Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1999-02-02 CC Packet
• REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director OTHER BUSINESS 1. Ron Gersdorf, Waste Management Inc. — Discussion of solid waste contract 2. Dave Eckberg, Lumberjack Days Festival Association 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 99 -3 Council Chambers, 216 North Fourth Street February 2, 1 999 4:30 P.M. AGENDA 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief APPROVAL OF MINUTES January 19, 1999, Regular Meeting and Executive Session PETITIONS. INDIVIDUALS, DELECTATIONS & COMMENDATIONS 1. Senator Gary Laidig 2. Bill Fierke — Lily Lake water quality project OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 99 -32: Directing Payment of Bills 2. Resolution: Amending Resolution 96 -17, Ordering preparation of report on Lily Lake Storm Water/Water Quality 3. Purchase of six mobile radios - Police Dept. 4. Resolution: Purchase of three squad cars — Police Dept. 5. Resolution: Approval of contract with Larson, Allen, Weishai"r & Co., LLP, for 1999 Audit 6. Resolution: Purchase of aeravator- seeder — Parks Dept. ii 9" Building Official 10. City Attorney 11. City Coordinator 4:30 P.M. 7:00 P.M. City Council Meeting 99 -3 February 2, 1999 7. Resolution: Purchase of Toro lawn tractor, mower, cab & blower — Parks Dept. 8. Approval of bocce ball tournament — use of "Reed parking lot" 9. Contractor License: Star Plumbing & Excavating, Inc., Bloomington; Northern Arborists, Lake Elmo 10. Resolution: Setting City Contribution for Hospital /Medical Insurance Coverage for Councilmembers, Qualified Retired Employees and Certain Exempt Employees 11. Purchase of full- version Arcview GIS program - Engineering Dept. 12.Resolution: Resolution Amending Resolution 96 -17 Ordering Preparation of Report on Lily Lake Storm Water /Water Quality Treatment UNFINISHED BUSINESS 1. Second reading of ordinance adopting a moratorium on establishment of adult entertainment uses (first reading January 19, 1999) 2. Approval of Heritage Preservation Architectural Survey grants and funding 3. Review and approval of the Heritage Preservation's letter to MnDOT regarding revisions to the Wild and Scenic Rivers Act NEW BUSINESS 1. Receiving report and ordering hearing — 1999 Street Improvements 2. Receiving report and ordering hearing — Curve Crest extension/62 Street 3. Update on McKusick Lake 4. Establishing rates for storm water trunk charge for annexation area 5. Possible first reading of ordinance relating to lakeshore fertilizer restrictions 6. Post office relocation 7. Possible first reading of ordinance implementing the conflict of interest and financial disclosure provisions of the City Charter PETITIONS. INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS 1. Tim Nolde, Anchobaypro, Inc., COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director CALL TO ORDER INVOCATION ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-3 Council Chambers, 216 North Fourth Street February 2, 1999 4:30 P.M. AGENDA 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief OTHER BUSINESS 1. Ron Gersdorf, Waste Management Inc. — Discussion of solid waste contract 2. Dave Eckberg, Lumberjack Days Festival Association 7:00 P.M. AGENDA APPROVAL OF MINUTES January 19, 1999, Regular Meeting and Executive Session PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS, 1. Senator Gary Laidig 2. Bill Fierke — Lily Lake water quality project 9. Building Official 10. City Attorney 11. City Coordinator 4:30 P.M. 7:00 P.M. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 99 -32: Directing Payment of Bills 2. Resolution: Amending Resolution 96 -17, Ordering preparation of report on Lily Lake Storm Water /Water Quality 3. Purchase of six mobile radios - Police Dept. 4. Resolution: Purchase of three squad cars — Police Dept. 5. Resolution: Approval of contract with Larson, Allen, Weishair & Co., LLP, for 1999 Audit 6. Resolution: Purchase of aeravator- seeder — Parks Dept. City Council Meeting 99 -3 February 2, 1999 7. Resolution: Purchase of Toro lawn tractor, mower, cab & blower — Parks Dept. 8. Approval of bocce ball tournament — use of "Reed parking lot" 9. Contractor License: Star Plumbing & Excavating, Inc., Bloomington; Northern Arborists, Lake Elmo UNFINISHED BUSINESS 1. Second reading of ordinance adopting a moratorium on establishment of adult entertainment uses (first reading January 19, 1999) 2. Approval of Heritage Preservation Architectural Survey grants and funding 3. Review and approval of the Heritage Preservation's letter to MnDOT regarding revisions to the Wild and Scenic Rivers Act NEW BUSINESS 1. Receiving report and ordering hearing —1999 Street Improvements 2. Receiving report and ordering hearing — Curve Crest extension/62 Street 3. Update on McKusick Lake 4. Establishing rates for storm water trunk charge for annexation area 5. Possible first reading of ordinance relating to Lakeshore fertilizer restrictions 6. Post office relocation 7. Possible first reading of ordinance implementing the conflict of interest and financial disclosure provisions of the City Charter PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS 1. Tim Nolde, Anchobaypro, Inc., COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 • • Memo To: Honorable Mayor and Council Members From: Kim A. Kallestad, Fire Chief Date: January 26, 1999 Subject: F.Y.I. — 1998 Call Response Summary The Stillwater Fire Department responded to a total of 747 emergency calls in 1998. This was 76 more than in 1997, an increase of 11 percent. 406 calls (54.4 %) Medical/Rescue 341 calls (45.6 %) Fire/Hazardous Materials /Other 747 calls total Estimated dollar losses included: • Ten (10) residential structure fires, six of which had losses ranging from $25,000 to $51,000. • Two commercial property structure fires totaled a $25,000 loss. • Four vehicle fires totaled a $21,500 loss. • Total estimated loss for all fires in 1998 is $285,451. Total nronerty saved from fire in 1998 totals in the millions of dollars! See the reverse side for 1998/1997 breakdown of calls by cities /townships, types of response, etc. 1997 1998 City of Stillwater Fire / Explosion 41 27 Over - pressure Rupture 12 16 Rescue / Medical 247 315 Hazardous Condition 36 30 Service Call 33 47 Good Intent 106 115 False Alarm 18 19 Total 493 569 City of Grant Fire / Explosion 8 9 Over - pressure Rupture 1 1 Rescue / Medical 26 38 Hazardous Condition 3 4 Service Call 3 0 Good Intent 14 13 False Alarm 1 2 Total 56 67 Stillwater Township Fire / Explosion 8 10 Over - pressure Rupture 1 2 Rescue / Medical 30 34 Hazardous Condition 2 2 Service Call 3 5 Good Intent 23 13 False Alarm 2 1 Total 69 67 May Township Fire / Explosion 8 7 Over - pressure Rupture 4 1 Rescue / Medical 21 19 Hazardous Condition 2 1 Service Call 2 0 Good Intent 10 5 Total 47 33 Mutual Aid Assistance to Other Cities Grand Total (11.3% increase) 6 11 671 747 • • • TO: Mayor and Council FR: City Coordinator RE: Form for evaluating waste collection contract extension request DA: January 29, 1999 MEMORANDUM Discussion: As reported at the previous meeting, Mr. Ron Gersdorf, Waste Management Inc. will be at the 4:30 P.M. meeting, Tuesday to discuss the collection service and issues related to the extension of the solid waste collection contract. I have prepared a draft form that I believe should be used for evaluating and negotiating the extension. I am sure the form will be modified per discussion with the Council and Mr. Gersdorf but it should be a good starting point. I can discuss this further with you at the meeting Tuesday afternoon. Recommendation: Council direct staff to begin evaluation and negotiation process related to extension of solid waste collection contract. ?0'd �H101 January 14, 1998 Nile Kriesel City of Stillwater 216 North 4 Street Stillwater, MN 55082 -4898 Dear Mr. KrieseI it has been a pleasure serving the City of Stillwater and its residents. Our mission is to provide the best service possible at the most competitive price in the market place. Per the Residential Recycling and Refuse collection contract between Junker Sanitation, Inc. d.b.a, Waste Management of MN, and the City of Stillwater, Page 11, Sec. 32, Renewal Terms, I respectfully request we begin the renegotiations of the contract. The new contract would be for a term of three years beginning January 1, 2000 through December 31, 2003. I look forward to an additional three years of providing excellent customer service. Please provide the renewal forms from the City of Stillwater to my office at 10050 Naples Street, Blaine, MN 55449. 1 appreciate the opportunity to work you and the City of Stillwater, if you have any questions please call me direct at 612 -783 -5444. Respectfully, Ronald P. Gersdorf Municipal marketing Manager Waste Management of MN cc Dave Magnuson cJ /cd'd LLt7S £8L ZT9 A Division of waste Management Minnesota 31'111 1N3I 9HNHW 31SHf1 WASTE MANAGEMENT 10050 Naples St, NE Blainc, MN 55449 (612) 890 -1100 (612) 783-5477 Fax LS :8© 6661 — tZ —NHf • 1. Identification of Contractor A. Firm name B. address of contractor 2. Ownership and control information A. President 1. Name 2. Address 3. Telephone number B. General Manager 1. Name 2. Address 3. Telephone number C. Service Manager 1. Name 2. Address 3. Telephone number D. General Service 1. Address 2. Telephone number FORM FOR EVALUATING PERFORMANCE OF WASTE MANAGEMENT 3. Financial information A. Proposed rate (breakdown) Cart Size 30 gal 60 gal 90 gal Disposal fee Collection fee Recycling fee Yard waste fee Appliance fee Total unit price B. Extra waste fee (per 30 gallon bag) C. Rate of return on investment (provide a pro -forma financial statement) 4. Collection data A. Current waste disposal site B. Current landfill fee (per ton) C. Estimated tonnage collected (annually) 1. Regular solid waste 2. Yard waste 3. Recycling a. paper b. aluminum c. bi- metals d. ferrous metals e. plastics f. glass g. other 4. Appliances 5. Description of complaint policy and procedure. 6. Estimated cost of billing per household unit • 7. Description and number of units of equipment available for waste pick -up. Tyne Number . A. Regular pick -up • B. For appliance pick -up C. Recycling pick -up D. Yard waste • THIS AGREEMENT, made this 6th day of July , 19c3 by and between Junker Sanitation, Inc., "Contractor," and the city of Stillwater, a municipal corporation, of the County of Washington, State of Minnesota, "City," WiTNESSETH: 1. RESIDENTIAL REMOVAL AGREEMENT Contractor shall provide for the removal of garbage and rubbish from all residential dwellings in the City. Single family residences shall constitute one unit and each unit of multiple dwellings will constitute one unit. 2. DEFINITIONS "Adjusted accounts" shall mean units where not more than two people reside within a household and that the head of the household is 62 years of age or older or is retired by reason of permanent disability regardless of age. "Normal household waste" is defined as food waste, paper, plastics, metal beverage and food cans, glass, household hazardous waste, packaging material for household items, construction debris and other mixed municipal waste typically generated by the normal household except that which is defined as "extra household waste" and which must be placed in the contractor provided 30, 60 or 90 canon containers or special city bags. "Extra household waste" is defined as bagged yard waste, tree branches and bundled brush not exceeding four feet in length or forty pounds per bundle, other extra waste, such as appliances, furniture, doors and windows, and which is not required to be placed in special city bags. "Excess household waste" is that normal household waste that exceeds the capacity of resident's container, and that is subject to a special fee for pick up. "Curb" or "Curbside" shall mean that area of the private property immediately adjacent to the side of the rcad;iay that is maintained as a roadway. The items listed in each definition shall be conside examples of the type of solid waste within each category. 1 c June 28, 1993 All other terms or phrases used in this contract shall have the meaning given to the terms in the Solid Waste Management Plan as approved by City Council Resolution No. 91 -239, dated December 4, 1991. 3. ETLLING The Contractor will receive compensation monthly directly from the City, based on City records relative to occupancy of residential dwellings. The City shall be responsible for billing and collecting charges from all units which shall include apartment dwellings, including apartment dwellings in the central business district, condominium and townhome buildings, Bed and Breakfast operations and businesses operating out of a residence. S. DISPOSITION OF SOLID WASTE The Contractor shall dispose of the solid waste as it deems advisable, but in compliance with City, County, State and Federal laws and rules. The Contractor shall, upon the request of the City, advise the City in writing of the place and method of disposal and of any changes in the place or method. 5. WEEKLY PICKUP AND DAILY SERVICE HOURS The Contractor shall make a curbside pick -up at all residential units in the City at least once a week during the term of this agreement. All solid waste from each dwelling, including yard waste and other material shall be collected on the same day. Daily service hours shall not begin prior to 6:00 a.m. nor continue past 10:00 p.m. After the Contractor has picked up the solid waste from a residence, the Contractor shall return all containers to a point at least 12 feet from the curb. 6. PHYSICALLY IMPAIRED DUE TO AGE OR DISABILITY, The Contractor shall not require that aged or physically impaired residents make their solid waste available at curbside and shall make arrangements with each such resident to accommodate collection and return of their containers. 7. QUANTITY LIMITS • • • • The pick up of both normal cr extra household waste shall be unlimited in cuantity. However, the fee for collection of normal household waste shall be as provided for in Section 9--Volume Eased System of the contract. There shall be no charge for the collection cf extra household waste. 2. EXCLUSIONS The Contractor shall not be obligated to collect: rucks, sod, cement, dirt, stumps or logs in excess cf five inches in diameter. 9 VOLUME BASED SYSTEM The Contractor shall furnish and deliver containers for normal household waste in 30, 60 and 90 gallon sizes to residents. Residents shall be allowed to choose the number and size of the container for their residence and will be billed according to the fee schedule listed herein. If the Contractor chooses to supply containers that are slightly larger than the sizes listed above, it shall be considered in compliance with this provision. Multi - family residences of three or more units, bed and breakfasts and businesses operated out of a residence shall be entitled to choose the container size of their choice at the normal rate, or in lieu of containers, a dumpster of similar capacity. If a dumpster is provided in lieu of a container, the rate charted for the dumpster shall be at the 90- gallon rate per unit except that for multi dwelling units containing 50 or more units which are rented exclusively to persons whose head of household is 62 years of ace or older. the rate shall be S9.00 per unit. in the event a residence desires collection of waste in excess of the container size it has selected, it shall purchase stickers or bags from the City that shall entitle the residence to an additional 30 gallon bag of normal household waste. If a sticker is used, the sticker shall be affixed to the bag and the Contractor shall not be obligated to pick up the excess normal household waste without having a sticker attached or unless it is an official City bag. However, the Contractor is requireed to pick up unlimited cuantities of extra household waste at no additional charge. The Contractor shall not be Obligated to change container size at intervals of less than two (2) billing cuarters and upon less than thirty (30) days notice. 3 The rate for collection per month shall be as follows: For each 30 Gallon Container For each 60 Gallon Container For each 90 Gallon Container Adjusted Accounts $13.75 $17.75 $19.75 $12.00 (30 gallon container) Monthly the City shall remit the sum of $1.25 to each bag or sticker sold. Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $5.00 per month during the period of their absence. 10. CLEAN UP DAYS. The Contractor shall provide a competitive bid for the provision of labor and collection equipment to conduct "Clean Up Days" for the collection of extra household waste if requested to do so by the City. The Contractor shall also provide the labor and equipment to conduct a "Clean Up Day" for rocks, dirt, cement and sod only, on one Saturday each Fall and one Saturday each Spring, without charge to the City or to residents of the City. 11. DATA RETENTION, The Contractor shall compile and retain solid waste data and report this data to the City on a form furnished by the City at least once every 6 months. In addition, the Contractor shall furnish the City copies of solid waste reports that are submitted to Washington County. Failure of the Contractor to furnish this data within 20 days of it being due shall entitle the City to withhold any payments due the Contractor until the data is received. 12. COOPERATION, The Contractor agrees to meet and cooperate with the City Council and the Solid Waste Advisory Commission when requested by the City and to study and evaluate the waste collection system in order that the goals of the Solid Waste Management Plan of the City be realized, and if necessary, based upon regulatory changes and technological advances, be modified. Further, the Contractor agrees to cooperate in the development and distribution of educational material to help improve solid waste generation and disposal attitudes and habits. • • • • 1 3 . COM ?7 The Contractor shall establish and maintain an offic for acaccenting complaints and resident calls. The of_ =i ce shall be in service during the hours of S:00 a . m . and 4:30 p.m., Monday through Friday, except holidays and as specified in the contract. Address and telephone number changes shall be given to t^:e City of the office and any in writing. Whenever the City or a resident notifies the Contractor of a location that has not received scheduled service, the Contractor is required to serve the location no later working day from the time of than the following i g complaints and action taken complaint. A record of all - th me Contractor and rEportea thereon shall be kept by e monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. 14. DISPUTE RESOLUTION, The Contractor shall in good faith attempt to settle any dispute arising with residents. In the event the parties cannot resolve a dispute, the shall be submitted to a dispute resolution committee, hereinafter called "DRC." The purpose of the DRC shall be to resolve any dispute between the Contractor and a resident, as expeditiously as possible. The DRC shall consist of three members, the City and Contractor shall each appoint one member, these two members after consultation with the party who appointed them, shall together select the third member . All procedures for the DRC shall be informal. Failure of the Contractor to remedy the causes for complaint within 10 e from the DRC of their findings days of written notice prom shall be considered a breach of this contract. The Contractor may appeal the findings of the DRC to the City Council in writing within 10 days after notice. A decision of the City Council is final. 15. CITY SOLID WASTE, In addition to residential service, the Contractor shall pick up without additional charge, such trash as is the responsibility of the City, or which is accumulated by the City, or for the City, such as street cans and park barrels, provided that, if the City does not provide its own containers or dumpsters for this purpcse, t e 15 . Contractor shall not be obligated to provide either containers or dumpsters without payment of a rental fee. EOU1PMENT The Contractor shall provide adeouate equipment for the collection of garbage and rubbish and the equipment shall be of a design and construction specifically manufactured for garbage and rubbish hauling. Upon request from the City, Contractor shall provide a written description of the vehicles and equipment to be used within the City, and the Contractor shall make such vehicles and equipment available for inspection from time to time as the City may require. 17. OTHER LAWS The Contractor shall comply with all City County, State and Federal laws and rules, relating to solid waste collection and disposal. 18. SCHEDULES The Contractor shall furnish the City a written schedule of the area in which pick -ups will be made each day of the week and the Contractor shall adhere to this schedule unless permitted otherwise by this contract. However, the Contractor shall be excused from this schedule because severe weather makes it impossible. This shall not, however, relieve the Contractor from the pick up, which shall be made as soon as weather permits. 19. CHANGE IN COLLECTION SCHEDULE The Contractor may request a change in the schedule by requesting the change in writing to the City at least fifteen (15) days from the proposed date of the requested change. A change shall be effected only upon authorization from the City and upon publication at least once in a newspaper of General circulation in the city during the week before the change. The Contractor shall not be required to make regular collections on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day; provided, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Coordinator. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of the holidays. The Contractor may also request a change in the route • • • schedules by requesting the change in writing to the City at least thirty (30) days from the proposed date of the reauested change. A route change shall be made only uocr authorization by the City. 20. vmvi oYEES The Contractor agrees to pav all necessary Federal Social Security taxes and all State and Federal taxes required by law, and at its own expense will cover all emolovees with Workers' Compensation Insurance as provided by law. Contractor further agrees to comply with all laws of the State of Minnesota and the United States regarding the employment of persons. 21. INSURANCE 23. EOND Contractor shall also carry Automobile Liability Insurance, Public Liability insurance and Property Damage Insurance, all with Combined Single Limits of $1,000,000 and shall deliver a Certificate of Insurance regarding the required policies to the City that names the City as an Additional Insured "as their interests may aptoear." 22. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, liabilities, losses; damages, costs, expenses including reasonable attorney's fees, suits, demands and judgments of any nature, because of bodily injury to, or death of, any person or persons, because of the Contractor or others and arising under this contract, including loss of use from any cause whatsoever, which may be asserted against the City on any such matters, and to pay and satisfy any judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this contract. Contractor shall furnish a performance bond as required by law in the amount of $2,500.00 which will be delivered to the City to secure the faithful performance of this contract. However, in the event the Contractor proposes to assign or transfer this contract, the City reserves the right to increase this amount as a condition of approval of any assignment or transfer. 24. NEGOTIATED PRICE - TERMINATION BY CONTRACTOR The contract price shall be subject to negotiations upon: each one year interval during the regular term and any extension or renewal term, subject to the condition that in the event the Contractor and the City are unable to arrive at a satisfactory agreement relative to an increase or decrease in the amount of the contract, the Contractor may be relieved of his responsibilities under this contract, upon one hundred eighty (180) days written notice to the City of his intention to terminate the same. It is agreed that the contract price, even though subject to negotiation, shall be fair and reasonable and designed to meet the necessary costs of service, including a fair rate of return on the costs of property devoted to the service. 25. TERMINATION BY CITY, The City may at any time, terminate the contract for a breach of the terms by the Contractor or for unsatisfactory performance. All terms and conditions of the contract are considered material, and failure to perform any of the terms or conditions shall be considered a breach. Should the Contractor fail to perform any term or condition, the City shall have the right to terminate the contract after 30 days written notice to the Contractor of the violation and the failure of the Contractor to remedy the violation within that time. The City shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for a breach shall not be deemed a waiver of the right to terminate for future violations or for future unsatisfactory performance. 26. 24 -HOUR NOTICE If the Contractor shall fail to make a garbage pick -up at any residence, it shall do so within twenty -four (24) hours after notification from the City of the address where the pick -up was not made. The Contractor shall also respond promptly upon request by the City to clean up any spills or loose solid waste that results from its operation. 27. REASONABLE REGULATIOi`NS The City reserves the right to make additional reasonable regulations regarding the performance of the Contractor 3 • • • after consultation with the Contractor. • 22. CURESIDE PALES AND REGUT_ATIONS, The City agrees to enact and to continue in effect reasonable regulations obligating its citizens to ma: :e the solid waste reasonably accessible to the Contractor on the day of collection. In addition, the City agrees to amend the Solid Waste Ordinance of the City to require at least the following regulations, rules and Consumer requirements: a) That residential solid waste service is mandatory and collectable only by the authorized Contractor; b) That the consumer shall be responsible for the damage or loss of a container caused by their negligence and shall be liable to the Contractor for this damage, except that reasonable wear is expected; c) That no mixing of household waste, yard waste, hazardous waste or other solid waste is permitted; d) That no container be unreasonably compacted by stuffing or otherwise; e) That a 30 gallon bag of waste not exceed 30 pounds, and a bag of yard waste not exceed 40 pounds; f) That all bags be closed at the top and the lid fit securely shut on each container. g) After collection by the Contractor, containers shall be returned by the Contractor to a point at least 12 feet from curbside. 29. TRANSFER OR SALE OF CONTRACT, The Contractor will not make any total or partial sale, assignment, conveyance, lease, or transfer of this Agreement or any part thereof or any interest therein, without the prior written approval of the City, which approval will not be unreasonably withheld. The City shall be entitled to require, as conditions of any such approval that: Any proposed transferee shall have the cualificatioris and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and The transfer does not create an antitrust problem in the local refuse hauling industry that in contrary to the interest of the residents of Stillwater; and Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, has expressly assumed all of the obligations of the Contractor under this agreement and agreed to be subject to all the conditions and restrictions to which the Contractor is subject. It is the intent of this section, together with other provisions of this agreement, that to the fullest extent permitted by law and equity no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of any rights or remedies provided for in this agreement. There shall be submitted to the City for review all instruments and other legal documents involved in affecting the transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies and any and all other documents required by this agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. 30. GUARANTY OF NONDISCRIMINATION The Contractor agrees that during the life of the contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry or sex and will include a similar provision in all subcontracts entered into for the performance thereof. The contract may be cancelled or terminated by the City and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes Subsection 181.59. 31. EXPIRATION This agreement shall be in full force and effect from and after July 1, 1993 until December 31, 1999. 10 • • 1 • 2 2 . RENEWAL TERMS The parties agree to begin a period of renegotiation of the contract not less than one year before the end of the contract term or renewal term. Notwithstanding, the foregoing, the Contractor may apply for two 3 -year extensions by making application to do so not later than twelve (12) months prior to the expiration of this contract or its renewal term on forms provide: by the City. The City shall conduct an evaluation of the Contractor and the solid waste system and the proposal. This evaluation shall be completed by the City within six (6) months after receipt of the application and cma e determination by City of its om .. �' 2 �L fI'' .l:.� -mess he evaluation reveals that the 04t'c-to'!; °,has ,mown substantial performance of the v t . . tft ewal tern, the Contractor shall be e ear renewal terms beyond the contract term. Nothing in this contract shall be construed to reauire an extension of this contract. Upon expiration of the contract and renewal terns, the City shall have the right, at its election, to extend the contract; invite additional contract applications or proposals or terminate the contract without further action. IN WITNESS WHEREOF, We have hereunto set our hands the day and year first above written. 11 __cr�'� -tom , it+*�J.:•�ex;r JUNKER ?iP- ON: ?li — -4 . ��_ ` I if CITY OF STILLWATER: Ey By Its Ma Its Clerk TO: Mayor and Council FR: City Coordinator RE: St. Croix Events - Lumberjack Days DA: January 29, 1999 MEMORANDUM Discussion: Dave Eckberg, St. Croix Events, will be at the 4:30 P.M. portion of the meeting Tuesday, to discuss the activities /events for this years Lumberjack Days celebration and to also obtain City assistance for conducting the event. The discussion will also include staff recommendations regarding the beer garden and other issues related to the event (such as the use of Lowell Park). Chief Dauffenbach has had several meetings with Mr. Eckberg to discuss requirements for the beer garden and other public safety concerns associated with the event. Chief Dauffenbach's recommedations are shown in the attached memorandum that he gave to City Attorney Magnuson. Mr. Eckberg also met with other city staff (myself included) on February 21 to discuss other issues /concerns related to the event. In addition to the beer garden and related security, the following items need to be determined: 1 Amount of City financial contribution for the parade ($6000 in 1998). 2. Amount of City financial contribution for the fireworks including the 4 of July display ($15,000). 3. Responsibility for cost of dumpsters ($2047.50 in 1998). 4 Fees for use of Lowell Park ($750). 5. Reimbursement for any damages to public facilities. 6. Responsibility for other costs (i.e., Police, Public Works/Parks, etc.) Mr. Magnuson has prepared a draft agreement that can incorporate all of the appropriate conditions, requirements, etc., for the Lumberjack Days celebration. Recommendation: Council determine conditions, requirements and contributions for 1999 Lumberjack Days event. 274-L/'e • Memorandum To: David Magnuson, City Attorney CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 01/28/99 Re: Lumberjack Days 1999 I have been meeting with Dave Eckberg over the last two weeks in regards to Lumberjack Days 1999. The event is scheduled for July 20 to 25 The biggest change this year is the service of alcohol in Lowell Park going from 4 days to 5. Wednesday there is Polka in the park. On Thursday, Friday, Saturday and Sunday nights there are concerts from the floating stage in the river. Other activities are scheduled in the park through out the weekend. The potential liability ofthe liquor service in Lowell Park is my biggest concern. I would like to see Lumberjack Days move to a non- alcoholic event. However, Mr. Eckberg stated that he needs the revenue from alcohol sales to continue to put on a quality Lumberjack Days celebration. There are some safeguards that we can implement to reduce the city's liability. Mr. Eckberg has been very willing to cooperate to reduce the liabilities. The area of alcoholic distribution will be fenced as last year and access limited. The access points to the area will be maned by private security provided by Mr. Eckberg. This should prevent the removal and introduction of alcohol to the fenced in area. Signs will be posted throughout the fenced in area reminding people that they need to be at least 21 years old to possess and consume alcohol. Signs will be posted at exits to remind people that alcohol must be kept in the fenced in area. Signs will be erected in the fenced in area reminding people they must have a wristband to possess or consume alcohol. The area of alcohol service should be limited to person 21 years of age and older. I Mr. Eckberg states that this family event and people should be allowed to consume with their families as a family orientated event. This allows access to persons under 21 years of age to alcohol. To prevent this from occurring, last year 1 None of these items are a big change from last year's agreement there should however be a signed contract with Mr. Eckberg. January 28, 9999 we started identification bracelets. Identification cards were checked and people over 21 were sold bracelets. Everyone that was consuming was supposed to have a bracelet. This did not work too well as most people in the park thought that it was a sur charge to consume, and the fact they had to buy the bracelet led to non- compliance. This year we proposed that identification cards are again checked but the bracelets are given away free. People would then be informed of the reason for the bracelets. Signs will be erected to inform people they must be wearing a bracelet to consume alcohol. This should get more voluntary compliance and help us to better identify the underage consumers. Anyone without a wristband will be asked to get one by police and security. Any one who is looks as if they are close to legal drinking age will be asked for I.D. if they are consuming in the park. We do this to prevent passing of the wristbands. The wristbands are made of material that should not allow it to be reattached once removed from the person wearing it. The colors should be different for each day of the celebration. Morli handles the issuance of the liquor license. There are requirements that must be met with her, including insurance requirements. Hours of operation of service for alcohol are from 1200 noon to 11:OOpm. No food may be served by venders alter 11:30 P.M. Noise levels should not interfere with residential areas of the city. Police Powers. The city should reserve the right to shut down the event if the agreement is violated or the public safety is threatened determined by the police chief. This would include stopping the dispensing of alcohol and the association assisting in shutting the event down. The area of crowd management has been itnproved since last year. Mr. Eckberg agreed to add additional private security to the event this year. These private officers will be uniformed and equipped with radios. There will be security at every exit, security to assist in traffic and crowd control and security to assist in compliance with alcohol regulations. A schedule for private security personnel shall be submitted and approved by the police chief. The police department has agreed to assist Mr. Eckberg in the training of the Knights of Columbus and security staff in the laws relating to alcohol service and proper identification cards. 2 • • • TO: Mayor and Council FR: Tim Thomsen Parks Director RE: Lumberjack Days fees DA: January 29, 1999 MEMORANDUM Discussion: When St. Croix Events (Dave Eckberg) started doing Lumberjack Days for the City the City waived all park fees for the first few years to help get the event off the ground (i.e., 1994, 1995, and 1996). However, my understanding is that the fees were not waived for 1997 and 1998. We received payment for the fees in 1997 but have not received payment for 1998. I feel the fees should have been paid as they are by all other users of the park for other events. Council should determine whether or not the fees should be paid (for 1998 and 1999). Although I realize that this is the City's annual celebration, I want to remind the Council that this event has a significant impact on Lowell Park and the Parks budget. It takes a considerable amount of labor hours as well as actual dollars to restore and/or repair the park after the event. In 1998 it cost the Parks Department $6120 for portable toilets and repairs to the park (the cost was about $5500 in 1997). It seems that the event keeps growing and that the cost to the Parks Department grows as well. My recommendation would be that the Council consider requiring payment of the fees and to also get reimbursed for any damages to the park. I would further ask the Council to remember the cost impact this event has on the Parks budget during the budget workshops and then set the budget accordingly. Finally, it appears that Pioneer Park may not be available for use during Lumberjack Days due to construction in the park. Therefore, Mr. Eckberg should find an alternative location for the Lumberjack Days Parade activities that usually take place in Pioneer Park. • • PARADE AND FIREWORKS AGREEMENT This Agreement made this day of February, 1999, between the City of Stillwater, Washington County, Minnesota ( "City "); David Eckberg, acting as disbursing agent ( "Agent "), in conjunction with the Lumberjack Day Celebration of 1999 and the Fourth of July Celebration of 1999, part of a community wide celebration of the City; and the Lumberjack Days /St Croix Events, Inc., a Minnesota non - profit corporation ( "Association "). 1. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the city, thereby promoting the welfare of the City. 2. In order to make the celebration a success, it is necessary to incur expenses associated therewith. 3. The City has agreed to provide financial support to the celebration on the condition that the money is disbursed for celebration related purposes. 4. The celebration shall be scheduled for July 20, through 25, 1999, and the 4th of July, 1999 5. That financial support may not exceed the budgeted amount of nine thousand and no /100 dollars ($9,000.00) for the Fourth of July fireworks display and six thousand and no /100 dollars ($6,000.00) for the Lumberjack Days fireworks display, and six thousand and no /100 dollars ($6,000.00) for 1999 Lumberjack Days Parade related purposes. 6. That before funds are dispersed by the City, the Association agrees to provide the City with evidence that a contract has been made with, Banner Fireworks to conduct both firework displays that are the subject of this Agreement. 7. That the Association is expected to raise revenues by charging fees for participation in the celebration with the goal that the celebration become self - supporting in the future by being one hundred percent (100 %) underwritten or sponsored by private sources. For this purpose the City will accept donations for the benefit of the celebration for disbursement for celebration related purposes.. 8. That the Association must provide to the City satisfactory proof that it has obtained liability insurance that name the Association and the City as an additional insured, as loss payees, in an amount of at least two hundred thousand and no /100 dollars ($200,000.00) per person and six hundred thousand and no /100 dollars ($600,000.00) per occurrence, for Loss sustained by either acts or occurrences that arise from or grow out of the celebration. 9. The city will provide police and fire protection, park clean -up services and portable toilets without charge to the Association at a level provided in past years. 10. The City agrees that the Association will have exclusive privileges for celebration related activities in both Lowell Park and Pioneer Park for the duration of the celebration, except that the City reserves the right to issue beer permits to vendors that are approved by the Association. 1 1 1. The Association must pay the appropriate park permit fees established by the park board. The costs of dumpsters will be paid by 12. David Eckberg is hereby appointed as Disbursing Agent of the City, and in that capacity, is authorized to make disbursement upon satisfactory proof of identity being made to him. 13. The Disbursing Agent is directed to obtain signed vouchers from each of the persons or entities to whom a check is disbursed and to maintain a record of disbursement and executed vouchers and deliver them to the City for keeping in the official records of the City according to law. ASSOCIATION, INC. IN WITNESS WHEREOF, the parties have set their hands this day of , 1999. Subscribed and sworn to before me this day of Notary Public , 1999. Subscribed and sworn to before me this day of , 1997. Notary Public THE LUMBERJACK DAYS /ST. CROIX EVENTS By Its CITY OF STILLWATER Jay L. Kimble, Its Mayor Attest: Morli Weldon, Its Clerk 2 • S BEER GARDEN AGREEMENT • This Agreement made this day of , 1999, between the City of Stillwater, Washington County, Minnesota ( "City "), in conjunction with the Lumberjack Days Celebration of 1999, part of a community wide celebration of the City; the Lumberjack Days Festival Association, Inc., a Minnesota non - profit corporation ( "Association "), and Esteban's Inc. ( "Esteban's ") the liquor license holder within the City that has been granted authority to dispense intoxicating liquor pursuant to M.S. §340A.404, Subd. 4. ( "Liquor ") 1. Celebration. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. The Association. Esteban's has been granted authority to dispense intoxicating liquor at the celebration and has contracted with the Association for the administration of the Beer Garden where the liquor will be dispensed. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of liquor at the celebration. 3. The Area. The temporary extension of the liquor license premise where dispensing will be permitted is the area bordered by the Minnesota Commercial Railroad Track on the east, the south line of Chestnut Street on the north, the St. Croix River on the east and the south line of Nelson Street on the south, except for the right -of -way of Chestnut Street ( "The Area "). 4. Fencing. The Area must be securely fenced. The City will provide the fencing material and personnel needed to install the fencing. The Association must use their best efforts to see that the fence remains intact. 5. Crowd Management. LJD Will provide, at no cost to the City, privately paid uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the security force must meet the approval of the Stillwater Police Chief. For the purpose of this plan, all Entry /Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit point, a paid security guard must be in place to insure that no beer or liquor enter or leave the park area. Signage will be prominently displayed at each entry/exit point to notify guests that no liquor /beer will be allowed in or out of the area. Private officers will roam the area checking to make sure that each beer drinker is wearing a Lumberjack Days 1999 beer drinking bracelet. Signs will be displayed throughout the area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer. 6. Identification Bracelets. The Association will provide at no charge liquor identification bracelets at a minimum of four (4) different locations in the area. The Association will permit no one to consume liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume liquor. 7. No Other Alcohol or Coolers. No liquor is allowed in The Area except that liquor which is sold by the Association. The Association is responsible to see that no other liquor is brought into The Area. The Association must not allow bottles, containers or coolers to be brought into The Area. 8. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an addition insured, as loss payees, in an amount of at least two hundred thousand and no /100 dollars ($200,000.00) per person and six hundred thousand and no /100 dollars ($600,000.00) per occurrence, for loss sustained by either acts or occurrences that arise from or grow out of the celebration, and Liquor Liability coverage as described in M.S. §340A.409, evidenced at a minimum, the coverage described in M.S. §340A.409, Subd. 1. 9. Signs. The Association will post signs, the number and content of which must be approved by the City Police Chief describing the regulations prohibiting liquor outside of The Area, as well as the prohibition against participants bringing their own liquor into The Area and the requirement for identification bracelets must be worn to consume alcohol. 10. Noise Control. The Association is responsible to control the noise emanating from The Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 11. Hours of Operation. No liquor may be dispensed after the hour of 11:00 p.m. on each day until 12:00 p.m. (Noon) the next day. No bands or other music will be played after 10:30 p.m. No liquor may be dispensed after 11:00 p.m. and no food may be served by vendors after 11:30 p.m. 12. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing and must assist the police in the clearing of The Area. 13. Hold Harmless and Indemnify. The Association agrees to hold the City harmless and to indemnify and defend the City with regard to any claims causes of action or demands that might be brought against the City arising out of the activities in The Area including the 2 • • dispensing of liquor pursuant to this Agreement. • IN WITNESS WHEREOF, the parties have set their hands this day of , 1999. Subscribed and sworn to before me this day of , 1999. Notary Public Subscribed and sworn to before me this day of , 1999. Notary Public Subscribed and sworn to before me this day of , 1999. Notary Public ESTEBAN'S INC. By Its LUMBERJACK DAYS FESTIVAL, INC. By Its CITY OF STILLWATER Jay L. Kimble, Its Mayor Attest: Morli Weldon, Its Clerk 4 CITY OF STILLWATER CITY COUNCIL MEETING NO. 99 -2 January 19, 1999 REGULAR MEETING 7:00 P.M. This meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Police Chief Dauffenbach Community Development Director Russell City Engineer Eckles Civil Engineer Sanders City Clerk Weldon APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of the January 5, 1999, Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS DELEGATIONS & COMMENDATIONS 1. Joyce Melton — Melton Building at 124 N. Main St. Ms. Melton appeared to protest the condemnation of her building at 124 N. Main St. She did not feel she had received adequate notice. She intended to repair the building and had bids for the repairs. She requested Council not to proceed with condemnation. City Coordinator Kriesel noted the substandard condition of the building was substantiated by the Building Official in 1985 and has continued to be in a state of disrepair. (documents were included in the Council packet). Ms. Melton questioned the possibility of TIF assistance. Mayor Kimble explained the TIF application process. Because the building owner was notified as far back as 1985 that repairs were necessary, it was determined the condemnation proceedings should proceed. However, the action would be stayed until the March 16` meeting to allow time for Ms. Melton's TIF application to be reviewed. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98 -25 to proceed with the condemnation of 124 N. Main Street, with action stayed until March 16, 1999. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None STAFF REPORTS Police Chief Dauffenbach presented a letter sent to Sandra Cullen, Washington County Transportation Director, requesting consideration of reducing the speed limit on CSAH 12 between Brick St. and CSAH 15. He stated the major construction project, to include stop lights and turn lanes, at the CSAH 12 and CSAH 15 intersection makes this an ideal time to reduce the speed. He submitted an updated City Council Meeting 99 -2 January 19, 1999 to traffic accident report from July 1 -Dec. 31, 1998, for consideration by the County and State of Minnesota. Police Chief Dauffenbach reported Ms. Cullen has informed him the State of Minnesota has completed their reevaluation of the speed limit and deteiuiined it should remain the same. Council directed staff to request a representative of the State attend a Council meeting to explain the determination to not lower speed limits and hear Council's concerns. Community Development Director Russell informed Council the Joint Board will be meeting Wednesday, January 20 He updated Council on various grants available and possible joint purchases with the school district for parkland. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to apply for available grants for parkland. All in favor. Community Development Director Russell also informed Council the Tree Committee has been working with the City Forester on a draft tree ordinance. The draft ordinance will take approximately two to three months to go through the Planning Commission process and will then come before Council. City Coordinator Kriesel presented a request from the Building Official for the purchase of a pick up truck. An amended quote was received from Tousley Ford, White Bear Lake, for a 1999 Ranger. This is equal to the quote from Albany Ford (vehicle plus delivery) that was based on the State of Minnesota contract awards. He requested authorization to purchase from Tousley Ford at the bid price of $16,127. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99 -26 to purchase a 1999 Ranger pickup from Tousley Ford. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None CONSENT AGENDA* Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. All in favor. 1. Resolution 99 -18: Directing Payment of Bills 2. Resolution 99 -19: Establishing night duty pay for part-time fire fighters 3. Temporary on -sale liquor license — City of Stillwater Chamber of Commerce: Blue Moon Fundraiser at Historic Courthouse, Feb. 25, 1999 4. Resolution 99 -20: Appointing chief officials of the City 5. Resolution 99 -21: Rescinding Res. 98 -206, Change Order for signage at St. Croix Valley Recreation Center 6. Exempt permit for Lawful Gambling — United Cerebral Palsy of MN, raffle at Oak Glen Country Club, July 27, 1999 7. Purchase of laserjet printer /envelope feeder — Administration 8. Certificates of Appreciation for service on Boards and Commissions to Diane Rollie, Downtown Parking Commission; Brent Peterson, Heritage Preservation Commission; Leah Peterson, Parks Board; and Kirk Roetman, Planning Commission. 9. Purchase of Case 621C Wheel Loader • • City Council Meeting 99 -2 January 19, 1999 10. Resolution 99 -22: Appointing Delbert Kruse as Public Works Lead Worker 0 11. Authorization to sell fetter, loader, and two lift station pumps— Public Works 12. Resolution 99 -23: Approving transfer of on -sale wine /strong beer license (The Grand) and on -sale and Sunday liquor license (Cat Ballou's) from St. Croix Catering to St. Croix Boat and Packet Co. 13. Resolution 99 -24: Approving 1999 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington County. 