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Home My WebLink About1999-12-21 CC Packet ,f }l 'J' '. I , REGULAR MEETING CALL TO ORDER ROLL CALL APPROV AL OF MINUTES - December 7. 1999, Regular and Recessed Meetings and Executive Session REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-27 Council Chambers, 216 North Fourth Street December 21, 1999 7:00 P.M. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1 StIllwater High School War Memorial Committee - memorial site location request 2, Darrell Sorenson. 136 Alallard Court 3. DIck Olsen. GWO Construction - PossIble award of bids for second ice sheet OPEN FORUM The Open Forum is a portIon of the Council meeting to address Council on subjects which are not a part of the meetmg agenda. The CounCIl may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS I. Finance Director 2. Police ChIef 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief 9. Building Official 10. City Attorney 11. City Coordinator CONSENT AGENDA * 1. Resolution 99-356: Payment of bills .0 Resolution 99-357: Correcting retainer for City Attorney for Year 2000 . Approving application for abatement from Washington County for Waste Management Fees 4. Resolution 99-358: Renewal of towing license - Stillwater Towing 5. Resolution 99-359: Renewal of gambling premises permit at Harbor Bar - Climb Theatre 6. Resolution 99-360: Purchase of Pickup Truck - Police Department, parking enforcement 7. Resolution 99-361: Adopting Assessment Roll for delinquent utilities, Local Improvement No. 00 I 8. Resolution 99-362: Employment of Tim Thomsen as Public Works Superintendent 9 Resolution 99-363: Permanent employment of Jeff Dionisopoulous as LaborlMaintenance Worker 10. Resolution 99-36-4: Establishing hire date for Joe Ritzer - Public Works/Parks 11. Resolution 99-365: Employment of Diane Ward as secretary - Engineering/Public Works 12. Resolution 99-366: Temporary Employment of Robert Hamble and Shirley Kelly as warming house attendants 13. Resolution 99-367: Approval of Change Order No. 17 - St. Croix Recreation Center 14. Resolution 99-368: Payment of Curve Crest Extension Street Acquisition Costs 1 5. Purchase of Com puter - Finance Department 1-6. Purchase of File Server and Hub - AdministratIOn Department 17. Resolution 99-369: Promotion of Ryan Smith to Engineering Tech III IS. Resolution 99-370: Establishing Hospital/Medical Insurance ContrIbution for City Coordinator for Year 2000 19. R eso/utioll 99-371: l\tlemorandum of Understandmg with Law Enforcement Labor SerVIces. Inc.. Local 257 regardmg Cay contrIbutIOn for group health mSllrance coverage' for 1998 PUBLIC HEARINGS 1 TIllS is the day and time for the public hearing to consider adoption ofthe final property tax levy and final budget for . the year 2000 (Resolution approving levy: Resolution approving budget) City Council Meeting 99-27 December 21, 1999 2. This is the day and time for the public hearing to consider the proposed establishment of Development District No.2, pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and the establishment of Tax Increment Financing .~I District No.8 (a housing district) pursuant to Minnesota Statutes Sections 469.174 to 469.179, and the adoption of I plans thereto. ' UNFINISHED BUSINESS 1. Case No. PUD/99-54. A final Planned Unit Development, Long Lake Villas, for 13 single family lots (9.27 acres) and 86 Townhome lot (14.91 acres) and a 5.01 acre park located west of County Road 5 and north of 62nd Street North. Tim Nolde, applicant. 2. Case No. SUB/99-55. A final plat approval of 26.1 8 acre area into 1:3 single lots, Outlot A, 5.01 acre park, 50 townhouse lots, seven apartment lots and Outlot B for road right of way located west of County Road 5 and north of 62nd Street North. Tim Nolde, applicant. 3. Second reading of ordinance amending the Zoning Ordinance by adding Chapter 31-1.16(3c) development regulations for automotive sales, service and storage uses excluding gasoline filling stations. (first reading December 7, 1999) 4. Report: Accessory building at 2248 Orwell Court N. 5. Update and direction on Territorial Prison site development 6. McKusick Ravine Study 7. Possible setting of public hearing to amend City Charter . NEW BUSINESS 1. Selecting Worker's Compensation Premium Option with League of Minnesota Cities 2. Approval offees for services (Resolution) 3. Possible renewal of contract with Ed Cain, Legislative Associates (Resolution) 4. Development Agreement for Stillwater Crossings (Resolution) 5. Repair and Conveyance of Pizinger Lift Station 6. Possible first reading of ordinance amending fertilizer ordinance 7. Request to establish regulations prohibiting use of boat motors on McKusick Lake 8. Possible first reading of ordinance amending solid waste collection fees PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to executive Oak Glen litigation and assessment appeal . * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. ' "- There will be no separate diScussIon on these items unless a Council Member or citIzen so requests, in which event, the items will be removed from the consent agenda and considered separately. ** Items in italics are additions to the agenda CITY OF STILL \V ATER CITY COUNCIL MEETING NO. 99-26 December 7,1999 'GULAR lVIEETING 4:30 P.:M. The meeting was called to order by Mayor Kimble. Present: Absent: Also present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Dauffenbach Fire ChiefKallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier OTHER BUSINESS 1. John Melville, St. Croix Valley Athletic Partnership - Sports Complex update and request for funding. . John Melville, St. Croix Valley Athletic Partnership, provided an update on sports fields for use by children in the St. Croix Valley, currently available and proposed. He stated the organization has a complimentary role to the athletic associations that plan the programs. The organization is currently visiting area communities in a fund-raising effort. Council stated they understood the fundraising efforts, having just worked on similar efforts to request contributions from the area users of the St. Croix Valley Recreation Center. Council was supportive of the concept and will discuss options for contributions with the Finance Department. 2. GIS Workshop. City Engineer Eckles introduced Ryan Smith, GIS/Engineer Technician for the City. Mr. Smith presented Council with an overview of the capabilities of the system and highlighted the benefits of the G.I.S. and the electronic storage of the City's information. STAFF REPORTS Fire Chief Kallestad requested authorization to use the Fire Chiefs car for travel to and from home, to evening and weekend meetings, and to after-hours calls to fires. He conducted a survey of all twenty-one fire departments represented at the Metro Fire Chiefs meeting. 100% of those departments provide the fire chief a take-home vehicle or a vehicle allowance. The Stillwater Policy and Procedures Manual, Section 11-14 lists the Fire Chief as one of the officials authorized to take home a City vehicle.- eotlOn by Councllmember Zoller, seconded by Councilmember Cummings authorizing 24-hour use of staff vehicle by Fire Chief, as descnbed in Stillwater Policy and Procedures Manual. All in favor. Fire Chief Kallestad also reported he and Police Chief Dauffenbach support the installation of pre-emptive City Council Meeting No. 99-26 December 7, 1999 _PROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of November 16, 1999, Regular Meeting and Executive Session. All in favor. OPEN FORU~I Alex Peltier, 1310 6th Avenue S., his brother Adam, and sister Allison, requested Council authorize the flooding of an ice skating rink at the old athletic field. Their father, Joe, volunteered to flood and maintain the rink if provided with the materials. Mayor Kimble stated the school district used to maintain the rink. City Coordinator Kriesel informed Council the current topography causes water to run to one end. The area would need to be graded to improve the surface. He suggested the School District be contacted for approval to grade the area. MotIon by Councilmember Zoller, seconded by Councilmember Thole directing staff to contact ISD 834 regardmg making accommodations to restore and provide a skating rink at the old athletic field. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda. All in favor. . Resolution 99- 338: Directing Payment of Bills 2. Resolution 99-339: Contract with Gilbert Jansen for weekendlholiday boiler maintenance 3. Approval of Central St. Croix Valley Joint Cable Communications Commission Operating and Capital Expenditure Budget for Fiscal Year 2000. 4. Resolution 99-340: Designation of depositories for 2000 5. Resolution 99-341: Setting salary for administrative assistant 6. Resolution 99-342: Membership in Capitol City Regional Mutual Aid Assoc. 7. Resolution 99-343: Contract with Park Construction for storm sewer work on Mulberry Point 8. Purchase of survey equipment - Engineering Dept. 9. Resolution 99-344: Establishing salary retainer and hospital/medical insurance contribution for City Attorney, effective Jan. 1,2000 10. Resolution 99-345: 1999-2001 Labor Agreement with Law Enforcement Labor Services Employees' Union, Local 257- Stillwater Police 11. Resolution 99-346: Valley Co-op Parking Agreement 12. Resolution 99-347: Agreements with Courier News and Stillwater Evening Gazette for legal publications for 2000 13. Resolution 99-348: Renewal of contract with Sand Creek Group, Ltd, for employee assistance services PUBLIC HEARINGS 1. This IS the day and time for the Truth in Taxation Public Hearing. Notice of the hearing was placed in the Stillwater Gazette on November 29, 1999. . Finance Director Deblon explained the tax levy process and how monies are spent. 3 City Council Meetmg No. 99-26 December 7, 1999 systems on the traffic signals at Curve Crest and Co. Rd. 5. Mr. Eckles stated the estimated cost is $8000 . and can be done by change order. He will prepare the change order for the December 21, 1999, meeting. CIty Engmeer Eckles requested the following items included in the 1999 capital outlay budget be carried mto the year 2000 budget: $20,000 for lift station upgrades, $35,000 for a one-ton truck and plow, and S8,000 for sewer safety equipment. Motion by Councllmember Zoller, seconded by Councilmember Cummings approving the request of the Engineering Department to carry $65,000, included in the 1999 capital outlay budget, into 2000 and modifying the year 2000 budget to increase the capital outlay budget by that amount. All in favor. CIty Engmeer Eckles informed Council the temporary turn lane, diverter and signage to restrict left turns onto Deerpath from Olive Street will be removed on Wednesday, December 8. The neighborhood was informed before installation that it was only a temporary solution for experimental purposes. They were not designed to withstand normal City plowing operations. Washington County took traffic counts before and after the installation. Later this winter staff will prepare a report on the results as well as options for a permanent solution. City Coordinator Kriesel requested authorization to advertise for bids for a new ice resurfacing machine. The resurfacing machine currently being used at Lily Lake is in need of a complete overhaul and is experiencing problems. The purchase of a new machine was planned for next year; however, because of the current problems, he recommended purchasing it at this time. Motion by Councilmember Cummings, seconded by Councilmember Zoller authorizing the advertisement for. bids for an ice resurfacing machine. All in favor. RECESSED iVIEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Also present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Fmance Director Deblon PolIce Chief Dauffenbach Community Development Director Russell CIty Engineer Eckles F ire Chief Kallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier John Klun, Gazette . 2 City Council Meeting No. 99-26 December 7, 1999 The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public heanng . The adoption of the tax levy and the budget for 2000 will be placed on the December 21,1999 agenda. 2. ThIs is the day and time for the public hearing to consider a request from Timber Lodge Steakhouse, Inc., for a new on-sale and Sunday intoxIcating liquor license, at 1820 Market Drive. Notice of the hearing was publIshed in the Stillwater Gazette on November 30, 1999. Clerk Weldon reported an application for a new on-sale and Sunday intoxicating lIquor license has been received from TImber Lodge Steakhouse, Inc., to be located at 1820 Market Drive. Building construction is antIcipated to commence in March of 2000. Approval should be contingent upon fulfilling all requirements to hold an on-sale intoxicating license and final inspections and approval by the Stillwater Fire and Inspection Departments. Jerel Gunning, operations manager, was present if Council had further questions. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public heanng. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99-349 approving new on-sale and Sunday intoxicating liquor license for Timber Lodge Steakhouse, Inc.,1820 Market Drive, for the year 2000. . Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3. Case No SUP/99-47 . This is the day and time for the public hearing to consider a request from Mainstream Partners, LLC, Tim Stefan, for a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofing in the CBD, Central Business and Flood Plain Overlay Districts. Notice of the hearing was published in the Stillwater Gazette on November 26,1999, and notIces mailed to affected property owners. Community Development Director Russell reported Tim Stefan is requesting a Special Use Permit for the basement parcel 5 of the Maple Island project. The proposed uses are studio, office, conference, elevator and storage. Renovation will include new poured concrete flood proofed exterior walls, elevating handling equipment above the flood plain and repairs to the concrete floor slab. The Flood Plam Regulations require the City Council hold a public hearing and review Special Use Permits in the Flood Plain District. The request for the Special Use permit was heard by the Planning Commission on November 8, 1999. The approval is an after the fact approval and will require construction to meet the BuIlding Code requirements for flood protection construction. The Planning Commission recommended approval with the following conditions: 1. Flood proofing plan shall be certified by a registered professional engineer or architect that the flood proofing measures are adequately designed to withstand regional flood conditions and be submitted to the . City for approval; 2) the basement shall be dry floodproofed according to the State Building Code FP-l or 4 City Council Meeting No. 99-26 December 7, 1999 . FP-2; 3) All electrical heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulation flood protection elevation. The Mayor opened the public hearing. TIm Stefan, applicant, updated Council on the progress of the Maple Island project. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-350 approvmg a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofing in the CBD, Central Business and Flood Plain Overlay Districts, contingent upon conditions of approval and findings. Case No SUP/99-47. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Case No ZAT/99-7.This is the day and time for the public hearing to consider a request from the City of Stillwater for a Zoning Text Amendment regulating auto repair uses in Residential Districts. Notice of the hearing was published in the Stillwater Gazette on November 26,1999, and notices mailed to affected property owners. . Community Development Director Russell reported this item originated at the May 4, 1999, council meeting. The Planning Commission has considered this ordinance at several meetings and on November 8, 1999, recommended adoption. The ordinance would require the street setback area be clear of stored vehIcles. Screening would be required for outside storage. Mayor Kimble questioned the fairness of charging a fee for a Special Use Permit to businesses already in operation. City Attorney Magnuson stated that if enough time is given to comply with the new regulations and It is feasible to do so, the City would be within its rights to require the Special Use Permit. City Coordinator Kriesel suggested a reduced permit fee be established for permit modifications. The Mayor opened the public hearing. Jim Gannon, Gannon's Auto Shop, 804 West Laurel, stated he rents to other businesses also. He has agreed to some fencmg, but the neighbor on the west does not want a fence. He planted pines in that location. He requested clarification if cars that are for sale are considered stored vehicles. Council discussed fencing and storage issues. Councilmember Cummings questioned if Mr. Gannon's taxes could be temporarily reduced to offset the cost of complying with the new ordinance. Mr. Magnuson stated the tax abatement statute is an economic development tool; he will report to Council at the next meeting. The Mayor closed the public hearing. t1otion by Councilmember Zoller, seconded by Councilmember Thole to have a first reading of an ordinance amending the Zoning Ordinance by adding Chapter 31-1.16(3c) Development Regulations for Automotive Sales, ServIce and Storage Uses Excluding Gasoline Filhng Stations. All in favor. 5 CIty Council Meeting No. 99-26 December 7, 1999 .. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to consider setting a reduced fee for Special Use Permit modifications. All in favor. . The meetmg was recessed at 8:20 p.m. and reconvened at 8:30 p.m. 5. This is the day and time for the public hearing to consider the proposed adoption of the City's Business Subsidy Policy under Minnesota Statutes 116J.993 through 116J.995. Notice of the hearing was published in the Stillwater Gazette on November 24, 1999. City Attorney Magnuson reported a new Minnesota Business Subsidies Act took effect for agreements entered into on or after August 1, 1999. It pertains to subsidies in excess of $25,000, but not to subsidies for housing projects and certain types of renovation and some forms of redevelopment. A subsidy is defined by the new law to include tax increment financing, tax abatements, preferential utility rates and special assessments under certain circumstances. He presented a draft policy he and Finance Director Deblon have prepared for Council review. The City is required to hold a public hearing to adopt criteria for awarding subsidies. One criteria required is that it must include a policy regarding the wages to be paid for jobs created. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-351 approvmg Business Subsidy Policy. . Ayes: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Nays: Councilmember Cummings UNFINISHED BUSINESS I. Case FSUB/99-59 and FPUD/99-60. Final Plat and Final PUD approval for Phase I Stillwater Crossings (formerly Legends West), located on the northeast comer of County Road 15 and 62nd Street North. Pemtom, Developer; Ryland Homes, Builder. Community Development Director Russell reported the concept PUD was approved October 5, 1999, with seven conditions of approval as listed in Resolution 99-286. More detailed design changes have been made to address the concept approval conditions. Final approval is recommended, with the following conditions: I) the development agreement shall be approved before building permits are issued, and 2) the final plat for Phase I is approved before building permits are issued, and 3) the Public Works Director shall approve all off-site project public improvements. Mark Sonstegard, Ryland Homes, described the project and phasing. City Coordinator Kriesel reported the developer has requested the building official be authorized to issue a permit for one unit and three foundations, contingent upon receiving a waiver ofliability for costs associated with utilities. . Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-352 approving the final plat and tinal PUD approval for Phase I Stillwater Crossings (formerly Legends West), located on the 6 City Council Meeting No. 99-26 December 7, 1999 northeast comer of County Road 15 and 62nd Street North, as conditioned. Pemtom, Developer; Ryland .omes, Builder. Case FSUB/99-59 and FPUD/99-60. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the Building Official to issue a permit for one unit and three foundations at Stillwater Crossings, Phase I, contingent upon receiving a waiver of lIabIlity for costs associated with utilities. All in favor. l\'"E\V BUSINESS 1. Appeal of decision of Building Official for denial of permit at 216 W. Wilkins. An appeal to Council has been received from Marcia Kilbourne, 216 W. Wilkins. She is requesting Council review the demal of a building permit at her address. According to her appeal letter, the permit was withheld by Building Official Zepper because her building has a non-conforming use of three families living in her duplex. Building Official Zepper explained this is a zoning issue, not a building code issue. There are currently three units in the building; this is in violation of the zoning ordinance. . City Attorney Magnuson, at the request of the City Coordinator, sent a letter to Ms. Kilbourne, dated November 23, 1999, explaining the status of her residence. The structure is located in the RB-two family zomng district, which means single family and duplex units are permitted without the need for special permits. The City believes the building is being used as a three-plex, thereby violating the zoning ordinance. A building permit would not be issued to expand the use since it is nonconforming and maintained in violation of the zoning ordinance. In the letter he stated she had two options: 1) Ask for a variance to have a three-plex structure, 2) eliminate the third unit from the basement as promised when she was allowed to remodel the house in 1998, thus having a two family dwelling on the site. The Mayor opened the public hearing. Marcia Kilbourne, 216 W. Wilkins, presented her request. She stated she had taped the Planning CommIssion meeting where she was given permission for her remodeling. Mayor Kimble stated the official record (minutes) did not indicate permission for three units. Council determined the issue should be tabled to allow the City Attorney to listen to, or have transcribed, Ms. Kilbourne's tape of the Planning Commission meeting. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the discussion of appeal of the deCIsion of the Building OffiCIal for denial of a permit at 216 W. Wilkins. Councilmembers Bealka, Cummings, Thole and Mayor Kimble Councilmember Zoller Ayes: Nays: .2. Request by Church of the Incarnation for lawful gambling premises permit at Cat Ballou's. 7 City Council Meeting No. 99-26 December 7, 1999 Clerk Weldon reported a request has been received from the Church of the Incarnation, 3817 Pleasant Avenue S., Mmneapolis, to open a charitable gambling site at Cat Ballou's, 112 N. Main Street. Ten . percent of the proceeds would be donated to the Youth Service Bureau, 101 W. Pine Street. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-353 approving lawful gambling premises permit at Cat Ballou's, 112 N. Main Street, for Church of the Incarnation. Ayes: Councllmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble ?\ays: None 3. Possible appointment to Downtown Parking Commission. Section 22-8 of the City Code states no person shall be eligible to serve on more than one board or commission at the same time. Due to the recent appointment of Karl Ranum. to the Planning Commission, a vacancy now exists for the remaining portion of his term on the Downtown Parking Commission, to expire January 1,2001. The vacancy has been advertised as required by the City Charter. Applications have been received from the following: Mike Schumann, Traditions, and Richard Creveling, 709 Nightingale Blvd. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 99-354 appointing Mike Schumann to the Downtown Parking Commission, to fill the unexpired portion of a term to expire January 1,2001. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Request by U.S. West for conveyance of easement over a portion of Outlot C, Liberty on the Lake 2nd. Addition for the placement and operation of telephone system apparatus. City Attorney Magnuson reported U.S. West has requested an easement over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus. The Board of Water Commissioners does not foresee any interference or conflict with their use of the site. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-355 granting an easement to U.S. West over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus, subject to an appropriate fee as determined by staff. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Appointment to Middle St. Croix Watershed Management Organization. Civil Engineer Sanders has served as the City representative on the St. Croix Watershed Management Organization Board for the past two and one half years. Recent legislation, effective January 1,2000, states no member of the board of a watershed management organization shall be a salaried employee from the City they represent. Board members should be an appointed citizen from the city they represent. He recommended a notice be placed in the local newspapers requesting letters of interest from residents interested in the position. . 8 City Council Meeting No. 99-26 December 7, 1999 Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to advertise for Aidents interested in serving as a city representative on the St. Croix Watershed Management Organization ~oard. All in favor. COl\tnIU~ICA TIONSIREQUESTS 1. Request from residents on Orwell Court N. for investigation of compliance with building and zoning codes at 2248 Orwell Ct. N. A letter was received from neighbors of 2248 Orwell Court regarding the erection of a non-attached storage facility (silver plastic storage tent). They requested it be removed immediately or, if deemed a temporary structure, be removed by a specific date set by the Planning Department. Mark Olin, 2285 Orwell Ct., explained the neighborhood concerns. Carl Berwald, 2248 Orwell Ct., stated this is not a neighborhood issue; it is a legal matter. The Building Inspector had told him the structure was in compliance with codes. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to investigate compliance with building and zoning codes at 2248 Orwell Ct. N. and report back to Council on December 21, 1999. All in favor. COUNCIL REQUEST ITEl\tIS . Councilmember Zoller reported City Engineer Eckles was publicly recognized at the Browns Creek Watershed District/Trout Unlimited event held at the Oak Glen Country Club last week. He received an award from the Department of Natural Resources for his work on the diversion system. Councilmember Bealka requested the public hearing on the tree ordinance be changed from December 2151 to January. Holiday commitments would make it difficult for several residents to attend the meeting in December. Council concurred. Mayor Kimble stated the packet contained a request for comments from the US Army Corps of Engineers regarding an application by Wolf Marine for permit to place a barge in the St. Croix River and an application from Max Todo for a permit to place a barge and spud poles in the St. Croix River. He asked if it would be appropriate for the City to submit comments. City Attorney Magnuson stated it would be very appropriate. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-356 directing staff to submIt comments to the US Army Cops of Engineers supporting applications for permits by MaxTodo Marine Services, Inc., and by Wolf Marine, Inc. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None . 9 City Council Meeting No. 99-26 December 7, 1999 STAFF REPORTS (continued) Community Development DIrector Russell requested authorization to submit an application to the Margaree Rivers Fund for a grant for park improvements in the Browns Creek Open Space Area near McKusick Lake Road. Motion by Councilmember Thole, seconded by Councilmember Bealka authorizing the Community Development Director to make application for a grant from the Margaret Rivers Fund for park improvements in the Browns Creek Open Space Area near McKusick Lake Road. All in favor. ADJOUR~MENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn to executive session to discuss personnel issue at 9:35 p.m. All in favor. Mayor Attest: City Clerk Resolution 99- 338: Directing Payment of Bills Resolution 99-339: Contract with Gilbert Jansen for weekend/holiday boiler maintenance Resolution 99-340: Designation of depositories for 2000 . Resolution 99-341: Setting salary for administrative assistant Resolution 99-342: Membership in Capitol City Regional Mutual Aid Assoc. Resolution 99-343: Contract with Park Construction for storm sewer work on Mulberry Point Resolution 99-344: Establishing salary retainer and hospital/medical insurance contribution for City Attorney, effective Jan. 1,2000 Resolution 99-345: 1999-2001 Labor Agreement with Law Enforcement Labor Services Employees' Union, Local 257- Stillwater Police Resolution 99-346: Valley Co-op Parking Agreement Resolution 99-347: Agreements with Courier News and Stillwater Evening Gazette for legal publications for 2000 Resolution 99-348: Renewal of contract with Sand Creek Group, Ltd, for employee assistance services Resolution 99-349: approving new on-sale and Sunday intoxicating liquor license for Timber Lodge Steakhouse, Inc., 1820 Market Drive, for the year 2000. Resolution 99-350: approving a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofing in the CBD, Central Business and Flood Plain Overlay Districts, contmgent upon conditions of approval and findmgs. Case No SUP/99-47. Resolution 99-351: approving Business Subsidy Policy. Resolution 99-352: approving the final plat and final PUD approval for Phase I Stillwater Crossings (formerly Legends \Vest), located on the northeast corner of County Road 15 and 62nd Street North, as conditioned. Pemtom, Developer; Ryland Homes, Builder. Case FSUB/99-59 and FPUD/99-60. Resolution 99-353: approving lawful gambling premises permit at Cat Ballou's, 112 N. Main Street, for Church of the Incarnation. . Resolution 99-354: appointing Mike Schumann to the Downtown Parking Commission, to fill the unexpired portion of a term to expIre January 1, 2001 10 , City Council Meeting No. 99-26 December 7, 1999 . Resolution 99-355: granting an easement to U.S. West over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus, subject to an appropriate fee as determmed by staff. Resolution 99-356: directing staff to submit comments to the US Army Cops of Engineers supporting applications for permits by MaxTodo Marine Services, Inc., and by Wolf Marine, Inc. . . 11 . November 22, 1999 The Honorable Mayor and City Council Members City of Stillwater Dear Mr. Mayor and Council Members: Subject: Stillwater High School War Memorial Site Location Request Reference: November 5, 1999 Meeting with the Mayor and the City Adnlinliltrator . The Stillwater High School War Memorial Committee, formed to identify, recognize and honor Stillwater citizens killed in the Civil War and Stillwater High School students killed WWI, WWll, Korea, and Vietnanl, has identified the site of the original high school as being the most historic, symbolic, visually inspiring and cost effective to develop as an outdoor memorial The portion of the upper parking lot closest to the corner 01 Third and Pine that is separated from the larger parking area by a walkway, is the specific site of the original high school building that we as a cOnlnlittee are requesting authorization from the City of Stillwater to develop as a memoriaL It is anticipated that the parking lot walkway and stairway would be needed and used for access to the site. The circular area at the head 01 the stairs could also possibly be used as part olthe memorial (eg. as a fountain, given the existing water service to that location). Except for the removal of curbing and pavement, the landscape and lighting would essentially be kept intact. The Committee would solicit private funding lor the memorial but may ask the City to consider providing ongoing nlaintenance services and liability coverage to the site with the School District retaining control of the memorial. With City of Stillwater approval for use 01 the site, the anticipated sequence of events would consist of an initial solicitation for site designs from former and current Stillwater High School students followed by selection of the winning design. Thereafter, there would be a fund drive followed by a site dedication in May 2000. Construction would follow with dedication anticipated for May 2001. . . -2- The Committee members will be available to answer questions and make presentations as needed. Updates on the status 01 the project will also be provided. Thank you so very much lor your consideration. (on behalf of the) Stillwater High School War Memorial Committee: Marilyn GeJhar Doug Hanson Deb Henton John Kraemer Jon Larson Ken Timm Dick Olsen Brent Peterson Joe Samuelson Dave Swanson Mary Jo Weingarten . cc: Mr. Nile Kriesel Attachment: Engineering drawing olThird and Pine City Parking Lot . . \S ? CL8 ~ N q, N N . ~ ~ 0 I _I ..I -I b b J: I us' 11' _. .... 2\ I ~ I "lJ1 JO' nP. I . I ur nP. ,.. I . > 41H Slla-~ I so. C -l 1 ,~ ~i 1 ., ---.. ..-.- .. .... ----- o -4 \ I \ ~ b - ~ '8' , , ~ ~ f , ~ i t l - - Co! ...;;.~.:""""~~- ---...........--........-.......-.........-..-- .. 1 ----..-- ..- 3RD . . . 136 MALLARD COURT STILLWATER, MN 55082 DECEMBER 20, 1999 MAYOR AND CITY COUNCIL MEMBERS MY NA1\1E IS DARRELL SORENSON AND I RESIDE AT 136 MALLARD COURT AND I AM HERE TO INFORM YOU AGAIN OF A SERIOUS TRAFFIC SITUATION THAT EXISTS. AN ACCIDENT WAITING TO HAPPEN. OUR PROPERTY ABUTS BOUTWELL ROAD AND WE ARE VERY CLOSE TO THE INTERSECTION OF MYRTLE AND BOUTWELL. OUR PROPERY IS ABOUT 12 TO 15 FEET BELOW THE GRADE OF BOUTWELL. THE PHYSICAL LAYOUT OF THE INTERSECTION IS NOT WELL DESIGNED. WHEN DRIVING EAST ON MYRTLE STREET, DOWN A SLOPE TOWARDS STILLWATER, , AND TURNING LEFT ONTO BOUTWELL, YOU HAVE TO MAKE MORE THAN A 90 DEGREE TURN. AND MANY CARS SIMPLY GO OUT OF CONTROL AND FAIL TO ACCOMPLISH TIllS TURN. THE SPEED AT WHICH THEY ARE TRAVELING DOWN MYRTLE STREET AND THE SHARP LEFT TURN SPELLS DISASTER I HAVE DOCUMENTED ANOTHER INCIDENT THAT OCCURED JULY 21. 1998 AT ABOUT 7: 10 PM, WHEN I WAS AROUSED IN MY HOUSE BY THE SCREECHING SOUND OF TIRES. UPON INVESTIGATION, I DISCOVERED THAT A CAR FULL OF OF YOUNG ADULTS WITH 3 CARS PARKED IN THE VICINITY. ONE OF THE CARS WAS HUNG UP ON THE BANK WEDGED AGAINST A TREE. AS I CLIMBED THE BANK TO BOUTWELL AND APPROACHED THE SCENE OF THE ACCIDENT, I OVERHEARD ONE MALE SPECTATOR SAY IT WAS DIFFICULT TO MAKE THE CORNER AT 40 MPH. THEY THEN SAW ME AND IMl\tIEDIATEL Y CLAMMED UP. THE LATEST ACCIDENTOCCURED AROUND 1 PM, DECEMBER 19,1999. ACAR JUST COULD NOT MAKE THE LEFT TURN OFF OF MYRTLE STREET ONTO BOUTWELL, AND BUT FOR THE LOCATION OF THE BIGGEST TREE ON THE El\tlBANKMENT, IT COULD WELL HAVE ENDED UP IN OUR FAMILY ROOM. MY REASON FOR APPEARING BEFORE THE MAYOR AND CITY COUNCIL IS TO APPEAL AGAIN FOR THE INSTALLATION OF A GUARD RAIL ON THE EAST SIDE OF BOUTWELL. MY WIFE LOVES TO WORK IN HER YARD AND SPENDS MANY HOURS THERE EVERY WEEK. I HAVE 7 GRANDCHILDREN WHO ALSO LOVE TO PLAY IN OUR BACK YARD. A GUARD RAIL COULD POSSffiL Y MEAN THAT THOSE GOOD TIMES DON'T END IN A DISASTER ENC: PICTURES OF ACCIDENT I ) I ; f ) I ; - \ ! Neal Ave .,_ -=\ - ~.e;ri~;--- If ( \i 0~ 11-$ ~ _ _ )ii :,\ i~ ~\ ;~ rod C;; {') .p~Gte"", ~ ~ t, __ ila "-'-' ,.// / .q""r'''/r _- __ ../ -----.J - . ,I - - / .' ~ _71...._-- > UI ~ lot! _ ,,-..~~fIItJ l~- Utk. ----~....._;;?...-4t-.\~ " e ~!t --'"'""'~. .". ---~. O{4 ~ ..---.....__...""./ ~ 'l~ .si'~__ ..r-r' ?;: :!-n 'D"~- - III" "'" ...~. nl2 ,-"n IIIjac ,;r. It J ~f:/l1Z9 l:t1{ L_____~ ~~ /~I r.,-I!-- l " \: -'\ ~~ "-' '\ --:- )' \ ;:;.... --'. 1\1 ~. '. \ ,. '''' I ""'~~ ~ ,/ !'~' ,;'1>, ,~lf10aJ._ iil _u _..,~" a;.:.3 ....'" is. NIgII1IngaIe IlIvd \\ \~ ,ii /. \1: ' '" '! . !II \!: ! , -\\ \~ ';0. So :I' \ \...~, ' ........ ,.. '" -----. \ ~, \"',.." ._. .' -, "--, .:, ) !II 1 ) \~. .. II! , ....... - '" : 1ir , "~} 1,'il.1 I,_F#, ~. 'I "''''"Northland 1ir " ,.~ I~ I"~ Interlache.. r... ~" ,,-~ '~ . -.;.~ . J. L. Sll. H"Is,diln' l~ ~ Ci 5- "-~q. 'j ,. \ .,~ ~ ---.. 'S> lDl... " ,.. I ;\ H"!,r1et1 i ! l ~ Cottonwood .~ ~ IA. "-, I ''IVaney Iff' E~"l? !!l'CI k-~f1"" :-~-. . ''8.f!.., ;.... 1 ' I' WOod"'1r&' ~!il' ,<> ...::; """"-' _~.. os- ~ I' } '" :i "'~7 ",,' f? . 1-'-, -' ._~ i Is ., """ 131 <, , ~CS) .....!; I ~~Ct ;.~ \ ' . - , " }~aryknOD!!r_ ( " J ...... t "', .' ........-.. I "....~~'" .... ~I ~1!.o1'~ \ " < 'O::D ',... LauneCl to , ~. '11\"" C>. ~~- 'f ( /\ labniLn\,~ l; Cotta9BDr. ~ ~ J- ~\\ - \ - ~.!..I1I"_ unQ \ "'~l\'d i ~/ttrll. :~ \0. .p _! ' 'tI:II' 'fI>- ~() I Benson S 1.........- ~ t ... -, ~ ~ we~Ul f"--, ;r 1 ........,.." F- rn r- Oakes 51 ').,:r~ ~.... 1~larrc1 Rc1 .....0 ii" ::. r. - \ C) " ,,' ,..t> 0"';: ,~..,., 3'< ..In:!' ~g, 'q\e~ -'! .:G' I u> ~ Ii _uti .. ,<II' j pmeTleeTrt ~ ~., I!!! r'" i!L :0 . ...., '~-"o ~ ~- '''1/ (..... lakeJ~:j .s~eysl:i (u;) ':-'1 ~ I l!ll Y S! II !! i"li 11 !:l~ li nC>. Ii ~#,- ,- ~.. .. ",J' f " .. f ,r j > I f1~ I~ l \ ~ , , ,,/~ IOpoo"''ll ~~h"!!J!1c1Dr 57 ./"Il'i , , \ i . ~ > r -~~ r " ~ l' f"N"~ \, II r '- \ r-- . I \ <-I ( g.f ~/~ ::H ~ ~ ~-. h. \, /"" \ / 9y- '\ . ..t.__ . -. .-' . j ,f'\ . . . MEMORA~DUM TO: Mayor and Council FR. City Coordinator RE: Ice Arena bids DA: December 20, 1999 Discussion: Accompanying this memo is a tabulation of the bids and a project cost worksheet for the second ice arena. The good news is that the bids (and total estimated costs) appear to be significantly lower than the previous estimate - even with the addition of certain '"Add Alternates". The cost estimate, including certain add alternates as sho~n on the Project Costs schedule, is $2.4 million. The previous estimate was $2.84 million. Bids "vere not taken on the work that will need to be done to upgrade Lily Lake Arena. However. this work "",ill be bid separately some time in the future (the cost to upgrade the Lily Lake Arena is estimated to be 5285,000). In any event, it appears that the bids were very favorable and that the costs should be lower than expected. I believe the Add Alternates are self-explanatory. However, Dick Olsen will be at the meeting to discuss the bids and the alternates funher with you. The only problem at this time appears to be that one of the bidders is claiming an error was made when submitting the bid for the mechanical work. The City Attorney 'Will have to confer with Nlr. Olsen and the bidder to determine what the City needs to do in regards to this matter. Further, because we only received one bid for the painting work, it is recommended that the bid not be opened and that this item be re-bid (time is not an important factor with the painting work right now). Neither of these items should prevent the Council from awarding bids for the other work. Recommendation: Council approve bids on the construction of second ice arena. direct Construction Manager to prepare appropriate contracts and direct City Attorney to review bids for recommendation regarding alleged error on bid submitted for mechanical work. .' /J/ -t~ 'II .-. " , . J PROTECT COSTS (con't) 2 Ankeny-Kell . 2 1) Fee (6% ofConstrucbon Costs of $1,789,74700) $ 107,385 GO 22) RermbursIbles $ 10,00000 3 Q\.\.ner's ConstructIon (Allowance) 3 1) SAC/WAC $ 2,000 GO 32) BuIldmg Pemut $ 2,000.00 33) ]anItonal Fmal Oean Up $ 4,000.00 34) BuIlder's RIsk Insurance $ 3,000 00 3 5) TestIng $ 10,OCO 00 36) Job SIte UtIhtIes A) Water $ 200 00 B) ElectrICIty $ 500 00 q SIte Lavout $ 000 00 oJ D) Fuel $ 000.00 Total. S 21,700 00 $ 21,700.00 4 FFE Items (Allowance) 41) Zambom $ 75,000 00 42) MIse Brooms, Mops, Ete $ 200.00 43) PamtIng Ice Sheet $ 1,000.00 44) Scoreboard $ 6,000 CO 45) AdvertIsmg - Scoreboard $ 2,000 00 46) Countdown Oock $ 750.00 . 47) SIgnage $ 500 00 48) Sound System, P A System, Secunty System, Telephones & Acoushe Panels $ 26,000 00 49) FIrst AId KIt $ 1,000 CO Total. $112,450 00 5 112,450.00 Subtotal $2,041,282.CO 5 CapItalIzed Interest $ 63,800 CO 6 Bondmg for $2,000,000 00 6 1) Moody $ 4,000 00 62) Sprmgsted $ 30,oeO 00 Total $ 34,00000 7 CIty Legal $ 4,000 CO Subtotal 52,143,082 CO 8 ContIngency (5~~ of $2,143,082 00) $ 107,154 GO 9 Recommended Alternates (Add Acceptable to the Above Costs) . (See Next Page) $ 104919 CO Total Project Costs 52,391,155.00 Noh': The above costs do not include any work at Lily Lake (, .. .. ,.... \ ALTERNATES .lternate #Al: Provide Concrete Floor at Ice Sheet 1) Refngeration 2) GWO Fee (3%) 3) Ankeny-Ken Fee (6%) Alternate # 1) 2) 3) Alternate # 1) 2) 3) Total: $ 73,/ /0.00 $ 2,213.00 $ 4.559.00 $ 80,542.00 Recommended Provide Tempered Glass in LIeu of Acrylic Spectator Slueldmg Dasherboard $ 4,340.00 GWO Fee (3%) $ 130.00 Ankeny-Ken Fee (6%) $ 268.00 Total: $ 4,738.00 Recommended Lexan Advertising Panels Added to Face of Dasherboards Dasherboard $ 6,980.00 GvVO Fee (3%) $ 210.00 Ankeny-Ken Fee (6%) $ 431.00 Total: $ 7,621.00 T.B.D Alternate #2: ProVIde Shower Room at Room #060, with all Plumbing & Electrical Complete 1) General Construction $12,200.00 2) Painting (Allowance) $ 500.00 3) Mechanical $ 17,700.00 4) Electncal $ (100.00) . 5) GWO Fee (3%) $ 909.00 6) Ankeny-Ken Fee (6%) $ 1.873.00 Total: $ 33,082.00 Recommended Alternate #3A: Provide Rubber Flooring over Sealed Concrete at the West End of New Ice Arena as Indicated on the Drawing General Construction GWO Fee (3%) Ankeny-Ken Fee (6%) 1) 2) 3) Alternate #3B: 1) 2) 3) Total: $ 10,000.00 $ 300.00 $ 618.00 $ 10,918.00 T.B.D. Provide Rubber Floormg at West End of Existing Ice Arena & Concession Stand as Indicated on the Drawmg General ConstructIon GWO Fee (3%) Ankeny-Ken Fee (6%) Total: $ 14,300.00 $ 429.00 $ 884.00 $ 15,613.00 T.B.D. Alternate #4: Add Flexiframe Windows at North Wall of New Ice Arena as Indicated on the Drawmg 1) General ConstructIon $ 11,600.00 2) Precast Wan Panels $ 8,060.00 3) Painhng (Allowance) $ 1,000.00 4) GWO Fee (3%) $ 620.00 5) Ankeny-Ken Fee (6%) $ 1.277.00 Total; $ 22,557.00 . Recommended Grand Total of Alternates Recommended: 5140,919.00 . . BID PACKAGE 7 - PAINTING Alt. #2 Alt. #3A Alt. #3B Alt. #4 Shower Rubber Floor Rubber Floor Flexiframe Bidder Base Bid Room #060 (New Bldg.) (Existine: Blde:.) Windows Bid Bond Addendum ~ ~cO 5'1~StJ . tJA N'h- 500 V ~ ~(!)C) ~uJ~~ 7fr;~eL 5'7/ fP () CJ~O tJA riA ./ /' ~ -, 4,,;; 19 ~)~ . , . . . CITY OF STILL 'VATER lVIElVI ORA~D Vi\- I TO: ~layor and Cay Council ~~ FRO)!: DIane Deblon, Finance DIrector DATE: December 17, 1999 SCBJECT: Property/Casualty Dividend Attached IS some background mformation from the LMClT on the dividend. The League has also prepared a graph for the City of Stillwater that shows the premium and divicend hIStOry by year and a cumulatIve total since 1987. The City received a check for 542,660 for the 1999 divIdend, as It'S share of the 57 millIon refunded to member cines. I \ .rtMc LilGaZUl or }rf...n".ota Cit,,,. c,ti;. P':""obn9 tUCtlU<m"" 145 Cniversity Avenue West, St. Paul, ~l~ 55103.2044 phone: (651) 281-1200 · (800) 925-1122 mn (651) 281-1290 D,IC Fax: (651) 281-1299 · U.ICIT Fax: (651) 281-1298 Web Site: http://,,,-ww.lmnc.org December 15. 1 999 To: )"Iayors and council members of LylCIT member cities From: L).,ICIT Board of Trustees Jim Antonen. City Manager. Moorhead Les Heitke. Mayor. 'N"illmar Jim Miller, LMC Executive Director Karen Anderson. Mayor. Minnetonka Todd Prafke. City Administrator. St. Peter Re: 1999 LMCIT dividends The LMCIT property/casualty program has returned 57 million to member cities as a dividend this year. Members of the LMCIT \\orkers compensation program \\ill also share in a S4 million dividend to be distributed in April. 2000. We'd like to congratulate you on what your city has accomplished by cooperating through LMCIT and by your commitment to reducing losses. . \Ve've enclosed a chart sho\\ing your city's share of this year's LMCIT property/casualty dividend. how that compares with your premiurns. and what your city's past premiums and dividends have been. Each cit) 's share of the total dividend depends on the city's total premiums and losses for all the years the city has been a member of LMCIT. The longer your city has been a member and the more successful you've been in a\ oiding losses. the greater your city's dividend. This is the thirteenth consecutl\ e )ear in \vhich the LMCIT property/casualty program has returned a dividend to its members. Together LMCITs property/casualty and \\orkers compensation programs h:l\ t: returned S 135 million to memhl:r cities since 1987 LMCIT Dividends S 135 million since 1987 S30,OOO 000 S20 000,000 . S10 000000 so '8i '88 '89 'SO '91 '92 '93 '94 '95 '96 '97 'S8 '99 'CO . L~lCIT's premium rates ha\1: oProcerty/casualt'lIlWOrkComp be~n stable or declining over that same period. L~lClT's curr~nt prl:mium ratl:~ lor lIability coverage are lower than they've been since the earl) 1980's. L:-.IClT \\ork camp rates for 1999 are halfofthe 1992 rates. At the same time. L~lCIT has been abl<<: to continue to improve the co\ erage to respond to city needs. '., 1(,11 \! OPPOPTI 'IT' ,\ITIR\l \TI\ r J.(-no, [\lPI r)" r~ ::premiums ::DlvICe'lCs , ) League of Minnesota Cities Insurance Trust . Property/Casualty Program STILLWA TER Premium and Dividend History -----.----- -- --- ----- ------ ---- --- -- ------ 5200 '7: _I U Ll -< ? 1 -../; ,-' / ""7i I /, LJ -, _ J I I 1 I ! 1 I --;7. 5150 -I I I / --/ i i ! L- j ! ! <II I "S! I i OJ _1 I --I <II 5100 I ::> 0 ,I 1 " t= ,'I - ~ ,-- .i .1 I '& 550 'I.:': ,j", -I ... -~i , ';.~ I .. -.. ti J :i !:~ ,r' .:~. ,f: - -1 ~ ..~:t. . ,'If. -~ -.. ;h( .- r- '- ,"- ~..s: - - :- ~ ~tl ?! : " I ! . so '\ ~ ~ w ~ ~ ~ ~ ~ ~ ~ w ~ V $T66~9llll4ST16.fS"~94lllf$176,B04 $1i1lfID-S1Bli:!28~167,915 $181280 $1'71.422 $145 613 ~g-- ~1417 $689~~S45:'l6!lS45ll3"1$45"341~S52.531 $39,710 $:f2.5ll7 $19,197 519172 . STILLWATER Premiums and Dividends since 1987 $2500 -I ------ $2000 __- ~ $2,221,843 --- <II -g $1,500 -- OJ <II ::> o __- t= $1,000 ...- __J $500 ------ 1 so d______ _ /:::- SS7~7" --=-------~.