area for the sake of safety was in order after all those years. It was the
view of all concerned - owners, neighbors, and the commission - that a B & B unit was a more desirable
use than a rental apartment. Safety was enhanced by removal of a kitchen, and we could much better
manage the use of the space as a B&B unit.
We worked closely with the City of Stillwater Building Department from the outset. The conversion was
judged to pose no additional hazard to guests housed in the already permitted units, in that the area is on
the first floor with ample exits of its own to outdoors. The Building Department determined that our
proposal conformed to state codes in that all parts of our home committed to Bed and Breakfast use are
confined to the first and second floors (R-1 Hotel classification). The partial third floor in the front of
the house which the owners use for their bedroom and bath remains R-3 Residential.
On October 22, 1998, we were visited by an inspector from the State Fire Marshall Division. The
inspector determined that we are now required to install a fire sprinkler system throughout the entire
facility, provide one-hour fire separation or sprinkler for the basement where the heating boiler is located,
and a fire alann system thoroughout the house. This stemmed from their differing interpretation of the
fire code that since the building is three stories in height, it is classified in its entirety as a "hotel" (R-I),
even those portions reserved for the owners residence.
Over the past few weeks, we, Mr. Zeppcr of the Building Department, and Chief Kallestad have had
multiple conversations with officials of the Fire Marshall Division and have written letters in an effort to
help them understand the city's interpretation of the code, all to no avail. The only avenue of appeal they
will accept is for us to request a variance from tlle fire code under a procedure established under Statute
299F.011, Subdivision 5. That procedure begins with soliciting the endorsement of that variance
request from "the local gov~rning body".
.
We are frustrated at the circumstances we have been placed in, and truly regret imposing upon your time
with this matter, but sincerely and respectfully ask your endorsement of our variance request to the Fire
Marshall Division at this time.
Specific Issues
;
In requesting a variance we are required to show that
A There is substantial compliance with the provisions of the fire code.
B. The safety of the public and building occupants will not be jeopardized.
C. Undue hardship will result to the requesting party unless the variance is granted.
.
We believe our request meets those requirements in each point.
A Substantial Compliance At the direction of the city Building Department, additional fire resistive
materials and measures were used in remodeling the new unit. All work was done to code and approved
by the appropriate local and state inspectors. In addition, we used the opportunity to bring new electrical
service to two additional guest rooms. Since purchasing the inn in 1996, we have made other extensive
electrical upgrades throughout the house for increased safety. Inter-connected permanently-wired smoke
detectors with battery backup have been installed on all levels of the house including the basement to
notifY all occupants of a problem anywhere on the premises so that they can exit safely.
In 1996-97, we undertook a $10,000 renovation of the boiler, including redundant low-water cutoff and
pressure relief valves to ensure its safe operation. All wood-burning fireplaces in guest rooms have been
replaced with new sealed natural gas units. We also have dealt with all the remaining minor items cited
in the October 22 inspection. Our issue is only with the requirements for sprinklers and alanus which we
do not believe should apply and with which it is impossible for us to comply financially or practically.
B. Safety of Occupants. As already noted, guests in the additional room have their own exit to the
outside. The presence of the additional room poses no additional hazard to guests in the previously
pennitted rooms. These guests have two exits available at opposite ends of the hallway. The owners also
have two means of exit available from the third floor.
C. Undue Hardship. Since approval by the Planning Commission in April, we have invested over
$25,000 in renovation costs to bring this unit on line. The William Sauntry Mansion is the only B & B
in Stillwater listed on The National Register of Historic Places, which prevents alterations to its exterior
which might make other configurations of guests rooms or owner's spaces possible. The house is filled
with interior surfaces and fixtures of significant historical importance, including century-old wall
coverings, painted ceilings, parquet flooring, and architectural woodwork.
.
Retrofitting sprinklers and alarms without damaging historically significant surfaces in the home is
practically impossible. The expense of doing so on top of the costs already incurred is more than the
business can ever hope to recoup at its current level. Further expansion of the business with additional
guests rooms is not an option in our home nor permitted under the city ordinance. The space we
renovated is now no longer suitable as a rental apartment without a kitchen; I shudder even at the
contemplation of the approval process required for putting a kitchen back in. If the sprinkler and alarm
system requirement stands, our only option is to close down an existing guest room, essentially voiding
our investment,' enduring loss of revenue, and lowering the value of our property.
In short, as the saying goes, we find ourselves "between a rock and a hard place", and I truly believe this
is through nobody's negligence or fault. Rather, it is the result simply of an honest difference regarding
interpretation of some ambiguous language in tlle code which speaks to "hotels" of three or more stories.
Again, we respectfully request your endorsement of our variance request to the State Fire Marshall. We
regret having to take your time with this matter, and thank you in advance for our co~eration and,
hopefully, support of our appeal in this very frustrating matter. / ~
/, I
. J
'I .
{!~ e.c/~
.
Copy ofMr. Zepper's letter to the Deputy Fire Marshall is attached.
\
:.
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.
.
... ....,' "_, ,_, ~ .J,. _, _, '_' ..L I_I. "1 f_1
"'t..:,t':"IC.OJ. U
1~~1 T ur ~f~LLWHIC~
rHt.~lc.. t..lJ..
~illwater
~~1~ - -~
THE BlftTHPLACf OF MINNESOTA i)
November 25. 1998
Mr. Roger Jemming
Deputy State Fire Marshail
409 Meredith Rd
Albert Lea, MN 56007
RE: Fire Suppression for the William Sauntry Mansion, Stillwater, MN
Dear Mr. Jemming:
The City of Stiltwater has a procedure in place for determining the need f a fire
suppression system. One example is the Rivertown Inn 8 & 8 on Oliv Street
which has 8 system instal1ed because the sixth unit Is on the second ff or of a
three-story 8 & B. Another example is the James A Mulvey lnn on ( hurchill
Street. This B 8. B has six units. two of which are located in a caniaQ! house
that is a separate structure from the main building. Since there are not si)units in
anyone structure a fire suppression system is not required. :
My interpretation of the requirements in regards to the Saufitry Mana on was
made based upon the 1994 U.B.C., Section 904.2.8. In this structure, ere are
only two floors used for the R-1 occupancy. The rest of the structure is C 8sified
as an R-3. Additionally the sixth unit has its own two exits, which are not sed by
the rest of the B & B. Also, the adjoining walls and ceiling are construe: ad with
two layers of 5/8" Type-X Fire Rock creating a one-hour separation from: he rest
of the building. '
If you have any questions, please cal! me at 430-8826.
SiPOO1:elx,
(-. .
CITY HALL: 216 NOR.TH r:OURTH STILLWATER. MINNESOTA SS082 PHONE, 612-439-61; 1
.
Memo
To:
Honorable Mayor and Council Members
Kim A Kallestad, Fire Chief X f
From:
Through:
Nile Kriesel, City Coordinator
Da~e:
December 14, 1998
Subject:
William Sauntry Mansion Variance Request
Recommendation:
Endorse the Variance.
Request
The request is for the Stillwater City Council to endorse a variance request to the
Minnesota State Fire Marshal for an automatic fire sprinkler system and automatic fire
alarm system.
Background
.
The William Sauntry Mansion received city approval in April, 1998 to change the use of
an apartment dwelling unit to a sixth guest room for their Bed & Breakfast. By building
code definition, a sixth guest room changes this business to a hotel, R-1 occupancy
classification. Al Zepper, City Building Official, in consultation with a state building
code official, did not require a fire sprinkler system or fire alarm system for the
modifications of the building and change in use.
The building has single station battery operated smoke detectors in guest rooms, and
inter-connected 120 volt smoke detectors with battery backup in the hallways on all
levels of the house. This type of inter-connected system is frequently approved as a
substitute for an automatic fire alarm system in this type and size of occupancy, as it can
be argued that it provides relatively equivalent protection at considerably less cost.
Fire sprinklers are required by code in hotels (R-1) three stories or more in height. A fire
sprinkler system was not required in the Sauntry Mansion at the time it became a hotel
(by building code definition) based on an interpretation of code language that classifies
the building as a two-story hotel (R-1) with a private residence for the owners (R-3) on
the third floor.
.
The State Fire Marshal's office has since inspected the building, as it does all hotels in
the city, and has written orders requiring installation of a fire sprinkler system. That
office has classi tied the building as a three-story hotel (R-1), thus requiring the fire
sprinkler system.
Code language is sometimes ambiguous, especially when trying to apply it to structures
over 100 years old. No fire separation is required between R-l and R-3 occupancies, thus
supporting the first interpretation. The reverse argument states that mixed-occupancy
buildings are commonly classified in total by the primary use, thus supporting the second
interpretation.
Variance Requirements
1. Substantial compliance with the fire code. Numerous improvements have been made
to the building regarding life safety. The building complied with all building codes
and received approval from building officials.
2. Safetv of the public and occupants ofthe building. Although "fire safety" is a relative
term, and possibilities always exist to improve fire safety, those possibilities are not
always practical or cost effective. A reasonable level offire safety exists in this
building. (See the summary.)
3. Undue hardship for the requesting party if the variance is not granted. Clearly, an
undue hardship for the owners exists if the variance is not granted. (See the
summary.)
Summary
Art and Elaine Halbardier, Sauntry Mansion owners, went through proper channels and
procedures to obtain permission to renovate an apartment unit into a guest room. Based
on information from local and state building officials, the owners proceeded with the
renovation, at considerable expense. The renovation arguably improved fire safety in the
building by providing a one-hour rated separation between the sixth room and the rest of
the building, by removing a kitchen and associated cooking, and theoretically giving the
owners more "control" over use by guests than by monthly renters.
Additional fire safety measures include boiler renovation and safety systems, electrical
improvements, and gas-fired inserts installed in every guest room fireplace.
The building is safer now than it was before the renovation. If the owners knew that fire
sprinklers and a fire alarm system would be required because the apartment was changed
into a guest room, I am convinced they would not have proceeded with the renovation.
The building would not have received some of the fire safety improvements it did.
The owners made business decisions based on one interpretation of ambiguous code
language, received approvals, and proceeded with costly renovations, foregoing
apartment rent revenue. It is unfair for government to now force the owners to choose
between installing this extra fire protection equipment and closing a guest room, thereby
losing revenues. No one can guarantee that fires will not occur and that people will never
be injured, but given the circumstances, a variance to the State Fire Marshal's orders in
this case is appropriate. I recommend Council's endorsement of the variance.
.
.
.
..
Memorandum
.
December 10, 1998
TO: Mayor and City Council
FROM:
Klayton H. Eckles
City Engineer
\L~
SUBJECT: Purchase of a 1 Ton, 4 Wheel Drive Plow Truck
DISCUSSION:
The 1998 budget included money for a one ton truck as well as money for two pickup trucks. When
the new sewer vactor truck was purchased, there was a short fall of approximately $30,000. Expending the
additional Capital Outlay in the Sewer Fund set aside for the one ton truck compensated this. An additional
one ton truck with plowing capabilities is something we could use immediately. Staff is proposing that
Council authorize the purchase of a one ton truck using the Capital Outlay set aside for the purchase of two
pickup trucks for Public Works. The proposed pickup trucks to be replaced are old and in need of
replacement, but this could be put off for a short time.
.
Attached are quotations from Harold Chevrolet that shows the chassis of a one ton pickup can be
purchased for $21,833.00, plus tax and license. This vehicle has been discounted due to some hail damage
and the price is significantly less than the price of some of the State Cooperative Purchasing options. For
comparison listed below are some prices from the State's Cooperative Purchasing Venture:
TYPE GVW PRICE
Ford 4X4 10,500 $22,410
Ford 4X4 15,000 $26,300
GMC 4X4 12,000 $22,033
RECOMMENDATION:
Staff recommends that Council approve the purchase of a one ton, four wheel drive truck from
Harold Chevrolet for a price of$21,833.00, plus tax and license.
ACTION REQUIRED:
If Council concurs with staff recommendation, Council should pass a motion adopting a resolution
authorizing the purchase of a GMC one ton, 4X4 plow truck.
.