14. Contractors license: Kelleher Construction, Inc., Burnsville 15. Approval of Central St. Croix Valley Joint Cable Communications Commission proposed budget FY 1999 16. Hanging of banners on Main, south of Chestnut - City of Stillwater Chamber of Commerce: Taste of Stillwater and Art Crawl, June 4 -21; Fall Colors Fine Art and Jazz Festival , Sept. 17 -Oct. 4; Winter snowflake lights, Nov. 22 — Feb. 14, 2000. III PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the making of storm sewer improvements for what is known as the Wilkins Street Drainage Area, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for the improvements are properties within the following described boundary: The north boundary is West Moore Street, east boundary is North 4 Street, south boundary is West Aspen, and the west boundary is Owens Street. The estimated cost of the improvement is $114,725. Notice of the hearing was published in the Stillwater Gazette on January 8 and 13, 1999, and notices mailed to affected property owners. Shawn Sanders, Civil Engineer, presented an overview of the proposed project. The project was initiated by a letter from Marcie Kilbourne, 216 W. Wilkins Street, regarding drainage problems in her backyard and flooding of basements during major storm events. Staff inspection showed two driveways at the intersection of Fifth and Wilkins were located at the low point of the street causing runoff to flow down the driveways instead of the storm sewer. Several options were considered and staff selected the following as the best methods to correct the problem: 1) install new storm sewer with catch basins, and 2) partial reconstruction of the intersection of N. Fifth and W. Wilkins. Funding would come from an area assessment and the storm water utility tax. Written objections were received from Herbert and Joyce Roettger, 318 W. Wilkins Street; Ed and Lois Studtman, 1422 N. Martha Street; and Sally Studtman, 318 W. Sycamore Street. The Mayor opened the public hearing. Joann Loer, 1114 W. William Street, questioned if the filling of the lot at 4 and William for new construction and the large addition to Good Samaritan could have caused this problem by increasing runoff and eliminating ponding areas. Jim Nelson, 1411 N. Carnelian, questioned if he was in the watershed area. His property drains to the west. Mr. Sanders explained the boundaries for notification were by street boundaries. The actual area to be assessed is an irregular boundary, as shown on a map included in the Council packet. Mayor Kimble stated it appeared Mr. Nelson's property was not included in the assessment area. Marcie Kilbourne, 216 W. Wilkins, requested assurances the project would fix the drainage problems so that she could make plans for completing her property. Staff explained no guarantees can be made 3 City Council Meeting 99 -2 January 19, 1999 because the intensity of major storm events cannot be controlled. Mr. Sanders stated she will need to discuss her plans with staff when the actual project plans are drawn. Mr. Loer, 1114 W. William Street, requested clarification on assessment areas. He stated Carnelian drains to William Street. He also requested City crews more frequently clean out the catch basins. The Mayor closed the public hearing. Councilmember Thole stated he owns rental property in the project area. He requested a recommendation from the City Attorney if he can participate in the vote or should abstain. Mr. Magnuson recommended abstaining from the vote. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 99 -27 ordering Improvement and Preparation of Plans and Specifications for Wilkins Street Storm Sewer Improvement, Project 9808. Ayes: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Nays: None Abstain: Councilmember Thole Recessed at 8:40 p.m. and reconvened at 8:55 p.m. UNFINISHED BUSINESS 1. Lily Lake Water Quality Feasibility Report. At the previous Council meeting, staff presented an update on the status of the Lily Lake Water Quality Project. Council directed staff to develop a funding mechanism and return with a report. Mr. Sanders presented a preliminary estimate for the four areas of the project that would eventually improve the water quality of Lily Lake: (Phase I) Lake Street Ravine, $121,000; Northwest Diversion and Treatment Pond, 92,000; (Phase II) Greeley /Churchill Diversion and Treatment Pond, 5355,000; and (Phase III) Pine Tree Trail Diversion, $72,000. Options for funding include assessments, State Aid assistance, grants, and storm water utility fund. State Aid has indicated they will fund 55% of all project costs, except for the Pine Tree Trail Diversion. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99 -28 receiving the report and calling a hearing on the Lily Lake Water Quality Project for March 2, 1999. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Update: Perro Pond Middle St. Croix Water Management Organization Improvement Project. Mr. Sanders updated Council on the improvements to Perro Pond and its storm sewer piping through the City of Bayport. A grant was awarded to Bayport to pay for the pre - construction study. The Legislature required the City of Bayport to submit the study to the House Judiciary Finance Division at the 1999 Session. SEH completed the study and it has been submitted to the Legislature, Senator Laidig and 4 • • City Council Meeting 99 -2 January 19, 1999 Representative Holsten. The study determined the project is replacing an existing and failing State of Minnesota storm sewer system. Mr. Sanders will provide an update following legislative action. NEW BUSINESS 1. Possible appointments to Library Board. Clerk Weldon presented the applications for the Library Board of Trustees. There are currently three vacancies. Two members have requested reappointment. The Library Board had interviewed all candidates and recommended re- appointing Victor Myers and Patricia Lockyear and appointing John Baird to fill the vacancy of Sheila Maybanks. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 99 -29 appointing John Baird and re- appointing Victor Myers and Patricia Lockyear to the Library Board of Trustees. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Possible appointment of a primary representative (Councilmember) to the Central St. Croix Valley Joint Cable Communications Commission. City Coordinator Kriesel stated the City has two primary representatives and an alternate serving on the Commission. One member must be an elected official. Currently, Ann Bodlovick is serving as a primary representative (term to expire January 2000) and Gary Talbot was re- appointed to the alternate position at the last Council meeting. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 99 -30 appointing Eric Thole as primary representative to Central St. Croix Valley Joint Cable Communications Commission. All in favor. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. 1998 Pay Equity Report. City Coordinator Kriesel presented the Pay Equity Implementation Report for 1998, prepared by Chantell Kadin, Administrative Assistant/Personnel Coordinator, that is required to be submitted to the Minnesota Department of Employee Relations prior to January 31, 1999. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the Pay Equity Implementation Report and directing staff to forward the report to the Minnesota Department of Employee. Relations. All in favor. 4. Y2K Work Plan. On January 12, 1999, the Y2K Committee held a workshop to discuss Y2K issues within the City. The Committee followed recommendations in the League of Minnesota Cities' Year 2000 Action Guide, in developing its plans. He requested Council adopt the submitted workplan. 5 City Council Meeting 99 -2 January 19, 1999 Motion by Councilmember Zoller, seconded by Councilmember Thole adopting the workplan for the Y2K Project. All in favor. 5. Contract with McLeod USA for long distance and local telephone access. City Coordinator Kriesel presented a memo from Administrative Assistant Kadin recommending approval of a telecommunications service agreement with McLeod USA for a period of 60 months. The contract rates show a potential savings over US West and AT & T. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98 -31 approving the contract with McLeod USA for long distance and local telephone access. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 6. Possible first reading of an ordinance establishing a moratorium on adult entertainment uses City Attorney Magnuson explained the Planning Commission is currently studying zoning issues related to adult entertainment uses. The moratorium would prohibit the establishment of adult entertainment uses until the Planning Commission has completed its study. The moratorium would be for one year, although it could be extended another eighteen months if necessary. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of an ordinance establishing moratorium on adult entertainment uses. All in favor. STAFF REPORTS (continued) City Coordinator Kriesel presented a letter from Wendy and Jerry Wiese, 2601 Hawthorne Lane, for damage from sewer problems and the repair of the sewer. According to the letter, the blockage was caused by roots from a city -owned tree on a city boulevard and the blockage was in the city main, not in their service line. He requested authorization to submit the claim on an expedited basis. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to submit a claim from Wendy and Jerry Wiese to the insurance carrier. All in favor. City Attorney Magnuson stated correspondence regarding public use of Quarry Path was included in the Council packet. No action is necessary at this time; he will keep Council informed. City Coordinator Kriesel reported an invitation was received the U.S. Department of Transportation to attend a meeting regarding the disposition of the lift bridge as part of the new St. Croix River Crossing project. It will be held Friday, Jan. 22, 1999, at the Washington County Historic Courthouse. Mr. Kriesel also reported the solid waste contract with Waste Management, Inc., expires December 31, 1999. There is a provision in the contract for the re- negotiation of possible extensions. Ron Gersdorf, Waste Management, Inc., has requested a meeting with Council at 4:30 p.m., Tuesday, February 5 `h . Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to begin the re- negotiation process for the solid waste contract. All in favor. 6 • • r • ADJOURNMENT • City Council Meeting 99 -2 January 19, 1999 Motion by Councilmember Bealka, seconded by Councilmember Thole to adjourn at 9:43 p.m. to executive session to discuss labor negotiations. All in favor. Attest: Mr. Kriesel requested adjournment to executive session to discuss labor negotiations. City Clerk Resolution 99 -18: Directing Payment of Bills Resolution 99 -19: Establishing night duty pay for part-time fire fighters Resolution 99 -20: Appointing chief officials of the City Resolution 99 -21: Rescinding Res. 98 -206, Change Order for signage at St. Croix Valley Recreation Center Resolution 99 -22: Appointing Delbert Kruse as Public Works Lead Worker Resolution 99 -23: Approving transfer of on -sale wine /strong beer license (The Grand) and on -sale and Sunday liquor license (Cat Ballou's) from St. Croix Catering to St. Croix Boat and Packet Resolution 99 -24: Approving 1999 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution with Washington County. Resolution 98 -25: to proceed with the condemnation of 124 N. Main Street, with action stayed until March 16, 1999. Resolution 99 -26: to purchase a 1999 Ranger pickup from Tousley Ford. Resolution 99 -27: ordering Improvement and Preparation of Plans and Specifications for Wilkins Street Storm Sewer Improvement, Project 9808. Resolution 99 -28: receiving report and calling a hearing on the Lily Lake Water Quality Project for March 2, 1999. Resolution 99 -29: appointing John Baird and re- appointing Victor Myers and Patricia Lockyear to the Library Board of Trustees. Resolution 99 -30: appointing Eric Thole as primary representative to Central St. Croix Valley Joint Cable Communications Commission. Resolution 98 -31: approving the contract with McLeod USA for long distance and local telephone access. 7 Mayor 1 • • TO: Mayor and Council FR: City Coordinator RE: 1999 Legislative Session DA: January 28, 1999 MEMORANDUM Discussion: Senator Gary Laidig will be at the meeting Tuesday to update the Council on the 1999 Legislative session and to receive your input on legislation you feel is important for the City of Stillwater and local government in general. I would recommend that the Council ask Senator Laidig (and Representative Holsten) to consider the following: 1. Reveal of sales tax for local eovernment purchases. The sales tax was applied to local govermnents about 7 -8 years ago when the State was suffering from a huge budget deficit and needed to create new revenue sources. However, given the current budget surplus ($1.5 - $2 Billion!!!) that has developed, in part because of this additional revenue source that is costing the City of Stillwater $80,000 to $100,000 a year, I think it would be only appropriate for the Legislature to repeal the sales tax for local govermmental purchases. 2. Elimination of low limits. The Legislature reinstated the levy limit provision about 4 -5 years ago after requiring local govermnents to pay the sales tax. Under current law, levy limits expired for taxes levied after 1998 (payable 1999). However, HF 303 would extend levy limits two years for taxes levied in 1999 (payable 2000) and 2000 (payable 2001). It would be unfair to local governments to have to live with levy limits unless the Legislature refrains from enacting legislation that requires more spending, and/or does not repeal the sales tax requirement for local government. 3. Repeal of Truth in Taxation Hearings. Several years ago the Legislature enacted the "Truth In Taxation law ". Cities are required to adopt a proposed budget, publish notice of a hearing and then conduct a hearing on the budget. Hearings on the budget have always been a procedure followed by the City of Stillwater and I am sure by almost every local government. The problem with the current law is that the budget cannot be increased after the Council adopts the "proposed budget ". The proposed budget must be adopted by a certain date (usually on or before September 15 Cities usually do not have all of the budgetary information available to them at the time the proposed budget is adopted and even if an increase in revenues were available the city would not be able to increase the expenditure budget. adopted and even if an increase in revenues were available the city would not be able to increase the expenditure budget. Further, the City of Stillwater spends about $2500 - $3000 each year in publishing costs and in staff time to prepare all the schedules forms, etc., required for the Truth In Taxation process. The County is also required to send out special tax notices and I am sure the cost to do so is substantial. I could probably understand the need for Truth In taxation if local governments were not subject to levy limits. 4. Extend Truth In Taxation requirement to all taxing authorities. If the Legislature finds it necessary to continue Truth In Taxation requirements I believe it would be appropriate to have the law apply to all taxing jurisdictions. For example, the Truth In Taxation proposed tax statement I received from the County indicated that my taxes were to increase by $84.81 because of "Other Special Taxing districts" for payable 1999. It is my understanding that the bulk of this increase was due to the levy of the Browns Creek Watershed District (BCWD). However, the tax statement also contained a message that no meeting was required for BCWD taxing authority. I find it interesting that the taxes from all other taxing jurisdictions (i.e.. city, county and school) that are subject to Truth In Taxation requirements actually decreased by $84.00 but that due to the taxes levied by BCWD ($86.16) my taxes actually increased. And as I indicated no hearing was required for the jurisdiction that caused my taxes to increase. Perhaps this is a good argument to retain Truth In taxation. If so, then all jurisdictions should be subject to the law. 5. Y2k. Local governments will find it necessary to spend a considerable amount of dollars and staff time to make sure that they are not adversely impacted by Y2k problems. Again, cities are subject to levy limits and we were not able to levy or budget for the cost associated with Y2k (it will need to come out of the fund balance). I believe the Legislature should provide cities with funds to assist in preparing for Y2k. This could be one of the uses of the state budget surplus. 6. Additional On -Sale Liquor licenses. The Council may want to consider seeking special legislation to obtain additional on -sale liquor licenses. Presently no additional licenses are available. The only other way to increase the number of licenses would be to put this question on the ballot at a regular or a special election (special elections cost about $6000 to $10,000). 7. Special funding. Staff has identified several projects that would benefit the city and surrounding area. Support for special legislation to obtain financing assistance would be appreciated. /;7 Y • • From: A!: M To: Nile Kr,ese AMM FAX N1RJS A3131 Far New is faxed periodically w all AMU city managers and administrators. The information is intended to be shared with mayors, councilmernbers and staff in order to keep o abreast of important metro city issues. cc%Copyright 1999 .4.11M 145 University Ave. IV St. Paul, AIN 55103-2044 Phone: (651) 215 -4000 Fax: (651) 281 -1299 E- snail: amnuaanun145.org January 25 -29, 1999 Cate: 1127199 Tirr.e 6 31 4C PM Page 2 of 2 'Ceti Association of Metropolitan Municipalities Levy limits, Advisory Council proposals introduced in House R ep. Ron Erhardt (R- Edina) and Rep. Henry Todd Van Dellen (R- Plymouth) introduced legislation (HF 303) on Jan. 27 that would extend levy limits two years for taxes levied in 1999 and 2000. Under current law, levy limits expired for taxes levied in 1998. The bill was referred to the Tax Committee and will probably be debated in the Property Tax Divi- sion, which is chaired by Rep. Erhardt. AMM and the League of Minne- sota Cities (LMC) oppose levy limits. To assist us in advocating the AMM position it is important that you provide your legislator with information regarding your city's levy history and discuss the Truth - in- Taxation process and local procedures that are used to inform constituents of the proposed city budget and levy. Rep. McElroy, a member of the Local Government Advisory Coun- cil, has introduced HF 313 which incorporates the recommendations of the Advisory Council. The bill includes provisions to authorize representatives of the Minnesota and Wisconsin counties (collar) adjacent to the metropolitan area to be non - voting affiliate members of the Metropolitan Council. The bill also provides for collar county non - voting representation on the Transportation Advisory Board (TAB) and requests the legislative auditor to study the merger of the regional agencies into the Metropolitan Council. The bill proposes an unspecified appropriation to the Board of Government Innovation for grants to encourage metro local govern- ments to enter into joint power agreements with other local govern- ments to provide services more effectively and efficiently. The bill has been referred to the Local Government Committee. Legislators to discuss elimination of sales tax he House Tax Committee will discuss the bills to repeal the state sales tax on local govern- ments on Friday, Jan. 29. As of Wednesday, approximately 10 bills have been introduced on the issue. The committee will not take action but the discussion can give an indication if the repeal will be part of the Omnibus Tax Bill that will be developed later this session. JAN 29 '99 1a: 7AM LEAGUE OF MN CITIES LMC Leap*, o f Minnasoka C,t.a, Cit.•r po.,ot.,y exeJJ..ro Governor recommends replacing LGA and HACA, extending levy limits Gov. Ventura announced his budget recommendations for the 2000 -2001 biennium yesterday. The centerpieces of his budget are a billion dollar sales tax rebate and a permanent income tax cut. But what will impact city governance most directly are his proposals to extend levy limits and to sunset most major city and county aid programs including LGA and HACA. Gov. Ventura's budget summary states: Minnesota's property tax and local aid system is overly complex and it makes localities less accountable for their local revenue raising and spending decisions. State pay- ments in local aid help shield taxpayers from the true cost of local spending. Too much aid is distributed without understandable rationale—without regard to either a jurisdiction's relative wealth or need. The governor recommends estab- lishing a Tax Reform Study Com- mission to devise a new intergov- ernmental finance system that: • Better targets assistance to individuals who need property tax relief; • Reallocates local government aids so property tax burdens are more fairly distributed among different types of property and regions of the state; and, FRIDAYFAX Number 4 A weekly legislative update from the League o1 Minnesota Cities January 29, 1999 • Better targets aids to local governments based on pro- gram needs and local revenue capacity. The commission's recommenda- tions will be included in the governor's F.Y. 2002-03 budget. The governor's budget calls for the continuation of levy limits until the new system is in place. The governor's budget does not in- clude the repeal of the sales tax on local government purchases. The governor's budget also includes new transit funding. He recommends $60 million for light rail and $18.6 million for greater Minnesota transit and Metro Mobility operations. The governor recommends cutting the Motor Vehicle Registration Fee by nearly $200 million per year. The gover- nor recommends covering the deficit this would cause in the highway user tax distribution fund with general fund transfers. The budget includes $16 million for the Minnesota Housing Finance Agency for programs to retain affordable rental housing that promotes self- sufficiency, and to develop new affordable housing in cooperation with private and nonprofit entities. Proposed budget cuts include $22 million for the Dislocated Worker Fund at the Department of F Trade and Economic Development. The money would be transferred to the general fund to pay for other services that benefit dislocated workers. Funding for the Board of Government Innovation and Cooperation would be eliminated. The bulk of new spending recom- mended by the governor is in the areas of K -12 and higher educa- tion, which would receive $561 million and $248 million respec- tively. The governor also recom- mends using $1.3 billion in one- time tobacco settlement revenues to establish endowment funds to improve the health of the citizens of the state and to conduct medical research and education. Sales tax repeal bill hearing The House tax committee is hearing H,F.52, authored by Rep. Bill Haas (R- Champlin) that would reinstate the sales tax exemption for local govern- ment purchases. No action is expected to be taken on the bill today. We will report on the hearing in next week's Cities Bulletin. :.. .....�,..� emu member of the League of .Minnesota Cities intergovernmental Relations team. • From: AMM To: N Ie Kriese! AMM FAX • NEWS January 25 -29, 1999 (no. 2) For Your Info HOUSING PRESERVATION The Minnesota Housing Finance Agency (MHFA) would receive $16 million in new funds under the governor's budget. Of the total new funding, $10 million is for the continuation of the housing preser- vation program begun last year. The remaining funds are for the community rehabilitation fund which is used for home ownership projects. TRANSIT PROJECTS The governor's budget includes a set -aside of $60 million for the Hiawatha Corridor and $15 million for metro transit. The set -aside is contingent upon the development and imple- mentation of the corridor plan AMM Fax News is faxed periodically to all AMM city managers and administrators. The information is intended to be shared with mayors, councilmembers and staff in order to keep officials abreast of important metro city issues. O Copyright 1999 AMM 145 University Ave. W St. Paul, MN 55103 -2044 Phone: (651) 215 -4000 Fax: (651) 281 -1299 E -mail: amm@aamin145.org Date. 1129199 Time: 8.37:34 PM Page 2 of 2 G ovemor Ventura's biennial budget proposes a modest increase in spending (2.9% percent annually), permanent reductions in the personal income tax and license fees, and increases in education funding. In addition to the appropriations, the budget outlines several policy initiatives relating to state programs. The gover- nor is requesting the establishment of a Tax Reform Study Commission that will be charged to examine the state tax system and the intergovernmental finance system. Specifically, the govemor is propos- ing that the state local aid system be reformed based on recommendations made by the commission. To encourage the reform, the governor recommends that in state fiscal year 2002, there will be a Transition Aids Account. The account will include, but not be limited to, the appropriations made for property tax refunds, local government aid, HACA, Mondale appointed T ed Mondale was appointed by the governor as the chair of the Metropolitan Council. Mondale assumes the chair Feb. 1, 1999. In a discussion with AMM staff, He said the Council must quickly resolve the region's transportation issues so federal funding can be obtained. He is also interested in removing barriers to affordable housing and redevelopment. Within the next few weeks, the AMM will sponsor an informal discussion with Mondale. Details will be available next week. Association of Metropolitan Municipalities Governor: Let's reform LGA and continue levy limits the education homestead credit, criminal justice aid and family preser- vation aid. The method of distribution from the account will be part of the governor's budget in 2001. Levy limits continue until the new system is in place. The proposal eliminates the indi- vidual aid programs to cities, counties and individuals. The governor wants the commission to develop a system that: 0 Targets individuals who need assistance. • Reallocates local aid programs more fairly. 0 Reallocates aid programs to jurisdictions with low tax capacity and program needs. A bill incorporating the Ventura's recommendations should be introduced shortly. AMM staff is in contact with the governor's office and is attempting to arrange a meeting to further discuss the proposal Bill tracking reports will be ready soon A s noted last week, the AM M's web site (www.amm145.org) features a legislative bill tracking system. Unfortunately, we are still working out some bugs with our automatic fax and e -mail system and will not be able to distribute the reports to the legislative contacts, managers /administrators and Board members until late next week, at the earliest. However, you can still download a report if you visit our site. January 29, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer SUBJECT: Discussion of Lily Lake Improvement Project Phasing DISCUSSION: Memorandum ILA✓ Attached is a letter from Bill Fierke of the Save Lily Lake Committee. Mr. Fierke was disappointed to find that the Council intent was to hold off on Phases 2 and 3 of the Lily Lake Water Quality Project until a future date. It was Mr. Fierke's understanding that the Council had ordered all phases be constructed. Staffs understanding was that Council concurred with the concept of constructing all three phases, but directed staff to proceed only with Phase 1 at this time. Mr. Fierke will probably be attending the City Council meeting to discuss this issue. There are two factors that led staff to recommend to Council proceed with Phase I at this time. First, we discussed the extra cost of constructing Phases 2 and 3 independent of a street reconstruction/rehabilitation project. Both of these phases involve disturbing City streets which currently are not ready for rehabilitation. Staff suggested that we wait on Phase 2 and 3 until a street rehabilitation is more justified. Staff suggested that there could be as much as another $150,000 in costs to proceed with Phases 2 and 3 immediately. The second issue that staff considered in making this recommendation was the possibility that new innovations or option may become apparent as we monitor the performance of the Phase 1 project and explore other alternatives. Staff recently had a brainstorming session where we attempted to identify other opportunities for water quality enhancement to Lily Lake. We did identify several possibilities including the addition of upland ponds, erosion control along the Highlands developments, additional consideration of alum treatment, and development of community education programs. One concept that staff discussed regarding funding of improvement projects is the concept of a Lily Lake watershed wide assessment or special taxing district. If the City Council did want to proceed with excelerating the phases, and give consideration to possible additional enhancement, and performance monitoring the Council may wish to have the entire 500 -acre watershed participate. This option would affect three wards plus approximately 40 acres of Oak Park Heights. It is estimated that there are over 1200 households in this area as well as several dozen businesses. Both a Lake Watershed assessment and special taxing district would require public hearing. In addition, cooperation with Oak Park Heights would be required. This concept does have some significant benefits. It would spread the cost of lake improvement across all of the property that causes impact to Lily Lake. Also, it would insure sufficient revenues to cover not only the proposed projects, but also additional projects that might be necessary in the future. It is estimated that at the typical assessment rate of 0.045 per square foot funds on the order of $900,000 - $1,000,000 would be raised. This revenue plus revenue from Municipal State Aid and Storm Water Utility Funds could approach of $1.4 million in total revenues. Such a revenue stream would support a list of project similar to that shown here: Phases 1 -3 Highlands Outfall Lake Outfall Dredging Pond Dredging Alum Treatments Monitoring Program Additional Engineering TOTAL ITEM RECOMMENDATION: ACTION REOUIRED: COST $640,000.00 $140,000.00 $160,000.00 $180,000.00 $100,000.00 $40,000.00 $100,000.00 $1,360,000.00 Mr. Fierke will be present at the City Council meeting under Petitions, Individuals and Delegations requesting that the Council proceed with all three phases. It is recommended that City Council consider Mr. Fierke's request, but also discuss the possibility of a Lily Lake Watershed Improvement District. Council should consider the options present and give staff direction regarding the upcoming public hearing proposed for March 2' Should the hearing proceed or should it be postponed until Council considers the other possibilities. • • To: Mayor Jay Kimble and City Council From: Save Lily Lake Committee Bill Fierke, Co -chair January 25, 1999 We request that you reconsider the feasibility report accepted by you on January 19, 1999. The report requires the residents to pay almost all the costs of cleanup, and to be deprived for many years of over half the benefits for which they are to be assessed. Total State Net now Change Cost Aid Planned Recommended Phase 1: 100% 55% 45% 45% NW diversion and filling of Lake Street ravine $213,000 $117,150 $95,850 $95,850 Phases 2 and 3: Churchill /Greeley and Pine Tree Trail diversions $427,000 $234,850 $192,150 $192,150 Total cost $640,000 $352,000 $288,000 Estimated savings for delay of phases 2 and 3 ($150,000) ($82,500) ($67,500) Total cost $490,000 $269,500 $220,500 $288,000 To be assessed to residents $203,000 $203,000 To be paid from Storm Water Utility Fund $17,500 $85,000 The assessments of $203,000 represent the residents' share of all three phases and are to be taken up front. As now planned, $95,850 is to be disbursed to pay for Phase 1. The City will receive interest on the balance of $107,150 until the funds are disbursed for Phases 2 and 3. The accumulating interest will pay any increased costs that occur in the delayed phases, insuring that the City will not incur any expense. Meanwhile, the residents will have paid their entire share but will be deprived of any benefit on $107,150 of their $203,000 until Phases 2 and 3 are completed up to 10 years from now. Our committee feels that it is not fair for the City to ask residents to pay their share of all phases now when 2 of the 3 phases are to be put off for up to 10 years. A better solution is to make the full assessment as now planned and proceed with all three phases of the cleanup now. We don't think it is responsible to delay half of this project for up to 10 years. Phosphorus and sediment would continue to pour into the lake for up to 10 more years. While it may save $67,500 to delay, at a modest rate of 3 1/2 %, costs will increase more than $50,000. Over ten years, the difference is only $1,750 per year. We spend $30,000 per year to maintain a beach. Add $1,750 and we get a beach people will use. Our committee has worked for 3 years to find the lowest -cost way to fix Lily Lake and make a permanent improvement to the City of Stillwater. The plan is ready. The $203,000 and $85,000 will pay the cost of $288,000. We ask that all three phases be authorized now so that our citizens can have a swimmable lake as soon as possible. • • LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99 -32 A T & T Wireless Ace Hardware Action Rental Adirondock, Direct Amdahl, Chris Assn of Training Officers of MN Batteries Plus Bell, Tim Berkley Administrators Bonestroo, Rosene, Anderlik & Assoc Brad Ragan, Inc Cahanes, Doug Camas Capitol City Regional Firefighters Assn Cargill Chemsearch Clarey's Courier Croix Oil Crysteel Truck Equipment Dalco Dauffenbach, Larry Del's Stillwater Delta Dental Desch, Mark & Gloria Dorsey & Whitney Ecolab Edward Don & Company Equipment Supply Express Photo Franklin Covey Goodin Company Grand Prix Vending Greeder Electric Ikon Office Solutions Industrial Door Insight Johnny's TV Johnson, Jeff Kadin, Chantell Kennedy Transmission Krongard Construction Lind, Gladys Magnuson Law Firm Maple Island Hardware Maple Island Hardware Cellular Services Supplies Storage Space Rental Workstation Lock Repair Membership- Peterson Phone Cord Rescue Equipment Worker's Compensation Insurance McKusick Lake /Market PI/Watershed Model Tires - Squads Bails of Straw Sand /Salt Membership Dues Salt Wall Cleaner Battery Pack/Lens Ad- Senior Account Clerk Oil Dump Box Battery Powered Sweeper Vehicle Registration Chainsaw Sharpening Dental Insurance -COBRA Parking Lease /Maintenance Legal Services -Bond Issues Pest Control Paper Products Maintenance Agreement/Furnace Repair Photo Finishing H/R Supplement Rail Tees Concession Supplies Signal Repairs Maintenance Agreement- Copiers Door Transmitters Keyboard Adapter /Printer Tape Recorders Room Tax - Seminar Phone Cords /Mileage Transmission Repairs Grading Deposit Refund Land Purchase Legal Services Supplies Supplies 24.42 516.00 135.00 342.25 92.20 25.00 24.99 69.19 15,749.25 18,122.23 373.26 28.00 1,394.70 35.00 3,282.68 141.05 87.26 40.00 234.97 13,879.42 2,976.68 9.00 5.00 42.65 979.65 5,500.00 227.92 188.70 1,679.10 42.14 9.33 76.06 105.00 691.00 4,095.08 287.92 1,824.47 383.34 20.00 54.87 1,885.38 1,500.00 927.00 7,938.38 41.66 20.63 Menards Metro Area Management Assn Mid - States Organized Crime Info Center Minn Blue Digital Minneapolis Telecommunications Network MN Department of Administration Munici -Pals Northwestern Tire Norwest Bank On -Site Sanitation Oxygen Service Packaging Store PC World Pilquist Auto Parts POLICE -Law Enforcement Magazine Quantum Digital Redfand Insurance Rick's 36 Automotive Ron's Cabinets Shorty's Smith & Nephew St Croix Animal Shelter St Paul Pioneer Press State of MN Bookstore State of MN Bureau of Crime Amp Stillwater Ford Stillwater Gazette Streicher's Thoennes Plumbing & Heating Tomten Environmental Design Tower Asphalt Turning Pointe Business Products U S Postal Service United Building Centers Valley Trophy Vicom Viking Office Products Wardell, Leslie Washington County Washington County Public Works Washington County Sheriff Waste Management Watson, Dennis Wear Guard Workwell Occupational Health Wybrite Zee Medical Service Ziegler Park Supplies Membership Dues Dues /Membership Fees Plotter Paper /Digital Roller Web -Site Upgrade Microfilming Membership Dues Truck Tires/Washer Fluid Paying Agent Fees Portable Restrooms Welding Supplies Ship Evidence Back Subscription Renewal Wheel Subscription Brochure Printing Flood Insurance Front -End Alignment Drawer Laundry Markers /Floats 4th Qtr Shelter Fees Ad- Patrol Officer 1998 State Statutes CJDN Connect Charges Brake Light Repair Ad- Patrol Officer /Secretary Dispatch Gloves Storm Sewer Repair Plan Review /Meetings /ADU Ordinance Application #4 -1998 Streets Business Cards - Kimble Presort Fee Dowels Name Plate Install Phone Jack Adapters Office Supplies DARE Graduation Supplies Parcel Listing Traffic Services MDT Rental Garbage Bags Sold /Commercial Service Programming Services Parka Vaccine Computer Maintenance Agreement Safety Supplies Repair Parts /Core Credit 375.30 45.00 1111 150.00 192.62 125.00 299.24 10.00 312.31 1,587.50 43.42 226.52 72.46 24.95 35.00 23.95 338.10 2,707.00 29.95 45.00 95.75 2,004.23 1,560.96 235.29 228.98 390.00 • 39.46 111.60 29.95 145.54 380.00 147,463.55 48.99 100.00 13.98 8.20 381.50 29.34 118.79 287.50 32.25 7,365.00 247.00 777.50 243.73 40.00 2,262.00 13.74 1,225.84 MANUAL CHECKS-JANUARY 1999 III Delta Dental MN Department of Public Safety • ADDENDUM TO BILLS Air Touch Cellular * Anderson, Richard & Don * Anderson, Richard & Judith Aspen Mills * Bureau, Robert & Theresa Cates Construction Clog Un- Boggler Courier Coverall Cleaning Concepts Dakota County Technical College Edward Don & Company Emergency Apparatus Fritz Company George Olsen Construction * Golish, Lucy * Harvieux, David & Kathryn * Hof, George & Nancy * Huelsmann, Richard Jansen Cleaning Service * Keech, Joanne * Kennedy, Raymond & Patri * Koester, Scott & Kathleen Kriesel, Nile * Krinkie, David & Diane Lakes Gas Company Legislative Associates Lehmicke Construction * McKenzie, Donald & Rosemary Midwest Coca Cola MN Department of Natural Resources MN Mayors Association Northern States Power O'Connor, Roger * Peterson, Donald & Verna * Peterson, Richard & Leah * Putman, Michael & Diane Rogness, Katherine Shilts, Cynthia * Spangler, William & Rita Stillwater Petty Cash Stillwater Sunrise Rotary Superior Coffee & Foods * Thomas, Sally U S West Communications COBRA Dental Insurance - Beberg Title /Registration/Tax & Plates Cellular Services 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate Uniforms - Zeuli/Nobles /Johnson 1998 Annexation Property Tax Rebate Grading Deposit Refund Sewer Line Cleaning Publication- Meeting Minutes Cleaning Services -City Hall Mn Vehicle Inspector - Recertification Paper Products Vehicle Repair Concession Supplies Lily Lk Arena Repairs /Replace Door - Prison 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate Bolier Maintenance /Maitenance- Prison 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate Coffee /Supplies /Mileage 1998 Annexation Property Tax Rebate Propane Lobbyist Services Snowplowing -St Croix Rec Center 1998 Annexation Property Tax Rebate Soft Drinks Application Fee -Lily Lake Association Dues Electric/Gas /Street Lighting Shovels 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate 1998 Annexation Property Tax Rebate Mileage /Parking Chapter /NWBIA Dues 1998 Annexation Property Tax Rebate Replenish Petty Cash - Postage Membership - Kriesel Concession Supplies 1998 Annexation Property Tax Rebate Telephone 42.65 1,453.15 11.73 49.58 279.94 259.42 246.99 1,500.00 85.00 69.35 2,369.63 55.00 171.02 1,395.75 421.25 7,192.00 203.41 310.87 510.46 981.46 1,554.00 156.20 387.00 115.05 162.69 241.88 74.55 4,400.00 5,155.00 315.58 1,099.92 140.00 20.00 34,119.16 50.00 237.71 263.40 608.38 18.50 30.00 179.12 3.52 115.00 267.00 179.74 2,274.33 Viking Office Products Wash Soil & Water Conservation District Wet -Tek * White, Sidney & Louella Wittek Golf Supplies " Woessner, Ronald & Marsha Subject to obtaining Taxpayer Identification Numbers Adopted by the City Council this 2nd day of February, 1999 Office Supplies Lily Lake Monitoring Chemical Treatment - Cooling Tower 1998 Annexation Property Tax Rebate Golf Supplies 1998 Annexation Property Tax Rebate TOTAL DUE: 75.91 630.00 538.45 141.14 3,939.94 286.39 $334,020.04 • • • • RESOLUTION NO. 99- RESOLUTION AMENDING RESOLUTION NO. 96-17 ORDERING PREPARATION OF REPORT ON LILY LAKE STORM WATER/WATER QUALITY TREATMENT WHEREAS, it is proposed to improve the water quality of Lily Lake and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to Short, Elliott, and Hendrickson for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ATTEST: Adopted by the Council this 2 " day of February, 1999. CITY CLERK MAYOR • Memorandum To: Mayor Kimble and City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 01/27/99 Re: New Squad Car Radios I would like permission to order new squad radios. We have selected Motorola Spectra A -5 radios to replace the current outdated radios in the marked patrol units. I have received two price quotes. The quote includes radios and hardware, program ning, shipping and installation. ANCOM Conununications $19,814. The second quote is from R & D communications at $20,260. If the radios were ordered now they could be installed at the same time the new squad cars arrive. Money has been placed in the 1999 to cover this expense. ............ I recommend purchasing radios from low bidder ANCOM communications. 01/28/99 08:42 FAX 8127554111 DATE: 8 -Dec-98 SOLD TO: Chief Larry Dauffenbach Stillwater Police Department 212 North 4th Street Stillwater, MN 55082 CONTACT: Chief Larry Dauffenbach PHONE: 612.351.4901 Options 6 8 6 Quote Only Post it' Fax Note 767 "To DEAN DANINGER Phone 0 Fax it A QUANTITY DESCRIPTION UNIT EXTENDED SPECTRA AS MOBILE VHF Hiah Power Remote Mount * 'Includes: -- Speaker with 8 Foot Cable — Weather Resistant Microphone — Antenna —10 Foot Negative Ground Power Cable — Operators Manual -- Mounting Hardware —8 Character Alphanumeric Display Sales: Dean R. Daninger Phone: 612.755.3377 Fax: 612.755.411 1 Auxiliary Switch Panel $155.00 3930.00 Electronic Siren/PA (does not include siren bell) $599.00 $3,594.00 ""TOTAL EQUIPMENT INVESTMENT 518,564.00 TAX 0 6.5 % FOR MINNESOTA - CALCULATE & ADD $0.00 Shipping and Delivery 350.00 Programming $0.00 Installation $1,20000 GRAND TOTAL 1519.814.00 1 Dean R. Daninger Ancom Communications, Inc. 612 - 755 -3377 pages.- Phono $2.340.00 $14,040.00 001 0 MOTOROLA Authorized Two-wey • Radio Uc, r 1800 East Chrr Road • Su: c. 17A • Rui•usctll. -, MN 55337 • 612 • RO66 • 0033 • fax 612 • /SOB • 0034 01/26/99 08:48 TX /RX NO.2570 P.001 • • • R & D COMMUNICATIONS, INC. PO Box 421 Roger, MN 55428 PH. 612- 428 -7535 FAX 612- 428 -7886 We are please to submit the following cost estimate: Job Description: Mobile radio LABOR HOURS DESCRIPTION programming shipping Installation Date: Job Number: JOB ESTIMATE 26- Jan -99 Stillwater Police Department 212 North 4th Street Stillwater, MN 55082 ATTN: Chief Larry Dauffenbach MATERIALS I PRICE QUANTITY( DESCRIPTION (TOTAL 6 1 Spectra A5 High Power Radio $2,375.00 1 $14,250.00 I with Rear Head options I Standard Options 61 Siren /PA $600.00 $3,600.00 6 1 Switch Panel $165.00 1 $990.00 1 � I 1 I TAX c 6.5 %. I $0.00 I j 1 Materials Total $18,840.00 !CHARGES Labor total Total estimate TOTAL $75.00 $50.00 $1,295.00 $1,420.00 $20,260.00 AUTHORIZING PURCHASE OF SQUAD CAR RADIOS WHEREAS. two quotes have been received for the purchase of squad car radios for the Police Department; and WHEREAS, ANCOM Communication is the lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of six squad car radios for the Police Department at a price of $19,814 is hereby approved. Adopted by Council this 2 " day of February, 1999. ATTEST: Morli Weldon, City Clerk Jay Kimble, Mayor • • Memorandum To: Mayor Kimble and Stillwater City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 01/26/99 Re: 1999 New Squad Car Purchases I would like permission to order three new police squad cars. Superior Ford again has the state bid for Ford Crown Victoria police interceptor package squad cars. The cost per unit is $20,368. One of the squads will be ordered in a non-traditional police color "Unmarked." This would allow for better traffic enforcement and surveillance. Money has been placed in the 1999 budget for three police squads. 1 JAN -21 -1999 09 :33 FROM SUPERIOR FORD TO AO FAX TO: .9, y 4 .c rr- g3ACi/ 1 OF PAGES SENT / TO: STILLWATER POLICE DEPT. YEAR 99 MODEL CROWN VIC POLICE INTERCEPTOR POLICE INTERCEPTOR PACKAGE 4.6L SOHC EFI V8 ENGINE / ELECT AOD TRANSMISSION POWER LOCKS, WINDOWS, MIRRORS, BUCKET SEAT FRONT CLOTH FRONT & REAR VINYL SPEED CONTROL / TILT STEERING WHEEL - AIR CONDITIONING / AM /FM STEREO RADIO REAR WINDOW DEFROSTER / RADIO NOISE SUPPRESSION A8S BRAKES - -: TRACTION CONTROL / COURTESY LAMPS DISABLED LIMITED SLIP REAR AXLE / LH SPOTLIGHT MULTIPLE UNITS KEYED ALIKE -FLH / FR DOOR MOLDINGS INSTALLED ADDITIONAL ROOF REINFORCEMENT / IGNITION CTRL DECKLID - DRIVER DOOR LOCKS /WINDOWS CONTROLLED BY DRIVER & FR PASS ONLY REAR DOOR HANDLES INOPERATIVE IMPORTANT - TO RECEIVE THIS GOV'T PRICING YOU MUST HAVE A FORD FLEET IDENTIFICATION NUMBER (FIN) - FIN CODE MUST BE ON ORDER, CALL 1.800- 343 -5338 OPT #1 - TO ASK FOR YOUR CITY /COUNTY/ AGENCY'S FIN CODE - AND /OR TO APPLY FOR ONE. IF ANY PROBLEMS, CALL CAROL HENDRICKSON 612- 519 -6351. PAYMENT I5 DUE'ON DELIVERY - LET US KNOW IF ADVANCE BILLING IS NEEDED. TRADES - ARE ACCEPTED - SUBJECT TO REAPPRAISAL AT TIME OF DELIVERY FOB SUPERIOR FORD - DELIVERY NOT INCLUDED DELIVERY + 75C MI. -ONE WAY: THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS QUOTATION. PLEASE CALL IF YOU HAVE ANY QUESTIONS. �1. IiYliuP,l�l' FLEET,& GOVERNMENT SALES DEPARTMENT 9700 56TH AVE. NO. PLYMOUTH, MN 55442 PHONE 612-559 -9111 FAX 612-519-6336 rirunf1rVCIIM C1 FFT MANAGERS 1 9651351494 P.01 V�Y,ilv11 DATE 7/21/99 ATTN LARRY DAUFFENBACH PHONE FAX 351 -4900 351 -4940 LL-DP W DGE COLOR-EXT DOOR TOTAL NET 01/21/99 09:34 TX /RX NO.2511 INT BLUE CODE EXTERIOR COLORS WT VIBRANT WHITE YG MED TITANIUM CC MET LL DP WEDGEW00D BLUE CC MET *B1 POLICE CREAM YELLOW 82 HARVEST GOLD CC MET *BU MED BROWN MET FL FS FU M7 *LK *LM *LN *MM *TM *TN TP TS TOREADOR RED CC MET SPRUCE GREEN CC MET DK SATING GREEN CC MET LIGHT BLUE CC DARK BLUE ROYAL BLUE LIGHT BLUE MET ULTRA BLUE CC MET LIGHT GREY SILVER GREY MET MED GREY MET SILVER BROST CC MET UA BLACK CC 20,368.00 EACH SALES TAX & LICENSE NOT INCLUDED 195 TOTAL P.01 P.001 o • APPROVING PURCHASE OF THREE FORD CROWN VICTORIA SQUAD CARS WHEREAS, Superior Ford has the state bid for Ford Crown Victoria Police Interceptor package squad cars; and WHEREAS, the Police Department is seeking approval for three new squad cars, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the purchase of three 1999 Ford Crown Victorias in the amount of $20,368 each plus tax and licensing from Superior Ford for the Police Department is hereby approved. Adopted by Council this 2nd day of February, 1999. Attest: Morli Weldon, City Clerk Jay Kimble, Mayor • a L.- SON 3 0 a e ALLEN '1 I'WEISHAIR CO.,LLP Certified Public Accountants & Business Consultants Member of Summit International Associates, Inc January 12, 1999 To the Honorable Mayor and Members of the City Council City of Stillwater P.O. Eox 2626 Stillwater, MN 55082 800 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 551 01 -491 0 612/228 -6300 Fax 612/228 -6355 www.lawcollp.com We are pleased to confirm our understanding of the services we are to provide the City of Stillwater for the year ended December 31, 1998. We will audit the general- purpose financial statements of the City of Stillwater as of and for the year ended December 31, 1998. Also, the combining and individual fund financial statements will be subjected to the auditing procedures applied in our general - purpose financial statements. The objective of our audit is the expression of an opinion as to whether the general - purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Stillwater and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the general- purpose financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to express an opinion, we may decline to express an opinion or may not issue a report as a result of this engagement. The management of the City of Stillwater is responsible for establishing and maintaining internal control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to pennit the preparation of general- purpose financial staieutcuts ill accordance with generally accepted accounting principles. In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Stillwater's general - purpose financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope that would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. To the Honorable Mayor and Members of the City Council City of Stillwater Page 2 An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgement, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general - purpose financial statements. Identifying and ensuring that the City of Stillwater complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general - purpose financial statements are free of material misstatement, we will perform tests of City of Stillwater's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts. and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements: therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition and audit is not designed to detect errors, fraud. or other illegal acts that are immaterial to the general - purpose financial statements. However we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention. unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Because many computer systems use only two digits to record the year in date fields, such systems may not be able to accurately process dates including the year 2000 and after. The effects of this problem will vary from system to system and may adversely affect your operations as well as the ability to prepare financial statements. An audit of financial statements conducted in accordance with generally accepted auditing standards is not designed to detect whether your systems are year 2000 compliant. Further, we have no responsibility with regard to your efforts to make your systems year 2000 compliant or to provide assurance on whether you have addressed, or will be able to address, all of the affected systems on a timely basis. These are your responsibilities. However, we may choose to communicate 'natters that come to our attention relating to the potential effects of the year 2000 on your computer systems. • • To the Honorable Mayor and Members of the City Council City of Stillwater Page 3 We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Larson, Allen, Weishair & Co., LLP and constitute confidential information. However, we may be requested to make certain workpapers available to the Office of the State Auditor pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Larson, Allen, Weishair & Co., LLP personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the Office of the State Auditor. The Office of the State Auditor may intend, or decide; to distribute the photocopies or information contained therein to others, including other governmental agencies. Our fee for these services will be $15,100 plus out -of- pocket costs (such as postage, travel, copies, telephone, etc.) Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary. we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our March 31, 1995 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Stillwater and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Larson, Allen, Weishair, & Co., LLP By: ,4 Thomas P. Koop, CPA Principal, Local Government Services TPK/psm RESPONSE: This letter correctly sets forth the understanding of the City of Stillwater. Title: Date: 11HR D\DATA \CLIENTS24924∎98EL. DOC Baird, Kurtz & Dobson Certified Public Accountants 911 College Street FO Box 1196 Bawling Green, Kentucky 42102.1196 502 781 -0111 FAX: 502 843-0359 With Offices in: Arkansas Colorado Kansas Kentucky Missouri Nebraska Oklahoma Member of Moores Rowland International To the Partners Larson, Allen, Weishair & Co., LLP We have reviewed the system of quality control for the accounting and auditing practice of Larson, Allen, Weishair & Co., LLP (the firm) in effect for the year ended March 31, 1995. Our review was conducted in conformity with standards for peer reviews promulgated by the peer review committee of the SEC practice section of the AICPA Division for CPA Firms (the section). We tested compliance with the firm's quality control policies and procedures at the firm's executive office and at selected practice offices and with the membership requirements of the section to the extent we considered appropriate. These tests included the application of the firm's policies and procedures on selected accounting and auditing engagements. In performing our review, we have given consideration to the general characteristics of a system of quality control as described in quality control standards issued by the AICPA. Such a system should be appropriately comprehensive and suitably designed in relation to the firm's organizational structure, its policies and the nature of its practice. Variance in individual performance can affect the degree of compliance with a firm's prescribed quality control policies and procedures. Therefore, adherence to all policies and procedures in every case may not be possible. As is customary in a peer review, we are issuing a letter under this date that sets forth comments related to certain policies and procedures or compliance with them. None of these matters were considered to be of sufficient significance to affect the opinion expressed in this report. In our opinion, the system of quality control for the accounting and auditing practice of Larson, Allen, Weishair & Co., LLP in effect for the year ended March 31, 1995, met the objectives of quality control standards established by the AICPA, and was being complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. Also, in our opinion, the firm was in conformity with the membership requirements of the section in all material respects. • May 26, 1995 • • • APPROVING AGREEMENT WITH LARSON, ALLEN, WEISHAIR & CO., LLP BE IT RESOLVED, by the City Council of the City of Stillwater that the agreement with Larson, Allen, Weishar & Co., LLP is hereby approved and that the Mayor and the City Clerk are authorized to execute the agreement. Adopted by Council this 2 " day of February, 1999. Attest: Morli Weldon, City Clerk Acting Mayor DEPARTMENT: Parks DATE: January 27, 1999 DESCRIPTION OF REQUEST (Briefly outline what the request is): • Request to order the Aeravator- Seeder and roller so we have in time for spring. This machine is for aerating the lawns as well as seeding and rolling. 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 Capital Outlay Machinery and Equipment for 1999. Cost: $12,200.00 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 PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY ��m ti, /��J Tim Thomsen, Parks Direct r W STAFF REQUEST ITEM DATE: January 27, 1999 ATTEST: AUTHORIZING PURCHASE OF AERAVATOR- SEEDER AND ROLLER BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of a Aeravator- Seeder and Roller for the Parks Departments at a cost of $12,200.00 is hereby approved. Adopted by Council this 2n day of February, 1999. Morli Weldon, City Clerk Jay Kimble, Mayor • • • DEPARTMENT: Parks Department STAFF REQUEST ITEM DESCRIPTION OF REQUEST (Briefly outline what the request is): DATE: January 27, 1999 Request to accept the State bid on the Toro lawn tractor, mower, cab & blower. This item will be purchased from MTI Distributing Company out of Plymouth, MN 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) This item was budgeted for under Capital Outlay Machinery and Equipment. Cost: $35,000.00 ADDITIONAL ITEMS ATTACHED: YES X NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY jil7 /ae DATE: January 27, 1999 Tim Thomsen, Parks Director 04/24/1996 01:45 7152487326 TO: [ Thomsen Stillwater Parks Dept. 216 N. 4th St. Stillwater, MN 55082 I Phone: • ® ® 1 DISTRIBUTING CO. We are pleased to quote as follows: Delivery 4 weeks Quantity Description List Price Sell Price 1 Toro OM 300 D 4 wheel drive (30302) 84" rear discharge deck (30384) Grammar deluxe seat (30396) 2 post BOPS (30388) Filter Kit, service manual $26,482.00 1 All steel cab with front lights, wiper, Heater, tinted glass, flasher kit (GH 103100) $3, 500.00 1 62" 2 stage snowblower (G1-1103100) with weights (2) 93 -5996 $3,995.00 1 Snowblower wire harness (95 -3263) Customer Signature less trade in of Kubota F2400, cab, blower & decks Prices are from State of Minnesota contract bid. Contract # 420950 Release # M448 (5) I .n Prices quoted are (651) 439 -4561 Fax: 351 -28441 F.O.B. Stillwater I I Sales Tax 1 Salesman: Bob Frank Phone: 800 -362 -3665 Ext. 8295 "Quotation Good For 30 Days" BOB FRANK PAGE 01 Date — 1/27/99 Terms Net 30 1 $226.29 $3.000.00 Trade price $31,203.29 Sales tax $2.028.21 Total $33,231.50 14900 Twenty -first Avenue North • Plymouth, Minnesota 55447 -4655 • Phone (612) 475 -2200 • Fax (612) 473 -4397 • • AUTHORIZING PURCHASE OF TORO LAWN TRACTOR BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of a Toro Lawn Tractor from MTI Distributing Company for the Parks Departments at a cost of $35,000.00 is hereby approved. Adopted by Council this 2 " day of February, 1999. ATTEST: Morli Weldon, City Clerk Jay Kimble, Mayor • ft BRINE'S DOWNTOWN RESTAURA NT & BAIL 219 South Main St:11 a ter, Minnesota 55082 612 -439-7556 City of Stillwater Atte -tion: Niles Kriesel Matt Erinm '3rine's Restaurant I X A x41 EfABLISHED 1958 ' Brine's 7th annual Bocee Ball Tournament is scheduled for Saturday, February 6th. The parking spaces North and South of our dumpster, but not including the whole street, will be blocked of on Saturday, February 6th at 1 :00 A.M. . I will pick up the horses for this purpose From the city department and take responsi- bility for returning them after the event, as in year past. 1 1cce Lour 0, ri ne5 BRINE'S MARKET 1790 Washington Ave. Stillwater, Minnesota 55082 612 - 439.1862 Food Purveyors Since 1958 � l Re.td s LJcc ac u.r , �__ R 1 have received permission from all business owners en the block, except the vacant "Reeds Building ". As this is our 7th year for the tournament, these businesses give their endorsement as a means to attract new customers, The Bocci Bell courts will be taken down on Sunday morning, February ith. If you have pry qucstinrP or eor C:.rn_ please free to contact me at c :'ig _75'56, 9cin't&c BRINE'S ST. PAUL, RESTAURANT & DELI 9 West 5th Street St. Paul, Minnesota 55102 612-227-8663 c,T; ' Fs=. :,T /R7./T2 DEPARTMENT: Engineering DATE: February 2, 1999 DESCRIPTION OF REQUEST (Briefly outline what the request is): Request to order a full- version of Arcview GIS program. The cost is $1,283.32. • 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 Capital Outlay for 1999. ADDITIONAL ITEMS ATTACHED: 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. Klayton Ckles, City Engineer SUBMITTED BY STAFF REQUEST ITEM NO X DATE: February 2, 1999 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that effective January 1, 1999, the EMPLOYER will contribute up to Four Hundred Dollars ($400.00) per month per Councilmember, qualified retired employees, City Coordinator, City Attorney and Administrative Assistant toward group health insurance including dependent coverage. Adopted by Council this 2 day of February, 1999. Attest: City Clerk RESOLUTION NO. 99- SETTING CITY CONTRIBUTION FOR HOSPITAL/MEDICAL INSURANCE COVERAGE FOR COUNCILMEMBERS, QUALIFIED RETIRED EMPLOYEES AND CERTAIN EXEMPT EMPLOYEES Mayor • • or ORDINANCE NO. • AN INTERIM ORDINANCE ADOPTING A MORATORIUM FOR THE PURPOSE OF PROTECTING THE PLANNING PRO CESS AND THE HEALTH, SAFETY AND WELFARE OF THE OF STILLWATER BY ORIENTED BUSINESSES RESTRICTING AND PROHIBITING 1. Findings. 1. The Zoning Ordinance of the City of Stillwater states in relevant part that the purpose of the Ordinance is to protect the public health, safety, comfort, for the convenience and general welfare; promote orderly development; provide compatibility of different land uses; an ation and use of structures and land istricts restricting and regulating therein to loc 2. Sexually oriented uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses.. 3. Residential neighborhoods located within close proximity to adult theaters, bookstores and other moderate -to -high patronage adult, businesses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 4. The adverse impacts which an adult entertainment use has on surrounding areas diminish as the distance from the adult entertainment use increases. 5. Among the crimes which tend to increase either within or in the near vicinity of adult entertainment uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 6. The City of Phoenix Study confirmed that the sex crime rate was on an average six times higher in areas with at least one adult entertainment use as it was within comparable areas of their city without such adult uses. 7. The values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult entertainment uses. 8. The adverse impact of adult use on commercial areas is increased by the presence of more than one adult entertainment use in close proximity to another such use. a study with the help of conducting would 1 fission is cur rently ordinance that planning comet es to the zoning 9. That the pl yder to propose Chang t staff in d uses determined that the it is hereby the City is prohibited for a period o on these findings within 2. Moratorium: Based up oriented business of any sexually d t of this Ordinance. creation 1999. he city s a sexually Oriente to enact this a ll y regulate necessary protect the planning process it is n 10. That in order top level m oratorium• or establishment om the effective a e effect. f one (1) year from Code with remain in full force and s the City ° full force and effect from and after its 3 gavin s. In all other way Ordinance will be in fu 4. Effective Da This Ordinance to law. Enacted by the City Council of the City of Stillwater this of passage and publication accords g � day CITY OF STILLW ATER Jay L. K Mayor ATTEST: Morli Weldon, Clerk 2 • MEMORANDUM • To: Mayor and Council Fr: Sue Fitzgerald, Planner Sr Date: January 29,1999 Re: Stillwater National Register Identification and Evaluation Study In 1993 the Heritage Preservation Commission directed Robert Vogel, historian, to prepare a study that initiated a comprehensive historic preservation planning process for the City of Stillwater. Vogel's historic context document was compiled in accordance with the Secretary of the Interior's Standards for preservation planning which call for the establishment of historic contexts and the use of these contexts to develop goals and ultimately register those that quantify on national or local historic register. The context study was divided into 16 Stillwater neighborhoods, each to be surveyed at a separate time. The City has received five grants from the Minnesota State Historical Society (Certified Local Government Grants —CLG) with matching and in -kind funding from the City. The neighborhoods that have had the architectural surveys completed to date are: 1. North Hill Original Town 2. South Hill Original Town 3. Sabin/Greeley Addition 4. Dutchtown District 5. Holcombe District (will be completed on 7/31/99) Attached is the Stillwater Historic Context: A Comprehensive Planning An nroach by Robert Vogel. This memo is for your information as requested by Council member Rich Cummings. STILLWATER HISTORIC CONTEXTS: A COMPREHENSIVE PLANNING APPROACH Prepared for Stillwater Heritage Preservation Commission City of Stillwater, Minnesota - Prepared by Robert C. Vogel & Associates Historians, Archaeologists & Preservation Planners St. Paul, Minnesota Robert C. Vogel Principal Investigator July 1993 150 Years r t ti r � r 4 r 1843 1993= r i � r, 0 J n �' ��11111!l1L�� INTRODUCTION Stillwater Historic Contexts. A Comprehensive Planning Approach initiates the comprehen- sive historic preservation planning process in the City of Stillwater. The historic context document was compiled in accordance with the Secretary of the Interior's Standards for preservation planning which call for the establishment of historic contexts and the use of these contexts to develop goals and priorities for historic preservation activities.' This doc- ument presents an overview -of the important themes in local history, delineates a range of historic property types, and proposes specific preservation planning goals for each con- text. The thematic 'narrative provided for each historic context is based on an analysis of the written record of Stillwater history. The present study does not pretend to be a fully documented, comprehensive history of Stillwater — such works already exist and are available to local preservation planners. Nor is it an intensive study in primary sources designed to uncover a wealth of hitherto unknown "facts" about Stillwater's history and cultural resources. Time and funding limits imposed on the project ruled out the use of oral history interviews, newspaper searches, examination of courthouse records, and other labor-intensive research techniques. Rather, the historic context document is an overview of some of the broad patterns Important in Stillwater's historical development, based on a synthesis of the relevant historical, geographical, anthropological, and archi- tectural history literature. The literary and archival sources consulted and their locations are presented in the Bibliography section. Assuming that the City will actively pursue a program of preservation planning and survey work, the historic context narratives will soon be out -dated as context data gener- ated by continued survey activity are available. Historic contexts are by their very nature working documents that should be routinely used by planners, researchers, and Iocal government officials. The historic context overviews and goals will be included in the City's official comprehensive plan. Historic preservation is relatively new in the City of Stillwater and the Heritage Preservation Commission (HPQ should be commended for its efforts to develop a system- atic approach to the conservation, protection and use of the community's cultural resources. In the past, Stillwater preservationists have tended to view heritage preserva- tion rather narrowly and primarily in terms of the preservation of architectural land- marks created during the nineteenth century by individuals associated with lumbering or related businesses. However, the belief that buildings, sites, structures, or districts should be preserved because of their cultural significance as representative examples of the kinds of properties traditionally important to ordinary people and their everyday lives has recently gained acceptance, as preservationists have become increasingly aware of the need to preserve and protect surviving vestiges of the heritage of Native Americans and working class Ruro-Americans, as well as cultural resources associated with women, racial and ethnic minorities, and neighborhood subcultures. 1Department of the Interior, National Park Service, "Archeology and Historic Preservation; Secretary of the Interior's Standards and GuideIines," Federal Register 48 (Thursday 29 September 1983), p. 44717. 1 Historic Context VII: Late -Nineteenth and Early -Twentieth Century Industrial Development in Stillwater (1860s-1920s) ..................................48 Historic Context VIII: Development of Downtown Stillwater (1850s- 1940s)................................................... :.......................................................53 Historic Context IX: Development of Residential Neighborhoods in Stillwater(1850s-1940s)................................................................. Historic Context X: Stillwater City, Washington County, and State Government (1840-1940s)........................................................................... 68 BIBLIOGRAPHY ...........75 ....................................................................................... GLOSSARY.......................................................................................................... 79 iv The importance of maintaining an inventory of the city's heritage resources, orga- nized by historic context, cannot be overemphasized. To date, preservation surveys have focused on the downtown commercial district and isolated architectural landmarks, leav- ing large areas within the city limits poorly documented. Previous surveys have also focused on large architectural properties and paid less attention to the evaluation of accessory buildings, structures, or historic landscapes. Little attention has been given to the area's archeological resources, although a number of potential sites have been identi- fied. With the exception of properties located in the Stillwater Commercial Historic District, the documentation contained in many of the hundred -odd historic resource inventory forms presently on file is insufficient to permit evaluation. The existing historic property inventory files, which are presently in a state of some disarray, need to be reor- ganized and updated. Administrative Summary This report presents the results of a_study of historic contexts relating to historic prop- erties in the City of Stillwater, Minnesota, conducted by Robert C. Vogel & Associates, between November 1992 and June 1993. The project was financed in part by Federal funds granted to the city under the Certified Local Government (CLG) program adminis- tered by the State Historic Preservation Office (SHPO) of the Minnesota Historical Society under the National Historic Preservation Act of 1966, as amended. The project was man- aged locally by city planner Ann Pung-Terwedo on behalf of the Stillwater Heritage Preservation Commission (HPC). The Stillwater historic contexts study involved preservation planning and archival research activities. The city limits defined the geographical boundaries of the study; chronologically, research spanned the precontact and postcontact periods. The terms of the CLG grant agreement between the SHPO and the City of Stillwater set project objec- tives, time lines, and reporting requirements. All work by the consultant was conducted in accordance with standards and guidelines for historic preservation projects established by the Secretary of the Interior and the Minnesota Historical Society. The success of the historic context project is the result of careful planning, systematic and interdisciplinary research, and strong community support. The Stillwater HPC was the principal force behind the project and provided the forum for public participation. Public interest in the project was sustained by meetings of the HPC with the consultant, by a public presentation of the preliminary research findings, and through the involve- ment of several local historians and preservationists in the compilation and review of his- toric context document. Potential users of the historic contexts were invited to review and comment on the draft document. Liaison with SHPO was maintained through meetings with the author and written progress reports. Research Design The primary preservation planning goal of this study was the development of a set of historic contexts applicable to local survey, evaluation, and registration activities in the City of Stillwater. 2 General map of the City of Stillwater showing Historic Preservation Planning Areas. 5 Historic Preservation Program Goals In its historic preservation code and comprehensive plan, the City of Stillwater acknowledges that the preservation, protection, and use of historic properties is a public necessity. In order to effectively manage these resources, the City has adopted five basic historic preservation policy objectives: 1) Safeguard the heritage of the City by preserving historic properties which reflect Stillwater's cultural, social, economic, political, visual, aesthetic, or architectural history. 2) Protect and enhance the City's appeal and attraction to residents, visitors, and tourists, using historic properties as a support and stimulus to business and industry. 3) Enhance the visual and aesthetic character, diversity, and interest of Stillwater. 4) Foster civic pride in the beauty and notable accomplishments of the past. 5) Promote the preservation and continued use of historic properties for the education and general welfare of the people of Stillwater. The Stillwater Heritage Preservation Commission (HPC) was established by ordinance to identify and designate historic properties, review site alteration permits, and promote the historic preservation ethic through public education activities. As part of the ongoing comprehensive planning process, the HPC has adopted a number of objectives, which are presented.below in order of priority: •a) Preserve the Downtown Stillwater Commercial Historic District and adja- cent historic properties through the design review process and such other means as are available. b) Preserve and protect residential historic properties, including buildings, sites, structures, and districts. c) Preserve, locally designate, and protect governmental and public buildings throughout the City. d) Conduct reconnaissance and intensive historic preservation surveys to iden- tify significant historic properties in all Historic Preservation Planning Areas (HPPAs). e) Determine which historic properties identified by historic preservation sur- veys are eligible for National Register of Historic Places or local designa- tion. f) Preserve locally designated historic properties and those listed individually in the National Register of Historic Places. g) Preserve the Stillwater/Houlton Interstate Bridge. Implementing the Historic Contexts The implementation program for this document adopted by the HPC is as follows: 1) City Council adopts the ten historic contexts as the official overview of his- tory and development in the City of Stillwater. ON HISTORIC CONTEXT I: PRE -CONTACT PERIOD NATIVE AMERICAN CULTURAL TRADITIONS IN THE LOWER ST. CROIX VALLEY (ca. 10,000 B.C.—A.D. 1680) Overview Prior to European contact, Native Americans had lived in the Stillwater area for a long period and through several successive cultures. The plainest evidence that native peoples lived in the area in pre -contact times comes from archeological sites, which docu- ment that humans probably first appeared in the St. Croix Valley about 10,000 B.C. The Stillwater city limits may contain significant archeological deposits, although no archeo- logical surveys had been conducted prior to 1992. Historical Theme Archeological evidence places humans in the New World as early as 25,000 B.C., but because the last glacial ice sheet began to retreat from the St. Croix Valley only about 14,000 years ago, relics of the earliest occupation of the Stillwater area probably date back only a few thousand years. North American archeologists divide the cultural devel- opment of Native Americans into a series of cultural traditions or periods. It should be understood that the dates assigned to these archeological periods vary widely in the liter- ature. Inconsistencies in dating are due largely to the small number of reliable radiocar- bon dates from eastern Minnesota sites and also because of the paucity of scientific, con- trolled archeological excavations in the area.6 The Paleo-Indians, the earliest known human inhabitants of Minnesota, were mobile big game hunters utilizing a distinctive large, fluted projectile point known as Clovis. The Clovis people were followed by another big game hunting tradition characterized by a smaller, thinner fluted projectile point called Folsom. Although many Clovis and Folsom points have been found in the state, there are no recorded Paleo-Indian sites in Washington County. However, the physical context may exist for Paleo-Indian finds at Stillwater and future archeological surveys should be on the lookout for small lithic scat- ters and the remains of extinct Pleistocene fauna such as mastodon, camel, and wood- land bison. It is interesting to note that both Warner and Foote and Easton, in their local histories, recalled an incident from the winter of 1857-1858 when workers excavating (presumably for a building foundation) on Third Street near Myrtle uncovered what was reported as the tusk of a mastodon. This object, about six feet long, slightly curved and pointed, was later put on exhibit at Minnesota Historical Society in St. Paul, where it was eventually destroyed in a fire. Although it is possible that more ancient remains may lie buried below the surface, the earliest cultural group to occupy the area, of which there is evidence, is probably the Archaic, which archeologists date from circa 5,000 to 500 B.C. By ca. 8,500 B.C., a regional climatic change produced a shift in vegetation and wildlife patterns throughout Stillwater city limits. In Minnesota and Wisconsin, the Middle Woodland mortuary cult produced literally thousands of mounds, varying in form and function: most were 30-100 feet in diameter and 5-15 feet high and most — but not all — were constructed over human skeletons or cremated remains. The purpose of these earthworks is not altogether clear, although it seems likely that their primary function was something other than funerary (possibly an expression of territoriality). The dates usually assigned to the beginning and end of the Middle Woodland cultural tradition in Minnesota and Wisconsin are ca. 100 B.C. to A.D. 600. The archeological record suggests a strong affinity toward occupation of the riverine-lacustrine deciduous forest and prairie microenvironments. Habitation sites tend to be located on low bluffs or ridges overlooking lakeshores or stream floodplains. Over time, populations appear to have increased and some semi -permanent settlements coalesced at strategic locations. There is very little data on the Late Woodland period (ca. A.D. 600-1400) in the Lower St. Croix Valley. Further north, the transition from Middle to Late Woodland is rep- resented in a group of archeological sites representing the 'St. Croix Phase, which was associated with the distinctive Arvilla burial complex and is dated to between ca. A.D. 400 and 900. Technological innovations associated with the Late Woodland cultural tra- dition include the introduction of the bow and arrow and construction of burial mounds in the form of animal effigies. Although hunting, foraging, and fishing dominated the Late Woodland mode of production, wild rice harvesting had a dramatic impact on the pre -contact Indian population of central and northern Minnesota ca. A.D. 900. The archeological manifestation known as Oneota probably represents the northern borderlands of the Mississippian culture area, which had its cultural hearth at Cahokia near present-day East St. Louis, Illinois. In contrast to the Woodland mode of production, the Oneota economy was multi -focused and encompassed hunting, gathering, trade, and horticulture. The appearance of the Oneota cultural tradition in the St. Croix Valley ca. A.D. 1000 drastically affected the indigenous Woodland cultures: archeologists suspect that many Woodland groups were either absorbed, displaced, or exterminated by the Oneota. There are possible Oneota components in the archeological record of a number of small sites in the St. Croix Valley, but only one significant Oneota habitation site (the Sheffield Site in northeastern Washington County, dating from about the fifteenth centu- ry) has been excavated so far. The archeological record is sketchy, but the Lower St. Croix Valley appears to have been depopulated between ca. 1400 and 1700, although Indian groups affiliated with both the Woodland and Oneota cultural traditions certainly contin- ued to use the area for hunting, fishing, and foraging for centuries before the arrival of the first Euro-American settlers. At the dawn of recorded history, the Oneota emerged as the Winnebago tribe of southern Wisconsin and the Ioway Indians of southeast Minnesota and northeast Iowa. The Late Woodland ceramics known as Sandy Lake prob- ably represent the pre -contact Eastern Dakota. Although no archeological sites within the city limits are on record in the files of the SHPO or the State Archeologist, early historians noted some evidence of the pre -contact Native American presence in the Stillwater area. A potentially significant site most likely to have been associated with late pre -contact period Native American occupancy of the Stillwater area are the petroglyphs (rock art) described in early local histories. The site 10 resource procurement (hunting, butchering, plant processing) sites, single and multiple occupation bivouacs, temporary and seasonal base camps, and villages. These property types are significant because of their potential to yield data on pre -contact Native American cultures. Representative Properties No archeological resources associated with ancient Native American have been iden- tified within the Stillwater city limits. However, there are recorded Pre -Contact Period archeological sites in the vicinity, including: Site 21WA29, the "Lower Boom Site," a lithic scatter of undetermined cultural affiliation; Site 21WA30, located on the north side of Brown's Creek at the north end of McKusick Lake, a culturally anonymous pre -contact period artifact scatter found in a plowed field; Site 21WA43, the "Rivard Petroglyph Site," a collapsed rockshelter with the Inscribed images of serpents, thunderbirds, and other objects (no longer visible) of uncertain date, on a bluff overlooking Lake St. Croix north of Stillwater (see above); Site 21WA49, the "St. Croix River Access Site," a multicomponent Lake Woodland habitation site dating to approximately A.D. 800-1700, partially destroyed by a gravel pit; and Site 21WA12, a group of earthen mounds mapped by the antiquarian Theodore H. Lewis and now partially destroyed. Preservation Planning Goals Information needs about Pre -Contact Period Native American occupation of the Stillwater area are fundamental. The basic research questions are: is there evidence that the site of the City of Stillwater was occupied or used by Native Americans during the pre -contact period? And: when did this occupation occur? The basic preservation planning goal pertaining to this historic context is, simply, to identify properties associated with pre -contact Native American occupation of the City of Stillwater. Archeological reconnaissance of undeveloped lands within the city limits to identify and locate intact cultural deposits need to bg undertaken as soon as possible. Archeological surveys will be systematic and will utilize problem -based research designs. Because some evidence of ancient Stillwater may have already been acquired by anti- quarians or avocational archeologists, an effort will be made to locate and analyze arti- facts preserved in private collections. Over the years, much of Stillwater's historic preservation activity has been done from the perspective of people steeped in the Euro-American cultural tradition and deeply inter- ested in the protection of architectural landmarks. This historic context (as well as Historic Context II: "Native Americans, European. Contact, and Initial Euro-American Settlement in the Lower St. Croix Valley") encourages a more multi -faceted, comprehensive approach to local heritage preservation. Through a systematic program of applied anthropological research, the city can offer residents and visitors a fresh perspective on the shared histori- cal heritage of American Indians and Euro-Americans. 12 southward of their own volition is still debated by ethnohistorians). Intertribal "border wars" reached new levels of intensity under the American regime. At a council held at Prairie du Chien in 1825, the United States brokered a regional peace treaty between the Dakota and the Ojibwe in an attempt to stabilize the frontier. Cedar Bend, near the pre- sent-day northern boundary of Washington County, marked the boundary between Dakota and Ojibwe territories along the St. Croix. As a result of treaties made in 1837 and 1851, the Ojibwe were allocated reservations in northern Minnesota, although some small bands probably continued to make visits to the St. Croix Valley up to the end of the nineteenth century. The Victorian era historians of the St. Croix Valley were careful to relate their under- standing of the Native American heritage of the Stillwater area. However, much of the Indian lore contained in these narrative histories is little more than legend, for example, the tale of the Dakota and Ojibwe chiefs meeting in single combat on Zion Hill, a story attributed to the trader Thomas Connor. Somewhat better documented is the Ojibwe- Dakota skirmish which occurred within what are now the Stillwater city limits in 1839. One of several versions of the story is that provided by the Rev. Edward D. Neill in his essay on Minnesota history published in Warner and Foote's history of Washington County. Responding to Ojibwe depredations, a war party from the Mdewakanton village near St. Paul retaliated: The Kaposia band of Sioux pursued the Saint Croix Chippeways [sic], and on the third of July found them in the Penitentiary ravine at Stillwater, under the influ- ence of whiskey. Aitkin, the old trader, was with them. The sight of the Sioux tend- ed to make them sober, but in the fight twenty-one were killed and twenty-nine were wounded.9 The encounter was commemorated by the name "Battle Hollow" which has ever since been applied to the ravine now occupied by the Territorial/State Prison. In April 1850 hostilities again erupted between Dakota and-Ojibwe. In April a Dakota war party passed up the St. Croix and wiped out a camp of Ojibwe on the Apple River, then returned to dance the scalp dance in Stillwater, much to.the consternation of the local populace. - Native American cultures were greatly altered after the arrival of Europeans and in the course of less than a century and a half the river bands of the Ojibwe and Dakota tribes were decimated, eliminated, or relocated. Diseases introduced by Europeans reduced their ranks and the tribal remnants were not easily assimilated into the domi- nant Euro-American culture. Throughout the first half of the nineteenth century, Indians of various tribes frequented the St. Croix River Valley, but the local Native American pop- ulation declined rapidly in numbers and importance until, by ca. 1860, only a ferny scat- tered family bands remained. Nevertheless, although only relatively few Indians appear to have been living in Washington County during the Post -Contact period, their influence on Euro-American settlement was important in several ways. For example, Stillwater appears to have been located near an important trail crossing Lake St. Croix and was fre- quented by groups of Dakota moving between villages on the Mississippi and the Apple River district up until the U.S.-Dakota Conflict of 1862. Other Native American influences were not so obvious, e.g., the reoccupation of Indian camps and village sites by Euro- American settlers, and the use of native plants by immigrants. Native Americans and 9Wamer and Foote, Washington County, p. 102. 14 Wisconsin as a new territory. From this time onward, Brown and Stillwater played pivotal roles in the development of Minnesota as a territory and state. Leaving his family at Grey Cloud Island, Brown canvassed the St. Croix Triangle in an effort to secure for Dakotah the honor of being made the seat of government of the new St. Croix County, Wisconsin Territory. Brown was successful and built a complex of log buildings, the centerpiece of which was called "Tamarack House," a combination warehouse -store -inn -courthouse, into which he installed his extended family early in 1841. Detailed information about goings-on at Dakota during Brown's tenure (1841-1845) are lacking: it would appear, however, that there was intermittent activity at the place, which never became the bustling frontier entrepot Brown had envisioned. Brown's entourage (which included his half-sister, Lydia Carli) continued to use Dakota briefly after the platting of Stillwater, although. Brown himself seems to have continued to divide his time between Grey Cloud, the Minnesota River posts, and his St. Croix town - site. Tamarack House was eventually abandoned and Brown's townsite disappeared into history. According to William Watts Folwell, "When the hoped -for settlers did not arrive,Brown turned to other enterprises, and years after his imagined village of Dakotah became an addition to Stillwater." 1 0 Brown's Dakotah settlement, reportedly located "about half a mile above the original site of Stillwater" and the Old Tamarack House occupied by Brown and half -sister's families in 1841-1842 and 1844-1846, were reported- ly included in the old Carli and Schulenburg Addition.1 1 Joe Brown was certainly the first important person connected with the history of Stillwater — his association with the place spanned the entire territorial period and -the early statehood years — and, lack of a published scholarly biography notwithstanding, he is a major figure in the history of Minnesota, equal in stature to Steele, Sibley, and Ramsey. Brown's resume of "firsts" (in addition to being the initial Euro-American occu- pant of the Stillwater site) includes: first Minnesota lumberman, player in the first the- atrical production performed in Minnesota, first to raft logs down the St. Croix, first pri- vate land claimant in Minnesota, first farmer in Minnesota, first justice of the peace in the St. Croix Triangle, and first clerk of the upper house of the Minnesota Territorial legis- lature. He owned the St. Paul Pioneer Press newspaper for a time and was the founder of the town of Henderson. He was also one of the prime movers behind the creation of Washington County and the Minnesota Territory and is credited with having suggested the name "Minnesota" with its present spelling. No lands anywhere in Minnesota were open to settlers until 1838, when, by the terms of the treaties agreed to by the respective tribes and the United States in 1837, the Dakota and Ojibwe ceded tracts lying east of the Mississippi River to the United States. The site of Stillwater, then, forms an early node of settlement in that part of the old "Saint Croix Triangle" (see Map 2) where Dakota Indian sovereignty was extinguished by the Treaty of Washington. This district was initially attached to Crawford County, Wisconsin Territory, and formed the original St. CroixCounty established in 1840. Into this wilderness came a trickle of settlers attracted by opportunities in lumbering, steamboating, farming, and real estate. Joe Brown's Dakotah project had to be aborted, but in 1843 others realized the prospects of the Lake St. Croix site and turned their collective energies toward devel- oping a permanent town there. 1OHistory of Minnesota (St. Paul, 1921), 1:234. 11Worner and Foote, Washington County, p. 498; Augustus B. Enston (ed), History of the St. Croix Valley (1909), 1:6. 16 Maior Biblilociraphic References Easton, Augustus B. (ed.). History of the St. Croix Valley. 2 vols. Chicago, 1909. Folsom, William H. Fifty Years in the Northwest. St. Paul, 1888. Folwell, William Watts. History of Minnesota. Vol. 1 of 4. St. Paul, 1922. Landes, Ruth. The Mystic Lake Sioux. Madison, 1968. Robinson, Doane. The History of the Dakota or Sioux Indians. Minneapolis, 1967. Warner, George E., and Charles M. Foote (comps). History of Washington County. Minneapolis, 1881. Warren, William W. History of the Ojibway Nation. Minneapolis, 1957. Wozniak, John S. Contact, Negotiation, and Conflict. An Ethnohistory of the Eastern Dakota, 1819-1839. Washington, 1978. Chronological Limits 1680, the date of Hennepin's and Duluth's visits to the Eastern Dakota, marks the beginning of the Contact Period in the St. Croix Valley. Permanent Euro-American occu- pation of the Lower St. Croix Valley dates from 1838, although there were a handful of traders, missionaries, soldiers, and other frontier types residing in the region before the treaties of 1837. The terminal date for this historic context is 1862, the date of the U.S.—Dakota Conflict, which marks the close of the American Indian presence, because of the context's central theme of Native American-Euro-American interaction. Geographical Boundaries The distribution of Contact Period sites in the Lower St. Croix Valley is very poorly documented. The principal area of initial Euro-American occupation seems to have been around Brown's "Dakotah" establishment, the exact location of which has never been fully documented but which was probably on the terrace overlooking Lake St. Croix in the old Carli and Schulenburg Addition. - Property Ty_pe5 It seems reasonable to suggest that properties associated with this historic context may exist as archeological sites. Potential archeological property types associated with historic Dakota and Ojibwe occupation of the Stillwater area would include those site types postulated for Pre -Contact Period properties identified with the Woodland and Oneota cultural traditions; along with wild ricing camps and maple sugar making camps. To that list should be added native and European sites associated with the fur trade, although documentation for Euro-American fur trade posts located at Stillwater, with the exception of Brown's establishment, is lacking. No standing structures are believed to exist from the Contactor Post -Contact (i.e., post-1837) periods. Representative Properties No historic properties from this period are known to exist in Stillwater, either as archeological sites or standing structures. One historic site, represented by a commemora- tive plaque, is Battle Hollow, the ravine occupied by the old State Prison. HISTORIC CONTEXT III: STILLWATER AND ST. CROIX TRIANGLE LUMBERING (1843-1914) Overview In the late 1830s, American lumbermen began arriving in western Wisconsin and eastern Minnesota to exploit the pineries of the St. Croix Triangle. Stillwater was founded in 1843-1844 and soon emerged as the region's principal entrepot. Individual lumber- men and their families exercised a profound influence on the town's architecture and the development of civic institutions. After the collapse of the lumber industry in the early 1900s, major shifts in economic activity occurred and Stillwater's distinctive urban char- acter underwent significant changes. Historical Theme The timber resources of eastern Minnesota and western Wisconsin were often men- tioned by early explorers, but until the treaties of 1837 the pineries were virtually untouched. Then, in something less than eighty years, the white pine forests of the St. Croix basin were depleted. The first mill was erected at Marine in 1839 but Stillwater rather than some other village along the St. Croix, became the headquarters for the lum- bering industry. The era of industrial lumbering left a lasting legacy on the Stillwater landscape and represents one of the central themes in regional history. Stillwater's piv- otal role in the development of the St. Croix Valley lumber industry is the subject of a considerable literature and needs no lengthy discussion here. Many of the associated his- toric properties are described in the reports prepared by Paul Clifford Larson and Norene A. Roberts and fall within the boundaries of the Stillwater Commercial Historic District.1 2 Stillwater's genesis as a lumber town is told in a dozen local histories. Carpenter Jacob Fisher arrived at Taylors Falls in 1842 and made his way down to Joe Brown's Dakotah, where he wintered in the basement of the vacant courthouse. Next spring, while hunting raccoons near McKusick Lane, Fisher made the "discovery" that led to the birth of Stillwater. The story is related by Warner and Foote in their county history: Mr. Fisher discovered what seemed to him to be a favorable location for a saw- mill... In a few days he revisited the found, when his practical eye soon led him to conclude that Brown's creek, formerly known as Pine creek, could be turned into the lake above, and a canal of about sixty feet in length at the lower end of the lake would conduct the water into the lake, over the bluffs, down a ravine near the shore of Lake St. Croix, where it could be utilized in a mill enterprise.1 3 Fisher showed the site to some of his fellow lumbermen, including Elias McKean and Elam Greeley, who realized the potential of the site and brought in one John McKusick, then resident at Burlington, Iowa, as their partner in an enterprise christened the Stillwater Lumber Company. Warner and Foote continue the story: 12This local context incorporates many of the themes and property types identified in the statewide historic context "St. Croix Triangle Lumbering" outlined in the SHPO's Minnesota History in Sites and Structures plan. 13 Washington County, pp. 498-499. The development of industrial lumbering in Stillwater after 1843 shaped the town physically and culturally. Sawmills of enormous capacity were erected and employed hundreds of workers year-round. Some idea of the scale of the milling activity at Stillwater can be obtained from the following passage in Larson's study of the white pine industry in Minnesota: The number of logs scaled through the boom at Stillwater increased. In 1878 more than 200,000,000 feet of logs were sent through the boom, and in 1890 the num- ber of feet passed the 400,000,000 mark. The increase was steady, with rarely a set- back until the white pine was gone. In the twenty-eight years from 1875 to 1903 the log output through the St. Croix Boom measured 7,781,835,650 feet.1 7 Due to Stillwater's strategic location near the head of Lake St. Croix, the mode of operation was based upon floating sawlogs downstream on the "spring rise" to a large boomed holding area, whence they were poled out individually and towed into the sawmills. As the demand for lumber increased and transportation facilities (steamboats, railroads) improved, regional and national markets for St. Croix pine expanded and pro- duction demands increased. Primitive water -powered saws (which moved up and down like a handsaw) did not last long into the 1850s, which saw the construction'of the first steam sawmills using circular saws (later bandsaws), which greatly increased production capacity. Development of the network of railroads after 1870 supplemented but did not replace rafting logs to downriver markets. Lumbering played an important role in the economic development of the town. Lumber capital financed the flour milling industry, railroad construction, and manufac- turing. It was also critical to the growth of banking, insurance, and other finance enter- prises. Lumbering affected Stillwater physically as well as economically. Ample statistics on the production output of Stillwater's sawmills have been printed, but perhaps the most telling vestige of the town's milling history is the presence of a layer of sawdust extending to a depth of several feet beneath much of lower Stillwater. Other effects of industrial lumbering on the cultural landscape include the construction of many fine homes by local lumber barons and their minions and the development of businesses providing sup- port services to the lumber industry. Some vestiges of the lumber culture can be found behind the building facades and in the cultural lore (both written and remembered) of the town. James Taylor Dunn's popu- lar history of the St. Croix is perhaps the best of a half -dozen or so histories which romanticize the lumberjack era in Stillwater: Lumbering and the West's appetite for its product created the St. Croix Valley set- tlements; and logs were for over half a century the foundation of their prosperity. 'Instead of remarking about the weather,' the Chicago Tribune reported in 1865, St. Croix residents 'speculate upon the number of logs that are coming down, and the chances of their getting choked at the dam.' Down they came every spring, mil- lions of logs, after heavy rains along the upper tributaries brought high enough water to float them. The villagers along the St. Croix gathered expectantly on the levees to watch the sure-footed red-shirted river drivers with their innumerable bat- teaux, wanigans or cook barges, and multifarious camp equipage follow the tum- bling, groaning logs to the final sorting place at the Stillwater Boom.1 8 171bid., p. 132. 18 rile St. Croix: Midwest Border River (New York, 1965), p. 109. 22 ing in a wide range of vernacular house types, including (but not limited to) Gable -Front, Gable -Front -and -Wing, Gothic Cottage, and Folk Victorian forms, might also be signifi- cant because of their association with the lumber industry. Finally, saloons (Stillwater boasted over sixty in its heyday), brothels, and other dens of iniquity were one of the hallmarks of the lumber boom in Stillwater. Archeological property types include the ruins and buried remains of mills and relat- ed structures, as well as former residences. Representative Properties St. Croix Lumber Mills/St. Croix Manufacturing Company, 318 N. Main St. Hersey -Bean House, 319 W. Pine St. Isaac Staples mansion site (ruins), Pioneer Park. Lumbermen's Exchange, 113-121 S. Water St. Albert Lammers House, 1306 S. Third St. Ivory McKusick House, 504 N. Second St. William Sauntory House, 626 N. Fourth St. Preservation Planning Goals Specific planning goals relating to this context are straightforward: (1) identify and preserve historic resources relating to St. Croix Triangle lumbering; (2) whenever archival research identifies locations 'of potentially significant archeological resources, field sur- veys should be conducted to document the presence and assess the integrity of the resource; and (3) the City should support research on individuals and companies engaged in lumbering at Stillwater to help evaluate their association with themes of national, statewide, and local significance. Many (perhaps most) of the buildings and sites which are significant primarily because of their association with St. Croix Triangle Lumbering are included within the Stillwater Commercial Historic District or are individually registered homes. Nevertheless, future surveys of all HPPAs should be alert to the presence of buildings and sites linked to the rise and decline of the lumber industry. In particular, gttention should be paid to identifying mill workers' dwellings believed to exist in the Schulenburg and Dutchtown HPPAs. Archeological surveys along the riverfront may detect evidence of buried cultural deposits dating from the 1840s-191gs period. In their study of the riverfront, Roberts and Fried used historical materials to identify a number of potential archeological sites associ- ated with lumbering. Follow-up archival research will be used to document the locations and assess the research value of mill structures such as mill races, powerhouse founda- tions, landings, and booms, which will be subjected to archeological testing wherever appropriate. As with any important pattern of historical events, Stillwater's lumbering heritage has different meanings for different people. To better understand and appreciate the sites, 24 HISTORIC CONTEXT IV: STILLWATER TOWN PLANNING AND DEVELOPMENT (1844--1945) Overview The general plan of Stillwater was based on a model that had evolved over two cen- turies in New England and the Old Northwest. Street patterns, lot lines, and the differenti- ation between residential, commercial, and public use areas essentially define the urban landscape. A number of surviving historic landscapes document local decisions with regard to changing land uses, public policies, and attitudes. Historical Theme This historic context deals with the large-scale structure and pattern of the built envi- ronment, the development of the city infrastructure, and the history of municipal plan- ning in Stillwater. The focus is on the cultural ecology of the Stillwater site and the his- toric resources associated with the modification of the physical environment and chang- ing land uses. For historic preservation purposes, the physical geography of Stillwater is represented by a set of historic properties, which, for sake of convenience, we will call "natural landscapes." The forms introduced by people to alter the natural landscape rep- resent another set of cultural resources and are expressed collectively in what geogra- phers call "cultural landscapes." Borrowing from a tradition as old as written history, early observers were careful to describe the geography behind Stillwater history. One of the earliest is that of guidebook author J. Wesley Bond: For about a quarter of a mile along the lake, where the city of Stillwater stands, the bluffs have retreated from the lake in the form of d semicircle. The ground along the lake is but a few feet above high water mark; and for the distance of two streets, it is slightly ascending — just enough so for convenience, neatness and beauty. Then one ascends at a rather steep grade — though not more so than at Quincy, Illinois, or Natchez, Mississippi; until the tops of the bluffs are reached — which are about 100 feet high. On the top, and beyond these bluffs, are beautiful oak openings, very fertile and easily cultivated.1 9 In Warner and Foote's county history we find the following observations: The city of Stillwater is beautifully and romantically located at the head of Lake St. Croix, twenty-five miles above Point Douglas. When settlement began here, the plateau near the lake was of limited area, and little elevated above the surface of the lake. In shape the tract resembles the segment of a circule, the bluffs forming the cir- cumference and the bank of the lake the secant line. The bluffs above are high, and ravines indicate that streams once flowed from lakes and streams above to the lake below. The level tract, where settlement began, now occupied by the business portion of the town, may have been reclaimed from the lake by gradual filling from the high bluffs during a long period of years previous to settlement, or by some rapid action, analogous to the land -slide of 1852. For many years residences and business houses 19Bond, Minnesota, p. 158. 