-- ---- ---- -~-- DIvidends Premiums . MAGNUSON LAw FmM r: 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 DAVID T. MAGNUSON RICHARD D. ALLEl'i" MEMORANDUM DATE: Mayor and City Council David T. Magnuson, City Attorney ~ V December 14, 1999 TO: FROM: RE: U.S. West Easement I spoke with Bill Folway of Northstar Land Surveying with regard to whether U.S. West . would be willing to pay rent or other fees for the easement they have requested over the Water Department lot known as Outlot C Liberty Subdivision. Apparently, this easement will be used for equipment to serve the Liberty Subdivision almost exclusively. U.S. West had negotiated with the developer for a site for the equipment, and the developer suggested that since they were donating Outlot C to the Water Department for the water reservoir site, they could also, with the City's consent, make room for the telephone switching equipment. Since U.S. West has proceeded along with the developer on the basis that there would be no consideration charged for the grant of the easement and further since the easement is not as intrusive use such as a cell tower might be, it would be my recommendation that the easement be granted as requested without the requirement of consideration. . /wv ~ MAGNUSONLAwFmM LICENSED IN MINNESOTA A~D WISCONSIN . THE DESCH OFFICE BUlLDI~G 333 NORTH M.IDI STREET. SUITE #202. PO Box 438. STILLWATER. MN 55082 TELEPHO~E (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLE:"i MEMORANDUM TO: Mayor & City Council FROM: David T. Magnuson ~ V December 14, 1999 DATE: RE: Blue Cross The City believes it has a claim against Blue Cross for overcharging with regard to employee . dependent coverage. Both Chantell and my office have made demand on Blue Cross for return of the overcharged funds, but Blue Cross has ignored these requests. Enclosed is a copy of the last demand. Our office would request that we be given authority to pursue a lawsuit for recovery of these funds. We would begin with an action in the Conciliation Court and hope that resolves the claim. iwv . , MAGNUSON LAw FIRM rc(Q)fF>~ . LICENSED IN MI:\1'I'ESOTA A..'Iffi \\lSCONSI~ THE DESCH OFFICE BUILDISG 333 l'ORTH MAIN STREET. SUITE #:!02 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHOIoE. (651) 439-9464 . TELECOPIER: (651) 439-5641 D-\\"1D T. MAGNUSON RICHARD D. ALLEN June 16, 1999 Lorie A. Ellis Membership Specialist Blue Cross Blue Shield of Minnesota 3535 Blue Cross Road P.O. Box 64560 St. Paul, MN 55164-0560 Re: The City of Stillwater, Washington County Group No. CI056-00 Dear Lorie: . I am writing as the attorney for the City of Stillwater to secure a refund of an overcharge made to the City of Stillwater. This claim involves David K. Jacobson ( , former spouse of Cynthia L. Jacobson ( . After being divorced, David K. Jacobson converted his health insurance coverage with the City Group Policy to an individual single policy. David was on continuation coverage and was originally covered as a dependent of Cynthia Jacobson. According to your Bulletin G2-95, if a spouse was covered as part of a family policy before divorce Blue Cross agreed to no longer charge a separate rate when the spouse requested continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). . City records indicate that the City has been charged a separate single rate for David Jacobson since April 11, 1995 until David was removed from the City's Group Policy on April 1 , 1999. The refund due the City in the amount of seven thousand two hundred eighty-five dollars and seventy-fourllOO ($7285.74) and is computed according to the attached schedule. Since David Jacobson elected A WARE coverage while Cindy Jacobson elected Family Preferred coverage, the City is entitled to a refund of difference between these rates. Your suggestion that the City be issued a credit for a four month period between January 1, 1999 and April 1, 1999 is not acceptable. We . will expect a full refund prior to July 1, 1999 and if we are not in receipt of these funds by that date l . . . June 16, 1999 Lorie A. Ellis Page 2 w.e will initiate an action against you for the refund in the District Court of Washington County, Minnesota. Respectfully, David T. Magn Stillwater City cc: Chantel Kadin t . . . RESOLUTION NO. 99-356 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $409,980.51 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 21 st day of December, 1999. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk . . It EXHIBIT "C" CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment with Mainstream Development Partnership (the "Redeveloper"), dated as March 16, 1999, (the "Agreement") and recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Washington and State of Minnesota, as Document !:lumber 3 0 1./ 7 (, h1 . which provided for the development of the following land described in Schedule "A" in the County of Washington and the State of Minnesota, (the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redevelopers have been completed in accordance with all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this day of . 1999. THE CITY OF STILL WATER By: Jay L. Kimble, Its Mayor By: Modi Weldon, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) .' On this day of . 1999, before me, a Notary Public within and for said County, perso~ly appeared Jay L. Kimble and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of ,Stillwater, that the instrument was signed on behalf of the City of Stillwater, that the instrument was signed on behalf of the City by authority of its Council; and the Mayor and City Clerk acknowledged the instrument to be the free act and deed of the-City. Notary Public EXHIBIT "c" t . . . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-356 Ace Hardware Amdahl, Chris Ancom Technical Center AT and T Bjorkman, Todd Bonestroo, Rosene, Anderlik & Assoc Braun Pump & Control Buberl Black Dirt Inc. Buberl, Larry Coca Cola Cole Papers Congress for the New Urbanism Cub Foods Cummins North Central Inc Earl F Anderson Inc. Edward Don Co First Line Beverages First State Tire Recycling George Olsen Construction Gerrard & Co G and K Services Gopher One State Greeder Electric Hertz Furniture Systems Corp. HI Tech Signs Ice Skating Institute Interim Personnel Intermec Technologies Corp International Institute of Municipal Clerks International Personnel Management Assn Jazzy's House of Blues J H Larson Co Johnson Controls Johnson, Ron Kallestad, Kim Krongard, Leslie Lakes Gas Larson, Gem League of MN Cities Magnuson Law Firm Maple Island Hardware Maragos, Charles Menards Metrocall Metropolitan Council Tools and supplies Service call Police Dept Pager repair Telephone Training expenses Inspection/survey Curve Crest Repair pump Black dirt November animal transports Concession supplies Janitor supplies Planning Dept book Concession supplies Check/repair portable generators Snow emergency signs Janitor/concession supplies Concession supplies Recycle tires St Croix Sports Comp/2nd Sheet Ice Street sign banding Uniforms/rugs/mops/towels Locate calls Emerg. generators/lifts/street lights Bookcases Signs for advertising-dome/arena Endorsement fee Engineering Secretary Decoder Annual membership dues Annual membership dues Refund tobacco license Quick release clamps Maint contract city hall Office supplies Supplies scuba diving dry SUitS R-22 leak repair PropaQe Grading deposit refund Insurance Legal services Tools and supplies Grading deposit refund Janitor supplies Sewer pager service January 2000 sewer charges 1,135.77 40.00 68.68 97.67 17.24 13,484.71 145.98 551.14 145.00 1,501.40 104.75 55.45 114.56 380.36 653.64 128.56 992.26 68.40 91,024.00 97.92 2,683.94 5.25 715.00 795.27 3,895.00 25.00 882.00 237.30 95.00 100.00 250.00 87.14 3,015.50 128.59 7.70 45.52 44.73 1,400.00 7,526.00 10,866.08 157.68 4,750.00 37.15 22.57 83,088.00 LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-356 Yocum 011 Company Inc Zepper, Allen ADDENDUM TO BILLS Brake and Equipment Warehouse Coordinated Business Systems Couner News CWP West Corp Ecolab Express Photo Hegrenes. Richard & Mary Interium Personnel Kadin, Chantell LeVander, Gillen & Miller PA Magler, Jeff MN Blue Digital Imaging Northern States Power Pitney Works Quill Corp St Croix Office Supplies St Paul Pioneer Press Stillwater Ford US West Viking Office Products Wardell, Leslie Washington County Woessner, Ronald & Marsha Young, Jennifer Adopted by the City Council this 21st day of December, 1999 PAGE 3 Furnace/fUel Cayuga Lake Country Chapter meetings Brake pads Maint contract copier CI proceedings Squad car washes Pest control service Photo finishing 1999 annex property tax rebate Engineering Secretary Mileage/meals/parking Attorneys fees TownshiplZoning Training expenses Engineering supplies Electricty/gas Postage Office supplies Office supplies Employment ad Repair transmission unit 205 Telephone Office supplies DARE gift certificates Register Notary signature-Weldon 1999 annex property tax rebate Compliance checks TOTAL , . 1,177.59 60.00 192.64 276.16 4572 42.75 226.85 105.89 135.41 537.60 125.64 5,132.63 18.93 268.62 7,281.64 100.54 7.34 228.04 191.24 1,748.36 1,074.41 759.05 85.00 25.00 100.50 108.00 409,980.51 . . . . . , ' MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Corrected retainer for City Attorney for year 2000 DA: December 17, 1999 Discussion: Accompanying this memo is a resolution establishing the salary (retainer) and hospital medical insurance for the City attorney effective 1/1/00. The Council adopted a similar resolution at the previous meeting. However, the retainer was incorrect. The attached resolution contains the correct retainer approved by Council and as included in the 2000 budget. Recommendation: Council adopt resolution approving retainer and hospital/medical insurance for City attorney effective January 1, 2000. ~A RESOLUTION NO. 99-357 CORRECTING SALARY RETAINER AND HOSPITAL/MEDICAL INSURANCE CONTRIBUTION FOR CITY ATTORNEY FOR YEAR 2000 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the salary retainer and hospital/medical insurance contribution for City Attorney David T. Magnuson, for the Year 2000, as shown on the attached Exhibit A, is hereby approved and Resolution 99-344 is hereby rescinded. Adopted by the Council this 21st day of December, 1999 Jay L. Kimble, Mayor Attest: Modi Weldon. City Clerk . , . . . . EXHIBIT A SALARY RETAINER AND HOSPIT AL/MEDICAL INSURANCE FOR DAVID T. MAGNUSON - CITY ATTORNEY FOR YEAR 2000 ANNUAL SALARY RETAINER Effective January 1. 2000: $60,770.00 HOSPITAL MEDICAL INSURANCE Effective Januarv 1.2000 The Employer will contribute up to Four Hundred Ninety-one dollars ($491.00) per month for group health and long term disability insurance, including dependent coverage. . . . ' . CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council IJ~ FROl\''1: Diane Deblon, Finance Director DATE: December 16, 1999 SUBJECT: Waste Management fee charged by Washington County BACKGROUND Washington County has changed the method by which they collect their solid waste management fees for commercial properties. The new method assigns a solid waste management fee based on the market value of the building. . ANALYSIS The municipal building, library building and Lily Lake Arena are all being charged $2,700 per building for the solid waste management fee. Actual waste volume generated for these three buildings shows that significantly less waste is generated than the volume assigned based on values. CONCLUSION Staff has prepared a comparison schedule and filled out the county's form N, which is a request for appeal of the solid waste management fees. Based on the actual waste volumes, the City could save $2,400 for city hall municipal building, $2,200 for Lily Lake Arena, and $2,600 for the library. RECOMlVlENDA TION Staff recommends the approval of the application for appealing the solid waste management fee for the municipal building, Lily Lake Arena and the library. . WASHINGTON COUNTY 1999 SOLID WASTE l\tIANAGElVIENT SERVICE CHARGE Requestfor Appeal: Non-residential Properties Form N . . Type or print with black ink. Call (651) 430-6655 with questions. Property Owner Information . Mailing Address 216 N 4th St Sti llwater. MN 55082 --.................................................................................!............................................................................................................................................................................................................................ . ~~~:~:.:.~.~ ~:...... ....... L9. ~J 1...~} Q.:: ~.~ 9. Q......... ...... ............m... ... .................... . .m.. ..................... m......... ............................... .......m..................... ......... , ..~~~~:!..:~.~~.~~::..~:..~~~ 2 : 8 -: 0 3 O' - : 2 ~ 0 : - ; 4 ~ 2 ~ - : 0 ~ 0 ; 7 . 9 I, -...................-..............................................-...................................................................................................................................-...........-.................... .:.:.~.~:::::..~~~.:::~..........~.~6 4th St N Stillwater f1N 55082 ...................................................................................................................................................................................................................................1 o . . nle ' I ....~~.~~.~~~~~.......~ ~?.~.~.:. ~~.~...~.H.Y.. ..9..f...$.~.iJJ.~g.t~.r........................._...........n............................................................................... ....... ......... ............ Federal Ta'C ID Number (SS# if an individual) 41-6005566 Step 2: Check (,I') the reason you wish to appeal the solid waste management charge. o Clerical/administrative/classification error (please explain): 8 Improvement does not generate solid waste due to nature of improvement (i.e.,parcel has pump station/water tower). . Waste volume removed qualifies parcel for a different category. ;g Step 3: Provide any documentation you have which supports your appeal claim(s) and attach the documentation to this form and return the form and attachments to the Department. If you are submitting an appeal because you believe the parcel qualifies for a lower service charge based on waste volume removed. provide the following for each waste hauler or individual that removes solid waste from this parcel. - A signed letter from the waste hauler or individual stating: I) the volume of solid waste* container that is used at this parcel; and 2) the frequency of service SInce 1998. Do not specify tonnage unless the hauler charges based on weight. Step 4: Sign and date this form below and return it and the attachments to: Solid \Vaste Manager Washington County Public Health and EnVIronment 14949 62nd Street North PO Box 3803 Stillwater, l'vlN 55082-3803 "I declare that the above information and attached documentation is correct and complete to the best of my knowledge, and that I am the property owner or am authori:.ed to submit tllis appeal on bellalf of the property owner. " · Solid waste means un-compacted garbage. refuse and other discarded waste materials resullmgfrom mdustnal, commercIal or commumty aclrvltles Data submllted as compacted solid waste wIll be converted to un-compacted solid wasle usmg accepted conversion ratios. Applicant's Signature. [f you are NOT the property owner, please prOVIde the follOWing Information: ~ame: Date: Phone: . " Address. Relationship to Property Owner' ~.I.t.S;:RS Ill: \LT:l'j~7il..\VI':-'I:F les','.I::u:e \I~n.gemenl ServIce C"or.e'l'J'J'l'I'onn N wpd lDJCl Type or print with black ink. Call (651) 430-6655 with questions. Pro ertv Owner Information L~tName F. N .........................~.gy....9.f...~.~.~.Ll wa te r ; lrst lame , ............................ ...... ...............................................................................m.............................. ........................ ........ ........ ....... I Mailing Address 216 N 4th St Stillwater MN 55082 ~ ! .;~~~~~.~~.~.~ ~...... ....(.~.~ .~.)....~;~~~.~~.~ m...................m............. ............... ............................................................ ................... ...... ..... ................................. : ~ I. ~~;~~~T~~~i~~~~~~~i.~~.;.................~.........r;.....~...;..........=....;..;.....j...;....r~....~....~...T;....r.~.....~....~....;...;...T.;.....; ....~.... ~ "~'."'i ..~... ...:...~...... i ..~...... i i ...... .. ... .. ..... -........ -.. ....... -.. ....... - -.. .....- .........-.........- ................ ...-......... ........... ......... -.. ....... - ......... -....... .. -......... - .. ....... -......... - .......... : 1t:~~i~~~;.~~~~~~~~~1~i:~!~~:t~~~t~~~:~~5:~_~::~~=:=~~~~:.:~~:::=::::=:::=:::~::::::::::::::::::::::::::::::::.~:::.~:::: : Federal Tax ID Number (5S# if an individual) 41-6Q05566 WASHINGTON COUNTY 1999 SOLID WASTE lVIANAGEMENT SERVICE CHARGE Request for Appeal: Non-residential Properties Form N Step 2: Check (.I') the reason you wish to appeal the solid waste management charge. o Clerical/administrative/classification error (please explain): () .'0 Improvement does not generate solid waste due to nature of improvement (i.e.,parcel has pump station/water tower). Waste volume removed qualifies parcel for a different category. Step 3: Provide any documentation you have which supports your appeal c1aim(s) and attach the documentation to this form and return the form and attachments to the Department. If you are submitting an appeal because you believe the parcel qualifies for a lower service charge based on waste volume removed, provide the following for each waste hauler or individual that removes solid waste from this parcel. - A signed letter from the waste hauler or individual stating: I) the volume of solid waste* container that is used at this parcel; and 2) the frequency of service SInce 1998. Do not specify tonnage unless the hauler charges based on weight Step -4: Sign and date this form below and return it and the attachments to: Solid Waste Manager Washington County Public Health and Environment 14949 62nd Street North PO Box 3803 Stillwater, rvlN 55082-3803 "1 declare that the above information and attached documentation is correct and complete to the best of my knowledge, amI that I am the property owner or am authorized to submit tllis appeal on bellalf o/tlle property owner. " · Soltd wasle means un-compacted garbage, refuse and other discarded waste materials resultl11gfrom industTlal, commercial or commu11lty actlVlties Data submitted as compacted solid waste will be converted to un-compacted solid waste USl11g accepted conversion ratIOs Applicant's Signature. I~.are NOT the property O\'iner, please provide the following information. ~ame: Date: Phone. J Address: ~elationship to Property Owner: : 'USERS HEAL TII'JRTR.\ VI'~!vFllcs\'.'3.SIC \lma!;C'l1Cnl S~""ce C:,;u-!;CII??"lr'>n" 1'1 "pll :OJCj WASHINGTON COUNTY 1999 SOLID WASTE lVIANAGEMENT SERVICE CHARGE Request/or Appeal: Non-residential Properties Form N , , Step 1: Read and complete this form Type or print with black ink. Call (651) 430-6655 with questIons. PropertY Owner Information .~.':::~..~.~:...~.1.~Y.. .~~.~..ll wa ter Pub 1 Lib First Name ~a.._..__... ............... ... __.........._.................. .. .. .. .__................._................................................................................. .... ..... ............................ . . :::.~.~~~~ .~..::. ~ ~.~:~.~........~. ~~....~...~ ~.~ ... ?.!.. .?~.~J} ~~.~~.:.... ~~... ??.9. ~.?.. ....... .......... ......... ................. ..... .....m ........ 'm'" Daytime Phone (651) 430-8800 ..................................................................................................................................... ......................................................:...................................~........................._.........................~........... ... ParcellD Number (PID) 2 ~ 8 0 3. 0 2 . 0 1 : 3 . - 0: 1 . 5 . 1 ~ ~ ~............... ........~. ........ ~~. ........... ~ ~.~....... ............ _.~......_...... .~. _........... _... .... ...._....... ..-.... ... ..... ..~..... -.............._~............ -_........~ ..-.. ..-. ...................... ~. .........._..... ....... _...~.. ~ ~ ..~.. ...~ ......;. ..... ..... .... .04. . Property Address 223 4th St N Sti llwater t4N 55082 .....~......................................~...................................~...........~.................................~............................................................................._..........~...-.........~.........................................~................................... .~~~.~:.:~~~~~~:ompany ~ame Ci ty of Sti 11 water .._..................~..........................................................................~....~....................................~...................................~...........................................................~~........._.......~..~.................................... Federal Tax ID Number (SS# if an individual) 41-6005566 Step 2: Check (.I') the reason you wish to appeal the solid waste management charge. o Clerical/admInistrative/classification error (please explaIn): o Improvement does not generate solid waste due to nature of improvement (i.e.,parcel has pump statIon/water to\\ler). . Waste volume removed qualifies parcel for a different category. ~ Step 3: ProvIde any documentation you have which supports your appeal c1aim(s) and attach the documentation to this form and return the form and attachments to the Department. If you are submitting an appeal because you believe the parcel qualifies for a lower service charge based on waste volume removed. provide the following for each waste hauler or individual that removes solid waste from this parcel. - A signed letter from the waste hauler or individual stating: I) the volume of solid waste* container that is used at this parcel; and 2) the frequency of service since 1998. Do not speCIfy tonnage unless the hauler charges based on weight Step 4: Sign and date this form below and return it and the attachments to: Solid Waste Manager WashIngton County Public Health and EnVIronment 14949 62nd Street North PO Box 3803 ' Stillwater, MN 55082-3803 "1 declare that the above information and attached documentation is correct and complete to the best of my know/edge, and that I am the property Owner or am authorized to submit this appeal on behalf of the property owner. " '" Solid waste means un-compacted garbage, refuse and other discarded waste materIals resultmgfrom industrIal, commerCial or communzty aCI:'lllles. Data submmed as compacted solid waste will be converted 10 un-compacted solid waste usmg accepted converSIon ratIOS Applicant's Signature I f you are NOT the property o\\ner, please provide the following informatIOn: Name: Date. Phone: . ~ Address RelationshIp to Property Owner M 'l.:SERS' HEAL n 1'1R~ \" r:-'h F'le" \Ii:lSle :-'lanagemenl ServIce Char,;e' I ??'l'l on" N 'vptl : OJC I . . . TOWING LICENSE The City of Stillwater, Washington County, Minnesota hereinafter referred to as "the city", hereby grants a towing license to Stillwater Towing, Inc. hereinafter referred to as "the company" and the license shall be on the terms and conditions set forth in this license and subject to annulment and revocation as provided herein. I. EQUIP~IENT. The company must provide eqUIpment that includes at a mInImum: a. Equipment to handle all vehicles including those with fiberglass bodies. b. Vehicle dollies or flatbed for towing vehicles that cannot be moved by conventional means. c. Equipment of sufficient size to handle semi tractor trailer vehicles or in the alternative have the ability to provide this equipment to a location within a reasonable time period. d. Equipment needed to sweep and remove accident debris and also equipment to jump start vehicles. e. \Vinching equipment of sufficient size and strength to winch vehicles of tractor trailer type or ability to provide this equipment to a location within a reasonable time period. f. Emergency lights conforming to standards set forth in the Minnesota Highway Traffic Regulation Act and from time to time promulgated by the Commission of Public Safety of the State of Minnesota. II. FACILITIES. The company must provide storage for the vehicles it tows and these facilities must include at a minimum: a. A vehicle storage lot within the city or within a reasonable distance from the city. The storage lot must be secured by a 6 foot fence with a lockable gate. b. The storage facility must be large enough to store 15 cars. c. The facilIty must have indoor storage in order to protect vehicles from inclement weather when necessary to avoid damage to the vehicle or when indoor storage is ordered by the police department. d. The facihty must have secure indoor storage that consists of at least one . , stall that is totally secure, even from employees of the company. These stalls are used for the storage for vehicles that are to be held as evidence or that may contain evidence and are awaiting a search warrant. . III. Ii\IPOUND ANn RELEASE PROCEDURES. The towing company must agree to abide by the Stillwater Police Department's policy and procedure directives dealing with the release of vehicles to citizens. They must further agree to abide by "hold" orders issued by members of the police department. The companies and their drivers must agree to abide by the requirements of the police impound report filled out by the officer at the scene of the tow. IV. RESPONSE TIME TO THE SCENE OF TOW OR TO IMPOUND LOT. All tow companies must agree to a minimum response time of ten minutes to the scene of a requested tow or to the impound lot, or unless a longer period is required because of a need for special equipment. V. RESOLUTION OF COMPLAINTS. All tow companies must provide to the Stillwater PolIce Chief a procedure for handling citizen's complaints dealing with the tow service. This procedure must be submitted within 30 days of the granting of this license. VI. CRIMINAL HISTORY AND DRIVING RECORD CHECKS. All owners and drivers must agree to a criminal history and driving record check and a history . of theft or drug related crimes and any convictions for DWI, reckless driving or repeated speeding violations shall render that driver or owner disqualified to provide any service hereunder. VII. INSURANCE. The company shall carry and keep in full force and effect general liability insurance to include coverage of any damage to towed vehicles, and proof of this insurance shall be on file with the city prior to the issuance of this license. VIII. CLEAN-UP. The tow dnver shall clean up the debris at accident scenes. IX. INSPECTION. The eqUIpment and facilities of the company shall be subject to inspection by the Police Chief or his designee to insure compliance with the provisions of this license. X. NON-EXCLUSIVE. This license shall be non-exclusive and shall not preclude the city from granting as many additional licenses as they see fit. In the event of additional licenses, tows will be divided among the companies according to the interests of Public Safety as ordered by the Police Chief. XI. REVOCATION OF LICENSE. The breach of any covenant or condition contained in this license shall be grounds for revocation hereof. The revocation shall be ordered by the Stillwater Police Chief and any company that feels aggrieved by his decision may appeal hIS decision to the City CounCIl where the . . . . company shall be entitled to a full hearing. Granted this _ th day of , 1999. By: Larry Dauffenbach, Chief of Police Attest: Morli Weldon, City Clerk State of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Onlv Amt Pd Check # Date Initial s .G214PPR Printed: 11/2/1999 License Number: B-02002-015 Effective Date: 3/1/1998 Expimtion Date: 2/2912000 Name of Organization: Climb Gamblin~ Premises Information Name of the establishment where gambling will be conducted Harbor Bar 517 N Owens St Stillwater, l\'IN 55082 County: 'Vashington Note: Our records show the premises is located within the city limits Lessor Information Ed Schmidt 11770 Dellwood Rd N Stillwater, l\'IN 55082 Name of the property o~ner (If different): Eks Inc Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: 9.00 800.00 . Bin~o Activity Our records indicate that Bingo is not conducted on these premises. Stora~e Information 560 X Rubed St S';:-7 ~e/'J~"'T). Rd St. P~l1:tl,:\~ 56101. ,Lfl.ldSo.", t,Ui S,/o;f. Bank Information Vermillion State Bank 107l\'lain St E Vermillion, l\tIN 55085 Gambling Bank Account Number: 022875 On the lines provided below list the name. address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gamb ling account The organi~tion's treasurer may not handle gambling funds. Name Address Title (Be sure to complete the reverse side of this application) ThiS form \\111 be made avall.lb1e m altemau"e format (Ie. large prtnt, braille) upon request. Page I of 2 (Contmued on Back) Minnesota Lawful Gambling Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activi Name of Legal Owner of Premises Street Address City Zip Daytime Phone SS(:)PJ. S IZ Zip N. Name of Lessee (name of organization leasing the premises) L Rent Information · Total rent cannot exceed $1,000 per month for all non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. · An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ 800 ~_ (If no rent is to be paid, indicate-O-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s}, and (2) the dimensions. Dimensions The leased areas are: For Premises Permit Renewa'-Ap~lications Only: 'If no c:;hanges have been ma~attlie'srt8r you do not have to complete. thu? s~o~ o~ provi~e a sket~h.. feet for a total of square feet. . feet for a total of square feet. feet for a total of square feet. feet for a total of square feet. feet for a total of square feet. Combined total square feet. feet by feet by feet by feet by feet by Storage Storage Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. _ Paddlewheels Term of Lease The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. ~Pull-Tabs _Raffles _Tipboards Amended Lease Only If this is an amended lease showing changes occur- ring during the term of the current premises permit, write in the date that the changes will be effective -1-1_. Both parties that signed the lease must initial and date all changes. QuestIons on this form should be directed to the Licensing SectIon of the Gambling Control Board (Board) at 651-639- 4000. This publication will be made available in alternative format (Le. large print, Braille) upon request. Hearing impaired individuals using a TIY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. The information requested on this form WIll become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. . Page 1 of 2 1/99 . CLIMB TheaCre, Inc. 64 J5 Cannell A~. E. Inm Grove Heights, \iN 55076 (651) 4S3~9275 1-800-767.9f60 FAX: (651) 453.9274 www.climb.org climb@goJdengate net . , ~~~ ~~ , CLIMB Theatre Fax Cover Sheet Date: /~ -i:-,': ,.# Pages (Including Cover): ~ Attention: ,.'(X\ ~. . Lt )~ . ~ ~ f:.~-.d~~ Fax No.: "- . . Telephone No.: ~~ id.I..y ata..IMBTheatre Message: ~' r- a.d.,Q ~ 12c.: ~. I~ f-~ 'i14Jr8L- ,8 d..<-, .pl~~ .7:~.4.J . (}J~ ~ ;f:L- tL~ ]'I~~~J: ,'. ~~t- </S3 -9~/S eXT 2.-b , ..# ~ , " Climb is Creative ~~rning Ideas for Mind & .Body . Customer Oakland area Stillwllter JH Stclnebf1dge Anderson Elem Armstrong Hillaide So Wash F"aest V10w Southwest Jr High Tilden Mahtomedl Comm ed MN Tourettes o H Andersen OHAt1d8r$on Wildwood Elern Newport EJem Castle EIem SkyvIew Community The Partnership Sc8ndla eern SCSndia Elem enVironmental 8ervleos Mldc:leton Sam. Schl Lake JIY Royal Oaks Elem Royal OaM Elem Vedfey CroNlng Valley Crossing PIne Hili EJementary Washington Oou~ Envlronmental Stonebr1dge Elementary Washington County Environmental lillyLake Afton Lakeland Elementary $chooJ Andersen EJementarl School Crettvfew E!emenWy SChool Grey Cloud Elementary SehooI Hillside Elementary School Lake Elmo Elementary o H Ander.lon Elementary WildWcod Elementary Newport Elementary SchOOl Valley CroslIn; RoytJl Oaks eJementlry Va'ley Croaing Woodbury Elementary 7; m~- W~ ~.'.. 1.,999 - . , Stil~: Sti~. S~-' =~ c~.. C . "",,- '" F ,'- ForwtiIke Haitin~ . , ~, ...~ M~' Mab~M. M~' NtIwPitf.' : 08~':'" eakOafit ~\ : ~ scaridti ' s~.. ~.. Wa "", Cty w~, w:=" . ," W 't' o.- ..~."". W~KJJ. ~. W~, . ~~'4.J: .' W . ~. .' <, 199':*0 . . ' ff." ...- Stil.'f '. StillWiilf IJ', s~:-'" Stll~'; , Stiu.-iiili, " Ab~l.,. ~,'-': wv.~~i! Co~. Coh;;~riOv. ' c~ Lake.",; . M.~ Mat~:, N.....~..-: -..vr~, ' ~ ~~ '...._..~~... ' W~J'< ~: -. , . , . . . , . m MN MN MN MN MN MN MN MN \otN MN MN MN MN MN MN MN UN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN Billed Receivables Contract - 6732 6698 e788 6782 6767 6795 6686 6769 6614 6563 8592 6S66 1!Il75 6781 6632 6771 6582 6524 6544 6482 6794 Mutt 6770 6520 6682 67i2 eeeo 6660 p - S9S6 P-7006 P - 6961 P - 7039 P - 6961 ~ - 7038 f' - 8993 P .6976 P . 6992 P - 7Q02 P-6966 p.ese.c T -6931 P - 6987 P - 69XX P -7019 P - 8958 P.6961 ~ Procuam 297.00 ~ ~ 659,00 659.00 ~9.00 659.00 869.00 297.00 ',035.00 20700 480.00 1,600.00 e~9.00 2,600.00 659,00 65900 e44 00 1,107,00 580.00 869.00 2,087.00 2,087.00 2,700.ao 65900 1,318.00 5e900 2~.918 CO ~. ('5 2~0.OC o. ~ 340.00 700.00 340.00 340.00 340.00 340.00 340.00 3,200.00 340.00 680.00 340.00 1,380.00 340.00 15.340.0C! 41,258.00 . , . . . . . . . . SOUTH WASHINGTON COUNTY SCHOOLS Special Services 8400 East Point Douglas Road South Cottage Grove. Minnesota 55016-3324 PHONE: (612) 458-6670 FAX: (612) 458-6689 January 19, 1999 Climb Theatre 6415 Carmen Ave. E Inver Grove Heights, MN 55075 Dear Climb: Thanks so much for your recent presentation to our leadership team in South Washington County. We are going to work hard on getting some grant monies to help us with getting your classes and instructional support in our school district. Also, if you get any grant ideas and could use a cool district, think of us! I also appreciate the Climb T-shirt you sent. Your group has become so diverse and you continue to grow and challenge us. 'Cheers' to Climb for your outstanding support to people with disabilities. Sincerely, ~1Wt ;(.~ Barbara L. Troolin, Ph. D. Director/Special Services cfl . . SPECIAL SCHOOL DISTRICT NO.1 M ~,IOP~N~~O::: POL I S PUBLIC SCHOOLS . November 10, 1998 KENWOOD ELEMENTARY SCHOOL 2013 Penn Avenue South Minneapolis, Minnesota 55405-2497 Telephone: (612) 627-3205 Peg Wetli, Executive Director CLIMB Theatre, Inc. 500 N. Robert Street, Suite 220 St. Paul, :MN 55101-2226 Dear Ms. Wetli, Kenwood Elementary School reflects the socioeconomic, cultural and racial diversity in the city of Minneapolis. We have 513 students enrolled in kindergarten through 6th grade. Sixty-four percent of our students participate in the free and reduced lunch program. Our attendance area covers 35 square miles and includes six district neighborhoods. I am a teacher of a 4th grade classroom, currently 27 students with a cross section representative of the school population described. A program such as CLIMB presented with concepts and active involvement on a theatrical level has a . wide appeal to all learners. These actresses/actors are highly able to motivate with creativity and imagination and maintain a high energy level throughout their presentation. They are very good at imitating adolescents with "current" jargon easily recognized by their audience. The performance given in November of this year to my class addressed concerns I deal with on a daily basis such as laughing at others, feeling left out, put-downs from others or through self-talk and taking anger and frustration to inappropriate levels instead of addressing it at the source. I especially was impressed with the teachings regarding empathy and the character who played someone's "mind" thinking out loud. It was only a one-time performance, but I know the more often we share this knowledge and the more often we practice positive behaviors there is a greater possibility it will become part of our daily experiences. CLIMB helped me by showing yet another way to learn some of life's very important lessons that go beyond the academics and seem to be a necessary part of any classroom I have had in my 27 years of experience. I strongly recommend this program. Very sincerely, /~<c ~ Carol Lauder 4th Grade Teacher Kenwood Elementary School . CL:kh - Intermediate District PllrfJltr ill EdtlCllatfll Serving Member School Districts: Bloomington Brooklyn Center Eden Prairie Edina Hopkins Mlnnetonka Orono Osseo . Richfield Robbinsdale St. LOUIS Park Wayzata Westonka InVEST 8901 Wayzata Boulevard Golden Valley, MN 55426-1305 TEL: 612.544.8739 . i I The district IS an equal opportunrty I educator and employer I I 1 _ CLIMB Theatre, Inc. 6415 Carmen Ave. E. Inver Grove Heights, MN55076 June 3, 1999 JIO CXl -l ..., m ,.,~. ;;: @ ~Ul>-,,-CXl l;)::><1O~8 ~ @.. en:;] -" o.5.~;t~~- -".0 JIO CXl = ... ~ ~~ent::l~i!Cl ~0;t-o~6l'-t .OCXlQZa> r87t;l~U1! U1~-o~~. ~ . to h ~ 0- o U1 3 -0 "'0 ~ :s [ Et 6' i~ [~ ~ci if~ Dear Ms. Wetli, This is the 3rd year that CLIMB has been part of our curriculum and each year is different than the last. We are a small alternative high school program (35 - 40 students); our students have not been successful in large high school settings and all of them face many challenges on a daily basis. These challenges include mental illness, low academic and social skills, serious family problems, and emotionallbehavioral disorders. It is frequently difficult to break through some of the walls that our students have erected over the years, even though we know that be- neath the tough exteriors are sensitive souls. The women from CLIMB have been a delight. This year Gretchen and Wendy, like their predecessors, came in and showed the students that it's fun to play, that we can drop our defenses, and interact with people that we might otherwise ignore. CLIMB staff did an excellent job of setting boundaries for the students in the areas of language, topics, and general behavior. Some of the staff comments include: "I was able to get to know some of the new students..." "It was amazing to see some of the quiet students come alive when they could be someone else..." "Some of the students are so creative and spontaneous during the improv exercises..." "It's good to see "Johnny" in a different, more positive light. He's often so difficult in the classroom, but he just shines in CLIMB..." In my opinion, I was able to observe students from different social groups pay a bit more attention to each other during classroom and break time. There was more "cross-group" conversation and socialization once the students realized that there were talented classmates, previously unacknowledged. In short, those students (and staff!) who were brave enough to step outside their comfort zone all looked forward to Wednesdays when we could, as one student said, "kick back and just be goofy!" When I was , . ~ Saint Paul Public Schools LIFELOIIG LEARIIIIIG Adams Elementary Spanish Immersion Magnet School 615 Chatsworth Street South Saint Paul, MN 55102-4038 . Telephone: (612) 298-1595 Fax: (612) 29~.1598 October 23, 1998 Peg Wetli Executive/Artistic Director CLIMB Theatre Company 500 North Robert Street Suite 220 St. Paul, Minnesota 55101-2225 Dear Ms. Wetli, I am the curriculum specialist at the Adams Spanish Immersion School in St. Paul, Minnesota. As curriculum specialist, I am in responsible for finding and scheduling quality programs for our elementary students which will enhance our curriculum and their learning experience here at Adams. In the past several years, we have had several residencies and plays focusing ~n violence prevention (Peace Rangers, Ouch!, Owie.~ and substance abuse/refusal skills (Grounded). These have all been top-quality performances, with important messages imbedded in high-interest, grade-level appropriate formats for children. Children are quick to catch on to the rhythmic messages chanted repeatedly in each of the performances, and I hear them repeated over and over again by the children in the weeks that follow the actual performance. Teachers have responded enthusiastically, as well, to the CLIMB Theatre performances that we've hosted, and are always eager to have their classes attend future programs offered by CLIMB Theatre. I'd like to express my"thanks to you for continuing to offer such high quality programming in areas that are often difficult to approach with children. CLIMB Theatre 'addresses these issues in a colorful, straightforward, informative format that is very appealing to children. Thank you for your continued work in developing new and relevant programs, as well. We think you're great! Sincerely, . ~'~ Heidi Bernal . , . . South Grove Elementary School Inver Grove Heights Public Schools Independent School District 199 76f:lJ Clayton Avenue E. Inver Grove Heights, MN 55076 Roberta Azari Principal 612/457-7265 January 29, 1998 ..... "r .... - . III . . ~. 1.t:g h tall, .t:.....e~uLl Vt:1 rutlStlC lJiieCi:vI CLIMB Theatre Company 500 N. Robert Street Suite 220 St. Paul, Minnesota 55101-2226 Dear Peg, . I am the principal at South Grove Elementary School in Inver Grove Heights, lVIN. The school houses approximately 430 students in kindergarten - fifth grade, including a diverse population with a variety of special needs. We were very fortunate to have Rachel and Suzie from your organization co_me to our building with a self-esteem residency during the week of January 51h - 91h. This, as well as every other program through CLIMB Theatre I've ever seen, was outstanding. Rachel and Suzie visited every classroom throughout the week and built relationships with many of the students. One young third grader even got up and left the lunchroom when she saw them leaving the cafeteria for their lunch break so that she could give one of them (I'm not sure which one....) a hug on their last day. And I participated in the second session in one of our fifth grade classrooms and was very touched with one of our "special needs" kids who had had a less than successful experience the day before when all of ~t!r fifth gradprc; had gone skiing. The teachers had felt so bad hecause he was unable to advance beyond the very basics of skiing and could not go down the more advanced trails with the others. However, when asked to sculpt something from tin foil that was a part of them or something they enjoyed, he made skis and said that he had loved skiing! Self-esteem plays such an important role in a child's success. I feel that this recent residency did a great deal for our students at South Grove. Thank you for making this possible. I will continue to pass the good word about CLIMB Theatre's great programs. And I only hope that our paths will cross again soon. Si~cerely, / v2~ //- ~v1/ . Roberta Azar ~r' Principal . . . . . Mem.ornndmn To: Mayor Kimble and City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 12/17/99 Re: Parking Vehicle In the 1999 capitol outlay budget, there was money budgeted for a scooter type vehicle for parking enforcement. With the direction of the parking program, I believe the City would be better served with a small pick-up truck. The Ticke- Trac System is working wonderfully and the computer upgrades in the budget will not be needed. That leaves $26,500 available. The state bids are now out for the year 2000 vehicles. I would like to purchase a Chevrolet S-10 4x4 vehicle for parking enforcement. This will be identical to the new eso vehicle approved for the year 2000 budget. The total cost of the vehicle is $23,142. This includes the vehicle with a 6 year extended warranty, topper, bed liner, graphics, emergency lights and installation of emergency equipment. I expect this vehicle to service the City for 10 years. Recommend approval to purchase a Chevrolet S-10 pickup truck for parking enforcement off the state bid. 1 . . Purchase Proposal for Parking Enforcement Vehicle I ------ --, - -- I - - - ---- - - - - - T- I : , : I , i I __~~~g~~r~~~~!J~y--=-S~~~~-B~------- --- _ _ _ -i _ - ____ ____---120q9 _ ~hev_roJ~t_ ~-1~ (~~e_~~_~_~t_~~~~~) i _ ~~ 8,885.00_ ______J__ - - __ --J! __ ___ Bed Liner 'Rhino Linings $350.00* --- I ______ ! . Vehicle I Topper! ,Dura Top --- -r-- -i - -- ~ --- -- -- --- , I __ Graphics --_--1 Grap_h~x_,S~~p'pe __ _ _ __ _ _ _ ___ _ __; ____ $270.00* lights !___ u_ -+ieac?mt-_~:--_---~--~---- - -1_$1,3-'77.00- I I I fn~tall -1- iAncom I I . I Sales Tax :*(Approximate) Tota,-r- -: - -: ~ --- --- $800.00* $1,200.00* $260.00 $23,142.00 . . 1'~d4/~:-:J lU ::)~l . H ::a= u = e: ,>- =- .... = .U . lU:~GG~c8kc~HI L~cV~U~cl r-~,~ :~1:::- (~..~:-oc: 1 ,-l~bc ~ Pro pared for: STILLWATER POLICE OEPT Atto CINDY 216 N 4TH ST STILLWATER, MN 55082 Work (651) 351-4930 Fax (B51) 351-4940 Prepared by: Bob O'Hara .. Eggebrecht Chevrolet Bob O'Hara 4183 Haines Road Duluth, MN 55811 Phone. (218) 727.7481 Fax' (218) 723-6811 C H E V R 0 LET I (,fli('!(' ,\'IIJJ1Jl1lll:1' CODE CT10653 1SF lSZ Z85 C6F FE9 M30 GU6 G80 8U4 OBF ZBF AM6 CGO Z03 UM7 A28 U16 V02 TFD lY! , r.. ....1 ~~.f: ;~'.. I:' · ~~ 1t~ J._." ...,. MODE\... 2000 4WD 5-10 PIckup Ext Cab 6 l' BOl( Fit Prelerrod Equipment Group 1 SF Preferred Equipment Group DI6counl 88SB Decor Floctslde Body Incrcaned CapaCity Suspension Package 5150 Ibs GVWR Federal Emission Requlfoments No Emiaslon Override Deslr&d Vortec 4300 V6 SFI (Includes Englne.\ TransmisSion 011 Coolers and U 16 Tachometer) 4-Speed Automatic wIth Overdnve ElectromCAlly ConI rolled (Inch; Bntke Tran6miealon Shift Intorlock) 3 42 Rear Axte Rallo LocklnQ Dlff~renhal SED Engine Block Heater Provides an Engine Block Healer and Hook-Up Cord Included In V10 Cold Cllmale Package Lead Tlma IS 4 Weeks '5" x 7" Stool Wheels Palntod Argont w/81ack Centor Cap P235/70R-15 All Se9son6 DI~ckwDII Steel Belted Radial Ply (Incls Front, Rear and Compact Spare) P235/70R.15 All Seasons Blackwall Full Size Spare Tile (Incls Steel Wheel) 60/40 Split Bench Soet w/Arm Rost (N/A w/L35 & M50 or 1SF and C'10'OJ) Air Condltlonlllg CrUise Control and Comfortllt Sleerlng Wheel AM/FM Sloroo ETR w/SaS, Drgltal Clock SlidIng Rear Wmdow Tachometer No Holdback Withheld BId ASSIstance Relall Amenity Dolote ThIS Ophon Includes a CredIt for a Full Tanlc 01 Fuel No Special Paints DeSired Solid Pain! MSRP 18,76200 (226 00) N/C N/C N/C N/C N/C N/C NIC N/C 1,09500 N/C 270 00 3300 N/C N/C 9500 (250 00) 805 00 385 00 226 00 120 00 N/C N/C N/C N/C N/C N/C Page 1 O/9C.".,bcr 14 1999 ~:g 7~3 621: '-, :f I -.J .:>/- 119(( 0 P.02 r~C-14-1?~? C~.~8 :::C::' 12/14/9::) 1.:3.JO ~ =-= c.:a = e: >- =- ..... = U . L) :t:.'..\.J.Jt:.t:'l-d::~H I t,-ir::i.'hU_t:.l -Hi{ .21<::;- (c3-')b1l ..JHGc. 2 . Proparod for: STILLWATER POLICE OEPT Attn. CINny 216 N 4TH ST STILLWATER. MN 55082 Work (651) 351-4930 Fax (851) 351-4940 PropAred by. Bob O'Hara .. Eggebrecht Chevrolet Bob O'Hara 4163 Haines Road Duluth, MN 5581' Phone (218) 727-7481 Fax' (218) 723-6811 . CODE ,9U MODEL Indigo Bluo (Met) No Lower Color Avalleble No Slrlpe Available Graphite Delulle Cloth No Stnpe Color AvaIlable SUBTOTAL MSRP N/C N/C N/C N/C N/C 21,32500 12H DLRl GMPP DEALER/SPECIAL OPTIONS 'I MUD FLAPS General Motors CommerCial Protection 6 years or 60,000 mile SerVIce Contract o deductable SUe;TOTAL ADJUSTMENTS DESTINATION CHARGE TOTAL PRICE ($) 1,81500 000 535 00 23.8711,00 7000 1,74500 EPA City 16.0 mpg EPA Highway' 21 0 mpg EPA HIghway CrUlsmg Range '118 ml ) / These pnces may not reflect the ulllmate vehicle cost In VIew of future manufacturer rebates, allowances. Inconhvos. etc Prices and specifications subject to chango WIthout notice Federal, state and locallaxes ex1ra An astensk ("] Indicates that the options have been allored by the dealer All sales prices established solely by dealer The graphiC printed on lhlll raport mAy not renecllhe vehIcle chosen . ReVIsed 11/2<\/1999 i11 d fill [e ~ II d J tV!. rl IJ'VVlt LA WAIl I, J -r ~ . n1uJ rIA-f) / ~ (; 1 ~ In I D_~ ~ _3")0 v '71) fJ-1 ~r ~ TAL. I 7 J I (). 0'1. __. G YvJ f' (J . __ _ _m ___1_ ?~,) ~ l~_ -----..