1
Prepared for:
NOV.23.1998 5:29PM
NO.219
HAROLD CHEVROLET
P.3
Prepared by:
OARRIN BESSE
C H E V R 0 LET
Vehicle Detailed
CODE
CK31003
IBM
1SZ
R9A
ZWg
ROS
FE9
C7L
L29
MT1
GT5
G8e
F44
VYU
F60
NZZ
F61
V10
T~
MODEL
1998 4WO ~egular Cab Chassis Cab, 135.5~ we
MSRP
23,452.00
DECOR & PACKAGES
Preferred Equipment Group 1SM
Preferred Equipment Group Dhicount
Tire Weight Tax - Model
Cheyenne Decor
Convenience Package
(Reqs PEG 15M)
Incls:
C60 Air Conditioning
ZQ3 Tilt and CNise
UM6 Radio w/Cassette
NlC
(500.00)
NJe
NlC
1,337.00
DRIVELINE
Chassis Cab Body Code
Dual ~eilr Wheels
(/ilIA YHH or YGK Tires)
Federal Emission Requirements
12,000 Jes GVWR
(Incls F44 Cha~sie)
Vortec 7400 SFI va
4-Speed Automatic W/OD, HD
ElectrOl'1icelly Controlled
4.10 Rear Axle ~atio
(Incls Engine Oil Cooler)
Locking Differential
(lnol w/HC4 on C-K30S03)
Heavy-Outy Chassis Equipment
(Avail on 11000 G\IW Only)
Snow Plow Prep Package
(K3500 Only) (Incls F6D Front Springs)
Heavy Outy Front Springs
(K3500 Only) (Inel wNYU Pkg)
SKid Plate Package
(K3500 Only) (Incls Fuel Tanl<, Front
Oifferential and Transfer Case Shields)
Rear Stabilizer Shaft
(N/A C-K30S03)
Cold Climate Package
(lnch;Eng Block Heater) (Reqs Base
Decor wIOiesel Eng)
H~avy Outy AuxHiary Battery
(N/A Diesel Engine)
N/C
N/C
Nle
NlC
600,00
970.00
N/C
252.00
N/C
116.00
N/C
95.00
59.00
33.00
134,00
Page 2 NOlJember 24. 199a
a
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.
.
NOV.23.1998 5:30PM
If;
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Prepared for:
HAROLD CHEVROLET
NO.219
P.4
Prepared by:
DARRIN BESSE
NOV.23.1998 5:30PM
NO.219
P.5
HAROLD CHEVROLET
Prepared for:
..
Prepared by:
OARRIN BESSE
These prices may not reflect the ultimate vehicle cost, In View of future manufacturer rebates, allowances,
incentiVes, etc. Prices and specifications subject to change without notice. Federal, state and local taXes extra. An
asterisk [..] indicates that the options have been altered by the dealer, All sales prices established solely by dealer.
The graphic printed on this report may not reflect the vehicle chosen.
Revised 07115/1998
rle~+
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~ 3 033,
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ClO
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Page 4 NQVember 24, 1998
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Memorandum
December 10, 1998
TO: Mayor and City Council
FROM: K1ayton H. Eckles ]t.. ~/
CIty Engmeer
SUBJECT: Purchase of Accessories for One Ton Plow Truck
DISCUSSION:
Under the Joint Venture Purchasing Options that the State of Minnesota offers, the City can purchase
a two cubic yard dump box, a straight blade plow and sander for the new one ton truck. The attached
document is a printout from the State Purchasing Venture listing the Body Package E that Crysteel
Company has quoted. This package completely installed has a price of $13,311.00. This amount, plus the
purchase price of the truck and chassis is less than the $36,000 budgeted for two pickup trucks.
RECOMMENDATION:
Staff recommends that Council authorize the purchase of a dump box, straight plow and sander from
Crystreel for a price of$13,311.00, plus tax.
ACTION REQUIRED:
If Council concurs with staff recommendation, Council should pass a motion adopting a resolution
authorizing the purchase of a dump box, straight plow and sander from Crysteel.
2
______ NOV. 17.1998-- 3:53PM
CRYSTEEL TRUCK EQUIP
NO. 834 P.6
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gndor.
F~\\S AlJtomo""e. ,,,e.
Contract No.oi20B57
Q.DY ~A-~J: f'~ (Cump, Strtlight Blade PloW, Sander)
~VSTEEl2 CU YO OUMPBODY
.eNGTH: 8' -1" MAXIMUM
MDTH~ 96" OU1S'OE
~OLO bOWN SIDES WITH STOPS
aU\CK DROP TAILGATE
TAPERED BULKHEAD WITH SCREENEO WINDOW
12" CAB PROTECTOR
cOLOR TO MATCH CAB
CRVS1'EEllB-507 DOUBLE ACTING HOIST
POWER-ALL HYO VALve WITH ARMREST CONTROLS
9 FT BOSS STRA1G!"": BlADE SNOWPLOW W'TH R13 SYSTEM
RueSER SNOW FlAPS
MONROE I'{T SANDER wtTH DU^L FLOW CONTROL VALVE
MUOFLAPS WITH NO P~INTING OR LOGO BEHIND REAR W~leElS
'BeeR MOUNTED STOPITURNITAILUGHTS IN BUlKl-lEAD UPRIGHTS
~I .
CAS sHtELD MOUNTED seo DEGREE STROBE LIGHT WITH SELF LEVELING BRACKET
(AMBeR. OR BLue lENS TO BE SELECTED AT TIME OF ORDER)
,
il2lNCH puLL PLATE TRAILEr< HITOH DESIGNED FOR 15000 LB TRAILER
i'NO D-RlNClS RATED FOR 15000 LBS EACH
ReeSE 74116 PINTLt: HITCHJBI\l.L COMBO. B^LL 7000 loBs, PINTlE 16000 LBS
THrtEe VCRl1CAL POSITIONS FOR PINTLE MOUNTING
VARIABLE OEc,eEl ELECTRONIC BACK-UP ^LARM .
,
TRAILER WIRING WITH 60R 7 PIN ROUND METAL SOCKET (CUSTOMER TO INDICATE oN P.O,)
(A=ElECTRIC BRAKES. SsBATTERY CHARGING WHEN USING 6 PIN socKET)
. .
elECTRONIc TYPE eLECTRIC TRAILER BRAKE CONTROLLER
t:tAOI<AG~"~ (WttH SELt DRIVEN HYD PUMP) INSTALLED COMPLETE.....,.................
BODY MAKE: CRVSTEEl MOOEL~ 2 yo. TtPPER
HOIST MAKE: . CRVSTEEL MODEL: L8-507
SNOW PLOW: BOSS MOOEL: 9' STRAIGHT & RT3
SANDER: MOf'lRoe MODEl: RT .
$i3,3H
Deduct $75.00 for 8S" body.
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CITY OF STILLWATER
MEMORANDUM
TO:
Mayor and City Council
~
FROM:
Diane Deblon, Finance Director
DATE: December 11, 1998
SUBJECT: Worker's Compensation Insurance and Liability Coverage
BACKGROUND
The City has received the Worker's Compensation notice of premium options for the year 1999. The
City may select from several options that include regular premium, deductible options or retro-rated
options. In the past, the City has selected the retro-rated option which varies depending upon the cities'
losses.
ANALYSIS
Over the course ofthe years, the City has paid a slightly less total premium with this retro-rated option.
The last adjustment was for one large claim and amounted to over $50,000. After discussing the
Worker's Compensation issue with the City's insurance agent, the savings under the retro-rated options
are not enough to select these options.
CONCLUSION
The types of claims and the amount of claims have been changing over the last years and the LMCIT
has reduced the rates for coverage, also. The net deposit premium amount of $62,997 (based on
estimated payroll) is a very reasonable fixed dollar amount for the City's Worker's Compensation
Insurance. .
RECOMMENDATION
Staff recommends the selection and approval of the regular premium option of $62,997 for the 1999
year.
Also - the City Council must decide whether or not to waive the statutory liability limits. The City did
NOT waive this limit last year and staff recommends same action for 1999 policy year.
League of Minnesota Cities Insurance Trust
Group Self-Insured Workers' Compensation Plan
Administrator
Berkley Administrators
145 University Avenue West St Paul, MN 55103-2044 Phone (612) 215-4173
.
Notice of Premium Options for Standard Premiums of $50,000 - $100,000
The "City"
:::TI~U"JATEF'(
Agreement No.:
Agreement Period:
From:
To:
:)2-(;Ot):~,23--13
t)i /01 /i S'9'7'
o i 101/200(.1
216 NORTH 4TH STREET
STILLWATER MN 55082-00~)
Enclosed is a quotation for workers' compensation deposit premium. Deductible options are now available in return
for a premium credit applied to your estimated standard premium of $ 73125. . The deductible will apply
per occurrence to paid medical costs only. There is no aggregate limit.
As an alternative, cities with a standard premium in excess of$25,000 may select from several retro-rated premium
options. The final net cost under the retro-rated option equals the audited standard premium times the minimum
factor plus losses and all loss-related costs, not to exceed the audited standard premium times the maximum factor.
The net cost for each retro option based on your estimated payroll, would be between the minimum and maximum
amounts shown below, depending upon your losses. Adjustments will be made approximately six months after the
close of your agreement year and annually thereafter until all claims are closed. These adjustments will be based
on audited payroll amounts and reserved as well as paid losses.
Ple~se indi~ate below the premium option you wish to select. You may choose only one and you cannot change
optIOns dunng the agreement period. . .
OPTIONS
1 0 Regular Premium Option
Deductible Options:
Deductible
per Occurrence
$250
500
1,000
2,500
5,000
10,000
2 0
3 0
4 0
5 0
6 0
7 D
8 D
9 D
100
Premium
Credit
3%
4.5%
6%
10%
13.5%
18%
Retrospectively Rated Premium Options:
Retro-Rated Est. Minimum
Minimum Factor Premium
67.0% 46544.
57.3% 3'7'806.
43.2% 30011.
NET DEPOSIT PREMIUM
i:..2'=;'97.
Credit
Amount
2194.
32'7'1.
60803.
59706.
lr38:3.
58,SIC'.
7::::13.
'7872.
13163.
55t:.85.
53125.
i;9E:~:5 .
Maximum
Factor
130%
150%
200%
Est. Maximum (See#1 above
Premium fornet deposit
'11).;:)(.,.-/ . premium)
1 0420~: .
13893::) .
This should be signed by an authorized representative of the city requesting coverage. One of the above options must
beselected. Please return a signed copy oftms notice to us with payment and make checks payable to the LMCITe
Signature
Title
Date
For more information on the premium options that apply to your city, refer to the enclosed brochures.
LM 4503 (12;97)
~
~emo
DATE:
December 15, 1998
TO:
Mayor and City Council
FROM:
Nile Kriesel
City Coordinator
RE:
Pay Equity Report
.
Backe:round
As you know, the City of Stillwater's current job evaluation study was performed in the 1980's.
Since that time there have been new job classes added and existing job classes have changed.
For these reasons and because Minnesota State Statute states that job evaluation systems must be
updated, the City has selected the Hay Management Consultants System. Previously, the City
used the PDI point evaluation system. The Hay Consultants is widely accepted and is utilized by
the State of Minnesota, many Minnesota political subdivisions, private industry, and is used
throughout the country in both private industry and government jurisdictions.
Minnesota State Statutes 471.994 states:
"Every political subdivision shall use ajob evaluation system in order to determine the
comparable work value of the work performed by each class if its employees. The
system must be maintained and updated to account for new employee classes and any
changes in factors affecting the comparable work value of existing classes. . ."
The legislated factors which are to be included in any job evaluation system for determining the
comparable work value of job classifications are:
I. Skill;
2. Effort;
3. Responsibility; and,
4. Working Conditions.
The factors that Hay Consultants uses to evaluate job classes correspond to the legislated factors.
The Hay factors are:
.
1.
Know-How: The sum total of every kind of capability or skill, however acquired, needed
for acceptable job performance.
#.
2.
Problem Sqlving (Mental effort): The original, self-starting use of know-how required by
the job to identify, define, and resolve problems.
Accountability: The answerability for action and for the consequences thereof. .
Working Conditions: Jobs where hazards, and unpleasant environment and/or particular
physical demands are significant elements.
3.
4.
The City has taken the necessary steps of ensuring an accurate job exists for all current positions
and received a point valuation for these positions. Attached is information concerning the
process the City followed in using the Hay system. After receiving the initial point valuations,
City staff had the opportunity to appeal the valuations. Based on those appeals, the final point
valuation was determined. The final valuation is attached.
Finally, the Junior Account Clerk position was replaced by the Receptionist/Clerk Typist
classification. Therefore, the Council should eliminate the Junior Account Clerk Classification.
Recommendation
Council adopt resolution approving the use of Hay evaluation system and resultant point values
and eliminate the Junior Account Clerk classification.