26 built of solid masonry, rising one above the other until the summit is reached, on which the residence is located.1123 Problems with flooding shaped development of the downtown. The first settlers pretty much took the waterfront as it was, clearing it where it was forested along the natural levee, grading down parts of the glacial terrace to provide wagon access to the levee, but generally leaving large parts of the site little more than a swampy quagmire. Floods were a recurring problem. 1850 was a bad year and produced the oft -repeated anecdote about steamboats dropping their gangways directly onto the steps of the Minnesota House hotel on Main Street and letting their passengers off onto the steps of the hotel. Later freshets did not flood Main Street, we are told, because the 1852 landslide raised the level of the land above the normal high-water mark. Eventually, the levee area was enlarged and the flood problem was mitigated somewhat by constructing buildings over the shore on tim- ber pilings, which became "made land" through alluviation. Meanwhile,: while the inhabitants of Stillwater traditionally valued the Lake St. Croix waterfront for its econom- ic value, nineteenth century townspeople generally treated the lakeshore with little respect for its natural or aesthetic values. High density industrial and residential develop- ment was allowed to come right down to the water's edge; the town's sewers also dis- charged directly into the lake and the resulting pollution made the waters so dirty and dangerous that by 1880 the St Croix had been rendered ugly and virtually inaccessible. Based on surveyor field notebook data compiled by the General Land Office survey of Washington County in 1846, forests originally covered only about one -fifth of the land now encompassed by the city limits. About three -fifths of the land area was prairie,.much of it in the form of small "oak openings" or barrens interspersed with scrub oak and the wet, lowland meadows along the lake. The rest was swamp or marsh. Within a genera- tion, most of the woodland had been cleared for urban development or cropland, and to satisfy the townspeople's needs for fuel. A few small tracts of native grassland remained undisturbed within the city limits at the end of the century; the prairie disappeared alto- gether during the first decades of the twentieth century. Only isolated deciduous trees remain today as vestiges of Stillwater's natural vegetation. Before it was the "Queen City of the St. Croix," Stillwater was a frontier boomtown dominated by lumbermen. Indeed, it might well be said that the plan behind the original townsite was really a large-scale version of the early lumber barons' own corporate plans. The General Land Office township survey was completed in 1847 and in August the fol- lowing year the first parcels of the public domain in Minnesota were offered for sale at the government land office in St. Croix Falls. Among the tracts auctioned off was the site of Stillwater, which its proprietors promptly had surveyed by -Harvey Wilson so that they could begin to sell town lots. The first land deed for a city lot recorded in the Washington County courthouse dates from September 1848 and was made by John McKusick, who transferred title to a town lot to a buyer in Cincinnati. Growth was slow at first, but as the tide of immigration rose and the demand for lumber skyrocketed, Stillwater mush- roomed. The post -Civil War economic boom served to hasten industrial growth and urbanization, so that by the 1870s, nearly all of what is now downtown Stillwater was rapidly being covered by building bulk. As the city grew, urban land use problems also multiplied. A study of historic maps and plats shows that Stillwater's municipal bound- aries never coincided with the limits of urban development. The increasing demand for 23Washington County, p. 555. The unimaginative and cramped gridiron plat neglected the aesthetic and environ- mental needs of the residents in favor of accommodating uncontrolled economic develop- ment. There were no public greens in any of the additions platted during the nineteenth century, although in practice both local law and tradition favored the retention of com- mon areas on the fringe of the built-up area, which served residents' needs for open space. The town founders did identify several sites as consecrated ground and these burial grounds also tended to be on the outskirts of the developed area. Development pressures caused the relocation of the pioneer cemeteries to the park -like Fairview Cemetery, plat- ted in 1867; the potter's field was removed to a plot in South Stillwater in 1873. At an early date, however, pleasant spots developed where people could hang out for hours at a time, mostly on the grounds of public buildings and, to a lesser extent, downtown along the waterfront. But by the 1890s, the city had built only a handful of public parks, most- ly in high places on land less suitable for other forms of development. All this changed after the turn of the century, when Stillwater experienced a brief renaissance in urban design that has left a significant imprint on the built environment of the waterfront. The earliest urban planning in Stillwater grew out of the town's unhap- py experiences with floods and landslides and were simple strategies to modify the natur- al landscape of the townsite in in the interests of improving the public health and safety, and to enhance the town's economic potential. Few restraints were placed on the uses of private property, however, and relatively little was accomplished with regard to planning for the orderly acquisition and development of lands for public buildings, parklands, schools, etc. Lowell Park represents the city's first attempt at devising and implementing "a system of intelligent planning" during the first two decades of the twentieth century. Inspired by the City Beautiful Movement, a national revival of urban planning and design launched at the Chicago World's Columbian Exposition.in 1893, a group of Stillwater civic and business leaders succeeded in having the city government create a commission to study local improvement projects. Of particular interest was the development of a city park or promenade along the St. Croix. Under the auspices of the Park Board (forerunner of the modern Planning Commission), the city retained the services of the Minneapolis land- scape architecture firm of Morrell and Nichols to design the urban showplace that became Lowell Park. In a body of planning and design work culminating in their 1918 Plan of Stillwater, Morrell and Nichols provided the city with a conceptual blueprint for "parks, boulevards, civic center, highways, industrial developments, etc., which although it may require generations to bring into realization will eventually make Stillwater famous all over the country.1125 Morrell and Nichols' plan also included provisions for improving transportation and housing and for a rudimentary system of land use'zoning. But the centerpiece of the plan was the development of waterfront park along the historic levee. The Stillwater levee at the foot of Chestnut Street had been a hub of commercial activity since Territorial times and during the middle decades of the nineteenth century the waterfront was a busy spot because of the steamboat port facilities and the nearby farmers' market. But by the turn of the century the levee was something of a wasteland, treeless and covered with sixty years' accumulation of flotsam, jetsam, and sawmill waste; the city dump was actually located at the river's edge a little north of Chestnut. 25Anthony V. Morrell and Arthur Nichols, Plan of the City of Stillwater (Minneapolis, 1918), p. 14. we, 1874 map of the City of Stillwater, showing the original platted area and early additions. From A. T. Andreas' Illustrated Historical Atlas of the State of Minnesota. Note that contrary to carographic convention, the map was originally printed with north at the bottom of the page. 32 .1. character defining element in the geography of the downtown area and adjacent residen- tial neighborhoods and are historically significant because they posed natural barriers to urban development. In the late nineteenth century, ravines became engineering struc- tures, constructed to control surface water runoff. They also traditionally afforded natural routes for pedestrian transportation: Paul Caplazi, for example, described a path from Holcombe's Addition to downtown which ran through the ravine between Holcombe- and Fourth near the Baptist Church, down Pine to the Junior High School, as the route used by school children. Finally, the ravines form the natural boundaries between the North Hill and South Hill neighborhoods. Historic designed landscapes characterize the peculiarly geographic association of his- torical forms, physical and cultural, and exemplify principles or schools of landscape architecture. Lowell Park represents an extensive constructed landscape that is significant because of its artistic qualities and its historical association with the City Beautiful Movement. Other designed city parks and open space areas may also be significant as historic sites. Sites such as cemeteries and neighborhood parks are significant because of their asso- ciation with trends in urban design; some may also have value as examples of landscape art. Streets are the focal point of every neighborhood and historic street furniture, as well as designed landscape elements along streets, may have preservation value. (For exam- ple, many of the boulevard trees planted in the nineteenth century are still standing.) Levee walls and sections of street or sidewalk pavement may also have historic preserva- tion potential as structures which contribute to the significance of groups of historic buildings or designed historic landscapes. The major land use planning features of the Stillwater urban plan are (1) the gridiron street plan, (2) the division of the city into commercial, and residential quarters, (3) its system of public open spaces, and (4) the development of high ground sites for civic buildings, churches, and the showplace residences of the wealthy elite. The gridiron street pattern is best preserved in the original platted area downtown and in the North Hill, South Hill, Schulenburg, Dutchtown, Sabin, Greeley, Lily Lake, and Staples HPPAs. There are other potential historic properties associated with efforts to plan and design munici- pal development. Evidence of land use planning appears in the gridiron plat, the rectan- gular street system, division of the city into commercial and residential districts, and in the density, height, bulk, and spacing of buildings and structures develdped under mod- ern zoning regulations. The contrast in historic feeling between older and newer HPPAs is an important aspect of significance with regard to historic landscape values. Representative Properties Lowell Park, levee, and pavilion. Main Street Steps to South Hill. neighborhood. Laurel Street Steps to North Hill. Pioneer Park. Preservation Planning Goals To date, neither the functional geography of Stillwater and its influence on changing patterns of land use, nor the historyof local urban planning, have attracted the atten- 34 HISTORIC CONTEXT V: THE ST. CROIX RIVER, RAILROADS AND OVERLAND TRANSPORTATION (1893-1931) Overview Stillwater has traditionally been the transportation nexus for the St. Croix Valley hin- terland. The St. Croix waterway was the first highway but surface roads were built at a very early date to link Stillwater with other settled areas, natural resources, and markets. The city was also an important shipping point on four regional rail lines. The importance of bridges in the city's physical history cannot be overemphasized. Historical Theme Stillwater was founded as a steamboat port and shipping point and remained a major transportation center during the period of railroad supremacy. The development of the modern transportation system, based on the automobile, caused the town to decline in importance during the first decades of the twentieth century; nevertheless, Stillwater remains the focus of the St. Croix Valley transportation network, just as it has since 1843. The St. Croix River is the most important single part of Stillwater's natural endow- ment. Its headwaters are in northwestern Wisconsin and the river flows southwest 164 miles to its junction with the Mississippi River (at Pt. Douglas) about forty river miles downstream from the Twin Cities. Hennepin named it the R. de TomBeau on his 1683 map — the "River of the Tomb" was so -named, we are told, because a member of Hennepin's Mdewakanton Dakota escort was fatally injured near the mouth of the river by a rat- tlesnake bite. The St. Croix is labeled R. de MagdeIaine on a French map of 1688 but by 1703 Riviere Sainte -Croix was its standard cartographic representation. Traditionally, St. Croix commemorates the name of a French trader shipwrecked at the mouth of the river in the late seventeenth century. Since 1848, the lower 127 miles of the river's length has formed the boundary between the states of Wisconsin and Minnesota. In pre -lock and dam times, the river was navigable as far as Stillwater in all seasons; between Stillwater and Taylors falls by shallow -draft vessels; and above the falls only by small boats and canoes. Native Americans may have traveled by water up and down the St. Croix Valley using dugout log or birchbark canoes for centuries before the arrival of the French explor- ers, but the fur trade was the first commercial use of the St. Croix waterway. By the 1840s, heavier flatboats and rafts were common on the Mississippi above Prairie du Chien, but their occurrence at Joe Brown's Dakotah is not documented. At a very early date the St. Croix provided a highway for steamboats. The river steamboat was invented in the early nineteenth century and was used experimentally on the Upper Mississippi between 1819 and 1838; by 1860, there 'were more than a thousand steamboats in ser- vice on western waterways. The flat-bottomed, double -decked, paddle -wheel propelled model was the most important type of common carrier on the St. Croix. After the Civil War, larger packet and excursion boats, some which resembled floating palaces, plied between Stillwater and the Mississippi ports. 36 logs to downriver mills to the shipping of finished lumber, lath and shingles by rail: "Only when the mills at Stillwater could not saw all the logs from the boom, were rafts of logs sent south by river.1131 The navigation season for steamboats was, on average, March -November; during December -February, the St. Croix was gorged with ice. There were years, however, when the river was closed to traffic as early as mid -November and dangerous conditions lasted until mid -April. Moderate to high water depths assured a satisfactory channel for boats between Hastings and Stillwater during the late spring and early summer months. In dry years, low flows restricted use of the Lower St. Croix in late summer and fall, but seldom closed the river. Local authors contend that when the steamboats of the Diamond Jo and other packet boat lines could not ascend the Mississippi to St. Paul because of low water, they sometimes used Stillwater as an alternate port of call. Although railroad traffic grad- ually supplanted river traffic, Stillwater remained an important port of call for Upper Mississippi River steamboats until after the turn of the century. The St. Croix River in its natural (i.e., pre-1851) condition consisted of two connected water bodies: the Upper St. Croix River, a shallow stream flowing through a narrow gorge, interrupted by shoals and rapids; and Lake St. Croix, an elongated, relatively deep pool that extended from a little above Stillwater to the junction with the Mississippi River at Pt. Douglas. As soon as the St. Croix Valley was opened to settlement, fur trade inter- ests joined forces to effect a radical change in the river's morphology. In 1851 the Stillwater Boom Company constructed its log barrier from bank to bank a little above Stillwater;. in their study of the waterfront, Roberts and Fried noted that this innovation effectively blocked all commercial river traffic upstream from Stillwater and had an adverse effect on the development of Marine, Osceola, and other upper valley towns. In 1889-1890, another combination of loggers caused the construction of the Nevers Dam, located about 11 miles above Taylors Falls, which impounded the upper river, thereby allowing the lumber companies to manipulate water levels for their own purposes. The first public navigation improvements were undertaken under the jurisdiction of the St. Paul office of the Army Corps of Engineers (established in 1866) and focused on the occasional removal of snags and log jams from the Lower St. Croix. In 1935, Congress authorized construction of a 9-foot navigation channel in the Mississippi from the mouth of the Missouri River to Minneapolis; the 9-foot channel had been extended 24.5 miles up the St. Croix to Stillwater by the time Lock and Dam No. 2 (Hastings) was completed in the late 1930s. The channel above Stillwater was occasionally used by steamboats before the construction of the St. Croix Boom; after 1914, the upper river was open to small boats. Railroads came to Stillwater at a comparatively early date. The first steam railways had been developed in England during the 1820s and spread to the United States in the 1830s. In 1840, there were just under three thousand miles of track laid, most of it along the Atlantic seaboard; by 1860 more than thirty thousand miles of railroad had been constructed in a network that stretched ftom the Atlantic to the Mississippi. Their first function was to provide an all-weather, year-round roadway for the movement of passen- gers and general freight between St. Paul and the St. Croix Valley. The effect of the Panic of 1857 on railroad development was disastrous nation-wide, but between the Civil War 31Norene Roberts and John A. Fried, Historical Reconstruction of the Rivenront, Stillwater, Washington County, Minnesota (Minneapolis, 1985), p. 37. 38 & Northwestern moved into a controlling position of the line. The original line between Hudson and Stillwater was abandoned many years ago, but the West Wisconsin branch is still operated by the Chicago & Northwestern. The directors of the St. Paul, Stillwater & Taylors Falls also started two other railroads in the area, one to River Falls, Wisconsin, and another to South Stillwater (present-day Bayport). The 2.16 mile link was completed in 1873 by the St. Croix Railway & Improvement Company and was absorbed into the St.P. S. & T.F. At a later date, the route through Stillwater Junction was replaced with an extension from South Stillwater to the West Wisconsin main line near the Hudson bridge created a more direct route between Stillwater and Hudson. The branch is still in use between Hudson and Bayport. Construction of the Stillwater & Hastings line was undertaken by the Stillwater & Hastings Railway Company, which was formed in 1880. Track was laid from the St. Paul, Stillwater & Taylors Falls to the sawmill complex at Lakeland. The Stillwater & Hastings was bought up by the Chicago, Milwaukee & St. Paul Railroad in 1882 and a large depot, now known as the Freight House, was opened in Stillwater in 1883. The Milwaukee Road "Peanut" line was used for freight and passenger service until 1957 and the branch was abandoned in 1979. The first electrified interurban rail line was built in Kansas City in 1884 and by 1890 electric street railways were the rage in urban areas across the country. An electric street railway was constructed in Stillwater 1889 and operated until 1897, with five lines link- ing the downtown with the residential districts. In 1892 the St. Paul & White Bear Railroad electric car line was built to serve communities along the Stillwater -St. Paul axis. Freight was always more important than passengers with the regular railroads, and the St. Paul & White Bear filled an important economic need by transporting workers, tourists, and shoppers between urban centers. The trolley line used electric power for its passenger trains and was able to compete quite successfully with the steam railroads until the 1920s; service was discontinued in 1932. In the first decades of the twentieth century, the railroads were faced with competition from automobiles, trucks, buses, and modern river towboats and barges. By the 1920s the railroads serving Stillwater had lost most of the passenger traffic between the St. Croix and the Twin Cities. The Northern Pacific ended passenger service to Stillwater in the- fall of 1927, although the Union Depot ticket office was kept open for some years afterward. The Milwaukee Road pulled out in 1950 and ten years later the Union Depot was demol- ished. The railroads held their own in freight traffic until after World War II. A majority of the freight moved in and out of Stillwater consisted of heavy, bulky products, such as lumber, grain, and coal. but the significance of railroads in Stillwater history goes far beyond transportation. Besides the depots and freight houses, a substantial number of downtown buildings were built by or used for various railroads and related businesses. The social impacts of railway travel tended to break down rural isolation and made Stillwater an integral part of Minnesota. The trolleys of Thomas Lowry's interurban rail- way gave Stillwater residents access to the Wildwood amusement park, spurred develop- ment of summer cottages along Lake St. Croix and enhanced Stillwater's reputation as a tourist destination. The railroads were also labor-intensive (4.4% of the national labor force in 1910, according to the census), and it can be reasonably deduced from the sec- W commercial district declined in importance, and as early as the 1940s many of the com- mercial buildings along the levee were abandoned. Beginning in the 1950s, a new, thriv- ing commercial district started to develop along U.S. 36. Demolition of historic buildings and old transportation structures accompanied the construction of improved thorough- fares. Major Bibliographic References Buck, Anita Albrecht. Steamboats on the St. Croix. St. Cloud, 1990. Durant, Edward W. Lumbering and Steamboating on the St. Croix River. St. Paul, 1979 (reprint). Merritt, Ray H. A History of the St. Paul District Corps of Engineers. Washington, 1979. Prosser, R. S. Rails to the North Star. Minneapolis, 1966. Roberts, Norene A., and John A. Fried. Historical Reconstruction of the Riverfront. Stillwater, Washington County, Minnesota. Unpublished report, 1985. Thilgen, Dean R. Valley Rails. A History of Railroads in the St. Croix Valley. N.p., 1990. Stillwater-Houlton Interstate Bridge National Register of Historic Places Inventory -Nomination Form. Chronological Limits The chronological boundaries of this historic context are the arrival of the steamboat Otter in 1843 and the completion of the Stillwater-Houlton interstate Bridge in 1931. Geographical Boundaries Properties associated with this historic context occur primarily within the boundaries of the Stillwater Commercial Historic District —Some transportation -related properties may also exist in the Dutchtown and Schulenburg HPPAs. PropertyT es Recorded and potential historic properties associated with transportation in Stillwater include above -ground buildings and structures and archeological sites associated with non -extant buildings and structures. Historic properties with well documented physical and historical associations with river transportation are not very numerous. Stillwater was not an excellent natural port — its most important aspect was its relationship to the lumber mills and boom — so it is not surprising that so little has survived from the pre-1914 period. Nevertheless, the levee was an important transportation terminal from the 1840s to the 1910s, when the lumber industry generated the largest proportion of the river traffic. Unfortunately, cultural resources associated with steamboating are among the scarcest and most threatened in Stillwater due in large part to the extensive post-1900 alteration of the waterfront envi- ronment; moreover, the significance of the levee has been underappreciated and the need to identify, evaluate, and protect buried cultural deposits has been nonexistent. Archeological deposits associated with the steamboat levee (including vessels and parts of vessels) may be buried beneath the modem waterfront or on the lake bed underwater. 42 distill the dense physical overburden of levee history in order to gain a clear understand- ing of the site as a complex cultural landscape rather than as a collection of isolated buildings, archeological features, and park improvements. No historically important shipwreck sites are known to exist within the city limits, but the potential exists for recovering data from the remains of smaller craft which may be buried under the existing levee or lie below the waters of Lake St. Croix. Stillwater's historic function as a transportation nexus resulted in a considerable amount of railroad and railroad -related construction; however, relatively little evidence of this architectural and engineering development activity has survived. Nevertheless, the sites of demolished depots and related railroad structures are well documented and have potential value as archeological sites. These potential historic properties will be surveyed and their research value evaluated. Transportation structures associated with railroads and highways will be included in future reconnaissance surveys of the HPPAs outside of downtown. The historic preservation value of railroad bed, sections of track, trestles, and other railway structures will need to be reevaluated as survey data accumulate. reduced shipping costs and created demand for beef, pork, and dairy products. The two decades between the panic of 1893 and the beginning of World War I are generally rec- ognized as the "golden age" of agriculture in the Middle West, and Stillwater shared in the region's agricultural boom. After 1880-1890, dairying was the main farm enterprise in much of Washington and St. Croix counties. (For many years, the Twin City Milk Producers Association was head- quartered in Stillwater.) In the late -nineteenth century, dairymen shipped farm -separated cream to Stillwater, where it was converted to butter and cheese. After 1905, most dairy farm operators sold whole milk rather than separated cream and most of this product was consumed as fluid milk or cream, with only a very small portion turned into butter and cheese. To increase their incomes, farmers also looked to Stillwater as a market for poultry, eggs, meat animals, fruits, and vegetables. Although the domestic market for dairy products expanded after 1890, advancements in farm mechanization, new health and sanitation regulations, development of motor transportation, the farm -to -market road system, and rural electrification led to a steady decrease in the number of dairy farms (and farmers). As a result, Stillwater declined as a service center for farm families but retained its farm trade center functions. Since the turn of the century, Washington County has also been a functional part of the Com Belt, a region characterized by the cultivation of small grains, livestock raising, and cattle and hog fattening. Com, soybeans, oats, wheat, and forage crops form the basis of this farming system. Corn, the dominant crop, is grown primarily as feed for live- stock fattened on the farm, but is also sold off -farm for cash. Since the 1950s, soybeans have replaced wheat as the region's principal cash crop. Historically, Stillwater has funs-. tioned as a local market for corn, soybeans, wheat, and oats; it has never been an impor- tant livestock market or shipping point. In the twentieth century, Stillwater's mills have focused on the production of concentrated feeds, rather than flour for human consump- tion. Stillwater also served its agrarian neighbors in other ways. City directories list farm implement manufacturers and dealers, feed mills, veterinarians, and land agents special- izing in farmlands; undoubtedly, a share of the business done by the town's banks, insur- ance offices, shipping agents, blacksmiths, and lumberyards was also devoted to agricul- ture. Stillwater met rural people's civic and social needs with the courthouse, law offices, schools, churches, and clubs. The Washington County Agricultural Society, organized in 1870 at Cottage Grove (where the county fair was held annually until 1873), was moved to Stillwater in 1874 when Isaac Staples succeeded in moving the event to a site near the Webster field racetrack in Stillwater, where a fairgrounds and buildings were erected. The fair moved to Lake Elmo in 1875, but returned to the Stillwater area in the early twenti- eth century. Major Bibli❑ ra hic References. Andreas, Alfred Theodore. Illustrated Historical Atlas of Minnesota. Chicago, 1874. Jarchow, Merrill E. The Earth Brought Forth: A History of Minnesota Agriculture to 1885. St. Paul, 1949. Stillwater City Directories. Titles and publishers vary. 1876-1990. U. S. Bureau of the Census. United States Census of Agriculture. Minnesota. 1925, 1930, 1935, 1940. we HISTORIC CONTEXT VII: LATE NINETEENTH AND EARLY TWENTIETH CENTURY INDUSTRIAL DEVELOPMENT IN STILLWATER (1860s-1930s) Overview Light manufacturing is by far the oldest and most important industrial activity in Stillwater. Most of the early industrial development was based on exploitation of the region's natural resources (lumber mills, flour mills, brickyards, etc.). Later industrial activ- ity was more diversified (machine shops, foundries, etc.) but gradually declined after World War I. Historical Theme Stillwater is in many ways a product of the Industrial Revolution in the United States, a period (ca. 1790-1870) characterized by a shift away from household industries toward the factory system. This revolution was made possible by the development of the national railroad transportation system and the introduction of new technologies which made large-scale manufacturing enterprises profitable. Taking the whole period of Stillwater's historic development, lumbering and the industries dependent upon forest products loom largest in the city's industrial profile and absorbed a disproportionately large share of its labor and capital resources from the 1840s to the 1880s. Flour milling and other indus- tries linked to late nineteenth century agricultural expansion followed: in fact, the decline of the lumber industry seems to have been a determining factor in the diversifica- tion of 5tillwater's industrial base between 1880 and 1920. Setting aside the industries linked to lumbering and agriculture (discussed above), manufacturing in Stillwater prior to 1890 was dominated by a small but diverse group of small-scale merchant capitalists. Household manufacture of durable goods for family needs had largely disappeared by 1860 and was never important in Stillwater, where small factories or shops producing light consumer goods such as clothing, bricks, shoes, tools, cigars, and furniture were the norm. Small shop industries also included black- smiths, job printers, and boat builders. These small industries catered largely to the local market in what was essentially an economy of farmers, merchants, and lumber mill workers. Chiefly a sawmill town and trade center, by the end of the nineteenth century Stillwater had developed a small but important industrial base. "The lumber industry in Stillwater has received the lion's share of attention from historians," writes Roberts in her study of the riverfront: but from the 1850s to the 1930s Stillwater was also a renowned manufacturing town. Local capitalists... many of whom trade initial fortunes in lumbering, diver- sified into manufacturing, wholesaling, and flour milling. These non -lumbering activities not only gave some spice to the makeup of Stillwater, but kept it from becoming little more than a small village when lumbering declined.33 33Roberts and Fried, Historical Reconstruction, p. 39. .• 1867 and in mass -production by the 1870s; carbon paper, patented in 1872, and the mimeograph, invented in 1890. Vocational schools came into being to teach typing, shorthand, and other office worker skills as well as the traditional industrial arts. Stillwater's industrial expansion brought not only progress but pain as well. The envi- ronmental cost of industrialization is all too evident in the contemporary photographic record, which depicts belching smokestacks and a St. Croix befouled by industrial wastes. Industrial development shaped the lives of ordinary working people, who customarily labored 12-hour shifts six days a week performing what were often monotonous, alienat- ing, and physically demanding tasks for low wages. In many cases, factory work was as dangerous as it was dehumanizing: boredom, fatigue, or simple carelessness extracted a high human cost and until the middle decades of the twentieth century worker's compen- sation was unknown. Both skilled and unskilled workers faced periodic unemployment and tended to bear the brunt of the periodic economic panics (i.e., depressions). Relatively few factory workers were women, except during the two world wars, although by the 1890s many jobs traditionally held by men, such as food processing, cigar mak- ing, and clerical work, were increasingly filled by women. Children were commonly employed at factory work and this unconscionable exploitation did not end until well into the 1900s. Most unskilled workers lived in substandard housing, which in some cases was provided by their employers, as in the case of part of the Northwestern Manufacturing and Car Co. work force, who lived in company houses on Maple Street. The history of organized labor in Stillwater before the 1940s is obscure, but it is apparent that Stillwater's working class population did not organize themselves with any- thing like the systematic effectiveness of the factory owners. Surveying the local histories. and city directories, it appears that there were several small craft organizations but no large labor unions. It would seem fair to characterize them as local, exclusively male, and weakened by small membership and divided power. Workers' strikes were informal and spontaneous, occurred intermittently in good economic times as well as during depressions, and were joined by union and nonunion workers alike. Throughout the his- toric period, local government and civic leaders firmly sided with the business communi- ty against workers. By the time the "new industrial order" arrived in the 1920s, much of Stillwater's industry was already extinct. The increasing importance of general manufacturing over lumber milling after 1880, and the decline of Stillwater industrial output generally after 1920, is reflected in the U. S. census of manufactures. Manufacturing from agricultural raw materials (including forest products) predominated during the early decades of the town's growth; only in the 1880s and 1890s did machine shop products become important. Construction and repair of transportation -related products was also important. From cursory analysis of census data and background historical information it seems that local manufacturing was expanding during the 1850s, until the Panic of 18S7 brought development to a screeching halt. The post -Civil War boom led to the establishment of a number of small factories and shops, but the Panic of 1873 again retarded industrial development. Industrial development was particularly healthy during the 1880s arid despite the depression caused by the Panic of 1893 Stillwater manufactures continued to increase in number, if not in size. Undoubtedly, much of the stimulus for this manufacturing boom came from the rapidly expanding domestic market and improved railroad connections with markets and 50 Industrial workers' housing should be evaluated primarily within the context of Stillwater's residential neighborhoods. Company houses' associative values with industri- al enterprises is of secondary importance to their historical and/or architectural signifi- cance as parts of Stillwater's housing stock. Representative Properties Simonet Furniture & Carpet Co., 305 S. Main St. Territorial/State Prison, N. Main St. Preservation Planning Goals Preserving the remnants of Stillwater's industrial past poses special challenges and problems. Most factories were occupied and used for industrial purposes for a relatively short period, and then, if they were not torn down, the buildings were converted to other uses. Factory workers lived generally quiet, simple lives and they left little written record of their experiences. Many of those industrial sites which survived the decline of Stillwater as a manufacturing center did not survive waterfront redevelopment and urban renewal. The archeological potential of the riverfront sites documented by Roberts and Fried should be evaluated on the basis of intensive archival research and archeological survey. Continuing preservation surveys in the Schulenburg and Dutchtown HPPAs will docu- ment industrial sites, buildings, and structures for evaluation within this historic con- text. 52 waterfront east of Water Street ... The current core of the business area today south of Commercial Street was the scene of a variety of retails concerns: dry goods stores, clothiers, hardware con- cerns, drug and jewelry stores, grocers, book sellers, confectioneries, cigar stores, meat markets, and shoe stores.35 Population growth and decline closely parallel the patterns of activity in Stillwater's downtown business district. A cursory study of census statistics for Stillwater between 1850 and 1960 reveals three tendencies. First, a rapid increase in population between the 1850s and the 1880s. In 1880, Stillwater's population peaked at something close to 16,000 and the town was a thriving center of industry and commerce. This was followed by a period of out -migration attributable to the decline of the lumber industry; by the time of the 1920 census, the 1880 high-water population mark had been halved and by the 1940s there were only about 7,000 inhabitants within the city limits. Finally, there has been a post -World War II population boom, triggered by the expansion of the Twin Cities metropolitan area into the western St. Croix Valley. Downtown Stillwater, the normal center for the commerce of the St. Croix Valley, was somewhat handicapped by its geography. Forced to meet the competition of other St. Croix Valley towns (e.g., Hudson, Bayport) for trade, Stillwater's regional importance was overshadowed by St. Paul and Minneapolis. The shift of the lumber industry westward, the drain of population, and the lack of developable land downtown all contributed to the river town's stagnant economic growth between the world wars. Ma'or Biblio ra hic References Roberts, Norene A. Intensive National Register Survey of Downtown Stillwater, Minnesota. Unpublished report, 1989. and John A. Fried. Historical Reconstruction of the Riverfront. Stillwater, Washington County, Minnesota. Unpublished report, 1985. Stillwater Commercial Historic District National Register of Historic Places Form. Chronological Limits The National Register of Historic Places inventory -nomination form sets the dates circa 1860s to 1940s for the Downtown Commercial District. i GeociriphicalBoundaries The physical limits of this context are coextensive with those of the Stillwater Commercial Historic District (see Map 4). Property Types The dominant historic property type is the commercial building. Most of the extant commercial buildings were constructed during the 1890--1915 period. For buildings con- structed after circa 1870, brick was increasingly common as the building material of choice. However, wood frame commercial buildings were probably the most numerous, especially for smaller utilitarian stores, shops, warehouses, and outbuildings. For Iarge 351ntensive National Register Survey of Do•hrttown Stillwater, Minnesota (Minneapolis, 1989), p. 26 55 ' Vic 2 X Y'K DUTCHTOWN iz- NORTH HIEC DOWNTOWN U - /-, - - r -11 1 -wf J-17=' 54- -Yj D 717 A- U TH HILL - I? J3 -1 .151� Z il�IrL�.." CITY OF STI LLWXFERM INN ESOTA Stillwater's major residential neighborhoods. w Stillwater, like most cities, has always had its hierarchy of places to live. North Hill acquired a reputation of somewhat disproportionate scale when Stillwater was young: it was stamped early with the brand of Victorian era capitalist optimism and as the city grew this became the image of the town. In his reminiscences, Paul Caplazi called the North Hill the "aristocratic part of Stillwater.1137 Because of the steep slopes, development on North Hill required extensive grading and many home sites are terraced. "The effect of these attractive places, and the public buildings on the rising bluffs, when seen from the lake is very striking" noted Warner and Foote.38 By all accounts, life on North Hill during the two decades before and after the turn of the century was full, human, pleas- ant, and varied. Today the neighborhood, with its fine homes and churches perched like citadels along the edge of the bluffs overlooking the downtown, gives the impression of settled age and established tradition. North Hill's counterpart was the South Hill, the neighborhood between Willard and Hancock streets, which emerged in the late -nineteenth century as a residential district occupied mostly by mill workers, mechanics, and tradespeople, but with a generous sprinkling of wealthy capitalists. During the boom years, land prices in Stillwater multi- plied with astonishing speed and farsighted individuals like Socrates Nelson bought farm- land and proceeded to subdivide their tracts into blocks and lots, which were offered as the new land base for the expanding urban population. South Hill started out as "Nelson's field" and was the site of a large dairy in the 1870s--1880s. Local histories tell us that the locality was known to the earliest settlers as "Zion Hill" and was later rechris- tened "Government Hill" after the construction of the county courthouse. The 4fultural dichotomy between Stillwater's largest neighborhoods began early, as their respective residential districts came to be identified as enclaves for the social and economic elite in the case of North Hill or as a bastion of working class values and tastes. Over the decades, these qualities became deeply rooted in Stillwater lore, so that a hun- dred years later the two neighborhoods are still viewed (however inaccurately) as repre- senting a division between the upper and lover class segments of Stillwater's population. Local mythology notwithstanding, both the North Hill and the South Hill neighborhood possess unusual charm and personality. The West Hill neighborhood, a wedge-shaped tract between the North and South Hill neighborhoods, was bounded on the north by the ravine beginning at Fourth and Myrtle and running northwest toward Laurel Street, thence west to McKusick Lake; and on the south by the ravine running from Fifth and Myrtle west to Ramsey and Greeley. For most of the twentieth century, the West Hill neighborhood was an important enclave of Italian immigrant culture. Dutchtown (originally called "Charlottenburg") was the working class neighborhood north of downtown. Most of the residents worked in the mills and factories, or were employees of the prison. The district includes many "company houses" built by the Northwestern Manufacturing & Car Company. As Stillwater"s industries expanded, laborers found housing in the temporarily unoccupied zone north of Schulenberg's Addition to the original town plat, where the dictates of topography made land cheap and house building precarious. Squatter shanties and isolated clusters of ramshackle working class houses slowly agglomerated through the late nineteenth century, when the 37Reminiscences orLire in Stilleater (unpublished manuscript, 1944), p. 9. 