----- loiAL I ~ )(;5' V' _a.. __ .._~ . Paqo 2 Documoo-''''999 [I=C -14-1 :::::: , . ..... -- ~:e 7~:J 691_ qt:". P.02 '.121e9/g9 IIlL 16:07 h\.\ b:i1429070J . . HhlllO LUlllIgS of lIB. llle . r 9.1'4--' r Rhino Linings@ J . .,~ "E' j of White Bear, Inc. 3630 Scheuneman Road White Scar Lake, MN 55110 (651) "26-0998 . F^X (651) 4~9-0703 Toll Free 1 (877) 426-0996 www.rhlnollners.com Estimate Application: Chevrolet S-IO Pick-Up Trucks (2) Protective CoatIng (111 either black or charcoal) in the inside of the pick-up box and over the top of the rails. Cost: $350.00 a truck Tolal: $700.00 fOl both Trucks . !l / :. \ \ . DEC-0?-19S9 15:25 6514290703 9E~; III 002 P.02 , , . URA* OP HIGHWAY #-101,IORIH ROGERS, MI""ESOTA 612. 428 · 2611 (<, ':) iZi;cCIJ-JDOU DR- P~_~~~aM_ ,,/ '- - A{ L~ :<7G SOLD TO: "~.:~ /l,IC!-ff\I.:L~ /}{ ::> ~~ PHO"EL/;;<i_/~/l/ AD ORES S Sil U(;;;y=; ,=-:;C-pil t-!-;" ~ -:--- D,: ,) r; DATE ORDERED: I f SALESMA": /.l/,t:(:; T Y .? _ ' t (- - / DATE PROMISED: -J ... . """.......~ ,"'- MODEL: CONTOUR ALUMINU~ CONTOUR PANELED' I"SULATED___ DUTDOORSMAN___ FIBERGLASS___ AERO-AISE___ CONTOURED OUTDOORSMAN___ TRUCK SPECS: YEAR] 7 I WINOO"5: MAl E/b 11;--:' \ " .....,... I "..,- ,. C^B MtGl E____ CARGO RADIUS H[IGH~)i/' WIDTH;' j , .r " I "DOW 'x'- 5 LI 0 J Veo~62- L [ " G T H I~ ,,:- 510E: FRONT: PICTURE J5D ,111/ r.'v/,l[l ~tL/ 2- QxvvtL-l&f/J-ftL, ~ ft:(2 - C{ ? 7- ~2 ~2- OPERAS DOUBLE BUBBLE: SOLAR___ COPPER___ BLUE___ ~ COLOR: ROOF:S/}....,\/r=:D I ~ 1-' , REAR DOOR SIDES HALF BACk FUll lACK SPECS: Dou)L:-"'~ ~ '\'it, tJ '_ {_ tJLJ,t. ( .. _, TRUCk lED LENGT.H c.}~ DOOR WloTH~ OPTIONS AND SPECIAL INSTRUCTIO"S: "') 1/ CO r- \ I :~ \1 T L -- & '( f.... I CUSTOMER SIGNATURE DATE OELIYEREO-: ~ SERIAL' F;:"Lji 1 GRHF i.', SHUPP!:: I-H',III-'. . b:~l 1:,8_, ';1, \1' l'ce. 09 1 ':II?? [1.\' I~t:-P"'J F 1 . ~~~~ '. l ~~fi?J1;;"' ... ~ . \.V~ == 3240 Mike Collins 0, Eagan, Minnesota 55121 Quotation \ 6.- v\ '~l'\ ~/' , .s h~~\'/ -- ~. . '. '.'~ . 651-683-9665 Fax 651-683-9740 Toll Free. 888-683-9665 " , " ' " .' ....11. . . . Date 12/9/99 Quote No 1 crms r-OB Delrvery' Quoted by STfLLWA TERPD Net 30 Our dock 1 Week Shawn Donovan TO. Cmdy Jacobson SlIlIwater Police Department 212 North 4th St Shllwater, MN 55082 Phone 651-351-4930 Fax 651-351-4940 Thanks lor Ihe oppoltUnlty 10 quote the following . ,""~ ,I ., .-,. ,. .. .. :.f. . ~III. i" " , .I: : ':1" . , :', . ", . " I." . . , , , , , ." I .,' ITEM NO. aTY DESCRIPTION UNIT PRICE TOTAL A 2 Cuslorn Squad Markmg Kits lor Dark Blue $27000 $ 540 00 2000 Chevy S-1 0 Extended CDb PtU Trucks For Parkmg Enlorccml?nt ::lnd Communlfy Service Orrrcer Subtotal $540 1')0 Tax r,,(e (%). Sl1ippl1lg Total $51\0 00 . CEC-O?-19?3 16:09 '3= J ';9'3 ?7ol(' p.Ol '0 "ff<flOt. / ~~ ';;i1fO 7C0 " 5'f/l/ / ;:; ~ /2/lcI17 . If if /I Fd:t,.n,( [i I ~ r II" I- I c,1I/6' 1'1 ,(. C i{:1./l;2t'-- LA-J /7 II COLofiEf.) j--IL. T,c:1Z 2. ~(11771 /F/c(~ A 1? ;<vfCtT&!t.5 -:=:::- j-a i c Jl {) (A,) 1./ ...5 i fI-(kr.; LT J ~ ~Elflt ,cL,flS-;I '2 I ;UTIZK~ t" (~71{)ltJ l-T ~ ) 0 d l{)< e. C~h~~tlf'lC/ ';! ~ IT><'Y&I"'---- I S / 6/1/,4-'-J1-111<:> 11:::./<. k(~;)fI7 slc/<- ) -J- /liT Ie Ir ----- ---- - - --..-- c /' - dt.l, I ;--._~ (. f.J. /) - (c.))''l.J Ie. .r-( ~ -- . 51l-/J1~ J1~ /l-6tJL/(_ d'L(/ ).j{) --- --------- 5"i?~Jl1-LIl( 1t2-:k(&-L-t~llkr~~ F+ Wr /rCo~ -- - L_ ,_"8{; 5 ,IQ L'-0'f;J~ g- tJ). '-~ 4tT .f~ 5 (.dE- 1117- J:.);- --- -- --- illy. 7tJtJO- 5 ! [) f LI ~ H r::;, 5 -/ 0 3;;lc; V L-t' 0/+; I} {'.II (1-( ~(I{J () <) -10 (,; If 'd-. <I / I\,J5'f~(j( Jft'-( -, p-o . _ ____--L_Ie ~~l) ~~_ _1 '--(I. 210 ) &! P/lte 7c.. !2l(t/I)U:: rill C _5/l. (lz'! Cbrp/c:"s ;- VI,'(! /-"7 S iA.-~/fl. .' 5ei --- ----~ - . tAJlt.7 - tUl1bS - ~O.,tJtJ l!~tltl ~'7/1t.1--> ,j) tiS ~ 8i1 II/Ill e ~ ...., J I r )=e7 ~Y1 51 R e"t) S ft' aft et:- F CPC,I2. If I- 51 t; Itlfl-l.- /<c?{LJI bt/ I / .---- Af}f:.ro~5 I 70,1).0 /)~J1)1I- - (J1A?< 1/1 5.- / /) (,J IhO, cJC) ~ 5" (}1 Sf) ':5 - 3 l-{ /1,1/ 7- {)?Ci/1IIjr71 -:J{)I/,t/j L'l]V I (J t, {)1: / !5T f< C( d/ C:J 11'1 r 77. ('?tJ Sell ---_._~ . Feoeff/ L S.,t:-IJIJ '- v,sm lAJ I S I ~ ,(.'A l- .f- (6)tf fllL 9;;. 5" () (./ ~U / .f {,J:j- e'J () 3PO It! v fI"r -f rnr ki.,.. Iliff( 3~ ItK "7(:/1 L-Ts5 '",)/C7 {./.)4- (/5 ,.' S /, J1 L{ Jtr~ I~ ~ j R.~)t) 51):.P- :'-,-40, 1:/ yl,f/ ~~ rek- ;':/5 tJ tJ S-O,Oo ( ~r] .f/lJAI'M.! if!) (J (J J 70. OtJ 11t){), ()C:) 1 ). to $ECOM... tillwater Eqyipment Com~ Thomas R. Johnson J 2340 77lh S"eet North S""woter. MN 55082-9265 8US (6 J 2)430.8844 FAX,(612)430.8845 TOLL FREE: 1.(8881430.8846 /5'97- tl-o Vi ( 2- () i. U t 0 U . (, (., ',..-,( ~ 0.... I'''':;, "] '1 .-{A..- . . . ... RESOLUTION 99 ADOPTING DELINQUENT UTILITIES LOCAL IMPROVEMENT No. 001 \VHEREAS, it is the polIcy of the City of Stillwater to certify to the County the delinquent utility charges. NO\V THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following list consititutes the delinquent utility charges and is hereby levIed as an assessment against those parcels and the total is $185,891.37. Adopted by Council this 21st day of December, 1999. Jay Kimble, Mayor Attest: Modi Weldon, CIty Clerk ... ;ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS iATE SUBMITTED: DECEMBER 14. 1999 'RO~ECT NUMBER: 00001 ~7ART YEAR: 2000 YEARS 01 .ODE GEO. CODE A 2003020130012 A 2003020210052 A 2003020220009 A 2003020220020 A 2003020240006 A 2003020240009 A 2003020320001 A 2003020320004 A 2003020330018 A 2003020330036 A 2003020340032 A 2003020410028 A 2003020410036 A 2003020410038 A 2003020440016 A 2103020130020 A 2103020130030 A 2103020130039 A 2103020130040 A 2103020130053 A 2103020130062 A 2103020130063 A 2103020130064 A 2103020130070 A 2103020140007 A 2103020140009 A 2103020140014 A 2103020140020 A 2103020140032 A 2103020330012 A 2103020330055 A 2103020330061 A 2103020330062 A 2103020330102 A 2103020340034 A 2103020340036 A 2103020340041 A 2103020340078 A 2103020340087 A 2103020340088 A 2103020340114 A 2103020340124 A 2103020340129 A 2103020340133 A 2103020340141 A 2103020340142 A 2103020340147 A 2103020430014 A 2103020430020 A 2103020430024 PRO~ECT NAME: DELINGUENT SEWER & GARBAGE DAYS: 0 INTEREST 10.000/. .' AMOUNT CODE GEO. CODE 505.48 441. 34 453.24 246.30 473.98 512. 94 299.08 414.81 331. 62 662.04 557.98 26.48 401.48 584.34 554.04 299.08 113. 20 58.00 325.44 41.27 246.40 299.08 299.08 246.40 299.08 139.08 149.08 325.44 139. 54 568.48 103. 77 483. 54 455.08 404. 50 503.38 402.40 590.64 57.43 402.40 508.74 465. 58 542.80 90.60 515.98 572.68 455.08 643. 14 541. 00 402.40 561. 24 A 2103020430027 A 2103020430045 A 2103020430059 A 2103020430074 A 2103020430075 A 2103020430080 A 2103020430087 A 2103020430107 A 2106020140015 A 2803020120009 A 2803020120026 A 2803020120027 A 2803020120028 A 2803020120029 A 2803020120030 A 2803020120056 A 2803020120078 A 2803020120078 A 2803020130071 A 2803020130081 A 2803020130081 A 2803020130128 A 2803020130135 A 2803020130152 A 2803020210001 A 2803020210009 A 2803020210013 A 2803020210023 A 2803020210025 A 2803020210029 A 2803020210043 A 2803020210053 A 2803020210068 A 2803020210077 A 2803020210081 A 2803020210082 A 2803020210104 A 2803020210107 A 2803020210111 A 2803020210112 A 2803020210114 A 2803020220005 A 2803020220040 A 2803020220060 A 2803020220073 A 2803020220073 A 2803020220087 A 2803020230004 A 2803020230019 A 2803020230021 AMOUNT 427.60 459. 10 525. 54 107.97 13~.06 379.36 325.44 203.80 51. 60 100.00 530.68 408.76 58.00 574.78 523.44 476. 58 722.64 307.44 1. 411. 08 779.64 267.91 502.44 529.74 672.68 455.08 551. 68 392.40 594.84 494.04 499. 18 643. 14 402.40 402.40 576.88 25.00 203.05 550. 74 651. 54 276.42 564.28 133. 17 476.08 518. 08 549. 58 626.98 228.40 236. 14 696.84 402. 40 455.08 . . -::; , , . .' :ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS ~~TE SUBMITTED: DECEMBER 14,1999 -~OJECT NUMBER: 00001 ~T;'. YEAR: 2000 YEARS 01 :ODE GEO. CODE AMOUNT A 2803020230023 A 2803020230025 A 2803020230027 A 2803020230029 A 2803020230032 A 2803020230045 A 2803020230060 A 2803020230064 A 2803020230065 A 2803020230070 A 2803020230081 A 2803020230085 A 2803020230096 A 2803020230108 A 2803020230110 A 2803020230113 A 2803020230115 ~ 2803020230136 A 2803020230140 A 2803020230140 A 2803020240007 A 2803020240016 ~803020240018 A~803020240020 A 2803020240022 A 2803020240025 A 2803020240028 A 2803020240061 A 2803020240061 A 2803020240062 A 2803020240065 A 2803020240075 A 2803020240087 A 2803020240090 A 2803020240105 A 2803020310032 A 2803020310043 A 2803020310049 A 2803020310059 A 2803020310091 A 2803020310106 A 2803020310108 A 2803020310109 A 2803020310112 A 2803020320038 A 2803020320067 A 2803020320074 A.803020320083 A 803020320099 A 2803020320100 PROJECT NAME: DELINGUENT SEWER & GARBAGE DAYS: 0 INTEREST 10.000% CODE GEO. CODE 344.44 99.00 469.78 402.40 578.04 482.38 498.24 471. 88 335.70 488.68 545.38 455.08 227. 54 7.97 455.08 455.08 179.12 485.64 14.50 545.38 576.88 376.28 580. 14 521.34 518.08 45.88 385.48 72.00 103.90 582.24 402.40 488. 50 524.38 562. 18 21. 70 622. 14 195.20 515.80 334.34 289.08 546. 54 379. 11 131. 36 124.31 540.24 402.40 381. 08 510.84 167.00 365.34 A 2803020320100 A 2803020320102 A 2803020320118 A 2803020320118 A 2803020320135 A 2803020320144 A 2803020320147 A 2803020330027 A 2803020330042 A 2803020330046 A 2803020330047 A 2803020330049 A 2803020330059 A 2803020330061 A 2803020330066 A 2803020330074 A 2803020330074 A 2803020330077 A 2803020330081 A 2803020330104 A 2803020330107 A 2803020330109 A 2803020340006 A 2803020340007 A 2803020340028 A 2803020340040 A 2803020340062 A 2803020340063 A 2803020340063 A 2803020340078 A 2803020340097 A 2803020340097 A 2803020340105 A 2803020340117 A 2803020410017 A 2803020410074 A 2803020410089 A 2803020410106 A 2803020410108 A 2803020420035 A 2803020420058 A 2803020420085 A 2803020420092 A 2803020420102 A 2803020420103 A 2803020420106 A 2803020420127 A 2803020430004 A 2803020430008 A 2803020430008 AMOUNT 168.05 596.94 5.90 63.36 43. 50 379.36 603.24 754.44 520.00 482.38 404. 50 103.77 530.68 134.07 547.48 708.88 281. 08 459. 10 481. 44 402.40 507. 58 507. 58 649.44 534.70 608.38 410.80 459.28 584.80 228.40 484.98 542.80 228.40 174.67 151. 68 36. 00 4,672.52 415.96 1, 056. 16 184.00 281. 08 1, 591. 20 310.30 710.04 260. 80 152. 10 879.30 613.74 246.40 704. 50 228.40 :ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS JATE SUBMITTED: DECEMBER 14, 1999 ;ROJECT NUMBER: 00001 57ART YEAR: 2000 YEARS 01 2DE GEO. CODE A 2803020430010 A 2803020430021 A 2803020430082 A 2803020440039 A 2803020440073 A 2903020110005 A 2903020140010 A 2903020140017 A 2903020140065 A 2903020140066 A 2903020210005 A 2903020210007 A 2903020210008 A 2903020210021 A 2903020240001 A 2903020240051 A 2903020310014 A 2903020310024 A 2903020310043 A 2903020320006 A 2903020320009 A 2903020320012 A 2903020320016 A 2903020320018 A 2903020320022 A 2903020320046 A 2903020320049 A 2903020320055 A 2903020320068 A 2903020320086 A 2903020330010 A 2903020330013 A 2903020330022 A 2903020330026 A 2903020330035 A 2903020330042 A 2903020330048 A 2903020330062 A 2903020330076 A 2903020330078 A 2903020340001 A 2903020340005 A 2903020340010 A 2903020340018 A 2903020340040 A 2903020340043 A 2903020340044 A 2903020340046 A 2903020340070 A 2903020340082 PROJECT NAME: DELINGUENT SEWER & GARE~GE DAYS: 0 INTEREST 10.000i. 4i' AMOUNT CODE GEO. CODE 720.84 376.28 509. 51 1, 131. 24 626.34 551. 68 131. 07 518.08 122. 10 118.76 539.08 578.98 135. 56 141. 36 505.48 201. 70 620.04 167. 18 522.28 196.84 487.74 569.64 624.24 174.46 261. 34 482.38 653.64 557.04 596.94 542.34 353.04 404.31 101. 68 603.24 548.64 438. 10 527.64 107.97 659.94 217.54 578.98 576.88 521.34 340.20 415.00 141. 86 457. 18 286. 58 364.62 109. 54 A 2903020340085 A 2903020410029 A 2903020410055 A 2903020410064 A 2903020410072 A 2903020410077 A 2903020410080 A 2903020410083 A 2903020410086 A 2903020410092 A 2903020430010 A 2903020430020 A 2903020430027 A 2903020430031 A 2903020430075 A 2903020430082 A 2903020440012 A 2903020440031 A 2903020440035 A 2903020440038 A 2903020440040 A 2903020440041 A 2903020440055 A 2903020440070 A 2903020440075 A 2903020440104 A 2903020440108 A 2903020440118 A 2903020440122 A 3003020410002 A 3003020410010 A 3003020410019 A 3003020410028 A 3003020410036 A 3003020440006 A 3003020440009 A 3003020440049 A 3103020110022 A 3103020110027 A 3103020110035 A 3103020110044 A 3103020110067 A 3103020110085 A 3103020110088 A 3103020110098 A 3103020120007 A 3103020130012 A 3103020130022 A 3103020130025 A 3103020130044 AMOUNT 676. 74 534. 88 51. 60 399.38 650.38 555. 88 482.20 494.86 103.30 120. 57 81. 18 490. 78 586. 44 569.64 353.48 505.48 107.97 557. 98 186.96 370.98 326.48 713.38 450.70 84.84 588. 54 153.80 143.96 384.68 199.60 574.78 529. 74 233. 18 408.70 457. 18 118. 78 487.74 443.48 528. 58 632. 64 118.47 515.64 457. 18 492. 36 557.98 455. 08 444.90 29. 88 415.00 242. 74 125. 98 4i' 4i' . .' ;ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS )ATE SUBMITTED: DECEMBER 14.1999 ~RO~T NUMBER: 00001 ;T~YEAR: 2000 YEARS 01 .ODE GEO. CODE A 3103020140035 A 3103020140040 A 3103020140042 A 3103020140047 A 3103020140052 A 3103020410003 A 3103020430009 A 3203020110019 A 3203020110020 A 3203020120001 A 3203020120015 A 3203020120018 A 3203020120019 A 3203020120046 A 3203020120048 A 3203020120053 A 3203020120058 A 3203020130009 A 3203020130034 A 3203020130048 A 3203020130080 A~203020130097 A~203020140006 A 3203020140024 A 3203020140032 A 3203020140063 A 3203020140065 A 3203020140097 A 3203020140105 A 3203020210002 A 3203020210006 A 3203020210009 A 3203020210029 A 3203020210054 A 3203020210057 A 3203020210075 A 3203020210089 A 3203020210094 A 3203020210114 A 3203020220029 A 3203020220046 A 3203020220082 ~ 3203020220065 A 3203020220086 A 3203020220108 A 3203020230015 A.3203020230016 A 203020230018 A 3203020230046 A 3203020240028 PROJECT NAME: DELINGUENT SEWER ~ GARB~GE DAYS: 0 INTEREST 10.0007. AMOUNT CODE GED. CODE 138.28 120. 57 151. 86 534.68 457.00 307.44 307.44 511. 78 447. 18 623.08 295.82 194.80 602.08 665.08 542.34 481. 44 469.78 494.98 627.28 366.72 492.68 455.08 299.08 402.40 402.40 75.44 544.44 647.34 647.34 524.38 469.78 544.44 602.08 680.94 545.38 228.40 228.40 228.40 402.40 499. 18 611. 64 517.64 530.68 402.40 589.48 402.40 428. 18 383.31 595. 78 130. 54 A 3203020240029 A 3203020430014 A 3203020440006 A 3303020110020 A 3303020110024 A 3303020110030 A 3303020110041 A 3303020110046 A 3303020110048 A 3303020110054 A 3303020110062 A 3303020110073 A 3303020110081 A 3303020110085 A 3303020110085 A 3303020110086 A 3303020110095 A 3303020110097 A 3303020110101 A 3303020110103 A 3303020110104 A 3303020110116 A 3303020110126 A 3303020110136 A 3303020120017 A 3303020120030 A 3303020120033 A 3303020120034 A 3303020120035 A 3303020120037 A 3303020120051 A 3303020120057 A 3303020120062 A 3303020120067 A 3303020120080 A 3303020120088 A 3303020120091 A 3303020120094 A 3303020120094 A 3303020120104 A 3303020120105 A 3303020120106 A 3303020120111 A 3303020120118 A 3303020130028 A 3303020130028 A 3303020130035 A 3303020130043 A 3303020130046 A 3303020130061 AMOUNT 60.27 403. 00 304.00 486. 58 507. 58 521. 34 421. 30 402.40 469.78 455.08 375.40 402.40 481. 44 261.40 92.68 573.84 79.64 541. 18 455.08 130. 54 130. 54 641. 04 635.68 589.30 126.74 560.08 492.88 421. 30 584.34 277.40 519.24 113.94 543.28 118.47 645.24 567. 54 260. 77 632.34 293. 22 540.24 559. 14 471. 88 60.27 126.87 544.44 511. 78 637. 78 786. 88 377. 51 484.48 ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS 'ATE SUBMITTED: DECEMBER 14.1999 ROJECT NUMBER: 00001 TART YEAR: 2000 YEARS 01 ODE GEO. CODE A 3303020130071 A 3303020130077 A 3303020130079 A 3303020140014 A 3303020140022 A 3303020140022 A 3303020140030 A 3303020140030 A 3303020140041 A 3303020140046 A 3303020140050 A 3303020140074 A 3303020140076 A 3303020140081 A 3303020140120 A 3303020140128 A 3303020140130 A 3303020140131 A 3303020210048 A 3303020210049 A 3303020210053 A 3303020210054 A 3303020210058 A 3303020210070 A 3303020210102 A 3303020210110 A 3303020210116 A 3303020220006 A 3303020240027 A 3303020310025 A 3303020310053 A 3303020310060 A 3303020310065 A 3303020320012 A 3303020320023 A 3303020320031 A 3303020320031 A 3303020320033 A 3303020340021 A 3303020340026 A 3403020220013 A 3403020220016 A 3403020220026 A 3403020220054 A 3403020230003 A 3403020230007 A 3403020230023 A 3403020230035 A 3403020230085 A 3403020230089 " PROJECT NAME: DELINGUENT SEWER & GARBAGE DAYS: 0 INTEREST 10.000Y. . AMOUNT CODE GEO. CODE AMOUNT 404. 50 150.31 210.27 457. 18 256.44 228.40 135. 70 57. 10 90.60 505.48 487.74 501. 28 231.74 298.64 449.00 417. 10 127.97 452.80 515.98 455.08 555.88 953.94 455.08 103.77 536.04 455.08 455.08 179.68 695.64 227.95 374.64 546.54 141. 57 292.40 404. 50 539.08 555.88 337. 15 105.30 147.61 419.68 446. 50 413.38 473.98 146.40 281. 08 325.44 228.40 64. 77 51.60 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 A 0000000000000 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 . . ". :ITY OF STILLWATER CERTIFICATION OF ASSESSMENTS 'ATE SUBMITTED: DECEMBER 14. 1999 .Ra.T NUMBER: 00001 5TA YEAR' 2000 YEARS 01 FRO~ECT NAME: DELINGUENT SEWER ~ GAREAGE DAYS: 0 INTEREST 10.000% :ODE GEO. CODE AMOUNT CODE GEO. CODE AMGUNT ~OTAL AMOUNT TO BE CERTIFIED: 185, 891. 37 . . . MEMO To: From: Subject: Date: Mayor and City Council Klayton Eckles, City Engineer IL l:f './ Hiring of Tim Thomsen as Public Works Superintendent December 15, 1999 Discussion: The past six weeks staff has completed the recruitment process for Public Works Superintendent. We received 25 applications for the opening and we interviewed five finalists and Tim Thomsen is the number one candidate based on this interview process. . Tim was the number one candidate for a number reasons. First, Tim has 16 years of experience with the City of Stillwater, he also has many years of experience prior to Stillwater working in construction and with heavy equipment. Tim has shown himself capable and committed to this position in his time as interim superintendent. In the two months since he has been in this position, he has instituted a new snow plowing plan and has begun other operational modifications to improve our efficiency. Finally, Tim has shown himself to have a vision of where to take the public works department. Tim has shown that he will be committed to increasing the cooperation between various public works departments to improve efficiency, provide work variety as well as cross training opportunities. Recommendation: For all the reasons listed above, I highly recommend Council approve Tim Thomsen to the position of Public Works Superintendent. Action Required: If Council concurs with staff recommendation, Council should pass a motion adopting a resolution promoting Tim Thomsen to the position of Public Works Superintendent with an effective promotion date ofect9~8f 1, 1999. ~2-I, . RESOLUTION 99- Approving Promotion of Tim Thomsen to Public 'Yorks Superintendent \YHEREAS, Tim Thomsen has applied for and been found the best candidate for the position of Public Works Superintendent; and BE IT FURTHER RESOL VED, that the promotion of Tim Thomsen as Public Works Superintendent, from and after September 21, 1999, for a probationary period of one year, is hereby approved, and that as compensation for services the said Tim Thomsen shall be started at the three year step of the agreement between the City of Stillwater and Local No. 320 representing Stillwater Public Manager's Association. Adopted by Council this 21st of December, 1999. Jay Kimble, Mayor Attest: City Clerk . . . . MEMO To: From: Subject: Date: Mayor and City Council Klayton Eckles, City Engineer JL ~ Permanent Hire of Jeff Dionisopoulous December 15, 1999 Discussion: Jeff Dionisopoulous has completed his six month probationary period as a labor maintenance worker. In this time, and his previous time as a part time employee, Jeffhas shown himselfto be hard working and committed to the City of Stillwater. Recommendation: Staff recommends that Council approve the permanent hire of Jeff Dionisopoulous as labor maintenance worker. Action Required: If Council concurs with staff recommendation Council should pass a motion approving the permanent hiring of Jeff Dionisopoulous as labor maintenance worker. . . RESOLUTION 99 APPROVING PERMANENT ElVIPLOYMENT OF JEFF DIONISOPOULOUS AS LABOR MAINTENANCE WORKER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the permanent full-time employment of Jeff Dionisopoulous as Labor Maintenance "Vorker from and after January 1, 2000, having served a probationary period of six months, is hereby approved. Adopted by Council this 21st day of December, 1999. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . . . Memorandum . . TO: Mayor and City Council FR: City Coordinator RE: Joe Ritzer - hire date DA: December 17,1999 Discussion It has been brought to my attention that the hire date of Joe Ritzer, currently a Light Equipment Operator, was six months prior to what the City had established as the hire date. His start date is reflected as December 17, 1985 and it should be June 17, 1985. On June 17, 1985, Joe Ritzer started as a temporary, full-time Building Maintenance Worker for the City. Mr. Ritzer was then hired as a permanent, full-time Building Maintenance Worker effective December 17, 1985. However, between June 17 and December 17, 1985 there was no break in employment. Mr. Ritzer's PERA benefits were effective June 17, 1985. In addition, the City's payroll records indicate Mr. Ritzer worked full-time hours during the second half of June 1985. Unfortunately, we are unable to find a City Resolution stating June 17, 1985 as Mr. Ritzer's hire date and I am not sure why his employment authorization was not handled in the usual manner. However, it seems to be very clear to me, that based on other city records and the initial PERA reporting form, Mr. Ritzer's full time employment officially began on June 17, 1985 and not December 17, 1985 (Note that Resolution No. 7555 states, in part, "...heretofore emploved as a Temporary Full-Time Building Maintenance Worker...". Note also that Mr. Ritzer's employment was "unbroken" from 6/17/85 to 12/17/85). The importance of establishing the correct hire date relates to Mr. Ritzer's retirement as well as his longevity pay. The correct date would allow Mr. Ritzer to retire 6 months earlier. Mr. Ritzer plans to retire in June 2000 but would have to wait an additional 6 months if the December 17, 1985 date was used. Further, because Mr. Ritzer did not receive his longevity pay on the correct date, he would also be eligible to receive an adjustment for longevity pay (which should be calculated by the Finance Dept.) Recommendation Council approve the attached resolution, establishing Joe Ritzer's hire date as June 17, 1985. In addition, Finance should be directed to reimburse Mr. Ritzer for any loss in longevity pay resulting from the incorrect start date. llA RESOLUTION NO. 99- ESTABLISIDNG CORRECT DATE OF IDRE FOR JOE RITZER WHEREAS, December 17, 1985 has previously been used as the date of hire for Joe Ritzer; and WHEREAS, according to certain city records, Joe Ritzer officially began his employment with the City of Stillwater on June 17, 1985. NOW THEREFORE BE IT RESOLVED, that the date of June 17, 1985 shall be established as the official date of hire for Joe Ritzer. BE IT FURTHER RESOLVED, that Joe Ritzer shall receive reimbursement for any loss of longevity pay that was the result of the corrected date of hire. Adopted by the Council this 21 st day of December, 1999 Jay L. Kimble, Mayor Attest: Modi Weldon, City Clerk . . . . . . RESOLUTION NO. 7555 E~'!PLOYi-1~'F Cr JOSE?H RITZER AS P::~:~,:'.~E:-JT E\1PLOYEE BE IT R::SOLV~J, by t~e Ci~y Ccuncil of the City of Stillwater, Minnesot~ tna: Jose~h Ritz:~, he~e!QfJre e~ployed as a Te~~orary Full-Time Building Maintenance ~or~er, is hereby appointed as a Perillanent Full-Time Build~ng ~ainte~ance ~or~er of the City and that said aDpointme~t shall be effe~tive from a~d afte~ Dece~ter 17, 1985 for a proba~ionary period cf six mantis. As compe1sation for services rendered, the said Jose~h Ritzer shall recei/: t~e S~~ of S~,330 per mont~ to~ether with all other cenefits of City e"plo~r.7.e1t. Adcptej by Council: Decemter 17, 1985 Published: Dece~ber 27,1985 ,l,TT::ST: , , l.. : ", . -.-<-- --/ '-.....x ,~ ~ , -~I....f . . ~I}_~~~-.,.~_.~,..-,/ j CITi Ci...ERK v .. .. . ::'>-:. -:: . - - . - - - ~:_ ;~~:~~;;:~1~~?~~~!I~t;:~;~~~;;Z{'~?b~7~~~1?:~:t;~~;~~_~:=!l"S_S~AC' ~~ - ,- -. . ~-:-'. "'=i"?=:::-PUBLlC EMPLOYEES RETIREMENT ASSOC~ATION "'::,:~~.:=- '.::;"~-':.~':~::;j-----_:',:"';::--:"=:-:: .___:-.:. r __~',..::. ,,:.. Z::;:::O Ce":ar Street St 'Paul MN 55101 ..:-.:._:r.:......;..i:'::.~: '-::;".:;':=:' - ..,...".: . - .~ ~- _.-~:~..~::~~~~}~~~~~;~~~~~JI~h~~; (~1~) 2~~?~6~ :~;?:~t1~:"<~~:'~~~\~~~)i-::i- -..-:.-._~-.;::; M ,-k "X" '" 'pc'oc ,'''~ ~:~-~~ ~:;;~ ~-e, R~ ~:~ -:':~ f~:gi:!fJ t~;~ E CHANG ~ c:~ --/:~-~ ~~::;: ::, - -' . xx:~ NE':I, RElNSTATING. OR Tn,A~~Sr=:~qRING EMPLOYE: (Co'n;plete employee and-employer sec:ior.s). -; ::', :..::-::" c:::J EE:-JEF,C1ARY CHA:--JGE (Cernale!e Name, ,Address, 8eneficiary lines and s:gn in ink). c::::J . N,A;\1 E t;HANGE (Full Nam.e, Former N.am~, Address, and Signature in !n~ requi~edl. unIt No. 7824-0 E l'vl P L o Y E R I hereov cer::fy t:1at t.-:e ernoiovee here;r: named entered the ser/ice of ueoartme"lt aroc Governme~tal Succivls.on -- --.-1 CITY O~STILLWA~E~ i'osltlon Tlt:e/ CUSTODIAN c"'np~r's S.!;nature ane Ilt!e .tl C cr:~1) r",..-d:;1). ~~~J DEPlJ"TY PLEASE PRINT ?:?'A No. Salary Per PCXXhcur - 0 day S8.18 CITY CLER..~ I Un~ N;. C::"IOloyec by citv of stilh.ater ~ame (Snow f;~; mlac!e; former name. if any: last' JOSEP-~ RITZ;:'P. ;"cares:s (Nur:-cer ana StreetJ 817 SOOT::' FOURTH STREET C.t'{, State, 2:0 Caee ~ <: <: " BIRTH DATE U.. II' , - ' . " ~ D y . - ' ,- . 1 ,,-,,', '_ Have you previously been a memoer of PERA? DYes lliJ No (If yes, see reverse.) Ha'le you ever been a member of any other Minnesota public retirement system? If so. name system and dates of membership DYes [KjNo E M p L o y E E DESIGNATION OF EENEFiCIARY: I hereby re'loke ail pre'/ious designations of benefidary, if any, which may aopear on the records of the Public Employees RetIrement Association and substItute: Relationship 1- 2. 3. If seouse is named. insert bir.h date CI RCLE A., 5., or C. if more than one person is designated. @ MORE THAN ONE BENEFICIARY: Each surviving beneficiary to receive equal shares. B. CONTINGENT BENEFICIARY: First named to receive full refund. If not Iivmg, next named sur'livors to receive equal Sj;ares~ C. OTi-i: R: E.'<piam fully t~e IT'anner in which you wisn your contributions to be distributed after ycur death. V;:::hIU~ ~If ~"C"f'"' ",m.1 (/ I . , -, . . t. Memo DATE: December 17, 1999 TO: Mayor and City CO~~Cil . ~. Chantell Kad. Administrati sistantlPersonnel Coordinator FROM: RE: Rehiring of Diane Ward as Secretary for EngineeringlPublic Works Back1lround The City has advertised and recruited on three separate occasions for the position of Secretary for the EngineeringlPublic Works Departments and have not been able to fmd a candidate that meets the current secretarial needs of the Department. Diane Ward, former Secretary for EngineeringlPublic Works has applied for the vacant position, as stated in the City Engineer's memo. Since leaving employment with the City in October 1999, Diane Ward has continued to be employed with the City of Stillwater on a part-time basis, with no break in service with the City. Therefore, we are recommending that Diane be hired back at the 3- Y ear step, which was the salary step she was at when she left. In addition, the vacation and sick leave accrual and longevity pay be based on her original hire date of July 8, 1996. Staffhas discussed this recommendation with the AFSCME Union Steward and they agree with the terms of this re-hire. Recommendation Staff recommends the City Council adopt the attached resolution approving the re-hire of Diane Ward as Secretary for EngineeringlPublic Works at the three-year salary step and using her original hire date of July 8, 1996 for the purposes of calculating vacation and sick leave accrual and longevity pay. MEMO To: From: Subject: Date: Mayor and City Council Klayton Eckles, City Engineer jI F v Rehiring of Diane Ward as Engineering Secretary December 15, 1999 I have reviewed the various applications which we have received for the position of Engineering Secretary. Diane Ward is one of the applicants. Currently, Diane is working for the City on a part time status. Diane is the most qualified applicant for this position and has demonstrated herself to be a exemplary employee. RECOMMENDATION: Staff recommends that Diane Ward be rehired as Engineering Secretary full time effective January 6,2000. ACTION REQUIRED: If Council concurs they should pass a motion adopting a resolution rehiring Diane Ward as Engineering Secretary. . . .~ . . t. RESOLUTION NO. 99- - APPROVING RE-HIRE OF DIANE WARD AS FULL-TIME SECRETARY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full-time employment of Diane Ward as a Secretary, from and after January 6, 2000 for a probationary period of six months, is hereby approved. Said Diane Ward shall be compensated at Step 5 (3 years) according to the contract between AFSCME and the City of Stillwater. BE IT FURTHER RESOLVED, that for the purposes of calculating vacation and sick leave accrual and longevity pay, Diane Ward's original hire date of July 8, 1996 be used. Adopted by Council this 21 st day of December 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . STAFF REQUEST ITEM Department: Parks Date: December 21, 1999 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to hire the following people to work the Croixwood Warming House: Robert Hamble - Stillwater: Third Year at $6.75/hour Shirley Kelly - Stillwater First Year at $6/hour Starting date: When weather permits and ice is ready. 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) Budaeted for under part time salaries ADDITIONAL INFORMATION ATTACHED Yes No y .... 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. I Submitted by: ~ c 7 ~ I Date: /~-/.3-.99 RESOLUTION NO. APPROVING TEMPORARY EMPLOYMENT OF ROBERT HAMB~ AND SHIRLEY KELLY AS WARMING HOUSE ATTENDANTS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary employment of Robert Hamble and Shirley Kelly as Warming House Attendants, from and after December 21, 1999, is hereby approved; and that as compensation for services the said Robert Hamble shall receive the sum of $6.75 per hour and the said Shirley Kelly shall receive the sum of $6.00 per hour. Adopted by the Council this 21st day of December, 1999. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . . CHANGE ORDER CONSTFiUCiION MANAGER-ADVISER EDITION AlA DOCt:~(E:-rT G-OliC:\(:I . . I!n:.truc:ll~n~ on rc:','c::-se: SIC::: OW:'lER C :)NS7RCCTION :-'l.-\~ AC ER .-\RCHITECT CC:\iTR.KTOR FiELD OTHER c c c r- c c ?RO]ECI ST. CROIX VALL~f SPORTS COMPLEX 1625 Market Drive Stillwater, ~~ 55082 C::.J..~GE ORDE:\:-';O 017 (~a"'l! "'lid ~l"'n.n \, l:-.;rT~AT!ON DATE. December 14, 1999 TO CO~TRACTOR. GEO. w. OLSDl CONST. CO. , INC. PROJECT NOS.. 97031 1902 S. Greeley St. P.O. Box 20 CONTRACT FOR City of Stil:-.Jater Stillwater, MN 55082 . CONTRACT DATE. October 28, 1997 (Same <llld ~ddre>-') The: Concr:IC: is C~:Inged :is follows. See Attached Listing ot valie:! until signed by the Owner, Construc:ion Manager, Architec: and Contractor. T~e ongm::1 (COntt':c: Sum) (~ w-...s . . Ne:t ch::nge by prevIously authorIzed Ch:lnge Orde::-s . .. . ........ The (COntr:lCt Sum) ~~ pnor to thIS Ch:lnge Oree:- ';l,':\S . . . . . . . . . . . The: (Contr::c: Sum)~ wdl be~~ (ee:c:-e::sc:d) ~ b~' thIs Ch::nge Orde::- .. ., . . ..., .. . . . .. ............. . . . .. , . .. .,. T~e ne:w (COntr::Ct Sum) (~~~~ IOc!udlOg this Ch:lnge Oree:- WIll be: The Concr::c: Time will be 00t.~ (ur.c:1::ngd) by . . ...... T~e d:He of Sub:.t::f't1::1 Comple::on :IS of the d:lte or thl:' Ch:lngc: Orde:- the::-e:'ore IS $ 5,591,012.00 $ 1,087,559.00 $ 6,687,018.00 s (4,863.00) $ 6,683,018.00 ( ) c!::...:, December 30, 1998 ....OTE Thl' summ.lr',' doe:s nO! ~e:'le:::1 c!l~n~c:~ 10 the: C.)nlr::l.: Sum, C.Jntr::Ct Tlmc or Gu:or.lntcc:1 \I.l'<lmum P~.l.C: ... nll.~ "l~\:: bc.:~ :lud':\JrI/c',; b\ C"n:.truc:lun Ch:Ol"gc Dlrc:::I\'c. . . GEORGE W. OLSEN CONSTRUCTION CO:'lSTRL CTiOi\ \IA:'<AGER P.O. B~x 20 ~t;ll~ater. MN ACCRE~I / // -\k' (.,C-J~~ CO.. INC. TIM STEFAi'l ARCHITECT STEF A..'l /LARSON '5",OR? 55082 /Nf? yP \ BY DATE ADDRESS CITY OF STILLWATER O~':'lER 216 N. 4th St. ADDRESS Stillwater, ~ 55082 cm.TRACTOR BY DATE BY CA7E ~.m:m CAUTION: You should use an original AlA document which has this caution printed in ree!. An original assures that changes will not be obscured as may occur when documents are reproduced. ~ AlA CCC~Me.'n GilJ1'C\la. C:1A="Gc CRDER . CON~.aLC710N \I"'N~cR ...CVI~ER EcmC:-I. 1'./"2 ECIT1C:-I . ...JA. ""1,4 ~1'}')2' TH!:. ... \I~.R1C.\ 'I ::-"li7l:Tt OF \RC.iIT!:.c:'> I-\~ ""'XI YORK ,\\'E~ILE. "'XI 'X'A.,HJ:oIG7CN DC !llI~:("<~')~ ~-:.~~!:: WARNING. Unlicensed phctcco....mg '/lolat~ U.s. co"""'''nt laws and will Stobie<<:: the Ylolator :a lec.;al Ilrosecllllon. ._.... _, -""":11 - G701..C~.1a-1992 . . -. MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDIl'lG 333 NORTH MAiN STREET. SUITE #202 . PO Box 438 . STILLWATER, MN 55082 TELEPHONE. (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council, and Staff David T. Magnuson~ v December 16, 1999 FROM: DATE: RE: Curve Crest Extension Street Acquisition Costs Even though the developer of Long Lake Villas donated substantial right-of-way and park property without the payment of compensation, the Developer's Agreement called for the City to negotiate purchase of the sixty-foot right-of-way for Curve Crest Boulevard that extended through the developer's property. The engineers have calculated the area of the street as being 25,225 square feet. Engineering has also examined purchase agreements showing the value paid by the developer for the property and have conducted negotiations with the developer based upon these values. An agreement has been reached subject to the City Council's approval that the developer be paid $3.65 per square foot for the property. This amounts to $92,071.25. It should also be pointed out that this leg of Curve Crest Boulevard is designated as a Minnesota State Aid Route. Further, Staff has concluded that this payment would qualify as an up front contribution to the housing district be considered for the developer's site. The payment could then be amortized over the life of the housing district and used to offset the LGA and HACA penalties that would otherwise apply to the City for creating the district. MEMORANDUM To: Mayor and Council 0 rJ'Il-? Rose Holman, MIS Specialist \\Y ( From: Date: 12/17/99 Subject: Purchase of new computer for the Finance Department DIscussion: The Engineering Department had $2000.00 budgeted for a new computer for this year and feel that they would like to wait until next year to see what new technology comes out before purchasing a new system. Since the Engineering Department needs are more technical than other departments this is a good idea. The Finance Department was scheduled to get a new computer in the budget for next year. The computers in the Finance Department have not yet been updated since we got our network. We would like to purchase the computer for Finance this year and Engineering's computer next year. The attached quote shows the breakdown of this computer. The total cost is $1924.00. Recommendation: Purchase of computer for Finance department. - - -4 .Quote Generated for E-4200 500 . -0:, .... ~ ~..... '...... .u.r ..... -. .....,~,..L-, -~;.~;~: ~.lJ.CJ/ul'l~il~ . . .~ . -;.:-::: {~r~"; .~o .........A ~ A_ r~':.~. . ,- - ; ::-~ f I ,1 I ; ._.........."...,......__~J ~. -Y4!J.t .,!.):"Y J..l ,r.-;,-it!~::i."T!ft..J ~..;:1;'::.. ~~~__ .:J_...._ Direct access to your team. orders_~~ support fij Gateway,. ~ -' -~ E-4200 500 Quote Number: 131215020MINNESOTA Date/Time: 12/15/1999 9:55 EST Sales Representative: Chris Beisser x 55356 Comments: Processor: Intel@ Pentium@ III Processor 500MHz with 512K Cache l\tIemory: 128MB 100MHz SDRAM expandable to 384MB Monitor: EV910 19inch Color Monitor (18.0inch viewable area) added: USS68 Case: E-Series 8-bay Mid Tower Keyboard: MS Elite Natural Keyboard added: US$31 l\tlouse: MS IntelliMouse mouse & Gateway mouse pad Operating System: Microsoft@ Windows 95 subtracted: US$75 Floppy Drive: 3.5inch 1.44MB diskette drive CD-ROM: 17X min./40X max. CD-ROM drive Hard Drive: 13.6GB 5400RPM SMART II Ultra ATA hard drive Video: A TI RAGE 128GL 16MB AGP Graphics Sound System: Sound Blaster AudioPCI 128D added: US$29 Speakers: GCS200 Speakers by Cambridge@ SoundWorks added: USS29 Network Card: 3COM PCI 10/100 Twisted Pair Ethernet w/WOL LA1~Desk Software: Intel@ LANDesk Client Manager Software v3.31 Anti-Virus Software: Norton Anti-Virus Software Service Program: 3 Year Parts & Labor Limited Warranty with 3 Years On-Site Service, Limited Hardware & Software Tech Support as long as you own your system Surge Protector: APC Pro8T2 Surge Protector added: US$38 Base Price: US $1804 Configured Price: US $1924 FOB Destination Quantity: 1 Total Price:US $1924 Prices and specifications are subject to change without notice or obligation. Sales tax, shipping & handling will be collected where applicable. Please Print and attach this quote to your purchase order. https://www.gateway.com/cgi-binJgen_quote.pl Page 1 of2 12/15/99 - MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Purchase of Hub and Server DA: December 17, 1999 Discussion: I am attaching a memo I received from Rose Holman, MIS Specialist, requesting the purchase of a hub and server. I am hereby requesting the purchase of the equipment as explained by Ms. Holman. The City still has approximately $12,300 in the Building Remodeling/Expansion fund and I would recommend using the funds to pay for the equipment. Recommendation: Council approve purchase of hub and server at an estimated cost of $11 ,200. 41P- - .- MEMORANDUM . TO: City Coordinator Rose Holman-MIS Specialist ~ Purchase of Hub and Server FR: RE: DA: December 17, 1999 The Engineering and Administration Departments have a need for a dedicated file server to handle their document imaging needs. The Engineering Department will continue to create GIS and CAD files for the GIS database that was demonstrated to you at the last council meeting. This type of information requires a large storage capacity. Engineering is approximately 50% finished with their project and our current server has already reached its capacity. In addition, the Administration Department will be purchasing a document imaging system next year to image all of the microfilm, microfiche and paper documents such ordinances, resolutions, minutes, etc. This information should have a dedicated file server for storage. These images will be indexed for easy retrieval and this new server will allow us to network those images so that other City staff will have access to them. The cost of a Pentium III, 500 mhz server with Windows NT operating system will be $9618.50. I would also recommend purchasing a UPS Powerchute to protect this server against any power outages or surges. The UPS we have is fully utilized by our current server. The cost of the UPS is $620.00. . The City is also in need of a new hub for our network. Since the conversion of all the computers in the Police Department, all of our 48 ports on our two existing hubs are full. Currently we even have 5 machines hooked up through our switch. This puts us at risk of damaging our switch (a very expensive piece to replace) in the case of a power surge. Therefore, we would need to purchase a new 24 port hub at a cost of $885.00. The total cost for all of the equipment is approximately $11,200. .~ - MEMO - .- To: From: Subject: Date: Mayor and City Council Klayton Eckles, City Engineer \l.&V Promotion of Ryan Smith to Engineering Tech ill December 17, 1999 Discussion: When Ryan Smith was hired for the position of Engineering Technician we determined that he should be hired as a Engineering Tech II due to his limited work experience. Over the course of the past year, Mr. Smith has proved himselfto be highly capable and productive in creating the City's GIS System. Given his exceptional performance and the high value placed on his skills by the market place, I believe he should be reclassified as a Technician ill. This reclassification will have little impact on the overall budget of the City since much of Ryan's salary is rec.?uped through charges to projects and developers. Recommendation: I recommend the City Council approve the reclassification of Ryan Smith as a Engineering Technician ITI at Step 2 effective January 1, 2000. Action Required: If Council concurs with staffs recommendation, Council should pass a motion adopting a resolution reclassifying Ryan Smith as Engineering Technician III effective January 1, 2000 at Step 2. RESOLUTION NO. 99- ESTABLISHING HOSPITAL/MEDICAL INSURANCE CONTRIBUTION FOR CITY COORDINATOR FOR YEAR 2000 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the hospital/medical insurance contribution for Nile L. Kriesel, City Coordinator, for the Year 2000, shall be as follow: The Employer shall contribute up to Four Hundred Ninety-one dollars ($491.00) per month for group health and long term disability, including dependent coverage. Adopted by the Council this 21st day of December, 1999 Jay L. Kimble, Mayor Attest: Modi Weldon, City Clerk - - -. .-. . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Police-1998 insurance contribution DA: December 20, 1999 Discussion: Accompanying this memo is a Memorandum of Understanding between the City of Stillwater and Law Enforcement Labor Services, Inc., Local 257-Police ("LELS") regarding the City's contribution toward group hospital insurance coverage for 1998. The 1997-1998 labor agreement specified that the agreement would be re-opened "... .for the sole purpose of negotiating the Employer contribution toward group health insurance premiums". However, at the time the contract was in place, Teamsters Local 320 represented the Police employees. Subsequently, LELS was certified as the exclusive representative for the Police and the insurance issue was never settled. The Memorandum of Understanding would resolve the insurance issue. The City's contribution, per the Memorandum of Understanding, is exactly the same as for all of the other bargaining units for 1998. Therefore, I am recommending that the Council approve the Memorandum (Note: the Council previously approved the labor agreement for 1999-2001 for LELS- Police). Discussion: Council approve Memorandum of Understanding between City and LELS. '" /f~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 257 REGARDING EMPLOYER'S CONTRIBUTION TOWARD GROUP HEALTH INSURANCE PREMIUMS FOR 1998 STATEMENT OF UNDERSTANDING: WHEREAS, the Employers contribution toward group health insurance was not established during 1998 for members of the Stillwater Police Department represented by Law Enforcement Labor Services, Inc., Local No. 257. NOW THEREFORE, the undersigned parties do hereby agree that the following provision for group health insurance shall apply for 1998: Effective January 1, 1998 the Employer will contribute up to Three Hundred and Seventy-five dollars ($375.00) per month, per employee, toward Employer's group health insurance coverage, including dependent coverage. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on this day of , 1999. For City of Stillwater: For Law Enforcement Labor Services Inc., Local No. 257: ~~. . . . ., . . . CITY OF STILL\VATER lVIEMORANDUlVI TO: Mayor and CIty Council lJ~ FROM: Diane Deblon, Finance DIrector DATE: December 15, 1999 SUBJECT: 2000 Budget BACKGROUND The City held its Truth in Taxation public hearing on December ih. The next step in the process is to adopt a final tax levy and final budget for the year 2000. ANALYSIS AND CONCLUSION The final tax levy is the same amount as presented at the public hearing, $4,315,109 which includes the general levy and debt service levy. The final budget amount has been changed to include the capital outlay for public works that the City Council approved adding to the 2000 Budget. The final budget for the General Fund is now at $7,501,304 for the year 2000. RECOl\E\IENDATION Staff recommends adopting the resolutions for final tax levy and final budget for the year 2000. . ~ RESOLUTION . ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2000 BE IT RESOLVED, by the City Council of the City of StIllwater, Minnesota, that the sum of$4,315,109 is hereby levied against all of the taxable property of the City of Stillwater, vVashington County, Minnesota, for City purposes for the year 2000. Adopted by Council this 21 SI day of December, 1999. Jay Kimble, Mayor Attest: Morli vVe1don, City Clerk . . .'\ . . .. RESOLUTION ADOPTING THE FINAL BUDGET FOR THE YEAR 2000 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget for the General Fund is hereby adopted for the year 2000 with revenues and expenditures in the amount of$7,501,304. Adopted by Council this 21st day of December, 1999. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk t CITY OF STILLWATER . Year 2000 CAPITAL OUTLAY DEPARTMENT REQUESTED RECOMMENDED Finance Computer Table 1,100 1,100 CAFR on micro 3,500 3,500 AS400 upgrades 8,500 8,500 Total Finance $ 13,100 $ 13,100 Administration Imaging system 20,500 20,500 Total Administration $ 20,500 $ 20,500 Plant/City Hall (4) Computers 8,000 8,000 Upgrade phone system 8,000 8,000 Parking Lot 55,000 Total Plant/City Hall $ 71,000 $ 16,000 Police . (2) Squads w/changeovers 84,000 56,000 (4) Radar units 12,500 12,500 Copy Machine 13,500 13,500 Office Furniture 15,000 7,300 4WD Truck (animal control) 28,500 22,000 Vests 4,500 4,500 Total Police $ 158,000 $ 115,800 Fire (21) Self-contained breathing apparatus 63,950 63,950 Fire station 740,000 Ladder truck 630,000 Total Fire $ 1,433,950 $ 63,950 Building Inspection Truck 20,000 Workstation & chair 5,000 Computer upgrades 2,000 Total Building Inspection $ 25,000 $ 2,000 . Page 1 -. . CITY OF STillWATER Year 2000 CAPITAL OUTLAY DEPARTMENT REQUESTED RECOMMENDED Civil Defense Siren 19,000 19,000 Total Civil Defense $ 19,000 $ 19,000 Public Works Furniture 2,500 2,500 Computer Disc Storage 2,500 2,500 Software 2,500 2,500 Total Public Works $ 7,500 $ 7,500 Street 1-Ton truck and plow ('99 Unspent) 35,000 Roller 15,000 15,000 Sweeper 130,000 130,000 Plow Truck, 2 1/2 Ton 85,000 land for Public Work Facility 300,000 300,000 . (2) Sanders for Trucks 2,000 2,000 Total Street $ 532,000 $ 482,000 Shop Telephone System 2,400 2,400 Welder 5,000 5,000 Pickup Truck 18,000 18,000 Hoist 2,000 2,000 Total Shop $ 27,400 $ 27,400 Signs & Lighting Entry Signs 8,000 Total Signs & Lighting $ $ 8,000 TOTAL GENERAL FUND: $ 2,307,450 $ 775,250 . Page 2 CITY OF STillWATER . Year 2000 CAPITAL OUTLAY DEPARTMENT REQUESTED RECOMMENDED Sports Complex Recreation Center Wall acoustics & skating harness 12,000 TOTAL SPORTS COMPLEX FUND: $ $ 12,000 Library Operations Audio visual book drop 1,520 1,520 (2) Public access computers 4,850 4,850 Periodic shelves 2,000 2,000 Ceiling display hardware 1,000 Shelves (young adult) 2,000 2,000 Computer cabling protection 2,000 2,000 Self check-out 28,000 28,000 Office furniture 2,000 2,000 . Total library-Operations $ 43,370 $ 42,370 Plant Roof repair 5,000 5,000 Signage 2,000 Carpeting 20,000 Planters 5,000 5,000 Interior wall repair 7,000 7,000 Landscaping 5,000 5,000 lighting 2,000 2,000 Total library-Plant $ 46,000 $ 24,000 TOTAL LIBRARY FUND: $ 89,370 $ 66,370 . Page 3 . CITY OF STILLWATER Year 2000 CAPITAL OUTLAY DEPARTMENT REQUESTED RECOMMENDED Park Land 600,000 Picnic shelter at Washington Park 8,000 8,000 Boardwalk at Lily Lake 34,000 Park benches & tables 20,000 10,000 Gardens 8,000 Frisbee golf 45,000 Meadowlark Park Improvement 25,000 25,000 Iron fence at Pioneer Park 16,000 Playground equip at Staples 8,000 8,000 Rock rake & back blade 3,200 3,200 Snow plow 2,100 2,100 Brown's Creek Nature Trail 60,000 Lawn mower & cab 28,000 28,000 . TOTAL PARK FUND: $ 797,300 $ 144,300 Sewer Safety equipment ('99 Unspent) 8,000 Lift station upgrades ('99 Unspent) 20,000 Nelson Lift Station 60,000 60,000 Televising Crawler 8,000 8,000 Vent 1,500 1,500 Root Cutter 1,500 1,500 Sewer Sealing 60,000 60,000 TOTAL SEWER FUND: $131,000 $159,000 GRAND TOTAL - CAPITAL OUTLAY 2000: $ 3,325,120 $ 1,156,920 . Page 4 CITY OF STILLWATER . Year 2000 CAPITAL OUTLAY REQUESTED RECOMMENDED Bonded Capital Outlay General Fund 2,307,450 740,250 Sports Complex Fund 12,000 Library Fund 89,370 66,370 Park Fund 797,300 144,300 TOTAL Bonded Capital Outlay $ 3,194,120 $ 962,920 Non-Bonded Capital Outlay Sewer Fund 131,000 159,000 Street Department 35,000 TOTAL Non-Bonded Capital Outlay $ 131,000 $ 194,000 . . Page 5 . MEMO Date: Mayor and City Council Steve Russell, Community Development Director Final Plat and Final PUD Approval for 99 Unit, 58 Lot Long Lake Villas Project. PUD/99-54 and SUB/99-55 December 17, 1999 v To: From: Subject: The final plans were approved by the Planning Commission on December 13, 1999. The 12 conditions of approval were a part of the approval. The developer would like to begin construction of one of the townhouse structures with this approval. Recommendation: Approval 1. In order to begin construction of a townhouse unit, a hold harmless agreement will need to be entered into with the developer holding the City harmless for construction before final improvement approval. . .. MEMO Date: Planning Commission Steve Russell, Community Development Director Final Planned Unit Development and Final Plat Approval for 99 Unit, 58 Lot and 2 Outlot Development. Case Nos. PUD/99-54 & SUB/99-55 December 10, 1999 . To: From: Subject: This project was approved by the City Council on July 20, 1999 (see staff report and conditions of approval). The conditions of approval require final approval of the Planned Unit Development and subdivision plats. Since concept PUD approval the applicant has modified the site plan and elevation of the townhouse units as shown on the attached plans. The garages have been moved back behind the front of the structures and front of the house toward the street. No plans are provided for the rental part of the project. The revised project landscape plan is submitted for approval. Trees have been added along Nightengale. Staff recommends the plan be modified to add trees along the back of the building lining the south side of the site as viewed from 62nd Street. Some of this planting could be on City property because the site is so tight and there is limited space for planting. Recommendation: Approval Conditions of Approval: . 1. A revised site plan for the townhouse portion of the project shall be submitted before final plat recording. The site plan shall show the buildings elevation changes closer to the road and further from Brewers Pond. 2. A 50 foot public road right of way shall be provided for the cuI de sac off of Brewers Court to provide future access for properties to the north. 3. Trail easements shall be provided for trails located outside of right of way. 4. Non sidewalk trails shall be 8 foot paved trails. 5. Additional landscaping shall be added to break up the back elevation of the buildings along the south side of the site. 6. Natural area easements shall be recorded and marked along the drainage channel of Lots 48, 49, 50, 51 and 53 and around Brewers Pond lots 6-11. 7. The disturbed area along Brewers Pond shall be planted with wetland grasses and flower seed mix. 8. The trial connecting the project to 62nd Street shall be paved when single family lot public improvements are constructed. 9. The utility trunk: charges shall be paid before final plat recording. 10. The design for the attached rental unit structures shall be reviewed and approved by the Planning Commission before building permits are issued. 11. Easements as required by the City Engineer shall be shown or recorded with the final plat. 12. Outlots "A" and "B" shall be dedicated to the City for park dedication and road right of way purposes. Attachments: Application and plans. .,. CPC Action on 12-13-99: +6-0 approval . ,. . . . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING CHAPTER 31-1, SUBD. 16(3)C The City Council of the City of Stillwater does ordain: 1. The City Code is amended by addition ~31-1, subd. 16(3)c. that will hereafter read as follows: "c. Automotive. 1. Automotive uses. All automotive uses described in Subdivision 16.(I)k. adjacent to a residential zone must maintain the required front yard setback area in a clear condition without permanently parked or stored automobiles, trailers, vehicles or other stored items or materials used for or accessory to the automotive use. Short term daily customer parking is allowed in the setback area but the area must be clear when the business is closed. 2. Fences. All stored autos, auto parts, trailers or business related items must be enclosed in a building, or stored behind a secure solid masonry wall or sightly fence not less than six (6) feet in height. 3. Compliance. All automobile repair uses as specified above must obtain a special use permit and comply with this Section c. within six (6) months from the effective date of this ordinance." In all other ways, the Stillwater City code shall remain in full force and effect. This Ordinance shall be effective upon its passage and publication according to law. 1999. Enacted by the City Council of the City of Stillwater this _ day of By Jay L. Kimble, Mayor ATTEST: Morli Weldon, City Clerk .. . . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA A.'iD WISCONSIN THE DESCH OFFICE BUILDING 333 ~ORTH MAP..: STREET' St:ITE #202 . PO Box 438 . STILLWATER. l'vlN 55082 TELEPHONE (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. MAGNUSON MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: December 20, 1999 RE: Property Tax Abatements RICHARD D. ALLEN Enclosed for your information please find a memorandum which summarizes the new Property Tax Abatement law. /wv , . . RIGGS AND MORGAN 2200 FIRST NATIO"AL B"':'>JK flUILDIXG 332 \\I"i:XESOTA 'iTREET SAINT PACL. MI"i:"ESOH 55101 TELEPHOI"E (651) 223-6600 FACSIMILE (651) 223-6450 JFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL WRITER'S E-\tAIL MEMORANDUM RE: Property Tax Abatements FROM: Mary Ippel Mary Dyrseth DATE: September 20, 1999 ----------------------------------------------------- Minnesota Statutes, Sections 469.1812 to 469.1815) (collectively, the "Act") authorizes a city, town, school district or county (hereinafter referred to as a "Political Subdivision") to abate all or a portion of taxes levied against property by the Political Subdivision. The following is a summary of the provisions of the Act. 1. General. A Political Subdivision may grant an abatement on all or a part of the property tax levied by the Political Subdivision. Abatements may not be granted for taxes attributable to (a) to the area will tax under Chapter 276A (Tax Relief Areas) or Chapter 473F (metropolitan Fiscal Disparities), or (b) ifthe property is located in a tax increment district. Abatements may be made effective for the taxes payable in years 1998 and thereafter. 2. Amount of Abatement. The total amount of property tax abated by a Political Subdivision, may not exceed the greater of (a) 5% of the current levy, or (b) $100,000. A Political Subdivision's maximum annual amount of an abatement for a parcel equals its total local tax rate multiplied by the total net tax capacity of the parcel. The abatement may be based on: (I) a specific dollar amount per year or in total; (2) the increase in property taxes resulting from improvement of the property; (3) the 1088501 1 MINNE,...POLIS OfFICE. IDS CENTER. WWWBRIGGSCOM MEMBER - LEX !v\L'XDI. A GLOBAL ASSOCIATION OF INDEPENDENT L...w FIRMS , BRIGGS A"'D MORGAN' Memorandum Page 2 . increase in property taxes resulting from increases in the market value or tax capacity of the property; (4) in any other manner the Political Subdivision deems appropriate; or (5) to the interest and penalty that would otherwise be due on taxes that are deferred. 3. Duration Limits. (a) Generally. A Political Subdivision may grant abatements for a term of up to 10 years. If the abatement resolution does not specify the time period, the abatement is for 8 years. (b) Subsequent Abatements. An abatement may not be granted on property for a period of 8 years after the expiration of the first abatement. This limitation does not apply to improvements added to property after the authorized abatement which were not subject to the first abatement. 4. Public Hearing. A public hearing must be held prior to the granting of a property tax abatement. The notice of public hearing must be published at least 10 days but not more than 30 days before the hearing in a newspaper of general circulation. The newspaper must not be limited to a specific subject matter. The notice of hearing must: . (i) indicate that the governing body will consider granting an abatement; (ii) identify the property or properties for which the abatement is under consideration; and (iii) the total estimated amount of the abatement. 5. Abatement Resolution. The political subdivision may grant an abatement only by adopting an abatement resolution specifying the terms of the abatement. The resolution must (a) specify the nature and extent of the public benefits which the governing body expects to receive from the abatement, and (b) contain findings that: (i) the benefits to the political subdivision of the proposed abatement at least equal the cost of the proposed abatement, and (ii) that granting the abatement is in the public interest because it will: ( 1 ) increase or preserve tax base; . 1088501 1 " . . . BRIGGS A.."m MORGAN Memorandum Page 3 (2) provide employment opportunities in the political subdivision; .. (3) provide or help acquire or construct public facilities; (4) help redevelop or renew blighted areas; (5) help provide access to services for residents of the political subdivision; or (6) finance or provide public infrastructure. The abatement resolution must also specify the duration of the abatement, the amount to be abated and ifbonds will be issued by another municipality, a pledge and guarantee to pay the other municipality the amount of the abatement. 6. Review and Modification of Abatements. A municipality may provide that the abatement will not be modified or changed during its term. If the abatement resolution does not provide that the abatement may not be modified or changed, the governing body may review and modify the abatement every second year after its original approval. If bonds are issued to provide the abatements "up front", the amount of the abatement is not subject to periodic review. 7 . Mechanics. The Political Subdivision must add to its levy for the current year under Sections 275.065 and 275.07, the total estimated amount of all current year abatements. The amounts shown on notices under Section 275.065, subdivision 3, and on the property tax statements under Section 276.04, subdivision 2, are the total amounts before reduction by any abatements. The Political Subdivision must pay the abatement to the property owner, lessee or representative of the bondholders as specified by the abatement resolution or will retain the abatement to pay public infrastructure costs. 8. Bonds. A Political Subdivision may, without holding an election, issue general obligation or revenue bonds in a principal amount not to exceed the estimated sum of the abatements. The proceeds of the bonds must be used to (1) pay public improvements that benefit the property, (2) acquire and convey land or other property, or (3) reimburse the property owner for the cost of improvements made to the property, or (4) pay cost of issuance of the bonds. 1088501 1 BRIGGS A.....n MORGAN Memorandum Page 4 If two or more Political Subdivisions grant abatements, the City or Town (the "Municipality") in which the property is located may issue the bonds. The other Political Subdivision must guarantee and pledge to pay the municipality the amount of the abatement. 9. Levy Limits. Levies for property tax abatements are "special levies." 1088501 1 , . . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN .. THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202' PO. Box 438 . STILLWATER, MN 55082 TELEPHO"lE: (651) 439-9464 . TELECOPIER' (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLE~ MEMORANDUM TO: Mayor, City Council, and Staff . ~V DaVId T. Magnuson 19\ I . . FROM: DATE: December 14, 1999 RE: Berwald accessory building At the Council's direction, Staff has reviewed the complaints from the Penthouse Acres . neighbors dated November 23, 1999 with regard to the accessory uses on the Berwald property. The ,subject property at 2248 Orwell Court North is within the RA Single-Family District of the City. Within that district, accessory uses are permitted subject to the restrictions that the accessory uses meet all yard and setback requirements, the maximum lot coverage of the accessory buildings including detached garages is 1,000 square feet and that if two accessory buildings are located on one lot, the second accessory building in addition to one garage is limited to 1,200 square feet of maximum floor area. In enclose 2 pages from the City Code that sets forth the requirements. Berwald has two accessory buildings, one being a tent-like quansit structure approximately 12 x 40 and another portable barn-like structure that is approximately 12 x 24 feet in area. Neither of these structures required a building permit since according to the Building Official's office, both structures are temporary and portable and not affixed to the ground on a permanent basis and are . therefore not structures in the meaning of the Building Code. Both are "structures" as defined by the zoning ordinance and are subject to its restrictions. It appears from a visual observation, however, that neither structure is in compliance with the thirty-foot front yard setback requirement in the zoning district. Further, if one of the accessory structures is a garage, the additional structure can be no larger than 120 square feet. In summary, no buildmg permits were issued for either of these structures since building permits were not required in either instance. No condition or special use permits, or variances were granted nor were the plans for either structure were reviewed by the Planning Office for compliance with area requirements in yard setback requirements for accessory uses in the RA District. Since there was apparently some confusion with regard to the placement of these structures, staff would recommend that the property owners be given six months to remove the structures or bring them in compliance with the applicable regulations. /wv . . . o 31-1 CD31:10 STILLWATER CODE . d. When it has been changed to an- other use under permit from the city council. (7) Displacement. No nonconforming use shall be extended to displace a conforming use. (8) Cessation; junk and wrecking yards. No junk or automobile wrecking yard, not within an enclosed masonry building and not within a heavy industrial or unre- stricted industrial district, shall be oper- ated or maintained for more than six months after a zoning change to a use district within which such yard is not J)9rmitted. (9) Unlawful use not autlwrized. Nothing in this section shall be interpreted as autho- rization for or approval of the continuance of the use of a building or premises in violation of zoning law. . (10) Certificate ofnoru:onforming use. The build- ing official shall issue a certificate of non- conforming use to all owners of property, the use of which does not conform to the provision of the use zone in which the property is located. In accordance with the provisions of this section, no use of land, buildings or structures shall be made other than as specified in the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located. A copy of each certificate of nonconform- ing use shall be kept on file in the office of the building inspector, and no permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been ap- proved by the city council. . (11) District changes. Whenever the bound- aries of a district are changed to transfer an area from one district to another dis- trict of a different classification, the pro- visions of this subdivision shall also apply to any use that becomes nonconforming thereby. Subel. 10. Use districts. The city is:: divided into use districts which shall be ~ follows: ~ (1) RA-one-family districts (2) RB-two-family districts . (3) RCL-Iow density multiple-family j dence district ~< (4) RCM-medium density multiple- idence district (5) RCH-high density multiple-family't<- dence district ," (6) CA-general commercial (7) CBD-central business district (8) PA-public administrative office district (9) BP-C business park - commercial . (10) BP-Q business park - office district (11) BP-I business park - industrial (12) FP-floodplain overlay district (13) CRD campus research district (14) BS-bluftlandlshoreland overlay district (15) VC village commercial district Subel. 11. RA-one-family district. RA-one-fam-'-' ily districts shall be regulated as follows: ~ (1) Permitted buildings and uses. In the RA- "~~ one-family district, the following build- :~. ings and uses and their accessory build- . ings and uses are permitted: a. Dwelling houses, each occupied by not more than one family. b. Parks and playgrounds. (2) Permitted uses with special use perrniJ$ from the city council. In the RA-one- family district, the following buildings and uses and their accessory buildings and uses may be permitted by special use permit from the city council: a. Hospitals, nursing homes and rest homes. b. Public and private primary and sec- ondary schools including accessory ZONING ~ 31-1 buildings and uses located upon property contiguous to that occupied by the main building. c. Cemeteries. d. Churches and other places of wor- ship. e. Other commercial uses found not to be objectionable to the neighborhood in which they are proposed to be located. (3) Accessory uses. In the RAdistrict uses and buildings incidental to permitted or spe- cial permitted uses shall be subject to the following regulations: a. The maximum lot coverage of all accessory buildings including at- tached and detached private garages . and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. b. The- total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. c. No more than two accessory build- ings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises. d. An accessory building shall not be designed or used for human habita- tion, business or industrial acces- sory use. (4) Development regulations. Developmental regulations in the RA district are as follows: a. Area, setbacks and height regulations: Provision Single-family 1. Maximum building height: Main building Accessory building Minimum lot area Minimum lot width Minimum lot depth Maximum lot coverage Minimum yard requirements: Front yard Side yard Corner lot street side yard Rear yard Frontage requirements: . 2. 3. 4. 5. 6. 21/2 stories and 35 feet 1 story - 20 feet 10,000 square feet 75 feet 100 feet 30 percent 7. . 30 feet 10 feet 30 feet 25 feet At least 25 feet on an im- proved public street Exceptions: 1. Front yard. Where a uniform front yard setback exists which ~s less than 30 feet, any build- U1g or Structure erected, struc- turally altered or enlarged may conform to the established set- back but in no case a setback of less than 20 feet will be al- lowed. Where a uniform front yard setback does not exist, the . minimum required setback shall . CD31:11 . MEMOC ) . . To: From: Subject: Mayor and City Council Steve Russell, Community Development Director Recommended Terms of Sale and Assistance for Territorial Prison HoteV Conference Center/ Restaurant December 17, 1999 Date: Over the past three months, key City staff has been working with Mr. Lang and a new hotel developer, Tim Richardson, on terms for development of the site. ( 7 () v.4d,,/+o (p 0 0 The project remains ~room historic hotel,;JJJO person conference center and 125 seat restaurant, similar to previous approved plans. The existing prison buildings will be renovated, reused and the buildings existing character maintenance in the hotel project. As previously discussed, the hotel conference center project is consistent with the land use and site design guidelines in the Downtown Area Plan and maintains the historic integrity of the National Register Site. The new use will extend downtown use further north along Main Street and increase activity on weekdays and during off season periods. Terms of Site Sale and TIP Assistance: The following terms of sale and project assistance have been negotiated by City staff and the developer to address the City's need for drainage and wall improvements and the developers need for assistance to construct .:J:1 million project. 17 The City would receive up front at time of transfer $570,000 for sale of the prison site. The City would improve area drainage and the wall with proceeds from land sale (this would not require any city bonding). The City would assess the developer for drainage project benefit, $300,000. That amount would be paid for as a deferred assessment over a 7 year period. The development would pay a minimum of $460,000 per year taxes and receive $256,000 of tax increment financing assistance for the term of the District (22 years). The developer would construct a hotel, conference center, restaurant with taxable value of approximately $10 million. Based on a proposed schedule, the sale of the property would close in January 2000 and construction would begin June 2000 (attached schedule). A draft development agreement has been prepared by the City Attorney for your review. Specifics of project staging and funding and coordinated construction schedules will be included in the final agreement. Recommendation: Review and approval of the terms of site sale and assistance and directive to prepare final development agreement. FROM MESSERLI & K~~ER P A STillWATER PreUminary Schedule Loan Closing Design and Docs N aUats Contracts Construction .. (THUI12. 16' 99 15:59/ST. 15: 54/NO. 4860012514 P 2 p~ ~/h <:t-C(,,~ 00 . SON F M A M J . .' . . . . FROM MESSERLI & KFJU~ER P A p Messerli -,; Kramer proleuio... .'8oclatlOD (MON) 12. 20' 99 16: 02lST. 16: 01/110. 4860012597 P T,',copi" Trans.ittlll Sheet TeI,copi,,: (fIZ) 67Z.3117 DiU.: -1- 2-1-?-.4.ff..-- AttorDe,. at Law 1800 Fifth Street Towers ISO Soutb Fifth Street Minneapolis, MN 55402-4218 Telephone (612) 672-36.. TO: 5~~ ~~.s.sd/ TELECOPIERNo.: G ,)1- r ~O-"lr~/(J SUBJECT: COMMENTs: PROM: "j!1/t'1c LII uf . DinlctDWI: (t,12)--.r;;.,) -rtlS/}1 NO. OP PAGEl: b. .~ GIll oovcrpqe. 1f)UI do .. DCCM aU....., or _ eIJCll'ieaciDI OGIer pIOb1ca ill 1II111111i8lioa, p1eue call .- ':it(612) . 'I1amtyou. 211"" ~. aw- rWtl IIIt1tb/flitt:lllt* _..".,..,,,,.,...,, ~ ~..tIIIItJtJ .....11r*- tI/*",.".", or.., __.... fI* ,..,.qflNl......"..",. ,...W.... or".....,........... to"''' to. bftItrdftl ~. ,.", ""., """.,,,,.., ":lJ.~ "",.""", fH""" ". fXJ1IIIIIIIIIIatIIltM " IIridly ptfJ1IibltaL ",...,..., Mia III emJI', "., "",.."".. .. by"""", and ,.".". orIghrl......1O III ,. 1M" tIIldIw6 "'" 1M u.s. ".., ,.,..., ... .....e. 'FROM MESSERLI & KRAMER P A (MON) 12. 20' 99 16:02/8T. 16:01/NO. 4860012597 P 2 /'-' . McGAlUUlY AND COMPANY, LLC 0Ha~~Sws416 3S6S hrDMON'r ~ A~ o.c.tOIA 30305 (404) 261-7774 p~ (404) 261-4204 McGarrity and Company. LLC is a CQmpiUlY that 5peciaJizcs in development and c;onstrUction management consultin. se.f'Vices of properries in the bospitJUity. resiclential, and commercial sectors, The Company's prin~pa1s MIll the highest level of quality to every project undertaken. Business is conducted fairly, honC$t1y, and in a spirit or pa.rtaersblp with each client. The following sectloDS introduC$ the Company and its persomlC~l and answer questions about its purpose. the services provided, its approach to business. and its commitment to outstandiIJg resultS. A YOUDI CoJD.PIDY with a Mature Reputatioa MeGa.mty and Company was established in 1995 when principals and longtime ~UCIIUe6 Doug McGarrity, Buck Bradley, Sbaron Moms, 811d Flem Mitchell joined forces to serve formel" and new clients. The toW' principals worked togcther at The Ritz..(;erlton Hotel Company and shllC a vision of an intimate, banclseoOA approach to development and construction. .......;-' That vision is as wide as the universe. Not only does the Company have a $trong bad<,groW1d in domeatic projects, but atso has considerable ~perience in E~rope, Asia. the Middle East. and the Pac:it'ie Rim. That cxperience eXte!1d$ from five-star hotels to select cotnmereW and residentia1 projeeu and various types of renovations. What distinguishes McGarrity and CompUlY ~n the marketplace is an uncompromisin, dedica.tion to qqlity, an extraordinary experiential and knowledp base, Uld en outstanding record of client service. Those characteristio$ combine to create a prof~ioaaJ and satist'yinl partnership with cHents. and eontribute [0 the avoidance of budget overruns and schedule delays. Abilities ud Capabilities McOmity and Compuy serves several cUeCOries of clients, including the ownen of hospitality. commerdaI. aDd resl4ential properties, the optrat()rs of thou same propertiA and ultimately the lItd-zu.r, thAt is, the 8Dest or bl.1ilclinl occupants. Often, all three client catepes must be served in the cOUQO of a single project. The need to consider and balance these 4iverse requirements gives McGarrity and Company an invaluable perspective. The CompallY works in cODSUltatio~. development, L,d constrUction of thxa-sr.ar and above botels, office ad mixed \lse developmental and 5e~ residential proJectS. The program of integrated constnlction cnanBlement services includes: 'J . ... . Budget crcaUon and monitorinC CoOtractor recommendatlonlsalecdon Negotiation of construction agreemcnu Monitoring of construction schedules . ... " . . . . FROM MESSERLI & KRAMER P A .,-, ......,.-.-. . .....,I . .. (MONl12. 20' 99 16:03/ST: 16:01/NO. 4860012597 P 3 . Visits to projects under cODmuetion to v~rify complilncc with desigu/consuuction documents Acquisition of fumttw'e, fixtures. and equipment Monthly reports on projeet propi& with bllCl,ct update and scheclule analysis. Final ~ptanc:e; the orderly twn-over of a project to jts ownersloperatDrs .. * 4' The comprehensive. core project service~ inelude: . '" * . Sia ."aluation ano development Development of program ~riteria Total projea budpr development Financial analysis to ahpl proj=t costs with revenue projections Zoning consultation Negotiation of _hit~tural and cngiDceri1\g agreements Atc:hitectural desirn and sebedule management SeJection and recommOlldation of buildin& "systems." in~ludinl c()mputers and tel~ommunications. .. . . " McGarrity and Company also i.$ expcrie~ in bQilding renovations (fil'$l or 5eCX)nd generation) and provides services including: * . * . Selection of designers and contractors Budgeting ~ sdledulc mauljcmcnt Construction maIlagCUl.nt Acquisition of furniture. fixtures. and equipment. Babds-oo MaDapment, Bottom Line Accountability The princ~ of McGanity and Company trade on their individual and collecUv. rep~tations in development and construction manaacment. The Style and substance of their approach ate closely linked. and me vilues they live and work by are evident in this approach. ClientS can ~ount on a company whose principals are: Mumalllewards . 1ft ... III . Personally and directly aec;ountabl.e for their actions Unafraid to "get their hudl ditty" in the pursuit of excellen" Auentive to client needs. and responsive to their concerns Able to envision solutions wnere no solutions are readily apparent Squally aware of the '"btg pict\1ro" and of the countless dcwu requirec to cotr;lplete a project: Eneraetically committed to the SUCcess of eveI)' undertaking. It McGarrity aud Company understands mat the "right fit" between client and company is essential. The principals invest the time necesslJ)' to understand your business, your needs. and your Boals before any work is undertaken. A comprehensive proposal of service is prepared to demonstrate that shared undentandin8. FROM MESSERLI & KRAMER P A (MON) 12.20' 99 t6:03/ST.16:01/NO. 4860012597 p 4 ~ -.-" DOUG McGARRITY PRESlDBNT "We ~pt Mtly work whkh we can .QCcompli,h tltXllTaul)l, p~~rly. tm4 with total bwgrity. Our geal wilZ '\<<\IO be simply fa tlttTact bruwI$, but "ath.r, to 4JZtrtJct th, right hU/inell!or our skills tJ1t4 tJCperUnce. " ,-,'-/ McOanity aftd Company, u..c President Dou, McOattity is a veteran of botel development and constrUction. Before e5tablishina McGanity and Compll1Y, his last position was with The Ria.. Carlton Hotel Company. There he was Executive Viee President of Development 31'Id Consuuction. He had serveCl previously in a similar capacity for W. B. Johnson Properties, which aequ1red the B~ton lUb~arhon Hotel and with Uiat acquisition. earned the rigl'll to use tho Ritz-Carlton name throughout the U.S. and-later. mORt counuies around the world. 00\11 bcpa his career with W. I, Johnson as a project coordinator where, amona othe.r duties. he was teaponsibJe for 1be 4evelopment. COJ1SU'UctiOD, and furnishing of Holiday Inn anet Marriott propames. Over a ~-year poriod, Doul wu involved \n and mponaible for tho ~velopment of 52 hotels owned or operated by W. B. Johnson Properties 811d The RittwCarJton Rotel Company. He was also involve4 in the cfevelopmODt of several offi" building projects. r>uring the late 19605, Doug was employed by Holiday IDns, Inc. as a project coordinator, and later as project manapr witb responsibility for the c1e"Clopmat of eonstrU~oft documents for Holiday Inn- owned properties, an4 oversight of budget, schedules, and management of constrUCtion projectS. His experience required that he interface daily with various cOIpOrate departments including lepJ) financial ral estate, de51p, corporate identity. and hotel operations. givin, him a R)ck-solid background. in the hotol dcvclop1\1C11t and ~onstruction b\lSincs5. ......" . . . . FROM MESSERLI & KRAMER F A \. # .~ --r' . ~ . (MON) 12.20' 99 i6:04/ST. 16:01/NO. 48600~2597 P 5 TIM RICHARDSON EXBCUTIVE VICE PRESIDENT "If YOIl can place yourul/ in rhe minds of the end~1IJU of your project o.nd respo11d JO their 1U!eQs, you. wiU MW 4luccusji.1 projflctfun~tiqnall1 and~i4Uy. " Timothy L Richardson eonaes to McGarrity IDd CoU'lpany, LLC with over twenty years in hospitality, design anel development that encompasses involvement in over fifty domestic and intemational hotels and rosora. Prior to joming the Company, Tim was Executive Vice Presidenz of The Dunbar. a 1,000 aere resort and casino bolo, developed by Kevin Costner. where he was responsible for all phases of development iDcludin. consultant selection and ~ordination, zonin, and eIltitl~m~Dt concerns. JCiai and financing issues, Contractor se1e(tlon and coordination. Before jOinina The Dunbar, Tim was Senior Vice President al: The Rim-Carltcm Hotel Company as Director of Deli" and Development. There Tim was involved iu establishing The Ritz-carlton Standards, ereating the design conQepts and interfacing with other ~rporate and outside consultantS. Tim started his career as a. registered architect aDd before leaviug to join The Ritz-Carlton Hotel Company t wu President of a 45-pcI'SQn ucbitecturalftnterior desip company in Denver.' Colorado. ... -' -..,' UlON) 12.20' 99 16:04/8T. 16:01/NO. 4860012597 P 6 I- Ll McGARRITY Al'."D COMPANY, LLC HOTEL PROJECI' EXPERIENCE FRey. MESSER:I & KRAMER P A ( - .. . -...J ilOLIDA. Y INN.lNe. mnu, 'MeGatri'Y 1968- Hil2ll AmtIrillo, r,lJUU ClvJrNS:01l. Sourla C4rt11lM CWIaIOn, South CtU'oli1M. (t:d1ptlrr 4ddiriO!l.) Cleveltwl, ()ItUJ Columbus. Ohio D41J"IIF"" Wonfr. TUlaI - Ai"P"I" Ho! P4Tk. Mkll.,t21I HighkrIuJ Pull. Micmp ~. Mlchll_ OlW, Br~h. Mislusippi - Noli" /1111 l:rJII'rJI", LtnJ, RDdr. A,q,z,M UN Atrptcs. CtllifOl'lriod . Airport PitUMtlphitl. P~IW,lv41da Pinlburlh. P".""hoIIiI Po.ghlillPl4 Ntw y~,* Sdn F~isco. CGli!rmu" (Fin4ncigIDurr;ct) SptI.T14nbU't. Souda OvoliM (tIddf,io*) HOLmA Y INNS - W.B. JOHNSON PJt~PbTrES B,lmtHrt, C44frJmia B,ItWJt>tj. 1rnv4 CI.ttarw4u,., FltJJ14a . Cenrral CI4tvw4117. FkJriIkt . auvYicrw (l'Ol<MJIiMIpll# GtlJiliD,.j CI,fmWJU'. Fbrid4. Swftib FflrlLalukrdalt, ~ritU (NonA) Fo" l4tI*rMl4. FkJrUtl - Allport (pz", 2 adtIUio,..s) NUJm~ Florida · ,,;.cUll '~inr Mi41nJ, Florida. Civie Center MI4mI, '~1"iM . Go,.,. ClfMlu Pl4nr City. FIorid4 (plll$ tul4ilion) Richmond. l'ir,wo (p1lll .f1Il) Tt>>y4. FIo;iIJII (BAsr) TtlIIIpQ. ~NItI . Ail7H>>1 (p,", tMUiH(IrI) Mill," BttAclr, FltJ.u. (plMs "dilkm) f' . 'I'HB Rl'T'J'..cARL TON RaTPl.. COMPA.m: TIJ, Ri~.Carltcm, Amcr/i4: lsflmtl Tis, Rif:..CGrllon., A,pt" The Ritz..(4rUQIJ, N~r<l '171t Ritt,ClVlton. Bal, Ht1~Z Am. BtuccloNJ Th4 RilZ.-C."hiHJ. Bos'~ (rIMWIIiM) ThI Rih.Cfll'lItm. Bu~1chc4ll (plMl rowVllfIMl) 1M ~.Cllrirtm, c.u:un 1'h. Riq-c.rltoll, ClPclwtd Th. RilZ.C.,.~1I, /}eQrbf}m 1M Rilf.-CtJHt(1J1, DcndJl, J4)i ."" J'tt..OvU411J. 8MB K<mt 1~ Rir%.Crvwn. HounD" (reFldtIMkm) TM &.ClIrhDlI, Hr4rI';"grolf (1I~ cOllllrucdonlplru reMvation) The Rirz.~"I1(1'" KdruIU' City (con\l,rsiMl) n. RflZ.Cv~n. K4ptIJua T~ Rf1t.Carll()1I, U,1l1I4 Nip" 1M Rdl,.CarltoJl. M4riM., RfI' 'I'M Riu;.wrllf1J1, M(JJUID l.tmi 1'hf Rin- Carlttm. NgpUs The Ri/&.<ArlrCHL, NN Y"rk (r'Mw.t"mJ 1M R.itl;.Cf.I1llD", ~ TAr Ril1:.Ou-"~". Pf/Jm BW4Ch '1'h, Rill.CGrlt~n. ',,,",,on City 'TM Rltr.-CaJ'IttJ", Philfl.Utphia TM R.1l..O"ltOll, Pltoem The Ril:.CdrltD1I. R.lzMM MIYdge 111, Ri~.C""'r()lt. Slit F~o (ccnvmion) The Ritt,CilrltOll. S~IIft1Gonstrw:riDrtlplru 1'~"",,~; The R.1J:. C mltOll, Sr. Lou;, 1M R~-C<ulttJn. 3inlGPOI'f ~ Ra:.C4rltrt>n. Sydney (MW CD/lSlTucriDrtlplJLr tuJdrrlcn) 7'IJ. Rir&-CGrlfq,.. ~ C""",. ."., Rit:-C4rll'11\ W.,,.tII,IOIL D.C. (relllJWllio1z) . M'A'RltIO'I"I' "R'OTBJ.1i ArfmIrcr. G.~,..;.. Airporr NeM! Yo'" - u,..4rdi4 AiJ'P4'1'l HIl7ml HItIIJ lslM4. SOfIlh CtlrDliNJ MlWradel R,y, OrlfDmi. Orl4ndo, FI.orldt1. Ai7pDIf Po"" V. "6'11. 11orid" . SaWlfAlS PIPtlItfI4 City Bt<<J" Flori.. . BfI'Y PDitrtllW~rt SfIII F~ctJ. CtJlpmia . FUh~mran"J W^~rf O,lmJe, .FloridA . S4ttdltIkt RoQd ar 1111_~1 Blvd. (1'IMVoosVpllll tMIItJitiq,,) "7'HS PROJECI'S USTED ABOVE MPRJJS8N'I' THE C01.UCT1V6 J'XPEKJENCE OF THE STAFF OF M~RlUTY AND COMPANY '-"; /" Gd4itilm ro 1M .~, ~kd Mr,l F(lJ<<~, 1M eOlfllHll'i~,,4I/ ~ eD'I8uuTtlble ezpC';~M~ iii WlrlDlIZ IlVtu oj pbarP, for projtm iff tile fol~iII, ",,",111: ANlritI. BGIuImAr. C~ ChIM, C%ICMslovlllaa. S,YfI. (JCfl'lfM"J. Hf6fIA7'1. 111M",. Japflll. Mui~, N" Zc4kmtJ, PhilippiAu ad {lnalil AJ'db ."'41". 11>>'97 Pat,1 . 4 -/ .- CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA '. AND TERRITORIAL PARTNERS, LLC A MINNESOTA LIMITED LIABILITY COMPANY This document was drafted by: . David T. Magnuson Magnuson Law Finn 333 Nonh Main Street, #202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 Section 1.1. Section 2.1. Section 2.2 Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7. Section 3.8. Section 3.9. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. TABLE OF CONTENTS ARTICLE I DefInitions Definitions .. . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. .. . . .. . . . . . .. . .. . . .. . . . . . . . . . . . . .. . . . .. .. .. .. .. . . . . . . . . . . . . . . 1 ARTICLE IT Representations and Warranties; Interpretive Rule Representations by the City ......................................................................... 3 Representations and Warranties by the Redeveloper ............................................. 4 ARTICLE III Conveyance of Redevelopment Property Conveyance of Redevelopment Property ........................................................... 5 Time of Closing. . .. . .. . .. . . .. . . . . .. .. . .. .. .. . .. . .. . .. .. . .. .. .. . . .. .. . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . .. 5 Consideration......... ......... .... .... .... ..... ..... ................. ......... ...... .................... 5 Title ....................................................................................................... 5 Additional Conditions to City Acti. ities ............................................................ 6 Limitation on City's Financial Obligations.... ..................................................... 6 City Action Promised Prior to Conveyance .......................................... ..............6 The City's Promises and Covenants that will Survive the Closing............................. 7 Redevelopers' Covenants that will Survive the Conveyance of the Office Center Property 7 ARTICLE IV Construction of Minimum Improvements Construction of Minimum Improvements .......................................................... 8 Construction Plans. .. . . .. . . .. . .. . . . .... .. . . .. .. .. . . . .. .. .. .. .. .. .. . .. . . . .. .. . .. .. . . . . . .. . . . . .. .. . . . .. . .. 8 Commencement and Completion of Construction................................... .............. 8 CenifIcate of Completion........................................................................... ... 9 Indemnity................................................... ._............................................. 9 Tax Increment Payments............. ................... .............................................. 9 ARTICLE V Insurance Section 5.1. Insurance................................................................................................... .10 ~' .. .' . - . . ARTICLE VI Real Property Taxes and Assessments Section 6.1. Real Property Taxes.................................................................................. .12 Section 7.1. Section 7.2. Section 8.1 Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. Section 10.1. Section 10.2. Section 10.3. section 10.4. Section 10.5. Section 10.6. ARTICLE VII Financing Financing............................................................................................... .13 Limitation Upon Encumbrance of Property...................................................... .13 ARTICLE VITI Prohibitions Against Assignment and Transfer Representation as to Redevelopment.................... .......................................... .13 ARTICLE IX Events of Default Events of Default Defmed............................................................................ 14 Remedies on Default............. ......................... ........................................... .14 Revesting Title in City Upon Happening of Event Subsequent................................15 No Remedy Exclusive............... ................. ....... ..... .................................... .15 No Additional Waiver Implied by One Waiver...... ......... ............... .................... .15 ARTICLE X Additional Provisions Conflict of Interests; City Representatives Not Individually Liable.................................................................... .15 Equal Employment Opportunity ................................................................... .16 Provisions Merged With Deed .................. .......:..... ............................ .... .......16 Titles of Articles and Sections...................................................................... .16 Notices and Demands................................................................................ .16 Counterparts........................................................................................... .16 TESTIMONIUM SIGNATURES ii SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E Description of Redevelopment Property Redevelopment Deed (describing Hotel Parcel) Assessment Agreement and Assessor's Certification Certificate of Completion and Release of Forfeiture Permitted Encumbrances -- . . iii .. . . CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, effective the day of , 1999, between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and TERRITORIAL PARTNERS, LLC (the "Redeveloper"), a Minnesota limited liability company. WITNESSETH: WHEREAS, the City is a home rule charter city organized and eXIStIng pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No.7 (the "Financing District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan the City has acquired certain real property located in the District (the real property is more particularly described in Schedule A to this Agreement), and has determined to sell the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that th~ development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions 1 ~, Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.01. "Act" means the Municipal Development Districts Act, Minnesota Statutes, Section 469.124 et~., as amended. .. 1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.02A. "Assessment Agreement" means an agreement made pursuant to Minn. Stat. ~ 469.177, Subd. 8, a copy of which is attached as Schedule "C" 1.1.03. "Available Tax Increments" means those tax increments received in the six months prior to the Scheduled Payment Date with respect to the Redevelopment Property, less administrative expenses as defined in Minn. Stat. ~ 469.174, Subd. 14. 1.1.04. "Certificate of Completion" means the certification, in the fonn of the certificate contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.05. "City" means the City of Stillwater, Minnesota. 1.1.06. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) must include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may reasonably request. . 1.1.07. "County" means the County of Washington, Minnesota. City. 1.1.08. "Development District" means Municipal Development District No. 1 created "by the 1.1.09. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.10. "Holder" means the grantee under any Mortgage. 1.1.11.. "Hotel Parcel" means that portion of the Redevelopment Property described as the "Hotel Parcel" on Schedule A., legally described as Lot 1, Block One, Territorial Prison Addition, Washington County, Minnesota. 1.1.12. "Hotel" means the hotel building, conference center, restaurant bar, lounge, and other improvements and accessory uses necessary for the operation of a hotel conference center and destination bar restaurant. 1.1.13. "Minimum Improvements" means the improvements to be constructed by the . 2 - . . Redeveloper on the Redevelopment Property, as detailed in the construction plans, that will have, when substantially complete, a minimum market value of at least $9,704,641. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Section 116D.Ol et ~., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.Ol et ~., as amended. 1.1.16. "National Environmental Policy Act" means the federal law located at 42 U.S.C.~~4331 et ~., as amended. 1.1.17. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.18. "Park Parcel" means that Property, legally described as Lot 2, Block One, Territorial Prison Addition, Washington County, Minnesota. 1.1.19. "Permitted Encumbrances" means the encumbrances described in Schedule E of this Agreement. 1.1.20. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.21. "Redeveloper" means Territorial Partners, LLC, a Minnesota limited liability company. 1.1.22. "Redevelopment Property" means the real property described in Schedule A of this Agreement, consisting of the Hotel Parcel. 1.1.23. "Redevelopment Property Deed" means the Deed in Schedule B of this Agreement, to be used to convey the Redevelopment Property from the City to the Redeveloper. 1.1.24. "State" means the State of Minnesota. 1.1.25. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE II Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undenaking on its part herein contained: 3 t 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. -- 2.1.2. The City has created, adopted and approved the Development District in accordance with the tenns of the Act. 2.1.3. The City has acquired the Redevelopment Property in accordance with the Plan and this Agreement and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat. ~ 116J.993 et seq. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the tenns of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning ordinance of the City. 2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property fa be in violation of any local, state or federal environmental law , regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. . 2.2.4. Neither the execution and d_elivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfIllment of or compliance with the tenns and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. . 4 . II . . ARTICLE III Conveyance of Redevelopment Property Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Anicle III of this Agreement if the following conditions are fIrst satisfIed with respect to the Minimum Improvements to be constructed thereon: (i) the Redeveloper is not then in default under this Agreement; (ii) the conditions set forth at Section 3.5 have been satisfIed or waived in writing; Section 3.2. Time of Closing. 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City will execute and deliver to Redeveloper the Redevelopment Property Deed on the earlier of: (i) the conditions set forth in Section 3.5 have been satisfIed; (ii) June 1, 2000; or (iii) on such other date as the City and the Redeveloper agree in writing. 3.2.2. Unless otherwise agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price will be made at the principal offices of the City. Section 3.3. Consideration. 3.3.1. The price to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of closing, will be $870,000, payable as follows: (a). $570,000 cash at closing and the balance of $300,000 paid as a special assessment against the property that the City will levy annually and cenify to the county auditor for collection with the real estate taxes. The assessment will bear interest at 6.5 % per annum and will be payable beginning in the year following substantial completion of interest only for a period of seven years at which time the entire amount will be due, or earlier upon the sale or refining of any mongage that the redeveloper has granted against the property. The redeveloper also hereby waives any right to challenge the assessment pursuant to Chapter 429 of Minnesota Statutes or any other law or rule. Redeveloper further agrees that the benefIt occurring to the Hotel Parcel by reason of the Storm Sewer construction upstream of the site is of greater benefIt than the assessment. Section 3.4. Title. 