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CITY CLASSIFICATION Hay Points
Labor/Maint. Worker 82
Parking Enforcement Off 121
Custodian 121
CSO 122
ReceptionistlClerk-typist 122
Library Asst I 128
. Jr. Parkkeeper 170
Light Equip. Oper. 173
Library Secretary 173
Library Assist II 174
Secretary 177
Secretary/Dispatcher I 187
Secretary/Dispatcher II 194
Senior Account Clerk 194
Parkkeeper 197
Sewer Maint. Worker 197
Heavy Equip. Oper. 197
Mechanic 197
Chief Mechanic 208
Library Associate 213
Fire FighterlEngineer 230
Librarian I 259
Engr. Tech. III 262
Bldg. Inspector 262
Patrol Officer 280
City Clerk 312
Engr. Tech IV 292
Asst. Public Works Dir. - St 320
Asst. Public Works Dir. - Pk 385
Fire Captain 327
Narcotics/Juvllnvestig Officer 331
Ass't. Finance Director 332
Planner 342
Asst. Library Director 357
Building Official 362
Sergeant 382
Civil Engineer 398
Asst. Fire Chief 424
Admin AsstlPersonnel Officer 479
Public Works Director 525
Library Director 554
Captain 562
Community Dev. Dir. 588
Fire Chief 618
Finance Director 677
City Engineer 732
Police Chief 739
City Coordinator 1040
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DATE: August 31, 1998
TO: City of Stillwater Employees
FROM: Nile Kriesel
City Coordinator
SUBJECT: New Job Evaluation Points for all Job Classifications
Minnesota Statutes 471.994 states:
"Every political subdivision shall use a _ job evaluation system in order to
determine the comparable work value of the work performed by each class of its
employees. The system must be maintained and updated to account for new
employee classes and any changes in factors affecting the comparable work
value of existing classes..."
.
The legislated factors which are to be included in any job evaluation system for
determining the comparable work value of job classifications are:
1. Skill;
2. Effort;
3. Responsibility; and,
4. Working Conditions.
The City of Stillwater's current job evaluation was performed in the 1980's. Since that
time there have been new job classes added and existing job classes have changed.
For these reasons and because the statute states that systems must be updated, the
City is changing job evaluation systems and has selected the Hay Management
Consultants System. The Hay Consultants system is widely accepted and is utilized by
the State of Minnesota, many Minnesota political subdivisions, private industry, and is
used throughout the country in both private industry and government jurisdictions.
The factors that Hay Consultants uses to evaluate job classes correspond to the
legislated factors. The Hay factors are:
1.
Know-How: The sum total of every kind of capability or skill, however acquired,
needed f0r acceptable job performance.
.
.
.
'Problem Solving (Mental effort): The original, self-starting use of know-how
required by the job to identify, define and resolve problems.
Accountability: The answerability for action and for the consequences thereof.
Working Conditions: Jobs where hazards, and unpleasant environment and/or
particular physical demands are significant elements.
A more in-depth description of the above factors is attached.
Attached are the preliminary results of the job evaluation study. Employees should
review these results and determine whether they wish to appeal the results for their job
classification. Appeals must be submitted in writing to the employees Department Head
by September 15, 1998. Attached is the process for requesting reconsideration of job
classification points.
;.'
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Components of Job Evaluatio"
v
.ci- measuring the "size" of jobs, job evaluation assumes fully acceptable performance by jobholdef3. Job content information, as
documented in job descriptions, is evaluated in terms of four factors that are added together to form Total Points. The factors
include:
II The depth and breadth of work procedures and vocational/technical/professional knowledge and skills required of the job.
.
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Know-How-ille sum total of every kind of skill, however acquired, necessary for acceptable job performance. Tnis includes:
II The managerial breadtli skills that are required for integrating and harmonizing different organizational units or functions.
· The human relations skills required to directly interact on a pef3on-to-pef3on basis with othef3 in order to produce the desired
results.
Problem Solving-ille original "self-starting" thinking required by the job for analyzing, evaluating, creating, reasoning, arriving
at and making conclusions. Tnis includes:
III The organizational and procedural paramet.ef3 that guide or circumscnoe the focus of thinking and freedom to think on the job.
II Tne variety, uniqueness, and complexity of problems faced by the job.
A ceo un tability-ille responsibility for action and for the consequences thereof; the measured effect of the job on end results. This
includes;
iii The autonomy or discretion that a job has in taking action and the pef30nal or procedural controls that a job follows.
.. The magnitude or impact that the job has on the County; what the job works with (or on) and its overall costlbenefit to the
County.
II The role the job has on impacting end results; whether the job has primary or shared responsibility for committing the County
to action or a contnoutory or ancillary role in supporting such action. .
.
Working Conditions-the conditions ~derwhich work must be done. This includes;
,II
Physical Effort-work requiring physical exertion.
II
Environment-exposure to objectionable or noxious conditions.
II
Hazards-exposure to factors involving risks of accident, pmonal injury, or pef30nal health.
Tue following are l1.QJ. considered in evaluating your job:
II
Tne quality of your job performance
II
Your length of service
II
Your formal education or degree (unless also a job requirement)
II
How the job was evaluated in the past
II
The current rate of pay for the job
..
Marketability with other employers
.
G'.Oiots\....-inon!-"":)\ccrn,xor.jo.doc(1J<oc-7.lk 19. 19%)
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_CITY OF STILL WATER
PROCESS FOR RECONSIDERATION
OF JOB CLASSIFICATION POINTS
All requests for reconsideration of job classification points shall be presented in writing
- and shall contain the follovling
a, Name of employee
b, Job Classification
c Reason and basis for reconsideration request based on the four (4) factors
specified in the cover letter.
d, Specific action requested.
2, The request for reconsideration shall be submitted by September 15, 1998,
3 The request for reconsideration shall first be presented ot the employee's department
head, The department head shall review the appeal and send the appeal and any
comments to the City Coordinator's office. Within 10 calendar days after receipt of the
request, the City Coordinator shall submit the appeal to the Consultant.
4,
Within 10 calendar day of receipt, the Consultant shall make a decision on the
employee's request and communicate this decision in writing to the City Coordinator.
5,
If a request for reconsideration is not presented by the employee within the time limit set
forth above, it shall be considered waived.
NOTE: You received this information previously, however, the
date for the request for reconsideration to be submitted has been
changed to September 28, 1998.
CITY OF STILLWATER
APPLICATION FOR RECONSIDERATION
OF JOB CLASSIFICATION POINTS
Employee Name:
Job Classification:
Department:
Specific reasons for requesting reconsideration of points:
Specific corrective action requested:
~-....,
Employee Signqture
Date
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MEMORANDUM
TO:
Mayor and City Council
FR:
City Coordinator
RE:
Change in procedures
for extending probationary
periods
DA:
December 15, 1998
Discussion:
Section 2-8 (attached) of the City's Policy and Procedures Manual/Personnel Policy
provides that probationary periods may be extended by a Department Head for a period
of time (not to exceed the time of the original probation period) "with the concurrence of
the City Coordinator and_the City Council". I am requesting that the extension of a
probationary period not require Council approval. This would allow a Department Head
to extend the probationary period without having to bring the matter to a public forum.
The change would be as follows:
Employees, who in the opinion of the department head, have not satisfactorily
completed the probationary period:
A. May be terminated at any time prior to the completion of the probationary
period with the concurrence of the City Coordinator and the approval of
the City Council, or
B. May have their probationary period extended for a period not to exceed
the time of the original probation period with the concurrence of the City
Coordinator.
Terminations, as addressed in the policy, would require Council approval. Only the
requirements for extending a probationary period would be changed.
Recommendation:
Council adopt resolution amending Policy and Procedures Manual, Section 2-8, by
eliminating requirement of Council approval for extending probation~ periods.
~,J-t
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Background Check:
A. Candidates for police and certain finance positions may be
photographed, fingerprinted and required to provide certain
information for purpose of a routine background check.
B. Any person who refuses to submit to such an examination may be
rejected for employment.
Psychological Examination:
A. Applicants being considered for the position of full-time and/or
part-time police officer shall take and successfully pass a
psychological examination by a licensed psychologist approved by the
City. The costs of such an examination shall be paid by the City.
B. Any person who refuses to submit to such an examination may be
rejected for employment.
SECTION 2-7 SELECTION
The administration of the selection process will be a cooperative effort
between the City Coordinator and the department head.
The department head,. through the City Coordinator, shall recommend in writing
to the City Council, all appointments for the department. The City Council is
the appOinting authority for the City.
The City Council shall make appointments, transfers to new classification or
promotions to new classifications, by adoption of a "Resolution of Employment"
which shall state the employee's name, job classification, effective date of
employment within the job classification, length of-probationary periOd and
the salary/benefits to be received by the employee. It shall be the
responsibility of the department head to supply the city clerk with the
information to be contained in the "Resolution of Employment" for any employee
assigned to his/her department.
SECTION 2-8 PROBATIONARY PERIODS
All newly hired employees will serve a twelve (12) month probationary period
unless their respective labor agreement or employment agreement stipulates a
different probationary period. The probationary period is designed to be a
time for the department head to rate the employee's compatibility in the
position and also for the employee to determine if the job is what he/She
expected it would be.
After successful completion of the probationary period, the immediate
supervisor, with concurrence of the department head, will document the
completion to the City Coordinator for the employee's personnel file.
Employee Who, in the opinion of the department head and with the concurrence
of the City Coordinator and City Council, have not satisfactorily completed
the probation period:
2-4
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A. May be terminated at any time prior to the completion of the
probation period, or
B. May have their probation period extended for a period not to exceed
the time of the original probation period.
SECTION 2-9 RESIDENCY REQUIREMENTS
Although highly desirable, employees are not required to maintain residenc~
within the City limits. However, certain pUblic safety employees must reslde
within a reasonable distance of the City as determined by the Public Safety
Director.
SECTION 2-1D APPOINTMENT AND PLACEMENT OF RELATIVES
Relatives closer than second cousins by blood will not be employed on a full
time basis in the same work group. Normally a work group will be defined as a
department. In some instances a division or distinct and separate section
within a division may be considered as a work group. Full-time employees will
not be placed in a work group in which a relative will exercise supervision
over the employee. All decisions on the definition of work groups and the
definition of a relative in a supervisor - relative relationship will be made
by the City Council. Wherever possible, the City Council shall avoid the
appointment of a spouse or a relative of any City official. The provisions of
this section shall not apply to any employee of the City who has been
appointed prior to the adoption of this manual.
2-5
"
DEC-11-1998 12:50
P.01/02
.
7:00 p.m. 1.
7 :05 p.m. II.
7:20 p.m. III.
7 :25 p.m. IV.
.
7:30 p.m. V.
8:05 p.m. VI.
.
CITY OF OFH
CfIY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, DECEMBER 15,1998
1 :00 P.M. AGENDA
FYI
Call to Order! Approval of Aiends:
Department/Council Liaison Re"orts
A. Parlts Commission
B. Cable Commission
C . Water Management Organization'
D. Recycling Award (1)
E. Pbing Commission
F. Council Committee Updates
Visitors
Thill is an oppo~nity lot the public to adeJr"'ll the CO\.lncil with questions Or concernll on
iSIlUC8 not pllrt ol the reg\llar agenda. (plsa.c limit ~QmmentJ to 3 minutes in llilngth.)
Conllent A~enda (Roll call Vote)
A. Approve Bills & Investments (2)
B. Approve City Council Minutes - November 24, 1998 (3)
C. Reappointment of Daria BeIgel: to the Parks Commission (4)
D. Approve application for tobacco license for Super America located at
14493 North 60U. Street (5)
E. Approval of 1999 Home Occupation licenses (6)
public Hearings
A. ContmuaHon of TNT hearing and adoption of 1999 budget
1. Approval of 1999 master 1\ldset (7)
2. Approval of water rate cbges and montlJy billing (8)
3. Approval utility connection charges (9)
B. Continuation of Holiday Stationstorei!l public Hearing (10)
C. publio hearing to consider adoption of fly ash ordinance (11)
D. FinJauthorization for issuance of 501.C3 bonds (12)
E. Reopen public hearing regarding Kern Center Rezoning (13)
New BUllines9
A. Adoption of Internet policy (14)
B, Receipt of letter from Bayport Fire Chief (15)
C. Setting of non-union salaries (16)
DEe-ii-1998 12:51
CITY OF OFH
8; 15 p.m. VII. old Business
A. Design guidelines (17)
B. Compo plan - extension {or Met Council review (18)
C. Approval of T eamsteD coniract - adjourn. to closed sesllion prior to this
approval (19)
D. Stillwater Eagle's club liquor license suspension update (20)
8:20 p.m.
VIII.
IX.
Closed Session to discuss union issues and pending litiglltion
Adiournment
P.02/02
TOTAL P. 02
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85 E. SEVENTH PLACE SUITE 100
SAINT PAUL, MN 55101-2143
612.223.3000 FAJ(:612.223-3002
f
L
SPRINGSTED
Public Finance Advisors
December 3, 1998
Honorable Jay Kimble, Mayor
City of Stillwater
216 North 4th Street
Stillwater, MN 55082-4898
Ms. Diane Deblon, Finance Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082-4898
Mr. Nile Kriesel, Coordinator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Mr. Steve Russell
Community Development Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
With Ron's retirement and my recent opportunity to meet you, I want to further introduce
myself and provide you with various easy ways to communicate with me. First, I appreciate
your long-term trust in Springsted and your continuing confidence in us. The relationship
between the City and Springsted goes back decades, and we are committed to providing the
City with the same high level of service you have known to expect from my predecessors.