38Washington County, p. 555. •E School District No. 1 (later redesignated No. 9) was organized in Stillwater in 1850 and became a special district in 1863. The first Central School, historically the centerpiece of the school system, was built in 1869 on South Hill the courthouse. Its successor, Stillwater High School, was completed in 1887 and served the city until it was destroyed by fire in 1957; the West Wing was added to the campus in 1927 and remained in use until 1993. Smaller graded schools were dispersed in neighborhoods across the city: the Schulenburg School on North Second Street (1869), the Lincoln School at Second and Laurel (1873), the Greeley School (also known as the West Primary School) on South Greeley (1875), Garfield School on Laurel Street (ca. 1890), and the Nelson School on South First Street (1897). There were also private schools, including those affiliated with the German Catholic (1871) and Lutheran (1873) churches. in 1939, as part of a Federal relief public works project sponsored by the Works Projects Administration (W.P.A.), an Fast Wing was added to the High School for use as a junior high. Washington School was completed the same year and was also a W.P.A. undertaking. For public schools, utilitarian and wood frame construction were the norm in the early days, but brick schools became the stan- dard during the late nineteenth century. Masonry school buildings constructed in the twentieth century typically followed well -established forms for civic architecture, although the only school building upon which the taxpayers were willing to lavish the funds necessary for architectural sophistication was the High School. Organizations devoted to cultural, political, and benevolent activities abounded. These groups required centers for their public functions, places where members could assemble to see each other, and be seen. Some examples from a long list of clubs, soci- eties, orders, and groups; Freemasonry in Stillwater dates from 1849; the Stillwater Gesangverein, a German choral society, began in 1859; the Young Men's Christian Association arrived in town in 1872. Many of these organizations had their own meeting halls, clubhouses, or rooms scattered throughout the residential districts, most often housed in commercial buildings. The major commercial and financial needs of Stillwater's inhabitants were tradition- ally met by the businesses located in the downtown district. However, there were a num- ber of smaller businesses widely scattered through the residential neighborhoods which supplemented the downtown business district. As the rise of the city coincided with and stimulated the development of neighborhoods, residential streets became more important together at the intersections of important thoroughfares. Ias locations for commercial buildings, usually of modest proportions and often clustered n fairly rapid succession and in competition with one another, neighborhood business establishments came into being to Provide goods and services. By ca. 1940 the freestanding wood frame or brick corner store, two stories in height with shops on the ground level and apartments upstairs -- probably based on a Greek Revival prototype and seen in small towns, rural hamlets, and large cities throughout the United States — was a common aspect of the Stillwater neighborhood landscape. These corner groceries, hardware stores, bars, and filling sta- tions contributed significantly to the identity of each neighborhood. This dispersed com- mercial development was a piecemeal process and some residential neighborhoods had few shops; and because of the historically unstable nature of most small business, com- mercial buildings tended to be occupied by a succession of tenants engaging in a variety of enterprises. M tern of residential development (see Map 1); a seventeenth HPPA c6thprises the down- town district. Generalized neighborhood locations are exhibited on the accompanying context map, which makes no pretense at establishing functional or thematic bound- aries. (A note of caution: while preservation planners will need to draw boundaries around historic neighborhoods, they should not forget that the real neighborhood bound- aries exist in people's minds and may not be apparent physically.) Proporty TWes This historic context covers a broad range of architectural property types, including single and multiple family dwellings, commercial buildings, churches, schools, and out- buildings. The single family dwelling is the basic cultural form in Stillwater and the char- acteristic landmark of the neighborhoods. As noted above, because of the widespread adoption of national house -building forms during the nineteenth and twentieth cen- turies, there is relatively little ethnic or "folk" architecture in Stillwater. Very few struc- tures remain from the pioneer era (1843-1865). The great majority of the dwellings in the city were built in the national vernacular forms popular between circa 1870 and 1940.39 The dwellings constructed during the pioneer phase of Stillwater's development can be dealt with fairly quickly because most of these rude cabins, shacks, and shanties did not outlast the first generation's occupancy of the site. These were essentially small, crudely constructed, one-story buildings built chiefly of squared logs or framed with sawn lumber. Actual single- or double -pen log cabins — built as temporary shelters — were probably not the norm even during Territorial times. The typical circa 1860 residential building was a simple frame house — present-day observers would probably be tempted to call them "shacks" — with two rooms on the ground floor and a tiny attic or loft under the gable roof. Very few examples of this type of house survive intact, but they can be described from old photographs and lithographs. Most were torn down, incorporated into new construction, or converted to accessory uses. Descriptions of residential buildings in late nineteenth century Stillwater imply a transition to vernacular or popular architecture. These were balloon -framed buildings of modest size with clapboard siding, muitipaned windows, and fired brick chimneys. Most were simple, gable -roofed story -and -a -half cottages with ells and small porches. Some of these early dwellings form the core of later, more impressive residences, which tended to grow in stages, with additions to meet the changing needs and rising expectations of the owners. Vernacular house types present in Stillwater include specimens of the Gable -Front and Gable -Front -and -Wing ("Gabled Ell") families; various I -House and Massed Plan forms; the American Four -Square ("Corn Belt Cube") type and a variety of vernacular houses incorporating elements from the Greek Revival and Gothic Revival orders; and the omnipresent bungalow of the twentieth century. Buildings of style include examples of the Greek Revival, Gothic Revival, 'and Italianate, used for both residential and commer- cial construction; Late Victorian houses in the Emire, and styles; and various specimens of Eclectic house�n the Colonial Revival,Neoclassical, Shingle Craftsman, and Prairie Model. Mid -twentieth century dwellings include a wide range of 39Vernacular architecture can best be understood as common buildings based upon traditional notions of convenience and utility, combing functional construction with the free use of native or ordi- nary materials. These relatively simple buildings sometimes exhibit decorative details mimicking architectural period styles such as Queen Anne or colonial Revival. see: National Register Bulletin 31: Surveying and Evaluating VemacularAr&:recture. Preservation Plnnnin Goals Stillwater's residential neighborhoods have significant historic preservation potential and include districts, buildings, and sites which warrant preservation as functional parts of the modern city. Unfortunately, the database for making decisions about which proper- ties should be registered as heritage preservation sites is incomplete. No one knows how many potential historic homes exist within the citylimits, but the total number of pre- 1950 dwellings is believed to be more than four thousand, and of this number, it would not be unreasonable to expect five to ten percent to be of historical significance. Evaluation of individual properties' significance will require comparative data provided by a comprehensive inventory of the community's cultural resources -- very little survey work has been done to date in the city, outside of the downtown National Register district and documentation of a handful of scattered architectural landmarks. By the same token, the details of each neighborhood's historic context is not readily accessible by preservation planners. Lastly, relatively little is known about the local architects, builders, and contractors who produced the architecture preserved in Stillwater's old neighbor- hoods. These information gaps can be filled only through a comprehensive, systematic Program of local preservation survey work. The experience of cities comparable to Stillwater has shown that preservation surveys can be done at many different scales and applying a variety of identification methodolo- gies. Reconnaissance surveys for characterizing a neighborhoods' historic resources in general terms are the first step in the survey program, followed by intensive survey of individual. historic properties. Guidance for Stillwater's neighborhood surveys is provided by National Park Service in National Register Bulletin No. 24, which discusses the recon- naissancelintensive survey approach: Reconnaissance and intensive survey are often conducted in sequence, with recon- nalssance being used in planning intensive survey. They are also sometimes com- bined, with intensive survey directed at locations where background research indl- cates a likely high concentration of historic resources and reconnaissance directed at areas where fewer resources can be expected. They can also be combined with reference to different resource types: for example, in a given area it may be appro- priate to conduct an intensive survey of buildings and structures but only a recon- naissance with reference to archeological sites, while in another area archeological sites may require Intensive survey while buildings need Only a `once over lightly' examination.40 Identification goals are presented below in.the form of a prioritized list of Historic Preservation Planning Areas (HPPAS) where surveys need to be carried out before evalua- tion decisions can be made. It should be stressed that planning area boundaries are somewhat arbitrary and some historic neighborhoods probably overlap two or more HPPAs. However, as a planning tool, the HPPA offers the best available framework for organizing survey, evaluation, and registration activities is a systematic, cost-effective manner. Neighborhood surveys should be conducted in stages by HPPA in accordance with the following priority schedule. In practice, decisions about which areas to survey at any given point in time may be based on pending development projects which may affect historic resources within a particular HPPA. The recommended order of survey is as fol- lows: 400erry, et al., Guidelines for Local Surveys, pp. 12-13. e HISTORIC CONTEXT X: STILLWATER CITY, WASHINGTON COUNTY, AND STATE GOVERNMENT (1840-1940s) QVeryiew There is a strong localization of the development of public facilities within Stillwater, which has always functioned as an important regional public service center. Geographical and political factors seem to have been prominent in determining the loca- tions of courthouses, armories, schools, libraries, and other civic buildings, which tradi- tionally have tended to be clustered. Historical Theme From the beginning, Stillwater has functioned as an important center for governmen- tal activities at the federal, state, and county levels. Territorial jurisdiction over the St. Croix Valley was kaleidoscopic, with Dakotah/Stillwater falling under the jurisdiction of the Wisconsin Territory counties of Crawford (1839--1840) and St. Croix (1841-1848) before it became the seat of Washington County, Minnesota Territory in 1849. The initial presence of the Federal government in Stillwater was the post office, com- missioned in January 1846, and social and economic importance of this institution in the town's development can hardly be overstated. The first mails were carried by steamboat: by 1861, Stillwater enjoyed daily mail boat service via Prescott and Taylors Falls. In 1864 a three -times -a -week stagecoach line began operating between Stillwater and St. Paul; daily mail service between Stillwater and St. Paul was inaugurated in 1866. It is impor- tant to note that until the 1860s, the mails were Stillwater's only regular link with the outside world, and government postal policies encouraged the perfection of cheap, effi- cient cross-country communication. Between 1847 and 1883, rates were reduced from three to two cents per half -ounce, and such innovations as free mail delivery, the railroad post office (every railroad was a mail route), and the money -order system were instituted during the 1860s. Rural free delivery (R.F D.) commenced in 1896 and parcel -post in 1913 — no figures are available, but substantial numbers of Stillwater residents must have shopped in the catalogs published by the mail-order houses of Chicago and St. Paul. 8y the last decades of the nineteenth century, poor and working class families came to rely upon the post office as ❑ kind of bank, putting their extra earnings into the postal sav- ings certificates (a forerunner of the U. S. savings bond), which appeared in 1910. In 1903, the government built a new, modern post office at the corner of Myrtle and Second Street, which remained in use until 1967. The United States Government also housed its district land office in Stillwater between 1849 and 1858 and maintained a succession of armories in town, the first built in -1855. Stillwater was from an early date recognized as having political importance in the development of Minnesota as a territory and state. On 6 August 1846 Congress enacted legislation enabling the citizens of Wisconsin to organize a state government and Wisconsin was admitted to the Union with its present boundaries on 29 May 1848. That County government has been a dominant force in the development of Stillwater since the construction of the first courthouse in 1840. As discussed above, until 1840 what is now Washington County was part of Crawford County, Wisconsin Territory. This region was part of the original Northwestern Territory ceded to the United States by Virginia in 1784 and was attached to Michigan for judicial purposes. On 20 November 1841, Joseph R. Brown succeeded in passing an act in the Wisconsin territorial legislature organizing St. Croix County, with its seat of government at Brown's Dakotah townsite. The embryo county seat got off to a bumpy start with its first (and only) session of district court, a tale told and retold in half a dozen early narrative histories. According to Professor Folwell: In the very year of the organization of the new county of St. Croix, 1840, judge David Irwin of Madison, Wisconsin, was assigned to hold court there. He reached the county seat by way of the Fox -Wisconsin portage and Fort Snelling. On his arrival he found a sheriff in attendance, but Clerk Brown was absent, there were no jurors, and, so far as known, no cases awaiting trial. After passing a night on the floor of an unfinished log cabin, and faring on venison and fish seasoned with the salt he had brought in his pocket, the judge departed on the morrow never to return. Years passed before there was any further effort as nisi prius in Minnesota.42 This pioneer courthouse was the "Tamarack House" built by Joseph Brown in 1841 and was located near where Schulenburg and Boeckeler's lumber mill stood in the 1870s. This building, which was never afterward used for judicial purposes, was eventually torn down and the material used in the construction of another building downtown. In January 1846 the Wisconsin legislature designated Stillwater as the county seat of the new St. Croix County but attached the region to Crawford County, with its county seat at Prairie dti Chien, for judicial purposes. Creation of the Minnesota Territory brought the federal courts to the St. Croix Valley and the first United States district court holden in Minnesota territory was held at Stillwater during the rune term of 1848: there being no courthouse, court was held at John McKusick's, store. With the organization of Washington County in 1849, Stillwater was reestablished as a county seat and after state- hood the role played by the county government in civil affairs was enlarged. Counties are the ancient institution which represent the principal governmental sub- divisions in the United States, both geographically and politically. The central organ of Washington County government since its founding has been the five -member elected board of commissioners, comprised of members elected from county districts and vested with both legislative and administrative powers (i.e., taxing, licensing, regulating, zon- ing, appointment of county officers). In addition to the board of commissioners, elected county officials include the sheriff, clerk of court, treasurer, assessor, and recorder, all of whose offices have been traditionally housed in the county courthouse. Also located at Stillwater and working under the auspices of the county commissioners were the county highway department, health and welfare departments, surveyor, and assessor. In addi- tion to these county offices, the county seat has also housed the district court and local branch offices of federal and state agencies operating in such fields as agriculture, public health, and welfare. In 1847, John McKusick donated a parcel of land in Stillwater for a courthouse and jail. A contract was let and construction began the following spring, but building was suspended for several months,pending Congressional action on establishing Minnesota's 42Ibid., I:234. 70 A great increase in public safety came with the widespread use -of gas lighting. Coal gas gradually replaced wax candles, whale OR, comphine, and kerosene as the sources of illumination and in May 1874 the Stillwater Gas Light Company was organized as a joint stock company and granted the exclusive rights to manufacture and sell gas in the city. The company started laying gas mains along the principal thoroughfares that sum- mer and was eventually supplanted by electrical lighting. A major problem faced by the city was to obtain and distribute an adequate supply of clean drinking water. Until late in the nineteenth century, water for domestic use was obtained from wells, cisterns, streams, and Lake St. Croix. After the 1870s, water from McKusick Lake was distributed through wooden (later cast iron) pipes; this system was regularly improved and extended and was a subject of considerable civic pride. However, as advanced as Stillwater was with its water and gas works, its sanitary sewer system was medieval until just before the turn of the century. Cistern -flushed water closets were stan- dard in all of the genteel houses and public showplaces after 1860, but the outdoor privy was the norm in some residential neighborhoods until the 1890s and the main thorough- fares of the town were little more than equine latrines in the pre -automobile era. A municipal sewer system with cast iron pipes and brick mains was installed in stages from the 1880s on. Before the middle decades of the twentieth century, most people who became sick were attended in their own homes by physicians and nursed by relatives. Benevolent soci- eties aided their members in times of illness and some aided the sick gratuitously. Stillwater -had a hospital, opened in 1880 and operated by the city in a residential- neigh- borhood about a mile and a half southwest of the central business district. The story of Stillwater public schools seems to have been typical of the development of education in Minnesota. While the first schools were held in private homes, by 1848 the settlement could boast of its first schoolhouse, occupied by a private school, which was located at Third and Olive Streets. The local public school board was established in 1850 and for some years rented classroom space in a downtown commercial building. In 1869, the town erected its first public schoolhouses, the Central and Schulenburg schools. In 1887 the school board built Stillwater High-school — described as "an ornament to the city and monument to the enterprise of citizens — on Government Hill, opposite the Washington County Courthouse. Graded elementary schools (e.g., Lincoln, Nelson, Greeley, Garfield, Schulenburg) were a feature of neighborhoods throughout the city. Stillwater also provided cultural advantages for its citizens in the form of a lyceum and a public library. The lyceum movement, which had originated in New England in the 1820s, spread to Minnesota with the first wave of Yankee pioneers in the 1840s. In 1858 a Lyceum was organized in Stillwater which offered a small circulating library in addition to public lectures. The Stillwater Lyceum gave hospitable reception to a number Of prominent lecturers during the 1850s and 1860s but passed out of existence after the Civil War. The growth of Stillwater in the last three decades of the nineteenth century was accompanied by a remarkable expansion of the municipal public library. The Stillwater Library Association was organized 1859, an outgrowth of the lyceum movement, and occupied several locations until 1902, when, with the help of industrialist Andre Carnegie's largess, it found ❑ permanent home in the fine Classical Revival Style edifice on ]Fourth Street. 72 BIBLIOGRAPHY [Note: An asterisk [*] in the left margin denotes that a source is unpublished and available in a special col- lection or non -library repositon•.] Amundsen, Craig, et al. Stillivoter Downtown Plan. Prepared for the City of Stillwater by BRW, Inc., SEH, Inc., and JMA, Inc. December 1988. Andreas, Alfred T. Illustrated Historical Atlas of the State ofMinnesoto. Chicago: Andreas Atlas Co., 1874. Beardsley, Wendell G. And It Came to Pass: A History of the First United Methodist Church, Stillwater, Minnesota, 1841-1984. Robbinsdale: Patriot Printers, 1985. Blood, Tom, et al. Washington County Courthouse, 1885. [Stillwater]: privately printed, 1976. Bond, J. Wesley. Minnesota and Its Resources. Chicago: Keen & Lee, 1857. Buck, Anita Albrecht. Steamboats on the St. Croix. St. Cloud: North Star Press, 1990. *Caplazi, Paul. Reminiscences of Life in Stillwater. Unpublished manuscript, 1944. St. Croix Collection, Stillwater Pub! is Library. *Chatelain, Verne E. Joseph Renshaw Brown, Pioneer. Unpublished manuscript, 1929. Minnesota Historical Society, St. Paul. *Clarke, Lewis M. Map ofMcKusick and St. Paul Ravines, Showing Original Water Courses and Water Sheds, Stillwater, Minnesota. Stillwater City Engineer Office, February 1888. Stillwater City Hall. Disabled American Veterans Auxiliary, Chapter 17. Stillwater Business Ventures, 1860-1931. Stillwdter, 1978. Dobbs, Clark A. (comp.). Historic Context Outlines: The Pre -Contact Period Contexts. Minneapolis: Institute for Minnesota Archaeology, n.d. [Prepared for Minnesota History in Sites and Structures: A Comprehensive Planning Process.] Historic Context Outlines: The Contact Period Contexts. Minneapolis: Institute for Minnesota Archaeology, n.d. [Prepared for Minnesota "History in Sites and Structures: A Comprehensive Planning Process.] _ Dunn, James Taylor. "The St. Croix Valley Welcomes the Iron Horse." Minnesota History 35 (1957), 358--364. . "The Minnesota State Prison During the Stillwater Era, 1853-1914." Minnesota History 37 (1960), 137-151. —_. "Minnesota's Oldest Courthouse." Minnesota History 38 (1962), 186-189. �. The St. Croix: Midwest Border River. Rivers of America Series. New York: Holt, Rinehart & Winston, 1965. Durant, Edward W, "Lumbering and Steamboating on the St. Croix River." Minnesota Historical Society Collections 10:2 (1905), 645--675. [Reprint ed., Minnesota Historical Society, 1979.) Easton, Augustus B., ed. History of the St. Croix Valley. 2 vols. Chicago: H. C. Cooper, Jr., & Co., 1909. Washington County, 1:207-489.1 Folsom, William H. Fifty years in the Northwest. E. E. Edwards, ed. St. Paul: Pioneer Press Co., 1888. (Washington County pp. 355-431.] 75 Merritt, Ray H. Creativity, Conflict, and Controversy: A History of the St. Paul District U.S. Army Corps of Engineers. Washington: Government Printing Office, 1979. Mitchell, William A. "Stillwater, Minnesota — Its Industries and Prospects." Wood and Iron 2 (1882), 163-165. Morrell, Anthony U., and Arthur Nichols. Plan of the City of Stillwater. Minneapolis: Morrell & Nichols, Landscape Architects, 1918. Newman, Mildred A. The Rutherford Neighborhood, 184S�-1965. Stillwater: Croixside Press, 1969. Peterson, Brent T., and Dean R. Thilgen. Stillwater: A Photographic History, 1843-1993. Stillwater: Valley History Press, 1992. Pratt, George B. The Valley of the St. Croix, Picturesque and Descriptive. Neenah (Wis.): Art Publishing Co., 1888. Prosser, R. S. Rails to the North Star. Minneapolis: Dillon Press, 1966. Quackenbush, Orville F. The Development of the Correctional, Reformatory, and Penal Institutions of Minnesota: A Sociological Interpretation. Ph.D. dissertation, University of Minnesota, 1956. Quimby, George I. Indian Life in the Upper Great Lakes. 11,000 B.C. to A.D. 1800. University of Chicago Press, 1960. Rector, William Gerald. Log Transportation in the Lake States Lumber Industry 1840-1918. American Waterways Series 4. Glendale (Cal.): The Arthur H. Clark Co., 1953. *Roberts, Norene. Intensive National Register Survey of Downtown Stillwater, Minnesota. Final Report prepared for the Stillwater HPC by Historical Research, Inc., Minneapolis, August 1989. State Historic Preservation Office, St. Paul. * , and John A. Fried. Historical Reconstruction of the Riverfront. Stillwater, Washington County, Minnesota. Prepared for the St. Paul District Army Corps of Engineers by Historical Research, Inc., and Associated Architects and Engineers, Inc., July 1985. State Historic Preservation Office, St. Paul. Robinson, Doane. The History of the Dakota or Sioux Indians. Minneapolis: Ross and Haines, 1967. [Reprint of 1904 edition.] _ *Rogers, Lawrence E. Pioneer Lawmen of Stillwater 1840-1900. Unpublished term paper, Metro State University, 1984. St. Croix Collection, Stillwater Public Library. Roney, E. L. Looking Backward- A Compilation of More than a Century of St. Croix Valley History. Stillwater: privately printed, 1970. Rosenfelt, Willard E., ed. Washington: A History of the Minnesota County. Stillwater: Croixside Press, 1977. Roufs, Timothy G. The Ashinabe of the Minnesota Chippewa Tribe. Phoenix: Indian Tribal Series, 1975. *Runk, John. Collection. Unpublished photographs. Minnesota Historical Society, St. Paul. St. Croix Collection. Scrapbooks and vertical files in the Stillwater Public Library. Sanborn Insurance Atlas. "Stillwater, Minnesota." 1884, 1888, 1891, 1898, 1904, 1910, 1924, 1956, 1961. Sanborn Map Publishing Company, New York. Shepard, Myron. Sectional Mop of Stillwater, Minnesota, from Accurate Surveys by Myron Shepard. St. Paul: Pioneer Press Co. Lith., 1878. *State Historic Preservation Office (SHPO). Inventory files: Washington County. Records of local 77 GLOSSARY American Four -Square - a vernacular house form also known as the Corn Belt Cube com- monly built between ca. 1890 and 1940 in both rural and urban situations throughout the Middle West. archeology - the science which deals with the study of past human activities through evi- dence found beneath the surface of the ground. architecture -- the art and profession of designing and constructing buildings. Also used to describe the design and construction characteristics of a building or structure. architecture history - the study of architectural styles, periods, forms, architects, and building technologies. It is commonly regarded as a branch of architecture or art history. boom - a floating barrier of logs connected with chains used to prevent -floating logs from dispersing. building - term used in relation to any architectural entity constructed principally to shelter any form of human activity, including houses, stores, factories, mills, hotels, schools, churches, and garages. Bungalow - a late nineteenth century architectural movement sometimes referred to as Bungaloid and closely related to the Craftsman Style. Also, the generic term for any small dwelling of modest pretensions built between ca. 1900 and 1944. City Beautiful Movement -- the movement in landscape architecture and planning advo- cating the beautification of urban environments through comprehensive planning and the development of parks, boulevards, and other public amenities. Classical Revival - generic term for several period revival styles of the late nineteenth and early twentieth centuries, including Greek Revival and Neoclassical. Colonial Revival -- one of the period revival styles of the late nineteenth and early twenti- eth centuries, based on Postmedeival English, iGeorgian, French, Spanish, and Dutch colo- nial house forms. comprehensive planning -- the process that integrates historic preservation wi municipal planning agtic-ities. th other Contact Period -- the division in the scale of historic time between the Pre -Contact and Post -Contact periods, covering the interval between the date of initial contact between Native Americans and Europeans in the St. Croix Valley in 1580 and the removal of the Dakota and Ojibwe tribes to reservations between 1.851 and 1862. Corps of Engineers — the civil engineering branch of the United States Army responsible for flood control and na,zgation of the Mississippi River and its tributaries, including the St. Croix. Craftsman - early twentieth century architectural variant of the vernacular Bungalow builder's catalogue house promoted by Gustav Stickley and other leaders of the Arts and Crafts Movement. cultural resource - any work, cultural or natural, that is primarily of interest for its histor- 79 ical, archeological, architectural, cultural, or aesthetic value. district - a concentration of sites, buildings, or structures that are related historically or functionally. Eclectic - a late nineteenth and early twentieth century architectural movement stressing historical interpretations of traditional European and New World colonial houses. Euro-American - the culture of New World Europeans; also used to identify members of any of the ethnic groups in the United States not of Native American or African American extraction. European - in the context of the Contact Period in Minnesota history, any Caucasian or white inhabitant of the French or British colonies. evaluation - the process of determining whether a historic property meets the eligibility criteria established for the National Register of Historic Places or the local heritage land- marks registry. Federal - an Early Republic architectural style, also known as Adams or Adamesque; as a revival style, it was a popular form for public and commercial buildings in the early twentieth century. gable -front - a vernacular house form, sometimes referred to as the Mechanics Cottage, constructed in numbers between the Civil War and World War 1. Generally regarded as the predecessor of the Bungalow due to its standard plan and standardized parts. gable -front -and -wing - a vernacular house form also known as the Upright -and -Wing and the Gabled Ell, the most popular house type of the late nineteenth and early twenti- eth centuries in the New England, Great Lakes, and Middle West regions. Good Roads Movement - the movement for improved -highways spawned by the bicycle craze of the 1890s and the perfection of the automobile in the 1900s. Gothic Revival - a mid- to late nineteenth century style period subdivided by architectural historians into Early or Carpenter Gothic (ca. 1$50s-1.860s), Second or Victorian Gothic (ca. 1870s-1880s), and High Victorian or Academic Gothic (ca. 1890s-1930s) phases. Greek Revival -- a mid -nineteenth century architectural style period in the Romantic tradi- tion, which reached the zenith of its popularity in the Eastern United States between the 1830s and 1850s. Greek Revival forms persisted in the Middle West up to ca. 1900. Heritage Preservation Commission (HPC) -- the municipal advisory body appointed by the city council to advise the city on matters relating to historic preservation. The respon- sibilities of the Stillwater HPC include designation and regulation of historic sites and dis- tricts and public education. historic context -- in historic preservation planning, an organizational framework that groups information about cultural resources based on historical theme. As used in this - document, a broad pattern of historical development represented by cultural resources in Stillwater, historic preservation - the process of applying measures to preserve and protect the form, physical integrity, and cultural resource values of historic properties. historic preservation planning area (HPPA) - an artificial planning district used to orga- nize survey and comprehensive planning activities. :� Period; locally, the period before the initial European reconnaissance- of the St. Croix Valley, which commenced in 1680. Queen Anne - a sate Victorian architectural style period, including Queen Anne -Eastlake variants, characteri2ed by irregular ground plans and massing with complex roof shapes. The style was popular throughout the United States between ca. 1860 and 1910 and is the most common Victorian era architectural form in Stillwater. ravine - a long narrow depression in the land's surface, smaller than a valley but larger than a gully; several gullies often lead into a ravine, and several ravines may lead into a valley. Renaissance Revival - a Late Victorian architectural style period including Romano - Tuscan, Second Renaissance, and other modes, generally dated to ca. 1880s-1920s. Romanesque - a late Victorian architectural style period that includes the Richardsonion Romanesque variant. Romantic - post -Colonial period architecture based upon classical and medieval prece- dents, including the Greek Revival, Gothic Revival, and Italianate. St. Croix Triangle - historically, that part of eastern Minnesota between. the St. Croix and the Mississippi River, containing the principal nodes of pre- 1850s settlement at Stillwater, St. Paul, Taylors Falls, Marine, and Pt. Douglas. This region comprises the modern coun- ties of Washington, Ramsey, Anoka, Chisago, and Pine and was essentially the western half of the St. Croix Valley. Second Empire - a late Victorian architectural style period, also known as French Second Empire Or Mansard, represented in both residential and institutional architecture built in the ca. 1850s-1880s. sense of place - the physical, cultural and historical attributes of a place that give it a distinctive character. Shingle - a Late Victorian architectural style period from the 1870s through the 1890s characterized by lavish use of decorative wood shingles on exterior roof and wall planes. site - the location of an historical event, commonly used to denote an archeological deposit or the location of a vanished building or structure. State Historic Preservation afficl (SHPQ) _. agency created in each state and territory by the National Historic Preservation Act of 1966 that is responsible for implementing Federal historic preservation policy. In Minnesota, the SHPO is part of the Historic Preservation, Field Services, and Grants Department of the Minnesota Historical Society. streetscape - the distinguishing character of a street, including its physical configuration, Paving materials, street furniture, and the facades of the buildings fronting on it. structure - term used to distinguish functional constructions such as bridges, roadways,: mounds, and railroad grades from -buildings. style - in architectural history, building forms characterized by their composition, struc- ture, ornamentation, and general character; also used to encompass'the qualities shared by the professionally designed architecture during a particular historic period. subculture - as used in this document, an area within a neighborhood that is distin- • • MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, Planner Date: January 28, 1999 Re: Heritage Preservation Commission letter to National Park Service regarding revisions to the National Wild and Scenic Rivers Act. Attached is a page from the December 9, 1998 Federal Register. One of the articles is from the Department of the Interior. The agency is considering revisions to the Wild and Scenic River Act. The revisions would "establish uniform standards and procedures by which the Department of the Interior, through its agencies which administer rivers in the National Wild and Scenic Rivers System ". The St. Croix River is governed under the Wild and Scenic Act. Historical structures and other edifices are not addressed in the original act. The HPC is taking this opportunity to suggest to the National Park Service that it should protect and preserve all its cultural and historical resources, in Stillwaters' case this would include the bridge. The Commission is requesting Councils review and approval to sent the letter. Staff suggests that Council initiate a letter to the National Park Service too. The more letters addressing preservation of the cultural and historical resources along the rivers, the better. Mr. John Haubert National Park Service Room 3230 1849 C Street, NW Washington DC 20240 We have three suggestions: iliWatet THE BIRTHPLACE OF MINNESOTA Re: FR Doc.98 -32581 Wild and Scenic Rivers February 2. 1999 Dear Mr.' Haubert, The following comments are in regard to the proposed regulation published in the Federal Register December 9, 1998, entitled Wild and Scenic Rivers. Considering the interest for consistency among Wild and Scenic Rivers- administering agencies, the proposed procedure is overly broad in scope, and yet too general in application, to provide appropriate guidance for analyses of proposed water resources projects. 1)To the extent that the Wild and Scenic Rivers Act (16 USC 1271 -1287) serves to protect "other values of designated rivers ", implementing procedures should provide equal consideration of various characteristics of a given project. Specifically, Section 1273 reco • nines three types of rivers: (a)wild, (b)scenic, and (c)recreational. Further, recreational river areas are readily accessible by road and may have some shoreline, development. Section 1278 does not preclude government assistance to developments below or above rivers that are actually classified in one of these three ways. Oftentimes, river areas include historic communities, and one of the objectives of the Act is to the values that existed at the time a river was designated. Consequently, we suggest to modify 43 CFR Part 39.2 to eliminate bridges and other roadway construction projects from the definition as related to recreational areas, which in their nature have different characteristics than wild or scenic rivers. Indeed, the same reasoning may apply to levee walls and boat ramps; 2)Part 39.4, which describes the review process to be used by federal agencies, should be amended to provide an exception for bridges in recreational areas; CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • 3)Part 39.4 should be further amended to recognize the importance of, and therefore exempt, all historical structures in the river areas, or at least those that are on the National Register. Finally, we recognize that the governmental process is complex, especially in this instance where there are many river - administering agencies, besides the US Department of the Interior. Yet in this context, given the unique role of the US Department of the Interior, and the National Park Service, to protect the national heritage, we look for simplified regulations that avoid in their nature any adverse impact on historic structures. We do believe this is the intent of the US Congress. Thank you for your consideration. Sincerely, Howard Lieberman Chair Heritage Preservation Commission City of Stillwater cc Mayor and Council -City of Stillwater • 'YYLYIyYili7iil WYYY' THE BIRTHPLACE OF MINNESOTA • Mr. John Haubert National Park Service Room 3230 1849 C Street, NW Washington, DC 20240 Re: Wild and Scenic Rivers Act Comments Attn: Proposed DOI Wild and Scenic Rivers Rulemaking We wish to comment on the DOI proposed rule change published in the Federal Register on December 9, 1998 (FR Doc. 98- 32581). Our comments are focused on three areas: 1) Levels of designation - Wild, Scenic and Recreational The rules must distinguish between the three levels of designation under which a river may have been originally designated when evaluating permitted uses. These include the designations of either wild, scenic or recreational . A River may be designated under only one but may also be designated with segments under each of the three levels as in the case of the St. Croix River bordering Minnesota and Wisconsin. The recreational reaches are typically developed and accessible segments of the river that the original Act supports and encourages for further development of access and recreational use. The rules now and even more so as proposed, treat all levels the same, and often as the more restrictive wild designation. This evaluation of all projects under the more restrictive uses of the wild or scenic designations prevents development of access for which the recreationally designated segments were established. 2) Protection of Cultural and Historical Resources The agency requesting this rule change is also responsible for our cultural and historical resources through the Historic Preservation Office of the Department of the Interior. Many of the criteria under which the DOI evaluates acceptable uses or projects under the Act run contradictory to the preservation of historically significant resources. These historic resources, many on the National Register of Historic Places, are under the protection of the DOI yet are not acceptable when reviewed under the Act. These historical features are commonly located along these rivers, especially those designated as scenic or recreational and are often a part of the river's character and personality for which it was originally designated. Examples of these historical features significant to our culture is historic river towns, bridges and marine facilities. Each of these represents our working rivers that are now part of our recreational designated segments under the Act. These resources must not be required to be removed as mitigation when evaluating projects under the Act. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 National Park Service Page 2 Sincerely, 3) Inappropriate addition of Bridge and Roadway Projects The specific wording "bridge and other roadway construction /reconstruction projects" that is proposed to be added to the Act by the rule change under Section 7, Part 39.2, Key terms - 'Water Resources Projects" must be removed. These project types are by legal definition not part of the definition of water resource projects but are covered under the transportation area of law. The Federal Highway Administration has authority over transportation projects that include bridges and roadways. Please consider these comments in your final draft of this rule change. Howard Lieberman, Chairperson Heritage Preservation Commission City of Stillwater • 1 1 1 • Ted Thompson, Rep. Big Luther (MN -6) 67834 Federal Register / Vol. 63, No. 236 / Wednesday, December Air Quality Planning and Standards, Re earchTtiangle Park, NC, 2771:, in preparaticn. EPA, (1999b) Measuring Air Quality: The Pcllutar.t Standards Index, Printing hianagemertt Office, U.S. Environmental Prutectior: Agency. 401 M Street, SW, Washington, DC 20460, in preparation IFR Doc. 98 -32571 Filed 12 -8 -98: 8:45 am BILLING CODE 55 &0 -50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 152 and 156 [OPP- 250127; FRL- 6042 -81 Antimicrobial Pesticide Products; Other Pesticide Regulatory Changes; Notification to the Secretaries of Agriculture and Health and Human Services AGENCY: Environmental Protection Agency (EPA). ACTION: Notice to the Secretaries of Agriculture and Health and Human Services. SUFAMARY: Notice is given that the Administrator of EPA has forwarded to the Secretaries of' Agriculture and Health and Human Services a proposed rule under sections 3 and 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). The proposed rule would establish procedures for streamlining the pesticide antimicrobial. program and make other changes to current pesticide regulatory and labeling provisions. This notification is required by FIFRA sections 21(a) and 25(a). FOR FURTHER INFORMATION CCNTACT: By snail: Jean M. Frane, Field and External Affairs Division (7306C), Office of Pesticide Programs. Environmental Protection Agency, 401 M St., SW., Was'nington, DC 20460. Oftce location. telephone number, and e-mail address: Rm. 1116C, Crystal Mall N2, Arlington. VA. 703 -305 -5944, e -mail: frane. jeart @. epa.gcv. SUPPLEMENTARY INFORMAT1OI6 Sections 21(a) and 25(a) of FIFRA provide that the Administrator shall provide the Secretaries of Agriculture and Health and Human Services with a copy of any proposed regulation at least 60 days before signing it for publication In the Federal Register. If :he Secretary comments In writing regarding the proposed regulation 30 days after receiving it, the Administrator shall issue for publication in the Federal Register, with the proposed regulation. the continents of the Secretary, if requested by the Secretary, and the response of the Administrator To: Jay Kimble 12111198 Page 2 of 5 10:36:08 concerning the Secretary's comments. If the Secretary does not comment in writing within 30 days after receiving the proposed regulation, the Administrator may sign the proposed regulation for publication in the Federal Register anytime thereafter. As required by FIFRA section 25(a) (3), a copy of the proposed regulation has been forwarded to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and For of the Senate. List of Subjects in Parts 152 and 156 Environmental protection, Administrative practice and procedure. Labeling. Occupational safety and health, Pesticides and pests, Reporting arid recordkeeping requirements. Authority. 7 U.S.C. 136s, I36w et seq. Dated: December 2. 1998. Marcia E. Mulkey, Di: ector. Office &Pesticide Progmns- IFR Doc. 98- 32681 Filed 12 -8-98; 8:45 aril 91LLWG CODE S560 -5D-F ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 (FRL- 6198 -8) Hazardous Waste Management Program: Final Authorization of State Hazardous Waste Management Program for Oklahoma AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA proposes to approve Oklahoma Department of Environment Quality's (ODEQ) RCRA Cluster VI Hazardous Waste Prograni under the Resource Conservation and Recovery Act (RCRA). The RCRA Cluster VI rules are listed in the rules section of' this Federal Register (FR). The EPA is approving the State's request as an immediate final rule without prior proposal because EPA views this action as noncontroversial and anticipates no adverse comments. A detailed rationale for approving the State's request is set forth in the immediate final rule. If no adverse written comments are received in response to this action no further activity is contemplated in relation to this proposed rule. If EPA receives adverse written conunents. EPA will withdraw the immediate final rule before its effective date by publishing a notice of withdrawal in the Federal Register. The EPA will then respond to public comments in a later final rule 9, 1998 /Prcposcd Rule based on this proposal. The EPA may not provide further opportunity for comment. Any parties interested in commenting on this action should do so at this Lime. • DATES: Written comments must. be received on or before January 8, 1999. ADDRESSES: Written comments referring to Docket Number 01(98 -2 may be mailed to Alinta Patterson, Region 6 Authorization Coordinator, Grants and Authorization Section (6PD -G), Multimedia Planning arid Permitting Division, at the address listed below. Copies of the materials submitted by ODEQ may be examined during normal business hours at the following locations: EPA Regicn 6 Library, 12th Floor, Wells Fargo Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas. Texas 75202 -2733, Phone number: (21.4) 665 -5444. Okiahonta Department of Environmental Quality. 1000 Northeast Tenth Street, Oklahoma City, Oklahoma, 73117 -1212. Phone number: (405) 271 -5338. FOR FURTHER INFORMATION CONTACT: Atima Patterson, (214) 665 -8533. SUPPLEMENTARY INFORMATION: For additional information see the immediate final rule published in the rules section of this Federal Register. Jerry Clifford, Deputy Regiunal Administrator. Regir.n £. IFR. Doc. 98 -32576 Fled 12 -8 -98: 8:45 aml BILL9■G CCCE 653 -50-P DEPARTMENT OF THE INTERIOR Office of the Secretary 43 CFR Part 39 RIN 1004 -AC67 Wild and Scenic Rivers AGENCY: 011ie of the Secretary, Interior. ACTION: Proposed rule. SUMMARY: The Office of the Secretary publishes this proposed rule in response to comments received on a proposed rule published by the Bureau of Land Management (BLM). and to improve Departmental consistency among Wild and Scenic River - administering agencies. Consistent with President Clinton's Government -wide regulatory reform initiative, this proposed rule is written err a straightforward "Plain English" style. This rule would establish uniform standards and procedures by which the Department of the Interior, through its agencies which administer rivers in the National Wild and Scenic Rivers System (Bureau of Land Management. U.S. Fish and Ted Thompson, Rep. B:U Luther (MN-6) Federal Register / Vol. Wildlife Service and National Park Service). will consider Federal licensing of, or assistance to, water resources projects affecting designated wild and Scenic Rivers or congressionally authorized Study Rivers. This proposed rule aLo withdraws the proposed ruLeruaking published in the Federal Register by the BLiv[ or September 10, 1996 (61 FR 47726). This proposed rule would harmonize Ittterior's procedures and startdards with those of the U.S. Forest Service in order to streamline and improve the administration of the National Wild and Scenic Rivers Systent. DATES: Submit comments on or before February 8, 1999. The Department of the Interior clay not coruider comments received or postmarked after this date in preparing the final rule. ADDRESSES: Mail comments to John Haubert. Room 3230, 1849 C Street, NW, Washing :orr, DC 20249. Commenters may transmit comment's electronically via the Internet to: John Haubert@nps.gov For Internet, please include "Attn: Proposed DO: Wild and Scenic Riven Rulemaking," your name and address in your message.) FOR FURTHER INFORMATION CONTACT: John Haubert, NPS, 202 - 208 -4290. E- ntail: john ltaubertCnps.gov For a complete listing of designated Wild and Scenic: Rivers, visit the D01 website at: http; / /www.nps.govirivers. SUPPLEMENTARY INFORMATION: I. Public Comment ?r. cedures II. I?is.ussion of Proposed Rule !II. Procedural Ivlaaers I. Public Comment Procedures Written comments on the proposed rule should focus un Issues pertinent to the proposed rule. and explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal being addressed. Tite Secretary may not necessarily consider or include In the Administrative Record for the final rule comments received after the close of the comment period (see DATES; or delivered to an address other than the one listed above (see ADDRESSES). II. Discussion of Proposed Rule This proposed rule Ls a "follow-up" to the Proposed Rulenaaking that the BLM published in the Septenber 10, 1996, Federal Register ;61 FR 47726). That publication notified die public of a sirnilar rulentakirtg process (applicable only to BLM - administered rivers). and invited public comments for 30 days. ending on October 10, 1996. In response to several requests, BLM reopened the To: Jay Kimble 12/11/98 comment period in the November 4, 1996, Federal Register (61 FR 56 for an additional 30 days. ending on December 4. 1996. Many respondents suggested that a single rule be adopted by the four Federal Wild and Scenic River administering and%or managing agencies (U.S. Forest Service. B_.M, U.S. Fish an Wildlife Service, and National Park Service). This proposed rule responds to that and other comments received by the BLM in its earlier proposed rule. The proposed rule applies only to Department of the Interior agencies and doe` not apply to the Forest Service. which ie an agency of the Department of Agriculture. The Secretary of the Interior proposes to issue this rule under the authority of Section 7 of the Wild and Scenic Rivers Act, as amended (16 U.S -C 1278). Section 7(a} provides as follows: The Federal Etter• Regulatory Commission shall not license the construction of any darn, water conduit, reser. cdr. powerhouse, trasnis'ton line, or other project works trailer the Federal Power Act (41 Sett. 1063), as amended (16 L' S C. 791a et seq.), oat or directly affecting any river which is designated in section 1274 of this title as a ctxnponett cf the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, and no department or agency of the United States shall assist by loan. grant, license, or otherwise in the coast- uction of any water resources project that would have a direct and ad.erse effect on the values for which such river was established, as determined by the Secretary charged with its administration. Notting; contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or ort any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area cn the date of designation of a river as a component of the National Wild and Scenic Rivers System. No department or agency cf the United States shall r com nerd authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration, Or request appropriations to begin construction of any such project, whedier heretofore ur hereafterautlxnrized, without advising the Secretary of the Interior or the Secretary of Agriculture. as the case raay be, in writing of its intention to do so at least sixty days In advance, and without specifically reptxting to the Congress in canting at the time it makes ITS recumrnendatitxt or request in what respect construction of welt peiject would be in conflict with the purposes of this chapter and would affect the component and the values to be protected by it under this chapter. Section. 7(b). which applies to comb essionally authorized study rivers, contains identical Iangr.tage except fur Page 3 of 5 10:37:49 53. No. 236 / Wcdncday. December 9. 1998! Proposed Rules 67835 the deletion of the word "unreasonably" before the word "diminish' in the second sentence. The Wild and Scenic Rivers Act directs Federal agencies to protect the free-flowing condition and ether values cf designated rivers and congressionally authorized study rivers from the adverse effects of water resources projects. The proposed rule defines "water resource project" as anv construction activity or project that would affect the free- flowing characteristics of a river. The term "free - flowing" is defined in the Act and means 'existing or flowing in natural condition without impoundment, diversion, straightening, rip - rapping. or other modification of the waterway.' Thus. a "water resources project" is defined in this proposed rule as any construction or project within the bed or banks of a river which would modify the waterway and therefore affect the free - flowing characteristics .f the river. Section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), as amended, requires river administering agencies to review proposed authorization or federal assistance to water resources projects on or affecting arty designated Wild and Scenic River or on any river congressionally authorized for study for pcssible inclusion in the Wild and Scenic Rivers System under Section 5(a) of the Act. This proposed rule provides procedures and standards for Department of the Interior river administering agencies to ensure compliance •.vith the requirements of Section 7 of the Wild and Scenic Rivers Acr for water resources projects. The proposed rule sets forth applicable procedures that the Secretary of the Interior, through the applicable Wild and Scenic river administering agencies, i.e., BLM, U.S. Fish and Wildlife Service (FWS). and National Park Service (NPs), would use for conducting analyses under Section 7 of the Wild and Scenic Rivers Act for proposed for proposed water resources projects to determine whether there would be an adverse effect on the designated WILL(' and Scenic River or congressionally authorized Study River. These reguiatiors are consistent with those of the Forest Service, U.S. Department of Agriculture. at 36 CFR part 297. III. Procedural Matters National Environmental Policy Aar of 1959 The Department of the Interior has prepared an environmental assessment (EA), in accordance with Section • • Ted Thompson, Rep. Bill Luther (MN -6) 67836 Federal Register/Vol. 102(2) (C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(2)(C)). The Department of the Interior anticipates makini a Finding of No Significant Impact (FONSI) for the final rule in accordance with the Department's procedures for implementing NEPA. The EA is on file in the Administrative Record at the address previously specified. Paperwork Reduction Act The proposed rule does not contain Information collection requirements that the Office of Management and Budget must approve under 44 U.S.C. 3501 et seq. The Regulatory Flexibility Act The Department of the Interior has determined that the proposed rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et se:1.). The scope of the proposed rule is limited to those Federal departments er agencies charged with reviewing the proposed authorization of. or Federal i sistance to, water resources projects affecting designated Wild and Scenic Rivers or congressional authorized Study Rivers. Therefore, no small entities are affected by the proposed rule. Unfunded Mandates Reform Act of 1995 The Interior Deparrntent's operating procedures In 43 FR 39 will not result in any unfunded mandate to State, Local. or tribal governments, or to the private sector, of S100 million or more in any one year. Executive Order 12612 The Department of the Interior has analyzed this rule under the principles and criteria in Executive Order 12612 and has determined that the rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12630 This proposed rule does not represent a govenuuent action capable of interference with constitutionally protected property rights. Since the primary functions of the rule is to establish uniform Department operating procedures regarding authorization of, or Federal assistance to, water resources projects affecting designated Wild and Scenic Rivers or congressionally authorized Study Rivers, there will be no private property rights impaired as a result. Therefore, the Department of the Interior has determined that the proposed rule would rtot cause a taking of private property, or require further To: Jay Kimble 12/11198 Page 4 of 5 10:39:43 63, No. 236 / Wcdnday. December 9 discussion of takings implications under this Executive Order. Executive Order 12866 According to the criteria listed in section 3(f) of Executive Order 12866. the Department of the Interior has determined that this proposed rule is a significant regulatory action. Authors The principal authors of this rule are Gary G. Marsh and Frances Watson. Bureau of Land Management, John Haubert, National Park Service, and Craig Czarnecki, U.S. Fish arid Wildlife Service. List of Subjects in 43 CFR Part 39 Wild and scenic rivers. Dated September 29, 1998 Bruce Babbitt, Secretary of the Interior. For the reason discussed in the preamble and under the authority of the Wild and Scenic Rivers Act (16 U.S.C. 1278), the Department of the interior proposes to amend title 43 of the Code of Federal Regulations, as set forth below: 1. A new part 39 is added to Subtitle A to read as follows: PART39 —WILD AND SCENIC RIVERS Subpart A —Water Resources Projects Sec. 39.1 What is the purpose of pan 39? 