5 ,. 3.4.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment Property Deed, review the state of title to the property and take any action reasonably necessary to render title to the parcel marketable. .. 3.4.2. The City will voluntarily take no action to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deed for the parcel is executed by the City and delivered to the Redeveloper. Parcel. 3.4.3. Reservation of Park Parcel. The City will reserve for municipal and city uses, the Park Section 3.5. Additional Conditions Pre~edent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by June 1, 2000. 3.5.1. The Redeveloper has funded mortgage financing or shown sufficient equity infusion to the satisfaction of the City sufficient for construction of the Minimum Improvements. 3.5.2. The Redeveloper has submitted t.; the City executed binding construction contracts that will provide for construction of the Minimum Ir 1provements within the time frames specified for the construction in this Agreement. 3.5.3. The Redeveloper has received a dtsign permitting special use permit and building permit as required by Heritage Preservation Committee ('"HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building G.ucial, the City Engineer, the City Council. . Section 3.6. Limitation on City Financial Obligations. 3.6.1. In no event will the City be oblig.1ted to expend any more funds than the tax increment expressly described in this agreement. 3.6.2. In the event that the Redevelop~!s are not entitled to a conveyance by June 1, 2000, this agreement will be void and any sums paid to th~ City in the way of earnest money or other fees are forfeited. Section 3.7. City Action Promised Prior t,) Conveyance. 3.7.1. The City will take the following action in a timely manner prior to making the conveyance to the Redevelopers: ' a. Insure the buildings and other structures on the property against all risks for fire, wind storm and damage to the full insurable value thereof and in the event of any destruction and the receipt of insurance proceeds by the City, pay over the proceeds to the Redeveloper at the closing, provided the Redeveloper is otherwise . 6 . II . . entitled to a conveyance pursuant to this Agreement. b. The City will review and approve the Redeveloper's submissions to the City in a timely manner. Section 3.8. The City's Promises and Covenants that will Survive the Closing. 3.8.1. The City covenants that the following actions will be taken and be continuing after the closing and during the term of this Agreement: a. The park parcel above the Hotel Center site wall will be maintained by the City at a level of maintenance that will not interfere unreasonably with the Hotel use; b. No building structures or landscaping will be constructed by the City on the park parcel that will block, interfere with or impede the view from the Hotel Parcel of the riverside view without the Redevelopers consent, which consent will not be unreasonably withheld; c. Grant to the Redevelopers easements needed for access to the Hotel Parcel across the Park Parcel and any easement needed for conveyance of utilities and storm water; d. The City will not allow any buildings or structures to be erected on the Park Parcel above the wall without the written consent of the Redevelopers, which consent will not be unreasonably withheld; e. Issue to the Redevelopers or their designees, in sufficient time for the opening of the Hotel, Restaurant, Conference Center, Bar, and Lounge, the intoxicating on- sale liquor license that has been made available to the City pursuant to Chapter 270 of Laws 1996 subject to the payment of the required liquor license fee. f. Hold the Park Parcel to park, open space and related uses consistent with the limitations regarding any change of use restrictions contained in the City Charter. Section 3.9. Redevelopers' Covenants that will Survive the Conveyance' of the Hotel Property. 3.9.1. The Redevelopers promise the following continuing actions that will survive the conveyance of the hotel property to the Redevelopers: a. Allow public parking use of the hotel parking lot on any portion of the parking constructed by the Redevelopers that exceeds 275 spaces and other public parking mutually agreed to that will not interfere or impede of the Hotel, Restaurant, Conference Center, Bar and Lounge operations; b. Grant to the City any easements needed for municipal utilities and storm water drainage provided that the easements will not unreasonably interfere with the Hotel, Restaurant, Conference Center, Bar and Lounge operations. 7 .' c. Maintain without cost to the City the area below the Prison Wall except for costs associated with storm drainage emanating from off-site. .. d. Submitted to the City in a timely manner and data required to establish TIP eligible expenses or other information needed to comply with a Business Subsidy Agreement. ARTICLE N Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior or the size of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. . Section 4.3. Commencement and Completion of Construction. The Redeveloper must commence construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment Property Deed, or on the date the parties agree in writing. The Redeveloper must complete the construction by May 31, 2001. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approyed by the City. . The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at . 8 . .. . . the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certiiying. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. 4.4.2. The certificate provided for in Section 4.4 of this Agreement must be in a form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City refuses or fails to provide any certification in accordance with the provisions of Section 4.4 of this Agreement, th~ City must, within five (5) business days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction will be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold hannless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. . Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements are substantially completed by June 31, 2001 the City agrees to pay in equal installments, during the years beginning on September 1, 2002, and again on March 1, 2003, (the "Scheduled Payment Dates") and each August 1 and February 1 thereafter for the life of tax increment financing district No.7, a sum equal 5128,000; the "Scheduled Payments." If the Minimum Improvements are not completed by December 31, 2001, and the City grants an extension of the completion date to the Redevelopers, the dates of payment of available tax increments will begin September 1st of the first year taxes are payable resulting from the full assessment of the Minimum Improvements and continuing thereafter.. The payments of the Tax Increment will be made pursuant to a Business Subsidy Agreement and subject to any other applicable provisions of the Minnesota Business Subsidy Laws (Minnesota Statutes Sections 116J.993 through 116J.995. Each payment will be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper, Territorial Partners, LLC. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to 9 6- the extent that the City has received as of the Scheduled Payment Date Available Tax Increments, as defmed in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. .. This obligation is not payable from or will it constitute a charge upon any funds of the City, and the City will not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Redeveloper will never have or be deemed to have the right to compel any exercise of any taxing power of the City. Section 4.7 Tax Increment Revenue Bonds The City will take action through the enactment of resolutions and other official documents to issue non-recourse conduit Tax Increment Revenue Bonds in the appropriate amount of $2,313,000. This action will be taken in a timely manner in order to facilitate the Redeveloper's financing plans. ARTICLE V Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's Risk Insurance, written on the so-called "Builder's Risk-Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting fonn on the so-called "all risk" fonn of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. . (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than 51,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella e~ess liability policy may be used). (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above must be in form and content satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause (i) above will contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. . . 10 , II . . 5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity Date of the Redevelopment Mortgage, the Redeveloper must maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City must furnish proof of payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering the risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood in an amount not less than the full insurable replacement value of the Minimum Improvements, but any policy may have a deductible amount of not more than $25,000. No policy of insurance may be written so that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" means the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and will be detennined from time to time at the request of the City, but not Ulore frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Redeveloper and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements must be carried in the names of the Redeveloper and the City as their respective interests may appear and must contain clauses which provide for Net Proceeds of insurance resulting from claims per casualty thereunder to the Minimum Improvements to be made payable in accordance with the tenns of any approved Mortgage, or if no Mortgage, in trust for the benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper must agree on the amount of settlement. (ii) Comprehensive' general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence and for each year for liability arising out of ownership or operation of automobiles (or other motor vehicles). (Hi) Such other insurance, including worker's compensation' insurance respecting all employees of the Redeveloper engaged in work with respect to the construction of the Minimum Improvements, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self- insured with respect to all or any part of its liability for worker's compensation. 5.1.3. All insurance required in Article V of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy must contain a provision that the insurer will not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification 11 becomes effective. Not less t:han fifteen (15) days prior to che expiration of any policy, che Redeveloper must furnish che City evidence satisfactory to che City that che policy has been renewed or replaced by anocher policy conforming to che provisions of this Article V of this Agreement, or that chere is no necessity cherefor under che terms hereof. In lieu of separate policies, che Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination chereof, having che coverage required herein, in which event che Redeveloper will deposit wich che City a certificate or certificates of che respective insurers as to che amount of coverage in force upon che Minimum Improvements. 5.1.4. The Redeveloper agrees to notify che City immediately in che case of damage exceeding $25,000 in amount to, or destruction of, che Minimwn Improvements or any portion chereof resulting from fire or other casualty. In che event that any such damage does not exceed $25,000, che Redeveloper will forthwich repair, reconstruct and restore che Minimwn Improvements to substantially che same or an improved condition or value as it existed prior to che event causing such damage and, to che extent necessary to accomplish such repair, reconstruction and restoration, che Redeveloper will apply che Net Proceeds of any insurance relating to such damage received by che Redeveloper to che payment or reimbursement of che costs chereof. In che event che Minimwn Improvements or any portion chereof is destroyed by fire or ocher casualty and che damage or destruction is estimated to equal or exceed $25,000, chen che Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore che damaged Minimwn Improvements substantially che same condition or utility value as it existed prior to che event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply che Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to che payment or reimbursement of che costs chereof. Any Net Proceeds remaining after completion of construction will be disbursed to che Redeveloper. 5.1.5. If the Redeveloper is in compliance wich the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Redeveloper specifying che expenditures made or to be made or the indebtedness incurred in connection wich the repair, reconstruction and restoration and stating that the Net Proceeds, together with any ocher moneys legally available for the purpose, will be sufficient to complete the' repair, construction and restoration. The Redeveloper must complete che repair, reconstruction and restoration of the Minimwn Improvements, whecher or not che Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE VI Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 12 ,. .. . . . . . 6.1.1. The Redeveloper must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. ARTICLE VII FinancinlZ ~ Section 7.1. FinancinlZ. ~ 7.1.1. The Redeveloper must have submitted prior to conveyance of the Redevelopment Deed evidence of a conumtment for financing or equity intrusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: (a) for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies), and (b) except operating agreements. ARTICLE VIII Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property imd not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. 13 ARTICLE IX . Events of Default Section 9.1. Events of Default Dermed. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. (Intentionally left blank.) 9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.4. Failure by the Redeveloper to satisfy all conditions precedent to City action by December 31, 1999. 9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the tenns, conditions and limitations of Anicle IV of this Agreement. 9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its pan to be observed or performed hereunder, including, but not limited to a violation of any condition of approval required by ~ 3.5.4. of this Agreement. . 9.1.7. The Redeveloper makes any changes to the Construction Plans without approval of the Grantor of any permit or approval described in ~ 3.5.4 of this Agreement. 9.1.8. The Redeveloper constructs Minimum Improvements that are different from the Minimum Improvements described in the approved Construction Plans. 9.1.09. The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; (ii) makes an assignment for the benefit of its creditors; (Hi) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take anyone or more of the following actions: . 14 . . . Deed. 9.2.1. Suspend its performance under the Agreement and refuse to deliver the Redevelopment 9.2.2. Terminate this Agreement. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: 9.3.1. The Redeveloper fails to begin construction of the Minimum Improvements in conformity with this Agreement by May 31,2000. Section 9.4. No Remedy Exclusive. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article IX. Section 9.5. No Additional Waiver Implied by One Waiver. In !he event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. .- ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to 15 the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. . Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law , ordinance or regulation. Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended to and will be merged with the Deed transferring any interest in the Redevelopment Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper c/o John Lang, Esq., Messerli & Kramer, 1800 Fifth Street Towers, 150 South Fifth. Street, Minneapolis, Minnesota 55402-4218; and . (b) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. . Section 10.6. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as Of the date first above written. .. 16 . . . STATE OF MINNESOTA COUNTY OF WASHINGTON) THE CITY OF STILLWATER, MINNESOTA By Jay L. Kimble, Its Mayor By Morli Weldon, Its City Clerk TERRITORIAL PARTNERS, LLC, a Minnesota Limited Liability Company By John W. Lang, Its Financial Manager ) ) ss. On this day of , 1999, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Morli Weldon, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) Notary Public On this day of , 1999, before me, a Notary Public within and for said County, appeared John W. Lang, Chief Financial Manager of Territorial Partners, LLC, a Minnesota Limited Liability Company, to me personally known who, being duly swom, did say that he is the individual named in the foregoing instrument and that this instrument was signed as the free act and deed. Notary Public 17 This instrument was drafted by: . David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 651-439-9464 . . 18 . SCHEDULE A Lot 1, Block One, Territorial Prison Addition the plat thereof now on file and of record in the office of the County Recorder, Washington County, Minnesota, as set forth on the map attached as page A-2. . . A-I . TERRITORIAL PRISON ADDITION I I .... I j I .0 m I ~ I I .. ~ l-Norlh 0.. tol4 lIIodr' l: - I .... I ~ I L - - - - - - - -~- CI) ;,lo.\ , - if - - - a:o~" ~~ s;" I ~ 1nJ fO '\ I 54" 5 W\ I 1"-- "AR"~., .. t I r r~ I I stNI"fH'IIJ ..." 1.3 "',., L.I. .A :3 ~ ~ ~ I -J4aIllD- .. !.. _ UN Of ,... _ &DO"I I '~ .c-., I B:ock " -- 111 TNt 01 &<II .It. l!'""" .. Qr/I 1I'J" ..J cs. L ...-!--,.. .. - -.....,. _. ~ ~ ",___...;.iII ., ~","".'~ .r ~ C:5 _~ _ _ _ _ _ - -~-;;;;;;;;;;-... ~~__. '-- ...I~&t!-_ ..~ ~- S1Jr~1d'" East 51 ~ ~ ':- , '(",>...~_-::.. --T\--=--===-=--'" ~il SouIftUNCaoe__ . ~~L'-............... ~~ , I ! ......sou... UN tol ~ - · A 1_ ~... "'t _ I ~4::O ....... hi 0..- r".. 0. -' ~A ~ _ .... ....... -... No_' I 3 "'l! I LOT 2 ""17>0 ....... s.tA'c.m... ...... - ~r;:"fi '3Ao?"'11' ....... - - 'II I ~~ ~ '111;~....... - - - -11 :Ie... u" ~ -6J tr ....... ....... ""''''''' ......... t"\......... -- ~SJ ....,4- ,7G.Of ~"_/ ......&9~ ......... ......... I ..-..vo'cu'"X · ......... ,..... .,.. ~ '-J . SG,/Ul.E,":aUR(;'S A nn,T,,,,, I nvv, , IV" 50'.'e:: :!3 .... QO\ e .... (.") . VICINITY ..,iP SEC. "0 t" 0 &1 1I ~~k ~ ... . ~ I .. .. ..... 1 .... l.. _0 ~ ..: ~ 5 . . ... I l (;" .:r:lr,.~,~'!r .... i ~ .':'.~ L()r 2 "'IU~ LOT 1 5.q~ BLOCK ONE ". . .~::::::~ :'.~ 7:/ ~'.:: :' '.: .::.:~ l'~~ fO - - - -- - - - \ \ - - - - - - LOT 2 .,p.1 -rO','11 "'1...1 A,\~ "'t"'1I ..r Ct\!' L3:0~~ 1 I ~ I ~J .f" ~ I: &,1 ;:~ .. ~ ~ \ 4 , .... N _.rb -;: ...... - - I .. .-vY - I l ~ I -- Iii ~ fq. I: lit) 1~ I \ "-Q ,j ~ \... 't'b"':: J, 'L(~'a,;;: ~p Oo?~ tr "'~ I I I~ ' '-_ I I I Q I f? ll;...~~~ C t~ : I ~.....- C. " I " ,..1.,....... I.., '..10':: ""I; '1 i ,." I.... ~ I i Ii C:-:C:' ; iiI ~ ~I " \ I I I I I .c: ,ti -~ I . .....11 I , c: I 1'- L. .., I I I I I :. . . . SCHEDULE B THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and Territorial Partners, LLC, a Minnesota Limited Liability Company (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"), as described as Lot 1, Block One, Territorial Prison Addition. To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee effective on the day of , 1999, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, without the consent of the Grantor until a cenificate of completion releasing the Grantee from certain obligations of the Agreement as to this Property or any part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mongaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the construction of the improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so cenifying. The cenification by the Grantor shall be (and it shall be so provided in the cenification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion _ thereof. The cenification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mongage, or any insurer or a mongage, or any insurer of a mongage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part' thereof. All cenifications provided for herein will be in a form that will enable it to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any cenification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within B-1 thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. .: SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defmed in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandomnent or suspension shall not be cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above. SECTION 3. . The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and its successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for office center, restaurant, conference center and meeting room purposes; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The Assessment Agreement. (e) Comply with the provisions of Article V and VI of the Agreement relating to insurance coverage, and the payment of real property taxes. . It is intended and agreed that the above and foregoing agreements and covenants shall be . B-2 . . . covenants running with the land, and that they shall,in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 7, as amended as of the date of this Agreement. (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, state and federal laws and regulations in so far as they affect this real estate. (c) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this _ day of , 1999. THE CITY OF STILLWATER, MINNESOTA By Its By Its B-3 STATE OF MINNESOTA ) ) 55. COUNTY OF WASHINGTON) On this _ day of , 1999, before me, a notary public within and for Washington County, personally appeared . and to me personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing instrument; that the seal affIxed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. Notary Public This instrument was drafted by: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street Suite 202 P.O. Box 438 Stillwater, Minnesota 55082 651/ 439-9464 B-4 . . -. . SCHEDULE C ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF ST~WATER, MINNESOTA AND TERRITORIAL PARTNERS, LLC A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON . Drafted by.: . David T. Magnuson, #66400 MAGNUSON LAW FIRM 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 651/439-9464 ASSESSMENT AGREEMENT . THIS AGREEMENT, made on or as of the _ day of ,1999, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), Territorial Parmers, LLC, a Minnesota limited liability company (the "Redeveloper"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described as Lot 1, Block One, Territorial Prison Addition, Washington County, Minnesota; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct an Office Center, Conference Center, Bar, and Restaurant upon the Redevelopment Property (the "Minimum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a mInImum market value for Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; . NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery' to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax Schedule A, with the' Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be $9,704,641. The parties to this Agreement expect that the construction of the Minimum Improvements will be substantially completed on or before December 31, 2001. 2. The minimum market value shall be of no furthet. force and effect and this Agreement shall terminate on the date when the Redevelopment Contract either expires or terminates. 3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule A hereto. The Redeveloper must pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the C-I e e . . Redeveloper. 5. This Agreement may be simultaneously executed in several counterpans, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF STILLWATER, MINNESOTA By: Jay L. Kimble, Its Mayor By: Morli Weldon, Its Clerk TERRITORIAL PARTNERS., LLC a Minnesota limited liability company By: John W. Lang, Its Chief Financial Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1999 before me,' a Notary Public within and for said County, personally appeared Jay L. Kimble and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that said instrument was signed on behalf of said City by authority of its Council; and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City. Notary Public C-2 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1999, a Notary Public within and for said County, personally appeared John W. Lang, Chief Financial Manager, of Territorial Partners, LLC, a Minnesota limited liability company, to me personally known, who, being duly sworn, did say that they are the Redeveloper, that the instrument was signed on behalf of the Redeveloper and the President acknowledged the instrument to be the free act and deed of the Redeveloper. Notary Public CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of the property legally described as lot 1, Block One, Territorial Prison Addition, Washington County, Minnesota, hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than until termination of this Agreement. County Assessor, Washington County C-3 e . - . . '. STATE OF MINNESOTA ) ) 55. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this _ day of , County Assessor of the County of Washington. Notary Public C-4 , 1999, by SCHEDULE "A" to ASSESSMENT AGREEMENT Section 469.177, Subd. 8 Assessment Agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to Section 469.176, Subd. 5, enter into a written agreement in recordable form with the developer or redeveloper of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to Section 469.176, Subd. 1. The assessment agreement shall be presented to the county assessor, of the jurisdiction in which the tax increment financing district is located. The assessor shall review the plans and specifications for the improvements are to be constructed review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon such agreement: The undersigned assessor, being legally responsible for the assessment of the above-described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ Upon transfer of title of the land to be developed or redeveloped from the authority to the developer or redeveloper, such assessment agreement, together with a copy of this subdivision, shall be filed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper, the assessor shall value the property pursuant to Section 273.111, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax pwposes; proviged, however, that the developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or fihng of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be being upon them. C-5 . . .' . . . SCHEDULE D CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) _ has conveyed to Territorial Partners, LLC, a Minnesota Limited Liability Company (the "Grantee"), the following described land in the County of Washington and State of Minnesota, to-wit: Lot 1, Block One, Territorial Prison Addition and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has perfonned the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to pennit the execution and recording of this certification; NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopment Contract have been perfonned by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive detennination. of the satisfactory tennination of the covenants and conditions of the contract referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect. Dated: THE CITY OF STILLWATER, MINNESOTA By Its By Its D-l -. SCHEDULE D CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE . WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) _ has conveyed to Territorial Partners, LLC, a Minnesota Limited Liability Company (the "Grantee"), the following described land in the County of Washington and State of Minnesota, to-wit: Lot 1, Block One, Territorial Prison Addition and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopment Contract have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determinatio~ of the satisfactory termination of the covenants and conditions of the contract referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect. . Dated: THE CITY OF STILL WATER, MINNESOTA By Its By Its .. D-I .. e . . SCHEDULE E A first mortgage, subject to the terms of this Redevelopment Agreement Contract, including Article VII thereof entitled "Financing". E-l . MEMO To: From: Subject: Date: Mayor and City Council . 1-/ Klayton Eckles, City Engineer 'ty McKusick Ravine Study - Project 9926F December 17, 1999 Discussion: Attached is a report from Bonestroo concerning the downstream conveyance system from McKusick Lake to the river. The water from McKusick Lake currently flows through a ravine system which has been named various things over the years including McKusick Ravine, Laurel Street Ravine and Mulberry Street Ravine. For the sake of this report, I would suggest that we call it by its historical name which is the McKusick Ravine. In order to manage extra water from expansion area development, the additional flows arriving in McKusick Lake need to be discharged at a higher rate. This will cause erosion problems in the McKusick Ravine and will also cause over taxing of the already substandard storm sewer systems in downtown Stillwater. . The solution presented by Bonestroo has a total estimated cost of$I,688,900. This cost would restore and protect the existing ravine from erosion, create a permanent creek bed and put most of the additional water into a underground storm pipe system. This solution would also deal with several problems downtown. It would add an additional pipe system from roughly 4th Street to the river. This pipe system would not only carry additional waters from McKusick Lake, but would also capture some of the excess flows on 4th Street, 3rd Street and 2nd Street, and pipe these excess flows directly to the river. This would greatly improve problems with the over loaded storm sewer system in downtown. It would probably eliminate the surcharging that pops manholes and causes geysers during extreme storm events. It would also greatly reduce the flow and flooding problems which occur in the open channel near the Lowell Inn and on the east side of 2nd Street. Also this solution would improve maintenance access to the ravine system and provide the possibility of creating a trail connection through the ravine from Owens Street to the Library. All of the costs of these improvements would be paid for through the trunk: storm water charges which are levied against new developments in the annexation area. We just learned that Stillwater was successful in its request for a low interest loan from the state. The $1.1 million that we will receive from the state will allow us to construct much of these improvements in the year 2000. It is recommended that we make an additional request for 2001 which would allow us to finish this project out. Representatives from Bonestroo will be present to go over the details of this report and answer any questions that the City Council may have. Recommendation: Staff recommends that Council adopt the findings and recommendations of the McKusick Ravine Study including preparation ofa work plan to bring this project to construction. . Action Required: If Council concurs with staffs recommendation Council should pass a motion adopting and accepting the McKusick Ravine Study. 1. , '1'.. :l>,r ~-;, . Report On . McKusick Ravine Study Stillwater, Minnesota December, 1999 File No. 510-99-102 . . fl. Bonestroo p Rosene ri Anderlik & 1 \J 1 Associates Engineers & Architects e ~ - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene. Anderllk and AssoCIates, Inc IS an Afflfmatlve Action/Equal Opportumty Employer PrincIpals Otto G Bonestroo, PE . Joseph C Anderllk, PE . Marvin L Sorvala, PE . Glenn R Cook, PE . Robert G Schunlcht, PE . Jerry A Bourdon, PE . Robert W Rosene PE, Richard E Turner PE and Susan M Eberlin, CPA, Senior Consultants AssoCIate PrincIpals Howard A Sanford, PE . Keith A Gordon, PE . Robert R Pfefferle, PE . Richard W Foster, PE . David 0 Loskota, PE . Robert C Russek, A I A . Mark A Hanson, PE . Michael TRautmann, PE . Ted K Field, PE . Kenneth P Anderson, PE . Mark R Rolfs, PE . Sidney P Williamson, PE , L S . Robert F Kotsmlth . Agnes M Ring' Allan RIck Schmidt, PE OffIces St Paul, Roche'ster, Wlllmar and St Cloud, MN . Milwaukee, WI Webslte wwwbonestroocom Engineers & Architects December 16, 1999 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 RE: Mulberry Street Ravine Study File No. 510-99-102 Dear Mayor and Council: Enclosed is. our report for the Mulberry Street Ravine Study. This report gives the City a comprehensive review of the existing drainage system between McKusick Lake and the St. Croix River. Proposed improvements and cost estimates are presented and discussed in the report. The implementation of the improvements is part of the AUAR mitigation strategy and will result in significant improvements to the drainage system between McKusick Lake and the River. .._~.-:-.:~-.-.:we will-be pleased to discuss this report further with the council or city staff.ai~~;:".~...:. -... mutually convenient time. Respectfully submitted, BOY;STROO, ,ROSENE, ANDERLIK & ASSOCIATES, INC. I~~ U>>~ Rich Brasch Erik Peters 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 Minnesota. ~4~ Date: December 16. 1999 Reg. No. 14260 . 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 . Table of Contents Page No. Letter of Transmittal Table of Contents I. Executive Summary 4 II. Introduction 5 III. Existing Conditions 6 A. Ravine Flow Conveyance (McKusick Lake to St. Croix River) 6 B. Downtown Stillwater Storm Drainage System 7 . IV. Project Objectives 8 V. Evaluation of Alternatives 10 A. McKusick Lake Primary Outlet Modifications 10 B. Ravine Section (McKusick Lake to Mulberry Street) 11 a. Alternatives 11 b. Land ownership 15 c. Tree inventory (ravine) 15 d. Maintenance/public access (trail) 17 e. Existing sanitary sewer 17 C. Downtown Section (Ravine to St. Croix River) 18 VI. Cost Estimate 20 VII. Informational Meeting 20 . City of Stillwater McKusick Ravine Study 2 . . . VIII. Recommendations 22 IX. Project Schedule 23 Appendices A. Plan and Profile Sheets B. Project Cost Estimate C. Ravine Tree Inventory D. McKusick Ravine Study Photos E. Public Meeting Summary City of Stillwater McKusick Ravine Study 3 e . . . I. Executive Summary The City of Stillwater ordered preparation of this report to develop a strategy for improving the downstream drainage system between McKusick Lake and the St. Croix River. The improvements are driven by the City's effort to manage the mitigation of impacts of development within the annexation area on the City's natural resources and utility infrastructure. The 1997 AUAR mitigation plan and 1999 McKusick Lake management plan recommendations will result in an increase in the volume, duration of flow, and peak flow discharged from McKusick Lake to the St. Croix River. Consequently, the potential for escalating the magnitude and occurrence of erosion in the ravine and flooding associated with the storm drainage system will increase if no improvements are made to the existing system. . The primary issues to be addressed were the following: 1. How was the flow from McKusick Lake, which will increase in volume, duration, and peak as part of the AUAR mitigation strategy to be conveyed through the ravine? 2. What areas of the City's storm drainage system below the ravine need to be improved to convey flow from McKusick Lake to the St. Croix River? The McKusick Ravine Study is a comprehensive report on the development and selection of a strategy to improve the conveyance of flow from McKusick Lake to the St. Croix River. Two improvement alternatives were evaluated for the ravine section between McKusick Lake and Mulberry Street. Three improvement alternatives were evaluated between the bottom of the ravine and the St. Croix River. Implementation of the recommendations contained within the report will result in a significant improvement in the management and conveyance of surface water from McKusick Lake to the St. Croix River. . City of Stillwater McKusick Ravine Study 4 . . Some of the benefits and improvements to the management of runoff through the ravine east of North Owens Street, and down Mulberry Street to the river are listed below. 1. The ravine between Owen and Mulberry Streets will be improved by: a. Improving the access into the ravine for public use and maintenance activities by City staff. b. Repair and stabilization of the existing channel and promotion of native vegetation necessary for bank stabilization. c. Minimizing the potential for future erosion by moderating flow in the channel, providing a pipe for large flow events and directing street runoff into the pipe. 2. Improvement will be made to the Mulberry Street storm drainage system to bring it up to design standards. Currently the Mulberry Street system is significantly under design capacity resulting in flow bypass and an overburden on the Myrtle Street system. In the following pages, a summary of the analysis of the existing runoff conveyance system and recommendations for improvements are presented in detail. The total cost for the recommended improvements is $1,688,900. II. Introduction A cornerstone of the AUAR Mitigation Plan for the City of Stillwater's annexation area is the diversion of stormwater flowing from Long Lake and other portions of the annexation area away from Brown's Creek and through McKusick Lake to the St. Croix River (see Figure 1). One issue of concern was the effect of the diversion on drainage system between McKusick Lake and the St. Croix River. Water discharged through the outlet in the southeast comer of McKusick Lake must travel almost a mile through a combination of pipe and open channels before it is discharged to the St. Croix River. At present, a little less than half of the conveyance system is enclosed in pipe. Most of the open channel is located in the ravine between . McKusick Lake and City Hall. Portions of the open channel in the ravine are moderately City of Stillwater McKusick Ravine Study 5 . eroded. The majority of this erosion appears to be caused by discharge of runoff from adjacent residential areas into the ravine within which the channel lies. Local flooding problems in the storm drainage system that traverses the downtown area have also been reported. The diversion of additional flow through McKusick Lake as recommended in the AUAR will increase the watershed of the conveyance system by about 3,200 acres. The additional runoff generated by this larger watershed means the conveyance system below McKusick Lake will carry a greater volume of flow and experience higher sustained discharges for significantly longer periods than it has in the past. Further, the City has accepted a recommendation from the McKusick Lake Task Force to increase the capacity of the outlet from McKusick Lake to minimize post-diversion water level fluctuations in the lake due to runoff events. Thus, peak flows would also increase. Under either scenario, the potential for erosion and flooding in the conveyance system below McKusick Lake will increase if no improvements are made to the system. . III. Existing Conditions A. Ravine Flow Conveyance (McKusick Lake to St. Croix River) Water discharges from McKusick Lake through a 21" pipe that extends approximately 500 feet under North Owens Street to a discharge point at the head of the ravine. The discharge is carried in an open channel through the ravine to Mulberry Street. Where North Everett Street crosses the ravine, flow is conveyed through a culvert under the street. The channel carries flow only when McKusick Lake is releasing water from runoff or drawdown of Lily Lake. The result is that flow in the channel is periodic and dry most of the time. The channel has a moderate grade, with a slope ranging from 1.5-4 percent. In general, the ravine floor is relatively flat with steep side slopes. The channel in the . upper segment of the ravine (west of North Everett Street) is stable with little erosion and City of Stillwater McKusick Ravine Study 6 . few headcuts or debris dams. The lower half of the ravine is in poorer condition. Direct discharges of stormwater runoff from the adjacent neighborhoods and debris dams have de-stabilized the channel, resulting in the formation of gullies up to 3 feet deep in various locations. (See photos in Appendix D) . At the lower portion of the ravine channel flow is discharged through a box culvert beneath Mulberry Street where it enters an old tunnel system that carries the water beneath the City Hall complex and the Water Works building. At the Water Works building, an artesian well overflow provides a relatively constant baseflow (estimated at 2-3 cubic feet per second) into the tunnel system. The old tunnel discharges into an open channel between 3rd and 2nd Streets. The area adjacent to the channel has been developed into a park-like setting with picnic tables and a play area, with the centerpiece being the spring discharge carried in the open channel. At 2nd Street flow is re-conveyed into a culvert, and subsequently in a flume-like open channel about 60 feet long between two closely-spaced commercial buildings. (See photos in Appendix D) At the bottom of the flume, the discharge once again enters a pipe system along Mulberry Street that carries the water to the St. Croix River. Figure 2 shows the existing drainage conveyance system in the downstream area of Stillwater. B. Downtown Stillwater Storm Drainage System The storm drainage system within the downtown area of the City of Stillwater was a combined system with sanitary sewer when it originally was constructed. In the 1970s a separate storm drainage system was constructed. Within the past decade, the City has been incrementally improving the capacity of the storm drainage system within the downtown area of Stillwater. As part of this study, the trunk storm drain system in the study area was reviewed and analyzed for meeting a 5-year design criterion (based on Mn/DOT drainage manual). Two areas were found to have significant capacity deficiency: . City of Stillwater McKusick Ravine Study 7 1. Myrtle Street between 4th and 2nd Streets has a capacity deficiency 15 - 25 percent below design criteria. 2. Mulberry Street between Martha and 2nd Streets has a capacity deficiency 55 percent below design criteria. . Of the two areas found to be under capacity, the Mulberry Street drainage system is the most acute. The inability of the drainage system to adequately capture and convey storm drainage currently results in flow bypassing the system and draining down 4th, 3rd, and 2nd Streets to Myrtle Street. The bypassing of flow places a greater demand on the Myrtle Street drainage system, which is already below design capacity just for runoff from the drainage it is intended to serve. IV. Project Objectives In April of this year, the City of Stillwater authorized preparation of this feasibility report . to evaluate conveyance system improvement alternatives for accommodating the altered flow regime. Based on past field and office reviews of the system and discussions with City staff, the following were identified as the primary objectives guiding the evaluation of system improvement options: . 1. Modify the outlet of McKusick Lake to allow maintenance of the normal water level at an elevation of about 853' and minimize the magnitude and duration of high water levels in the lake in response to large runoff events. Improve the ability of the conveyance system between McKusick Lake and the St. Croix River to route the projected increased flows safely through the City. Do not increase (and if possible, decrease) flooding risk to affected properties relative to the existing condition. Minimize the costs of system improvements to the extent practicable. Reduce the erosion problems caused by delivery of runoff to the ravine section from adjacent neighborhoods. Provide for some open channel flow in the ravine section. 2. 3. 4. 5. City of Stillwater McKusick Ravine Study 8 . 6. Prevent erosion in the ravine channel and adjacent system to minimize maintenance requirements for the downstream pipe system, the channel itself, and adjacent utilities and to protect water quality in the St. Croix River. 7. Minimize the loss of significant trees in the ravine section. 8. Minimize disruption to neighborhoods and the downtown area during construction. 9. Minimize the need to re-construct streets that are already In good condition. 10. Provide maintenance access and consider improved public access to the ravine. . . City of Stillwater McKusick Ravine Study 9 . v. Evaluation of Alternatives For the purposes of discussion, alternatives for the project are reviewed separately for the ravine (upper) section of the drainage system between McKusick Lake and Mulberry Street and for the Downtown (lower) section of the drainage system between Mulberry Street and the St. Croix River. A. McKusick Lake Primary Outlet Modifications McKusick Lake will have a primary and secondary outlet. The primary outlet, located near Owens Street, releases flow down the ravine. The secondary outlet (constructed with modifications to the existing dike) is proposed to be located along the north shore of McKusick Lake and will be a weir discharging north into the wetland and eventually Browns Creek. . The primary outlet of McKusick Lake will require modifications (see Figure 3). These modifications arose in part from recommendations of the McKusick Lake Task Force and were adopted by the City to minimize the extent and duration of high water levels in the lake in response to runoff events. The modifications will do the following: 1. Permit a greater discharge rate out of McKusick Lake to reduce the magnitude and duration of high water levels in the lake. 2. Provide the City with greater flexibility in managing the outflow of McKusick Lake through the ravine. When the St. Croix River is at flood stage, the primary outlet of McKusick Lake will be closed to protecting the interior portions of Stillwater. The secondary outlet to Browns Creek will serve as the only outlet until critical flood conditions have passed. 3. Provide the means to temporarily draw down the lake for shoreline vegetation management. 