Briefly as to my background, I am one of four owners of Springsted and have been with the
firm for approximately 13 years. I work directly with a major share of the firm's large and
medium-sized cities and counties. When I first arrived at Springsted I spent considerable time
as the analytical person for Bob Pulscher, our then CEO. Before joining Springsted, I was a
city financial officer for ten years. I have a master's degree in Economics, and for four years
was a canoe guide in the BWCA and Quetico Parks.
We have been doing major restructuring at Springsted with one objective being to have the
same staff work with a client on an ongoing basis. Therefore, you can expect to also be
working with two of our project management staff whose primary responsibility is analysis of
your projects and the bond market. Ms. Brenda Krueger and Ms. Patty Kettles will also be
actively engaged in working with the City. I have enclosed our resumes to provide you with a
larger description of our respective backgrounds.
I would like to schedule a get-together at minimum at the staff level in order that I can listen to
your expectations from Springsted. Knowing that the year-end is always busy, I would wait
until after the first of the year to schedule such a meeting unless there are particular topics
you would like to discuss beforehand.
You can get in touth with me directly by phone at (651) 223-3068 or bye-mail at
dmacQillivray@sprinQsted.com.
SAINT PAUL, MN . MINNEAPOLIS, MN . BROOKFIELD, WI . OVERLAND PARK, KS . WASHINGTON, DC . IOWA CITY, IA
Stillwater, Minnesota
December 2, 1998
Page 2
I look forward to working with you and continuing the long tradition of being of service to .
Stillwater. Please feel free to call upon me at anytime if I can be of assistance.
Respectfully,
_ \. .=.>.... i
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David N. MacGillivray, Principal
Client Representative
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RESUME
David N. MacGillivray
Principal
Experience:
Mr. MacGillivray is one of four principals of the firm and is responsible for overall client service.
His direct client responsibilities cover major cities and counties, as well as high-growth
suburban jurisdictions. Mr. MacGillivray joined Springsted in 1985 as a Senior Analyst, and
has attained a succession of positions in the analytical and project management areas. Prior
to joining Springsted, he worked for several municipalities in financial and city management.
Mr. MacGillivray brings to his client relationships not only municipal bond industry experience,
but also an economics background based in comprehensively addressing infrastructure
objectives. He is the author of numerous studies on fiscal impact analysis, economic
development finance, debt management, and the use of particular revenue sources such as
sales and admissions taxes. He has frequently testified before legislative bodies to enact new
authority to expand financing options for public entities.
Mr. MacGillivray's work is best exemplified in the recognition received by his clients. Four of
his clients have received singular annual Government Finance Officers Association Awards for
Excellence in Debt Management and Financial Planning. One of his clients has received the
joint Ford Foundation-John F. Kennedy School of Government Award for Innovation in
Government.
In addition to his duties at Springsted, Mr. MacGillivray lectures on public sector financial
management and the municipal bond industry at a Saint Paul university. He is a frequent
lecturer at local and national public finance forums.
Education:
University of Minnesota, Minneapolis
M.A., Economics
Specialized in Public Finance and Cost/Benefit Analysis
University of Minnesota
B.A., Economics
Lectures:
National Government Finance Officers Association
"Competitive vs. Negotiated Municipal Bond Sales"
Hamline University School of Law and Graduate School
of Public Management
Numerous Regional Forums
Government Finance Officers Association
of the United States and Canada
Certified Independent Public Finance Advisor, National Association
of Independent Public Finance Advisors
Affiliations:
RESUME
Brenda A. Krueger
Vice President, Project Manager
.
Experience:
,"":;'::::a..
Ms. Krueger joined Springsted as a Financial Analyst in 1988, was promoted to Assistant Vice
President in 1995 and Vice President in 1997. In her role at Springsted, Ms. Krueger provides
the technical support required to structure bond issues that meet the needs of the client and
fulfill the requirements of applicable state and federal laws. She is responsible for the
preparation of marketing and sale of the issue, which requires the compilation and analysis of
statistical, economic, financial and demographic data of the issuer and its overlapping taxing
jurisdictions. As an Assistant Vice President, Ms. Krueger assists in presentation of the issue
and issuer to national credit rating agencies and municipal bond underwriters. Ms. Krueger
also assists project managers and Springsted clients in a number of special projects.
Ms. Krueger has participated in the marketing of a variety of tax-exempt and taxable
obligations. Specifically, Ms. Krueger has prepared disclosure documents (Official Statements)
for utility revenue, lease-purchase and hospital revenue obligations, in addition to the more
typical general obligation debt financings for capital projects, infrastructure improvements, tax
increment supported projects and refundings.
Prior to joining Springsted, Ms. Krueger served on the staff of a Minneapolis-St. Paul suburban
community in the capacity of Community Development Specialist for two years and City
Planner for three years. Ms. Krueger was staff liaison to several city council advisory .
commissions, actively promoted the revitalization of the community's industrial and commercial
corridor and monitored activities within the community for consistency with the municipality's
Comprehensive Plan, as well as responding to the daily concerns and requests of local citizens
and the city council.
Education:
University of Minnesota, Minneapolis
B.A., Urban Studies
Affiliations:
Certified Independent Public Finance Advisor, National Association
of Independent Public Finance Advisors Exam
Minnesota Government Finance Officers Association
National Association of Independent Public Finance Advisors
.
.
.
.
RESUME
Patricia L. Kettles
Financial Services Analyst/Project Manager
Experience:
Ms. Kettles joined Springsted as a Financial Services Analyst in 1995 after graduating from the
Curtis L. Carlson School of Management at the University of Minnesota. Ms. Kettles is
responsible for managing the arbitrage and rebate reporting area for Springsted clients;
ensuring clients comply with federal regulations regarding tax-exempt debt issuance. Ms.
Kettles also serves as a Project Manager where she is responsible for structuring bond issues
for clients. In this role, Ms. Kettles assists in the marketing and sale of bond issues by
compiling and analyzing issuers' statistical, economic, financial and demographic data. Ms.
Kettles uses her strengths in technical analysis on behalf of Springsted clients through these
two interrelated positions.
Education: Curtis L Carlson School of Management, University of Minnesota
Bachelor of Science in Business
Minneapolis, Minnesota
Pursuing a Master of Business Administration in Finance,
University of S1. Thomas
Saint Paul, Minnesota
Affiliations: Government Finance Officers Association
of the United States and Canada
Minnesota Government Finance Officers Association
ce /2_-//S( q~
The Government Finance Officers Association
of the United States and Canada
presents this
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
.
to:
Diane Deblon
Finance Director
City of Stillwater, Minnesota
... - ~ ' -
The Award of Financial Reporting Achievement is presented by the Government
Finance Officers Association to those individuals who have been instrumental in their
government unit achieving a Certificate of Achievement for Excellence in Financial
Reporting. A Certificate of Achievement is presented to those government units whose
annualfinancial reports are judged to adhere to program standards and represents the
highest award ingovernmentfinancial reporting.
-
-
Executive Director
~tCM
Dale
November 30, 1998
.
.
.
.
.
~
1301 PennsylvanlaAV8Ilue, N.W.
W88hlnglon, D.C.
2OOG4
(202) 626-3000
FAX: (202) 626-30043
Office,..
NatIonal
League
of
Cities
~t
Brian J. O'Neill
Councilman, Philadelphia, Pennsylvania
November, 1998
Fbt Vie>> Prnldt1flt
Clarence Anthony
Mayor, SouIh Bay, Florida
S<<:ond VIce PrnlHnt
Bob Knight
Mayor, Wichita, Kansas
Immtldlllllt Put PrnlHnt
Mark Schwar1z
Council Member, Oklahoma City, Oklahoma
Executive Director
Donald J. Borul
Dear Mayor:
Ensuring the fairest and most accurate possible census is an important priority to the National
League of Cities, and to every city and town in America.
F or that reason, I am pleased to enclose our new NLC reference guide to help you, your staff,
and your city prepare for the 2000 Census. We prepared this booklet to ensure that the key
information you need to protect your city in this process is available in a timely manner.
We hope that you will find. this guide both informative and helpful in yourefforts to obtain the
most accurate count possible, as well as for answering questions from constituents.
Please share this resource with your councilmembers and do not hesitate to contact our staff in
Washington, D.C. if we can be of further assistance, if you have any questions, or wish to obtain
further information.
Sincerely,
~/Hwe--
Brian 1. O~il~ I-
President
Councilman, Philadelphia, Pennsylvania
Enclosure
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,1:ENSUS
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NATIONAL LEAGUE OF CITIES
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Dear Municipal Offici,!}:
The once-per.decade Census, as required by the U.S.
Constitution, will be taken on April 1 of the year 2000.
The Census remains as important to allocating political
power as it was when the Constitution was adopted.
In fact, following Supreme Court cases on the principle
of one person - one vote, the Census may be even
more important. Now, besides determining how many
Representatives your state will have in Congress, it
goes a long way in determining how your state legisla-
ture is districted and how voting zones in your city
must be drawn.
.
Information from the Census is also important to local
officials because it helps you learn where critical munici-
pal facilities like schools and roads should be placed, as
well as showing you where people live. The Census is
also crucial in determining how much money cities
receive through various federal and state programs.
There are many challenges facing Census 2000 to
assure that the fairest and most accurate population
count is achieved. This booklet is designed to help local
government officials prepare for the year 2000 Census.
While the administration of the Census is clearly a
Federal government responsibility, there are a few
areas in which it is critical that cities be involved.
These areas are: address list improvement, boundary
and annexation surveys, and local publicity efforts,
including the formation of local Complete Count
Committees in order to reinforce a national paid adver-
tising campaign planned by the Census Bureau.
I hope this booklet will help you achieve a complete
and accurate count in your community.
Sincerely,
Brian J. O'Neill
President, National League of Cities
Councilman, Philadelphia
.
~
Q. Do WE KNOW HOW
THE YEAR 2000 CEN-
SUS WILL BE TAKEN?
A. No, not exactly.
Despite ongoing litigation and policy disputes, many
aspects of the Census will proceed in the same manner
as always, regardless of the methodology selected. Cities
should not hesitate in getting involved now to ensure
that their city is counted as accurately as possible. In
fact, the current uncertainty about Census administra-
tion makes active involvement by your city even more
important than in the past. To paraphrase Benjamin
Franklin, 'The Census will help those cities that help
themselves. "
The Census Bureau had been proceeding with plans to
conduct the 2000 Census using statistical sampling
techniques to compensate for non-response to the
Census and account for the almost impossible and
expensive-to-count "final 10 percent." The use of sam-
pling was intended to address the persistent problem
of "differential undercount" - the long-term problem of
undercounting different groups within the population
by different amounts.
The U.S. House of Representatives and private parties
filed lawsuits contending that federal law and the U.S.
Constitutiqn prohibit the use of methods other than an
actual headcount to take the Census. Lower courts have
ruled that a federal statute prohibits any use of sam-
pling in producing the counts used to proportionately
allocate the fixed number of U.S. Representatives
between states. The courts have not addressed the
Constitutional claims. The issue has been appealed and
the U.S. Supreme Court will issue a ruling on this ques-
tion no later than June 15, 1999.
Thus, the Census Bureau has been proceeding on what
is called a "dual track" program. This means it has been
preparing to conduct the 2000 Census using traditional
Q.
THEN WHAT TASKS
CAN WE MOVE
FORWARD ON?
.
Q. How DO I ENSURE THAT
THE CENSUS BUREAU
HAS AN ACCURATE
MAILING LIST OF ALL
THE RESIDENTIAL LOCA-
TIONS IN MY CITY?
methods of enumeration as well as preparing to use
statistical sampling methods to supplement actual
counts in the event the U.S. Supreme Court rules that
statistical sampling can be used.
A.
The tasks fall into three basic categories:
A. Under federal legislation passed in 1994, cities
which agreed to keep the information confiden-
tial can directly check the Census Bureau's
address list by using local information. This
process began when the Bureau mailed out an
invitation to approximately 17,000 governments.
About 10,4?O of these jurisdictions expressed
interest in participating. Of those expressing
interest, ;ome 8,500 governments have complet-
ed the required confidentiality agreements.
The Census Bureau is now (late 1998) in the midst of
distributing the maps and lists required to check theie
initial address lists.
I. Make sure the Census Bureau has an accurate mail-
ing list of all the residential addresses in your city.
This list is used to mail out the Census survey. The
Census is taken on a "mail-out/mail-back" basis,
The Census Bureau has not attempted to knock on
doors and visit everybody since 1960.
II. Make sure the Census Bureau has an accurate
record of your city's boundaries so that all your
city's territory is counted as being in your city.