39.2 How are key terms in this part defined? 39.3 What procedures must a Federal department cr agency follow to receive consideration fnmt the applicable Wild and Scenic River admihisterrtg agency before providing Federal assistance, to or authorization nf, a water resnur_•es project? 39.4 Under what conditions will the applicable Wild and Scenic River administering agency consent to Federal assistance to, or authorization af, a water resour_:es project? 39.5 What is the estimated three for the applicable Wild arid Scenic Ri.er administering agency to review a proposal to provide Federal assistance to, or authnrizatitxt af, a water resources project? Subpart B— [Reserved] Authority: 16 U.S.C. 791a; 16 U.S.C. 1271- 1287; 33 U.S.C. 401 et seq.; 33 U.S.C. 1344. Subpart A —Water Resources Projects §39.1 What is the purpose of this part? This part specifies the Department of the Interior (DOI) policies and procedures for conducting analyses under Section 7 of the Wild and Scenic . 1998 / Proposed Rules Rivers Act for proposed water resources projects affecting Wild and Scenic Rivers or congressionally authorized Study Rivers that the DOI administers. §39.2 How are key terms in this pan defined? As used in this part: Act means the Wild and Scenic Rivers Act (82 Stat. 906, as amended; 16 U.S.C. 1271 -1287. Applicable Wild and Scenic River administering agency means art agency of the DOI responsible for managing designated Wild and Scenic Rivers or congressionally authorized Study Rivers (i.e., Bureau of Land Management, National Park Service, and U.S. Fish and Wildlife Service). Construction means any action carried on with Federal assistance affecting the free - flowing characteristics or the scenic or natural values of a Mild and Scenic River or Study River. Federal assistance means any assistance associated with a water resources project provided by arty Federal department or agency. Such assistance may Include. but is not !united m, a license, permit, or authorization granted by the Federal Energy Regulatory Commission (FERC' under Sections 4(e) and (f) of the Federal Power Act (16 U.S.C. 797); a License, permit or other authorization granted by the Corps of Engineers, Department of the Arrny, under the Rivers and Harbors Act of 1899 (33 U.S.0 401 et seq.) and Section 404 of the Clean Water Act (33 U.S.C. 1344); or any other license, permit, grant, or lean provided, or other authorization required by a Federal department or agency. Free - flowing means "existing or Flowing in a natural condition without impoundment, diversion, straightening, riprapping, or other modification of the waterway" (16 U.S.C. 1286(b)). Study River means a river and the adjacent area within one quarter mile on each side of the river front the ordinary high water mark (unless otherwise provided for by law) which is designated for study as a potential addition to the National Wild and Scenic Rivers System pursuant to Section 5(a) of the Act. Study perirxi means the time required to complete a study authorized by Section 5(a) of the Wild and Scenic Rivers Act. The study period lasts for 3 years after the President sends a report with his recommendations to the Congress. Water resoutres project means arty darn, water conduit. reservoir. powerhouse, transmission lire, or other project works under the Federal Power Ted Thompson, Rep. Bill Luther(MN -6) Federal Register / Vol. Act of 1995, as amended (41 Star. 1063; l6 U.S.0 791a): or any project or construction activity that would affect free - flowing characteristics. as that terns is defined In the Act, of a designated Wild and Scenic River or congressionally authorized Study River. Any project or construction located within the bed or banks of a designated Wild and Scenic River or congressionally authorized Study River, . or located below. above, or on any stream tributary thereto is a water resources project. Examples of water resources projects include. but are not limited to, fisheries habitat and watershed restoration/enhancement projects: water diversion projects; transmission lines; bridge and other roadway construction/reconstruction projects; darns; water conduits; bank stabilization projects: channelization projects; powerhouses; levee construction; reservoirs; recreation facilities, such as boat ramps or fishing piers; or dredge and fill activity that requires a Federal permit, such as from the U.S. Array Corps of Engineers as required by Section 404 of the Clean Water Act (33 U.S.C. 1344). Wild and Scenic River means a river designated as a component of the National Wild arid Scenic Rivers System pursuant to section 3(a) and 2(a)(ii) of the Act. §39.3 What procedures must a Federal department or agency follow to receive consideration from the applicable Wild and Scenic River administering agency before providing Federal assistance to, or authorization of, a water resources project? (a) Notice. (1) As soon as practicable, but not less than 60 days before the date of the proposed Federal assistance, the Federal agency roust provide a written notice of the agency's intent to construct, authorize or provide Federal assistance to a water resources project located on or affecting any portion of a DOI administered Wild and Scenic River or congressionally authorized Study River, or located below, above, or on any stream tributary thereto. (2) Notice roust be sent to the designated official of the applicable Wild. and Scenic River administering agency, or his or her designee. as follows: s: (i) BLM administered rivers: State Director, BLM, or his /her designee; or (it) NPS administered rivers: Director, NPS or his /her designee; or (iii) FWS administered rivers: Director, FWS or his /her designee. (b) Contertt5 of Notice. The Federal agency roust include the following information in the notice to facilitate the Section 7 determination of effects: To: Jay Kimble 12;11:98 Page 5 of 5 10:41:25 63, Na. 236 / Wcdntsday, December (1) Name and location of the affected designated River or Study River; (2) Location of the project or construction; (3) Nature of the permit, assistar:ce, or other authorization proposed to be issued; (4) Description of the proposed activity or construction; and (5) Any relevant information. such as plans, reaps, environmental .studies, assessments. or environmental impact statements, alternatives. and mitigating measures. § 39.4 Under what conditions will the applicable Wild and Scenic River administering agency consent to Federal assistance to, or authorization of, a water resources project? (a) The applicable Wild and Scenic River administering agency will consent to Federal assistance to, or authorization of, a water resources project if it determines based on the applicable standard below: (1) The water resource project will not have a direct and adverse effect on the values for which a Wild and Scenic River was designated or Study River authorized by Congress, when any portion of the project or construction is within the boundaries of such river: (2) The effects of the water resources project will neither Invade nor unreasonably diminish the scenic, recreational, and fish and wildlife values of a designated Wild and Scenic River, when any portion of the project or construction is located below, above. or on any stream tributary thereto. (3) The effects of the water resources project will neither invade not diminish the scenic, recreational, and fish and wildlife values of a congressionally authorized Study River when the project or construction is located below, above. or un any stream tributary thereto during the study period. (b) If the project or construction would impermissibly affect wild and scenic river values, as described above, the designated official of the applicable Wild and Scenic River administering agency will advise the assisting or authorizing agencies the water resources project may not proceed as proposed. The applicable Wild and Scenic River administering agency may reconutterd measures to eliminate adverse effects, and the assisting or authorizing agencies niay submit revised plans for consideration. 9 1998 /Proposed Ru1c 67837 § 39.5 What is the estimated time that the applicable Wild and Scenic River administering agency will take to review a proposal to provide Federal assistance to, or atthorizatlon of, a water resources project? The designated official of applicable Wild arid Scenic River administering agency, or designee, will attempt to make a determination for the proposed water resources project within 60 calendar days of receiving a Federal agency's notice. However. the designated official is authorized to make the determination sooner or later than 60 days depending on the simplicity or complexity of the project or construction being analyzed. Further. the designated official, to the extent possible, will expedite consideration of a notice for a project or construction needed to address any emergency. Subpart 13—[Reserved] PART 8350— [REMOVED) 2. Remove 43 CFR part 8350. IFR Ike. 98 -32581 Filed 12 -8 -98; 8:45 aml BILLING CCCE 4313 -SS-M FEDERAL COMMUNICATIONS COMMISSION 4? CFR Parts 36 and 54 (CC Docket No. 96-45; FCC 98J - Federal -State Joint Board on Universal Service AGENCY: Federal Contrrurdcatiors Commission ACTION: Proposed rule; recommended decision. SUMMARY: On November 24, 1998. the Federal -Scare Joint Board adopted a Second Recommended Decision regarding universal service. In this decision, the joint Board made numerous recommendations on universal service issues. The Joint Board recortrrnends a federal high cast support rnechanisni for non -rural carriers that enables rates to remain affordable; that the Commission replace the 25/75 Jurisdictional division of responsibility for high cost support; that the Commission compute federal high cost support for non -rural carriers through a two -step process; and that the mechanisms outlined be reviewed no later than three years franticly 1, 1999. The Commission seeks continent en the Second Recommended Decision. DATES: Comments should be filed on or before Deceniber 23, 1998 and Reply • • TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer January 27, 1999 RE: Feasibility Report for the 1999 Street Reconstruction Project: Pr! -ect No. 9902 INTRODUCTION In recent years, the City of Stillwater has continued an aggressive plan to reconstruct streets that have been determined poor in quality according to the Stillwater Pavement Management Study in 1990. This year will be no different; it is proposed to reconstruct Fifth, Sixth and Seventh Streets between Hancock and Orleans. These streets are now the lowest rated streets in this study and are continuing to deteriorate. DISCUSSION These streets were constructed well over fifty years ago. Many of the streets were constructed with little or no subgrade, a thinner pavement section and no curb and gutter. Street widths vary in range from 30 feet on Sixth and Seventh Streets between Churchill and Willard to 34 feet on Fifth Street between Churchill and Hancock. Sidewalks exist along two- thirds of the project and many portions of the sidewalk are in poorer shape than the streets. There is no sidewalk along Fifth Street between Hancock and Churchill and Seventh Street between Churchill and Willard. The sanitary manholes in this neighborhood were constructed of brick. Through time these manholes have deteriorated and are in need of rehabilitation. Water services were constructed with galvanized pipe and have exceeded their service life. Galvanized pipe joints tend to pull apart and cracking the pipe, this results in a leak that could cost the homeowner several thousand dollars to repair. These services should be replaced with copper service at the time the street is being reconstructed. The storm sewer system was updated in the early 1970' s when the combined sewer system was separated into individual separate systems. Intersections with storm sewer pickups are outdated and cannot take handle the flow with some inlets located in the boulevard area. If a street reconstruction project warranted, new catch basins should be relocated and installed with the new curb and gutter streets. PROPOSED PROJECT MEMORANDUM Streets in the project area would be constructed to the City standard of 32 feet wide with • concrete curb and gutter. The street section shall be four inches of bituminous on six inches of aggregate base. All deteriorated sidewalks will be replaced with a new five -foot sidewalk, four inches thick. It appears that the boulevard area along Fifth Street between Hancock and Churchill was previously graded for sidewalk construction and shouldn't be a problem for installation. The sidewalk on Seventh Street between Churchill and Willard may be a little more difficult to construct. The homes are built fairly close to the street and many are constructed considerable higher than the actual street. Some of the driveways have small retaining walls near the street to account the steep front yard slopes. Front yards may have to be excavated and retaining walls installed in order to construct a new sidewalk along this street. It may be warranted to construct a sidewalk on one side of the street or to construct no sidewalk at all depending on the costs. This information would be more available once the actual design of the project is underway. Each property would be getting a new driveway apron. The homeowner will be given the option of having a bituminous driveway at no additional cost to their assessment or having a concrete driveway installed at an additional cost. Existing storm sewer inlets would be improved and relocated to match in with the new street widths. Sanitary manholes will be rehabilitated with three inches of a concrete liner. Also, water service lines that are constructed with galvanized pipe would be replaced with a new copper service form the main to the property line. Boulevards shall be graded to match in with the new curb and sidewalk and sodded. Total cost of the project, which includes construction, engineering, and administration, amounts to $810,248.00. The following summary shows the breakdown of the costs: PROJECT FINANCING Water Services $118,732.00 Street Reconstruction $543,673.00 Sidewalk Construction $147.843.00 TOTAL $810,248.00 Back in May 1993, the City adopted an assessment policy statement. Included in that statement were guidelines for assessing property owners for the reconstruction of residential areas. The assessment policy states that half of the project costs including streets and sidewalk improvements are to be assessed to the property owners on a frontage foot basis. The remaining portion paid for by the City. Water service improvements are assessed 100% to the property owner. Similar projects have been assessed successfully on a per unit basis, since land use is predominately the same. This method will be used to come up with an assessment amount for this project. There are 102 properties in the neighborhood that is included in this project. Figuring out the adjusted gross length of right -of -way, the street assessment per lineal feet of frontage amounts to $49.09. For this neighborhood the average size lot (without the three properties mentioned above) is 77 feet. Under the City's assessment guidelines the city would assess $3780 per unit for street improvement. Corner lots would be assessed one -half the per unit rate per side of frontage. There are 59 homes in the project that have galvanized services and should be switched over to a copper service. Based on the cost for water service repair, this would amount to $2012 per home. This cost could be lower depending how the bid prices come in. Homeowners may have • the option of selecting their own contractor to install a new copper service. Many homeowners on First Street chose this option on last year's project. Bituminous driveway aprons shall be installed and included in the cost of the street assessment. However, the resident may choose to have a concrete driveway apron installed, this will result in an additional $320 increase to the assessment amount. For this report it was estimated that one third of the property owners would want a concrete driveway. Using the above assessment criteria, the proposed assessment rate would be as follows: Streets and Sidewalk Water Service Concrete Driveway The street assessment amount of $3780 is less than the street and sidewalk assessment of $4031on last year's First Street Project. Adding in the cost of a driveway and water service, the maximum assessment for a lot on the project would be $6112. This amount is slightly higher, when compared to last year's assessment of $5991. The table below illustrates the funding sources and the percentage of the total costs: FUNDING SOURCE FUNDING AMOUNT Street Assessment Water service Assessment Driveway Aprons City Share TOTAL Assessment amounts for all properties would be over a ten - year period at 7% interest. RECOMMENDATION' ACTION REOUIRED IMPROVEMENT ASSESSMENT RATE $340,200.00 $118,732.00 $10,880.00 $387,436.00 $810,248.00 $3780.00 $2012.00 $320.00 PERCENT OF PROJECT 42.0% 14.7% 1.3% 42.0% 100% Since the project is feasible from an engineering standpoint and the project is cost effective, staff recommends that Council accept the report for the 1999 Street Reconstruction Project for Fifth, Sixth and Seventh Streets between Hancock and Willard and order a public hearing for the 1998 Street Reconstruction Project to be held on March 2, 1999 at 7:30 p.m. If Council concurs with the recommendation they should pass a motion adopting Resolution No. 99 - , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 1999 STREET RECONSTRUCTION PROJECT, (PROJECT 9902). RESOLUTION NO. 99- RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 1999 STREET RECONSTRUCTION PROJECT (5TH, 6TH,7TH STREETS) (PROJECT 9902) WHEREAS, pursuant to resolution of the council adopted November 10, 1998, a report has been prepared by the City Engineer with reference to the improvement of Fifth, Sixth, and Seventh Street between Willard and Hancock; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $814,200.000. 2. A public Hearing shall be held on such proposed improvement on the 2nd day of March 1999, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 2n day of February, 1999. ATTEST: City Clerk Mayor • • w �.° e as a . • NSW m e l03('Oad N0110f12�1SN003�J w ° 6 a a tg R �� R tl tl tl tl tl 9 R"� a _ = M ti a IMO 00 ® Mtt m MEI 13381S 6661 . ". �� � . ". a a ma e K e 6 N F k 6 .. ' dais X OONVH )99j ui 01sOS 09Z:, 0 I d> 4uPT,n MODI M1Z I MlliI NI EL NI LL j NZ£L NZf.L M61l1 MOZ 1 M[DI 10 v 6 9 YI St t S II ! V/ ' «t II 9� , 61 R{ O e; Ki -- as , 0) 1.-- e F ° a° RI, r. "El 11 0. IT L T w 6 $ 6 LI wm LI ` ....I LI ant ,, ,,,,,.„_ 6 91 6 ' 6 n �" 0. f 0 ' . , 11. '�''aate� ." 6 080 m of fi a. .i� 1/12 F ` 01 . WI 016 6a 6 1 , 'i A !M e " 8 6 00 m OL tl 6 0 6 !. a• e .° m � a — fi — 1 em )z - -_- i —___ ba 6 ¢ A 7F 4 Xi e Ym GAY a 6x a t�', L �� R i R 8 e ° 5 wi t 0 P6 e --��y0 1�m a. 6 e r d L 6 a y 1.8 Z 6 m L = uy 100 Li m 1 9 6 Y 133211S :11IHO21f1HO - 1S3M to ISV3 e St C\ L em e (�` -- .: , CI wl 6 •: a•r e 6 s. 81 Al L1 'r fir a 6 ' am e1 It t a e 01 Kt 8 000 00 9 8 R t 6 IMO R Cl NI e 7 a� 6 1 ¢ i t y n 9 7 V I .0 6 Y1 ° = K ' Cn ' 11 w �" lit lia e a I 9i 6 R, - �e. .88 F� 1 6 S 0z 8 11 1 _ 6 60 m ea 6 � is a r 1 .1/"' 14 8 c FF 6 5 010 L .. 10 Ito F e a a 8 6 Z 6t7.} g 9M 1 • .. at 3 ti 00 151,. • I 91 9 r 91 0. St e 1I 9t O r 0t IMO sl Y WO +m aim r am WO 5 A a E 18 Yb 1 6t at i• a5 i9 68 I wm dUj uI 133L15 a21Y11 tl 0. :1 lam 0t Pm u , M01 fan a.m 1 wm 1' w1 C Cm 61 11110 ... d e toe am e Al 61 6 ens I0 1 we Si `" u 9 61 91 901 96 6 a 61 d R am e 9 10.1 9L a 6 6- •ar a .M CO • • CO ' 11 fm OF 7 6 m of " ao 1C 60 11 6 01 a 6 a L LC a i ton •m Se 6 Ina 1 dew uogeOm a a 0 In 01 as 9 " ". L g 6 9 s w Ma 1 a 6 8 0 x a a OOP X e 0 wm 8 LI 11 01 9 6 9 6 9 8 6 m wm w6•,a10105 i C 8 9 "a a • • - on I Lt i It 0 r 1 01 01 A ad wm a C 9 9 S 9 050 es ea s e La 5 a t a C 1 IS a ab 6 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer SS DATE: January 28, 1999 RE: West Oak Street Rehabilitation DISCUSSION The Owners of the Salem Church Condominium's have petitioned the City to pave the segment of West Oak Street between Fourth and Fifth Streets. This section of road is now gravel surface. The property owners have noticed an increase in daily traffic which causes flying gravel to hit cars and windows and dust problems. This section of road is a little over 300 feet in length and approximately 25 feet wide. A small paving project like this would consist of a 2" layer of blacktop, aggregate and some milling of the adjacent pavement. The estimated cost of this project is $10,700.00. This project would be paid for by the four properties that borders the project. Each property would share an equal cost of $2675.00. Since this project is close to the 1999 Street Reconstruction Project, this project could be part of the 1999 Street Reconstruction Project. The property owners along West Oak Street would be included in with public hearing for the 1999 Street Project on March 1999. The project cost of $10,700 for the West Oak Street Rehabilitation is not included in the cost 1999 Street Reconstruction Project. The total cost of the two projects would be $820,948.00 • • • City of Stillwater Public Works Department 216 N 4 Street Stillwater MN 55082 Dear Mr. Junker, $nlem Church Condominium v zissocintion 210 to 240 West Oak street ,Stillwater M' 55082 Sept. 8, 1998 In.behalf of the owners of the Salem Church Condominiums , located on West Oak Street, between 4th and 5th Street, I would like to petition the City of Stillwater for a more permanent road cover on this small stretch of road than is currently used. The length of one city block, between 4th Street and 5th Street has been a dirt road, with sizable potholes for many years. The dust, which is generated during the drier seasons, permeates the building, its garden and interior. The Road is also used by drivers of cars and bikes, who greatly enjoy accelerating there, as a dirt road provides better than average traction. Often, flying gravel is thrown onto parked cars and windows. I believe, we may have one of the only unpaved streets left in Stillwater. The property owners adjoining this portion of West Oak Street would like to have it paved. Information as to the City's time table for paving this road would be appreciated. In addition, what can the residents do to speed up the process? F Thank you for your consideration. Sincerely, Gudrun Nordby Sarah Carmichael, Owner President of Salem Church Association Jim Zeller, Treasurer Bruce McGowan, Owner • January 29, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer SUBJECT: Curve Crest Boulevard Extension Street and Utility Improvements Feasibility Study Project 9721 DISCUSSION: Memorandum Attached is a report prepared by BRA regarding the above reference project. The purpose of the report was to examine the cost and issues associated with extending Curve Crest Boulevard west and south from Stillwater Boulevard into the Bradshaw property, the extension of sewer and water into this development area, and the methods and cost for dealing with managing storm water that flows through this area. The report also looked at the cost of providing outlet control for Brewers Pond, and parkland development issues and costs along Long Lake. The report proposes that all of these improvements be constructed in three phases. The approximate total cost is over $1.4 million. The bulk of the work would be done as part of Phase I that would include streets, sanitary, water, storm, street lights and trail improvements. Phase I cost is estimated at $1,009,530. The single most expensive item is the trunk storm sewer that would provide an improved conveyance system for the water flowing from Market Place and County Road 5 through the property west of County Road 5. The total cost of this storm water conveyance system including pond expansion and water quality management improvements will be between $550,000 - $710,000, depending on which options are chosen. The Phase I improvements which are necessary to allow development between County Road 5 and Long Lake include approximately $300,000 for the trunk storm sewer improvement. At this time, we do not have a revenue source for these costs. As the report discusses, the cost for enlarging the pond and running the smaller storm pipe option, does not provide significant benefit to the developments in this area. Therefore, an alternative revenue source must be found. The most appropriate options include TIF, assessments, special taxing district, or watershed district participation. Over 200 acres of Stillwater and 100 acres of Oak Park Heights is drained through this conveyance system. If an area wide assessment or taxing district were used, it would require cooperation between the two local governments or leadership on the part of the watershed district. One of the recommendations in the BRA report is that the feasibility report be accepted and a public hearing be ordered for March 2, 1999. Given the funding shortfall due to the storm sewer issue, a public hearing on the project may not be appropriate at this time. Instead, the next step would probably be to discuss the report with developers and consider funding options for the storm sewer improvements. RECOMMENDATION: Staff recommends that Council review the report and presentation given by BRA. Staff recommends that Council accept the report and direct staff to investigate funding alternatives for the trunk storm sewer improvements. ACTION REOUIRED: If Council concurs with staff's recommendation, they should pass a motion adopting Resolution 99 -, RESOLUTION RECEIVING REPORT FOR CURVE CREST BOULEVARD EXTENSION (N 62 " Street) STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) • • • January 29, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles ILC City Engineer Memorandum SUBJECT: Establishment of Trunk Storm Sewer Charge For Annexation Area DISCUSSION: Council recently passed an ordinance establishing trunk utility charges for the annexation area. This ordinance is for recapturing the cost of providing public utilities to the urban expansion area. The Trout Stream Protection Project is the primary storm water improvement necessary to allow development of this area. Since development is now taking place in the area, it is imperative that we establish the trunk storm water charge at this time. Staff has attempted to estimate the cost of the Trout Stream Mitigation Project as well as estimate the developable area and cost per acre. Over time, we have refined these calculations as costs became easier to calculate and development patterns became apparent. Attached is a revised cost estimate of the Trout Stream Mitigation Project. The grand total of this project is currently estimated at $3,523,000 in 1999 dollars. It is proposed that the estimated 863 acres of developable land will share the entire cost of the $3.5 million project. It is also proposed that commercial and multi - family property be charged a rate that is 125% of the rate charged for residential property based on the additional storm water runoff that results from these properties. Based on these assumptions the proposed 1999 rates for the Trunk Storm Water Charge are as follows: Residential Rate: $3,885.00 per acre Commercial/Multi - family Rate $4,857.00 per acre It is proposed that these rates will go into effect immediately and that the City charge these fees as the time of signing the final plat. RECOMMENDATION: Staff recommends that Council pass a resolution establishing the above rates as the Storm Water Trunk Charges for the expansion area. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99 -, RESOLUTION SETTING STORM WATER TRUNK CHARGES FOR EXPANSION AREA. T 1 • • "r TROUT STREAM MITIGATION PORJECT • COST ESTIMATE ITEM I Long Lake Study 1997 COST AUAR $300,000 AUAR Feasibility & Topo Phase 1 Mitigation $500,000 Phase 2 Mitigation $380,000 Phase 3 Mitigation $1,670,000 Downtown System & $330,000 Easements McKusick Pond Diversion $90,000 McKusick $30,000 Study/Monitoring Minor McKusick Mitigation $150,000 TOTAL TO BE $3,450,000.00 RECOVERED 1997 $14,000.00 9/97 - 1/98 Construction Adjustment 1/98 - 1/99 Construction Adjustment (1.7 %) 1999 Diversion Cost Recovered $59,000.00 $3,523,000.00 Developable land is defined as net areas greater than five (5) acres after slopes and wetlands are deducted. Residential developments are single family and two family areas Multi - family areas are those areas of higher residential development densities. Estimated Total Developable Land = 863 acres Estimated Residential Development Land = 688 acres Estimated Commercial/Multi - Family Land = 175 acres Commercial/Multi- Family rate =125% Residential Rate Residential Rate Calculation $3,523,000 = $3,885.00 per acre 688 +(1.25)(175) Commercial Rate Calculation 1.25 * $3,885.00 = $4,857. per acre • • DAVID T. MAGNUSON MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • TELECOPIER: (651) 439 -5641 MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorneys DATE: January 28, 1999 SUBJECT: Lakeshore Fertilizer Restrictions Enclosed is a draft of an ordinance that would restrict the use of certain fertilizers and pesticides within the shoreland areas and subwatershed areas of McKusick Lake, Long Lake and Lily Lake. This is the ordinance that Bill Fierke has been asking the City Council to adopt. I submit it for consideration by the City Council for a first reading. It must be remembered, however that since this is an amendment to the Shoreland Ordinance, the DNR must approve of it's provisions. The Council might consider having a first reading and sending it to the DNR for a review before having a second reading. I would be glad to answer questions with regard to the ordinance if the council has any. DTM /tm Enclosure RICHARD_,D. ALLEN • ORDINANCE NO. CITY OF STILLWATER SHORELAND MANAGEMENT ORDINANCE AN ORDINANCE FOR MANAGING SHORELAND OF LILY LAKE, LONG LAKE AND MCKUSICK LAKE IN THE CITY OF STILLWATER FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, TO PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATER, TO PRESERVE THE ECONOMIC, HISTORIC AND NATURAL ENVIRONMENTAL VALUES OF SHORELAND, AND TO PROVIDE FOR THE WISE UTILIZATION OF WATER AND RELATED LAND RESOURCES. THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS: SECTION 1 TITLE 1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Stillwater Shoreland Management Ordinance; except as referred to herein, where it shall an amendment to be known as, "This Ordinance ". SECTION 2 INTENT AND PURPOSE 2.1 Purpose. This Ordinance is adopted for the purpose of: (a) Regulating permitted uses of Lily Lake, Long Lake and McKusick Lake ( "the lakes ") and, use of certain practices within the subwatersheds to the lakes. The use of certain practices within the defined subwatersheds of the lakes will be regulated to preserve and enhance the water quality of the lakes, prevent erosion into the lakes, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, protect fish and wildlife habitat, and preserve the economic and natural environmental values of the subwatersheds of the lakes. (b) Conserving and developing natural resources, and maintaining a high standard of environmental quality. SECTION 3 STATUTORY AUTHORIZATION AND POLICY 3.1 Statutory Authorization. This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 A -I, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 1 3.2 Policy. The uncontrolled use of the waters and shorelands within the subwatersheds of the lakes, as defined in Section 4.1, affects the public health, safety and general welfare by contributing to pollution of public waters and degradation of the environmental and aesthetic values and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and general welfare to provide for the wise development, use, and conservation of the waters and shorelands within the defined subwatersheds of the lakes. The Minnesota legislature has delegated responsibility to local governments of the state to regulate the subdivision, development and use of shorelands of public waters and thus to preserve and enhance the quality of surface waters, to manage the effects of shoreland crowding, to conserve the economic, historic and natural environmental values of shorelands, and to provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Stillwater. SECTION 4 GENERAL PROVISIONS AND DEFINITIONS 4.1 Jurisdiction. The provisions of this Ordinance apply to the subwatersheds of the lakes. A subwatershed includes lands that drain runoff or surface water directly or indirectly into the lakes or any one of them. 4.2 Compliance. The use of the waters of the lakes, the use of any shoreland of the lakes, the alteration of natural vegetation, and certain other practices within the subwatersheds of the lakes, as defined in Section 4.1, shall be in full compliance with the terms of this Ordinance and other applicable regulations. 4.3 Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4.4 Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 4.5 Abrogation and Greater Restrictions. This Ordinance is in addition to and not in lieu of other official controls adopted by the City Council of the City of Stillwater or the Minnesota Department of Natural Resources. Where the standards, regulations or provisions contained in this Ordinance are inconsistent or in conflict with the standards, regulations or provisions of the separate covenants running with the land in each of the developments described in Section 4.1, any provisions of the Minnesota Department of Natural Resources' Statewide Standards for Management of Shoreland Areas (7/3/89) (the "DNR Statewide Minimum Standards "), or the provisions of any other applicable covenants, statutes, rules, regulations or ordinances, the most restrictive provisions shall govern in order to preserve, protect and enhance the water quality, natural environmental economic and historic values and aesthetic beauty of the subwatersheds of the lakes. 4.6 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. For the purpose of this Ordinance, the words "must and shall" are mandatory and not permissive. In the event of a conflict between any definition contained herein, 2 • • • in the DNR Statewide Minimum Standards, or in any other applicable covenant, statute, rule, regulation or ordinance, the most restrictive definition shall govern. (1) Buffer Zone. Buffer zone means the 90 foot wide strip of land, measured at a right angle to the shoreline or the Ordinary High Water Level, adjacent to each lake. (2) Lot. Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditor's plot, or other accepted means, and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.. (3) Quick-release Nitrogen. Quick- release nitrogen means ammonium nitrate, ammonium sulfate, calcium nitrate, and urea. (4) Shoreland. Shoreland means all land within the subwatersheds of the lakes as defined in Section 2.1 and 4.1.. (5) Slow- release Nitrogen. Slow - release nitrogen means IBDU, sulfur- coated or resin - coated urea, ureaformaldehyde, and natural organics such as milorganite, ringer, sustane, manure, grass clippings, phosphate rock, and potash. 5.1 Fertilizers. (a) General Provisions: SECTION 5 RESTRICTIONS (1) Fertilizing is prohibited in the Buffer Zone and within 90 feet of any water surface. (2) Beyond the Buffer Zone, fertilizing is permitted, but should be avoided if possible and minimized, in any event. (3) (4) Lot owners who fertilize must have their soil tested at least once every three years to determine the proper amounts of nitrogen and potassium to be applied, and must provide copies of the soil test reports to the City Forester. (b) Phosphorus: Fertilizing is prohibited when the ground is frozen and between November 15 and April 15. (1) General: Fertilizers containing phosphorus are prohibited unless the soil is demonstrably phosphorus- deficient as shown by a reliable soil test. If the soil is demonstrably phosphorus - deficient, phosphorus- containing 3 fertilizer may be applied provided that phosphorus is applied only in the amount specified by the soil test or by written report from other competent professional based on the soil test. (2) New Lawns: If phosphorus is to be applied in lawn based on the results of a reliable soil test, the fertilizer must be incorporated into the soil seed bed before seeding or laying sod. (3) Record keeping: If phosphorus is applied, the Lot owner must provide copies of all soil test reports demonstrating the phosphorus deficiency in the soil and must provide copies of records reflecting the analysis and amount of fertilizer applied to the City Forester and /or must, upon the City's request, provide samples of lawn fertilizer (large enough to permit laboratory testing) to be applied. (c) Nitrogen: (1) Application of more than 1 pound actual nitrogen per 1000 square feet of lawn per year on "low maintenance" lawns and of more than 3 pounds actual nitrogen per 1000 square feet of lawn per year on "high maintenance" lawns is prohibited on established lawns unless the Lot owner has a written recommendation from a competent professional for higher nitrogen applications based on a reliable soil test. (2) Only Slow- release Nitrogen fertilizer may be used. The use of Quick - release Nitrogen fertilizer is prohibited. (3) If nitrogen is applied at rates greater than those specified in Section 5.1(c)(1), the Lot owner must provide copies of the written recommendation required therein to the City Forester. (d) Regulations for Commercial Lawn Fertilizer Applicators: (1) License Required. No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer application within the subwatersheds of the lakes in the City, unless a license has been obtained from the City Clerk as provided herein. (2) License Application Procedure. Applications for a commercial lawn fertilizer applicator license shall be submitted to the City Clerk. The application shall consist of the following: (i) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (ii) Description of lawn fertilizer formula proposed to be applied on lawns within the subwatersheds of the lakes in the City. • • • (iii) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. • (iv) Fertilizer Sample. A sample of lawn fertilizer must be submitted to the City along with the initial application for a license, and, thereafter, at least thirty (30) days before fertilizer composition changes are implemented. A sample submittal can be replaced by a chemical analysis certified by an independent testing laboratory. (v) License Fee. The license fee will be as designated, from time to time, by Stillwater City Council resolution. The license will expire on the 31st day of December. The license fee will not be prorated. (vi) Performance Bond. A bond in the amount of $1,000.00 will be submitted with the application form. The bond will be conditioned upon compliance with the City's regulations. Actions to collect bond proceeds may not prevent the City from filing criminal complaints for ordinance violations. (3) Conditions of License. A commercial lawn fertilizer applicator license shall be issued subject to the following conditions which shall be specified on the license form: (i) Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer to be applied within the subwatersheds of the lakes at any time after issuance of the initial license. (ii) Possession of License. The commercial law fertilizer applicator license or a copy thereof shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the subwatersheds of the lakes. (iii) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Section 17.711 through and including 17.729 and amendments thereto. (iv.) Compliance with City Regulations. The Licensee must abide by the restrictions on the use of fertilizers and pesticides that are contained in this ordinance. 5.2 Pesticides (Insecticides, herbicides, Fungicides and Other Chemicals). 5 (a) The use of chemical pesticides in accordance with their label is permitted, but should be avoided as much as possible, because a regular cycle of chemical treatments stresses a lawn and makes it more susceptible to Pests and drought. (b) Before using chemical pesticides, the Lot owner must consult the Minnesota Extension Service, the Washington County Soil & Water Conservation District or other competent professional to diagnose properly the Pests, disease or other vegetative problem, and to determine if pesticide use is justified or if there are other control options. (c) When consultation as provided under subparagraph (b) has determined that pesticide use is warranted, a pesticide program may be implemented, provided that: (1) The Lot owner must use the least toxic and most readily degradable pesticide which will be effective. (2) The pesticide must be applied only and exactly as directed on the label. (3) Pesticide applications must be properly timed to maximize their overall effectiveness. (4) Pouring of excess pesticide on the ground or into the lakes or other surface waters is prohibited. (5) The Lot owner may purchase only the amount of pesticide necessary for the current season, and must dispose of unused pesticide and pesticide containers properly. SECTION 6 ENFORCEMENT 6.1 Enforcement. The City Council of the City of Stillwater is responsible for the administration and enforcement of this Ordinance. 6.2 Violations and Penalties. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable by a fine of not more than $700.00 or by imprisonment for not more than 90 days, or both, plus the costs of prosecution in any case. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to this Ordinance. 6.3 Civil Remedies. This Ordinance may also be enforced by injunction, action for abatement, or other appropriate civil remedy. 6 • • • • 7.1 Effective Date. Passed by the City Council on this day of , 1999. This ordinance will be in full force and effect from and after its passage and publication according to law.. SECTION 7 EFFECTUATION 7 Jay L. Kimble, Mayor ATTEST: Morli Weldon, City Clerk • MEMO • To: Mayor and City Council From: Steve Russell, Community Development Director Subject: New Location for Post Office Carrier Facility Date: January 29, 1999 Recommendation: This item is for information only. Attachments: US Postal Service letter dated 11 -24 -98 Steve Russell letter dated 12 -1 -98 The postal service is looking for a new location for its carrier facility. The idea is to build a new carrier facility to house mail processing and carrier distribution and leave the "retail" facility located on Third Street for the foreseeable future. The postal service has advertised for sites and will be evaluating them over the next couple of months. DISTRICT MANAGER CUSTOMER SERVICE AND SALES NORTHLAND DISTRICT UNITED STATES a POSTAL SERVICE November 24, 1998 Jay Kimble Mayor of Stillwater 412 Elm Street Stillwater, MN 55082 -4415 Dear Mayor Kimble: The Postal Service has determined the present postal facility located on 102 North 3rd Street is inadequate to serve Stillwater's future postal needs. We wish to establish a new carrier facility to house the carriers from Stillwater and Lake Elmo which will enhance both the quality of postal services we provide to your community and our employees' working conditions. Plans are to leave all retail operation at the existing location and relocate carriers and mail processing operation to a new location. After consultation with the Postmaster of Stillwater we have determined the new building should contain, ideally, approximately 21,543 square feet of net interior space on a site of between 121,000 and 134,000 square feet. The Postal Service desires to work closely with your community to achieve a mutually beneficial postal facility. We are requesting your input and concurrence with our plans, prior to the public advertising which will generate alternatives for our final facility location. We welcome your timely suggestions and comments both as we initiate this project and as it proceeds. Please address any questions, suggestions, or concerns to: Steve Muyskens Real Estate Specialist 6800 West 64th Street, Suite 100 Overland Park, KS 66202 -4171 Telephone No. (913)831 -1855 ext. 436 Thank you for your valuable participation in this process. Sincerely, Michele Purton EB /bm 100 S 1ST STREET RM 409 MINNEAPOLIS MN 55401 -9990 TEL: (612) 349 -3500 FAX: (612) 349 -6377 FYR 1 • Sti1hr • December 1, 1998 Steve Mvyslans Real Estate Specialist 6800 West 64th Street, Suite 100 Overland Park KS 66202 -4171 Dear Steve: THE BIRTHPLACE OF MINNESOTA -� It was informative talking with you regarding post office development plans in the Stillwater area. I have enclosed a site map and ownership information for the locations we discussed that fit your needs. If you would like additional information or have questions regarding the site, feel free to contact me at 651- 430 -8821. Sincerely, Steve Russell Community Development Director Attachment: Site map CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 i• - " • -S. r 1 "r--.4 rrr Tr • • • .../........„, rr o . J .......... I e 7 :-.. - • •, ,.. _ 4 -..) i-,. i..,-- :'-- -I i-- N,L,.:' . -'''. 4 : -r ..i/..-- I 1 . ....,L.,...t.J,r , ...-i. - ..- . . • i L. ; i 2. 1 ;:-.:..... e.."' .. 4 , :: ::7 -......y /-, ,„,...:4 -1 .. •-• - ''. - . • . ,,,.......;„,..... ,t,.. -..! .. ..-,.... .--....: ..... ...."-- '', ',.- L ."! l ,,"'. ▪ 1-----) 1--. / / /- I i :,.....-.:. 4_ - i " ▪ .„ .\-..... -!" • ■-"' ---... ' 1 :7 : ..... ; f........t. / . —......„...i if / ilr I ? Location Map \ L. 4- • , • 4 I ; ' r . I • • 1 . ; • ; ; • • 4 f 1 7.7411 r ,, ,,,, ." — .1 ..... • ri" '' 4 4 ;• • - c"4.. 1 • • r ---- r ,-• / 69C /-■ 4-e et"e 4- c • /zg -. h;f0L R/ --'frAitpser4;i44/ 1 1/24, iv4e.6 .13* 12%*'' 1 11(-11TAN” R4.4Vty 157 4/6 r/h5 F T4TT TT R22w R2IW R2OW Vicinity Map Scale in Feet 0 1046 111is drew* is tt,* mita *3 campasitOn end nonsfuebal of Y. ruards es they .,Vor Wans/plon Carty offlers 1.• ...ft should be used ler Wenn:. Was.ngton 1. any mow... Scores WaftNitan Canty Summar. OM. P eas (31334301375 • currootthrtugh NO.M130( 30. 1993 5) 4 /-ef /-7 dap 2 - 002 ./ t s 5 c 4/1 dig. *2A' • MAGNUSON LAW FIRM • DAVID T. MAGNUSON LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • TELECOPIER: (651) 439 -5641 MEMORANDUM TO: Nile Kriesel, Stillwater City Administrator Steve Russell, Community Development Director FROM: David T. Magnuson, Stillwater City Attorne DATE: January 19, 1999 SUBJECT: Lease of City Property for Post Office Parking RICHARD D. ALLEN At your request, I have reviewed the lease between the City and the United States Postal Service for a sixty by one hundred and eighty foot parcel on the corner of 4th and Myrtle Streets in the City. The original lease was made for an initial five year term beginning in August of 1972 and then for three additional five year option periods thereafter. The last option period was by the Postal Service on July 1, 1997 and therefore, the last option will expire on June 30, 2002. The rental is one dollar ($1.00) per year with the obligation of the Postal Service to grade, black top and plow, and perform any other work necessary for the maintenance of the parking lot. You have asked whether this lease is assign and in my opinion it would be since it does not contain any prohibitions against assignment. Please let me know if you need anything further on this. , at .. Z ? >a ^y� Kgf M s. o�dXaA3a� P s =FILE .PLANS ,O K'D- The ''Space` Re ' Branch of the U.S. ~Post Office;'.Dept, submitted, the artist's :sketch, you • above "•to the;_Stillwater`: •' .t city council.Tueaday, night'for 'city� approval of th e ; architectural ! design Of =the aproposed : 'new Post five building and Stillwater; officihls:approved.the idesign as •sub - mitted. The structure will be tj uiit: facing: Third Street East) and drive n parking': will'be, provided',In,frpnt;,of:::the building.,l ost Office offictafs;plan`to call'for`b1ds, Within rtbe,'next' #ev('week5 and " hope l 'to get; staited op con'struotjon :nez #= .lune:at Third =anc( esign1,. .� T es ezo m . The'. Stillwater:Oity..council - .working :.into the wee' hours. of ..the o rning . WednesilaY :Went 'through' an "endless :agenda '',of Reins, 'held twei lionr..publia:Ifearing 'on :a controversial fr'eiionizig proposal and, xt design _of „th e;new,.poSt ice building 'see With e City's ',architectural . ..plans • 'for . the future';arid :oved by ; council miclray through th'e -Tuesday night. ;ee' ,Only lverSon 'voted "against the MayOrt:Dean:Charlsen:.stated sfterWardi.that the city hoped. to t oui Of the:present . city hall . and fire hall around June of .next' year Id he 'said that bids have .s.lready * ,for on' the new :11 and fire hall which will be oPened at a . cOuncil meeting The niayor it Was the' CounCil's 'Wish - to get irted on the ',new municipal building. early . in December and that e citY eipeCted to ask the cOntra:ctOrtOtrY 'and finish the fire hall . soon as possible. . The estimated cost "Of structure may run around $365,000 dol- rs _according -AO architect peter_ tiacchini..The "will. 'get $80;000 yrtle which would cut cosi of prOject expenditures . to under %L. �t,�'- •s' _ .3 is _ v : In, another building move plan- ned for; the 7 future the council passed 'a motion asking that la cal architect Byron Boyle be call- ed in to complete final - plans for a' new. city,. garage which Will 'be built on ,the .;present . city -:dump site. • ,.: ?_En assistant - Da- vid Harrison, Who had com= pleted the . preliminary plans on the : project, is resigning to take a better position with Univac and . will leave his city` post' Monday, :rov. 15. The . city council passed a mo- . t tion'to , send a letter to Har- rison commending „him for' his fine work in the engineer- ing office. "We appreciate the good job 'he :has done for the city, ",Mayor'Charlsen stated. • PROPERTY STAYS RESIDENTIAL Property in the northeast sec- tion of Stillwater owned by Frank Aiple, was still zoned .residential today despite a compromise re- quest by Aiple's attorney L y 1 e Eckberg to have just a portion of -the "property • rezoned industri- al; :rather ;than•:all of it as-,was earlier"• - requested.'