4. Prevent debris from clogging the outlet by the installation of a skimmer. . City of Stillwater McKusick Ravine Study 10 . . . The current primary outlet discharges through a 21" pipe. The outlet capacity will be supplemented with an 18" pipe. A comparison of the modeled behavior of McKusick Lake between existing conditions and future development conditions as outlined in the AUAR is provided in the table below. Table 1 - McKusick Lake Outlet Management McKusick 5-year Storm Event 100-year Storm Event Lake Scenario (3.5" rainfall in 24-hours) (5.9" rainfall in 24-hours) HWL Q peak (cfs) HWL Q peak (cfs) Existing 854.1 6.5 854.7 16 Future 854.6 30 855.2 32 B. Ravine Section (McKusick Lake to Mulberry Street) a. Alternatives There are two general alternatives for this section of the system (Figure 4). The two alternatives for conveying water through the ravine section are described briefly below. The principle advantages and disadvantages of each alternative are presented below. Alternative 1: Use existing ravine channel to convey a sustained base flow (2-3 cfs); rout the remainder of the flow from McKusick Lake and local stormwater discharges through a pipe to be installed along the channel. Advantage: 1. Maximizes the aesthetics of the ravine by creating an open creek flow. City of Stillwater McKusick Ravine Study 11 . . . Disadvantage: 1. Additional scrub brush and invasive/exotic tree removal with re- vegetation will be required to improve growth of natural ground- level vegetation to stabilize channel. Visual indications of disturbance would last for one growing season, until the area is fully re-vegetated. 2. Unlike a pipe system which can be buried and forgotten, periodic maintenance of the channel will be required by City staff. Maintenance activities would include removal of obstructions to channel flow and vegetation management along the stream corridor. Alternative 2: Convey all discharges from McKusick Lake and adjacent neighborhoods through the ravine within a pipe Advantage: 1. Less costly than Alternative 1 because open channel stabilization and vegetation management work would not be needed. Only local overland drainage would occur within the ravine. Disadvantage: 1. Loss of opportunity to maximize aesthetics of this environmental corridor by providing open channel flow. Both alternatives are technically feasible. Based on discussions with City staff, guidance from the City Council, and input from residents that live adjacent to the raVIne, Alternative 1 is recommended. City of Stillwater McKusick Ravine Study 12 . The outflow from McKusick Lake for Alternative 1 will be split into a base flow and a piped flow at a control manhole located just downstream of McKusick Lake. A base flow of 2-3 cfs is proposed at this time and is the basis for the cost estimates for channel stabilization in the ravine for the following reasons. 1. The amount of flow is significant enough to create a "babbling brook" type of water feature. Comparable base flows found within the city include: a. The open channel adjacent to a small downtown park between 3rd and 2nd Streets. b. The constant rate of flow that has run down the ravine this fall with the drawdown of Lily Lake by a 2-cfs lift station. 2. Minimize the cost to stabilize the open channel within the ravine and its sensitivity to erosion with associated maintenance issues for citY staff. . Significantly larger flows (7 -15 cfs) will require more modifications to dissipate energy, which will involve a wider channel and consequent loss of additional trees in the ravine bottom. Armoring of the channel would also need to be increased substantially to minimize the potential for erosion problems in the future. Both would significantly increase the cost and negative environmental impact of creating open channel flow through the ravine. Runoff from adjacent neighborhood streets which now causes erosion problems on the ravine slopes would also be addressed by: 1. Constructing catch basins at existing low points in the street 2. Replacing dysfunctional catch basins 3. Conveying street runoff through pipes down to the storm drain pipe at the bottom of the ravine The storm drainpipe in the ravine will vary in size from a 24" diameter pipe at the top to a 30" at the bottom. A conceptual layout of the plan and profile is found on Figures 5 - 8. The increase in pipe size and capacity is due to the additional flow from side streets . draining to the ravine. The crossing under North Everett Street would be accomplished City of Stillwater McKusick Ravine Study 13 . by jacking or directional drilling to minimize disruption to the street and surrounding area, though slip'lining of the existing steel culvert may also be an option. Berming over portions of the pipe through the ravine may be necessary to provide adequate cover as indicated on the conceptual layout. At the bottom of the ravine, the base flow will be directed into the storm drainpipe and directed down Mulberry Street. At this time, due to the depth of excavation, the most cost-effective method for connecting the ravine storm drainpipe with the new storm drainage system in Mulberry Street is by directional drilling. Directional drilling avoids disruption to the existing trunk: sanitary sewer line and water main, and minimizes burial depths for the lateral storm drainpipe between 4th and 3rd Streets along Mulberry Street. However, other open cut alternatives will be investigated during the design phase to select the most cost-effective solution. . Factors that will impact the design of the connection of the storm drainpipe in the ravine with the storm drainage system in Mulberry Street include the following: 1. Presence of rock at the proposed grade of the storm drain pipe under Mulberry Street. 2. Ponding constraints at the end of the ravine along Mulberry Street during storm events. This report assumes for design purposes that a maximum temporary ponding depth of 5 feet at the very bottom of the ravine will be acceptable. If temporary ponding at the bottom of the ravine is acceptable, a 24" pipe will be directionally bored. The ponding depth will be directly dependent on the size of the directional bored pipe and the amount of flow allowed to enter the old tunnel system under Mulberry Street to City Hall. The present design assumes that a sustained peak flow of 3 cfs will be allowed to discharge through the current drainage route under Mulberry Street to City Hall. The periodic occurrence of high flows and conveyance of large debris (tires, logs, etc.) into the old tunnel system to city hall will be eliminated with the storm drainpipe in the ravine and modifications to the tunnel entrance. . City of Stillwater McKusick Ravine Study 14 . b. Land Ownership A map of land ownership of parcels that would be affected by construction of either alternative in the ravine is shown in Figure 4. The figure shows that the City of Stillwater currently owns virtually all of the land containing the open creek channel and storm sewer pipe. Most if not all work should be confined to these publicly owned parcels. A site survey and feasibility level design will determine if work on small sections of private property is required. If work on small sections of private property is necessary, temporary right of entry and utility easements will be required from landowners. c. Ravine Tree Inventory . To help determine the impact of construction options in the ravine section, an inventory of significant trees was conducted within the ravine on either side of the open channel between McKusick Lake and Mulberry Street. For the purposes of this inventory, a significant tree was defined as any hardwood species with a diameter at chest height of 6 inches or more and any softwood species with a diameter at chest height of 12 inches or more. Significant trees were identified to the species level, their diameter measured, and their location in the ravine recorded using GPS. A total of 348 trees were inventoried. The locations, diameters, and types of trees inventoried are shown in Figure 13 & 14. and more detailed information on the tree inventory is contained in the Appendix C. . More than two-thirds of the significant trees recorded within the ravine lie south of the existing channel. Based in part on this information, the proposed rout for the bypass pipe lies north of the existing channel to minimize the need for tree removal. Based on available information, construction of the pipe is expected to require the removal of up to 42 significant trees, about one-third of which are hardwood species. A preliminary profile of tree removal necessary for construction of the pipe is shown in Table 2. Tree removal associated with stabilization of the existing open channel will be primarily limited to non- significant invasive species such as buckthorn, honeysuckle, siberian elm, and black locust. City of Stillwater McKusick Ravine Study 15 . . . Table 2 - McKusick Ravine Estimated Tree Loss Summary Significant trees to be removed due to impacts associated with ravine improvements Tree size (diameter in inches Total # Trees Tree 6"_ 8" 8" _10" 10" - 12" 12"_14" 14" - 16" 16" - 20" 20" - 25" 25" - 30" 30" - 36" 36" - 48" by Kmd American Elm 1 1 Black Cherry 1 1 Black Walnut 2 2 1 1 6 Box Elder 1 3 1 5 Butternut 2 2 1 5 Cottonwood 1 1 1 3 Green Ash 1 1 1 3 Hackberry 1 1 Pm Oak 1 1 2 Red Elm 4 8 1 1 14 Silver Maple 1 1 Total Trees by Size 7 15 7 1 6 3 0 1 1 1 42 Total Tree removal associated with channel stabilization will be primarily limited to scrub and invasive species removal (buckthorn, honeysuckle, siberian elm, black locust). . . . A number of past influences have disturbed the natural communities that occur within the ravine. Some of these include construction activities, changes in land use surrounding the ravine, and the invasion of non-native species. The proposed stormwater management project within the McKusick Ravine also provides opportunities for improving the ecological quality of natural communities outside the corridor of work activities. Activities that could be undertaken to restore these natural communities include control of non-native tree and shrub species, planting of native grasses and forbs (flowers), and planting of native hardwood seedlings. A proposal for undertaking these activities is included in Appendix C, along with cost estimates for each activity. The total estimated cost for these restoration activities is $22,200 - $29,400. These cost estimates are not included in the total project cost presented in Section VI. d. MaintenanceIPublic Access (Trail) In order to provide for adequate maintenance to the existing sanitary sewer, the proposed storm sewer, and the open channel in the ravine, a paved maintenance access is recommended. This access could also double as part of the City's recreational trail system through the ravine. Based on neighborhood input, public use of the trail should be limited to include only non-motorized use of the trail and be designed to discourage trespassing on private property. e. Existing Sanitary Sewer The proposed bypass pipe in the ravine will, for the most part, parallel an existing sanitary sewer line. The sanitary sewer in the ravine was constructed in 1921. A limited inspection of the existing brick sanitary sewer manholes indicated some reconstruction might be required. The existing sanitary sewer pipe is a 24" and 30" vitrified clay pipe (VCP). Given the system's age and material, inflow and infiltration (I & I) likely occurs. Slip lining of the existing sanitary sewer may be required at select locations. A review of the existing sanitary sewer system can most cost effectively be done as part of drainage work within the ravine. A review of the existing sanitary sewer was not included as part of this study. City of Stillwater McKusick Ravine Study 17 . C. Downtown Section (Ravine to St. Croix River) There are three general alternatives for conveying flows through the lower section of the system from the bottom of the ravine section to the St. Croix River. The alternative routes examined were: 1. The Mulberry Street route 2. The existing conveyance/Commercial Street route 3. The West Myrtle Street/Commercial Street route All three routes are shown on Figure 2. Based on a technical evaluation of the routes and discussions with City staff, the Mulberry Street route is recommended at this time as the preferred alternative for the . following reasons: . 1. The existing conveyance system within the Mulberry Street right-of-way is under capacity. Upgrading this system will decrease the frequency with which runoff overflows to the Myrtle Street system. Under current conditions, the overflows frequently overburden the Myrtle Street system. High quality artesian well overflow would continue to be carried in the open channel between North 3rd and North 2nd Streets. Concerns of the Stillwater Water Works Utility would be addressed with the bypass of flow away from the tunnel under the Water Works building. Most sections of Mulberry Street that would be affected by construction of this alternative carry low traffic volumes compared to the alternative routes. Traffic disruption during construction will be minimal Most street sections along the preferred route are quite old and in need of re-construction. The other two options would involve tearing up sections of streets that are in relatively good shape. 2. 3. 4. 5. City of Stillwater McKusick Ravine Study 18 . . . The Corps of Engineers project currently being undertaken at Mulberry Point has incorporated the necessary storm sewer upgrades between the railroad tracks east of Water Street and the St. Croix River. 7. This alternative will be the least expensive of the three options to 6. construct. A conceptual layout of the storm drainage system under Mulberry Street is shown on Figures 9 - 12. Design considerations regarding the storm drainage system in downtown Stillwater and Mulberry Street shown on these figures include the following: 1. Increase the storm water runoff into catch basins through the use of curb cutouts at 2nd, 3rd, and 4th Streets. Curb cutouts will collect runoff and prevent the bypass of storm water runoff to Myrtle Street. 2. Improve inlet capacity at all collection points. 3. The elevation difference between the storm drainpipe in the ravine at Mulberry Street is approximately 25 feet. To minimize excavation depths and disturbance to the existing sanitary sewer and water main, horizontally drilling the bypass pipe from the end of the ravine to 3rd Street is proposed. The upgraded storm sewer system along Mulberry Street between 4th and 3rd Streets will be a separate system connect to the ravine storm drain pipe at the Mulberry and 3rd Street intersection. From 3rd Street to the St. Croix River, the surface drainage and McKusick Lake outflow flow will share one system. 4. The drainage improvements provide for elimination of the overland conveyance of storm water runoff between the two closely spaced buildings on the east side of 2nd Street between Mulberry and Commercial Street. Flow from the open channel between 3rd and 2nd Street (which includes the artesian well and storm water runoff from the city hall site) will be collected in a new pipe that will connect to the existing storm drainage pipe in 2nd Street. This connection is possible since capacity in the 2nd City of Stillwater McKusick Ravine Study 19 . Street line will be made available due to the re-routing of storm drainage from Mulberry Street away from the pipe system in 2nd Street. VI. Cost Estimate A detailed cost estimate is presented in Appendix A located at the back of this report and is summarized below. The total project cost is $1,686,200, which includes contingencies and indirect costs. Indirect costs are estimated at 25 percent and include administrative, engineering, construction interest, and legal expenses. For the purposes of this report, no costs were assumed for easements. McKusick Lake OutletlRavine Mulberry Street Total $774,700 $914.200 $1,688,900 VII. Informational Meeting . On November 23, 1999, a public information meeting to reVIew ravine system improvement alternatives was held with residents adjacent to the ravine. The major issues identified by these residents included the following: . . Neighbors near the end of Greeley Street noted that there are erosion problems in this area. Staff and consultants indicated that a part of the proposed project would include improvements to catch basins and piping to correct existing erosion problems in the ravine in areas such as this one. . Neighbors have concerns about the maintenance access/trail proposed for the ravine. They are particularly concerned that good access into and out of the ravine be provided for trail users on public property, so that trail users are not using private property to access the trail and ravine. They would also like the trail to be gated or controlled so that non-city vehicles, snowmobiles, etc. cannot access the trail. . Neighbors are concerned about potential tree loss, and would like the City to replace lost trees in keeping with the City's Tree Preservation Ordinance. The City of Stillwater McKusick Ravine Study 20 . . . project may present an opportunity to remove buckthorn and other exotic species from the woodland, and this would be a positive for the health of the woods in the ravine. The City should be concerned about potential damage/replacement to shrubs, wildflowers, and other elements of the plant community in the ravine as plans are completed for the project. . Residents expressed concerns about water quality with additional storm water from developing areas flowing to the ravine. Staff and consultants indicated that the quality of water will not change due to the amount of ponding required of developers in the annexation area, and the filtering that will occur in Long Lake and McKusick Lake before the water reaches the ravine. . Residents noted that there is a need for the City to complete long-range planning for stormwater management. They are concerned that additional stormwater may be routed to the ravine as areas around Stillwater develop in the future. . Neighbors suggested that the ravine should have an official name. This will help to increase public recognition and ownership of this special place. . Neighbors thanked the city for scheduling an early public meeting to discuss the project. They suggested that the Council should schedule a public hearing/public meeting when plans become more final, to directly hear citizen issues and concerns about the project. A complete summary of the meeting is attached as an appendix to this report. City of Stillwater McKusick Ravine Study 21 . VIII. Recommendations The following recommendations are presented for the city council's consideration based upon the data compiled in this report: 1. Adopt this report as a guide for the development and management of surface water drainage from McKusick Lake to the St. Croix River. 2. Proceed with a field survey and soil boring investigation along the recommended alignment. 3. Inspect the existing sanitary sewer and water main system along the recommended alignment to determine if improvements are required. 4. Authorize preparation of plans and specifications to implement the drainage improvements recommended in this report. S Develop a vegetation management plan within the ravme and evaluate the effectiveness/need to remove debris (trash). . 6. Finalize the remaining improvements needed to complete the diversion upstream of McKusick Lake. The upstream improvements shall be completed at a time when the downstream improvements recommended from McKusick Lake to the St. Croix River are complete. 7. Provide a forum for public review of the ravine improvements. . City of Stillwater McKusick Ravine Study 22 . . . IX. Project Schedule Hold Neighborhood Meeting Present McKusick Ravine Study, and Authorize Plans and Specifications Approve Plans and Specifications Received Bids and Award Contract Completion November 3, 1999 December 21, 1999 April 2000 May 2000 Fall 2000 City of Stillwater McKusick Ravine Study 23 HWY.36 N W+E S STILLWATER, MINNESOTA McKUSICK RAVINE STUDY AGURE 1 ~ Bonestroo Rosene -=:II Anderlik & '1\l1 Associates engineers & Architects PROJECT LOCATION AND SURROUNDING AREAS 1510\51()l)Q1O:!\( AOIAVPROJEC1"\PROLLOC APR 12.7.90 HOG COMo\! 51099102 ~ r. ~ " W.E S 200 , 200 Feet , FIGURE 2 McKusick Ravine Study FLOW ROUTING AL TERNA TIVES DOWNSTREAM SECTION A1temal1ve 1 - Mulberry Street Route RECOMMENDED A1temal1ve 2 . EXisting System Route AltematlVe 3 - West Myrtle Street Route RaVine Pipe Route N o "\ " ., . Open Creek Channel ExIsting Trunk Storm Pipe existing Samtary Pipe f/1 f Bonestroo .....Rosene -=- AnderIIk & 1\]1 AssocIates Enginee.. & Archltacts \510\51099102\adlavproJectlmulLsl apr HOG Pubhcally Owned Land . . .. 3'-0" A -..1\4 -;7CP LG:: As5EI.IBL y ~ . 'OTEs 1 OEslGN ACCORDING TO ASTM C857-87 AN) ASTI.I CS58-83 2 PROVIDE (2)-ALUM L6 X ... X 3/8 STOP LDC GUiJES AT EACH SIDE OF WALL ," FAS-EN NIT~ 1/2"' S S ANCHORS CII 1 -0 __ APoL Y B TUI.I'NOUS PAINT WITH CONCRETE INTERF...:: J AL~1.1 5-00 LOGS X 8'-0' LONG PLAN o 2 ~ Scale ~.. "eet -t -i J~.. "'- ADf-ES \F #5 CII ." WI 4' t:\l3~:; -, A 1 ,-, I =~ECAST CONC~ETE HALL/BOX @c " DETAIL - S==le If" feet - J'i L. 8< ADHESIVE /2" . S S ANCHOR @ "-..." OC ..." MIN EMBEJ TACK WELD T~~S>;)S AFTER I"'STA.!.ATlON - PRECAST CONCRETE WALL/SOX SEL 85000 INVERT v::~ ~ WITH STOP- r--+-- ...C~ SUPPLIER I I :, EL 655 50 ~,.~ , TOP OF W,.R ' ....OTE 2 \ I I ~O~ ~ B~; ~NOAL! S " : I I . . I I "",'. I , ] I I , , , , . 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'<1l.JLBERRY STREET RECONSTRUCTION 3rd STREET TO MAIN STREET , , , \ \ , \ \ , \ , \ \ \ \ .. .- (\<.B-'{ ~\j,-B IS" ~ I _ I . I \F ~ z ..- :r " I 2" ~ -Z- I ~ L I ~ I 7: I ~ ~ I ..- =1 ... - ~ ~ i ~ i z ;1 :> ~ C :> 0 7> " '- '" '" '-.------ ----------"'" ---- --- ..---- "'- '" '" '" ~MUU3ERRY srREET "RECONSlRUCTION 4th STREET ~ -::s: ~ y \.0 CJ ~ \ , \ , y\ 0'\ ~ 0\ ~\ \ \ \ \ ~ \ , \ , , , \ r"\ o ~1Il;!! e ~S.!l tngl:~ ~ CU~Qlo ~ 15:s"gl:joOl al~<C<( ~ ~C~I PARKING LOT RECONSTRUCTION A T LIBRARY ;T . 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Legend Tree Condlbon ~ . VeryGoocl . GoodfF8Ir 0 PoorNery Poor . ~~ ~.E 5 FIGURE 14 McKuSlck Ravme Study TREE CONDITION wlin RAVINE 200 0 200 _ Legend '" Ex'lI'ng Sanitary Sewer M Proposed Storm Sewer N Open Channel II=: '0- -.- -,... ~ Bonestroo ENGINEER'S ESTIMATE ~ Rosene McKusick Ravine Study 1\]1 Anderllk & City Project No AsSOCiates BRAA Project No 510-99-102 . Engineers & ArchItects Stillwater, Mmnesota 1999 No. Item UDltS Qty UDlt Price Total Price Part 1 - McKuslck RavlDe Storm Sewer 1 MobilizatIOn LS 1 $15,000 00 $15,000 2 Temporary rock construction entrance TON 50 $10 00 $500 ., Clearmg AC 165 $7,50000 $12,397 .J 4 Remove eXlstmg tree EA 42 $200 00 $8,400 5 Remove storm sewer pipe LF 300 $10 00 $3,000 6 Remove catch basm EA 3 $250 00 $750 7 Remove outlet structure LS 1 $1,00000 $1,000 8 Oewatermg LS 1 $20,000 00 $20,000 9 IS" HDPE storm sewer, 2 0 pSI water tight LF 270 $23 00 $6,210 10 18" HOPE storm sewer, 2 0 pSI \\ater tight LF 60 $26 00 $1,560 II 24" HOPE storm sewer, 20 pSI \\ater tight LF 463 $35 00 $16,205 12 30" HOPE storm sewer, 2 0 pSI "ater tight LF 1488 $40 00 $59,520 13 12" RCP storm sewer, Class 5, O'-S' deep LF 16 $3000 $480 14 IS" RCP storm sewer, Class 5, O'-S' deep LF 920 $35 00 $32,200 15 18" RCP storm sewer, Class 5, O'-S' deep LF 421 $40 00 $16,840 16 18" storm sewer directIOnal dnlled LF 100 $225 00 $22,500 ~-. 17 18" RCP storm sewer,'Cfuss 5, 10'-12' deep LF 433 $32 00 $13,856 18 27" RCP storm sewer, Class 3, O'-S' deep LF 428 $40 00 $17,120 19 27" RCP storm sewer, Class 3,8'-10' deep LF 30 $45 00 $1,350 20 24" storm sewer,jacked LF 320 $250 00 $80,000 21 12" RCP flared end section EA 1 $600 00 $600 22 18" RCP flared end section EA 1 $740 00 $740 23 24" RCP flared end section EA 2 $800 00 $1,600 24 Special Inlet Structure LS 1 $40,000 00 $40,000 25 2' x 3' CB, lOci R-3067-V cstg and conc adJ nngs EA 3 $1,30000 $3,900 26 4' dla storm sewer CBMH, mc R-3067-V, cstg and conc EA 4 $1,30000 $5,200 adJ rmgs 27 4' dla storm sewer MH, lOci R-I642-B cstg and HOPE EA 9 $1,30000 $11,700 adJ rmgs 28 5' dla storm sewer MH, lOci R-I642-B cstg and HOPE EA 8 $2,000 00 $16,000 adJ rmgs Total Part 1 - McKuslck Ravme Storm Sewer $408,628 . McKuslck Ravme Study Cost Est xis Page 1 No. Item Units Qty VDlt Price Total Price Part 2 - McKusick RavlDe Channel Stabilization 29 Brush Removal LS 1 59,00000 $9,000 . 30 Channel gradmglfinal shaping LF 2280 $10 00 $22,800 31 Class III random nprap, hand placed CY 119 $8000 $9,520 32 Amencan Hlghbush Cranberry, 2 gallon, B&B EA 40 $50 00 $2,000 33 Redosler Dogwood, 2 gallon EA 40 $50 00 52,000 34 Allegheny Serviceberry, 2 gallon EA 40 $50 00 $2,000 35 Gray Dogwood, 2 gallon EA 40 $50 00 S2,000 36 Mn/DOT Seed MIx 26B AC 14 51,50000 $2,100 37 Mulch material, type 1 TN .. $275 00 $770 .J Total Part 2 - McKuslck Ravine Stream StabilizatIOn $52,190 Part 3 - McKuslck Ravine Restoration 38 Traffic control LS I 5~,000 00 $4,000 39 Oebns removal CY 400 $1500 56,000 40 Sawing Bltummous Pavement LF 168 $250 $420 41 Remove bltummous pavement SY 129 $250 $""'" .J_.J 42 Remove concrete curb and gutter_ LF 80 $250 $200 43 Common borrow (CV) CY 867 $500 $4,335 44 Common excavatIOn (P) CY 29 $630 $181 45 Subgrade preparation - street SY 129 $200 $258 46 Trail grad 109 LS 1 $39,310 00 $39,310 47 Aggregate base, Class 5, 100% crushed TN 43 $20 00 $860 48 Aggregate base, Class 5 - trail TN 957 $10 00 $9,570 49 Bituminous wear course, Pathway TN 284 $3500 $9,940 50 Bltummous wear course, Patchmg, Type 41 WEB TN - 25 - $iSO 00 $2,500 . 50055 - 51 8618 concrete curb and gutter LF 80 $20 00 $1,600 52 ProtectIOn of catch basin 10 street EA 6 $75 00 $450 53 MnDOT Seed MIX SA AC 20 51,50000 $3,000 54 Sodding, lawn type SY 3000 $300 $9,000 55 TopSOIl borrow (LV) CY 333 $10 00 $3,333 56 Wood fiber blanket, rapid degradable SY 2333 $200 $4,667 57 Mulch material, type 1 TN 4 $275 00 $1 , 1 00 58 Silt fence, regular LF 500 $300 $1,500 Total Part 3 - McKuslck RaVine RestoratIOn $1 02,546 . McKuslck Ravme Stud) Co,t Est xis Page 2 No. Item UDlts Qty VOlt Price Total Price Part 4 - Mulberry Street Storm Sewer 59 Mobilization LS 1 $12,00000 $12,000 . 60 Remove IS" RCP storm sewer pipe LF 461 $850 $3,919 61 Remove 18" RCP storm sewer pipe LF 192 $950 $1,824 62 Remove 21" RCP storm sewer pipe LF 42 $1000 $420 63 Remove 24" RCP storm sewer pipe LF 33 $11 00 $363 64 Remove 36" RCP storm sewer pipe LF 422 $1200 $5,06~ 65 Remove catch basm EA 12 $250 00 53,000 66 Remove storm sewer mamtenance hole EA 13 $250 00 $3,250 67 Remove special samtary sewer/storm sewer manhole EA 1 $1,00000 $1,000 68 4" perforated PVC dram tile, Schedule SOR 26 LF 80 $1500 $1,200 69 18" RCP storm sewer, Class 5, 0'-8' deep LF 200 $28 00 $5,600 70 24" RCP storm sewer, Class 3, 0'-8' deep LF 868 $40 00 $34,720 71 24" storm sewer directional dnlled LF 540 $30000 $162,000 72 30" RCP storm sewer, Class 3, 0'-8' deep LF 227 $55 00 $12,485 73 36" RCP storm sewer, Class 3, 0'-8' deep LF 502 $65 00 $32,630 74 42" RCP storm sewer, Class 4, 0'-8' deep LF 270 $14500 $39,150 75 48" x 42" Concrete Reducer, Class 4 EA 6 $1,40900 $8,454 76 42" x 36" Concrete Reducer, Class 4 EA 7 $1,05000 $7,350 77 36" x 30" Concrete Reducer, Class 4 EA 5 $75000 $3,750 78 30" x 24" Concrete Reducer, Class 4 EA ... 5500 00 $1,500 .J 79 24" RCP flared end section EA 1 $1,00000 $1,000 80 2' x 3' CB, locI R-3067-V cstg and conc adJ nngs EA 3 $1,30000 $3,900 81 4' dla storm sewer CBMH, mc R-3067-V, cstg and conc EA 9 $1,30000 $11,700 adJ rmgs 82 4' dla storm sewer MH, tncl R-1642-B..cstg and HOPE EA 2 $2,000 00 - $4,000 . -""-... ...- adJ rmgs ,- 83 5' dla storm sewer MH, lOcI R-1642-B cstg and HOPE EA 3 $2,000 00 $6,000 adJ rlOgs 84 5' diameter structure overdepth LF II $175 00 $1,925 85 6' dla storm sewer MH, mcI R-1642-B cstg and HOPE EA 3 $3,000 00 $9,000 adJ rmgs 86 7' dla storm sewer MH, lOci R-1642-B cstg and HDPE EA 10 $4,500 00 $45,000 adJ rmgs 87 8' dla storm sewer MH, locI R-1642-B cstg and HOPE EA 3 $6,000 00 $18,000 ad J rmgs 88 USCOE Storm Sewer ModificatIOns LS $71,000 00 $71,000 Total Part 4 - Mulberry Street Storm Sewer $511,204 . McKuslck Ravme Study Cost Est xis Page 3 No. Item UOlts Qty Unit Price Tot.!1 Price Part 5 - Mulberry Street SaDltary Sewer 89 Remove 18" sanitary sewer pipe LF 30 $1000 $300 . 90 Remove 36" sanitary sewer pipe LF 32 $1500 $480 91 Remove sanitary mamtenance hole EA 1 5550 00 $550 92 Bypass pump10g LS 1 $2,500 00 $2,500 93 24" x 18" Concrete Reducer, Class 4 EA 1 5250 00 $250 94 18" RCP sanitary sewer, Class 5, 0'-8' deep LF 20 $23 00 $460 95 18" RCP sanitary sewer, Class 5, 10'-12' deep LF 42 528 00 $1,176 96 18" DIP sanitary sewer LF 18 575 00 $1,350 Total Part 5 - Mulberry Street Sanitary Sewer $7,066 Part 6 - Mulberry Street Restoration 97 Traffic control LS 1 $5,000 00 $5,000 98 Sawmg Bltummous Pavement LF 1344 $250 $3,360 99 Remove bltummous pavement SY 6176 $250 $15,440 100 Remove concrete curb and gutter LF 2461 $250 $6,153 101 Common excavatIOn (P) CY 1479 S630 $9,318 102 Subgrade excavatIOn (EV) CY 222 $550 $1,220 103 Subgrade preparatIOn - street SY 6655 $100 $6,655 104 Aggregate base, Class 5, 100% crushed TN 2929 $11 00 $32,219 105 BltumlOous base course, Type 31B TN 733 $3000 $21,990 106 Bltummous wear course, Type 41A TN 550 $32 13 $17,672 107 Bltummous matenal for tack coat GAL 333 $200 $666 108 B618 concrete curb and gutter LF 2461 $700 $17,227 109 Pedestrian curb ramp EA 16 5175 00 $2,800 110 Adjust Frame and R10g Cast10g EA 5 $ 175 00 $875 . 111 Adjust Valve Box . _h - EA 5 $15000 $750 112 ProtectIOn of catch basm 10 street EA 12 $75 00 $900 113 Street Sweeper With operator HR 5 $ 100 00 $500 114 TopsOIl borrow (LV) CY 182 $1 0 00 $1,823 115 Llttleleaf Lmden, 2" Cal B&B EA 6 $250 00 $1,500 116 Sodd1Og, lawn type SY 1641 $300 $4,922 117 Silt fence, regular LF 200 $300 $600 Total Part 6 - Mulberry Street RestoratIOn $146,589 . McKusl~k Ravme Study Cost Est xis Page 4 . . . McKUSICK RAVINE CONSTRUCTION COST SUMl\'IARY McKuslck Ravme Total Part 1 - McKuslck Ravme Storm Sewer Total Part 2 - McKuslck Ravme Stream StabilizatIOn Total Part 3 - McKuslck Ravme RestoratIOn Subtotal (Parts I - 3) 10% Contmgencles Estimated Construction Cost (Parts 1 - 3) 25% Eng , Legal & Admin Total Estimated Cost (Parts 1 - 3) Mulberry Street Total Part 4 - Mulberry Street Storm Sewer Total Part 5 - Mulberry Street Samtary Sewer Total Part 6 - Mulberry Street Restoration Subtotal (Parts 4 - 6) 10% Contmgencles Estimated Construction Cost (Parts 4 - 6) 25% Eng , Legal & Admin Total Estimated Cost (Parts 4 - 6) TOTAL ESTIMATED COST McKuslck Ravme Study Cost Est xis $408,628 552,190 $102,546 $563,364 $56,336 $619,700 $154,925 $774,700 $511,204 $7,066 $146,589 $664,858 $66,486 $731,34" $182,836 $914,200 $1,688,900 Page 5 ':""'.'["~"I"""""I't"" 0-;"+ !,<."I~',,:C~~~ :y; .i"~"'" t"~1' I~{'J"" "'\'<l"~ ~ ,~" I '-"~/.-'..."'" --...;.:{p:ot" "I. 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',~- ,..f",r ~....:,in' ,,"_ ,-,~';\_ '.e',,, 0 '-I ' /" 1 '\.~xrLT.?2'j_~-.r~~'~-'...,~~1~..~,., r -.,...c .---, U r 2~~y;~t\;~~~KtZL~j~~~~;~~.t1~,t',;:~.rc~~~}~ffy.-c_.,: ~" .;rrl)....;.'.".l "_""'h.',"., ~'1-:"''':..\.. 'I.. .1".;,.,. ~.~.. "'.'.i:.r.:. "...~. ~ . ":p:;,,. ,Co" ",", ~\:IJ~r~:~~:::~~~{~jj~~h.'--~~~f:~tJr~~-~':.I:~ ~~:-:;~~ .~~~~-",'::~~~i: ;,:~__ ,r~~~ Stable channel section with 2 cfs flow (Lily Lake 11ft station) McKusick RaVIne Study CIty of Stillwater FIle No. 510-99-102 . . Stable channel section with 2 cfs flow (Lily Lake 11ft station) .11. Bonestroo ~ Rosene ~ Anderlik & 1 \11 Associates Engineers & Architects . Open channel In park between 2nd and 3rd Streets Flow from artesian well 2-3 cfs McKuSlck RavIne Study CIty of StIllwater FIfe No. 51 0-99- 1 02 Open channel between buildIng on east Side of 2nd Street .11. Bonestroo ... Rosene -- ~ Anderlik & 1 \11 Associates Engineers & Architects . McKusicklMulberry Street Neighborhood Meetmg No\ember 23,1999 Stillwater City Hall- 7 to 9 p.rn, :MEETING SUMMARY Background EIghteen neIghbors of the McKusick ravme attended a publIc meetmg on November 23 held at CIty Hall The agenda mcluded a presentation of the concept plans for stormwater conveyance through the ravme from McKuSICk Lake to the St CroIx, opportumtIes to ask questIOns, and a dIScussIon of neIghbors' concerns related to the ravme and proposed plans Neighbors expressed an overalJ-concern that the ravme IS a speCIal place-a bIt of wIld landscape m the middle of the city that IS a home to a beautiful woods and wIldflowers and many bIrd and wildlIfe specIes NeIghbors want to mamtam tins speCIal character of the ravme Issues IdentIfied by the neIghbors Included the follOWing . . NeIghbors near the end of Greeley Street noted that there are erosion problems in tins area Staff and consultants indIcated that a part of the proposed project would mclude Improvements to catch basins and pIpmg to correct eXlstmg erOSIon problems m the raVine In areas such as this one . NeIghbors mdIcated that they have held an annual volunteer actIvIty to pIck up trash m the ravme, but the CIty has not always hauled the collected trash away NeIghbors would lIke addItIonal help from the City in helping to remove trash that resIdents have collected from the ravine. . NeIghbors have concerns about the maintenance access/traIl proposed for the ravme They are partIcularly concerned that good access Into and out of the ravme be provIded for traIl users onpublzc property, so that traIl users are not usmg pnvate property to access the trail and ravme They would also lIke the traIl to be gated or controlled so that non-cIty vehicles, snowmobIles, etc , cannot access the traIl . NeIghbors are concerned that a blturmnous access road/traIl is not compatIble WIth the "wIld" nature of the raVine . Some neIghbors also noted that a publIc traIl WIll help to mcrease knowledge and protectIon of the ravine among the residents of StIllwater, and may be a POSItIve addItion . NeIghbors are concerned about potentIal tree loss, and would lIke the CIty to replace lost trees m keepmg with the CIty'S Tree PreservatIon Ordmance The project may present an opportunity to remove buckthorn and other exotIc speCIes from the woodland, and this would be a pOSItIve for the health of the woods in the ravme The CIty should be concerned about potential damage/replacement to shrubs, Wildflowers, . " . and other elements of the plant community In the raVIne as plans are completed for the project. . ResIdents expressed concerns about water quahty WIth addItIonal storm water from developing areas floWIng to the raVIne Staff and consultants IndIcated that the quahty of water \\ill not change due to the amount ofpondmg reqUIred of developers In the annexatIon area, and the filtenng that wIll occur In Long Lake and McKuSICk Lake before the \\ater reaches the ravme . Residents noted that there IS a need for the CIty to complete long-range planmng for stormwater management They are concerned that addItional stormwater may be routed to the raVIne as areas around StIllwater develop In the future . NeIghbors suggested that the ravIne should have an offiCial name ThIS wIll help to mcrease pubhc recogmtIon and o\\'nershIp of thIS specIal place . NeIghbors thanked the CIty for scheduhng an early pubhc meetIng to dISCUSS the project They suggested that the CouncIl should schedule a publIc heannglpublIc meetmg when plans become more final, to dIrectly hear CItIzen Issues and concerns about the proJect. . . , . . . MEMORANDUM TO Mayor and CouncIl FR CIty Coordmator RE Charter amendment DA December 16, 1999 DISCUSSIon The Charter ComnussiOn IS requestIng that the CouncIl set a public heanng for the proposed Charter amendment related to the CIty Admlllistrator Issue I recently sent the attached letter to the COmmISSIOn The letter expresses my concerns about the language that IS contamed in the proposed amendment Apparently the CommIssIon feels that my concerns can be addressed at the heanng and they want to proceed With the heanng I am somewhat dIsappomted that the ComnussiOn chd not respond to my letter nor ask me to meet With them to dISCUSS thIS matter further I realize that the CouncIl dId conduct a workshop With the CommISSIon and that some of the changes were acceptable to the COunCIl. However. I thInk the language m the proposed amendment Will create some admlllistratIve problems m the future as I explmned m my letter (October 29, 1999) to the CommISSIon Further, I really questIon whether or not the "public" is gomg to understand the changes or the reasons for malang the changes because the "public" IS not going to be directly Impacted by the changes and I really don't tlunk the "public" has an Issue or a concern With the present CouncIl/AdminIstrator relatiOnshIp In any event, I would strongly suggest that the CouncIl ask the CommISSIon to rework the proposed amendment before a public heanng IS conSIdered. I tlunk It would be much Wiser to dISCUSS thIS In a workshop settmg before It IS presented to the "public" RecommendatIon CouncIl request Charter CommISSIon reconSIder (re-wrIte) proposed amendment to CIty Charter ~~ , ~illwate~ ";;;.",,,,, " ...".~ . October 29. 1999 Kathleen Czar ChaIr, Charter ComnllssIOn 1007 South 1st Street Stillwater, tvIN' 55082 Dear Kathy I have had an OppOrtunlty to reVIew the amendments to the Charter that the COnUnISSLOn has proposed and I have some concerns regardmg the proposed language. Therefore. the purpose of thIs letter IS to state the reasons that I am concerned about the changes and to make recommendatIOns as to re-wntmg or elImmating some of the language These would be the same questions/concerns that I would have to present to the CouncIl at the publIc heanng that would be scheduled for amendmg the Charter. First of all, sectIOn 5 011, "Powers and DutIes of the Council", reads, in part: The Cozmczl shall appoznt, suspend or remove the Czty Attorney, the Po/zce Chzef the Fzre Chief and the Czty Admznzstrator and upon the recommendatIOn of the Czty Admznlstrator, appoznt suspend or remove all other Czty Officzals, Department Heads and Supervisory Employees" I understand and agree WIth the exclusion of the City Attorney position. However, I would questIon why the Police Chief and FIre ChIef positIons should be handled dIfferently than the other offiCials. EspeCIally, If the CIty AdmImstrator IS to supervIse all of the departmental supervISOry pOSItIons In other words. what IS the ratIonale for excluding both of these pOSItions? . I can understand the potentIal for "polItICS" affectmg the PolIce ChIef pOSItion gIven the nature of la\'l enforcement and the hIgh VISIbIlIty of the pOSItIon However, It \'Iould appear to me that the F Ire ChIef pOSItIon IS very SImIlar to the other departmental supervISOry pOSItIons and should be handled In a SImIlar manner Further, as I have stated above, I belIeve the appomtment, removal, etc , of all departmental supervIsors and offiCials should be handled m the same manner and I \'Iould strongly recommend that the language m 5 011 be changed to state that "the Council shall appoint, suspend or remove all City Officials, Department Heads and Supervisory Employees". I realIze that thIS may be somewhat contrary to the recommendatIOn of the CommISSIOn and perhaps even contrary to what the CouncIl had agreed to, In concept. Hov-e\ er, I am concerned about the practicalIty ofhavmg InCOnSIstent reqUIrements for the hmng, finng. . CIT\{r-,~LL 21€ tSRTrr:U::;T~ST'L~,\I~"TE=: ~,~:r:,\JE:C7':5:CS2 r~:iJ""c F~~-J~~.-':--"'\ ...~ vV v......J , . . . etc process I am also concerned about the message that this conveys to other departmental supervIsors about the unportance of their POSItIon/job. In other words what distmgwshes the PolIce Clnef and FIre Clnef positIons from the other positIons" Further. I would have to ask the followmg questIons in regards to the relationslnp that the charter amendments would create' 1 What policies and procedures are to be followed by the City Attorney, Police Chief and Fire Clnef (I.e., are they dIfferent than for other departmental supervIsors)" I assume that they would be subject to the same policIes and procedures, etc However. the language seems to suggest otherwIse 2 Who will supervise the Police Chief and FIre Clnefposltlons. See sectIon 7 01 wlnch reads m part. "The City Administrator shall direct and supervise the administration of all departments, offices or agencies of the City except where otherwise provided by law or the City Charter". In other words, are the Police ChIef and FIre Chief excluded from the supervisory responsIbilIty of the Administrator per section 5.011? 3. Similar to the previous questIons, what are the procedures to be used for discmlImnQ: the PolIce Clnef and Fire Chief] In other words, are they the same as for other employees or would the Adnnnistrator need approval from Council to suspend, for even one day, or to merely Issue a written repnmand to the Police Chief or Fire Chief] Again, the language seems to imply otherwise 4. Is "upon the recommendation of City Administrator" as stated m 5 011 (and again m 7.01) a mandatory feature? In other words, can the Council dIsregard the recommendatIon or IS the CouncIl reauired to follow the recommendation of the CIty Administrator? 5 What does "liaison" mean? Does the language "The mayor shall he the liaison between the Council and the Administrator" unply that the Mayor, in some way, "manages" the Administrator? 6. Why is 5.013 necessary when our local government IS already reqwred to adopt a comprehensive plan, or as a matter oflongstandmg policy, has developed, adopted and updated/amended the comprehensive plan, including official controls for land use. development, etc? For that matter why is sectIon 5012 necessary? There are a number of reasons why the CIty has performed and will need to contmue to perform budget and finance responsibIlitIes. Further, there is an extensive list of programs. polICIes, mandates, etc that CItIes are required to perform by law and I wonder why we need to SIngle out one of these reqwrements and mclude It in the charter" I can appreciate the Interest of the Charter Comrrllsslon In theIr efforts to create a \VorthwhIle and meanIngful Charter and I belIeve the CommISSIon IS well IntentIoned However, it seems to me that the work of past Charter CommiSSIons in eliminatIng unnecessary and often confuSIng language from the CIty Charter IS now beIng eroded by some of the recent changes, as well as by the changes currently beIng proposed. For example, in the mid-1980's the CommISSIon that was in eXIstence at that time, streamlined the preVIOUS Charter by elImInatIng about 100 pages of unnecessary text. The current Charter IS now about 20+ pages and I belIeve the CIty of Stillwater has functIoned , \-ery \vell WIth the present language and could continue to do so Without some of the proposed amendments . In any e'Vent. It would be my recommendatIOn to elIminate proposed sectIons 5012 and 5 013. delete sectIOns 702 and 7 03, rework the language proposed In sectIon 5011 related to the appointment/removal process for departmental supervIsors, and eIther elImInate or define/clarify what "chief executive officer" means In sectIon 6 01 OtherWIse. I believe that we should leave the Charter as IS and let the Minnesota Statutes funher descnbe what the CIty CouncIl can or cannot do Finally, I would lIke to assure the CommISSIon that my sole purpose In questIomng some of the proposed changes IS to promote a meamngful and understandable CIty Charter L more than anyone else presently assOCIated With tlus city government. knows the problems that can be created for a Councilor an Admimstrator if the language In the Charter IS not clear or mterferes WIth the abIlIty of the govermng body to effiCIently manage the operations of the city government In that regard. I belIeve that It would be In the best interest of all concerned to reVIsIt the proposed changes at a CommiSSIOn meeting rather than haVIng these Issues presented at a publIc heanng I stand read) to meet with the CommiSSIon to dISCUSS the issues that I have raIsed Thank you In advance for your consIderatIOn of my recommendatIons SIncerely, ~~y~~~ Nile L Knesel City Coordinator . cc: Jay L. Kimble, Mayor Dave Magnuson. CIty Attorney Charter COmInISSIOn . \ . ORDL'A~CE IS"O. A" ORDI)jA:\CE A:\tIE:\DI:\G THE CHARTER OF THE CITY OF STILL \vATER THE CITY COl NCll.. OF THE CITY OF STll..L \V -\ TER DOES ORDAIN The followmg changes are made to the City Charter pursuant to Mmn Stat ~410 32, Subd 7 ARTICLE V ENACTn-;G Charter SectIon 5011 "Powers and DutIes of CouneIr', SectIon 5 012 "BudlZet and FInance ResoonsIblhtIes of the Counell", and Sec~Ion 5013 "PlanmnlZ ResDonSIblhtIes of the CouncIl" are added to hereafter read as follows "5.011 Powers and DutIes of the CouncIl The Cour.ell shall act as the legislative body of the City The CouncIl may enact ordinances The Council shall be responsible for the dutIes of the City Imposed by law The Council shall make and be responsible for all policy deciSIOns The Council may make investIgatIons mto the affaIrs of the City, the conduct of any department or office of the CIty The CouncIl may subpoena witnesses and take testimony The Council shall appoInt, suspend or remove the CIty Attorney, the Police Chief, the Fire ChIef and the CIty AdmInIstrator, and upon the recommendatIon of the City Admimstrator appomt, suspend or remove all other CIty Officials, Department Heaas and SupervISOry Employees ~o offiCIal or employee shall contract debts to bInd the City, or make any Improvements in the CIty, unless authonzed by a majority vote of the Councll . 5.012 Budget and Finance ResponsibIlitles of the Council The CouncIl shaH adopt the Clt)' s annual budget and capItal budget The CounCIl shall be responsIble for appropriatIon and revenue ordinances and for auditing of accounts The Council deterrrunes the salary of the l\Ifayor and the Council Members 5.013 Planmng ResponSIbIlitIes of the CouncIl The CouncIl shall deSIgnate a CIty department or staff member to cany out the planmng functIon The Council shall adopt a ComprehensIve Plan and deternllne to what extent zomng and other land use control ordinances must be consistent with the plan The CounCil shall adopt development regulatIons to be specIfied by ordInance to Implement the plan" ARTICLE VI AJ.vtE~TIING Charter Section 6 0 I "DutIes of Mavor" IS amended to hereafter read as follO\"s "6.01 Duties of Mayor The Mayor shall see that the laws of the State, the prOVISIons of thiS charter, and the ordmances, resolutions, regulations, bylaws, and orders of the City are all duly observed and enforced wlthm the City, and shall see that all contracts made \\ lIh the City are faithfully performed In addition to servIng as the PreSIdent of the Council the Mayor IS the head of the CIty for ceremomal purposes and IS recogmzed as the ambassacor by the Governor for purposes of military law The Mayor IS the chIef legIslator and leader of the polIe)' makIng team, the Council, and performs a faCIlItatIve leadershIp role In helpIng the Councll and the staff perform better The Mayor shall be the lIaIson bet'.veen the Councll and the . , City A..dmInlstrator The ~fa~or shall promote commUnication among officIals and with the . public and prOvIae focus ana leacersnlD In the deve!opmem of policy The Mayor shall exerCIse such ether powers and perform such other dutIes as ma: be prescrIbed by la\v and ordmance .