Ill. Promote local completion of Census surveys
through publicity and outreach, potentially includ-
ing formation of a local Complete Count Committee.
Following a review of address lists and additional input
from Census Bureau personnel, the Bureau plans to
provide cities with another list, reconcile the lists, and
then provide for an appeal to the federal Office of
Management and Budget if there are disagreements.
Because this is the first time such a massive and
detailed communication between the Census Bureau
and cities has been attempted, the exact process and
deadlines are in flux. The best current advice is to con.
tact the Geography Division in your regional census
office and get the latest on. time schedules and proce-
dures from them.
To find what regional office covers your city. access
the Internet at http://www.census,gov/field/wwwl. For
more detailed address list information log onto
http://www.census.gov/geo/www/lucal or call toll-free
(888) 688-6948.
.
of
..
.
.
Q. How IMPORTANT IS THE BOUNDARY
AND ANNEXATION SURVEY TO CITIES?
A.
By definition. the Boundary and Annexation
survey is designed to collect accurate informa-
tion about the boundaries of cities and towns.
This survey is of critical importance to cities
because responding to it will help ensure that
your city gets credit for all residents that live
within your city limits. The next two annual
surveys are particularly critical because they
lead up to the 2000 census. The Census Bureau
will not correct for boundaries that were not
filed on a timely schedule.
}
)
BACKGROUND
The Census Bureau annually mails out a Boundary and
Annexation Survey to either: (I) the city official who
responded to the previous year's Boundary and
Annexation surveyor (z) the chief elected official of
the city.
The survey asks the city to report all boundary changes
which have become final in the preceding calendar year.
It is critical that cities carefully check the boundaries on
the map which will be provided with the survey when it
is mailed out early in 1999. Before the Census Bureau is
completely inundated with responses, make sure that
your city's boundaries, as of December 31, 1998, are com-
pletely accurate and reflected consistently both in
J
Census Bureau records and with the state agency with
whom you file annexations. You want to ensure that the
base map is completely accurate so that all you have to
be concemedwith in early 2000 are changes that have
occurred during one year.
The Census Bureau has issued regulations declaring
that all annexations in effect on January I, 2000 and
reported to the Bureau no later than March I, 2000
will be recognized in the year 2000 census. While the
Boundary and Annexation Survey mailed out early in
2000 should allow for complying with this legal sched.
ule, all annexations .that occur from january I, 1999
through january I, 2000, may be filed directly with:
BUREAU OF THE CENSUS
Ann: Geography Division- BAS Unit
1201 E. loth Street
jeffersonville, Indiana 47132-0001
CENSUSCONT ACT:
Nancy Goodman
phone (301) 457-1099 or
e-mail: nancy. goodmanwquickmail. geo.census. gov
~
Q.
How CAN CITIES PRO-
MOTE GOOD RESPONSE
TO THE 2000 CENSUS?
A.
Through outreach and advertising efforts on the
local level. It's no secret that greater awareness
about the Census will increase the likelihood of
response. By repeating a consistent message
and by the use of numerous and varied sources,
you can encourage a more positive response by
your community to the Census. There are sever-
al ways to promote the 2000 Census.
If greater Census participation is the goal, a good
advertising and outreach effort is needed at the local
government level to supplement what is being done at
the federal level. This is necessary because associating
known entities (such as local government officials and
local personality figures) will spur greater interest in
the Census, rather than the more generic advertising at
the federal level.
An inexpensive, yet potentially effective, way to intro-
duce the Census to the citizens of your city is through
the use of newspaper articles written from both a
"news" perspective and from a "human interest" slant.
These articles can be an important educational tool
which can reach a vast number of people. Another
idea is to recruit local personalities to do a short radio
or 1V spot to reach people who may not read the
paper. The possibilities for educating your citizens
about the importance of the Census are limited only by
your imagination!
At the federal level, the private advertising firm of
Young and Rubicam (YOR) has been retained to conduct
a campaign to promote the 2000 Census. With a budget
of $70 million, YiJR will launch its ad campaign across all
audiences between February and May, 2000. Currently,
YiJR's advertising efforts are in the formative stages.
The Census Bureau Marketing Department can be
reached at (301) 457-2988.
.
Q. How CAN A LOCAL
COMPLETE COUNT
COMMITTEE (CCC)
HELP PUBLICIZE THE
CENSUS, AND HOW
DO LOCAL JURISDIC-
TIONS GO ABOUT
ORGANIZING ONE?
A. While cities use a variety of methods to encour-
age response to the Census, one frequently used
method has been a CCc. Cities are not required
to have Complete Count Committees, but, if done
well, this type of committee can be a useful
mechanism to focus efforts and to create com-
munity involvement.
I
!
i
I
I
...
The goal of a CCC is to make everyone in the communi-
ty aware of Census 200. 0 and to help motivate respons.e
to the Census at the local level. The Census Bureau
recommends that the CCC be made up of well-respect-
ed and influential leaders and "gatekeepers" from all
segments of the community, such as business, labor,
local government homeless, religious and educational
organizations, neighborhood associations, and ethnic
and minority organizations. Obviously, only those indi-
viduals willing to invest enough time and energy to
serve on this committee should be appointed.
. The recommended period of service is between April,
1998 and June, 2000. The local government partner-
ship specialist in your regional Census office can pro-
vide you a suggested timeline and method of organiza-
tion for a complete count committee.
To locate your Census Bureau regional office and part-
nership specialist. access the Internet at
http://www.census.gov/field/www/.
.
.
.
.
Approximate Time Address List Boundary and Complete Count Publicity and
Frame Improvement Annexation Survey Committee (CCC) Outreach
-~-~----~---_.-...._-- -.-..-...- --------
Fourth Quarter 1998 Initial data being distributed to Cities confirm that all boundary records Committee formed Committee formed
cities that have signed up are in order
~- ---_._-----",.._-_._.._---~--- --..----- _.un
First Quarter 1999 Census begins to verify Report Boundary changes by Meetings Begin planning, probably in
addresses - begins providing March I, 1999 conjunction with CCC
data to cities
-- -.-------.--.--------..-,
Second Quarter 1999 Verification and reconciliation Consider reporting very significant Meetings
of addresses continues annexations from 1-1-99. Forward direct-
ly to Census Bureau as they occur
~------, ---~- --~_._._"._----_..__..__._---_.
Third Quarter 1999 August 31, 1999 - all address Meetings u outreach Continue planning and
reconciliation complete design work
-"--~"-----~ -~ --"--'-'-- -- - - ----.-.--..----.,--,.. .-- ..,-_._--
Fourth Quarter 1999 Appeals by jurisdictions , Organizing u Outreach
First Quarter 2000 January 14, 2000 - all address Report all city boundary changes Conduct promotional activities Do actual promotion,
appeals resolved finalized by January I, 2000. no later advertising, etc.
Census Mailed Out than March I, 2000
---_._---~--- ----~-~- -.---.------..------.---.
Second Quarter 2000 Conduct activities aimed at
Census Day
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BROWN'S CREEK
WATERSHED DISTRICT
I
Mallin, AddrnalTKJuUcaJ Advhor:
~ecdnp:
80arII ot ~_ccrs
c/o W.w.ington Soil and Watr:r Conservation Di:llriu
182j CurveCre:st Boulcvard. Suile 101
Stillwatc:r. MN ,j082
6:30 p.m.. 2nd & 4th Monday of the Maltb
at Washington Soil and Water Coosavation
Di!ltric1 office.
Craig Leiser. President
KMcn Kilbcrg. Vice-President
Edward Gordon. Trea.~n:r
Jon Midlc:b, Sccn:tary
Danid Pocter
LOCATION:
County Board Room
Washington Co. Government
14900 61st Street, North
2. Approval of Minutes from Nov. 23, 1998 Meeting (Michels) S till wa t e r, MN
3. Introduction of Board Members, Legal Counsel, Engineering Support, Recording Secretary, Facilitator
4. History ofBCWD up to establishment on Oct. 22, 1997 (Leiser)
5. Objectives of the BCWD Board of Managers and the District for 1998 (All)
A. Alleviate flooding on personal and governmental property as and where identified in the district
B. Protect all the environmental resources of the district, land, water, wildlife, and vegetative
C. Maintain and enhance the trout habitat of Brown's Creek .
D. Provide a structure cmd control fot reasonabledevelopment, particularly in the Stillwater Annexation area
E. Develop and implement a next generation watershed management plan to interrace with all agencies
F. Identify and apply for applicable ~ciaI. assistmce from state and federal agencies
6. Significant Accomplishments from 1?98~ctivities .
A. Administrative development (Leiser)
B. Citizen's Advisory Council (potter)
C. Rules development (Kilberg, Smith)
D. Hydraulic and Hydrologic Study (Leiser, Emmons)
E. Fisheries and habitat (Michels, DNR)
F. Trout Habitat Protection Program, LCMR (Michels, DeMars)
G. Budgetary development and assistance grants (Gordon)
H. Washingtcn County Water Governance Study (Leiser)
I. City of Stillwater AUAR Annexation development (Leiser, Michels)
1. DNR Flood Damage Reliefproject (Gordon)
K. Water monitoring results (Doneux)
1998 Annual Meetin2
Dec. 14, 1998
1. Call Meeting to Order @ 6:30 PM
Cent,
.
7. Specific Expectations for 1999 (All)
A. Adoption of the Rules and implementation by and through appropriate agencies
B. Development of the 2Ad Generati~ Plan through circulating DRAFT for comment
C. Completion of the Trout Habitat Protection Plan (Goggins/School Section Lake area)
D. Completion of the Kismet Basin stabiliZatiOn project (Approved by BWSR as CIP Amendment)
E. Continue to improve inter-agency cooperative processes .
F. Implement the final recommendations of the Washington County Water Govemance Study
G. Utilize the results of the H & H study to facilitate any and all development plans in the district
8. Questions from the Audience
9. Adjournment
.
. : ~
i
.
Minutes of Meeting
Brown's Creek Watershed District
October 26, 1998 ..
Approved
In Attendance:
BCWD Board of Managers
Craig Leiser
Ned Gordon
Dan Potter
Jon Michels
Karen Kilberg
Others
Louis Smith of Smith Parker, BCWD Legal Counsel
Cecilio OliVier, Tony DeMars, and Stuart Grubb of Emmons& Olivier Resources
David Truax, Citizens Advisory Council
Rocky and Collie Hoffman, citizens
Molly Shodeen, MNDNR
Jerry Turnquist, City Council Member - Oak Park Heights
Paul Nelson, Montgomery Watson
Kim Reeves, Recording Secretary
.
The meeting was called to order at 6:37 p.m. by Craig Leiser.
Aooroval of Minutes of 10/12/98: A motion to approve the Minutes of the
10/12/98 meeting was made by Jon Michels and seconded by Ned Gordon. The
motion passed unanimously.
3. Treasurer's Reoort - Ned Gordon:
1.
2.
lD Review of payables. A motion that all items be paid as presented was
made by Ned Gordon and seconded by Jon Michels. The motion passed
unanimously.
. Budget analysis distributed by Ned Gordon. Detailed discussion tabled
until next meeting.
4. HMGP Grant - Craig Leiser:
. The Hoffmans are planning to go ahead with the grant request.
5. Engineering Firm Selection Process - Craig Leiser:
. RFP was sent out on October 14, 1998.
. Screening process to review written proposals to be developed by the
Board.
.
Presentations to be made at the November 23,1988 meeting.
Proposals to be received by the Board no later than November 4, 1998.
Discussion of eight items listed.
.
.
.
6. H&H Studv - Cecelio Olivier:
. Report to be completed by next week. Ready for formal review at the next
Board meeting. . . .
7. LCMR Proiect Review - Tony DeMars:
. Discussion of project overview.
. Project recommendations presented.
. A motion that the feasibility report be accepted and that both property
owners involved be contacted by whatever means possible was made by
Ned Gordon and seconded by Dan Potter. The motion passed
unanimously.
. Lewis Smith to draft a letter to the Luecks.
. Jon Michels and Tony DeMars to contact Keith DeWolf to discuss report
and any concerns he may have.
. Emmons and Olivier to schedule meetings with all permitting agencies.
. Public information meeting to be scheduled at Withrow School (if possible)
in order to inform the public of options and take questions and comments.
. Karen Kilberg to deliver copies of the report to Hugo and May townships.
Emmons and Olivier to provide extra copies to Mark Doneux for
distribution.
.
Kudos to Emmons and Olivier for an excellent report.
.
8. Rule Distribution Process - Lewis Smith:
. Rules are ready to be distributed.
. Buffer zone language to be changed.
9. Communications - Craig Leiser:
. Proposed developments, three in Grant and one in Oak Park Heights, to be
included in packet for next meeting.
. BCWD will share the cost of sending Mark Doneux to MAWD in Alexandria.