•° sEckberg's request to the .coun- cil, in the form of a letter reads . as follows • • division E, `Paragraph 124, - Article V, of the City Char - - ter of the 'City of Stillwater, we request that the re- zoning ' of .the said Aiple. property be : V amended 'so • that everything : southerly of a 'line • 100 ` feet' north of the northerly" line of Stillwater • Avenue : extended easterly to the St.' Croix Riv• er be zoned industrial.: "On behalf of Mr. Frank Aiple we are withdrawing our , reques for the zoning of the real estatt north' of this line and ask that i remain residential, Eckberg sta ted. . When the final reading of, the rezoning ordinance pro= posal and • the • subsequent amendment was read, the council voted Aiple's 'request down ' 4 -1, with councilman Donald . Nolde casting , the only affirmative vote. In other action the council dis cussed the possibility of the creel washing out the dike constructec on : the •"north 'end of McKusicl lake unless something is - dons about the matter. So after a brie discussion the council authorizes the city engineer to take a fev days 'sometime this month an • • have additional fill brought in b •:: "In accordance with .. Sub- • • try to strengthen the .dike. -.41, 6 MAGNUSON LAW FIRM • • DAVID T. MAGNUSON DTM /tm Enclosure LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • TELECOPIER: (651) 439 -5641 MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson, City Attorney O' DATE: January 29, 1999 SUBJECT: City Charter Ethics Compliance RICHARD D. ALLEN As a reminder to the City Council I enclose a copy of the amendment to the City Charter that was enacted by the City Council by ordinance in July of 1998. The charter change required the City Council to enact an ordinance implementing provisions of the change within sixty days after the effective date of the ordinance. Since the ordinance was not effective for ninety days the City Council should have taken action by December 21", and the City Charter Commission is beginning to ask questions about the delay. I have explained to them that I have been working on the draft and I submit it for consideration for the City Council for a first reading. This draft incorporates some language from a similar ordinance adopted previously by the City of Maple Grove and also borrows extensively from the State Ethical Practices Act Statute. The City Council should remember that they are free to change this draft as they see fit, as long as the finished product would carry out the mandate of the Charter provision that the ordinance must "administer and enforce the conflict of interest and financial disclosure provisions of the charter ". • • AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING §21 -14, A SECTION IMPLEMENTING THE CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE PROVISIONS OF THE STILLWATER CITY CHARTER. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 21 -14. ORDINANCE NO. Subd. 1. Purpose. The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all public officials whether elected or appointed. The purpose of the Code of Ethics section is to direct disclosure of City officials of private interests in matters affecting the City and to establish ethical standards of conduct for all such officials be setting forth those types of activities that are incompatible with the best interests of the City. Subd. 2. Definitions. (1) "Conflict of interest" means any treatment by an official of a matter in which the official has an interest, clearly separate from that of the general public. (2) "Doing business" means engaged in any contractual relationship with the City of Stillwater, or making application for a relationship or for any relief or benefit available from the City including, but not limited to, a variance, permit, license, plat approval or zoning decision. (3) "Interest" means having any personal or financial benefit. (4) "Matter" means anything upon which some official or employee of the City of Stillwater, individually or in concert with any other official or employee, is empowered to act. (5) "Official" means any person who has been elected, appointed or hired to a position having supervisory and decision - making authority in the City of Stillwater including, but not limited to, any of the following: (a) Member of a City board or commission; (b) holder of a City elective office; (c) the department head of each City department; (d) the City Coordinator or Administrator; 1 (e) the City Attorney and all members of their firm; (f) any other person designated by the City Council from time to time. Subd. 3. Disclosure Required. Within thirty (30) days after April 30, 1999 and within thirty (30) days after taking the oath of office and within thirty (30) days after any change in a statement previously filed, each official must file on forms approved by the City Council and obtained from the City Clerk: (1) With respect to real property, not including the official's homestead, located in the City of Stillwater: (a) The location of any property in which the official has or has had an interest within the previous three (3) years. (b) the location of property in which the official knows his or her spouse or minor child to have a present interest or an interest within the previous three (3) years; (c) the name of the person possessing each interest referred to in paragraphs (a) and (b) above; (d) the nature of each interest referred to in paragraphs (a) and (b) above. (2) With respect to any non - ownership relationship the official has with any company, partnership, firm, corporation, labor union, association or other entity doing business with the City of Stillwater: (a) The name of any entity; (b) the title of each position held in connection with each entity; (c) whether compensation is involved in connection with each position. (3) With respect to any ownership interest constituting more than five percent (5 %) of the total ownership in any corporation, firm, partnership or other entity doing business with the City of Stillwater, indicate: (a) The name of the entity. (b) The type of ownership interest. Subd. 4. Prohibited Conduct. No official may do any of the following: (1) Use his or her position to secure any special privilege or exemption for themself or any other; (2) no member of a City Board or Commission or elected official may act as agent or attorney for another in any matter before the governing body, board or commission on which he or she is a member; 2 • • r • • (3) directly or indirectly solicit, accept or receive any compensation, gift reward or gratuity in any form in connection with any matter or proceeding connected with or related to the duties of his or her office except as may be otherwise provided by law; (4) enter into any contract with the City of Stillwater unless otherwise authorized by law; (5) except as otherwise authorized by law, enter into a discussion of or vote upon matter in which he or she may have an interest or in any manner influence a vote or decision of any other official on any such matter unless the treatment of the matter will benefit the public official no greater than other members of the general public and official discloses for the record his or her interest prior to any discussion or vote; (6) use private or confidential data collected by the City of Stillwater to advance or benefit his or her own interests; (7) use his or her office or otherwise act in any manner which would give the appearance of or result in any impropriety or conflict of interest. Subd. 5. Documents: information. The City Attorney must inspect all material filed with the City as promptly as is necessary to insure comply with the provisions of this section. The City Attorney must immediately notify the individual required to file a document if a written complaint is filed with the City Attorney by any registered voter alleging, or it otherwise appears, that a document filed is inaccurate or does not comply with the provisions of this section, or that the individual has failed to file a document required by this section. Subd. 6. Violations: enforcement. The City Attorney must investigate any violation which is alleged in a written complaint and must within thirty (30) days after the filing of the complaint make a public finding of whether or not there is probable cause to believe a violation occurred. The deadline for action on any written complaint may be extended if necessary. Within a reasonable time after beginning an investigation of an individual or association, the City Attorney will notify that individual or association of the fact of the investigation. The City Attorney may make no finding of whether or not there is probable cause to believe a violation has occurred without notifying the individual or association of the nature of the allegations and affording an opportunity to answer those allegations. Any hearing or action concerning any complaint or investigation other than a finding concerning probable cause is confidential. Until the City Attorney makes a public finding concerning probable cause: (a) No member, employee, or agent of the City Attorney may disclose to any individual any information obtained by that member, employee, or agent concerning any complaint or investigation except as required to carry out the investigation or take action in the matter as authorized by this chapter; and 3 (b) after the City Attorney makes a public finding of probable cause the City Attorney must report that finding to the law enforcement authority other than the City Attorney who has agreed to act as special prosecutor for the purpose of this section; and (c) upon the conviction of any person of a violation of this chapter the office employment or position held by that person becomes vacant; and (d) upon the conviction of any person of a violation of this chapter any permit license or zoning decision promulgated or issued in which the convicted person participated becomes null and void. Subd. 7. Advisory opinions. (a) The City Attorney may issue and publish advisory opinions on the requirements of this section based upon real or hypothetical situations. An application for an advisory opinion may be made only by an individual or association who wishes to use the opinion to guide the individual's or the association's own conduct. The City Attorney will issue written opinions on all questions submitted to him/her within thirty (30) days after receipt of written application, unless an individual or association agrees to extend the time limit. (b) A written advisory opinion issued by the City Attorney in any subsequent proceeding concerning the person making or covered by the request and is a defense in a judicial proceeding that involves the subject matter of the opinion and is brought against the person making or covered by the request unless: (1) The City Attorney has amended or revoked the opinion before the initiation of the board or judicial proceeding, has notified the person making or covered by the request of its action, and has allowed at least thirty (30) days for the person to do anything that might be necessary to comply with the amended or revoked opinion; (2) the request has omitted or misstated material facts; or (3) the person making or covered by the request has not acted in good faith in reliance on the opinion. (c) A request for an opinion and the opinion itself are nonpublic data. The City Attorney; however may publish an opinion or a summary of an opinion, but may not include in the publication the name of the requester, the name of a person covered by a request from an agency or political subdivision, or any other information that might identify the requester unless the person consents to the inclusion. Subd. 8. A Violation of this chapter is a Gross Misdemeanor punishable by a fine of up to three thousand dollars ($3,000.00) or up to one (1) year in jail. 4 • • Subd. 9. This ordinance will be in full force and effect from and after is passage and • publication according to law. • Adopted by the City Council of the City of Stillwater this day of , 1999. 5 Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk • • Phone 651 -439 -4187 Fax 651 -430 -9197 January 27, 1999 Stillwater City Council City of Stillwater 212 North Fourth Street Stillwater MN 55082 Dear Stillwater City Council, MCIOBAYPRO, INC. P.O. 119 STILLWATER, MN 55082 USA As you are aware, our group has been working with the city and affected landowners for over a year developing a plan for the 62nd Street addition on the western edge of town. We own or control the parcels of land known as the Richard Anderson property and the Sid White property. We have been working closely with Mr. Russell and Sheri Buss regarding the proposed uses and designs of the subject property's I believe we have come to a preliminary resolution on these uses. Ideally our plans are as follows. The piece of property consisting of approximately 4 acres lying south of the existing drainage ditch and bordering Long Lake would be donated to the city in exchange for future setoffs to be discussed and negotiated later. I am assuming this land would forever be placed in parkland and never developed. To the north of this parcel we plan on a 13 lot single - family subdivision. The lots would be a combination of ours (8 ) and Richard Anderson's (5) and conform to the DNR regulation of 20,000 square feet per lot. The next parcel consisting of approximately 4 acres and lying easterly of said single family lots would be a 34 unit for -sale townhome development. These townhomes would primarily be single level design, have attached two car garages, two to three bedrooms and two bathrooms, individual central in -floor heating and air - conditioning systems, laundry rooms, fireplaces and many other features. Our plans call for marketing these units beginning at $115,000. We feel they are priced appropriately and want them to move quickly. The final parcel of Sid White's and Dave Harvieux's property (6.5 and 1.0 acres respectively) will consist of a 52 unit rental townhome development. These townhomes would be of the two and three bedroom variety consisting of both single and two level designs. Many would be handicapped accessible to accommodate the senior and handicapped individuals who would reside there. The townhomes would have single stall attached garages, individual in -floor central heating and air - conditioning systems, laundry rooms, patios, and many more amenities. The rents for these units would range from $650.00- $800.00 per month. As I mentioned previously, we intend to secure federal income tax credits on this portion of the project. The competition for these credits in enormous. Therefore, in order to secure them I need the assistance and cooperation of the city. One of the biggest factors in procuring these credits is to provide documentation to the MHFA (Minnesota Housing and Finance Agency) that the city is extending financial support for a percentage of the total project costs. Please let me make this clear that I am not asking for a "hand- out ". I only want to secure the tax credits so that this whole project can proceed. I have some suggestions on how we can pursue this idea without putting the city at fmancial risk and allowing us to compete successfully for these tax credits. The deadline for submitting my tax credit application is February 18, 1999. I will communicate my thoughts with Mr. Russell and could possibly attend the council's next afternoon meeting or workshop to discuss this further. We have retained the Stevens Engineering firm to provide the necessary services for this development. They are currently working on a site plan and design for the project. I have the proposed building elevations and unit layouts in my possession. I will bring them with to the next meeting. Thank you for your time and consideration. Sincerely, Tim No1de Anchobaypro, Inc. cc: Mr. Steve Russell • • JAN-27-1999 11 :26 CITY OF OPH CITY OF OAK PARK HEIGHTS FOLLOW UP AGENDA FOR TUESDAY, JANUARY 26, 1999 CITY COUNCIL MEETING Call to Order/Auvroval of Agenda Add: 1. Choose delegate for Historical Bridge Meeting as Item C 7:00 p.m. I. under New Business. 2. Develop monthl Budget report as Item, D under New Business. Approved with changes 5 - 0 7:05 p.m. II. Devartment/Council Liaison Renorts A. Planning Commission Update provided B. Parks Commission Update provided C. Cable Commission Update provided D. Water Management Organizations 1. Brown's Creek Watershed District Update provided 2, Middle St. Croix Water Management Organization Update provided E. Other Nothing to report 7:20 p.m. III. ViF it o rs /Public Continent A. John Arkell, Carriage Homes and Jack Krongard, Krongard Construction addressed Council. B. Recycling Award Nicholas Bryant, 6315 Paris Avenue North 7:25 p.m, IV. Consent Agenda (Roll Call Vote) Items F, G, I and L pulled Consent Agenda approved 5 - 0 A. Approve Bills & Investments B. Approve City Council Minutes - January 12, 1999 C. Approve amended City Council Minutes - December 15, 1998 D. Approval of Investment Polic E. Approval of Wal -Mart amusement license F. Resolution establishing admin, fees for 1998 Moved to Old Business, Item D. G. Resolution adopting 1998 budget adjustments Moved to Old Business, Item E. H. Approval of preliminary 1999 cable budget I. Resolution authorizing transfer cf TIF funds P. JAN -27 -1999 11: 27 C i TY OF OFH J. Approve authorization for City Holiday part K. Approve Vendor Nondisturbance agreement L. Approve tree pruning bid Clarification provided. Approved 5 - 0. M. Approve Continuation Agreement for 1999 Goodwill Attended Donation Center 7:30 p.rn. V. Public Hearings A. Seta Public Hearing 6r Tuesday, February 9, 1999 to discuss amending Ordinance 203, An Ordinance Regulating Employee Relations. Public Hearing set for Tuesda February 9, 1999. B. Set date for Public Hearing for Amending Parks and Planning Commission Membership. Tabled to February 16, 1999 Worksession. 7:35 p.rn. VI. New Business A. Approval of creation of additional position of Sergeant in the Police Department. Approved 5 - 0. B. Approval of the promotion of Michael Hausken to Sergeant effective July 1, 1999. Approved 5 - 0. C. Appointment of delegate for Bridge Meeting on January 27, 1999. Councilmember Byrne appointed. Approved 4 - 0. Councilmernber Byrne abstaining. D. Monthl Budget Updates. Finance Director to report back at Februar 16, 1999 Worksession. 7:45 p.m. VII. Old Business A. Approve appointment of Parks Commission members Motion to appoint Barb Schott died for lack of a second. Appoint Gina Zeuli to Parks Commission. Approved 5 - 0. B. Approve Resolution 99- 08 -11, A Resolution Determining Findings of Fact and Directing the Amendment of the Code of Ordinances of the City of Oak Pariz Heights to include B -3, Highway and Business and Warehousing Zoning District. Approved 5 - 0. C. Approve Resolution 99- 01 -12, a Resolution Deter fining Findings of Fact and Authorizing the Rezoning of Lands from Open Space (0) to Highway Business and Warehousing (B -3). Approved 5 - 0. D. Approve Resolution establishing admin. fees for 1998. Approved 4 - 1. Councilmember Beaudet voting against. F. Approve Resolution adopting 1998 budget adjustments. Approved 5 - 0. s • t JRN -2? -1999 11:27 CITY OF OFH • 8:04 p.m. VIII. Aciiournment • P.04/04 TOTAL F.04 • JAN -22 -1999 15:59 CITY OF OPH CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 26, 1999 7:00 P.M. AGENDA 7:00 p.m. I. Call to Order /Approval of Agenda 7:05 p.m. II. Department/Council Liaison Reports A. Planning Commission B. Park Commission C. Cable Commission D. Water Management Organizations 1. Brown's Creek Watershed District 2, Middle St. Croix Water Management Organization E. Other 7:20 p.m. III. Visitors/Public Comment 1 A. This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) B. Recycling Award (1) 7:25 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — January 12, 1999 (2) C. Approve amended City Council Minutes — December 15, 1998 (3) D. Approval of Investment Policy (4) E. Approval of Wal -Mart amusement license (5) F. Resolution establishing admin. fees for 1998 (6) G. Resolution adopting 1998 budget adjustments (7) H. Approval of preliminary 1999 cable budget (8) I. Resolution authorizing transfer of TIF funds (9) J. Approve authorization for City Holiday party (x) K. Approve Vendor Nondistuzbance agreement (2x) L. Approve tree pruning bids (3x) M. Approve Continuation Agreement for 1999 Goodwill Attended Donation Center (4x) 7:30 p.m. V. Public Hearings A. Set a Public Hearing for Tuesday, February 9, 1999 to discuss amending Ordinance 203, An Ordinance Regulating Employee Relations (10) B. Set date for Public Hearing for Amending Parks and Planning Commission Membership (11) P.02/03 JAN -22 -1999 16:00 CITY OF OFH 7:35 p.m. VI. New Business A. Approval of creation of additional position of Sergeant in the Police Department B. Approval of the promotion of Michael Hausken to Sergeant effective July 1, 1999 7:45 p.m. VII. Old Business A. Approve appointment of Park Commission members (12) B. Approve Resolution 99- 08 -11. A Resolution Determining Finding; of Fact and Directing the Amendment of the Code of Ordinances of the City of Oak Park Heights to include B -3, Highway Business and Warehousing Zoning District (13) C. Approve Resolution 99- 01 -12, A Resolution Determining Findings of Fact and Authorizing the Rezoning of Lands from Open Space (0) to Highway Business and Warehousing (B -3) (14) 8:00 p.m. VIII. Adjournment F.03/03 TOTAL F.03 • 01/26/1599 02:31 6514394705 Planner: Eggineer: L'ILblie Works: Note: 1/23/99 Stillwater 'Township January 23 , 1999 J o • hair: B ergeron Tyl 0), L.' cf 7 30 pill. Regular Meeting Agenda: Adopt Minutes:. Approve - Minutes Janury 12 and January 14, 1998 Treagorer; 1 Claims & Cheeks Attorney: 1. Hunters Ridge Update 2 Socha Update 3 Sign Washington Cqunty CUP 1. /Vdahl Minor Subdivision Cif ready) 2. Greer. Corridors Map 3. Cornprehen.sive Plan Update Clerk: 1. Miscellaneous Committees 1 Peoule 7 8:30 I'M: 1. ‘ I Steve Cook Letter 2. Johnson Report re. :Kipp Meeting 3. Architects 4. Update Recycling/Reuse .Afrair New Business: I, ISTS .Mariageinent Program Pat Bar PAGE 01/01 • January 14, 1999 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Jerry Hicks, Supervisors Ken LaBoda, Louise Bergeron, Sheila -Marie Untiedt and David Johnson. Also, Planner Meg McMonigal, Attorney Tom Scott and Steve Cook (Oak Wilt Inspector). 1. AGENDA - M /S /P Bergeron /LaBoda moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Untiedt /Bergeron moved to approve the 12/10/98 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - Claims #2327 thru #2347 were approved for payment. 4. ATTORNEY - 1. Steve Cook was present to discuss oak wilt inspection on private property with the attorney. David Johnson will talk to the Kipps about some wood on their property. He will report back next meeting. 2. The clerk will contact Mrs. Wong and Mr. Schmuckler about a stop payment on an escrow check. 5. PLANNER - 1. The planning commissioners will be invited to attend a comprehensive plan meeting at 7:30 p.m. on January 25, 1999, after the organizational meeting. 2. The May township portion of Hunters Ridge will be starting soon. The portion of the road in Stillwater township must be reviewed and approved by the board. Also a development contract must be signed. The county must sign off on the dead end cul -de -sac. It shall be made clear that the township will not maintain the road. The attorney and engineer will handle the above items. 6. PUBLIC WORKS - 1. A resident's request for lighting at Orwell and CSAH 11 was discussed. M /S /P Johnson /LaBoda moved that the supervisors do not agree that lighting at Orwell and CSAH 11 is a safety issue and that it is inconsistent with the township's rural lighting policy. (5 ayes) • 2 Mike Raleigh has offered to finish putting crushed asphalt on 100th Street (off Otchipwe to the east) if the township will remove necessary trees. The Stillwater Town Board Meeting - 1/14/99 Page Two supervisors have agreed and furthermore trees that need removal on other streets will be so marked in the interest of road safety. 3. A letter to Joe Lux will express that the supervisors want no driveway accesses off of Highway 15, particularly in the area of the 15 and 96 intersection. The North Lake Community Church should have their access on Highway 96. 4. A county proposed plan that the township should share 25% in the upgrading of the County 15 and 12 intersection met with a resounding - no way. 7. COMMITTEES - M /S /P Bergeron /Hicks moved to appoint Troy Schifsky to another term on the planning commission. (5 ayes) M /S /P Untiedt /Bergeron moved to accept the resignation of Ken Bjorlin from the park committee with thanks for past time spent working on behalf of the township. (5 ayes) 8. GREEN CORRIDORS - The planner will get maps of green corridor areas so that if any are in the township an attempt can be made to get the owners involved and further look into available grant monies to help with purchases. 9. BOARD OF REVIEW - The date and time of April 15 from 5:00 - 6:00 p.m. is agreeable for the township board of review. 10. ADJOURNMENT - Meeting adjourned at 9:40 p.m. Clerk Chairperson Approved • • WASHINGTON COUNTY COUNTY BOARD AGENDA JANUARY 26, 1999, 9:00 A.M. Wally Abrahamson District 3 /Chair Myra Peterson District 4 1. 9:00 Roll Call Dick Stafford District 5 2. Consent Calendar 3. 9:00 Information Services - R. Schander, Director Update on Year 2000 Computer Issues 4. 9:20 Community Services Department - D. Papin, Director Change to Child Care Resource and Referral Fee 5. 9:30 Court Services Department - R. Reetz, Director Minnesota Juvenile Accountability Incentive Block Grant Program 6. 9:40 General Administration - J. Schug, County Administrator A. Commissioner Appointments to the Metropolitan Inter - County Association (MICA) B. Establishment of a County Legislative Committee C. Location of Library Administrative Offices 7. 10:20 Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 8. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:30 Adjourn 11. 10:30 County Board Interviews with Applicants for the South Washington Watershed District Board of to Managers - (Continued from this morning) 11:30 12. 11:30 Meet with County Administrator to Discuss 1999 Work Plan ( Continued from 1/19/99) to 12:15 3:30 Board Meeting with Legislative Delegation - State Office Building - Room 300 South to I. 4:30 1999 Legislative Agenda ** *MEETING NOTICES LISTED ON BACK * ** Assist litening devices re able /or use the ounty Bo rd Room D 439 -3220) TY / AFFIRMATIVE If ou need assistance ive s due to disab,tit a or tan ua a barrier /ease C calf 430 -6000 ITO E EMPL OPPORTUNITY ACTION EMPLOYER Dennis C. Hegberg District 1 Bill Pulkrabek District 2 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY Administration Assessment, Taxpayer Services & Elections Human Resources Recorder WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* JANUARY 26, 1999 ITEM A. Approval of the December 22, 1998 and January 5, 1999 Board meeting minutes. B. Approval to appoint John Rheinberger, Stillwater, to the Washington County Library Board to a term expiring December 31, 2001. C. Approval of 1999 dues for the Metropolitan Inter- County Association (MICA) D. Approval of abatement applications for disaster credits. E. Approval of on one day sale 3.2 percent malt liquor license for the Fireman's Ball, on February 27, 1999. F. Approval of one day on sale 3.5 percent malt liquor license by the Vietnam Veterans of America Chapter 320, for the Forest Lake Fishing Consent, February 7, 1999. G. Approval of personal leave of absence for Teri Selden in the County Attorney's Office, beginning January 25, 1999, to accept appointment of Executive Assistant to the County Attorney. H. Approval of the plat of Martin and Julius Pauley, Estates 3r Addition in Baytown Township. *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. ******************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Date January 25 January 26 January 26 January 27 January 27 January 28 January 28 January 28 Committee Library Board Interviews with Applicants for the South Washington Watershed District Planning Advisory Commission Mosquito Control Executive Commission Regional Solid Waste Management Coord. Board Community Corrections Advisory Board Resource Recovery Project Board Metropolitan TAB MEETING NOTICES Time Location 6:30 p.m. 8:10 a.m. 7:00 p.m. 9:00 a.m. 10:30 a.m. 7:30 a.m. 8:30 a.m. 12:30 p.m. 1010 Heron Avenue North - Oakdale Washington County Government Center Washington County Government Center 2099 University Avenue West - St. Paul 2099 University Avenue West - St. Paul Washington County Government Center 1670 Beam Avenue - Maplewood 230 E. 5 St. - Mears Park Centre 3:45 to 4:05 1. 4:30 2. 3. 4:30 4. 4:40 5. 4:50 6. 5:00 7. 5:10 8. 5:20 WASHINGTON COUNTY COUNTY BOARD AGENDA FEBRUARY 2, 1999, 3:45 P.M. Board Workshop with Transportation & Physical Department • Date Committee February 3 Met. LRT Joint Powers Board February 3 Plat Commission February 4 EMS Radio Communications Board Update on CSAH 12 /CSAH 15 Intersection Improvements Roll Call Consent Calendar Sheriff's Office - J. Frank, Sheriff Dennis C. Hegberg District 1 Bill Pulkrabek District 2 Wally Abrahamson District 3 /Chair Myra Peterson District 4 Dick Stafford District 5 State Sheriffs Association Life Saving Award to Two Washington County Residents Court Services Department - R. Reetz, Director Acceptance of Grant - Community Justice: Transforming the Criminal Justice System Human Resources Department - J. Honmyhr, Director 1999 -2001 Bargaining Agreement with Correctional Officers in the Sheriff's Office Transportation and Physical Development - D. Wisniewski, Director Maximum Toll for Vehicles Using Privately Owned Bridge Number 5600 in St. Paul Park General Administration - J. Schug, County Administrator Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 9. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence 11. 5:40 Adjourn 12. 5:40 County Board Interviews with Applicants for the South Washington Watershed to District Board of Managers 6:20 ******************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES Time Location 8:30 a.m. Hennepin County Government Center 9:30 a.m. Washington County Government Center 9:30 a.m. 199 East Wentworth Ave. - West St. Paul Assistive listening devices are available for use in the County Board Room if ou need assistance due to disabilit or language barrier please call 4.30 -6000 /TDD 439 -32201 E EMPLOYMENT OPPORTUNTY / AFF ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* FEBRUARY 2, 1999 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the January 12, 1999 Board meeting minutes. Human Resources Minnesota Extension Transportation & Physical Development B. Approval of staff comments on City of Willernie Comprehensive Plan. C. Approval to appoint Dr. Mary Jo Weingarten, representing secondary education and David J. Piggott, representing economic development housing, to terms on the County Workforce Council expiring June 30, 2001. D. Approval to appoint Richard Stafford to the Metropolitan Inter- County Association Board of Directors. E. Approval to reappoint John Colbert as a District 4 appointment, reappoint Rosemary Emmons as a Health Professional appointment and appoint Marguerite Rheinberger as a Health Professional appointment to the Public Health Advisory Committee to terms expiring December 31, 2000. F. Set the salary for the County Attorney's newly appointed Executive Assistant. G. Approval of Special Project Worker I position in Community Services for 1999. H. Approval of Uniform Settlement Reporting Form for the labor agreement with LELS representing the Correctional Officers in the Sheriff's Office for contract years 1999 -2001. I. Approval of resolution, ratification of the original grant agreement with the Minnesota Office of Environmental Assistance, its extension through 1999 and authorization for Robert Olson, Extension Educator, to execute the Grant Agreement. Public Health & Environment J. Approval of density allocation agreement with John and Janice Merthan and James and Patricia Segelstrom. K. Approval to enter into an agreement with the City of Afton for the installation of street lighting at the intersection of CSAH 18 (Afton Boulevard South) and Pennington Avenue South. *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. 1 • • JlaiIirg .Adutr13`1 echn{rrl Ad• s r. C U \l. ,c:i •i r . _ :5 r.attvtt D: tn.t f;:.' Cu- (.rca F!•uk\ard, Sac., i�•; Plats and Plans for Review (Doneux) 10 Conimu.iicaticns 1 ! Old Business 12, New Business. 13 .Adiourn n. n1 CREEK WATERSHED DISTRICT \lettings: 11:10 p rn.. 2nd & 4t11 ;'hmd v ot'the a;', ashmpton Soil and \L'ato C on'cr 1)r.z:n4.1 virx AGENDA Jan. 25, 1999 511111CmOafIM3 tlwta..._eaA:a.r^ 1. Cali to order ii). 6 PM. Approval of Minutes from prior meeting (Michels) 3. Treasurers Report (Gordon) 4. Joint discussion; 2nd Generation Plan Development, Board and C'AC A, Identify Priorities B Develop Preliminary Time Line C. Establish Specific Responsibilities D Identify specific resources available (DNR, BWSR. SWCD, etc.) Review of LCMR Status (Emmons & Olivier) o. Review of Kismet Basin Status (Emmons & Olivier) 7_ Report on Washington County Water Governance (Michels) 8 Status of Technical Review of Rules Approval Process (Kilberg. Emmons & Olivier) Hos Of \ Ixaaierc Craig 1 c ate:'resida;t Karam lhlb:.rg �'icr itirsidnt r•t yard i;.ir<L.n liJirly. S:1:L7 -ill 1 kc: The purpose of this joint meeting is to develop the strategy and content. in broad outline, for the Second - Generation Watershed Management Plan. The Board feels that a joint effort at this time is essential in establishing the priorities and committing the resources necessary to meet our deadlines. In Attendance: Minutes of Meeting Brown's Creek Watershed District December 14, 1998 BCWD Board of Manaaers Craig Leiser Ned Gordon Dan Potter Jon Michels Karen Kilberg Others Louis Smith of Smith Parker, BCWD Legal Counsel Tony DeMars, Camilla Correll, and Stuart Grubb of Emmons & Olivier Resources Mark Doneux, BWSR Jason Moeckel, MNDNR Clayton Eckles, City of Stillwater — City Engineer Jerry Tumquist, City of Oak Park Heights Citizens: Donald Rice, Pauline Rice, and Donald Rice, Jr., Melissa Leiser, James E. Hall, Marvin Jones and Paulette Jones, and Travis Kiel Kim Reeves, Recording Secretary 1. The Annual Meeting was called to order at 6:40 p.m. by Craig Leiser. Approved 2. Aooroval of Minutes 11/23/98 — Jon Michels: • A motion to approve the minutes of the November 23, 1998 meeting, as amended, was made by Jon Michels and seconded by Dan Potter. The motion passed unanimously. 3. History of BCWD - Craig Leiser: • Overview of geography of Brown's Creek. • Discussion of brown trout habitat — if managed properly the trout will reproduce. • Importance of managing the resources within the State of Minnesota. • Series of events driven by high water — end result was a number of areas that were flooding. BWSR petitioned the state to form a watershed district. Washington County interviewed candidates and the current Board was chosen. 4. Obiectives of the BCWD Board and the District for 1998: • Alleviate flooding on personal and governmental property in the district. • Maintain and enhance the trout habitat of Brown's Creek. • Provide a structure and control for reasonable development, particularly in the Stillwater annexation area. • Required, by law, to have a second generation plan in place by 1999. 5. Treasurers Report — Ned Gordon: A motion that all current accounts payable be paid as presented was made by Ned Gordon and seconded by Jon Michels. The motion passed unanimously. 6. Significant Developments: • Administrative development — Craig Leiser. Thanks to Washington County, and particularly the SWCD, the structure is in place. • Citizen's Advisory Council — Dan Potter: The CAC was formed toward the end of February 1998, consisting of the following members: Janine Thatcher, David Truax, Al Kemp, Stuart Grubb, Ron Pearson, Keith DeWolf, Pam Bjorm, and Paul Leonard. Main Objectives of CAC: 1) become familiar with the watershed district; 2) H &H study; 3) Rules development; 4) Trout habitat protection program; and 5) Playing an extremely important role in putting together the 2' generation plan. o Rules Development — Karen Kilberg; Requirement and statute that watershed districts must accomplish development of rules in order to implement basic principles. - Legal counsel has presented a draft to the Board and the Board has accepted the Rules as presented. - The Rules were sent out to various interested parties. - A public hearing has been held and comments are being received. o H &H Study— Craig Leiser: the study has been completed. Several copies of the report were distributed and one copy will be placed in the public library. o Fisheries and Habitat — Jon Michels and Jason Moeckel: Very important to include other municipalities in a cooperative effort. Education a very important aspect. Potential for a naturally reproducing trout population. 7. DNR Flood Damage Relief Project - Ned Gordon o The DNR (among others) was approached with a grant request. A 50/50 matching grant for "Flood Damage Relief" was granted (50% from the tax payers and 50% from governmental resources). The Board elected to tax the entire watershed district in order to fund the project. • A good faith offer, in the amount of $193,750, was made to the property owners on November 11, 1998. A decision not to accept the offer was made by the owners. A motion to reduce the Brown's creek tax levy in the amount of $96,875 was made by Ned Gordon and seconded by Dan Potter. Following discussion, the motion passed unanimously. • Further discussion of the budget for 1999 followed: - $60,000 to begin structuring and managing . a watershed organization. - $84,100 defined by statute: repayment to the county for monies borrowed as start-up funds. • 25% reduction in the budget is the bottom line. 8. City of Stillwater AUAR — Craig Leiser • Document for which the City of Stillwater has responsibility. • City of Stillwater, BWCD members, and DNR representatives have been working together to resolve issues. 9. Water Monitorina Activities — Mark Doneux: • Ongoing stream monitoring. Measuring the flow, temperature, and conductivity in the stream. • City of Stillwater and Trout Unlimited have done some temperature monitoring. Collecting continuous temperature readings. Science Museum of MN is monitoring Valley Branch and Brown's Creek. • Stillwater Area High School is doing invertebrate monitoring as an indication of stream health. • Volunteers are currently monitoring 16 lakes. Information will be entered into a data base that can be accessed by any one needing the information. • Groundwater is being monitored with an observation well at Withrow elementary. 10. Specific Expectations for 1999: • Finalize adoption of the Rules. Rules have been written. Out for review and comment. Plan to have final Rules in early January 1999. • Development of Second Generation Plan: Must be finalized and turned in to BWSR by June of 2000. Emmons and Olivier critical as ongoing engineering firm. Citizen's Advisory Committee critical to the development of this plan. • Completion of the Trout Habitat Protection Plan. $250,000 must be encumbered by the end of 1999. • Completion of the Kismet Basin Stabilization Project. Board has not discussed how to go about funding this project. • Improvement of Interagency Cooperative Processes. Vital to work with the cities of Stillwater, Hugo, May, Lake Elmo, etc. Need to work very closely with the watershed districts with which boundaries are shared. • Implement the final recommendations of the Washington County Water Governance Study. Transition period will be necessary if the water shed district organizations are to be disbanded. • Utilize the results of the H &H Study — to facilitate any and all development plans. Oak Park Heights is annexing land that will be developed and will be impacting Brown's Creek. 11. Adjournment: A motion to adjoum the regular meeting at 9:15 p.m. was made by Ned Gordon and seconded by Dan Potter. The motion passed unanimously. Respectfully submitted by: Kim Reeves Recording Secretary • In Attendance: Minutes of Meeting Brown's Creek Watershed District December 28, 1998 Approved BCWD Board of Manaaers Craig Leiser Ned Gordon Dan Potter Jon Michels Karen Kilberg Others Louis Smith of Smith Parker, BCWD Legal Counsel Tony DeMars and Jennifer Swenson of Emmons & Olivier Resources Konrad Koosman, BWSR Julie Westerlund, MNDNR Kim Reeves, Recording Secretary 1. The meeting was called to order at 6:32 p.m. by Craig Leiser. 2. Approval of Minutes 12/14/98 — Jon Michels: • As the Minutes have not been reviewed by the Board, they were not approved. Tabled until the January 11, 1999 meeting. A motion to adopt the agenda for this evenings meeting was made by Jon Michels and seconded by Ned Gordon. The motion passed unanimously. 3. Treasurer's Report - Ned Gordon: • Worksheet distributed for review by the Board. A motion to pay accounts payable as listed, in the amount of, $4,750.11 was made by Ned Gordon and seconded by Jon Michels. The motion passed unanimously. 4. Presentation of Draft THPP Schedule — Tony DeMars: Discussions with Keith DeWolf regarding specific easement issues to be instituted this week. Soil samples to be ready by the 1/11/99 meeting. Tony DeMars to look at projected easement costs for next meeting. 5. 2n Generation Plan - Craig Leiser • Joint CAC /BCWD Board meeting — workshop meeting to discuss 2nd generation plan. Steering committee and timeline to be developed. 6. Potential Alternative Means of Compensation for Engineering Services — Ned Gordon • Copy of agreement with South Washington County to be delivered to the Board. • Estimate of hours and costs to be paid on a retainer basis. Karen Kilberg is to work on developing draft of resource contact policy. Ned Gordon will have 7 Discussion of Status of Amendment of Rules — Karen Kilberg • Comments received from the City of Stillwater, City of Oak Park Heights, MN Department of Agriculture, and Westwood Professional Services, City of Stillwater's law firm. Four step process to deal with issues raised has been decided upon: 1) Technical issues raised to be clarified for the Board by Emmons & Olivier Resources. 8. New Business — Craig Leiser: • A motion that until the first half of 1999 taxation funds become available, the Treasurer shall maintain a reserve of funds which shall not be less than $10,000, and that until payment of the taxation funds, the monies in this reserve be spent only with Board approval was made by Ned Gordon and seconded by Karen Kilberg. The motion passed unanimously. • A motion that an additional 3 hours of legal review of the comments made on the Rules be allotted was made by Karen Kilberg and seconded by Dan Potter. The motion passed unanimously. • A motion to allow E &O Resources additional time, up to and not exceeding 8 hours, to provide a technical review of the comments on the Rules was made by Ned Gordon and seconded by Dan Potter. The motion passed unanimously. 9. Adioumment: A motion to adjourn the regular meeting at 10:30p.m. was made by Jon Michels and seconded by Ned Gordon. The motion passed unanimously. Respectfully submitted by: Kim Reeves Recording Secretary a full proposal, including the 2" generation plan projected costs, at the next meeting. 2) Letters of response to be sent under Craig Leiser's signature. 3) Louis Smith to review the comments relative to the Board's statutory power to generate the rules. Move forward in a cooperative frame of reference rather than an adversarial frame. • d Jthitt- "dr" .ber and Mawr pate.' 1 by an thed she is re Speed "l Speed n1 Daval and four ead dinquist) member rd. th by her , 71. and oen, Ken. Atilwater, 0,. I Michael 'children. 481. l'aut nephews. I I, is han- 111,1989. Id-Laguna' a, a vol. Hos- and made . v Zealand ' to Seattle • r al husband: allf., Ann nil Jim of Douglas minim of ' Moen. Eric Matthew MAIL and I Schwalen 1 Lake and • of Co. , ,e arrange. JustLooking?i Give me a call. 651-439-1797 ree11003Mtc.umn.edu l ichelle Roellger faraw g.,ettrri 1, t% In 2 Easy Sessions Gartield's Valley House 1 Hudson, WI Session II • Feb. 3 - $1 5 New turns and series Bot13.sq 1 1 • Lessons horn 6.30-9.30 '• Registration al 6'15 pin •, Sally Clark 715/273-5201 *1 Sloat,EtrtrOSIOOSI . ... I amps &Shades • unique lamps & • Alintv; niuki atVaI 115 o,tilh 1111111 Strut 511439-8783 =11 • ;plus fait • • . , , or , eitixe'' Burger 3 FLOOR COVERING'' / •Carpet • Vinyl • Wood Specializing In all your floor covering needs ECTION L SERVICE YEARS INCE 5; 621. 9-2 - Even ngs by appointment C (651)439-6259 berry, Stillwater AMPLE PARKING Larry, ) YOUR DAY WITH HEAT EVERYDAY JALUES AT iarded tier, 1180 Frontage Road o 1. ,r1 rItirInn 1111,hfrilnnor hr. ern +E moo City of Stillwater,', , , " - St. Croix iYall.ey;,Sficirt§f,'ent,cT , School: District : #834 -5 the surrounding cOmmunities that are financial partners in the and a ll who contrtbuted to, the,project with ,funds and Or time ; special thank you to the Citizens.of Stillwater. . The ice arena is afirst7rate facility and we are extremely proud to call it " Our Home."' • • Stillwater :Area Hign'S Boys and Girls FIockey-teams 4 • 0 1' ; • • Stillwater Asa Chamber of Commerce 'Q (612)439 -4544 X11/29/99 S1:37 PM D 1/1 Est. 1891 STILLWATER AREA Serving the St. Croix Valley Area A WEEKLY UPDATE FROM PRESIDENT RANDY FULTON 439 -7700 ext 11 rfulton@ stillwaterchamber.com Friday Fax January 29, 1999 The Friday Fax is a service from the Stillwater Area Chamber of Commerce. Please share this information with others. Thanks. Chamber Calendar Week of February 1 -5 Monday, February 1 Lake Elmo Business Association Gorman's Restaurant noon Tuesday, February 2 Entrepreneur's Roundtable Chamber Office 11 :30 - 1:00 p.m. Wednesday, February 3 Weekly Visit to the Capitol 1:00 pm - 4:00 pm Thursday, February 4 Board of Directors First Bank of Bayport 7:30 a.m. Friday, February 5 Lunch with the Chamber Famous Dave's 12:00 noon If you would not like to receive any future Friday Faxes, please notify the Chamber office at 439 -9390 Advertising Opportunities available in the 1999 St. Croix Valley Visitor Guide If you have a tourism related business, you will want to advertise in the 1999 Scenic St. Croix Visitor Guide. Randy Fulton will be actively seeking businesses to advertise in this publication during the next three weeks. If you are planning to place an ad or would just like to find out more, please call (651)439 -7700 ext. 11. This colorful destination marketing piece will reach 50,000 potential customers this year. All advertisers will also be included on the Chamber web site. Another NEW feature in this year's publication will be a reader response card. The deadline for reserving your spot in this year's Visitor Guide is Feb 19. The publication will be available to our customers near the end of March. Make sure you call today!!! (651)439 -7700 ext 11 ENTREPRENEURS WANTED! for our NEW Entrepreneur's Roundtable Every person who has had the experience of building a business and all who would like to do the same can benefit from being involved with the Entrepreneur's Roundtable. Attend the first meeting Tuesday, February 2 11 :30 - 1:00 p.m. Chamber Conference Room John Bell, Cascade Business Consulting, will present ''Your Practical /Applicable Business Plan" RSVP to the Chamber (6511439 -9390 Cost - $10.00 includes lunch Debbie and Rick Pierre of Heritage Embroidery & Design are celebrating their 1lth year in business this month. They are having a half price sale on all their merchandise to thank their customers for their success. Debbie is a member of the Stillwater Area Chamber of Commerce Board of Directors and has also been active in past years with the Scenic St. Croix Regional Tourism Alliance. Rick is a member of the Stillwater Rotary Club Congratulations! Speaker of House Steve Sviggum will be Program at Annual Meeting Luncheon February 24 Grand Banquet Hall Mark your calendar for this year's Annual Meeting because you won't want to miss the speaker. And it truly is the Speaker - the Speaker of the House of Representatives, Steve Sviggum. In past years, the annual meeting has been combined with the All Cities Banquet. This year's Annual Meeting will be held as a luncheon providing chamber members another opportunity to meet one another. The All Cities Banquet is still planned for April. More information on the luncheon will be sent to you soon. Thanks to the following members for renewing their investment in the Chamber: Ascension Episcopal Church Century 21 Pauley Kellison Company Membrane Filtration Assistance Norwest Bank Minnesota Senator Jane Krentz Shorty Cleaner Launderer; Inc. Smith Broadcasting Co. (WEZU) Target Stillwater Thanks! Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes JANUARY 5, 1998 Members: Fredell*, Gorski , Hickey, Lockyear, McFayden, Myers, Nelson, Ruch. Director: Bertalmio, Assistant Director: Blocher. * absent. 1. Call to order: President Ruch called the meeting to order at 7:15 p.m. 2. Adoption of the Agenda: Lockyear moved /Hickey seconded adoption of the agenda. 3. Communications: A constituent filed a suggestion asking us to make the computer in the children's room less obvious in order to stress to children that the library is a place for books. 4. Consent Calendar: Hickey moved /Gorski seconded adoption of the consent calendar including payment of 1998 bills in the amount of $41,591.98 and 1999 bills for $9,892.92 as well as a correction in the December bills from $20,326.57 to $20,340.57. 5. Moved by Hickey /seconded by Lockyear to adopt the revised 1999 budget as presented. 6. Lockyear moved /Hickey seconded motion to change St. Croix Collection Policy so that the Director or Assistant Director, not the board is authorized to allow temporary removal of collection items. 7. The Board of Trustees job description was aproved on a motion by Nelson /Hickey with an amendment by Gorski /Hickey to drop the phrase beginning "The Board secures funds..." 8. The individual board member job description was approved on a motion by Myers /Gorski with an amendment by Nelson /Lockyear adding this phrase to the line beginning "Follow trends..." The corrected phrase will read: "follow trends and important developments in the field, including attendance at conferences, workshops and advocacy opportunities." 9. On a motion from Lockyear /McFayden, the board voted to leave the decision on the recommendation of a board candidate to the interviewing committee. Board minutes 10. After considerable discussion about the role of the Board of Trustees we decided to look at the issue at the annual meeting. 11. Hickey moved /Myers seconded motion adopting the Board's 1999 calendar of review. Adopted. 12. We discussed some possible agenda items for the annual meeting. 13. We tabled the "Maunsell Room use" issue for further discussion. 14. The board moved to executive session to discuss union negotiations. 15. The meeting adjourned at approximately 9:00 p.m. January 5, 1999 page 2 Water. THE BIRTHPLACE OF MINNESOTA Report for Curve Crest Boulevard Extension Street and Utility Improvements City Project No. 97 -21 Stillwater, Minnesota January 1999 File No. 510 -98 -803 Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo Rosene Anderlik & Associates Engineers & Architects January 26, 1999 City of Stillwater 216 N. 4 Street Stillwater, MN 55082 Re: Curve Crest Boulevard Street &. Utility Improvements City Project No. 97 -21 File No. 510 -98 -803 Dear Mayor and Council: Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action,/Equal Opportunity Employer Principals: Otto G. Bonestroo, PE. • Joseph C. Anderlik, RE. • Marvin L. Sorvala, P.E. • Richard E. Turner, PE. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. • Robert W Rosene, P.E. and Susan M Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, RE. • Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David 0 Loskota, PE. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K.Field, PE. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • Sidney R Williamson, PE., L.S. • Robert F. Kotsmith • Agnes M. Ring • Michael P Rau, P.E. • Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: www.bonestroo.com Attached is our report for the Curve Crest Boulevard Extension Street and Utility Improvements. The proposed utility and street improvements are presented and discussed with the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:lab Enclosure I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesot Mark A. Hanson �7 Date: January 26, 1999 Reg. No. 14260 2335 West Highway 36 • St. Paul, MN 55113 • 651-636 • Fax: 651 - 636-1311 TABLE OF CONTENTS Letter of Transmittal 1 Table of Contents 2 Scope 4 Figure No. 1— Location Plan 6 Recommendations 7 Feasibility, Necessity, and Cost Effectiveness 11 Discussion 12 A. Sanitary Sewer 12 B. Water Main 12 C. Services 12 D. Storm Sewer 13 E. Streets 16 F. Street Lights 17 G. Bituminous Trail 17 H. Open Space 17 Easements and Permits 19 Cost Estimate 20 Area To Be included 22 Assessments 23 Revenue Sources 25 Project Schedule 26 Appendix A — Preliminary Cost Estimate Appendix B — Preliminary Assessment Roll Appendix C — Residential Equivalent Costs FIGURES Figure No. 1 - Location Plan Figure No. 2 — Sanitary Sewer Layout Figure No. 3 — Water Main Layout Figure No. 4 — Storm Sewer Layout - Phase I Figure No. 4A - Storm Sewer Layout - Phases II, III Figure No. 5 — 62 Street Pond Outlet Structure — Plan View Figure No. 6 — 62 Street Pond Outlet Structure — Cross Section A Figure No. 7 — 62 ❑d Street Pond Outlet Structure — Cross Section B Figure No. 8 — 62 Street Pond; Skimmer Detail Figure No. 9 — Street Layout Figure No. 10 — Open Space Layout Figure No. 11 — Easement/Parcel I.D. Figure No. 12 — Assessment Curve Crest Boulevard — Street & Utility Improvements Page 3 SCOPE This report was completed to determine the feasibility of implementing the North 62 " Street Area Plan for a portion of the Stillwater Annexation Area (See Location Plan — Figure No. 1). The Area Plan was adopted by the Stillwater City Council in October 1998. The plan provides specific guidance for future development of the area and gives direction to developers and the City for land use and densities, traffic and pedestrian circulation, storm water management, and open space. This report analyzes the following: • Options for circulation, storm water management, and open space elements in the North 62 " Street Area • Detailed project costs • Assessments and right -of -way needs • Project scheduling The feasibility report includes the following elements: • The extension of Curve Crest Boulevard west from Stillwater Boulevard (Co. Rd. 5) is feasible and cost effective. Curve Crest Boulevard is designated a Municipal State Aid (MSA) Street as part of Stillwater's Street System. Curve Crest Boulevard is eligible for MSA Funds provided it's constructed to MSA standards. The City has obtained a variance from MSA standards for construction of a 25 MPH curve immediately west of Stillwater Boulevard. The base project provides for constructing Curve Crest Boulevard approximately 400' south of North 62 " Street. An option is included to construct Curve Crest Boulevard 150' south of North 62 " Street. Curve Crest Boulevard — Street & Utility Improvements Page 4 • Utility improvements (sanitary sewer and water main) are included in Curve Crest Boulevard to provide service to abutting property in accordance with Comprehensive Utility Plans for Stillwater. • Storm water improvements are discussed and separated into phases dependent on the timing of development and the resolution of upstream improvements which may impact the design of the storm sewer system proposed herein. Three options are presented for the storm water outfall from North 62n Street Pond to Long Lake. • A plan and cost estimate for development of the Open Space area. • Trailways are included along North 62n Street, Curve Crest Boulevard, and through the proposed Open Space area to Long Lake, which connect planned and existing trails in the Stillwater Expansion Area. • The report includes detailed project costs, identifies needed permits, assessments and easements, describes potential revenue sources to complete the project, and provides a project schedule. Curve Crest Boulevard — Street & Utility Improvements Page 5 MIN — Se 11111111 NO SIMI NEI NIL NMI VMS MIMI MIN MU MI MI all 1 [11, 1.'44411 Mt**. rit/Pir r , I/1 - / j, , \, • _ North 62nd Stree Polid Outfall to Long Lake 1 Trail STI LLWATE R, MN CURVE CREST BOULEVARD EXTENSION Figure 1 -- Location Plan Stillwater Project 97-21 510-98-803 1 ,/ / '1 A I Brewer's Pond Ouffall \ \ North 62nd Street / Pond Expansion " ■it tig ,1100i0SI'd !kf'0 1 1 1111 1 1 ,, ..... ii..__ __ _II G .... .._ Q., / / I ..** N.„." 1 1 Overflow Chann411 1 1 Bonestroo 1 Rosene Anderlik & Associates Engineers & Architects RECOMMENDATIONS It is recommended that: o The feasibility report be reviewed by the City Staff and presented to the City Council at its February 2, 1999 Council Meeting. City Staff will meet with the property owners proposed to be assessed for the Phase I Improvements. If the property owners are agreeable to accept the assessments for Phase I, a public hearing is not required. The proposed project schedule, assuming a public hearing is required, is as follows: Present Feasibility Report February 2, 1999 Public Hearing March 2, 1999 Approve Plans and Specifications April, 1999 Open Bids, Award Contract May, 1999 Substantial Completion September, 1999 Assessment Hearing October, 1999 Final Completion June, 2000 First Payment Due with Real Estate Taxes May, 2001 e The estimated cost for utility and street improvements for each phase is presented in the report and is summarized as follows: Curve Crest Boulevard — Street & Utility Improvements Page 7 Phase I Phase II Phase III Sanitary Sewer /Water Main $199,680 Storm Sewer -Curve Crest Blvd. 61,620 Storm Sewer - North 62 1 ' a Street 301,040 Pond Excavation/Culvert Extension Street/Bituminous Trail 430,690 Street Lights 16,500 North 62nd Street Pond Outfall to Long Lake Option A - 100 -Year Design $408,710 Option B - 25 -Year Design 336,570 Option C - 48" Outfall (9 -yr. Design) 245,600 Open Space $66,410 Brewers Pond Outfall 42,210 Total $1,009,530 NA $106,620 The City review the Phase II Improvements for the outfall pipe to Long Lake in conjunction with the Market Place Storm Water Study (MPSWS) to evaluate which Option is preferred. Options B and C will likely require overland flow improvements which are not included in the estimated cost presented herein. The MPSWS is intended to be completed the end of February. To the extent the Phase II Improvements are included with Phase I will be dependent on the timing of development and determining the preferred Option. The overland flow improvements may offset the cost savings for Options B and C. The Phase III Improvements be coordinated with development. The Open Space Improvements may be included with Phase II or III based on development and City financing. Brewers Pond Outfall will be constructed to benefit development, The City's participation for the Brewers Pond Outfall is unknown, but is estimated at 50% of its cost. Curve Crest Boulevard — Street & Utility Improvements Page 8 • Curve Crest Boulevard be constructed approximately 400' south of North 62n Street based on the following: ▪ Construction adjacent to Stillwater Boulevard would be completed at this time, thus reducing inconvenience to vehicles using Stillwater Boulevard. • The excess cut material generated from this section of Curve Crest Boulevard can be utilized to reduce the common borrow quantity needed for the northerly section. • Completing Curve Crest Boulevard through the horizontal curve is more desirable from an engineering standpoint because it will be more efficient to design and construct. • Road access will be provided to a majority of the vacant property. • The project cost would be reduced approximately $97,170 if Curve Crest Boulevard is constructed 150' south of North 62 Street. • The easements to construct Curve Crest Boulevard (Phase 1) and storm sewers to Long Lake (Phase II) be reviewed with the respective property owners. The improvements proposed herein could be modified to some extent to accommodate future development. The accepted modification would be incorporated into the fmal design. • The grading of Curve Crest Boulevard, the pond excavation for 62n Street Pond and the excavation near the shoreline of Long Lake results in a shortage of good material (estimate 6,900 cubic yards) to construct the improvements. The acquisition of additional material from the land south of North 62 Street shall be reviewed with the property owner. This report assumes the additional material needed to construct the improvements will be acquired offsite as common borrow. • Soil borings be taken to confin ii the quality of material in the 62n Street Pond excavation and in Curve Crest Boulevard to verify the subgrade soil types and finalize the street section design. Curve Crest Boulevard — Street & Utility Improvements Page 9 ® The Market Place Storm Water Study is reviewing stouri water management upstream of Market Place Pond (pond located immediately east of Stillwater Boulevard). The results of the study will assist in finalizing the improvements for the North 62 Street Pond Outfall to Long Lake. o The shoreland improvements at Long Lake (Phase II) where 62n Street Pond and ultimately Brewers Pond will discharge to Long Lake be reviewed with the DNR, Brown's Creek Watershed District and effected property owners. Its anticipated a DNR permit will be required to implement the proposed improvements. ® Assessments are proposed to the benefiting properties for the improvements in Curve Crest Boulevard. The amount proposed to be assessed is $157,216. The City shall review the proposed assessments based on benefit. The City shall also review area charges to future development to help finance oversized costs /non- assessable costs (undeveloped frontage along the east and south side of Curve Crest Boulevard abutting Stillwater Boulevard and TH 36) for this project. • Plans and specifications be prepared in accordance with MSA standards for the improvements in Curve Crest Boulevard. o The City review trunk utility improvements for sanitary sewer and water main to insure they satisfy the needs for future development and existing properties in Stillwater. o The project can best be carried out as one contract for Phase I and II provided the preferred Option for Phase II is resolved in a timely manner Portions of the Open Space improvement for Phase III may also be included with Phase I if they are similar. The Brewers Pond Outfall to Long Lake (Phase III) be constructed by the developer. Curve Crest Boulevard — Street & Utility Improvements Page 10 FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS The project is feasible from an engineering standpoint and is in accordance with Stillwater's Comprehensive Plans for utilities, streets, parks and trails. The project is necessary to allow development west of Stillwater Boulevard and ultimately west to Manning Avenue. The project is cost effective based on existing conditions and acceptable standards proposed to construct the improvements. Curve Crest Boulevard — Street & Utility Improvements Page 11 DISCUSSION A. Sanitary Sewer Sanitary sewer in Curve Crest Boulevard is lateral (8" diameter) and will connect to the existing sanitary sewer in Stillwater Boulevard at Curve Crest Boulevard as shown on Figure No. 2 located at the back of this report. Sanitary sewer in Curve Crest Boulevard will serve the area between Stillwater Boulevard and Long Lake based on its existing size and depth at Stillwater Boulevard. The sanitary sewer will also provide a hook -up for the bank property, located on the east side of Stillwater Boulevard and adjacent to T.H. 36. It will be necessary for the bank to install its own service line under Stillwater Boulevard. Sanitary sewer will ultimately extend to the southwest as future phases of Curve Crest Boulevard are constructed along TH 36. B. Water Main In accordance with Stiliwater's Water Supply and Distribution Plan, it's proposed to construct a 16" diameter water main in Curve Crest Boulevard as shown on Figure No. 3 located at the back of this report. The 16" main will connect to the existing 16" main at the intersection of Stillwater Boulevard and Curve Crest Boulevard. An 8" water main will ultimately extend to the southwest as future phases of Curve Crest Boulevard are constructed along TH 36. A 16" main will be constructed in the improved portion of North 62 Street to provide service to abutting properties and satisfy looping requirements. The required number of valves, fittings, and hydrants are also included. Curve Crest Boulevard is located in the high- pressure zone and will experience residual pressure between 60 and 67 pounds per square inch (psi) and static pressures between 62 and 74 psi. C. Services Individual residential sanitary sewer and water services will not be constructed from the utilities in Curve Crest Boulevard. Its anticipated all residential lots will be served by utilities in adjacent side streets. Curve Crest Boulevard — Street & Utility Improvements Page 12 D. Storm Sewer Storm sewer proposed herein is separated into three phases as presented below: Phase I Stoma Sewer - Curve Crest Boulevard Storm Sewer - North 62n Street Pond Excavation/Curve Crest Blvd. Culvert Extensions Phase II North 62 Street Pond Outfall to Long Lake (3 options) Option A 100 -Year Design Option B 25 -Year Design Option C 48" Outfall (9 -Year Design) Phase III Brewers Pond Outfall Phase I storm sewer improvements are shown on Figure 4, while Phase II and III are shown on Figure 4A. Discussion for each phase are shown below: Phase I Storm Sewer - Curve Crest Boulevard provides for lateral storm sewer in Curve Crest Boulevard collecting street runoff and adjacent surface runoff. The lateral storm sewer will discharge to North 62n Street Pond. North 62n Street Pond excavation provides for grading and expanding North 62n Street Pond on property owned by the City of Stillwater. The Pond will be expanded approximately 1.5 acres for a total surface area of 3.5 acres at its normal water level (NWL). A berm will be constructed along the northwest portion of the pond to increase the available storage. The pond details including its 100 -year high water level (HWL) is as follows: Curve Crest Boulevard — Street & Utility Improvements Page 13 North 62n Street Pond Curve Crest Boulevard culvert extension provides for extending the existing culverts under Stillwater Boulevard to accommodate the construction of Curve Crest Boulevard. The existing culverts (66" and 48" diameter) will be extended to the expanded North 62n Street Pond adjacent to Curve Crest Boulevard. Phase II The Phase II storm sewer improvements provide for the construction of the storm sewer outfall from North 62 Street Pond to Long Lake. The existing outfall includes an overland channel to Long Lake located within an existing 100' wide easement. The existing overland channel near Long Lake is an eroding gully working its way upstream from Long Lake. The upper portion near North 62n Street Pond is lined with cable concrete and is showing signs of failure due to excessive overland flows and damage due to freeze /thaw. The outfall improvements from North 62n Street Pond to Long Lake investigated three options. The three options range from including the 100 -year outflow from North 62n Street Pond to Long Lake in a pipe to a 48" diameter pipe which requires approximately 35% of the 100 -year flow to be conveyed overland. The storm water outfall details for each option are summarized below: Pipe Diameter Pipe Flow Capacity Overland Flow (100 -Year Pipe Capacity) Frequency /Storm Event Percent Chance of Event Occun Each Year North 62n Street Pond - 100 Year HWL Est. Cost (Pipe Improvements only) Curve Crest Boulevard — Street & Utility Improvements Surface Area NWL 3.5 acres Option A 100 -Year Design 60" 220 cfs 0 cfs 5.9" /100 year 1% 905.5 $408,710 HWL NWL 100 -Year 900.5 905.5 Option B 25 -Year Design 54" 185 cfs 35 cfs 4.75 " /25 year 4% 905.5 $336,570 Option C 48" Outfall 48" 140 cfs 80 cfs 4 "/9 year 11% 905.5 $245,600 Page 14 The cost advantage for Options B and C over Option A will be reduced dependent on the extent overland improvements are constructed to satisfy abutting land uses. In addition to the above, the following should also be considered in selecting Option A, B, or C. • Acceptable engineering standards recommend the pond outflows be designed for a 100 - year event whether in a pipe or overland. • Overland flow design may be as costly as pipe design dependent on acceptable design standards. • Flow velocities in open channels during large events may be hazardous. • Aesthetics associated with overland flow improvements may be unsightly in visible /developed/open areas. • On -going maintenance in open channels is typically greater dependent on the quality of overland improvements that are constructed when compared to pipe. • Pedestrian and road/driveway crossings through overland channel areas should be planned and designed to account for estimated storm water flow. • Overland channels encumber land which may be utilized for better uses. In the case of this project, the overland channel area could be used to satisfy ponding required of the developer. The proposed outlet structure design for North 62n Street Pond is shown on Figures 5, 6, and 7, based on a 100 -year design outflow. An optional outlet structure design (cap skimmer) is shown on Figure No. 8 and is less costly. The disadvantage of the cap skimmer design is that maintenance may be more difficult if it is plugged and submerged during a large storm event. The proposed discharge at Long Lake for each option provides for a series of transition pipe sections increasing in size to reduce flow velocities and dissipate the energy in the pipe. In Curve Crest Boulevard — Street & Utility Improvements Page 15 addition, a small shallow bay is proposed to be dredged from Long Lake to the pipe discharge. The shallow bay excavation will satisfy the following: • Sediments will settle out before entering Long Lake. • Pipe discharge will be screened from Long Lake and allow construction to occur in an area with adequate cover over the pipe. • Pipe will be constructed on better soil away from lake. The pipe discharge at Long Lake shall be constructed at an elevation to account for the ultimate water level in Long Lake. Presently it's anticipated the existing lake level will be lowered from approximately 890 to 889. Phase III Brewers Pond is presently land locked and has no outlet pipe to Long Lake. The outlet pipe would be constructed at an alignment that conforms with development. Therefore, it is assumed Brewers Pond outlet pipe will be constructed when development occurs. The design details for Brewers Pond and the Department of Natural Resources (DNR) Ordinary High Water Level (OHW) are as follows: Brewers Pond DNR Design HWL Pipe Outflow OHW NWL 100 -Year Diameter 891 891.5 892.5 12" E. Streets Curve Crest Boulevard is designated a neighborhood collector and a Municipal State Aid (MSA) Street in Stillwater. Therefore, Curve Crest Boulevard will be constructed to MSA Standards and City of Stillwater Standards for a neighborhood collector. It's proposed to construct Curve Crest Boulevard to a 36' width and a 25 MPH design speed immediately west of Stillwater Boulevard as shown on Figure No. 9 located at the back of this report. The City has obtained a variance from the Curve Crest Boulevard — Street & Utility Improvements Page 16 MSA office for the 25 MPH design speed. The remainder of Curve Crest Boulevard would be constructed a 30 MPH design speed as it extends west to Manning Avenue. The 36' width will provide one 18' wide driving lane in each direction and be posted no parking. The roadway will be striped in the center. The typical section for Curve Crest Boulevard based on 4600 vehicles a day (ADT), an estimated R -value for the sub -grade soil of 20 and a 2 percent growth factor after development requires a granular equivalency (GE) of 23.4. The proposed typical section is summarized below: Granular Thickness Equivalency Class 5, 100% crushed 12" 12 Bituminous Base 4" 8 Bituminous Wear 1 ' /�" 3.4 Total 23.4 F. Street Lights Streetlights are proposed to be constructed at 4 locations. G. Bituminous Trail An 8' wide bituminous trail is proposed along the west side of Curve Crest Boulevard allowing for an 8' wide boulevard between trail and curb, as shown on Figure No. 8 located at the back of this report. It's also proposed to incorporate a trail along the north side of North 62 Street as it extends west from Curve Crest Boulevard to the proposed trail through the Open Space area, west of the expanded 62n Street Pond. H. Open Space The Concept Plan for the North 62 ° Street Area identifies an Open Space area south of the storm water overflow channel and adjacent to Long Lake. This study includes a plan for development of this area (see Figure No. 10 located at the back of this report). Curve Crest Boulevard — Street & Utility Improvements Page 17 The plan assumes that the City will acquire approximately 2 acres of open space, through park dedication or purchase, in addition to the easement area it holds on the storm water channel. The open space area is designed to accommodate passive recreation, such as hiking and picnicking, provide pedestrian access to Long Lake, and act as a natural buffer for the residences to the south. The open space area includes trails that connect North 62n Street to Long Lake and to Nightengale Boulevard. An 8' wide bituminous trail is proposed between North 62n Street and Nightengale Boulevard. The connection to Long Lake is a mowed, nature trail (grass or wood chips). The trail parallels the storm water overflow channel. The developer will be required to provide a pedestrian trail connection from the open space area to the trail that parallels Curve Crest Boulevard. Due to the site conditions its suggested that the developer's storm water ponds should be located to the east of Nightengale Boulevard and north of the Open Space area. The berm that is created as a part of pond development would include the trail from Nightengale Boulevard south to the Open Space area. A 50' wide border of tall native wildflowers and grasses is proposed between the channel and the trail. The overflow channel should be planted with red -twig dogwood in the area where existing concrete is removed and the channel is reshaped. The remaining 2 acres of the Open Space area south of the drainage easement should be burned and seeded with a short-grass prairie and wildflower mix. Trails may be mown or wood chips added as the City chooses. Wood chips will be available from site clearing activities. Groups of native trees such as oaks and aspens, and tall shrubs such as grey dogwood and viburnums are suggested as buffers along the north and south borders of the Open Space. One or two picnic tables or benches may be added at the trail terminus on Long Lake. The trail continues along a lakeshore easement through the existing woods along the lake. This woodland should remain untouched as a part of the Open Space. Curve Crest Boulevard — Street & Utility Improvements Page 18 EASEMENTS /PERMITS Permanent and temporary easements are shown on Figure No. 11 located at the back of this report and are required to constntction the following: • Curve Crest Boulevard • Stillwater Boulevard to North 62n Street • South of North 62 ❑ Street approximately 410' • 62 "d Street Pond Outlet Pipe to Long Lake • Brewers Pond Outlet Pipe to Long Lake • Open Space — East of Long Lake (south of existing stormwater easement) An existing 100' wide stoini water easement presently exists between 62 11d Street Pond and Long Lake. Summarized below is the estimated permanent easement needed from each parcel for each improvement. The easement for the 62 11d Street Pond outlet pipe and Brewers Pond outlet pipe is based on the trunk storm sewer alignment shown on Figure 4. It's also assumed the existing 100' wide stormwater easement will be maintained as an overland drainage route until development occurs. Modifications could be made dependant on the type of development. Permanent Easement Curve Crest North 62 " Street Open Parcel Description Boulevard Pond Outfall Space 31- 030 -20 -41 -0001 59,000 SF 31- 030 -20 -43 -0007 49,000 SF 31- 030 -20 -41 -0003 24,000 SF' 86,000 SF 31 -030 -20 -41 -0005 Easement would not be required if Open Space as proposed for Option 1 is acquired. 2 Assumes Option 1 for Open Space Permits are required from the MPCA, MCES, Minnesota Health Department, Washington County, MPDES. Long Lake is a DNR protected wetland. Therefore, the construction of the improvements at Long Lake and Brewers Pond will require a permit from the DNR. Curve Crest Boulevard — Street & Utility Improvements Page 19 COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report which is also summarized below for each Phase. The cost reduction column estimates the reduced cost if Curve Crest Boulevard is constructed approximately 150' south of North 62 Street as opposed to 400' south as proposed. The total estimated project cost for Phase I is $1,009,530 which includes 10% contingencies and 25% for indirect costs. Indirect costs include administrative, engineering, construction interest, and legal expenses. For purposes of this report, its assumed easements will be acquired for no cost. If Curve Crest Boulevard is shortened approximately 250' the reduction in cost is estimated at $97,170.00. Cost Reduction Project Curve Crest South of Cost 62° Street Phase I A) Sanitary Sewer $71,300 ($16,500) B) Water Main 128,380 (15,240) C) Storm Sewer - 61,620 Curve Crest Blvd. D) Storm Sewer - North 62n 301,040 St. Pond Excavation - Curve Crest Boulevard Culvert Extension E) Street 411,370 (62,400) F. Street Lights 16,500 G) Bituminous Trail 19,320 (3,030) Total Phase I $1,009,530 ($97,170) Curve Crest Boulevard — Street & Utility Improvements Page 20 Phase II North 62" St. Pond Outfall to Long Lake Option A - 100 -Year Design Option B - 250Year Design Option C - 48" Outfall (9 -Year Design) Project Cost $408,710 336,570 245,600 Phase III Project Cost A) Open Space $66,410 B) Storm Sewer - Brewers $42,210 Pond Outfall Total $106,620 The estimated project cost for Phase II for Options A, B, Outfall to Long Lake also includes a cost reduction if a cap in lieu of a conventional outlet structure. The estimated which includes Open Space and Brewers Pond Outfall. Curve Crest Boulevard — Street & Utility Improvements Cost Reduction Cap Skimmer ($20,000) ($16,500) ($18,000) and C for the North 62 Street Pond skimmer outlet structure is constructed project cost for Phase III is $106,620 Page 21 AREAS TO BE INCLUDED Parcels proposed to be assessed are as follows: Parcel 31-030-20-41-0001 Parcel 31-030-20-43-0007 Parcels effected by the construction but not proposed to be assessed are as follows: Parcel 31- 030 -20 -41 -0003 Parcel 31- 030 -20 -41 -0005 Parcel 31- 030 -20 -44 -0001 Curve Crest Boulevard — Street & Utility Improvements Page 22 ASSESSMENTS Assessments are proposed to be levied against the benefiting property for the Phase I Improvements and are presented in Appendix B located at the back of this report. The residential equivalent cost for sanitary sewer, water main, and street (32' and 36' wide equivalent) in Curve Crest Boulevard is presented in Appendix C. The cost to be assessed for lateral storm sewer in Curve Crest Boulevard is the same as presented in Appendix A. The estimated residential equivalent cost for sanitary sewer, water main, storm sewer, and street (32' wide) is proposed to be assessed on a front foot basis to the one benefiting property north of 62 Street as shown on Figure No. 12. The front footage on the easterly side of Curve Crest Boulevard (abutting Stillwater Boulevard) and the west side abutting North 62n Street Pond is not proposed to be assessed and will be financed by the City of Stillwater. The estimated residential equivalent rate for each improvement is summarized below: Residentkkp Equivalent Rate/FF Sanitary Sewer $30.00 Water Main 25.00 Lateral Storm Sewer 23.70 Street 64.00 It is proposed the one property south of 62n Street (Parcel 31-030-20-43-0007) be assessed for the full cost of sanitary sewer ($23,380) and water main ($23,470) south of North 62 Street because these utilities are only for the benefit of this property. The cost for lateral storm sewer would be assessed on a front foot basis ($21.30/FF) the same as north of North 62 Street while the street cost south of North 62n Street would be assessed on a front foot basis based on a 36' wide equivalent street ($80.00/FF). The construction of Brewers Pond outfall pipe is proposed to occur with the construction of utilities serving the approved development. The cost sharing between the City and Developer will be finalized with the approved development and will likely be split equally (50/50). Curve Crest Boulevard — Street & Utility Improvements Page 23 The oversize cost for sanitary sewer, water main, trunk storm sewer (Phase I, II, and III), and street will be financed by the City of Stillwater. Project costs associated with streetlights, bituminous trail, and open space improvements will also be financed by the City of Stillwater. Curve Crest Boulevard — Street & Utility Improvements Page 24 REVENUE SOURCES Revenue to cover the cost of the Phase I Project is as follows: Project Revenue Balance Cost A. Sanitary Sewer Trunk $71,300 Lateral Assessment $38,080 $71,300 $38,080 $33,220 B. Water Main Trunk $128,380 Lateral Assessment $35,720 $128,380 $35,720 $92,660 C. Storm Sewer Curve Crest Blvd. $61,620 North 62 St. Pond Exc./ Culvert Extension 301,040 Lateral Assessment 20,856 $362,660 $20,856 $341,804 D. Street/Street Lights /Trail Street $411,370 Street Lights 16,500 Bituminous Trail 19,320 Street Assessment 62,560 $447,190 62,560 $384,630 The balance not assessed for sanitary sewer, water main, and storm sewer (Phase I, II, and III) will be financed through area charges as new development occurs in the newly annexed areas to Stillwater and Tax Increment Financing (TIF). The balance for street and lateral storm sewer will be financed by Municipal State Aid (MSA) Funds. The estimated cost eligible for MSA Funding is approximately $750,000, which includes construction cost plus 18% indirect costs for engineering. Construction costs eligible for MSA Funds is assumed to include all lateral/trunk storm sewer and street improvements in Curve Crest Boulevard. The Open Space Improvements $66,410 will be financed by the City of Stillwater. Curve Crest Boulevard — Street & Utility Improvements Page 25 PROJECT SCHEDULE Present Feasibility Report February 2, 1999 Public Hearing (if required) March 2, 1999 Approve Plans and Specifications April 1999 Open Bids, Award Contract May 1999 Substantial Completion September 1999 Assessment Hearing October 1999 Final Completion June 2000 First Payment Due with Real Estate Taxes May 2001 The Phase II Improvements for the North 62 Street Pond Outfall to Long Lake may be included in the above schedule if the preferred option is resolved in a timely manner. The Phase III Improvements for Open Space may also be included. However, the Brewers Pond Outfall would be constructed in conjunction with development. Curve Crest Boulevard — Street & Utility Improvements Page 26 1 1 I PHASE - I I A. Sanitary Sewer North of North 62nd Street 1 1 1 1 1 South of North 62nd Street 1 1 1 1 1 1 1 1 1 APPENDIX A PRELIMINARY COST ESTIMATE CURVE CREST BOULEVARD STREET AND UTILITY IMPROVEMENTS City Project No. 97 -21 540 LF 8" PVC, SDR 35, 8 -10 ft dp @ $23.00 /If $ 12,420.00 380 LF 8" PVC, SDR 35, 10 -12 ft dp @ $25.00/If 9,500.00 6 EA Std. 4' dia. MH w/ cstg @ $1,300 /ea 7,800.00 1 EA Connect to ex. MH @ $500.00 /ea 500.00 20 LF Manhole depth greater than 8" dp @ $90.00 /If 1,800.00 460 LF Rock stabilization below pipe @ $2.00 /If 920.00 920 LF Mechanical trench comp. @ $1.00 /If 920.00 1 EA Reconstruct EX MH @ $1,000 /ea 1,000.00 Subtotal $ 34,860.00 +10% Contingencies 3,480.00 $ 38,340.00 +25% Indirect Costs 9,580.00 Total Sanitary Sewer $ 47,920.00 450 LF 8" PVC SDR 35 10 -12 ft @ $25.00 /If $ 11,250.00 3 EA 4' dia MH @ $1,300 /ea 3,900.00 12 LF Manhole depth greather than 3' @ $90.00/If 1,080.00 165 LF Rock stabilization @ $2.00 /If 330.00 450 LF Mechanical trench comp. @ $1.00 /If 450.00 Subtotal $ 17,010.00 +10% Contingencies 1,700.00 $ 18,710.00 +25% Indirect Costs 4,670.00 Total Sanitary Sewer $ 23,380.00 Sanitary Sewer Reduction (260') 260 LF 10" PVC, SDR 35, 10 -12 ft dp @ $25.00/If $ 6,500.00 3 EA Std. 4' dia. MH w/ cstg @ $1,300 /ea 3,900.00 12 LF Manhole depth greater than 8' dp @ $90.00 /If 1,080.00 130 LF Rock stabilization below pipe @ $2.00 /If 260.00 260 LF Mechanical trench comp. @ $1.00 /If 260.00 Subtotal $ 12,000.00 +10% Contingencies 1,200.00 $ 13,200.00 +25% Indirect Costs 3,300.00 Total Sanitary Sewer Reduction $ 16,500.00 11 B. Water Main North of North 62nd Street 60 LF 6" DIP water main @ $15.00/If $ 900.00 1200 LF 16" DIP water main @ $35.00 /If 42,000.00 4 EA 6" G.V. & box @ $500.00/ea 2,000.00 2 EA 16" B.V. & box @ $2,000 /ea 4,000.00 4 EA Hydrant @ $1,500.00 /ea 6,000.00 1 EA Connect to ex. 16" DIP @ $500.00 /ea 500.00 425 LF Rock stabilization below pipe @ $2.00 /if 850.00 890 LF Mechanical trench comp. @ $1.00 /If 850.00 6400 LBS Fittings © $3.00 /Ib 19,200.00 Subtotal $ 76,300.00 +10% Contingencies 7,630.00 $ 83,930.00 +25% Indirect Costs 20,980.00 Total Water Main $ 104,910.00 South of North 62nd Street 30 LF 6" DIP @ $15.00 /If $ 450.00 410 LF 8" DIP @ $20.00 /If 8,200.00 2 EA 6" GIV @$500.00 /ea 1,000.00 2 EA 8" GV @ $600.00 /ea 1,200.00 2 EA HYD @ $1,500 /ea 3,000.00 205 LF Rock stabilization below pipe @ $2.00 /If 410.00 410 LF Mechanical trench comp. @ $1.00 /If 410.00 800 LBS Fittings @ $3.00 /Ib 2,400.00 Subtotal $ 17,070.00 +10% Contingencies 1,710.00 $ 18,780.00 +25% Indirect Costs 4,690.00 Total Water Main $ 23,470.00 / Water Main Reduction (260') 20 LF 6" DIP water main @ $15.00 /If $ 300.00 260 LF 8" DIP water main @ $20.00 /If 5,200.00 1 EA 6" G.V. & box @ $500.00 /ea 500.00 1 EA 8 "G.V. & box @ $600 /ea 600.00 1 EA Hydrant @ $1,500 /ea 1,500.00 580 LB Fittings @ $3.00 /If 1,740.00 130 LF Rock stabilization below pipe @ $2.00 /If 260.00 260 LF Mechanical trench comp. @ $1.00 /If 260.00 Subtotal $ 10,360.00 +10% Contingencies 1,030.00 $ 11,390.00 +25% Indirect Costs 3,850.00 Total Water Main Reduction $ 15,240.00 I C. Storm Sewer - Curve Crest Boulevard 390 LF 12" RCP, Cl. 5 @ $20.00/if $ 7,800.00 500 LF 15" RCP, Cl. 5 @ $22.00/If 11,000.00 160 LF 18" RCP, Cl. 5 @ $24.00/If 3,840.00 5 EA 2' x 3' CB w/ cstg @ $900.00/ea 4,500.00 8 EA Std. 4" dia. CBMH w/ cstg @ $1,200/ea 9,600.00 2 EA 12" flared end section @ $500.00/ea 1,000.00 2 EA 18" flared end section @ $800.00/ea 1,600.00 40 CY Rip rap @ $70.00/CY 2,800.00 490 LF Improved pipe foundation @ $2.00/If 980.00 1050 LF Mech. Trench comp. @ $1.00/If 1,050.00 330 LF Silt fence @ $2.00/If 660.00 1 1 1 1 1 I D. Storm Sewer - North 62nd Street Pond Excavation/ Curve Crest Boulevard Culvert Extensions 1 LS Clear & Grub @ $3,000.00 $ 3,000.00 110 CY Remove & Dispose of Ex. Cable Concrete @ $26.00/cy 2,860.00 1 EA Remove & Reinstall 48" FES @ $2,000.00/ea 2,000.00 1 EA Remove & Reinstall 66" FES @ $2,000.00/ea 2,000.00 100 LF 48" RCP, Class 5, 10-12'deep @ $ 110.00/If 11,000.00 2 EA 66" RCP, Class 5, 10-12'deep @ $ 220.0u; 22,000.00 220 CY Rip rap, Class 3 @ $65.00/cy 14,300.00 20680 CY Pond Excavation @ $6.00/cy 124,080.00 1950 CY Fill for Embankment @ $16.00/cy 31,200.00 1 2.5 AC Seed w/ Mulch and Fertilizer @ $2,600.00/ac 6,500.00 Subtotal $ 218,940.00 +10% Contingencies 21,890.00 $ 240,830.00 +25% Indirect Costs 60,210.00 Total Storm Sewer $ 301,040.00 1 1 1 1 1 1 Subtotal $ 44,830.00 +10% Contingencies 4,500.00 $ 49,330.00 +25% Indirect Costs 12,290.00 Total Lateral Storm Sewer $ 61,620.00 j E. Street- Curve Crest Boulevard /North 62nd Street I 130 LF Saw cut bituminous @ $2.00 /If $ 260.00 65 LF Remove concrete curb & gutter @ $2.00 /If 130.00 1140 SY Remove bituminous pavement @ $1.00 /sy 1,140.00 I 1 LS Clear and grub @ $8,000 /Is 8,000.00 3650 LF B618 Concrete curb & gutter @ $7.00 /If 25,550.00 120 SY Concrete median @ $3.50/sy 420.00 I 560 CY Topsoil borrow @ $8.00/cy 4,480.00 5000 CY Subgrade excavation @ $5.00/cy 25,000.00 9800 CY Common excavation @ $4.00 /cy 39,200.00 I 6870 CY Common borrow © $6.00 /cy 41,220.00 1900 CY Select granular borrow @ $5.00/cy 9,500.00 I 4800 TN Cl. 5, Ag. Base 100% crushed @ $8.00 /ton 38,400.00 810 TN 2331 Bit. Base course @ $27.00/ton 21,870.00 640 TN 2331 Bit. Binder course @ $27.00 /ton 17,280.00 I 610 TN 2341 Bit. Wear course @ $29.00 /ton 17,690.00 570 GL Bit. Material for tack coat @ $2.00 /gal 1,140.00 20 EA Structure adjustments @ $150.00 /ea 3,000.00 I 13 EA Storm sewer inlet protection @ $100.00/ea 1,300.00 1300 LF Striping @ $2.40/If 3,120.00 120 SY Signing @ $23.00 /sy 2,760.00 I 1 LS Signal modification @ $30,000 /If 30,000.00 3860 SY Sod w/ mulch and fert @ $2.00 /sy 7,720.00 I Subtotal $ 299,180.00 +10% Contingencies 29,920.00 $ 329,100.00 1 +25% Indirect Costs 82,270.00 Total Street $ 411,370.00 Street Reduction (260)-Curve Crest Boulevard south of North 62nd Street t 1 1 1 1 1 1 LS Clear and grub @ $4,000 /Is $ 4,000.00 520 LF B618 Concrete curb & gutter @ $7.00 /if 3,640.00 3750 CY Common excavation @ $4.00 /cy 15,000.00 20 CY Common borrow @ $6.00 /cy 120.00 400 CY Select granular borrow @ $5.00 /cy 2,000.00 840 TN CI. 5, Ag. Base, 100% crushed @ $8.00 /tn 6,720.00 140 TN 2331 Bit. Base course @ $27.00 /ton 3,780.00 140 TN 2331 Bit. Binder course @ $27.00 /ton 3,780.00 110 TN 2341 Bit. Wear course @ $29.00 /ton 3,190.00 110 GL Bit. Material for tack coat @ $2.00 /gal 220.00 3 EA Structure adjustments @ $150.00 /ea 450.00 2 EA Storm sewer inlet protection @ $100.00 /ea 200.00 260 LF Striping @ $3.00 /If 780.00 750 SY Sod w/ mulch and fert @ $2.00 /sy 1,500.00 Subtotal $ 45,380.00 +10% Contingencies 4,540.00 $ 49,920.00 +25% Indirect Costs 12,480.00 Total Street Reduction $ 62,400.00 I F. Street Lights 4 EA Street lights @ $3,000/ea 1 I G. Bituminous Trail 1 1 Bituminous Trail Reduction 1 1 1 1 1 1 1 1 1 1820 SY Sub-grade preparation @ $2.00/sy $ 3,640.00 600 Ton CI 5, Ag. Base, 100% crushed @ $8.00/ton 4,800.00 200 Ton Bituminous trail (2" thick) @ $28.00/ton 5,600.00 300 SY Sub-grade preparation @ $2.00/sy 600.00 95 Ton CI 5, Ag. Base, 100% crushed @ $8.00/ton 760.00 30 Ton Bituminous trail (2" thick) @ $28.00/ton 840.00 Subtotal $ 2,200.00 +10% Contingencies 220.00 $ 2,420.00 +25% Indirect Costs 610.00 Total Bituminous Trail Reduction $ 3,030.00 $ 12,000.00 Subtotal $ 12,000.00 +10% Contingencies 1,200.00 $ 13,200.00 +25% Indirect Costs 3,300.00 Total Street Lights $ 16,500.00 Subtotal $ 14,040.00 +10% Contingencies 1,410.00 $ 15,450.00 +25% Indirect Costs 3,870.00 Total Bituminous Trail $ 19,320.00 PHASE -11 North 62nd Street Pond Outfall to Long Lake Option A -100 year design 1 LS Mobilization @ $9,600 /Is $ 9,600.00 1 LS Dewatering permits @ $2,000 /If 2,000.00 1 LS Clear and grub @ $2,000 /Is 2,000.00 220 CY Remove & dispose of cable crete @ $26.00 /cy 5,720.00 520 LF 60" RCP, CI 5, 0 -8' dp @ $146.00/if 75,920.00 130 LF 60" RCP, CI 5, 8 -10' dp @ $154.00/If 20,020.00 260 LF 60" RCP, CI 5, 10 -12' dp @ $160.00/If 41,600.00 1 EA 84" Arch flared end © $3,500 /ea 3,500.00 24 EA 60" LR bend, CI 4 © $1,320/ea 31,680.00 1 EA 60" x 66" Inc. CI 4 @ $1,900 /ea 1,900.00 1 EA 66" x 72" Inc. CI 4 @ $2,200 /ea 2,200.00 1 EA 72" x 78" Inc. CI 4 @ $2,400 /ea 2,400.00 1 EAA 78" x 84" Inc. CI 4 @ $2,500 /ea 2,500.00 1 EA 84" x 84" Arch Tran @ $5,410 /ea 5,410.00 3 EA 48" on 5' Tee MH w /cstg @ $3,400 /ea 10,200.00 1 EA Outlet Skimmer Pond (L106) @ $35,000 /ea(1) 35,000.00 1270 LF Improved pipe foundation @ $1.20/If 1,524.00 495 CY Rip rap Cl. 3 @ $65.00/cy 32,175.00 740 LF Silt fence © $3.00 /If 2,220.00 50 EA Willow transplants @ $20.00/ea 1,000.00 1.8 AC Seed w/ mulch and fertilizer @ $2,600.00 /ac 4,680.00 200 CY Topsoil borrow @ $8.00 /cy 1,600.00 0.3 .AC Wetland planting @ $8,000.00 /ac 2,400.00 Subtotal $ 297,249.00 +10% Contingencies 29,721.00 $ 326,970.00 +25% Indirect Costs 81,740.00 Total Storm Sewer $ 408,710.00 (1) - Cap Skimmer Alternate approximately $15,000, cost savings $20,000. lion C -48" Outfall (9 year design) 1 LS Mobilization @ $9,600 /Is $ 9,600.00 1 LS Dewatering permits @ $2,000 /If 2,000.00 1 LS Clear and grub @ $2,000 /Is 2,000.00 220 CY Remove & dispose of cable crete @ $26.00/cy 5,720.00 520 LF 48" RCP, CI 5, 0 -8' dp @ $93.00/If 48,360.00 130 LF 48" RCP, CI 5, 8 -10' dp @ $98.00 /if 12,740.00 260 LF 48" RCP, CI 5, 10 -12' dp @ $102.00 /If 26,520.00 1 EA 60" Arch flared end @ $1,500 /ea 1,500.00 24 EA 48" LR bend, CI 4 @ $760 /ea 18,240.00 1 EA 48" x 54" Inc. CI 4 @ $1,117/ea 1,170.00 1 EA 54" x 60" Inc. CI 4 @ $1,776/ea 1,776.00 1 EA 60" x 60" Arch Tran @ $3,220/ea 3,220.00 3 EA 48" on 5' Tee MH w /cstg @ $3,400 /ea 10,200.00 1 EA Outlet Skimmer Pond (L106) @ $25,000 /ea(3) 25,000.00 1270 LF Improved pipe foundation @ $1.20 /If 1,524.00 65 CY Rip rap Cl. 3 @ $65.00/cy 4,225.00 740 LF Silt fence @ $3.00 /If 2,220.00 1 AC Seed w/ mulch and fertilizer @ $2,600.00 /ac 2,600.00 Subtotal $ 178,615.00 +10% Contingencies 17,865.00 $ 196,480.00 +25% Indirect Costs 49,120.00 Total Storm Sewer $ 245,600.00 (3) Cap Skimmer Alternate approximately $7,000, cost savings $18,000. PHASE - 111 A. Open Space 1 AC 3 AC 110 LF 2 EA 1450 SY 550 200 1 15 3 11 1 380 710 2 LF LF EA CY EA LF EA LF LF AC Channel plantings @ $4,800 /ac Prairie meadow restoration @ $4,700 /ac Buffer planting @ $100.00 /If Picnic tables @ $500.00 /ea 8' bituminous trail @ $12.00/sy B. Storm Sewer - Brewers Pond Outfall 12" RCP @ $20.00 /If 24" RCP @ $25.00 /If 24" FES @ $ 1,200.00 /ea Cl. 2 Rip Rap @ $50.00 /cy 4' DIA Manhole @ $1,700.00/ea Manhole depth greater than 8'dp @ $90.00 /If Inside drop @ $1,500.00/ea Rock stabilization below pipe @ $2.00 /If Silt fence @ $3.00 /If Seed /mulch @ $1,000.00 /ac $ 4,800.00 14,100.00 11,000.00 1,000.00 17,400.00 Subtotal $ 48,300.00 4,830.00 $ 53,130.00 13,280.00 Total Open Space $ 66,410.00 +10% Contingencies +25% Indirect Costs $ 11,000.00 5,000.00 1,200.00 750.00 $ 5,100.00 990.00 1,500.00 760.00 2,130.00 2,000.00 Subtotal $ 30,430.00 3,140.00 $ 33,570.00 8,640.00 Total Open Space $ 42,210.00 +10% Contingencies +25% Indirect Costs A. Sanitary Sewer D. Street (1) - 32' Wide Equivalent Street (2) - 36' Wide Equivalent Street APPENDIX B PRELIMINARY ASSESSMENT ROLL CURVE CREST BOULEVARD STREET AND UTILITY IMPROVEMENTS City Project No. 97 -21 Parcel Assessable Rate /FF Total Description Front Footage Assessment (FF) 31- 030 -20 -41 -0001 490 $30.00 $ 14,700.00 31- 030 -20 -43 -0007 LS 23,380.00 Total $ 38,080.00 B. Water Main - Residential Equivalent 31- 030 -20 -41 -0001 490 $25.00 $ 12,250.00 31- 030 -20 -43 -0007 LS 23,470.00 Total $ 35,720.00 C. Storm Sewer -Curve Crest Boulevard 31- 030 -20 -41 -0001 490 $23.70 $ 11,613.00 31- 030 -20 -43 -0007 390 $23.70 9,243.00 Total $ 20,856.00 31- 030 -20 -41 -0001 490(1) $64.00 $ 31,360.00 31- 030 -20-43 -0007 390(2) $80.00 31,200.00 Total $ 62,560.00 N I t III MN I NM M O MB Mt M 1111. 11111 MO M N- I Parcel Description 31- 030 -20-41 -0001 31- 030 -20 -43 -0007 Total SUMMARY PRELIMINARY ASSESSMENT ROLL CURVE CREST BOULEVARD STREET AND UTILITY IMPROVEMENTS City Project No. 97 -21 Sanitary Sewer $ 14,700.00 23,380.00 $ 38,080.00 Water Main $ 12,250.00 23,470.00 $ 35,720.00 Storm Sewer Street Curve Crest Total $ 11,613.00 $ 31,360.00 $ 69,923.00 9,243.00 31,200.00 87,293.00 $ 20,856.00 $ 62,560.00 $ 157,216.00 :-.:' D. Street (36° wide equivalent; 1300 LF, $80.00/FF) 9250 CY 300 CY 4000 TN 1300 TN 500 TN 550 GL 2630 LF 20 EA 13 EA 3000 SY 4500 CY 300 CY 3500 TN 1170 TN 440 TN 230 GL 2630 LF 20 EA 13 EA 3000 SY Common excavation @ $4.00 /cy Topsoil borrow @ $8.00/cy Cl. 5 agg. base, 100% crushed @ $8.00 /tn 2331 bituminous base course @ $27.00 /tn 2341 bituminous wear course @ $29.00 /tn Bituminous material for tack coat @ $3.00 /gl B618 Concrete curb @ $7.00 /If Structure adjustment @ $150.00 /ea Storm inlet protection @ $100.00 /ea Sod/ mulch and borrow @ $2.00 /sy Subtotal +10% Contingencies +25% Indirect Costs Total Equivalent Streets E. Street (Residential 32' wide equivalent; 1,300 LF, $64.00/ff) Common excavation @ $4.00 /cy Topsoil borrow @ $8.00 /cy Cl. 5 agg. base, 100% crushed @ $8.00 /tn 2331 bituminous base course @ $27.00 /tn 2341 bituminous wear course @ $29.00 /tn Bituminous material for tack coat @ $3.00 /g1 B618 Concrete curb @ $7.00 /1f Structure adjustment @ $150.00/ea Storm inlet protection @ $100.00 /ea Sod/ mulch and borrow @ $2.00 /sy Subtotal +10% Contingencies +25% Indirect Costs Total Equivalent Streets $ $ 37,000.00 2,400.00 32,000.00 35,100.00 14,500.00 1,650.00 18,410.00 3,000.00 1,300.00 6,000.00 151,360.00 15,130.00 166,490.00 41,620.00 208,110.00 18,000.00 2,400.00 28,000.00 31,590.00 12,760.00 690.00 18,410.00 3,000.00 1,300.00 6,000.00 122,150.00 12,210.00 134,360.00 33,590.00 167,950.00 APPENDIX C RESIDENTIAL EQUIVALENT COSTS CURVE CREST BOULEVARD STREET AND UTILITY IMPROVEMENTS City Project No. 97 -21 A. Residential Sanitary Sewer (8" Equivalent; 1300 LF; $30.00 /FF) 1400 LF 8" PVC Sanitary Sewer (8 -10' dp) @ $29.00 /If $ 40,600.00 8 EA Std. 4' dia. MH w/ cstg @ $1,400 /ea 11,200.00 16 LF MH depth greater than 8' dp @ $100.00 /If 1,600.00 1 EA Connect to ex. MH @ $700.00 /ea 700.00 1400 LF Mechanical trench comp. @ $2.00 /If 2,800.00 Subtotal $ 56,900.00 +10% Contingencies 5,690.00 $ 62,590.00 +25% Indirect Costs 15,650.00 Total Sanitary Sewer $ 78,240.00 B. Residential Water Main (6" Equivalent, 1300 LF; $25.00/FF) 1400 LF 6" DIP water main @ $18.00 /If $ 25,200.00 3 EA 6" G.V. & box @ $600.00 /ea 1,800.00 5 EA Hydrant @ $1,700 /ea 8,500.00 3000 LB Fittings @ $3.00 /Ib 9,000.00 1400 LF Mechanical trench comp. @ $2.00 /If 2,800.00 Subtotal $ 47,300.00 +10% Contingencies 4,730.00 $ 52,030.00 +25% Indirect Costs 13,000.00 Total Water Main $ 65,030.00 C. Storm Sewer - Curve Crest Boulevard (1300 LF; $23.70/FF) Total (Appendix A Part C) $ 61,620.00 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 II - - - NORTH STR • / • 7/, / /„, / / /// / / " / / ,"// SANITARY SEWER LAYOUT STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97-21 51098800r02,dwa 1-11-99 12/16:49 Dm SEWER SERVICE TO BANK (BY OTHERS) I I c) ° coo 0 0 FIGURE NO. 2 510-98-800 ;I/ ;4'.: P7' t 7 :7/ -7/ / fi / ea CONNECT TO EXISTING 107' SANITARY SEWER' REST BLVD 40 20 0 40 l!!! 1 _6 - 1 111.1.1111.11.111111 i Bonestroo Rosene • Anderlik & Associates Engineers & Architects - - NORTH 62ND STREET -Tr 0 f 16" WATER MAIN WATER MAIN LAYOUT 16" WATER MAIN L. - / // / // ';;/ / A / „,;;/ // / / / e_ STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97-21 1 nnoonn-nz 1 1 1 nn 1 n.1 LZ.1 0 L. I / / -' / / 7 7- ? / / //" / // ., 0 °/' / / / /;' • . ! ,,,/ 1 ._ ''' / / a1 0 00_ 000 / FIGURE NO. 3 ,/. .7" / 0 • 1 7 CRE-Sr BLVD / CONNECT TO /EXISTING 16' WATE 40 20 0 40 *wk., n .11 .1 .111 {111 Bonestroo Rosene vi Anderlik & Associates Engineers & Architects 1 1 1 1 1 LONG LAKE 4.163) 1 1 1 1 1 1 1 1 1 1 1 ----- STORM CURVE REST BOULEV NORTi-ND STREET STORM SEWER CURVE CREST BOULEV .,••••• • • , - - STORM SEWER LAYOUT— PHASE 1 STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97-21 51098800r04.dwo 1-14-99 4:20:54 or BREWER'S POND (-105) art 4 ( Z- 2 •; -- • • -- --- - • POND EXP FIGURE NO. 4 510-98--800 / ; -V • 4 MARKET PLACE POND cut_vErfr , EXTENSIONS (66' AND 481 80 40 0 80 111/11111111.1.11111.111 Bonestroo Rosene Anderlik I n Associates Engineers & Architects URVE \ SHALLOW BAY • EXCAVATION LONG-LAKE LONG LAKE (L103), 62ND STRE POND (L106) PHASE III BREWER'S POND OUTFALL• PIPE (BY DEVELOPER)- : BREWER'S- - POND (L105) FOR DEV (BY DEV STORM SEWER LAYOUT — PHASE STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97-21 51119RROCIrO4o..cno 1-14-99 4t21150 D m romx-- Lopmttrr -”- OPER) PHASE: II i N OR tH 62Nbi'srir-1------:'-'; NORTH 62ND STREETIPOND TO LONGILAKE SIZE / N ! OPTION A -100 YEAR DESIGN ---- - 60!"---/ --. ----- -- OPTION B - 25 YEAR DESIGN OPTION C - 9 YEAR DESIGN MN HWY 36 & HI 510 —98 —800 $ CP.. N./ k • N %-/ /./ MARKET PLACE POND • • --------- • • -• 80 40 0 80 F ilii.1111.1.1111..11111 Bonestroo Rosene FIGURE NO. 4A Anderlik Associates Engineers & Architects 0 0 1' -0" 3 -0" 4 d 4 �1r Qn zcn1 Hurt_ 1_1d —QQ t,•nn• 1 C, ., 1,1 0 0 o STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 1 1 ' - -0" 5' -0" WEIR ° f WALL 0 PLA\ 0 1 2 4 1 11111.1 .Tai JlnJ1 id.1 u.. 11 Scale in feet ,111_QR -Rn 62ND STREET POND OUTLET STRUCTURE (100 YEAR STORM DESIGN) PLAN VIEW FIGURE 5 1' - -0" ACCESS GRATING ABOVE n 4 o 4 60"0 RCP 7 / J Bonestroo Rosene ® Anderlik & TEI Associates Engineers & Architects EL. 903.50 EL. 896.00 EL. 892.00 0 EL. 906.00 j _ EL. 900.50 r°9 EL . 899 4 4 - ni —iii —i1 °4 ACCESS GRATING d ° , d STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 d 62ND STREET POND OUTLET STRUCTURE (100 YEAR STORM DESIGN) CROSS SECTION "A" nrfri IC 1 1 A nn G.nn. C _.v G, n no 002 FIGURE 6 4 `— POURED GROUTED INVERT S -CTIO\ 0 1 2 4 Scale in feet LADDER — SLOPED GROUT — 60 "o RCP EL. 893.00 Bonestroo Rosene ® Anderlik & Associates Engineers & Architects I IEEI I —1 11E. - - 1 111-0111 I 11 ° 4 ff ° ° ° 2 4 4 4 4 SLOPED GROUT ° 4 STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 4 S _CTI O \ 0 1 2 4 iimmrnmarmumi Scale in feet 62ND STREET POND OUTLET STRUCTURE (100 YEAR STORM DESIGN) CROSS SECTION "B" 4° FIGURE 7 SAFETY RAILING ACCESS GRATING ACCESS LADDER 'S- III, -III_ EL. 900.50 , EL. 892.00 ° ° I EL. 906.00 EL. 903.50 jij Bonestroo Rosene Anderlik & Associates Engineers & Architects — 900.5 _892.80 892.80 62ND STREET POND SKIMMER DETAIL 48" 0 54" MANN LE TEE 4" CAP SKIMMER NO SCALE 48" 0 54" MANHI E TEE 54" RCP p 0.30% 48" Manhole 903.2 STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 skinner.dwg 1 -14 -99 4:50:22 pin soo.sss 48" (9 YEAR) & 25 YEAR STORM DESIGN OUTLET, NO SCALE Handling Holes for Lifting 900.5 FIGURE NO. 8 510 -98 -800 100 YEAR STORM DESIGN OUTLET. NO SCALE AEA Bonestroo Rosene Anderlik & Associates Engineers & Architects 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 END STA 1+400 1CURVE CREST BLVD 36' WIDE ITUMINOUS TRAIL & 8` BOULEVARD 1 N'ORTh 62ND STREE° i / i // :// / / // „? / / / / 7 / / / / „ 7. // I ,/ / / ,_, / / / / ./ .- / /,// • - / , ,,/ ---4:0 , 1 / / .., „// STREET LAYOUT 36' F1-F 0 r STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97-21 51028800r05.dwa 12-31-98 9:30:24 am L I . - - - - 7 510-98-800 FIGURE NO. 9 \ / ././ .; pQ) o „,,/ • , / // CejAh / r frks C REST BLVD CONNECT NORTH 62ND STREET TO CURVE „CREST BOULEVARD / UPGRADE EXISTING TRAFFIC SIGNAL TO INCLUDE CURVE CREST,BLVD. WEST OF -STILLWATER BLVD. THRU LANES & TURN LANES ALIGN WITH CURVE CREST BLVD TO EAST. RECONSTRUCT NORTH 62ND STREET &\. CONNECT TO EXISTING 40 20 0 40 J fj Bonestroo Rosene Anderlik Associates Engineers & Architects 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N 4 es • J i Z L.0 . 21 I 031 -30 -20 -41- 0005 e ° 62ND SCREE FON D ,> 031- 30 -20 -41 100' STOR TER EASEMENT (EXISTING) i NORTH 62ND S—TRqET i f 31- 030 -20 -43 -0007 / f .... .........._ �_ ^ — s T CURVE CREST BOULEVARD EASEMENTS PARCEL ID STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 ,-• "."-...".nn • • _I _ • n nn nn c• n.nn _ - BREWER'S — POND (L105) MN; `R7Y 36 • i r f / v , �, 0003 31— C 2 1::: 0 1:, — ..... : 4 ,1 11 , ) - 7 1 ;P:O i S I - l i: N/"."‘— l '(- N .-.‘4../1'1 lasin►4,4i;.0 fy • • FIGURE NO. 11 t t CURVE CREST BLVD EASEMENT — 80 40 0 80 1 12',Ju2 lhdii J d,I IuIIdi4iuilddilLiod i6�dlai ly Bonestroo Rosene Anderlik & Associates Engineers & Architects 1 1 1 1 1 1 N 1 1 1 1 1 1 1 1 1 / il 0 STILLWATER ii 1 0 9/ ,//T. / /' / „ / „,/,/ / ., �r, / /:/ ,Q" i / /, 4 i 4/ / r ' Jam' / / ////1 / 0 5‘ / /// 116, 1 !`: �L / PARCEL ; 31-030-20-43-0007 / / /, / / s/ ,/ / PARCEL 31- 030 -20 -41 -0001 / L -J 1 I , L 1- ••• l 7 / I ` ASSESSMENT PARCEL ID FRONT STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT NO. 97 -21 1 I 1 I Q, ° Op OO % / / // / � / � / / / f ' //' / 7 • %l/ Bonestroo Rosene FIGURE NO. 12 Anderlik & Associates Engineers & Architects FOOTAGE G 1 n[1QQr r - 1 ' ) . • I . . , . . 1 7_ 1 _OR 1 1 •fl',•7ri nm 510-98-800 / • R EST BLVD 40 20 0 40