~TICLE \-11 ~"[E:-';D[\iG Charter Section 7' AdmInistration of City Affairs' IS ame'lded to heieafter read as foIlov..s "7.01 The City AdmInistrator The CouncIl shall appoint an AdmInistrator to be the chIef admInIstrative officer of the City The Administrator shall appoint, suspend or remove all City Employees, except where otherv,llse provIded by law or the City charter In eXeiCISIng the authority granted under thIs section, the AdmInIstrator must follow the personnel policy adopted by the CouncIl and also be bound by any labor agreements to which the City IS a party The AdmInIstrator shall also recommend to the CouncIl the appoIntment. suspension and removal of all Department Heads, City Officials and Supemsory Emrloyees, except as otherwise provided by law or thIS charter The CIty AdminIstrator shall direct and supervise the admInIstratIOn of all departments, offices or agencIes of the CIty except where otherwise proVIded by law or the City Charter The City AdmInIstrator shaIl attend all CIty CouncIl meetings and take part In discussions The CIty Admmistrator shall see that all laws, proviSions of the charter and acts of the CouncIl, are faIthfuIl y executed The CIty Administrator shaIl prepare and submIt the annual budget and capItal pro~am to the CouncIl The City Administrator shall also prepare and submit to the Council a five-year capital . program At the end of each fiscal year, the City AdmImstrator shaIl submIt to the CounCil and make avaIlable to the public a complete report on finances and admInistratIve activities of the City The City AdmInistrator shall make reports to the CouncIl concermng the operations of City departments, offices and agencies that are subject to lus/her junsdictlon and keep the CounCIl fully adVIsed as to the conditIon of the City's financial conditIon and the future needs of the City The CIty AdmInistrator shall prOVIde staff support for the Mayor and the Council The City Administrator shall perform such other duties as may be assigned by the CouncIl " SectIon 7 01 is renumbered as 7 02 Section 7 02 IS deleted Section 7 03 IS deleted Section 7 04 is renumbered as 7 03 Section 7 04 is added to hereafter read as follows '"7.04 The CouncIl shall have the power to create and discontinue offices, prescnbe the dutIes pertaInIng thereto. as the needs of the City may require, and establIsh personnel polICies . and procedures" 2 , . Sc:::: on 7 05 IS deleted Sc:ctlcn 7 06 IS renumbered as 7 05 Se::tlon 7 07 IS renumbered as 7 06 Adopted by the City CouncIl of the City of StIllwater thIs dav or 1999 Jay L KImble, Mayor ATTEST MorIi Weldon, Clerk . . 3 . CITY OF STILLWATER MEMORANDUM TO: Mayor and CIty CouncIl ~ DIane Deblon, Fmance Drrector rfJrfJ December 17, 1999 FROM: DATE: SUBJECT: Workman's CompensatIOn Insurance BACKGROUND The CIty has receIved the Workers' CompensatIon notIce of premIUm optIons for the year 2000 The CIty may select from several optIons that 10clude regular premIum, deductIble optIons or retro-rated optIons Last year the City selected the regular premIUm optIOn ANALYSIS . The LMCIT has not made any sIgnIficant changes 10 the polIcy to adversely affect our costs The cost for the year 2000 IS $70,715, WhICh IS based on next year's estImated payroll and the CIty'S expenence modIficatIOn factor. The CIty also receIves credIt for partIcIpat10g 10 Managed Care, and that has been deducted from the cost The types and dollar amounts of the CIty'S claIms has changed over the last few years Staff and the CIty'S 10surance agent belIeve that the sav10gs under the retro-rated and deductIble optIons are not enough to select these optIons CONCLUSION The net depOSIt premIUm amount of$70,715 IS a very reasonable fixed dollar amount for the CIty'S Workers CompensatIon Insurance RECOMl\tIENDA TION Staff recommends the selectIon of the regular premIUm optIon of $70,715 for the 2000 year Also - the CIty CounCIl must deCIde whether or not to waIve the statutory lIabIlity lImIts. The CIty dId NOT waIve thIS hmIt last year and staff recommends the same actIon for the . year 2000 . , . . . MEMORANDUM TO Mayor and CouncIl FR City Coordinator RE Amendmg fees for servIces DA December 17,1999 DISCUSSIon I am attachIng a worksheet that shows the vanous fees charged by the CIty for varIOUS servIces The "typed" numbers mdicate the fees that are currently being charged and the "wntten" numbers mdIcate the recommended changes The changes are modest and would be appropnate given the cost to provide the services and the fact that the fees have not been changed for 3 years or more RecommendatIon. CouncIl approve change m fees for certain CIty servIces .- /71~ City of Stillwater Fees for ServicesIPublications PROCESSI:\"G PERvIIT REVIEWS Al'iD APPEALS: Fees set ilt/ay 20,1997 by Res. 97-125 AoohcatIon Fee Escrow C omprehensl\ e Plan Amendment S500 1-40 acres $ 1 000 41-80 acres 51.500 over 80 acres 52.000 Zurnng Amendment (text or map) $300 1-.10 acres S 1.000 ~ 1-80 acres S 1.500 over 80 acres 52.000 Planned Urnt Development (PUD) Concept $500 0-40 acres $2.000 ~\U Fmal $500 ~1-80 acres S2.500 over 80 acres $3.000 5250 O..A.O acres $2.000 41-80 acres S2.500 ~ over 80 acres 53.000 ~ (j Amount dependent on Project location. SIte condItions and t: pe of development SubdI\ ISIon ResubdIvIsIonlLand Survey Re'VIew $100 PrelImmary Plat $100 + SO/lot F mal Plat $250 Condmonal/SpecIal Use PermIt ReSIdentIal S50 Home OccupatIon C ommercIallIndustrial Use DetermmatIon $50 $200 $100 Vanance ReSIdentIal $70 CommercIal/IndustrIal s:!oo fJ N A) k X Ii TI O}J f i2f( M I T - 0- Page 1 of -+ Sttlh"ater City Fees .~ountdepende~ton Project locatIon. sne conditIons and t) pe of development "- Amo'Wlt dependent on ProJectroc:ltIon. SIte concItions and 1: pe of de\<elopment .J I a a 0 "p To l 0 -A t:. ..1 ::LO , (I 1 0 Ac. +- 10112'99 . , . . . . \ . Cemtic::l.t1on of ComplIance $100 Design PermIt S"')- -=> SIgn PermIt $25 AJnountdependenton Project locanon. site condItIons and type of cevelopment N\G Punountdependenton Project location. SIte conditIons and type of de" elopment Amount dependent on Project locatIOn. Site condItions and type of development nla n1a nla n!a Appeals SIte AlteratIOn Permit Demolmon PermIt Street VacatIon Gradmg PermIt Appeals PermIt ~lodificatIons S')~ -=> $25 $100 S100 UBC5 S')- -=> Same ee as ongInal permIt . An escrow shall be establIshed as IndIcated above to cover engIneering and legal fees mcurred by the CIty as pan of the plan reVIew 1) The fee shall be doubled for after-the-fact permit applIcatIons. 2) The Umform BuIlding Code establishes a fee schedule for grading permIts. PUBLI CA TIO~S/MI='iUTES/.-\GE~DAS: City Code Book Zomng Book DO\vnto\\n Plan DeSign Manual Comprehensive Plan MUlled mmutes - per j ear M:llled agendas - per j ear CItv of Sull\\ater MaD . . Zomng :\Iap Proposed Land cse :\1::1:::> SW-OO- S25 00 SID 00 S500 S20 00 $60 00 S20 00 S 1 00 5 $200 S100 . Fees set ll-1ay 1,1988 (exceptIOns noted) fJ l(/ S100 unboundlS125 bound (set 1997) (set 1995) c Ao ~~Lu1-'\Afl ~~~~ Page 2 0 t ...!. Still \"at~r Cltj Fees 10,12 99 ITE:\I Cr::, Coce BOOK Lor..mg Sook Do\'.T..i:o\\ n PIW1 Desi.g:l )"Illii.uaI COwprehe:1sl've P!a.."1 :\laIled :\Imutes,'per ~e:.r \.f ' '. ., - .3.rlea. .""'-genoa/per- :- e:rr Prepared Maps: BIack/\Vhlte/Blue Lme CIi:)' :\tfap (8 5 XII) CIty :\fap (11 X 17) CIi:)' Nfap (30 X 36) Zorung (3.5 X 11) Lomng (11 X 17) Land Use M~p (11 X 17) ...l.SbUIlt Drawu:gs (11 X i 7) AsbUllt Drawmgs (2.:1 X 36) s-cl-l-I=O lJLe l'A L( I PROPOSED FEE . , I ClJRREl'T FEE S100 unbounciJS125 I bound ~~ r" I (set ~* Eser- 11~ I S25 00 <" - . ~ , I SID 00 I S500 I S20 00 I S60 00 I S20 00 I 11 00 I I I I I . 5200 : 5200 I 51200 152.00 I 5.1.00 I 5.1.00 i Resi.oer.ts - ~o Charge I Othe:s - SID 00 IIllID..I.lilllTh 53 00 I each over 5 sheets " Residents - No Char!2:e Others - SID 00 I1"lir1h--num 5600 i e3.cn over 2 sheets Color CI:Y i\tfap (30 X 36) Lamng :\tfap (36 X .18) Zomng Map (8.5 XII) Zomng Map (11 X 17) Land Use Map (11 X 17) C' .... I ~lor r:l:lts i 1 opog:-aprllc Maps I ?~:-cel :\lap (8 5 XII) O\v-:1er of Parcel O!::er PaILleS .=.:ec~:-or.lC D<:ra vIa :\IaIl'" .=.!e.:::;::-on:c D<:.ta \Ia Em<:ll'" . I I I I I I I I I I I I I I I : 52.1.00 I 530.00 155.00 15700 15700 I 152.00 per page (1-10 pages) 51 00 per page (1 0 p~ges and up) I 55 00 per acre plus staff tIne I I I ~o C~arge I 510 00 :r:mu:mm or 52 00 ~er page I , 525 00 e::cn (proje::::) plus s;:3.ff t.::1e i 51500 eacn (proJec;:) plus st:.fft.r:!e E=-:::CT~O:\"IC DATA. FEE ).orCST BE PAID A...,\1) LICE:\"S=: -\GR=:E\-fE)'"T SIG);r:D BEFORE SE:\1)c\G . ~ \ . . . OTHER SERV1CES: Assessment ServIces Dog LIcenses - per year Parkmg PermIts - per month Copies - per sheet LIQCOR & TOBACCO LICE~SES: Per)' ear On-Sale On-Sale Club On-Sale Sunday Off-Sale On-Sale \Vine On-Sale Wine w/Strong Beer On-Sale 3.2 Malt LIquor Off-Sale 3 2% Malt Liquor Tobacco Permit to consume local non-profits $10.00 ~D $5 O~J ;~O.J ,J t- $2300 $350 $200 $200 $200 $300 $100 $50 $250 pnor to 1990 prior to 1990 set ~ltfarch i, 1995 by Res. 95-59 set 1998 Set Nov. i, 1995, by Ordinance i95 '(B,P' Set January 1,1996 by Ordinance 811 (future changes to be by resolution) $25 '3 ~ no fee Set January 5,1999 by Resolution 99-9 USE OF CITY PARKS AJ."l) PICNIC SHELTERS: PIoneer Park Shelter Weekdays W eekends/Hohdays DepOSIt e~fJ p S" t+eLL.. It 1J V 7". {Vl ~ o e-PCl ..s 1 T All Other Shelters1 ()...AZEa C \Veekda} s \Veekends/Holiday s DeposIt Lo\\ell Park Fee Damage Depos1t Residents nofee :35 $25 5"0 $35 S 0 ~f I~t ResIdents no fee ~ ,- $25 So $35 50 Commercial Ujse $500 $250 Set Jan. 16,1996 by Resolution 96-20 Non-Residents $25 75 $75 16 " $35 5 (J 1 ~ 11-S' '3~ 5'0 N on-ResIdents $25 ., 5 $35 l e 0 $35 5 0 Nit, Page 3 0 f ..1 10/12/99 Stillwater Cn)' Fees POLICE FEES Dog Impound S35 ~ () S5 If) $10 ach addItIOnal page) Dog LIcense .-\U<1IO Tape Copy VIdeo Tape Cop: S30 t1J~ State ACCIdent Reports $5 PolIce Reports $ 5 (1 Sl page Background check :1) AD $ 4 per person In-house statIstIcal computer run $10 P ARKI='G FI~ES: Set b.v Resolution 95-59011 klarch 7,1995 'I. 11-0 10 S10 S10 S30 525 any vIOlation not preceded by another parkIng VIolatIon the prior 90 days any' lOlatlOn preceded by one parkIng violation In prior 90 days any violatIOn preceded by two or more parking vIolanons WIthin prior 90 da) s added to fine In not paid WIthin fi '~ days of Issuance PER"\IIT PARKING FEES S 1 0 permit parkIng per month per vehIcle ($5 per month If after 15th of month) ~ NfL o p~ tJ B u f /.) J AJ ~ $sQ.<(fo 10 , R EPo e. T S NjG ~ F(e..E ~ r~ ~O-P So l I . NV . . Page.! of of 1 Oil 2 /99 StIlh\ater CIt) Fees . . . " -~ MEMORANDUM TO Mayor and CouncIl FR City Coordmator RE LegIslative Consultmg Contract DA December 17, 1999 DISCUSSIon Accompanymg tlus memo is the proposed contract for consulting servIces by LegislatIve AssocIates, Inc (Ed Cam) The contract IS somewhat sImllar to the current contract and mcludes the followmg Flood Control project (1/1/00 - 12/31/00)- State = 10 hours per month @ 65 00 per hour Federal = 40 hours per month @ 65 00 per hour Temtonal Pnson-wall and storm water (1/1/00 - 5/31/00)- State = 20 hours per month @65 00 per hour Browns Creek Improvements (1/1/00-5/31/00)- State = 20 hours per month @65 00 per hour General Services (1/1/00-12/31/00- As needed and as pre-authonzed @ 65 00 per hour Recommendation Councll approve contract With LegIslative AssocIates for consulting servIces /J1~ .......... /. ~ . . . 12/2i2l/9S MAG~SON Lqw F:RM ~ 430S3e9 1--0.961. [;l\32 11 44 CONSULTANTCONTR~CT Tlus contract is made December 21, 1999, bern,ecu the Clty ofStillwArer, a Home Rule C~arter CIty of the tlurd class, existing under the la\\'5 of the State of Mmnesota, WIth offices at 216 North 4th Street, Stlllwater, MInnesota 55082, "City". and Leg1Slauve ASSOcIates. lne . 7920 Towerbell Court. Annandale, Vlrgmia 22003, hCoDSI.11tant". RECITALS The City desires to retain the SeMces of the Consultant to obtain Fcde:al and State support for the rei'all' of the erosion of me levee wall located 111 LoweU Park, adjacent to the St. CroiX RIver Nancnal Scenic River Way and related development projects In the CIty and to secure fundlng for a new National Guard Armory. Con5ultut agrees to perform these sct'Vlces for the City under t..l-],e terms and cocchtions set forth in this Contract In consideratIon of the mutual promises set tbnb herein, It 15 agreed between the C1ty and the Consultant as follows' SECTION 1 NATURE OF WORK Consultant will perfonn the follow111g consultmg and advlSOI)' serVIces on behalf of the City: A. FLOOD CO~ROL PROJECT 1. To secure the required s~pport of the House and Senate Approprlatlons Cotnnuttees, 2 To seck a Ca';otablc fU1dll~g in the Corps of EnglOcers study to Justify the finanCIal costlbencfit ratlo to the CIty of Stillwater in the construction of the Stage UI flood wall by me fQllowmg actions a By gaining the support of the U.S. House and Stnate Authorizing CoIIll!llttees; By obwmng precedents for the use oflustOrlcal s~tes as exttacrdinary comlltJons in the evaluation of me finar.claJ benefits of the flood wall coostructIon; By workmg closely with the study team to assure the best advantages possible for the approval of the flood wall constrUctlon, By wor1dng witb the Headquarters and RegIooal Office officials of C1e V.S Corps ofEngmeen to aSSllre a favorable approval of the srody b, c. d Page I 12;20'3~ 11 44 MAG~Sm~ L::t.J F. PM ~ 43083e9 1'0 981 e By \\orlong In advance on dra~ or the appropnation bllI needed te Sc?Cl.1e tbe rematnder of Stage D fundIng, and Stage Dl. 3 To mamtam con~acts and ~ the Mmnesota Congress:onal Delegation, the M~nnesota SLate LegIslature members, and the MlIlllesota Department of~atural Resources (DNR) officials infonned of changes, problems, and progress m levee fmdmg ij. TERRlTORIAL PRISON WALL 1. To secure support in the Minnesota HOllse and Senate for a grant of approxImately $2,000,000.00 for rel'air and racor.struction oitbe Hlstoncal Wall surroundmg the Temtonal Prison S1te; and 2. WOlk with local legislative represcntatlves and varIous comnuttce chaJ;s, a.,d 3, Work with State Historical Society officials who playa major role U1 state spendIng for HlstOIlCal resources, i:1d 4. Keep the City Council and Sraffup to dace on all efforts C BROWN'S CREEK FUNDING 1. Contmue to work With the Mmnesota DNR and Minnesota Leglslature for f.mdlng needed to divert ran off from newly Allnexed areas away from Trout Stream, and 2. Work with engIneer to ensure all submItted material IS gIven to D:\R in a tiDely fashIon to qualIfy for any grants that could be used for thIS purpose D GENERALSERV7CES General service work Will include other State and Federal projects given prior authonzation by the CIty Counell. SECJ'tON II. PLACE OF WORK It IS understood that Consultant semces w1l1 be rendered latgely at the CIty o:\Vashmgton, Distr'ct ofCohuntna and at the State CapItol ofMl11nesotn and nOl in the Office of the City SECTION In. Tl~IE DEVOTED TO '\ORK The CIty WIll rely upon the Consultanl to put forth such effort as 1S reasonably necessary to fulfill the sp~rit and purpose of the Contract Page 2 '-/ [;l03 ~ ~ . . . ,,. \ e . . 12..-20/3S 11. ~4 t-.O 981 ~~G~SON L~ F:RM ~ 4308909 liI04 SECTION IV, COMPENSATION 1 The City will pay to the Co'Dsultant as follows. a For Federal and State legIslatIve acnon relat~d to the Flood Control Project dunng the months from Ja:mary 1,2000, throujh December 31. 2000, &.t the rate of 565 00 per hour nD to exceed SO hours per month allocated at 40 hours ror Federal work and 10 haul'S for State work b For State acUen related to the Territonal Prison wall dunng the rnor.!bs from January I, 2000, through May 31,2000, at the rate of 565.00 pet hour not to exceed 20 hours per moIJth. C. For State action related to the Brown's Creek trout protections du..ing the months of January 1,2000, through May 31, 2000, at the rate 0(56',00 per hour not to exceed 20 hours per month d. For allthonzec general services a: the rate of $65.00 per hour SECfION V. D]lBATIQN ThlS Contract will be effective from January 1,2000, through December 31, 2000, however the &ature of the work done by consultant WIll be rCVlcwed at least q\larterly to detennme whet.icr work should be deleted or added bascc! u,on changed CIrcumstances SECTION VI. ~TATUS OF COtsSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the CIty for any purpose SECTION VII. INDEMNIFICATION An.yand all chums that anse or may anse agamst tJ:e Contractor. its agl;1lts, servants or emplo)ees as a consequence of any act or OmJSSIOI1 on the part of the Cons~ltant or its agents, servants or employees while engaged in tbe perfonnance of this Contract shall m no way be the oblIgation or l'esponsibll1ty of the City. Consultant shall indemI11fy, hold harmless and defend the CIty, its officers and employees agaInst any and cl.llliabllny, loss, COSlS, damages, expenses, claims or actions, inclucing attorney's fees, wluch the CIty, Its officers or employees may hereafter sustam, IDeur or be Inquired to pay, anslDi out of or by reason of any negl~gence or Page 3 12, 20/3'S NO 961 11 44 MAGNUSON Lqw FIRM ~ 43138809 wlllful act or onusslon or the Consultant, its agents, servants or cmploye~sJ Ul the executIon, performance or failure to adequately perform Consllltant's obUganOllS under this ContraCt. SECTION VIII. AUTJlORITY The City hereby grants tl,) the Consultant a~J authont) reasonabl~ necessary to pursue ar.d achieve the obJcctrves of tlus Contract IN WITNESS WHEREOF, the parties have set their hand~ ellS 21s: day of Decembcr. 1999, CITY OF STlLl WATER By Jay Kimble, Mayor By Maru Weldon. City Clerk LEGISLATIVE ASSOCIATES, INC. By EdV\110 E. Ca1:1, Its PresIdent Page 4 90S I . . . ... . . . # LEGISLATIVE ASSOCIATES, INC. WASHINGTON OFFICE: 1101 30th Street, Suite 500 Wasluns;on,O C. 20007 (202) 625-4356 Fax (202) 625-4.163 MINNESOTA OFFICE' POBox 2131 Sbllwater, MN 55082 (651) 439-7681 Fax (651)439-7319 December 16, 1999 To: Mayor, Council Members, and City Coordinator City of Stillwater From: Ed Cain, LAI Subject: Legislative Issues for CY 2000 Affecting the City of Stillwater The following legislative Issues should be considered for action in the forthcoming Federal and State Sessions of Congress and the MInnesota Legislature. Much of thiS work Will also involve the Federal and State governmental agencies. Stillwater Levee and Flood Control Project: The project is at a critical stage as as result of the required feasibilIty study before Stage 3 can be approved for fundIng. While the State Legislature as already allocated $750,000 for the third stage, the Federal appropriations are contingent on the study which unfortunately IS being conducted by the St. LouIs Corps District Office. There are several options available to us, all of which must be followed until they are no longer options. In addition, other legislative actions must be taken whether or not there IS a question. 1 The State HistOrical Society claims they have never approved Stage 3 construction. I have obtained and made copies of several hundred pages of plans, pictures, charts, and narrative which have given them We have had several meetings, and Will need others before their approval IS forthcoming 2. The MN DNR is critical to all our planmng and dIrections. Since they are responsible for the admlmstratlon of the $1 5 millIon allocation we have already received, we must keep them happy and fully Informed as to our problems, strategies, and solutions. I am meeting with them on a regular baSIS. 3. The immediate task IS working with the St. Paul Corps as they review the St. Louis Study, and workIng with them on their Internal review We are meeting with to look at a variety of alternatives, with the goal of Increasing the costlbenefit ratio from the .33:1 they have determined to a 1'1 ratio needed for funding approval. 4. SEH has been ask by the Corps to update the DeSign Memorandum se~ InvolvIng Stage 3. I am also working with them on that phase . . . 5 No matter what the solution may be, we have to get Congress to reauthorize the project yet another time. The Corps has Increased the estimated costs of the project to $13.8 million, more than $2 million more than the $11 6 reauthorization we successfully negotiated through Congress three years ago. The Water Resources Development Act (WRDA) IS scheduled for action dUring this coming Session. This is the authorization bill for all water projects, and is only considered every two years To avoid any construction delays, the reauthorization must occur in the 2000 action of Congress. 6. WhIle It will be extremely difficult to get Congress to delete the requirement they Imposed calling for a feasibilIty study for Stage 3 in the 1996 WRDA bill , thiS IS something that has to be tried If we are successful, this IS the cleanest solution to our problem. 7. While we have sufficient funding for Stage 2 of the project, this work will be completed In the Summer of 2000. To avoid delays in the project, we will also need to work on an appropriation to permit construction to continue in the Fall of 2000 and the Summer of 2001 on Stage 3. Territorial Prison Wall: 1. We have requested $2 million from the State Legislature In 2000 for the repair and reconstruction of the Territorial Prison Wall. The study you authorized with Barr Engineering indicates our estimates were very close. This funding Will Include historical walking paths, repair of the turrets on the upper wall. I have bUilt In the sewer costs, past and current, as the matching funds for the project, Consequently, no additional matching funds should be required. 2 I Will be working with Senators Laidig and Jane Krentz (Committee Chair) and Representatives Holsten and Jim Knobloch (House Committee Chairs), and of course, all the other Committee Members In both Houses. 3 Again the State Historical Society offiCials are key VOiceS In thiS endeavor. They administer very lIttle money, but playa major role In advising the Legislature This IS the another issue on which I am spending serious time with the Historical folks. Brown Creek Project: 1. While the City has applIed for the $1 1 million authOrized in the the 1999 Legislature for trout streams, it is my understanding from Klayton that additional funds Will be needed In the coming year if construction work is not d~ayed. While the City can borrow the funds and needed, and get repayment from the developers over the next few years, additional funding of thiS authority in 2000 would 'Permit the use of State funds, and not encumber the City for additional loans. Page Two . . . 1. It will be highly beneficial to Stillwater to get all the funding for this project as soon as possible. The Legislative authority does not specIfy "Stillwater" In the Act. It is open to any community that applIes for the funds. Stillwater was fortunate this year that no other community was aware of the authority, and applied for the funds. Others Will become aware of the authority very quickly, so we better get all we need before DNR IS swamped with requests. St. Croix Bridge Legislation: 1 Given the opposition to the bridge with a new Administration that has been basically neutral, I anticipate the introduction of legislation that will block the construction of the bridge by re-prIorItlzlng the MNDOT projects, urban sprawl legislation, or other bills lIke the four that we defeated in previous sessions of the Legislature. It Will be important to follow and scrutinize both environmental and transportation bills that may Include a provIsion to eliminate the project. Stillwater Armory: 1. We are stili classified as the first priOrity by the National Guard for the construction of new armOries In the State. Unless there is a change of policy by DoD In Washington, there Will be little funding Without special legislation for unique projects, Le., the leaSing of the bUilding to the National Guard. 2. I have not pursued this project vigorously at the Federal level due to financial concerns of the City, as per directions. While thiS may not become a major effort, the options available to us need to be explored and reported back to the CouncIl. Page Three e . v. FlOal Draft December 21, 1999 DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND LEGENDS WEST LIMITED PARTNERSHIP FOR THE SUBDIVISION OF STILLWATER CROSSINGS , ThIs agreement was drafted by: DaVId T. Magnuson #66400 Magnuson Law Fmn 333 North MalO Street SUIte 202 POBox 438 StIllwater, MN 55082 651/439-9464 , " , - . . DEVELOPMENT CONTRACT THIS AGREEMENT, made thIS 2llt day of December, 1999, between the CIty of Stillwater, a polItical subdivIsion of the State of Minnesota, ("CIty"), and Legends West LImIted PartnershIp, a Minnesota LImIted Partnership, ("Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Property. The Developer IS the owner of the Property descnbed In the proposed plat of Stillwater Crossings AddItIon to the CIty. 1.02. Subdivision. The Developer has made applIcation to the City under the CIty ZOning ordinance and its subdIvIsIon ordinance to develop the property Into one hundred forty two (142) resIdential townhouse Units The Planning CommissIon and the CIty CouncIl have revIewed the applIcation in accordance wIth MInnesota Law and City ordinances. The CIty has agreed to approve the plat and to accept Deeds of DedIcation of the publIc facilIties within the plat, subject to full performance by the Developer of all its oblIgatIons contained in this agreement A copy of the PrelIminary Plat is attached as ExhIbIt "A", and the Final Plat for Block 1, lots 1 through 4, IS attached as Exhibit "B". 1.03. Public Improvements. The Developer has requested that, at ItS expense, It be allowed to construct the publIc streets and utilities lYing WIthin the property, and the storm waste facIlIties descnbed on the proposed plat and any Improvements necessary to serve the Project ("Public Improvements"). The CIty IS willing to allow the Developer to construct and Install the PublIc Improvements, only If the condItIons set forth In this Agreement are satIsfied. 1.04. Public Improvements; Plans~ Specifications. The City agrees to authonze the CIty Engineer to review and approve the plans and specIfications for the PublIc Improvements. The specificatIOns must be both to CIty standards, MNDOT standards for street construction and the rules and regulations of the Board of Water Commissioners. Approval by the CIty Engineer of the plans and specIfications for the PublIc Improvements IS a condItion of this Agreement. A description of the publIc Improvements and estImates of costs for Phase One IS attached as Exlublt "C". 1.05. Public Improvements~ Warranty. Developer agrees that the work wIll be done in a workmanlIke manner; that all matenals and labor WIn be In strIct conformIty to the specIficatIons and any reqUIrements set forth by the CIty in theIr plat approval. All work done pursuant to thIS contract is subject to the Inspection and approval of the CIty Engineer, who shall have the authority to suspend or stop work on the project If any condItion of thIS contract IS breached or any law or adminIstratIve rule IS VIolated. If any material or labor that IS supplIed IS rejected by the CIty Engineer as defective or 1 _. unsuItable, then the rejected materials must be removed and replaced with approved matenal, and the rejected labor shall be done anew to the satIsfaction and approval of the CIty Engineer at the sole cost and expense of the Developer. This warranty wIll extend for one year beyond the acceptance date of the PublIc Improvements. 1.06. Public Improvement Schedule. The Developer further agrees that it wIll commence work on the Phase One improvements on or before Janual)' 1. 2000, and will have all work done and the improvements fully completed to the satisfaction and approval of the CIty on or before July 1. 2001. The Developer wIll be excused from the strict completIon date if wntten notice is receIved from the Developer of the existence of causes over which the Developer has no control, WhICh will delay the completion of the work. In that event, the City may extend the completion date. Section 2. Developer's Representations. The Developer represents to the CIty that as of the date of tlus Agreement, the statements set forth in thIS sectIon are true. 2.01. No Disability. The Developer knows of no legal dIsability that would prevent it from carrying out tlus Agreement. 2.02. Ownership. The Developer has a sufficient Interest In the property to carry out this agreement . 2.03. Execution No Violation. The executIon, delIvery and performance of thIS Agreement does not and WIll not result In any breach of, or constitute a default under, any Indenture, mortgage, contract, agreement or Instrument to which the Developer is a party or by whIch It or the property is bound. 2.04. Litigation. There are no pendIng or, to the knowledge of the Developer, threatened actions or proceedIngs before any court or adnunIstratIve agency which will matenally adversely affect the finanCIal condItion, business or operation of the Developer or the abilIty of the Developer to perform Its oblIgatIons under thIS Agreement. 2.05. Compliance. The Developer will comply WIth and promptly perform all of ItS oblIgations under this Agreement and all related documents and Instruments. . Section 3. Security. 3.01. Consultant Fees and Charges. The Developer will pay to the CIty when due, all consultant fees Incurred by the CIty In behalf of or at tlie request of the Developer, including the costs of engIneenng, legal and testing servIces, and reasonable admInIstrative expenses associated WIth the publIc Improvements and related development actIVIties. An estimate of the expenses shall be made avaIlable by the CIty to the Developer if requested in wntIng by the Developer. 3.02. Trunk Hook-up Charges. The Developer must pay to the C!ty the following trunk charges WIth respect to Annexation Area trunk Improvements 2 - Trunk Sanitary Sewer Storm Sewer Trunk Water $3500 per acre $3900 per acre $2660 per acre $10,060 per acre The total trunk charges for the 26 5 developable acres withm the plat IS (26 5 x 10,060) two hundred SIXty SIX thousand five hundred mnety dollars ($266,590). The Trunk Charges for Phase One IS (3 2 X 10,060) $32,192. The total Trunk Charge for Phase One 10 the amount of$32,192 must be paid to the City before recordmg of the approved Plat. Payment of the Trunk Charges of $234,388 w1l1 be deferred until approval of the Fmal Plat for each phase or December 31, 2000 provided that before recordmg of the approved Plat for the remainder of the property the Developer provides secunty for the payment of the charges by Letter of Credit 10 the amount of $234,388. The Letter of CredIt must be in a form attached as Exlublt liD" and drawn upon an entIty previously approved by the City Attorney and must provide that If the Deferred Trunk Charges are not paid in full by December 31, 2000, the CIty may draw upon the credIt for the full amount of the unpaid Deferred Trunk Charges then due. The letter must extend at least SIXty (60) days beyond December 31,2000. . 3.03. Other Hook-up Charges. Any other applIcable hook-up charges such as the MetropolItan SAC charge and Water Board WAC charge will be due when bUIldmg permits are requested for each bUlldmg lot . 3.04. Public Improvement Costs Letter of Credit. Pnor to beginning work, Developer must furnish to the City a Letter of CredIt Issued by an entIty previously approved by the CIty Attorney 10 the form attached as Exhibit "D" which w1l1 guarantee payment of the cost of PublIc Improvements and performance of the Developer's oblIgatIon contained 10 thiS Agreement at a cost of no less than $ At least thirty (30) days pnor to the expiratIon of any Letter of Credit provIded under thIS SectIon Developer shall proVIde the CIty WIth a replacement Letter of CredIt whIch must extend at least one year beyond the expIratIon date of the Letter of CredIt then 10 effect or, If earlIer, untll a date wInch IS SIXty (60) days beyond the contractor's wntten estunated date for completIon of the PublIc Improvements, or Developer will be 10 default hereunder With no opportunity to cure and the CIty may nnmechately draw upon the Letter of Crecht then 10 effect Developer may at any tIme secure a reductIon of the face amount of any Letter of CredIt then 10 effect by an amount equal to the amount which-it has dIsbursed to any contractor for constructIon of the PublIc Improvements, except that at least 25% of the Letter of CredIt must remam avallable to the CIty for a period of one year beyond the acceptance date of the PublIc Improvements and ten percent (10%) of the Letter of CredIt must remam avallable dunng the penod that the Developer IS responsIble for erOSIon control and storm water control as reqUired by S4 04 and S4 05 of thiS Agre~ment Any letter of credit prOVIded under thiS SectIon must permit the CIty to draw upon It for the full face amount thereof, as reduced from tIme to tIme as prOVided herem, upon 10 days' wntten 3 e notIce to the Developer of Its opportumty to cure, or Immediately 10 the event Developer fails to comply with any oblIgatIon stated 10 thiS SectIon With respect to replacement Letters of Credit. Section 4. Developer's Undertakings. 4.01. Easements and Greeway Edition. The Developer must furnish to the City upon request and without charge, all permanent easements as designated in the plat and the plans and specIficatIons, and deeds to property deemed necessary by the City for the locatIon, construction, lOstallation and operatIon of the PublIc Improvements to be constructed on the Property, 10 form and content satisfactory to the City, Further, the Developer must convey to the City by an easement for trails, landscaplOg, drainage and ditch purposes, municipal utIlItIes in, over, and across Outlot "C" of the FlOal Plat. Also, the Developer must grade and shape the outlot according to the approved gradlOg plan, construct a pedestrian traIl, and landscape the outlot 10 a manner satisfactory to the Community Development Director 10 order to screen views of County Road 15 traffic from the Development. . 4.02. Inspection. The Developer, through ItS Engineer, must prOVIde all staklOg, surveying and, If required by the City EnglOeer, provide full-tIme reSident lOspectIon for the Improvements 10 order to lOsure that the complete Improvements conform to the approved plans and specificatIons. The City will prOVide for general and final inspectIon and must be notIfied of all tests to be performed. 4.03. Park Dedication. The Developer must, as a condition of this Agreement, comply With the Park DedicatIon requirement of the City plat approval process and execute deeds of conveyance or easements and perform constructIOn work on the park property as necessary to fulfill park dedicatIon requirements and restrIctive covenants that will protect open space buffers and natural creek buffers from development or degradatron The park dedicatIon reqUIrements are deternnned to be as set forth in ResolutIOn 99-287 adopted October 5, 1999 in file number SUB/99-9. 4.04. Erosion Control Measures During Construction. Developer agrees that It WIll construct erosion control devices in conformance with the approved ConstructIon Plans for the PublIc Improvements. This plan must protect the adjacent pond and wetlands from erOSIOn, pollution and siltation dunng the construction of the Public Improvements and must be approved by the StIllwater City EnglOeer. - . 4.05. Erosion Control Plan. Storm Water Improvements. Developer agrees to submit to the City an erosion control plan that Will protect the storm water faCIlIties wlthlO the plat and adjacent ponds and wetlands from erosion, pollutIon and sIltatIon during the tIme that the Developer or ItS successors and assigns are constructlOg buIldlOgs on the lots lDcluded 10 the plat. The Developer must be responsible to carry out this plan for five (5) years, after the date of this agreement The plan must lOcorporate all applIcable 4 II mItigation measures set forth In the AUAR MItigatIOn Plan adopted by the CIty for the Annexation Area 4.06. City Regulations. Developer acknowledges that the property IS regulated by the City of StIllwater and that a default under CIty ordInances or condItIon of approval of any permIt IS a default as defined In thIS agreement. Any condItions of approval Imposed by the CIty CouncIl as part of SubdIVIsIon ApplIcatIOn No' SUB/99-9 are made condItions of thIS agreement, IncludIng' (a) A landscape tree plantIng plan must be submItted, revIewed and approved by the CommunIty Development DIrector before the final plat is recorded. The Landscape Plan must Incorporate native plantmgs and a landscape screen along County Road 15, as recommended by CIty staff, (b) A SIte DraInage Plan must be prepared and approved by the CIty Engineer for each phase before final plat approval (c) A national pollution dIscharge elImInation system general storm water permIt for construction activity must be obtamed from the MPCA before sIte gradIng begins. . (d) Upon completion of the work, the Developer must prOVIde the CIty With "as buIlt" Mylar Plan Sheets and auto cadd computer files shoWIng the sewer and water servIce stub Inverts and water stop boxes, The plans must show the locations, elevations, length, SIzes and makes of all sanItary sewer watermain, storm sewer and street Improvements as measured In the field dunng and after constructIon. 4.07. Traffic Lanes and Street Construction. Developer acknowledges responsIbilIty for Street and IntersectIOn constructIon assocIated WIth the project at the Intersection of 62nd Street and County Road 15, consIstmg of the constructIon of traffic lanes and a signalIzed intersection. The Developer's responsIbIlIty WIll be 1/6th of the cost of the Intersection and eIther one half the costs of permanent traffic lanes or If necessary, the full costs of temporary traffic lanes at the IntersectIOn. 4.08. 62nd Street Construction. The Developer agrees to pay an assessment for the upgrade of 62nd Street expected to be done dunng the year 2000 constructIon season The assessment WIll be on a front foot baSIS and the work done accordmg to CIty standards. In the alternatIve, the Developers may elect to construct 62nd Street accordmg to CIty standards and mclude constructIon of the Intersection of 62nd and Curve Crest and the combmed 62nd Curve Crest from the mtersectIon to County Road 15 In tlus event, the Developer wIll be gIven a credIt for the amount of thIS work against the costs of the SIgnalIzed IntersectIon and turn lane reqUIrements In S 4.07 _ . 4.09. Damage to City Facilities. The Developer WIll be responsIble for any damage 5 ~ caused to any CIty facIhtIes or Improvements includmg roads, storm water systems, sewer and water facllIties, by the Developer, Its contractors, agents or employees and for any repaIr or clean up costs or expenses mcurred by the CIty m taking remedIal action Section 5. Insurance. 5.01. Insurance. Developer w1l1 provide and mamtain or cause to be mamtained at all times dunng the process of constructmg the Pubhc Improvements and, from time to time at the request of the CIty, furnish the City WIth proof of payment of premlUms on (a) ComprehensIve general habihty msurance (including operations, contmgent habIhty, operations of subcontractors, completed operations and contractual liabIhty msurance) together with an Owner's Contractor's policy WIth lumts agamst bodlly mjury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-requIred hmIts, an umbrella excess habIhty pohcy may be used), and shall be endorsed to show the CIty as an addItional msured to the extent of Its mterest. . (b) Comprehensive general pubhc habIhty msurance, mcludmg personal mJury habihty for mJUrIes to persons and/or property, includmg any injuries resulting from the operation of automobiles or other motorized vehIcles on or about the Development Property, m the mimmum amount for each occurrence of $1,000,000, and shall be endorsed to show the CIty as an addItional insured to the extent of ItS mterest. (c) Workers' Compensation insurance respecting all employees of Developer in amounts not less than the mmimum required by statute, Section 6. Indemnification. 6.01. Indemnification. Developer agrees to defend and hold the CIty, and Its officials, employees and agents, harmless agamst any and all claIms, demands, lawsuIts, Judgments, damages, penalties, costs and expenses, mcludIng reasonable attorney's fees, arIsmg out of actions or omissIons by Developer, ItS employees and agents, m connection with the Project. 6.02. Enforcement by City; Damages. The Developer acknowledges the nght of the CIty to enforce the terms of this Agreement agamst the Developer, by action for specIfic performance or damages, or both, or by any other legally authonzed means. The Developer also acknowledges that ItS faIfure to perfonfi any or all of ItS obhgatlOns under thIS Agreement may result m substantial damages to the CIty; that in the event of default by the Developer the City may commence legal action to recover all damages, losses and expenses sustamed by the CIty; and that the expenses may mclude, but are not hmIted to, the reasonable fees of legal counsel employed WIth respect to the enforcement of thIS Agreement . Section 7. Events of Default. 6 '~ 7.01. Events of Default Defined. The following wIll be "Events of Default" under thIS Agreement and the term "Event of Default" will means, whenever It IS used in this Agreement, anyone or more of the following events' (a) Subject to UnavOIdable Delays, failure by Developer to commence and complete construction of the PublIc Improvements pursuant to the terms, conditIons and lImItatIOns of thIS Agreement. (b) FaIlure by Developer to observe or perform any covenant, condItIon, oblIgation or agreement on its part to be observed or performed under this Agreement. 7.02. Remedies on Default. Whenever any Event of Default occurs, the CIty may take anyone or more of the follow1Og actions' (a) Suspend work on the project and Its performance under the Agreement incluchng the issuance ofbuIld1Og permits until It receIves assurances from Developer, deemed adequate by the City, that Developer will cure ItS default and cont1Oue its performance under the Agreement. . (b) Take action, 10cluchng legal or adrnInIstrative action, as IS necessary for the CIty to secure performance of any prOVISIon of thIS Agreement or recover any amounts due under thIS Agreement from Developer or under the Letter of Crecht descnbed 10 ~3.02 and ~3.04. (c) Undertake to complete the publIc lIIlprovements or other oblIgations of the Developers, through ItS agents or through independent contractors and before the undertakIng, draw upon the Letter of Crecht described in ~3 04 for the full amount of the estImated work. Section 8. Administrative Provisions. 8.01. Notices. All Notices, certIficates or other commUniCatIOns required to be gIven to the City and the Developer must be suffiCIently given and WIll be deemed given when delIvered, or when deposited in the United States mail in regIstered form with postage fully prepaId and addressed, as follows. If to the CIty NIle Knesel, Coordinator CIty of Stillwater 216 N, 4th Street StIllwater, MN 55082 . If to Developer: DanIel J Herbst President 7 - The Pemtom Land Company 7597 Anagram Dnve M1Oneapohs, MN 55344 The CIty and the Developer, by notice given to the other, may designate dIfferent addresses to WhICh subsequent notices, certificates or other commumcatIOns will be sent. Section 9. Additional Provisions. 9.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for convemence of reference only and shall be dIsregarded 10 constru1Og or 10terpreting any of its prOVIsions. 9.02. Counterparts. This Agreement is executed in any number of counterparts, each of whIch will constitute one and the same instrument 9.03. Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement whatsoever, the City WIll, in good faIth, consIder the request, provided that the request is consIstent with the terms and condItions of this Agreement. 9.04. Law Governing. ThIS Agreement shall be governed by and construed 10 accordance WIth the laws of the State of Minnesota. . 9.05. Severability. In the event any proviSIon of this Agreement is held 10valid or unenforceable by any court of competent jurisdiction, holding w1l1 not 10valIdate or render unenforceable any other proviSIOns. Section 10. Termination of Agreement. 10.01. Termination. Thts Agreement w1l1 term10ate at the time all of the Developer's obligations have been fulfilled and when the cost of the PublIc Improvements have been paId 10 full and any default of the Deyeloper has been cured. . 8 --'- . . IN WITNESS WHEREOF, the City has caused this Agreement to be executed In its corporate name by its duly authonzed officers and sealed with Its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above wntten. CITY OF STILLWATER (SEAL) By: Jay L, Kimble, Its Mayor and Morh Weldon, Its City Clerk DEVELOPER LEGENDSWESTLThflTED PARTNERSHIP By: The Pemtom Land Company Its: General Partner By: Daniel 1. Herbst, President 9 . . . ACKNOWLEDGEMENT FOR CITY AND DEVELOPER STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On thiS day of , 1999, before me, a Notary Pubhc wltlun and for said County, appeared Jay L. Kimble and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that thiS Instrument was signed and sealed in behalf of the City by authonty of ItS City CouncIl, and they acknowledged the said Instrument was the free act and deed of the City, Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On thiS day of , 1999, before me, a Notary Public within and for said County, appeared Daniel J. Herbst, to me personally known, who, being duly sworn, did say that he IS the President of The Pemtom Land Company, the Developer named In the foregoing Instrument and that thiS Instrument was signed as the free act and deed of the Developer. Notary Pubhc 10 ,. c. ., ea.", II. '/4 .,... "- ~.~=.~'\ ......- --- II - I. '.IJIl.. i: Ill, ; I III III OUTLOT B Ii III II a iii --_L~__________________~____________~~_____ ---,--L------------...!:2!!!..-~---______r--- ~~-- ____~__A~__~____~___~~__~_~___ ___~n~ . . STILL WA TER CROSSfrS iJJ~ : ~G='''.':;= ""CO .... S-::U /:A-:'ER .".., ....., ',)40../ q ;j/ I ." I II :! :I .' " :z: j""" IN.,....",,'/4.,... _ V4. s.c. 31 N 00"09"29" w -.. t ~, ~ I " . .~ . 'I I S a a 'II s . a 'II J t ...... r-"' I_y' - / ~, '.) I I ~~ ,<-, ,<) '" I ::/ t."1 /,.:;~~= ...") , _ '/4. s-. 31 /tts--:.:-a ."'''' ...."... ,.."'''',.",'''' . -... .1"'" , r::" .....,"'- ...."'..,''''- ""CO .... ~:7::. ::':-::R /It1 c::.. 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WESTWOOD /fIro".SIOItal Srwce. MC' " F)(n, \0 \ t ~ Sh.., Z 01 Z _H'. ~ . . STILLWATER CROSSINGS I ")A',", .., ..., I C~ 40,) , {~ -', ~ rJ , ." 8 8 ~ ::! " " s:-:: : :~~ iER I 1 1 'I A """"'PI".' ,.,..,U. , 'VI" TUE , C",.C".,...~ &... ,~.., wv.;) "C" VI ~ ~ JUC){).... : TRAL " I 1329.24 '.. 1.n00 ,', ......,.:t-...". 209 II '"" , ..,: ,N40Jflr'"E Nn~O'.J6"w ,',' ~~~ B10 1 Ja~' ,,,.'71B " , -.....~::::~~J ~, .. NOO'JO ~I"W , 27~, ,'.::::.,. ~ ',\"J ')--7;00 -'" r,7;00-1 .... "-"'~~~J, ~"r... ~(I ~<(/~ Ilia ~I"I NOOJO:J,"W 1 .J6 = ~,,-,\lf >i~.J' ~ ~ ..........:t,~.,., ,I ~ \~ I: ;1 lot 18 81 ,<. lot ~ t I '(cr ~ /! ;J,~ 7 =l -1- Iii: I: :I"I~ .Jl I !1'8 I~ fl - 111", ,.,1 ~ = 1- -I & I ~ II /~ ~/. I ~I / ~ ~ .1 Ill: 4 ~I II a,,,, 3 '''It!1I !,~ I~~ 2 ~/~ It ~Y"'''.. ~~ i~:E e::t I~ ~Ij!:t I.