A motion to split the cost with SWCD in order for Mark Doneux to attend the
MAWD meeting in Alexandria was made by Jon Michels and seconded by
Ned Gordon. The motion passed unanimously.
o Public hearing and annual meeting to be held on December 14. 30 day
advance notice of annual meeting is necessary. A motion to schedule the
meeting was made by Dan Potter and seconded by Jon Michels. The motion
passed unanimously.
o A public hearing must be held on Rules. A motion to schedule a public
hearing on the Rules for November 23. 1998 was made by Ned Gordon and .
seconded by Dan Potter. The motion passed unanimously.
"
. 10. New Business - Craig Leiser:
. Jon Michels to check into the cost of having sign age prepared with the
statement: "You are now entering the Brown's Creek Watershed District."
11. Adiournment - A motion to adjourn the regular meeting at 10:34 p.m. was made
by Ned Gordon and seconded by Jon Michels. The motion passed unanimously.
The regular meeting was adjoumed to an executive session to discuss
12. Executive Session - Executive Session called to order at 11 :05 p.m.; Discussion
ensued on purchase of the Rice property. A motion to formulate an offer to
purchase the Rice property for $193,750, less the cost to restore the property to
predevelopment condition (which costs shall be determined), was made by Ned
Gordon and seconded by Dan Potter. The motion was amended to state: such
an offer shall be made by the Brown's Creek Watershed District Board for its
concern for the health and safety of citizens in the watershed. The motion
passed unanimously. Louis Smith is to draft a letter of proposal. The Executive
committee meeting adjourned at 11 :40 p.m.
Respectfully submitted by:
.
.
, n
J.
Approved I'
.
Minutes of Meeting
Brown's Creek Watershed District
November 9, 1998 ..
In Attendance:
BCWD Board of Managers
Craig Leiser
Ned Gordon
Dan Potter
Jon Michels
Others
Louis Smith of Smith Parker, BCWD Legal Counsel
Cecilio Olivier, Tony DeMars, Brett Emmons, Stuart Grubb, and Camilla Correll of
Emmons & Olivier Resources
John Gulliver
Mark Doneux and Konrad Koosman, BWSR
Jerry Turnquist, City Council Member - Oak Park Heights
Anders Rasmussen, HDR Engineering
Jyneen Thatcher, CAC
Paul Nelson, Montgomery Watson
Julie Westerlund, MNDNR
Kim Reeves, Recording Secretary
1. The meeting was called to order at 6,:35 p.m. by Craig Leiser.
.
,
2. Approval of Minutes of 10/26/98: Tabled until information is provided to Kim
Reeves by Jon Michels and Ned Gordon.
3. Treasurer's Report - Ned Gordon:
G A motion to table the budget analysis was made by Ned Gordon and
seconded by Jon Michels. The motion carried 3/0 in the absence of Dan
Potter and Karen Kilberg.
4. H&H Study - Emmons and Olivier:
. Presentation of final report.
o Thermal report by Professor John Gulliver
5. Status Review of LCMR Proiect: - Tony DeMars:
CI Continuation of talks with DeWolfs.
.
A motion that authorization for Emmons & Olivier to proceed with work
order # 6 was made by Jon Michels and seconded by Ned Gordon. The
motion passed 4/0 (in the absence of Karen Kilberg).
Presentation of project to CAC. Tony DeMars to attend with Jon Michels .
standing in for Dan Potter
o
.
.
.
Selection of Finalists - Engineering RFP - Board Members:
. Review of scoring for engineering RFPs. :Three finalists are: Barr
Engineering, Emmons & Olivier, and Montgomery Watson.
. Presentations to be made at the November 23 meeting in the following
order: #1 Montgomery Watson, #2 Emmons and Olivier, and #3 Barr
Engineering.
Pending Developments - Mark Doneux:
. Senior Life Community Center:
. Bear Farm
. Steeplechase
8. Watershed Plan Amendments - Craig Leiser
. A motion to incorporate the BWSR plan amendments into the BCWD plan
was made by Jon Michels and seconded by Ned Gordon. The motion
passed 4/0 (in the absence of Karen Kilberg).
9. Rules Distribution Process - Louis Smith:
6.
7.
. Cover letter and notice of hearing for meeting on November 23, 1998.
. Statement of Needs and Reasonableness completed. Storm water
management and Buffer Zones are the most comprehensive. Work order
#5 relating to technical support on BCWD Rules development - held in
abeyance for future meeting. A motion will wait for Karen Kilberg's
attendance.
10. Adioumment A motion to adjourn the regular meeting at 10:34 p.m. was made
by Ned Gordon and seconded by Jon Michels. The motion passed 4/0 (in the
absence of Karen Kilberg).
Respectfully submitted by:
~ ~~l~J
Kim eeves
Recording Secretary
WASHINGTON COUNTY
1.
2.
3.
9:00
A
"T.
5. 10:10
6.
7.
8. 10:25
9. 10:35
to
11:05
'10: 11:05
to
12:05
11. 12:05
12. 12:50
to
2:35
COUNTY BOARD AGENDA
DECEMBER 15, 1998, 9:00 A.M.
9:00
Roll Call
Dennis C. Hegberg
District 1/Chair
Mary Hauser .
District 2
Wally Abrahamson
District 3
Myra Peterson
District 4
Dick Stafford
District 5
Consent Calendar
Health, Environment and Land Management Department - M. McGlothlin, Director
A. Information Regarding the Minnesota Tobacco lawsuit Settlement
B. Bond Refinancing of Ramsey /Washington Resource Recovery Project Bonds
General Administration - J. Schug, County Administrator
A. Consider Offer-of a Gift of an Oil Painting' from the Lakeview Hospital
B. 1999 County Budget and Tax Levies for 1999
C. 1999 Salaries for Elected County Officers
D. .1999 Salary for County Administrator
E. 1999 County Commissioners' Salaries and Expense Reimbursem~nt
Discussion from the Audience
9:30
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 10 prepare responses 10 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 lime shall be used by the Commissioners 10 reporllo 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 10 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 Surveyor's Office
Information on Two Foot Contours for Washington County
Board Workshop with Health, Environment and Land Management Department
A. Proposed Changes to the Public Health Advisory Committee, Solid Waste Advisory
Committee and the EMS Council
B. Review of Solid Waste Master Plan and Negotiated Outcomes for Washington County
Lunch
Board Workshop with Office of Administration
. .' .
A. Review Preliminary Legislative Agenda
B. Report on the Strategic Planning Committee for Space and Facilities
***MEETING NOTICES LISTED ON BACK SIDE***
Assistive listening devices ere available for use in the Count'l Board Room
If 'Lou need assistance due to disability or languege bBrrierrPleese cell 430-6000 (TOO 439-32201
EQUAL EMPLOYMENT OPPORTUNITY I AFF RMATIVF A(",TI(")N I=MPI (")VI=Q
.
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
DECEMBER 15, 1998
.
The following items are presented for Board approval/adoption:
DEPARTMENTIAGENCY
ITEM
Administration
A. Approval ofleave of absence for Douglas H. Johnson, Assistant County Attorney
B. Approval to appoint Barbara Swanson, Forest Lake Township, to the Communi!)
Social Services Advisory Committee, to fill an unexpired term to December 31
2000.
C. Approval to appoint Richard A. Ulrich, Stillwater, to the Planning Advisor;
Commission to a first term beginning January 1, 1999 through December 31, 2001
D. Approval to set public hearing on the 1999-2003 Capital Improvement Plan fo
January 5, 1999 at 5:00 p.m.
E. Approval of resolutions recognizing outgoing local elected officials.
Health, Environment and
Land Management
F. Approval of abatement applications for homestead classification.
G. Approval of conversion of a pilot project for collection of hazardous waste from
small businesses in Washington County to a permanent program.
H. Approval for the Director of Public Health and Environment to sign a contract witJ
the Metropolitan Area Agency on Aging for a Title III-F grant of $37,500 to fun(
a fall prevention project in Washington County and approve the budget amendment
I. Approval of amendment with Advanced Environmental Technical Services (AETS
for a three month extension to the Household Hazardous Waste Managemen
Services Agreement and authorize execution of the amendment.
Auditor-Treasurer
.
Public Works
Approval of resolution, fmal payment to Earl F. Anderson, Inc. in the amount 0
$4,619.57 for installation of two play structures at St. Croix BluffsRegional Park
K. Approval of resolution, bid award for the 1999 fuel supply to Kath Bros. Fuel0i
Co. And Rollins Oil Co. As t.lJ.e lowest responsible bidders conditioned upon th(
execution of a contract as approved by law.
J.
*Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners
may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
*************************************************************************
MEETING NOTICES
Date
Committee
Time
Location
December 15
.ecember 16
ecember 16
December 16
December 16
December 17
December 17
December 17
December 17
Public Health Advisory Committee
Met. LRT Joint Powers Board
Mosquito Control Commission
Plat Commission
Transportation Advisory Board
Community Corrections
Workforce Council
MELSA
Parks & Open Space
5:30 p.m.
8:30a.m.
9:00 a.m.
9:30 a.m.
2:00 p.m.
7:30 a.m.
8:00 a.m.
12:00 p.m.
7:00p.m.
Washington County Government Center
AMC - 125 Charles Avenue - St. Paul
2099 University Ave. W. - St. Paul
Washington County Government Center
230 E. 5th St. - Mears Park Centre
Lake Elmo Inn - Lake Elmo
Washington County Government Center
570 Asbury St., Suite 201 - St. Paul
St. Croix Bluffs Regional Park
.: ,:I
December 15, 1998
DEVELOPMENT CONTRACT
BETWEEN THE
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AND
TRAIL HEAD LAND DEVELOPMENT CORPORATION
FOR THE SUBDIVISION OF CREEKSIDE CROSSING
iSF"iJ:'~ '
:)',\,i
, ,o/"<f
This agreement was 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
CLc.- I ;)/1)- / '1 tf"
~
DEVELOPMENT CONTRACT
THIS AGREEMENT, made this 15th day of December, 1998, between the City of
Stillwater, a political subdivision of the State of Minnesota, ("City"), and Trail Head Land
Development Corporation, a Minnesota Corporation, ("Developer");
WITNESSETH THAT, the parties hereto recite and agree as follows:
Section 1. Recitals.
1.01. The Property. The Developer is the owner ofthe Property described in the
proposed plat of Creekside Crossing Addition to the City.
1.02. Subdivision. The Developer has made application to the City under the City
zoning ordinance and its subdivision ordinance to develop the property into nineteen (19)
residential building lots. The Planning Commission and the City Council have reviewed
the application in accordance with Minnesota Law and City ordinances. The City has
agreed to approve the plat and to accept Deeds of Dedication of the public facilities
within the plat, subject to full performance by the Developer of all its obligations
contained in this agreement. A copy ofthe Preliminary Plat is attached as Exhibit "A".
1.03. Public Improvements. The Developer has requested that, at its expense, it be
allowed to construct the public streets and utilities lying within the property, and the
storm waste facilities described on the proposed plat and any improvements necessary to
serve the Project ("Public Improvements"). The City is willing to allow the Developer to
construct and install the Public Improvements, only if the conditions set forth in this
Agreement are satisfied.
1.04. Public Improvements; Plans, Specifications. The City agrees to authorize the
City Engineer to review and approve the plans and specifications for the Public
Improvements. The specifications must be both to City standards, MNDOT standards for
street construction and the rules and regulations of the Board of Water Commissioners.
Approval by the City Engineer of the plans and specifications for the Public
Improvements is a condition of this Agreement. A description of the public
improvements and estimates of costs is attached as Exhibit "B".
1.05. Public Improvements. Warranty. Developer agrees that the work will be done in
a workmanlike manner; that all materials and labor will be in strict conformity to the
specifications and any requirements set forth by the City in their plat approval. All work
done pursuant to this contract is subject to the inspection and approval of the City
Engineer, who shall have the authority to suspend or stop work on the project if any
condition of this contract is breached or any law or administrative rule is violated.
1
If any material or labor that is supplied is rejected by the City Engineer as defective or
unsuitable, then the rejected materials must be removed and replaced with approved
material, and the rejected labor shall be done anew to the satisfaction and approval of the
City Engineer at the sole cost and expense ofthe Developer. This warranty will extend
for one year beyond the acceptance date of the Public Improvements.
1.06. Public Improvement Schedule. The Developer further agrees that it will
commen~e work on the improvement on or before May 1, 1999, and will have all work
done and the improvements fully completed to the satisfaction and approval of the City
on or before November 1,2000. The Developer will be excused from the strict
completion date if written notice is received from the Developer of the existence of
causes over which the Developer has no control, which will delay the completion of the
work. In that event, the City may extend the completion date.
Section 2. Developer's Representations. The Developer represents to the City that as
of the date of this Agreement, the statements set forth in this section are true.