~'f ~~/~ I~ 1..,' II ~~ .!S~ I' II:' ,: i' ,'J,' f:i,':too If ~}J "'J.., ~ NOO;:':i'"WJI,. ,.' NOO'JO'~I"W Ilk \f:t~:r,~ ~ ,'ll.........."... I:' {t !'I ., .1;4-....- - - L 7100 J i ...'...... ~ 1 "'''D2.~cl' "'~ 1 , 'Ii ...."27'2.-' - - -;iin .;i'i::.:::.::".l"rcc.,.;r:l'6ft J C ... "~S', . !n'" , V',~ : /11l NOO"27'tU"W '7J.It "'OJ...., '7'47':: "'V'c"O'ft.. "oo$QoOo- i' !!n ~';;ln !n"''''''7$~ '!n NJ!.2'$044"C Ie ~~ ,I.. u..u_ .. .'000 ~ PLACE t-ZSI'2 I '7J.It "00$6 01 :q .. .a. ""17'471' 20117 , /:;~ UI.,O"2"E _==, T '/11$ .' :JiN _'-'_'-'_' 2' , 10 , 1 '1 :; 1 ;- I ... 1 <-4 ...:, '.cj c., rSE Cor 01 fII. I NW 1/4 01 fIN , sw '1'4, Sft. ,J" I r. JO. Rg. 20 R LS I<<M ,- : ... .- ~ Q ,. ... S l:i ~ "" ~ 217 ,~ a .. ~ s ';I !is ~ . ------ E~"'\b\1- B ~ EXHIBIT "C" ESTIMATE OF COSTS . . - . . EXHffiIT "D" IRREVOCABLE LETTER OF CREDIT NO. _ TO CIty of StIllwater WashIngton County MInnesota We hereby issue an Irrevocable stand-by Letter of CredIt No. _ In favor of the CIty of StIllwater, MInnesota (the "CIty"), for account of Legends West LlImted Partnership (the "ApplIcant"), whIch IS avaIlable by negotIatIon of CIty'S draft at SIght on or before the 1st day of November, 2000, a wntten statement, executed by the Mayor and the Clerk or ItS desIgnee, beanng the number of thIS Letter of CredIt and statIng that the amount of the CIty'S draft covers the Indebtedness of the ApplIcant to the CIty provided for In SectIons 3.02 or 3.04 of the "Development Agreement" by and between the CIty and the ApplIcant approved by the CIty as of the 15th day of December, 1998, as amended, We hereby agree wIth the CIty that all drafts drawn under and In substantial complIance WIth the terms of thts credIt wIll be duly honored on presentatIon. ThIS credIt shall be construed In accordance WIth the law of the State of MInnesota IncludIng, In partIcular MInnesota Statutes, SectIon 336 5-101 to 336 5-117 (Umform CommercIal Code, ArtIcle 5, Letters of Credit). By Its -. . . MEMO To: From: Subject: Date: Mayor and CIty CouncIl Klayton Eckles, CIty Engmeer IL-t! v Reparr and Conveyance ofPlZmger LIft Station December 15, 1999 Discussion: Approxunately twenty years ago, the CIty mstalled a hft statIon off of Interlachen Dnve on the PIzmger Property Tins hft statIon was solely for the purpose of servmg the homestead of the PlZmgers. HIstoncally, tins hft statIon has been a contInual mmntenance problem for the CIty. It also has been a problem to the PIzmgers who have had sewage backup mto theIr house several times. Tins hft statIon IS now m need ofmaJor renovatIons Therefore, staff would hke to recommend some changes FIrst, we recommend the system be completely redesIgned to mclude a large wet well and a settlmg tank. Second, we recommend the alarm system be unproved and mstalled m the PIzmger home Fmally, we recommend the CIty dIscontInue provIdmg sel'Vlce to the statIon and treat IS as a pnvate facIhty. It IS unclear how thIS facIhty became the sole responsIbIhty of the CIty In all other sundar cIrcumstances, these types of systems are wholly pnvate W could JustIfy requmng that the PIzmgers be responsIble for some or all of the costs of thIS upgrade, smce It would be an ImprOVel11ent to theIr pnvate system AlternatIvely, we could use hftstatIon unprovement funds. The estImated cost of tins Improvement IS $10,000. Recommendation: Council deternune tins hftstatlOn no longer be maintmned by the City. CouncIl should also detennme whether we Wish PIzmgers to partICIpate m the project after addItional consultatIon With the PIZ1ngers . . . - .----......,.. r-- -" . --....r-- MEMORANDUM TO Mayor and CouncIl FR CIty Coordmator RE Sohd Waste CollectIon fees DA December 17, 1999 Discussion The fees for sold waste collectIon have changed, effective January 1, 1999, based on the amended agreement between the City of StIllwater and Waste Management, Inc. The fees are set by ordmance Therefore, the CouncIl wIll need to adopt an ordinance estabhshmg the new fees RecommendatIon' CouncIl have first readmg of ordmance amendmg fees for solid waste collectIon //I~ . STILLWATER ......--~ PUBLIC LIBRARY .23 North Fourth Street tdlwater, MN 55082 . . 651 439 1675 FAX 439.0012 - ---......r-.~- FYI 15 December 1999 Mayor Jay KImble and the Members of the City CouncIl CIty of StIllwater 216 N. Fourth St. Stillwater MN 55082 Dear Jay, Recently, we hued DavId R. SmIth, Consultmg Llbranan, to perform the space needs study for the lIbrary Accordmg to our tentatIve schedule, the study should be completed by late March or early AprIl of 2000. At that tIme, we plan to have the answers to the questIons. How much library space does our growmg commumty need? Is there enough space for addItIonal hbrary services and parkIng at our present locatIOn? What IS the estnnated per square foot cost of the addItIonal lIbrary space? We apprecIate the CouncIl's support for thIS study. We hope that It WIll prOVIde the data for a substantIve dIScussIon WIth the CouncIl next spnng on optIons for addItIonal hbrary space. Smcerely, ~ Lynne S. BertalmIO Duector . Decel1ber 9, 1999 STILLWATER TOWN BOARD MEETI~G Town Hall . 7:00 P.\I. PR~SENT: Chairperson Jerry H1Cks, Supervlsors David Johnson, Ken LaBoda, Shella-Marle Untiedt and Louise Bergeron. Also, Planner Meg McMonigal, Attorney Tom Scott and Treasurer Warren Erickson. 1. ftGENDA - M/S/P Bergeron/LaBoda moved to adopt the agenda as amenced. (5 ayes) 2. MINUTES - M/S/P Beraeron/LaBoda moved to approve the 11/10/99 Stillwater Town Board Me;ting minutes as written. (4 ayes, Hic~s abstain) M/S/P Untiedt/Bergeron moved to approve the 11/16/99 Stillwater Town ~all ~eetlng minutes as writte~. (5 ayes) 3, TREASURER- 1. ~/S/P Bergeron/Johnson moved to transfer 575,000.00 from the road and bridge general fund to the road and bridge future maintenance fund. (5 ayes) 2. ~/S/P Johnson/Bergeron moved adoption of a $647,498.00 budget for the year 2000. (5 ayes) . 3. Check #14026 thru #14041 and claims #462 thru #487 were approved for payment. 4. Mr. Rick Sandquist of Washington County Bank was present to discuss investments specifically designed for municipalities. 4. ATTORNEY- 1. M/S/P Bergeron/Johnson moved to approve a 2000 refuse license for ~aroney Sanitation. (5 ayes) M/S/P Untiedt/LaBoda moved to approve a 2000 refuse 1 icense for Waste Management subject to insurance certificates being received. (5 ayes) 2. M/S/P LaBoda/Bergeron moved to approve the sale of aVer-tech Demo M-30 STD Baler with chute door to T.M.T. for 5500.00. (5 ayes) 3. M/S/P JOhnson/Bergeron moved to approve deeds for a lot adJustment between the Schmoeckel family and Rutherford Ce~etery ~ssoclation. (5 ayes) 5. PLA~N~R- 1. Zonlng Ordinance not ready yet. (Next agenda) 2. Regardlng escrows for planning/engineerlng, the amounts requlrec may be lncreased depending on circumstances and owner/cevelooers wlll be advised of their obllgations in a more tlmely fasnion. 6. VALLEY ftTHLETIC ftSSOCIATION - John Melvllle and D1C~ Slver were present to talk aJout t~elr mlssion to provide adequate soccer flelds for the area needs. They are in need of funds from communitles whose chlldren use thel. flelds. - Stillwater Town Board Meeting - 12/9/99 Page Two .... WASTE MANAGEMENT - Rick Greeder was present to talk about the recycling ~hange starting January 1, 2000. Required by township ordinance #122, they will pick up recyclables along with garbage every week. A $4.50 charge per month will be added to the bill. A letter will be sent by Waste Management to their township clients regarding the new procedure. 8. RECYCLING GRANT PROGRAMS - Karen Richtman was present to propose two programs she'd like to do for the township. M/S/P JOhnson/Bergeron moved to approve a waste education newsletters to include with township mailings - cost $2,000.00 (5 ayes) M/S/P Bergeron/LaBoda moved to approve a waste education program that will involve going into the schools - cost $2,000.00. (5 ayes) 9. COMMITTEE REAPPOINTMENTS - M/S/P LaBoda/Bergeron moved to reaopoint Carole Yoho to the planning commission and Rod Hunter to the park committee. (5 ayes) 10. PARK PLAN - It was decided by the board not to have professionals devise a plan to completely redoing Otto Berg Park but to have the park committee decide what they want to do and have some consulting help. 11. ADJOURNMENT - Meeting adjourned at 10:23 p.m. . Clerk Chairperson Approved . ~ O AJ~/.'l - - '1'-ltt.c.,;L.",~, I II <S"ti,~ :~ \ \C BROWN'S CREEK WATERSHED DISTRICT . 1825 Curve Crest Blvd. Stillwater MN 55082 Tel: 651-430-8300 FAX: 651-430-6819 AGENDA REGULAR MEETING OF THE BOARD OF MANAGERS December 13, 1999 1 Call to order@ 6 30 PM, (approxImately) 2 Approve Agenda 3 Approve mmutes of Dec. 6, 1999 SpecIal meetIng & Nov 22, 1999 meetIng 4 Treasurer's Report (Gordon) A BIlls for payment B FmanCIal Status C 2000 Budget for fmal reVIew and approval (Gordon) o Budget by category E Cash flow and recovery analysIS F FmancIal asSIStance request from Washmgton County 5 THPP Project Status Report A. Pemuts and fees B Contract for constructIon C. Land AcqUISItIon D CommumcatIons (May 1N , Washmgton Co , MPCA, LCMR, DNR) E Penfield AppraISal ISsues F PubhcIty program. . 6 Second GeneratIon Plan A Managers reVIew and conmutment to personal contrIbutIon B ReVIew of dtscussIon WIth Steve Wood at MA WD Conventlon C Tune1me and CAC mput 7 ReVIew of EaR Contract Renewal 8 Plats and Plans for reVIew A Observatlons of eXIstmg constructlon and pemutted SItes B New plans 9 CommUnICatIOns A ReVIew ofMA WD Meetmg (LeIser) B ReVIew of SWCD Meetmg (Ooneux) Note It zs BCWD polIcy to not begm any new tOpIC for dzscusslon after J 0 00 PM 10 PotentIal AdmmIstratIve SolutIon and Cormmtment DIScussIon 11 12 13 Old Busmess/New Busmess ExecutIve seSSIOn, If requIred Adjournment l\lanagers: CraIg LeIser, Pres . Board Meetmgs are held on the 2nd and 4th Mondays at 6 30 pm, at 1825 Curve ere Boulevard, Sttllwater, ~ Karen Kllberg, VP . Jon MIchels, Secy . E J Gordon, Treas . Damel Potter ~ . . . BROWN'S CREEK WATERSHED DISTRICT NOVEMBER 8, 1999 Board Members Present: Karen KDberg Ned Gordon Don Peterson Dan Potter APPROVED Absent: Craig Leiser People present at the meeting: Mark Donea, SWCD; Dawn Hilde, Recording Secretary; Chuck Holtman, Smith Parker; Pat Conrad, Billy Thomas and Stu Grubb, EOR; Julie Westerlund, Dl'l'R; Jerry Turnquist, Oak Park Heights, Randy Thoreson, NPS, Pam & Wayne Bjorum, CAC; Rebecca Johnson, May Town Resident; Keith DeWolf 1. The meeting was called to order at 6:40P.M. by Manager Kilberg. 2. Agenda Stands as IS. 3 Approval of Oct. 2S meeting minutes. Manager Gordon moved to accept mInutes of Oct. 28, seconded by Don Peterson. Add Manager K1lberg and Manager Potter to the list of Board Members present. All ayes. Accept mInutes as amended. 4. Treasurer's report - Loan application for $70,000 from the WashIngton County Board of COIDIDlssIoners was approved. Motion made by Manager K.ilberg to gIve Manager Gordon approval to sign for the loan. Manager Peterson seconded. No discussion. All ayes Manager Gordon stated that no bills wIll be paid until this loan IS received. 5 Lower S1. Crob: National Scenic Riverway. Randy Thoreson, National Park ServIce, gave a presentatIon on thIS orgamzatIon. The Board for thIS watershed was gIven the job of puttIng together a cooperative management planlenVU'onmentallmpact statement. The St. CroIx RIverway IS very unusualID that haVIng a scemc nverway tlus close to a metropolitan area IS rare. The watershed IS 7760 square miles. Their web page wtll be available soon Comments to Randy Thoreson, 117 MaID Street StIllwater, Randv-thoreson@nos !!Ov Manager Gordon stated that the BCWD has been busy handlIng problems but knows there are other thmgs we could be domg In our area. Could we arrange a meeting to dISCUSS drrectIons for our watershed Randy agreed to meet WIth our managers 6. THPP Status Reports A Pernuts Billy Thomas, EOR reported that we have not received the WisconsIn Central permIt yet May TownshIp - we're stIli unable to get them to Issue a penolt. They stIll want us to pay for the review Smith Parker sent them a letter stating that we are not gomg to pay for a review Attorr.eys- LOUIS and Chuck WIll write a letter to theIr attorney to layout all the steps - the TownshIp does not have a good Idea of what their posItIon IS. We are not lIable for fees. The suggestIon was made that we send a manager to diSCUSS thiS matter With therr managers. Issue of tlmeline - their next meeting IS Oec 2 We would lIke to get an understandlDg from them so at their Dee 2 meetIng their vote would Just be a formality BC\vTI Meetmg Mmutes November 8,1999 1 Manager Potter asked If we are exempt from any permit. Mark Doneux thmks we should steer them . toward a grading perrmt mstead of pushmg them mto a defensive posItion Today they received a copy of our alternative plan Billy Thomas and Chuck Holtman's letter and plans will go out tomorrow Washmgton County - no problem. Billy Thomas, EOR stated that the tlmehne to get thIS Job done IS gettmg very short. Fnday (November 13) IS deadbne for bid ads If we want to present bIds to Board on 22-. We could award the contract for constructIon after May's meetmg, December 8th We need to avoid a late spnng constructIon schedule because the new section of Country Road IS a problem for us We will not be allowed to touch that road after It IS resurfaced thIS spnng Alternate Plan - Tony IS meetmg with DNR and LCMR next Wednesday Manager Peterson - asked If Billy Thomas was asktng for everythmg to be done before the perrmts are 10 hand Billy Said yes, he would hil:e to see BOald appro"allo go ahead wnh the blddmg BIiI} stated that 'We cannot adverttse for bIds a second time and then not select a bId. We would not get any bIds a tIurd time. Billy asked for a deCISIon about bId ads for Fnday contingent upon May TownshIp, ra1lroad, and property problems betng solved. Legal. At thiS tIme we do not know WhICh project we are putting out to bid - we are looktng toward the alternate bemg ready by Fnday. Billy - we need to decIde whIch plan we are gomg to use Manager Kllberg asked Manager Peterson If he would be okay With a vote to go ahead on Fnday If all the Issues fellmto place. Manager Peterson asked for a speCIal meeting before we decIde Manager Potter asked If we need to do thiS by Fnday Yes, we need to close the bids and select a bidder by the meeting on the 22-. No, Manager Peterson would not be comfortable voting at thIs bIDe Manager Potter - asked about LCMR approval Billy responded that we are not antlcipabng any problems With the LCMR. . Manager Peterson - you cannot put pipes 1Oto frozen ground. Worktng WIth the county on that road - we should be able to work out somethtng With them We have to deal WIth road restrIctions With spnng bulldmg Matter put off until next meeting 7. Second Generation/CAC a Planning options related to Water Governance Study. The work group met a week ago They agreed that we need a plan that meets the needs of the area, to do Browns Creek Plan and look at Car-Marine plan to coordInate BWSR pushIng us to do our own plans - they have gIven US a 6-12 month extenSIon for completing our plan Manager Leiser sent a draft to extend our deadhne to Manager Gordon several days ago Manager Gordon drafted a reVISIon of thIS letter and passed out COpies for review. Manger Ktlberg understood that statues must be passed before governance could force comblmng Governance would bke to get watersheds to volunteer to combme Manager Gordon - We need to define a strategic plan to define what we want to do and how we want to get there Manager Gordon will send hiS draft over to Manager LeIser for approval Motion to authorIze sendmg the letter by Manager Potter, seconded by Manager Gordon Manager Peterson asked Manager Ktlberg If she could send the letter out She agreed to do that. All ayes Pomt of mformatIon - Stu Grubb, EOR asked If the Board needed any engmeenng staff at the executive seSSIOn Chuck Holtman asked for one engmeer to stay . BCWD Meetmg MlOutes November 8, 1999 2 ------ . 8. PlatsIPlans (Rules) Green TWIg Villas - Brett Emmons. EOR. sent a letter to Klayton Eckles. City Engmeer for Stillwater, specIfically about the wetland setback Brett will meet WIth Klayton and a planner on Fnday Klayton has not receIved AUAR memo Mark Doneux will resend It. 9. Communications Letter from Ray Bohn, MA WD about the web page Mark Doneux asked everyone to add thelJ' e-mad addresses 10 Mark Doneux - MN-DOT Permit Application for relocating monitoring station The momtormg statIon will be placed below road level It wdl not be VISible from road. Mark Doneux - Scope of scwn - Mark would like to dISCUSS the scope of the sewn WIth a manager He IS not thmkIng of changmg the dollar amount but Just loolong at the scope Manager K11berg asked who would be the most appropnate Manager to SIt down and diSCUSS thIS Issue Manager K.ilberg asked Manager Gordon to work WIth Mark on that agreemenL Pat Conrad. EOR, stated that Emmons and Oliver would have a Letter of Intent at the next meetmg. Manager Gordon - we are required by statute to review all our contracts. Manager Gordon asked Emmons to walt unbl we advertise for bIds. Manager K.ilberg asked for that to be an agenda Item. Manager Kllberg recessed at 8 02. Board convened mto Executive Session. . Board reconvened Into open session. Manager Peterson presented to the Board sample eroSIon control plans and a sample erOSIOn control Inspecbon checklISt that the DIStrIct lDlght use or adapt. Adjournment moved by Manager Gordon, seconded by Manager Potter Carned 4-0. Adjourned at 905PM Manager D Potter, Secretary . BCWD Meebng Mmutes November 8, 1999 3 lVIinutes of Speciall\leeting Brown's Creek Watershed District November 15,1999 I Approved ~ Board )-Iembers Present: Craig Leiser, Karen Kilberg, Ned Gordon, Dan Potter and Don Peterson Others Present: l\'lark Doneux, SWCD, Louis Smith, Smith Parker, Bill Thomas, EOR and John Klun, Stillwater Gazette 1) Call meeting to order CraIg LeIser, PresIdent, called the meetmg to order at 7 08 P m. 2) Treasurer's Report Treasurer Gordon gave a brief report on the funds of the dIStnct. The $70,000 loan had been receIved from the county The loan is to be repaid by December 31,2001. The dIstnct'S fund balance is approximately $80,000. 3) Technical Review ofTHPP Project Status A. A reVIew of the meetmgs held With the LCMR and DNR to explain proposed changes to the project was given by Manager K11berg and Bill Thomas of EOR. Both agencies were in agreement with the reVIsed plans. B. May Townslnp grading permit. It was discussed that the dIStrict may stlll need a grading Piirt from :May TownshIp. Manager K1lberg brought up several of the Township's concerns. May Townshi~s concerned about bemg responsible for future maintenance of the project. A bnef diSCUSSIon was held regarding the watershed district's mtentions to maintain the project into the future. Manager Kilberg moved to clarify that the BCWD would be assuming mamtenance responsIbility for the THPP consistent With the operation and mamtenance plan. Second by Manager Gordon, Motion passed 5-0. Manager Kilberg will continue to work WIth l\tfay Township to resolve remaining issues C BIll Thomas indicated that he had receIved an e-mail from the Wisconsin Central Railroad. The e-maIl IndIcated that permIt was gomg to be issued m the next few days D Final Design No new changes were made The AdvertIsement for BIds were reVIewed and numerous comments and correctIons were made Managers Gordon and Peterson offered a wntten lIst of correctIons and suggested changes to the blddmg documents Any other wntten comments were to be given to LOUIS SmIth 4. Legal Review The Board went into a bnef closed seSSIOn to dISCUSS the detaIls of the land acqUISItIon The Board reconvened In regular seSSIon to contInue the land acqUISItIon Issues The next court heanng date IS scheduled for Friday, December 3, 1999 All land and easements should be m hand at the tIme. The court heanng on Fnday, November 12. 1999 YIelded a proposed settlement With the Lueck's. That settlement allowed for the dIStriCt to purchase the land In questIon from the Lueck's at a pnce of $190,000 TIns settlement mcluded a $30,000 d~ payment at clOSIng '-VIth the balance due on or before December 31, 1999 Manager Peterson moved to ac~ the Lueck property at a cost of $190,000 and m accordance WIth the court order. Seconded by Manager Gordon MotIon passed 5-0 Page 1 Brown's Creek \Vatershed Dlstnct - APPROVED Mmutes of Meetmg - November 15, 1999 Manager LeIser asked for legal counctl to clarify the other court order regarding certam documents and anformation generated by former district appraIser, 8dl Scwaab. Louis Smith outhned the court order to return ~e Scwaab materials back to the watershed district because they were inadmissIble and the distnct be rennbursed legal costs by the LuecklDe Wolf attorney for fees to Quash said documents. 5. Final Timeline The final tunehne for the bIdding process was outhne by Bill Thomas, The project would go out for bids on Tuesday, November 16, 1999 and bids would be due on December 1, 1999. A speCIal meeting was scheduled for December 6, 1999 to accept bIds, SIgn a contract with the lowest responsIble bidder and issue a Notice To Proceed On other Issues, It was also dIscussed that a Pubhc Heanng would have to be schedule for December 13, 1999 followed by the acnon to Order the KIsmet BasIn Project. The annual meetIng was scheduled for December 27, 1999. 6. Ordenng the THPP It was dIscussed that the THPP had already been ordered at the June 28, 1999 BCWD board meeting. 7 Adjournment Motion by Manager Ktlberg, second by Manager Gordon to adJOurn. Motton passed 4-1, LeIser opposed. .e meeting was adjourned at 9:05 p.m. Acting Recordmg Secretary ;t!cJtb VcrllR7 Mark Doneux . Brown's Creek Watershed DIstnct - APPROVED Mmutes of MeetIng - November 15, 1999 Page 2 9 10 11 1 2 900 3 900 4 9 15 5 9.:10 6 10 00 7 1055 8 11 10 11 15 to 12 15 Roll Call -.....--- -- - - WASHINGTON COUNTY DennIs C Hegberg DIstrict 1 Bin Pulkrabek Dlstnct 2 . Wany Abrahams D'stnct 3/CI1.ur Myra Paterson D.stnct 4 Dick Staffold D,stnct 5 COUNTY BOARD AGENDA DECEl\'ffiER 14, 1999,9:00 A.l\I. Consent Calendar Community Services Department - J Schug, Adnnmstrator A ChIld Care ServIce Grant "Welfare to Work WIth Clnldren m Mmd" B Agreement WIth UCare Mmnesota, a :MInnesota HMO Assessment. Taxpayer Services & Elections - M O'Rourke, DIrector A PolIcy on DemolitIon of Buildings on Ta"'{ ForfeIted Property B DemolitIon and Removal of Several Buildings on Tax ForfeIted Parcels C DemolItIon and Removal ofBwlding on Ta"'{ ForfeIted Land m the CIty of Bayport D CreatIon of a Tax Forfeited Fund Public Health & Environment - M McGlothlm, Drrector Update on 1999 Fall PreventIon Project General Administration - J Schug, Adrmmstrator A B C D E F . Set PublIc Heanng for the 2000-2004 C I P Update on HUD ReSIdent Board Member RegulatIon Adoption of 2000 Budget, Tax LeVIes for 2000, and lIRA Levy for 2000 EstablIsh Salanes for the County Shenff, County Attorney and TheIr AssIstants for 2000 EstablIsh the 2000 Salary for the County Adrmmstrator EstablIsh County ComnllsslOners' SalarIes, Expenses and Benefits for 2000 DISCUSSIon from the Auchence Vzsr tors may share therr concerns WIth the County Board of CommISSIOners on any rtem not on the agenda. The Charr WIll drrect the County AdmmIStrator to prepare responses to your concerns You are encouraged not to be repennous of previOus speakers and to lzmrt your address to five mmutes Commissioner Reports - Comments - Questions Thrs penod of nme shall be used by the CommISSIonerS to report to the jiJl Board on commrttee actnmres, make comments on malters of mterest and mformanon, or raISe quesn011S to the staff ThIS actIOn IS not mtended to result m substanme board acnon dunng thIS llme Any acnon necessary because of dlSC'.lSSlOn WIll be scheduled for a future board meenng Board Correspondence Adjourn "\V orkshop with Court Services Department DISCUS PolIcy Issues m ChargIng Offenders Fees for ProbatIon ServIces . ..........MEETING NOTICES LISTED ON BACKH'" A....'..t1ve Ii..tenmg deVICe.. are avatlable far u..e m the CountY Board Roam If vau need asslSfance due to dlSab,lirr... ar 'a..ngu,!ge bamer 'p"ease call 430-60CO (roo 439-322QJ Ec.UAL EMFLOYMElI.JT OFFORTUNITY I AFFII-IMA TIVE ACTION EMPLOYER -~~..- WASHINGTON C01JNTY BOARD OF COMMISSIONERS CONSENT CALENDAR** DECEMBER 14, 1999 .Ollowmg Items are presented for Board approva1ladoptlon DEPARTMENT/AGENCY ITEM Admmlstranon A Approval of the November 23, 1999 and December 2, 1999 Board m=tmg mmutes and the Truth-m- Taxatlon Board mmutcs B Approval to amend pohcy #1012, Mlleage Rcunburscmcnt, to lDClClISe mileage for md1V1duals usmg personal velnclcs on COlDlty busmcss and cstabhsh the new tmlcage rate at 32 5 cents per tmlc, effecl1ve pay pcnod begmmng January 9, 2000 C Approval ofrevlSed pohcy #1101, procedures for County BoudAgcndas D Approval ofresolutlon adoptmg the text amcndmc:ntto the Washmgton County DcvelOJlDHl'Ilt Code Chapter Two, Part 3, Zomng Regulanons Raihoad Overlay D1stnct's Pcrfonnance Standards, Ordmancc No 142 E Approval of staff comments on the revlSed CIty ofLakc1and COIIIpIehCDSlVe Plan. F Approval of staff comments on the draft CIty ofNcwport ComprchCDSlVe Plan. G Approval of staff comments on the draft Wlnte Bear Lake Comprchcnslve Plan. H Approval to appomt Mark Cove to the W OIkforcc Council to a term cxpmng June 30, 2001 Approval for Washmgton County to serve as the Responsible Govc:mmcnt UnIt on a MctroGIS apphcat10n for a Semce Sharmg Grant from the Mumcsota Board of InnovatIon and CooperatIon. Assessment, Taxpayer Semces J Approval ofrcsolunon, authcmze the sale of tax-forfcrted pme13 I 032 20 11 0050 located m New Scancha ToWDSlnp and ElectIons K. Appro" al of abatcmcnt apphcatIons for homestead classmcat1cm. Approval of a needs dctcmnnanon for a Ne1cton ICFIMR to convert from a Class A to Class B FacJhty and for a rate adJustment Commumty Semces L M ety Attorney N FmanClal Semces 0 Human Resources P Approval offcdcra1 W orkforcc Investment Act and Mmnesota youth Program Youth Plan. Approval to sulmnt a grant for the gang prosccutlon JDltlatlVe fimds from the Mmncsota Department ofPubhc Safety, Office of Drug Pohcy and VIolence Prcvcnnon for the pcnod JlIllWIIY 1,2000 through December 31, 2000 Approval ofresolutlon, Comfort Lakc-Forest Lake Watcrshcd I>1stnct Loan Advance Approval of semce agrcemc:nt With DCA, Inc. to admm1stcr the employee FlCX1ble Spcndmg Account programs for 2000 Pubhc Health and Envmmmcnt Q Approval of the Household Hazardous Waste Inter-County R.caproc:al Use Agn:cmc:nt Transportanon & PhySIcal Dcv R. Approval of contract With OSM and AsSOCIates and SEH, Inc to transfer the contract from OSM to SEH to complete the planmng and cngmecrmg analyStS necessary for the Tnmk Hlghway 36 Subarea Study S Approval to change the stlUcturc of weddmg ceremony and reccpnon fces charged by the Washmgton County Hlstonc Courthouse and approval to mcrcase fees ($50-$75) charged forrcntals T Approval ofresolunon, all-way stop llIstallanon at CSAH 10 and CSAH 19 at the Lake Elmo Regional Park mam access llIterscctlon. .Ccmsent Calendar Items are generally defiDed as IIemS oCroutme busmess, not RqIllnD& chSCUS8lllll, and appn1Ved m 0IItI wte COIIIIIIIlIIIICIneIlIrmy elect to pull a Ccmsent Calendar Item(S) tor chSCWlSlOlllllldfor 9llplIllIIo acl10n REMINDER No Board Meebng December 18, 1999 ********************************************************************************** Date COlDlDlttee December 13 Ltbrary Board December 14 IntervIew for Ltllraty Board Vas;anr;y December 14 Fmam:e Commrttee December 14 Meota1 Health AdVJSoIy CollDCi1 December 14 HRA Board Meetmg . December 14 PlaDmng AdvIsory Om>m'<:"'OD December IS Mosqw.to CoDuol CommlttCC December IS Regmual Sahel Waste MgJDt. CooId. Board December IS TransportatIOD AdVJSoIy Board December 16 Commmnty Comc;uoDS December 16 WOItforce Co1lllCl1 December 16 Met. TAB December 16 Parks and Open Space Comm1ssIOD MEETING NarICES TlDle 630pm 8 30 Lm 1 00 pm 400pm 430pm 700pm 9 00 Lm 1030 Lm. 200pm 7 30 a.m 8ooLm. 12 30 pm 700pm Location 1033 Cemmy Ave N - Newport WasbmgloD County GoverDlllCllt Center WasbmglDn County Govamucnt Center Omst Lutham Qmn:h - Lake Elmo 321 Broadway - St. Paul Park WasbmgloD County Government Center 2099 Umvasny Ave. W - St. Paul 2099 Umverslty Ave. W - St. Paul 230 E. S* St. - Mears Park Centre Lake Elmo Inn - Lake Elmo WasbmgIDn County Government Center 230 E S* St. - Mears Park Centre St. CroIX BlufI'S RegIonal Park Conference Center DEC-15-:999 11 13 CITY~~ CIlY OF OAK PARK HEIGHTS TUESDAY, DECEMBER 14,1999 CITY COl.""NCIL ~lEETING FOLLOW.lTP AGEr-..-rnA 7:00 P.M. P.02 0'::: . 7.00 pm. 1. call to OIder/Ap,\,raval of Agenda Approved. as presented.. Cazri.a 5.0 7 05 p m E D~arl:nentlCouncJ L1alson Revorts A PliLlUWlg COn:m1SS10n Up elate prowlea. Next meeting is December 16th at 7 :00 p.m. B. Parks Commission Upclate providea. Next meetini is De(ember 20~ at 7 :00 p.m. C. Cable ConunillS1on Upd.ate provided.. D. Wa.ter Manilflement Orgawzabons 1 Brown's Creek Wa.tetshed Dlstnd: Update providecl. 2 Middle St. Croix Watenhed DIstriCt update Provided. Next meetins will1e early January 3 Valley BrAnch Watenhed D1Stnct Notb~ to report, . E Other 1 Recog111tlon of Members of the Commu111ty Recognition oE Robert alul Dustin Bohn's actions on November 18, 1999. 2 Bridge Upda.te - see item A under old BUiinelS Reque.t to note that there will be an update on the St Croix lOver Crossing Layout, 7.07 p In III Vlsitors/PuhlIc Comment A Recyding Award (1) Ann Sunpson, 1484156tl. Sheet North. T~u' S 8n oppomn1ty for ~e pubhc to ar1kn. th9 CO\.nCJ 'IYItl1 qucsbor~ or eon(,Ctr.S 011 :5SUilIl r.ot part of ~he rclilular agenda (Plnllll hnut commC"lt:J tc 3 m'nutes mlength ) 7 10 p m. IV Consent Agenda (Roll Call Vote) A Approve BJls Ft Investm.ents B Approve Cdy Council Minutes - November 23. 1999 (2) C Approve Clty CouncJ Mmutes - November 29, 1999 (3) D Approve T rut1m T 4.'Ubon Mmutes - Decemher 6, 1999 (4) . CIT'(....8F~,..- ;:; 03 04 rE~-15-1~~9 11 13 . 7.15 p m, V. e7.20p.m . E. Authorization to purchase hJlslze four wheel drive vehicle for polIce Department (5) Approwl of 2000 Non-unlCn salcUj AdJ~stment!; (6) Annual Transfers (7) Approval of 2000 Home Occupation Ltccnse Renewals (8) Contractor'l hc:e:wing (9) Approval of Park Attendants (10) f. G H 1 J Item B pulled for <llarificatio:n and tabled for iu"estigatJ.on. All other items a.pproved.. Roll <:all vote was taken. Carriec:l5.0, public Heuinis A. TNT Adoption hearing 1 Approval oi Proposed Budget Adjustments (11) loolonon to approve Budget AdJustment.. Carried. 5.0, 2 Approval of 2000 Budget (12) Approvecll,y Resolution. Roll call vote waS taken. Carried 4.1. Councilmemkr Beaudet opposed. 3, Adopbon of Tax Levy (13) Approvecll,y ReSlolutiou. Roll call vote 'Was taken. Carried. 4-1. Counc:ilmem1eJ' Beaud.et opposed, VI. N e",- Business A. Approve ResolutIon Providin~ for the lsswmce and sale of $10,000,000 Elderly Housing Revenue Refunding Bonds, /Bout:vcll's Landwg PrOJect}, Series 1999B to Provide Fund, for an Elderly Housing ProJect, on Behalf ot Valley Semor Services Alhance (14) Approved. by Resolution. Roll call vote was taken. Camecl5-0. B Pa.rks Commission AppOlntment (15) Approved. 5.0. C Sunnyside Marina Correspondence (16) Concept ApproveJ 5.0. D. Approval of CaLle Commission and k:cess Center 2000 Budgets (17) Approved. 5.0. E Letter of U nclexstiiUlltng a:ullntent to Lease Wlth. Cl,bon to Purchase ~ 18) REFER TO ECONOMIC DEVELOPMENT AUTHORITY Motion to refer to January 11th EDA meeting. Carried 5.0, F. ~o Parking on Korth SIde of 5811. St in Kem Center (19) Motion {or no parking north llicle of 5Sd, St.. north side of 55'1. St%cet and. west MeDlorial Ave. Approved by Resolution. Roll call yote was taken. Carried 5.0. F AdoptIon of Years of SeJ;V1ce Recogmtlon Resolubon (20) Approved. 5.0 LEC-1S-19S9 11 14 eIT'- 3i=-CF' =' 0404- 7 35 p.rn VII. eM Busmess A. St Cro~ R1vez Crossmg Layout RevIew (21) Upchte providecl. . B Acceptance of Executive Summar} - Safety Program (22) Approved 5.0. C Settlement Agree:nent - ElllilI MedII Company (25) Tabled to next meeting. Carried. 5.0. D Well Sitil1g/Contammation Report (24) Referred. to Jan. 1St!. wo~k session. Carried. 5~O. E Post office (25) Update Proviclecl. F Extension of SnowploW11'1i Contract (26) Approved 5.0 G. Calthorpe Study (27) Update providecl. Motion to accept and clirect staH to continue to work on project. Carried 5.0. H. Set time for last CouncJ Meeting of 1999 Time set tor 10:00 Q..m. December 28"'. Carned. 5.0. I Set January Worksession (tunc, date and length) TUne set for 6:00 - 9.00 p.m. January lSd.. Carried. 5.0. J Remmder of Jomt Work'e5stOn - Planning CCmt1US810n and Cound 8.00 p.m. Decembe.r 16,1999. Reminder provideJ. e..IS p.m. VIII Adlournment . Meeting aajourned at 8:18 p.m. Carried. 5.0. SQC7al gathmng a: Applebee', may follow . TOTAL F.O..! .......-~'-,---r ~ ~ <KC:a.~s""tn'"'" II]] Public Notice . US Army Corps of Engineers 5t Paul DlStnct APPLICANT: Dock Cafe Corporation ISStn[D: December 9, 1999 EXPIRES: January 7, 2000 REFER TO: 00-00747-DJS SECTION: 404 - Clean Water Act and 10 - Rivers & Harbors Act of 1899 1. APPLICATION FOR PERMIT TO place rock riprap adjacent to ar-a in the St. Croix River. 2. SPECIFIC INFO~ATION. APPLICANT'S ~~DRESS: 425 East Nelson Street Stillwater, MN 55082 . PROJECT LO~_TION: The proJect S1te 1S locaced 1n Sec. 28, T. 30N., R. 20W., Washington County, M1nnesota. The proJect locat1cn's approx1mate Universal Transverse Mercator (UTM) coordinates are Zone IS, North 4988800, East 515500. DESCRIPTION OF PROJECT: The appl1cant proposes to discharge fill mater1al for bank stab1lization 1n the St. Croix River. ~~ area measur1ng 175 feet long by 3 feet w1de would be excavated. 9 1nches of bedd1ng mater1al would be d1scharged to anchor the rock r1prap. A backhoe/bobcat would be used for the construccion of the proJect but a barge would not be needed to assist 1n the construct1on of the project. On top of the bedd1ng, Class 3 rock would be d1scharged 1n an area measur1ng 175 feet long by 40 feet w1de. The f1nal layer on top of the Class 3 rock would be rock r1prap measur1ng 18 - 24 1nches in d1ameter. The rock r1prap (tan 1n color), would be placed 1n the same area as the Class 3 rock, measuring 175 feet long by 40 feet wide. All work would take place between elevat10n 675 (Normal Pool) and elevat10n 683 (see draw1ngs) . The rock r1prap 1S the same material used by the Corps of Eng~neers 1n Stage 1 of the C1ty of Stillwater Levee Wall ProJect. The rock r1prap would be cons1stent w1th the eX1sc1ng mater1al near the s1te, VEGETATION IN AFFECTED AREA: Dec1duous hardwoods w1th a rocky/sandy shorel1ne. 4It SOuaCE OF FILL MATERIAL: Local commerc1al sources. SURRO~~ING ~~ USE: Recreat10nal and commerc1al, ~~ CEMVP-CO-R (OO-00747-DJS) SUBJECT: Notice of Application for Per.mit December 9, 1999 THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN DESCRIBED BY THE APPLICANT: S1lt fenc1ng would be placed near . elevation 675.00 to control sed1mentat1on 1nto the r1ver. 3. REPLIES/COMMENTS. Interested part1es are inv1ted to subm1t to th1s off1ce wr1tten facts, arguments, or object1ons w1th1n 30 days of the date of th1s not1ce. These statements should bear upon the sU1tab111ty of the locat1on and the adequacy of the proJect and should, 1f appropr1ate, suggest any changes believed to be des1rable. Comments rece1ved may be forwarded to the app11cant. Rep11es may be addressed to Regulatory Branch, St. Paul D1str1ct, Corps of Engineers, 190 Fifth Street East, Sa1nt Paul, MN 55101-1638. Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Dan J, Seemon at the St. Paul off1ce of the Corps, telephone number (651) 290-5380. 4. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT. None were 1dent1f1ed by the appl1cant or are known to eX1st 1n the perm1t area. However, Wash1ngton County is w1th1n the known or h1stor1c range of the following Federally-11sted threatened (T) and endangered (E) spec1es: Soec1es Hab1tat . Peregr1ne falcon (E) Bald eagle (T) H1ggins' eye pearly mussel (E) Breed1ng Breed1ng and winter1ng St. Cr01X R1ver Th1s app11cat1on 1S be1ng coord1nated w1th the U.S. F1sh and W1ldl1fe Service. Any comments it may have concern1ng Federally-11sted threatened or endangered wildlife or plants or their cr1t1cal habitat w1ll be cons1dered 1n our f1nal assessment of the descr1bed work. 5. JURISDICTION. This proJect comes under the regulatory Jur1sd1ct1on of the Corps of Eng1neers because the St. Cr01X R1ver 1S a nav1gable water of the Un1ted States. REGULATORY AUTHORITY: This app11cat1on w1ll be rev1ewed accord1ng to the provis1ons of Sect10n 10 of the R1ver and Harbor Act of 1899 and Sect10n 404 of the Clean Water Act. Therefore, our pub11c 1nterest reV1ew w111 cons1der the gU1de11nes set forth under Sect10n 404(b) of the Clean Water Act (40 Code of Federal Regulat10ns 230) , THE APPLICANT HAS STATED THAT THE FOLLOWING STATE, COUNTY, AND/OR LOCAL PERMITS HAVE BEEN APPLIED FOR/ISSUED: M1nnesota Department of Natural Resources. . 2 ~ vecemoer ~. 1~~~ CEMVP-CO-R (00-00747-DJS) SUBJECT: Notice of Application for Per.mit . 6 WATER QUF~ITY CERTIFICATION. T~lS ?~bllC Notlce r.as been sen~ to the Mlnnesoca Pollutlon Control Agency and lS conslde~ed by the Dlscrlct E~glneer to conscltute valld ~otlflcatlen to that agency for wate~ quallty ce~~lflcatlon. The Mlnnesoca Folluclcn Control Agency has lr.dlcated that It lnter-ds to reVle~ thlS proJecc to dete~lne the approprlate aCClon unde~ Sectlon 401 0= tr.e Clean Wate~ Act. F~y comments relatlve to Mlnnesota Pollutlon Cor.trol Agency aCClons may be sent to: Mlnnesota Pollutlon Control Agency Permlts Sect lOr. D1V1Slon of Water Quallcy 520 Lafayette Road St. Paul, Mlnnesota 55155 7. EISTORICF~/F_~CHF~OLOGICF~. ThlS ~ubllC notlce lS being sent to the Natlonal Park Se~vlce, the State Archaeologlst, and the State HlscorlC Preservatlon Offlcer to deternlne lf the~e are &~own cultural resources which may be affected by the descrlbed work. F~y unknown archaeologlcal, sClentlflc, or hls~orlcal data could be lost or destroyed by the work descrlbed In the peYmlt applicatlon. However, the latest verSlon of the Natlonal Reglster of Historlc Places has been consulted and no listed prODer~les (known to be ellclble for lncluslon, or lncluded in the Regisce~) are locaced In th~ proJect area. . 8. PUBLIC EEF_~ING REQUESTS. F_~y person may request, In writing, wlthln the comment perlod speclfled ln thlS notlce, that a publlC hearlng be held to conslde~ tr.1S appllcatlon. Requests for publlC hearlngs shall state, In detall, the reasons for holdlng a publlC hearlng. A request may be denled If substantlve reasons for holdlng a hearlng are not provlded or lf there lS otherwlse no valld lnterest to be served. 9. Pu~LIC INTEREST REVIEW, . The declslon whether to lssue a permlt wlll be based on an evaluatlon of the probable lmpact, lncludlng cumulatlve lmpaccs, of the proposed acclvlty on the publlC lnterest. That declslon wlll reflect the natlonal cor.ce~n for both protectlon and utlllzatlon of lmpor~ant resources. The beneflt WhlCh reasonably may be expected to accrue from the proposal must be balanced agalnst ltS reasonably foreseeable detrlments. All factors whlch may be relevant to the proposal wlll be cor.sldered, lncludlng the cumulatlve effects. A~ong these are conservatlon, economlCS, aesthetlcs, general envlronmental concerns, wetlands, cultural values, flSh and wlldllfe values, flood hazards, floodplaln values, land use, navlgatlon, shorellne erOSlon and accreC10r., ~ec~eatlon, wate~ supply and conservatlon, wate~ q~allty, er-e~gy needs, safety, food and flber production and, In ger.e~al, the needs a~d welfa~e of the people. Envlronmental a~d othe~ doc~ments wlll ce ava~lable for reVlew In the St. Paul D1St~lCt Offlce. 3 '"'w - - -Vl~- -------- CEMVP-CQ-R (OO-00747-DJS) SUBJECT: Notice of Application for Per.mit The Corps of Eng~neers ~s sol~c~t~ng comments from the publ~ci Federal, State, and local agenc~es and off~c~alsi Ind~an tr~besi and . other ~nterested part~es ~n order to cons~der and evaluate the ~mpacts of th~s proposed act~v~ty. Any comments rece~ved w~ll be cons~dered by the Corps of Eng~neers to determ~ne whether to ~ssue, mod~fy, cond~t~on, or deny a perm~t for th~s proposal. To make th~s dec~s~on, comments are used to assess ~mpacts on endangered spec~es, h~storic propert~es, water qual~ty, general env~ronmental effects, and the other publ~c ~nterest factors l~sted above. Comments are used ~n the preparat~on of an Env~ronmental Assessment and/or an Env~ronmental Impact Statement pursuant to the Nat~onal Environmental Pol~cy Act. Comments are also used to determ~ne the need for a publ~c hear~ng and to determ~ne the overall publ~c ~nterest of the proposed act~vity, December 9. 1999 Enclosures t-!J. ~~ Ch~ef, W~scons~n Perm~ts Sect~on NOTICE TO EDITORS: Th~s publ~c notice ~s prov~ded as background ~nformat~on and ~s not a request or contract for publ~cat~on. . . 4 . il.; - '- ----- . . , " - 11879 t ..... ,_ I - I .pro~r ~ocA1i~,J I . _~_lOOi"li-O'J"S '"' I"~ ~C_ \ CJ;" ~) '< "'{~ , - ~ T '~ aS7 J .iY ~ --- ---,'--- ,-' , '\ , , -_\ I I . . . l-}yrlN \/,GW Sc."U_G I" r 40 ' \A J"\\\\'I, ~ 1~~'S>AJ ' f ?oc.... CI'lI"Ei 1" ~ "'> , l li.t\\\.,\~u..\d .I ~,. . '- '- . - ~IJ;: ~-NC. U'OSOIc...J ,f \ ", ""-,. '... ~;8 '~~ --.. -. _. - -:' '---- ....... .......... 0... . _ _ _ _ _ _ .... ....... L.... ........ - - - r zl-~ /__ __ ........... ...... ':'........... ......,.....- \ ~ap~s-",-'~"': ~ ,_ -='. I ._ ....... ~ " ..... - "- ~'~7~~~ fC,p' k>A - P- - -l~" C1-----l<',p (C",lt.P - -. - -........:::.. ;-:;..:::::::. - -- r '- ~c .... T J '" .... r ,.. c.., I ... ~ - ..........., 7J" ~ ~'~-;:--=-f>~_.....::.7- COb ~'TJlI-~B - '6 ' - ~-. -- _ ----_. ~', " -. - - (,? 0 -. - -". -. ~ -'- - -- ..... -- - '--.... .... '... .... Naell1~t- I~,- \ .... s-\ C,<<:o,..... Ie:, Vlf" ~ \ ~.{. (!;-y. G,-}S' 1='"'- 0 u..) , -~ " .... 00- 001'11- oTS .... (. P~1~ z.of 3) ... , ~S'1Md i r.= lJ I, ~XC,r.V#TIW e: BtfSDDIAI&; ....3 e,P k"~/7 SJi"c. "70~,J 06' J t;JUI9HIr-Y /00 c. '-1 ~So ,0.,." 10:;10 "fill) _-:~"'/I "-- (; .......... - - --..--- --...-- - - ---- - D I; Co K.... I--,,\? 7 77 , ;1 \ 'flAc.M;' t:lF FIt_<- ~~;J - FIZDIH tOG ANG'~ fZ.. I '- J . ---....-... ~ I ....... ........" 'l " , ---- .... ,EXIf>r '7 ~Rt906 . - - ~-. - 2-~---~, t)O-001Lf1-1).TS (fA" 3~3) . /', - ~. - ~ V&"/~r. /" = /e)' /-IOIl;"'C.. . #"rlF " Da No r DI5TUIU~ ex/&.r::;' Koclc- 4. r I " ~?6' CON.31tl UG r A~~~ ~_~,: . - ~--------................. ~----- - -, ~. '" WASHINGTON COUNTY Dennis C. HelllMr; District 1 em Pu1llrabek DI.ax:t 2 . WeDy Abrahllmson DI.ax:t 31ClIall' Myra "-termn DI.aic1 4 DlckStaffara DI.ax:t & ass 'It ~SI t fr^ AsioftGTon coOJt1'_.t IWU 7ras cr hota:s 8' SmJUo COUNTY BOARD AGENDA DECEMBER 21, 1999, 9:00 A.M. 1 2. 3 900 900 4 945 5 6 7 8 1000 1015 to 1045 6~36 pm. Roll Call Consent Calendar General Adminililtration - J. Schug, Administrator A Space and Faci1ities Plan for 1999-2010 B Brown's Creek Watershed District's Request for an Advance C Update on Proposed Legislation - Public Employees' Retirement AssoClatlon Discussion from the Audience Y'mton may 3htl1'e therr C01lc:srn3 with the County BotZI'd ofCo1llllU8Sl01ltl1'3 011 tl1fJI Item not 011 the agenda. The ChazrWlII dzrect the County Ad1llUl1Strator to prepare re:tpo1l3a to your C01lcerns You tl1'e encouraged not to be repetztzous of prtMOUS speakers and to Iumt your addras to ftve mz1luta Commissioner Reports - Comments - Questions Thu penod ofnme 3hal1 be used by the Co1llllU8Sl01lt11'3 to report to the full Board on commrttee actMbes, 1tIIZlrB comments 011 matttl1'3 of mterat and z1rjo1'7llQtJ01l, or raue quutw1l3 to the 3taff Thu actz01l u 1Iot ",tended to result rn sub3tantzve board actz01l dun1lg thu tune Any actz01l 1It1Ct133tJTy becau.re of dUC/.UJo1l will be 3cheJrJed for a future board meetzng Board Correspondence Adjourn Workshop with the Office of AdminililtI'ation . Discussion and Direction on the Pmcbase of Development Rights Ordinance and Procedures Document - Public Hearing - Transportation and Physical Development - New Scandia Town Hall 14727 - 20~ St. N. Turn. Back of County Road S3 Scandia, MN 55073 ************************************************************ REMINDER: No Board Meeting DeC2mber 28, 1999 MEETING NOTICES Date ComJDlttee Tune LoatioD December 21 Finance CoIDlIllt1ee S 00 a.m. Washington County Govemment Center . December 22 911 Board 9'00 a.m. 2099 University Ave. - W - St Paul December 30 Red Rock Comdor 3 30 P m. 7516 S SOda Street - Cottage Grove City Hall January 5 Met Council Regwnal Transit Master Plan 600pm. 7516 S. SOda Street - Cottage Grove City Hall A..uutIw __"""./ dellre.. .,. .v.abIe loT _In the CDUnty BDIIffI Room " :tou nern/ ..._ due 1D d.e~'" lImgu~ Nme'(,JHe- 12/1130-6000 (TDD 439-322t}J EQUAL EMPLOYMENT OFPORTUNlTy I AFFIRMATIVE ACTION EMPLOYER '...",.F ~ WASHINGTON COUNTY BOARD OF CONIMISSIONERS CONSENT CALENDAR * DECEMBER 21, 1999 I following items are presented for Board approval/adoptlon DEPARTMENT/AGENCY ITEM Admmistratlon A Approval to appomt Bnan Zeller, Stillwater, to the Washmgton County LIbrary Board to a term begmnmg January 1, 2000 through December 31, 2002. B Approval to appomt Mary Bnmkow, Pubhc Employment Service Representatlve, to the Workforce COlmcil to a term. expIring June 30, 2000 C Approval ofvacat:J.on cash-out for the County Recorder. D. Approval of staff comments on the revISed Grey Cloud Island Township Comprehensive Plan and Crit:J.ca1 Area Plan Update. E Approval of staff comments on the draft of City of Woodbmy's 1999 ComprehensIve Plan F. Approval of the County comments on the proposed establishment of Development DIstnct No 2 and Tax Increment DIstrict No.8, a Housing District in the CIty of Stillwater. ~ty ServIces G Approval of County certification of Cc:nmmmity Services Case #22505 to prOVIde adult foster care services to a related person. H Approval of contract with Housmg and Redevelopment Authority to provide housing subsidtes for individuals with a serious and persistent mental illness. Public Health and EnVIronment I. Approval of resolution continuing the existing fee schedule for Solid Waste, Hazardous Waste, Food, Beverage and Lodging; On-SIte Septlc, and Water AnalySIS. Recorder J. Approval of plat of Ekdahl Estates. New Scandia Township Transportat:J.on and Physical Development K Approval of resolution, traffic signal maintenance agreement no 79407M, for CSAH 19 and 1-94 southramps at CSAH 19 with the City ofW oodbmy and the Minnesota Department of Transportation. L. Approval to set a pubhc hearing for January 11, 2000, 9.00 a.In. to consIder amendments to the Wasbington County Development Code. M Approval to set a public hearing for January 25, 2000, 9 00 a In. on the draft EnVIronmental Impact Statement regarding the C.A.M A.S MN, Inc. mming expansion in West Lakeland Townslnp . .Consent Calendar Items are generally defined as rtems of routme busmess, not requmng dISCUSSIon, and approved m one vote COIIlIDlssloners may elect to pull a Consent Calendar ltem(S) for dISCUSSIon and/or separate actIon