2.01. No Disability. The Developer knows of no legal disability that would prevent it
from carrying out this Agreement.
2.02. Ownership. The Developer has a sufficient interest in the property to carry out
this agreement
2.03. Execution No Violation. The execution, delivery and performance of this
Agreement does not and will not result in any breach of, or constitute a default under, any
indenture, mortgage, contract, agreement or instrument to which the Developer is a party
or by which it or the property is bound.
2.04. Litigation. There are no pending or, to the knowledge of the Developer,
threatened actions or proceedings before any court or administrative agency which will
materially adversely affect the financial condition, business or operation of the Developer
or the ability of the Developer to perform its obligations under this Agreement.
2.05. Compliance. The Developer will comply with and promptly perform all of its
obligations under this Agreement and all related documents and instruments.
Section 3. Security.
3.01. Consultant Fees and Charges. The Developer will pay to the City when due, all
consultant fees incurred by the City in behalf of or at the request of the Developer,
including the costs of engineering, legal and testing services, and reasonable
administrative expenses associated with the public improvements and related
development activities. An estimate of the expenses shall be made available by the City
to the Developer if requested in writing by the Developer.
2
..
3.02. Trunk Hook-up Charges. The Developer must pay to the City the following
trunk charges with respect to Annexation Area trunk improvements:
Trunk Sanitary Sewer
Storm Sewer
Trunk Water
$ 3,540.00 per acre
4,201.00 per acre
2,425.00 per acre
$10,166.00 per acre
The total trunk charges for the thirteen (13) developable acres within the plat is (13 x
$10,166.00) one hundred thirty-two thousand one hundred fifty-eight and no/lOa dollars
($132,158.00).
The total Sanitary Sewer Trunk Charge in the amount of $46,020 must be paid to
the City before recovery ofthe approved Plat. Payment of the Water Trunk Charge of
$31,525.00 and the Trunk Storm Sewer Charge of $54,613 will be deferred until
December 31, 1999 provided that before recovery of the approved Plat the Developer
provides security for the payment of the charges by Letter of Credit in the amount of
$86,138.00. The Letter of Credit must be in a form attached as Exhibit "C" and drawn
upon an entity previously approved by the City Attorney and must provide that if the
Deferred Trunk Charges are not paid in full by December 31, 1999, the City may draw
upon the credit for the full amount of the unpaid Deferred Trunk Charges then due. The
letter must extend at least sixty (60) days beyond December 31, 1999.
3.03. Other Hook-up Charges. Any other applicable hook-up charges such as the
Metropolitan SAC charge and Water Board WAC charge will be due when building
permits are requested for each building lot. In the year 1998 the applicable SAC charge
is nine hundred fifty and no/lOa dollars ($950.00) per hook-up and the WAC charge is
one thousand and no/lOa dollars ($1,000.00) per hook-up.
3.04. Public Improvement Costs Letter of Credit. Prior to beginning work, Developer
must furnish to the City a Letter of Credit issued by an entity previously approved by the
City Attorney in the form attached as Exhibit "C" which will guarantee payment ofthe
cost of Public' Improvements and performance of the Developer's obligation contained in
this Agreement at a cost of no less than $473,414.37. At least thirty (30) days prior to the
expiration of any Letter of Credit provided under this Section Developer shall provide the
City with a replacement Letter of Credit which must extend at least one year beyond the
expiration date of the Letter of Credit then in effect or, if earlier, until a date which is
sixty (60) days beyond the contractor's written estimated date for completion of the
Public Improvements, or Developer will be in default hereunder with no opportunity to
cure and the City may immediately draw upon the Letter of Credit then in effect.
Developer may at any time secure a reduction of the face amount of any Letter of Credit
then in effect by an amount equal to the amount which it has disbursed to any contractor
3
~
for construction of the Public Improvements, except that at least 25% of the Letter of
Credit must remain available to the City for a period of one year beyond the acceptance
date of the Public Improvements and ten percent (10%) of the Letter of Credit must
remain available during the period that the Developer is responsible for erosion control
and storm water control as required by S4.04 and S4.05 of this Agreement. Any letter of
credit provided under this Section must permit the City to draw upon it for the full face
amount thereof, as reduced from time to time as provided herein, upon 10 days' written
notice to the Developer of its opportunity to cure, or immediately in the event Developer
fails to comply with any obligation stated in this Section with respect to replacement
Letters of Credit.
Section 4. Developer's Undertakings.
4.01. Easements. The Developer must furnish to the City upon request and without
charge, all permanent easements as designated in the plat and the plans and
specifications, and deeds to property deemed necessary by the City for the location,
construction, installation and operation of the Public Improvements to be constructed on
the Property, in form and content satisfactory to the City.
4.02. Inspection. The Developer, through its Engineer, must provide all staking,
surveying and, if required by the City Engineer, provide full-time resident inspection for
the improvements in order to insure that the complete improvements conform to the
approved plans and specifications. The City will provide for general and final inspection
and must be notified of all tests to be performed.
4.03. Park Dedication. The Developer must, as a condition of this Agreement, comply
with the Park Dedication requirement of the City plat approval process and execute deeds
of conveyance or easements as necessary to fulfill park dedication requirements and
restrictive covenants that will protect open space buffers and natural creek buffers from
development or degradation.
The park dedication requirements are determined to be park dedication option "A": a
neighborhood park of .65 acres, a Brown's Creek Conservation and Open Space
dedication of 4.01 acres and a Trailway dedication of .55 acres.
The eighty (8) foot nature trail must be constructed by the Developer from Boutwell Road
on the south to the north property line of the Developer, however, the Developer's costs
for this work will be limited to four thousand two hundred seventy-five and no/lOO
dollars ($4,275.00).
Further, any required Developer improvements of the neighborhood park within the plat
must be coordinated with the Stillwater Parks Board, and must be constructed by the
Developer according to the agreement made by Developer and the Community
Development Director.
4
The Developer must also dedicate a twenty (20) foot wide trail access easement on the
property line between lots 1 and 2.
4.04. Erosion Control Measures During Construction. Developer agrees that it will
construct erosion control devices in conformance with the approved Construction Plans
for the Public Improvements. This plan must protect the adjacent pond and wetlands
from erosion, pollution and siltation during the construction of the Public Improvements
and must be approved by the Stillwater City Engineer.
4.05. Erosion Control Plan. Storm Water Improvements. Developer agrees to submit
to the City an erosion control plan that will protect the storm water facilities within the
plat and adjacent ponds and wetlands from erosion, pollution and siltation during the time
that the Developer or its successors and assigns are constructing buildings on the lots
included in the plat. The Developer must be responsible to carry out this plan for five (5)
years, after the date of this agreement. The plan must incorporate all applicable
mitigation measures set forth in the AUAR Mitigation Plan adopted by the City for the
Annexation Area.
4.06. City Regulations. Developer acknowledges that the property is regulated by the
City of Stillwater and that a default under City ordinances or condition of approval of any
permit is a default as defined in this agreement. Any conditions of approval imposed by
the City Council as part of Subdivision Application No: SUB/96.31 are made conditions
of this agreement, including:
(a) A five (5) foot wide sidewalk or bituminous recreational trial must be
constructed along one side of all streets built in the Subdivision.
(b) A landscape tree planting plan must be submitted, reviewed and approved by
the Community Development Director before the final plat is recorded. The
Landscape Plan must incorporate native plantings as recommended by City staff.
(c) A Site Drainage Plan must be prepared and approved by the City Engineer
before final plat approval. The Plan must include the establishment of a twenty-
five (25) foot natural buffer area around all wetlands and title to this property
must be encumbered by a twenty-five (25) foot deed restriction requiring it to be
kept in a natural condition.
(d) A grading and erosion control plan must be approved before building permits
are issued and site grading conducted.
(e) A national pollution discharge elimination system general storm water permit
for construction activity must be obtained from the MPCA before site grading
begins.
5
(t) Lots 7 and 8 are subject to further review at the time building plans are
submitted to insure that the fifty (50) foot wetland buffer is maintained after
development.
(g) Upon completion ofthe work, the Developer must provide the City with "as
built" Mylar Plan Sheets and auto cadd computer files showing the sewer and
water service stub inverts and water stop boxes. The plans must show the
locations, elevations, length, sizes and makes of all sanitary sewer watermain,
storm sewer and street improvements as measured in the field during and after
construction.
(h) Developer agrees to allow access to City utilities by adjacent property in Neal
Meadows across the access strip that the Developer has platted between the
adjoining property and the City street upon payment to Developer by the
adjoining owner of the reasonable Developer cost attributable to each lot the
Developer must dedicate an adjacent access strip to the City for street and utility
purposes. Developer must also honor any written agreement made with adjacent
owners with regard to access to the City utilities.
4.07. Damage to City Facilities. The Developer will be responsible for any damage
caused to any City facilities or improvements including roads, storm water systems,
sewer and water facilities, by the Developer, its contractors, agents or employees and for
any repair or clean up costs or expenses incurred by the City in taking remedial action.
Section 5. Insurance.
5.01. Insurance. Developer will provide and maintain or cause to be maintained at all
times during the process of constructing the Public Improvements and, from time to time
at the request of the City, furnish the City with proof of payment of premiums on:
(a) Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner's Contractor's policy with limits
against bodily injury and property damage of not less than $1,000,000 for each
occurrence (to accomplish the above-required limits, an umbrella excess liability
policy may be used), and shall be endorsed to show the City as an additional
insured to the extent of its interest.
(b) Comprehensive general public liability insurance, including personal injury
liability for injuries to persons and/or property, including any injuries resulting
from the operation of automobiles or other motorized vehicles on or about the
Development Property, in the minimum amount for each occurrence of
$1,000,000, and shall be endorsed to show the City as an additional insured to the
6
extent of its interest.
(c) Workers' Compensation insurance respecting all employees of Developer in
amounts not less than the minimum required by statute.
Section 6. Indemnification.
6.01. Indemnification. Developer agrees to defend and hold the City, and its officials,
employees and agents, harmless against any and all claims, demands, lawsuits,
judgments, damages, penalties, costs and expenses, including reasonable attorney's fees,
arising out of actions or omissions by Developer, its employees and agents, in connection
with the Project.
6.02. Enforcement by City: Damages. The Developer acknowledges the right of the
City to enforce the terms ofthis Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. The
Developer also acknowledges that its failure to perform any or all of its obligations under
this Agreement may result in substantial damages to the City; that in the event of default
by the Developer the City may commence legal action to.recover all damages, losses and
expenses sustained by the City; and that the expenses may include, but are not limited to,
the reasonable fees of legal counsel employed with respect to the enforcement of this
Agreement.
Section 7. Events of Default.
7.01. Events of Default Defined. The following will be "Events of Default" under this
Agreement and the term "Event of Default" will means, whenever it is used in this
Agreement, anyone or more of the following events:
(a) Subject to Unavoidable Delays, failure by Developer to commence and
complete construction of the Public Improvements pursuant to the terms,
conditions and limitations of this Agreement.
(b) Failure by Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement.
7.02. Remedies on Default. Whenever any Event of Default occurs, the City may take
anyone or more of the following actions:
(a) Suspend work on the project and its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City, that Developer
will cure its default and continue its performance under the Agreement.
7
(b) Take action, including legal or administrative action, as is necessary for the
City to secure performance of any provision of this Agreement or recover any
amounts due under this Agreement from Developer or under the Letter of Credit
described in S3.04.
(c) Undertake to complete the public improvements itself, through its agents or
through independent contractors and before the undertaking, draw upon the Letter
of Credit described in S3.04 for the full amount of the estimated work.
Section 8. Administrative Provisions.
8.01. Notices. All Notices, certificates or other communications required to be given to
the City and the Developer must be sufficiently given and will be deemed given when
delivered, or when deposited in the United States mail in registered form with postage
fully prepaid and addressed, as follows:
If to the City:
Nile Kriesel, Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
If to Developer:
George N. Nelson
President
Trail Head Land Development Corporation
514 Nicollet Mall
Suite 2340
Minneapolis, MN 55402
The City and the Developer, by notice given to the other, may designate different
addresses to which subsequent notices, certificates or other communications will be sent.
Section 9. Additional Provisions.
9.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any
of its provisions.
9.02. Counterparts. This Agreement is executed in any number of counterparts, each of
which will constitute one and the same instrument.
9.03. Modification. If Developer is requested by the Holder of a Mortgage or by a
prospective Holder of a prospective Mortgage to amend or supplement this Agreement in
any manner whatsoever, the City will, in good faith, consider the request, provided that
8
the request is consistent with the terms and conditions of this Agreement.
9.04. Law Governing. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
9.05. Severability. In the event any provision of this Agreement is held invalid or
unenforceable by any court of competent jurisdiction, holding will not invalidate or
render unenforceable any other provisions.
Section 10. Termination of Agreement.
10.01. Termination. This Agreement will terminate at the time all of the Developer's
obligations have been fulfilled and when the cost ofthe Public Improvements have been
paid in full and any default of the Developer has been cured.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its
corporate name by its duly authorized officers and sealed with its corporate seal; and the
Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above
written.
CITY OF STILLWATER
(SEAL)
By:
Jay L. Kimble, Its Mayor
and
Modi Weldon, Its City Clerk
DEVELOPER
TRAIL HEAD LAND DEVELOPMENT
CORPORATION
By George N. Nelson, Its President
9
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of _, 1998, before me, a Notary Public within and for said County,
appeared Jay L. Kimble and Modi Weldon, to me personally known, who, being by me duly
sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and
that this instrument was signed and sealed in behalf of the City by authority of its City Council,
and they acknowledged the said instrument was the free act and deed ofthe City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _ day of _, 1998, before me, a Notary Public within and for said County,
appeared George N. Nelson, to me personally known, who, being duly sworn, did say that he is
the President of Trail Head Land Development Corporation, the Developer named in the
foregoing instrument and that this instrument was signed as the free act and deed of the
Developer.
Notary Public
10
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EXHIBIT "A"
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SUMMERFIELD
ST1l.WA TER. "N
FClI'(:
TRAIL HEAD LAND
DEVELOPMENT CORPORA TlON
PREl""NA"Y Ift!UTY PLAN
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BID PROPOSAL
CREEKSIDE
Still'MItsr, Minnesota
1112~/~'8
John Oliver & Associates, Inc.
FILE NO: 7643.10-03
PROJECT NO:
~9;:"
.... . . .' .. .
... .... :::~. '.' :. ..:: ;.::/:'.;:':" :C~.~~?~'.
-~.:,~~:.:'. ..':..: .... ,.... . .UNIT.. ql!~~..
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AMotiNT:.; :
BID SCHEDULE A - Sanitary Sewer
1 a" PVC-SDR 35 10'. .12' Depth LF 100.00 $ /4./0 $ 14/0 -
-.. - -.---- _ ___40_ '-_
2 e" P'VC-SOR 35 12' -14' Depth LF 250.00 $ [:5.'0 $ ~/'7S -
.'
3 8" PVC-SOR 3S 14'. 16' Depth LF 194.00 S ;;'0. DQ $ )~8cJ -
4 au PVC-5DR 26 14'. 16' Depth LF 40.00 S d ,;2 .o~ $ ~~e-
5 an PVC-SOR 26 16' -18' Depth LF 93.00 $ ,,-t.c() $ 2.'2..!c""
.... ,\II',^-" ... ._~-~~_. .. ... w.. t
7 Standard Manhole (0' . e' Depth) EA 5.00 $ I ;a.'oo $ I!S OCCJ ...
e Extra Depth Manhole LF 27.00 $ 7S" $ '202$'.
~ r ~A" U~IM lW! U nrn t IO [ LfOJ!
10 4" PVC Service Pipe LF 515.00 $ 7.S0 $ ~ '86 '2 ,S"Q
11 Treneh Rock Stabilization TN 100.00 $ 3.00 $ !,CD .-
12 Connect to Existing Stub EA 1.00 $ SOO- S s=-
13 Inside Drop Connection EA 1.00 $ /Soo.. $ 1'$'00 -
14 Adjust Existing Manhole EA 5,00 $ 400 $ ;ow-
a TOTAL BID SCHEDULE A. Sanitary Sewer $ ;t'J J 6.>a , So
,
BID SCHEDULE B. Watermain .,
6" DIP LF 3.060.00 $ I~- $ ~~oo -
2 6"RSV EA 13.00 $ 5"0" - $ {, S'=o -
3 Hydrant EA 7.00 $ I~oo- $ cf'iI ~ -
4 6"Tee EA 9,00 $ / $'0 . $ I~ ~o-
I ( ~ll! ~ ~.AA ! IDO.-:-: .u_ S 7ep-
6 6" Plug EA 1.00 $ 100 - $ __/~ .~-
7 1" Curb Stop & Box EA 43.00 $ 7S - $ ';2,cS-
"EXHIBIT B" --..,.-.....-
1111
12/08/98 16:04 FAX 6122411613
J1m Peterson
14105
4 2331 Type 41 B Bituminous Wear Course TN 1.065.00 $ ~S - $ ._.~;t_7, I ~S -
.-.. ....
5 Concrete QlI'tl and Gutter LF 4.940,00 $ 1.20 $ .?>S', S6a -
6 Concrete Border LF 440.00 $ J_'u~..~ _u $ . . .;;.S,a..
7 iraffic Control LS 1.00 S S pO -- S __... . f '7'~,:-. m
--.. .........., .
8 Adjust Frame and Casting EA 22.00 $. -j7.t?,_':__. s ~!..to - _
9 Adjust Water Valve Box EA 14.00 $ /5"0- $ .;) I OQ -
10 4" Topsoil Spreading in Boulevard Areas 'WM- J.5'o $ __liJ?~ -:-.... $ _~ (. ~o -
11 Seed, Mulch and Fertirlzer AC 2.. .00 'k5(f s S Q.:l ... $ II. OCJ -
12 Bituminous Path. As Per Detail LF 1.910.00 $ ~.oo $ IS" I ~ S" -
d TOTAL BID SCHEDULE D - Street &. Restoration $ :;ISj /19.00
SUMMARY
a TOTAL BID SCHEDULE A - Sanitary Sewer $ ;1 '=r I 6 3~ . -S 0
I
b TOTAL BID SCHEDULE 8. Watermain $ ~ " I 0 z.. J .!.~~~.
.
C TOTAL BID SCHEDULE C - Storm Sewer S 5''3/9,:3,00
d TOTAL BID SCHEDULE D . Street & Restoration $ 21S" , I '7~, oC)
.
TOTAL S 578 I 73/. ~o
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EXHIBIT "C"
IRREVOCABLE LETTER OF CREDIT NO,
TO: City of Stillwater
Washington County
Minnesota
We hereby issue an irrevocable stand-by Letter of Credit No, _ in favor of the City of
Stillwater, Minnesota (the "City), for account of Trail Head Land Development Corporation (the
"Applicant"), which is available by negotiation of City's draft at sight on or before the 1st day of
November, 2000, a written statement, executed by the Mayor and the Clerk or its designee, bearing the
number of this Letter of Credit and stating that the amount of the City's draft covers the indebtedness of
the Applicant to the City provided for in Sections 3,02 or 3.04 of the "Development Agreement" by and
between the City and the Applicant approved by the City as of the 15th day of December, 1998, as
amended,
We hereby agree with the City that all drafts drawn under and in substantial compliance with the
terms of this credit will be duly honored on presentation,
This credit shall be construed in accordance with the law of the State of Minnesota including, in
particular, Minnesota Statutes, Section 336.5-101 to 336,5-117 (Uniform Commercial Code, Article 5,
Letters of Credit).
By
Its
~ J; 12/08/98 16: 04 FAX 6122411613
Jim Peterson
14101
JIM PEIERSON
TRAIL HEAD DEVEWPMENT CORP.
506 Freeport A venue Suite 105
Elk River, MN 55330
(612) 241-0151
Te.lecopier Transmission Cover Sheet
Date: J~!&/9"_
-:
To:
04Pe lll11Jnt./Jd r7
FAX NUMBER: '/.,3 9 - y-~ J.) I
From :_
J 011 ilrfidJd
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Number of Pages, inbluding cover sheet~_
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~~~~.
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. J. 12/08/98 16: 04 FAX 6122411613
J1m Peterson
14102
Civil Enginemng
llJJuJ SurwyiDg
lmuI PImIidng
lohn Oliver .& Associates, Inc.
S80 DG(,Ige A"mue, El. .R1nr, MN &&330 .
(".2) 44J.2012 . Fa: 441-5".1
DATE: 1/'20""~
TRANSMITIAL
TO: ::J( 1Jr\ ?~~O tJ
~ rkAD "D&.
RE: c;...e~J:.,S I t>6
WE ARE: '>?f Enclosing 0 Sending Under Separate Cover X As Requesl.ed
C6P(P; ~ ~s.~ CtIIST 6Sn/l"~' ,
FOR YOUR:
P Information
o Review
o Approval
. 0 Distribution
o Sign & Return
o Other
..
t'f::tfI CooL t)JO' ..~~
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~)
BY: e>6)D
cc:
FILE NO.
Offices in Elk River & Burnsville
o..a lol . TP.AH5WIT..l.lll
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BID PROPOSAL
CREEKSIDE
Stillwater, Minnesota
I Ill-ClIff) '8
John Oliver & Associates, Inc.
FILE NO: 7643.10-03
PROJECT NO:
~9;:"
.. .' .... ...
.. ...... ... .
. . .; i:TEM :.: .
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BID SCHEDULE A - Sanitary Sewer
1 8- PVC-SDR J5 10'. ,12' Depth LF 100.00 $ /4./0 $ 14/0 -
_.. . -.---. . ---....-...-
2 e- P'V~OR 36 12' -14' Depth LF 250.00 $ /"S,(O $ ~i'7S -
,'"
3 8- PVC-SOR 3S 14' - 18' Depth IF. 194.00 S ~O. Do $ .)~8CJ -
4 S" PVC-SDR 26 14'.16' Depth LF 40,00 S ;) ,J. 0 c) $ ~~O-
5 8" PVC-$OR 26 16' -18' Depth LF 93.00 $ ,.4, cO $ 'Z.'2..3Z'"
.., 't,JfI~ ... ._~_.:t.!..!;J~_. .. '" ..,;.. (
7 Standard Manhole (0' - e' Depth) EA 5.00 $ { 2.'00 $ 60Ctl..
e Extra Depth Manhole LF 27.00 $ 7S' $ 7c 2S" .
~ r ~ t' !!~IM tW! bA noo ( 10 [ LfDJl
10 4" PVC Service Pipe LF 515,00 $ 7.5'0 $ ~ '86 ;: .S"a
11 Trench Rock Stabilization TN 100.00 $ 3.00 $ 3co-
12 Connect to Existing Stub EA 1.00 $ Boo- S ~co -
13 Inside Drop Connection EA 1.00 $ Isec'" $ l'S'co -
14 Adjust Existing Manhole EA 5.00 S 400 $. JQW-
TOTAL BID SCHEDULE A. Sanitary Sewer " $ ~q J 6..>3 I So
a
, ,
,
810 SCHEDULE B. Watermain ..
6" DIP LF 3.000.00 $ IF{ - $ ~~oo -
2 6ftRSV EA 13.00 $ 5"00 - $ __._4 S'oo ..-
3 Hydrant EA 7.00 $ 1000~ $ t:r-il~-
4 e"Tee EA 9,00 $ I SO - $ I~ ~o-
~ ( ~!lll ~ ~.M ! 100 ~ ..._ $ 7cp-
6 6" Plug EA 1.00 $ 100 - $ IO::J -
----...-
7 '" Cul'b SlOp & Bax EA 43.00 $ ,S- $ -;2.,~
--....-.....-
.
'.. Jl . ...
II
I
I
I
12/08/98 16:04 FAX 6122411613
"" ~ . ..
Jim Peterson
~05
4 23:3 1 Type 41 B Bituminous Wear COUl'$e TN 1.005.00 $ ~S - $ ._, .:t_7 ' f l S -
5 Conc.-ete CUrb and <3utter LF 4.940.00 $ 1.20 $ ~S', S6a -
6 Concrete Border LF 440.00 $ -E- ,,,;,.~- -.. - !Ii . , .~.g,CI. .
7 Traffic Control LS 1.00 S S 00 -- S __'.. , f ?~. :-: M'.
--.. .........., .
8 Adjust Frame and Casting EA 22.00 $~ ~!7.?_:_.. $ . s7..to - _
9 Adjust Water Valve Box EA 14.00 $ I So - $ ,;'2100 -
10 4" Topsoil Spreading in Boulevard Areas W 1rC- l,bo s _~R? -:':... $ _~ (. so-
11 Seed, Mulch and Fertirlzer AC 2.. .0 Q ~ $ ~ Q:) .. $ I " (J(J -
12 Bituminous Path. As Per Detail LF 1.910.00 $ ~.oo $ IS- I ~ 8" -
'"
d TOTAL BID SCHEDULE 0 - Street & Restoration $ .:21S"j /19.00
SUMMARY
a TOTAL BID SCHEDULE A - Sanitary Sewer $ ~'t,~3S.S0
I
b TOTAL BID SCHEDULE 8. Watermain $ ~C' I 0 ,II ='~
, -
c TOTAL BID SCHEDULE C - Slonn sewer $ 5''3,B,:!l.oo
d TOTAL BID SCHEDULE D. Street & Restoration $ 21S",/~e"oO
.
TOTAL $ 378 /7'3/. 'So
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